Council on Environmental Quality Meeting Minutes 

Minutes of the September 27, 2023, meeting of the Council on Environmental Quality (Council) held at the Holcombe Room, fifth floor, 79 Elm Street, Hartford and via Zoom. 

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

ALSO IN ATTENDANCE: Paul Aresta (Executive Director), Nicholas Velseboer (Environmental Analyst), Jordan Herpich (Department of Energy and Environmental Protection (DEEP)), Eric Hammerling (DEEP), Bruce Wittchen (Office of Policy and Management (OPM)), Rebecca Dahl – (OPM), and Justine Phillips-Gallucci (OPM). 

1. Call to Order: Establishment of a Quorum
At 9:31 AM, Ainsworth called the meeting to order, took attendance, and confirmed that there was a quorum of Council members present.

Ainsworth noted that Connecticut Siting Council (CSC) Petition 1593 was submitted to the CSC after the agenda was developed and distributed. Charamut made a motion to revise the meeting’s agenda to include consideration of draft comments for CSC Petition 1593; seconded by Donnelly. The motion was approved unanimously.

2. Approval of Minutes of August 23, 2023
Vidich made a motion to approve the draft minutes of August 23, 2023; seconded by Kolesinskas. The motion was approved unanimously.

3. Citizen Comment Period Guidelines
Ainsworth noted that draft guidelines have been developed that address procedures for public comment periods of meetings and decorum when addressing the Council during meetings. He added that the draft guidelines clarify the Council’s policy for public comment. Vidich made a motion to adopt the draft Citizen Comment Period Guidelines; seconded by Warzecha. Charamut commented that citizen comment is vital to the Council’s work. Ainsworth agreed and noted that while the Council does welcome citizen comment, the Council does have business to conduct, and the guidelines just formalize the Council’s practices for an orderly meeting. The motion was approved unanimously.

4. Citizen Comment Period
There was no citizen comment.

5. Citizen Complaints and Inquiries Received

• Velseboer reported that the Council reviewed documentation regarding the proposed changes to the City of New Haven’s zoning regulations and zoning map for the Long Wharf area. He added that Council staff contacted DEEP to inquire about 1) the current status of DEEP’s review of the proposed changes; 2) whether the recommendations in DEEP’s letter to Misty Maza dated August 1, 2023, were addressed; and 3) if there was anything else to report to the Council. He added that information on DEEP’s review of the proposed changes to the city of New Haven’s zoning regulations and map is pending.
  
  
• Velseboer reported that the Council received a request for public records including any adopted policy regarding public speaking, contact information for Council members, and any text messages between Council members for 2023. He added that the information was provided quickly and no request for additional information was received.
  
  
• Velseboer reported that the Council received an inquiry from a company that was interested in obtaining information on existing or pending regulations regarding Per- and Polyfluorinated Substances (PFAS) chemicals. He added that Council staff directed the inquiry to the appropriate contact at DEEP and the Department of Public Health (DPH).
  
  
• Velseboer reported that the Council received a request from a member of the Housatonic Meadows Preservation Action Group (HMPAG) for assistance to coordinate with the State Parks Division at DEEP in order to complete the restoration work at Housatonic Meadows State Park (HMSP). DEEP responded to the member of the HMPAG and indicated that DEEP staff received the email but was delayed in coordinating the restoration efforts because of staff shortages.
  
  
• Velseboer reported that the Council received a complaint from a citizen from the town of Naugatuck regarding the development of a solar array adjacent to their property that was approved by the town’s zoning commission. The citizen was concerned about the regulation of the proposed solar facility and possible health issues stemming from the location of the solar panels to the property line and the emission of an electro-magnetic field (EMF). Council staff responded that regulatory approval for the proposed facility is a matter for the local zoning board/commission, and the citizen was provided with several resources on solar panel EMF emissions.
  
  
• Velseboer reported that the Council received an inquiry from a resident of the city of New Haven that was concerned about rocks in the resident’s back yard stemming from an uphill source on the resident’s property. He added that the resident believes the fragmentation of the rocks is due to increased erosion from recent rainfall. Velseboer noted that the inquiry was directed to the city of New Haven Building Department.
  
  Ainsworth asked about EMF emissions from solar facilities. Velseboer responded that given the distance from the solar facility to the neighbor’s property, the EMF emissions were expected to be below background levels for a residential property. Vidich requested the materials that were provided to the complainant in Naugatuck. Aresta responded that Council staff would distribute a copy of the two studies to all Council members.

