MINUTES
CITY COUNCIL & WPC AUTHORITY
NOVEMBER 19, 2002
A REGULAR MEETING of the City Council & WPC Authority, adjourned from Monday, November 18, 2002, was held on Tuesday, November 19, 2002, in the Council Chambers.
Attending was Mayor Owen J. Quinn, Jr., City Councilors Anne L. Ruwet, Marie P. Soliani, David M. Bascetta, Richard E. Dalla Valle, and James D. Reginatto, Corp. Counsel Albert Vasko, Public Works Director Gerald Rollett, Tax Assessor Brian Lastra, Purchasing Agent Charlene Antonelli, and Deputy Fire Chief Jaye Giampaolo. Absent was Councilor Paul F. Samele, Jr.
PUBLIC HEARING #020
Mayor Quinn called a public hearing to order at 7:38 p.m. to consider adopting an ordinance to provide for an additional veteran’s exemption pursuant to S12-81f of the Connecticut General Statutes.
City Clerk Joseph L. Quartiero read the legal notice.
Len Dube, Veteran’s Administration Officer for Torrington, urged the Council to support permissive legislation to recognize veterans in adding “up to” a $10,000.00 tax exemption. He noted that the State had passed this legislation. However, each of the 169 towns and cities were left on their own to take appropriate action in regard to funding. This legislation dealt with the future of approximately 300 plus needy veterans who met the criteria established by this law, such as eligibility dates, income level, etc. Mr. Dube further explained that this legislation was different from the tax abatement recently adopted by the Council for volunteer firefighters resulting in a direct $1,000.00 credit toward real estate, in that the proposed veteran’s exemption dealt with $39.75 for
every thousand dollars of property tax assessed. The new legislation would not take effect until the year 2004 and would only be given to veterans having met the criteria and having signed up prior to October 1, 2003. Mr. Dube stated that the loss of revenue could easily be offset by 300 taxpayers purchasing newer vehicles assessed at more than $10,000.00 each.
Tax Assessor Brian Lastra gave an overview on the proposed legislation. He noted that the Council had the option of granting “up to” an additional $10,000.00 in tax exemptions that would currently apply to 301 low income veterans. If enacted, it would be effective with the October 2003 grand list and would dovetail with the city’s reassessment. It was a possibility that several more than the present 301 veterans could step forward and sign up for the exemption. The tax dollar loss would be $11,073.79 if the city was to grant a $1,000.00 tax exemption at the current mill rate for 301 veterans.
Mr. Lastra noted that the proposed legislation was over and above the present basic $1,000.00 veteran’s exemption and the additional $2,000.00 exemption, which was reimbursed by the state. He informed the Council that approximately twenty exemptions were being granted toward automobiles because these veterans didn’t own real estate.
Councilor Soliani inquired whether Mr. Lastra had researched data from other towns to see if they had implemented this new legislation.
Councilor Dalla Valle stated that Mr. Lastra’s report made note that no other towns had enacted this legislation.
Mr. Lastra stated that his survey was done several months ago and towns could currently be considering the legislation.
Mr. Dube urged the Council to move forward notwithstanding other town’s decisions.
Corp. Counsel Vasko suggested continuing the public hearing, since there might have been more public input had it been held on the day it was originally scheduled for. (Monday, November 18).
Councilor Dalla Valle felt they should move ahead and vote on this matter even though he would have to abstain from voting.
Councilor Bascetta noted that they had plenty of time since it wouldn’t go into effect until 2004.
With no further comments or questions from either the Council or the public, Mayor Quinn called the public hearing to a close at 7:56 p.m.
VOTE ON VETERAN’S EXEMPTION #720
Councilor Soliani made a motion for the Council to grant an exemption of $5,000.00 to veterans meeting the low income criteria as stated in S12-81f of the Connecticut General Statutes. Councilor Ruwet seconded the motion.
Councilor Reginatto inquired whether the Council could revisit this matter in the future.
Mayor Quinn indicated that the legislative body could revisit the issue. Veterans would have to be paid the benefit within that fiscal year once it was granted.
Councilor Bascetta pointed out that the original $1,000.00 exemption was adopted many years ago and he thought the matter should be researched further rather than just pull a dollar amount out of the air.
Councilor Dalla Valle inquired whether the proposed $5,000.00 could be increased in the future.
Mr. Lastra said it was a local ordinance and he didn’t see anything that would prevent the Council from raising the amount “up to” $10,000.00 prior to October 1.
Councilor Dalla Valle indicated that he couldn’t push for the maximum amount since he would have to abstain from the matter.
