MINUTES
REGULAR MEETING
CITY COUNCIL & WPC AUTHORITY
OCTOBER 7, 2013
A REGULAR MEETING was held by the City Council & WPC Authority in the City Hall Auditorium on Monday, October 7, 2013.
Those in attendance included Mayor Gerald Zordan, Corporation Counsel Raymond Rigat, City Councilors Gregg Cogswell, Paul Samele, Drake Waldron, Marie Soliani, and Elinor Carbone. Also present were Police Chief Michael Maniago, Fire Chief Gary Brunoli, Fleet Manager Emil Castro, Mayoral Aide Timothy Waldron and Zoning Enforcement Officer Kimberly Barbieri.
Mayor Zordan called the meeting to order at 6:30 p.m. and welcomed the members of Boy Scout
Troop 3 to the meeting.
MINUTES
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to accept the minutes of the Public Hearing and Regular Meeting held September 23, 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. There was no one present who wished to speak.
ZONING BOARD OF APPEALS: M. Trivella, A. Diulio
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept the Mayor's appointment of Alternate Marc Trivella as a Regular Member, and Alan Diulio as an Alternate Member, of the Zoning Board of Appeals for 5 year terms expiring December 1, 2017.
BOARD OF ETHICS: M. Sartori, S. Roy
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept the Mayor's appointment of Michael Sartori and Sharla Roy as Alternate Members of the Board of Ethics.
TORRINGTON GATEWAYS PROJECT: Premier Landscaping
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted unanimously to accept the ZEO's recommendation to award the Torrington Gateways Project (Fed Proj #H173(002), CTDOT #143-182) to Premier Landscaping, LLC of Thomaston, CT in the amount of $215,641.28.
Ms. Barbieri explained this new contract was sent out for bid several times, as the first time only one bid was received for a substantially higher amount than what was budgeted for. A few changes were made, she said, and they sent it out for bid again. Mrs. Barbieri said the documents created by Fuss & O'Neil included incorrect wage rates from the Coe Park project. A request was submitted to the State for the prevailing wage rates but it did not arrive in time. The bids were opened, one was within their price range, and one was higher. She said the project was put on hold while they determined what should be done next and if the prevailing wage information that was supposed to be there would change anything. Mrs. Barbieri said the Department of Transportation and the Federal Highway Administration
both agreed with this but the Department of Labor was concerned. The contractor said he was willing to use the up-to-date prevailing wage rates and not change his base bid, she said, which seemed to make everybody happy.
Councilor Carbone asked if the Department of Labor is happy as well and Mrs. Barbieri said she believes that they are.
ADD SECTION B
On a motion by Councilor Cogswell, seconded by Councilor Soliani, the Council voted unanimously to add Section B to the agenda.
REGIONAL ANIMAL CONTROL VEHICLE
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept the recommendation of the Fleet Manager, Lt. Newkirk, and the Purchasing Agent to award the purchase of the Regional Animal Control Transport Vehicle to Shaker's Inc. of Watertown, CT in the amount of $43,476.00, having been approved by the Board of Public Safety on October 2, 2013.
Chief Maniago explained that while this was originally intended to replace their current vehicle, they have decided to keep the older vehicle as a back-up. He pointed out the new design features that allow multiple animal calls per trip.
Councilor Soliani asked about reimbursement from the other two towns. Chief Maniago said that Litchfield and Goshen will be sharing part of the costs on a per-capita basis.
PORTABLE FINGERPRINT SYSTEM
On a motion by Councilor Waldron, seconded by Councilor Samele, the Council voted unanimously to accept the Police Chief's recommendation to waive the bid process and purchase a portable fingerprint system in the amount of $10,600.00, funded by a Police Video Technology Grant, having been approved by the Board of Public Safety on October 2, 2013.
Chief Maniago said this portable, electronic Automated Fingerprint Information System machine is being fully funded by a grant. He said the machine can go out into the field, be utilized in the building outside of the cell block area and can transmit fingerprints electronically. He said this machine is the only one accepted by the State of CT, and is recommended by the FBI as being the most reliable.
TABLED: Salary Increase for City Clerk
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council considered a pay raise for the position Town & City Clerk per Article XIX of the Constitution of the State of Connecticut, tabled from September 23, 2013.
