MINUTES
REGU=
LAR
MEETING
MONDAY, MAY 5, 2008, 7:30 P.M.
PRESENT: = &nb= sp; Elaine Adams, Chairman
&=
nbsp; &nbs=
p; &=
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p;
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Demirs
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Richard Fusco
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Carl Mancini
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Scott Marotta
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Raymond Primini, Vice Chairman
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Paul Rinaldi
ABSENT: &nb= sp; = Richard DiFederico
OTHERS PRESENT: Dawn Cabral, Westview Properties
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Chuck Frigon, Town Manager
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Paul Jessell, Town Attorney
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Fred Krug, Attorney
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Frank Nardelli, Assistant Town Manager/Finance Director
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Margaret Plekan, Westview Properties
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Dennis Strozzi, Westview Properties
1.&nb= sp; Call Meeting To Order
Ms. = Adams, Chairman, Called the Regular Meeting to Order at 7:30 p.m.
Ms. = Adams, Chairman, Called a short Recess at 7:30 p.m.
Ms. = Adams, Chairman, Reconvened the Regular Meeting at 7:35 p.m.
2.&nb= sp; Roll Call
Ms. LaForme, Board Clerk, executed the Roll Call.
&= nbsp; Ms. Adams, Chairman, led the Pledge of Allegiance.
Regular Meeting
May 5, 2008
Page 2
4.&nb=
sp; Public
Participation
Dave Minnich,
Mr. Minnich: In early March of this year the Cou= ncil approved and the Fire District approved a settlement agreement for $996,000. That agreement had = two parts to it. One was an amoun= t of $543,000 of that was for the rate that the City of Waterbury charged was not what was passed on to the Fire District and indeed the Water & Sewer De= partment charged us $543,000 more than the actual flow that the metering was what we were in dispute about for a number of years. I brought this to the attention of= the Town Manager and he handled this matter but I wanted to bring it to the Cou= ncil and the community’s attention as well. I thank you, Chuck, for handling t= his.
Mr. Frigon: You told me on the Friday before I = left for vacation (inaudible).
Mr. Minnich: As part of this whole settlement th=
ere
was no new ground paved. We
referenced a 1976 agreement that we have, the Fire District and the Town ha=
s,
with regards to this whole arrangement for billing and payment for sewer fe=
es
and it clearly states as we all recognized at that time again and reminded
ourselves cause a lot of years have transpired since 1976 until now, part o=
f it
was based on, it’s very simple, as any other bill is, a rate times
quantity. The arrangement is =
that
the Watertown Fire District will pay the rate that is paid by, or the bill =
that
is sent by the City of
Ms. Adams: For the quarter?
Mr. Minnich: For the sewer, for several months, =
it was
not a quarter, more than a quarter, it was several months since we did not =
stop
paying. I went down to the Ci=
ty of
Ms. Adams: So you’ve already talked to t= he Town Manager and he is going to . . . .
Mr. Frigon: I will discuss this with Frank Joda= itis and in turn Water & Sewer.
Ms. Adams: Then you’ll get back to Dave = and let him know? Okay. I know we went through a lot to ge= t that all done.
Regular Meeting
May 5, 2008
Page 3
Mr. Minnich: Yes. The bottom line is if the City of Waterbury continues the practice t= hat they have, the Watertown Fire District and the Town of Watertown have no payment at all to make to the City of Waterbury until we receive a bill whi= ch is subsequent, in their practice has been subsequent to the end of the year= and therefore you don’t pay, and we don’t pay, and there is no basi= s to which the Water & Sewer Department can create a rate and use that rate = to multiply by a quantity, so I hope that it gets resolved and I hope, Chuck, = that you handle this, because with the long saga of the whole water flow with the metering systems, with just 11 days previous having come to an agreement, we’re back to the same thing again and we don’t know how to classify it. Publicly I will = be silent about how to classify it but clearly it’s got to stop and we h= ave to live up to the agreements to which we have. I thank you for listening to me and hopefully, Chuck, you’ll resolve this for us.
&= nbsp; Ms. Adams, Chairman, Closed Public Participation at 7:44 p.m.
5.&nb=
sp; Minutes
&= nbsp; A. Regular Meeting Minutes – April 21, 2008
= ; &n= bsp; MOTION: (Mr. = Fusco, sec. Mr. Primini) to Approve the Regular Meeting Minutes dated April 21, 20= 08 as presented.
= ; &n= bsp; Discussion: None<= /p>
&= nbsp; &= nbsp; MOTION PASSED UNANIMOUSLY
&= nbsp; B. = Budget Public Hearing – April 23, 2008
= ; &n= bsp; MOTION: (Mr. = Fusco, sec. Mr. Primini) to Approve the Budget Public Hearing Minutes dated April = 23, 2008 as presented.
