The town’s sewage treatment plant off South Street serves the village area, and the Water Pollution Control Authority is planning an upgrade of the facility. It’s capacity has become a contentious issue in the debate over high density housing. —Jake Kara photo
With the pressure that high density housing proposals have been putting on the village now that traditional zoning limits have been undermined by the state’s affordable housing law, and with a required 20-year upgrade of the District I sewer plant in the early study stages, the selectmen are taking a look at how decisions concerning the town sewer system are made.
An interview and re-appointment of longtime Water Pollution Control Authority member and chairman Max Caldwell was pulled from the agenda of May 15 Board of Selectmen’s meeting.
First Selectman Rudy Marconi said later that the re-appointment had been held up to give the selectmen time to study the authority and see if there’s anything they’d like to see changed in the agency — a Charter Revision Commission is due to be created in the fall.
“I received a call from one member of the Board of Selectmen, who expressed a concern about the current structure of our sewer approval process, and perhaps prior to re-appointing anyone, we should review that process, and how the WPCA is structured,” Mr. Marconi said Tuesday.
“Right now, based on that request and other input, I am proceeding with town counsel to review the structure of the WPCA, and how it could perform differently in the future,” Mr. Marconi said. “And I don’t have any preconceived idea at this point how that would be.”
The idea is look at how Ridgefield’s Water Pollution Control Authority operates, at how other towns in Connecticut make those decisions, and at what latitude there is in state statutes for doing things differently.
“We are really just taking a look at it, and comparing Ridgefield to other communities,” Mr. Marconi said.
“We’re also going to be structuring a Charter Revision Commission for 2014 some time in the fall of this year,” Mr. Marconi said. “Maybe there are some changes to be made in the charter.”
The first selectmen praised Mr. Caldwell’s service on the authority and his knowledge of authority’s work. About a month ago, before the chairman left for a vacation in Africa, Mr. Marconi said, the two had discussed the re-appointment in light of the studies that have begun for the upgrade of the District I sewage treatment plant, as required every 20 years by the state Department of Energy and Environmental Protection (DEEP).
“I had spoken with Max and, given the fact that our 20-year review as required by DEEP has begun, that having someone like Max with his engineering background would be helpful in seeing this application through the process,” Mr. Marconi said. “He said maybe I’ll retire once this application is completed.
“And that was just before he left for Africa.”
Asked about a matter recently before the authority, Mr. Caldwell answered in an email this week but noted that he was no longer sitting on the authority since his term expired in April.
“It is pretty clear that WPCA members are appointed for a set term and when that period is up, the Board of Selectmen is required to appoint someone for another term. As my term has expired and there has not been another appointee, I believe it would be improper for me to vote on issues coming before the WPCA.
“I am preparing the budget for next year as I am just assembling information provided by Finance (and I have done this for many years) and the sitting authority will need to set rates at the next public meeting.”
Mr. Marconi said later that, since no action had been taken to fill the seat, he believed Mr. Caldwell remained on the authority and had full rights to continue acting as a member.
“He’s on,” Mr. Marconi said. “Our charter reads that when your term expires and there has been no appointment or re-appointment, you continue to serve in that capacity.”
A couple of other selectmen reached on the issue, Maureen Kozlark and Andy Bodner, both said they hadn’t asked that Mr. Caldwell’s re-appointment to be withdrawn from the agenda. As they described the situation, it wasn’t that the board or any members had a problem with Mr. Caldwell so much as a feeling that the whole set-up ought to be reviewed.
“It’s not directed at Max, per se, his just happens to be the first name that came up,” Mr. Bodner said.
The Board of Selectmen is concerned with the way the authority works, he said.
Lately the authority has tried to maintain a technocratic approach to applications, and not get into making land use policy decisions which it views as more properly the purview of the Planning and Zoning Commission.
Under the state’s affordable housing law 8-30g, however, developers can ignore most local zoning regulations by meeting state affordability guidelines on 30% of the housing units they propose.
The result, perhaps inevitably, is to put the authority on the front lines of battles over housing density. There’s a feeling among people concerned by what seems a potential for runaway change in town that the Water Pollution Control Authority could act as more of a gatekeeper.
This is exacerbated by differing perspectives on the sewage treatment plant’s capacity. Judged by average flows, the plant is at less 70% of its design capacity of a million gallons a day. But the plant, serving a century-old sewer system with many leaks and other “inflows” in times of heavy rain, has a long history far exceeding its design capacity during storms.
“Here we’ve been told for years we’re running out of sewer capacity, and yet the projects are magically being approved, whether there’s sewer capacity or there’s not,” Mr. Bodner said.
“They’re doing a study right now of a sewer upgrade. The number’s as high as $15 million, I’ve heard,” Mr. Bodner said. “If they’re sitting here nearing capacity, are you exacerbating the problem by approving these projects?
“I think the Board of Selectmen would like a better understanding from the WPCA of where we stand relative to sewer capacity and constraints, in the face of the potential for a large expansion/upgrade in the near term, and in the face of all these high density projects they’ve been approving — 15 units on a acre, 20 units on a acre.”
Ms. Kozlark agreed that the board’s concern was more with the process than with people.
“It’s not an angry situation,” Ms. Kozlark said. “I think the Board of Selectmen is just looking at the situation that surrounds the WPCA and we wanted to get more clarification on what their role was before we started interviewing for the next round of appointees.”
With appointed agencies, she said, there’s always a balance to be maintained between keeping people who’ve been doing a job well and giving others who are interested a chance to serve.
“You have to respect all the years someone has put in and the experience they bring, but you also have to be sure everybody has the opportunity to apply and come forward if they want to,” she said.
If a Charter Revision Commission does look at the authority and its function, it might review the history of the agency. A couple of decades back the authority was elected — its functions were handled by the elected Board of Selectmen.
“In ’94 it was formally changed from the Board of Selectmen to an appointed WPCA under Connecticut State Statute,” Mr. Marconi said.
The selectmen had a Sewer Advisory Committee to help.
“There’s a lot of work, a lot of meetings. It is kind of technical,” Mr. Marconi said. “It wasn’t a bad set-up. We had a Sewer Advisory Commission — the representatives on that commission were the ones who made recommendations to the Board of Selectmen. And it worked very well.”