MINUTES
CITY COUNCIL & WPC AUTHORITY
AUGUST 7, 2006
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, August 7, 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, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, City Engineer Edward Fabbri, Director of Elderly Services Nancy Gyurko, Tax Assessor Donna Patchen, Purchasing Agent Charlene Antonelli, WPC Administrator Raymond Drew, Tax Collector Robert Crovo, Emergency Management Coordinator Thomas Vannini, and Torrington’s Veterans’ Service Officer, Sgt. Major (Retired) Len Dube. Absent was Councilor Andrew Slaiby.
Mayor Bingham called the meeting to order at 7:45 p.m., immediately following a meeting of the Board of Trustees of the City Employees’ Retirement Fund scheduled for 6:30 p.m.
MINUTES #2585
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to approve the minutes of the regular meeting held July 17, 2006.
OPEN TO THE PUBLIC #2590
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to open the meeting to the public. There was no public participation.
MOVE ITEM FROM AGENDA #2710
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to move items #9 and 10 on the agenda: 9) Discuss the recommendation to raise the income levels to $52,700.00 for a single person and $58,900.00 for a married couple to qualifying military veterans in accordance with CGS 12-81. 10) Discuss the recommendation to freeze the property tax for senior citizens age 70 and over on fixed incomes.
Mayor Bingham stated that his office was aware of the bill being passed, but knew it would take a lot of research. He thanked Corp. Counsel Ernestine Yuille Weaver, Assessor Donna Patchen and her entire staff for the extent of information they had to date. His recommendation was to research the matter further and to receive public comments prior to taking any vote on this matter.
Councilor Dalla Valle noted that people who were going to apply under the new guidelines would need to do so by February 1.
Mayor Bingham stated that there was an opportunity to weigh the entirety of what was being presented since it was a local option.
Councilor Jerram said he was inclined to table the matter because the Council did not have all the information necessary to make an informed decision.
Mayor Bingham stated that they had a good basis to present to the public on the information they had accumulated to date and it could be fine tuned prior to the Council taking a vote at a later time.
Councilor Dalla Valle inquired whether the city would be reimbursed by the state, since this will be a key factor in the matter.
Assessor Donna Patchen explained that the local option is non-reimbursable. She was informed by the Office of Policy and Management, that the city was reimbursed only 85.93% for the already in-place Elderly Homeowner Program because the state doesn’t have enough money to reimburse 100%, and they don’t know the percentage until the checks to the municipalities are cut. OPM informed her that the more elderly homeowners’ applicants we have on a program, the less reimbursement we will receive.
Councilor Dalla Valle didn’t understand why the city would receive fewer reimbursements, the more applicants we had.
Councilor McKenna said he could only understand that statement if there was a finite pool; the more individuals in the pool, the less the reimbursement would be “per person.”
Councilor Jerram inquired whether the people already receiving the benefit would get a reduction of benefit if the city were to expand the eligibility.
Mrs. Patchen said, “the city would lose a larger portion. “
Councilor Soliani requested more information.
Mayor Bingham indicated that this option was totally unfunded.
Mrs. Patchen said increasing the income levels would allow for more applicants age 65 or older who meet the standard requirements, and as that number grows, the state is saying the less our percentage of reimbursement will be. She informed the Council that these people will also be eligible, in addition to the local option, to apply for the EHO and receive an additional credit between $150.00 and $1,000.00 off the tax. The local option is basically an abatement. If they choose to freeze the property taxes and increase the income limits of the elderly age 70 and over, the city will never see another penny from these people as the mill rate increases, and the city will eat the difference.
In addition to freezing taxes on property for people 70 and over on fixed incomes, the bill includes other options, such as allowing municipalities to give a flat credit to single and married people. She said the city could also impose asset limits. It’s possible that someone could be on this program as well as the Elderly Home Owner Program, and own another vacation home. At what point will Torrington determine how much they can afford to give away? At what point should we impose a cap? If you increase the age to 70 and increase the income limits without imposing any of the other allowed options, you could double or triple the figures furnished by the Assessor on a spread sheet.
