MINUTES
CITY COUNCIL & WPC AUTHORITY
MAY 21, 2007
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, May 21, 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, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, Tax Assessor Donna Patchen, Purchasing Agent Charlene Antonelli, Fire Chief John Field, Deputy Fire Chief Jaye Giampaolo, and Data Processing Manager William Hoffman.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES #010
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council, with the exception of Councilor Jerram who abstained, voted to accept the amended minutes of the special joint meeting with Board of Public Safety held April 9, 2007.
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the Council voted unanimously to accept the minutes of the regular meeting held May 7, 2007.
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council, with the exception of Councilor Jerram who abstained, voted to accept the minutes of the Public Hearing on the city budget held May 10, 2007.
OPEN TO THE PUBLIC #045
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to open the meeting to the public. There was no public participation.
NEW LINE ITEM: BOARD OF EDUCATION BUDGET #055
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to approve a new Line Item in the 2007-08 budget for a Board of Education Contingency. That line item, 0010-0047-5653-0000 will be funded with $250,000.00 for out-of-district placements and the Board of Education will have to appear before the Board of Finance to request funds, should the need for funds for out-of-district placements occur.
PRIOR YEAR ENCUMBRANCES
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to authorize the expenditure of $108,400.00 from prior year encumbrances for the purchase of a telephone system and a new AS400.
CONTRACT SERVICES: ASSESSOR’S BUDGET
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to authorize the budget transfer of $8,800.00 from Contingency to Contract Services in the Assessor’s Budget to cover the cost of permit work for May and June and the cost of the 2005 Personal Property audit.
Councilor Jerram asked Tax Assessor Donna Patchen if funds in her current budget for an individual to do permit inspections were expended.
Mrs. Patchen said yes. She noted that the Council denied her request for $5,000.00 in a line item for Legals at the beginning of last year’s budget, and when the bill came in for the appraisal for the law suits, she was instructed by Council to use funds from Contract Services and come back before them at the end of the year to cover the individual who does the permit work.
Councilor Jerram asked if the permit work for May and June could be picked up by the reval team.
Mrs. Patchen said no, the reval team was not contracted to do permit work.
HVAC SERVICES #240
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to accept the Purchasing Agent’s recommendation to renew the HVAC Services contract with West State Mechanical, Inc. for another year with the increases requested in their memo dated May 10, 2007.
SOUND WORKS: FIRE HEADQUARTERS SECURITY #270
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, a discussion took place on the request to accept the Board of Safety’s recommendation to award a contract entitled “Fire Headquarters Security” to Sound Works and Security for $12,707.00.
Councilor Dalla Valle questioned the amount in the motion. He acknowledged the fact that the Fire Department had $4,000.00 in their budget to pay for a portion of this request, but that didn’t alter the amount of the bid they were asking the Council to waive of $16,958.00.
AMEND MOTION #320
Councilor Jerram amended his motion to accept the Board of Safety’s recommendation to award a contract entitled “Fire Headquarters Security” to Sound Works and Security for $16,958.00. Councilor Dalla Valle amended his second. Unanimous.
APPOINTMENTS: BOARD OF ETHICS #380
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to appoint Candace Barth and Kathleen Fern Rines to the Board of Ethics as Alternates for three year terms to expire in September 2008.
CABLE TV ADVISORY COUNCIL #395
On a motion by Councilor Slaiby, seconded by Councilor Jerram, the Council voted unanimously to appoint Eugene Farley to the Cable TV Advisory Council to fill a vacancy for a two-year term to expire in July 2008.
TORRINGTON AREA HEALTH DISTRICT #400
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to appoint Dr. Mark Mashia to the Torrington Area Health District to fill a vacancy for a three-year term to expire in January 2008.
RE-OPEN TO THE PUBLIC #405
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to reopen the meeting to the public for “Agenda Items” only. There was no public participation.
BUS: DEPT. HEADS #415
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #425
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Dalla Valle thanked the Parks & Recreation Department for participating in a joint venture with the Senior Center to help with the gardens.
Councilor Dalla Valle reported that he is now certified in training for pandemic flu. He invited the Fire Department, as well as others, to use his services.
Councilor Dalla Valle also reported finishing the CERT training (Community Emergency Response Team).
Councilor Jerram commended Public Works and the Street Department for moving quickly with their road work.
Councilor Waldron reported that all went well when a power failure occurred during a school assembly.
Councilor Soliani thanked the Police Department for the memorial ceremony they did on Tuesday morning.
Councilor Slaiby inquired whether the Board of Education was still picking up the tab for the lights at the middle school football field.
