TOWN OF OLD LYME
Board of Selectman
Regular Meeting Minutes
August 1, 2016
The Board of Selectman held a Regular Meeting on August 1, 2016 at 7:30 pm in the Meeting Hall of the Old Lyme Memorial town Hall. First Selectman Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Skip Sibley were present.
July 18, 2016
Selectwoman Nosal doesn’t feel the minutes reflected the length of time or discussion regarding New Business item c. Meeting w/Commissioner Redeker – NEC Future. She wrote and read a summary she feels better reflects the conversation of the BOS. First Selectman Reemsnyder was ok with adding the summary to the minutes. Selectman Sibley would like to review the summary and the tape of the July 18th meeting and discuss the paragraph further at the next meeting.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to table the approval of the July 18, 2016 Meeting minutes. Motion passed.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to add item: d) NEC Futures Discussion to the New Business section of the agenda. Motion passed.
- Communication: None
- Appointments: None
- Old Business:
- Boathouse Hains Park Improvements
First Selectman Reemsnyder stated there has been rapid progress taking place at Hains Park; she has seen storage bins put into place and anticipates a lot of activity in the upcoming week.
Selectman Sibley gave an update on the progress of the Boathouse Hains Park Improvements.
Temporary racks have been set up and the storage bins have been put into place and the boathouse is close to being emptied out.
The contractor has submitted the payment bond, the performance bond and the insurance certificate. They have submitted a draft work schedule which is consistent with what had been previously discussed, with an August 8th start date.
Selectman Sibley is not sure if the building permit has been issued yet. There are some minor shop drawing clarifications that need to be addressed and they are working on those.
The Architect has signed the two sets of drawings which make them official. She has responded to three RFI’s and is generating an addendum.
The Committee has scheduled Mystic Air Quality to perform the pre demolition survey this coming Wednesday to make sure that when they take the building down they can demonstrate the existing building did not contain anything harmful to the environment such as; asbestos, etc.
The Old Lyme Rowing Association purchased the temporary racks so there was no cost for the town. The Emerson Boat House sign has been taken down and they are cleaning up and getting ready for construction to begin.
First Selectman Reemsnyder reported the Memorandum of Understanding has been signed and the deed will be filed before the demolition begins.
Thanks again to Paul Gianquinto for all of the work on the project.
- Rt. 156 Bikeway/Sound View Improvements
First Selectman Reemsnyder announced the construction costs were approved at the Town Meeting.
Selectwoman Nosal gave an update on the Rt. 156 Bikeway/Sound View Improvements. The construction costs were approved at the Town Meeting. The PAL construction funds were accepted by DOT, and all construction costs and expenses were approved.
The last meeting of the Rt. 156 Bikeway/Sound View Improvements committee was cancelled, but they have started advertising for a construction firm. The pre bid walk through took place on July 25th and was attended by Rob Pinckney of BSC Group, Angela Faenza, and Frank Pappalardo from the committee, Selectwoman Nosal and First Selectman Reemsnyder, and four firms were represented.
As of last Friday all of the questions on the proposal and plans were due and the engineering firm is working on answering them. Answers will go out to individual firms via email, regular mail and be posted on the website.
Bids are due August 8th and will be opened at 2:00pm.
A special thanks to Gail Fuller for the use of her parking lot. The next meeting is scheduled for August 29th.
- Administrative Order/WPCA update
First Selectman Reemsnyder reported Amendment #3 of the Coastal Wastewater Plan has been signed and sent to Woodard and Curran.
She received a letter from the State of Connecticut approving the amendment for the Clean Water Funds, 55% of the $24,948 is reimbursable.
Also discussed at the meeting was ground water monitoring in Hawks Nest Beach and Woodard and Curran presented a scope of work that includes refreshing the wells and installing the data loggers.
First Selectman Reemsnyder, Woodard and Curran and some of the members of the WPCA committee had a conference call to work out the details to keep it as efficient as possible and still get the data needed.
Once put into a program, the data will map out the flow of water underground and will help determine where additional wells will need to be placed to get the best information. This will be discussed further at the next meeting in August. The cost for the refreshing of the wells and installing the data loggers is between $18,000 and $19,000. Testing will then begin in the spring.
Selectwoman Nosal noted what a great addition the WPCA booth was to the Midsummer Festival. They did a great job raising public awareness, answering questions and providing pamphlets including a FAQ.
