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Board of Selectmen Minutes 10/04/2010
Old Lyme Board of Selectmen
Regular Meeting: Monday, 4 October 2010

The Board of Selectmen held a regular meeting at 7:30 AM on Monday, 4 October 2010 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectman Timothy Griswold, Selectman Skip Sibley and Selectwoman Bonnie Reemsnyder were present.

1. Approval of Minutes: 20 September 2010
Selectman Sibley moved to accept the minutes of 20 September 2010. Selectwoman Reemsnyder seconded the motion.  SO VOTED.


2.  Communications - None


3. Appointments
Selectwoman Reemsnyder moved to appoint Suzanne Campbell (U) to Lyme Senior Center, for a 3-year term, expiring July 2013 and Dorothy McAndrew (R) to Lyme Senior Center, for a 3-year term, expiring July 2013. Selectman Sibley seconded the motion.  SO VOTED.


4. Old Business
a. Review of Open Space Commission and Sound View Beach Commission Ordinances

Open Space Commission:  The Selectmen reviewed the Open Space Ordinance draft, as presented by Attorney Ed Cassella.  They would like input from the Conservation Commission about the draft ordinance before it is finalized.  The Selectmen would like Attorney Cassella and George James to meet to discuss the draft.  Appropriate Land Use Board and Commission members and Land Use staff should review the draft and give their endorsements.  Selectwoman Reemsnyder stated that the reason the Town is looking to establish an Open Space Commission is because of the large amount of land that the Town owns, the importance of open space to the community and to manage the easements provided.  The Selectmen would like to hold another meeting with the various Boards and Commissions to review the final draft, with a public hearing to follow.

Sound View Beach Commission:  The Selectmen reviewed the Sound View Commission Ordinance draft supplied by Attorney Marylin Clarke.  The draft covered the Establishment, Responsibilities, Membership (Terms of Office), and Qualifications.  Regarding membership:  The draft states that the Commission shall consist of five regular members who shall be appointed by the Board of Selectmen.  The Commission shall include three regular members who are property owners or electors who reside within the Sound View area and two electors from the Town at large.  Alternates may be electors from the Town at large.  Selectwoman Reemsnyder suggested that there should be a discussion regarding members coming from the Town at large.  Should the Qualifications section specifically state that the two regular member electors should come from outside the Sound View area, as the language "Town at large" could include the Sound View area?  The Selectmen agreed with this, and First Selectman Griswold will discuss this with Attorney Clarke.  The Sound View Beach Commission will work through the Selectmen and the various Town Commissions and Boards, serving as a liaison only.  A copy of this draft will be emailed to Frank Pappalardo, Chairman of the Sound View Commission Formation Committee.


b. UMARS License Agreement
The Selectmen reviewed the updated UMARS License Agreement with focus on items 4, 5 and 6.  These items refer to change of use, violation of permitted use and sale of the property to a third party.  The Selectmen are comfortable with the language.  Selectman Sibley stated that on the first line of the Agreement, the month should be changed from September to October.  Selectman Sibley moved to authorize First Selectman Griswold to execute the License Agreement on behalf of the Town for UMARS, LLC.  Selectwoman Reemsnyder seconded the motion.  SO VOTED.

c. Automated Single Stream Recycling Bid Opening
First Selectman Griswold reported that All Waste and Shoreline Sanitation have each submitted a bid.  The RFP called for presenting two bid amounts; one as a lump sum, which would be one figure each year of the four years, and the second as a guaranteed maximum price (cost plus with a ceiling).  The ceiling amounts might or might not be the same as the lump sum amounts.  One contractor provided lump sum pricing only, and the other contractor provided guaranteed maximum pricing only.  The RFP asked for the cost per unit (carts) to receive, assemble, deliver and inventory 4,700 carts.  One contractor provided the unit cost, but the other contractor did not.   That contractor representative said the cost is incorporated in the bid.  First Selectman Griswold will speak with the Town's attorney about the results, and inquire if the two bidders should be requested to provide the missing information, and then submit the bids again in accordance with the Town's RFP.

