MINUTES
CITY COUNCIL & WPC AUTHORITY
AUGUST 19, 2002
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, August 19, 2002, in the Council Chambers.
Present were Mayor Owen J. Quinn, Jr., Councilors Anne L. Ruwet, Paul F. Samele, Jr., Marie P. Soliani, and Richard E. Dalla Valle; Corporation Counsel Albert Vasko, Tax Assessor Brian Lastra, Building Official Francis Cardello, Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri, Board of Public Safety Commissioner James Potter, Torringford Volunteer Fire Chief Brian Cornell and Drakeville Volunteer Fire Chief Aaron Picz. Councilors David M. Bascetta and James D. Reginatto were absent.
Councilor Soliani acting as mayor in Mayor Quinn’s absence, called the meeting to order at 7:14 p.m.
PUBLIC HEARING: ADOPT ORDINANCE PROVIDING A TAX ABATEMENT FOR VOLUNTEER FIREFIGHTERS #030
City Clerk Joseph L. Quartiero read the legal notice.
The meeting was open to the public.
Brian Cornell, Torringford Volunteer Fire Chief and member of the Fire Service Coordination Committee, urged the Council to adopt the proposed ordinance. He stated that the ordinance would go a long way to retain and recruit future volunteers in each of the three volunteer fire departments in the City of Torrington.
On behalf of the volunteers, Chief Cornell urged the Council’s support.
Walter Fischer, President of the Torringford Volunteer Fire Department, thanked the city for the progress the proposed ordinance had made so far and urged the Council’s support.
On behalf of the Board of Public Safety, Commissioner Potter stated that the board strongly supported this ordinance, with an amendment.
Commissioner Potter noted the Board of Public Safety’s motion was “That the ordinance specifies that the tax abatement is only for people who are actively involved in the regular training and duties of a firefighter or fire police.”
Councilor Soliani asked Commissioner Potter if he had a recommendation.
Commissioner Potter said he thought the wording in the motion would be appropriate.
Councilor Dalla Valle asked Chief Cornell if the volunteers would object to adding the word “duties,” as opposed to merely attending drills.
As a member of the committee, Chief Cornell said they would approve the amendment.
Councilor Dalla Valle asked “How about the rest of you people out there. Anybody else agree that a firefighter should be performing duties of a firefighter or a fire police to be considered active?”
Dennis Andrews, another member of the committee, agreed with the new wording.
Corp. Counsel Vasko pointed out that the amendment wasn’t so drastic to require another public hearing.
Councilor Ruwet said Councilor Reginatto had mentioned that training should be defined. She asked Chief Cornell to define training.
Chief Cornell indicated that each department, in their bylaws for active membership purposes within their departments, has minimum attendance that each firefighter must show up for proper training that must be completed during the course of the year to enhance or continue his/her particular skills. He noted that each department’s bylaws were somewhat similar and somewhat different. He noted that the wording they chose was what the committee found to be the middle of the road.
Councilor Soliani declared the public hearing closed at 7:23 p.m.
MOTION TO ADOPT THE ORDINANCE, WITH AMENDMENT #340
Councilor Dalla Valle made a motion to adopt the proposed ordinance providing a tax abatement for volunteer firefighters with the following amendment to the end of paragraph three: “That they must also perform the duties of a firefighter or fire police.” Councilor Ruwet seconded the motion.
Under further discussion, Councilor Dalla Valle asked who would report the list of eligible persons to the Tax Assessor and who would monitor the activity.
Chief Cornell said the committee proposed that it would be the responsibility of each department to get proper documentation to the Tax Assessor on time.
Councilor Ruwet inquired whether the state statute that this ordinance mirrored, had its own requirements for people to submit their tax records.
Corp. Counsel Vasko said it would be similar to the Veteran’s exemptions.
