A. ROLL CALL
Members Present: Richard Aries, Donald Antaya, Robert Dickinson, Carol Fletterick, Ed Havens, Jr., Vicki Paliulis and William Vees
Alternates Present: Richard Siedman
Alternates Absent: M. Atif Quraishi
Staff Present: C. Fred Shaw, Superintendent of Pollution Control
Ether A. Diaz, WPCA Recording Secretary
Others Present: Liaison Councilor Stephen Wagner
Town Attorney Keith Yagaloff
Public Participation: Jeff Sawyer, Property Manager for Wentworth Park
John Yobst, Wentworth Park Unit Owner
Christine Ratzel, Wentworth Park Unit Owner
Kitty Marra, Property Manager for Westgate Professional Condo Association
Darlene Pizasnyski, Wentworth Park Unit Owner
Suzanne Lingrea, Wentworth Park Unit Owner
Chairman Richard Aries called the meeting to order at 7:00 p.m. The following actions were taken during the April 7, 2015 Regular Meeting of the Water Pollution Control Authority (WPCA).
B. ACCEPTANCE OF MINUTES OF PREVIOUS MEETING
1. March 9, 2015 – Special Meeting
A couple of corrections were made to the minutes by Mr. William Vees. On page 1, change the name from “Richard” to “William Vees”. Also, Mr. Vees explained that he abstained in the vote; therefore, he recommended changing the vote from “nay” to “abstained” on Page 6.
Motion was made to approve the minutes of the March 9, 2015 Special Meeting as amended.
The motion was made by Mr. Donald Antaya and seconded by Mr. William Vees. The motion carried unanimously.
2. March 17, 2015, Special Meeting
Mr. Fred Shaw made the following change to the minutes. Item B – New Business – instead of $118,000 the actual figure was $117,620 and the decrease was actually $30,304 not $29,719; Mr. Shaw previously distributed a correction of that impact and is shown as Exhibit C.
Motion was made to approve the minutes of the March 17, 2015 Special Meeting as amended.
The motion was made by Mr. Ed Havens, Jr. and seconded by Mr. William Vees. The motion carried unanimously.
C. NEW BUSINESS
1. Wentworth Park Condominiums FY 14/15 Sewer User Charge Billing (Discussion)
Chairman Richard Aries opened the floor for Public Participation at 7:04 p.m. and discussion of the current commercial condominiums sewer user charge billing.
Mr. Jeff Sawyer, owner and property manager for Wentworth Park Condominiums was in attendance this evening. He explained that Wentworth Park is basically office condominiums consisting of a total of thirty three condo units; thirty of which are general offices, one unfinished unit and two units which are hair salons. He mentioned that their bill for Fiscal Year 2013/2014 was in the amount of $933 for Wentworth Park Condominiums Phase I which has 24 condo units. The bill for Wentworth Park Condominiums Phase II with 9 condo units was in the amount of $374. The total bill amount was $1,307. He stressed how in shock he was when he received the bill for the current fiscal year. The bill for Wentworth Park Phase I is $8,900 which represents an increase of over $7,900 in one year. The
bill for Wentworth Park Phase II increased to $2,474. He explained that they prepared their budget for 2015 based on the previous sewer user charges. Their budget has increased by almost $11,000 in one year. Now they’ll have to assess all of the office condo owners $356 for this year and raise their association dues an additional $30 a month to cover the increase in the sewer user charge. Mr. Sawyer voiced his concerns in how they have been currently billed as most of their condo units are standard offices with one break room sink, one restroom sink and a toilet; there is no showers, no washer machines and they don’t have any sprinkler system. Therefore, he believes that they have been unfairly compared with industrial offices and residential homes. He made reference to their water bill for the past four years (Exhibit A) and explained that their average yearly usage at Wentworth Condos Phase I and Phase II is about 8,000 gallons of water a
year. He also included a copy of their last water bill for the two hair salons which average 36,000 gallons a year.
In other words, Mr. Sawyer complained that they are been billed $356 per 84,000 gallons per office condo when in fact they are not even closed to using that much of water. They are currently been billed for 2.5 million gallons of water usage. “The numbers simply don’t add up” and “our small businesses are getting hammered”, said Mr. Sawyer. He expressed that he’ll prefer for the sewer user charge be based on the amount of water that they use as it is a fair method.
Chairman Richard Aries thanked Mr. Sawyer for his input and acknowledged that Mr. Sawyer certainly pointed out all of the pertinent facts. The Water Pollution Control Authority (WPCA) was mindful that that this was going to be the sector that was going to get hit the hardest with the sewer user charge increase, said Chairman Aries. He also explained that over two years ago a water sewer user rate Task Force Committee was put together to try to make a more equitable system for billing; a lot of different interests were represented. The Task Force Committee was represented by four members of the Town Council, Town Attorneys and staff from the water company, two members of the WPCA, Town staff and two members of the public.
