A. ROLL CALL
Members Present: Richard Aries, Donald Antaya, Robert Dickinson, Carol Fletterick, Vicki Paliulis, and William Vees
Alternates Present: Ed Havens, Jr. and Richard Siedman
Staff Present: C. Fred Shaw, Superintendent of Pollution Control
Ether A. Diaz, Recording Secretary
Others: Jay Ussery, J.R. Russo & Associates, LLC
Rebecca and Howard Slater, Applicants - 105 Miller Rd., So. Windsor, CT
Phil Forzley, Fuss & O’Neill, Inc.
Steven Wagner, Resident, 181 Tumblebrook Drive, So. Windsor, CT
Chairman Richard Aries called the meeting to order at 7:00 p.m. The following actions were taken during the June 4, 2013 Regular Meeting of the Water Pollution Control Authority (WPCA).
B. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS
May 7, 2013 – Regular Meeting
Chairman Richard Aries explained that at the last meeting there was some discussion in regards to sewer rates and Mr. Robert Dickenson requested for some information from Mr. Fred Shaw; his request was not included in the minutes. Mr. Dickenson wants to have a comparison made on rate calculations by using 65,000 gallon flat rate for residential and commercial use to determine how the commercial rates will be impacted. Chairman Aries asked for this request to be reflected in the minutes of the May 7, 2013 regular meeting.
Motion was made to accept the minutes of the May 7, 2013 regular meeting as amended.
Motion was made by Mr. Donald Antaya
Seconded by Ms. Carol Fletterick
The motion carried unanimously
C. NEW BUSINESS
1. 105 Miller Road (Approve to Connect)
Mr. Jay Ussery of J.R. Russo and Associates, LLC was in attendance to present the application for 105 Miller Road, South Windsor, CT. Mr. Fred Shaw explained that at this address the septic disposal system has failed and there is no sewer line in front of the property; the nearest sewer main is located on Cambridge Drive. The original focus was how to reach the sewer main located on Cambridge Drive with a connection that would serve that one lot. The original proposal showed a 6 inch pipe at a slope of 2%. Upon staff review, the staff recommended that instead of having a private sewer line cutting across Miller Road to Cambridge Drive that a public main should be provided to serve other houses along Miller Road in the future. This sewer main would be maintained by the Town. The staff also
recommended that instead of having a 6 inch pipe at a slope of 2%, that an 8 inch pipe with a slope of 1% should be provided; and that should also be provided at the intersection of Miller Road and Cambridge Drive.
Mr. Jay Ussery explained that currently the septic system at this property is located in the front yard and actually leaches out onto the surface. However, he explained that the main extension itself is rather expensive and the owners have expressed concern that they may not be able to afford it. Mr. Ussery estimated that the cost of the sewer main line, the manhole and the lateral would be about $20,000. Mr. Ussery explained that he talked to Jeffery Doolittle, Town Engineer and explained that it’s one of the things that he has done in other towns and that apparently Mr. Doolittle has also done this in this Town for storm drainage whereby the Town has participated by paying for the materials and the developer or the home owner installed the line at their expense. Mr. Ussery asked the Authority
if this is something that could be done because the sewer main extension is rather expensive.
Mr. Shaw responded that the property owner has been allowed to put the main sewer off the road onto the shoulder. Another way which may help reducing costs would be to allow an 8 inch pipe to be installed at a 2% slope rather than at 1%. This would be sufficient to allow other properties to connect to the main in the future. Mr. Ussery agreed and responded that the original design was to have a slope of 2% which certainly lessen the cost, however, making it a 1% will give the ability to extend the line further down the road if it ever became a necessity to go further and serve other houses.
Mr. Ussery explained that the difference real cost is not the pipe itself, but the cost to install the manhole. Mr. Fred Shaw stated that the original proposal was to include a cleanout where the manhole was to be located. He asked Mr. Ussery, what’s the difference in cost between a cleanout and a manhole? Mr. Ussery responded that it will be probably close to $4,000.
