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Minutes 10/19/2009
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MINUTES CITY COUNCIL & WPC AUTHORITY October 19, 2009
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A REGULAR MEETING of the City Council & WPC Authority was held in the Senior Center Main Room on Monday, October 19, 2009.
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Present were Mayor Ryan J. Bingham, Corporation Counsel Ernestine Yuille Weaver, City Councilor Elinor Carbone, Richard Dalla Valle, Marie Soliani, Thomas Jerram and Drake Waldron, WPC Administrator Ray Drew, Director of Public Works Gerald Rollett, Fleet Manager Emil Castro and Purchasing Agent Pennie Zucco. City Councilor Michael Colangelo arrived at 6:41 p.m. |
Mayor Bingham called the meeting to order at 6:30 p.m.
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MINUTES #18 On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to accept the minutes of the Regular Meeting held October 5, 2009. Councilor Soliani abstained.
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OPEN TO THE PUBLIC #27 On a motion by Councilor Soliani, seconded by Councilor Dalla Valle, the Council voted unanimously to open the meeting to the public. Heather Kosmulski, Co-Chairman of the Torrington Early Childhood Collaborative gave a presentation on the $8,000 grant received from the "Ready Kids, Ready Schools" federal grant initiative. She said Torrington was one of 42 communities to receive this grant out of 200 applications nationwide. The grant will help TECC apply for future American Recovery & Reinvestment Act funds up to $200,000 with
20% matching in-kind or cash donations. This is to help link early care and learning to the early grades and strengthen the foundation for success. Donna Labbe, TECC Community Outreach Coordinator, added that the $200,000 grant they will apply for in early 2010 comes from a pool of 4.5 billion dollars, and will be obligated by September of 2010.
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ELDERLY NUTRITION PROVIDER #107 On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to approve the City of Torrington to serve as the Elderly Nutrition Provider to provide home delivered and congregate meals for the Litchfield Hills Northwest area as recommended on 10/13/2009 by the Nutrition Supervisor of the Litchfield Hills Northwest Elderly Nutrition Program for the contract term 10/1/09 through 9/30/12 and authorize the Mayor to execute the contract.
The following was unanimously approved on a motion by Councilor Dalla Valle, seconded by Councilor Carbone:
1) $6.80 per congregate meal and $3.49 per single home delivered meal for year one. 2) 10% less than FFY 2008-2009 with the understanding that the provider can request additional funds based on the final WCAAA funding for year one. 3) City of Torrington, LH/NW Elderly Nutrition Program, a cap of up to 3.5% increases for years two and three with the understanding that the provider can request additional funds to pay for extraordinary expenses based on WCAAA funding.
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FORMATION OF REGIONAL SOLID WASTE AUTHORITY: #470 On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to accept the Public Works Director's recommendation to execute the Preliminary Interest Commitment Form, along with any support resolutions as may be warranted, for the formation of a Regional Solid Waste Authority per his memo dated September 28, 2009 and to adopt the following resolution:
WHEREAS the municipalities constituting the Mid-Connecticut Project have been researching solutions for long-term solid waste disposal when their contract with the Connecticut Resources Recovery Authority expires in 2012; and
WHEREAS other municipalities in the Litchfield Hills Council on Elected Officials and elsewhere have expressed interest in joining efforts with the Mid-Connecticut Project municipalities to find long-term solid waste disposal solutions; and
WHEREAS the Capitol Region Council on Governments has performed a regional solid waste options analysis and successfully tested the presence of alternatives in the private market through a Request for Information for Integrated Regional Solid Waste Management Services covering Transfer, Transportation, Disposal and Processing/Recycling Services; and
WHEREAS the Capitol Region Council of Governments Executive Committee has authorized CRCOG staff to facilitate the forming of a solid waste management authority to represent municipalities interested in conducting an RFP and negotiating for long-term solid waste disposal services; and
WHEREAS the City of Torrington has expressed preliminary interest in taking part in the solid waste authority formed by the Capitol Region Council of Governments, the “Central Connecticut Solid Waste Authority.”
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NOW THEREFORE BE IT RESOLVED that the City Council of Torrington Connecticut does hereby preliminarily endorse the above referenced Central Connecticut Solid Waste Authority and authorizes its Mayor, Ryan Bingham, to sign all necessary agreements and take all necessary actions to allow the City to pay a fee of $500 to help defray the professional fees necessary to draft a model ordinance which the City could then adopt if it decided to become a member of the Authority, as well as other costs of creating the Authority.
