MINUTES
CITY COUNCIL & WPC AUTHORITY
SEPTEMBER 15, 2008
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, September 15, 2008 in the Council Chambers.
Those in attendance included Councilor Rick E. Dalla Valle, acting as Mayor in Mayor Bingham’s absence, City Councilors 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, WPC Administrator Raymond Drew, and Superintendent of Parks & Recreation Brett Simmons. Absent was Mayor Ryan J. Bingham.
Acting Mayor Dalla Valle called the meeting to order at 6:37 p.m.
MINUTES #025
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to accept the minutes of the regular meeting held September 2, 2008.
OPEN TO THE PUBLIC #040
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to open the meeting to the public.
Susan Coe Holbrook, representative, heir, and descendant of the Coe family urged the Council to retain Gwenythe Harvey and her team of gardeners to work their magic in Coe Memorial Park. She noted that her heirs left the park to the City of Torrington, and also a trust fund to take care of the maintenance of the park. She stated there is sufficient money in the trust to support Mrs. Harvey’s contract that’s before the Council this evening.
Corinne Markey, owner of Markey Landscaping, 169 Red Mountain Avenue, urged the Council to consider doing a Request for Proposal for the maintenance of Coe Memorial Park. She thought that perhaps a local person could do as well as Mrs. Harvey and save money as well.
CONTRACT: GARDEN GODDESS #140
. On a motion by Councilor Jerram, seconded by Councilor Waldron, a discussion took place on the item entitled “Vote on Garden Goddess contract for year round services.”
Corp. Counsel Weaver explained two amendments on the first page of the contract. One in Section 1 where the map is depicting the geographic area of the park, and not depicting the details of the gardens. The other was the removal of the word “Advisory” from the Coe Memorial Park Committee.
Councilor Carbone inquired whether the contract only covered existing beds and not any additional gardening that may result from Phase II?
Corp. Counsel Weaver said “Yes, that’s in case we do changes, and this is for the existing gardens.”
Councilor Carbone inquired whether change orders would have to come through City Council.
Corp. Counsel Weaver indicated that change orders would go through the Superintendent of Parks & Recreation.
Pat Fairchild, Chairperson of Parks & Recreation stated that the commission voted unanimously to approve the contract, however, every commissioner had reservations. Some of their concerns included not going out to bid, and the ultimate cost to the city in the future. She noted that they were assured there will be plenty of money in the Coe Godfrey Fund for years to come, so they voted on the good faith of what they were told.
Corp. Counsel Weaver indicated that the figures were not negotiated with Mrs. Harvey. Mrs. Harvey put her best effort into the contract. The previous contract was for either eight or nine months and did not include various services such as fall plantings and putting the gardens to bed for the winter. This is a year-round, twelve month, all-inclusive contract for three years, so the bottom line cost will maintain the gardens.
Councilor Dalla Valle asked how much time there was between the time the beds are put to rest for the winter and when they begin work again for the year.
Corp. Counsel Weaver indicated that she didn’t know the horticultural schedule, but the contract runs from January 1st to December 31st.
Duke Wall, a member of the Parks & Recreation Commission expressed his concern that no work would be performed during the winter months.
Corp. Counsel Weaver noted that Mrs. Harvey’s previous contract did not include various activities such as fall bulb planting and putting the beds to rest for the winter. She charged extra for those services. Atty. Weaver wasn’t certain but assumed that activities would occur during the winter months. She also noted that there were other items included in the proposed year-round contract that were not in her previous agreement.
Councilor Jerram stated that, according to Mr. Rollett’s memo, the fund will have enough money to cover the expenses for the next two years, but the third year will depend on how much interest is earned.
Public Works Director Gerald Rollett indicated that he would request financial support from the General Fund to cover the anticipated cost overruns in the future should the Council approve the three-year contract with Mrs. Harvey.
