TOWN OF OLD LYME
BOARD OF SELECTMEN
Regular Meeting Minutes
November 16th, 2015
The Board of Selectmen held a Regular Meeting at 7:30 pm on November 16th, 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 asked the board to make a motion to move 5a from the agenda, C-PACE Program – Nicholas Zuba, to the top of the meeting. Moved by Selectman Sibley, seconded by Selectwoman Nosal. Motion passed.
5. a. C-PACE Program – Nicholas Zuba
First Selectwoman Bonnie Reemsnyder stated that Nicholas contacted her because someone was interested in starting the process for the C-PACE program, and it would involve action by the BOS, so she invited him to the meeting to explain what the C-PACE program is.
Nicholas Zuba, Manager of C-Pace, stated he will explain how CT Green Bank, and the C-PACE program could benefit Old Lyme as well as commercial business owners, and property owners, to make themselves more energy efficient. He explained that CT Green Bank is a quasi-public state agency that was created in 2011, founded to solve 2 issues, 1) deploy as many clean energy and energy efficient projects as possible, to help reduce energy consumption, and 2) take away the upfront cost that would prevent them from making such improvements. Green Bank started funding these projects themselves to spur the market, and then worked to leverage capital from the private market to continue to grow. They would work with these sources of funding to provide
financing tools that can help businesses become more energy efficient. C-PACE, Commercial Property Assessed Clean Energy is a program that is helping commercial and industrial property owners’ access affordable, long-term financing for smart energy upgrades to their buildings. C-PACE would help provide 100% upfront financing to building owners. They do this by financing qualifying energy efficiency and clean energy improvements through a voluntary assessment on their property tax bill. Property owners pay for the improvements over time through this additional charge on their property tax bill, and the repayment obligation transfers automatically to the next owner if the property is sold. Capital provided under the C-PACE program is secured by a lien on the property, so low-interest capital can be raised from the private sector. Green Bank would help the town by providing $500 for lien filing fees and on top of that pay for setup costs to make C-PACE compatible
with the existing tax collecting system. They currently have 89 projects within their program that have closed, and have deployed $54 million dollars in clean energy financing. 61 % of their projects are renewable energy, 21% energy efficiency, and 18% comprehensive projects. They have worked with 112 municipalities in the state.
First Selectwoman Bonnie Reemsnyder stated that the 1st Congregational Church did express interest in taking advantage of the C-PACE program. She stated that in order for the town to be a part of the program, the BOS would have to pass a resolution.
Selectman Skip Sibley asked how the program would work in regards to the church, since they don’t pay property tax.
Nicholas Zuba replied that the town would assign a dummy property tax number to them, and send them an invoice every 6 months.
Skip Sibley asked what happens if the entity were to default on a payment?
Nicholas replied that it is Green Bank’s responsibility to try and collect payment.
Skip recapped that the town’s responsibilities include: collecting the money, earmarking those funds, cutting a check twice a year, and repaying the bank for that.
Nicholas stated that the town would also put a lien on the land record.
First Selectwoman Reemsnyder asked what the process would be for the business. Would they go through an application process? Who decides on the length of the repayment schedule?
Nicholas replied that the business would use their website to find a registered contractor who could do a building audit to find where they could reduce their energy consumption. Then they would go through a prequalification where they ensure that the amount of improvements they want to do on the property would not overleverage the property. They dictate how much financing they could do by the value of the property. Then they work with a 3rd party administrator that vets the projects to ensure that they are going to save the amount of energy that the contractor says it is going to. Next they make sure that the projects will save more money than the business pays out, which is a statutory requirement. Then they go through an
extensive underwriting process that checks the business’ financials to ensure that the business could handle the payments. He stated that the cost of the project, and the amount of savings that could be garnered is what dictates the length of the loan.
First Selectwoman Reemsnyder asked what would happen if a property went into foreclosure 5 or 6 years after they started the program, would the Green Bank be losing if the property was valued less than was owed? Would the Green Bank be second to the mortgage?