Chairman Aries continued to explain the following:
The Town has had for many years a flat rate for all residences which is based on a formula (flat rate/96,000 gallons) that was recently changed to $356/84,000 gallons; however, the Authority does not anticipate every residence and every business as well that have a property as using 84,000 gallons. This is basically a flat rate that takes cares of the budget needs of the WPCA. The Town has a great investment in the sewer system. The Town has a mandate to ensure that the system is going to always run, 24/7, now and tomorrow. Also, to make sure that the Authority plans for the future and that there is enough funds available to cover any contingency, said Chairman Aries.
Chairman Richard Aries remarked that the Town’s sewer system is sort of the “invisible highway” as it works; “you never see it and you never hear about it and if you do then there is a problem typically” said the Chairman. The sewer system is the second most valuable asset in the entire Town covering miles upon miles and it takes a lot of money to run; the Town recently had to upgrade the treatment plant which costs a lot of money to do. The Authority has actually been able to keep the sewer user rates at a very good rate when compared to not only the whole state of CT but even just the surrounding towns. In the two years that the Task Force Committee met and discussed the sewer user rates, things came up with some conclusions that were a little surprising to the Authority, said Chairman Aries. One was that in comparing what the residential units were paying per unit compared to business units it turned out that the businesses were not paying the same amount; the
businesses were paying less per water consumption than the residential units. The one area that was discussed at many meetings was the fact that commercial and industrial condominium units had pretty much the best bargaining there was out of any units in the entire Town. For example, when calculating the 2014 sewer user rate for Wentworth Park I and II, each unit was paying approximately $39 per unit compared to every other single entity in Town having the minimum flat fee to pay every year. Therefore, for many years Wentworth Park owners had a very good, very beneficial rate compared to every body else paying the flat fee, said Chairman Aries.
Chairman Aries also explained that one of the things that motivated the Task Force Committee was the idea that there were a lot of people, mainly seniors as one group that uses very little water as well. The Authority heard from some of that community about why they should have to pay the same as the large family homes perhaps using more water. The Authority studied that matter and tried to see if there was a way to create a system that could be fair; however, it is very difficult when trying to measure how people are utilizing the sewer system, said Chairman Aries. The water consumption method is a method that basically works in a rough sense, but it really is impossible to determine who’s using the sewer system more than anybody else. There was a large push by many to alter the formula from a
uniform flat fee for most units into a fee that was altered based on water consumption, however, the Authority ultimately had to reject that suggestion because it was essentially impossible to implement, explained Chairman Aries. Therefore, in order to share the burdens and the equities involved, the Authority came up with the current sewer user charge rates, said Chairman Aries. He assured that a press release was published before the public hearing in the local paper and that the Chamber of Commerce was also notified to distribute it out in a manner that they did. A public hearing was held to address questions and concerns at that time. The Authority was fully aware that this change was going to impact the commercial condominiums owners the hardest. Mr. Jeff Sawyer responded that if that was the case, why they weren’t contacted directly rather than publishing a legal notice in the paper which he doesn’t reads, and he’s not a member of the
Chamber of Commerce. He believes that someone should have directly reached out to them.
Chairman Richard Aries apologized for not taking the extra steps and reaching out to every individual commercial/industrial condominium owner about the changes. However, he explained that the philosophy behind the sewer user rate change was not to penalize the business owners or to create an extra burden on them, but in general to make it more equable. The formula was changed as well as far as how many gallons will start a prorated charge and with this decision the whole business community was going to be impacted by these two changes.
Mr. Jeff Sawyer asked Chairman Aries to explain how the 84,000 gallons was determined. Chairman Richard Aries responded that the formula changed from flat rate/93,000 gallons to flat rate/84,000 gallons. This formula was based upon various measurements that are taken by water utilities. He explained that one of the things that the Task Force Committee challenged was those numbers. The Authority was actually been lobbied by Town Council members to go actually lower than the 84,000 gallons and the Town Council actually expressed disappointment that the Authority didn’t go further down and create the standard to use 79,000 gallons which again would have resulted in increased fees. The Authority felt that was not necessary so they voted for a smaller incremental decrease in the
gallons.
