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WPCA Minutes 02/28/2008

APPROVED




OLD LYME WATER POLLUTION CONTROL AUTHORITY
SPECIAL MEETING
THURSDAY, February 28, 2008


The Old Lyme Water Pollution Control Authority met on Thursday, February 28, 2008 at 7:30 p.m. at the Church of Christ the King Parish Center.  Those present and voting were Tom Risom (Chairman), George James, Dimitry Tolchinsky, Mike Dickey, Mervin Roberts and Aimee Eberly.  Also present was Ron Rose, Sanitarian.

Chairman Risom called the meeting to order at 7:33 p.m.

Chairman’s Report

Chairman Risom noted that although Ms. Grogan is not present this evening, she sent a current year’s budget.  He indicated that the WPCA has not been approached by the finance committee to submit their ’08-’09 budget.  Chairman Risom noted that the current budget shows supplies being over budget.  He noted that for some reason $380.00 worth of printing was charged against supplies when it should be in the printing line item.

Chairman Risom stated that Bob Scully called him a few weeks ago and indicated that if the Town does not go to a full-time Sanitarian and only accept 100 percent compliance for all reviews and enforcement, he would not be able to tell the State that it would not be more prudent for a regional health district to take over in Old Lyme.  He stated that the State is skeptical about Old Lyme’s enforcement and reviews and if it is not addressed, Old Lyme will have to join a Health District.

Mr. Rose stated that Old Lyme is in compliance with the State.  He noted that the unfortunate thing is that the State will eventually mandate that all Towns belong to a Health District.  Mr. Rose stated that Mr. Scully was here earlier in the week and he did not get the same message as Mr. Risom.  Ms. Eberly noted that the Town of Essex has put a full-time Director of Health in their budget.  She noted that this person will oversee the Sanitarian, direct emergency preparedness, sign legal orders, work with the WPCA and be present when any incidents occur.  Mr. Rose stated that all this is being done already in Old Lyme.  Ms. Eberly stated that Towns need a full-time Director of Health.  She noted that the Director of Health would follow cases of Salmonella.  Mr. Rose indicated that the State follows-up on them because they want to be involved.  Ms. Eberly stated that the State is a resource but they should not be doing it.  She indicated that this work is why Old Lyme pays a Director of Health.  Mr. Rose indicated that there have not been any cases of Salmonella in Old Lyme.  He noted that the doctors don’t report it.  Ms. Eberly stated that they are mandated to and it should be happening.

Mr. Risom questioned what Mr. Sikand does for Old Lyme as the Director of Health.  Mr. Rose indicated that he signs all Orders.

Chairman Risom noted that Mr. Scully was down earlier in the week to discuss 104 Hillcrest and he was hoping that at that time he would have discussed his other concerns with Dr. Sikand and Mr. Rose.  He explained that 104 Hillcrest is a project in Point ‘O Woods which was referred to Office of Long Island Sound Programs because it was a Coastal Site Plan Application.  Chairman Risom explained that Marcy Balint questioned the validity of the septic system designed by Gary Sharpe and approved by Mr. Rose.  He indicated that Mr. Rose indicated that he did not approve the system.  Chairman Risom stated that the Zoning Commission cannot hold back their approval based on health issues.  He noted that the Zonng Commission asked their engineer, Tom Metcalf, to review the septic system and a flurry of letters ensued between Bob Scully, Ron Rose, and Dr. Sikand.  Chairman Risom stated that it was widely believed that the septic plan was approved and the demolition of the residence took place based on that approval.  He noted that the existing house nearly doubled in size and went from seasonal to year round.  Mr. Rose stated that the homeowner was warned not to tear down the house.  He acknowledged that a demolition permit was issued, but indicated that he told them to wait until all the approvals were in place before they took the structure down.  Ms. Eberly questioned whether they are aware that they cannot get a code-compliant septic.  Mr. Rose stated that the plan is based on the Frank Schaub letter of 1999.  He indicated that Mr. Schaub’s letter regarding 104 Hillcrest was discussed at the meeting with Mr. Scully this week.  Mr. Rose stated that it all comes down to a difference in opinion.  He noted that the unfortunate part is that the house is already torn down.  

Mr. Rose explained that the controversial part is the change of use from seasonal to year round.  Ms. Eberly stated that going from seasonal to year round would require a code compliant system.  Mr. Rose indicated that that is not necessarily so because of Frank Schaub’s 1999 letter.  Ms. Eberly questioned why the Health Department would not require them to come into full compliance.  She noted that he wouldn’t let some one build a house to 1950 Building Code.  Mr. Rose indicated that he would not let some one use code from 1950 and noted that the letter is from 1999.  Ms. Eberly agreed that a lot has happened since 1999 and people should be held to the current code.  Mr. Rose indicated that according to Bob Scully this 1999 letter is still in effect.

Mr. Rose pointed out that the last three problems he has had have been either on Hartford Avenue or in Point ‘O Woods.  Mr. Risom noted that Mr. Rose is on the books full time but not present in Old Lyme full time.  He questioned whether between he and Mr. Flower there is probably only the equivalent of one full time person.  

