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March 28, 2007 Meeting Minutes

Minutes of Meeting of March 28, 2007

Members Present:        Paul Anderson, Tom Davis, Reggie Bancroft, Dave Tyler, and Jim Barton (Alternate)

Members Absent: Mark Livings and Ed Farrell (Alternate)

Others Present: WPCA Superintendent Kevin Leslie, WPCA Attorney Hal Cummings, Attorney Dorian Famiglietti, Attorney Joseph Capossela, Sumner Chapman, Frank Smith, Jay Ussery, Attorney Bruce Fader, Werner Kunzli, Cal Meyers and Recording Secretary Laura Michael.

Time and Place
Paul Anderson, Chairman, called the meeting to order at 7:03 p.m. at the East Windsor WPCA Administration Building.  

I.  Designate Alternate to Sit for Absent Member
    Jim Barton sat in for Mark Livings.

II.  Acceptance of Minutes of February 28, 2007

Motion: To accept the minutes of February 28, 2007.
                Tyler abstained
                Motion Carried
III.  Payment of Bills

Motion: To authorize the payment of the March 28, 2007 bill sheet in the amount of $57,364.84.
        Discussion:  Mr. Leslie went over the bill sheet outlining any unusual bills.  Mr. Bill Loos, Melrose Rd, questioned if sewer user fees would be used to pay the town for the use of the jet truck, which the town is funding?  Mr. Tyler replied that the jet truck would be bought for joint use by the WPCA and the Department of Public Works.  Mr. Leslie explained that the WPCA will keep track of mileage and hours, the cost of repairs will be proportionately distributed and the cost of gas split.
        Passed unanimously.

IV.  Visitors  
No visitors were expected.

V.  New Business  
Superintendent’s Report
Mr. Leslie reported that the WPCA would like to give sewer users the option of paying their bills quarterly.  One bill would be sent, but the user will be able to pay in four installments if they chose.  There would be no increase in cost other than purchasing reminder stickers for users to put on their calendars.  The WPCA will be accepting electronic checks for sewer user charges.  It will be done through our bank; there will be a 50-cent charge to the sewer user for this service.  There will be a button on the WPCA website to link the sewer user to the bank.  Mr. Leslie asked the Board if they had any objections?  There were no objections.

Attorney Hal Cummings arrived at 7:15 pm and remained until adjournment.

Mr. Leslie reported that the jet truck has been approved.  He and Town Engineer Len Norton will be meeting with suppliers.

Mr. Leslie explained to the Board that historically the WPCA has used 170 gallons per day or 70,000 gallons per year for a unit charge.  Research has shown that the average in East Windsor is about 50,000 gallons per year.  Water records were researched, looking at usage in different areas of town.  Mr. Leslie asked the Board to think about looking at a smaller unit.

Mr. Leslie reported that bills were sent to Mill Pond Village for January and February.  He has been in contact with the pump manufacturer.  He has ordered one impeller, which costs $800; he doesn’t want to move the clogs downstream.  Mr. Alibozek has been tracking clogs so they will know if the impeller works or if it causes the clogs to move.

VI.  Unfinished Business
Newberry Rd Assessments
Mr. Leslie distributed information concerning the tax impact on Newberry Rd.  He has taken information from the Grand List from before and after construction of buildings.

Prospect Hill Rd Assessments – not addressed

Establishment of Sewer Service Area – not addressed

VII.  Legal
                       Attorney Cummings asked that an agenda item be added under legal.

Motion: To add Prospect Hill Dr. Sewer Extension Easement request from Baran Institute, 97 Newberry Rd and Maura B. Sergio, 73 Prospect Hill Dr. to the agenda under the legal section.
        Passed unanimously.
Prospect Hill Drive Sewer Extension Easement Request
Attorney Cummings explained that he hasn’t been able to obtain the sewer easements from Baran Institute, 97 Newberry Rd and Maura B. Sergio, 73 Prospect Hill Dr.  Letters have been sent but there hasn’t been any response.  Russo’s has drafted the easements for crossing over the two properties.  The Wetlands Permit requires that the application be signed by the property owner and by the applicant.  Attorney Cummings asked that the Commission pass a resolution in the event that they can’t come to a resolution to acquire the easements voluntarily to acquire them by condemnation.

Motion: To give Mr. Leslie the authority to act on behalf of the Commission in the event that they can’t enter into a voluntary agreement for the acquisition of the easements.
        Passed unanimously.

Motion:         To suspend the regular meeting for the purpose of holding the public hearing scheduled at 7:30 p.m.
        Passed unanimously.

VIII.  Public Hearing Scheduled at 7:30 p.m.

Motion: To open the public hearing for 137 Prospect Hill LLC, Starbucks Coffee Shop, 137 Prospect Hill Rd and Benson Enterprises LLC, 23C Pasco Dr.
                Passed unanimously.

Mr. Leslie reported that notice had been sent to 137 Prospect Hill LLC, Starbucks Coffee Shop, 137 Prospect Hill Rd concerning the public hearing.  The day of the February meeting Mr. Marci called objecting to the amount of the Facility Connection Charge.  Mr. Leslie asked Mr. Marci to send a letter requesting a continuance of the public hearing.  Mr. Leslie sent a letter to Mr. Marci stating that the public hearing would be concluded tonight, he also made a couple of phone calls to him.  Mr. Marci is not present tonight and he has not provided any information.  Starbuck’s engineers provided the flow data that was used determine the FCC.  Starbucks has not paid any of the FCC

There was no one present for Benson Enterprises LLC, 23C Pasco Dr.  Mr. Leslie stated that this is a new office unit and one-half of the FCC has been paid.

