MINUTES
PUBLIC HEARING
CITY COUNCIL & WPC AUTHORITY
JULY 2, 2012
A PUBLIC HEARING was held by the City Council & WPC Authority in the City Hall Auditorium on Monday, July 2, 2012 to obtain public input on proposed changes and amendments to the City’s Charter as presented by the City of Torrington Charter Revision Commission in its Draft Report.~
Present were Mayor Ryan Bingham, Corporation Counsel Ernestine Weaver, City Councilors Gregg Cogswell, Paul Samele, Elinor Carbone, Gerald Zordan, Marie Soliani and Drake Waldron, City Clerk Joseph Quartiero, Mayoral Aide Timothy Waldron, and Atty. Victor Muschell.
Mayor Bingham called the public hearing to order at 6:30 p.m.
City Clerk Joseph Quartiero read the legal notice.
Mary Bagnaschi spoke against the Council and Mayor as Fair Housing Chair. Mayor Bingham noted that this Public Hearing's topic is about the proposed changes and amendments to the City’s Charter.
Atty. Muschell spoke as an individual citizen and as the City's Labor Counsel in favor of the proposed change to Charter language that will permit Police and Fire Chiefs to discipline employees, rather than the Board of Public Safety. He said this proposed change is important because the current process is costly, doesn't allow as much due process, is inconvenient to schedule, and creates a duplication of the efforts of Corporation Counsel should the employee then file a grievance. He further noted that Charter language uses the term "reasonable cause", while union contracts use the term "just cause". Although the Charter predates any of the union contracts, he said, State Statutes decree that the terms of the union agreement shall prevail when there
is a conflict with any Charter. Atty. Muschell said the Chiefs need to be the authoritative persons in their departments the same as all other City department heads are, especially since they are paramilitary organizations. He said it is not reasonable to delegate the discipline of City employees to an elected board because it could easily taint an employee's due process and ruin the City's ability to discipline one of its employees. Atty. Muschell said it's important to take care of this controversial matter that has been festering for years.
Mayor Bingham closed the public hearing at 6:48 p.m.
BALLOT QUESTION: Chiefs' Authority to Discipline
On a motion by Councilor Zordan, seconded by Councilor Carbone, the Council considered placing on the ballot the question whether to shift the authority to remove, suspend without pay or discipline Fire and Police Department officers from the Board of Public Safety to the respective Department Chiefs.
Councilor Carbone noted that the current discipline method is a complete dichotomy to all other municipal employee situations. She said this change will bring the Fire and Police Departments in line with all other City departments.
Councilor Cogswell asked if this has been explored in the past. Mayor Bingham said it was considered at the last Charter Revision but wasn't included in their final report.
Councilor Cogswell asked if a comparison was made with other CT Police and Fire Departments. Councilor Carbone said it was not.
A roll call vote was taken and the motion was unanimously approved.
BALLOT QUESTION: Increase Expenditure Limit
On a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council considered placing on the ballot the question whether to increase the limit for extraordinary expenditures from $100,000 to $235,000.
Councilor Soliani suggested having one vote for the five questions because she has two issues that she wants put before the voters and would not be in favor of the whole package unless her two items were included. Mayor Bingham said this gives you the opportunity to vote against specific items and not have it affect the ones the Council thinks should be on the referendum. Councilor Soliani said she is in favor of the voters getting all the questions, including the two she wants to add. Mayor Bingham assured her there will be an opportunity to add to the proposals.
Councilor Cogswell said this was on the ballot for the last referendum and noted that a perception exists that the City is trying to spend more money without approval. He said he hopes than an education effort will be undertaken. Mayor Bingham said the Commission was aware of this and specifically calculated that number using the Consumer Price Index. Councilor Carbone agreed that education is the key, and added that the Charter Revision Commission is aware that their job is not done and they have a clear understanding of what their role is, going forward.
A roll call vote was taken and the motion was unanimously approved.
BALLOT QUESTION: Require Public Hearing for Extraordinary Expenditures
On a motion by Councilor Carbone, seconded by Councilor Zordan, the Council considered placing on the ballot the question whether to require a public hearing for extraordinary expenditures as set forth, but not exceeding $500,000.