Mr. Shaw asked what the constraints are for replacing the septic system. Mr. Ussery responded that he did not analyzed that option as the current system is in the ground and leaching out to the top of the ground. Having a system built in top of the ground will then require a pump to get the effluent from the pump into the system. The cost might be a $25,000 or $35,000 system; this will be a septic system that has the ability to possibly fail in the future and a pump to take care of. He explained that the solution is to connect to sewer; he asked that the WPCA assist in any way possible.
Mr. Shaw explained that the other option would be to install a cleanout instead of the manhole which in the future could still be used to serve others with the addition of the manhole at that time. Mr. Ussery responded that this will absolutely be a great help in cost. The plans need to be modified so that it shows that it will be an 8 inch pipe at a slope of 2% and cleanout is installed instead of the proposed manhole.
Motion was made to approve the application for connection to the Town’s sewerage system for a residential home located at 105 Miller Road, South Windsor, CT as more specifically shown on plans entitled “Rebecca & Howard Slater, 105 Miller Road, South Windsor, Connecticut”; prepared by J.R. Russo & Associates, LLC.; Project No. 2013-041, Sheet No. 1 of 1, Dated 5-5-2013; and subject to the following conditions: (1) The sewer main line running along the street to Cambridge Drive needs to be a 8 inch pipe at a slope of 2% instead of a 6 inch pipe at a 1% slope; (2) A cleanout be installed instead of a proposed manhole at the transition unit where it turns north towards Cambridge Drive. (3) an asbuilt drawing must be provided to the Town.
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 (Approve to Connect)
Mr. Phil Forzley from Fuss & Oneil was in attendance this evening to present the application for Evergreen Walk, LLC. He explained that the Water Pollution Control Authority recently approved the relocation of the Evergreen Walk trunk sewer. This evening, Mr. Forzley requested approval for the connection to the new trunk sewer of a proposed hotel, two (2) -four story apartment buildings, and five (5) commercial office condominiums; all proposed buildings will be connected to the new trunk sewer by gravity. This project also includes floor drains.
Mr. Siedman explained that at the time when the relocation of the trunk sewer was requested, the Authority has asked that each individual commercial condominium have a separate meter. Mr. Forzley responded that there is no problem in providing that.
Mr. Shaw explained that it is his understanding that there will be a bar for the hotel but no restaurant will be proposed at this time; Mr. Forzley agreed. Mr. Shaw reported that a grease interceptor will be needed in the event that a food preparation facility is proposed.
Motion was made to conceptually approve the proposed plans as presented for connection to the Town’s sewerage system for commercial buildings 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; Dated: 4-25-2011 and Revised on 5/28/2013; “Utility Plan”, Page CU-101, CU-102, CU-103 and CU-502 “Sanitary Sewer Details”, Dated 04/25/2011; Revised on 8/5/2011, 9/9/2011. This approval is subject to the following conditions: (1) individual meters will be installed for each commercial condominium unit.
Motion was made by Mr. Robert Dickinson
The motion was seconded by Ms. Vicki Paliulis
The motion carried unanimously
3. Water Pollution Control Budget and Sewer User Charges, Surcharges, Sewer Assessment Schedules and Septic Disposal Fees for Fiscal Year 2013/2014 (Set Rates)
Chairman Richard Aries asked the public for any statements regarding the proposed sewer rates. Resident, Steven Wagner of 181 Tumblebrook Drive, South Windsor, CT expressed that his concern is that the bill of the sewer user fees should be based on usage per residential properties although his understanding is that the best way to base the sewer user fees is on a flat rate. He expressed that there is an issue with people watering their lawn or filling up their swimming pools in the summer which the water doesn’t go in the sewer; so perhaps it will be necessary to bill in the winter months. Mr. Wagner expressed that he is reinforcing what he heard from Dr. Anwar and asked the Authority to base the sewer charge on usage rather than a flat fee which is fair to everybody.
Chairman Richard Aries thanked Mr. Wagner for his comments and explained to him that there is a Task Force Committee in Town that is having discussion to determine what’s the most fair and equitable system to distribute residential sewer user charges. He explained also, that Dr. Anwar has a very big interest in charging user rates based on usage. He explained there is some correspondence between him and Dr. Anwar in regards to sewer user charges. There are a lot of options and ways of approaching this problem which is a very complex issue.
