MINUTES
CITY COUNCIL & WPC AUTHORITY
SEPTEMBER 15, 2003
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, September 15, 2003, in the Council Chambers.
Those in attendance included Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Marie P. Soliani, David M. Bascetta, Richard E. Dalla Valle, and James D. Reginatto, Corp. Counsel Albert Vasko, Comptroller Alice Proulx, City Engineer Edward Fabbri, Purchasing Agent Charlene Antonelli, Superintendent of Equipment Maintenance Michael Michaud, Inland Wetlands Enforcement Officer Kimberly Barbieri, and Deputy Fire Chief Jaye Giampaolo.
Mayor Quinn called the meeting to order at 6:33 p.m.
MINUTES #020
On a motion by Councilor Soliani, seconded by Councilor Jerram, the Council voted unanimously to accept the minutes of the joint meeting with the Board of Finance held 9/8/2003.
OPEN TO THE PUBLIC #025
On a motion by Councilor Reginatto, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public.
Joseph Brzoska, 50 Cantor Lane, a member and representative of the executive board at Torringford Farms, urged the Council to approve Item #7 on the agenda, “Vote to authorize the payment of $5,500.00 from Contingency toward the Torringford Farms Pond Resolution.”
Jason Noad, Burrville Volunteer Fire Chief, on behalf of the Fire Service Coordination Committee, stated that the committee was formed in 1997 under the administration of Dee Donne to open lines of communication between the three volunteer departments, the city’s career department, and the Board of Public Safety, and had been very successful in the missions that it had undertaken. During Mayor Gryniuk’s administration, the committee was given the task of creating an apparatus rotation / replacement program. The original plan was for the city to purchase an apparatus every three years and to rotate a six-year apparatus to the volunteers. A discussion was held on whether that was the best option, or if it would be better to buy each volunteer department an apparatus they needed if funds
were available. Either way, the numbers still worked out to be the same. The plan began and this Council approved $185,000.00 for two or three years and then reduced it to $144,000.00. Since then the volunteers had been cut. To his knowledge, the volunteers were no longer included in that plan, and the original plan created by the Fire Service Coordination Committee no longer existed.
Chief Noad inquired what happened to the original plan. Secondly, if a new plan does exist, are the volunteers included? He pointed out that the volunteers needed to know one way or another.
Mayor Quinn indicated that there was a plan in place whereby the Chief and Deputy Chief had evaluated fire needs for the next fifteen or sixteen years. It was his understanding that it was not the Chief’s recommendation that a roll-out system be included in the new plan, but rather an allocation, which he believed was $100,000.00 for each department for purchases of volunteer equipment. That plan had gone before the Board of Public Safety and will be discussed by the City Council and the Board of Finance as soon as Chief Field puts it on their agenda. This was the only plan he was aware of in regard to vehicle roll-out or replacement. Although the plan had gone through some changes, Mayor Quinn assured the volunteers that they were included in the plan financially.
Michael Alciati, 171 Charles Street, requested an update on the city’s resolution to a drainage ditch on his property.
Corp. Counsel Vasko informed him that the city had finally reached an agreement with the key property owner for an easement. Mr. Alciati would be given his easement documents to sign in the next week or so. Thereafter the project would move forward.
Mr. Alciati thanked the Board and Mr. Vasko.
Drake Waldron introduced himself as the recommended choice of the Republican Town Committee to replace Councilor David Bascetta who will resign from the Board of Councilmen as of October 1.
Mayor Quinn informed Mr. Waldron that the City Council will vote on Mr. Waldron’s appointment to the Board of Councilmen on October 6, 2003.
FIREFIGHTER BADGES, PINS & NAME TAGS #310
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council, after a brief discussion, voted unanimously to accept the Board of Safety’s recommendation to award the “Firefighter Badges, Lapel Pins & Name Tags” bid to the low bidder, New England Uniforms of Danbury, CT.
