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Board of Selectmen Minutes 06/06/2016
TOWN OF OLD LYME
BOARD OF SELECTMEN
REGULAR MEETING MINUTES

Meeting Date:~~~Monday 6 June 2016 – 7:30 PM~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~
Location: ~~Meeting Hall, Old Lyme Memorial Town Hall

1. ~~Approval of Minutes:~~~~~~~16 May 2016
Selectwoman Nosal requested the following changes to the minutes:
Page 1 4B to read:
First Selectman Reemsnyder reported the selection committee made their final selection and passed it onto ConnDOT for approval.  It has been approved and the inspection opportunity was offered to WMC (Wengle, McDonnell and Costello). VHB organized the scoping meeting with Chris Faulkner and James Kulpa from VHB and two representatives from WMC, Steve McDonnell and Stuart Greacan, along with Selectwoman Nosal and First Selectman Reemsnyder to discuss the scope of the work and VHB requested the man hours. The inspector will be onsite every day the Construction Firm is to ensure the quality of work and materials is met. Ed Adanti will serve as Town Manager.
As of today the final plan is 98% plus complete and awaiting approval by DOT.

Page 3 first paragraph to read:
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to support the preparation of the nomination to move forward in the process to prepare the nomination of Sound View Beach in Old Lyme, CT to be nominated for consideration on the Historic District National Registry. Motion passed. Selectman Sibley Abstained.
Page 4 e. the last sentence of to read:
The BOF Chair also agrees this is a good opportunity and it is on the agenda for the BOF meeting tonight.
Replace Spellacey with Spellacy

A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve the minutes of the May 16, 2016 Meeting minutes with amendments. Motion passed.

2. ~~Communication:~~None
~~~~
3. ~~~Appointments:~~
Rachel Gaudio (U) – Conservation Commission – 3 yr. term to Jan. 2017
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to appoint Rachel Gaudio to the Conservation Commission for a 3 year term to expire in January 2017. Motion passed.

Russell Gomes (R) – Old Lyme Area Cable Advisory Council – 2 yr. term to Jan. 2017
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to appoint Russell Gomes  to the Old Lyme Area Advisory Council  for a 2 year term to expire in January 2017. Motion passed.

A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to move item 5C up on the Agenda. Motion passed.

  • Town Hall Debt refunding opportunity/resolution
First Selectman Reemsnyder gave an overview of the discussion of the last meeting and an update on the opportunities available to issue refunding bonds through a bank. Barry Bernaby, Financial Advisor, has explored opportunities and was able to find a rate of 1.5% with TD Bank to refund the bonds. This is a very good rate and would provide the Town with substantial savings. She also noted that adopting the resolution does not commit the Town to refinance if the rates changed .
The Town Treasurer, Timothy Griswold, gave an overview of the original bond. He then gave an overview of the costs and fees associated, and the process. He feels it is important the Town move on this to secure the 1.5% interest rate. He also noted the term and payments will remain the same and provide for a substantial savings over the nine years. Mr. Griswold also felt it was important to note the Towns triple A credit rating is significant. He is in support of the Debt refunding opportunity and approving the resolution.
After further discussion it is the consensus of the BOS this is a good opportunity for the Town.
First Selectman Reemsnyder read the resolution:

TOWN OF OLD LYME, CONNECTICUT
BOARD OF SELECTMEN


RESOLUTION WITH RESPECT TO THE AUTHORIZATION, ISSUANCE AND SALE OF NOT EXCEEDING $3,000,000 AGGREGATE PRINCIPAL AMOUNT OF TOWN OF OLD LYME GENERAL OBLIGATION REFUNDING BONDS


WHEREAS, Section 7-370c of the Connecticut General Statutes provides authority for any municipality to issue refunding bonds for the payment, funding or refunding of bonds, notes or other obligations previously issued; and

WHEREAS, Section 7-370c provides that such refunding bonds shall be authorized and issued by resolution of the legislative body of the municipality; and

WHEREAS, the Town of Old Lyme, Connecticut (the “Town”), desires to refund all or any portion of any one or more series of the Town’s outstanding general obligation bonds (the “Prior Bonds”).

