PUBLIC HEARING & SPECIAL MEETING
JUNE 26, 2007

ATTENDANCE: William Krummel, Chairman; Kevin Poruban (7:10 p.m.);
Kelly Straniti (7:10 p.m.); Douglas Hempstead (7:10 p.m.)

STAFF: Hal Alvord, Director of Public Works; Lisa Bardon, DPW Operations manager

OTHERS: Lewis Kenyon, Gail Kenyon, Gulam Khan, Jean Church,
Mrs. Amato, Diane Lauricella, Diane Cece

CALL TO ORDER

Chairman Krummel called the meeting to order at 7:03 p.m. and said that he would open the public hearing immediately because of the Common Council meeting scheduled to begin at 8:00 p.m.
PUBLIC HEARING

Public Hearing of Necessity for the repair of private sanitary sewer laterals and the removal of private storm drainage connections to the sanitary sewer collection system as part of the Westport Avenue Inflow and Infiltration Remediation Project (Water Pollution Control Project 2007—2)

Let it be noted that the following comments and remarks by all speakers have been summarized and are not necessarily verbatim.

Chairman Krummel opened the hearing on the repair of the Westport Avenue private sanitary sewer laterals at 7:04 p.m. Chairman Krummel then read out the public notice and stated that this had been published in the newspaper twice. He also stated that the Department of Public Works had sent out letters to the affected property owners.

Chairman Krummel said that Ms. Bardon was present from Public Works and that he had decided to let her speak first to review the project since the presentation might answer some questions that those present might have.

Ms. Bardon said that the City had imposed a moratorium on sewer additions for the approximate seven miles of sewer line that forms the Westport Avenue sewer system service area. The WPCA is the city entity that is authorizing the sewer repair project. A smoke test was done along the seven miles of sewers in 2005 and the non-conforming areas that connected to the sewer lines were identified. The residents were sent a letter from the DPW about this situation. After due consideration, the WPCA elected to follow the freeholder assessment process. Ms. Bardon said that the assessments that the home owners received assume a total collapse of the lateral hook-up. Each resident involved will be assessed up to a particular limit. Any repairs over the threshold assessment, the City will absorb. Ms. Bardon then reviewed the assessment process with the group and stated that A.J. Penna has been selected as the subcontractor to perform the work. Ms. Bardon stated that if it is discovered that a sewer lateral is Orangeburg pipe, the City will recommend that the entire lateral be replaced at that time.

Council Members Poruban, Straniti, and Hempstead joined the meeting at 7:10 p.m.

Mr. Lewis Kenyon addressed the Committee first. He stated that he was representing his mother, Mrs. Lucy Kenyon, who lives on Fullin Road. He stated that apparently the storm water and sewer drains are tied together and that this must have been done during the construction of the house. He stated that the interest rate quoted in the assessment process would be acceptable, but also pointed out that the City is culpable since the house did pass its original inspection and had a certificate of occupancy issued.

Ms. Gail Kenyon then addressed the Committee and stated that she was also representing her mother, Mrs. Lucy Kenyon. She demanded to know who would be responsible for the pumping system that was to be installed and what kind of guarantee the pump would come with. She stated that she wanted to see the proof that the repairs were needed, to see the bills for parts and labor and stated that the City was culpable for the situation. Ms. Kenyon stated that when her mother had received the letter from DPW, her blood pressure had risen significantly. She said that when the house had been built in 1967, there was a certificate of occupancy issued. Ms. Kenyon then stated that she did not trust the City to repair the situation.

Mr. Kenyon stated that functionality has to be included in the contract. Ms. Kenyon added that if the pump did not function as designed, she would sue every person in the room that was a City employee.

Ms. Bardon said that the reason that this was being done was because there was a non-compliant hook up.

Mr. Khan said that he was the home owner at 51 Fullin Road. He asked if there were any federal grants for this type of project. He said that he realized it was a political issue, but also said that the property owners deserved some kind of assistance from agencies like the EPA. He said that he was aware that the project must be done and that the repairs must be made, but property owners need help. This needs to be expressed to the political body.

Ms. Bardon suggested that he come to the WPCA meeting and express his concerns.

Ms. Church, who resides at 28 County Street said that most of her questions had been answered in the presentation. However she wished to know what would happen if the entire yard had to be dug up. Ms. Bardon replied that Ms. Church’s property has some significant differences from the others and suggested that she speak with Ms. Church after the conclusion of the public hearing about the details.

When asked, Mr. Alvord said that the WPCA had the choice of using the freeholder’s process, which was included in the City Charter in 1913, or requiring the City to order the property owners to fix the violations and repair the laterals out of their own pockets. The WPCA elected to use the freeholder’s process. Since the WPCA only has one staff member, they requested that DPW facilitate the process.

