TOWN OF OLD LYME
BOARD OF SELECTMEN
Regular Meeting Minutes
December 21st, 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 she reviewed the taped minutes of the 11/16/15 Board of Selectmen Meeting, and respectfully requested that the following additions and corrections to the minutes be reflected.~~
5.a. C-PACE Program-Nicholas Zuba.
Selectwoman Nosal's questions followed Selectman Sibley's questions in the meeting.
* Selectwoman Nosal inquired as to what brought Old Lyme to his organization's attention as a desirable market. Mr. Zuba said that the purpose of the Green Bank is to help all businesses in municipalities and to grow the market. They had a past contact with the Congregational Church which they hope to resurrect and help other organizations like them.
* Selectwoman Nosal asked if private financing entered the market after the Green Bank, would the terms of the loans change.~ Mr. Zuba said yes. The Green Bank terms are 10 years at 5% and 20 years at 10% and 10 basis points between.~ The private equity market will be competitive and the Green Bank will serve as a middleman/ administrative function.
* Selectwoman Nosal asked if the Municipal Agreement expired. Mr. Zuba said the Agreement did not have an expiry date.~
* Selectwoman Nosal asked whether the Green Bank would pull out or sell loans if the market did not meet their expectations. Mr. Zuba said they would not pull out and would provide materials to assist the town in marketing the C-PACE program.~~
* Selectwoman Nosal asked if Mr. Zuba could provide references from the other municipalities he worked with and he said he could.~
4.c. Soundview Commission Evaluation
* Correct Spelling is Sound View.
Selectwoman Nosal's comments preceded Selectman Sibley's comments in the meeting.~
* Selectwoman Nosal noted that when she looked at what the Commission called an Evaluation, and what was called a memo tonight, it concerned her that it was called an evaluation because there was no data for an evaluation and Mr. Pappalardo agreed.~ It is feedback and the Board of Selectmen have discussed the summer and had different feelings and observations, too.~ She stated that we do need to meet, set expectations, have a plan working with the Resident Trooper, discuss what the community desires, what the town can support and what if any corrective action is needed.~~~~~~~~~~~~~~~~~~~~~
Old Business 4.
c. Rte. 156 Bikeway/Sound View Improvements
* Correction: second line - BHB should be VHB.
5. New Business:
Selectwoman Nosal's comments followed Selectman Sibley's comments in the meeting.
* Selectwoman Nosal noted that in the past she has provided her observations on proposed roads in writing. First Selectwoman Reemsnyder also suggested that Tom Metcalf could meet the Selectmen if needed.
Selectman Sibley stated that he would like to see the changes in writing, and made a motion to table the approval of the minutes until the next meeting. Seconded by Selectwoman Nosal. Motion Passed.
Approval of Minutes: December 7th 2015, Regular Meeting
First Selectwoman Reemsnyder made the following corrections:
Page 2 (2nd to last paragraph) - …that it would cost addition money, should read “that it would cost
additional money”
She asked, since the geographical locations of these beaches are very similar, she asks why
the town’s EIE would be questionable, should read, “Since the geographical locations of these
beaches are very similar, she asked why the town’s EIE would be questionable…”
Page 5 (1st paragraph, last line) In speaking with the attorney…, should read, “In speaking with the
DESPP attorney…”
Page 8 In regards to Selectwoman Nosal’s question if there was an update on the JLUS study, the
minutes read, the First Selectwoman replied, no, she doesn’t, it should read, “Selectwoman
Reemsnyder replied that there is not.”
Page 9 First Selectwoman Reemsnyder stated that the BOF has been busy… should read, “First
Selectwoman Reemsnyder stated that the BOF director has been busy.”
(Paragraph 2) mentions Blackhall Lane Extention, and it should read “Blackwell Lane
Extension”
Selectwoman Nosal made the following corrections:
Page 1 (Old Business b. Rte 156 Bikeway/Sound View Improvements)…hasn’t been a meeting for
that commission should read, “hasn’t been a meeting for that committee”.
Page 7 (Public Comment) Caroline McCore should read “Caroline LeCour”
Selectman Sibley stated that the meeting minutes have gotten more like a transcript, and that 9 pages of meeting minutes is too lengthy.
