MINUTES
CITY COUNCIL & WPC AUTHORITY
SEPTEMBER 4, 2007
A REGULAR MEETING of the City Council & WPC Authority was held on Tuesday, September 4, 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, WPC Administrator Raymond Drew, and Police Chief Robert Milano.
Mayor Bingham called the meeting to order at 6:38 p.m., immediately following a meeting of the Board of Trustees of the City Employees’ Retirement Fund scheduled for 6:30 p.m.
MINUTES #110
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the board, with the exception of Councilors Jerram and Soliani who abstained, voted to
accept the minutes of the regular meeting held August 20, 2007.
OPEN TO THE PUBLIC #125
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board voted unanimously to open the meeting to the public. There was no public participation.
ALCOHOLIC BEVERAGES: COE PARK #135
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, a discussion was held in regard to the request for the City Council to allow alcoholic beverages to be served at the American Cancer Society event being held at Coe Memorial Park on September 11, 2007.
Councilor Dalla Valle indicated that Trish Morrissey, representative from the American Cancer Society, received approval from the Parks & Recreation Commission during last month’s meeting to use Coe Park as the “kick off” location for their upcoming event, Making Strides Against Breast Cancer. He noted that the application given to Ms. Morrissey by Parks & Recreation stated that written permission was required from the City Council in order to serve liquor at an event to be held at Coe Park.
Trish Morrissey indicated that she received full support from Parks & Recreation. It was her belief that it was just a matter of course to submit a written request to the Council in order to serve liquor during their event.
Councilor Soliani pointed out that the Charter states that alcohol will not be served in any other facility but Fuessenich Park and the Armory, and that a Charter change would be required before any alcohol could be served at Coe Park.
Ms. Morrissey stated that the location for their event could not be changed because invitations had already been sent; however, she stated that they would much rather have Coe Park than wine because it’s such a great facility, and the absence of alcohol will not be a deal breaker. The idea is to focus on the meaning of the event.
The application stated that Council approval was required in order to serve liquor at Coe Park, but the matter never came up until now, and that statement will be removed. Councilor Jerram noted that the application appeared as though it was geared for the Armory and someone might have changed the heading for Coe Park.
Mayor Bingham stated that this information will be passed along to the Parks & Recreation Commission to make certain the inappropriate wording is removed.
Chief Milano indicated that a one-day permit from the State Liquor Control Commission will be required even if the Council passes an ordinance that would allow alcoholic beverages to be served or sold.
No vote was taken at this time. Please refer to #670.
APPEAL: SEWER CONNECTION FEE, DOBROVA #440
On a motion by Councilor Jerram, seconded by Councilor Slaiby, a discussion took place in regard to the request for the City Council, acting as the Water Pollution Control Authority, to deny Mr. Nedzat Dobrova’s request for an installation plan of $300.00 per month at no interest in regard to the sewer connection fee in the amount of $7,500.00 for property located at 9 Riverside Ave., List #501, M/B/L/ 109/009/001.
WPC Administrator Raymond Drew stated that the vote before the City Council, acting as the Water Pollution Control Authority, is to deny the request from Mr. Dobrova. Mr. Drew noted that the ordinance applies only to connection fees which are in excess of $10,000.00, at which time, a property owner may apply to pay said fees in installments. During his tenure, no installment plan has ever been implemented without a simple interest calculation of 5% per year, based on the balance within that year, and no installment plan has ever been approved on an amount less than $10,000.00.
Mr. Dobrova said his budget would allow him to pay $300.00 a month until the fees are paid in full in three years.
Corporation Counsel Weaver indicated that the ordinance does not give the Council the authority to consider installment plans for less than $10,000.00.
Mr. Drew noted that, to the best of his knowledge, Mr. Dobrova received the certificates of occupancy for the three additional apartment units, and assumed that Mr. Dobrova was allowed to use them. However, he still owes the WPCA $7,500.00. The city’s recourse for collection is to place a lien on the property.
It was pointed out that the certificates of occupancy were issued without the permits being paid for, which is not the normal procedure for the City of Torrington.
Councilor Soliani indicated that the city should look into the fact that the certificates of occupancy were issued without the permits being paid.
