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WPCA Minutes 07/14/2015
Town of Old Lyme
Water Pollution Control Authority
Old Lyme Town Hall Main Floor Meeting Room
Regular Meeting
July 14th 2015

Members Present:  Chairman Kurt Zemba, Vice Chairman Rich Prendergast, Doug Wilkinson, Ernest Lorda, Dimitri Tolchinski, Donna Bednar, Rob McCarthy

Members Absent:  Andrea Lombard (excused), Frank Chan (excused)

Also in attendance:  WPCA Attorney Andrew Lord, Engineering Consultant David Prickett, Sanitarian John Sieviec, Selectwoman Mary Jo Nosal (in audience), Board of Finance Chairman Andrew L. Russell (in audience)

  • Meeting was called to order at 7:30pm
  • Introduction of Donna Glaras, New WPCA Clerk
  • Motion to accept Donna Glaras as the new WPCA Clerk made by Vice Chairman Prendergast, seconded by Donna Bednar.  Motion passed.
  • Approval of Minutes – 06/09/2015
  • Motion to approve minutes of the 06/09/2015 meeting made by Ernest Lorda, seconded by Doug Wilkinson.  No corrections were made.  Motion passed
  • Correspondence
  • Chairman Zemba read a letter from Doug Whalen, Chairman of the Old Colony Beach Association, making a public request to the town of Old Lyme and the WPCA.  Letter states, Old Colony Beach Club, Old Lyme Shores, & Miami Beach have committed to clean up Long Island Sound, and want to proceed with the clean wastewater project that has been approved by the DEEP.  They ask:  Will the town proceed with the order to install sewers flowing to New London, and have them installed by October 2018?  And, if the town of Old Lyme decides to delay the implementation, will the town allow Old Colony Beach Club, Old Lyme Shores, & Miami Beach to proceed with the clean water program on their own?  Chairman Zemba replied that more information is required, and once they get that information, they can make a decision of whether or not to implement the plan.
  • Chairman Zemba asked Attorney Lord to expand upon this.  Attorney Lord stated that DEEP reports as recent as Dec 2014 identify several areas that a pollution problem is known to exist, or is presumed to exist, or cannot be addressed with traditional systems.  Also, stated that DEEP has issued an order that WPCA has 30 days to hire an engineering consultant to complete the study, and requires the town to perform an environmental impact evaluation (EIE), which is part of the CEPA (Connecticut Environmental Protection Act) process. He states all projects using state funds need to go through this process to ensure that state funds aren’t being used to damage the environment.  The CEPA process has been initiated, and the public can post comments on DEEP website.  He states, the most significant requirement of the order is to finalize the plan, the final report needs to include a schedule for the implementation of the collection system along shoreline communities that connects to East Lyme Sanitary Sewer ultimately for the treatment & disposal at the New London wastewater treatment plan.  DEEP requires WPCA to submit this schedule no later than Oct 31st 2018.  Not an order to implement a solution, but to complete a plan to implement a solution.  Attorney Lord then expects DEEP to follow-up, requiring the town to implement the solution as outlined in the report, & according to the schedule prepared.  Lord suggest that it would be tough to appeal the town reports that the DEEP agrees with, but believes there is room to negotiate on compliance schedules.  
  • Engineering Consultant Dave Prickett expanded upon the DEEP administrative order.  DEEP agrees with proposed project area, and the commissioner concurred with the need for an alternative to the current septic systems, and the WPCA recommended alternative.  
  • Chairman Zemba Overviewed:  
  • WPCA followed 1 recommendation to abandon the local solution because they believed that the compliance cost for that plan would be less.  The regional solution is approximated at $148,000 (WPCA attorney fees, informing public, responding to the DEEP, providing selectmen with information).  Board of Selectmen approved to do a Clean Water Fund Study, submit a plan, and provide required information that the state needed pursuant to the plan.  Contract was signed by Board of Selectmen.  Compliance costs are responsible to the town, because they agreed to the plan.  Dave Prickett estimates total project cost $40 million, not including matching funds, town looking at $15 million bill.  
