Town of Prospect-Boards & Commissions

Water Pollution Control Authority

Tuesday, March 25, 2008

Members Present: Carla Perugini-Erickson, Christopher Wester, Derek Brown, Dave Wartko

Others Present: Scott Poryanda, Matt Gilchrist, Attorney John Knott, Diane Lauber (Tax Collector), arrived 8:45

Chairman Erickson called the meeting to order at 7:00 p.m.

Approval of Meeting Minutes: Motion by C. Wester to move the approval of meeting minutes until after correspondence, seconded by D. Brown. Unanimous.

Toll Brothers Approval to Begin Sewage Flow: Town Attorney John Knott presents to the board a series of documents regarding the Toll Brothers development. The first document presented was a Preventative Maintenance contract quote from Burt Process Equipment Inc. According to Sec C.3 of the intermunicipal sewer agreement it is required that the flow meter be inspected every 6 months. They have submitted a contract stating that service will be performed twice a year and a written report will be sent within fifteen days of each service to the Town of Prospect, the City of Waterbury, and Toll Brothers Inc. The written report will contain the work done and any parts replaced, verification of the results and calibration, and a notice if the flow meter cannot be made accurate and needs to be replaced. The contract is only good for one year with the option to renew. Attorney Knott informs the board that Toll has received a copy of this ocntract as well as Lynn McHale and Scott Poryanda. According to Attorney Knott all those involved feel that the contract meets all requirements and proposes that a motion be made to approve the agreement. Motion by C. Wester to approve the Preventative Maintenacne Agreement from Burt Process Equipment Inc, and send the agreement to Mayor Chatfield for signature and authorization, seconded by D. Brown. Unanimous.

Attorney Knott then passes out a faxed copy of the City of Waterbury Water Pollution Control's written approval for the "Regency at Prospect Phase I" sewer connection to the Waterbury sewerage system which is required by the intermunicipal sewer agreement in Sec C. 1. Attorney Knott informs that board that the WPCA agreement could not authorize flow tihout Waterbury's WPC approval and since this letter is required by the intermunicipal agreement no motion needs to be made.

Attorney Knott then passes out three more documents a Warranty Deed of Easement , Subordination Agreement, and a copy of the First American Title Insurance Company Endorsement. Att. Knott continues to detail the importance of all three documents. Att. Knott advises the board that all documetns need to be accepted and a resolution needs to be passed to agree and accept them. Motion by D. Brown to agree and accept a resolution for the Warranty Deed of Easement, Subordination Agreement with the Title Insurance Endorsement regarding the Toll Brothers development, seconded by D. Wartko, Discussion then followed with Chairman Perugini-Erickson questioning where the executed copies are. Att. Knott explains that Robin Kahn will take care of filing all documents and he will have signed copies for the Special Meeting to be held Monday March 31 at 7:00. Vote, unanimous.

Att. Knott proceeds to pass out another series of documents which include a section of the Declaration which incorporates the requirements of section 16 of the Owner's and Developer's Agreement, the Public Offering Statement Supplement 1, a Preliminary Certificate of Title, and the Operations and Maintenacne Plan Outline for the Regency at Prospect. Motion by C. Wester, to accept the Premiminary Certificate of Title amended to show sewer easement to the Town of Prospect and directed to the Town of Prosepct together with condominium documents including the Operations and Maintenance manual, proposed deeds to unit owners, subject to the delivery of the Final Certificate of Title when the deed to the association is filed, seconded by D. Brown, discussion followed regarding the changes were made in the Operations Maintenance Plan to notice the WPCA. Att. Knott shows the board these changes appear on the bottom of page 8 and the top of page 9. Chairman Perugini-Erickson has a concern with the Toll entity signing off on the deed since it is a new name. Att. Knott states he will double check to clarify exactly who they are. Vote, unanimous.

