MINUTES
CITY COUNCIL & WPC AUTHORITY
MAY 2, 2005
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, May 2, 2005, in the Council Chambers.
Those in attendance included Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Paul F. Samele, Jr., Marie P. Soliani, James F. McKenna, Paul W. Summers, and Drake L. Waldron, Corp. Counsel Albert Vasko, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, Tax Assessor Donna Patchen, WPC Administrator Raymond Drew, Police Chief Robert Milano, Traffic Officer Robert Shopey, City Clerk Joseph Quartiero, and Personnel Director Thomas Gritt.
Mayor Quinn called the meeting to order at 6:37 p.m.
MINUTES #010
On a motion by Councilor Waldron, seconded by Councilor Jerram, the board voted unanimously to approve the minutes of the regular meeting held April 18, 2005.
OPEN TO THE PUBLIC #020
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to open the meeting to the public. There was no public participation.
OLD FIREHOUSE #030
On a motion by Councilor Summers, seconded by Councilor Waldron, the board voted unanimously to discuss the foreclosure of the Old Firehouse: J. R. Laliberte (Tabled on 7/19, 8/16, 9/7, 9/20, 10/4, 11/1, 12/20, 02/07 & 04/18.)
J.R. Laliberte informed the board that CL&P had finally dismantled the main utility pole in front of the firehouse. The carpenters were finishing the trusses and the work should be done by the end of the week. The roofers are returning next week, weather permitting. The mason is scheduled for Wednesday, May 11, and will need approximately four weeks, depending on the weather.
Mr. Laliberte met with the Building Inspector in regard to the sidewalk issue. Based on a test performed in the Building Inspector’s presence on where bricks would land should they fall from the building, Mr. Laliberte was able to have the fence moved back so pedestrians could use the sidewalk. People will have to cross the street for their own protection when the masonry work is performed on the front facade.
MOTION TO TABLE #190
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to table the Old Firehouse matter to June 20, 2005.
SCHEDULE PUBLIC HEARING #200
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to schedule a public hearing for June 20, 2005 at 7:00 p.m. to review and discuss proposals for participation in the 2005 Neighborhood Assistance Act.
SCHEDULE PUBLIC HEARING #210
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to schedule a public hearing for May 16, 2005 at 7:00 p.m. to set the sewer user fee.
TAX ABATEMENT: ETN, LLC #2210
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to approve the Tax Abatement Application under the city’s Tax Incentive Policy from ETN, LLC for an estimated assessed value of improvements / additions in the amount of $247,900.00 at 100% exemption for two years.
ELDERLY NUTRITION PROGRAM #250
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to accept the recommendation from the Services for the Elderly Commission to authorize Mayor Quinn to sign the Elderly Nutrition Program Application for $1,435,556.00 from October 1, 2005 - September 30, 2006.
P & G PEPPER #270
On a motion by Councilor Waldron, seconded by Councilor Summers, the board voted unanimously to authorize the payment of $111,353.87 from Sanitary Sewer Capital Improvement Fund #490 to P & G Pepper Construction Services, Inc. for storm drainage work performed on New Harwinton Road Sanitary Sewer Project, and referred it to the Board of Finance.
SANITARY SEWER #280
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted unanimously to approve the extension of a public sanitary sewer beginning at the intersection of Martha Street and New Litchfield Street running 488 feet westerly along Martha Street, and a proposed sanitary sewer beginning at the intersection of Martha Street and Hyde Street running 162 feet easterly along Hyde Street. Both sewer lines will serve properties on Martha and Hyde Streets.
HVAC SERVICES BID #300
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to accept the Purchasing Agent’s recommendation to award the bid entitled HVAC Services to West State Mechanical Services of Torrington, CT.
SMALL CITIES: REPUBLICAN AMERICAN #310
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted unanimously to authorize the payment of $92.45 from Small Cities Fund #250 to the Republican American for publishing an Invitation to Bid ad.
