MINUTES
CITY COUNCIL & WPC AUTHORITY
MARCH 8, 2004 (Adjourned from March 1, 2004)
A REGULAR MEETING of the City Council & WPC Authority, adjourned from March 1, 2004, was held on Monday, March 8, 2004, in the Council Chambers.
Those attending included Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Paul F. Samele, Jr., James F. McKenna, Virginia K. Kovaleski, and Drake L. Waldron, Corp. Counsel Albert Vasko, Comptroller Alice Proulx, Building Official Francis Cardello, and Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri. Absent was Councilwoman Marie P. Soliani.
Mayor Quinn called the meeting to order at 6:32 p.m.
MINUTES #020
On a motion by Councilor Kovaleski, seconded by Councilor Waldron, the board voted with the exception of Councilor Samele who abstained, to accept the minutes of the regular meeting held February 17, 2004.
OPEN TO THE PUBLIC #030
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to open the meeting to the public. There was no public participation.
DEPOSITORIES #050
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted to designate Fleet Bank, Torrington Savings Bank, and Bank North as official depositories for the Treasurer of the City of Torrington.
CHAMBER OF COMMERCE #070
On a motion by Councilor Samele, seconded by Councilor McKenna, the board voted to approve the request from the Northwest Connecticut Chamber of Commerce for permission to serve alcohol at the Armory on Friday, April 2, 2004, from 4:30 to 6:00 p.m.
Corp. Counsel Vasko indicated that the Chamber will fulfill the requirements under the city’s ordinance to serve alcohol at the Armory. They will also need to ask the state whether or not they will require a license to serve alcohol.
ANTI-BLIGHT APPEAL: MIDLAND GROUP (OLD FIREHOUSE) #110
On a motion by Councilor McKenna, seconded by Councilor Jerram, discussion took place on the continuance of the anti-blight appeal hearing begun on July 7, 2003 for the Midland Group, 117 Water Street (Old Firehouse).
Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri indicated that the Mayor’s Task Force on Blight was asking for a final ruling from the Council as to whether or not this building does in fact meet the criteria for blight. The Task Force believes it meets the criteria for the following reasons:
1) The building has not been maintained, including boarded windows or doors, collapsing floors and walls, and overgrown grass and weeds, although there has been an attempt to take care of the brush.)
2) The structure is deteriorating and becoming dilapidated.
3) The property is a potential fire hazard
4) The property is seriously depreciating property values in the neighborhood.
Should the Council agree and vote that the Old Firehouse does meet the criteria for blight, the Task Force would then ask them to consider imposing blight fines on the property. Mrs. Barbieri explained that the city has a good faith agreement with the property owner, J.R. Laliberte, and the city does believe that Mr. Laliberte’s intentions are to follow through, however, without blight fines being imposed, the city would be right back to point “A” where everything would have to start all over again if Mr. Laliberte failed to follow through. Blight fines will act as the city’s insurance policy against failure in the future, since the city will then have the right to foreclose on the property. Should Mr. Laliberte meet all his goals and deadlines, the Council would have the
ability to waive the fines.
Mrs. Barbieri indicated that this action will make people realize that the city is serious about blighted properties. She pointed out that the Old Firehouse had history behind the city’s attempts to take action and broken promises, i.e., Mr. Laliberte was cited on February 10, 2003, for an unsafe structure requiring a fence to protect the public and compliance didn’t take effect until the end of December. She added that fines were to encourage people to do what they are supposed to do rather than a punishment.
Councilor Samele inquired about the time frame for imposing fines.
Corp. Counsel Vasko indicated that fines could start immediately.
J. R. Laliberte indicated that he was surprised to be at this point, especially after meeting with the Task Force on January 28 and sending a letter in December to the Building Official and the Economic Development Coordinator outlining his game plan for the firehouse. He had given the Blight Committee the name of the architect he had hired who was working on a plan and the name of the abatement company who was currently in the basement taking care of the furnace, the boiler and the insulation wrapped around the pipes. His explanation for taking so long to install a fence was because he never agreed that the building’s condition required a fence and complied with the request when he was asked a second time, six months later.
Mr. Laliberte informed the Council that he had attended an average of almost two meetings a month during the past year regarding the firehouse. He presently was contracted for over $80,000.00 worth of work and imposing fines would not motivate him any more. In fact, it may motivate him less. He thought the Blight Committee was abusing their power to fine him while he was doing the work.
Mayor Quinn confirmed the fact that Mr. Laliberte had sent letters in the past and that there was a period of time, some months ago, when he was less responsive. He explained that fines imposed on property owners could be waived if the work is completed by specified times. The problem with letting things go, taking no action, and imposing no fines is that, if the work isn’t completed according to plan, the city is back to point “A”, and the city cannot begin foreclosure proceedings. Imposing fines gives the city the opportunity to take back the property if deadlines aren’t adhered to.