Mayor Zordan pointed out the figures listed on his information sheet that indicate what the City Clerk, Treasurer and Mayor would currently have in their salaries if they had received raises over the past few years. He said the City Clerk would be 8 ½ % higher, the Mayor 7.76% and the Treasurer would have been 17.52% higher than their current salaries. Mayor Zordan expressed his opinion that the Council owes it to these people to see that they receive raises on a regular basis as the other Department Managers have. Mr. Quartiero explained that although his term of office is for four years, his raise is for two years, to align with Council's term length. Mayor Zordan recommended a 4.25% raise for each of two years, starting January 2014.
Councilor Carbone said that by rounding it up to 5% for calculation purposes, it would equal $2800 per year. She noted that the first half of the calendar year was not included in the FY 2013/2014 budget, and wondered what line item could be found to cover this raise for that six month period. She said that Council needs to consider where these funds are going to come from, and asked if the raise could be made effective July 1, 2014. Mr. Quartiero said he didn't think it could. Councilor Carbone asked if a bump of $1400 or 4.25% could be issued starting July 1, 2014. Mr. Quartiero said Atty. Rigat would have to check the State Constitution.
Mayor Zordan asked each Councilor to state their thoughts on this matter.
Councilor Cogswell said he believes some raise for the City Clerk and Treasurer might be warranted but was thinking it should be 3% each year beginning when our budget year does. He was hoping for more clarification on whether it should be effective January 1st or July 1st. He said it's a shame these salaries can't mirror Management Resolution without a drawn out ordeal each time.
Councilor Samele said he was definitely looking to approve a salary increase for the City Clerk position and was looking at 4% for each year. He said he thinks the Council can come to a general consensus and agrees with Councilor Carbone that where the money is coming from needs to be considered.
Councilor Carbone requested a legal opinion on whether or not we can delay the implementation of the raise to July 1, 2014. She said she is comfortable with the 3% recommended by Councilor Cogswell but is open to more dialog about it.
Councilor Soliani agrees that that position really does need to get a raise this year. She said she is not so sure she agrees with Councilor Cogswell, but does agree with Councilor Samele. Councilor Soliani said this matter needs more consideration by this Council before we decide how much and when it can legally go into effect.
Councilor Waldron summarized that the Council is considering bringing this back to the next meeting with more details, more options. Mayor Zordan said the only other details that will be added will be whether or not it can be implemented on January 1st or July 1st or when the City Clerk is sworn in on December 2nd. Councilor Waldron said he would support the range of 4% even if it didn't start until July 1st with a retroactive pay from January 1st on.
Atty. Rigat asked that the question be put in writing. Mayor Zordan asked that this information be given to Council as soon as possible.
Councilor Soliani asked that a Special Meeting be called so she can vote on this matter, as she cannot attend the October 21st meeting. The Council members agreed.
Councilor Carbone moved to table this, seconded by Councilor Cogswell, and unanimously approved.
TABLED: Salary Increase for Treasurer
On a motion by Councilor Carbone, for discussion purposes only, seconded by Councilor Cogswell, the Council considered a salary increase for the position of City Treasurer per Article XIX of the Constitution of the State of Connecticut, tabled on September 23, 2013.
Councilor Carbone said she has the same thought, to see this position get this increase, but would like to have a legal opinion on whether it can be delayed to July 1st. She said she is thinking of a range of three to four percent.
Councilor Cogswell said he would like to hear whether it's going to be delayed or not and would be supportive of whatever is established for the City Clerk mirroring this position's increase.
Councilor Soliani agreed with Councilor Cogswell and said it should be kept in mind that these positions are elected and the position should be considered, not the people in them. She said she would be comfortable with the three to four percent range also.
Councilor Samele agreed and said he is on the same page. Councilor Waldron agreed as well.
Councilor Waldron moved to table this, seconded by Councilor Soliani, and unanimously approved.
TABLED: Salary Increase for Mayor
On a motion by Councilor Cogswell, seconded by Councilor Samele, the Council considered a salary increase for the position of Mayor per Article XIX of the Constitution of the State of Connecticut, tabled on September 23, 2013.
Councilor Soliani said she holds the same logic for all three positions.
Councilor Soliani moved to table this, seconded by Councilor Samele, and unanimously approved.
EXECUTIVE SESSION
On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to enter Executive Session at 7:02 p.m. inviting Corporation Counsel and the Mayoral Aide.
Councilor Samele left the meeting at 8:02 p.m.
