MINUTES
CITY COUNCIL & WPC AUTHORITY
February 22, 2011
A REGULAR MEETING of the City Council & WPC Authority was held in the City Hall Auditorium on Tuesday, February 22, 2011.
Those in attendance included Mayor Ryan Bingham, Corporation Counsel Ernestine Yuille Weaver, City Councilors Drake Waldron, Elinor Carbone, Paul Samele, Gerald Zordan, and Gregg Cogswell, Parks Superintendent Brett Simmons, Deputy Fire Chief Gary Brunoli, Building Official Brett Zuraitis, Administrative Assistant to the Mayor Stephen Nocera, Fleet Manager Emil Castro, Purchasing Agent Pennie Zucco, City Planner Martin Connor, City Treasurer Arthur Mattiello, Comptroller Alice Proulx, Emergency Management Director Rick Dalla Valle, City Assessor Donna Patchen, AFSME Local 1579 President David Kissko, Public Works Director Gerald Rollett, Superintendent of Streets Robert Lizotte, Parks and Recreation Commissioners Daniel Lovallo and Patricia Fairchild, Members of the Coe Memorial Park Advisory Committee Susan Holbrook, Mary Zbell,
and Frank Pennington and Personnel Director Thomas Gritt. Councilor Marie Soliani was absent.
Mayor Bingham called the PUBLIC HEARING to order at 6:30 pm to obtain public input on the proposed amendment to Chapter 144, Section 114-1 of the City’s Code of Ordinances.
City Clerk Joseph Quartiero read the legal notice.
City Planner Martin Connor read the following from his Memorandum dated February 2, 2011: …..The Planning and Zoning Commission, at their December 8, 2010, meeting, approved amendments to the Zoning and Subdivision Regulations to implement Low Impact Development practices. The amendments to the Regulations were recommended by the City’s Stakeholder Group working under the Low Impact Design Municipal Land Use Ordinance Evaluation Project which was funded through the Farmington River Enhancement Grants program administered by the Connecticut Department of Environmental
Protection. The Stakeholder’s Group identified changes to Torrington’s Zoning Regulations, Subdivision Regulations, Engineering’s Standards, Specifications, Rules and Regulations, and Ordinances to encourage low impact development practices. One of the recommended changes is to Torrington City Ordinance Chapter 144 Section 114-1 Schedule of fees for Zoning and Subdivision Applications.
He said the actual change is the addition of the following language:
…for direct costs of materials and services performed by professionals, other than City employees, including but not limited to specialized inspection, third party professional certifications, legal, stenographic and transcription services associated with an application, or require an applicant to provide certifications, inspections, and/or professional consultant reports at the applicant’s expense. The payment of additional costs shall not prohibit the City of Torrington from requiring performance or forfeiture bonds to ensure the successful completion of all work as may be prescribed in the respective land use regulations.
Mr. Connor said he is asking the Board of Councilmen to amend the ordinance so that when someone other than his staff is required to do a necessary inspection, they can be hired at applicant’s expense to make sure it gets done according to plan.
There was no one from the public who wished to speak.
Mayor Bingham closed the public hearing at 6:36 p.m.
AMEND ORDINANCE CHAPTER 144, SECTION 114-1
On a motion by Councilor Cogswell, seconded by Councilor Zordan, the Board of Councilmen voted unanimously to accept the proposed changes to Section 114-1.
Mayor Bingham called the REGULAR MEETING to order at 6:36 p.m.
MINUTES
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted unanimously to approve the minutes of the regular meeting held February 7, 2011.
OPEN TO THE PUBLIC
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to open the meeting to the public.
Susan Holbrook spoke on the proposed contract with Still River Gardens, expressing concern on accountability for expenditures, and said the schedule of walk-throughs is unreasonable and unflexible as no alternative dates have been offered. She suggested receipts be obtained for all expenditures. She said the estimated income for Coe Memorial Park for 2011 is approximately $123,000 and in keeping with the Mayor’s directive, they reduced their entire budget including all unsigned contracts by 7%, yet the Still River contract was increased by $3000 to $65,000. If allowed, this contract consumes over one-half the projected income, she said, and is disappointed her suggestions have been disregarded without discussion. She asked the Council table the contract and added that the Coe Memorial Park Advisory Committee will accept
City Council’s decision and will work with the Parks and Recreation Commission to make Coe Memorial Park the best that it can be.
RECESS
Councilor Zordan requested a recess for the Personnel Committee to discuss Public Works Grievance #10-08. Mayor Bingham called a recess at 6:41 pm, and called the meeting back to order at 6:49.
