MINUTES
CITY COUNCIL & WPC AUTHORITY
SEPTEMBER 18, 2006
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, September 18, 2006, in the Council Chambers.
Those in attendance included Acting Mayor, Rick E. Dalla Valle, Councilors James F. McKenna, Thomas C. Jerram, Andrew J. Slaiby, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, and Parks & Recreation Director John Timm. Mayor Ryan J. Bingham was absent.
Councilor Dalla Valle, in the absence of Mayor Bingham, called the meeting to order at 6:38 p.m.
MINUTES #115
On a motion by Councilor Waldron, seconded by Councilor Soliani, the board voted unanimously to accept the minutes of the regular meeting held September 5, 2006.
OPEN TO THE PUBLIC #125
On a motion by Councilor McKenna, seconded by Councilor Waldron, the board voted unanimously to open the meeting to the public. There was no public participation.
RESOLUTION: REFUNDING BOND ISSUES #135
On a motion by Councilor Slaiby, seconded by Councilor Jerram, a discussion took place in regard to adopting a Resolution authorizing the issuance of not exceeding $19,000,000.00 refunding bonds for payment in whole or in part of the outstanding principal of and interest and any call premium on the city’s $14,750,000.00 general obligation bonds, issue of 1995 and $29,235,000.00 general obligation bonds, issue of 1999, and related costs.
Treasurer Richard J. Friday explained the city will borrow funds for Torringford School and at the same time will place the 1995 and 1999 bond issues up for re-bid for the remaining thirteen callable years in order to get a better interest rate. He stated most of the savings will go to the State of Connecticut because they gave the city 70% reimbursement. The city is expected to receive approximately $20,000.00 a year for thirteen years.
Councilor Dalla Valle inquired whether the city could be in a position not to receive 70% reimbursement in bonding in the future.
Mr. Friday said yes, because the state is currently paying as they move forward with projects. As an example, the city will borrow approximately $8 million for the $25 million Torringford School project, and the state has been paying as the project progresses.
Councilor Dalla Valle pointed out that there would be no reimbursement for the City Hall project, should it pass at referendum.
MOTION #230
By roll call vote, Councilors Waldron, Soliani, Slaiby, McKenna, and Jerram voted in favor of the motion to adopt a Resolution authorizing the issuance of not exceeding $19,000,000.00 refunding bonds for payment in whole or in part of the outstanding principal of and interest and any call premium on the city’s $14,750,000.00 general obligation bonds, issue of 1995 and $29,235,000.00 general obligation bonds, issue of 1999, and related costs. As Acting Mayor, Councilor Dalla Valle did not vote. The motion carried.
RESOLUTION OF BOARD OF COUNCILMEN
AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $19,000,000 REFUNDING BONDS FOR PAYMENT IN WHOLE OR IN PART OF THE OUTSTANDING PRINCIPAL OF AND INTEREST AND ANY CALL PREMIUM ON THE CITY'S $14,750,000 GENERAL OBLIGATION BONDS, ISSUE OF 1995 AND $29,235,000 GENERAL OBLIGATION BONDS, ISSUE OF 1999, AND RELATED COSTSS
BE IT RESOLVED,
(a) That the City of Torrington issue its refunding bonds, in an amount not to exceed NINETEEN MILLION DOLLARS ($19,000,000), the proceeds of which are hereby appropriated: (1) to fund one or more escrows, the balance held in such escrows, together with the investment earnings thereon, to be applied by the City to the payment in whole or in part, as to be determined by the Mayor and the Treasurer of the City, of the outstanding principal of and interest and any call premium on the City’s $14,750,000 General Obligation Bonds, Issue of 1995 (consisting at original issue of $14,750,000 School Bonds) and $29,235,000 General Obligation
Bonds, Issue of 1999 (consisting at original issue of $28,010,000 School Bonds and $1,225,000 General Purpose Bonds), including the payment of interest accrued on said outstanding bonds to the date of payment, and (2) to pay costs of issuance of the refunding bonds authorized hereby, including legal fees, consultants’ fees, trustee or escrow agent fees, underwriters’ fees, net interest and other financing costs and other costs related to the payment of the outstanding bonds described above. The refunding bonds shall be issued pursuant to Section 7-370c of the General Statutes of Connecticut, Revision of 1958, as amended, and any other enabling acts. The bonds shall be general obligations of the City secured by the irrevocable pledge of the full faith and credit of the City. The Mayor and the Treasurer of the City shall sign the bonds by their manual or facsimile signatures. The law firm of Day, Berry & Howard LLP is designated as bond counsel
to approve the legality of the bonds. The Mayor and the Treasurer are authorized to determine the amount, date, interest rates, maturities, redemption provisions, form and other details of the bonds; to designate one or more banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the bonds; to provide for the keeping of a record of the bonds or notes; to sell the bonds at public or private sale; to deliver the bonds; and to perform all other acts which are necessary or appropriate to issue the bonds.
