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top EAST LYME WATER & SEWER COMMISSION
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Scrolling down or clicking the bookmarks will take you to all the submitted minutes for meetings held in May
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REGULAR MEETING Tuesday, MAY 27th, 2008 EAST LYME WATER & SEWER COMMISSION MINUTES
The East Lyme Water & Sewer Commission held a Regular Meeting on Tuesday, May 27, 2008 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic CT. Chairman Formica called the Regular Meeting to order at 7:02 PM.
PRESENT: Paul Formica, Chairman, Mary Cahill, Joe Mingo, Dave Bond, Dave Murphy, David Zoller, Steve DiGiovanna
ALSO PRESENT: Andrew McKirdy, Deputy First Selectman Attorney Edward O'Connell, Town Counsel Brad Kargl, Municipal Utility Engineer Michael Giannattasio, Director of Public Works
ABSENT: Roger Spencer
1. Call to Order Chairman Formica called the meeting to order at 7:02 PM and led the assembly in the Pledge of Allegiance.
2. Approval of Minutes à Regular Meeting Minutes – April 22, 2008 Mr. Formica called for discussion or any corrections to the Regular Meeting Minutes of April 22, 2008.
**MOTION (1) Mr. DiGiovanna moved to approve the Regular Meeting Minutes of April 22, 2008 of the Water & Sewer Commission as presented. Mr. Zoller seconded the motion. Vote: 5 – 0 – 2. Motion passed. Abstained: Mr. Formica, Ms. Cahill
3. Delegations Mr. Formica called for anyone who wished to speak under delegations.
There were no delegations.
4. Approval of Bills There were none.
5. Water Bill Adjustment Request ¨ Deerfield Village – Unit 150 Mr. Kargl explained that the ‘1 in 10’ policy does not allow staff to make decisions on non-owner occupied units and that this one is a rental. He then explained how this was calculated and that the excessive water usage was due to a faulty flapper in the toilet that was not reported by the resident.
Mr. Zoller asked who pays the water bill – the landlord or the tenant.
Mr. Mingo said that this is different from those that were done in the past as in the past, the water has gone outside – and this went down the sewer. He said that he feels that the landlord should get this $595 from the tenant as the ratepayers have to pay for this and it flies in the fact of anyone who would allow a toilet to run for so long and this is a tenant who is irresponsible. It should be the landlord who goes after the tenant for this bill. Mr. DiGiovanna said that the ‘1 in 10’ is very specific on ‘owner-occupied’ and this is not owner occupied.
Mr. Zoller said that they have done some adjustments outside of the regular ‘1 in 10’. Mr. Kargl noted that they have allowed some for plastic pipes however he could not recall any that they specifically allowed where a tenant was involved.
Mr. Mingo said that they have never given relief on sewer charges. Mr. Giannattasio said that the sewer charges are well within the Commission’s purview to deny adjustment on.
Mr. Murphy said that he agrees with Mr. Mingo regarding the sewer charges and that this is money that we are paying on the sewage and we have a limited amount with New London and we should not be paying just to waste it or for carelessness.
Mr. DiGiovanna said that it would be $852.57 if they did not adjust for the sewer usage.
Mr. Bond said that toilet maintenance is really a very petty maintenance item and that he personally would not give them anything back as it could have been easily fixed and not come to this.
The consensus of the Commission is that this would be a water adjustment only and no adjustment would be made for the sewer as the leaking toilet is a maintenance issue.
**MOTION (2) Mr. DiGiovanna moved to adjust the water bill for 10 King Arthur Drive, Unit 150 from $1,018.08 to $852.57 under the 1 in 10 adjustment. Mr. Murphy seconded the motion.
Attorney O’Connell said that the Water & Sewer relationship has always been between the property owner and not a tenant and that he would advise not breaking this relationship.
Vote: 7 – 0 – 0. Motion passed.
¨ 20 Sunrise Avenue Ms. Cahill recused herself from this discussion as she is a neighbor and is cited in the letter from the owner of 20 Sunrise.