First Selectwoman Reemsnyder stated that she has spoken to the clerk, and agreed that the meeting minutes should be more of a summary.
A motion to approve the minutes as amended was moved by Selectman Sibley, seconded by Selectwoman Nosal. Motion Passed.
- Communication: None
- Appointments:
Will be addressed at the January 4th meeting.
First Selectwoman Bonnie Reemsnyder acknowledged guest Hope Femia from the highschool in the audience, and Mark Appleby from T-Mobile who is there to address the easement for T-Mobile on Old Bridge Rd. First Selectwoman Reemsnyder asked for a motion to move that item up on the agenda. Moved by Selectwoman Nosal, seconded by Selectman Sibley. Motion Passed.
New Business:
c. Easement for T-Mobile on Old Bridge Rd
First Selectwoman Reemsnyder stated that there is already an easement in the exact location for CL&P/Eversource.
Mark Appleby explained that Old Bridge Rd is a private road, shared by 3 homeowners, and the town of Old Lyme owns a portion of the property on the south side. He referenced the lattice tower on the map that he handed out, and stated that it is owned by Eversource, and that T-Mobile’s antennas are located on that lattice tower. He stated that there is an existing telephone pole, and they will be installing a fiber line from that telephone pole under the ground, from A4-A8 (on the map), approximately a 2-3 foot trench. He stated that there is an existing conduit that they will use.
First Selectwoman Reemsnyder stated that she had reached out to the town’s attorney, and she stated that she had reviewed the proposed easement agreement and found it to be in order legally. The attorney continued that the town approved an easement to CL&P a few years ago in the same location, so she sees no reason to go back to a town meeting for approval for a 2nd easement in the same location. The proposed easement stated that upon the expiration of the existing CL&P easement, this easement would expire as well. She asked the selectmen to make a motion to approve this at this meeting.
Selectwoman Nosal re-stated that there is already an easement there with CL&P, and asked if CL&P was in agreement with this, and if T-Mobile has requested an easement over another utility’s easement before, and asked since this easement would expire upon the existing CL&P easement, do we know when that is?
First Selectwoman Reemsnyder replied that according to the town’s attorney, CL&P does not need to be in agreement. And stated that she does not know when the current CL&P easement expires.
Mark Appleby stated that they often request an easement over an existing utility’s.
Selectman Sibley asked, since it is on private property, going under Old Bridge Road, if they need a separate easement from the homeowners.
Mark Appleby replied that it is the same easement, but each resident owner would need to sign.
Selectman Sibley asked if CL&P had a trench in that area, or if it was overhead?
Mark Appleby replied that he believes it is overhead.
Selectman Sibley stated that with easements they typically go to town meeting, and asked if delaying to the town meeting was a possibility?
First Selectman Reemsnyder replied that that the recommendation from the town attorney was that they didn’t need to approve it a second time, since there is an easement there.
Selectwoman Nosal asked what would happen if they don’t get the easement rights from the property owners? Would they trench for future use?
Mark Appleby replied that it wouldn’t be recorded or valid, and they wouldn’t trench without the
approval from T-Mobile, and the residents.
Selectwoman Nosal made a motion to approve the easement on Old Bridge Road, seconded by
Skip Sibley. Motion Passed.
Selectman Sibley suggested informing the ZEO because he/she has access to a land-use attorney,
and suggested it would be good to make sure he/she is in agreement with the town attorney.
- Boathouse Hains Park Improvements
Selectman Sibley stated that there was a meeting on Thursday, and the architect presented working drawings to the committee for review, they were not the final draft, but 90-95% complete, the chairman, and other members looked over the drawings and made some suggestions to the architect. The plan is to make those changes and submit the drawings to the building official and the fire marshal for initial review. He stated that there were questions on changes that had been made since they received approvals from Wetlands, Zoning, ZBA, and thought it was a good idea to make sure all of the changes they proposed are not significant enough to have to go through that approval process again: relocation of basketball court, minor adjustments to the building,
etc. ZEO did not initially see the need to go back through the process, but the chairman has since put forward communication on specific items that they will vet properly. He stated John Rhodes was there from District 18, he had met with the athletic director and coaching staff for rowing, and they were pleased with the draft as it stood. The committee voted to approve to get another estimate, with the same estimator, now that they have working drawings, not to exceed $2500. It will not include the bathroom upgrade. After getting the estimate they will see how much funds they have left in their budget to work on the bathroom upgrade design, and a pavilion.