SMALL CITIES: COMMUNITY HEALTH & WELLNESS #315
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted unanimously to authorize the payment of $11,850.00 from Small Cities Fund #278 to the Community Health & Wellness Center for services rendered from April 1 through April 22, 2005 in regard to the sub-recipient agreement executed on February 8, 2005. To be paid upon receipt of drawdown #3.
SMALL CITIES: PROJECT 143-211 P1 #320
On a motion by Councilor Waldron, seconded by Councilor Summers, the board voted unanimously to authorize a 3% direct loan in the amount of $64,300.00 from Small Cities Grant #HRLR to Project #143-211 P2 for siding, windows and drywalls.
SMALL CITIES: PROJECT 143-215 #325
On a motion by Councilor McKenna, seconded by Councilor Soliani, the board voted unanimously to authorize a change order in the amount of $3,825.00 from Small Cities Grant #HRLR to Project #143-215 for carpentry, plumbing and electrical work.
RECESS #330
On a motion by Councilor Soliani, seconded by Councilor Jerram, the board voted unanimously to recess for fifteen minutes at 6:45 p.m.
OPEN SESSION #350
On a motion by Councilor McKenna, seconded by Councilor Waldron, the board voted unanimously to reconvene into open session at 7:00 p.m. The board agreed to discuss the grievances prior to the public hearing.
PUBLIC WORKS GRIEVANCES #380
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to discuss the Public Works Grievances #05-02, #05-03, & #05-04.
Chairman of the Personnel Committee Councilor Soliani, explained that the grievances pertained to comments made by the Street Department Supervisor and whether or not the city should test for a foreman’s position. After hearing from the Union, the Complainant and his attorney, the Personnel Committee felt that testing was essential for any employer and that administration had the right to test. They talked at length concerning Grievance #05-03, and felt the Personnel Director and the Mayor had handled as best as could be expected the problem that occurred in the charge of discrimination against an employee.
In regard to Grievances # 05-02 & #05-04, the complainants felt that testing should not be done for this position since it had not been done in the past. The Personnel Committee had found that, within their Union, testing had taken place eight times. The Personnel Committee strongly believed that testing was essential. They recommended to the full Council that these grievances go back to the second step and that the second step resolution be followed once again. They felt the candidate applying for the foreman’s position should be tested and would assure that it would be done openly and fairly and the Personnel Committee could oversee the testing, if needed. The Personnel Committee’s recommendation was for the Council to deny all three grievances.
MOTION
Councilwoman Soliani made a motion to deny Grievance #05-02, #05-03, and #05-04. Councilor Samele seconded the motion.
Under a discussion, Councilor Jerram, member of the Personnel Committee, stated that the complainants were encouraged to return to the resolution as spelled out by the Personnel Director in Step 2 and to follow through on that response. This was the Personnel Committee’s answer to assist those who had issues with the testing.
Mayor Quinn reiterated that Step 1 was denied by the supervisors, Step 2 was denied by the Personnel Director, and the grievances were now before the City Council in Step 3. Their recommendation is to deny all three grievances and go back to the Step 2. He asked Mr. Gritt for an explanation.
Mr. Gritt said he thought the Council should vote on reiterating the second step answer and the offered solutions, and at the same time, denying the grievance.
Councilor McKenna asked Mr. Gritt if the Council had the power to do that.
Mr. Gritt said yes. The City Council votes on the city’s answer at the 3rd Step. The Council would vote “No” and reiterate the 2nd Step answer. That would uphold the decision.
Mayor Quinn indicated that the Council would deny grievances #05-02, #05-03, and #05-04 and uphold the decision of Step 2 grievance. They would merely be reaffirming the decision of Step 2.
Councilor McKenna indicated that they didn’t have to reaffirm anything, just deny the grievances.
Mr. Gritt stated that the second step answer offered some solutions and the committee wants those solutions to be offered again.
VOTE TO DENY #
The vote to deny Grievance #05-02, #05-03, & #05-04 was unanimous.
