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Board of Selectmen Minutes 08/20/2018


TOWN OF OLD LYME
BOARD OF SELECTMEN
MEETING MINUTES


The Board of Selectman held a Regular Meeting at 4:00 pm August 20, 2018 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectman Bonnie Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Chris Kerr were present.

  • Approval of Minutes:
29 June 2018 -Regular Meeting Minutes
Selectwoman Nosal requested the following changes:
Page 1. B. last sentences to read: The only concerns were with how the tariffs could affect the costs and WHAT if the company were to go out of business. After further discussion the BOS agrees should the company go out of business they would have options available to maintain or re-lease the project ASSET.
Page 2 item 5 a. the last sentence to read: GIVEN THE RESOLUTION TO THE ABOVE, The BOS approve the request and First Selectman Reemsnyder will reach out to get a specific number of parking spaces needed and the arrival/departure times for further discussion at the next BOS meeting.
Page 2 item b.  to read: First Selectman Reemsnyder reiterated their prior discussion on the date for the meeting and the BOS agrees the meeting will be scheduled for July 23rd at 7:30pm at the Middle School. She went onto address the call of the meeting and noted that item i. Authorization for 1.75 Million for library has been approved by both the BOS and BOF and is ready to go to the Town Meeting. She also noted item ii. Amendment to Harbor Mgmt Ordinance has also been approved by the BOS and is ready for the Town Meeting. She noted item iii. Town Lot and Lease is currently with the Attorney for review and hopes this can be reviewed and approved by the BOS at their next meeting (does not want to rush this AND ALLOW TIME FOR PUBLIC DISCUSSION). She suggests it be kept on the agenda. THERE WAS DISCUSSION THAT and if it is not ready they can table it at the meeting. SELECTMAN NOSAL STATED THAT SHE DID NOT THINK THIS WAS IDEAL. She also noted item iv. Solar Farm Land Lease documents are also with the Town Attorney for review and is hoping the BOS will be able to approve them at the next BOS meeting as well. She also suggests this be kept on the agenda and tabled at the meeting if it is not ready. The BOS discussed keeping these items on the agenda with the intention of passing them IF THEY ARE READY AND PUBLIC HEARINGS HELD. and tabling them if they are not ready.  They also discussed item v. SW and recycling Ordinance Amendment also with the Town Attorney for review and they agree this should be kept on the agenda as well. If needed the BOS will schedule a Special meeting prior to the Town Meeting.
The BOS also agree there will be presentations and/or committee members along with the Town Attorney present to answer questions on each of the items AT A TOWN MEETING.

A motion was made by Selectman Kerr, seconded by Selectwoman Nosal, to approve the minutes of the June 29, 2018 regular meeting minutes as amended. Motion passed.
16 July 2018 -Regular Meeting Minutes
Selectwoman Nosal requested the following changes:
The First Paragraph to read:
The Board of Selectmen held a Regular Meeting at 4:00 pm July 16, 2018 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectman Bonnie Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Chris Kerr were present.
The First Motion to read:
A motion was made by Selectwoman Nosal, seconded by Selectman Kerr, to table the approval of the minutes of the June 29, 2018 regular meeting to the next meeting. Motion passed.
Item 4. e. to read:
  • Solid Waste (SW) and Recycling Ordinance Amendment
First Selectman Reemsnyder reported she has no update at this time. She is waiting for the attorney to get back to her.
Other Business - 3rd paragraph to read:
Selectman Reemsnyder also mentioned that they have a paid intern working with them at the Town Hall this summer to assist with getting caught up on data input.
A motion was made by Selectwoman Nosal, seconded by Selectman Kerr, to approve the minutes of the July 16, 2018 regular meeting as amended. Motion passed.
12 July 2018 -Special Meeting Minutes
A motion was made by Selectman Kerr, seconded by Selectwoman Nosal, to approve the minutes of the July 12, 2018 special meeting. Motion passed.
A motion was made by Selectwoman Nosal, seconded by Selectman Kerr, to add two items to the agenda. 1. The appointment of Terry Lewis to the Harbor Management Commission, 2. Mr. Roger Davis’s request to purchase property. Motion passed.
2.Communication: None
3.  Appointments:  
  • Terry Lewis to the Harbor Management Commission as an alternate for a 4-year term expiring Jan. 2019
A motion was made by Selectman Kerr, seconded by Selectwoman Nosal, to appoint Terry Lewis to the Harbor Management Commission. Motion passed.
  • Offer to purchase property from Mr. Roger Davis
First Selectwoman Reemsnyder reported that she has received a $5,000 offer from Roger Davis to purchase the property on lot #16 on map #63 (Selectmen were given a copy of the map). The property is .16 acres and was attained by the Town of Old Lyme for nonpayment of taxes (foreclosure). The property has an assessed value of $4,300 and an appraised value of $6,200 with an approximate $100 - $150 annual tax revenue value. She has spoken with the Town Attorney and he stated because this was acquired by the Town due to nonpayment of taxes this does not need to go to a Town Meeting and the BOS can approve the sale.
Roger Davis requested the sale be a cash sale with a clear title. The BOS discussed the sale of the land, what was owed on the land when it was obtained, if anyone else may be interested and who would cover the title search and closing costs. Mr. Davis was present at the meeting and invited to join the discussion and is willing to cover the title search and closing costs.
A motion was made by Selectman Kerr, seconded by Selectwoman Nosal, to approve the sale of property to Roger Davis for $5,000 plus any additional costs for the closing and the title search. Motion passed.

