MINUTES
CITY COUNCIL & WPC AUTHORITY
FEBRUARY 5, 2007
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, February 5, 2007, 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, and Marie P. Soliani, Corp. Counsel Ernestine Yuille Weaver, Public Works Director Gerald Rollett, Director of Elderly Services Nancy Gyurko, Tax Assessor Donna Patchen, Purchasing Agent Charlene Antonelli, Personnel Director Thomas Gritt, and the City’s Labor Consultant, Atty. Victor Muschell. Absent was Councilman Drake L. Waldron.
Mayor Bingham called the meeting to order at 6:35 p.m., immediately following the meeting of the Board of Trustees of the City Employees’ Retirement Fund scheduled for 6:30 p.m.
MINUTES # 085
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council, with the exception of Councilor Soliani who abstained, voted to approve the minutes of the regular meeting held January 16, 2007.
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council, with the exception of Councilors McKenna and Soliani, voted to approve the minutes of the special joint meeting with the Board of Finance held January 22, 2007.
OPEN TO THE PUBLIC #115
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public.
Gary Wilbur, Sal Barbieri, and Bill Moe, all residents of Dogwood Drive, spoke in regard to a street light on their street that’s been defective since November 2006. When Mr. Wilbur was informed by Mr. Fabbri that 20% of the city’s street lights would be eliminated, he started a petition requesting that the light be replaced and had it signed by twenty of his neighbors.
Councilor Jerram, Chairman of the Street Light Committee, confirmed that the city was in the process of identifying redundant street lights to eliminate. The city was compiling a comprehensive plan to do so, which would be open for public comment. The Street Light Committee is considering the light in question. The reason nothing has been done on this light since November is because the power company has to remove the wires from the pole. The city’s current contractor is not permitted to touch those wires.
AFSCME LOAL 1579 PUBLIC WORKS CONTRACT #430
On a motion by Councilor Jerram, seconded by Councilor Slaiby, a discussion took place in regard to the recommendations from Labor Council, Victor Muschell, and Personnel Director, Thomas Gritt, to accept the AFSCME Local 1579 Public Works contract for the duration of three years commencing retroactively on July 1, 2006 and ending June 30, 2009.
Atty. Muschell reviewed the tentative agreement with the Council. The wage increases include 3.5% in the first year retroactive to July 1, 2006, 3.25% in the second year starting July 1, 2007, and 3.5% starting July 1, 2008. Contrary to Atty. Muschell’s cost estimates for 2006 - 2007 and 2007 - 2008, Comptroller, Alice Proulx’s figure was $177,628.00. His cost estimate for 2007 - 2008 was $102,900.00.
The agreement reduces sick leave accrual from 1.5 days per month to 1.25 days per month, or 15 days per year instead of 18 days per year. In addition, the accumulated sick days has been reduced from the current 180 days to 150 days for current employees and 135 days for new employees. These changes significantly decreases the accumulation, which becomes important in the payout of unused sick days because it’s paid at the rate in effect at the time they leave employment. Ms. Proulx estimated that the accrued liability to the city in unpaid sick leave for this bargaining unit alone is $996,712.00.
Atty. Muschell said the agreement calls for the elimination of sick leave payout for all new employees starting from the signing of this contract. He explained how significant this will be for the city due to new accounting principles where cities are now required to show accrued liabilities on their balance sheets. Also under the new accounting standards, there’s a good likelihood that cities will have to start putting a “reserve” in their operating budget to pay off their liabilities on the balance sheet. This agreement reduces the $996,712.00 accrued liability to $944,000.00. As people retire, that number will decrease. It’s estimated that this liability will be totally eliminated within 15 to 20 years.
Atty. Muschell stated that the agreement also allows for vacancies to be posted first within the department from which it occurred, rather than posting the vacancy in all departments, irrespective of where the vacancy occurrs.
Atty. Muschell said the amount each employee pays toward the cost of medical insurance has been increased, retroactive to July 1, 2006 in the following manner: Single - from $5.00 to $7.25/week
Couple - from $10.00 to $12.00/week,
Family - from $14.00 to $15.50/week;
and, starting July 1, 2007, it will increase to 6% of the cost.
Atty. Muschell said he and Personnel Director, Thomas Gritt, recommend the approval of the contract.
VOTE #880
On the same motion, the Council voted unanimously to accept the recommendations from Labor Council, Victor Muschell, and Personnel Director, Thomas Gritt, to accept the AFSCME Local 1579 Public Works contract for duration of three years commencing retroactively on July 1, 2006 and ending June 30, 2009.
