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Water and Sewer Commission Scrolling down or clicking the bookmarks will take you to all the submitted minutes for meetings held in September.
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PUBLIC HEARING I Tuesday, SEPTEMBER 23rd, 2008 EAST LYME WATER & SEWER COMMISSION MINUTES
The East Lyme Water & Sewer Commission held a Public Hearing on September 23, 2008 at Town Hall, 108 Pennsylvania Avenue, Niantic, Connecticut to hear comments regarding Sewer Extension No. 4 proposed sewer assessments for properties in the Pine Grove area, which is bounded southerly by the State of Connecticut Military Reservation (presently known as “Camp Rell”), easterly by the Niantic River, northerly by Smith Cove and westerly by Smith Cove, and includes the land, streets, roads and properties generally constituting the territorial limits of the Connecticut Spiritualist Camp Meeting Association, Inc. The purpose of the Public Hearing is to receive and consider comments regarding the proposed assessment resolution and proposed assessments to be levied on the following properties benefited by the sanitary sewer system of East Lyme. (Notice and List of properties attached at end of Minutes).
PRESENT: Paul Formica, Chairman, Mary Cahill, Dave Zoller, Steve DiGiovanna, Roger Spencer, Joe Mingo, Dave Bond, Dave Murphy
ALSO PRESENT: Attorney Edward O'Connell, Town Counsel Attorney Mark Zamarka, Town Counsel Brad Kargl, Municipal Utility Engineer Michael Giannattasio, Director of Public Works
ABSENT: No One
Pledge of Allegiance The Pledge was observed.
Public Hearing I¨ Proposed Sewer Benefit Assessments for Sewer Extension No. 4; properties in the Pine Grove area which includes the land, streets, roads and properties generally constituting the territorial limits of the Connecticut Spiritualist Camp Meeting Association, Inc.
Chairman Formica opened the Public Hearing and called it to order at 7:00 PM. He read the Notice of Public Hearing into the record. He noted that the notice had been published in the local newspaper, and asked Mr. Kargl if it was authenticated. Mr. Kargl presented a copy of the Publisher’s Certificate regarding the Notice of Public Hearing indicating that it had been duly advertised. (Copy attached at end of Minutes) He then asked Attorney O’Connell, Town Counsel to give a brief overview of the benefit assessments.
Attorney O’Connell presented the history leading up to Sewer Extension No. 4. He said that the three previous were: #1 – Colton Road which was a mandatory hook-up and mostly commercial with very few residential properties; #2 – Corey Lane which was under the ‘opt-in’ system and mostly residential in nature and; #3 – the Smith Ave./Smith St. extension – also ‘opt-in’ and a combination of residential and commercial. This extension - #4 - is only residential and the figures are not based upon supposition. The Benefit Assessment Subcommittee originally set the assessment in 1991 at $7,838 based upon a residential lot. This figure was subsequently adjusted upwards by a COLA formula which in today’s adjusted dollars is equal to $12,066.00 per unit. In April of 2009 this assessment would start to be paid. It is set up to be paid in 15 annual installments and it has a 5% interest component. It can be paid in full if so desired. He noted a memo from Mr. Kargl indicating six (6) items of interest that had been received from the Pine Grove residents following publication of the assessment notice (Copy attached at end of Minutes). Item one refers to the ‘Common Land’ properties owned by either the Spiritualist Camp or the Ladies Aide Society. He noted that Lot 139 is the Tabernacle property and that it would get the same standard assessment as the others and as they have treated all other Houses of Worship in the Town (they have been assessed). Item two pertains to duplexes and they have been assessed at 2x the single rate and that it was because the resolution did not include a provision for a 1.5x assessment. He said that this should be corrected to the 1.5x assessment (for duplexes) so that it would be consistent with past practices. The new amount would be $18,099.00 for the two duplex properties (Lot #’s 118 and 177). He noted that this would not have to be re-advertised as original assessment was higher. He synopsized the last four items on the list indicating that there were a few questionable very small lots which it would be questionable if they could be built on. It was advised that the owner(s) indicate in writing if the property is to never be developed. He said that modifications were made that were to be adopted with Sewer Main Extension No. 4 reflecting the issues discussed in the memo.
Mr. Formica asked if there were any members of the public who wished to comment –
Andrew McCarthy, 12 Main Street noted that document which cites a ‘Schedule A’ which was to be attached and which he said is not attached – he asked if the document with the listing of the properties was to be understood as Schedule A. Mr. Kargl explained that ‘Schedule A’ is attached in the Town Clerk’s office and that it is the list of properties. Mr. Formica said for the record that the list of properties that is attached will now be labeled as ‘Schedule A’.
