MINUTES
CITY COUNCIL & WPC AUTHORITY
SEPTEMBER 2, 2008
A REGULAR MEETING of the City Council & WPC Authority was held on Tuesday, September 2, 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, Purchasing Agent Pennie Zucco, Data Processing Manager Rudy Pullano, Personnel Director Thomas Gritt, and the City Labor Consultant Victor Muschell.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES #020
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to accept the minutes of the regular meeting held August 18, 2008.
OPEN TO THE PUBLIC #025
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public.
Mindy Hobson, and Heather Kosmulski, members of the Torrington Early Childhood Collaborative, thanked the community for their support in their Clothing Drive held on August 9th. More than 600 people attended the event and the drive benefitted more than 400 youngsters with clothing and school supplies. They also noted that they received $1,500.00 in monetary donations and storage space for clothing they will gather prior to next year’s event. They especially thanked Senator Roraback and State Representative Ruwet for their support.
Carla Woodworth, also a member of the TECC informed the Council that they recently received a $200.00 grant from the Department of Children & Families for a Family Day Celebration. It will be used to help defray costs for the Torrington Days event.
RESOLUTION: TORR. DEVELOPMENT CORP. #100
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to adopt a Resolution and authorize the Executive Director of the Torrington Development Corporation to execute administrative documents pertaining to the assistance agreements for the Torrington Downtown Redevelopment Project.
RESOLUTION
Resolution of the Torrington City Council authorizing the Executive Director or President of the Torrington Development Corporation to execute administrative documents pertaining to the assistance agreements for the Downtown Torrington Redevelopment Project
WHEREAS, pursuant to Section 4-66c of the Connecticut General Statues, the Connecticut Department of Economic and Community Development is authorized to extend financial assistance for economic development projects; and,
WHEREAS, pursuant to Section 13(f)(9) of the Connecticut Public Act 07-7, the State of Connecticut has agreed to grant the amount of Five Hundred Four Thousand Eight Hundred Seventy-five and 00/100 Dollars ($504,875.00) to the City of Torrington for economic development associated with the Downtown Torrington Redevelopment Project; and,
WHEREAS, the Torrington City Council, through a resolution dated June 24, 2008 determined that it is desirable and in the public interest to make applications to the State of Connecticut for such funding; and,
WHEREAS, the City of Torrington entered into Assistance Agreements with the Connecticut Department of Economic and Community Development for acceptance of such grant funding; and,
WHEREAS, the Torrington Development Corporation is the agency responsible for administration of said Assistance Agreements in accordance with the terms and conditions set forth in the Assistance Agreement for management of the grant funds, including the preparation of Semi-Annual Progress Reports, Project Financing Plan & Budget, requisitions and progress payments and related reporting requirements;
NOW THEREFORE BE IT RESOLVED, that the Executive Director or the President of the Torrington Development Corporation is hereby designated by the Torrington City Council to prepare and execute all administrative documents and reports as required by the Assistance Agreements between the City of Torrington and the Connecticut Department of Economic and Community Development for the Downtown Torrington Redevelopment Project, including but not limited to Semi-annual Progress Reports, Semi-annual Financial Reports, Requisitions and Progress Payments, and such other administrative requirements of the grant as may be required by the Connecticut Department of Economic and Community Development.
Signed this 3rd day of September 2008
Mayor Bingham noted that the city received a $504,000.00+ grant from the Governor and this Resolution will allow us to partner with the Torrington Development Corporation in spending the funds to execute the MDP.
Atty. Muschell said the Resolution ties the Torrington Development Corporation to the city, eliminating a gap as to who is to administer these funds. Once the Resolution is passed, the funds that the city and the TDC have budgeted can be expended as long as it’s within that budget and signed by the executive director of the TDC.
Councilor Jerram asked if the funds to be expended would first be approved by the Torrington Development Corporation and then by the City Council.
Atty. Muschell said that hasn’t been the case up to now. The city did supply the Torrington Development Corporation with $100,000.00 and coming before the Council was not a criteria. He noted that the TDC is ready to sign a contract with Milone & McBroom to conduct the Municipal Development Plan and the TDC has no official connection to the money. He explained that he was reluctant to sign any contract unless there was an agreement with the city to use that money and pay Milone & McBroom.