Nicholas replied C-Pace is subordinate to municipal taxes, but are senior to other municipal liens such as sewer and water liens. They are also senior to the 1st mortgage. He stated that the C-PACE lien is non-accelerating, and never would the full balance of the loan become due at any earlier time. At the time of the foreclosure, the only amount due would be for that year that they are garnering back, they would not ask for the entire balance due of the loan.
First Selectwoman Reemsnyder stated that a program such as this would help the town with its goal to reach 20% energy efficiency by 2020. That it is not a resolution that they will pass tonight, but they will give it more thought and discussion.
- Approval of Minutes: November 2nd 2015, Special Meeting
A motion to approve the minutes was made by Selectwoman Nosal, seconded by Selectman Sibley. Motion passed.
Approval of Minutes: November 2nd 2015, Regular Meeting
A motion to approve the minutes was made by Selectwoman Nosal, seconded by Selectman Sibley. Motion passed.
- Communication: None
- Appointments: None
First Selectwoman Reemsnyder asked the board to make a motion to move 4e up on the agenda, Soundview Commission Evaluation. Moved by Selectman Sibley, seconded by Selectwoman Nosal. Motion passed.
First Selectwoman Reemsnyder invited Frank Pappalardo, chair of the Sound View Commission to join the selectmen at the table. She recapped that she received a letter from the Soundview Commission in October expressing their view on how the summer of 2015 went (attached). One of the items mentioned was the police and rangers enforcement actions. It stated that the presence of police appeared less, and there was a feeling that it had to do with the changes that were made from previous years. It also mentioned issues with the patrol of the rangers, and them not issuing tickets for alcohol on the beach. She stated that she agreed that there were changes this summer, and they did see a reduction in police officers being willing to take some of
the DUI enforcement issues. She brought data to compare. This summer the amount expended on DUI patrols with the Old Lyme Police Officers were $4,620, compared to the previous year where they spent $19,750. She stated that this wasn’t because they didn’t hire them, but it was because the officers didn’t say yes when they were offered positions. She stated that it did impact the amount they were able to patrol, but more DUI’s were taken by the troopers. She stated, regarding ranger management, the CT State Police expressed concern about having rangers issue tickets for alcohol on the beach due to safety concerns, and she believes that following the State Police’s advice was the right move. She stated that one new process started this year was having rangers fill out a log; she believed that was helpful, and will continue to be helpful in the following years. She stated that another issue that may be complicating things is the
allowance for small coolers to be on the beach. She stated that some people believe that no coolers should be allowed on the beach. She stated that the BOS are willing to meet with the stakeholders, to attend meetings and discuss concerns. She stated that she did receive feedback that things went will for the 4th of July weekend.
Frank Pappalardo stated that Soundview did not feel the same way. Regarding the rangers, he stated that he understands that the State Police want to keep their rangers safe, but believes that they also have to worry about the safety of the general public. He stated that the operating plans need to be developed with the stakeholders, and they need to build upon the successes of the past, and make improvements upon them.
First Selectwoman Reemsnyder stated that there was a change this year, and in many ways it was like starting anew, but now they can build upon it. She stated that data does not support the claim that more bottles were collected on the beach. She stated that every summer has its own personality, and they do not have total control base on factors such as: weather, and types of people visiting.
Frank Pappalardo agreed that Sound View changes year to year, and wants to go through each item in order to formulate a better plan for next year.
First Selectwoman Reemsnyder stated that she will meet with the stakeholders, and plan in advance for the summertime, but cannot guarantee that it will be any better. She stated that they have limited resources, and at most they have 2 police officers, plus a resident trooper if it is a weekday. She stated that the resources the town does have, are giving a lot of focus to Sound View in the summertime.
Frank Pappalardo suggested waiting to discuss till next summer is too late, and that the town had the same amount of resources in 2014 as they did in 2015, but the deployment is what differed. He stated that they went from a letter of commendation to the police department in 2014 to a 3 page memo of concerns in 2015.
First Selectwoman Reemsnyder stated that part of it had to do with weather, and part of it had to do with decisions officers made in choosing not to work.
Frank Pappalardo stated that it shows a lack of trust and respect between the chain and the command, if you have officers that don’t want to work, or work overtime.
First Selectwoman Reemsnyder stated that she understands his points, and will make an attempt to address them before next summer.
