MINUTES
CITY COUNCIL & WPC AUTHORITY
JUNE 2, 2003
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, June 2, 2003, in the Council Chambers.
Present was Mayor Owen J. Quinn, Jr., City Councilors Paul F. Samele, Jr., Marie P. Soliani, David M. Bascetta, Richard E. Dalla Valle, and James D. Reginatto, Corp. Counsel Albert Vasko, Treasurer Richard J. Friday, City Engineer Edward Fabbri, Superintendent of Streets Robert Lizotte, and Board of Finance member Bruce Cornish.
Mayor Quinn called the meeting to order at 6:39 p.m.
MINUTES #020
On a motion by Councilor Reginatto, seconded by Councilor Bascetta, the Council voted unanimously to accept the minutes of the regular meeting held May 5, 2003.
On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, the Council voted with the exception of Councilor Samele who abstained, to accept minutes of the emergency meeting held May 20, 2003.
OPEN TO THE PUBLIC #035
On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the Council voted unanimously to open the meeting to the public.
Michael Alciati, 171 Charles Street, inquired about the status of the drainage ditch on his property. While speaking with the City Engineer Ed Fabbri, he stated that he would be willing to issue the city the necessary easement to the property. He also indicated that Mr. Fabbri had informed him he was having difficulty securing an easement from a property owner below his home.
William Knight stated that it must have been a difficult decision for Councilor Jerram not to seek another run for the Mayor’s Office since the last election was so close, however, although Mr. Knight was disappointed that Mr. Jerram wouldn’t be running, he commended him for choosing family over politics.
APPOINT DENNIS DIX, JR. #170
On a motion by Councilor Reginatto, seconded by Councilor Samele, the Council voted unanimously to accept the appointment of Dennis Dix, Jr., from Dixworks LLC, as financial advisor for the City of Torrington’s renovations at Torringford Elementary School.
P & G PEPPER #200
On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $28,481.18 from the Sanitary Sewer Capital Improvement Fund #490 to P & G Pepper Construction Services, Inc., for the Greenridge Road sanitary and storm sewer installation and referred it to the Board of Finance.
ARTHUR STREET #210
On a motion by Councilor Soliani, seconded by Councilor Bascetta, the Council voted unanimously to send the proposed abandonment of a section of Arthur Street to Planning & Zoning for a Section 8-24 referral.
Councilor Bascetta inquired whether the proposed abandonment would affect any address changes for anyone.
Mr. Fabbri indicated that one resident may be affected, and he had not yet been informed because he is difficult to reach. Mr. Fabbri is going to send letters to those involved as soon as the public hearing is scheduled.
STATE OF CT. #270
On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, a discussion took place in regard to the request to authorize the payment of $16,109.00 from Contingency to the State of Connecticut, Department of Transportation, as part of outstanding debts owed for the Traffic Signal Project 143-150.
Councilor Bascetta inquired whether funds had been encumbered for this project.
Councilor Bascetta made a motion to table the above request until further information could be obtained from the Police Department. Councilor Reginatto seconded the motion. Unanimous.
WEST STATE MECHANICAL #360
On a motion by Councilor Bascetta, seconded by Councilor Samele, a discussion took place in regard to the Purchasing Agent’s recommendation to extend West State Mechanical’s contract for Plumbing, Furnace & Boiler Services for a year with a 5% increase on labor rates.
Councilor Dalla Valle indicated West State Mechanical originally was not given an option to renew their contract without rebidding. He stated he wasn’t comfortable setting a precedent of foregoing the bid process and then awarding a contract, unless it was part of the bid process in the original bid, which the city is now offering to renew contracts without rebidding, based on past performance during the term of their contracts.
MOTION TO TABLE #440
On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the Council voted unanimously to table the Purchasing Agent’s recommendation to extend West State Mechanical’s contract for Plumbing, Furnace & Boiler Services for a year with a 5% increase on labor rates.
WEIGOLD FLOOR COVERING #460
On a motion by Councilor Bascetta, seconded by Councilor Reginatto, the Council voted unanimously to authorize the payments of $1,108.80 and $545.90 from the Torrington High School Renovation Fund #285 to Weigold Floor Covering for Invoices #8345 and #8346. (Tabled on 5/5/03)
SMALL CITIES #510
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to authorize the following payments:
$150.00 from Small Cities Fund #263 to the City of Torrington, two limited Title Searches.
$225.00 from Small Cities Fund #274 to the City of Torrington for three Title Searches.
$ 75.00 from Small Cities Fund # 263 to the City of Torrington for one Title Search.
SCOTTSDALE INS. CO. #540
On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $972.30 from Contingency to Scottsdale Insurance Company for the deductible in the Carpenter matter and referred it to the Board of Finance.
GORDON, MUIR & FOLEY #550
On a motion by Councilor Bascetta, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $1,160.00 from Southwest School Building Account #110 to Gordon, Muir & Foley, LLP for professional services.
BUSINESS BY DEPT. HEADS #580
On a motion by Councilor Soliani, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by Department Heads.
Edward Fabbri, City Engineer, indicated that it appeared as though all four property owners affected by the drainage problem on Charles Street had given their consent to a city easement. The next step was to obtain permits. He stated that Torrington’s Inland Wetland’s Officer Kim Barbieri had a problem with piping a certain section of the stream and was willing to look at the Engineering proposal. She indicated that they need to go to the D.E.P. to get a Stream Diversion Permit which may be difficult to obtain. Mr. Fabbri’s solution to the problem was to pipe the stream. Anything less, in his mind, would merely be a temporary fix. Although the process would take some time, he would push to get the permit. The estimated time frame was three to six months.
