MINUTES
BOARD OF PUBLIC SAFETY
MAY 9, 2007
A REGULAR MEETING of the Board of Public Safety was held on Wednesday, May 9, 2007, in the Council Chambers.
Those in attendance included Mayor Ryan J. Bingham, members of the Board of Public Safety Christopher H. Cook, Richard L. Zaharek, Douglas J. Benedetto, James E. Potter, Michael Colangelo, and Robert C. Zordan, Corporation Counsel Ernestine Yuille Weaver, Police Chief Robert Milano, Deputy Police Chief Michael Maniago, Traffic Officer Robert Shopey, Fire Chief John Field, Deputy Fire Chief Jaye Giampaolo, Director of Operations at Campion Ambulance Fred Rosa, Drakeville Volunteer Fire Chief Michael Maccalous, and representative from Torringford Volunteer Fire Department, Charlie Marciano. Emergency Management Coordinator Thomas Vannini, and Burrville Volunteer Fire Chief Roger Rougeot were absent.
Mayor Bingham called the meeting to order at 7:47 p.m. immediately following
a meeting of the Board of Trustees of the Police & Firemens’ Pension Fund.
MINUTES #1600
On a motion by Commissioner Cook, seconded by Commissioner Zaharek, the board, with the exception of Commissioner Colangelo who abstained, voted to accept the minutes of the special meeting held March 29, 2007 on the Master Plan.
On a motion by Commissioner Cook, seconded by Commissioner Zaharek, the board voted unanimously to accept the minutes of the special meeting held April 9, 2007 on budgets.
On a motion by Commissioner Cook, seconded by Commissioner Zaharek, the board voted unanimously to accept the minutes of the special joint meeting with the City Council held April 9, 2007 on budgets.
On a motion by Commissioner Cook, seconded by Commissioner Zaharek, the board, with the exception of Commissioner Zordan who abstained, voted to accept the minutes of the regular meeting held April 11, 2007.
OPEN TO THE PUBLIC #1630
On a motion by Commissioner Benedetto, seconded by Commissioner Colangelo, the board voted unanimously to open the meeting to the public.
Marty Marola asked the board to reconsider prohibiting tractor trailers on Travis Street. He noted that the board’s vote put him out of business.
Commissioner Potter said that Mr. Marola spoke to him, as well as to Officer Shopey and Chief Milano, and it turns out that the complaint about tractor trailers came from someone who lives on a neighboring street as opposed to someone who lives on Travis Street, and the issue about the trucks isn’t as big as they thought it was during last month’s meeting.
Mr. Marola indicated that the street is straight and flat and the problem originated when a truck driver decided to back down the street and ran over a stop sign.
Officer Shopey said he escorted several tractor trailers that were able to turn around without a problem. At this point he didn’t see a problem and there was no reason why Travis Street should be prohibited from tractor trailers. He did not put the item on the agenda because residents of Travis Street have brought forward other issues and he felt it was better to incorporate all issues during the June meeting.
Officer Shopey indicated that Mr. Marola was very willing to speak to the neighbors to resolve any problems. Officer Shopey said he also met with people from Litco where he was informed that their trucks are being escorted into the area and it appears that there are no problems.
William Connole, owner of Connole Building & Remodeling, Torringford East Street, stated he opposed work done at the Northend Firehouse by firefighters and wanted to know what this board will do about it.
Commissioner Cook said the Personnel Committee of the Fire Department held a meeting in regard to this matter, and the bottom line is that they didn’t believe the work was intentional, but rather an emergency due to the automobile that crashed into the firehouse. Not knowing it was going to be any extraordinary cost, the qualified workers moved forward and performed those duties. He didn’t believe it would be something done on an regular basis.
Mr. Connole indicated that the permits taken out were for $23,000.00, and the City Charter specifies anything more than $10,000.00 must have a sealed bid. He said the exact same thing happened to him ten years ago when he placed a bid on the kitchen remodeling. He said he received a letter from the City of Torrington thanking him for his bid, and although he was the low bidder, the city had the right to refuse his bid and awarded it to the Fire Department. In effect, the Board of Public Safety used his bid to keep the Fire Department in line with their bid. He felt that practice should be stopped.
