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Minutes 03/17/2003
                                MINUTES
                   CITY COUNCIL & WPC AUTHORITY
                   MARCH 17,  2003

A   REGULAR  MEETING  of the City Council & WPC Authority was held on Monday, March 17, 2003, in the Council Chambers.

Present were Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Paul F. Samele, Jr., Marie P. Soliani, David M. Bascetta, Richard E. Dalla Valle, James D. Reginatto, Corp. Counsel Albert Vasko, City Engineer Edward Fabbri, Republican Registrar of Voters Amelia K. Waldron, and Democratic Registrar of Voters John Ciesco.

Mayor Quinn called the meeting to order at 6:35 p.m.

MINUTES #020
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to accept the minutes of the regular meeting held March 3, 2003.
OPEN TO THE PUBLIC #030
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public.   There was no public participation.

SECTION 8-24 REFERRAL #050
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to accept the Section 8-24 Referral from the Planning & Zoning Commission for the Torringford Elementary School Project.

ACCEPT RECOMMENDATION FROM BD. OF FINANCE #060
On a motion by Councilor Dalla Valle, seconded by Councilor Bascetta, the Council voted unanimously to accept the recommendation from the Board of Finance regarding the appropriation of $25,750,000.00 for the Torringford Elementary School Project.

ADOPT RESOLUTION RE: TORRINGFORD ELEMENTARY SCHOOL PROJ: #090
Councilor Dalla Valle made a motion to adopt a Resolution appropriating $25,750,000.00 for the Torringford Elementary School Project and to authorize the borrowing to finance the appropriation.  Councilor Reginatto seconded the motion.

Corp. Counsel Vasko read the Resolution.

RESOLUTION OF THE BOARD OF COUNCILMEN
RESOLVED,

                    That the City of Torrington appropriate TWENTY-FIVE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($25,750,000) for additions, renovations and improvements to and furnishings and equipment for Torringford Elementary School to accommodate approximately 710 students including comprehensive renovations and improvements to the existing facility; approximately 47,290 square foot additions providing for gymnasium, cafeteria, music and band, administrative, media center, K-level and first grade classroom and other facilities; parking and circulation improvements including a new bus loop, a separate drop-off/pick-up area and parking area expansion; play area improvements including a new play scape and paved play area; a new junior soccer field; and other project related improvements and work.  The appropriation may be spent for design and construction costs, equipment, furnishings, materials, architects’ fees, engineering fees, legal fees, net temporary interest and other financing costs, and other expenses related to the project.  The school building committee established for the project by the Board of Councilmen is authorized to reduce or modify the scope of the project, and the entire appropriation may be expended on the project as so reduced or modified.  The appropriation may be spent for design and construction costs, demolition costs, moving and storage costs, technology infrastructure, survey and study costs, equipment, furnishings, materials, land acquisition, architects’ fees, engineering fees, legal fees, net temporary interest and other financing costs, and other expenses related to the project.

                   That the City issue its bonds or notes, in an amount not to exceed TWENTY-FIVE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($25,750,000) to finance the appropriation for the project.  The bonds or notes shall be issued pursuant to Sections 7-369 and 10-289 of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts.  The amount of bonds and notes authorized shall be reduced by the amount of grants received by the City for the project.  The bonds or notes shall be secured by the irrevocable pledge of the full faith and credit of the City of Torrington.  The bonds or notes may be issued in one or more series, and any series may be sold as a single issue or consolidated with any other bonds or notes of the City.  The Treasurer shall keep a record of the bonds or notes.  The Mayor and the Treasurer of the City shall sign the bonds or notes by their manual or facsimile signatures.  The bonds or notes shall bear the seal of the City or a facsimile of the seal.  The law firm of Day, Berry & Howard is designated as bond counsel to approve the legality of the bonds or notes.  The Mayor and the Treasurer are authorized to determine the amount, date, interest rates, maturities, form and other details of the bonds or notes; to designate a bank or trust company to be certifying bank, registrar, transfer agent and paying agent for the bonds or notes; to sell the bonds or notes at public or private sale; to deliver the bonds or notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes.

                  That the City issue and renew its temporary notes from time to time in anticipation of the receipt of the proceeds from the sale of the bonds or notes and the receipt of grants for the project.  The amount of the notes outstanding at any time shall not exceed TWENTY-FIVE MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($25,750,000).  The notes shall be issued pursuant to Section 7-378 of the General Statutes of Connecticut, Revision of 1958, as amended, and shall be secured by the irrevocable pledge of the full faith and credit of the City.  The City shall comply with the provisions of Section 7-378a of the General Statutes if the notes do not mature within the time permitted by said Section 7-378.  The Mayor and the Treasurer are authorized to determine the amounts, dates, interest rates, maturities, form, and other details of the temporary notes; to sell the notes at public or private sale; to execute and deliver the notes; and to perform all other acts which are necessary or appropriate to issue the temporary notes.