Mr. Robert Dickinson explained that another way to bill the residential user charges is by doing what the Town of Vernon is doing which is to assess a standard rate to those people who don’t have meters and choose not to install meters; or readjust the sewer charges based on the actual water consumption which is between 65 to 67,000 gallons. Mr. Fred Shaw explained that this is a more complex problem; he also explained that the Metropolitan District Commission (MDC) has reported that it has been impossible for them to be able to operate a water usage charge system based upon water consumption. MDC customers are currently receiving water bills where rates have increased greatly in recent months and are expected to increase more in the future.
In regards to the proposed sewer rates, Chairman Aries reported that there will be no increase in the sewer rates; however, there will be an increase in the sewer assessment fees by 1.7% which is based on the consumer price index (CPI-U).
Mr. Ed Havens, Jr. expressed that he has been asked to inquire as to why the sewer rates are staying the same when there is a new sewer plant in which includes energy saving equipment that should reduce operating costs. Mr. Shaw responded that there are cost savings for various reasons; the Town is saving by using turbo blowers, using the new variable frequency drive control energy usage, and energy efficient motor. But the Town was also required to include in the upgrade a new treatment system for the removal of nitrogen. Further, the costs for maintenance have increased because now there is more equipment to maintain.
A discussion ensued in regards to the proposed budget (see Exhibit A). Mr. Shaw explained that the Authority reviewed and discussed the budget in January, February and March of this year. Mr. Siedman asked as to why $15,000 was budgeted for cell phones in a year. Mr. Shaw responded that there are ten cell phones for the Pollution Control staff. These cell phones are used for various reasons such as better communication when the staff is out in the field doing site inspections; also these cell phones are part of the SCADA system.
Mr. Donald Antaya asked in terms of Section 360 “Utilities” as to why Benedict and Clark Street are so high. Mr. Shaw responded that they are the largest pump stations in Town. He explained that Benedict Drive serves most of the eastern section of the Town except for the 469 units that flow to Vernon. The Clark Street pump station is the largest station in Town.
Chairman Aries asked if any substantial changes are expected to be seen in the budget. Mr. Shaw responded that one of the costs that may increase will be oil as now there is a system in place that uses more oil and a boiler system that operates throughout the summer. However, he has been talking to the Connecticut Light and Power (CL&P) about options like natural gas, electricity, and solar.
Motion was made to approve the proposed Water Pollution Control Budget and adopt the Sewer User Charges, Surcharges, Sewer Assessment Schedules and Septic Disposal Fees for FY 2013/2014, as presented this evening during the WPCA Public Hearing (Exhibit A and B)
Motion was made by Ms. Carol Fletterick
The motion was seconded by Mr. Donald Antanya
Upon roll call vote, Chairman Aries declared the motion carried with a vote of 5 ayes (Richard Aries, Donald Antaya, Carol Fletterick, Vicki Paliulis, William Vees) and 1 abstained (Robert Dickinson)
4. Set Time and Date for July 2013 Regular Meeting
Motion was made to schedule the July regular meeting for Tuesday, July 9, 2013 at 7:00 p.m. in the Sprenkel Room of the Town Hall.
Motion was made by Mr. Donald Antaya
Seconded by Mr. William Vees
The motion carried unanimously
D. COMMUNICATIONS AND REPORTS
Mr. Fred Shaw reported that there was an accident on Sullivan Avenue. A contractor was putting in a street light pole across from the gas station and hit one of the sewer main. The Town had to repair this line to provide bypass pumping system to complete the repairs. Mr. Shaw reported that the Town will be responsible for the cost of the damages because the contractor put in their “Call before you dig” request on May 15, 2013 and for some reason the location of the sewer were not marked. Town staff is in the process of determining how this happened so as to prevent a reoccurrence of this in the future. Mr. Shaw was asked to report next month if any policy changes will be made in the process of responding to these requests.
Chairman Aries thanked Mr. Fred Shaw and Ether Diaz for their fantastic job on the ribbon cutting ceremony for the new facility and dedication to Mr. Joe Carino. It was a great event but unfortunately due to the weather the tour of the facility could not be done. He proposed to the Authority setting up a time and date to get an informal get together with the staff at the Treatment Plant.