PUBLIC HEARING #885
Mayor Bingham called the Public Hearing to order at 7:00 p.m. to consider adopting an ordinance entitled “City Based Bidder Preference”, which will enable local businesses the opportunity to match the lowest bid on City funded projects.
Recording Secretary, Carol Anderson, read the Legal Notice.
Councilor Dalla Valle pointed out that the 6% was included in the wording of the proposed ordinance; however, it was not in the legal notice. The legal notice says it gives the vendor the option of matching the low bid, but it’s not open-ended, it’s a 6% match. If the next bidder is not within 6%, they are not offered the opportunity to match the bid.
Mayor Bingham asked for any comments from the public and/or the Council.
Dominic Colucci, 4150 Torringford Street, owner of Advanced Monogram at 114 Putter Lane, and Ron Raymond, 1343 Mountain Road, spoke in favor of the proposed ordinance.
Mr. Raymond noted that most city jobs were listed in the Waterbury newspaper rather than Torrington’s Register Citizen.
Purchasing Agent Charlene Antonelli stated that the Register was more expensive to advertise. She said anyone can register on the city’s website for an automatic e-mail bid application. Bid requests are also posted on the State of Connecticut website.
Mayor Bingham called the Public Hearing to a close.
ORDINANCE: CITY BASED BIDDER PREFERENCE #1100
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, a discussion continued in regard to the ordinance entitled “City Based Bidder Preference”.
Under a discussion, Councilor Dalla Valle indicated that the city will now be giving local vendor preference in the amount of 6%. If someone from out of town bids 6% lower than a Torrington resident or within that 6% range, the Torrington resident will have the option of coming back to match the low bid within that 6% to take the bid. The city was asking anyone who hasn’t registered a Trade Name Certificate with the Town Clerk to do so to serve as a verification that they are a local business.
Councilor Dalla Valle said the word “Bid” means $10,000.00 or more, but they defined the word “Bid” in the new ordinance to include all purchases, anything under and over $10,000.00. Any purchases made in the City of Torrington that go out to any vendor will have on the specs that the 6% is in effect.
He further stated that any business is welcomed to register their business with the Purchasing Agent to be included in the bidding process through her office.
VOTE ON ORDINANCE #1240
On the same motion, the Council voted unanimously to approve the ordinance entitled “City Based Bidder Preference”, to enable local businesses the opportunity to match the lowest bid on City funded projects. The ordinance will take effect 30 days from the date of publication.
CLEANING SERVICE BID (ST DEPT, REC HALL & ARMORY) #1275
On a motion by Councilor Slaiby, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the Purchasing Agent’s recommendation to extend the bid entitled “Cleaning Service for Street Dept., Recreation Hall, & Armory”, to Preferred Building Maintenance, for an additional one year period for the upcoming fiscal year at the same prices and terms as the current contract.
DIESEL FUEL BID #1280
On a motion by Councilor Slaiby, seconded by Councilor McKenna, the Council voted unanimously to accept the Purchasing Agent’s recommendation to award the “Diesel Fuel Bid” to Dime Oil Co. for its alternate bid proposal using prepayments as in the past. Total cost is $195,869.12 for 100,000 gal.
NO 3 HEATING FUEL BID #1300
On a motion by Councilor Slaiby, seconded by Councilor Soliani, the Council voted unanimously to accept the Purchasing Agent’s recommendation to award the “No. 2 Heating Fuel Bid” to Dime Oil Co. for its alternate bid proposal using prepayments as in the past. Total cost is $88,573.25 or $1.8605 per gal.
GASOLINE BID #1310
On a motion by Councilor McKenna, seconded by Councilor Slaiby, the Council voted unanimously to accept the Purchasing Agent’s recommendation for the city to maintain the 100% performance bond and award the “Gasoline Bid” to Buckley Energy for its fixed price bid of $1.8409 per gal, for a total cost of $196,717.67.
PURCHASE QUALITY DATA SERVICE - ASSESSOR’S OFFICE #1350
On a motion by Councilor Jerram, seconded by Councilor Slaiby, a discussion took place in regard to the Assessor’s request to purchase software from
Quality Data Services.
The city’s assessor, Donna Patchen, explained that the Council had recently awarded the revaluation to Total Evaluation Services. They have their own CAMA package, which the Assessor’s Office will be converting to. Within the bid, Total Evaluation Services included the costs of conversion, training, licensing, etc.
Mrs. Patchen further explained that her office has a two fold system; the CAMA side and the Administrative side. Quality Data Services has partnered withTotal Evaluation Services and developed their two systems to allow them to interface and work as one live system. This will eliminate a number of manual procedures.
