Water Pollution Control Authority
Tuesday December 12, 2013
Minutes
Present: WPCA members Rich Prendergast, Rob McCarthy, Donna Bednar, Dimitri Tolchinski, Doug Wilkinson, Kurt Zemba; David Prickett of Woodard & Curran,
Ernest Lorda, Frank Chan, and Vice Chair Tom Risom joined the meeting in progress
Absent/excused: alternate Andrea Lombard
Selectman Skip Sibley, Selectwoman Mary Jo Nosal and two residents were in the audience
Call to Order
WPCA Chair Kurt Zemba called the meeting to order at 7:05pm. He noted that Alternate Andrea Lombard was excused from the meeting.
Approval of the Minutes – November 12, 2013
A motion was made by Doug Wilkinson, seconded by Rich Prendergast, to approve the minutes of the November 12 meeting. Motion passed.
Correspondence
None
Chairman’s Report –
Kurt confirmed that the January meeting date has been changed to Thursday, January 9, 2014.
The revised 2014 Meeting Schedule is attached to these Minutes.
Budget Update; Land Discussion
Kurt, Doug Wilkinson and First Selectwoman Bonnie Reemsnyder met with Attorney Andrew Lord to review requirements for the WPCA Budget for Fiscal Year 2015 (7/1/14 – 6/30/15), and to instruct him to draft Letters of Intent for land use agreements should the wastewater management project move forward.
The WPCA receives revenue from septic system pump out fees ($72,000 annually), and also has carryover funds available from previous years. Atty. Lord was asked to confirm that the Town’s budget format is consistent with the WPCA Ordinance. Cathy Frank was asked to send Atty. Lord a copy of the WPCA Ordinance. Atty. Lord will be sending letters of explanation as guidance for the WPCA.
Kurt and Doug will review the budget in January. Kurt clarified that the Wastewater Management Project budget is not contained in the WPCA budget; it is a separate entity under the Board of Selectmen.
There are two, possibly three, landowners with whom the WPCA will negotiate an easement and/or land use arrangement in exchange for tax abatement consideration or an agreement for connection to the wastewater treatment system.
An agreement in principle is in place with two of the landowners and other options are being reviewed. Kurt indicated that all tentative agreements are within the scope of the budget outlined by Woodard & Curran in the Wastewater Management Plan. Woodard & Curran have pointed out other potential funding opportunities for the Wastewater project. Additional funding could mean that the cost of the local option is significantly reduced.
Kurt passed around a copy of a recent Woodward & Curran newsletter describing projects in other towns and states, and asked Dave Prickett to forward additional copies for WPCA members.
Final Report Submission & Review
Dave Prickett of Woodard & Curran distributed bound copies of the Draft Coastal Wastewater Management Plan to be submitted to the DEEP for review. A link to an earlier version was previously provided to members.
The Plan will remain a “Draft” while it is under review by the DEEP and Dave explained that meetings with DEEP staff are likely before we receive a formal response. The DEEP may request additional data on specific sections of the Plan.
Kurt asked Dave to advise him and First Selectwoman Reemsnyder of specific DEEP feedback.
The DEEP leadership has indicated to the First Selectwoman that they want to know if any roadblocks are encountered.
Dave said Section 7 covers disposal and reuse and Section 8 contains the Final Plan. The Draft also contains an Executive Summary.
Doug asked for clarification on the estimates reported (e.g. “ 50% of shoreline septic systems are noncompliant”). Dave explained that estimates were derived from feedback from the WPCA and the Health Dept. Doug wants to be certain that all data and estimates presented in the Plan can be defended. Members concurred.
Donna asked if “nonconforming” is synonymous with “failing.” The answer was no, and members discussed the importance of language and terminology, both in the Draft Plan and at subsequent Public Presentations.
Members reiterated that the DEEP’s Consent Orders are proof that a problem exists and that they are beyond having to answer the question “is there pollution?” The question, they agreed, is not if we should do something, but what that something will be.
Members want to be able to offer a succinct explanation of why there is a problem, and discussed how to communicate that the shoreline septic problems are related to the density of the neighborhoods.
Members responded favorably to Donna’s statement that we are dealing with “antiquated systems that don’t operate at an efficiency that is needed for the density of the neighborhoods.”
Rich asked if there are costs included in the Draft Plan that the DEEP might disagree with and exclude. It was acknowledged that the impact on potential grand funding will remain unknown until after the DEEP’s review.
Kurt asked that any additional comments on the Draft Plan be submitted to Dave Prickett by Wednesday, December 18, so that Dave can finalize the Draft and submit it to the DEEP.
Groundwater Monitoring
Kurt deferred to Tom Risom for a discussion on groundwater monitoring precipitated by an invoice from Phoenix Labs for $4,000+. Tom described the WPCA’s longstanding practice of testing groundwater samples from multiple test wells twice annually in May and October.
Tom made a motion, seconded by Dimitri Tolchinski, to reduce the testing to once per year and to modify the WPCA’s agreement with Jacobson Engineering regarding the testing.
The change is likely to reduce the WPCA’s expenditures by $12,000. Dave Prickett noted that the DEEP may require some specific water testing when they review the Draft Plan.
Rich Prendergast asked if there was merit to eliminating the regular testing altogether and revisiting the issue periodically. Members agreed that the data collected could prove useful at a future date and the motion passed with a vote of 7-1; Rich Prendergast was opposed.
Sanitarian’s Report – Sonia Marino
Sonia Marino was not present, but her Sanitarian’s Report was distributed, and Kurt presented a question from Sonia about septic system pumping.
The Town’s Ordinance requires pumping every 7 years. Sonia’s office sent notices to 400 homeowners in need of pumping and 53 have since complied. She asks how the WPCA would like her to proceed.
Tom Risom noted that the WPCA report of year to date gallons pumped indicates that some homeowners must be using non-local haulers to pump their systems. That means there are actually fewer than 400 due to pump. He also believes the 400, or 25%, of homeowners is not necessarily a bad starting number.
The practice has been for a second notice to be sent as a reminder, and for a third which provides information about the enforcement process, including fee(s), and sets a deadline for compliance. After enforcement begins, homeowners can appeal to the WPCA Hearing Panel.
WPCA members would like to discuss the process, possible exceptions to the requirement, and fees at a future meeting: January or February. Kurt will ask for copies/samples of the letters from Sonia, and will ask Attorney Mike Wells to attend the meeting and advise the WPCA on the enforcement procedure.
Old Business
None
New Business
None
Public Comment
Selectwoman Nosal had additional questions for Dave Prickett about estimates used for potential long term development provided in the Draft Wastewater Management Plan. Dave noted that Town zoning regulations will help determine long term development. Kurt suggested a joint WPCA/Zoning Commission meeting to discuss the issue. Tom Risom asked that Dave Prickett plan to make a presentation at a Zoning meeting in the 2nd or 3rd quarter of 2014.
Steve Dix requested and was provided with a copy of the Draft Plan to review. He was asked to return the copy to the Selectman’s Office as soon as possible so it will be available for other members of the community.
A motion was made by Tom Risom, seconded by Ernest Lorda to adjourn. Meeting adjourned at 9:15pm.
Catherine Frank
December 13, 2013
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