Councilor Jerram said the original agreement when the complex was built, during the Gryniuk and Dr. Shine administration, was that the Board of Education would pick up the tab. When Dr. Riccio became Superintendent of Schools, he attempted to amend the agreement and at that point said that they would no longer pay for the lighting. Last October, the Board of Education had the power shut off without notice. A new agreement is still being attempted because the football program is trying to become more self sufficient, but there hasn’t been much movement by the Board of Education.
Councilor Slaiby asked if anything was being done about the skate park being used during school hours.
Mayor Bingham said on-going discussions and meetings are taking place on this matter. He offered to share the notes he had with Councilor Slaiby after the meeting.
Councilor Waldron noted that they were starting to have a graffiti problem at the skate park as well.
Mayor Bingham noted that those who use the park have to prove to the city that they can respectfully take care of it.
Councilor Slaiby informed the board that the Mayor’s Committee on Youth will be sponsoring a concert this Friday at the Armory from 6 to 10 p.m. to raise funds to add to the skate park.
Mayor Bingham reminded the Council that the Memorial Day Parade will be held on Monday, starting at 9:30 a.m.
A five minute recess was held at 6:55 p.m.
PUBLIC HEARING
City Clerk, Joseph L. Quartiero, read the legal notice.
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to consider a new ordinance for Coe Park to be added to current ordinances.
Mayor Bingham called the public hearing to order at 7:00 p.m.
Matt Pagano, 125 Eastwood Road, spoke on behalf of the 4th Annual Tour of the Litchfield Hills, which is a bicycle tour involving between 1,200 to 1,400 participants. He stated that one of the main ways they raise funds is through sponsorship. Last year, $81,000.00 was raised for the Center for Cancer Care Fund, which is a patient assistance fund. If someone is single and living alone, grants may be written from this fund to help offset some of their basic living expenses. They recognize their sponsorships through tee shirts, brochures, and the web site. However, the most obvious recognition they can provide their sponsors is signage on the day of the event.
Mr. Pagano said he did not see the notice in the newspaper, nor did he have the opportunity to read the language for the proposed ordinance for Coe Park, specifically the signage issues. He stated that the signage they used in the park in the past is pretty substantial. They have a 20 foot long banner that hangs above the stage and half a dozen 3 X 4 foot signs that recognize each of the sponsors. This year they had for the first time a $3,000.00 local car dealer who desired to park a vehicle in the park. He could understand the committee not wanting people to drive stakes in the ground because of all the work that’s been done with respect to the irrigation and electrical, but there had to be some way they could approve some signage. His committee was more than willing to work with
the Parks and Rec Steering Commission and its employees to make certain any signage will be appropriately placed so the infrastructure under the turf isn’t affected in any way.
Mr. Pagano said for fifteen years, the Tour de Torrington and for four years, the Tour of the Litchfield Hills has been held at Coe Park and they very much enjoy the venue as the 1,200 to 1,400 visitors do who come to this town each year for the event. He asked the Council to carefully consider any provision in the proposed language that specifically prohibits signage.
Councilor Soliani asked Mr. Pagano if they preferred to have signage on the day of the event.
Mr. Pagano said “Very much so.” Prior to the park’s renovations, they used a vertical 4 X 8 foot, nicely done sign that has always secured in the ground. They understood that Parks & Rec employees have to be the ones to dig the holes because of union rules and they were grateful to be able to display the sign. It was his understanding that signs have been banned from Coe Park in general, and that they can’t have a sign in Coe Park for the six weeks leading up to the event, but signs the day of the event are crucial since they represent and recognize the sponsors.
Councilor Dalla Valle asked Mr. Pagano if his committee would be willing to go with signs authorized by the sub committee just on the day of the event. It was his understanding they Parks & Rec didn’t want anything stuck in the ground as they were in the past.
Councilor Slaiby asked if the sign placed in Coe Park each year listing the summer concert series won’t be allowed should the ordinance pass as proposed.
Mayor Bingham said he didn’t believe it would be allowed.
Councilor Slaiby said the park is for people to enjoy and make the best of it. He asked if it was possible to create a sub committee to approve signs.
Councilor Dalla Valle said the ultimate answer is to listen to public comments. He noted that he purposely asked that the vote on said ordinances be delayed so the Council could absorb comments from the public and make modifications if necessary. He suggested that the Ordinance Committee meet once more to discuss the public comments prior to the following Council meeting when a vote will be taken.
Councilor Waldron suggested re-wording the ordinance to say “No signage of any type be placed in or around the grounds of the park without the explicit approval of the Parks & Recreation Commission.”