Mr. Kargl explained that he has brought this before the Commission as he is not sure on the issue of owner occupied versus a seasonal occupant, and felt that this did not fall under the intent of the ‘1 in 10’.
Mr. Mingo suggested that they might get redress from their homeowner’s insurance. Mr. Formica said that Mr. Kargl brought this forward as the house is not occupied full-time.
Mr. Bond said that his philosophy is that if they were there then this would not have run for even a half of a day (much less the two plus weeks that the water did run) and also there is the issue that the water could/should have been turned off at the curb and this would not have happened at all.
Mr. DiGiovanna suggested that they could table this for now and let them pursue this matter with their insurance.
Mr. Murphy asked if the water went to the sewer system or if it was pumped out. Mr. Kargl said that it was pumped out and that it did not go through the sewer system.
**MOTION (3) Mr. Mingo moved that this item should first go through the customer’s insurance company. No second – Motion died.
Mr. Giannattasio noted that the ‘1 in 10’ is once in 10 years. Mr. Kargl said that if this was clearly owner occupied then it would not have come before the Commission.
**MOTION (4) Mr. Mingo moved to approve the ‘1 in 10’ request of 20 Sunrise Ave., however the insurance company should review it first. No second – Motion died.
Mr. DiGiovanna suggested that they table this item until next month. Mr. Kargl said that the ‘1 in 10’ policy is a very good policy and that it was put together well for use by the administrative arena. He added that he thinks that the insurance component complicates the intent of the ‘1 in 10’ policy.
**MOTION (5) Mr. Murphy moved to accept the ‘1 in 10’ request of 20 Sunrise Avenue and to adjust the bill from $1,151.84 to $596.83. Mr. Zoller seconded the motion. Vote: 4 – 0 – 2. For: Mr. Formica, Mr. Mingo, Mr. Murphy, Mr. Zoller Against: Mr. DiGiovanna, Mr. Bond Recused: Ms. Cahill
6. Communications à See Correspondence Log There was no discussion.
7. Zoning Referral – Application of Village Crossing of Niantic LLC for Affordable Housing Park Place, Niantic Mr. Formica recused himself from discussion on this item as he resides in an abutting property. He also stepped down from Chairing this item and asked that Andrew McKirdy, Deputy First Selectman chair the discussion of this item.
Mr. Giannattasio synopsized the referral letter that was sent from Zoning regarding this item. He noted that their charge is with relation to the assessment for water and sewer capacity for this project. He pointed out where this property falls on the site plan.
Mr. Mingo noted that their charge is not as that of a land use agency but only to determine if there is water and sewer availability for this project.
Mr. McKirdy asked Mr. Giannattasio to summarize the draft letter that Mr. Kargl had passed out. Mr. Giannattasio summarized the draft letter noting that they had suggested that there could be problems providing water during the heavy use period in the three summer months and that they would like the developer to provide them with an alternative water supply.
Mr. Mingo asked if this is bifurcated. Mr. Giannattasio said yes and that it is the same lines as what they show and that it have been checked carefully. Mr. Kargl commented that he was looking for a breakdown on the number of bedrooms as that would more accurately define what the use would be.
Mr. Mingo said that he does not think that they have water for this although they may have sewer. Mr. Giannattasio said that while they have plenty of water for nine (9) months of the year that they just are not certain of what the summer will hold or what the 2009-2010 timeframe will hold when a lot of things that have already been approved will be coming on-line. He said that the sewer extension would have to be by application of the applicant and at the sole expense of the developer.
Mr. McKirdy asked how the draft would read if they removed the 2009-2010 references. Mr. Giannattasio said that this would not be unlike Darrow Pond where they found more water than they need and could turn that back to the Town. This developer might want to look into the same type of thing. Mr. McKirdy said that the letter clearly states that they do not have water year round. After further discussion, a few changes were made to the draft prior to its’ approval.
