Water Pollution Control Authority
Minutes
15 March 2018
In attendance: Chairman Prendergast, Vice-Chair Donna Bednar, Frank Chan, Dimitri Tolchinski, Sal Cancelliere, Rob McCarthy, Steve Cinami
Absent: Andrea Lombard, Doug Wilkinson, Joe Carpentino
Also in attendance were First Selectwoman Bonnie Reemsnyder and Peter Garvin, Hawks Nest Beach
Alternate Steve Cinami was named as full voting member in the absence of three regular members.
Chairman Prendergast called the meeting to order at 7:30 p.m.
Approval of the February 13, 2018 minutes
Motion by Steve Cinami to approve the minutes. Second by Frank Chan. .
Discussion: Chairman Prendergast requested correction of a name under Public Comment. The speaker was Rocco Todaro (not Cannero).
Motion to approve with correction carried unanimously.
Chairman’s Report
Chairman Prendergast said he shared a Chairman’s Report with members prior to the meeting in an effort to make the meeting more efficient. He reviewed the report.
- State of CT Department of Health, Drinking Water Funding Meeting
The Chairman and First Selectman Reemsnyder met with the CT Department of Health on March 1st 2018 to answer questions regarding all potential sewer projects in Old Lyme, (including the private beach associations' projects) and the application for partial funding of water upgrades. In attendance was representatives from CT water, Woodard & Curran, Fuss & O'Neil, OId Lyme Shores and various State of CT DEEP personnel. Some key learnings:
- State funding is "Not for profit" meaning it can't help a private company like say CT Water (which is a private company).
- The town would be a co-applicant with CT Water to get the funding, which is very possible and seems agreeable method to handle the "not for profit" part.
- CT Water has acknowledged plans to provide materials to upgrade the water systems where applicable in sewer areas, but is silent on paying for the labor. When this was brought up, everyone at the table stated this is normal business operation and how it worked with Point of Woods water upgrade years ago.
- DOT is planning to pave Rte 156 in 2019 which would be a great opportunity to coordinate with sewer plans which would save the costs of paving.
There was further discussion of the CT Water issue. Steve Cinami feels strongly that taxpayers should not be paying the costs of a project that will benefit a for profit company. He also questioned whether CT Water had been ordered to finish installing water pipe 20 years ago.
Donna Bednar echoed his concerns and questioned if an arrangement with CT Water might put the Town at risk of losing funding.
Chairman Prendergast agreed that he will pursue this matter with state officials.
- DEEP feedback on Draft Waste Water Plan review and Environmental Impact Evaluation
Carlos Esguerra is continuing his review of the EIE. Once his review is completed, the approval process, including time for public comment, should take approximately three months.
- Cooperation with Private Beach Association's WPCAs (PBA)
Rich Prendergast had discussions with First Selectwoman Reemsnyder to finalize the land lease edits and get confirmation from the private beach association WPCA representatives. This update is expected shortly and it will bring us one step closer to the town being ready to ask the town through a town meeting to accept the lease. Rich also copied the PBA on all of this.
One issue is the location of the pump house. PBAs asked if the WPCA wanted to partner if the pump house was on private land. Chairman Prendergast answered yes but made no commitments.
Budget Update and Expenses
Budget update and planning; Review of any new invoices acceptance
Treasurer Doug Wilkinson was not present at the meeting. Chairman Prendergast said he is unaware of any changes from the last update.
Correspondence
Chairman Prendergast shared correspondence with members prior to the meeting in an effort to make the meeting more efficient. He reviewed the correspondence.
An email was sent by Rocco Todaro to Chairman Prendergast and Carlos Esquerra of the DEEP, asking why Old Lyme is not considering sending waste to a planned Old Saybrook waste treatment facility. Mr. Todaro believes it would be less costly that using the New London facility because of distance. Chairman Prendergast replied that Old Saybrook’s waste treatment plant is not anticipated in the near future. Carlos Esquerra responded that Old Saybrook is not likely to include additional capacity in their facility, and that transporting waste across the Connecticut River would be cost prohibitive.
Old Business
Hawks Nest Draft water testing plan; Lab Quotes
Joe Carpentino is knowledgeable in this field and reviewed the results prior to the meeting. Members reviewed a spreadsheet comparing four lab quotes received. Two of the labs do not have the capability to do bacteriological analysis. A memo from Joe recommended eliminating those from consideration and members concurred.
