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Minutes 08/03/2011
MINUTES                                                                                                     
CITY COUNCIL AND WPC AUTHORITY  
AUGUST 3, 2011  --   Adjourned from August 1, 2011                                                                                                         

A   REGULAR MEETING of the City Council & WPC Authority was held in the City Hall Auditorium on Wednesday, August 3, 2011, having been adjourned from August 1, 2011.

Present were Mayor Ryan Bingham, Corporation Council Ernestine Yuille Weaver, City Councilors Marie Soliani, Gregg Cogswell, Elinor Carbone, and Drake Waldron. Also present were Tom Kirk, Paul Nonnenmaker and Peter Egan from CRRA, Atty. Vic Muschell, Administrative Assistant to the Mayor Stephen Nocera, Purchasing Agent Pennie Zucco,   Deputy Fire Chief Gary Brunoli, WPC Administrator Ray Drew, Public Works Director Gerald Rollett and Personnel Director Thomas Gritt.  City Councilors Gerald Zordan and Paul Samele were absent.
 
Mayor Bingham called the meeting to order at 5:00 p.m.

MINUTES
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to accept the minutes of the Regular Meeting held July 5, 2011.  (Note: also previously approved on July 18, 2011)  Councilor Cogswell abstained.

OPEN TO THE PUBLIC
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to open the meeting to the public.   There was no one who wished to speak.
DISCUSSION:  TENT. AGREEMENT-Fire Local 1567, IAFF
Mayor Bingham explained the history behind this Tentative Agreement.  He said that in order to prepare for unpredictable state cuts in a tough budget year, spending was reduced by over a million dollars this year.  Negotiations were initiated with the Managers, City Hall and Public Works unions with a main focal point of a high-deductible HSA, and the Fire and Police unions were asked to come to the table to discuss the HSA plan.  To our delight, he said, they were interested to see what the plan looked like. The final proposal was offered in mid-June and the Fire Union passed the Tentative Agreement about two weeks ago.

Atty. Muschell commended the Mayor for being the driver behind most of this, and noted that the Fire Union didn't sign the Tentative Agreement until July 25, 2011.  He said that although he is recommending the Council approve this tentative agreement, because of passage of time there's not going to be as much of an impact on this fiscal year.  The high-deductible plan's savings diminish each month that goes by, and the problem with an HSA plan is that it requires a lot of time for education.  The bottom line, he said, is that the savings would only be about $7000 to the City even if the plan was initiated by September 1st.  He cautioned that there is a question as to whether that is possible.  

Atty. Muschell said the Tentative Agreement also includes a zero wage increase for July 1, 2012, but everything other than wages and insurance would be subject to negotiations in the spring.  He said the City does have a change in the way employees pay their share of the insurance cost, by percentage rather than a dollar amount.  As the cost of insurance increases, the employees' premium cost sharing increases from 3½ % the first year to 7, 8 and 9% by the end of the contract.  There is also an option for an employee to stay with the current plan by paying the cost difference, he said, and reminded the Council they have to take action within 30 days or the Tentative Agreement automatically goes into effect.  

Councilor Carbone expressed her gratitude to the Union for coming to the table. She noted that there will be negotiations within the next several months, and that the terms in this Tentative Agreement will not net us any cost benefit savings this year. She asked what the advantage is in approving this right now, and noted that it is a big assumption to think that everyone will sign on, so the $7000 savings will be even less.  She also asked how smoothly the transfer from PPO to HSA has been going.  

Mr. Gritt replied it hasn't been going smoothly.  Based on experience, he said, it would be tough to get that done by September 1st.

Councilor Carbone asked why we would go into an agreement that ties our hands for a four year period on insurance and wages when there are other things that also need to be negotiated.

Mayor Bingham agreed it would have been more beneficial if it took place earlier, and noted that it would be Council's decision to move forward.       

Atty. Muschell said it is a little complicated economically as the loss in savings each month is exponential.

Councilor Soliani asked if there is a reason why this contract is not consistent with the other contracts signed by other unions.

