Old Lyme Board of Selectmen
Monday, 6 February 2012
The Board of Selectmen held a Regular Meeting at 7:30 PM on Monday, 6 February 2012 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectwoman Bonnie Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Skip Sibley were present.
1. Approval of Minutes – 17 January 2012
Selectwoman Nosal moved to accept the minutes of 17 January 2012, and Selectman Sibley seconded the motion. SO VOTED.
2. Communications – None
3. Appointments
Selectwoman Nosal moved to appoint Arthur Sibley to the Zoning Board of Appeals for a five year term, expiring January 2014 (replacing Richard Moll). First Selectwoman Reemsnyder seconded the motion. Selectman Sibley recused himself from the vote. SO VOTED.
Selectman Sibley moved to appoint Susan Baehr to the Conservation Commission for a three year term, expiring January 2013 (filling a vacancy). Selectwoman Nosal seconded the motion. SO VOTED.
Selectwoman Nosal moved to appoint Frank Finley to the Conservation Commission as an alternate for a one year term, expiring January 2013 (replacing Susan Baehr). Selectman Sibley seconded the motion. SO VOTED.
4. Old Business
a. Annual Town Meeting January 23, 2012 Update
First Selectwoman Reemsnyder reported on the Annual Town Meeting.
At that meeting the Annual Town Report was accepted for fiscal year 2011, Jane Marsh was appointed to CRERPA with a term expiring January 2014, the easement for CL&P (across the property owned by the Town located by the Firehouse on Lyme Street) was authorized, Agenda item (5) Forming a Council of Governments was tabled as there is not enough information on this available to date, and an update on Regional District #18 bonding and a brief progress report was given.
b. Citizen of the Year: Diana Atwood Johnson, Advocate for the Arts and the Environment
Diana Atwood Johnson was named as Citizen of the Year for 2011 as our Advocate for the Arts and the Environment. Congratulations were made to Ms. Johnson.
c. Senior Center Task Force Discussion
First Selectwoman Reemsnyder stated that at the last Selectmen's meeting the Task Force had made a presentation. There were three recommendations from the Task Force:
1. Make LSC a municipal agency and the Director a Town Employee
a. Significantly increase the Director's hours
b. Separate the LSC Director's position from Old Lyme Social Services
c. Move Old Lyme Social Services to the Old Lyme Town Hall
2. Establish an Advisory Board to support LSC Director
3. Establish independent 501(c)(3) "Friends" organization to offset program funding
First Selectwoman Reemsnyder presented the present Town Ordinance called the Lymes' Senior Center Chapter A227 along with a spreadsheet including the proposed changes recommended by the Task Force. Since there is an existing Ordinance and the recommendation made by the Task Force was initiated, the present Ordinance would go away and a new Ordinance would be made. This is not a common practice, nor would the Selectmen easily entertain this to be done. There could be legal complications, or questions from citizens. It would have to go to a Town meeting for approval. On the other hand if the recommendations were compelling enough, an amendment could be made to the current Ordinance. First Selectwoman Reemsnyder had discussed this with First Selectman Eno of Lyme. First Selectwoman
Reemsnyder did agree with the recommendations made by the Task Force. Selectman Sibley expressed concern with having both an Advisory Board and a "Friends" organization. In his opinion this could become awkward and cumbersome. Selectwoman Nosal felt that the Selectmen should take into account Selectman Sibley's concern. In her opinion she feels that there are enough seniors that will play an active role in the "Friends" of the Senior Center. She questioned the expense percentages between Lyme and Old Lyme. First Selectwoman Reemsnyder explained that capital expenses are divided 75% Old Lyme and 25% Lyme and the operating budget is divided 79% Old Lyme and 21% Lyme. The property is owned by both towns and that is why it is 75% - 25% (capital), and the operating budget reflects the school's budget by town population.
Selectwoman Nosal agreed that the Director's hours should be increased to 25 hours per week allowing the Director more time to plan and prep. She would like to have data collected on such things as the Director's hours with regard to how much time is being spent on each task, the enrollment, and the amount of people who participate each day, etc. At least once or twice yearly she would like statistics run on the data allowing things to be tweaked.
