TOWN OF OLD LYME
Board of Selectman
Regular Meeting Minutes
September 6, 2016
The Board of Selectman held a Regular Meeting at 7:30pm on September 6, 2016 in the Meeting Hall of the Old Lyme Memorial town Hall. First Selectman Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Skip Sibley were present.
August 15, 2016
Selectwoman Nosal requested the following changes to the minutes:
Page 1 second sentence correction: NEC Future
Page 2 Old Business a) Boat House Hains Park Improvements to read: Selectwoman Nosal asked how the process works if there is a change order.
Page 2 Old Business b) Rte. 156 Bikeway/Sound View Improvements to read: The lowest bid at $631,000 was sent to the VHB the liaison with ConnDOT.
Page 3 Administrative Order/WPCA Update to read: Selectwoman Nosal asked if this will determine how deep the wells need to be and does DEEP give recommendations on the tests to be done on the water.
Page 4 the first/last sentences to read: First Selectman Reemsnyder reported she had received a call after the meeting from a reporter, Kimberly Drelich, who said she had spoken with the FRA and said they had agreed to come out to speak with community leaders at a round table discussion.
She would still like to see FRA come to provide a public presentation and provide them with facts.
First Selectman Reemsnyder requested the following change to the minutes:
Page 2 Old Business b) to read: First Selectman Reemsnyder reported they had the bid opening on August 8th and received six bids for the Rte.156 Bikeway/Sound View Improvements project ranging from $631,000-$938,000.
At the bottom of page 2 to read: Selectwoman Nosal added the pre- construction meeting for the hand-off from VHB to DOT District Office who will oversee the project should take place soon.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to approve the minutes of the August 15, 2016 Meeting Minutes as amended. Motion passed.
- Communication: None
- Appointments: None
- Old Business:
- Boathouse Hains Park Improvements
First Selectman Reemsnyder reported it has been determined the slab will need to be removed and that resulted in a change order. The change order initially discussed with Paul Gianquinto who has been overseeing
this and what was received were two different things. The proposed total change order was for $110,227. First Selectman Reemsnyder has been in discussions with Paul Gianquinto about this. A lot of the items in the change order and the way it was figured are up for discussion due to the method used to develop the change order.
First Selectman Reemsnyder noted the change order has not been approved at this point and she will be meeting with Paul Gianquinto, Ken Biega, Scope Construction and Nina Peck to further review the change order. She will email the BOS on the outcome of the meeting.
She also noted she signed a contract with the material testing company which was reviewed by the Town Attorney and the ground is ready for the cement to be poured.
Selectman Sibley noted the Architect was given direction to use as much of the slab as possible, however it was found that the existing walls would not support the new structure as intended. First Selectwoman Reemsnyder added it was also found that the depth of the slab was not consistent and the metal mesh was lying on the ground and not imbedded in the concrete as it should be.
First Selectwoman Reemsnyder also reported there was a Boathouse Meeting and the contractor has submitted a requisition for the first payment. The amount has been approved but has not been paid. They are waiting for the certified payroll from the contractor which needed some corrections. Once they receive this it will be paid.
First Selectman Reemsnyder will keep the BOS posted on further developments.
- Rte. 156 Bikeway/Sound View Improvements
First Selectman Reemsnyder reported she received the approved Supplemental PAL agreement today. The final approved amount is $911,100 and it is eligible for 80% reimbursement and she will be signing that.
She also received a letter from Hugh Hayward at DOT with approval to award the bid to B&W Paving and Landscaping along with the Con 100N form to submit once that is complete.
The Pre-construction meeting has been scheduled for this Thursday at 10:30AM at the Town Hall.
The DOT, Contractor, Inspection Firm, the Superintendent of Public works, VHB, and BSC will review the project, discuss any questions and determine actual start date.
There was a regular meeting on August 29th at 4:30 where all of the above was reviewed.
Selectwoman Nosal reported they also discussed the possibility of having a ground breaking ceremony the same day they have the preconstruction ceremony.
First Selectman Reemsnyder will reach out to Kurt to see if this can be arranged and Selectman Sibley will check his schedule to see if he can attend.