PUBLIC HEARING #610
Mayor Quinn called a Public Hearing to order at 7:15 p.m. to consider amendments to Chapter 194 of the Torrington Code entitled Vehicles and Traffic.
City Clerk Joseph L. Quartiero read the legal notice.
Florence Byers, 14 Casson Avenue, spoke against doubling the fines for parking meters because it would deter people from coming to Torrington and using the parking spaces. She thought it was urgent for the city to make more parking spaces available to the public. She suggested copying the triangular parking that Lee, Ma. has adopted. She preferred doing away with parking meters and offering free parking to patrons using downtown businesses.
Councilor Jerram inquired whether parking tickets were tied into vehicle registrations.
Officer Shopey indicated that the state had no system in place at this time to allow municipalities to tie into vehicle registration. He explained that the Motor Vehicle Department uses an antiquated reel to reel, magnetic tape system and that only three municipalities in the state can access the system. He stated that they researched the cost of converting our files to their system and it was cost prohibitive. He noted that the DMV did have a plan in place to upgrade their system to allow communication with municipalities. However, it was affected by state layoffs a year or so ago and it’s no longer a priority. Officer Shopey was not aware of any other plan to upgrade their equipment.
Councilor Jerram inquired whether there was any statute that would allow parking tickets to be tied into personal tax liability in the city.
Officer Shopey indicated that the Tax Collector was willing to talk about that possibility. However, because he is a private tax collector, he would charge a fee.
Officer Shopey reported that his department has been successful with the private collection agency they have been using for the past few months. The company was recommended and contracted through CCM. Approximately $5,000.00 has been collected during the past month, over and above what is normally collected in tickets and fees.
Councilor Jerram thought the Tax Collector could be an avenue to get to the DMV to withhold registrations if parking tickets aren’t paid.
Chief Milano said he wasn’t quite sure that the law provided for that particular maneuver.
Officer Shopey indicated that the Tax Collector did have the ability to communicate with Motor Vehicles; however, the Tax Division and the Parking Ticket Division are two separate entities within the Motor Vehicles Department.
Mayor Quinn indicated that he heard of such a proposition in the legislature, but didn’t believe it had ever been passed. He didn’t know if it had ever come out of committee.
Councilor Jerram pointed out that they weren’t looking to raise the rates of the meters, but merely to increase the penalties for not filling the meters.
Officer Shopey indicated that this ordinance not only affected meters, but included penalties for fire lanes, crosswalks, etc. The only fine not raised was for handicap parking. He noted that the City of Torrington was far below what other municipalities had for a standard, and that we would remain behind other municipalities, even with the proposed ordinance to increase fines. It’s an increase in city revenue for the cost of doing business to manage the system, either through the traffic division or parking.
Chief Milano stated that the elimination of meters was a decision for the city to make. The Police Department’s responsibility is for the enforcement of meters, etc., and to advise the Council on how they are collecting and/or enforcing the parking regulations. He personally thought that parking spaces could not be free all day long because people would abuse the use of them. The ordinance is part of their plan to make the cost of maintaining parking meters and enforcing parking regulations more cost effective. The ability to use the boot is another means of insuring payment of fines by owners who are in arrears. The special service we have to collect parking fees from people who are in arrears is another way. He urged the City Council to adopt the ordinance to make their
enforcement more meaningful and more cost effective for the city.
Councilor Summers inquired whether someone would be available to remove the boot on week ends.
Officer Shopey indicated that the boot would be their last effort to collect from chronic abusers of the system. The Police Department would make every effort to educate people and to make themselves available throughout the week to get a car released.
Officer Shopey stated that the present process included sending letters and second and third notifications, certified letters, and the collection agency. The boot is the last alternative after these attempts fail.
Mayor Quinn noted that the increase in penalties was discussed and approved by the Board of Public Safety at a previous meeting, and it is their recommendation, as well as Chief Milano’s and Officer Shopey’s, to approve the proposed ordinance.
