A. ROLL CALL
Members Present: Joseph Carino, Thomas Deming, Robert Dickinson, Frank Ferrero, Carol Fletterick, Edward Havens, Jr., and William Vees
Alternates Present: Richard Aries and Richard Siedman
Staff Present: C. Fred Shaw, Superintendent of Pollution Control
Ether A. Diaz, Recording Secretary
Chairman Joseph Carino called the meeting to order at 7:30 p.m. The following actions were taken during the June 1, 2010 Regular Meeting of the W.P.C.A.
B. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS
1. May 4, 2010, Regular Meeting
The minutes were modified as follows:
On the first page, the minutes refer to a “special meeting”. This was a regular meeting, therefore, the sentence should read as follows: “The following actions were taken during the May 4, 2010 Regular Meeting of the W.P.C.A.”
On page three, the 4th paragraph, 3rd sentence it was suggested to change the word “will” to “could”. Therefore, the sentence should read as follows: “Mr. Frank Ferrero stated that every unit could be billed the minimum charge plus the overage;…”
On page three, the 3rd paragraph, which refers to Plum Ridge and Parkview South Condominiums are the only associations that have individual meters because they are provided by the CT Water Company. Mr. Ed Havens, Jr. and Chairman Carino asked for some clarification. Mr. Fred Shaw responded that all water companies provide water meters, however, only Plum Ridge and Parkview South Condominium are the only two Condo associations that have individual unit meters; the other ten condominiums have just one or two meters to read the flow from all the condominium units in the association.
Motion was made to approve the May 4, 2010 Minutes as amended.
The motion was made by Mr. Ed Havens, Jr.
Seconded by Chairman Carino
Mr. Robert Dickinson abstained, the vote passed.
C. NEW BUSINESS
Mr. Fred Shaw asked members of the Authority to add to the Agenda 435 Chapel Road for sewer charge adjustments.
Motion was made to add to the Agenda, Item C1: 435 Chapel Road for Commercial User Charge Adjustments.
Motion was made by Mr. Thomas Deming
The motion was seconded by Mr. William Vees
The motion carried unanimously
1. Commercial User Charge Adjustments FY 2009/2010 (approval)
- 735 John Fitch Blvd.
Mr. Fred Shaw explained that the property owner brought to his attention about the fee that was charged back in FY 2008/2009. This particular property was connected to the sewer in April 9, 2008. Mr. Shaw also explained that the Town normally does not assess a user fee until the next complete year of water consumption rate. The property owner was charged for the full year when in fact he was not connected to the system unit the final quarter of 2008. Therefore, Mr. Shaw is asking for an adjustment for FY 2008/2009 when the property was not connected.
A brief discussion ensued, and the subject was raised as to why not bill the property owner the minimum charge of $340. Mr. Shaw explained that there are no flow figures at the time of billing, and the intent has been to bill commercial firms in Town flow figures for the proceeding calendar year.
Motion was made to approve the adjustments of the User Charge from $264 to $0 for the sewer user bill FY 07/08 and from $430 to $304 for the sewer user bill FY 2008/2009 for property located at 735 John Fitch Blvd., as recommended by Mr. Fred Shaw in the Memorandum dated June 1, 2010. (See Exhibit A)
The motion was made by Mr. Thomas Deming
The motion was seconded by Chairman Carino
The motion carried unanimously
- 668 Sullivan Avenue
Mr. Shaw explained that in this case, the water company (CT Water Company) reported the single meter reading for both residential and commercial water usage. Mr. Shaw inspected the site and looked for any drains; he reported that there is only one meter at this property commercial site, which is used by the house and the business. The owner has been billed separately for the residential flow consumption. The business operation is small and involves one or two employees for the seasonal business. Other than a small lavatory, there is no other commercial water discharged to sewer.
A brief discussion ensued, and it was concluded that the business is opened only part of the year. Chairman Carino asked if a second meter should be installed at this property. Mr. Fred Shaw responded that the water probably is used to water the plants and it does not go into the sewer, therefore, he does not recommend having a second meter installed at this property; everyone agreed.
Motion was made to approve the adjustments of the User Charge from $951.66 to $340 for the sewer user bill FY 2009/2010 for property located at 668 Sullivan Avenue, as recommended by Mr. Fred Shaw in the Memorandum dated June 1, 2010. (See Exhibit A)
Motion was made by Mr. Frank Ferrero
The motion was seconded by Mr. Thomas Deming
The motion carried unanimously
- 435 Chapel Road
In the situation of 435 Chapel Road, Mr. Fred Shaw explained that the problem was a data entry error. An extra zero was added in the flow figure.
Motion was made to change the flow figure from 1,862,520 to 186,252 and approve the adjustment of the User Charge from $6,809.37 to $680.94 for the sewer user bill FY 2009/2010 for property located at 435 Chapel Road, as recommended by Mr. Fred Shaw in the Memorandum dated June 1, 2010. (See Exhibit A)
Motion was made by Mr. Frank Ferrero.
The motion was seconded by Mr. Robert Dickinson
The motion carried unanimously
2. Proposed Sewer Rates for FY2010/2011 (approval)
Mr. Fred Shaw reported that the proposed sewer rates were reviewed with the Town Council at the special meeting that was held with members of the WPCA, Town Council, and Town Attorney and Bond Attorney. Mr. Shaw reported that he had contacted the Bond Attorney to establish a draft policy for the Town Council to use in the payment of the Plant debt service through property taxes. The Bond Attorney responded that in the case of the Intertown Sewer Agreements, in particular with the Town of Manchester, it is clear in the wording that the Town of South Windsor cannot charge these out of town users for debt service unless is in the Town user fee.
