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Minutes 11/07/2007
                       MINUTES
        SPECIAL JOINT MEETING
        BOARD OF COUNCILMEN & THE
        BOARD OF FINANCE
        NOVEMBER 7, 2007

A   SPECIAL JOINT MEETING OF THE BOARD OF COUNCILMEN & THE
BOARD OF FINANCE was held on Wednesday, November 7, 2007 in the Council Chambers.

Those in attendance included Mayor Ryan J. Bingham, City Councilors Thomas C. Jerram, Rick E. Dalla Valle, Andrew J. Slaiby, Marie P. Soliani, and Drake L. Waldron, Board of Finance members James Zeller, Daniel Farley, Thomas Scoville, Mark Bushka (arrived at 5:15 p.m.) and Bruce Cornish (arrived at 5:24 p.m.) Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, Administrative Assistant to the Mayor Steven Nocera.  Several members of the Municipal Renovations Committee were also present, along with Brian A. Solywoda, Vice President and Adam Palmer, Graduate Architect from Friar Associates, Inc. and Brian Holmes, from O & G Industries.  Absent was Councilman James F. McKenna.

Mayor Bingham called the meeting to order at 5:00 p.m.

PRESENTATION:   TORRINGTON CITY HALL ADDITION, RENOVATION AND IMPROVEMENT PROJECT AND CITY BARN SITE TRAFFIC DIVISION BUILDING CONSTRUCTION PROJECT

Michael Clark, Chairman of the Municipal Renovations Committee introduced
Brian Solywoda, Vice President and Adam Palmer, Graduate Architect from Friar Associates and Brian Holmes from O & G Industries, who gave a presentation on the Torrington City Hall addition, renovation and improvement project and city barn site traffic division building construction project.

Mr. Palmer indicated that they attempted to incorporate all the high traffic departments on the first floor.  The main occupants include the City Clerk, the Tax Assessor and the Tax Collector.  It will have a handicap accessible entrance and a new elevator will be installed in an existing shaft.  A larger suite for the City Clerk will have a vault that will meet current standards.  The Tax Collector and Assessor will be close to each other and accessible to the public.  Swing space will also be incorporated for future use. Existing lavatories will be renovated to meet ADA requirements.  The Veteran’s Memorial, currently on the second floor, will be relocated to the center of the building where a lobby will be created at the front entrance of the building.

The auditorium on the second floor will be reclaimed as the Council Chambers.  The back of the room will be used for storage for the Registrars of Voters.  Probate will remain somewhat unchanged with the exception that their vault will be expanded.   Personnel, Data Processing, Comptroller, Treasurer and Purchasing will also be relocated on the second floor.  Swing space will be available.

The floor space in the Mayor’s Office on the third floor will be increased and re-worked to give them a better flow.  Planning & Zoning, Building, and Engineering will also be located on the third floor.  A mezzanine will be created for the Building Office to allow them to have a more appropriately sized office.  A conference room will also be built to be used by the three departments.

The building will have a new roof, new windows, new HVAC system, a  sprinkler system will be installed, and the technology will be expanded.  Mr. Palmer indicated that the site of City Hall didn’t change.  They reconfigured some of the parking, but that was basically milling and re-stripping.  

Brian Holmes said the estimated cost was $14,982,597.00 as the bottom line for the project.  The construction cost is approximately $9 million and the remainder of the funds are for contingencies, fees, and soft costs including furniture, equipment, and some technology.   The bottom line includes costs for moving people around as construction begins.

Mr. Scoville asked if the cost for temporary offices was included in the bottom line.

Mr. Holmes said they have included contingency funds for temporary offices, but they are uncertain where they will be and how many will be needed at this time.

Mr. Bushka arrived at 5:15 p.m.

Mr. Zeller inquired about the difference in cost from the first time the project went to referendum to this time.

Mr. Holmes indicated that the first referendum was around $19 million.  The design is much simpler at this time, where there is no addition of square footage to the building.  There is more efficient use of the space and less walls being moved.

Mr. Zeller inquired about the increase in cost of materials since the last referendum.

Mr. Holmes indicated that there was a very large increase in steel and they are still seeing spikes in copper, but most of the other materials have stabilized.  They are carrying escalation within the budget of 6% a year, which they feel is adequate.

Mr. Zeller asked how much of the building will still be open to the public while construction is on-going.  