Commissioner Cook indicated that the board will discuss the matter under Chief Field’s report.
Bill Borla, 82 McKinley Street, said he had a different take on the tractor trailer issue on Travis Street. He encountered a tractor trailer blocking vehicles on Belleview and Travis Streets while he went back and forth at least five times. He reported that Litco is renting a warehouse from Turner and Seymour and using tractor trailers, and that they were trying to put an access road to allow the trucks to go on South Grandview Avenue and come out McKinley Street, affecting two more streets. He stated that Litco should use their own trucks as opposed to tractor trailer trucks because local streets cannot accommodate tractor trailers. He noted that Officer Shopey wrote a good report originally, and that he should stick with it. He said the residents were proud of their neighborhood, and
it was his opinion that tractor trailers did not belong in the area.
Paula Hackett, 74 McKinley Street, said Officer Shopey told her that Mr. Marola’s goal was to open up a driveway, however, the matter was brought before the Planning & Zoning Commission where he was told he could no longer work on the driveway. He was also encroaching a stream, which was in violation of the Inland Wetlands Commission. At that meeting, Mr. Marola dropped the matter and said he was not going to continue working on the driveway. Apparently, he changed his mind, probably because the neighbors were asking for a sign to prohibit tractor trailers on Travis Street. Ms. Hackett indicated, that originally the tractor trailers were supposed to report to the Litco Oak Avenue facility, off load the merchandise onto smaller trucks, and use the smaller trucks to bring the
merchandise to the warehouse.
In addition, Ms. Hackett indicated that the life span of the Belleview Avenue bridge, whose prestress deck was reconstructed in 1989, will be shortened with more traffic. Tractor trailer traffic could also ruin the old pipes, drains, and catch basins in the area, and school buses have trouble making the corners.
She asked Officer Shopey to schedule a demonstration with Mr. Marola. It was her belief that his intention was to finish the other driveway. In the event the matter reverts back to Planning & Zoning, she asked Officer Shopey to offer his input during the required public hearing.
Melody Presbie, 39 Dartmouth Street, reported that speed limit signs on Dartmouth were removed because they were installed incorrectly twenty plus years ago. She stated that people drive too fast and they can’t get any enforcement because there are no signs.
Officer Shopey noted that the signs were removed because no permit was ever issued by the State Traffic Commissioner. An application his since been submitted to get the street properly posted. Patrol has been monitoring the area and taking enforcement action. Officer Shopey spoke with some of the neighbors in the area, including Elsie and Joseph Streets. The patrol from the high school and Oliver Wolcott have been there every morning stopping cars. The trailer will be installed as a deterrent to speeders. Officer Shopey will check to see if signs on nearby streets could have also been installed without a permit.
EXECUTIVE SESSION #3050
On a motion by Commissioner Benedetto, seconded by Commissioner Potter, the board voted unanimously to go into an executive session under Personnel, Police Department at 8:18 p.m. to discuss the promotion of Police Detective. Chief Milano and Deputy Chief Maniago were invited to attend.
OPEN SESSION #3080
On a motion by Commissioner Colangelo, seconded by Commissioner Cook, the board voted unanimously to reconvene to open sessions at 8:35 p.m.
PROMOTE POLICE DETECTIVE #3090
On a motion by Commissioner Benedetto, seconded by Commissioner Zaharek, the board voted unanimously to promote Officer James Crean to Police Detective effective immediately. The swearing-in will take place at a later date.
HIRE QUINN SULLIVAN #3170
On a motion by Commissioner Benedetto, seconded by Commissioner Zaharek, the board voted unanimously to hire Quinn Sullivan as a probationary officer for the Torrington Police Department.
CHIEF MILANO’S REPORT #3225
On a motion by Commissioner Benedetto, seconded by Commissioner Potter, the board voted unanimously to accept Chief Milano’s Report for April 2007.
PARKING ON HARWINTON AVENUE #3240
On a motion by Commissioner Benedetto, seconded by Commissioner Zaharek, a discussion took place in regard to Officer Shopey’s recommendation to allow parking on the west side of Harwinton Avenue, from a point approximately 87 feet from the Route 8 Exit 43 exit ramp, northerly for a distance of approximately 60 feet.
