MINUTES
CITY COUNCIL & WPC AUTHORITY
SEPTEMBER 2, 2003
A REGULAR MEETING of the City Council & WPC Authority was held on Tuesday, September 2, 2003, in the Council Chambers.
Those in attendance included Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Paul F. Samele, Jr., David M. Bascetta (arrived at 6:44 p.m.), Richard E. Dalla Valle, and James D. Reginatto, Corp. Counsel Albert Vasko, Comptroller Alice Proulx, Treasurer Richard J. Friday, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, Director of Elderly Services Nancy Gyurko, Supervisor of Elderly Nutrition Project Winnie Machuga, Purchasing Agent Charlene Antonelli, Superintendent of Equipment Maintenance Michael Michaud, Building Official Francis Cardello, Park & Recreation Director Richard Calarco, Personnel Director Thomas Gritt, Deputy Fire Chief Jaye Giampaolo, and the City’s Labor Negotiator, Victor Muschell.
Immediately following a meeting of the Board of Trustees of the City Employees’ Retirement Fund scheduled for 6:30 p.m. , Mayor Quinn called the City Council meeting to order at 6:39 p.m.
MINUTES #100
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted to accept the minutes of the regular meeting held July 21, 2003. Councilor Reginatto abstained.
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted to accept the minutes of the regular meeting held August 4, 2003. Councilor Reginatto abstained.
OPEN TO THE PUBLIC #120
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to open the meeting to the public.
Timothy Schapp, 265 Gaylord Lane, presented the Council with a bill in the amount of $3,656.50 for a number of items he paid for over the course of the last two years to maintain and repair Gaylord Lane. He also supplied the council with a copy of the State Statutes that pertained to the matter. He stated that he would no longer appear before the Council to request a resolution, and if nothing was resolved soon someone else would be taking care of the matter. He pointed out that construction material was available at no cost to the city and the work could be completed by city employees in a matter of days.
Councilor Samele inquired whether any millings had recently been put down.
Mr. Schapp indicated that millings were placed on the paved portion but he was talking about the 600 ‘ of dirt road.
Mr. Rollett confirmed that the city had chip sealed the paved portion.
Councilor Dalla Valle inquired whether the apron had been installed.
Mr. Schapp said not really, that he had placed some gravel himself, as noted on the bill. He added that the bill could be increased if he added the repairs to his automobiles, $400.00 worth of processed gravel he used for his apron and to fill ruts in the road, a loader to put down the gravel, and time spent clearing brush and limbs overhanging the roadway. He also stated that the amount he billed the city for snow plowing during last winter’s twenty two storms was rather conservative.
Councilor Dalla Valle stated that the Council inquired in July whether the apron was done and they were told that it had been taken care of. The Council assumed the city had taken care of it, however Mr. Schapp indicated that he had done the work. He suggested putting off a capital improvement project, at least partially, in order to resolve this problem. Delaying the project any further was not efficient, especially if the city had to pay Mr. Schapp’s bill in addition to repairing the road. He asked why it was taking so long and why they were given an answer that the apron was taken care of in July when it still wasn’t done in September.
Mr. Rollett stated that the gravel portion of the road was used as an apron and a discussion had taken place that they would not construct a second gravel apron area, but that Mr. Schapp would use the existing gravel portion of Gaylord Lane.
Councilor Dalla Valle thought something was going to be put off the road for Mr. Schapp to use.
Mr. Rollett said they discussed that he could use the gravel portion of Gaylord Lane at the end of the paved section as a driveway apron instead of putting something off the road. He pointed out that he would have to walk from that point to his house. Mr. Schapp’s project was approved with a paved driveway to the paved portion of Gaylord Lane.
Mr. Schapp indicated that the apron, approved by Council on November 4, 2002, had not been installed to date. This board decided to put the apron at the end of the cul-de-sac going into the dirt road so he’d have room to park his cars if it was too bad to get into the dirt portion of the road.
Councilor Dalla Valle inquired whether it was the paved side or the other side.
Mr. Schapp said it was the Valerie Manor side. They were going to install the apron at the end of the cul-de-sac where the dirt road starts.
Councilor Dalla Valle said that was his understanding, and now he was being told it was the other side. This was the first he’d heard that it was at the end of the pavement.
Councilor Reginatto asked Mr. Schapp if he had installed a driveway.
Mr. Schapp said no, the wetlands preferred that he didn’t cross the wetlands to get into the property because there was an alternative way of getting in. The driveway that goes to the cul-de-sac was never installed. At the time the city talked about abandoning the dirt road that was going to become his driveway but the Wetlands Commission preferred that he use the existing dirt road instead of creating a new driveway through the wetlands. They did give him a permit to go through the wetlands, but the city decided not to abandon the road and it remains a city road. If it had been abandoned, he would have used it as a driveway and spent his own money to put in a driveway.
Mr. Fabbri stated, the plan submitted by Mr. Schapp and approved for construction of his house, included a new driveway to the paved cul-de-sac. At that point in time, Mr. Schapp elected to delay construction of the driveway to see if the road would be abandoned. After the Council voted not to abandon the road, the city asked him to put in an apron where his proposed driveway was shown and not necessarily extend it to the house. Extending it to the house was up to him. He would at least have an apron where he could pull his car off the paved section of the road. A discussion took place whereby, instead of building an apron, he could use the gravel portion of the road where it terminates now and not construct a new apron north of the existing cul-de-sac. Since that time he has continued to
use the dirt portion as a driveway even though the road was not abandoned instead of building the permitted driveway through the wetlands.
