MINUTES

WATERTO= WN TOWN COUNCIL

REGULAR MEETING

JOHN TRUMBULL PRIMARY SCHOOL

MEDIA CENTER

TUESDAY, FEBRUARY 22, 2005, 7:30 P.M.

PRESENT: = &nb= sp; Elaine Adams

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Karl Fisher (arrived at 7:39 p.m.)

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Raymond Hebert, Jr., Vice Chairman

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Robert Kane, Chairman

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Kevin Killeen

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Raymond Primini

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Paul Rinaldi

= ; &n= bsp; = ; &n= bsp; Paul Valenti

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Richard Wick

ABSENT: &nb= sp; = None

OTHERS PRESENT: Mary Barton, Zoning Enforcement Officer

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Larry Black, Fire Chief

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Frank Nardelli, Finance Director/Assistant Town Manager

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Meredith Robson, Town Manager

1.&nb= sp; Call Meeting To Order

Mr. = Kane, Chairman, Called the Meeting to Order at 7:30 p.m.

2.&nb= sp; Roll Call

Ms. LaForme, Board Clerk, executed the Roll Call.

3. Pledge of Allegi= ance

&= nbsp; Mr. Kane, Chairman, led the Pledge of Allegiance.

&= nbsp; Mr. Kane: Before we begin I have a bit of housekeeping to take care of.

&nbs= p; MOTIO= N: (Mr. Hebert, sec. Ms. Adams) to Add Agenda Item 3A, Consider Vote to Fill Vacancy Created by Resignation of Lee Archer.

&nbs= p; Discu= ssion: None<= /p>

&= nbsp; MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

February 22, 2005

Page 2

3A.&n= bsp; Consider Vote to Fill Vacancy Created by Resignation of Lee Archer

&nbs= p; MOTIO= N: (Mr. Hebert, sec. Ms. Adams) to Nominate Kevin Killeen, 430 Northfield Road, Watert= own, CT, to Fill the Unexpired Vacancy of Lee Archer on the Town Council.

Discussion: MOTIO= N: (Mr. Rinaldi, sec. Mr. Valenti) to nominate Vincent Palladino, 433 Woodbury Road, Watertow= n, CT to fill the Unexpired Vacancy of Lee Archer.

&= nbsp; &nbs= p; Discu= ssion: = ; Ms. Adams: I think this is our spot, it's a Republican that has to be put in that position.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Rinaldi: He is a Republican. He was former Chairman of your Town Committee.

&= nbsp; Mr. Kane: We have two nominations on the floor. The first nomination o= n the floor is Kevin Killeen. All t= hose in favor?

&= nbsp; In Favor: &= nbsp; Ms. Adams, Mr. Hebert, Mr. Kane, Mr. Primini, Mr. Wick

&= nbsp; Opposed: = Mr. Rinaldi, Mr. Valenti

&= nbsp; Abstained: None

&= nbsp; MOTION CARRIED (5-2-0)

&= nbsp; Ms. Adams: No need to vote on the second one = then, the filling is done.

= ; Mr. Kane: I do have the Town = Clerk here with us, and if you would Ginny, come up and swear our newest member i= n.

= ; Ms. Stewart: Please raise your right hand. Do you solemnly s= wear that you faithfully discharge according to law your duties as a member of t= he Town Council to the best of your ability, so help you God?

= ; Mr. Killeen: I do.

= ; Mr. Kane: Congratulations Mr. Killeen, welcome aboard.

= ; Mr. Valenti: Just as a point = of information, would Mr. Killeen mind sharing his address with us for the rec= ord, or did we do that?

= ; Mr. Kane: Sure.

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Regular Meeting

February 22, 2005

Page 3

&= nbsp; Mr. Killeen: 430 Northfield Road, Watert= own.

4.&nb= sp; Public Participation

= ; Robert LeBlanc, 78 Highland Avenu= e, Watertown, CT 06795=

= ; Mr. LeBlanc: Could somebody a= nswer me, who is responsible for getting this building finished, or through the lawsuits? I just went down to= the cafeteria and I see where they dug out the threshold, the concrete, then th= ey cut 3 inches off the door and right now there's a 2 inch space on the bottom. There's many doors li= ke that. Is anything being done = or is that guarantee all out, or do I go here or the Board of Education?

Mr. Kane: Well I don't know how much I can c= omment on what is happening right now, but as far as a specific matter, sure, I wo= uld bring that to the attention of the Board of Education. I'm sure they're well aware of it,= but of course the building principal, but Meredith, do you have anything to add= to that?

Ms. Robson: Just that it is in litigation.

= ; Mr. LeBlanc: That's good enough. Secondly is there any= way that we, or you on the Town Council, honor people for doing good deeds for = the community with proclamations or some kind of recognition; there's a gentleman in Town that has donated 22 gallons of blood. He's up to 22 gallons. He's a retired guy. The only time = he didn't donate blood was when he was in Korea.

Mr. Kane: Was that recently in the paper?

= ; Ms. Robson: I think that was someone else.

= ; Mr. LeBlanc: No, they were ho= noring somebody with a 5 gallon pin or something like that, and it just struck me = that this guy gave over 22 gallons and this guy is amazing. I just think if you want the infor= mation I'll give it to Meredith.

