What’s the Latest on That High Speed Train?

Many readers have contacted us to inquire what has happened — as well as a sea of other questions — to the Federal Rail Administration’s (FRA) proposal to route a high speed rail track through the center of Old Lyme bifurcating Lyme Street just to the south of the I-95 bridge.  The ‘comment period’ closed Feb. 15 and so we feel the questions raised by our readers  — many of whom submitted comments — are entirely justified.

We turned to Gregory Stroud to seek some answers.

Stroud, an Old Lyme resident, has taken a deep and enduring interest in the FRA’s proposal and has, in the process, become extremely knowledgeable on the complexities of the project.  For regular readers, you will recall that Stroud wrote the original editorial on LymeLine.com that sparked an avalanche of interest in and concern about the FRA’s proposal.  He graciously agreed to respond to our questions and we are planning to publish his responses — question by question — in a series starting today.

Stroud has also created a Facebook page titled SECoast at Old Lyme where readers can glean a plethora of information about the project and be kept current on developments.

And if you ready to be shocked, take a look at the rendering below to get a sense of how the railroad will intrude into our quiet, relatively reclusive life in Old Lyme … and we stress, this image is to scale.

Rendering by Robin Breeding of the high-speed train in Old Lyme drawn/created to scale.

Rendering by Robin Breeding of the high-speed train in Old Lyme drawn/created to scale.

Here’s our first question:

Question (LymeLine.com ): What has happened since the “Comment” period was closed? 

Answer (Gregory Stroud): Great question. But first, let me offer a little background. The Federal Railroad Administration actually outsources the planning process to a contractor, a huge multinational based out of Montreal, called Parsons Brinckerhoff. They specialize in this sort of project.  They worked on The Big Dig up in Boston. They are same people who planned the Baldwin Bridge, and who electrified the rail lines to our east a few years ago. Parsons Brinckerhoff knows Old Lyme. They’ve faced local community activists before.  And they’ve won.

So … with two weeks to go before the comment deadline, Parsons Brinckerhoff was reading a lazy stream of public comment, averaging just a comment every other day for a few years, and suddenly all heck breaks loose. Comments start pouring in from Old Lyme—1,200 comments out of 3,000 received from every town and city from Washington to Boston. Those numbers pretty much guarantee that more people cared enough to comment in Old Lyme, than in Manhattan, or Boston, or even Baltimore, which has its own contentious tunnel project.  Add in the outreach to Hartford and Washington, and suddenly  Old Lyme is on the map.

The good news is that the contractor has actually reached out to Old Lyme First Selectwoman Bonnie Reemsnyder, to Daniel Mackay at Connecticut Trust for Historic Preservation, and others. Parsons Brinckerhoff is making cordial, if maybe grudging, efforts to respond to the local outcry. You have to understand, as a contractor, they are in a tough place. They need to get this done by the end of the summer. They want to make their bosses at the Federal Railroad Administration happy. They have to make the people funding this in the Senate and Congress happy. It has to be something that Hartford can swallow.

In this grand balancing act, Old Lyme is a bit of a nuisance. I don’t get the sense that Stamford or New Haven or Hartford are somehow secretly plotting to send high-speed rail through Old Lyme. It’s not malicious. From what I understand, nearly everyone in-state would actually prefer Alternative 2, connecting Hartford to Boston. Parsons Brinckerhoff just wants to get this done. Right now they are busy with their statutory obligation of weighing every one of those 1200 comments.

That said, no one really wants a small town at the mouth of the Connecticut river to upset the tea cart. If at the end of the day, Washington and Hartford decide that a train has to run through Old Lyme, then they plan to run a train through Old Lyme. I think it’s fair to say that pretty much everyone wants us to pipe down and behave.

So, of course, they start telling us what they think we want to hear. Most importantly, for the first time the idea of tunnel is floated, privately, details to be determined at some uncertain date, perhaps 2 billion dollars added the price tag—quite an accomplishment for a few weeks work! But don’t believe it for a second.

