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Minutes 11/04/2002
                                      MINUTES
                   CITY COUNCIL & WPC AUTHORITY
                   NOVEMBER 4, 2002

A   REGULAR  MEETING  of the City Council & WPC Authority was held on Monday, November 4, 2002, in the Council Chambers.

Attending was Mayor Owen J. Quinn, Jr., City Councilors Anne L. Ruwet, Paul F. Samele, Jr., Marie P. Soliani, David M. Bascetta, Richard E. Dalla Valle, and James D. Reginatto; Corp. Counsel Albert Vasko, Treasurer Richard J. Friday, Comptroller Alice Proulx, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, Purchasing Agent Charlene Antonelli, WPC Administrator Raymond Drew, Data Processing Manager William Hoffman, Police Chief Roger Janelle and Board of Public Safety Commissioner James Potter.

Mayor Quinn called the meeting to order at 7:13 p.m., immediately following a meeting of the Board of Trustees of the City Employees’ Retirement Fund scheduled for 7:00 p.m.

MINUTES #380

On a motion by Councilor Reginatto, seconded by Councilor Bascetta, the board voted unanimously to accept the minutes of the regular meeting held September 16, 2002.

On a motion by Councilor Reginatto, seconded by Councilor Bascetta, the board voted unanimously to accept the minutes of the special meeting held October 24, 2002.

OPEN TO THE PUBLIC #400

On a motion by Councilor Ruwet, seconded by Councilor Samele, the board voted unanimously to open the meeting to the public.

Timothy Schapp, 265 Gaylord Lane, stated that nothing had been done in regard to the Council’s motion of July 1 to repair Gaylord Lane in the fashion that it used to be, a one-lane graveled road.  He also noted that minutes of the September 3 meeting stated that Councilor Dalla Valle had been given verbal figures on what it would cost to repair Gaylord Lane.

Mr. Schapp pointed out that he posted a $1,000.00 bond for a driveway permit in order to receive his Certificate of Occupancy.   He did have approval to build a  driveway through wetlands, however, Planning & Zoning & Inland Wetlands preferred that he not do so since the dirt road was an alternative way for him to get into his property.

Mr. Schapp informed the board that he received a letter from the City Engineer on October 11 saying that the city would use his bond to pave an apron into his proposed driveway if he didn’t have one done by the end of October.   Although he had no intentions of putting in this driveway, he agreed to do it to get through the c.o. process in hopes of getting some answers in the following months.   He had been using Gaylord Lane every day and filling in potholes himself and was looking to the city for answers.   The cul-de-sac where Mr. Fabbri wanted his apron to be installed was in disrepair, and he didn’t even know where it would start.   Had the road been abandoned like it was first proposed, he would have spent about $3,000.00 to have gravel spread 600 feet down the dirt road to where his present driveway was located.

Mayor Quinn stated that the Council voted not to abandon Gaylord Lane, and it was his understanding that the apron was being requested by Engineering in time for the parking ban.  

Mr. Fabbri indicated that the snowplow would not be able to go down Gaylord Lane at this point.  

Mayor Quinn said it was fair to say that there was sentiment from the Council to put Gaylord Lane back to its original historic look, which he thought was a seasonal, passable road, but not up to city standards.  It was also his understanding that Engineering had not included funds in this year’s budget to correct the situation before winter.  The question he had was “How would you, as the homeowner, be able to get your car off of a street that either needs to be plowed in a cul-de-sac, if they can’t make their way through which it sounds like they’re going to, and what would you propose that your reasonable expectation be as the homeowner, because I don’t think that we’re going to be able to plow all the way through, but I don’t know that because I’m not an expert on that.”

Mr. Schapp said he needed 600 feet down the dirt road to where his driveway entered the dirt road.   He noted that he had plowed it last year when he was building his home.

Mayor Quinn asked Mr. Schapp if he would be willing to plow that until such time . . . (sentence unfinished)

Mr. Schapp said “I was willing to do any type of agreement that we could get across to get me out of this situation.”   He noted that Mayor Quinn had just mentioned that it was going to be a seasonal road, however, it was his understanding from past Council minutes that they were against a seasonal road, they wanted it opened up as a one-lane, graveled road.

