RECEIVED SEPTEMBER 22, 2010 @ 10:51 A.M.
Michele R. Grande, Redding Town Clerk
5 pages
WATER POLLUTION CONTROL COMMISSION
MEETING
September 15, 2010
Present: J. Shaban, D. Pattee, R. Regan, T. Eubanks
Also present: R. Gervais (Veolia Water)
Mr. Shaban called the meeting to order at 7:50 pm in the Old Town Hall
APPROVAL OF MINUTES
Motion: move that the minutes of the August 18, 2010 meeting be accepted as submitted. Pattee, Eubanks. Approved. Unanimous.
REPORT FROM VEOLIA WATER
Mr. Gervais highlighted his written report.
- Average flow was 66,000 gpd.
- Mixer problems have been solved with the change in frequency and duration.
- Wet well: erratic signals from the ultrasonic depth gauge. Foreign matter found. Traver representative determined the cause was the transducer sending erroneous data, causing material to cling to the unit face. Three of the floats in the wet well were found to be defective, requiring replacement.
- SCADA system: an ineffective card for the alarm system was replaced.
- Fire alarm: the system has been completed. The phone notification with United Alarm is about $25/month, radio alarm call out is $32/month. Mr. Gervais will get further information.
GLDC UPDATE
Mr. Shaban will meet with Chris Lynch regarding the GLDC issues, plans and potential payments. Mr. Eubanks prepared a spreadsheet of cash flow and expenses. It appears that the Commission will go from a position of paying some, but not all bills to a position of a zero balance situation (not be able to pay any bills) in November. Negotiations with the Board of Finance for financial assistance will continue.
NEW ASSESSMENT FOR GLDC PROPERTY
Mr. Shaban provided copies of the Resolution for Division into Districts and Supplementary Assessment for review. Town counsel has reviewed the document, intended to should protect the town and improve its lien position.
Motion: move that the Water Pollution Control Commission adopt the language of the Resolution for Division into Districts and Supplementary Assessment and to approve the Chair to take any and all necessary and appropriate steps, including the issuance of the Notice of Proposed Assessment, set a Public Hearing and to do what is needed. Shaban. Eubanks. Approved. Unanimous.
WPCC REGULATIONS
Mr. Pattee stated that there is still some information that must be inserted into the document. Mr. Pattee will finalize the document.
FINANCIAL STATUS
The financial documents were not available for review. The outstanding invoice information will be emailed to the Commission members and a vote for approval will be taken by email.
ADJOURNMENT: The Chair adjourned the meeting at 8:30 pm
Respectfully submitted,
Mary Maday, Recording Secretary
Town of Redding
WATER POLLUTION CONTROL COMMISSION
Resolution for Division into Districts and Supplementary Assessment
WHEREAS In 2002 the Georgetown Land Development Company (“GLDC”) undertook the redevelopment of the Gilbert & Bennett Wire Mill -- a 60 acre abandoned industrial site in Redding -- into a mixed use site containing homes, townhouses and commercial uses (hereinafter, the “Wire Mill Redevelopment”); and
WHEREAS the existing waste water treatment plant in Georgetown at that time was a small biological system that had been constructed in two separate phases (hereinafter, the “Phase II Plant”) licensed for 75,000 gpd; and
WHEREAS the Wire Mill Redevelopment required an additional 170,000 gpd capacity (245,000 gpd total); and
WHEREAS the Town of Redding and GLDC agreed that -- rather than having the Town replace the Phase II Plant, build a new plant and thereafter assess GLDC for the attendant costs -- GLDC would build a new phase III waste water treatment (hereinafter, the “Plant”) to meet the needs of the existing Georgetown residents and the new Wire Mill Redevelopment, and that once the construction and licensing were complete, the new Plant would be turned over to the Town Redding and under the control of the Redding Water Pollution Control Commission (the “ WPCC”); and
WHEREAS pursuant to a certain Construction Agreement dated June 13, 2006, GLDC and its companion special taxing district created for the Wire Mill Redevelopment, the Georgetown Special Taxing District (“GSTD”), agreed to pay for any attendant and additional costs incidental to replacement of the Phase II Plant and the completion of construction of the new Plant; and
WHEREAS the WPCC filed a Notice of Lien Rights at Volume 357 Page 976 referencing and attaching the aforementioned Construction Agreement and referencing its rights under Chapter 103 of the Connecticut General Statues; and
WHEREAS GLDC and GSTD completed the~construction of the Plant in 2008;
NOW LET IT BE RESOLVED:
1. In accordance with Conn. Gen. Stat. 7-249, the WPCC hereby divides the total territory benefited by the Georgetown sanitary sewer system into two districts: District 1 consisting of the development property now or formerly of GLDC and/or GSTD, and District 2, consisting of the remainder of the properties benefited by the Georgetown sanitary sewer system. In accordance with Conn. Gen. Stat. 7-249, the WPCC will assess benefits to the property in District 1 separately from the assessment of benefits for properties in District 2.