Mr. Kane: Yea, please do.

= ; Mr. LeBlanc: He's a non-polit= ical guy, nice old guy. Thirdly I = was wondering is it possible, through the Council, through the Town Manager, th= at when we attend the Police Commission meetings we not be buzzed in cause I t= hink it's de facto identification and I don't think it's right. I went to a meeting last week and = they did it, and I'd like to know if that can be stopped. I just don't want to g= o to Hartford anymore, I'm getting tired of that trip, and I just wondered if I could get information.

= ; Mr. Kane; I think everyone, I= 'm not sure, but I think everyone has to be buzzed in to get into the Police Department.

= ; Mr. LeBlanc: The whole F.O.I. Commission ruled a week ago Wednesday . . . .

Watertown Town Council

Regular Meeting

February 22, 2005

Page 4

Mr. Kane: That you didn't have to take names, correct? That you didn't have= to sign in?

= ; Mr. LeBlanc: If you let me fi= nish, it is not homeland security, it is not a secure building, they suggested, they can't force people to do it, to change the meeting place. Now I came up with this, when I we= nt to the meeting I said this is what they're doing, and if you say they can do i= t, or if Meredith says they can do it, I'll say thank you and I'll go about my business, but I don't think it's right.&nb= sp; I don't think it's anybody's business when I go through that door th= at I have to be buzzed in. If it w= as a secured building I could understand that, but it's not a secured building.<= span style=3D'mso-spacerun:yes'> Thank you.

&= nbsp; Mr. Kane, Chairman, Closed Public Participation at 7:40 p.m.

5.&nb= sp; Minutes=

&= nbsp; A. Public Hearing Minutes – February 7, 2005

= ; &n= bsp; MOTION: (Ms. = Adams, sec. Mr. Primini) to Approve the Public Hearing Minutes dated February 7, 2= 005 as presented.

= ; &n= bsp; Discussion: None<= /p>

= ; &n= bsp; In Favor: &= nbsp; Ms. Adams, Mr. Fisher, Mr. Hebert, Mr. Kane, Mr. Primini, Mr. Rinaldi, Mr. Vale= nti

= ; &n= bsp; Opposed: = None

= ; &n= bsp; Abstained: Mr. Killeen, Mr. Wick

&= nbsp; &nbs= p; MOTION CARRIED (7-0-2)

&= nbsp; B. = Regular Meeting Minutes – February 7, 2005

= ; &n= bsp; MOTION: (Ms. = Adams, sec. Mr. Primini) to Approve the Regular Meeting Minutes dated February 7, = 2005 as presented.

= ; &n= bsp; Discussion: None<= /p>

= ; &n= bsp; In Favor: &= nbsp; Ms. Adams, Mr. Fisher, Mr. Hebert, Mr. Kane, Mr. Primini, Mr. Rinaldi, Mr. Vale= nti

= ; &n= bsp; Opposed: = None

= ; &n= bsp; Abstained: Mr. Killeen, Mr. Wick

&= nbsp; &nbs= p; MOTION CARRIED (7-0-2)

Watertown Town Council

Regular Meeting

February 22, 2005

Page 5

6.&nb= sp; Sub-Committee Reports

A. &nbs= p; Public Works Subcommittee

&nb= sp; Ms. Adams: There's a lot going on. One of the focus' has bee= n this Winter season is to really put together the bond projects the Town had appr= oved last year at referendum, mostly having to do with drainage. We've got some ready that are goin= g to Inlands/Wetlands, would be on the Beach East culvert down there, Clyde Street drainage, among a few of them. Just a note, Turkey Brook is proceeding, all the roads are open, it's not a stra= ight course yet, you do have a little bit of going around big potholes and warni= ng signs, but the roads are open and the project is proceeding very well. In the packet there's a press rele= ase regarding the North Street Intersection improvement, that there'll be a mee= ting on Thursday, March 10, 2005 at the Main Branch of the Library in Watertown,= so hope to have the consultants get together with the North Street residents a= nd take the next step in this plan here. Just a little FYI, the money at the last Town Council meeting we budgeted has been spent. We h= ave enough sand and salt for about 4 more storms and in the next week they're expecting 4 more storms, so it's something that Public Works and the Manager will keep a close eye on. We = don't want to have to not plow or not sand or salt, so hopefully the weatherman i= s wrong, but you can't fool Mother Nature I guess.

B. &nbs= p; Ordinance Subcommittee

= Mr. Wick: We met on January 31, 2005 and agai= n on February 14, 2005 and we finally came to a meeting of the minds on the way = to deal with the one remaining issue in the ordinance pertaining to the Code of Ethics, and that was the creation or not of an Ethics Committee, and I'm ha= ppy to report that we reached a unanimous agreement and we will be presenting t= his more formally, I think probably at the next Council meeting, we'll have the paperwork that the Ordinance Subcommittee is unanimous in recommending revi= sed text on the Code of Ethics Ordinance, which does include eliminating the formality of the Ethics Commission. I don't think Valentine's Day had anything to do with it, but it probably didn't hurt.

