MINUTES
PUBLIC HEARING
CITY COUNCIL & WPC AUTHORITY
September 23, 2013
A PUBLIC HEARING was held by the City Council & WPC Authority in the City Hall Auditorium on Monday, September 23, 2013 to consider amending Torrington Code of Ordinances Chapter 75, Section 3A, Alcoholic Liquor, Exceptions to allow the sale and consumption of beer in Fuessenich Park as stated in the Legal Notice dated Sept. 10, 2013.
Those in attendance included Mayor Ryan Bingham, Corporation Counsel Raymond Rigat, City Councilors Gregg Cogswell, Paul Samele, Drake Waldron, Gerald Zordan, Marie Soliani and Elinor Carbone.
Before starting the Public Hearing, Mayor Bingham invited the Torrington High School Summer Interns who worked for the City to receive their Certificates of Appreciation. Elderly Nutrition Supervisor Joel Sekorski recognized Sarah Carr and Anna Zamkovsky. Economic Development Director Rose Ponte recognized Dylan Armstrong, Jonathan Cruz, Adonys Langual and Luigi Ocasio. Mayor Bingham recognized Johanna Craig.
Mayor Bingham called the public hearing to order at 6:30 p.m.
City Clerk Joseph Quartiero read the legal notice.
Speaking against beer in Fuessenich Park, Mr. John Schnyer of 83 Millard St. in Torrington said he has worked in Fuessenich Park as a city employee and does not think drinking is necessary at the park. He read one of the park gate's inscriptions that referred to providing youth with good, wholesome recreation.
Mr. Patrick Richardson of 122 Spring St. in Torrington spoke against beer in Fuessenich Park by describing an area Little League game he attended where attendees became increasingly animated and boisterous due to the presence of alcohol. He said the sportsmanship and positive atmosphere was replaced with negativity and the berating of officials, and urged the City and Titans work to find other revenue sources.
Mr. J. Thomas Ferrarotti of 119 Kinney St. in Torrington spoke in opposition to beer at Fuessenich Park, and noted that Torrington residents are opposed to this. He pointed out that the Titans are a for-profit business from Southbury, CT that would be the only one to benefit from this ordinance change, and objected to the favoritism being shown them. Mr. Ferrarotti said his concern is for the City of Torrington's liability.
Mr. Jeff Nicholas of Bethlehem, CT, who works at 373 Prospect Street in Torrington, spoke in favor of allowing beer sales at Fuessenich Park. He noted that there are 113 establishments in Torrington that are licensed to serve alcohol, including family-friend restaurants. Mr. Nicholas said that beer has been actively associated with baseball for decades. He said the management of the Titans has an impeccable history of safe management of franchises where beer has been served. Mr. Nicholas said that baseball franchises are not sustainable without beer sales and responsible adult fans should be able to enjoy a beer when they are watching a game. He said the Titans should be given an opportunity to succeed in Torrington just like the other businesses that are able to legally sell beer.
Speaking in favor of beer in Fuessenich Park, Mr. Nathaniel Walden of 28 Field St. in Torrington pointed out that the Titans are an important part of the fabric of this community and they need every string of revenue available to continue to flourish.
Mr. Mickey Bonaserra of 888 Main St. in Torrington spoke against beer in Fuessenich Park and said there has been no drinking in Fuessenich Park for 80 or 90 years and children idolize the collegiate players. He said there's no need for drinking there.
Mr. Jerry Edelwich, a resident of Middletown, CT, who works in Torrington, spoke in favor of beer in Fuessenich Park, agreeing with Mr. Schnyer that there is a time and a place for drinking, and that place is a baseball stadium because baseball and beer go together. He said that people who are responsible, mature and of-age deserve the option of enjoying a beer at a ball park.
Mr. Alan Temkin, of 178 Ledge Dr. in Torrington, spoke in favor of beer in Fuessenich Park and noted that Council can always cancel this if it doesn't work and that we need every income stream we can get.
