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BOS Minutes 09/16/02
Old Lyme Board of Selectmen
Regular Meeting September 16, 2002

The Board of Selectmen held its regular meeting at 7:30 P.M. on Monday, September 16, 2002 at Memorial Town Hall Auditorium.  Those present were First Selectman Timothy Griswold, Selectman Tom Bice and Selectman Skip Sibley.

1.  Approval of Minutes:
Selectman Sibley made a motion to approve the minutes of August 28, 2002 (Special Meeting) and September 3, 2002 as written.  Selectman Bice seconded the motion. SO VOTED.

2.  Communications:
a.   Robert Coogan – SNET – DSL – Service
A letter was sent to Robert Coogan stating that our survey has produced 190 favorable responses for DSL Service, which is in excess of the 170 SNET target.  We hope this response will encourage SNET to proceed with the required capital expenditures.

b.  Angelo Grasso – Denial of Parking Permit
First Selectman Griswold explained that he sent a denial letter to Angelo Grasso who had requested a parking permit for the property he purchased at 67 Swan Avenue.  The reason for denial is the excessive crowds this past summer and First Selectman Griswold believes the newly formed Sound View Parking Committee may analyze this and other issues.  Mr. Griswold noted Mr. Grasso has been operating the lot under the permit issued to Tommi Bowers.

c.  Thomas Metcalf – affordable housing at Alpha Avenue
The town received a letter from Thomas Metcalf, PE concerning the suitability of the town land on Alpha Avenue for affordable housing.  Mr. Metcalf is used by the land use departments frequently, and it is his opinion the land is too wet for a house site.  Therefore, it appears this site is not viable.

3.  Appointments:
    None

4.  Old Business:
a.  Town Woods Park – Old Lyme Day Care, Approve Appraiser & STEAP Grant  Applications
Selectman Bice questioned whether the town should be involved in helping non-profit organizations.  In this case, no one is asking for public financing but rather land from the town, which gives cash grants every year to other non-profit organizations.  Selectman Bice suggested proceeding to the next level of feasibility dealing with topics such as liability, etc. First Selectman Griswold was concerned with the mention of a pre-K program which would change the use of the facility.  The proposal is for K-6th grade, and the building would not be used for day care during the day or on the weekends.

Connie Pike said that at this time a six-week summer program is going on.

Selectman Sibley felt the main idea of the Day Care presentation was concentrating on the school year.  He says it is important to outline the needs for now and have enough flexibility in the guidelines to negotiate once the program is in place.  

Selectman Bice declared a motion that the Board finds the Day Care Board’s request for a land on the Town Woods property to be in the town’s interest and, pending successful negotiations between the Day Care Center and the town, the Board will endorse the project.  The Board will create a negotiating committee to consider the details of the proposed Day Care Facility consisting of one representative from the following:
Day Care Center Board, Old Lyme Parks & Recreation Committee, Lymes Senior Center Board, Old Lyme Board of Finance, and the Board of Selectmen as Committee Chairmen.  Request that the committee report recommendations to the Board of Selectmen not later than two months from today after which the Board of Selectmen will make its decision.  If that decision supports the Day Care Center’s proposal as modified
by the committee, the Board of Selectmen will initiate steps to promote the endorsement by appropriate town decision-making bodies.   

First Selectman Griswold suggested changing the term land grant to use of land. Selectman Sibley seconded the motion with the suggested change.  SO VOTED.

First Selectman Griswold had contact with three appraisers for the Town Woods property.  The Blair proposal is the least costly and will be the one used by the Town of Old Lyme.                                                                                                                      
The STEAP Grant application will be sent in this week.

b.  Lyme Street Reconstruction – DEP Resolution
A legal notice has been sent to the New London Day newspaper reporting that the town proposes to rehabilitate the street and people will be kept informed.  There will be a match between federal program and town money of 80 percent/20 percent. If additional information is needed, call First Selectman Griswold.  Selectman Bice made a motion to approve the resolution as published.  Selectman Sibley seconded the motion.  SO VOTED.

c.  Fairfax Properties Inc
First Selectman Griswold, George James and Ted Crosby attended the 8th round of the open space grants.  The Town of Old Lyme was awarded two grants for the Fairfax property.  The combined amount is $591,956 for two parcels.  One property is 204 acres and the other property is 64 1/2 acres.  George James reported that the appraised value was $1,301,000.  After subtracting the state grant, there is a remainder of $709,000 to be split between the Nature Conservancy which has offered $291,506 and the Town of Old Lyme of $417,538.  The 65 acres are in the middle of town behind The Old Lyme Inn on the north side of I-95 and the other parcel is between Whippoorwill Road and Library Lane.  The State of Connecticut has invested in Old Lyme’s open space the amount of $1,816,596.  The Nature Conservancy has invested $530,000.  The Old Lyme Conservation Trust has invested $110,000.  The Connecticut River Gateway has invested $70,000.  The McCulloch Family has placed over 400 acres under conservation and easements at no cost to the Town of Old Lyme.

