A. ROLL CALL
Members Present: Richard Aries, Donald Antaya, Robert Dickinson, Carol Fletterick and William Vees
Members Absent: Vicky Paliulis
Alternates Absent: Ed Havens, Jr. and Richard Siedman
Staff Present: Ether A. Diaz, Recording Secretary
Others: Robert Delisle, Applicant – Metal Testing Application
Bill Williams – Metal Testing Application
Linda Pelletier, 549 Ellington Road
Chairman Richard Aries called the meeting to order at 7:00 p.m. The following actions were taken during the May 7, 2013 Regular Meeting of the Water Pollution Control Authority (WPCA).
B. ACCEPTANCE OF MINUTES OF PREVIOUS MEETING
1. April 2, 2013 – Regular Meeting
The minutes were grammatically corrected.
Motion was made to accept the minutes of April 2, 2013 as amended.
The motion was made by Mr. William Vees
The motion was seconded by Ms. Carol Fletterick
The motion carried unanimously
2. April 16, 2013 – Special Meeting
Motion was made to accept the minutes of April 16, 2013 as presented.
The motion was made by Mr. Donald Antaya
The motion was seconded by Ms. Carol Fletterick
Mr. Robert Dickinson abstained as he was not in attendance at the April 16, 2013 special meeting; the motion carried unanimously
C. NEW BUSINESS
1. Metal Testing – Permit Renewal (Approval)
Mr. Robert Delisle and Bill Williams were in attendance this evening representing the application for Metal Testing. Mr. Williams reported that Metal Testing Company has been in South Windsor since 1970. The company is currently in the process of renewing its discharge permit from the Department of Emergency and Environmental Protection (DEEP.) However, DEEP would not hold a public notice until the Water Pollution Control Authority approves their conditions in the permit as there is a misunderstanding of the Town’s sewer use regulations. Mr. Williams distributed a copy of the State sewer use ordinance and the Town’s sewer use ordinance (see Exhibit A.) He explained that both ordinances are very similar except that in the Town’s ordinance it does not specify whether the allowable discharge concentrations is measured as a maximum value or a monthly average. On the State Regulation, Mr. Williams highlighted in yellow those parameters that are particular to Metal Testing. He
explained that in reading the Town ordinance, there is some confusion as to how to measure all metals.
Chairman Richard Aries explained that when talking with Mr. Fred Shaw, it was concluded that the standard discharge is to be measured on an average monthly basis. With that understanding, the Authority moved to approve this application.
Motion was made to approve this application upon compliance with the State and the Town’s regulations and as verified by Town staff (see Exhibit A, Page 2 and 3).
Motion was made by Mr. Robert Dickinson
The motion was seconded by Mr. William Vees
The motion carried unanimously
Ms. Linda Pelletier of 549 Ellington Road, South Windsor, CT was in attendance this evening. Therefore, Chairman Richard Aries suggested discussing Item G1-Legal Opinion for Unbilled Sewer Charges.
Motion was made to move to Item G-Unfinished Business.
Motion was made by Mr. Antaya
The motion was seconded by Vees
The motion carried unanimously
G. UNFINISHED BUSINESS
1. Legal Opinion – Unbilled Sewer Charges (Discussion)
Chairman Richard Aries explained to Ms. Linda Pelletier that a Town Attorney legal opinion was received regarding the collection of unbilled sewer use fees for her major home occupation at 549 Ellington Road, South Windsor, CT (see Exhibit B). Chairman Aries explained that the legal opinion essentially states that due to the owner not receiving proper notice of a public hearing, the Town Attorney feels that the Authority cannot bill for the past time frame. However, there is some confusion among the Authority
with regards to the Town Attorney’s opinion. Chairman Aries explained that a public hearing notice is published at least ten days before the date of the hearing in a newspaper; that’s is how is been done. Therefore, he has further questions to ask the Town Attorney; this will be on the Agenda for further discussion at the next regular meeting.
