MINUTES - SPECIAL JOINT MEETING
CITY COUNCIL AND WPC AUTHORITY AND THE BOARD OF FINANCE
JUNE 9, 2011
A SPECIAL JOINT MEETING of the City Council & WPC Authority and the Board of Finance was held in the City Hall Auditorium on Thursday, June 9, 2011.
Present were Mayor Ryan Bingham, Corporation Council Ernestine Yuille Weaver, City Councilors Gregg Cogswell, Elinor Carbone, Drake Waldron, and Marie Soliani. Also present were Board of Finance members Daniel Farley, Laurene Pesce, Thomas Scoville, and Wendy Traub.
City Councilors Paul Samele and Gerald Zordan and Board of Finance members Mark Bushka and Brian Paganini were absent.
Mayor Bingham called the meeting to order at 5:30 p.m.
TAX COLLECTOR
Mayor Bingham explained this meeting is to finalize contract negotiations, and he highlighted the positive aspects for both the taxpayers and the public in Torrington. He said the original contract contained only four items: 1) post a bond, which is currently $300,000, 2) the tax collector provides us 100% of taxes owed, 3) a letter of credit, which is currently 5 million, and 4) payment for those services, which had been .0025.
Mayor Bingham said that in the new contract those four things are included, but the letter of credit goes up 2% to 7% and the payment rate is cut in half to .00125.
He said he realized there needed to be more detail in the contract, to identify the tax collector’s role beyond those four items, and to identify to the taxpayers the responsibilities of the tax collector and the City.
Mayor Bingham read the following items as having been added to the contract:
1) Publication on the website of excess payments
2) A website with posted procedures and online payments via credit cards
3) Increased phone service for the public and hours that match City Hall’s
4) Annual customer service training for both staff and the tax collector
5) Ability to accept credit card payments at the office
6) Regular meetings to support better communication with the City
7) Pamphlets of his policies and processes on the website
8) Access to tax collector staff job descriptions and qualifications
9) Transition plan in case of death or incapacity
10) Protection of tax collection records at termination of contract
11) Insurance provisions including professional liability
12) Breach of contract provisions for failure to perform items outlined in the contract
13) Annual audit
14) Conduct all interaction with the public in a professional and courteous manner
Atty. Logan spoke on behalf of Mr. Crovo, saying this negotiated agreement is better, more extensive, detailed, and modern and has more fail safes for the City than prior agreements. He said he feels it is going to create a better system for the City, for the tax collectors office itself, and the interface with the public is going to be better.
Atty. Logan requested permission to address another issue, that of his client being arrested for domestic violence. He said the disputed facts between the two parties will work its way out in the court systems, and that Mr. Crovo will comply with whatever requirements are given him, leading to a resolution of his case. Of more concern, he said, was Mr. Crovo’s left-handed attempt at some humor during the booking process, for which Mr. Crovo wrote a letter of apology to the Police Department.
He said there was a concerted effort by the Mayor to ensure the language of this contract did provide a variety of mechanisms to ensure the public is treated correctly. He noted that tax collection is not always a friendly business. Atty. Logan said the contract provides for customer service training for both Mr. Crovo and his staff, and the City will see all the positive aspects of the last five years such as timely payments, solid financial security, and a customer service approach that will be unparalleled in the State.
Mayor Bingham said he had been asked what the liabilities would be should the Council vote against this contract tonight. Atty. Weaver said we are required by law to have a tax collector, and our ordinance also requires that we have a tax collector who is appointed for a term of four years. She explained that the City completed a bid process for a contractor to offer tax collection services. There were two bidders and Robert Crovo, Tax Collector, was selected to fulfill those services, with the Mayor having been jointly authorized by both City Council and the Board of Finance to
negotiate a contract with him. The selection piece, she said, is done. Atty. Weaver further explained that if we’re not going to award that contract, if we’re going to renege on that decision, we would be in violation of the bid process and expose our self to potential litigation. She said we would have the potential violation of our own Charter, and a violation of State Statute for not having a tax collector, along with the practical ramifications of not having a tax collector such as a delay in billing, the cessation of daily deposits and the crippling of the revenue stream. Atty. Weaver said that legally we would be in dire straits.
Mayor Bingham said he will create a back up plan should any contract violations occur.
Councilor Carbone thanked the Mayor and Atty. Weaver for all the helpful information. She asked to clarify the decision being made this evening which is approval of the detailed contract which was negotiated. Councilor Carbone said constituents have concerns about shortening the contract. Atty. Weaver explained it is a four year appointment
by Charter.