Mrs. Patchen stated that there is also the option to lien the property to recapture the monies lost over the years through this abatement and prorate a sale with no surviving spouse, age 62 or over. There were many facets of this program that she felt Torrington needed to look at before taking a vote.
Mayor Bingham said his sentiment, as well as that of the Council, was that they were dealing with some of the most vulnerable in our community. It’s a tough balance and this Council has to be aware of the implications on either side. In no way were they questioning the abatement or saying that they don’t believe the elderly completely deserve the benefit, but the city needs to give the matter due diligence and compare what they are proposing to other municipalities, etc. His office will continue to provide the Council with as much information as possible so they can make an informed decision based on the best interest of the city.
Nancy Gyurko, Director of the Services for the Elderly, spoke in favor of the recommendation to freeze the property tax for senior citizens age 70 and over on fixed incomes.
She explained that this bill gives municipalities the discretion to impose an asset limit, put a lien on property, establish the application procedures and guidelines and impose penalties for false statements. She urged the Council to keep these elderly citizens in their homes by freezing their taxes, allowing them to continue their lifelong commitment to the City of Torrington.
Councilor Dalla Valle asked Mrs. Gyurko what active roll her agency would be willing to accept if the Council voted to take on asset limits, etc.
Mrs. Gyurko said they would be very happy to take on some of the obligations and help with the process, but the city would have to increase the number of hours for an employee to handle the work and fund those extra hours.
Mayor Bingham asked Mrs. Gyurko to furnish him with information on what kind of proposal she would bring to the next budget session in terms of man hours, in the event the Council voted to approve the program.
Sgt. Major (Retired) Len Dube, Veterans’ Service Officer for Torrington, said they were talking about a senior population in Torrington age 70 and older. Raising the income limit by $25,000.00 will help veterans who have served honorably and met the criteria. The City of Torrington has an obligation to honor those who have served. He confirmed the fact that some veterans come into his office with $40,000.00 worth of credit card debt because they don’t have the money to pay their taxes. He insisted that there is no way to judge how much this will cost the city until it’s actually initiated, just like there’s no way to judge how many new houses and cars will be sold in the city in the next year.
He urged the Council not to stall this issue any longer, and vote on it.
Councilor Jerram asked how many people were already receiving the veterans’ exemption.
Assessor Patchen indicated that there were 327 from the 2005 Grand List receiving the $10,000.00 local option. There was no age limit, but there was an income limit.
State Representative Anne Ruwet stated that the bill recently passed to freeze property taxes for senior citizens age 70 and over on fixed incomes was one that she supported and cosponsored. Their income levels are $27,700.00 for a single person and $32,900.00 for a married couple. The intent was to look long term and address the needs of those seniors who are eligible in order to keep them in their homes. She was appalled to learn the city had reimbursement issues and said it was important for the state to know if the city wasn’t receiving the full reimbursement. She noted that the state wasn’t getting the full amount of their ECF formula either, and was short by about $500,000.00. The distribution of funds through OPM sometimes favors the priority school districts like
Hartford, Bridgeport, & New Haven, and towns like Torrington are not getting their full reimbursement and they would like to change that.
This legislation was one that she fully supported and asked for the Council’s consideration. “Did they specify that the state should fully reimburse the difference in the monies that the city might lose through tax collection? “No,” she said. They left it up to the municipality to decide and determine whether their finances could make it work for the seniors who are candidates.”
Councilor McKenna personally felt this was “feel good” legislation, whereby the state passes legislation that doesn’t have any impact whatsoever on the state government, and the financial ramifications are passed on directly to the towns.
State Representative Ruwet agreed with Councilor McKenna that the burden was placed upon the municipality. She agreed also that they should request the state to reimburse the municipalities who actually adopt the program during their next legislation session.
