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Minutes 07/06/2015
MINUTES                                                                         
REGULAR MEETING
CITY COUNCIL & WPC AUTHORITY
July 6, 2015

A REGULAR MEETING was held by the City Council & WPC Authority in the City Hall Auditorium on Monday, July 6, 2015.

Those in attendance included Mayor Elinor Carbone, Corporation Counsel Raymond Rigat, City Councilors Paul Cavagnero, Anne Ruwet, Drake Waldron, Gregg Cogswell and Christopher Anderson.  City Councilor Paul Samele was absent.  Police Chief Michael Maniago, Comptroller Alice Proulx, Deputy Comptroller Gina Casper and Purchasing Agent Pennie Zucco were also present.

Mayor Carbone opened the meeting at 6:30 p.m. starting with the Pledge of Allegiance.

MINUTES
On a motion by Councilor Waldron, seconded by Councilor Anderson, the Council voted unanimously to accept the minutes of the Public Hearing and Regular Meeting held on June 1, 2015.

On a motion by Councilor Cogswell, seconded by Councilor Anderson, the Council voted unanimously to accept the minutes of the Special and Telephonic Meeting held June 4, 2015.  Councilors Ruwet and Cavagnero abstained.

On a motion by Councilor Waldron, seconded by Councilor Anderson, the Council voted unanimously to accept the minutes of the Regular Meeting held June 15, 2015.  Councilor Cogswell abstained.

On a motion by Councilor Ruwet, seconded by Councilor Cogswell, the Council voted unanimously to accept the minutes of the Special and Telephonic Meeting held June 25, 2015.  

OPEN TO THE PUBLIC
On a motion by Councilor Anderson, seconded by Councilor Ruwet, the Council voted unanimously to open the meeting to the public.  There was no one present who wished to address the Council.

APPTS:  Services for the Elderly
On a motion by Councilor Anderson, seconded by Councilor Waldron, the Council voted unanimously to accept the Mayor’s re-appointment of Annette Caputi to the Services for the Elderly Commission for a second 3-year term to expire July 6, 2018.

On a motion by Councilor Waldron, seconded by Councilor Anderson, the Council voted unanimously to accept the Mayor’s appointment of Alternate Ray Aeschliman as a Regular member of the Services for the Elderly Commission to complete a 3-year term to expire July 6, 2016 vacated by Martin Boyajian.

On a motion by Councilor Waldron, seconded by Councilor Anderson, the Council voted unanimously to accept the Mayor’s appointment of Dora LaMere as an Alternate on the Services for the Elderly Commission to fill a position vacated by Ray Aeschliman upon his resignation June 2, 2015.

DISCUSSION: Board of Education Audit
On a motion by Councilor Cavagnero, seconded by Councilor Ruwet, the Council considered an independent audit of the Torrington Board of Education.  Mayor Carbone read a memo describing what the Council is hoping to accomplish and how best to proceed.  She noted that her goal is to undertake a feasibility study regarding the combination of the financial offices for both the Board of Education and the City.  Mayor Carbone said this idea was first discussed in Blue Ribbon Commission meetings in 2011, when they were considering the relocation of Board of Education offices into City Hall.  This is a concept whose time has come, she said.

Mayor Carbone noted that the FY 15/16 contingency line item was increased to accommodate   feasibility study funding, but if both the Board of Education audit and a feasibility study are to be done, additional funding will have to be found.  She said that early projections on the close of the FY14/15 budget indicate that funds are available for both.

Mayor Carbone noted that Blum Shapiro does an annual Single Audit Report containing compliance requirements of GASB as it relates to internal controls.  She said that Blum Shapiro states that the report was for a limited purpose, not designed to identify all deficiencies in internal control, and that material weaknesses may exist that have not been identified in their audit process.  Mayor Carbone noted that the Single Audit Report presents only a selected portion of the operations of the City of Torrington, and is not intended to present the financial position, changes in fund balance, or changes in net positions or cash flow.

Mayor Carbone said that the City of Torrington is an organization comprised of both the Board of Education and the City.  She said that while the City and the Board of Education share financial software, there are certain operations that are conducted separately, files and documentation that are not accessible to City staff and procedures that may not be consistent with the City’s policy and procedures.  Conducting an audit of the Board of Education financial records will help us to identify any deficiencies     and provide us an opportunity to correct procedures and accounting practices, and provide a solid foundation for potential consolidation of the two Departments.  

