REGULAR MEETING   Tuesday, FEBRUARY 26th, 2008

EAST LYME WATER & SEWER COMMISSION

MINUTES

The East Lyme Water & Sewer Commission held a Regular Meeting on Tuesday, February 26, 2008 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic CT. Acting Chairman McKirdy called the Regular Meeting to order at 7:11 PM after the previously scheduled Public Hearing.

PRESENT:                 Andrew McKirdy, Acting Chairman, Steve DiGiovanna, Roger Spencer, Joe Mingo, Dave Bond, Dave Murphy

ALSO PRESENT:       Attorney Edward O'Connell, Town Counsel

                                 Brad Kargl, Municipal Utility Engineer

                                 Andrew McKirdy, Ex-Officio & Deputy First Selectman

                                 Michael Giannattasio, Director of Public Works

ABSENT:                   Mary Cahill, Wayne Fraser, Dave Zoller

1.       Call to Order

Acting Chairman McKirdy called the meeting to order at 7:11 PM.

2.       Approval of Minutes

à    Regular Meeting Minutes – January 22, 2008

Mr. McKirdy called for discussion or any corrections to the Regular Meeting Minutes of January 22, 2008.

**MOTION (1)

Mr. DiGiovanna moved to approve the Regular Meeting Minutes of January 22, 2008 of the Water & Sewer Commission as presented.

Mr. Bond seconded the motion.

Vote:  4 – 0 – 2.  Motion passed.

Abstained:  Mr. Spencer, Mr. Murphy

3.       Delegations

Mr. McKirdy called for anyone who wished to speak under delegations.

There were no delegations.

4.       Consider Adoption of Proposed Supplemental Sewer Benefit Assessments – AHEPA, 267 Roxbury Road; 304-308 Main Street; and 12R Mohawk Trail

Mr. Kargl suggested that they move the items as they were presented – with AHEPA by itself and the 304-308 Main Street property and 12R Mohawk Trail property together.

**MOTION (2)

Mr. Mingo moved to adopt the Proposed Supplemental Assessment of Sewer Benefits for AHEPA 250-IV, Inc., 267 Roxbury Road, as outlined in the substitute resolution presented and identified for the record as Exhibit I. (Copy attached at end of Minutes)

Mr. DiGiovanna seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

**MOTION (3)

Mr. DiGiovanna moved to adopt the Supplemental Assessment of Sewer Benefits for the properties located at 304-308 Main Street and 12R Mohawk Trail as outlined in the Supplemental Sewer Assessment Resolution presented and identified for the record as Exhibit II. (Copy attached at end of Minutes)

Mr. Bond seconded the motion.

Mr. Murphy asked if there had been any discussion with the Mitchell Trust and if they had offered to pay their assessment off in full.

Mr. Kargl said that there had been conversation with the Mitchell Trust regarding the assessment however there was no offer of payment in full. They will pay this over time at the 5% interest rate.

Mr. Murphy asked if the rate is new.

Attorney O’Connell said that it is subject to the rate as set forth under the Supplemental Sewer Assessment Resolution.

Mr. McKirdy called for a vote on the motion.

Vote:  6 – 0 – 0.  Motion passed.

5.       Approval of Bills

¨       Amstar of Western New York, Inc. – Payment Application #1 - $435,296.40 (adjusted amount)

Mr. Kargl noted that the contract has been lowered by the $4,920.00 that had been previously discussed as the Town is not paying for weekend inspection costs which were outside of the scope of the contract. They are also holding the 2% retainage as there are some punch list items that need to be taken care of.

Mr. Bond asked what some of the punch list items were.

Mr. Kargl said that the curbing around the tank base had some paint on it that needs to be cleaned up, there is some landscaping that needs to be done and some painting on the man way. He said that the tank was activated on 2/14/08 and has been put back on line with the approval from the State.

**MOTION (4)

Mr. DiGiovanna moved to approve the payment of Application No. 1 to Amstar of Western New York, Inc. in the amount of $435,296.40.

Mr. Mingo seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

6.       Communications

à         See Correspondence Log

Mr. Mingo asked what the FOI request was about.