Councilor McKenna argued that they already had the option to cut someone’s taxes if they wanted to, even before this legislation came into effect. In his opinion, the legislation did nothing.
State Representative Ruwet indicated that they merely act on legislation that is requested, typically by their constituents and municipalities. She assured the Council that legislation opens the door for the opportunity for state reimbursement in the future.
Councilor Dalla Valle said this bill may not do anything financially for the City of Torrington but does a lot for those people who, for years, have been paying taxes for things they have no stake in. It does a lot for the senior citizens who are the back bone of the city and have kept the city in the direction that it’s going. It was his opinion that the Council should move forward and vote on raising the income limits for the veterans and get more information on freezing the property tax for senior citizens age 70 and over on fixed incomes.
Mrs. Patchen alerted the Council to a concern she has. When veterans sell their homes, the attorneys are not realizing that there’s an exemption on the property and the state has no statute that allows the Assessor to pro-rate additional veterans’ exemptions to re-capture the exemption and it gets passed on to the new owner, whether they are veterans or not.
Len Dube said he would not be in favor of anything that would give a non-veteran an exemption.
Councilor Dalla Valle indicated that the Ordinance Committee will review that matter.
Corp. Counsel Yuille Weaver indicated that raising the income limits for qualified veterans would have to go to Public Hearing because it would be amending an existing ordinance.
Councilor Dalla Valle believed a Public Hearing was not necessary because the ordinance does not include income limits. (Please refer to #1930)
No vote was taken.
WISH LIST FUND #1375
On a motion by Councilor McKenna, seconded by Councilor Waldron, the Council voted unanimously to authorize the transfer of $14,628.07 from the Wish List Fund to the Streetscape Fund, per the Comptroller’s memo dated 7/21/06 and referred it to the Board of Finance.
Councilor Soliani inquired about the $11,611.00 in the revolving fund.
Comptroller Alice Proulx explained that the Council transferred money in 1999 out of the general fund into an economic revolving fund prior to establishing their own economic development budget.
Mayor Bingham indicated that Ms. Proulx brought it to his attention that all the items listed were not earmarked for anything. Ms. Proulx was still researching several more that will most likely appear before the Council in the future.
LITCHFIELD FORD #1460
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to accept the recommendation of the Fleet Manager and the Purchasing Agent to purchase a 2004 Ford Explorer from Litchfield Ford for
$15,224.00, from which $2,000.00 will come from the vehicle replacement account in the Emergency Operations Department’s Budget and the remainder will come from the Vehicle Replacement Contingency Account. (Approved by Board of Finance on 7/18/06.)
Corp. Counsel Yuille Weaver stepped out of the meeting room at 8:50 p.m.
Councilor Jerram inquired what category the Emergency Management Coordinator fell into.
Tom Vannini indicated that he is in category B, which means that he has use of the vehicle 24 hours a day for city business, and the vehicle is housed at his residence.
COMER CONTRACTING, INC. #1590
On a motion by Councilor Soliani, seconded by Councilor Waldron, the Council voted unanimously to accept the recommendation of the Purchasing Agent to waive the bid process and extend the Chip Sealing of Roads contract with Comer Contracting, Inc. at the current bid price of $1.37 per square yard for the continuation of our Chip Sealing program.
WRIGHT-PIERCE #1600
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to authorize the payment of $22,960.00 from Sanitary Sewer Capital Improvement Fund #490 to Wright-Pierce for work on the South Main Street Pump Station and Sewer Design and referred it to the Board of Finance.
WALTER COMBES #1620
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $987.50 from Sanitary Sewer Capital Improvement Fund #490 to Walter Combes for work on the Crestwood Road Sanitary Sewer Repair Project and referred it to the Board of Finance.
KERIN, FAZIO & LEONARD #1670
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the transfer of $3,800.00 from Contingency to Contract Services in the Assessor’s Budget for an appraisal fee to Kerin, Fazio, & Leonard in the Walgreens vs City of Torrington matter and referred it to the Board of Finance.
