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Minutes 07/02/2007
                       MINUTES
        CITY COUNCIL & WPC AUTHORITY
        JULY 2, 2007

A   REGULAR  MEETING of the City Council & WPC Authority was held on Monday, July 2, 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, City Engineer Edward Fabbri, Purchasing Agent Shirley King, WPC Administrator Raymond Drew, and Facilities Director for the Board of Education David Bascetta.  

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

MINUTES #070
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board, with the exception of Councilor Soliani who abstained, voted to accept the minutes of the regular meeting held June 4, 2007.

On a motion by Councilor Waldron, seconded by Councilor Jerram, the board voted unanimously to accept the minutes of the regular meeting held June 18, 2007.

OPEN TO THE PUBLIC #080
       On a motion by Councilor Jerram, seconded by Councilor Slaiby, the board voted unanimously to open the meeting to the public.

AWARDS TO RECIPIENTS OF THE 24TH ANNUAL INVENTION CONVENTION
Mayor Bingham recognized the following Middle School Students for receiving awards in the 24th Annual Invention Convention held April 28th, 2007.

Bridget Bertoldi won the prestigious McCormack, Paulding, and Huber Award
Tara Parasada won a Connecticut Safety Society Award
The following won awards for being the best in their judging circles:
Nick Chiravolo
Rosemarie Day
Destiny Lopez
Crissy Keywan
Ryan Nivolo
Nick Roberts
Tyler Reiff
Morgan Thulin

There was no further public participation.  

CODE WORK IN REGARD TO THE REMOVAL OF PORTABLE CLASSROOMS AT FORBES SCHOOL #325
On a motion by Councilor Jerram, seconded by Councilor Waldron, the City Council voted unanimously to approve the following Board of Education request in regard to the Code Work Related to the Removal of Portable Classrooms at Forbes School:

A.  To establish a building committee of one person naming the Director of             Facilities as committee chair;
B.  To authorize the preparation of schematic drawings and outline                         specifications for the proposed project including the professional cost               estimates;
C.  To authorize the Board of Education to submit Form ED049 to the State           Department of Education.

        RJB CONTRACTING, INC. #340
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to authorize the payment of $125,810.97 from Account #0279.5910.0000 to RJB Contracting, Inc. in regard to the Neighborhood Sidewalk & Pedestrian Safety Improvements Project.  Funds will be reimbursed from a Small Cities Grant.

SECTION 8-24 REFERRAL #365
On a motion by Councilor Slaiby, seconded by Councilor Jerram, the Council, acting as the Water Pollution Control Authority, voted unanimously to accept Planning & Zoning Section 8-24 Referral in regard to the 610' extension of public sewer on Allen Road, on the condition that the cost of the sewer extension shall be paid for by the developer, Allen Road residents.

Attorney Peter Herbst, Jr. spoke on behalf of five property owners along Allen Road who requested that the city’s sanitary sewer be extended to service their properties.   He noted that Planning & Zoning had already voted favorably on the matter and was asking the city to enter into a Developer’s Agreement with the property owners whereby the property owners will be paying for the cost of the installation of the sewer.  He noted that the Developer’s Agreement provides that there’s a chance the property owners who connect now will get reimbursed if within the next ten years other property owners in the area connect to the sewer line, but the main goal at this time is to get the sewer extended.

Raymond Drew, WPC Administrator said it was his recommendation that the Council, acting herein as the Water Pollution Control Authority, approve the sewer extension on Allen Road and the Developer’s Agreement because it’s within the sewer service area and it will remediate several issues of failing septic systems in the area.

Councilor Jerram asked how the connection fees would be addressed if they extended the line and then others connected.

Mr. Drew said those would be individually appealed if they wished to have the connection fee waived, and a decision would be made by the Authority, but that would come later on as other people connect.  Right now, the sewer extension entails only extending the public main and sewer laterals to the edge of the pavement.   Others will have to connect individually as they see fit.

Councilor Dalla Valle asked if it was similar to Newfield Road where the first few homeowners picked up the tab and then were reimbursed as other people signed on.

Mr. Drew said this would be a similar situation.  He explained that there is a total of seven connections at this time.  Two property owners in this section of line chose not to participate in the Developer’s Agreement.  Should they decide to connect within a ten-year period of time, they would have to reimburse the developers 1/7th of the cost, per the Developer’s Agreement.

SEWER EXTENSION: ALLEN ROAD #470
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council, acting as the Water Pollution Control Authority, voted unanimously to allow the extension of the Allen Road public sanitary sewer and to authorize the execution of the Allen Road Sewer Extension Developer’s Agreement, according to the City Engineer’s memo dated June 28, 2007.  Allen Road residents will act as the Developer and the proposed sewer improvements will be paid for at the Developer’s expense.

        CARPET REPLACEMENT BID: SENIOR CENTER #480
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to accept the recommendation from the Services for the Elderly Commission and the Purchasing Agent to award the bid entitled “Carpet Replacement at Sullivan Senior Center” to Bartholomew Company for $8,115.00.

