MINUTES
REGULAR MEETING
MONDAY, DECEMBER 20, 2004, 7:30 P.M.
PRESENT: = &nb= sp; Elaine Adams
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Karl Fisher
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Raymond Hebert, Jr., Vice Chairman
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Robert Kane, Chairman
&= nbsp; &nbs= p; &= nbsp; &nbs= p; 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; = Lee Archer
OTHERS PRESENT: Frank Nardelli, Finance Director/Assistant Town Manager
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Meredith Robson, Town Manager
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Joseph Summa, Town Attorney
1.&nb= sp; Call Meeting To Order
Mr. = Kane, Chairman, Called the Meeting to Order at 7:30 p.m.
2.&nb= sp; Roll Call
Ms. LaForme, Board Clerk, executed the Roll Call.
Mr. Kane: Mr. Archer has most recently been = working out of town so that's why he has missed a few meetings of late.
&= nbsp; Mr. Kane, Chairman, led the Pledge of Allegiance.
4.&nb=
sp; Public
Participation
=
; Robert
LeBlanc,
= ; Mr. LeBlanc: Did any kind of a directive go out to all of the department heads concerning reporting accide= nts and making out accident reports, and if there was a bulletin or anything se= nt to the department heads I would like to have a copy of it, if one went out.=
Regular Meeting
December 20, 2004
Page 2
Secondly I'd like to thank anybody who worked on lighting up the monument, it's beautiful. It goes on a littl= e late at night about 6:45, but at least it's better than it was sitting dark.
Thirdly
I'd like to question are we renting the scaffolding around the Town Hall?
=
; Mr.
Kane: Yes. =
; Mr.
LeBlanc: Would it be chea=
per
for us to buy them, for as long as we're going to have those up? Are they liable if anything happen=
s with
the scaffolding, or is the Town liable? =
; Mr.
Kane: Who is they? =
; Mr.
LeBlanc: The company that=
rents
the scaffolding to us. =
; Mr.
Kane: I don’t have =
the
agreement in front of me. Do =
you
have any information? Ms. Robson: If something happens somebody will
probably sue everybody and anybody, I mean there just isn't any way around
that. =
; Mr.
Kane: I think the scaffol=
ding
is there so nothing does happen.
It's preventative. Ms. Robson: Right. =
; Mr.
LeBlanc: This is =
; Mr.
Kane: No, I'm saying, the=
idea
behind the scaffolding is to prevent something from happening as opposed to=
the
reverse. =
; Mr.
LeBlanc: Well then the qu=
estion
arises, wouldn't it be cheaper for us to buy the scaffolding, because every=
body
predicts that this will be done within 3 months, but I think we'll have a
couple of years with the scaffolding around. =
; Mr.
Kane: We'll check that ou=
t,
sure, thank you. &=
nbsp; Mr.
Kane, Chairman, Closed Public Participation at 7:36 p.m. Regular Meeting December 20, 2004 Page 3 5.&nb=
sp; Minutes &=
nbsp; A. Regular
Meeting Minutes – December 6, 2004 =
; &n=
bsp; MOTION: (Mr. =
Wick,
sec. Mr. Primini) to Accept the Regular Meeting Minutes dated December 6, 2=
004
as presented. =
; &n=
bsp; Discussion: None<=
/p>
&=
nbsp; &nbs=
p; MOTION
PASSED UNANIMOUSLY 6.&nb=
sp; Sub-Committee
Reports A. &nbs=
p; Public
Works Subcommittee &nb=
sp; Ms.
Adams: We met last
Tuesday. Most of the meeting =
was
spent on review of the 2005/2006 budget, which I don’t know if Frank =
has
it yet, but if you don't, you will shortly. At our last meeting I talked about
asphalt and roads and how we had cut everything out of the current year's
budget and we're looking to hopefully get back on track with that program.<=
/p>
=
In
our packet there is a memo to Meredith from Roy Cavanaugh, Public Works
Director, regarding the NPDES Stormwater Phase II Plan. Is part of the Plan the, he's requ=
ired
to come in once a year and report to the Council, we reviewed it at the
subcommittee meeting and we felt that since he had just been here I think it
was a month ago when we approved the Stormwater Plan, that a memo would sui=
t,
but if the Council felt that they needed Roy to come back in, even if nothi=
ng
was changed with the plan, if they had any questions or concerns of course =
he
could do that, but we thought the memo at this point would work for us sinc=
e he
had just explained it to us a month ago.&n=
bsp;
If anyone has a question, contact him, or if the Council feel he sho=
uld
come in, we can have him come in. 7.&nb=
sp; Chairman’s
Report =
; A. Correspondence =
; =
; Mr.
Kane: A letter was receiv=
ed from
Representative Sean Williams regarding Mr. William Grenier of =
; &n=
bsp; Ms. Robson: Yes. =
; &n=
bsp; Mr. Kane: Regarding an issue he has so we'll =
be
addressing that for him? Regular Meeting December 20, 2004 Page 4 =
; &n=
bsp; Ms. Robson: Yes. =
; =
; Mr.