Mayor Quinn said he may have misstated what seasonal meant, but he thought it wouldn’t be up to city standards, tarred and passable.  He asked Mr. Schapp for his suggestion in terms of where he would put his vehicle and how he would gain access to his property if he plowed the street like last winter.

Mr. Schapp said he would drive right down to his garage, 1,200 feet from the pavement to his garage.   He planned on going right down the dirt road.  

Mayor Quinn asked department heads if there was anything that would prohibit Mr. Schapp from doing that, that was different from last winter.  

Mr. Rollett noted that last winter was very mild and a small truck was able to plow the graveled road, however, he didn’t think a small vehicle could handle plowing that road open if we had a more severe winter.   He suggested that Mr. Schapp park in a paved apron at the cul-de-sac.

Councilor Dalla Valle pointed out that the road hadn’t been maintained nor plowed in the recent past.  The Council had now made it plain that Gaylord Lane should be back on the city’s rolls as a city street, and the city had the responsibility to maintain it.  Since the city didn’t have the foresight to include funds in this year’s budget, he didn’t believe it was right for the city to penalize Mr. Schapp by having him spend his bond money to install an apron that he may or may not use in the future depending on what the City did to the road and where his driveway was actually going to be.  It was his belief that the city was asking Mr. Schapp to build an apron on his proposed driveway that went across the wetlands, however, Mr. Schapp would no longer use that area for his driveway if the city followed through with what the Council voted to do when funds are allocated.

Councilor Bascetta suggested installing a temporary apron at the end of Gaylord Lane.

Mr. Fabbri said “That was the intent.  Through the discussions back when we talked about the abandonment and so forth, one of the things I did was, I wrote a letter to Tim back in February saying that Gaylord Lane would not be abandoned.  He needs to proceed on building his house with his permitted driveway, however, if things progressed where we actually had the money to do the road, that didn’t necessarily have to be built . . .  (inaudible) to where he was actually ready to get a c.o.  Again, nothing has happened as far as upgrading the road.  One of the things we talked about was that if he built something, in case we had a blizzard, he had a place to put his car because we’re not going to be able to get the plow down that particular section.  The intent was at such a point that would be basically abandoned as a temporary situation until such time the road was actually upgraded.  So it was never our intent, and there’s nothing in the regulations that said that the permanent driveway had to extend all the way up to his house.  We have driveways that don’t necessarily go all the way to the front door.  It’s just basically a place to park.”

Councilor Bascetta inquired how much it would cost for the city to pave an apron.

Mr. Fabbri indicated that it would probably cost $300.00 or $400.00 to hire someone.  He didn’t give an estimate using city employees.

Mayor Quinn asked if Mr. Schapp could do a 10 X 12 by cutting a place in off the cul-de-sac without costing him a lot of money, so that he would have a place to put his vehicle in case of a storm.  

Mr. Schapp indicated that he could, however, he had already inquired about doing that and was told the regulations stipulated that it had to be paved.

Mr. Fabbri noted that he had asked for a paved apron so that it would keep from washing out into the street.  Perhaps he could allow a graveled apron if he wasn’t going to extend the driveway there.

Mayor Quinn said “Could we get a gravel 10 X 12, since it’s not going to be anything more than a temporary thing to get him through the winter, that would cost him a minimal amount of money, get your vehicle off the property and see where we’re going.”  

Councilors Reginatto and Dalla Valle couldn’t understand why the homeowner should be charged anything to have this done.    
Mr. Schapp noted that the city had gotten itself in a bind when they approved to repair the road and didn’t do so.  Under State Statute 13a -103, he could petition the Superior Court with five signatures to have the court order the city to repair a road that’s in disrepair.

Councilor Ruwet felt Mr. Schapp’s request should be dealt with directly with the City Engineer, particularly Ed Fabbri.  She suggested that the City Council divert this discussion back to Mr. Fabbri with a recommendation that there be consideration for waiving any costs, in particular the $1,000.00 bond.   She noted that funds to repair Gaylord Lane had not been included in this year’s budget when this was matter was voted on and suggested that he plan to build in some of those costs, even possibly with surplus funds in the spring, or definitely plan the repairs from next year’s budget.  She hoped they could reconcile with the homeowner to get through this year with said apron and then move forward.