Councilors Ruwet and Soliani voted in favor of the motion. Councilors Bascetta and Reginatto opposed the motion. (Councilor Dalla Valle abstained.) Councilor Reginatto said he opposed the dollar amount, not the legislation.
Mayor Quinn broke the 2-2 tie vote by voting in favor of the motion to grant an exemption of $5,000.00 to veterans meeting the low income criteria as stated in S12-81f of the Connecticut General Statutes.
Councilor Dalla Valle asked Corp. Counsel for his legal opinion on whether he could make another motion on the veteran’s exemption, though he had to abstain from voting.
Corp. Counsel Vasko indicated that he couldn’t make a motion because he would have to abstain from the ultimate issue.
Councilor Dalla Valle stated that, although he couldn’t make the motion, he would certainly like to see a motion being made for the maximum amount of $10,000.00.
ADD ITEM TO AGENDA BY 2/3RDS VOTE #1000
Councilor Reginatto made a motion to add an item to the agenda by 2/3rds vote. Councilor Dalla Valle seconded the motion.
(At this time, it was noted that the motion was in regard to the aforementioned veteran’s exemption.)
Corp. Counsel Vasko indicated that the Council had just voted to adopt an ordinance to give a $5,000.00 veteran’s exemption. Any change would need an amendment to the ordinance as adopted, and another public hearing.
Councilor Reginatto withdrew his motion.
Councilor Dalla Valle pointed out that his second to the motion was of no use after he found out what the motion was about. The matter was dropped.
OPEN TO THE PUBLIC #1070
On a motion by Councilor Ruwet, seconded by Councilor Soliani, the Council voted unanimously to open the meeting to the public.
Linda Hall, Birchwood Drive, said she saw problems, particularly the roof at the middle school, as a city issue, since the city was the general contractor in building the middle school and the city held all trade contracts, meaning the city was at risk.
She reported her son had more than a hundred nose bleeds last year alone, as well as sinusitis, tonsilitis, bronchitis, bronchial asthma. He also inhaled mold, which he was allergic to, unbeknownst to her. She noted that she didn’t make the connection of his sickness and the problems at school until March when he informed her that he was unable to breathe in school.
She urged the Council to address the issue.
Mayor Quinn stated that it was obvious Mrs. Hall had done a lot of research and that she had made them aware of things they weren’t necessarily aware of. He stated that she was a valuable community resource and that she should be complimented for all her hard work on the matter.
Councilor Bascetta indicated that he had been visiting the middle school and speaking with the principal in an attempt to get right down to the problem. He was scheduled to meet with Jeff Borghesi next week and wanted to speak with members of the original building committee to research the records, etc. He invited anyone else on the Council to join him in his efforts.
Councilor Ruwet stated that Councilor Bascetta had contracting experience in his profession which she thought was quite beneficial in these matters. She noted that she would stay in close communication with the Council and stay involved as a State Representative. She commended Ms. Hall for her work on the matter.
FIREFIGHTER TURNOUT GEAR #1580
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, a discussion took place on the Board of Public Safety’s recommendation to award the Five Year Lease and Maintenance of 60 Sets + of Firefighter Turnout Gear to the low bidder, Firematic Supply of Rocky Hill, Ct.
Charlene Antonelli and Jaye Giampaolo explained the bid.
Councilor Dalla Valle made a motion to table the bid for further information. Councilor Reginatto seconded the motion. Unanimous.
FIRE HEADQUARTERS’ ROOF BID #2420
Councilor Dalla Valle made a motion to accept the Board of Public Safety’s recommendation to award the Fire Headquarters’ Roof bid to the low bidder, Diamond, Inc., of Waterbury, Ct. Councilor Soliani seconded the motion.
After a brief discussion on the bid process, Councilor Dalla Valle made a motion to table the Board of Public Safety’s recommendation to award the Fire Headquarters’ Roof bid to the low bidder, Diamond, Inc., of Waterbury, Ct. until the Purchasing Agent had the opportunity to look into the history of the local bidder. Councilor Bascetta seconded the motion. Unanimous.
POLICE CRUISER BID #2680
On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the board voted unanimously to accept the Board of Public Safety’s recommendation to waive the bid process and purchase three police cruisers from Torrington Ford using budgeted funds in the Vehicle Replacement Account.
FIRE MARSHAL’S VEHICLE #2760
On a motion by Councilor Soliani, seconded by Councilor Reginatto, a discussion took place in regard to 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 and that all city vehicles in the Fire Marshal’s Office have city emblems placed on them. (See minutes of 10/9/02 - Tabled by Council on 11/4/02.)
