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April 25, 2007 REVISED Meeting Minutes

Revised Minutes of Meeting of April 25, 2007

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

Members Absent: 

Others Present: WPCA Superintendent Kevin Leslie, WPCA Attorney Vin Purnhagen, Attorney Dorian Famiglietti, Sumner Chapman, Frank Smith, Jay Ussery, Attorney Bruce Fader, Werner Kunzli, and Recording Secretary Laura Michael

Time and Place
Paul Anderson, Chairman, called the meeting to order at 7:00 p.m. at the East Windsor WPCA Administration Building.  

I.  Designate Alternate to Sit for Absent Member
    All regular members were present.

II.  Acceptance of Minutes of March 28, 2007

Motion: To accept the minutes of March 28, 2007.
                Livings abstained
                Motion carried.
III.  Payment of Bills

Motion: To authorize the payment of the April 25, 2007 bill sheet in the amount of $54,393.56
        Discussion:  Mr. Leslie went over the bill sheet outlining any unusual bills.  Passed unanimously.

IV.  Visitors  
Noreen Farmer – Sewer Easement Question
Mr. Anderson asked Mrs. Farmer if she would wait for Attorney Purnhagen to arrive; Mrs. Farmer agreed to wait.

Mr. Loos, Melrose Rd, stated that he was opposed to the Town paying any money toward the Chapman pump station.  Chapman should provide the pump station maintenance or the pump station should not be put in.  Mr. Loos suggested installing an 8” line down North Rd along the Scantic River to Mill St and Church St.  He is worried about the line; it is a clay pipe with tar joints.  He is worried about putting a pressurized line into a pipe that is 60 years old.  

Mr. Sinsigallo, Mahoney Rd, stated that the WPCA is setting a dangerous precedence; it is putting a burden on the taxpayers.  Who will pay for the sewer line on Harrington Rd and Rice Rd?  Other developers will want to come into Town and want compensation.  The Town and the WPCA are a business and should be paid; the cost should not go to the taxpayer.

First Selectman Ed Filipone introduced Selectman Mark Simmons to the WPCA Board.  He is the new liaison between the Board of Selectmen and the WPCA.

Bonnie Yosky stated that only 10-12 people would be able to hook into North Rd.  It is not cost effective.  If Chapman wants to develop, he should pay.

Mr. Leslie explained that he understood the concerns, but the WPCA is not paying anything; the developer is paying for 12 years of O&M costs and 50% replacement cost.  The WPCA will have a surplus in sewer user fees after 50% of the units hookup.  The hookup charges will be paid to the Town.  The developer can ask for anything he wants, but the fees will be determined by the WPCA.  

Mr. Anderson asked if there were any other visitors who would like to speak.  No one else spoke.

V.  Receipt of Applications
Rya Corporation, Hemlock Court Subdivision Phase III
Mr. Anderson explained that there had been communication between Attorney Cummings and Attorney Fader.  Two major issues had been cleared up to our satisfaction.
1.      The Sewer Service Area Map is a legal document.
2.      The WPCA Force Main Agreement was adopted.
These were cleared up and are not open for discussion.  The WPCA will use these documents as they see fit.  Mr. Anderson stated that the WPCA has an interoffice memo from Town Engineer Len Norton.  He takes no exceptions to the plans; there is no need for a technical discussion.

Attorney Fader asked if the WPCA would receive the application and move forward with the discussion.  Mr. Anderson replied that at this point there was no reason not to receive the application but this is not the time for approval applications.

Mr. Farrell stated that the application is assumed to be complete.  Is there new information to amend the application?  Attorney Fader said he would like an opportunity to add information in support of his client.  Mr. Anderson stated he would have to wait for the WPCA Attorney.

Attorney Purnhagen arrived at 7:23 p.m. and remained until adjournment.

Motion: To receive the application of Rya Corporation, Hemlock Court Subdivision Phase III.
        Passed unanimously.

                       Mr. Anderson asked Attorney Purnhagen if the application was received, could it be moved to approval?  Attorney Purnhagen replied that it could.

VI.  Approval of Applications
Mr. Anderson asked Attorney Fader to submit his added information in writing.  Attorney Fader said that he has it available.  Mr. Farrell asked him to put it on the table.

Attorney Fader explained that he was present on behalf of his client.  He submitted a copy of his application.  Mr. Anderson asked if it was different from the original application?  Attorney Fader replied that it was not.  Attorney Fader submitted various memos and letters.  Mr. Leslie stated that all of this information was in their folder; none of this is new information.

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

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

Motion: To open the public hearing for East Windsor Housing LTD LLC, 10 Field Circle through Red-5 LLC, 7C Pasco Dr.
                Passed unanimously.

There was no one present for East Windsor Housing LTD LLC, 10 Field Circle.  Mr. Leslie stated that this is a new single-family residential unit in an active adult community and one-half of the FCC has been paid.

There was no one present for M&L Mason’s Brook LLC, 22 Mason’s Brook Lane.  Mr. Leslie stated that this is a new condo unit and one-half of the FCC has been paid.

