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TOWN OF OLD LYME
BOARD OF SELECTMEN
Regular Meeting Minutes
December 7th, 2015
The Board of Selectmen held a Regular Meeting at 7:30 pm on December 7th, 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.
- Approval of Minutes: November 16th 2015, Regular Meeting
Selectwoman Mary Jo Nosal stated that some of the things that she had said in the last meeting were not reflected in the minutes, and requested the opportunity to review the recording and clarify her points. She made a motion to table the approval of the minutes of November 16th until the next meeting, seconded by Selectman Sibley. Motion Passed.
First Selectwoman Bonnie Reemsnyder acknowledged the guests in the audience, many whom were students from the high school’s civics class, and welcomed them to speak in the “public comment” portion of the meeting.
First Selectwoman Reemsnyder stated that they have a recommendation to appoint Victoria Fallon to the Inland Wetlands Watercourse Commission as an alternate, for a 3-year term expiring Jan. 2017. Selectwoman Mary Jo Nosal made a motion to appoint Victoria Fallon as an alternate, to the Inland Wetlands Watercourse Commission, for a 3-year term expiring Jan. 2017, seconded by Selectman Sibley. Motion Passed.
- Boathouse Hains Park Improvements Committee
First Selectwoman Reemsnyder stated that there hasn’t been a meeting, and therefor there is no update.
Selectman Skip Sibley stated that the regular meeting is scheduled for Thursday December 10th, that he will be in attendance, and will have an update for the next meeting.
- Rte. 156 Bikeway/Sound View Improvements
First Selectwoman Reemsnyder stated that there hasn’t been a meeting for that commission either, but there is a meeting scheduled for tomorrow.
Selectwoman Nosal stated that this meeting will be moving into the final design planning process, their engineering group BSC has sent comments back to their liason to the DOT, VHB, and are awaiting comments from them, once those comments are addressed, then their engineer BSC, could move into the final design process.
- WPCA/Administrative Order Update
First Selectwoman Reemsnyder stated that since their last meeting, she did attend a meeting with the DEEP, along with the engineers, the attorney, and the chairman of the WPCA. She stated that meeting was called because of the concerns expressed by the Hawks Nest community, and to discuss with the DEEP what the plan moving forward should be. She stated that she made it clear that they could not spend a lot of money, before the plans were submitted, for additional testing. She stated that they are looking at how to treat Soundview & Hawks Nest, and if she could predict, Soundview would be included in the plan, but further information would probably be needed for Hawk’s Nest. She stated that the original plan included both Soundview and
Hawk’s Nest, but because of that meeting, they asked the engineers to look at the plan, and consider recommending something else for Hawk’s Nest. She stated that she had worked out an arrangement with Woodard & Curran to complete the EIE at no additional cost to the town. But, if further testing/work needed to be done beyond what was reasonably expected, they would have to discuss negotiating a fee for unanticipated work. She stated that this looks like it would fall under that category. So, she make it clear to Jay Sheehan, of Woodard & Curran, that they would need a suggested scope of work, and cost associated with that. She stated that she doesn’t believe that it will be highly expensive, but does think there will be an additional cost, that they need to know, and have that associated with a clear scope of work. She stated that there will be a WPCA meeting tomorrow night, that there should be more answers then, but she believes
that they will adjust the plan to reflect the comments/concerns by residents that feel that there is not enough information there. She suspects that Hawk’s Nest will be under review for a period of time, rather than be included into this part of the project now. She stated that the DEEP has given them a letter that states that they are up to date with the administrative order.
Selectman Sibley suggested that some sort of recording or minutes be taken at those meetings, for the benefit of those that weren’t in attendance (BOS, WPCA members, BOF, and residents). He asked if they could reconstruct what went on at that meeting between Bonnie, the WPCA chair, and Jay Sheehan.
First Selectwoman Reemsnyder stated that she would be happy to ask Jay Sheehan, that he takes excellent notes, and she will ask him to share.
Selectwoman Nosal stated that she would be interested in what the engineers come up with; because she believes it is doing a 180, going from evidence of needing sewers, to looking at other alternatives. She stated that she hoped that there will be some explicit reasons why this makes sense, because right now she is confused about what they are. She stated that she has not seen the town’s draft EIE, but recalled from previous meetings that they were told, if the EIE required additional work (due to comments from the community that required the engineers to go back to work) that it would cost addition money, but the private beach association’s EIE that has been in the public for about 30
days, she hasn’t heard that they are going to be required to have additional work. She asked, since the geographical locations of these beaches are very similar, she asks why the town’s EIE would be questionable, but not the private beach association’s? And she would like an answer from the DEEP.