First Selectman Griswold added that the $140,000 was withdrawn from the Open Space fund for the Peterson property.  This year’s allocation was $75,000 to the fund.  The balance on hand is $407,768.  

First Selectman Griswold read a resolution to authorize the expenditure of a sum not to exceed $418,000 from the land acquisition fund toward the purchase of 268 ½ acres of land by the Town of Old Lyme and The Nature Conservancy for the Fairfax property at 91 Lyme Street and 245 Whippoorwill Road for the total sum of $1,301,000 contingent upon a grant from the State of Connecticut in the amount of $591,956 toward the said purchase price as recommended by the Planning Commission and Conservation Commission.  Selectman Bice made a motion to accept the resolution as read.  Selectman Sibley seconded the motion.  SO VOTED.

d.  Shoreline Sanitation – Cost Comparisons for Refuse Collection
Gary Yuknat, owner of Shoreline Sanitation, reported that the town would save at least $500,000 over the next 10 years by using the automated garbage collection system.  Gary presented figures for the cost of replacing a third truck and adding a full-time driver, the cost of replacing a third truck and adding a half-time driver, and the cost of the automated system. He feels the automated system is safer, more efficient, and a less costly way to do business.  He would like the Board’s decision by October 1, 2002 in order to make the proper arrangements.  First Selectman Griswold will present the report to the Board of Finance tomorrow.  
Old Lyme citizen Gail Fuller asked how many RFP’s the town put out and how many different companies responded?  First Selectman Griswold answered that Gary Yuknat has a three-year rolling contract and, therefore, it would be difficult to do an RFP. If the town was dissatisfied with his service, the annual additional year would not be added to the contract and within three years he would not longer service the town.

Selectman Sibley asked if some of the garbage collection equipment could be incorporated into the Public Works Department and still continue a management arrangement?  First Selectman Griswold answered that there was an analysis done regarding the town buying the equipment and having Gary operate it. The Board of Finance at that time was adamant that the town should not be in the equipment business from a cost and liability basis.

Selectman Bice suggested that Gary rework the cost estimates for the first several years because the cost of the trash cans will not be over a ten-year period.

There will be more discussion at the next Board of Finance meeting.  

e.  Rogers Lake Dam Study – Selection of Engineer
The amount of $20,000 has been budgeted for the Rogers Lake study because the DEP requires the town to conduct checking for problems with the dam.  The first proposal was received from PARE Engineering.  The second proposal was received from Jacobson which Old Lyme Engineer George Roberts thinks will be more costly.  First Selectman Griswold will request the Board of Finance to review the figures.  At the next Board of Selectmen meeting a recommendation will be made.

f.  Landfill Closure - Update    
Recommendations and discussion will take place at the first meeting with Anchor tomorrow.

g.  Household Hazardous Waste Collection Day - Recap
There were 113 vehicles at the Household Hazardous Waste Collection Day on September 14, 2002.  First Selectman Griswold said that the school was a good location for this event.

h.  CT Water/Old Colony Beach – Fire Protection Charges
First Selectman Griswold read part of a letter from Connecticut Water that stated that, at the town’s request, Connecticut Water billed the beach associations directly for mains and hydrants located on private roads.  Because Old Colony Beach elected not to pay the charges, Connecticut Water asked the DPUC for a ruling on the matter.  The DPUC did not rule but said the matter should be resolved in a court of law.  Based on this recent  utcome, it is Connecticut Water’s continued opinion that the town is ultimately responsible for the Old Lyme Board of Directors Regular Meeting September 16, 2002 fire protection charges, and Connecticut Water will begin billing the town for past and ongoing fire protection charges related to Old Colony. First Selectman Griswold said it is necessary to speak about this matter with the Board of Finance as well as Town Atty. Marylin Clarke.  It might be necessary to settle the matter in court.