There was no present for Red-5 LLC, 7C Pasco Dr.  Mr. Leslie explained that this is an office condo unit and there is no additional FCC owed.
Motion:         To close the public hearing for East Windsor Housing LTD LLC, 10 Field Circle through Red-5 LLC, 7C Pasco Dr.
                Passed unanimously.
Motion: To resume the regular meeting.
        Passed unanimously.

Visitors – Continued
Noreen Farmer
                       Mrs. Farmer explained that a sewer line runs behind her house.  WPCA employees came up in January and painted the top of the pipe and the concrete base green.  Mrs. Farmer came in to talk to Mr. Leslie at that time. The pipe is exposed and she has concerns.  Her neighbor has applied for sewer hookup.  She is concerned there is no manhole; they will need to cut into the pipe.  The pipe has been there for 30 years and if the pipe breaks, there will be environmental concerns with the CT River.  There is a 20’ easement through her property; she doesn’t dispute the easement, but wants to be notified when it is being accessed.  There is an 80’ drop and it is not an easy place to access.  Mr. Leslie said he would be happy to make a phone call.  Mr. Anderson said a time limit could not be set for notification.  Mr. Leslie explained that they accessed the property because of phone calls from Town Hall.  He sent the employees to mark the pipe, siphon chamber and take pictures for reference.  Mr. Anderson said if they need to go onto her property, they would make an attempt to notify in advance.  Mrs. Farmer thanked the Board for their time and left the meeting at this time.  Mr. Leslie will  notify Mrs. Farmer in writing.

        Approval of Applications - Continued
        Attorney Fader stated that the Rya Corporation is here because the site is not suitable for an on site septic system.  Herb Holden over excavated the land.  Mr. Anderson said they have heard this all before.  Attorney Fader had a copy of the P&Z permit to Herb Holden.  It stated that when excavating they couldn’t go below 1’; they went 25 to 30’.  An application was submitted to North Central Health for septic systems on the lots.  The NCH report dated 10/26/06 stated that the site is unsuitable because of disturbed soils.  Mr. Fader submitted several maps.  Mr. Anderson stated that they didn’t relate.  Attorney Fader said they did; in the beginning Phase III was part of Phase I.  Mr. Anderson stated that it is not part of our information; it does not relate to the WPCA.  What P&Z does, does not relate to us.

        Mr. Bancroft left the meeting at 7:54 p.m.

Attorney Fader explained that it does relate.  They need public sewers to develop the land.  Mr. Anderson stated that the WPCA does not make decisions on developing land.  The WPCA doesn’t approve subdivisions.  Attorney Fader said their situation is similar to Quarry Meadow.  Mr. Anderson stated that their application came in after rules were in place. The Quarry Meadow application came in before regulations were adopted.  Mr. Anderson suggested that Attorney Fader submit for a Sewer Service Area change with the appropriate agency.  Attorney Fader stated that approving this application will not open up more development.  There is no more land available there for development.

Mr. Kunzli stated that he has a problem with the process.  They were forced to come in with three phases.  They spent $400,000 to bring in water.  Everything was submitted; they did everything right.  They went to Town Hall about Herb Holden over excavating.  How would you feel in our position?  This is wrong.  It makes no sense.

Mr. Anderson stated that the Sewer Service Area map has existed for years.  The only change is who is implementing it.  The Force Main Agreement is the only new document.  It was approved and adopted.  Attorney Fader said they didn’t anticipate the septic would fail.  Mr. Anderson stated that this is not a WPCA problem.

Mr. Kunzli said the WPCA should have contacted P&Z to see if any projects were pending before adopting new rules.  Mr. Anderson stated that the Sewer Service Area Map was in existence when they drew up their plans.  Mr. Barton said they knew they were outside the sewer service area.

Mr. Anderson stated that the WPCA does its best to treat everyone the same, fairly.  The rules in existence are used and no exceptions are made.  Mr. Anderson said if there was nothing new, we’re done.

Mr. Barton stated that the project was outside the sewer service area, the discussion should never have happened.  He felt compassion for their problem; when the project began they assumed it would be septic.  They discovered the over excavation problem and it was not suitable for septic.  That does not make it a WPCA problem.

Mr. Farrell felt that the site was mismanaged.  Attorney Fader said that Herb Holden permit required that they submit a plan before going on to the next phase.  This was not done.  

Mr. Farrell was designated  an alternate for Mr. Bancroft who had to leave the meeting.

