MINUTES
REGULAR MEETING
TUESDAY, SEPTEMBER 7, 2004, 7:30 P.M.
PRESENT: = &nb= sp; Elaine Adams
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Lee Archer
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Karl Fisher
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Robert Kane, Chairman
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Raymond Primini
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Paul Rinaldi
= ; &n= bsp; = ; &n= bsp; Paul Valenti
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Richard Wick
ABSENT: &nb= sp; = Raymond Hebert, Jr., Vice Chairman
OTHERS PRESENT: Paul
Jessell, Town Attorney
=
; &n=
bsp; =
; &n=
bsp; Frank
Nardelli, Assistant Town Manager/Finance Director
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Meredith
Robson, Town Manager
1.&nb= sp; Call Meeting To Order
Mr. = Kane, Chairman, Called the Meeting to Order at 7:32 p.m.
2.&nb= sp; Roll Call
Ms. LaForme, Board Clerk, executed the Roll Call.
&= nbsp; Mr. Kane, Chairman, led the Pledge of Allegiance.
4.&nb=
sp; Public
Participation
&=
nbsp; Robert
LeBlanc,
&= nbsp; Mr. LeBlanc: I decided to do a little research to find out why we have a Police Commission. I find that what I feel is that ou= r Town Charter and our Police Union is inconsistent with the State Charter. (Inaudible) to the Home Rule Act w= hich they stated when they redid the Charter.&n= bsp; It says "home rules (inaudible) charter changes may be exercised only in accordance with State Statutes.&nb= sp; So in our Charter, Page 11, it says (inaudible) it says all powers a= nd duties granted to the forwarding Police Commission by the General Statutes,= it says not specifically granted to the Board or Police Commission by this sec= tion shall be an aside to the Town Manager.&nbs= p; That in itself violates State Statutes. You cannot supersede State Statutes. That's #1. Now we go to the makeup of the Pol= ice Commission which is 1-(inaudible).
Regular Meeting
September 7, 2004
Page 2
&= nbsp; Ms. LaForme (Clerk). It's not working anymore.
&= nbsp; Mr. Kane, Chairman, called at Recess at 7:35 p.m.
&= nbsp; Mr. Kane, Chairman, Reconvened the Regular Meeting at 7:37 p.m.
&= nbsp; Mr. LeBlanc: According to the State Statues, wh= en you establish a Police Commission, you have to review Section 9-201 of the ordinances, which says the election of a 5 member board or Police Commissio= n, shall elect two members to serve a term of 2 years and 3 for 4 years. We have people serving for 5 years, which is a violation of 9-201 according to the State Statutes. And then we go to the duties, where they're arguing here about the duties, what the Police Commission does, it = does traffic duty, takes complaints, and does the budget, a lot of things, but t= hen according to the Charter, according to the Union Contract it says the Police Chief makes all the (inaudible) and anything. According to 7-276 it says the pow= er of the commissions - such board shall have the sole power of appointments, promotions, removal of officers and members of the Police Department, accor= ding to the State Statutes. My que= stion is, where do I go to get this resolved or am I shooting myself in the foot here? I don't know where to g= o for an answer on this. I've been = in contact with the Attorney General and they want me to come, do it professionally, go through you people and find out what we can do about it.=
&= nbsp; Mr. Kane: Your question is in regard to . . = . .
= ; Mr. LeBlanc: What can I do ab= out (inaudible) violations?
&= nbsp; Mr. Kane: Your question is in regard to the creation and makeup of the Police Commission . . . .
&= nbsp; Mr. LeBlanc: And their power.
= ; Mr. Kane: Under our current C= harter . . . .
= ; Mr. LeBlanc: Correct.
= ; Mr. Kane: Versus the State Statutory regulations of such commission.
&= nbsp; Mr. LeBlanc: Correct.
= ; Mr. Kane: So what you're clai= ming is that our Charter which was drafted many years ago . . . .
= ; Mr. LeBlanc: 1987.
= ; Mr. Kane: And revised in 1987 is in violation of the State Statutes, is that what you're saying?
Regular Meeting
September 7, 2004
Page 3
&= nbsp; Mr. LeBlanc: Yes, I'm a newcomer here and I migh= t be wrong. The second thing that I would like to know is that I was told la= st week that I would get an updated list of the vehicles in Town and who uses = them 24/7, that's the question I asked, and I never received it, and I would appreciate if I could get one.
&=
nbsp; Bob Giannaccio,
= ; Mr. Giannaccio: The reason I = came here tonight was not to criticize you guys, not to complain to you guys, no= t to make you angry, but to actually give you some help as to where to cut the budget, but I found out tonight that you guys already did that, the $90,000 that is coming out and that's what you're going back with, the $90,000 cut. Is that correct in November? It's already been approved, that's what you're going to do?
&= nbsp; Mr. Kane: We had a Finance Committee mee= ting last week, correct.
= ; Mr. Giannaccio: And that's wh= at it is, $90,000, so it's useless for me to say where you should cut and where y= ou shouldn't, cause you're going with $90,000, you're going to do it in Novemb= er, and I wish you guys a lot of luck cause I don't think it's going to fly.
&=
nbsp; Joe Pawlak,
&= nbsp; Mr. Pawlak: A couple of items that I wante= d to ask the Town Council for. I b= elieve the last time I was here was the meeting after the 4th of July, I think it = was around the 6th or so. I asked= for several things, one of which was the cars, vehicles that were in Town that = were used 24/7. I got that list, however, at the same time I also asked for a policy, if we had one, on how those cars are used, what allowances are given to the users of those cars w= ith respect to mileage, personal time, gas, etc. I never received that, I don't kno= w if we have one. We should have o= ne. We shouldn't be running a $50,000,000 budget, or company if you will, without policies such as that. Any go= od company would have a policy regarding personal use of company vehicles. I haven't seen it, I'd like to know where it is and when I'll get it.
&= nbsp; I also mentioned several ways in which I thought we could cut the budget. One of them I believe was put into place, that was the elimination of the 2 police cars that were in the Police Department budget. One of the things I noted was that the tipping fees were increased by the Town Council= and at that point I said it's not going to really fly very far because as you increase those tipping fees, the people who have to pay those fees are goin= g to do nothing more than pass it along to the public, which in fact I guess everybody here knows, if you use Copes, which is about the only player in T= own, I got my bill, I believe it's up about 6% or 7% so it's really a double hit because now you can't even deduct it on your taxes.
&= nbsp; The last question I wanted to ask, or not ask but absorb a raise talked about a= nd that was something that Bob spoke about and that was the budget. I know the last budget which was defeated was $49,113,269 I believe. You have indicated that you're going to reduce it by $90,000, it's g= oing to be put on the same ballot as the November 2nd national and state electio= n, and that represents about 2/10 of 1%. I also noted in the paper at the same time that was published that I believe the Town found an additional $97,000 in grant money, etc. etc., cor= rect me if I'm wrong, but I think that's . . . .
Regular Meeting
September 7, 2004
Page 4
= ; Mr. Kane: You're wrong.
&= nbsp; Mr. Pawlak: I'm wrong?
= ; Mr. Kane: Yes.
= ; Mr. Pawlak: So the $90,000 co= ming out . . . .
&= nbsp; Mr. Kane: $97,000, if you'd like me to address that, we receive payment in lieu of taxes, I guess, is that a correct term = for Taft?
&= nbsp; Mr. Nardelli: Yes, that's correct.
