SPECIAL MEETING OF THE BOARD OF SELECTMEN
Friday, July 10, 2009
10:00 A.M.
First Floor Conference Room, Town Hall
MINUTES
Present: First Selectman Michael A. Pace, Selectman William Peace, Town Attorney Michael Cronin, Deputy Chief Michael Spera, Treasurer Robert Fish, Bond Counsel Bruce Chudwick, Pavel Wilson, Chairman WPCA, Don Lucas, Attorney John Wertam and concerned citizens.
I. CALL TO ORDER - First Selectman Michael Pace called the meeting to order at 10:05 A.M.
II. PLEDGE OF ALLEGIANCE - First Selectman Michael Pace led those in attendance in reciting the Pledge of Allegiance.
III. BUSINESS BEFORE THE BOARD
A. Act on resolution pertaining to the Justice Assistance Grant (JAG).
First Selectman Michael A. Pace introduced Deputy Police Chief Michael Spera who reviewed the JAG Grant; $30,000 for an enhanced mobile command unit. Fifty percent received up front and the remaining fifty percent at the closing stages of the grant reimbursement process. This is federal stimulus money passed through the State.
THOMAS/PEACE
Motion to approve resolution and authorize Michael A. Spera, Deputy Police Chief to authorize to make, execute and approve on behalf of the Old Saybrook Police Department and the Town of Old Saybrook any/all contracts in respect to the 2009 JAG Grant Program.
MOTION CARRIED
B. Discuss and act on resolution in regard to Note and Loan Agreement for
borrowing funds pending tax receipts.
First Selectman Michael A. Pace introduced Treasurer, Robert Fish who noted
that the budget passed, however, the tax bills did not send out until the results
of the revaluation referendum and the fiscal year began July 1st. Tax Collector
Barry Maynard noted that the tax bills will be sent out by the end of July. First
Selectman Michael Pace stated that the resolution is to borrow up to seven
million dollars in the form of a promissory note.
PEACE/THOMAS
Motion to authorized First Selectman Michael A. Pace to sign Note and Loan Agreement for borrowing funds pending tax receipts.
MOTION CARRIED
C. Discuss and act on Water Pollution Control Authority’s recommendation for a Wastewater Management solution.
First Selectman Michael A. Pace introduced John Wertam of Shipman and Goodwin, legal counsel for the Water Pollution Control Authority (WPCA). Attorney Wertam stated that the Town is under order from the Department of Environmental Protection (DEP), for the better of 30 years, to fix the pollution problem in Old Saybrook. The present plan is to determine area(s) of pollution and develops a program to manage the wastewater onsite rather than a large treatment plant to discharge into the Connecticut River. An engineer’s report was developed and the Department of Public Health, Department of Environmental Protection and local Health Department reviewed and approved it. The treatment of the wastewater will result with the reduction of nitrogen. The Department of Public Health will identify lots for treatment. Many lots are compliant.
First Selectman Michael Pace noted that nitrogen reduction is an injection system, several thousands dollars vs. 20k. Alternative technologies (AT) cost is substantially lower. The ordinance and upgrade program standard is the technical standards of what needs to be built on each lot. Attorney Wertam noted that the town has the authority to approve AT systems. This is an 8 year phased program with an appeal process. First Selectman Michael Pace questioned Attorney Wertam, “if a property owner says that I have a different solution, can it be looked at through the appeals process?” Attorney Wertam noted that the solution will be looked at but maybe no money for it. Attorney Wertam stated that 86% of the lots will need nothing to little conventional upgrades. Attorney Wertam stated that there is a lot of misinformation out in the public. The D.E.P. has stated that Old Saybrook has one of the best websites, www.oswpca.org.
