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Flood and Erosion Control Board Minutes 02/16/2010
 Old Lyme Flood & Erosion Control Board
Meeting Minutes
February 16, 2010

The meeting was called to order at 5:05 PM by Chairman Steve Ross.

Present: Steve Ross, Todd Machnik, Gary Smith, Steve Martino, Ellie Czarnowski – alternate
Absent:  Bob Chapman, Dave Roberge – Ex-Officio Member
Guests: Dave Wheeler, Mary K. Howley (Property Owners, Old Lyme Shores)

NOTE:  Ellie Czarnowski will be seated in place of Bob Chapman.

1. Correspondence
Steve Ross read a letter dated January 14, 2010 addressed to the Board of Selectman (this letter was received by the Selectmen on January 28) from Doug Whalen (President, Old Colony Beach Association) and Paul Graml (President, Old Lyme Shores Beach Association) regarding the flooding problems at Sheffield Brook with a request to the town to fund one-third of the cost of the engineering study.  Doug Whalen and Paul Graml complimented the Flood and Erosion Control Board for all the work they did to get the beach associations to this point.  The cost of the study will be $57,000, and the beach associations are requesting the town to fund one-third ($19,000) of said study.  The Board of Selectmen discussed this request at their February 1, 2010 meeting and decided that First Selectman Griswold should have a conversation with Steve Ross.

Todd Machnik moved to place agenda item Sheffield Brook under (4) Old Business to this position before (2).  Gary Smith seconded the motion.  SO VOTED.
NOTE:  Order of agenda items will change – numbers remain original.

4.  Old Business
Sheffield Brook - Results of associations' request for town funds by the Board of Selectmen
Steve Ross reported that he and First Selectman Griswold had spoken.  Steve Ross informed First Selectman Griswold that the Flood and Erosion Control Board had taken no position regarding town funding for the Sheffield Brook study.  First Selectman Griswold stated that the beach associations' request would be discussed at the Selectmen's meeting on March 1, 2010.  

Steve Ross asked the Flood and Erosion Control Board members what they felt the board's position should be.  Gary Smith stated that even though the area in question is private property, he feels that the town should take a pro-active role.  Ellie Czarnowski agreed that this is a town issue and that the Flood and Erosion Control Board should act as a facilitator only.  Todd Machnik stated that when the board first looked into the Sheffield Brook flooding problems, the goal was to get the two beach associations to come together and work as one.  The board has guided the associations in the process of drafting an RFQ and the selection of an engineering firm to do a study.  An engineering study would allow the associations the information needed to apply for federal grant money which would be applied toward the cost of the repairs.  Todd Machnik continued to say that there was never a discussion of town funding for this study.  With that said, the study is one thing, but the cost of the work to correct the problem will be very costly, and we must remember that this is nuisance flooding and not life threatening.  In Todd's estimation there are at least 500 homes involved, and if each homeowner was assessed $50, the cost of the study would be covered.  In his opinion, this is not an excessive amount for each homeowner to pay.  Mary Howley (OLS) stated that she believes there are 480 homes in Old Lyme Shores alone, not including Old Colony Beach.

Steve Ross stated that when the Flood and Erosion Control Board started this process, representatives from both beach associations put the pressure on the Board to move ahead quickly.  Steve Ross finds it very frustrating that all this work was accomplished by the Flood and Erosion Control Board, and now the representatives from the beaches have basically put the brakes on.  Steve Ross stated that neither beach association sent their representative to this meeting, and he feels that the beach associations should hold a special meeting and not wait until June.  The beach associations should each send their representative to the Selectmen's meeting on March 1, 2010 when this issue will be discussed.  Steve Ross stated strongly that the beach associations need to make a commitment.

Dave Wheeler (OLS) stated that the expiration date on WMC's bid was thirty days from the date the bid was opened, and we are far beyond that date now.  Todd Machnik stated that the chance of the study happening this winter is slim, as topography studies are done from the air and only when there are no leaves on the trees.  Dave Wheeler (OLS) agreed that the beach associations cannot wait until June for their meeting – it has to happen quickly.  Mary Howley (OLS) stated that she is equally as frustrated with her beach association board's lack of urgency, and asked what would happen if neither beach association were to act on this matter.  Steve Ross stated that the Board of Selectmen will discuss the request for funding just the same, but the beach association Presidents, or their designates, should attend the Selectmen's meeting.  

Gary Smith referred to the Connecticut General Statutes pertaining to Municipal Flood and Erosion Control Boards Section 25-87.  He believes that the Flood and Erosion Control Board has the right to assess the property owners.  The board agreed that this should be reviewed by an attorney, and Steve Ross will contact First Selectman Griswold to inquire as to who the appropriate counsel should be.  Todd Machnik requested Steve Ross to ask the attorney what the mechanics would be to accomplish this.



Sheffield Brook - Discuss status awarding of bids with Old Lyme Shores and Old Colony Beach
Tabled – No representative present from Old Lyme Shores or Old Colony Beach


Mile Creek – Maintenance Permit Status
Steve Ross reported that he had received the Certificate of Permission from the DEP regarding the repairs and maintenance of the Mile Creek channel where it empties into Long Island Sound.  This permit grants the town of Old Lyme permission to clean the channel as needed for a period of ten years.  The DEP will widen the channel and clean the ditches upon approval from the Army Corp of Engineers.

2.  Approval of January 26, 2010 Meeting Minutes
Todd Machnik moved to accept the minutes for January 26, 2010 as presented.  Steve Martino seconded the motion.  SO VOTED.

5. New Business – Discuss CGS statute Sec 25-87 Assessments
This item was covered in the discussion of Sheffield Brook.
6. Our next meeting will be on Monday, March 15, 2010 at 5:00 PM, town hall, second floor meeting room.  
7. Adjournment
Gary Smith moved, and Todd Machnik seconded, to adjourn the meeting at 5:55 PM. SO VOTED.

Respectfully Submitted,

Mary Ellen Garbarino