OPEN SESSION
On a motion by Councilor Cogswell, seconded by Councilor Waldron, the Council voted unanimously to enter Open Session at 8:42 p.m.
ADD TO AGENDA
On a motion by Councilor Cogswell, seconded by Councilor Waldron, the Council voted unanimously to add three items to the agenda.
APPROVE AND RATIFY
On a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council voted unanimously to approve and ratify Corporation Counsel's filing an administrative appeal of the Freedom of Information Commission's order to disclose certain records in the matter captioned: Chief, Police Department, City of Torrington et.al. vs. Freedom of Information Commission, State of Connecticut, Docket #HHB-CV-13-6021794-S.
Mayor Zordan explained that this is the one that reporter Kevin Litten filed a year ago, and the motion is to oppose.
DEPOSITION DISCOVERY
On a motion by Councilor Carbone, seconded by Councilor Soliani, the Council voted unanimously to approve Corporation Counsel's request to expend up to $20,000 for purposes of conducting deposition discovery in a lawsuit filed by the Tax Collector against the City of Torrington captioned: Robert T. Crovo vs. City of Torrington, Docket #LLI-CV-13-6009273-S, subject to Board of Finance approval.
Atty. Rigat explained that the City has been served with a lawsuit alleging a breach of contract, and is beginning the process of discovery. He said we are now starting defense of this matter which we take very seriously. He said the deposition process is expensive and lengthy but needs to get done because the public trust and confidence is at stake in a very serious matter.
FORENSIC AUDIT OF TAX COLLECTOR
On a motion by Councilor Soliani, seconded by Councilor Carbone, the Council voted unanimously to approve Corporation Counsel's request to expend up to $99,000 for purposes of a forensic audit of the financial records and books of the Torrington Tax Collector, subject to Board of Finance approval.
Mayor Zordan said that lately there have been a lot of allegations of misconduct in the Tax Collector's office, and of things not being done properly. He said we take these allegations very seriously and we will get to the bottom of this. A good start is by a forensic audit, he said.
Councilor Cogswell urged passage saying this is a public tax collection office and we have a right to know about taxpayer dollars. He said he believes this audit will go in the right direction to ensure that the office is following State Statutes and serving the public.
Councilor Carbone said she feels very strongly that this is a fiduciary responsibility that Mr. Crovo has been charged with, and of late there have been considerable complaints about the question of his integrity in pursuit of that fiduciary responsibility. She also urged Council to approve this motion.
Councilor Soliani said she agrees with her two colleagues and feels that this has been coming for years. She said she is so proud that it is this Council that has finally decided to move ahead and added that the City of Torrington and the taxpayers of Torrington have a right to know exactly what's happening with their money.
Councilor Waldron agreed that because of the discrepancies in the Tax Collector's Office and the public's lack of confidence, we need to investigate, make some corrections and give the people what they want.
Atty. Rigat addressed a misconception in Torrington saying it is a misnomer to refer to the Tax Collector as a Private Tax Collector. He said the position is a Municipal Tax Collector operating under an assessment guarantee contract that was first established by a Special Act of the Legislature in 1923. He said the Tax Collector is a public position of trust. He agreed with Councilor Carbone that it is a fiduciary obligation that is very serious. He said this is not a private office where one gets to do what they want without any oversight by the community, City Council or the Board of Finance. Atty. Rigat said an audit of all activities is absolutely essential in defense of his lawsuit, but regardless of that, the people of Torrington have an absolute right to look at the books.
OPEN TO THE PUBLIC, AGENDA ITEMS ONLY
On a motion by Councilor Cogswell, seconded by Councilor Carbone, 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 Carbone, seconded by Councilor Waldron, the Council voted unanimously
to consider business presented by Department Heads.
Mr. Quartiero read from Article 19 of the State Constitution, saying he thinks the salary increase may be retroactive to January 1st. He said he checked with the Comptroller and learned there is a $5000 reserve for salary increases in this fiscal year that has always been in the budget in case someone gets a raise. He further noted that there is $15,000 available due to the two month's salary that Mayor Zordan declined.
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.
All Councilors welcomed Mayor Zordan to his new position.
Mayor Zordan said the Tax Collector situation needs to be resolved and we need to find out whether the allegations are correct. He thanked everyone for their well wishes.
ADJOURNMENT
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously
to adjourn at 9:02 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC CITY CLERK |
Respectfully Submitted, Carol L. Anderson CCTC Asst. City Clerk |
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