Mayor Carbone said she sees this as a two-step process beginning with an audit of the Board of Education financial records and then an analysis and plan development of operations consolidation of the City’s and the Board of Education’s business offices, if it is determined to be in the best interest of the City to do so.  Mayor Carbone said these are two separate undertakings with two separate funding sources identified for them.

Councilor Cavagnero said the independent audit should look at how money was allocated during the budget process and how it was actually spent.  He said he doesn’t feel confident that he knows this.
He read newspaper articles citing concerns that more money was spent than was budgeted for and explained that the audit’s purpose is to discover where the City is actually spending its money in the Education budget.  He said that when a budget of that size is allocated, money is pulled away from infrastructure, sidewalks, Police equipment and other services.  Councilor Cavagnero said the newspapers contain stories about money that is not accounted for and practices that are not in place.  He suggested the audit go back over a two or three-year period, and that the auditors should not have any ties to anyone in the City.

Councilor Ruwet noted that $50,000 was built into the budget for a feasibility study, and remarked that we have elected officials on the Board of Education who have fiduciary responsibility of budget oversight.  She said she is looking forward to seeing more efficiencies with a combination of services between the City and Board of Education.

Councilor Cavagnero said that the shared services that have been discussed for 12 years will not get to the root of the problem.

Mayor Carbone clarified that $50,000 for a feasibility study was added to the FY15/16 budget, but FY14/15 contingency funds could cover the expense of an independent audit.  

Councilor Cavagnero said the Council first needs to agree to have an independent audit, and then he’d like to hear from our Comptroller on what the scope of service should be.  Mayor Carbone said she’d prefer to see this put out to bid.

Councilor Cogswell said he supports the audit idea and asked that the Board of Finance be included in the decision.  He said that combined business operations between the Board of Education and the City would be the right thing to do.

Councilor Anderson pointed out that auditors are independent and provide a single audit every year.
He recommended that Council define their terms before going out to bid because a full, independent financial audit may not be necessary.  He said the City already has most of the information through the audit already provided by Blum Shapiro.  Councilor Anderson explained that reviewing the internal controls of the Board of Education was outside of the scope of what Blum Shapiro was hired to do, and issuing an opinion about the internal controls is not required by OMB Circular A-133.   He recommended that the feasibility study consider the internal controls and add them to the agreed upon procedures.  He said that considering our management structure, our staffing levels and our procedures is a good place to be looking at those internal controls.

Mayor Carbone verified that Councilor Cavagnero would like to ensure that all of the Board of Education accounting is accurate.  Councilor Cavagnero agreed that he would like to see a real snapshot of where this City has been spending its money, particularly one that is not presented by the Board of Education business office.  He said he feels an audit will be a true anatomy of what we’re doing as a public education system.  

Mayor Carbone verified that Councilor Cogswell desires a joint meeting with the Board of Finance to see if they can identify funding sources for an audit, and whether or not they share the Council’s desire to see an audit done.  She said she intends to proceed with the feasibility study, and that the question now before Council is about the audit.

Mayor Carbone clarified that the motion on the floor was merely to open this matter up for discussion.  She offered to set up a joint meeting with the Board of Finance on August 3rd to continue the dialogue, with recommendations and a preliminary scope of services for the audit.  

COE MEMORIAL FUND BUDGETS
On a motion by Councilor Waldron, seconded by Councilor Anderson, the Council voted unanimously to approve Coe Memorial Fund Operating and Capital budgets as approved by Coe Memorial Park Committee on January 28, 2015 and the Park and Recreation Commission on February 4, 2015.  Mayor Carbone explained that the funding for this budget comes from a Trust and is held in a separate account.

ADD TO AGENDA
On a motion by Councilor Anderson, seconded by Councilor Ruwet, the Council voted unanimously to add Section B to the agenda.
        Section B
        APPTS: Conservation Commission
        On a motion by Councilor Anderson, seconded by Councilor Cogswell, the Council voted unanimously to accept the Mayoral  
        appointment of Christopher Rabago (R) to the Conservation Commission for a 3-year term to expire Sept. 5, 2015.
        
        POLICE DEPT. HVAC
        On a motion by Councilor Ruwet, second by Councilor Cavagnero, the Council voted unanimously to waive the bid process   
        and hire Van Zelm, Heywood & Shadford, Inc. of Farmington CT for consultation services for the HVAC study at the Police         
        Department, as specified in their letter dated June 24, 2015.