= ; &n= bsp; Discussion: None<= /p>
= ; &n= bsp; In Favor: &= nbsp; Ms. Adams, Mr. Demirs, Mr. Fusco, Mr. Mancini, Mr. Marotta, Mr. Primini, Mr. Rinaldi
= ; &n= bsp; Opposed: = None
= ; &n= bsp; Abstained: Mr. Bernier
&= nbsp; &nbs= p; MOTION CARRIED (7-0-1)
Regular Meeting
May 5, 2008
Page 4
&= nbsp; C. Special Meeting – April 23, 2008
= ; &n= bsp; MOTION: (Mr. = Fusco, sec. Mr. Primini) to Approve the Special Meeting Minutes dated April 23, 20= 08 as presented.
= ; &n= bsp; Discussion: None<= /p>
= ; &n= bsp; In Favor: &= nbsp; Ms. Adams, Mr. Demirs, Mr. Fusco, Mr. Mancini, Mr. Marotta, Mr. Primini, Mr. Rinaldi
= ; &n= bsp; Opposed: = None
= ; &n= bsp; Abstained: Mr. Bernier
&= nbsp; &nbs= p; MOTION CARRIED (7-0-1)
6.&nb= sp; Chairman’s Report
A. Correspondence
Ms. Adams: I have a few things here, one was f=
rom
the Town of
“The
Thomaston Greenway Committee in cooperation with the National Park Service =
and
the Council of Governments of the
Does anyone from the Council, I guess they’re opening this up to the public also, would like to go. Let L= isa Cattaneo know and can we have copies made for all Council members?
Regular Meeting
May 5, 2008
Page 5
Ms. Adams: There is a letter here addressed to: Patrick Bowe, Director of Remediation Division, Bureau of Water Protection = and Land Reuse. I did ask Lisa, y= ou may already have this in your package, I did ask Lisa to make copies for everyo= ne, it’s about 12 pages. You don’t have it? If not, = you will. Chuck, can we have copi= es of this sent to all Council members.
7.&nb=
sp; Town
Manager’s Reports
&= nbsp; Mr. Frigon, Town Manager reported the following:
&=
nbsp; Post
Office
I met with the Post Office to get a better understanding of where they stood = in the process of locating property to relocate the Post Office. The meeting was very informative. = In the end the Post Office informed= us that they will be running another advertisement for property, that there was not a very large response, not the response they had anticipated so they wi= ll run another ad for a property and at the end of that process they will have= a public hearing on the properties they are considering.
STEAP
Grant
The Grant is in progress. Lisa Ca= rew has been working very diligently on acquiring the funds available from that Grant. As soon as a Memo of Understanding is signed we will go ahead with that, we have started the des= ign, but with the actual working on the property.
We remain hopeful that we’ll close within the next week or two. It’s just a question of sche= duling at this point.
Any questions?
Ms. Adams: Is there a Greenway Grant?
= ; Mr. Frigon: Yes, there is a G= reenway Grant. The Engineering Depart= ment did receive a $5,000 grant for the development of our greenway along Steele Brook, and that is for the actual design of that project.
Regular Meeting
May 5, 2008
Page 6
8.&nb=
sp; New
Business
&= nbsp; A. Consider a Resolution Authorizing “An Ordinance Appropriating $1,550,000 for P= artial Replacement of and Upgrades to the Town of Watertown Fire Department, Police Department and Department of Public Works Communications Systems, and Relat= ed Work; and authorizing the issue of Bonds or Notes and Temporary Notes in the same amount to finance the Appropriation”
RESOLUTIONS OF TOWN COUNCIL
(adopting bond ordinance)
“AN ORDINANCE APPROPRIATING
$1,550,000 FOR PARTIAL REPLACEMENT OF AND UPGRADES TO THE TOWN OF
“BE IT ORDAINED BY THE TOWN COUNC=
IL OF
THE TOWN OF
“1. That the sum of ONE
MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS ($1,550,000) is hereby appropri=
ated
for costs in connection with partial replacement of and upgrades to the Tow=
n of
Watertown Fire Department, Police Department and Department of Public Works
communications systems, and related work.&=
nbsp;
The project is contemplated to include partial replacement of the
existing communications system, radio system infrastructure improvements,
acquisition of mobile and portable radios and pagers, new control stations
(consolettes), and other work related to the project. The appropriation may be spent for
design, construction, acquisition and installation costs, equipment,
furnishings, materials, engineering and other consultant fees, legal fees, =
net
interest on borrowings and other financing costs, and other expenses relate=
d to
the project and its financing. The
Town Manager, or such persons or persons delegated such powers by the Town
Manager, are authorized to determine the scope and particulars of the proje=
ct
and may reduce or modify the scope of the project, and the entire appropria=
tion
may be spent on the project as so reduced or modified.
“2. That the Town issue bo=
nds
or notes in an amount not to exceed ONE MILLION FIVE HUNDRED FIFTY THOUSAND
DOLLARS ($1,550,000) to finance the appropriation for the project. The bonds or notes shall be issued
pursuant to Section 7-369 of the General Statutes of
Regular Meeting
May 5, 2008
Page 7
3. That the Town is=
sue
and renew temporary notes from time to time in anticipation of the receipt =
of
the proceeds from the sale of the bonds or notes. The amount of the notes outstandin=
g at
any time shall not exceed ONE MILLION FIVE HUNDRED FIFTY THOUSAND DOLLARS
($1,550,000). The notes shall=
be
issued pursuant to Section 7-378 of the General Statutes of
4. That the Town
Manager and the Finance Director of the Town shall sign any bonds or notes =
by
their manual or facsimile signatures.
