Old Lyme Board of Selectmen
Regular Meeting July 7, 2003
The Board of Selectmen held a regular meeting at 7:30 P.M. on Monday, July 7, 2003 at Memorial Town Hall Auditorium. First Selectman Timothy Griswold, Selectman Skip Sibley and Selectman Tom Bice were present.
1. Approval of Minutes:
Selectman Sibley made a motion, seconded by Selectman Bice, to approve the minutes
of June 13, 2003 as written. SO VOTED.
Selectman Sibley made a motion, seconded by Selectman Bice, to approve the minutes
of a special meeting on June 23, 2003 as written. SO VOTED.
2. Communications:
a. Lymes Senior Center – Entrance to Town Woods Park
The Senior Center Board of Directors informed the Boards of Selectmen of Lyme and Old Lyme that the proposed plans for the athletic fields adjacent to the Senior Center facility have been reviewed and three suggestions were offered:
1) Use the old soccer field entrance to the athletic fields.
2) Construct a new entrance to the Senior Center facility.
3) Employ a traffic study engineer to design a single entrance with traffic safety as the major concern.
First Selectman Griswold said the design firm that prepared the plan was cognizant of traffic patterns and would not have designed an unsafe plan. Most of the activity will be occurring at the athletic fields when the Senior Center is not in use. The plans will be looked at again more carefully when the land is staked out. Selectman Bice noted that it was mentioned there might be a surplus connected with this project that may provide for a building. There has been no vote on this matter. He feels the Senior Center Board is aware of a proposed building, and that it should be built while the current construction company is there after a safety engineer has reviewed the plans. Selectman Griswold stated this will be brought to the attention of the Town Woods Building Committee.
b. Joe Wren, P.E. – Material for Landfill Cover
A letter was received from Joe Wren, Professional Engineer, stating he represents a marina in Westbrook that wishes to dispose of some dredging material and asked whether the Town of Old Lyme would accept it as material for the landfill closure. First Selectman Griswold said that this material would have to be tested by the DEP for its suitability for the landfill and permission to be stored onsite in anticipation of being cover material. This would be delivered free of charge. John Roach and our engineering firm have recommended that a letter be sent to Mr. Wren indicating that Old Lyme is willing to entertain this idea subject to the approval of the DEP. Selectman Sibley stated that the landfill is in need of cover material but thorough testing of the material must be done.
3. Appointments:
a. Kip Kotzan (D) – ZBA – 5 yr. Term Ending Nov 2006
It has been recommended that ZBA alternate member Kip Kotzan be moved to regular
member to fill a vacancy due to a resignation. Selectman Sibley made a motion to appoint Kip Kotzan (D) as a regular member of the ZBA for a five-year term ending November, 2006. The motion was seconded by Selectman Bice. SO VOTED.
4. Old Business:
a. Sound View Parking – Discussion
At the last meeting there was a motion amended to include that, in view of the closed Martino lot, a lot to the north of the El Morocco be allowed to open. The amendment indicated that should the Martino lot operate again, the agreement with the owner of the El Morocco lot would be canceled. The Executor of the Martino estate indicated that the Martino lot is open.
Select Bice read the following motions:Whereas citizens of Old Lyme report that property owners in Sound View area are operating illegal parking lots, and whereas this Selectman (Bice) has personally observed on several occasions vehicles illegally parked in areas posted No Parking, and whereas nearly one year ago the advisory committee established by this Board named the Parking Committee recommended strict enforcement
of illegal parking, I, therefore, move the First Selectman in the capacity of the Town’s Chief Security Officer, immediately instruct the Town’s police vigorously enforce parking lot and parking ordinance. Such enforcement shall include, but not be limited to, the following actions: 1) Prohibit motorcycles from occupying a single parking space along Hartford Avenue and in parking lots, permitted lots and onsite business lots. Post this, ticket and tow violators.2) Where No Parking signs exist anywhere within the town that does not have accompanying tow zone notices, post such notices and thereafter tow every vehicle parked illegally everywhere such notices are posted, for example, Cross Lane Fire Station and along Old Shore Road. 3) Ticket every property and business owner who parks any vehicle
illegally and fine the violator $500 for the first ticket, $1,000 for the second ticket and on the third prohibit him/her from entering or using his/her property for three months for any purpose. Furthermore, if the implementation of these actions requires additional resources, I move the First Selectman immediately initiate such actions as are required for security.
