MINUTES
CITY COUNCIL & WPC AUTHORITY
JANUARY 7, 2008
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, January 7, 2008 in the Council Chambers.
Those in attendance included Mayor Ryan J. Bingham, City Councilors Rick E. Dalla Valle, Michael Colangelo, Elinor Carbone, Thomas C. Jerram, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, Public Works Director Gerald Rollett, Purchasing Agent Pennie Zucco, and Parks and Recreation Director Mark Lavoie.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES #015
On a motion by Councilor Waldron, seconded by Councilor Jerram, the board voted unanimously to accept the minutes of the regular meeting held December 17, 2007.
OPEN TO THE PUBLIC #020
On a motion by Councilor Waldron, seconded by Councilor Colangelo, the board voted unanimously to open the meeting to the public. No one from the public spoke.
MODIFY ALCOHOLIC LIQUOR PUBLIC CONSUMPTION ORD: #030
On a motion by Councilor Waldron, seconded by Councilor Soliani, a discussion took place in regard to modifying the Alcoholic Liquor, Public Consumption Ordinance by prohibiting consumption and possession of alcoholic beverages on public property. (Tabled on 12/17/07.)
Corp. Counsel Weaver indicated that the proposed amended ordinance removes all alcoholic beverages from any city park, including the Armory or Fuessenich Park.
Mayor Bingham said “There’s an opportunity to vote to have everything except for 75-3a, which is Fuessenich Park, and that would be ultimately, my recommendation in going forward.”
Corp. Counsel Weaver indicated that the Council had in front of them the paperwork that suggested removing all alcoholic consumption on public property. In which case, it was down to simply prohibiting the sale, the definitions and the penalties. Last week there was a conversation and discussion whether or not alcoholic beverages should be sold at Fuessenich Park, and this discussion can be held this evening.
Councilor Carbone’s understanding of the current ordinance allows alcohol to be served at Fuessenich Park only during professional baseball games and only if there’s a lease for the event. Therefore the Council would have the opportunity to approve or disapprove of the serving of liquor when the Council votes on the lease.
Councilor Waldron questioned whether the Parks & Recreation Commission would also have to approve the serving of liquor.
Mayor Bingham said, historically, we have asked Parks & Recreation for their blessing, but it’s not necessary. The Council is not obligated to follow through with their recommendation.
Mayor Bingham said his recommendation was not to lose out on the possibility of doing something in the future, should the city bring in a professional baseball team.
Councilor Soliani asked if the Council could leave the proposed ordinance as is and make a special exception in the future, should the need or want arise?
Councilor Jerram said the Council would then be violating its own ordinance.
Councilor Soliani continued to express her concerns over liability, even if a lease was signed and the lessee obtained his own insurance. The city still has the deepest pockets.
Councilor Jerram noted that the Council would have the ability to query a lessee on what protection they will have and what they will do to make certain the event will be safe for all those who attend.
Councilor Dalla Valle asked if the lease referred to the concession stand or the leasing of the entire park. Beverages are sold/distributed through the concession stand. Will the person leasing the concession stand be allowed to sell beer under the current ordinance, or will it have to be someone leasing the entire park? Fuessenich Park was given to the city in 1919 for the use and recreation of the citizens of Torrington. He asked, “Would it be in our power to actually lease the park to an individual concern or would it be the leasing under that ordinance just the concession stand?”
Mayor Bingham didn’t see anything being proposed to lease a park. He thought the lease would be between the city and the vendor.
Councilor Dalla Valle said the “Lease” definition is ambiguous because we already are leasing the concession stand. Under current rules, would that qualify for the sale of alcoholic beverages under the conditions that it currently states, as a professional team?
Corporation Counsel Weaver indicated that the language says if the park is being leased for a professional baseball game, then beer and wine are able to be consumed and sold on the property.
Councilor Dalla Valle said, since it was the entire park and not just the concession stand, he wasn’t certain the Council would be in a position to allow Fuessenich Park to be leased, according to the deed. He didn’t have an objection to it happening, he just wanted to make certain that they didn’t end up with a legal issue.
Councilor Jerram asked if they were to modify the ordinance as it is today by eliminating the armory, would they still be able to address the language of the ordinance as it relates to a lease at a later date?
Corporation Council Weaver said yes.
Councilor Waldron stated that the Twisters wouldn’t count because they’re not a professional baseball team.
Corporation Council Weaver said that was correct.
Councilor Colangelo said the requests would come before the Council on a case by case basis.
Councilor Dalla Valle said it would be case by case at the Armory. The ordinance states only that it has to come before the Council for the Armory, but not Fuessenich Park.
Councilor Colangelo indicated that the ordinance says “only if a professional team is coming in,” and that would have to be a negotiated lease by the Council, so it really is on a case by case basis.
Councilor Dalla Valle asked if the Council or Parks & Recreation would be doing the leasing?
