===OCR macOS Vision===
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can check the town website for requirements and contact a licensed plumber to obtain proper approvals.
CURRENT BUSINESS -
Illegal Connection 384 Mass Ave- Barb reported that she received an as-built from John Esposito on 11/30
showing a connection to sewer and it confirmed that 384 Mass. Ave. had been connected. She had sent emails to
Pam Munyon, owner of property, to confirm that the property connected and did not hear back. She pointed out that
Jack Rodriquenz never signed off on the Permit to Connect application. Barb contacted Mr. Esposito about attending
the meeting and told him that he should have had an inspection done. He said he tried to call. Neither Barb nor Sam
(DPW Administrative Assistant) received a call from him. Rob Oliva said that he understood that Jack gave Mr.
Esposito a verbal ok on the concept to connect and told him he needed to go to Mass DOT, which did not happen.
Rob reached out to Mass DOT and told them the connection was done, without going into the pavement on the road.
Mass Highway wanted the address in order to check it out and asked Rob to start the application process, for their
records, which Rob will do online. Mike suggested that if the process was not followed, there should be some kind of
fines assessed. Carl noted that Rob had answered most of his concerns, including that it is usually the Town's job to
go to the State (per subsequent Bright Farms discussions) and the only option was to assess the fine for an illegal
connection, as stated in the regulations and let Rob proceed with working with the State. Brett agreed with Carl and
Mike regarding the fine and thanked Rob for contacting the state. Dave would like to hear from the State and
recommended having Mr. Esposito and the property owners attend the January meeting to explain why they
connected illegally. The Commission discussed the minimum fine of $5,000 and options, such as digging it up, to
determine what was done. Rob noted that the town does not allow easements and this connection has been tied into
the other building and can be an issue when the property is sold. Dave suggested we talk to Town Counsel, and to
keep track of legal costs to add to the fine and get input from the State. He also asked Barb to contact Jack in
regards to what had been done. Carl added they need to know where the line is and, at the owner's expense, have a
proper survey completed. If the line crossed the property line, it would need to be redone. The Commission
discussed options for checking exactly where the pipe is. Barb said she will contact Town Counsel.
Maintenance Plan - overview discussion-Rob suggested that each Commissioner go through the plan individually,
noting any questions/comments. He can put all questions/comments in one document, which can be discussed,
section by section in meetings. The Commission discussed Rob's suggestion and agreed it was the best use of time.
Dave encouraged all commissioners to send their comments to Rob. Carl added that he will send his previous
comments to Rob.
Q2 Sewer Billing Commitment -
Motion: John R.
To approve the Q2 billing for $291,405.95, dated 11/23/20.
Roll Call Vote: Mike-aye, Carl-aye, John-aye, Brett-aye, Dave-aye
Second: Brett R.
Minutes 11/16-
Motion: Brett R.
To approve the minutes of 11/16/20.
Second: John R.
Roll Call Vote: Mike-aye, Carl-aye, John-aye, Brett-aye, Dave- aye
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suggested making sure the next budget has money to pay for the components of the maintenance plan. Invoices-
Commission approved the Fitchburg Usage invoice for $13,689.36 and Leominster Usage invoice for $74,265.66,
which was based on flows for 6/26 - 9/25/20. Barb added that this Leominster invoice was the truest invoice as it
reflects a dry period with little I/1. Billing to Outflow comparison Q2 - Barb noted that when Al gives her the
December numbers, she will have data for pump runs and flows to use with the Woodard & Curran billing tool. Carl
noted after looking at the comparison that since each summer period is similar whether it reflects irrigation usage that
is not part of the irrigation meters. Year to date budget- Barb had sent the current budget to Commissioners to
review. Carl thanked Barb for moving the charges for Empey to outsourcing where it should be. Grease Trap-
1st Tuesday reports - Barb reported that all permits are current and there is just 1 outstanding report, which she
should have tomorrow.
Member Agenda Inputs for Future Meetings - Dave suggested starting work on the Maintenance Plan in January
and he asked Barb to check the status on Small Water (SWSS) for 2020. Barb replied that SWSS never pursued
anything, but she will check with Heather (Town Manager).
Public Comment - Regarding 384 Mass Ave., Carl suggested that we get a written statement from Jack Rodriquenz
and Dave suggested that it may be better for counsel to work with Jack as he would know the right questions to ask
about the vaccines. He also thanked all the Commissioners for their work in 2020. Barb added that she will send out
any updates she receives in regard to 384 Mass Ave. Barb also suggested sending a plant to the Water Department,
who are now in their new building. Dave suggested buying them a pizza lunch instead and all agreed
UPCOMING SCHEDULED SEWER COMMISSION ACTIVITIES:
January 12, 2021 @ 5pm - Regular Meeting, Remote Participation
January 26, 2021 @ 5pm - Regular Meeting, Remote Participation
Motion: Carl L.
To adjourn: 5:34pm
Second: Brett R.
Roll Call Vote: Mike-aye, Carl-aye, John-aye, Brett-aye, Dave- aye
Respectively submitted
Minutes Clerk
Attached: Carl Luck 12/21/20 email of Notification of Legal Office Hour meeting
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Per the Sewer Commission's new Legal Counsel Access Policy, 1 am notifying the members of the Sewer Commission of
my meeting with Town Counsel during his Office Hours on 12/14/20.
I had scheduled this meeting initially to discuss Conservation Commission related items only, but had time at the end to
get clarification, for my own sake, related to the timely issue of sewer connections policy and fines. Although not
required by our policy, I would have informed the Commission of this meeting, in advance, at our 12/8 meeting if I had
planned to discuss sewer items at that time. It was only upon reflection after our meeting, and having been told by our
Chairman that I was not welcome to join our Business Manager during her portion of the meeting with counsel on this
subject, that I considered adding this to my list, if time permitted.
I found the discussion with Adam, though short, enlightening and useful. I strongly encourage all Commissioners to take
advantage of these Office Hours whenever you have questions or want to understand the legal implications of our
Charter, Regulations, and/or Policies. Adam Costa has proven himself to be open, well informed and thoughtful in his
guidance. The cost is already included in our lump sum budgeted payment to the Town for legal support, so there is no
additional legal expense to our customers associated with these meetings.
I wish each of you a safe and Happy Holiday,
Carl
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