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Flood and Erosion Control Board Minutes 01/26/2010
 Old Lyme Flood & Erosion Control Board
Meeting Minutes
January 26, 2010

The meeting was called to order at 5:10 PM by Chairman Steve Ross.
Present: Steve Ross, Todd Machnik, Bob Chapman, Gary Smith, Steve Martino
Absent:  Ellie Czarnowsi – alternate, Dave Roberge and Tim Griswold - Ex-Officio Members
Guests: List attached

Steve Ross introduced Steven Martino as a new member to the Flood and Erosion Control Board and informed the board of the appointment of Ellie Czarnowski as an alternate.  Ellie was unable to attend this meeting.

1. Correspondence
Steve Ross reported that the application has been submitted to the CT DEP requesting permission from the DEP for the Town to maintain the Mile Creek outlet as needed.  The board is awaiting response.
2.  Approval of November 16, 2009 Meeting Minutes
Todd Machnik moved to accept the minutes for November 2009 as presented.  Bob Chapman seconded the motion.  The minutes were accepted.

3.  Election of Officers 2010 – Flood and Erosion Control Board
Steve Ross asked for nominations for a Chairperson.  Gary Smith moved to nominate Steve Ross as Chairperson, Todd Machnik seconded the motion.  Other nominations were requested and there being none, the motion was approved.  Steve Ross asked for nominations for a Vice Chairperson.  Steve Ross moved to nominate Todd Machnik as Vice Chairperson, Gary Smith seconded the motion. Other nominations were requested and there being none, the motion was approved.

Steve Ross requested that Mary Ellen Garbarino inform Eileen Coffee (Town Clerk), Cathy Frank (Selectmen's Office), and Ruth Roach (IT) of the new officers.

4. Old Business
Mile Creek – Maintenance Permit Status
Steve Ross stated that the permit application has been filed with the CT DEP.  If approved, the Town of Old Lyme will have permission to do maintenance on Mile Creek outlet for a period of ten years.

Sheffield Brook
Steve Ross stated that he had received an email from Paul Graml (OLS) stating that the process of getting the two beach associations to approve any funding for the study has been slow.  Steve Ross continued to say that at the FEC Board November meeting Doug Whalen said he would draft a letter to the Old Lyme Board of Selectmen requesting funds for the Sheffield Brook project.  Steve had not received this letter and had later suggested that Old Lyme Shores and Old Colony write a joint letter. They have said they are working on it but nothing has been received. Steve asked the guests present if anyone had information regarding this letter.  No guests had any information.
There was also discussion about how the associations had been requesting the FECB to move quickly but now they are saying they can not do anything until June.  
Gary Smith provided copies of the Connecticut General Statutes pertaining to Municipal Flood and Erosion Control Boards to the Board.  According to Section 25-87 the following is quoted.  “At any time after voting to acquire, construct or reconstruct any flood or erosion control system or portion thereof, the board in its discretion may elect to defray the cost thereof by issuing bonds or other evidences of debt, or from general taxation, special assessment or any combination thereof. If it elects to defray any part of such cost from special assessment, it may apportion and assess such part upon the lands and buildings in the municipality which, in its judgment, are especially benefited thereby, whether they abut on such flood or erosion control system or not, and upon the owners of such lands and buildings, subject to the right of appeal as hereinafter provided. Such assessment may include a proportionate share of any expenses incidental to the completion of such flood or erosion control system, such as fees and expenses of attorneys, engineers, surveyors, superintendents or inspectors, the cost of any property purchased or acquired for such work, interest on securities, the cost of preparing maps, plans and specifications, and the cost of printing, publishing or serving advertisements or notices incidental thereto. The board may divide the total territory to be benefited by any flood or erosion control system into sections and may levy assessments against the property benefited in each section separately. In assessing benefits against the property in any section, the board may add to the cost of the part of the flood or erosion control system located in such section a proportionate share of the cost of any part of such system located outside the section which is useful for the operation or effectiveness of that part of such system within the section and of any of the other items of cost or expense above enumerated.”  
Gary Smith asked the FEC Board to review said section with regard to the Sheffield Brook issue.  Steve Ross suggested that a special meeting of the Flood and Erosion Control Board be held if necessary and representatives of Old Colony Beach and Old Lyme Shores should be requested to attend.  
Todd Machnik stated that the FEC Board had worked very hard to get this process moving and that the Board had done their part to satisfy the beach associations involved.  This is now in the hands of Old Colony Beach and Old Lyme Shores.  In November they agreed to draft a letter to the selectmen regarding funding for the project and to date this has not been done.  Todd further stated that it was made clear to the associations that this request had to be made in a timely manner.  Steve Ross would like this request as an agenda item at a Board of Selectmen's meeting in February. David Wheeler (OLS) stated that there was also a deadline with regard to pricing stated in the proposal from WMC and the beach associations should be reminded of that.  
Steve Ross reported that Paul Graml (OLS) had informed him about a sink hole at the beach. Steve had walked the area in question and due to heavy snow cover he was not positive if he located the correct spot.  Joe Wren (Indigo Land Design) stated that he went to investigate the area in November and did find a small sink hole and was not sure what was the cause of it.  Steve Ross stated that he will contact Ed Adanti about this issue.
5. New Business
Budget Request – Flood and Erosion Control Board 2010-2011 Town Budget
Steve Ross reviewed the FEC Board budget with the members and asked if they thought that we should include a small amount ($100) for making copies.  Gary Smith asked if we should also add a line item if we were to request funding for the beach project.  Steve Ross will ask Nicole Stajduhar (Town Finance Director) about these two items.  
Roger's Lake – DEP Report and Potential Areas of Concern
Todd Machnik stated that he was not prepared to report to the Board at this time.  He asked to table this matter to a future meeting.  Bob Chapman mentioned the problem with the weeds in the lake, and Steve stated that this problem did not fall under the FECB.  
Steve noted that Roger's Lake had been lowered, and now would be a good time to inspect the dam with regard to flooding and erosion problems.  Bob Chapman stated that there is a problem with water running down into the streets from the hills.  The streets flood and property owners have problems with water in their basements and yards.  Todd Machnik felt that the drainage system in the roads was old and sub-standard.  Bob said he had discussed this with State Representative Marilyn Giuliano but no action has taken place. Steve suggested that Bob contact Rep. Giuliano again because she is usually responsive & persistent.
6. Our next meeting will be on Tuesday, February 16, at 5:00 PM, town hall, second floor meeting room.  
7. Adjournment
Gary Smith moved, Todd Machnik seconded, to adjourn the meeting at 5:40 PM.

Respectfully Submitted,

Mary Ellen Garbarino
Old Lyme Flood & Erosion Control Board

Guests                                          Association
Joe Wren, PE                                    Indigo Land Design
David E. Wheeler                                Owner, OLBA
Steve Andrejewski                               WMC Engineering
Thomas Lally                                    Owner, OLSBA
Nicolle Burnham                         Milone and MacBroom, Inc.
David Annino                                    Annino Survey, LLC

52 Lyme St, Old Lyme, CT 06371  (860) 434-1605

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