OLS 2021 Fall Meeting Sunday 9/19/2021

Old Lyme Middle School Auditorium

53 Lyme Street
Old Lyme, CT

 

Board of Governors and Association officers in attendance:  Matt Merritt (MM), Bryan Even(BE), Joanne Gilland (JG), MaryKate Reynolds (MKR), Tom Annulli (TA), Al Roy (AR), Cliff Winkel (CW), Kathi Stickley (KS), Jay Moynihan (JM),
Absent:Norm Yester (NY)
Member Guests: Approx. 70

________________________________________

Meeting Call to Order : 10:05 AM

Approval Minutes 6/19/21: TA/CW      (abstain JM and KS)

MM-Welcome – Introductions & Remarks

  1. YTD Budget ReviewMMreviewed and noted all was at or below budget
    (Refer to slide deck to be posted on the website www.oldlymeshores.org)
  2. WPCA UpdateAR

WPCA Officers– Al Roy assumed duties of chair and vice chair remains vacant.

Sewer project updates

Reviewed bidding activity history regarding the Shared Sewer Project (initial bids went out 5/19 and only 2 received; bid prices exceeded associations bonding capacity); Reasons for high bids were discusses in detail at the Spring Meeting as well as being available on the website.

The Shared Sewer Project is currently rebidding the project as three separate projects:Pump Station/Bioxide Station, Shoreline Trunk Sewer and Force Main.

Current Timeline of the Shared Infrastructure Project -(refer to the graphics on the slide for key bid dates): Important to note that when bids from each project have been received and evaluated  , there will be a pause to understand the cost and determine the viability.

Current Timeline of the OLSBA Internal Sewer Project-  Key Bid Dates: Advertisement: September 10, 2021•Bid Opening: October 14, 2021

Current Timeline of the OLSBA Internal Sewer Project-(refer to the slide for key bid dates):After bids come in, evaluations and Fuss & O’Neill recommendations , a pause will take place to review project viability.

Consolidated Timeline with Other Beaches:  Shared Project award recommendation comes in on 10/28/21 and OLS Internal Project award recommendation comes in on 10/19/21. Old Colony Beach award recommendation comes in on 10/07/21.  At the time of this meeting, Miami Beach is still  awaiting DEEP review so possible anticipation of award recommendation 11/05/21. Town of Old Lyme still undetermined.

There is an ongoing discussion / review regarding:

  • Potential for funding from grants.(We are in active discussions with US Senator Chris Murphy’s office, US Representative Joe Courtney’s office, and CT Representative Devin Carney’s office.)
  • Parallel Initiative: Alternative Compliance with DEEP Consent Order (scheduled monitoring, scheduled pumping, etc.)
  • Parallel Initiative: Determine Legal Exposures and Financial Obligations (if project does not go forward) or if one or more beach partners are unable to meet the requirements

JM-taking the lead on checking out the alternative scenarios.  State would say that we cannot just walk away from the consent. State may say that OLS did sign 2 consent orders and we may not be able to walk away.  Board will get an understanding of our legal agreements and see what is happening at other communities along the shoreline- ie. non-sewer solutions.  MMstated that JM and KS were taking the lead on reviewing potential alternatives to the “sewer solution”.

[The BOG believes that because of the results of the first bid “Shared Sewer Project” solicitation
(May, 2021) it would behoove the Association to review, consider and evaluate potential alternatives to a “sewer solution” (in case the bids‘ total greater than the Association’s appropriation).

Based on preliminary research JM believes that factors such as the following would influence the state and therefore possibly necessitate additional discussions with the state if the vendor responses to the current bid solicitations come in “too high”. ]

1. The protection of Long Island Sound and its water quality

2.  The conclusions and recommendations contained in the 2011 “Facilities Report” authorized by Fuss & O’Neill”

3.  OLSBA has signed two (2) Administrative Consent Orders (ACOs).

JM noted that OLSBA had worked in good faith relative to “sewer solution” with the state for mow more than a decade. He also noted that the state had not cited OLSBA for any pollution of Long Island Sound.  He noted that he understood that state officials were surprised at how high the “Shared Sewer Project” bids were in May, 2021.

The BOG is now in the process of trying to better understand the signed legal agreements and obligations. The BOG also plans to review what other shoreline communities are presently doing to address water quality issues.

 

AR– reviewed recent questions from the community.  (Refer to the website where the slide deck will be posted for these questions and more including  updated cost projections. )  Individual pullout is not an option. New legal firm will be employed to assist us consider new options.  Electrical, cable, phone and gas underground are not a viable addition to the project due to prohibitive costs that were determined and presented to the BOG in Oct 2019.

Association Members’ Q and A:

Mary Jane Plante 70 Sea Spray Rd:  Asked if there will be another meeting when the bids come in, and how will members be alerted?  Communication will be via mail chimp (email) and [posted on website] and probably a Zoom meeting.

Also asked if the community will have a say in how OLS will move forward?