First Selectwoman Reemsnyder clarified that the EIE is not questionable, but that the EIE would be questioned. She stated that there won’t be comments on the private beach association’s EIE by DEEP, because the DEEP were the ones to put together their EIE. She stated that she questioned the DEEP, why the engineers had to do the town’s EIE, when the DEEP is putting together the private beach association’s EIE, and they replied that years ago the DEEP would put together the EIE, but over time they have been changing to have the engineers do it. She stated that she made it clear of her annoyance by this, because it is an expense to the town. In regards to the public comment, she stated that neither the DEEP nor the town could control what
comments are going to be made on either EIE, and that has to be addressed with responses. She stated that there has always been the concern that there would be a lot of comments on the town’s EIE because there was a neighborhood that was not in favor of it.
Selectwoman Nosal stated that she could understand their worry, but the beaches are next to eachother, and ultimately will probably be combining projects, so if one beach has a question that requires engineering work, it should apply to the other beaches. She stated, if not, it seems like a subjective process, which she finds confusing.
First Selectwoman Reemsnyder replied that, that was the basis of the whole project (if this data was used in this area, then it is safe to assume that this area which is right next door, would be the same) but it doesn’t seem to work in reverse when it comes to comments on the private beaches. She re-stated that the private beach association has willing partners, and the town does not (in one case) which makes it challenging. She addressed Mary Jo’s first concern about the “180 by the DEEP”; she stated that that was the cause for some of the testiness at the meeting. That the DEEP still stands it’s ground, that they base the pollution of the area on density, and their criteria, and they still feel that is valid and pollution is happening. For them to work with the town, asking for more time to address the concern that the data (besides the density) is not reflecting pollution, took a bit to talk to them and ask for options. She stated that the DEEP is not going to say
that it doesn’t need to be addressed unless the data clearly shows that there is no pollution. They believe that it will show that there is, if that is the outcome, and further data is collected. She re-stated that they need to see the scope of work from Woodard & Curran and their suggestion on how to change the plan to reflect that. The issue is that the EIE cannot be submitted until the plan is finalized.
Selectwoman Nosal asked if the engineering report will indicate the costs of the alternatives?
First Selectwoman Reemsnyder replied, Yes, that is the whole purpose. She stated that she is not sure if they will have that information tomorrow night, but it was made clear, that the town needed a clear scope of work, that could be voted on, and make sure that they are either within the budget that they have, or allocate funds for the changes to the plan.
Selectman Sibley re-stated that having some minutes to read would be helpful, and stated that he hoped Jay would put those together for them, because it seemed like there was a lot of important discussion going on, relative to the future direction of the project. He also stated that there is still some unfinished business, and would like to see it wrapped up this budget year, so they can start the next budget year, July 1st, fresh.
First Selectwoman Reemsnyder stated that she believes that it will be resolved in this budget year, but they are currently waiting on the written report from the attorney.
- C-PACE Program – Resolution
First Selectwoman Reemsnyder stated that after last meeting she has been in communication with the town attorney, who is looking over the information on the C-Pace Program, where a business can secure a loan to make energy efficient improvements. She stated that she spoke about the program at the last RiverCOG meeting, and asked how many other towns have taken part in the program, and a good number of towns had already approved the program. She stated that the RiverCOG director spoke about it, and said that it was a good program. She stated that before a resolution was passed, that she would want to hear back from their attorney. She stated that Mary Jo had some questions that were sent to Nicholas Zuba, and read those aloud with answers.
1) Do you know when the local permitting process kicks in, and what is the process if the building or other approvals are denied? If a project does require building permits and/or planning & zoning approvals, then the contractor would go to the town as it normally would to secure the necessary approvals. In order for the contractor to receive payment disbursements from the Green Bank, they require that they present their building permits and/or approvals at their first disbursement.
2) It does not look like the municipality has the option to not carry a lien once the loan is approved by the Green Bank, is that your understanding? Yes, in the municipal agreement it would be required to place a benefit assessment lien on the property.