&= nbsp; Mr. Kane: They're a nonprofit organization of $93,000. This year or this pa= st year they gave us $97,000, so we anticipate $97,000 again this year, so the= re was no grant of $97,000, it's just an increase of $4,000.
&= nbsp; Mr. Archer: So we didn't find anything.
&= nbsp; Mr. Pawlak: Okay, so it's $4,000.
&= nbsp; Mr. Kane: Yea, there's nothing found.
= ; Mr. Pawlak: My only thought n= ow is an observation. Last week I t= hink probably most of you know that Winsted, I believe it was last week, had a referendum on their budget and they sent it back to the people for that ref= erendum with I think a zero change from the last budget which was defeated. It was defeated even more soundly = in this one by 300 or 400 votes. It was a squeaker, I think under 100 the previous time. I suspect that the same thing will happen with this one because I don't think $90,000 is even scratching the surface. I didn't notice in the article what the pro= jected mill rate was going to be based on that $90,000.
&= nbsp; Mr. Kane: 20.37.
&= nbsp; Mr. Pawlak: Thank you.
&=
nbsp; Kevin Killeen,
&= nbsp; Mr. Killeen: I'm speaking tonight because I'm concerned the direction in which our Town seems to be going concerning these budget issues. I have a daugh= ter who is in 4th grade and I was shocked when I saw, when I was covering her books. One of her books had a= copy of 1991, another of 1992. I'm= sure that these are the sort of things that a lot of people don't realize, that = in today's day and age text of that age are just outdated and it is not just a matter of what teachers are paid or the cost of budget as it relates to wha= t we pay our staff, there are issues that have to do with, as Representative Flaherty put it, bricks and mortar, that sort of thing.
Regular Meeting
September 7, 2004
Page 5
&= nbsp; Also that while I think it is a hard hit for the people to recognize that the assessments have gone up and as a double whammy taxes are proposed to go up, they don't see that when revenues are down, and also allocations from the S= tate are down, and so I look at a situation where we have a very good Town Counc= il that does their very best on a volunteer basis. I meant to read some of other thin= gs that you see in our paper you would think that somehow the Council and Boar= d of Education was getting something out of it other than the positive interest = of their own Town. But I would l= ike to repeat that my sole purpose here is to say that I have a strong concern abo= ut the direction of the Town, the status of some of our buildings, and that so= rt of things are just abhorrent. We shouldn't have the conditions of things that we do, and it just seems to be= a bad deal when everybody is getting banged over the head and meanwhile things just keep getting worse and worse, and where does it end, so again I'd just like to state that concern, and also state my appreciation for all the memb= ers of the Council and the excellent job that you do and keep it up, I know it's difficult.
&= nbsp; Mr. Kane: Thank you.
&= nbsp; Mr. Kane, Chairman, Closed Public Participation at 7:47 p.m.
5.&nb=
sp; Minutes
&= nbsp; A. Regular Meeting Minutes – August 16, 2004
= ; &n= bsp; MOTION: (Mr. = Archer, sec. Mr. Wick) to Accept the Regular Meeting Minutes dated August 16, 2004 = as presented.
= ; &n= bsp; Discussion: None<= /p>
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
&= nbsp; B. = Special Meeting Minutes – September 1, 2004
= ; &n= bsp; MOTION: (Mr. Archer, sec. Mr. Wick) to Accept the Special Meeting Minutes dated Septembe= r 1, 2004 as presented.
= ; &n= bsp; Discussion: None<= /p>
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
Regular Meeting
September 7, 2004
Page 6
6.&nb=
sp; Sub-Committee
Reports
A. &nbs= p; Public Works Subcommittee
&nb=
sp; Ms.
Adams: Our next meeting w=
ill be
Tuesday, but I'd like to point out that the Town, not the Council, but the =
Town
will be holding an informational meeting for the Turkey Brook Project on
Monday, September 13, 2004 at 6:00 p.m. at the
B. &nbs= p; Finance Subcommittee
= Mr. Archer: We had a meeting last Wednesday, the 1st. We made a recommendation= to the Council that the budget be put on the ballot alongside the general election. The reason for the subcommittee meeting and the Special Council meeting was that was the last = day that we could have those meetings and send that request for the change in ballot to the Secretary of the State's Office. One overriding consideration in do= ing that was the cost of the additional referendum which is roughly $9,000, so = by combining that with the general election it saves that cost.
C. &nbs= p; Ordinance Subcommittee
= Mr. Wick: We met about 2 weeks ago and revie= wed about 5 items. The Ice Skating Ordinance proposal and the proposed revisions to the Street Opening Ordinan= ce were considered unanimously to go to the Council for their consideration, a= nd that will happen as soon as the paperwork can be taken care of; I think that will probably happen at the next meeting?
= Ms. Robson: It should be.
= Mr. Wick: The local preference ordinance has= been on our agenda for quite a while and we decided to solicit the formal opinio= n, if you will, of the Economic Development Commission and the Chamber of Commerce. Our tentative opini= on about it is that the Town has more to lose than to gain by having one, but = we still wanted to get the input of these other groups before making a formal recommendation.
= The Code of Ethics Ordinance was considered.&n= bsp; The changes were considered based upon the input we got from the pub= lic hearings several months ago and those are going to be put into a revised document that should be available we think in 2 weeks depending on how much additional work needs to be done.
Regular Meeting
September 7, 2004
Page 7
= On the Hearing Officer we confirmed our tentative suspicion that the Hearing Officer issue is nothing that the Ordinance Subcommittee (inaudible) reques= t to consider an ordinance to quit feeding the geese and it's an ordinance ties = in with the D.E.P's Canada Goose Management Plan, and so we're going to get a = copy of that to read it so we know what we're talking about.
7.&nb= sp; Chairman’s Report
= ; A. Correspondence
= ; &n= bsp; Mr. Kane: It has come to our Council's attention regarding, and there was some discussion last meeting about the Police Commission and their role, and members, and participation amongst members of both parties, so I myself wrote a letter to Tom Durso, Chairman = of the Police Commission, asking him to attend our next meeting, September 20, 2004 at 7:30 p.m. He is out o= f the country right now so he could not attend tonight's meeting, but I did send = him a letter.
= ; &n= bsp; Mr. Kane, Chairman, read aloud the following letter which was sent to Mr. Durso= :
= ; &n= bsp; "Dear Mr. Durso:
=
; &n=
bsp; Please
accept this letter as an invitation to the members of the Police Commission=
to
attend the Town Council meeting to be held on Monday, September 20, 2004, at
7:30 p.m. at the
= ; &n= bsp; Robert Kane, Chairman
=
; &n=
bsp;
= ; &n= bsp; August 23, 2004"
= ; &n= bsp; Mr. Kane: I just want to mention the Fire Department's parade last Saturday. <= /span>I think pretty much all of us where there, Ray Primini was actually in it, but most of us were on the reviewing stand.&nb= sp; I know Paul, Elaine, Lee, Dick and myself, Ray Hebert as well were there, and really enjoyed the Fire Department and the parade they put on wi= th the members of all the different towns that attended as well, so it was a n= ice event and of course a nice carnival that they put on for the Town.
= ; &n= bsp; Mr. Rinaldi: I just wanted to thank Frank for responding to my request for the legal fees. The Planning and Zoning and Water = & Sewer stuff wasn't included in that, correct?
Regular Meeting
September 7, 2004
Page 8
= ; = ; Mr. Nardelli: Planning and Zo= ning would, that was legal fees paid out of the General Fund. Legal fees paid out of Water & Sewer, I could do a printout of that for your also, if you wanted that, but that was strictly the General Fund which would include Planning and Zoning, Z.B.A, all that, but I could certainly get you a Water & Sewer.
