MINUTES
CITY COUNCIL & WPC AUTHORITY
OCTOBER 1, 2007
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, October 1, 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 Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Public Works Director Gerald Rollett, Purchasing Agent Shirley King, Fleet Supervisor Michael Michaud, Superintendent of Streets Robert Lizotte, WPC Administrator Raymond Drew, Superintendent of Parks and Recreation Mark Lavoie, and Personnel Director Thomas Gritt. Absent was Councilwoman Marie P. Soliani.
Mayor Bingham called the meeting to order at 6:35 p.m.
MINUTES #030
On a motion by Councilor Slaiby, seconded by Waldron, the Council voted unanimously to accept the minutes of the regular meeting held September 17, 2007.
On a motion by Councilor Waldron, seconded by Slaiby, the Council, with the exception of Councilors McKenna and Waldron who abstained, voted to
accept the minutes of the special joint meeting held with the Board of Finance on September 20, 2007.
OPEN TO THE PUBLIC #050
On a motion by Councilor Waldron, seconded by Jerram, the Council voted unanimously to open the meeting to the public. There was no public participation.
REFUND: TERRY COLANGELO #060
On a motion by Councilor Waldron, seconded by Slaiby, the Council voted unanimously to deny the request from Terry Colangelo for a refund of $150.00 which represents a late fee from the Building Department. (Tabled on 09/17/2007.)
Asst. City Clerk Joline LeBlanc informed the Council that she phoned Mr. Colangelo twice and left a message on his answering service as well as sent him a FAX to the effect that his item was on the agenda this evening.
It was also noted that the Building Official did not recommend the reimbursement to Mr. Colangelo unless it was an emergency.
NORTHWEST HILLS DEALERSHIPS #115
On a motion by Councilor Jerram, seconded by McKenna, the Council voted unanimously to accept the recommendations from the Purchasing Agent, the Fleet Manager, and the WPC Administrator to waive the bid process and purchase a 2008 4 X 4 Dump Truck from Northwest Hills Dealerships for the lump sum price of $34,337.00.
PUBLIC WORKS’ GRIEVANCES #170
On a motion by Councilor Jerram, seconded by McKenna, the Council voted unanimously to table the Public Works’ grievances #07-01 (Tabled on 09/17/2007) and #07-02.
GASOLINE BID #210
On a motion by Councilor Dalla Valle, seconded by Jerram, a lengthy discussion took place in regard to the increased cost on the Buckley Energy Gasoline Bid from February 2007 to September 2007. (Tabled on 09/17/2007.)
Purchasing Agent King stated that, even though there’s an increase of about $10,000.00 from the February meeting, it’s still $0.30 lower than anyone else at this time.
Corporation Counsel Weaver noted that the former Purchasing Agent, acting under Council approval to award the contract to Buckley Energy, agreed to the price of $1.94 although the Council had only approved $1.84. She explained that the commodity is very volatile and it is very difficult to hold a price due to daily and sometimes hourly fluctuations in price. They need to add some flexibility into the bid for the Purchasing Agent, instead of voting on a fixed price.
Councilor Dalla Valle made an amendment to his motion to accept the increased cost on the Buckley Energy Gasoline Bid from February 2007 to September 2007 (Tabled on 09/17/2007) and to use funds from Contingency in order to make the departments whole. (Department heads already had their budgets approved with the lesser dollar amount in mind.) Councilor Jerram amended his second.
Councilor Dalla Valle added that would include the Nutrition Department, which is not part of the city. He noted that Nutrition isn’t funded by the city, but they get the burden of the gasoline also, and the last time they did this to make them whole, they had to make Nutrition whole, and it also had to be a specific thing to say, that Nutrition gets this money.
Councilor McKenna asked how the city could give city money to a non city-funded agency?
Councilor Dalla Valle said the same thing happened when we told everyone to budget X number per gallon for the heating oil. When they decided to lock in at a much higher price, the decision was made that all departments would be reimbursed the difference from the amount of money they budgeted to the price they locked in at. The city charges Nutrition’s budget. The last time they did this, they included Nutrition.
Fleet Manager Mike Michaud informed the board that Nutrition had budgeted more than the $1.94 per gallon and his suggestion was for Nutrition to come back to the Council for additional funds if they go over budget.
Councilor Dalla Valle didn’t have a problem with that.
Corporation Counsel Weaver said that made more sense than giving Nutrition a discounted rate from the city.
Councilor McKenna suggested dealing with the Contingency if and when it becomes an issue.
MOTION WITHDRAWN #600
Councilor Dalla Valle withdrew his motion. Councilor Jerram withdrew his second.
