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WPCA Approved Revised Minutes 04/02/2013, Regular Meeting
A.      ROLL CALL
        
Members Present:        Richard Aries, Donald Antaya, Robert Dickinson, Vicky Paliulis and William Vees

Members Absent: Carol Fletterick

Alternates Present:     Richard Siedman sitting in for Carol Fletterick

Alternates Absent:      Ed Havens, Jr.

Staff Present:          C. Fred Shaw, Superintendent of Pollution Control
                                Ether A. Diaz, Recording Secretary

Others:                 Ben Wheeler, Design Professionals
                                Ron Bomengen, Fuss & O’Neill
                                Linda Pelletier, Applicant


Chairman Richard Aries called the meeting to order at 7:00 p.m.  The following actions were taken during the April 2, 2013 Regular Meeting of the Water Pollution Control Authority (WPCA).

B.      ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS

        March 6, 2013 – Regular Meeting

        The minutes were grammatically corrected.

        Motion was made to accept the minutes of March 6, 2013 as amended.

The motion was made by Mr. William Vees
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously

C.      NEW BUSINESS

1.      Nutmeg Village (Conceptual Approval)

Mr. Ben Wheeler, Director of Operations for Design Professionals was in attendance to present the application for Nutmeg Village located on Pleasant Valley Road.  He discussed, for conceptual approval, their plans for the sewer connection of this development; they will come back for final approval to connect to the Town’s sewer system.  He explained that Nutmeg Village is a 155 unit multi-family development that has received approval from the Planning and Zoning Commission and Inland/Wetlands last year.  The combination of different buildings includes 15 owner occupied single family units, 12 duplex units, 18 buildings with 6 units each and 5 buildings with 4 units each.  Mr. Wheeler explained that the plan is to connect into the sewer on Pleasant Valley Road; the large majority of the units (152 of the units) on the north side of the property would drain by gravity flow to a pump station.  He asked for the possibility of having one sewer lateral for each building as shown on the conceptual drawing, as oppose to a lateral for every residential unit.  He explained that it has been done before in this Town; a lot of the condos that exist in the Clark Street and Pleasant Valley Road were built that way.  He also explained that Quarry Brook Village also on Pleasant Valley Road was built in two phases; the second phase for the four units building was completed in 2008 and both of those buildings have one lateral serving each of the buildings and then tying into the stream of Pleasant Valley Road.  Mr. Wheeler reported that the association will be responsible for maintaining the lateral and the private main through its entire development.

Mr. Richard Siedman asked if meters are going to be installed on each unit.  Mr. Wheeler responded that the Metropolitan District Commission (MDC) allows for installing a meter per building; therefore, there will be a meter per building, not per unit.  The sewer bill will be included with the association fees.  The association will receive one bill and then the association will bill each owner.  Chairman Aries asked what was the reason for having the lateral per building; Mr. Wheeler responded that certainly is more costly, however, the main reason is because if they provide a lateral for each unit and there is a problem at one of those laterals being as close to one another, it becomes problematic to pin point the exact location and to dig it up without impacting an adjacent lateral or some other utility.

Conceptual approval was given for the use of a single lateral for each of the proposed buildings whereby the main common pipe serving more than one residential unit must be equal to or greater than six inches in diameter.

Motion was made by Mr. Robert Dickinson
The motion was seconded by Mr. William Vees
The motion carried unanimously

        2.      Town Square at Evergreen Walk, Relocate portion of trunk sewer (Approval)

Mr. Ron Bomemgen of Fuss & O’neil was in attendance on behalf of Evergreen Walk LLC., seeking final approval for the application request to increase the flow with 50,000 gallons per day and relocate portions of the Evergreen Walk trunk sewer.  He explained that the project consists of a hotel with 121 rooms; 2 apartment buildings with 200 units; and 5 office condominiums.  He also explained that the reason why they need to relocate the trunk sewer is because they are going to construct apartment buildings and the office condominiums in that location.  The other reason to relocate the sewer is in order to make space for a detention basin.

Mr. Richard Siedman asked Mr. Bomemgen if the condominiums are going to have individual meters.  Mr. Bomemgen responded that he believe there are individual meters; Mr. Shaw agreed as it will be served by the CT Water Company.  Mr. Shaw also explained that the plans needs to include the total developed acreage for purposes of calculating the connection charge.  Chairman Aries informed Mr. Bomemgen that it is recommended to install separate water meter for each residential and condominium unit.