Another factor Mr. Shaw explained was that in the past, funds have been set aside in anticipation of meeting the debt service in the future. And he suggested to the Authority to defer any decision until they write a letter to the Town Council and obtain their commitment in the form of a resolution confirming their intention to cover the debt service.
Mr. Thomas Deming made reference to Mr. Robert Benson’s comments at the Public Hearing this evening. He explained that Mr. Benson expressed that the user fees should go down if the Town received a grant and a loan. Mr. Deming explained that he feels that part of the problem is that the public is not informed that the grant and low cost loan was specifically for the upgrade of the plant. Mr. Fred Shaw stated that the next suggestion would be to include some information with the next billing.
In response to Mr. Yagaloff comments on the proposed definition, Mr. Shaw explained that he did obtained the definition from the DEP Rules and Regulations and he will provide that information to the Authority for further review.
Mr. Deming moved to postpone this Item until the Authority write a letter to the Town Council and further information is obtained.
Motion was made to postpone this Item until further information is obtained from the Town Council.
Motion was made by Mr. Thomas Deming
The motion was seconded by Mr. Robert Dickinson
A discussion ensued, therefore the motion failed. Mr. Fred Shaw explained that Items that were not on the Public Hearing agenda were raised at the Public Hearing by Mr. Yagaloff. Mr. Shaw explained that he felt that the term “reserve fund policy” should be defined. However, there was a consensus that Chairman Carino will write a letter to the Mayor indicating that the Authority feels that answers were not provided at the last joint meeting, and therefore, they’ll ask for another joint meeting with the Town Council members, the Town Manager, the Town Attorney and the Bond Attorney.
Motion was made to table Item C2 and C3 until the Town further information is obtained.
The motion was made by Mr. Thomas Deming
The motion was seconded by Mr. William Vees
The motion carried unanimously
3. Revisions to WPCA Rules and Regulations (approval)
This item was postponed.
4. Set time and place for July, 2010 WPCA meeting
Motion was made to hold the next WPCA Regular Meeting on Tuesday, July 13, 2010 at 7:00 p.m. in the Sprenkel Room.
Motion was made by Mr. Thomas Deming
The motion was seconded by Mr. William Vees
The motion carried unanimously
5. Proposed Water Pollution Control Reserve Fund Policy
Mr. Shaw mentioned that this particular policy the intent would eventually be shared by the WPCA with the Town Council once the WPCA and the Town Attorney had reviewed it.
D. COMMUNICATIONS AND REPORTS
None
E. PUBLIC PARTICIPATION
None
F. BILLS, CHANGE ORDERS, DISBURSEMENTS
None
G. UNFINISHED BUSINESS
1. Commercial/Industrial Condominium User Charge Billing (discussion)
Mr. Fred Shaw reported that he sent a request for a legal opinion to the Town Attorney; Mr. Shaw talked to him and answered some of his questions. Mr. Shaw anticipated a response for this meeting; but the Town Attorney said that he has more questions that he wants to review. Mr. Shaw suggested that the Town Attorney attend the next meeting.
Everyone agreed and Mr. Shaw will ask the Town Attorney to join the next WPCA regular meeting. He explained that the sewer user charge formula is based upon water discharge and a per unit flat rate is used only when there is no water consumption data. Mr. Richard Siedman responded that he agrees with what Mr. Keith Yagaloff explained at the Public Hearing because he does agree with charging the commercial condominiums the minimum charge.
Mr. Richard Aries responded that we would like to explore the concept, because he thinks it will add to the revenue stream. However, he expressed concern about how to get that accomplish in a seamless way so that those people who are purchasing a condominium are informed in a proper timely manner. In his view, the condominium buyer would need to be advised. These are things to be explored. Mr. Aries explained that he was very disappointed when Attorney Keith Yagaloff seem to criticized the Authority for not acting on this issue, when in fact he indicated that he has been listening to the last WPCA recorded meeting where the Authority has previously discussed and is still discussing this issue. Therefore, Mr. Aries find very unfair for Mr. Yagaloff to suggest that the Authority have done nothing
to resolve this matter. He also added that Attorney Yagaloff made some comments about how he was upset when he heard some people where disparaging him. Mr. Aries knows that they both went to the same law school and therefore he will say to him that “hear say” is a very weak evidence to base any kind of factual assertions on. So, he hopes that Attorney Yagaloff doesn’t make those public charges again.
Chairman Carino stated that the Authority have been studying and discussing this matter. Mr. Ferrero added that everyone understand that when the Authority is talking about the condominiums in this Town and Mr. Shaw had put together a list listing all the condominiums here in Town, the number of units, and the number of meters per unit. Somewhere along the line, he explained, the Town policy changed because the new condominiums are now individually metered.
Mr. Aries explained that for those condominium units that do not have the individual meters, there still be a question about just making sure that the property seller can properly notify the prospective buyer, so that the line of communication be clear.
Mr. Robert Dickinson commented that he agrees with billing the commercial condominiums same as the residential homes. He believes that everyone should be metered. In response to that, Chairman Carino advised the Authority to keep in mind that when the system was set up 40 years ago, it was based on the flow coming out of a building. The concept of the sewer system was that the users pay for the water that needs to be processed at the treatment plant. And it is measure by how much water comes from each building. Mr. Richard Siedman, Mr. Thomas Deming, Mr. Fran Ferrero and Mr. Robert Dickinson responded that the Authority does not follow that concept. For example, Mr. Dickinson said that he has a meter and he still charged the standard fee.
H. MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS
None
I. ADJOURNMENT
Motion was made to adjourn the meeting at 9:00 p.m.
The motion was made by Mr. Thomas Deming
Seconded by Mr. Siedman
The motion carried unanimously
Respectfully Submitted,
______________________________
Ether A. Diaz
Recording Secretary
Approved Date: July 13, 2010
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