Motion: To approve the application of Rya Corporation, Hemlock Court Subdivision Phase III.
        Discussion:  Mr. Livings stated that he understands the situation but the WPCA has to go by the regulations even though the property is an eye sore.  Mr. Tyler explained that the purpose of a sewer system is to allow for the disposal of wastewater, especially in areas not suitable for onsite septic.  To just deny because it is outside the sewer service area doesn’t seem right, but the WPCA has to abide by the regulations.  Mr. Anderson stated that the map is amendable by another agency.  If the map is amended, they can come back.
        In favor:
        Opposed: Davis, Livings, Tyler, and Farrell
        Motion does not carry

VIII.  Legal
Pump Station Agreement – Chapman Properties, Mansions at Canyon Ridge
Mr. Leslie asked Attorney Famiglietti is they were prepared to go with the original proposal or continue on their path?  Attorney Famiglietti asked if the original proposal would be off the table if they continued?  If it would be off the table, she would like to confer with her client first.  Mr. Leslie stated that he had provided a fee schedule and Attorney Famiglietti explained that she had given 4 alternatives.  Mr. Tyler asked Mr. Ussery if Mr. Loos’s proposal would work?  Mr. Ussery replied that it would not work.  Mr. Leslie explained that the Developer’s Agreement calls for 12 years O&M costs and 50% capital replacement cost.  He doesn’t interpret it as open to discussion.  If the discussion continues, he has a new proposal.  Attorney Famiglietti said they can live with the O&M costs, but would like to talk about the replacement cost.  She asked for 5 minutes to confer with her client.  

Mr. Barton said the key is to determine public benefit.  Mr. Anderson explained that Mr. Leslie counted the potential buildings that could hookup.  Mr. Leslie said he came up with 15 units.  There are 220 proposed apartment units compared to the 15 units.  There was a discussion about laterals being installed to each property.  Mr. Tyler said if they are not installed, there is no public benefit.  Mr. Leslie said that the regulations state that the developer will provide laterals to each property.    

Pump Station Agreement – SJK Properties, Quarry Meadows
This item will be kept on the agenda.

Developer’s Legal Bills
Mr. Leslie said that the Pump Station Regulations require that developer’s pay for their legal fees.  Mr. Leslie said that bills are starting to come in and he would like to total them up and bill them back to the developer.  Sewer user fees shouldn’t be used to pay these fees.

IX.  Unfinished Business
Newberry Rd Assessments
Not addressed

Prospect Hill Rd Assessments
Not addressed

Establishment of Sewer Service Area
Mr. Leslie reported they are on draft #8 and are continuing to work.

X.  New Business  
Superintendent’s Report
Mr. Leslie reported that there were some flooding issues they are dealing with.  The quarterly payment schedule that was discussed will not work out due to technical problems.  Electronic payments are being looked at; there may be some fees that we were unaware of.  

Legal - continued
Attorney Famiglietti returned and said they would accept the proposal of $77,256 for O&M costs but would like a caveat to discuss the adjustment of 50% capital replacement cost.  Mr. Leslie brought up inspection fees.  He said the WPCA would do their best not to charge for inspections, as they do for smaller projects, as long as things are done correctly.

Attorney Famiglietti asked to discuss the policy of 50% replacement cost based on public benefit.  Mr. Leslie stated that he had asked for the cost of the development of the pump station.  Attorney Famiglietti didn’t want to provide it.  Attorney Famiglietti said she brought the information to the last meeting but didn’t realize it was needed.  She apologized.  The bid from Frank Smith to Chapman Properties is $142,000.  The 50% of capital cost would be $76,000.  Mr. Leslie said they would want to have a few parts on the shelf; the cost would be subtracted out.  Attorney Famiglietti said instead of 50%, it should be 25% because of the shared benefit and equal capacity.  Mr. Ussery did a build out projection.  The Town would use as much as Chapman.  Mr. Ussery used the Assessor’s map to determine developable areas.  Mr. Ussery went over the build out.  Mr. Leslie thought Mr. Ussery took a conservative look at it.  Mr. Anderson stated that they should not be looking at parcels that are not developed; they may never be developed.  There are potentially 15 units now.  Speculating on future development that may never happen puts the burden on existing sewer users.  Sewer user rates are based on expenses.

Mr. Leslie said the resolution is to agree to the $38,000, 50% of the $76,000; $100,000 has already been added to the project.  The plan reviewed had no laterals; the developer has to provide the laterals.  The WPCA will make money as soon as the project is complete.  Attorney Famiglietti said installing laterals would increase the cost; they are not offering to install laterals.  Mr. Leslie stated that laterals are in last month’s minutes and in the regulations.  Mr. Ussery felt the regulations for laterals only applied to new subdivisions.  Attorney Famiglietti said this would have to be discussed.  Mr. Leslie reminded Attorney Famiglietti that he brought this up when they met with Attorney Cummings.  Attorney Famiglietti said she would need to speak to Attorney Cummings.  Mr. Tyler asked how many laterals were on the same side and how many were on the opposite side?  Mr. Ussery said there were 11 laterals on the opposite side; it’s about 50-60 feet to go across.

XI.  Action on Facility Connection Charges

Motion: To impose the Facility Connection Charges as published for East Windsor Housing LTD LLC, 10 Field Circle through Red-5 LLC, 7C Pasco Dr.
                Passed unanimously.

XII.  Adjournment

Motion: To adjourn the meeting at 9:17 p.m.

Respectfully submitted,

Laura Michael   
Recording Secretary