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Minutes 02/06/2012
MINUTES                                                                                                                         
PUBLIC HEARING
BOARD OF COUNCILMEN
FEBRUARY 6, 2012

A   PUBLIC HEARING was held by the Board of Councilmen in the City Hall Auditorium on Monday, February 6, 2012 to consider amending Chapter 75, Section 3 of the Torrington Code of Ordinances.

Present were Mayor Ryan Bingham, Corporation Counsel Ernestine Yuille Weaver, City Councilors Gregg Cogswell, Paul Samele, Elinor Carbone, Gerald Zordan, Marie Soliani and Drake Waldron, Parks and Recreation Commissioner Gerard Carbone, Recreation Director Donna Winn, City Clerk Joseph Quartiero, Assistant to the Mayor Timothy Waldron, Chief of Police Michael Maniago, and Deputy Fire Chief Gary Brunoli.

Mayor Bingham opened the Public Hearing at 6:30 p.m.  

City Clerk Joseph Quartiero read the legal notice.

Mr. Sander Stotland, General Manger of the Torrington Titans Baseball Team, gave a presentation in favor of allowing alcoholic liquor at baseball games in Fuessenich Park. He asked the Board to let the citizens of Torrington exercise their rights to be socially responsible and let him do his job to provide safe fan-friendly experiences for Torrington and all Litchfield County.

Mr. J. Thomas Ferrarotti opposed the ordinance amendment and expressed concerns about liability and potential lawsuits.  He said beer and wine does not need to be sold at events held on public property.

Mr. Michael Kirk asked the Board not to vote for this amendment saying we don't need alcohol in Torrington and nothing good will come of it.

Mr. Gerard Carbone said the park needs to remain family friendly and 100% alcohol free.  He expressed concerned about adults bringing children to games while overindulging in alcohol or leaving the park and getting in an accident.  Mr. Carbone pointed out that the majority of players in amateur collegiate leagues are under the drinking age of 21.

Mr. R.J. Poniatoski, a 15-year baseball coach, said that Fuessenich is the best ball park in the State of CT, and he wants it to stay that way.  He noted that Torrington children have had to pay $200 to play baseball, yet Torrington Titans don't pay for rental of the facilities.  He said beer and wine do not have to be the answer to reach a fundraising goal, as corporate sponsorships can be obtained.  Mr. Poniatoski said new businesses should adapt to Torrington's ordinances,  not the ordinances adapting to them.

Mr. Robert Goldberg said he supports this team and wants to see it remain here, but he is against allowing alcohol in the park because it would cause a lot of liability complaints.

Seeing no one else who wished to speak, Mayor Bingham closed the Public Hearing at 7:10 p.m.  

AMEND ORDINANCE – DENIED
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Board of Councilmen considered the amending of Chapter 75, Section 3 of the Torrington Code of Ordinances, Alcoholic Liquor, Exceptions, to allow for the sale and consumption of beer and wine at Fuessenich Park at any professionally organized event only if the professional organization's lease with the City for the use of Fuessenich Park specifically allows for the sale and consumption of beer and wine.

Councilor Carbone expressed appreciation for those residents who came out to speak and said the Council should not fall into a habit of changing Ordinances for the benefit of a single business or user group.  She said we need to be looking at the community as a whole, and objected to this because she did not see any compelling evidence that serving alcohol at Fuessenich Park would benefit the community.

Councilor Cogswell asked Atty. Weaver if the Titans' 5 million dollar liquor liability insurance policy would protect the City.  Atty. Weaver replied that their insurance policy would cover the City but the City would still most likely be named in litigation.  

Councilor Cogswell said that Torrington is very lucky to have a great baseball team, but he is concerned about the way this Ordinance Change is worded.  He said he thinks the language is too broad and will be opposing this.

A Roll Call Vote was taken.  All Councilors were opposed except Councilor Zordan who voted in favor.
The motion was denied by a 1/5 vote.  

Mayor Bingham thanked everyone who came to the Public Hearing and urged them to attend more.

MINUTES                                                                                                                                   
REGULAR MEETING
CITY COUNCIL AND WPC AUTHORITY  
FEBRUARY 6, 2012

Mayor Bingham opened the REGULAR MEETING of the City Council & WPC Authority in the City Hall Auditorium at 7:16 p.m.

MINUTES
On a motion by Councilor Samele, seconded by Councilor Cogswell, the Council voted unanimously to accept the minutes of the Regular Meeting held on January 25, 2012.  

OPEN TO THE PUBLIC
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to open the meeting to the public.   

