WATER POLLUTION CONTROL AUTHORITY
TOWN OF SOUTH WINDSOR
REVISED MINUTES REGULAR MEETING
SPRENKEL ROOM PAGE 1 JANUARY 4, 2011
A. ROLL CALL
Members Present: Joseph Carino, Thomas Deming, Robert Dickinson, Frank Ferrero, Ed Havens, Jr., and William Vees
Member Absent: Carol Fletterick
Alternates Present: Richard Aries sitting in for Carol Fletterick
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 7:10 p.m. The following actions were taken during the January 4, 2011 Regular Meeting of the W.P.C.A.
B. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS
1. December 7, 2010, Regular Meeting
Motion was made to approve the minutes of the December 7, 2010 Regular Meeting, as presented.
Motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Frank Ferreo
The motion carried unanimously
C. NEW BUSINESS
1. Establish proposed Lawrence Road and Cliffwood Drive Sewer Assessments
Mr. Fred Shaw reported that there were some legal questions regarding the assessments which were raised at the public hearing that he will need to direct to the Town Attorney for legal opinion. For example, Mr. Fred Shaw will review the State Statutes and will ask the Town Attorney for the possibility of reducing the 6% interest rate to a lower rate.
Mr. Shaw was asked to explain the details of the property located at 239 Lawrence Road. Mr. Shaw explained that previously the WPCA received petition from property owners along Lawrence Road requesting sewers. However, once they were notified that they will need to pay for their sewers, the interest disappeared and their septic systems were working fine. The Health inspector, at that time, conducted a site survey and a question/answer survey with the Lawrence Road owners to confirm that their septic system was working correctly. Mr. Charles Waltos, property owner of 239 Lawrence Road, previously came before the Authority requesting sewers on Lawrence Road because his system had failed and it was expensive to put in a designed engineering system. At the time, he had an option to put in a sewer
of his own to extend his property. Mr. Waltos was also asked to put in the “T” for his property so that people along the way will tie into. Mr. Waltos was very reluctant to do that, and opted to put in a designed engineer system. He made it very clear to the Authority that he feared that, in the future, the Town would install sewers after he installed his expensive engineered septic system. Now that the Town did put in sewer on Lawrence Road, Mr. Waltos is asking the WPCA to waive his property sewer assessment fee. Mr. William Vees asked what options are available in this occasion. Mr. Fred Shaw responded that the State Statutes allows for the WPCA to take other factors into consideration when making their decisions concerning sewer assessments. It is up to the WPCA to consider what is fair and equitable under the State Statutes. Mr. Shaw will provide at the next WPCA meeting a copy of the State Statutes for
review.
Mr. William Vees also asked if there any precedence similar to this matter. Mr. Fred Shaw responded that yes there is one. There is a force pump system on Pleasant Valley Road, in which a couple of property owners extended the sewer line bypassing a few other houses and those property owners did not have to pay the Town sewer assessments until they will be connected to sewer.
Mr. Frank Ferrero asked what would happen should the Authority decides to waive the sewer assessments for the property located at 239 Lawrence Road and then the property owner decides to sell the house a year later; “would that be something to continue on for the future buyer”? Mr. Fred Shaw stated that a notice should be placed on the Land Records, and that he will seek an answer from the Town Attorney.
Mr. William Vees commented that is very important for the Authority to consider the uniqueness of each situation as it relates to precedence in the past for consistency following the State Statutes.
Mr. Richard Aries moved to make the following motion:
Motion was made to defer final approval of the proposed Lawrence Road and Cliffwood Drive sewer assessments (see Exhibit A), until the next meeting, pending the answer to questions that have to be considered by the Town Attorney.
The motion was made by Mr. Richard Aries
The motion was seconded by Mr. Robert Dickinson
The motion carried unanimously
D. COMMUNICATIONS AND REPORTS
1. Treatment Plant Upgrade (Progress Report)
Mr. Fred Shaw reported that the Treatment Plant is about 67% complete. The Town has taken partial occupancy of the shower room, locker rooms, lunch room and training facilities and was in the process of relocating the current laboratory into the new building. The substantial completion of this project is scheduled for December 4, 2011.
