WPCA Minutes 12/08/2016

Meeting date: 
Thursday, December 8, 2016

WATER POLLUTION CONTROL AUTHORITY

REGULAR MEETING

DECEMBER 8, 2016

“Subject to Vote of Approval”

1.             CALL TO ORDER

Chairman Paul Gilmore called the regular meeting of the Water Pollution Control Authority to order at 6:25 p.m. in the Simsbury Water Pollution Control Facility Conference Room, 36 Drake Hill Road, Simsbury. The following members were present:  Michael Park, Ed Kelly, and Tom Hickey.  Also present were Anthony Piazza, Superintendent; Tom Roy, Director of Public Works; Robert DeCrescenzo, Town Attorney; Alison Sturgeon, Clerk, as well as other interested parties.

2.         EXECUTIVE SESSION

Dr. Park made a motion to go into Executive Session at 6:28 p.m.  Mr. Hickey seconded the motion, which was unanimously approved.

Mr. Hickey made a motion to come out of Executive Session at 7:15 p.m.  Dr. Park seconded the motion, which was unanimously approved.

3.             SAFETY BRIEF – Mr. Gilmore gave a safety brief noting the exits in case of an emergency.  He also reminded everyone to drive safely and to be aware of black ice during cold weather when roads appear wet.

4.             FLOW STUDY – DISCUSSION

Mr. Roy stated that, earlier this year, the Town hired David Prickett Consulting (DPC) to do a flow study to look at the development process and to make it more smooth and transparent.  A set of documents will also be developed to help explain to developers and residents how to connect to the system, as well as how the flow allocation is calculated.  They will also learn from this study whether or not the numbers they are currently using in the system are true numbers because there are several acres in Town that have been preserved as open space and there are modern plumbing fixtures that are now used as well.  In order to make sure the engineering numbers are true, DPC has put flow measuring devices in a number of manholes throughout the system.  Mr. Roy stated that the Town has ten drainage basins within the system; flow monitors have been put in to check six of those basins.  A quick look at the results already show that there is slightly less flow coming from each residential home than what has been calculated, although I&I does counteract the savings.  Low flow fixtures and areas of open space may well contribute to saving flow capacity.  Based on this information, the next step is to have DPC come to the January meeting to give the Town their recommendation for changes of how flow allocation is calculated.

5.             ALLOCATION REQUESTS – 690 HOPMEADOW STREET / 80 CLIMAX ROAD

Mr. Piazza stated that the application for 690 Hopmeadow Street was submitted on December 2, 2016.  This request was for a flow allocation of the property and for the potential to receive excess allocation from another property, if necessary.  He stated that the developer is proposing 74 bedrooms on this site. 

Mr. Kelly made a motion to receive the allocation request application for 690 Hopmeadow Street.  Dr. Park seconded the motion, which was unanimously approved.

Regarding 80 Climax Road, Attorney Wise stated that the initial application was for a 23 lot subdivision, which has been withdrawn.  The new application is for a 19 lot subdivision with a deficiency in allocation of 6,714 gpd.  This property is approximately 4.5 acres in an R-40 zone.  He stated, also, that this application comes in under State Statute section 8-30G, which is within the State’s Affordable Housing Statute.  Attorney Wise stated that this application is very similar to a 2010 decision of the appellate court regarding a case in Newtown, CT.  He read excerpts from the Court’s decision to the Authority members, which was in favor of the applicant in that case.  He stated that the Court concluded that the Legislature has not authorized Water Pollution Control Authorities to exercise zoning powers, and that the defendant, in its application of the 1994 priority matrix to the plaintiff’s application, usurped the authority of the Commission and restricted the density and use of the plaintiff’s property. 

Attorney Wise stated that the application which is before the Simsbury WPCA tonight is parallel to the Newtown case.  It is his understanding that the Simsbury Treatment Plant has sufficient capacity for the additional 15 homes in their project; 4 homes would already be allowed under Simsbury’s methodology.  He stated that no property owner in the sewer service area would be deprived to connect if this application is approved.  For these reasons and the cited case, he feels this application should be granted.  Also, the 8-30G application sets forth a State policy for developing affordable housing.  The Simsbury WPCA could create an exception based on the State policy for any 8-30G housing, and in turn, the applicant would receive the allocation and the WPCA’s process would remain in effect for all other applications. 