Motion was made to approve the application as presented for relocation of a portion of the trunk sewer and connection for proposed commercial office buildings to be located at Evergreen Walk; as more specifically shown on plans entitled “Town Square at Evergreen Walk, Tamarack Avenue, South Windsor, Connecticut, Final Development Plan” Prepared by Fuss & O’Neill, Manchester, CT; Project No.: 02000481.A60; “Utility Plan”, Page Cu-102, Dated 04/25/2011; Revised on 8/5/2011, 9/9/2011.  This approval is subject to the following conditions:  (1) Installation of individual meters for each residential and commercial condominiums; (2) Installation of a grease interceptor meeting all Town and the State of CT Department of Energy and Environmental Protection (DEEP) requirements; (3) A draft of an easement allowing the Town access to the public sewer for maintenance purposes must be submitted, reviewed and approved by the Town Attorney; (4) Final technical approval of the Town of South Windsor Engineering Department; and (5) Final Authority approval and acceptance of the sanitary sewerage connection will be conditional upon the installed sewer line having been inspected by the Town staff, and upon the written verification of the Town staff that said sanitary sewer line was installed in substantial conformance with the design plans approve by the Authority, and meeting all regulations and appropriate technical specifications relating to sanitary sewer construction.

Motion was made by Chairman Richard Aries
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously

        3.      549 Ellington Road, Major Home Occupation (Approval)

Mr. Fred Shaw explained that the Planning and Zoning Commission (P&Z) approves minor and major home occupations.  The Town does not bill the minor home occupations for sewer service; however, the Town does bill major home occupations for sewer service once approved by the WPCA.  The P&Z approved on October 28, 1997, a major home occupation to operate a hairdressing salon on property located at 549 Ellington Road, however, Mr. Shaw was not notified nor was an application submitted to the WPCA for approval.  Recently, the property owner, Linda Pelletier, requested a renewal permit for her home occupation and at that time it was determined that this property was never approved for a major home occupation by WPCA and therefore was not billed for sewer service.  Now, there is fifteen (15) years of unbilled sewer user fees for this location.  In this situation, the Town certainly allows the owner to submit an application to describe what it is that they do in their business.  The Town’s administrative approach is to bill the property owner in the case where it has been determined that the Town has not billed previously for service.

Chairman Aries asked Linda Pelletier, property owner, to provide background information of her business.  Mrs. Pelletier explained that there is a detached garage on her property and she discussed with Town staff if a hair salon could be there.  The Town approved the business as a major home occupation in 1997 and she explained that she was recently informed that she needed approval from the WPCA for sewer service in a major home occupation.  She explained that the business is open twenty-two (22) hours a week; there are four (4) employees including her.  There are two (2) sinks and one (1) public bathroom in this business.

Chairman Aries asked about what kind of chemicals are used in the business.  Mrs. Pelletier responded that most of the chemicals that are used are organic; some even dissolve in the water.

Mr. William Vees asked if the water is billed separately for her business from her house.  Mrs. Pelletier responded that her home and the business are on well; there is no meter in the well.  Mr. Shaw explained that normally the Authority requires the applicant to put in a meter even though they may get a minimum flow.

Members of the Authority were in agreement that the application should be approved as a major home occupation so that the owner may continue with her business operation; however, a discussion ensued as to how far back can the Authority bill.  Chairman Aries suggested that the Authority seek the legal opinion of the Town Attorney as to whether there is a statutory timeline for billing in arrears and what authority does the WPCA have for waiving the billing.  There was a consensus that this matter should be submitted in writing to the Town Attorney for a legal opinion.

Chairman Aries asked the Authority to approve the 549 Ellington Road as a major home occupation and to defer the question of billing until next month.  The applicant is required to install a private meter for purposes of measuring water from her business.

Motion was made to approve the application for a Major Home occupation located at 549 Ellington Road; this approval is subject to having installed a private meter for purposes of measuring water that comes from her business.

Motion was made by Mr. Donald Antaya
The motion was seconded by Mr. Richard Siedman
The motion carried unanimously

        4.      Commercial Sewer Bill Adjustment – Account 321840 (Approval)

Mr. Fred Shaw explained that the business located at 10 Bidwell Road have a private meter that was approved by the Authority for a lawn sprinkler system.  The business owner submitted the meter readings on time for purposes of adjusting their sewer bill; however, they were billed in the amount of $2,116.09 or 525,140 gallons which did not included the amount of gallons that was used for the sprinkler system.  Mr. Shaw recommended approval to adjust the bill from 526,140 gallons to 103, 815 and bill $417.49.

Motion was made to approve the Commercial User Fee Adjustment for Account 321840, in accordance with the Memorandum from Mr. Fred Shaw dated April 2, 2013 (see Exhibit A).

