MINUTES
CITY COUNCIL & WPC AUTHORITY
MARCH 3, 2003
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, March 3, 2003, in the Council Chambers.
Present were Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Paul F. Samele, Jr., Marie P. Soliani, David M. Bascetta, Richard E. Dalla Valle, and James D. Reginatto, Corp. Counsel Albert Vasko, Comptroller Alice Proulx, Director of Elderly Services Nancy Gyurko, Inland Wetlands Enforcement Officer Kim Barbieri, Police Chief Roger Janelle, Board of Public Safety Commissioners James Potter and Thomas Telman, and Board of Finance member Bruce Cornish.
Mayor Quinn called the meeting to order at 6:36 p.m.
MINUTES #060
On a motion by Councilor Reginatto, seconded by Councilor Bascetta, the Council voted unanimously to accept the minutes of the regular meeting held January 21, 2003.
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted, with the exception of Councilor Soliani who abstained, to accept the minutes of the regular meeting held February 18, 2003.
OPEN TO THE PUBLIC #080
On a motion by Councilor Bascetta, seconded by Councilor Reginatto, the Council voted unanimously to open the meeting to the public.
Linda Hall, 213 Birchwood Drive, thanked Councilor Bascetta for representing the City Council in reference to the Torrington Middle School construction and health issues.
She indicated that she would like to see something positive come from the problems at TMS and the resulting health concerns experienced by many children. She shared the results of the TMS Student/Parent Health Survey that was recently taken and gave each Councilor a copy to review at their leisure. She noted that many children who had seasonal allergies had reacted only to the outdoors in the past, but were now symptomatic indoors as well, and on medications just for being at TMS. She informed the board that parents had paid $1,400.00 to have five classrooms tested and noted that five classrooms had seven out of ten microtoxin molds which should not be breathed. The classrooms also had four molds that only grow in water damaged buildings, i.e., in wet carpets, ceiling
tiles, and wallboards.
In regard to the roof, she pointed out that on October 23, 2002, MMS Northeast finished the repairs and on October 26, there were three leaks in the building.
Ms. Hall indicated that action was needed, not more meetings. She asked if Torrington Middle School would be abandoned if the Torringford School referendum passed. She asked, “What assurances can the Mayor and City Council provide the parents, students, citizens and taxpayers of Torrington that Torrington Middle School construction issues that have led to many health problems for students and staff will be resolved once and for all?” It was her belief that they needed to rebuild the valleys in the roof and that an EPDM roof was merely a rubber band aid and should not be used as a long term solution.
Mayor Quinn said it was a travesty that the roof had been leaking for nine years. He acknowledged Ms. Hall’s tenacity and commended Councilor Bascetta for offering his building expertise and apprizing the Council of the situation. He shared Ms. Hall’s frustration of having a sick child and acknowledged that government moved far too slowly. The Board of Education was directed to move up its schedule to remove the rugs. He noted that Reiss Hoben was on top of the situation. They had asked Mr. Hoben, in his professional capacity, to make certain that he outlined an aggressive behavior and inspection.
Mayor Quinn said he was troubled with the pace of correcting the roof. He assured Ms. Hall that it was a priority of his, as well as the City Council’s. He noted that Torrington Area Health had been summoned. Clearly, there are water problems that persist and they are working the problem, but it’s not fast enough. He thought it was fair to say that the City Council would not drop the ball on Torrington Middle School. They all recognized the fact that it was a long-standing problem, and they were individually and collectively committed to making sure that the roof is as safe and the school is as healthy as can be in a timely fashion. He commended Ms. Hall for playing an intricate part in informing the Council in a most professional and caring manner.
Anthony Angelini, Alvord Park Road, indicated that the best thing the city could do was to remove the carpet in the school, since it was a natural harbor for dust mites.
ASSISTED TRANSPORTATION & TORRINGTON CHORE PROGRAMS #600
On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the recommendation from the Services for the Elderly Commission to authorize Mayor Quinn to sign two grant applications to the Western CT Area Agency on Aging for the Assisted Transportation Program and the Torrington Chore Program.