First Selectwoman Reemsnyder stated that it was helpful that John Rhodes was there to address safety issues, and supervision, and the BOS will attend the P&R Commission meeting Jan 7th to further discuss the plan. She stated that there were discussions about bathrooms, and they had 2 preliminary drawings made up, one, using the existing footprint, and another that has a small addition. Both plans would make the bathrooms safer, cleaner, ADA accessible, with the possibility of using them year-round.
Selectman Sibley stated that the 2 chairs will be meeting with P&R on Jan. 7th, and their regular meeting will be Jan. 14th.
- Rte. 156 Bikeway/Sound View Improvements
Selectwoman Nosal stated that since the last BOS meeting, they have met twice, and had a meeting with the tree commission. On Dec. 8th they had their 1st final design meeting, and reviewed items that needed resolution. She stated that there were 7 properties that needed temporary right of access, and they are working on getting the paperwork for that. They are looking at lighting options with Eversource, they are looking at enhanced lighting fixtures and banner holds. She stated that the bump outs will be a variety of raised, mounted, curvy and flush, depending on need. They looked at finalizing materials used for the bump outs; pavers. They are looking at tree options and how they will be placed on the new
sidewalks, as well as bike racks and benches, all of the decisions will be going back to their engineer for finalizing their semi-design plan. Their next meeting will be Jan 11th at 6pm.
First Selectwoman Reemsnyder stated, that in regards to the temporary rights agreement, she did reach out to the town attorney, who said that they would need the temporary rights agreement, not temporary easement, which is actually easier to accomplish.
- WPCA/Administrative Order Update
First Selectwoman Reemsnyder stated that there was a meeting Dec 7th with the DEEP, the engineers, the attorney, the chairman of the WPCA, and herself. One of the items discussed, is that the town is under an administrative order to submit a follow-up on the plan that was submitted, and submit an EIE based on that plan. It was made clear by the engineers, the attorney, and the DEEP, that the plan submitted is the town’s plan. If the engineers submit a plan, it is to be followed up with an EIE, and the DEEP will approve (or not approve), and tell the town to implement the plan. It is up to the town to do the work to submit the plan based on conditions & data. They discussed sewers being installed at Sound View, and to
continue to monitor Hawk’s Nest. She stated that the DEEP supervisor was opposed to this, because she believes that the data is there, but through further discussion she agreed that this would keep the town moving forward since there are 3 beaches that are going to install sewers, and the best time to put in sewers at Sound View is when those projects are going on. Reluctantly she was willing to look at this tiered plan; Sound View would get sewers, and Hawk’s Nest would continue to be monitored. She stated at the Dec 8th WPCA meeting, they discussed all of this, some members were reluctant to this tiered system, and the WPCA agreed to ask Woodard & Curran to develop a scope of work, and the cost associated with it, to adjust the plan, that would have this tiered system. She stated at the WPCA meeting, there were people who live at Hawk’s Nest that questioned the monitoring, people that have reviewed the data from the monitoring wells at
Hawk’s Nest, done their own review, and felt it was irresponsible for the WPCA to delay sewer implementation because the data is there. They stated that they have water tests that show contamination; coliform and elevated nitrates, and have been sending in that information, and also emailing their concerns to the WPCA and the DEEP. Reemsnyder stated, that last week there was a meeting with the chairman of the WPCA, the sanitarian, the health director, and engineers(she did not attend) to talk about what monitoring Hawk’s Nest would look like. At that meeting she was informed that there was consensus that it didn’t make sense to continue testing in an area that they have already proven that there is pollution. She stated that the health director was adamant that what he saw was pollution, and that it is a health risk. She stated that it is an active discussion, and she will have more information in January.
Selectman Sibley asked if they had received meeting minutes from Jay Sheehan from the meeting with the DEEP, and asked if there were also minutes taken at the meeting with the chairman, sanitarian, health director and engineers, and if that meeting was posted.