PUBLIC WORKS GRIEVANCE #10-08
On a motion by Councilor Carbone, seconded by Councilor Cogswell, the Council considered Public Works Grievance #10-08. Councilor Carbone explained this grievance was the result of a memo and written policy regarding employee call-outs for overtime and rest periods during emergency full-crew call-outs for ice and snow management events. She said the policy clearly defines the requirements, but the Street Dept. employees took exception to some of the language in the policy indicating this is a long-standing practice that they feel isn’t necessary to be reduced to written policy. Reviewing the written policy as it relates to the original contract, the Personnel Committee felt that it should be denied.
Councilor Zordan explained that the main part of the problem was the word ‘mandatory’. The employees indicated that when they were hired they were told they were ‘expected’ to work overtime and they objected to the word ‘mandatory’ because it subjects them to discipline. The employees were okay with the word ‘expected’ even though it still subjects them to discipline.
Councilor Cogswell said it seems there haven’t been problems in the past. It does come down to one word that they would like to see removed and he would recommend denial.
The Council voted 4/1 to deny Public Works Grievance #10-08 with Councilor Zordan opposed.
STILL RIVER GARDENS CONTRACT
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council considered acceptance of the recommendation of the Parks & Recreation Supervisor, and the Purchasing Agent to extend the updated contract with Still River Gardens LLC for Horticultural Services for the Coe Memorial Park Gardens for the 2011 season in the amount of $65,000.
Councilor Carbone noted that this is a detailed contract with clearly defined expectations and asked what the concerns were regarding the Horticultural Review Committee being present for the April and August inspections.
Ms. Holbrook said there was no alternate date for the walk-throughs, and asked if a person isn’t present, does that preclude her from voting? Mayor Bingham replied in this contract, yes, and added that was one of the glaring issues coming out of the last review process – how are you able to vote on something you weren’t there for? He said it is critically important to identifying what you’d like to see moving forward, as well as what comments you have on the previous season.
Ms. Holbrook asked the committee be given alternate dates, something they could work with.
Councilor Carbone asked if they could agree that a solo review could be done while still fulfilling their obligation of a review and not precluding them from the vote.
Mayor Bingham said the dates are not specifically identified and the purpose of a joint walk-through is to hear comments from other committee members.
Councilor Carbone asked for clarification on paragraph 7b and the meaning of the word ‘season’.
Lori Stickney of Still River Gardens LLC said she wants as many people on the walk-through as possible, and would be flexible with dates.
Mr. Simmons said the contract was set up to have the pre-planting plans submitted and distributed to the rest of group a week before the actual walk-throughs. He noted that there was no increase in the contract amount from last year to this year, at $65,000, and receipts were provided for all purchases last year.
Atty. Weaver proposed the following changes to the contract’s language:
1) Strike the word ‘season’ in paragraph 7b and replace it with the word ‘year’
2) In section 3b after the fourth bullet, add “If the committee member cannot attend the April or August walk-through presentation, an alternate date will be scheduled within the month of the walk-through.”
Council Waldron amended his motion to include these two changes. Councilor Cogswell seconded, and the amended motion to extend the updated contract with Still River Gardens LLC for Horticultural Services for the Coe Memorial Park Gardens for the 2011 season in the amount of $65,000 was unanimously approved.
TAX COLLECTOR RFQ
Mayor Bingham said there were two respondents, R. Thomas Crovo, LLC and Torrington Tax Collector T.P. Malnoti, LLC. He said a staff committee made up of the Tax Assessor, City Treasurer, Comptroller, Public Works Director, WPCA Administrator, the Mayor and his Assistant reviewed the two proposals and interviewed both respondents. He said the ultimate unanimous recommendation from the committee was to enter into contract negotiation with R. Thomas Crovo, LLC. Mayor Bingham said there will be a joint meeting with the Board of Finance to authorize him to enter into negotiations. He said the most important piece is the contract, as the last one did not have a lot of details. He added that Mr. Crovo’s bid was half that of Mr. Malnoti and there weren’t a lot of details in Mr. Malnoti’s proposal regarding the hiring of
existing staff and the need for a certified tax collector.
SMALL CITIES
On a motion by Councilor Cogswell, seconded by Councilor Waldron, the Council voted unanimously to approve payment of $750.00 to National Community Development Assn. from Fund #250, Small Cities Rehab. Grant, Invoice #WLPM-11-112.