4.   Old Business:
  • Town Meeting July 23, 2018 update
First Selectwoman Reemsnyder reported the appropriation of $1.75 million for the PGN Library renovations was approved with a vote of 104 to 30 and the Harbor Management Amendment to the Ordinance was also approved. She and the Selectmen also commented on what a good turn out there was for the meeting and the support the residents showed for the Library.
  • Hains Park Bathrooms – Committee
First Selectwoman Reemsnyder gave a short re-cap as to the status of the committee. She reported she has been in communication with Bob Dunn and he agrees to having Phil Parcak work with a small committee to complete the RFQ for the bath house.  Phil thinks it is a good idea to develop the RFQ geared to build and design companies who may be able to develop the spec sheets for the building. They already have a plan but need a company who can develop the specs for the work itself. They can also explore the possibility of using an architect to develop the specs for the RFQ and they feel this is something a small committee can decide. During their conversation, the BOS discussed the possibility of tearing down the building vs. rebuild, ADA access, safety precautions, stainless steel fixtures, utilizing other towns designs for ideas as well as keeping these in mind for future upgrades to White Sand Beach and the possibility of the new building inspector (non-voting member) working with the committee.
First Selectman Reemsnyder suggested they add an additional two to three new members to this committee and asked the Selectmen to send her recommendations.

  • Pump Station Lease
First Selectman Reemsnyder reviewed in detail the issues raised and her responses regarding the lease agreement.  There were eight issues raised including; They would like indemnification from the Town but they do not want to do a Phase II study – she is waiting for the Town Attorney to develop the language for this clearly stating limits of indemnification, The map included indicates they would like to have easements negotiated prior to the design – this is also with the Town Attorney because they cannot grant the easements without knowing where they are; The cost sharing agreement doesn’t include any language for an amendment for the future if the Town would want to join the pump station; How EDUS are being evaluated; The Sound View sewer project documents be included as a full amendment; They wanted the peak time to be changed to July 1st to Aug. 31st  - her response to this was that  the busiest times for Sound View  are mid-May to the end of August); Changing the date on the agreement.
First Selectman Reemsnyder asked if the BOS wants to add this to a Special BOS Meeting for a Town Meeting. She realizes they do not have the finalized lease yet, but they will need to be able to schedule a public hearing and advertise if they think this will be ready in time for the Town Meeting. The BOS discussed that many of the changes pointed out above seem like mostly clarification and language changes, but they want to be sure that it is done right, addresses all state statutes and that everyone is on board. They will discuss this further if they have a special meeting on Wednesday.

