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Board of Selectmen Minutes 08/03/2015

TOWN OF OLD LYME
BOARD OF SELECTMEN
Regular Meeting Minutes
3 August 2015

The Board of Selectmen held a Regular Meeting at 7:30pm on 3 August 2015 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:       20 July 2015; Special Meeting 27 July 2015
Selectman Sibley requested the following addition to the minutes of 20 July 2015 under Other Business:
Selectman Sibley noted that a transfer of the septage transfer station would include assets/equipment, as well as license and permit responsibilities. First Selectwoman Reemsnyder added that the Town would bear the cost if the facility is not transferred.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley to approve the minutes as amended. Motion passed.

Selectman Sibley requested the following addition to the minutes of 27 July 2015 under 2. Hearing for Step 2 on Police Grievances- Grievance 2015-9: Questioned by Selectman Sibley on the timing of phone calls, Officer Heinssen confirmed that he was offered the new Private Duty assignment when he phoned in to report that the initial assignment had been cancelled.
Selectwoman Nosal requested the following addition to the minutes of 27 July 2015 under 3. Review State Police Contract: last paragraph – Attorney McHale said he had received Selectwoman Nosal’s comments on the proposed Contract.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal to approve the minutes as amended. Motion passed.

2.   Communication:  None
    
3.    Appointments:  None

4.   Old Business:
a. Boathouse Hains Park Improvements Update
Selectman Sibley reported on a special BHPIC meeting that took place last Thursday to discuss two possible options. One option includes a provision for changing rooms and a flex space, but would require code modification approval from the State. Building official John Flower was following up with the State.

The Committee wants to understand the possible cost differences between the two options under consideration before making a final recommendation, and has solicited estimating rates from several cost estimators. One proposed $2500 and a one week timeframe. A second proposed $4000 and could not do the work until mid-August. A local contractor offered to estimate the options at no charge. The Committee authorized an expenditure not to exceed $2800 for cost estimates on the two design options.

The next regular meeting of the BHPIC is scheduled for Thursday, August 13 at 7:30pm.

First Selectwoman Reemsnyder asked that the options under consideration be posted to the Town website. Selectman Sibley will follow up through the Committee co-chairs. The First Selectwoman asked if a recent site walk had been discussed at the meeting. She also suggested scheduling a Public Information meeting to present the changes to the project. The site walk, which considered the possibility of a pavilion at Hains Park, will be discussed at the 8/13 meeting.

The First Selectwoman attended a recent River COG meeting at Parmalee Farms, a town park in Killingworth, and will share photos with the BHPIC.

Selectman Sibley said the BHPIC will need to revisit Land Use boards for approvals because design options have changed. He anticipates a two part project with the STEAP funded Boathouse component(s)
to be completed first and a second, Town-funded, phase including a bath house upgrade and Pavilion to follow. The Town-funded phase will not include a prevailing wage requirement. In response to a question from Selectwoman Nosal about the docks, Selectman Sibley said the docks were replaced using donated funds, and $10,000 remains from private donations received to date.

A motion was a made by Selectwoman Nosal, seconded by Selectman Sibley, to move up 5a. New Business – Emme System/HVAC in the agenda order. Motion passed.

5a. New Business – Emme System/HVAC
First Selectwoman Reemsnyder reminded the Selectmen that a presentation about the Emme system was made several months ago. It is anticipated that the system will be more efficient and may provide some cost savings over the system currently in place at the Town Hall. Replacement of the Town Hall HVAC system was initially included in Capital Budget requests for the current year, but the Board of Finance asked that funding for an HVAC system be made through a new Town Building Improvement Fund.
If they approve, the Board of Selectmen will need to recommend appropriation through that fund to the Board of Finance.
Jon Brodeur summarized that a new Emme system will use the Town Hall’s existing nine air handler units
in conjunction with inflatable dampers in every duct run and a sensor in every room. The system is expected to reduce current room to room temperature variances from 20 to 3 degrees, and provide potential energy savings of up to 40%. Access to the system is through a free building management system portal.
An optional $9,000 upgrade would eliminate spikes in electrical consumption and avoid higher demand charges.
Selectman Sibley ascertained that the $9,000 upgrade is recommended and that it could be added at a later time if it is determined that the Town’s current negotiated electrical rate does not include the demand charges.
Selectwoman Nosal requested references and confirmed a three week installation timeframe, three year warranty, and that training on the system is provided at no additional charge.
Mr. Brodeur will share his Power Point presentation with the Board.
The First Selectwoman has alerted the Board of Finance that the Board of Selectmen may make a recommendation about the new system. Selectman Sibley suggested waiting for references and considering a recommendation at the next Board of Selectmen meeting