TRANSFER WAGES #640
On a motion by Councilor Samele, seconded by Councilor Jerram, the Council voted unanimously to authorize the transfer of wages budgeted within the Official Wage increase line item into the Police Department wage line items as follows:
From: Official Wage Increase Line Item #0010.0044.5759.0000
To: Regular Wages #0010.0023.5103.0000 $251,987.00
Overtime #0010.0023.5104.0000 $ 21,367.00
Paid Holidays #0010.0023.5107.0000 $ 14,245.00
Total Transfer $287,599.00
ADD TO AGENDA #730
Councilor Soliani requested adding an item to the Agenda by 2/3rds vote in regard to the Police Department’s Collect System.
Councilor Soliani made a motion to add the item to the Agenda. Councilor Jerram seconded the motion. Unanimous. (The item was voted on after the Public Hearings.)
PUBLIC HEARING: FIRE ZONES #800
City Clerk Joseph L. Quartiero read the legal notice.
Mayor Quinn called a Public Hearing to order at 7:00 p.m. to consider adopting an amendment to Chapter 194 of the Torrington Code entitled “Vehicles and Traffic” by adding a section creating the establishment of fire zones as authorized by S29-293 of the General Statutes.
Corp. Counsel Vasko indicated that the present ordinance had a penalty for parking in fire zones however, it couldn’t be enforced since the city never adopted an ordinance to establish fire zones, and it had become an issue with some of the shopping plazas. The new ordinance would give the Police Department and/or the Fire Marshal the power to either fine the owner or have the car towed. The fine was already part of the present ordinance.
With no more public participation, Mayor Quinn closed the Public Hearing at 7:05 p.m.
On a motion by Councilor Soliani, seconded by Councilor Samele, the Council voted unanimously to adopt an amendment to Chapter 194 of the Torrington Code entitled “Vehicles and Traffic” by adding a section creating the establishment of fire zones as authorized by S29-293 of the General Statutes.
PUBLIC HEARING: FIRE HYDRANTS
City Clerk Joseph L. Quartiero read the legal notice.
Mayor Quinn called a Public Hearing to order at 7:06 p.m. to consider adopting an amendment to Chapter 180 of the Torrington Code entitled “Streets and Sidewalks” and Article 1, “Sidewalk Maintenance,” to add provisions for the removal of snow and sleet from areas around fire hydrants.
Anthony Angelini, Alvord Park Road, thought it was unfair for some residents to have to pay to have their fire hydrants cleared while other hydrants were being cleared by firefighters. He reported that hydrants on Kennedy Drive were located in front of wooded lots, across the street from buildings, and inquired as to who would have the responsibility of clearing those hydrants.
He pointed out that the hydrants at the former Ames Plaza had not been cleared, and hydrants in Burrville were marked with red flags, which he thought was a good idea.
(It was noted that the hydrants at the Ames Plaza were private and those in Burrville had been marked with red flags by the volunteer department.)
Mayor Quinn stated that the Fire Department had the exact location of all fire hydrants in the city and crews had been sent out to clear them after the last storm.
Mayor Quinn said the intention of the ordinance was directed at public safety.
Andrew Nargi, 217 Weed Street, inquired about the need for a change in this ordinance.
Councilor Soliani stated that the ordinance was proposed because the Fire Department was not able to clear off all fire hydrants during or after a storm and assured Mr. Nargi that it had never been a question of whether or not they wanted to clear them. Firefighters need to be available for incoming calls. The Ordinance Committee attempted to incorporate the ordinance with the sidewalk ordinance because it was the responsibility of the property owner to clean the sidewalk and, since fire hydrants are usually located on sidewalks, they would need to be cleaned at the same time.
Mr. Nargi expressed his concern over the possible increased liability that a property owner would face if he was negligent in clearing the hydrant in front of his property and the house next door burned down. He thought it was somewhat different from clearing the sidewalk, even though people could fall on a sidewalk and sue the property owner.
Corp. Counsel Vasko said he wasn’t certain whether there would be any increased liability. Just because the ordinance shifted the responsibility for cleaning the hydrant, it didn’t necessarily mean that a neighbor had a duty to protect his neighborhood from catching on fire.
Mr. Nargi said he would prefer the ordinance not to pass. He said, “If the Fire Department doesn’t mind doing it, then that’s great, and if it’s somehow a public safety thing for the Fire Department, then I would say, ‘Pass it’.”
