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September 2, 2008, Regular Meeting      8:00 A.M.



1.      CALL TO ORDER:

Chairman Ashton called the regularly scheduled meeting of the Flood Control Implementation Agency to order at 8:05 a.m.


                Present:                Philip T. Ashton, Chairman
                                        Walter Hylwa, Vice-Chairman
                                        George McGoldrick, Councilman
                                        Paul Miller
                                        Frank Lewandowski

                Absent:         Arthur Geary, Secretary
                                        Dwight Needels
                                        David Salafia, Councilman

                Others Present: Robert J. Bass, P.E., Director of Public Works
                                        Pierre L. Blanchet, P.E./L.S., City Engineer
                                        Brian Ennis, P.E., Associate City Engineer
                                        Hilda Santiago, Representative for Congressman Murphy
                                        Thaddeus Rybak, P.E., DEP
                                        Attorney Ceneviva, representing 61 Pomeroy Avenue
                                        Leonard Jackson, P.E., Leonard Jackson Associates,
                                             representing 61 Pomeroy Avenue
                                        John Manners, Casle Corp., representing 61 Pomeroy Avenue
                                        Philip E. Doyle, LADA, P.C. , representing 61 Pomeroy Avenue
                                        Donald Bischoff,  representing Yankee Gas
                                        Allen Koch, AGC, representing 106 Evansville Avenue, AGC, Inc.
                                        Marguerite Burris, Administrative Secretary

* Walter Hylwa left the meeting at 9:08.


        c.      Permit Application for Floodplain Development – 61 Pomeroy Avenue – Pomeroy Enterprises LLC

Attorney Ceneviva gave a brief history of the area and the proposed development.  The land presently is occupied by a movie theatre.  When the project was originally approved for the movie theater’s in the 1980’s, there was a plan to build a detention basin.  The detention pond was never built.

Litigation involving the Wetlands Commission and the City of Meriden against the owners of the theatres resulted in the posting of bond money for work to be done on the detention basin.  That work was supposed to be completed by June, 2008, and has never been done.

At the present time, there is a proposal to renovate the existing movie theatre and also construct two other buildings on the site of the parking lot.  Mid-State Medical Center would be the primary tenant, with other sub-tenants in the health care industry also occupying the buildings.  Two detention basins are also proposed.

Mr. Philip Doyle, LADA, P.E., presented the proposed plan to the Agency.  He outlined the area in question on a series of maps he had brought with him.  He also noted property lines and discussed ownership of land.  Mr.~Doyle advised that he had observed old plans at City Hall that had proposed not building an approved detention basin on the property.  He believed that the land had been transferred to another property owner.  The Chairman advised that there is evidence of a berm on the land in question, which runs in an east to west direction.  His recollection is that when the theatre was built, a berm was installed which then failed.

Mr. Jackson, P.E., Leonard Jackson Associates, was retained to take a look at the floodplain/floodway area.  He explained the difference between a floodplain and flood way;  the floodplain is the entire area inundated by the flood, while a floodway consists of the river channel, (from the mouth of the river up to the headwaters), and some of the fringe area of the floodplain.  Mr. Jackson also explained the process used to determine flooding in the area and advised that the proposed plan will slightly lower the flood elevation and not cause an increase in downstream runoff.

Mr. Stuart Fairbank, P.E., Angus McDonald, Gary Sharpe & Associates, Inc., explained that the total site is approximately 8 + acres, with about 7.3 acres of impervious surface on the site.  The proposal for the medical center will reduce the impervious area by approximately 1 acre due to the creation of 2 detention basins and some new green space.  

Mr. Hylwa questioned who would be responsible for the maintenance of the proposed detention basins.  Attorney Ceneviva advised that the same issue had been discussed at the Planning and Inland Wetlands meetings and both Commissions are requiring the filing of a maintenance agreement on the Land Records.

Chairman Ashton questioned what provisions had been made to maintain the underground storage areas and was advised that this would be part of the same maintenance agreement.  The Chairman also questioned what would insure that maintenance does occur?  Attorney Ceneviva advised that there is requirement on the Lewis Avenue maintenance agreement requiring the applicant to provide a report to the City on a regular basis.

Discussion followed regarding other possible ways to develop the site.

