The Wethersfield Town Council held a meeting on Monday, March 17, 2008 at 7:30 p.m. in the Auditorium of the Silas Deane Middle School, 515 Silas Deane Highway, Wethersfield.
Present: Councilors Cascio, Console, Forrest, Hemmann, Kotkin, Roberts, Walsh, Deputy Mayor Montinieri, and Chairperson Adil.
Also present: Bonnie Therrien, Town Manager and Dolores G. Sassano, Town Clerk.
All stood for the pledge of allegiance to the flag which was led by Councilor Console.
Chairperson Adil presented a proclamation for Girl Scout week in Wethersfield.
Janet Vasel, Service Unit Manager - Wethersfield Girl Scouts, along with representatives of the Daisys, Brownies, and Juniors from Wethersfield Girl Scouts accepted the Proclamation and thanked the Town Council.
Bonnie Therrien, Town Manager, said that the Public Safety Committee met to discuss a lease purchase of a new aerial fire truck. The Committee approved the purchase and asked that the presentation be made to the full Council for its approval. Council Console, on a recent trip, found out that the Town could purchase two trucks for the price of a little more than one truck. The Fire Chief, Fire Deputies, Councilor Console and herself met and discussed this. She said that in Berlin, the Town went out to bond on four fire trucks at one time. There was a large cost savings in purchasing the trucks together. In the next ten years, the Town of Wethersfield will need four new trucks. She said that it would be prudent to bring the issue back to the Public Safety Committee for a discussion on bonding versus lease payment. She said that the Fire Department needs to purchase a new aerial truck. The Public Safety Committee will need to make a recommendation and bring it back to the full Council in April.
Councilor Roberts said that the Public Safety Committee needs to revisit the issue and see what is the best approach for the Town to take. She thanked the Fire Department leadership for all of the time that they have put into this issue.
Chairperson Adil said that the issue should be moved back to the Public Safety Committee.
Councilor Cascio echoed Councilor Robert's comments concerning the time and efforts that the Fire Department has put into this proposal. He said that that Fire Department researched the purchase of an aerial fire truck and made a presentation to the Public Safety Committee. He said that the Committee is looking out for what is best for the Town. He said that there are a lot of projects that the Town wants to bond. He doesn't want to see the Town get into financial problems that it can't get out of but he is also aware of the need to maintain public safety. He said that the final decision is up to the Town Council.
Councilor Console said that he obtained additional information that he will pass on to the Public Safety Committee.
Doug Shipman, Director of the Wethersfield Historical Society, thanked the Town Council for allowing him to speak tonight. He introduced Doreen Ciarcia, President of the Historical Society Board. He said that the Wethersfield Historical Society is hosting a Keeney Angels Thank You Gala for all of the people who helped with the renovation work to the Keeney Center after the fire. This preview will be Thursday, March 27, 2008 from 5:00 - 7:00 p.m.
Doreen Ciarcia, President of the Historical Society Board, said that she was thrilled with the support for the re-opening of the Keeney Center. Starting April 1st it will be open to the public. She encouraged residents to visit. She said that the 3rd Annual Taste of Wethersfield will be held on Saturday, April 12th and encouraged residents to attend that too. She said that on March 6th, she and Doug Shipman represented Wethersfield at one of Windsor's 375th Anniversary celebrations. She presented the Mayor with a proclataion (an official invitation in the form of a proclamation), invitation, and commemorative coin.
Doug Shipman, Director of the Wethersfield Historical Society, said that the Historical Society began in 1932 to help in the planning of Wethersfield's 300th Anniversary celebration. He said that the Historical Society is planning a large scale community project. It is having a Wethersfield book published by Acadia Printers. It will be available late 2008 or early 2009. The Society is also developing a large photograph exhibit, website and satellite exhibits. Some of the photographs will be from the Historical Society while others will be from local communities and groups. He said that the Society is working hard to reach out to the community for photographs.