(b) That the City hereby declares its official intent under Federal Income Tax Regulation Section 1.150-2 that costs of the refunding 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 refunding. 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 they deem necessary or advisable in order to maintain
the continued exemption from federal income taxation of interest on the bonds authorized by this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years.
© That the Mayor and the Treasurer are authorized to make representations and enter into written agreements for the benefit of holders of the bonds 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.
(d) That the Mayor and the Treasurer are authorized to take all other action which is necessary or desirable to enable the City to effectuate the refunding of all or a portion of the City’s $14,750,000 General Obligation Bonds, Issue of 1995 and $29,235,000 General Obligation Bonds, Issue of 1999, and to issue refunding bonds authorized hereby for such purposes, including, but not limited to, the entrance into agreements on behalf of the City with underwriters, trustees, escrow agents, bond insurers and others to facilitate the issuance of
the refunding bonds, the escrow of the proceeds thereof and investment earnings thereon, and the payment of the outstanding bonds in whole or in part.
(e) That the Board of Education, the Superintendent of Schools, the Mayor, the Treasurer and other proper officers and officials of the City are each authorized to execute and file all necessary applications, agreements and documents with the State Department of Education in order to obtain State grants to finance in part principal and interest on, and the costs of issuance of, refunding bonds authorized hereby to the extent such bonds are allocable to the refunding of portions of the City’s $14,750,000 General Obligation Bonds, Issue of 1995 and $29,235,000 General Obligation Bonds, Issue of 1999, representing school bonds issued pursuant to Section 10-289 of the General Statutes of Connecticut, Revision of
1958, as amended.
(f) That the above authorization to issue refunding bonds shall lapse on July 1, 2007.
POLICE UNIFORM BID #235
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to accept the Board of Public Safety’s recommendation to award the Police Uniform Bid to New England Uniforms, for $28,746.00 for regular bid list items and up to $10,625.00 for optional bid list items.
GASOLINE & DIESEL TANK REPAIRS BID #245
On a motion by Councilor McKenna, seconded by Councilor Slaiby, a discussion took place in regard to the recommendation from the Purchasing Agent and the Fleet Manager to award the bid entitled “Gasoline & Diesel Tank Repairs” to the low bidder, Lemelin Environmental Services of Chicopee, MA for $39,465.00.
Councilor Jerram inquired whether anyone investigated what the expense would be to install similar size above ground tanks, and permanently remove the burden and risks associated with underground tanks.
MOTION TO TABLE #275
Because no one was present to answer the question, Councilor Jerram moved to table the matter. Councilor McKenna seconded the motion. Unanimous.
TWO PLAYSCAPES BID #285
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to accept the recommendation from the Purchasing Agent to accept the Request for Proposal and award the contract entitled “Two Playscapes” to Creative Recreation, LLC of West Hartford, CT.
YEAR-END BUDGET TRANSFERS #345
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to accept the final year-end budget transfers for fiscal year 2005/2006 per the Comptroller’s memo dated September 12, 2006, and referred them to the Board of Finance.
CIRMA #355
On a motion by Councilor Soliani, seconded by Councilor Jerram, the board voted unanimously to authorize payments from Contingency to CIRMA, for reimbursable deductibles in the Becker and Blinkoff claims, and referred them to the Board of Finance.
Becker $893.00
Blinkoff $2,670.20
TRANSFER OF FUNDS: SOC. SVCS TO EVICTION FUND #365
On a motion by Councilor Slaiby, seconded by Councilor Soliani, the board voted unanimously to authorize the transfer of $2,538.58 from Contingency, $300.00 from Social Services - Learn to Earn line item, and $547.07 from Social Services - Neighbors in Need line item into the Eviction Fund #0228, and referred it to the Board of Finance. Total $3,385.65.
RESOLUTION: IVS VOTING SYSTEM # 375
On a motion by Councilor McKenna, seconded by Councilor Slaiby, the board voted unanimously to adopt the Resolution to accept ownership of the IVS Voting System and to begin using said voting machines with the election to be held November 7, 2006.