Councilor Dalla Valle said his concern, first and foremost beyond liability, would be the safety of his family and property. Likewise, the Fire Department felt the same way.
Councilor Bascetta noted that the City of Torrington didn’t even own the fire hydrants. He agreed with Councilor Dalla Valle that safety was the real issue in this matter.
From the individual’s perspective, Mr. Nargi thought the homeowner would now have the responsibility of the hydrant, not only for his protection, but for that of 100 to 200 houses along that path and there would be a potential liability for that one individual. He preferred that the liability remain with the city as long as the Fire Department didn’t have an objection.
Councilor Dalla Valle didn’t think it changed the ordinance as it stood. If the fire hydrant in 99% of the cases are on the sidewalk, it’s the responsibility of the property owner to clear the sidewalk, which would include clearing the hydrant. They were only trying to make the ordinance more specific.
Having no more public participation, Mayor Quinn closed the public hearing.
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to adopt an amendment to Chapter 180 of the Torrington Code entitled “Streets and Sidewalks” and Article 1, “Sidewalk Maintenance,” to add provisions for the removal of snow and sleet from areas around fire hydrants.
POLICE DEPARTMENT’S COLLECT SYSTEM (PREVIOUSLY ADDED BY 2/3RDS VOTE #1900
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to approve the payment of $2,893.00 to the Public Safety Department of the State of Connecticut for the Police Department’s Collect System.
TORRINGFORD FARMS POND #2020
On a motion by Councilor Jerram, seconded by Councilor Bascetta, discussion took place in regard to the memorandum from Kim Barbieri, Certified Zoning & Wetlands Enforcement Officer, dated February 11, 2003 in regard to Torringford Farms Pond.
Kim Barbieri stated that she had previously appeared before the Council to discuss the Torringford Ponds renovation and noted the cost estimate for doing the work was just over $10,000.00. At the recommendation of former Councilor Ruwet, she took it to a city bid, which came in at over $24,000.00 due to the fact that it included prevailing wages.
Councilor Jerram said he thought prevailing wages was tied into state-funded projects. (It was uncertain if prevailing wages applied.)
Ms. Barbieri indicated that she had helped the Homeowners’ Association get a bid package together in order to get started and that the Association was amenable to acting as general contractor for the work that was to be done. The Association was asking what the city would be willing to pay for this project. The city had initially stated that it would pay 50% of the cost and Arbor Ridge, the developer who did the work under the order of the former Inland Wetlands Officer, would pay the remaining 50%.
Due to the fact that the Association wanted to know up front if they would be able to get the funding, no specific dollar amount was available since there was no final bid.
Mayor Quinn indicated that he was troubled with an open-ended arrangement without exact perimeters. He didn’t think the Council would want carte blanche, however, they would probably want to partner with Arbor Ridge in order to have the ability to know the exact dollar amounts to eliminate any excessive costs.
Ms. Barbieri explained that the former Inland Wetlands Officer authorized Arbor Ridge to go on Torringford Farms property and construct a plunge pool at a point where the stream enters the Torringford Farms Pond. Torringford Farms was able to lower their water, remove their fish, and dredge the entire pond. The plunge pool was constructed with a loose rock wall under the water that slowed the water and allowed the sediment to drop before it got disbursed further into the pond. The Homeowner’s Association had not taken a vote to authorize the work and were upset to find out that it had been done on their private property by the city and a separate contractor. The Homeowners Association felt they were getting more of their natural share of sediment from construction being performed
upstream at Arbor Ridge and complained to the city. As a result, the former Inland Wetlands Officer took action.
Ms. Barbieri further stated that Torringford Farms had been getting an extreme amount of sediment load in the past couple of years and the city was unable to locate the source until recently, when they learned that the state had increased some load onto their road that was literally eroding 15 foot wide, 6 foot deep gullys through a private piece of property between Pleasantview and Arbor Ridge. Ms. Barbieri is dealing with the DOT in order to remedy this situation.