At Tier 1, the current planning stage, these vague promises mean almost nothing. Sure, they can relabel the purple line running through Old Lyme, and call it a tunnel. But it’s the purple line that really matters. In two years they can just decide that a tunnel is too expensive or impractical, and it’s a bridge all over again. To be clear, no one has actually carried out engineering or environmental studies on a tunnel. In this planning process, the decisions are coming before the studies. The cart before the horse.

So, where are we now in the process? Everyone should understand that the Federal Railroad Administration is replacing their master plan for the Northeast. The current plan dates back to 1978. The next plan will reshape rail in the Northeast for the next  25 years.

A decision will be made, probably in August. The choice will be announced around September 1. And if the Federal Railroad Administration chooses Alternative 1, and Alternative 1 still has a purple line running through Old Lyme, then we are in for the fight of a lifetime. We have a once-a-generation chance to shape federal plans for Old Lyme, and we need to get this right.

Editor’s Note:  This is the opinion of Gregory Stroud.

Legal News You Can Use: What a Revocable Living Trust Can and Can’t Do For You

trustA revocable living trust (or RLT) is a widely used estate planning device, often promoted in magazine articles and at seminars.  There is no doubt that individuals and couples can achieve substantial benefits, both tax and non-tax, through the use of revocable living trusts.  It is important, however, that people considering making a revocable living trust part of their estate plans have a clear understanding of what the revocable living trust can and cannot accomplish.

Some of the benefits that can be realized through the use of revocable living trusts are:

  • Any assets titled in the name of the Trustee of the trust upon death do not need to pass through probate.
  • People who own real estate in multiple states may avoid having their estates conduct probate proceedings in each state by titling the real estate in the name of the Trustee during life.
  • A revocable living trust can provide a mechanism for managing assets in the event of lifetime incapacity. The Settlor (person who established the trust) of a revocable living trust will designate a person or financial institution to assume the duties of Trustee in the event the Settlor is unable to manage his or her finances.
  • If privacy after death is a concern, a revocable living trust may help alleviate that concern because a revocable trust does not become part of the Probate Court’s public file after the death of the person who created the trust.

As useful as a revocable living trust can be to accomplish your estate planning goals, there are some things that it cannot do for you:

  • Transferring assets to a revocable living trust will not protect those assets from your creditors during your life.  Further, most revocable living trusts have language directing the trustee to pay the Settlor’s just debts after death.
  • The RLT does not shield trust assets from the costs of long term care, such as nursing home care. Everything in a revocable living trust is considered available to pay for nursing home care.
  • A revocable living trust will not prevent assets from passing through probate unless the assets are transferred to the revocable living trust during the life of the Settlor. Assets that are not transferred to the trustee during life may pass through probate, unless those assets are payable to a named beneficiary or owned jointly in survivorship.
  • A revocable living trust will not reduce the size of your gross taxable estate. Everything in your revocable living trust will be part of your gross taxable estate when you die.  Estate tax savings may be realized as part of your estate plan due to provisions contained in the revocable trust instrument, though, such as gifts to a spouse or charities.
  • The revocable living trust will not reduce the statutory fee that your estate must pay to the Probate Court after the death of the Settlor. Connecticut statutes set forth the Probate Court’s fee schedule based on the size of the gross taxable estate, and the Probate Court does not have the power to deviate from the fee schedule.
  • Even if you transfer all of your assets to a revocable living trust, you will not be able to completely avoid contact with the Probate Court. Your trustee or executor will be required to file at least a Connecticut Estate Tax Return after your death.

Attorney Jeanette Dostie is a Director at Suisman Shapiro in New London, CT, the largest law firm in eastern Connecticut. She has a wide experience in estate planning, ranging from simple wills to complex estate plans designed to maximize estate tax savings for clients. For more information, visit www.suismanshapiro.com or call (860) 442- 4416. Suisman Shapiro is located at 2 Union Plaza, P.O. Box 1591, New London, CT 06320.

Letter From Paris: A Divided Europe is Too Weak to Resist Turkish Pressure

Nicole Prévost Logan

Nicole Prévost Logan

The European Union (EU) is going through what most consider the toughest times in its history.  The surge of migrants, not only from the Middle East but also from South East Asia and Africa, has provoked an untenable human crisis on the continent.  It is threatening the fundamental principles on which the (EU) was built.  In desperation, Europe turned to Turkey for help and became the prey of an authoritarian government whose main objective is to force its way into the EU.

