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Minutes 12/21/2009 Approved
MINUTES
CITY COUNCIL & WPC AUTHORITY
DECEMBER 21, 2009
A   REGULAR  MEETING of the City Council & WPC Authority was held in the Senior Center Main Room on Monday, December 21, 2009.
Those in attendance included Mayor Ryan J. Bingham, Corporation Counsel Ernestine Yuille Weaver, City Councilors Paul F. Samele, Jr., Elinor Carbone, Thomas Jerram, Marie Soliani, and Drake Waldron, Treasurer Arthur Mattiello, Personnel Director Thomas Gritt, Atty. Victor Muschell, WPC Administrator Ray Drew, Atty. Larry Wagner, Parks & Recreation Commission Chairperson Patricia Fairchild, Coe Memorial Park Advisory Committee members Susan Holbrook, Mary Zbell, Frank Pennington and Margaret Keywan, Superintendent of Parks and Recreation Brett Simmons, Board of Finance member Tom Scoville, and City Clerk Joseph Quartiero.  City Councilor Richard Dalla Valle was absent.
Mayor Bingham called the meeting to order at 8:07 p.m.

MINUTES
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously
to accept the minutes of the Regular Meeting held December 7, 2009.

OPEN TO THE PUBLIC
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to  open the meeting to the public.
Ms. Daline Dudley of Trotters Way stated her concern regarding the extention of the Still River  Gardens contract for services at Coe Memorial Park. She asked the Council to consider putting the contract out  to bid again.
Ms. Susan Coe Holbrook of P.O. Box 303 representing the descendants of Adelaide Coe Godfrey, asked that Coe Memorial Park be restored to a Victorian setting as her great-great-grandmother wished and put the contract out to bid. If Still River Gardens' contract were extended, she asked that a new contract, with accountability, be considered.

BRD OF EDUC / TORR EDUC ASSOC AGREEMENT
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council considered approving the agreement between the Board of Education and the Torrington Education Association per the letter from Atty. Victor M. Muschell dated November 20, 2009.
Atty. Muschell recommended the agreement not be rejected.
Councilor Soliani said she didn't think the people of Torrington would be fairly served if any raises or step increases were approved.
The motion was denied 0/3 with Councilors Waldron and Carbone abstaining from the vote.

TORR AREA HEALTH DISTRICT
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to reappoint Robert Waselik and Robert Good as regular members of the Torrington Area Health District for a three year term expiring January 9, 2013.

SEALER OF WEIGHTS AND MEASURES
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to reappoint Fletcher Waldron as Sealer of Weights and Measures for a 2 yr. term expiring Dec.31, 2011.

REPROGRAM FUNDS: CITY HALL ADA/HOUSING REHAB
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to adopt the following resolution for the reprogramming of Program Income Funds (from various accounts) to provide additional funding for the City Hall ADA Project and to provide additional funds to the Housing Rehabilitation Program Income Account:  

RESOLUTION FOR THE USE OF PROGRAM INCOME

Whereas, the City of Torrington has received funds under the Connecticut Small Cities Community Development Block Grant (CDBG) Program for a Business Loans, administered by the State of Connecticut, Department of Economic and Community Development, pursuant to Title I of the Housing and Community Development Act of 1974 as amended; and

Whereas, the City of Torrington has expended those funds pursuant to Title I of the Housing and Community Development Act of 1974, the Code of Federal Regulations, and the Assistance Agreement, and,

Whereas, those funds received by the City of Torrington have generated Program Income.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TORRINGTON:
1.That it is cognizant of the conditions for the use of Program Income as prescribed by Title 24, Part 570, Section 489(e) and (f) of the Code of Federal Regulations.
2. That it realizes Program Income is governed by Title I of the Housing and Community Development Act of 1974.
3.That it may use Program Income only for the following activities:
a. The activity that generated the program income if the activity continues to meet the requirements of Title I of the Housing and Community Development Act of 1974.
b. Any additional activity that meets the requirements of Title I of the Housing and Community Development Act if the Town receives DECD’s written approval to fund it with Program Income.
4.That it may use Program Income to fund Administrative and Program soft costs within the following limits:
Administrative Costs                                                           16%
Total Administrative and Program Soft Costs                     25%                                                                                 (Housing Rehabilitation Activities Only)
Total Administrative and Program Soft Costs                     21%                                                                                 (All Activities Except for Housing Rehabilitation)
5. That it is hereby amending the Program Income Plan(s) that was adopted for the original activity that generated the Program Income to permit the funding of additional activities from that Program Income.

