TOWN OF OLD LYME
BOARD OF SELECTMEN
REGULAR MEETING MINUTES
The Board of Selectman held a Special Meeting at 7:30 pm on January 3, 2017 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectman Bonnie Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Skip Sibley were present.
December 12, 2016 Special Meeting Minutes
Selectman Sibley requested the following change:
Page 3, #3 to include:
Selectman Sibley stated that after careful consideration of the evidence and testimony presented, he moves that the Board of Selectmen authorize First Selectwoman Bonnie Reemsnyder to issue a written denial of the pending grievance at Step Two. Seconded by Selectwoman Nosal.~So voted. Add: Following the vote, Attorney McHale collected the previously distributed binders.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve the minutes of the December 12, 2016 Special Meeting as amended. Motion passed.
December 19, 2016 Regular Meeting Minutes
Selectwoman Nosal requested the following change:
Page 4, under item iii to read:
iii. LED Light Project – approve $130,000 allocation –
First Selectman Reemsnyder noted she will be going to the BOF meeting tomorrow night to ask them to approve to a Town meeting the amount not to exceed $130,000.
Selectman Sibley requested the following change:
Page 5, last paragraph (Other) to read:
A staff person reported to him that there was a meeting questioning what the Planning Commission was doing. The meeting included; Bonnie Reemsnyder, Jane Cable, Zoning Chair, Diana Atwood Johnson, Open Space Chair and Selectwoman Nosal.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve the minutes of the December 19, 2016 Regular Meeting as amended. Motion passed.
First Selectman Reemsnyder acknowledged a letter she received from the Old Lyme Learning Center, thanking her for allowing them to use the Town Hall for their Holiday Home Tour. They had a great turn out and it was a very successful fund raiser.
She thanks them for the very gracious letter and will forward a copy on to each of the selectman.
3. Appointments: None
4. Old Business:
- Boathouse Hains Park Improvements
First Selectman Reemsnyder reported that since the last meeting the siding has been completed. Volunteers moved the boats into the Boathouse onto their temporary racks last Friday and she thanks all the volunteers for their work on this.
The storage containers have been emptied and the containers are scheduled to be picked up today. The temporary fencing has also been removed.
She requested that Ed Adanti remove the docks from the water and he indicated they will be removed tomorrow.
She has also reached out to Ian Neviaser asking him where they stood with the Boathouse lease; he is reaching out to his attorney to determine the status. First Selectman Reemsnyder hopes she will get this back within a day or two so she can share it with everyone as they have discussed and get it finalized. While speaking with them she invited Ian and John Rhodes for a tour of the new Boathouse and they accepted. She will reach out to them again to schedule this.
She would also like to thank Paul Fuchs and especially Paul Gianquinto for all their hard work on this project.
Selectman Sibley added he was at the boathouse today and can confirm the storage containers have been removed. The permanent racks are still in transit and will hopefully arrive soon, the sheetrock has been installed, taped and sanded and they have begun painting. He is still concerned about the trees. First Selectman Reemsnyder reported she has received a quote for their removal of approx $1200 and the contractor feels it would be best to remove the trees after all the construction is completed.
Selectman Sibley gave an update on the Fundraising Committee progress to date. They are now up to $75,000 total. The committee will meet either later this month or early February to discuss finalizing and closing the fundraiser possibly in March.
- Rte. 156 Bikeway/Sound View Improvements
The Committee has not met since the last meeting and the project is on Winter shut down, so there is nothing to report.
- Administrative Order/WPCA Update
The WPCA has not met since the last meeting and there is nothing to report.
- Discussion on Troop F Recommendation for two Troopers
First Selectman Reemsnyder began by giving an overview of the recommendation made by Lt. Johnson from Troop F for Old Lyme to consider going to a 2 Trooper and 4 Constable policing model. At the last meeting, Lt. Johnson explained the rotating schedule and feels that having a second trooper working evenings only, with five days on and three days off, will allow for more coverage during the evenings and provide more supervision and direction for the OL police officers. He also added some of the other advantages which included; coverage of replacement for cars and equipment that may need to be replaced, the ability to pull other troopers from other areas if necessary.
First Selectman Reemsnyder added she has received an email from Trooper Inglis letting her know that there will no longer be TDY Troopers available to the Town. She questions this, but would need to look into it further.
