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Board of Selectmen Approved Minutes 02/21/2012
BOS 21 Feb 2012 resignation attachment.pdfBOS 21 Feb 2012 TW presentation attachment.pdf
Old Lyme Board of Selectmen                              
Tuesday, 21 February 2012


The Board of Selectmen held a Regular Meeting at 4:00 PM on Tuesday, 21 February 2012 in the Meeting Hall of the Old Lyme Memorial Town Hall. First Selectwoman Bonnie Reemsnyder, Selectwoman Mary Jo Nosal and Selectman Skip Sibley were present.


1. Approval of Minutes – 6 February 2012
Selectwoman Nosal stated that under New Business (a) the minutes read "First Selectwoman Reemsnyder stated that several months ago Frank Maratta, owner of the Pavilion, had requested permission from the Town to allow the busing of college-aged students to events held at the Pavilion …." The language will be corrected to read on December 5, 2011.  Selectman Sibley moved to accept the minutes of 6 February 2012, and Selectwoman Nosal seconded the motion.  SO VOTED.  


2. Communications – Letter from the Conservation Commission
First Selectwoman Reemsnyder read a letter to the Selectmen from the Conservation Commission, dated February 2, 2012.  The letter supports First Selectwoman Reemsnyder's decision to care for the Town's playing fields without the use of pesticides.  They request that the Selectmen hire a certified organic lawn care specialist to head up the team to care for the fields and that the program be fully funded and that the total usage of the fields be reviewed.


3.  Appointments - NONE


4.  Old Business
Anti-Blight Ordinance Update
The first meeting for this Committee is scheduled for 14 March at 7:30 PM in the Town Hall Conference Room.


5.  New Business
a. CT River Gateway Commission - Informational
Peter Cable introduced Torrance Downs from the Gateway Commission. Mr. Downs presented the Selectmen with copies of the Mission Booklet of the CT River Gateway Commission.  Mr. Downs reviewed the duties and the background of the Commission. Peter Cable also introduced Suzanne Thompson, ex-officio.  

b. Town Woods Operating Committee – Presentation on Maintenance
Bob Dunn, Chairman of the Town Woods Park Operating Committee and Phil Neaton, Vice Chairman of the Town Woods Park Operating Committee made a presentation to the Selectmen regarding a comparison of maintenance program options for the Town Woods Park.  In the presentation three options were presented:  1. Original Contract Treatments (Recommended), 2. Elimination of all pesticides (Not Recommended), and 3. Hybrid Non-Synthetic / Synthetic Option (Compromise Alternative).  A comparison table including seasons, park areas, products used, labor and costs was part of the presentation.  In summary, the presentation concluded that both Lyme and Old Lyme Parks and Rec Departments and the Town Woods Operating Committee feel that the impact of continuing an anti-pesticide approach at Town Woods Park would cause:  continued deteriorating field quality, reduction of available practice and game time for sports teams (including shortening of seasons and less home games), the need to limit or eliminate District 18's use of the fields, the rotation of fields for repair (closing a field each fall season), and a significant increase in costs for the taxpayers.

Ralph Eno, First Selectman of Lyme, reported that there is new State legislation pending this session which would require integrated pest management for public schools.

First Selectwoman Reemsnyder stated that when the decision to stop using pesticides was made for this year, it was due to the CT law regarding pesticides on school fields and the fields are being used for Regional District 18 students.  Selectman Sibley stated that the law only applies to children up through grade 8 and that with proper treatment of pesticides, the fields can be used after 24 hours.  Selectman Sibley urged the Selectmen to think hard on this, in light of the information presented, but with attention to the law. Mr. Dunn would like to see the Town experiment (as the Pesticide Awareness Committee had suggested) to use organic treatment only on one field and not all fields.

Selectwoman Nosal stated that keeping the fields playable is very important.  The fields are getting lots of use by all age groups.  She thanked Mr. Dunn and Mr. Neaton for doing such a fine job and inquired about the licenses that Mr. Neaton referred to.  Mr. Neaton shared information about his license to apply EPA registered pesticides on fields.   Mr. Neaton feels that most of the legislation made in CT and other states regarding the use of pesticides has been based on emotion and not scientific knowledge.

First Selectwoman Reemsnyder thanked Mr. Dunn and Mr. Neaton and stated that they must have a plan for the fields going forward.  The Selectmen were not inclined to vote on this as they had made a decision to abide by the law because students from Regional District 18 are using the fields.

Mr. Dunn and Mr. Neaton at this time read their letter of resignation from the Town Woods Operating Committee. They felt that the recent actions by the Old Lyme Selectmen, including the decision to ban the use of herbicides and insecticides at Town Woods Park, prevent them from being able to fulfill their responsibilities to successfully maintain high quality athletic fields.  This will be effective immediately. 

Following their resignation, Selectwoman Nosal asked for clarity that despite their having presented an alternative treatment plan, that they were not interested in seeing it through, at which time they confirmed their resignation.

c. Snow Plowing Committee – Recommendation
Paul Yellan, a member of the Snow Plowing Committee, presented the Committee's recommendation to the Selectmen.  Option One:  The Town plows only Town roads, no legal implication for ceasing to plow the private beach roads.  Option Two:  Town plows Town owned roads and private roads, with private roads applying to the Town for plowing (must meet Committee snow plow road standards). The Town would be liable if accidental damage is made to private property.  The majority of the Committee recommended Option Two.

Beth Sullivan, a member of the Committee, stated that the Committee decided that if the Town is to plow any private roads that they open this up to all private roads and not only those at the beaches.