Councilor Dalla Valle asked where the city stood in fixing the road that the Council voted to have fixed.
Mr. Rollett stated that the city had no plans at the present time to repair the road, they had not talked to wetlands, they had not done a design, they had not tried to secure any permits and not put any money aside in the capital improvement account, and the reason was because the last act of the Council was to let Mr. Schapp use a section of Gaylord Lane as an apron.
Councilor Dalla Valle said that was to satisfy Mr. Schapp, however his concern at the moment was about a vote the Council took to repair the road.
Mr. Rollett stated, unfortunately the more they looked into it, they realized they couldn’t fix a road that may not be fixable. He stated that Gaylord Lane had serious wetlands and drainage issues, and that costs to bring the road back up to city standards were brought before this Council.
Councilor Dalla Valle personally felt those costs were out of line. They merely wanted a one lane road not a two-lane highway.
Mr. Rollett stated that he was being asked to build the road below city standards.
Councilor Dalla Valle stated that the Council voted to grade and gravel the road, to bring it back to its original condition, not build a new road.
Mayor Quinn summarized the matter by stating that Mr. Schapp had given his complaint. The Council had heard an explanation and seen the costs, and Corp. Counsel Vasko will review the statutes that Mr. Schapp referred to. It seemed like they were at an impasse.
Councilor Dalla Valle pointed out that the city will be faced with court action for failure to maintain a road they voted to maintain and court fees that would only add to the costs of repairing the road. According to O & G, it would cost about $30,000.00 to grade and gravel the road. He brought forth that proposal and nothing was done.
Mayor Quinn pointed out that Mr. Rollett had furnished them with an explanation and that Public Works was following certain procedures, i.e., going through inland wetlands, etc.
Councilor Reginatto stated they were merely asking to make the road passable. When they city chip seal a road, it’s being maintained, not brought up to code. He asked, “Do we need $30,000.00 out of contingency to have this job done?”
Councilor Jerram suggested taking $30,000.00 from the last capital project included in the budget and delaying that project for a while so Gaylord Lane could be taken care of.
Councilor Dalla Valle thought the consequences answered that question; the job needed to get done. He said, “I don’t see the $500,000.00 we were quoted to put a two-lane paved highway in there, and bring grades up and wetlands, and all that. None of that should come into play. We abandoned that road illegally. The road was just abandoned. It wasn’t done through a Council vote. It was just abandoned. They stopped taking care of it. Can the road be graded and graveled?”
“No, it cannot. It will wash away,” said Mr. Rollett. There’s no drainage and it has a serious water problem. The road needs drainage, a proper sub base and proper material that can be driven on by vehicles.
Mayor Quinn suggested that perhaps Mr. Schapp and Mr. Rollett could meet to come up with a workable solution. He said, “If you can do that without causing the taxpayers to lose money on valuable legal fees, it seems like a plan for me.”
Councilor Dalla Valle asked Mr. Schapp if he would be satisfied if the city cut him a driveway from the gravel part onto his property and he (Mr. Schapp) would take care of it the rest of the way.
Mr. Schapp stated the only way to do that would be to gravel the first 600 feet to where his driveway meets the road.
Councilor Bascetta said it was belief that the first 600' was almost level, and, if so, it probably didn’t have as many drainage problems as the remainder of the road. He suggested finding out how much it would cost to gravel that area only, and whether or not any drainage would be required. It was his belief that the city wouldn’t be impacting much on wetlands if the first 600 feet were graded and graveled.
Mr. Fabbri stated that the worst section was the eastern end where it sloped down to where the wetlands are located.
Mr. Rollett indicated that their estimates were to do the entire road.
Councilor Bascetta asked if it was a possibility to do just the first 600 ‘. That would give the city a head start and the project could be continued in the next year or two.
Councilor Dalla Valle asked Mr. Schapp if that solution would alleviate his concern.
Mr. Schapp said yes.
Councilor Dalla Valle asked Mr. Rollett if that solution was feasible.
Mayor Quinn asked if the first 600 feet would affect the wetlands.
Mr. Rollett indicated that they would have to get a permit from wetlands.
Mayor Quinn said that would be a starting point for discussion between Mr. Schapp and Public Works, and that Inland Wetlands’ consideration would be taken into account.
Councilor Dalla Valle requested a definitive answer for the next meeting. He asked Mr. Rollett and Mr. Fabbri if that was feasible.
Mayor Quinn said, “If one is available, I’d have no problem.”
Councilor Jerram added “Or a plan subject to wetland’s approval.”
Mayor Quinn noted that he saw a nod of approval from Mr. Rollett and / or Mr. Fabbri.