First Selectman Reemsnyder thanked the members of the WPCA for their participation in the event.
- Special Town Meeting update
First Selectman Reemsnyder reported the Special Town Meeting went well and was very well attended (approx. 200 residents). All of the items on the “CALL” were approved.
The “CALL” included:
- Approval of construction costs for SV project -80% reimbursement - Approved
- Approval of Queen Anne Court as town road – First Selectman Reemsnyder reported that the required repairs have been completed and meet the town’s specification. - Approved
- Approval of Resident Trooper Department Excess Costs - Approved
- Ledge Light Health District
First Selectman Reemsnyder gave a brief overview of the process to date on the LLHD including; the meetings, discussions, additional costs and the current offer from LLHD discussed at the last BOS meeting. She asked if the BOS would like to move forward on becoming a member of the Ledge Light Health District. After discussion and addressing the questions raised at the last meeting;
- What would happen if the Old Lyme employee should leave during this time?
First Selectman Reemsnyder reported that in discussing this with Steven Mansfield, he stated they would revisit the agreement or they could put something in the agreement to say if this should occur they would revisit the agreement.
- How will this affect the current Health Director whose appointment does not expire until December 2017?
First Selectman Reemsnyder will need to meet with the new Town Attorney regarding the Towns obligation to the current Health Directors appointment.
After further discussion including; the importance of advertising and publicity to ensure the public has a good understanding of LLHD, possibly including a FAQ sheet. Selectwoman Nosal and Selectman Sibley both support moving forward to an official hearing. It was also suggested they may want to hold the hearing at the LOL Middle School to ensure there is enough room.
First Selectman Reemsnyder will look into the exact details of moving forward to schedule an official Hearing and will keep the BOS apprised of her progress.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to schedule a public hearing on the Ledge Light Health District on August 22nd or 23rd, based on the availability of Director Mansfield.
The motion was amended by Selectwoman Nosal, to amend the motion with the dates changed to; August 23rd or 29th, based on the availability of Director Mansfield. Motion passed.
First Selectman Reemsnyder gave an overview of some of the highlights of the day including:
- The Friday night kick off with Braiden Sunshine playing for a packed crowd
- The 5k race which had approximately 300 runners; and all the proceeds going for the LOL High School (one of only two schools in the Northeast) Band and Chorus trip to Hawaii in November to commemorate the75th anniversary of the attack on Pearl Harbor. This will help the students cover the costs of shipping their equipment.
The Town Hall was open for the day with the Senior Centers Art Work on display, and a docent from the Florence Griswold museum ran tours of the Town Hall to show off the artwork.
The WPCA had a booth out front and they did a great job raising public awareness, answering questions and providing pamphlets including a FAQ.
There was a variety of activities, vendors, art work and farmers markets up and down Lyme Street.
The Dog Parade sponsored by VISTA (First Selectman Reemsnyder was a judge for this)
- Due to the weather the Old Lyme Town band was only able to play for about 20 minutes, but the fireworks were able to go off as planned and it was a beautiful show which lasted about 20-30 minutes.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to move item c.) under New Business up on the agenda. Motion passed.
- Dr. Bill O’Meara re: Peppermint Ridge
First Selectman Reemsnyder invited Dr. Bill O’Meara to come up and speak with the BOS.
Dr. Bill O’Meara addressed the BOS on behalf of the Peppermint Ridge Home Owners Association (PRHA) to request special consideration from the Town of Old Lyme for assistance with road maintenance.
He gave an overview of the PRHA’s background, acknowledged the roads do not meet town specifications, and the estimated tax base Peppermint Ridge adds to the Town of Old Lyme. He discussed the anticipated economic changes nationwide as well as the schools population. He also pointed out that the Association only receives trash and recycling removal from the town and provides all other maintenance itself. He discussed the two properties on Browns Lane that the PRHA provides property access to, avoiding the cost of two additional curb cuts to Browns Lane entry. The PRHA is aware of other private beach communities who receive subsidies and would like the Town to consider assisting with the road maintenance for Peppermint Ridge.
