Minutes of the March 25, 2022 meeting of the Council on Environmental Quality (Council) held in compliance with Governor Lamont’sExecutive Order 7B.

MEMBERS PRESENT: Keith Ainsworth (Acting Chair), Matt Reiser, Charles Vidich, David Kalafa, Alicea Charamut, William Warzecha, and Kip Kolesinskas.

ALSO IN ATTENDANCE: Peter Hearn (Executive Director), Paul Aresta (Environmental Analyst), and Matt Pafford (Office of Policy and Management (OPM)). 

1. Call to Order: Establishment of a Quorum
At 9:31 AM, Ainsworth called the meeting to order and noted that the public may speak during the meeting at the discretion of the Acting Chair. Ainsworth took attendance and confirmed that there was a quorum of Council members present. 

2. Approval of Agenda
Ainsworth noted that there was a change to the agenda with the proposed addition of four Siting Council petitions.  Warzecha made a motion to approve the revised agenda; seconded by Kalafa. The motion passed.

3. Approval of Minutes of April 27, 2022
Vidich noted that the draft minutes should be revised to remove the word “was”  and then made a motion to approve the revised draft minutes of April 27, 2022; seconded by Kolesinskas. The motion passed.

4. Chair’s Report
Ainsworth noted that Aresta was promoted to the position of Executive Director  and expressed his appreciation to Hearn for his service to the Council. 

5. Citizen Comment Period
There were no comments from the public.
.
6. Citizen Complaints and Inquiries Received 
Hearn reported that he and Aresta received a few complaints and inquiries: 

  1. Aresta noted that a citizen in Mansfield was concerned about the drinking water at a school in Mansfield. Aresta added that he contacted the Department of Public Health and responded to the resident that the wells that provided drinking water to the old school are no longer in service and that new wells were drilled to supply drinking water to the new school. Furthermore, the school is testing the water quarterly and there are no results in exceedance of the drinking water standards.

  2. Aresta reported that a resident was concerned regarding noise generated by traffic going over a bridge in Westport. Aresta added that he contacted at the Department of Transportation (DOT) and will respond to the resident when more information is obtained.

  3. Hearn reported that he received an email from a forester who had interpreted the Council’s suggestion that state forests which have intensive public use be managed to accommodate that use as urging that all state forests be managed for intensive public use. He added that the issue was resolved.

  4. Hearn reported that he received an inquiry from a resident in Windsor Locks who was concerned about enforcement actions regarding alleged violations of municipal wetlands regulations. Ainsworth noted that any resident can take a violator to court if the municipality does not act. Kolesinskas added that the Army Corp of Engineers might also have jurisdiction depending on the wetlands impacted.

  5. Hearn reviewed an email he received regarding the plans for restoration at Housatonic Meadows State Park. He added that the members of Housatonic Meadows Preservation Action (HMPA) provided an update on the status of the restoration and thanked the Council for the Council’s efforts. He added that HMPA is collaborating with the Department of Energy and Environmental Protection (DEEP) on the restoration efforts.

7. Executive Director’s Report

  • Hearn noted that an electronic version of the 2021 Annual Report was provided to the State Library.

  • Hearn noted that he updated the recent “Invasives” report based on input from the Connecticut Invasive Plants Working Group (CIPWG). He added that the changes were minor and consisted of 1) correcting a few typos, 2) clarifying the distinction of invasive, potentially invasive and banned plants, and 3) added more detail regarding the role of the CIPWG.

  • Hearn noted that he had been interviewed by a few media outlets regarding the information on the Council’s 2021 Annual Report.

  • Hearn reported that there will be a webinar on June 8 on Rivers and Watercourses: The Importance of Riparian Zones on June 8, 2022. He added that Charamut and Vidich will be participating.

At 9:57 AM, Ainsworth paused the meeting for a break and resumed the meeting at 10:02 AM.

8. State Agency Actions 
a. DEEP

  • Release-based Remediation Working Group 
    Aresta reported on the activities of the Released Base Working Group and noted that on May 10, the three subcommittees provided a summary of their reports. He added that the June 14 meeting will include a question-and-answer session and there will be a discussion  of the “Drafting Team’s” proposed changes to the concept papers.

b. Connecticut Siting Council (CSC)

  • DOCKET NO. 509 
    Aresta reported that staff reviewed a proposal for a 110-foot monopole designed to resemble a pine tree (total height 115’) within a 3,000 square foot fenced equipment compound in New Canaan. He reviewed the details of the proposed project and noted that no comments are recommended at this time. Vidich questioned if scenic resources would be impacted by the proposed facility and if the proposed facility was being sited in a location designated by the town. Ainsworth noted that the impact on scenic resources is a concern for nearby residents and that the Siting Council’s authority supersedes the municipal zoning requirements, although they might consider them.