RESOLUTION:
WHEREAS, the Help America Vote Act of 2002 has developed a uniform set of requirements for each voting system used in an election for federal office;
WHEREAS, included among the requirements of the Help America Vote Act is a provision that every polling place must maintain at least one voting machine created to ensure private and independent voting capabilities for persons with disabilities;
WHEREAS, the “IVS voting system” has been recognized to be in compliance with the requirements of the Help America Vote Act, including the provision of accessibility for persons with disabilities;
WHEREAS, the Town of Torrington is a municipality in the State of CT;
WHEREAS, the Town of Torrington, through its elected officials and the employees thereof, is responsible for conducting primaries and elections, federal and otherwise, within its borders;
WHEREAS, the Town of Torrington, through its legislative body is responsible for providing suitable voting machines for use within its own municipality;
THEREFORE, the legislative body of the Town of Torrington hereby accepts ownership of the said “IVS voting system” and will begin to use said voting machines with the election to be held on November 7, 2006.
RESOLUTION: LHS OPTICAL SCAN VOTING MACHINES #410
On a motion by Councilor Soliani, seconded by Councilor Slaiby, the board voted unanimously to accept ownership of the LHS Optical Scan Voting Machines and begin using said voting machines with the first election of November 2007.
RESOLUTION: LHS OPTICAL SCAN VOTING MACHINES
WHEREAS, the Help America Vote Act of 2002 has developed a uniform set of requirements for each voting system used in an election for federal office;
WHEREAS, the Election Assistance Commission has determined that lever voting machines are not compliant with the requirements of the Help America Vote Act;
WHEREAS, the Office of the Secretary of the State of Connecticut has used federal funds advanced through the Help America Vote Act to purchase voting machines in compliance with this law, these being the “LHS Optical Scan Voting Machines”;
WHEREAS, the Town of Torrington is a municipality in the State of CT.;
WHEREAS, the Town of Torrington, through its elected officials and the employees thereof, is responsible for conducting primaries and elections, federal and otherwise, within its borders;
WHEREAS, the Town of Torrington, through its legislative body is responsible for providing suitable voting machines for use within its own municipality;
THEREFORE, the legislative body of the Town of Torrington hereby accepts ownership of the said “LHS optical scan voting machines” and will begin to use said voting machines with the first election of November___2007.
TORRINGFORD SCHOOL BUILDING PAYMENTS #480
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to authorize the following payments from the Torringford School Building Fund #314:
Vendor Invoice # Description Amount
Friar Asso. #37 Prof. Services $ 15,691.00
O & G Industries #26 Prof. Services $179,878.00
Test-Con #387 5 Engineering Tes $ 720.00
Renaissance Learn #2947693 Mobile Labs $ 15,049.00
Hewlett-Packard #40811406 Three tablets $ 5,181.00
Advanced Corp. Net #24415 Technology item $ 7,241.01
Micro Comp. Sys #0379496-IN Projector $ 1,421.00
Micro Comp. Sys #0379468-IN Projectors $ 8,526.00
KI c/o BCI n/a Wastebaskets $ 657.36
KI c/o BCI Appl #2 Partial Payment $ 12,776.04
School Furnishings Appl #3 Bal. From Original $ 10,000.01
Change Order Media Center Chairs $ 4,400.00
Systematics, Inc. 42817-1 Industrial Shelving $ 12,113.79
VALMARK ELECTRIC #530
On a motion by Councilor Waldron, seconded by Councilor Soliani, a discussion took place in regard to the Purchasing Agent’s recommendation to award the Electrical Services Bid to the low bidder, Valmark Electric of Torrington, CT. (Tabled on 7/17/06 and 9/5/06.)
TABLE: VALMARK #540
For lack of information, Councilor McKenna made a motion to table the Purchasing Agent’s recommendation to award the Electrical Services Bid to the low bidder, Valmark Electric of Torrington, CT. Councilor Soliani seconded the motion. Unanimous.
RECOMMENDATION: TAX FREEZE #555
There was no recommendation from the City Council Sub-Committee on the Tax Freeze at this time.
RE-OPEN MEETING TO THE PUBLIC #570
On a motion by Councilor Soliani, seconded by Councilor McKenna, the board voted unanimously to re-open the meeting to the public on Agenda Items only. There was no public participation.
BUS: DEPT. HEADS #590
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the board voted unanimously to consider business by Department Heads.
Parks & Recreation Director John Timm informed the board that his department installed three new playscapes last fall and are presently installing one at the Durand Street playground.
BUS: MAYOR & MEMBERS #650
On a motion by Councilor McKenna, seconded by Councilor Soliani, the board voted unanimously to consider business by Mayor and Members of the City Council.
Councilor Waldron requested that the information on Valmark be supplied to
the board so the matter can be voted on.
ADJOURNMENT #695
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board voted unanimously to adjourn at 6:54 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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