The law firm of Day Pitney LLP is designated as bond counsel to appr=
ove
the legality of the bonds or notes.
The Town Manager and the Finance Director are authorized to determine
the amounts, dates, interest rates, maturities, redemption provisions, form=
and
other details of the bonds or notes; to designate one or more banks or trust
companies to be certifying bank, registrar, transfer agent and paying agent=
for
the bonds or notes; to provide for the keeping of a record of the bonds or
notes; to designate a financial advisor to the Town in connection with the =
sale
of the bonds or notes; to sell the bonds or notes at public or private sale=
; to
deliver the bonds or notes; and to perform all other acts which are necessa=
ry
or appropriate to issue the bonds or notes.
5. That the Town he=
reby
declares its official intent under Federal Income Tax Regulation Section
1.150-2 that project costs may be paid from temporary advances of available
funds and that the Town reasonably expects to reimburse any such advances f=
rom
the proceeds of borrowings in an aggregate principal amount not in excess of
the amount of borrowing authorized above for the project. The Town Manager and the Finance
Director are authorized to amend such declaration of official intent as they
deem necessary or advisable and to bind the Town pursuant to such
representations and covenants as they deem necessary or advisable in order =
to
maintain the continued exemption from federal income taxation of interest on
the bonds or notes authorized by this resolution, if issued on a tax-exempt
basis, including covenants to pay rebates of investment earnings to the Uni=
ted
States in future years.
6. That the Town
Manager and the Finance Director are authorized to make representations and
enter into written agreements for the benefit of holders of the bonds or no=
tes
to provide secondary market disclosure information, which agreements may
include such terms as they deem advisable or appropriate in order to comply
with applicable laws or rules pertaining to the sale or purchase of such bo=
nds
or notes.
Regular Meeting
May 5, 2008
Page 8
7. That the Town
Manager, the Finance Director, and other proper officers and officials of t=
he
Town are authorized to take all other action which is necessary or desirabl=
e to
construct and complete the project and to issue bonds or notes to finance t=
he
aforesaid appropriation.
8. &nbs=
p; This
ordinance shall be published in full within ten days after passage by the T=
own
Council in a newspaper having circulation within the Town, and shall become
effective on the 21st day after such publication and after approval at
referendum.”
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve a Resolution Adopting “An Ordinan= ce Appropriating $1,550,000 for partial replacement of and upgrades to the Tow= n of Watertown Fire Department, Police Department and Department of Public Works communications systems, and related work; and authorizing the issue of bond= s or notes and temporary notes in the same amount to finance the appropriation”.
&= nbsp; &nbs= p; Discussion: Ms. Adams: We had the public hearing on this = and it was very, very favorable to go forward with this.
The foregoing ordinance was adopted by the following roll-call vote:
IN FAVOR = ; &n= bsp; = ; OPPOSED &= nbsp; &nbs= p; ABSENT/ABSTAIN=
Elaine Adams
David Demirs
Richard Fusco
Carl Mancini
Scott Marotta
Raymond Primini
Paul Rinaldi
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
Regular Meeting
May 5, 2008
Page 9
&=
nbsp; B. =
Consider
a Resolution Setting the Date, Time, and Place for a Referendum to be held =
on
June 17, 2008 to consider the following ordinance: “An Ordinance Appropriating
$1,550,000 for partial replacement of and upgrades to the Town of Watertown
Fire Department, Police Department and Department of Public Works Communica=
tions
Systems, and Related Work; and authorizing the issue of Bonds or Notes and =
Temporary
Notes in the same amount to finance the Appropriation”
R= ESOLUTION
RESOLVED, that the ordinance considered under item above be submitted to = the electors for approval or disapproval at referendum to be held Tuesday, June= 17, 2008, and shall be published in full within ten days in a newspaper having = circulation within the Town. The Assistan= t Town Clerk shall publish notice of the referendum. The ballot heading for the ordinan= ce submitted under said item shall read as follows:
“SHALL THE T= OWN OF WATERTOWN APPROPRIATE $1,550,000 FOR PARTIAL REPLACEMENT OF AND UPGRADES= TO THE TOWN OF WATERTOWN FIRE DEPARTMENT, POLICE DEPARTMENT AND DEPARTMENT OF PUBLIC WORKS COMMUNICATIONS SYSTEMS, AND RELATED WORK; AND AUTHORIZE THE IS= SUE OF BONDS OR NOTES AND TEMPORARY NOTES IN THE SAME AMOUNT TO FINANCE THE APPROPRIATION?”
Electors ap= proving the ordinance shall vote “Yes” and those opposed to the ordinance s= hall vote “No”. Polls = shall be open between the hours of 6:00 a.m. and 8:00 p.m.
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve the resolution setting June 17, 2008 re= ferendum to consider the proposed ordinance Appropriating $1,550,000 for partial replacement of and upgrades to the Town of Watertown Fire Department, Police Department and Department of Public Works communications systems, and relat= ed work; and authorizing the issue of bonds or notes and temporary notes in the same amount to finance the appropriation”.
