MINUTES
CITY COUNCIL & WPC AUTHORITY
MAY 5, 2008
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, May 5, 2008 in the Council Chambers.
Those in attendance included Acting Mayor Drake L. Waldron in the absence of Mayor Ryan J. Bingham, City Councilors Michael Colangelo, Elinor Carbone, Thomas C. Jerram, and Marie P. Soliani, Corp. Counsel Ernestine Yuille Weaver, Public Works Director Gerald Rollett, Purchasing Agent Pennie Zucco, WPC Administrator Raymond Drew, Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri, Personnel Director Thomas Gritt and the city’s Labor Counsel, Atty. Victor Muschell. Councilor Rick E. Dalla Valle was absent.
Mayor Waldron called the meeting to order at 6:32 p.m., immediately after determining there was no quorum for the Board of Trustees of the City Employees’ Retirement Fund. He recognized Delisse Locher, a new member to the Board of Trustees.
MINUTES #060
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council with the exception of Councilor Colangelo who abstained, voted to accept the minutes of the meeting held April 28 on budgets.
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council with the exception of Councilor Colangelo who abstained, voted to accept the minutes of the special meeting held April 28.
ADD TO AGENDA #090
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to add a “open to the public” section to the agenda by 2/3rds vote.
OPEN TO THE PUBLIC #100
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to open the meeting to the public.
Jack McKeon, Scout Leader, 142 Cedar Lane, introduced his fellow Boy Scouts from Troop I in Torrington to the City Council. He noted that one of the requirements for an Eagle Badge is to obtain a Citizenship in the Community Badge, whereby a scout needs to attend a meeting of the city government. The scouts included Tyler Doll, age 15 from Torrington High School, Gerad Doll, age 14, Torrington Middle School, and Richard Merrill, age 13, Torrington Middle School. The were accompanied by Scout Leader, Vinnie Doll.
LOCAL 442: POLICE PENSION AGREEMENT #180
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to approve the Police Pension Agreement.
Atty. Victor Muschell, the city’s Labor Consultant, explained the negotiations in regard to the revisions that took place with Local 442 of the Police Union. An issue they’ve tried to resolve is the ability to retain qualified police officers that leave for towns with more attractive pension plans. The four major components of the settlement are:
1. One of the precepts of their bargaining the pension plan was the withdrawal of a lawsuit filed several years ago by a previous retiree claiming he was entitled to certain prescription drug benefits. A reading of the plan did give that allegation some legs to stand on. That case is now part of the deal and the lawsuit will be withdrawn upon approval of the pension agreement.
2. Retirees will be paying a portion of their medical insurance for the first time. They will pay the same amount from the date of retirement to the date of their death.
3. Retirees will now multiply the average of their last three years of service by 2 ½% instead of the current 2%, with a maximum of 27 years instead of the current 30 year maximum. The net effect will be that a police officer may now retire at a maximum of 67 ½% instead of 60% of the average of the last three years of service.
4. Their pension contributions will increase from 5% to 8%.
Atty. Muschell explained that the City Council has thirty days within which to reject this agreement. Traditionally, the Council has acted to approve their recommendations.
Councilor Jerram asked if the cost-sharing plan increases, does the contract require the retirees to pay an increased share of the Plan?
Atty. Muschell said yes. Then added, if a police officer retires today, he will pay through his years of retirement whatever he is paying today, but if someone retires next year and the amount has increased, he will pay whatever he was paying when he retires.
Councilor Soliani asked if this would begin with new retirees and not be retroactive.
Atty. Muschell indicated that it affects new retirees from this point on.
Councilor Carbone asked how the lawsuit would be impacted if the Council chose to wait thirty days.
Atty. Muschell believed they could get a continuance past the thirty day period.
Councilor Waldron asked if this agreement was for all policemen and not just newly hired policemen.
Atty. Muschell indicated that the agreement will apply to new retirees; anyone retiring from now on will fall under the new provisions.
Councilor Colangelo inquired about the $347,000.00 cost of changing the maximum pension from 60% to 67 ½%, and if the increase in pension contribution from 6% to 8% will help offset this figure.
