MINUTES
CITY COUNCIL & WPC AUTHORITY
MAY 3, 2004
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, May 3, 2004, 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, Paul W. Summers, and Drake L. Waldron, Corp. Counsel Albert Vasko, Public Works Director Gerald Rollett, WPC Administrator Raymond Drew, Superintendent of Equipment Maintenance Michael Michaud, City Planner Martin Connor, Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri, and Director of Social Services Yvonne Adorno.
PUBLIC HEARING: DESIGNATING P & Z AS AQUIFER PROTECTION AGENCY #560
Mayor Quinn called the public hearing to order at 7:00 p.m.
City Clerk Joseph L. Quartiero read the legal notice.
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted to consider adopting an ordinance designating the City’s Planning & Zoning Commission as the City’s Aquifer Protection Agency.
City Planner Martin Connor explained that the State of Connecticut had adopted Aquifer Land Use Regulations in February of 2004 and the city will need to adopt an ordinance designating a land use agency to enforce them. As the designated agency, Planning & Zoning will determine the land use in an aquifer protection area. Mr. Connor’s recommendation was for the Planning & Zoning Commission to be designated as such agency since they regulate land use.
Mr. Connor indicated that a very small portion of land along Pumping Station Road had been the only area designated as an aquifer protection area. Specifically, this area is where the former Bridgeport Hydraulic had their wells that supplied a portion of the town of Litchfield. That area will be regulated in terms of what type of usage can be applied. Fortunately, the city has it zoned R60, (residential zone), and the regulations that will be adopted by ordinance will only deal with commercial land usage in making certain the uses in the designated aquifer protection areas don’t involve hazardous materials or chemicals that can pollute.
Councilor Jerram asked if any other land had been identified as aquifer protected areas.
Mr. Connor said no, and explained that water companies in the state have approximately 160 wells that service more than 1,000 people and the only one identified by the water company was that small, finger sized portion between the city and the town of Goshen along Pumping Station Road.
Mr. Connor indicated that only Level B mapping was available at this time, however the maps were going to be fine tuned. He pointed out that most of the Level A mapping shrunk the zones rather than increased them.
Having no further questions or comments, Mayor Quinn called the Public Hearing to a close.
ADOPT ORDINANCE: DESIGNATING P & Z AS THE CITY’S AQUIFER PROTECTION AGENCY #770
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to adopt an ordinance designating the Planning & Zoning Commission as the City’s Aquifer Protection Agency.
MINUTES #780
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board with the exception of Councilor Samele who abstained, voted to accept the minutes of the special meeting held April 12, 2004 on budgets.
On a motion by Councilor Samele, seconded by Councilor Summers, the board with the exception of Councilors Jerram and Soliani, voted to accept the minutes of the regular meeting held April 20, 2004.
OPEN TO THE PUBLIC #800
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted to open the meeting to the public.
Administrative Aide to the Mayor, David Rivera, acknowledged Trevor Kincaid and Alex Edwards, both students at Torrington High School, who will be working as interns during the summer months in the Mayor’s Office.
Michael Mallick, 135 Sharon Avenue stated that, in December he was promised paperwork of options that he could pick from or discuss concerning his street and has received nothing to date. He stated that Mr. Fabbri and his assistant walked the street in March and both said there was a problem with standing water and drainage, and that they were still monitoring the situation. He stated that the run-off from all the ice on Eggleston Street ran down Sharon Avenue all winter. He invited Mayor Quinn and the City Council, at their convenience, to walk the street with him some Saturday.
TORRINGFORD BUILDING COMMITTEE #940
On a motion by Councilor Jerram, seconded by Councilor McKenna, a discussion took place in regard to the request from the Torringford Building Committee to waive building fees and the sewer hook up fees on the Torringford School Project.
Chairman of the committee John Calkins stated that they have been informed by O & G, their construction manager and their architect, that any fees charged by the municipality would not be eligible for reimbursement under the grant from the State of Connecticut. As a result, the committee has not included any of these costs in their budget and would need additional appropriations if the request was denied.
Mr. Calkins said it was his recollection that fees were previously waived for the Torrington Middle School as well as Vogel Wetmore.
Corp. Counsel Vasko said he believed the building permit fees were waived for other school projects, however the sewer connection fees were not.
In regard to sewer hook-ups, Mr. Calkins said it was his contention that they would not be hooking up any more than what was already there.
Mayor Quinn said it was his belief that, at one point, Torringford was projected to have an increase in enrollment.
Mr. Calkins indicated that enrollment is unclear at this point. Decisions on possible re-districting and whether or not to keep 6th graders at Torringford still have to be made by the Board of Education.
Mayor Quinn said he thought the issue of sewers would be a result of students and not square footage.
WPC Administrator Raymond Drew indicated that the Water Pollution Control Authority is a stand alone authority and the revenue generated from hook up fees goes directly back into its operation. Since they don’t have a projected number of enrollment at this time, they can’t put a dollar amount on what the fee could potentially be, if any at all.
Councilor Jerram amended his motion to waive “only the building fees” on the Torringford School Project. Councilor McKenna amended his second. The vote was unanimous to waive building permit fees.
TORRINGTON HIGH SCHOOL PAYMENTS #1240
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to authorize the following payments from the Torrington High School Building Fund #285: (Tabled 4/5/04 & 4/20/04)
Jeter, Cook & Jepson Errors in design of tile $24,400.00
West State Mechanical Review heating system $ 393.45
Councilor McKenna explained that Jeter, Cook & Jepson had decreased their invoice by $2,000.00 for their error in the design of the tile.
