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WPCA Approved Revised Minutes 09/03/2013, Regular Meeting
A.      ROLL CALL

        Members Present:                Richard Aries, Robert Dickinson, Carol Fletterick, William Vees

        Members Absent:         Donald Antaya and Vicki Paliulis

        Alternates Present:     Ed Havens, Jr. sitting in for Donald Antaya
        
        Alternates Absent:      Richard Siedman

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

        Others Present:         Peter DeMallie, Design Professionals, Inc.
                                        Chris Davis, Applicant
                                        Don Gonsalves, Town Resident

Chairman Richard Aries called the meeting to order at 7:00 p.m.  The following actions were taken during the September 3, 2013 Regular Meeting of the Water Pollution Control Authority (WPCA).

B.      ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS

        July 9, 2013 – Regular Meeting

        The minutes were grammatically corrected.

Motion was made to accept the minutes of the July 9, 2013 regular meeting as amended.

The motion was made by Mr. Ed Havens, Jr.
The motion was seconded by Mr. William Vees
The motion carried unanimously

C.      NEW BUSINESS

        1.      Chris Davis, 986 Pleasant Valley Road (Approval to Connect)

Mr. Peter DeMallie presented the application for 986 Pleasant Valley Road, South Windsor, CT.  He explained that there was a low level pressure system force main installed on behalf of two properties (980 and 981 Pleasant Valley Road) and it’s a private system.  In January, 2013, there was a fire at the house at 986 Pleasant Valley Road; it was rebuilt and the septic system doesn’t meet today’s code.  Mr. DeMallie explained that the force main is right off the property line (986 Pleasant Valley Road) and the property owner, Mr. Chris Davis, is entering into a private agreement with the two private parties who own the system as thereby become a third party.  In the Memorandum dated August 30, 2013 from the Town Engineer, Jeff Doolittle (see Exhibit A), he recommended that the existing 2 inch force main should be extended eastward along the front of the property at 986 Pleasant Valley Road to make available future service to other properties to the east.  The 1 ½ inch force main (building sewer) from the house can then be connected to the 2” force main in the road.  The applicant had proposed to extend the existing 2” force main with a 1 ½ inch force main, as shown on plans.  The cleanout as shown on the plan will be relocated to the end of the 2” force main in the street.  Mr. DeMallie reported that the comments listed in the Memorandum from the Town Engineer except for Comment No. 2 will be implemented to the project plan.

Motion was made to accept the application of an existing single family residential home for connection to the existing South Windsor sanitary sewer on Pleasant Valley Road; as more specifically shown on plans entitled “Chris Davis, 986 Pleasant Valley Road, South Windsor, CT”; prepared by Design Professionals, Inc., South Windsor, CT.  Project No. 3342, Sheet SC-1 “Sewer Connection Plan”, Dated 7/31/2013.  This approval is subject to the following conditions: (1) comments listed in the Memorandum from Jeff Doolittle, Town Engineer dated August 30, 2013 attached hereto as Exhibit A; with the exception that there be a change to Comment No. 2: replace the proposed extension of 1-1/2 inch force main with a 2 inch force main extension to the property and relocate the cleanout, as shown on plans, to the end of the force main; (2) Technical approval of the Town of South Windsor Engineering Department; and (2) 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 approved by the Authority, and meeting all regulations and appropriate technical specifications relating to sanitary sewer construction.

The motion was made by Mr. Robert Dickinson
The motion was seconded by Mr. Ed Havens, Jr.
The motion carried unanimously

        2.      Town of South Windsor Sewer Service Area Map (Approval)

Mr. Fred Shaw reported that at the previous WPCA meeting it was mentioned that one of the lots in the original GIS map of the Town sewer service area was not shown as an area for future sewer connection; the original map was labeled with the date upon which the WPCA approved the map.  Mr. Shaw reported that the correction has been made; the lot is where the school is on Avery Street.  Mr. Shaw presented the official and corrected sewer service area map dated September 3, 2013 for approval from the WPCA.

Mr. William Vees asked what was changed in the map.  Mr. Shaw responded that the area was listed as land for conservation; however the area should have been labeled for future sewer connection.  Mr. Robert Dickinson asked if the school is currently connected to the Town’s sewer system.  Mr. Shaw responded that it is not however it has an old system in place and should soon need to be connected.

Mr. Peter DeMallie expressed that he knows that Mr. Fred Shaw and Town Planner, Michele Lipe and others have been working hard to get the Sewer Service Map greatly improved, and he is delighted that they were able to achieve that.  He also expressed that the Town sewer service map has tremendous significance to the Town of South Windsor.  However, it has tremendous impact on property values and potential development of properties.  He explained, for example that any site on the map that is color coded in green and ends up been serviced in any way, it could jeopardize grant funding from the State.  He emphasized that the map is a tremendously powerful tool for policy implementation; so, it’s like another layer of the zoning regulation.  Another example is the property located to the north of Orchard Hill School and westerly of Timothy Edwards Middle School; Mr. DeMallie explained in the event that the Town decides that they need to do a substantial new school, since the site is shown on the map in green, sewer and funding from the State is not an option.