MOTION #610
Councilor Slaiby made the motion to lock in on gasoline at $1.94. Councilor McKenna seconded the motion. The Council, with the exception of Councilor Dalla Valle who opposed the motion on the basis of the way it was handled, voted to accept the motion to lock in on gasoline at $1.94.
SAND BID #635
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to accept the recommendations from the Purchasing Agent and the Superintendent of Streets to award the Sand Bid to the low bidder, Haynes Material.
ACCUCOM CONSULTING, INC. #645
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to approve the service and equipment for a Citrix Server from Accucom Consulting, Inc., the preferred and sole-source supplier, at a cost of $15,328.00 for the Fire Department. (Additional costs totaling $2,587.00 from Nextel/Sprint for air cards will be necessary).
DOG PARK #655
The board decided to discuss this matter after the public hearing: Vote to execute a lease between the Drakeville Volunteer Fire Department and the City of Torrington for property to be used as a Dog Park under the supervision of the Park & Recreation Commission.
FINAL ACCEPTANCES: COUNTRY VIEW ESTATES #665
GATE POST LANE
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to give final acceptance to Gate Post Lane - beginning at the intersection of Notting Hill Gate and Chelsea Court continuing east/northeast 855 feet and ending at a new street Silver Brook Lane.
SILVER BROOK LANE #670
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to give final acceptance to Silver Brook Lane - beginning at the intersection of Gate Post Lane and Continuing to the east 552 feet to a cul-de-sac and also continuing from Gate Post Lane to the west 1,009 feet to another cul-de-sac. (Total length of road from cul-de-sac to cul-de-sac is 1,561 feet.)
COACH LIGHT LANE #680
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to give final acceptance to Coach Light Lane - a new interconnecting street between Gate Post Lane and Silver Brook Lane beginning at the approximate mid point of Gate Post Lane and continuing north 366 feet to Silver Book Lane.
DPUC RATE INCREASE #690
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the Council voted unanimously to send a letter to the Department of Public Utilities Commission opposing their proposed rate increase.
Public Works Director Gerald Rollett indicated that the proposed increase will be a major impact to all residents. CCM will be attending the public hearings in opposition of the rate increase. Mr. Rollett felt a letter of opposition from municipalities would carry a lot of weight for the DPUC.
Councilor Jerram thought Ray Turri, because of his involvement in our city as well as a number of other cities in maintaining street lights, may encourage the DPUC to review the impact.
PUBLIC HEARING: ALCOHOLIC LIQUOR #830
Mayor Bingham called the Public Hearing to order at 7:00 p.m., to consider the “Amended Ordinance Alcoholic Liquor, Public Consumption.”
City Clerk Joseph L. Quartiero read the legal notice.
Chairman of the Ordinance Committee Councilor Dalla Valle said they tried to get some consistency in the ordinance. Currently, the ordinance states that alcohol may be served or sold at the Armory and at Fuessenich Park during professional baseball games only. Requests have recently been made to serve or sell liquor at City Hall and Coe Park Civic Center. The committee felt the ordinance should be consistent by adding the other places. Requests will continue to require City Council approval and all guidelines will still have to be met.
The public hearing was open to the public for questions and comments.
Sue Holbrook, member of the Coe Park Sub Committee, stated that the sub committee strongly opposes any changes to the ordinance governing alcoholic beverages within the boundaries of Coe Memorial Park because the potential liability would be a great threat to the Trust. The sub committee urges the Council not to change the ordinance.
Joseph Friscia, 2600 Torringford West Street, saw the proposed ordinance as a “drinking in public” ordinance. He thought the city’s tax dollars would be better spent elsewhere other than defending unnecessary lawsuits that could occur if the ordinance is passed.
Maria Domack, Gaylord Lane, spoke in regard to the upcoming event at Coe Park, the LARC Festival of Trees. She urged the Council to pass the ordinance since they will look at each application with due diligence, and give permission to serve or sell liquor only to responsible people looking to hold nonprofit events.
Larry Cassella, Executive Director of LARC, reiterated Ms. Domack’s comments and supported the proposed ordinance. He stated that they were merely looking to enhance their event. He assured the Council that the event will be contained within Coe Park Hall and not one that the membership will bring to the outside area.
Councilor Jerram asked if the Parks & Recreation Commission had a recommendation.
Patricia Fairchild, Parks & Recreation Chairman, said this event had never come up before the Commission.
Councilor Jerram suggested that perhaps the ordinance could have a greater restriction not to allow the sale of any kind, but be allowed to serve alcohol as an accommodation to an event.
Mayor Bingham called the public hearing to a close at 7:11 p.m.