7.&nb= sp; Chairman’s Report

&= nbsp; Mr. Kane: #1, I welcome Kevin Killeen to our Council, of course, but I just want to say publicly, one more time, thank y= ou to Lee Archer. Lee was, of co= urse, Chairman of this Council as well as Chairman of the Finance Committee. A job that is taking him out of To= wn is obviously taking up a great deal of his time and the support and needs of h= is family come first, which we can all understand, but I just want to say one = more time to thank Lee for the time and effort he's put in as a member of this C= ouncil, and I'm sure all the members feel the same way.

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February 22, 2005

Page 6

&= nbsp; A. Correspondence

&nb= sp; Mr. Kane: A letter from Randy McHugh, the Town Attorney, via fax to myself regarding minority representat= ion on the Watertown Board of Police Commissioners:

= ; &n= bsp; "Dear Rob:

= ; &n= bsp; You've asked me what the requirements are for minority representation on the Board= of Police Commissioners. After h= aving researched the issue, it is my opinion that minority representation on the Police Commission requires that no more than 4 members of the Police Commis= sion be from any one political party. Section 405c of the Watertown Town Charter indicates that minority representation on all Town boards and commissions shall be specified in acc= ordance with Connecticut General Statutes, Section 9-167a. Pursuant to said Statute, on a 5 m= ember commission, no more than 4 members are to be from the same political party, thus with the current composition of the Watertown Board of Police Commissi= oners and with the expiration of a seat currently held by a Democrat, we could fi= ll that seat with a Republican appointment so that we may have 4 members of the Board of Police Commissioners from the Republican Party. This would leave 1 Democrat commissioner for minority representation purposes. Such a configuration of the Board = of Police Commissioners would be in compliance with the Charter and State Stat= utes concerning minority representation. Should you have any further comments or questions regarding this mat= ter, please feel free to contact me.

= ; &n= bsp; Very truly yours,

= ; &n= bsp; Randall S. McHugh"

8.&nb= sp; Action Items

= ; A. Consider Appointments to Boards and Commissions

= ; &n= bsp; MOTION: (Mr. Hebert, sec. Mr. Primini) to nominate Judy Pilicy, 245 Deer Run, Watertown,= CT, to the Police Commission, Replacing the Expired Term of David LeBlanc, Term= to Expire January 31, 2010.

= ; &n= bsp; Discussion: None<= /p>

= ; &n= bsp; In Favor: &= nbsp; Ms. Adams, Mr. Hebert, Mr. Kane, Mr. Killeen, Mr. Primini

= ; &n= bsp; Opposed: = Mr. Fisher, Mr. Rinaldi, Mr. Valenti

= ; &n= bsp; Abstained: Mr. Wick

&= nbsp; &nbs= p; MOTION CARRIED (5-3-1)

Watertown Town Council

Regular Meeting

February 22, 2005

Page 7

= ; B. = Consider Transfers

R E S O L U T I O N

= ; &n= bsp; WHEREAS, expenses in the 2004-05 fiscal year require the Transfer of Funds;

= ; &n= bsp; NOW THEREFORE BE IT RESOLVED, by vote of the Watertown Town Council, that the following actions are taken relative to the Transfer of Funds:

= ; &n= bsp; FIRE DEPARTMENT=

= ; &n= bsp; AMOUNT: $1,012 &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 1

= ; &n= bsp; FROM: &= nbsp; 010-50332-019-0000 Maintenance Agreement

= ; &n= bsp; TO: &= nbsp; 010-50561-019-= 0678 Copy Machine

= ; &n= bsp; REASON: To Purchase a Copy Machine

= ; &n= bsp; WATER & SEWER

      = ;            &n= bsp;     AMOUNT       $5,20= 0        &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p; NO:     2

      = ;            &n= bsp;     FROM:        &= nbsp;   017-50690-075-0164 Contingencies

      = ;            &n= bsp;     TO:        &= nbsp;         017-50318-075-= 0858 Maintenance of Mains

      = ;            &n= bsp;     REASON:        Repair of Damage at St. Mary Magdalen School

      = ;            &n= bsp;     Dated at Watertown, Connecticut, this 22nd day of February, 2005.

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Robert J. Kane, Chairman

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Watertown Town Cou= ncil

      = ;            &n= bsp;     MOTION:       (Mr. Hebert, sec. Ms. Adams) to Approve the Resolution Authorizing the Transfer = of Funds.

      = ;            &n= bsp;     Discussion:       None<= /p>

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

      = ;      C.        Consider a Bid Waiver for Water Main Emergency Repairs in the Vicinity of St. Mary Magdalen School

R E S O L U T I O N

      = ;            &n= bsp;     WHEREAS, Town Council approval is required for waiving the bid process and awarding a contract to the lowest responsive, responsible bidder.

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Regular Meeting

February 22, 2005

Page 8

      = ;            &n= bsp;     WHEREAS, Town Council authorization is required for any purchase exceeding $4,000 th= at has not been independently bid by the Town's Purchasing Agent.

      = ;            &n= bsp;     WHEREAS, the Water & Sewer Authority in January, 2005 voted to request a bid wai= ver from the Town Council for a repair of a water main break on Buckingham Stre= et at Hillside Avenue in the vicinity of St. Mary Magdalen School.