CITY-WIDE HOUSING REHAB
On a motion by Councilor Samele, seconded by Councilor Waldron, the Council voted unanimously to approve payment of $4,500.00 to L. Wagner & Assocs. from Fund #251, City-Wide Housing Rehab.
Grant Invoice #10-SC-01.
MUNICIPAL RENOVATIONS
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to approve the following payments from Fund #316, Municipal Renovations:
$ 917.50 to Horizon Engineering, Invoice #19a, for Prof. Svcs. 1/1/2011 to 1/28/2011
$100,802.04 to O & G for Invoice #18-CTYHALL, for services through 12/31/2010
$ 3,465.00 to VanZelm Invoice #34994 for Prof. Svcs. 11/28/2011 to 1/1/2011
$ 2,519.88 to VanZelm Invoice #35094 for Prof. Svcs. 1/2/2011 to 1/29/2011
ADD SECTION B
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted unanimously to add Section B to the agenda.
PLOW TRUCK
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted unanimously to accept the Vehicle Replacement Advisory Board’s recommendation to move forward to obtain bids for one 10-Wheeler Plow Truck (6 x 4) for the Street Department. Mr. Castro explained this truck was identified to be replaced in 2012, and its purchase is being moved ahead in order to streamline the Vehicle Replacement Plan to have equal funding throughout the years and to help transport the excavator without having to contract that work out.
Mayor Bingham said the Vehicle Replacement Advisory Board met and identified this as a priority in particular because of its weight and higher capacity for materials. Mr. Castro added it takes eight months to a year to get the vehicle ready.
Mr. Rollett said this vehicle has been needed for many years, is larger and more efficient, able to pull a lot more materials during salting operations, can pull the trailer, and that we’re in dire need of this type of vehicle.
OPEN TO THE PUBLIC, AGENDA ITEMS ONLY
On a motion by Councilor Cogswell, seconded by Councilor Zordan, the Council voted unanimously to open the meeting to the public on "agenda items" only.
Regarding Public Works Grievance #10-08, David Kissko, President of Local 1579, said he intended to extend an invitation to Council members to join Public Works employees in their trucks. He said what he saw tonight disturbed him, he did not realize Mr. Gritt and Mr. Rollett were part of the Personnel Committee when they recessed to discuss Public Works employees’ grievance. He said he didn’t think it was right that they were involved in the Personnel Committee’s decision during the recess as they had ample opportunity to voice their opinion during the third step meeting that the Union attended. At this time, he said, he will investigate this with the authorities to see if this is in compliance with the grievance process that is in place. Mr. Kissko said their first step is with their supervisor, their second
step is with the personnel director, and their third step is with the Personnel Committee. He said they mimic a trial and he has never seen defense go in with the jury to discuss a decision.
Regarding Still River Gardens’ Contract, Ms. Holbrook added that one of their significant recommendations was the contract end date. She said she thinks it important to consider returning the end date to the December year end date, to keep in line with wholesalers’ and suppliers’ availability of materials.
Mayor Bingham said he disagreed about the importance of a contract end date, and that it’s more the timing of the review process and whether a new contract or new vendor is recommended in short order. He said the walk-throughs are critical so members are up to date and ready to make a decision to allow time to replace the contractor if necessary.
Ms. Holbrook continued, saying Still River LLC is in its third year of performance at the park. The labor should not be as intensive, she said, allowing more to be spent on perennials at the park to make a lasting impression.
BUSINESS BY DEPT HEADS
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to consider business presented by Department Heads.
Mr. Dalla Valle said the City is one step closer to realizing some money from a FEMA grant, and reported on a fire on North Elm Street where the American Red Cross took care of four displaced people with housing and debit cards for food and clothing.
BUSINESS BY MAYOR AND COUNCIL
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.
Councilor Cogswell thanked Atty. Muschell for his gesture on behalf of the City.
Mayor Bingham reported that the Health and Benefits packages went out for bid. Five proposals were received, but some with omissions and one late. He said they will re-bid them, to smooth out any issues and give them all a fair shake. He asked if the Council had any objection to this and no one spoke.
EXECUTIVE SESSION
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to enter executive session under pending litigation at 7:30 pm.
OPEN SESSION
On a motion by Councilor Soliani, seconded by Councilor Cogswell, the Council voted unanimously to enter open session at 7:40 pm.
ADJOURNMENT
On a motion by Councilor Soliani, seconded by Councilor Cogswell, the Council voted unanimously to adjourn at 7:40 pm.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Respectfully Submitted,
Carol L. Anderson, CCTC
Asst. City Clerk
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