MINUTES
CITY COUNCIL & WPC AUTHORITY
JANUARY 5, 2004
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, January 5, 2004, in the Council Chambers.
Attending included Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Marie P. Soliani, James F. McKenna, Virginia K. Kovaleski, and Drake L. Waldron, Corp. Counsel Albert Vasko, City Engineer Edward Fabbri, Tax Assessor Brian Lastra, Purchasing Agent Charlene Antonelli, Superintendent of Equipment Maintenance Michael Michaud, WPC Administrator Raymond Drew, City Labor Counsel Atty. Victor Muschell, and Board of Education members Ronald Bourque, Dawn Lambert, Douglas O’Connell, and Robert Kelly. Absent was Councilman Paul F. Samele, Jr.
Mayor Quinn called the meeting to order at 6:36 p.m.
MINUTES #020
On a motion by Councilor Jerram, seconded by Councilor Kovaleski, the board voted to accept the minutes of the regular meeting held December 15, 2003.
OPEN TO THE PUBLIC # 030
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to open the meeting to the public.
Michael Mallick and Bridget Beauchaine, Sharon Avenue residents spoke briefly once again in regard to the water and/or ice situation on their street. Ms. Beauchaine reported that her mail would no longer be delivered to her home if the mailman had to drudge through water, ice or mud.
TORRINGTON BOARD OF EDUCATION AND TORRINGTON EDUCATION ASSOCIATION AGREEMENT FOR 3RD AND 4TH YEAR OF 2002-2006 COLLECTIVE BARGAINING AGREEMENT #130
The City’s Labor Counsel Victor Muschell gave a brief overview and explained the changes to the 3rd and 4th year of the contract that dealt only with salary and insurance benefits. The Board of Education felt the agreement provided for a fair and reasonable salary increase as well as a fair and reasonable reduction on insurance costs. The net cost to the Board of Education for the additional salaries, minus the savings from the insurance reduction is about $700,000.00, or a little more than 3% of the base. The cost for salaries and insurance is currently $23 million. That cost will increase approximately 3% in the first year and 3.6% in the second year. The current budget for the Board of Education is $46 million, whereby salaries and benefits comprise
about 50% of that total. In general terms, the 3% increase in cost for salaries and benefits translate to a 1.5% increase to the total budget.
Atty. Muschell indicated that the proposed agreement was slightly lower than the marketplace where settlements were ranging in the four 1/4% to four 1/2% average range. Failure to settle a contract brings it to binding arbitration and arbitrators look at the marketplace to make their decision. The Board of Education felt it was prudent to avoid the arbitration process.
Atty. Muschell indicated that the first two years of this contract carried a 5% range in salary increase as compared to about 1% less this time around. Additionally, there is no general wage increase applied to the steps.
Atty. Muschell stated that there was no obligation for the Council to approve the contract. They did, however, have the opportunity to reject the contract within thirty days of submission to them, which was December 16th. Atty. Muschell and the Board of Education urged the Council not to reject it in order to avoid arbitration.
Councilor McKenna inquired whether any other arbitrations had been awarded.
Atty. Muschell indicated that perhaps seven or ten had already been awarded with an average of 4%, none of which, he believed, were from the Litchfield County.
Councilor Kovaleski inquired as to the percentage of staff at the top step.
Atty. Muschell said 60% of the staff was at the top step. Those at the top step will receive a 2.9% wage increase in the first year and 3% in the second.
Councilor Jerram inquired how a net increase of $700,000.00 in wages and potential cuts would impact the Board of Education budget in terms of staff. He expressed his concern over such an increase when so many people were facing an uncertain future.
Douglas O’Connell indicated that this would not be an easy increase to absorb and it was something they would have to explore.
Dawn Lambert said the bottom line is that the primary cost driver of their budget is the teacher’s salaries and how it’s resolved to make sure it’s not totally on the backs of the city’s taxpayers is a big problem, not only in Torrington, but in the State of Connecticut.
The question of how escalating costs for the teacher’s salaries impacts the city is a legitimate question and the Board of Education did the best they could with the existing system. Where they will address that question, will be critical. The Board of Education thinks it’s a big problem that needs to be addressed in Hartford.
No action was taken by the City Council on the Torrington Board of Education and Torrington Education Association Agreement for 3rd and 4th year of 2002-2006 Collective Bargaining Agreement.
SCHEDULE PUBLIC HEARING #1010
On a motion by Councilor McKenna, seconded by Councilor Waldron, the board voted to schedule a public hearing for February 2, 2004 at 7:00 p.m. for Small Cities Community Needs.
LITCHFIELD FORD #1030
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to accept the Purchasing Agent’s recommendation to purchase a 2003 Ford Taurus from Litchfield Ford for the Superintendent of Equipment Maintenance for a purchase price of $12,939.00.
The superintendent of Equipment Maintenance, Michael Michaud, stated that this vehicle was being purchased to replace the one involved in an accident and scheduled to be replaced six months from now. The city had received $4,600.00 from the insurance company and the remaining $8,300.00 was in the vehicle replacement account.