Councilor Jerram asked Mr. Pagano when the event is scheduled.
Mr. Pagano said August 5th. He added, that based on their past experience and to the best of their knowledge, there has never been any rules codified governing signs in the park, they talked about the fact that they would have signage the day of the event when they solicited sponsors. They never had a reason to think otherwise. Their brochures have already been printed, which have the sponsors on them.
Councilor Jerram asked if they traditionally had signs up six weeks prior to the event.
Mr. Pagano said traditionally, yes. He understood their sign was an issue last year and was completely resigned to the fact that they would not have signage up before the day of the event hereafter. He never expected “day of signs” to be affected.
Councilor Dalla Valle indicated that the proposed ordinance will most likely be voted on in two weeks. If the ordinance is approved, a legal notice is placed in the newspaper and the ordinance goes into effect thirty days from the day of the legal notice. Unfortunately, the ordinance would take effect prior to the Tour de Litchfield Hills, but he hoped they could come to some kind of resolution that would be good for everyone.
Susan Holbrook, a Coe descendant and member of the Coe Park Sub Committee who helped to write the proposed ordinance, spoke on behalf of the sub committee.
She noted that safety has become a major factor in Coe Park. She stated that an 86 year old woman who was visiting the park last year was hit in the head with a frisbee. Last year, a gentleman took a shower in the memorial fountain and two weeks ago, a gentleman in the process of setting up two tents, claimed his rights were being violated when he was told that doing so was clearly against the existing ordinance. Children get hurt when they attempt to climb the Viet Nam Memorial Fountain.
Ms. Holbrook indicated that they tried to address the issue of signage very carefully. The sub committee and some members of the Parks & Rec Commission are in agreement that Coe Memorial Park is not an advertising agency. A company was hired to make billboard holders and they were installed at the tip of the park. The sub committee considered putting up signs on the “day of” the events. They even considered letting existing organizations continue with their signage, but others felt it necessary to circumvent the protocol which they were required to follow. They finally stopped the signage for a while because the park was being abused. Some groups resorted to sandwich boards but chained them to various structures within the park.
Ms. Holbrook explained that the land at Coe Park belongs to the city, and Parks & Rec is in charge of Coe Memorial Park because it’s a city park. They were willing to donate the two sign holders to the armory or city hall so that any signage that would pertain to an event could be posted on them in front of the armory or city hall. No one ever took them up on their offer. With regard to the Tour de Torrington, Ms. Holbrook is proud that it begins and ends at Coe Memorial Park. Coe Park is a passive park, unlike Fuessnich Park which is a recreational park.
Councilor Slaiby agreed that bathing in the fountain, pitching tents, etc. is atrocious. In terms of signage and even airborne projectiles, it was his belief that a park needs livelihood. He agreed that signs promoting events that don’t take place at Coe Park should not be there, but in terms of activities that will actually occur at the park, such as the Tour de Torrington, it seems like the likely place for signage is in the park where it’s going to occur.
Councilor Slaiby thought it was appealing to have twenty kids playing frisbee at the park. He thought everyone would agree that Torrington was looking for that type of atmosphere downtown. If anything, he would almost encourage more activity like that in the park.
With all due respect, Councilor Dalla Valle disagreed with allowing projectiles at Coe Park.
Councilor Dalla Valle asked Ms. Holbrook if the sub committee had ever considered allowing signs in the sign posts in the past.
Ms. Holbrook said they were willing to do “day of” signs if they conformed to their sign standards and fit in the sign posts. They actually considered allowing two colors only. When they ran into a problem, the sub committee as well as the Parks & Recreation Commission, reached a conclusion to eliminate signs on Coe Memorial Park. They have to follow their protocol, which is to make recommendations and the Parks & Recreation Commission either accepts them or denies them, and, if necessary, bring them to the Council.
Councilor Dalla Valle asked what they would think of a standardized sign placed in the sign posts that could be changed for each event.
Ms. Holbrook said she was representing the sub committee, and would need their input on such a suggestion. She reiterated that they had already reached a conclusion to eliminate all signage due to all the problems they encountered in the past.
Councilor Dalla Valle asked Ms. Holbrook if the sub committee was not even willing to consider “day of” event signs.
Ms. Holbrook indicated that Dr. Pagano circumvented all systems last year. In that instance, the sign was installed then removed, then re-installed. It caused hard feelings with other groups who were denied the opportunity to install their signs. It became a policy last year, and now they are taking it one step further to pass a city ordinance.