Mrs. Patchen explained exactly what this software will do to bring the office into the 21st century. To hear the entire discussion, please refer to the tape dated 02/05/2007.
Mrs. Patchen indicated that Quality Data Services is offering the City of Torrington a 47% discount if we purchase the software bundled together at this time. They are also willing to spread the cost over a three year period. The first year would include this fiscal year with the one-time cost of a sequel server. Mr. Hoffman estimated a server to cost anywhere between $6,500.00 and $9,000.00. She noted that she had $12,000.00 in her budget to convert the format of their current information to match that of Quality Data Services. If Mr. Hoffman can perform this task, the $12,000.00 can either be decreased or eliminated totally.
Mrs. Patchen stated that the cost for the first year would be $40,501.00 and the 2nd and 3rd years would be $31, 501.00 respectively.
Mrs. Patchen informed the Council that the Tax Collector was totally agreeable to this change in software.
Mayor Bingham explained the different options available to the city in order to purchase the package.
Councilor Soliani inquired whether or not the amount of overtime in the Assessor’s office could be reduced if the package was purchased at this time.
Mrs. Patchen said probably not this year because they are short on staff, but it will help once the system is in place and all the information is converted.
MOTION #2110
Councilor Dalla Valle made a motion to take “Up To” $40,501.00 from Contingency in this year’s budget, and the Assessor will budget $31,501.00 in the 2007-2008 budget and $31,501.00 in the 2008-2009 budget. Councilor McKenna seconded the motion.
AMENDED MOTION
Councilor Dalla Valle amended his motion to include waiving the bid process and award the Assessor’s software purchase to Data Quality Services for the entire project totaling “Up To” $103,703.00.
Mrs. Patchen indicated that the support fees totaled $7,750.00. It’s possible that Data Quality Services could increase their support fees in the second or third year and wanted to make sure the motion didn’t lock them into certain support fees. She said it wasn’t part of the initial package because it’s a variable that could change.
Councilor Dalla Valle indicated that this was a maintenance item that she would have to budget for in the future.
AMENDED MOTION #2485
Councilor Dalla Valle amended his motion once again to include waiving the bid process and award the Assessor’s software purchase to Data Quality Services for the entire project totaling “Up To” $80,250.00.
RESCIND MOTION
Councilor Dalla Valle rescinded his motion and amendments. Councilor McKenna rescinded his second.
NEW MOTION #2505
Councilor Dalla Valle made a motion to waive the bid process and award the bid for the Assessor’s software to Quality Data Services in the amount “Up To” $80,250.00, from which “Up To” $40,501.00 will come from Contingency in the current budget, and referred the matter to the Board of Finance. Councilor McKenna seconded the motion. Unanimous.
FINAL ACCEPTANCE - ROOSEVELT AVE. #2560
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to approve the final acceptance of a 446' extension of Roosevelt Ave. The performance bond for construction will be released to Hemlock Construction, upon this approval.
SMALL CITIES: L WAGNER & ASSO #2585
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $21,972.50 from Small Cities Fund #250 to L. Wagner & Assoc. for professional services rendered January 1, 2006 through December 31, 2006 in regard to the Housing Rehabilitation Program.
SMALL CITIES: CITY OF TORRINGTON #2595
On a motion by Councilor Soliani, seconded by Councilor Slaiby, the Council voted unanimously to authorize the payment of $75.00 from Small Cities Fund #250 to City of Torrington for Title Search performed.
ADD TO AGENDA #2620
Councilor Dalla Valle made a motion to add an item to the agenda by 2/3rds vote in regard to a request from the Nutrition Program. Councilor McKenna seconded the motion. Unanimous.
Councilor Dalla Valle made a motion to waive the bid process and purchase software from Accessible Solutions entitled SurfTracker in the amount of $15,378.50. Funds will entirely come from grants and membership fees.
Councilor McKenna seconded the motion. Unanimous.
BUILDING DEPT #2845
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to accept the Building Department Report for December 2006.
APPOINTMENT: BOARD OF ETHICS #2850
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to appoint John “Jack” Dillon to the Board of Ethics to replace Donna Isely, for a term ending September 2008.
RE-OPEN TO THE PUBLIC #2920
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to re-open the meeting to the public on Agenda Items only.
Mr. & Mrs. Bakunis indicated that they have problems parking due to the Rainbow Restaurant. He was referred to the Board of Public Safety.
BUS: DEPT. HEADS #2990
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to consider business by Department Heads.