Domenic Visciotti, 19 Ford Lane, owner of property located at 10 Highland Avenue, said it was brought to his attention that the Council had discussed the probability of fining him for blighted property. He explained that he purchased the property on April 1, 2003 and although work on the property had recently slowed down, he reported having done a tremendous amount of work on the property. He reported having been denied city funds from the Small Cities program pending his own financing, which was also denied pending a result from Small Cities. He has invested more than $25,000.00 of his own money into the property during the last four months. Plans and surveys were in the process of being done. He was merely trying to recoup some of his funds in order to continue the project. Mr. Visciotti pointed out that he never received a notice from the City Council and / or the Building Department and didn’t know why he was included with those being fined.
Mr. Visciotti said he promised the Blight Committee that it would be done in a year and were only five months into the project and still working on it.
Mayor Quinn stated that the Blight Committee had requested noticeable progress, and as long as there was noticeable progress no one would fault that effort. There had been a lack of effort recently.
Mr. Visciotti noted that he had done nothing since July 2 but push paper. The roof will be installed and the canopy will be coming down in two weeks. He noted that the project had been revamped to two apartments in the major building and the little house in the back would be restored instead of making three units and a general store. For further information, please refer to #1530.
David Lanthier, 55 Chestnut Avenue, part owner of Horizon Electric, stated his concern over the bid he submitted in regard to the city’s electrical service contract. He pointed out that only two contractors submitted bids and didn’t feel the low bidder could perform the work at the price he submitted. See #1800.
MOVE ITEMS 11 AND 18
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to move items 11 and 18 on the Agenda. (Electrical contract and blighted properties, respectively.)
BLIGHTED PROPERTIES #1220
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, a discussion took place on blighted properties. (Brought before the Council on August 4, 2003.)
Councilor Dalla Valle stated, in researching the Blight Committee, he pointed out that he failed to find agendas and/or minutes of their meetings, nor did he find any wording in the regulations stating that anyone had authority over blight other than the Ordinance Committee of the City Council and a full vote of the Council. He expressed his concern over not being apprized of who was being fined, and whose fines were being dropped unless they had something asking them to impose fines on the agenda.
Mayor Quinn stated that he had appointed the Fire Chief, the Police Chief, the Fire Marshal, Planning & Zoning, and Economic Development to meet on a weekly basis to discuss blighted properties. He reported that legislative action went before the City Council as needed.
Councilor Dalla Valle indicated that the Blight Committee had rejected a request from Mr. Warley for an extension of time on May 15th, and that request should have come to the Council.
Mayor Quinn indicated that the Blight Committee denied an extension of time requested by Mr. Warley. The next step would be to bring it to the Council.
Corp. Counsel Vasko explained that the ordinance provided for the Building Official to grant extensions, not the City Council. The Blight Committee was really a Task Force of various department heads who have something to do with blighted properties. Various property owners are brought in on a weekly basis to discuss where they are with their properties. They have been able to recommend that some of the properties be taken off the blight list when the properties have been cleaned up. Any fines levied are done so by the City Council. On occasion, the Building Official asks the City Council to levy fines on certain properties under the Anti-Blight Ordinance. Corp. Counsel Vasko explained that there wasn’t a formal Blight Committee; the Ordinance Committee took the lead.
Councilor Dalla Valle inquired how the property owner of 12 Grove Street was removed from the list without fines being accepted by the Mayor’s Anti-Blight Committee when the Council voted to impose a fine on that property.
Corp. Counsel Vasko noted that the property was sold at a tax auction for taxes owed to the Tax Collector. At that time, all liens on the property were wiped out by the Tax Collector selling the property.
Mayor Quinn continued to explain that the new owner of the property was called in and told to continue the work in a timely fashion or action would begin against him through the City Council.
In regard to notifying property owners prior to fines being levied against them, Mayor Quinn explained that letters had been sent.
HIGHLAND AVENUE #1530
Mayor Quinn pointed out that the Council had recommended that Domenic Visciotti, property owner of 10 Highland Avenue, not be fined and that he be given a couple of weeks to show noticeable improvement.
MOTIONS ON BLIGHT #1620
17 BRITTON AVENUE
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to place 17 Britton Avenue on the blight list immediately.
476 MAIN STREET
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to place 476 Main Street on the blight list immediately. The property is owned by Robert Wardle, Larry Gillen, and Myron Puhalski.
MOTION TO FINE
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to fine properties located at 17 Britton Avenue and 476 Main Street, according to the Anti-Blight fine schedule.
Councilor Jerram requested revisiting property located at 10 Highland Avenue during the 1st meeting in October.
Councilor Jerram pointed out that the Anti-Blight Ordinance had a loop hole in how the city was going to collect fines. He asked the Ordinance Committee to get a legal opinion on whether or not we can foreclose properties for accumulated blight fines.
Corp. Counsel Vasko said “We can, and we are.”
Councilor Jerram inquired as to who would be first on the pecking order if foreclosure action was taken.
Corp. Counsel Vasko indicated that the Tax Collector would be first in line if there were tax liens on the property and the city would be second.
Councilor Dalla Valle inquired whether they could change the ordinance to eliminate losing all the fines when property is sold at a tax sale.
Corp. Counsel Vasko indicated that the State Statute would need to be changed.
VALMARK ELECTRIC #1800
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the Purchasing Agent’s recommendation to award the “Two Year Electrical Services” bid to the low bidder, Valmark Electric, LLC of Torrington, CT.