      = ;            &n= bsp;     WHEREAS, the repairs to the break were required to maintain public health and safety= .

      = ;            &n= bsp;     NOW THEREFORE BE IT RESOLVED, that the Watertown Town Council hereby approves a= bid waiver for repairs completed by D'Agostino Construction at a cost of $5,250= .00.

      = ;            &n= bsp;     Dated at Watertown, Connecticut, this 22nd day of February, 2005.

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Robert J. Kane, Chairman

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Watertown Town Cou= ncil

      = ;            &n= bsp;     MOTION:       (Mr. = Hebert, sec. Mr. Killeen) to Approve the Resolution Authorizing a Bid Waiver for Wa= ter Main Emergency Repairs.

      = ;            &n= bsp;     Discussion:       Mr. Primini: What's it for?

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Kane: What does your Motion say?

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Hebert: Just for emergency water main . . = . . .

      = ;            &n= bsp;            = ;     = ;           Ms. Robson: It's in the resol= ution.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Hebert: In the vicinity of St. Mary Magdal= ene School.

           &nb= sp;            =             &nb= sp;           Ms. Adams: This was an emerge= ncy situation. As one of the peop= le who were affected, I know how much of an emergency it was.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Rinaldi: I still don't understand why can't= this be put out to bid?

           &nb= sp;            =             &nb= sp;           Ms. Adams: This is when the p= ipe burst.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Kane: Yea, we're just paying for it = now.

      = ;            &n= bsp;            = ;     = ;           Ms. Robson: You don't have ti= me to bid something like that, they just had to get someone to fix it.

Watertown Town Council

Regular Meeting

February 22, 2005

Page 9

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Kane: The work has been done, this goes = back awhile.

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Adams: But yea you're right, I mean if th= ere was time, absolutely.

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

      = ;      D.        Consider Setting <= st1:PlaceName w:st=3D"on">Special Town Meeting Date, Time, and Place to Consider an Appropriation for Bond Refinan= cing

      = ;            &n= bsp;     MOTION:       (Mr. Hebert, sec. Mr. Primini) to Set a Special Town Meeting for Mo= nday, March 7, 2005 at 7:15 p.m. to consider an Appropriation of $81,000 from the General Fund for Issuance Costs for the Refunding of Bonds.

      = ;            &n= bsp;     Discussion:       None<= /p>

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

      = ;      E.         = Consider a Bid Waiver for Engine 2 Repairs

R E S O L U T I O N

      = ;            &n= bsp;     WHEREAS, Town Council approval is required for waiving the bid process and awarding a contract to the lowest responsive, responsible bidder.

      = ;            &n= bsp;     WHEREAS, Town Council authorization is required for any purchase exceeding $4,000 th= at has not been independently bid by the Town's Purchasing Agent.

      = ;            &n= bsp;     WHEREAS, due to urgent unforeseen circumstances, necessary repair work is required on Fire Department Engine 2.

      = ;            &n= bsp;     WHEREAS, Gowans Knight a Watertown business, has satisfactorily serviced the Fire Department for a number of years and will provide the certified service wit= hin the timeframe required which will allow the apparatus to become available f= or service quickly.

      = ;            &n= bsp;     NOW THEREFORE BE IT RESOLVED, that the Watertown Town Council hereby approves a= bid waiver for emergency required repairs of Fire Department Engine 2 as stated= above.

      = ;            &n= bsp;     Dated at Watertown, Connecticut, this 22nd day of February, 2005.

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Robert J. Kane, Chairman

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Watertown Town Cou= ncil

Watertown Town Council

Regular Meeting

February 22, 2005

Page 10

      = ;            &n= bsp;     MOTION:       (Mr. = Hebert, sec. Mr. Primini) to Approve the Resolution Authorizing a Bid Waiver for En= gine 2 Emergency Repairs.

      = ;            &n= bsp;     Discussion: = ;      Mr. Kane: Chief, I know you're here, I don't know if you want to add anything? No?

      = ;            &n= bsp;            = ;            &n= bsp;    Chief Black: Unless you have questions.

           &nb= sp;            =             &nb= sp;           Mr. Kane: No, I understand th= is is a necessity, what we have to do here, but if anyone has questions for the Chief, he's here for us.

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

9.     &nb= sp;   Discussion And Possible Action Items

            A.        Discussion and Possible Action on a Resolu= tion Authorizing Explanatory Text Regarding the Ordinance Appropriating $1,150,0= 00 for the Acquisition of Approximately 53 acres of Land Located adjacent to Plungis, Munson, and Linkfield Roads in Watertown for Active and Passive Recreation, Open Space, and Other Municipal Purposes

R E S O L U T= I O N

            =             R= ESOLVED, that the Town Clerk is authorized and directed to prepare and to cause to be printed and distributed in accordance with the provisions of Section 9-369b= of the General Statutes of Connecticut, Revision of 1958, as amended, an explanatory text with respect to the question to be submitted to the electo= rs regarding the ordinance adopted on February 7, 2005; and the Town Clerk is further authorized, in her discretion, to prepare and distribute such addit= ional explanatory materials with respect to such question as are permitted in accordance with said Section 9-369b.

            =             D= ated at Watertown, Connecticut this 22nd day of February, 2005.

