TOWN OF OLD LYME
BOARD OF SELECTMEN
Regular Meeting Minutes
January 19, 2016
The Board of Selectmen held a Regular Meeting at 4 pm on January 19, 2016 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectwoman Bonnie Reemsnyder, Selectman Skip Sibley and Selectwoman Mary Jo Nosal were present.
4 January 2016 Special Meeting
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to approve the minutes of the 4 January 2016 Special Meeting. Motion passed.
4 January 2016 Regular Meeting
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to approve the minutes of the 4 January 2016 Regular Meeting. Motion passed.
11 January 2016 Special Meeting
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve the minutes of the 11 January 2016 Special Meeting. Motion passed.
2. Communication: None
3. Appointments:
Paul Orzel (U) – Zoning Commission, alternate – 1 yr. term Jan. 2017
The recommendation for the appointment was made by the Zoning Commission chair. A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to appoint Paul Orzel as an alternate to the Zoning Commission for a 1 year term to expire in January 2017. Motion passed
4. Old Business:
- Boathouse Hains Park Improvements
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to table Boathouse Hains Park Improvements until guests arrive at the meeting. Motion passed. The guests will be making a presentation on Boathouse plans.
- Rte. 156 Bikeway/Sound View Improvements
Selectwoman Nosal provided an update on the committee meeting that took place on January 11. The meeting was the third design workshop and the last before preliminary designs will be submitted to the DOT. The original project liaison to the DOT – Chris Faulkner from VHB – is working with the committee again. The committee discussed the need for a construction inspector as required by the DOT. The inspector can be a Town employee, from the design engineering firm, or from a third party firm. BSC, the design engineer, cannot provide the inspector and the Town does not have a qualified employee available for full time onsite inspection. The committee will need to go through the RFQ process for a construction inspector.
The committee has been looking at lighting for the area, including LED lighting, which is expected to cost $30,000. She noted that letters had gone out from the First Selectwoman seeking signed agreements from area property owners to allow sidewalk improvements.
At this time, the opinion of probable costs for the project is $761,000, a $10,000 increase but still within the acceptable range for the grant. A Public Information session will be scheduled for end-April, for the convenience of seasonal residents, once the final design has been updated.
The next committee meeting is scheduled for January 26 at 4:30pm.
First Selectwoman Reemsnyder noted that the DOT requires a construction inspector onsite. A Town Meeting will be required to approve the total cost of the project after costs are further refined. The DOT grant is expected to cover 80% of the project costs.
Selectman Sibley noted that the cost of the construction inspector is built into the 25% contingency and will not be an added expense. The DOT has a list of approximately 40 qualified, certified inspectors.
Selectwoman Nosal added that BSC will continue to be involved as design engineers. The committee will not negotiate a fee for construction inspection until a firm is selected, following much the same process as they did to solicit a design firm. She believes construction will begin after Labor Day.
- Administrative Order/WPCA Update
First Selectwoman Reemsnyder distributed notes from a November meeting with the DEEP, and a December meeting that occurred with the Health Director, Sanitarian, and WPCA Chair.
At the November meeting, the DEEP was asked to consider delaying implementation at Hawks Nest while additional testing was performed. The DEEP expressed reluctance at a tiered approach to implementation without more information about monitoring efforts at Hawks Nest Beach. The December meeting was scheduled to discuss what might be reasonable additional testing at Hawks Nest, however the Town Health Director felt strongly that additional testing was not needed after he reviewed existing data.
The First Selectwoman read an excerpt from a three page letter presented by the Health Director at the January WPCA meeting, which called groundwater contamination at Hawks Nest a public health hazard.
The letter is available on the Town website with the WPCA minutes.
Also at the WPCA meeting, engineer Jay Sheehan of Woodard & Curran requested an amendment to the existing engineering services agreement with the Town because of anticipated work required to complete the Plan required by the DEEP. The First Selectwoman distributed a memo from Mr. Sheehan in which he articulated the additional tasks required and requested an additional fee of $5,000. If approved, a decision must also be made regarding which account should be charged for the additional expense.
