A. ROLL CALL
Members Present: Joseph Carino, Ed Havens, Jr., and William Vees
Member Absent: Robert Dickinson, Frank Ferrero, and Carol Fletterick
Alternates Present: Richard Aries sitting in for Carol Fletterick
Richard Siedman sitting in for Frank Ferrero
Staff Present: C. Fred Shaw, Superintendent of Pollution Control
Ether A. Diaz, Recording Secretary
Others: Timothy Coon, J. R. Russo & Associates, LLC
Patrick Gorman, Land Resource Consultants, Inc.
Galen B. Semprebron, Design Professionals
Chairman Joseph Carino called the meeting to order at 7:00 p.m. The following actions were taken during the March 1, 2011 Regular Meeting of the W.P.C.A.
B. ACCEPTANCE OF MINUTES OF PREVIOUS MEETING
1. January 4, 2011, Public Hearing
Motion was made to approve the minutes of January 4, 2011 Public Hearing as presented.
The motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Richard Siedman
Motion was made to approve the minutes of January 4, 2011 Public Hearing as amended.
The motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously
2. January 4, 2011, Regular Meeting
Motion was made to approve the minutes of the January 4, 2011 Regular Meeting as amended.
The motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously
C. NEW BUSINESS
1. FedEx Ground Distribution Center, 40 Kennedy Road – Approval to Connect
Mr. Timothy Coon from J. R. Russo & Associates, LLC was present representing the applicant JDC Developments, LLC and FedEx. This project would be located on the corner of Sullivan Avenue and Kennedy Road. The proposal is to construct a distribution center which will be completed in two phases. At final completion the building will be approximately 300,000 square feet in size. There will be a secured area around the proposed building which will be for tractor and trailer parking. As part of phase II there will be a maintenance garage for the trucks. The building will hold offices and bathroom facilities; the application’s request includes a connection to the existing sanitary sewer on Kennedy Road. This proposed project includes four floor drains within the building, which
will be collected to a grit separator. Also, the future maintenance garage will also have four drains which will be connected to a grit separator. This project has been reviewed by the Engineering Department staff and by Mr. Fred Shaw and it meets all of the Town’s requirements as well as State requirements. This project has received approval from the Planning and Zoning Commission.
Motion to approve the application as presented for connection to the Town’s sewerage system for a proposed commercial building located at 40 Kennedy Road, South Windsor, CT as more specifically shown on plans entitled “FedEx Ground, 40 Kennedy Road, South Windsor, Connecticut”; Prepared by J.R. Russo & Associates, LLC, East Windsor, CT 06088”; “Utility Plan” Sheet No. 8 of 31, Dated 12-13-2010, No. 2007-058, Revision Dates: 12-27-2010 and 1-28-2011; Sheet No. 9 of 31, Dated 12-13-2010, Revision Dates: 12-27-2010, 1-28-2011 and 2-4-2011; Sheet No. 10 of 31, Dated 12-13-2010, Revision Dates: 12-27-2010, 1-28-2011 and 2-4-2011; and Sheet No. 11 of 31, Dated 12/13/2010, Revision Dates: 1-11-2011 and 1-28-2011, and subject to the following condition: (1) final technical approval
of the Town of South Windsor Engineering Department.
The motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously
2. Proposed Medical Office Building, 1559 Sullivan Avenue - Approval to Connect
Mr. Patrick Gorman from Land Resource Consultants, Inc. is seeking approval for a connection to the Town’s sewerage system for a proposed two story medical building located at 1559 Sullivan Avenue, consisting of seventy three parking spaces on the site. Mr. Gorman explained that there is an existing sanitary lateral that services an existing building on the site, and this application request involves a connection into an existing manhole through the back of the property. He explained that Town staff has asked if there is a possibility of going out in the front. He has looked at the alternative, but due to the fact that they were going to be dropping the elevation 4 or 5 feet below the road, they would have needed a pump system to connect to the sewer on Community Road. Therefore, they decided
to connect to an existing sanitary sewer that services the existing building on site. This project application has received approval from the Planning and Zoning Commission and the Inland Wetlands Commission.
Mr. Fred Shaw explained that the applicant needs to submit a proposed easement for the Town Attorney to review and approve. The easement is for the purpose of the granting to the owner the right to discharge wastewater through the sewer line located on the adjacent property and to define the maintenance responsibilities for the common sewer.