Dave Carlson, 9 Wells Street said that he owns Lot #171 which is not longer a dwelling unit and thanked Mr. Kargl and Ms. Bekech, the Town Assessor for coming out and looking at his place. He asked at what point he would be bumped back down to the $12,066 from the $24,132 and how he would know that had been corrected. Attorney O’Connell said that once the resolution is passed that everyone would receive their information.
Jerry Powers, 4 South Street thanked everyone for their help in making the sewers a reality in Pine Grove. He asked about the 15 year payback and if they knew what the annual bill would be. Mr. Kargl said that the first payment is $804 however he does not have the list of the other payments as the first one has no interest.
Fred Meshekow, 19 and 21 Wells Street said that he has a single family home at 19 Wells and a duplex at 21 Wells and said that he does not think that he should be charged the 1.5x just because the pipe is going by the house as it is the same as any other house.
Mr. Formica said that he heard Attorney O’Connell speak to this regarding the 1.5x for the duplexes. Attorney O’Connell said that the sewer assessment subcommittee based it’s assessment on the benefit value added to the property and a duplex increases in value differently than a single family home. It is not based on the pipe going by the house. He also added that anyone who feels that it is too high can appeal to the Superior Court and have a judge decide.
Mr. Meshekow asked if he tore down (the duplex) and rebuilt at a later time if the assessment could be changed. Attorney O’Connell said that ‘once the bell has rung, that is what it is and it stays that way.’
Eve Stokes, 30 Center Street asked if there is any way to find other funding to relieve the property owners and; if the $12,066 would increase because the duplex amount of $24,132 has not dropped to $18,099 and if that loss of money would have to be made up by all of the property owners. Mr. Formica said that the sewer assessment was not figured in that way as otherwise it would have been much closer to $20,000 per unit. Mr. Kargl said that there were no grants.
Patricia Spencer, 31 South Pine Street asked with respect to the other pumping stations in Town if the Town purchased the land for those stations or if it was donated. Attorney O’Connell said that some of the land was municipally owned; some purchased; some gained through eminent domain and some donated as it benefited the surrounding properties.
George Keeney, 20 Pleasant Street said that he is the person who has a garage on a property and asked how he would have to file so that he is not assessed for it and if they have a form that he could just fill out. Attorney O’Connell suggested that Mr. Keeney seek his own counsel on this and on how he wants to proceed and that they (his own counsel) would draft an appropriate document for him.
Linda Lipka, 11 Hillwood Drive said that she does not reside in the area however she would like to know how Camp Rell fits into this sewer assessment. Mr. Mingo said that Camp Rell is under a different system and a different entity – with the Smith Ave. extension.
Mr. DiGiovanna asked Attorney O’Connell if a commercial entity were allowed on one of these properties if that assessment could be changed. Attorney O’Connell said yes, they could change the figure ‘upward’ but that they could not change it ‘down’.
Mr. Mingo noted that with respect to properties that were donated for pump stations that Ron Rando donated his land on Boston Post Road to/for the sewer pump station there.
Mr. Murphy said that two properties were not mentioned that were in the resolution as two properties on one lot. Mr. Kargl said that there are clearly two dwelling units on the one lot.
Jerry Powers, 4 South Street asked about a vacant lot being assessed. Mr. Kargl said that it was assessed based on the fact that it is a buildable lot.
Marge Elkins, 23 Cove Street asked about the notices for the amounts being sent to people who do not spend the entire year here and how they would know about the changes that have been made. Mr. Kargl said that the notices went to the people listed in the tax records. Attorney O’Connell said that once the resolution is adopted that notices would be sent to each owner and that any changes would be reflected in the new information.
Mr. Formica asked if there were any other comments from the public - Hearing none – He asked if the Commissioners had any other questions – Hearing none – He asked if they were ready to close the Public Hearing –
**MOTION (1) Mr. Mingo moved that this Public Hearing be closed. Mr. DiGiovanna seconded the motion. Vote: 8 – 0 – 0. Motion passed.
Mr. Formica closed this Public Hearing at 7:54 PM.
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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REGULAR MEETING Tuesday, SEPTEMBER 23rd, 2008 EAST LYME WATER & SEWER COMMISSION MINUTES
The East Lyme Water & Sewer Commission held a Regular Meeting on Tuesday, September 23, 2008 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic CT. Chairman Formica called the Regular Meeting to order at 7:55 PM after the previously scheduled Public Hearing.
