MINUTES

Watertown Town Council

Regular Meeting

June 5, 2006

Page 10

6.&nb= sp; Chairman’s Report

= Mr. Pawlak: One of the items I wanted to a= ddress was to have an update on the Steele Brook Greenway Project, which I request= ed from Mary Barton. We are movi= ng along, we're making some progress on that.= As a matter of fact one of the items on the Agenda addresses the tes= ting for hazardous materials down in the lower end, the Pin Shop Pond I believe.= It is about a 6 item letter but we= are making progress so I'm very hopeful that that will continue as planned.

= A= . Correspondence

= &nb= sp; Mr. Pawlak: These two letters were received:

= 1= . = Resignation Letter from Alan Mickel from the Torrington Area Health District Board dated May 11, 2006.

= 2= . = Resignation Letter from Kristi Ortiz from the Commission on Aging,<= /span> dated May 11, 2006.

B. = Ethics Complaint

= ; Mr. Pawlak: With respect to t= he complaint regarding conflict of interest to which I referred earlier relati= ve to the public participation, several items, and I have to apology for my, I guess the ignorance of the exact wording of the ordinance, I was not that familiar with it, but upon reading it and discussing it several times with Atty. Pilicy, one thing was very obvious right off the bat and the second t= hing was a little bit less obvious, but the first thing, I think most important = is that any complaint that is made under this particular ordinance Section 3.6= I believe clearly indicates that a complaint must be made confidentially. This obviously was not done, it was made in Public Hearing. Item #2 with respect to the compla= int, Item 3.5 that says the complaint should be filed under penalty of false statement which means it must be sworn and attested to, and that was not do= ne either. All that being said, the bell cannot be unrung, so to speak.

I have received from both of the individuals who were named in the complaint, letters indicating that henceforth and in the future both of them will recu= se themselves from nay discussion regarding the properties involved in the 262 Route 8 corridor as it potentially could affect them or their families and = they will recuse from discussion or voting, so I have initially asked that sever= al members of the Town Council act as a subcommittee to review these complaint= s, but since we have the letters of recusal and since the complaints were made= not according to the ordinance wording, I don't think we're going to go forward with that. I'm satisfied that= their intent to recuse themselves on these matters satisfies me and I hope the To= wn Council and anyone else who has an interest in that.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 11

Ms. Adams: As far as complaints, as far as keeping confidential, you say 3.6, that says confidentiality of complaints, evaluation, (inaudible) violation, investigation, and publication of findings. If I read this correctly refers to= the subcommittee that would in turn do all the investigation. But if you look at the complaints, procedures, time limits, investigation on 3.5, it says upon the complaint of any person on a form prescribed by the Council, I don't know if we have suc= h a form and . . .

= ; Mr. Pawlak: I'm not aware tha= t we have one.

Ms. Adams: Yea, it just seems to me that it d= oesn't talk about the actual person making the complaint has to keep it confidenti= al.

= ; Mr. Pawlak: I'm not a legal e= xpert . . . .

Ms. Adams: No, neither am I.

= ; Mr. Pawlak: And that's why I = said I discussed it with Franklin to determine what was the intent of the ordinance and he was of the opinion that the complaint should be made in confidence, = and that the release of confidentiality can be after a (Tape #1, Side A ended -= may have missed some) or substance to the complaint or the respondent making it public, so under those two conditions the complaint can be made public, but= the initial complaint should be made in confidence. It's sort of like, and this is obv= iously an extreme example, but it's either one of two choices, getting evidence without a warrant or assuming one is guilty until proven innocent. I think when you're talking about a complaint of this nature, it's best, and I think that was probably the inte= nt of the ordinance, to make it in confidence with the understanding that the = Town Council is going to act in a completely uphanded manner in approaching its responsibilities and findings, and then if and when they find some substance that warrants publication of the complaint then they would go forward, or t= he respondent has the opportunity to do that themselves if they want to public= ly defend themselves.

Mr. Gary Martin: Can I have my letter read into the record, please?

Mr. Pawlak: Sure. I'll do that.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 12

"Town Council, Town of Watertown

May 29, 2006

I am responding to the accusations filed by the C.C.P.W. that I am in a posit= ion of conflict of interest when discussing the Plan of Development as it perta= ins to the possibility of changing 100 acres of a 400 acre parcel of industrial= ly zoned land in the Route 262 area of Watertown to commercial retail. This su= pposed conflict exists because my father in law and his brothers own a piece of la= nd that is within this industrially zoned area. Commission members have known this= fact throughout our discussion and never was there an attempt on my part to conc= eal this fact because I never (inaudible) that anyone would ever perceive that = this fact would have any bearing on a process that is conceptual in nature. I'd like to state emphatically tha= t I have never been predisposed to any position on any discussion of the Plan of Development. I have participa= ted in discussions on all aspects of the future growth of Watertown starting with attending numer= ous study circle group meetings that occurred almost 2 years ago. I've conferred with friends, neigh= bors, and residents of Watertown on all aspects = of the Plan in order to assure that whatever position I take on a Plan of Developm= ent exemplifies the desires of the community and represents what is best for Watertown. Ideas have been brought forward by= residents, the Watertown Economic Development Commission, or our commission members and the general public and I believe that what is best for Watertown has been in the forefront of = that discussion. I'm appalled that a small group of citizens existing under the guise of C.C.P.W. would stoop to the level they have on the PRESUMPTION that I MAY and that is emboldened, have a position = CONTRARY again emboldened, to their own and that they would go to this extreme to suppress any meaningful discussion on the matter of Route 262 is unconscionable. They continue= their misinformation about the plan and the alleged big box stores. Has anyone in this community ever = seen this mysterious proposal? The= Plan, as stated previously, is conceptual in nature and has no capability of effecting change on its own, it is strictly a mechanism to allow the commun= ity, the opportunity to discuss the concepts it proposes. What may I ask is so threatening a= bout discussion of concepts? Isn't= free speech and meaningful discussion what this country is based on?

With all this said, in order to keep the focus of the= Plan of Development squarely where it belongs, and that is for the intelligent growth of our community and not this trivial complaint by the C.C.P.W., I w= ill recuse myself from any further discussion on the Plan as it pertains to my father in law and his brother's land. I will however continue to discuss the remainder of the Plan of whic= h I have spent countless hours involved with and will see it through its comple= tion and final approval.

Sincerely,

Gary Martin

Watertown Plannin= g & Zoning"

Watertown Town Council

Regular Meeting

June 5, 2006

Page 13

Mr. Pawlak: I'll read the other one also from M= r. Lukasavage:

"Town of Watertown

Town Council Chairman Joseph Pawlak And Town Council Members

May 26, 2006

As requested by the Town Council I will recuse myself from any discussion and voting on any section of the Plan of Conservation and Development that incl= udes any property that I own.

James Lukasavage

176 Evelyn Street

Oakville"

Mr. Pawlak: There is one thing that has come up= , with respect to an application for a cell phone tower location in the area of Black Rock Road. It is unique in this respect, heretofore, any citing location or installation have been on existing structures, whether they be the knitting mills chimney, or inside the bell tower at the Congregational Church. This proposal is a freestanding tower and it is on private land, but= the applications have been made to the Citing Commission and they have forwarded the information to us, and I would ask that Atty. Pilicy step forward and g= ive us some of the particulars. In discussion with Franklin, it appears that as a Town Council we have the option of either saying yes we approve of it, or no we do not, or we have looked at it without any recommendation, however whatever we decide does not carry a veto power with= the Citing Commission. They'll me= rely look at our recommendation and decide what they want to decide based on the needs of the public.

Atty. Pilicy: The Town of = Watertown has received notice of an application from Sprint, who is proposing to locate a telecommunications facility tower on the Dyer Property at 306 Black Rock Road. The proposed tower is 161.5 feet h= igh and the design appears suitable for multiple carrier antennas. The Town Council has received this notice pursuant to Connecticut General Statutes Section 16-50.Le, and under that Statute an application for a telecommunications facility of this natur= e is required to send notice of the application at least 60 days prior to filing with the Citing Council to the chief elected official of each municipality where a citing tower may be located or where a municipality may be affected= by the location of a citing tower. The term used in the Statute is consultation with the municipality. And that consultation includes aga= in, notifying the municipality at least 60 days in advance of application being filed with the Citing Council, the applicant is required to include a coupl= e of documents, a statement of their opinion of the need to essentially cover ar= eas where there are gaps in coverage, and the technical expertise contained in = a report that comes to the Town. They'= re also required to submit other documentation which they have submitted in th= is case which is a visual report where they have put a balloon up in the air at the same height of the tower at the same location and then they go around to different locations and take photographs to see whether or not the balloon = is visible from these different locations.&nb= sp; That has been submitted. They've also submitted a series of 10 maps that contain detailed des= ign criteria for all aspects of the location and construction and functioning of the tower.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 14

The Citing Council has exclusive jurisdiction at the end in deciding whether or= not a facility of this nature should be approved, and the Statute goes on to say that a decision of the Citing Council shall satisfy and be in lieu of all o= ther certifications and approvals and other requirements of any other state or a= ny municipal agency, however the Statute does invite a municipality acting by = the Town Council or any other land use agency to conduct public hearings, and if public hearings are conducted, the applicant must take all of the informati= on that is produced in these public hearings and submit that information with = the application to the Citing Council. <= /span>The municipality is also free acting by the Town Council, the department heads,= by any other land use agencies to make recommendations and you could recommend approval, you could recommend disapproval, you could recommend approval with conditions, you could recommend further search for alternate locations, and= so forth and the Citing Council, by Statute, shall give whatever weight that it shall deem fit and appropriate to give to the recommendations to the munici= pal agency of any kind so in effect it's an advisory nature type of a notificat= ion but the Council or other land use boards are free to hold public hearings, = the input gathered is required to be submitted to the Citing Council. Now the Citing Council has a separ= ate statutory criteria where they are required to have their own public hearings and generally at least one of those public hearings would be held in Watert= own, so this is really the first indication that this application is proceeding,= and having said that, the detail presented to the Town is pretty thorough, so it appears that they have done a lot of homework, it appears that this is an application that they intend to file and that they do intend to pursue, so = any information that the Town wants to generate, one way or another, can be gathered again through the public hearing process or through specific depar= tment heads being requested to take a look at it and provide opinions.

Now there are 3 recent Connecticut Court decisions that support the exclusive j= urisdiction of the Citing Council and I provided copies of those to the Council, but on= e of them is a 2006 Connecticut Appellate Court case, the other is a 2002 Connecticut Supreme Court case, which basically adopts in full a pretty thorough trial court decision so it looks like there's not much the Town of Watertown can do in exercising exclusive jurisdiction, but the Town may participate to the extent that the Town feels that it ought to participate = in trying to urge the Citing Council one way or the other, with respect to this proposal.

I'd just like to mention, as the Chairman has mentioned, that up to this point = the Town has had an informal policy of trying to urge carriers to locate on existing structures and existing Town facilities. For example there are multiple co-locations on the two water towers, there are co-locations on the two smokestacks, there's co-location at the Congregational Church steeple. This would be the first time we ha= ve a standalone wanapole facility in Watertown so with that, I'd leave it to the Council's discretion whether or not to hold public hearings and I would recommend that tonight's comment be passed on to the other land use agencie= s so they may or may not take their own action.

Ms. Adams: I think the people in the area have= a right to know what is proposed here and that perhaps we may want to notify,= or do they have responsibilities to be notified by the Citing Council or Sprint that this is what is being proposed?

Watertown Town Council

Regular Meeting

June 5, 2006

Page 15

Atty. Pilicy: We have no role in notifying the neighborhood unless we choose to. We have the right to do that if you want to.

