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Minutes 02/22/2010 Approved

MINUTES
CITY COUNCIL & WPC AUTHORITY
FEBRUARY 22, 2010                                                                                                        
Adjourned from February 16, 2010
A   REGULAR  MEETING of the City Council & WPC Authority was held in the Senior Center Main Room on Monday, February 22, 2010.
Those in attendance included Mayor Ryan J. Bingham, Corporation Counsel Ernestine Yuille Weaver, City Councilors Elinor Carbone, Thomas Jerram, Marie Soliani, Drake Waldron and Paul F. Samele, Jr., Police Chief Michael Maniago, Deputy Fire Chief Gary Brunoli, Fleet Manager Emil Castro, Purchasing Agent Pennie Zucco, Economic Development Director Rose Ponte, Building Official Brett Zuraitis, Supt. Of Parks & Recreation Brett Simmons, WPCA Administrator Ray Drew, and members of the Torrington Development Corporation Atty. Victor Muschell, Bill Baxter and Atty. Peter Herbst.   City Councilor Rick Dalla Valle was absent.
Mayor Bingham called the meeting to order at 6:30 p.m.

MINUTES #44
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously  to accept the minutes of the Regular Meeting held January 19, 2010.
 MINUTES #50
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously  to accept the minutes of the Special Meeting held January 28, 2010. Councilor Jerram abstained.
MINUTES #59
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously  to accept the minutes of the Special Meeting held February 8, 2010.  Councilors Waldron and Samele abstained.
PRESENTATION: KEY TO THE CITY
Mayor Bingham presented a Declaration to Torrington Warrior Cheerleaders13 and Under Squad, in recognition of achieving the title of 2009 AYC National Champions.      
OPEN TO THE PUBLIC #97
On a motion by Councilor Jerram, seconded by Councilor Waldron the Council voted unanimously to open the meeting to the public. There was no one who wished to speak.

REAPPOINT N.SIELLER & J. RYAN – ECON. DEVEL. COMM. #105
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to reappoint Nancy Sieller and JoAnn Ryan to the Economic Development Commission for five year terms expiring February 9, 2015.

APPOINT H. KOSMULSKI TO BRD. ASSESSMENT APPEALS #113
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to appoint Heather Kosmulski to the Board of Assessment Appeals for a 3 year term expiring December 6, 2012, replacing Jim Reginatto who resigned on 1/27/10.

WAIVE PERMIT FEES DRAKEVILLE VFD #137
On a motion by CouncilorJerram, seconded by Councilor Waldron, the Council voted unanimously to waive city building permit fees for Drakeville Volunteer Fire Department's Building Addition being built to house a new tanker truck purchased by City of Torrington.

FUND TORRINGTON DEVELOPMENT CORP. #149
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to authorize final payment of $50,000 to Torrington Development Corporation on Purchase Order #05-6440, as described in Bill Baxter's letter of 2/1/10.
Atty. Muschell explained the TDC is asking City Council to disperse the remainder of the $150,000 allocation approved in 2005.
Councilor Samele arrived at 7:00 p.m.

PURCHASE FIRE DEPT SUV #702
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize the purchase a 2010 Ford Explorer for the Fire Dept. from MHQ Vehicles of Marlborough, MA, in the amount of $23,801.00, as approved by the Board of Public Safety and according to the Purchasing Agent's and Fleet Manager's recommendation.
CLEANING SERVICE CONTRACT #725
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to  
accept the Purchasing Agent's recommendation to extend the Street Dept., Recreation Hall & Armory  Cleaning Service Contract with Preferred Building Maintenance LLC of New Milford for FY 10/11 at the same prices and terms as the current contract.

CHARLES ST. RELIEF SEWER PROJECT #734
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council acting as Water Pollution Control Authority voted unanimously to authorize payment of Requisition #5 in the amount of $17,815.48 to Hemlock Construction for Charles Street Relief Sewer project from Sanitary Sewer Capital Improvement Fund Acct. #490.

MRC & SMALL CITIES INVOICES #740
On a motion by Councilor Soliani, seconded by Councilor Samele, the Council voted unanimously to authorize payment of the following invoices:
            MRC Fund #316
Vendor
Invoice #
Amount
Description
O&G
#8-CTYHALL
891817.43
services thru 12/31/09
Santa Energy
174169
4612.23
Natural Gas Supplier
Staples Contract & Comm.
100032212
69.72
labels
Torrington Business Park
20110
9461.73
February Rent
O&G
#9-CTYHALL
609702.82
services thru 1/31/10
  Small Cities Fund #250
City of Torrington
HRLR-158
75.00
Title Search
L. Wagner & Assocs.
HRLR-159
4192.50
Services thru 12/31/09
Small Cities Fund #288
Willow Gardens
L. Wagner & Assocs.
07-SC-44 #20
8550.00
Services thru 12/31/09
Mastrobattisto, Inc.
07-SC-45 #21
47541.44
Application #6
Preiss Breismeister PC
07-SC-46
600.00
Roof Replacement
City Hall ADA Fund #317
L. Wagner & Assocs.
08-SC-07
8100.00
Services thru 12/31/09
BUILDING DEPT. REPORT #749
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 January 2010.