First Selectwoman Reemsnyder stated that in order to adopt C-PACE they would need to go to town meeting. She stated that hopefully by next meeting, the BOS could approve their part of the resolution, and recommend it to a town meeting for approval (one is scheduled for January). She will see if Nicholas Zuba could attend to explain the program.
Selectman Sibley also recommended to give the BOF a heads up about this at their next meeting.
First Selectwoman Reemsnyder stated that the chairman of the BOF attended the last BOS meeting, and agreed that C-PACE looked like a good program, but at the time, they did not know that it would have to go to a town meeting, so she said that she will inform him of that.
Selectman Sibley also suggested that some pamphlets to hand out at the town meeting might be helpful.
- FY 2017 BOS Budget Meeting schedule for January
First Selectwoman Reemsnyder stated that the next item on the agenda was for them to discuss their meeting schedule for January, and take a look at their calendars. She stated that MaryJo had suggested 3 special meetings to review the budget. They reviewed their schedules and decided tentatively on: January 4th at 4:30pm, Jan 11th at 4pm, and January 25th at 4pm.
- Approval State Police Contract for signature
First Selectwoman Reemsnyder stated that this contract is for 7/1/2015 – 6/30/2017. She stated that there are new parts to the contract, and they had it reviewed by their labor attorney, which resulted in a letter to the commissioner of the Department of Emergency Services & Public Protection, Dora Schriro. She had a conversation with the colonel of Public Safety and the attorney representing them. The concerns they had were: 1. Authority over police operation, notifying them how their contract read in regards to the A&O manual that the state police have. And 2nd was a request, “as the state is requiring the town to forward all FOI requests it receives concerning police services to the state for handling, the town requests that
the state acknowledge in the contract, that the state shall be responsible for all aspects of any FOI compliance that may arise regarding police business in Old Lyme; including any penalties that may be assessed by the FOIC in response to the state’s handling of requests for public information. In speaking with the attorney, she stated that the paragraph is only speaking about requests for incident reports.
Selectman Sibley asked if the current language addresses specifically the incident report requests, or if it is more general? He stated that he understands what the attorney has said, but asked if there is a statement in writing that supports that?
First Selectwoman Reemsnyder stated that she would have to look into it, but can guarantee that the contract wording will not change, that they were aware of this, but they still wanted to put their concerns in writing.
Selectman Sibley suggested handwriting in an addendum that specifically addressed that, he stated that it was enough of a point for the attorney to bring it to their attention, and if there is nothing in writing supporting the response, he believes that there should be at least a notation.
First Selectwoman Reemsnyder replied that she can discuss that with the labor attorney, but believes that was the intention of the letter, by putting it in the letter, it has been noted that these were their concerns. She stated, in regards to chain of command, they wrote, “the town requests the addition of language to this section which would provide the town with the right to have a resident trooper reassigned in the event the BOS of the town determine that the resident state trooper is not suitable to manage the town’s police department.” The one concern that the colonel brought up is the union of the state police, saying that at any time you could pull them out because of due process. He did say, however, that the A&O manual was revised
to reflect the concern of having a resident state trooper that the town is not satisfied with, but she has yet to see the revised A&O manual. The last comment that was made was about risk of loss and indemnification. Since the state is requiring the town to indemnify and hold it harmless from any liability rising out of the actions of town employees constables, the town requests that the state provide the town reciprocal indemnification from any liability arising out of the actions of state employees, including the resident trooper. She stated that the answer was very brief, that the state does not enter into any agreements indemnifying themselves, at all.
Selectman Sibley stated that more and more resident state trooper towns are going away from this program, because it is increasingly difficult to do business with the state that every contract renewal has more concerns, and their response is always that the contract doesn’t change, take it or leave it. He stated that that is unfortunate, and that the route cause deals with the contract, and the acrimonious relationship that the state troopers have with the local police department. He suggested investigating alternatives in the future, and stated that Montville and Salem are also re-evaluating.
Selectwoman Nosal stated that it is basically the same contract as in the past, with the exception of the new part. She stated that they should be proud of looking over it so carefully, that they gave it to their labor attorney, and that they indicated in writing suggestions of what they should do. She stated that the other town’s looking to get out of their agreements, is because of cost. She stated that she is unhappy that they don’t have 2 way indemnifications, but was really not surprised.