Kane: I also have a lette=
r from
the Water/Oak Gold Circle of Sports talking about a number of awards that a=
re
to be presented, 33 all NVL All Stars and 3 Coaches won league titles in To=
wn
so that's something that, January 2nd, they're having a Breakfast for these
recipients so if anyone is interested that's a pretty nice honor that these
individuals and teams, boys swimming, cross country and the like all did win
some pretty impressive titles, so if anybody is interested in that . . . .<=
/p>
=
; &n=
bsp; I
just want to wish everyone a Happy Holiday and hopefully a prosperous and
bright New Year, and we'll see everyone after the New Year of course, but j=
ust
a Merry Christmas to all. 8.&nb=
sp; Action
Items =
; A. Consider
Appointments to Boards and Commissions =
; &n=
bsp; None =
; B. =
Consider
Tax Refunds R
E S O L U T I O N 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: 1747 DiStasi, Sebastian &
Maria &n=
bsp; Amount
of Refund: &nb=
sp; $1,101.00 &=
nbsp; &=
nbsp; =
; Reason
for Refund: Per Assessor,
Assessed Value Decreased 1748 Ogren, John Allen &=
nbsp; &nbs=
p; Amount
of Refund: &nb=
sp; $ 33.86 &=
nbsp; &=
nbsp; =
; Reason
for Refund: Per Assessor,
Duplicate Payment Regular Meeting December 20, 2004 Page 5 1750 Murphy, &=
nbsp; &=
nbsp; =
; Reason
for Refund: Per Assessor,
Veteran Exemption Applied 1751 Murphy, &=
nbsp; &=
nbsp; =
; Reason
for Refund: Per Assessor,
Veteran Exemption Applied 1752 Murphy, &=
nbsp; &=
nbsp; =
; Reason
for Refund: Per Assessor,
Veteran Exemption Applied 1753 Murphy, &=
nbsp; &=
nbsp; =
; Reason
for Refund: Per Assessor,
Veteran Exemption Applied 1754 Ney, Mark & Andrea<=
span
style=3D'mso-tab-count:1'> &=
nbsp; &nbs=
p;
&=
nbsp;
&=
nbsp;
= ; Reason for Refund: Per Assessor, Veteran Exemption Applied
1755 Ney, Mark & Andrea<= span style=3D'mso-tab-count:1'> &= nbsp; &nbs= p; Amount of Refund: &nb= sp; $ 112.10
&=
nbsp;
&=
nbsp;
= ; Reason for Refund: Per Assessor, Veteran Exemption Applied
1756 Ney, Mark & Andrea<= span style=3D'mso-tab-count:1'> &= nbsp; &nbs= p; Amount of Refund: &nb= sp; $ 110.52
&=
nbsp;
&=
nbsp;
= ; Reason for Refund: Per Assessor, Veteran Exemption Applied
1757 Ney, Mark & Andrea<= span style=3D'mso-tab-count:1'> &= nbsp; &nbs= p; Amount of Refund: &nb= sp; $ 106.02
&=
nbsp;
&=
nbsp;
= ; Reason for Refund: Per Assessor, Veteran Exemption Applied
1758 Shea, James & Marye= llen &= nbsp; Amount of Refund: &nb= sp; $ 116.60
&=
nbsp;
&=
nbsp;
= ; Reason for Refund: Per Assessor, Veteran Exemption Applied
Regular Meeting
December 20, 2004
Page 6
1759 Shea, James & Marye= llen &= nbsp; Amount of Refund: &nb= sp; $ 112.10
&=
nbsp;
&=
nbsp;
= ; Reason for Refund: Per Assessor, Veteran Exemption Applied
1761 Shea, James & Marye= llen &= nbsp; Amount of Refund: &nb= sp; $ 106.02
&=
nbsp;
&=
nbsp;
= ; Reason for Refund: Per Assessor, Veteran Exemption Applied
Total for All Refunds &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; $2,470.58
Dated
at
_________________________
Robert Kane, Chairman
MOTION:&nb= sp; (Mr. Hebert, sec. Ms. Adams) to Approve the Resolution authorizing Tax Refunds as presented.
Discussion: None<= /p>
MOTION PASSED UNANIMOUSLY
&n= bsp; C. Consider Resolution Authorizing a Bid Waiver for a Vehicle Exhaust System for Engine= 2
R E S O L U T I O N
WHEREAS, Town Council approval is required for waiving the bid process and awarding a contract to the lowest responsive, responsible bidder;
WHEREAS, Town Council Authorization is required for any purchase exceeding $4,000 th= at has not been independently bid by the Town's Purchasing Agent;
WHEREAS, the Watertown Fire Department installed a Ward Diesel "No Smoke" vehicle exhaust system on Engine 4 and Engine 1 and have determined that sy= stem works well and are satisfied with its performance;
WHEREAS, it is the desire of the Fire Department to install the same system on Engin= e 2.
Regular Meeting
December 20, 2004
Page 7
WHEREAS, Ward is the only manufacturer of this specific type of filtration system.
NOW THEREFORE BE IT RESOLVED, that the Watertown Town Council hereby approves a= bid waiver for a Ward Diesel "No Smoke" vehicle exhaust system to be installed on Engine 1 at an approximate cost of $8,800.
Dated
at
_________________________
Robert Kane, Chairman
MOTION:&nbs= p; (Mr. Hebert, sec. Mr. Primini) to Approve the Resolution authorizing a Bid Waiver for a vehicle exhaust system for Engine #2.
Discussion: None<= /p>
MOTION = PASSED UNANIMOUSLY
9. &nb=
sp; Discussion
And Possible Action Items
A. Discussion
and Possible Action Concerning
Granting a Conditional Easement to
=
; &n=
bsp; MOTION: (Mr.
Hebert, sec. Mr. Primini) to authorize the granting of a conditional easeme=
nt
to Griffin School LLC for use of the parking lot across the street from
= ; &n= bsp; = ; &n= bsp; 1. = Griffin School LLC shall make improvements to the parking lot.
= ; &n= bsp; = ; &n= bsp; 2. = Easement is voidable at the option of the lease if the use of the building changes f= rom 55 and over housing.
= ; &n= bsp; = ; &n= bsp; 3. = Referral and approval of Planning and Zoning 8-24.
= ; &n= bsp; Discussion: Mr. Rinaldi: The Motion we just made, was it 9A= ?
= ; &n= bsp; = ; &n= bsp; Mr. Kane: 9A.
&nb= sp; = &nb= sp; Mr. Rinaldi: To grant an ease= ment for use of the parking lot, what does that mean in exact terms?
&nb= sp; = &nb= sp; Mr. Kane: I think we are goin= g to allow them the use for visitor parking, 9 parking spaces, is that the corre= ct number?
Regular Meeting
December 20, 2004
Page 8
= ; &n= bsp; = ; &n= bsp; Ms. Robson: Yes.
&nb= sp; = &nb= sp; Mr. Kane: And in return the p= arking lot, which as it is now, will be obviously improved, with new paving, strip= ing and landscaping, so I think we'll end up with more parking spaces than we currently have because there's no definition there.