= ; &n= bsp; Mr. Rinaldi: Yea, and get a copy for everybody.<= span style=3D'mso-spacerun:yes'> Thank you.
8.&nb=
sp; Action
Items
= ; A. Consider Appointments to Boards and Commissions
= ; &n= bsp; None
= ; &n= bsp; 1. = Discuss Appointment of Hearing Officer(s)
= ; &n= bsp; = ; Mr. Kane: I know Mr. Wick did have an Ordinan= ce Subcommittee a week ago, and I you want to talk about that, I do have some thoughts of my own, but if you want to, I guess, open up that discussion I'll entertain it= .
= ; &n= bsp; = ; Mr. Wick: Well we were reminded basically at= the actual appointment of the Hearing Officer is covered in a recently enacted ordinance pertaining to enforcement, and the statement is that the Town Cou= ncil shall appoint 1 or more persons who shall serve as hearing officers to cond= uct hearings into the violations of Town ordinances. One reason this particular action = hasn't been taken, in my opinion, is that the business of the Town can go on witho= ut the appointment of the hearing officer as long as there is no appeal or no objection raised by a person presented with a citation to that action, and = so the need for the Hearing Officer is theoretical, but the issue has been rai= sed so it just seems appropriate to address it, and one of the thoughts I had actually after we recognized at our Ordinance Subcommittee meeting that it's really a Town Council issue is that it may be a kind of situation where some criteria should be agreed upon prior to actually going out and trying to solicit people to volunteer their time should there be a need for a hearing, and so maybe the issue right now is for us to consider the need for certain qualifications, certain criteria for the people who might be solicited.
= ; &n= bsp; = ; Mr. Kane: There was no vote on your subcommittee level, correct?
= ; &n= bsp; = ; Mr. Wick: No, no vote.
= ; &n= bsp; = ; Mr. Kane: My questions is regarding ordinances. I'm assuming, and= Mr. LeBlanc may be the expert on ordinances, I don't know, we can refer to him = if we need to, but my question is well let's say it's a noise ordinance, for example, is that what we're talking about, things that come up let's say th= at the Police Department might enforce, is that what we're talking about, those type of ordinances?
Regular Meeting
September 7, 2004
Page 9
= ; &n= bsp; = ; Mr. Wick: We're talking about what happe= ns when enforcement that leads to a citation is appealed for any alleged infractions.
= ; &n= bsp; = ; Mr. Kane: How can we, as the = Town Council, come up with a, basically what I'm asking is where is the statutory framework for this? The appeal process is held, let's say a Police Department gives a citation for a parti= cular ordinance, abuse, or infraction, how can we come up with a framework for an appeal process that overrides the Police Department which goes by the rules= and laws of the State of Connecticut as well as local ordinances or what have y= ou, so I don't see the necessity of this particular hearing officer when the Po= lice Department, which is our governing body, if you will, as far as crime or ot= her issues, should be the ones who enforce these ordinances. So (a) I don't see how we have the framework for this (b) I think we haven't seen a public outcry for this particular hearing officer I = know we've had one gentleman come and I respect his questioning of this but I've= not seen any public outcry for this and I'd like to know where the impetus comes from and where have the challenges as you earlier mentioned come from. I haven't seen any appeals, I have= n't heard of anyone appealing a particular ordinance or a particular citation, = so I don't think we have a need. M= ost importantly I think before we appoint anyone to this kind of authority or t= his kind of a position, we would have to get a legal opinion from our attorneys, and as people have already stated, we are seeing budgetary issues right now, we've got a $49,000,000 budget proposal out there, we're on our 4th referen= dum, I think we have more important pressing issues at this time than this particular one, so my opinion would be to not take any action on this right= now because I don't think it's a necessity at this pint, nor do I want to spend= the Town's money only doing research for something that hasn't come up. If anyone else wants to weigh in, = I'll gladly take your input, but I don't see it as valuable at this time conside= ring the necessity that we're in during budget season.
= ; &n= bsp; = ; Mr. Rinaldi: I was under the impression when we started this that the Police are the only ones to give out citations? I thought there were other infract= ions that the Police . . . .
= ; &n= bsp; = ; Mr. Kane: Who else gives out citations?<= /p>
&nb= sp; = M= r. Rinaldi Well whatever it = was, half the ordinances we passed, correct me if I'm wrong, there was no way to enforce, so that's why we needed . . . .
= ; &n= bsp; = ; Mr. Kane: So why do we need a Hearing Officer then? If we'r= e not enforcing the ordinances that we have, who's appealing the ordinances that we're not enforcing?
= ; &n= bsp; = ; Mr. Rinaldi: (Inaudible).
= ; &n= bsp; = ; Mr. Wick: Nobody is appealing.
Regular Meeting
September 7, 2004
Page 10
= ; &n= bsp; = ; Mr. Kane: Nobody is appealing because they'r= e not enforced.
&nb= sp; = M= r. Rinaldi: Is this an appea= ling board or just a . . . . ?
&nb= sp; = M= r. Kane: Yes, an appeal.
= ; &n= bsp; = ; Mr. Rinaldi: So you go out and give someone= a citation and they just say (inaudible) if it happens, I'm not paying this.<= /p>
= ; &n= bsp; = ; Mr. Kane: Right.
= ; &n= bsp; = ; Mr. Rinaldi: Well how does it get enforced?
= ; &n= bsp; = ; Mr. Kane: It's not, according= to you it’s not, so why would we need a person to hear an appeal?
= ; &n= bsp; = ; Mr. Rinaldi: So you might as = well take all of the ordinances and throw them in the garbage can.
= ; &n= bsp; = ; Mr. Kane: No, I didn't say th= at. You said that we're not enforcing them, I think that's what you said, so if your point is true, then why do we need someone to hear appeals, when no on= e is appealing to begin with because there's no enforcement.
= ; &n= bsp; = ; Mr. Archer: There's nothing to appeal.
&nb= sp; = M= r. Kane: There's nothing to appeal, that's what your point was, I didn't say that.
= ; &n= bsp; = ; Mr. Valenti: If there is noth= ing being enforced, why have the ordinance, that's the underlying question?
= ; &n= bsp; = ; Mr. Archer: That's a separate discussion but . = . . .
= ; &n= bsp; = ; Mr. Kane: Right, that is a separate discussio= n.
= ; &n= bsp; = ; Mr. Valenti: One could read the paper tomorrow a= nd one could say if I were to be cited for whatever ordinance violation I may have violated, you know what I’m trying to say, in any event, if I were to= get cited, I'd just appeal it, I'd beat the rap, because at present there is no scheme to address that appeal. Now if we're not enforcing and (inaudible).
= ; &n= bsp; = ; Mr. Kane: There have been no appeals.
Regular Meeting
September 7, 2004
Page 11
= ; &n= bsp; = ; Mr. Valenti: But then we got = to ask ourselves, and maybe not for tonight, but we should consider whether we sho= uld be enforcing ordinances in Town, and if not, why not, and if not, let's weed some of these out so we don’t have them.
= ; &n= bsp; = ; Mr. Kane: Let me ask Meredith, currently our ordinances are enforced by whom?
&nb= sp; = M= s. Robson: It depends on the particular ordinances, but there are a number of staff members . . . .
= ; &n= bsp; = ; Mr. Kane: Give me a couple of examples.
