TOWN OF SOMERS

WATER POLLUTION CONTROL AUTHORITY

P. O. Box 308

Somers, Connecticut 06071

 

WPCA MINUTES

7/2/02; 7:30 p. m.

Town Hall

 

I.          CALL TO ORDER:

 

            Chairman Jim Botellio called the meeting to order at 7:40 p.m.  Members present were:  Jim Botellio; George VanTasel; Dan Fraro; Elinor Labutis; Simon Lipton; Steve

Getman and Charles Colby.  Also present was Steve Jacobs, Town Sanitarian.

 

II.            MINUTES APPROVAL:            6/4/02

 

            George VanTasel made a motion to approve the 6/4/02 minutes, as written.  This motion was seconded by Simon Lipton and unanimously approved by the Authority.

 

III.       NEW BUSINESS:

            a.            166 Main Street - Change of Use:

 

                        Steve Jacobs said the owner of this soft service ice cream business is expanding into the adjacent space.  There will be (2) apartments and one restaurant in this building.  The owner will be serving take-out only - sandwiches and soft drinks.  The user

charge should go down from (4) EDU's to (3) EDU's for sewer use.  The restaurant/soft serve owner does not have a public rest room.  Therefore, there can not be any tables set up inside.  Elinor Labutis remarked that there are tables outside.  If this is a zoning issue, then

the Zoning Enforcement Officer should be notified.

 

George VanTasel made a motion to change the sewer user EDU charge from (4) EDU's to

(3) EDU's at 166 Main Street.  This motion was seconded by Elinor Labutis and unanimously approved by the Authority. 

 

            b.            175 Highland View Drive - Water Service:

 

                        Jim Botellio reported that he has met with Jonathan Avery of Hazardville Water but none of the major issues have been resolved.  Mr. Avery has requested copies of the bonds the WPCA is responsible for re-paying  - that covered the cost of constructing the

water mains.  Mr. Avery feels HWC owns the water main outside of the service area and the

Town owns the water main within the service area.  Jim Botellio feels the Town owns all the

water mains at this time.  In consulting with the Town Attorney, the following has been

resolved:

 

1.         The Town has, in place, a water main extension ordinance which permits the Town to charge connection fees to users who connect into the Town's water system.  The purpose of the fee is to reimburse the Town for its costs in constructing the system.

 

 

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7/2/02

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2.         The Water Supply Operating Agreement between HWC and the Town was effective in January 1988 for the Somersville area.  This agreement provides that the Town would construct and retain ownership of a water system within a specific area (Service Area). 

Under the agreement, HWC would maintain the system, supply water to and charge individual end users.  The agreement provides further that HWC may extend the system at no cost and supply water to additional users.   These extensions may be constructed inside or outside of the original service area.  Extensions within the service area become property of the Town while ownership of the system outside of the service area could vest in HWC - if the Department of Public Utility Control so approves.

 

3.         It is the Town Attorney's opinion that HWC has the right to require a property

owner to construct and pay for a water main from its present location across his property to the next property.  Therefore, Rick Cheney - owner of 175 Highland View Drive - could be required to pay for the water main extending across the front of his property up to the property line of the next lot.  However, the first and second contract with the subdivision and the Town -that encompasses Highland View Drive - indicates that the Town owns the water mains.

 

Dan Fraro asked what was the original reason for the Town to want to own the entire water main.

 

Jim Botellio said there used to be a federal tax - 52 cents out if every dollar - that the State would have to pay to the federal government for the value of the water main.  However,

the State could give the Town money to build the water system; thereby making the Town a water company.  This federal tax is no longer in effect.  Jim Botellio believes all water mains still belong to the Town.  If the water company assumes ownership of the water mains, then

they would be subject to taxation by the Town. 

 

The Town owns the water main up to Mr. Cheney's property line.  Mr. Cheney has already

paid the $2,600.00 water assessment for 175 Highland View Drive.  He  feels this money should be returned to him - if he is required to pay HWC for the water main extension across his property.

 

The water company can not charge anybody until the property hooks up to the public water.  They can not charge simply because the lines go by his property.

 

If the water line is within 200' of a property, the property owner has to hook up - unless he gets a variance from the State to put in a private well.

 

HWC provided the WPCA with a map showing the water main lines.  However, it is not certified with an engineer's stamp.  There is nothing on the map to verify its accuracy.

 

There is a question if the service area would be changed if pollution was discovered outside

 

 

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7/2/02

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this category - about (7) houses.  This would mean (7) new water assessment fees for the Town.

 

Jim Botellio said he will set up a meeting with Jonathan Avery of HWC and have the Town Attorney and Steve Jacobs attend this meeting.  We need to convince HWC that the Town owns the water mains.