Mr. Alan Seraita, a of Mt. Kisco, NY, and President/General Partner of the Torrington Titans spoke in favor of beer at Fuessenich Park, noting that many quality control devices will be in place to prevent problems from happening. As Principle Owner of the Titans, he said this will not be a money-maker and he understands the concerns but would like the opportunity to show Torrington that he can do this. He added that he feels it is discriminating to not allow the Titans to serve beer when 113 other places do.
Mr. Marc Klee of New Rochelle, NY, and Senior Vice President of the Titans spoke in favor of beer at Fuessenich Park by saying that the people of Torrington love baseball and that the family atmosphere is not diminished by beer.
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 and noted that baseball is an economic driver for the community.
Hearing and seeing no one else who wished to speak, Mayor Bingham closed the public hearing at
7:20 p.m.
AMEND ORDINANCE 75-3a: Alcohol Liquor, Exceptions
On a motion by Councilor Zordan, seconded by Councilor Soliani, the Council voted 5/1, by roll call vote, to amend Torrington Code of Ordinances Chapter 75, Section 3A, Alcoholic Liquor, Exceptions to allow the sale and consumption of beer in Fuessenich Park as stated in the Legal Notice dated Sept. 10, 2013. Councilor Carbone voted in opposition.
ADJOURNMENT
On a motion by Councilor Cogswell, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:22 p.m.
_____________________________________________________________________________________________________________________________
MINUTES
REGULAR MEETING
CITY COUNCIL & WPC AUTHORITY
September 23, 2013
A REGULAR MEETING was held by the City Council & WPC Authority in the City Hall Auditorium on Monday, September 23, 2013.
Those in attendance included Mayor Ryan Bingham, Corporation Counsel Raymond Rigat, City Councilors Gregg Cogswell, Paul Samele, Drake Waldron, Marie Soliani, Gerald Zordan, and Elinor Carbone. Also present were City Engineer Ed Fabbri, Comptroller Alice Proulx, Purchasing Agent Pennie Zucco, Economic Development Director Rose Ponte and Public Works Director Jerry Rollett.
Mayor Bingham called the meeting to order at 7:28 p.m.
MINUTES
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted unanimously to accept the minutes of the Regular Meeting held Sept. 9, 2013, adjourned from Sept. 3, 2013.
OPEN TO THE PUBLIC
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to open the meeting to the public.
Mr. Ed Arum of 2291 Torringford W. St. suggested the Council accept the State grant for the High School Athletic Fields and asked that two members be considered for the Building Committee mentioned in Agenda Item #10, namely Mr. Mike Fritch, a teacher and coach, and Mr. Paul O'Heron who worked on the turf committee. He further recommended that Public Works Director Jerry Rollett be moved to an Ex-Officio status and that Mr. Glenn Aeschliman be added as another Ex- Officio member.
CONTINGENCY FUND TRANSFER – Main St. Realignment
On a motion by Councilor Zordan, seconded by Councilor Waldron, the Council voted unanimously to approve a transfer of $40,000 from contingency line item 0010.0047.5652.0000 to Fund 279, Main St. Realignment, for the City portion (20%) of the costs associated with the expansion of the limits of the streetscape project, having been approved by the Board of Finance at an earlier meeting.
BUDGET TRANSFERS
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to authorize budget transfers for fiscal year 2012/2013 as listed in the Comptroller's two memos of Sept. 16, 2013, and Sept. 19, 2013, having been approved by the Board of Finance at an earlier meeting.
POLICE RADIO LEASE
On a motion by Councilor Zordan, seconded by Councilor Soliani, the Council voted unanimously to accept the Comptroller's recommendation to enter into a five-year lease agreement with Municipal Leasing Consultants for the upgrade to the police radio communications system in the amount of $279,561.73, having been approved by the Board of Finance at an earlier meeting.
COE PARK HORTICULTURAL SERVICES
On a motion by Councilor Soliani, seconded by Councilor Carbone, the Council voted unanimously to
accept the recommendation of the Purchasing Agent and Parks & Recreation Supervisor to authorize the Mayor to award a multi-year contract, renewable annually, to Still River Gardens, LLC of Litchfield, CT for Horticultural Services in Coe Memorial Park in the amount of $84,608. Mayor Bingham thanked the committee made up of members of City Council, Parks & Recreation, the Coe Memorial Park Committee and members of city staff.