Brian Solywoda and Mike Clark indicated that it would be phased construction, where they will be swaying people around, and not everyone will be affected at the same time.   The auditorium may be used as swing space.  

Councilor Dalla Valle asked if they had a time frame in mind as to when people will be displaced.

Mr. Clark indicated that the project will probably take eighteen months from the start of construction.

Councilor Waldron asked if the city barn was encompassed in this project.

Mr. Solywoda said yes; the Traffic Department will move out of City Hall and be re-located in a proposed, pre-manufactured metal building on the site of the old city barn.

Councilor Waldron asked what will become of the old city barn building.

Mr. Solywoda said it was not being touched.

Councilor Slaiby asked if the space currently used by Traffic will be used for storage.

Mr. Solywoda said the area consists of three bays; once of which will be used by maintenance, the others will become an archive area.

Councilor Slaiby asked why they didn’t use the swing space on the first floor for other departments, since it’s easier to access.

Mr. Palmer said they kept some swing space on both, the first and second floors in order to incorporate any future growth within the departments located on those floors.  If would be difficult to subdivide a larger swing space on one floor to several departments.

In closing, Mr. Clark informed the boards that the proposal is approximately $5 million less than the previous one and most of the savings comes from not building the atrium previously proposed.  Their proposal was based on users of the building.  It’s a bare bones approach, using the existing structure. They made as many efforts at conservation as possible.  No band aids were applied and no lower quality presentations were accepted.

Councilor Slaiby asked if the abatement was included in the cost.

Mr. Solywoda said yes.  

Mr. Holmes indicated that $455,000.00 was budgeted for the abatement.  

Action by the Board of Finance
VOTE TO ADOPT RESOLUTION: #620
On a motion by Mr. Scoville, seconded by Mr. Farley, the Board of Finance voted unanimously, by roll call vote, to adopt a Resolution recommending the appropriation of $14,982,597 for the Torrington City Hall Addition, Renovation and Improvement Project And City Barn Site Traffic Division Building Construction Project and the authorization of the issue of bonds and notes in the same amount to finance the appropriation.  On a 4-0 vote, the motion carried.

RESOLUTION OF BOARD OF FINANCE

Torrington City Hall Addition, Renovation And Improvement and City Barn Site Traffic Division Building Construction Project
November 7, 2007

RESOLVED, that the Board of Finance recommends that the City of Torrington appropriate $14,982,597 for costs related to additions, renovations and improvements to and furnishing of the Torrington City Hall, 140 Main Street in Torrington, and to construction of a prefabricated building and related improvements at the City Barn site, 59 Winthrop Street in Torrington, for use by the Traffic Division of the City. The City Hall portion of the project is contemplated to include an addition on the north side of the building over the existing auditorium space; exterior brickwork and limestone entrance façade refurbishment; new elevator installation; roof and roof drain replacement; HVAC systems replacement and improvements; flooring, ceiling, mechanical, lighting and electrical system upgrades; installation of new and refurbishment of existing interior finishes; window and interior and exterior door replacement; vault improvements; life-safety and code compliance improvements including installation of fire sprinklers and fire egress improvements, accessibility/ADA compliance improvements, hazardous materials abatement, indoor air quality improvements and building leak and mold abatement; signage improvements; network data and communications system upgrades; security system installation; site improvements including site lighting improvements, sidewalk reconstruction and improvements, parking lot and drainage improvements, landscaping and signage; and other project-related improvements and work including signage and other parking-related work along City Hall Boulevard.  The City Hall and City Barn site Traffic Division building portions of the project are contemplated to be completed substantially in accordance with the descriptions and conceptual plans included in the report entitled “Torrington City Hall/Programming Study, Torrington, Connecticut” dated September, 2007 and the preliminary site plan entitled “Town Barn, Site Plan, Additions and Renovations, Torrington City Hall, Torrington City Barn, Winthrop Street, Torrington, CT” dated September 13, 2007,  both prepared by Friar Associates, Inc.  The Municipal Renovations Committee shall be 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, construction, acquisition and installation costs, related site and other improvements, equipment, furnishings, materials, technology infrastructure, moving, storage and other temporary relocation costs, traffic control costs, permit fees, survey and study costs, architect, engineering and other consultant fees, legal fees, net temporary interest and other financing costs, and other expenses related to the project and its financing.
FURTHER RESOLVED, that the Board recommends that the City authorize the issue of $14,982,597 bonds or notes and temporary notes to finance said appropriation and hereby approves the issue of such  bonds or notes and temporary notes.
Mr. Cornish arrived at 5:24 p.m.

