A. ROLL CALL
Members Present: Joseph Carino, Thomas Deming, Frank Ferrero, Edward Havens, Jr., and William Vees
Members Absent: Robert Dickinson, Carol Fletterick
Alternates Present: Richard Siedman sitting in for Robert Dickinson
Alternates Absent: Richard Aries
Staff Present: C. Fred Shaw, Superintendent of Pollution Control
Ether A. Diaz, Recording Secretary
Others: Atty. Wayne Gerlt, representing Mitchell Subdivision
Dustin Mitchell, Applicant
Chairman Joseph Carino called the meeting to order at 7:00 p.m. The following actions were taken during the May 4, 2010 Regular Meeting of the W.P.C.A.
Mr. Richard Siedman was appointed by Chairman Carino to sit in for Mr. Robert Dickinson.
B. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS
1. April 6, 2010, Regular Meeting
Motion was made to approve the April 6, 2010 Minutes as presented.
The motion was made by Mr. Ed Havens, Jr.
Seconded by Mr. Thomas Deming
The motion carried unanimously
C. NEW BUSINESS
1. Mitchell Subdivision, East Windsor (final approval)
This application previously received conceptual approval from the South Windsor Water Pollution Control Authority (WPCA) to service a 3 lot subdivision by means of a common private building sewer line to be connected to the existing public sanitary sewer main on Griffin Road. The applicant was in attendance requesting final approval of this application; however, Chairman Carino reported that he has reviewed the maps and noticed that the proposal has change from its original request. The applicant has changed his request from a 3 lot subdivision to a two lot subdivision. Therefore, he requested that this application be considered as a new application. He also noted that the drawings did not define the technical aspects of the proposed sanitary sewer. The Chair also asked Mr. Shaw if he is
satisfied with the description provided in the plans. Mr. Shaw explained that the plans do describe the proposed sanitary lateral size and slope and he is satisfied with the description as provided.
Atty. Wayne Gerlt was in attendance representing this application. He explained that he was able to obtain approval from the State of Connecticut to add this area as a sewer service area in the Town of East Windsor. Previously, they asked approval to connect three lots to the South Windsor sanitary sewer on Griffin Road. Now, they are requesting approval to service only two single residential lots. Atty. Gerlt explained that this has not yet been approved by the East Windsor Planning & Zoning Commission and that the East Windsor WPCA approval is subject to the prior approvals of the South Windsor WPCA.
Mr. Richard Siedman asked if an agreement with the Town of East Windsor is necessary for debt service billing purposes. A discussion ensued and Mr. Fred Shaw explained that under the State Statue the Town of South Windsor is allowed to recover the user fees or all other costs necessary, including debt service. He also explained that there are two other houses from the Town of East Windsor that have been served by South Windsor sanitary sewer and that this applicant will be billed in the same way.
Upon review of the plans, Chairman Carino recommended that as a condition for approval, the proposed 8 inch sanitary building sewer between the proposed manholes be changed to a 6 inch building sewer to service the proposed 2 lot subdivision. With no further questions or comments to the applicant, the Authority moved to approve this application as follows:
Motion was made to approve the application for connection to the Town’s sewerage system of a proposed 2 lot single family residential subdivision in East Windsor, CT; and as more specifically shown on plans entitled “Resubdivision Plan; Mitchell Resubdivision Prepared for Dustin Mitchell, East Windsor and South Windsor, Conn.”, prepared by Aeschliman Land Surveying, PC, East Hartford, CT. Sheet No 2 of 3 “Topographic Map” Dated 1-13-10 and Revised on 4-19-10 “Staff Comments” and 4/1/10. This approval is subject to the following conditions:
1. The proposed 8 inch sanitary building sewer between the proposed manholes should be changed to a 6 inch building sewer to service the two houses.
2. The property owner will be billed with the same sewer charge that is billed to out of town sewer users.
3. Final Approval of the East Windsor WPCA.
Motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Frank Ferrero
The motion carried unanimously
2. Commercial/Industrial Condominium User Charge Billing (discussion)
Mr. Fred Shaw’s opening remarks were that at the previous WPCA meeting an issue was raised as to how the Town bills commercial firms through out the Town and in particular how that may be different in the case of commercial/industrial condominiums. He explained that the Town currently bills the commercial firms where there is a water meter available to measure the amount of water that goes into the sewer system. Mr. Shaw provided a list to the WPCA that he obtained from the Town’s Assessor’s Office listing all the Commercial/Industrial Condominiums (Exhibit A). He also provided a copy of the Residential Condominium Sewer User Charge Billing Options (Exhibit B). Mr. Shaw explained that the Town obtains data from the water companies and bill these commercial/industrial properties based upon water usage.
