MINUTES
SPECIAL TOWN MEETING #2
MONDAY, MAY 5, 2008, 7:00 P.M.
PRESENT: &=
nbsp; &nbs=
p; Elaine
Adams, Chairman
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p;
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; David
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; Rich=
ard
DiFederico
OTHERS PRESENT: Chuck Frigon, Town Manager
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Paul Jessell, Town Attorney
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Frank Jodaitis, Water & Sewer Superintendent
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Frank Nardelli, Assistant Town Manager/Finance Director
1.&nb=
sp; Convene
Ms.
Adams, Chairman, Called the
MOTION: &nbs= p; (Mr. Primini, sec. Mr. Bernier) to nominate Elaine Adams for Moderator of the Special Town Meeting.
Discussion: =
Ms. Adams: Are there any other nominations? MOTION
PASSED UNANIMOUSLY MOTION: &nbs=
p; (Mr.
Primini, sec. Mr. Bernier) to nominate Lynn LaForme for Secretary of the
Special Town Meeting. Discussion: =
Ms. Adams: Are there any other nominations? MOTION
PASSED UNANIMOUSLY Spec=
ial Town
Meeting #2 May =
5, 2008 Page=
2 Ms. Adams, Moderator, read aloud the Call of the
Meeting as follows: WARNING AND NOTICE SPECIAL TOWN MEETING May 5, 2008 The legal voters =
of the
Town of Watertown and those entitled to vote in Town Meetings are hereby WA=
RNED
AND NOTIFIED of a Special Town Meeting to be held on Monday, May 5, 2008 at=
7:00
p.m. at the Watertown High School Technology Room, 324 French Street, Water=
town,
CT to consider an appropriation in the amount of $1,553,110 from the Water
Operations Fund Balance to be transferred to the Water Capital Fund for Tank
Rehabilitation of the Inside and Outside of both the Straits Turnpike and
Scovill Water Storage Tanks. Dated
in &=
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p; &=
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p; &=
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nbsp; &=
nbsp; &nbs=
p; &=
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p; &=
nbsp; &nbs=
p; Frank
J. Nardelli, Jr. &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Assistant
Town Manager/Finance Director RETURN OF WARNING AND NOTICE SPECIAL TOWN MEETING May 5, 2008 I
hereby certify that on April 24, 2008, I left a duplicate copy of the attac=
hed
WARNING AND NOTICE of a Special Town Meeting of the Town of Watertown,
Connecticut, to be held on May 5, 2008 with Virginia Russo, Assistant Town
Clerk. I
further certify that on April 24, 2008 I caused a copy of said Warning and
Notice to be published in the TOWN TIMES Newspaper, which has a substantial
circulation in said Town. I
further certify that on April 24, 2008, I caused to be set upon the signpost
nearest the office of the Town Clerk and all other places with signposts
designated by the Town, a written copy of said Warning and Notice signed by=
me
as Assistant Town Manager/Finance Director. I
further certify that all the above acts were done at least five (5) days be=
fore
the holding of the Special Town Meeting on May 5, 2008. &=
nbsp; &nbs=
p; &=
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p; &=
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p; &=
nbsp; &nbs=
p; &=
nbsp; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Frank
J. Nardelli, Jr., Assistant Town Manager/Finance Director Spec=
ial Town
Meeting May =
5, 2008 Page=
3 TOWN CLERK’S CERTIFICATION AS TO WARNING AND RETURN OF WARNING I
hereby certify that the attached WARNING AND NOTICE of the foregoing RETURN=
OF
WARNING are duly recorded in the records of the Town of Watertown, Connecti=
cut
and that Frank J. Nardelli, Jr. was the Assistant Town Manager/Finance Dire=
ctor
of the Town of Watertown on the date the WARNING and RETURN OF WARNING were
signed. Dated
at &=
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nbsp; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Virginia
Russo, Assistant Town Clerk Ms. Adams: At this time I’d like to=
have
Frank Jodaitis come up and explain just what this is all about. Paul Rinaldi is here also, who is =
the
Chairman of the Water & Sewer Authority, as well as other Authority mem=
bers
who can put their input in at this time. Mr. Jodaitis: Basically these storage tanks =
have