PRESENT: Paul Formica, Chairman, Mary Cahill, Dave Zoller, Steve DiGiovanna, Roger Spencer, Joe Mingo, Dave Bond, Dave Murphy
ALSO PRESENT: Attorney Edward O'Connell, Town Counsel Attorney Mark Zamarka, Town Counsel Mark Kopchak, Maguire Group Brad Kargl, Municipal Utility Engineer Michael Giannattasio, Director of Public Works
ABSENT: No One
1. Call to Order Chairman Formica called the meeting to order at 7:55 PM after the previously scheduled Public Hearing. The Pledge was previously observed.
2. Approval of Minutes à Regular Meeting Minutes – August 26, 2008 Mr. Formica called for discussion or any corrections to the Regular Meeting Minutes of August 26, 2008.
**MOTION (1) Mr. Zoller moved to approve the Regular Meeting Minutes of August 26, 2008 of the Water & Sewer Commission as presented. Mr. Mingo seconded the motion. Vote: 6 – 0 – 2. Motion passed. Abstained: Ms. Cahill, Mr. DiGiovanna
3. Consider Adoption of Proposed Sewer Benefit Assessments for Pine Grove Sewer Extension No. 4 Mr. Formica called for discussion.
**MOTION (2) Ms. Cahill moved that it be resolved that the ‘Sanitary Sewer Benefit Resolution for Sewer Main Extension No. 4’ be adopted with the following modifications one thru five, (attached at end of Minutes) as read into the record previously by Attorney O’Connell. Mr. Mingo seconded the motion.
Mr. Mingo noted that as with every benefit resolution; that they run into how the assessments were figured – and – it is as Attorney O’Connell stated: ‘it is based upon how much your property benefits. He noted that the figure that they are being assessed is not covering the cost of the system and that the rest of the burden is picked up by the general taxpayers and that any grant monies – if there were any to get – would go towards relief of the taxpayer burden. So – in effect, everyone got a bargain here.
Mr. Spencer said that he had a question about the Spiritualist letter that they had in their packets – Mr. Formica asked Mr. Spencer if he is related to anyone – Mr. Spencer said yes, he is and added that he also lives in Pine Grove. He said that he would abstain – Mr. Formica said that he would not want Mr. Spencer to taint this process or have anyone have any thoughts that it was –
Mr. Mingo explained that Mrs. Spencer spoke and that her question was answered and that she seemed to be content with it. Further, what they donated was for the common good and he feels that the Church was treated fairly in that they were treated like every other Church in Town.
Mr. Kargl added that they paid for the connection for the Church so they did get compensation.
Mr. Formica called for a vote on the motion. Vote: 7 – 0 – 1. Motion passed. Abstained: Mr. Spencer
4. Delegations Mr. Formica called for anyone who wished to speak under delegations.
Carol Russell, 4 Bramblebush Drive said that she had a follow-up on the MTBE levels in the two wells that she had mentioned at the last meeting. While MTBE is no longer used, with it in the groundwater, it will persist for several years according to some information that she found on the web. She said that even though there have been insufficient studies on the health effects that she was able to find on the internet that those who might be most impacted might be children. She suggested that they go after ‘big oil’ for some monies to fix this problem and said that she would be willing to offer some of her time to try to get some money from ‘big oil’ for the clean-up of this problem.
5. Approval of Bills ¨ Lenard Engineering, Inc. – Invoice No. 51039 - $3,204.48
**MOTION (3) Mr. DiGiovanna moved to approve payment of the Lenard Engineering, Inc. Invoice No. 51039 in the amount of $3,204.48. Ms. Cahill seconded the motion.
Mr. Mingo asked what this was for. Mr. Kargl said that it was for the hydraulic analysis on the Waterford connection (water).
Vote: 8 – 0 – 0. Motion passed.
6. Water and Sewer Bill Adjustment Requests ¨ 7 Hoskins Street Mr. Kargl explained that this goes back to a day in November when Mr. Ayers, the homeowner, was to get his free turn-off and then his free turn-on in May. They did turn it off in November and take the meter off and there are split pipes and Mr. Ayers claims that it was the Town’s fault as the valve was left closed and they usually leave it open. This cost $303.40 to have fixed and Mr. Ayers is looking to be reimbursed for this expense. He said that he spoke with him and that while they turn the water off and on for free that it is the property owners’ responsibility to make sure that everything is safe inside the home.