&nb= sp; = &nb= sp; Mr. Rinaldi: Are we going to = let them use the parking lot in general or are we going to designate spots?
= ; &n= bsp; = ; &n= bsp; Ms. Robson: No, there would be designated spot= s.
&= nbsp; &nbs= p; &= nbsp; Mr. Rinaldi: I have a real pr= oblem with that. I think that we sh= ould just allow them to use the parking lot because granting them 9 designated parking spaces may create some problems.
&nb= sp; = &nb= sp; Mr. Kane: How so?
&nb= sp; = &nb= sp; Mr. Rinaldi: How do we enforce that? If I pull in there and = park in one of their designated parking spaces, who is going to throw me out? It= 's a public parking lot.
&nb= sp; = &nb= sp; Mr. Kane: I suppose it would = be up to them to enforce it. Correc= t?
= ; &n= bsp; = ; &n= bsp; Ms. Robson: No, I would imagine, I'm not sure,= but I imagine it would be just like any other parking enforcement. If they have a legal ease to use c= ertain parking spaces, then they have that right to them.
&nb= sp; = &nb= sp; Mr. Rinaldi: Do we as a Counc= il have the right to do that?
&nb= sp; = &nb= sp; Ms. Robson: To offer them par= king spaces?
= ; &n= bsp; = ; &n= bsp; Mr. Rinaldi: Yea, I mean we could offer them pa= rking in general, to say look, you can use the parking lot to make up the differe= nce in the spaces, but these are designated spaces.
&nb= sp; = &nb= sp; Mr. Kane: Does it matter what spaces they use?
&nb= sp; = &nb= sp; Ms. Robson: I don't know that= that, Paul, would work for the approvals that they're required to get from Planni= ng and Zoning. It was my underst= anding that they needed to have actual locations for parking, but I can check on t= hat.
Regular Meeting
December 20, 2004
Page 9
&nb= sp; = &nb= sp; Mr. Kane: I don't understand = why it would make a difference which parking spaces they would use. Let's say there were just generall= y open spaces or we made specific spaces, that's the difference? As long as we have a set number of spaces there.
&nb= sp; = &nb= sp; Mr. Rinaldi: It's come to my = belief that that parking lot was allowed to be used by the Town for parking. There was no restrictions on that = lot, but it was to be used for public parking, and I think that if we grant 9 particular parking spaces we might violate that caveat.
= ; &n= bsp; = ; &n= bsp; Ms. Robson: But there is no deed restriction r= elated to that.
&nb=
sp; =
&nb=
sp; Mr.
Rinaldi: No, there's no d=
eed
restriction, other than it has to be used for public parking. This will not be public parking.
= ; &n= bsp; = ; &n= bsp; Ms. Robson: I don't have the . . . . with me, = but . . . . .
&nb=
sp; =
&nb=
sp; Ms.
Adams: No, I don’t
either. The one I have is from
Franklin Pilicy, it talks about non-exclusive parking is what
&nb= sp; = &nb= sp; Mr. Rinaldi: It means what?
= ; &n= bsp; = ; &n= bsp; Ms. Robson: Yea, but it doesn't say we have to= give it, doesn't say it has to be non-exclusive.
&nb= sp; = &nb= sp; Mr. Kane: It says there are n= o deed restrictions on the parking lot.
&nb= sp; = &nb= sp; Ms. Adams: No, it just says r= ecommendations.
= ; &n= bsp; = ; &n= bsp; Mr. Hebert: We're talking 9 spots?
&nb= sp; = &nb= sp; Mr. Kane: Well that's what th= ey need as far as a number for the project.
&nb= sp; = &nb= sp; Mr. Hebert: I think with the = amount of work that they're going to end up doing to straighten out that lot, 9 ma= rked spots?
Regular Meeting
December 20, 2004
Page 10
=
; &n=
bsp; =
; &n=
bsp; Mr. Rinaldi: I think the issue is should we all=
ow
them to use the 9 spots, not whether they're going to fix the lot or not.
&nb= sp; = &nb= sp; Mr. Hebert: I don't think it's going to be an issue.
&nb= sp; = &nb= sp; Mr. Kane: No, I don’t.<= /p>
=
; &n=
bsp; =
; &n=
bsp; Mr. Rinaldi: This is
&nb= sp; = &nb= sp; Mr. Hebert: I understand that= , but how many times have you actually seen that lot ever full?
&nb= sp; = &nb= sp; Mr. Rinaldi: It's never been = full, but you know if you designate spots, somebody is going to challenge it.
&nb= sp; = &nb= sp; Mr. Kane: I don't see where t= here is. I think Atty. Pilicy and = Atty. McHugh both concur, according to the letter I have in front of me, so I don= 't think there is an issue. Seco= ndly I think we're going to end up with more parking spaces through this proposal = than we currently have.
&nb= sp; = &nb= sp; Mr. Rinaldi: I thought it sai= d not for exclusive use?
= ; &= nbsp; &nbs= p; &= nbsp; Ms. Robson: Well there was a recommendation th= at was made, but not a requirement.
&nb=
sp; =
&nb=
sp; Ms.
Adams: That was
&nb= sp; = &nb= sp; Mr. Hebert: I don't personall= y think 9 spots is a deal breaker. Fo= r what they're going to do and what we're going to get in return, it will make tha= t a whole area look a lot better along with what they're doing to Griffin Schoo= l. To have them put signs up on 9 spo= ts, I don't think it's going to be a problem.&nb= sp; I think you'll get more parking and it will make everything look bet= ter.
Regular Meeting
December 20, 2004
Page 11
= ; &n= bsp; = ; &n= bsp; Mr. Rinaldi: You don't feel, I don't know, I'm = just playing the Devil's Advocate, you don't feel that at some point someone is going to come to this Council and say my tax money, that's public property = and I can't park where I want.