She asked the Selectmen to email her with any questions which she will forward to Mr. Sheehan, and noted that the tasks he detailed appear to comprise more than $5,000 worth of work. She said the Plan must be completed and submitted in order for the Town to comply with the Administrative Order from the DEEP.
She will also share the request with the Board of Finance. A final presentation by that Board’s attorney is expected tonight. An earlier draft suggested the formation of a Task Force with representation from the Boards of Selectmen and Finance and the WPCA.
She has received many emails from Hawks Nest residents stating they do not need sewers. In an effort to be collaborative, the WPCA agreed to accept statements and data from the community until January 31. Letters were mailed to Hawks Nest and Sound View residents, using addresses in the Assessor files, requesting the information. The Health Department will compile the responses and submit to Woodard & Curran.
Selectwoman Nosal attended the WPCA meeting and described the WPCA as deliberative. She said Dr. Sikand had given wholistic consideration to what had and had not been tested.
Selectman Sibley believes the process is moving toward consensus with residents. He expects that the more Hawks Nest Beach residents understand the data, the more they’ll get on board and hopefully be aligned with the Town’s recommendations. He noted that the Town currently has 14 years of data from Jacobson Engineering, and it is the State that will ultimately decide. Selectman Sibley believes a Task Force makes sense.
First Selectwoman Reemsnyder fears that residents are under the impression this is a decision the Town can make, not one that is being forced upon us. She does not believe we are at consensus yet but the Sanitarian, Health Director, consulting engineers and the DEEP are all in agreement.
First Selectwoman Reemsnyder stated that the Selectmen had met with the Finance Director on January 4 and 11to review and discuss operating and capital budget requests. A final review session is scheduled for January 25 at 4pm.
The Board of Selectmen has not made any revisions to the budget requests and will submit to the Board of Finance as received. Selectwoman Nosal noted that while no changes were made, she welcomed the opportunity to ask questions and ask the Finance Director to look into some areas. Selectman Sibley agreed the review was part of a good, collaborative process.
5. New Business:
- NEC Futures Plans for Railroad Service updates
First Selectwoman Reemsnyder provided the Selectmen with a statement she read at a hearing last week about potential changes to the Northeast Corridor railroad service, specifically the location of the rail in Old Lyme. She learned of the plans from resident Peter Cable, and expressed displeasure that the CEOs of impacted towns had not been contacted directly. She was the only representative from a town at the hearing. A number of UCONN students were there to support an alternative that would bring a rail line near the Storrs campus.
Several alternative plans have been developed but the one with significant impact would relocate the rail to run adjacent to I-95. This would have considerable impact on the environment and would likely involve eminent domain. The closing date for comments is end-January, although she understands the State may request an extension of that deadline. She has reached out to RiverCog and to the First Selectmen in neighboring towns.
The development of future plans for the Northeast Corridor is directly related to new legislation which requires that income derived from the corridor be invested in that corridor. The Northeast Corridor, from Washington, DC to Boston, is the busiest and most lucrative rail corridor.
The Selectmen concurred that leadership in southeastern Connecticut should have been made aware of the plans. Selectwoman Nosal reviewed the plans and noted that the alternatives presented would not meet the stated goals. Selectman Sibley called it a classic example of needing to slow down a process.
Selectwoman Reemsnyder encourages residents to continue to bring issues of concern to the attention of the Selectmen.
- DEEP Grant for Rogers Lake Weed Treatment
Lyne and Old Lyme applied for but did not receive a grant for weed treatment last year. This year, the Rogers Lake Authority applied for the grant and were successful. $18,500 will be awarded for weed control costs. First Selectwoman Reemsnyder thanked Authority members for their efforts and will follow up on the grant.