In regard to Mrs. Byers comments, Mayor Quinn agreed that the object was to make our downtown more user friendly and to draw more customers for our downtown merchants, and that parking meters is a discussion that will be ongoing and may come forward at another time.
Councilor Summers inquired whether the illegal removal of the boot would be considered an infraction of the ordinance.
Corp. Counsel Vasko said it would be a general violation of the ordinance and have a $100.00 fine.
Having no further questions or comments, Mayor Quinn called the public hearing to a close at 7:30 p.m.
ADOPT ORDINANCE #1135
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to adopt the amendments to Chapter 194 of the Torrington Code entitled Vehicles and Traffic.
PUBLIC HEARING #1140
Mayor Quinn called a public hearing to order at 7:30 p.m. to consider adopting an ordinance entitled “Special Events Permit.”
Joseph L. Quartiero, City Clerk, read the legal notice.
Councilor Jerram inquired whether the permits would be open to anyone for any reason.
Chief Milano answered yes, otherwise they could fall into territory that may be cause for concern.
Corp. Counsel Vasko said he made certain the language included first amendment rights.
Chief Milano explained that the guidelines set forth in the ordinance would set the city in the best possible position in the event they had to decline an event, for whatever reason. The proposed ordinance would set a procedure that everyone had to follow, with some due process and redress if they had to, and some guidelines for the Police Department as the enforcement and/or certifying agency for such an event. It would also insure other agencies that had to deal with an event, such as Fire, Ambulance, Street Dept., Park & Recreation, etc., that they would have a notification and a sign off process to deal with.
Mayor Quinn added that the ordinance would eliminate the city’s vulnerability.
Having no further questions or comments, Mayor Quinn closed the public hearing at 7:37 p.m.
ADOPT ORDINANCE: SPECIAL EVENTS PERMIT #1340
On a motion by Councilor McKenna, seconded by Councilor Summers, the board voted unanimously to adopt an ordinance entitled “Special Events Permit.”
BUILDING DEPT. REPORT #1350
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to accept the Building Department Report for March 2005.
BUS: SECTION B: #1360
On a motion by Councilor McKenna, seconded by Councilor Summers, the board voted unanimously to consider business in Section B.
APPOINTMENT: PARKS & REC #1365
On a motion by Councilor Waldron, seconded by Councilor Jerram, the board voted unanimously to appoint James Pescatore as Commissioner to the Parks and Recreation Commission.
BUS: DEPT. HEADS #1375
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to consider business presented by Department Heads.
WPC Administrator Raymond Drew presented the Council with the income side of the WPCA budget. The Public Hearing is scheduled for May 16, 2005.
City Clerk Joseph L. Quartiero reported that the Annual Report was just about ready to go to print.
BUS: MAYOR & MEMBERS #1450
On a motion by Councilor Samele, seconded by Councilor Summers, the board voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Summers reported that the bike tour would be in Torrington on May 22, 2005 and volunteers were needed.
Councilor Samele inquired about the New Harwinton Road project.
Mr. Rollett indicated that the final paving was going to be done this week.
Councilor Samele commended Officer Smedick for his dedicated work to the Torrington Police Department.
Councilor Soliani thanked Mayor Quinn for allowing her to be Mayor during the Karate Tournament. She thoroughly enjoyed watching her son and grandsons participate in the event.
Mayor Quinn thanked Councilor Soliani for stepping in as Mayor.
He pointed out that Councilor Summers would be stepping in as Mayor during the Elks Youth Week Banquet. He commended Councilor Summers for a job well done during the dedication of the tree with the Mayor’s Committee on Youth.
Mayor Quinn said he headed a Walking Tour of the Downtown Torrington National Register of Historic District. The Walking Tour is an Art City project of the Nutmeg Conservatory and the Historical Society and those involved included the Rotary, Torrington Savings Bank, The City of Torrington, Gleeson Mortuary, and the Connecticut Commissioner of Culture and Tourism.
ADJOURNMENT #1670
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to adjourn at 7:45 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
| 