PLUMBING AND REPAIRS
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to
accept the recommendation of the Purchasing Agent to authorize the Mayor to award a contract for general plumbing and related repairs to West State Mechanical, Inc. of Litchfield, CT at a rate of $88.00 per hour for Journeyman and $55.00 per hour for Apprentice.
HVAC MAINTENANCE AND REPAIRS
On a motion by Councilor Cogswell, seconded by Councilor Waldron, the Council voted unanimously to
accept the recommendation of the Purchasing Agent to authorize the Mayor to award a contract for maintenance and repair of HVAC equipment to Tradesmen of New England, LLC of Bloomfield, CT at a rate of $72.00 per hour for Journeyman.
RESOLUTION: THS Athletic Field Complex
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to adopt the following resolution authorizing the Mayor to execute a Personal Services Agreement with the State of CT for financial assistance to complete improvements to the athletic field complex at THS:
RESOLVED, that Ryan J. Bingham, Mayor of the City of Torrington be and hereby is
authorized to execute on behalf of this municipal corporation a Personal Services
Agreement with the State of Connecticut for financial assistance to complete
improvements to the athletic field complex located at Torrington High School,
project agreement number CUAP 2014-02.
IN ADDITION, that Ryan J. Bingham, Mayor of the City of Torrington, is hereby
authorized to enter into such agreements, contracts and execute all documents
necessary to said grant with the State of Connecticut.
BUILDING COMMITTEE: THS Athletic Field Complex
On a motion by Councilor Cogswell, seconded by Councilor Samele, the Council considered the approval of Mayoral appointments to a Building Committee to administer and oversee the grant for the THS athletic field complex improvements. Mayor Bingham explained that the Board of Education did recommend a list of names and he wanted to take those names who served on the turf committee prior to this award with city staff added in.
Councilor Cogswell said if the Mayor feels these names are appropriate, he is willing to go along with that, but it isn't his suggestion. Mayor Bingham said his only caveat is that the committee be a smaller group that is willing to work, is more likely to be faster paced, and to try to limit the size as best we can.
Councilor Soliani noted that this committee will most likely be seated with the next Mayor after the Election, and suggested that Mike Tyler, Eric Baim and Mike Fritch be made voting members rather than Ex-Officio since they have so much to bring to the table. Mayor Bingham said he wants to make the committee as efficient as possible. Councilor Soliani added that Tim Waldron should be changed to "Assistant to the Mayor."
City Clerk Quartiero questioned the minority representation on this committee.
(*note: It was learned after the meeting that CGS 9-167a does apply to this committee)
Councilor Carbone said her only concern with additional names is that it will result in 17 members, and committees become unwieldy when they are that large. Mayor Bingham added that it becomes difficult to attain a quorum.
Councilor Soliani said that some people are more knowledgeable about this project work than others.
Councilor Carbone said she agreed but has confidence that those people named on this committee will reach out to those who have more expertise and use them as resources. She said she agrees that Mr. O'Heron and Mr. Aeschliman are long-standing, very dedicated people in our community when it comes to athletics but her concern is that if names are added to this list it will be come unwieldy. Councilor Carbone agreed with Councilor Soliani's suggestion that Tim Waldron's position on the committee be entitled "Assistant to the Mayor." She stated that she prefers to go with the list as presented to Council.
Mayor Bingham said that is the motion on the floor.