= ; &n= bsp; = ; Ms. Adams: Snow removal, shov= eling sidewalks.
= ; &n= bsp; = ; Ms. Robson: Yea, building related ordinances.
= ; &n= bsp; = ; Mr. Kane: Feeding the geese.
= ; &n= bsp; = ; Mr. Valenti: False alarms.
= ; &n= bsp; = ; Mr. Kane: That's one that is enforced by the = Police Department.
= ; &n= bsp; = ; Mr. Nardelli: No, the false alarms is you get 2 f= ree ones, then the 3rd one the Police Department sends the bill to me and I inv= oice the people and then when the people don't pay, I have to try and turn them = over to a collection agency, and then when they don't pay the collection agency,= how do I enforce it?
= ; &n= bsp; = ; Mr. Kane: But they're not appealing, is what we're trying to say.
= ; &n= bsp; = ; Mr. Nardelli: Some try to app= eal it, and I usually turn them back to the Police Department cause they have t= he records as to why they responded, and if it was really a false alarm or if someone really did try to enter the home or something, and they try to reso= lve it. We've had a few where we = just kind of get hung up.
= ; &n= bsp; = ; Ms. Adams: Those are the ones= the Manager, I thought, had the say on whether or not (inaudible).
= ; &n= bsp; = ; Ms. Robson: Well it depends on the particular ordinance.
= ; &n= bsp; = ; Mr. Kane: One of those came t= o the Council at one time and we made the decision on that, so I mean you have the boards in place.
= ; &n= bsp; = ; Ms. Robson: Well actually you= heard it because I needed some guidance from you, but it was the Town Manager's c= all.
Regular Meeting
September 7, 2004
Page 12
=
; =
; &n=
bsp; Mr.
Kane: My point is this.
&nb= sp; = M= r. Fisher: I don't mind bein= g prepared, I mean I'm a former boy scout. I don't mind having a framework so we can expedite this if we do get an appea= l as quickly as we could instead of taking time when it does happen, at least we= can have some type of way to go.
= ; &n= bsp; = ; Mr. Kane: But it hasn't happened. There is no precedent, there is no history, there is no outcry for this.
= ; &n= bsp; = ; Mr. Fisher: Listen, I'm just = saying I would rather be prepared.
= ; &n= bsp; = ; Mr. Kane: I understand your point. I'm just saying that t= here has been no public outcry for this.
= ; &n= bsp; = ; Mr. Archer: I've got to agree, it sounds l= ike a solution looking for a problem.
= ; &n= bsp; = ; Mr. Valenti: I do point out that the ordina= nce does read the Town Council shall, and from my albeit limited training in th= is area, shall is mandatory language, so if it were to have read may, we might have a way to say hey, but when it says shall, I mean unless we really don't care what our own ordinances say . . . .
= ; &n= bsp; = ; Mr. Kane: Well I think, let's not speak in generalities, let's talk specifics. No one is saying we don't care what our ordinances say, Mr. Valenti.=
= ; &n= bsp; 2. = COG Regional Planning Commission Representative
= ; &n= bsp; = ; Ms. Robson: They're just looking for their regu= lar appointments. The Planning and Zoning Commission has an appointment, which is Mary Barton, and the Council= has an appointment, and it was you, with me as an alternate. I would suggest to you that you ke= ep that if you’re satisfied with that, it's just the regular appointment= .
= ; = ; &n= bsp; Ms. Adams: Is it a Council's = appointment or a Chairman's appointment? I think it's a Chairman's appointment, isn't it?
= ; &n= bsp; = ; Ms. Robson: I thought it was = the Town Council's appointment, but I could be wrong.
Regular Meeting
September 7, 2004
Page 13
= ; &n= bsp; = ; MOTION: (Mr. Archer, sec. Ms. Adams) to appoint Robert Kane as Council of Government's Regional Planning Commission Representative and Meredith Robson as the Alternate Representative.
= ; &n= bsp; = ; Discussion: None<= /p>
= ; &n= bsp; = ; MOTION PASSED UNANIMOUSLY
= ; B. = Consider Tax Refunds
RESOLUTION
= WHEREAS, Taxpayers have made application for the property Tax Refunds in accordance = with Section 12-129 Refund of Excess Payment; and
= WHEREAS, the Tax Collector recommends that the Refunds be made in accordance with the provisions of Section 12-129;
= NOW THEREFORE BE IT RESOLVED, that the Town Council approves the following Tax Refunds:
&= nbsp; 1,732 Destan, Usein &= nbsp; &nbs= p; &= nbsp; Amount of Refund: &nb= sp; $ 44.56
&= nbsp; 56 Pleasant Avenue &nbs= p; &= nbsp; Type &= nbsp; M
&=
nbsp;
= ; Reason for Refund: Per Assessor, Account Deleted
&= nbsp; 1,736 Brooks, James, E. & Charl= otte, R. = ; Amount of Refund: &nb= sp; 541.36
&=
nbsp;
&=
nbsp;
= ; Reason for Refund: Per Assessor, Veteran Exemption Applied
Total for All Refunds &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; $ 585.92
Dated at Watertown, CT this 1st day of September, 2004.
_________________________
Robert Kane, Chairman
&= nbsp; &nbs= p; MOTION: (Mr. Archer, sec. Ms. Adams) to Approve the Resolution authorizing the Tax Refun= ds as presented.
&= nbsp; &nbs= p; Discussion None
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
Regular Meeting
September 7, 2004
Page 14
= ; C. Consider Transfers for Fiscal Year 2003-2004
RESOLUTION
WHEREAS, expenses in the 2003-04 fiscal year require the Transfer of Funds:
NOW THE= REFORE BE IT RESOLVED, by vote of the Watertown Town Council, that the following actions are taken relative to the Transfer of Funds:
GENERAL= FUND
AMOUNT:= $4,951 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 1
FROM:
TO: &= nbsp; 010-50310-007-= 0277 - Assessor, Revaluation
REASON:= Additional Funds Required
AMOUNT:= $1,260 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 2
FROM:
TO: &= nbsp; 010-50465-010-= 0000 - Elections, Food
REASON:= Additional Referendums
AMOUNT:= $2,521 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 3
FROM:
TO: &= nbsp; 010-50323-014-= 0000 - Public Buildings, Utilities/Electric
REASON:= Additional Funds Required
AMOUNT:= $1,263 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 4
FROM:
TO: &= nbsp; 010-50323-014-= 0000 - Public Buildings, Utilities/Water
REASON:= Additional Funds Required
AMOUTN:= $13,716 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 5
FROM:
TO: &= nbsp; 010-50360-033-= 0000 - Solid Waste, CRRA Fees
REASON:= Additional Funds Required
AMOUNT:= $1,105 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 6
FROM:
TO: &= nbsp; 010-50331-040-= 0000 - Miscellaneous Central, Photographic Services
REASON:= Additional Funds Required
AMOUNT:= $4,335 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 7
FROM:
TO: &= nbsp; 010-50226-042-= 0000 - Employee Benefits Town Vehicle Use
REASON:= Additional Funds Required
Regular Meeting
September 7, 2004
Page 15
AMOUNT:= $3,032 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 8
FROM:
TO: &= nbsp; 010-50232-042-= 0000 - Employee Benefits, Life Insurance
REASON:= Additional Funds Required
AMOUNT:= $6,026 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 9
FROM:
TO: &= nbsp; 010-50242-042-= 0000 - Employee Benefits, Unemployment Comp.