He explained that only a certain portion of the income generated from the trust can be applied toward the operation and maintenance of the park, per orders from the Probate Court. That income is currently about $132,000.00 a year. The proposed contract will create a shortfall of approximately $65,000.00 a year. There is approximately $130,000.00 in reserve that will cover the next two years, however, if the income continues at the same rate and costs continue to rise, we will be looking at a $65,000.00+ shortfall in the third year.
Mr. Rollett added that his memo doesn’t consider miscellaneous costs that the city and Parks & Recreation contribute to, such as labor and materials for mowing the grass and plowing the snow. In addition, any event the city puts on, the city, through Parks & Recreation, pays for the event.
Councilor Waldron inquired whether the income from the trust fund was affected by the market, and Ms. Holbrook answered that one third is affected by the market.
Mr. Rollett indicated that the trust has decreased well in excess of a million dollars since 2000 when Phase I of the Master Plan began, and that a large part of the decrease was because of the economy in general. As the trust decreases, the income generated also decreases. When Phase I began, the two sources of income from the trust generated about $220,000.00 to $230,000.00 a year. That same trust today is worth less. The trust doesn’t generate the same kind of income because of he economy. It currently is generating about $180,000.00 a year from the two sources, of which only $132,000.00 is eligible by the Probate Court to be applied toward operation and maintenance.
Councilor Carbone wondered if the Council would be better off considering a shorter term contract. In terms of whether or not work is being performed during the winter months, it was her belief that Mrs. Harvey would be planning, mapping out, purchasing, etc.. Perhaps the contract could also give the Council a better handle on what kind of hours are actually spent doing that sort of thing instead of going with an estimate.
Councilor Jerram felt a shorter term contract would give them the ability not only to carefully monitor the expenses, but also to let the Parks & Recreation Commission and the Coe Park Memorial Committee reevaluate the services on an annual basis and decide whether or not to continue the contract.
Corp. Counsel Weaver said the contract has a termination clause whereby it can be terminated in writing by either party on December 31st of each year.
Councilor Dalla Valle pointed out that the item on the agenda is to approve a three-year contract as proposed. The Council has no option to change it to a one year contract this evening. If the Council wishes to approve the three-year contract, they would vote in favor of the motion. If the Council prefers to vote for a one year contract, they would have to vote against the item on the agenda and have Corp. Counsel renegotiate for a one year contract and come back to the Council.
Councilor Soliani said “I think that the very item that you can end the contract, either side can end the contract at any time, would leave me to want to go in to signing this contract and look at it in a year or two years, and if either party is unsatisfied, whether it is the Garden Goddess or the City of Torrington, we can certainly terminate the contract. I would certainly be in favor, after listening to both committees extensively at their meetings and by the discussions we’ve had here, I would be more inclined to sign the three-year contract as long as we had that stipulation that we can look at her next year. Maybe she won’t want to stay with the City of Torrington next year or within two years, but we still have that option to do that.”
Councilor Dalla Valle indicated that the option to terminate was December 31st, by either party.
Councilor Soliani indicated that, at the end of the first or second year, the city would not be locked into the three years if it doesn’t please us.
Councilor Waldron expressed his concern over the costs in the third year. They would need to review the matter before the December 31st deadline to see how it was staying within the budget, etc.
Councilors Jerram and Soliani agreed that it should be reviewed every year.
Councilor Carbone felt the City Council had an obligation to look at those expenses on an annual basis under the terms of the trust.
Councilor Dalla Valle asked who would make the decision to opt out of the contract, Parks & Recreation or the City Council?
Councilor Carbone believed all decisions relating to this fund have to come before the City Council.
Corp. Counsel Weaver indicated that Parks & Recreation could make a recommendation.
Mr. Rollett explained that the reserve will pick up the overruns this year and next year, but there will come a time when there is no longer a reserve and he will have to ask for money from the general fund for the Coe Park budget. That request will come before the City Council.