The BOS discussed the request brought to them by Dr. Bill O’Meara. First Selectman Reemsnyder addressed a few of the concerns expressed by Dr. Bill O’Meara and pointed out that they have discussed this before. She also noted the Town does indeed provide Peppermint Ridge with police, emergency and fire services. She clarified the subsidies provided to other private associations; which are to assist with beach clean-up and security because these areas are used and accessed by the public. There was a special committee developed based on an attractive nuisance, to evaluate the subsidies provided to private associations. These associations have to hire security to protect the beaches and this also helps to keep the police costs down.
Selectman Sibley noted that there had been an exhaustive study completed on all of the communities that were receiving subsidies and the subsidies are based on the beach clean-up and security. The road maintenance is provided solely by the private associations. He asked if the two properties on Browns Lane were deeded this way or if someone had just told them it was ok to put their driveways this way. He also suggested the PRHA invite the two Browns Lane residents to join the Association as an option to mitigate some of the road maintenance costs.
Selectwoman Nosal shared she lives in a private subdivision as well and understands the challenges private associations are facing trying to keep costs down. They also have a couple of very large homes which are not part of the Association, but they do contribute to the Association to have access to the roads.
First Selectman Reemsnyder suggested that if there is a special circumstance where Peppermint Ridge is making a specific request to the town for support, she would be happy to meet with him and assist him with the request.
- Appointment of Town Attorney
First Selectman Reemsnyder reported the search committee, made up of BJ Bernblum, Tom McGarry and herself has a recommendation for a new Town Attorney to replace Marylin Clarke, who resigned back in the spring. She gave an overview of the committee’s process; they received eight submissions and narrowed it down to three candidates (firms) that were interviewed. They included:
- Suisman and Shapiro of New London
- Murtha Culina of Hartford
- Halloran and Sage of Hartford
Following the interviews the committee recommends hiring the firm of Suisman and Shapiro of New London. The committee was impressed with all three firms and the committee felt that any one of the firms would be able to provide the Town with a Team of Attorney’s which would provide several areas of legal expertise. Attorney Jack Collins is a member of the Suisman Shapiro and a resident of Old Lyme, and is here tonight in the audience and was present at the interview.
First Selectman Reemsnyder pointed out that in the RFQ they requested a specific name of an attorney. After checking with Marylin Clarke, she stated they could name a firm and it didn’t need to be a specific name.
First Selectman Reemsnyder had offered to bring in the candidates for further questions and consideration by the selectman and both agreed they were comfortable with the committee’s recommendation.
Both Selectwoman Nosal and Selectman Sibley are excited by the level of experience a firm will provide the town. It was also noted that as a resident of the town, Jack Collins has worked on several different projects over the years and brings with him a familiarity of the town and its varying needs.
First Selectman Reemsnyder added that she had also conferred with the Town Clerk who assisted with narrowing down the search but was unable to sit in on the interviews. The committee kept her apprised of its progress and she also supports the recommendation to hire Suisman Shapiro.
First Selectman Reemsnyder would like to thank Marylin Clarke for her 30 plus years of service and personal attention she gave to the Town.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to appoint the Firm of Suisman and Shapiro to act as Town Attorney for the Town of Old Lyme, with Jack Collins as the main contact. All in favor, no opposed, no abstentions, Motion passed.
- Bond release for Blackwell Lane
First Selectman Reemsnyder tabled this until a future meeting because they have not yet reached a full year since the approval of a Town Road.
First Selectman Reemsnyder thanked Selectwoman Nosal for adding this to the agenda and opened it up for discussion.
Selectwoman Nosal started the discussion by saying that with all of the meetings and discussions that have taken place since January on the opposing initiative to the NEC Futures plan; she is surprised she is still receiving feedback from the community indicating they don’t really know where the BOS stands on this subject. She feels that based on the discussion at the July 18th meeting it is very clear they all have a different perspective on the issue and each brings something valuable to the discussion. She would like to see the BOS draft a statement of opposition to the NEC Futures plan.
She also noted the NEC has produced the summary of comments made by the public of which the majority from Old Lyme opposed the plan.
Selectman Sibley noted that First Selectman Reemsnyder has taken the point on opposing this from the beginning. He feels they need to be thoughtful in putting together a statement and feels it would be more effective than making a motion. He suggested putting together a letter similar to the letter put together by the various entities in town. There have been a lot of conversations between the town, the state and on the federal level as well with a consensus of opposition. He is in support of putting something together from the BOS to the town residents and feels it would demonstrate the Team approach of the BOS.