Mr. Pawlak: I would suggest we have a public he= aring preceding our next Town Council meeting which is June 19th so we can have public hearing scheduled for 6:45 or 7:00 so we have at least a half hour a= nd that people are notified that this project is being proposed and they have = an opportunity to voice their opinions.

Atty. Pilicy: I think a good point was raised with respect to the type and amount of notice that you want to give for this pub= lic hearing. A typical land use a= gency would publish at least twice and may or may not require specific notice to = property owners within a certain radius of this property. Town Council public hearing you typically notice only once without any specific notice to any party, so you= may want to discuss how wide and how often we want to have specific notice.

Mr. Pawlak: Are you talking about Planning and Zoning?

Atty. Pilicy: No, I'm talking about if the Counci= l . . .

Mr. Pawlak: No, I'm talking about other la= nd use agencies, you're talking about Planning & Zo= ning?

Atty. Pilicy: Yes, well also Zoning Board of Appe= als and Wetlands, their notice requirements are very similar, they're more extensive than a typical Town Council public hearing, so we could follow the same notice provisions but you'd have to act quickly because the first noti= ce has to be at least 10 days in advance of the public hearing.

Ms. Adams: I think we should notify at le= ast within 2/10 of a mile radius, send them copies that we're going to be holdi= ng a public hearing and let them know what's going on. Again, what we're done so far as a= Town is we've put it in the churches and smokestacks so they're unobtrusive and everybody gets service but this is the first I've heard about this and I tr= y to keep myself informed on what's going on.

Mr. Pawlak: Okay, it makes sense to me, so= we should add an item to the Agenda then we can work up the language to add th= at so that we add a public hearing prior to the next Town Council meeting.

Mr. Nardelli: On the next Town Council meeting th= ere will be a Special Town Council Meeting at 7:00 and another at 7:15, so 6:30= or something like that.

Mr. Pawlak: 6:30, okay, so let's work on t= hat language so we can add it to this agenda and adopt it.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 16

7. = Acting Town Manager's Report

&= nbsp; Mr. Nardelli: The job descrip= tions for the department heads have been completed and we've incorporated some of= the changes recommended by Elaine Adams. We've also obtained a salary survey from C.C.M. that lists various t= owns and the salaries that are being paid for those positions, so we're pretty r= eady to move forward with that. Pl= anning and Zoning has requested a copy of the job description be sent to their boa= rd as well, which we have.

= Mr. Pawlak: So the Zoning Enforcement Officer?<= /p>

= Mr. Nardelli: Yes. Shared Services Committee is going to have a meeting June 13th for a final report on their findings which can then be presented to the Town Council. Once the shared serv= ices report is final, I don't know if you want to do a Joint Meeting with the To= wn Council so we can present the findings.

= Mr. Pawlak: I think that would be a good idea. That way everybody is present, everybody hears the same questions and explanations, proposals.

= Mr. Nardelli: After we have that meeting on June= 13th we can . . . . .

= Mr. Pawlak: I'd like to get that done befo= re July if we could. Either that= or schedule it to work with . . . when is our Town Council meeting in July?

= Mr. Nardelli: We only have one Town Council meeti= ng in July.

= Mr. Pawlak: June 19th is the next, is that= enough time for you to work that through?

= Mr. Nardelli: You're going to have a lot going on= on the 19th.

= Mr. Pawlak: What's the one in July?

= Mr. Nardelli: The 17th, there's only one in July.=

= Mr. Pawlak: Maybe we'll shoot for that.

= Mr. Nardelli: (Inaudible). In the morning paper there was an article about the Town expects to receive a $500,000 Small Town Economic Assistance Program Grant, the STEAP Grant, for the water line extension. Hopefully by the end of the week w= e'll have official notification but obviously that's good new for the Town to get that STEAP Grant.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 17

8.&nb= sp; Department Report - Parks and Recreation

&= nbsp; Mr. Pawlak: I wanted Parks an= d Rec at this meeting cause we're just about ready to get into the season and I wanted to make sure we had an update as to where we are with respect to programs and progress toward opening our parks.

&= nbsp; Ms. Carew: I have a suggestio= n for this cell tower, first of all, move it down the street to Crestbrook, we can use the money. I'm serious, <= span class=3DGramE>it's right down the street.

= Ms. Adams: Come to the meeting on the 19th.

&= nbsp; Ms. Carew: I'll be here. I've put together a little pamphle= t on what's happening in our department right now, cause I was told I only had 10 minutes, and anybody who knows me knows I can ramble on for a little while,= at least 15 minutes, so I put together just a real quick booklet so you have everything that's going on right now and I included, which I'm going to be using tonight for my report, the Annual Town Report from last year with some stuff added in cause it has all the numbers.

= Just so you know, the Recreation Department is divided into 4 divisions and that includes the Recreation, the Falls Avenue Senior Center, the Crestbr= ook Park Pro Shop (non-maintenance, if it's maintenance it belongs to Mr. Ward), Social Services and the Emergency Food Bank. The Recreation Department is locat= ed at 51 Depot Street at the Depot Square Business Center in Watertown. We are responsible for planning an= d carrying out programs and activities for all ages and supervising regulation of the = use of all public parks and playgrounds within the Town. The Parks and Recreation Commissio= n is our policy making board. Recr= eation programs run throughout the year. During the school year a variety of sports are offered to the Townspeople including court games with over 600 children participating in youth basketball alone. We have an age group s= wim team with 140 members and we give both swimming lessons and public swimming. We have one of the = best age groups in the State. We o= ffer dance lessons, anywhere from ballroom dancing to line dancing, Tai-Chi Karate. These take place dail= y at convenient tines for the age groups involved. Summertime activities include spec= ialty camps such as baseball, golf, tennis, soccer, art, cooking and playground.<= span style=3D'mso-spacerun:yes'> Swimming lessons are offered at th= e Watertown High Schoo= l pool year round and at Sy= lvan Lake in the Summer. = Other activities include, but are not limited to, planned trips to such points of interest as Boston, New York, Newport, and many other cultural events Outdoor concerts, children theater presentation and indoor skating at Taft School are also offered seasonally. Estimated last ye= ar people served through our programs is 7,714. It's a conservative estimate.

= I'm just going to throw out a couple of statistics for this Summer. We are offering 77 programs this y= ear, that's up 6 from last year. W= e are offering 7 special events; last year we offered 5. we're o= ffering 12 trips this year versus 11 last year, and the concerts remain the same. So far this year we've hired for seasonal help 43 counselors and 12 lifeguards, but that's not including privatized companies that we contract with.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 18

= Mr. Pawlak: Where does that stand with respect= to your compliment, Lisa? Are yo= u on line with what you want or are you still looking?

&= nbsp; Ms. Carew: No, the only thing= we're a little concerned about is the lifeguards, cause we could actually use like one more at the High School, but we'll be fine by t= he time we open. Crestbrook Park= Pool has also been acid washed a couple of weeks ago and it's being painted now = and it will be ready to be open within the next couple of weeks, along with Syl= van.

= The Falls Avenue Senior Center is located at 311 Falls Avenue in Oakville, and is open Monday through Thursday from 8:30 to 4:30 and then on Fridays f= rom 8:30 to 1:00. Down at the Cen= ter a wide variety of services are available to the Town's elderly. Most are located in or operated fr= om the Falls Avenue Senior Center. Activities include:

· Social Events

· Programs on Health Related Topics

· Arts and Crafts

· Hot Meal Program

= The Center is also used extensively in the evening and on the weekends for many= of the recreation activities. Pr= etty much it's become a community center. The Mini-Bus services regularly scheduled runs within the Town as we= ll as trips to Waterbury. Rides are arranged by phoning the dispatcher in advance. There = is a nominal suggested donation to use the bus service. We're part of an 8 town grant cons= ortium that the Town will be notified on hopefully within the next couple of weeks, that we're going to be getting service to the Greater Waterbury Transit District one day a week and once a month on Saturdays, so that will complim= ent the services we're already providing and this is at no fee to the users.

= Calendar Events, which is in the packet I gave you tonight, listing the Senior News & Views is published monthly and it may be obtained at the Center, the = Rec department, the libraries and also any of the senior housing.

= Social Services & Food Bank - the Social Services Department is located at the Depot Square along with the Recreation Department and the Food Bank is loca= ted at the lower level of Christ Episcopal Church, at 25 The Green in Watertown. The State of Connecticut prov= ides assistance through the SAGA program and Watertown Social Services Department assists those residents in need with the following services:

· We average 100 to 115 Holiday Food Baskets annuals - either Thanksgiving or Christmas

· We assist the Watertown Oakville Ecumenical Council through the New Beginnings Back to School Program which provides 100 school age children with new clothing, book bags, and school supplies.

· We also have what's called the Safety Net in= Town which through donations that come in, we are able to assist the clients onc= e a year on help with energy or fuel or rent or a shut off notice.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 19

= The food bank year to date, I'm going to compare 2005 to 2006, year to date 2005 right now we had 1,106 units of services provided. Currently we're at 1,100, and that= 's from January 1st to the end of May so we're up a little bit, but not spiked= as much as I thought it was going to happen.

= Mr. Pawlak: What is a unit of service?

&= nbsp; Ms. Carew: Each time a person= uses it, but we don't just, if there are 5 people in the family, it would be 5 units.

= Mr. Pawlak: And that can be anything, it can be food, fuel, assistance?

&= nbsp; Ms. Carew: No, this is just food. And again that's just f= or the first 5 months. What was very= interesting when I was looking at the stats, I actually have it since the food bank fir= st started like 15 years ago. Wh= en I thought it would be spiking it wasn't.&nbs= p; January through March it was up, which I thought it would have been = more now, and April and May are actually down from last year. If anybody needs any of these numb= ers, we have them at the office.

= Crestbrook Park - Non-Maintenance - Crestbroo= k is located at 389 Northfield = Road,= the pro shop is part of the Recreation Department's jurisdiction along with= the lifeguard. The Pro Shop can be reached at 945-5249. Crestbro= ok is a premium 18 hole golf course. Other features include an outdoor = pool, picnic pavilion, the only 4 public tennis courts in <= st1:place w:st=3D"on">Watertown, and has an elegant banquet facility known as Cavallo's Crestbrook Inn. You can reserve the pavilion and t= he tennis courts by contacting the Recreation Department.

&= nbsp; Mr. Pawlak: As far as your pr= ograms and your staffing levels for the upcoming summer season, as you all set? You mentioned you could use one mo= re lifeguard at the High School pool, but what about the rest of your programs= ? Are they all established and ready= to go?

= Ms. Carew: Basically yes. The initial letters went out, we're waiting for the confirmations, and there's training coming up, because ever= yone who works for us has to have CPR, First Aid, we're very fortunate in this budget, we're getting another defibrillator, so that's going to be our 5th = one for the department so right now everything is on and it's a go. There was an article in either yes= terday's paper or today, an interview by the Waterbury Republican, I've been here for almost 19 years and this is the one of the only times we've gone into the fiscal year with a budget, so that will really help us cause most of our mo= ney is spent in the Summer.

= Going back so you know a little bit about the stats, the Recreation Department ha= s a Full Time Director, which is myself, there is a Full = Time Assistant Director, a Part Time Rec Supervisor, Full Time Secretary and lik= e I said, right now there's 43 Counselors that have been hired and 12 Lifeguard= s.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 20

= At the Falls= Avenue Senior Center the staff co= nsists of a Full Time Coordinator, and this person has multiple hats. She's also our Town Social Worker = and Municipal Agent. We have a Part Time Di= spatcher and 3 Part Time Drivers, and also again numerous Part Time and Seasonal employees. It also has a lunch program worker contracted through NOW, Inc. through our Elderly Nutrition.<= /p>

= Social Services - we have a Part Time Clerk and also of course again Darryl's position, she is our Town Social Worker and then I'd be negligent not to ma= ke mention probably the 20 to 25 volunteers that run the food bank, and we give credit where credit is due, cause they run it.