REASON:= Additional Funds Required
AMOUNT:= $5,268 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 10
FROM:
TO: &= nbsp; 010-50341-043-= 0102 - Miscellaneous Non Town, Tax Refunds
REASON:= Additional Funds Required
AMOUNT:= $4,394 &= nbsp; &nbs= p; &= nbsp; &nbs= p; NO: 11
FROM:
TO: &= nbsp; $ 92, 010-50405-04= 0-0000 - Misc. Ref. Material
TO: &= nbsp; 010-50720-043-= 0535 - Misc. Non Town TC to State
REASON:= Additional Funds Required
Dated at Watertown, Connecticut this 7th day of September, 2004.
=
; &n=
bsp; =
; &n=
bsp; =
; &n=
bsp; =
; &n=
bsp; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp;
= ; &n= bsp; = ; &n= bsp; = ; &n= bsp; = ; &n= bsp; Robert Kane, Chairman
=
; &n=
bsp; =
; &n=
bsp; =
; &n=
bsp; =
; &n=
bsp;
= ; &n= bsp; MOTION: (Mr. Archer, sec. Ms. Adams) to Approve the Transfer of Funds for Fiscal Year 2003/2004 as presented.
= ; &n= bsp; Discussion: None<= /p>
= ; &n= bsp; MOTION PASSED UNANIMOUSLY
= ; D. Consider Proposed Budget Cuts for Fiscal Year 2004-2005
= ; &n= bsp; MOTION: (Mr. Archer, sec. Ms. Adams) to Approve the following budget cuts for Fiscal Year 2004/2005:
= ; &n= bsp; = ; &n= bsp; $11,000 - Highway Pickup Truck #2
= ; &n= bsp; = ; &n= bsp; $25,000 - Highway Asphalt for Road
=
; &n=
bsp; =
; &n=
bsp; $ 212 -
= ; &n= bsp; Discussion: Mr. Valenti: The Highway Truck, at the last refe= rendum that was just defeated was $11,000, would that have funded the purchase of a new truck, or was the payment on a lease?
Regular Meeting
September 7, 2004
Page 16
= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: That was payment on a lease.
= ; &n= bsp; = ; &n= bsp; Mr. Valenti: So has the lease ended?
= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: This would be the lease payment for= a new truck.
= ; &n= bsp; = ; = ; Mr. Valenti: So we're not acq= uiring a truck?
= ; &n= bsp; = ; = ; Mr. Nardelli: That's correct.=
=
; &n=
bsp; =
; =
; Mr.
Valenti: With the compute=
r,
generally the same question. =
If we
go from $1,500 to $1,288, does that mean that we're not fully funding the
purchase of a computer and therefore the
= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: That's correct, it will be a l= ess fancy computer, for lack of a better word.
= ; &n= bsp; = ; = ; Mr. Valenti: And the $25,000 = from Highway, if we're not doing Section VIII anyway, is that part of where that figure derives from?
= ; &n= bsp; = ; = ; Ms. Adams: No. What this is, we have a little bit= , we have Section VIII money and then we have asphalt that's used for, we don't really pave roads for it per say, we fill potholes, if we do, we have some = of last year's money we're still doing, we'll fill in like between the road and the driveway, things crumble, that type of stuff. It's not for actual, we're not goi= ng to be able to do a road with this.
= ; &n= bsp; In Favor: &= nbsp; Ms. Adams, Mr. Archer, Mr. Fisher, Mr. Kane, Mr. Primini, Mr. Wick
= ; &n= bsp; Opposed: = Mr. Rinaldi, Mr. Valenti
= ; &n= bsp; Abstained: None
= ; &n= bsp; MOTION CARRIED (6-2-0)
9. &nb=
sp; Discussion
Items
A. Discussion and Possible Action on Town Hall Repairs
= Mr. Kane: Bob Porter, Chairman of our Bu= ildings Committee, would you like to address us on this one?
Regular Meeting
September 7, 2004
Page 17
=
Robert Porter,
= ; &n= bsp; Mr. Porter: The reason we're = here tonight is to get some input and direction from the Council. We looked at the old Town Hall, an= d as a minimum on repairs there will be roof replacement, repair replacement, and waterproofing the building itself, but we don't know how much further you m= ay want to go as far as office space inside, vault space, and so forth, so as a minimum the Buildings Committee's recommendation would be the roof and waterproofing and from that point, before we hire anybody to do any kind of studies or drawings or plans, we need some direction from you.
= ; &n= bsp; Mr. Kane: It's a valid questi= on and that's why Bob is here tonight, so if anyone wants to talk about this.
= Mr. Archer: What constitutes waterproofing?
= Mr. Porter: Sealing the building from water penetration.
= ; Mr. Archer: Window sills . . = . .
= Mr. Porter: It wouldn't be in regards to window= s, it would be sealing the building, re-mortar and that type. Thereof is a big issue obviously.<= /p>
= ; Mr. Kane: The total of this expenditure is one . . . . .
= ; Mr. Porter: It could be up to $1,500,000. There has been so= me rough estimates, there have been no positive or concrete estimates given to= us yet cause we haven't hired a firm to do this yet, we're in the process of looking at them, but part of the equation is how far do you want us to go w= hen we hire this firm?
= Mr. Kane: Cause at the same time we're applyi= ng for a $500,000 STEAP Grant.
= Mr. Porter: STEAP Grant, correct.
= Ms. Adams: When do we expect to hear about the= STEAP Grant?
= Ms. Robson: This month.
= ; Ms. Adams: Cause I almost thi= nk at this point, if we don't get the grant, we're going to probably feel a little bit differently than if we do get the $500,000. Can we have this discussion once w= e know about the grant?
= Mr. Kane: Is that possible?
Regular Meeting
September 7, 2004
Page 18
= Ms. Robson: Yea, I think the only real issue i= s, and Bob correct me if I'm wrong, is that they're just trying to move ahead on t= he charge that you had given them, and in looking at it, if you decided to do something in particular on the inside of the building, it may impact the outside of the building obviously, so while they know that the roof and the brick work need work, it may be that some of that is impacted by something = else that happens inside if there is anything happening inside, so I think it's really just a matter of your timing to try and move ahead on the issue.
= Mr. Porter: We just don't want to spend money = and then have to redo it. You're talking about vault space, windows, office space, boilers. There's a whole . . . . . it's not= an easy solution.
= Mr. Rinaldi: I think, in my opinion, the roof a= nd the sealing is bare minimum.
= Mr. Porter: Correct.
= Mr. Rinaldi: I'm assuming this has to go out to referendum?
= ; Mr. Porter: Yes.
= ; &n= bsp; Mr. Rinaldi: The third thing,= and I think the most important thing is with the Swift Project approved and Hemin= way being freed up in a couple of years, I wouldn't get too crazy fixing the old Town Hall, cause we don’t really know the status of where it's going = to go, if we in fact come up with a new Town Hall. Obviously Heminway is going to nee= d a lot of work if we consider that as a Town Hall and I think it's going to be= a hard sell to go out and really renovate this old place, and then have to go back.
= Mr. Porter: Well we're required to preserve the building, that's by State Statute, and it's in the Historic District.
= Mr. Rinaldi: I think it should be sealed and I = think the roof should be done, but I wouldn't go much past that at this point in time.
=
; Mr.
Porter: Well we're not as=
king
to do any further, we just are looking for some input, and when
=
; &n=
bsp; Mr.
Primini: I think about a =
week
ago I read in the paper that Woodbury received, I believe $9,000 from the S=
tate
Historic Commission for further studies on their old Town Hall building.