Jim Pescatore, member of the Parks & Recreation Commission, wondered if they may be spending more than they should be on this contract. He felt they needed to see other prices for the same type of work. His recommendation was to put the item out to bid.
Councilor Dalla Valle pointed out that the item on the agenda did not include waiving the bid process, which would have to be added to the motion should the Council want to vote in favor of the item.
Ms. Holbrook addressed some of the issues that were brought up. She indicated that the fund has a principal balance of almost $5 million. If it’s invested properly, it achieves approximately four to 4.5% interest every year. Approximately seven years ago, one-third was allowed to be retained by the trustee to reinvest. One-third of that income would allow them to get almost 5%. The fund would be generating approximately 7.8% if the one-third of the interest and income were not retained by the trustee.
She indicated that Mrs. Harvey’s contract is in the best interest of the park and the family fully supports Mrs. Harvey. Her great great-grandmother put the money there to care for the park. The only reason a budget was created was because the director then wanted to bypass the Council every time he wanted to spend money.
She added that Parks & Recreation is a 92% user of the Civic Center. They have expenses of almost $48,000.00 a year in utilities, yet Parks & Recreation does not pay one cent for the events and programs they hold in that building. It was a gentleman’s agreement for the city not to charge the trust fund for the labor to mow the grass in exchange for not being charged the fees. Two-thirds of the basement is used for Parks & Recreation storage as well as almost 80% of the Carriage House. It was her belief that the city has benefitted the majority of this gentleman’s agreement.
Ms. Holbrook also believed that Mrs. Harvey’s contract had a provision for an annual review and it can be terminated by either party at the end of the year.
Councilor Jerram indicated that the Council had a legitimate concern that the fund will decrease as the performance decreases. He thought it might be in the city’s best interest to table the matter until they get more information from Probate or the administrator of the trust. He asked what would occur if the Council didn’t act on this matter this evening.
Corp. Counsel Weaver said she was uncertain if the Garden Goddess would remain available to us for much longer.
AMEND MOTION #1065
Councilor Jerram amended his motion to waive the bid process so the matter can move forward. Councilor Waldron amended his second.
During further discussion, Councilor Carbone noted that the provision for an annual review should be included in the proposed contract, and asked if they could amend the contract to do so.
Corp. Counsel Weaver indicated that Mrs. Harvey did not want to state that there would be an annual review in the proposed contract, but quarterly reports would be furnished to the Superintendent of Parks & Recreation.
Councilor Jerram said when they spoke two weeks ago about this matter, we were to get a contract that would provide for services as well as protect the interest of the city and the trust.
MOTION TO TABLE #1120
Councilor Colangelo made a motion to table this matter. Councilor Jerram seconded the motion. The Council, with the exception of Councilor Soliani who opposed, voted in favor of the motion to table. On a 4-1 vote, the motion to table passed.
Councilor Dalla Valle pointed out that the item should be on the next Council agenda with proper wording to waive the bid process. The contract should also stipulate that Mrs. Harvey be held to an annual review by the City Council and the Parks & Recreation Commission.
Corp. Counsel Weaver said she was uncertain that Mrs. Harvey would be agreeable to changing the agreement the Council is looking at this evening. She reiterated that Mrs. Harvey did not want the annual review provision in the contract.
REALLOCATION: CAPITAL FUNDING #1175
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to authorize the reallocation of prior and current year capital funding as identified by the Superintendent of Parks & Recreation in Comptroller’s memo dated 9/10/08, and referred it to the Board of Finance.
Councilor Dalla Valle indicated, that under Line Item 5274-0023 Superintendent of Parks & Recreation Brett Simmons was proposing to take $1,600.00 geared to perform upgrades to the Skate Park, to do upgrades some place else. He stated that the money is needed at the Skate Park to upgrade the elements and keep the interest of the kids, and asked that this item be reconsidered.