Mr. Blanchet reported that staff recommendation would be for approval.  Mr. Bass has asked for maintenance rights to use the access road to gain entry to Dogs Misery Swamp for repair and maintenance.

A motion was made by Mr. Lewandowski to approve the applicant’s request subject to the City of Meriden getting a maintenance agreement and access to the property for repair and maintenance.  The motion was seconded by Commissioner Miller and carried unanimously.


        c.      Letter to Mark D. Benigni – Mayor, from Northeast Utilities Service Company, as Agent for Yankee Gas Services Company, dated July 11, 2008, re:  Yankee Gas Meriden Work Area Center, 56 Cooper Street – Notification of Registration for the Connecticut Department of Environmental Protection’s General Permit for Contaminated Soil and/or Sediment Management

Chairman Ashton introduced Mr.~Bischoff who presented his case for the installation of two materials storage bins on Yankee Gas property which are necessary due to the State’s ruling that spoils be covered.  Mr. Bischoff stated that the cost of storage is costly and that Yankee Gas may not be able to use the contractor that they have previously used.

A motion was made by Mr. Lewandowski  to grant conditional, temporary, approval for the installation of two materials storage bin covers for a period not to exceed 24 months.  Discussion followed.  The motion was seconded by Councilor McGoldrick and carried unanimously.

b.      Permit Application for Floodplain Development – 106 Evansville Avenue – AGC. Inc.

Mr. Koch, Facilities Manager for AGC, Inc., appeared before the Agency to discuss his company’s request to connect to the sanitary sewer main.  He explained that AGC currently has a water system for cooling water inside the factory, which flows through heat exchangers, exits through a gravity drain system in the floor, runs through the back of the building to the outside and is a permitted discharge with the Department of Environmental Protection.  Since permit renewal fees and testing of the discharge can cost up to $20,000.00 per year, AGC would like to eliminate the permitted discharge and connect directly to the sanitary sewer line.

A motion was made by Mr. Lewandowski to approve the applicant’s request, subject to the following conditions:  that a backwater valve be added to the sanitary sewer line; correct the present floodplain designation on the plan and change the wetlands buffer from 50 feet to 100 feet.  The motion was seconded by Mr. Miller and carried unanimously.


        a.      Minutes of Regular Meeting of July 1, 2008

A motion was made by Mr. Lewandowski to approve the minutes of the  July 1, 2008, meeting of the Flood Control Implementation Agency as printed.  The motion was seconded by Mr. Miller and carried unanimously.


        a.      e-Mail to Marge Burris from Pierre Blanchet, dated May 15, 2008, re:  1320 East Main Street

Discussion followed regarding the letter that was sent to Mr. and Mrs. Bandecchi from the Planning Commission dated May 15, 2008.  In that letter, it was noted that the five-year period of completion of the box culvert over Spoon Shop Brook would expire on September 17, 2008.  Mr. Bass thought that the
Planning Commission, at a later meeting, had extended the time for the culvert replacement to early in 2009.  He will verify that fact.  He also noted that there is $50,000 set aside in the current Capital Improvement Program to fund a study of Spoon Shop Brook.  Mr. Bass was concerned about requiring Mr. and Mrs. Bandecchi to comply with the 1,000 cfs requirement, if there was a possibility that further study would change the requirements.

A motion was made by Councilman McGoldrick that the Flood Control Implementation Agency concur with the determination of the Planning Commission as forwarded to Mr. and Mrs. Bandecchi, specifically in respect to the culvert sizing to support a 1,000 cfs flow, with a deadline for implementation attached to it.  The motion was seconded by Mr. Miller and carried unanimously.

        b.      Copy of letter to Mr. and Mrs. Russell Bandecchi from Enrico Buccilli, Chairman, City of Meriden Planning Commission dated May 15, 2008, re:  C.A. Site Plan Culvert Improvements for 1320 East Main Street – Spoon Shop

See Item 4a above.

        d.      City Council Recapitulations, Regular Meeting of August 4, 2008.  Item #1.  ADOPTED.  Res. re:  City Manager be authorized to execute a grant agreement with the State of Connecticut to receive payment of $47,548 in grant funds for open space acquisition for property at 739 Hanover Road Rear.

Information Correspondence.  Remove from the Agenda.

        e.      City Council Recapitulations, Regular Meeting of August 18, 2008.  Item #3.  ACCEPTED AND FILED.  Res. re:  Appointment of Councilor David Salafia to fill vacancy on Flood Control & Implementation Agency.