  • Zemba noted the need for better communication with the public, Board of Selectmen, and Board of Finance.  Last week Board of Selectmen meeting, WPCA was discussed, discussed removal of WPCA member, town attorney states removal of WPCA member can only be removed if it shows just cause, which there hasn’t been.  Zemba stated Board of Selectmen only discussed the wastewater management project for about 1 minute.  He stated the need to ask the town what they are going to do about this?  Options include:  compliance, non-compliance, doing nothing, or buying some more time to discuss.  Zemba asked Attorney Andrew Lord to discuss these options.
  • Attorney Andrew Lord stated:  We have a consultant on board, they’ve asked for specific information, we need a proposal for costs of additional work DEEP is asking for.  We need to tell the Board of Selectmen, we have looked at the order, we’ve evaluated the options, we have proposals from our consultants, this is what they think it's going to cost, this is the amount of time it’s going to take to do it, and this is what we think we should do.  Attorney Lord states that he does not think fighting the DEEP order would be effective.  They have beaches that are ready, willing and able to move forward with the sewer project that connects to East Lyme & New London, and they have a report that says they have a community pollution problem that can’t be resolved with onsite septic systems.  
  • Vice Chairman Rich Prendergast asked Dave Prickett, What does it take to get the EIE done? Dave responded, 1st we need to answer the questions, 2nd the preparation of the environmental impact study, 3rd taking the EIE and the responses to comment, and any public comment generated, and adding them to the final report.  We can’t predict public comment, and DEEP needs to address the public’s issues.  We can present the range of costs, costs responding to questions on the table likely less than $5,000, generating the EIE likely a $15,000 task.  Zemba asked to put that estimation in writing, and to find out the alternatives to not complying with the order.  Zemba commented that the CEPA process may be even more costly, and that we need to figure out where these funds are coming from.  
  • Dimitri Tolchinski, expresseed the importance of getting cost estimate from the DEEP, presenting to Board of Selectmen, and Board of Finance, before moving forward.
  • Vice Chairman Rich Prendergast asked for itemized bill for compliance to send to the Board of Selectmen, and CC the Board of Finance, by their meeting Tuesday July 21st.  
  • Chairman Kurt Zemba suggested that we want to buy some time so that the Board of Finance, and Board of Selectmen can digest the information, and would like the DEEP to give us an extention to the end of September to make a decision.  
  • Chairman Kurt Zemba asked Attorney Lord what happens if we do not comply?  Attorney Lord stated the problem will not disappear, but the deadline will not likely be strictly enforced, and that the DEEP can get an injunction from the court.  He stated, the town can appeal to the order, but not likely to be successful.  
  • Chairman Kurt Zemba requested from Attorney Lord a memo to First Selectwoman Bonnie Reemsnyder, (cc’ing Andy Russel Chairman of Board of Finance, and himself) outlining procedures that need to be taken, if the town decides to contest the order, before next Tuesday July 21st.
  • Vice Chairman Rich Prendergast stated that he met with the Board of Finance to improve relationships & define process issues.  Suggested we should formally notify Board of Selectmen, and Board of Finance of any changes to the WPCA’s account, and any unplanned expenses that occur. There needs to be more documentation, and WPCA should send 1 member to the Board of Finance meetings to provide public comment regarding misunderstandings/clarifications about the WPCA.     He suggested providing monthly expenses vs budget to the Board of Finance.  
  • Chairman Kurt Zemba stated expenses for the budget of the WPCA are reviewed by himself, and First Selectwoman Bonnie Reemsnyder, every month, sometimes twice a month, in detail
  • Vice Chairman Rich Prendergast stated that the Board of Finance suggested a change of leadership in the WPCA, Vice Chairman Prendergast states that he supports the current Chairman
  • Chairman Kurt Zemba stated essentially we are paying 3 things:  the WPCA engineer, the WPCA attorney, and the WPCA clerk, but acknowledges, we need to be better at communicating with Andy Russell, Chair of the Board of Finance.  