Councilor Jerram asked members of the Ordinance Committee if this request would fall under the Preferred Vendor Ordinance.

Councilor Dalla Valle, Chairman of the Ordinance Committee, said “The Vendor Preference (Ordinance) would come into play on any bid, that actually went out to bid, but the Purchasing Agent has the discretion, if it’s not a bid, to take a proposal and allow that preference.  That’s the option of the Purchasing Agent. The ordinance clearly states that it’s on either, but again, with a preference there, but the local person would have the 6% leeway.”  

Purchasing Agent Shirley King stated that the matter was put out to bid on the website and advertised in the Republican American, and received only two bids, one from Torrington and one from Bloomfield.  With the significant difference in cost, the recommendation was made for the company in Bloomfield.  

ORDINANCE: REGULATING BIDDING ON PUBLIC CONSTRUCTION PROJECTS #550
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, a discussion took place in regard to an ordinance entitled “An Ordinance Regulating Bidding on the Public Construction Projects in the City of Torrington.”   (Public Hearing held 05/21/2007.)     

Councilor Dalla Valle, Chairman of the Ordinance Committee, said the Ordinance Committee has no recommendations on this ordinance at this time.

VOTE ON ORDINANCE #555
On the previous motion, the Council voted unanimously to oppose the ordinance entitled An Ordinance Regulating Bidding on the Public Construction Projects in the City of Torrington.   The motion failed.

        STATE DECD FOR FUNDS #560
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to proceed with the application process to the State DECD for funds under the Small Cities Program.  (Tabled on 06/04/2007.)

CONTRACT: FRIAR ASSOC. #575
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to award the RFP and execute a contract with Friar Associates of Farmington, CT for pre-referendum services for City Hall renovations for an amount not to exceed $20,000.00 from the City Hall Budget, Line Item 0010.0026.5199.0000.

Michael Clark, Chairman of the Municipal Renovations Committee, explained that 15 potential architect firms were reduced to five.  Those five were interviewed by the MRC and reduced to two finalists who were asked to come back.  At that time they were asked specific questions of a more definitive nature based on information the committee received from their initial interview and follow-up talks held by the committee.  One reason Friar Associate was chosen is their no-nonsense approach to this project.  Their goal is to address the necessities to correct code and get the city in compliance with ADA factors.  One of the issues that was addressed very well by one of the principals in the company is the quality that everyone is concerned about, the historic value of this building that is not to be altered. Instead of taking short cuts, Friar will phase the work that has to be done first and everything done will be top quality to insure that this building will be in existence another seventy years.   Brian Solywada, representative from Friar Associates is very well versed in these matters, he understands Torrington and the willingness of the people in Torrington to do that kind of work.   In summary, Friar Assoc., Inc. was selected because they were very concise in their presentation and they’ve already been incredibly responsive to questions the MRC had for them.  They are a tight team, very energetic and very logical, practical, and quality minded.  

Mr. Clark introduced Mr. Solywada to the Council, and urged the Council to award the RFP and execute a contract with Friar Associates of Farmington, CT for pre-referendum services for City Hall renovations.  

Councilor Jerram, member of the MRC,  pointed out that Mr. Solywada and his team at Friar Assoc., Inc. were the architects for the Torringford Elementary School.

SMALL CITIES: SAFEHOMES, INC. #750
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the board voted unanimously to authorize the payment of $755.00 from Small Cities Fund #250 to SafeHomes, Inc. for a Risk Assessment and Abatement Plan - Invoice #3649.

SMALL CITIES: REGISTER CITIZEN #755
On a motion by Councilor Waldron, seconded by Councilor Jerram, the board voted unanimously to authorize the payment of $403.80 from Small Cities Fund #250 to The Register Citizen for the legal notice concerning the Willow Gardens Senior Housing Complex.  Invoice #2164290.

SMALL CITIES: LAVOZ HISPANA DE CT. #760
On a motion by Councilor Waldron, seconded by Councilor Jerram, the board voted unanimously to authorize the payment of $377.00 from Small Cities Account #009417732507 to LaVoz Hispana De Connecticut for Invitation to Bid Ad concerning the Neighborhood Sidewalk & Pedestrian Safety Improvements. Invoice #012507-34E.

SMALL CITIES RECOMMENDATIONS #770
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the board voted unanimously to hear recommendations from the Small Cities Sub Committee.

On a motion by Councilor Waldron, seconded by Councilor Slaiby, the board voted unanimously to authorize the payment of $10,900.00 from Small Cities for an emergency roof replacement on Project #143-258.

The committee said they will attempt to get more information in the future in order to justify whether or not a project is a true emergency.  

OPEN TO PUBLIC FOR AGENDA ITEMS ONLY #850
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to reopen the meeting to the public for “Agenda Items” only.  There was no public participation.

