MINUTES
CITY COUNCIL & WPC AUTHORITY
AUGUST 4, 2003
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, August 4, 2003, in the Council Chambers.
Those in attendance included Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Paul F. Samele, Jr., Marie P. Soliani, David M. Bascetta, and Richard E. Dalla Valle, Corp. Counsel Albert Vasko, Treasurer Richard J. Friday, City Engineer Edward Fabbri, and Purchasing Agent Charlene Antonelli.
Mayor Quinn called the meeting to order at 6:34 p.m.
OPEN TO THE PUBLIC #010
On a motion by Councilor Jerram, seconded by Councilor Bascetta, the Council voted unanimously to open the meeting to the public. (The public portion was reopened at the end of the meeting. See #1010)
I-DEAL, LLC #050
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to authorize the payment of $1,375.00 from Contingency to I-Deal, LLC for services rendered in the General Obligation Bond, Issue of 2003, and referred it to the Board of Finance.
SECTION 8-24 - COLORADO AVENUE SOUTH #100
On a motion by Councilor Bascetta, seconded by Councilor Jerram, the Council voted unanimously to accept the recommendation from Planning & Zoning to approve the Section 8-24 Referral for a sewer extension on Colorado Avenue South with the condition that the cost of the project be born by the applicant.
Mr. Fabbri stated that the applicant, Mr. Dziedzic, would be responsible for the cost of the entire project. The developer was purchasing the easement from the homeowner and the city will accept the sewer line as well as the easement in the future.
PROPOSED EXTENSION OF SANITARY SEWER #160
On a motion by Councilor Jerram, seconded by Councilor Bascetta, the Council voted unanimously to accept the proposed extension of a public sanitary sewer beginning on Funston Avenue extending 629 feet in a northwesterly direction to Colorado Avenue South to serve four proposed houses and at least one existing house on Colorado Avenue South and provide a gravity connection for a future extension to serve other existing houses on Colorado Avenue South.
SMALL CITIES: RECORD JOURNAL #180
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $348.00 from Small Cities Fund #265 to Record Journal for three Invitation to Bid ads. (Tabled 7/21/03.)
Councilor Dalla Valle explained that advertising in all papers, including minority newspapers, was a requirement to qualify for funding under Small Cities.
SMALL CITIES: CITY OF TORRINGTON #210
On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $75.00 from Small Cities Fund #253 to the City of Torrington for one limited title search.
SMALL CITIES: REPUBLICAN/AMERICAN #240
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $289.05 from Small Cities Fund #253 to the Republican / American for three Invitation to Bid ads.
SALARY: ELECTED POSITIONS #250
On a motion by Councilor Jerram, seconded by Councilor Bascetta, the Council voted 3-2 to table any discussion / vote on salary increases for elected positions of Mayor, City & Town Clerk and Treasurer until such time as the full board was present. Councilors Soliani and Dalla Valle opposed the motion to table.
DOSCH-KING CO., INC. #270
On a motion by Councilor Soliani, seconded by Councilor Samele, the Council voted unanimously to accept the recommendation of the Purchasing Agent and the City Engineer to award the Microsurfacing of Roads bid to the low bidder, Dosch-King Co., Inc. for $74,086.56.
DOSCH-KING CO., INC. #360
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to accept the recommendation of the Purchasing Agent and the City Engineer to award the Chip Sealing of Roads bid to the low bidder, Dosch-King Co., Inc. for $59,142.00.
ROAD SAND BID #410
On a motion by Councilor Dalla Valle, seconded by Councilor Bascetta, the Council voted unanimously to accept the recommendation of the Purchasing Agent to award the Winter Road Sand bid to the low bidder, M. R. Bart Construction Corp. for $12.03 per cubic yard with an estimated annual cost of $120,300.00 for the 03/04 winter season.
MURDOCK CLAIM MGMT #440
On a motion by Councilor Dalla Valle, seconded by Councilor Bascetta, the Council voted unanimously to authorize the payment of $3,268.38 from Contingency to Murdock Claim Management Co. F/B/O The Hanover Insurance Co. for the deductible in the Williams matter and referred it to the Board of Finance.
DIAMOND STATE INSURANCE CO. #460
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $161.44 from Contingency to Diamond State Insurance Co. for the deductible in the Hayes matter and referred it to the Board of Finance.
REFER SECTION 8-24: PYTHIAN AVENUE #480
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, discussion took place in regard to the request to refer the abandonment of a portion of Pythian Avenue to the Planning & Zoning Commission for a report pursuant to S8-24 of the General Statutes.