  • OL Force Main & Pump Station Borings Request
First Selectman Reemsnyder shared that Fuss and O’Neil Engineers, who are working for the Private Beach Associations, has reached out to her requesting permission to complete subsurface borings and probes in eight locations on Portland Ave. and two in the Town Parking lot (proposed land lease site). She and the Selectmen reviewed a copy of the map of the locations for the borings and probes. She has reached out to the Town Attorney to see if this would need to go to a Town Meeting or if the BOS could approve it. He agrees the BOS can approve it but suggested an agreement with the following included; A hold harmless, insurance certification, indemnity protection, obligation to restore, safety protocols, required permits and the dates the work will be performed.  The BOS also discussed getting an idea of how long the work will take (dates), are they planning on going deep enough to give them any information on flood water and if this will be helpful to potential bathrooms.
A motion was made by Selectwoman Nosal, seconded by Selectman Kerr, to approve Fuss and O’Neil to complete sub-surface borings and probes for the pump station with the conditions discussed. Motion passed.
  • Solar Farm Lease on landfill
First Selectman Reemsnyder reminded the BOS that the deadline for application for the ZREC grant is Sept. 7th. In order to apply for the grant, the Town needs to make a commitment to sign a lease and in order to sign a lease they will need to go to a Town Meeting for approval. She gave a brief overview of the companies they have heard from, the annual income from the lease, the maintenance & upkeep, dismantling after 25 years and the possibility of residents getting credits towards electric bills. She reiterated the BOS is in agreement that doing this is a good idea and the grant may be available next year. Again, the issue is getting it to a Town Meeting and public hearing on time. The BOS discussed possible dates, so they could have this approved by Sept. 5th, in order to get the paper work in for the Sept. 7th deadline.

  • Solid Waste (SW) and Recycling Ordinance Amendment
First Selectman Reemsnyder suggested this be tabled to a later meeting for discussion.
A motion was made by Selectwoman Nosal, seconded by Selectman Kerr, to table this item for discussion at a future meeting. Motion passed.
  • Historic Survey Committee update
First Selectwoman Reemsnyder gave a recap of the process to date with the following update. They have hired Heritage Consultants to complete the survey for $28,400. They will hold a kick off meeting in September at which time the work will begin. They will survey up to 200 properties which will provide additional protection to the Town against future transportation threats.

5.   New Business:
  • Grassy Hill Road Culvert Repair
First Selectman Reemsnyder reported that due to some bridge inspections that were completed, the Grassy Hill Culvert was found to be in danger of collapse (water was washing the soil away) and in need of emergency repair. Machnick Construction completed the repairs and repaving at a cost of approximately $15,000. She thanked the Public Works Dept., the Police Dept. and Machnick Construction for all of their work in getting the culvert repaired so quickly.

  • School Resource Officer for Region 18
First Selectman Reemsnyder reported Region 18 School Dist. has reached out to her to express their interest in having a school resource officer (she forwarded the email on to the Selectmen). They are looking for an officer who can be in any one of the four schools in the L/OL school district during the school year (185 days). The Region 18 attorney and the Town Attorney are looking into jurisdiction for an OL officer being in Lyme Consolidated school and the First Selectman of Lyme would need to swear in the officer to ensure they have jurisdiction if needed.  Once she has the statutes and clarification from the attorney’s she will share this with the selectmen. They will need to discuss how to work out the resource officer position. A current full-time officer works 2080 hours per year and the resource officer would only work 1480 hours during the school year. She suggests creating a part-time position (funded by the District) thus reducing overhead, but including pension, FICA, MCare, and other expenses. She estimates that the approximate cost would be $61,670 - $65,000 annually. This officer would have the option to pick up additional hours as needed by the OL Police Department if interested and would be under the supervision of the Resident Trooper program. The Police Services Options Committee has expressed an interest in a school resource officer position as well.
The BOS discussed the challenges of making this a full-time position (not typical 5/3 schedule), utilizing the extra hours in Sound View over the summer months, having a consistent officer in the schools, and looking at all of the costs. First Selectman Reemsnyder also reminded them this would need approval at a Town Meeting. She has been working with their Resident Trooper and the Superintendent of schools on a draft MOU. During the discussions, they questioned the need for a committee, a mission statement and a development of a job description they can post internally. She will send this to the Selectmen for their ideas and feedback. She will bring this to the BOF meeting tomorrow night to make them aware they are working on this and would need their approval for funding for a Town Meeting.  

  • Sanitation/Recycling RFP
First Selectman Reemsnyder reported she has printed out a draft of the RFP for the selectmen to review and added that the committee (Chris Kerr, David Kelsey, Gary Yuknat) is still working on the amount of insurance and some of the language with the assistance of Cathy Frank. They are hoping to meet next week to complete the final RFP so they can get this out by the end of August.  First Selectman Reemsnyder reminded them their current contract with OL Sanitation expires the 30th of June 2019. She thanked the committee for all of their hard work on this.