More than ever Angela Merkel has become the homme fort  (the strong man) of Europe.  She is the only one among the 28 heads of state of the EU to have taken a clear stand on how to manage the migrant crisis – albeit without a well-thought-out plan.  The general opinion here is that, as a good pastor’s daughter, she has been motivated by a sense of moral duty when she opened her arms to the migrants at the end of 2015.

German Chancellor Angela merkel shakes hands with Turkish President Recep Tayyip Erdogan after the historic agreement between the European Union and Turkey.

German Chancellor Angela Merkel shakes hands with Turkish President Recep Tayyip Erdogan after the historic agreement between the European Union and Turkey.

On the flip side, her methods have irked many Europeans such as her several one-on-one talks with Turkish President Recep Tayyip Erdogan.  The day before the crucial March 7 meeting in Brussels, she met Turkish prime minister Ahmet Davitoglu for a six-hour long discussion, which lasted late into the night in an hotel near the Commission.  The only officials present were Jean Claude Junker, president of the European Commission and Netherland Mark Rutte, president of the Council of Europe (not to be confused with the European Council).

The French daily Le Monde described what happened in an article titled, “The night when Angela Merkel lost Europe.”  On the morning of March 7, diplomats and EU officials were stunned to discover the text of the pre-agreement.  None of them had been in the loop, not even Donald Tusk, president of the European Council, who had talked to every single EU leader state seeking  to create a consensual policy.

To speak in the German Chancellor’s defense, however, one should stress the pitiful lack of solidarity between the 28 EU members.  From the start the Visegrad group (Poland, Slovakia, Hungary and the Czech Republic) – a remnant from the former Iron Curtain countries – closed their borders to the migrants.  Other East European countries like Bulgaria and Rumania are also opposed to mandatory refugee quota.

The chancellor felt betrayed when, on Feb. 24,  Austria called a meeting of the Balkan states to stop the influx of migrants. Greece, the Balkan country most affected by the migrant crisis, was not invited.  Neither Brussels nor Berlin was notified.  David Cameron is too embroiled with his Brexit issue to get involved.

France has its own problems — it is still recovering from the Nov. 13 terrorist attacks, it does not want to help the right wing Front National by opening its borders too much and it is busy fighting radical Islam in five countries of the Sahel.  The “Franco-German couple” was described by some people as “moribund.”

As regional elections were approaching, Merkel made a 180 degree turn by tightening her immigration policy.  It was back to realpolitik lest public opinion forgets that she is a tough politician.

The German elections on March 13 did reflect the growing opposition to the influx of migrants.  The populist parties made substantial gains in the three Landers, both in the affluent West and in the remnant of the poorer RDA :  in Bad Wurtenberg the Alternative for Germany party (AfD) gained 15.1 percent and in Rhineland Palatinate 12.6 percent.  In Saxe-Anhalt , AfD placed second, right behind the Christian Democratic Party (CDU) with 24.3 percent of the votes.

Daniel Cohn Bendit, former “green” euro-deputy commented, “What is important is that 55-60 percent of the German population still supports Angela Merkel’s policy regrading the migrants.  Such scores would make many politicians green with envy.”

On March 18, the negotiations  between the EU and Turkey toward the final agreement looked like a haggling process with a “toxic but needed partner,” to use the words of Pierre Servent, military expert.  Immediately the text raised violent criticisms across the board.

The plan concocted by Davitoglu is complicated, requiring extremely challenging logistics to implement.  The objectives are to stop the drownings, curtail the despicable activities of the passeurs (smugglers), legalize entry into Europe of  persons entitled to asylum and send back to their countries of origin the “economic refugees.”  From now on all the migrants arriving in Greece – whether “real” refugees or not – will be shipped back to Turkey.  Then, for one Syrian refugee leaving Europe, one Syrian refugee will return to Europe through an humanitarian corridor.