She also noted that Trooper Inglis has requested a transfer which has been granted, however he will stay in Old Lyme until his replacement has been determined. Applications for this position are due by January 20th and after that time they will begin the hiring process including interviews.
First Selectman Reemsnyder gave a list of Pro’s & Con’s to having 2 Resident Troopers and 4 police officers.
Pros include having automatic replacement of the trooper should one leave, less capital expense for equipment and car replacement, permanent night trooper supervision
Cons include the high cost, which is a deterrent, 70% for salary & over 90 % for fringe benefits; during the summer having 6 police officers is an advantage, as the resources are fewer with 4 police officers when covering for sick and vacation time; if we stay with 6 officers and decide they want to implement an overnight shift they would be able to do that. This would not be feasible with only 4 officers, and the OL police officers union has expressed they feel 6 officers is the right fit for Old Lyme.
Selectwoman Nosal sees the pros and cons but would like to see the actual costs of the two different models discussed along with the possibility of a shared trooper. She feels whichever model is chosen it is very important for there to be community policing; someone who is familiar with the community, especially Sound View and can respond to the residents’ concerns and support the rangers.
First Selectman Reemsnyder added that she has requested the data and #’s from the Resident Trooper.
Selectman Sibley added he agrees with Selectwoman Nosal that it is important to see the data and the schedule worked this past summer especially the week-ends. He also noted that it was the consensus from the beach area residents that coverage was not adequate this past summer. He also noted he was a little surprised at the last meeting when he heard about officers refusing overtime. He also raised the issue of the challenges of hiring p/t officers is variable, that when they went from a 2-4 to a 1-6 model in the past it was for safety reasons, and of course the costs. Once they have all the data they should be able to estimate the cost of each model based on last summer’s costs. He also suggested the possibility of putting together a small committee of 3-5 people to work on this.
First Selectman Reemsnyder responded to a couple of the questions raised. She has requested the data from the Resident Trooper (summer schedule and monthly report of calls, crimes, moving violations and DUI’s), and the Finance Department and hopes to have this information for the next meeting. Regarding the over-time; the two officers who left were the two that took advantage of the overtime, some of the remaining officers are not interested and not required to accept overtime. She agrees with his statement that part-time officers are variable and not a given. She also agrees that they should be able to come up with the cost of a second trooper based on the 2016 data, however there is still the variable of the cost of the specific trooper based on pay grade. They also discussed the rotating schedule and the impact it has on the number
of officers on duty including times when there is no one on duty.
Regarding forming a small committee, First Selectman Reemsnyder suggested that possibly a special committee would be ok, but feels this needs to stay under the purview of the BOS.
After further discussion, the BOS agree it is important to look at the data and schedules and continue this conversation. They also agree it would be a good idea to invite Trooper Inglis to attend the BOS meeting to review the data with them and answer any questions they have.
Selectman Sibley asked how many applications have been received for the current officer positions now that they have passed the deadline and if there was any timeframe on hiring. First Selectman Reemsnyder replied she has received a lot of applications however they were not required to have POST certification and many of the applicants do not. The next POST certification class is not scheduled until July, which is too late for our summer season. Once she receives the spread sheet on the applicants, she will begin the reviewand make a decision on who tointerview. Once the BOS has made their decision on which policing model to adopt they will be able to begin interviews.
First Selectman Reemsnyder announced that it was official today that Trooper Inglis transfer was approved and he will remain on duty until his replacement is found.
5. New Business:
First Selectman Reemsnyder noted the next item on the agenda was to review the call of the Annual Town Meeting scheduled for January 23, 2017 at 7:30PM in the Middle School auditorium. She reviewed the call of the meeting.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to add two new items to the agenda - To approve the increase for the Academy Lane Fire Dock allocation to $110,000 and To approve the allocation of $33,000 to purchase a new Ford Explorer (to replace 2003 Ford Expedition) for the Public Works Department. Motion passed.
- To approve the increase for the Academy Lane Fire Dock allocation to $110,000.
First Selectman Reemsnyder reminded the BOS they had originally approved an allocation of $80,000. The BOF recommends increasing the allocation to $110,000 to allow for an increase in the thickness of the steel sheeting. The BOS discussed and concurs.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to approve the increase in the Academy Lane Fire Dock allocation to $110,000. Motion passed.
- To approve the allocation of $33,000 to purchase a new Ford Explorer (to replace 2003 Ford Expedition) for the Public Works Department.