  • Member Dimitri Tolchinski stated we should not be creating invoices, if we do not have money to pay them.
  • Chairman Kurt Zemba answered the letter, the WPCA will always support the beaches proceeding should the town decide to delay or not implement the plan.  We will not interfere.  He acknowledged the fact that delays are costing the beach associations money, and states that, that needs to be taken to the Board of Selectmen.  WPCA will make more of an effort to communicate with the beaches.  
  • Member Doug Wilkinson spoke on Board of Finance’s opinion that the WPCA needs to change its’ leadership, that it’s an interesting opinion, but it is the WPCA’s decision who should be the leader.  
  • Member Ernest Lorda called for a vote to keep Chairman Kurt Zemba, seconded by member Doug Wilkinson.  Motion passed.
  • Chairman Kurt Zemba asked Attorney Andrew Lord to talk more about the CEPA process.  Andrew Lord stated that it is a process that is required when state funds are going to be used for a project, need to make sure environmental concerns are addressed properly, they will provide a public notice on the DEEP website, after the EIE is completed, it will be posted on the DEEP website, and the public will have 30 days to comment.  DEEP will consider public concern, and ask someone to address those concerns.   
  • Chairman Kurt Zemba addressed invoices from Attorney Lord from last fiscal year, as well as past invoices from Dave Prickett that couldn’t be paid, and invoices for current month.  
  • Chairman Kurt Zemba called for a motion to validate these invoices, and have them paid.  Zemba will attach these invoices to a letter to the first selectwoman, and cc Andy Russell.  He stated that compliance should not come out of WPCA budget.  
  • Member Doug Wilkinson stated that the old invoices need to be treated differently than the current invoice.  Board of Finance needs to appropriate additional funds so we can close out the invoice from last year.
  • Chairman Kurt Zemba stated that the only thing coming out of the current invoice is Attorney Lord’s current invoice, and the WPCA clerk’s cost of attending the meeting, and writing up the minutes.  Member Doug Wilkinson requests clean copy of invoice from Attorney Lord, to not cause confusion.  
  • Chairman Kurt Zemba called for a motion to validate the invoices and send on to the Board of Selectmen to be paid, copied to the Board of Finance
  • Member Doug Wilkinson moved to validate the 4 invoices from last year’s budget, send them to the Board of Selectmen, copy them to the Board of Finance, for funding and payment. Motion seconded by Dimitri Tolchinski.  No discussion, Motion passed.  
  • Chairman Kurt Zemba called for a motion to authorize payment to DPC Engineering for $465 for services this fiscal year from July 1st 2014- July 14th 2014.  Doug Wilkinson moved, seconded by Rich Prendergast.  No discussion, Motion passed.  
  • Chairman Kurt Zemba stated that the rate for a clerk is $75 per meeting, and $17/hour to type up the minutes.  Zemba called for a motion to authorize the Chairman to pay the clerk for attending the meetings, and preparing the minutes.  Moved by Donna Bednar, Seconded by Ernest Lorda.  No discussion, Motion passed.  
  • New Business – Town Health Dept. Review Report
  • John Sieviec, town sanitarian, stated he is half way through sanitary survey, checking catch basins, streams, any source of pollution, hope to finish by end of August, generate map by September, and put on the website for viewing.  Will take water samples from streams near septic systems to check bacteria count.  
  • Completed repairs on Hartford Avenue, failure of old Rutherford system.  
  • Beach concessions have good temperatures, and they are keeping things clean.  
  • Other New Business
  • Chairman Kurt Zemba asked Dave Pricket for numbers indicating the cost of compliance, the 2 finite numbers, and the best estimate with the CEPA component.  Once we get that we will send to the Board of Selectmen, asking them to start the process of determining what will be done pursuant to this order.  