Selectman Bice added that there was a Parking Committee established last summer. There are eight permitted parking lots and the permittees are required by ordinance to be there when opened, carry insurance, and incur other costs. By allowing illegal lots, the town imposes unfair practices on the legal lot owners. First Selectman Griswold said there is no definitive statement in the State statutes on motorcycles using one to a space. The town can use its own interpretation and signs have been ordered for Hartford Avenue to that effect.
On the second recommended action, First Selectman Griswold stated he would like to confer with the police about what is required regarding tow zones with every parking sign throughout town. Selectman Bice referred to one sign at Cross Lane that states there is no parking for beach use or such and the red sign states No Parking – For Use By Ambulance and Emergency Vehicles. There are no tow zone signs. Along Old Shore Road, there are No Parking signs without tow zone signs and cars are parked there.
On the third recommended action, First Selectman Griswold stated research must be done because Town Attorney Clarke indicated there are certain limits that can be charged. Prohibiting owners from entering his/her property for three months may not be practical.
Selectman Sibley seconded the motion on the floor for purposes of discussion.
Selectman Sibley agreed with Selectman Bice to increase the enforcement of laws. Proper research must be done before taking action and vote on one motion at a time. Selectman Bice agreed and wanted the maximum legal action for violators. First Selectman Griswold commented with respect to enforcement, six policemen are assigned to Sound View plus two parking enforcement personnel and Park & Rec staff. There may not be sufficient resources to do all the jobs required such as manning barricades, directing traffic, etc.
All in favor of the motion, none. All oppose, unanimous. MOTION DID NOT CARRY.
Selectman Bice moved to consider action one. Prohibit multiple motorcycles from occupying a single parking space.
Selectman Sibley seconded the motion for discussion.
First Selectman Griswold stated that the town is obtaining signage to enable this to be done. He would like to confer with authority regarding the parking lots which may be a different policy than parking on the streets. Officer David Todd stated that the Commissioner of Motor Vehicles indicated there is no statute that prohibits more than one motorcycle per parking space, but the town can make an ordinance to that effect. This would apply to the permitted lots. First Selectman Griswold would like to confer with Town Attorney Clarke.
Selectman Bice amended the motion to vote on action one upon the legal findings of Town Attorney Clarke. Selectman Sibley seconded the amended motion. All in favor of the motion, unanimous. SO VOTED.
Action two: Post tow zone notices on No Parking signs and tow vehicles illegally parked anywhere in town. First Selectman Griswold stated he would like to think this through more. He does not feel this needs to be enforced throughout the town.
Selectman Sibley seconded the motion. All in favor of the motion, none. All oppose, unanimous. MOTION DID NOT CARRY, 0:3.
Selectman Bice moved to amend the motion to exclude tow zone areas all over town but include tow zone areas where No Parking signs exist in and around the Cross Lane Fire Station and along Old Shore Road.
Selectman Sibley seconded the amended motion. All in favor, unanimous. SO VOTED.
Action three: Ticket any property and business owner who parks vehicles illegally $500 for first offense, $1,000 for second offense, and prohibit the property and business owner from using the property for three months for the third offense. No motion was made for this action.
Selectman Bice made a motion on action three to read to impose the maximum legal penalty on all violators. Selectman Sibley seconded the motion for discussion purposes.
First Selectman Griswold stated $100 fine is in the ordinance. Selectman Bice asked if that was the maximum legal penalty. First Selectman Griswold stated that food service would be determined separately. Selectman Bice stated illegal activity in this regard is accepting cash payment for parking cars or bartering goods.
Selectman Sibley seconded the contingent motion that if there is a higher penalty, it will be imposed. All in favor, unanimous. SO VOTED.
Selectman Bice made a motion that the town government of Old Lyme enforce Chapter 95 entitled Noise as written and in all its particulars. Paragraph 95-20, Article 6 Administration and Enforcement states that the Director of Health shall be responsible for enforcing the provisions of this chapter and carrying out the intent thereof as specified in paragraph 95-2 this chapter. Selectman Bice noted that nothing in the code allows the discretion of the Board of Selectmen to change the administration and enforcement. It will be necessary to amend the code as written.