Mr. John Yobst came before the Authority and expressed that he owns a company called Lean Physique, LLC located at 225 Oakland Road. He’s been doing business in Town since 1996 and prior to buying the unit at 225 Oakland Road, his business was established on Sullivan Avenue. Upon the opportunity of buying the condo unit he decided and committed to keep his business in this Town until his retirement. He explained that he brings a lot of people to this community and it is very dishearten that every time he turns around with little or no notice he encounters additional charges. He said that the Town of South Windsor has always had a bad history with trying to get commercial properties and businesses in to Town. He’s is been in Town for twenty years and used to be very active in the Chamber of
Commerce so to have things like this with no notification is very disheartening. He expressed that he thinks that the people that run this town and any government needs to be a little more cognizant before they start adding fees and spending money that they don’t have. He suggested that if the Town wants to keep businesses in Town, then the Town should not continue to hit them with fees as they will be forced to leave the Town because they cant afford to extra fees that are been tacted on. He further recommended that in the future, if the Town is going to be assessing businesses with large fees, then the Town needs to reach out to the businesses.
Ms. Christine Ratzel came in front of the Authority and expressed that she owns a condo unit at Wentworth Park. She’s been doing business in Town for about ten years. She comes from Massachusetts and does not read any Connecticut newspaper. She travels an hour each way every day and thanked Chairman Aries for his apologies, however, “to have an apology for $10,441 doesn’t work for me”, said Ms. Ratzel. She expressed that she’s inclined to both shut off her water and bring her own water to her unit because of the sewer user charge; and although she enjoys working in this Town, she’s also inclined to leave the Town. She further expressed that she can’t believe that the Authority can’t come up with a better formula in terms of the elderly sewer user charge. Ms. Ratzel explained
that’s she is seventy one years old and continue working full time because she cannot retire and now she have to pay extra money to pay the sewer user charge. “It doesn’t make sense, especially with no notification”, said Ms. Ratzel.
Ms. Kitty Marra, President of the Westgate Professional Condo Association, came before the Authority and voiced her concerns. Westgate Professional Condo Association is locate at 1330, 1340 and 1350 Sullivan Avenue, South Windsor, CT. She explained that there are twelve office condos owned by seven different people. In 2014 their water usage was 182,000 gallons, and this year, the Town is billing them 1,821,000 gallons which is a 484% increase. Ms. Marra expressed that she didn’t see any notice with regards to this matter and it would have been nice to hear about the sewer user impact sooner. She respectfully requested for an adjustment of the bill. She declared that in her opinion the current sewer user charge is a different version of a flat rate.
Ms. Darlene Pizasnyski came before the Authority; she explained that she recently became a new owner along with Elizabeth Brady of a unit at Wentworth Park Condominiums; and she has two spaces available to rent in the unit. Ms. Pizasnyski is from the Town of Bloomfield and has been a psychiatric nurse for over 35 years. As part of her job she tries to be as fair and equitable as she can be and she also extend her services to people that cannot afford services. She described what her feelings were when she was informed of the increase in the sewer user charge. She emphasized that the increase is very unfair and she wishes that they had known sooner about the impact of the rate change; but that didn’t happened. As a business owner they are not in the unit on the weekends and they hardly use the
water. She believes is not fair to be charged the same as the residential sector; and she thinks that the elderly should get a lower sewer user rate.
Chairman Richard Aries emphasized that one of the motivating factors is that the Authority has at every opportunity assisted businesses by increasing sewer usage as oppose to say septic tanks and to continue to build in and develop the Town. It’s a well known fact that a fully functioning well run sewer system attracts businesses and that’s one way that the Town tries to assist businesses. However, “it doesn’t come free unfortunately”, said Chairman Aries. To pursue justice and fairness is a huge motivating factor for the Authority. The Authority is looking to pursue another change by instituting a reduction in the sewer user fees for the population of elderly and the disabled who are receiving assistance in other areas in Town; this change does not have an impact on the budget and it
doesn’t alter and create an additional heavy burden on the commercial/industrial condominium owners.
Ms. Suzanne Lingua came before the Authority and reported that she owns a unit in Wentworth Park; she has operated her business in Town for 22 years and although she is no longer a Town resident, she pays property taxes. She voiced her concerns as she would hope that the Town would consider their needs to a concern as well. She remarked that certainly non-residents don’t have any impact on whether or not any member of the Authority would be voted into office or out of office. “That’s not loss on me”, said Ms. Lingua. She asked whether or not there were any small businesses representation as part of the Task Force Committee. Ms. Lingua recommended that in the future, if there were some changes in the fees that would affect business owners, that they would have some level of
notice.
Chairman Richard Aries responded that members of the Water Pollution Control Authority are appointed volunteers; many of the members have serve for quite a long time; some of them over a decade in this capacity and they are not there for compensation nor do they stand for election. Members of the Authority on occasions had a few discussions with the Town Council in the past regarding the independence of the Authority and to make sure that the Authority doesn’t get unduly influenced by things like electoral politics and things of that nature, explained Chairman Aries. However, the Authority has a mandate to make sure above all that they maintain the sewer system now and in the future and to do it in a business like manner. The Authority also has a budget review process that is very transparent; the WPCA
is virtually a self funding organization. The WPCA on one occasion have provided some financial assistance with regards to an understanding reached regarding the funding of the rehab of the Town’s main sewer plant; however, the WPCA needs to ensure that enough revenue is coming in to guarantee that public safety is taken care of, the sewer system is maintained, and that the Authority is ready for any contingency.