Ned Perkins spoke of the responsibilities of the proposed Advisory Board and the "Friends". First Selectwoman Reemsnyder stated that the current Board is more of a "Friends" organization and they are bearing the burden of trying to function as a working board that oversees the building, building usage and maintenance and 5-year planning. It is recognized that this is a struggle for this group. Things such as budgeting should be handled by a board that is equipped to handle this task. A suggestion would be to put together a consultant group that could work with the Board of Directors and help the current Board to decide who should move over to the "Friends" organization. Ultimately we are trying to strengthen the Board of Directors and the Director's position to
make the Senior Center a stronger organization.
Bob McCracken explained why the Task Force made these recommendations. By making the Director a Town Employee, the Director would report to the Selectmen and not to the Board of Directors. The name Board of Directors would change to Advisory Board as they would no longer manage the Director. First Selectwoman Reemsnyder stated that originally when the Ordinance came to be, the Director reported to Town Hall. She would like to know how it is being handled now and feels that the present Ordinance affords the way that it should be handled.
The Selectmen understand that the Board of Directors needs to be strengthened, and that the members should not be burdened with tasks that are not theirs to bear. This would allow the Board to focus on what needs to be their focus. The Director needs more hours and needs to be strengthened in the position.
Selectman Sibley asked that the Task Force look at the present Ordinance along with the spreadsheet of changes presented by First Selectwoman Reemsnyder and come back to the Selectmen with their final recommendation on or before 21 February. It was brought up that the Director could either be a paid employee of Old Lyme or Lyme, with the other town reimbursing the employer for their share. First Selectwoman Reemsnyder will look into this. First Selectwoman Reemsnyder asked the Task Force to pay close attention to the very final part of language that speaks to non-profit status. It does not say that this is non-profit status, but it says that it functions the same way.
d. Flat Rock Hill Road Fire Suppression Standpipe
First Selectwoman Reemsnyder reported that this came before the Selectmen several meetings ago. In 2014 the State of Connecticut will make improvements / repairs to the Flat Rock Hill Road Bridge that goes over I-95. At one point a large truck hit the bridge causing structural damage and part of it has been blocked off. The Fire Department has requested that the State put in a fire suppression pipe when they do the construction. When this was first presented to the Selectmen months ago, they questioned who would provide maintenance on the standpipe. The State of Connecticut sent a letter to the Town stating that the if the Town still wishes to proceed with the installation of the standpipe, that the DOT will execute an agreement with the First Selectman's Office whereby the Town accepts all
testing and maintenance responsibility. The DOT would take care of any defects if need be. The Fire Department has been contacted and would like to move forward and accepts the responsibilities outlined by the State.
Selectwoman Nosal moved to move forward with the improvements so stated by the State of Connecticut for the installation of a Fire Suppression Standpipe on Flat Rock Hill Road. Selectman Sibley seconded the motion. There was a discussion about the responsibilities of the State and the Town. SO VOTED.
e. Snow Plowing Committee Update
First Selectwoman Reemsnyder reported that the Committee has been meeting weekly and many options have been discussed. They have come up with three options that could be considered. One would be to cease plowing all private roads, the second would be to continue to plow just the beach roads, and the third would be to plow all private roads that meet a certain standard which would be set by the Committee. The Committee will meet again on Wednesday. First Selectwoman is awaiting feedback from Town Counsel.
Ultimately the Committee will make a recommendation to the Selectmen by the end of February.
f. Budget Update
First Selectwoman Reemsnyder stated that the Board of Finance has begun the budget process and will meet every Tuesday evening for the next 10-12 weeks.
g. Anti-Blight Ordinance Update
First Selectwoman Reemsnyder stated that four people have agreed to serve on this Committee. She will set a date for the first meeting and get a letter out to the members.
h. Sound View Project Update
First Selectwoman Reemsnyder stated that they are moving forward with the Sound View Project thanks to Frank Pappalardo who actually submitted a grant application about two weeks ago to the CT DOT for Enhancement Funding. The total cost of the project is $659,000, but through the grant there is money available in the amount of $200,000 per year over the next four years. This money is available for nine towns through CRERPA. This money only goes to projects that are ready to go and our application was put in first and we are construction ready. First Selectwoman Reemsnyder is very hopeful that Old Lyme will be awarded this grant money. The amount would be $527,000 (80% of the total cost) and will help the Town to move ahead on the project quickly. The Selectmen would need to go before
the Board of Finance to approve the expenditure. There was a discussion of how to present the project and the expenditure to the Board of Finance and to the Town.