&= nbsp; &nbs= p; &= nbsp; &nbs= p; The ballot shall read as follows:
&= nbsp; &nbs= p; &= nbsp; &nbs= p; “Shall the Town of Watertown appropriate $1,550,000 for partial replacement of and upgrades to the Town of Watertown Fire Department, Police Department and Department of Public Works communications systems, and related work; and authorizing the issue of bonds or notes and temporary notes in the same amo= unt to finance the appropriation?”
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Electors approving the ordinance shall vote “Yes” and those opposed to t= he ordinance shall vote “No”.&nbs= p; Polls shall be open between the hours of 6:00 a.m. and 8:00 p.m.
Regular Meeting
May 5, 2008
Page 10
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Voting will be at the following polling places:
&=
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p; Voting
District 68-01 –
&=
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p; Voting
District 68-02 –
&=
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p; &=
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p; Voting
District 68-03 and 68-04 –
&=
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p; &=
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p; (The
temporary voting location for the Swift Voting District shall be
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: None<= /p>
<= o:p>
The foregoing ordinance was adopted by the following roll-call vote:
IN FAVOR = ; &n= bsp; = ; OPPOSED &= nbsp; &nbs= p; ABSENT/ABSTAIN=
Elaine Adams
David Demirs
Richard Fusco
Carl Mancini
Scott Marotta
Raymond Primini
Paul Rinaldi
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&= nbsp; C. Consider a Resolution Authorizing the Town Manager to apply for a Small Cities Grant= in the amount of $300,000 for the purposes of Housing Rehab as well as authori= zing setting Non-Discrimination Policies associated with such Grant
C= ERTIFIED RESOLUTION OF THE GOVERNING BODY
&= nbsp; &nbs= p; I Virginia Russo, certify that below is a true and correct copy of a Resoluti= on duly adopted by Town of Watertown at a meeting of its Town Council duly convened on May 5, 2008 and which has not been rescinded or modified in any= way whatsoever and is at present in full force and effect.
&= nbsp; &nbs= p; WHEREAS, pursuant to Chapter 127c and Part VI of Chapter 130 of Connecticut General,= the Connecticut Department of Economic and Community Development is authorized = to extend financial assistance for economic development projects; and
&= nbsp; &nbs= p; WHEREAS, it is desirable and in the public interest that the Town of Watertown make = an application to the State for $300,000.00 in order to undertake the Town-wide Housing Re= hab Program Loan Program and to execute an Assistance Agreement.
Regular Meeting
May 5, 2008
Page 11
&= nbsp; &nbs= p; NOW THEREFORE BE IT RESOLVED BY THE Town Council:
1.&n= bsp; = ; That it is cognizant of the conditions and prerequisites for the State financial assistance imposed by Chapter 127c and Part VI of Chapter 130 of Connecticut General.
2.&n= bsp; = ; That the filing of an application for State financi= al assistance by Town of Watertown in an amount not to exceed $300,000.00 is hereby approved and that Charles Frigon, Town Manager is directed to execute and file such application including a Program Income Reuse Plan, if applica= ble, with the Connecticut Department of Economic and Community Development, to provide such additional information, to execute such other documents as may= be required, to execute an Assistance Agreement with the State of Connecticut = for State financial assistance if such an agreement is offered, to execute nay amendments, decisions, and revisions thereto, and to act as the authorized representative of Town of Watertown.
3.&n= bsp; = ; That it hereby adopts or has adopted as its policy = to support the following nondiscrimination agreements and warranties required under subsection (a)(1) of Connecticut General Statutes sections 4a-60 and 4a-60a, respectively, as amended by Public Act 07-245 and sections 9(a)(1) = and 10(a)(1) of Public Act 07-142 and, and for which purposes the “contractor” is Town of Watertown and “contract” is said Assistance Agreement:
&= nbsp; &nbs= p; &= nbsp; The contractor agrees and warrants that in the performance of the contract such= contractor will not discriminate or permit discrimination against any person or group = of persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation or physical disability, including, but not limited to, blindness, unless it is shown by such contra= ctor that such disability prevents performance of the work involved, in any mann= er prohibited by the laws of the United States or of the State of Connecticut. The contractor further agrees to t= ake affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, mental retardation, or physical disability, including, but n= ot limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved.
&= nbsp; &nbs= p; &= nbsp; The contractor agrees and warrants that in the performance of the contract such contract will not discriminate or permit discrimination against any person = or group of persons on the grounds of sexual orientation, in any manner prohib= ited by the laws of the United States or of the State of Connecticut, and that employees are treated when employed without regard to their sexual orientat= ion.
Regular Meeting
May 5, 2008
Page 12
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<= span style=3D'mso-tab-count:4'> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Elaine H. Adams, Chairman
<=
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&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve the Resolution to authorize the Town Manager to apply to the Connecticut Department of Economic and Community De= velopment for the State of Connecticut for a $300,000 Grant to undertake the Town-Wide Housing Rehab Program Loan Program including associated non-discrimination = agreements and warranties.