Mr. Fabbri pointed out that his department had surveyed the entire road this past summer and they will move forward when funds are appropriated.

ADD TO AGENDA #1010

        Councilor Dalla Valle made a motion to add an item to the agenda for the city to spend the amount of money it would take to install a  temporary apron for Mr. Schapp.  Councilor Reginatto seconded the motion.  Unanimous.   (Please refer to #1300.)

TORRINGTON HOUSING AUTHORITY #1040

Claudia Sweeney, Executive Director of the Torrington Housing Authority, indicated that her item on the Agenda was not totally accurate.   The inaccuracy was the $1,800.00 estimated to be the total cost of the fees being waived.  She explained that this figure was only for one permit fee and she had several projects coming up including paving and sidewalk repair at Torrington Towers and Koury Terrace, storm doors, entry doors, window replacements and cabinet and kitchen sink replacements at the state site.  

She stated that, to the best of her knowledge, there is a letter on file from the previous director, Mr. Kelly, granting the Housing Authority a waiver of building permit fees with the City.  When she asked for the city to waive these fees, she was informed that she would have to petition the city again to receive the waiver.  

Councilor Dalla Valle stated that permits would still be required and that only the fees were in question.  He noted that Ms. Sweeney’s letter to the Building Official stated that she was requesting the waiver of fees to be extended to the work pending at all Authority sites, however, she didn’t have fees associated with each project.    It was his opinion that the motion could be amended to include a blanket amount for fees of any of their upcoming projects.

Ms. Sweeney pointed out that she had found copies of permits from previous projects that were marked “permit fees waived.”

Mayor Quinn suggested that perhaps Ms. Sweeney could enumerate the projects to better define her request.

Ms. Sweeney said she could certainly do that, however, if she had to come back to the Council for their approval, it would stymie her time.  

Councilor Ruwet thought it would be reasonable to amend the motion to waive any building permit fees for capital improvements at the Housing Authority sites.

Mayor Quinn stated that the Council would be looking to amend Item #7 on the Agenda, when that item came up.  Please refer to #1930.

Mr. R. Dysen, 37 Nilsen Avenue, spoke in regard to Item #15 on the Agenda. (Vote to accept the recommendation from the Public Works Director for the WPCA to waive the interest charge on three sewer assessment accounts named in the memo (Manion, Reynolds, and Morse), and any other account making payment in a reasonable time frame).

Mr. Dysen asked the WPCA to waive the first year of interest on his sewer assessment since he was never notified that interest would be charged on the amount owed.   Please refer to #1480.

GAYLORD LANE #1300

Councilor Dalla Valle made a motion for the city to install a 10 X 12 paved apron to eliminate Mr. Schapp’s problem on Gaylord Lane.

Mr. Fabbri noted that a gravel 10 X 12 area would be acceptable, based on the fact that it will be temporary.   Mr. Schapp stated that a gravel apron would be acceptable to him.

Councilor Dalla Valle amended his motion to make it gravel instead of paved.   Councilor Reginatto seconded the motion.

During a discussion, Councilor Reginatto asked Mr. Rollett if he had spoken to O & G in regard to the quote they had given the city.

Mr. Rollett indicated that he had received no information from O & G.

Councilor Dalla Valle noted that it was a verbal quote and he was waiting to get it in writing.

The apron would go on the cul-de-sac by Mr. Schapp’s mailbox at the proposed driveway.  

Councilor Bascetta asked why the city would gravel 12 feet of the front of Gaylord Lane if Mr. Schapp was the only one who was going to use it in the winter time.

Mr. Rollett indicated that Gaylord Lane will have to go through a design analysis and obtain wetland permits.

Councilor Bascetta said, “I’m talking about 12 feet off the apron.  Why waste the gravel and grading when you would be able to start it right there at Gaylord Lane.   You’d get a head start into the road.  He’s the only one that’s using it for the winter, why bust up 12 feet off the cul-de-sac.”

Mr. Rollett agreed.

Mr. Schapp inquired whether this motion would affect the release of his $1,000.00 bond.  The Council said yes.