- Administrative Order/WPCA Update
First Selectman Reemsnyder reported that neither the WPCA nor the Task Force has met since the last meeting. She did receive the revised well network evaluation from Woodard and Curran with the decrease to one month of testing they requested. The cost is $10,628.90 and this has been sent to DEEP for review to see if it is eligible for the 55% Clean Water Reimbursement and approval to move forward.
Selectwoman Nosal asked if they have the money in the budget if further testing is required. First Selectman Reemsnyder replied they currently have a line in the budget for this; however it depends on the number of wells and the amount of testing needed in the spring and through next June.
- Ledge Light Health District Public Hearing Update
First Selectman Reemsnyder reported that Steve Mansfield from LLHD gave a presentation on August 29th at the Community Public Hearing. About 20 people attended and they were evenly split as far as supporting and not supporting this membership. The BOS discussed some of the concerns raised by participants including; not having a Sanitarian easily accessible in Old Lyme and having to go to New London, the increase in wait times for inspections, the costs to users were different and often higher. For example - for restaurants, LLHD fees are based on classification while TOL fees are based on seating capacity.
One of the attendees felt this was a slam dunk, based on the services and resources LLHD will provide to the community and town. He felt the savings would go above and beyond the $50k the town will spend in the first two years. This is also represented in the history of the per capita fees LLHD charges.
The BOS discussed some of the other benefits for the town including; having the current health department employee based in OL to assist with the transition, consistent services, outreach, Health Services, Visiting Nurses Association, Food Safety Classes. LLHD offers a broader range of officials who specialize in each different area and can provide the public with information and quality services in a timely manner.
Selectwoman Nosal reminded the BOS there is a two year commitment when joining the LLHD and First Selectman Reemsnyder added that the town’s representation on the Board is based on the town’s population.
First Selectman Reemsnyder reported she spoke with the Town Attorney and there is no specific time requirement between the public forum and the Town Meeting.
It is the consensus of the BOS that Old Lyme joining LLHD be brought to a Town Meeting for a vote. They will invite Steve Mansfield from LLHD to give the presentation again and answer any questions before they vote at the Town Meeting.
- JLUS Public Workshop Update
First Selectman Reemsnyder gave a wrap up on the JLUS work study. Matrix Design completed the study gave a presentation at the Public Workshop on August 29th. The purpose of the study was to see what the concerns are and to mitigate problems for those living next to and neighboring a military facility. The Major from Camp Niantic was present at the workshop to respond to questions and concerns and was open to looking for resolutions.
The actual documents have been released in digital format for public review. First Selectman Reemsnyder had an opportunity to make recommendations for changes for the sections on Old Lyme in the early stages of the study. Matrix Design will publish a final report with recommendations. First Selectman Reemsnyder’s hope is that they recommend a buffer that could be owned by the town for the undeveloped land in Old Lyme that borders Stones Ranch. Should a recommendation be made for a buffer there may be federal funds available to the town to assist with this purchase.
Selectwoman Nosal again commented on how different the process and approach has been for this study. It has been very open, detailed, organized and easy to follow and how interesting it is to see the difference in how the two projects, JLUS Study and the NEC Future, have been handled.
Selectman Sibley noted there has been some communication with the Zoning Chairperson concerning the buffer First Selectman Reemsnyder is referring to. The Zoning Chairperson cautions the town to not get into the business of recommending a buffer and thinks it would be better for the Federal Government to make that determination.
First Selectman Reemsnyder clarified that the findings of the study were just recommendations not requirements. Decisions on recommendations are left to the individual towns and communities to act on. She felt the biggest recommendation was to continue the communication and sharing of information and events.
- FRA Meeting of Aug. 31, 2016
First Selectman Reemsnyder reported the FRA Meeting took place on August 31st at the Lyme Old Lyme High School at 4:30 pm. The roundtable discussion included members of the FRA, First Selectmen, Mayors or other representatives from the Towns of Old Saybrook to Stonington, Senator Blumenthal, Congressman Courtney, Commissioner Redeker of DOT and over 500 members of the public.
Prior to the meeting, First Selectman Reemsnyder requested the public submit questions they would like asked. She received approximately 1000 questions which she presented in a summary at the round table discussion.
