Town of Prospect-Boards & Commissions

Water Pollution Control Authority

Approved Minutes

April 25,2006

Members Present: Carla Perugini-Erickson, Carl Graveline, Christopher Wester, Derek Brown

Members Absent: William Stankiewicz

Also Present: Mayor Robert Chatfield, Attorney Antony Casagrande

Chairman Perugini-Erickson called the meeting to order at 6:08 pm.

Mayor Chatfield attended the meeting to share his knowledge and understanding of the TESCO/Boulder Brook sewer system. Mayor Chatfield first stated for the record that he has no power or authority over the Prospect WPCA. Mayor Chatfield stated that since day one of the TESCO/Boulder Brook Development the sewer system was presented as a private system that would only require agreements between TESCO/Boulder Brook and the Borough of Naugatuck. Mayor Chatfield stated that he had been requested by TESCO to attend a meeting with Naugatuck to discuss the sewer connection to the Borough of Naugatuck's sanitary sewer system. Mayor Chatfield stated that the Town of Prospect received an Eight Thousand Dollar Bond from TESCO to insure the work performed within the Prospect public roads. The Mayor stated that Four Thousand Dollars has been released from the bond. The Mayor stated that TESCO still has to mill the pavement roadway within the limits of the sewer installation and a pavement overlay to restore the roadway. The Mayor expects the milling and overlay to be performed within the next month or two. The Mayor stated that Trumbull Construction of Ansonia, Connecticut performed the sanitary sewer installation for TESCO. The board stated that to date the only agreement seems to exist is a private developer's agreement. The board has received a poor quality copy of a developer's agreement that may be incomplete or has erroneous pages inserted. The Mayor will research the agreement to determine if the Town has a complete copy. The Mayor suggested that the WPCA should meet with the Planning and Zoning Commission to discuss the amendments needed for the Zoning regulations to insure the WPCA reviews and has control over any sewer connections to be added in future developments. The Mayor requested that the proposed agreements be written to protect the Town of Prospect and insure that all liability and responsibility for the sanitary sewer be placed on TESCO/Boulder Brook. The Mayor stated that the Developers Agreement with the Town of Prospect should include an emergency response plan with a 24 Hour, 365 Day per year emergency contact phone number. The emergency response plan should also include the name of the qualified on-call contractor to repair any problems with the sewer system. The emergency contact information needs to be re-issued annually and supplied to the Prospect Dispatch Center.

The board asked the Mayor if Bill Stankiewicz could be replaced because he has been an inactive member. The Mayor requested that the membership list be provided to his office to look for a replacement member and to request nameplates for the active board members. The Mayor stated that the new Town Excavation Regulations should help the control of all roadway excavations including all utilities. The Mayor will provide copies of the Excavation Regulations to the board.

Attorney Casagrande discussed the proposed draft agreements for the TESCO/Boulder Brook sewer system. Attorney Casagrande suggested that Chairman Perugini-Erickson contact Naugatuck WPCA to open a friendly dialogue to obtain a mutual understanding of the TESCO/Boulder Brook sanitary sewer connection as well as any future connections. Attorney Casagrande also suggested that the Chairman request copies of the TESCO/Boulder Brook developers' agreement from Naugatuck.

Discussion followed regarding the status of the Boulder Brook completeness and the condominium association. The Boulder Brook condominium association will be formed when all units have been sold. All agreements proposed for TESCO/Boulder Brook must include language stating that TESCO's obligations are imposed onto the Boulder Brook Condominium Association at its inception. Attorney Casagrande stated that the WPCA Regulations require an amendment to add an article detailing the TESCO/Boulder Brook sanitary sewer connection to the Borough of Naugatuck's sewer system.

Attorney Casagrande offered comments and made suggestions to revise the draft sanitary sewer permit application, instructions and the Ordinance for sewer user charges.

Motion by C. Wester, seconded by D. Brown to direct Attorney Casagrande to revise the TESCO/Boulder Brook draft agreements to include the items discussed and to forward them to TESCO's attorney for review. Unanimous.

Motion by C. Wester, seconded by D. Brown to accept the minutes from the special meeting on April 11, 2006. Unanimous.

Old Business: C. Perugini-Erickson will attend a meeting with Attorney Knott, Mayor Chatfield, Joe Commendatore and Scott Porianda to discuss the status of the Toll Brothers, Scott Road Development and the proposed sewer flows. The sewer system/connection agreements remain outstanding.

Motion by C. Wester, seconded by D. Brown to adjourn meeting at 8:35 PM. Unanimous.

Respectfully Submitted,
Carla M. Perugini-Erickson
P ^ Chairman