Of the remaining two labs, only one does sample retrieval. Chairman Prendergast asked if Ledge Light Health District would consider handling the sample collection, and they said they might be willing to do so.
Members agreed to solicit a quote from a third lab: Eastern Analytical Labs. Rob McCarthy will follow up with EAL.
While Joe Carpentino expressed concern about chain of custody with the sample collection, Rob McCarthy was less concerned, stating that chain of custody safeguards are standard operating procedure for labs. Rob is more concerned with the labs’ sample collection methodology and said it is very important to know each lab’s procedure for picking up samples from monitoring wells.
Donna Bednar referenced different types of bacteria from different species, and said it is important to have more information about the actual testing to be performed. She will follow up with Joe Carpentino for more testing details.
When the WPCA selects their top choice for a lab and puts together their testing plan, they will need to submit it to the DEEP for funding approval. Woodard & Curran will handle the billing, but will not be involved in the testing.
Steve Cinami asked if members were willing to share testing details, once a decision has been reached, with Hawks Nest Beach representative(s). The consensus was that this would be a good idea. HNB will have a specific timeframe to review and provide input.
EDU Subcommittee evaluation of options update
Chairman Prendergast summarized three possible options for determining EDUs (equivalent dwelling units):
- All properties between 400 -1500 square feet are charged an equal amount; those smaller are not counted, those larger would pay more
- Determine a square foot average to use as a median and charge less or more according to the median
- Consider every building an EDU regardless of size
He thinks option 1 is the least complicated, with the majority paying the same amount.
Dimitri Tolchinski likes option 3 which does not take size into account. He explained that small properties with little or no land are the ones that cannot install/accommodate a conventional septic system.
Steve Cinami also spoke in favor of 1 structure = 1 EDU. He said the benefit assessment could be weighted but the EDU subcommittee supports determining EDUs in conformity with the WPCAs from the private beaches. He said the goal should be to divide the cost fairly.
Donna Bednar suggested looking at each option in terms of its impact on a representative sampling of small, medium, and large properties.
Chairman Prendergast will develop another model that can be discussed among the EDU subcommittee members.
New business
Letter to Zoning Board regarding Aquifer Protection
Chairman Prendergast consulted Attorney Andrew Lord before submitting a letter to the Zoning Commission expressing concern that the proposed text of new and proposed Aquifer Protection zoning (section 17) could potentially obstruct the sewer system projects being evaluated by the WPCA. Since the WPCA’s goal is to address ground water pollution, the proposed zoning regulations could work against aquifer protection. The letter asked the Commission to include language excluding municipal wastewater systems from the section.
Atty. Lord suggested asking the DEEP to address the proposed regulations; the DEEP had already done so.
Steve Cinami attended the Zoning Commission meeting and summarized the discussion that took place. He was told the WPCA had responded to the wrong version of the proposed regulations, but Chairman Prendergast said he used the version on the town website in early March. Steve asked the Commission for clarification on special permitting requirements which would impact the WPCA’s project, stating they cannot go to referendum without the necessary permits in place. He believes the Zoning Commission is amenable to considering the WPCA’s concerns.
Public Comment should remain open while the proposed regulations are under review. Steve Cinami and/or Chairman Prendergast will plan to attend the next Zoning Commission meeting.
2/14/18 email from Chairman
Dimitri Tolchinski took issue with comments in a 2/14 email from Chairman Prendergast to members. The chair’s email asked members to be efficient with questions and concerns at meetings and used Mr. Tolchinski as an example.
Mr. Tolchinski cited the potential for FOI violations, said the email was improperly sent to only two of the three Selectmen, and asked that it be included with these minutes (copied below).
Public Comment
Pete Garvin offered assistance in identifying locations for the test wells and expediting the process. He named three sites that will be problematic because the test wells would be too close to the septic systems.
Chairman Prendergast thanked him and took note of the three locations on West End Drive
Motion to adjourn by Donna Bednar. Second by Dimitri Tolchinski. The meeting was adjourned at 9:10pm.
Submitted by,
Catherine Frank
acting WPCA Clerk
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