First Selectman Reemsnyder felt it was helpful that the FRA came to Old Lyme to address the many questions and concerns the public has. Although they did not get any definitive answers and probably won’t until their process is complete, it was good to have an opportunity for the public to hear their concerns expressed.
Senator Blumenthal was a good advocate for Old Lyme and he is adamant this will not be done to these communities.
First Selectman Reemsnyder reported the summary of the questions, along with the entire packet has been put on the website for the public to review. The roundtable discussion was taped and will be aired on Comcast. The town website will announce the date and time. She encourages residents to subscribe to the town website and they will receive an email with the date and time it will be aired.
The BOS agree the sheer number of community members in attendance demonstrated a sense of unity between all of the towns and the clear opposition of the Old Saybrook to Kenyon, RI bypass. Selectwoman Nosal added she doesn’t feel the stakeholders were involved from the beginning and commented on the article put out in the Daily Mirror the next day disagreeing with Ms. Reyes-Alicea’s statement regarding removing the Aerial structure from the plans, but then flip flopping on the statement saying it could be built in a different area.
First Selectman Reemsnyder will follow up with a letter reiterating the meeting and what was heard and requesting the Old Saybrook to Kenyon, RI bypass be removed as an option. After they see what the preferred alternative is and what the plans include, they may want to pursue retaining a consultant to address the issue. This could include involving all of the towns.
- Mobilitie Letter/application for tower
First Selectman Reemsnyder reported she had received a letter at the end of July from a company named Mobilitie who is looking to put up towers and in some cases, cell boxes at the top of utility poles on state road right of ways, and requesting a contact person for future communications. Numerous communities have received this letter so this has been discussed at the RiverCOG meetings and is being explored further. CCM is also looking into this. Mobilitie is doing this to provide better cell service in several areas and is using current utility poles as a way to circumvent getting Siting Council approval. In Old Lyme, Mobilitie is looking at putting in a 120’ tower with a 40” base at the corner of Hartford Ave. and Rt. 156. They are not looking for feedback yet as they are
planning to go through the process. She has received a letter from the RiverCOG letting her know this is an introductory letter from Mobilitie, they are making a case that they are a public utility subject to PURA but not subject to the Siting Council. The RiverCOG is scheduling a meeting with Emma Pelletier from Mobilitie to get more information. First Selectman Reemsnyder will update the BOS as she gets more information.
Selectman Sibley suggested she make our State Senator and State Representative aware as well. Selectwoman Nosal suggested making the Sound View Commission aware as well.
- Schedule Special Town Meeting
First Selectman Reemsnyder and the BOS discussed scheduling a Town Meeting and set the date for September 27, 2016 at 7:30pm.
Possible Agenda items discussed include:
- Joining LLHD
- Utility Easement in Hains Park ( The Park & Rec Commission is in support of this)
- Depending on the outcome of the Executive Session, there may be something to add on Sound View Improvements
- Installing LED lights through town (possible presentation at the next BOS meeting)
Frank Pappalardo from the Sound View Commission expressed his concerns regarding an incident that occurred on August 25th during a scheduled concert. As with all of the concerts, the sound was monitored by the commission, and this concert was no different. Midway through the concert, four police cruisers arrived and Trooper Inglis proceeded to walk through the crowd to the sound technician stating there was a noise complaint and to turn down the volume. Frank asked Trooper Inglis who made the complaint and he stated he did not know, but suggested it may have been made by the Pavilion. The volume was no louder than any of the other concerts as the decibels are monitored by the sound technician, to further the disruption he was directed to move his car off the street
because it was parked in a 30 minute spot even though the parking restrictions are not in effect after 7PM. He was told to move it or get a ticket; he moved his car so as not to create any other further disturbance. At the conclusion of the concert around 8:40 pm, people were conversing and socializing when the final insult of the evening included the police closing the parking lot at 9 pm, locking concert goers and the band in.
Frank felt the behavior of Trooper Inglis and the police department was disgraceful and the approach he took walking through the crowd was to show authority and the four police cars to show force. If there was a complaint he could have just walked over to the sound tech and requested he turn it down. Four police cruisers were not needed, and since when are there four police officers on duty on a Thursday night at the end of the season. The entire situation was an insult to the community and showed a total disregard of the police department for the area and its residents. The community deserves answers and an apology at the very least.
