 |
Town of Old Lyme Water Pollution Control Authority
Meeting Hall
REGULAR MEETING
Tuesday April 14, 2015
Members present: Chairman Kurt Zemba, Doug Wilkinson, Dimitri Tolchinski, Ernest Lorda, Frank Chan, Rob McCarthy, Donna Bednar
Also present: First Selectwoman Bonnie Reemsnyder, Sanitarian John Sieviec, Attorney Andrew Lord, Consulting Engineer Dave Prickett
Absent: Vice Chair Richard Prendergast, Andrea Lombard
Public present: There were approximately 12 members of the public present, including Selectwoman Mary Jo Nosal, Selectman Skip Sibley, Lisa Clark, Rick Jones, Frank Pappalardo, Tim Griswold, Todd Machnik, John Flower, Jack Mut
1. Call to Order
- Chairman Zemba called the meeting to order at 7:37 pm.
2. Approval of the Minutes – March 10, 2015 Meeting
- Doug Wilkinson asked that references to himself as Secretary of the WPCA be removed. Motion to approve with corrections by Dimitri Tolchinski, seconded by Frank Chan. Motion passed.
3. Correspondence
- Chairman Zemba said two letters requesting appeals of the pumping ordinance have been received and will be covered under New Business.
- An e-mail from Vice Chairman Rich Prendergast was also received by members of the WPCA and will be entered into the record later in the agenda.
4. Chairman's Report
Vote of Current Liabilities
Update on Discussions Regarding Budget and Shortfall for Current Year
- Chairman Zemba reviewed the WPCA Budget. As previously discussed, both the Septage and Stormwater line items have been removed from the WPCA Budget and are now under the purview of the Selectmen. Septage expenditures to date total $93, 638, and revenue is at $73,796. The WPCA proposed budget for FY15/16 has been presented to the Boards of Selectmen and Finance, and is currently under review by the Board of Finance.
- With two months remaining in the current fiscal year, Chairman Zemba anticipates additional legal expenses of approximately $9,300, and engineering costs between $2,000 and $4,000. He expects to finish the fiscal year with a balance of $1,800. The most recent invoice from Atty. Andrew Lord was distributed to members. Rob McCarthy asked that future invoices show total hours billed. A motion to approve the invoice was made by Dimitri Tolchinski, seconded by Frank Chan. Motion passed.
- A spreadsheet detailing wastewater project expenditures to date was distributed to members. Chairman Zemba called members’ attention to columns listing Clean Water Fund (CWF) reimbursement approval, and the costs of complying with DEEP requests for additional data listed as Amendment #1 and Amendment #2. Additional anticipated project expenses if the project goes forward are also shown on the spreadsheet. Approved costs are eligible for 55% CWF reimbursement.
- Chairman Zemba said it is necessary to encumber costs recognized by the WPCA as legitimate expenses. Attorney Lord added that it is considered a generally accepted accounting procedure to recognize those costs as they occur. First Selectwoman Reemsnyder cautioned that some of the costs listed on the spreadsheet have already been paid and some have not yet been invoiced.
- Chairman Zemba requested a motion to encumber DEEP compliance costs from 12/3/14: $27,772.30, $5638.38, and from 12/16/14: $31,648.91. Motion made by Dimitri Tolchinski and Seconded by Doug Wilkinson. Motion passed.
- Doug Wilkinson noted that no invoice has been received for a $43,319 compliance cost listed as pending on the spreadsheet. He advised the WPCA to exercise caution in approving costs until a document is received. Chairman Zemba asked engineer Dave Prickett to request an invoice on that amount from Woodard & Curran. He will notify the Finance Director of the WPCA’s actions.
- Chairman Zemba recognized First Selectwoman Bonnie Reemsnyder to address the compliance costs. The First Selectwoman noted that the wastewater project is over budget due to unanticipated requests for additional data from the DEEP. She has shared the spreadsheet with the Board of Selectmen and Finance. She believes the request for additional funding to cover those additional costs must be brought to a Town Meeting before the end of the fiscal year. The Town Budget Meeting is scheduled for May 18 and it is possible the wastewater funding request could be added to that agenda. The First Selectwoman added that it is imperative to approve the additional compliance costs in order to complete the report and thus be eligible for 55% reimbursement through CWF.