Chairman Risom asked Mr. Rose to call Bob Scully and tell him what he has said here this evening and discuss what needs to be done to avoid a health district mandate.

Chairman Risom indicated that he has heard that Mr. Rose is not in Town enough to effectively do his job.  Ms. Eberly questioned whether Mr. Rose had set hours in Old Lyme.  Mr. Rose replied that he did not, but the office is open and Ms. Swaney is present.  

Chairman Risom indicated that much of the problem is the turf war between Zoning and Health.  He indicated that this problem should be addressed.  Mr. Dimitry stated that he thinks Mr. Rose is doing a good job and that the other people should be doing their jobs.

Chairman Risom stated that he received a letter from the school board which basically stated that what the WPCA indicated is correct and so what, it’s been five years.  He noted that John Rhodes indicated at the school board meeting where the WPCA’s letter was discussed that everything in the letter was correct.  Ms. Eberly questioned what agency reviews the performance results of the school’s system.  Chairman Risom indicated that the WPCA does not, although he does not know who does get the results.  Ms. Eberly and Mr. Rose indicated that the WPCA should because the last results DEP has are from August 2006.  Chairman Risom indicated that he would call John Rhodes to see if the reports are being sent.

Mr. James stated that the school’s system was designed for 16,000 gallons per day, which is over-designed.  He noted that because of this they have doubled or tripled the sand filter to the cost of $9,000.00 and it is ready to be removed again now after only five years.  Mr. Risom stated that he remembers a meeting where they discussed the gallons per student per day and the figure of 150 gallons came from a school were they used dishes in the cafeteria that were washed twice per day and the athletics all take showers.  He noted that the showers in Old Lyme were removed from the locker rooms and paper goods are used in the cafeteria.  Mr. Risom stated that it was noted that the gallons per day per student would be much lower than 150 gallons per day.

Mr. James stated that he read a report that indicated that the leaching field has a life.  Chairman Risom questioned whether the WPCA has a responsibility to ensure that the system is being maintained.  Mr. Rose stated that the operator of the system is supposed to maintain the system properly, along with the responsibility of sending the reports to the State.  He noted that he has received a report just recently which leads him to believe the State should be receiving them.

Mr. Rose indicated that there is a property owner in Town that would like to put a restaurant on his property which requires a new well.  He explained that the State approved the location of the well and it was put in.  Mr. Rose noted that there is an oil tank in the basement which is within 75’ of the well.  He indicated that several ways of handling it have been suggested and it has been three weeks with no response from the State.  Chairman Risom questioned the engineer on the project.  Mr. Rose noted that it was Angus McDonald.

Mr. James stated that there is documentation on the WPCA consistent and repeated effort to get the school to reconsider the Xenon system and consider a less costly system.  He explained that the “Get the Facts” group believes that the District should be dissolved because there is a complete lack of faith based on their refusal to listen to the WPCA and investigate.  Chairman Risom stated that the lack of faith in the school board was reflected in the election.  

Chairman Risom stated that the school should be building toward a capitol fund to replace the leaching field or the membranes.  He noted that some one should be made aware that this work is upcoming.  Ms. Eberly stated that the permit is not up until 2013.  She indicated that she was told that it is too soon to be replacing the filters.

Chairman Risom stated that they have hired Jacobsen to do the permit renewal for the transfer facility.  He stated that he had a full tour of the facility and that Gary Yuknat is going amazing things there.  Chairman Risom urged the Commission members to take a tour.

Chairman Risom stated that the Inland Wetlands Commission has noted that Point ‘O Woods has submitted an application to install their pipes.  He indicated that he is not sure of the status.  Mr. Tolchinsky stated that he attended the last meeting and the project was approved with eight conditions.  Mr. Roberts noted that the majority of the Point ‘O Woods Board Members are against putting in sewers and their WPCA is in favor of it.

Mr. Tolchinsky stated that he would like to attend a three day Northeast Onsite Wastewater Treatment Short Course and Exhibition in Rhode Island and the cost is $295.00 plus $125.00 for transportation.  A motion was made by Mr. Tolchinsky, seconded by Mervin Roberts and voted unanimously to appropriate $450.00 for Mr. Tolchinsky to attend this conference.

Mr. Dickey indicated that he is almost ready to put the regulations on the Town website.

Mr. Rose distributed his monthly reports.

Mr. James stated that there is a public education requirement under the pollution abatement order.  He suggested that something should be put out this year.  Mr. James stated that this should be an action item.

Ms. Eberly stated that the State is considering a two year moratorium on all AT systems because of failures around the State, including the Griswold Airport.  She noted that they are also considering an Ordinance requiring the removal of steel tanks and cesspools within five years.  She noted that they are also considering training for Sanitarians and perhaps holding them to certain standards such as CEU’s.  Chairman Risom stated that Old Lyme will be going after cesspools within a year or so.



A motion was made by Mervin Roberts, seconded by Aimee Eberly and voted unanimously to adjourn at 9:28 p.m.

Respectfully submitted,



Susan J. Bartlett
Recording Secretary