                   That the City hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that project costs may be paid from temporary advances of available funds and that (except to the extent reimbursed from grant moneys) the City reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized above for the project.  The Mayor and the Treasurer are authorized to amend such declaration of official intent as they deem necessary or advisable and to bind the City pursuant to such representations and covenants as to pay rebates of investment earnings to the United States in future years.

                  That the school building committee established for the project is vested with the following powers and duties:  to approve design and construction expenditures for the project, to contract with architects, engineers, contractors and others in the name and on behalf of the City to complete the project, and to exercise such other powers as are necessary or appropriate to complete the project.  Committee members shall not receive any compensation for their services.  Necessary expenses of the Committee shall be included in the cost of the project.  The records of the Committee shall be filed with the City Clerk and open to public inspection during normal business hours.  Upon completion of the project, the Committee shall make a complete report and accounting to the Mayor and the Board of Councilmen.

                  That the Board of Education is authorized to apply for and accept state grants for the project.  The Board of Education and the school building committee established for the project are each authorized to file applications with the State Board of Education, to execute grant agreements for the project, and to file such documents as may be required by the State Board of Education to obtain grants for the costs of financing the project.

                  That the Mayor and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds or notes to provide secondary market disclosure information, which agreements may include such terms as they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such bonds or notes.

                  That the Mayor, Board of Councilmen, Treasurer, Board of Education, the school building committee established for the project and other proper officers of the City are authorized to take any other action which is necessary or desirable to construct and complete the project and to issue bonds or notes to finance the aforesaid appropriation.

                  That this resolution shall not take effect unless the voters approve the $25,750,000 appropriation and bond and note issue for this project.

                 Under discussion, Councilor Dalla Valle inquired into what protection the city would have if there was no reimbursement from the state.

Corp. Counsel Vasko stated that the Resolution authorized the city to appropriate the money.  The City of Torrington would not be obligated to complete the project if the state informed the city after the referendum that we weren’t getting the funds.

                   Mayor Quinn noted that May 1st was believed to be the deadline to obtain the maximum reimbursement from the State of Connecticut.  After May 1st, such guarantees would not be forthcoming.   The committee should be commended for moving this project along to accommodate a very favorable financial situation for the City of Torrington.  The actual cost to the taxpayers will be in the neighborhood of $7.9 million for a state-of-the-art, $25,700,000 school to house 700+ students.

                  On a roll call vote, Councilors Reginatto, Dalla Valle, Bascetta, Jerram, Samele and Soliani voted unanimously in favor of adopting the Resolution appropriating $25,750,000.00 for the Torringford Elementary School Project and to authorize the borrowing to finance the appropriation.  

                   Mayor Quinn commended everyone involved for moving this project forward.

                   ADOPT RESOLUTION SETTING A REFERENDUM #420
                  Councilor Jerram made a motion to adopt a Resolution setting a referendum on the Torringford Elementary School Project appropriation and borrowing authorization.   Councilor Bascetta seconded the motion.

                   Corp. Counsel Vasko read the Resolution.

                   RESOLUTION OF THE BOARD OF COUNCILMEN
                                RESOLVED, that the appropriation and borrowing authorizations approved under item above be submitted to the voters of the City of                                     Torrington for approval by vote on voting machines to be held in Torrington on April 29, 2003 between the hours of 6:00 a.m. and 8:00                                  p.m., and that the ballot heading read substantially as follows:

                       “SHALL THE CITY OF TORRINGTON APPROPRIATE $25,750,000 FOR ADDITIONS,                                              RENOVATIONS AND IMPROVEMENTS TO TORRINGFORD ELEMENTARY SCHOOL TO                                       ACCOMMODATE APPROXIMATELY 710 STUDENTS AND AUTHORIZE THE ISSUE OF BONDS                            AND NOTES TO FINANCE SAID APPROPRIATION?”

                               The notice of said referendum shall be substantially in the form presented to this meeting, a copy of which shall be recorded with the                                   minutes of this meeting.

                               FURTHER RESOLVED, that, in his discretion, the City Clerk is authorized to prepare a concise explanatory text and additional                                                  explanatory materials regarding said resolution, such texts and explanatory material to be subject to the approval of the City Attorney                                    and to be prepared and distributed in accordance with Section 9-369b of the General Statutes of Connecticut, Revision of 1958, as                                       amended.

