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WPCA Approved Minutes 03/17/2015, Special Meeting

A.      ROLL CALL

Members Present:        Richard Aries (arrived at approximately 6:10 p.m.), Donald Antaya, Carol Fletterick, Ed Havens, Jr., and William Vees

Members Absent: Robert Dickinson, Vicki Paliulis

Alternates Present:      M. Atif Quraishi (arrived at 6:13 p.m.)

Alternates Absent:      Richard Siedman

Staff Present:          C. Fred Shaw, Superintendent of Pollution Control
                Ether A. Diaz, WPCA Recording Secretary
Liaison Councilor Stephen Wagner (arrived at approximately 6:10 p.m. and departed at 6:23 p.m.)

Vice-Chairman William Vees called the meeting to order at 6:03 p.m.  The following actions were taken during the March 17, 2015 Special Meeting of the Water Pollution Control Authority (WPCA).

B.      NEW BUSINESS

        1.      FY 14/15 Industrial/Commercial Sewer User Charge Billing (Approval)

Included with the Agenda was a copy of the revised FY14/15 Industrial/Commercial Sewer User Charge Billing list (see Exhibit B).  When compared with last years billing list, this year’s total industrial/commercial flows increased by 8.2% and the revenue increased by 21% (see Exhibit A).  Mr. Shaw distributed a summary review of the impact of this year’s rate changes (see Exhibit C).  He explained that by increasing the rate ($/gallon), the cost for the commercial sector increased ($117,620), while the combined total revenue from both the residential and industrial/commercial sectors decreased ($30,304) if compared to what the total revenue would have been had there been no rate change.  The increase in the commercial sector was not enough to off-set the decrease in the residential sector even though the commercial flows were higher in FY 2014/2015 than flows in FY 2013/2014.  The Authority reviewed the insert that will be included with the bill which is an explanation of change in the Commercial/Industrial Condominium sewer user fee see (Exhibit D).

Motion was made to approve the Industrial/Commercial Sewer user Charge billing list for FY2014/2015 as presented, (see Exhibit A)

The motion was made by Mr. Donald Antaya and seconded by Ms. Carol Fletterick.
The motion carried unanimously

        2.      487 Foster Street, Sewer Assessment (Discussion)

Mr. Fred Shaw explained that he has recently been contacted by Town Attorney Keith Yagaloff with regards to the outstanding sewer assessment for property located at 487 Foster Street, South Windsor.

Mr. Shaw explained that this matter has been discussed by the WPCA in recent years; it goes back when Mr. Juknis subdivided the parcel (477 Foster Street), and built on a lot behind his father’s house.  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.  The WPCA discussed the matter and a legal opinion was required at that time.  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.  Following the legal notice, the Authority agreed to move forward with applying the sewer assessment for this property; the total assessment for 487 Foster Street was $6,272.  Mr. Shaw explained that a public hearing would need to be scheduled for each property and a notice listing the assessment placed in the newspaper for benefit assessment; in this particular case it has not happened, however, in the past the assessments had been handled at the closing.

Mr. Atif Quraishi arrived at 6:13 p.m.

Mr. Juknis is in the process of selling the house and went to Town Attorney Keith Yagaloff requesting a settlement.  Town Attorney Keith Yagaloff, emailed Mr. Shaw offering a settlement in the amount of $5,000 instead of the total assessment ($6,272).  Mr. Shaw asked what is unique in this particular case so as not to create a precedent.

Liaison Councilor Wagner departed at 6:23 p.m.

The Authority reviewed the documents provided regarding this matter (see Exhibit D) and discussed the current sewer assessments procedures.  Mr. Fred Shaw was asked to contact Town Attorney Keith Yagaloff to determine whether or not the offer being made is a final offer with no further negotiations.  This matter will be further discussed at the next WPCA regular meeting.  Chairman Richard Aries asked for this item to be added to the agenda both as items for Executive Session and for purposes of reviewing the current sewer assessment policy.

C.      ADJOURNMENT

Motion was made to adjourn the meeting at 6:58 p.m.

The motion was made by Mr. Ed Havens, Jr. seconded by Mr. Donald Antaya.
The motion carried unanimously

Respectfully Submitted,



_____________________________
Ether A. Diaz, Recording Secretary