During a discussion, the Council agreed that it was in the city’s best interest to accept the low bid from Valmark Electric, especially since Valmark had held the contract for the past four years and done a good job.
ADD TO AGENDA #2040
Councilor Dalla Valle requested adding an item to the Agenda by 2/3rds vote to rescind the vote taken May 20, 2003, to stop paying tipping fees. Councilor Jerram seconded the motion. Unanimous.
MOTION TO RESCIND VOTE ON TIPPING FEES #2070
Councilor Dalla Valle made a motion to rescind the May 20th, 2003 vote where the Council chose to take away the tipping fees from the city and add them to the business owners. Councilor Jerram seconded the motion.
During a discussion, Councilor Jerram stated he has received numerous phone calls from businesses. What started out as a way of getting the municipal solid waste budget in control has fallen into the law of unintended consequences, and the impact on local business owners as well as some of the vendors was amazing. The increase in fees created a burden on those providing the goods and services of the city. Although those businesses were working diligently not to pass the added costs onto consumers, they would ultimately do so.
Councilor Bascetta said it was his belief the Council had asked Mr. Rollett to look into this activity.
Mr. Rollett said he had spoken to several haulers and many business owners who had contacted his office. The average increase was two to three times the amount the businesses were paying for the rental costs. He stated that one particular business was concerned that his solid waste had increased significantly. By merely asking the gentleman questions like the size of his dumpster and how many times it was emptied, Mr. Rollett was able to tell him that his solid waste had increased to $75.00 a month.
Councilor Dalla Valle felt the Council needed to revisit this vote because of the high increases and the shell shock the businesses were experiencing. They needed to rescind the vote, go back to the way they were, and if they wanted to move forward with it they should have some viable alternatives. As much as the businesses were trying to hold back their costs from the consumer, there was no doubt that the consumer would end up paying the bill. His concern, when he originally voted in favor of the motion to stop tipping fees, was that the average household would have to pay another $100.00 a year if they left the one mill increase, however, if the consumer had to pay for the increase for every business in this city and pay more for everything they bought, then the $100.00 was a mere pittance to what
they are going to have to pay for the businesses to stay alive. The trash haulers immediately passed on their increase to their customers, who, in turn will have to pass it on to the consumers. There had been talk about it being a commodity and that it could be negotiated from one to the next, but 1) They are all doing it, and 2) Everyone had a valid contract specifying that it wasn’t an increase in picking up the garbage, it was an increase in the disposal fee, which was open-ended on just about every contract he’d seen so far. Contracts bind businesses til they’re expired. He said “I think that the one mill increase, which was our quick fix to the budget to get down to a zero percent increase this year, was a lot more burden on all the businesses in this city than anybody anticipated and I think they took it as a license to steal, and regardless of whether we think it’s in line, I don’t think it’s in line and
I think that ultimately everyone of us is going to pay for that mistake. I’ll be the first one to say I made a mistake voting in favor of it.”
Mayor Quinn pointed out that Councilor Dalla Valle had made the original motion, and rescinding the vote would create a $1.4 million imbalance in the budget in moving forward.
Councilor Dalla Valle thought the budget could have been brought down to zero by making cuts, and the only cut Mayor Quinn made put the burden on the business owners of the city.
Mayor Quinn indicated that the burden would revert back to the homeowner. He stated that the $1.4 million move was irresponsible. He informed the Council that Torrington Research had decreased its annual cost for garbage disposal from $22,000.00 to $11,000.00 merely by using alternative methods to dispose of Styrofoam.
Mayor Quinn said, “If we don’t analyze trash and what we’re doing with it, we are going to get the burden so far on the property owner that these people will not be able to pass a referendum, we won’t be able to do any of this stuff. I don’t say that you’re wrong, that this is an issue that we can’t address now, I’m just saying it’s irresponsible to do that, especially when that committee met here at 3:30. They’ve been meeting diligently analyzing this thing.”
Councilor Dalla Valle indicated he had read all of the committee’s minutes and today’s meeting was the first time that anything having to do with businesses was brought up.
Mayor Quinn questioned where the city would make up the $1.4 million shortage.
Councilor Dalla Valle suggested pushing off one or two capital improvement projects to offset the budget, and rethink the move they made. He pointed out that he didn’t own a dumpster for his business so this didn’t affect him personally.
Councilor Bascetta inquired whether any written information was available to business owners concerning what the actual rates should be.
Mr. Rollett said he had never seen any hard documents other than generalities, i.e., a typical dumpster weighs from 100 to 200 pounds per cubic yard. That’s how the formulas are set to increase two to three times. He was told that the State of Connecticut might have published some numbers at one point, but he had not seen any. Some of the haulers had actually weighed dumpsters to get an idea of what a typical dumpster weighed. The cost was $63.75 per ton.
Restaurants tend to generate twice as much garbage as other business owners. He reported that a particular business was throwing away tissue paper, which could be compacted to fit into a smaller dumpster. They are billed by the size of the dumpster, not what’s in it.
Councilor Reginatto indicated that he had also received calls, mostly from restaurant owners. One in particular reported an increase from $200.00 to $1,000.00 a month. Fair Trade didn’t play into this because of the contracts. An issue he had failed to consider was that business owners are less than two or three year contracts, and because of the way the contracts are written, they could increase by any amount because they’re just guessing what’s in the dumpster.