                 Councilor Dalla Valle said he believed holding the referendum at City Hall only would be less costly and more efficient.   Councilor Soliani agreed.

                  Councilor Jerram noted that every other successful school referendum had been held at City Hall.

                   Republican Registrar of Voters Amelia K. Waldron noted that post cards would have to be sent to registered voters should the referendum be held either at the Armory or Torringford School in order to let the voters know where to vote.   Although City Hall would be tight for space, it was the most effective.

                   AMEND MOTION #610
                  Councilor Jerram amended his motion to adopt a Resolution setting a referendum to be held at City Hall on the Torringford Elementary School Project appropriation and borrowing authorization.   Councilor Bascetta amended his second.   

                   On a roll call vote, Councilors Reginatto, Dalla Valle, Bascetta, Jerram, Samele, and Soliani voted unanimously to adopt the Resolution setting a referendum to be held at City Hall on the Torringford Elementary School Project appropriation and borrowing authorization.   

                   T.H.S. PAYMENTS #640
                  On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the following payments from the Torrington High School Bldg  Acct 285:

               Bismark Construction    Payment App #7          $13,965.00
Bismark Construction    Payment App #9          $10,735.00
Goldsmith & Lombardo    Stair Tread Replacement $  3,793.09
               Goldsmith & Lombardo    Stair Tread Replacement $  6,536.69

                    BUILDING DEPT. REPORT #670
                   On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the Building Department Report for February, 2003.

                   Councilor Jerram inquired whether communication took place between the Building Official and the Tax Assessor to figure the true value of the grand list.

                    Mayor Quinn was confident the Assessor was up-to-date with building permits, etc., however, he would get a definite answer for the Council.

                   SELL POPPIES #700
                  On a motion by Councilor Dalla Valle, seconded by Councilor Samele, the Council voted unanimously to approve the request from B. Zajac, on behalf of the Polish Army Veterans Association of America, Post 110, to sell Poppies on May 1and 2, 2003.

                   CARDINAL ENGINEERING #720
                   On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $23,281.88 from the Sanitary Sewer Capital Improvement Fund # 490 to Cardinal Engineering, Inc. for Phase II study work in regard to the Sanitary Sewer Infiltration/Inflow & Evaluation Study, contingent upon the Board of Finance’s approval.

                   REINER, REINER & BENDETT #730
                   On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to discuss the request to authorize the payment of “up to $1,538.13" from Contingency to Reiner, Reiner & Bendett for professional services rendered in the D’Andrea Subdivision Land Use matter, contingent upon the Board of Finance’s approval.  (Tabled for $1,500.00 on 5/6/2002 and denied on 5/20/2002 because the Council had not yet received the results.)

                   Councilor Dalla Valle indicated that he would oppose the request at any amount, however, he noted that the maximum amount had been set at $1,500.00.

                  Councilor Reginatto made a motion to authorize $1,500.00 from Contingency to Reiner, Reiner & Bendett for professional services rendered in the D’Andrea Subdivision Land Use matter, contingent upon the Board of Finance’s approval.   Councilor Samele seconded the motion.  The board voted 5-1 in favor of the motion, with Councilor Dalla Valle opposing.

                   PUBLIC HEARING: SMALL CITIES #820
                  Assistant City Clerk Joline LeBlanc read the legal notice.

                    Mayor Quinn called the public hearing to order a) to review and discuss the proposed application to the State Department of Economic Community Development for funds under the Small Cities Program, b) to obtain citizens views on the City’s community development and housing needs and review and discuss specific project activities in the areas of housing, economic development or community facilities which could be a part of the City’s application for funding, and c) to review the status of its current Small Cities project and programs in anticipation of this submission.  

                    Larry Wagner, the city’s consultant to Small Cities, stated that the process for Small Cities’ funds had changed to a two step process including a pre application and final application upon an invitation by the state.   The initial activity in any application is the city’s community needs hearing, which this is, held periodically by the city to listen from the public and hear potential projects or opportunities and to hear potential grant applications that the public may be interested in submitting.   Any project deemed worthy by the Council is submitted to the DECD, whereby a pre application is submitted to the state requesting the funding.  The state reviews the application, usually does a site visit, and, if the project is approved, they invite the city to submit a full application.  At the time of full application, there is usually another public hearing as well as a formal resolution by the Council.  Any action on pre applications heard this evening will merely authorize the mayor to proceed.   