Commissioner Potter asked Officer Shopey to explain how he came up with 87 feet as opposed to the statutory requirement of 25 feet at intersections.
Officer Shopey explained that the board’s vote in March to post the east edge of Harwinton Avenue as “No Parking” for a distance of 25 feet on each side of the Mountain Ridge egress created a hardship for some of the residents in the area. In order to accommodate them, he’s attempting to create parking spaces on the opposite side of the street. Beyond the 87 feet are mailboxes and then state property.
Commissioner Potter noted that they may get complaints from those who live across from the mailboxes. He didn’t want to be put in a position to have to come back and change their vote.
Officer Shopey said he made it clear to all the neighbors that the additional parking will be available for everyone.
MOTION TO TABLE #3415
On a motion by Commissioner Potter, seconded by Commissioner Zaharek, the board voted unanimously to table the recommendation to allow parking on the west side of Harwinton Avenue from a point approximately 87 feet from the Route 8 Exit 43 exit ramp, northerly for a distance of approximately 60 feet.
COMMUNICATION REPORT #3515
On a motion by Commissioner Colangelo, seconded by Commissioner Benedetto, the board voted unanimously to accept Officer Shopey’s Monthly Communication Report for April 2007.
The commissioners asked Officer Shopey if the boot was being used.
Officer Shopey reported that they ran into computer software problems, but are now caught up and letters have been sent out. He is waiting for the software company to develop the software to transfer the information to the Motor Vehicle Department. He will report to the board next month on how much the city is owed in parking tickets.
Commissioner Potter noted the high number of infractions on Torringford East.
Officer Shopey didn’t think it was unusually high. He said they included infractions given out by State Police who did the enforcement on the New Hartford side as well as city enforcement. The State Police and New Hartford have expressed interest in teaming up with Torrington on a more frequent basis.
Commissioner Benedetto asked if there was any kind of enforcement for dump trucks going in and out of the Target development, and if it was possible to have a police officer on duty to oversee the trucks entering and exiting the development. He said people were complaining about the trucks blowing dirt everywhere.
Officer Shopey said he is planning on taking enforcement action next week, and that he will meet with Target officials to see about having a police officer on duty to accommodate the trucks entering and exiting.
In regard to tractor trailer parking on Hillendale, Officer Shopey reported that the person who created the issue has moved out so there is no longer an issue.
HOLLFELDER COMPANY, LLC #110
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, the board voted unanimously to accept the recommendations from the Purchasing Agent and the City’s architect on this project, O’Riordan and Migani Assoc., to award the bid entitled “Torrington Police Facility Exterior Masonry Restoration” to the low bidder, Hollfelder Company, LLC for $212,100.00, and referred it to the Board of Finance.
FIRE CHIEF FIELD’S REPORT #130
On a motion by Commissioner Potter, seconded by Commissioner Benedetto, a discussion took place in regard to Fire Chief Field’s Report for April 2007.
In regard to Mr. Connole’s allegations, Commissioner Cook noted that the initial work at the Northend Fire House was supposed to be $10,000.00; however, it exceeded that amount. In the seven years that he’s been a member of the board, he’s never seen the Fire Department undertake a project of this magnitude. He had expressed his concern in the past about liability in the event a city employee was hurt during the renovation project.
Chief Field noted that he sent a response letter to Mayor Bingham and board members. In regard to Mr. Connole’s allegation that the project was abusing the City Charter and a blatant use of city employees to perform construction work, he asked Corp. Counsel Weaver to look into this issue and she stated that there was no violation of the City Charter. Additionally, the practice of utilizing firefighters to do projects like this, but perhaps not of this magnitude, has existed for years.
In regard to the permit for $23,000.00, Chief Field said he was totally honest in saying that the permit was issued after the project started, when he was instructed to do so by the Building Official. The permit was taken at the high end to make sure it covered the entire project. They never expected the materials to cost more than $10,000.00 when planning the job. Demolition revealed several issues that needed to be addressed. The facility was upgraded with commercial plumbing that was more accommodating to the facility, including the addition of a bathroom to accommodate future female firefighters.