6. Executive Director’s Report

• Aresta reported that there was discussion at the last Council meeting regarding the use of a public space and equipment to be used for the meeting and for public comment, if applicable. Aresta added that Connecticut General Statutes (CGS) 1-225a indicates that if a public meeting is being held by means of electronic equipment, any member of the public can request a physical location and any electronic equipment necessary to attend such meeting. He added that the Freedom of Information Act also contains provisions to address disruptive behavior.
  
  
• Velseboer reported that Council staff met with a representative from DEEP (materials management) and informed him of the requirement for the Council to conduct a review of how municipalities were utilizing the surcharge fee from the Nips. Velseboer noted that he informed participants during the Connecticut Coalition for Sustainable Materials Management (CCSMM) meeting on September 19, about the pending survey. He added that an email with the survey and a link to a webform was distributed on September 20, to chief elected officials and chief financial officers for every municipality the received funds from the surcharge. Aresta added that Council staff also contacted representatives for all the Councils of Government in the state, the Connecticut Conference of Municipalities (CCM), and Council of Small Towns (COST) about the data collection effort and the sharing of best practices. Ainsworth noted that the town of Vernon is undertaking a campaign to reduce the impact from the purchases of Nips.
  
  
• Aresta reported that the Council received a notice regarding the proposed reconstruction of the Colony Road Bridge over the Latimer Brook in East Lyme. He reviewed the environmental characteristics of the proposed project area and noted that draft comments have been developed that address state-listed species, precautions within the flood hazard area, and inland wetlands.
  
  Vidich made a motion to approve the draft comments for the proposed Colony Road Bridge replacement project in East Lyme; seconded by Warzecha. The motion was approved unanimously.
  
  
• Aresta reported that the Western Connecticut Council of Governments (WestCOG) recently released two complimentary reports on wetland protection and noted that Vidich was the primary author. Vidich noted that the report on The Buildable Square identifies a tool that zoning commissions can use to reduce impacts to wetlands. He added that the other report reviews the administrative procedures that Connecticut’s municipalities use to administer wetland regulations, which relies on numerous volunteers, compared to the state of Vermont’s approach, which uses professional staff, for regulating activities that might impact wetlands. Kolesinskas and Warzecha requested a copy of the wetland reports. Aresta responded that Council staff would distribute the two reports to all Council members.
  
  
• Aresta reported that the Council was requested to provide the Secretary of  the State’s Office with information regarding the number, gender and racial composition of members of the Council by October 1.
  
  
• Aresta presented the draft schedule for Council meetings and the publication of the Environmental Monitor for 2024. Aresta noted that the draft schedule would have Council meetings on the fourth Wednesday of every month, except for the proposed meeting dates in November and December, which would take place approximately a week before Thanksgiving and Christmas as opposed to two weeks before those holidays. He added that the meeting in April could be scheduled to occur prior to Earth Day (April 22) for the release of the annual report, if appropriate.
  
  Vidich made a motion to approve the draft schedule for Council meetings for 2024; seconded by Reiser. The motion was approved by all with Charamut abstaining because she will not be a Council member in 2024.
  
  
• Aresta presented a tentative schedule for the 2023 annual report, which includes a citizen comment period in December when interested stakeholders will be invited to provide input on the indicators and trends for the 2023 annual report. He added that the proposed tentative schedule calls for the release of the 2023 annual report in early May 2024. It was the consensus of Council members present that the tentative schedule for the development and release of the 2023 annual report was acceptable.

Ainsworth noted that the Council would take a five-minute break at 10:06 AM. The Council meeting resumed at 10:11 AM.

7. State Agency Actions 
a. DEEP

• Release-Based Remediation Program – update
  Aresta summarized the September 12 meeting of the Release-Based Remediation Working Group that included two presentations, including 1) background for release determination for natural metals in soil, and 2) immediate actions. He added that DEEP reviewed three options for determining naturally occurring background metals and significant existing releases that require immediate action. He also noted that there was also a meeting on September 26 that consisted of a question-and-answer session.

b. Connecticut Siting Council (CSC)

• Petition 1589 (solar, Ellington) - Comments recommended
  Aresta reported that he reviewed a proposal by USS Somers Solar, LLC to construct and operate a 3.0 megawatt (“MW”) solar electric generating facility to be located at 360 Somers Road in Ellington. He summarized the environmental characteristics of the proposed site and noted that draft comments have been developed and distributed that address farmland soils, soil erosion control, and protection of state listed species (Savannah sparrow). Warzecha questioned if the Petitioner will be testing the soil if the soil is taken offsite. Aresta clarified that it is not the intention of the Petitioner to remove the topsoil from the proposed site, but the topsoil might be stripped from the array areas and regraded in other locations on the proposed site. Kolesinskas noted that the restoration of the proposed site would be difficult if there is limited baseline information on the soil profile for the proposed site. Aresta added that Denise Rodosevich provided written comments regarding the importance of protecting farmland soils and other suggested revisions to the draft comments.
  
