MINUTES
CITY COUNCIL & WPC AUTHORITY
MARCH 5, 2007
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, March 5, 2007, in the Council Chambers.
Those in attendance included Mayor Ryan J. Bingham, City Councilors James F. McKenna, Thomas C. Jerram, Rick E. Dalla Valle, Andrew J. Slaiby, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, City Engineer Edward Fabbri, and Purchasing Agent Charlene Antonelli.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES #035
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council, with the exception of Councilor Waldron who abstained, voted to accept the minutes of the regular meeting held February 20, 2007.
OPEN TO THE PUBLIC #045
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to open the meeting to the public.
Donna Labbe, on behalf of the Torrington Early Childhood Collaborative, presented a certificate to the town for its support in early intervention, and its commitment and dedication from citizens of Torrington for all young children.
Gary Wilbur asked for an update on street lights for Dogwood Drive.
Councilor Jerram indicated that the Street Light Sub Committee will discuss the cost during their next meeting. The cost for a pole and lamp is approximately $1,400.00. The bottom line is whether or not sufficient funds are available in this year’s budget or the upcoming budget.
Daniel Hoolihan, 97 Ipswich Road, Bristol, President of Clover Construction Co. spoke in regard to his company’s bid of 2/27/07 concerning the Neighborhood Sidewalk Project. When Mr. Hoolihan submitted his bid, there were three other bidders including the low bidder, Morais Concrete Services. Mr. Hoolihan claimed that Morais’ bid bond was not signed, nor sealed. He indicated that he brought the matter to the Purchasing Agent’s attention, which she confirmed. He noted that Mrs. Antonelli said she would talk to the town attorney and have Morais come in to sign the bid bond. Mr. Hoolihan didn’t think that was proper.
Mr. Hoolihan then proceeded to say that the specs indicate that the bid bond shall be prepared on the forms attached to the documents, and that alternate bid forms will not be accepted. The bid form presented by Morais was not the one in the packet. He also brought that matter to the Purchasing Agent’s attention.
Mr. Hoolihan further noted discrepancies in the dates when the bid bond was signed and sealed.
Mr. Hoolihan explained that his company hires people from the Torrington area, does business with a number of Torrington companies, and pays taxes to the State of Ct, whereas Morais is a Massachusetts contractor. It was his opinion that funds from economic development should be used by CT bidders.
He asked the Council to give him some consideration even though he was the second lowest bidder.
FIREWORKS DISPLAY BID #350
On a motion by Councilor Waldron, seconded by Councilor McKenna, the Council voted unanimously to accept the Purchasing Agent’s recommendation to award the bid entitled “2007 Fireworks Display” to American Thunder for its July 4th display.
It was noted that a vote to approve the Purchasing Agent’s recommendation would assure the City of Torrington a vendor for July 4th fireworks, and that there would be no problem modifying the amount spent on fireworks at a later date.
NEIGHBORHOOD SIDEWALK & PEDESTRIAN SAFETY IMP. BID #410
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, a discussion took place in regard to the Engineer’s request to award the bid for Neighborhood Sidewalk and Pedestrian Safety Improvements to Morais Concrete Service, Inc for of Ludlow, MA in an amount not to exceed $500,000, which is the Small Cities Grant Cap secured for the project. Morias Concrete Service, Inc. was the low bidder at $379,629.50.
Purchasing Agent Charlene Antonelli stated that the bid bond from Morais was received unsigned and the matter was brought to her attention by Mr. Hoolihan. She pointed out that the city can waive technicalities, and this could be considered as such. She also noted that Morais came in on Friday, March 2 to sign the bid bond. She noted that the bid bond does have a seal, however seals don’t show up well on copied documents. The matter in regard to submitting forms other than the ones included in the bid documents could also be considered a technicality.
Corp. Counsel Ernestine Yuille Weaver confirmed that it could be considered a technicality in that they had a signature on the document before the contract was awarded. She stated that the contents of the bid bond meets the city’s requirements, and actually go a little beyond.
Mr. Hoolihan, Clover Construction, didn’t feel the omissions should be considered technicalities.
Councilor Soliani was concerned about the integrity of the city’s bid process in the future if not signing a bid bond was considered a technicality.
Councilor Dalla Valle noted that the city’s bid specs state that the city reserves the right to accept or reject any bid they feel is in the best interest of the city, barring any technicalities.
Mayor Bingham indicated that more funds will be available once this project is 30% complete, so it’s imperative for the benefit of the city to move forward one way or another.
City Engineer Edward Fabbri stated that forms, other than those provided with bid specs, have been accepted by the city in the past.
Purchasing Agent Antonelli said the purpose of a bid bond is to insure that the contract bid goes to contract and they have either 7 or 10 days to go to contract.
Greg Laviero, Vice President of Mark Laviero Contractors in Bristol, the third bidder on this project, pointed out that his company would have an issue with the matter should the town accept the bid from Morais because Morais didn’t use the right forms and the bid bond wasn’t signed and it was his opinion that Morais didn’t have a valid bid bond at the time of the bid.
Corp. Counsel Weaver said “Once it was cured, it was acceptable.” It is her understanding that the city has accepted different forms from bidders in the past.
Councilor Jerram stated that bids should be submitted right the first time without exception, regardless of how it affects the city in terms of the amount of the bid.