not been maintained for 40 years and require internal work. Back in the year 2000 we were told=
by
the State Health Department that we should clean the tanks and paint them.<=
span
style=3D'mso-spacerun:yes'> We had issues with fire protection=
so we
installed two water mains to get ourselves in a position where we could have
backup fire protection when the tanks were off line. Starting in the year 2005 we were =
in
violation of disinfection by products standards for trihalomethanes, and
haloacetic acids. We had to n=
otify
the public and a lot of people were upset because those two compounds,
according to the State and Federal government, implicate that the water
(inaudible) over a long period of time creates cancer problems for people.<=
span
style=3D'mso-spacerun:yes'> We went about cleaning the tanks.<=
span
style=3D'mso-spacerun:yes'> These numbers will increase the nu=
mber
of sampling sites and last year we were skirting on violation of these agai=
n,
but didn’t violate. Pai=
nting
the insides of the tank and putting in the mixing systems which is part of =
this
will reduce the water age which is the main reason why these kind of compou=
nds
are created so it’s more than a beautification of the storage tanks.<=
span
style=3D'mso-spacerun:yes'> It involves a public health issue.=
Also,
these storage tanks particularly Scovill should be repainted this year beca=
use
the power plant, it’s my understanding, will probably start construct=
ion
on the power plant some time next Spring, or even maybe this Fall, and once
that power plant goes on line the ability for us to supply water up in that=
zone
becomes much more difficult because they’re not going to flow right as
they say, it’s not going to be used every day, but their peak flow ra=
tes
of 500,000 gallons per day so there is a timeframe with this project. We also got a lot of work coordina=
ting
with the cell phone companies and they are ready to go once they
(inaudible). They’ve al=
ways
been wondering whether this was going to run or not. I imagine if we fail on doing it t=
his
year, we’ll lose our contractor, we’ll also lose any enthusiasm
from the cell phone companies, so that’s the way I see it. In my mind it’s a public hea=
lth
issue, it’s also a health and safety issue on the fire protection sid=
e,
and you have issues where with the new power plant (inaudible) which I̵=
7;ve
been told will generate about $1,000,000 in taxes per year for the General
Fund. Any questions? Spec=
ial Town
Meeting May =
5, 2008 Page=
4 Mr. Rinaldi: The Authority felt from the beginn=
ing,
and so did I, that these tanks, both of them, were built with general benef=
its,
the money came out of the General Fund, and we were of the opinion that they
belonged to the Town of Watertown. <=
/span>Now
that these thanks need work, it seems that a debate grew as to who owned the
tanks. I know all the tax mon=
ey
generated up on that hill goes into the General Fund for the general benefi=
t of
the Town. All of the rent fro=
m the
cell phone towers goes to the Town, so after a long period of discussion we
felt that we would split the cost 50/50 with the Town, simply because the i=
nside
of the tank is our responsibility, the quality of that water is our
responsibility so we’ll take care of the inside. The outside we felt is the Town=
217;s responsibility. There was also some concern about
financing so the Authority said that they would loan the Town the money to =
be
paid back within a 10 year period of time.=
That brings us up to where we are now. MOTION: &nbs=
p; (Mr.
Primini, sec. Mr. Marotta) to approve an appropriation in the amount of
$1,553,110 from the Water Operations Fund Balance to be transferred to the
Water Capital Fund for Tank Rehabilitation of the Inside and Outside of both
the Straits Turnpike and Scovill Water Storage Tanks. Discussion: =
Thomas Parisot, Attorney Represent=
ing
the Watertown Fire District. =
; &n=
bsp; Atty. Parisot: My office is at =
; =
; Mr.
Rinaldi: Half of it will.=
=
; &n=
bsp; Atty. Parisot: That’s not in the resolution=
, is
it? =
; &n=
bsp; Ms. Adams: At this point it’s a transfe=
r out,
or appropriation out of the Water Operations Fund Balance. =
; &n=
bsp; Atty. Parisot: Has some other approval taken place
where the Town has consented to expend general fund dollars for this fund?<=
/p>
&=
nbsp; &nbs=
p; Ms.