NOW THEREFORE, BE IT RESOLVED,

(1)     That the Town issue its general obligation bonds in the aggregate principal amount of up to $3,000,000 (the “Bonds”) to refund certain of the Prior Bonds and to finance such additional amounts as are needed to pay all fees, costs, expenses and redemption premium, if any, in connection with the refunding of the Prior Bonds and the authorization, issuance and sale of the Bonds, including, but not limited to, legal, advisory, printing and administrative expenses, underwriter’s discount, and expenses in connection with credit enhancement, if necessary, and the proceeds of the Bonds be appropriated for the foregoing purposes; provided, however, that the refunding of the Prior Bonds provides a net debt service savings to the Town and that the amount of the Bonds issued does not exceed the amount needed to refund the Prior Bonds and to pay the costs authorized herein.

(2)     That the First Selectman, or a majority of the Board of Selectmen, and the Treasurer (the “Officials”) are hereby authorized to determine the date, rates of interest, principal payment amounts, maturities, dates of principal and interest payments, the form of such Bonds, the provisions for protecting and enforcing the rights and remedies of the holders of such Bonds and such other terms, conditions and particular matters regarding the Bonds and the issuance and securing thereof, all in accordance with the Connecticut General Statutes, and to take such actions and execute such documents including, but not limited to, a contract of purchase, to provide all supporting documentation as may be necessary or desirable to accomplish such purposes and to comply with the requirements of the Internal Revenue Code of 1986, as amended, U.S. Securities and Exchange Commission Rule 15c2-12, and any other applicable provision of law thereto enabling.  The Bonds authorized hereby shall be general obligations of the Town secured by the full faith and credit of the Town.

(3)     That the Bonds shall be signed by the Officials either by their genuine signatures or by facsimiles of such signatures printed on the Bonds and that the law firm of Updike, Kelly & Spellacy, P.C., Hartford, Connecticut, is designated as bond counsel to render an opinion approving the legality of the issuance of the Bonds.

(4)     That the Officials are hereby authorized to designate a bank or trust company to be the certifying bank, registrar, escrow agent, transfer agent and paying agent for such Bonds; to provide for the keeping of a record of the Bonds; to designate a financial advisor to the Town in connection with the sale of the Bonds; and to designate an underwriter or purchaser in connection with any negotiated sale and purchase of the Bonds.

(5)     That the Officials are authorized to sell the Bonds at a public or negotiated sale; to deliver the Bonds and to perform all other acts which are necessary or appropriate to issue the Bonds; to make representations and covenants on behalf of the Town for the benefit of the holders of the Bonds to provide secondary market disclosure information in accordance with U.S. Securities and Exchange Commission Rule 15c2-12, as it may be amended from time to time, including, but not limited to, executing and delivering a continuing disclosure agreement; their respective approvals to be conclusively evidenced by their signature on any such agreements relating thereto.

(6)     That the Officials are authorized to refund the Prior Bonds from the proceeds of the Bonds and other moneys as they may determine to make available for this purpose, and to defease the Prior Bonds by executing and delivering an escrow agreement in such form and upon such terms as they shall approve, such approval to be conclusively evidenced by their execution thereof.

(7)     That the Officials are hereby authorized on behalf of the Town to make such representations and covenants for the benefit of the holders of the Bonds which are necessary or appropriate to ensure the exemption of interest on the Bonds from taxation under the Internal Revenue Code of 1986, as amended, including, but not limited to, covenants to pay rebates of investment earnings to the United States in future years; their respective approvals to be conclusively evidenced by their signature on any such agreements relating thereto.

(8)     That the Officials be authorized to designate other officials or employees of the Town to take such actions and execute such documents, as are determined to be necessary or advisable and in the best interests of the Town in order to refund the Prior Bonds and to issue, sell and deliver the Bonds, and that the execution and delivery of such documents shall be conclusive evidence of such determination.

A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to adopt the debt refunding resolution as read. All in favor 3, opposed 0. Motion passed.

4. ~~Old Business:
  • Boathouse Hains Park Improvements
First Selectman Reemsnyder reported that the project has been advertised and there will be a pre-bid site meeting on Wednesday morning.                                                                                                                    Co-Chairman Paul Gianquinto gave an update on the last meeting of the Hains Park improvements committee meeting and the progress to date. All of the paperwork is complete, Garcia & Milas have reviewed all of the documents and DEEP has given authorization to issue the documents.                          He also noted some key dates:
  • June 1st pre-bid walk through for interested contractors
  • June 8th Mandatory pre-bid walkthrough at Haines Park
  • June 10th deadline for submission of the RFI’s
  • June 14th responses will be posted
  • June 21st  Bids due for public opening
  • June 23rd review the bids
  • June 27th review the scope of work on the two lowest bids
  • July 6th Award the contract
  • August 8th Begin construction
  • Oct. 31st Have the rack system for the boat storage ready
  • December 1st completion of the Boat House
Selectman Sibley noted the committee has also done extensive planning for emptying the boathouse, storage and safety fencing. Paul Gianquinto added the construction firm has also been instructed to plan for additional fencing as well. Selectwoman Nosal noted how impressed she was with how organized the committee has been with throughout the planning process.