Mr. Rollett indicated that a Capital Committee has been created to review capital projects, however, they have not yet prioritized them except for those that need to be done quickly due to safety and property concerns. Mr. Rollett will recommend that Councilor Dalla Valle’s request go before the Capital Committee.
FINAL BUDGET TRANSFERS #1325
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to authorize the final budget transfers for fiscal year 7/1/07 to 6/30/08 per the Comptroller’s memo dated 09/10/2008 and referred the matter to the Board of Finance.
WRIGHT PIERCE #1335
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to authorize the payment of $8,100.00 from Sanitary Sewer Capital Improvement Acct. #0490.8888.5900 to Wright Pierce for invoice #58669 for engineering services related to the Felicity Lane/Gulf Stream Sewer Crossing
and referred it to the Board of Finance.
FRIAR ASSOC. #1355
On a motion by Councilor Jerram, seconded by Councilor Colangelo, the Council voted unanimously to authorize the payment of $86,147.00 from Municipal Renovations Fund #0316 to Friar ASSOC. for Invoice #16 for professional services rendered from 8/1/08 to 8/31/08.
BUILDING DEPT. REPORT #1365
On a motion by Councilor Soliani, seconded by Councilor Waldron, the Council voted unanimously to accept the Building Department Report for August 2008.
BUS: SECTION B #1380
. On a motion by Councilor Waldron, seconded by Councilor Colangelo, the Council voted unanimously to consider business in Section B.
HEMLOCK CONST. CO. #1395
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $164,160.95 from Sanitary Sewer Capital Improvement Fund #0490 to Hemlock Construction Co., Inc. for requisitions #1 & 2 for work completed on the Sanitary Sewer Project Charles St. Relief Line at Winthrop Street, and referred it to the Board of Finance.
OPEN TO THE PUBLIC #1405
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to open the meeting to the public on “agenda items” only. There was none.
BUS: DEPT. HEADS #1415
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #1450
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Acting Mayor Dalla Valle and members of the City Council.
ADD ITEM TO AGENDA #1460
Councilor Carbone requested adding an item to the agenda by 2/3rds vote in regard to a bid for roofing the Oak Avenue Park & Recreation Facility.
Councilor Colangelo seconded the motion. Unanimous.
BID: OAK AVENUE PARK & REC. FACILITY #1490
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to accept the Purchasing Agent’s recommendation to award the bid entitled Re-Roofing Oak Avenue Park & Recreation Facility to the low bidder, Quality Roofing Systems of West Haven, CT for an amount of $17,300.00.
Councilor Jerram thanked the Parks & Recreation Commission for the serious thoughts given to the Garden Goddess contract.
Councilor Soliani thanked both, the Parks & Recreation Commission as well as the Coe Memorial Park Committee for their hard work.
ADD TO THE AGENDA: SMALL CITIES #1650
Councilor Waldron requested adding an item to the agenda by 2/3rds vote in regard to micro loans. Councilor Soliani seconded the motion. Unanimous.
SMALL CITIES MICRO LOANS: JESSED, INC. & SALON Q, LLC #1680
On a motion by Councilor Waldron, seconded by Councilor Colangelo, the Council voted unanimously to approve a Small Cities Business Loan to Jessed, Inc. d/b/a Holly’s Oatmeal in the amount of $75,000.00, and a Small Cities Business Loan to Salon Q, LLC in the amount of $7,500.00.
Corp. Counsel Weaver stated that she and Mrs. Harvey (The Garden Goddess) worked on the proposed contract together for more than an hour going through various details of items that she and the city were both willing to accept, so the contract was not simply a unilateral agreement. The numbers are what she was looking for and it was Atty. Weaver’s belief that this was her best effort to coming close to giving the city a reasonable proposal.
Councilor Dalla Valle commended the entire Parks & Recreation Commission for attending this meeting.
ADJOURNMENT #1775
On a motion by Councilor Colangelo, seconded by Councilor Soliani, the Council voted unanimously to adjourn at 7:30 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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