First Selectman Griswold stated that the police enforce the noise ordinance when the Health Official is not on duty. He further noted that the town is dealing with the situation of a part-time Director of Health. It is more important to have the noise meter activity done by the certified police and that detail can be delegated.
Selectman Bice said there are other options within the law governing this. Selectman Griswold stated it is necessary to have more preparation when looking at this situation.
Selectman Sibley seconded the motion for purposes of discussion. He added that it needs to be reviewed.
Selectman Bice stated that passing the previous two motions about motorcycle control and illegal parking add more activities. People can be trained in the state and hired by the town under the direction of the Dept of Health that would free the police to do other activities.
The motion was moved and seconded. MOTION DID NOT CARRY, 1:2 Selectman Bice voted in favor.
Selectman Bice made a contingent motion regarding parking in Sound View. Whereas the traffic and parking situation in Sound View constitutes a public safety problem, I move the Board of Selectmen adopt a contingency plan that would expand temporary backup parking spaces in the Sound View area. Furthermore, I move we install speed bumps on Swan Avenue, post no U-turns signs on Hartford Avenue, and install a stop sign for eastbound vehicles on the southwestern corner of the intersection of Pond Road and Portland Avenue. Furthermore, if implementation of the above actions requires additional resources, I move the First Selectman immediately initiate such actions as are required to secure it.
If the above is enacted, a contingency will be to set in motion to discuss with potential applicants the terms by which they would come under the supervision of the town as town supervised and managed lots.
First Selectman Griswold stated that when there is a crowd in Sound View, the last thing needed is more parking which will overcrowd the beaches and sanitation will be taxed unbearably and, therefore, is not in favor of increasing parking. Selectman Bice feels that by enacting and enforcing, it will decrease illegal parking. Secondly, the lot north of El Morocco is full every day.
Officer Todd stated that less is better concerning parking lots from a public safety point of view. The police can barely handle the situation now.
Selectman Bice said the second contingency is that, if all illegal parking lots are closed, we might be putting ourselves in a position where we could use more parking.
First Selectman Griswold felt it is not necessary to have a double contingency plan which is complicated and he does not see the purpose.
The motion was seconded by Selectman Sibley for discussion purposes. MOTION DID NOT CARRY, 1:2. Selectman Bice voted in favor.
First Selectman Griswold stated that the Fire Dept does not like speed bumps. He would like the opinion of the Fire Dept regarding speed bumps on Swan Avenue. Trooper Todd stated that speed bumps wreaks havoc on the cruisers and emergency vehicles. Sometimes they help but that may not be the answer on Swan Avenue.
Selectman Sibley seconded the motion for discussion purposes.
Selectman Bice reported that Swan Avenue is a narrow street with no sidewalks. There is a lot of traffic on this street and speeding is common.
MOTION ON SPEED BUMPS DID NOT CARRY, 1:2. Selectman Bice voted in favor.
A motion regarding a No U-Turn Sign on Hartford Avenue. Selectman Sibley seconded the motion for discussion purposes.
Trooper Todd says the worst problem is at the end of Hartford Avenue. The police can ticket whether it is posted or not.
MOTION DID NOT CARRY FOR A No U-Turn Sign on Hartford Ave, 1:2. Selectman Bice voted in favor.
Selectman Bice made a motion to install a stop sign for eastbound vehicles at the southwestern corner at the intersection of Pond Road and Portland Avenue. Selectman Bice reported that people are speeding with pedestrians proceeding down Portland Avenue and there is a blind corner.
Selectman Sibley seconded the motion for discussion purposes.
Trooper Todd agreed that a stop sign is necessary.
All in favor, unanimous. SO VOTED.
Selectman Bice reported that parking is allowed too close to the new stop signs on Lyme Street at Library Lane making it difficult for drivers to see the stop sign. He further stated that the road is narrow in that area which makes it difficult for emergency vehicles to get through if there was a backup. It will be necessary to consult a traffic engineer or safety expert for advice.