Sandy Ziemba, a member of the Concert Committee addressed the BOS and began by stating this was the first time she has been embarrassed by the Old Lyme Police performance. They have had issues with the police all summer long and they have not been addressed and people want answers. The rangers are supposed to be bringing down the barricades and following the plot plan. They have not done this for the past couple of concerts. There should also be free parking during concerts. These were all rules discussed prior to the concerts and are being changed by the police at will. It is really frustrating; friends and neighbors would like answers. They have rangers going up and down the road and fire lanes at Mach speed and running stop signs which show a total lack of respect and they are
supposed to be role models. She does not want to see another season with this lack of respect.
Joann Lishing of 75 Swan Ave. stated she agrees with everything Frank and Sandy have said. She added that the night of Aug. 25th was the first time the parking lot was closed that early. She can see this from her house and it is rarely closed by 10:30 pm. In regards to the sound and the noise, the speakers point to the water to reduce the volume for the neighbors. The rudeness shown by the police that night was embarrassing.
Harry Plaut from the Sound View Commission stated he has found this year to be frustrating for both the police, the Sound View Residents and the Commissioners. He takes the stand that he does not believe that one town agency should openly criticize another town agency. He does see the short comings that have occurred in the beach communities which include; Sound View, Old Colony, Miami Beaches and the two bars. He also thinks there has been a lot of bad communication between the police and the Sound View Commission and feels it is time that the hatchet is buried on both sides. If this continues to go on it will only get worse for all parties involved. There needs to be a tremendous amount of give and take on both sides to work together. There needs to be a mass meeting of the
commissions, police department and the BOS to address the issues and move forward. He does feel that the night of the concert was an act of retaliation by the police department for being criticized for their lack of enforcement. He feels this will only get worse if we don’t start over and prepare for next year.
First Selectman Reemsnyder commented on the above public comment. She had heard about the incident and has requested a report for that night including data from the summer. She will be following up with the BOS at the next meeting.
First Selectman Reemsnyder reported the next meeting will be on September 19th at 4pm, it will be a regular meeting. The BOF will meet at 7:30 pm meeting that evening.
First Selectman Reemsnyder reported she received a letter from HOPE Partnership, who absorbed Old Lyme Affordable Housing, asking the town for support in the upcoming fiscal year. She is bringing this to the BOS in advance of the upcoming budget planning. In past years the town has supported HOPE with a $500 stipend and they are looking to increase that. She just wanted to give the BOS a heads up so they can look into the organization for future discussions.
Selectwoman Nosal asked for an update on the audio equipment for the town hall. First Selectman Reemsnyder reported the cable has arrived and Charlie Delinks has to schedule installing that and preparing it for the speakers. Selectman Sibley added that Charlie had contacted him to let him know he has located a suitable cabinet to hold the equipment and rack system and is still looking for a place to hold the microphones.
Selectwoman Nosal also wanted to thank our temporary Town Sanitarian, George Calkins for his follow-up on a concern she shared with him, not only with her but the residents as well. She feels this was going above and beyond and thinks he has done a really wonderful job.
Selectman Sibley followed-up on a request from the Town Treasurer and Director of Finance to get Nicole to assist Paul Gianquinto with the development of the budget for the Hains Park project. First Selectman
Reemsnyder will follow-up with Nicole. Selectwoman Nosal thought that Nicole had already met with Paul and Tim Griswold about the process. She was kind of curious; she thought this was something that Nicole would be helpful with.
- Adjournment to Executive Session: The BOS adjourned to executive session at 9:15pm.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to adjourn to Executive Session at 9:15pm and Town Attorney Jack Collins was invited to attend by Selectman Sibley. Motion passed.
- Executive Session: To discuss strategy and negotiations related to the lawsuit titled Frank Marotta, et al., v. Town of Old Lyme, et al.
The BOS came out of Executive Session at 10:21 pm and no votes were taken.
A motion was made by Selectman Sibley, seconded by Selectwoman Nosal, to adjourn at 10:21pm. Motion passed.
Respectfully Submitted by,
Patti Broedlin
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