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WPCA Regular Meeting Minutes 9-4-01
WATER POLLUTION CONTROL AUTHORITY
TOWN OF SOUTH WINDSOR

MINUTES                                      TOWN HALL                     REGULAR MEETING
SPRENKEL ROOM                         PAGE 1                              SEPTEMBER 4, 2001                        

Members present:    Thomas Hindson, Joseph Carino, Carol Fletterick, Edward Havens,
                                 Clifford Slicer, Richard Aries, Robert Dickinson, J. Paul Oates
Members absent:     Wayne Tursi
                                 

Staff present:           C. Fred Shaw, Superintendent of Pollution Control
CALL TO ORDER

Chairman Hindson called the meeting to order at 7:30 p.m.

ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS

July 31, 2001

Motion to approve the July 31, 2001 minutes as submitted
       Motion was made by Mr. Carino
       Seconded by Mr. Havens
       The motion was carried unanimously.

NEW BUSINESS

TOWN OF SOUTH WINDSOR - STRATEGIC PLANNING
Michael Gantick, Director of Public Works was present representing the Strategic Planning Committee, to explain the Strategic Plan and accompanying material which was handed out to each member of the Authority.  Mr. Gantick
DEMING HILL ESTATES
Karen Isherwood, Design Professionals, Inc. was present on behalf of Clark Realty seeking approval for Change Order No. 2 for property known as Deming Hill Estates, Section 6A and 6B.  Ms. Isherwood explained the realignment of the previously approved sanitary main was necessary, due to the fact the developer did not feel it was cost effective to have 250requires an additional 500
WATER POLLUTION CONTROL AUTHORITY
TOWN OF SOUTH WINDSOR

MINUTES                                      TOWN HALL                     REGULAR MEETING
SPRENKEL ROOM                         PAGE 2                              SEPTEMBER 4, 2001                        

NEW BUSINESS, Continued

Deming Hill Estates-Change Order 2
Motion to approve Change Order No. 2 for Deming Hill Estates, Section 6A and 6B, prepared by Design Professionals, Inc., South Windsor, CT., in accordance with Drawing No. 1/1, entitled Deming Hill Estates, Section 6A and 6B
        Motion was made by Mr. Aries
        Seconded by Mr. Slicer
        The motion carried unanimously

FY 2001/2002 RESIDENTIAL SEWER USER CHARGE BILLING
Mr. Shaw distributed copies of his September 4, 2001 memorandum (Attachment A) to the WPCA, regarding the residential sewer user billing list and seeking approval of same.  He reviewed the figures in the memo: 85 new residential connections, an increase of 1.2% over the previous year.  There are 7,384 residential units in town, for a total of $1,513,720 to be billed for FY 2001/2002.
Motion to approve the contents of Mr. Shaw
        Motion was made by Mr. Carino
        Seconded by Mr. Aries
        The motion carried unanimously

ATTENDANCE POLICY (Discussion)

Mr. Carino distributed copies of his memorandum concerning Board or Commission Membership (Attachment B).  A discussion followed regarding the importance of regular members and alternates attending meetings on a regular basis.  Mr. Aries asked the question regarding the attendance of alternates, is an alternate appointed at the beginning of a meeting to fill in for an absent regular member.  Mr. Carino stated the Chairman would appoint an alternate to fill in for an absent regular member at the beginning of a meeting and such would be noted in the minutes.  If possible the alternate would be affiliated with the same political party as the absent member.  An alternate may take part in the discussion of all items on the agenda, but would be unable to vote unless they were appointed to fill in for an absent member.  It is necessary for an alternate to attend at least 50% of the meetings of any Commission; this ensures their understanding of the responsibilities and obligations of the organization.  There is an ordinance stating if a member is absent for three months



WATER POLLUTION CONTROL AUTHORITY
TOWN OF SOUTH WINDSOR

MINUTES                                      TOWN HALL                     REGULAR MEETING
SPRENKEL ROOM                         PAGE 3                              SEPTEMBER 4, 2001                        

NEW BUSINESS, Continued

Attendance Policy
or more the Town Council will review the appointed person
Motion was made to clarify the procedure regarding the WPCA Secretary or Chairman be notified if a member will be absent and in turn contact an alternate, of the same political party, to fill in.
        Motion was made by Mr. Dickinson
        Seconded by Mr. Hindson
        The motion carried unanimously

COMMUNICATIONS AND REPORTS
Mr. Shaw stated that the Facility Plan has been started, this is a plan, which looks at the entire Town.  The process began early this spring and will be completed by the end of the year.  The plan looks at the treatment plant, all the pump stations, and the sewer line, with a complete evaluation of their current status with regards to current DEP requirements, regulations and future regulations.  This plan will ensure we are presently in compliance and will be in compliance in the future. The pump stations are reviewed to determine the reserve capacity for future development.  

PUBLIC PARTICIPATION (Items not on the agenda)
BILLS, CHANGE ORDERS, DISBURSEMENTS
UNFINISHED BUSINESS

735 John Fitch Blvd. (Discussion regarding request for refund)

Mr. Shaw distributed a Memorandum (Attachment C) from Barry Guliano, Town Attorney, regarding the refund on sewer user fees that were paid in error.  A discussion followed regarding the payment of sewer user bills that were paid for a property which is not hooked up to the Town sewerage system.  Mr. Olander brought up the issue of a sewer user charge being considered a tax; he along with several other members felt this was not a correct interpretation.  Mr. Shaw explained the State statute allows for an ordinance to be passed allowing for a refund of the property owner

WATER POLLUTION CONTROL AUTHORITY
TOWN OF SOUTH WINDSOR

MINUTES                                      TOWN HALL                     REGULAR MEETING
SPRENKEL ROOM                         PAGE 4                              SEPTEMBER 4, 2001                        

UNFINISHED BUSINESS, Continued

stated in the Connecticut General Statutes.   Mr. Hindson asked for a hand count showing who would be in favor of presenting a request for an ordinance in this matter.  The commission as a whole felt it would be in the best interest of the Authority to have Attorney Guliano answer the following questions before a decision is made regarding the request for an ordinance.
What is the difference between a user charge and a tax, and how does this apply to our situation?
Can a clerical error done by the Town be corrected without going through the ordinance process?
Would it possible to handle this matter and give the resident a refund without going before the Town Council and requesting an ordinance or can a special ordinance be drafted to apply to this situation only?
Mr. Shaw felt the commission should prepare answers for the questions Attorney Guliano asked in his Memorandum and he will obtain the answers to the above questions for the next meeting. There was a general consensus to table this matter until the next regular meeting on the WPCA on October 2, 2001.

MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS         
Motion to adjourn was made at 9:17 by Mr. Dickinson
        Seconded by Mr. Aries
        Motion carried unanimously

Respectfully submitted,



Deborah Dumas
Recording Secretary


Date approved:____________________