QUESTION 2

Explanatory Text (from Town Clerk)

This would add to the Charter the general manager of the water pollution control utility who is appointed by the Board of Selectmen and reports to the First Selectman. It would also clarify and detail the responsibilities of the Utility and WPCA Board of Commissioners.

Current Language

(i.) There are no WPCF management positions in the current charter. Only the Water Pollution Control Authority.

(ii.) § 10.13. Water Pollution Control Authority.

A. Members and terms. The Water Pollution Control Authority shall consist of seven members, one of whom shall be a member of the Board of Selectmen, and six of whom shall be appointed by the Board of Selectmen. No more than four of the members appointed by the Board of Selectmen shall be registered with the same political party. The members appointed by the Board of Selectmen shall have terms of four years, which shall be staggered so that not more than two terms expire in one year. The Fiscal Officer shall be a member ex officio, without vote.

B. Organization and personnel. For purposes of this Charter, the Water Pollution Control Authority shall be deemed a commission except where any provision of this Charter of general application to commissions conflicts with a provision of the General Statutes concerning water pollution control authorities. The Water Pollution Control Authority may establish rules and adopt bylaws for the transaction of its business. The clerk of the Water Pollution Control Authority shall keep a record of its proceedings and shall be custodian of all books, papers and other documents of the Water Pollution Control Authority. The Water Pollution Control Authority may employ such personnel as may be required for the performance of its duties and may fix their compensation.

C. Powers and duties. The Water Pollution Control Authority shall have the power to:

(1) Plan, lay out, acquire, construct, reconstruct, equip, repair, maintain, supervise and manage and, through the Department of Public Works, operate a sewerage system;

(2) Acquire, by purchase, condemnation or otherwise, any real property or interest in real property which it shall determine to be necessary for use in connection with such sewerage system;

(3) Apportion and assess the whole or any part of the cost of acquiring, constructing or reconstructing any sewerage system or portion thereof upon the lands and buildings in the Town which, in its judgment, shall be especially benefited by the system (whether they abut on such system or not), and upon the owners of such lands and buildings and fix the time when such assessments shall be due and payable and provide that they may be paid in such number of substantially equal annual installments, not exceeding 30, as it shall determine;

(4) Establish and from time to time revise just and equitable charges or rates for connection with and use of the sewerage system;

(5) Order any owner or occupant of any real estate to which the sewerage system is available to connect the drainage and sewerage thereof with the system and to disconnect, fill up and destroy any cesspool, privy vault, drain or other arrangement on such real estate for the reception of such drainage or sewerage; and

(6) Generally to have and possess all of the powers and duties conferred upon water pollution control authorities by the General Statutes

(iii.) NOTE: The proposed changes to Section 10.8.A and 10.8.E are not listed in Question 2. However, the changes are related to the sewerage system and the Department of Public Works' administrative powers and duties related to it. Whether the changes are part of this question (Question 2) or the omnibus question (Question 7) is unclear, but are noted here:

§ 10.8. Department of Public Works.
The Department of Public Works shall have all of the administrative powers and duties vested in the Town by this Charter or by the General Statutes with respect to the following functions of the Town:

A. The construction, reconstruction, care, maintenance, operation, altering, paving, repairing, draining, cleaning, snow clearance, lighting, and inspection of all public streets, highways, bridges, sidewalks, curbs, street signs, guide posts, dams, incinerators, dumps, water supply, sewerage systems, and other public improvements, and of all buildings and equipment owned or used by the Town, except school buildings and equipment, police and fire equipment, and buildings and equipment under the control of the Board of Library Trustees;

E. The maintenance of maps or other records showing highways, building or veranda lines, street profiles, and plans and profiles of storm and sanitary sewers

Proposed Language (new)

(i.) § 1.4 Organization of Town Government
B. (2) Appointed by the Board of Selectpersons:
one (1) General Manager of the Water Pollution Control Authority Utility 

§ 9.1. Appointed Officers.
A. There shall be the following appointed Town officers as necessary:
(25) A General Manager Water Pollution Control Authority Utility 

§ 9.28. General Manager of the Water Pollution Control Utility

A. Appointment. The General Manager of the Water Pollution Control Utility shall be appointed by the Board of Selectpersons. The General Manager of the Water Pollution Control Utility shall have such qualifications established in accordance with the provisions of Section 9.1B of the Charter.

B. Duties. The General Manager of the Water Pollution Control Utility shall be a Town employee and shall have the duties as determined by the First Selectperson with respect to the management and supervision of all Water Pollution Control Utility functions, including, but not limited to, facilitating communication between the Town and the Water Pollution Control Authority Board, coordinating activities between the Water Pollution Control Authority Board and other departments, and supervising and managing all budget and contract approval processes with respect to the Water Pollution Control Authority Board. The General Manager of the Water Pollution Control Utility shall also serve as a liaison and subject matter expert to the Water Pollution Control Authority Board.

C. Supervision. The General Manager of the Water Pollution Control Utility shall report to the First Selectperson.

(ii.)  § 10.12. Water Pollution Control Authority Board of Commissioners (WPCA Board) and WPC Utility.