First Selectwoman Reemsnyder stated that none of it surprised her, and that she agrees that most of the towns doing away with the resident trooper program are based on cost. She stated that most towns that she has spoken with are happy with the resident state trooper program, but not happy with the increase in the cost. Some resident trooper programs have 1, 2, or 3 resident troopers, and no local guys, other have 1 trooper, and 22 local guys. She stated that Montville has such a large local force that it is probably time to form their own police department. Some don’t use resident troopers, they just rely on a local troop to patrol their areas like Lyme. She stated that there have been discussions about other opportunities with the
resident state trooper; sharing troopers, or having a different model, so that the cost is manageable. She stated that she doesn’t believe that the town is ready for their own police department, because that entails: having a Chief of police, a facility, a lock-up, dispatch, etc. She said they can pass the resolution, giving Bonnie the authorization to sign it, or have a discussion with the labor attorney about the response. She stated that the town attorney said that State contracts never change, but it is good to make them aware of their concerns because it may come up in the next contract. Last time a contract was signed was in 2013, and they made a motion authorizing Bonnie to execute the contract on behalf of the town of Old Lyme with the CT Department of Emergency Services & Public Protection, the division of state police for the services of 1 resident trooper. She stated that this would be for the period of July 1, 2015 – June 30, 2017. If they make that
resolution, then the town clerk submits it with the signed contract.
Selectman Sibley stated that it would be a good idea to discuss with their labor attorney, and it was important to note these questions. He stated that cost is one consideration, but the harmony of the department itself is another. He stated that senator Paul Formica is on department of public safety committee, and it is a topic of interest for him, and would encourage a conversation with him to make it more town-friendly.
First Selectwoman Reemsnyder stated that Paul Formica has attended most of the MORE Commission meetings, and talked about regionalizing police departments or resident trooper programs. She stated that at a meeting in early November the commissioner of Department of Emergency Services & Public Protection, Dora Schriro, was in attendance, and they shared their thoughts and concerns. Reemsnyder stated that she was very open, and offered suggestions on how to address it, but it is not an easy fix.
Selectman Sibley suggested Bonnie to come back after speaking to the labor attorney.
Bonnie agreed that they should wait until the next meeting because the resolution needs to be specifically worded. She stated that will be on the next agenda.
First Selectwoman Reemsnyder stated that the next thing on the schedule is the approval of the 2016 Holiday Schedule. She stated that it is basically the same as in the past, with specific dates. A motion to approve the 2016 Holiday Schedule was made by Selectwoman Nosal, seconded by Selectman Sibley. Motion passed.
- 2016 BOS Meeting Schedule
First Selectwoman Reemsnyder stated the meeting of 5/2 may have a Regional District 18 budget hearing on that night, the BOS meeting is scheduled for 7:30, she asked if they want to schedule a 4pm, or 5pm meeting that day.
Selectwoman Nosal suggested a 4pm meeting that day. All agreed. She also stated that 4/4 is the budget meeting for the community at 7:30, and in the past the Selectmen have attended the meeting. She suggested keeping an eye on it, and possibly scheduling a special meeting earlier on in the day.
First Selectwoman Reemsnyder clarified that what she is suggesting is approving the schedule with the 1 amendment, and then, keep an eye on the 4/4 meeting as we get closer to the date.
Selectwoman Nosal made a motion to approve these dates and times as amended, seconded by Selectman Sibley. Motion Passed.
Caroline McCore, Tisbury Rd
She stated that she is a rower with the Old Lyme Blood Street Sculls, and was wondering what the plan was, that she heard it was approved, but wanted to know when construction would be started, and when it was projected to be finished.
Selectman Sibley stated that there will be a meeting of the committee on Thursday at 7:30pm, and encouraged her to attend. He stated that the committee has elected on a design, they are working on a set of drawings, then the design would go to an estimator. He stated, the boathouse will remain a storage facility with changing rooms, and a small flex space. The bathrooms will also be upgraded, possibly expanded a little bit, and making it more year-round, or 9 month facility. He stated that construction will start, probably around July 1st.
First Selectwoman Reemsnyder stated that she put into the Board of Selectmen’s mailboxes a current list of vacancies on boards & commissions. She stated that they should be approving their appointments at the next meeting, or 1st meeting in January. She stated it would be in their best interest to reach out to interested parties.