Mr. Mingo asked if it is a normal practice to put a valve after a meter. Mr. Kargl said before and after and that this occurred in the valve before the meter.
Mr. Mingo asked if the meter was disconnected. Mr. Kargl said yes – they physically take it out.
Mr. Mingo said that he has an issue with leaving it open, as bugs and small animals can climb in and it creates an unsanitary situation. Mr. Ayers said that the pipe to the street was not able to drain and caused the pipes to split.
Mr. Bond asked Mr. Kargl when they shut the water off in the street if they drain it – Mr. Kargl said that they do not make any claim to drain the house.
Ms. Cahill said that if it was done and then it was not done that they need to instruct all of the workers what the procedure is that they need to follow.
Mr. Murphy said they should have the water department review its’ policy so that they can minimize this as they cannot be opening themselves to this type of issue – the turn off and turn on ends at the street.
Mr. Mingo said that they are setting a bad precedent if they are paying for something that is not their responsibility to be doing in the first place.
Mr. Giannattasio said that if they take responsibility for this that they would be establishing something where they cannot go into a home without someone being there and if they pay this – then they are saying that they now provide shut-offs to people who are not there. Further, the meter was pulled as a favor and not as policy.
Mr. Mingo said that this is not something that should be paid. Attorney O’Connell suggested that if they are going to do so that they state that by doing so that the Commission does not in any way admit responsibility now or in the future.
**MOTION (4) Mr. Mingo moved to reimburse the Ayers of 7 Hoskins St. $303.40 and that by doing so this in no way represents any liability on the part of the Water & Sewer Commission or department. Ms. Cahill seconded the motion. Vote: 8 – 0 – 0. Motion passed.
¨ 106 Old Black Point Road Mr. Kargl explained that he brought this to them as the leak occurred between the meter and the building and this is tenant occupied so it does not suit the 1 in 10.
Mr. DiGiovanna asked if the owner realized that this is only a $145 difference. Mr. Kargl said yes.
Mr. Mingo said that it is an illegal hook-up as he is taking the water and selling it again to his tenant. He also has plastic pipe and he does not feel that they are in any way responsible for this. He further recalled that they denied someone else who had this same basic type of situation. Mr. Bond said that he disagreed as plastic pipe was acceptable at one time.
Mr. Spencer asked why it does not meet the 1 in 10. Mr. Kargl said it is because it is plastic pipe and it is tenant occupied.
After further discussion, the Commissioners agreed to grant a 1 in 10 to the sewer side and no relief to the water and that the bill would be reduced to $655.63.
**MOTION (5) Mr. DiGiovanna moved to reduce the bill for 106 Old Black Point Road to $655.63. Mr. Bond seconded the motion. Vote: 6 – 2 – 0. Motion passed. Against: Ms. Cahill, Mr. Spencer
7. Status of Water Projects ¨ System-wide Chlorine Disinfection Mr. Kargl reported that this was sent for staff review and that in the chlorine study that there are a number of things that are intertwined and that the MTBE falls within this along with certain filters that can be evaluated.
¨ Regional Interconnection Feasibility Study Mr. Kargl reported that the study is complete and that the subcommittee will take this up (Mr. Murphy, Mr. Bond, Mr. Mingo). Mr. Formica said that he would sit in on this.
¨ Replacement Well 3B – Proposal from Maguire Group to complete Water Company Land Change of Use Permit Mr. Kargl reported that the DPH has visited this on-site location and issued approval to put the well in – however; it turns out that the location is within 4’ to 5’ of an abandoned sewer line that needs to be removed. The Maguire Group will work up a cost proposal on this which is anticipated to be around $8500. He asked if they would authorize the Chairman to sign this as it should be done well in advance of the next regular meeting of the Commission.
**MOTION (6) Mr. Bond moved to authorize the Chairman to sign a cost proposal from Maguire Group for removal of an abandoned sewer line in an amount of up to $8500.00. Mr. Mingo seconded the motion. Vote: 8 – 0 – 0. Motion passed.
¨ Level A Mapping Mr. Kargl reported that the additional work was done by Maguire and that this has been submitted back to the DEP for final review and is expected to be complete by the end of the year.
8. Replacement Well 2A Pump House Construction Proposal Mr. Kargl said that they have Mark Kopchak here from Maguire Group to update them on this. Mr. Kopchak noted that the cost here varies from $360,000 to $484,000 and that there were some items that were going to be purchased by the Town. He said that he spoke with Pettini and that they decided to use a less expensive generator and that would save them $22,000. Pettini also further re-evaluated the site work and that was reduced by some $27,000 so instead of a $484,000 contract they now have a $390,000 or $440,000 project. He said that there is also some other potential for cost savings and that this is moving forward. Mr. Kargl said that they are happy with the progress.