&nb= sp; = &nb= sp; Mr. Kane: You can say that ab= out every decision we make. Someo= ne could walk in and say that's my tax money you just spent on the exhaust sys= tem on the fire engine you just approved. You could say that about anything, then we wouldn't make any decision because you could say that about everything.
&nb= sp; = &nb= sp; Mr. Rinaldi: Point well taken= , but we don’t have people off the street driving fire engines.
&nb= sp; = &nb= sp; Mr. Kane: No, but my point is= not about driving the fire engine, but you made a point of taxpayer money and taxpayer dollars and someone could come in and say my taxpayer dollars shouldn't pay for that parking space, well nor could they pay for A, B, C, = D, or E. There are many things t= hat we approve every day.
&nb=
sp; =
&nb=
sp; Mr.
Rinaldi: What would happe=
n if
we allowed someone to open a hot dog stand on the Green in
&nb=
sp; =
&nb=
sp; Mr.
Kane: But we're not allow=
ing
someone to open a hot dog stand on the Green in
&nb= sp; = &nb= sp; Mr. Rinaldi: We could, theoretically if we're giving parking spaces away, we could . . . . .
&nb= sp; = &nb= sp; Mr. Kane: Well I think we're = getting a little off the subject now because this is part of a development that is taking place, this is part of an improvement in a neighborhood that will see great activity through this project.
&nb= sp; = &nb= sp; Mr. Rinaldi: But it's also for someone's personal gain.
= ; &n= bsp; = ; &n= bsp; Mr. Kane: There is gain to the developers of= the site, correct, but there is also gain to the Town of Watertown cause we're putting a property that's never been on the tax roils on the tax rolls, so those tax dollars for those minor parking spaces won't even come into play compared to what we're going to earn on a property that has never been on t= he tax rolls.
Regular Meeting
December 20, 2004
Page 12
&nb= sp; = &nb= sp; Mr. Wick: The Motion that you= read Ray, could you read the second point again?
&nb= sp; = &nb= sp; Mr. Hebert: The easement is voidable at the option of the lease if the use of the building changes from= 55 and over housing.
= ; &n= bsp; = ; &n= bsp; Mr. Wick: And then the point with respect to= the improvements to the lot, there was no explanation in the motion about what specific improvements we're talking about.= Are we talking about the improvements that were proposed at a meetin= g we had here several weeks ago? A= re we talking about the same plan?
&nb= sp; = &nb= sp; Mr. Kane: The improvements th= at Dick is asking about, that is in the contract with Griffin LLC about stripi= ng and . . . . .
&nb= sp; = &nb= sp; Ms. Robson: It would be part = of the agreement that you have for the parking spaces.
= ; &n= bsp; = ; &n= bsp; Mr. Wick: As originally proposed.
&nb= sp; = &nb= sp; Mr. Kane: Proposed months ago= to us.
&nb= sp; = &nb= sp; Ms. Robson: Yea.
&nb= sp; = &nb= sp; Mr. Rinaldi: Dick, could you = repeat the first part of your question, I didn't hear what you said?
= ; &n= bsp; = ; &n= bsp; Mr. Wick: I asked two questions. Which question are you talking abo= ut?
&nb= sp; = &nb= sp; Mr. Rinaldi: The first one.
= ; &n= bsp; = ; &n= bsp; Ms. Wick: I just asked Ray if he would rerea= d the second point in the Motion, because I didn't understand it when he read it = the first time.
&nb= sp; = &nb= sp; Mr. Primini: I do agree that = we're going to get quite a bit of extra parking spaces out of there being striped= and everything like this, but the question I have is if they're going to have u= se of those 9 spaces, are they going to be required to maintain those spaces at the same time too?
Regular Meeting
December 20, 2004
Page 13
&nb= sp; = &nb= sp; Ms. Adams: Plow snow, sand.
= ; &n= bsp; = ; &n= bsp; Ms. Robson: I supposed you could put that in t= he agreement.
&nb= sp; = &nb= sp; Mr. Primini: I'm just questio= ning it from a liability concern because if they're going to have use, then they should be required to maintain those spaces at the same time.
&nb= sp; = &nb= sp; Ms. Robson: I'll have to chec= k with the attorney. I hear what you= 're saying though.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: Who takes care of it now? Do we plow it in the Winter?= Does the Town plow it?
&nb= sp; = &nb= sp; Ms. Robson: I'm not even sure= .
&nb= sp; = &nb= sp; Mr. Rinaldi: There was a plow= there this morning, I think it was a Town truck.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: What about lighting for the parking spaces? Is that going to be required?
&nb= sp; = &nb= sp; Ms. Robson: Lighting hasn't b= een brought up at all in any my discussions.
&nb= sp; = &nb= sp; Mr. Kane: Is there lighting t= here now?
= ; &n= bsp; = ; &n= bsp; Ms. Robson: Yea, I think it's just the street = light.
&nb= sp; = &nb= sp; Ms. Adams: Will the street li= ght be enough? Okay. The second question I have, has Li= ttle League been contacted and met with and explained to what we were possibly looking to do is to give an easement for parking spaces to put up striping,= to repave it, to put in shrubbery? Have they been talked to at all?
&nb= sp; = &nb= sp; Ms. Robson: I haven't contact= ed the, I don't know if Atty. McHugh has.&nbs= p; I can check with him.
=
; &n=
bsp; =
; &n=
bsp; Ms. Adams: I think I said a long time ago tha=
t I
really felt that if this is what we were looking at, that we had an obligat=
ion
to talk to them about that and get their feelings on this, or their input.<=
/p>
Regular Meeting
December 20, 2004
Page 14
&nb= sp; = &nb= sp; Mr. Kane: I think it's going = to be again, going back to my earlier point to Paul, a considerable gain consider= ing we're going to gain more parking spaces and striping and landscaping so I d= on't know, I can't speak for everyone, but I don't imagine them being against something like this when it's an improvement to the area and to the whole facility.
&nb= sp; = &nb= sp; Ms. Adams: I just felt that we should make them aware and more of a community relations standpoint versus anything else.