Councilor Reginatto inquired on how many vehicles versus how many persons.
Deputy Chief Giampaolo indicated that there were two vehicles involved for the Fire Marshal and the Deputy Fire Marshal. The other Deputy Fire Marshal didn’t bring his vehicle home. He drove his own vehicle to and from work, and the only time he would be in a third vehicle would be on city business, i.e., inspections, etc.
Councilor Reginatto noted that the Fire Marshal did volunteer work in Burlington with the city vehicle. (He read the minutes of the Board of Safety meeting dated October 9, 2002.) He said he didn’t think the city’s vehicle should be used to go into another town, especially if he’s getting paid to work in that town. Secondly, he thought that vehicle could sit at the Fire Department, just like the one the other Deputy Fire Marshal used. He preferred placing both vehicles in Category “C” rather than Category “A,” as requested.
Mayor Quinn explained that a policy had been established whereby they had identified categories “A, B, & C” vehicles. The Fire Marshal and Deputy Fire Marshal’s vehicles were originally approved in Category B. Mayor Quinn said “After their discussion with you and the Fire Chief, and your deliberations, you have recommended that it not be in Category B, but that it be in Category “A,” and that your recommendation is to change that.”
Deputy Chief Giampaolo inquired why they would even be considering changing it to Category “C”, when he was presently in Category B, and the Chief and Deputy Chief, were recommending upgrading it to “A” status, based on the amount of responses of the Fire Marshal.
Mayor Quinn asked Deputy Chief Giampaolo to clarify his request for Category A.
Deputy Chief Giampaolo: Established that these vehicles and operators were at a B status, through conversation, and I agree that if anybody responds in the city from home in regard to fire calls and incidences, that both the Fire Marshal and Deputy Fire Marshal do it on a more frequent basis than myself and the Chief, and there’s no question about that. The administrative policy at the fire house dictates when the Fire Marshal must be called back for an investigation, and that could be at a car fire, it could be at anyone’s suspicion that something looks awry in a situation at a home, at an inspection, Saturday, Sunday, two o’clock in the morning, you name it. If the individual is at the Fire School, he would then have to go back home, pick up his vehicle and then come to the fire
house or to the call, wherever the call may be, delaying his response by a great deal. Often we wait before we begin the next overhaul process so that the Fire Marshal will get there and do his investigation. Legally, it keeps the city out of trouble when he’s there. He documents the issues that need to be documented before the evidence is contaminated.
Councilor Ruwet said “But you do have a Fire Marshal plus a Deputy Fire Marshal, so, if one is at the Fire School, the other one would respond. They don’t need to both respond to, are you saying that?”
Deputy Fire Chief Giampaolo: Often the whole Fire Marshal’s Office will come in for the most part. That typically is the scenario. They’re like detectives, photographing their evidence cans, they’re interviewing people, residents, going back to the fire house placing calls to key holders, home owners, property owners, so, typically, they’ll get at least one or two of these Fire Marshals in.
Mayor Quinn: “One of the things that was brought up at the Board of Safety is that all the equipment is stored in the Fire Marshal’s car, not in the Deputy Fire Marshal’s car.”
Deputy Chief Giampaolo: Yes, cameras. There’s a great deal of evidence collecting cans and cameras and gear that they have. It’s jammed with equipment.
Councilor Ruwet: I think the timing of this isn’t really good. As you’re looking at an economy that’s very difficult, to looking to increase the usage of vehicles, extended to other personnel. I think this Council is trying to be very conservative in its usage of those vehicles and, if, in fact, it’s continued with that personnel being under Category B and satisfactorily, then I think this Council has been fairly conservative in approving anything beyond that. I probably will not be supporting it for that reason.
Councilor Dalla Valle: “Is this a Union issue?”
Deputy Chief Giampaolo said “No.”
Councilor Dalla Valle: No Union issues involved in this. Nothing in the job description that says they need a vehicle to transport them back and forth to work or to have a vehicle at home . . . there’s nothing in their wording of their job descriptions?
Deputy Chief Giampaolo: “The Fire Marshal and the Deputy Fire Marshal, obviously they have a vehicle right up too now. I don’t know what the language was, there again, I would have to defer to Corporate Counsel for clarification on the usage and how they were presented these vehicles when they, in fact, were promoted and given these positions. You look to us for leadership and responsibility. It is a very responsible act. These are issues that we legislate over and it’s not frivolous by any means cause I know how tough the Council can be, as Councilwoman Ruwet brought out. I certainly wouldn’t be standing here this evening if I didn’t think that it was an important, and I believe by leaving them at the B, it prolongs their response to calls. And
they do respond frequently.”