9. Low Pressure Sewer, Rte. 156 Mr. Giannattasio explained the process here and what they would need to do to connect and feed the eight (8) properties. The total value to extend this is $184,000 plus an estimated $16,000 for inspections and incidentals for a grand total of $200,000. If they were to divide this by the eight properties, it would be $25,000 each and SU and LI are the two zones that they fall into and any increase in the use of those properties would render the system compromised. He said that as staff, his recommendation is that they do not do anything at this time and he would also suggest that some of these property developers might pay for it at some point in the future.
Mr. Formica asked if there was any issue with not doing this and if they wanted to ask the property owners to pay the $25,000. Mr. Giannattasio said that he did not think so but would suggest that they make a motion for the record that they are not doing anything in conjunction with the Point O’ Woods expansion project.
**MOTION (7) Mr. Bond moved not to install low pressure sewers on Rte. 156 in conjunction with the Point O’ Woods expansion project. Mr. DiGiovanna seconded the motion. Vote: 8 – 0 – 0. Motion passed.
10. Communications à See Correspondence Log There was no discussion. 11. Status of Water Conservation and Water Supply Emergency Response Measures Mr. Formica reported that the Board of Selectmen decided to lift the water ban on weekends at their last meeting as they have adequate stream flow, more rain and less demand. He noted that the conservation efforts greatly helped the situation. Mr. Kargl noted that there were new graph sheets on water usage in their packets.
12. Chairman’s Report Mr. Formica reported that, as Mr. Kargl said earlier, that they will look into where MTBE might be and Ms. Russell might be able to work with Mr. Kargl and help to identify some grants. He said that he also met regarding the water supply from New London and what they might want to do to move this forward. They want to make sure that they can secure supply. He lastly reported that he would like to see conservation efforts year round and he suggested putting out various informative suggestions such as those that he found on a calendar that would push conservation in unique ways.
13. Staff Updates a. Conservation Measures This was previously discussed.
b. O & M Building Renovation Mr. Giannattasio reported that he has received 80% or $64,602.90 from the insurance company so far and that the total damage was $79,000. $6600 will not be picked up by the insurance due to deductibles and those items not insured. The total amount they will get is $72,602. He said that he would like to go to Emcor to see about a heat/AC system that can suit an upstairs office and also change from oil to propane. He would need a motion to appropriate the insurance check monies to an account that will allow them to spend the money on the repair of the building.
**MOTION (8) Mr. Mingo moved to appropriate the insurance check in the amount of $72,602.00 to an account to be established titled, “Operations and Maintenance Facility Repairs and Construction.” Ms. Cahill seconded the motion.
Mr. Murphy asked if the building is designed to take a second floor. Mr. Giannattasio said that the structure was studied and found to be okay.
Vote: 8 – 0 – 0. Motion passed.
c. Point O’ Woods Sewer Connection There was no discussion.
d. Pine Grove Sewer Extension Project Mr. Spencer asked about an update on the paving for Pine Grove. Mr. Giannattasio said that mid-October is planned unless they have an unusual cold snap.
e. Orchard’s Subdivision There was no discussion.
f. Boston Post Road Tank Painting Project Mr. Kargl reported that this project is complete and this item can be removed from the agenda.
g. Crossley Court Sewer Extension Mr. Kargl said that this is in the bid phase.
h. Saunders Point Sewer Extension Mr. Kargl said that this project is in the feasibility study phase.
i. Darrow Pond Project There was no discussion.
j. Camp Rell Readiness Center There was no discussion.
k. Maguire Group Monthly Status Report There was no discussion.
l. Water Department Monthly Report There was no discussion.
m. Sewer Department Monthly Report There was no discussion.
n. Regionalization Issues This was previously discussed.
o. Rates/Capital Improvement Plan There was no discussion.
p. Tri-Town Wastewater Capacity There was no discussion.
q. Other There was none.
14. New Business There was none.
15. ADJOURNMENT **MOTION (6) Mr. Mingo moved to adjourn the September 23, 2008 Regular Meeting of the East Lyme Water & Sewer Commission at 9:40 PM. Mr. Bond seconded the motion. Vote: 8 – 0 – 0. Motion passed.
Respectfully submitted,
Karen Zmitruk, Recording Secretary
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