Water Pollution Control Authority Minutes 11/08/2012

Meeting date: 
Thursday, November 8, 2012

 WATER POLLUTION CONTROL AUTHORITY
REGULAR MEETING
NOVEMBER 8, 2012 - DRAFT
1.    CALL TO ORDER

Chairman Richardson called the regular meeting of the Water Pollution Control Authority to order at 7:30 p.m. in the Simsbury Water Pollution Control Facility Conference Room, 36 Drake Hill Road, Simsbury. The following members were present: Michael Park, Loren Shoemaker, Paul Gilmore and Warren Coe.  Also present were James Clifton, WPC Superintendent; Richard Sawitzke, Town Engineer; Alison Sturgeon, Clerk; as well as other interested parties.

2.    SAFETY BRIEF – Chairman Richardson gave a safety brief noting the exits in case of an emergency.   

3.    PUBLIC HEARING – DISCUSSION AND POSSIBLE ADOPTION OF A REVISION TO THE CURRENT FACILITY CONNECTION POLICY

LEGAL NOTICE
TOWN OF SIMSBURY
WATER POLLUTION CONTROL AUTHORITY
 
The Water Pollution Control Authority will hold a public hearing on Thursday, November 8, 2012, in the Conference Room at the Water Pollution Control Facility, 36 Drake Hill Road, Simsbury, CT at 7:30 p.m.  The purpose of this hearing is to discuss and possibly adopt a revision to the current Facility Connection Charge Policy.  A copy of the proposed revision is available for review and inspection in the Office of the Town Clerk, and a copy of the same can also be viewed on the Town of Simsbury website at www.simsbury-ct.gov.  Affected property owners shall have an opportunity to be heard concerning this issue.
                
WATER POLLUTION CONTROL AUTHORITY
                                Philip Richardson, Chairman

Mr. Richardson read the legal notice.  He asked that anyone wishing to speak at the public hearing should identify themselves prior to speaking.

Mr. Gilmore gave an overview of the process that the FCC Policy Review Subcommittee went through.  He stated that State Statute provides that the WPCA may establish and revise fair and reasonable charges per connection with and for the use of a sewage system.  He explained how the WPCA arrived at the current FCC rate of $4,095 with respect to the cost of the facility upgrade as well as the addition to the capacity at the facility.  He stated that the Water Pollution Control brings in money from those who use the system; they do not draw upon the tax base of the Town.  Mr. Gilmore stated that the subcommittee hired a consultant to see if the current charges are in line with what surrounding Towns are charging.  Based upon their analysis, the data showed that Simsbury is within 5% of the mean and 8% of the median value of what is charged by surrounding Towns.  

Mr. Gilmore stated that when the upgrade was done, a policy decision was made that new users should be the ones who pay for the provision of additional capacity.  When the upgrade went in, there were universal benefits, i.e. newer equipment to consider; approximately 25% of the ultimate users will be from this additional capacity.  In setting the charge of $4,095, there was no assessment to the new users for the cost of universal benefits; they will pay on a pro rata basis over time.  

Mr. Gilmore stated that the consultant looked at the possibility of creating a stratified charge for dwelling units in terms of three categories:  apartments or condominiums less than 1,200 square feet; apartments or condominiums less than 2,000 square feet; other dwelling units that do not fall within the first two

categories.  He stated that the subcommittee also looked at the number of bedrooms; a driver for the volume of use is occupancy.  The consultant found that there was a lesser amount of use for smaller apartments and condominiums than for a standard four bedroom house.  

Mr. Gilmore stated that the subcommittee looked at where the extra money would come from if the WPCA were to reduce the FCC charge for certain dwelling units.  They felt that a defacto tax on current customers would not be appropriate.  Economies of scale were also discussed by the subcommittee.  After much discussion, the subcommittee is proposing three different levels of charges for dwelling units.  1) For an apartment or condominium that is less than 1,200 square feet, if and to the extent that it has only one bedroom, an FCC equal to 70% of the standard charge for an Equivalent Dwelling Unit (EDU), which would be equal to $2,865.00; 2)  For an apartment or condominium that does not qualify under category one, and that is less than 2,000 square feet, if and to the extent that said apartment or condominium has no more than two bedrooms, an FCC equal to 80% of the standard charge for an EDU, which would equal $3,275.00; 3)  Any residential dwelling unit that does not satisfy either of the two criteria stated above will be charged a FCC equal to the standard charge for an EDU, the sum of $4,095.  Mr. Gilmore stated that the proposed definition for “bedroom” was taken from the State of Connecticut, Dept. of Public Health Technical Standards for Subsurface Sewage Disposal Systems.  He stated that the proposal also makes a provision for mixed-use.

Mr. Richardson asked if there were any comments or questions from the public.

Mr. Ron Janeczko, Landworks Development, thanked the subcommittee for their hard work regarding this issue.  He stated that in the consultant’s report, it states that using square footage would be better than looking at the bedroom count.  If the WPCA were to use the bedroom criteria, he would encourage them to use the building code definition, which he feels is more relevant than the septic code definition.  This would eliminate the need for developers to submit a new set of drawings.  He encouraged the WPCA to fine tune and adopt this revision to the FCC Policy.