RESOLUTION: MONEY PURCHASE RETIREMENT PLAN #210
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously, after a brief discussion, to adopt the Resolution and execute the Adoption Agreement to establish and adopt the Money Purchase Retirement Plan for the City of Torrington as administered by ICMA-RC.
RESOLUTION FOR A LEGISLATIVE BODY RELATING TO A MONEY PURCHASE PLAN
RESOLUTION OF THE CITY OF TORRINGTON:
WHEREAS, the Employer has employees rendering valuable services; and
WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and
WHEREAS, the Employer desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held such plan be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans:
NOW THEREFORE BE IT RESOLVED that the Employer hereby establishes or has established a money purchase retirement plan (the “Plan”) in the form of:
The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to the specific provisions of the Adoption Agreement (executed copy attached hereto).
The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries; and
BE IT FURTHER RESOLVED that the Employer hereby executes the Declaration of Trust of Vantage Trust, included here, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the Employer, if the assets of the plan are to be invested in the Vantage Trust.
BE IT FURTHER RESOLVED that the Employer hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the Vantage Trust; and
BE IT FURTHER RESOLVED that the Comptroller for the CITY OF TORRINGTON shall be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the Vantage Trust; shall cast, on behalf of the Employer, any required votes under the Vantage Trust; may delegate any administrative duties relating to the Plan to appropriate departments; and
BE IT FURTHER RESOLVED that the Employer hereby authorizes the MAYOR of the CITY OF TORRINGTON to execute all necessary agreements with the ICMA Retirement Corporation incidental to the administration of the Plan.
I, JOSEPH QUARTIERO, Clerk of the CITY OF TORRINGTON do hereby certify that the foregoing resolution of the CITY OF TORRINGTON , was duly passed and adopted by the City Council of the CITY OF TORRINGTON at a regular meeting thereof assembled this second day of September 2008, by the following vote: Unanimous.
Councilor Dalla Valle inquired whether this request needed to go before the Pension Board.
Personnel Director Thomas Gritt said no, this request is originating with the city and the bargaining units as a proposal. The vendor has already been discussed and chosen. This will come in the form of a proposal and the second part is that we implement this for Management Resolution employees which this board governs as well.
Councilor Dalla Valle said if they pass the resolution, it still has to be approved, some place else. If the bargaining units still have to accept it, then he thought the pension board would have something to do with it.
Councilor Jerram said it was his understanding that all union employees currently have the defined benefit plan, and the goal is, through negotiations, to have all new hires going to the (sentence unfinished.)
Councilor Dalla Valle said he was questioning the fact that we are offering it to existing employees as well. The Council can change anything for new employees.
Councilor Jerram noted that it’s a self-directed plan that won’t be part of the pension governed by the pension board.
Mr. Gritt said he didn’t think there was a problem if the pension board had oversight of it.
Atty. Muschell stated that the pension board merely administers the pensions. They have jurisdiction over the city’s defined benefit plan, but they would have no jurisdiction over the defined contribution plan so you wouldn’t need their approval.
Councilor Dalla Valle said “I know during the negotiations, they were involved in it, at least up to the negotiations. I’m thinking that people that are going to oversee it, that’s (sentence unfinished.)”
Atty. Muschell said those negotiations concerned the pension plan. They discussed the administration of the pension plan and the investment of pension monies. This is a self-directed plan where each individual would have their own plan, not controlled at all by the Board of Trustees of the pensions. The city does have to negotiate with the Unions in order to get the Unions to buy into this.
Mr. Gritt indicated that, perhaps during those negotiations, the Unions will request some type of representation with the city, and they would request that as well.
DEFINED BENEFIT PENSION PLAN #305
On a motion by Councilor Colangelo, seconded by Councilor Jerram, the Council voted unanimously to authorize the Personnel Director to offer current employees not presently enrolled in the Defined Benefit Pension Plan and all Management Resolution employees hired in the future, the newly established Defined Contribution Plan as adopted in prior agenda item.
AT&T #315
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to accept the recommendations from the Purchasing Agent and the Information Systems Department Supervisor to waive the bid process and award the bid entitled “Data and Internet Network System” to AT&T, Dallas, TX in the amount of $42,840.00 per year.