        CT SMALL CITIES COMM. DEV. BLOCK GRANT
        On a motion by Councilor Cogswell, seconded by Councilor Anderson, the Council voted unanimously to adopt the following         
        resolution amending the Program Income Plan that was adopted for the original activity that generated the Program Income                to permit the funding of additional activities from that Program Income:

        Whereas, the City of Torrington has received funds under the Connecticut Small Cities Community Development Block Grant         
        (CDBG) Program, administered by the State of Connecticut, Department of Housing, pursuant to Title I of the Housing and         
        Community Development Act of 1974 as amended; and

         Whereas, the City of Torrington has expended those funds pursuant to Title I of the Housing and Community Development  
        Act of 1974, the Code of Federal Regulations, and the Assistance Agreement, and,

        Whereas, those funds received by the City of Torrington have generated Program Income.

         NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNCILMEN:

        1.      That it is cognizant of the conditions for the use of Program Income as prescribed by Title 24, Part 570, Section 489(e)                of the Code of Federal Regulations.
        2.      That it realizes Program Income is governed by Title I of the Housing and Community Development Act of 1974.
        3.      That it may use Program Income only for the following activities:
                a)      The activity that generated the program income if the activity continues to meet the requirements of Title I of the             Housing and Community Development Act of 1974.
                b)      Any additional activity that meets the requirements of Title 1 of the Housing and Community Development Act if                  the Town receives DOH’s written approval to fund it with Program Income.
        4.      That it may use Program Income to fund Administrative and Program soft costs within the following limits:
                Administrative Costs                                    8%
                Total Administrative and Program Soft Costs             12%
                (Housing Rehabilitation Activities Only)
                Total Administrative and Program Soft Costs             20%
                (All Activities Except for Housing Rehabilitation)
        5.      That it is hereby amending the Program Income Plan(s) that was adopted for the original activity that generated the                     Program Income to permit the funding of additional activities from that Program Income.

        `Mayor Carbone said there were no public comments submitted during the two-week posting period.  

        BLIGHTED PROPERTY
        On a motion by Councilor Waldron, seconded by Councilor Anderson, the Council voted unanimously to authorize                    Corporation Counsel to initiate legal action to abate the nuisance on the property at 408/412 Main St.  Atty. Rigat explained           that the time has come to seek the protection of the Court to get that property cleaned up.  Mayor Carbone added that the               property is more than just an eyesore, it is a dangerous situation.
end section B

SMALL CITIES
On a motion by Councilor Anderson, seconded by Councilor Cogswell, the Council voted unanimously to authorize the following transfers into the City’s Housing Rehab Escrow Account Fund #277:
Invoice #            Date                  Amount                  Description                 From Fund
14-SC-25        06/18/2015              $     800.00            Project 143-371 271             
14-SC-24        06/18/2015              $  8,311.00             Project 143-351 271             
14-SC-26        06/18/2015              $13,987.00              Project 143-343 271
14-SC-27        06/18/2015              $   2,250.00            Project 143-342 271
14-SC-23        06/18/2015              $17,199.00              Project 143-351 271
14-SC-22        06/18/2015              $14,855.00              Project 143-342 271
14-SC-21        06/18/2015              $  3,690.00             Project 143-385 271
14-SC-20        06/18/2015              $  8,430.00             Project 143-358 271
14-SC-19        06/18/2015              $  7,319.00             Project 143-327 271
13-SC-53        06/18/2015              $36,296.00              Project 143-348 270
13-SC-54        06/18/2015              $  1,641.00             Project 143-339 270
13-SC-55        06/18/2015              $31,384.00              Project 143-327 270

BUILDING DEPT.
On a motion by Councilor Waldron, seconded by Councilor Anderson, the Council voted unanimously to to accept the Building Dept. Report for May, 2015.

BUSINESS BY DEPT. HEADS
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to consider business presented by Department Heads.  No business was presented.

BUSINESS:  MAYOR & MEMBERS
On a motion by Councilor Anderson, seconded by Councilor Cogswell, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.

Councilor Cavagnero noted that the upcoming decision on the Board of Education audit should be made by the elected board, City Council, as they are accountable to the taxpayers of Torrington.  Mayor Carbone said our Charter is specific as to what the Board of Finance role is, and she will look into it.

Councilor Waldron announced the upcoming Fireworks celebration on July 11th.

Mayor Carbone welcomed the Boy Scouts in attendance, working on their Communications Merit Badge.

ADJOURNMENT
On a motion by Councilor Anderson, seconded by Councilor Cavagnero, the Council voted unanimously to adjourn at 7:23 p.m.


ATTEST:  JOSEPH L. QUARTIERO, CMC
                 CITY CLERK



Carol L. Anderson, MCTC, CMC
Asst. City Clerk