Tax Assessor Brian Lastra indicated that notes prepared for the Board of Public Safety meeting held May 8 suggested that they submit a list by April 30, prior to the July 1 tax bills, and that would be enough time. He said “If I had a certified list as of that date, that would be fine.” He pointed out that the ordinance will be applicable to taxes owed beginning with taxes on the Grand List of October 1, 2002, so the July 2003 tax bills would be the first to be affected. He also pointed out that he couldn’t calculate the exact exemption amount until the mill rate was established, however, they would know what their tax credit would be, and an exemption against their assessment would be applied. The software in the Tax Assessor’s office doesn’t presently handle tax
credits, but it will handle an exemption supplied with the assessment and then that exemption is going to be calculated.
Councilor Ruwet commended everyone who worked on getting this ordinance together. She hoped it would work well in recruiting new members and retaining those already in service.
Mayor Quinn arrived at 7:28 p.m.
VOTE ON ORDINANCE #510
The Council voted unanimously to adopt the ordinance providing a tax abatement for volunteer firefighters, as amended.
MINUTES #530
On a motion by Councilor Ruwet, seconded by Councilor Dalla Valle, the Council voted unanimously to approve the minutes of the regular meeting held 6/17/02.
OPEN TO THE PUBLIC #560
On a motion by Councilor Dalla Valle, seconded by Councilor Ruwet, the Council voted unanimously to open the meeting to the public.
Ron Corey, on behalf of his brother Michael Corey, requested that Webster Bank be replaced by Torrington Savings as the first mortgage and that the City of Torrington remain as secondary mortgage.
As Chairman of the Small Cities Committee, Councilor Ruwet suggested the item be placed on the agenda for the next Small Cities Committee meeting.
Forest Hoxie, owner of property located at 99-101 East Pearl Street, reported a safety concern with the owners of property located at 10-12 Grove Street and appealed to the Council for help. He noted that the property had been raided several times for drugs and that hazardous materials, including a significant amount of used syringes, were strewn about nearby yards and sidewalks, and he feared for the safety of the children in the neighborhood, including his own grandchildren. He had already contacted the Police Department, the Fire Department, the Health Department, the lender that holds the mortgage, and the City Tax Department, and was now appealing to the Council for help.
Councilor Dalla Valle noted that four citations had been filed against the property by Planning & Zoning since May.
Mr. Hoxie stated that his first letter to Planning & Zoning was dated April 2001, and he had seen no progress, in fact, the property had continued to deteriorate.
Mayor Quinn said he would discuss the matter with the Police Department and Planning & Zoning and would let Mr. Hoxie know what future activity the city would take.
TORRINGFORD FARMS POND #930
On a motion by Councilor Dalla Valle, seconded by Councilor Samele, discussion took place in regard to the Torringford Farms Pond letter from Kim Barbieri dated August 12, 2002.
Councilor Dalla Valle inquired why the contractor wasn’t being held liable for work performed that was unacceptable to the Condominium Association. He couldn’t understand why the city would be held responsible for $5,000.00, in addition to the $5,500.00 that Arbor Ridge said they would pay.
Kim Barbieri, Zoning & Inlands Wetlands Enforcement Officer, informed the Council that, when Arbor Ridge did the work at Torringford Farms, they did so under an order from the former Inlands Wetlands Officer. Had this work been done under her supervision, it would have been deemed a civil matter between Arbor Ridge and Torringford Farms and something that the City of Torrington would not have had jurisdiction over, other than whatever solution they came up with to correct the siltation problem in the pond that would have needed approvals from Inland Wetland and the Army Corp.
Councilor Dalla Valle said the city doesn’t pay contractors for their mistakes. He felt Arbor Ridge should pay the entire amount to correct the problem they created, whether the city asked them to do the work or not. Arbor Ridge had obviously admitted doing something wrong if they were willing to pay $5,500.00.
Ms. Barbieri said they were willing to say they should not have done work on someone else’s property.
Councilor Soliani asked if they were under the direction of a former city official to perform the work.
Ms. Barbieri indicated that the Inland Wetlands Commission had given a verbal approval to do whatever they needed to get it done, but, normally that meant within the realm of their powers, and authorizing work on private property was not something they were authorized to do.
Councilor Dalla Valle suggested tabling the matter to give Attorney Vasko the opportunity to discuss the matter with Arbor Ridge and determine the city’s liability.