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Robert J. Kane, Chairman

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Watertown Town Cou= ncil

      = ;            &n= bsp;     MOTION:       (Mr. Hebert, sec. Ms. Adams) to Approve the Resolution Authorizing Explanatory T= ext regarding the Ordinance Appropriating $1,150,000 for the Acquisition of approximately 53 Acres of Land, located adjacent to Plungis, Munson, and Li= nkfield Roads in Watertown for Active and Passive Recreation, Open Space, and Other Municipal Purposes Complimentary to Active and Passive Recreation.

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February 22, 2005

Page 11

      = ;            &n= bsp;     Discussion:       Mr. Kane: Meredith, maybe you want to ta= lk about the text he just handed out and the edits that were done?

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Robson: Yea, I had sent to both Bond Counse= l and to the Town Attorney's office the draft that I had done and asked them to review it, and Bond Counsel had the majority of the changes which you see on those copies that you have. I apologize for having the edits in there, we were having a little technical difficult this afternoon, but that language would be what Bond Counsel sugg= ests as appropriate, but he has also suggested that we send it to the State Elections Committee and double-check to make sure that they have no concerns about that language, so as long as you're okay with it I'll go ahead and se= nd that out.

      = ;            &n= bsp;            = ;     = ;           Ms. Adams: How long do you th= ink it will be to get a response from them? I mean the referendum is 3 weeks from today.

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Robson: I don't know. I don't sense it would be a great = deal of time, but I'm not sure, but it's probably a prudent thing to do obviousl= y,

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

      = ;      B.         = Discussion and Possible Action on Authoriz= ing the Town Manager to Enter Into and Execute on Behalf of the Town of Waterto= wn a Certain Agreement with Lenard Engineering for a Preliminary Assessment of Watertown Bridges.

      = ;            &n= bsp;     MOTION:       (Mr. Hebert, sec. Mr. Primini) to Authorize the Town Manager to Enter Into and Execute on Behalf of the Town of Watertown a Certain Agreement with Lenard Engineering for a Preliminary Assessment of Watertown Bridges.

      = ;            &n= bsp;     Discussion:       Ms. Adams: I'd just like to remind the Council= and bring Kevin up to speed, this all came out of the <= st1:address w:st=3D"on">Cherry Avenue bridge collapse. When we found out the condition of= that bridge it made us very concerned about the state of the rest of the bridges= in Town. Hopefully it will come = back very positive that we're doing okay with the rest of them, but this is something we felt we really needed to know.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Kane: I agree.

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February 22, 2005

Page 12

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Killeen: Per Lenard's letter, they indicate= d that they would define the general conditions and I was just wondering what the = cost would be to classify the (inaudible) cause they said they wouldn't do that = in their report? The other quest= ion is what constitutes general conditions and where we can go with that once they= 're completed with their study?

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Adams: This was basically done to get a g= eneral overview of the conditions. B= ased on what they come back with then, whether or not the Council would need to appropriate money and get more detailed explanations on the conditions of t= he bridges. We're just looking t= o get something right now. But yea, you're right, they come back and we've got concerns on some of them, we're going to have to take the next step and booco bucks.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Primini: This is just to help us get a plan = of what we want to do over the next several years, so hopefully to prevent an incident like Cherry Avenu= e, it will be cheaper for us in the long run to at least have a plan in place.=

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Kane: I agree.

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

            C.        Discussion and Possible Action on Authoriz= ing the Town Manager to Enter Into and Execute on Behalf of the Town of Watertown a Certa= in Agreement with Fuss & O'Neill, Inc. for Engineering Design Services and Final Corrective Action Plan for the Hamilton Avenue Disposal Facility

      = ;            &n= bsp;     MOTION:       (Mr. Hebert, sec. Mr. Primini) to Authorize the Town Manager to Enter Into and Execute on Behalf of the Town of Watertown a Certain Agreement with Fuss & O'Neill, Inc. for Engineering Design Services and Final Corrective Action Plan of the Hamilton Avenue Disposal Facility.

      = ;            &n= bsp;     Discussion:       Ms. Robson: This is a part of the on-going discussions that we're having with the D.E.P. regarding a consent order rel= ated to that facility, so it really is necessary that we get started on this wor= k as soon as possible.

Watertown Town Council

Regular Meeting

February 22, 2005

Page 13

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Primini: This is, Mr. Cavanaugh and Mr. Berg= er and myself, we interviewed 4 consultants and they were all good people, but all= of them had somebody that dealt with the Watertown landfill at one time or the other but we thought this was the best one that= had the best plan, and they seemed like the best qualified people.

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

      = ;      D.        Discussion and Possible Action on Charging= the Public Buildings Committee with the Heminway Park School Feasibility Study to Complete a Review and Recommendation

      = ;            &n= bsp;     MOTION:       (Mr. Hebert, sec. Mr. Killeen) to Charge the Public Buildings Committee with the Heminway Park School Feasibility Study to Complete a Review and make a Recommendation to the Town Council for Possible Use as Town and School Offi= ce Space.

