MINUTES
CITY COUNCIL & WPC AUTHORITY
DECEMBER 1, 2003
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, December 1, 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, James F. McKenna, Virginia K. Kovaleski, and Drake L. Waldron, Corp. Counsel Albert Vasko, Comptroller Alice Proulx, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, Director of Elderly Services Nancy Gyurko, and Building Official Francis Cardello.
Mayor Quinn called the meeting to order at 6:34 p.m.
MINUTES #010
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board voted with the exception of Councilors McKenna and Kovaleski who abstained, to accept the minutes of the regular meeting held November 3, 2003.
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted with the exception of Councilors McKenna and Kovaleski who abstained, to accept the minutes of the regular meeting held November 17, 2003.
OPEN TO THE PUBLIC #050
On a motion by Councilor Soliani, seconded by Councilor Waldron, the board voted to open the meeting to the public.
Rosemary Davis, 87 Sharon Avenue, reported that the sewer drain in front of her property was now in working order collecting most of the water, however, since there was no curbing, the water was starting to erode her property. She asked that it be rectified.
Bridget Beauchaine, 113 Sharon Avenue, inquired whether a report had been compiled from the meeting that had taken place between Public Works, Councilor Samele and Mayor Quinn. She requested the right to speak on this report later on during the meeting.
The Summary Report dated November 24, 2003 was distributed to Sharon Avenue residents. (Attached to the official minutes in the City Clerk’s Office.)
Ms. Beauchaine indicated that the reclamation of Sharon Avenue had not addressed any of its problems, in fact, in had resulted in increased problems. She said she would furnish the City Clerk with paperwork submitted to the Public Works Department by Councilor Samele for the record. (Attached to the official minutes in the City Clerk’s Office.)
She reiterated her concerns: Water extended at least 29 feet across the whole front of her property and reached 33 inches to the center of the road, even after a brief shower. Water was pooling on her sidewalk entrance which was indented approximately 1 1/4 inch. The re-seeding of the lawn didn’t take. The drain at the end of her driveway is ineffective unless the water is 1½ to 2 inches deep. The water will turn to ice this winter, making the access to her driveway difficult and mobility for her handicapped mother impossible.
She suggested removing a row or two of bricks on the storm drain in order to fix the grade.
Ms. Beauchaine reported that her driveway entrance had a birm which previously did not exist, it has a gravel appearance, and the edges were not finished neatly.
She also reported that the telephone pole jutting out on Sharon Avenue would be a safety issue to anyone plowing the road who was unfamiliar with it. Street employees should also be familiar with pipes sticking out of the ground where the road juts in and out. Ms. Beauchaine said “I would like to ask the Council, the Mayor, Corporate Counsel, what if something does happen due to the road in home entrance problems that the city was aware of and elected not to correct?” Examples included accidents at the bus stop, people walking down the street, falling and breaking a limb, etc. “What will the repercussions to the city be for not addressing these safety issues? Who is going to be responsible?”
Ms. Beauchaine pointed out that she was denied the right to have her mail delivered to her home last year due to icing problems. As a Torrington taxpayer, she felt she had the right to have her mail delivered to her home.
Edie Mallick, 135 Sharon Avenue, reiterated her problems with the recent reclamation to Sharon Avenue. They included that the job looked sloppy and crooked. Curbing was installed on one side of the driveway and not on the other, and they still had a water problem. The seam between the new pavement and what they paved by hand was cracked and it was her opinion that it would heave and break up this winter. She indicated that they put dirt over asphalt and planted grass in order to align the road. There’s a lack of drains on the entire street, and the drains that do exist, specifically the one at Ms. Beauchaine’s property and the one at the playground, are not functional. The drain at Mrs. Davis’ property had already been patched and was now washing out her lawn.
Michael Mallick, 135 Sharon Avenue, informed the Council that he had a petition signed by all residents of Sharon Avenue except for two, stating “We, the undersigned residents and taxpayers of Sharon Avenue, Torrington, Ct., are dissatisfied with the recent reclaiming project”.