Corp. Counsel Vasko said the work done at Torringford Farms by Arbor Ridge was done under the order of our former Inland Wetlands Officer who had no authority to do so. He told them what to do and how to do it and that’s what they did. Unfortunately, the city’s former Inland Wetlands Officer didn’t have the engineering background to design what was needed to alleviate the silt problems at Torringford Farms Pond. Atty. Vasko’s recommendation was for the city to follow through with the proposed resolution.
Councilor Ruwet expressed her concern over precedence.
Ms. Barbieri said she felt this situation was different and didn’t think it would set precedence, because an Enforcement Officer wouldn’t normally be authorized to work on private property without a proper vote from the Homeowner’s Association and proper permits from their own Commission.
Ms. Barbieri said she assumed the project would go out to bid.
Mayor Quinn commended Ms. Barbieri, Lindsay McCarthy and Reverend Moon, both Presidents of the Association, for their skillful compromise in avoiding a situation that could have cost the City of Torrington, as well as the Association, a great deal of money.
Councilor Dalla Valle inquired whether the city would receive a release from Torringford Farms once this work was completed.
Corp. Counsel Vasko indicated that the city would be entering into an agreement with Torringford Farms prior to the work being completed, outlining the city’s responsibilities.
Councilor Ruwet was uncomfortable voting on an agreement that had not yet been drawn up and suggested waiting until such written agreement could be presented to the Council for their approval.
Mayor Quinn indicated that the requested action would be to allow Inland Wetlands to go to competitive bid for the city’s share of the funds. The dollar amount would then come back to Council for approval.
MOTION #1360
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to accept Ms. Barbieri’s recommendation that this item be put out to bid and that it come back before the Council for approval.
PURCHASE MEALS-ON-WHEELS TRUCKS #1380
On a motion by Councilor Dalla Valle, seconded by Councilor Ruwet, the Council voted unanimously to accept the recommendation from the Services for the Elderly Commission to waive the bid process and purchase three Meals-on-Wheels trucks from the sole vendor, Delivery Concepts East.
CARDINAL ENGINEERING #1440
On a motion by Councilor Soliani, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $700.00 from Sanitary Sewer Capital Improvement Fund #490 to Cardinal Engineering, Inc. for preliminary engineering work on East Main Street/New Harwinton Road Sanitary Sewer Improvements, and referred it to the Board of Finance.
CARDINAL ENGINEERING #1455
On a motion by Councilor Dalla Valle, seconded by Councilor Samele, the Council voted unanimously to authorize the payment of $3,368.13 from Sanitary Sewer Capital Improvement Fund #490 to Cardinal Engineering, Inc. for Phase II study work on the sanitary sewer infiltration/inflow & evaluation study, and referred it to the Board of Finance.
TRUMBULL CONSTRUCTION CO. #1470
On a motion by Councilor Dalla Valle, seconded by Councilor Samele, the Council voted unanimously to authorize the payment of $148,771.43 from Sanitary Sewer Capital Improvement Fund #490 to Trumbull Construction Co., Inc. for sanitary sewer improvements to Oakbrook Lane / West Horace Street and Perkins Street, and referred it to the Board of Finance.
RECOMMENDATIONS: ORDINANCE COMM. #1490
On a motion by Councilor Soliani, seconded by Councilor Ruwet, the Council voted unanimously to consider recommendations from the Ordinance Committee.
Councilor Soliani Chairperson of the ordinance committee, indicated that the committee had asked Corp. Counsel Vasko to develop further guidelines to the present Anti Blight Ordinance as it referred to owner and/or tenant occupied buildings, since the present ordinance deals only with abandoned buildings.
Councilor Ruwet suggested not changing the present ordinance but developing more guidelines for more consistency and less subjectivity in regard to compliance and enforcement.
In regard to the following: 17 Britton Avenue. Corp. Counsel Vasko is starting foreclosure action this week. The State’s Attorney has also been contacted to take this property to court to see if the state will reimburse the costs for demolition.
Water & Church Streets: Mr. Rhoades. Property is 95% cleared of rubbish.