      = ;            &n= bsp;     Discussion: = ;      Mr. Kane: First if I might, I wanted to thank the Public Buildings Committee. I think we've charged them with a = lot of things, Kevin coming from the Public Buildings Committee I'm sure you'll ag= ree, you actually had a very good committee over there and we have gjven that co= mmittee a lot, so this is yet another thing for them to tackle, but it's something that's necessary that we have to take a look at.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Rinaldi: I think that all projects shou= ld go to the Public Buildings Committee; I've said that in the past. I feel that they have the expertis= e, the knowledge, and the experience to deal with these sort of things, cause I certainly don't know and I don't think a lot of us here do, so I think that= 's where it should be going.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Kane: Well that was my point, exactly. We've been giving them a lot becau= se they do a great job.

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Adams: Have we dug out the old studies on Heminway? There were two done= in the past.

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Robson: We've had conversations with the architect.

      = ;            &n= bsp;            = ;     = ;           Ms. Adams: With the other stu= dies, so it might be a good place for them to start.

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Robson: Yes.

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

February 22, 2005

Page 14

      = ;      E.         = Discussion and Possible Action on Resoluti= on Authorizing the Acceptance of Pineridge Drive and Borowy Road into the Watertown Road System

R E S O L U T I O N

      = ;            &n= bsp;     WHEREAS, the Watertown Planning and Zoning Commission at its meeting held on Februar= y 2, 2005 voted to recommend that the Watertown Town Council accept the following described streets into the Town of Watertown's road system:

      = ;            &n= bsp;     Pineridge Drive - From its intersection with Borowy Road northwesterly a distance of approximately 545 feet (0.103) miles to a permanent cul de sac and from the intersection with Borowy Road southeasterly a distance of approximately 145 feet (0.027) miles to its end, being a 50 foot right of way and being furth= er shown on a map entitled "Plan and Profile Pineridge Drive, Oakwood Acr= es Subdivision, Sunnyside Avenue Oakville, Connecticut" prepared for A &a= mp; B Real Estate Development, LLC, by Land Data Engineers and marked as "As-Builts" and dated latest revision 12/23/04.

      = ;            &n= bsp;     Borowy Road - from its intersection with Sunnyside Avenue northeasterly a distance= of approximately 565 feet (0.107) miles to its intersection with Pineridge Dri= ve, being a 50 foot right of way and being further shown on a map entitled "Plan and Profile Borowy Road, Oakwood Acres Subdivision, Sunnyside Avenue, Oakville, Connecticut" prepared for A & B Real Estate Development, LLC by Land Data Engineers and marked as "AS-Builts"= and dated latest revision 12/23/04.

      = ;            &n= bsp;     NOW THEREFORE BE IT RESOLVED, that the Watertown Town Council accepts the recommendation of the Planning and Zoning Commission that the above describ= ed streets be incorporated into the Town of Watertown road system.

      = ;            &n= bsp;     Dated at Watertown, Connecticut this 22nd day of February, 2005.

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;         &= nbsp;           &nbs= p;            &= nbsp;           &nbs= p;            &= nbsp;

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Robert J. Kane, Chairman

      = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp;            = ;            &n= bsp; Watertown Town Cou= ncil

      = ;            &n= bsp;     MOTION:       (Mr. Hebert, sec. Mr. Primini) to Approve the Resolution Authorizing the Accepta= nce of Pineridge Drive and Borowy Road into the Watertown Road System.

      = ;            &n= bsp;     Discussion: = ;      None

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

February 22, 2005

Page 15

      = ;      = ;           Ms. Adams: Rob, cab you direc= t Meredith to forward this to Public Works so I don’t get charged now for the plowing?

      = ;            &n= bsp;     Mr. Kane: That's a good idea.

      = ;            &n= bsp;     Ms. Robson: They get a copy of them.

           &nb= sp;            Ms. Barton: I'll take (inaudi= ble).

      = ;      F.         = Discussion and Possible Action on Setting = Town Meeting to Appropriate $77,610 from the Open Space Fund Towards the Purchas= e of the Rickevicius Property

      = ;            &n= bsp;     MOTION:       (Mr. Hebert, sec. Ms. Adams) to set a Special Town Meeting for Monday, March 7, 2005, at 7:00 p.m. to consider an appropriation of $77,610 from the Open Sp= ace Fund to Offset the Cost of the Purchase of the Rickevicius Property if the Purchase is Approved at Referendum.

      = ;            &n= bsp;     Discussion: = ;      Mr. Primini: Will this change= the wording on the referendum?

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Robson: No, I don't think so. I mean this you could just use to = make payments.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Primini: Could this be used as (inaudible) f= irst payment of the bonds?

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Nardelli: I just wouldn't bond this amount, I= would just bond this much less so we would save on interest costs.

      = ;            &n= bsp;            = ;     = ;           Mr. Kane: It's a good idea.

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

February 22, 2005

Page 16

      = ;      G.        Discussion and Possible Action on Acceptan= ce of Open Space from the Fox Crossing Subdivision

      = ;            &n= bsp;     MOTION:       (Mr. = Hebert, sec. Mr. Primini) to Authorize the Acceptance of Open Space from the Fox Crossing Subdivision.