First Selectwoman Reemsnyder replied that she does have the meeting minutes from Jay from the Dec 7th meeting, and will ask him for his notes from this past meeting, but that meeting was not posted, and didn’t need to be. She stated that it was a working meeting with the sanitarian to discuss what monitoring would look like, and she didn’t believe that anyone realized that the health director was going to be there.
Selectman Sibley asked that these minutes not only be shared with the BOS, but also with the public. He stated that he is happy that the health director was there because he is the ultimate authority.
Selectwoman Nosal stated that she did attend the last WPCA meeting, that there were very few members in the audience, but there were Hawk’s Nest residents, that continue to feel that there is not sufficient data, even though Selectwoman Nosal feels that the nitrogen levels are obvious, but they still want more, and hired their own advisor to do testing. She stated that another family that was there feels otherwise. She stated that the WPCA and town has done an excellent job of listening and weighing sides, but at this point, getting part of the plan done is better than getting none of it done. She stated that she believes the DEEP will determine how much testing needs to be done, and where, how long, and why, and it is the town’s responsibility
to pay for that, and it needs to be discussed. Whether they do a tiered program, with or without testing, it is important to get the scope from the engineers to evaluate the purpose of doing something or nothing.
- C-PACE Program – Resolution
First Selectwoman Reemsnyder stated that they did have a presentation from Nicholas Zuba to talk about the C-PACE program, and the town passing a resolution to allow them to offer the C-PACE program to businesses in town. She stated that he first came to Old Lyme, because the Green Bank had a request from the 1st Congregational Church. She stated that it would also be an advantage to the town of Old Lyme by helping reduce their footprint. She recapped the program, and explained that businesses would apply for funds, and the municipality would collect the payment on that through a tax lien, included in their tax bill. She stated that she spoke to the town attorney regarding this, and she said it was clear to go to town meeting.
She called for a motion to recommend this to a town meeting. Moved by Selectman Sibley, seconded by Selectwoman Nosal. Motion Passed.
- Approve State Police Contract for Signature
First Selectwoman Reemsnyder stated that they have a 2 year contract with the state police to supervise their police department and provide services to the town of Old Lyme. She stated that there were some new parts to the contract, so she sent it to their labor attorney for review, and the labor attorney suggested sending a letter to the commissioner noting a few things that they would like to change. Their response to those issues was to the effect of take it or leave it. She then sent that response to the labor attorney, and received a comment back from him stating, “the state police’s refusal to consider the town’s few requests to modify the terms of the resident state trooper contract, while discouraging, is not surprising. The
state police has dishonored similar previous requests made by the town, apparently the state police’s posture about the contract amounts to a ‘take it or leave it’ proposition, if the BOS wants to continue to have the state police manage the town’s police operations, it must accept the terms of their document…” First Selectwoman Reemsnyder stated that she is on the MORE commission, and there is a subcommittee that looks into new ways of policing, and she will share their comments on the contract with the subcommittee. She stated, another meeting is planned with the commissioner in late Jan/early Feb., and she will make them aware of the comments to hopefully change future contracts to reflect some of those things.
Selectman Sibley stated that he was encouraged by the MORE commission, and glad
that Senator Formica is involved.
First Selectwoman Reemsnyder made a motion, that Bonnie A. Reemsnyder, First Selectwoman, Town of Old Lyme be and herewith authorized to execute a contract on behalf of the Town of Old Lyme with the Connecticut Department of Emergency Services and Public Protection, the Division of State Police, for the services of one Resident State Trooper. The contract is for the period July 1, 2015 to June 30, 2017. Moved by Selectman Sibley, seconded by Selectwoman Nosal. Motion Passed.
- Resolution for Multi-town Grant application for Valley Shore Communications
First Selectwoman Reemsnyder stated that Valley Shore is the organization that provides dispatch service for emergency services. She stated that they have the need for a new console, which is an expensive piece of equipment, but there is a grant opportunity called the Intertown Capital Equipment Purchase Incentive Program (ICE). She stated that Norm Needleman of Essex has taken the lead on the application, and it needs a resolution from all 10 towns involved. She stated that there has been conflicting opinions if this needed to go to a town meeting, but there is time to figure that out, and get it on the town meeting of Jan 25th if need be, deadline to submit is the end of January. She stated that this is something that
needs to be funded through capital, so she thinks it would make sense to pass a resolution that authorizes herself to sign the application. She suggested waiting until next meeting to get the wording of the resolution precise.