VOTE TO TRANSFER FUNDS #640

On a motion by Mr. Bushka, seconded by Mr. Zeller, the Board of Finance voted unanimously to transfer $10,000.00 from account 0010.0026.5245.0006 Building Renovations to account 0010.0026.5245.0008 Building Renovations Information such funds to be used for the creation, duplication and distribution of an explanatory text with respect to the referendum question on the Torrington City Hall Addition, Renovation and Improvement and City Barn Site Traffic Division Building Construction Project authorization, if adopted by the Board of Councilmen.
Action by the City Council
Mayor Bingham noted that each member received a copy of said resolutions, and that a positive vote confirms that they have read and understood them.

VOTE TO ACCEPT RECOMMENDATION FROM BD. OF FINANCE #660
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Board of Councilmen voted unanimously to accept the recommendation from the Board of Finance re: the appropriation of $14,982,597 for the Torrington City Hall Addition, Renovation and Improvement and City Barn Site Traffic Division Building Construction Project and the authorization of the issue of bonds and notes in the same amount to finance the appropriation.
VOTE TO ADOPT A RESOLUTION #685
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Board of Councilmen voted unanimously, by roll call vote, to adopt a Resolution appropriating $14,982,597 for the Torrington City Hall Addition, Renovation and Improvement and City Barn Site Traffic Division Building Construction Project and authorizing the issue of bonds and notes in the same amount to finance the appropriation.  On a 5-0 vote, the motion carried.

RESOLUTION APPROPRIATING $14,982,597 FOR THE TORRINGTON CITY HALL ADDITION, RENOVATION AND IMPROVEMENT AND CITY BARN SITE TRAFFIC DIVISION BUILDING CONSTRUCTION PROJECT, AND AUTHORIZING THE ISSUE OF BONDS AND NOTES IN THE SAME AMOUNT TO FINANCE THE APPROPRIATION
RESOLVED,
(a)  That the City of Torrington appropriate FOURTEEN MILLION NINE HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED NINETY-SEVEN DOLLARS ($14,982,597) for costs related to additions, renovations and improvements to and furnishing of the Torrington City Hall, 140 Main Street in Torrington, and to construction of a prefabricated building and related improvements at the City Barn site, 59 Winthrop Street in Torrington, for use by the Traffic Division of the City. The City Hall portion of the project is contemplated to include an addition on the north side of the building over the existing auditorium space; exterior brickwork and limestone entrance façade refurbishment; new elevator installation; roof and roof drain replacement; HVAC systems replacement and improvements; flooring, ceiling, mechanical, lighting and electrical system upgrades; installation of new and refurbishment of existing interior finishes; window and interior and exterior door replacement; vault improvements; life-safety and code compliance improvements including installation of fire sprinklers and fire egress improvements, accessibility/ADA compliance improvements, hazardous materials abatement, indoor air quality improvements and building leak and mold abatement; signage improvements; network data and communications system upgrades; security system installation; site improvements including site lighting improvements, sidewalk reconstruction and improvements, parking lot and drainage improvements, landscaping and signage; and other project-related improvements and work including signage and other parking-related work along City Hall Boulevard.  The City Hall and City Barn site Traffic Division building portions of the project are contemplated to be completed substantially in accordance with the descriptions and conceptual plans included in the report entitled “Torrington City Hall/Programming Study, Torrington, Connecticut” dated September, 2007 and the preliminary site plan entitled “Town Barn, Site Plan, Additions and Renovations, Torrington City Hall, Torrington City Barn, Winthrop Street, Torrington, CT” dated September 13, 2007,  both prepared by Friar Associates, Inc.  The Municipal Renovations Committee 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, construction, acquisition and installation costs, related site and other improvements, equipment, furnishings, materials, technology infrastructure, moving, storage and other temporary relocation costs, traffic control costs, permit fees, survey and study costs, architect, engineering and other consultant fees, legal fees, net temporary interest and other financing costs, and other expenses related to the project and its financing.
( b)   That the City issue its bonds or notes, in an amount not to exceed FOURTEEN MILLION NINE HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED NINETY-SEVEN DOLLARS ($14,982,597) to finance the appropriation for the project.  The bonds or notes shall be issued pursuant to Section 7-369 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 to the extent that such grants are not separately appropriated to pay additional project costs.  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 Pitney LLP 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.
( c ) 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 FOURTEEN MILLION NINE HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED NINETY-SEVEN DOLLARS ($14,982,597).  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.
(d)  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 they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes 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.
( e) That the Municipal Renovations Committee is vested with the following powers and duties:  to approve design and construction expenditures for the project pursuant to contracts therefor duly executed by the Mayor, 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.