Mr. Mallick said it was mentioned during a previous meeting that perhaps the road needed some milling, however, when Mr. Fabbri visited the area, he saw no standing water. Also, Mr. Mallick was told a side contractor would do all the finish work, however, it was done by the city.
Lorraine McGibben, 145 Sharon Avenue, said she too was not very happy with the result of the reconstruction on her street. She reported having lost a full step to her stone stairway in front of her house and the quality of work done on her driveway was very poor. She explained that her driveway has stone walls on both sides and is very narrow, and when she backs out of her driveway, she has no choice but to drive into a hole where the sewer is located. She reported having a water problem that she never had before and said it was her belief that the bottom of her embankment would wash away this winter.
CONTINUATION OF APPEAL HEARING BEGUN ON 7/7/03: OLD FIREHOUSE, WATER STREET, J.R. LALIBERTE #1240
Corp. Counsel Vasko gave the following update: The Old Firehouse was cited under the city’s anti-blight ordinance on May 20, 2003. Mr. Laliberte appealed. The hearing took place on July 7, 2003. At that time, Mr. Laliberte indicated that he would clean up the brush. The Council requested a written plan from Mr. Laliberte in terms of what he was going to do with the building. By the beginning of September, the brush in the back of the building had been cleaned up, but no written plan had ever been submitted. On September 2, 2003, Mr. Laliberte gave an oral report as to what he was doing. The Council asked Mr. Laliberte to provide them with monthly reports on his progress with the building.
The city had not heard from Mr. Laliberte for a period of time. He was asked to attend the previous Council meeting, but was unable to do so.
In regard to his written plan, Mr. Laliberte said he sent the city a letter reiterating the facts he had verbally stated during the last meeting he attended. He sent two letters, one dated October 31 and the other dated November 14, 2003. There has been no change in the condition of the building.
Mr. Laliberte explained that he was confused as to whether or not his property was on the blight list, and what the city was expecting of him. He was asked to remove the brush around the exterior of the building, and he did that. He was asked to make certain the building had no broken windows, and that has been taken care of.
Mr. Cardello stated that the Old Firehouse was declared as blighted property for the following conditions:
A. Extended vacancy.
B. Building not being maintained, there are broken windows and building is deteriorating.
C. Building is attracting illegal activity and a fire hazard.
D. It is a factor seriously depreciating property value in the neighborhood.
E. It is a factor creating a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other space or premises with the neighborhood.
Mr. Laliberte explained that he had been looking for a tenant to make better use of the building for five years and could not change the fact that it had an extended vacancy.
Mr. Laliberte stated that the building has never had a broken or missing window. The windows on the alley side of the building have been boarded up for twenty five years, and faced another building whose windows were also boarded up. The roof has been repaired continuously, but not replaced.
Mr. Laliberte said he has never been told by a Police Officer that the building was attracting illegal activity.
He asked why his assessment doubled if the building was depreciating properties in the neighborhood.
Mayor Quinn said the Council wanted to know what he planned to do with the building.
Mr. Laliberte said he was looking for a tenant and about three days away from having the building completely empty.
Mayor Quinn inquired about the falling bricks.
Mr. Laliberte said the facade problem cannot be resolved without replacing the roof, without solving the drainage problem and without having heat in the building. He explained that an architect recently looked over the building and that they “may” have a plan, a concept they were exploring. It is the first time anyone has actually come up with something creative. His concept was to install a gutter to make the water flow on the outside of the building rather than the inside. He said he’d be willing to put a brand new roof on the building, fix the brick, and install a sprinkler system if he had a tenant.
Mayor Quinn inquired about an estimated time frame of when he would have a plan, Mr. Laliberte said the architect would be coming back with someone else in about two weeks, and together they would spend a half a day going over things to see if the concept could work.
Mr. Laliberte continued to ask whether or not he was on the blight list.
Mayor Quinn indicated that Mr. Laliberte was not one of the twelve properties presently being targeting on the blight list.
Mr. Cardello stated that Mr. Laliberte was cited for anti-blight.