Mr. Laliberte said he didn’t believe the city’s blight ordinance gave the city the right to impose fines while he is doing the work.
Mayor Quinn said “I don’t think anyone on the City Council wants to collect those fines unless you fail to do the due diligence.”
Mr. Laliberte asked “What comfort level do I have to believe that you’re going to start to fine me and what point do I know for sure that you’re not going to say ‘we’re going to foreclose, we’re not happy with how fast the progress is’. There’s too much open there. You’re not giving me any comfort level to keep spending $75,000.00 right now, this month, in that building, if you’re going to have fines on me.”
Mayor Quinn said he was looking for Mr. Laliberte to set the time lines and give the city closure. With that, Mr. Laliberte would have Mayor Quinn’s assurance that he would recommend to the City Council that those fines be waived.
Mrs. Barbieri said it was her belief that the work Mr. Laliberte had contracted to do was to secure the cornice, to re-do the roof to eliminate the problem that’s causing the bricks to pop, to replace other drainage structures, and the asbestos abatement. She explained that Mr. Laliberte’s window of opportunity was between April and May of last year when he had agreed to take care of the fencing, bring forth a plan, etc., and hadn’t followed through.
She stated that Mr. Laliberte has had the property for many years and had taken very little action on it. She believed Mr. Laliberte had a great plan, however, it was time for the city to protect itself.
Councilor Jerram inquired whether there was a potential for a continuation of the hearing since Mr. Laliberte was making progress.
Mayor Quinn would oppose a continuation because the City of Torrington needed that tool to take legal action if he failed to comply.
Councilor Kovaleski stated that she was on the Council six years ago when Mr. Laliberte bought the Old Firehouse from the city for $1.00 and would vote in favor of imposing fines because she was disappointed and felt somewhat “betrayed” because all this time had gone by and very little had taken place. She was outraged that all these delays and that so much time had been spent by the staff on this matter.
Should the Council vote to impose the fines, Mr. Laliberte stated that he would have to second guess himself on whether he would want to invest that kind of money on this building with the possibility of losing whatever he put into it. He offered to let someone walk through the building on a weekly basis to monitor the renovations.
Councilor McKenna said he didn’t react well to being threatened.
Mr. Laliberte apologized for the way it sounded, since it wasn’t meant as a threat. He admitted that the reason for investing money in the building at this time was because the city had motivated him, plus his financial situation had changed.
Mrs. Barbieri said “If we can get the blight fines started, but he meets the schedule that he set down and that’s the road map we use to determine whether or not he has compliance. I was hearing from him, he was afraid that at any given moment...
Mayor Quinn said “that we would pull the rug under him at a whim,”
Mrs. Barbieri continued, “ and we’re saying that we’re going to use your schedule, as long as you’re comfortable with that, and if there are any changes, you’re responsible to come in here to tell these folks why it’s not meeting that schedule.”
Mayor Quinn said “So, you’re in control of whether or not you get fined.”
Mrs. Barbieri said “If we follow through on a foreclosure.”
Mr. Laliberte indicated that he wasn’t expecting to receive the architect’s plan before the first of April. His intent was to make certain the roof problem was resolved to prevent the building from having any further deterioration, as well as the front facade of the building, however, the package the architect was working on involved more than just those two items. Mr. Laliberte wanted to know specifically what the City Council wanted him to address in this plan. He thought the only issue the Blight Committee should be concerned with was the front facade of the building. If that’s what they were looking to address, then he would be more than happy to supply them with a specific time frame. Beyond that, he still didn’t have a report from the architect to know
what the whole plan would encompass.
Mr. Laliberte said he couldn’t tell the Council he was willing, ready and able to address the entire building’s needs, which includes a heating system, when he doesn’t have a tenant and doesn’t know what a tenant’s needs would be in regard to a heating system and he doesn’t know whether or not the building would get divided up. Again, he inquired whether the Council was looking for him to address the things that were most visible and structural to the building or we’re they looking for a complete plan.
Councilor McKenna said he had entered into an agreement with covenants and restrictions that called for a plan six years ago.
Mayor Quinn said the Council had demanded a plan from him a year ago which never materialized. Should the Council agree that the building is blighted, it will open the door for fines, and the intention of the City Council, as he had heard it, was that they had no intention of fining Mr. Laliberte should the job get done. Mrs. Barbieri had given him a way that the decision was not the city’s, but his, to fulfill the obligations that he set out to do.
Mr. Laliberte inquired specifically what the fines would require him to do.
Corp. Counsel indicated that the Council needed to take either of the following actions:
1) The Council could vote to deny the Midland Group’s appeal and authorize that fines start today or tomorrow.
2) The Council could uphold Mr. Laliberte’s appeal and have no further action. The Council would then determine that the building is not blighted.