E. PUBLIC PARTICIPATION
Resident, Steven Wagner of 181 Tumblebrook Drive, South Windsor, CT expressed that he attended the Carino’s event and actually got a private tour of the whole facility which was very fascinating for him. He appreciated the opportunity to tour the facility and expressed that it was an excellent event.
F. BILLS, CHANGE ORDERS, DISBURSEMENTS - None
G. UNFINISHED BUSINESS
1. Legal Opinion – 549 Ellington Road, Unbilled Sewer Charges (Discussion)
Mr. Shaw explained that a legal opinion from the Town Attorney was submitted in regards to the unbilled sewer charges for a Major Home Occupation located at 549 Ellington Road, South Windsor, CT (see Exhibit C). In the Town Attorney’s opinion, the property owner did not receive proper notice of the public hearing. Mr. Shaw explained that what the Town Attorney meant by that was that the property owner did not understand that she was considered a business for the purposes of being billed for sewer user
charges separate from residential. Without this knowledge, that each year, when there was a public hearing on the sewer rates, she did not have the opportunity to comment on the proposed commercial rates. Chairman Aries explained that in reading the legal opinion provided he was not sure what the Town Attorney meant, therefore, he subsequently made some inquiries and is now satisfied with the explanation. Chairman Aries suggested a motion to approve the waiver of any retroactive billings that were not properly billed for 549 Ellington Road, South Windsor, CT as a business.
Motion was made to waive the collection of any retro active unbilled sewer user fees for previous fiscal years that weren’t properly billed for the Major Home Occupation at 549 Ellington Road based on the legal opinion presented by the Town Attorney (see Exhibit C).
Motion was made by Ms. Vicki Paliulis
The motion was seconded by Mr. Robert Dickinson
The motion carried unanimously
2. Major Home Occupation, 549 Ellington Road (Discuss Installation of Private Meter)
Chairman Richard Aries explained that the property owner of 549 Ellington Road requested a waiver for the requirement to install a private meter because she feels that she doesn’t use very much water in her business.
Mr. Shaw reported that in her particular case, she has a well and she does not want to have to install a meter. Mr. Shaw met with her and had a tour of the business. He explained that it would be very difficult to find a location for a meter because she has two pumps outside, only one of which services the business and an the upstairs residential unit. The pipes are underground and the building for the business and the residence has no basement. The building is built on a slab on grade and the interior piping is located within finished walls. There is no way to determine where the pipe line in the well is located and there are no asbuilt drawings available to determine the location of the pipe. He explained that although a meter is required, it will be a very difficult task in trying to
locate one or two places to put a meter. Mr. Shaw also explained that although a meter is required to measure the amount of water that is used, in this case, he will try to outline a reasonable method to indirectly determine what might be the flow attributable to the business.
3. Legal Opinion – Lawrence Road Sewer Assessments (Discussion)
Mr. Fred Shaw reported that in the past, the most recent bond rate has been used for assessing benefits for sewer. Following the Lawrence Road public hearing for sewer assessments, Mr. Shaw asked the Town Attorney’s opinion with regards to the interest rate that can be charged. The Town Attorney provided his opinion (see Exhibit D) which explains that if the Town project is paid through bonds, the Town could not charge more than the amount of interest the Town is charged. The current bond rate
is 2.6%. Mr. Shaw recommended charging the Lawrence Road residents the current interest rate (2.6%) instead of the initial interest rate of 6% which will allow them to save some money. They also have the option to pay it all upfront or make their own financial arrangements.
Motion was made to reduce the Lawrence Road sewer assessment interest rate from 6% to 2.6% for the repayment of expenditures (see Exhibit D).
