MINUTES
CITY COUNCIL & WPC AUTHORITY
FEBRUARY 6, 2006
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, February 6, 2006, in the Council Chambers.
Those in attendance included Mayor Ryan J. Bingham, City Councilors James F. McKenna, Thomas C. Jerram, Rick E. Dalla Valle, Andrew J. Slaiby, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Albert Vasko, Comptroller Alice Proulx, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, Purchasing Agent Charlene Antonelli, WPC Administrator Raymond Drew, Building Official Bret Zuraitis, Economic Development Coordinator Christina Emery, Parks & Recreation Director John Timm, Administrative Assistant to the Mayor Stephen Nocera, Deputy Police Chief Michael Maniago, and the City’s Small Cities Consultant Lawrence Wagner.
Mayor Bingham called the meeting to order at 6:34 p.m.
MINUTES #010
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to accept the minutes of the regular meeting held January 17, 2006.
MOVE ITEM ON THE AGENDA #030
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to move Item #5 on the agenda.
PUBLIC HEARING: POLICE DEPT. GRANT #035
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to schedule a Public Hearing on Tuesday, February 21, 2006 at 7:00 p.m., in regard to the application for the Edward Byrne Memorial Justice Assistance Grant in the amount of $17,202.00.
OPEN TO THE PUBLIC #050
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to open the meeting to the public.
Atty. Patrick Power spoke in support of the bid of the Torrington Collegiate Baseball for the concession at Fuessenich Park. As a former president of the Twisters, he stated that the team was run by a small group of volunteers, and approximately 95% of the work is done by the general manager, Kirk Fredriksson. Ticket prices have always remained low because the purpose of the games is to provide cost effective, family entertainment. Fund raisers by a small group of people are necessary to cover the budget. The first years’ budget ran about $40,000.00 as opposed to the present budget running between $70,000.00 and $80,000.00 a year. They need help. Being awarded the concession bid would ensure the Twisters a stable source of revenue for the next two years.
Atty. Power stated that the city should honor the bidding process and award the bid to the Twisters, since they were the highest bidders.
Ann Frauenhofer reserved the right to speak during item 22, relating to her driveway.
Dave Sweet spoke in favor of the city awarding the bid to the Twisters.
Kim Raimondi, 142 Settler’s Lane, thought the city should follow the bid process. She expressed her confusion about the bid process.
Purchasing Agent Charlene Antonelli explained that bids remain sealed until the time of the bid opening. She then makes a recommendation to the City Council, and sends a copy to the Parks and Recreation Commission.
Corp. Counsel Vasko further explained that the city generally needs to take the lowest responsible qualified bidder on building construction projects, however, the city can consider bids which may not necessarily be the low bidders, and in this case the high bidder, if they are in the best interest of the city.
Councilor Dalla Valle pointed out that the first page of the bid packet specifically states that “The city reserves the right to accept or reject any or all bids, or any portion thereof, to waive technicalities, and to award the contract as will best serve the public interest.” Each bidder is fully aware of this statement prior to presenting their bid.
Larry Wright, p.a. announcer and former marketing director for the Twisters, expressed his concern that the city may lose the Twisters if they didn’t have a means to raise revenue.
Michael Driscoll, 146 Hawthorne Terrace, spoke in favor of the recommendation made by Parks & Recreation Commissioners to award the bid to Alfredo’s.
Atty. Power stated that there was no threat that the Twisters were going to leave Torrington. They were simply trying to find ways to make them viable.
T.H.S. MARCHING BAND INSTRUMENTS #550
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, a discussion took place in regard to a possible contribution to the T.H.S. Marching Band to purchase instruments.
Comptroller Alice Proulx informed the board that $2,400.00 was available at the Mayor’s discretion in the Dress Down Day fund. The Community Development Line Item had $5,500.00 available for whatever the City Council deemed necessary to improve the community as a whole.
Mayor Bingham stated that a decision was made to use $1,200.00 from the Dress Down Day Fund, after sending a memo and getting feedback from city employees.
Councilor Dalla Valle recommended giving the band $5,500.00 from the Community Development Line Item. Adding that amount to the $1,200.00 already approved by Mayor Bingham brought the amount to $6,700.00.
Councilor McKenna said it wasn’t a question as to whether or not it was a worthwhile activity to have the band perform in the National Cherry Blossom Parade. Everyone wanted the students to look great in representing the city. His concern was the fact that this was setting a precedent for other school functions. He was concerned about sending the Board of Education the message that the city could bail them out if they did not budget for items they should have been budgeting for all along.
Councilor Jerram said the Board of Education has always exercised caution in developing their budgets. The last time they asked the city for help was when the orchestra went to Australia in the year 2000.
Having had a hand in eight Board of Education budgets, Councilor McKenna inquired why the deteriorated instruments hadn’t been replaced one by one through the budget process.
