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Board of Selectmen Minutes Special Meeting 06/18/2018
TOWN OF OLD LYME
BOARD OF SELECTMEN
SPECIAL MEETING MINUTES

The Old Lyme Board of Selectman (BOS) were requested to meet with members of the Water Pollution Control Authorities (WPCA’s) to review the draft Lease Agreement for the Pump Station between Hartford and Portland Avenue.  A Special Meeting of the BOS was held for this purpose at 6:00 pm June 18, 2018 in the Meeting Hall of the Old Lyme Memorial Town Hall.

  • Meeting Called to Order by Bonnie Reemsnyder and Introductions
Present were First Selectwoman Bonnie Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Chris Kerr. Present from the WPCA’s were: from Old Lyme Shores, Joe Halloran, Matt Merrick, and Dede DeRosa; from Miami Beach Association Scott Boulanger; Old Lyme WPCA Chairman-Rich Pendergast; from Old Colony Beach Frank Noe and Doug Whalen.
  • Distribution of the draft Lease Agreement dated 4-26-18 and May 24th communication/questions from the beach associations concerning the draft Lease Agreement.
  • First Selectwoman Bonnie Reemsnyder recapped the history of the land Lease discussions and that this meeting was to review those issues that effected the Land Lease e.g., the approximate location of the Pump House.  She reviewed that following the last August joint meeting of the WPCA’s, herself and the respective Attorneys’ most issues were ironed out.
  • Key Discussions and Consensus
  • Joe Halloran, reviewed the Beach Associations time line for their sewer project. He stated that members want to leave a safe Long Island Sound for their families. He questioned that Town’s efforts since the August meeting. Bonnie responded that the Beach Association Attorneys subsequently made many changes to the Lease which the Town Attorney felt were not acceptable.  Joe noted a time constraint is that DOT’s is paving RT 156 in the summer of 2019 and DEEP has approved their force main for installation by that time.
  • Frank Noe expressed his appreciation for the meeting and the intent to reach mutual agreement on the outstanding terms of the Lease. He asked whether the Town would entertain a land lease for the Pump House regardless of whether the Town approved a sewer project at referendum.  Bonnie affirmed that intent.  She stated that this has always been the case as there is no guarantee the Town will approve a sewer project. The Lease is clear that the Town is willing to have a Pump House before we have approval for the project, before we can complete our project, and that the Town wants assurance that the Beach Association will let the Town use the Pump House at some point.  The Pump House, is not conditional on whether the Town has a project, but it is conditional on the Town being able to join in the future. This is the mutual intent of all parties.
  • The additional questions under consideration from the beach association were reviewed. Rich Pendergast agreed to update the draft Lease with agreed upon modifications or questions for the Old Lyme Attorney and members present.
  • Regarding outstanding attachments, Bonnie stated that the attachment for location is not possible until the engineers provide one.  However, she provided a graphic pf the parking lot and suggested a general area for the Pump House and hopefully contiguous Rest Rooms.  The parking lot is actually two lots divided by a
10 ft. alleyway.  If necessary, a lot line waiver by the Zoning Board of Appeals would allow the construction to be closer to the lot line, but this suggested graphic maintains the alley for emergency access.  Bonnie contacted the Beach Association engineer, Kurt Mailman, who informed her that he does design rest rooms. There is the possibility of placing some of the pump station components can be placed in the upper level of the restroom.
  • Regarding which town road the pipes will be put in, the engineering plan will determine this.  Part of Hartford Avenue was milled and paved for the recent Sound View project. It was discussed that it was paved for about 7 years only because it was discussed that this road may be opened up for sewers.
  • An attachment will be retitled to say Cost Sharing Agreement. The current Agreement will be added to the Lease. Future changes or amendments will be added as such.
  • There was a side discussion on the timing of the force main and installation of laterals.  
  • The description of the Sound View (sewer) Project is referenced in the Lease. It is part of the Environmental Impact Evaluation which will being published by the State tomorrow, 06/19/18, followed by a required 45-day public notice and comment period. Eventually, the Selectmen have to approve the document and send it to Town Meeting for approval.
  • There was a discussion on Lease sign-off.  The Lease cannot be signed by the Town until it the Lease is approved by the Town at Town Meeting.
  • There was a great deal of discussion concerning the inclusion of an exact number of Equivalent Dwelling Units (EDU’s) for the Town sewer project.  Identifying the EDU’s for the Sound View project is an ongoing effort of the Old Lyme WPCA.  Bonnie shared that it was her understanding that the engineers were designing the pump house capacity for all the Beach Associations, and the entire Town Project as a maximum capacity and New London can accept it. There was consensus that upon approval of a Town sewer project, the Town will pay its proportional share of the costs for the pump house. The specific EDU number will not be included in the Lease.
  • Easement agreements will be put together by the engineer (formal identification) and attorney (legal description). A Town Meeting is needed to give easements to town property. A road opening permit is an additional need.
  • The original plan for the rest rooms included a small storage room primarily for some storage.
  • There was consensus that the construction would not occur on Independence Day unless there is an emergency. Also, best efforts will be made to avoid construction during the summer season.
  • The term of the Lease was reviewed and is satisfactory as drafted.
  • The current date for the start of rent payments to the Town for the Pump House is 2023. The Town Attorney will confirm that if neither the Town nor the Beach Association formally contact the other at the time of renewal, an automatic renewal is assumed.
  • The Beach Associations will be responsible for the Phase I environmental testing of the land for the proposed Pump House.
  • Input on design will be limited as revised.
  • The Lease is clear and there was consensus that the Beach Associations may have a separate entity manage the Pump House.
  • The town will pay its proportional share to Waterford.
  • The revised Lease would be sent to the Town Attorney for review, subsequent review by the WPCA’s, public information and a Town Meeting.  Bonnie would work on identifying a date for a Town Meeting that would be as accommodating to all as possible.

  • Adjournment: A motion to adjourn was made by Selectman Kerr, seconded by Selectwoman Nosal, to adjourn at 7:43 pm. Motion passed with Bonnie, Mary Jo and Chris voting in favor.
6/19/18