Old Lyme Board of Selectmen
Monday, 17 September 2012
Regular Meeting
The Board of Selectmen held a Regular Meeting at 7:30 PM on Monday, 17 September 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.
Selectman Sibley moved to add to the agenda the approval of minutes from Regular Meeting 4 September and Special Meeting 30 August. Selectwoman Nosal seconded the motion. SO VOTED.
1. Approval of Minutes
Regular Meeting 4 September 2012 and Special Meeting 30 August 2012
Selectwoman Nosal moved to approve the minutes of Regular Meeting 4 September. Selectman Sibley seconded the motion. SO VOTED. Selectman Sibley moved to approve the minutes of Special Meeting 30 August. Selectwoman Nosal seconded the motion. SO VOTED.
2. Communications – Letter regarding Robert Tyson, OLPD
First Selectwoman Reemsnyder read a letter from Town resident Katherine Manson commending the actions of Old Lyme Police Officer Robert Tyson after a minor automobile accident that happened on her property last May. Ms. Manson made a donation to the Police Union in Officer Tyson’s honor.
3. Appointments – NONE
4. Old Business
a. Gregory DiMichiel: 62-6 and 62-8 Brighton Road, Waiver of Sec. 25-5 Ordinance
This is an application for a waiver of Section 25-5 Ordinance. First Selectwoman Reemsnyder read a letter from Attorney Edward Cassella who had reviewed the ordinance and the property in question. He stated that the Selectmen must first determine if Section 25-5 applies to the property and decide whether the property abuts an existing unaccepted road and also whether the existing unaccepted road is shown on a plan filed with the Town Clerk prior to 1958. Attorney Cassella states that the property known as 62-8 Brighton Road does not abut an existing unaccepted road. It abuts private property over which there are numerous rights of way. If the Selectmen agree with this interpretation, and determine that this property is no longer an existing unaccepted road, the Town loses the ability to prohibit
the erection of buildings and structures and the review of any development application would be purely a function of Zoning.
Jeff Flower, architect for the DiMichiels, stated that the property owners had made an application for a waiver and stated “I would assume you would go ahead and deny the waiver”. Selectman Sibley moved that the Selectmen vote on the application as submitted by Gregory DiMichiel asking for the Selectmen to apply the waiver of Sec.25-5. Selectwoman Nosal seconded the motion. DENIED.
b. Acceptance of Woodcrest Estates as a Town Road
First Selectwoman Reemsnyder stated that the property had been visited last week and concerns were addressed. There are five trees in the center island that need to be removed, including the stumps. The developer will mulch around the center of the island, including the area where the boulders are located. There is a concrete catch basin on the left side of Woodcrest Drive that is currently chipped and damaged and a dead tree near the stone wall close to Route 156 will be removed. Once these items are completed, the Selectmen will vote on whether or not to bring this to a Town Meeting. Selectwoman Nosal would like the Planning Commission to review the parameters of center islands.
c. Lombardo Associates, Community Wastewater Treatment Proposal Discussion
Several weeks ago, the Health Department asked Lombardo Associates, Inc. to review the proposals that were given to Old Colony Beach Club Association to see if the alternatives considered were cost-effective. Within the study, Lombardo Associates came back with a plan that has been discussed. The WPCA has voted in favor of funding the additional $3,000 to expand the study to include the report for Old Lyme Shores Beach Association. If this system were used by multiple beach communities the savings would be even greater. The final draft of the study just came in and the Selectmen will review it. This draft will be posted on the Town Website. First Selectwoman Reemsnyder and Ron Rose will be meeting tomorrow with Mr. Dennis Greci of the CT DEEP.
d. Water Resource Code – Discussion
The Water Resource Committee has drafted a code that would require permitting for water that is exported out of Town. This code was submitted to the Selectmen in June and the Selectmen reviewed it but requested legal guidance. First Selectwoman Reemsnyder had obtained the name of Shipman and Goodwin, which is a legal firm that deals with water resources. Attorney Bruce Chudwick, a member of the firm, has reviewed the code at no cost to the Town and has provided feedback. He and another attorney in the firm were concerned that this code would not be enforceable. It is in the Town’s best interest to look at this further before adopting the code. The cost of having this firm put their opinion in writing would be in the range of $7,500. This information will be shared with the
Water Resource Committee. First Selectwoman Reemsnyder will ask the Committee to meet again before the Selectmen move forward.