Mr. Fabbri explained that Pythian Avenue tied into Main Street before the Police Department moved into the former North School. When the D.O.T. reconstructed the intersection, they did not allow the connection into Main Street to occur because it would interfere with the turning movements of the traffic signal. The applicant next door to the Police Department presented the city with a plan to demolish the present building and build a new auto parts building. He asked the city if they were interested in abandoning the road because his setback requirements would change. If it was abandoned, he could place the new building closer to the right-of-way. Additionally, the city could gain an additional twenty parking spaces for the Police Department by abandoning a portion of
Pythian Avenue. The Police Chief was interested in having his staff park in the new spaces and opening the entrance on the route four side of the building to the public so they wouldn’t have to go all the way around the building to park in front. Engineering saw it as a win/win situation with no down side to the request. The city would still maintain it and accept liability for it whether it was a dedicated road or a parking lot.
Corp. Counsel Vasko indicated that the matter would come back before the City Council for a public hearing after it received a recommendation from Planning & Zoning.
Mayor Quinn reported that a huge set back would allow for plantings that would match the Police Department and make it aesthetically pleasing to the north end.
REFER TO PLANNING & ZONING #760
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to refer the abandonment of a portion of Pythian Avenue to the Planning & Zoning Commission for a report pursuant to S8-24 of the General Statutes.
BUS: DEPT. HEADS #780
On a motion by Councilor Bascetta, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads.
City Clerk Joseph L. Quartiero notified the City Council that National Night Out, scheduled for Tuesday, August 5, 2003, was canceled.
BUS: MAYOR & MEMBERS #810
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Jerram asked Mr. Fabbri to address the progress of the Charles Street property and the easements.
Mr. Fabbri indicated that Mr. Alciati’s neighbor was being contacted on an average or two to three times a week and it was a matter of him signing the easement and bringing it in.
Councilor Dalla Valle inquired whether it would be in the city’s best interest to get the other easements signed and in hand so they could move forward immediately once they had all the easements secured.
Mr. Fabbri indicated that Mr. Prince’s property was key to the project and it was best to take one step at a time.
Michael Alciati, Charles Street, said his major concern was his property and his liability rather than the entire project.
Councilor Jerram indicated that our constitution guarantees certain protection for property owners however, an easement from his neighbor was required in order to get to Mr. Alciati’s property.
Councilor Dalla Valle thought it was time for the city to take a stand and do something, even if it meant acquiring that property by eminent domain in order to relieve this issue.
Mr. Alciati said he didn’t believe the city needed the second easement to access his property. He thought any work that needed to be done on his property was accessible through his property alone.
Mr. Fabbri stated that the plan was to come up the streambed from below because it was too steep to access it from the top.
Councilor Jerram inquired whether there was any case law whereby the property easement could be acquired through eminent domain.
Corp. Counsel Vasko indicated that eminent domain was possible, however, that process wouldn’t be done overnight either.
Councilor Dalla Valle asked Corp. Counsel to look into it and start the process of eminent domain.
Mayor Quinn said they would look into eminent domain.
Councilor Jerram requested a list of all vehicles the City of Torrington owns, and hoped to have it by the next meeting.
OPEN TO THE PUBLIC #1010
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to reopen the public portion of the meeting.
William DeDominicis said he was disappointed with the discontinuance of the city picking up the refuse from the businesses which resulted in a $2,500.00 hit to his business. Secondly he was disappointed with the way it was done. The mill rate and budget were in place and all of a sudden a service the city was providing was taken away.
Gerald Wiellette, Mountain Road, indicated that businesses in Torrington support the town and what happened with this Council was somewhat underhanded and the added burden was hurting every business in town. He was disappointed in the Council’s decision to reach in the back pockets of the taxpayers instead of cutting back on the spending. Since hard times were not going to go away, would they continue to affect taxpayers year after year? He didn’t think this Council had done its job and believed the Council had let the people of Torrington down.
Councilor Dalla Valle said he requested two weeks ago that an investigation be conducted on the charges that were being passed on to the businesses. He had received complaints from business owners reporting that their fees had doubled. He didn’t think the City Council should be made the scape goat for the exorbitant prices that business owners were forced to pay and asked once more that a full investigation on this matter be conducted.
Mayor Quinn said he believed Mr. Rollett was looking into the matter and was certain that something would be forthcoming.
Councilor Bascetta inquired whether the newly formed Solid Waste Advisory Committee had anything to do with the investigation.
Mayor Quinn indicated that they are looking at all waste; past, future, etc. but were not part of the investigation.
Councilor Bascetta requested adding an executive session to the agenda by 2/3rds vote under Pending Litigation in regard to a Southwest School matter.
Councilor Soliani requested adding an item to the agenda by 2/3rds vote in regard to anti-blight fines.
She stated that she had been asked by the Building Inspector Frank Cardello to bring four pieces of property before the full board to invoke fines beginning tomorrow.