PUBLIC HEARING: LOCAL LAW ENF. BLOCK GRANT #410
On a motion by Councilor Bascetta, seconded by Councilor Jerram, the Council voted unanimously to accept Officer Vannini’s request to schedule a public hearing date of October 6, 2003, in order to receive the Local Law Enforcement Block Grant provided by the Bureau of Justice Assistance to reduce crime and improve public safety. The public hearing would begin immediately following a public hearing already scheduled for 7:00 p.m.
SNOW PLOWS BID #420
On a motion by Councilor Soliani, seconded by Councilor Bascetta, the Council voted unanimously to accept the recommendations from the Purchasing Agent and the Superintendent of Equipment Maintenance to award the “Seven Snow Plows” bid to Big Son II, LLC, d/b/a Equipment Services for a sum of $32,865.00.
ACTUARIAL SERVICES #460
On a motion by Councilor Bascetta, seconded by Councilor Soliani, a discussion took place in regard to the Purchasing Agent’s recommendation to award a contract for Alternative #2 to Mercer Risk, Finance & Insurance Company of Melville, NY for the Actuarial Services for Vehicles & Large Equipment.
Purchasing Agent Antonelli stated that this item had gone to bid twice, with first time resulting with no response, and the second time one response from Mercer Risk, Finance & Insurance Co.
She informed the Council that she had a change of heart since the agenda was put together. She was uncertain its value was worth $18,000.00. She explained that Mercer Risk would be asking the city to do most of the work to get information to them so they could put numbers together. The one thing the city was looking for to determine the needs of the city in X number of years, with respect to the kinds of equipment we should have in our vehicle replacement account, was not included in this proposal. The proposal called for the city to inform them of our needs and they would do the actuarial study to determine how to fund those needs.
Ms. Proulx agreed with Mrs. Antonelli that this study would not fill the needs or provide the information the city was seeking in regard to the overall picture of vehicle replacement and what the costs would be. She suggested establishing a committee of professionals who might be able to evaluate those needs for the city, and further suggested that perhaps our auditors could assist us with how to fund the vehicle replacement plan.
Councilor Soliani inquired whether she was suggesting a volunteer or a paid committee.
Ms. Proulx suggested that perhaps a committee of volunteers from various fields, i.e., Public Safety, Public Works, could get together to come up with a solution.
Councilor Dalla Valle didn’t feel the city needed to spend any funds on this matter when we already had people who had been working on this for years who were doing a fine job.
Mrs. Antonelli stated that most of the decisions in the past had been left to Mike Michaud to make, and he is somewhat uncomfortable being the only person to rely on. He’d like to have someone from the outside saying what the city needs to purchase.
Councilor Dalla Valle expressed great confidence in Mr. Michaud.
VOTE TO OPPOSE #690
On the same motion the Council voted unanimously to oppose the Purchasing Agent’s recommendation to award a contract for Alternative #2 to Mercer Risk, Finance & Insurance Company of Melville, NY for the Actuarial Services for Vehicles & Large Equipment.
TORRINGFORD FARMS #700
On a motion by Councilor Jerram, seconded by Councilor Reginatto, the Council, after hearing an explanation from Kim Barbieri, voted unanimously to authorize the payment of $5,500.00 from Contingency toward the Torringford Farms Pond Resolution and referred it to the Board of Finance.
During a discussion Councilor Dalla Valle said he was uncomfortable spending $5,500.00 of the city’s money to go on private property.
Ms. Barbieri indicated that the city wasn’t going on private property but merely paying a percentage of the $20,000.00 to have the work done.
SIDEWALKS ALONG EAST MAIN STREET #870
On a motion by Councilor Jerram, seconded by Councilor Soliani, a discussion took place in regard to the City Engineer’s memo dated September 4, 2003 in regard to the sidewalks along East Main Street.
Councilor Jerram inquired whether the $50,000.00 to $60,000.00 included any of the projected costs to acquire right-of-ways.
