Mark IV Still Working, But Under Trumbull WPCA Scrutiny

In a sewer project 95 percent complete and involving numerous pending lawsuits, the Mark IV Construction company is continuing to work.

The Trumbull WPCA recently voted to continue observing the company's work on the last leg of the project, Dogwood Lake, said board member Ennio DeVita.

"We want to be sure," he said. "We are just waiting and seeing." If the panel has concerns, it will meet Aug. 15 to reassess the situation, he added.

Assessments for the bill will be the last step. Estimates have ranged in the thousands of dollars, but the town will pick up 25 percent of it.

North Nichols has not had the problems of the previous project, Jog Hill Road (Contract III). First Selectman Tim Herbst has sued Mark IV for alleged defects outlined in a voluminous report.

The town hired Tighe & Bond to check Contract III work and oversee north Nichols work.

The WPCA has sued Mark IV for alleged collusion between former town officials and Mark IV regarding the bidding process and change orders in Contract III. Mark IV has sued Herbst for defamation regarding Contract III.

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A New Lawsuit

Meanwhile, a new lawsuit claiming a civil rights violation regarding the project has emerged.

Matthew Mihaly of 116 Jerusalem Hill Road, Trumbull, claims he's being forced to execute an agreement with the WPCA to install a grinder pump inside his septic tank in order to connect to the sewer system. His tank would also serve as backup to the system.

He cannot alter the property covering the grinder pump and the cost would be added to his assessment, he claims in his suit.

Being forced to execute the proposed agreement violates his right of equal protection under the 14th Amendment of the U.S. Constitution, portions of the Connecticut Constitution.

It also violates the Fifth Amendment of the U.S. Constitution because it "amounts to a taking of the property without just compensation."

The WPCA ignored alternatives Mihaly presented through an engineer he hired, according to the suit.

The suit seeks a permanent injunction preventing his property being used in the sewer project, damages, attorney's fees and punitive damages. It also names Sewer official Joseph Solemene; WPCA Chairwoman Jeanine Maietta Lynch and member Laura Pulie.