  • Rte. 156 Bikeway/Sound View Improvements
First Selectman Reemsnyder reported she has been communicating with the liaison for VHB to see where things are in the final design. DOT has completed their review, and VHB is working with Steve McDonnell from WMC on their proposal.
They have been looking at the project man hours and rates previously approved by DOT.  The revised total cost for the project is now $813,000, which is up from the original $750,000. DOT will increase funding based on the $813,000 estimate. First Selectman Reemsnyder asked if the BOS is in support of funding the additional $12,400 which is the 20% town share. The increase is due to requirements that must be met. She also noted that they expect to come in under budget due to items being taken out of the project. First Selectman Reemsnyder indicated that we would go to the Town Meeting for the full amount; with 80% grant reimbursement and 20% funded by the Town. In addition, she has had a conversation with the Town Attorney who finds all the documents to be in order for all parties.  Selectwoman Nosal reported there will be a special meeting tomorrow to review the bid documents.  There is one document where there was a conflict of language; they are also waiting on a document from the inspector firm; the state has revised their inspector agreement; WMC will complete their agreement and send it to the town for review.  These items need to be in place before they can go out to bid. The target is to be able to go out to bid in June and begin construction right after Labor Day.   Selectman Sibley stated he understood the reasons for the increase, but thought there was a 25% contingency to cover increased expenses. Selectwoman Nosal stated that the initial Inspections costs were under estimated.                                                                                                                                           After further discussion it is the consensus of the BOS to continue on and complete this project.
  • Administrative Order/WPCA Update
First Selectman Reemsnyder reported there has not been a meeting of the WPCA since the last BOS meeting. There was a meeting at the CT DEEP on May 26th which she attended along with Rich Prendergast, Chairman of the WPCA, Carlos Esguerra,  from DEEP, other members of DEEP,  and Jay Sheehan from Woodard and Curran to discuss the testing of Hawks Nest Beach. The testing would focus on the ground water in several different areas. Testing would occur approximately 5-6 times a year primarily during peak times as well as some testing during the off season times. They are supportive of collecting data, and the Town made it clear the costs for the testing needed to be reasonable. The testing will be eligible for the 55% reimbursement through the clean water funds. The WCPA continues to work on this and there will be more information at the next WPCA meeting.   The task force will follow-up on this within a couple of days after the meeting. There was further discussion on communicating with the Hawks Nest residents as well educating them on the testing process/plan and the specific tests. Also discussed were the possible locations of the pump station which include the town parking lot or a property on the corner of Portland Ave. and Pond Avenue, as well as the impacts it will have on Town and the Private Beaches. There has been no commitment on a site and they continue to look into possibilities.
  • Town Budget Meeting
First Selectman Reemsnyder reported the Budget and all items on the agenda passed at the May 16, 2016 Town Budget Meeting. She commended the BOS & BOF for all of their hard work on the budget.  She will continue to look for ways to save money.
  • ~Sound View/Hartford Ave. Historic District
First Selectman Reemsnyder reported a letter went out last week to Douglas Royalty of the State Historic Preservation office documenting the support of the Old Lyme BOS. A copy was given to the Sound View Commission so it can be shared at the next meeting.        
  • Memorial Day 2016
First Selectman Reemsnyder reported the Memorial Day Parade was cancelled due to the weather. There was a wonderful ceremony held at 11 AM at the Lyme Old Lyme Middle School. They still had the songs, essays and the Veterans present. Merv Roberts was able to attend and read the invocation and a homily. She thanked the fire department for all of their hard work and dedication to this event.
Sound View was busy Saturday and Sunday with a full contingent of rangers. Everything seemed to be going well, though there were a few incidents which Frank Pappalardo will comment further on during the Public Comment section of the meeting.  Selectman Sibley was pleased with the coverage in Sound View on Saturday and Sunday. The Resident State Trooper was on duty and Selectman Sibley felt this set the tone for the summer and he saw improvements from previous summers.
