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Town Council Work Session Minutes 6/6/2011
TOWN OF SOUTH WINDSOR
SPECIAL BUDGET WORK SESSION MINUTES

TOWN COUNCIL                                                             MONDAY, JUNE 6, 2011
COUNCIL CHAMBERS                                                                       TIME:  7:00 P.M.


1.      Call Meeting to Order

Mayor Pelkey called the meeting to order at 8:01 p.m.

2.      Roll Call

Members Present:        Mayor John Pelkey
        Deputy Mayor Ed Havens
        Councillor Saud M. Anwar
        Councillor Gary Bazzano
        Councillor Tom Delnicki
        Councillor Janice Favreau
        Councillor Kevin McCann
        Councillor Cary Prague
        
Members Absent: Councillor Keith Yagaloff

Also Present:           Town Manager, Matthew B. Galligan

3.      Public Participation

Mr. Don Gonsalves, 40 Bayberry Trail stated that he would like to know specifically from this Council what authority the Council has over Water Pollution Control Authority.  Mr. Gonsalves then suggested that slides be shown while the budget is being discussed.  Other items Mr. Gonsalves requested were detailed information of 6% salary increases, fringe benefits, health benefits and pension benefits.

4.      Communications

Councillor Prague questioned where the 2nd Electronics Recycling event is planned for Saturday, June 11, 2011, where is that going to take place.

Mayor Pelkey explained that it would take place in the back parking lot of the Town Hall.

5.      Town Manager’s Report

None

6.      Items for Discussion

A.      Water Pollution Control Authority Budget

Town Manager, Matthew B. Galligan stated that the Town Council should have received an opinion from the Town Attorney regarding the responsibilities of the WPCA and the responsibilities of the Town Council, as shown in attached Exhibit A.


ITEM:

6.      A.      (Continued)

Answering questions from the Council, Town Attorney Dwight Johnson explained that the WPCA has the sole authority to set the sewer rates which is consistent with the State Statutes which gives WPCA independent authority.  There are some limitations but they do have the right to set the fees and charges and there is nothing in the South Windsor ordinances or rules that take that away from the WPCA.  There is language that gives the Council some overlapping authority but the documents are not all consistent.  The general rule is that the WPCA has the authority to set their fees and charges.  Also stated in the memo, the Council does have the authority to approve their budget but because the WPCA has the authority to set their fees and charges, and because all fees and charges that are raised by the WPCA are to be used exclusively for WPCA purposes, the Council’s authority to approve the budget is a very limited authority.  There are Town’s that have chosen to have the Council serve as the WPCA.  The mechanism to get from where you are today to that approach would have to be reviewed closer.  

Mayor Pelkey felt that the Town Council and the WPCA should be trying to work out a fair running of the WPCA.  

Mr. Fred Shaw informed the Council that a public hearing will be held on June 7, 2011 in the Council Chambers at 6:30 p.m. regarding the WPCA fees.  Mr. Shaw explained to the Town Council that the proposed budget of the WPCA was reviewed previously with the Town Council.  After that review took place, a fee is set and a public hearing is held.  After the public hearing, a regular meeting is held and the rate is approved for the next fiscal year.

Councillor Bazzano stated that the Council has no right to approve the rate, the Council approves the budget which reflects the rate.

Town Attorney Dwight Johnson stated that the WPCA has the right to set their rate and thereby determining what their revenues will be and the Town Council can not prevent WPCA from doing that.  WPCA also has the ability to take whatever funds are raised from those rates.  If WPCA is going to use the Town’s bonding authority to make improvements to the plant or expand the facility then the Town Council’s has the authority to approve or disapprove that.  Town Attorney Dwight Johnson then stated that he would have thought the WPCA budget should have been approved as part of the Town’s budget which should have been approved on May 22, 2011.  There are no practical legal consequences by adopting the budget days or even weeks after the charter says the Town Council is supposed to but the best practice would be to approve all the required budgets by the date stated in the Charter.  If there is no budget passed as you go into the new fiscal year (July 1), the Council still has the authority to decide how much money to spend for up to 90 days.  After 90 days if the Town Council has not adopted a budget including the WPCA portion, then the Town is required to go back to last years budget on the line item basis.  

ITEM:

6.      A.      (Continued)

Councillor Delnicki stated that so in theory, the Town Council could pass a budget tonight and make is substantially more or less then the number that we have tonight but WPCA does not have to tie that fee schedule to the budget number?