d. Duck River Culvert Update McCurdy Road
First Selectman Griswold reported that Jacobson Engineering of Chester has nearly completed the work to prepare the permitting documentation for the DEP.  The proposed plan is to sleeve a 66-inch diameter pipe into the present 72-inch diameter pipe and fill the void between the two pipes with concrete slurry. DEP approval could come by the end of this year, and the bidding process could begin as early as February of 2011, with the work being done in the summer.  

e. Church Corner Update
First Selectman Griswold stated that the paving has been completed on the driveway leading to the Christ the King Church Rectory and to the Cox property.  Chip seal material will be applied to the surface within six weeks after the paving was completed.  The curbs are set, but not backfilled, and the bluestone sidewalk along the Town Green has not been completed yet.  First Selectman Griswold will contact American Industries as to the status of the bluestone and the completion of the work on the curbing.

f. Lyme Art Association Waiver of Building Permit Fee of $476
First Selectman Griswold stated that a Town Ordinance allows the Board of Selectmen to waive or alter a building permit fee.  The building permit fee for the Lyme Art Association is $476.70 and First Selectman Griswold said the State is entitled to $11.70 of this fee, which cannot be waived. The Town does not normally adjust fees for non-profits, but because of the hardship that the Art Association experienced, due to the storm of March 30, the Selectmen believed it to be a special circumstance.

Selectman Sibley moved to waive the Town's portion of the building permit fee for the Lyme Art Association, an amount not to exceed $477, due to the mitigating circumstances from the flood of March 30, and the hardship that they experienced.  Selectwoman Reemsnyder seconded the motion.  SO VOTED.


5. New Business

STEAP Grant Approval - $229,750 for Rogers Lake Dam Repair
First Selectman Griswold reported that the Town had been notified through COST that the Town was approved by the State of CT for a grant to repair Roger's Lake Dam in the amount of $229,750.  The Town has about $74,000 earmarked for this repair, and the Town will go back to the engineer who did the preliminary work to assess what must be done.  In addition, some of the FEMA grant money from the March 2010 storm will be earmarked for dam repairs.  First Selectman Griswold believes that following the completion of the permitting process, the repair work could begin as early as August of 2011.  The Selectmen agreed that a new RFP should be drafted for the design work.  First Selectman Griswold will look into this.


6. Public Comment - None


7. Other Business
First Selectman Griswold reported that there will be a meeting of the Federation of Beaches and the Selectmen on Saturday, 23 October, at 9:00 AM in the Town Hall Meeting Room.  This will be posted as a Board of Selectmen Special Meeting.

Selectman Sibley inquired about the status of the Ross property line revisions.  First Selectman Griswold stated that under General Statute 8-24, a referral is required to the Planning Commission for this matter.  The Planning Commission would make a recommendation and would notify the abutting property owners.  Ultimately, a Town meeting would be required to accept the donation of the property.  First Selectman Griswold will write a letter to Tony Hendriks requesting that the property owner have a title search done.


Selectwoman Reemsnyder inquired if there had been a response from Mr. Sheffield regarding whether the stone wall demarking a property line has been moved back to its original position, as detailed in a letter from First Selectman Griswold.  First Selectman Griswold stated that there has been no response, and that someone from the Town needs to confirm the location of the wall.  If it has not been moved, the Town would need to have it moved and bill Mr. Sheffield for all costs to do so.

Selectwoman Reemsnyder inquired as to the status of a letter being written to Mr. Maratta, owner of the Pavilion at Sound View, regarding the large tractor parked on the beach of the Pavilion property.  First Selectman Griswold is still researching Town ordinances for any language pertaining to such matters.  Selectwoman Reemsnyder inquired as to a rule about vehicles not being allowed on the beach below the high water line.  There was a discussion and it was decided that First Selectman will research this further.

The next Board of Selectmen's meeting will be held on 18 October at 7:30 PM in the Meeting Hall of the Old Lyme Town Hall.


8. Executive Session – None             


9. Adjournment
Selectwoman Reemsnyder moved to adjourn the meeting at 8:32 AM and Selectman Sibley seconded the motion.  SO VOTED.


Respectfully submitted, ~

Mary Ellen Garbarino
Recording Secretary