Ms. Amato, who resides at 27 Fullin Drive had a question about the retaining wall that is part of the proposed repair work on her property. Ms. Bardon reviewed the details of that particular repair with her and said that it could possibly be the weight of the wall that had caused the problem.

Another resident asked Mr. Alvord about the timeline involved for the project. Mr. Alvord said that the work would be done within 120 days from the execution of the contract.

Ms. Diane Lauricella then addressed the Committee and stated that she resides at 39 Seaview Avenue. She said that she recognizes the necessity to separate and correct the problem. She then asked if the lateral repair work was done by the fall, if CL&P would be able to use the sanitary sewer system to drain off the water from their project. Ms. Bardon said that when the repairs were completed and inspected, the moratorium would be lifted.

Ms. Diane Cece, who resides at 37 Olmstead Place, then addressed the Committee. She questioned the validity of the smoke tests that were done in October 2005 and whether the results were still accurate. Ms. Bardon said that DPW believes that they are accurate.

Ms. Cece then demanded to know whether the various property owners could hire their own private contractors to complete the repairs. Mr. Alvord said that the City must repair the Westport Avenue pumping station and that the WPCA had considered both options and had chosen the Freeholder process. He also said that the City is limiting what the property owners can be charged for the work and arranging for a long term payment plan.

Ms. Cece then said that she was uncomfortable with the timeline presented and asked how long the freeholders would have to do their portion of the project. Mr. Alvord then reviewed the process with her.

Ms. Cece said that she was troubled by the fact that the Public Works Committee was holding the public hearing just before the Council meeting and that the item would be on the agenda for the Council’s vote later in the evening. Ms. Cece said that this was a troubling trend.

There was one additional question about what the property owners would need to do next. Mr. Alvord replied that the City would be in touch with any further instructions.

Chairman Krummel asked if there were any additional comments from the public. He repeated this request two more times. Hearing none, Chairman Krummel closed the Public Hearing of Necessity for the repair of private sanitary sewer laterals and the removal of private storm drainage connections to the sanitary sewer collection system as part of the Westport Avenue Inflow and Infiltration Remediation Project (Water Pollution Control Project 2007—2) at 7:35 p.m.

APPROVALS/AUTHORIZATIONS

1. Schedule a Special Public Works Committee Meeting to be held in the Norwalk Common Council Chambers on Tuesday, July 10, 2007 at 7:00 p.m.

** MR. PORUBAN MOVED AGENDA ITEM 1 - SCHEDULE A SPECIAL PUBLIC WORKS COMMITTEE MEETING TO BE HELD IN THE NORWALK COMMON COUNCIL CHAMBERS ON TUESDAY, JULY 10, 2007 AT 7:00 P.M.

Chairman Krummel said that he would like the Committee to consider changing the date to July 11th at 7;30 p.m. because he felt the Committee needed more time. He also pointed out that there was a schedule conflict with the Democratic Caucus. Mr. Alvord said that the plan was to have the Freeholder’s report on the agenda for the July 10th Council meeting. Chairman Krummel then suggested that the meeting be held on July 9th at 7:30 p.m. The Committee was agreeable to this.

** MR. PORUBAN MOVED TO AMEND AGENDA ITEM 1 FROM - SCHEDULE A SPECIAL PUBLIC WORKS COMMITTEE MEETING TO BE HELD IN THE NORWALK COMMON COUNCIL CHAMBERS ON TUESDAY, JULY 10, 2007 AT 7:00 P.M. TO SCHEDULE A SPECIAL PUBLIC WORKS COMMITTEE MEETING TO BE HELD IN THE PUBLIC WORKS LIBRARY ON MONDAY, JULY 9, 2007 AT 7:00 P.M.

** THE MOTION PASSED UNANIMOUSLY.

2. Accept Necessity for the repair of private sanitary sewer laterals and the removal of private storm drainage connections to the sanitary sewer collection system as part of the Westport Avenue Inflow and Infiltration Remediation Project (Water Pollution Control Project 2007-2).

** MR. PORUBAN MOVED AGENDA ITEM 2 - ACCEPT NECESSITY FOR THE REPAIR OF PRIVATE SANITARY SEWER LATERALS AND THE REMOVAL OF PRIVATE STORM DRAINAGE CONNECTIONS TO THE SANITARY SEWER COLLECTION SYSTEM AS PART OF THE WESTPORT AVENUE INFLOW AND INFILTRATION REMEDIATION PROJECT (WATER POLLUTION CONTROL PROJECT 2007-2).
** THE MOTION PASSED UNANIMOUSLY.