Adams: Yes. &=
nbsp; &nbs=
p; Atty.
Parisot: When was that? =
; =
; Ms.
Adams: 2 weeks ago, at th=
e last
Town Council meeting. Spec=
ial Town
Meeting May =
5, 2008 Page=
5 &=
nbsp; &nbs=
p; Atty.
Parisot: The Fire District
strongly believes that that would be an illegal expenditure of general fund
balance as there is no general benefit here and State Law is fairly clear t=
hat
ordinary repair and maintenance, as Mr. Jodaitis described this project to =
be,
has to be paid with user rate fees, not with the general fund balance. =
; &n=
bsp; Ms. Adams: And last when you spoke at a p=
ublic
hearing, so the Town Council in turn took all comments and we had an opinion
drawn up by an attorney who is familiar with municipal issues and who has n=
ever
represented the Town of Watertown, Fire District, or the Water & Sewer
Authority and he disagrees with you, so that’s what we move forward o=
n. =
; &n=
bsp; Atty. Parisot: If you look at the opinion, if you=
take
the time to read it, you’ll see that there is clearly a problem with
it. Atty. Uskevich relies on
Charter Section 4.6 which talks to extraordinary capital improvements. We’re not talking about any
capital improvements, we’re not talking about any extraordinary capit=
al
improvements. Mr. Jodaitis ju=
st
described as he called it a maintenance project, a repair project, not any
capital improvement. He said =
it was
needed for public health reasons.
Well the people whose house would be a concern would be the users of=
the
water that the system supplies.
Clearly it’s a maintenance item that 7239 of the General States
says has to be paid for from user fees. You can take Atty. Uskevich’s
opinion and use the section that clearly has no applicability to the issue =
and
go forward on that, but you’ll just have a big legal problem if you do that=
. =
; &n=
bsp; Joseph Masi, =
; =
; Mr.
Masi: I live in the area =
of the
Sewer & Water jurisdiction, served 2 terms on the Sewer & Water
Authority and was involved in Charter Revision regarding the Sewer & Wa=
ter Authority
and I can tell you that we had rulings in the past, Judd Satin ruled a decl=
aratory
judgment that the Watertown Fire District can have its own utilities by cho=
ice,
but that does not exclude them from their general responsibilities of being
members of the community and taking care of municipal expense. This, in my opinion, is more than a
repair. This is absolutely
essential to this community as a whole.&nb=
sp;
It’s also essential to anybody that’s looking to come in=
to
this community from a standpoint of moving in as a resident or servicing the
commercial areas and the industrial areas that pay taxes in large amounts a=
nd
basically subsidize people who live in residence. Without those pinks, without those
lines, they were paid for by general benefit. We would not have what we have tod=
ay,
and the Town as a whole benefits because there is going to be future expans=
ion. Spec=
ial Town
Meeting May =
5, 2008 Page=
6 =
; &n=
bsp; There
might possibly be a failure of the water system, the Watertown Fire District
with the fact that Bethlehem doesn’t have any zoning and in essence
can’t control what’s on the back side of the Bethlehem Fair Gro=
unds
in terms of contamination, and if the reservoir is contaminated there goes =
the
system and they’re going to look into our system for water. State Statute also provides a comm=
unity
has to pick up the water situation if there is a failure of another district
within the town, so there’s a whole bunch of things that have been re=
viewed
and dissected and trisected over the years regarding this issue and it all
points to the fact that the people as a whole in Watertown have a responsib=
ility
to maintain the sewer and water system.&nb=
sp;
I don’t agree with the way the funding was done, I don’t
agree with how all that shook out, but I’m not quibbling about it. =
; &n=
bsp; David Minnich, &=
nbsp; &nbs=
p; Mr.
