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Stewart immediately referred the matter to Corporation Counsel Gennaro Bizzarro, later calling it a "legal matter."
The petition seeks answers on Oct. 22 to five questions:
How was the contract issued? Were there any bond requirements of the contractor? How were his qualifications determined? Was there any offset in price from the old fencing?
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Bizzarro and Stewart would not comment on the matter after the meeting.
City officials, who did not wish to be quoted, confirmed that Parks and Recreation employees have been told they might have to finish installation of the fence.
The contractor had already been given $79,000 in advance for materials out of a $99,000 contract. But only a tiny stretch of the perimeter of the fence has been completed.
Alderman Phil Sherwood, one of the authors of the petition, along with fellow aldermen Tonilynn Collins, Adam Platosz and Larry Hermanowski, said after the meeting, "We got burned. We want to know how it happened."
Answers are expected in future council meetings.
Contractor Pat DiChello of Martello III LLC could not be reached for comment.
Parks and Recreation Director Bill DeMaio confirmed that he had discovered some of the posts were not anchored properly in concrete - the original specifications called for a steel fence with footings more than 36 inches in the ground. But the city wound up with an aluminum look-alike.
DeMaio said he would require that some of the work be done over, but said what he would like more than anything would be to have the project completed.
The work was to have begun in March.
City officials pressured the contractor last month to get on with the project.
The original fence had been torn down and sold for scrap, a move that appalled some.
Many have questioned the wisdom of the city's replacement of the old fence, which had been rammed by cars over the years, welded and replaced, over and over again.
"I consider the removal of that fence the plundering of an artifact," said Republican Nick Paonessa, a candidate for 26th District state representative.
Democratic Common Council majority leader Michael Trueworthy acknowledged there was "historical significance to the Fairview Cemetery."
DiChello said last month that he had trouble getting the materials delivered, blaming a close-knit family of tradesmen and suppliers of fencing - to which he does not belong - that forced him to go through a distributor on the West Coast even though the manufacturer is in Hamden.
He said he had problems with tree roots, which complicated the footings, and a gas line, which required that dirt that be hand-dug in several areas, DiChello said.
He has subcontracted the work to Alec Ray, of Ray's Construction of Southington.
DiChello said he got around $5,000 for the old fence, which was sold for scrap at 3 cents a pound. But it cost him nearly $3,500 to move it off-site earlier this year, he said.
In other council business, the panel approved more than $800,000 in state and federal grant money to the police department for various purposes.
Before the meeting, during the public comment period, the biggest issue was feral cats.
The city has funded the Animal Alliance Welfare League to the tune of $3,500 - not enough, according to volunteers who told horror stories of cats running wild and being burned with acid.
They are necessary to the environment because they kill vermin, but in mass numbers the cats wreak havoc.
One girl was bitten by a rabid cat in Torrington, one speaker said.
After public comment, Stewart spoke briefly with those testifying and said he would try to find space at the city's dog pound.
The city could have shared resources with neighboring Berlin, he said.
"The chief is well aware of the issue," Stewart said of Police Chief William Gagliardi.
To donate to the cause of spaying and neutering feral cats in New Britain, donations may be sent to Animal Alliance Welfare League P.O. Box 1775, New Britain, CT 06050.
The meeting will be telecast on Channel 21 on Wednesday and Oct. 17.
Laurence Washington contributed to this report. Rick Guinness can be reached at rguinness@newbritainherald.com or by calling (860) 225-4601, ext. 236.