A. Organization. There shall be a WPC Utility (Utility) and WPCA Board.

(1) WPC Utility. The Utility shall be a department of the Town and shall provide for the day-to-day operation of the sanitary sewerage system (System), inclusive of the water pollution control facility (WPCF) and its collection and conveyance system. In this capacity, the Utility shall manage technical aspects of the System, including, but not limited to, the operation, maintenance, and repair of such infrastructure and permit compliance. The Utility shall be run by a General Manager who shall have all the powers and duties as conferred upon them by this Charter.

(2) WPCA Board. The WPCA Board shall act as the governing board responsible for policy-making and approval of planning and oversight of the System through the Utility. In this capacity, the WPCA Board shall set and ensure compliance with rules and regulations governing the proper use and operation of the System. The WPCA Board will approve an annual operating budget and capital and financial plans for the maintenance and improvement of such System.

B. Members, terms, and staff.

(1) Utility. The Utility shall consist of the WPCF and Sewer Department. The Utility shall be staffed by its General Manager, WPCF Superintendent, Sewer Department Supervisor, and as many other persons as the General Manager and the Town determine to be necessary to operate the Utility. All employees of the Utility shall be Town employees.

(2) WPCA Board. The WPCA Board shall consist of seven voting members as follows: one member of the Board of Selectpersons, the Town Engineer (or qualified staff person assigned by the Town Engineer), and five persons appointed by the Board of Selectpersons. No more than three of the members appointed by the Board of Selectpersons shall be registered with the same political party. The members appointed by the Board of Selectpersons shall have terms of four years, which shall be staggered so that not more than two terms expire in one year. The Fiscal Officer, or qualified staff person assigned by the Fiscal Officer, and the General Manager, shall serve as ex officio members without vote.

C. Powers and duties.

(1) WPC Utility. In accordance with Section 10.12.A(1) of this Charter, the Utility shall have the power to:

(a) Operate and maintain the System through planning, laying out, acquiring, constructing, reconstructing, equipping, repairing, maintaining, supervising, and otherwise managing the System;

(b) Monitor System compliance and implement measures to prevent pollution and protect water resources and public health;

(c) Conduct studies and analyses to improve System efficiency;

(d) Follow Town Human Resources policies and procedures to recruit, hire, train, and supervise staff to manage System operations;

(e) Develop and execute a capital improvement plan, financial plan, and budget to meet the System’s needs;

(f) With approval of the WPCA Board, enter into contracts in accordance with the Town’s Purchasing Policy and Section 6.1(C)(1) of the Charter for services, supplies, or projects to ensure the System’s performance;

(g) Provide customer service by addressing public concerns related to the System's operation and maintenance;

(h) Manage billing and fee collection for services provided by the System;

(i) Provide education about the System to the WPCA Board and community;

(j) Respond to System failures including but not limited to, blockages;

(k) Coordinate with local, state, and federal regulatory authorities to prevent and respond to System failures;

(l) Perform reporting, inspections, permitting, and compliance activities in accordance with the WPCA Board rules and regulations,

(m) Implement and provide technical support to policies, rules, and regulations set forth by the WPCA Board;

(n) Maintain maps or other records showing plans and profiles of sanitary sewers; and

(o) Perform all actions required by the WPCA Board pursuant to Section 10.12.C(2) of this Charter.

(2) [WPCA Board.] In accordance with Section 10.12.A(2) of this Charter, the WPCA Board, executed through the Utility, shall have the power to:

(a) Plan, lay out, acquire, construct, reconstruct, equip, repair, maintain, supervise, manage, and operate the System;

(b) Acquire, by purchase, condemnation or otherwise, any real property or interest in real property which it shall determine to be necessary for use in connection with such System;

(c) Apportion and assess the whole or any part of the cost of acquiring, constructing or reconstructing the System or portion thereof upon the lands and buildings in the Town which, in its judgment, shall be especially benefited by the System (whether they abut on such System or not), and upon the owners of such lands and buildings and fix the time when such assessments shall be due and payable and provide that they may be paid in such number of substantially equal annual installments, not exceeding 30, as it shall determine;

(d) Establish and from time to time revise just and equitable charges or rates for connection with and use of the System;

(e) Order any owner or occupant of any real estate to which the System is available to connect the sanitary sewerage thereof with the System and to disconnect, fill up, and destroy any cesspool, privy vault, drain or other arrangement on such real estate for the reception of such drainage or sewerage;

(f) Order any owner or occupant of any real estate to which stormwater drainage is conveyed to the System to disconnect the conveyance on such real estate to the System;

(g) Review and approve a capital improvement plan, financial plan, and budget to meet the System’s needs;

(h) Review and approve contracts for services, supplies, or projects, subject to the review and approval of the Board of Selectpersons, to ensure the System’s performance;

(i) Review and approve all requests for new and modified connections to the System;

(j) Maintain a record of its proceedings and decisions;

(k) Establish rules and regulations and adopt bylaws for the transaction of its business; and

(l) Generally to have and possess all of the powers and duties conferred upon water pollution control authorities by the General Statutes, except as otherwise modified by this Charter.