UHY, LLP: FORENSIC AUDIT #320
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to accept the Evaluation Committee’s recommendation to hire UHY, LLP of Hartford, CT to conduct the Forensic Audit - Tax Collector, per memo from Purchasing Agent dated 8/26/08.
Mayor Bingham noted that UHY, LLP quoted in three phases. The third phase will be used only if there is a sense that a forensic audit is needed and this will be contracted under a separate agreement.
RESOLUTION: AUTOTOTE ENTERPRISES #395
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to adopt a Resolution authorizing Autotote Enterprises to relocate its simulcast facility from its present location at 1703B East Main Street to 131 Water Street.
RESOLVED that Autotote Enterprises Inc. is hereby authorized to establish a simulcast facility at 131 Water Street in the City of Torrington, Connecticut, pursuant to the terms of Section 12-571a(b) and 12-572(a) of the Connecticut General Statutes, such authority to include Sunday wagering.
Councilor Dalla Valle thought it was a wonderful addition and a perfect fit to the redevelopment of the downtown area.
Councilor Soliani stated that her main concern was the element of foot traffic and the ability to loiter. Some of the businesses in the immediate area share her concern that this is the type of element that Autotote will attract by bringing OTB downtown.
Donald Barberino, Director of Marketing & Public Relations from Autotote stated that most people who frequent their facility during the busy time in the day are businessmen and retirees. He indicated that they have a good record of being a good community citizen and there are no issues with public safety.
Councilor Soliani inquired whether foot traffic in other towns has generated an increase in the need for police officers.
Mr. Barberino said no, there was no need to have police officers present. However, they may hire a police officer to direct traffic during a Kentucky Derby Day, for instance. They don’t have any incidents in any of their places of business. It’s just not an issue.
RESOLUTION: MOU: TELECOMMUNICATIONS #825
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to adopt a Resolution authorizing Mayor Bingham to sign the Memorandum of Understanding By and Between the Connecticut Department of Public Safety, and the City of Torrington Regarding Regional Emergency Telecommunications Center Transition Grants. (Attached at the end of the minutes.)
SARRACCO #835
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $6,670.00 from the Torringford School Building Fund #0314 to Sarracco for Invoice #5263-01 for the installation of a ductless split unit for the server room.
OPEN TO THE PUBLIC #840
On a motion by Councilor Colangelo, seconded by Councilor Waldron, the Council voted unanimously to open the meeting to the public on “agenda items” only. There was none.
BUS: DEPT. HEADS #850
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #860
On a motion by Councilor Waldron, seconded by Councilor Colangelo, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Dalla Valle noted that Cable Vision will be removing local cable channels 5, 21 & 22 from public access unless you purchase a box, and he thought it would be in the best interest of the city to write a letter to the Advisory Committee on behalf of the Mayor and the City Council requesting Cable Vision to reconsider this matter.
ADD TO THE AGENDA #955
Councilor Dalla Valle made a motion to add an item to the agenda by 2/3rds vote in regard to writing a letter to Cable Vision. Councilor Jerram seconded the motion. Unanimous.
WRITE TO CABLEVISION #960
Councilor Dalla Valle made a motion to have the Mayor’s Office write a letter on behalf of the Mayor and the City Council requesting that they reconsider removing public access channels 5, 21, and 22. Councilor Jerram seconded the motion. Unanimous.
Councilor Jerram noted that a copy of the letter should also be sent to the DPUC.
Councilor Dalla Valle noted that he has received a number of complaints about the outdated signs and plastic hanging in the windows in the property located on the corner of Water and Main Street.
Councilor Dalla Valle also reported that Tim Driscoll’s son was involved in a motorcycle accident over the weekend and sustained serious injuries. He asked that everyone consider him in their prayers.
Councilor Jerram thanked Tom Gritt for his hard work on the Defined Contribution Plan.