- The total amount of additional funding required, estimated as $150,000, must be approved by the Town Meeting. Of that amount, $114,400 should be reimbursed and $35,000 will be the Town’s responsibility.
- Chairman Zemba expressed thanks to Attorney Lord, engineer Dave Prickett, and Woodard & Curran v.p. Jay Sheehan for making themselves available for questions from the Boards of Selectmen and Finance. He noted that Attorney Lord actually met with a Board of Finance member to answer specific questions.
By Laws Update
- Chairman Zemba said that Attorney Lord will undertake a review of the current WPCA Ordinance in the next fiscal year. The Ordinance dates to 1997, and the review will ascertain that it is in alignment with current State Statutes.
- Chairman Zemba said he has experience drafting ByLaws for other groups, and will draft two for member consideration. Bylaws must be approved by 2/3 of the membership. He recommends two Bylaws, one covering the WPCA accounting to be managed within the Town’s Finance Office, and one requiring regular reporting from the WPCA to the Board of Selectmen: quarterly or monthly if the First Selectman is not involved in WPCA meetings. He believes it is important to keep communication open between the WPCA and the Board of Selectmen.
- Doug Wilkinson expressed concern about a Bylaw relegating financial responsibility to the town Finance department. If the wastewater project goes forward, the WPCA may need to hire a subcontractor and may require a different approach to financial accountability. He wants to be certain that the language in a new Bylaw does not preclude the WPCA from doing the right thing in the future.
- Chairman Zemba reported that the Board of Finance expressed concern over lack of communication about the wastewater project from the WPCA. Going forward, he will:
- Send the minutes of all WPCA meetings to the Chair of the Board of Finance
- Add “Board of Finance Questions Opportunity” to all WPCA agendas
- Recognize for the minutes whenever a member of the Board of Finance is in attendance at a WPCA meeting
He believes it is important that town officials do not use their position(s) to undermine a process.
- Dimitri Tolchinski distributed copies of a letter the Town of Old Saybrook sent to residents to people in the audience. The letter had been shared with WPCA members by Ernest Lorda. Mr. Tolchinski said Old Saybrook had lost millions of dollars and three lawsuits trying to prevent the State from forcing sewers on the Town.
5. Pending WWM Project Facilities Plan
Engineering Update
- Chairman Zemba said Attorney Lord has communicated to DEEP officials Denise Ruzicka and Carlos Esquerra the Town’s intent to fulfill its responsibilities to seasonal residents in its response to any order received from the DEEP.
- Dave Prickett confirmed that the project has been on pause since January, and engineers are awaiting comments from the DEEP.
Communication: How Can we best educate & inform the public
- Chairman Zemba noted the WPCA’s obligation to keep the public informed and spoke of the need for clear and concise communication
Ordinance Update
Chairman Zemba asked to move Item 7: First Selectwoman’s Report up in the agenda. Members concurred
6. First Selectwoman's Comments
First Selectwoman Reemsnyder stated that she has been working hard to understand the DEEP approval process and Amendment costs, as well as the Clean Water Funds reimbursement process.
She has shared that information with the Boards of Selectmen and Finance, who have both expressed concern over unbudgeted wastewater project costs.
7. Town Health Department Review Report – Economic Model and Future Challenges; Sanitarian’s Report
- Sanitarian John Sieviec shared with the audience an excerpt from his investigation of the shoreline area with regard to the need for sewers. The full report has been provided to the WPCA, and he will make a pdf of the full report available to the public upon request.
- Through his analysis, the Sanitarian has ascertained that there are pollution problems along the shoreline that would be best addressed with sewers as proposed in the wastewater plan. He noted that he does not believe sewers are needed elsewhere in town, including at Rogers Lake. He believes connecting to the New London treatment facility is more economically feasible than a local treatment plan, because the most expensive component is maintenance of a treatment plant.