Councilor Jerram said he didn’t think Parks & Recreation had the authority to sign leases. The Mayor would sign a lease, under the Council’s direction.
Councilor Dalla Valle said, so if Parks & Recreation decided to lease it for a one day professional game, then beer and alcohol could be served without coming to the Council, under the ordinance.
Corporation Counsel Weaver indicated that Parks & Recreation would not be able to have a lease without Council approval.
Councilor Jerram said they could modify the ordinance to eliminate the Armory from the consumption of alcohol, which was the intent of the original ordinance and just leave Fuessenich Park as status quo.
MODIFY MOTION #505
Councilor Waldron modified his motion to prohibit consumption and possession of alcoholic beverages in the Armory, but not Fuessenich Park. Councilor Soliani modified her second. Unanimous.
FUESSENICH PARK CONCESSION STAND #525
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to accept the Purchasing Agent’s recommendation to extend the current bid and permit the Torrington Collegiate Baseball Inc. to run the Fuessenich Park concession stand for the 2008 season. (Tabled on 11/19/07, 12/03/07 & 12/17/07.)
SECTION 8-24: NAUGATUCK RIVER MAINTENANCE DEFICIENCY CORRECTION PLAN (MDCP), TORRINGTON LOCAL PROTECTION PROJECT (LPP) # 535
On a motion by Councilor Waldron, seconded by Councilor Jerram, a discussion was held in regard to the favorable Section 8-24 recommendation from the Planning & Zoning Commission in regard to the Implementation of the Naugatuck River Maintenance Deficiency Correction Plan (MDCP), Torrington Local Protection Project (LPP).
Public Works Director Jerry Rollett informed the Council that, as a direct result of Hurricane Katrina and the impact it had with the failure of levees, the Corps of Engineers has changed its policy in regard to a sufficient level of maintenance. The city historically maintained the flood protection program constructed by the Corps at a level of “fair.” We’ve allowed growth to occur, boulders were placed in the stream, and they’ve tried to bring the habitat back. The DEP has actually awarded the city and heavily stocked the stream. People are fishing in the stream on an almost daily basis.
Since Hurricane Katrina, the Corps’ policy changed to where a “fair” rating is no longer acceptable. They informed the city that it had to bring back the level of maintenance to the way it was intended after it was built following the Flood of ‘55. The Corps would like to see the East Branch, the West Branch and the Main Stem the way it was, a rip rap channel void of any growth or vegetation flowing through the City of Torrington.
Mr. Rollett stated that they have issues with that. It will be a very expensive project; there will be environmental concerns, and different agencies will have issues not to allow them to move forward with the project. However, they are progressing in a logical means to do what they can to follow the Corps and do whatever necessary to protect the property and lives and integrity of the river. The program was put together in two phases. Phase One will identify the walls and key structures. They want to clean and maintain the walls and structures to the level the Corps is looking for. That means an entire clear cutting, the removal of stumps, the reestablishment of any turf where stumps were removed, so better inspections can be performed to make sure the integrity of the walls and drainage
features are being properly maintained. Additional inspections can be performed following that level of clearing. Phase Two can then be put together. At this time they don’t know what Phase Two will entail. The Corps’ goal is to have an entire area opened as a large drainage channel through the City of Torrington. Mr. Rollett thinks they can come to a compromise that will meet the needs of the Corps as well as the other agencies including the DEP, local fisheries, Inland Wetlands, etc. in terms of the health of the river itself.
Mr. Rollett stated that this project was brought forward to the Inland Wetlands Commission, who denied the entire project because they didn’t have any information in front of them, and Mr. Rollett agreed with Inland Wetlands. Until they have accomplished Phase One, performed more detailed inspections, and clearly determine what Phase Two will look like, there’s nothing Inland Wetlands can approve.
Mr. Rollett said he went in front of Inland Wetlands and they approved work on Phase One only. The project then went before the Planning & Zoning Commission for the Section 8-24 referral, which they accepted in concept, and sent it to the City Council.
Mr. Rollett noted that the request before the Council was to accept the Section 8-24 referral from Planning & Zoning. The DEP and the Corps have both volunteered to speak before the Council and the public to explain their positions on the project. As they progress with Phase One, they’ll have more information as to what Phase Two may entail, and hopefully they’ll have better numbers moving forward.
Mr. Rollett said the DEP requested the approval of a $200,000.00 grant for the City of Torrington during their January bond meeting. The next item on this agenda is a request to transfer $100,000.00 in order to come up with our share of the project. He is anticipating bidding Phase One work during the next couple of weeks. He would like to bring the DEP and the Corps of Engineers before the Council prior to June 2008. Their goal is to move forward with Phase One as soon as possible.