Atty. Muschell said the other unions were settled in the normal course, where the contract was expiring and a new one was negotiated. In this case, he said, we went to both unions.  The reason why this is different than some of those other contracts is because there was no requirement on the part of the Fire Union to reopen this contract.  They agreed to do it, they didn't have to.  In return for their willingness to do that, this has some benefits that the others don't.

Mayor Bingham said that in April and May we were trying to give an incentive for Police and Fire unions to jump in a year early, and thought that achieving the savings needed in this fiscal year would create a balance.
            
Councilor Soliani commended all of them for their hard work, including the unions.  She said she thinks we're opening a Pandora's box if we're doing favors for one union that we're not doing for another.  

Councilor Cogswell also commended the Fire union for coming to the table in the first place.  He said he thinks HSAs are great and that's the way we need to be going.

Mr. Gritt explained employees have the opportunity to keep the current plan but will pay the difference in cost.  All groups have that option, he said.

Councilor Waldron said the timing is worst part here; the savings seem to be less and less.  He said he doesn't like the difference between the union agreements.
Mayor Bingham agreed, but said there's no fault in trying. Wherever the vote goes, he said he also wants to thank the Police and Fire unions, especially the Fire union, for taking a step in the right direction and working with the City.

He said at the end of the day, if this passes and we get to the Sept 1 deadline, he is prepared to create $72,000 in budget cuts.  If this doesn't pass, come Oct. 1, he is prepared to create $79,000 in cuts without layoffs.

DENIED: TENTATIVE AGREEMENT-Fire Local 1567, IAFF
Councilor Cogswell made a motion to accept this tentative agreement, Councilor Carbone seconded.  The vote was unanimously opposed.

CHARTER REVISION COMMISSION
On a motion by Councilor Soliani, seconded by Councilor Cogswell, the Council voted unanimously to establish a Charter Revision Commission to place any revisions to the Charter on the 2012 Election Ballot.
Mayor Bingham explained the Commission members will be appointed by Council at the next meeting.

SANITARY SEWER CAPITAL IMPROVEMENTS
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to approve the following payments from Fund #490, Sanitary Sewer Capital Improvement for Emergency Sanitary Sewer Repairs and Capital Project D-13 New Harwinton Rd Pump Station Reconstruction:

DATE            CONTRACTOR      INVOICE #       AMOUNT          DESCRIPTION
6/20/2011       P & G Pepper    11016           $1,034.50       New Harwinton Road Sewer Repair
7/19/2011       P & G Pepper    11025           $8,181.79       N. Elm Street Sewer Repair
7/14/2011       Wright Pierce   77860           $9,905.73       Design Efforts New Harwinton                                                            Road, Pump Stn. Reconstruction

SEWER DISCHARGE PERMIT FEE - EOC
Acting herein as the Water Pollution Control Authority, on a motion by Councilor Waldron, seconded by Councilor Soliani, the Council considered waiving the Capacity Reserve Fee of $7,050 and the sewer discharge permit fee for the new dispatch facility.  

Deputy Fire Chief Gary Brunoli asked for this fee to be waived. He said he is trying to get a temporary Certificate of Occupancy for the new dispatch center, and since he wasn't aware of this fee in the beginning of the project, he has no extra funding to cover it.

Public Works Director Jerry Rollett objected to waiving this fee as it sets the wrong policy.  He said these requests have come before this Authority in the past and no fees have been waived for municipal projects.  He noted that they are waived when a private project spends significant dollars improving our infrastructure.  He cautioned that there are significant capital expenses coming forward in water pollution, a self-funded agency.

WPC Administrator Ray Drew stated he is strongly opposed to waiving the capacity reserve fee/sewer connection fee as it sets a bad precedent.  He asked those members present to make a clear distinction in their roles as the Water Pollution Control Authority vs. their roles as the City Council.  He noted that the 170 miles of sewer ranging from 8" to 54", with a replacement value in the range of $400,000,000, have only these fees as their sole source of revenue for the repair of that system.