Councilor Jerram said it’s true that the sousaphones were deteriorating, however, that was only half of the reason for the need to purchase more. It was also the fact that they planned on having two students play the sousaphones and that number rose to seven.
Councilor Soliani pointed out that the Council had absolutely no say in the Board of Education budget, yet it takes a chunk out of the taxpayer’s dollar. She reminded the board that the jump rope team had also approached the city for funds a few years ago.
Her concern was that the need for more instruments was going to grow as the number of students increased. She had no objection to using the Dress Down Day funds, but was not in favor of giving them a large amount of money because it sent the wrong message. The band needs to look into renting or borrowing the instruments and allow for more dollars to be spent on new instruments in their yearly budget.
Councilor McKenna inquired what effort the Board of Education was putting forth in trying to raise funds for these instruments.
Councilor Jerram said he spoke with the Chairman of the Board of Education who said they were working on it, but had not been successful to date.
Councilor Slaiby, Chairman of the Mayor’s Committee on Youth, stated that they had no money available in their account to donate toward the instruments. Their $600.00 was already targeted for a project. He stated that Deputy Fire Chief Jaye Giampaolo was going to help the committee put together a pasta dinner on February 23rd to help defray the cost of the sousaphones.
VOTE #1050
Councilor Dalla Valle made a motion to allocate $5,500.00 from the Community Development line item to the T.H.S. band to purchase instruments to represent the City of Torrington at the Cherry Blossom Parade. Councilor Jerram seconded the motion. Councilors Jerram, Dalla Valle, Waldron and McKenna (with severe reservations) voted in favor of the motion. Councilors Soliani and Slaiby opposed the motion. On a 4-2 vote, the motion carried. (An additional $1,200.00 was approved by Mayor Bingham only, from the Dress Down Day Fund.)
City Clerk Joseph L. Quartiero informed the board that Joline of the City Clerk’s office started a collection amongst city employees and that she would match the first $200.00. To date, $430.00 was raised. Carol Anderson of the City Clerk’s office is also selling candy as part of the fund raiser.
THE OLD FIREHOUSE #1100
On a motion by Councilor Waldron, seconded by Councilor Jerram, a discussion was held in regard to The Old Firehouse property owned by J. R. Laliberte.
J. R. Laliberte undated the new members of the Council on his property located at 117 Water Street. (The Old Firehouse)
He explained that the scaffolding would be installed between March 15 and April 1, depending on the weather, and the masonry contractor, already committed for April 1, would take between six and eight weeks to complete his work.
Mr. Laliberte further explained that some styrofoam insulation was somehow moved from its original location in the bell tower and blew into the middle of the street. Fortunately, no one was hurt from the incident. Within minutes of being informed of the situation, Mr. Laliberte was at the scene trying to figure out what happened and secure the remainder of the styrofoam.
Several days after the incident, Mr. Laliberte’s attorney received a call from the State’s Attorney’s Office. Apparently, the Building Inspector Brett Zuraitis contacted the State’s Attorney to report that Mr. Laliberti had not acted on a letter from two years ago to erect a covered roof scaffolding across the sidewalk. The State’s Attorney’s Office gave Mr. Laliberte several days to resolve the issue with the Building Inspector, otherwise, a warrant for his arrest would be issued. Mr. Laliberte informed the State’s Attorney’s Office that the issue was resolved more than one year ago and he had City Council minutes to that effect.
Mr. Laliberte stated that the scaffolding scheduled to be erected at the end of March was not going to have a roof. Even if it did, he wouldn’t want anyone walking under the building while the work was being done. He would need the city’s permission to close the sidewalk while the scaffolding is in place for a six to eight-week period. He was willing to put up any kind of signs required.
Mr. Laliberte brought the Council up to date on the entire Firehouse property and explained that he purchased the building from the City for $1.00 approximately six or seven years ago and was given a tax incentive if he could complete the restorations to the front of the building within two years. He never received the tax incentives.
Councilor Jerram noted that Mr. Laliberte has been coming before the Council since July of 2004 concerning a blight issue.
Building Inspector Brett Zuraitis informed the Council that he has been following the State Building Code in citing Mr. Laliberte for an unsafe structure dating back to March of 2005. He stated that several sheets of styrofoam fell off the building on January 18th and landed in the front and side of the building. Also, bricks and pieces of concrete laid upon the sidewalk. It was his concern, his job, and obligation to protect the public, therefore he was attempting to enforce what the previous Building Official started.
Corp. Counsel Vasko stated that the Council has no jurisdiction over the Building Official enforcing state statutes.
The Council informed Mr. Laliberte to go before the Board of Public Safety to get permission to close the sidewalk.
PUBLIC HEARING: ST OF CT DEPT. OF ECON. DEV. #2140
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to schedule a Public Hearing on Monday, March 6 to review and discuss the city’s proposed application to the State of Connecticut Department of Economic & Community Development for funds under the Small Cities Program.