A roll call vote was taken and the motion was unanimously approved.
BALLOT QUESTION: Board of Education Terms of Office
On a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council considered placing on the ballot the question whether to allow vacancies that occur on the Board of Education to be filled for the unexpired portion of the term of the office.
A roll call vote was taken and the motion was unanimously approved.
BALLOT QUESTION: Technical Changes
On a motion by Councilor Carbone, seconded by Councilor Zordan, the Council considered placing on the ballot the question whether to make technical changes, as needed.
A roll call vote was taken and the motion was unanimously approved.
ADD'L BALLOT QUESTION: Technical Changes to Budget Deadline
On a motion by Councilor Carbone, seconded by Councilor Zordan, the Council voted unanimously to recommend the Charter Revision Commission consider making a technical change to amend the language regarding the submission of budgets that currently reads "on or before May 15th". Councilor Carbone said this is to reflect the current practice where the budgets are submitted to the Finance Department as close to the 15th as possible. When the 15th falls on a weekend it's impossible to meet that deadline, she said, and if the Charter could read "on or about" that could make our practice consistent with the Charter.
ADD'L BALLOT QUESTION: Public Tax Collection Option
On a motion by Councilor Soliani, seconded by Councilor Samele, the Council discussed making a recommendation to the Charter Revision Commission to consider changing the Tax Collector language to specifically say that the City may do either public or private collection. Councilor Soliani said the Charter doesn't specifically say that currently.
Councilor Cogswell asked Atty. Weaver if we need to change our Charter in order to go to either public or private collection since State Statutes already govern this. Atty. Weaver said that we are the only municipality that has a private tax collector, and that the tax collector actually owns the liens. Even though it’s a State law, we are operating under a Special Act, she said.
Councilor Carbone said she understands Councilor Soliani's concern and passion, but the Commission reviewed the Statutes, the tax collector contract and the Charter provisions and they felt there were enough safety measures therein that would allow the City to move forward if there was any kind of misdeed or failure in the tax collection office.
Councilor Soliani disagreed because, in the contract, should something happen, the tax collection moves to his appointment, not back to the City. She said she'd like to see something in our Charter to protect the City so they can take it over publicly. Mayor Bingham clarified that the tax collection only moves to Mr. Crovo's successor if something happens to him physically. If there were a breach of contract, he said, then it would come back to the City.
Councilor Soliani added that if we were unable to find a qualified bidder, the Charter should say that it comes back to the City and becomes public.
Councilor Cogswell asked if the recommendation is to have the option for public tax collection, or to automatically become public. Councilor Soliani said the City should have the option to go public and not be forced to accept a bid from the only one who has bid.
Councilor Zordan said the Charter does allow us to use a public tax collector. Atty. Weaver explained the problem is the ownership of the liens. The tax collector owns the liens, so if we were to take over that office,
it would be years before the City would have any control over previous tax liens.
A vote was taken and the motion was approved by a 4/2 vote with Councilors Carbone and Zordan opposed.
ADD'L BALLOT QUESTION: Four-Year Terms for City Council
On a motion by Councilor Soliani, seconded by Councilor Samele, the Council discussed making a recommendation to the Charter Revision Commission to consider the feasibility of a four-year term for City Council. Councilor Waldron suggested the terms be staggered. Councilor Zordan said he would like the opportunity to fire the City Council every two years.
A vote was taken and the result was a 3/3 tie with Councilors Cogswell, Carbone and Zordan opposed. The tie was broken by Mayor Bingham's vote in favor. Mayor Bingham explained his vote, saying that it can't hurt to continue to look at the issue.
ADJOURNMENT
On a motion by Councilor Carbone, seconded by Councilor Cogswell, the Council voted unanimously to adjourn the Public Hearing at 7:09 pm.
ATTEST: JOSEPH L. QUARTIERO, CMC CITY CLERK |
Respectfully Submitted, Carol L. Anderson, CCTC Asst. City Clerk
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MINUTES VOL. 26 PAGE 109
REGULAR MEETING
CITY COUNCIL & WPC AUTHORITY
JULY 2, 2012
A REGULAR MEETING was held by the City Council & WPC Authority in the City Hall Auditorium on Monday, July 2, 2012.