Mr. William Vees asked what the mechanism is to make any changes to the map.  Mr. Shaw responded that the State will require that it be demonstrated that other alternatives were not feasible at the time.  Mr. DeMallie also explained that Nevers Road Park is also color coded in green; if the Town wants to connect the pavilion building to the sewer it cannot be done today based on the map, unless a revision of the map is requested.  Mr. Fred Shaw explained that the map is in complete compliance with the Office of Policy and Management (OPM) plan of conservation and the map fully reflects the Town’s plan of development as it currently exist; it doesn’t mean it cant be reviewed and changed.  Mr. DeMallie personally appreciates Fred Shaw’s and Michele Lipe’s for their efforts in trying to get the map improved and corrected.  With no further comments, Chairman Richard Aries reported that obviously the Authority cant look at every single parcel to evaluate its accuracy, however he feels comfortable in approving the map based on the information provided by Mr. Shaw and with the revisions that have been made by Town staff.

Motion was made to approve the Sewer Service Area Map dated September 3, 2013.

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

        3.      Residential Sewer User Charge Billing (Approval to bill)

Included with the Agenda was a memorandum from Mr. Fred Shaw (see Exhibit B).  It explains that there were 24 new residential sewer connections during the past year and two disconnections.  There are 8122 accounts which includes the multi family houses; this billing reflects the user charge rate of $374.00 per residential unit which has not changed from last year.

Mr. Don Gonsalves was present this evening.  He reported that to his knowledge there was supposed to be a joint meeting between the Town Council and the Water Pollution Control Authority which was going to be held before the issuance of the residential sewer user charge billing; however, no meeting has been scheduled.  He also explained that the Town’s Attorney has informed that the Town Council has no control over the Water Pollution Control Authority; yet Chairman Aries in his letter indicated that the Town Council does have some control over the Authority.  Also, Mr. Gonsalves reported that on the Agenda, Item G3 is about 64,000 gallons; he expressed that finally the Authority admitted that the average sewer use is about 64,000 gallons which he have brought up to the Authority about three years ago.

Mr. Fred Shaw explained that Item G3 of the Agenda is listed for discussion purposes; it was a “what if” evaluation or determination as to what would be the impact on the user charge system based if the average residential flow was 64,000 gallons per residential unit.  He also explained that this information was presented at a previous meeting of the Task Force Subcommittee of which Mr. Gonsalves is a member.

Mr. Gonsalves explained that lowering the average water use from 93,000 gallons to 64,000 gallons is going to be a big increase this year for the commercial people.  Chairman Richard Aries explained that the WPCA has the Authority to make adjustments that are required in terms of equity and in terms of the budgetary means as needed.  Mr. Gonsalves responded that as a tax payer, the Authority does not adjust rates based on complaints.  Chairman Aries asked Mr. Gonsalves if he is in favor of raising the rates.  Mr. Gonsalves responded that he is in favor of making the commercial rates equal to 64,000 gallons which it should have been many years ago.  Chairman Aries explained that to base the commercial sewer rates on 64,000 gallons is just one factor; however there are several factors.  Mr. Shaw explained that during the advisory meetings it was pointed out even though residents have been able to reduce their water consumption the same amount of waste remains to be treated at the Plant; waste treatment costs represent 90% of the total cost.  The remaining 10% really represents costs that can be attributable to the quantity of water.  However, the actual cost, the system does not really change that much.  He also explained that the Metropolitan District Commission is having a problem with that now; their rates have going up and the CT Water Company is going to be facing the same thing too because the water consumption has been shown to be a very poor means for allocating the system costs.

Mr. Gonsalves expressed that he is a member of the Task Force Subcommittee and in the last 16 months they have met only once; at that meeting members of the Subcommittee promised that they were going to have a new system in place possibly by this year or for next year 2014.  Chairman Aries responded that he has made inquiries as to scheduling future meetings of the subcommittee.  However, he explained that he is a bit skeptical as to making any change at all to the system that is currently in place.  He does not see that there can be any other system that creates more fairness; what it will do in his view is create a little bit of relief for some and a higher cost for others.  Therefore, he is reluctant to support a change in the current billing system.  He understands that he does not have any power to stop a change but he has not made any promises to make any changes to the current system this year or next year.  Chairman Aries has reviewed the information that has been presented; however, that has not changed his position at all.

