MINUTES
PUBLIC HEARING
CITY COUNCIL & WPC AUTHORITY
August 19, 2013
A PUBLIC HEARING was held by the City Council & WPC Authority in the City Hall Auditorium on Monday, August 19, 2013 to solicit citizen input regarding the potential sale and consumption of beer at Fuessenich Park events.
Those in attendance included Mayor Ryan Bingham, Corporation Counsel Raymond Rigat, City Councilors Gregg Cogswell, Paul Samele, Drake Waldron, Gerald Zordan, and Elinor Carbone. City Councilor Marie Soliani was absent. Also in attendance were Parks & Recreation Commissioner Gerard Carbone, Fleet Manager Emil Castro, Water Pollution Control Administrator Ray Drew, Purchasing Agent Pennie Zucco, Comptroller Alice Proulx, Atty. Victor Muschell, Recreation Director Donna Winn, and Personnel Director Thomas Gritt.
Mayor Bingham called the public hearing to order at 6:30 p.m.
City Clerk Joseph Quartiero read the legal notice.
Mr. J. Thomas Ferrarotti of 119 Kinney Street in Torrington spoke in opposition to beer at Fuessenich Park. He expressed his concern that an accident could put the City in jeopardy of a lawsuit, and said his primary concern is the City's liability. He said a public hearing to consider issues that were decided in the past without giving any reasons why they should be changed is sour grapes. Mr. Ferrarotti noted that game attendance has grown from 417 per game in the Titans' inaugural season to 583 per game in 2012 and 573 per game in 2013.
Mr. Chris Hall, a resident of Chelmsford, MA, and Commissioner of the Future Collegiate Baseball League in New England, spoke in favor of beer at Fuessenich Park. He said the league has grown from four teams to nine teams and they have a lot of experience. He said the league carries liability insurance, and compared drinking in the park to drinking in a restaurant, saying they are both controlled environments. He said he has not heard of any incidences in the past two years where there were any issues of people leaving a ballpark drunk, or fights breaking out. He said baseball, beer and hot dogs go together. Mr. Hall said Torrington has been great to them but they have to find a way to start being profitable. He said baseball is an economic driver for the community but in order for them to keep
a team here in New England long-term, this is one of the things they really need to help them.
Mr. Alan Seraita, a resident of Mt. Kisco, NY, and President/General Partner of the Torrington Titans spoke in favor of beer at Fuessenich Park, saying he has learned to listen to clients and customers of whatever business he has been in. The past three years, he said, 50% of the people he has met comment in favor of beer. Mr. Seraita said he is committed to maintaining a safe and fun environment, including the designation of an alcohol free section, the implementation of a per-person drink maximum, the cessation of sales at a designated inning, and a continued police presence. He said they will have a zero tolerance level, have only one station selling beer and institute safe-ride programs. Mr. Seraita noted that beer is not the focal point of ball games, but an enhancement to make the
experience more pleasurable. He said he is asking for the opportunity to empower the community of Torrington to thrive financially, economically and entertainment-wise. He said he feels so sure that this will work that he will accept a one year trial for the next season, after which a judgment call can be made based on performance and results rather than speculation. He said we need to listen to the fans and to the Torrington citizens because this is what they want.
Mr. Jeff Nicholas a resident of Bethlehem, CT, who works in Torrington, spoke in favor of allowing beer sales at Titans games in Fuessenich Park. He said he doesn't perceive the Titans as asking for anything extraordinary. He noted that there are 113 establishments in Torrington that are licensed to serve alcohol. Allowing one more is trivial in the grand scheme of things, he said, and a review of crime statistics indicates that alcohol is used more responsibly now. Mr. Nichols said an added revenue stream would make the Titans viable for years ahead. Regarding safety and security protocols, Mr. Nichols said there is already a police presence at the games but the Titans will add a second officer for additional safety as a precaution if necessary. He said this minor league franchise may not be
sustainable without beer sales, and the Titans are a benefit to the downtown and the local community. He noted that Main Street Marketplace is kid-friendly but you can get a beer or glass of wine there.
Councilor Carbone asked what Mr. Nicholas' relationship is with the Titans, and he replied that his children are infinitesimal owners and his niece is the Titans' trainer.
Mr. Jerry Edelwich, a resident of Middletown, CT, who works in Torrington and is also an infinitesimal owner, spoke in favor of beer in Fuessenich Park. He spoke about the impact of the games on the community, saying the sense of belonging he sees fans having cannot be calculated, and cannot be dismissed. Regarding the liabilities being discussed, he said it's possible to have an alcohol-related incident, but it is not plausible or realistic. Mr. Edelwich said the loss of the Torrington Titans to the community would be devastating and the request they are making is reasonable.