First Selectman Reemsnyder gave an overview of how the Public Works department came to have the Ford Explorer through a series of hand me downs and reported it is 13 years old and no longer drivable. The Public Works Superintendent has put in the capital budget request for a new Ford Explorer. It was brought to his attention by the BOF specialist that there is $26,000 left over in the salt shed account and $8,000 left over in the floor replacement account. After speaking with the Finance Director and the BOF Chair, they thought it would be a good idea to get this on the call for the upcoming Town Meeting. This still needs to be approved at the Jan. 17th BOF meeting, but if it is not approved, it can be tabled at the Town Meeting. This would allow for the purchase of the Ford Explorer with funds that
were under spent, eliminating the additional capital expense from this year’s budget. The BOS discussed this, including having a pickup with open bed versus a closed vehicle and trusts the Superintendent’s request for the Ford Explorer.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve the allocation of $33,000 to purchase a new Ford Explorer for the Public Works Department. Motion passed.
- Annual Town Meeting; January 23, 2017 – approval of call of meeting
- Accept Annual Report
- Academy Lane Fire Dock – approve $110,000 allocation
- LED Light Project – approve $130,000 allocation
- Citizen of the Year
- Public Works Dept. – approve $33,000 allocation to purchase a new Ford Explorer (to replace 2003 Ford Expedition)
Selectman Sibley read the WARNING OF TOWN OF OLD LYME ANNUAL TOWN BUSINESS MEETING.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve the call of the January 23, 2017 Annual Town Meeting as read. Motion passed.
- FRA NEC Future Final Environmental Impact Statement
First Selectman Reemsnyder provided an update on the FRA Final Environmental Impact Statement (FEIS), which was published in late December. The preferred alternative contained the bypass from Old Saybrook to Kenyon, RI with one change, a tunnel from Old Saybrook and possibly exiting around Whippoorwill Rd., however the plans are not that detailed. The FEIS specifically states that the line on the map is representative, which makes it even more uncertain of what is going to happen. The bypass has been a big concern with residents, state officials and all the CEO’s from Old Saybrook to Kenyon, RI.~
On December 22nd, Senator Blumenthal came to~Old Lyme~to speak with the residents and he reiterated his feelings on the bypass, stating he will continue to fight it. During the presentation, First Selectman Reemsnyder asked if he would be having conversations with the proposed new US DOT Secretary and he replied that he would definitely be bringing this topic up for discussion. The primary goal is to get the line on the map removed as it has caused harm to the community already with home sales in the Historic District slumping because of the line on the map.~
To provide an appropriate response to the FRA, First Selectman Reemsnyder has been working with a strategy team who are reviewing the FEIS, and identifying possible defects in it. One community member, with experience in the NEPA process, has pointed out that the change from an aerial structure to a tunnel is a substantial and material change that should have required an amended draft EIS and another public comment period. Another defect was that after the EIS draft was published there were no public hearings in New London or Middlesex County which are both significantly impacted by the bypass. The team is also addressing environmental impacts the plan will have on the Connecticut River Estuary and the marshes.
They have connected with a firm from Washington DC whose specialty is transportation, and in particular railroads. They may utilize this firm for some help on submitting their comments to assure they have covered all the high points.~
The team is developing pre-printed and addressed postcards (with a list of concerns and defects) for people to review, sign and send to the FRA. After the meeting with Senator Blumenthal, First Selectman Reemsnyder added to News and Announcements on the Town website a “What you can do to help” section. This included suggested language for emails to info@necfuture.com (link included), and a reminder to subscribe to News and Announcements to keep engaged and informed. First Selectman Reemsnyder reiterated it is unclear what the comments will result in because in the FEIS it states that the FRA is not required to respond to or acknowledge the comments.
The team continues to reach out to experts in their fields including: Daniel McKay from CT Trust, John Forbis, Chairman of the Historic District Commission, the archaeological aspect is being worked by John Pfeiffer and the cultural by Jeff Anderson, the Executive Director of the Florence Griswold Museum. This effort will be compiled into one letter from the Town. First Selectman Reemsnyder extended her thanks to John Forbis and BJ Bernblum for their work on reviewing the very large document.
