MINUTES
CITY COUNCIL AND WPC AUTHORITY
JULY 5, 2011
A REGULAR MEETING of the City Council & WPC Authority was held in the City Hall Auditorium on Tuesday, July 5, 2011.
Present were Mayor Ryan Bingham, Corporation Council Ernestine Yuille Weaver, City Councilors Marie Soliani, Paul Samele, Elinor Carbone, Drake Waldron and Gerald Zordan. Also present were Emergency Management Director Rick Dalla Valle, Purchasing Agent Pennie Zucco, Coe Memorial Park Advisory Committee members Susan Coe Holbrook, Marc Trivella, Frank Pennington, and Mary Zbell, Parks and Recreation Commission members Patricia Fairchild and Gerard Carbone, Parks and Recreation Superintendent Brett Simmons, and City Clerk Joseph Quartiero. City Councilor Gregg Cogswell was absent.
Mayor Bingham called the meeting to order at 6:32 p.m.
MINUTES
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to accept the minutes of the Public Hearing, Regular Meeting adjourned from June 6, 2011, and the Special Meeting held jointly with the Board of Finance regarding the Tax Collector held on June 9, 2011. Councilors Samele and Zordan abstained.
MINUTES
On a motion by Councilor Samele, seconded by Councilor Waldron, the Council voted unanimously to accept the minutes of the Public Hearings and Regular Meeting held June 20, 2011. Councilor Soliani abstained.
OPEN TO THE PUBLIC
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to open the meeting to the public. Mr. Trivella noted that in February the Governance Document was tabled by the Coe Memorial Park Advisory Committee. He withheld further comment until the agenda item would be discussed. There was no one else who wished to speak.
ORDINANCE CHANGE: FARM BUILDINGS TAX EXEMPTION
On a motion by Councilor Soliani, seconded by Councilor Carbone, the Council voted unanimously to adopt property tax exemptions for buildings used exclusively in farming, granting those farmers who are able to prove gross sales of, or farming related expenses of, $15,000 or more, an exemption of not more than $50,000 of the assessed value for buildings used exclusively for farming, tabled from June 20, 2011. Councilor Zordan abstained.
The ordinance reads as follows:
PROPERTY TAX EXEMPTION FOR BUILDINGS
USED EXCLUSIVELY IN FARMING
Be It Ordained By The Board of Councilmen of the City of Torrington that, an Ordinance Providing Property Tax Exemptions For Buildings Used Exclusively In Farming, of the Torrington Code is hereby stated:
Section 1. Purpose
To provide a property tax exemption for certain buildings used actually and exclusively in farming under the provisions of
Connecticut General Statues, Section 12-91 (c) to the extent of an assessed value of not more than fifty thousand dollars
($50,000) per building.
Section 2. Effective Date
The effective date of this Ordinance shall be the Grand List of October 1, 2011.
Section 3. Qualifications
Buildings qualified for an exemption under this Ordinance are:
a. Any building used actually and exclusively in farming, as defined in Connecticut General Statutes, Section 1-1, or
b. Such exemption shall not apply to the residence of such farmer.
Section 4. Requirements/Provisions
The following requirements and provisions shall apply:
a. In order to qualify for a property tax exemption, such farmer must apply annually within thirty days after the assessment
date to the assessor on the forms prescribed by the Commissioner of Agriculture and include therewith a notarized
affidavit certifying that such farmer derived at least fifteen thousand dollars in gross sales from such farming operation,
or incurred at least fifteen thousand dollars ($15,000) in expenses related to such farming operation, with respect to the most recently completed taxable year of such farmer prior to the commencement of the assessment year for which such application is made. In addition the Assessor may require a copy of the applicant's Schedule F.
b. Failure to file such application in said manner and form within the time limit prescribed shall be considered a waiver of the right to such exemption for the assessment year.
DRAFT GOVERNANCE DOCUMENT - THE COE MEMORIAL PARK COMMITTEE
Mayor Bingham explained the existence of this committee needed to be formalized and this draft is being presented to give the Council an opportunity to weigh in.
Councilor Soliani asked to hear from both sides, and added that she hopes a better defined document will help.
Mrs. Fairchild said that, as directed by the Mayor, the Parks and Recreation Commission put forth this governance document intended to be a guideline for the Coe Memorial Park Committee to follow. They forwarded it to Atty. Weaver, while the Coe Memorial Park Committee did the same, she said. Atty. Weaver consolidated the two documents into one, and the Parks and Recreation Commission approved what Atty. Weaver presented.
Atty. Weaver described her meeting with the Coe Memorial Park Committee and how their concerns were to keep the mission statement as written and to always have a Coe descendent on the Committee. The two phrases removed from the mission statement referred to their desire to have a Botanical Park, and for the Park to be used for passive recreation. She said the Parks and Recreation Commission objected to those phrases since they weren’t defined within the document.
Mrs. Zbell noted the Mayor’s directive to them was to come up with something similar to the Arts and Culture Commission’s, and that he had even suggested Arts and Culture members be contacted. She said their objection lies with the word “governance” as it was not used in other commission’s documents. She asked where appeals and negotiations are included, who has the final word on matters, and who listens to whom.