Councilor Walsh thanked the Wethersfield Historical Society Board for their work on the restoration to the Keeney Center. He encouraged the public to attend the April 12th Taste of Wethersfield event at the Keeney Center. He thanked Doug Shipman for his work on the 375th Anniversary committee.
Councilor Walsh moved "TO TAKE OFF THE TABLE ITEMS C.2.A. - APPOINTMENT OF TOWN ATTORNEY AND C.2.B. - REPEAL OF ARTICLE XV - CITIZEN'S ADVISORY CONSERVATION COMMITTEE" seconded by Deputy Mayor Montinieri.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
RESOLUTION - CHAIRMANSHIP OF THE MDC
Robert Young, 20 Coppermill Road, said that this resolution is the correct way to go. There are serious ethic and legal charges against Mr. DiBella. Mr. DiBella should step aside from his position. He encouraged Council to send a message of no confidence.
Harry Litchenbaum, 60 Towne House Lane, said that this is a political witch hunt motivated by the Mayor of Newington. He urged the Town Council to reject this resolution.
Barbara Ruhe, 79 Main Street, said that Mr. DiBella has a long career in public service. He indicated that if he was found guilty of the charges against him, he would resign from the MDC Board so as not to detract from the Board. He didn't live up to his decision. She said that a vote of no confidence is saying Mr. DiBella, it is time to retire. She said that the Town Council needs to do this.
Donna Hemmann, 315 Garden Street, said that this is not about Mr. DiBella's ability to do his job, but about his character. The judge on his case even said that Mr. DiBella committed fraud and deceit of regulatory requirements. This resolution supports good government.
Edward Teval, 894 Ridge Road, said that many people think that Mr. DiBella did something wrong. He is heading an agency that will spend $2,000,000,000. He said that this is critical.
John Miller, 45 Highland Street, said that there is a long standing personal feud between the Mayor of Newington and Mr. DiBella. He said that this isn't the business of Wethersfield. He said that the resolution is flawed, too. The Town Council is not expressing the opinion of the townspeople. Mr. DiBella was a good friend of Wethersfield in the past. For the Town to step in now is wrong. He suggested tabling the resolution and never looking at it again.
John Miller, 45 Highland Street, said that there is a bill in the legislature to establish a 100 foot buffer at the high water mark of all rivers in Connecticut. He asked the Town Council to picture the Connecticut River and then go 100 feet from the high water mark. All of the Silas Deane Highway would be in this zone. It would wipe out all expansions to businesses on the Silas Deane Highway and in Old Wethersfield. Wethersfield should oppose this legislation.
Robert Young, 20 Coppermill Road, said that he thought that he would hear the Board of Education's budget presentation tonight. He said that going into the Budget Session, citizens are concerned about being hammered by high taxes. The proposed School Budget is showing an 8 percent increase. The Superintendent of Schools doesn't care about taxes in Town as, he lives in New York. He said that the Federal Government and State are issuing rebates this year. He said the Town should join the parade.
Ken Sokolowski, 79 Main Street, said that he enjoyed the Town Council packet with attachments that was available this week on-line. He said that all Board and Commissions should have their materials available on-line. He said that twice, the Redevelopment Agency cancelled meetings. This information was not available on-line. The Town should use its technology better.
Councilor Forrest said that the Conservation Commission met to discuss the Beaver Brook Linear Park proposal. The Green Summit was held last week. There was great attendance. He said that he will have a report for Council after the budget session. The report will also be posted on line as well. He thanked the Town Council for its support of the Green Summit.
Councilor Walsh said that the Redevelopment Agency met on March 5th and discussed the information session that will be held in May and June. He encourages public participation. He said that the overlay zone is still with the Planning and Zoning Commission. He apologized for the Agency's meetings being cancelled. He said that he will try to have meeting cancellations posted on line.
Councilor Roberts said that she wanted to clarify Mr. Young's earlier comments about a meeting with the Board of Education. The Board of Education did not present its budget to the Town Council on Friday. The Town Council will meet with the Board of Education for that purpose on Wednesday.