The BOS continued to discuss the defects, the importance of requesting an extension for the comment period which currently ends on 1/31/17, Senator Blumenthal’s acknowledgement of the leadership of the CT team, and the need for residents and individuals, including the BOS, to send in comments. A joint BOS response was suggested for consideration. First Selectman Reemsnyder will keep the BOS posted on the strategy team’s progress. ~
6. Public Comment: None
7. Other Business:
First Selectman Reemsnyder reported the grant application for a survey has been sent into SHPO. She will continue to work on getting someone from SHPO to attend a BOS meeting to do a presentation. She also noted there is a process they go through with advertising the RFQ to hire someone to actually perform the survey.
First Selectman Reemsnyder addressed a question Selectman Sibley had at the last meeting regarding the FOI and the meeting that was held in the Selectman’s office. She reached out to Tom Hennick of FOIA Commission and he agreed with her assessment, that because we were talking about Town business the meeting in her office, which included Selectwoman Nosal, should have been posted. As she mentioned at the last meeting the FOIA has grey areas by design. Any time you speak with Tom Hennick, he is going to give the strictest interpretation. It is also important to note that previously she had asked a question of the Town Attorney regarding something else and he had spoken with the municipal Attorneys in the office and they acknowledged that the FOIA is strict and they have to be careful about posting meetings. However, they
noted that “all town officials have discussions, and it would be hard to get anything done without them”. First Selectman Reemsnyder indicated the most important point is that all members of Boards and Commissions need to be careful not to make decisions outside of meetings and try to have robust discussions during meetings.
She also noted that when Tom Hennick came to do a presentation for the Senior Center recentlyshe learned that public comment is not required at meetings, it is at the discretion of the board, though she would not suggest leaving public comment out.
Tom also said that the Agenda is to be determined by the board holding the meeting and they are not required to add an item requested or demanded by a citizen, nor do they have to attach anything simply because it is requested by a citizen.
First Selectman Reemsnyder followed up on Selectwoman Nosals request for an update on the Jr. Women’s Club playground request. She gave her a copy of the approved permit which has a note on the bottom from the Zoning Enforcement Officer recommending the soil be evaluated to see if it is stable enough to support the equipment.
She suggested they may want to consider doing some soil samples to determine if this is the best location for the playground. He was concerned that even if footings were put in, some of the equipment might sink.
With the approval of the permit, a survey would not be needed.
Soil testing could be put on a future meeting for discussion and First Selectman Reemsnyder will look into where the funds would come from for the soil/ground testing.
First Selectman Reemsnyder reminded everyone they have budget meetings on January 9th, 23rd and 30th all at 4:00 pm.
Selectman Sibley thanked First Selectman Reemsnyder for following up on the FOI discussion. He suggested the meeting he and First Selectman Reemsnyder had regarding the Boathouse with the Architect and the Co-Chair probably should have been posted as well.
Selectman Sibley asked if there were different rules for two Selectmen of the same party affiliation holding a meeting vs. two Selectmen of different party affiliation. First Selectman Reemsnyder stated that question had been asked previously and two members of the same party affiliation meeting together could be a caucus, though if you invite anyone else into the meeting, it is no longer a caucus.
Selectman Sibley stated that if they provide the SV Commission Chair with the list of information he requested, this information would be helpful with their discussion regarding the possibility of going to the 2-4 trooper model.
First Selectman Reemsnyder repeated that she has requested the data from the Resident Trooper.
Selectwoman Nosal asked what First Selectman Reemsnyder thought their budget discussions would look like in light of the loss of 23.8 % of their ECS and LOCIP funding.
First Selectman Reemsnyder replied that she has passed the information on to the Finance Director and the Chairman of the BOF so they could see for themselves what the cuts were. The good news is that we did not budget ECS funds this year because we were very unsure if we were getting these funds at all.
First Selectman Reemsnyder’s biggest concern is with the State dictating what towns must fund on a percentage or per capita basis and telling towns not to approve a budget with an increase of more than 2.5 percent. While the Town works very hard on the budget, and this board would not want to increase the budget by more than 2.5%, if the Town were experiencing special circumstances, it should not be up to the state to tell us they are going to punish us.
Selectman Sibley noted it would be important to share this information with their partners at District 18 and First Selectman Reemsnyder replied the district was copied on it so they have the information.
8. Executive Session: None
9. Adjournment:
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to adjourn at 9:29 pm. Motion passed.
Respectfully submitted,
Patti Broedlin
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