Ms. Holbrook indicated that Coe Memorial Park will be having its 100th anniversary on June 10th between the hours of 1 and 5 p.m. She invited the Council to attend. Advertisement is being done through word of mouth and advertising, no signs will be installed. RJB will be placing a time capsule in a corner stone of the Civic Center. She thanked the Council for their complete support.
Councilor Dalla Valle said the Torrington tradition is helping people in need. We are known throughout the state and country for helping others in need and it would be a sin not to allow “day of” signs for events that are raising money for causes that help people in the worst times of their lives.
Ms. Holbrook said the sub committee will re-visit the ordinance. Perhaps there is room for negotiation. Eventually the sub committee would like to negotiate directly with people who want something from Coe Memorial Park. They would prefer not to be overlooked.
Councilor Dalla Valle suggested allowing signs on an authorized basis only. He noted that Mayor Bingham recently appointed him and Thomas Scoville as liaisons to Parks & Recreation and he couldn’t see why they couldn’t encompass matters such as this.
Councilor Dalla Valle said a lot of people don’t even know the sub committee exists and therefore go directly to Parks & Recreation. The Coe Park Sub Committee is a group who does a lot of work, but their work is mostly done behind the scenes. They can work on that.
Mayor Bingham called the public hearing to a close at 7:35 p.m.
PUBLIC HEARING #2130
City Clerk, Joseph L. Quartiero, read the legal notice.
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to consider an ordinance entitled An Ordinance Regulating Bidding on the Public Construction Projects in the City of Torrington.
Mayor Bingham called the public hearing to order at 7:37 p.m.
Tim Sullivan, 2 North Plains Industrial Road, Wallingford, Ct. Spoke on behalf of the New England Regional Council of Carpenters. As a construction professional with thirty years in the industry, he expressed his concern over the attitude people have toward the Workers Compensation Program, and the taxation system that provides for the public service in the State of Connecticut. This is done under the guides of classifying employees as 1099 subcontractors. The proposed ordinance is clearly aimed at putting employers on notice that this practice won’t be tolerated on city jobs. It doesn’t propose any new paperwork or any new policing by the City of Torrington. It will require contractors to fill out the current Davis Bacon, sign an affidavit, and continue with the practice of
weekly payrolls on Davis Bacon jobs. It would also require the participation in state certified apprenticeship programs. It would impact trades such as operating engineers and carpenters, which are currently classified as skill trades but don’t require a license, but would not impact trades like mechanical, plumbing, electrical, heating and air conditioning.
These programs are available to any contractor, union and non-union, who wish to engage in them. The program which the Connecticut Carpenters’ sponsor is done without tax dollars and bears no expense to taxpayers. It may wind up being a boom to legitimate industries and companies that engage in apprenticeship programs because it would allow them under current Davis Bacon laws to pay at a lower hourly wage. They are legitimate apprentices, they can be paid as apprentices and no longer requires to be paid as journeymen. This enables young people to learn a trade and places them in a competitive advantage. Approximately twenty one apprentices reside in Torrington, in addition to a substantial membership who live and pay taxes in the City of Torrington who would like the opportunity to work
on public structures and/or public works, in order to further their craft, learn a trade, and feed a family. The proposed ordinance is not a union only ordinance. It is available to any member of the Associated Building Contractors, and any union shop. O & G, RJB, and Nickerson participate in it. It’s done without public money. It is state certified, state monitored and there is accountability.
James McArthy, 248 Main Street, Torrington, 1st year apprentice said he looks for jobs in the local area that he can easily get to. He explained that apprentices run into complications when they start because they’re not as stable as journeymen. More jobs are available for journeymen because they are more skilled. However, those journeymen were once apprentices. He said he’d appreciate more jobs in Torrington or surrounding towns until such time as he becomes more knowledgeable in his field.
Councilor Jerram asked Mr. McArthy if the opportunity was available after he graduated from high school to get some type of formal training to learn his craft.
Mr. McArthy said there was, but he ran into complications with transportation and his finances. He said he couldn’t provide the necessities of life if he’s in training. The carpentry union provides not only training, but an income for his future as well as a pension.
Councilor Jerram indicated that he was asking the city to hire people at a higher cost to the city in order to subsidize his training.
Mr. McArthy said he was willing to contribute by working in the city as an apprentice, and as such, the city wouldn’t be paying as much as they would for journeymen.
Councilor Jerram said the tradition has been that, if a company needs skilled employees, then it’s in their best interest to hire people and train them. It’s a business decision on the part of the company. Most companies hire and train employees at their expense to do the jobs they need completed. Their customers don’t allow them to charge any more than the market rate for their service. Councilor Jerram said this ordinance was proposing to pay a greater expense to help offset the training costs for apprentices. The city is being asked to pay prevailing wages on every project, which means that taxpayers would pay a higher price to help companies train their employees. He wasn’t certain this was the right place for city government.