PUBLIC HEARING #1100
Mayor Bingham called the Public Hearing to order at 7:00 p.m. to consider the discontinuance of that certain piece or parcel of land known as Buttrick Road, with the improvements thereon, situated in the Town of Torrington, County of Litchfield, and State of Connecticut, bounded and described as follows:
Northerly - by land now or formerly of Noad Enterprises, LLC, 420 ft more or less
Easterly - by State Route 800 A.K.A. Winsted Road, 40 ft more or less
Southerly - by land now or formerly of Noad Enterprises LLC, 420 ft more or less
Westerly - by land now or formerly of State of Connecticut, 65 ft more or less
City Clerk Joseph L. Quartiero read the legal notice.
Tom Kandefer, 1821 Winsted Road, inquired about the purpose of the discontinuance of Buttrick Road.
City Engineer Ed Fabbri said Vincent Noad, owner of the properties on both sides of Buttrick Road requested the discontinuance in order to connect to sewer and water, which would be more easily accomplished if the road was discontinued. Should it be discontinued, the road won’t be plowed, it won’t be paved, and it won’t be maintained by the city, but people will still have access and use of it and be able to travel on it without trespassing to get to the state forest.
Chris Brancato, 21 Smith Road, asked what would keep the abutting land owners from asking the state to abandon the road in the future.
Corp. Counsel Weaver indicated that discontinuance is a statutory term for the abandonment of the road. This will be part of the city’s ordinances and a permanent record will be kept of what has taken place on this matter.
Mr. Brancato said it was his understanding that the discontinuance meant that the town is no longer responsible for the maintenance of the road but it would still be officially passable by a registered motor vehicle.
Corp. Counsel Weaver said “Even if it were abandoned, you could still pass on the road.”
Mr. Brancato said the way he understood it was that if was abandoned, it meant that the property reverts to the abutting land owner.
Corp. Counsel Weaver said there will always be the right to pass because it was a pre-existing road.
Councilor Jerram asked if “pass” meant by foot only or by vehicle traffic as well.
Corp. Counsel Weaver said she assumed it would be by foot since the city won’t be paving it.
Mr. Fabbri indicated that Mr. Noad’s house is at the end of the road and he will actually be using it as a driveway, so vehicles will be able to go in and out.
Mayor Bingham closed the public hearing at 7:12 p.m.
DISCONTINUE BUTTRICK ROAD #1435
On a motion by Councilor Jerram, seconded by Councilor Colangelo, further discussion took place on the discontinuance of that certain piece or parcel of land known as Buttrick Road, with the improvements thereon, situated in the Town of Torrington, County of Litchfield, and State of Connecticut, bounded and described as follows:
Northerly - by land now or formerly of Noad Enterprises, LLC, 420 ft more or less
Easterly - by State Route 800 A.K.A. Winsted Road, 40 ft more or less
Southerly - by land now or formerly of Noad Enterprises LLC, 420 ft more or less
Westerly - by land now or formerly of State of Connecticut, 65 ft more or less
Councilor Carbone inquired whether the road would revert to the property owner, should the Council vote to discontinue the road.
Corp. Counsel Weaver said if they were to abandon the road and it was to revert back to the property owner, then the public would still have the right to pass over it. As far as the discontinuance is concerned, in this case, we are relinquishing our maintenance responsibilities for Buttrick Road.
Councilor Carbone said “But the city will still own it; the title does not transfer to any property owner?”
Corp. Counsel Weaver said “We’re not doing that.”
Mr. Fabbri said he didn’t think the city ever had title to the property to begin with. It was never deeded to the city.
VOTE ON BUTTRICK ROAD #1490
The Council voted unanimously to accept the discontinuance of that certain piece or parcel of land known as Buttrick Road, with the improvements thereon, situated in the Town of Torrington, County of Litchfield, and State of Connecticut, bounded and described as follows:
Northerly - by land now or formerly of Noad Enterprises, LLC, 420 ft more or less
Easterly - by State Route 800 A.K.A. Winsted Road, 40 ft more or less
Southerly - by land now or formerly of Noad Enterprises LLC, 420 ft more or less
Westerly - by land now or formerly of State of Connecticut, 65 ft more or less
BUS: BY MAYOR & MEMBERS #1495
Mayor Bingham went back to business considered by Mayor and Members.
Councilors Soliani and Waldron had no business to report.
Mayor Bingham reminded everyone that a Polka Dance is scheduled in front of City Hall this coming Friday evening.
ADJOURNMENT #1550
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:15 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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