Old Lyme Board of Selectmen
Regular Meeting: Tuesday, 7 September 2010
The Board of Selectmen held a regular meeting at 4:00 PM on Tuesday, 7 September 2010 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectman Timothy Griswold, Selectman Skip Sibley and Selectwoman Bonnie Reemsnyder were present.
1. Approval of Minutes: 16 August 2010
Selectman Sibley moved to accept the minutes of 16 August 2010. Selectwoman Reemsnyder seconded the motion. SO VOTED.
2. Proposed Ordinances for Sound View Commission and Open Space Commission
Attorney Marylin Clarke has reviewed the proposed ordinance for the Sound View Commission drafted by Frank Pappalardo (Chairman of the Sound View Beach Commission Formation Committee). She stated that this Commission would not fall under the jurisdiction of a State Statute. The Selectmen and Frank Pappalardo agreed that the purpose of the Sound View Commission would be the eyes and ears at Sound View and to promote safety in the area. This Commission would look to the various Town Boards and Commissions for assistance. The Selectmen hope to have a final draft of the proposed Ordinance for their meeting on 4 October.
Attorney Ed Cassella, attorney for the Planning Commission, and Open Space Committee Chairperson Diana Atwood addressed the Selectmen regarding the proposed Ordinance which would change the Open Space Committee to an Open Space Commission. There are still details that the Open Space Committee needs to work out with Atty. Clarke. Duties of the proposed Commission, the Inland Wetlands Commission and the Conservation Commission would need to be identified or re-identified. Ms. Atwood stated that one duty of the Inland Wetlands Commission (item 53-4) would become a duty of the new Open Space Commission. There would be no changes to the duties of the Conservation Commission. Selectman Sibley stated that any time an ordinance is changed and/or added, there must be a public hearing.
Selectwoman Reemsnyder requested that the Ordinance documents be posted on the Town's Website before the Town Hearing. The Selectmen hope to have a final draft of the Open Space Ordinance for their meeting on 4 October.
3. Proposed License Agreement with UMARS, LLC
UMARS, LLC is the owner of the gas station / convenience store located on 281 Shore Road in Sound View. The Town owns the north-south ten-foot alley that bisects the UMARS property. On 2 July 2001, the Board of Selectmen voted to enter into a License Agreement with UMARS, allowing it to use the alley so long as UMARS does not obstruct or place any signage in the alley. However, the License Agreement was not signed and the Zoning Commission wants this to happen. Atty. Clarke has drafted a new License Agreement and Selectman Sibley suggested that the "change of use clause" be reviewed by Ann Brown, ZEO, to be sure the Town could terminate the License if UMARS conducted an unauthorized use on the premises. Atty. Clarke will review the License Agreement with Ann Brown with special attention
to unauthorized uses of the property. Once the License Agreement is finalized by the Town, it will be forwarded to UMARS for its signature.
4. Communications:
First Selectman Griswold asked Atty. Clarke to comment on two petitions he received concerning the proposed amendment to the WPCA ordinance. Essentially, the petitions ask the Board of Selectmen to not proceed with a Town Meeting to vote on the ordinance amendment. Atty. Clarke said petitions usually require an item be considered at a Town Meeting; unlike these. She said these petitions do not require any action.
a. Officer Heinssen – Good Samaritan Jesse Matarazzo
First Selectman Griswold read a letter from Old Lyme Police Officer Heinssen recognizing the valiant efforts of 18-year-old Jesse Matarazzo of Coult Lane in Old Lyme. Jesse was driving down Route 156 in Old Lyme when he spotted a Subaru Forester on fire with 31-year-old Jocelyn Berg of Manchester unconscious inside the vehicle. Jesse withstood intense heat and flames to rescue the victim from her vehicle. Officer Heinssen stated that the actions of this young man saved the woman's life. The Selectmen will invite Jesse to the next Town Meeting to recognize him for his actions.
b. Beach Issues – Federation of Beaches and Petitions
First Selectman Griswold read a letter from several Beach Association Presidents claiming the beach communities have been treated poorly by the Town. They cited examples of higher than average revaluation values, sewer versus septic issues, inadequate funding of the beach communities, lack of assistance with flooding and erosion issues and inadequate enforcement of dogs on the beach. They request a meeting with the Board of Selectmen in order to discuss these issues. First Selectman Griswold stated that there is some erroneous information in the letter. The Selectmen welcome a public meeting on a Saturday in the near future and the Selectmen's Office will respond to the request.
c. CL&P – Tree Pruning along Power Lines
First Selectman Griswold reported that he received a letter from CL&P regarding the trimming of trees along the power lines in Old Lyme. Before any tree work can be performed on the public roadway adjoining a resident’s property, CL&P must obtain consent from the adjoining property owner(s). In the event the adjoining property owner does not consent, CL&P may seek consent from the local Tree Warden or the CT DPUC.
Selectman Sibley requested that a copy of the letter be given to the Tree Commission and also be posted on the Town's Website.
5. Appointments – Janet Sturges (R), Historic District Commission Alternate
Selectwoman Reemsnyder moved to appoint Janet Sturges (R) to the Historic Commission for a 3-year term, expiring January 2011. Selectman Sibley seconded the motion. SO VOTED.
Selectwoman Reemsnyder moved to relocate Agenda Item 7A under New Business to this point in the Agenda. Selectman Sibley seconded the motion. SO VOTED.