Councilor Jerram inquired whether Mr. Rollett had received any further information concerning trash coming in from outside of Torrington that wasn’t being appropriately billed. Had any investigation been conducted?
Mr. Rollett indicated attempts to stop that practice from being used by one particular company failed. The law enforcement was unable to get the support they needed from higher levels. The D.E.P. was also approached to help stop the practice, and after two months of being told they would help, they informed Mr. Rollett that it was a local issue.
Mayor Quinn said “And when 90% of the communities do this and we don’t, then there’s an opportunity for this to be a logical thing to do.”
Councilor Dalla Valle suggested putting off a couple of capital improvement projects until next year to cover the $1.4 million shortfall, and schedule a public hearing in order to make an intelligent vote with all the facts in front of them.
Mayor Quinn stated that the committee was working diligently looking at alternatives. He asked Councilor Dalla Valle if the city was expected to send a special billing to all homeowners informing them of the change. He said, “I would have no trouble with your intention and coming in and analyzing or meeting as a special meeting of the City Council with that committee and making the appropriate decision.” He thought Councilor Dalla Valle wasn’t showing the depth of knowledge or understanding, or trying to get to the bottom of the issue. He thought it was very irresponsible.
Councilor Dalla Valle reiterated his suggestion to put off a couple of capital improvement projects totaling $1.4 million. The budget would not change, supplemental bills would not be necessary and no burden would be placed upon the taxpayer. That would give them an opportunity to rethink the vote, which was part of Mayor Quinn’s budget address and recommendation.
Mayor Quinn stated that Corp. Counsel Vasko should rule on whether there’s a conflict of interest with business owners. He said, “Now we’re changing the tax structure from what was set by a joint meeting of the Board of Finance and the City Council. Can we just do that? We had a joint meeting especially called to set the mill rate where this was discussed. It was approved, and now all of a sudden, we say two months later, I got a telephone call from somebody, it’s a little too hot for me. What’s the conflict of interest here? We have people who do business in the City of Torrington. Can they vote on that and change the tax structure?”
Councilor Jerram stated that the greater question was whether the Council as a body could vote to suspend one or two capital improvement projects that would total the sum of $1.4 million in an attempt to eliminate a change in the mill rate. That would allow them time to revisit the matter with the Municipal Solid Waste Committee to find ways to restructure all the trash collection. He noted the beauty of the Water Pollution Control Authority was that they stood on their own and kept their costs in check, whereas the municipal solid waste budget gets lost in an $80 or $90 million budget. He suggested that the Public Works Director and City Engineers work with businesses to determine and help identify the larger density tonnage and better ways to reduce waste. Perhaps the methods employed over the next
few months could show how to reduce that burden on the expense.
Mayor Quinn thought they should analyze the matter in order to precisely say where the $1.4 million would come from.
Councilor Dalla Valle stated that $1.4 million may not be so hard to find in light of the fact that the city had a $750,000.00 mid year cut from the State last year and a $973,000.00 surplus at the end of the year. Those numbers totaled $1.6 million in excess of our budget last year.
Mayor Quinn pointed out that hard work from labor negotiators and management labor give backs saved the city some funds last year. He didn’t have a problem with $1.3 or $1.4 million if there was an alternative way to save tax dollars. What he had a problem with was springing the motion without analyzing the situation. “I don’t have a problem suspending it, I don’t have a problem analyzing it, I don’t have a problem of a special meeting of the City Council, I think you want to do it prudently and intelligently. Just say we’re suspending it, we don’t know where we’re going to get the $1.3, this is unfair. I didn’t know about it two months ago, I need to re analyze, that’s not the way I do business. I do business by getting all the
facts.”
Councilor Dalla Valle suggested possibly using Anthem Blue Cross funds.
Councilor Dalla Valle was asked if he wanted his motion to include pushing off one or two capital improvement projects.
Mayor Quinn reiterated the motion to rescind the vote of May 20, 2003 and find money elsewhere.
Councilor Dalla Valle said he was very specific that funds come from Capital Improvement projects.
VOTE:
Councilors Jerram, Dalla Valle and Reginatto voted in favor of the motion to rescind the vote of May 20, 2003 and find funds to offset the shortfall by pushing off one or two Capital Improvement Projects. Councilors Samele and Bascetta opposed the motion.
Councilor Jerram suggested that perhaps they could identify areas to reduce spending in an attempt to meet this change in the budget during their first meeting in October.
The motion was reiterated once more. To rescind the Council’s May 20th vote and use funds from one or two capital improvement projects.
Corp. Counsel Vasko indicated that any business owner in the City of Torrington having a direct financial impact because of the vote taken should recuse themselves from this motion due to a conflict of interest.
Councilors Bascetta and Reginatto recused themselves. Councilor Dalla Valle noted that did not include him, so he did not recuse himself.
That left Councilors Dalla Valle and Jerram in favor of the motion. Councilor Samele opposed. On a 2-1 vote the motion carried.