= At Crestbrook, the non-maintenance staff, that includes all the Lifeguards and= the Starters, Rangers, and the contracted Golf Pro.

= Mr. Pawlak: Any questions? Thanks, Lisa. Harry?

= Mr. Ward: I have no formal report cause I was basically told I was just to be here to an= swer any questions regarding the parks or Crestbrook Park.

= Mr. Pawlak: I just wanted to make sure whe= re we were with respect to the condition of the facilities, whether it's Crestbro= ok Park or Sylvan Lake, the condition or the status of our memberships. We discussed, as a result of our increasing the fees, I was up at the lake, I think it's your responsibility, sometime Monday or Tuesday of last week, Thursday I believe, I noticed a big pile of sand up there, I assume that's going to be spread out.

&= nbsp; Mr. Ward: Yea, that's part of= my report at the last meeting that I was at, we ordered 75 tons of sand for Sylvan Lake to be spread out over the beach. The Public Works Department will spread it with their large loader a= nd my guys will come in with the small rake machine that we use to do the infi= elds of the ball fields with, just before we open.

= Mr. Pawlak: When is the opening date?

= Mr. Ward: A couple of weeks, I would ass= ume.

= Ms. Carew: Right like the week that they get o= ut of school.

= Mr. Pawlak: Golf course memberships?

= Mr. Ward: The non-resident season ticket holders are all down, as we anticipated, as we more or less doubled the fee. The greens fees however = have increased because they're all paying greens fees now. (Tape #1, Side B ended - may have = missed some.) We'll at least break e= ven.

= Mr. Pawlak: Is that part weather driven?

Watertown Town Council

Regular Meeting

June 5, 2006

Page 21

= Mr. Ward: (Inaudible) more than right now. We've lost a lot of days in May wi= th the amount of rain that we've had, and this past weekend we completely lost out with the 7 inches of rain that we had over the last 2 weeks, unfortunately= it's a weather related business as far as income.

= Mr. Pawlak: Did we experience any damage at the= golf course as a result of the deluge?

= Mr. Ward: Actually not too bad. The earlier deluge that we had we = had a lot of gravel washout from a lot of the drainage areas and that was all put back within the week and we had some scouring of some of the stream banks f= rom the water coming out of Merriman Pond and I'm still not sure if we're going= to do anything with that, we'll probably leave it and let it naturally go back= in, cause it wasn't that bad and I don't want to just drop rip rap in there, I'd rather have natural vegetation come back in, so really the damage wasn't all that bad, it's just that we lost revenue because nobody plays in the rain, except for the real diehard golfer. So that's one of our problems this year has been weather. On good days we do great, I mean w= e're just jamming, but on the rainy days, unfortunately we don’t do as wel= l.

&= nbsp; Mr. Pawlak: Do you graph your income?

= Mr. Ward: Yes, we do.

&= nbsp; Mr. Pawlak: How are we running compared to last year?

&= nbsp; Mr. Ward: We're doing actuall= y less than last year. Over the last= 4 years the graph has been going lower and lower a= s far as what our income has been and if you put the amount of precipitation graph next to that, it just more or less coincides with the loss of revenue. It's amazing to see the correlation between the two. It's almost = identical.

9.&nb= sp; Subcommittee Reports

&= nbsp; A. Public Works Subcommittee

= Mr. Rinaldi: No report tonight; we have a meeti= ng next week. There is one item that’s on the Agenda and we can discuss that when we get to it.

&= nbsp; B. = Business Development Subcommittee

= ; &n= bsp; Mr. Guerrera: Nothing to repo= rt tonight; we have another meeting scheduled with the E.D.C. and there are a number of items we are working on, and I'm hoping to have a detailed report= at the following meeting.

C. Finance Subcommittee

= ; Mr. Mancini: No report.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 22

&= nbsp; D. Ordinance Subcommittee

= ; Ms. Plowman: Nothing at this = time.

10.&n= bsp; Unfinished Business

None

11.&n= bsp; New Business

&= nbsp; A. Consider Appointments to Boards and Commissions

= ; &n= bsp; None

B. &nbs= p; Consider Setting Mill Rate for Fiscal Year 2006/2007

&= nbsp; &nbs= p; MOTION: (Mr. Mancini, sec. Mr. Walton) to adopt the Resolution setting the Mill Rate for= Fiscal Year 2006/2007 at 22.72 due and payable on July 1, 2006 for personal proper= ty taxes, motor vehicle taxes, and the first installment of real estate taxes,= and the second installment on real estate taxes due on January 1, 2007.

&n= bsp;

&= nbsp; &nbs= p; Discussion: Mr. Nardelli: We incorporated that new State reve= nue that came in after we proposed the budget, so originally we had proposed a = 1.46 mill rate increase, now it's only a 1.37 mill rate increase, that's why the mill rate is slightly different than what's being reported in the paper.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Pawlak: So it's down 9/100?

= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: Yes, so that ex= tra $150,000 revenue we got from the State we used to lower the mill rate with.=

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Pawlak: Originally we were looking at 22.8= 1?

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Nardelli: That's correct.

&n= bsp;

&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

June 5, 2006

Page 23

&n= bsp;

C. &nbs= p; Consider A Resolution Authorizing a Bid Waiver for Relocation and Storage of Furnitu= re and Contents of the Swift Middle School in connection with the Renovation P= roject for an estimated contract cost of $26,500

&= nbsp; &nbs= p; Mr. Pawlak: We did receive an adjusted bid from Amodio on this particular project, it was originally $26,500, now it's $19,680.

&= nbsp; &nbs= p; MOTION: (Mr. Mancini, sec. Mr. Walton) to adopt a Resolution authorizing a Bid Waiver for Relocation and Storage of Furniture and Contents of the Swift Middle School= in connection with the Renovation Project for an estimated contract cost of $19,680.

&n= bsp;

&= nbsp; &nbs= p; Discussion: = ; Mr. Rinaldi: This money is co= ming out of the project funds?

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Nardelli: Yes, that's right. And Todd LoFrese is here to answer= any questions.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. LoFrese: We have a $75,000 budget line in t= he owner's costs of the construction project which is earmarked towards moving. It's anticipated that= this portion, this Summer is going to be the signific= ant move, the next two Summers will not be as large.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Pawlak: What was the amount budgeted, = Todd?

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. LoFrese: $75,000.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; = ; Ms. Adams: Just wondering whe= re it's going?

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; = ; Mr. LoFrese: Most of the mate= rial is going to be actually located on site.&n= bsp; The cafeteria and the media center we most recently learned will not= be having asbestos abatement this Summer so the maj= ority of the contents are going to go in those two areas. We have a couple of classrooms tha= t are also going to be vacant as well that we can put some material in.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Pawlak: Is any of it going to be stored off= site?

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. LoFrese: At this point the plan is no.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Ms. Adams: So we're paying $19,000 for somebod= y to move it from one side of Swift to the other?

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. LoFrese: It all has to happen from the day s= chool gets out to that Friday, which is about 2.5 days.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 24

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Pawlak: Actually it's anticipated to be below budget.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. LoFrese: We anticipate it will be significan= tly below budget, yes.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Nardelli: They're actually going to box every= thing.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. LoFrese: Correct, everything is getting boxed. As far as the scale of= this, we're talking boxing of textbooks, balance beams, scales, microscopes, the entire, every classroom in Swift, with the exception of a few are going to = be relocated out of the classrooms.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; = ; Mr. Pawlak: So it's a fairly significant project in a very compressed timeframe.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. LoFrese: Correct. The asbestos abatement contractor = needs to get in on Monday the 26th to begin work, so we have to be out within 3 d= ays.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Pawlak: When is the start date for the move= ?

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. LoFrese: Wednesday. And they would have to be complete= by Friday.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Ms. Adams: Or by Sunday.

&n= bsp;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mr. Pawlak: That might escalate the costs.

&n= bsp;

&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY

&n= bsp;

&= nbsp; D. Consider a Resolution Setting the Administrative Fee to be charged for Delinquent Mo= tor Vehicles Taxes per Ordinance 04-17-06-271 - An Ordinance to Provide for a Tax Collec= tor Administrative Fee to be Charged for Delinquent Motor Vehicle Taxes

&= nbsp; &nbs= p; MOTION: (Mr. Mancini, sec. Mr. Walton) to adopt the Resolution setting the Administrativ= e Fee of $5.00 to be charged for Delinquent Motor Vehicle Taxes per ordinance 04-17-06-271.

&n= bsp;

&= nbsp; &nbs= p; Discussion: None<= /p>

&n= bsp;

&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

June 5, 2006

Page 25

&= nbsp; E. = Consider Setting Special Town Meeting Date, Time and Place to consider an Appropriat= ion from the Fire House Renovation Project Fund in the amount of $43,000 o fund= Driveway Improvements in connection with the Project

MOTION: &nbs= p; (Mr. Mancini, sec. Mr. Walton) to set a Special Town Meeting for Monday, June 19, 2006 at 7:15 p.m. at the Watertown High School Technology Room to consider = an appropriation from the Fire House Renovation Project Fund in the amount of $43,000 to fun= d Driveway Improvements in connection with the Project.

= ; &n= bsp; Discussion: = ; Ms. Adams: Is this going to e= nable us to line up the driveway with Depot and make a 4 way intersection?

= ; &n= bsp; = ; &n= bsp; Chief Black: The answer is no. Our property does not go down that= far to line it up exactly across from that intersection. We will be up the hill, maybe abou= t 50 to 100 feet, I don't know the exact measurement.

= ; &n= bsp; = ; &n= bsp; Ms. Adams: So it's going to be a little bit fa= rther down the hill than where the driveway is now?

&nb= sp; = &nb= sp; Chief Black: Yes, it will e considerably down further.

= ; &n= bsp; = ; &n= bsp; Ms. Adams: Away from the Main Street?

&nb= sp; = &nb= sp; Chief Black: Yes, maybe 150 to = 200 feet further down the hill than the existing driveway.

= ; &n= bsp; = ; &n= bsp; Ms. Adams: That will help with site lines and= everything?

&nb= sp; = &nb= sp; Chief Black: Absolutely, it wil= l make it a tremendous amount safer than what it is now.

= ; &n= bsp; = ; &n= bsp; Ms. Adams: Yea, cause right now they just buzz around the corner and they don't stop.

&nb= sp; = &nb= sp; Chief Black: Right.

= ; &n= bsp; = ; &n= bsp; Mr. Nardelli The funding for this was originally tried to come from that Timken Grant, but we didn't get that grant, so we do have some investment earnings in this bond fund, so we're appropriating the money out of that.

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: And this is just for material?

Watertown Town Council

Regular Meeting

June 5, 2006

Page 26

= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: Right, the Highway Department is g= oing to do the work.

= ; &n= bsp; = ; &n= bsp; Ms. Adams: That definitely needs to be done.<= span style=3D'mso-spacerun:yes'> That's our third worst intersectio= n in Town?

= ; &n= bsp; = ; &n= bsp; Mr. Rinaldi: The worst.

&nb= sp; = &nb= sp; Mr. Cavanaugh: One of the top three.

= ; &n= bsp; = ; = ; Mr. Rinaldi: I agree, cause I travel that road every day, 3 times a day, and= I agree it's a real dangerous spot. I'm aware of it, so when I come around that corner I usually slow do= wn in case someone is pulling out of that driveway, cause people don't know it= 's there. At the bottom of the hill it gives= you more reaction time, and things would be better.