COE MEMORIAL PARK – HORITCULTURAL & RELATED SVCS
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to accept the recommendation of the Coe Memorial Park Horticultural Selection Committee to extend the Still River Gardens contract with modifications to be negotiated by the Mayor and Still River Gardens in the amount of $61,825.00 for services for Coe Memorial Park as outlined in the Agreement of March 4, 2009, and tabled on December 7, 2009.

Mayor Bingham recapped the decisions made by the Coe Memorial Park Horticultural Selection Committee. A framework was borrowed from the State to appraise performance based on seven categories: knowledge of work, quality of work, quantity of work, ability to learn new duties, initiative, cooperation, and judgment. Mayor Bingham said the sentiment was that there is room for improvement on issues ranging from small to large.  The vague contract language will be addressed immediately, with more benchmarks and detail.  The subcommittee vote, he said, was approved with two dissenting votes. Councilor Carbone stated the evaluation form is very good, but could be fine tuned to include a table of costs.

COE MEMORIAL PARK – SUCCESSOR TRUSTEE
On a motion by Councilor Carbone, seconded by Councilor Soliani, the Council voted unanimously to accept the recommendation of the Adelaide Coe Godfrey Trust Selection Committee and authorize Corporation Counsel to petition the Probate Court to remove the Bank of America as trustee and to name the Torrington Savings Bank as successor trustee to the Trust.
Councilor Carbone expressed their gratitude to the subcommittee for their hard work.
MUNICIPAL RENOVATIONS
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted
unanimously to approve the following payments from the Municipal Renovations Fund #0316:  
Vendor
Invoice #
Amount
Date
Friar Associates
270160029
28645.15
Prof svc thru 11/30/09
Special Testing Laboratories
24152
2432.00
Inspections
Special Testing Laboratories
24171
636.00
Inspections
O&G
#7-CTYHALL
1001622.97
services thru 11/30/09
PARKS & REC SOFTWARE
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to table acceptance of the Purchasing Agent's and Parks & Recreation Commission's recommendation to award a contract in the amount of $15,028.00 to Active Network for Recreation Management Software solution, due to a lack of complete information from the vendor.

SMALL CITIES PROJ #143-282
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to approve Small Cities Project #143-282, emergency boiler replacement, in the amount of $4,500.00, having received Small Cities Subcommittee approval.
Councilor Waldron explained this is a true emergency situation.


SMALL CITIES TITLE SEARCH
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize payment from Small Cities Fund #250 in the amount of $75.00 to the City of Torrington for a Title Search performed.

SCHEDULE PUBLIC HEARING – Fee Increases
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to accept the recommendation of the Ordinance sub-committee and schedule a public hearing on January 4, 2010 to consider adopting the recent statutory fee increases.

SCHEDULE PUBLIC HEARING – Revise Inland Wetlands Ordinance
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to accept the recommendation of the Ordinance sub-committee and schedule a public hearing on January 4, 2010 to consider revising the Inland Wetlands ordinance chapter 33-3a, membership.

CLEAN WATER FUND PROJECT CWF-611-C
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council acting herein as Water pollution Control Authority voted unanimously to approve the following payments from Fund #490 Sanitary Sewer Capital Improvements for Clean Water Fund Project CWF-611-C:
Date
Contractor
Amount
Invoice #
Type
8/27/2009
Wright Pierce
$  3,772.65
65669
Const.Adm.Svc July 2009
9/14/2009
Wright Pierce
$  3,783.71
66067
Const.Adm.Svc August 2009
10/26/2009
Wright Pierce
$ 1,418.81
66813
Const.Adm.Svc Sept 2009
11/13/2009
Wright Pierce
$ 19,072.89
67169
Const.Adm.Svc October 2009
12/7/2009
C.H. Nickerson
$198,597.50
1
Constr.Svcs. October 2009
12/7/2009
C.H. Nickerson
$ 99,265.50
2
Constr.Svcs. October 2009
BUILDING DEPT. REPORT
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept the Building Department report for the month of November 2009.

OPEN TO THE PUBLIC, AGENDA ITEMS ONLY
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to open the meeting to the public on "agenda items" only.
Susan Holbrook said the Coe Memorial Park horticultural contract language is too vague, more monies should be spent on flowers--rather than labor, wholesale costs should be proven, and she liked the past practice of the City making the purchases for the Park with more accountability.

BUSINESS BY DEPT HEADS
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads.

BUSINESS BY MAYOR AND COUNCIL
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by the Mayor and City Council.  
The Councilors and the Mayor all expressed their wishes for a Merry Christmas and Happy New Year to all.

ADJOURNMENT
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 8:32 p.m.

ATTEST: JOSEPH L. QUARTIERO, CMC  
               CITY CLERK              

Respectfully Submitted,
Carol L. Anderson, CCTC
Asst. City Clerk