Commissioners Present: Chairman Joseph C. Prior, Vice Chairman Douglas R. North, Clerk Steve Lobik
Employees Present: Superintendent: Craig W. Jalbert; Secretary: Dale Barnes-Johnson
Guests: Mark and Susan Gawron, Kevin Bierman
Open the Meeting: The meeting was called to order at 6:45 p.m.
OLD/NEW BUSINESS
Fenton Road Water Line ~ The Gawrons have come to the Board to find the best way to get their deed free and clear of the 2” private water line that runs through their property and supplies a total of 10 homes on Fenton Road. The Gawrons explained one neighbor did not pay their portion of the repair costs related to the July 29, 2011 break on the private line. Mr. Gawron went as far as covering that particular neighbor’s portion of the materials cost billed by the Water Department. However, the Gawrons do not intend to pay the neighbor’s share of the charges still owed to Tom Gregoire Excavation. Based on the legal opinion received by the Water Department, the owners of the 10 homes that are serviced from the private line are responsible for the maintenance, repair and
replacement of such private water lines to the extent that such owners are benefited by such water lines. Therefore, the Board believes the Gawrons could recover their costs through the courts. The Gawrons do not want to be burdened with the responsibility of maintaining this private water line and easement in the future. They also don’t want the sole responsibility of organizing repairs or hiring a contractor which is understandable considering the one neighbors lack of cooperation after the fact. They are concerned that they will not be able to sell their house because of the private water line complication.
The Commission expressed its disappointment that after almost 2 years, no action on forming a group or reaching a formal agreement on how future repairs will be handled has taken place. Craig explained that no maintenance has been done on the easement through the western section of Gawrons’ property since the line was installed. If a leak were to occur in that area, the entire line would be shut off and it could be a week before it is restored, longer if it happens in winter. The easement would first have to be cleared of trees to make room for heavy equipment to facilitate the repairs. The Board of Health would also have to be notified regarding the extended loss of service and the Commission questioned whether the homeowners would be allowed
to stay without access to water for sanitation. When the Fenton Road residents last met with the Commission on September 21, 2011 that fact was explained to all present and it was generally agreed that work would begin toward establishing an agreement where maintenance and repair costs could be equally shared.
The Gawrons are exploring the possibility of installing their own water line and thus separating themselves from the existing line and the responsibilities thereof. Craig explained that they are within their right to install their own line on their property and began collecting some preliminary cost estimates for a new service to their home. The entrance fee would be based on the size of the connection, $3000 for 2” and $2000 for 1”. One option is to make a 1” connection at the street and increase it thereafter using 1-1/2” or 2” plastic tubing to the house to avoid excessive pressure drop across the line. Craig priced out 2” CTS Plastic @ $2.00/ft, along with couplings and other fittings ($2,800), additional costs would include marking and
clearing a new 20’-30’ path ($5,000 to $10,000), equipment costs (?), and sand to backfill the trench. However, Craig reminded the Gawrons that even with a new line they would still have the easement on their property and they would still be involved with the others because of that fact. In addition they would be solely responsible for the new 1,400’ line instead of a shared responsibility on the existing one.
The Commission discussed another possible option. A new water main could be installed on Fenton Road which could service all the homes and provide hydrants and fire protection to the area. That would be considered a betterment to the 10 homes on Fenton Road who in turn would be charged a betterment fee to pay for the upgrade. This option would solve the problem if the Fenton Road residents approved it. The next step would be to see if the neighbors are interested in upgrading the line.
The Commission wants Craig to draft a letter to the Fenton Road residents presenting this option in addition to reminding them that the easement needs to be flagged and cleared to avoid future repair delays. Hopefully the homeowners will act when the letter is sent, it is important they accept the fact that by law if they are connected to the line they are responsible for the repairs and maintenance of it. It’s not just the Gawrons’ responsibility. Craig also brought up the possibility of the residents purchasing an insurance policy specifically for water line replacement which may soften the financial burden of future repairs.
The Gawrons now have the information they need to make a decision on how they will move forward. The least expensive solution would be for all the connected Fenton Road residents to form a group or association and establish guidelines for how maintenance and repairs costs will be shared. If the neighbor’s delay and the Gawrons choose to install their own line it would involve a high cost for the work and a future maintenance responsibility that they could not share. The Board highly recommends the residents form an association. There needs to be a spokesperson/contact person to lead or organize group business (hiring contractors). Craig suggested perhaps it could be written into the guidelines for it to be a rotating position. The
path of the water main has to be cleared. Moving forward the MW&SD will send the letter as we discussed. The Gawrons are aware of their options and appreciated the Boards time, hopefully the letter will get things moving.
Accept the Meeting Minutes: A motion was made by Doug to postpone the acceptance of the March 12, 2013 meeting minutes until Steve is present, motion seconded by Joe. Motion passed unanimously.
Town Report ~ The Commission has reviewed and approved the 2012 Report of the Water & Sewer Commissioners as written.
Consumer Confidence Report (C.C.R.) ~ the water quality report has been prepared to meet the guidelines according to the MassDEP requirements. Craig sent the Contaminant table to Rick Larson at MassDEP for preliminary approval as there were a few changes to the guidelines. The CCR will be mailed with the April billing so that it meets the delivery deadline.
FY2014 Budget ~ Craig attended Mondays FINCOM meeting and presented the budgets, there were no issues.
Portable Generator ~ The Kohler Technician is scheduled to come out April 4th to do the startup, which includes installing the battery, fueling the unit and testing it at the pump stations.
Margaret Street Water Service ~ in response to Craig’s letter, the homeowner has made arrangements to fix the leak on the private line that feeds four additional houses. All deed info has been sent to our Attorney for an opinion regarding this specific situation. Based on that opinion a letter may be sent to the others serviced by this private line informing them of the situation. Moving forward Craig has been made aware there could be some CPA Housing Rehab funds available to assist, however if the money is accepted by the homeowners, deed restrictions would be mandatory. Craig will meet with the Town Administrator, Finance Director and Leslie Duthie to discuss the possibility of using CPA funds to replace homeowner water services.
Department Activity ~
Water / Sewer Repairs ~ a water service leak in the building at Ace Molding was identified. EWS will be working with them to facilitate repairs. Craig is working with the homeowner at 210 Palmer Road to address a private property leak and there is one on Wilbraham Road and one on Wales Road in the street. Tom continues to do leak detection.
Meter Reading ~ all but a few stragglers are read.
Cross Connection Training ~ Craig, Jan, Tony and Randy will be attending a Cross Connection Backflow Prevention class in Brookfield, MA tomorrow.
Back Flow Surveys ~ Bob Flag met up with Craig on the 21st to take care of some Spring Back Flow surveys.
STM Articles ~ Article requests include one for Tank Power Washing, after the tornado, dust and condensation caused mold formation on the tanks, pricing for cleaning both tanks is $9,000. Replacement of the Cutter Cartridge on the Sewer Grinder is estimated at $15,500 which includes the cost for parts and R.H. White installation. Other possibilities include a transfer to the I&I Program to continue that work. A transfer to the Easement Clearing account to address the easement on Homer Drive to Wilbraham Road upper section and yearly clearing of other easements is also required.
NEXT MEETING: The next meeting has been set for Wednesday, April 10, 2013 at 6:30 p.m.
ADJOURN: A motion was made by Doug and seconded by Steve to adjourn at 8:45 p.m. Motion passed unanimously.
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Steve Lobik, Clerk
cc: Selectmen
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