      = ;            &n= bsp;     Discussion: = ;      Ms. Barton: This is the 3rd p= hase of the Pond View Subdivision, it's across from Carvel. Pond View was the first phase, the second phase was Hidden Oaks, which is this right in here, and then this is= Fox Crossing, this road is going right through to Middlebury Road. The proposed open space is approxi= mately 13.57 acres. In this area rig= ht in here, and then there's a parcel right here (inaudible) which abuts existing open space. The first open sp= ace, I have another map, this is the full blown version of the subdivision. This is a compilation of all the o= pen space in the area. This is Ro= ute 63, this is Pond View Subdivision, this is where the detention pond is, this open space is in the middle of all the houses, there's an access way, then there's another piece up here, this is Kimberly Lane as we come up, here's another parcel here. These pi= eces right here are from Oak Dr= ive when that was developed in the late 60's, early 70's. This piece right here is contiguou= s, was from Hidden Oak Estates which is about 15 acres, so in total there's about = 38 acres of existing, 18 from Pond View, 15 acres from Hidden Oak, about 6 acr= es from Oak Drive, and 13.5 from Fox crossings. = What it would do, this open spaces right in here, this goes right onto Middlebury Road, there's no houses here, there's open space on either side, a conserva= tion easement and there's an area for a pump station here, and this open space b= acks up to this open space right in here.

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Adams: Is that where the swamp is, Mary?<= /p>

      = ;            &n= bsp;            = ;     = ;           Ms. Barton: Yes. The developer is actually going to= be creating a trail to get up into here and go through this open space up in h= ere, just a passive foot path. If = you're familiar with the former Daveluy property, which was the front portion, the= re were actually already trails there right now and people are walking on them= so (inaudible) get an Eagle Scout that would come in and make it more formed a= nd connected, but this would be a trail system on the right side, either a tra= il by the Town of Watertown or Lovely Development or Graziano, I'm not sure, we haven’t decided (inaudible) just a nice pathway for people to walk. And this subdivision they only had= to give 4.5 acres, 14.15 acres, and they're giving 13.7, of that 6.5 acres are uplands, so they've exceeded the amount they have to give, 10% which they're well above it. And it does co= nnect, and there's a possibility that if this portion to the north gets developed, that you'd have maybe another area of open space (inaudible) open space rig= ht here.

Watertown Town Council

Regular Meeting

February 22, 2005

Page 17

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Rinaldi: There was another development (Tap= e #1, Side A ended - may have missed some) where we felt that we wanted, the Council f= elt we should get a better piece of property so we rejected it and I was advise= d, rather energetically, that we really don't have a say in what parcel we get, this is up to the developer, they're required to give us so much, and that's it, we can't force them to give us another parcel or a different parcel.

      = ;            &n= bsp;            = ;     = ;           Ms. Barton: It's really in the subdivision regulations. Your= job as the legislative body is to accept it.&n= bsp; Just because the Planning and Zoning Commission accepts it on the ma= p, these maps are not final yet, that does not constitute acceptance by the To= wn of Watertown. It has to be accepted by the legis= lative body. (Inaudible) becomes the property of the Town of Watert= own. In this case Pond View was a Plann= ed Community Development so there was more open space and smaller lots sizes, = all the open spaces does connect so in this case it does provide a connection, = it all connects throughout and this portion the developer is going to build a trail, and the other portion there are trails that exist, but I'm hoping to= get someone like an Eagle Scout to finish the trail system and connect them. The Commission did look at it. There is a possibility, this area = up here the developer is going to get an access, there is a relatively flat ar= ea up in here and he'll be giving access by a footpath. When this property gets developed = there may be additional area possibly. This is the former Errichetti piece that they've owned for a long time. I'm not sure, it's been= very difficult to develop. I mean = in the future there might be some possibility of putting in active or passive (inaudible).

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Adams: That's the one that goes out to Bunker Hill?

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Barton: Yes. This is the one that they proposed age assisted living but it didn't work. So there's, it is the Commission did look at it, Park and Rec looked at it, and also this is in t= he flood plane so that was one of the things that Wetlands wanted to protect also. Now we did receive from= the developer an area for the pump station.&nb= sp; Frank Jodaitis wanted this little parcel for a pump station for the Town. His plan is to eventual= ly get water and sewer out to this area.

      = ;            &n= bsp;            = ;            &n= bsp;    Mr. Kane: Where does it come out to Middlebury Road?

Watertown Town Council

Regular Meeting

February 22, 2005

Page 18

      = ;            &n= bsp;            = ;     = ;           Ms. Barton: Right here. This is where the sidewalk is, the= Town owns a piece of open space on the opposite side, and then you have Regency = Hill Subdivision on the back, so it does create a green (inaudible) continuous.<= span style=3D'mso-spacerun:yes'> As much as possible the goal of the Planning and Zoning Commission, the Wetlands Commission, and the Plan of Development to interconnect open space as much as possible. The reason again you have your mon= ey in your Open Space Fund, which is your money, is since 1996 the Commission has been very picky about which pieces they pick. All that money has been collected = since 96, allowed the fee in lieu of, and it's not a lot, but it's better than wh= at you had before. I don't think= that there's been a lot of parcels that (inaudible) but in this case it does connect, it does provide some . . . . it's actually really quite pretty. For a walking path, it's going to = be very nice.