ADD TO AGENDA #756
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to add Section B to the agenda.

PARKS & REC SOFTWARE #763
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to waive the bid process and accept the Purchasing Agent's and Parks & Recreation Commission's recommendation to award a contract to Active Network for Recreation Management Software solution, tabled on December 21, 2009, reducing the amount from $15,028.00 to $13,337.00, and eliminating the financial integration component of the software at this time.  Supt. Simmons clarified that this web-based system will not link directly with the City's, but the Comptroller has determined that the reports generated by Active Networkwill be more than adequate for financial auditing.

FIREWORKS 2010 #831
        (TABLED TO MARCH 1, 2010)
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council considered the Purchasing Agent's recommendation to award a contract to Pyro Engineering, Inc. d/b/a Bay Fireworks for Torrington's 2010 Fireworks Display in the amount of $14,000.00.  Councilor Soliani questioned the need to make this decision now. Mayor Bingham outlined the plans to solicit donations. Councilor Waldron asked for a comparison of last year's costs & donations received and those projected for this year. Councilor Jerram made a motion to table, seconded by Councilor Soliani and unanimously accepted.

CLIFFSIDE PUMP STATION #982
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council, acting as Water Pollution Control Authority, voted unanimously to waive the bid process and award the Cliffside Pump Station, Duplex Pump System to Fleet Pump & Services Group at a cost of $14,782.00 per quote #10-02-060-SA. Funding would be allocated from Fund #0031-WPCA Capital Reserve.

CLEAN WATER FUND PROJECT #992
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to approve the following payments from Fund #490 Sanitary Sewer Capital Improvement for Clean Water Fund Project CWF-611-C Torrington Regional FOB Receiving Facility.
Date
Contractor
Amount
Invoice #
Type
12/18/09
Wright Pierce
$7,286.76
67865
Construction Admin Svcs Nov 09
1/7/10
Wright Pierce
$2,724.21
68205
Construction Admin Svcs Dec 09
2/8/10
Day Pitney
$5,000.00
33583230
Bond Counsel Svcs CWF 611 C
BLIGHT LIEN, 117 WATER ST. #1007
       (TABLED TO MARCH 1, 2010)
On a motion by Councilor Soliani, seconded by Councilor Carbone, the Council considered the release of a
blight lien and forgiving the subsequent fines for 117 Water St. (Old Firehouse) as the property was removed from the blight list.                                            
At 7:18 p.m. Councilor Jerram left the meeting.
Building owner JR Laliberte said he didn't realize he still had a blight issue on this building after four years, and that the blight has been corrected. Mayor Bingham read an exerpt from the Sept 7, 2004 Council minutes which say if people do what is necessary to put the property in good working order, that we would not fine them, but it is incumbent upon the person to finish the job. Mayor Bingham added that its not conclusive that blight fines would be completely wiped off but at the same time the expressed intent was not to accumulate these large fines. He said 117 Water St. fines total $675,675.00, and that the Blight Committee has recommended Mr. Laliberte produce some accounting of the money he's invested so far.  Councilor Soliani said she would like to know who the tenant is, when the building is complete and when it will be occupied. Mr. Laliberte presented his plans and said the blight lien will prevent him from obtaining needed financing. Mrs. Ponte said Mr.Laliberte seems genuine in his efforts to complete this project Charlotte Rossi, Mr. Laliberte's business partner, attested to the amount of money invested into the building, and how he kept labor forces working through a bad economy by putting them to work on this building. Mayor Bingham said he doesn't want to send the wrong message regarding blight, nor does he want to pillage property owners of money they don't already have, and recommended meeting with Mr. Laliberte & Atty. Weaver during the week. Councilor Carbone made a motion to table this. Councilor Waldron seconded, and the motion to table was unanimously accepted.
EXECUTIVE SESSION: PENDING LITIGATION #2655
On a motion by Councilor Carbone, seconded by Councilor Samele, the Council voted unanimously to enter Executive Session regarding pending litigation at 7:48 p.m.
OPEN SESSION #2671
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to come out of Executive Session at 7:58 p.m.
OPEN TO THE PUBLIC, AGENDA ITEMS ONLY #2685
On a motion by Councilor Carbone, seconded by Councilor Samele, 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 #2702
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Department Heads.
Deputy Chief Brunoli reported that Fire Chief Field is recovering from his illness.

BUSINESS BY MAYOR AND COUNCIL #2732
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.
Councilor Waldron pointed out that Budget meetings will be starting soon. Mayor Bingham added that Department Heads will no longer be required to attend these meetings unless Council members specifically request their presence.

ADJOURNMENT #2839
On a motion by Councilor Samele, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 8:01 p.m.
                                                                                                                                                                                                                                                                                                                                      
ATTEST: JOSEPH L. QUARTIERO, CMC                                                                           
                CITY CLERK    

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