Selectman Skip Sibley stated that he had similar concerns as the commission; he saw overcrowded parking lots, ball playing on the beach, and rangers hanging out in the shade. He stated that a lot of issues should have been dealt with on the spot. He stated that there was a 3-4 year trend in a positive way, and while not everything was negative this year, the trend was downward. He stated that the change was made by the town, and the town has to be accountable. He suggested having a plan starting in March. He stated that public safety was at high risk this year, and he does not want to have a repeat of that in 2016. He stated that it is their job to: control the crowds, control the alcohol on the beach, control the ball playing, and
prevent people from getting hurt.
First Selectwoman Reemsnyder stated that the board was re-elected, and will remain the same. She congratulated her colleagues and all of the elected officials. She stated that they were sworn in yesterday and their official term starts tomorrow.
- Boathouse Hains Park Improvements
First Selectwoman Reemsnyder stated that she attended the meeting that was held on Thursday night, and they talked about the plan that is going to be submitted to the estimating company once the construction documents are together. She stated that the Co-chair looked at the existing bathrooms, took measurements, put together a footprint of what exists, and made suggestions on doing a total renovation on the existing bathrooms. One suggestion involved a small addition to make a mechanical room. By moving all of the lifeguard supplies and mechanicals from the center of that room, to the small addition on the end, it would make for 2 nice bathrooms with handicap accessibility. There would be a toilet and 2 urinals in the mens room, and in the ladies
room there would be 3 toilets along with the sinks. She stated that they believed that the cost would be very reasonable, and they were talking about making it a year-round facility to accommodate winter activities. They all agreed that they would talk to the building official to see what needs to be done as far as energy efficiency to use the building year round.
First Selectwoman Reemsnyder stated that they also spoke about the placement of the basketball court next to the boathouse, and that 1 or both trees would need to be removed if they put it there. She stated that she spoke to the chairman of the tree commission, who expressed his opposition to taking down healthy, shade giving trees. That led to the discussion of situating the basketball court near the bathrooms. It was confirmed that the basketball court can be within 25’ of the existing well, which they previously thought that it could not. She stated that according to the Zoning enforcement officer, if the height of the building does not extend beyond what was already approved, that it does not have to go to zoning appeals, that he could
just approve it. Bonnie stated that she will confirm that.
Selectman Sibley stated that it would be nice to offer year round bathroom facilities for those using the lake for winter activities. He stated that one of the co-chairs of the building committee went to the bathhouse, and dug a hole to determine that the slab it was built on was 16”, and posed several questions to the building official. He also stated that they originally wanted to get the project done over the winter months, but have resigned that a better starting point would be as soon as the high school season was finished in the spring (June), work throughout the summer, and have completed before the fall season.
First Selectwoman Reemsnyder stated that the area of the current basketball court would become a grassy area, and they are looking into reinforcing that area so trailers could park and wouldn’t have to worry about the mud.
Selectman Sibley asked if there was a plan to take the docks out of Roger’s Lake for the winter?
First Selectwoman Reemsnyder stated that she thought they planned on leaving them in, but will have to have that discussion with the boathouse committee.
- Rte. 156 Bikeway/Sound View Improvements
Selectwoman Nosal stated that they met last Monday November 9th and they conferenced in BHB, their DOT liaison. She stated that earlier in that week, the 1st selectwoman received the notice from the DOT that they have been authorized to move from preliminary design to final design. They also received a letter indicating DOT’s approval for the increase in their grant of $86,000 to meet the probable estimate for construction costs. Next meeting they will be moving into final design. The group made a motion to approve moving $25,000 from the preliminary design budget (planned to be used for eventual lighting on Hartford ave) and put that funding towards looking at ways to use the existing lighting poles, and purchase
decorative mast items and banner poles for them. The cost is still being looked at. The next meeting is Tuesday December 8th at 4:30 and they will be looking at things that their engineers need to put on their plan so they can submit their semi-final draft back to the DOT for their input. They will look at the feedback from the fire department, as well as lighting and tree options. At the semi-final draft there will be another informational meeting with the town, when the DOT reviews those comments, then the will move to final design, and once DOT approves final design, then they could go out to bid.