Councilor Dalla Valle: “With all due respect, Councilman Reginatto’s suggestion doesn’t increase their response time . . . leave the vehicle at the department, put them in Category C.”
Deputy Chief Giampaolo: “Oh yes it does.”
Councilor Dalla Valle: “How.”
Deputy Chief Giampaolo: “I could do the same thing. No problem. Leave my vehicle there and when the call is around the corner from my house, I go to the fire house, start my car, get in it, wait, scrape it off, drive it to the block around here, right around the block. It’s an extra half an hour, while my guys are looking for the support that they need from me. We are an emergency response department.”
Councilor Dalla Valle: “So let’s go back to all the equipment being stored in the Fire Marshal’s car and the Fire Marshal is not available, where does the Deputy Fire Marshal get the equipment from?”
Deputy Chief Giampaolo:”Then the Deputy Fire Marshal uses the Fire Marshal’s car.”
Councilor Dalla Valle:”How’s he going to get that if he’s on vacation, if he’s away for the night having dinner with his family? How’s he going to get to that car?”
Deputy Chief: “He uses that car. That’s the purpose.”
Councilor Dalla Valle: ”How does he use the car? If you’re giving him Category A, how is he going to use the car?”
Deputy Chief: “The Fire Marshal has the Category A. The Deputy Fire Marshal would also be Category A.”
Councilor Dalla Valle: “Right, but, if all the equipment is in Category A, Fire Marshal, how does the Deputy Fire Marshal get . . . unfinished.”
Deputy Chief: “When the Fire Marshal goes on vacation, Category A, Deputy Fire Marshal has the Fire Marshal’s vehicle.”
Councilor Dalla Valle: “Let’s take a different scenario. If the fire is around the corner from your Deputy Fire Marshal, do you have to wait for a response from Burlington to come to that fire because all the equipment is in the Burlington car?”
Deputy Chief: “The Deputy Fire Marshal, in addition, carries, just like I carry a triage type of equipment for myself to respond to incidences. I don’t wait for the Chief to get there with all the equipment. When I’m trying to do the complete blown out investigation, yeah, the Fire Marshal has the stuff. Again, budget constraints, we don’t, it’s not a duplication of all that equipment. Digital cameras that one digital camera, if you’re looking to buy more, we certainly can do that.”
Councilor Dalla Valle inquired about the October 9 minutes that said “Commissioner Potter stated that rumor had it that Fire Marshal Tharau used the city car to perform his Fire Marshals’ duties in Burlington” and the response was “I’ve had to tend to calls before because I either came home, from work, or been out, and if there’s some thing, I would leave from there and come back here because this is my primary job”. In essence, he said he has responded to Burlington calls using the City of Torrington vehicle, and that was a concern.
Deputy Chief: “He may have misunderstood what Mr. Potter was asking cause he say’s he’s leaving from school . . . unfinished.”
Councilor Dalla Valle: “That’s another issue. The school is some place else in there. This is specifically about his Burlington job . . . that was the question, and he was responding saying yes, he has gone to Burlington calls using our vehicle, but if he were called to Torrington while he was on that call he would leave there immediately to come back here to his primary job. And I think that’s a concern of some of the members that he’s used that in Burlington at another job. I think that’s what’s making some people think that, maybe it shouldn’t be outside of the town being used. Again, that’s all based on what’s in here, it’s not something that we’re making up. It’s in the minutes of the meeting.”
Deputy Chief: “ I guess then that’s another meeting; that’s another issue. That’s an issue for the Mayor and the Chief to sit down with the Fire Marshal. I’m bringing an issue forward that I believe that the Fire Marshal and Deputy Fire Marshal should be raised to an A, and based on the information that I have and the experience, the twenty years that I have in the fire service, I can tell you that their response is imperative and important to our operation on a timely basis. Again, you want to discuss the other issue with the Fire Marshal, that’s not what I’m here to discuss.”
Mayor Quinn called for a vote. The motion was to approve the Board of Public Safety’s recommendation.
Councilors Soliani and Dalla Valle voted in favor of the motion. Councilors Reginatto, Ruwet and Bascetta opposed. On a 2-3 vote, the motion was denied.
PICK-UP TRUCK: STREET DEPT. #3750
On a motion by Councilor Dalla Valle, seconded by Councilor Bascetta, the board voted 4-1 to accept the recommendations from the Purchasing Agent and the Supervisor of Equipment Maintenance to purchase a 2003 3/4 ton extended cab pick-up truck for the Street Department from Bridgehaven Truck of Milford, Ct. for a total price of $23,973.00. Councilor Dalla Valle opposed. (State bid prices were not checked.)