Mr. Alan Temkin, a resident of Torrington, and owner of a very small fraction of the Titans spoke in favor of beer in Fuessenich Park. He said he's fearful that if the Titans don't get the revenue from beer, they will leave. We've got to do everything we can to make Torrington better, he said, and the Titans are good for the long-term growth of Torrington. He said he would appreciate a vote in favor of allowing beer in Fuessenich Park.
Mr. Michael Kirk, of 131 Oxford Way in Torrington spoke in opposition to beer at Fuessenich Park by stating that nothing good comes from alcohol. He said he's heard statistics and economics, both of which are good arguments, but both are a double-edged sword. He said he recently lost a nephew because of alcohol and the liability risk outweighs the potential profit. Mr. Kirk said he hears the Titans strong-arming the City for the alcohol revenue. It's tempting to go for the money side, he said, but City Council needs to look out for the long-term interest of the City of Torrington. If the ball team wants to threaten to leave, he said, we can replace them because it's been done before. Mr. Kirk stress that only one incident is all it's going to take, and urged the Council to look out for the
better interest of the City, and not the City's economics. We can make a dollar or two somewhere else, he said.
Mr. Lou Reynolds, of 466 Hayden Hill Road in Torrington, spoke in opposition to beer at Fuessenich Park, saying he is the fifth generation of his family in Torrington, which currently represents 57 taxpayers. He stated that non-residents' testimony should be stricken from the record. He noted that the majority of attendees at Fuessenich Park are minors and thinks it's a big liability risk to allow beer at games. The Titans came here with a set of standards already in place, he said, and we should stick by them.
Mr. Ed Godomski, General Manager of the Torrington Titans, spoke in favor of beer in Fuessenich Park saying he has doubled the sponsorship, and had 75 different organizational groups approach him about coming to a game. He said a minor league baseball team needs beer sales to have revenue. He said he can count on one hand how many people are opposed to beer, and would need a million hands to indicate the number of people asking when we are going to get beer. Mr. Godomski said that as an umpire he has had to deal with loudmouths and has had issues with people fighting in the stands with no beer there. He noted that there are people drinking in the parking lot because they can't get a beer at in a Titans game, or a legion game or a tri-state game.
Councilor Cogswell asked what the age range is for Tri-State league. Mr. Godomski replied that attendees are mainly college-student aged with a majority in their 20's and 30's, and some 40-year olds.
Ms. Susan Sorillo of Oxford Way in Torrington spoke in opposition to beer at Fuessenich Park recognizing the need for revenue and saying her issue is safety. She asked how many people attend the games and how many could have already had a beer or glass of wine before they came. She cautioned against an accident or death occurring and stressed safety. She said all she is hearing is about money, and encouraged those present to find another way to make money.
Mr. Kevin McGuire, General Manager for the Pittsfield Suns, a resident of Liberty, NY, spoke in favor of beer in Fuessenich Park. He said the situation in Pittsfield is similar, being a lessee of the city.
He pointed out that fans that attend games are not young people looking to get drunk, but families looking for the option to have a beer. He said that in two years Pittsfield has not had one incidence where alcohol has been an issue, and said that while concerns of liability, safety and destruction of property are valid, this is not a bar or club setting where people are going for the purpose of getting intoxicated. Mr. McGuire said this is a much more controlled environment.
Hearing and seeing no one else who wished to speak, Mayor Bingham closed the public hearing at
7:20 p.m.
uncilor Carbone expressed her appreciation for everyone who came out to speak. She said she is still seeing a lopsided response to this request. As a member of the City Council, Councilor Carbone said she is always looking at how we can minimize risk. She said that serving alcohol at a park does not minimize risk to the City, and noted that alcohol served in a restaurant cannot be used as a comparison because that liability is not on the City, it is on the restaurant.
Councilor Carbone said that while our ordinance does allow alcohol at a professional baseball game, it needs to be clarified that the Titans are not a professional team. She said that our ordinances need to serve the greater good of our community, and she is not inclined to recommend an amendment to an ordinance that serves one special group interest or a single business.
Councilor Carbone noted that the last time this request was brought to the City Council, it had to do with sponsorship, not the actual beer. She said she is not inclined to change our ordinances just to open up a door for a sponsorship for the Titans. Councilor Carbone reminded everyone that five years ago two non-profit organizations with deep roots in our community, that served a tremendous population, also requested we consider serving alcohol at our City Park. Councilor Carbone said the answer then was no, the answer a year and half ago was no, the answer is still no.