= Ms. Robson: I'm going you see the First Select= man on Friday at a meeting so I'll check with him on that.
Regular Meeting
September 7, 2004
Page 19
= ; &n= bsp; Mr. Primini: So I think that = would be a good way to start first, to see if there is money available through th= e State Historic Commission, cause some of the minor studies were done, they were up around $15,000, $20,000 in the past, so I mean this will obviously be more detailed so if we could get some help from the State, maybe if they even gi= ve us some money to help restore the building, too, hopefully.
= ; &n= bsp; Mr. Kane: Well they are, we're applying for the $500,000 STEAP Grant.
= ; Mr. Primini: That's the STEAP Grant, but this is through the State Historic Commission if they would help= us out. Like I said, I just read= in the paper that Woodbury got $9,000 for a grant for just a study of it, so hopefully there is some money available through that avenue.
= Mr. Porter: You said it was a study for the of= fice space they have?
= ; &n= bsp; Mr. Primini: No, for Woodbury= 's old Town Hall, which they use like a meeting area now. It's not their Town Hall, it's the= ir old Town Hall which is considered a historic building.
= ; &n= bsp; Mr. Rinaldi: There were sever= al studies conducted several years ago, the dollars are no longer any good, bu= t I think as far as what has to be done was pretty well laid out.
= ; Mr. Primini: There was one in= 96 and there was one (inaudible).
= Mr. Rinaldi: Yea, I found one at home, I just c= hucked it, it was a big thing and it went through the whole process. If I'm not mistaken, I'm on the Hi= storic District Committee, and you c= ame and spoke to us, and I think one of the concerns at the time was aren't they going to take some bricks out of the four corners to see the status of . . = .
= ; Mr. Porter: Yes, they have to= do some wall destruction taking the brick work out, checking for roof rafters = and the structural integrity of the building, so that will be taken out, and put back, that's on the inside of the building, that's my understanding. But that was all in that prelimina= ry report that came back about what was going to be needed; a crane to get the= m up on the roof to do the inspections, interior work.
= Mr. Rinaldi: I think the only thing we should co= nsider here, I don't know the answer, but that thing could get really costly if th= ings don't go our way. If we start finding problems with the infrastructure and whatever, this could get very costly to fix, correct?
= ; Mr. Porter: Yes, and that's w= hy the study needs to be done, the architect needs to be hired, but before we did = that we wanted to come before you and see just how far you wanted us to go; we didn't want to waste money.
= Mr. Kane: Does it then, as discussed her= e, make sense to wait for the STEAP Grant approval first and then make a decis= ion on how far we want to go with the renovation project? Does that make sense to you?
Regular Meeting
September 7, 2004
Page 20
= Mr. Porter: Well we'll do whatever your directi= on is.
= Mr. Kane: No, I understand, but from a b= uilding standing is what I'm asking?
= Mr. Porter: Well the building is in real tough shape, and with the slate coming off the roof every day, I mean maybe we can get away with it, maybe not.
= Mr. Archer: I would think that our primary conc= ern right now would be to preserve the building from deteriorating any further = than it has. That's my opinion on it. As far as what to do with= it in the future and whether or not we should rehab the building, (inaudible) and reconfigure office space, I think that's a separate discussion probably out= side of the original charge.
= ; Mr. Kane: There may be safety concerns inside the building as well, correct? I mean upstairs, isn't that now condemned? Too strong a word?=
= Mr. Porter: That has not been able to be used = for years.
= ; Mr. Kane: Even not the baseme= nt.
= ; &n= bsp; Ms. Robson: There are definite issues with the integrity of the building if it's allowed to deteriorate any further, or even now.
= ; Mr. Kane: If we did what you'= re talking about, the envelope and the roof, well we haven't gotten this opinion yet, = but may it come back and say yes, cosmetically it's not up to 2004, but structurally it's still safe? Is that possible, or is there just too much bad inside?
= Mr. Porter: Have you been in the basement?
= Mr. Kane: Yea, I have.
= Mr. Porter: You all ought to take a walk down = there.
= ; &n= bsp; Mr. Adams: The pillars are be= coming dust down the bottom, the support pillars.
= ; &n= bsp; Mr. Porter: It's deplorable, = and it's been deteriorating for years for lack of attention. We're not looking to increase the = charge at all, we're just . . . . .
= Mr. Kane: Right, we do the outside and t= hen something happens on the insi= de, or it's not safe on the inside . . . .
Regular Meeting
September 7, 2004
Page 21
= Mr. Valenti: I think Paul and Lee both hit on t= he same point about just doing what needs to be done to make the water (inaudi= ble) and then from not deteriorating further.&n= bsp; So wouldn’t we do that regardless of whether we receive the ST= EAP Grant? I mean it seems to me = that's an obligation the Town would have whether or not we get it, and if we get it well (inaudible). If we don't= , we have to do it anyway. I guess= what I'm suggesting is maybe we can to the extent that we limit it to that work.=
= Mr. Kane: So when you say you're looking for= an opinion from us, does that affect the amount of work they do in their study= ?
= Mr. Porter: Yes, it could ultimately because if= you're going to do the inside of the building, that just increases their work.
= Mr. Kane: Which would increase their consulting fee.
= Mr. Porter: Consulting fees, and goes back to = what are you going to do with the inside?
= ; &n= bsp; Mr. Wick: A comment about the inside - I think that as long as work on the inside relates to eliminating further deterioration of the entire structure, and safety issues with respe= ct to the people that are working there now, then I say that should be part of= the current project, but anything that goes beyond that should not be until we = make a final decision, which may take several years on what is going to go on wi= thin that building after a new Town Hall is available to us.
= Mr. Primini: I think what I’m hearing from= you is, I know the second floor was condemned as far as the purpose of a meeting place, but it may be used for something else. From what I'm gathering from you, = part of that study would tell you can the second floor be used and what can it be used for, and how it would connect with when you restore the outside of the building? Like the second flo= or, I don't know if it would need a new floor, or whatever, but that would invari= ably be connected with the structure of the outside. John would probably know more abou= t that.
= Mr. Porter: I don't think it would have an= ything to do with what we're gong to do on the exterior for the roof and waterproofing. And the struct= ural integrity of the building would be another study.
=
Ms. Robson: Yea, it’s not really the use =
issue
per say. The first focus I th=
ink is
on the safety issues and protecting the integrity of the building. The use came into play in terms of=
if we
went and got this work done on the brick and the roof and then a year from =
now
or two years from now the Town Council says let's use it for "X"
purpose and we have to cut through that brick, probably not the roof but
through the brick, to make something or enlarge it or do whatever. I think that's where they're comin=
g up
with the impact on the use, not so much can the second floor be used now.
Regular Meeting
September 7, 2004
Page 22
= Mr. Kane: But can you alter the exterior= of the building? You cannot, can= you?
= Mr. Porter: That's something for the Historic District, Paul, you'd have a tough time.
=
Mr. Rinaldi: I always say I live in
= Mr. Kane: But I'm asking from a historic perspective, can you alter the outside of the building?
= Mr. Rinaldi: You can, but they're going to want = to make sure it's appropriate and historically correct, and I’m just say= ing you're going to get yourself into a whole beehive worth of problems.
= ; &n= bsp; Mr. Kane: Well I agree with D= ick then, as far as interior goes, look at what safety and structure concerns, = but no more than that at this time. I agree with that.