      = ;            &n= bsp;            = ;            &n= bsp;    Ms. Adams: So there you can get from Middlebury Road to Straits Turnpike?

      = ;            &n= bsp;            = ;     = ;           Ms. Barton: There is a sidewa= lk right here and the applicant will be in front of Wetlands next month to continue this sidewalk and connect it and one of the goals of the Planning = and Zoning Commission, and again (inaudible) is to eventually get a sidewalk all along Middlebury Road, Bunker Hill Road, and Straits Turnpike. (Inaudible) sidewalk probably more appropriate but (inaudible) back and forth to the shopping area.

      = ;            &n= bsp;     MOTION PASSED UNANIMOUSLY

10.     &n= bsp; Public Participation

Robert LeBlanc, 78 Highland Avenue, Waterto= wn, CT&nbs= p; 06795

&nb= sp;

Mr. LeBlanc: Has anybody looked into the possibility of acquiring the State land that's in the Watertown Drive-In? The State purchased the land to bu= ild a bus facility and apparently they're not going to use it, so I was just wondering if there was any possibility that we could get that land from the State, connect that with the possible 4 acres that Thomaston wants to give = to us, and make a greenway going up that river, along old Route 8, because the= y're not going to build on that property at the drive-in. I think there's 7 acres there, and Thomaston wants to give us 4 acres, that' they can't get too, and we can't = get to unless we go through this property, it's just a suggestion.

Watertown Town Council

Regular Meeting

February 22, 2005

Page 19

&nb= sp;

Ms. Barton: My understanding is that there's a= bout 20 acres in front of the old drive-in, which the State of Connecticut owns, then there's 17 acre= s to the rear, but there's only 7 acres that is truly usable property. The last time I spoke to someone f= rom the D.O.T., which was probably 2 or 3 months ago, they're still moving forw= ard to build that bus facility, they're going out for design, so unless somethi= ng changes, the only thing that stopped it was the fiscal matter, is my understanding. And when it di= d come through, that was one of the concerns and they did say they would grant the Town an easement for a walkway along that portion of the Naugatuck River. We'd like them to build it, but th= ey haven't committed to that, but they agreed to at least provide an easement. That's the best tha= t I'm aware of, but my understanding is that they do want to go forward cause they don't have another location for it.

&nb= sp;

Mr. Rinaldi: I probably should have asked y= ou for this 3 hours ago, but is it possible to give me a copy of that opinion from Atty. McHugh?

&nb= sp;

Mr. Kane: Sure, do we have a copy machine aro= und?

&nb= sp;

Mr. Rinaldi: Not right now, some time within the= next week or so.

&nb= sp;

Ms. Adams: Why don't you give us all a copy?
&nb= sp;

Mr. Kane: Okay.

&nb= sp;

Al Mickel, 173 DiNunzio Road, Oakville= , CT&nbs= p; 06779

&nb= sp;

Mr. Mickel: Along with the same comments about= the movie theater, there was some talk about getting a sewer line to go down th= at hill also and have the State at least connect up to the Waterbury sewer system; I think that's probably a very good idea for development also. My question tonight is about the ordinances, and has any citations ever been given against the new ordinance= s on the books? Is that something = I can find out?

&nb= sp;

Mr. Wick: I'm not the recipient of the citations so I don't know.

&nb= sp;

Ms. Robson: I'd have to check on that.

&nb= sp;

Mr. Mickel: Thank you.

&nb= sp;

Mr. Kane, Chairman, Closed Public Participation at 8:11 p.m.

Watertown Town Council

Regular Meeting

February 22, 2005

Page 20

11.&n= bsp;      Executive Session

        &= nbsp;   A.        Land Acquisition

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   MOTION:       (Mr. Hebert, sec. Ms. Adams) to enter into Executive Session at 8:12 p.m. with t= he 9 members of the Town Council, the Town Manager and the Assistant Town Manage= r for the purposes of discussion regarding possible land acquisition.

<= o:p>

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Discussion:       None<= /p>
<= o:p>

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   MOTION PASSED UNANIMOUSLY

<= o:p>

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Present During Executive Session

<= o:p>

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Elaine Adams

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Karl Fisher

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Raymond Hebert

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Robert Kane

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Kevin Killeen

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Raymond Primini

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Paul Rinaldi

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Paul Valenti

<= span style=3D'mso-tab-count:2'>        &= nbsp;           &nbs= p;   Richard Wick

<= o:p>

<= span style=3D'mso-tab-count:1'>        &= nbsp;   Mr. Kane, Chairman, Reconvened the Regular Meeting at 8:25 p.m.

<= o:p>

<= span style=3D'mso-tab-count:1'>        &= nbsp;   No Motions Were Made; No Votes Were Taken.

12.&n= bsp;      Adjournment

      = ;      MOTION:       (Ms. = Adams, sec. Mr. Hebert) to Adjourn the Regular Meeting at 8:26 p.m.

            <= /span>Discussion:       None<= /p>

            <= /span>MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

February 22, 2005

Page 21

            <= /span>Regular Meeting Adjourned at 8:26 p.m.

Respectfully submitted,

Robert Kane, Chairman

Watertown Town Cou= ncil

Approved: _______________________________

      Lynn M. LaF= orme, Clerk