Councilor Zordan pointed out that a lot of people really enjoy the Titans games. He said we're all trying to improve Torrington, make it better, a fun place to be. He said if a business is losing money every year, it's going to go away and asked the Council if they want to lose the Titans. Councilor Zordan said if you want to lose the Titans, then vote against beer in Fuessenich Park.
Mayor Bingham reminded the Council that there is nothing to vote on yet. He said the message heard from the Ordinance Committee was to solicit citizen input, and he recommended that the Ordinance Committee reconvene and determine if it's necessary to develop an ordinance change. He said if this is to be done, it should be done right and encouraged the Council to take the time to do so.
Councilor Carbone said that the Ordinance Committee requested input from both the public and the Council, and wondered if the rest of the Council feels that there should be some instruction to the Ordinance Committee so that they could decide whether or not they need to revisit this.
Councilor Cogswell said he's not going to weigh in one way or the other and said he thinks the subcommittee has to make that decision. He said Corporation Counsel should decide if Council can send a directive to the subcommittee.
Councilor Cogswell thanked everyone who came out tonight and offered three questions. First, he asked, could someone bring legal action against the City because one group is picked over another for approval of alcohol sales in a City Park? Secondly, he asked to see what details the League has in their plan regarding liability, and requested the league supply that. Councilor Cogswell's third question was whether or not the ordinance would have to be changed before a trial period is allowed.
Councilor Zordan pointed out that although the ordinance will need to be changed for a trial period, it can always be changed back.
ADJOURNMENT
On a motion by Councilor Cogswell, seconded by Councilor Samele, the Council voted unanimously to adjourn at 7:30 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Respectfully Submitted,
Carol L. Anderson CCTC
Asst. City Clerk
MINUTES
REGULAR MEETING
CITY COUNCIL & WPC AUTHORITY
August 19, 2013
A REGULAR MEETING was held by the City Council & WPC Authority in the City Hall Auditorium on Monday, August 19, 2013.
Those in attendance included Mayor Ryan Bingham, Corporation Counsel Raymond Rigat, City Councilors Gregg Cogswell, Paul Samele, Drake Waldron, Gerald Zordan, and Elinor Carbone. City Councilor Marie Soliani was absent. Also in attendance were Parks & Recreation Commissioner Gerard Carbone, Fleet Manager Emil Castro, Water Pollution Control Administrator Ray Drew, Purchasing Agent Pennie Zucco, Comptroller Alice Proulx, Atty. Victor Muschell, Recreation Director Donna Winn, and Personnel Director Thomas Gritt.
Mayor Bingham called the meeting to order at 7:30 p.m.
MINUTES
On a motion by Councilor Samele, seconded by Councilor Waldron, the Council voted unanimously to accept the minutes of the Regular Meeting held August 12, 2013.
On a motion by Councilor Zordan, seconded by Councilor Cogswell, the Council voted unanimously to accept the corrected minutes of the Special & Telephonic Meeting held jointly with the Board of Finance on June 24, 2013.
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. There was no one who wished to speak.
ADD TO AGENDA
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to add to the agenda.
POLICE COMMUNICATION SYSTEM
Mayor Bingham explained that police officers filed a grievance regarding radio communications and police safety while inside buildings. Three or four vendors presented solutions but their cost ranged almost as high as one and a half million dollars. He said Chief Maniago found a plan from Marcus Communications that did not exceed $300,000, while the union filed a Municipal Prohibitive Practice complaint that required the City to go into arbitration. To solve the grievance, a contract needed to be signed with Marcus Communications within thirty days. As part of his ability as Mayor to negotiate contracts under the Charter, Mayor Bingham said he signed it prior to receiving Council approval. He said he would now like the approval of Council since it’s a considerable amount of money, and asked that the Council
allow him to move forward with this. Mayor Bingham said he will ask the Board of Finance to approve a payment plan.
Councilor Carbone asked if this contract will solve the problem. Mayor Bingham said there is a guarantee in it.
Atty. Muschell added that Local 442 felt there was nothing being done about this safety problem. He compared the liability issues regarding a couple of beers at Fuessenich Park that were discussed, versus a policeman who can't raise dispatch or raise help when he's being shot at. Atty. Muschell said it became dramatically apparent that the problem had to be solved, and the CT Labor Department then issued a Demand to Bargain, requiring arbitration. He said when Chief Maniago presented Marcus Communications proposal, they were convinced that this could solve the problem for a greatly reduced cost, with
a 30-day window to complete the contract-signing.
