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Board of Selectmen Minutes 11/03/2014
Old Lyme Board of Selectmen
Tuesday, 3 November 2014
Regular Meeting MINUTES APPROVED 12/4/14

The Board of Selectmen held a Regular Meeting at 7:30 PM on 3 November 2014 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectwoman Bonnie Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Skip Sibley were present.

1. Approval of Minutes
Meeting 20 October 2014
Selectwoman Nosal stated that under Recycling Committee Updates the minutes read: Reemsnyder stated the Recycling Committee would like to continue being a committee and continue to look at ways to improve recycling for the town. Selectwoman Nosal stated that it should read that “the Recycling Committee recommended to the Board of Selectmen that there be a standing Committee to be set up by the Board of Selectmen”. Selectman Sibley asked that under Adjournment that the verbiage Selectman Sibley mad a motion be changed to “Selectman Sibley made a motion”. Selectwoman Nosal moved to accept the minutes with corrections, and Selectman Sibley seconded the motion. SO VOTED.

2. Communications – NONE
3. Appointments – NONE
Selectman Sibley moved that Agenda Item 4. Old Business (e)Water Resources Committee be moved to this point in the Agenda. This was seconded by Selectwoman Nosal. SO VOTED.

4. Old Business
e. Water Resources Committee
Steve Ross stated that the Water Resources Committee was appointed at his request by First Selectman Tim Griswold in April of 2011. The Committee looked at planning ahead to ensure a supply of clean potable water for the Town. Currently there is no problem. After over a year of studies, the Committee drafted an Ordinance which has gone through a couple of revisions and was presented to the Board of Selectmen. The Ordinance does not prevent or prohibit the exportation of water from the Town, but it does require a permit for such, which includes a certain quantity allowed each day and excludes sewers. As a result, the consensus was that an attorney who is an expert of such matters should review the proposed ordinance and come up with something that is enforceable. Mr. Ross now requests that the Town budget for funding a study by an independent attorney of the Board of Selectmen’s choosing who would be expert in this area. This attorney would determine if any Ordinance can be drafted to require a permit before exporting water from the Town. Secondly if there is a way to word an Ordinance that is enforceable and to suggest any changes to the proposed draft in order to bring the Ordinance back to the Board of Selectmen for approval and then to a Town Meeting. First Selectwoman Reemsnyder stated that a couple of years ago this draft was reviewed by a law firm that did have experience in environmental concerns such as this. At that time, the reviewing attorney, Bruce Chudwick, of Shipman and Goodwin did have concerns about passing such an Ordinance. In order to get an expanded view on this, it would cost in the range of $8,000. There was a discussion. First Selectwoman Reemsnyder stated that this will be included in the budget and she will talk to Atty. Chudwick to see if the estimated cost is still valid.

Selectwoman Nosal moved to move Agenda Item5. New Business (a) Norman Main Request for Eagle Award Project to this point in the Agenda. Selectman Sibley seconded the motion. SO VOTED.

5. New Business
a. Norman Main Request for Eagle Award Project
Norman Main gave a presentation about the benefits of skateboarding. For his Eagle Award Project he is looking for Town property to build a skate park on (preferably a park) and funding from the Town. He has spoken to someone who would help him design the park and the estimated cost of building a park would be between $30,000 and $100,000. Norman and his mentor had spoken to First Selectwoman Reemsnyder earlier and she expressed concerns about insurance. She reached out to the Town’s Insurance Agency and although they did have some concerns, they did acknowledge that there are skate parks in other communities that they insure. It was suggested that Norman speak to the Parks and Recreation Commission as they are in charge of parks. Norman has looked into possible funding from outside sources. First Selectwoman Reemsnyder had spoken to Jon Brayshaw, the First Selectman of Middlefield, where a skate park is located, and he said that they love the park. Norman will reach out to Parks and Rec.

4. ~Old Business
a. Boathouse / Hains Park Improvements – Update
Selectman Sibley reported that since the Town meeting in October where funds were approved, the draft plans have been converted to an actual set of drawings, stamped by a PE. These were handed over to the Town’s Fire Marshall and Building Official. The meeting last Thursday included the Fire Marshal, Building Official, the Architect, Chair Paul Gianquinto, John Rhodes and Bonnie Reemsnyder.

