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BOS Minutes 03/27/03
Old Lyme Board of Selectmen
Special Meeting March 27, 2003

The Board of Selectmen held a special meeting at 4:00 P.M. on Wednesday, March 27, 2003 at Memorial Town Hall Auditorium.  Those present were First Selectman Timothy Griswold, Selectman Tom Bice, Selectman Skip Sibley, Lyme First Selectman Bill Koch, Building Committee Chairman Bob Dunn.

1.  Town Woods Recreational Facility – Participation with the Town of Lyme
The purpose of the special Board of Selectmen meeting is to discuss the Town Woods Recreational Facility partnership between Lyme and Old Lyme.  First Selectman Griswold received a memorandum of understanding from Mr. Reynolds and Mr. Koch of Lyme  in which First Selectman Koch states that he and Mr. Reynolds would sign the Old Lyme memorandum of understanding with the following modification.  Old Lyme would use its STEAP Grant of $450,000 and Lyme would use $450,000 of its STEAP Grant as the first money into the project.  Once the $900,000 has been fully spent, the agreed ratio of 75%-25% using town funds will commence.  The net effect of this amended agreement, assuming $1.4 million project would be STEAP funds of Old Lyme $450,000 and Lyme $450,000 totaling $900,000.  The remaining $500,000 would be funded 75% Old Lyme and 25% Lyme.  Lyme would use its remaining $50,000 grant money toward its 25% responsibility.  Therefore, Old Lyme would fund 75% or $375,000 and Lyme would fund 25% or $125,000 ($75,000 from the general fund and $50,000 from Lyme’s grant.)                                                                                                                                                                            

Or, as an alternative, use the STEAP funds as outlined in the Old Lyme memorandum of understanding with the following added.  Lyme and Old Lyme, as future joint owners of the property, agree to jointly file and support an application to the Old Lyme Inland Wetlands Conservation Commission and any other board and agency in Old Lyme for permission to construct a pond on the Town Woods property.  The creation of a pond could save as much as $200,000 in fill and top soil costs which would flow $150,000 to Old Lyme and $50,000 to Lyme.  It might also be an additional water source for watering the fields and conceivably used for skating in the winter.  The application must be successful to trigger this application.

Lyme First Selectman Koch added that, if the second plan were successful, that would be fine.  If the second plan was not successful, then we could turn to the first option.

First Selectman Griswold asked what is the nature of the fill to be taken from a pond?  Lyme First Selectman Koch answered he did not know.

First Selectman Griswold spoke with Inland/Wetlands Officer Ann Brown who said creating a pond in wetlands is more difficult than in hard ground.  It might be necessary to file a
permit application from the DEP.  

First Selectman Griswold asked if the $200,000 (fill cost) is an effort to make a smaller project to save money.  Lyme First Selectman Koch answered yes.   

Bob Dunn, Chairman of the Town Woods Building Committee, added that it is important to get the right kind of soil to build athletic fields, and he feels the fill may not be usable.                            

First Selectman Griswold stated that the second option sounds fine except for the statement that “the application must be successful to trigger this application”.  He asked if the fill is not useful, would a pond still be built?

Selectman Bice stated that this is the first time he has heard of a pond even though the discussion about the Town Woods Facility has been ongoing for months.  There is a design proposed by Vollmer Associates and this constitutes a significant change in the scope of the work.  He does not feel it should be on the table.  If it is a feasible option, there is phase 2 yet to be done and it could be used at that point.

Bob Dunn stated that it was Vollmer’s opinion that wells should be used for water sources and not a pond.  Maybe in the future this could be considered.

Jack Alexander stated that the High Hopes pond would shed light on the character of the pond fill because it is in the vacinity of the Town Woods Facility.  First Selectman Griswold added that the Lymes’ Senior Center was built up using fill from the property.  That would be a good way to determine the condition of the soil.

First Selectman Griswold feels the pond idea would be hard to implement in conjunction with the time line for the fields.  

Mr. Griswold asked whether Lyme was interested in keeping the project to a certain size, not to exceed $1.2 million?

Selectman Sibley concurred with the Old Lyme Selectmen that it is necessary to have the acceptance of the memorandum of understanding as presented on March 24.  There should be a spirit of cooperation between the two towns.

Bob Dunn feels that the focus should be to get the project moving as quickly as possible.  If a plan for a pond could be incorporated in the future, that could be a great idea.  The project is contingent upon an agreement between the towns.  The fact that the memorandum of understanding is not signed could slow down the engineers, the permits, and the soil testing to see if it is suitable.

First Selectman Griswold asked Lyme’s First Selectman Koch if it would be acceptable to strike the last sentence stating that the application must be successful to trigger this option?  Could it be reworded to say this application would be submitted on a best-efforts basis?  If it comes to pass, all will be the beneficiary.    

Selectman Bice stated that this is a contingency that we need not pursue. He feels the second option should be rejected and move to the first option because the committee needs to get to work on the agreed plan. The second option could be discussed as an amendment to the first option.

Bob Dunn asked how a contractor would be able to bid on the project not knowing if a pond is
involved?

Lyme’s First Selectman Koch felt he could not comment on any changes until he conferred with Finance Chairman Gary Reynolds.

First Selectman Griswold stated he could support the second option with the change in the last sentence.  He would have trouble supporting the first option.  

First Selectman Griswold asked Selectman Bice if he could await Mr. Koch’s interrogatory about the removal of the last sentence and then be able to accept the second option on a best-efforts basis?  

Selectman Bice said he would agree to accept Old Lyme’s memorandum instructing the building committee to try to save money possibly by building the pond and using the topsoil.

First Selectman Griswold stated he would entertain a motion to accept the second part of the Lyme memorandum of understanding with the removal of the sentence that says that the application must be successful to trigger this option and replace it with the application will be submitted on a best-efforts basis.  Selectman Sibley – so moved.  Selectman Bice seconded for discussion.  Selectman Bice added that this commits the two towns to support an application to the Old Lyme Wetlands Conservation Commission.  

First Selectman Griswold said that if the building committee reported that the soil is unsuitable for use in the fields or in a first phase, that option would cease.  If the DEP said they would not approve, even though Old Lyme Wetlands Commission approved it, this option would cease.
  
Town Clerk Irene Carnell asked if there was liability to the town to have a pond?  First Selectman Griswold answered that there are definitely liabilities.  It could require a fence, and it could attract more geese.  

Selectman Bice stated that, if removing the sentence in the second option is acceptable to Lyme, then Old Lyme should write a part two or incorporate it in a new paragraph and go from there.

First Selectman Griswold said that it may not be necessary to have a motion.  Selectman Koch could relay the information of this meeting to the Lyme Finance Chairman.  If the new wording of the agreement were accepted, the Old Lyme Board of Selectmen would insert paragraph 3 that would encapsulate all the thoughts.  

Motion opposed.  

2.  Adjournment
Selectman Bice made a motion to adjourn at 4:40 P.M.  The motion was seconded by Selectman Sibley.