Councilor Cogswell asked when parties are notified that they have to pay this fee.  Mr. Drew said that typically it's when he's informed by Planning and Zoning that somebody is interested in a project.  In this case, he said, there was no unreasonable delay in getting this notice out, and they had communicated prior to that.

The Council acting herein as the Water Pollution Control Authority voted unanimously against waiving the $7,050 sewer discharge permit fee for the new dispatch facility.  

ROADWORK & MATERIALS, STATE & REG'L BIDS
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to waive the bid process and accept the State and Regional Bids for roadway work and materials for the fiscal year 2011-2012 based on the State and Regional contracts listed in the Director of Public Works' memo of July 19, 2011.  Mr. Rollett said he does this every year, and the list is expanded each time, as it is a great resource to use. Mayor Bingham noted that they've been working hard, and Torrington is the largest municipality in the Region.  He said we benefit from them, and they benefit from us.
                                                                                                 
CRRA SOLID WASTE AGREEMENT
On a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council voted unanimously to authorize execution of the Tier 1 Long-Term Municipal Solid Waste Agreement with the CRRA, as described in the Director of Public Works' memo of July 26, 2011.

Mr. Rollett formally recommended the City stay with CRRA, our solid waste disposal resource for the past 20 years.  Other major providers offered no assurances or guarantees for trash management.   He said CRRA is the only game in town, a proven entity, and he recommended the maximum contract length of 15 years.  

Mayor Bingham clarified that the Tier I Long-term Renewal is not to exceed $61.00 per ton, but can go lower.  

Peter Egan of the Connecticut Resources Recovery Authority said he fully expects that it will go lower, and it is estimated at $59.50.

Mr. Rollett noted that this not-for-profit company offers net cost of operations.

Mr. Egan said CRRA's Board of Directors annually offers rebates to municipalities for all the recyclables under a Tier I Long-term contract, in addition to reduced tonnage costs.

Mr. Rollett noted there is a lot of room for improvement in residential recycling, currently at just over 20%.  

WATER SUPPLY, SERVICE, MAINTENANCE POLICY
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept and acknowledge the Torrington Water Supply Water Service and Maintenance Policy.

Mr. Rollett noted there has been no change in this policy for his 15 year tenure as Public Works Director.

SMALL CITIES
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to approve the following payments from Small Cities grants:

VENDOR                  INV#                    AMOUNT  FUND #  DESCRIPTION
L. Wagner & Assocs.             143-CDBGR18             $1,575.00       282             Prof. Svcs. 4/1/11 to 6/30/11                                                                                                                                    Water St. Sidewalks
L. Wagner & Assocs.             10-SC-16                $4,687.50       251             Prof. Svcs. 4/1/11 to 6/30/11                                                                                                                                    Town-Wide Housing Rehab
L. Wagner & Assocs.             10-SC-15                $1,800.00       251             Prof. Svcs. 4/1/11 to 6/30/11                                                                                                                                    Town-Wide Housing Rehab
OPEN TO PUBLIC ON AGENDA ITEMS ONLY
On a motion by Councilor Cogswell, 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 Carbone, the Council voted unanimously to consider business presented by Department Heads.  
Mrs. Zucco requested a Special Meeting of the City Council on August 17 at 2:30 pm to open and approve an Electric Bid with CCM because the bids are only in effect during a four hour window.
Deputy Chief Brunoli invited everyone to the dedication of the new Dispatch and Emergency Operations Center on Wednesday, September 7th at 10:00 am.

BUSINESS FROM MAYOR AND COUNCIL
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.  
Councilor Soliani said the National Night Out went very well and was well attended.  She reported that the first Fireworks Committee meeting was held and members were very enthusiastic.

ADJOURNMENT
On a motion by Councilor Carbone, seconded by Councilor Cogswell, and unanimously approved, the meeting was adjourned at 5:54 p.m.


ATTEST:  JOSEPH L. QUARTIERO, CMC                                                                                           
                CITY CLERK      
                    
                                                                                               
Respectfully Submitted,                                                                                                                                                               
Carol L. Anderson, CCTC     
Asst. City Clerk