Atty. Muschell said the increase in contribution from 6% to 8% will help offset the $347,000.00, which, by the way, was rendered by Hooker and Holcomb and represents the increase in the city’s recommended contribution to the pension which will occur every year.
APPEAL: SEWER CONNECTION FEE #625
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council, acting as the Water Pollution Authority, voted unanimously to table the hearing on the appeal from Joseph and Lori Middleton’s request for a waiver of the Sanitary Sewer Connection Fee in the amount of $2,500.00 for an accessory apartment on property located at 70 Gate Post Lane.
DENY THE APPEAL #635
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council, acting as the Water Pollution Authority, voted unanimously to table
the denial for the waiver of a Sanitary Sewer Connection Fee in the amount of $2,500.00 for an accessory apartment on property located at 70 Gate Post Lane.
FIREWORKS DISPLAY BID #655
On a motion by Councilor Colangelo, seconded by Councilor Jerram, the Council voted unanimously to accept the Purchasing Agent’s recommendation to extend last year’s bid entitled “July 4th 2008 Fireworks Display” to American Thunder Fireworks for $14,000.00, with a rain date of July 5, 2008.
It was noted that the Council could always ask for additional fireworks once American Thunder is secured by the city.
BITUMINOUS CONCRETE BID #690
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to accept the recommendations from the Purchasing Agent and the Public Works Director to waive the bid process and accept the State bid entitled “Bituminous Concrete Liquid” from Comer Contracting, Inc., for the purchase of CRS-2 asphalt emulsion and all the necessary equipment including structures along with the signage crew.
COMPUTER PERIPHERALS BID #725
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to accept the recommendations from the Purchasing Agent and the Data Processing Manager to waive the bid process and purchase from the State Bid #051TZ0076 (Computer Peripherals) 4 Cisco Catalyst 3560G 48PT GIG for $5,050.00 each for a total cost of $20,200.00 plus $150.00 for freight.
RESOLUTION: ACQUISITION OF LEONI PROPERTY #745
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to adopt a Resolution in support of acquiring 13 +/- acres of land currently part of the Joseph Leoni Estate located on Winsted Road, and to authorize Mayor Bingham to sign an Open Space Grant application for additional funding for the project.
Inland Wetlands Enforcement Officer Kimberly Barbieri said the goal is to have the Open Space Grant Application in DEP’s hands by June 15th and the city should know by late October if it received the grant, and it can move forward from there. The estate is willing to wait that period of time.
Councilor Colangelo inquired about the Open Space Fund.
Mrs. Barbieri said the city is allowed to take 20% of land in a subdivision where no open space was taken. If the land has no interest or value to the city, it does a fee-in-lieu-of, where the property is appraised and 10% of that value is divided amongst all the lots in that subdivision. That money goes in the Open Space Account, and currently has a balance just under $50,000.00.
RESOLUTION REGARDING THE ACQUISITION
OF THE LEONI PROPERTY
FOR USE AS PUBLIC ACCESS & NATURE PRESERVE
Be it resolved by the Mayor and the Board of Councilmen of the City of Torrington, acting on behalf of the citizens of Torrington, support the acquisition of 13+ acres known as the LEONI property located on SR 800, Winsted Road, for use as public access & a nature preserve; and
Whereas, the City of Torrington recognizes the positive value of open space and watershed lands understanding that the citizens of Torrington as well as all residents of Litchfield County will derive great benefits from such a facility located in Torrington by increasing the quality of life in the region; and
Whereas, the City has identified the LEONI property consisting of approximately 13 acres of watershed land as an open space priority for the City and would be adjacent and connected to the Sue Grossman Still River Greenway which connects the Town of Winchester to Torrington; and would be adjacent and connected to the land owned by the City of Torrington called Machuga park land; and
Whereas, the City is in need of matching funds from the Open Space and Watershed Land Acquisition Grant Program to help alleviate the financial burden to the City of Torrington purchasing the LEONI property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TORRINGTON BOARD OF COUNCILMEN AS FOLLOWS:
That the City does hereby request matching grant funds to the full degree from the Open Space and Watershed Land Acquisition Grant Program for the purchase of watershed and open space land known as the LEONI property in northeastern Torrington.