5. New Business
a. Frank Maratta – Request for permission for buses in Sound View
First Selectwoman Reemsnyder stated that on December 5, 2011 Frank Maratta, owner of the Pavilion, had requested permission from the Town to allow the busing of college-aged students to events held at the Pavilion before May 10 which is pre-season. Mr. Maratta was instructed by the Selectmen at a previous meeting to go before the Sound View Commission for their feedback. All three Selectmen were in attendance at the Sound View Commission meeting when Mr. Maratta presented his request. First Selectwoman Reemsnyder read a letter from Frank Pappalardo, Chairman of the Sound View Commission that included the Commission's very detailed recommendation. First Selectwoman Reemsnyder also read letters from the following people requesting that the Selectmen not suspend the bus ordinance per Mr. Maratta's
request:
Mark Mongillo (President Miami Beach Association), Paul J. Rowean (President, Old Lyme Shores Beach Association), Ron Bianca (Federation of Beaches), Scott Boulanger (President Federation of Beaches) and Shirley Granby (summer resident Sound View).
First Selectwoman Reemsnyder reported that the Pavilion states that they are a business and these events are held to make a profit. They feel that the institution of not allowing busses is an unfriendly business move by the Town. First Selectwoman Reemsnyder stated that because the Town encourages business and is business-friendly, this is something that should be discussed. This does not mean if we turn down Mr. Maratta's request that the Town is not business-friendly. In defense of the people who wrote letters asking the Selectmen not to waive the bus ordinance, their points are understood.
Selectwoman Nosal stated that when Mr. Maratta originally came before the Board of Selectmen he was unable to answer many of their questions, and he was unable to answer these very same questions when asked by the Sound View Commission. She did not feel that his proposal was ready for a decision yet. At the Sound View Commission meeting Mr. Maratta mentioned Quinnipiac University as a school that might be interested in participating. Selectwoman Nosal had contacted Quinnipiac University's Dean of Students, Mr. Manny Correira, and he said that the university would not be interested in the least and had never heard of the idea. He was upset that their university was even used in the conversation. In reading the Ordinance, it states "a special circumstance" and in Selectwoman Nosal's
opinion, Mr. Maratta's request does fit the intent of the ordinance. She advised First Selectwoman Reemsnyder not to include this.
Selectman Sibley agreed with what Selectwoman Nosal stated, but with one caveat. Mr. Maratta does own a business; however, if the Selectmen decide not to move forward with it, he can bus people in and dispatch them on Route 156. There is nothing to stop him from doing this. The Town would have more say over the event if they give him permission on a limited level. He felt that there were some things outlined in Mr. Pappalardo's letter that could be implemented if Mr. Maratta was allowed to do this.
First Selectwoman Reemsnyder stated that to say if the Town does not allow this to happen than the students will be dropped off on Route 156 may or may not be true. When businesses and residents co-exist in the same area, residents have a right to say that the business is bothering their normal living. Good neighbors would do whatever they could within their power to work together. First Selectwoman Reemsnyder has more questions to ask of Mr. Maratta, and if he agrees to cooperate with the neighborhood during the entire season, and the Selectmen approve his request with conditions, she would consider doing this on a trial basis. She will have a discussion this week with Mr. Maratta.
b. Rogers Lake Dam – Fishway
First Selectwoman Reemsnyder stated that although the proposed repair of Roger's Lake Dam is old business, the construction of a fishway is new business. She had spoken with Steve Gephart of the CT DEEP and Andrew Fisk of the CT River Watershed Council and discussed moving forward with the dam repairs and construction of a fishway. This has been a long process and the CT DEEP recommends that the Town consider building a fishway when they do the repairs. If the Town plans for the fishway to be built at the same time the repairs are done, then the CT River Watershed Council will give the Town funding for the fishway. It would be smarter for the Town to proceed with building the entire fishway now which will be cheaper to do when the entire dam is being worked on. The
engineering firm is Nathan L. Jacobson and a fair amount of engineering has been done already. Mr. Gephart and Mr. Fisk suggested that the Town create a steering committee in order to keep moving forward. There are some funds in carryover and last year a STEAP grant was awarded in the amount of $229,000. Former First Selectman Griswold has agreed to work on this project by request of First Selectwoman Reemsnyder. The engineering firm will come up with the construction cost of building the complete fishway. The work would be done in fiscal year 2013 and the expense would need to be put in the budget.