Mr. Fabbri explained that only the schematic drawings had been done, and in order to project how many right-of-ways the city would need, final drawings will be required. The state needed to know whether or not the city was interested in moving forward with the sidewalks in order for them to figure out how many right-of-ways they were going to need. It could be $50,000.00 or $60,000.00 for our share of the cost of the concrete alone. He pointed out that the city may run into problems obtaining right-of-ways because the corridor is very narrow and businesses are very close to the street. There are areas that the sidewalk will fit without a problem. The sidewalk is projected to run from Torringford West Street to Greenridge Road on both sides of the street.
Councilor Bascetta inquired whether the City Planner had any comments on the matter.
Mr. Fabbri stated that he had discussed the matter with Mr. Connor. Mr. Fabbri has considered installing a sidewalk on only one side of the road. However, Mr. Connor was adamant to have sidewalks on both sides of the road. Additionally, any new businesses developed in the area would have to incorporate sidewalks so the extension of sidewalks would occur all the way up and down the street.
Councilor Soliani inquired whether the sidewalks would go down East Main Street from the Torringford and Torringford West Street intersection.
Mr. Fabbri explained that the intersection already had sidewalks and the state had committed to replacing them regardless of whether the city decided to move east with the extension or not.
Councilor Dalla Valle inquired why sidewalks would even be considered when there are no residential homes in the area.
Mr. Fabbri pointed out that several people had requested sidewalks in that area.
Ms. Barbieri explained that calls coming in from people requesting sidewalks were mostly from the elderly who live in the condominiums behind BJ’s and the elderly housing on the other side of Torringford West Street who like to walk. They don’t walk now because it’s extremely unsafe, however, if a safe environment was provided, more people would walk.
Mr. Fabbri explained that the federal government would pay 80% and the city would be responsible for 20% of the cost of the sidewalks. The state had no funds to pay for sidewalks because they were not included in the scope of their plans. The city would have to commit to the project at this time in order for the state to incorporate them in their design, even though it will be several years before the project begins.
Councilor Jerram indicated that some of the rights-of-way could be quite costly. It’s difficult to commit to something when there’s an unknown factor that could easily triple the estimated cost.
Corp. Counsel Vasko asked Mr. Fabbri if he could check with the DOT to see if the city could back out of the project if and when the city finds out that the cost is too high.
Mr. Fabbri said he could talk with the DOT again. However, the city would still be committed to the 20% of the design costs. That would be minimal compared to the construction costs and costs for right-of-ways.
Councilor Reginatto stated that he attended the public hearing on this matter and pointed out that many business owners expressed their concern over losing any of their property.
Mr. Fabbri explained that he asked the DOT to look at parking in the rear for many of those businesses and to make that part of the project. That would eliminate the problem of cars backing out onto East Main Street from their present parking lots.
Mayor Quinn recommended tabling the matter until Mr. Fabbri could get more information from the DOT before we did anything on design or construction.
Councilor Soliani made a motion to table the matter. There was no second.
VOTE TO OPPOSE #1440
The board voted unanimously to oppose the inclusion of sidewalks to the Route 202 widening, at Torringford West Street project.
Councilor Jerram indicated that he wouldn’t be opposed to bringing it back up for a public hearing to address concerns from people who would be affected when the city has a better idea on design versus construction costs.
COMPLETE CONSTRUCTION CO. #1470
On a motion by Councilor Bascetta, seconded by Councilor Jerram, the Council voted unanimously to accept the City Engineer’s recommendation to award a contract to Complete Construction Co., in the amount of $694,010.00 for the East Main Street Sanitary Sewer Project from the Mobile gas station to intersection of Torrington Heights.
Based on Mr. Fabbri’s recommendation not to select the low bidder, Trumbull Construction, due to poor performance on work performed on Highland Avenue, Perkins Street and West Horace Street, Councilor Dalla Valle inquired whether the city had retained any funds from Trumbull to fix any of the problems they had created.