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

&= nbsp; F. = Consider Authorizing the Acting Town Manager to Enter into and Execute on Behal= f of the Town of Watertown an Agreement with Attorney Hess as Special Counsel at a Rate of $135 Per Hour

MOTION: &nbs= p; (Mr. Mancini, sec. Mr. Walton) to authorize the Acting Town Manager to enter into and execute on behalf of the Town of Watertown an Agreement with Attorney Warren Hess for Special Counsel Services, at a r= ate of $135.00 per hour.

Discussion: = Mr. Primini: What is this for?

= ; &n= bsp; Mr. Pawlak: He would be a counsel at large, if = you will, available if we have a conflict with Atty. Pilicy. He has quite frankly, if I remembe= r correctly, he has an extensive background in land use law, so that's where we're think= ing primarily, but there's no specific project right now, just another attorney= available.

= ; = ; Mr. Primini: He's not assigne= d to any one project, just an additional?

= ; = ; Mr. Pawlak: That's correct.

= ; &n= bsp; Mr. Primini: How many attorneys are we up to now= ?

= ; &n= bsp; Mr. Pawlak: 3 I believe, 4.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 27

&= nbsp; &nbs= p; Ms. Adams: Franklin, Eric, Fr= ed, Warren.

= ; &n= bsp; Mr. Pawlak: Joe Summa.

&= nbsp; &nbs= p; Ms. Adams: I think we missed = 1 or 2, I lost count.

MOTION PASSED UNANIMOUSLY

&= nbsp; G. Consider Authorizing the Acting Town Manager to Enter into and Execute on Behalf of = the Town of Watertown an Personal Service Agreement with Pinnacle One for John Trumbull Primary School Litigation Support Services

MOTION: &nbs= p; (Mr. Mancini, sec. Mr. Walton) to authorize the Acting Town Manager to enter into and execute on behalf of the Town of Watertown a Personal Services Agreement with Pinnacle One for the John Trumbull Prima= ry School Litigation Support Services.

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

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

&= nbsp; H. Consider Temporary Wage Adjustment for Assistant Town Clerk and Secr= etary II in the Town Clerk's Office

MOTION: &nbs= p; (Mr. Mancini, sec. Mr. Walton) to authorize a 20% increase for the Assistant Town Clerk and the Secretary II in the Town Clerk's Office until such time as the office is fully staffed, retroactive to February 23, 2006.

= ; &n= bsp; Discussion: = ; Mr. Nardelli: I would also ma= ke this retroactive to February 23, 2006.

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

&= nbsp; I. &= nbsp; Consider an Appropriation from the General Fund in the amount of $21,025 to cover the cost of a new Police Vehicle that was totaled in a Motor Vehicle Accident.<= span style=3D'mso-spacerun:yes'> To offset this cost the Town recei= ved $9,755 from the Insurance Company

MOTION: &nbs= p; (Mr. Mancini, sec. Mr. Walton) to adopt the Resolution authorizing the appropria= tion from the General Fund in the amount of $21,025 for the purchase of a new po= lice vehicle.

= ; &n= bsp; Discussion: = ; Ms. Adams: Just for the recor= d, the officer was not at fault.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 28

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Right, he had made a stop and fortu= nately he was back in his car at the time he was hit in the rear end by someone co= ming south on Straits Turnpike.

= ; &n= bsp; = ; &n= bsp; Mr. Rinaldi: That $21,000 and change would = be offset by the $9,000 . . . .

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Correct, it would be about $12,000 counting that.

= ; &n= bsp; = ; = ; Mr. Rinaldi: This is just to replace the vehicle, correct?

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Correct. For the record I would not support= this cause I think we have 25 vehicles right now. If we lose this vehicle we have 24, however we have 36 serving officers which, in my opinion, is more than enou= gh to satisfy all the requirements in Town.&n= bsp; I've looked at other towns in the area of size comparable to us and = we are quite frankly we have more vehicles per man serving officer than other town, so I think were we to not replace this vehicle but rather take the mo= ney and put it into the General Fund, the Police Department would not suffer in= its ability to serve or deploy officers.

= ; &n= bsp; = ; = ; Mr. Kane: Actually I will vot= e in favor of this because the Police Department as we know, we talk about this every year at budget time, has many vehicles that are very old, have a lot = of mileage on them and are in need of new vehicles anyway, so if there's one d= own out of this fleet that's probably not up to par to begin with, then we need= to replace it, so I will vote in favor of this.

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: One of the reasons, Rob, in respon= se to what you said, is that in taking this contrary position if you will, is I h= ave looked at the last Police inventory that I requested which was in March of = this year, and I looked at all of the vehicles, and I think there are 25 of them, and I noticed the average, I went through and looked at every one of them a= nd I looked at the date they went into service and I divided that total mileage = by the number of months they've been in service to find out what the average m= iles per month was and quite frankly they're all over the lot, from a high on the patrol vehicles of $1,952 miles per month to a low of somewhere around 894 miles per month. In addition = to that there's also a vehicle which was put in service in May of 2000, a Crown Victoria, it has 42,200 miles on it and it's labeled as a spare. So it's a relatively low mileage c= ar with 595 miles a month since it's been in service and it seems to me that w= ith the vast discrepancy between what we have on average miles per month for al= l of our vehicles, if we did a better job of getting these vehicles in use and balancing out the mileage we still have plenty of utility left in our fleet= of 25 or if it were my decision, 24 cars.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 29

= ; &n= bsp; = ; = ; Mr. Kane: Miles are not the o= nly thing we should consider, you have to talk about cars, and these cars are on the road 24 hours a day and the fact that they ride them a lot harder than = you or I do when they're approaching our need to go to an emergency, so I would take more into consideration than just the mileage.

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Unfortunately we have no way of me= asuring that, I don't think there's a clock on these cars that measures motor or en= gine hours.

= ; &n= bsp; = ; = ; Mr. Primini: I know we alloca= ted another $40,000 extra for maintenance, I think our maintenance budget was up quite a bit this year, so I think it would offset it better by putting it i= nto a new car versus the maintenance of older cars. Any data on th= at?

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: I didn't get an update on the main= tenance, that's one thing I forgot to ask Frank to get for me through May.

= ; &n= bsp; = ; = ; Mr. Nardelli: The Chief and t= he Deputy Chief are here, they may have some input on that.

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Do you have the latest maintenance records or dollars spent in April or May?

= ; &n= bsp; = ; = ; Deputy Chief Gavallas: I know yo= u appropriated $24,900. We're just about out= of that. We had originally asked= for $30,000 and we'll probably hit that by July 1st, so I would say we're runni= ng about $6,000 (inaudible).

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: So are you going to come back to u= s in the middle of June or at our next Town Council meeting looking for money, w= ill you need that for maintenance?

= ; &n= bsp; = ; = ; Deputy Chief Gavallas: I'll be t= alking to Frank about that situation, I'm not sure, we = had talked about possibly appropriating some money in transfers.

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Okay, so you have some monies avai= lable in other budget accounts which don't expect to fully utilize between now and July 1st.

= ; &n= bsp; = ; = ; Deputy Chief Gavallas: Frank has indicated that might be a possibility.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 30

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: If it's not, then obviously you kn= ow where the well is.

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

= ; &n= bsp; Opposed: = Mr. Guerrera, Mr. Mancini, Mr. Pawlak

= ; &n= bsp; Abstained: None

= ; &n= bsp; MOTION CARRIED (6-3-0)

&= nbsp; J. &= nbsp; Discussion Regarding the Reconstruction of Sylvan Lake Road Project

&= nbsp; &nbs= p; Mr. Pawlak: This is a project that is scheduled= for 2010? Isn't that what the Sta= te's plan was? The original projec= t I believe, the formula for funding was 80% Fed and 20% State, and now it's 80% Fed, 10% State, and 10% us, so that will cost us about $300,000 or so.

&= nbsp; &nbs= p; Mr. Cavanaugh: This is a D.O.T. Urban Surface Transportation Program Project, STP Urban.= The project has been around since the early 90's. Back in the 70's Sylvan Lake Road was reconstructed = from Buckingham to Cobb Street. This particular project was propos= ed under the Urban program which at that time was an 80/20 split; the Federal Government paid for 80% of it, the State paid for = 20% of it. The only cost the Town incurred at that time was 10% of the right of way acquisition costs and we = were doing the preliminary engineering in house so we had some labor costs involved. It is 1 of 4 urban transportation projects that we have on the books, funded through the Counc= il of Governments. The other pro= jects are the:

· Guernseytown Phase I project, which is under= way right now, between Route 6 and East Hall Road up on Guernseytown Road.

· Guernseytown Phase II Project which is basic= ally continuing up from the Ball Farm up past Tara Farm to the top of the hill (= inaudible).

· Sunnyside Reconstruction Project which is do= wn at the intersection of Sunnyside and Falls Avenue and then further up the r= oad toward the Waterbury line.

&= nbsp; &nbs= p; Those three projects are still in the pipeline, one of them is actually under construction, the other two are somewhere in the design phase. The funding for those 2 projects <= span class=3DGramE>are not proposed to be altered at this time by the D.O.T. The Council of Governm= ents has requested that we re-evaluate whether or not we do in fact want to go a= head with the Sylvan Lake Reconstruction Project. If we do go ahead with it, they ha= ve indicated that they want to change the funding split to 80% Federal, 10% St= ate, and 10% Town, that will be all costs incurred, everything up from engineeri= ng right up to right of way acquisition to actual construction. The funding date right now accordi= ng to memorandum published in March, 2004 and the program really hasn't changed s= ince then, the program funding for the Sunnyside Construction would be in excess= of 2011 so we would be at least 5 years away from funding the actual project.<= /p>

Watertown Town Council

Regular Meeting

June 5, 2006

Page 31

&= nbsp; &nbs= p; The reason for this is because the Council of Government receives about $2,000,= 000 per year to be allocated amongst all the towns in the region for this type = of roadway project. It's distrib= uted based upon the priority established for the transportation infrastructure program. Based upon the perce= ntage of population, Watertown is possibly 10.3% of the urban area. The $2,000,000 of our "fair share" is about $200,000 per y= ear for construction costs, so based upon the $200,000 fair share estimate, the total amount that we have on the books between the projects I talked about earlier is about $5,000,000 which is being funded by the feds, or about 24 years, so we're way ahead of getting our "fair share" from the project. But they've requeste= d we take a look at Sylvan Lake.

&= nbsp; &nbs= p; Right now Sylvan Lake is on the books for $100,000 approximately construction cost estimate is 5 plus years old, so the real c= ost would be quite a bit more. If= we decide to go forward with the project tonight, and they've asked us to make= a decision in the relatively near future, I would share at some point, would = be about $300,000 for construction costs.&nbs= p; The construction costs would come due the year that we did the actual construction so what we would be doing in effect is authorizing the project= to go forward knowing at some point down the road when we= actually construct it we would have to come up with about $300,000 for funding. This would be part of the, we woul= d have a few years notice of course when it happens, so it wouldn't be part of the= 5 year capital program and we would be able to program it into the budget at = that time. It wouldn't be an unexp= ected thing, but you would be obligating a future Council to spend the money for = this particular project. Now when = I say this, if we do decide to authorize to go forth with the project tonight, we= do have the option at some point of cancelling of course during the project. If we do cancel the downside of it= is any and all monies that the State expends on the project, right away acquisition, engineering costs, that sort of thing they would send us a bill for, and that would be some unknown amount should we decide to cancel after authorizing this project to go forward.

&= nbsp; &nbs= p; Mr. Nardelli: The cancellation of that won't happ= en for a few years, right, so I mean when will the right of way acquisitions going= to take place by the State, that's not for a few years, so if the Council deci= des to move forward tonight they're not locking themselves in tonight.