With Councilor Soliani opposed, the Council voted 5/1 to approve the following appointments by the Mayor for a Building Committee to administer and oversee the grant for the THS Athletic Field complex improvements:
Regular Members: Ex-Officio Members:
Ed Arum Mario Longobucco Alice Proulx
Scott Rosengrant Tim Waldron Michelle Cook
Mike McKenna Paul Denza Mike Tyler
Jerry Rollett City Councilor TBD Eric Baim
Dave Bascetta Brd of Ed Member TBD Mike J. Fritch
RESOLUTION: CCM Energy Solar PV Program
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to adopt the following resolution approving the City's participation in the CCM Energy Solar PV Program and authorizing the Mayor to execute the Participation Agreement:
RESOLUTION FOR CITY OF TORRINGTON
PARTICIPATION IN CCM ENERGY PROGRAM
BE IT RESOLVED, the City of Torrington hereby approve participation in the CCM
Energy Solar PV Program with the understanding that:
1. CCM and Bay State Consultants will manage a competitive process to
procure and negotiate a contract with a solar development company
to purchase electricity and / or virtual net metering credits;
2. The solar development company will design, build, install, own, operate
and maintain a photovoltaic electric generation system at the company’s
expense;
3. No capital investment will be required by the City of Torrington;
4. The solar PV system will supply electricity and/or virtual net metering credits
to be used by specified municipal facilities for a term up to 20 years;
5. The entire process from site selection to final contract negotiation is expected to encompass an 8 to 12 month period;
6. Provided the City of Torrington agree to complete a good faith review of any recommended solar power purchase agreement or solar virtual net metering agreement, CCM and Bay State Consultants are willing to undertake this 8 to
12 month effort at risk and without compensation unless and until the City of Torrington elects in its sole discretion to execute a solar power purchase agreement or a solar virtual net metering agreement that has been procured
and negotiated by CCM and Bay State Consultants;
BE IT FURTHER RESOLVED, and following review of the CCM Energy Solar PV
Program Participation Agreement, the City Council authorizes the Mayor to execute the
Participation Agreement on behalf of the City of Torrington.
DEMOLISH 40 RED MOUNTAIN AVE.
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize the Mayor to enter into an agreement on behalf of the City to demolish the burnt house structure and retire water service on the premises of 40 Red Mountain Ave.
ADD SECTION B
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to add Section B to the agenda.
SECTION B
8-24 REFERRAL: Acquisition 100 Franklin St.
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to send the project entitled "Acquisition of Property at 100 Franklin Street", as described in the Economic Development Director's Memo dated September 20, 2013, to the Planning & Zoning Commission for an 8-24 referral. Mayor Bingham explained that the homeowner is in the process of clearing her tax liability and that this is a great piece of property downtown. He said he envisions some park opportunities and additional parking. He added that he is not concerned about potential environmental liabilities and that his successor should carry on with this project as it is a wonderful piece of property with a good opportunity to access the river and highlight an area of town that is starting to show some signs of life.
Councilor Zordan said he is uncomfortable accepting a property that still has pollution. Councilor Soliani agreed. Mayor Bingham explained we are not taking title now, but rather sending it to Planning & Zoning for an 8-24 referral, which will then return to City Council if approved.
Mrs. Ponte gave a history of the property and explained that demolishing the building remediated a lot of the Brownfield that was on it, eliminating about ¾ of the potential liability. She explained how the brownfield remediation revolving loan fund works, and pointed out that this area has had an enormous amount of growth in a short amount of time.
EXTRA TOTER: 31 Briar Ln.
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to approve a refund of $93.78 for an extra toter for 31 Briar Lane.
BUILDING DEPT. REPORT
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept the Building Dept. Report for August 2013. Councilor Zordan noted that it is great to see the amount of building activity, dollar-wise, is over double what it was last year.
TABLED: Salary Increase for Mayor, Treasurer and City Clerk
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council considered a pay raise for the positions of Mayor, Town & City Clerk, and Treasurer per Article XIX of the Constitution of the State of Connecticut.
Councilor Cogswell asked if the three increases need to be approved at once. Mayor Bingham said no, but the vote must be taken prior to the Election. Councilor Cogswell asked if it can be stipulated that they do not go into effect until the next budget season. Mr. Quartiero said the salaries start in January when the new office is taken.