The Council first needs to determine whether or not the building is blighted. If they determine that it is blighted, they need or can take action to begin fining the property.
Councilor Jerram inquired whether there was any room to consider upholding the appeal with a specified deadline of May 15th, which would give him two weeks to formulate a plan after he received a report from his architect. May 15th would be an automatic trigger date to start the fines if Mr. Laliberte didn’t supply the Mayor and the Blight Committee with a plan by then.
MOTION TO DENY APPEAL #1700
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to deny the appeal, with the exception of Councilor Jerram who opposed the vote. On a 4-1 vote, the motion carried.
INSTITUTE FINES #1725
Councilor McKenna made a motion to begin the institution of fines. (Beginning 3/9/04). Councilor Kovaleski seconded the motion.
Under discussion, Councilor Waldron said he agreed with Councilor Jerram that it wasn’t a bad idea to give Mr. Laliberte a deadline in the future, allowing him a window of opportunity to come forward with a plan.
Councilor McKenna said an extension would give Mr. Laliberte another opportunity not to comply. The Council said they won’t follow through on the fines if the work continues.
Councilor Jerram said “The Council hasn’t said that. That’s a decision that has to be made in the future, whether fines are to be suspended.”
Mayor Quinn said, “For the record, the Mayor said that if he (Mr. Laliberte) complies, he would advocate not to have the fines, no one else on the City Council.”
Councilor Jerram asked Councilor McKenna if he would be willing to amend his motion.
Councilor McKenna said “No.”
Councilors Samele, McKenna and Kovaleski voted in favor of the motion. Councilors Jerram and Waldron opposed the motion. On a 3-2 vote, the motion carried.
RESOLUTION: TOWN CLERK #1870
On a motion by Councilor Kovaleski, seconded by Councilor Jerram, the board voted to adopt a Resolution designating the Town Clerk as the city’s applicant to file an application with the State Library for an Historic Preservation Grant in the amount of $12,000.00 for the year 2005.
RESOLUTION:
I, Joseph L. Quartiero, Town Clerk of the municipality of Torrington, do hereby certify that the following is a true and correct copy of a Resolution duly adopted at a meeting of the Town Council duly held and convened on March 8, 2004, at which time a constituted quorum of the Town Council was present and acting throughout.
RESOLVED, that Owen J. Quinn, Jr., Mayor, or the Town Clerk as his designee, is empowered to execute and deliver in the name of and on behalf of this municipality, an application and contract with the State Library for an Historic Document Preservation Grant.
IN WITNESS THEREOF, the undersigned has affixed his signature and the town seal this 8th day of March, 2004.
FRIAR ASSO. #1890
On a motion by Councilor Waldron, seconded by Councilor Jerram, the board voted to authorize the payment of $114,224.00 from the Torringford School Building Fund #314, to Friar Asso., (Inv. 9) the ninth of ten installments under the Bidding & Negotiations Phase.
SMALL CITIES: L. WAGNER & ASSO #1900
On a motion by Councilor Samele, seconded by Councilor Waldron, the board voted to authorize the payment of $13,172.50 from Small Cities Fund #250 to L. Wagner & Asso. for professional services rendered from July 1 through December 31, 2003.
Councilor Kovaleski suggested doing a consent agenda for minor issues.
SMALL CITIES: L. WAGNER & ASSO. #1920
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to authorize the payment of $4,852.50 from Small Cities Fund #275 to L. Wagner & Asso. for professional services rendered from July 1 through December 31, 2003. (To be paid upon receipt of drawdown #5.)
SMALL CITIES: L. WAGNER & ASSO. #1950
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to authorize the payment of $6,300.00 from Small Cities Fund #275 to L. Wagner & Asso. for professional services rendered from July 1 through December 31, 2003. (To be paid upon receipt of drawdown #5.)
SMALL CITIES: L. WAGNER & ASSO #1955
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to authorize the payment of $10,975.00 from Small Cities Fund #276 to L. Wagner & Asso. for professional services rendered from July 1 through December 31, 2003. (To be paid upon receipt of drawdown #6.)
SMALL CITIES: SENIOR CENTER/CITY OF TORRINGTON #1960
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to authorize the payment of $250.00 from Small Cities Fund #276 to Sullivan Senior Center / City of Torrington to cover the cost of the permit for the Sullivan Senior Center parking garage project. (To be paid upon receipt of drawdown #3.)
SMALL CITIES: CITY OF TORRINGTON #1975
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the board voted to authorize the payment of $75.00 from Small Cities Fund #250 to the City of Torrington for performing a limited title search.
SMALL CITIES: DEFERRED LOAN #2000
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to authorize a 0% deferred loan in the amount of $27,180.00 from Small Cities Fund #277 for housing rehabilitation project #143-168.