The legal response was that the past snow plowing of the beach private roads did not establish a legal precedence / there was no understood obligation to continue this practice.   Plowing the private roads certainly increases the liability exposure to the Town.  First Selectwoman Reemsnyder has researched past Board of Selectmen's meeting minutes, and did not find a vote documented; the private beach roads were being plowed as a courtesy.  If the Board of Selectmen had instituted this by a vote, then there would need to be a vote to change this.  Since the last meeting, new information had come to light regarding sub-divisions in Town.  This causes a conflict because the Planning Commission sub-division regulations specifically state the Town cannot plow the roads.  It was estimated that plowing private roads could cost an additional $6,000.  

There should be a written policy and no matter what the Selectmen decide, First Selectwoman Reemsnyder would like to put on the Town website accessible information as to what the plowing priority is.  

d. IT Consultant
First Selectwoman Reemsnyder reported that the Town has hired an IT Consultant.  His name is Mark Kramm and he is a resident of Old Lyme.  Mr. Kramm is reviewing the Town's IT and putting together an asset catalog of what the Town presently has.  He will recommend tactical upgrades and cost-saving measures.  He will also assess the current time and resources that the Town currently has in place for IT.  This is a seven week project.  Selectman Sibley asked if this was put out to bid, and it was not due to the inability to find other vendors for this service.

e. Village Estates – Bids       
First Selectwoman Reemsnyder reported that the Town had received 10 bids, 9 of which were full, not partial, bid proposals.  The low bid came from B & L Construction in Old Lyme in the amount of $36,162.  The Town Engineer has reviewed the bids and he recommended that the Town sign a contract with B & L Construction for work to be done at Village Estates.  Selectman Sibley was uncomfortable awarding a contract for the work since the bid amount exceeded the bond.  The homeowners have all received certified letters regarding this matter although none had responded. The letter that went out was not clear in stating that the homeowners should acknowledge responsibility to pay the balance.  First Selectwoman Reemsnyder was advised by Town Counsel that it would be fine to move forward.  Selectwoman Nosal agreed with Selectman Sibley and the vote was tabled until the next meeting.  A more defined letter will be sent to the homeowners.

6. Public Comment
Tim Griswold spoke to the issue of Village Estates becoming a Town road.  Mr. Griswold stated that work would need to be done on the road before the Planning Commission could accept the road as a Town Road.  Also the parcel of land is still owned by the developer and the developer is not in the area anymore.  The property would need to be prepared to be deeded over before the road could become a Town road.  He feels it would be unwise to do any work that would cost more than the amount of money that is bonded.
Mr. Griswold spoke about the problem of the overuse of Town Woods Park.  There has been an increase in the number of people playing on the fields through Park and Rec and Regional District 18.  Lacrosse teams will need to use the fields beginning in March and this is the time of year when the new grass is starting to grow.  With the present poor condition of the fields – playing Lacrosse will cause further damage. Mr. Griswold hopes that there will be a dialogue between the Parks and Rec Departments and Regional District 18 about this.
Mr. Griswold stated that the prospect of plowing all private roads is scary.  Between private roads and sub-divisions there is about 24 miles of road.  At present the Town plows about 60 miles of roads and if you add the private roads, he is sure that it will cost the Town much more than the $6,000 mentioned.  He does not feel that the Town should be in the business of plowing private roads. With respect to trash pickup, Shoreline Sanitation does not pick up trash on all private roads.  

Scott Boulanger, President of the Federation of Beaches, commended the Town for creating the Snow Plowing Committee and thanked the Committee for their work.  He hopes that a decision is not made too quickly to fit the timeline of the Board of Finance.  There are some questions that still need answers.  He will send a list of the questions to the Selectmen.

Lauralyn Lewis of the Conservation Commission stated that there will be a pesticide forum held on March 30 and 31 at Yale by a National Organization.  It is important to note that Harvard has gone successfully pesticide free. As First Selectwoman Reemsnyder stated, this is going on in other states and it is important for Old Lyme.  Town Woods Park is not just playing fields - it is part of Town aquifer.  Studies in other Towns show that these chemicals do get into the ground water.  They do not always test at the site but may end up in locations where the chemicals were not applied.  She applauded the Selectmen's decision and thinks that it is important to acquire more information through reputable sources and would like the Selectmen to consider joining the forum at Yale in March.

7. Other Business
Selectwoman Nosal asked if there was an update on the Steering Committee information for Roger's Lake Dam.  First Selectwoman Reemsnyder stated that Tim Griswold, Ellie Czarnowski and Howard Pfrommer had met and looked over the initial plans.  This will go on the agenda once the plans for the fishway are available.  First Selectwoman Reemsnyder would not expect work to begin on this project before July or August 2013.
Selectwoman Nosal asked about the status of Mr. Maratta's bussing request.  First Selectwoman Reemsnyder reported that she had sent a letter to Mr. Maratta and denied his request because it lacked detail.  She requested specific dates and times and would consider each application individually.  She had not heard back from him yet.
Selectwoman Nosal asked about the status on the GIS flyover.  First Selectwoman Reemsnyder stated that she needs to go the Board of Finance to request the allocation of funds for this expense which will be in the range of $11,000 to $12,000.
Selectman Sibley asked about the status of the issue of the boundary that had been moved by a Town resident.  First Selectwoman Reemsnyder reported that this was now in the hands of Town Counsel.

The next Board of Selectmen's meeting will be held on Monday, 5 March at 7:30 PM in the Meeting Hall of the Old Lyme Town Hall.

8. Executive Session – NONE     


9. Adjournment
Selectwoman Nosal moved to adjourn the meeting at 6:37 PM.  Selectman Sibley seconded the motion.  SO VOTED.


Respectfully submitted,
~
Mary Ellen Garbarino
Recording Secretary