Minnich: I’m the Ch=
airman
of the Watertown Fire District. The
District does not oppose the maintenance of these water tanks. I think in fact all could agree tha=
t 40 years
is a long time to not have been painted.&n=
bsp;
The quality of water throughout all of the town, whether it be wells,
whether it be either the District or the Town’s water supply is essen=
tial
to our lifestyle here in our community. =
; &n=
bsp; Our
issue has always been from the beginning the financing and I take you back =
to a
conversation that we had several weeks ago when we first brought this about
under which members of the Council were part of that conversation and it de=
als
with what is an obligation of the whole Town and what is an obligation of t=
he
residents that live within the Watertown Water & Sewer Authority distri=
ct
area that is currently serviced by the water. It is our contention that fire
protection is a benefit to the whole town.=
The Fire Department, Spec=
ial Town
Meeting May =
5, 2008 Page=
7 =
; &n=
bsp; The
conversation that this Town Council had several weeks ago which I wish to b=
ring
up again is the equitability of the payments of the fire protection portion=
. It was our contention then, a few =
weeks ago,
and it is my contention now, cause I have done some further review, that the
amount of dollars that are in the general fund budget in all the previous y=
ears
including the year that we’re about to vote on in a few weeks in the
general fund budget is money for fire hydrants. If you cost out what that is for,
obviously it’s for the fire hydrants, it’s obviously for the
portion of the tanks which need supply that water, it’s obviously for=
some
of the lines. When you do the
dollar amount and the dollars that are in there, it is not justifiable for =
the
amount of dollars that are in there.
I challenge this Town Council to, as you suggested before, to find o=
ut
what the amount of dollars that you have in the fire hydrants rental, the
detail of what they’re for. It
is our contention that the dollars that are currently in the general fund
budget pay for all of the fire protection that is attributed to, or associa=
ted
with the Water & Sewer Authority’s (inaudible). We intend, as a Fire District, to =
pursue
this to whatever avenue we need to in terms of fairness and equitability. =
; &n=
bsp; We
have no quarrel that the tanks belong to the Town of =
; &n=
bsp; Ms. Adams: That you can ask at public partici=
pation,
I did answer just as a courtesy and we can get you a copy of what was passe=
d on
the Council level 2 weeks ago. Spec=
ial Town
Meeting May =
5, 2008 Page=
8 &=
nbsp; &nbs=
p; Mr.
Minnich: The Fire Distric=
t is
not opposed to the motion that is before us tonight as a Town, which is to
transfer the monies within the Town from the capital to wherever it’s
going to, the operational of the water fund to the capital fund (inaudible)=
. =
; &n=
bsp; Ms. Adams: From the Water Capital Fund to be
transferred . . . . from the Water Operations Fund Balance to be transferre=
d to
the Water Capital Fund. =
; =
; Mr.
Minnich: We are not oppos=
ed to
that. It is the general fund
portion of this, and I do say that there is a direct issue, very direct
correlation here. Could you e=
xplain
to me what the financial arrangement is that you’ve approved for this
project beyond the actions taken tonight? =
; =
; Ms.
Adams: Are we getting out=
side,
Frank, of the Town Meeting, the Call of the Town Meeting? Should that be saved for the Counc=
il
meeting? Anybody have any ide=
a? &=
nbsp; &nbs=
p; Mr.
Nardelli: I have the Memo=
of
Understanding. =
; =
; Mr.
Minnich: Madam Chairman, it is not up to . . . =
; =
; Ms.
Adams: No, I’m sorr=
y,
it’s up to me, I’m just looking for some advice here, yea, you&=
#8217;re
right. &=
nbsp; &nbs=
p; Mr.
Minnich: The issue is it =
is
directly correlated. The financing, this is the matter before us and
you’re telling us . . . . =
; &n=
bsp; Ms. Adams: No, it’s the appropriati=
on is
what is before us. =
; =
; Mr.