Attorney O’Connell said that he did not know however, they were entitled to the information that they were seeking.

7.       Darrow Pond – Water Update from Applicant

Mr. Kargl said that there are some people here representing Darrow Pond who will provide them with an update on the water testing that was done last fall on this property.

Attorney Theodore Harris said that Evan Glass from Environmental Corp. and Bruce Morton from Aqua Solutions would provide them with an update.

Evan Glass, Environmental Corp. said that they have been working on the water testing for this site since sometime in 2005 and that they were looking for wells that would provide upwards of 100 gpm. He pointed out the site on a map delineating the soil types noting that the area that they are looking in has rocks with cracks in them that allow for water to deposit there. They did a low frequency survey of the site, processed the data and came up with four (4) areas to potentially work with. As they would need a water diversion permit for this project, they had to apply to the DEP – which they did and they then conducted four pump tests with three of them being of 10 days or more in duration. One of the first tests came up with 223gpm. During this process they also monitored the wells of the people who live nearby and the nearby wetlands. The wetlands showed some draw-down so they decided to drill deeper (slip-lining).

(Note: 7:30 PM – Mr. Formica joined the meeting)

Mr. Glass said that they also monitored the Town’s wells even though they are in a different basin and are stratified wells rather than bedrock wells. This testing has had no impact on the Town’s wells. He said that they will be studying the data that they have collected over the next weeks.

Mr. Mingo asked if they monitored the Latimer Brook stream flow.

Bruce Morton of Aqua Solutions said yes. He noted that there was no impact.

Mr. Bond asked where they pumped the water to.

Mr. Glass said that they pumped it to the pond and that the pond is still high indicating that they were not pumping the same water.

Mr. Mingo asked how much water would be needed for the development.

Mr. Morton said that they would need 75 gallons per person per day which is the State average for the development build out. He noted that they had started pumping at 340 gpm but that was not sustained over the entire time. He also explained that the wetland plants also had already gone dormant during the time that they were running the tests as they were pumping in December so they were not sure of the correlation on that. Also, they were testing under the most severe drought conditions that they had seen in many years so data is affected by that. He explained that they placed a pezometer (which is a pipe) in the ground that measures the pressure and the amount of dirt and that this provides more information. He said that Mr. Glass’s tests show everything that is happening. They stopped monitoring on 1/7/08 and will pick up the project in March or April as they want to see what the wetlands do during the wet season. They monitored the streams all over, the culvert, tributaries and the pond and have been monitoring the water tables on the site for two (2) years now. A typical test for the diversion permit is five days however the DEP wants to see 10 days of testing data.

Mr. DiGiovanna asked how deep they drilled.

Mr. Morton said that they drilled 500’ to 600’ down. There appeared to be more water in the deeper strata.

Mr. Mingo commented that there are many wells of 700’ to 800’ in depth in East Lyme.

Mr. Glass said that the three higher yielding wells are drilled to 505’ in depth.

Mr. Bond asked about the water quality and what is in it.

Mr. Morton said that it has high iron and manganese, not unlike the Town’s water.

Mr. Murphy asked, at build out how many gallons the development would use per day.

Mr. Morton said that based upon the State figure of 75 gpd per person that an estimate would be 110,000. He added that this also includes some common area buildings that can be used by the residents and for outside events. He said that he felt that the State DPH will have to start giving credit for the water saving devices that people install with the low-flow shower heads and low flush toilets because there is a very real savings there and the State needs to recognize and give credit for it.

Mr. Formica asked Mr. Glass to speak to the reliability of the bedrock well.

Mr. Glass explained the sustainability of the wells and said that the tests run under conditions that would not occur normally as you would not run a well continuously. The Town’s wells are stratified and respond to the stream flows which fluctuate and the wells at Darrow Pond are bedrock. He said that they have a lot of data that they are still in the process of analyzing and would have in the future.

Mr. Giannattasio asked about the timing on having all of the data.

Mr. Morton said that he hopes that they will have it for the end of May.

Mr. Giannattasio asked about the timing on the permit.