Mayor Quinn recapped the motion: “You have a motion by Mr. Dalla Valle to provide an apron 12 X 13 (sic 10 X 12) gravel, and that the suggestion was that you start at Gaylord Lane and proceed with that, which Public Works Director Rollett seemed to agree made sense, and there’s a release of the $1,000.00 bond to Mr. Schapp.”   This motion was clearly understood by the Council.

Councilor Dalla Valle amended his motion to that effect.  Councilor Reginatto amended his second.  The Council voted unanimously in favor of the motion.
  
WAIVE INTEREST CHARGE #1480

On a motion by Councilor Ruwet, seconded by Councilor Dalla Valle, the board voted unanimously to accept the recommendation from the Public Works Director for the WPCA to waive the interest charge on three sewer assessment accounts named in the memo (Manion, Reynolds, and Morse), and any other account making payment in a reasonable time frame.

During the discussion, Mr. Rollett indicated that a public hearing was held in January of 2000 to authorize the construction of sewers in the Marshall, Jordan, and Nilsen area.   In January of 2001, a public hearing was held to assess the benefit assessments to the forty-seven affected properties. An assessment of approximately $8,790.00 per property was decided.  A letter was sent to all property owners in July notifying them of the results of the public hearing and that a lien, with 5% interest, would be placed on their properties. Mr. Rollett further indicated that his department mails a summary sheet in October of every year to all property owners summarizing the activity on the account.   Immediately upon this year’s mailing did he receive phone calls from people who were ready to pay the assessment but were never billed.

Because of the confusion, Mr. Rollett recommended that the city allow anyone to make a payment, based on their October notice, within a reasonable time period.  They would apply the payment to the full amount and recalculate the interest at 5%.   
Councilor Dalla Valle inquired what Mr. Rollett considered a reasonable time.

Mr. Rollett said he thought til the end of the year was reasonable.

Councilor Ruwet amended her motion from “a reasonable time” to “December 31, 2002.”  Councilor Dalla Valle amended his second.  Unanimous.

AMTEC #1750

On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, and after a brief explanation from Treasurer Richard J. Friday, the board voted unanimously to authorize the payment of $700.00 from which $350.00 would be taken from the Southwest School Renovation Fund #110 and $350.00 would be taken from THS Renovation Fund #285 to AMTEC in regard to rebate computations for the $29,235,000.00 City of Torrington, CT Issue of 1999.

AIR CONDITIONER REPAIRS - FIRE DEPARTMENT #1870

On a motion by Councilor Ruwet, seconded by Councilor Dalla Valle, the board voted unanimously to approve the Board of Public Safety’s recommendation to use $11,641.39 from the Fire Department’s budget (Prior Year Encumbrances) and $8,000.00 plus change ($8,828.61) from Contingency, and referred it to the Board of Finance.

WAGE INCREASE - ASST. DOG WARDEN #1890

On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the board voted unanimously to approve the Board of Public Safety’s recommendation to issue a wage increase to $8.00 per hour for Harold Valley, Assistant Dog Warden.  (Retroactive to 7/1/02, per Chief Janelle’s recommendation.)

FIRE MARSHAL/DEPUTY FIRE MARSHAL VEHICLES #1920

On a motion by Councilor Dalla Valle, seconded by Councilor Ruwet, the board voted, with the exception of Councilor Soliani who opposed, to table the Board of Public Safety’s recommendation to have the Fire Marshal’s and the Deputy Fire Marshal’s vehicles placed into Category A of the policy.

TORRINGTON HOUSING AUTHORITY #1930 (Continuation of #1040)

Councilor Ruwet made a motion to amend Item #7 (Original request: To waive permit fees ($1,810.00) for capital improvements at Housing Authority sites.) Changed to:  Waive building permit fees for capital improvements at Housing Authority sites.   (The amendment was to add “building” and delete  “$1,810.00")

Councilor Dalla Valle asked Councilor Ruwet to consider adding to her motion “Any fees associated with these projects, and not just building fees.”   He noted that Ms. Sweeney specifically requested waiving “building” fees and there were other fees involved in projects.  

Councilor Ruwet said “I know what she’s talking about.  There is a building permit fee that is assessed for any kind of capital improvement and I think that was specifically to her request, so that’s where I was leaning toward in the motion.”
Councilor Ruwet kept her original motion because she didn’t think the city would have any other fees for capital improvement projects.

