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Board of Selectmen Minutes 09/08/2015

BOARD OF SELECTMEN
Special Meeting Minutes
8 September 2015

The Board of Selectmen held a Special Meeting at 4 pm on September 8, 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.

First Selectwoman Reemsnyder said this rescheduled meeting was taking place at 4pm due to the Town Meeting scheduled for 7:30pm.

Approval of Minutes:  17 August  2015; 27 August 2015 Special Meeting
Selectwoman Nosal requested the following correction to the minutes of 17 August under 4a. Boathouse Hains Park Improvement Update, paragraph 5 - last sentence should state basketball court (singular), not courts.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to approve the minutes as amended. Motion passed.

Selectwoman Nosal requested that the 27 August Special Meeting minutes be corrected under 3a.  Approve the Call of a Special Town Meeting to indicate that grant funding for the Black Hall River and Four Mile River Navigation Channel Dredging Projects was from the State Department of Transportation, not the DEEP. First Selectwoman Reemsnyder said the Meeting Call had been corrected, but the meeting minutes should not be amended.
A motion was made by Selectwoman Nosal, seconded by First Selectwoman Reemsnyder, to approve the minutes. Selectman Sibley abstained because he was not in attendance at the meeting. Motion passed.

Communication:  None

Appointments: Joseph Carpentino (D) – WPCA Alt. – 4 yr. term exp. Jan. 2017                              A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to appoint Joseph Carpentino to a 4 year term as an alternate on the WPCA to expire Jan 2017.  Selectman Sibley asked if, and First Selectwoman Reemsnyder confirmed that, the WPCA chair had been contacted about appointment. Motion passed.
        


Old Business:
Boathouse Hains Park Improvements Update
There has not been a committee meeting since the last update.
The regular committee meeting is scheduled for this Thursday. Selectman Sibley said the BHPIC co-chairs are in contact with the architect to determine if drawings and cost estimates can be available for the meeting. If not available, the meeting may be cancelled.
Selectwoman Nosal asked if there are two options under consideration and if there is a possibility of a third option.
Selectman Sibley confirmed that Options a and e are under consideration by the BHPIC.
One includes a flex space for lockers and a changing room in the Boathouse. The other would require the flex space to be included in the new Bathhouse. He expects to see the committee select a modified a or e, not a third option.
Selectman Sibley also verified that the committee was hoping for construction to begin this fall.

First Selectwoman Reemsnyder concurred that, since the BHPIC has requested estimates on the two options only, they are most likely to vote to move forward with one of those options.

Rte. 156 Bikeway/Sound View Improvements
Selectwoman Nosal stated that there has not been another meeting since the last BOS meeting.  No decision has been received from the DOT yet. She has contacted DOT liaison David Head but hasn’t heard back. The next Rte. 156 Bikeway/Sound View Improvements committee meeting is scheduled for September 15 at 4:30pm.

WPCA/Administrative Order Update
First Selectwoman Reemsnyder received a reply from Denise Ruzicka of the DEEP regarding her request for an extension of the deadline for submission of the EIE (Environmental Impact Evaluation). The deadline has been extended to October 30, 2015.
First Selectwoman Reemsnyder has been working with the Woodard & Curran project manager to reply to DEEP project comments and submit the required EIE. She received written confirmation from Woodard & Curran that they will respond to DEEP comments, submit the EIE to the DEEP, and respond to DEEP comments on the EIE using data already obtained with no additional charges to the Town. Additional charges will only be incurred if additional work is required and those costs, if incurred, would be negotiable.
First Selectwoman Reemsnyder said she has shared the information with Board of Finance Chair Andy Russell.
Selectwoman Nosal asked if the Town’s EIE can be compared with the EIE from the three private beach associations.  First Selectwoman Reemsnyder said the beaches have not yet completed their EIEs and, per Denise Ruzicka, will be submitting one EIE on behalf of all.
Selectman Sibley asked if Woodard & Curran think there is enough time to complete the work by the extended deadline of 10/30. The First Selectwoman clarified that the deadline does not include DEEP comments to the submitted EIE, and Woodard & Curran have indicated that the allotted time will suffice.