c. Proposed Amendment to Ordinance, Private Roads
This amendment went to a past Town meeting and was tabled. First Selectwoman Reemsnyder has presented it to the Planning Commission for their feedback. This amendment applies to the building on unaccepted roads ordinance. This only applies to roads that were in place before the Planning Commission had any say on roads. This would pertain to all the roads prior to 1958 and these are under special circumstances. There will be a couple of changes to the Amendment. Once it is ready the Selectmen will be given a final copy to review.
d. Proposed Amendment to Ordinance, WPCA
This amendment should be addressed at future Town Meeting. In our present Ordinance we do not include language about the removal of any member on the WPCA. Other towns give the Board of Selectmen the right to remove for just cause and after a hearing. This change needs to be considered to the amendment.
e. Proposed Amendment to Ordinance, Parking Tickets
This Ordinance speaks to the removal of vehicles. It states that a vehicle may be removed or conveyed by under the direction of the Town or State Policemen by towing or otherwise removing the same vehicle to Public Garage at the risk of the owner, whenever a vehicle is being parked in violation of 210-3 or 210-4. 210-3 says no vehicle shall be parked at any time in such manner to interfere with the normal flow of traffic or with snowplowing or snow removal. 210-4 says that during any snowstorm at such time as 2 inches of snow has fallen and thereafter until the cessation of the snow storm and the completion of snow plowing operations. The parking of vehicles is prohibited on all highways maintained by the Town. What it doesn't say is that we can remove vehicles when they are parked in
violation of posted no parking signs. Language needs to be added to cover this.
6. Public Comment – NONE
Mervin Roberts asked for clarification on information regarding the fishway.
Frank Pappalardo (Sound View Commission) thanked the Selectmen for attending the Sound View Commission meeting. He stated that the Commission was concerned about the lack of details in Mr. Maratta's proposal and is now concerned with just who the sponsor of this event is. He spoke of their concerns and questioned if these events are appropriate and are they allowed in an R-10 zone. If waivers are approved for this year, they should not be precedence setting for future years. They are trying to be considerate of their neighboring beaches.
Dave ___________ (Old Lyme Shores) stated how unhappy he is about the loud music coming from the Pavilion late into the evening. He looks to the Selectmen to deal with the noise issue at Sound View. He is against allowing the bussing of college students to the Pavilion. There are already a multitude of problems that the Sound View Commission has to deal with and this would add one more.
Dimitri Tolchinski (Chairman of the WPCA) spoke regarding the agenda item regarding the proposed amendment to Ordinance WPCA. He has served on the Commission for 15 years and is concerned that the Selectmen could remove members too easily with this amendment. Would the Selectmen considered adding to this amendment that any person serving on the Commission should consider that participation at 50% or less is not desirable.
7. Other Business
First Selectwoman Reemsnyder referred to the need for a Town Meeting in the future. There is a road called Village Estates that would like to become a Town Road. The process is that they have to meet all of the Town road standards. Ten bids have been received and the three lowest are being reviewed first. At a meeting of the Board of Selectmen on 2 August 2010 this was discussed and there is about $33,000 in the bond available to spend. All of the bids were above that. If the cost of the improvements exceeds the cost of the bond, it will not be the Town's responsibility to cover the extra cost. The association should be asked if they are willing to make up the difference to make Village Estates a Town Road.
First Selectwoman Reemsnyder asked to speak to the other selectmen after this meeting to discuss scheduling another hearing about parking tickets.
Selectman Sibley asked for an update on the issue that Richard Moll had brought to their attention regarding a property owner moving a boundary. First Selectwoman Reemsnyder had visited the site with Ann Brown and it was easily understood how serious this is. It has been discussed with Town Counsel and the next step will be very strong. Mr. Moll is aware that this is moving forward.
The next Board of Selectmen's meeting will be held on Tuesday, 21 February at 4:00 PM in the Meeting Hall of the Old Lyme Town Hall.
8. Executive Session – NONE
9. Adjournment
Selectman Sibley moved to adjourn the meeting at 10:16 PM. Selectwoman Nosal seconded the motion. SO VOTED.
Respectfully submitted,
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Mary Ellen Garbarino
Recording Secretary
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