Turkey will be the central player of the plan, which it will co-steer with the UN Frontex agency.  For this job Turkey expects to receive another three billion Euros.  Some commentators describe the whole process as a mass deportation. Legal experts find the plan to be a violation of human rights as written in the European constitution and in the 1949 Geneva convention on the right to asylum.

The task is herculean, commented Jean Claude Yunker.  A heavy responsibility is being placed on Greece.  Judges, translators, and up to 4,000 people will have to be hired to process the human flow.  France and Italy worry that the migrants, in order to avoid Turkey, will look for other access routes to Europe .

Turkey demanded two sets of compensation for services rendered: simplification of visa requirements for Turkish individuals traveling to Europe and acceleration of Turkey’s acceptance into the EU.  At first the European negotiators wanted these topics to be red lines not to be crossed.  They had to be satisfied with the inclusion of a few caveats in the text — 72 criteria for obtaining a visa; only one chapter open for the membership discussion and not five as Turkey wanted.)

It is to be expected that Europe will drag its feet to accommodate Turkey.  After 52 years, its position on Turkey still has not changed — it does not think Turkey belongs in Europe.

The migrant crisis has left Europe weaker, not very proud of itself and more divided than ever.

Editor’s Note: This is the opinion of Nicole Prévost Logan.

Nicole LoganAbout the author: Nicole Prévost Logan divides her time between Essex and Paris, spending summers in the former and winters in the latter. She writes a regular column for us from her Paris home where her topics will include politics, economy, social unrest — mostly in France — but also in other European countries. She also covers a variety of art exhibits and the performing arts in Europe. Logan is the author of ‘Forever on the Road: A Franco-American Family’s Thirty Years in the Foreign Service,’ an autobiography of her life as the wife of an overseas diplomat, who lived in 10 foreign countries on three continents. Her experiences during her foreign service life included being in Lebanon when civil war erupted, excavating a medieval city in Moscow and spending a week under house arrest in Guinea.

Reading Uncertainly? ‘The Wild Places’ by Robert Macfarlane

The_Wild_Places_by_Robert_MacFarlaneLast year, at our son’s suggestion, I read and reviewed with enthusiasm Robert Macfarlane’s The Old Ways (2012), his recounting of extensive walks in Great Britain, Spain, Palestine, and Tibet (see LymeLine.com review of Oct. 12, 2014.) That led me to his Landmarks (2015) and now to an earlier work, The Wild Places.

What begins as a eulogy for our disappearing wilderness becomes an elegy, even a celebration of remoteness, privacy and “the wild.” But the reply of the wild, wherever he finds it, at the remote corners of the British Isles or in his own Cambridge backyard, is “reports of my demise are premature!”

Macfarlane, a don at Emmanuel College, Cambridge, mixes remarkable research, reading and language, to explore both geographic and intellectual wildness. On his perambulations, he is always picking up small rocks, leaves, stems, feeling them, admiring them, and saving them for his library. He links every trek with apt, far-ranging quotations from a global entourage of writers. And his words, what words …

Consider:

  • “ideas like waves have fetches.”
  • The sky a “slurless blue”
  • The “grain of the mind”
  • “a row of hawthorns quaffed eastwards by the onshore winds”
  •  the “krekking of a raven”
  • “small waders – knots, plovers, turnstones – form their palping jellyfish-like shoals”
  • “a gang of rooks chakked over the corn stubble”
  • “I had a heptic memory, too.”
  • A rock that was “knapped out.”

Do you recognize any of the places he visited: Ynys Enlli (Scotland), Coruisk (Isle of Skye), Rannoch Moor (near Glencoe), Black Wood (east of Rannoch Moor), Cape Wrath (Scotland north coast), the Holloways (Dorset), Orford Ness (Suffolk), and Burren (north of County Clare, Ireland)? Macfarlane comes to acknowledge that wildness is often found close to home. How many of us know Hog Pond (the old name), Cedar Pond, Brown Hill, Joshua Rocks, Whalebone Creek, Nickerson Hill, Moulson’s Pond, Oliver’s Hole or Rat Island?