Accepted and filed.


a.      Status Report - Harbor Brook Bridge Replacement by Jay Costello, WMC

Nothing new to report.

        b.      Status Report - Cook Avenue Bridge Replacement

Chairman Ashton advised that he has heard nothing new on the Cook Avenue Bridge replacement project from the State of Connecticut.  All buildings, with the exception of the pawn shop, have been demolished.  Mr.~Blanchet noted that the project is still on, but doesn’t know if the timetable has been revised.

c.      Status Report - Hanover Pond Dredging

Nothing new to report.

d.      Status Report - NPDES Phase II Regulations

Mr. Blanchet reported that the consultant, Fuss & O’Neill, Inc., has recommended that the Engineering Division hold a committee meeting regarding the NPDES Regulations by the end of 2008.  The meeting date is still to be set.  Please leave on the Agenda.

e.      Status Report - Relocation of 24” Sodom Brook Interceptor Sewer at Hanover Pond

Nothing new to report.

f.      Status Report - Channel Assessment – 399 South Colony Street, Meriden

Nothing new to report.

        g.      Status Report - Center Street Property Acquisition

Chairman Ashton is very concerned about the vacant house located next to the Center Street Bridge.  He reported that the electric meters have been removed, but it is still waiting for the wrecking ball.  Mr. Blanchet noted that he had a meeting last week at the Department of Transportation Office and had seen Mr. Marzi.  Mr. Marzi advised that he will check the acquisition schedule.  Chairman Ashton would like to know what funds are still available to do work associated with this project.

        h.      Status Report - Columbus Avenue Property Acquisition

Chairman Ashton reported that two houses located by the Columbus Avenue Bridge have been demolished.

        i.      Status Report - Real Estate Activities

Nothing new to report.

        j.      Status Report - Priorities

Nothing new to report.

        k.      Status Report – American Legion Property Located at 835 Hanover Road

Mr. Bass reported that the Department of Environmental Protection has conducted sampling on the site.  A draft report has shown that there is an extremely high concentration of contaminants located on the site.  The DEP is working toward a solution to the problem.  They expect to have a final report sometime in October.  Discussion followed as to responsibility for the problem.

        l.      Status Report – Crow Hollow Brook

Maintenance of the brook was discussed.  Carabetta Enterprises, Inc. had been notified by letter of their responsibility to maintain the section of brook abutting their property, but nothing has been done yet.  Chairman Ashton requested that recommendations for action by the Agency be brought to the next meeting.

        m.      Status Report – Enforcement Powers of the Agency

Nothing new to report.


a.      Letter to LaRosa Construction, Inc. from Pierre L. Blanchet, P.E./L.S., City Engineer, dated March 27, 2008, re: 33 Main Street, South Meriden

Mr. Blanchet reported that Engineering still has not received an as-built plan from LaRosa Construction for this project.  The Chairman requested Mr. Blanchet check up on this.


No discussion.


Mr. Bass advised that the Milone & MacBroom, Inc., study of Spoon Shop Brook should be completed by the end of September.

Mr. Blanchet is working on the hiring of an engineering firm to design Phase II of the Linear Trail.  Sodom Brook intertwines with the proposed path of the trail.  Two bridges will be affected.  One bridge will have to be rebuilt while one will have to be constructed.  The replacement would entail increasing flow capacity for flood protection.  Mr. Blanchet believes that a contract should be signed shortly.

It has come to light that the Flood Control Implementation Agency presently consists of eight members, but it is only supposed to have seven.  The Mayor has advised the Chairman that he will put forth an ordinance change to go from seven to eight members.  

Mr. Bass requested that, under Staff Reports, Item 5c.  Hanover Pond Dredging, be removed from the Agenda as there is little likelihood that this project will be undertaken in the near future.  Item 5h., Columbus Avenue Property Acquisitions, should be removed as this item has been completed.  In addition, remove item 5i.  Status Report – Real Estate Activities.

A motion was made by Councilman McGoldrick to adjourn the meeting at 9:45 a.m.  The motion was seconded by Mr. Miller and carried unanimously.

Respectfully submitted,

_______________________________                         _______________________
Arthur Geary, Secretary                                                         Date

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