= ; &n= bsp; In Favor: &= nbsp; Ms. Adams, Mr. Hebert, Mr. Kane, Mr. Primini, Mr. Wick
= ; &n= bsp; Opposed: = Mr. Fisher, Mr. Rinaldi, Mr. Valenti
= ; &n= bsp; MOTION CARRIED (5-3-0)
B. =
Discussion
and Possible Action on Authoriz=
ing
the Town Manager to Solicit from the Planning and Zoning Commission 8-24 for
the Conditional Easement Granted to
= ; &n= bsp; MOTION: (Mr. Hebert, sec. Mr. Primini) to Authorize the Town Manager to request 8-24 approval from the Planning and Zoning Commission for the Conditional Easeme= nt Granted to Griffin School LLC.
= ; &n= bsp; Discussion: None<= /p>
= ; &= nbsp; In Favor: &= nbsp; Ms. Adams, Mr. Hebert, Mr. Kane, Mr. Primini, Mr. Wick
= ; &n= bsp; Opposed: = Mr. Fisher, Mr. Rinaldi, Mr. Valenti
= ; &n= bsp; MOTION CARRIED (5-3-0)
C. Discussion and Possible Action on Setting = Public Hearing Date for a Proposed Amendment to the Code of Ordinances Concerning = the Regulation of Ice Skating on Public Property
=
; &n=
bsp; MOTION: (Mr.
Hebert, sec. Mr. Wick) to conduct a Public Hearing to be held on January 3,
2005 at 7:15 p.m. at the
= ; &n= bsp; Discussion: None<= /p>
&= nbsp; &nbs= p; MOTION PASSED UNANIMOUSLY
Regular Meeting
December 20, 2004
Page 15
&n= bsp; D. Discussion and Possible Action on an Appropriation from the General Fund to the Board of Education Budget to Fun= d a Lease for the Temporary Generator at Polk School
=
; &n=
bsp; MOTION: (Mr.
Hebert, sec. Mr. Primini) to Approve an Appropriation in the amount of $4,5=
00
from the General Fund to the Board of Education budget for the Temporary
Generator at
= ; &n= bsp; Discussion:: = ; Mr. Abdalla: When I was here = the last time we spoke about $4,500 to rent a unit to, unit was not currently available. And the generator = that we were interested in getting was not available at that time. However I've got another possibili= ty for you, which I would ask you to at least consider. You're talking about $4,500 to ren= t a unit for approximately 3 months. For a little bit more than that, a little over $5,000, we can purcha= se a much better unit and for me to spend $4,500 on rental when for $5,000 we can get a much better unit, seemed to be a more judicious decision to get the better unit for the Town in the long run.&= nbsp; If I may can I present you some information regarding that?
&nb= sp; = &nb= sp; Ms. Adams: When can you have = the unit?
= ; &n= bsp; = ; &n= bsp; Mr. Abdalla: It's down South right now we can h= ave it in 10 days. They're saying Ja= nuary 7th with a little flexibility in there, but they're looking at January 7th = as the delivery date for a much better unit.&= nbsp; If I may I will distribute this information to you. We've been looking at this for a f= ew days now when we were thinking about the cost of $4,500 for rental which to= me is something I would try to avoid if at all possible.
&nb= sp; = &nb= sp; Ms. Robson: Is that in lieu t= hen of the purchase?
&nb= sp; = &nb= sp; Mr. Kane: What he is suggesti= ng is instead of the original purchase and renting a generator in the interim, ju= st buy a different unit for the same money, actually it's . . . . .
&nb= sp; = &nb= sp; Ms. Robson: And it will come = in 10 days.
= ; &n= bsp; = ; &n= bsp; Mr. Abdalla: Right.
&nb= sp; = &nb= sp; Mr. Wick: In other words the = Chevy takes 3 months but the Cadillac is available now.
Regular Meeting
December 20, 2004
Page 16
&nb= sp; = &nb= sp; Mr. Abdalla: Right. The unit is heavier and it's large= r than the one we had spoken about previously and so a crane would be necessary for movement.
&nb= sp; = &nb= sp; Mr. Kane: Does that mean more money?
= ; &n= bsp; = ; &n= bsp; Mr. Abdalla: Yes.
&nb= sp; = &nb= sp; Mr. Kane: On top of this?
&nb= sp; = &nb= sp; Mr. Abdalla: No, the sheet I = just passed out to you, if you look at the bottom of the page, the original unit= was $20,810, including the rental, the unit that we're speaking of is $21,355 so for $550 we're talking about a much better unit and not quite immediately available, but within 2 weeks it would be.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: What would you be able to do diffe= rently with this unit, be able to run more power?= What would be the benefit of . . . . .
&nb= sp; = &nb= sp; Mr. Abdalla: This is the old = unit, we can briefly talk about the difference between the two. You received this document before = but I'm sure (inaudible). On the = sheet of the larger machine the following areas are different. It has a larger, more sophisticated control panel, local temperature, local and automatic shut down, voltage adjuster, low gas pressure alarm, lube oil heater, 16 light remote enunciat= or, and overhead operational shut down, rather overload shut down. These things are in addition to the other features that would be available on the machine we talked of original= ly.
= ; &n= bsp; = ; &n= bsp; The second aspect, this is 60 kilowatts, the other machine is 50 kilowatts so t= here is a 20% increase in available power from this unit. Originally it had been our hope to= get the cheaper unit, the less expensive unit on board immediately. We did some research on that and t= here was a possibility in fact that we were able to get one on the last day that= we were told that the machine was on reserve, the customer in fact did specify delivery so it went out the board. At that point we started talking about the rental, however as we were discussing it and the cost of the rental, I thought it would behoove us to investigate the possibility of getting a slightly better machine for essentially the same money.
&nb= sp; = &nb= sp; Mr. Kane: When you came to us originally with the caveat that you may be requesting this rental, it was mentioned $4,500,and in fact our Motion is $4,500, but in this breakdown you gave us says $4,800.
Regular Meeting
December 20, 2004
Page 17
&nb= sp; = &nb= sp; Mr. Abdalla: At that point we= had made an error, there was a $300 electrical charge that had not been include= d in the original documentation.
