TOWN OF OLD LYME
BOARD OF SELECTMEN
Regular Meeting Minutes
15 June 2015
The Board of Selectmen held a Regular Meeting at 7:30 PM on 15 June 2015 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.
Approval of Minutes: 1 June 2015
Selectwoman Nosal requested the following changes to the minutes of 1 June 2015 (additions/changes in italics):
Old Business 4b. Rte 156 Bikeway/Sound View Improvements Update: First Selectwoman Reemsnyder reported that the SV Improvements Committee met earlier in the day. Selectwoman Nosal reported that the SV Improvements Committee met earlier in the day. The Committee met previously with Marcy Balint at the Office of Long Island Sound (LIS) Programs. LIS had expressed concerns that a reduction in parking at Sound View would also reduce public access to the shore front. The Committee met at the LIS office to provide more information on public and private parking availability, discuss the challenges of the area, and to describe the Bikeway/Improvements project in more detail. A decision from LIS is expected within the week.
The bathroom facility will be costly with a limited funding available through the DOT grant budget.
Selectwoman Nosal reported that the committee met earlier today for a budget review. The Committee has asked their engineer to look for possible cost reductions elsewhere in the project. They will also ask their architect to provide cost estimates, which are needed for a required Information Meeting scheduled for June 30.
The next Route 156/Sound View Improvements meeting is scheduled for June 8 at 4:30pm. First Selectwoman Reemsnyder invited the public to attend the meeting and described the beautification and safety improvements of the streetscape plan.
Old Business 4d. Memorial Day Weekend/Parade. First Selectwoman Reemsnyder said keeping the area safe and keeping the Rangers safe remain the Town’s priorities. She clarified that while Rangers will not deal directly with alcohol related problems, they will be calling a Police Officer to deal with the issues. She will be meeting with Miami Beach Association officers about Ranger responsibilities, and has requested a photo of the Miami Resident Pass, because Miami Beach residents are allowed to have coolers on their beach.
She also noted that there were many patrol checks in the Sound View area and very few calls to the Police this year, and she has asked to see reports on an ongoing basis.
Selectwoman Nosal said some of the angst is over a personnel issue that cannot be discussed here. She observed Rangers checking coolers over the weekend. She stressed the importance of written instructions for the Rangers, and concurred that it is important to document all incidents with phone calls to the police as needed. She reminded all about the positive activities that occurred on time this season e.g., parking lot lining, flags up, due to a communicated process.
Additionally, regarding alcohol tickets written by the Rangers, during the appeal process that given the lack of evidence the tickets are often excused. This is an area the Board has wrestled with themselves.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve the minutes with the changes noted. Motion passed.
Communication: None
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley to add a few appointments with July expiration dates to the agenda. Motion passed.
Appointments:
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to reappoint Doris Johnson to a three year term on the Lymes Senior Center Board to expire in July 2018. Motion passed.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to reappoint Ann Griffith and Don Tapper to three year terms on the Lymes Senior Center Board to expire in July 2018. Motion passed.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to reappoint Robert DePianta, Roger Breunig, and Luisa Grogan to one year terms on the WPCA Hearing Board to expire in July 2016. Motion passed.
Old Business:
- Boathouse Hains Park Improvements Update
Selectman Sibley reported that a Boathouse Committee meeting took place last Thursday, June 11. The Committee had previously approved an amount not to exceed $7,000 for additional design work. At the June 11 meeting, the architect presented five options for the Committee to consider. The Committee unanimously decided to proceed with two of the five possible options (options a. and e.). Both options would upgrade the existing bathroom facilities. One of the options would require code modification. The Committee agreed that maintenance of the bathroom facilities would be a Town responsibility.
First Selectwoman Reemsnyder said she was pleased with the collaboration and compromise that occurred at the Committee meeting. Selectwoman Nosal concurred.
The First Selectwoman has also ascertained that the Town will be able to submit requests for STEAP Grant reimbursement on the project as invoices are paid, and that the costs of an earlier building design, deemed unusable, are eligible for reimbursement.
Selectman Sibley added that the Committee may consider dividing the project into separate bids in order to extend the budget. STEAP Grants carry prevailing wage requirements, but aspects of the project not covered by STEAP funding will not have the same provision.
- Rte. 156 Bikeway/Sound View Improvements Update
Selectwoman Nosal reported that a meeting of the Committee took place last Monday. A recent construction estimate came in at $1.4 million, significantly higher than the original estimate of $655,000. She said $300,000 of the cost is due to the costly requirements for the new restroom facility.