Scott Poryanda then informs the board that during the course of his analysis on Phase 1, he was concerned with the pitch on Tulip Tree Circle. When looking at Phase 2 the pump was configured so that the flow required a left hand turn. It is preferred to have a direct flow so the velocity created by pump would continue to do its job. In order to approve the flow for Phase 1, Phase 2 needs an adjustment. The owner developer agreement requires that everything needs to be followed exactly and if there is going to be a change the WPCA needs to approve. We have a proposed change to move the sewer pump station from point a to b. The pump station to Phase 2 was connecting into Phase 1 manhole 31. S. Poryanda describes why it would be better to tie it into manhole 29 to create a more direct shot connecting into Phase 1. Motion by C. Wester to approve the revision into the plan to move the connection of the sewer pump station from sanitary manhole 31 to sanitary manhole 29 as shown on SU1 prepared by BL companies dated 1/4/08 and revised to 3/25/08, seconded by D. Wartko. Unanimous.

Att. Knott briefs the board on why a special meeting needs to be held on Monday March 31, 2008 and what will take place at that meeting. When S. Poryanda reviewed the as-built plans it was his opinion that the pitch in Tulip Tree Circle was insufficient for proper flow and did not meet the plans. Because of this Toll Brothers is rebuilding the sewers in Tulip Tree Circle so that they will meet the requirements of the plan. Before the WPCA can approve as builts for Phase 1 we need to get a change in the plan and reconstructed as builts for Tulip Tree Circle. Att. Knott knforms the board that Toll has contract with the first unit on Tulip Tree Circle, which is planned to close on March 31, 2008, however no certificate of occupancy can be given until approved by the WPCA. Motion by D. Brown to authorize the building office to grant a Certificate of Occupancy for unit number 60 located on Tulip Tree Circle, seconded by D. Wartko. Unanimous.

Pond place Sewer Meter Upgrades: Scott Poryanda discussed some requested upgrades for the Pond Place sewer meter. He states there was a meeting on Thursday, March 13, 2008 where he met with Maurice Fortier of teh Waterbury Water Pollution Control, to discuss replacing the current wooden structure on the meter pit reading center with a more sturdy metal one. Apparently every time the gentleman goes to do a reading he is getting stung by bees. They have also requested that the pavement be extended beyond or at least up to the sanitary manhole, which is where the pavement originally went. It appears that for some reason a portion of the pavement was removed. While repaving they would also like to see a paved walkway up to the meter to make it easier to take readings during inclement whether. It is brought to the board's attention that we should do an assessment now with regards to updating the reading system for analog to radio since that will be a necessary upgrade down the road. C. Wester will talk with Maurice Fortier about upgrading the system and find out some of the potential costs involved. The WPCA will need to hold a special hearing regarding the assessment. Chairman Perugini-Erickson will ask John Knott about the process for an assessment.

Chairman Perugini-Erickson called the meeting into a recess at 8:10.

Chairman Perugini-Erickson called the meeting back to order at 8:15.

2008 Budget Discussion: C. Wester presented our budget proposal to the Town Council. The Council was concerned with whether or not the money allotted for the Waste Waters Facilities Plan would be spent this budget year and what would happen if it is not spent. They also questioned the $5,000 set aside for engineering fees and requested that we get something in writing to present to the Town Council regarding specs. It was determined that line item #5900-04 for the Waste Waters Facilities Plan would be reduced from $50,000 to $30,000.

Chairman Perugini-Erickson called the meeting into a recess at 8:43.

Chairman Perugini-Erickson called the meeting back to order at 8:45.

Boulder Brook Sewer Discharge Permit: Chairman Perugini-Erickson shares with board members as well as a few Boulder Brook residents that since she has not received all of the proper documentation from Hank Berberat she is under the impression that there are still some issues to clear before the discharge permit. She has been in touch with both Hank Berberat and Mike O'Brien via email, however no documents have been received. In order for the discharge permit to eb authorized we need a copy of the maintenance agreement, alarm monitoring agreement, and copies of invoices from electrician and alarm company to satisfy conditions #2 and #3 of the conditional approval. Hank must complete all items on the conditional approval and submit certification to the DEP before the WPCA can accept. Once documents are sent to the DEP they will then issue the general permit. It is Hank's responsibility to certify to the town that he has received the permit.