Motion:         To close the public hearing for 137 Prospect Hill LLC, Starbucks Coffee Shop, 137 Prospect Hill Rd and Benson Enterprises LLC, 23C Pasco Dr.
                Passed unanimously.

Motion: To resume the regular meeting.
        Passed unanimously.

IX.  Receipt of Applications
Rya Corporation/Cal Meyers, Hemlock Court Subdivision Phase III
                       Attorney Fader introduced himself as representing the Rya Corporation and explained that Russ Heintz, their engineer could not make it tonight.  Mr. Werner Kunzli and Mr. Cal Meyers were present.  He explained that he came before the Board in November 2006 after learning of the adoption of the Force Main Agreement.  Attorney Fader presented a letter to Attorney Cummings and gave a copy to Mr. Leslie and Mr. Anderson. Mr. Fader also presented the Sewer Service Area Map and the Facilities Plan book. Attorney Cummings reported that he has had several conversations with Attorney Fader.  Attorney Fader is faced with the Force Main situation of no sewer connections outside of the Sewer Service Area.  He has been checking the Commission’s minutes and he does not think the Sewer Service Area Map is a legitimate document.  Attorney Fader referenced the minutes of May 28, 1991; there was no quorum and no action was taken.  He also checked subsequent minutes and no action was taken.  Attorney Fader feels that the WPCA had been approving applications as a two-step process, technical details and capacity.  According to Attorney Fader the WPCA is now trying to enforce a map that has not been adopted by the WPCA.  Mr. Anderson stated that it is his understanding that the Sewer Service Area Map and the Facilities Plan were approved at a Town Meeting.  Mr. Tyler asked Attorney Fader why he doesn’t make his case to the DEP?  Attorney Fader replied that his first step is to go through the local WPCA.  There was a discussion of receipt of application, Mr. Heintz had provided revisions to the original plans but Town Engineer Len Norton’s comments had not been received by the WPCA yet.  Mr. Barton stated that they are putting the cart before the horse; the Sewer Service Area is the big question.  The application should be acted upon and a decision made before doing a technical review.  The plans are being discussed as if the application has been approved.  Mr. Barton feels that there should not be a technical review until the application is received.  Attorney Fader thanked the Board for their time and left the meeting.

Legal - Continued
Pump Station Agreement - Chapman Properties, Mansions at Canyon Ridge
Attorney Dorian Famiglietti explained that she represented Chapman Properties, Mansions at Canyon Ridge, a 220-unit apartment complex to be built on North Rd.  She introduced Jay Ussery, Frank Smith, Sumner Chapman and Attorney Joseph Capossela to the Board.  Attorney Famiglietti spoke about the WPCA Pump Station Policy for Private Developers.  It requires 12 years of O&M costs and 50% replacement cost.  She doesn’t think this policy applies to this project.  Attorney Famiglietti stated that the Perri Lane Pump Station, which only services Perri Lane, is the only other privately developed pump station.  The Chapman Property Pump Station will be a public line; it will be a shared line as soon as it is in the road.  It will be a gravity line accessible to other private properties on North Rd, Harrington Rd, Wells Rd and Rice Rd.  Chapman Properties will only use 50% of the pump station capacity saving 50% for the use of the Town.  Attorney Famiglietti feels the developer should be given a proportionate discount of 50%.  Attorney Famiglietti proposed 4 options to the Board.  The first option is a flat payment to the WPCA. The second option is for spare parts and Chapman Properties assuming the maintenance of the pump station for 12 years.  The third option is for spare parts and money towards maintenance.  The fourth option is cash for parts and Chapman Properties assuming maintenance of the pump station exclusive of energy costs.  Mr. Leslie stated that he has known Frank Smith for many years; they have worked together on other projects and Mr. Smith served as a WPCA Board Member.  Mr. Leslie stated that the 50% use for the Town was an assumption; would they get an additional 220 connections in 12 years?  Attorney Cummings questioned whether the pump station size was geared toward hydraulics to pump or to service the Town?  Mr. Ussery replied that he had marching orders to provide public benefit.  It is designed gravity from the site to the base of the hill then it will be pumped up the hill.  It could have all been force main all the way.  Mr. Tyler stated that there are no sewer lines on the other streets; only a certain number of properties will be able to tie in.  Attorney Famiglietti said she has a fifth unwritten option; they can redesign the line for exclusive use for this development. Attorney Cummings replied that they would then have to reapply to the WPCA.  Mr. Anderson asked Mr. Smith where the spare parts would be stored?  Mr. Smith said there would be onsite storage space; they would be locked up.  The spare parts will make life easier; they will be readily available.  A German company manufactures the pump in Ireland; it would take approximately 8-12 weeks to get parts.  Attorney Famiglietti thanked the board for their time and said she would be back in April.

Motion: The Commission will determine public benefit from the pump station and appropriate reimbursement will be negotiated in accordance with public benefit therefore consistent with the pump station policy.  Sewer laterals will be installed to each property during construction.
        Bancroft abstained
        Motion Carried  
Pump Station Agreement – SJK Properties, Quarry Meadows
Attorney Cummings said that they are in the process of working on this.

X.  Approval of Applications
No applications were approved.

                       XI.  Action on Facility Connection Charges

Motion: To impose the Facility Connection Charges as published for 137 Prospect Hill LLC, Starbucks Coffee Shop, 137 Prospect Hill Rd and Benson Enterprises LLC, 23C Pasco Dr
        Passed unanimously.

XII.  Adjournment

Motion: To adjourn the meeting at 9:40 p.m.

Respectfully submitted,

Laura Michael   
Recording Secretary