4b.Rte. 156 Bikeway/Sound View Improvements
Selectwoman Nosal reported that the Route 156 Bikeway Committee met earlier in the day. A preliminary design from the BSC Group to the DOT is due this week. The DOT needs to review the design and agree that the project is ready to move forward. That process could take one week or one month.
Route 156 Bikeway Committee members are working on a summary response to the comments received following the Public Information Meeting. When completed, the response will be posted to the Town’s website under Current Projects, as suggested by DOT liaison David Head.
First Selectwoman Reemsnyder is drafting a letter to the DOT liaison which will go out this week.

c. WPCA Update
First Selectwoman Reemsnyder reported that the Board of Finance has selected an attorney to conduct an inquiry into the WPCA’s over expenditure on the wastewater project. Two meetings ago, the Board of Selectmen discussed their wish to work collaboratively with the Board of Finance. A letter of engagement will be signed by both the First Selectwoman and the Board of Finance chair after it is reviewed by the Town Attorney and the Finance Director. The First Selectwoman expects the process to be underway by the next Board of Selectmen meeting.
In addition, the First Selectwoman met with WPCA member Dimitri Tolchinksy to discuss his contention that the Scope of Work for the Wastewater Management/Clean Water Funds study included all aspects of the study and no additional fees should have been charged. She thinks the contention is worthy of follow-up and has reached out to the engineers for comment. The next WPCA meeting is scheduled for September.

Selectwoman Nosal stated that the engineers have always been forthcoming and she believes the follow-up will be worthwhile.
Selectman Sibley stated that he encouraged Mr. Tolchinsky to pursue the matter after he brought it up during Public Comment. He asked the First Selectwoman to inform the WPCA of her actions.

d. Midsummer Festival
First Selectwoman Reemsnyder described the free Friday night concert that kicked off the Midsummer Festival as a wonderful community event. She thanked the Police, Ambulance and other Public Safety officials for their assistance with the 5K run on Saturday morning. Selectman Sibley participated in the race.
She also acknowledged the efforts of the Fire Marshal, who spent the day overseeing the staging of fireworks, Ambulance volunteers, Public Works, the M&J Bus Company for donating a shuttle bus for the fireworks, and Amy Winninger who volunteered to drive the bus. Thank you letters have gone out to those who assisted with the Festival and Fireworks. She commended the Midsummer Festival committee for organizing the event, a job that begins in October of each year.

e. Update on Resident Trooper Contract
First Selectwoman Reemsnyder has received a draft letter from Attorney McHale which states the Board of Selectmen’s concerns with the proposed new contract. As discussed at the July 27 Special Meeting, the First Selectwoman will send the letter to the State, expressing concerns about sections on Assignments, Reports and Records, Chain of Command, Administrative Responsibilities, Evaluation, and Indemnification.
Attorney McHale advised that the Selectmen must also notify the State of any conflicts between the proposed contract and the Town’s contract with local Police.

Selectman Sibley reminded the First Selectwoman of his suggestion to also notify CCM and local legislators, State Senator Formica and State Representative Carney, of the town’s concerns.

5 b.  New Business:
Rogers Lake Management Plan Report
The First Selectwoman has received a three year lake management plan from New England Environmental. The three year plan reiterates NEE’s plan to use an herbicide on targeted areas of Rogers Lake. Hydro-raking of pond lilies is also recommended, as is a continuation of water quality monitoring.
NEE suggests revisiting the management plan annually based on herbicide and hydro-raking test results.
First Selectwoman Reemsnyder has asked project manager Scott Fisher if there should also be sediment or soil testing in the areas where the herbicide is applied. It is possible the DEEP may require that testing.

The First Selectwoman believes the management plan offers an opportunity to plan ahead for budgeting purposes. She plans to ask for quarterly reports initially, and then annual reports, and will present the plan to the Rogers Lake Authority before having it posted on the Town website.

In response to a question from Selectman Sibley about a possible additional cost of $9,000 for a survey, the First Selectwoman said she is waiting for a cost reconciliation from Scott Fisher. As long as the final cost is within the approved budget, additional approval will not be required, but she will advise the Board of Finance of the status.
She will add the Rogers Lake Management Plan Report to the agenda of the 8/17 Board of Selectmen meeting.

Citing the lake’s unique biodiversity, Selectwoman Nosal would like to see a plan for educating the public on good lake management techniques. She also suggests clarifying the role of the Rogers Lake Authority with regards to management of the lake.

