City of Torrington MEETING MINUTES
2011 Charter Revision Commission January 18, 2012
Present were Chairwoman Elinor Carbone, Vice-Chairman Vic Muschell, Secretary James Steck, and Commissioners Bill Battle, Marie Soliani, Jim Thibault, Gerry Zordan and Debra Brown. Corporation Counsel Ernestine Weaver was also present at the meeting. Commissioner James McKenna was absent.
The City of Torrington 2011 Charter Revision Commission (the “Commission”) opened its meeting at approximately 5:05 p.m. in the Room 215 at City Hall, Torrington.
The Agenda for this meeting read as follows:
- Approve minutes of the January 4, 2012 meeting;
- Public Comment and Participation – (3 minutes per speaker);
- Discussion / Review list of proposed recommendations;
- Old business;
- New business;
- Adjournment.
(Agenda Item #1) Approve minutes
Elinor Carbone suggested a correction to the minutes under Agenda Item #3, informing the Commission that what she had discussed about the Stratford Tax Collector was that the 96.6% collection rate was the sum of the total “outstanding back taxes plus current taxes.” Jim Thibault sought clarification, and the Commission decided to table approval of the minutes pending further discussion.
(Agenda Item #2) Public Comment and Participation
Attorney Sam Slaiby appeared before the Commission. He stated that he understands if the Commission is predisposed to keep the current system. He pointed out that tax collection is an inherently public responsibility, and implicates issues of moral responsibility, due process and methods by which taxes are collected.
The restraints on a public system include statutory and municipal restraints. He felt that the City was abrogating its responsibility. He put forth a hypothetical scenario, asking if for reasons outside his contract the tax collector does not live up to public responsibility. He asked what would happen if the tax collector decided to stone wall an investigation into his records.
He was concerned about the methods of disciplining the tax collector, arguing that if it were a public position, that person could be disciplined by the Mayor. With a private system, nothing can be done unless it is a violation of the contract.
He felt it was a politically ‘easy’ option to leave the private tax collector system in place, and that the issue should go before the public.
Gerry Zordan pointed out that he didn’t think that the City could administer the tax collection as cost effectively as the private tax collector. He reiterated the City’s 99% tax collection guaranty.
Mr. Slaiby added that no city will collect 100% of its taxes. Vic Muschell pointed out that it was one benefit of the private system, that the private tax collector takes the risk.
Mr. Slaiby ended by pointing out that when the position was put out to bid, the City only received two interested bidders, the current tax collector and one other. He stated that the incumbent tax collector always has an advantage in the bidding process because he has already absorbed the first year loss which he would have to sustain in order to make money in the position. All other bidders would have to factor the first year loss into their bid.
(Agenda Item #3) Discussion / Review list of proposed recommendations
Elinor Carbone questioned whether the Commission was prepared to formulate a recommendation on the tax collector question. She handed out a list of Current Tax Year Collection rates from various towns. She suggested that the Commission limit their review to those towns in our District Reference Group for a realistic assessment of potential tax collection rates should we move to a public system. By process of elimination, the Commission chose to follow the rates in Naugatuck, Stratford, and Bristol. Bristol showed a 99.9% collection rate, which included back taxes and interest.
Jim Thibault pointed out that Column 2 of the document showed the collection rate for this year, plus the collection rate for back taxes and interest from all previous years. He indicated that in some cases this number could go above 100%.
Vic Muschell pointed out that the current system has been in place for the past 70-80 years and there was no question that it was the best system. He thought that the recent problems people are having is with the personality and not the system, and he sees no reason to change the current system.
Bill Battle felt that it was not automatic that a mayor would hold a tax collector accountable.
Elinor expressed her desire that the Commission move along and make some decisions. She highlighted that switching to a public tax collection system would involve a potentially lower bond rating, and in many cases involves the sale of liens to private tax collection agents. She asked for opinions on whether we should proceed further.
Debra Brown indicated that she agreed with what Sam Slaiby presented to the Commission.
Marie Soliani thought it would be fair to have the town look at the issue and address it. She felt that circumstances could arise where the City would have to take over, and that there is no provision for a “what if”. She was concerned that the City would be scrambling. She also stated that she felt that other cities were doing fine with their public tax collection system.
Gerry Zordan was concerned that the added cost of running the tax collection system would mean an increase in the Mill Rate.
Vic Muschell moved to remove the tax collector item from the agenda. After discussion, Gerry Zordan, Elinor Carbone, Bill Battle and Vic Muschell voted in favor of removing the item. James Steck, Jim Thibault, Debra Brown and Marie Soliani voted against removing the item. Because the vote was tied, the motion failed. Commission members expressed their interest in closing discussion on this item at the next meeting.
The Commission briefly discussed the other items on the list of priorities. Debra Brown noted that redistricting could influence the election cycle question and that we may have to wait to see what came from the redistricting.
(Agenda Item #4) Old business
Ernestine Weaver handed out a suggested timeline to the Commission to keep it on track for completing its work in time for action on the ballot.
(Agenda Item #5). New business
None.
(*Added public Comment)
Gerry Zordan and Marie Soliani moved to allow additional public comment. Sam Slaiby addressed the Commission. He mentioned that the City of Waterbury had private tax collectors and that the system “fell apart,” and the State of Connecticut had to come in to take over. He thought that Commission members should go to Waterbury and talk with the people involved.
Bill Battle mentioned that New Haven had a problem when it sold collection activities to the Green Group.
(Agenda Item #6) Adjournment
Debra Brown motioned to adjourn, Marie Soliani seconded. All were in favor.
The meeting adjourned at 6:15 P.M.
Respectfully submitted, James P. Steck
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