Mr. Gonsalves feels that since a joint meeting has not been scheduled in 16 months, there should be a meeting first to review the budget and then issue the residential sewer use bills.  Mr. Gonsalves also explained that he has made many requests to obtain a copy of the reserve schedule; however, the Town doesn’t provide it.  Mr. Shaw responded that the capital projects report was available at the last advisory meeting which Mr. Gonsalves as a member attended.  Also, another copy was provided during the WPCA budget meetings and a copy of this report is contained in the minutes of the February 5, 2013 meeting and is available on the Town’s website.  The WPCA had budget meetings on January, February and March of this year; and on February the capital projects balances were all reviewed.  The report is always available; it changes as projects are closed out.

Mr. Gonsalves expressed that he is very interested in the Water Pollution Control budget; he wants to know how much goes to reserve because that’s the key to set the sewer fees.  He also expressed that one of the big things in Town is that people are upset with the increase of taxes this year; they went up about 9%. The spending was up 4.8% and the biggest piece of that was to pay for the sewer bonds.  Chairman Aries responded that the Authority is very sensitive to that issue.  In a letter to the editors, he explained, Mr. Gonsalves made the allegation that the Authority raised the sewer user fees for residents by $100 a year for several years.  Chairman Aries expressed that in his view the statement is very inaccurate; the Authority lowered the sewer rates significantly one year in response to the Town Council request.  The rates were significantly lowered to a rate well below what Mr. Shaw was recommending.  At that point and time an enclosure was included in the billing that stated to all citizens that the Authority was sensitive to the economic pressure, but the Town couldn’t maintain that low rate.  Now, the sewer rate is only $34.00 higher than five years ago.  Mr. Gonsalves reported that he was going to attend the Town Council meeting this evening and was going to suggest having an advisory meeting soon to determine whether or not the Town Council has any control over the WPCA and to review the sewer billing system.  Chairman Aries informed Mr. Gonsalves that he would contact the Town Manager to inform him that the WPCA is looking forward to having a joint meeting with the Task Force/Advisory Committee as soon as possible.  With no further comments the public participation ended at 7:43 p.m.

Mr. Shaw reported to the Authority that contributions to the reserve are in a budget package and it came from other sources of revenues; not from the user fees.  Mr. Shaw will also inform to the Town Manager that the WPCA is looking forward to meet with the Task Force Committee.

Motion was made to approve the Residential Sewer User Charge billing list for FY2013/2014 as presented in the Memorandum from Mr. Shaw dated September 3, 2013 attached hereto as Exhibit B.

The motion was made by Mr. Robert Dickinson
The motion was seconded by Ms. Carol Fletterick
The motion carried unanimously

        4.      Phase II Improvements – Manhole Rehabilitation (Review & Approval)

Included with the Agenda was the proposal offered by the Consultant Engineering firm (see Exhibit C) to prepare contract drawings and specifications for Phase II improvements as recommended at the WPCA meeting in July 2013.  The scope of work is to provide chemical injection/grouting of spot leaks, joints or pipe boots at 7 sewer manholes; rehabilitate/Line 7 sewer manholes; replace or repair combinations of 13 frames, covers and /or risers and to remove and re-install one new drop pipe connection.  They are proposing the scope of work on a time-charge basis with a not-to-exceed fee of $12,400.00 which includes the engineering work for the sewer manhole rehabilitation items.  In response to Mr. William Vees question, Mr. Shaw responded that “QA/QC” stands for “Quality Assurance/Quality Control” which means in house review of the plans to make sure that they are done correctly.

Motion was made to approve the proposed scope of services and fee for preparation of Phase II Sewer System Improvements-Manhole Rehabilitation Bid Package as presented on Exhibit C.

Motion was made by Mr. Robert Dickinson
The motion was seconded by Ms. Carol Fletterick
The motion carried unanimously

        5.      Amendment No. 3 for Sewer System Evaluation Study (Review & Approval)

Also, included with the Agenda was a copy of the Amendment No. 3 to the original Engineering Agreement for review and approval (see Exhibit D).  This scope and fee is to conduct a sewer system evaluation study based on the findings and recommendations that were reported during the WPCA July meeting.  This works includes reviewing closer the sources of inflow and infiltration, by both camera work and field inspections.  The cost is estimated to be in the neighborhood of $251,191.  A copy of this amendment was sent to the Connecticut Department of Energy & Environmental Protection (DEEP) for their review and approval; and if DEEP is agreeable, they will consider this work eligible for 55% planning grant money.  Mr. Fred Shaw reported that there are sufficient funds in the Manhole/Rehabilitation account to cover for the remaining 45%.  Mr. Shaw explained that the benefit of this study is that it will be focused on the areas of where the problems are which will also generate another report about what work needs to be done in the future to avoid a failure of the system.