FUESSENICH PARK CONCESSIONAIRE #2150
On a motion by Councilor McKenna, seconded by Councilor Waldron, a discussion took place in regard to the Purchasing Agent’s recommendation to award the “Two Year Fuessenich Park Concessionaires” bid to the Torrington Twisters.
Chairman of the Parks & Recreation Commission Patricia Fairchild explained the Commissioner’s recommendation and unanimous vote to award the contract for the concession stand at Fuessenich Park to Alfredo’s Deli. The reason for their vote was Alfredo’s past service, which was of excellent quality, and they simply wanted this service to continue. Their vote purely reflected what they thought was in the best interest of the city.
Councilor Dalla Valle inquired what the city was contributing to the Twisters to offset the entertainment they were providing the citizens of Torrington.
Parks and Recreation Director John Timm noted that the city was paying for one or two officers and two park employees to be present at each event at an approximate cost of $20,000.00 per year.
Councilor Dalla Valle said the Council should seriously consider the recommendations from the Parks and Recreation Commission, even if they differ from the Purchasing Agent’s recommendation, which is based solely on the dollar amount of the bids.
Purchasing Agent Charlene Antonelli reiterated the fact that her recommendations are based on dollar amounts, plus references. She noted that either one of the bidders would do a good job for the city in this case; however, it was her job to recommend the lowest bidder (in this instance the highest bidder), and to act in the best interest of the city.
Councilor McKenna said he can take everything into consideration, but whether the Twisters make money is not his concern. His decision would also not be on based on whether someone did a good job in the past. His concern was that the city has a bid process and there is no point in having a bid process if it’s going to be ignored.
Councilor Dalla Valle pointed out that a concern arose during the Parks and Recreation Commission meeting as to who would run the concession stand for the smaller teams while the Twisters were playing elsewhere.
Councilor McKenna indicated that this would be an issue for the vendor.
Rob Manchester urged the Council to do as much as they could for the Twisters because they are one of the best things that’s happened to this town. He suggested that perhaps they could be given a one year contract.
VOTE #2840
On the motion, Councilors McKenna, Slaiby, Soliani, and Waldron voted in favor of the Purchasing Agent’s recommendation to award the “Two Year Fuessenich Park Concessionaires” bid to the Torrington Twisters.
Councilors Jerram and Dalla Valle opposed. On a 4-2 vote, the motion carried.
WRIGHT-PIERCE #2850
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to authorize the payment of $6,020.52 from Sanitary Sewer Capital Improvement Fund #490 to Wright-Pierce for work performed through12/9/05 on South Main Street Sanitary Sewer Evaluation, and referred it to the Board of Finance.
GAYLORD LANE #2860
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the board voted unanimously to table the discussion in regard to the Gaylord Lane Study, pending further information.
APPOINTMENTS: BD OF FINANCE #2900
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to approve the following appointments to the Board of Finance:
Reappoint Daniel Farley, for a six-year term to expire in December 2011.
Appoint Mark B. Bushka, for a six-year term to expire December 2011.
BD OF ASSESSMENT APPEALS #2910
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to approve the following reappointment to the Board of Assessment Appeals - (Appointed by Council.):
Annette Caputi, for a 3-year term to expire December 2006
Andrew Lach, for a 3-year term to expire December 2007
SMALL CITIES: PROJECT 143-214 # 2915
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the Council voted unanimously to authorize a 0%-deferred loan of $52,650.00 from Small Cities Fund #250 to Housing Rehab Project #143-214 for miscellaneous construction work.
SMALL CITIES: L. WAGNER & ASSOC. #2960
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $9,267.50 from Small Cities Fund #250 to L. Wagner & Assoc. for services rendered from 6/1/05 through 12/31/05 on the Housing Rehab Loan Repayment Program.
SMALL CITIES: L. WAGNER & ASSOC. #2980
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $3,790.00 from Small Cities Fund #276 to L. Wagner & Assoc. for services rendered from 6/1/05 through 12/31/05 on the Housing Rehabilitation Program, to be paid upon drawdown #11.
SMALL CITIES: MATERIALS TESTING #2990
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payments of $829.00 from Small Cities Fund #276 and $361.56 from Small Cities Grant #143-DSS to Materials Testing, Inc. for work performed on the Senior Center.
SMALL CITIES: ADVANCED ENGINEERING TECH. #3000
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $800.00 from Small Cities Fund #276 to Advanced Engineering Technologies for services rendered in regard to the Senior Center, to be paid upon drawdown #11.
SMALL CITIES: RECORD JOURNAL #3010
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $133.92 from Small Cities Fund #250 to The Record Journal for advertisement in regard to an invitation to bid.