Wildness, to this professor, is “a quality to be vanquished and to be cherished.” It has “implications of disorder and irregularity” but it is also “an expression of independence from human direction … containing an energy both exemplary and exquisite.” Wild places remind us “of the narrow limits of human perception, of the provisionality of (our) assumptions about the world.”  Our response: “a brief blazing perception of the world’s disinterest” in what we humans have created — they give us “this sense of the human presence as being something temporary.”

Fellow wanderers appear.  Macfarlane asks a “Helen” to join a walk seeking birds: falcons, tiercels, ospreys, goshawks, and peregrines. None other than Helen Macdonald, also a professor at Cambridge, whose H Is For Hawk I enjoyed earlier this year.

The Wild Places reminded me of my own traipsing along the public footpaths of West Sussex and the South Downs, in the fall of 1978, and along the wanderwegs of St. Gallen and the Appenzell in Switzerland in the 1980s and 1990s. Plus the trails of Nehantic State Forest in the 1990s …

Macfarlane suggests wildness is an attribute to be carefully enjoyed, with both sight and sound: “rooks haggled in the air above the trees … the noise of the wood in the wind; a soft marine road. It was the immense compound noise of friction – of leaf fretting on leaf, and branch rubbing on branch.”

His admonitions: listen and look. Wildness may be close at hand.

Editor’s Note: The Wild Places by Robert Macfarlane was published by Penguin, New York, 2007.

Felix Kloman_headshot_2005_284x331-150x150About the Author: Felix Kloman is a sailor, rower, husband, father, grandfather, retired management consultant and, above all, a curious reader and writer. He’s explored how we as human beings and organizations respond to ever-present uncertainty in two books, ‘Mumpsimus Revisited’ (2005) and ‘The Fantods of Risk’ (2008). A 20-year resident of Lyme, he now writes book reviews, mostly of non-fiction that explores our minds, our behavior, our politics and our history. But he does throw in a novel here and there. For more than 50 years, he’s put together the 17 syllables that comprise haiku, the traditional Japanese poetry, and now serves as the self-appointed “poet laureate” of Ashlawn Farms Coffee, where he may be seen on Friday mornings. His wife, Ann, is also a writer, but of mystery novels, all of which begin in a bubbling village in midcoast Maine, strangely reminiscent of the town she and her husband visit every summer.

Social Security Tips: Use Your Extra Day to Leap Into Retirement

It’s leap year and that means one thing – you can add one extra calendar day to your February schedule. Many people are preparing for the upcoming elections. Others might be getting a jump on spring cleaning. What will you do with your extra day?

You could use a few of your extra minutes to check out what Social Security offers at  www.socialsecurity.gov/onlineservices. There, you can:
*       Apply for retirement, disability, and other benefits;
*       Get your Social Security Statement;
*       Appeal a recent medical decision about your disability claim;
*       Find out if you qualify for benefits;

If you’re planning or preparing for retirement, you can spend a fraction of your extra 24 hours at my Social Security. In as little as 15 minutes, you can create a safe and secure my Social Security account. More than 21 million Americans already have accounts. In fact, someone opens one about every 6 seconds. Join the crowd and sign up today at www.socialsecurity.gov/myaccount. With a personalized my Social Security account, you can:

*       Obtain an instant, personalized estimate of your future Social Security benefits;
*       Verify the accuracy of your earnings record – your future benefit amounts are based on your earnings record;
*       Change your address and phone number, if you receive monthly Social Security benefits;
*       Sign up for or change direct deposit of your Social Security benefits;
*       Get a replacement SSA-1099 or SSA-1042S for tax season; and
*       Obtain a record of the Social Security and Medicare taxes you’ve paid.

And if you have a little time to spare, you can always check out the agency’s blog, Social Security Matters, at blog.socialsecurity.gov. There, you will find guest posts by Social Security experts, in-depth articles, and answers to many of your questions about retirement, benefits, and healthcare. Each post is tagged by topic so you can easily search for what matters most to you.

Leaping from webpage to webpage, you can easily see that Social Security has you covered all year long, not just on that extra day in February.Remember, you can access the Social Security homepage that links to a wide array of online services any day of the week at www.socialsecurity.gov.

Editor’s Note: The author Robert G. Rodriguez is a Social Security Public Affairs Specialist in New Britain , CT