  • PETITION NO. 1507 
    Aresta reported that staff reviewed a proposal for a 2.99-megawatt (MW) solar photovoltaic facility to be located on the roof of a Dollar Tree Distribution Center in Windsor. No significant adverse environmental impacts are anticipated.

  • PETITION NO. 1508 
    Aresta reported that staff reviewed a proposal for a 4.0-MW solar photovoltaic electric generating facility in Enfield. He added that the proposed site is currently used as a golf driving range. The proposed facility is not expected to impact wetlands, watercourses, core forests, or NDDB populations. The Department of Agriculture (DOAG) and DEEP have both determined that the proposed project would not materially affect prime farmland soils or core forests. No significant adverse environmental impacts are anticipated.

  • PETITION NO. 1509
    Aresta reported that staff reviewed a proposal for  a customer-side 300-kilowatt (kW) fuel cell facility to be located at Park Avenue Medical Center, 5520 Park Avenue in Trumbull. He added that the proposed fuel cell location would be in a previously developed and paved area that is used for parking. The proposed facility would comply with noise regulations and no significant adverse environmental impacts are anticipated.

  • PETITION NO. 1510
    Aresta reported that staff reviewed a proposal for a customer-side 1-megawatt fuel cell facility and associated equipment to be located at Bozzuto’s Inc., 400 Industrial Avenue in Cheshire. The proposed fuel cell location would be adjacent to the existing building in a previously developed and paved area. The proposed facility would comply with noise regulations and no significant adverse environmental impacts are anticipated.

  • PETITION NO. 1511, 1512 
    Aresta reported that staff reviewed a proposal for the installation of a small wireless facility on a new 43-foot AT&T-owned utility pole within the right of way in West Haven and a proposal for a small wireless facility on a 37-foot 6-inch state-owned replacement light pole and associated equipment to be in the southeastern portion of the Manchester Community College campus. He added that no significant environmental effects are anticipated and no comments were recommended.

  • PETITION NO. 1513
    Aresta reported that staff reviewed a proposal for modifications to an existing telecommunications facility located at 150 North Main Street in Branford. He added that the proposed modifications included a minor expansion of the facility fenced area and addition of antennas on the existing monopole tower. No significant adverse environmental impacts are anticipated.

  • PETITION NO. 1514
    Aresta reported that staff reviewed a proposal for a 1.95-MW solar photovoltaic electric generating facility to be located at the Maloney & Webster Correctional Institutions at 900 Highland Avenue in Cheshire. He reviewed the details of the proposed project and noted that comments are recommended to address wildlife, farmland soils, and visibility. Kolesinskas noted that the proposed projects that are described in Petitions 1514 and 1515 are very close to one another and that the state should consider the cumulative impact of both projects on agricultural resources. He added that the Petitioner should consider using paved areas and rooftops for the proposed project.

  • PETITION NO. 1515
    Aresta reported that staff reviewed a proposal for a 1.95-MW solar photovoltaic electric generating facility to be located at the Manson Youth Correctional Institution at 42 Jarvis Street in Cheshire. He reviewed the details of the proposed project and noted that comments are recommended to address wildlife and farmland soils.

    Kolesinskas made a motion to revise the draft comments for Petitions 1514 and 1515 to recommend that the Petitioner consult with DOAG regarding the potential impact the proposed projects might have on farmland soils, to consider the placement of the solar panels on paved surfaces and rooftops, and to consider agricultural co-use activities, as appropriate; seconded by Warzecha. The motion passed.

  • PETITION NO. 1516
    Aresta reported that staff reviewed a proposal for a 1.175-megawatt AC solar photovoltaic electric generating facility to be located at the Enfield & Willard Correctional Institutions at 289 and 391 Shaker Road in Enfield. He reviewed the details of the proposed project and noted that comments are recommended to address wildlife, farmland soils, and wetlands.

  • PETITION NO. 1517
    Aresta reported that staff reviewed a proposal for a 1.8-megawatt AC solar photovoltaic electric generating facility to be located at the Osborn Correctional Institution at 335 Bilton Road in Somers. He reviewed the details of the proposed project and noted that comments are recommended to address wildlife and farmland soils.