Chief Field indicated that Kennedy Electric was hired to do the electrical work and was paid $3,363.64 for their work, contrary to Mr. Connole’s allegations that Kennedy Electric provided their license for the electrical work to be done by firefighters.
Chief Field acknowledged that the city was liable for any injury or damage incurred during this renovation. They have yet to incur any such costs in any of the projects performed in the past. In terms of compensatory time, firefighters are only allowed to accumulate fifty hours at one time. Anything over fifty hours has to be paid out.
In regard to Mr. Connole’s request not to eliminate any local contractors from the bidding process, Chief Field said they have gone out of their way to favor local contractors whenever they could.
With respect to Mr. Connole’s request to initiate a Charter amendment, that no city employee shall engage in city work, other than what they were hired to do as specified in their job description, Chief Field noted; that the Union is very strict on what their members can do and the performance of work outside their job description requires negotiations with the union.
With respect Mr. Connole’s request to eliminate comp. time, Chief Field indicated that comp. time is part of the bargaining agreement and has been in practice for many years.
With respect to Mr. Connole’s request to eliminate favoritism and conflict of interest, Chief Field indicated that there was none. Their intent was to save the taxpayer money.
In regard to Mr. Connole’s request to enforce penalties dictated by the Charter, Chief Field indicated once again that their intent was to save money and penalizing them would only reflect back on the cost to the taxpayers.
With respect to Mr. Connole’s request to become business friendly, Chief Field said the current fire department administration has fought to make certain the local vendors are given the work when they are able to do so.
Chief Field reviewed the cost of the project versus the cost to hire a contractor
for the board.
In conclusion, Chief Field said he strives to maintain the Fire Department’s operation at the least possible cost to the taxpayers of the city. He realized a savings of $19,000.00 plus. The intent of this project was to save money and allow the firefighters to take pride in maintaining their “house.” As chief of the department, he is very comfortable with how this project was handled and looks forward to handling future projects in a similar fashion unless otherwise ordered to do so. He maintains he will work with anyone to eliminate any hard feelings or concerns with contractors or politicians.
Commissioner Cook agreed that the city’s firefighters are very talented. He assumed the question at hand was “Where is the stopping point?”
Commissioner Potter said the board has to remember that they budgeted for this project within the current budget, but it was cut from the budget when the Council asked Chief Field to see if it could be done in-house to save the taxpayers’ money.
Commissioner Cook thought that would give Mr. Connole the right to ask for an explanation from the City Council.
Mayor Bingham said they should look to the future rather than looking at what occurred in the past.
The board agreed to let Mr. Connole speak at this time.
Mr. Connole said the responsibilities of the firefighters, according to the City Charter, is to protect lives and property; It says nothing about contracting work. He noted that the work performed by the Deputy Chief in coordinating the project was $40.00 an hour as opposed to the $22.00 per hour quoted by Chief Field .
Mr. Connole asked how much comp. time was used by the fire department in the last ten years.
Commissioner Cook said Mr. Connole can look it up since comp. time is a public record in the City Clerk’s Office.
In looking at said comp. time, Deputy Chief Giampaolo suggested that Mr. Connole consider “all” the projects completed by firefighters in the past, resulting in a savings to the city.
Corp. Counsel Weaver said there was nothing in the City Charter that limited them in their capacities or duties as firefighters.
Deputy Chief Giampaolo indicated that both firefighters who did the plumbing work are licensed in the State of Connecticut.
Mr. Connole said he pays taxes on his equipment yet there’s no cost to city employees and the liability falls on the taxpayers.
Mr. Connole asked if the work performed by firefighters had any effect on their pensions.
Chief Field said it was figured on base salary, not comp. time.
Mr. Connole said he was informed that firefighters are covered 24/7 by liability insurance. He asked if firefighters working on their own time had their own insurance or if they used the city’s insurance.
Deputy Chief Giampaolo indicated that they have to have business insurance if they have their own business.