Mr. Fabbri informed the council that Trumbull Construction still had punch list items to complete, that to date is still not done.
Corp. Counsel Vasko stated that the city had a retainer for accomplishing punch list items, as well as bonds with their insurance company to complete the work if they don’t.
SMALL CITIES: L WAGNER & ASSO. #1530
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $16,247.50 from Small Cities Fund #265 to L. Wagner & Asso. for professional services rendered from 4/1/03 through 6/30/03.
SMALL CITIES: SAFE HOMES #1540
On a motion by Councilor Bascetta, seconded by Councilor Reginatto, the Council voted unanimously to authorize the payment of $1,150.00 from Small Cities Fund #263 to Safe Homes for four risk assessments.
GORDON, MUIR & FOLEY #1550
On a motion by Councilor Bascetta, seconded by Councilor Reginatto, the Council voted 4-1 to authorize the payment of $928.00 from Contingency to Gordon, Muir & Foley, LLP for professional services rendered in the Southwest School matter and referred it to the Board of Finance. Councilor Dalla Valle opposed the motion.
Councilor Dalla Valle inquired whether Corp. Counsel Vasko could handle this case rather than pay for an outside attorney.
Corp. Counsel Vasko indicated that the Southwest School Building Committee hired attorney Reid to represent the city in this matter several years ago and it was approved by the City Council.
Councilor Bascetta, member of the Southwest School Building Committee, didn’t recommend changing attorneys in the middle of a suit.
SALARY INCREASES FOR ELECTED POSITIONS #1620
On a motion by Councilor Reginatto, seconded by Councilor Jerram, a discussion took place in regard to salary increases for elected positions of Mayor, City & Town Clerk and Treasurer. (Tabled on 8/4/03 & 9/2/03)
Councilor Reginatto made a motion to table the matter until they had a full board present. There was no second to the motion.
TREASURER #1680
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to grant the Treasurer’s position a 3.5% raise for both years of office, beginning in December 2003 and again in December 2004.
CITY CLERK #1830
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to grant the Town & City Clerk’s position a 3.5% raise for both years of office, beginning January 2004 and again in January 2005.
MAYOR #1860
Councilor Soliani made a motion to grant the Mayor’s position a 3.5% raise for both years of office, beginning in December 2003 and again in December 2004. Councilor Bascetta seconded the motion.
Councilor Reginatto said he was looking to remove the vehicle from the Mayor’s position.
Councilor Soliani indicated that her motion did not include removing the vehicle.
Councilors Jerram, Soliani and Bascetta voted in favor of the motion. Councilor Reginatto opposed the motion. Councilor Dalla Valle abstained.
SOLID WASTE DISPOSAL FEES / BUDGET TRANSFERS #1920
On a motion by Councilor Bascetta, seconded by Councilor Jerram, a discussion took place in regard to the nonresidential solid waste disposal fees / budget transfers.
Councilor Jerram asked Corp. Counsel Vasko to give the Council a shorter version of his opinion specifically relating to any transfers in excess of $100,000.00 for existing budgeted items as it related to tipping fees.
Corp. Counsel Vasko indicated that his written legal opinion was in agreement with the opinion he wrote on September 2 where the Board of Finance couldn’t make a transfer more than $100,000.00 in the budget unless it was approved by referendum. The Council couldn’t make a transfer in excess of $100,000.00 whether it’s an expenditure not included in the budget or a transfer from one line item to another.
Councilor Jerram indicated that he was most interested in the last paragraph of his opinion whereby the Council transferred $208,000.00 to cover municipal solid waste fees in excess of the budgeted item, and that vote was from Contingency and approved by both, the Council and the Board of Finance. In looking at the budgeted line item for disposal and what they were trying to accomplish, Councilor Jerram asked Atty. Vasko how he differentiated between the two?