First Selectwoman Reemsnyder said that George James of the Conservation Commission has suggested conducting an EPA Watershed Study in the area surrounding the lake to determine the impact of runoff. Study results could lead to preventative actions. The cost estimate for the study is $65,000 and is something to consider budgeting for in the future.
She confirmed that the plan is for the Rogers Lake Authority to take the lead role in lake management.

Selectman Sibley said the Board of Selectmen has done what it promised, and commended the Rogers Lake Weed Committee and the consultants for their work. He concurred that the Rogers Lake Authority needs to take leadership as articulated by Statute.

A motion was made by Selectwoman Nosal, seconded by Selectman Sibley to add: Appointment of Sub Registrar under New Business. Motion passed.

c. Appointment of Sub Registrar
First Selectwoman Reemsnyder said the Town Clerk is the Registrar of Vital Records. Town Clerk Eileen Coffee has asked the Board of Selectmen to approve the appointment of John D. MacDougal of the Byles Funeral Home as a Subregistrar of Vital Records. Subregistrars are able to issue burial and cremation


permits and make sure they are recorded properly when the Town Clerk’s office is closed. Two associates from Fulton Theroux are also Subregistrars.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal to approve the appointment of John D. MacDougal of the Byles Funeral Home as a Subregistrar. Motion passed.

6.   Public Comment:
Dimitri Tolchinski, member of the WPCA, distributed a summary illustrating why he believes there should be no charges other than the original Clean Water Study approved amount, from the engineers who performed the Clean Water wastewater management study. He compared the timeline and contract of the Town’s contracted study with a similar study contracted by Old Colony Beach.  He said the WPCA was misinformed by its engineers that the study was complete – the study is not complete until the State says it is done.
He gave the First Selectwoman a letter he wrote in 2014 commending the Board of Selectmen for taking action to deal with pollution at the shoreline.
He suggested that the Rogers Lake study should include checking for pollution from septic systems.

First Selectwoman Reemsnyder responded that septic system and well records from Rogers Lake properties have been checked and no problem was detected. She agrees that there should be monitoring and added there are no plans to sewer Rogers Lake.


7.   Other Business:    
First Selectwoman Reemsnyder reported on repair of the Academy Lane Fire Dock. She met earlier in the day with Tom Schellens, who presented an alternative plan for fire protection, utilizing the fire dock at Ferry Road. She has shared his suggestion with engineer Keith Neilson of Docko, consulting engineer Tom Metcalf, and Old Lyme Fire Department Chief Tom Risom.
An RFP (request for proposals) should go out this week, and a mandatory pre-bid meeting will be scheduled. Funding for the project will have to be approved at a Town Meeting at the end of September.
The Board of Selectmen will need to recommend it to the Board of Finance asap.

A September Town meeting could also include presentations on the Boathouse and Route 156 Bikeway projects. Selectman Sibley suggested that a septage transfer ordinance requiring haulers to continue providing data to the town might also be included in the Town Meeting.

Selectman Sibley referenced earlier discussions of a White Sand Beach request for Town funding support of a road repair at the May 18 and July 20 Board of Selectmen meeting(s). He said there was no discussion of the request at the Board of Finance June meeting, and he was not surprised that the Board of Finance had not approved Town funding for the project at their July meeting. He reiterated that he had voted against a motion to recommend funding because the request had not followed the budget process and procedures. He believes the Board of Selectmen needs to be more respectful of the process. First Selectwoman Reemsnyder said she had shared information with the Board of Finance chair and wanted to bring feedback from the Board of Selectmen to the Board of Finance.

Selectman Sibley has rekindled some connections in an effort to secure new mikes for the Meeting Hall that will address ongoing audio issues.



Selectwoman Nosal asked if the First Selectwoman has received confirmation that a proposed event at Lennys on the Beach on August 22 is an official UConn event. First Selectwoman Reemsnyder said the Resident State Trooper was contacting Lenny’s for confirmation.

Selectwoman Nosal announced the last Sound View concert of the summer season takes place this Thursday and features the Red Satin Band. Sound View Commission chair Frank Pappalardo is a member of the band.
She said she was pleased to see a notice that the Town’s Social Services office is requesting school supplies donations. First Selectwoman Reemsnyder commented that 266 families are currently registered with Shoreline Soup Kitchens. The Town’s Holiday Giving program, administered through Social Services, the Senior Center, and the LYSB, now serves 40+ families. The program used to serve a dozen or so.


8.   Executive Session: None     

9.   Adjournment:  A motion was made by Selectman Sibley, seconded by Selectwoman Nosal to adjourn at 9:28 pm.




                        

Catherine Frank
8/5/15