Mr. Ed Havens, Jr. asked where the parking lot storm drain is going to. Mr. Gorman responded that it all goes into two drainage basins which have been properly sized.
Motion to approve the application as presented for connection to the Town’s sewerage system for a proposed medical office building located at 1559 Sullivan Avenue, South Windsor, CT as more specifically shown on plans entitled “Proposed Medical Office Building, 1559 Sullivan Avenue (Route 194), and 29 Community Road, South Windsor Connecticut”, Prepared by Land Resource Consultants, Inc., Cromwell, CT; “Property & Topographic Survey”, Sheet No. EX-2, Project No. 10-1064, Dated 9/1/2010; and subject to the following conditions: (1) a draft of a private easement between the property owners must be reviewed and approved by the Town Attorney; (2) final technical approval of the Town of South Windsor Engineering Department.
The motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously
3. New Country Auto, 280 Sullivan Avenue – Approval to Connect
Mr. Galen B. Semprebron from Design Professionals was present to represent the applicant for an existing building located at 280 Sullivan Avenue. He explained that the New Country Auto wants to occupy the existing south east building to do auto repairs and auto sales. There is existing sewer to the building and a manhole located along the front of the property on Sullivan Avenue. This manhole was supposed to be a monitoring manhole and to have been located within the right of way, but due to the storm drainage location, it was necessary to install the manhole outside the right of way. The only thing that doesn’t exist is the legal easement allowing the Town to access the monitoring manhole. Therefore, this application does not include any construction; the application is only for the
purposes of establishing a legal easement for the monitoring manhole. A draft copy of the easement must be provided to the Town to be reviewed and approved by the Town Attorney.
Motion to approve the application as presented for connection to the Town’s sewerage system for an existing commercial building located at 280 Sullivan Avenue, South Windsor, CT as more specifically shown on plans entitled “New Country Auto, Site Plan Modification/Special Exception, 280-302 Sullivan Avenue, South Windsor, CT” Prepared by Design Professionals, Inc., South Windsor, CT; “Site Design Plan” Sheet 3 of 3, Job No. 2989, Dated 12/7/2010 with Revisions of 2/3/2011 and 2/22/2011; and subject to the following conditions: (1) A draft of an easement allowing the Town access to manhole on the building sewer for monitoring purposes must be reviewed and receive the prior approval of the Town Attorney; (2) final technical approval of the Town of South Windsor Engineering
Department.
Motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously
Motion was made to move to Item E – “Public Participation”.
The motion was made by Chairman Carino
The motion was seconded by Mr. William Vees
The motion carried unanimously
E. PUBLIC PARTICIPATION (Items not on the agenda)
Councilor Keith Yagaloff was in attendance and raised the issue on the commercial condominium billing. He explained that this issue was previously raised by a member of the WPCA about a year ago and a legal opinion was requested, which was submitted on September 2010 (see Exhibit A). Councilor Yagaloff stated that the Town Attorney’s legal opinion specify that the WPCA rules and regulations are very specific; the sewer charges that will be imposed should be one charge per building connected into the
sewer system. In reviewing the commercial billing issue, the condominiums versus other, the Town Attorney said that the Authority cannot charge differently for a commercial building despite of its usage; whether it is a condominium or a commercial building; it should be only one charge per building. However, in the case of 280 Sullivan Avenue, which application was presented this evening, there are three buildings at this location, but there is only one bill for this location. Councilor Yagaloff believes that WPCA is in violation of the commercial sewer billing because there should be one bill per building and the commercial condominiums are charged by the unit. Councilor Yagaloff also referred to the formula in the WPCA rules and regulations to calculate the sewer user fees. He explained that the intent of this formula is to charge per building. He further expressed that there is nothing in the WPCA rules and regulations allowing the opportunity
to make exceptions. Therefore, Councilor Yagaloff urgently recommends the Authority to review the issue and amend the rules and regulations so that they are accordance with the sewer billing charges procedures; also these rules need to be adjusted because "the Town is losing a tremendous amount of revenue due to the under billing” procedure, and the WPCA should not calculate different annual sewer charges to each building. Mr. Fred Shaw disagreed and explained that when this issue was originally addressed to the Town Attorney it was focusing initially on commercial condominiums. The example used, one involving a building consisting of commercial condominiums as compared with another commercial building where there was a single owner, and that each building connected to the sewer were discharging an equal amount of wastewater. This issue was addressed to the Town Attorney and his legal opinion was that the WPCA was billing according to its
rules and regulations. Councilor Yagaloff expressed that everybody in Town is entitled to be treated equally and therefore, he recommended the Authority to perhaps defer from approving the commercial sewer charge billing list. Mr. Richard Aries answered that the Authority wants to be as equitable as possible. The current system attempts to be as equity as possible, "but there will always be some distinctions due to the differences in buildings.”
