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BOS Minutes 09/03/02
Old Lyme Board of Selectmen
Regular Meeting September 3, 2002

The Board of Selectmen held its regular meeting at 7:30 P.M. on Tuesday, September 3, 2002 at Memorial Town Hall Auditorium.  Those present were First Selectman Timothy Griswold, Selectman Tom Bice and Selectman Skip Sibley. First Selectman Griswold expressed his thanks to the citizens of Old Lyme and surrounding areas for the kind words in conjunction with the passing of his wife, Diane.  

1.  Approval of Minutes:
Selectman Sibley made a motion to approve the minutes of August 19, 2002 as written.  Selectman Bice seconded the motion.  SO VOTED.

2.  Communications:
a.  Connecticut Water Co – Old Colony Beach Fire Protection Charge  
The DPUC ruled that the fire protection issue petition is actually a dispute between the Town of Old Lyme and Old Colony Beach Association and should be resolved before a court of competent jurisdiction.  First Selectman Griswold reported that the Connecticut Water Company could take Old Colony Beach Association to court or Old Colony Beach Association could take the offer by the Connecticut Water Company to resolve the matter outside of court.  Further conversation is necessary with the Board of Finance and Town Attorney Marylin Clarke to select the best course of action.

3.  Appointments:
a.  Resignation of Jane Smith-Dell from Parks & Recreation Commission
First Selectman Griswold received a letter from Jane Smith-Dell, a member of the Park & Recreation Committee, that she will resign due to time constraints.  Anyone interested in filling this position should fill out a form in the Selectmen’s Office.

b.  Appointment of Wendy Brainerd (R) Alternate ZBA                                                     
The name of Wendy Brainerd has been proposed to fill the vacancy on the Zoning Board of Appeals as an alternate member.  Selectman Sibley made a motion to appoint Wendy Brainerd (R) as an alternate member on the Zoning Board of Appeals for a two-year term ending November, 2003.  The motion was seconded by Selectman Bice.  SO VOTED.

4.  Old Business:
a.  Selection of Appraiser for Town Woods Property
In order to move forward on the Town Woods facility project, it was decided that both Towns of Lyme and Old Lyme would each choose an appraiser and compare the results that will serve as a basis for the value of the property.  First Selectman Bill Koch of Lyme has chosen Norman Kane of Hadlyme.  First Selectman Griswold will telephone three recommended appraisers, Jim Blair of Riess Appraisal, Steve Flanagan of Flanagan Associates and Chris Miner of Miner & Silverstein, to get cost estimates and will report the information back to the Board of Selectmen to make a final decision.    

b.  Household Hazardous Waste Collection Day – Sept 14, 2002 LOLHS
September 14, 2002 is the Household Hazardous Waste Collection Day at the LOL High School at 9:00 A.M.  First Selectman Griswold suggested consolidating with neighbors to reduce the congestion as well as save money for the town which is charged per car.

c.  Sound View Parking Committee - Update  
The newly formed Sound View Parking Committee met today to discuss traffic patterns, parking lots, fees, traffic tickets, etc.  Another meeting will take place in a couple of weeks to make suggestions on these issues.   The committee intends to report the recommendations to the Board of Selectmen by the end of the year.  

d.  Landfill Closure Proposals – Selection of a Firm
Selectman Sibley reported that a committee comprised of Board of Finance Gail
Roth, Public Works Director John Roach, Selectmen Sibley and Bice, and Tom Metcalf an engineering consultant was formed to interview the two finalists, Anchor and Jacobson.  Although both candidates were very professional in their presentations, the committee recommends Anchor Engineering Services, Inc. be selected for reasons of competence and cost. First Selectman Griswold stated that he spoke with Dick Gates who did a survey of the Town Woods facility.  Mr. Gates will provide an estimate to do the A2 boundary survey.  He can also do a topographical survey and speak with the finalist on that.  He is prepared to give a quote on inland/wetlands flagging.  Selectman Sibley made a motion that the Board of Selectman accepts the recommendation from the committee to award the design portion of this project to Anchor Engineering Services, Inc.  Selectman Bice seconded the motion.  SO VOTED.  

e.  Town Woods Building Committee - Update
Selectman Sibley reported those in attendance at the Town Woods Building Committee meeting were Old Lyme Board of Finance Chairperson Gail Roth, Parks and Recreation Director Don Bugbee, Parks & Recreation committee member Roger Zito, and Selectmen Bice and Sibley.   Items discussed were whether the Day Care will be participating, establishing time lines, the scope of the project, communication with members of the Senior Center, the participation of the Town of Lyme and the Town of Old Lyme agreeing to have Lyme participate. First Selectman Griswold and Lyme First Selectman Koch agree that each town should move forward with an appraisal of the property.  First Selectman Griswold set a special Board of Selectmen meeting for Thursday, September 12, 2002 at 5:00 P.M. to establish whether the Day Care will participate in the facility.  Those invited will be representatives from the Old Lyme Day Care, Parks & Recreation members, and  representatives from Lyme.     