Councilor Dalla Valle inquired whether the city could do anything to alleviate the safety concerns expressed by Mr. Alciati in the meantime.
Mr. Fabbri indicated that his department had recommended installing a fence. The city will not assume any liability since the stream was going through private property and it was the property owner’s responsibility to maintain. Another option would be to create a series of waterfalls, however it would be very difficult to reach the area because the terrain is so steep. The best solution is to pipe the area and fill the hole.
Mr. Alciati indicated that he was willing to sign an easement as long as he was guaranteed that construction would commence within a reasonable amount of time.
Councilor Dalla Valle indicated that the city couldn’t grant him a guarantee because the state may prevent the city from piping. He asked, “With an easement though, we could at least make that safe for him for now?”
Mr. Alciati asked “If I had an easement and I agreed to put the fence up, but then they rejected the project where would I be then. Would I just have the fence and the hole, would that stay there?”
Councilman Dalla Valle proposed having the city install the fence. Beyond that, if the state doesn’t give the city the necessary permits there’s not much the city can do. He further suggested destroying the easements should the D.E.P keep the city from doing the work.
Mayor Quinn suggested ongoing discussions and when the city receives the easements and a plan of action, it could come back to the Council.
Councilor Reginatto wanted to wait until the D.E.P. rendered a decision. He was unwilling to promise something that may be impossible to deliver.
Mr. Fabbri indicated that the easement Corp. Counsel Vasko would draw up for Mr. Alciati would be similar to the other property owners below him which included a contingency clause that was based on the city being able to obtain the necessary permits.
Councilor Dalla Valle thought the city could install a fence to alleviate the safety hazard, even if it was only temporary, since the city was going to cut a space so that another property owner could have a driveway into his property to build a house.
Councilor Bascetta said he was all for making the area safe, but in defense of Mr. Fabbri, he felt his hands were tied until all easements were secured.
Mr. Fabbri indicated that similar conditions existed at other brooks (Birney Brook) that the city stayed out of. In this instance, the city’s major concern was Besse Pond. In studying the problem, they realized they had an issue upstream and, if that wasn’t taken care of, the city would only be wasting money at Besse Pond. He was concerned about starting a precedence.
Mr. Alciati said he was interested in eliminating the ditch in his yard and inquired whether that section of the brook could be piped.
Mr. Fabbri stated that perhaps the DEP would allow piping the first 50 feet or so to alleviate the worst part of the problem.
Mr. Fabbri explained that upstream consisted of 230 acres of drainage area including roads, houses, etc., and that the property upstream had pretty much been piped.
Mayor Quinn stated that easements would be required to access the property.
Mr. Fabbri indicated that a form letter to the property owners giving the city permission to apply for the permits would accompany the easements for their signatures.
STONEHOUSE WAY & ROCK CREEK LANE #1340
Mr. Fabbri explained that Heritage Builders had completed most of the items on the punch list in order to receive provisional acceptance for Stonehouse Way and Rock Creek Lane. They had also provided the city with a letter stating that street lights would be installed by June 6 and final paving would be done by September 15, 2003.
Mr. Fabbri recommended adding an item to the Agenda by 2/3rds vote in regard to giving provisional acceptance to Stonehouse Way and Rock Creek Lane. He stated that Heritage Builders had worked in good faith in the past and cooperated well with getting things done when asked.
Councilor Dalla Valle inquired whether Heritage Builders had posted any bonds to make certain the work was done.
Mr. Fabbri stated that the city had a regular bond in the amount of approximately $400,000.00 and $65,000.00 cash bond as well. The letter that Heritage Builders had provided the city stated that a portion of the cash bond could be used by the city to do the paving if they happened to go belly up.
ADD TO AGENDA #1550
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to add the item to the agenda.
STONEHOUSE WAY & ROCK CREEK LANE #1560
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to grant provisional acceptance to Stonehouse Way (1,020 feet) and the remaining 500 feet of Rock Creek Lane.
BUSINESS BY MAYOR AND MEMBERS #1650
On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Samele inquired about the status of Highland Avenue.
Mr. Fabbri stated that the gas company was scheduled to install a new gas line this month. Thereafter, the contractor will install a new overlay on Highland Avenue in mid July. In regard to West Horace, the contractor was given notice that he must have the patches repaired by June 3, 2003, which has not been done to date. His attorney had informed Corp. Counsel Vasko that it wasn’t their problem. He suggested having the city repair the area and billing him for the amount of asphalt used. Further discussion would take place between Mr. Fabbri and Corp. Counsel on the matter.
Councilor Dalla Valle requested adding an item to the Agenda in regard to appointments to the Ethics Committee.
ADD TO AGENDA #1790
On a motion by Councilor Dalla Valle, seconded by Councilor Bascetta, the Council voted unanimously to add the item to the agenda.
APPOINTMENTS: BOARD OF ETHICS #1800
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted, with the exception of Councilor Dalla Valle who abstained, to accept Mayor Quinn’s recommendations for the following appointments to the Board of Ethics: Vance Taylor, Stephanie Lauer, as regular members, and John Todor and Jo-Anne Ficca as alternates. They were appointed to three year terms to expire in 2005. Sharon Dante moved from a regular member to an alternate.
A brief discussion took place in regard to having a July 4th parade in lieu of the Memorial Day parade that was canceled due to inclement weather.
ADJOURNMENT #1910
On a motion by Councilor Dalla Valle, seconded by Councilor Bascetta, the Council voted unanimously to adjourn at 7:35 p.m.
ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
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