    Kolesinskas expressed concern regarding the potential impact to grassland birds that might be present on the property for Petition 1516. He said the area might have been part of the mitigation that allowed the development of Rentschler Field' and that staff should consult with the Wildlife Section about this.

    Vidich made a motion to revise the draft comments for Petitions 1516 and 1517 to recommend that the Petitioner consult with DOAG regarding the potential impact the proposed projects might have on farmland soils, to consider the placement of the solar panels on paved surfaces and rooftops,  to consult with the wildlife division at DEEP regarding potential impacts to birds in the area, and to consider agricultural co-use activities, as appropriate; seconded by Warzecha. The motion passed.

c. Legislation
Hearn reported that several bills that the Council provided comments for during the most recent legislative session were adopted, incorporated into other bills, or included in the budget. Hearn noted that Senate Bill (SB) 117 did not pass, but provisions of the bill were included in SB 238. He reviewed the provisions of the bill and noted that Council staff participated in a field review of forestry operations at a state forest on May 17 in Hamden. Hearn reviewed key provisions of  House Bill (HB) 5143, HB 5296, SB 243, and SB 4. He added that SB 4 had many provisions to reduce emissions in the transportation sector. He also noted that HB 5142 requires DEEP to provide the draft release-based program regulations to the working group for comment prior to public release. Lastly, Kolesinskas noted that the provisions of SB 243 will help farmers and private forest land holders better manage their property and keep agriculture viable. Hearn reviewed a few other successes for the environment during the most recent legislative session. 

9. Other Business 
Ainsworth asked if there were any other items for discussion by Council members or the public. 

Kolesinskas noted his respect and appreciation for Hearn for his service to the Council and the state. Charamut also expressed her gratitude.

Hearn suggested that the Acting Chair could provide a letter of appreciation for two Council members whose terms expired during the last two years: Alyson Hilding and Lee Dunbar. Ainsworth agreed and noted their contributions to the Council.

Vidich questioned the status of the filling of the environmental analyst position. Hearn indicated that the refilling of the environmental analyst position is in progress and that the required paperwork was submitted to DEEP to be provided to the Department of Administrative services. 

Ainsworth asked for a motion to adjourn. Vidich made a motion to adjourn the meeting at 11:12 AM; seconded by Warzecha. The motion passed.

Pursuant to Executive Order 7B, a recording1  of this meeting is available by email request of the Council (email to: paul.aresta@ct.gov). (Disclaimer: The transcript associated with the meeting recording is computer-generated and may contain typos that have not been edited.)

[1] (Passcode: Yb3?VBT7)

The following comments were submitted by Ann and Frank Zitkus with a request that they be part of the meeting record.

Dear Mr. Hearn,

As this is what we understand may be your last meeting as Executive Director of the Council on Environmental Quality, we wish to express our deep appreciation and gratitude for your excellent public service for the people of Connecticut.  Your dedication and efforts are exemplary.  We do hope your retirement is very enjoyable and fulfilling.  

We are unable to attend this meeting but hope this email can be read into the record of the meeting.  We support the CEQ's continued efforts and discussion regarding a scoping process for tree and forestry activities.

In this time where the climate and biodiversity crises are a priority, we encourage the DEEP to:
reserve a high percentage of public forest to become Old Growth to help maximize carbon storage and sequestration and provide refuge for biodiversity;
discontinue any significant clear cutting practices in favor of less intense disturbance to forests;
avoid prescribed burns in forests as they are very questionable as Connecticut forests are not aged enough to withstand risk of severe fires.   (Connecticut has had forest wildfires already this year.)
Instead of a focus on cutting forests, it would be of benefit for DEEP personnel, including forestry personnel, to:
greatly increase work on combating non-native invasive plants in an ecologically prudent manner (less reliance on herbicides, more on manual strategies) and work to prevent the spread of Asian jumping worms which are a major threat to native forests.  This would include outreach to municipalities and the general public to change current practices that are spreading the worms (municipal composting programs; landscaping projects).
increase education regarding the benefits of preserving native plants, trees, forests as well as the adverse impacts of removal of native plants, trees, forests.
Also the State of Connecticut should establish Ecosystem Service Credits (payments) to help promote the preservation of forests and other natural land.  Enacting this in conjunction with a carbon storage/sequestering assessment/monitoring program would also help supply jobs for DEEP forestry personnel that would be of great benefit to the public.

Thank you again, Mr. Hearn, and we wish you the very best.

Sincerely, 
Ann and Frank Zitkus