A. ROLL CALL
Members Present: Joseph Carino, Richard Aries, Robert Dickinson, Carol Fletterick,
Ed Havens, Jr., and Michael Patitucci
Members Absent: Frank Ferrero
Alternates Present: Thomas Deming sitting in for Richard Aries
Richard Siedman sitting in for Frank Ferrero
Alternates Absent:
Staff Present: C. Fred Shaw, Superintendent of Pollution Control
Ether A. Diaz, Recording Secretary
Jeffrey Doolittle, Town Engineer
Robert Grill, Project Engineer
Others: John Mitchell, 41 Eagle Drive
Richard Kelley
Charles Waltous, 239 Lawrence Road
Chairman Carino called the meeting to order at 7:00 p.m. The following actions were taken during the October 7, 2008 Regular Meeting of the W.P.C.A.
- ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS
July 15, 2008 – Regular Meeting
The following corrections were made to the minutes:
On page 4, 1st paragraph, last sentence which reads as follows “Chairman Carino would like to see WPCA member prepare to…” make the word member plural. Therefore, the sentence should read as follows: “Chairman Carino would like to see WPCA members prepared to make their recommendations to Council.”
Motion to accept the minutes of the July 15, 2008 Regular Meeting with the corrections being made.
Was made by Chairman Carino
Seconded by Mr. Siedman
The motion carried unanimously
August 18, 2008 – Public Hearing
Motion to accept the minutes of the August 18, 2008 Public Hearing as presented.
Was made by Ms. Fletterick
Seconded by Mr. Siedman
The motion carried unanimously
August 18, 2008 – Special Meeting
Motion to accept the minutes of the August 18, 2008 Special Meeting as presented.
Was made by Ms. Fletterick
Seconded by Mr. Siedman
The motion carried unanimously
September 2, 2008 – Regular Meeting
The minutes were corrected as follows:
On page 2, Item D – Communications and Reports, Paragraph 4, line 4 which reads as follows “This business tests for cracks using a non-penetrant which is a hazardous waste”. Change non-penetrant to dye-penetrant. Therefore, the sentence should read as follows “The business tests for cracks using a dye-penetrant which is a hazardous waste requiring separate disposal.”
On page 4, Item C – Public Information Brochure for the Referendum, Chairman Carino stated that this was discussed at the Economic Development Commission (EDC) and it was commented that once the Referendum is approved, Board and Commissions cannot make any comments as a group. They will need to do it as an individual.
Mr. Shaw stated that yes this is correct. He explained that an individual can give his/her personal, but unofficial opinion.
Motion to accept the minutes of the September 2, 2008 Regular Meeting with the corrections being made.
The motion was made by Mr. Havens, Jr.
Seconded by Mr. Siedman
The motion carried unanimously
C. NEW BUSINESS
- Prorate Sewer User Charges (Discussion)
Information was provided together with the Agenda, as requested by the WPCA at its last meeting concerning the issue of prorating user charges (Memorandum, dated October 2, 2008 Exhibit A – Exhibit H). Mr. Shaw explained that the current practice involves basing the prorated sewer user charge on the application date for the drain layers permit authorizing the sewer connection. Mr. Shaw provided information concerning the Town’s current process for issuing Certificates of Occupancy (C.O.’s). Mr. Shaw also provided a State Building Code definition for a “certificate of occupancy” and other information from the State Building Code and State Statutes as defining what a C.O. is in terms of what it does. In Exhibit G, the current Town process for the
issuance of C.O’s is illustrated. Also, included are Exhibit G a and b providing a copy of the building permit and the checklist for the certificate of issuance.
Also, included, was a matrix briefly describing some of the advantages and disadvantages of the current practice of basing the prorated user fee on the date of issuance of the drain layer permit as compared with the option of basing the prorated fees on the date of C.O. issuance.
Chairman Carino had a question concerning the wording of Mr. Shaw’s memo, which reads as follows, “The regulations cited previously make it clear that no building or structure shall be occupied or used, in whole or in part, until a certificate of occupancy has been issued by the Building Official. However, in Town, construction is occasionally started before the issuance of a building permit, and buildings are occupied or used before the issuance of a certificate of occupancy.” He asked Mr. Shaw if there is a mechanism that allows residents to move in prior to the co issuance or if this is an illegal action?
Mr. Shaw answered that he is not sure if there is a regulation for fines or penalties associated with this matter, but it does happen that some buildings are occupied before the issuance of a C.O.