The DOT liaison has informed the Committee that DOT will not expand the funding allotted to the project, so the Committee has decided to phase in the improvements. The Committee has recommended an initial focus on the Streetscape phase (including the Bikeway, sidewalk and streets) to stay within the DOT Grant parameters.
The Town has been notified by the Office of Long Island Sound Programs that they have found the project to be consistent with the Connecticut Coastal Management Act.
A Public Information Meeting has been scheduled at the Lyme Old Lyme Middle School for June 30. Property owners in the impacted area will receive postcards notifying them about the meeting, and legal notices will be published on two separate dates as required by the DOT.
The Committee anticipates proceeding to the final design stage for the streetscape but not for the Park or the bathroom facility. They will review streetscape plans to identify potential cost reductions.
- Rogers Lake Treatment Application Update
First Selectwoman Reemsnyder advised the Selectmen that the consulting firm hired by the Towns has begun the process of applying for a permit from the DEEP. They are waiting for required feedback from the NDDB (Natural Diversity Database). Based upon timing, it is possible that treatment may not take place this year, or may take place in only a targeted area, e.g. the boat launch area.
Selectwoman Nosal had three questions about the project:
If treatment is delayed, will the permit expire? The First Selectwoman said she did not expect that to be a problem.
The Conservation Commission has raised questions about the process. What is the process? The First Selectwoman said the Town Inland Wetlands and Watercourses Commission will receive a copy of the permit application and will consult with their attorney to determine if they have jurisdiction.
What is the matrix for a lake management plan? The First Selectwoman responded that the consultant has been asked to develop a three year plan which will be presented when drafted.
Selectman Sibley asked for additional information on the NDDB, but no additional details were known.
- Bus barn schedule of repayment
The Regional District 18 Board of Education has asked to increase Bus Barn repayments from $55,000 annually to $60,000 annually. The Board of Selectmen agreed to eliminate interest from the repayment schedule at a meeting this year. The Town originally paid for construction of a new Bus Barn on Four Mile River Road at a cost of $575,000 when safety concerns were surfaced regarding the former Bus depot on Jadon Drive. District 18 has been repaying that expense.
First Selectwoman Reemsnyder has consulted with Bus Barn contractor, Todd Machnik, to determine a reasonable reserve amount that will cover future costs such as pavement or diesel tank replacement. They concurred that it is reasonable not to add reserve payments to the current repayment schedule because replacement costs are unlikely during this period.
The First Selectwoman will develop a Memorandum of Understanding (MOU)with the School District to memorialize the agreement reached with the Board of Selectmen. The MOU will also cover annual reserve payments that will begin when the debt has been repaid (year 12 of the repayment schedule).
Selectman Sibley noted interest paid to the Town in the first five years of repayment amounted to $60,000 or approximately 1%. Selectwoman Nosal added that she thought the new repayment terms were very fair.
- Update on State budget passed
First Selectwoman Reemsnyder provided some information on the recently passed State Budget. There had been concerns about possible cuts to social service programs and an increase in Resident State Trooper (RST) program costs to municipalities.
She said our local Social Services programs, including the LYSB budget, are not negatively impacted by the Budget. The Town currently pays 70% of RST costs and had budgeted for 80% in the new budget. The actual cost will increase to 85%, not 100% as feared.
In addition, the new State Budget includes changes to the minimum budget requirements for school districts which will offer relief to districts facing declining enrollments. The State has set a cap on Motor Vehicle taxes, but Old Lyme will not be impacted by the cap.
The First Selectwoman anticipates that additional analysis on the State Budget will be done by CCM and COST, and she will share information with the Selectmen as she receives it.
- Millstone/FEMA emergency drill June 17
An annual Millstone drill is scheduled to take place on June 17. The drills are evaluated by FEMA every other year – this year’s drill will not be evaluated.
New Business:
Cathy Frank explained that an email retention policy was recommended by Attorney John Radshaw at a workshop she attended earlier this year. Emails are considered documents that must be retained. She distributed copies of a draft email retention policy and samples of both the CT State Library’s Retention Schedule and a Request for Disposal Authorization form. All municipal departments are required to seek permission from the CT State Library before disposing of any documents.
First Selectwoman Reemsnyder said the Board of Selectmen will discuss the policy and make a decision at a later meeting. She asked Cathy to send the draft policy to the Selectmen electronically.
Selectman Sibley wants to be sure the Board makes it easy for volunteers serving on boards and commissions to comply with a policy. He cited the potential for problems when volunteers’ work email addresses are used.
