October 3, 2006
The Town Council meeting was called to order by Joseph Commendatore, Chair at 7:00 p.m.
Members Present: Joseph Commendatore, Robert Doyon, Patricia Geary, Frederick Harkins, Dominick Mirabelle, Dominic Moschella, Roger Kergaravat (7:07 p.m.), and Douglas Merriman.
Members Absent: Theresa Graveline
Mayor’s Report:
Mayor Chatfield stated that all Town phones will be going to the central link for phone service. There are 42 phone lines which will be coming in on one bill and if you are calling from one Town phone to another you only have to dial the last four digits of the telephone number. This change will save the Town $7,551.84 dollars a year.
Mayor Chatfield also stated that the Town of Prospect is NIMS certified. All firefighters, police officers, public works officials and senior school officials have to be certified; this is State mandated.
Gina Ash, the Grants Director will be at the next meeting to discuss open space questions the Council has.
Motion made by D. Merriman to go into Executive Session at 7:05 p.m. to discuss the Union Contract with Public Works and negotiations on the U.S. Cap and Jacket property. Motion seconded by R. Doyon. Mayor Chatfield, Attorney John Knott, and Attorney Nick Zaino were invited.
Motion unanimous.
Motion made by P. Geary, to come out of Executive Session at 7:35 p.m. Motion seconded by R. Doyon. No votes or motions were made during Executive Session. R. Kergaravat arrived at 7:07 p.m.
Motion unanimous.
Carla Perugini-Erickson, Chairman of the WPCA presented the Council with an agreement that has been drafted between the Town of Prospect and Tesco Rentals LLC/ the Boulder Brook Development. Atty. Casagrande will present the Council with some important issues in the agreement. Boulder Brook received approval to hook into the Naugatuck sewer system through a private line. The Town of Prospect had nothing to do with it with regard to billing or administratively. This is not an intermunicipal agreement. D. Mirabelle asked why the developer was able to build without the Town’s approval for the private sewer hookup. Ms. Erickson stated that she’s not sure how the developer was able to hook up without the Town’s approval, she was not on the WPCA then. She also stated that in the future the WPCA would like to be notified regarding these issues and be on the check off list for building permits and Certificate of Occupancies. P. Geary stated her concerns regarding the contract appearing now three years after the development. Ms. Erickson said that the only thing that was in place was an agreement from Naugatuck giving Tesco permission to hook up to their sewers. The Councils role now is to review this new agreement that is to protect the Town from any responsibility or liability if something happens to the private sewer main, and vote whether or not they want to allow the Town of Prospect and the WPCA to enter into this agreement. Atty. Cassandra stated that there was no legal significance to the Town in the agreement between Tesco and Naugatuck; there is no legal validity to it. Roger Kergaravat asked why the Council has not been submitted a copy of the past agreement. D. Mirabelle addressed his concerns again for having the agreement after the fact. Ms. Erickson stated that this is a private line owned by Boulder Brook Condo Association. This agreement protects the Town from any liability if something happens to the sewer main on Town property. Carla Erickson summarized the agreement submitted to the Council. If there are any problems and for some reason the Town is called they will be deferred to Boulder Brook’s maintenance agreement. Prospect has the right to make emergency repairs, however Prospect shall be immediately reimbursed for those costs. J. Commendatore asked about “not to exceed 24 hours”; If there is an emergency does the Town have to wait the entire 24 hours. Atty. Casagrande explained the use of “reasonable” in this agreement. Carla Erickson further discussed the Town not having any liability or responsibility for this sewer main/ hookup. Atty. Casagrande stated that provisions 6 & 7 are very important in this agreement. Provisions 8 & 9 are essential in why this agreement came about. One of the things the WPCA wanted to prevent was the expansion of this sewer line regardless what Naugatuck may agree to do. Without coming to the Prospect WPCA and receiving their approval the sewer main can not be extended. There was further discussion/ explanation in regards to the agreement. F. Harkins asked about extension of the main. Atty. Cassandra stated that a new agreement would have to be approved in order to make any extensions on this private sewer main. P. Geary asked about extensions and whether or not Tesco has the right to give permission to hookup into their sewer main. R. Kergaravat stated that he would like to see the copy of the original agreement and what attorney, if any, drew up the original agreement. Atty. Casagrande and Chairman Commendatore stated that the original agreement has nothing to do with this current agreement. P. Geary stated that she is very happy with the WPCA and the job they are doing. D. Moschella asked if Tesco has agreed to this agreement. Atty. Cassandra stated that Tesco is in agreement with this and now the Condo association will have to vote on it. D. Moschella asked if this is the final agreement if approved. Attorney Casagrande stated that this is the final agreement. D. Mirabelle asked why Tesco would want to sign this agreement and what benefits do they get for signing this. The Town Council will not be notified if Tesco wanted to extend only the WPCA would have to be notified. Atty. Casagrande stated that there is not a need for the Town Council to be involved in this agreement. Tesco realized that there was some controversy and Tesco has been pretty agreeable as to all of the protections for the Town; they are being very cooperative. D. Moschella asked if the Town is better off not having an intermunicipal agreement and just having this private agreement. Attorney Casagrande and Ms. Erickson stated that the Town did avoid some responsibilities as to going this route and it seemed that this was the more logical path. Chairman Commendatore stated that the positive coming out of this is that the WPCA should be notified and be part of the process. Motion made by P. Geary to allow the WPCA to enter into this agreement with Boulder Brook Condo Association and Tesco Rentals. Motion seconded by D. Moschella.