Selectwoman Nosal agreed that they should hold for wording and the fact that Norm would be doing the heavy lifting on this is nice.
Selectman Sibley added that he would like to get input from the various public safety personnel: fire dept, ambulance, emergency director, and public works.
First Selectwoman Reemsnyder stated that Valley Shore Communications has a board of directors, and there are representatives from each town, including the Old Lyme Fire Department, and she will communicate with them.
Selectman Nosal read an email from Norm Needleman that stated, “…additional options are being looked at, but this program allows a 60% match and the 40% can come from other capital gains or debt.”
- Resolution for Signature Authorization – Nutmeg Network Grant
First Selectwoman Reemsnyder stated that last year they approved a resolution, for her to sign the Nutmeg Network Grant, which is a grant to install fiber optics. She stated that it did not happen last year, so they were told by the state of CT, that they should pass another resolution to keep up to date. She stated that it is like renewing a resolution that they already passed. She read, “the legislative body has authorized Bonnie Reemsnyder, the First Selectwoman to act on this endorsement, by signing all necessary agreements, and take all necessary actions related to this proposal to enter into a binding agreement with the office of policy and management according to terms of the RPI grant program.” She stated that the grant is for
$22,000 for installation.
Selectman Sibley questioned the wording of the resolution, “the legislative body”, and stated that to him that signifies Town Meeting.
Bonnie Reemsnyder read the asterisk on the resolution that stated that for the purposes of the regional performance incentive program, legislative body means the BOS, town council, city council, board of alderman, board of directors, etc., and they are OK to approve this.
First Selectwoman Reemsnyder asked for a motion to adopt a resolution endorsing the regional performance incentive program proposal for the Nutmeg Network Grant notice of grant approval and authorizing herself as First Selectwoman to act on this endorsement, by signing all necessary agreements, and take all necessary actions related to this proposal to enter into a binding agreement with the office of policy and management according to terms of the RPI grant program. Moved by Selectwoman Nosal, seconded by Selectman Sibley. Motion passed.
First Selectwoman Reemsnyder stated that Bob Wanat, a member of public works has recently resigned, she wished him the best of luck, and they hired a new member, Jeff Benedetto, who will be starting the beginning of January.
She congratulated Braiden Sunshine on his homecoming, and stated that the BOS signed a proclamation naming last Friday Braiden Sunshine day.
First Selectwoman Reemsnyder stated that she started her draft list for the town meeting: annual report, citizen of the year, acceptance of Blackwell Lane Ext. as a town road, C-PACE Program, and possibly the resolution for the ICE grant application, and a presentation/update on the boathouse. She asked if the BOS would like to consider moving the Town Hall Meeting to the middle school.
Selectman Sibley asked if there was a cost associated with moving the meeting to the middle school?
First Selectwoman Reemsnyder replied, that after 9pm they could be assessed a fee, less than $100.
Selectman Sibley and Selectman Nosal both agreed that moving it to the middle school would make sense.
Selectwoman Nosal wanted to recognize a few high school awards: the LOL volleyball team for their Outstanding Sportsmanship Award, and the (CAPSS) Superintendent/Student Recognition Awards given out to Hattie Wilczewski and Brett Hartmann.
Selectwoman Nosal stated that they all received an email from Peter Cable regarding the Northeast Corridor (NEC), rail transportation plans to update the Amtrak rail, and there are 3 proposals that they are looking at, one which may take the new railroad bridge through the gateway area of Old Lyme. The other 2 proposals are much more extensive and expensive, but would not include Old Lyme. She stated that they might want to talk to someone from the RiverCOG, they have until the end of January to raise any concerns.
Selectman Sibley asked if the sanitation transfer station contract could be an agenda item for January, because the contract would have expired by then.
First Selectwoman Reemsnyder replied that she has had a conversation with the operator of the septage transfer facility, and requested that he not consider the assets abandoned for at least another 30 days because they are trying to work on this.
- Adjournment: A motion was made by Selectman Sibley, seconded by Selectwoman Nosal to adjourn at 9:24 pm. Motion passed.
Donna Glaras
12/23/2015
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