Selectwoman Nosal stated that last week she attended the P&R commission; and wanted to make the Selectmen aware that their chairman is planning to go in front of the BOF, to discuss allocation of funds, to hire an attorney. He asked 2 members of the commission to form a subcommittee, to work with the attorney. He stated that he has spoken with an attorney, and shared information from the town attorney with this attorney. He stated the reasons that he wanted to hire an attorney was, “for a variety of issues”, and to discuss the town attorney’s report indicating that the P&R commission did not have authority to approve the expenditures on the boathouse. So, they are going directly to the BOF. She stated that they did not make
a motion, but it was a discussion.
First Selectwoman Reemsnyder stated that it probably should come before the BOS to approve any funds, and then go to the BOF to find the funds if approved. She stated that she will refer to the town attorney on how to handle that request, and their idea of going directly to the BOF.
Selectwoman Nosal asked if there was an update on the JLUS study?
Selectwoman Reemsnyder replied, no, she doesn’t.
Selectwoman Nosal asked how they were doing on EMME?
Selectwoman Reemsnyder replied that the EMME system is a new way of controlling heating and air-conditioning, and that the system has been fully installed. She stated that in the beginning they had fluctuations of temperature from room to room, and some adjustments were made, but with the exception of a few rooms, they are in pretty good shape. She stated that both rooms that still had issues were likely due to inadequate duct work. She stated that their maintenance person, Joe Benedetto, has asked to look at the installation, because he wanted to make sure the town is happy with it before the town pays the final bill. She stated that they seem to be in pretty good shape, and hope to see a reflection of savings in the heating bill as
well.
Selectwoman Nosal asked if they have heard anything from DEEP regarding the NDDB report for Roger’s Lake?
First Selectwoman Reemsnyder replied, no, she hasn’t
Selectwoman Nosal asked, regarding the septage change, if they will be able to see any savings, which can be reflected in the meeting minutes, for making this change?
Selectwoman Reemsnyder replied that they should, because they won’t be expending that money. That it should save $25,000+, each year, less this year because it wasn’t done until 5 months into the fiscal year. She said that we should see the savings in the next budget, what we’ve expended, and what we’ve invoiced.
Selectman Sibley suggested looking at the monthly sanitarian report, multiply the number of gallons processed by $0.04, and that would be the amount of savings.
Selectwoman Nosal stated that she understands that, but would like the public to see that reflected in the minutes.
Selectman Sibley asked about the septage transfer facility, he stated that the agreement expires at the end of the month, and asked for an update.
Selectwoman Reemsnyder replied that she spoke to Gary Yunat last week, and they decided that it would be helpful, if they set up a meeting with the chairman of the BOF to talk about the assets. She stated that meeting hasn’t been set up yet, but that is her intention. She stated that they discussed their options, that they can either; abandon the equipment, remove the equipment (which could be costly), or try to sell it, if Wind River is interested in taking over the permit, which is questionable at this point.
Selectman Sibley asked to be informed when that meeting is scheduled, because he would like to attend if possible. He asked about the financial policy. He stated that they had a meeting with Nicole back on 11/2, and was wondering if the edits that were requested have been updated? He stated that the next step would be to have a joint meeting with the BOF to review it as a group.
First Selectwoman Reemsnyder stated that the BOF has been busy, and she has not received the updated financial policy, but stated that it is not going to be approved until they all have had their eyes on it, and are comfortable with it. She stated that they should have a goal of getting it done this fiscal year.
Selectwoman Nosal stated that at the last meeting they had discussed Blackhall Lane Extention for approval as a town road. She stated that she had driven over there, and is just a hammerhead, and looks newer than the other part of the road. She stated that Queen Anne Court is also a road looking to become a town road, and suggested a meeting with Tom Metcalf.
First Selectwoman Reemsnyder replied that she had discussed Blackhall Lane with the public works supervisor, and he did not see any problems with that. She stated that they should wait until they get that recommendation from Queen Anne Court from the planning commission, and then reach out to Tom Metcalf. She stated that she did ask Ed Adante already to take a look at it, and he does have some concerns and comments.
- Adjournment: A motion was made by Selectman Sibley, seconded by Selectwoman Nosal to adjourn at 8:51 pm. Motion passed.
Donna Glaras
12/09/2015
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