&= nbsp; &nbs= p; Mr. Cavanaugh: Right, the worst thing that would h= appen, should the Council decide to go forward with this, the State would send us a contract and there would be a timetable outlined and you know, like anything else, the parties to the contract would agree to pay certain costs and cert= ain penalty phases, so you would have an opportunity to review it and agree upon that at that time and we do have the option of cancelling out, as long as t= he State doesn't incur a lot of costs, particularly in right of way acquisitio= ns because there are some easements required, potentially some property takes, that sort of thing they would be looking for that as part of the penalty sh= ould we opt to cancel out. Should = we also decide to cancel out tonight, we would have the opportunity at some point, we decide the project is worthwhile, we would h= ave the option of resubmitting and reapplying for the project to move forward.<= /p>

Watertown Town Council

Regular Meeting

June 5, 2006

Page 32

&= nbsp; &nbs= p; Now the particular project itself, as I alluded to before, there are some minor horizontal realignment, in other words, side to side, portions of the road would be raised or lowered up to 3 feet, particularly down near the lower p= art of it. One of the major porti= ons of the project is the intersection of Falls Avenue and Sylvan Lake Road, down by the park.= That's where the real guts of the project occur, they are proposing the horizontal realignment at the interse= ction of Falls Avenue and Sylvan= Lake Road to make it safer. The road at that point would actua= lly be raised about 3 feet and it would act somewhat as an impoundment. If you're familiar with the rainfa= ll of the last couple of weeks, in that area of Town which floods every single ma= jor storm in that Falls Avenue intersection with Sylvan Lake Road, there's two radically undersized culverts there which would be replaced as part of this project (inaudible) further up the road.&n= bsp; So we do have a significant flooding problem down there, which is the bad news. The good news is th= at area down there if you're familiar with it, there are a couple of other rou= tes out of there, you've got DiNunzio Road, Bushnell Avenue, you've got a coupl= e of other ways so (inaudible) cut it off at Sylvan Lake, it's not like their isolated or trapped in that area. There are other means of egress and other ways of providing EMS services so while it is a flooding event, it's not a catastrophic thing. We haven't lost the road yet so th= at is one of the downside.

&= nbsp; &nbs= p; Should the Council decide to cancel the project tonight, there will be a couple of= other avenues to explore. The most significant problem as I alluded to earlier down there is the drainage prob= lem, the 3 box culverts. We do hav= e the option for applying for these box culvert replacement under the Local Bridge Program should we so choose. The Local Bridge Program is fully = funded by the State right now, and it's a reimbursement program, so the State pick= s up about 1/3 of the cost of the project. The cost for replacing the 3 box culverts would be about $600,000 us= ing today's dollars. The Town wou= ld be on the hook, using the cost sharing formula for the Local Bridge Program for about $400,000 which is almost in round terms the same as the entire 10% for the Sylvan Lake Project.

&= nbsp; &nbs= p; Mr. Pawlak: But it's not as much bang for the b= uck.

&= nbsp; &nbs= p; Mr. Cavanaugh: Right, but it would replace the most obvious problem. There are two other options: Engineering al= ways has the option of doing nothing, should we so choose, and the third option = is there's a potential for what they call a hazard mitigation (inaudible) down the road. This would be an 80/20 split, this is not a definite program, it's n= ot definite that the money would be available, the State doe= sn't even have the money yet. What happens whenever they have these FEMA declared emergencies, the State takes= a certain percentage of the federal monies off the top and they're building u= p a pool of cash which they're anticipating awarding (Tape #2, Side A ended - m= ay have issued some) intersection has been identified under our hazard (inaudi= ble) which is nearing final approval as being an area of concern to the Town bec= ause of our flooding so that means it would be eligible for a hazard mitigation grant to take care of the program should that grant money become available,= but there are no guarantees at this point, they haven't announced the guideline= s, and they haven't announced the fact that they are in fact going to take car= e of that.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 33

&= nbsp; &nbs= p; So these are some of the options to talk about under the Urban Transportation = Program. Council of Governments has recomme= nded, given the current funding balance and the fact that they are not prepared to commit anything to this project, at least until the year 2011 or 2012 which= is as far as it's gone out, all they'll say is Sylvan Lake is beyond that poin= t, they recommended that we consider cancelling and reapplying and focusing our efforts on other areas. The D= .O.T. has told us, indicated through their Project Manager that it's a Town decision = and a C.O.G. decision, it's up to the board whether or not the Council wants to apply for the money or carry it forward with the project, they have no particular stake in it, they're just funding it through the Council of Gove= rnments.

&= nbsp; &nbs= p; Mr. Pawlak: Are there any other projects that w= ould have a higher priority within the Town than this particular one?

&= nbsp; &nbs= p; Mr. Cavanaugh: I'd like to say, one area of concer= n that keeps coning up in my mind is Bunker Hill Road, soup to nuts. The reason I say that is because w= e've got about 450 or 500 depending on how many housing units being built on that right now. Bunker Hill Road i= s a minor urban, an arterial, it's overloaded now, traffic and speed is bad now, and 7 hills is simply not designed for the type of loading that we've got n= ow, never mind what's going to happen when we get in our $450,000. I did mention that possibility to = the C.O.G. and after I scraped the Director off the ceiling, he did agree to at least consider our request, but he would not be happy about putting another project into the pipeline, but in my mind we have a potential, given the gr= owth out there, maybe experiencing some problems. We've already seen some accidents = out there, Barnes, Bell Meadow, and we're trying to address it piece mail, but I just wonder if a more proactive approach would be going down the road considering that.

&= nbsp; &nbs= p; Mr. Pawlak: You're talking about the area from Straits Turnpike out to about Quassapaug Road?

&= nbsp; &nbs= p; Mr. Cavanaugh: Yes, not between Waterbury, I'm talking about from Strai= ts basically. It's really not th= at bad out to Middlebury Road, it's when you get into the 7 hills is where you're experiencing some significant traffic congestion, the site line is poor, yo= ur horizontal and vertical geometry is poor, going down the road I just see th= at as being one of our issues. A= nother perennial favorite is the = Main Street bypass and that's much less of safety i= ssue or a priority in my mind. I d= on't really see any other safety issues, given the type of growth that we're see= ing and the accident records that we're seeing. The 3 worst intersections are Colonial Avenue at Davis Street, it's = Depot Street at French Street, and then Falls Avenu= e and Sunnyside. In one way or anot= her we've already addressed those 3 so I just wonder if I guess what I'm saying= is I really have no strong feelings about the Sylvan Lake project one way or another. I= t's a worthwhile project, it's a worthy project, is it the highest priority at th= is point? I don't know, but it i= s in the pipeline and getting $.90 on the dollar is better than getting nothing = on the dollar, there would be some significant benefits and improvements. I don't know if we could get Bunker Hill in the pipeline, but certainly we could= ask.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 34

&= nbsp; &nbs= p; Mr. Pawlak: Couldn’t we substitute the Bu= nker Hill for the Sylvan Lake? When you said they wanted us to lo= ok at it, who was they?

&= nbsp; &nbs= p; Mr. Cavanaugh: They being the Council of Governmen= ts because they're the ones that hold the purse strings.

&= nbsp; &nbs= p; Mr. Pawlak: Is it in fact an option that we can substitute one for the other?

&= nbsp; &nbs= p; Mr. Cavanaugh: No, well we would have to submit Bunker Hill on its own merit get it approved, get i= t in the pipeline, and then go through the whole process. One of the tie ins for that is the Plan of Conservation and Development. We are looking at upgrading the ro= adway classification for that to reflect the growth out there and the fact that t= he urban area decides in trends and terms that Watertown is growing, and growing out t= hat way towards Woodbury, and that's based strictly on population density. As soon as they factor in all the subdivisions out there and the restricted housing units, then we're going to see some growth.

&= nbsp; &nbs= p; Mr. Rinaldi: Right now my reason for concern wou= ld be a couple of things. If we dec= ided to stay with the project, and knowing Watertown this will be a referendum i= tem, if this thing got off the ground and it went to referendum and failed, we'd have to reimburse the State for any expenses that they've . . . .

&= nbsp; &nbs= p; Mr. Cavanaugh: Right, if the Town proceeded we'd b= e breaking the contract that they send out. At that point they would be looking for reimbursement, especially for right of= way acquisition costs. They've al= ready indicated, like Sunnyside that the clock is ticking. They being the D.O.T. is under pressure from the Federal government for greater accountability and stricter controls about all of these projects as a result of some of the others.

&= nbsp; &nbs= p; Mr. Rinaldi: Now the upside is, if we reapply we have the possibility of picking up some grants for the cul= vert work down at the bottom of the hill, correct?

= ; &n= bsp; Mr. Cavanaugh: Yes. We have the possibility of FEMA or should we decide to go the Local Bridge route option= , we would be on the hook for 2/3 of the cost or about $400,000 in today's dollars. Again it could eithe= r be a referendum items should we decide to go forward or we could live with the flooding or look at the FEMA as a possibility rather than making a referend= um item, just making a large chunk, taking our LOCIP money and combining it wi= th Town Road Aid money for that year, maybe that's our way of funding as part = of the regular annual budget without incurring area hit from the taxpayers.

= ; &n= bsp; Mr. Pawlak: So it's either on= e or the other, we either go with the Sylvan Lake Road if we choose to or the culvert rebui= lt, and not combine together. One= is $600,000, the other is probably going to be $3,000,000?=

Watertown Town Council

Regular Meeting

June 5, 2006

Page 35

&= nbsp; &nbs= p; Mr. Cavanaugh: Right, total construction costs. We haven't finalized the actual construction estimate because we haven't submitted the preliminary design y= et because they put it on hold, but the share is about, the total dollar value= out of the Town would be about the same at this point, just like you said, you = get a lot less bang for the buck.

= ; &n= bsp; Mr. Nardelli: That $3,000,000= , Roy, is that in to= day's dollars?

= ; &n= bsp; Mr. Cavanaugh: Yes.

= ; &n= bsp; Mr. Nardelli: And we're talki= ng 2011 when construction . . .

= ; &n= bsp; Mr. Cavanaugh: 2011 plus.

= ; &n= bsp; Mr. Nardelli: So that $3,000,= 000 is going to be . . . .=

= ; &n= bsp; Mr. Cavanaugh: Yea, but I can= only talk in today's dollars. Appl= es to apples, that's the magnitude of what we're looking at.

&= nbsp; &nbs= p; Mr. Pawlak: This is not on the Agenda as an ac= tion item, it's strictly there for discussion and I would prefer to leave it that way and let the Council members mull this over. I suspect that if we wait another 2= weeks before we make a decision, it won't be a deal breaker.

&= nbsp; &nbs= p; Mr. Cavanaugh: (Inaudible) that's the Council's decision. Right now they've requested a decision and we let them know.= They keep pushing us cause they want an a= nswer.

= ; &n= bsp; Mr. Pawlak: This is the first= I've heard of this one. Does anybo= dy else remember it?

&= nbsp; &nbs= p; Ms. Adams: (Inaudible) yea.

&= nbsp; &nbs= p; Mr. Cavanaugh: It's been discussed. They set a very aggressive time . = . . . this is the first I've ever seen a letter from the D.O.T. giving us 2 weeks= to respond.

= ; &n= bsp; Mr. Pawlak: 2 weeks from when= ? From now?

= ; &= nbsp; Mr. Cavanaugh: (Inaudible) 2 = weeks ago we got the letter and they wanted a response by the 17th and we told th= em we went to the subcommittee, they discussed it and said when the Town Counc= il meets we'll at least evaluate this, and I said I'd present it to the Town Council and they said okay.