Mayor Bingham clarified that he had asked them to use the Arts and Culture Commission as a framework because their governance documents are successful. He said he wants a flow of information created, going in the right direction that ultimately ends up in the fiduciary’s hands which is the City Council.
Mrs. Zbell said approval of the document was tabled by their committee because of the word “governance” and that she doesn’t believe it was on the document originally. Mayor Bingham said the Council wouldn’t care about the word, as long as a basic framework is there. He said he’d like to see ideas start with the Coe Memorial Park Committee, and their recommendations made to the Parks and Recreation Commission. He said Council should only get involved in matters regarding Probate Court, not the day-to-day purchases of the Parks and Recreation Commission as they have been given a budget.
Mayor Bingham further noted that Coe Memorial Park Committee members are all dedicated to that Park and they should be able to create ideas, research them and use their passion in a positive way. He wants to have a process and move forward. He said written, documented motions and minutes have helped.
Ms. Holbrook said they diligently worked for four hours coming up with By-laws fashioned exactly after the Arts and Culture Commission and the original Fuessenich Park Committee. However, this revised document reinforces an advisory status, she said, while recommendations aren’t followed through, information isn’t received and communications don’t come back to them in the same fashion. She said they were originally established to have more input and for example, have created a budget that was more fiscally responsible, but was ignored. Ms. Holbrook said there is no appeals process as they can make all the recommendations they want and nothing can happen.
Mrs. Fairchild said the Parks and Recreation Commission goes through each motion made by the Coe Memorial Park Committee. When it is favorable, or no action is needed, they put ‘so noted’ on it. Any other item presented is discussed at our meetings, she said. She added they are not total experts, and they rely on the person hired by the City, Superintendent Brett Simmons. Mrs. Fairchild said the Parks and Recreation Commission’s recommendations come from the advice of, and discussions with, Brett Simmons.
Mrs. Fairchild noted the difference is that the Arts and Culture Commission doesn’t report to another commission, while the Coe Park “Subcommittee” is a committee underneath the Parks and Recreation Commission. She said that language could be where the confusion lies.
Councilor Carbone asked what the difference is between “Coe Park Subcommittee” and the Fuessenich Park Partnership Commission as both work for the good of their Park. Mayor Bingham said FPPC acts as a fundraising arm and guardian. Mrs. Fairchild said the operations of Fuessenich Park still fall under the Parks and Recreation Commission. Mayor Bingham said the difference between the two committees is that the Coe Memorial Park Committee wants to be very heavily involved in the day to day operations of the park to the best of their ability. Councilor Carbone said the Fuessenich Park Partnership Commission does have an autonomous status, raising money and deciding what it will be spent on. Mrs. Fairchild added that they will be in consultation with the Parks and Recreation Commission at that point.
Councilor Carbone said her concern is that there should be clearly defined roles and responsibilities, and is not sure that this draft governance document is there yet. She said part of the problem is having a common vision of what that Park is. Mrs. Fairchild said the deed states that Coe Memorial Park be used as a public park, and doesn't mention botanical gardens. She said the Parks and Recreation Commission wants it to be above and beyond a normal public park, but cannot keep fighting over flowers and past gardeners. She disagreed that recommendations from the Coe Memorial Park Committee are vetoed, and said everything has a response coming with the knowledge and recommendation of the Superintendent. Councilor Carbone noted that along with the deed, the trust instrument must also be followed in guiding the use of the
park, and we need to be on the same page. She said if everybody agrees in writing, they can eliminate some of that strife.
Mr. Trivella noted that Coe Memorial Park is not Fuessenich Park, and wouldn't allow things that a ball field would allow. In respect of downtown revitalization, and being the City's crown jewel, he said, Coe Memorial Park has every ability to be a major draw and centerpiece. Mr. Trivella said if it is not made special or unique we are defeating our purpose. He said the governance document is stifling and limited in vision, and recommended that thought be given to the next 50 years, and avoid getting mired down in wording that needs to be agreed on to keep the Park the most important thing this town is centered around. He said future Committee members need to have the encouragement, support and endorsement of the City to keep this a priority.
Councilor Soliani asked how Mr. Trivella would change the document. He said he envisioned something more autonomous, with the responsibility from, and endorsement of, City Council or Parks and Recreation. He said they would then report to some governing body that was able to carry through, criticize or critique whatever thoughts they had. He envisioned a document that would elevate importance of the committee and attract members who wanted to be part of it and bring it to another level.
Councilor Soliani said there are a great number of people who would agree with Mr. Trivella's vision of that Park, but we still need to move forward in a positive way. Mr. Trivella said it's not about the bulbs but about what the Park needs to become for our City. Mayor Bingham said he has not seen any large vision come from this committee, and the majority of what he's seen is commenting, nit-picking, and reflecting on the past. 90% is a lot of negative thoughts, he said. Mr. Trivella asked why it isn't going to change and who's going to give them the authority to change. Mayor Bingham said no matter who's above the committee, whether it's Parks & Recreation or City Council, no one will deny them the opportunity to raise additional funds for projects or create larger vision and plan.