- Transfer Station Safety Improvements
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to table discussion of Transfer Station Improvements until guest Gary Yuknat’s arrival. Motion passed.
- Annual Town Meeting January 25
First Selectwoman Reemsnyder said the Annual Town Meeting will take place at the Lyme Old Lyme Middle School auditorium and includes the following:
- Accept Annual Report
- Accept Blackwell Lane Extension
- Adopt Resolution for ICE application
- Approve use of C-PACE program for Old Lyme
- Accept gift of Artwork
- Announce Citizen of the Year
A presentation on the Rogers Lake Boathouse will immediately follow the meeting.
4.a. Old Business: Boathouse Hains Park Improvements
Selectman Sibley reviewed Boathouse progress. The Parks & Recreation Commission believes they have the authority to approve Boathouse plans, and requested funding for a legal opinion. The Board of Finance suggested the Boathouse committee update the Parks & Recreation Commission on their plans.
BHPIC co-chairs Paul Fuchs & Paul Gianguinto presented plans to the Commission and said they were favorably received.
Paul Fuchs reviewed the status of designs for the Boathouse with the Selectmen (see attachment). Since a preliminary design was presented over a year ago, a number of modifications have taken place. In addition to eliminating the second level, other changes have reduced the anticipated cost by $270,500. Current plans are under review by the Zoning Department, Building Official, and Fire Marshal.
Those plans provide for an upgrade to the existing restrooms that will provide year round use. Another possible upgrade to the Park is a Pavilion.
Co-chair Paul Gianquinto noted that a key concept of the current plan is to implement in two phases. Phase 1 will be limited to the Boathouse and basketball court, as detailed in the Town’s STEAP Grant application and subject to prevailing wage requirements.
Phase 2 will not require prevailing wage and will include the restrooms.
They estimate the total cost for Phase 1 at $720,000 with $214,000 available for Phase 2 improvements.
Selectman Sibley applauded the collaborative effort among members of the Boathouse committee, the Parks & Recreation Commission and Regional District 18.
Co-chair Gianquinto recounted that the Planning Commission has deemed the plan consistent with the Plan of Conservation and Development. The committee will present to the Board of Finance tonight and will appear before the Zoning Commission for a required Special Permit on February 8. They hope to move quickly and avoid delaying construction until November when costs could increase.
First Selectwoman Reemsnyder noted the design of the present rest rooms present some safety concerns. She hopes the new restroom design will take that into account. She believes there are many improved safety features in the new plans. Selectwoman Nosal concurred.
6. Public Comment: None
7. Other Business:
The First Selectwoman updated the Selectmen on the $1.6 million Harbor dredging grant project. Work on the Four Mile River was completed last week and work is set to begin on the Black Hall River. She receives updates on the project from Harbor Management Chair Steve Ross and expressed thanks to Chairman Ross and to vice chair Ned Farman for their work on the project. Work should be completed by end-February, early March.
She has had a request for designated business parking on Hartford Avenue at Bocce Lane for a Hartford Avenue Deli which will occupy the space that was Figs & Olives. The Deli also hopes to have outdoor seating. The request is on the agenda of the next Sound View Commission meeting but she believes the Board of Selectmen should review it first.
She referred to a presentation by the Fire Dept and Police at the last meeting for a specific boat, which raised the possibility of placing a deposit on the boat, pending approval of the purchase.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to add Discussion of a Deposit on Fire/Police Boat to the agenda. Motion passed.
Deposit of Fire/Police Boat
The Finance Director has confirmed that funding for a deposit is available in the budget.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve payment of a $1,000 refundable deposit for the boat. Selectwoman Nosal would like the date for return of deposit be specified. Motion passed. The First Selectwoman will share this vote with the Board of Finance.
Selectman Sibley followed up on Selectwoman Nosal’s concern, expressed at the last meeting, about the lack of minutes for meetings of the Fire Department/Ambulance Benefits Committee in 2015. He brought this to chair Skip Beebe’s attention, and Barbara Rozanski has volunteered to follow up on the missing minutes.