Present were Mayor Ryan Bingham, Corporation Counsel Ernestine Weaver, City Councilors Gregg Cogswell, Paul Samele, Elinor Carbone, Gerald Zordan, Marie Soliani and Drake Waldron, City Clerk Joseph Quartiero, Deputy Fire Chief Gary Brunoli, WPCA Administrator Raymond Drew, and Mayoral Aide Timothy Waldron.
Mayor Bingham called the meeting to order at 7:13 p.m.
MINUTES
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept the minutes of the Special Meeting held jointly with the Board of Finance on June 19, 2012.
OPEN TO THE PUBLIC
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to open the meeting to the public.
Mr. Joseph Gryniuk spoke on behalf of veterans of the Cold War, and requested they be included in the City Hall Memorial because they sacrificed their lives like any other soldier. He further asked that the committee that worked on the Memorial be reconvened. Mayor Bingham thanked Mr. Gryniuk for his service and explained that the committee used criteria from the old "War Boards" that had been in City Hall. He said the committee is now forming a 501C3 organization for the funds that were leftover for the care and maintenance of the wall. Mayor Bingham assured Mr. Gryniuk that he will bring this matter to that committee when they get established.
SANITARY SEWER CAPITAL IMPROVEMENT
Acting herein as the Water Pollution Control Authority, on a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to approve the following payments Sanitary Sewer Capital Improvement for Capital Project D-13 New Harwinton Road Pump Station Rehabilitation and Capital Project D-19 Sewer ROW Clearing:
DATE CONTRACTOR INVOICE# AMOUNT DESCRIPTION
6/20/12 P&G Pepper 11053 $9,060.00 Winsted Rd ROW Clearing
6/20/12 P&G Pepper 11055 $4,550.00 Various ROW Clearing
6/20/12 P&G Pepper 11056 $2,105.00 Petricone Dr. ROW Clearing
6/20/12 Wright Pierce 83750 $5,600.80 New Harwinton RD PS Upgrade
Mr. Drew reported that New Harwinton Road Pump Station is progressing, and is scheduled to go on by-pass on Monday July 9th. At that time, the replacement of all pumps, generators and equipment will begin, he said, and it is hoped that the new station will be on-line in September.
MUNICIPAL RENOVATION
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to approve a payment of $27.00 from Fund #316, Municipal Renovations, to Staples Advantage for Invoice #113778720 for cork boards.
SMALL CITIES: Change Order
On a motion by Councilor Samele, seconded by Councilor Carbone, the Council voted unanimously to approve a Change Order for additional electrical work and structural rot repair on Small Cities Project #143-308 in the amount of $4,150.00.
OPEN TO THE PUBLIC, AGENDA ITEMS ONLY
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to open the meeting to the public on "agenda items" only.
BUSINESS BY DEPT. HEADS
On a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council voted unanimously to consider business presented by Department Heads.
Deputy Fire Chief Brunoli announced a retirement party for Chief Fields on July 27th.
Mayor Bingham informed the Council that, effective July 8th, Deputy Chief Brunoli will serve as Acting Fire Chief until a permanent Chief is found.
He explained that there are funds for the Memorial Wall that have been set aside for the addition of names and maintenance purposes, and stated that he will ask the committee about the criteria used for inclusion on the Wall.
City Clerk Quartiero cautioned that if the Cold War veterans were added to the Memorial Wall we would be inundated with numerous requests.
BUSINESS BY MAYOR AND COUNCIL
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.
Mayor Bingham announced the upcoming Fireworks and thanked all those who helped.
Mayor Bingham said he participated in the recent WYLD Mud Run and challenged other Council Members to participate next year.
Councilor Carbone said the organizers of that event did a phenomenal job, and it was a great opportunity to showcase Torrington's offering of healthy activities.
ADJOURNMENT
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:34 pm.
ATTEST: JOSEPH L. QUARTIERO, CMC CITY CLERK
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Respectfully Submitted, Carol L. Anderson, CCTC Asst. City Clerk
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