Councilor Dalla Valle requested a written legal opinion from Corp. Counsel Vasko saying that, as a taxpayer in the City of Torrington, he was not allowed to vote on any issues coming forward in the budget that would give him personal gain to keep the budget high or low. Also he requested a written legal opinion that any taxpayer in the City of Torrington cannot sit on the City Council and vote on anything that has to do with the budget, because that’s just what Corp. Counsel had done.
Corp. Counsel Vasko stated that there is no conflict of interest when it affects every taxpayer, every citizen equally. However, when a business owner is directly affected by a vote on the City Council on which he sits, he has to recuse himself.
Using the sewer user fee as a comparison, Councilor Reginatto asked, “Has any sewer user in the City of Torrington on this Council not voted to set the sewer users fee because they use the sewers?”
Corp. Counsel Vasko said that was different. If you have a business and you don’t have to pay the tipping fee, that would directly affect you but not every other citizen in the City of Torrington.
Councilor Dalla Valle inquired why Corp. Counsel Vasko let the original vote go through because several business owners voted to tax themselves and they shouldn’t have voted then either.
Corp. Counsel Vasko indicated that vote was part of the budget and not a conflict of interest.
Councilor Dalla Valle stated that it was not part of the budget, it was a single vote away from the budget.
Mr. Rollett inquired about the effective date to rescind the May 20th motion.
Councilor Dalla Valle said “Now.”
Since the vote was taken to rescind the May 20th vote and pay 100% of the tipping fee, then Mr. Rollett recommended keeping the procedure in place to have the haulers pay and the city would reimburse them.
That was reasonable.
No further action was needed.
Councilor Dalla Valle requested a list of capital improvement projects from Mr. Rollett.
PURCHASE: TREASURER’S OFFICE #3820
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted to authorize up to $400.00 from Contingency for the purchase of a work station for use in the Treasurer’s Office. Councilor Samele abstained. This item was approved by the Board of Finance on 8-19-2003.
LOCAL 1579 PUBLIC WORK’S CONTRACT #3840
On a motion by Councilor Samele, seconded by Councilor Dalla Valle, the Council voted unanimously to approve the Tentative Agreement for Local 1579 Public Work’s Employees’ contract for three years retroactive from July 1, 2003 to June 30, 2006.
Mr. Gritt explained that the changes from Sewer Maintainer to Collection Systems Operator were merely name changes in terms of the contract. He further explained that the contract left the third year open for negotiations to check the economic climate and review the insurance package.
Councilor Dalla Valle commended the Union for coming in with such a low increase.
BUDGET TRANSFERS #140
On a motion by Councilor Samele, seconded by Councilor Jerram, the Council voted unanimously to approve the budget transfers for fiscal year ending June 30, 2003. This item was approved by the Board of Finance on 8-19-2003.
VEHICLE FOR P & Z #150
On a motion by Councilor Dalla Valle, seconded by Councilor Samele, the Council voted unanimously to accept the Purchasing Agent’s recommendation to waive the bid process and purchase a 2002 Ford Taurus from Litchfield Ford for $10,500.00 for use in Planning & Zoning using funds from the Vehicle Replacement Account.
During a discussion, Councilor Dalla Valle indicated that the item was previously rejected on the basis of waiving the bid and not on the vehicle itself. Since then, he had an opportunity to discuss the intricacies of going out to bid on used vehicles with Mr. Michaud. He pointed out that funds were currently in the vehicle replacement plan as it stood.
MEALS ON WHEELS #200
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to accept the recommendation from the Services for the Elderly Commission and the Purchasing Agent to waive the bid process and purchase two Meals-on-Wheels vehicles from the sole vendor, Delivery Concepts East, at an approximate cost of $28,904.00 per vehicle.
FLOOR TILE REPLACEMENT BID #270
On a motion by Councilor Samele, seconded by Councilor Reginatto, the Council voted 4-1 in favor of accepting the recommendation from the Services for the Elderly Commission and the Purchasing Agent to award the “Floor Tile Replacement” bid to the low bidder, Division 9 Flooring at a cost of $6,350.00. Councilor Jerram opposed.
GARAGE: SULLIVAN SENIOR CENTER #290
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, a `discussion took place in regard to Mr. Fabbri’s recommendation concerning the New Garage Building at the Sullivan Senior Center.
Mr. Fabbri’s recommendation was to award the New Garage Building bid to the second lowest bidder, Thomas Christiano, Inc., on the basis that this company had previously completed seven or eight projects exactly like the building that Torrington was proposing and all of their references were good.
He pointed out that the low bidder, Fuss & O’Neill, a fairly new company, had done a limited amount of work at this point. They had only done one project similar to what Torrington was proposing, an expansion of an existing garage at the Public Works Department in Mansfield, whereby a minor problem in wiring was reported and solved.
Ms. Gyurko indicated that the Commission would have preferred a local contractor, however, according to the regulations, they couldn’t discount the second lowest bidder.
Corp. Counsel Vasko indicated that they followed the guidelines of Small Cities.
The Council voted unanimously in favor of accepting Mr. Fabbri’s recommendation to award the New Garage Building bid to the second lowest bidder, Thomas Christiano, Inc.