2. That it is the intent of the City, should its request be selected for funding by the Commissioner of the Department of Environmental Protection and funds awarded, that the City will adhere to the terms of the Open Space and Watershed Land Acquisition Grant Program to which this resolution is a part.
3. That the Mayor is hereby authorized and directed to execute and file such request and to act as authorizing correspondent.
4. That the Mayor is hereby authorized and directed to enter into such agreements and contracts and execute all documents necessary for said grant with the State.
USE OF FUNDS FROM OPEN SPACE ACCOUNT #835
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to approve the expenditure of $5,750.00 from the Open Space Fund Account from which $2,750.00 will be made out to R. Bruce Hunter and $3,000.00 made out to Calciano & Stern Appraisals, for two appraisals required by the DEP Open Space Grant in regard to the Leoni Property and referred it to the Board of Finance.
Mrs. Barbieri indicated that doing appraisals for Open Space is a specialized business and the requirements from the DEP are rather lengthy. The Leoni property has an access way which will have to be appraised separately from the remainder of the property because there are so few comparisons. This has added some extra cost to the appraisal fees.
Councilor Jerram confirmed that the fees are a fair price to pay.
RECOMMENDATIONS: ORDINANCE COMMITTEE #890
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council
voted unanimously to consider recommendations from the Ordinance Committee.
Councilor Jerram reported that there was no action to recommend at this time.
PUBLIC HEARING #900
Councilor Waldron called the Public Hearing to order at 7:00 p.m. to review and discuss proposals for participation in the 2008 Neighborhood Assistance Act.
Joline LeBlanc, Assistant City Clerk, read the legal notice.
Councilor Waldron asked if anyone in the public or any member of the City Council wished to speak. There was no participation.
ACCEPT PROPOSALS FOR NEIGHBORHOOD ASSISTANCE ACT #985
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to accept the following proposals submitted for participation in the 2008 Neighborhood Assistance Act.
LARC
Chamber of Commerce of NW CT, Inc.
United Way of NW CT, Inc.
Susan B. Anthony Project
Greenwoods Counseling Referrals, Inc.
Councilor Waldron called the public hearing to a close at 7:04 p.m.
OPEN TO PUBLIC #1025
On a motion by Councilor Colangelo, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public on “agenda items” only. There was no participation.
BUS: PRESENTED BY DEPT. HEADS #1050
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Department Heads.
Public Works Director Gerald Rollett indicated that the city is sponsoring compost bins which retail at $80.00 and sold by the city for $25.00. Kitchen collectors to carry compost to the bins are also available for $7.00.
Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri reported that 65 people volunteered their time for Earth Day. They hit 22 areas and collected 22 cubic yards of garbage and 11 tires in two and a half hours. She commended everyone who participated.
Mrs. Barbieri said she and Mayor Bingham spent a day at Forbes School talking to the students about anti-littering. She shared with the Council some of the children’s best anti-littering posters that will be on display in downtown businesses.
BUS: MAYOR & MEMBERS #1130
On a motion by Councilor Colangelo, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Mayor Waldron and members of the City Council.
Councilor Colangelo congratulated Dr. Susan O’Brien, the Superintendent of Schools, for being chosen to go to China to bring back some outstanding ideas for the future.
Councilor Carbone acknowledged that today was Mayor Bingham’s birthday.
Councilor Soliani complimented the Warner Theater for wonderful week-end events. It was a great tribute to the Warner as well as the City of Torrington.
Councilor Jerram reported that the annual Youth’s Service Bureau Banquet will be held this Wednesday, May 7th. He invited the Council to attend. He commended the youth of our city for the hard work they do.
Mayor Waldron noted that next week will be the annual Torrington High School T-Fest, and a number of activities will take place on Saturday, May 17th. He stated that most of the schools will be represented with performances by different groups. The public is invited to experience the good things occurring in the city schools.
ADJOURNMENT #1290
On a motion by Councilor Carbone, seconded by Councilor Jerram, the Council voted unanimously to adjourn at 7:14 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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