ALFREDO’S DELI #1100
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted to approve a one year extension to Alfredo Viscariello’s contract (Alfredo’s Deli) to serve as the concessionaire at Fuessenich Park for the 2004 season.
RESOLUTION: COMMUNITY HEALTH & WELLNESS CENTER #1150
On a motion by Councilor Kovaleski, seconded by Councilor McKenna, the board voted to adopt a Resolution in regard to an application for a Small Cities Community Development Block Grant for the Community Health and Wellness Center of Greater Torrington.
CERTIFIED RESOLUTION OF THE CITY OF TORRINGTON SMALL CITIES PROGRAM
Certified a true copy of a resolution adopted by the City of Torrington at a meting of its City Council on January 5, 2004, and which has not been rescinded or modified in any way whatsoever.
WHEREAS, Federal monies are available under the Connecticut Small Cities Community Development Block Grant Program, administered by the State of Connecticut, Department of Economic and Community Development pursuant to Public Law 93-383, as amended; and,
WHEREAS, Pursuant to Chapter 127c, and Part VI of Chapter 130 of the Connecticut General Statutes, the Commissioner of Economic and Community Development is authorized to disburse such Federal monies to local municipalities; and,
WHEREAS, it is desirable and in the public interest that the City of Torrington make application to the State for $300,000.00 in order to undertake a Small Cities Community Development Program and to execute an Assistance Agreement therefore, should one be offered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That it is cognizant of the conditions and prerequisites for State Assistance imposed by Part VI of Chapter 130 of The Connecticut General Statutes; and,
That the filing of an application by the City of Torrington in an amount not to exceed $300,000.00 is hereby approved, and that the Mayor is hereby authorized and directed to file such application with the Commissioner of the Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required by the Commissioner, to execute an Assistance Agreement with the State of Connecticut for state financial assistance if such an agreement is offered, to execute any amendments, recessions, and revisions thereto, to implement project activities, if approved, and to act as the authorized representative of the City of Torrington.
P & G PEPPER #1170
On a motion by Councilor Soliani, seconded by Councilor Waldron, the board voted to authorize the payment of $2,071.00 from Sanitary Sewer Capital Improvement Fund #490 to P & G Pepper Construction Services, Inc. for work done on Cedar Lane to repair the forced sewer main, and referred it to the Board of Finance.
P & G PEPPER #1180
On a motion by Councilor Kovaleski, seconded by Councilor Soliani, the board voted to authorize the payment of $1,896.45 from Sanitary Sewer Capital Improvement Fund #490 to P & G Pepper Construction Services, Inc. for repairing the sanitary sewer manhole at 604 Westledge Drive, and referred it to the Board of Finance.
COMPLETE CONSTRUCTION CO. #1190
On a motion by Councilor Soliani, seconded by Councilor McKenna, the board voted to authorize the payment of $290,769.65 from the Northwest Interceptor Fund #302 to Complete Construction Company for Sanitary Sewer Improvements on the East Main Street / New Harwinton Road, and Phase 1 from Columbus Road to Torrington Heights Road.
SMALL CITIES: CITY OF TORRINGTON #1210
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted to authorize the payment of $300.00 from Small Cities Fund #275 to the City of Torrington for performing four limited title searches.
(The following item was removed from the Agenda, per City Engineer Ed Fabbri) Vote to authorize the payment of $201.00 from Small Cities Fund #276 to Independent Material Testing Laboratories for testing done at the Senior Center garage project.
SMALL CITIES: PROJECT 143-139 #1230
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted to authorize a change order in the amount of $1,300.00 from Small Cities in regard to Project 143-139.
SECTION B #1240
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to consider business in Section B.
GORDON, MUIR & FOLEY #1260
On a motion by Councilor Kovaleski, seconded by Councilor Waldron, the board voted to authorize the payment of $2,465.00 from Contingency to Gordon, Muir & Foley, LLP for professional services rendered in the Southwest School matter and referred it to the Board of Finance.
ANTI-BLIGHT FINES #1280
On a motion by Councilor Soliani, seconded by Councilor Jerram, the board voted to levy anti-blight fines on property located at 139 Wall Street owned by Newton J. Legeyt in the amount of $198.00 per day.
Corp. Counsel Vasko informed the board that the bank took title by foreclosure in November, then re-opened the foreclosure action and withdrew it.
Councilor Jerram inquired how long they would allow the fines to accumulate before they take action.
Corp. Counsel Vasko stated that a lien could be placed on the property and foreclosure action could begin once the fines started to accumulate.
Mayor Quinn stated that one of the items the Council will consider during the Small Cities Public Hearing on Community Needs on February 2 will be a project to take over properties and clean them up.
Councilor Jerram thought it was important for the Council to show neighbors of blighted properties that they were willing to act on blight in a swift and fashionable manner.
RESOLUTION: WHEELCHAIR ACCESSIBLE MOTOR VEHICLE #1400
On a motion by Councilor Waldron, seconded by Councilor McKenna, the board voted to adopt a Resolution to authorize the Mayor to execute the Agreement Between the State of Connecticut and the City of Torrington Sullivan Senior Center for a Cash Grant Toward the Purchase of Wheelchair Accessible Motor Vehicle(s) For Services to Elderly and/or Disabled Persons.
