OLS BOG Meeting Monday 01/31/2022
Via Zoom
Board of Governors and Association officers in attendance: Matt Merritt (MM), Bryan Even (BE), Norm Yester (NY), Tom Annulli (TA), Joanne Gilland (JG), Jay Moynihan (JM), MaryKate Reynolds (MKR), Al Roy (AR), Kathi Stickley (KS)
Absent: Cliff Winkel
Member Guests: Approx. 28 via Zoom
________________________________________ Meeting Call to Order: 6:31 PM
Roll of Board and officers present (JM left at 7:30 pm)
MM opened the meeting stating the purpose of the meeting was to get everyone up to speed on the project and what has taken place in the last few months.
Guests: Attorneys Tim Corey (TC) and Ryan Hoyler (RH) from Hinckley Allen 1. Motion made and seconded for approval of minutes from BOG meeting
10/19/21: TA/JM
2. Budget Review -MM/NY
3. WPCA Update (Hinckley Allen) -TC, RH, AR
If more funds need to be raised as a condition from DEEP, we will need an association vote. (Anything above our approved amount at referendum.)
JM questioned 1702.82 cents expense carried from maintenance and repairs- NY said it was a repair to the assets of the beach; separately categorized due to the fact it is a repair and not a maintenance.
Discussion on the high costs and the economic feasibility of the project. Discussion on possibility of going to DEEP directly and renegotiate the grant money and/or seek a modification/extension of the consent decree.
Discussion of DEEP as the grant giving agency due to shared concerns. DEEP could also direct us to other agencies or party.
Questions were asked if components of the project could be taken out so that the number would fall under the referendum amount and meet the consent decree. Fuss & O’Neil engineers would have to determine the necessary components to meet the decree. However, the residents voted for including all components of the project, so removal of components would violate terms of the referendum.
Discussion of obligations of the association, our binding agreements that we are signators to and our partners in the project
Question regarding the New London agreement: OLSBA agreement to pay connection fee which is the amount payable in Sept 1, 2023 – is this binding even if still in this no action and information gathering stage?
Counsel stated if OLSBA is successful in finding more money, an extension to that date will be needed. OLSBA should be proactive and DEEP should be contacted for an extension as well as New London. If this is reversed and we determine the project is no longer economically feasible, we need to talk to New London and to DEEP proactively.
Questions were also asked about the 308 Gorton Avenue facility easement and its role if the project was determined to be no longer economically feasible.
Initial reaction is if there is nothing in the easement that counters this, theoretically it could be possible but it may not make sense in an engineering manner.
Discussion on task force for exploring possible alternatives and what would be a reasonable time frame to say that project is no longer economically feasible.
CWF interim funding agreement has been extended for 12 months. AR- update on WPCA
Note: The WPCA will provide a more detailed update at the first quarterly meeting on February 17. Meeting notices to follow soon. [See link to OLS website.]
Updated board regarding status of the project and the agreement with the other beach associations who have collectively agreed to delay the project so the availability of additional federal and/or state funding can be assessed to help the
group move forward. The State of CT has agreed to extend the Interim Funding Obligation, originally due this month, for an additional year
1st priority is to make it work at a more reasonable cost to our residents
Task force to develop potential project-related options to be presented to the board; id costs, risks and benefits
2022 meetings schedule to a quarterly meeting and supplemented with ad hoc meetings if necessary.
Scheduled quarterly meetings for 2022:
- ● Thursday, Feb 17, 2022 7:30 PM
- ● Thursday, May 19, 2022 7:30 PM
- ● Thursday, Aug 18, 2022 7:30 PM
- ● Thursday, Nov 17, 2022 7:30 PMAR read excerpts from a letter with questions/comments from KS who asked for further clarification on potential progression in the project.
AR- WPCA has been and continues to be focused on all of the requirements to make the project happen, dynamic changed when bids came in high, then questions on alternatives. With the WPCA focused on all things moving the project forward; prudent to separate out research of alternatives, not previously identified or considered, to comply with intent of consent order. KS and JM were tapped to take the lead on brainstorming, considering, and researching alternative compliance measures to satisfy DEEP whether it be mandatory upgrades to insufficient systems; agree to third party engineering reports; groundwater pollution monitoring; other solutions which could satisfy the intent of the DEEP consent order.
KS- costs added to the project, may be helpful to the amount of accumulating debt and liability per household. May want to start including an assessment in the annual bill. AR indicated the WPCA has communicated accrued project costs and individual financial obligations in the past but pledged to improve frequency and explanation of costs going forward.
Discussion on appropriating of funds and the need for the association to have separate legal counsel from the WPCA.
Discussion on where the other members of the shared project stand currently with their funding and commitment.
MM- letter going out to the bidders that we will not be awarding any bids.
4. BOG openings: MM wants each board member to come up with one or two members who would be appropriate to take the place of upcoming vacancies.
(Remaining topics will be addressed at a future meeting possibly at the end of February)
Open up to members of the association:
Mike Riggio asked for details of our political representatives who are engaged to help us find funding.
Mike Anderson commented if the legal opinion would be available for the association perusal.
Discussion ensued about if there should be a members-only section of the website
MM- would like to send out the memo from Hinkley Allen as an attachment to our members but will refer to legal counsel before doing so. Will check and send an update to the board.
Motion was made to forward topics 5-8 on the agenda to the next BOG meeting;AR/MKR
Motion was made to adjourn the meeting at 8:20 PM TA/MKR