17 Britton Avenue, owner Ed Amoroso - Two family dwelling at $99.00 ea. = $198.00/day.
12 Grove Street, owner Robert Pratt - Two family dwelling at $99.00 ea. = $198.00 a day.
10 Highland Avenue, owner Dominick Visciotti - Two family dwelling at $99.00 ea. = $198.00 a day.
476 Main Street, owners: Robert Wardle, property at $99.00 a day.
Larry Gilland, single family at $99.00/day.
Myron Puhalski, single family $99.00/day.
Councilor Bascetta inquired whether some of these properties had recently been sold at the tax auction.
Councilor Soliani indicated that the Britton Avenue and Grove Street properties were sold at the tax auction.
Councilor Dalla Valle pointed out that Highland Avenue was in the process of being renovated and inquired whether the blight rules had changed to order fines even if construction was ongoing.
Councilor Soliani indicated that they hadn’t met the criteria and the specs in the amount of time allowed when the property was purchased.
Corp. Counsel Vasko stated the 17 Britton Avenue was sold in the tax sale whereby Mr. Amoroso took title to the property in June of this year and he was supposed to be knocking it down, but he had not applied for a demolition permit to date. 12 Grove Street had been on the blight list for a while. Mr. Pratt took title to the property in June during the tax sale and pulled a permit to do some work on it. Corp. Counsel Vasko wasn’t certain about the status of this property at this time.
Mr. Crovo was going to place the property located at 476 Main Street on the tax auction but realized that Mr. Wardle owned the land and Mr. Gilland and Mr. Puhalski each owned a trailer that remained on the property and listed on our tax rolls as real estate so they both needed to be cited under blight. They had been cited and Mr. Cardello asked that fines be imposed.
Councilor Dalla Valle inquired who owned the repair shop at the 476 Main Street address.
Corp. Counsel Vasko indicated that was a separate property, which he believed had previously been cited and that most of the junk cars had been removed.
Councilor Dalla Valle asked Councilor Soliani, Chairman of the Ordinance Committee, if they were considering any change to the wording of the blight ordinance in regard to the fines. He couldn’t see the benefit of fining property owners, and having to start the procedure of fining new property owners all over again once the Tax Collector sells the property.
Councilor Soliani stated that, in most instances, the ordinance was getting people to move on their properties, and getting them to understand that the city was serious about getting blighted properties rehabilitated or the responsibility would be taken away from them. The fact that they were being fined would get the owner to either sell them or repair them. They couldn’t purchase broken down pieces of property and just leave them there.
Councilor Dalla Valle didn’t think the ordinance had the teeth it needed to do the job.
Councilor Bascetta pointed out that Mr. Visciotti had installed 2 x 4's and plywood on the roof which basically amounted to two days’ work, but hadn’t seen much activity in the past four or five weeks.
Mayor Quinn pointed out that the new owner of Britton Avenue did some work on the inside and the city had given him a month to start showing that, but we hadn’t seen any further activity on the outside of the building.
Councilor Jerram pointed out that the blight ordinance considered only the exterior of the property. He stated that they ran into trouble with Mr. Laliberte and the firehouse when Mr. Cardello had a laundry list of items that concerned the inside of the building which was not a blight ordinance issue. He asked if anyone had been in touch with Mr. Visciotti, since it was his understanding that Mr. Visciotti was attempting to obtain financing at one point and that could hold him up. His concern was that they may be sending the wrong message in terms of initiating a fine when work was proceeding, and also if work wasn’t proceeding because of issues beyond their control. He was not comfortable imposing fines on these property owners until they could be looked at more closely.
Councilor Dalla Valle pointed out that the Council had received very little information on these property owners as compared to the detailed report usually presented to them by Mr. Cardello prior to asking the Council to invoke fines. He requested back up information, i.e. when they bought the property, and what had or had not been done, etc. Apparently, these were new owners from the previous ones that were being fined.
Councilor Bascetta suggested sending a notice to these property owners in order to keep the ball rolling.
Councilor Jerram indicated that the notice could inform them that the Council was anticipating taking action during their next meeting.
Mayor Quinn stated that a letter would be sent to the property owners to let them know what would take place.
Councilor Soliani made a motion to place these blighted premises on the next City Council agenda. Councilor Bascetta seconded the motion.
Mayor Quinn stated that was no problem and no motion was necessary.
EXECUTIVE SESSION #1760
On a motion by Councilor Bascetta, seconded by Councilor Jerram, the Council voted unanimously to go into Executive Session under Pending Litigation at 7:25 p.m.
ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
On a motion by Richard Dalla Valle, seconded by David Bascetta, the board went into Open Session at 7:30 p.m.
On a motion by Richard Dalla Valle, seconded by Tom Jerram, the board adjourned at 7:30 p.m.
ALBERT G. VASKO
Corporation Counsel
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