&= nbsp; &nbs= p; Ms. Adams: Actually the first part of that wa= s we begged them to, grandfather us in, that was the first request.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 36

= ; &n= bsp; Mr. Cavanaugh: I first replie= d back (inaudible) made a formal request, let's keep the funding the way it 8is ri= ght now, we're happy . . . (inaudible).

= ; &n= bsp; Ms. Adams: To grandfather us = in cause we've been on the books for so long.

&= nbsp; &nbs= p; Mr. Cavanaugh: We'd like to do it; they came back= , said absolutely not, and gave us 2 weeks to respond. We don't have a Town Council meeti= ng for 2 weeks.

= ; &n= bsp; Ms. Adams: When this project = was originally devised, back in the early 90's, if you looked at what was getti= ng developed, it was subdivisions off of Sylvan Lake Road that were being developed. Now if you look at the area of Sylvan Lake Road, you have, it's fully flushed out for the most part in that area. Back then Bunker Hill was all farm= land, cows and corn and things like that out there, where we had a realization, especially the Planners in Town that that was going to be an area in the fu= ture of development. I don't think anyone could have projected how quickly all of this would come to fruition = in a very short period of item. Ma= ybe the past 16 months all of this has really come on the books. We've also had residents in the ar= ea of Bunker Hill besides the high accidents that just seem to be getting more frequent, site line issues, you've got humps there that people can't see ov= er, you've got cars that are going way too fast for conditions, and I think tha= t as far as us taking another look at this, I honestly believe that Bunker Hill = is our next major project to focus on, as compared to Sylvan Lake which is pre= tty much flushed out. As far as accidents, go, there's not too many problems with site lines, you really do= n't need to widen that out that much in that many areas. My concern is Bunker Hill and the residents' safety.

&= nbsp; &nbs= p; Mr. Pawlak: Of course B= unker Hill is not, that's something that we would have to start the process from scratch on that one.

= ; &n= bsp; Ms. Adams: But there's probab= ly, again, with the frequency of the accidents that's all part of this also is = like especially Falls Avenue, Sunnnyside being the #1, it was accidents with injuries and we're seeing more and more of that out on Bunker Hill.

&= nbsp; &nbs= p; Mr. Primini: When we discussed this at Public W= orks, I don't like the idea of committing a future Town Council the money you spe= nd, however, the 5 years we've been together on the Public Works Subcommittee, a lot of these projects we've reviewed, you're looking they take 10 to 20 yea= rs from conceptual stage by time they actually come to be and I personally hat= e to take this off the books right now, because I'm afraid if we scrap this one = and go with Bunker Hill, it will be another 15 or 20 years by the time we get m= oney for that, so I agree with what Frank said before, we're not committing ourselves right now, we still have some time. I'd rather keep this on the books.= If we're getting more than our fair share from C.O.G., that's the first time I've ever heard we're getting more than our fair share from anybody with the State, and since the early 90's t= his has been going, so we're talking by the time it would actually take place w= ould be about 20 years, so I'd hate to take it off the books right now, especial= ly flood control down in that area, that is one of our biggest problem areas f= or flood control, that road gets blocked off down that way so I'd still like to keep it on the books for now. That's my opinion.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 37

&= nbsp; &nbs= p; Mr. Rinaldi: If we leave it on the books, and we apply for another project, will this jeopardize the other project?

&= nbsp; &nbs= p; Mr. Cavanaugh: No, because each project is a stand alone project. They try to al= locate the costs, fair share amongst the population, but they rate it on a variety= of rating factors. Once they acc= ept it then they put it in the funding channel so it's just a matter of it, a lot = of it is just timing. Guernseyto= wn One for instance was ready to go for awhile but because West Main Street in Waterbury was so far over budget and time, our project get kicked back, and= one of the other town projects got moved up, not our town unfortunately because Naugatuck withdrew their project, and they had a project ready to go, and that's the reason one of the Waterbury projects went, so a lot of this has = to do with timing. The next step= if we told the D.O.T. yea, we want to keep it on the books, they would send us a contract to evaluate and take a look at or if we told them to drop it with reservation, we could apply for it should we so choose, or we could apply f= or Bunker Hill instead should we so choose.&n= bsp; We have a whole variety of options out there, I know I did hit you with a lot of information in one sitting.

&= nbsp; &nbs= p; Mr. Kane: How much have we spent on this pro= ject so far?

= ; &n= bsp; Mr. Cavanaugh: To date most o= f the work has been done in -house. The project costs out for consultants aside for the Town labor for the survey i= s a couple hundred dollars for the soil scientist and somewhat less than $2,000 for so= il borings. So there hasn't been= a lot of out of pocket expenditures, there's been a lot of hours spent in house, = man hours. And we don't have a pr= oject accounting system so I can't even begin to estimate how many hours we spent= in house on this.

&= nbsp; &nbs= p; Mr. Mancini: I'd be more in favor of doing Bunk= er Hill cause I've seen Barnes Road and Bell Meadow, and you can't even see a car coming when you're turning into Bell Meadow from Bunker Hill but I wouldn't want to delay the project at Sylvan Lake either. Why couldn't we do something at Sylvan Lake and in the meantime, c= ause I mean it'll probably take 10 yeas to get Bunker Hil= l even going, 20. We might as w= ell 10, 20 years, get something . . . . let's do Sylvan Lake and if we're going to spend $300,000 in today's money for the complete job = at Sylvan Lake, or $400,000 for a partial job, it sounds like a no brainer to me to spend t= he $300,000 and do the whole thing. My only fear there, Roy, is the widening of t= hat road, will it be a raceway, that's the only fear I have about Sylvan Lake. You're going to make it flatter, smoother, and wider, you'll make it one heck of a raceway, but I think we should go with the overall project at Sylvan Lake.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 38

&= nbsp; = ; Mr. Cavanaugh: The widening is going to be relatively minor because right now it's designed, well it was designed back in the 70's for a 25 mph speed, we're still proposing to the D.O.T. that we keep the design speed on the upper portion at 25, and that's more a matter of economics, because the higher the speed, the more land you need and more better site lines and the costs go up radically because it is= an established neighborhood, so a lot of houses close to the road. Further down as you go down the hi= ll, we're proposing to widen out, kick out the design speed to 30 or 35 mph. Again it's a mater of economics, it wouldn't cost that much money comparatively speaking to get the bang for= the buck down there. 3 foot lower= , the biggest site improvement you're going to see is at Falls and Sylvan Lake, t= he next biggest would be at Norway, it's kind of dangerous coming out of Norway looking left or right, but yea, it's going to be a little bit easier to be a speedway, every time you do a roadway project you design for 25 and I think= the traffic studies we show it seems like the 85th percentile is somewhere arou= nd 40 or 45.

= ; &n= bsp; Mr. Pawlak: Would these proje= cts include the construction of traffic calming devices, much like rumble strip= es and things like that that we've discussed in town?

&= nbsp; &nbs= p; Mr. Cavanaugh: Right now traffic calming hasn= 't been incorporated in this particular project. No, there are no islands, no, they have not been included as of this date.

&= nbsp; = ; Ms. Adams: How old is the pro= ject (inaudible).

&= nbsp; &nbs= p; Mr. Rinaldi: What happens if we don't do anythi= ng by 2011 if the project is still in limbo?&nbs= p; What if the project is still hanging out there 6 years from today?

&= nbsp; &nbs= p; Mr. Cavanaugh: It's going to take probably 5 year= s to get through the whole design and review process with the D.O.T. There is a preliminary design, (in= audible) design, final design, and then bid docs.&n= bsp; Each one of those takes a year or better to get through the process = if you attack it aggressively. S= o you are looking at, that would be part of the normal design process. We don't even have the preliminary design approved yet, they haven't even signed off on the 25 mph or 30 mph so 2011 would be the normal progression for this sort of thing. D.O.T.'s frustration comes in the = fact that this project has been on the books since the 90's and they just haven't seen a lot of progression, so if we do proceed with it, we have to hire an engineer to get it going.

&= nbsp; &nbs= p; Mr. Pawlak: So if it's still hanging around in = 2011, it's still hanging around. It= 's just going to be there until it gets done?

&= nbsp; &nbs= p; Mr. Cavanaugh: It will be there until it gets done= . We'll probably spend some money on engineering design costs, at each particular design submission.

&= nbsp; &nbs= p; Mr. Pawlak: Any other questions? Let's do a motion to amend the age= nda to include this as an action item.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 39

MOTION: &nbs= p; (Mr. Rinaldi, sec. Mr. Mancini) to Add Agenda Item 11P, Regarding Disposition of= the Sylvan Lake Road Project.

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

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

= ; K. Considering Entering into an Agreement with Louis Berger Group for Phase I Environmental Site Assessment of the Pin Shop Pond

= ; &n= bsp; MOTION: (Mr. Mancini, sec. Mr. Walton) to authorize the Town Manager to enter into an agreement with Louis Berger Group for Phase I Environmental Site Assessment= of the Pin Shop Pond, to be funded from a grant from the Valley Council of Governments, Brownfield's Pilot Program.

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

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

= ; L. = Considering Authorizing a Bid Waiver and Authorizing the Town Manager to enter unto and execute on behalf of the Town of Watertown a Contract Amendment with regard= to a Construction Participation Agreement with Heritage Development for the Wattles Brook Interceptor Project

= ; &n= bsp; MOTION: (Mr. Mancini, sec. Mr. Walton) to Authorize a Bid Wai= ver and Authorize the Acting Town Manager to enter unto and execute on behalf of the Town of Watertown a Contract Amendment.

= ; &n= bsp; Discussion: = ; Mr. Nardelli: Atty. Palladino= is here as well as Bob Houlihan from the Heritage Development Group.

= ; &n= bsp; = ; &n= bsp; Atty. Palladino: Essentially what we're trying to do= , is in this small window of time we have, Summer, get the portion of the project done that would interfere with Swift Middle School so that we're not duplicating work and we're not tearing up pavement twice and replacing it.<= span style=3D'mso-spacerun:yes'> Heritage really has come forward a= nd been of assistance in terms of making this happen, when they really didn't = have to, but in good faith they are showing us that they are willing to help us = and I think it's worthy of the Council's consideration. The percentages are the same in te= rms of the project. The bonding is n= ot done yet and as a result of that we would need a Special Town Meeting to appropriate some funds, I believe it's $67,760 o= n June 19th, but barring any unforeseen problems, we should be able to get it done between the period of June 20th and August 17th.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 40

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: My understanding is that this will = not adversely change the amount for which the Town is on the hook for the total project?

= ; &n= bsp; = ; = ; Mr. Nardelli: That's correct, it's all part of the total cost of that approximately $2,000,000.

= ; &n= bsp; = ; &n= bsp; Atty. Palladino: And it's important to note that Her= itage is doing this before they have their final approvals, so they really are stepping up to the plate here.

= ; &n= bsp; = ; = ; Ms. Adams: Has Water & Se= wer approved this?

= ; &n= bsp; = ; = ; Mr. Nardelli: It's going to g= o to the Water & Sewer Authority at their June 14th meeting, for approval.

= ; &n= bsp; = ; &n= bsp; Atty. Palladino: Frank Jodaitis has been involved in= the process.

= ; &n= bsp; = ; &n= bsp; Ms. Adams: I was just wonderi= ng if they had approved this. Are we putting the cart before the horse here?

= ; &n= bsp; = ; = ; Mr. Nardelli: It's a timing i= ssue, because we have to move at the Council level, and then we were going to present it = to the Water & Sewer Authority. Frank Jodaitis could not be here tonight, cause<= /span> he's been out for awhile. If = the Water & Sewer Authority then moves, also on the agenda we're going to s= etup a Special Town Meeting on June 19th to appropriate the funds for this.

= ; &n= bsp; = ; = ; Ms. Adams: So it's (inaudible) contingent upon Water & Sewer approval?

= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: Yes, that's correct.

= ; &n= bsp; = ; &n= bsp; Mr. Rinaldi: This money will be reimbursed, corr= ect?

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Yes. The project is $2,036,000 and we'r= e what 54%?

= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: Right.

= ; &n= bsp; = ; = ; Mr. Pawlak: 54% of $2,036,000 that's our share, anything over that Heritage is picking that up.

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

June 5, 2006

Page 41

= ; M. Considering the Consolidation of Voting Districts for the Upcoming Election Season<= /p>

= ; &n= bsp; MOTION: (Mr. = Mancini, sec. Mr. Walton) to approve combining of the regular polling places of Swift Middle School<= /st1:PlaceType> and Polk School to one voting location at Polk School for the prim= ary to be held on August 8, 2006 and the elections to be held on November 7, 2006.=

= ; &n= bsp; Discussion: Mr. Primini: Parking concerns (inaudible) cause= I know that's always been a problem at Polk School.

= ; &n= bsp; = ; = ; Mr. Mancini: I've voted there= at the last 2 elections and there's not a problem.

= ; &n= bsp; = ; = ; Mr. Primini: We've had quite = a few complaints in the past with senior citizens now having parking there, so I = just think that should be addressed. That's come up several times before about seniors parking near the entrance door.

= ; &n= bsp; = ; = ; Mr. Pawlak: Do we have an alternative? We just had a referendum held there. The re= ason why we do this is because the Secretary of State requested we do this, for = the election, so I don't know what the situation is for the referendum.

= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: I believe we hired a police officer during the referendum hours to control traffic. If we could do that again, obvious= ly if we think there's a traffic problem there.

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: This is just my opinion, but for the primary in August, I suspect it's going to be a very small turnout.

= ; &n= bsp; = ; &n= bsp; Mr. Kane: The primary is only on the Democratic side. Only half the electorate.

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Right, so it's going to be very small. We can take care of th= at when we have that primary, if we need a police officer.

= ; &n= bsp; = ; = ; Mr. Primini: I just think that should be taken into consideration before we probably double the amount of people in there.

= ; &n= bsp; = ; &n= bsp; Mr. Mancini: Suggest that the workers don't park= in front.

= ; &n= bsp; = ; = ; Ms. Adams: No, they're good, = they park on the side.

= ; &n= bsp; = ; &n= bsp; Mr. Mancini: I usually vote at Swift, but the la= st 2 times I voted there I was able to pull right in, I don't have a problem.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 42

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: School will be out too, August= 8th.

= ; &n= bsp; = ; &n= bsp; Ms. Adams: I think the thing is going to be fo= r the November election, that the school board doesn't schedule any in-service at= Polk School, so maybe a request goes to them suggesting they use the other schools, cause definitely the Governor will he a higher turnout= than our referendums do.

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

= ; N. Consider Setting a Special Town Meeting to be held on June 19, 2006 at 7:0= 0 p.m. to consider an Appropriation in the amount of $67,739 from the Water & Sewer Department Fund, to fund the Town's portion of the Wattles Brook Sewer Interceptor Project relative to the area of the Parking and Driveway Area o= f Swift Middle School

= ; &n= bsp; MOTION: (Mr. Mancini, sec. Mr. Walton) to set a Special Town Meeting to be held on June = 19, 2006 at the Watertown High school Technology Room at 7:00 p.m. to consider = the appropriation of $67,739 from the Water & Sewer Debt Fund to fund the Town's portion of the Wattles Brook Sewer Project relative to the portion of the project in the Parking and Driveway Area of Swift Middle School.

= ; &n= bsp; Discussion: Ms. Adams: And again, this is contingent upon= Water & Sewer's approval.

= ; &n= bsp; = ; &n= bsp; Mr. Pawlak: Right.

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

= ; O. Consider a Motion to approve the Settlement of the Waterbury Water Billing Dispute through June 30, 2006

= ; &n= bsp; MOTION: (Mr. = Mancini, sec. Mr. Walton) to approve the settlement of the Waterbury Water Billing Dispute through June 30, 2006 based upon Waterbury accepting the amounts paid, and 75% of future amounts billed for period end= ing June 30, 2006. No additional payment from either party will be sought or paid and Waterbury Water Staff = and Watertown Water Staff will develop a memorandum of agreement for future Waterbury Water Billing to cover future period beginning July 1, 2006. This settlemen= t, subject to a final settlement agreement, approved by respective legal couns= el and municipal authorities.

= ; &n= bsp; Discussion: Ms. Adams: So we're going to have another opportunity to review this then, once they come up, this is just a motion f= or settlement that we will in turn get the full agreement instead of just (ina= udible) statement?

Watertown Town Council

Regular Meeting

June 5, 2006

Page 43

= ; &n= bsp; = ; &= nbsp; Atty. Pilicy: This essentially could be the = full agreement. The basic concept = is to end the debate over how much Watertown owes Waterbury or how much Waterbury owes Watertown on these water billings, but I don't anticipate that an agreement would be a long, drawn-out agreement, it would be a few paragraph= s, because essentially what Waterbury appears prepared to accept is that Water= town Staff, during 1994, spent a great deal of time on its own to try to determi= ne what the correct amount of the Waterbury water bills would be based upon appropriate criteria and excluding some of the additional items included in= the Waterbury costs. And coincide= ntally or maybe not so coincidentally it was estimated that approximately 75% of <= st1:City w:st=3D"on">Waterbury water billing was the correct amount based= upon Watertown's revie= w of the billing components. And throu= gh all of these years Waterbury has been cooperative up to a point, and by that I mean, at the staff level that worked very cordially and very closely with Watertown staff to agree, #1, that the procedures established in the 1989 contract were not workable and neither party, particularly on Waterbury's s= ide, kept track of their water expenses in accordance with the formulas described and contained in the agreement, so it was virtually impossible to establish billing based upon the formula in the original contract. But the staffs did work together t= o come up with a chart of accounts and that was largely based upon the charge of accounts and the accounting provided in the DPUC reports that are filed on = an annual basis by every water company in Connecticut. And so up to a point it was agreed= that #1, the old method did not work and #2, the new method could be agreed upon= quite easily at staff level, but there were 2 big components of the billing that = Waterbury (Tape #2, Side B ended - may have missed some) settlement was Mr. Jodaitis doing a great deal of work. I believe that Mr. Jodaitis did more work than even the Waterbury staff and h= ad a better understanding of the complexity of it and was capable of reducing it= to basically layman's language, and it seems that Waterbury, to a large extend= has (inaudible).

= ; &n= bsp; = ; = ; Ms. Adams: (Inaudible) Water = and Sewer Authority have been paying 25% more in anticipation that we may have = to pay the full costs that Waterbury is insisting upon, and by coming up with = this agreement they're saying okay, you put in "x" amount of dollars, we'll take 75% of that, we'll call it a day, and we'll go on.

= ; &n= bsp; = ; &n= bsp; Atty. Pilicy: Well as far as how much additi= onal Watertown has paid= and how much has been cushioned, or escrowed or put aside, I'll leave that to the F= inance Department.

= ; &n= bsp; = ; &n= bsp; Ms. Adams: Yea, you notice I went percentag= es, not exact dollars.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 44

= ; &n= bsp; = ; &n= bsp; Atty. Pilicy: But the answer is yes= . This agreement has to be approved = at several levels in Waterbury as well, and w= e're not sure where Waterbury is in the process of approval, so this is not a done deal until both sides approve it. It has been appro= ved by Water & Sewer, it was presented at an earlier Council meeting during Executive Session just so that the Council would know that it's out there, with a view of possibly voting on this tonight. I did expect when we were last her= e, Mr. Jodaitis could not make it due to a personal commitment, and I did expect t= hat he would be here tonight and I was hoping he would be here tonight because = my understanding is that he supports this and could explain in greater detail = the money parts of it, and again I don't know that there is any great urgency to vote tonight, but on the other hand if we were to put it off another meetin= g, I don't know that Mr. Jodaitis would be here for that meeting either.

= ; &n= bsp; = ; = ; Ms. Adams: I think it's impor= tant that we do talk to Mr. Jodaitis regarding the dollar amounts attached here,= but I think in the concept of doing this and showing good faith to Waterbury that we = should proceed tonight, but I definitely want to talk about t= he dollars.

= ; &n= bsp; = ; &n= bsp; Atty. Pilicy: Well maybe Mr. Nardelli has some in= put on the dollars.

= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: When the auditors do the audit every year, we basically book the full, when I say book, 7 Accounts Payable for t= he full bills that have been received from Waterbury so there is an accounts payable on the books in the appropriate funding to pay that off once this became settled.

= ; &n= bsp; = ; = ; Ms. Adams: I want to talk abo= ut the surplus.

= ; &n= bsp; = ; = ; Mr. Nardelli: You want an act= ual dollar amount?

= ; &n= bsp; = ; = ; Ms. Adams: I would like to ta= lk about the surplus. Not tonigh= t, but . . . . . I think it's important that we know and the public knows, the use= rs in the system know exactly what this means to them and how we should proceed with the surplus dollars.

= ; &n= bsp; = ; &n= bsp; Mr. Primini: It sounds like any surplus gotten e= aten up by legal fees anyway.

= ; &n= bsp; = ; &n= bsp; Atty. Pilicy: Actually that's not true, but the a= mount of legal time spent in getting to this point has actually been quite modest. Mr. Jodaitis did an a= wful lot of work here, he really did.

= ; &n= bsp; MOTION PASSED UNANIMOUSLY

Watertown Town Council

Regular Meeting

June 5, 2006

Page 45

= ; = ; Atty. Pilicy: I will report bac= k once I determine the status of Wate= rbury's approval process. Thank you.<= /p>

= ; P. = Disposition of the Sylvan Lake Road Project

= ; &n= bsp; MOTION: (Mr. Mancini, sec. Mr. Walton) regarding the disposition of the Sylvan Lake Road Project to agree to proceed with the project.

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

= ; &n= bsp; In Favor: &= nbsp; Mr. Guerrera, Mr. Kane, Mr. Mancini, Mr. Pawlak, Ms. Plowman, Mr. Primini, Mr. Walton

= ; &n= bsp; Opposed: = Ms. Adams, Mr. Rinaldi

= ; &n= bsp; Abstained: None

= ; &n= bsp; MOTION CARRIED (7-2-0)

= ; MOTION: (Mr. Mancini, sec. Mr. Walton) to Add Agenda Item 11Q, Concerning Sprint Tower on Route 6.

= ; Discussion: None<= /p>

= ; MOTION PASSED UNANIMOUSLY

= ; Q. Sprint Tower on Route 6

= ; &n= bsp; MOTION: (Mr. Mancini, sec. Ms. Adams) to set a Public Hearing date for June 19, 2006 at = 6:30 p.m. to hear input from the residents for the proposed Spring Tower project.

= ; &n= bsp; Discussion None

= ; &n= bsp; MOTION PASSED UNANIMOUJSLY

= ; &n= bsp; Atty. Pilicy: On the public hearing for the cell = tower, (inaudible) Mr. Nardelli know exactly what (inau= dible) published once or twice?

= ; = ; Mr. Pawlak: Well let's do it = twice, in the interest of making sure everybody sees it twice.

= ; &n= bsp; Ms. Adams: Yea, say within a 2/10 of a mile r= adius, I know there's a lot of farmland out there, but let the residents know.

= ; &n= bsp; Mr. Pawlak: What would you suggest, a mail= er of some sort?

Watertown Town Council

Regular Meeting

June 5, 2006

Page 46

= ; &n= bsp; Ms. Adams: Yea, if we could just mail the= m a copy of what Franklin gave us along with . . . .

