For minutes prior to January 2004, please contact Judy Archer of Public Works
at 203-854-7791 or jarcher@norwalkct.org

May 14, 2007

ATTENDANCE: John Atkin, Chairman
Jim McInerney, Vice Chairman
Richard A. Moccia, Mayor
Doug Hempstead
Fred Wilms
Bill Krummel
Tony Doumlele

STAFF: Hal Alvord, DPW Public Works Director
Lisa Bardon, DPW Operations Manager
Ralph Kolb, Wastewater Systems Manager
Tom Hamilton, Finance Director

OTHERS: Kevin Dahl, CH2M Hill OMI
Robert Sadaro, CH2M Hill OMI
Karen Mignone, Pepe & Hazard

1. CALL TO ORDER

Chairman Atkin called the meeting to order at 5:35 P.M.

2. APPROVE THE MINUTES FROM WPCA MEETING HELD ON APRIL 09, 2007

** MR. KRUMMEL MOVED TO APPROVE THE ITEM
** MOTION CARRIED
** ONE ABSTENSION (TONY DOUMLELE)

3. AUTHORIZE A SPECIAL APPROPRIATION IN THE AMOUNT OF $1,709,074.20 FOR THE WESTPORT AVENUE AREA INFLOW & INFILTRATION (I/I) REDMEDIATION (PROJECT: WPCA 2007-2) FROM THE WPCA AVAILABLE FUND BALANCE TO CAPITAL CONTRUCTION (ACCOUNT NO. 224062-5777)

Mayor Moccia asked what the time frame of the project would be. Mr. Kolb said the contractor would have 180 days after the contract is executed. Mr. Alvord said that was the time frame that was put into the contract but it could be completed earlier. Ms. Bardon said the project contingency percentage is higher because the project might increase and would rather not have to go to BET twice. Mr. Doumlele asked what makes the level of uncertainty higher on this project. Mr. Alvord explained that other utilities might be encountered once digging begins that did not show up on the drawings. Ms. Bardon said those instances would be negotiated on change orders.

**MR. DOUMLELE MOVED TO APPROVE THE ITEM
** MOTION PASSED UNANIOUMSLY

4. AUTHORIZE THE CHAIRMAN OR VICE CHAIRMAN OF THE WATER POLLUTION CONTROL AUTHORITY TO EXECUTE AN AGREEMENT WITH INSITUFORM TECHNOLOGIES, INC. IN THE AMOUNT OF & 1,469,147.00 FOR THE WESPORT AVENUE AREA I/I REMEDIATION (PROJECT: WPCA2007-2).

Account Nos. 09034060 5777 C0213 $120,072.80
09064062 5777 C0361 $15,000
224062 5777 $1,334,074.20

Mr. McInerney asked about the reputation of Insituform Technologies Inc. Mr. Kolb said that they are one off the largest lining companies and are very well known. He also said that they have done work for Norwalk in the past.

** MAYOR MOCCIA MOVED TO APPROVE THE ITEM
** MOTION PASSED UNANIOUMSLY

5. AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ISSUE ORDERS ON CONTRACT TO INSITUFORM TECHNOLOGIES, INC. FOR THE WESTPORT AVENUE AREA I/I REMEDIATION PROJECT (PROJECT:WPCA2007-2) FOR AN AMOUNT NOT TO EXCEED $375,000.

Account No. 224062 5298

** MR. MCINERNEY MOVED TO APPROVE THE ITEM
** MOTION PASSED UNANIOUMSLY

6. DISCUSS PRIVATE PROPERTY OWNER ISSUES RELATED TO THE WESTPORT AVENUE AREA I/I REMEDIATION PROJECT

Ms. Bardon said there are ten to fifteen private property issues identified that relate to this project. She said an alternate bid was requested from the contractor to do the corrective work; those repairs range from $12,000 to $20,000 per private property. She said the alternatives to have the work completed would be to use the City’s Freeholders’ process and have the contractor do the work and the City assess the property owner over a period of time or to inform the property owner to do the work. Mayor Moccia asked if all the properties were located in Norwalk. Ms. Bardon said that they were. Chairman Atkin asked if they were all residential. Ms. Bardon said that they were not. Mayor Moccia recommended going through the Freeholders’ process.

7. AUTHORIZE THE CHAIRMAN OR VICE CHAIRMAN TO RETAIN PEPE & HAZARD, LLP TO PROVIDE LEGAL SERVICES RELATED TO PREPERATION OF ENVIRONMENTAL, CONTRACTUAL AND OTHER MATTERS IN ACCORDANCE WITH ENGAGEMENT LETTER DATED MAY 7, 2007

Ms. Bardon said that 2005 was the last time there was an official engagement letter signed with Pepe & Hazard. She said the rate has increased slightly to $275.00 per hour from $ 235.00. Chairman Atkin said that he thought they had already approved another attorney. Ms. Bardon said they had retained Attorney Scott Ornstein to do construction contracts. Mr. Alvord said they would retain Pepe & Hazard for their expertise in wastewater issues and for their track record with the DEP. Mr. McInerney asked if there would be a retainer fee. Mr. Alvord said no retainer it would be based on an hourly billing rate. Mr. Krummel asked if there was an expiration date. Ms. Bardon said there was not. Mayor Moccia recommended executing the agreement with a two year expiration date. Ms. Mignone explained that as long as there is an engagement letter if effect the $275.00 applies and that at any time a termination letter can be given and the firm would be terminated at that time.

