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WPCA Meeting Minutes 04/15/04

APPROVED




TOWN OF OLD LYME
WATER POLLUTION CONTROL AUTHORITY
REGULAR MEETING
THURSDAY, APRIL 15, 2004


The Old Lyme Water Pollution Control Authority met on Thursday, April 15, 2004 at 7:30 p.m. at the Old Lyme Memorial Town Hall.  Those present and voting were Tom Risom (Chairman), George James (Vice Chairman), Dimitri Tolchinski, Mike Dickey, Joseph O’Connor, Roger Breunig, Steve Dix and Mervin Roberts.  Also present were Ron Rose, Sanitarian, Doug Whalen, President of Old Colony Beach Association, Tim Griswold, First Selectman and Gary Yuknat, Shoreline Sanitation.

Chairman Risom called the meeting to order at 7:35 p.m.

Chairman’s Report

Chairman Risom asked Mr. Tolchinski to give the Commission an overview of the Sheffield Brook situation.  Mr. Tolchinski stated that the brook comes from Route 156 and goes through Old Colony Beach on private property.  He explained that the Association is trying to help with the problem and has requested to meet with the WPCA and Town officials to come to a joint resolution of the problem.  Mr. Tolchinski stated that the Association has purchased an undeveloped piece of property and they would like to reroute the brook so that it does not go through private properties.  He indicated that they have hired an engineer and will present a proposal.  Mr. Tolchinski stated that the most likely culprit is that septic systems are leaching to the brook.  He indicated that when the streets were repaved and dug approximately five years ago, there was raw sewage in the trenches.

Mr. Tolchinski stated that DEP approval is required to reroute the brook.  He noted that the whole process will take some time.  Mr. Tolchinski explained that when the brook discharges to the ocean the water appears clear and the children like to play in it.  He noted that this is a health concern.  Mr. James questioned whether this area could be fenced off.  Mr. Tolchinski stated that that should be done immediately.



Mr. Tolchinski explained the proposed route of Sheffield Brook.  Mr. Risom questioned whether the pipe is being changed from the north edge of Route 156 to pick up the existing pipe on Portland Avenue.  Mr. Tolchinski stated that they believe that will alleviate the problem.  He indicated that the homes in this area are on very small lots.  Mr. Tolchinski stated that the cost of the project would be approximately $100,000.00.  

Mandatory Pump-Out Cycle - Discussion

Mr. Risom stated that the Commission agreed to change the mandatory pump-out cycle from seven years to five years and the question is the mechanism by which this should be done.  He noted that the end of the seven-year cycle is June 18, 2004.  Mr. O’Connor stated that the issue is how to track the individuals, i.e., some people pumped the first year, some the second, etc.  He reported that there are only a little over 300 people who have not pumped according to Ron Rose.  Mr. O’Connor stated that that number appears to fluctuate.

Mr. James stated that they have advertised the seven-year pump out in the following ways:  Yearly newsletter, letter to all beach presidents, in January 2000 there was notification on the tax bills, postcards in August of 2003, and the Old Lyme Tymes in February 2004 contained a notice.  Mr. Risom stated that they need to set the ordinance to change the pump out period to five years.  He indicated that they do not need to send reminder cards or other notifications.

A motion was made by Joe O’Connor, seconded by Mervin Roberts and voted to change the Old Lyme WPCA Regulations to require that all septic tanks be pumped out not less than once in every five (5) year period.  This change shall be effective on June 19, 2004.  Motion carried 7:1, with Mr. James voting against.

Mr. Risom stated that he believes they should also go on record indicating that it is their intent to notify everyone that the pump out period has been changed from seven to five years and that monitoring will continue.  He indicated that at this time, the next step should be to send a certified/return receipt letter outlining the consequences.  He noted that the postage for this could run $1,700.00.  

The Commission read a letter Ron Rose drafted to the homeowners who have not pumped in the last seven years.   Mr. Risom stated that the date in the last line of the first paragraph should be changed to June 18, 2004.

Mr. Risom stated that it could be possible to collect the late fees through the tax collector by attaching the tax bill.  He indicated that the tax collector could take the failure to pump fee out of the tax payment first, with the end result being that the taxes are not paid in full.  Mr. Risom stated that he intends to get the letter out to the homeowners who have not pumped before the next meeting.



Committee Reports

Education

Mr. James stated that the new Conservation Commission is in force and active.  He explained that they are assessing all the water resources in Town.  Mr. James stated that the Open Space Committee is pursuing the 27 acres behind Cherrystones for multiple uses.  He indicated that these uses include a ballpark, a septic plant for the beach areas and a low-cost elderly housing development.  Mr. James stated that the Economic Development Commission has not commented on this proposal after several requests.

