MINUTES
CITY COUNCIL & WPC AUTHORITY
JULY 28, 2008
A REGULAR MEETING of the City Council & WPC Authority, adjourned from Monday July 21, 2008, was held on Monday, July 28, 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 Building Inspector John Rondano.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES #025
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 regular meeting held July 7, 2008.
OPEN TO THE PUBLIC #030
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to open the meeting to the public. There was no public participation.
UPDATE: TORRINGFORD ELEMENTARY SCHOOL #040
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to hear an update from the chairman of the Torringford School Building Committee, John Calkins.
Mr. Calkins reported that the last two invoices approved by the Council were for retainage after the committee was satisfied that the contractors had completed their work, and that the Council should expect one more invoice in the next few weeks totaling $7,500.00 to $8,500.00 for air conditioning the computer room. At that point, Mr. Calkins will be ready to call a final meeting of the Building Committee and vote to turn the project over to the Board of Education.
Mr. Calkins noted that he and Comptroller Alice Proulx were concerned about additional funding reimbursement from the State of Connecticut; however, according to Nancy Haynes, Director of Business Services at the Board of Education, the city can’t apply for the additional funding until the project is turned over, and he would like this to occur in the very near future.
Mr. Calkins noted that the project will be under budget by approximately $450,000.00 to $500,000.00.
HEAR APPEAL: JOHN QUINTILIANI & CATHERINE OHM #160
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to hear the appeal of John Quintiliani and Catherine Ohm, 139 Lyman Drive, contesting the payment of a late fee for siding removal and alteration.
Attorney Richard A. Case spoke on behalf of John Quintiliani and Catherine Ohm. His objective was to receive an affirmative vote from the Council to return a $150.00 late fee that was charged to his clients and paid under protest. Atty. Case stated that Mr. Quintiliani, a licensed contractor, noticed that there was a potential for water damage to the flashing and the insulation underneath the siding of said property. In anticipation of finding damage, he removed some of the siding and was cited on the basis that he was doing a re-siding job. The fact is, he was checking to see if any damage had occurred. Atty. Case stated that his clients recognize the fact that they do need a permit if they intend to replace the siding after it’s been removed. The contractor
they hired did pull a permit to do so.
Atty. Case asked the Council to say that the assessed late fee was based on a set of facts that should not have been, and the reasonable thing to do was to return the funds to them.
Corp. Counsel Weaver indicated that the charge in question is a fee, not a fine. It’s a regular permit fee if someone is applying for a permit after they started working on the job.
VOTE ON QUINTILIANI AND OHM’S APPEAL #580
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, Councilors Soliani and Colangelo voted in favor of the motion to deny the request from John Quintiliani and Catherine Ohm, 139 Lyman Drive, contesting the payment of a late fee for siding removal and alteration. Councilors Jerram, Waldron, Dalla Valle and Carbone opposed. The motion failed and the city will refund the $150.00 late fee to John Quintiliano and Catherine Ohm.
MODIFY GENERAL FUND BUDGET #625
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to authorize the modification of the 2008/2009 General Fund Budget for the Levee Phase I Funding:
Revenue Line Item #0010.0070.4052.0005 – $200,000.00
Expense Line Item #0010.0031.5816.0037 – $200,000.00
(The balance of $100,000.00 will be encumbered from Line Item 0010.0031.5816.0037 - Fiscal Year 2007-08) Approved by Board of Finance on 7/15/08
RESOLUTION: EMERGENCY MGMT & HOMELAND SECURITY #630
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to adopt a Resolution and authorize Mayor Bingham to enter into a Memorandum of Agreement Between the State of Connecticut, Department of Emergency Management & Homeland Security and the City of Torrington, located in DEMHS Region 5, Regarding State Use of Funding Granted by the Department of Homeland Security.
RESOLUTION: HOMELAND SECURITY
I Joseph L. Quartiero, City Clerk of Torrington, do hereby certify that the following is a true and correct copy of a Resolution adopted by the Board of Councilmen at its duly called and held meeting on July 28, 2008, at which a quorum was present and acting throughout, and that the Resolution has not been modified, rescinded, or revoked and is at present in full force and effect.
RESOLVED, that the Board of Councilmen may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security any and all documents which it deems to be necessary or appropriate; and
FURTHER RESOLVED, that Ryan J. Bingham, as Mayor of Torrington, is authorized and directed to execute and deliver any and all documents on behalf of the Board of Councilmen and to do and perform all acts and things which he deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited to, executing and delivering all agreements and documents contemplated by such documents.
The undersigned further certifies that Ryan J. Bingham now holds the office of Mayor and that he has held that office since 12/5/05.
IN WITNESS WHEREOF: The undersigned has executed this certificate this 29th day of July, 2008.
Joseph L. Quartiero, CMC
City Clerk
DAYTON CONSTRUCTION CO. #635
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to accept the recommendations from the Purchasing Agent and the City Engineer to award the bid entitled “Farley Place Culvert Rehabilitation” to the low bidder Dayton Construction Company, Inc. in the amount of $79,460.00.
INVOICES: MUNICIPAL CITY HALL RENOVATIONS #660
On a motion by Councilor Waldron, seconded by Councilor Colangelo, the Council voted unanimously to approve the following invoices from the Municipal City Hall Renovations Fund # 0316:
$ 770.28 Corporate Express Invoice #88196050 banker boxes
$ 76.84 Rep. American Invoice #000340179 legal notice - rental space
$1,444.00 Sunshine Env. Svcs Invoice #70208 oil tank disposal
$ 75.34 Ed Cook Invoice #71008 tarps reimbursement
APPOINTMENT: EDC #670
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to appoint Greg Mele to the Economic Development Commission as the Planning & Zoning Liaison to fill the vacancy created by Gary Giordano for a term to expire in February 2011.