Councilor Jerram said the vacancy was what the Council was truly interested in getting resolved. He inquired whether the windows being professionally boarded up constituted a blight issue. Any claims of illegal activity around the building could be substantiated through the Police Department. If that was not available, perhaps the item could be removed from the citation. In regard to the depreciation of neighboring properties, that could be supported by reviewing assessments recently published for area properties compared to their prior assessments. In all fairness, the list should be reduced to what to do about the facade if the issues can’t be substantiated.
Due to the nature of the sale of the building for $1.00, Mayor Quinn indicated that there was an assumption that Mr. Laliberte was going to clean it up and people were interested
in seeing a time table for him doing just that.
Mr. Laliberte said he needed a viable tenant willing to spend money to do a build up. With a tenant, he would be willing to invest in the building to do structural improvements, including a new roof, new drainage and a new sprinkler system.
Mayor Quinn pointed out that the city had sent several people interested in starting a restaurant to talk to Mr. Laliberte in the past.
Mr. Laliberte said he never received a call from anyone. Only one local person approached him about opening up a very small restaurant.
Mayor Quinn said he would follow that up with Mr. Laliberte. He asked Mr. Laliberte if he could furnish the Council with a plan or when he would have a final read out from the architect.
Mr. Laliberte said “We will before December is over with, have a real estate company that specializes in restaurants, trying to lease the building. There will be a sign on the building, probably before Christmas.”
A walk through the building was scheduled for Saturday, December 13th, at 9 a.m. for Mayor Quinn and the City Council.
Councilor Kovaleski requested a copy of the sale agreement of the building between the city and Mr. Laliberte. (It would be distributed to the entire Council.)
Mayor Quinn thanked Mr. Laliberte for the kind offer in scheduling a walk-through. Knowing that Mr. Laliberte has an architect working on a possible solution was a step in the right direction.
No action was taken.
BUDGET TRANSFERS #2030
On a motion by Councilor Samele, seconded by Councilor Jerram, the board authorized wage budget transfers for Local 1579 Public Works Employees and referred it to the Board of Finance.
REFUND: JOHN VEDOVELLI #2040
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board authorized the refund of $10.00 from Contingency to John Vedovelli for a bank fee charged to his bank account because of an improper MICR encoding on a City A/P check issued to him and referred it to the Board of Finance.
CARDINAL ENG. #2060
On a motion by Councilor Soliani, seconded by Councilor Samele, the board authorized the payment of $495.00 from Northwest Interceptor Bond Fund #302 to Cardinal Engineering Asso., Inc. for sanitary sewer improvements to Highland Avenue.
PROCLAMATION #2080
On a motion by Councilor McKenna, seconded by Councilor Waldron, the board voted to
accept the Proclamation: World Aids Day, December 1, 2003.
SECTION B #2100
On a motion by Councilor McKenna, seconded by Councilor Soliani, the board voted to
consider business in Section B.
IDA BLINKOFF - EASEMENT #2120
On a motion by Councilor Samele, seconded by Councilor Jerram, the board voted to
pay $2,500.00 from Sanitary Sewer Capital Improvement Fund #490 to Ida Blinkoff for a sanitary sewer easement needed through property located at 410 Windtree for the Tara Drive Pump Station Removal Project and referred it to the Board of Finance.
BUS: DEPT. HEADS #2140
On a motion by Councilor Soliani, seconded by Councilor McKenna, the board voted to
consider business presented by Department Heads.
Nancy Gyurko, Director of Services for the Elderly, requested adding a Resolution to the agenda by 2/3rds vote in regard to an application for a Small Cities Community Development Block Grant for the Community Health and Wellness Center of Greater Torrington.
ADD TO AGENDA #2160
On a motion by Councilor Jerram, seconded by Councilor Kovaleski, the board voted to add the item to the Agenda.
RESOLUTION: COMMUNITY HEALTH & WELLNESS CENTER #2240
On a motion by Councilor McKenna, seconded by Councilor Samele, the board voted to authorize Mayor Quinn to sign the application on behalf of the city and adopt the Resolution for the Joint Community Application Cooperation Agreement for the Community Health and Wellness Center of Greater Torrington.
RESOLUTION:
This agreement entered into on 1st day of December, 2003 by and between the City of Torrington and Towns of Barkhamsted, Colebrook, Goshen, Hartland, Harwinton, Litchfield, Morris, New Hartford, Norfolk, and Winchester.