Corp. Counsel Yuille Weaver returned at 8:53 p.m.
FAIR HOUSING RESOLUTION #1820
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to adopt the City of Torrington Fair Housing Resolution.
Mayor Bingham indicated that this was part of the application process for the allocation of a $550,000.00 grant to do sidewalk repairs.
FAIR HOUSING RESOLUTION
WHEREAS, All American citizens are afforded a right to full and equal housing opportunities in the neighborhood of their choice; and
WHEREAS, State and Federal Fair Housing laws require that all individuals, regardless of ace, color, religion, sex, national origin, ancestry, marital status, age, mental or physical disability, lawful source of income, sexual orientation, familial status, be given equal access to rental and home ownership opportunities, and be allowed to make free choices regarding housing location;
WHEREAS, the City of Torrington is committed to upholding these laws, and realizes that these laws must be supplemented by an Affirmative Statement publicly endorsing the right of all people to full and equal housing opportunities in the neighborhood of their choice.
NOW, THEREFORE, BE IT RESOLVED that the City of Torrington hereby endorses a Fair Housing Policy to ensure equal opportunity for all persons to rent, purchase and obtain financing for adequate housing of their choice on a non-discriminatory basis: and
BE IT FURTHER RESOLVED, that the Mayor of the City of Torrington or his/her designated representative is responsible for responding to and assisting any person who alleges to be the victim of an illegal discriminatory housing practices in the City of Torrington.
Adopted by the City of Torrington on August 7, 2006.
BLDG. DEPT. REPORT #1855
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to accept the Building Department Report for June 2006.
UNITED WAY #1860
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council, with the exception of Councilor Soliani who opposed, voted to approve the request from United Way to install their thermometer in front of City Hall from September 6 to November 18, 2006.
MOU - EMERGENCY MANAGEMENT & HOMELAND SECURITY #1875
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to adopt a Resolution and to authorize Mayor Bingham to enter into a Memorandum of Understanding Between the State of Connecticut, Department of Emergency Management & Homeland Security, and the City of Torrington to receive grant funds in the amount of $196,387.00.
RESOLUTION
I, Joseph L. Quartiero, do hereby certify that the following is a true and correct copy of a Resolution adopted by the Board of Councilmen at its meeting on August 7, 2006, at which a quorum was present and acting throughout, and that the resolution has not been modified, rescinded, or revoked and is at present in full force and effect.
RESOLVED, that the, Thomas Vannini, be and hereby is authorized to act on behalf of the Board of Councilmen in executing a Memorandum of Understanding with the State of Connecticut, Department of Emergency Management and Homeland Security, for participation in the FY 2004 Emergency Management Performance Grant program.
IN WITNESS WHEREOF, the undersigned has affixed his signature this 8TH day of August, 2006.
JOSEPH L. QUARTIERO, CMC
TOWN CLERK
MOVE ITEMS ON AGENDA #1885
Councilor Dalla Valle made a motion to move items 17, 18, 19, & 20 up on the agenda. Councilor McKenna seconded the motion. Unanimous.
REC: PERSONNEL COMMITTEE #1900
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to hear any recommendations from the Personnel Committee. There was none.
RE-OPEN TO THE PUBLIC #1905
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to re-open the meeting to the public on Agenda items only.
Len Dube believed a public hearing on raising the income levels would be necessary.
BUS: DEPT. HEADS #1930
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to consider business by Department Heads.
Corp. Counsel Yuille Weaver indicated that she had just stepped out to check the statutes and informed the Council that no public hearing would be necessary for raising the income levels to qualified veterans. (After further research after the meeting, Corp. Counsel Yuille Weaver upheld her original decision that a Public Hearing was, in fact, necessary.)
BUS: MAYOR & MEMBERS #2015
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business by Mayor Bingham and members of the City Council.
