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Minutes 01/19/2010 Approved
MINUTES
CITY COUNCIL & WPC AUTHORITY
JANUARY 19, 2010
A   REGULAR  MEETING of the City Council & WPC Authority was held in the Senior Center Main Room Tuesday, January 19, 2010.
Those in attendance included Mayor Ryan J. Bingham, Corporation Counsel Ernestine Yuille Weaver, City Councilors Rick Dalla Valle, Paul F. Samele, Jr., Elinor Carbone, Thomas Jerram, Marie Soliani, and Drake Waldron, City Clerk Joseph Quartiero, Fleet Manager Emil Castro, Deputy Fire Chief Gary Brunoli, Superintendent of Streets Robert Lizotte, Purchasing Agent Pennie Zucco, City Assessor Donna Patchen, Personnel Manager Thomas Gritt, Atty. Victor Muschell, Police Chief Michael Maniago, Board of Public Safety Commissioner James Potter, Torrington Housing Authority Executive Director Claudia Sweeney and Atty. Samuel Slaiby.
Mayor Bingham called the meeting to order at 6:30 p.m.

MINUTES #27
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously
to accept the minutes of the Regular Meeting held January 4, 2010.

OPEN TO THE PUBLIC #34
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 one who wished to speak.

REMOVE AGENDA ITEM 3 #51
On a motion by Councilor Carbone, seconded by Councilor Jerram, the Council voted unanimously to remove item #3 from the agenda, as it is addressed in Section B.

ZONING BOARD OF APPEALS #59
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to re-appoint James Marinelli to the Zoning Board of Appeals for a five year term expiring 12/1/2014.

ZONING BOARD OF APPEALS #65
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to appoint Jenn Healy to Zoning Brd of Appeals replacing Cynthia Vasko whose 5-yr. term expires 12/1/2013.

FLOOD AND EROSION CONTROL BOARD #72
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to appoint the following to the Flood and Erosion Control Board for three year terms expiring February 1, 2013:
Regular Members:
Richard Calkins, Gregory Mele, Doris Murphy, Gregory Perosino, and Paul Summers.
Alternates:
James Bobinski, Donna Greco, and Christina Mele

ADA IMPROVEMENTS AND HOUSING REHABILITATION #80
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted unanimously authorize payment to the Register Citizen of $193.83 from fund #250 for Public Notice publication of Program Income Amendment for ADA Improvements and Housing Rehabilitation.

SMALL CITIES: FRIENDLY HANDS FOOD BANK #90
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize payment to CDW Govt. Inc. of $257.70 from fund #255 for Invoice #QXW3338 for PC Equipment purchased for Friendly Hands Food Bank.

PORTABLE TOILET RENTALS #97
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to accept the Purchasing Agent's recommendation to extend the bid contract for portable toilet rentals for the 2010 season to "A Royal Flush, Inc." of Bridgeport, CT, tabled on 1/4/2010. Councilor Dalla Valle said money will be saved by a monthly rental instead of a daily rate.

FIRE PUMPER & SUV #107
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to approve the initiation of bid process to purchase a Pumper and SUV for the Fire Department to replace existing vehicles, as approved by the Board of Public Safety on January 12, 2010 and the Vehicle Replacement Advisory Board on January 4, 2010, and as planned for in the Vehicle Replacement Plan. Commissioner Potter explained the Fire Dept. has contributed funds for this for ten years, the money is already there, and there shouldn't be an issue.

BUILDING DEPT. REPORT #139
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the Building Department report for the month of December 2009. Councilor Carbone said it's nice to see an increase.