Public Works Director, Gerald Rollett, had an update on winter storm management costs. He stated that the average amount spent by the end of January is approximately $300,000.00 and this year, we’re at $50,000.00; however, we are required to purchase a certain quantity of sand and salt, so expenditures will exist for storm maintenance. It is possible to stockpile materials for next year. The winter storm budget is $485,000.00.
Mr. Rollett indicated that chemical additives to the salt was used on approximately 25% of the city streets this year. This year has not been a good year to determine if the additive is cost effective. It is apparent however, that snow hasn’t accumulated on the sides of the roads where the additive has been used and those areas require less maintenance.
Mr. Rollett also gave the Council an update on recent comments from the Army Corps of Engineers in regard to the current conditions of the city’s levees.
Mr. Rollett explained that the Army Corps of Engineers rebuilt the stream banks in downtown Torrington after the flood of 1955. The city entered into a contract with the Corps to provide maintenance of those areas. The Corps has always looked for a baron drainage channel running through the City of Torrington. The Corps would like to see rip rap stone beds, clean dikes, and completely available space for flood flow beyond the dikes on the upland side. Several years ago, the Corps provided the city with resources and funds to do some river restoration work. With the help of a certain branch of the Corps, the DEP, and the public, the environmental health of the river has been restored. The city removes brush along the river every year, and usually receives a “fair” report
after it’s inspected by the Corps. Various groups within the city have added boulders and made trails along the river. The river is now a major fishery. Unfortunately, a “fair” report is a failing one. They want to see a rating of “good” or better. The Corps’ first response to the city after their last inspection was that all the levees and dikes would be de-certified, essentially removed from their program. The result would create an area that could potentially flood Torrington, theoretically on paper, making it necessary for those people who live in those areas to purchase flood insurance.
Mr. Rollett said they were told that the Corps is looking at a larger program that will potentially require anyone being protected by a flood structure to purchase flood insurance. Short term, they were told that all flood protection areas in Torrington would be de-certified by December 31st, and residents currently being protected by flood structures would have to purchase flood insurance.
The Corps maintains that the city will have to abide by our contract and clear the dikes. The Corps has allowed the City of Torrington to study the problem. We have 90 days to look at the identified areas and come up with a plan to address the problems. Mr. Rollett said he truly believes the Corps thinks they can come up with such a plan to clear the rivers and bring them back to a drainage channel going through downtown Torrington. Legislation is pending that will force the DEP to partner with the City. While the DEP and the environmental groups want a healthy river, fishing, and recreational opportunities, the Corps wants to protect lives and property. Mr. Rollett is hopeful that, with the partnership of the DEP and the consultants they’ve hired, they will be able to work
with the Corps to find a solution that everyone is agreeable to.
Contrary to what the newspapers reported, the city is liable because the city entered into a maintenance contract with the Corps of Engineers for the flood protection area through downtown Torrington. Funds for the study are currently budgeted under the Phase II Storm Water Line Item. Mr. Rollett will try to stretch the project into two or three years, if possible, and provide the proper level of protection as well.
BUS: MAYOR & MEMBERS #275
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to consider business by Mayor Bingham and members of the City Council.
The Council congratulated Councilor Jerram for receiving an award at the Elks.
Councilor McKenna inquired who authorized the construction project on East Main Street. (Coffee Shop.)
Mayor Bingham stated that it was a matter being addressed by Planning & Zoning. The state is also involved since it’s a state road.
Councilor Jerram thought it was time to put a hard number on having the Twisters come to town. He imagined that many residents would like to see the youth of the city take greater advantage of that beautiful facility.
Mayor Bingham said he would work to get that number for Councilor Jerram.
Councilor Dalla Valle indicated that the suitcase drive is still ongoing.
Mayor Bingham indicated that he was still in the process of getting volunteers to sit on the City Hall Renovations Committee. Mayor Bingham met with Gerry Rollett, Building Official Brett Zuraitis and Fire Marshal Timothy Taurau to review an RFQ for an architectural firm that includes a code consultant component, which would help tremendously to meet the code requirements in this project.
Mayor Bingham reported that a car crashed into the North End Fire Station during the storm on Saturday morning. Although there is much damage to the station, no one was hurt.
Corporation Counsel Weaver stated that the insurances involved are working on this matter in an expedient manner.
Councilor Dalla Valle suggested that, perhaps the Safety Board could have some type of guide rails installed, since it’s the third time the building has been hit.
EXECUTIVE SESSION #640
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to go into Executive Session for an update on Pending Litigations.
ATTEST: CAROL ANDERSON
Recording Secretary
OPEN SESSION
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to reconvene into open session.
ADJOURNMENT
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to adjourn.
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