Motion unanimous.Derek Brown from WPCA submitted a sewer user ordinance from the WPCA; “Ordinance for Establishment of a Sewer Use Charge System”
Motion made by D. Mirabelle to refer this proposed ordinance to the Ordinance Committee. Motion seconded by R. Doyon.
Motion unanimous.
Chair’s Report:
Chairman Commendatore stated that he went to a meeting of the teachers negotiations. Joe Commendatore and Theresa Graveline are the representatives from the Town. There are four meeting dates scheduled: October 23, November 2, November 16, and December 5. The issues discussed at these meeting are confidential.
Guests: none
Public Participation:
Richard Mortinson from 2 Boulder Brook Court #22 stated that Boulder Brook does not have a condo association yet. He discussed the condo association agreement all the owners received and whether or not this agreement should be added to it. Chairman Commendatore stated that is not the Council’s jurisdiction; Mr. Mortinson should contact Tesco Rentals’ attorney. (Atty. Fitzpatrick)
Terry Dominey from 45 Williams Drive asked if last weeks public hearing can be reopened for the intermunicipal agreement. The Council stated that there will be no further public hearings for this issues; and everything is still under negotiations.
Lisa Degoes from 22 Apple Hill Drive asked about the Senior Center Bond for $150,000. She read in the newspaper that the Town was given a grant by the Governor for $135,000 and she was wondering what will happen now to the $150,000 bond. Chairman Commendatore stated that he will contact the Mayor and ask him about this issue.
Approval of Minutes:
Motion made by R. Doyon to approve the minutes of the September 19th, 2006 meeting with corrections. Motion seconded by F. Harkins. P. Geary and R. Kergaravat abstained.
Motion carried
Motion made by D. Mirabelle to approved the minutes of the September 27th, 2006 meeting. Motion seconded by R. Doyon. P. Geary, F. Harkins, and R. Kergaravat abstained.
Motion carried.
Correspondence: Zoning Inspector’s Report-September 2006; Agreement Between the Town of Prospect & Tesco Rentals, LLC and Boulder Brook Condominium Association, Inc. (See attached “Schedule A”) Ordinance for Establishment of a Sewer User Charge System (See attached “Schedule B”); Prospect Police Patrol Report-August & September 2006; Prospect Parks and Recreation Fall & Winter Program Brochure.
Motion made by D. Moschella to place correspondence on file. Motion seconded by R. Doyon. Motion unanimous.
Motion made by D. Merriman to set a Special Meeting on October 10th, 2006 at 7:00 p.m. to discuss the Intermunicipal Sewer Agreement between the Town of Prospect & City of Waterbury. (Possible action) 7:00 p.m. Motion seconded by R. Doyon.
Motion unanimous.
New Business: Transfers – none Refunds – none Resignations – Action - none Appointments – Action - none
Old Business: Sub-committees Reports - none
Motion made by D. Mirabelle to adjourn at 8:31 p.m. Motion seconded by R. Doyon. Motion unanimous.
__________________________________Joseph F. Commendatore, Chairman