HOUSING COOPERATION AGREEMENT #150
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to amend current 300 unit Federal Public Housing Cooperation Agreement with Torrington Housing Authority to include additional 130 units -- federalizing 130 current State Public Housing units.
Ms. Sweeney explained the State reduced its subsidy paid to tenants for their rents, new tenants will no longer be receiving subsidy and future subsidy for existing tenants is in jeopardy. The American Recovery & Reinvestment Act gives an opportunity for state public housing sites to apply to HUD to federalize sites with subsidy. There is an additional opportunity for capital fund grants to improve properties.
Currently, the cooperation agreement for both state and federal sites with City of Torrington is based on the formula of rent minus utilities times 5% to equal what is paid to the City in lieu of taxes. Under the federal cooperation agreement, that amount would be raised to 10% which benefits the City. Ms. Sweeney asked that the Mayor be authorized to sign this agreement at closing. Councilor Jerram asked if residents at the sites to be federalized will encounter the same issues as found at Torrington Towers. Ms Sweeney explained these sites have their own means of egress and aren't as congested as the Towers. Atty. Slaiby added that federal guidelines are more liberal than the State's for placing elderly and disabled. He said this is a complex issue but the most important aspect is that federalization gives an opportunity to subsidize rent for present tenants who might not have enough income to pay their rent come July 1st.
Councilor Soliani asked who determines which projects are done with stimulus money. Ms. Sweeney explained some of the strict guidelines from HUD for capital improvements.

PLOW TRUCK #598
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted 5/1 to accept the recommendation of the Fleet Manager and Purchasing Agent to purchase a Plow Truck from Marola Motors for $133,000 pending Board of Finance approval. Councilor Jerram was opposed.
Councilor Dalla Valle asked why the optional items are not included. Fleet Manager Castro explained those can be purchased later from Mr. Lizotte's vehicle repair budget.

MUNICIPAL RENOVATION #643
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted
unanimously to approve the following payments from the Municipal Renovations Fund #0316:  
VENDOR
INV#
AMOUNT
DESCRIPTION
CL&P
122809
692.00
Pole Work
Friar Associates
270160030
23566.25
Prof Svc thru 12/31/09
Horizon Engineering
9
1770.00
Prof Svc 11/28-12/31/09
Santa Energy
169892
3545.07
Natural Gas Supplier
Special Testing Laboratories
24200
360.00
Inspections
Torrington Business Park
10110
9461.73
January Rent
Torrington Water Co
121709
211.15
Water
Torrington Water Co
11210
404.00
Fire Protection
Turri Inc.
12145
2687.00
Heater
Yankee Gas
10510
5121.20
Natural Gas Service
DELAY REVALUATIONS #656
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council considered voting to enact, pursuant to Public Act 09-60, AN ACT CONCERNING A MUNICIPAL OPTION TO DELAY REVALUATIONS, not to effect a revaluation prior to the 2011 assessment year.
Mayor Bingham explained the City was required by statute to do a full physical revaluation and Total Valuation was awarded this bid. He said that due to timing issues, they produced a lot of the information late, missed deadlines, causing so many appeals that the City was unable to meet statutory obligations to hear them all. Mayor Bingham said an extension was received from OPM. Meanwhile, a Public Act was ordained that allows the City to essentially throw away $790,000 of work and do a new revaluation in 2011.  He added that in the last 5 or 6 months, OPM decided to do an additional study, which has not yet produced any findings.
Mayor Bingham said there is a lot of important information the Council needs in order to make this decision; the OPM study being one of them. The Assessor is supposed to produce a grand list by February 26.
Mayor Bingham concluded that we have a revaluation from March 2009 that is approved by the Office of Policy and Management but are not sure what the additional report is going to say. A decision has to be made, he said, whether or not to institute the revaluation that was done for this year, or to enact, under the Public Act, the opportunity to throw it away and start fresh in 2011.
Assessor Patchen stated the most important thing to know about revaluation is that the State of CT mandates it along with methodology, process and procedures.  Total Valuation met the state performance-based revaluation testing standards. Upon completion of the revaluation, the company completed a form stating they met certain ratio standards. That report was submitted to State Office of Policy & Management, and included every sale used in the municipality for their analysis. Assessor Patchen said there is no way information can be fabricated. That report was accepted by OPM. Assessor Patchen said she feels very comfortable that the numbers were in line, they met all the ratio standards and the methodologies for that testing, and are well within the 10% limits that are allowed to go either way. She said she thinks this revaluation should be implemented since the market drives this and the information can't be fabricated since the sales are what they are.
Assessor Patchen reported that the total number of appeals was 930, where 10% is the norm. Out of those 930, 438 received no change, 17 resulted in an increase, 379 in a decrease and 96 cases didn't show. There are five pending law suits. Assessor Patchen said she stands behind the numbers and is comfortable with them; it would be an injustice to the City to throw away $790,000. Mayor Bingham recommended a special meeting sometime this week. Councilor Dalla Valle summarized that the Council has to decide between adopting the completed revaluation or waiting until 2011 to redo it. He said he feels this is too much money to gamble with.
Councilor Dalla Valle made a motion to table this item, Councilor Jerram seconded, and the motion to table was unanimously approved.