Selectman Sibley referred to a letter (attached as part of these minutes) given to the Board of Selectmen by WPCA member Dimitri Tolchinski. The letter from the DEEP to the First Selectwoman is dated August 14, 2014, and refers specifically to additional costs for a waste management study amendment of $77,450.80.
He said the letter was copied to the WPCA Chair and project engineer David Prickett, but the content of the letter was not shared at a WPCA meeting. Selectman Sibley believes the letter is an important document which indicates that someone knew additional costs were being incurred before February 2015, when the Board of Selectmen received a letter from Mr. Prickett.
First Selectwoman Reemsnyder said she has shared the 8/14/14 letter with the Board of Finance attorney. She does not recall receiving the letter and does not have a copy of the letter in her files. She believes it was an attachment to an email.

Special Town Meeting, tonight at 7:30 PM
Approve $1,614,074 for dredging of Black Hall & Four Mile Rivers
Approve $63,000 for Emme System
There will be brief presentations on both Town Meeting agenda items. The Black Hall and Four Mile River dredging project would be funded 100% by a grant from the State DOT.
Selectwoman Nosal said information on the Emme HVAC system is available at www.getemme.com.
Selectman Sibley said the Regional District 18 Superintendent and Facilities Director are planning to attend the meeting to see the Emme system presentation.

JLUS Public Workshop Reminder, Sept. 14, 6:00 PM @Camp Niantic
First Selectwoman Reemsnyder reminded the selectmen about the public meeting that will take place September 14, 2015, 6-8pm at Camp Niantic.  Town boards & commissions have received information about the study, and reminders will be sent as well. She said the Joint Land Use Study will consider multiple factors, including air quality, coordination of communication, housing, and anti-terrorism. Recommendations could include changes to zoning regulations. She mentioned the need for buffer zones between military facilities and residential zones to minimize impact on neighbors.
Selectman Sibley asked if the study could result in open space opportunities. First Selectwoman said if the recommendations include open space provisions that would open the door to grant funding options for land purchase.
She confirmed that she has been attending meetings of the JLUS Policy subcommittee, and ZEO Keith Rosenfeld has been attending Technical subcommittee meetings. All are public meetings.

New Business:
Amendment to MIRA Agreement
First Selectwoman Reemsnyder reminded the Selectmen that the Town’s current contract with MIRA includes a requirement that incremental costs will be borne by the towns. These unanticipated costs cause budgetary problems for the towns. MIRA has recently secured Interruption of Business Insurance that should protect the towns from at least some incremental costs. This change requires amendment to the current contract. The First Selectwoman has received positive feedback on the amendment from the Finance Director and from Lyme First Selectman Ralph Eno, who serves on the MIRA Board. She is waiting for a response from the Town Attorney. RiverCOG has also offered to contact their attorney for feedback.
The information she received from MIRA includes references to a force majeure, and the Selectmen discussed what might constitute such an event. Selectmen Sibley said in his experience, it typically refers to a natural disaster. First Selectwoman Reemsnyder will clarify what is meant by the phrase as used by MIRA.
The Selectmen can authorize the First Selectwoman to sign the amendment pending positive feedback from the Town Attorney, or opt to wait until the next meeting to authorize.
A motion was made by Selectmen Sibley, seconded by Selectwoman Nosal, to authorize the First Selectwoman to sign the amendment pending positive feedback from the Town Attorney. Motion passed.

Halls Road Improvements Committee Charge and Appointments
First Selectwoman Reemsnyder said she hopes the Selectmen will consider moving forward with a Halls Road Improvements Committee. The Town has unsuccessfully applied for three grants that would have provided seed money for a Halls Road Improvement committee. She shared a draft Committee charge and appointee list with the Selectmen.  Requests for appointment have been received from 16 interested parties. She has consulted with the MCCD (Mentoring Corps for Community Development), and their recommendation is to appoint all who are interested and form a smaller executive committee charged with decision making. One question is if the executive committee would be appointed by the Board of Selectmen or selected/voted by the larger committee.