Mr. Connole said he wasn’t happy with his answers and he would proceed in a different way.
On a different matter, Commissioner Potter noted that Chief Field had included in his report a quote from Northwest Communications to move the console to Police Headquarters, and asked if this item was going out to bid.
Chief Milano said he thought Northwest Communications was already under contract, however, that should be confirmed with the Purchasing Agent.
Commissioner Potter asked Chief Field if he had money in his budget to make the move.
Chief Field said he may be able to find money in his capital account where he set money aside for future dispatch. It’s up to this board if they want to move forward with the item.
Commissioner Potter said he’d like to wait a month so they can check with the Purchasing Agent and Corporation Counsel to make certain it can be done in this manner.
VOTE ON CHIEF FIELD’S REPORT #1125
The board voted unanimously to accept Fire Chief Field’s Report for April 2007.
DEPUTY CHIEF GIAMPAOLO’S REPORT #1130
On a motion by Commissioner Zaharek, seconded by Commissioner Benedetto, the board voted unanimously to accept Deputy Fire Chief Giampaolo’s Report for April 2007.
Commissioner Benedetto asked how Vehicle Replacement was coming along.
Mayor Bingham indicated that it was almost complete.
FIRE MARSHAL’S REPORT #1160
On a motion by Commissioner Benedetto, seconded by Commissioner Zaharek, the board voted unanimously to accept the Fire Marshal’s Report for April 2007.
TRAINING OFFICER’S REPORT #1220
On a motion by Commissioner Benedetto, seconded by Commissioner Zaharek, the board voted unanimously to accept the Training Officer’s Report for April 2007.
INCIDENT REPORT #1225
On a motion by Commissioner Benedetto, seconded by Commissioner Cook, the board voted unanimously to accept the Incident Report for April 2007.
SOUND WORKS AND SECURITY #1200
On a motion by Commissioner Cook, seconded by Commissioner Zaharek, a discussion took place in regard to the recommendations from the Purchasing Agent and the Deputy Fire Chief to waive the bid process and to award a contract for the bid entitled “Fire Headquarters Security” to Sound Works and Security for $12,707.00, and refer the matter to the City Council.
Commissioner Cook inquired why the bid is being waived.
Deputy Fire Chief Giampaolo indicated that Sound Works is the local security contractor which the city currently uses who is familiar with their security issues.
Mayor Bingham noted that the Board of Public Safety has no authority to waive the bid process so they could exclude the waiving of the bid process in their motion.
Commissioner Cook said he thought the Purchasing Agent was saying that Sound Works is the company the city uses for security and that the city doesn’t change company on a regular basis when it comes to work like this.
Commissioner Potter asked why the request was to use $12,707.00 when the invoice was for $16,900.00.
Deputy Chief Giampaolo indicated that they had $4,000.00 in their budget for this expense, and the remainder was available through budget transfers.
AMEND MOTION #1390
Commissioner Cook amended his motion to accept the recommendations from the Purchasing Agent and the Deputy Fire Chief to award a contract for the bid entitled “Fire Headquarters Security” to Sound Works and Security for $12,707.00, and referred the matter to the City Council. Commissioner Zaharek amended his second. Unanimous.
EMS PROVIDER ACTIVITY REPORT #1420
On a motion by Commissioner Benedetto, seconded by Commissioner Cook, the board voted unanimously to accept the EMS Provider Activity Report from Campion for April 2007.
Commissioner Cook reported getting an e-mail from the Vice President of the Torrington Little League who said Campion Ambulance was called to an incident at the middle school field. When Campion arrived they could not gain access through the locked gate. Several minutes elapsed until a Campion employee was able to walk across the field to the injured player. He stated that the response time was unacceptable and the locked gate was also an issue that needed to be resolved for the safety of the middle school students and the many leagues that participate at that location.
Fred Rosa of Campion indicated the response time was off by a few minutes and clarified.