Corp. Counsel Vasko indicated that the transfers of $208,000.00 were done at the end of the year, per our Auditor’s request, to cover the shortfall in that line item from last year’s budget. Any over expenditures have to be made up at the end of the year by making transfers to arrive at a balanced budget because the budget was approved and the city can’t spend more than what’s budgeted. During the September 2 meeting, the Council attempted to rescind the original vote regarding tipping fees which in effect created an approximate one million dollar shortfall in this budget. Paying for an over expenditure at the end of the year that was unanticipated is one thing, but making a decision that immediately creates a million dollars that needs to be made up in this year’s budget is
quite different.
Councilor Jerram said “I find it interesting then, that you’ve gone back to the million dollar budget that was included in the minutes in the Mayor’s original proposal, yet the number of $1.4 million has been used to exacerbate an already bad situation, and if the original intent was the million dollars that the Mayor in his budget address anticipated saving, then we create a $400,000.00 number or more that is unbudgeted and unanticipated and not part of our original planning process. So, how would we manage that additional $400,000.00 in terms of, if I understand it, because of your ruling, we either appeal your ruling to another lawyer, we go to a referendum or we leave the status quo prior to September 2, but it opens another issue that we have $400,000.00 or more and Gerry Rollett told us that number could go even higher, so we have an unanticipated expense that I think might fall under your explanation that these things were budgeted but not planned for.”
Councilor Jerram pointed out that perhaps trash was coming in from outside our borders that we were asking someone to pay for that’s not their responsibility. It’s the city’s responsibility if we’re not handling it properly. How is that issue addressed?
Corp. Counsel Vasko indicated that trash coming in from outside our borders stopped when the city stopped paying for it.
Councilor Dalla Valle pointed out that Corp. Counsel Vasko had no problem naming him and Councilor Reginatto in his legal opinion, but failed to mention Board of Finance member Roger Dickinson as the other person who brought the question forward on whether or not the Council’s 2-1 vote was legal.
Corp. Counsel Vasko indicated that a number of individuals had brought that question forward. He pointed out that question had some bearing on the second part of his legal opinion.
Councilor Dalla Valle asked whom it was raised by.
Corp. Counsel Vasko indicated that there had been some discussion during a City Council meeting whether a 2-1 vote was legal, and Councilor Bascetta had said it was o.k. because there was a quorum. Atty. Vasko just wanted to clarify that in his opinion because his opinion, in part was based upon the May 20th vote, whether a 2-1 vote was legal.
Councilor Dalla Valle stated that Robert’s Rules of Order would rule.
Councilor Dalla Valle said he objected to the inconsistencies of the May 20th and September 2nd legal opinions because, members who were made to recuse themselves on September 2nd shouldn’t have voted on May 20th either, because they both came down to the same issue. According to Corp. Counsel Vasko’s legal opinion, the May 20th vote wasn’t even necessary.
Corp. Counsel Vasko indicated that was correct, the May 20th vote didn’t have to take place.
Councilor Dalla Valle said, “So then that puts us back in a position where you’re saying it was a budgetary item and that these two gentlemen who had to recuse themselves on September 2nd didn’t have to recuse themselves because it was a budgetary item.”
Corp. Counsel Vasko indicated that the vote on September 2nd was null and void because the Council didn’t have the authority to do it, and didn’t need to do it to begin with.
Councilor Dalla Valle asked, “I would ask again, only that if it was going to benefit them in one way there, why wasn’t it going to benefit them in the other way previously, whether it was a budget vote or any other vote, it’s still directly related to two businessmen who have dumpsters.” It was his belief that Corp. Counsel Vasko’s opinions were inconsistent with each other. If the May 20th vote was no good, then he felt better about it because he voted against the budget, including the $1.4 million that he had been touted as being the author of.
Mayor Quinn stated that the Council had three options: They could accept the legal opinions, refute the legal opinions which would take further action or decisions, otherwise, it would remain as it was on May 22nd, (sic May 20), or if they chose to do something else, it would need a referendum.