John J. Mitchell, 41 Eagle Drive, was in attendance and spoke about the current policy. He explained that at the last WPCA meeting he asked the Authority to reconsider the timing of the billing for the prorated sewer user fees because they were being assessed at the time of application for the drain layer permit; Mr. Mitchell felt that a more equitable process would be one that charges the prorated sewer use charge at the time of the C.O. issuance. He believes that is illegal activity for anyone to occupy a structure before issuance of the C.O. He didn’t see how this would be fair to charge a user fee before the residential unit is occupied. He stated that he looked up the definition for sewer user fee and is defined by the Webster Dictionary as follows: “a fee charged
for the use of something as one charged by a city government for the use of one of its services”. Therefore, he believes that someone should pay a sewer user charge at the time of the C.O. issuance, when there is a use of the system.
Chairman Carino asked Mr. Shaw if there is a permit issued once the sewer connection is been approved. Mr. Shaw responded that no, there is no permit but there is an inspection. The drain layer permit is issued before the connection. The Building Department inspects the project as is going along. The Public Works gets involved with it at the end of the period. There is a period of time, between connection to the sewer and completion of the construction activity.
Mr. Doolittle, Town Engineer, added that the contractor takes out a drain layers permit when they are ready to tie in the sewer main into the foundation. That can happen at any time in the process; it could happen before the foundation floor or after the house is framed, up and closed in. When that is done, and they connect the sewer drain the Engineering Department in effect approves it once it meets their criteria and is connected to the house. However, the engineer that issues that permit doesn’t look at anything inside the house. The Town Engineering Department does not have control or knowledge of where the rest of the plumbing is going inside the house when the water is connected.
Mr. Richard Kelley came before the Authority for the same matter. He disagrees with the billing for sewer user fees at the time of the issuance of the drains layer permit. He reported that when he takes out a building permit for commercial property he pays for sewers that are not used for a period of over ten (10) months. Mr. Kelley was asked by Chairman Carino when does he thinks is the appropriate time to start billing for sewer user fees? Mr. Kelley responded that at the time of the C.O. issuance. However, Mr. Kelley was referring to commercial use, not residential, therefore, he was told that commercial does not pay prorated user charges; they pay user fees based on water usage.
Following the public participation, a lengthy discussion ensued as to what would be the most appropriate time to start the assessment of sewer user fees for the new residential units. Mr. Aries suggested transferring the responsibility to the developer; he said that the developer should be required to provide the Town with evidence of the date that the water is being hooked up so that the Town can bill or refund. This will eliminate the need for administrative cost to the Town. It will be an incentive to the developer to bring in the information. It was decided that Mr. Shaw would look for more details as to how often people move in to the residential homes prior to receiving a certificate of occupancy. Also, if there is anything in the system that could trigger the starting
point of when the water is hooked up; and what is the time between the issuance of a building permit and the issuance of a certificate of occupancy.
- Lawrence Road Sewer Plan (Approval)
Mr. Shaw explained that the Town is prepared to begin the first phase of the Lawrence Road sewer project. The residents were informed at a previous neighborhood meeting that the sewers were going to be installed in the spring of 2009. However, the Town will be able to begin the process earlier this fall. Jeffrey Doolittle, Town Engineer and Robert Grillo, Project Engineer were in attendance to show the plans and answer any questions.
Jeffrey Doolittle, Town Engineer reported that there are no sewers on Lawrence Road with the exception between Vincent Circle and Spinners Run. There are areas throughout the southern and northern ends where there are no sewers. Last October, the WPCA discussed this project in conjunction with a Public Works proposal to rebuild the roads in this area. Town wanted to put in sewers and any other utilities in the ground before the road reconstruction. At this point, however, the Town funding was not approved for the road reconstruction project. However, Town wants to proceed with the sewers construction because there are concerns for area septic systems. Last October, a public meeting was held, and everyone from Lawrence Road and Cliffwood area were invited to look at the
Town’s preliminary concept planning. The majority spoke in favor of putting in sewers. One of the feedbacks received, was in the south section of Cliffwood Drive where there are no sewers and there are five or six houses that are not connected to a sewer on Cliffwood Drive. Town is currently planning in Phase 1, to extend the sewer along the north end of Lawrence Road providing service to thirteen (13) houses.
Phase II of this project include a section of Cliffwood Drive and possibly the southern section of Lawrence Road. The Engineering staff found that there are only two houses that are not currently connected to sewers between Spinners Run and Leah Lane. The two houses closest to Spinners Run are connected by means of a cross-country sewer main.
Mr. Doolittle also explained that under State Statute, Section 8-24 (Exhibit I), the Town shall not make any public improvements, including sewers until is referred to the Planning and Zoning Commission (P&Z). Therefore, Mr. Doolittle is requesting a referral from the Authority to P&Z. He explained that the Planning and Zoning Commission will consider it and report back to the Authority. If they report back favorable there is no further action required by the Authority. If they report back not in favor of this project, the Authority or any commission or board can still proceed with that project provided they have a 2/3 vote in favor of this project. Mr. Doolittle also stated that the Town is ready to move forward with the Phase I, therefore, they need approval from
the Authority to proceed with this project. The Town Engineer has contacted the water company, the gas company and they are not interested in extending the utilities. The Town is currently working with a contractor, selected by a competitive bidding process. Mr. Doolittle feels that since there is no other utility in the way, there is a very low traffic road, it will be a good time to get in there and get this project completed to help some of the people in this area with problem septic systems.