VOTE ON AMENDED ORDINANCE #1265
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, a discussion took place in regard to the “Amended Ordinance Alcoholic Liquor, Public Consumption.”
Councilor Jerram noted that perhaps non-profits can fulfill their charge without the sale of liquor and that typically, events don’t charge for refreshments.
Councilor Dalla Valle pointed out that, even though this is a highlighted area in the ordinance, it isn’t a new addition. The only part of that highlighted area is “where” it’s going to be done.
Councilor Jerram said he was looking at the ordinance as it applies to the facilities where they are not already doing it. They were looking to amend the ordinance to include city facilities that don’t currently offer that ability to sell or serve alcoholic beverages.
Councilor Dalla Valle deferred the question to Corp. Counsel Weaver as to whether they could sell at Coe Park, but not at the Armory, or vice versa.
Corp. Counsel Weaver noted that the proposed ordinance was written to add the locations of Coe Park, City Hall, and Fuessenich Park to the Armory.
Councilor Dalla Valle indicated that the proposed ordinance was to add City Hall, and Coe Park and broaden the Fuessenich Park, not to limit it to professional baseball games.
Councilor Jerram expressed his concern that the Parks & Recreation Commission hasn’t had a chance to discuss the matter.
Councilor McKenna said he didn’t think they could amend the ordinance without having another Public Hearing.
Corp. Counsel Weaver indicated that a public hearing would be necessary if they were going to substantially change the text. She didn’t think what Councilor Jerram was suggesting was making that substantial of a change.
Councilor Dalla Valle saw it differently. He believed Councilor Jerram’s suggestion was changing an existing ordinance.
Councilor Jerram said he didn’t want people selling liquor at City Hall and Coe Memorial Park.
Corp. Counsel Weaver said they were looking at the Armory, Coe Memorial Park, Fuessenich Park and City Hall. It was her belief that Councilman Jerram was suggesting that some sort of limitation be placed on Coe Memorial Park and City Hall, which is not in the proposed ordinance.
Counselor Jerram said his suggestion would include a non-sale of liquor, and that would include not paying an admission at the door for a fund raiser fee and then having alcoholic beverages served. He said, “If you want to look at the interpretation of the rule, we’re not going to sell alcoholic beverages at Coe Memorial Park, we agree to that but, we are going to sell a ticket for X
amount of dollars and then you can have all the beverages you want.”
Counselor Jerram said he didn’t believe Ms. Domack and Mr. Cassella’s intention for the LARC Festival of Trees was to sell anything, but more of an accommodation with their refreshments. He wasn’t certain where the necessity to include the sale of alcoholic beverages either at Coe Memorial Park or at City Hall even became necessary to be included in the ordinance.
Councilor Dalla Valle said what if Mr. Cassella decided to move their venue of his wine tasting and wanted to do it at the park. That would be selling tickets as a fund raiser, which is what non-profits do.
Councilor Jerram said they were trying to understand what they were committing the city to for a long time, unless they go through another hearing, and before he makes a decision, these things need to be clearly thought out.
MOVE TO TABLE #1600
Councilor Dalla Valle also expressed his concern that the Parks & Recreation Commission hasn’t had a chance to weigh in on this. He moved to table the matter until Parks & Recreation had a chance to discuss it.
Ms. Domack asked the Council to make an exception because they were not going to sell liquor.
Councilor McKenna said the ordinance prohibits them from making an exception.
VOTE #1785
Councilor Slaiby seconded the motion to table. Unanimous.
The Council scheduled a special meeting for Thursday, October 4th, 2007 after the Parks & Recreation Commission has a chance to address this matter during their October 3rd meeting.
DOG PARK #1900
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, a discussion took place in regard to the request to execute a lease between the Drakeville Volunteer Fire Department and the City of Torrington for property to be used as a Dog Park under the supervision of the Park & Recreation Commission.
Councilor Dalla Valle asked if Drakeville would be supplying the insurance or if it would come from the group actually using the facility.
The superintendent of Parks & Recreation Mark Lavoie said once a lease is executed and the Commission accepts Drakeville as a park, it would come under the same insurance umbrella that all city parks come under.
Corp. Counsel Weaver indicated that they ran the lease by the city’s insurance to get their approval before bringing it the Council to make sure it would be satisfactory.
Council Jerram inquired who would do the clean up.