Mr. McArthy said the other companies he had applied to for work did not have the thorough necessary programs benefits and protection that the Union is providing. It was his belief that many employers wanted to get the most from their employees as opposed to helping them learn so they can be better in their profession.
Councilor Jerram told Mr. McArthy that he wasn’t unique to any other 24 year old. What the union is trying to accomplish to help their apprentices is what unions do; that’s one of their functions. We, as a city, need to carefully digest these ordinances and their impact on the cost of the city doing business.
Mayor Bingham called the public hearing to a close at 7:52 p.m.
PUBLIC HEARING
City Clerk, Joseph L. Quartiero, read the legal notice.
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to consider an ordinance entitled An Ordinance of the City of Torrington Providing for the Billing and Collecting of Available Funds to Offset Fire and Rescue Services.
Mayor Bingham called the public hearing to order at 7:53 p.m.
Anthony Basso, 34 Chamberlain Street, asked Chief Field, if firefighters were to pump water from a cellar, would this work take them away from any type of duty they should be performing at the fire department.
Chief Field said it could take them away from their duties. It depends on how many calls they receive at once. If there are no other calls, pumping a cellar for instance, would not take them away from anything other than their normal daily duties, such as training, preparation for response, cleaning and maintaining vehicles, etc.
Mr. Basso said “Do you realize, charging the taxpayer, or actually the third party, their insurance company, ultimately the taxpayer is paying for this because their premiums are going to increase for their policies. So for the taxes we pay in the city, we should be getting something for free.” He asked
why people should have to pay a higher premium for their insurance because the fire department pumped out their basement.
Chief Field stated that the ordinance came about to address the issue of going to the same home on several occasions, utilizing their services to take care of a problem the owner should take care of. It’s not the city’s responsibility to take care of an owner’s problem. There have been many instances where the fire department has pumped out the same basement two or three times. It isn’t fair to repeatedly go to one address while another homeowner takes care of their own problem.
Chief Field reported doing 240 pump outs during the last rain storm at a cost of $24,000.00 to the city in overtime. There’s a cost associated with each pump out for every taxpayer in the City of Torrington.
Councilor Slaiby asked Chief Field if the ordinance can set limitations whereby only those people who repeatedly request the fire department to pump out their basements get charged.
Chief Field indicated that the proposed ordinance will simply allow the Board of Public Safety to develop a fee schedule. A person in need will get one pump out a year and get charged for a second and third. It’s the same for inspections where the Fire Marshal needs to return to the same place two or three times because someone doesn’t want to correct their problems. It’s also a question as to where the liability falls. The fire department is there as part of the system to try to help people as much as they can but it’s the homeowner’s responsibility to take care of their own problems.
Mr. Basso was happy to learn that the taxpayer would not get charged for the first pump out each year, but would be charged for a second, third, etc.
Councilor Dalla Valle indicated that this ordinance is fashioned after one that was passed for the Police Department years ago in regard to false alarms. The time it took away from their jobs to go to a false alarm forced the city to pass an ordinance that bills the homeowner or business after so many false alarms.
Councilor Jerram noted that the ultimate goal is to eliminate redundant calls for help in order to keep our public safety personnel available for true emergencies.
Councilor Soliani said some people prefer using the fire or police department as their personal proteges when they should be hiring a professional person to fix their alarm or pump out their basements. That costs the city money in terms of time, plus possible liability issues.
Mayor Bingham pointed out that the proposed ordinance includes an appeal process.
Sandee Vines, 149 Old Burrville Road, indicated that she was one of those 240 calls to have her basement pumped out. She noted that she only called twice, both were during extreme conditions. The second time, the fire department did not pump her out.
She informed the Council that she was surprised to get a letter from the fire department prior to even hearing about this public hearing.
Chief Field informed her that every single person who called for a pump out during the last storm received the same letter.
Ms. Vines said she believed the water problems in her area (Old Burrville Road) is caused by the road behind her. One of her neighbors called the DEP because someone re-routed the water coming from Burr Mountain under their driveway, which goes right into the woods behind Ms. Vines’ house, and the DEP did nothing.
Mayor Bingham pointed out that her problem was a separate issue altogether. If it’s an ongoing problem, the city will get in touch with her.
Mayor Bingham called the public hearing to a close at 8:12 p.m.
ADJOURNMENT #290
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 8:12 p.m.
ATTEST: JOSEPH L. QUARTIERO
CITY CLERK
| 