Mr. Roy stated that the daily flow into the treatment plant is approximately 1.9 MGD; the current permitted daily flow is 3.8 MGD, which makes the available capacity approximately 1.9 MGD.  The total flow would be 3.35 MGD if Simsbury, Avon and Granby were all at full build-out of all properties that would have rights to hook up to Simsbury’s sanitary sewer.  He stated that if all of the Simsbury’s Center Zone changes were made, including a full redevelopment of the area, the total flow into the plant would still be under the maximum 3.8MGD.      

Mr. Gilmore questioned what the useful life of the current treatment plant is.  Mr. Piazza stated that the design life of this plant is 20 years; the plant was put online in 2007, although, most treatment plants have a useful life of 25-30 years.  This plant would need an upgrade between the years 2032-2037.

In response to Mr. Gilmore’s question regarding the ten collection basins in Simsbury, Mr. Roy stated that the design for Simsbury’s sanitary sewers were laid out in accordance with the zoning at the time of construction.  In doing that, they sized the pipes for full build-out for that zone.  He stated that the pipes should be adequate to convey the flow to the plant; the system has capacity that it was designed to serve.  Mr. Roy stated that there are also some tracts of land within the sewer shed that are less probable to be developed within the next 15-20 years, as well as a number of acres in Simsbury’s sewer service area have been dedicated as open space. 

Mr. Roy stated that 80 Climax Road is unique in that it is on the Town border and the flows will flow down Climax Road and into Avon; the flow returns to Simsbury through the south interceptor.  He stated that the Town of Avon has submitted a letter stating that they have capacity for the proposed 19 three bedroom homes.  He stated that the additional flow that the applicant is seeking is less than 1 percent of the available capacity.  If the WPCA were to approve this allocation, as long as all other zoning stayed the same or went to Simsbury Center Zone and there was no other appreciable zone change, no one in the current sewer shed would be denied service.

Attorney William Case question if the system would have enough capacity if every property was asking for excess allocation as 80 Climax Road is.  Mr. Roy stated that if they took all of the residentially zoned lots in that area and flow was increased for all such lots to the degree that the applicant is asking for its lot, then the Town would run out of capacity.  Attorney Case stated that essentially, this would then come down to a first come first served basis.  Mr. Gilmore agreed, but with respect to Section 8-30G applications only.  Mr. Kelly stated that once the capacity study is complete, the WPCA will look at how capacity is calculated; they may discover that they need to revise their formulas.

Mr. Kelly made a motion to approve the application filed by the owner of 80 Climax Road for the allocation request of 8,550gpd with the understanding that the differential is 6,714gpd from the current policy which is currently under review and with the understanding that the motion would be limited to the facts of this application.  This is an 8-30G application on a 4.5 acre tract of land.  Mr. Hickey seconded the motion, which was unanimously approved.

6.             EVALUATE AVON/SIMSBURY INTERTOWN AGREEMENT – POTENTIAL AMENDMENT

Mr. Piazza stated that, in the past, there have been two similar projects that needed amendments to the Intertown Agreement with Avon:  Castlewood Road and Wheeler Road.  He reviewed those amendments with the Authority members.  He stated that the Town Attorney will draft the appropriate amendment for 80 Climax Road for the WPCA’s review and approval.  It would then need to be signed off by the First Selectman.

7.             APPLICATION FOR SEWER CONNECTION – DYNO NOBEL (BUILDING 200)

Mr. Piazza stated that Building 200 is a 23 acre parcel located at 65 Woodland Street.  Dyno Nobel submitted an application for capacity review and sewer connection because they were having issues with one of their cooling tower discharges that is going into their storm drain.  Since submitting the application, they have found a stuck float, which, once fixed, will reduce the flow.  They have asked that this request be tabled.