Selectman Sibley added that they are likely to start construction at the end of next summer, after Labor Day.
- WPCA/Administrative Order Update
First Selectwoman Reemsnyder stated that there was a WPCA meeting last Tuesday. She stated that she did receive an email from the DEEP stating that the town is in compliance, and the engineers are working on the EIE. The WPCA discussed some of the issues with having sewers at Hawks Nest. Before the final EIE is submitted the WPCA requested a meeting with the DEEP to discuss some of the challenges/concerns, and whether or not the DEEP will require additional data regarding Hawks Nest, which would mean additional cost with the engineers. That meeting is scheduled for Tuesday at 3pm in Hartford.
Selectman Sibley asked if there was any discussion regarding the hearing requested by Sound View?
First Selectwoman Reemsnyder replied no, that the hearing that was requested by Sound View was requested to the DEEP, and it is up to them to set that hearing date. Sound View requested to be part of the hearing of the EIE for the private beach associations, but she received an email from Rob Breen, director of Sound View Beach Association, stating that they were reconsidering withdrawing their request because they know that the town is submitting their own EIE.
Selectman Sibley asked who would be attending the meeting tomorrow?
First Selectwoman Reemsnyder replied that the WPCA chair, herself, and the engineers would be attending.
- Blackwell Lane Extension for Town Road
First Selectwoman Reemsnyder stated that she put into the Selectmen’s mailboxes: minutes from the planning commission meeting from September 10th. She stated that the process is for the planning commission to recommend to the BOS whether or not they approve of a road that has been requested to be accepted as a town road. They look at whether or not it meets the town requirements, they utilize their consultant engineer, and makes sure it meets all of the requirements, and then take a vote as to whether or not to recommend it for acceptance. The BOS then has to decide whether or not to recommend that to a town meeting. She stated that they are not taking any action on it tonight, but wanted to make the Selectmen aware that it
has been recommended, and really is just a turnaround at the end of Blackwell Lane, which is already a town road. She suggested the Selectmen take a ride to look at it themselves.
Selectman Sibley would like the input of the public works director as far as maintenance, snow plowing, and everything else that goes along with being a town road.
- Fiscal Year 2017 Budget Planning
First Selectwoman Reemsnyder stated that the letters went out to the various departments requesting their budget requests for the next fiscal year. She will be meeting with various departments to review their budgets and to get an understanding of any new requests. She stated that in the past they had scheduled a couple special meetings in January to look at the budget, and will plan on doing the same thing. She will ask Nicole to get them copies of the budget so they could look at it beforehand, and be prepared to ask questions. The First Selectwoman stated that they will try to convene with the capital expense committee and salary committee in December, so that in January they will have some numbers that reflect what those committees
recommended.
Selectwoman Nosal stated that 2 meetings is sometimes not enough, and asked if they can plan on having 3 meetings.
First Selectwoman Reemsnyder acknowledged the Boy scouts attending the meeting.
First Selectwoman Reemsnyder updated the Selectmen on 2 new committees: The Halls Road Committee, and the Solid Waste Recycling Review Committee. They had their initial meetings which included: introductions, going over the charge of the committee, setting dates for 2016 meetings, and going over FOI rules.
Selectman Sibley stated that in regards to the septage transfer facility, the subsidy program expired Friday the 13th, and the operation/maintenance agreement is due to expire at the end of the year. He asked Bonnie if she had an update on that.
She replied that she does not have an update at this time.
Selectman Sibley stated that they had a special meeting with Nicole on 11/2. He stated that there were a bunch of edits to be done, and one goal was to meet with her again, possibly along with the BOF. He stated that he would like to fit that in before the end of the year.
First Selectwoman Reemsnyder stated that she would like to fit that in as well, and that she has spoken to the finance director, who has not yet had a chance to update all of those changes.
Selectwoman Nosal asked if they could get a list of openings on the Boards & Commissions. She also asked if she could have the analysis of the summer of Sound View from data perspective, so they can do a fair evaluation and plan.
- Adjournment: A motion was made by Selectman Sibley, seconded by Selectwoman Nosal to adjourn at 9:01 pm. Motion passed.
Donna Glaras
11/17/2015
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