When Councilor Bascetta inquired why the city was involved in an item that was a natural occurrence in a subdivision, Ms. Barbieri informed the board that they had deleted any sediment removal from the bid package because the former Inland Wetlands Officer had removed any siltation that would have been the city’s responsibility in his original actions of dredging the entire pond and putting in the four bay. At that time, everything upstream was buttoned down like it was supposed to be. Sedimentation and erosion controls were in like they were supposed to be at Arbor Ridge. Other than that, it was a natural occurrence. The only thing in the bid package is to get the Association a place where they can get to the plunge pool that was created so they can do their annual maintenance and do
plantings.
Councilor Dalla Valle suggested having Public Works do the work instead of hiring someone.
Ms. Barbieri said she wasn’t sure the city would want to be responsible for any activity on that property without a full release of some nature because if the work wasn’t up to their level of expectation, this could be an on-going problem.
Councilor Dalla Valle didn’t think the city could commit one penny to any project outside of the realm of running the city, keeping the city safe and providing the educational needs of the children. He thought the city should look to its own people to do the work without spending any more than regular wages.
Mayor Quinn reiterated that he felt the Council would be uncomfortable with an open-ended bid specification so that a solid bid should be sought before they proceeded in any manner.
Councilor Jerram inquired whether it was possible for Torringford Farms to bid the project out themselves to avoid the prevailing wages.
Ms. Barbieri indicated that it could be done that way or by Councilor Dalla Valle’s suggestion to perform the work in-house.
Councilor Jerram stated that the cost of accomplishing the project effectively should be compared between the private and public sectors.
Ms. Barbieri would ask Mr. Rollett to prepare a dollar amount for what it would cost the city to perform the work in order to compare prices.
VOTE TO ACCEPT THE MEMO #2910
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to accept the memorandum from Kim Barbieri, Certified Zoning & Wetlands Enforcement Officer, dated February 11, 2003 in regard to Torringford Farms Pond.
SMALL CITIES: L. WAGNER & ASSO. #2970
On a motion by Councilor Reginatto, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $3,750.00 from Small Cities Fund #275 to L. Wagner & Asso. for professional services rendered in connection with the 2002 Small Cities Block Grant Program.
SMALL CITIES: CITY OF TORRINGTON #2990
On a motion by Councilor Reginatto, seconded by Councilor Bascetta, the Council voted unanimously to authorize the payment of $75.00 from Small Cities Fund #257 to the City of Torrington for a limited Title Search done in regard to 20 Ticonderoga Drive.
SCOTTSDALE INS. CO. #3000
On a motion by Councilor Soliani, seconded by Councilor Samele, the Council voted unanimously to authorize the payment of $1,226.93 from Contingency to Scottsdale Insurance Co. for the deductible in the Carpenter and Zavatkay matters and referred it to the Board of Finance. ($407.90 of total invoice of $1,634.83 was previously approved for payment by Council on 2/18/2003.)
TORRINGTON HIGH SCHOOL #3100
On a motion by Councilor Bascetta, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $8,493.00 from the Torrington High School Building Acct. #285 to Bismark Construction for payment application #8.
PRESENTATION: TORRINGFORD SCHOOL BUILDING COMMITTEE #3140
On behalf of John Calkins, Chairman of the Torringford School Building Committee who was away on vacation, Kenneth Edwards, member of the Board of Education and the Torringford School Building Committee introduced Brian Solywoda and Sylvia Newman, architects from Friar Associates. Also in attendance was Maurice Hoben, from O & G, the construction management firm chosen by the committee, Kathy Todor, Principal of Torringford School, Hugh Murphy, Business Services Administrator for the Board of Education, Councilor James Reginatto and Kenneth Traub, members of the committee.
Mr. Edwards indicated that the Board of Education endorsed the floor and site plans several weeks ago and the next step was for the City Council to refer the plans to Planning & Zoning for a Section 8-24 referral.
For the entire presentation, please refer to Tape # 409.
The existing school is 49,000 square feet. The proposed school will be 91,000 square feet and house 710 students.
The design of the roofs was discussed briefly.
Maurice Hoben, from O & G, stated that the school project would be done under what is known as “Renovate as New,” which would qualify for the 70% reimbursement rate. This will be the first time that Torrington has done a renovation and addition to an existing school while it is occupied. The total gross cost will be $25.7 million, the net cost to the city will be $7.9 million. Reimbursement will take place on a monthly basis. The projected time frame will be approximately one year to get the addition up and running and 24 months to complete the project.