**MOTION (6) Ms. Cahill moved to approve the draft letter as modified regarding the Zoning Referral for the Application of Village Crossing of Niantic LLC for Affordable Housing - Park Place, Niantic, CT Mr. DiGiovanna seconded the motion. Vote: 7 – 0 – 0. Motion passed.
Mr. McKirdy returned to the audience and Mr. Formica returned to Chair the rest of the meeting.
8. 11 & 15 Industrial Park Road Review (and rectification, if necessary) of Sewer Service District Line Mr. Giannattasio explained that they had requested that the engineer come this evening to explain the issues with this lot. This lot is located between Bob’s Furniture and the Stop & Shop.
Robert Pfanner Jr., PE said that they have a client that it looking to develop this parcel and that they noted that the sewer shed line did not line up with what was shown on a previous 1999 version of the map of the property. They might want to place a building towards the backside of the lot similar to how UBS and Bob’s are located on their respective lots and they found that there appears to be a draftsman’s transcription error as the original sewer shed line was inside of the property line and it is now 200’ off and outside. In tracing the information back, this error was made in 1999.
Mr. Giannattasio explained that the plan that was drafted was from the original facilities plan that the State had them develop. When the applicant contacted him, he had everyone look at it and they found that it was a scribers error, made in 1999 and they are in agreement that what Mr. Pfanner is presenting is a correction to that draftsman’s error, bringing them back to the original plan. (Note: Mr. Pfanner submitted the plan for the file).
**MOTION (7) Mr. Mingo moved to revert to and accept the original plan for 11 & 15 Industrial Park Road as delineated on the ‘Detailing area near Industrial Drive, Sewer Service Map dated May 14, 2008; Revised to May 27, 2008 by J. Robert Pfanner” and as submitted to correct a scribing error. Mr. Bond seconded the motion. Vote: 7 – 0 – 0. Motion passed.
9. Water Supply Improvement Project Updates ¨ Current and Future demand projections Mr. Kargl noted that this information was in their yellow folders and proceeded to review it. He noted that the yellow lines indicated where there is water that they cannot pump all of due to the DEP. He added that they had anticipated additional pumping of Well 5 which the DEP is not allowing to happen. He suggested that they keep the information for future reference.
Mr. Mingo noted that he thinks that growth demand may be somewhat short sighted. Mr. Kargl noted that the DEP approved the water supply plan in 2005.
Mr. Zoller asked what the capacity was of the water tanks. Mr. Kargl said that they range from 1.3M gallons to 1.5M gallons.
¨ Well 5 Draft Diversion Permit Mr. Kargl noted that they have spent several years working on getting a diversion permit and that they will be getting one. He said they could see the draft as a copy was included in their packets. While there are some things that still need to be worked out he said that it is better to operate under a permit instead of a consent order. Mr. DiGiovanna asked if it is a 25-year permit. Mr. Kargl said yes. He said that they would need a motion to authorize the Chairman to sign the documents for the diversion permit for Well 5
**MOTION (8) Mr. DiGiovanna moved to authorize the Chairman to sign any documents that are necessary for the Well 5 diversion permit. Mr. Mingo seconded the motion. Vote: 7 – 0 – 0. Motion passed.
¨ Replacement Well 2A Mr. Kargl recalled that there has been some delay on this item and that they are now ready to build and specify capacity which is greater. This will allow them to pump the well harder over a shorter term.
Mr. Giannattasio said that they should move fast on Well 2A as it can work on the short-term basis. He said that they would like to use Pettini Construction for this project as they need to get the qualifications moving and staff and the Chairman can negotiate a price and come back to the Commission with all of the information.
Mr. Bond asked about generators and if they would have them. Mr. Giannattasio and Mr. Kargl said that they will have generators.
**MOTION (9) Mr. Bond moved that they obtain a qualifications package on the construction of Well 2A from Pettini Construction. Mr. DiGiovanna seconded the motion. Vote: 7 – 0 – 0. Motion passed.
¨ Replacement Well 3B – Proposal to construct replacement well by S.B. Church Mr. Kargl said that they are looking for authorization to spend $114,763 to obtain a proposal from S.B. Church on the construction of Well 3B as Well 3 has lost some capacity over the years.