= ; &n= bsp; Atty. Pilicy: You'd have to determine the specific distance (inaudible) notice.

= ; = ; Mr. Pawlak: Any suggestions?<= span style=3D'mso-spacerun:yes'> Somebody threw 2/10 of a mil out.<= /p>

&nb= sp; Ms. Adams: Yea, cause they're= the ones that . . . .

&nb= sp; Atty. Pilicy: (Inaudible.)

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

12.&n= bsp; Public Participation

Donna Masi, 33 Pleasantview Street, Oak= ville, CT&nbs= p; 06779

= ; Ms. Masi: Mr. Chairman, if you would just recap for me with regard to the Ethics Complaint and it's my understanding that the two commissioners involved, Gary Martin and James Lukasavage, have recused themselves from any discussions and actions on the Plan of Development and any zone change?

Mr. Pawlak: No, they've recused themselves fro= m any discussions or actions on the Plan of Development as it would pertain to property, if I understood it, which would directly or indirectly impact the= m or any of their families. I mean= as far as the Plan of Development is concerned, anybody in Watertown who served on that Commission= could be impacted one way or another, but that's the way I understood the letter.=

Ms. Masi: So you're just talking about the si= te specific 100 acres?

Mr. Pawlak: Right.

= ; Ms. Masi: As I sit here this evening it concerns me that, Mr. Chairman, you censored the public participation portion of this meeting by saying that you would not entertain any comments with regards to the ethics complaint. I don't think that is the action o= f a Council that is open to the public and willing to hear what the public says. That being said I'd lik= e to make a few comments with regard to our ethics complaint. Our ethics complaint is not flawed= . Under Section 3.5 upon complaint o= f any person you shall investigate this complaint. Now the forms, as I was told by the former Town Manager, was just a letter, and that's what I gave you was a le= tter with all of the statements, all of the evidence, and I did not take signing= my name to that letter as President of the Concerned Citizens lightly. We also gave you evidence that sup= ported the information that was in that letter.&n= bsp; It was all factual. It= was not a false statement; I would not have signed it if it was. Also, as far as I'm concerned with confidentiality, that's Section 3.6, only pertains if to the Town Council, = if they undertake an investigation and the dealings of the subcommittee once t= he investigation is undertaken. = It says nothing there that the public has to make a confidential inquiry or et= hics complaint. This is a viable e= thics complaint, as I have said.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 47

What concerns me most, one of the things is, we went to several meetings where t= hese 2 commissioners were acting on this plan, and myself in the general meeting, generally speaking at the meeting of December, 2006 just said we have two commissioners that have a conflict of interest that will benefit from actio= ns of this zone change and they need to recuse themselves, they refused. They refused when they were privat= ely told that by other members of the Commission. They refused again on May, 2006. The only way and the only reason t= hat they have now recused themselves is because this= is indeed public. This ethics complaint was made public to the Council.&= nbsp; We had no other recourse but to come to our elected officials in ord= er to take care of this very serous and quite unpleasant issue. I've had the complaint since 2005 = and we didn't file it until just recently because we were hoping that these 2 men would step up to the plate and recuse themselves= on an issue where they had a vested interest; they did not. And the only reason they're doing = it now is because it's been made public.

One of the last points I want to make is there should have been no reason why a private organization had to bring this complaint to your attention. You are the Town Council, you know= who is on the boards and commissions, you know what's going on, you should have taken up this investigation confidentially by yourselves. You didn't do that. This happened on your watch, that we had to bring an unpleasant situation out into the public and basically air our dirty laundry in the public eye. And the fact that you're saying be= cause there are technical issues with the complaint, that you wouldn’t investigate, is outrageous. T= he citizens of this community have no other recourse but to come to you to make sure that their rights are taken care of.&= nbsp; Who else can protect? = Who is out there protecting our rights if you won't?

Colin Adams, 18 Hadley Street, Oakville<= /st1:City>, CT&nbs= p; 06779

= ; Mr. Adams: Mr. Chairman, I wa= nt you to reflect back a short period of time, can you remember the Konover propos= al to the Town Council?

Mr. Pawlak: Sure.

Mr. Adams: I happened to be sitting in close vicinity of you, and right after that proposal, you had gotten up and said = well I'm all for this. That bother= ed me. So what I'd like to do is basically ask you first of all how the Town Attorney got involved in this ethics complaint? The first t= hing I would like to do is, through the Chair, ask a few other Council members a couple of questions about the ethics policy, if it's okay with you, sir?

Mr. Pawlak: If they choose to answer.

Mr. Adams: Sure. Bob, you signed this, am I correct= , you were part of the Commission that created this ethics complaint formula and system?

Mr. Kane: No, I was not part of the Ordinance= Committee, I was Chairman of the Council at the time i= t was passed.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 48

= ; Mr. Adams: But you were famil= iar with the content of what was discussed and the process as far as the ethics ordinance?

Mr. Kane: At the time, yes.

= ; Mr. Adams: All right, so when= I go to the section that says about confidentiality and I can read, and the prob= lem I read is that it says that confidentially will be about the Council, is that what your intent was?

Mr. Kane: I don't remember what the intent wa= s, nor do I have a copy of the ordinance in front of me, but if the Chairman says = that this is what the Town Attorney has given the legal opinion of, then I respe= ct that opinion.

Mr. Adams: Well then can I give you copy of the ordinance and you can read that and basically when any person who reads it, okay, maybe I should read it. Confidentiality of complaints, evaluations of possible violat= ions and investigations, publication of findings. A. Unless the subcommittee makes findings of the violation a complaint alleging a violation shall be kept confidential except upon the request of the respondent. Okay? Doesn't that say "A" unl= ess the subcommittee? "a&quo= t; the subcommittee.

Mr. Kane: Mr. Chairman, maybe the Town Attor= ney can offer why he gave this opinion.

Mr. Adams: I don't understand how anybody in a= ny possible language could understand and say that that happens to represent t= he public. When somebody goes to= a Town Manager of this Town and asks what is the procedure, and the procedure is g= iven that you have to write a letter and then this is barred by this? When we followed procedure? Then your comm= ents about this is a great thing? I think that there is a little bit of a problem here.

Mr. Pawlak: Are you saying I said this is a gre= at thing, this project, or the presentation?&= nbsp; I don't remember saying that, but if I said it, it was in regards to= the presentation because it was nothing specific and as of this date there is s= till nothing specific with respect to Konover.

Mr. Adams: Well it seems awful fishy now = all of a sudden that we have written language and we have a dismissal of an ethics complaint on bullshit.

= ; Mr. Pawlak: Excuse me, I don't approve or accept that language here.

Mr. Adams: I'm sorry sir.

Mr. Pawlak: Thank you.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 49

Beau Wasniutynski, 514 Sylvan Lake Road, Oakvi= lle, CT&nbs= p; 06779

= ; Mr. Wasniutynski: I didn't meant to speak on this issue at all, but when I heard = the opinion of the Town Attorney as expressed by the Chair, I was flabbergasted. I happen to be= an immigrant; I was 21 when I became a citizen of this country, so it meant a great deal to me, I wasn't born to it.&nbs= p; And one of the basic understandings of what it is to be an American = is that things are done in the open and then somehow a ruling is made that you= can only make a complaint in secret? Inaudible) this goes back to the (inaudible) proceedings (inaudible) I mean that's the= kind of thing (inaudible). I'm no = lawyer but there's certain basic rights that we as citi= zens have. We started the proceedi= ng today with the Pledge of Allegiance, and now I'm saying I as an American can only make a complaint if I do so in secret?

= ; Mr. Pawlak: No, confidential complaint, of course, if I may, everybody has the right to make a complaint, according to the way we read the ordinance, in confidence. Now if after a certain period of t= ime, there is no action, then I would suggest you have the right to make it publ= ic, but give your elected officials time to review it and respond. We're not saying it has to be secr= et and nobody is going to do anything about it.&n= bsp; You always have that right. All we're saying that according to the ordinance, the way Atty. Pili= cy interpreted it for me, the complaint should have been made in confidence, a= nd then depending on the findings of the subcommittee or the respondent, if he= or they chose they could then make the complaint public.

Mr. Wasniutynski: I just can't understand how a lawye= r in America could reach that conclusion. = I have every right to speak in public on any issue, any issue at all. It may be stupid, I may be slapped= down by the Chair for wasting the Committee's time, but I have a right to say it, and to say that my complaint will not be considered because I didn’t = do it in secret just boggles my mind, that's all I can say. It just can't be true, it just doesn't occur to me that it can possibly be true. Thank you.

Joe Masi, 33 Pleasantview Street, Oak= ville, CT&nbs= p; 06779

= ; Mr. Masi: The issue is was the complaint valid, not the technicalities.&n= bsp; I agree with C.C.P.W. in terms of their technicalities, they also checked with their attorney in terms of what was and wasn't proper and the = fact of the matter is that the complaints were valid, and that's why they stepped down. They stepped down becau= se of the putrid smell of their actions exposed under sunlight made them step down. It was a total embarrassment to the Planning and Zoning Commission. I've served a number of years on that board, I served 2 terms on the Town Council and I can't remember that kind of situation ever coming up. It was a disaster to the reputatio= n of Planning and Zoning Commissions that have served in the past, and I resent it. Thank you.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 50

Enrico Rinaldi, Saunders Avenue, Oakville, CT&nbs= p; 06779

= ; Mr. Rinaldi: They were talking about the tower, if I remember right a few years back we turned that down, = the tower for telephones and everything?

Ms. Adams: That was a different tower.

Mr. Rinaldi: What was different between the towe= r and the (inaudible), it's a tower.

= ; Ms. Adams: Right now the towe= rs are enclosed in smokestacks but their was a proposal= off of Platt Road there, and that one got knocked down, where they didn't put the tower out there. That would have been t= he first freestanding one. This = is going to, well that one went down, so now they'r= e proposing to put another freestanding one out on Black Rock Road.

Mr. Rinaldi: Are they going to put one up?

Mr. Pawlak: That's up to the State Citing Commi= ssion. We can say we're in favor or not, = or we'd like to see some changes to the proposal, but they ultimately have the final say.

= ; Mr. Rinaldi: I know that, but= the idea is we turned those towers down a couple of times, now they're coming b= ack, maybe about 10 years, maybe a little less.

Ms. Adams: Maybe 5 years.

= ; Mr. Rinaldi: Well it' a littl= e bit more than 5 years. You were t= alking about secrets. Hey like the gentleman said, this is America. I was born in the old country, I w= ent from the Kindergarten, then they threw me out. This is America. I think the people have all the ri= ght in the world to say what they want, there shouldn't be any secrets. If you want secrets, then you don't speak. Just keep your mouth s= hut an that's it.

As far as the tower, I have to disagree. Even now, you drive down the road, there are people on the phone, li= ke today on Watertown Avenue, there was a woman on the telephone there, she pulled o= ut of the driveway, almost missed me by this much, good thing I have good brak= es, and she hollers at me. What a= re you doing? I think those towers s= hould (inaudible) that's the American way.

Mr. Pawlak, Chairman, Closed Public Participation at 10:08 p.m.

Watertown Town Council

Regular Meeting

June 5, 2006

Page 51

15.&n= bsp; Adjournment

= ; MOTION: (Mr. = Mancini, sec. Mr. Walton) to Adjourn the Regular Meeting at 10:08 p.m.

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

<= /span>MOTION PASSED UNANIMOUSLY

<= /span>Regular Meeting Adjourned at 10:08 p.m.

Respectfully submitted,

Joseph Pawlak, Chairman

Watertown Town Cou= ncil

Approved: _______________________________

Lynn M. LaF= orme, Clerk

WATERTOWN HIGH SCHOOL

TECHNOLOGY ROOM

3. Pledge of Allegi= ance