Hampton Ponds residents and Water Commission seek a compromise

WESTFIELD — Some progress was made at a second meeting of the Water Commission with Hampton Ponds residents on March 12, where both groups agreed to work on a compromise regarding the sewer grinder pumps, which the city has been maintaining, repairing and replacing for the past 25 years.

The meetings were in response to a certified letter sent to 47 residents at Hampton Ponds in early December from Public Works Executive Director Randal Brown, stating the commission had met three times in September, October and November to discuss discontinuing maintenance on Hampton Ponds residents’ septic grinder pumps.

Susan McFarlin, president of the Hampton Ponds Association, said included with the certified letters was a copy of the final resolution of the vote on Nov. 10, which stated: “The City of Westfield agrees to cease paying for all costs, labor and parts as of June 30, 2026. After July 1, 2026, all of the costs, labor and parts shall be paid by the homeowner.”

McFarlin said the decision alarmed many residents and goes against an agreement made 25 years ago by the city to cover maintenance.

The grinder pumps were first installed in the 1990s after residents were required to hook up to the sewer system due to new environmental regulations to prevent waste from leaching into Hampton Ponds, she said.

The city initially paid for the pumps in the 1990s through a grant from the state, and residents were told they would last 20 years and signed a contract to maintain them. But after continuous breakdowns and malfunctions in the first couple of years, the residents brought a petition to the City Council on August 16, 2001, asking the city to take over maintenance of the pumps.

According to the minutes, the council voted at the 2001 meeting, “That the proper steps be taken to train the Public Works employees to maintain the grinder pumps in the Hampton Ponds area and that the matter be referred to the Public Works Commission, Law Department and Mayor.” While there is no written follow-up documentation that has been found, the city has been servicing and replacing the pumps ever since that 2001 meeting.

During the discussion on March 12, Water Commission Chair Joseph Popielarczyk pushed back on some of the claims of Hampton Ponds residents, including that the pumps had been installed for the public’s benefit. “It wasn’t solely for public benefit; this is privately owned infrastructure. The city extended the sewer line to try to resolve the problem,” he said.

Participating in the discussion was new Water Commissioner Christopher McCrary at his first meeting. He said that he had a hard time believing that everyone was forced to install the pumps. “Probably, the majority of the people saw the benefit,” he said.

McCrary said the bigger problem for him is that the Westfield city ordinance states that grinder pumps are to be maintained by owners, making the practice of the last 26 years what he called nebulous. “From my perspective, the answer isn’t one or the other. It isn’t taking it off of the homeowners indefinitely, but phased in. I’m inclined to say take some time to look into this, and communicate with the homeowners,” he said.

Popielarczyk said there was never anything solidified in writing after the 2001 City Council meeting.

“Even if we don’t have a written policy, the issue is nobody came to us,” McFarlin said, referring to the discussions that took place last fall about the continued maintenance of the pumps. The certified letter they received in December was the first communication with homeowners that the practice would be changing, which McFarlin said violated due process.

McCrary said it is his understanding that all agendas are posted.

“The Hampton Ponds Association dealt respectfully with the city for 33 years, but never the Water Commission,” McFarlin said. She said it is unfair to expect residents to look at the agenda of a commission they had never dealt with in the past about the grinder pumps.

City Solicitor Shanna Reed, also present at the meeting, said the pumps were originally funded by a Community Development Block Grant to provide assistance to the homeowners. She said the owners signed a contract in the 1990s that they would maintain the pumps, before the petition to the City Council in 2001, when the city took over maintenance.

Reed said the auditor questioned that practice in 2011. City Councilor Christopher Crean drafted a resolution in 2012 to end maintenance by the city, but dropped it due to pushback for political reasons, according to Reed.

“This is messy, obviously,” said Ward 6 Councilor William Onyski. The fact that residents were forced to put this in or face a lawsuit; the fact that the city serviced it for 25 years, a precedent is set.” He suggested a compromise in which the city maintains service for as long as homeowners continue to live in their homes, and once a house is sold, the new owner could take over the maintenance.

“I personally don’t think in perpetuity,” said Popielarczyk. ‘The fact that it’s been paid for this long … It’s time to sunset that. The association is looking for the policy to read upon the sale of the house … It seems tough until the next transfer or sale,” he said.

“Some will happen sooner than others. It’s easier if we pick a date, say 10 years from now,” McCrary said, with Popielarczyk expressing concern about future follow-up, saying there needs to be a written policy.

Susan McFarlin, president of the Hampton Ponds Association, said the residents would be meeting on March 16 and discussing what they believe would be a fair resolution of the disagreement.

After further discussion, the Water Commission voted to rescind the certified letter and resolution sent to residents that would have discontinued service and maintenance as of July 1, and continue the discussion to the next meeting on April 16 at 5:30 p.m. in Room 201.

Read the original article on MassLive . Add MassLive as a Preferred Source by clicking here .