Mr. Risom asked all Commission members to give their email addresses to Sue Bartlett so that she may email them when a date is set for a meeting at Soile-Aire.

Regulations

Mr. O’Connor stated that he will make the change regarding the five year pump out cycle to the Regulations and get them to each Commission member by the next meeting.  He indicated that he will also have a sheet that shows a record of changes to the Regulations.

Mr. Bruenig stated that Gary Yuknat’s contract is almost complete.  Mr. Risom stated that he does not believe Mr. Griswold is aware that the contract is not signed.  Mr. Yuknat stated that he has an issue with the lease agreement with the corporation that owns the property.  He indicated that he does not want responsibility for removing everything if the Town abandons the lease.

Mr. Yuknat stated that they have installed a temporary fence at the Transfer Station.  Mr. Risom stated that he attended the budget meeting and noted that the budget increase for WPCA was thirty-five percent.  He explained that the First Selectman picks up all capital improvements.

Mr. Roberts stated that he wrote a follow-up letter to Ms. Stahle regarding the points awarded to Point O Woods.  He indicated that he questioned why she did not respond to Chairman Risom’s letter.  Mr. Roberts noted that Ms. Stahle did not respond to his letter either, so he then wrote Mr. Blumenthal.  He stated that three days later he received a letter from Ms. Stahle where she backed away on only one of the items.  Mr. Roberts stated that he then heard from Mr. Blumenthal who indicated that he would appreciate any documented evidence of fraud regarding the points awarded to Point O Woods.  Mr. Roberts stated that he then wrote Mr. Blumenthal reiterating the evidence lacking on the other points awarded.  He indicated that Mr. Herzig called him a few days later.  Mr. Roberts stated that it is important to realize that the DEP is an adversary who does not want the WPCA to succeed.



Sanitarian’s Report

Mr. Risom distributed Mr. Rose’s report.  He noted that the landfill closure and transition to a transfer facility was presented to the Zoning Commission.  Mr. Risom stated that he asked what it would take to include a groundwater well on the site.  He indicated that Ms. Brown has subsequently written a letter as the Wetlands Enforcement Officer, requesting groundwater testing.  Mr. Risom distributed this letter to the Commission members.

Mr. Rose stated that the Zoning Board of Appeals is putting restrictions on variances such as limiting the number of bedrooms because of septic.  He indicated that he may have to become involved in correcting this situation.

Sheffield Brook Pipe – Discussion

Mr. Tolchinski introduced Doug Whalen, President of Old Colony Beach Association.  Mr. Risom explained that testing has shown numbers in the area of 10,000 to 20,000 colonies of bacteria per 100 ml and the cut-off for swimming is 121 colonies.  He stated that it is suspected that the drainage system from the Chadwick/Victoria Lane area all the way to the Sound is picking up pollution from individual subsurface septic systems.  Mr. Risom stated that this year a block of money has been set aside to test these systems.

Mr. Whalen stated that the Old Colony Beach Association Board is trying to correct this situation.  He indicated that they would like to work in conjunction with the Town of Old Lyme.  Mr. Whalen stated that he has not received results of the Town test wells in the Old Colony Beach Association.  Mr. Risom suggested that he get these test results directly from Mr. Rose.  Mr. Whalen explained the proposed route of the brook.  He noted that Darcy Collins of Doane-Collins engineering is designing the system.  Mr. Whalen stated that they met with the Inland Wetlands Commission informally.

Mr. Whalen stated that most of Sheffield Brook is in Old Lyme Shores.  He stated that he is concerned about the health of the children that play near the end of the pipe.  Mr. Whalen stated that Old Colony Beach Association is actively trying to resolve the problem.  He noted that the Association does not want the beach to be closed.

Mr. Whalen stated that the next Association meeting is June 6, 2004 and he invited Mr. Rose and any WPCA member to attend.  He indicated that he would like the people in the community to hear the health concerns directly from Mr. Rose.  Mr. Risom stated that he will discuss the issue with Ms. Brown to get some direction from an Inland Wetlands perspective.





Approval of Minutes

A motion was made by Mervin Roberts, seconded by and voted unanimously to approve the Minutes of the March 18, 2004 Regular Meeting.

At 9:47 p.m. a motion to adjourn was made by Mervin Roberts and seconded by Dimitri Tolchinski; so voted unanimously.

Respectfully submitted,



Susan J. Bartlett
Clerk