7. a. Robert Ross Property Line Revisions (Lt. River Lane) Tony Hendriks
Tony Hendriks, of Rowley, Hendriks & Associates, LLC, presented plans to the Board of Selectman outlining the proposed property line revisions to #20 and #21 Lieutenant River Lane that his client, Robert Ross, is requesting of the Town. Mr. Hendriks said the actual end of Lieutenant River La. is very vague and could extend about160 feet into the Ross property. He suggests that Mr. Ross deed to the Town a nearly 60 foot square piece at the Ross property, line where to road enters, to create a turn-around area. This would become the new end of Lieutenant River La. First Selectman Griswold observed that the “second tract” of the Ross property would be enlarged to 0.75 acres with the change in the property lines and that a new driveway could connect this piece to the proposed 60 square
foot turn-around area. His main concern is that the proposed property line revisions could create a second building lot. Selectwoman Reemsnyder requested that the property owner have a title search done. Mr. Hendriks will relay this request to the property owner and Mr. Hendriks will consult Atty. Marylin Clarke about the matter.
6. Old Business
a. Bus Barn – Ribbon Cutting 8 September at 4:00 PM
First Selectman Griswold reminded the Selectmen and the public that there will be a Ribbon Cutting Ceremony on Wednesday, 8 September at 4:00 PM on the new Bus Barn property.
b. Church Corner Signed Agreement and Work Status
First Selectman Griswold reported that a signed agreement has been executed with the contractor, American Industries. The aprons have been installed and the bluestone sidewalk in front of the Congregational Church should be completed by 16 September.
c. Town Hall Expansion: Photovoltaic System, CL&P Permission to Operate
First Selectman Griswold reported that the Town received notification from CL&P that the Town has been approved to energize the Photovoltaic System. This will allow the Town to proceed with grant applications for funding through CL&P and the CT Clean Energy Fund.
d. Automated Single Stream Recycling Request for Proposal
First Selectman Griswold reviewed the RFP draft received from the Attorney Leone. The RFP requests that bidders provide bids on two four-year contract options: a "cost plus" contract and "lump sum” contract. Selectman Sibley said the RFP should specify where the bidder will take the collected recyclables. First Selectman Griswold will check with the Town's Attorney about this addition. Selectman Sibley and Selectwoman Reemsnyder requested a copy of the RFP for review.
7. New Business
a. Robert Ross Property Line Revisions (Lt. River Lane) Tony Hendriks
This item was moved in the agenda following item 5.
b. Resolution for FY 2009 State Homeland Security Grant Regional Funding
This Resolution enables the Town of Old Lyme to enter into a Memorandum of Agreement regarding the use of Federal fiscal year 2009 State Homeland Security grant funding and custodial ownership of regional assets in DEMHS Region 4. The Region 4 funding total is $939,625.
RESOLVED, that Timothy C. Griswold, as First Selectman of the Town of Old Lyme, is authorized and directed to execute and deliver any and all documents on behalf of the Town of Old Lyme and to do and perform all acts and things which he deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited to, executing and delivering all agreements and documents contemplated by such documents.
Selectwoman Reemsnyder moved to authorize the resolution and Selectman Sibley seconded the motion. SO VOTED.
c. Proclamation: September is Leukemia, Lymphoma and Myeloma Awareness Month
First Selectman Griswold read a proclamation stating that September is Leukemia, Lymphoma and Myeloma Awareness Month.
8. Public Comment – None
9. Other Business
Selectman Sibley inquired as to the status of property owner Russ Carlo's request that the Town look into the issue of the large tractor owned by Frank Maratta which had been parked on the Town Beach at Sound View. First Selectman Griswold stated that the Police did have a conversation with Mr. Maratta. It will be in the Town's best interest to send a certified letter to Mr. Maratta reminding him of the Town's Ordinance regarding Pedestrian Safety Zones. Before the letter is drafted, First Selectman Griswold will check with Zoning on said Ordinance.
Selectman Sibley reported that he had a conversation with Dr. Greg Hack, President of the Rowing Association. Dr. Hack said the issue regarding use of the Town's pickup truck had been resolved. Selectman Sibley will be meeting with Dr. Hack and interested parties to discuss the improvements to the boat house at Hains Park. First Selectman Griswold suggested that representatives from Lyme and Old Lyme, Regional District #18 and the Rowing Association be involved in such discussions.
Selectwoman Reemsnyder asked First Selectman Griswold if the deadline for the CT Siting Council to render a decision is October 10, 2010. First Selectman Griswold stated that it is.
Selectwoman Reemsnyder inquired as to what the procedure is to respond to letters addressed to the Selectmen from Town residents. First Selectman Griswold stated that in most cases a response is sent in due course, but there is no formal procedure in place. Selectwoman Reemsnyder referred to a letter from Mr. Dellaripa regarding the problem with excessive noise at the beach bars and she inquired if anyone had gotten back to him. First Selectman Griswold stated that the Town has sent the police to visit the bars and check on the noise levels. Often the noise levels are within an acceptable range or the bar personnel have the bands lower the volume. However, the bands have turned up the volume up as soon as the police left. First Selectman Griswold felt that a discussion should begin
regarding passing a Town ordinance that requires restaurants and bars to have music inside their establishments and not outside.
Selectman Sibley inquired if the Town's Landfill had received any of the "dirty glass" from Willimantic Waste. First Selectman Griswold stated that some has already been delivered and it has worked out well. The trucks are weighed and monitored, and Willimantic Waste is responsible for spreading the "dirty glass" to fill in the voids in the landfill. The Town will realize revenue of $15.00 per ton and Willimantic will pay for the surveying cost and the bulldozer work.
The next Board of Selectmen's meeting will be held on 20 September at 7:30 PM in the Meeting Hall of the Old Lyme Town Hall.
10. Executive Session – None
11. Adjournment – Selectman Sibley moved to adjourn the meeting at 5:55 PM and Selectwoman Reemsnyder seconded the motion. SO VOTED.
Respectfully submitted, ~
Mary Ellen Garbarino
Recording Secretary
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