Mr. Fred Shaw explained that the user charge formula in the rules and regulations is based upon flow. The sewer user charge should equal the costs to treat the wastewater that discharged from a specific property. He explained that is fair and equitable that those receive the service should bear the cost to provide that service.
Chairman Carino explained to Councilor Yagaloff that the Authority is in the process of discussing the sewer charging system. He also explained that when the original rules were written back in the 1960s, there was no such thing as commercial condominiums and the basic concept for sewer charges was based upon the flow. He also explained that those condominiums that are being serviced by the CT Water Company require having individual meters; those that are serviced by The MDC have only one meter installed. However, due to the broad number of combinations of commercial and residential condominiums, the Authority has requested Mr. Fred Shaw to gather more information.
On another subject, Councilor Yagaloff reported that there have been discussions on the up coming budget and several members for the Town Council expressed concern regarding the first payment due on September 2013 for the debt service of the Treatment Plant. The Town Manager, Matthew Galligan requested that the Town Council have a joint meeting with the Water Pollution Control Authority to discuss this issue. Councilor Yagaloff expressed that the Town Council needs to understand that there was a commitment from the Water Pollution Control Authority to pay the first 1/20th payment due in September, 2013. Apparently there will be a work session at the Town Council meeting on Monday, March 7th regarding this issue. Councilor Yagaloff believes that the proposed written Reserve Fund Policy of the WPCA would
affect the first 1/20th payment issue; therefore, he recommended deferring approval of the proposed written reserve fund. Chairman Joseph Carino responded that the communications between the Town Council and the Authority in the last few years does not indicate any where that WPCA had committed to pay for that first payment due in 2013; there were two letters written to the Town Mayor and copied to the members of the Town Council. The WPCA has not yet received any response from the Town Mayor (see Exhibit B and C) to either of these two letters.
Councilor Yagaloff stated that the Town Council, including him, had not received either of these correspondences. However, in the joint meeting between the Town Council and WPCA subcommittees, there was a discussion regarding the Treatment Plant debt service and he believes that there was an agreement reached such that if the Town Council supported the referendum for the pumping stations and the referendum was approved, then WPCA would make a contribution towards the first 1/20th payment due in 2013. However, the $142,000 per month for the bonding for the sewer treatment plant debt service would be paid through property taxes. Mr. Fred Shaw disagreed, and explained that his recollection of this meeting was that if the referendum passed on the pump stations, the Town Council would request that the WPCA use
the $588,000 budgeted for the next pump station upgrade, towards the first payment. However, there was some concern about doing that because that $588,000 might be needed to fund the pump station upgrades. The Town Council decided to go out for referendum looking for approval of $1.95 million instead of the $2.229 millions project cost estimate prepared by the engineering consultants. So the concern was that the WPCA might come out short. Mr. Richard Aries responded that the issue discussed at the joint meeting really centered on the WPCA establishing the sewer fees. In this meeting, the Town Council, including Councilor Yagaloff wanted the WPCA to lower the sewer rates in which the Authority did even though it was a tough decision because of WPCA future plans. The sewer rates were lowered with the understanding that the Town Council would pay the Treatment Plant debt service using taxes.
Councilor Yagaloff explained that a resolution was passed and was very clear that the Town Council was going to pay for the cost of the sewer treatment plant bonding through property taxes with the understanding that the WPCA committed to contribute for the 1/20th payment due in 2013. Chairman Carino disagreed and responded that there was a consensus of the WPCA for supporting the pump station referendum with the understanding that property taxes will be used towards the Treatment Plant debt obligations. Councilor Yagaloff explained that the debt service for the Sewer Treatment Plant does not include the 1/20th payment. Mr. Shaw explained that the 1/20th payment is part of the debt service schedule. Councilor Yagaloff offered to provide minutes of the Town Council meeting concerning this
issue.