Mr. William Vees expressed concern in the language used on Page 3 of Exhibit A of Amendment No. 3 which reads as follows: “If it becomes apparent to ENGINEER at any time that the total amount of compensation to be paid to ENGINEER for these services will exceed the estimate, ENGINEER will so notify CLIENT in writing......”  He explains that his understanding is that the Town is responsible should they exceed the fee.  Mr. Fred Shaw responded that this is an amendment to an existing contract which states that the proposed fees will not be exceeded without the prior approval of the Town WPCA.  If they think that they are heading in a direction such that they might exceed the cost and that they will complete the scope of the work for the fee as stated in the contract.  Mr. Shaw will provide to the Authority with a copy of the original contract for their review.

Motion was made to approve Amendment No. 3 of the Engineering Services Agreement for administration and inspection fees to conduct a Sewer System Evaluation Study as shown on Exhibit D.

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

D.      COMMUNICATIONS AND REPORTS

Mr. Shaw reported that the Town lost an employee to the MDC; now the Town is in the process of hiring a Plant Operator II with at least couple of years of experience.

Chairman Richard Aries explained that this evening, Mr. Don Gonsalves raised the issue on the sewer user charge for commercial condominiums and how they should be billed.  He also reported that Mr. Richard Siedman also expressed concern on the same issue and a discussion ensued on how the regulations should be changed with regards to sewer user charge for commercial condominiums.  Chairman Richard Aries explained that at the previous WPCA meeting one of the applicants was advised by the Authority to put in individual meters as there will be a change in the regulations.  However, Chairman Aries made a statement that he felt uncomfortable in making an official requirement for installing individual meters when the rules haven’t been changed.  A copy of section 16 of the Rules and Regulations was distributed for review (see Exhibit E).  Mr. Fred Shaw explained that the regulations state that there should be a connection to the building.  He explained that there was some concern about the language in the regulations as far as what is connected to the sewer and who gets billed.  Is it the owner of the building or the individual owners at the condominium associations?  However, he explained, that the Authority doesn’t want to charge more than what it costs to treat the waste water that comes in.  A discussion ensued and Chairman Richard Aries suggested for everyone to review the regulations for further discussion.  This will be put on the agenda for the next meeting to discuss changes that can be made with regards to sewer user charges commercial condominiums.

Mr. Fred Shaw reported that he will be out of work the last week of September and first week of October.  Therefore, he will not be able to attend the WPCA meeting in October.  Chairman Richard Aries responded that it will be very helpful if Mr. Shaw is in attendance; there was a consensus to reschedule the meeting from October 1st to Tuesday, October 15, 2013 at 7:00 p.m.

E.      PUBLIC PARTICIPATION - None

F.      BILLS, CHANGE ORDERS, DISBURSEMENTS - None

G.      UNFINISHED BUSINESS

        1.      174 Farnham Road – Unbilled User Charges (Legal Opinion-Discussion)

Mr. Fred Shaw explained that he submitted a Legal Opinion request to the Town Attorney; he is still waiting for the response.

        2.      415 Chapel Road, Release Form (Legal Opinion-Discussion)

A legal opinion request form also has been submitted for the Town Attorney to respond with regards to 415 Chapel Road; Mr. Shaw is still waiting for the Town Attorney’s response.

        3.      User Charge Impact (Water Consumption Average 64,000 gallons)-Discussion

Included with the Agenda was a copy of the User Charge Impact in terms of 64,000 gallons per the request by Mr. Robert Dickinson (see Exhibit F).  This information was previously presented to the Authority.  Mr. Shaw explained that this was a “what if” evaluation as to what would be the impact on the user charge system base if the average residential flow was 64,000 gallons per residential unit.  Mr. Shaw also provided the frequency distribution of water consumption and what the impact would be on projected revenues; it was previously determined that the rates will be significantly higher if the rates are based solely on water consumption.  Chairman Richard asked if there is flexibility to change the commercial user charge.  Mr. Shaw responded that there is some flexibility which is based on equity considerations; also the formula used in the regulations it’s based upon flow or 93,000 gallons.

        4.      Private Water Meter Standards (Discussion)

Mr. Fred Shaw reported that he requested information from CT Water Company; they made reference to a statute that they all have to comply with for performance based upon meter standards.  However, Mr. Shaw has not yet obtained the information.

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

I.      ADJOURNMENT

        Motion was made to adjourn at 8:50 p.m.

        The motion was made by Mr. Ed Havens, Jr.
        The motion was seconded by Mr. Robert Dickinson
        The motion carried unanimously


Respectfully Submitted,



______________________________
Ether A. Diaz
Recording Secretary