Councilor McKenna noted that the ordinance ties the Council’s hands to do anything on this matter.
On the previous motion, the City Council, acting herein as the Water Pollution Control Authority, voted unanimously to deny Mr. Nedzat Dobrova’s request for an installation plan of $300.00 per month at no interest in regard to the sewer connection fee in the amount of $7,500.00 for property located at 9 Riverside Ave., List #501, M/B/L/ 109/009/001.
RETURN TO - ALLOW ALCOHOLIC BEVERAGES #670
The Council went back to Item 3 on the agenda for a vote. See #135 (Vote to allow alcoholic beverages to be served at the American Cancer Society event being held at Coe Memorial Park on September 11, 2007).
On the previous motion, the Council voted to deny the request to allow alcoholic beverages to be served at the American Cancer Society event being held at Coe Memorial Park on September 11, 2007. Councilor Dalla Valle voted in favor of the motion. On a 1-5 vote, the motion failed.
ADD TO AGENDA: PUBLIC HEARING #690
Councilor Dalla Valle made a motion to add an item to the agenda by 2/3rds vote in regard to the scheduling of a Public Hearing concerning a change to Ordinance, Chapter 75-1. Councilor Jerram seconded the motion.
Councilor Dalla Valle stated that an emergency Ordinance Committee meeting was held just prior to this meeting in order to place this item on the agenda.
Councilor McKenna noted that he, as an Ordinance Committee member, wasn’t notified and inquired how it could be justified as an emergency.
It was also pointed out that no such ordinance had been written.
Mayor Bingham suggested holding an Ordinance Committee meeting as soon as possible.
On the previous motion, Councilors Dalla Valle and Jerram voted in favor of the motion, and Councilors McKenna, Slaiby, Soliani and Waldron opposed the motion. The motion failed.
UNICO: ADOPT ISLAND #800
On a motion by Councilor Jerram, seconded by Councilor Slaiby, a discussion was held in regard to UNICO’s request for the city to allow them to adopt the island at the intersection of Routes 202 & 4. (Tabled on August 20, 2007.)
Leo Martigneni, member of UNICO, noted that the DOT informed him that other municipalities who sign on to adopt islands are under the municipality’s insurance policy. He noted that any changes will have to be submitted and approved by the state, and all he wanted to do at this point in time was to trim it, clean it, and make it more presentable. He would use low maintenance items.
Mayor Bingham noted that anyone working on the island would have to follow DOT guidelines. Should the Council allow UNICO to enter into this agreement, the municipality will agree to place those who work on said island under the city’s umbrella policy. Mayor Bingham was informed that the DOT would teach the workers their guidelines and that they may even provide vests and cones so they can be as prepared and safe as possible.
Councilor Jerram praised UNICO for wanting to help beautify our city and suggested that perhaps the city could engage some of our volunteer Fire Departments to work along with UNICO members to provide a little more safety.
Councilor Soliani asked if any signage would be added to the island, and, if so, she would like to see them prior to them being placed in the ground.
VOTE: UNICO #1135
On the previous motion, the Council voted unanimously to allow UNICO to adopt the island at the intersection of Routes 202 & 4.
REIMBURSEMENT: WARNER THEATER #1145
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to reimburse the Warner Theater $11,442.00 from Contingency for mechanical, electrical, and plumbing fees associated with the refurbishing of the Mertz Building, and referred it to the Board of Finance.
WAGE INCREASES: ELECTED OFFICIALS #1240
On a motion by Councilor Jerram, seconded by Councilor Waldron, a discussion took place in regard to wage increases for the Mayor, the City Clerk, and the Treasurer for the next two years.
Mayor Bingham noted that he would not take a wage increase, and if given one, it will go toward the Flower Fund. However, he does see a need for wage increases in order to recruit quality candidates.
Councilors McKenna and Jerram thought the wage increases should mirror those given to Management.
Councilor Jerram amended his motion to state that the wage increases for the City Clerk, the Treasurer, and the Mayor would mirror the Supervisor’s Union at 3½% with the $1,000.00 lump sum for the next two years. It shall follow the language in the Supervisor’s contract. (Effective 1/7/08 and again 1/5/09.) Councilor Waldron amended his second. Unanimous.