Trooper Todd stated that parking should be a car length or two back from the stop sign so as not to block the sign or the crosswalk. The motion has been moved and seconded to restrict parking inside the intersection at an appropriate length, advised by a traffic engineer or safety expert, to the north of the intersection. All in favor, unanimous. SO VOTED.
b. Town Woods Park - Groundbreaking
The Town Woods Park groundbreaking took place on June 16, 2003. It was attended by officials from Lyme and Old Lyme. The project should be completed by mid-November.
c. Rogers Lake Weed Study – Draft Report
A presentation at the Rogers Lake Community Center on the weed study was conducted by two representatives of the DEP. They found the water quality in the lake is good because the water sources are primarily wooded areas. There could be a physical removal of the vegetation which would be a mechanical process, a chemical application or biological methods which would be using other plants. A final report will be drafted, and there will be a public hearing on this at a later date. The goose control has been working well, but the State does want to step up its dealing with the geese.
d. Sound View Design District – Update
Selectman Bice spoke with the ZEO regarding procedure of filling out and submitting an application. The SVDD is then officially in their hands.
The normal procedure does not include any more discussions on what is written. They will act upon the entire document. Selectman Bice inquired, given the exceptional circumstance, whether there could be some procedures adopted that would permit this to be officially before them but, at the same time, allow the advice and not consent of the Board of Selectmen (the applicants). There is no such procedure in place. He asked in law if such things are possible. They are not in procedure. The Board of Selectmen has to make the decision if discussions are to take place such as initiated at a special meeting. Then it cannot be an official application under current procedure. The same holds true for WPCA and other regulatory bodies. Once it is determined which procedures will apply, the
Board of Selectmen separate the SVDD in various parts so that decisions can be made in an orderly fashion regarding highest priority. The recommendation in that
proposal calls for year-round usage of all properties and buildings in the district. The Task Force report mentions converting the town parking lot to a park. That matter will be brought up at the July 10, 2003 Park & Rec meeting. There was a bill introduced at the State Legislature that would permit the State of Connecticut to use alternative septic technology. It died at the close of the session. Rep.Gary Orefice will introduce the same bill at the next session of the House and Sen. Melodie Peters will introduce it in the Senate. WPCA supports alternative technologies which may become available for purchase by private property owners and will meet codes by the Dept of Health.
First Selectman Griswold inquired whether the liquor establishments need to be ironed out in final form before being submitted to the Zoning Commission? Selectman Bice answered he would not put that in now because it needs more research.
Linda Krause and others will present a final form document to the Board of Selectmen that will then go to the Zoning Commission after the Board acts upon the recommendation.
e. Swan Avenue Planter
The Swan Avenue planter has been installed and First Selectman Griswold thanked Russ Carlow. The Duck River Garden Club is prepared to seek permission to plant perennials in the fall.
5. New Business:
a. Senior Center – Recommendation to Terminate Congregate Meal Program
The Lymes Senior Center Board recommended terminating the congregate meal program at the Center since the number of seniors using this program has dwindled. The Meal-on-Wheels, Dial-a-Ride, and the emergency transportation for medical emergencies programs will continue. The Center Board believes it can provide an alternative lunch program that will be more flexible and enjoyable to the participants. This change is effective July 1, 2003. Guests were Mr. Johnson from Old Lyme and Mr. Paradis from Lyme. First Selectman Griswold suggested that himself, Lyme First Selectman Koch, Mr. Johnson and Mr. Paradis visit the director of the Estuary to discuss the problems and use the annual contribution to the congregate meal for the suggested alternative arrangement.
b. Proposed Donation of 200 Square Foot Parcel by Joe Martino
The Town of Old Lyme was provided with a document from the Probate Court that stated Joe Martino devised a certain portion of his property at 58 Portland Avenue on which a permanent monument to his father, William L. Martino, is situated. If the Town of Old Lyme refuses to accept this devise, then it will go to the Sound View Beach Association. The devised parcel contains 200 sq. ft. which runs 10 ft. along Martino and 20 ft. along Portland. He requested the devisee maintain the monument to his father. Dennis Melluzzo, President of the Sound View Beach Association, stated that he was not notified by Probate of the property, but Vice President of the Association Gail Fuller was alerted of the parcel. Mr. Melluzzo also stated that if the town has no interest in the donated land, the Sound
View Beach Association would be interested. Selectman Bice felt that Mr. Martino’s wishes should be honored and the town should accept the parcel. First Selectman Griswold stated that the transaction would have to go through the Planning Commission, Town Meeting, etc.