Mr. Morton said that it might be possibly by years’ end. They will be testing again in early spring.

Mr. Formica thanked Attorney Harris, Mr. Glass and Mr. Morton for coming and providing them with an update on this project.

8.       Well 5 Diversion Permit Application/DEP Meeting Update – Recommended Actions

Mr. Formica said  that they had a copy of the February 7, 2008 Meeting Summary in their packets from the recent meeting with the DEP to discuss the permitting of Well 5 and other water supply issues. He said that this was a very productive meeting and that a lot of topics were covered.

Mr. Kargl explained that they had originally gone to talk about pumping Well 5 at a lower stream flow trigger however the DEP had some issues with the fisheries and it provided a good opportunity to discuss other future water supply issues. He noted that they stressed pursuing a regional interconnection alternative for water. This is also supported by the DPH and the Water Supply Plan. A Well 3B replacement well was also discussed noting that a diversion permit would not be required if the new well is within 250 feet of the original Well 3 which is a registered ‘grandfathered’ well. Well 3 was constructed in the 1970’s and has lost capacity over time and now pumps at around one-third of what it originally pumped. It was also noted that the DEP was generally in favor of re-permitting Well 6 for a higher withdrawal rate or at least the same rate without stream flow restrictions as long as it can be demonstrated that impacts to stream flows would be negligible. They are also generally in favor of drawing water from the Darrow Pond project at least in the short term to help out during the high draw couple of weeks in July. Treatment to remove the iron would need to be done and provisions made for this. It was also generally agreed that a joint meeting should be held with the DPH and DEP to discuss these matters further and to have everyone on the same page with respect to them.

Mr. Formica said that he felt that he would take the ‘gunshot’ approach and throw everything out so that it is all on the table and open for discussion and action. He said that he has also taken some steps to lobby the representatives for support on the regionalization plan and for monies to help with this type of massive project. He said that he met with Mr. Courtney recently and will give him at least three (3) key items to present to help move some of these projects forward and to try to secure some funding for.

Mr. Bond asked if Well 3 is worth the expense.

Mr. Kargl said that he thinks that there is some justification to it as it has just lost capacity.

Mr. Mingo noted that Ms. Ruzicka, the Director of IWRD indicated that March might be a good time for the joint meeting.

Mr. Kargl said that he would contact her and see what they can set up.

9.       Maguire Services Agreement Amendments

Mr. Kargl said that he provided them with the following four amendments in their packets.

¨             Amendment No. 16 – Chlorination Disinfection Treatment System

Mr. Kargl asked that they keep Amendment No. 16 moving forward as that is the chlorination program design memorandum. He said that they are also applying for low interest loans for this project. The DPH is fully behind this project and wants them moving forward on it. They will also have to approve the chlorination plan so they need to move forward.

Mr. Mingo suggested expediting this so that they will be working along with the regionalization plan.

Mr. DiGiovanna asked if they were satisfied with Maguire in light of the issues with the State.

Mr. Kargl said that he could say that staff is satisfied with them.

Attorney O’Connell said that they could move the design phase, Task 1 subject to the approval of the scope of work by the DPH.

**MOTION (5)

Mr. DiGiovanna moved to authorize the Chairman to sign the Amendment No. 16 the agreement authorizing Maguire Group Inc. to work on Amendment No. 16, Task 1 (Preliminary Design Phase Services) subject to the approval of the scope of work by the DPH.

Mr. Bond seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

¨             Amendment No. 17 – Well 1A Emergency Generator and VFD

Mr. Kargl said that this was for the stand by emergency generator and that they had also allowed for this in the bonding package from last May.

Mr. Giannattasio said that this is for the design and specifications of the equipment only.

**MOTION (6)

Mr. Mingo moved to authorize the Chairman to sign Amendment No. 17 the agreement with Maguire Group Inc. to work on Amendment No. 17, Task A-1 (Well 1A Emergency Stand-by Power Generator System) and Task A-2 (Well 1A Pump Motor Variable Frequency Drive) as outlined in the amendment.