The First Selectwoman said information about the use of personal/work emails could be added to letters sent to volunteers when they are appointed to a board or commission.
- Flat Rock Hill Road bridge construction
First Selectwoman Reemsnyder has received an email from the State DOT indicating that work on the Flat Rock Hill bridge has now been completed.
- Bus request from Lenny’s on the Beach
First Selectwoman Reemsnyder received a request to waive the Town Ordinance prohibiting bus traffic in the Sound View area from Lenny’s on the Beach for a UCONN football team event planned for Saturday, August 22 from 11:30am to 2:30pm. Three coach buses carrying 150 people are expected for the event.
She has asked for input on the request from the Resident State Trooper, Fire Marshal and Sound View Commission. Sound View Commission chair Frank Pappalardo expressed concerns about public safety and establishing precedents. He also said the Sound View Commission would like to have a full discussion of the request at its June 22 meeting.
The Fire Marshal did not believe there would be a problem since the participants would be outside, not inside the establishment.
Selectwoman Nosal suggested delaying a decision until the Sound View Commission has met to discuss the request. She asked if the date could change, suggesting that a Saturday in August was not ideal. She attempted to contact the UCONN coaching team to ask questions about the event and is awaiting a response.
Selectman Sibley solicited input from local residents when he was at Sound View over the weekend. He asked the First Selectwoman to consult with local police officers, in addition to the Resident State Trooper, and concurred that the Sound View Commission should have an opportunity to discuss the request.
The First Selectwoman said this is a challenging situation. The Ordinance was enacted as a response to safety concerns, however, there will also be safety concerns if the buses are not allowed to drive down the streets and instead drop off passengers to walk to Lenny’s. She said the question to answer is: Is there a safe way we can permit this to happen?
- Congratulations to Class of 2015
The LOL High School graduation ceremony will take place Friday night at 6pm. The First Selectwoman extended congratulations to the Class of 2015. She also congratulated the rowing team which earned the Silver Award in the US National Youth Rowing Championship over the weekend.
- Midsummer Festival/Fireworks; July 24-25
The Midsummer Festival is scheduled for July 24 and 25. The Town sponsored fireworks will take place Saturday night, July 25.
Public Comment:
Joann Reis Lishing, 75 Swan Avenue, urged the First Selectwoman to deny the bus waiver request from Lenny’s on the Beach, citing concerns for pedestrians, including children, who walk on the streets. She said her comments are about buses on the roads, not about the event itself.
Michaelle Pearson, Portland Avenue, read aloud the following letter:
July 15, 2015 ~
This past weekend, some things were better, and some things were worse. The gates at Portland Avenue were closed on Sunday, so traffic was much more manageable than last weekend, and pedestrians were able to safely use Portland avenue to get to the beach.~
However, the swim lines, ball playing and open drinking of alcohol remain serious issues.~
Swim Lines
The swim area is supposed to be a safe, cordoned-off area for the sole use of swimmers and waders. Yet, every week it seems a section of these lines mysteriously goes missing, whether cut or accidentally severed. Last week the missing section was in Miami Beach. This week, a large section is missing from Lot B-11(Portland Avenue pass-thru) to Hartford Avenue, basically the entire length of Sound View beach, plus some of Miami. Kayakers and Jet Skiers were observed in the swim area, very close to people in the water. The swim lines are an essential safety feature at Sound View, especially given the fact that there is no life guard present.
I emailed the Selectmen and also Harry Plaut, who is in charge of maintaining the lines, and included a photo. I hope this repair will be done as soon as the weather clears, and certainly before next weekend. It should be noted that the beach cleaning crew is also under Mr. Plaut’s purview. Why can’t they report to Mr. Plaut on the state of the swim lines each morning, rather than rather than waiting for residents to complain or accidents to happen?