Town Attorney Dwight Johnson explained that is what the law appears to be and in absence with any court decisions he stated he could not tell the Town Council for sure but that is our best guess.  

Mr. Fred Shaw, Superintendent of Pollution Control came forward to explain that the rise in the fee to $340.00 is intended to fund the 1/20th payment, putting aside funds for future debt service, and also used to stabilize the user fee’s over a period of time so there will not be large fluctuations in user rates.

Mayor Pelkey questioned if the fee of $340.00 is going to essentially generate a little over $500,000 of extra dollars into the fund?

Mr. Shaw explained that WPCA is anticipating expenditures such as the evaluation of the sewer system concerning the underground concrete pipes.  The study will cost approximately over $900,000.  The study involves 130 miles of sewer line in Town.  The first phase will be to look at 54 miles.  The sewer lines have to be cleaned before they are t.v.’d by a contractor, there will need to be traffic control, evaluation that has to be made, specifications have to be prepared for that type of contract work.  It will take a better part of a year to do the study.  

Mayor Pelkey stated that he is shocked by the number.  Should the $900,000 be used to fix a mile or two of piping instead of doing a study?  

Mr. Shaw stated that someone needs to look at certain areas and establish a future budget for rehabilitation.  The $900,000 will be used to look at 5.1 miles of concrete pipe.  It involves looking at the Clark Street Pump Station, analyzing the force main, looking at possibilities for by-passing the force main if necessary in the future, and looking at some inflow and infiltration in the eastern part of Town.  The Clark Street pump station handles close to 2/3rds of the Town so there is over 54 miles of sewer line and 8,400 acres of area to review.  There is a lot of flow monitoring to do and then spot monitoring evaluations.  There is a lot of things that need to be done just to identify what the problem is before taking a look on how to fix anything that needs fixing.

Answering further questions, Mr. Shaw explained that the Town had not intended to do this study before the pipe broke on Chapel Road, but since something broke there becomes a necessity to check on other pipes because it costs a lot more to fix during an emergency then if planned.  Mr. Shaw explained that he would not know how much it would cost to fix a mile of concrete piping without knowing all of the information about the situation.  The cost varies from section to section

ITEM:

6.      A.      (Continued)

depending upon the depth of the sewer which changes throughout the system.  The study will take approximately 12 months and part of the study will be paid for out of funds in reserves and money that was going to set aside for equipment reserve for future needs will have to be used for this purpose.  The $900,000 is a figure that the Town has received but most of this will be spent during this next year.  The expense may go over to the next fiscal year.  After the study is complete, some of the pipes may have to be replaced this year and other areas can be deferred for a few years and that is why the study needs to be done in order to find out where the Town stands in replacing the concrete piping.  

Mr. Shaw explained that the residential and commercial rates are the same.  They are only different in the cases where there is stronger waste than the normal waste water.  The commercial and industrial user rates will increase approximately 15% except in cases where the industrial flow may have excessive solids which cost more to treat, those industrial user will be charged a surcharge.  Mr. Shaw then explained that an out of Town user pays through the sewer user fees.

Answering questions from Councillor Anwar, Mr. Shaw stated that the Town cleans the lines on a regular basis and there are individuals that inspect manholes.  The Town will check on pipes as they get older.  If there is piping that requires repairs, the Town will have to seek funding.  

Councillor Anwar stated that the Town Council and WPCA will have to work together to keep the current and future status in tact and secure.


Answering further questions from the Council, Mr. Shaw explained that the damaged pipe on Chapel Road should have lasted longer than it did.  The pipe did not meet current standards for this type of pipe.  An evaluation will be done regarding the scouring inside which may have been due to certain pump control system that the Town currently uses.  Corrosion could have damaged the pipe.

Councillor Delnicki requested in writing exactly what the taxpayers are getting for $900,000 in the way of a study.  Also what type of financial plan is done to support something like this over the next five or ten years.  

Mr. Shaw explained that the consultant has not been selected yet and the actual scope of services will be determined by the Engineer who is hired to do the study.


ITEM

7.      Executive Session

None

8.      Adjournment

At 8:03 p.m. Councillor Prague made a motion to adjourn the Work Session.  Deputy Mayor Havens seconded the motion and it was approved, unanimously.

Respectfully submitted,


                                                
Deborah W. Reid
Recording Secretary