First Selectwoman Bonnie Reemsnyder noted that it was the first time the actual building documents were submitted, which is early in a project. Plans are reviewed usually when after a contract is signed.  But they worked hard to get the documents to the officials before going to contract for review the in order to prevent going over budget and to minimize or eliminate change orders, because it is a town project. The meeting went very well because our Building Official, John Flower, was able to go through calculations (e.g., wind loads), and the engineer who developed the plans and John were on the same page, with slight changes made.  
However, Region 18 determined that the boathouse is an educational facility, and the code requirements would require an elevator for accessibility to the 2nd floor. This changed things dramatically.


Selectman Sibley noted that the committee had not provided a set of plans to John Flower, before a budget was approved at Town Meeting. John’s comments made to the press were based on plans the Fire Marshal had been issued.  Selectman Sibley and Bonnie have had ongoing discussions with the project partner, District 18, and there was good feedback from John Rhodes. The educational facility component is important and the 2nd floor is the space that becomes a challenge trying to meet all the criteria for an educational facility.  There was a meeting last Friday with Selectmen Reemsnyder and Sibley, representatives of Old Lyme Rowing Association and District 18 representatives concerning a Memorandum of Understanding on the transfer of the building from the District to the Town and the leasing of the building to the District following renovation. The discussion focused on delivering a boathouse that meets the District’s needs of the educational facility, and the findings of John Rhodes, John Flower and Dave Roberge. With the educational component development and an expensive elevator requirement, the bid package sent out last Monday to contractors was pulled.  The committee will look at a plan without a 2nd floor which alleviates some of the educational facility requirements and the need for an elevator. Per the architect this plan should reduce the overall cost. He stated that there is good collaboration going on between the District, the Town’s Building Official and Fire Marshall, the architect, and the engineer. His conversations with the Architect and Building Official last week lead him to believe that there may be accommodation for some things on the first floor, there will be no stairs, and the lower overall height will reduce wind shear load. He is pleased with the progress being made.

First Selectwoman Reemsnyder acknowledged citizen comments, including those made by Nancy Hutchinson because these caused some to take another look. Particularly the agreement the District because the agreement they were looking was not for an educational building but was to continue the existing agreement of 30 years. The point was made that residents are listened to.

She continued that these developments have changed somewhat the Memorandum of Agreement. The Board of Education and Old Lyme Rowing Association are working on their Agreement to tighten up their relationship, the liabilities and risks. The District is planning to subcontract out the management of the building to Old Lyme Rowing Association.  Our Agreement with the District will reflect that arrangement. The final draft of the Memorandum of Agreement is being reviewed by the lawyers and should be ready for approval by the Selectmen by December. ~Selectman Nosal shared a similar boathouse arrangement partnership in Wisconsin with the Selectmen. She asked for clarification concerning the educational requirement of the building. First Selectwoman Reemsnyder explained that as the District is the lessee and students are present it is considered an educational building under the code. Subcontracting the management will limit the requirements of District supervision to the times there is a program there. Selectmen Nosal asked for a recommendation about the Town Meeting presentation in which a different boathouse design was presented. The First Selectwoman said the meeting was for allocation of funds so we don’t need to have another Town Meeting and we expect the new design to be less costly. But, the developments mean we will not get this done before the beginning of next season so there is time to reach out prudently to Boards and Commissions and hold public informational sessions to update the public. However, if there were extra funds, we would consider a Town Meeting to allocate those funds to other aspects of the project. In response to Selectwoman Nosal’s questions, First Selectwoman Reemsnyder said that storage for kayaks, and bathrooms per the District requirements are still planned for at this point.
Selectman Sibley indicated that John Rhodes requirements for the bathrooms are being shared with the Architect, including line of sight and accessibility.  He reminded all that the District currently owns the boathouse which is 80% Old Lyme.  The relationship between all parties is being tightened up like the arrangements we have at other parks and clubs that use the facility.  Nosal added that the long-term vision is to improve the town assets for residents. Additionally, First Selectwoman Reemsnyder added that the District has changed insurance company’s has led to a reduction in insurance costs for the boats by $7,000.
b. Route 156 Bikeway / Sound View Improvements Public Info Session – Oct. 22 Update
There was a public information session on 22 October to introduce the plan for street parking and the park. Selectwoman Nosal reported on the public information session. The meeting highlighted the preliminary design for the park, restrooms and pedestrian enhancements for Hartford Avenue. The improvements will connect the Old Lyme community via an on-road bike way from the Baldwin Bridge at Route 156, east to Hartford Avenue and south to a scenic park with restrooms. The Power Point presentation and a rendering of the project will be put up on the website shortly. The engineers from BSC Group, provided the various options and analyses for Hartford Avenue from Bocce Road to the park. Additionally, a proposed rain garden plan to address run off was presented. First Selectwoman Reemsnyder added that the preliminary design for sidewalks allow for utilitarian use and safer pedestrian traffic. A requirement of the DOT enhancement grant is to hold a 30% of preliminary design meeting for the public to reach consensus from the community on the plan.  The consensus to continue will allow engineers to complete the design and specifications needed for bid. The next Committee meeting will be on 25 November at 5:00 PM at Town Hall. If anyone has any comments or questions, they should email~soundviewimprovements@gmail.com. Questions will be shared with the engineers.