5.~ New Business:
  • Private Duty Rates for Police Services ~
First Selectman Reemsnyder recommended the BOS consider approving an annual increase in the Private Duty Rates for Police Services to cover costs. Private Duty Police services are primarily used for traffic control for utility companies such as Eversource or the phone company. They are also used by non- profits for events.  The current rates are: $65 per hour with a $25 daily fee for the car, the increase would be to $70 per hour with a $25 fee for the car. The fee for non-profits is currently $51 per hour with a $25 daily fee for a car; the increase would be to $60 per hour with a $25 fee for a car. The Town does not make money from this service; the increase would just be to cover the costs; FICA and Medicare with minimal revenue.  Selectman Sibley asked if the fees covered all of the additional costs including medical insurance, pension etc.  First Selectman Reemsnyder stated the medical insurance is covered under the officer’s regular pay and will look into the pension portion of this. She will add this to the next meeting agenda for further discussion and to answer questions.
  • FD/EMS Pension Cte Charge
First Selectman Reemsnyder reviewed a copy of the Draft OL Fire Dept., Inc. OL South End Volunteer Ambulance Assoc., Inc., Pension/Incentives Committee charge:
The charge of the committee is to review the pension plan and related services of the Volunteer Incentive Pension, benefitting individuals who meet the point requirements as volunteers for Old Lyme Fire Dept. and the Old Lyme South End Ambulance Association.
This will include but not be limited to:
  • Review Pension Funds Annually
  • Review Plan Documents as required by the IRS policy
  • Review other Benefits as needed,  including insurance coverage for accidents, medical and disability
  • Performance review of the Plan Administrator
  • Make recommendations to the Board of Selectman
The committee will be comprised of two members from the OLFD, one of which will be the Plan Trustee for OLFD; two members from the OLSEVAA, one of which will be the Plan Trustee for OLSEVAA; the Town of Old Lyme Plan Trustee (First Selectman); and the Finance Director of the Town of Old Lyme. The committee must meet all FOI requirements with respect to the posting of agendas and minutes.
It is the consensus of the BOS this is ready to move on for further review and input from the incentives Committee.
  • Town Hall Debt refunding opportunity/Resolution – moved up on the agenda
  • Special Town Meeting for June/July
First Selectman Reemsnyder gave an overview of the agenda for a Special Town Meeting in June/July and has put together an Agenda including:
  • Approval of construction costs for SV project
  • Approval of Queen Anne Court as town road pending the completion of required improvements.
  • There may be a need for easements – this will be discussed further in the Exec. Comm. Meeting
  • Other possible items – none at this time.
  • Special Meeting BOS/BOF on June 13 at 5:30 PM to discuss Health District~
First Selectman Reemsnyder reported there will be a Special joint meeting of the BOS & BOF on Monday, June 13, 2016 at 5:30PM. Steve Mansfield from Ledge Light Health District will come to do an initial presentation and answer questions. This is an opportunity to explore the option, what it will offer the town and the cost of participating in a health district. Should the Town decide this is what they would like to do there would be a required public hearing. Selectwoman Nosal asked if they should be working on a list of what will be offered such as; services and salaries by the Health District.  She feels it would be a good way to show the benefits and savings this may offer. First Selectman Reemsnyder indicated she is working on a spread sheet and hopes to have it available for the meeting.   Selectman Sibley recommends the Health Director, Dr. Sikand and John Flower be invited to attend.
  • Sea Level Rise Forums begin this week    
First Selectman Reemsnyder reported the first of three ‘Climate Change’ forums related to Old Lyme’s~beach communities’ strengths and vulnerabilities organized by the Environment Committee of the First Congregational Church of Old Lyme will be held on Thursday, June 9 - 6:30 to 8 p.m.  The first speaker will be Marine scientist Dr. Frank Bohlen who will discuss the storm vulnerability of Old Lyme.
~The forums will be held in the Old Lyme Town Hall and will include ample time for question and answers.                                                                                             

6. ~~Public Comment:
First Selectman Reemsnyder opened the meeting to Public Comment and stated any/all responses will be made at the end of the public comment session.