Mr. Richard Siedman expressed that he is proposing a change in the billing policy to be able treat Commercial/Industrial Condominiums same as Residential Condominiums, where there should be charged the minimum fee of $340 for 93,000 gallons plus overage per unit.
Mr. Fred Shaw explained that there are 12 residential condominiums in total here in Town; ten of them are served by MDC Water Company, and the other 2 condominiums (Plum Ridge and Parkview South) are served by CT Water Company; Plum Ridge and Parkview South Condominiums are the only associations that have individual meters because they are provided by the CT Water Company.
A lengthy discussion ensued, and the question was raised as how to have everyone in Commercial/Industrial Condominiums install individual meters. Mr. Haven’s commented that he does not think the WPCA can mandate that these occupancies install a single meter. Mr. Frank Ferrero stated that every unit could be billed the minimum charge plus the overage; the overage will become a common expense to that condominium.
Once again, Mr. Richard Siedman expressed that he would like to come up with a policy that would change the billing process for the Commercial/Industrial Condominiums. Mr. Fred Shaw was asked to request legal opinion from the Town Attorney and report back to the WPCA for further discussion on this Item.
Motion was made to table discussion of this Item until Mr. Fred Shaw obtains legal opinion from the Town Attorney.
Motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Thomas Deming
The motion carried unanimously
3. Sewer User Charges – FY 2010/2011
A copy of the proposed sewer user fees (Exhibit C) for purposes of the public hearing was included with the Agenda. Mr. Shaw explained that these fees have changed; the sewer assessment charges have increased by 2.7% over the past year based upon the urban CPI. The proposed septic disposal fee was increased by 2.6% to reflect projected operating increases.
Mr. Shaw explained that based on his projections for this FY 2010/2011 if the debt service for the WPCF Upgrade is paid through property taxes, there will be no increase in the user fee for next fiscal year; it will stay at $340. If, however, the Authority decides that the debt service for the Treatment Plant Upgrade should be paid through sewer user charges, the charges will increase to $357 for FY2010/2011; the first debt service payment for the plant upgrade will not be due until September 30, 2013. At that time there will be a difference of $53 per user charge difference between whether the Town pays the debt service through the user fees or through property taxes (see Exhibit D).
The Town Council recommendation to the WPCA was to proceed with a Referendum this fall for the three pump stations, and to make no contributions to the Reserve Fund. The Authority at an earlier meeting decided that it was unlikely that a second referendum for the pump stations would be successful. However, as discussed in the past, the word “Capital” is not defined in the State Statue, DEP Regulations, WPCA Regulations, or in any Town ordinance. Therefore, for the purposes of further discussion Mr. Shaw will provide a draft of what a policy might be concerning a reserve fund; this will be considered at another meeting. He explained that there are multiple purposes for this policy, one to reduce the risk of future variations in expenditures and in revenues and to establish a sound
financial plan to maintain all treatment facilities. Mr. Shaw distributed at this meeting a draft Reserve Fund policy for W.P.C.A. consideration.
In further discussing the proposed User Charges, Mr. Shaw explained that the Town staff provided two options for Town Council consideration (Exhibit E); The original Council recommendation would reduce the current sewer charge by 32% (from $340 to $232); Option 1 involved restoring the pumping stations. Under this option these would be decreased in the current sewer charge of 15% from ($340 to $299). Under Option 2, both the pump stations would be funded and some contribution ($250,000) would be made to the
Reserve Fund. Upon reviewing these Options, Mr. Richard Siedman stated that he would support the referendum for the three (3) additional pump stations. A discussion ensued, and the Authority came to conclusion for Option 1. This decision is based upon the WPCA consideration of the current difficult economic conditions and that the WPCA will defer contributions to the Reserved Fund; that the WPCA will only fund just those things that minimally will require keeping the system operating properly plus the pump station upgrade.
Motion was made to present for purposes of a public hearing the proposed decreased rate of user charges by 15%, from $340.00 to $288.00 as recommended by Mr. Shaw (see Exhibit C and Exhibit E) due to the Difficult Economic Times and that the WPCA has deferred contribution to the Reserve Fund.
Motion was made by Mr. Frank Ferrero
Motion was seconded by Mr. Ed Havens, Jr.