He has also suggested that the committee revisit their charge.
He would like to discuss the Septage Transfer Facility during discussion of the Transfer Station when Gary Yuknat arrives.
Selectman Sibley noted that a Pavilion was not part of the original Boathouse/Hains Park scope as presented and approved at the October 2014 Town meeting. Even if funds are available to add a Pavilion, he thinks it would be prudent to seek approval.
First Selectwoman Reeemsnyder will ask the Town Attorney for written confirmation that available funds could be used to add a Pavilion to Hains Park.
Selectwoman Nosal stated that the Board of Selectmen, not the Fire Department/Ambulance Benefits Committee, should revisit the charge for that committee.
She has a number of issues she would like the Board to discuss but will defer them to the next meeting based on the time. The issues are:
- Queen Anne Court
- Sound system update
- Mile Creek Bridge
- Porta-pottie update from Sound View
- Update on the Senior Center request
It was noted that the Senior Center request will be discussed at tonight’s Board of Finance meeting.
5 c. New Business:Transfer Station Safety Improvements
First Selectwoman Reemsnyder stated that she met with Gary Yuknat of Old Lyme Sanitation, local contractor Todd Machnik, and a representative from Willimantic Waste to discuss options to address safety concerns at the Transfer Station. The recommended option will cost almost $60,000 and will require Town Meeting approval.
Gary Yuknat described the safety issues with the current set up. Old Lyme Sanitation trucks pull up to dump recycling into a hopper set-up, and drivers regularly enter the hopper area to loosen a recycling load. This creates a safety hazard for the drivers. Recycling loads have increased since initial set up, and recycling is likely to continue to increase.
The recommended improvements, including fencing and a designated hopper for Old Lyme Sanitation will also address public safety by clearly marking the designated area as inaccessible to the public.
Selectwoman Nosal spoke in favor of a long range plan, citing the uncertainty of needs when Old Lyme Sanitation is no longer the recycling contractor. Selectman Sibley wondered if it would be worthwhile to engage Anchor Engineering, which handled the Landfill Closure, to weigh in on the decision.
First Selectwoman Reemsnyder is concerned about further delay because of existing safety concerns. Selectwoman Nosal agreed that the first step must be to address safety issues. The Board of Selectmen will continue to discuss.
Septage Transfer Facility
The Town’s agreement with Old Lyme Sanitation to operate the Septage Transfer facility expired 12/31/15. The Town holds the permit and will not renew it. Old Lyme Sanitation owns the property. The public/private partnership began as a response to a State requirement that Towns provide for septage transfer. That is no longer a requirement.
The Town can move or abandon its assets from the facility: tanks, grinder and pump, a hoop building.
Selectman Sibley and Board of Finance Chair Andy Russell met with Gary Yuknat at the Facility over the weekend. Selectmen compared possible costs to remove and store (and possibly reassemble) the assets vs. leaving them in place. The estimated value of the assets is $95,000 to $100,000 and installation was performed by Old Lyme Sanitation at no cost to the Town.
First Selectwoman Reemsnyder believes it is most prudent to abandon the assets, and she will consult with the Town Attorney. Chair Russell concurred, as did Selectman Sibley, who noted that Town Meeting approval would be required for asset transfer.
All agreed that inspection will be needed to determine environmental impact.
Selectwoman Nosal wants to ascertain that the area will be safe in the future and that illegal dumping is
not possible.
Gary Yuknat confirmed that the Town would have no liability because the facility is on private property.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to abandon the Town’s assets at the Septage Transfer Facility to the Gouvna Group if recommended by the Town Attorney and approved at Town Meeting, subject to environmental testing and Old Lyme Sanitation approval. Motion passed.
8. Executive Session: None
9. Adjournment:
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to adjourn at 6:43pm. Motion passed.
Submitted by
Catherine Frank
1/20/16
| 