Chairman Carino asked if any major problems with the construction have been reported. Mr. Fred Shaw answered there has not been any major problems reported, however, there has been change orders which are normal for projects of this type, which do mean additional cost. However, some of the change orders are going to be paid in full by Connecticut Light and Power (CL&P).
Mr. Fred Shaw also reported that updated information is also available on the Town’s webpage; and in this month, there will be script for a television show about Pollution Control which will include this project.
2. Dry Pit Pump Station Upgrade (Progress Report)
Mr. Fred Shaw reported that the Town is progressing with the updating of the design. It is expected that the project will go out to bid before the end of this month. The construction is expected to begin by April 2011 and substantially completed by the end of 2011 or early 2012.
3. Ellington Road Pump Station Upgrade (Progress Report)
Mr. Fred Shaw reported that this project is substantially completed.
E. PUBLIC PARTICIPATION
None
F. BILLS, CHANGE ORDERS, DISBURSEMENTS
None
G. UNFINISHED BUSINESS
1. Commercial Condominium User Charge
Chairman Cairno reported that he provided Mr. Fred Shaw with a comprehensive list of questions that he feels need to be answered before making any final decision on this subject matter. For example, the WPCA approval for the second phase of the Wentworth Park project was stated that only a single meter billing would be sent to the condominium association. In this case, one of the question that was directed to the Town Attorney to answer was, should the Authority decide to change the current billing procedure, will the Authority be violating this project approval; however, the Town Attorney has not yet provided his legal opinion on this question.
Also, Chairman Carino reported that in the database previously provided by Fred Shaw, there are 11 buildings in Evergreen Walk. He asked, how the Authority can make a good sound decision as to how to charge Evergreen Walk unless they know what’s in those buildings; or what kind of business it is. Chairman Carino reported that he asked Carol Fletterick to closely follow this subject matter because the WPCA minutes don’t include any final decisions or temporary decisions on this subject matter.
Once Mr. Fred Shaw provides the requested information to the Authority, a special meeting will be scheduled just for the purposes of discussing this subject.
On a different subject matter, Mr. Richard Siedman asked Mr. Fred Shaw how much money is available in the WPCA reserve. The reason to his question is because he has been talking to a couple of Council members which are saying that the WPCA have the money set aside for the first debt service payment of the Treatment Plant. Chairman Carino answered that two letters have been sent to the Town Council requesting their acknowledgement of making the first payment due coming 2013. However, the Town Council hasn’t responded yet.
Mr. Fred Shaw reported that in the latest Town Manager’s Report, the Town Manager raises this issue and expressed the need for the Town Council to come to some decision concerning the debt service for the Treatment Plant.
Mr. Ed Havens, Jr. asked if there is anything in writing where the Town Council commits to pay the debt service for the Treatment Plant. Mr. Fred Shaw responded only in the resolution and comments to the press. Mr. Havens, Jr. recommended transcribing the minutes.
Mr. Fred Shaw was asked to seek the legal opinion from the Town Attorney as to whether or not the Town Council is liable once they promised to pay for the debt service of the plant and there was a Referendum for a commitment that has to be paid in 2013.
Mr. Fred Shaw also reported that the Town Manager has requested another opinion from the Town Attorney concerning the powers and authorities of the WPCA. The Town Attorney is working on this subject matter. Mr. William Vees asked if is possible to have the WPCA liaison involved in this subject matter. Mr. Richard Aries commented that the WPCA have been giving representation to the Town Council on number of occasions so as to assure proper funding from year to year. This is all in the records.
Mr. Fred Shaw reported that the State Statutes give to the local municipalities the power to decide how to pay for debt service. In the original application submitted for Clean Water Fund grant, it was represented that the debt service would be paid through the user fees. The Town Council and the WPCA have to come to some agreement about this, especially now that budget is being prepared for FY 2011/2011.
H. MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS
None
I. ADJOURNMENT
Motion was made to adjourn the meeting at 8:10 p.m.
The motion was made by Mr. Thomas Deming
The motion was seconded by Mr. Ed Havens, Jr.
The motion carried unanimously
Respectfully Submitted,
______________________________
Ether A. Diaz
Recording Secretary
Originally Posted: January 11, 2011
Approved Date: March 1, 2011
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