GORDON, MUIR & FOLEY #2090
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to authorize the payment of $1,920.00 from Contingency to Gordon, Muir & Foley, LLP for professional services rendered in the Southwest School matter and referred it to the Board of Finance.
REIMBURSEMENT: NW CT ASSO. FOR THE ARTS #2100
On a motion by Councilor Kovaleski, seconded by Councilor Waldron, the board voted to approve the reimbursement pursuant to S187-4 of the Torrington Code in the amount of $3,350.87 from the Tax Abatement Account 0010-0045-5267-0000 to Northwest Connecticut Association for the Arts for property taxes paid by it to the former owner in its acquisition of 69 Main Street and referred it to the Board of Finance.
CONTRACT: EDC #2110
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to approve the contract for Economic Development Consulting Services with Robert Van Geons and referred it to the Board of Finance. Funds are to be drawn from Line Item 0010-0011-5118-0000.
ST MARON’S #2130
On a motion by Councilor Kovaleski, seconded by Councilor Samele, discussion took place in regard to the request to authorize the Mayor to execute the Purchase and Sale Agreement with the Church of St. Maron of Torrington for the North Elm Street parking lot.
On behalf of St. Maron’s Church, Atty. Samuel Slaiby explained that the church had been interested in purchasing the nearby parking lot for twenty years because any type of improvement at the church required work to be done off the southern side, and because the only people that the parking lot serves are tenants occupying rental properties owned by St. Maron’s Church.
John Janco, Chairman of the Torrington Parking Authority stated that the Parking Authority had an independent appraisal done prior to negotiations with the city which came in at $80,000.00. The Authority felt that they would have a limited market for the property due to its location and who was currently benefitting from it, and that $72, 200.00 was a reasonable price. The Authority authorized the sale of the lot based on the appraisal.
Councilor Jerram expressed his concern over the limited parking for north end merchants. He inquired whether the parking lot had to be sold in its entirety or if the city could retain a portion for a municipal lot and sell the remainder to accommodate St. Maron’s for any future plans.
Mr. Janco indicated that the Parking Authority had addressed those concerns and decided to set aside the purchase price of $72,200.00 specifically for a future purchase for property that would be more accommodating to the north end merchants.
Neither Councilor Jerram nor Mr. Janco could think of any other location around Laurence Square that would benefit any of the north end merchants at this time.
Councilor Jerram inquired about the chances of St. Maron’s being sold and suggested an arrangement whereby the city could still retain or receive the right to reserve that parking.
Atty. Slaiby said that, in all probability, if the property was ever sold, it would be sold to someone who would also need the parking. St. Maron’s primarily needs the lot for their tenants. It also squares off their property and alleviates any problems with side lines in regard to what they can do with the church. From the city’s point of view, it’s one less lot for the city to maintain and the lot is still being used for parking.
Mr. Janco agreed that the lot was merely overhead to them. They couldn’t see where anyone other than the tenants were benefitting from the parking lot, yet they still had the responsibility of keeping it clean, paying for insurance, and checking the meters.
Councilor Kovaleski suggested that perhaps the Parking Authority could provide parking in the lot given to the city by the state just south of the lot being proposed for sale.
The board voted 4-1 in favor of the motion to authorize Mayor Quinn to execute the Purchase and Sale Agreement with the Church of Saint Maron of Torrington for the North Elm Street parking lot. Councilor Jerram opposed.
BUILDING DEPT. REPORTS #2690
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted to accept the Building Department reports for January and February, 2004.
RECOMMENDATION: ORDINANCE COMM. #2700
On a motion by Councilor McKenna, seconded by Councilor Kovaleski, the Council voted to schedule a public hearing for April 5, 2004 at 7:00 p.m. to consider an ordinance regarding Coe Park.
BUS: DEPT. HEADS #2780
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #2800
On a motion by Councilor McKenna, seconded by Councilor Samele, the board voted to consider business presented by Mayor Quinn and members of the City Council.
Councilor Jerram requested a list of the Dirty Dozen for next Monday’s meeting. He also inquired whether there was any data available in regard to how the city was managing our residential trash.
Mayor Quinn stated that the Solid Waste Advisory Committee was meeting on a monthly basis and the committee’s intentions were to report on their progress in the near future.
Councilor Waldron asked Ms. Proulx if she had any idea what the mill rate would be based on the new assessments.
Ms. Proulx said the mill rate in this current year would be approximately 30.99 if we had the assessments with the revaluation that we now have.
Councilor Kovaleski commended Ms. Proulx for not having a Management Letter in the audit report.
She complimented Ms. Proulx for an excellent job in putting the budget together.
Councilor Kovaleski tendered her resignation as a member of the City Council effective immediately at the adjournment of tonight’s meeting, due to a personal situation that would prevent her from putting forth the time, commitment and dedication that is incumbent upon a City leader.
ADJOURNMENT #3030
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to adjourn at 7:52 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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