Ms. Linda Pelletier expressed that she is a very proud resident of the Town of South Windsor; fifteen years ago she started her business and since then, every five years she has renew her major home occupation permit and it was not until recently that she was informed by the Planning and Zoning Department staff that she needed approval from the Water Pollution Control Authority to run a major home occupation. She calculates about $6,000 in arrears that she will need to pay for something that she did not have anything to do with. Ms. Pelletier expressed that she feels singled out by the Authority, as she feels she is the only home occupation business that is required to install private meters to determine how much water goes into the sewer system. She hired a plumber to come in and look at a feasible
location for the installation of the meter; she will encounter a large cost for the meter installation. She also raised concern in having someone from the Town spontaneously spot checking the meter once installed. Ms. Pelletier expressed that she knows of five businesses in Town that have city water but then don’t have a private water meter. She explained that if she is required to have a meter installed at her property, then every major home occupation in Town should also be required to install a private meter. She explained that her business water use will be a minimum use, therefore, she asked for the opportunity to not have to install a meter.
Chairman Richard Aries responded that yes, every major occupation is required to pay for sewer use. Also, he suggested putting in this item on the agenda for discussion at the next meeting and also add an agenda item to discuss whether a waiver to install a meter is permissible for Ms. Pelletier under the current circumstances.
Motion was made to go back to Item C2-Commercial Sewer Billing Adjustments.
The motion was made by Mr. Dickinson
The motion was seconded by Ms. Fletterick
The motion carried unanimously
C. NEW BUSINESS
2. Commercial Sewer Billing Adjustments – Account #303230 and 300030 (Approval)
Included with the Agenda was a Memorandum from Mr. Fred Shaw (see Exhibit C) requesting approval to adjust the user charge for 435 Buckland Road. Chairman Richard Aries explained that the bill was sent out in the amount of $5,381.07 because there was an error in reading the water use figure reported by the water company.
Motion was made to approve the adjustments of the User Charge from $5,381.07 to $1,490.03 for the FY 2012/2013 user bill for Account #303230 (435 Buckland Road), in accordance with the memorandum from Mr. Shaw dated May 7, 2013 (see Exhibit C).
Motion was made by Mr. William Vees
The motion was seconded by Mr. Donald Antaya
The motion carried unanimously
Also, included with the Agenda was a Memorandum from Mr. Fred Shaw recommending approval to adjust the commercial user charge for Account number 300030 (see Exhibit D). Chairman Aries explained that the Town was not provided with the metered flow records for 785 John Fitch Blvd. in order for the Town to make the proper adjustments to the bill. The owner received a bill in the amount of $666.64 which represents the water consumption figures provided by the water company. The owner has now provided
accurate flow measurements for this property and therefore, Mr. Shaw requested approval to adjust the sewer fees from $666.64 to $619.74.
Motion was made to approve the adjustments of the User Charge from $666.64 to $619.74 for the FY 2012/2013 user bill for Account #300030 (785 John Fitch Blvd.) in accordance with the memorandum from Mr. Shaw dated May 7, 2013 (see Exhibit D).
Motion was made by Ms. Carol Fletterick
The motion was seconded by Mr. Donald Antaya
The motion carried unanimously
3. Rules of Procedure – Requirements for Special Meetings (Discussion)
Chairman Richard Aries explained that he would like to start discussion based upon the need to hold a special meeting. Included with the agenda was the regulation regarding special meetings (see Exhibit E). However, it seems to be very vague. A brief discussion ensued as to what requirements are to consider when an applicant asks the WPCA to hold a special meeting before their regular meeting. Chairman Aries will find out if the Planning and Zoning Commission has a policy for granting special
meetings. This item will be on the agenda for further discussion.
4. Set Time and Date for Public Hearing for the FY2013/2014 Pollution Control Budget and to establish Sewer User Charges and Benefit Assessment Rates for FY2013/2014
Chairman Richard Aries explained that a public hearing needs to be scheduled to present the proposed WPCA budget and to establish proposed sewer user charges and benefit assessment rates for FY 2013/2014. He explained that there will be no increase in the user charges. However, an increase by 1.7% is proposed for the sewer assessments rates; this increase reflects the change in value of the dollar according to the urban consumer price index (CPI-U).
Mr. Robert Dickinson asked if the Task Force Committee is going to make a recommendation to revise the sewer billing method. Chairman Richard Aries responded that he spoke to the Town Manager and it was concluded that there will be no change in the billing method this year as it needs to be further discussed and is a very difficult issue. Mr. Dickinson asked if there will be a change in the average rate per gallon, for example 64,000 or 65,000 gallons instead of 93,000 gallons. Chairman Aries responded that the sewer billing rate this year will be based on 93,000 gallons; however, it is a valid conversation to have. Mr. Dickinson requested to have a comparison made on rate calculations by using 64,000 gallons flat rate for residential and commercial use to determine how the commercial rates will be
impacted; Mr. Fred Shaw will be asked to provide that information to the Authority for discussion.