Councilor Dalla Valle said he asked for Councilor Ruwet’s indulgence because he had been involved with nonprofit projects in the City of Torrington in the past and there were other fees involved and when someone requests to waive building fees, they look to waive any fees involved with the project to avoid running into any unanticipated costs in going forward.
 
Councilor Samele seconded the motion.

Councilor Reginatto inquired about the Connecticut Education Fees that the state charged and couldn’t be waived.

Councilor Ruwet said “I’m putting it to building permit fees.”

Mayor Quinn indicated that the Council would have no jurisdiction to waive fees for the State of Connecticut.  His understanding of the motion was that it was for building fees and his interpretation was that the Council could not waive fees that are otherwise collected by the State of Connecticut.

The Council voted 5-1 to amend Item #7 to waive “building” permit fees for capital improvements at (Housing) Authority sites.  Councilor Reginatto opposed the motion.  

To recap, Councilor Ruwet said “We’re not authorized to waive any Connecticut State fees, so really, this is in reference to any fees that the city is authorized to waive.”

REALLOCATE FUNDS - DATA PROCESSING #2130

On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted unanimously to approve the Data Processing Manager’s request to reallocate funds in order to upgrade the AS400 system and go to bid, and referred it to the Board of Finance.

RESOLUTIONS: SENIOR CENTER #2170

On a motion by Councilor Soliani, seconded by Councilor Ruwet, the board voted unanimously to adopt the Resolutions for the Mayor to enter into and amend contractual instruments in the name and on behalf of the City of Torrington for a grant from the Department of Social Services of the State of Connecticut for additions and renovations to the Sullivan Senior Center.

          RESOLUTION

          I, Joseph L. Quartiero, City Clerk of the City of Torrington, a Connecticut corporation (the “Contractor”), do hereby certify that the following is a true and correct copy of a Resolution duly adopted at a meeting of the City Council of the Contractor duly held and convened on Monday, November 4, 2002, at which meeting a duly constituted quorum was present and acting throughout and that which resolution has not been modified, rescinded, or revoked, and is at present in full force and effect:

RESOLVED, that the Mayor, Owen J. Quinn, Jr., is empowered to enter into and amend contractual instruments in the name and on behalf of this Contractor with the Department of Social Services of the State of Connecticut for a Senior Center Improvements Program and to affix the corporate seal.

                                   IN WITNESS WHEREOF, the undersigned has affixed his                                                  signature and the corporate seal of the Contractor this 5th day of                                     November 2002, that which is on or after the Contractor has                                            signed the Acceptance and Approvals.

RESOLUTION

I, Joseph L. Quartiero, City Clerk of the City of Torrington, a municipal corporation,  do hereby certify that the following is a true and correct copy of a Resolution duly adopted at a meeting of the City Council of the City of Torrington duly held and convened on November 4, 2002, at which meeting a duly constituted quorum was present and acting throughout and that such resolution has not been modified, rescinded, or revoked, and is at present in full force and effect:

RESOLVED, that the Mayor, Owen J. Quinn, Jr., is empowered to enter into and amend contractual instruments in the name and on behalf of the City with the Department of Social Services of the State of Connecticut for Senior Center Improvements and to affix the corporate seal.

IN WITNESS WHEREOF, the undersigned has affixed his signature and the seal of the City this 5th day of November 2002.

FRIAR ASSO. #2180

On a motion by Councilor Soliani, seconded by Councilor Samele, the board voted unanimously to accept the recommendation from the Torringford School Building Committee to accept the contract from Friar Associates of Farmington, Ct. for Architectural services on the Torringford School project.

TORRINGTON FISH & GAME #2260

On a motion by Councilor Ruwet, seconded by Councilor Bascetta, the board voted unanimously to accept the request from the DEP Wildlife Bureau (sic, Fish & Game Society) for permission to create a private shooting preserve area at the Torrington Fish & Game, Weed Road, and allow shooting on sundays.

Corp. Counsel Vasko explained that the request had come from the Fish & Game Society and not the DEP Wildlife Bureau.

Councilor Dalla Valle pointed out that the state statute would only allow people to shoot at artificially propagated birds on Sunday.