&nb= sp; = &nb= sp; Mr. Kane: So the Motion we ma= de would have been incorrect. Yo= u want more than that?
&nb= sp; = &nb= sp; Mr. Abdalla: It would have be= en $300 less, yes. That is corre= ct, sir.
&nb= sp; = &nb= sp; Mr. Kane: $4,500 is correct, = or $4,800?
= ; &n= bsp; = ; &n= bsp; Mr. Abdalla: $4,800 is correct, it was $300 les= s than it should have been in our original discussion.
&nb= sp; = &nb= sp; Ms. Adams: And this reserve h= ere for 5 business days, you're holding it pending our decision?
&nb= sp; = &nb= sp; Mr. Abdalla: Yes.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: For $300 more?
&nb= sp; = &nb= sp; Mr. Kane: It's $500.
&nb= sp; = &nb= sp; Ms. Adams: $500?
&nb= sp; = &nb= sp; Mr. Abdalla: It's $300 more, = $550 more than that, so it's $850 over my original presentation for the far supe= rior machine.
= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: Was there a bid waiver done on this originally, cause it's over the $4,000?&nb= sp; I wasn't here at the December 6th meeting.
&nb= sp; = &nb= sp; Mr. Kane: Well yes. We approved the expenditure of the original $15,000.
&nb= sp; = &nb= sp; Mr. Nardelli: Right, but was = there . . . . because it's more than $4,000 we have to do a bid waiver too.
&nb= sp; = &nb= sp; Ms. Robson: So you can add th= at to your Agenda tonight.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: I thought it was just dollars from= the General Fund; I don't think we did a bid waiver.
Regular Meeting
December 20, 2004
Page 18
&nb= sp; = &nb= sp; Ms. Robson: No, I don't think= we did. I think you need to do t= hat tonight.
&nb= sp; = &nb= sp; Mr. Wick: One of the estimate= s here is the $4,800 rental, $4,500 for 3 months and $300 installation, I understa= nd that. What are the chances th= at the original unit would be available sooner than 3 months? (Tape #1, Side A ended - may have = missed some.)
&nb= sp; = &nb= sp; Mr. Abdalla: The delivery date would be 8 - 10 weeks, and I think I mentioned that the last time I was here. I guess maybe I'm getti= ng old and cynical, when somebody tells me something is going to be delivered in 8= - 10 weeks, I figure 12 weeks is realistic.
= ; &n= bsp; = ; &n= bsp; Mr. Wick: But is there a chance that . . . . .
&nb= sp; = &nb= sp; Mr. Abdalla: It is possible t= hat it could be available within 2 months or 2.5 months.
&nb=
sp; =
&nb=
sp; Mr.
Wick: It could be, yea.
&nb= sp; = &nb= sp; Mr. Abdalla: Exactly, but aft= er 3 months we're essentially through the Winter season so a delay at that point truthfully becomes less important.
&nb= sp; = &nb= sp; Mr. Kane: At the last meeting= we approved their request, (inaudible) to replace the generator.
&nb= sp; = &nb= sp; Ms. Adams: Yea, no bid waiver= .
&nb= sp; = &nb= sp; Mr. Abdalla: I guess I've nic= ely confused the consideration.
= ; &n= bsp; = ; &n= bsp; Mr. Valenti: Two weeks ago when you made this presentation to the Council I felt we had actually made the approval to go purchase the now lower cost unit so at that time wouldn't that start the 8 = - 10 week clock for delivery?
&nb= sp; = &nb= sp; Mr. Abdalla: At that point in= time what we had talked about was the possibility of getting a rental until such time as the original, the new unit could be provided. We contacted the company and was t= old that a unit might be available, it would take about a week before they were able to tell us exactly. So a= t that time a week went by and then a couple more days and towards the middle of l= ast week we became aware of the fact that the unit that they said might become available was in fact not available.
Regular Meeting
December 20, 2004
Page 19
&nb= sp; = &nb= sp; Mr. Valenti: That was for ren= tal though?
&nb= sp; = &nb= sp; Mr. Abdalla: That was for ren= tal.
= ; &n= bsp; = ; &n= bsp; Mr. Valenti: But my question, so as of 2 weeks = ago, if we approved the purchase of the new, lower cost unit, as of that date, 8 weeks forward to 10 weeks forward we would have counted from 2 weeks back.<= span style=3D'mso-spacerun:yes'> Correct or incorrect?
&nb= sp; &= nbsp; &nbs= p; Mr. Abdalla: Then company sai= d they would not begin the construction in planning their work until they found out whether they were going with a unit for rental or immediately start product= ion.
&nb= sp; = &nb= sp; Mr. Valenti: I see. So we would be counting 8 - 10 fro= m as of whenever you, a final decision is made.
&nb= sp; = &nb= sp; Mr. Abdalla: From tomorrow.
= ; &n= bsp; = ; &n= bsp; Mr. Valenti: And then what is the difference in= time between that 8 and 10 for the old lower cost unit, versus how quickly we can have the newer, better unit?
&nb= sp; = &nb= sp; Mr. Abdalla: They said the ne= wer better unit in fact is available and it would be available and they suggest January 7th to get it up here and installed?
&nb= sp; = &nb= sp; Mr. Valenti: So about 2 weeks= ?
&nb= sp; = &nb= sp; Mr. Abdalla: A little over 2 = weeks, yes sir.
= ; &n= bsp; = ; &n= bsp; Mr. Valenti: So we'd be saving roughly 5 to 6 w= eeks?
&nb= sp; = &nb= sp; Mr. Abdalla: I think that's probably conservative. I thin= k 8 weeks is probably more realistic.
&nb= sp; = &nb= sp; Mr. Primini: I think it makes= sense to go with the larger unit and get it installed all in one shot, instead of= a temporary unit, for the matter of $500 or around that range, it makes more sense to go with the larger unit. Hopefully the larger unit will be less of an overload on the system = at the same time.