  • Public Comment
  • Doug Whalen, Chairman Old Colony Beach Association
  • Wanted the Town of Old Lyme, and WPCA that has 2 other juristictions, Soundview and Hawks Nest to come on board, help clean up Long Island Sound, and move this project forward.  It would be cheaper to the end user if there were 5 beach communities coming in, and making 1 system, as opposed to 3.  Asked WPCA to promote this unity, and to move forward with the plan approved by the DEEP.
  • Frank Noe, Chairman Old Colony Beach Association WPCA
  • Property owner, purchased a property on Hartford Avenue, called the arcade/kiddie land, building needs attention, Hartford Avenue needs attention.  He can’t do anything with that property without sewers.  According to zoning, if this property were to burn down, he would have 1 year to rebuild, but if he tears down on his own, he is not allowed to rebuild at all.  He needs sewers to clean it up, clean up the street.  He urged the town to move forward with compliance.  
  • Sandy Garvin, Hawks Nest Beach
  • Property owner in Old Lyme, acknowledged that Old Colony Beach Association has had challenges with their septic systems, but Hawks Nest is not faced with same difficulties, and wants Old Colony Beach Association to proceed without Hawks Nest.  Hawks Nest is undertaking their own testing for pollution because they are not satisfied that there is a pollution problem in Hawks Nest, and will present their own findings.  They do not believe that sewers should be the only option for pollution that is not beachwide.  
  • Andy Russel, Board of Finance Chairman
  • Board of Finance has approved all financial requests that has come from the WPCA, the problem is, that the WPCA has overspent their budget, it went to town meeting, and the townspeople rejected that $148,000 request.  When you think you are going over budget, the request needs to go to the Board of Selectmen, by statute, and they need to bring it to the Board of Finance.  Here we are $148,000 knowing that your intention was to roll that money into a project, project didn’t happen, yet.  From a statute point of view WPCA has violated the statute with the state of CT that falls back on to the Board of Finance, and the Director of Finance.  Kurt Zemba responded that they will scan the communication and send to Andy Russell.  
  • Pete Garvin, Hawks Nest Beach
  • Questioned WPCA, if study went over budget by double, what is to prevent the $15 million sewer project, from doubling in cost?  
  • Scott Boulanger, Miami Beach Chairman
  • 3 beach associations already laid out concerns, he urged the WPCA and town to let beach association move forward with their sewer project.
  • Pete Garvin, Hawks Nest Beach
  • Wondered cost estimate of finishing study? Are they looking for more information, or just changing wording.
  •  Kurt Zemba responded that the finite items will total about $5,000, but the additional requests that could happen at the DEEP’s pleasure, pursuant to the CEPA process, could run into more money that we can’t define right now.  
  • Chairman Kurt Zemba stated for the record that WPCA was formed in Jan 2014, prior to that Old Lyme voted to do a clean water study, according to clean water funds rules, and accept clean water matching funds.  They obligated themselves to complete the study, to submit a plan, and provide information pursuant to the plan.  The $148,000 brought to the town, is not a vote from the WPCA, not a budget item, the contract with Woodard and Curran is with the selectmen of the town of Old Lyme, the clean water funds application compelling them to do that compliance was certified by the 1st Selectwoman, and the Board of Selectmen, and the town clerk.  That contract is signed by the selectmen.  Our job was merely to make a recommendation, as to who to engage, bring to a town meeting, and then the Board of Selectmen would sign their contract.  The $148,000 is an obligation to the Town of Old Lyme that falls on the Board of Selectmen.  Not a WPCA budget item.  
  • Member Dimitri Tolchinski asked Frank Noe the status with DEEP.  Noe stated that the 3 beaches are in agreement, and putting final draft together, to be submitted to DEEP, with approval, they will go back to East Lyme, and New London to re-negotiate terms.  
  • Adjournment
  • Motion to adjourn made by Rich Prendergast, seconded by Frank Lorda.  Motion passed unanimously.
  • Meeting adjourned at 10:13pm
Minutes submitted by:
Donna Glaras
7/16/2015