On a motion by Councilor Zordan, seconded by Councilor Cogswell, the Council voted unanimously to
enter into a contract between the Mayor and Marcus Communications to repair and maintain the police communications system, waiving the formal bidding process in the interest of the City.
ARTS & CULTURE COMMISSION: S. Waagner
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept the Mayor's re-appointment of Sharon Waagner to the Arts & Culture Commission for a four-year term expiring December 31, 2016.
RESOLUTION: LHCEO
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to adopt the following resolution approving Litchfield Hills Council of Elected Officials' adoption of sections 4-124i to 4-124p of the CT General Statutes and to approve membership, effective January 1, 2014, in the newly formed Northwest Hills Council of Governments resulting from the merger of Litchfield Hills Council of Elected Officials and the Northwest CT Council of Governments.
Resolved, that the Torrington Board of Councilmen hereby ratifies the action of the Litchfield Hills Council of Elected Officials at their meeting of July 12, 2013 to join the Northwest Hills Council of Governments, effective January 1, 2014, and toward that end, the Litchfield Hills Council of Elected Officials formally adopted Sections 4-124i to 4-124p, inclusive,
of the Connecticut General Statutes, in accordance with the procedures set forth in Section 4-124j of the Connecticut General Statutes.
Mayor Bingham said the communities that are going to join this organization are tremendous assets to us as a region.
BUDGET MODIFICATIONS
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to authorize the FY 2013/2014 General Fund budget modifications listed in the Comptroller's Memo dated August 15, 2013, pending Board of Finance approval. Addendum 1
REG'L ANIMAL CONTROL VEHICLE
On a motion by Councilor Zordan, seconded by Councilor Carbone, the Council voted unanimously to authorize the Purchasing Agent to go out to bid for a Regional Animal Control transport vehicle for an estimated cost of $45,000 to be paid for from the Vehicle Replacement Fund and to authorize the expenditure of funds, pending Board of Finance approval.
Mayor Bingham explained that our agreement states we are paying per capita. He noted that we will attempt an accelerated payback to the Vehicle Replacement Account to allow for the possible creation of a larger regional entity. He said the fund is healthy enough to facilitate this process.
Councilor Carbone said it makes sense to do as much as we can to make this pilot program successful.
SEWER DEVELOPMENT AGREEMENT: REIMBURSEMENT REQUEST, H. Lawson
Acting herein as the Water Pollution Control Authority, on a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council voted unanimously to approve, pursuant to Sewer Developers Agreement dated 9/18/2007 and Assignment of Developers Rights documents, the reimbursement request in the amount of $18,097.38 from Fund # 0490.8888.5900 to Harriet H. Lawson of 220 West Mountain Road, West Simsbury CT, 06092. Mr. Drew said that hopefully this will be the last Reimbursement we will collect for this developer's agreement as we have reached the total sewer line cost that was required to be collected of $108,000.
HVAC: Cancel Contract Extension
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to accept the Purchasing Agent's recommendation to cancel the extension of HVAC Services and initiate the bidding process for these services.
RESOLUTION: Extend CCM Energy Purchasing Agreement
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to adopt the following resolution approving the extension through December 2014 of cooperative electricity purchasing through the CCM Energy Purchasing Program and authorize the Mayor to execute the agreement on behalf of the City.
BE IT RESOLVED, the City of Torrington hereby approves the cooperative purchasing
of electricity procurement for the extension of the Electric Contract ending
December 31, 2014 through the CCM Energy Purchasing Program to take advantage
of increased purchasing power of a collective purchasing group;
BE IT FURTHER RESOLVED, upon the recommendation of City Council, the Mayor,
in his sole discretion, is authorized to execute, on behalf of the City of Torrington,
an extension of the electric contract. Where practical, the Mayor shall submit the
agreement to the City Council for review; however if time does not permit such a
review by the City Council, the Mayor is authorized to execute the agreement, in
which case the Mayor shall provide the City Council with a copy of the executed
agreement at the City Council's next regularly scheduled meeting.
BE IT FURTHER RESOLVED, any agreement executed pursuant to this resolution
may be of duration of more than twelve months but shall not exceed sixty months.
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 pubic on "agenda items" only. There was no one who wished to speak.
BUSINESS BY DEPT. HEADS
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously
to consider business presented by Department Heads. No business was presented.
BUSINESS BY 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.
ADJOURNMENT
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously
to adjourn at 7:52 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Respectfully Submitted,
Carol L. Anderson CCTC
Asst. City Clerk
| 