= ; Mr. Archer:: I think the poin= t is to make the building safe and structurally sound and have it not deteriorate any further. That's pretty mu= ch it right now because I don't think we have any planned future use for it.
= ; Mr. Rinaldi: I agree with Lee= . I think we're both saying the same thing. I agree with you 100%.= But also, as time goes along, we c= ould also at any time increase the scope for this thing as we see fit. (Inaudible) the additional problem= I think is right, get the roof, get the thing sealed, and then we can always determine after that where we want to go.
= Mr. Porter: I think one thing we should ad= d to the, and I'll ask the other members, is the windows are deplorable, so they should be at the least replaced or repaired.
= Mr. Valenti: I’m just wondering, you menti= oned consultants so I got to believe that engineer's fees, and I wonder if we budgeted for this or not? Cau= se if we haven't, particularly in light of the fact that our budget situation is fluid to say the best, how does that impact what we do down the road? I guess we have to take it from somewhere's else, or if we're going to authorize it, are we even contemplat= ing authorizing anything tonight?
= Mr. Kane: No, we haven't done anything.
=
Mr. Porter: All we're looking for is some
direction. What would happen =
is we
would put our R.F.P.'s for architectural services, restoration services.
= Mr. Valenti: And we would have to fund it at th= at time, right Mr. Chair?
Regular Meeting
September 7, 2004
Page 23
= Mr. Porter: Yes.
= Mr. Kane: Okay, anyone else?
= Mr. Porter: Just to make one thing clear, when= you talk about making the inside of the buildings safe, that's a tough one. How far do you go? That's kind of a broad statement.<= span style=3D'mso-spacerun:yes'> We're looking at the roof, the ext= erior, windows. We've got to stop the slate from coming off the roof, we've got to waterproof the building, and d= o it within the confines of the Historic District, and once we start inside . . = . . .
= Mr. Kane: Well you mentioned yourself, keepi= ng the building safe under State Regulations or Statutes, so have we heard anything from the State on the interior of the building? I mean you mentioned that yourself= , that we have to do this regardless.
= Mr. Porter: Well there are two points. The State has been on our case for= vault space for years.
= ; Mr. Kane: Well that's true, t= hat's the library so, that's not safety regulations, though. That's a bit different, but I know= what you're saying.
=
; Mr.
Porter: And as far as the
Historic District they're the ones that are going to dictate if anything is
done to the exterior of the building.
And the building within the Historic District can't be torn down.
= Mr. Rinaldi: Yea, and even, well you've only bee= n to one meeting, but often times there's people who want to replace windows, they're going to want what are called appropriate windows that are historic= ally correct and look appropriate, so this could get, they're not just going to = say okay these windows are okay, they're going to want something that . . . . i= t's going to cost money.
= Ms. Adams: Well they can only dictate loo= k, they can't dictate materials, can they?
= Mr. Rinaldi: They can dictate what's appropriate= .
= Ms. Adams: So if say we can get fiberglas= s windows that look like wood, they can say no, you have to get wood?
= Mr. Rinaldi: No, we've appropriated fiberglass, = but they're going to want something that is gong to be comparable to what is th= ere now in looks. I can only spea= k for myself. That's the usual mood.
Regular Meeting
September 7, 2004
Page 24
=
Kevin Killeen,
= ; Mr. Killeen: When we talk abo= ut the exterior of the building, expressly for the purposes of limiting further da= mages to the exterior, interior of the building, it does not address at all the issues of viability, as the building as a professional space. In fact in order to do that it wou= ld take an engineering study in and of itself that would be very costly, and at that point we would incur costs that may make it an extremely expensive renovation, so the future viability of that building still remains a huge questions. We can't assess wh= at makes that building safe or not safe at this point in time without an engin= eered study and that in itself again would be an exceptional cost. When we talk about the outside, it= 's just limit damages at this point in time for future use, whatever that might be.
= Ms. Robson: I think, again just to reiterate o= n the interior, I agree also with what both of you have said, there are some issu= es structurally potentially with the interior of that building so I don't think they're looking at what office space is used but whether or not that buildi= ng is structurally sound, so I would encourage you to allow them to have the f= irm take a look at those issues as well, (inaudible) not the best use of the building but making sure that that building is sound.
= ; Mr. Kane: Anyone else?
= Mr. Porter: If you would be so good as to send= us an amendment to the charge, of what we discussed this evening so we can be cle= ar.
= Ms. Robson: What did you agree on the windows? Yes or no?
= Mr. Archer: I think if you're talking about sealing the building up from the elements, the windows are probably worth taking a stab at. I don't kno= w if we end up doing them, but (inaudible).
= ; Mr. Porter: It can be done as= an alternate. You can do alterna= tes for anything. You can define = your estimated costs by having some alternates to the main bid, which is done quite frequently.
= ; Mr. Archer: Right, like we di= d with the track?
= Mr. Porter: Yes.
= ; &n= bsp; Mr. Valenti: Meredith, is that going to be insured or do we self insure that? That must be insured right? We carry insurance on that?
= Ms. Robson: Yes.
Regular Meeting
September 7, 2004
Page 25
= Mr. Porter: Any other questions of the P.B.C.?<= /p>
=
; Mr.
Kane: No, thank you very =
much.
B. =
Consider
an Appropriation of $20,000 from the General Fund to the Board of Education=
's
General Fund for the Special Education Program and the High School for Fisc=
al
Year 2004-2005. Funds were
deposited in the General Fund from an Anonymous Gift to the Special Educati=
on
Program and
= M= OTION: (Mr. Archer, sec. Mr. Primini) to approve the appropriation from the School Gene= ral Fund in the amount of $20,000 from the General Fund to the Board of Educati= on's General Fund for the Special Education Program at the High School for Fiscal Year 2004/2005.
= D= iscussion: Mr. Nardelli: This is obviously a bookkeeping, the $20,000 came in from a donor so that would go in as a revenue item, and then you're just re-appropriating the $20,000 back to the Board of Education's b= udget for an expenditure, so the net affect is it doesn’t cost the Town anything.
= ; &n= bsp; = ; &n= bsp; Mr. Archer: Is this a private donation?
= &nb= sp; = Mr. Nardelli: Yes, it is.
= M= OTION PASSED UNANIMOUSLY
C. Consider Setting Date and Time for Special Town Meeting to Consider Appropriation fr= om Water Extension Fund Balance in the amount of $155,000 for the Stanley Aven= ue Extension, Shelter Hill, Happy Avenue, and Emile Avenue Water Mains (Tabled 8/16/04)
= M= OTION: (Mr. Archer, sec. Ms. Adams) to set a Special Town Meeting date for September 20, 2004 at the John Trumbull Media Center at 6:30 p.m. to consider an appropriation from the Water Extension Fund Balance in the amount of $155,0= 00 for the Stanley Avenue Extension, Shelter Hill, Happy Avenue, and Emile Ave= nue Water Mains.
= D= iscussion: None<= /p>
= M= OTION PASSED UNANIMOUSLY
Regular Meeting
September 7, 2004
Page 26
D. Consider Setting Date and Tune for Special Town Meeting to Consider Appropriation fr= om the Sewer Extension Fund in the amount of $135,000 for the Installation of a Gravity Sewer in Thomaston Road from Fern Hill Road.
=
M=
OTION: (Mr.