229 Church Street: Mrs. Parziale. Mr. Boe expressed a desire to appear before the committee on September 16. The facade and windows are expected to be completed by November 21.
102 Brook Street: The property was apparently sold. The property will be recited, the owner will be fined, and action will be taken by Atty. Vasko to have the property cleared up.
521-523 Harwinton Avenue: Ms. Barbieri is being aggressive in her interactions with the owner’s attorney. This is an owner/occupied building, not covered under the present ordinance.
Burrough Street: One of the trailers has been removed. Will be re-fined after September 17.
Norfolk Road: The owner of the trailer park received permission to remove one of the trailers and it was supposed to have been removed by the weekend.
Mr. Cardello was asked to report back on the Andrighetti property and the Old Winsted Road property.
Mr. Cardello indicated that Andrighetti’s property didn’t look like a blighted building from the road, however, the back was considered a junk yard and Ms. Barbieri was taking care of that issue.
Mayor Quinn suggested that Mr. Cardello meet with Ms. Barbieri to draft a letter that could be reviewed by himself as well as the Ordinance Committee.
Councilor Dalla Valle pointed out that Mr. Andrighetti had recently repurchased the property with the storage units and he was advertising rental space. Since the property still hadn’t been issued a Certificate of Occupancy, he inquired whether there was a way to stop that from taking place.
Mr. Cardello indicated that he would meet with Corp. Counsel Vasko to review the matter and see if there was a reason why he didn’t apply for a C.O.
BUILDING DEPARTMENT REPORT #1820
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to accept the Building Department Report for July 2002.
EXECUTIVE SESSION: PENDING CLAIMS #1830
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to go into executive session under Pending Claims at 8:08 p.m.
OPEN SESSION #1870
On a motion by Councilor Dalla Valle, seconded by Councilor Samele, the Council voted unanimously to reconvene into open session at 8:21 p.m.
REIMBURSEMENT TO S.W. SCHOOL #1880
On a motion by Councilor Dalla Valle, seconded by Councilor Ruwet, the Council voted unanimously to table the request to authorize the reimbursement of $97,638.00 from Contingency to the Southwest School Building Committee used for off site improvements to the project. (Tabled on 6/17/02 & 7/1/02.)
BUSINESS BY DEPARTMENT HEADS #1890
On a motion by Councilor Dalla Valle, seconded by Councilor Ruwet, the Council voted unanimously to consider business presented by Department Heads.
There was none.
BUSINESS BY MAYOR AND MEMBERS OF THE BOARD #1960
On a motion by Councilor Soliani, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Dalla Valle inquired about Deputy Police Chief Milano’s pay.
Mayor Quinn indicated that it was an accounting transfer of activities and should be rectified.
Councilor Dalla Valle inquired about the network at City Hall.
Mayor Quinn indicated he had no answer on that issue.
Councilor Dalla Valle thought it would benefit the city to review, and possibly lower, the deductibles (presently $25,000.00) for insurance covering items such as the air conditioner unit at the Fire Department.
Councilor Dalla Valle inquired where the funds came from that eliminated the need for Council to go to Contingency.
Mayor Quinn noted that funds were taken from projects that had been allocated for the Fire Department in previous years that had not been used. Should they have to draw from encumbered funds in the future for those projects, they will have to come before the City Council and Board of Finance to use funds from Contingency.
Councilor Dalla Valle noted that it was unfortunate that the public perceived the Fire Department as having “found” $20,000.00, when, in reality, the funds were legitimately set aside for certain projects in the Fire Department.
Mayor Quinn indicated that this should not reflect badly for the Fire Department.
Councilor Dalla Valle inquired about refinancing bonds.
Mayor Quinn indicated he had been reviewing this matter with the Treasurer.
Councilor Dalla Valle indicated that an agreement was reached with the Union to allow a community-based organization to pull weeds alongside city streets.
ADJOURNMENT #2370
On a motion by Councilor Ruwet, seconded by Councilor Soliani, the Council voted unanimously to adjourn at 8:32 p.m.
JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
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