A & A ASPHALT, LLC #530
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to accept the Purchasing Agent’s recommendation to use the state bid awarded to A & A Asphalt, LLC of Coventry, Ct. for the “Cleaning & Sealing of Joints and Cracks in Highway Pavements” at $.569 per pound.
SITE IMPROVEMENTS AT COE PARK BID #550
On a motion by Councilor Samele, seconded by Councilor Jerram, the Council voted unanimously to accept the Purchasing Agent’s recommendation to award the “Site Improvements at Coe Park” bid to the low bidder, RJB Contracting, for Phase I & II at $840,122.00.
HILLANDALE BOULEVARD #590
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to grant provisional acceptance to the remaining 1,052 foot section of Hillandale Boulevard to the end of the cul-de-sac.
CARDINAL ENGINEERING #630
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the following payments to Cardinal Eng., Inc. from the Northwest Interceptor Fund #302 for sanitary sewer improvements: $25,000.00 for work on East Main St. and New Harwinton Rd., Phase I from Columbus Rd to New Harwinton Rd, and Phase 2 from New Harwinton Rd. to Columbus Rd. , and $1,365.00 on Highland Avenue.
WASTEWATER FACILITIES PLAN #650
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously on behalf of the Water Pollution Control Authority to authorize the funding for a Wastewater Facilities Plan from the Water Pollution Control Fund #31 - Capital Reserve with 100% reimbursement by the State of Connecticut Department of Environmental Protection.
Mr. Rollett indicated that the D.E.P. sent a letter of approval to fund 100% of our efforts to study the impact to the City of Torrington for that sewer connection along with the letter of approval for this project, so it all rolled into one project.
ABANDON A PORTION OF PYTHIAN AVE. #690
On a motion by Councilor Bascetta, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the recommendation from the Planning & Zoning Commission to abandon a portion of Pythian Avenue and to schedule a public hearing for October 6, 2003 at 7:00 p.m.
ANTI-BLIGHT APPEAL #740
On a motion by Councilor Dalla Valle, seconded by Councilor Bascetta, the Council voted unanimously to discuss the anti-blight appeal hearing which began on July 7, 2003 for property located at 117 Water Street.
Councilor Dalla Valle pointed out that the Council had requested Mr. Laliberte to file a plan of action prior to tonight’s meeting, and asked if one was available.
J. R. Laliberte, owner of 117 Water Street, said he was under the impression the Council wanted him to accomplish the improvements they had recommended prior to today. He stated that he could furnish them with an plan orally.
He pointed out that 35 box trucks of merchandise was removed from the building and that approximately 15 more would be removed in the next two weeks. The cracked glass was replaced and the overgrown shrubbery was removed from two sides of the building. The brush in the rear of the building has not yet been removed because they encountered underground hornets nests, but they are working on it. The roof was patched once again because of a leak that occurred two weeks ago. The main part of the building was not taking on any water, however, the roof toward the rear of the building will have to be torn off and no promises could be made to replace it unless he had a tenant. He reported that someone had expressed serious interest in leasing the building and a viable lease would change a lot of what
will happen with the building. He volunteered giving the Council a monthly report on his progress. He informed the board that he had not applied for facade money because the brick work alone would cost well over $100,000.00 and to apply for the funds and not be able to do the work was foolish.
The Council agreed to “leave it as it is, as long as he continued to do something more”. A monthly report would also be welcomed.
SMALL CITIES: REGISTER CITIZEN #910
On a motion by Councilor Bascetta, seconded by Councilor Reginatto, the Council voted unanimously to authorize the payment of $184.08 from Small Cities Fund #265 to The Register Citizen for an invitation to bid ad.
SMALL CITIES: CITY OF TORRINGTON #920
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $75.00 from Small Cities Fund #263 to the City of Torrington for one limited title search.
SMALL CITIES: DEFERRED LOAN #930
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize a 0% Deferred Loan in the amount of $24,560.00 (sic, $24,650.00) from Small Cities Fund #263 for Project #143-139.
Councilor Dalla Valle pointed out that the paperwork had both dollar amounts. Their motion was for the higher amount to cover the invoice should the higher amount be correct. ($24,650.00 was the correct amount.)
SMALL CITIES: SAFE HOMES #980
On a motion by Councilor Dalla Valle, seconded by Councilor Reginatto, the Council voted unanimously to authorize the payment of $450.00 from Small Cities Fund #263 to Safe Homes for two lead paint tests.
TORRINGFORD SCHOOL BUILDING #990
On a motion by Councilor Dalla Valle, seconded by Councilor Bascetta, the Council voted unanimously to authorize the following payments from Torringford School Bldg. Fund #314:
$109,364.00 Friar Association Invoice #3 Bidding & Negotiations Phase
$109,364.00 Friar Association Invoice #4 Bidding & Negotiations Phase
$ 9,500.00 Friar Association Invoice #1 Civil Consultants
MURDOCK CLAIM MGMT #1000
On a motion by Councilor Dalla Valle, seconded by Councilor Samele, the Council voted unanimously to authorize the payment of $314.75 from Contingency to Murdock Claim Management Co., F/B/O The Hanover Insurance Co. for the deductible in the Zavatkay matter. This agenda item was approved by the Board of Finance on 8-19-2003.
Councilor Dalla Valle requested an update on Pending Litigation during the next meeting.