Councilor McKenna commended the Parks Department for all the activities available in Torrington.
Councilor Jerram inquired whether the city had locked in on fuel.
Purchasing Agent Charlene Antonelli indicated that the city had locked in on the #2 Fuel and voted to go to the state for gasoline until we could get a better price.
Councilor Dalla Valle requested that the income levels for qualified veterans be placed on the next agenda.
He expressed his dissatisfaction with the fact that the city spent $2,000.00 on new parking meters. It was his opinion that the city should use the chalk system and remove the meters to make it more convenient for shoppers.
Mayor Bingham agreed that meters are a nuisance, but they are also a good way to keep people from parking for long periods of time and they bring in good revenue to the city. He felt we had great rates for our parking meters and we offer the opportunity to purchase parking passes for our municipal lots. He would bring Councilor Dalla Valle’s concern to the Board of Public Safety.
Mayor Bingham informed the Council that the city sent Maurice Moreau the documentation he needed to sign for the easement to install the sewage pumps on his property at Moreau Industrial Park. However the deadline has passed and we do not have an easement. We are now waiting to negotiate a new proposal. Construction has been halted because we don’t have an easement, nor funds for his portion of the project. A meeting with Moreau will be scheduled in the near future.
MOVE ITEM ON AGENDA #2325
Councilor Dalla Valle requested moving item #16 up on the agenda. (Vote to go into executive session under Contract Negotiations. (Tax Collector - No paperwork.) Councilor Jerram seconded the motion. Unanimous.
Councilor Dalla Valle requested removing item #16 from the agenda because the city is not in contract negotiations with the Tax Collector. Councilor Soliani seconded the motion.
During a discussion, Councilor Dalla Valle stated that he would be more than willing to have a discussion with the Tax Collector in public session.
Mr. Crovo indicated that his discussion would be about his contract, and chose not to discuss the matter in public session. He noted that he had on several occasions in the past, discussed his contract in executive sessions. He was seeking to amend and clarify his contract. He said he would be willing to end the executive session immediately if the Council and Corp. Counsel ruled that his discussion wasn’t proper.
Councilor Dalla Valle didn’t feel they could legally renegotiate a contract that’s current.
Councilor McKenna felt he would have to present the city with a formal proposal to amend his contract so the Council would be aware of what they would be discussing in executive session.
Councilors McKenna, Dalla Valle, and Soliani voted in favor of the motion. Councilors Jerram and Waldron opposed. On a 3-2 vote, the motion carried.
EXECUTIVE SESSION: VALMARK #2550
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to go into executive session at 9:15 p.m. under Contract Negotiations for Valmark Electric, (Tabled on 7/17/06) and invited Purchasing Agent Charlene Antonelli to attend.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Motion to reconvene into open session was made by Jerram, seconded by McKenna -- unanimous.
Motion made by DallaValle to add items 21 and 22 to discuss natural gas and gasoline contracts. Seconded by McKenna vote unanimous.
Motion made to discuss these matters in executive session made by Dalla Valle seconded by Soliani vote unanimous.
Motion to reconvene into open session was made by DallaValle, seconded by McKenna, vote unanimous.
Motion on item 21 to lock in a fixed price on natural gas by participating with a bid process conducted by CCM was made by Dalla Valle, seconded by Jerram vote unanimous.
Motion on item 22 to lock in gasoline at the fixed price of $2.80/gallon was made by McKenna, seconded by Jerram. Discussion that Council should take into consideration that gasoline will be locked in at $2.80/gal although $2.10/gal was allotted in the budget. Dalla Valle wanted it on record that the Council should bear an obligation to use the contingency funds to offset the gasoline burden. Councilman McKenna agreed. Vote called - unanimous.
Motion to adjourn at 9:35 p.m. was made by DallaValle, seconded by Jerram, vote unanimous.
Ernestine Yuille Weaver
Corporation Counsel
City of Torrington
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