The Selectmen discussed details of the committee charge. They concurred that the charge must be clear that the committee will recommend all actions to the Board of Selectmen, or make decisions with the approval of the Board of Selectmen. They agreed to add a requirement for interaction with RiverCOG as appropriate, and suggested rephrasing a reference to Avenue of the Arts to broaden the connection to the community.
First Selectwoman Reemsnyder will edit the draft accordingly and send a revision to the Selectmen.
Selectman Sibley suggested having an initial discussion with DOT liaison David Head because Halls Road is a state road and it will be important to have input from the State DOT. First Selectwoman Reemsnyder suggested that she reach out to Jean Davies of RiverCOG for guidance on working with the DOT.
Selectman Sibley expressed concern that volunteers might find an executive committee off-putting. Selectwoman Nosal disagreed, and stated it would be nice to have a committee large enough to have subcommittees.  She also suggested including a budget for a meeting clerk.

First Selectwoman Reemsnyder will discuss the possibility of an executive committee as well as the size of the committee with the Town Attorney. She said the committee should include representation from Zoning, the Economic Development Commission, and the Boards of Selectmen and Finance. She will send the actual appointment forms received from potential members to the Selectmen. The charge can be approved and appointments made at the next Board of Selectmen meeting.

Solid Waste Recycling Review Committee Charge and Appointments
First Selectwoman Reemsnyder said there are three applicants for a new Solid Waste Recycling Committee. She would like to see at least five.
The Selectmen reviewed a draft charge and changed the language on item #2 to “investigate all means of waste management and waste reduction.”  They wanted to make sure PAYT (pay as you throw) was not excluded.
The Selectmen concurred with Selectman Sibley’s suggestion that the Public Works Director and Transfer Station manager be included as ex officio members of the committee.
They discussed the need for enforcement and noted that the committee would be charged with making enforcement recommendations to the Board of Selectmen because the Town Ordinance will need to be amended with the enforcement details.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to approve the charge as amended. Motion passed.
First Selectwoman Reemsnyder will contact the three applicants: Thomas Gotowka, Brenda Moriarty, and Leslie O’Connor to confirm that they are still interested in serving on the committee. All were members of the Recycling Incentive Committee. The Selectmen will look for additional members who are familiar with contracts and/or solid waste.
Appointments to the committee will be made at the next Board of Selectmen meeting.

Congratulations RDS #18 on Newsweek designation
First Selectwoman Reemsnyder congratulated Regional School District #18 on their inclusion on the Newsweek list of the best schools in America. They were designated 5th in the State of Connecticut.

Public Comment:  None

Other Business:
Selectman Sibley said that public input on the Sound View Bike Path project reminded him of the need to make anti-blight efforts a priority. He requested an update from the First Selectwoman.
First Selectwoman Reemsnyder met with the Building Official, Fire Marshal, Sanitarian, and Zoning Enforcement Officer in the spring to discuss blight enforcement. She said that each official handles blight reports differently and none can exceed individual authority. She said the Town needs to look at how complaints are handled and she plans to meet again with the department officials to discuss enforcement. She believes this is the most efficient approach.
Selectman Sibley asked that blight enforcement be included on a future agenda.

Selectman Sibley would like a joint Board of Selectmen/Finance meeting dedicated to Financial Policies to be scheduled. First Selectwoman Reemsnyder suggested asking the Finance Director to attend the next Board of Selectmen meeting. Selectman Sibley believes a separate meeting is needed so the Policies can be finalized before the new budget season begins.
The First Selectwoman asked the Selectmen to review the draft policies. She will review them with the Finance Director and discuss the idea of a joint meeting.

Executive Session:  None

Adjournment:  A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to adjourn at 5:49 pm.


Catherine Frank
9/9/2015