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: None<= /p>
<= o:p>
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&= nbsp; D. Consider a Bid Waiver and an Appropriation from the General Fund in the amount of $5,112.86 for emergency repairs to the Highway Garage Fuel System Repairs completed by Bierman Services, Inc.
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve a Bid Waiver and an Appropriation from = the General Fund in the amount of $5,112.86 for emergency repairs to the Highway Garage Fuel System completed by Bierman Services, Inc.
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: Ms. Adams: I think just a note on this, this = is something that has been in the budget for a long time and just somehow never made it, and we have no choice, correct?
<= o:p>
<= span style=3D'mso-tab-count:4'> &= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Frigon: We have no choice. Actually the breakdown occurred on= a Friday afternoon (inaudible).
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
Regular Meeting
May 5, 2008
Page 13
&= nbsp; E. = Consider Authorizing the Execution of a General Release in consideration of $12,800 = for the Wattles Brook Interceptor Condemnation Easement on the Foley/Feraci Property
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I make a motion to authorize the Execution of a General R= elease in consideration of $12,800 for the Wattles Brook Interceptor Condemnation = Easement on the Foley/Feraci Property.
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: None<= /p>
<= o:p>
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&= nbsp; F. = Consider Authorizing the Suspense List as recommended by the Tax Collector
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to authorize the Suspense List as recommended by t= he Tax Collector.
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: Ms. Adams: This is pretty much a standard thi= ng we do every year.
<= o:p>
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&= nbsp; G. Consider a Resolution Authorizing an Appropriation from the General Fund in the amou= nt of $6,744.88 for Tax Refunds
R= ESOLUTION
WHEREAS, Taxpayers have applied for Tax Refunds pursuant to Section 12-129, Refund of Excess Payment; and
WHEREAS, the Tax Collector recommended that the refunds be made in accordance with t= he provisions of Section 12-129; and
WHEREAS, in order to refund taxpayers who have been approved for their refunds, moni= es must be appropriated into the budget line item to expend the funds.
NOW THEREFORE BE IT RESOLVED, that the Town Council appropriates $6,744.88 to l= ine item 010-50341-043-0102 from the General Fund.
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<= span style=3D'mso-tab-count:4'> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Elaine H. Adams, Chairman
<=
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Regular Meeting
May 5, 2008
Page 14
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve an Appropriation from the General Fund = in the amount of $6,744.88 for Tax Refunds.
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: None<= /p>
<= o:p>
&= nbsp; &= nbsp; MOTION PASSED UNANIMOUSLY
&= nbsp; H. Consider a Resolution Authorizing Tax Refunds
R= ESOLUTION
WHEREAS, Taxpayers have made application for the property tax refunds in accordance = with Section 12-129 Refund of Excess Payment; and
WHEREAS, the Tax Collector recommends that the refunds be made in accordance with the provisions of Section 12-129;
NOW THEREFORE BE IT RESOLVED, that the Town Council approves the following tax refunds:
2629 First American Real Est= ate Refund Dept. Amount of Refund:= &= nbsp; $118.38
&=
nbsp;
&=
nbsp;
Reason for Refund: Duplicate Payment
2630 First American Real Est= ate 1 Refund Dept. Amount of Refund: $1,707.41
&=
nbsp;
&=
nbsp;
Reason for Refund: Duplicate Payment
2631 First American Real Est= ate 2 Refund Dept. Amount of Refund: $1,456.35
&=
nbsp;
&=
nbsp;
Reason for Refund: Duplicate Payment
2636 EVOW, LLC. &= nbsp; &nbs= p; &= nbsp; &nbs= p; Amount of Refund: $1,182.58
&=
nbsp;
&=
nbsp;
Reason for Refund: Duplicate Payment
2637 First American Real Est= ate 3 Refund Dept. Amount of Refund: $1,532.47
&=
nbsp;
&=
nbsp;
Reason for Refund: Duplicate Payment
Regular Meeting
May 5, 2008
Page 15
2639
&= nbsp; Velgin Banks Blg 550 3rd Floor &nb= sp; = Type R
&=
nbsp;
&=
nbsp;
Reason for Refund: Per Assessor, Account Prorated
Total for All Refunds &=
nbsp; &nbs=
p; &=
nbsp; &=
nbsp; &nbs=
p; &=
nbsp; $6,744.88
&=
nbsp; &nbs=
p; Dated
at
<=
span
style=3D'mso-tab-count:4'> &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp;
<= span style=3D'mso-tab-count:4'> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Elaine H. Adams, Chairman
<=
span
style=3D'mso-tab-count:4'> &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp;
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve a Resolution authorizing Tax Refunds.
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: None<= /p>
<= o:p>
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&= nbsp; I. &= nbsp; Consider a Resolution Authorizing the Transfer of Funds between Line Items
RESOLUTION
WHEREAS, expenses in the 2007-2008 fiscal year require the Transfer of Funds.