(f)   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.
 ( g ) That the Mayor, the Board of Councilmen, the Treasurer, the Municipal Renovations Committee and other proper officers and officials of the City are each authorized to take any other action which is necessary or desirable to complete the project and to issue bonds or notes or obtain grants to finance the aforesaid appropriation.
     ( h ) That this resolution shall not take effect unless the voters of the City approve the $14,982,597 appropriation and bond and note issue for this project.  

VOTE TO ADOPT A RESOLUTION #710
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Board of Councilmen voted unanimously, by roll call vote, to adopt a Resolution to set a referendum date and approve the ballot heading for the Torrington City Hall Addition, Renovation and Improvement and City Barn Site Traffic Division Building Construction Project Authorization.  On a 5-0 vote, the motion carried.

RESOLVED, that the appropriation and borrowing authorization approved under item 5 above be submitted to the voters of the City of Torrington for approval by vote on voting machines to be held in Torrington on December 13, 2007 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 $14,982,597 FOR THE TORRINGTON CITY HALL ADDITION, RENOVATION AND IMPROVEMENT AND CITY BARN SITE TRAFFIC DIVISION BUILDING CONSTRUCTION PROJECT, AND AUTHORIZE THE ISSUE OF BONDS AND NOTES IN THE SAME AMOUNT TO FINANCE THE 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.

MOTION ON EXPLANATORY TEXT #720
On a motion by Councilor Jerram, seconded by Councilor Slaiby, a discussion was held in regard to the creation, duplication and distribution of explanatory text with respect to the referendum question on the Torrington City Hall Addition, Renovation and Improvement and City Barn Site Traffic Division Building Construction Project authorization, and to approve the transfer of $10,000.00 from account 0010.0026.5245.0006 Building Renovations to account 0010.0026.5245.0008 Building Renovations Information to be used for such purposes.

Councilor Slaiby inquired the reason for this motion.

Mayor Bingham noted that the $10,000.00 will be used to educate the public about the upcoming referendum.  The funds will be transferred from what was already budgeted to repair the roof.

Councilor Slaiby asked where the $10,000.00 will come from to repair the roof should the referendum fail.  

Mayor Bingham indicated that funds budgeted for the roof was merely an estimate, and the Council will need to go to Contingency, if needed, to supplement the cost in repairing the roof.

Councilor Jerram, member of the Municipal Renovations Committee, indicated that a pamphlet will be printed and mailed to each household informing residents of the referendum.  

Councilor Slaiby said he hopes every resident will be well informed. He thought perhaps they didn’t do enough in communicating their feelings on the last referendum.

Councilor Dalla Valle referred to Corporation Counsel on that issue.

Corporation Counsel Weaver said there was an issue as to public officials, employees, and Council people speaking on the various issues, trying to sway votes, and the ability to use city dollars to persuade people to vote one way or the other and so, we were really struggling with objectivity in presenting the project.  That has been clarified; as long as we are explaining the project objectively and explaining what the goals of the project are objectively, then we can speak as long as we don’t try to exploit a particular position or use city hours to exploit a particular position.

Mayor Bingham said it could be assumed, by all the various steps that the City Council and the Board of Finance goes through, that they are in favor of the project.  That could come across during some of the discussions held anywhere.

VOTE: EXPLANATORY TEXT #900
On the previous motion, the Board of Councilmen voted unanimously to approve the creation, duplication and distribution of explanatory text with respect to the referendum question on the Torrington City Hall Addition, Renovation and Improvement and City Barn Site Traffic Division Building Construction Project authorization, and to approve the transfer of $10,000.00 from account 0010.0026.5245.0006 Building Renovations to account 0010.0026.5245.0008 Building Renovations Information to be used for such purposes.

ADJOURNMENT #900
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the boards voted unanimously to adjourn at 5:32 p.m.


ATTEST: JOLINE LeBLANC
               ASST. CITY CLERK