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Mark IV Still Working, But Under Trumbull WPCA Scrutiny

The Trumbull Water Pollution Control Authority had voted to terminate the north Nichols sewer contract with Mark IV over failing to perform work on Dogwood Lake. But the company had 10 days to comply and save the contract.

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.

TrumbullSr August 06, 2012 at 10:26 AM
The "TOWN" is picking up 25% of the assessment. That's us folks. Did we vote to do this. How much are we talking about. Does this 25% include the $$$$$$ paid to Teghe & Bond. Aren't they supposed to be scrutinizing the project. This just stinks. Opps! No pun intended.
Steven Castro August 06, 2012 at 02:19 PM
Does Tim have a HS buddy doing Sewers?
Thomas Tesoro August 06, 2012 at 05:45 PM
I think Aaron Leo meant to say that in accordance with past practice, the Town picks up 25% as it has in the past. Also, Tighe and Bond has been paid close to 2 million dollars to oversee this project. These costs will be in the assessments AAron also forgot to mention that residents of Contract 3 (Jog Hill), I believe had thier sewer assessments subsidized even more than the 25% when the WPCA voted to use 2 million dollars in their account (our money) as additional sewer subsidy. I believe this pretty much eroded their bank account. Keep also in mind that Sewer Regionalization is under discussion. I urge all Citizens to get informed on the subject of sewers, after all, it is your pocketbook.
Carol Hudak August 06, 2012 at 09:05 PM
Go Matt Mihaly!! Grinder Pump: $4,000 plus. If ever anything has stunk in the town of Trumbull, it's the Herbst sewer project. It started with a highly interesting forensic audit of the Jog Hill area; 'interesting' because this audit did NOT include an interview with the sewer project designer (Spaath-Bjorklund) or the installer (Mark IV). Yet from this audit, T&B got hired. How much expertise do they have in sewer construction? I'm implying nothing. They have cost the town 2 M - so far. We taxpayers have a right to ask. Now ALL OF US are stuck with paying 25% of this staggering bill. But the FS will say, "I lowered your taxes." I hate to say, 'I told you so, Trumbull' but I did. For a long time, and before the last election, I warned that the 'low taxes' ruse was simply a sleight of hand; that sewer bills would hit hard. Jog Hill, home of the FS's parents and several WPCA commissioners, received a REDUCTION in their assessments. I'm in the JH project, but had stated I did NOT want a reduction given on the backs of other town residents. Our FS started insulting MarkIV though he had never sat down with them. That's not how 'leadership' works. Had he dealt face to face, the town might not be facing a lawsuit by MarkIV, who in my opinion, has a very legitimate right to sue. I hope they will sue the FS personally, and leave the town out of it. The FS can't use town attys. in a personal lawsuit, BTW. Good question, Steven Castro . . . keep digging.
TrumbullSr August 06, 2012 at 11:16 PM
I had sewers installed and the town didn't "contribute" 25%. I'm not complaining that I didn't get a break. Just want to know why I'm getting hosed now.
Carol Hudak August 06, 2012 at 11:46 PM
But Tr. Sr., the FS has said "I lowered your taxes!" --- you're not supposed to notice your sewer bill!!! BTW, you're getting hosed because T&B ain't cheap!! In order to win the Nichols vote, the FS had to promise them sewer relief, which translated means: the rest of us foot part of the bill. . .and . . . Voters were not paying close enough attention in the 2011 election. Democrats - get visible.
Carol Hudak August 07, 2012 at 04:16 PM
Yoo Hoo, GOP, where are you? The most egregious situation in Trumbull and you stay - noticeably - silent. Your refusal to come on here and defend the indefensible speaks more than anything you could ever say. In short, you can't defend your leader's actions, so you ignore this discussion. You want it to go away. That must mean, therefore, that you approve Mr. Herbst's handling of the sewer issues!! But how is it that I know that all of you do NOT approve! Hmmm . . . . Your loyalty, Trumbull T. Council members, should be to your district ( you know, us lowly peons who pay the taxes and vote for you to represent us and vote in our best interests) . . . your first loyalty should NOT be to your leader. Or is it that you are afraid to speak out??? The town has seen what happens to people who dare to disagree . . . Thanks for your non-response. Your silence has spoken volumes. You needn't say anymore. Carol Hudak PS: A year or so ago, T&B did a study of MarkIV's sewer installation work. It came down on M4. So, M4 hired a global engineering firm, respected world-wide. They disputed all of T&B's 'findings.' As a taxpayer who is TOLD 'the town' - - me and you - - must pay 25% of Nichols/T&B work, what is T&B's experience regarding sewer installation, design --- and critique?? This is a fair question. Why don't we join Mr. Mihaly in spirit and refuse to pay this 25%?! Oh . . . . . Dems, where are YOU??????

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