At this point, Chairman Zemba asked that Vice Chair Prendergast’s email to members regarding the Sanitarian’s sewer need report be acknowledged in the minutes.
- Chairman Zemba said there is no plan to test immediately, but the WPCA will need to begin testing soon for sewer avoidance in other areas in town.
- In the interest of public education, Dimitri Tolchinski distributed several handouts, including a news article about Pine Grove sewers reducing nutrients in the Niantic River, to members and to the audience. He asked the audience to share the information with their neighbors.
- Ernest Lorda asked the Sanitarian to comment on the belief that a local wastewater approach was superior because it would not export water out of town. The Sanitarian said the water loss is not significant because the exported water is replenished from a different source. WPCA members disagreed about the significance of exporting water. Dave Prickett acknowledged that there are both quantity and quality considerations, based upon a highly complex formula. First Selectwoman Reemsnyder recounted that the DEEP did not consider loss of water a valid concern, but she agreed that a community system did address the concerns of people who wanted to keep water resources in town. She said the DEEP had also expressed concern that there would not be enough flow from Old Lyme in the regional system. Dave Prickett said the facilities
report included an engineering solution to that concern.
8. New Business
Requests for Waiver/Extension on Pumping Requirement
21 Flagler Avenue: request for unspecified extension
22 Nottingham Road: request for 2 year extension to November 2016
- Chairman Zemba distributed correspondence from two residences requesting extensions of the 7 year septic pumping requirement. The WPCA can vote to:
- Deny the request
- Grant an extension
- Request additional data on the septic system through an inspection
- A motion to honor the request from 21 Flagler Avenue was made by Dimitri Tolchinski and seconded by Ernest Lorda. Donna Bednar cautioned that the WPCA will be establishing precedent with their decisions. Frank Chan questioned the value and expense of requiring an inspection. Mr. Tolchinski amended his motion to approve a one year extension for pumping until June 2016. Mr. Lorda accepted the amendment. Motion passed.
- Noting the importance of consistency, Donna Bednar made a motion to approve a one year extension for 22 Nottingham until November 2015 which was seconded by Doug Wilkinson. Motion passed.
- Chairman Zemba will inform WPCA clerk Chris Seery that the WPCA would like to consider future requests for waivers or extensions as soon as possible once received.
BOF Questions Opportunity
- Chairman Zemba noted that no members of the Board of Finance were present.
9 Public Comment
- Jack Mut, White Sand Beach, stated that he would prefer sewers at White Sand, but that the cost estimates ($35,000 for sewers vs. $13,000 to $20,000 for new septic system) were prohibitive. He asked if the availability of public water through CT Water Company could be the answer to pollution problems at White Sand Beach. Sanitarian Sieviec said the Town will be meeting with CT Water Company to discuss future plans soon. Donna Bednar advised Mr. Mut not to mistake public water as a pollution solution. CT Water may keep you from contaminating your family, she said, but it will not prevent pollution to groundwater and the Sound
- Rick Jones, Hawks Nest Beach, asked about John Sieviec’s background and about Guilford’s experience with sewers. The Sanitarian worked for Guilford for 25 years and has a background in Public Health and in Geology. He said Guilford was able to avoid sewers, however the shoreline lots are considerably larger than in Old Lyme. Guilford lots are ½ to ¾ acre lots.
- Frank Pappalardo asked about the timeline for moving forward with the wastewater project.
Chairman Zemba said if the DEEP issues an order to proceed, the WPCA will ask the Board of Selectmen to move forward with bonding. The bonding process will include education and public meetings leading up to a vote, and the WPCA wants seasonal residents to be able to participate in the process. The consensus at the previous meeting was that any meetings or votes on bonding the wastewater project would be scheduled during the summer months. Depending on the timing of an order from DEEP, this could mean the summer of 2015, or the summer of 2016. He said the WPCA was making no assumptions in regard to the DEEP.
Motion made by Doug Wilkinson and seconded by Ernest Lorda to adjourn at 9:45pm.
Catherine Frank
4/15/15
| |