Corp. Counsel Vasko explained that the statute allowed someone on a game reserve to shoot birds on sundays that they stock on the premises with the city and state’s permission.

CHARTER REVISION DRAFT REPORT #2400

Mayor Quinn informed the Council that this was the last day for the Council to recommend amendments to the draft report.  The draft will move forward if approved by the City Council.  Any amendment will need a majority vote of the Council in order to be added or deleted to the draft report.

Councilor Dalla Valle made a motion to place the draft report on the table for discussion.  Councilor Soliani seconded the motion.  Unanimous.

Councilor Dalla Valle’s supplied the council with his recommended amendments.

Corp. Counsel Vasko explained that the Council needed to act on the draft report.  It could either be sent back to the Charter Revision Commission with suggested revisions or be accepted or rejected as is.   After today, the report is final and no further changes can be made.

Councilor Bascetta thought it was unfair for the Commission to have eighteen months to draft the report while the Council only had 45 days to decide its outcome.  

Several Councilors expressed a concern that they weren’t aware a decision had to be made during this meeting and felt they should have met more often to specifically discuss the Charter Revisions.   

Councilor Dalla Valle noted that each Council member was invited to attend a special meeting with the Charter Revision Commission, however, those meetings turned out to be a pitch for the Finance Director and not to discuss the revisions to the charter.  He respectfully withdrew his recommendations and asked the Council to reject the draft report, and, with all due respect, appoint a new Committee and start over again.   

Personally, Mayor Quinn didn’t want to see two-year’s worth of work go for naught.  He certainly did not object to the Council debating any particular areas that were objectionable to them.   The draft had been in a written form since August and everyone had ample opportunity to review it.

The Council decided to run through the recommendations submitted by Councilor Dalla Valle.  

The following motions were made:

Councilor Reginatto made a motion not to eliminate the waiving
of the bid bond in connection with the bidding process.
Councilor Dalla Valle seconded the motion.  Unanimous.

Councilor Dalla Valle made a motion to increase the limit from
$3,000.00 to $10,000.00 before having to go out to bid.
 Councilor Soliani seconded the motion.  Unanimous.

Councilor Dalla Valle made a motion not to extend the terms of
any city official.  Councilor Ruwet seconded the motion.
                                      Unanimous.

Councilor Dalla Valle made a motion not to change the wording
of the Charter to allow for a Finance Director unless there are
current jobs being replaced by this person (which would not be
ambiguous on a part time position here or there, but would be
current jobs that this person would be taking over).  Councilor  Reginatto seconded the motion.

During a discussion, Councilor Dalla Valle stated that the purpose of the change of wording was to gear the Charter to accept the Finance Director if they so chose to hire one.

Councilor Soliani, a member of the Charter Revision Commission, indicated that the new wording voted on by the Commission would “enable” the City Council and the Mayor to hire a Finance Director and not direct them by saying the City “shall” hire a Finance Director.   She noted that the Commission’s vote was not unanimous on this issue, however, the majority ruled.  She also noted that the city could hire a Finance Director tomorrow if it suited the Council.

Mayor Quinn pointed out that the second part of Councilor Dalla Valle’s motion implied that current jobs would have to be consolidated.   His motion was clear that streamlining and consolidation of jobs would be necessary in order to hire a Finance Director.   Neither Councilor Dalla Valle nor the City Council would be in favor of merely adding bureaucracy.

Councilor Reginatto expressed a concern over the possibility of the Board of Finance hiring a Finance Director.  

Mayor Quinn said the Board of Finance doesn’t have the authority to hire a Finance Director.  The City Council would have to fund the budget and create the position.

Councilors Bascetta, Dalla Valle, and Reginatto voted in favor of the motion.  Councilors Ruwet, Samele and Soliani opposed the motion.  Mayor Quinn broke the 3-3 tie vote by voting in favor of the motion.   

For clarification purposes, Councilor Dalla Valle stated that he was not opposed to a Finance Director, with streamlining below that position.   Mayor Quinn agreed.