                    Mr. Wagner indicated that the state had just received their allocations from HUD, which was approximately $14 million dollars.  The state’s program year starts July 1. All funds for 2002 are committed.  Any pre applications submitted at this time will be considered for 2003 funding.  Competition is becoming much more difficult.  

                    Nancy Gyurko, President of the Community Health and Wellness Center of Greater Torrington, proposed a program for Small Cities’ funding.  She introduced Kathy Grimaud, Clinical Director, and John Capobianco, Vice President of Charlotte Hungerford Hospital and Treasurer of the Community Health Center Board of Directors.

                   Ms. Grimaud indicated that the Community Health and Wellness Center provides primary care services to individuals regardless of their ability to pay.   They provide care for an under insured population, of which there is a significant number.  They are operational about four days a week.   So far they have seen approximately 575 patients through the Community Health Center, about 150-200 patients through their Outreach and Gerontology Program and about 125 patients through their Homeless Outreach Program and the Soup Kitchen.  

                    The purpose of the Small Cities’ grant money was to supplement their budget for the next fiscal year as they hope to become a federally qualified health center.  They were seeking $250,000.00 for that goal.

                   Councilor Soliani inquired into how much of their budget was taken up with Medicare, Medicaid, or any other types of payments.

                    John Capobianco stated that approximately 43% of their population was Medicaid, 15% Medicare, and 33% were self pay.

                   Councilor Jerram inquired whether the $250,000.00 was strictly operational.

                    Ms. Grimaud indicated that, although some would be for capital, the majority of the funds would be operational.

                   Councilor Jerram asked what their current operating budget was.

                   Ms. Grimaud said it was in the ball park of $305,000.00.  

                    Councilor Jerram inquired as to how many people they projected to serve.

                   Ms. Grimaud indicated that they projected 900 in twelve months, however, that was not operating full time.   She noted that they had not been able to advertise their services because of their shoestring budget.   People most in need were the ones being referred at the present time.  Their aim was to open their doors when they have a strong enough budget and the proper staff to do so.  

                    Mr. Capobianco indicated that their anticipated volume will be in the area of 4,000 -5,000 patients a year when they are fully operational, and the majority would come from Torrington.

                    Ms. Grimaud indicated that they were presently located at Brooker Memorial and one day a week at the Sullivan Senior Center.

                    Councilor Soliani inquired who supplemented the Center at the present time.

                    Ms. Grimaud stated that they had some income and DFS money.  In addition, the hospital had given them a percentage.

                   Mr. Capobianco further explained that the hospital had contributed quite a bit towards the upkeep of the center.  Additionally, they had received a number of small grants and were presently piecing together many different payment sources.  Federal funds will become available to maintain their operations once they become a qualified health center.

                  Ms. Grimaud indicated that they were looking for a future site that would significantly increase their space and accommodate five examination rooms.   They planned to use existing space.

                   Councilor Soliani inquired as to where the staff would come from and whether the  physicians were going to be employed by the hospital or in private practice.

                    Ms. Grimaud indicated that the center needed to be a department of the hospital in order to be classified as non-profit.   The physician they presently have was willing to come on board on a full time basis.   The staff would not have to come from the hospital, however, at the present time, the physician, the receptionist, the medical assistant and herself were all employees of the hospital.   Once the center seeks federal funding, it will no longer be able to be a department of the hospital.   

                   Councilor Jerram inquired whether they could locate on the hospital campus.

                    Ms. Grimaud was uncertain.   A requirement of the federal government was that they must be in a medically under served, primary care, shortage area.   

                    Councilor Dalla Valle said he would encourage the submission of the pre application.
                    Mr. Wagner indicated that the Council could authorize Mayor Quinn to submit a pre application to the DECD.   The state will probably do a sight visit and decide whether or not to invite a full application.  

                    Additionally, Mr. Wagner indicated that there had been some discussion at the city level about the city’s initiative to eliminate some blight and he noted that this would be a potential future activity once the items that could be funded with CDBG funding were identified, such as demolition.

                   Having no further comments or questions from anyone, Mayor Quinn closed the public hearing.
 
                   On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to accept the public’s views on the City’s community development and housing needs.

                  MOTION TO AUTHORIZE MAYOR TO SIGN PRE APPLICATION:
                   COMMUNITY HEALTH & WELLNESS CENTER #1400
                  On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize Mayor Quinn to sign the grant pre application for the Community Health Center and to send it to the state for their review.

                   Under discussion, Councilor Soliani inquired about the funding being requested, noting that she wanted to make certain there would be enough for blight matters.

                    Mr. Wagner assured the Council that each application was reviewed and considered independently.   The state will get the project on the table first and then invite the city to submit for the amount they feel comfortable with.