Councilor Yagaloff further explained that the WPCA is building up in reserve $500,000 per year, therefore, by year 2013 it is estimated for WPCA to have about $2 million in reserve. Mr. Richard Siedman asked Mr. Fred Shaw how much money is in the reserve fund currently. Mr. Fred Shaw hasn’t gotten the final figures; however, Councilor Yagaloff responded that there is about $1.4 million in the WPCA reserve fund according to Town Manager, Matthew Galligan. He also expressed that should the WPCA decide not commit towards the first payment, this will mean passing to the tax payers the 2% increase for the sewer plant and a 2% increase for the 1/20th payment; meanwhile, the WPCA will collect a reserve for $500,000 a year. Mr. Richard Siedman expressed that as a member of the WPCA, he is not going to
be responsible for a 4% tax increase in the Town of South Windsor.
Councilor Yagaloff asked the Authority to make a policy decision committing to use their reserve towards the 1/20th payment, otherwise, the property taxes will be increased. Mr. Richard Aries responded that the Authority is not ready to make a decision by Monday, March 7th. He also responded that two letters were written to the Town Council for which there was no reply. If the Town Council is saying that WPCA must give money towards the 1/20th payment or otherwise WPCA will be responsible for the increase in property taxes, then WPCA will have to raise the sewer fees and the public will be informed because there are records of written documentation.
Chairman Carino referred to the Town Council Clerk meeting notes of March 1, 2010 and read the following statement expressed by Councilor Yagaloff at this meeting: "One is with the full faith and credit of the Town which means it would be paid for by the taxpayers of the Town, and the other would be incorporated into the sewer user fees, which means that the sewer users would pay the cost for the sewer treatment plant upgrade. The plan here is for it to be paid for by the full faith and credit of the Town and the logic behind it is that the taxpayers have voted in favor of the referendum for the Sewer Treatment Plant Upgrade." Councilor Yagaloff denied this statement. Mr. Richard Aries explained that is unfortunately and disconcerting to have a difference in recollection among members of the
joint meeting with the Town Council, and it is unfortunately and that the Town Council claims that they never received any documentation provided by Chairman Carino. These two letters were provided to the Town Councils on two separate occasions.
Mr. Fred Shaw commented that the proposed written reserve policy (Exhibit D) is intended to be reviewed with the Town Council each year. The policy has nothing to do with the 1/20th payment issue. However, Councilor Yagaloff explained that the reason why this issue came up was because of the way that the proposed written policy was interpreted as a policy preventing the WPCA contribution towards the 1/20th payment. Mr. Fred Shaw responded that such a policy does exactly the opposite by providing a
means by which the Town can plan and prepare to meet future financial obligations while maintaining a stable user charge rate.
Mr. William Vees stated that he feels very discouraged as a member because he did not attend the subcommittee meeting; however, he is getting conflicting information at this point. He noted that there should have been minutes from the meetings distributed to everyone. Chairman Carino expressed that there have been three meetings with the Town Council and there are no minutes. Councilor Yagaloff expressed that he was unaware of this situation. Chairman Carino requested having the WPCA Recording Secretary in any upcoming meetings with the Town Council.
There was a consensus that the Authority will further discuss this issue, and Councilor Yagaloff will ask the Town Manager to call off the work session with the WPCA for Monday, March 7th .
Motion was made to move back to Item D – “Communications and Reports”.
The motion was made by Chairman Carino
The motion was seconded by Mr. Ed Havens, Jr.
The motion carried unanimously
D. COMMUNICATIONS AND REPORTS
Chairman Carino distributed a copy of his letter sent to Councilman Keith Yagaloff (see Exhibit E1). This was Chairman Carino’s response to Council Yagaloff communication on Friday, February 25, 2011 (see Exhibit E2). Chairman Carino also resigned from the Chairmanship position this evening, due to fact that it is becoming very difficult for him to hear, particularly in the Town Council Chambers when having discussions with Town Council. However, Chairman Carino would continue to serve on the WPCA as a regular member. The WPCA Vice Chairman Ed Havens, Jr. served interim chairman at the meeting, and requested that Mr. Richard Aries fill the Chairman vacancy after he is appointed as a regular member.