  
• Petition 1590 (telecom, Meriden) - Comments recommended
  Aresta reported that he reviewed a proposal by Tower North Development, LLC and New Cingular Wireless, PCS d/b/a AT&T to replace an existing municipal communications tower located at 13 Pomeroy Avenue in Meriden with a 150-foot monopole tower. He summarized the environmental characteristics of the proposed site and noted that draft comments have been developed and distributed that address consideration of relocating the proposed tower to the other side of the parking area to better protect wetlands.
  
  
• Petition 1591 (battery, Stafford/Willington) - Comments recommended 
  Aresta reported that he reviewed a proposal by Key Capture Energy (KC) to develop and operate a 5.0-MW/20 MWH battery energy storage facility located in Stafford and Willington. He summarized the environmental characteristics of the proposed site and noted that draft comments have been developed and distributed that address wildlife, noise, and protection of wetlands. The was general discussion regarding the impact of noise. Ainsworth added that the CSC preempts local zoning regulations for facilities within its jurisdiction.
  
  
• Petition 1592 (solar, Somers) – Comments recommended
  Aresta reported that he reviewed a proposal by Santa Fuel, Inc. to construct and operate a 3.85-MW solar electric generating facility to be located at 159 South Road in Somers. He summarized the environmental characteristics of the proposed site and noted that draft comments have been developed that address agriculture/soils, core forest, wildlife, wetlands and vernal pools, and visibility. There was discussion regarding the impact of removing the edge forest, located on the east side of the proposed site, on core forest in the area.
  
  
• Petition 1593 (energy, Montville) - Comments recommended
  Aresta reported that he reviewed a proposal by Eversource Energy for the proposed Montville Substation to North of Kitemaug Road Rebuild Project consisting of the replacement and reconductoring of electric transmission line structures along approximately 1.1 miles of its existing electric transmission line right-of-way in Montville. He summarized the environmental characteristics of the proposed project and noted that draft comments have been developed that address the provision of best management practices and other documentation, protection of wildlife, invasive species control, vegetation management, erosion and sedimentation control, and inspections.
  
  Vidich made a motion to approve the revised draft comments for CSC Petition 1589, consistent with Rodosevich’ s written comments; Petition 1590; Petition 1591; Petition 1592 revised to clarify the impact on core forest; and Petition 1593; seconded by Warzecha. The motion was approved unanimously.
  
  
• Docket 518 (telecom, South Windsor) - No comments recommended at this time
  Aresta reported that he reviewed a proposal by New Cingular Wireless PCS, LLC d/b/a AT&T and Tarpon Towers III, LLC to construct and operate a 165-foot telecommunications tower and equipment compound to be located at 99 Dart Hill Road in South Windsor. Aresta summarized the land use and environmental characteristics of the proposed site.

c. Department of Transportation (DOT) - Land Transfer, North Canaan
Aresta noted that the DOT has posted information on their website for the potential sale of the approximately 27.5-acre site, comprised of four parcels, in North Canaan. Aresta added that the Council submitted comments that suggested that the DOT or DEEP retain the parcels for open space. Aresta noted that a representative from the land management program at DEEP indicated a few months ago that a local land preservation organization was interested in preserving the land and the land would be eligible for the Open Space and Watershed Land Acquisition Grant Program, which is accepting applications through October 2. He added that the DOT website indicates that bids for the parcels will be accepted through October 11 and that the Town of North Canaan has the right of first refusal for the purchase of the property.

8. Other Business 

Ainsworth asked if there were any other items for discussion by Council members. 

Vidich made a motion to adjourn the meeting at 10:48 AM; seconded by Charamut. The motion was approved unanimously.

A recording of this meeting is available here¹ and by email request of the Council (email to: CEQ@ct.gov). (Disclaimer: The transcript associated with the meeting recording is computer-generated and may contain typos that have not been edited.)