                   Mr. Wagner indicated that the city had received $500,000 for the Senior Center and $500,000 for continued housing rehabilitation last year.

                    PRE APPLICATION FOR URBAN BLIGHT #1510
                   Councilor Jerram made a motion to authorize Mayor Quinn to submit a pre application for the urban blight.  Councilor Soliani seconded the motion.  

                    Under discussion, Mr. Wagner suggested putting the urban blight on record so the DECD could see it as part of the public hearing process.   He would meet with the Blight Committee to discuss the particular methodology and eligible use of the funding.  In other words, the funding could not be used to pay off old taxes, but could be used to demolish buildings.   He suggested coming back before the Council with more definite information on urban blight.

                    Councilor Jerram withdrew his motion.   Councilor Soliani withdrew her second.

                    MURDOCK CLAIM MANAGEMENT CORP #1560
                   On a motion by Councilor Dalla Valle, seconded by Councilor Samele, the Council voted unanimously to authorize the payment of $4,347.67 from Contingency to Murdock Claim Management Corporation FBO The Hanover Insurance Company for the deductible in the Williams matter, contingent upon the Board of Finance’s approval.

                   When Councilor Dalla Valle inquired as to whether the city was working toward reducing the deductibles, Corp. Counsel Vasko indicated that the Insurance Committee had met and they were still waiting to receive quotes for the upcoming year from various carriers.   He noted that the deductible for the professional public officials policy was $25,000.00 because the city wasn’t able to get coverage at the $10,000.00 rate that it had the previous year.   Hopefully, the city will be able to get better coverage with new companies for the next fiscal year.

                    SMALL CITIES: MADELINE LaGANGA #1640
                   Councilor Jerram made a motion to table the request to authorize the payment of $117,000.00 from Small Cities to Madeline LaGanga for her property located on Park Avenue because no paperwork was available, then he suspended his motion when Corp. Counsel Vasko informed the Council that he could explain the request.

                  Corp. Counsel Vasko explained that the city had entered into an Option Agreement with Mrs. LaGanga for her property located adjacent to the Sullivan Senior Center to build a garage for the Meals-on-Wheels van and the Elderly Services vans and to create a small addition to the Senior Center to serve as a thrift shop.  Small Cities funding was now available to consummate the purchase of the property.   He noted that the motion would need to be amended to raise the total to $117,296.58 to adjust for taxes already paid, however, once the city acquired the title to the property, the city would get reimbursed from the Tax Collector.

                    On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $117,296.58 from Small Cities to Madeline LaGanga for her property located on Park Avenue.

                   BUS: DEPARTMENT HEADS #1700
                   On a motion by Councilor Reginatto, seconded by Councilor Bascetta, the Council voted unanimously to consider business presented by Department Heads.

                   There was none.

                    BUS: MAYOR & MEMBERS #1770
                   On a motion by Councilor Reginatto, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.

                   With no objection from the Council, Hans Reichardt, member of the Board of Education, inquired as to what the city would do with two unfinished schools.  He noted that the contractors for Southwest School were out of warrantee and the Middle School had roof problems.   He indicated that he had already proposed three times to install a regular roof over the roof where the valleys and gables are, put plywood and asphalt shingles over it to get rid of the problem and then pursue whoever is responsible.

                    Councilor Jerram inquired whether the Registrars of Voters had made any progress with their renovations.

                   Amelia K. Waldron indicated that she and John Ciesco were going to talk to Gerald Rollett to see if they could get started with the ceilings.

                    For the record, Councilor Dalla Valle noted that any negotiations with the Unions should include an increase in co-pays and medical insurances to offset some of those costs to the city.

                    Mayor Quinn requested that Councilor Dalla Valle put his suggestion in writing and send it to his office.

                    Secondly, Councilor Dalla Valle noted that Bike Week was coming back to the city and requested that they be acknowledged in the form of a Proclamation.  

                    Mayor Quinn asked Councilor Dalla Valle to call his office so they could work on a presentation similar to the one that was done last year.

                    Councilor Bascetta requested adding an executive session to the next agenda and inviting the Personnel Director, Thomas Gritt, in order to hash out some ideas in terms of Union negotiations.   (The Council should be supplied with current contracts prior to the meeting.)

                   Mayor Quinn agreed that the item could be placed on the next agenda.

                    ADJOURNMENT #2080
                   On a motion by Councilor Jerram, seconded by Councilor Reginatto, the Council voted unanimously to adjourn at 7:35 p.m.


                   ATTEST: JOLINE LeBLANC
                                              ASST. CITY CLERK