Corp. Counsel Vasko indicated that the Zavatkay matter had been withdrawn by the plaintiff.
MURDOCK CLAIM MGMT #1030
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $6,330.20 from Contingency to Murdock Claim Management Co., F/B/O The Hanover Insurance Co. for the deductible in the Hepburn matter. This item was approved by the Board of Finance on 8-19-2003.
APPOINTMENTS #1040
On a motion by Councilor Samele, seconded by Councilor Jerram, the Council voted unanimously to accept the following appointments and reappointments:
PLANNING & ZONING
Reappoint Gregory Perosino, for a term to expire 2008
ALTERNATE:
Appoint Gregory Mele to replace a vacancy, for a term to expire in 2006
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FLOOD & EROSION CONTROL BOARD
Reappoint David Frascarelli for a term to expire in 2004
Reappoint Doris Murphy for a term to expire in 2004
Appoint Paul Summers for a term to expire in 2004
Appoint Richard Calkins for a term to expire in 2004
Appoint Gregory Perosino for a term to expire in 2004
ALTERNATES:
Appoint James Bobinski for a term to expire in 2004
Appoint Gregory Mele for a term to expire in 2004
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ZONING BOARD OF APPEALS
Reappoint Genevieve Gangi for a term to expire 2007
Reappoint Cynthia Vasko for a term to expire 2008
ALTERNATE:
Appoint Karen Falk for a, term to expire 2007
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INLAND WETLANDS
Reappoint Doris Murphy for a term to expire 2006
Reappoint Jane Bakker for a term to expire 2005
Reappoint Jay Bate, Jr. for a term to expire 2005
Reappoint Nancy Schroeder-Perez for a term to expire 2005
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SERVICES FOR THE ELDERLY
Reappoint Archie Perez for three year term to expire July 6, 2005
Reappoint Maureen Shugrue, Secretary, for a three year term to expire July 6, 2006
Reappoint Frank McGowan for a 3 year term to expire July 6, 2005
Reappoint Martin Boyajian for a 3 year term to expire July 6, 2005
Appoint Aldo Bergonzi to replace Albert Signorelli, fora three year term to expire July 6, 2006
ALTERNATE:
Appoint Evelyn Lukes to replace Aldo Bergonzi, for a three year term to July 6, 2006
Mayor Quinn and the City Council publicly thanked Al Signorelli for serving two terms on the Services for the Elderly Commission and for his expertise and knowledge. They encouraged him to remain on the Building Committee for the Senior Center renovation.
PROCLAMATIONS #1080
On a motion by Councilor Bascetta, seconded by Councilor Samele, the Council voted unanimously to accept the following Proclamations:
National Assisted Living Week - September 8 to September 14, 2003
World Population Awareness Week - Water: Our Most Precious Resource, October 20 to October 25, 2003.
MURDOCK CLAIM MGMT #1100
On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $478.00 from Contingency to Murdock Claim Management Co., F/B/O The Hanover Insurance Company for the deductible in the Hepburn matter and referred it to the Board of Finance.
SCOTTSDALE INS CO. #1110
On a motion by Councilor Reginatto, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $748.00 from Contingency to Scottsdale Insurance Company for the deductible in the Zavatkay matter and referred it to the Board of Finance.
GORDON, MUIR & FOLEY #1120
On a motion by Councilor Reginatto, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $2,066.00 from Contingency to Gordon, Muir & Foley, LLP for professional services rendered on the Southwest School matter and referred it to the Board of Finance.
The Council requested an update on Southwest School during their next meeting in regard to the dollar amount remaining.
BUILDING REPORT #1190
On a motion by Councilor Samele, seconded by Councilor Jerram, the Council voted unanimously to accept the Building Department Report for June 2003.
SALARY INCREASES #1200
On a motion by Councilor Jerram, seconded by Councilor Reginatto, the Council voted unanimously to table the discussion / vote on salary increases for elected positions of Mayor, City & Town Clerk and Treasurer until such time as a full board is present.
BUS: DEPT. HEADS #1230
On a motion by Councilor Reginatto, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #1240
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 Reginatto pointed out that the Economic Development Coordinator’s contract had expired on July 1, and inquired whether she was now a city employee.
Mayor Quinn indicated that her contract had been renewed based on the fact that her salary was in the budget. It was his belief that the contract was extended for one more year at the increased rate of either 2 or 3% in the line item of the budget.
Ms. Proulx indicated that Mrs. Emery was being paid as a subcontractor and no FICA was involved, however funds were added to the FICA line item in the budget in the event that she became a city employee. FICA funds remain in the budget.
Councilor Reginatto suggested scheduling a joint meeting with the Board of Finance in order to identify capital improvement items.
Councilor Jerram felt the City Council should identify capital improvement items and recommend them to the Board of Finance.
Councilor Jerram thanked Harry Knox and Nicholas Michnevitz for their years of service with the City and wished them well in their retirement.
Councilor Bascetta believed that Mr. Rollett should be directed by Mayor Quinn to make the trash disposal a priority one issue
ADJOURNMENT #1360
On a motion by Councilor Jerram, seconded by Councilor Reginatto, the Council voted unanimously to adjourn at 8:45 p.m.
ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
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