MOTION #845
On the previous motion, the Council voted unanimously to accept the favorable Section 8-24 recommendation from the Planning & Zoning Commission in regard to the Implementation of the Naugatuck River Maintenance Deficiency Correction Plan (MDCP), Torrington Local Protection Project (LPP).
FUNDING: LEVEE PHASE I #850
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to accept the Comptroller’s request to process the following budget modifications to fiscal year 2007/2008 for the Levee Phase One funding and refer to the Board of Finance:
Create New Revenue Line Item: 0010.0070.4052.0005 - State Grant - Levee Funding - $200,000.00.
Reduce Expense Line Item: 0010.0031.5818.0000 - Roadway Drainage & Improvements - $100,000.00.
Create New Expense Line Item: 0010.0031.5816.0037 - Levee Phase I Construction - $300,000.00
Increase Revenue Line Item: 0010.0070.4052.0000 - LOCIP Revenue - $100,000.00.
Create New Expense Line Item: 0010.0031.5816.0036 - Wedgewood Drive Reconstruction - $100,000.00.
Councilor Jerram inquired whether or not it would have to go to a referendum because the project is more than $100,000.00.
Corporation Counsel Weaver said a referendum would not be necessary because we have that money available to us within our budget by making these transfers.
Mr. Rollett indicated that accepting the Section 8-24 referral from Planning & Zoning, is a piece to go to a referendum in the future should the Council choose to do so.
ADOPT RESOLUTION: TORRINGTON CHILD CARE CENTER #1030
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to adopt a Resolution and authorize Mayor Bingham to execute the Torrington Child Care Center Contract #143-CDC-30 for the year 2008 in the amount of $240,750.00.
RESOLUTION:
I, Joseph L. Quartiero, Secretary for the Board of Councilmen of the City of Torrington, a Connecticut municipality (the “Contractor”), do hereby certify that the following is a true and correct copy of a Resolution duly adopted at a meeting of the Board of Councilmen, of the Contractor duly held and convened on Monday, January 7, 2008, at which meeting a duly constituted quorum of the Board of Councilmen was present and acting throughout and that such Resolution has not been modified, rescinded, or revoked, and is at present in full force and effect:
RESOLVED, that the Mayor, Ryan J. Bingham, is empowered to enter into or amend contractual instruments in the name and on behalf of the City of Torrington, with the Department of Social Services of the State of Connecticut for a Child Day Care Program, if such an agreement is offered and to have the corporate seal affixed to all documents required as a part of any offered agreement and
RESOLVED, that the City of Torrington hereby adopts as its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statutes 4a-60 (a) (1) and 4a-60a (a)(1), as amended in State of Connecticut Public Act 07-245 and section 9 (a) (1) and 10 (a) (1) of Public Act 07-142 as those statutes may be amended from time to time.
IN WITNESS WHEREOF, I have affixed my signature and the corporate seal this 08th day of January 2008.
Joseph L. Quartiero, City Clerk
REAPPOINTMENT: MUNICIPAL HISTORIAN #1040
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to reappoint Ernest Ceder as Municipal Historian for a four-year term to expire in December 2011.
REAPPOINTMENT: BD OF ASSESSMENT APPEALS #1095
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to reappoint Justin Giampaolo to the Board of Assessment Appeals for a three-year term to expire in December 2010.
REAPPOINTMENT: TORRINGTON AREA HEALTH DISTRICT #1100
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to reappoint Dr. Mark Mashia to the Torrington Area Health District for a three-year term to expire in January 2011.
APPOINTMENTS: TORRINGTON DEVELOPMENT CORPORATION # 1110
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to appoint Councilors Marie Soliani and Elinor Carbone as the respective Democratic and Republican representative to the Torrington Development Corporation.
BUILDING DEPT. REPORT #1115
On a motion by Councilor Waldron, seconded by Councilor Colangelo, the Council voted unanimously to accept the Building Department Report for December 2007.
REOPEN TO THE PUBLIC #1120
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to reopen the meeting to the public for “Agenda” items only. There was none.
BUS: DEPT. HEADS #1130
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Department Heads.
Public Works Director Jerry Rollett gave the Council an update on the snow removal budget.
BUS: MAYOR & MEMBERS #1220
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Colangelo inquired about the city’s policy to remove snow, particularly on narrow streets.
Mr. Rollett indicated that snow is being cleared on a daily basis on narrow streets, cul-de-sacs, and many side streets so they can be accessed by emergency vehicles
Councilor Jerram commended the work being done on snow removal.
Mayor Bingham noted that James Reginatto resigned as Constable so that he could be appointed to the Charter Revision Commission.
ADD TO AGENDA #1290
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to add an item to the agenda in regard to an appointment to the Charter Revision Commission.
APPOINTMENT: CHARTER REVISION COMMISSION #1300
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to appoint James Reginatto to the Charter Revision Commission to replace Bruce Cornish.
ADJOURNMENT #1310
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to adjourn at 7:12 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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