WHEREAS, the City of Torrington and the Towns of Barkhamsted, Colebrook, Goshen, Hartland, Harwinton, Litchfield, Morris, New Hartford, Norfolk, and Winchester have identified need in the municipality(ies) to preserve and expand health care opportunities and facilities, especially for low income people, the disabled and elderly, and
WHEREAS, the City of Torrington contemplates submitting with the support of the Towns of Barkhamsted, Colebrook, Goshen, Hartland, Harwinton, Litchfield, Morris, New Hartford, Norfolk, and Winchester an application for Block Grant funds under the Small Cities Program of the Connecticut Department of Economic and Community Development for the purpose of meeting such needs, and
WHEREAS, the City of Torrington and the Towns of Barkhamsted, Colebrook, Goshen, Hartland, Harwinton, Litchfield, Morris, New Hartford, Norfolk, and Winchester understand that the City of Torrington will act as the applicant and will have the ultimate responsibility to assume all obligations under terms of the grant including assuring compliance with all applicable laws and program regulations and performance of all work in accordance with the contract.
WHEREAS, it is understood that the Towns of Barkhamsted, Colebrook, Goshen, Hartland, Harwinton, Litchfield, Morris, New Hartford, Norfolk, and Winchester and DECD have access to all participants’ community development block grant records and authority to monitor all activities.
NOW, THEREFORE, pursuant the City of Torrington and the Towns of Barkhamsted, Colebrook, Goshen, Hartland, Harwinton, Litchfield, Morris, New Hartford, Norfolk, and Winchester agree to cooperate in the submission of an application for such Block Grant Funds, and agree to cooperate to implementation of the submitted Small Cities Program, as approved by the Department of Economic and Community Development.
Nothing contained in this agreement shall deprive any municipality of any power or zoning, development control or other lawful authority which it presently possesses.
ADOPTED on this 1st day of December, 2003
The above Cooperation Agreement has been authorized by the governing body of the City of Torrington, Connecticut, dated December 1, 2003. On behalf of the City of Torrington.
City Engineer Edward Fabbri said he visited Sharon Avenue on two different occasions after a rain storm and observed no standing water. He explained that movement occurs on any newly reconstructed road. He pointed out that Sharon Avenue’s flat spots were located in front of the Beauchaine property and in front of the Mallich property. It appeared as though they weren’t depressed areas, and it was his belief that those areas would move over the winter months. He thought they should let it move and settle and re-visit it in the spring.
Mr. Fabbri indicated that he would be open to Ms. Beauchaine’s suggestion of removing a layer of bricks from the catch basin. His explanation as to why that hadn’t already been done was that he was concerned it might impact Ms. Beauchaine’s driveway. If she was in favor of removing a layer of bricks, then it was something that engineering should take a look at.
Mayor Quinn explained that the city uses plans to reconstruct its roads. The Public Works Department and its engineers have a mission to construct roads according to the specifications of the city. While he can appreciate the attempts by Public Works and Engineering to accommodate a resident, what we have in this situation is a resident that wanted something done one way, anticipated the road being done in a different way and is clearly not satisfied. The possible scenarios include leaving it the way it is or going back and cutting it the way it was originally.
Mrs. Mallich said the original plan called for a grassy area between the road and her garden. Her garden at one time went right up to the pavement. When she protested the grassy area, it became a trench, then it became paved, now it has a seam and it’s tamped up. She thought it should have been paved to the edge like everywhere else on the street. The reason they didn’t want to pave it was because there was no place for the water to go. If they had installed a storm drain, it would have been fine.
Mr. Fabbri pointed out that there was a flat area in front of the Mallich’s property. It is draining and it is not a depression. He and Mr. Rollett were asked to pave an area which was originally paved and left as dirt. This was done by hand and the Mallich’s were not happy with the way it looked. His original idea of streamlining the road from the low point to the Mallich’s driveway and install a curb was rejected by the Mallich’s because the curb would be a barrier for anyone parking there. He was still recommending the curbing as well as topsoil behind the curb.