&nb= sp; = &nb= sp; Mr. Kane: When you were origi= nally doing your research on this, this larger better unit, whatever you want to = call it, did they make you aware of that product at that time?
Regular Meeting
December 20, 2004
Page 20
= ; &n= bsp; = ; &n= bsp; Mr. Abdalla: No they did not.
&nb= sp; = &nb= sp; Mr. Kane: Did you ask them wh= y they didn't?
&nb= sp; = &nb= sp; Mr. Abdalla: No, I did not.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: Would they give you an apples to a= pples type of generator, is that basically what they were giving you? The same size and capability of yo= u have now?
&nb= sp; = &nb= sp; Mr. Abdalla: Yes, our current= ly generator, yes.
&nb= sp; = &nb= sp; Mr. Kane: And were you going = to rent this temporary one from the same company?
&nb= sp; = &nb= sp; Mr. Abdalla: Yes.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: And they don't make the parts for = the old one anymore?
&nb= sp; = &nb= sp; Mr. Abdalla: We did look into= that, and they will sell us a new motor, a refurbished motor cause the engine tha= t is currently on the unit is no longer manufactured, but the refurbished motor would have a 90 day guarantee.
&nb= sp; = &nb= sp; Ms. Adams: Do you have any id= ea why they aren't manufacturing anymore?
&nb= sp; = &nb= sp; Mr. Abdalla: That unit has to= be a good 30 years old. Why they s= topped I truthfully don't know.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: Did you ask them if there was ever= a recall on it, were there were problems why they stopped manufactufting it?<= /p>
&nb= sp; = &nb= sp; Mr. Abdalla: No, I did not.
&nb= sp; = &nb= sp; Ms. Adams: Maybe you want to.= Maybe we got something coming for = that.
&nb= sp; = &nb= sp; Mr. Abdalla: We have explored= the possibility of maybe getting something and that did not pan out.
= ; &n= bsp; = ; &n= bsp; Mr. Rinaldi: Is there any difference in the life expectancy between the two?
Regular Meeting
December 20, 2004
Page 21
&nb= sp; = &nb= sp; Mr. Abdalla: No. There is a 2 year guarantee on bot= h of them. However with a 60 kilow= att versus 50 kilowatt the pull on the engine will be considerably less for essentially the same work. The engine provides lights and operates the heating unit and with the extra 10 kilowatts the strain on the engine will be less for the period of time it i= s in fact functioning.
&nb= sp; = &nb= sp; Mr. Valenti: You almost touch= ed on it, but just to complete the picture for us on the Council, what is the min= imum kilowatt requirements for what you're seeking this generator to protect in = the building?
&nb= sp; = &nb= sp; Mr. Abdalla: The 50 watt that= we had originally talked about.
= ; &n= bsp; = ; &n= bsp; Mr. Valenti: There's no leeway there? I mean 50 is minimum requirements = for what you would want it to do?
&nb= sp; = &nb= sp; Mr. Abdalla: It is what is sa= fe for the building and safe for the unit. You could hook up a machine just to produce enough electricity for t= he boilers but then you're putting a strain on the unit, which in fact will gi= ve you a shorter life expectancy.
&nb= sp; = &nb= sp; Mr. Kane: Frank or Meredith, = maybe you can help us out, if we are to go with Mr. Abdalla's recommendation, sho= uld we then remove the Motion that we currently have on the floor and then what about the original $15,000 that we approved?
&nb= sp; = &nb= sp; Mr. Nardelli: The original $1= 5,000, I believe you approved $15,010 so that would stay, that's already been appropriated. If you went for= the new unit, you need an additional $6,345 appropriation that would get you to= the $21,355 figure.
= ; &n= bsp; = ; &n= bsp; Ms. Robson: And you would also need to make a = Motion to add to the Agenda the bid waiver for that amount.
&nb= sp; = &nb= sp; Mr. Kane: For the total amoun= t of $21,355.
&nb= sp; = &nb= sp; Ms. Robson: Right.
&nb= sp; = &nb= sp; Mr. Kane: Would you like to Withdraw your Motion? Unless = I'm hearing otherwise from the members that we don't want to go with Mr. Abdall= a's recommendation, it sounds as if we do want to go with that recommendation, unless I hear otherwise. Okay= . So you want to withdraw your Motio= n?
Regular Meeting
December 20, 2004
Page 22
Mr. Hebert Withdraw His Motion.
Mr. Primini Withdrew His Seconding of the Motion.
= ; &n= bsp; Mr. Kane: Want to make a new Motion for this appropriation?
= ; &n= bsp; Mr. Hebert: Yea, with that $6,345 plus $4,500 correct?
= ; = ; Ms. Adams: No.
= ; &n= bsp; Mr. Kane: We're withdrawing our $4,500, so we originally approved $15,010 two weeks ago, so what we need to do is approve= another $6,345 and then we'll have to add to the Agenda a bid waiver for Item 9E.
=
; &n=
bsp; MOTION: (Mr.
Hebert, sec. Ms. Adams) to approve the appropriation in the amount of $6,345
from the General Fund to the Board of Education Budget for the Generator fo=
r
= ; &n= bsp; Discussion: None<= /p>
= ; &n= bsp; MOTION PASSED UNANIMOUSLY
=
; &n=
bsp; MOTION: (Mr.
Hebert, sec. Mr. Wick) to Add Agenda Item 9E, Bid Waiver for Replacement
Generator at
= ; &n= bsp; Discussion: Ms. Adams: Do you need to know who the bid waiver is for?
= ; &n= bsp; = ; &n= bsp; Mr. Kane: I was just going to ask that.
= ; &n= bsp; = ; = ; Ms. Adams: I'll amend the Mot= ion . . . .
= ; &n= bsp; = ; &n= bsp; Mr. Kane: Is that in there?
= ; &n= bsp; = ; &n= bsp; Ms Robson: You're getting it from H.O. Penn, correct?
= ; &n= bsp; = ; &n= bsp; Mr. Hebert: No, but you have to put that in your motion for a bid waiver. That= could be in the specific motion we make after this, for 9E. This is just adding to the Agenda = right now.