5.  New Business:   
a.   John Flower – Qualified as Building Official
John Flower who is the Old Lyme Assistant Building Official passed an examination to be a Building Official.  Congratulations to John.

b.   Family Day – September 29, 2002 at 11 A.M. to 4 P.M. – Harkness State Park
Family Day will be held on September 29, 2002 from 11 A.M. to 4 P.M. at Harkness State Park.  

c.   Hartford Avenue Task Force
Selectman Bice reported there is a sub-committee formed within the Task Force to review regulations and zoning ordinances.  Linda Krause and her staff examined the regulations as they apply to Sound View.  They found that the way Old Lyme administers the coastal management rules and the regulations surrounding the C10 non-conforming lots in the beach area prohibits any form of change or revitalization.  The Board of Selectmen probably should be the sponsors with the Zoning Commission for the proposed changes for which Linda will supply the wording before the next meeting.    

d.  Beach Front Property
Selectman Bice stated that in September, 2001 the Economic Development Commission wrote to the Board of Selectmen recommending that the town begin to consider the purchase of the beachfront property.  Selectman Bice proposed that the Board of Selectmen begin the process of considering that action.  This does not have to be an agreement to purchase the property, but to start the process of what is involved and options.

First Selectman Griswold asked what the Board might consider about these properties? Selectman Bice replied one option is open space.  

Gail Fuller said she attended a seminar by the DEP regarding open space grants.  They have between 25 to 30 grants a year representing $14 million to be allocated.  To qualify for a grant for the Old Lyme beach property, an appraisal of the entire property would be necessary.  The appaiser would then do a separation assessment of what the value of the beach area would be and the value of the land with the buildings on it.  The DEP would entertain the possibility of providing money toward the purchase of the beach area and designate it open space.  The Economic Development Commission has grants for
blighted areas which municipalities can request.  There are also challenge grants for marketing and promotional activities.  

e.  Town Hall Computing Systems
Selectman Bice and Brad Ficken will be investigating the Old Lyme Town Hall computer systems. Selectman Bice will present a schedule of activities at the next Board of Selectmen meeting.  

6.  Public Comment:
Angelo Grasso of Glastonbury, Ct., had applied for a parking permit on his property located on Swan Avenue.  He said he was notified in writing that the permit was rejected in order to protect and promote safety, lesson congestion, and traffic.  He took pictures of parking lots that have been in violation with no signs, no listing of permits, and no lines on the ground. He questioned whether the laws that Atty. Clarke quoted only apply to him. He went on to question why his permit was rejected while the town is allowed to break the rules with over crowding. Is his rejected permit the responsibility of the town?

Russ Carlo presented the Board a petition signed by 40 citizens stating that taxpayers of Old Lyme and residents of Sound View Beach urgently request access to the beach on Swan Avenue be unencumbered and that the no parking and fire lane signs posted on the concrete barricade be strictly enforced.  Furthermore, the lounge chairs placed by the Pavillion on a 40-ft. right of way on the beach should be removed.  

Scott Bouchard, summer resident of Miami Beach, feels there should be more parking lots in the beach area, and it should be the responsibility of the town to take care of any issues.  Since the town profits from a beach parking lot, funding should be given to the beach associations.  There are still major problems with ATV’s on the beaches.  Police are needed and fines should be issued.

Peter Grimaldi, President of Miami Beach, complained of the ATV’s on the beach.  He questioned that since the town passed a resolution regarding no vehicles on the beach, is it correct to say the police have the power to control the situation?  First Selectman Griswold answered that the beaches should each pass it themselves.  That combination should give the police the needed authority to issue tickets.  Selectman Bice stated that positive action should be taken.  

Peter Grimaldi questioned why it is necessary to pay $15 to use the dump for leaves and branches since this is recycling material?  First Selectman Griswold said that the branches have to be chipped up and accumulated leaves have to be dealt with Peter Grimaldi stated that the Federation of Beaches do not want the new trash barrels. He does not want to use a 95-gallon barrel on the beach nor at his house.  First Selectman Griswold reminded Peter there are smaller sized barrels.  Peter was encouraged to visit
the Selectmen’s Office at a different time to discuss this problem.

7.  Other Business:
None

8.  Executive Session:
None

9.  Adjournment:
Selectman Bice made a motion to adjourn at 9:44 P.M.  The motion was seconded by Selectman Sibley.  SO VOTED.

Respectfully submitted,
Eileen Coffee, Clerk