Ms. Anita Mielert, 57 East Weatogue Street, representing the Simsbury Main Street Partnership, stated that they were in favor of this proposal being adopted.  She stated that Main Street is focused on economic development of historic downtowns.  The recent Charrette in the downtown area promotes mixed use development; demographically, this is essential for Simsbury’s future.  She stated that there are already as many single family dwellings in this country than will be needed for the next generation; apartments and condominiums are what is needed.   

Mr. Rick Wagner, 152 Old Farms Road, stated that he believes this proposal is a good compromise.  He asked that the Authority consider the fact that surrounding Towns with large FCC charges usually give developers breaks for apartments.  

Charity Folk, Executive Director of the Simsbury Chamber of Commerce, read a letter into the record.  The letter stated that the Chamber supports using square footage as the determining factor in the FCC calculation, and they do not support new definitions for new housing types or the fact that developers would need to submit additional sets of plans.  

Mark Deming, Chairman of the Economic Development Commission, read a letter from the EDC into the record.  The letter stated that they feel using square footage would be a better determination than using bedroom counts.  


Chris Nelson, Landworks Development, thanked the Subcommittee for their hard work.  He feels that the simplest way would be to use square footage rather than bedroom counts.

Nancy Haase, Board of Selectmen liaison, stated that things should be kept simple and consistent while promoting economic development as well as sustainable income.  

Mr. Richardson read a letter from Tony Giorgio, The Keystone Companies, LLC, into the record.  The letter stated Mr. Giorgio’s support of the proposed revision to the FCC policy.  

Mr. Peck, Simsbury Director of Planning, thanked the subcommittee and WPCA for their hard work regarding this issue.  He discussed the consultant’s report and the estimated connections per year.  He

stated that with the new development that is projected to be built, the projected connections would be increased.  He stated that reducing the FCC charge will not damage the WPCA’s ability to pay its bills in the future.  

Mr. Shoemaker made a motion to close the public hearing.  Dr. Park seconded the motion, which was unanimously approved.

The WPCA had a discussion regarding changing the bedroom definition to the Building Code definition.  Mr. Shoemaker stated that this would remove the need for developers to submit additional plans.  

Mr. Gilmore made a motion that the Simsbury Water Pollution Control Authority adopt the proposed revisions to the Facility Connection Charge Policy to the Town of Simsbury as set forth in the proposed literature published for this public hearing as amended and modified to redefine a bedroom to be that which is defined and determined to be a bedroom as contained within the State of Connecticut Building Code as the same may be amended from time to time.  Mr. Shoemaker seconded the motion, which was unanimously approved.

4.    CORRESPONDENCE

Mr. Richardson stated that there is a letter from the New England Water Environment Association, Inc. stating that Jim Clifton has been selected as the recipient of the 2012 WEF William D. Hatfield Award.  The Authority members congratulated Mr. Clifton.

Mr. Clifton noted the correspondence with respect to Mr. Patrick McCue, 67 Laurel Lane in Simsbury.

5.    REQUEST TO INSTALL SEPTIC SYSTEM – 67 LAUREL LANE, SIMSBURY

Mr. McCue stated that he is requesting an application to install a septic system at his home at 67 Laurel Lane as the result of a recent court decision.  Mr. Clifton stated that the WPCA does not have applications for septic systems; the Farmington Valley Health District is the authority regarding septic systems.

John Barney stated that the issue is whether or not the Simsbury WPCA will allow a septic system.  

Mr. Gilmore stated that this request should be denied and that Mr. McCue should be required to comply with the court order to reconnect his property to the sanitary sewer system.  If this does not happen in a timely manner, the WPCA should seek advice of the Town Attorney and take measures to forcibly make

that occur.  He stated that this is a health issue.

Mr. Gilmore made a motion to deny the request for an application to install a septic system at 67 Laurel Lane, Simsbury for reasons already stated.  Mr. Shoemaker seconded the motion, which was unanimously approved.

6.    STATUS REPORT ON SEWER EXTENSION PROJECTS, ETC. – R. SAWITZKE

There was no report.

7.    TREATMENT FACILITY REPORT – J. CLIFTON

The Treatment Facility Report was sent electronically to the Authority members.  

8.    PROPOSED WPCA 2013 MEETING SCHEDULE – POSSIBLE APPROVAL

Mr. Gilmore made a motion to approve the WPCA 2013 meeting schedule.  Mr. Shoemaker seconded the motion, which was unanimously approved.

9.    OCTOBER 11, 2012 MEETING MINUTES – POSSIBLE APPROVAL

Mr. Shoemaker made a motion to approve the October 11, 2012 minutes as written.  Mr. Gilmore seconded the motion, which was unanimously approved.

10.    ADJOURN

Mr. Shoemaker made a motion to adjourn the meeting at 9:15 p.m.  Mr. Gilmore seconded the motion, which was unanimously approved.


______________________
Philip Richardson, Chairman