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SANITARY SEWER CAPITAL IMPROVEMENT ACCT #185 On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to approve the following payments:
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Street |
Invoice # |
Amount |
1. |
Cedar Lane |
80459 |
$5,371.75 |
2. |
Riccardone Ave. |
80954 |
$2,528.46 |
3. |
Wood St. (2) |
80956 |
$7,340.39 |
4. |
Wilmot St. |
80955 |
$3,568.85
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PURCHASE TWO SNOW PLOWS: #193 Councilor Dalla Valle made a motion to accept the recommendation of Fleet Manager Emil Castro and Purchasing Agent Pennie Zucco to purchase two Larochelle Snow Plows from Truck Builders of CT of Terryville, CT in the amount of $15,410.00, having been tabled by City Council on October 5, 2009. Councilor Waldron seconded, and the motion was unanimously approved. Mr. Castro explained there were twelve plows originally up for replacement, two have been put off for another two years. The two now up for replacement require too much repair work, as they are 11 year
old plows.
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MUNICIPAL RENOVATIONS: #223 On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to approve the following payments from the Municipal Renovations Fund #0316: |
Torrington Water Company |
91709 |
196.79 |
water usage |
Torrington Water Company |
100209 |
24.14 |
water usage |
Friar Associates Inc. |
270160008 |
45,779.13 |
Contract Admin/consult fees |
Torrington Business Park LLC |
100109 |
9,461.73 |
October Rent |
Dixworks |
100609 |
3,420.00 |
Gen. Obligation Bond Anticipation Notes |
Horizon Engineering |
7 |
500.00 |
Prof svc 8/29-9/25/09 |
Special Testing Laboratories |
24050 |
8,658.69 |
Inspections |
O&G |
#5-CTYHALL |
989919.58 |
services thru 9/30/09 |
BLDG DEPT REPORT #229 On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the Building Department report for September 2009.
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OPEN TO THE PUBLIC, AGENDA ITEMS ONLY #232 On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to open the meeting to the public on "agenda items" only. No one wished to speak.
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BUSINESS BY DEPT HEADS #241 On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to consider business presented by Department Heads.
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BUSINESS BY MAYOR AND COUNCIL #255 On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by the Mayor and members of City Council. Councilor Jerram inquired about the newly passed State Budget's impact on the City. Mayor Bingham said we are within 1/2 of a percentage of what we budgeted for. Councilor Soliani requested an update on the City Hall Renovation Project. Councilor Colangelo suggested the Council consider a meeting format that provides for discussion and exploration of new ideas in the first meeting of the month, and action or votes occurring in the second meeting of the month, unless the vote is required sooner. Councilor Carbone agreed that extra time for research would be helpful.
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RECESS: #550 A ten minute recess was called at 6:50 p.m.
PUBLIC HEARING #565 Mayor Bingham called the Public Hearing to order at 7:00 p.m. to consider the advisability of construction of the Regional Fats, Oil and Grease (FOG) Receiving Facility at the Torrington Water Pollution Control Facility. |
City Clerk Joseph L. Quartiero read the legal notice.
Having no questions or comments, Mayor Bingham called the Public hearing to a close at 7:02 p.m.
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FOG RECEIVING FACILITY, AS COUNCILMEN #606 Councilor Waldron made a motion, seconded by Councilor Jerram, to adopt a resolution as Board of Councilmen ratifying the WPCA's appropriation of $1,440,000 for planning, design and construction of the Regional Fats, Oils & Grease (FOG) Receiving Facility Project and authorizing the issue of revenue bonds, notes and obligations of the City in the same amount to finance the appropriation. The motion was unanimously approved. Mr. Drew explained that a new building is not being constructed, rather, an existing tank is being retrofitted into two fractionalization tanks and a pump house.
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FOG RECEIVING FACILITY, AS WATER POLLUTION CONTROL AUTH #641 Councilor Jerram made a motion, seconded by Councilor Colangelo, to adopt a resolution as Water Pollution Control Authority ratifying the WPCA's appropriation of $1,440,000 for planning, design and construction of the Regional Fats, Oils & Grease (FOG) Receiving Facility Project and authorizing the issue of revenue bonds, notes and obligations of the City in the same amount to finance the appropriation. The motion was unanimously approved.