MM– said Board will be guided by the terms and conditions in the referendum; possibility exists (in counsel’s opinion) that chopping in 3 bids may not bring in a more reasonable financial amount

Mark Phalon 77 Seaspray- Asked if  original bid included the  sewer storm drainage.

MM– said a part of the project that was approved by the referendum cannot be taken out.

Wendy ZIto- 43 Saltaire- Asked when bid comes in, what percent is put aside for changeovers?

AR said original opinion of cost from Fuss and O’Neil included a 5 % contingency- Realizes that would not satisfy us so we would not recommend to approve if too close- looking for a sizable amount as a buffer to cover changeovers.

Hope Regan -305 Sea Spray- We are obligated to solve the problem of the water. Have we thought of alternatives to meet that demand?

AR-is currently looking at alternatives.  DEEP does recognize good faith efforts to comply with the consent order.

Jack Reynolds (JR)- 41 Saltaire- Stated the Board has a difficult job to make the decisions of viability of project; encourages that the association president and association vp does not sign off but rather a more democratic way; encourages at the November zoom meeting to have comments at the beginning.

MM is sensitive to the escalating costs; believes that the decision will be shared with the association.

KS said when the bids come back, the WPCA and Board will review collectively and meet and make a recommendation to the association

Ann Conway (AC)- Billow Rd- Assuming that when the bids come back , will the spring meeting will be the time for the vote for and yes or a no?

AR– All decision points will be reviewed in November .  If bids come back under 9.7 M, there will be no vote to move forward (already voted at the referendum.  If exceeds 9.7, then it will be presented along with legal opinion with options moving forward.)

Jack Reyolds- Expressed his worry if amount comes in close under 9.7 and and we go forward, and we are still excessively high over 9.7.  Wants a vote where the association has a voice.

AR– knows that there has to be a sizable margin. Will provide an educated margin with engineers recommendation

 

Roger Zito- Saltaire- Are we taking into account that we owe F and O 1million dollars when we discuss margins?  In other words, if it  comes in under 9.7, will thati nclude 1.4 million and Fuss & O’Neill and attorneys fees?

AR– yes that is part of the 9.7- the bids have to come in underneath- all inclusive number

  1. Nominating Committee– Current and future openings
    TA– MM elected for the 4th year to stay on as leader. There will be openings for 4 governors (positions TA, MM, NY, BE)- Anyone interested should reach out to TA and BE.
  2. Website– AR
    Please look at the website (www.oldlymeshores.org) for minutes, notices, meeting agendas and contracts, etc
  3. Infrastructure/Safety Committee– BE- speed and safety complaints are generally received during the weekend when the roads are closed. Therefore, consideration for summer 2022 would be to open two streets with guards at opening; will impact traffic pattern and reduce traffic; will not impact guard hiring. This will need a vote at the Spring meeting.

Janet Roman- Sea Spray- asked of the efficacy of solar digital speed signs?

BE-feels that the digital display helps people notice but one has been damaged; The remaining sign has been moved to the open street. He would like to trim other areas in the budget and make further purchases a higher priority.

  1. Security Guards– TA- C. Bird did a great job as head guard.  Eating and drinking on beach is still a problem. Please remind guests and renters of this rule. Under budget for the year due to transferring guards from the upper road to the beach during the afternoon to have 3 guards on beach in the afternoon.  Looking to recruit additional guards 15 and up and minimum wage is the pay rate
  2. Beach – MM- expensive year for the cleanup;

George Finley (GF)- said it was a tough year for storms.  Deposited a lot of seaweed and shells  on the beach.He is happy with new cleaner.  He was thankful every kayak and boats were removed from the racks before the first major storm. Also thankful for beach goers for removing their trash. The raft will need all new lines for the next year-

Mary Ellen Phalon- Sea Spray Road- asked where are boats supposed to be stored? Types? Who enforces these rules?

MM– said the bylaws state storage of boats at the end of Sea Spray and Billow; motorboats are to be brought in and out of the water on Sea Spray.

Mark Phalon Sea Spray Rd- owns to the outside of the wall, association has the right of way, feels that this year there was a marina of boats; asked that boat owners bring them to Billow; does not have problem with Sea Spray boat owners using their wall for storage.

Janet Roman- if you live on Sea Spray end of beach, it is difficult to take a kayak to store on Billow.

MM– will try to address at the Spring meeting

Resident Sea Spray Rd- stated sand is so high to the [Sea Spray] sea wall and it brings the boats up very high in relation to the wall.  Have we thought about building a berm to hide the rocks and prevent trees from floating in?

GF– said that it will need to be checked with DEEP.

  1. Miscellaneous
    MM- said with the recent transfer of properties if there were any new homeowners present at the meeting? Also, directories still available at 56 Saltaire.

Motion made to adjourn the meeting at 11:27 AM TA/ AR

Minutes respectfully submitted by Joanne Gilland

Secretary, Old Lyme Shores Beach Association