Mr. Rosa stated that they were unaware that there was such a volume of activity occurring at the fields on weekends. He noted that Campion has keys for all the parks, however, the schools don’t all have the same locks and Campion has only a few of them. He asked the Superintendent of Schools if they could coordinate the same lock for all city parks and school fields. In regard to the response time, the 911 call was made through a cell phone, which goes directly to Litchfield, then rerouted to the Torrington Police Department and then to Campion Ambulance. It was almost nine minutes from when they actually received the call until they got there. The locked gate didn’t prevent them from immediately sending someone to the injured player. Now that they’re aware
that there’s that much activity on weekends, they’ll try to keep something in that vicinity. Because there is so much activity going on, he recommended contracting Campion to have an ambulance on-sight.
Mr. Rosa will call Dave Bascetta, Director of Facilities, and Mark Lavoie, Director of Parks & Recreation to see if they can coordinate locks within the city.
EMERGENCY MGMT COORDINATORS REPORT #1915
On a motion by Commissioner Colangelo, seconded by Commissioner Potter, the board voted unanimously to accept the Emergency Management Coordinator’s Report for April 2007.
BILLABLE SERVICES ORDINANCE #1940
On a motion by Commissioner Potter, seconded by Commissioner Colangelo, the board voted unanimously to accept the proposed ordinance on billable services for the Fire Department. (Already accepted by the City Council on 5/7/2007.)
BUS: DEPT. HEADS #1980
On a motion by Commissioner Colangelo, seconded by Commissioner Benedetto, the board voted unanimously to consider business by Department Heads.
Deputy Chief Maniago invited Mayor Bingham and the board to their Police Memorial Week Ceremony on May 15th.
He also reported that the Detective Division is doing a weekly series entitled Serving Arrest Warrants and will be on Channel 3 News this evening. They will have additional warrants where they will try to enlist the public’s help with some photographs, and officers will be there to answer phones.
Chief Field indicated that recruits will be graduating next week. He invited Mayor Bingham and the board to the ceremony.
He reported the Local will be holding their golf tournament on June 4th.
Lastly, Chief Field reported that the new rescue tools have worked admirably when put to use in the last couple of months. He thanked the board for allowing the Fire Department to purchase them.
Fred Rosa reported that next week will be EMS Week, and May 24th will be Campion’s 60th year anniversary and invited Mayor Bingham and the board to the event.
BUS: VOLUNTEER DEPTS. #2110
On a motion by Commissioner Benedetto, seconded by Commissioner Cook, the board voted unanimously to consider business by Volunteer Fire Departments.
Mike Maccalous, Drakeville Volunteer Fire Chief, thanked the board for a certain program; however, he was inaudible and I was not able to identify the specific program.
BUS: MAYOR & MEMBERS #2160
On a motion by Commissioner Potter, seconded by Commissioner Benedetto, the board voted unanimously to consider business by Mayor Bingham and members of the Board of Public Safety.
Commissioner Cook said the board needed to get a good understanding of every item on the agenda prior to their votes so they can avoid having to rescind any of their votes. He also stated that they should rely on Officer Shopey’s proposal, because he is in charge and is familiar with the law.
Mayor Bingham noted that it will be a policy from this time forward that residents will be alerted in regard to any proposed changes in their neighborhoods. Also, it will be incumbent upon the board to know the facts before voting on any issues.
Commissioner Zordan asked Office Shopey to look at the sight line at Wyoming Avenue & Litchfield St. He requested an accident report of the area and inquired whether or not a stop sign could be installed.
Commissioner Colangelo asked Officer Shopey if a crosswalk could be installed at Toci’s.
Officer Shopey said he would call the state on the matter because it’s a state road.
Commissioner Potter reported that the Billable Services Ordinance is being proposed to discourage people from unnecessarily tying up the Fire Department so they can be available for real emergencies. One of the items that came up while writing the ordinance was to discontinue the Fire Department’s practice of standing by at Charlotte Hungerford during Life Star landings. He said Torrington was probably the last city in the state that continues to do so and requested having the item on the agenda during next month’s meeting for a discussion and possible vote.
Chief Field will develop a report for discussion during June’s meeting, and he will make the administration at the hospital aware of this proposal.
ADJOURNMENT #2460
On a motion by Commissioner Colangelo, seconded by Commissioner Zaharek, the board voted unanimously to adjourn at 9:53 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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