c. Recycling Incentive Committee – Update
First Selectwoman Reemsnyder reported that there was a meeting on 29 October of the Recycling Incentive Committee where Board of Finance and Board of Selectmen members were invited to attend. A presentation was given by Kristen Brown who has been a consultant on solid waste and recycling in many countries for many years and currently works for Waste Zero. This is the company that provides services to communities that are looking to do pay as you throw or unit based pricing solutions. Selectwoman Nosal gave a review of the meeting. Kristen was referred to us from the DEEP. She will assist the DEEP in the next round of grants to assist about 4 towns implement a Pay-As-You-Throw or Unit Based Pricing program. Waste Zero provides the bags and manages the administrative road blocks to implementation from public outreach to managing the bag supply. She was adamant that we would see about a 40% improvement in recycling rate and savings could be used to offset the costs of the waste management budget or given bag to the community. Gary Yuknat, our hauler was present and was supportive and Kristen’s presentation was well received.

First Selectwoman~Reemsnyder added that Kristen’s data indicates that using this system, within you will see compliance within 2 weeks of implementation. Additionally, many people have commented that charging for bags is another tax. Kristen suggested a rebate based on the revenue generated from the sale of bags so people would see the savings in their tax bill. Andy Russell, Chairman of the Board of Finance suggested we show how the income from the bags offsets the cost of trash management.  She felt that Gary is more supportive because he has seen a lot of non-compliance in town e.g. yard waste in the carts.  So he may visit a town which has implemented the program.  Also, enforcement will be considered. This is a turn-key solution and includes a web site for the town. Bags will be provided with written instructions which will be helpful for renters.

Selectman Sibley asked about the revenue estimate from the sale of bags which will offset the solid waste component of the budget.  First Selectwoman Reemsnyder indicated that eventually people will buy fewer bags, become more efficient recyclers and perhaps add composting, so that revenue will decrease but tipping fees will be reduced. However, it is about increasing recycling and reducing waste.

d. New Old Lyme Alerts Everbridge System
First Selectwoman Reemsnyder reported that the Town now subscribes to their own Everbridge System where reverse 911 calls or reverse urgent calls can be made. It will allow the Town the flexibility to reach out to people on a Town wide basis or a neighborhood or group basis based on certain parameters. People will need to register to receive notifications from Old Lyme Alerts. Postcards have been made up for residents to fill out and available at the polls, Town Hall, the Library and future events. The goal is to populate the database with residents and short-term residents. Reemsnyder thanked the Community Service Club at the High School who is also working with Lynn Farrell of the Kiwanis Club. People may also sign up online on the Town website under Old Lyme Alerts.

e. Water Resources Committee
This item was discussed earlier in the Agenda.

5. New Business
a. Norman Main Request for Eagle Award Project
This item was discussed earlier in the Agenda.

b. Upcoming Appointments
The Selectmen will be making appointments to Town Boards and Commissions in late December and January. Letters have gone out to those who are already on Boards and Commissions asking if they wish to continue or not. There are vacancies, and if anyone is interested in serving please see the Town Website for openings.

6. Public Comment
Nancy Hutchinson thanked the BOS for the job they are doing. She suggested expanding the membership of the Boathouse / Hains Park Improvement Committee. Over the past month a lot of changes have been made regarding the project and there are people in Town who have worked with STEAP grant funded projects over $500,000. She noted that most everyone on the present Committee is a rowing coach and that it would be beneficial to have input from people with experience in other areas e.g., in STEAP grant projects, working with the State, adding experienced contractors on the committee, people who know what it is like to work with Park and Recreation, to get more stake holders on the project. Now that there is more time, she would like the Committee to be expanded to include some new members and volunteered to help bring people in. There are people who support the project and want it to be done in the most professional way possible. She added that she would say that the current committee does not have concrete, fundamental experience of managing this kind of complex project, so we should help them out.