** MAYOR MOCCIA MOVED TO APPROVE THE ITEM WITH A MAY 6, 2009 EXPIRATION DATE
** MOTION PASSED UNANIOUMSLY

8. AUTHORIZE THE WPCA CHAIRMAN OR VICE CHAIRMAN OF THE WATER POLLUTION CONTRAL AUTHORITY TO ISSUE AN EMERGENCY PURCHASE ORDER (#E35909) IN THE AMOUNT OF $35,000 TO OMI, INC. AND EXECUTE AN AGREEMENT WITH THE SAME FOR SERVICES RELATED TO REPAIR AND REPLACEMENT (UPGRADE) OF THE DAMAGED FOX RUN PUMP STATION ELECTRIC POWER LINE AND COMPONENTS. (COPY INCLUDED)

Mayor Moccia asked who was responsible for the damage. Mr. Kolb said that the contractor removing the underground storage tank was responsible. Mayor Moccia asked if a claim had been filed. Mr. Kolb said he is obtaining a cost estimate. Mr. Alvord said a full investigation needs to be performed as to find if the mark out was done incorrectly and whether the contractor is at fault. Mr. Kolb said that CL&P owns the line that runs into the pump station and found the line was not marked. Mayor Moccia asked if funds would be recovered from CL&P. Mr. Hamilton said that he had sent the information to Diane Barry and that there are several responsible parties and wants to ensure that all funds are collected. Mr. Kolb said that a quick fix could have been completed but it was in the WPCA’s best interest to upgrade from 50 amp to 200 amp service. Mr. Hamilton asked for a breakdown of the cost. Ms. Bardon said she would provide him with that. Mr. McInerney asked if all contractors digging in the street are required to contact Call Before You Dig. Ms. Bardon said that they are.

** MR. HEMPSTEAD MOVE TO APPROVE THE ITEM
** MOTION PASSED UNANIOUMSLY

9. FINANCE DIRECTOR REPORT

a. YTD Revenues/Expenditures Report (MUNIS Report included)

Mr. Hamilton reported that the Wilton fee is now on the books at $380,000. He said that the WPCA is doing very well on the investment income due to the significant fund balance that is being carried as well as the fact that the sewer use fee being increased.

Mr. McInerney said that the debt services appear to be higher than anticipated. Mr. Hamilton said he didn’t have an answer for that at this time but would be looking into that.

b. Electric Bills

Mr. Hamilton reported that there may be a shortfall of about $40,000-$50,000 in the electric account. Ms. Bardon said the reason for the increase in the electric bills is due to the increased flows at the WWTP as well as the electric rate increase.

10. PUBLIC WORKS DIRECTOR REPORT

a. April 4th Final Settling Tanks Solids Loss (letters Attached)

Mr. Alvord said that the letter that was sent to OMI along with their response is included in the board package. Chairman Atkin asked if the department has had a verbal response to Mr. Dahl’s letter. Mr. Alvord said not at this time.

b. April 15th-18th Rainfall Event Impact

1. WWTP- Max. Instant. Peak- 85 MGD

Mr. Kolb reported that during the rainfall event that the WWTP had a maximum peak flow of 85 MGD.

2. 10 Pump Station Alarms, 5 Spills (high wet wells and/or spills)

Mr. Kolb reported that during the rainfall event that there were 10 pump station alarms triggered by high wet wells and that five of the pump stations had sewage flowing out of the wet well. Mayor Moccia said that he wants as much documentation as possible associated with the cost of the rainfall event for possible FEMA reimbursement. Ms. Bardon said her staff had already met with FEMA and discussed the wastewater plant. Mr. Alvord clarified that there is only FEMA reimbursement for overtime expenses and for capital costs.

3. 18 Overflows within the Collection System

Mr. Kolb reported that in addition to the five spills at the pump stations there were eighteen other overflows that occurred throughout the City.