RE-APPOINT ESMOND BERNIER: HOUSING AUTHORITY #1665
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to re-appoint Esmond Bernier to a five-year term to expire September 2012 as Resident Commissioner for the Torrington Housing Authority.
RE-APPOINT: ROBERTA WALDRON: NW CT TRANSIT DIST. #1680
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to re-appoint Roberta Waldron to a four-year term to expire July 2011 to the Northwest CT Transit District.
PROCLAMATION: SR. CENTER MONTH #1710
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the Council voted unanimously to accept the Proclamation: Senior Center Month, September 2007.
BUILDING DEPT. REPORT #1720
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to accept the Building Department Report for July 2007.
RE-OPEN TO THE PUBLIC #1730
On a motion by Councilor Soliani, seconded by Councilor McKenna, the Council voted unanimously to re-open the meeting to the public for “Agenda” items only.
There was no public participation.
BUS: DEPT HEADS #1740
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #1770
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
ADD TO AGENDA #1780
Councilor Dalla Valle made a motion to add an item to the agenda by 2/3rds vote in regard to the grant given to the City Clerk’s office. Councilor McKenna seconded the motion. Unanimous.
ADD FUNDS TO THE NEEDS ASSESSMENT SURVEY #1800
Councilor Dalla Valle made a motion to increase the $50,000.00 grant already approved by the Council on August 20, 2007, for the Records Needs Assessment Survey by an amount not to exceed $2,500.00. Councilor Jerram seconded the motion.
City Clerk Joseph L. Quartiero noted that each of the nine departments benefitting from the survey will share the cost of the additional $2,500.00, if the survey exceeds the $50,000.00. It was his belief that we wouldn’t exceed the $50,000.00. (The City Clerk will pay the Social Service’s share.)
The Council voted unanimously in favor of the motion.
ADD TO THE AGENDA: STREET LIGHT ON PILGRIM DRIVE #1970
Councilor Jerram made a motion to add an item to the agenda by 2/3rds vote in regard to a street light in front of 42 Pilgrim Drive. Councilor Waldron seconded the motion. Unanimous.
PILGRIM DRIVE #1995
Councilor Jerram made a motion to replace a street lamp in front of 42 Pilgrim Drive. Councilor Waldron seconded the motion.
Councilor Jerram noted that the City Council already voted to have this street lamp removed; however, street lamps cannot be removed until they are de-energized by CL&P. Because CL&P has a significant backlog, the city approached Senator Roraback in an attempt to have the DPUC regulations modified to allow the City of Torrington, as part of the contractor, to perform that type of work. Until that occurs, there’s an extended period of time when a lamp approved for removal is actually removed. In this instance, the resident and his neighbors have asked that the lamp be replaced until such time as it is removed.
Councilor McKenna asked if the city was obligated to maintain a lamp until such time as it is removed, once it is voted to be removed by the City Council. It was his belief that this issue was merely a matter of maintaining the light by replacing it until such time as it is removed.
Councilor Jerram said “Should we be replacing them automatically until they yank them off the poles? That’s a decision, I think, the Mayor could make administratively with the Director of Public Works.”
Mayor Bingham said he had no problem making the decision, but preferred having the support of the Council.
Councilor Jerram indicated that the issue at hand was to change the course of action on this street lamp. Originally, the Council voted to remove it, now the Council is being asked to replace the lamp until such time as it is removed.
Councilor Dalla Valle inquired whether they should rescind their original vote to remove it in order to re-activate it.
Councilor McKenna asked if a new request to remove it would put the lamp back on the bottom of CL&P’s list.
Councilor Jerram said, ultimately Turri Electric will be doing all that work. He noted that the matter was brought forth by the Public Works Director who indicated that he would be more comfortable if it came before this board prior to making the change.
Corporation Counsel Weaver said it seems to be an administrative function.
Councilor Jerram withdrew his motion. Councilor Waldron withdrew his second.
Mayor Bingham reminded the Council about the Polka Concert scheduled for Friday, September 7th, in front of City Hall.
ADJOURNMENT #2410
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to adjourn at 7:38 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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