Archer, sec. Ms. Adams) to set a Special Town Meeting date for September 20,
2004 at the
= D= iscussion: Atty. Jessell: Currently there are 3 properties on= Route 6 that are served by force mains. I think probably Mr. Rinaldi understands what a force main is. It's not the best way of doing bus= iness by any stretch of the imagination. We have other properties in that area that are in dire need of sewer service. We're going to put a gravity main and a pumping station in to remedy the situation there. We currently have in our hands $57= ,000 towards this. We believe the = real cost of this is probably closer to $115,000 but we don't know what the contingency will be, so we’ve asked for a Special Town Meeting for $135,000. There are two addit= ional properties that can be assessed on this main, as well as certain Town prope= rty that can be serviced by this main, so I think there's a good purpose for it= and it will be mostly paid for out of assessments and assessed monies.
= &nb= sp; = Mr. Rinaldi: Maybe I missed something - back on = Item C, weren't we supposed to set a date and time?
= = ; &n= bsp; Mr. Kane: We did.
= = ; &n= bsp; Mr. Rinaldi: What was the dat= e and time?
=
&nb=
sp; =
Mr. Kane: September 20, 2004, 6:30 p.m.,
= M= OTION PASSED UNANIMOUSLY
E. = Discussion and Possible Action on the Assi= gnment of Real Estate Tax Liens
= M= OTION: (Mr. = Archer, sec. Mr. Primini) to approve the assignment of real estate tax liens for the Cura property.
= D= iscussion: = ; Mr. Wick: What's the amount?<= span style=3D'mso-spacerun:yes'> Was there more to it than this collection of emails, cause it's a little hard to follow.
Regular Meeting
September 7, 2004
Page 27
= &nb= sp; = Ms. Robson: I can have Randy come to the next Council meeting; he's been handling it.
= ; &n= bsp; = ; &n= bsp; Mr. Kane: Well obviously to g= et to us this had to have been going on for awhile. I don't know if we want to bring R= andy in here for this, but I'll listen to discussion.
= ; &n= bsp; = ; &n= bsp; Mr. Valenti: Ordinarily I'd a= gree wholeheartedly with Dick and most of the times I think I do, but without go= ing into detail, I think in general conversation, I think there are a lot of go= od reasons why this is a very good thing to do. And regardless (inaudible) value.<= /p>
= ; &n= bsp; = ; &n= bsp; Mr. Wick: I assume it's your recommendation that we go ahead with this as soon as we can, and time is of= the essence?
= &nb= sp; = Ms. Robson: Yes.
= M= OTION PASSED UNANIMOUSLY
F. = Discussion and Possible Action on Authoriz= ing Condemnation Proceedings for the Portion of Property Owned by 975 Main Stre= et, LLC which is required in Connection with the Fire Company No. 1 Renovation Project
=
M=
OTION (Mr.
Archer, sec. Ms. Adams) to authorize condemnation proceedings fro the porti=
on
of property owned by
= D= iscussion: Mr. Wick: Once condemnation proceedings are initiated, does that preclude negotiation?
= &nb= sp; = Ms. Robson: I don't think until they're settle= d it does. We can still try and wo= rk something out.
= ; &n= bsp; = ; &n= bsp; Mr. Wick: Okay, it would prec= lude negotiation until, as long as . . . .
= &nb= sp; = Ms. Robson: Right. We have tried.
= M= OTION PASSED UNANIMOUSLY
Regular Meeting
September 7, 2004
Page 28
10. &n=
bsp; Public
Participation
Bob Giannaccio,
Mr. Giannaccio: I just want to say one thing, =
and
this is a good statement I make. I like
the kids in Town. I'm for the
students in Town, and I'm sympathetic to the gentleman that said his 4 year=
old
daughter went home with a book that was dated 1991. We have an Assistant Superintenden=
t of
Schools who is not going to fill in for Dr. Pelosi when he leaves, so we're
going to pay someone to do that job to fill in, and still pay Dr. Pelosi.
Now I'm =
60 years
old, I've lived my whole life in this Town. I graduated from
Robert LeBlanc,
Mr. LeBlanc: I have a question for Mr. Porter.
Mr. Kane: Well not refurbish, maintain I bel= ieve he said.
Regular Meeting
September 7, 2004
Page 29
Mr. LeBlanc: There's a State Statute that states= that?
Mr. Kane: Is there a State Statute?
Mr. LeBlanc: Yea, can I . . . . .
Mr. Kane: Well your comments have to be made through the Chair. Can we go = back in the minutes and see what Mr. Porter said?
Mr. LeBlanc: It's too late, I'll check the minu= tes when they come out.
Mr. Kane: It's not, I'm not here to interrog= ate people who come up and speak.
Mr. LeBlanc: I just wanted to know what the= State Statute was, that's all. I ha= ve no problem with that. Secondly y= ou were talking about the Hearing Officer and the ordinances and Mr. Wick and I worked on the ordinances and we did away with 102 ordinances and we revamped and we put the teeth on who would in fact enforce the ordinances. That went before a Town Meeting an= d the Town approved it. 95% of the ordinances are enforced by the Police Chief, except the noise ordinance whi= ch is enforced by the Torrington Health District. And secondly you were saying somet= hing about the Hearing Officer, that was one of the ordinances that was passed b= y the Town saying that they shall have a Hearing Officer, so I just figured I'd t= hrow that in.
Mr. Kane: In your long background in dea= ling with ordinances and being on the ordinance committee, have you ever seen an= yone appeal a decision of an ordinance or citation?
Mr. LeBlanc: We were very careful when we drafte= d the ordinances that we said you could only fine someone $99 so they can't appeal it. If it's over $99 you have= to go to Superior Court so we were careful of that, correct Mr. Wick?
Mr. Wick: Most of the citations or the fines = rather say not more than $100.
Mr. LeBlanc: Right, over that you have problems = with Superior Court.
Mr. Kane: So then no one has appealed?
Mr. LeBlanc: No, no one has appealed yet, but it= 's just like having a law that the Townspeople want and we don't fulfill our obligation. Secondly we're ta= lking about the old Town Hall, as far as using the second floor, somebody mention= ed the second floor. As a firema= n I think you would appreciate that, there is only one entrance, one egress com= ing downstairs and that's the reason it was condemned by the Fire Marshall. Thank you.
Mr. Kane, Chairman, Closed Public Participation at 8:47 p.m.
Regular Meeting
September 7, 2004
Page 30
11.&n=
bsp; Anticipated
Executive Session
&=
nbsp; MOTION: (Mr. =
Archer,
sec. Mr. Wick) to enter into Executive Session at 8:48 p.m. for the purpose=
s of
discussing land acquisition with the 8 members of the Town Council, the Town
Manager, and the Assistant Town Manager.
&= nbsp; Discussion: None<= o:p>
&=
nbsp; MOTION
PASSED UNANIMOUSLY
Present = During Executive Session:
Elaine A= dams
Lee Arch= er
Karl Fis= her
Robert K= ane
Raymond = Primini
Paul Rin= aldi
Paul Val= enti
Richard = Wick
Frank Na= rdelli
Meredith= Robson
Mr. Kane, Chairman, Reconvened the Regu=
lar
Meeting at 9:31 p.m.
12.&n=
bsp; Adjournment
= ; MOTION: (Mr. Primini, sec. Ms. Adams) to Adjourn the Regular Meeting at 9:32 p.m.
<=
/span>Discussion: None<=
/p>
<=
/span>MOTION
PASSED UNANIMOUSLY <=
/span>Regular
Meeting Adjourned at 9:32 p.m. Respectfully
submitted, Robert
Kane, Chairman Approved: _______________________________ Lynn M. LaF=
orme,
Clerk