The motion carried unanimously
4. Revisions to W.P.C.A. Rules and Regulations (discussion)
Included with the agenda, there was a copy of the proposed changes to the WPCA Rules and Regulations. Mr. Fred Shaw explained that one of the changes involves the addition of two new definitions to Section I; the definition of “Pollution Abatement Facility” and the definition of “User Charge System” (see Exhibit F).
The second proposed change to the Rules and Regulations, Section 16, was in response to the Authority’s request to include a deadline for commercial/industrial property owners to comply each year in providing to the Town written confirmation of their private meter readings for the purposes of sewer billing. This change is reflected in yellow in Section 16.3 “Small Industries” and Section 16.4 “Major Industries” of the Rules and Regulations (Exhibit G).
In reviewing the proposed definition of “Pollution Abatement Facility” (Exhibit F), Mr. William Vees asked why the word “capital” is used. Mr. Shaw answered that the definition is taken from the State Statue and DEP regulations (see Sec. 22a-423). Also, in reviewing this definition, Chairman Carino expressed that the definition does not refer to everyone having an equal sewer charge. With that being said, Mr. Richard Siedman expressed concerned and stated that he would not vote
in favor of this definition as this would not allow for the Authority to change the billing practice as he proposed. He also expressed that the word “capital” should not be used in the “Pollution Abatement Facility” definition as there is no definition for it. Chairman Carino stated that this definition for “Pollution Abatement Facility” is not defining the word “capital” and that the word that the Town Council and the WPCA is trying to define is “Capital Project”. In further reviewing the proposed changes, Mr. Shaw responded that these definitions were recommended by the Town Bond Counselor.
Upon approving the proposed changes to the WPCA Rules and Regulations, Chairman Carino was asked to cast the vote for each item individually.
Motion to approve revisions to the Water Pollution Control Rules and Regulations, Section 16 as recommended by Mr. Shaw (see Exhibit G).
Motion was made by Chairman Carino
The motion was seconded by Mr. Thomas Deming
The motion carried unanimously
Motion was made to approve the addition to Section 1 “Definitions) of the Water Pollution Control Rules and Regulations (see Exhibit F).
The motion was made by Chairman Carino
The motion was seconded by Mr. William Vees
The motion passed with 4 in favor (Chairman Carino, Thomas Deming, Ed Havens, Jr. and William Vees), 1 opposed (Richard Siedman) and one abstained (Frank Ferrero).
5. Set Time and Place for Public Hearing (user charge rates and regulations revisions)
As every year, the Water Pollution Control Authority holds a public hearing in June for purposes of presenting the proposed Sewer User Charges. Mr. Fred Shaw recommended scheduling the Public Hearing to be held on Tuesday, June 1st in the Council Chambers to establish proposed sewer user rates and proposed changes to the South Windsor Water Pollution Control Rules and Regulations, Sections 1, 16.3 and 16.4.
Motion to schedule the WPCA Public Hearing for Tuesday, June 1, 2010 at 6:30 p.m. in the Council of Chamber followed by the WPCA Regular Meeting at 7:00 p.m.
Motion was made by Mr. Thomas Deming
Motion was seconded by Mr. Frank Ferrero
The motion carried unanimously
6. Commercial User Charge Adjustments FY 2009/2010 (approval)
Mr. Shaw explained that 658 Ellington Road is a two lot property. One lot is a business in Town and the other lot is a residential home. The water company, MDC, report included both business and residential flow for this property. Mr. Shaw explained that the business flow is only 365,024 gallons, and therefore, he recommended that the user charge be changed from $1,875.92 to $1,334.50 in order to avoid double billing for the residential flow.
Motion was made to approve the adjustments of the User Charge from $1,872.92 to $1,334.50 for the sewer user bill FY 2009/2010 for property located at 658 Ellington Road, as recommended by Mr. Fred Shaw in the Memorandum dated May 4, 2010. (See Exhibit H)
Motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously
D. COMMUNICATIONS AND REPORTS
Mr. Shaw provided a copy of a Memorandum dated May 4, 2010 from the Town Engineering Department staff (Exhibit I). He explained that as recommended by the WPCA, letters were sent out to the four property owners on West Road inquiring as to their interest in connection to the public sewer. Three of the four residents have responded that they are not interested. As of this date, the Town Engineering Department has not received any response from the fourth resident.
E. PUBLIC PARTICIPATION
None
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 9:45 p.m.
The motion was made by Mr. Thomas Deming
Seconded by Mr. Richard Siedman
The motion carried unanimously
Respectfully Submitted,
______________________________
Ether A. Diaz
Recording Secretary
Originally Posted: May 11, 2010
Date Approved: June 1, 2010
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