Mr. Quartiero explained his request saying this is the only mechanism for a salary increase afforded to these positions by the State Constitution. He said he has no collective bargaining rights and must ask for an increase from a Council that he has been in office with for two years. Mr. Quartiero said that the managers of the City received a 3% and 2% salary increase for the last two years respectively and noted that he is the manager of the City's highest volume department, having more interaction with Torrington residents than any other, and that he has 20 years' experience. He said his last two requests for salary increase have been denied, even though he is the longest serving Department Head in the City with the exception of the Senior Center position. Mr. Quartiero said he is the lowest paid Department Head in the City.
Being elected to do my job, Mr. Quartiero said, he takes his work seriously and is very proud of his accomplishments, improving the City Clerk's quality of service as well as making tremendous efforts to aid other departments and city projects. He said he is proud of the staff that he supervises, and the modernization that he has installed in the Clerk's Office.
Mr. Quartiero said he is not requesting special treatment but rather the same respect and recognition that every other City Manager has been afforded, and is just asking for equality. He said being elected does not negate the fact that he is a Department Head and a very proactive one. There are only five towns in the State that do "eRecording," he said, and Torrington is one of them because he is not afraid to venture into the technology world. He said he has done more for the City Clerk's Office than any of
his predecessors and it shows in the office where he has done a lot of work in 20 years including the restoration of more than 400 volumes of records within budget constraints and keeping the busiest department in the City running smoothly with minimum staff.
Mayor Bingham said this is a tough time to be making decisions like this, but noted that it is a reasonable thing to ask. Mr. Quartiero said a 3% raise would be $1690 per year or $6.50 a week and a 5% raise would be $2817 per year or $10.83 a week.
Councilor Zordan asked if the amounts being voted on are known. Councilor Cogswell said the figures are only for the City Clerk position, with nothing for the Treasurer and nothing for the Mayor.
Mr. Quartiero said the comparison to other cities shows the average Town Clerk salary is $68,000, whereas his is $56,000. He said that giving him a 3% increase would bring his salary up to $58,045 and a 5% increase would bring it up to $59,172.
Councilor Carbone asked that all three numbers be presented to City Council at the next meeting. Mayor Bingham said they will be given a percentage breakdown, with each percentage and its cost for each position. Councilor Cogswell requested they be broken down into separate votes when they are brought back before the Council.
On a motion by Councilor Carbone, seconded by Councilor Soliani, the Council voted unanimously to table the salary increase vote.
APPOINT MAYOR
On an amended motion by Councilor Cogswell, seconded by Councilor Carbone, the Council considered the appointment of a member of the City Council who is also a member of the Republican Party to serve as Mayor from October 1, 2013 to December 2, 2013.
On a motion by Councilor Carbone, seconded by Councilor Cogswell, the Council voted unanimously to appoint Gerald A. Zordan as Mayor from October 1, 2013 to December 2, 2013. Councilor Zordan said he would accept the appointment and abstained from the vote.
Councilor Cogswell and Mayor Bingham said this is a great choice, Councilor Zordan will do a great job.
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 Soliani, the Council voted unanimously
to consider business presented by Department Heads.
Mrs. Ponte thanked Mayor Bingham for all he has done for this City and said it has been a pleasure to serve under him.
BUSINESS BY MAYOR AND COUNCIL
On a motion by Councilor Cogswell, seconded by Councilor Samele, the Council voted unanimously
to consider business presented by the Mayor and members of the City Council.
All Councilors thanked the Mayor for his years of service and wished him well.
Councilor Zordan thanked his fellow Councilors for their confidence in him and noted that the role of government is to improve or maintain the quality of life in its community including the creation of higher-paying jobs, maintaining safety, keeping taxes low, insuring a good education for young people and maintaining an infrastructure we can live with. He said that although he has successfully run businesses for over 35 years, running government like a business is not realistic as business is simpler and government is more complex. He said he sees his role as that of keeping things running smoothly until the next administration is in place.
Mayor Bingham said he wouldn't trade a minute of the past eight years for anything in the world. He thanked the Council for their support and commended them for their lack of bickering and party politics which is a testament to the kind of people they are. He said he is proud to have served with all of them.
ADJOURNMENT
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously
to adjourn at 8:19 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Respectfully Submitted,
Carol L. Anderson CCTC
Asst. City Clerk
| 