Mr. Lavoie said the group that has organized themselves to put this package together has agreed to oversee the park, and the city will supply trash receptacles, and an out house. The Parks Department will mow the lawn and maintain the site as they have in the past. The September minutes reflect the Commission’s approval and signing of the lease. Discussions were held in August and September in regard to the role that the Parks Department would play and the role the city would take in the formation of the park, which will include fencing. The state qualified bid for fencing is approximately $20,000.00, to be paid for by the Parks Department, City of Torrington. The Commission could not advance the discussion of the fencing cost until it was a park and they had a signed lease, so that
remains unvoted upon by the Commission. He noted having ample funds within the capital improvement budget this year without adding any extra burden on the taxpayers.
Councilor Dalla Valle said he was told that nothing can be done except for maintenance at the parks because his staff didn’t have time, and there are playscapes sitting in buildings for over a year that can’t be installed, and he wants to take capital money to buy something new, when we can’t maintain what we have.
Mr. Lavoie indicated that the Parks Department already mows the park, and the amount of man hours to the park staff would not really be changed. It would really be the money that would be drawn from other park projects that would be forwarded to the fencing of this project.
Leo Martigneni, spokesman for the project, noted that they are a responsible group and will oversee the clean up and they will work closely with Mr. Lavoie and Parks & Recreation to make sure everything will work smoothly. He urged the Council to approve the lease.
Mayor Bingham pointed out that the Council’s vote is whether or not to approve the lease, and the request for funds will come later on.
Councilor McKenna wanted to make sure that Mr. Lavoie understood that, according to the lease, the city is responsible for maintaining the property, so if the group doesn’t clean up, the Parks Department will have to.
Mr. Lavoie said they would like to focus persons with dogs to a dog park and not have the random use and abuse of other sites in the city. He thought this may be a good first step to provide a venue for that, and it will also be an opportunity to control and regulate the other sites within the city.
Councilor Dalla Valle asked how the Union felt about allowing someone else to maintain a park.
Mr. Lavoie said it’s an assumption that dog owners pick up after their dogs, wherever they are in the city. He can’t speak for the Union, but it’s his assumption that they would prefer not to deal with dog waste, and, if it can be limited to one location that has a group who is willing to clean up, it will probably be better and not any worse than we currently are.
Councilor Dalla Valle pointed out that any rules and regulations posted at the dog park would have to be approved by the Parks & Recreation Commission.
VOTE: DOG PARK LEASE #2590
On the previous motion, the Council voted unanimously to approve the request to execute a lease between the Drakeville Volunteer Fire Department and the City of Torrington for property to be used as a Dog Park under the supervision of the Park & Recreation Commission.
RE-APPOINTMENT: RICHARD CALKINS #2600
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to reappoint Richard Calkins to the Planning
& Zoning Commission for a 5-year term to expire in December 2011.
RECOMMENDATIONS: SMALL CITIES COMM. #2605
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the Council voted unanimously to accept the following Small Cities items:
Project #143-232 in the amount of $51,000.00 [sic] paperwork says $51,400.00, where the owner solicited a new bid after the original bid was too high, which is allowed by State and Federal regulations.
Subordination Agreement of a Small Cities Loan that was taken out on 9/27/05 in the amount of $7,400.00.
Project #143-252 for a cost overrun of $530.00.
REOPEN TO THE PUBLIC #2775
On a motion by Councilor McKenna, seconded by Councilor Waldron, the Council voted unanimously to reopen the meeting to the public for “Agenda” items only. There was no public participation.
BUS: SECTION B #2795
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to consider business in Section B.
VEHICLE REPLACEMENT BOARD #2800
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to accept the Vehicle Replacement Board.
Mayor Bingham noted that members of the board would include the Mayor, one member of the City Council, one member of the Board of Public Safety, one member of the Board of Finance, the Comptroller or a designee, the Fleet Manager, and a member of the public with fleet experience. If needed, the Mayor may also appoint a member from the Board of Education. Ultimately. Recommendations from this board will come back to the City Council and the Board of Finance for appropriations.
Councilor Dalla Valle volunteered to be the designated member from the City Council.
BUS: DEPT. HEADS #2920
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads.
WPC Administrator Raymond Drew stated that the Bi-Annual Electronics Collection Day will be held on October 13th, and the Household Hazardous Waste Collection Day will be held on October 27th.
Mr. Drew also notified the Council that Mr. Dobrova, the owner of property on Riverside Avenue who has appeared before the Council during the past few meetings, has paid his sewer connection fees in full.
Purchasing Agent Shirley King stated that she would continue to get better prices for the fencing for the new Dog Park.
City Clerk Joseph L. Quartiero indicated that he will bring a proposal to the Council during their next meeting to purchase a new Land Record System. A memo will be sent to each Council member prior to the meeting.
BUS: MAYOR & MEMBERS #3100
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
ADJOURNMENT #3300
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:56 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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