Mr. Murphy seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

¨             Amendment No. 18 – Replacement Well 3B Siting and Permitting

Mr. Kargl said that this was a recommendation that came as a result of the recent meeting with the DPH and that it is also part of the bonding package of last May. He said that he has also applied for funds for this project.

**MOTION (7)

Mr. DiGiovanna moved to authorize the Chairman to sign Amendment No. 18 the agreement with Maguire Group Inc. to work on Amendment No. 18, Scope of Work – Technical Services – Replacement Well 3B Well Siting and Permitting Services as it reads in Appendix A – Scope of Work and Appendix B – Compensation ($13,500.00 lump sum amount).

Mr. Bond seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

¨             Amendment No. 19 – Emergency Interconnection Feasibility Study

Mr. Kargl said that this was also a part of the bonding package from last May.

Mr. Formica asked if the study includes both areas.

Mr. Kargl said yes.

**MOTION (8)

Mr. DiGiovanna moved to authorize the Chairman to sign Amendment No. 19 the agreement with Maguire Group Inc. to work on Amendment No. 19, Scope of Work – Technical Services – Emergency Interconnection Feasibility Study as it reads in Appendix A – Scope of Work and Appendix B – Compensation (not to exceed $20,000.00).

Mr. Bond seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

10.   Chairman’s Report

Mr. Formica said that he had already reported under other items on the agenda regarding the meeting with the DEP and DPH. He thanked Mr. McKirdy for conducting the Public Hearing and opening the meeting for him.

11.   Staff Updates

a.   Pine Grove Sewer Extension Project

Mr. Kargl reported that the system is operating and that connections are being made. They are holding a 2% retainage on Ludlow for spring work and waiting on the final invoice from Ludlow Construction.

b.   Boston Post Road Sewer Extension

Mr. Kargl reported that they have accepted the Boston Post Road pump stations and they have been turned over to the Town of East Lyme. The Orchards should not be that far behind.

c.   Orchard’s Subdivision

Mr. Kargl reported that this should be done soon.

d.   Boston Post Road Tank Painting Project

Mr. Kargl reported on this earlier under the billing.

e.   Crossley Court Sewer Extension

There was no further update. This is in progress.

f.   Saunders Point Sewer Extension

Mr. Kargl reported that they sent out the surveys with a map and that they are starting to get responses back. He said that he should have more information on this for them at the next meeting of the Commission.

g.    Darrow Pond Project

Mr. Kargl said that an update was presented on this earlier during the meeting.

h.   Walnut Hill Development

Attorney O’Connell said that this is being worked on.

i   Camp Rell Readiness Center

There was no report.

j.  Maguire Group Monthly Status Report

Mr. Kargl noted that this was in their packets.

k.   Water Department Monthly Report

There was no discussion.

l.   Sewer Department Monthly Report

There was no discussion.

m.  Regionalization Issues  

Mr. Formica noted that this was previously discussed and that they are pushing forward in discussion with Waterford and New London on this.

n.   Rates/Capital Improvement Plan

Mr. Giannattasio said that this would be coming forward next month.

o.   Prison Communications

There was no discussion.

p.   Other

There was none.

12.   Executive Session – Discussion of Point O’ Woods Sewers

Mr. Formica asked Attorney O’ Connell, Mr. Kargl and Mr. Giannattasio to remain for Executive Session.

**MOTION (9)

Attorney O’Connell moved that they enter into Executive Session at 8:57 PM for the purpose of discussion of Point O’ Woods Sewers.

Mr. DiGiovanna seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

**MOTION (10)

Mr. Mingo moved that they return to the Regular Meeting at 9:31 PM with no action taken in Executive Session on the discussion of Point O’ Woods Sewers.

Mr. Bond seconded the motion.

Vote: 6 – 0 – 0.  Motion passed.

13.   New Business

There was none.

14.   ADJOURNMENT

**MOTION (11)

Mr. DiGiovanna moved to adjourn the February 26, 2008 Regular Meeting of the East Lyme Water & Sewer Commission at 9:32 PM.

Mr. Mingo seconded the motion.

Vote:  6 – 0 – 0.  Motion passed.

Respectfully submitted,

Karen Zmitruk,

Recording Secretary