Selectman Sibley made a motion that the town accept the parcel and take the necessary steps to accomplish it. Selectman Bice seconded the motion. SO VOTED.
c. Old Lyme Rowing Association – Request to Use Town Truck
The Old Lyme Rowing Association requested permission to use a town truck to transport rowing shells to seven regattas during the months of July, August and October. Selectman Sibley made a motion to approve the use of a town truck by the Old Lyme Rowing Association to transport shells to seven regattas. Selectman Bice seconded the motion. SO VOTED.
d. New Refuse Collection Contract with Shoreline Sanitation
The Board of Selectmen previously approved a four-year interval with Shoreline Sanitation regarding the refuse collection to have the frequency align more with the financing cycle of his trucks. The document has been changed to reflect that four-year interval and has also been changed to include the town-provided receptacles as opposed to other approved receptacles. By approving the new agreement, the contract would be from July 1, 2003 to June 30, 2007 and yearly thereafter there would be a one-year renewal or not. Selectman Sibley made a motion for First Selectman Griswold to execute the agreement with Shoreline Sanitation for the refuse collection.
Selectman Bice seconded the motion.
Selectman Sibley questioned what provision is built in to open up the bidding to an outside contractor? First Selectman Griswold answered that prior to extending the contract, one would have to make the intentions known by June 30 of a given year. It would take three years for Shoreline’s contract to wind down. The town has the ability to audit Shoreline Sanitation’s financial information to check the accuracy of the billing.
Selectman Sibley stated there is criticism about not having a formal bid process for some time. First Selectman Griswold said that from a monetary standpoint, he feels the town is getting a good deal. From a performance standpoint, the complaints are very few.
Selectman Bice believes that free enterprise suggests that the town limit the period of these contracts to 2007 and close for an open bidding process. First Selectman suggested tabling this motion. Selectman Sibley will get more information on changing the terms of the contract making it every four years to give others a chance to bid.
e. Extension of Operating & Maint. Contract for Septage Disposal with Shoreline Sanitation
The operating and maintenance contract for septage disposal with Shoreline Sanitation has operated on a similar arrangement as the refuse collection. A one-year term has been added each year extending the contract from December, 2005 to 2006. The Selectmen wished to read the contract before making a motion.
f. I-95 Widening Proposal - Update
The State of Connecticut has contracted with an engineer to consider the I-95 corridor from Branford to the Rhode Island border. Items being considered with respect to Old Lyme are to upgrade the intersection at the Baldwin Bridge. One idea is to continue Halls Road with a ramp replacing the current ramp. Another proposal is to have the southbound and northbound ramps exit and enter at Halls Road involving a cloverleaf idea in the vacinity of the Baldwin Bridge. The DOT will have more informational meetings.
6. Public Comment:
Dennis Melluzzo, President of the Sound View Beach Association, reported lights out on Hartford Avenue and adjoining streets. There are four lights out at the present time. He would like the lights repaired as soon as possible.
A Portland Avenue citizen would like to encourage speed bumps on Portland Avenue as well as Swan Avenue. She also stated that she owns a lot on which people illegally park cars and she is concerned that the town might mistake her situation as an illegal parking lot even though she does not give permission to park. The Selectmen advised her to contact the police and they will take action.
Jack Alexander reported that he spent a lot of time attending the transportation strategy board meetings. There is a problem in Old Lyme because of the increased traffic on I-95 combined with the increased traffic on Rte. 9 putting four lanes of traffic onto the bridge and then reducing to two lanes within 300 yds. of the intersection. The traffic then goes to Rtes. 1 and 156 as alternate routes. No cloverleaf will fix that problem. The highway needs two extra lanes in each direction. Do we want bumper to bumper traffic on Rtes. 1 and 156 and should a third lane be built on the bridge to the turnoff for the Rocky Neck State Park? Rte. 1 could be impassible and would be a public safety factor. The Selectmen should take the position very early with the Public Safety Board to get relief from the
bottleneck of four lanes of traffic going into two forcing the other two lanes of traffic to use Rtes. 1 and 156.
Joan Byer owner of a legal lot was told there were several illegal lots charging fees this weekend in Old Colony Beach. When she asked the police officers what they were doing about the illegally park cars on Rte. 156 adjacent to Breen Avenue and Gorton Avenue, she was told they could do nothing because they were on private property. She asked why she has to conform to the standards set by the ordinance and others do not. She agreed with Selectman Bice’s idea of large fines for illegal parking.