**MOTION (10) Ms. Cahill moved that they authorize $114,763 to S.B. Church to pursue a proposal for the construction of replacement Well 3B. Mr. Murphy seconded the motion. Vote: 7 – 0 – 0. Motion passed.
¨ Regional Interconnection Mr. Kargl said that they met with the DPH and that they have been given strong suggestions that regionalization is the way that they need to be going. This is something that they have been working on and will continue to work on.
¨ Darrow Pond Mr. Kargl said that this offers a new opportunity for them as there is at least 250,000 gpd there and only about one-half of that capacity would be needed by the project. They are looking at the potential of adding it as one of the supply options that could greatly help during the summer months and otherwise.
¨ Level A Mapping Mr. Kargl said that it is mandated that this be completed by June 1, 2008 and that they are moving along on it as it is nearly complete now.
10. Drinking Water State Revolving Fund (DWSRF) Mr. Kargl said that they need a motion on the resolution as it pertains to low-cost loans and/or grants for their chlorination and other on-going projects such as regionalization.
**MOTION (11) Mr. Zoller moved that the resolution be accepted as submitted: BE IT RESOLVED THAT: the Chairman of the Water and Sewer Commission (the Town of East Lyme duly designated Water Pollution Control Authority) is hereby authorized to execute and file applications and agreements on behalf of the Town of East Lyme Water and Sewer Commission with the Commissioner of Public Health and Environmental Protection for loans under the Drinking Water State Revolving fund (DWSRF) program pursuant to the provisions of Section 22a-475 through 22a-483 of the General Statutes of Connecticut, as amended, and execute on behalf of the Town of East Lyme Water and Sewer Commission all the applications, instruments and documents and accept payments and do all other things that may be necessary or desirable for planning, design and construction loans related to the implementation of system-wide disinfection, construction of Well 3B and regional interconnections to improve water supply capacity. Ms. Cahill seconded the motion. Vote: 7 – 0 – 0. Motion passed.
11. Chairman’s Report Mr. Formica reported that they have met with the DPH and they are anxious to move forward on the regionalization and regional interconnect with respect to water. He said that we are concerned with July and how this will work if we should have dry times; which is where Darrow Pond would come into play. He has been reaching out to the owners regarding the 250,000 gallons and they are moving forward in taking the State’s recommendations seriously. He said that he is working with the neighboring Towns to try to see how best to regionalize.
Mr. Mingo thanked Mr. Kargl and Mr. Giannattasio for their work on all of these projects.
12. Staff Updates a. Conservation Measures Mr. Formica suggested that they target the fourth of July as water conservation time and promote something to that effect for that traditionally heavy-use weekend.
b. O & M Building Renovation There was no discussion.
c. Point O’ Woods sewer Connection There was no discussion.
d. Pine Grove Sewer Extension Project There was no discussion.
e. Orchard’s Subdivision There was no discussion.
f. Boston Post Road Tank Painting Project There was no discussion.
g. Crossley Court Sewer Extension There was no discussion.
h. Saunders Point Sewer Extension There was no discussion.
i. Darrow Pond Project This was previously discussed.
j. Camp Rell Readiness Center There was no discussion.
k. Maguire Group Monthly Status Report Mr. Kargl noted that this was in their packets.
l. Water Department Monthly Report There was no discussion.
m. Sewer Department Monthly Report There was no discussion.
n. Regionalization Issues This was discussed earlier.
o. Rates/Capital Improvement Plan There was no discussion.
13. New Business Mr. Mingo asked if the WPCA wanted to have a booth at the Celebrate East Lyme event this year. The consensus of the Commission was that they do want a booth.
14. ADJOURNMENT **MOTION (12) Mr. DiGiovanna moved to adjourn the May 27, 2008 Regular Meeting of the East Lyme Water & Sewer Commission at 9:25 PM. Mr. Mingo seconded the motion. Vote: 7 – 0 – 0. Motion passed.
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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