Ball Playing & Drinking
The drinking and ball playing on the beach has also gotten much worse. During the three hours I was at the beach on Sunday afternoon, there were at least 4 groups playing football on the sand, amongst the blankets and over the heads of other beachgoers.~
The beach is much too crowded to allow this, and it was decided years ago that all ball playing must take place in the water, not among the blankets on the sand. In the past, Rangers have informed these groups of the rules, and asked them to please move their game into the water. This year, the Rangers are not doing this.~
Likewise, the open drinking of alcohol, especially from glass bottles, is rampant. Every beach in the country prohibits glass containers for the obvious reason that broken glass gets into the water or buried under the sand causing injuries when people step on it.~
This weekend I witnessed numerous instances of people openly drinking beer from glass containers on the beach and on the street. During the three hours I was at the beach, I did not see a single Ranger or Police Officer on the sand. I later drove by and saw a group of them clustered at the parking lot. Why are the Rangers no longer patrolling the sand?~
~A team of two Rangers should walk the beach once per hour, informing people if they are breaking the rules, such as no dogs, drinking or ball playing on the sand.~ ~
This was done last year, and the beach had a much friendlier and calmer aspect to it. More families were starting to feel that it might be ok to come to Sound View with their children. Now, we are back to the same issues again, and there is no one enforcing anything on the sand, or even informing people of the rules. Adjustments must be made, and quickly, before we lose all the progress we have made in the past several years.~ —Michaelle Pearson
Sandy Ziemba, owner of Bart’s Parking at Sound View, offered to close her lot to the public on August 22 to allow use of the lot by the UCONN football players. She wants to support local businesses in Sound View.
Scott Boulanger, Miami Beach Association, spoke on behalf of the Association, which met over the weekend and discussed the Lenny’s on the Beach bus request.
The Miami Beach Association believes the event could present a positive opportunity for the Town, and suggests closing the roads to other traffic and escorting the buses to and from Lenny’s for the event. They believe not supporting the UCONN team, which is recognized nationally, would have a negative impact on the Town.
Frank Pappalardo, chairman Sound View Commission, reiterated that the issue to be considered is safety. The Sound View Commission will discuss the request on Monday and he hopes they will be able to suggest alternative ideas.
Tim Griswold, Griswold Point, was involved in the drafting of the Ordinance prohibiting bus traffic on the Sound View beach streets. He expressed concern over potential liability to the Town if three coach buses with 150 passengers are permitted down the streets. He advised against approving the request and possibly setting a precedent.
Lenny Corto, owner of Lenny’s on the Beach, expressed disappointment with comments from the Sound View Commission chair. He believes there have been improvements to the parking situation in the Sound View area since the Ordinance was approved. He looks forward to working out the logistics of the August 22 event with local law enforcement and the Board of Selectmen.
Other Business:
First Selectwoman Reemsnyder said the Town will be submitting a Recycling Rewards Grant application. The application has already been shared with the Selectmen and their comments have been incorporated into the application.
Selectman Sibley asked if the First Selectwoman had followed up on concerns about a Connecticut Water Company connection in Sound View brought up by Dennis Melluzzo during Public Comment at the last Board of Selectmen meeting. First Selectwoman Reemsnyder said she has discussed the situation with the Town Sanitarian and learned that public water connection is a resident initiative, not the Town’s. There may be constraints to the connection related to Building and Health regulations. Selectman Sibley asked the First Selectwoman to meet with residents to better understand the issue.
Selectman Sibley was at Sound View over the past weekend and noted possible over-parking in a permitted lot at Swan and Bocce. He brought the matter to the attention of a local police officer who told him the Resident State Trooper’s input was needed. Selectman Sibley requested an investigation into the matter. He is concerned that there is a lack of understanding among local Police and Rangers regarding responsibilities and would like to see rules applied consistently. He also noted that cars were parked in the Shoreline Church lot on Route 156 and no No Beach Parking signs were posted.
He believes there may be a disconnect between the Resident State Trooper and municipal Police and suggested that the First Selectwoman meet with all.
First Selectwoman Reemsnyder said she has reached out to the Resident State Trooper regarding the Parking Lot issue. She confirmed that Private Parking Lots are permitted and required to abide by specific regulations. Failure to comply can result in fines or possible non-renewal of the Parking Permit.
She believes sturdier signage may be needed for the Shoreline Church lot. Some earlier signs have apparently gone missing.
She also confirmed that she has met with the Rangers regarding their responsibilities and has put same in writing. She has met with municipal Police individually but meeting with all simultaneously is difficult due to their different schedules.
Selectwoman Nosal wanted to compliment Harry Plaut for quickly resolving a swim line situation she brought to his attention after Memorial Day weekend. She said she was at Sound View over the weekend and believed the Rangers were being responsive to residents.
Bound for the Sound, a road race coordinated as a fundraiser by the Lyme Old Lyme Education Foundation, will take place Sept. 26. Last year the Sound View Commission encouraged the LOLEF to take care of paperwork for the race earlier and the LOLEF has complied.
The Sound View Summer Concert series will begin soon, with the Old Lyme Town Band scheduled to perform on June 25.
Executive Session: None
Adjournment:
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to adjourn at 9:31pm.
Catherine Frank
6/17/15
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