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Minutes 03/15/2004
                                MINUTES
                   CITY COUNCIL & WPC AUTHORITY
                   MARCH 15,  2004

A   REGULAR  MEETING  of the City Council & WPC Authority was held on Monday, March 15, 2004, in the Council Chambers.

Those in attendance included Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, Paul F. Samele, Jr., James F. McKenna, and Drake L. Waldron, Corp. Counsel Albert Vasko, Public Works Director Gerald Rollett, WPC Administrator Raymond Drew, Park & Rec. Director Richard Calarco, and the City’s Cons. to Small Cities, Lawrence Wagner.   

Mayor Quinn called the meeting to order at 6:55 p.m.
MINUTES #020
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted to accept the minutes of the regular meeting held March 8, 2004.

On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted to accept the minutes of the budget meeting held March 8, 2004.

OPEN TO THE PUBLIC #040
On a motion by Councilor McKenna, seconded by Councilor Waldron, the board voted to open the meeting to the public.   There was no public participation.

APPEAL: SEWER USE FEE #080
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council, acting as the Water Pollution Control Authority, voted to uphold the WPC Administrator’s recommendation to deny the appeal for a refund on a sewer user fee for grand list year 2000 for property located at 3570 Winsted Road.  

The owners of the Lakeside Hotel, Aruna Desai and Tapshil Desai, were seeking a refund of $1,911.00 for water consumption.  Ms. Desai indicated that she was originally told by city employees that she would get a refund after they installed a meter and the actual consumption could be measured.  She felt it was wrong to have their water based on thirteen units when their hotel is not filled to capacity 100% of the time.  She stated that consumption could be verified by looking at the next year’s fee of $165.00.

WPC Administrator Raymond Drew explained that the water consumption was calculated based on the number of units until the meter was installed.  Once the meter was installed, the actual usage could be determined.  Ms. Desai’s request for a refund was for what she felt was an overcharge for the previous year.  Mr. Drew stated that there is no forgiveness for prior years and the ordinance does not take their occupancy rate into consideration.  However, now that they have a meter, the actual usage will be used as the basis.

Mr. Drew informed the Authority that his staff would physically read the meters on wells to eliminate any possibility of getting incorrect readings.

OAK AVE. CONCESSION #930
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to waive the bid process and allow the Little League to run the Oak Avenue Concession stand for the 2004 season.  

Park & Recreation Director Richard Calarco indicated that it was the Commission’s recommendation to waive the bid process and approve the request.  The Babe Ruth League had no opposition to the request.   

CARDINAL ENGINEERING #1100
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to authorize the payments of $938.12 and $2,110.00 from Northwest Interceptor Fund #302 to Cardinal Engineering for construction, administration, and inspection services.  

On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to authorize the payment of $25,457.45 from the Sanitary Sewer Capital Improvement Fund  #490 to Cardinal Engineering, Inc. for work performed on the infiltration/inflow & evaluation study, and referred it to the Board of Finance.

PORTABLE TOILETS BID #1120
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to award the Portable Toilets bid to the low bidder, A Royal Flush for $8,575.00 for the 2004 season.

TORRINGFORD SCHOOL BUILDING FUND #1130
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to authorize the following payments from the Torringford School Building Fund #314:
Friar Asso.   Invoice #10       $114,224.00     Bidding & Negotiations Phase
Friar Asso.   Invoice #  6      $        283.20         Misc. Reimbursable Expense
        
SMALL CITIES: RECORD JOURNAL #1130
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to authorize the payment of $133.92 from Small Cities Fund #250 to the Record Journal for an invitation to bid ad.

SMALL CITIES: DEFERRED LOAN #1140
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to authorize a 0%-deferred loan in the amount of $5,250.00 from Small Cities for housing rehabilitation project #143-201.

CT  D.E.P. (TABLED)#1160
On a motion by Councilor McKenna, seconded by Councilor Jerram, discussion took place concerning the request to authorize the payment of $61.59 from Contingency to the Connecticut Department of Environmental Protection for the required payment to the Special Contaminated Property Remediation and Insurance Fund for the Torrington Metal Products, Inc. property located at 643 Riverside Avenue.

On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to table the request until such time as Corp. Counsel Vasko can verify the State Statute.

CT  D.E.P. (TABLED)#1250
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to table the request to authorize the payment of $487.48 from Contingency to the Connecticut Department of Environmental Protection for the required payment to the Special Contaminated Property Remediation and Insurance Fund for the TBS Industries, Inc. property located at 3465 Torringford Street.

FORECLOSURE: 139 WALL STREET #1260
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to instruct the Corporation Counsel to begin foreclosure proceedings against the blighted property located at 139 Wall Street owned by Newton Legeyt.

Corp. Counsel Vasko stated that the owner was ready to start rehabilitating the property but was having a problem obtaining title insurance because the property was sold several years ago in a tax sale.  Foreclosure proceedings will commence tomorrow, however, if he comes up with the documents he needs to close on the property, the Council could revisit the matter.

RECOMMENDATIONS: SMALL CITIES PROJECTS 143-190 & 143-189 #1340
On a motion by Councilor Samele, seconded by Councilor Jerram, the board voted to accept the committee’s recommendation to request Small Cities funding for Projects 143-190 and 143-189.

PROJECT 143-186 #1400
On a motion by Councilor Samele, seconded by Councilor McKenna, the board voted 2-2  to accept the committee’s recommendation to request Small Cities funding for Project 143-186 with certain provisions provided by the city’s consultant, Lawrence Wagner. Councilors Samele & Waldron voted in favor, Councilors Jerram & McKenna opposed.

Councilor Jerram pointed out that the owner had no equity in the property and the proposed repairs would not improve that situation.  This project, as proposed, showed no return to perpetuate the fund.

Mr. Wagner agreed there was a high likelihood that the city would not get the money back, however, under Small Cities’ inspection standards, the project qualified for two issues: flooring and mold and mildew in the bathroom.  Should the Council vote to approve the project, he suggested they limit it to those two issues.  The dollar amount requested was for the full scope of the project.  Since the work would be limited to the flooring and mold and mildew, the dollar amount should be much less.

On a tie vote, Mayor Quinn voted in favor of the motion “with a limited use.”

BUS: DEPT. HEADS #1600
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to consider business presented by Department Heads.

Mr. Rollett stated that the city will be reimbursed approximately $70,000.00 for the December storm.  Including those funds, the snow and ice budget remains at about $130,000.00.  

Councilor Jerram reported that the guide rails and cable on Riverside Ave opposite of Holly Place had been knocked down.   He also pointed out that the storm drain near Forbes School opposite the entrance to Royal Precision was in need of repair and the barricades were knocked over.   

Mr. Rollett will look into those matters.

BUS: MAYOR & MEMBERS #1690
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to consider business presented by Mayor Quinn and members of the City Council.

Councilor McKenna said he was contacted by a city resident who was concerned about tractors and motors behind Grunders.  He inquired whether that type of situation would qualify under blight.

Mayor Quinn said it may qualify under Inland Wetlands and Zoning provisions.

Mayor Quinn invited the Council to partake in the St. Patrick’s Day ceremonies, whereby Claire Reardon will be named Mayor for the Day.

ADJOURNMENT #1770
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to adjourn at 7:45 p.m.


        ATTEST:   JOSEPH L. QUARTIERO, CCTC, CMC
                CITY CLERK