Minnich: That is correct,=
and
the appropriation that is before us is also you are saying to us, the Town
Council has another financial arrangement for the very same matter that
you’ve already supposedly approved.&=
nbsp;
I’m asking as a point of inquiry in terms of understanding the
full impact of this motion that we’re about to approve, what is this
other financial arrangement that you’ve approved? =
; &n=
bsp; Ms. Adams: Memo of Understanding . . . .there=
is no
date but it was 2 weeks ago, made between the Watertown Water & Sewer A=
uthority,
747 French Street, Watertown, CT 06795 acting herein by Frank T. Jodaitis,
Superintendent and the Town of Watertown, 424 Main Street, Watertown, CT ac=
ting
herein by Frank J. Nardelli, Jr., Assistant Town Manager duly authorized for
the Town. Spec=
ial Town
Meeting May =
5, 2008 Page=
9 =
; &n=
bsp; WHEREAS
the Town and the Water & Sewer Authority desire to enter an agreement f=
or
the rehabilitation of the inside and outside of 2 water storage tanks, one
being located on Straits Turnpike and the other on Buckingham Street, and
=
; &n=
bsp; WHEREAS,
the total cost of such rehabilitation will cost $1,153,031.68 is more parti=
cularly
described on Schedule A attached which is, I guess it was the low bidder. =
; &n=
bsp; NOW
THEREFORE, the parties agree as follows:&n=
bsp;
The Water & Sewer Authority and the Town will each pay $776,515.=
84
or one half each of the total cost for the rehabilitation. =
; &n=
bsp; FURTHERFMORE,
the Water & Sewer Authority will initially pay the entire total cost re=
habilitation
for the rehabilitation and the Town will repay its half share of the rehabi=
litation,
$776,515.84 to the Water & Sewer Authority over a 10 year period amorti=
zed
at 2.5% to the Water & Sewer Authority, is more particularly described =
on
Schedule B attached hereto and made part hereof which basically just goes
through the payment amounts. =
; &n=
bsp; IN
WITNESS, herein the parties have herein set their hands and sealed the day =
the
date indicated. =
; =
; Mr.
Minnich: My statement to =
in the
Council on that is we all know under, I believe it’s Section 708 of t=
he Charter,
I believe that’s the Section, but it’s been a while since
I’ve looked at it, we require all funding to be approved either throu=
gh a
transfer of the general fund through which the Town Council has authority t=
o do
or go out to a Town Meeting. =
The very
reason we had this Town Meeting and several other town meetings during the
course of the year is to add appropriations, so I guess I rhetorically ques=
tion
the authority of the Town Council to enter into a financing appropriation
agreement which I gathered, my first hearing this, seems to attempt to bind=
the
Town, therefore in terms of the general fund rather to this project. I question the authority of that a=
ction
absent a vote of the residents of this community. So the (inaudible) that I would su=
ggest
would need to occur another time to the matter before us which is the
appropriation of the transfer of the money from the capital water to the
operation of water, we have no (inaudible) in the Fire District. We have a quarrel with the use of
general funds so I very clearly and state to you, I contend that that action
which you’ve taken is not (inaudible) and we will challenge that acti=
on if
you think it is. You have no
authority to take money as a Town Council and use it for any purpose other =
than
what has been appropriated by the residents, and you intend by the actions =
to
do differently. So the purpos=
es of
this meeting, we have no quarrel with the rehabilitation, we think that sho=
uld
have been done a long time ago, and those are my comments. Spec=
ial Town
Meeting May =
5, 2008 Page=
10 =
; =
; Ms.
Adams: Is there anyone el=
se who
would like to address the Town Meeting?&nb=
sp;
Is there anyone else would like to address the Town Meeting? Anyone else? Okay at this time I’m going =
to
call for a vote. All in Favor=
of
the appropriation of $1,553,110 from the Water Operations Fund Balance sign=
ify
by saying Aye? Opposed? =
; &n=
bsp; Ms. LaForme: I need a show of hands. =
; &n=
bsp; Ms. Adams: I’m going to appoint Lynn LaF=
orme
and Frank Nardelli as Tellers for this Town Meeting to count. So I’m going to ask at this =
point
all in favor, if you could please raise your hands. &=
nbsp; &nbs=
p; Ms.
Adams: Okay, now all of t=
hose
opposed, please raise your hands. =
; &n=
bsp; Ms. LaForme: I counted 22-13. =
; &n=
bsp; Ms. Adams: 22 in favor, 13 against. Okay motion carries. MOTION
PASSED UNANIMOUSLY Ms.
Adams, Moderator, adjourned the Special Town Meeting at 7:30 p.m. Respectfully
submitted, Elaine
Adams, Moderator Approve=
d: ______________________________ &=
nbsp; Lynn
M. LaForme, Clerk