NOW THEREFORE, BE IT RESOLVED, by vote of the Watertown Town Council, that the following actions are taken relative to the Transfer of Funds:
GENERAL FUND – POLICE DEPARTMEN=
T
AMOUNT: $2,500 &= nbsp; &nbs= p; &= nbsp; NO: 1
FROM: &= nbsp; 010-50690-046-0000 – Contingency
TO: &= nbsp; 010-50570-020-= 0000 – Communications Equipment
REASON: To purchase communications equipment.
Dated
at
<=
span
style=3D'mso-tab-count:4'> &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp;
<= span style=3D'mso-tab-count:4'> &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; Elaine H. Adams, Chairman
<=
span
style=3D'mso-tab-count:4'> &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp;
Regular Meeting
May 5, 2008
Page 16
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve the Resolution authorizing the Transfer= of Funds between Line Items.
&= nbsp; &nbs= p; Discussion: = ; None
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&=
nbsp; J. &=
nbsp; Consider
an Appropriation of $2,800 out of the Sidewalk Extension Fund for the
installation of Sidewalks at the southwest corner of the intersection of
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve an Appropriation of $2,800 out of the sidewalk extension fund for the installation of sidewalks at the southwest corner of the intersection of Candee Hill Road and Main Street in Oakville.=
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: Ms. Adams: How about an overview of this first= ? Chuck, or Ray, I think your subcom= mittee discussed it?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Primini: This came up at = Public Works Subcommittee originally and the question came up on Main Street near Candee Hill Road, a new plaza is going in and we originally brought it up w= here we didn’t know how much it was going to cost, but the developer offer= ed to extend the sidewalk and we share some of the costs, and it turns out to be a good deal for the Town. It ex= tends the sidewalk along Main Street that goes along where our Main Street sidewa= lk planning on going back probably 7 years ago now.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: I don’t ha= ve a problem with extending the sidewalk, and they’re using Roy Cavanaugh saying that if we waited for the State to do this that we would be required= to pay 20% of the cost. I unders= tand that also. What I don’t understand is that Mr. Cavanaugh stated that the cost would be about $14.00= per square foot, at 1,000 square feet for $14,000, so 20% of that cost would be= $2,800. The problem comes in that it’= ;s not going to cost $14,000, it’s only going to cost $8,975.00, so why shou= ld we be paying 20% of a phantom cost compared to the actual cost? I agreed to pay 20% of $8,975.00 w= hich is $1,795, about $1,000 less than what they’re asking for. Does anybody see what I’m ta= lking about?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Ms. Adams: Yes.
<= o:p>
<=
span
style=3D'mso-tab-count:3'> &=
nbsp; &nbs=
p; &=
nbsp; =
; Mr.
Mancini: They said $14,00=
0, but
it’s not costing $!4,000, but the 20% came from the $14,000, $2,800.<=
/p>
Regular Meeting
May 5, 2008
Page 17
<= o:p>
<=
span
style=3D'mso-tab-count:3'> &=
nbsp; &nbs=
p; &=
nbsp; =
; Mr.
Primini: I know the going=
rate
at the time, about 7 years ago, was $27.00 a foot, that was our cost to the
Town back then, and the State project, the State would do the sidewalks and=
we
would pick up 20%, but this isn’t the whole part, this is only part of
that section. This is an addi=
tional
section to have sidewalks along that whole (inaudible) going to
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Ms. Adams: So it’s in addition to what the developer is going to put in?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Primini: Right.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: This is in addit= ion to, but what I’m trying to, but in addition to is only costing $8,975. Why are we paying 20%= of $14,000? It’s not a $14= ,000 cost. It’s $8,975.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Fusco: Where did this num= ber come from? $2,000, that’= ;s 20% of $14,000?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: $2,800 is 20% of $14,000.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Ms. Adams: I think I see some= thing here. I need a calculator.
<= o:p>
<=
span
style=3D'mso-tab-count:3'> &=
nbsp; &nbs=
p; &=
nbsp; =
; Mr.
Frigon: I had some discus=
sion
with Mr. Cavanaugh as well, not understanding exactly what Carl is speaking=
of,
and unfortunately I was out of the office all day today, however that being
said, I’m going to suggest that the Motion be amended to read 20% of =
the
cost not to exceed the dollar amount that you choose. Roy Cavanaugh, in his explanation t=
o me,
was not very certain whether or not the $14,000 was half of, because reading
the memo I had the same question, why were we paying 20% of the entire cost,
that’s the way the memo read to me.&=
nbsp;
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: Are you talking = about the additional cost of the extension of the sidewalk that they’re required to put in already, we’re not paying 20% of that?
<= o:p>
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Frigon: That’s corr= ect.