Mr. Mallich stated that, when Mr. Fabbri suggested the curb, it was going to be 1½ feet away from the flower garden and would leave his children no room to park their cars. He wasn’t opposed to curbing against the flower garden.
Mrs. Mallich added, “As long as it’s a straight curb and the area that they took more of the garden out, I would like to fill that back in and have a nice straight curb along the front of my house, that’s fine.”
Mr. Rollett indicated that, at this point, Sharon Avenue was done. The two flat spots will be monitored throughout the winter. If icing problems occur, it will be something they will have to correct.
A brief discussion took place on why some of the paving had to be done by hand.
Mr. Rollett indicated that the city will taper the road properly to remove the safety hazard of telephone pole #2193.
Mayor Quinn stated 1) the jog in the road where the telephone pole is sticking out will be taken care of, 2) bricks could be removed to lower the catch basin in front of Ms. Beauchaine’s property.
Councilor Samele suggested being more specific with the report. He acknowledged that the city needed to do certain things, however, they weren’t outlined in the report.
Mr. Rollett said he thought Mr. Fabbri’s report explained precisely what the issues were. Although he and Mr. Fabbri never saw any ponding, there may be concerns because roads change and move. Lowering the catch basin is a logical way to get water to a depression. The road will be monitored over the winter for possible icing problems. Mr. Rollett said the city would return to Sharon Avenue in the spring to put down more topsoil and re-seed areas where erosion or washouts took place.
In closing, Ms. Beauchaine said she didn’t think it was too much to ask that their road look nice and that it be functional. She pointed out that her problems were never addressed in Mr. Fabbri’s “so called” report.
BUS: MAYOR & MEMBERS #3610
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board considered business presented by Mayor Quinn and members of the City Council.
Councilor Samele left at 8:05 p.m.
Councilor Jerram asked Mr. Fabbri if he could be more specific with his report.
Mayor Quinn said he had hoped for a corrective action plan, however, tensions prevented that from happening. It seemed like every solution Mr. Fabbri came up with had a down side to it and a stalemate was inevitable if everything was rejected. Perhaps Mr. Rollett and Mr. Fabbri could stay after the meeting to discuss it further.
Councilor Jerram indicated that one of the larger concerns was how Ms. Beauchaine would access her front steps during icy periods this winter. Mr. Fabbri should look at two or three different solutions, including lowering the drain, and/or installing curbing. Additionally, Mrs. McGibben’s step needed to be looked at. Councilor Jerram offered his assistance, if needed.
Councilor Jerram indicated that he had previously requested a list of arbitration costs, as well as a list of vehicles.
Councilor Waldron informed the board that several old cemeteries had run out of resources and the city may be asked at some point in the future for some assistance in maintaining veterans’ graves. He stated that a group of individuals along with Boy Scout Troop 23 from the First Congregational Church, headed by Ted Abeling, volunteered to clean up the First Ecclesiastical Cemetery on the Goshen Road a couple of weeks ago, and that last week, Mr. Abeling had passed away. He wanted to recognize Mr. Abeling’s efforts and hoped the Council could extend their condolences to the family.
Mayor Quinn asked Councilor Waldron to furnish him with specifics, and he would work up some correspondence between the Council, the Mayor’s Office and the Abeling family.
Councilor Kovaleski requested a list regarding the vehicle replacement account relative to monies that had been budgeted from when it was first started under Mayor Gryniuk’s administration, and what monies had been expended under each department.
Also, she was asked to announce that the DARE Pasta Dinner was scheduled for Wednesday, December 10th from 4:30 to 7:00 p.m. at St. Francis School.
Councilor Soliani reported that the toy shower for Christmas Village was scheduled for December 5th.
Mayor Quinn stated that the swearing-in ceremony at the Warner Theater was a great event. He said the city was able to pay homage to a Governor who seems to be helping the City of Torrington with its future needs in economic development, and commended the Attorney General and the Secretary of State for taking the time during their busy schedule to attend the ceremony. He also recognized former Mayor Hodges Waldron, brimming with pride for his son who was newly elected as Councilman.
ADJOURNMENT #370
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board adjourned the meeting at 8:15 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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