Scrolling down or clicking the bookmarks will take you to all the submitted minutes for meetings held in December.

REGULAR MEETING   Tuesday, DECEMBER 18th, 2007

EAST LYME WATER & SEWER COMMISSION

MINUTES

The East Lyme Water & Sewer Commission held a Regular Meeting on Tuesday, December 18, 2007 at the East Lyme Town Hall, 108 Pennsylvania Avenue, Niantic CT. Chairman Formica called the Regular Meeting to order at 7:00 PM.

PRESENT:                 Paul Formica, Chairman, Steve DiGiovanna, Dave Zoller. Joe Mingo, Roger Spencer, Mary Cahill, Robert Gadbois, Dave Murphy, Dave Bond

ALSO PRESENT:       Brad Kargl, Municipal Utility Engineer

                                 Attorney Theodore Harris, representing 38 Hope Street

ABSENT:                   No One

1.       Call to Order

Chairman Formica called the meeting to order at 7:00 PM.

The Pledge was observed.

2.       Approval of Minutes

à    Regular Meeting Minutes – November 27, 2007

Mr. Formica called for discussion or any corrections to the Regular Meeting Minutes of November 27, 2007.

Mr. Zoller asked that on Page 2 under Item 6. in the first line that the date of October 11, 2007 be changed to read: October 18, 2007.

**MOTION (1)

Mr. DiGiovanna moved to approve the Regular Meeting Minutes of November 27, 2007 of the Water & Sewer Commission as amended.

Mr. Zoller seconded the motion.

Vote:  9 – 0 – 0.  Motion passed.

3.       Delegations

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

There was no one.

4.       Approval of Bills

There were none.

5.       Communications

à         See Correspondence Log

à         12/11/07 Correspondence from CTDEP concerning review of Well 5 Diversion Permit Application

Mr. Mingo asked that they table any discussion on this item until the next meeting of the Commission as he had a lot to talk about with respect to it.

Mr. Kargl said that was not a bad idea as he would then be able to go over this with Maguire and get their input and present it at the next meeting. The only issue is that the letter has a response date that falls before their next meeting. He said that they have been agreeable in the past with respect to granting time extensions and that he would request an extension so that they can reply after their next regular meeting in January 2008.

Mr. Zoller said that he thought that it was a good idea to get input from Maguire and to request an extension.

Ms. Cahill asked Mr. Kargl if he thinks what is contained in the letter is a good idea.

Mr. Kargl said that he is not sure – regarding an opinion, he said that it appears that they will be looking for a lot more from them if they are allowed to continue operating as they have been. He said that it needs to be looked into a lot more and there is also the issue of how much more money they want to expend here. He said that he will make the request for more time to provide a response.

6.       38 Hope Street – Request for Revision to Operations and Maintenance Manual

Mr. Formica called for a motion for discussion.

**MOTION (2)

Mr. Mingo moved that it be resolved that the East Lyme Water and Sewer Commission approves the modification to Section 3.3, Litter and Pet Waste Control, of the Operations and Maintenance Manual for the 38 Hope Street development to allow pets which require outside walking to be kept within Building Nos. 1 through 4, 6, 12, 13, and 14, which said buildings are entirely outside the 200-foot radius of Well 4A. Further resolved that a designated pet walking area shall be provided remote from and outside of the 200-foot well protection radius, that a plan for maintenance of the designated pet walking area be submitted to staff for approval and that appropriate signage be provided in sensitive areas indicating that no pet walking shall be allowed other than in the designated area.

Mr. DiGiovanna seconded the motion.

Mr. Gadbois asked how this would be controlled to make sure that the ‘poop’ is picked up. He explained that he has dogs and the he frequently walks them along Main Street and sees where people do not pick up after their dogs with ‘poop’ in the bushes and along the sides of the walking areas.

Mr. Formica recognized Attorney Harris to respond to the question.

Attorney Harris said that the pet designated area will have instruction packets specifically for that pet walking area and that the packets will also be distributed to the pet owners. The Association will be responsible for enforcement as this is also a part of the association documents and agreement. The Association will also be responsible for making arrangements for the cleaning of the area.

Mr. Murphy asked if there is anything in the Town Ordinances that would be enforceable if the Association defaults on this.

Attorney Harris said that there is an operations and maintenance manual that is provided for the site that has been approved by the DPH and which was also contingent upon Water & Sewer Commission approval of it. There is an association that will engage professional management in operation of the association development and they must adhere to the maintenance manual as it was approved. The owners also are given a manual outlining the covenants, declarations and rules and regulations of the association that they must follow. There are provisions for fines to be levied against the owners for violations of these rules and regulations. He said that they expect that it would be unlikely that it would reach the stage where the Town would have to be involved in enforcement. He added also that the original manual had a lot of Town staff involvement in its’ writing and that the State DEP has also chosen it to be utilized as a model manual of it’s type.

Mr. Bond asked about any recourse if everything fails.