PICK-UP TRUCK: PARKS DEPT. TAPE#2, #080
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted 4-1 to accept the recommendations from the Purchasing Agent and the Supervisor of Equipment Maintenance to purchase a 2003 3/4 ton pick-up truck for the Parks Department from Interstate Ford Truck of Hartford, Ct. for $19,175.00.
Councilor Dalla Valle opposed. (State bid prices were not checked.)
REFUND: HAROLD BEEBE #110
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted unanimously to authorize a refund of $439.47 from Sanitary Sewer Capital Improvement Fund #490 to Mr. & Mrs. Harold Beebe of 47 Jordan Lane for the overpayment of a sewer assessment fee, and referred it to the Board of Finance.
BISMARK CONSTRUCTION #120
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted unanimously to authorize the payment of $3,351.66 from T.H.S. Building Fund #285 to Bismark Construction Co. for payment Application #6.
BUILDING DEPARTMENT REPORT #130
On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the board voted unanimously to accept the Building Department Report for October 2002.
SMALL CITIES: REPUBLICAN-AMERICAN #140
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted unanimously to authorize the payment of $107.46 from Small Cities Fund #253 to the Republican American for a public hearing ad in regard to Small Cities.
SCOTTSDALE INSURANCE #150
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the board voted unanimously to authorize the payment of $2,312.69 from Contingency to Scottsdale Insurance Company for the deductible in the Carpenter matter and referred it to the Board of Finance.
EXECUTIVE SESSION #160
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the board voted unanimously to approve the request for Executive Session under Pending Litigation, Pending Claims, and Contracts.
BUSINESS: DEPT. HEADS #180
On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the board voted unanimously to consider business presented by Department Heads.
Mr. Rollett noted that the Street Department was still in an emergency response mode in regard to the recent ice storm. They were still in the process of making streets passable and safe for vehicular traffic. He was moving ahead in a cost effective and efficient manner as possible. Approximately $20,000.00 had already been expended from the storm budget. State and federal aid had been requested.
BUSINESS: MAYOR AND MEMBERS #380
On a motion by Councilor Ruwet, seconded by Councilor Dalla Valle, the board voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Reginatto requested adding an Executive Session to the Agenda by 2/3rds vote under Personnel. Councilor Dalla Valle seconded the motion. Unanimous.
Mayor Quinn congratulated Councilor Ruwet for her victory in the 65th district.
Councilor Dalla Valle reported an incident that occurred at his home to Mr. Rollett in regard to his recyclables and solid waste.
Mr. Rollett informed the Council that he had suggested putting together a Solid Waste Advisory Committee to look at those issues. It was his belief that the city had opportunities to increase services and reduce costs significantly in this area.
Councilor Dalla Valle noted from Mrs. Soliani’s Ordinance Committee report in regard to blight, that a scheduled meeting was held and he wasn’t aware that the committee had been formed.
Mayor Quinn indicated that the “scheduled meeting” was a misstatement and acknowledged Councilor Dalla Valle’s request to be a member of such committee. He reported meeting every Monday afternoon with department heads and people from the blight list in an effort to find out exactly what their plans were to remedy their blighted properties.
Councilor Soliani complimented the EOC on working so well together.
Mayor Quinn reported closing the EOC and emergency shelter at 5:00 p.m. He strongly believed that there was strength in numbers, and informed the Council that he had spearheaded an effort to include our neighboring towns when asking for emergency funds from the state and federal government.
EXECUTIVE SESSION #690
On a motion by Councilor Reginatto, seconded by Councilor Bascetta, the board voted unanimously to go into an Executive Session under Pending Litigation, Pending Claims, Contracts, and Personnel at 9:27 p.m., and invited Robert Crovo, the Tax Collector, under contracts.
ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
Robert Crovo left the executive session at 9:55 p.m.
On a motion by Anne Ruwet, seconded by Richard Dalla Valle, the board went into open session at 10:45 p.m.
On a motion by Richard Dalla Valle, seconded by Anne Ruwet, the board authorized the Corporation Counsel to settle the Mark Sevetz lawsuit for $75,000.00.
On a motion by David Bascetta, seconded by Richard Dalla Valle, the board authorized the payment of $15,890.33 from the Southwest School Building account to Bismark Construction to resolve all outstanding change order issues.
On a motion by Richard Dalla Valle, seconded by James Reginatto, the board adjourned at 10:47 p.m.
ALBERT G. VASKO
Corporation Counsel
| 