 

The Authority advised Mr. Cheney to start the process for acquiring a variance from the State to put in a private well.  In the meantime,  we will meet with HWC to see if this situation can be resolved to the satisfaction of all concerned.

 

            c.            Connecticut DOC/PCE Mitigation Update

 

                        Received a addendum from Fuss & O'Neill to a request from the State which states that 321.1# of VOC's have been removed from the groundwater.

 

The State also asked about the sewer line bedding.  Fuss & O'Neill said there was 4" of stone under the inverting pipe - 1.4 ft. separating to the maximum water table - which would be a safety factor. 

 

The (3) wells in the Rye Hill Circle area have been added to the monitoring system - as approved by the State.  Monitoring of the boiler plant will be continued.

 

Simon Lipton made a motion to add the following item to the agenda as Item (d) under New Business.  This motion was seconded by George VanTasel and unanimously approved by the Authority.

 

            d.            Appointment to the Conservation Commission

 

                        Simon Lipton said he would like to retire from the WPCA.  He said he has been on board since the WPCA was started and he feels that - because of his age - he should begin to curtail some of his civic activities.  He has asked Dan Fraro to take over as an alternate member of the Conservation Commission - representing the WPCA. 

 

George VanTasel made a motion to approve Dan Fraro being appointed to the Conservation Commission as an Alternate representing the WPCA.  A letter will be written to the Board of Selectmen recommending Dan Fraro for this position.  Simon Lipton will retire from the Authority as soon as Dan Fraro's appointment to the Conservation Commission is approved.  This motion was seconded by Charles Colby and unanimously approved by the Authority.

 

It was also suggested that former member Tammy Erickson be contacted to see if she would like to resume her position as a member of the WPCA.  She was forced to resign when the

WPCA went from a (9) member board to a (7) member board.

 

                       

 

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7/2/02

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IV.            CORRESPONDENCE:

 

            Received a letter from the DEP regarding 31 George Wood Road (Kulas).  Originally they said he would have to abandon his well.  They have changed their mind and

they will still pay for the hook-up.  We will get a bid from Wood Construction to do the hook-up without abandoning the existing well.

 

Steve Jacobs had a copy of a line item transfer in the WPCA budget.  The Selectmen moved money from the Food Inspector's salary to Steve Jacobs salary and from Dues and Seminars to Postage.  It was the consensus of the Authority that they should know how their budget money is spent or moved around.  Steve Jacobs said this has to be straightened out.

The Food Inspector's salary comes from grant money and the balance in the account was

re-applied to the State in order to buy equipment.  Jim Botellio will talk to the First Selectman and clarify with him and the Treasurer's Office that any transfers or changes to the WPCA budget must be discussed with the Authority before any action is taken.

 

Town Attorney Carl Landolina wrote another letter to the Somersville Mill asking them to allow the Town to go in and fix the sewer line there.  The Fire Marshal and Building Inspector have reported bad odors coming from this area.  Steve Jacobs checked this out and there was evidence of leakage and also bad odors emanating from the sewer line.  The Town has an easement through the building so the Town can do maintenance.  The current situation is a health hazard and must be resolved.  It was the consensus of the Authority to hire someone to fix the sewer line as soon as possible.  Attorney Landolina should write another letter to the Mill people - stating that the Town has an easement and will fix the sewer line because a health hazard exists at the present time.

 

Received a letter from Mr. Marshall, president of Connecticut Water Company, enclosing a copy of the activities of the Customer Advisory Council.  He did not include a list of the members.  Somers does not have a representative but should appoint someone to represent the Town.

 

 

V.            AUDIENCE PARTICIPATION:    There was none.

 

VI.            BILLS:

 

            Stafford Electric (new refrigerator - grant money)               ($1,099.00)

            Ace Hardware                                                                                $7.54

            Environmental Monitoring Lab. (toxicity testing)                        $782.00

            Journal Inquirer (legal notice)                                                   $94.44

            Atkins (State Grant)                                                               ($130.08)

            Quill (State Grant)                                                               ($59.98)

 

George VanTasel made a motion to approve payment of the bills.  This motion was seconded by Charles Colby and unanimously approved by the Authority.

 

 

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7/2/02

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VII.            ADJOURNMENT:

 

Motion to adjourn was made by George VanTasel; seconded by Elinor Labutis and unanimously approved by the Authority.  The meeting was adjourned at 9:15 p.m.

 

                                                Respectfully submitted,

 

 

 

                                                Dan Fraro, Secretary

 

                                                Connie Carenzo, Recording Secretary

 

 

 

 

 

 

MINUTES ARE NOT OFFICIAL UNTIL APPROVAL AT A SUBSEQUENT MEETING.