RESOLUTION
Resolved, that Owen J. Quinn, Mayor, be and hereby is, authorized to sign the agreement entitled Agreement Between the State of Connecticut and the City of Torrington / Sullivan Senior Center for a Cash Grant Toward the Purchase of Wheelchair Accessible Motor Vehicle(s) For Services to Elderly and/or Disabled Persons. Said Mayor is hereby further authorized to execute any and all amendments or addendums to said agreement.
Adopted by the Board of Councilmen of the City of Torrington this 5th day of January 2004.
DIAMOND STATE INSURANCE CO. #1430
On a motion by Councilor Jerram, seconded by Councilor Kovaleski, the board voted to authorize the payment of $491.63 from Contingency to Diamond State Insurance Company for the city’s deductible in the Hayes matter and referred it to the Board of Finance. (This payment is for the cost of the deposition from Mr. Hayes which was taken in mid-Dec.)
BUSINESS: DEPT. HEADS #1450
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to consider business presented by Department Heads.
Tax Assessor Brian Lastra addressed the Council in regard to bankruptcy litigation with K-Mart. He explained that K-mart was attempting to reduce its personal property tax bill for 2001 by $8,656.60. They have a case pending in the U.S. Bankruptcy Court for the northern district of Illinois and Chicago whereby they are trying to use the bankruptcy code to reduce their personal property assessment and taxes as opposed to filing the normal Board of Appeals grievance, which they should have done in March of 2002.
Mr. Lastra stated that K-Mart was attempting this maneuver on seventeen towns in Connecticut. A group of ten municipalities were interested in a joint defense. These ten towns have been in discussion with the law firm of Murtha, Cullina, LLP who has offered to represent them at a cost of $17,000.00, or $1,700.00 per town. Basically, the city would look to spend $1,700.00 to save $8,656.00. Mr. Lastra indicated that he had the funds in his Contract Services Account to cover that type of fee. His recommendation was to authorize him and Corp. Counsel Vasko to enter into an agreement to hire the law firm of Murtha, Cullina, LLP to represent the city concerning K-Mart’s complaint with respect to its 2001 personal property taxes.
ADD TO AGENDA #1720
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to add the Tax Assessor’s recommendation in regard to K-Mart to the agenda by 2/3rds vote.
MOTION #1750
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to accept the Tax Assessor’s recommendation that the City of Torrington join the other nine municipalities at the cost of $1,700.00 per town. Councilor Kovaleski made certain the motion clearly specified a payment of “no more” than $1,700.00 to Murtha, Cullina, LLP.
During further discussion, Councilor McKenna inquired whether each town had veto power.
Mr. Lastra indicated that each town will be asked whether or not it approves their last best offer. If the settlement is unacceptable, the town could back out and go in a different direction.
Councilor Soliani inquired whether the law firm would accept the case if several towns dropped out.
Councilor Jerram inquired where we stood on the list of creditors that would be in, in order to receive funds ahead of someone else.
Corp. Counsel Vasko stated that the Tax Collector had filed Proof of Claims with the Bankruptcy Court. He has paid the city this money, so if K-Mart was successful, we would be refunding him the money.
Mr. Lastra indicated that the law firm was looking for a fee of $17,000.00. The cost to each individual town would increase if towns dropped out. He wouldn’t know for certain how many towns would pursue the case for several days.
BUSINESS: MAYOR AND MEMBERS #2460
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to consider business presented by Mayor Quinn and members of the City Council.
Councilor Jerram requested placing the Legeyt, 139 Wall Street, anti-blight matter on the February 2 City Council agenda, following the Small Cities Public Hearing on Community Needs, to determine what action they should take on this property.
Secondly, Councilor Jerram indicated that knowing the vehicle replacement balance by department, as well as in its entirety, would be helpful when asked to purchase a vehicle. He requested that information be furnished in the future when purchasing vehicles.
Councilor Kovaleski requested an executive session in the near future to update new members of the Council on current outstanding lawsuits against the city.
Mayor Quinn indicated that Planning & Zoning had recently approved a Section 8-24 referral and come up with a lease arrangement between the City of Torrington and the Beecher House Society, Inc. Due to the holidays and some language difficulties, the lease is not available this evening, but should be ready for the January 20th Council agenda.
ADD TO AGENDA #2820
On a motion by Councilor Kovaleski, seconded by Councilor McKenna, the board voted to add an executive session under pending litigation to the agenda by 2/3rds vote.
EXECUTIVE SESSION #2830
On a motion by Councilor Kovaleski, seconded by Councilor Soliani, the board went into an executive session under pending litigation at 7:51 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
OPEN SESSION
On a motion by Virginia Kovaleski, seconded by Tom Jerram, the board went into Open Session at 8:30 p.m.
On a motion by Virginia Kovaleski, seconded by Marie Soliani, the board adjourned at 8:30 p.m.
ALBERT G. VASKO
Corporation Counsel
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