September 27, 2006
The Town Council Special Meeting was called to order by Joseph Commendatore, Chair at 8:08 p.m.
Members Present: Joseph Commendatore, Robert Doyon, Theresa Graveline, Douglas Merriman, Dominick Mirabelle, & Dominic Moschella.
Members Absent: Patricia Geary, Frederick Harkins, and Roger Kergaravat
Motion made by D. Mirabelle to table Action on the Intermunicipal Agreement to the October 3rd meeting. Motion seconded by D. Moschella.
Chairman Commendatore stated that most of the discussion was recorded at the Public Hearing. Many good questions were raised tonight at the Public Hearing and they would like to get answers to them before any further negotiations.
T. Graveline asked Atty. John Knott on page 4 in the 3rd paragraph about the term “the then current owner of the fee of the property”. T. Graveline would like to know who “the then current owner of the fee of the property” is. Atty. Knot stated that assuming we end up with an agreement, Toll Brothers buys the property and it is going to be purchased by an entity known as Toll Connecticut Unlimited which is still part of Toll Brothers Inc. The owner of the “fee” and the owner of the property are the same. T. Graveline asked about the last paragraph on page 4 and why Waterbury has to have in writing the responsibility to transfer permits to other departments in Waterbury. Atty. Knott stated that the engineering department wants to make sure they are not left out of the review. T. Graveline also asked about page 6, the $460,000.00 being paid as a one time payment and whether or not that is objectionable to Toll Brothers. Atty. Knott stated that they are in agreement for that payment. T. Graveline asked about page 8 #12, she wanted clarification. Atty. Knott stated that the Office of Policy and Management is the state agency that manages controls and has the duty to enforce the conservation and management policies and map.
D. Merriman stated that we meet October 3rd and asked what Atty. Knott foresees as changes in this agreement by then. Atty. Knott stated that even if the $2750.00 is agreed to a proposal will be sent to Waterbury, that a payment will be paid as each unit is finished and then Waterbury will discuss and determine whether or not they will agree on that. If they don’t then Waterbury will receive over one million dollars upfront. This is one of the issues that are outstanding. Chairman Commendatore stated that he personally will have a big problem voting on this issue unless this is all finalized and seeing how things have gone over the last 6 months he’s not sure this will be resolved in time. Chairman Commendatore asked what the procedure is to get an extension on the 15 days. Atty. Knott stated that it is a City of Waterbury ordinance. The town would have to propose an amendment which would go to the Board of Alderman and more time will be added on. If you go beyond the set time limits you start all over again.
D. Mirabelle asked if Atty. Knott can highlight any changes before submitting a revised resolution to the Town Council. Atty. Knott stated that he is under time constraints but he can try to have them noted in some fashion. Chairman Commendatore can take notes and pass them on to the Council. Atty. Knott stated that there is a resolution that has been prepared to give WPCA permission to act and make very minor changes such as typos etc.
Motion unanimous.
Motion by D. Merriman to adjourn at 8:22 p.m. Motion seconded by T. Graveline.
Motion unanimous.
________________________________Joseph F. Commendatore, Chair