5.  New Business:
a.  I-95 (Branford to Rhode Island) Feasibility Study – Outreach Meeting
The Dept. of Transportation will hold a meeting on September 17, 2002 at 1:00 P.M. at the Old Lyme Town Hall concerning a feasibility study on improvements on I-95 from Branford to Rhode Island.

b.  Potassium Iodide (KI) Pill Distribution Plan
The State of Connecticut has announced its plans to distribute potassium iodide pills shortly after Labor Day weekend to approximately 67,000 households in the Millstone Emergency Planning Zone along with instructions on their use and other emergency planning guidance.  Old Lyme is within this zone.  The Old Lyme Town Hall will also participate in the distribution of an extra supply of pills on some basis.  Connecticut is the only state doing to an active distribution such as this.

c.  Proposal to Make Town Woods Road/Rogers Lake Trail a Three-Way Stop
Trooper David Todd sent a memo to the Board of Selectmen in which he requested that the town change the intersection at Town Woods Road and Rogers Lake Trail from a two-way stop to a three-way stop.   This would reduce speeds of those traveling west on Town Woods Road and make it safer for vehicles traveling south out of Rogers Lake Trail. Selectman Sibley made a motion to approve a three-way stop sign as submitted by Trooper Todd.  Selectman Bice seconded the motion.  SO VOTED.

d.  Estuary Transit District – Communities in Motion Proclamation
Gail Plancon of the Estuary Transit District requested the support of the Board of Selectmen to participate in this year’s celebration of public transportation.  The American  Public Transportation Association has declared October 3, 2002 as Communities in Motion Day.  First Selectman Griswold read the proclamation.  Selectman Sibley made a motion to endorse the proclamation as read by First Selectman Griswold.  Selectman Bice seconded the motion.  SO VOTED.

6.  Public Comment:
Angelo Grasso of Glastonbury, Ct. spoke in regard to an application for a parking lot permit at 67 Swan Avenue.  He applied on July 15, 2002 and wanted an answer.  Selectman Bice read part of a letter from Town Attorney Marylin Clarke which referred to Ordinances adopted in 1974, and amended in 1985 and 1999.  She finds that the First Selectman or his designee replaces the Zoning Enforcement Officer as the authorized official to issue the permit each year.  The procedure for hearing a complaint regarding a violation of the ordinance is by the entire Board of Selectmen and the imposition of a fine and revocation of a permit by the Board of Selectman.  The revocation of a permit would take place between the date of issuance and December 31 of that year since the permit automatically terminates at the end of each year.  In the opinion of the Town Attorney the decision to issue a parking permit lies with the First Selectman under the specific authority granted in 1999 amendment.  There are no vested rights to a renewal permit since the ordinance is clear that a permit terminates each year.  Furthermore, the purpose of the clause of the ordinance is quite detailed as to the safety considerations which may be an issue with the issuance of any parking permit whether or not it is a reissued permit.  First Selectman Griswold concluded that all lots will file applications for reissue at the end of the year and will be dealt with at that time.  The owner of the property, Angelo Grasso, feels that all that is being discussed now is after the fact of his application and purchase of the property.  He would like to know whether his permit would be issued or not issued under the same grounds as all the other permits.  First Selectman Griswold stated that it would be different because this summer has been different from the norm, and that he would have a decision tomorrow.

Fred Acker reported on the distribution of school expenses between towns and districts. He stated that District #1 decided to bring a suit against Connecticut State Attorney General Blumenthal and the school board stating that small towns support the larger towns.  He made a suggestion that the Town of Old Lyme allocate a maximum $5,000 to secure a lawyer to help District #1 in its challenge regarding how the cost of education is divided by student count.  District #1 wants a system on a grand list basis.  First Selectman Griswold suggested that Mr. Acker speak with a member of the bi-partisan legislative committee in Hartford.  Selectman Bice suggested receiving and reading the materials and making a decision at the next meeting.

7.  Other Business:
Since the improvement project on Lyme Street involves using State money, one of the criteria of the State is that the town has a public information meeting about the improvements.  This was done at the Town Forum.  It is also necessary to send a resolution from the Board of Selectmen which essentially gives their endorsement to the project.  First Selectman Griswold read the resolution.  It was agreed that some modifications in the resolution were needed before signing it.

On September 11, 2002 the schools will distribute patriotic lapel pins to staff members with optional wearing, staff breakfast to offer support, moment of silence, patriotic music and televisions off.  The Bells That Remember Campaign encourage all towns to ring bells at 8:46 A.M. for one minute and a minute of silence as a symbol of remembering those who died one year ago.  Governor Rowland sent a Proclamation of Remembrance Day to set aside a moment of silence and recommended the flags to be at half-mast.First Selectman Griswold will ask the area churches to ring their bells at 8:46 A.M.

Selectman Bice stated that at the last meeting Gary Yuknat was asked to submit alternative costs for trash collection with the proposed trashcans.  Gary is working on a cost comparison between adding a third truck with a man or two trucks with additional personnel or use the new unit and retrofit the old unit with the arm.

Fred Acker stated that Gary’s contract was based upon the current system, and we are going into a new system.  He feels the contract is now abrogated.  He feels the Board is obligated to go out for bids.  

8.  Executive Session:
None

9.  Adjournment:
Selectman Bice made a motion to adjourn at 8:55 P.M.  The motion was seconded by Selectman Sibley.  SO VOTED.

Respectfully submitted,
Eileen Coffee, Clerk