R. Thomas Crovo, Tax Collector, updated the Council on the "unfortunate fact" that he will have a large tax sale of 20 to 40 homes. Two hundred demand notices were sent out in November and December, yielding about 20 calls.  In early January he sent certified letters with the same type of notice, producing approximately 50 phone calls allowing him to make a lot of arrangements with people.  He said people were comforted when he explained the process and what their rights are.  The deadline is Feb. 15th, he said.  Dr. Crovo said he has fulfilled the terms of his contract with the City and offered to answer any questions.

BOARD OF ASSESSMENT APPEALS: C. Antonelli
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously
to re-appoint Charlene Antonelli to the Board of Assessment Appeals for a three year term to expire December 6, 2013.

BOARD OF ASSESSMENT APPEALS: J. Bailey
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously
to re-appoint James Bailey to the Board of Assessment Appeals for a three year term to expire December 6, 2014.

MUNICIPAL RENOVATIONS
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to approve a payment of $2,044.00 from Municipal Renovations Fund # 316 to McElroy, Deutsch, Mulvaney & Carpenter, LLP for Invoice #728242 for professional services rendered through 12/31/2011.

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


Vendor
Invoice #
Fund
Amount
Description
L. Wagner & Assoc.
143-CDBGR24
282
$400.00
Prof. Svcs. -- Water St. Sidewalks, Gen'l Admin
L. Wagner & Assoc.
143-CDBGR25
282
$3446.51
Prof. Svcs. -- Water St. Sidewalks, Program Costs
L. Wagner & Assoc.
10-SC-21
251
$1800.00
Prof. Svcs. – Housing Rehab, Gen'l Admin
L. Wagner & Assoc.
10-SC-22
251
$3037.50
Prof. Svcs. – Housing Rehab, Program Costs

POLICE DEPT. AUTOMATIC PISTOLS
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to waive the bid process for the purchase of (90) new 40 cal. Glock model 22RTF2 Automatic Pistols for Police Department at $129.00 each, after trade-in, to be purchased from Bob's Gun Exchange, Darien, CT, to be paid for through Training Line Item #5223, having been approved by the Board of Public Safety on February 1, 2012.

OPEN TO PUBLIC ON AGENDA ITEMS ONLY
On a motion by Councilor Cogswell, 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 FROM DEPARTMENT HEADS
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Department Heads.   
Economic Development Director Rose Ponte informed the Council about the upcoming City Canvas Initiative sponsored by the Governor's Office and the Office of the Arts. This initiative encourages municipalities to partner with a non-profit arts organization, using art to give a boost to economic development, she said.


BUSINESS FROM MAYOR AND COUNCIL
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.   

No business was presented.

ADD SECTION B
On a motion by Councilor Samele, seconded by Councilor Carbone, the Council voted unanimously to
add section B to the agenda.

RESOLUTION:  Pavement Rehab., Kennedy Dr. & Dibble St.
On a motion by Councilor Carbone, seconded by Councilor Cogswell, the Council voted unanimously to
adopt the following Resolution:


RESOLVED, that Ryan J. Bingham, Mayor, is hereby authorized to sign the Agreement entitled "Agreement between the State of Connecticut and the City of Torrington for the Construction, Inspection and Maintenance of Pavement Rehabilitation of Kennedy Drive and Dibble Street utilizing Federal Funds under the Urban Component of the Surface Transportation Program."

Mayor Bingham explained this is unspent grant money that they are allowed to use, amounting to nearly
1.2 million dollars.  Councilor Soliani asked if other roads could have been chosen as some are in worse shape.  Mayor Bingham replied that this is not an opportunity for those roads as this is only available for rural collector roads.

RESOLUTION:  License to Use Telecommunications Facility
On a motion by Councilor Cogswell, seconded by Councilor Samele, the Council voted unanimously to
adopt the following Resolution:


RESOLVED, that Ryan J. Bingham, Mayor, is hereby authorized to sign the Agreement entitled "License Agreement Between The State of Connecticut Department of Emergency Services and Public Protection Division of State Police and City of Torrington Regarding the License to use Telecommunications Facility located at 1445 Highland Ave., Torrington, CT."

EXECUTIVE SESSION

On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to
go into Executive Session under pending litigation at 7:35 p.m.

OPEN SESSION
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to
return to Open Session at 7:49 p.m.

ADJOURNMENT
On a motion by Councilor Zordan, seconded by Councilor Carbone, and unanimously approved, the meeting was adjourned at 7:49 p.m.



ATTEST:  JOSEPH L. QUARTIERO, CMC                                                                                                                                                                                                                                                                                                                                                                                                     
                   CITY CLERK          




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