First Selectman Reemsnyder reiterated when there is a Tier 1 plan there is an open comment period. All of the comments made during this time must be considered. She noted she actually testified in person to support rail improvements but opposed the way it was described for the Old Saybrook to Kenyan bypass because of the impact it would have to the Old Lyme community. The letter submitted by the group of town representatives including; the Florence Griswold, Lyme Academy College, the Lyme Art Association, LYSB, The Chamber of Commerce etc.was also submitted. These documents are available in the summary posted online for review.
Even though the open comment period has closed there are still letters and comments being submitted but she is unsure if these additional letters and comments are considered.
After the meeting on July 7th with the Commissioner, it was quite clear that no rail repairs or upgrades can be done until the plan is finalized. Then they will then begin drilling down the various components of the plan. The one theme that was consistent was the request for the FRA to come out and do a public information session. There was also a letter sent in by State Senator Paul Formica, Representative Deb Carney and First Selectman Reemsnyder requesting that the FRA come out and hold a public meeting in Old Lyme.
First Selectman Reemsnyder suggested that their statement could reiterate their support of improvements and their concerns with the Old Saybrook to Kenyan bypass and sign it as a Board. The statement would include a request for a public information session and include some possible dates and locations as options.
Selectwoman Nosal agrees it makes sense to reiterate their opposition but feels it needs to be stronger.
A motion was made by Selectwoman Nosal, seconded by Selectman Sibley, to draft a letter from the BOS as outlined above. The letter would include; their concerns and opposition, the impact on the Town of Old Lyme and the CT River Estuary. Motion passed.
First Selectman Reemsnyder will draft a statement and share it with Selectwoman Nosal and Selectman Sibley via email.
- Public Comment: None
- Other Business:
First Selectman Reemsnyder reported they conducted a practice drill for Millstone Nuclear Power Plant today and it went very well. The drill is required every two years to ensure emergency plans are in place and includes all of the towns within a 10 mile radius of Millstone.
The official drill is scheduled for August 16th, FEMA and a representative from Dominion will be present and it will be graded.
First Selectman Reemsnyder reported there will be a public information meeting put on by the State Historic Preservation Board on Monday, August 15th at 6pm at the Shoreline Community Center. The State Historic Preservation would like to nominate the Sound View area including; Hartford Ave., Swan Ave. and Portland Ave. to become part of the National Register of Historic Places. The nomination will go in on Wednesday, September 14, 2016. After speaking with Jenny from the National Historic Preservation she stated this is not a meeting that is held by the BOS but it is important for the BOS to attend but not required. First Selectman Reemsnyder let her know there is a BOS meeting scheduled for that evening and they would probably only be able to be there for
about 45 minutes. The meeting will only last about 30 minutes with some time for questions.
Selectman Sibley pointed out there are photos being sent to the BOS office almost on a daily basis of inappropriate behavior taking place down in Sound View and there are still complaints of large amounts of trash being left on the beach.
First Selectman Reemsnyder reported they continue to look for more opportunities to improve, having additional Rangers is helping and the town parking lot is being closed at 9PM every night and unlocked in the morning by the resident trooper. The beach is also being cleaned each morning.
First Selectman Reemsnyder gave an update on the number of tickets that have been issued in comparison to last year. Last year there were 127 tickets written and this year 422 tickets have been written. There has also been an increase in the number of trespassing tickets and calls to the police for behavior.
The attitudes and boldness of the behaviors is very disturbing and is occurring at other beach communities as well as state parks.
The State Police Troop F Commander is very aware of the issues occurring in the Sound View area on the weekends and the Troop is on high alert.
Selectwoman Nosal reported she saw the Police and Fire boat out on the water and was very impressed. She thought just their presence out there seemed to have a calming effect.
First Selectman Reemsnyder reported she has been out on the boat and people seemed to slow down when they saw the boat and recognize it as the Authorities. She suggested the possibility of looking into putting a part-time officer on the boat for next summer. They can look at adding this cost into the budget when they begin planning for next year.
Selectwoman Nosal reported she has been receiving calls and letters regarding the road work being done on Rt. 1 near Lords Meadow Lane. She said she spoke with someone from the DOT at the pre-bid walk through and they said the work should be completed by August 12th.
First Selectman Reemsnyder recommends encouraging residents to subscribe to the town website to get DOT updates.
- Executive Session: None
- Adjournment:
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to adjourn at 9:27 pm. Motion passed.
| 