Frank Pappalardo, Chair of the Sound View Commission gave an over view of the Memorial Day week-end in Sound View. He noted that the police and rangers were out in force and that Sound View is a work in progress. Although there were a few complaints from residents, it seemed to be a good week-end. He has been in communication with Trooper Inglis and Officer Solari and feels that it is important to keep the pressure on and continue to keep a close eye on things.

Roger Breunig of Grassy Hill Road expressed his concerns over the weeds in Roger Lake in front of his property. He has sent updated pictures to the BOS members daily. He stated the weeds grow a couple of inches a day and he and his neighbors can’t boat or swim in their front yards. He would like an update on the bids and status on that. There is a Rogers’s lake authority meeting this week and he would like to be able to share any updates with the residents. He has spoken with Scott Fisher and Bill Forman from CT DEEP.

Todd Machnik from Mile Creek Road is here to encourage the town to remain with a Sanitarian over a Health District. He feels that a Sanitarian can offer the town a more personal service versus a government agency. He knows it may take longer for the town to find someone, but he has every confidence the BOS could find the right person.

First Selectman Reemsnyder commented on the weeds in Rogers Lake. She gave an update on the progress. The communication between the consultant, Ralph Eno and herself is primarily between them. Any outside information may not be accurate. The Town did not receive any bids on the initial project request so they had to go out and solicit a company. The Town has named a company to be put on the permit and she is awaiting the permit to see the specific requirements. They continue to work on this and are doing the best they can.
  
7. ~~Other Business:
First Selectman Reemsnyder gave an update on the Shore Line Times. They will cease delivery to the Town of Old Lyme as of 7/1/2016.

First Selectman Reemsnyder and all three Selectmen attended an Eagle Scout Ceremony and issued proclamations. There were four gentlemen who received this award; Danny Reid, Norman Main, Connor Carberry and Matthew Miller. These young men have completed intense projects.

First Selectman Reemsnyder Congratulated the Class of 2016 which will be graduating this Friday.

First Selectman Reemsnyder reported she met earlier this afternoon to discuss the upcoming Osprey Festival on June 18th with Frank Pappalardo, Tim Griswold from the Chamber of Commerce, and Resident Trooper Inglis.

Selectman Sibley noted a portion of the proceeds raised from the Osprey festival will be donated to the building of osprey nests and support the cause.

Selectman Sibley feels it is important to have the Memorandum of understanding with District 18 signed. We are close to having this completed, and he would like to see this as a priority. First Selectman Reemsnyder replied that this is something they have been focusing on for the past couple of weeks and it is a priority.

Selectman Sibley asked First Selectman Reemsnyder if there was any update on the Landfill closure grant. The $600,000 grant funds were finally received and deposited into the towns account last week.  

Selectwoman Nosal reported she attended a Democratic town committee meeting and the grant award was shared there. She read an excerpt from a letter she received from Jean A. Wilczynski, Old Lyme, Treasurer, Regional School District 18 Board of Education. “Kudos to Bonnie for her initiative and hard work in pursuing this type of grant opportunity for the Town of Old Lyme, and for encouraging members of her team to follow suit”.

Selectwoman Nosal asked if the roads would need to be repaved for the rumble strips being installed on a few streets. First Selectman Reemsnyder replied she didn’t think so but would need to check with Ed first.

Selectwoman Nosal asked if she had received feedback on the Emergency Medical Services Employee Manual. First Selectman Reemsnyder replied yes, she did not put it on this agenda because it was such a long meeting. This is something that should be looked at soon.

Selectwoman Nosal asked if they should start looking at the finance policies. First Selectman Reemsnyder will check with the Finance Director to see if she has made the changes they suggested, and ask if she can share that with them.

Selectwoman Nosal asked where they were with the Board and Committee Guide, she had one question that was unresolved and wanted to see if it had been resolved. First Selectman Reemsnyder will send a finalized copy to Selectwoman Nosal for her review.

A motion was made by Selectwoman Nosal, seconded by Selectman Sibley to enter executive session with Town Attorney, Marylin Clarke and Interim Sanitarian, George Calkins at 9:15PM. Motion passed.

8. ~~Executive Session:~Discussion concerning the performance and specific decisions by the former Town Sanitarian
The board came out of executive session at 10:20 PM. No votes were taken.
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9. ~~Adjournment:
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley to adjourn at 10:20PM.  Motion passed.



NOTICE: Messages to or from the Town of Old Lyme domain are subject to the Freedom of Information statutes and regulations.