Motion was made to schedule the WPCA Public Hearing for June 4, 2013 at 6:30 pm in the Council Chambers for the Pollution Control Budget FY2013/2014 and to establish the proposed Sewer Charges and Benefit Assessment Rates for FY 2013/2014.
Motion was made by Ms. Carol Fletterick
The motion was seconded by Mr. Robert Dickinson
The motion carried unanimously
5. 415 Chapel Road – Request for waiver of Sewer Connection Charge (Approve or Deny)
Included with the Agenda was a letter written to the Authority from Mr. Michael Moriarty of 415 Chapel Road, South Windsor CT (see Exhibit F). In this letter Mr. Moriarty is asking for a waiver of sewer connection charge. A discussion ensued and Chairman Richard Aries called for Executive Session.
At 8:40 p.m. a motion was made to go to Item H– Executive Session.
The motion was made by Ms. Carol Fletterick
The motion was seconded by Mr. William Vees
The motion carried unanimously
H. MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS
The following members were in the Executive Session: Chairman Richard Aries, Donald Antaya, Robert Dickinson, Carol Fletterick and William Vees.
A discussion ensued; the Executive Session adjourned at 8:45 p.m. and discussion resumed on Item C5-New Business – 415 Chapel Road. The Authority decided to request legal opinion from the Town Attorney on this subject.
Motion was made to defer this Item until the next WPCA meeting for further discussion.
Motion was made by Chairman Richard Aries
Motion was seconded by Robert Dickinson
The motion carried unanimously
D. COMMUNICATIONS AND REPORTS
1. Sewer System Evaluation I/I Phase II (Project Update)
Included with the Agenda was a report from Wright-Pierce (see Exhibit G); A study report is expected to be delivered to the Town in June 2013.
E. PUBLIC PARTICIPATION (Items not on the agenda) – None
F. BILLS, CHANGE ORDERS, DISBURSEMENTS - None
G. UNFINISHED BUSINESS
1. Legal Opinion – Unbilled Sewer Charges (Discussion)
This item was previously discussed this evening.
2. Legal Opinion – Lawrence Road Sewer Assessments (Discussion)
The Agenda also included a legal opinion dated February 4, 2013 (see Exhibit H). Chairman Richard Aries explained that the Town bond rate is 2.6%. However, the Authority is been charging 6% interest in sewer assessment instead of 2.6%. According to the legal opinion, the Town could not charge more than the amount of interest that the Town is obligated to pay. Therefore, the Authority has been asked to consider and approve reducing the interest fee from 6% to 2.6%. A discussion was held by
the Authority on the following questions. When and why did the Town begin to charge 6% interest rate in sewer assessment? Why should the Authority use the current bond rate (2.6%) versus the initial past bond rate (6%)? And what the total cost difference might be if the Town charges 2.6% in sewer assessment? After this discussion the Authority decided to further discuss this item at the next meeting when more information is provided by Mr. Fred Shaw.
Motion was made to defer this Item until the next WPCA meeting for further discussion.
Motion was made by Mr. Robert Dickinson
The motion was seconded by Mr. Donald Antaya
The motion carried unanimously
3. Legal Opinion- Juknis Benefit Assessment (Discussion)
Included with the Agenda was a legal opinion from the Town Attorney in regards to Juknis Benefit Assessment (see Exhibit I). Chairman Aries explained that this is been a long standing problem, therefore, he suggested to defer this item until the next meeting for Mr. Shaw to explain the situation.
Motion was made to defer this Item until the next WPCA meeting for further discussion.
Motion was made by Ms. Carol Fletterick
The motion was seconded by Mr. Robert Dickinson
The motion carried unanimously
4. Private Water Meter Standards (Discussion)
Motion was made defer this Item until the next WPCA meeting further discussion.
Motion was made by Ms. Carol Fletterick
The motion was seconded by Mr. William Vees
The motion carried unanimously
H. MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS - None
I. ADJOURNMENT
Motion was made to adjourn the meeting at 8:55 p.m.
The motion was made by Ms. Carol Fletterick
The motion was seconded by Mr. Donald Antaya
The motion carried unanimously
Respectfully Submitted,
______________________________
Ether A. Diaz
Recording Secretary
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