Attorney Harris and Mr. Kargl said that the manual and scope of it is a lot broader than what is being discussed here. There are a whole host of things that work together in the management manual. Also, the Town has means of notification through its’ Zoning Official if there are violations. The thought however; is that this is where these people will live in close proximity to each other and that they will also exert control over each other in the desire to keep their living space clean and attractive.

Mr. Spencer asked if they will ask the DPH for their approval of this modification also.

Mr. Kargl and Attorney Harris said that Mr. Giannattasio has spoken with Mr. Matthews of the DPH already and has been informed by Mr. Matthews that they do not have any issues with this modification.

Mr. Mingo asked if the maintenance manual has been adopted.

Mr. Kargl said yes, it has been and explained that they are just amending the small portion that pertains to pets as it previously stated that there would be no pets.

Mr. Formica called for a vote on the motion.

Vote:  9 – 0 – 0.  Motion passed.   

7.       Chairman’s Report

Mr. Formica said that he is looking forward to being involved with this Commission. He noted that he was present at the system-wide chlorination presentation and that it was taped so that it can be run on Channel 22 at various times during the project.

8.       System-wide Chlorine Disinfection/East Lyme Water System

Mr. Kargl concurred with Mr. Formica on the taping of the presentation on chlorination noting that it would be a good avenue to use in updating the public as they move along in the process. He said that the next step is to firm up with the DPH and Maguire Group the timetables that would be employed going forward. He said that they would probably want to start with Well 1A and evaluate what happens there. He said that if the Commission feels comfortable with moving forward that he will do this.

Mr. Mingo asked if they will be eligible for some of the money from the drinking water fund.

Mr. Kargl said that there are low interest (2% - 3% over 20 years) loan funds that are generally for the smaller Towns with a population of 10,000 or less that are available however; we are at 15,000 population and more. He said that they do have to get an application in with the DPH by the end of this year and they will do that and see what happens there. He noted that sometimes the ‘terms and conditions’ placed upon the money are sometimes more of a burden than anyone would think however; they will apply for it and see what happens.

9.       Staff Updates

a.   Pine Grove Sewer Extension Project

Mr. Kargl reported that they he expects that both of the contractors will come in by their next meeting looking for a portion of the 5% that is being withheld. They will still with hold some of that 5% to make sure that the landscaping is completed in the spring. He further reported that they are working on the list of owners and sending it to Attorney O’Connell so that the benefit assessment can be done early next year.

Mr. DiGiovanna asked how many in the Pine Grove area have already tied into the system.

Mr. Kargl said that there are probably some 30 to 40 people. The current weather has slowed down the hook-ups. He added that they will be sending a letter regarding the mandatory hook-up around the time of the next meeting.

b.   Boston Post Road Sewer Extension

Mr. Kargl reported that Attorney O’Connell has had some issues with the easement language and that he expects that they will be worked out by the next meeting of the Commission.

Mr. Murphy asked when they expect to accept this sewer extension.

Mr. Kargl said that it could be as early as next month as it is with Attorney O’Connell now and he is working out the legal issues with their Attorney and this could possibly be done in 30 days time.

c.   Boston Post Road Tank Painting Project

Mr. Kargl reported that the bulk of this will be done by the end of this week and that the tank should be back on line by the New Year. He said that they were really lucky with the weather and caught it just in time.

Mr. Mingo asked that they issue a notice that we are not at 40% water capacity so that people do not confuse us with the problem that New London is having with their water capacity.

Mr. Kargl said that while the wells are okay, that Well 1A is a bit behind but going in the right direction and that he would prefer to wait on this.

Mr. Formica suggested that they get together and compose a well supply report that can be put up on the website so that it can be referenced by the public.

d.   Crossley Court Sewer Extension

Mr. Kargl reported that Mr. Giannattasio had a discussion with Weston & Sampson regarding this and that it looks like, for a small cost, that they can utilize the Pine Grove specs and make some revisions to get going on this project.

e.   Saunders Point Sewer Extension

Mr. Kargl reported that they are in the process of getting together a survey and sending it out to the residents in Saunders Point.

f.    Brook Road Water and Sewer Extension

There was no discussion.

g.   38 Hope Street

This was previously discussed.

h.   Camp Rell Readiness Center

There was no discussion.

i.   Darrow Pond Project

Mr. Formica said that he has been introduced to and met with the new management team for this project and that they will be moving forward on it.

j.    Walnut Hill Development 

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  

There was no discussion.

o.   Rates/Capital Improvement Plan

There was no discussion.

p.   Prison Communications

There was no discussion.

q.   Other

There was none.

10.   New Business

There was none.

11.   ADJOURNMENT

**MOTION (3)

Mr. Mingo moved to adjourn this December 18, 2007 Regular Meeting of the East Lyme Water & Sewer Commission at 7:30 PM.

Ms. Cahill seconded the motion.

Vote:  9 – 0 – 0.  Motion passed.

Respectfully submitted,

Karen Zmitruk,

Recording Secretary