C. NEW BUSINESS
4. Approval of the Reserve Fund Policy
Mr. Fred Shaw reported that the concerns that were raised by Councilor Yagaloff at the Public Hearing this evening are not relevant to the proposed reserve fund policy (See Exhibit D). This policy has been revised by the Town Attorney and it is not intended to affect any decision concerning the 1/20th payment due in 2013 or the debt service. This is a policy with the goal to provide a financial plan for the stabilization of user rates and to meet long term financial obligations. This policy will also
be subject to annual review with the Town Council. Mr. Shaw feels that it is essential that WPCA have a written policy concerning the goals and objectives previously discussed.
Mr. Aries suggested that some of the wording should be changed to provide flexibility. He recommended that the Authority defer any action on this subject until the next WPCA meeting.
Motion was made to defer this Item for further review until the next WPCA meeting.
The motion was made by Mr. Richard Aries
The motion was seconded by Mr. William Vees
The motion carried unanimously
5. Sewer Service L026 Deming Street (Account # 380740) - Consideration to rebate sewer user charges
Mr. Fred Shaw reported that the Town has been billing the property owner since 2005 for 199 Deming Street meter flow. However, this is a vacant piece of the property and somehow it was included on the residential billing list. This South Windsor property is the corner portion of a larger lot that extends into the Town of Manchester. The Town already bills the Manchester commercial property owner for sewer user charges. The property owners is being paying since 2005 and therefore, Mr. Fred Shaw is requesting a rebate for sewer charges in the amount of $1,658.00. Please see Exhibit F for pictures reflecting 199 Deming Street as a vacant property.
Motion was made to consider rebating sewer user charges for L026 Deming Street, as recommended by Mr. Fred Shaw.
The motion was made by Mr. Richard Siedman
The motion was seconded by Mr. William Vees
The motion carried unanimously
6. Review Water Pollution Control Budget for FY2011/2012
Along with the Agenda was included a copy of the Water Pollution Control Budget for FY2011/2012 (see Exhibit G). Mr. Fred Shaw reported that this budget represents an increase of 3/10th of 1%. The budget has not been reviewed by the Town Manager or
Town Council. There will be a meeting with the Town Council on Wednesday, March 23rd to review the budget.
Motion was made to accept the Water Pollution Control Budget for FY2011/2012 presented by Mr. Fred Shaw and to be forwarded to the Town Manager for review.
The motion was made by Mr. Richard Aries
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously
7. Approval of the Industrial and Commercial Billing List for FY 2010/2011
Mr. Shaw provided the Authority a copy of the proposed Industrial/Commercial Sewer Billing List for FY 2010/2011 for review and approval (see Exhibit H). The user rate was reduced by 15% and there is a net loss of revenue of about 8% as compared to last year. Those businesses that use a private meter, have all submitted their information with the exception of Carla’s Pasta. If the Authority approves this billing list, the bills will be sent out by the end of this month.
Motion was made to approve the Industrial and Commercial Billing List for FY 2010/2011 as presented by Mr. Fred Shaw.
The motion was made by Mr. Aries
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously
D. COMMUNICATIONS AND REPORTS
Unfortunately, Thomas Deming died unexpectedly. Authority members recognized his contribution to the WPCA as a full member and expressed their sorrow over his loss.
1. Treatment Plant Upgrade (Progress Report)
Mr. Fred Shaw reported that the construction of the Treatment Plant is about 2/3 completed.
2. Dry Pit Pump Station Upgrade (Progress Report)
Mr. Fred Shaw reported that the Town went out to bid for the pumping station improvements project. A mandatory Prebid Conference was held this morning, and the Town will be opening bids on Tuesday, March 15, 2011.
E. BILLS, CHANGE ORDERS, DISBURSEMENTS
None
F. UNFINISHED BUSINESS
None
G. MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS
None
H. ADJOURNMENT
Motion was made to adjourn the meeting at 9:45 p.m.
The motion was made by Mr. Richard Siedman
The motion was seconded by Mr. Richard Aries
The motion carried unanimously
Respectfully,
____________________________
Ether A. Diaz
Recording Secretary
Originally Posted: March 8, 2011
Approved Date: April 5, 2011
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