No action was taken.
LETTER OF RESIGNATION: DAVID BASCETTA #2460
On a motion by Councilor Jerram, seconded by Councilor Reginatto, the Council voted unanimously to accept the letter of resignation from David M. Bascetta as Councilman, effective October 1, 2003.
Councilor Bascetta read his letter of resignation for the record. Mayor Quinn and the Council wished him well in his new endeavors as Director of Facilities for Torrington’s Board of Education.
APPOINTMENT OF DRAKE L. WALDRON #2560
Mayor Quinn stated that the appointment of Drake L. Waldron would be acted upon following the October 1st effective date of David Bascetta’s resignation.
BUS: DEPT. HEADS #2560
On a motion by Councilor Jerram, seconded by Councilor Reginatto, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #2630
On a motion by Councilor Bascetta, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Reginatto inquired whether the Council would be receiving a copy of the Vehicle Replacement Plan for all departments, including the Board of Safety’s documents.
Ms. Proulx stated that they were planning to review the entire document and go from there.
Councilor Jerram indicated that he had previously requested a complete list of vehicles and that such a list would go in hand with the plan that was being modified.
Mayor Quinn asked Ms. Proulx to work with Mike Michaud on an updated list of vehicles for Councilor Jerram.
Secondly, Councilor Jerram indicated that Officer Shopey, as well as many residents, had come before the Council to express their concerns about traffic crossings in a number of areas in the City of Torrington. It was also pointed out that the traffic signals were based on a ten or eleven-year-old traffic count and inquired about the city’s status to get the traffic signals brought up to 2003 standards.
Councilor Bascetta said it was his belief that traffic counts were being taken in all areas of the city at this time.
Councilor Jerram stated that traffic counts are taken every three years and the last time it was done in Torrington was in 1999 or 2000. Clearly, we have a lot of downtown congestion because our traffic signals are based on old data. He requested adding this item to the next Board of Public Safety’s agenda.
Mayor Quinn noted that his request would be given to the Board of Public Safety.
Councilor Dalla Valle indicated that he had received a call from someone concerned about more leaks in the roof and poor air quality at the middle school and mold in the high school. Even ground water was seeping into the building. Although a lot of work had been done and a lot of money had been spent, they needed to stay on top of this matter.
He stated that he was present during the last Board of Public Safety meeting when Chief Field made his presentation on vehicle replacement and it was his understanding that it was supposed to have been on this week’s Council agenda.
Deputy Chief Giampaolo indicated that it would be on the October 6th agenda.
Councilor Dalla Valle inquired whether Chief Field’s presentation included a request from the Council to add monies to the volunteer fire departments for vehicle replacement.
Deputy Chief Giampaolo indicated that there was such a request in the presentation.
Councilor Soliani indicated that it had been a pleasure working with Councilor Bascetta during the past two years and that he would be missed.
Councilor Bascetta indicated that Mayor Quinn and Jerry Rollett had an open door policy to anyone who might have an alternative to the current status of the tipping fees.
Mayor Quinn stated that he had spoken to haulers and would continue to do so. He believed Mr. Rollett had pro-active ideas including the possibility of having a consultant come in to help the business community evaluate their trash and / or their needs.
On a personal note, Mayor Quinn thanked Councilor Bascetta for his years of service to the city and welcomed back Councilor Soliani after being ill.
EXECUTIVE SESSION # 2990
On a motion by Councilor Reginatto, seconded by Councilor Jerram, the Council voted unanimously to go into an executive session at 7:50 p.m. for an update on Pending Litigations.
ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
OPEN SESSION
On a motion by Richard Dalla Valle, seconded by James Reginatto, the board went into an open session at 8:12 p.m.
On a motion by Richard Dalla Valle, seconded by David Bascetta, the board adjourned at 8:12 p.m.
ALBERT G. VASKO
Corporation Counsel
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