Robert Grillo, Project Engineer, presented the construction plans, as more specifically shown on plans entitled “Lawrence Road Sewer Phase 1, Town of South Windsor, Engineering Department, North Plan & Profile, Dated 10-02-08, Sheet 1 of 2, Contract No.: 07-805”. He reported that the project starts north of Vincent Circle. An 8 inch sewer will extend northward 1,060 feet to the northern terminus of Lawrence Road. Phase I will service thirteen (13) homes. The construction will be the same grade as the road for the sewer; the sewer will be kept at a depth of 10 feet. Currently, there are no other utilities; for the most part all of the houses on Lawrence Road are on wells. The homeowners were asked to locate their wells, and they did. A copy of the map of
each property was sent to the homeowners; they were asked to verify the information provided and to inform the Engineering Department with their preferred location for the lateral. As far as the actual construction goes, finding any ledge is not anticipated, but groundwater was found. There is a contractor on board for the drainage and sewer work.
Charles Waltous, homeowner of 239 Lawrence Road, was in attendance to express his concerns regarding this project. He stated that 239 Lawrence Road is one of the thirteen (13) houses to be connected to the sewer. In the fall of 2005 and spring 2006, Mr. Waltous reported to the Water Pollution Control Authority that his house leaching field failed inspections. He tried to make a strong case about getting the Town sewer in that year because he had money set in escrow for sewer problems. He was always told that he needed to have a unique reason for the sewer hookup. He had his engineer prepare plans for sewer connection, but the Town thought that it was too close to the catch basins, and therefore was not approved by the Town. At that time, Mr. Waltous couldn’t wait
to get town sewers. So, he installed a designed septic system in at a cost of $33,281. He knows that the WPCA will work with people in this Town, but he doesn’t need to hook up at this time because he has a brand new septic system; therefore, he does not feel that he should be charged with any assessment fees. Mr. Waltous expressed that he is looking for some consideration on this issue.
Chairman Carino advised Mr. Waltous that there would be no decision made this evening; however, his request will be considered. A decision will be made based upon the Town Attorney’s suggestions and the WPCA Rules and Regulations.
Motion to approve the Lawrence Road project as presented this evening by Town Engineer Jeffrey Doolittle and Project Engineer Robert Grillo.
The motion was made by Mr. Aries
Seconded by Mr. Siedman
The motion carried unanimously
Resolution Submitting Lawrence Road Sewer Extension Project to the Planning and Zoning Commission Pursuant to Section 8-24 of the Connecticut General Statutes (Attachment B).
WHEREAS, the Town of South Windsor Water Pollution Control Authority is planning on extending the sewers on Lawrence Road and the south end of Cliffwood Drive, and
WHEREAS, any plan to extend public utilities for sewerage by the Town must first be submitted to the South Windsor Planning & Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes
NOW, THEREFORE, BE IT RESOLVED that the Lawrence Road Sewer Extension project be submitted to the South Windsor Planning & Zoning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes.
The motion was made by Mr. Aries
Seconded by Mr. Siedman
The motion carried unanimously
- Nardi Breads, 45 Glendale Road (Approval to use private water meter)
Mr. Shaw reported that the owner of Nardi Breads requested use of a private meter to reduce their sewer user bill. Their claim was that much of the water they purchase from the MDC goes into their product, not into the Town’s sewer system. Mr. Shaw visited the business on three separate occasions, to review the operation and discuss possible locations for the meters. There were two areas where a private meter would be required.
Mr. Shaw suggested that meters be installed in the mixing area, and in the boiler room. There were no floor drains in either area. There was an appreciable amount of moisture in the drying ovens but that 99.9% of all water would be incorporated into the product. The two meters are already installed and Mr. Shaw confirmed that they were located in the correct location.
There is a procedure in place for this approval process. Mr. Shaw will write an approval letter to the applicant once WPCA has approved his request. The conditions that will be required include that he monitor, on a monthly basis, these meters to insure that the meters are operating correctly. The Town is allowed to do inspections of these meters. Also, the owner shall submit to the Town in January of each year, a written meter report on company letterhead for the proceeding calendar year.
Motion was made to approve the use of two private water meters at 45 Glendale Road meeting the program requirements for use of the private meters.