Councilor Kotkin said that that Budget Committee met to discuss the Town Attorney's appointment. He said that the Insurance Committee will meet tomorrow night. He has been told that claims are continuing to rise. The Board of Education claims are about $400,000. He said that the high claims are not good for this claims year or next year. He said that the Green Summit was great. He thanked Councilor Forrest for running it well.
Chairperson Adil said that:
Councilor Hemmann moved "TO APPROVE THE RESOLUTION - CHAIRMANSHIP OF THE METROPOLITAN DISTRICT COMMISSION (MDC)" seconded by Councilor Cascio.
Councilor Cascio said that he seconded the motion for communication and conversation.
Councilor Kotkin said that he had to recuse himself from this item because Mr. DiBella is a registered lobbyist working on behalf of his employer.
Deputy Mayor Montinieri said that he had to recuse himself from this item because his company has pending work with the MDC.
Councilor Kotkin and Deputy Mayor Montinieri left the room.
Councilor Roberts speaking against this Resolution, said that the Wethersfield Town Council has no authority in this matter. The judge presiding over Mr. DiBella's legal case did not rule that Mr. DiBella could not hold a public position. She said that the Town Council has no jurisdiction over this matter. This is only feel good legislation.
Councilor Hemmann said that this is the right thing to do, to speak about good government. The MDC is undergoing a $2,000,000,000 project that involves its member towns. For the sake of the member Towns, this is the time to speak out about this.
Councilor Console said that this matter has already been resolved by the MDC Board. It is not the Town's right. The Town Council should be worrying about Wethersfield's Town government.
Councilor Forrest asked Councilor Hemmann how the MDC Board determines it leadership.
Councilor Hemmann said that the MDC Board votes on its Chairman.
Councilor Forrest asked Councilor Hemmann how long she has been on that Board.
Councilor Hemmann said that she has been on the Board for a year.
Councilor Forrest asked Councilor Hemmann if she was bringing this forward because she didn't like the outcome of the MDC Board meeting.
Councilor Hemmann said that this is a result of the final judgment by Judge Burns on Mr. DiBella's criminal case.
Councilor Forrest asked Councilor Hemmann if she brought this resolution forward because of the verdict. Why did she vote no to the Chairmanship back in January?
Councilor Cascio said this line of questioning is out of order.
Councilor Forrest said that this is talking about good government.
Councilor Console asked Councilor Forrest to stop badgering Councilor Hemmann.
Councilor Forrest said that the Town Council needs to take its time with this issue. It needs background information as to why this issue is before the Town Council. He said that this issue will be used for future political gain. The Town Council has no jurisdiction on this matter. This resolution was brought about because of political parties. The Town Council has no direct vote on who becomes the MDC Chairman. Councilor Hemmann had the opportunity to bring this to the MDC Board. He said that this is not good government to bring this issue to the Town Council. The Town Council would need to hold hearings and have proceedings before it was able to make a thoughtful decision to make a vote. He said he will abstain on this vote. He said that there are avenues to iron this out and that is why his line of questioning was appropriate.
Councilor Console said that Councilor Hemmann has a right to bring this resolution to the Town Council. The Town Councilors can make their position know by the way they vote on the resolution. He said that this is not a courtroom and Town Councilors should not be badgered. The vote will send the message.
Councilor Walsh said that this has been called many things tonight; one being a witch hunt. He said that there has been a lot of e-mailing back and forth about this. The resolution may have been moved as spite which detracts from the high mindedness of it. He said that a witch hunt is making a scapegoat of an innocent person. He said that Mr. DiBella is a public servant who has used his position for personal gain. This is an impropriety of his position. He said because of the project underway by the MDC, he hopes that Mr. DiBella will step aside. He said that he supports this resolution.
Chairperson Adil said that this is a difficult resolution. His primary concern is to manage the concerns of the townspeople. Wethersfield is working with the MDC on the enormous challenges that face the project. He said the Town can't pass judgment on this matter and he hopes it doesn't impact the project. The MDC Board has conducted a detailed examination of this matter. It is outside the Town Council's purview. He said that this resolution does not rise to the established high standards of this Council. There is indisputable evidence that this resolution was drafted to make for decisive politics. This is contrary to good government.