Motion was made by Mr. Robert Dickinson
The motion was seconded by Mr. Donald Antaya
The motion carried unanimously

5.      Private meter (Approval to use)

Mr. Fred Shaw reported that Evergreen Walk had previously received approval from the WPCA to use two meters for the lawn sprinkler system; those meters were provided by the CT Water Company and the CT Water Company was responsible for the maintenance of the meters.  Evergreen Walk wants to put in another private meter at another location for the purposes of measuring water that doesn’t go into the sewer system; they want to put in their own meter, not the CT Water Company meter.  Mr. Shaw has looked at the site and is satisfied of the location for the meter.

Mr. William Vees asked how it is determined that the meter has been calibrated?  Mr. Shaw responded that it is the owner’s responsibility to have the meter maintained, and make sure that is accurately recording flow.  Mr. Shaw also explained that from time to time he goes out and inspects meters to make sure that is in good operating order.  However, there are no specifications in the regulations for installing a standard meter.  This will be further discussed to include it in the regulations.

A motion was made to approve the use of an additional private meter at The Promenade Shops at Evergreen Walk on Buckland Road, for the purpose of measuring lawn sprinkler water that doesn’t go into the sewer system.  This approval is subject to meeting all Town regulations and appropriate technical specifications relating to sanitary sewer construction.  The applicant needs to read this meter not less than once a month, have the meter maintained, make sure that is accurately recording flow; the applicant shall allow the Town staff the opportunity to come in and check that the meter is in good operating order; and annual written reports of meter readings for the previous calendar year are to be submitted to the Town each year in January.

The motion was made by Mr. Robert Dickinson
The motion was seconded by Mr. Richard Siedman
Mr. William Vees abstained; the motion passed with 5 ayes (Richard Aries, Donald Antaya, Robert Dickinson, Vicky Paliulis and Richard Siedman) and 1 abstain (William Vees)

D.      COMMUNICATIONS AND REPORTS

Mr. Fred Shaw reported that he received a report from Wright-Pierce; they are progressing with the Inflow and Infiltration Phase 2 project; they expect to have a rough draft of the finished study done by May.  A copy of this report was provided to the Authority (see Exhibit B).

A discussion ensued in regards to the email that was sent by Mr. Robert Dickinson to the Authority.  Mr. Dickinson reported that this was an article that was on the South Windsor Patch; the article was written by Mr. M. Saud Anwar, Town Council Member.  Chairman Aries expressed that there is a Task Force Committee in Town that is reviewing together a great deal of information from many different sources; Chairman Aries expressed that he would like to respond to Councilor Anwar.  He explained that he read the article which does not explain where Councilor Anwar obtained the information in terms of citing some Town in Ohio; he didn’t mentioned things like the administrative cost, and the issue on water usage.  Chairman Aries explained that the Task Force Committee is still discussing what’s the most fair and equitable system for billing purposes; there are a lot of options and ways of approaching this problem which is a very complex system.  Mr. William Vees expressed that he has no problem with Chairman Aries responding to Councilor Anwar and highlighting of the issues that were mentioned in the article; however, he believe the Task Force Committee is taking an ordinate amount of time to cohesively move forward with a decision; Chairman Aries agreed.

Mr. Shaw was asked if another Task Force Committee meeting has been scheduled; He responded that that the water company was asked again to present some information in terms of frequency distribution for water usage; the water company provided a report which Mr. Shaw has reviewed, and has, in turn prepared a report which was submitted to the Town Manager for his review.  The Town Manager wanted to discuss it with the Mayor and someone else on the Town Council; and then he will schedule the next meeting.

E.      PUBLIC PARTICIPATION - None

F.      BILLS, CHANGE ORDERS, DISBURSEMENTS - None

G.      UNFINISHED BUSINESS

        1.      Commercial Condominiums (Discussion)

Mr. Fred Shaw reported that at the last meeting he was asked to look for the definition of commercial condominium and residential condominium.  He asked the Tax Assessor and the Director of Planning and Zoning for the definition and they responded that the Town has no definition for the condominium; they rely upon the legal description of the deed or the document agreement between the owners.  If in that document it says that it is a condominium or a commercial condominium that’s what the Town calls it.

        2.      Draft 2013 South Windsor Plan of Conservation and Development

Chairman Richard Aries reported that he was in attendance at the Special Meeting to review the South Windsor Plan of Conservation and Development.  He explained that the section in regards to the sewer system is outdated and this included the map.  Mr. Fred Shaw distributed a draft copy of the changes to be made to the section (see Exhibit C).  The Authority reviewed the language of the changes to be made; this will be submitted to the Planning and Zoning Department.

H.      MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS - None

I.      ADJOURNMENT

        Motion was made to adjourn the meeting at 8:53 p.m.

        The motion was made by William Vees
        The motion was seconded by Vicky Paliulis
        The motion carried unanimously

Respectfully Submitted,



______________________________
Ether A. Diaz
Recording Secretary









Approved Date: May 7, 2013