Mrs. Fairchild added that the Parks and Recreation Commission's vision for the Coe Memorial Park Committee ideally would be "Friends of the Park", working to fundraise to draw positive attention to Coe Park either through walks through the park, garden tours, plant sales, positive unique ideas that focus on that great gem that we have in the middle of the City. She said she doesn't want to keep nit-picking. Mr. Trivella agreed.
Councilor Zordan asked the two groups to talk together and work this out.
Mrs. Fairchild said she would welcome any recommendation that is positive. Mayor Bingham suggested they delineate between obvious maintenance, day to day operations, and decisions on the future vision of the Park. Councilor Carbone said their role should be the development of policies and recommendations, taking the micro-management out. She said if it's clearly defined and everybody is in agreement as to their roles, and what the goals are, then it's easy to go back to this document and see what the guidelines are.
Ms. Holbrook objected to the Advisory status and wants the document to say they work 'with' and not 'under' the Parks and Recreation Commission. She said her personal goal is to watch the intent and the money as her family legacy is to ensure that the Park is there forever and has enough money to sustain it. Mayor Bingham said this is clearly outlined in the document and sees no opposition to that. He cautioned against getting caught up in too much verbiage, and even the Commission works 'under' City Council, and asked that they come back with positive suggestions.
Mayor Bingham said he'd set up another meeting.
CLEANING OF ST. DEPT & ARMORY
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted to accept the recommendation of the Purchasing Agent and award the Cleaning of Street Department, Torrington Armory and Recreation Hall Facilities bid to KeeClean Management, Inc. for FY2011/2012.
SMALL CITIES – MAIDEN LANE PROJECT
On a motion by Councilor Soliani, seconded by Councilor Samele, the Council voted to approve a payment of $109.04 from Small Cities Fund #250 to Republican-American, Invoice #679049 for a Public Notice for the Program Income Amendment regarding the Maiden Lane Project.
MUNICIPAL RENOVATIONS
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted to approve the following payments from Fund #316, Municipal Renovations:
VENDOR INV# AMOUNT DESCRIPTION
Horizon Engineering 21 900.00 Prof Svc 4/30-6/3/11
O&G #21-CTYHALL 234,266.61 services thru 5/31/11
RJB Contracting 04382 7,760.00 front entrance blue stone
Soundworks & Security LLC 4288758 380.00 disable/enable smoke detectors
Soundworks & Security LLC 4288693 720.00 disable/enable smoke detectors
Soundworks & Security LLC 4288745 360.00 disable/enable smoke detectors
Soundworks & Security LLC 4288661 1,620.00 disable/enable smoke detectors
BUILDING DEPARTMENT REPORT
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to accept the Building Department Reports for May and June, 2011.
OPEN TO PUBLIC ON AGENDA ITEMS ONLY
On a motion by Councilor Soliani, 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 FROM DEPARTMENT HEADS
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to consider business presented by Department Heads.
Mayor Bingham asked Purchasing Agent Pennie Zucco to come forward. He explained the Police Interceptors were approved for certain price that included a $1300 credit which is no longer available.
ADD TO AGENDA
On a motion by Councilor Carbone, seconded by Councilor Soliani, the Council voted unanimously to add to the agenda.
POLICE INTERCEPTOR PRICE INCREASE
On a motion by Councilor Zordan, seconded by Councilor Samele, the Council voted unanimously to approve an additional $1300 payment towards the total purchase of the Police Interceptors.
No other business was presented from Department Heads.
BUSINESS FROM MAYOR AND COUNCIL
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 Samele said it was nice to see another successful Thursday night downtown.
Councilor Soliani said she'd like to see Torrington get fireworks back for the Fourth of July. She asked for an official list of all the farms that benefitted from the newly passed Ordinance.
Mayor Bingham said there was recent interest in fireworks and offered to put the interested parties in touch with Councilor Soliani. With time, energy and commitment to raising the money, there's no reason why it can't work, he said.
Councilor Waldron agreed that fireworks should be brought back but feels it needs to be made more affordable for the City as there was too much overtime involved. He said he represented the Mayor at an Eagle Scout ceremony for Boy Scout Troop 23, and at the Bloodmobile with a proclamation from the Governor. He noted that Torrington has donated over 1000 pints of blood in the last six months, yielding 3500 units and benefitting many people.
Mayor Bingham said the Superintendent of Schools is resigning and the Board of Education is working to find an Interim Superintendent. He said Mr. Leone did a great job in the short time he was here, and we'll miss him dearly.
He said the majority of the $79,000 lacking in our budget will be compensated for by Fire Department Health Insurance concessions. He added that most other employees started HSAs on July 1st and they have been very positive about it.
ADJOURNMENT
On a motion by Councilor Waldron, seconded by Councilor Carbone and unanimously approved, the meeting was adjourned at 7:30 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Respectfully Submitted, Carol L. Anderson, CCTC
Asst. City Clerk
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