(iii.) NOTE: The changes to Section 10.8 (now section 10.7) are not listed as part of Question 2. However they are directly related to the sewerage system, its buildings and equipment. 

§ 10.7. Department of Public Works.

The Department of Public Works shall have all of the administrative powers and duties vested in the Town by this Charter or by the General Statutes with respect to the following functions of the Town:

A. The construction, reconstruction, care, maintenance, operation, altering, paving, repairing, draining, cleaning, snow clearance, lighting, and inspection of all public streets, highways, bridges, sidewalks, curbs, street signs, guide posts, dams, incinerators, dumps, water supply, and other public improvements, and of all buildings and equipment owned or used by the Town, except school buildings and equipment, police and fire equipment, and buildings and equipment under the control of the Board of Library Trustees, and building and equipment under the control of the Water Pollution Control Utility;

E. The maintenance of maps or other records showing highways, building or veranda lines, street profiles, and plans and profiles of storm sewers.

Requested By

This change was Item #11 on the request list from First Selectman Gerber:

11) Section 10.13 (Water Pollution Control Authority): Consider clarifying the roles and responsibilities of the Town Administration and the Authority to better reflect the significant support and oversight- financial, operational, planning, engineering, construction, etc.- provided by the Administration. 

The changes were prepared by the General Manager and the Town Attorney.

F4GG Comments

During the previous administration, there was confusion and differing legal opinions over the role and responsibility of the Town administration and specifically the Department of Public Works vs the WPCA Board of Commissioners in matters related to the operation and oversight of the Water Pollution Control Facility and the sewerage system. These differences were highlighted when issues with the Water Pollution Control Facility digester failed in 2022. 

Michelle Gore, General Manager of the Water Pollution Control Facility, presented these extensive changes to the Commission for the first time at a special meeting on April 24, 2025, one of the last meetings before the Commission submitted its recommendations to the Board of Selectmen. You can listen to the discussion and questions here. No members of the Water Pollution Control Board of Commissioners were present at that meeting.

It should be noted that there are changes proposed to Section 10.8 of the current charter (Department of Public Works) directly related to who has administrative and operational responsibility for the sewerage system. Those changes are not referenced in this question but it's F4GG's opinion that they should have been. It's unclear whether those changes will be made if this question (Question 2) passes but Question 7 does not or vice versa.

While there is broad agreement that clarification was needed on the reporting structure, adding two pages of detailed language on roles and responsibilities at the last minute created several issues:

• It left no time for the public or the WPCA Board of Commissioners to review, comment, or provide feedback on the changes

• It almost ensures that corrections or revisions will be needed more frequently than the Charter is revised (once every ten years)

• It increases the chance that some operations will not be in compliance with the Charter which could lead to legal challenges 

Some of the comments that F4GG has received include:

• What is the need for having both a Water Pollution Control Utility and a Sewer Department? Section 10.12.A(1) states "the Utility shall be a department of the Town" yet Section 10.12.B(1) states the "the Utility shall consist of the WPCF and Sewer Department. Is one a department within another department? Or is the Utility not a department?  How will all of this be reflected in the budget books and approved during the budget process where the WPCA budget is currently separate from the General Fund budget?

• How does the Commission interact with the Town, if at all, other than working with the Manager who reports to the First Selectman but not the Commission?

• There are a lot of words and some of the language seems contradictory

• Roles and responsibilities are still unclear - what role, if any will the Department of Public Works, its director, and its staff have in the construction or maintenance of the sewerage system?

• Who does the long-term planning and how does it get prioritized and approved?

• What happened to the Water Pollution Control Authority as an agency? The new language defines a WPCA Board but no longer defines what the WPCA is.

This language has the new General Manager position reporting solely to the First Selectman (9.28.C). Almost all other Town officers that have associated boards (e.g., Police Chief/Police Commission, Human Services Director/Human Services Commission, Fire Chief/Fire Commission) have the following language for supervision: "The 'x' Director shall report to the First Selectman on matters of administration and operation and to the 'x' Commission on matters of policy."  It is unclear as to why the General Manager does not report to the Board on matters of policy like other town officers.

The proposed changes add the Town Engineer as a voting member of the WPCA Board, reducing the number of appointed volunteer members from six to five. The changes also add the General Manager as an ex officio member to the Board, along with the Fiscal Officer. And one Selectman is already a voting member of the Board per the current Charter. This means that four of the nine persons at a Board meeting table are Town employees, a higher ratio than on any other Board other than the Board of Selectmen. 

These changes also include making the General Manager of the Water Pollution Control Authority Utility a Town officer. 

This much detail belongs in the Town Code, where it can be easily modified and corrected. Only small, general structural changes should have been recommended for the Charter and the rest considered through the ordinance process.

F4GG Recommendation

These changes should be made through the ordinance process. F4GG recommends voting NO on this change and asking your RTM representative to instead sponsor an ordinance that proposes these or similar changes.