2. In accordance with Conn. Gen. Stat. 7-251, the WPCC hereby makes a supplementary assessment against the property in District 1 of the Georgetown sewerage system to pay any attendant and additional costs incidental to replacement of the Phase II Plant and the completion of construction of the new Plant.
3. In accordance with Conn. Gen. Stat. 7-140, the WPCC reaffirms and claims a lien on the Wire Mill Redevelopment property for the assessment of benefits for the attendant and additional costs incidental to replacement of the Phase II Plant and the completion of construction of the new Plant. A certificate of lien duly signed by the chairman of the WPCC and describing the premises upon which such lien is claimed and the amount claimed as a lien thereon will be lodged with the town clerk for recording on the Redding land records.
4. In accordance with Conn. Gen Stat. 7-253, the supplementary assessment may be made in equal annual installments. A Certificate of Notice of Installment shall be recorded on the Redding land records and shall operate as notice of the existence of a plan for payment of the supplementary assessment by installments. At such time as usage fees established in accordance with Conn. Gen Stat 7-255 are being paid by the owner(s) in District 1 in an amount which offsets any remaining annual installments, the WPCC may forgive and cancel such remaining annual installments, and remove the Notice of Installment from the land records.
5. Any supplementary assessment or installment not paid within 30 days of the due date shall be delinquent. In accordance with Conn. Gen. Stat. 7-254, a delinquent installment shall be subject to interest as allowed by the statute, and shall constitute a lien upon the property against which the supplementary assessment was levied from the date of such levy. The lien will be continued and recorded in the manner provided by the general statutes.
Notice of Proposed Assessment
In accordance with Conn. Gen. Stat 7-250, the WPCC will give notice of a public hearing at which GLDC, GSTD and/or the owner the Wire Mill Re development property in District 1 will have the opportunity to be heard concerning the proposed supplementary assessment. The WPCC finds that the additional costs incidental to the replacement of the Phase II Plant and completion of the construction of the new Plant will accrue at approximately $26,000 per month, or $312,000 annually, and can be expected to continue to accrue for a period of ten years. The WPCC proposes a supplementary assessment in District 1 of $3,120,000.
The WPCC further finds that the sum of the supplementary assessment and any earlier assessments does not exceed the special benefit accruing to the GLDC development property from connection to the Georgetown sewerage system, since the value added to the property for commercial and dense residential development by connection to the sewerage system far exceeds the sum of assessments.
Pursuant to Conn Gen. Stat 7-253, the WPCC will allow the supplementary assessment to be paid in annual installments, without interest, provided that statutory interest will be due on delinquent installments. The first installment will be due and payable not later than 21 days after the amount of the supplementary assessment to be levied is filed in the town clerk’s office, and annual installments will be due and payable on the anniversary date of said filing thereafter.
The notice of the time, date and purpose of the public hearing will be published at least ten days before the date thereof in a newspaper of general circulation, and will be mailed to the owner of the property affected. A copy of the proposed supplementary assessment will also be filed in the office of the town clerk at least ten days before the date of the hearing.
When the WPCC has made a final determination of the supplementary assessment to be levied, it shall file a copy thereof in the office of the town clerk, and shall cause a copy to be published in a newspaper of general circulation and to be mailed to the owner of the property affected, not later than five days after filing in the town clerk’s office.
September 20, 2010
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