Regular Meeting
May 5, 2008
Page 18
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: We’re only= going to be paying 20% of the actual cost of extending the sidewalk from where th= e developer is required to do.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Frigon: Right.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: I agree with tha= t.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Marotta: The way I read i= t was the quote in the amount of $8,975 for the sidewalk installation, etc., and = the numbers for $14,000 that’s in comparison purposes if the Connecticut D.O.T. were to perform the work, so those numbers are part and parcel, they’re not comparing the same sort of, the D.O.T. is one issue and t= hen the other one is a separate proposal.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Ms. Adams: If the Town will a= ssume some of the cost.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Marotta: Well even, they’re just saying here, for comparison purposes basically to justify the cost and I don’t see even where it says 20% of the quote in the amount of $8,975, so the way I read it was okay you’ve got a quote for $8,975, if the State D.O.T. was to perform the work, etc., it would be about $14,000, which we would pay about 20% of the cost, therefore, they’ve just come up with this I guess arbitrary number, $2,800 and that’s wh= at they feel is the responsibility of the Town to extend the sidewalks there.<= span style=3D'mso-spacerun:yes'> I mean I don’t see a direct correlation between 20% and $8,975. I think the 20% stated was just sor= t of for comparison purposes.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: Yea, but we shou= ld only be paying 20% of the cost.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Frigon: That’s corr= ect.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: And the cost is = $8,975.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Bernier: I would recommen= d that we revise the motion to what Chuck is talking about. 20% of the cost, not to exceed the $2,800. I believe that that is exactly what it is, it’s $8,975, it is comparative, but until we get a clarification, I don’t think we really want to Table this, but if we = do it this way, whatever that cost is, the 20% of whatever the actual cost is, with a cap of $2,800 will allow us to move forward. If it is $8,975, we’ll say $9,000, it would be about $1,800, not to exceed $2,800 if indeed the $14,000 does have merit instead of what it’s reading here, it’s comparative, that would give us the cap. If it is the $8,975 which we belie= ve it is, then making the motion the way we would revise it, will allow us to just pay (inaudible).
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Ms. Adams: So now before we d= o anything with the motion . . . .
Regular Meeting
May 5, 2008
Page 19
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Fusco: Do you want me to rescind this Motion?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Ms. Adams: The way I read thi= s, is if you look in the first paragraph, the developer is willing to help out on= the part that he’s not obligated or, he’s only obligated for his section.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: That’s rig= ht.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Ms. Adams: He’ll be wil= ling to go a little farther but he’d like the Town to help out. What he’s using, as Scott sa= id part two for comparison purposes, we would have had to pay that anyway at w= hat point the State finally does something with that corridor. I think what happened was the $2,8= 00 was put up as our contribution to getting that sidewalk finished so we don̵= 7;t have another just vacant piece of sidewalk in front of this development goi= ng nowhere.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: You’re 100% right, except if it was the $2,800 our percentage of the cost, if the cost = was $14,000. But the cost is only= $8,975, I’m willing to pay 20% of the actual cost.
<= o:p>
<=
span
style=3D'mso-tab-count:3'> &=
nbsp; &nbs=
p; &=
nbsp; =
; Ms.
Adams: But that’s n=
ot
what, I don’t believe, what he’s saying here. What I believe is being said in th=
e memo
is that if the Town were to do it in cooperation with the State, we would h=
ave
to pay 20% and it would be $2,800.
But if you go to the top part, it says Candee Hill Junction, LLC,
currently construction master building, etc. Okay, as part of site plan approva=
l sidewalks
are to be installed at the developer’s cost along about ½ of t=
he
frontage of the building on Main Street.&n=
bsp;
The developer has offered to install sidewalks along the rest of the
property frontage on
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Bernier: I’ve got t= o be honest, at this point we’re all making assumptions. I think we need to Table this unti= l we get clarification.
Regular Meeting
May 5, 2008
Page 20
<= o:p>
&= nbsp; &nbs= p; &= nbsp; &nbs= p; MOTION: (Mr. Bernier, sec. Mr. Mancini) to Table this item until the next meeting.
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Discussion: None<= /p>
&= nbsp; &nbs= p; &= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&= nbsp; &nbs= p; ORIGINAL MOTION WAS NEVER VOTED ON (TABLED)
&= nbsp; K. Consider Wage Increases for Department Heads, Non-Organized and Various Part Time Employees for Fiscal Year 2008/2009
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to approve the department heads non-organized rais= e for fiscal year 2008/2009 effective July 1, 2008 as presented. A motion to accept the 3.5% salary= increase effective July 1, 2008, and effective July 1, 2008 employees medical contri= butions will be the lesser of two percent (2%) of base salary or ten (10%) of the C= entury Preferred Allocation rates as of April 1, 2008.
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: Ms. Adams: (Inaudible) it’s not only department heads, it’s also others who are (inaudible) that we are looking to as Richie had said is attacked, all the different non-union employees. Is there any discu= ssion?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: Is this the exac= t same language about the 2% and the 10% as the other (inaudible) going to expire after 2 or 3 years or whatever?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Frigon: Yes it is, (inaud= ible) why it was added.
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Mancini: Last year we inc= reased it to 10% and some people wanted 12 or 15, I remember that. I’m just saying that in this= type of economic economy, are we setting a practice for 3.5% for the next couple= of years? Are we going to be abl= e to afford 3.5% for everyone else?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Frigon: Right, and the 3.= 5% suggested is what was negotiated with those other bargaining units that hav= e a (inaudible) on their contracts. The purpose of the 10% and 2% language is to mirror those contracts so all of o= ur contracts will be at the same. This year they are all at that 10%, next year they go up 1%, I’m trying to= get that all in line, so everyone has the same language, the same percentage, t= he same co-pay.