A roll call vote was taken. Councilors Hemmann and Walsh voted AYE. Councilor Console voted NAY. Councilors Cascio, Forrest, Roberts, and Chairperson Adil abstained. The motion failed 2-1-4.
Councilor Kotkin and Deputy Mayor Montinieri returned.
Councilor Kotkin moved "TO APPOINT ROME AND MCGUIGAN AS TOWN ATTORNEY FOR A TERM FROM DECEMBER 2007 TO DECEMBER 2009" seconded by Councilor Console.
Councilor Kotkin said that the Budget and Finance Committee met and interviewed three firms to fill the Town Attorney appointment from December 2007 to December 2009. The Committee spoke to each firm for half an hour. The Committee voted unanimously, 4-0, in favor of reappointing Rome and McGuigan. They have done a good job representing the Town. They are responsive and have saved the Town money in litigation. When looking at the bids, Rome and McGuigan came in below the other bids for Attorney costs and a little above for paralegal costs. They also have more experience as Town Attorneys, too.
Councilor Console said that all three firms are good in their own ways. Rome and McGuigan is doing a good job for the Town, and there is no reason to change now.
Councilor Walsh said that it was a well structured meeting. All four of the Committee members endorsed Rome and McGuigan. They are easily accessible to the Town and are handling many cases for the Town.
Chairperson Adil said that he was pleased by the Committee's decision. Attorneys Bradley and Borea have served the Town well. He expressed his support of this motion.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
Councilor Forrest moved "TO DISAPPROVE THE REPEAL OF ARTICLE XV - CITIZEN'S ENERGY CONSERVATION ADVISORY COMMITTEE" seconded by Councilor Roberts.
Bonnie Therrien, Town Manager, said that this Ordinance was drafted in the 1970's to study energy conservation and make recommendations to the Town Council. She said that she spoke to the liaison to the Clean Energy Committee and asked if Committee members felt they could take on the responsibilities of the defunct Advisory Committee. The Committee members felt that at this time they could not take on the added responsibility. She recommended that the Ordinance be reworked and brought back to Council to reestablish the Committee.
Councilor Forrest said that the Steering Committee for the Green Summit would like to see the Citizen's Energy Advisory Committee reestablished, with some changes, to implement the plans of the Green Summit.
Chairperson Adil said that, with the positive response to the Green Summit, he would endorse this motion.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
Councilor Forrest moved "TO REFER BEAVER BROOK LINEAR PARK TO THE CONSERVATION COMMISSION FOR REVIEW OF AND UPDATES TO THE EXISTING BEAVER BROOK LINEAR PARK STUDY AND FOR RECOMMENDATIONS AS TO THE FEASIBILITY OF THE PARK AND NEXT STEPS TO BE MADE BACK TO THE COUNCIL BY THE END OF APRIL" seconded by Councilor Roberts.
Bonnie Therrien, Town Manager, said that the Mayor requested that this project be added to the Town Council's list of projects. A study was conducted in the 1960's and 1970's and nothing was done after the study. In 2006, the Fuss and O'Neil study also mentioned the Beaver Brook study in conjunction with the Silas Deane Highway project.
Councilor Hemmann said that she would like this review to also include what it would take to clean up the brook of overgrowth and debris and how to do it.
Chairperson Adil said that this recommendation came about in part because of the 1260 Silas Deane Highway parking lot project. This area needs to be addressed.
Councilor Hemmann said that the brook along Nott Street is also very bad.
Councilor Forrest said that the Beaver Brook is fraught with pollution and dumping. All of the observations that were made by the Councilors will be brought to the Conservation Commission. The Commission will make a recommendation to the Town Council in April.
Chairperson Adil asked that the Town Councilors forwards questions or concerns to the Town Manager as soon as possible.