Angelo Faenza of Portland Avenue wished to express his thanks to the State Police for a job well done. People are illegally parking and no one is claiming to be taking money although he has witnessed it. He feels it could be resolved with marked money. He also said there are people coming off the beach with coolers who are intoxicated. People are also cooking on the beach and should not. He feels it is a manpower problem for the police.
Kathleen Boulanger of Pond Road commented on the coolers which should be checked when they are unloaded from cars. If there is alcohol, they should be prohibited from going onto the beach. She disagreed with Trooper Todd’s statement of less is better. She feels it is in the best interest of the businesses at the beach area to have more visitors. It is necessary to keep the alcohol and glass off the beach and keep the place safe. Increase the legal parking lots. When Miami Beach put up a fence to keep people off the beach, that was not allowed. The revenue from the town parking lot should be put into security.
Russ Carlow of Swan Avenue stated that the beach is overcrowded and there is no need for new parking lots. All the illegal lots add to the chaos.
Peter Grimaldi, Miami Beach President, commented that manpower is a problem and it is up to the town. The beaches are overcrowded. Trash is a problem. Miami Beach is a private beach. There is supposed to be a sign regarding coolers. He would like to know how many people can occupy the 700 ft. beach.
Ed Schmidt of Corsino Avenue reported that at one time there were 18 to 25 police officers during the summer in the beach area doing foot patrol. He also commented that there are two dogs chained outside barking at night. The police suggested calling the Animal Control Officer, but she did not respond right away.
Angelo Grasso of Swan Avenue purchased property with a legal lot on it at the time of purchase. After filing an application, he was told he would not be issued a permit due to excessive parking. The following year, he reapplied and was issued a permit and has followed all the rules and regulations. He is aggravated by all the illegal parking lots. Mary Hyland of Portland Avenue reports that it took her fifteen minutes to get out of her driveway and 20 minutes to get to Rte. 156. She does not go to the beach because it is too crowded on the weekends. The street has to be closed off when there are too many people.
7. Other Business:
Selectman Bice stated that with the suspension of community leadership meetings, the task force cannot proceed with the GIS planning.
The Chamber of Commerce has set up a small business committee.
Selectman Bice made a motion that the Board of Selectmen, along with other persons the Board might choose, immediately take the actions required to prepare for negotiations with representatives of South Lyme Property Owners Association for the purpose of exploring the possibilities of arriving at a mutually agreeable resolution of matters in dispute in the association’s lawsuit against the town.
Selectman Sibley seconded the motion for discussion purposes.
First Selectman Griswold asked Selectman Bice if he has been discussing matters with people on the other side of this issue? Selectman Bice answered he had been directed to the South Lyme website. He has requested to put the Board of Selectmen in front of the attorneys or other experts on the lawsuit, not to talk about legal details, but to get the overview of what the town stands to lose in the worst possible senerio, the cost of litigation to the town, the probability of the town prevailing, and the likelihood of a settlement that might diminish the cost to the town and the risk to the town in the worst possible case. First Selectman Griswold stated the Board did have a meeting in Executive Session with attorneys and with the Board and Commission members. There is another meeting scheduled for
tomorrow. Litigation is of a confidential nature and First Selectman Griswold does not think it is appropriate for any of the Board of Selectmen members to be discussing compromises. This is a complicated case. Discussing potential settlements with the other side at this point without counsel is a bad situation. The proper channels should be used.
Selectman Bice stated he does not represent the town when he speaks to fellow
citizens about the lawsuit. All in favor of the motion, one. All opposed, two. SO VOTED.
Selectman Sibley asked Trooper Todd in his opinion how much additional manpower would be needed in the beach area? Secondly, is there a resource that could be brought in on a temporary basis to help with the weekend task? Trooper Todd answered that ten troopers total (three additional) would be ideal.
Selectman Sibley made a motion to empower the First Selectman to bring on the necessary manpower to help on the weekends which is an additional three people for the rest of the summer. Selectman Bice seconded the motion. All in favor, unanimous. SO VOTED.
8. Executive Session:
None
9. Adjournment:
A motion was made by Selectman Bice to adjourn at 10:38 P.M. Selectman Sibley seconded the motion. SO VOTED.
Respectfully submitted,
Eileen Coffee, Clerk
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