First Selectwoman Reemsnyder thanked Nancy for her emails and for coming tonight and stated that the Selectmen could certainly discuss this at their next meeting. Selectman Sibley stated that when the Committee was formed they reached out to the Community for members and seven members were chosen. He added that not all the members are rowing coaches and that the members do bring different strengths to the table e.g. VP of O&G, the chair is from Gilbane Construction, the former athletic coach for District 18. Sibley noted that a community member who was contracted for Town Woods has offered to consult on value engineering the project. Bonnie has managed the STEAP grant communication with the State well. He said we are now designing to the satisfaction of the District and to meet the town official’s needs.  There was a discussion about Nancy’s emails to the Town regarding the project.  Reemsnyder indicated that the standard is for the Building Official to see the building documents later in the project, and the early documents were specifically for the Fire Marshal.  Given the challenging rowing schedule, the committee worked hard to get documents to the Building Official. The committee understood that no contract would have been awarded without knowing that what was in the contract met the code, and that the project could not go over budget.  Due to the new code requirements we have time and new documents will be made available to the Building Official.  The Selectmen will speak to the Committee about Nancy’s suggestion for expanding the Committee and the BOS will consider it as they make the decision.  Bonnie added that she is having a conversation with the State on the bidding process.

Tim Griswold asked who the attorney is that is working with the Building Committee or the Town on the Hains Park Boathouse project. It is the Town Attorney at this time. Tim stated that this project is complicated and with previous Town building projects, the Town had a specialty Attorney who meticulously put together the documents that were presented to the contractors, thus preventing a minimum of changes or disagreements. He stated that it is critical that an Attorney be engaged immediately before any new things happen. With the project changing i.e. no second story to the boathouse, the Town approved money for the project they thought they would see. The Townspeople need to be apprised of any changes. He encouraged another meeting with the Townspeople to review the changes.

Selectman Sibley responded to Tim’s concerns assuring him that this is pretty straight forward and nothing that the Town’s Attorney can’t handle, but it would not hurt to run it by a specialty attorney to make sure nothing was missed. There was an update made with the DEEP about the project changes and the Town did receive an official letter acknowledging and approving the changes. There will be a Public Information Session to inform the Townspeople about the changes.

7. Other Business
First Selectwoman Reemsnyder stated that she had received notice from the Town’s Finance Director, Nicole Stajduhar that she is leaving her job with the Town and moving on to another position in another Town. She will leave on 14 November and has offered to help with the transition to the new Director. A Committee will be formed to find a new Director which will include Andy Russell and First Selectwoman Reemsnyder. Randi Frank Consulting will help with the process.

Selectwoman Nosal stated that she had the opportunity to go with Diana Atwood Johnson to Hartford. Ms. Johnson chairs the Natural Heritage Open Space and Watershed Land Acquisition Review Board. ~One of the group’s many responsibilities is to recommend grant opportunities to the DEEP. One of the discussions was where we are in the grant allocations. Late last week the Town of Old Lyme Land Trust was named a recipient of  $162,500 Grant to preserve 40.76 acres of land on 106 Four Mile River Road in Old Lyme.

First Selectwoman Reemsnyder stated that she had mentioned many meetings ago that the Town was working with East Lyme on an application to do a joint land use study. This is through the Department of Defense where a study will be allowed to be done on land that borders a military facility. The Grant was approved and allows us to work with the Zoning Boards to look at whether or not there are any zoning recommendations for the lands around Stone’s Ranch which is located in Old Lyme and East Lyme. By doing this study, based on the recommendations, there may also be grants available in the future purchase of land around those borders. It will take about fifteen months to complete the study.

The next Board of Selectmen's Meeting is scheduled for Monday, 17 November 2014 at 7:30 PM.

8. Executive Session – NONE

9. Adjournment
Selectman Sibley moved to adjourn the meeting at~9:37 PM. ~Selectwoman Nosal seconded the motion. ~SO VOTED.

Respectfully submitted,
Mary Ellen Garbarino
Recording Secretary