Councilor Jerram inquired whether the committee had considered shifting some of the students to other schools to shorten the construction time.
Mr. Hoben indicated that shifting students might reduce the time by a couple of months, but that would be up to the Board of Education to decide. In addition to using the portables, he thought there was enough swing space to keep all the students at Torringford.
Councilor Soliani inquired about the condition of the portables.
Mrs. Todor stated that the portables were in bad shape but she felt confident that they would survive the renovation project.
Councilor Bascetta inquired whether the city would have to upgrade the infrastructure in order to accommodate the new school.
Mr. Solywoda indicated that the utilities are already in the street. A detention pond will detain some of the water coming off of the site and will gradually be allowed into the storm drains.
Councilor Jerram inquired whether they anticipated making any off site improvements that would add to the $25.7 million.
Mr. Solywoda indicated that, from their present knowledge of the project, no off site improvements were anticipated.
Mr. Hoben indicated that a question was raised as to whether the storm sewer on Charles Street was large enough to handle the flow, and that was in the process of being designed. If that was the case, any work that needed to be done on Charles Street would not be eligible for reimbursement from the state.
Councilor Jerram inquired whether the renovations included air conditioning.
Mr. Hoben stated that the school will be fully air conditioned.
Mr. Solywoda noted that not much of the existing building will be salvaged other than the exterior walls and roof structure.
Councilor Jerram inquired whether kindergarten rooms would be equipped with bathroom facilities and whether lockers were planned.
Mr. Solywoda indicated that the lower grades, Pre K and Kindergarten, will have bathroom facilities in the classrooms. There were no lockers, but a series of cubbies was planned.
Councilor Bascetta inquired whether they would use radiant heat.
Mr. Solywoda indicated that it hadn’t been discussed but they could look into it. It would be easier to incorporate in the new addition than in the existing building.
Mayor Quinn commended the committee for their work, and thanked them for their due diligence in getting the project before the City Council in a timely manner and for arranging to utilize existing space, which he thought would be an overall cost saving to the City of Torrington. He noted that the reimbursement rate from the state was a great deal and that there was an urgency for the project to proceed due to the turmoil on the state level. This rate will not be in existence forever.
SECTION 8-24 REFERRAL TAPE #2 #570
On a motion by Councilor Jerram, seconded by Councilor Bascetta, the Council voted unanimously to refer the project to the Planning & Zoning Commission for a Section 8-24 Referral.
BUS: DEPARTMENT HEADS #580
On a motion by Councilor Reginatto, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads.
Comptroller Alice Proulx commended Kim Barbieri for being an outstanding department head and employee for the city who thought nothing of going above and beyond the call of duty. She recognized the commitment of many department heads who put in an excess of 50 hours a week and were passionate about what they do.
BUS: MAYOR AND MEMBERS #650
On a motion by Councilor Bascetta, seconded by Councilor Reginatto, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Jerram inquired whether Mayor Quinn had any direct information from the state or local representatives regarding the impact of the state budget.
Mayor Quinn had seen the dollar amounts however, they had not yet been verified. He noted that the city might lose approximately $540,000.00 from the state. Projects like road repairs will probably have to be delayed. Machinery pilot programs and Pequot funds are expected to be cut. The city has been making some cost reduction maneuvers in anticipation of cuts totaling about $300,000.00, and, although the amount is more than we anticipated, we have been moving toward being able to adjust in this fiscal year to absorb those costs.
Councilor Bascetta inquired whether there were any monies or grants available for emergency vehicles from the Homeland Security Fund.
Commissioner Telman said he didn’t believe there were any such funds available at this time.
Mayor Quinn agreed that that may be a way to fund items that otherwise might be very difficult to fund.
Commissioner Telman said he was confident that Chief Field and Chief Janelle would be on top of the matter.
Councilor Dalla Valle noted that the bill to give the local municipality the authority to ban smoking failed in the Senate during the last session, however, it was expected to be reintroduced.
Councilor Samele said he hoped the legislation would pass that bill statewide.
ADJOURNMENT #940
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to adjourn at 8:35 p.m.
ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
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