OLD LYME WATER POLLUTION CONTROL COMMISSION
REGULAR MEETING
Thursday, January 21, 2010
The Old Lyme Water Pollution Control Commission held a Regular Meeting on Thursday, January 21, 2010, at 7:30 p.m. in Conference Room of Memorial Town Hall. Those present were Tom Risom, Chairman, Dimitry Tolchinsky, George James, Mike Dickey, Mervin Roberts and Keith Czarnecki. Also present was Ron Rose, Sanitarian and Ron Ochsner, Commission Counsel.
Chairman Risom called the Meeting to order at 7:37 p.m. Mr. Czarnecki and Mr. Tolchinsky were sworn-in by Mervin Roberts.
Regulation Modification Discussion
Chairman Risom noted that Attorney Ochsner is present to go over the work he has completed thus far in modifying the Regulations. He reminded the Commission that they asked Attorney Ochsner to review the Ordinances and Regulations, specifically in regards to enforcement and the sewers in Point ‘O Woods. Chairman Risom stated that they also asked Attorney Ochsner to clarify the requirements of the Ordinances and the Regulations, such as in regard to frequency of pump-outs.
Attorney Ochsner stated that the first task was to address the current Ordinance with respect to sewer avoidance. He indicated that it is a good Ordinance for the most part. Attorney Ochsner stated that he slightly revised the existing by adding some definitions and setting up a system whereby the systems that are failing or have failed can be identified. He distributed a redline copy of these changes. Attorney Ochsner stated that he would like everyone to take this home and provide their comments to him. He noted that this Ordinance would have to go back to Town Meeting. Chairman Risom noted that they are shooting for the May Town Meeting.
Attorney Ochsner stated that his next undertaking was to write sewer regulations. He noted that a large portion of what he worked on will not be applicable to most of the Town. Attorney Ochsner stated that given the authority granted to the WPCA by the Town Meeting and its mandate, it covers everything within on Lyme which includes Point ‘O Woods. He explained that he met with the Point ‘O Woods WPCA Counsel who has been putting together regulations for the Point ‘O Woods WPCA for regulating sewer use. Attorney Ochsner stated that he was informed that the sewers would be operational by the summer, ahead of schedule. He noted that to date they know of only 3 homes that won’t hook up and the assessment will be approximately $18,000.00 per home. Attorney Ochsner
stated that 90 to 95 of the residential units will operate with grinder pumps which is quite a few. He stated that the Authority plans to have extra grinder pumps on hand so that if there is a failure they can replace it immediately and take the old one out for repair.
Attorney Ochsner stated that he explained that the WPCA does not want a turf war with the Point ‘O Woods WPCA and wants the Regulations to be compatible. He stated that he wrote a preliminary draft, but will wait to see the final Regulation from Point ‘O Woods. Attorney Ochsner stated that he will continue to work with Attorney Church and will await a final copy of their Regulations, which should be within a month or two. Attorney Ochsner stated that Point ‘O Woods will also giving him maps.
Mr. Rose distributed the list of non-pumpers. Chairman Risom noted that there are two lists, one being those that have never pumped and the second list is of people who are coming into the end of their five-year period. He explained that the non-pumpers have all been notified by Ms. Swaney. Chairman Risom noted that there are notes on the sheet showing what response or resolution there may have been. Attorney Ochsner stated that if compliance is not reached the WPCA can create a Court action.
Attorney Ochsner questioned whether Mr. Dickey had a chance to look at the Carmody system that he had recommended. Mr. Dickey stated that it is $3,500.00 to purchase with a $299.00 monthly maintenance fee. Chairman Risom stated that 4,600 homes is not that hard to manage on a spreadsheet.
Chairman Risom stated that he would like Attorney Ochsner to verify that community systems and retaining an escrow for their maintenance is in the Regulations. He noted that there was one such development that was granted approval for a community system but the development never happened. He noted that there may be more new developments with the economy turning around.
Chairman Risom stated that he will email Attorney Ochsner’s Ordinance to all the Commission members and indicated that he would send it by regular mail to Mr. Roberts. He asked everyone to email their comments directly to him and Attorney Ochsner. Attorney Ochsner advised everyone to be careful of everything they put in an email.
Chairman Risom asked Attorney Ochsner to put an estimate together for budgeting purposes and include in that estimate the hours it will take to finish work on the Regulations and begin enforcement. He noted that this would be for the fiscal year 2010/2011, beginning July 1. The Commission thanked Attorney Ochsner for his time.
Chairman’s Report
Chairman Risom stated that he spoke with Ms. Grogan regarding next year’s budget. He noted that all commission are being encouraged to have a zero percent increase. Chairman Risom stated that Ms. Grogan has indicated that they are on budget for this year, with the remaining expenditures to be mainly spring testing.
Mr. James questioned whether the computer system is backed up. Ms. Bartlett indicated that she believes Charlie takes care of it for all the departments in the Town Hall but she will confirm.
Mr. Roberts questioned why Attorney Wells resigned. Chairman Risom explained that one of the issues that the Commission and Attorney Wells discussed was requiring that a B100A system be installed when converting to year round use. He indicated that Attorney Wells felt that there may be some conflict between Ron Rose and the WPCA and he should not represent both.
Mr. Rose stated that the Zoning Commission has been told multiple times to stay out of the Health Department and for some reason they cannot stay out of it. Chairman Risom stated that there are a few older cases that the Zoning Commission is still following, but he has not seen their Engineer comment on Health Department issues recently.
Election of Officers
Chairman Risom stated that he is no longer Chairman of the Zoning Commission. He explained that he has served as Chairman for several years. He indicated that he is happy to stay on as Chairman of WPCA or step aside if some one else is interested. Chairman Risom stated that the WPCA also needs a Vice Chairman that can attend more meetings and be more active. He suggested that Mr. Czarnecki be moved up to Regular Member and considered for Vice Chairman. The Commission agreed to ask Mr. Griswold to move Mr. Czarnecki up to Regular Member and table election of officers until that time.
Action on this item was tabled to the February 18, 2010 Regular Meeting on a motion by Mike Dickey; seconded by Dimitry Tolchinsky and voted unanimously.
Sanitarian’s Report
Mr. Rose distributed the monthly pump-out report.
Treasurer’s Report
Chairman Risom noted they are working on the 2010/2011 budget. He explained that he expects the WPCA to go over for the current year because of Attorney fees and once he has an estimate of this amount from Attorney Ochsner he will go to the Board of Finance for additional funding.
The meeting adjourned at 9:12 p.m. on a motion by Mervin Roberts; seconded by Mike Dickey and voted unanimously.
Respectfully Submitted,
Susan J. Bartlett
Recording Secretary
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