SHRED-IT #690
Councilor Carbone made a motion to authorize the payment of $3,500.00 from Contingency to Shred-it for the removal of 815 cubic feet of obsolete records from nine departments in City Hall and Parks & Recreation, and referred it to the Board of Finance. Councilor Colangelo seconded the motion.
Councilor Soliani inquired why this item was not included in someone’s budget.
City Clerk Joseph L. Quartiero explained that this was an unanticipated expense. He said he hoped we could move to a location where we can take the inactive records with us and return them to the archival room in City Hall after it’s renovated. If we are unable to do so, we will have to return the $50,000.00 grant we received from the state.
Mayor Bingham noted that every effort was made to piggy back on the state’s Shred-it Day, but we were denied.
Councilor Dalla Valle asked why the city would pay $825.00 to remove records from the basement when we could save the money if we do it ourselves.
Mr. Quartiero stated that those records included many heavy boxes and books.
Councilor Jerram didn’t think it was worth exposing the city to any liability issues.
AMEND MOTION #820
Councilor Carbone amended her motion to authorize the payment of UP TO $3,500.00 from Contingency to Shred-it for the removal of 815 cubic feet of obsolete records from nine departments in City Hall and Parks & Recreation, and referred it to the Board of Finance. Councilor Colangelo amended his second. Unanimous.
SMALL CITIES: REGISTER CITIZEN #855
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to authorize the payment of $145.48 from Small Cities Fund #250 to the Register Citizen, for Invoice #2277247 for a Legal Notice placed for the Program Income Amendment in regard to City Hall ADA Improvements Project.
SMALL CITIES: REGISTER CITIZEN #860
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to authorize the payment of $428.82 from Small Cities Fund #250 to the Register Citizen, for Invoice #2286155 for a Legal Notice placed for the Request Release of Funds in regard to the 2008 Grant Application for the City Hall ADA Improvements Project.
SMALL CITIES: USA HAULING & RECYCLING #865
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $307.00 from Small Cities Fund #250 to USA Hauling & Recycling, Inc., for Invoice #1500060107 for a Haul Charge & Dump Fee.
BUILDING DEPT. REPORT #875
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to accept the Building Department Report for June 2008.
RECOMMENDATION: SMALL CITIES #885
On a motion by Councilor Waldron, seconded by Councilor Colangelo, the Council voted unanimously to hear the recommendation from the Small Cities Committee.
SMALL CITIES: FRIENDLY HANDS #920
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to approve a Small Cities’ project for Friendly Hands Food Bank for a dollar amount UP TO $1,365.00 to purchase a refrigerator/freezer.
OPEN TO THE PUBLIC #930
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to open the meeting to the public on “agenda items” only. There was none.
BUS: DEPT. HEADS #940
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads.
City Clerk Joseph L. Quartiero informed the board that Maryann Delay will be retiring on Friday after 24 years of service and invited the Council to come into the Clerk’s Office on Thursday to wish her well.
He also informed the Council that Carol Anderson has completed all mandatory courses to be eligible to take the State Certification exam put on by the Secretary of State’s Office in conjunction with the Connecticut Town Clerks Association. She passed the exam and is designated a certified assistant town clerk. She will be awarded her certification at the September Town Clerk’s Association Conference.
BUS: MAYOR AND MEMBERS #985
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 Soliani inquired about the fence for the Dog Park at the Drakeville Fire Department.
Mayor Bingham noted that it will be moved to a new location to be decided on by the Parks & Recreation Department.
Councilor Soliani also inquired about the Peace Pole.
Mayor Bingham stated that the Peace Pole was an idea created by the Girls Scouts and the Womens’ Club which his office helped facilitate. To date, no money has been spent by the city on this project and if there is in the future, it will most likely come from a community development line item or his flower fund. It’s basically a beautification project and an educational tool that has nothing to do with politics or religion.
EXECUTIVE SESSION: PENDING LITIGATION #1140
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to go into Executive Session to review pending litigation matters.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
OPEN SESSION # 1150
On a motion by Councilor Jerram seconded by Councilor Carbone, the Council voted unanimously to return to open session.
EXECUTE SETTLEMENT: SRSNE
On a motion by Councilor Jerram seconded by Councilor Waldron, the Council voted unanimously to execute the settlement document resolving the claims of the Southington Water Department, and execute the De Minimis Consent Decree for the City of Torrington in the Matter of Solvents Recovery Service of New England, Inc. Superfund Site, United States of America and State of Connecticut v. A.R. Sandri, et al.
SETTLEMENT PAYMENT: SRSNE
On a motion by Councilor Jerram seconded by Councilor Carbone, a discussion was held about whether there were funds available to pay for the settlement. Corporation Counsel informed the Council that $73,000 had been budgeted in anticipation of the settlement. The Council unanimously voted to authorize the settlement payment from the SRSNE Assessment Account in the amount of $72,720.00 in the Matter of Solvents Recovery Service of New England, Inc. Superfund Site, United States of America and State of Connecticut v. A.R. Sandri, et al.
ADJOURNMENT
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to adjourn at 7:45 p.m.
ATTEST: ERNESTINE YUILLE WEAVER
CORPORATION COUNSEL
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