VOTE #1065
On the motion to award the bid for Neighborhood Sidewalk and Pedestrian Safety Improvements to Morais Concrete Service Inc., in an amount not to exceed $500,000, which is the Small Cities Grant Cap secured for the project, Councilor McKenna voted in favor while Councilors Jerram, Dalla Valle, Slaiby, Soliani and Waldron opposed the motion. On a 1-5 vote, the motion failed. Morias Concrete Service, Inc. was the low bidder at $379,629.50.
ADD TO AGENDA #1075
Councilor Dalla Valle made a motion to add an item to the agenda by 2/3rds which was seconded by Councilor Jerram, to award the Neighborhood Sidewalk and Pedestrian Safety Improvements Bid to the next lowest bidder, Clover Construction. The Council, with the exception of Councilor McKenna who opposed, voted in favor to add it by 2/3..
AWARD THE BID #1090
Councilor Dalla Valle made a motion to award the neighborhood Sidewalk and Pedestrian Safety Improvements Bid to the next lowest bidder, Clover Construction at $419,078.70. Councilor Jerram seconded the motion. The
Council, with the exception of Councilor McKenna who opposed, voted in favor of the motion,
BUDGET TRANSFERS #1105
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to approve the budget transfer request by the Comptroller Alice Proulx, and referred it to the Board of Finance.
TORRINGFORD SCHOOL BUILDING INVOICE #1120
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment from the Torringford School Building fund for $763.20 to Insalco Corp. for furniture.
SMALL CITIES #1125
On a motion by Councilor Slaiby, seconded by Councilor Dalla Valle, the Council, with the exception of Councilor Jerram who opposed, voted to accept the Small Cities recommendation on project #143-252 emergency boiler replacement of $6,347.00.
(The recommendation from the Small Cities Committee was that the item be accepted.)
A discussion took place to whether or not this matter was risky. Councilor Soliani noted that the administrators do their best to make sure that the city has a good chance of getting its money, but there are times when Small Cities’ loans are not refunded.
PRESENTATION: TRANS-FAT FREE INITIATIVE #1290
Councilor Jerram made a motion to table the presentation/vote on the Trans-Fat Free Initiative. Councilor Waldron seconded the motion. Councilors
Jerram and Waldron voted in favor of the motion. Councilors Dalla Valle, McKenna, Slaiby, and Soliani opposed the motion. Motion to table failed.
Councilor Dalla Valle indicated that the trend throughout the country was to have a Trans-Fat Free Initiative. The City of Torrington could be first to start such an initiative by asking for voluntary participation from residents and businesses as well.
Councilor Dalla Valle noted that restaurants could display signs that say they participate in the initiative. Obviously, that would bear a cost somewhere, which he volunteered to either pay the cost personally or get people to take care of the signs.
Councilor Jerram said that was completely contrary to letting free business operate and promote their businesses by themselves. He believed owners of restaurants should promote a Trans-Fat Free Initiative on their own, should they find it in their best interest to do so.
Councilor Soliani thought it was worth giving it a chance.
Councilor Dalla Valle asked the Council for their approval to kick-off the initiative by scheduling a press conference, and by asking restaurants to participate on a voluntary basis.
MOTION #1545
Councilor Dalla Valle made a motion to start a Trans-Fat Free Initiative in the City of Torrington. Councilor Waldron seconded the motion. The Council voted unanimously to accept the motion.
Councilor Jerram withdrew his positive vote and voted to oppose the motion. On a 5-1 vote, the motion carried.
OPEN TO PUBLIC #1640
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to reopen the meeting to the public for “agenda items” only. There was no public participation.
BUS: DEPT. HEADS #1650
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by Department Heads.
In regard to the Neighborhood Sidewalk and Pedestrian Safety Improvements Bid, City Engineer Edward Fabbri stated that Larry Wagner from Small Cities has to approve the contractor being awarded the bid because the project is federally funded. Since Clover Construction has not been approved , he asked if this would create another technicality.
Mr. Fabbri also reported that Morais had the lowest unit price for concrete sidewalks as opposed to Clover, who was the highest bidder on sidewalks. Mr. Fabbri said they planned to extend the unit price contract with the low bidder to do additional streets and because Clover was awarded the bid, they won’t be able to do that.
Councilor Jerram suggested asking Clover to take on the additional work at the lower price.
It was noted that Larry Wagner would be contacted in the morning to get the approval for the new bidder, Clover Construction.
Edward Fabbri requested adding an item to the agenda by 2/3rds vote in regard to scheduling a public hearing for the abandonment of roads.
ADD TO AGENDA #1795
Councilor Dalla Valle made a motion to add the public hearing to the agenda by 2/3rds vote. Councilor McKenna seconded the motion. Unanimous.
SCHEDULE PUBLIC HEARING #1810
Councilor McKenna made a motion to schedule a public hearing for March 19, 2007 at 7:00 p.m. for the abandonment of Volkman Lane, Ice House Road and a portion of Arthur Street. Councilor Dalla Valle seconded the motion. Unanimous.
BUS: MAYOR & MEMBERS #1830
On a motion by Councilor McKenna, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Jerram reported that Sharon Preato received the Elk of the Year award, the highest honor bestowed upon an Elk member, for her years of service and outstanding efforts in volunteering at the Lodge.
Mayor Bingham said he hoped the controversy over the bid for Sidewalk and Pedestrian Safety Improvements didn’t overshadow the significance of the project.
ADJOURNMENT #1960
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:23 p.m.
ATTEST: CAROL ANDERSON
RECORDING SECRETARY
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