<= o:p>
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
Regular Meeting
May 5, 2008
Page 21
9. Public Participa=
tion
None
&= nbsp; Ms. Adams, Chairman, Closed Public Participation at 8:11 p.m.
10. Executive Session
=
; A. Discussion
regarding Sale of Town owned Property located at
=
; B. =
Virginia
Stewart versus Town of
=
; C. Discussion
Regarding
&= nbsp; &nbs= p; MOTION: (Mr. = Rinaldi, sec. Mr. Primini) I move to enter into Executive Session at 8:11 p.m. with = the 8 members of the Town Council, Mr. Frigon, Mr. Nardelli, as well as Atty. Fred Krug and Atty. Paul Jessell (only for Item C) and Dennis Strozzi, Dawn Cabr= al, and Margaret Plekan (only for Item A).
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; A. Discussion
regarding Sale of Town owned Property located at
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; B. =
Virginia
Stewart versus Town of
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; C. Discussion
Regarding
&= nbsp; &nbs= p; Discussion: = ; None
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&=
nbsp; &nbs=
p; Present
During Executive Session:
&= nbsp; &nbs= p; Elaine Adams
&=
nbsp; &nbs=
p;
&= nbsp; &nbs= p; Dave Demirs
&= nbsp; &nbs= p; Richard Fusco
&= nbsp; &nbs= p; Carl Mancini
&= nbsp; &nbs= p; Scott Marotta
&= nbsp; &nbs= p; Ray Primini
&= nbsp; &nbs= p; Paul Rinaldi
&= nbsp; &nbs= p; Dawn Cabral, Westview Properties
&= nbsp; &nbs= p; Charles Frigon
&= nbsp; &nbs= p; Paul Jessell, Attorney
&= nbsp; &nbs= p; Fred Krug, Attorney
&= nbsp; &nbs= p; Frank Nardelli, Assistant Town Manager/Finance Director
&= nbsp; &nbs= p; Margaret Plekan, Westview Properties
&= nbsp; &nbs= p; Dennis Strozzi, Westview Properties
Regular Meeting
May 5, 2008
Page 22
&= nbsp; &nbs= p; Dawn Cabral, Westview Properties (left at 8:40 p.m.)
&= nbsp; &nbs= p; Margaret Plekan, Westview Properties (left at 8:40 p.m.)
&= nbsp; &nbs= p; Dennis Strozzi, Westview Properties (left at 8:40 p.m.)
&= nbsp; &nbs= p; Paul Jessell, Attorney (arrived at 8:45 p.m.; left at 9:05 p.m.)
&= nbsp; &nbs= p; Fred Krug, Attorney (arrived at 8:= 45 p.m.; left at 9:05 p.m.)
&= nbsp; &nbs= p; Ms. Adams, Chairman, Reconvened the Regular Meeting at 9:05 p.m.
&= nbsp; &nbs= p; No Motions Were Made; No Votes Were Taken.
11. New Business (Continued)
=
; A. Consider
Acceptance of a Bid for the Sale of Town Owned Property located at
&= nbsp; &nbs= p; MOTION: (Mr. = Fusco, sec. Mr. Primini) I move to accept the bid from Paul and Kimberly Ayoub in = the amount of $120,000 for the purchase of Town owned property located at 720 E= cho Lake Road, Watertown, CT.
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Discussion: Ms. Adams: I think we just want to say that th= is property is “as is”. Should that be part of the Motion?
<= o:p>
<= span style=3D'mso-tab-count:3'> &= nbsp; &nbs= p; &= nbsp; = ; Mr. Frigon: Or part of the conditions for sale.
<= o:p>
<= span style=3D'mso-tab-count:4'> &= nbsp; &nbs= p; &= nbsp; &nbs= p; Atty. Jessell: Put it in the Motion.
<= o:p>
&= nbsp; &nbs= p; &= nbsp; &nbs= p; MOTION: (Mr. Rinaldi, sec. Mr. Demirs) to amend the Motion that the property will be sold “as is”.
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Discussion: None<= /p>
&= nbsp; &nbs= p; &= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
<= o:p>
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; In Favor: &= nbsp; Ms. Adams, Mr. Bernier, Mr. Demirs, Mr. Fusco, Mr. Marotta, Mr. Primini, Mr. Rinaldi
<= o:p>
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Opposed: = Mr. Mancini
<= o:p>
<= span style=3D'mso-tab-count:2'> &= nbsp; &nbs= p; Abstained: None
<= o:p>
&= nbsp; &nbs= p; MOTION CARRIED (7-1-0)
Regular Meeting
May 5, 2008
Page 23
12. Adjournment
= ; MOTION: (Mr. = Bernier, sec. Mr. Primini) to Adjourn the Regular Meeting at 9:08 p.m.
<=
/span>Discussion: None<=
/p>
<=
/span>MOTION
PASSED UNANIMOUSLY <=
/span>Regular
Meeting Adjourned at 9:08 p.m. Respectfully
submitted, Elaine
H. Adams, Chairman Approved: _______________________________ Lynn M. LaF=
orme,
Clerk