Councilor Console said that he lives on Ivy Lane. The brook by his property has been cleaned up with little cost.
Chairperson Adil said that he supports this motion. It is critical to the success of the Silas Deane Highway and acts as a buffer to Old Wethersfield.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
Deputy Mayor Montinieri moved "TO APPROVE THE SALE OF TAX LIENS FOR 898 SILAS DEANE HIGHWAY TO KIRWIN LLC (PELTON'S) FOR THE TAX YEARS OF 2004/2005/2006" seconded by Councilor Roberts.
Bonnie Therrien, Town Manager, said that in June 2007, representatives of Pelton's were at a Town Council meeting looking to purchase the Porch and Patio property. The Town Council agreed in concept to a façade loan, tax incentive package and the sale of the tax liens. State Statutes allow the Town to sell the tax liens. The liens are $11,058 for 2004, $21,522 for 2005, and $17,874 for 2005. Pelton's has closed on the property. Building permits have been issued on the work and a certificate of occupancy will be issued tomorrow, if this tax lien sale moves forward. She said that Neil Allen and Stan Brooks from Pelton's are at the meeting to answer any questions. The value of the property is $1,190,000.
Councilor Kotkin said that the façade grant for $50,000 will be forgiven after ten years. He asked if inside of the 10 years, does some of the money come back to the Town?
Bonnie Therrien, Town Manager said that the grant is prorated.
Councilor Kotkin said that the tax lien is being brought to the Town Council tonight because the work on the property is completed. He said that the Town will receive no revenue on the property for 2004, 2005, and 2006. The Town will receive 1/2 of the taxes for 2007.
Bonnie Therrien, Town Manager, said that is correct.
Councilor Kotkin said that the Town has not received tax revenues in the last few years. The Town will get about 50 percent for the next three years. In the fourth year, the Town will receive 100 percent of the taxes. He asked how many employees this would bring to the Town.
Bonnie Therrien, Town Manager, said that Pelton's will bring in 30 jobs, about 10 new jobs to Wethersfield.
Councilor Kotkin said that this is a good package. The alternative is the Town receiving no revenue and having a vacant business. He welcomes the additional employment.
Deputy Mayor Montinieri said that Pelton's is a well respected member of the community. This business poses less risk than other types of business that are coming into Town. This conveys the message to other businesses of meaningful, thoughtful work from the Town. This is a good incentive package that is addressing the vacancies on the Silas Deane Highway. He said that he supports this motion.
Chairperson Adil said that he endorses this motion. He said that Pelton's provides a service that is needed by the Town's residents. He said keeping services in Town is laudable.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
Councilor Kotkin moved "TO AWARD THE CONTRACT FOR PENSION CONSULTING SERVICES TO PRUDENTIAL INVESTMENT SERVICES, LLC IN ACCORDANCE WITH THE SPECIFICATIONS IN THE REQUEST FOR PROPOSALS" seconded by Deputy Mayor Montinieri.
Bonnie Therrien, Town Manager, said that the Town worked for many years without looking at the pension services. The Town went out to bid on the service and received ten responses. The Pension Committee narrowed the field down to five firms and interviewed them and selected two firms. Lisa Hancock, Finance Director, spent hours getting together accurate comparisons of the two firms. It was a comprehensive process. After much deliberation, the Committee recommended moving to Prudential Investment Services, LLC.
In response to Councilor Kotkin's questions, Lisa Hancock, Finance Director, said that the comparison was for the class of investment. It is not for the same funds that are in the current portfolio. Both firms had the same classes for the comparative analysis, based on the company they recommended within the given class. A good asset liability study will be done through the actuary. There will be a risk analysis and liability study performed, too. The portfolio will be created and the funds switched. She introduced Carl Wagner, of Prudential and Christopher Kachmar, of FIA Services.
Carl Wagner said that Prudential will work with an independent third party, FIA Services. The timing on switching funds is very quick. Once funds are liquidated, new funds will be acquired the same day.