Motion was made by Ms. Vicki Paliulis
The motion was seconded by Mr. William Vees
The motion carried unanimously
4. Legal Opinion- Juknis Benefit Assessment (Discussion)
Mr. Shaw explained that the property located at 477 Foster Street, South Windsor, CT was assessed many years ago for benefits for a project where the Town ran sewer by the house; the sewer bond was paid off. Now, Mr. Juknis has built on a newly created lot (buried lot) behind his father’s house known as 487 Foster Street and obtained approval from the Town and from the WPCA for doing the back lot. At the time of assessing the back lot, Mr. Juknis said that the Town could not assess him as his father has already paid the frontage for his house. Mr. Juknis went to the Department of Energy and Environmental Protection (DEEP) and DEEP argued on his behalf that indeed once the project is finished and the bond is paid off, the Town can’t go back and bill. A legal opinion was required and the
Town Attorney responded that even though those sewer projects have been paid off, the Town can go back and assess people that have never been assessed before (see Exhibit E). Mr. Shaw also explained that even though the original property has been assessed, there was a limit to the amount of frontage that could be assessed; there is a formula for calculating the assessment and in the formula if the frontage is more from 350 feet they defer the balance of the property for future sewer assessment purposes.
Motion was made to deny the request to waive the benefit assessment for property located at 487 Foster Street based upon the Town Attorney’s legal opinion (see Exhibit E).
Motion was made by Mr. William Vees
The motion was seconded by Mr. Donald Antaya
The motion carried unanimously
5. 415 Chapel Road – Request for waiver of Sewer Connection Charge (Approve or Deny)
Mr. Fred Shaw reported that this issue involves a young couple who bought the house located at 415 Chapel Road, South Windsor, CT. In the process of doing some improvements to their property, the property owner came to the Town to find out more about the property and obtained from the Building Department the lot plan listed as Exhibit A in Exhibit F, which shows the dimensions and the boundaries of the property. Using this diagram, the property owner marked off the leaching field (which had no dimension or
tier) in preparation for some contractor work in the back yard. In completing this work, the leaching field was damaged. He returned to the Town Hall and requested a map drawing that would show the location of the leaching field. This information was obtained in the Health Department Office (see attached Exhibit F-B) and provided to the property owner. Now, the property owner is asking for a waiver of the sewer connection charge given the fact that he was provided with the wrong diagram and information which caused him to damage his septic system.
Chairman Richard Aries asked to go to executive section as this is a legal claim.
Motion was made to go to Item H – Executive Session to further discuss Item C5-415 Chapel Road.
The motion was made by Mr. Robert Dickinson
The motion was seconded by Ms. Vicki Paliulis
The motion carried unanimously
H. MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS
At 8:40 p.m. the following members were in the Executive Session: Chairman Richard Aries, Donald Antaya, Robert Dickinson, Carol Fletterick, Ed Havens, Jr., Vicky Paliulis, Richard Siedman and William Vees.
A discussion ensued; the Executive Session adjourned at 8:55 p.m.
Motion was made to go back to Item C5 – 415 Chapel Road
Motion was made by Mr. Robert Dickinson
The motion was seconded by Ms. Carol Fletterick
The motion carried unanimously
G. UNFINISHED BUSINESS
5. 415 Chapel Road – Request for waiver of Sewer Connection Charge (Approve or Deny)
Given the fact the property owner may have not asked for the proper information the first time he requested the information, and that the plot plan diagram provided by the Building Department does not provide the location of the leaching field, only the lot dimensions; and that the Health Department is the only department charged with the responsibility in matters pertaining the septic systems; therefore, the Authority denied to waive the sewer connection fee.
Motion was made to deny the petitioner’s request for a rebate on his sewer connection fee.
Motion was made by Mr. Donald Antaya
The motion was seconded by Mr. William Vees
Upon roll call vote, Chairman Aries declared the motion carried with a vote of 5 ayes (Donald Antaya, Robert Dickinson, Vicki Paliulis, William Vees) and 2 nays (Chairman Richard Aries and Ms. Carol Fletterick)
6. Private Water Meter Standards (Discussion)
Motion was made to postpone this item until the next meeting.
The motion was made by Mr. Robert Dickinson
The motion was seconded by Mr. Donald Antaya
The motion carried unanimously
7. Rules of Procedure – Requirements for Special Meetings (Discussion)
There was a consensus to make no changes to the Rules of Procedure for Special Meetings (see Exhibit G). Any special meeting may be called at the discretion of the Chairperson based upon the reason(s) and the emergency of the request.
I. ADJOURNMENT
Motion was made to adjourn at 9:00 p.m.
The motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Ms. Carol Fletterick
The motion carried unanimously
Respectfully Submitted,
______________________________
Ether A. Diaz
Recording Secretary
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