3. Schedule a Public Hearing to hear the Freeholder's Report for the repair of private sanitary sewer laterals and the removal of private storm drainage connections to the sanitary sewer collection system as part of the Westport Avenue Inflow and Infiltration Remediation Project (Water Pollution Control Authority Project No. 2007-2) to be held at the Special Public Works Committee meeting in the Norwalk Common Council Chambers on Tuesday, July 10, 2007 at 7:00 p.m.

** MS. STRANITI MOVED TO AMEND AGENDA ITEM 3 – FROM SCHEDULE A PUBLIC HEARING TO HEAR THE FREEHOLDER'S REPORT FOR THE REPAIR OF PRIVATE SANITARY SEWER LATERALS AND THE REMOVAL OF PRIVATE STORM DRAINAGE CONNECTIONS TO THE SANITARY SEWER COLLECTION SYSTEM AS PART OF THE WESTPORT AVENUE INFLOW AND INFILTRATION REMEDIATION PROJECT (WATER POLLUTION CONTROL AUTHORITY PROJECT NO. 2007-2) TO BE HELD AT THE SPECIAL PUBLIC WORKS COMMITTEE MEETING IN THE NORWALK COMMON COUNCIL CHAMBERS ON TUESDAY, JULY 10, 2007 AT 7:00 P.M. TO . SCHEDULE A PUBLIC HEARING TO HEAR THE FREEHOLDER'S REPORT FOR THE REPAIR OF PRIVATE SANITARY SEWER LATERALS AND THE REMOVAL OF PRIVATE STORM DRAINAGE CONNECTIONS TO THE SANITARY SEWER COLLECTION SYSTEM AS PART OF THE WESTPORT AVENUE INFLOW AND INFILTRATION REMEDIATION PROJECT (WATER POLLUTION CONTROL AUTHORITY PROJECT NO. 2007-2) TO BE HELD AT THE SPECIAL PUBLIC WORKS COMMITTEE MEETING IN THE PUBLIC WORKS LIBRARY ON MONDAY, JULY 9, 2007 AT 7:00 P.M.

Mr. Hempstead asked if it would be possible to pull the original field cards for those residents who built the houses in 1967. Mr. Alvord said that he would check into it.

** THE MOTION PASSED UNANIMOUSLY.

4a. Authorize the Mayor, Richard A. Moccia, to execute an Agreement with Nagy Bros. Construction Co., Inc., for Project No. BR 2007-1, Proposed Bridge Rehabilitation on Perry Avenue over the Silvermine River and Perry Avenue Retaining Wall Installation, State Bridge No. 04130, for a sum not to exceed $311,531.

4b. Authorize the Director of Public Works to issue Orders on Contract to Nagy Bros. Construction Co. Inc., for Project No. BR 2007-1, Proposed Bridge Rehabilitation on Perry Avenue over the Silvermine River and Perry Avenue Retaining Wall Installation, State Bridge no. 04130, for a sum not to exceed $31,160.

Account No. 0907 4021 5777 C0394 ($50,000)
0907 4021 5777 C0392 ($350,000)

** MR. HEMPSTEAD MOVED AGENDA ITEMS 4A & 4B:

4A. AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE AN AGREEMENT WITH NAGY BROS. CONSTRUCTION CO., INC., FOR PROJECT NO. BR 2007-1, PROPOSED BRIDGE REHABILITATION ON PERRY AVENUE OVER THE SILVERMINE RIVER AND PERRY AVENUE RETAINING WALL INSTALLATION, STATE BRIDGE NO. 04130, FOR A SUM NOT TO EXCEED $311,531.

4B. AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE ORDERS ON CONTRACT TO NAGY BROS. CONSTRUCTION CO. INC., FOR PROJECT NO. BR 2007-1, PROPOSED BRIDGE REHABILITATION ON PERRY AVENUE OVER THE SILVERMINE RIVER AND PERRY AVENUE RETAINING WALL INSTALLATION, STATE BRIDGE NO. 04130, FOR A SUM NOT TO EXCEED $31,160.

ACCOUNT NO. 0907 4021 5777 C0394 ($50,000)
0907 4021 5777 C0392 ($350,000).

Chairman Krummel stated for the record that he had received a note from Ms. Leigh Grant saying that the Silvermine residents were very happy with the proposed plan.

** THE MOTION PASSED UNANIMOUSLY.

ADJOURNMENT

** MR. HEMPSTEAD MOVED TO ADJOURN.
** THE MOTION PASSED UNANIMOUSLY.

The meeting adjourned at 7;45 p.m.

Respectfully submitted,

Sharon L. Soltes
Telesco Secretarial Services

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