SMALL CITIES: COMM. HEALTH & WELLNESS #3030
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to authorize the payment of $11,023.00 from Small Cities Fund #278 to Community Health & Wellness Center for services rendered per sub-recipient agreement for November 21, 2005 to December 19, 2006, to be paid upon drawdown #12.
SMALL CITIES: COMM. HEALTH & WELLNESS #3050
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $12,536.00 from Small Cities Fund #278 to Community Health & Wellness Center for services rendered per sub-recipient agreement for December 20, 2005 to January 19, 2006, to be paid upon drawdown #12.
SMALL CITIES: I.C.S. #3065
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to authorize the payment of $12,160.00 from Small Cities Grant #143-DSS to I.C.S., Inc. for application #4 in regard to the Senior Center.
SUPERIOR OFFICE SYSTEMS #3080
On a motion by Councilor Soliani seconded by Councilor Slaiby, the board voted unanimously to purchase a Lanier Advocate V Recorder, four microphones, stands and cables, along with two transcribers from Superior Office Systems for $4,196.00. Money to be taken from Contingency, and the matter was referred to the Board of Finance.
ANN FRAUENHOFER #3100
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $650.00 from Contingency to Ann Frauenhofer for the repair of her sidewalk at 52 Workman Avenue and referred it to the Board of Finance.
MURDOCK CLAIM MGMT. #3350
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to authorize the payment of $1,471.32 from Contingency to Murdock Claim Management Company F/B/O The Hanover Insurance Company for the City’s deductible in the Williams matter and referred it to the Board of Finance.
SHOOKIE RECREATION #3360
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to hear an update from Shookie Recreation LLC’s lease of the Southeast School building.
Mayor Bingham explained that he and Corp. Counsel Vasko met with Mr. Schroeder and they were informed that he was working on obtaining some funding and would be under way in a couple of weeks. He asked the city to forgive him for the money he owed. Instead, he agreed to start paying rent in February, and will make an extra payment in April, and for the next five months he will make up for the last three months that he missed.
Councilor Waldron noted that the Board of Education made reference to wanting to take the building back.
CAMPION AMBULANCE SERVICES, INC. #3550
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to authorize Mayor Bingham to execute the Addendum and Amendment to the City’s contract with Campion Ambulance Services, Inc., to allow a Board of Public Safety member to serve on the advisory committee established by the contract.
REOPEN MEETING TO THE PUBLIC #3590
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to reopen the meeting to the public for “agenda items” only.
Attorney Samuel Slaiby stated that the city could take the Southeast School back since the tenant was in violation of the lease agreement.
BUS: DEPT. HEADS #3735
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads.
City Engineer Edward Fabbri said he spoke with the National Conservation Resource Service in regard to East Pearl Road. He said they are delivering a set of plans which he will be delivering to the Wetlands Commission in the near future.
Corp. Counsel Vasko indicated that he recently sent Mrs. Paganini a copy of the map he received from Mr. Fabbri and a copy of the easement.
BUS: MAYOR & MEMBERS #3830
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Dalla Valle said he thought the city did a wonderful thing by helping the Torrington High School students purchase sousaphones.
Councilor Jerram noted that the Council made tough choices during this meeting. He felt they made the right choice in helping the Torrington High School Band.
Councilor Slaiby informed the board that the Mayor’s Committee on Youth would be attending a Wolfpack game.
Councilor Soliani disagreed with both Councilors Dalla Valle and Jerram on spending funds for the purchase of sousaphones.
Councilor Waldron wished the Twisters well in running the concession stand.
Mayor Bingham informed the board that Civil Director Art Deming has stepped down from his position. He stated the city had a nice ceremony for him and his family members and that the Mayor’s Office, on behalf of the Council, would write him a letter thanking him for his many years of service.
Mayor Bingham announced that Tom Vannini, Co-Director of Civil Defense for many years, would step up to replace Art Deming, with the title of, Emergency Management Coordinator.
Mayor Bingham noted that the budget process was coming very quickly, and assured the Council that they would be involved in the process.
Mayor Bingham thanked the Council for approving funds to the Torrington High School Band.
He noted that he participated in the Penguin Plunge at Highland Lake on Saturday on behalf of the Special Olympics.
EXECUTIVE SESSION #290 TAPE #2
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to go into an executive session under pending litigation.
OPEN SESSION #355
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to reconvene into an open session.
BYRNE & BYRNE #360
On a motion by Councilor McKenna, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $2,975.00 for invoice dated 12/16/05 and $3,475.00 for invoice dated 9/16/05 from Contingency to Byrne & Byrne for professional services performed on the Dziedzic Properties LLC vs. Zoning Board of Appeals matter. Councilor Soliani seconded the motion. (Tabled on 1/17/06.)
Councilor Dalla Valle suggested keeping a close eye out on what is taken from the Contingency account and asked to see the briefs on the case.
ADJOURNMENT #400
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to adjourn.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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