Lisa Hancock, Finance Director, said that Wachovia's fees for the Town now are about $400,000. This contract will save the Town $200,000.
Carl Wagner said that the Town will pay its fee to Prudential for services and then Prudential will pay FIA Services for its work.
Chairperson Adil said that the fee also includes a $20,000 rebate for actuarial fees.
Deputy Mayor Montinieri asked how long the Town has had this fund group and why it decided to go out to bid.
Lisa Hancock, Finance Director, said that it has been about 16 years before the Pension Committee went out to bid.
Bonnie Therrien, Town Manager, said that the Pension Committee has been talking about going out to bid for this service for about five years and it never seemed to be the right time.
Deputy Mayor Montinieri said that the analysis took a lot of time, but will save the Town $200,000 in consulting fees by switching the fund managers.
Bonnie Therrien, Town Manager, said that the Town will continue to contribute to the Town pension. In the future, there may be a cost savings associated with this change.
Councilor Console said that it is a good practice to go out to bid every three years for this service. It keeps everyone sharp.
Deputy Mayor Montinieri asked if the fees were a set percentage or if the percentage would increase.
Lisa Hancock, Finance Director, said that the fees are a fixed percentage. .57 is the fee; it doesn't change.
Chairperson Adil said that the fee will go down if the funds go down. It is their best interest to keep the funds strong. He said that he applauds the efforts of the Town Manager, Finance Director, and the Pension Committee. He said that Wachovia did a good job for the Town. He said that he looks forward to working with Prudential.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
Councilor Walsh moved "TO AWARD TRAFFIC LINE PAINTING SERVICES TO ATLANTIC PAVEMENT MARKINGS FOR THE AMOUNT OF $31,287 FOR FISCAL YEAR 2008-2009" seconded by Councilor Hemmann.
Bonnie Therrien, Town Manager, said that this is a Capital Region Council of Government (CRCOG) bid. Four bids were received. The Town will paint as many lines as the allotted amount allows.
Chairperson Adil asked where the firm was from.
Bonnie Therrien, Town Manager, said that she didn't know but would find out and put it in the Management Report.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
ORDINANCE REPEALING SECTION 149-13. ABATEMENT FOR MITCHELL SCHOOL ASSOCIATES LIMITED PARTNERSHIP
BE IT ORDAINED THAT Part II General Legislation of the Municipal Code of the Town of Wethersfield, Connecticut is hereby amended by repealing the following:
149-13. ABATEMENT FOR MITCHELL SCHOOL ASSOCIATES LIMITED PARTNERSHIP. [AMENDED 9-4-1990]
Councilor Cascio moved "TO APPROVE THE SPECIAL MEETING MINUTES OF MARCH 3, 2008" seconded by Councilor Kotkin.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
Councilor Cascio moved "TO APPROVE THE REGULAR MEETING MINUTES OF MARCH 3, 2008" seconded by Councilor Roberts.
All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0.
At 9:35 p.m., Councilor Kotkin moved "TO ENTER EXECUTIVE SESSION TO DISCUSS UNION NEGOTIATIONS AND REAL ESTATE NEGOTIATIONS" seconded by Deputy Mayor Montinieri. Bonnie Therrien, Town Manager, Melissa Spears and Lisa Bassani of the Trust for Public Land were present during the real estate portion of the executive session. All Councilors present, including the Chairperson voted AYE. The motion passed 9-0-0. Melissa Spears and Lisa Bassani left the Executive Session at 9:52 p.m. Councilor Kotkin left Executive Session at 9:54 p.m. At 10:09 p.m., Councilor Forrest moved "TO LEAVE EXECUTIVE SESSION" seconded by Councilor Cascio. All Councilors present, including the Chairperson voted AYE. The motion passed 8-0-0.
At 10:09 p.m., Councilor Cascio moved "TO ADJOURN THE MEETING" seconded by Councilor Hemmann. All Councilors present, including the Chairperson voted AYE. The motion passed 8-0-0.
Dolores G. Sassano
Town Clerk
Approved by vote of Council April 7, 2008