Mayor Bingham noted that there is a yearly audit, and other indications within the contract that need to be followed. Obviously we have to keep a close eye on performance, he said.
Councilor Soliani asked if there is something that would protect us should anything be violated or an issue come up
again. Mayor Bingham read the termination clause. Atty. Weaver said that if there was a breach of contract, then it would just terminate.
Councilor Carbone said she would like to see an ethics clause in the contract in the event of a conviction for a felony.
Atty. Logan said he thought it would be acceptable at this point to include a clause saying “in the event that the tax collector is convicted of a felony, that the appointing authority which is this joint board, would have the ability to terminate the contract”.
Mayor Bingham suggested the Boards include the felony language just described when they vote on the contract.
Mrs. Traub said the State Statutes could change at any time based on what happens in legislation. She asked what would happen in the meantime should an amendment need to be negotiated. She further asked if the successor Jonathan Crovo would have to come up with his own bond. Atty. Logan replied he would have to step into the shoes of that bond and have to comply with the agreement terms or he himself would be in breach of the agreement.
Councilor Cogswell asked for a timeline on some of the customer service items such as a website. Mr. Crovo said the hours and times are already changed, and his website will be piggybacked onto the City website. His staff is still training on credit card payments and he hopes to add eCheck services. He will be working on policies on bank executions, jeopardy collection and tax sales. He said he is busy, but should have most items up and running by August 15th. The phone line was a problem, he said, as the City hasn’t been able to give him the four lines yet. Councilor Cogswell said he appreciates how in-depth this contract is.
Mrs. Pesce suggested the phrase “agents and employees” be added into the contract language to include Mr. Crovo’s office staff. Atty. Logan said he’s happy to agree to that, but he feels that is already there. He said anything the staff might be involved in, in terms of discharge of functions, reflects on Mr. Crovo. If breaches occur because of staff members, those are his agents and employees, and those constitute breaches of the contract, he said. Atty. Logan said that if a staff member did something inappropriate, that would constitute a breach.
Mrs. Pesce noted the contract doesn’t indicate that the information about credit card payments is going to be on the bill itself. Mr. Crovo said he will see if his automated envelope stuffing machine can add that. Mayor Bingham suggested a press release.
Mayor Bingham offered one correction, that the appointment date be stated as March 9, 2011, not June 9, 2011.
Councilor Soliani asked who would look at the Tax Collector’s and his office’s performance, and how often. Mayor Bingham said there is an audit every year, and it would probably fall to his office to do a performance evaluation. He said in previous years there has been a joint meeting.
Mrs. Traub said the public has had some concerns and made some comments. She asked if the public should go to the Mayor’s office to deal with that. Mayor Bingham said that is correct.
Councilor Soliani noted that the Tax Collector office is its own entity, not answering to the Mayor or City Council. She would like to ensure the performance evaluation is done reasonably and timely. Mayor Bingham said any breach of contract allegations will be taken seriously.
APPOINT TAX COLLECTOR, BRD. OF COUNCILMEN
On a motion by Councilor Carbone, seconded by Councilor Cogswell, the Board of Councilmen voted unanimously by roll call vote to appoint Robert Thomas Crovo to the position of Tax Collector, obliging him to fulfill the contractual obligations of the Tax Collector Contract, including the added language “in the event that the tax collector is convicted of a felony, the appointing authority which is the City Council and Board of Finance jointly, would have the ability to terminate the contract” and correcting the appointment date from June 9, 2011 to March 9, 2011.
APPOINT TAX COLLECTOR, BRD. OF FINANCE
On a motion by Mrs. Traub, seconded by Mr. Scoville, the Board of Finance voted unanimously by roll call vote to appoint Robert Thomas Crovo to the position of Tax Collector, obliging him to fulfill the contractual obligations of the Tax Collector Contract, including the added language “in the event that the tax collector is convicted of a felony, the appointing authority which is the City Council and Board of Finance jointly, would have the ability to terminate the contract” and correcting the appointment date from June 9, 2011 to March 9, 2011.
Mr. Farley urged the Mayor to be prepared to face any potential breach of contract should we be forced to take action.
Mayor Bingham agreed that this is important, and said it will be a priority for him.
Mayor Bingham concurred that this was no easy decision. The predicament the City was put in was regrettable, and if it were to happen again, it might qualify as a breach of contract, and something that we would take seriously.
On a motion by Councilor Carbone, seconded by Councilor Cogswell, the meeting was adjourned with a unanimous vote at 6:31 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Respectfully Submitted, Carol L. Anderson, CCTC
Asst. City Clerk
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