8.             PERMIT RENEWAL – OLDCASTLE PRECAST, AVON

Mr. Piazza stated that Oldcastle Precast is a concrete supplier in Avon.  They did have a general permit from the State for discharge into Simsbury, although this State permit expired in 2012.  They have neglected to get a renewal since 2012.  He stated that earlier this year Oldcastle Precast clogged the Avon sewer system on their site only with concrete.  They have now applied to the State for their general permit renewal; Simsbury needs to sign off/approve their discharge.  There is no difference in discharge from what they have had in the past; this business sends monthly monitoring reports to Simsbury. 

9.             PRELIMINARY BUDGET – DISCUSSION

Mr. Roy stated that he will be presenting the budget to the Board of Selectmen in January and wanted the Authority members to be able to review it prior to that.  Mr. Piazza stated that there is a 3% increase over last year’s budget for insurance, healthcare and salary increases.  The other big increase is for road supplies in order to keep up with the Highway Department’s paving program. 

Mr. Roy stated that if the WPCA wanted to have a rate increase for FY 2017/18, they should begin to discuss this issue at the January meeting.

10.          STATUS REPORT ON SEWER EXTENSION PROJECTS, ETC.

Mr. Roy stated that the easement documents for Maple Court and Old Mill Lane have been distributed to both homeowner’s associations; the Town would like to start construction in the spring.  They have also started the preliminary design for 318 Bushy Hill Road; the Town would like to start construction in late summer of 2017 for this project. 

Regarding 560-573B Hopmeadow Street, Mr. Roy stated that R.R. Hiltbrand has been awarded the bid for $69,992.  They may or may not be able to do the construction prior to this winter.  The contractor has approached the Town to possibly pay an increase for a jacking under the road in order for them to move forward as soon as possible.  Mr. Roy stated that the Town would be willing to pay for what they would have used for the original construction only.  He stated that if necessary, a conversation may be had with Brookside Bagels to see if it may be more cost effective for them to pay some of these costs to get the project underway.

11.          TREATMENT FACILITY REPORT

Mr. Piazza stated that all permit requirements were met for November.  He stated that they repaired the online MLSS analyzers for the oxidation ditch due to failures and that they are continuing to monitor the process and track effects of the different controls.  Also, the security system computer has failed; it has had a minor effect on card access to buildings.  Quotes are currently being sought for a replacement.

Regarding the Farmington River Bank Stabilization, the project has been completed and all plantings have been installed.  Inspections will be conducted throughout the winter with a final inspection to be completed in late spring.

Mr. Piazza stated that staff continues with cleaning of the system.  Staff is working with the Parks Department to remove a beaver dam from an area off of Wolcott Road that is causing flooding around a manhole.

12.          CORRESPONDENCE

The Authority members reviewed several correspondence including:  easement document letter to Matthew Cook, Maple Court Homeowners Association and Barry Blackaby, Old Mill Court; the bid award letter to R.R. Hiltbrand; and an FOIA response letter to Attorney Wise.

13.          SEPTEMBER 8, 2016 MEETING MINUTES – POSSIBLE APPROVAL

Mr. Kelly made a motion to approve the September 8, 2016 minutes as written.  Mr. Hickey seconded the motion, which was approved.  Dr. Park abstained.

NOVEMBER 10, 2016 MEETING MINUTES – POSSIBLE APPROVAL

Dr. Park made a motion to approve the November 10, 2016 minutes as written.  Mr. Kelly seconded the motion, which was unanimously approved. 

Mr. Kelly made a motion to amend the motion to set a public hearing for the sewer extension application for 80 Climax Road, to also include 75 and 82 Climax Road to be conducted at the January 12, 2017.  Mr. Hickey seconded the motion, which was unanimously approved.

14.          ADJOURN

Dr. Park made a motion to adjourn the meeting at 8:30 p.m.  Mr. Hickey seconded the motion, which was unanimously approved.

______________________

Paul Gilmore, Chairman