  • PGN Library Bond/Loan for Capital Project
First Selectman Reemsnyder reminded the selectmen that at the last Town Meeting they approved the expenditure for $1.75 million for the PGN Library. At that time the BOF and the BOS had not decided how to finance the project. She had reached out to the Bond Counsel and Finance Director for feedback on whether it would be better to bond or finance the full amount of the project, and they had also discussed utilizing some of their surplus. In order to borrow the money, the BOS and BOF would need to pass a very detailed resolution which would need to be approved at a Town Meeting. She would like the selectmen to think about how to fund this so they can give their thoughts to the BOF. There is a BOF meeting tomorrow night and they know there is $800,000 in surplus for FY 2018 that was not used, and in addition they will be adding more money to the surplus. She suggested the possibility of only financing some of the money and utilizing some of the surplus or funding it all through the surplus. The BOS discussed what is a comfortable surplus for the Town to have and the possibility of financing part of the project and using surplus for part of the project.

First Selectman Reemsnyder suggested the BOS discuss Items 5. e. and f. at their special meeting on Wednesday and the selectmen agreed.

  • Special Town Meeting
  • Approval to bond for PGN Library
  • Approval of Pump Station Lease
  • Solar Farm Lease for Landfill
  • SW and Recycling ordinance Amendment
  • Public Hearing on Pump Station Lease and Landfill Lease for Solar

6.   Public Comment:
Doug Whalen, Chairman of the Old Colony Beach Association addressed the BOS regarding the Sanitation RFP asking if they could put stickers with consistent colors on the refuse containers to clarify which is for recycling and garbage to eliminate confusion. He also thanked the BOS for working together with the Three Beaches on the pump station lease. He also asked for clarification on the Special BOS Meeting for Wednesday.
First Selectman Reemsnyder responded to Mr. Whalen’s remarks. She reported the Sanitation/Recycling Committee is working on have stickers put on the containers for clarification.
She also reported the possible Special BOS Meeting for Wednesday will be to finalize the Town Meeting Agenda and to schedule public hearings for the Pump Station and Landfill leases.

7.   Other Business:
First Selectman Reemsnyder thanked Rich Prendergast for doing a great job with the WPCA presentation and Q & A at the public information meeting on Thursday evening.

First Selectman Reemsnyder reported that the Yankee Institute for Public Policy has come out with a report assessing warning signs for municipalities in CT and Old Lyme received a score of 94 and was in the top five towns with the highest scores in the state.  She praised the collaboration of the BOF, BOS, Boards, Commissions and volunteers who work hard to constantly improve the Town. She congratulated everyone for all of their hard work and will have a copy of the report available for anyone who would like to see it.

First Selectman Reemsnyder reminded the BOS that over a year ago they had applied for a Community Connectivity grant. She received notification last week that they have been awarded the grant. The grant for up to $400,000 was requested to put a sidewalk on Hartford Ave. to connect Bocce Lane with Rt. 156.

First Selectman Reemsnyder wished the students of Region 18 good luck for a good school year.

Selectwoman Nosal gave an update on the one year follow up on the trees planted on Hartford Ave. After an inspection conducted by DEEP and the project inspector, they made the following recommendations; Apply a second application of fertilizer to all plant material, prune dead growth from all plant material, weed mulch areas around all trees and remove all tree tags.~She also added that the DOT has conducted a five-book (each aspect of the project) method review to track all of the aspects of the project. The inspector sent the books to the State for their review and the State has requested a few revisions, which the inspector has 30 days to respond to.

Selectwoman Nosal shared that Bike Walk CT, Director, Susan Smith has a series of educational programs available to communities and one she found of particular interest is titled “Bike Laws”.  There is an opening on October 6th and the cost would be $20 per person and she asked the BOS to think about this and give her their thoughts if this was something the Town could offer.

8.   Executive Session: 

9.   Adjournment:
A motion was made by Selectwoman Nosal, seconded by Selectman Kerr, to adjourn at 6:04 pm. Motion passed.
Respectfully submitted,
Patti Broedlin