4. WWTP Cleaning, Repairs & Odors (letter attached)

Mr. Kolb said that staff met with OMI following the storm event to discuss odors at the plant. He said staff informed OMI of their concerns about odors and requested a faster response. OMI offered to hire outside help to assist with cleaning out the primary clarifiers. Mr. Kolb said this was still ongoing and should be completed within a week.

c. Underground Storage Tank (UST) & Aboveground Storage Tank (AST) Status

Mr. Kolb reported that above ground tanks were installed at two pump stations. He said that four out of the six USTs have been removed. Visual contamination was noted at three out of the four sites. He said samples were taken and sent to the lab and depending on the analysis will determine what the City will need to do. Ms. Mignone said she feels the advantage that Norwalk has is that the DEP did not come in and order the tanks to be removed. She said she is hoping to negotiate with the DEP not to involve any penalties.

d. Low Level Nitrogen Project Status

Mr. Kolb said presentations were held and the selection panel thought that CDM had brought the most to the presentation. He said staff would be working with CDM to develop a scope of work and price and would be presented before the board next month for approval. Ms. Bardon said that they would also be applying for clean water funding. She said that it is not available right now but would be put on the list to be reimbursed and that they should receive a 55% grant back when funds are available. This was verbally told to her by the DEP.

e. Work Backlog- FOG Applications, Plan Reviews, Sewer Use Fee Appeals

Mr. Alvord said that he realizes that complaints are rising which is due to the fact that Ralph has an overload of work due to the new programs, which are mandated by the State. He said that office hours have now been set to see Ralph and that the Jr. Engineer position will be authorized on July 1, 2007.

f. Information Copies:

1) 9 Beauford Road Sewer Connection (letter attached)

Mr. Kolb said that they were told the fee needed to be paid.

2) WPCA Contact List Update (copy Included)

Mr. Alvord said that he wanted to provide an updated roster of members to the Board and that there is a vacancy and has recommended an appointment to the Mayor. Chairman Atkin asked if Fredricka had been officially reappointed. Mr. Alvord said that she had been.

11. CONTRACT OPERATIONS REPORT

a. Public Works Director Report

Mr. Kolb said that Malcolm Pirnie had conducted an annual inspection of the plant and five pump stations and would be scheduling to come down one more time to go over the maintenance program that OMI currently has and to go over the annual draft report. He said that when a final draft is completed it would be brought before the Board.

Mr. Doumlele asked if an electrical inspection had been performed. Mr. Kolb said that it had and would be included in the report.

Mr. Kolb said that Ms. Bardon and he have discussed amendment 3 with Pepe & Hazard and are moving forward.

1) Contract Operations Status

b. OMI Report

1) Monthly Operating Report- March 2007 (copy included)

Mr.. Dahl reported that Final Settling Tanks (FST) #3 had to be taken down for repairs as a result of the wet weather event on March 2nd, 2007. FST #3 showed an inability to remove sludge and high torque (50%) on the rotating assembly which is unreasonably high for an extended period over 3 days in which the condition showed no improvement. FST#3 was taken down on March 5th, 2007 and was not able to be cleaned adequately until March 9th, 2007 due to freezing weather. Rags were found to be blocking the sludge removal ports on the "Tow-bro" sludge removal arm at the bottom of FST#3 allowing sludge to buildup and create the high torque condition. Three permit violations resulted during the week. One each for BOD, TSS and fecal. Four solids loss events occurred from 3/6/07-3/9/07. Eight collections system bypasses occurred in March. OMI added a full time maintenance clerk to increase staff to 15. Nitrogen performance was in Band D.

2) Collection System and Pump Station MRR Accounts (copy included)
No Discussion.

SUSPENSION OF THE RULES

** MAYOR MOCCIA MOVED TO SUSPEND THE RULES
**MOTION PASSED UNANIMOUSLY

** MAYOR MOCCIA MADE A MOTION TO APPOINT CHAIRMAN ATKIN AS THE WPCA’S REPRESENTATIVE TO THE LONG ISLAND SOUND STUDY CITIZEN ADVISORY COMMITTEE
** MOTION PASSED UNANIMOUSLY

12. EXECUTIVE SESSION TO DISCUSS CONTRACT ISSUES RELATED TO THE WASTEWATER SYSTEM SERVICE AGREEMENT WITH OMI, INC

** MR. WILMS MOVED TO ENTER INTO EXECUTIVE SESSION
** MOTION PASSED UNANIMOUSLY

SUSPENSION OF THE RULES

** MAYOR MOCCIA MOVED TO SUSPEND THE RULES
**MOTION PASSED UNANIMOUSLY

**MR. HEMPSTEAD MADE A MOTION MADE TO ASSESS DAMAGES ON OMI, INC. FOR 2 MONTHLY CONTRACT LIMIT EXCEEDANCES IN THE AMOUNT OF $10,000 FOR EACH OCCURRENCE IN ACCORDANCE WITH THE OPERATING AGREEMENT. COLLECTED DAMAGES WOULD BE USED FOR WASTEWATER PLANT MODIFICATIONS.
** MOTION PASSED UNANIMOUSLY

13. ACTION ON ANY ITEM DISCUSSED HEREIN

No Discussion.

14. ADJOURNMENT

The meeting adjourned at 7:21 P.M.

Respectfully submitted,

Dilene Byrd

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