Additional Residential Hook-Ups to Boulder Brook Line: Chairman Perugini-Erickson discusses Hank Berberat's inquiry into having additional hook-ups to the Boulder Brook line. She states to the board members and residents present that Hank has the right under his condo document to allow future connections to the line. However, the agreement executed on behalf of Tesco with the Town of Prospect requires that before any connections be allowed he would have to go before the Naugatuck WPCA as well as the Prospect WPCA for approval. Hank asked what we would require to allow additional hook ups. Chairman Perugini-Erickson states that the WPCA would need documentation from the engineer to show that the line is sufficient and has the capacity to allow additions to it. We could require upgrades to the line if it is in sufficient. The eighteen-month sewer moratorim would come into play if there is a definitive extension issue. Residents are very concerned with the idea that they may be additional hookups to the line. Chairman Perugini-Erickson states that as the owner of the line he retains the right to offer other people to hook up to the line although that does not mean that additional hook ups will be approved. Chairman Perugini-Erickson strongly advises the residents of Boulder Brook to seek legal counsel stating that they cannot rely on the WPCA for legal advice regarding their rights and liabilities to the line. As of right now the WPCA is unsure of what Hank's plan may be since the board has seen no application.

Sewer Billing Procedures: sewer user fees: Diane Lauber informs the board that she did in fact bill Pond Place and received a check back for payment in about one week from the new owners. The bill has been paid and no interest was incurred since there is only one bill sent per year. We need to hold a public hearing in order to set a sewer user fee. It is estimated that a bill will be coming for Toll in September or October 2008. Chairman Perugini-Erickson informs D. Lauber that the board is planning to set up some subcommittees and workshops to be held in August to determine a sewer user fee. D. Lauber also presents to the board a quote of $1,205.50 from Lightning PC for a laptop computer for the purposes of having remote access to take readings from the Toll flow meter. An additional phone line is needed in Town Hall in order to hook up a modem. Chairman Perugini-Erickson askes Diane to look into getting an estimate for the cost of adding an additional line. D. Lauber states that Mark Wither of Lighting PC may come to the next WPCA meeting to discuss all these issues. D. Lauber says she will discuss the additional phone line issue with Mayor Chatfield. Chairman Perugini-Erickson asks that D. Lauber put a whole package together to give to both Atty. John Knott as well as Toll Brothers so that a system can be put into place for us. This matter is to remain on the agenda until it is completely resolved.

Waste Waters Facilities Plan Schedule: C. Wester states that we need to get back on track with the tentative schedule in order to select a consultant by June. The board feels that it is necessary to create a subcommittee to better develop the Waste Waters Facilities Plan. Chairman Perugini-Erickson appoints Chris Wester and Dave Wartko to be the subcommittee. They decide to meet on April 8, 2008 and will plan to review RFQ and develop a scope of services. At the next regular meeting the WPCA can vote for publucation in order to receive RFQ submittals from consultants. From there a short list of consultants to interview for our project will be formed. On April's agenda an item will be included to review RFQ to develop the Waste Waters Facilities Plan and vote for publication.

Officer Nominations: D. Brown nominates Carla Perugini-Erickson to be the WPCA chairman, seconded by D. Wartko, Unanimous. Chairman Perugini-Erickson states she feels as though we need to nominate a Vice Chairman. Chairman Perugini-Erickson nominates Chris Wester to be the WPCA Vice Chairman, seconded by D. Wartko, unanimous.

Correspondence: None

Approval of Meeting Minutes: Motion by C. Wester to approve the meeting minutes from February 26, 2008 with minor corrections, seconded by D. Wartko. Unanimous.

Approval WPCA Clerk for reimbursement: Motion by D. Brown to approve reimbursement for WPCA clerk, seconded by C. Wester. Unanimous.

Open: D. Brown brings to the board's attention that Planning & Zoning will be holding a Public Hearing on April 2, 2008 at 7:30 with intent to review revisions of the regulations of the WPCA. D. Wartko will attend the meeting to represent the WPCA as well as answer any questions the public may have.

Adjournment: Motion by Chairman Perugini-Erickson to adjourn at 10:05, seconded by C. Wester. Unanimous.

Respectfully Submitted,
Carla M. Perugini-Erickson, Chairman