Motion was made by Mr. Dickinson
Seconded by Mr. Aries
The motion carried unanimously
- I-291 Corridor Utility Project (Update)
Mr. Shaw reported that the Town obtained two grants from the State Department of Economic Opportunity Development to extend sewers into the I-291 area. The purpose will be to encourage development in this area. The Town has about 1 million dollars in grants approved by the state and about $300,000 by the Town to complete this work. A thorough environmental assessment of the area was done by an outside environmental firm selected by the State. The Authority obtained a copy of the report from the study. The project area is over 400 acres, environmental obstacles were encountered in the middle of the area to be developed; these challenges are in a form of tiger beetle and grass hopper sparrows. Precautions need to be taken in this area to either protect or mitigate so as
to protect these endangered species.
In answer to Mr. Deming’s question about what would happen to the tiger beetles habitat; Mr. Shaw explained that the Town is required to meet certain laws of preserving certain species, endangered species such as the tiger beetles. The Town will try to find another site to where these insects can be relocated. The alternative to mitigating the site would be protecting the area by means of a permanent easement. Currently the sewers are located on Chapel Road. The State wants the Town to conduct an archeological study. This involves going out and hiring someone specialized in this field to test the area to determine whether there is anything of archeological interest. The state has also asked the Town to have one of the state archeologists to come out and walk the
site so that they can set the standards for such a study.
Mr. Shaw reported that looking at the potential development of this area, one possibility is to extend the sewers southward from Chapel Road and extend further eastward toward Ellington Road. Once the Town receives approval from the State, the Town will begin the engineering process. The Town would need approval from P&Z Commission, Zoning Board of Appeals, and Inland Wetlands Commission. There are easements already in place; there is a drainage easement that goes through the Charbonneau property, which starts from Chapel Road at the northwest corner of the property and extends southward toward the town parcel.
A copy of the WPCA Annual Report FY 07/08 was included with the agenda for review (Exhibit J). There were no changes recommended to Annual Report.
Motion was made to approve the WPCA Annual Report for Fiscal Year 2007/2008 as shown on Attachment C.
The motion was made by Mr. Siedman
Seconded by Mr. Dickinson
The motion carried unanimously
D. COMMUNICATIONS AND REPORTS
Mr. Shaw reported that the State Election Enforcement committee approved an explanatory text the Town could use for the purposes of providing the residents with information concerning the two projects (Plant and Dry Pit Pump Station Upgrades) on the referendum. The Town Council directed the Town Manager to prepare the explanatory text and have the Town Attorney review and approve it. The explanatory text should be finalized this week. The Town wants to mail to the residents information on these two projects as well as the school project.
Mr. Shaw also reported that he was informed by the Finance Office that the residential billing is going out late. Apparently there was some kind of a communication problem with outside printing company. The due date will remain the same. Some people may object to that; however, answering a question from Mr. Dickinson, Mr. Shaw responded that the law says that the Collector of Revenue does not have to send a bill.
Mr. Shaw included in his report that he asked the Town Attorney for his opinion in regards to Item H of the WPCA Agenda. The Town Attorney responded that rather than shorting the title, it should be longer so as to describe the subject of the executive session. He said that although there are no minutes to be kept, that people should be informed as to the subject of the discussion.
Chairman Carino expressed his concerns; he stated that the way Item H reads is very specific to discuss pending claims only. So, he feels that the wording is putting restrictions to the Authority. He feels that the Authority should be entitled to discuss personnel issues; and therefore he does not accept the Town Attorney’s answer. Mr. Shaw is to ask the Town Attorney on how to add to the Agenda personnel issues.
E. PUBLIC PARTICIPATION
Mr. Richard Kelley expressed his concerns to the Authority. He emphasized that “things are out of wack” here in the Town of South Windsor. He stated that Mr. Fred Shaw and the Town’s Environmental Health Officer are coming under a lot of criticism. He is going around to the retail establishments and making them do things that were approved years ago, such as grease traps, with the excuse that the Sewer Commission is requiring it.
The Authority explained to him that the Fats, Oils, and Grease Regulation is a State requirement and Town sewer regulation.
Mr. Kelley stated that Mr. Shaw and Chairman Carino are the only two people that the public has seen on the sewer referendum. He feels that the Authority should meet with the Town Council to make some decision as to who is going to pay for the Treatment Plant Upgrade, whether just the users or everybody. He said that it is time for the citizens to demand to have a lesson plan made out so that they know where the Town is going this year or five years from now.
A brief discussion ensued regarding Mr. Waltous; this would be added to the Agenda as an Item under Unfinished Business.
F. BILLS, CHANGE ORDERS, DISBURSEMENTS
None
G. UNFINISHED BUSINESS
None
H. MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS
None
I. ADJOURNMENT
Motion to adjourn the meeting at 9:00 p.m.
Was made by Mr. Havens, Jr.
Seconded by Mr. Siedman
The motion carried unanimously
______________________________
Ether A. Diaz
Recording Secretary
Originally Posted: October 16, 2008
Date Approved: November 5, 2008
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