RESOLUTION RATIFYING THE WPCA’S APPROPRIATION OF $1,440,000 FOR PLANNING, DESIGN AND CONSTRUCTION OF THE REGIONAL FOG RECEIVING FACILITY PROJECT, AND AUTHORIZING THE ISSUE OF REVENUE BONDS, NOTES AND OBLIGATIONS OF THE CITY IN THE SAME AMOUNT TO FINANCE THE APPROPRIATION RESOLVED, (a) That the City of Torrington ratifies the appropriation of ONE MILLION FOUR HUNDRED FORTY THOUSAND
($1,440,000) by the Water Pollution Control Authority for the planning, design and construction of the Regional FOG Receiving Facility at the Torrington Regional Water Pollution Control Facility. The Water Pollution Control Authority 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 planning, design, construction, acquisition and installation costs, related site and other improvements, equipment, materials, technology infrastructure, 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 of Torrington issue its bonds, notes or obligations in an amount not to exceed ONE MILLION FOUR HUNDRED FORTY THOUSAND ($1,440,000) to finance the appropriation for the project. The amount of bonds, notes or obligations authorized to be issued shall be reduced by the amount of grants received for the project to the extent that such grants are not separately appropriated to pay additional project costs. The bonds, notes or obligations shall be issued pursuant to Sections 7-259, 7-263a, and 7-369 of the General Statutes of Connecticut, Revision of 1958, as amended, and, as applicable, any other enabling acts including without limitation Sections 22a-475 to 22a-483 of said General Statutes. The bonds, notes or obligations shall be special, limited obligations of the City secured as to both principal and interest solely by a pledge of and lien upon all or
any portion of the revenues of the Water Pollution Control Authority (the “WPCA Revenues”), and shall not be secured by a pledge of the full faith and credit of the City. The bonds, notes or obligations may be issued in one or more series. The Treasurer shall keep a record of the bonds, notes or obligations. The Mayor and the Treasurer of the City shall sign the bonds, notes or obligations by their manual or facsimile signatures. The bonds, notes or obligations 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, notes or obligations. The Mayor and the Treasurer are authorized to determine the amount, date, interest rates, maturities, form and other details of the bonds, notes or obligations; to designate a bank or trust company to be certifying bank, registrar, transfer agent and paying agent for the bonds, notes or obligations;
to sell the bonds, notes or obligations at public or private sale; to deliver the bonds, notes or obligations; and to perform all other acts which are necessary or appropriate to issue the bonds, notes or obligations.
(c) That the City of Torrington issue and renew its temporary notes or interim funding obligations from time to time in anticipation of the receipt of the proceeds from the sale of the bonds, notes or obligations or the receipt of grants for the project. The amount of the temporary notes or interim funding obligations outstanding at any time shall not exceed ONE MILLION FOUR HUNDRED FORTY THOUSAND ($1,440,000). The temporary notes or interim funding obligations shall be issued pursuant to Sections 7-264, 7-264a, 7-378 and, as applicable, any other enabling acts including without limitation Sections 22a-475 to 22a-483 of the General Statutes of Connecticut, Revision of 1958, as amended. The temporary notes or interim funding obligations shall be special,
limited obligations of the City secured as to both principal and interest solely by a pledge of and lien upon all or any portion of the WPCA Revenues, and shall not be secured by a pledge of the full faith and credit of the City. The City shall comply with the provisions of Sections 7-378a and 22a-479(c) of said General Statutes with respect to any such interim funding obligations. 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 of the Water Pollution Control Authority and that the City reasonably expects to reimburse any such advances (except to the extent reimbursed from grant moneys) 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, notes or obligations authorized by this resolution if issued on a tax-exempt basis, including covenants to pay to the United States in future years rebates of investment earnings derived from the investment of the
proceeds of such obligations. (e) That the Mayor and the Treasurer are authorized, upon a determination that such action is in the public interest, to issue any bonds, notes, obligations, temporary notes or interim funding obligations authorized by this resolution in such form and manner that the interest on such bonds, notes, temporary notes, or other obligations may be includable under the Internal Revenue Code of 1986, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended, in the gross income of the holder or holders of such obligations. (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, notes, obligations, temporary notes or interim funding obligations 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, notes, obligations, temporary notes or interim funding obligations. (g) That the Mayor, or any other proper officer or official of the City, is authorized to apply for and accept grants and/or loans from the State of
Connecticut or any other entity to finance the project, and to enter into any grant or loan agreement prescribed by the State or any other grantor or lender, and that the Mayor and the Treasurer are authorized to take any other actions necessary to obtain grants or loans pursuant to Section 22a-479 of the Connecticut General Statutes, Revision of 1958, as amended, or to any other present or future legislation, or to implement such grant or loan agreements. Any grant proceeds may be used to pay project costs or principal and interest on bonds, notes, obligations, temporary notes or interim funding obligations. (h) That the Mayor, the Board of Councilmen, the Water Pollution Control Authority, the Treasurer, 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, notes or obligations or obtain grants to finance the aforesaid appropriation.
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ADJOURNMENT #647 On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:06 p.m.
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ATTEST: JOSEPH L. QUARTIERO, CMC CITY CLERK |
Respectfully Submitted, Carol L. Anderson, CCTC Asst. City Clerk |
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