BUS: DEPT HEADS #865
City Engineer Edward Fabbri noted that three bidders bid on the Chip Sealing Bid.  The contract was set up as they do every year to be under prevailing wage rates, which is $100,000.00.  The low bid was $98,000.00, however, the bidder did not include the company seal and the signature of a witness on the bid form.  The next bidder’s bid was $106,000.00.  Therefore, the Purchasing Agent noted that they will rebid the project.   

ADD TO AGENDA #940
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the board voted unanimously to add the Chip Sealing Bid to the agenda by 2/3rds vote.

REJECT CHIP SEALING BID #960
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the board voted unanimously to reject the Chip Sealing Bids.

WEED ROAD PROJECT #990
Mr. Fabbri informed the Council that his department has been working hard to move the Weed Road project along.  He noted that he and Public Works Director Jerry Rollett met with their consultant, Milone & MacBroom, who were accepted by FEMA as the city’s on-call engineers for the project, as well as DEP officials, and Kim Barbieri from Inland Wetlands at which time they went through the whole exercise on how they planned to get the project done before winter.  He stated that, even though they tried to get the DEP’s input up-front as soon as possible, their permitting process will still delay the project.  The Water Company also had a concern in regard to a water line they have on the dam that may freeze during the winter.

Mr. Fabbri said the DEP will push the permit process along because they see the urgency of the people on the other side of Bantam River who have limited access for emergency services.  Milone & MacBroom are now working on the hydraulics analysis that will be needed for a box culvert to replace the existing twin metal pipes, and they will submit their analysis to the DEP.   Milone & MacBroom indicated that it will take two months to manufacture, deliver and set the box culvert.  Using the best scenario, it doesn’t look like there’s much time left to do the project before winter sets in.  

Mr. Fabbri informed the board that we were closing out a contract with Dayton Construction Co. on Brookside who installed a culvert at the intersection of Britton Avenue.  He was impressed with the company and recommended them highly.  He suggested adding the Weed Road project as part of the contract that they already bid on Brookside.  FEMA said that would be acceptable as long as we weren’t in violation of any state laws.   FEMA reimbursement is not state money, and the city is picking up the 25% of the balance that FEMA won’t cover, so the state will not be included in this project.   Dayton Construction could review the project with Milone & MacBroom and submit the “design built” to the DEP.   The culvert could be ordered toward the end of July once the engineers have it designed, and delivered two months later giving them enough time to finish the project by October or November.

Councilor Slaiby asked if there would be a difference in cost.

Mr. Fabbri said “designed built” projects are as good or better, and there could be savings.

Councilor Soliani asked Mr. Fabbri if he foresaw any phases of this project being rejected.

Mr. Fabbri noted that any problems would come from the DEP.  The idea is to leave the ledge as it is and attach the box to the ledge without a bottom.  That would leave a natural bottom to the river.  They are trying to appease the DEP and the fishery people and make the box environmentally friendly.

Councilor Dalla Valle asked about the cost.

Mr. Fabbri estimated $500,000.00, but wasn’t certain because they don’t know what size box it will be.   

Councilor Dalla Valle asked if the project could become a referendum issue because it’s more than $100,000.00.   He said, “Because we’re being reimbursed, does that mean we don’t have to worry about the $100,000.00 before we go to a referendum, or is it because we’re going to outlay the $500,000.00, or do we have to go to referendum?”

Corporation Counsel Weaver indicated that our share is less than $100,000.00.  She said it was her understanding that 75% of this money will be covered by FEMA, and we’re trying to find state money for the additional 25%.

Mr. Fabbri noted that he hasn’t been able to verify that the state will pick up any of the cost.

Councilor Soliani suggested that Mr. Fabbri talk to our state representatives.

Councilor Dalla Valle was concerned that we may still have a referendum issue.

Councilor Jerram asked if there were any funds in our Capital Improvement Plan in Public Works that we could use for general road and bridge repair.

Corporation Counsel Weaver said we may have some flexibility with this type of project depending on what the Public Works budget looks like, but that will require more research and discussion.

Councilor Dalla Valle said perhaps they could shift a capital improvement project, should there be a project that can be put off.   If a project is already budgeted and we shift a capital improvement project for an emergency like this, it can be done legally.  If we go more than $400,000.00, then we have to go to referendum or find a shift in the capital improvement budget through the Public Works Department.

Mayor Bingham said they would consult with Mr. Rollett, and the item will be placed on the next Council agenda.

Mr. Fabbri will try to get a better handle on the cost of the project and see if other funding will be available.

BUS: MAYOR & MEMBERS #1620
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the board voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
       
Councilor Jerram noted that granite curbing along the northwest intersection of Hoerle Boulevard North and West has not been replaced.

Mr. Fabbri said he would look into the matter.

Mayor Bingham reported that the 4th of July fireworks will be bigger and better than ever.

ADJOURNMENT #1770
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the board voted unanimously to adjourn at 7:22 p.m.

ATTEST: JOLINE LeBLANC
               ASST. CITY CLERK