Councilor Dalla Valle made a motion to see wording in the Charter that showed the Finance Board as an advisory board only, with the power to set the mill rate, but all other matters should be decided with the advice and consent of the City Council.  This would include referendums.   As an example, he noted a time when the City Council voted to allow a referendum to have the Warner Theater ask for a bond .  The Finance Board denied it and the referendum never took place.   It was his opinion that the Board of Finance should not have the power to overrule an elected board in the City of Torrington.   Councilor Bascetta seconded the motion.   Unanimous.

Councilor Dalla Valle made a motion to add a section in the
Charter to have a waiting period of at least one year for elected officials to get a job in the private sector working for anyone having done business with the city.   Councilor Ruwet seconded the motion.   

When the legality of doing so was questioned, Mayor Quinn noted that it could be reviewed with the Department of Labor.   If the Charter wasn’t the right place to put such a request, perhaps it should be in the Code of Ethics.   

The vote was unanimous.

Councilor Dalla Valle made a motion to add a section to prohibit individuals or companies owned by individuals sitting on any board or committee from doing business with that board or committee they serve on.  Councilor Reginatto seconded the motion.  

During the discussion, Mayor Quinn noted that it was the duty / responsibility of persons sitting on committees to recuse themselves from voting when there’s an apparent conflict of interest.  

Councilor Ruwet said she would oppose the motion because she felt it was already outlined in the Code of Ethics.

The vote was 1-5, with only Councilor Dalla Valle voting in favor of the motion.   Motion failed.

Corp. Counsel Vasko indicated that the Charter Revision will either accept or reject the recommendations and furnish the City Council with their Final Report.  The Council will have the ability to approve parts of the report, reject parts of the report, or put parts, or all of it to a referendum.  The Council will decide on the questions to go to a referendum.   The Charter Revision Commission will have thirty days to act on the Council’s recommendations, and the Council will have fifteen days thereafter.

Mayor Quinn asked the Council if there were any other discussion points that they wanted to include in this report back to the Commission.

Councilor Reginatto made a motion to ask the Charter Revision Commission whether the statement in the Tax Collector’s contract that says he must provide a successor with information in regard to unpaid taxes was a contractual issue rather than a Charter issue.   Councilor Dalla Valle seconded the motion.  

Mayor Quinn said his point was well taken.

The vote was unanimous.

Councilor Reginatto made a motion for the Charter Revision Commission to research the elimination of the office of Selectmen.   Councilor Dalla Valle seconded the motion.  Unanimous.

Councilor Soliani asked if it was the Council’s recommendation to eliminate the position of Selectmen.   The answer was yes.

There were no further recommendations to the Charter Revision Commission on the draft report.

MOTION ON THE CHARTER REVISIONS #670

Councilor Dalla Valle made a motion to submit the City Council’s recommendations to the Charter Revision Commission.  Councilor Reginatto seconded the motion.  Unanimous.

                                    TRUMBULL CONSTRUCTION #700

On a motion by Councilor Dalla Valle, seconded by Councilor Samele, the board voted unanimously to authorize the payment of $232,114.22 from the Northwest Interceptor Bond Fund #302 to Trumbull Construction Co., Inc. for work performed on the Sanitary Sewer Improvements on Torrington Phase III Sewers, Contract #4, Highland Avenue.

RESOLUTION - PINEWOODS ROAD #710

On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted unanimously to adopt the Resolution in regard to the Reconstruction of Pinewoods Road from Winsted Road to the Route 8 Interchange.

Reconstruction of Pinewoods Road from Winsted Road (State Route 800) to the Route 8 Interchange.

WHEREAS, the City of Torrington has issued a press release through local newspapers and radio, mailed a news release to a number of officials and agencies, and mailed a formal letter to abutting property owners, announcing a public information meeting on the proposed STP Urban Transportation project known as Reconstruction of Pinewoods Road, State Project #143-H030.

WHEREAS, a public informational meeting was held on October 22, 2002, at Torrington City Hall Council Chambers from 7:00 p.m. to 7:45 p.m. at which meeting residents had an opportunity to voice their concerns; and

WHEREAS, the Litchfield Hills Council of Elected Officials has selected this project as a regional priority and to utilize federal funds for right-of-way, preliminary engineering and construction activities; and

WHEREAS, the City Council has considered the concerns of the residents from the public informational meeting and finds that the proposed reconstruction of Pinewoods Road is in the best interest of the City of Torrington, and will promote the health, safety and general welfare of its residents and provide for convenience and safety of the motoring public.