First Selectman Michael Pace introduced Town Attorney Michael Cronin to review the legal aspects. Attorney Cronin stated that there was a judgment entered in the 1990’s as enforceable today as 15-20 years ago; judgments govern us. The Town turned down, end of 1989, a proposal for a 3-town solution with discharge into the Connecticut River. The last time the town voted for a long term solution was 20 years ago. After a lengthy trial the court found on 12/7/94 that the original judgment found that was unquestionable that there is a pollution problem in Old Saybrook; initial statement by trial judge. Orders were made by the court to build a sewer plant with timetable and penalties. The Town was found to be in violation and appealed with Supreme Court. In May of 1996 the Supreme Court judgment, Keeney vs. Old Saybrook, was to build a plant with discharge into the3 Connecticut River as the Town was found responsible for pollution…..intentional or negligent. Articulation is
that “yes” Old Saybrook intentionally polluted its waters with its continuing conduct being aware of the pollution problems for years and failed to abate the nuisance. The Supreme court reviewed the articulation and all judges concurred that Old Saybrook intentionally polluted its ground waters. Stipulation for Judgment in February 1997 allowed Old Saybrook to do something other than a plant with discharge into the Connecticut River; with time limit, written approval report, structural alternative plan with penalty provisions. Submittal was made to arbitration. Implementing stipulation in December 2005 for on-site alternative. Old Saybrook must establish by ordinance a waste water management system. Attorney Cronin noted that if we say no, D.E.P., in a letter of March 2008 written by Betsey Wingfield, if the Town is unable to present an alternative plan to meet the criteria by July 2008, the matter will be referred to the Attorney general and the State would pursue
enforcement likely resulting in a wastewater treatment facility. The Town of Coventry constructed plants enforced under court order. The effect of a no vote to do nothing will have the result in a costly sewer treatment plant with discharge into the Connecticut river. First Selectman Michael Pace stated that it is extremely important to the Town’s dollar value of sewer treatment plant. Attorney Wertam noted that the Planning Commission supports the onsite solution to be consistent with the Town’s plan of conservation. First Selectman Michael pace stated that the ordinance is to approve the explanatory text documents and authorize expenditure.
PACE/PEACE
Motion to accept the recommendation of the Water Pollution Control Authority to approve the ordinance.
MOTION CARRIED
D. Discuss and act on resolution recommending an appropriation of $42,171,200
for the design and construction of Decentralized Wastewater Management
Systems within the Decentralized Wastewater Management District and a Bond
authorization in an amount not to exceed $42,171,200 to finance said
appropriation, and recommending that the town provide ongoing funding of
administrative costs for the systems as supported and recommended by the
Board of Finance.
Bruce Chudwick, Bond Counsel to the Town of Old Saybrook stated that the $42,171,200 appropriation is to provide ongoing funding of legal/administrative, systems construction related costs, program related costs, financing and bond costs. First Selectman Michael Pace noted that the Town is not going to bond the 42 million but that this is a pass-through as totals dollars to spend with a contingency of 20% as a safeguard. Bruce Chudwick noted that the appropriation is in place to authorize bonds to have enough borrowing authority and ability to get the project done. First Selectman Pace noted that specific to onsite solutions, monies may be available through the Clean Water Fund. Capitalize on the interest for the first 2-5 years still keeps under debt service. Small Cities grant monies available to eligible homeowners thus reducing the
burden to the property owner unless the home is sold. Mr. Wertam noted that the most expensive system is approximately $28,000, may be less. First Selectman Michael Pace stated that the sewer plant has a user fee, pollution insurance of 250,000 a year and the cost to the property owner skyrockets. Selectman William Peace agreed that not only would the cost be massive for a sewer plant but the environmental aspect to our community would make Old Saybrook different in a way that it invites to “build as high and wide”. Selectman Velma Thomas stated that the onsite solution is a wiser choice. A sewer plant will change
the character of Old Saybrook.
PEACE/THOMAS
Motion to approve resolution recommending an appropriation of $42,171,200
for the design and construction of Decentralized Wastewater Management
Systems within the Decentralized Wastewater Management District and a Bond
authorization in an amount not to exceed $42,171,200 to finance said
appropriation, and recommending that the town provide ongoing funding of
administrative costs for the systems as supported and recommended by the
Board of Finance.
MOTION CARRIED
E. Discuss and act of resolution to call a Special Town Meeting and Referendum
vote pertaining to Water Pollution Control Authority and the Wastewater
Management District.
PEACE/THOMAS
Motion to pass resolution to call Special Town Meeting on July 29, 2009 at the
Old Saybrook High School, 7:30 p.m. and a referendum on August 11, 2009 at
the Old Saybrook High School gymnasium, 6:00 AM – 8:00 PM. Absentee
ballots available in the Town Clerks Office and can be applied by mail.
MOTION CARRIED
F. Enter into Executive Session to discuss legal strategy and pending litigation.
PEACE/THOMAS
Motion to enter into Executive Session at 11:20 A.M.; First Selectman Michael A. Pace, Selectman William Peace, Selectman Velma Thomas, Town Attorney Michael Cronin and Bruce Chudwick.
MOTION CARRIED
Return to open session 11:50 A.M.
G. Discuss and act on legal actions concerning unauthorized use of town seal and
banner from registered website.
PEACE/THOMAS
Motion to have attorney’s proceed to investigate illegalities of misuse of the town seal and banner, issue of elections violations of materials distributed without a disclaimer through the Elections Division of the Secretary of State.
MOTION CARRIED
IV. ADJOURNMENT
PEACE/PACE
Motion to adjourn at 11:52 A.M.
MOTION CARRIED
Respectfully submitted
Georgiann Neri, Administrative Assistant
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