= ; &n= bsp; MOTION PASSED UNANIMOUSLY
Regular Meeting
December 20, 2004
Page 23
=
; E. =
Bid
Waiver for Replacement Generator at
=
; &n=
bsp; MOTION: (Mr.
Hebert, sec. Ms. Adams) to approve a Bid Waiver in the amount of $21,355 for
Replacement Generator for
= ; &n= bsp; Discussion: Mr. Wick: The actual purchase price from H.O.= Penn is $17,855. The other expenses cause it to be increased to $21,355 so should the bid waiver be specifically for the $17,855 with H.O. Penn?
= ; &n= bsp; = ; &n= bsp; Ms. Robson: Are they doing the installation?
= ; &n= bsp; = ; &n= bsp; Mr. Abdalla: We'll do the installation, they'll= do the set up and test firing.
=
; &n=
bsp; =
; &n=
bsp; Mr. Kane: Yea, but the crane is different.
&nb= sp; = &nb= sp; Ms. Robson: Well that's what = I was asking. H.O. Penn is doing th= e additional work, the thousand . . . . .
= ; &n= bsp; = ; = ; Mr. Abdalla: No, they are not= . H.O. Penn will do the initial installation, the wiring, that sort of thing, and then they'll do the initi= al firing to make sure the machine is working properly and tie it into the building, however the installation aspects will be under our control and lo= cal personnel.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: So we're doing the electrical,= the gas install, and the disposal of the old unit is coming onto the Town . . .= . .
= ; &n= bsp; = ; &n= bsp; Mr. Kane: My question is if we even need= to mention H.O. Penn in the actual Motion.&nb= sp; I mean we did a bid waiver for a vehicle exhaust system on Engine 2 earlier tonight and we didn't mention who is doing that. Is that necessary, Frank?
= ; &n= bsp; = ; &n= bsp; Mr. Nardelli: In that other Motion they installed= the word diesel no smoke vehicle exhaust is spelled out.
= ; &n= bsp; = ; &n= bsp; Ms. Robson: That's a brand.
= ; &n= bsp; = ; &n= bsp; Ms. Adams: The Resolution is spelled out.
Regular Meeting
December 20, 2004
Page 24
= ; &n= bsp; Mr. Kane, Chairman, called a 5 minute Recess&n= bsp; at 8:16 p.m.
= ; &n= bsp; Mr. Kane, Chairman, Reconvened the Regular Meeting at 8:20 p.m.
Mr. Hebert Withdrew His Motion.
Mr. Primini Withdrew His Seconding of the Motion.
=
; &n=
bsp; MOTION: (Mr. =
Hebert,
sec. Mr. Primini) to authorize a Bid Waiver for the purchase by the Board of
Education for a Generator for
= ; &n= bsp; Discussion: Mr. Valenti: I'll be voting for this, however, = and this is no fault to the Board of Education or us here on the Council, but t= his is the kind of thing in my opinion that people in this Town see, wrongly cl= aim that there is incrementalism in the prices of things, cause somebody is goi= ng to say well wait a minute, it was $15,000 and now you're talking $21,000 an= d I just hope they read the full account or watch the full tape cause I know To= mmy and Jim will accurately reflect why this is necessary so that these kind of (inaudible) stories of escalating costs are accurately reported.
= ; &n= bsp; = ; &n= bsp; Mr. Primini: I don't think we'll have any probl= ems with the newspaper accurately reporting what the difference is of $500. We're getting a better unit instea= d of renting a unit for $500.
= ; &n= bsp; MOTION PASSED UNANIOMOUSLY
= ; MOTION: (Mr. Hebert, sec. Ms. Adams) to switch Items 10 and 11; Item 10 will become Publ= ic Participation and Item 11 will become Executive Session.
= ; Discussion: None<= /p>
= ; MOTION PASSED UNANIMOUSLY
10. &n=
bsp; Public
Participation
None
Mr. Kane= , Chairman, Closed Public Participation at 8:22 p.m.
Regular Meeting
December 20, 2004
Page 25
11.&n=
bsp; Executive
Session
&=
nbsp; A. Discussion
of Privileged Communication from Labor Counsel
&=
nbsp; &nbs=
p; MOTION: (Mr.
Hebert, sec. Mr. Primini) to enter into Executive Session at 8:23 p.m. for =
the
purpose of discussion of privileged communication from labor counsel to inc=
lude
the 8 members of the Town Council, the Town Manager, the Assistant Town
Manager, and Atty. Joe Summa.
&= nbsp; &nbs= p; Discussion:= None<= o:p>
&=
nbsp; &nbs=
p; MOTION
PASSED UANNIMOUSLY
&=
nbsp; &nbs=
p; Present
During Executive Session:
&=
nbsp; &nbs=
p; Elaine
Adams
&=
nbsp; &nbs=
p; Karl
Fisher
&=
nbsp; &nbs=
p; Raymond
Hebert
&=
nbsp; &nbs=
p; Robert
Kane
&=
nbsp; &nbs=
p; Raymond
Primini
&=
nbsp; &nbs=
p; Paul
Rinaldi
&=
nbsp; &nbs=
p; Paul
Valenti
&=
nbsp; &nbs=
p; Richard
Wick
&=
nbsp; &nbs=
p; Frank
Nardelli
&=
nbsp; &nbs=
p; Meredith
Robson
&=
nbsp; &nbs=
p; Joseph
Summa, Town Attorney
&=
nbsp; &nbs=
p; Mr.
Kane, Chairman, Reconvened the Regular Meeting at 9:00 p.m.
12.&n=
bsp; Adjournment
= ; MOTION: (Mr. Hebert, sec. Ms. Adams) to Adjourn the Regular Meeting at 9:00 p.m.
<=
/span>Discussion: None<=
/p>
<=
/span>MOTION
PASSED UNANIMOUSLY <=
/span>Regular
Meeting Adjourned at 9:00 p.m. Respectfully
submitted, Robert
Kane, Chairman Approved: _______________________________ Lynn M. LaF=
orme,
Clerk