5. New Business
a. Fire Department Request regarding Pension and Abatement – Skip Beebe
Skip Beebe and Rick Colangeli of the Old Lyme Fire Department spoke to the Selectmen about the Department’s Pension and Tax Abatement. The present incentive plan was reviewed and Mr. Beebe presented proposed changes that he felt would be more fair to members who are 65 years of age or older and who have served actively for 25 years. In order for a member to be considered active, each year they have to score a certain amount of points in that year. It is more difficult for the older members of the Fire Department to score this amount of points due to many factors in their lives.
The Selectmen will review this and another discussion will be held in the future. First Selectwoman Reemsnyder stated that because of the hard work and diligence from the members of the Fire Department, the Town receives a high rating with ISO, thus allowing every property owner in Old Lyme a reduced fire insurance rate.
Mr. Beebe then reviewed the present Incentive Plan and made suggestions to the Selectmen as to changes that he would like the Selectmen to consider. This also will be discussed by the Selectmen in a future meeting.
b. Discount Prescription Card for Residents
The Town received an opportunity through CCM (Connecticut Council of Municipalities), who has partnered with ProAct, Inc, to provide discount prescription cards to qualified residents. This service will be at no cost to the Town or the residents. First Selectwoman Reemsnyder would like the Town Attorney and Finance Director to review the agreement. This will be put on the agenda for the next Selectmen’s meeting.
c. Certificate of Appreciation – Phil Trowbridge
Phil Trowbridge is a resident of Old Lyme and has a business located on Hatchetts Hill Road near the Public Works. Many times Mr. Trowbridge has volunteered to use his heavy equipment to move things for Public Works. Mr. Trowbridge will be presented with a Certificate of Appreciation from the Town for his many acts of kindness and generosity to the people of Old Lyme.
6. Public Comment
Doug Whalen, Old Colony Beach Club Association, expressed his appreciation to the members of the Old Lyme Fire Department.
Mr. Whalen was surprised to hear that Mr. Greci from the CT DEEP was in favor of the Lombardo proposal. Community systems are still sewer systems and some form of pre-treatment is necessary. Mr. Whalen stated that we do not want a treatment facility in Old Lyme and this is why Old Colony Beach and Old Lyme Shores has decided that the wastewater should be transported to New London where there is already a treatment facility. Mr. Whalen is concerned that the Town would invest $10,000 in a study that will only take a few weeks to complete. Old Colony and Old Lyme Shores have already invested over $180,000 for a 2-year study to find out what is best for their communities.
Steve Dix, a resident who works with Lombardo Associates, gave a background of his experience and that of Lombardo Associates. He stated that their proposal will work with existing land use. They are looking at an integrated and environmentally sound system. He stated that they have done a very thorough job in the short time that they have had to work in.
First Selectwoman Reemsnyder clarified that the Selectmen do understand that this is considered a sewer system under the DEEP. Also in the letter from Mr. Greci from the DEEP, he stated that he was happy to see that the Town was stepping up to look at issues. The Town of Old Saybrook has invested over $250,000 in trying to answer some of their issues in using on-site wastewater treatment facilities and have not yet installed any systems.
7. Other Business
Selectman Sibley would like the Selectmen to touch base with the Anti Blight Committee for a status on their recommendations.
Selectwoman Nosal reported that about 3 weeks ago she had received a call from a citizen who has concerns about the re-pavement of Library Lane that was performed by the Town last year. Between the mailboxes and the road, gullies have formed. Ed Adanti did come out right away and laid some stones down in the gullies. The postmen had no issues with the stones. The citizen called again and the neighbors are not happy with the solution. Selectwoman Nosal would like to be sure that putting stone down was the appropriate decision and that the Town is doing all that they can to eliminate the problem. There is also a manhole cover in the same area that could use some attention. First Selectwoman Reemsnyder had forwarded that information to the Fire Department for their
input and will follow up with them.
First Selectwoman Reemsnyder stated the legal action with Netsch Construction Company has been consummated. Netsch has been paid and the Town has received the withdrawal and all documents needed. The Town may now move forward and get the heating system looked at. The amount paid to Netsch Construction was $153,000 with the original bill being $209,000. The release and consent order was signed in the case of Anderson vs. Old Lyme. The insurance company settled for paying $145,000 to get those releases and this went towards plaintiff’s attorney fees.
The next Board of Selectmen's Meeting is scheduled for Monday, 1 October 2012 at 7:30 PM.
9. Adjournment
Selectman Sibley moved to adjourn the meeting at 9:02 PM. Selectwoman Nosal seconded the motion. SO VOTED.
Respectfully submitted,
Mary Ellen Garbarino
Recording Secretary
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