BE IT FURTHER RESOLVED, the City of Torrington, based on the above information, and by virtue of the resolution, hereby fully supports the proposed project.

Adopted by the Board of Councilmen of the City of Torrington on this 4th day of November 2002.

MOWER FOR WPCA BID #720

On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the board, after a brief discussion, voted unanimously to accept the recommendations from the WPCA Administrator and the Purchasing Agent to award the bid on the “Mower for WPCA” to the low bidder, Grunder’s Farm Equipment of Torrington for $8,900.00.

BOTTLED WATER CONTRACT #780

On a motion by Councilor Dalla Valle, seconded by Councilor Ruwet, the board voted unanimously to accept the recommendation from the Purchasing Agent to extend the current  “Bottled Water” contract for one additional year.

SMALL CITIES: REPUBLICAN / AMERICAN #810

On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the board voted unanimously to authorize the payment of $214.92 from Small Cities Fund #261 to the Republican / American for a public hearing notice in regard to Small Cities.

GRIEVANCES #840

On a motion by Councilor Reginatto, seconded by Councilor Soliani, the board voted unanimously to deny Grievance #02-06 in regard to a verbal written warning given to an employee who had not progressed in working with computer equipment.   
On a motion by Councilor Reginatto, seconded by Councilor Samele, the board voted unanimously to deny Grievance #02-09 in regard to a temporary transfer versus an assignment of equipment.

On a motion by Councilor Reginatto, seconded by Councilor Soliani, the board voted unanimously to deny Grievance #02-10 for an improper forum in regard to an impassable issue that needed to be renegotiated.  

SRS REMOVAL ACTION #1080

On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted unanimously to authorize the payment of $723.70 from Contingency to SRS Removal Action for Assessment #15 and referred it to the Board of Finance.

GORDON, MUIR & FOLEY #1100

On a motion by Councilor Samele, seconded by Councilor Dalla Valle, the board voted unanimously to authorize the payment of $550.00 from the Southwest School Building Account to Gordon, Muir & Foley, LLP for professional services.

BULLETIN BOARD #1110

On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, a discussion took place in regard to Mr. Locche’s request to erect a bulletin board outside City Hall for the public to view scheduled meetings as they drove by.

Mayor Quinn noted that James Locche had already been given an official response by the City Clerk.   Now that Mr. Locche had requested the item go before the City Council, it was Mayor Quinn’s opinion that they needed to rectify the situation once and for all.

Councilor Ruwet said Mr. Locche might not have known that his request was on this evening’s agenda.   (It was noted that Mr. Locche was not present.)

Mayor Quinn indicated that his request was a bit onerous and it would be difficult for the city to oblige.

Councilor Dalla Valle made a motion to accept the answer that was given to Mr. Locche by the City Clerk in a letter dated July 11, 2002.   Councilor Samele seconded the motion.

The Council voted 5-1 in favor of this motion.  Councilor Ruwet opposed the motion, recognizing that Mr. Locche had not been informed that his request was on this agenda.

Asst. City Clerk, Joline LeBlanc, stated that she had not notified Mr. Locche that his item would be on the agenda.  Since Councilor Ruwet had requested that this item be placed on the agenda, she assumed Councilor Ruwet had notified him.

Mr. Locche would be informed of the Council’s decision.

EXECUTIVE SESSION #1220

On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted unanimously to approve the request for an executive session under Pending Litigation, to be held at the end of the meeting.

BUSINESS: DEPT. HEADS #1260

On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the board voted unanimously to consider business presented by Department Heads.

Mr. Fabbri said he would have a report on the north end parking lot at the next meeting.

BUSINESS: MAYOR & MEMBERS #1320

On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the board voted unanimously to consider business presented by Mayor Quinn and members of the City Council.  There was none.

The City Council went into an Executive Session under Pending Litigation at 9:12 p.m.

ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
               CITY CLERK

On a motion by Richard Dalla Valle, seconded by James Reginatto, the board went into open session at 9:25 p.m.

On a motion by Richard Dalla Valle, seconded by James Reginatto, the board adjourned at 9:25 p.m.

ALBERT G. VASKO
Corporation Counsel