At 7:18 p.m. Councilor Jerram left the meeting.
PUBLIC SAFETY DISPATCHERS AGREEMENT #1476   
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted 3/2 to accept the tentative agreement with Local 1579 AFSCME Council #4 Public Safety Dispatchers per letter from Atty. Victor Muschell dated 1/13/2010. Councilors Soliani and Samele were opposed.
Atty. Muschell pointed out this agreement is a continuation of the types of agreements obtained from all other City bargaining units, which provides for a zero increase for July 1, 2009, a 3 1/2 % increase July 1, 2010 and a 3% increase July 1, 2011. He said their insurance goes up 1% in 2010 and 2011, and the negotiating committee highly recommends this agreement to City Council.
Chief Maniago pointed out that these dispatchers are the first point of contact at the Police Department for Fire, Police, and Emergency Medical, a critical link in our process every time the phone rings, and vital to us in everything we do on a daily basis. Their work is high-stress, high-anxiety, he said, and very vital to what we do every day.

OPEN TO THE PUBLIC, AGENDA ITEMS ONLY #1902
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to open the meeting to the public on "agenda items" only.  There was no one who wished to speak.

BUSINESS BY DEPT HEADS #1914
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Department Heads. No business was presented.
ADD TO AGENDA #1937
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to add Section B to the agenda.

Section B
PURCHASE AUDIO EQUIPMENT #1950
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize expenditure of up to $8000 from contingency, to be repaid from LOCIP funds, to purchase new FTR 5.3 Reporter and Mixer from sole-source vendor BBI Technologies of Milford CT, for the new City Council Chambers, and to approve this as a Capital Improvement Project.
Councilor Dalla Valle asked that City Hall be wired for video while it is being worked on.

EXECUTIVE SESSION: PENDING LITIGATION #2029
On a motion by Councilor Carbone, seconded by Councilor Samele, the Council voted unanimously to enter Executive Session under pending litigation at 7:32 p.m.

OPEN SESSION #2039
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to come out of Executive Session at 7:58 p.m.
-----End Section B------

ADD TO AGENDA #2047
On a motion by Councilor Carbone, seconded by Councilor Soliani, the Council voted unanimously to add to the agenda.

SETTLEMENT AGREEMENT #2077
On a motion by Councilor Carbone, seconded by Councilor Soliani, the Council voted 4/1 to accept a settlement agreement for 494 Main St. authorizing the mayor to execute a quit claim deed in accordance with the terms of the agreement. Councilor Dalla Valle was opposed.

BUSINESS BY MAYOR AND COUNCIL #2088
On a motion by Councilor Soliani, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.
Councilor Soliani thanked Cynthia Vasko for all the years she served on the Zoning Board of Appeals.
She stated for the record that she intends to vote against any step increase or any raises to any municipal employee this year.

ADJOURNMENT #2128
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to adjourn at 8:00 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC  
               CITY CLERK              



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