Chairman Richard Aries also responded that the Task Force Committee was formed by representatives of the Town which includes one citizen who was a former retired business man, a very active participant but was not an owner of a commercial/industrial condominium complex. Also, Town Council members and the Town Mayor who are elective officials were part of the Task Force Committee. There were definitely expressions of concerns, expressions of interest and the business community was represented in that respect.
Mr. Robert Dickinson reported that all meetings of the Water Pollution Control Authority are opened to the public. The public may obtain access of all the notices by subscribing to the Town’s website. He expressed that he thinks that the ideal way will to assess charges is to have a partial fix charge plus water usage; however, the cost of assessing water usage will be very substantial and will probably require additional administrative costs. Chairman Aries added that in the next couple of months of the WPCA regular meetings the Authority is going to be starting to focusing on the sewer user rates for next year and the public is fully invited to attend the meetings.
Mr. John Yobst thanked members of the WPCA for their job. As far as the meetings, he expressed that he works 75 to 80 hours a week and therefore he does not have the time to keep track on when meetings are. As he owns two commercial condo units, he will be paying double which will create a hardship for him. He also recommended the Authority reach out to the business communities in the future.
Chairman Aries was asked if the Authority can make an adjustment of the sewer user bills. Chairman Aries responded that’s not possible right at this point. The Authority is preparing to set the sewer user charge rates for next year; however, the Authority will be looking at the public input received this evening with regards to this situation. Chairman Aries expressed that he does have a few ideas that he will be presenting to the Authority regarding some potential for modification. With no further public input Chairman Aries thanked the public for their input. The public participation ended at 7:55 p.m.
Motion was made at 7:56 p.m. to go into Executive Session to Discuss Item G1.
The motion was made by Mr. William Vees and seconded by Mr. Donald Antaya. The motion carried unanimously.
G. MOTION TO GO INTO EXECUTIVE SESSION TO DISCUSS PENDING CLAIMS
1. 487 Foster Street, Sewer Assessment (Discussion)
The following individuals went in to executive session: Richard Aries, Donald Antaya, Robert Dickinson, Carol Fletterick, Ed Havens, Jr., Vicki Paliulis, Richard Siedman and William Vees, C. Fred Shaw, Town Attorney Keith Yagaloff and Liaison Councilor Stephen Wagner.
Motion was made to end the Executive Session at approximately 8:15 p.m. and return to Item C. NEW BUSINESS.
The motion was made by Mr. Donald Antaya and seconded by Mr. William Vees. The motion carried unanimously.
C. NEW BUSINESS
2. User Charge Adjustment Account No. 320450 (Approval)
Mr. Fred Shaw distributed a copy of the email that he received from the Manager of Customer Service for The Metropolitan District Commission (MDC) which explained the discrepancy of whereby the Town got two different flow figures for the property located at 1708 Ellington Road, South Windsor, CT. The first water consumption data that Mr. Shaw was provided with was based upon his request for that information for the purposes of calculating the sewer bill. The property owner received the bill and felt that the water usage was very high compared to what he has received the year before. The property owner sent to Mr. Shaw a copy of a MDC water consumption report that indeed showed a smaller figure. Mr. Shaw asked the MDC Customer Service Manager to explain which bill was the corrected one. The MDC
Customer Service Manager said in his email dated April 7, 2015 that the first data information was the correct data because previous to that they have been estimating flows and then when they put in a meter they got an accurate figure and they had to catch up (see Exhibit B). Therefore, Mr. Shaw asked to withdraw this Item from the Agenda.
Motion was made to withdraw Item C2 “User Charge Adjustment Account No. 320450” from the Agenda.
The motion was made by Mr. Ed Havens, Jr. and seconded by Ms. Carol Fletterick. The motion carried unanimously.
3. Motion was made to postpone the following Items listed on the Agenda until next month WPCA meeting. Item C3 “Sewer Assessment Policy”; Item D – “Communications and Reports”; Item E – “Public Participation”, Item F – “Bills, Change Orders, Disbursements”; and Item G – Unfinished Business.
The motion was made by Mr. Ed Havens, Jr. and seconded by Ms. Vicki Paliulis. The motion carried unanimously.
I. ADJOURNMENT
Motion was made to adjourn the meeting at 8:25 p.m.
The motion was made by Mr. Ed Havens, Jr. and seconded by Ms. Carol Fletterick. The motion carried unanimously.
Respectfully Submitted,
_____________________________
Ether A. Diaz, Recording Secretary
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