SET PUBLIC HEARING: SEWER USER FEE #1300
On a motion by Councilor Jerram, seconded by Councilor Samele, the City Council, acting as the Water Pollution Control Authority, voted to schedule a public hearing date of May 17th, 2004, at 7:00 p.m. to hear the WPC Administrator’s recommendation for the proposed Sewer User Fee.
SET PUBLIC HEARING: NEIGHBORHOOD ASSISTANCE #1360
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to schedule a public hearing date of June 21, 2004 at 7:00 p.m. to seek the Council’s approval of the Neighborhood Assistance Act program proposal applications to be included in the Neighborhood Assistance Act Tax Credit Program.
FOOD STAMP EMPLOYMENT & TRAINING CONTRACT #1390
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to adopt a Resolution authorizing Mayor Quinn to sign as grantee on behalf of the city, the Department of Social Services Food Stamp Employment & Training Contract in the amount of $23,700.00.
RESOLUTION
I, Joseph L. Quartiero, of the City of Torrington (the “Contractor”) do hereby certify that the following is a true and correct copy of a Resolution duly adopted at a meeting of the Board of Councilmen, of the Contractor duly held and convened on Monday, May 3, 2004, at which meeting a duly constituted quorum of the Board of Councilmen was present and acting throughout and that such resolution has not been modified, rescinded, or revoked, and is at present in full force and effect:
RESOLVED, that the Mayor, Owen J. Quinn, Jr., is empowered to enter into or amend contractual instruments in the name and on behalf of this Contractor with the Department of Social Services of the State of Connecticut for a Food Stamp Employment & Training Program and to affix the corporate seal.
IN WITNESS WHEREOF, the undersigned has affixed his signature and the corporate seal of the Contractor this 4th day of May, 2004.
Joseph L. Quartiero, CCMC, CTC
City Clerk, Torrington, CT
ADVANCE PAYMENT FOR NEW VEHICLE AND TRAILER: TRAFFIC DIV. #1400
On a motion by Councilor Summers, seconded by Councilor McKenna, the board voted to authorize the advance payment of $42,400.00 from the Vehicle Replacement Contingency Line Item 0309-5900-0120 for the purchase of a new vehicle and trailer for the Traffic Division, and referred it to the Board of Finance. Reimbursement of $33,200.00 is forthcoming.
Comptroller Alice Proulx explained that the Council has already approved $9,200.00 for this purchase and the request was merely to advance the funds in order to pay for the vehicle and submit paperwork for the reimbursement.
TRUCKED WASTE DISPOSAL FEE SCHEDULE #1510
On a motion by Councilor Jerram, seconded by Councilor McKenna, the City Council, acting as the Water Pollution Control Authority, voted to approve the Trucked Waste Disposal Fee Schedule, effective 7/1/2004, as submitted by the WPC Administrator.
Councilor Jerram inquired as to where the septic and grease were being generated from.
Mr. Drew explained that sewage is accepted from the Torrington Area Health District which incorporates eighteen towns as members and grease is accepted from throughout the state since Torrington is the pilot town for a program initiated by the state.
Councilor Jerram asked if there was a way to determine how much of the proposed increase in sewer user fee was due to the maintenance of the facility versus the service to city residents.
Mr. Rollett stated that the fee is broken down into operation maintenance and bond costs. The intent of the fee structure is to make these various programs self sufficient. The proposed fee structure for grease is intended to fully fund the regional grease receiving facility and not to use any of the user charge.
Councilor Jerram expressed his concern over reaching the maximum capacity, having to make changes, and having to ask residents to pay a higher sewer user fee.
Mr. Rollett stated that the intent of the proposed fee structure is to fund these applications properly.
Mr. Drew explained that the fees generate approximately $200,000.00 a year in revenue which decreases their projected expenditures and ultimately reduces the homeowner’s share of what the user fee would be.
CCM SERVICES: UTILITY BILLS #1760
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to accept the Purchasing Agent’s recommendation to enter into a contract with CCM Services, LLC to perform an audit of the City’s utility bills (electricity, natural gas, and telephone) to insure the city is charged correctly for the services received and to determine if future savings are possible.
The cost for performing the audit will be a flat rate of 40% of the total savings they generate for the next two years.
PURCHASE CAB & CHASSIS: WPCA #1880
On a motion by Councilor McKenna, seconded by Councilor Summers, the City Council, acting as the Water Pollution Control Authority, voted to accept the recommendations from the Purchasing Agent, the Superintendent of Equipment Maintenance and the WPC Administrator to purchase a 2004 gasoline powered Ford F550 cab and chassis from Litchfield Ford for $29,332.00.
WEST STATE MECHANICAL #1950
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted to accept the Purchasing Agent’s recommendation to extend West State Mechanical’s contract for Plumbing, Furnace & Boiler Services for the year 2004/2005.
SMALL CITIES: CITY OF TORRINGTON #2000
On a motion by Councilor Samele, seconded by Councilor McKenna, the board voted to authorize the payment of $225.00 from Small Cities Fund #250 to the City of Torrington for three limited title searches performed.
SMALL CITIES: DEFERRED LOAN #2010
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board voted to authorize a 0% Deferred Loan for $4,552.00 from Small Cities SC-2002 Grant for Project #143-189P2.
HYDE STREET: BLIGHT ON A SPOT BASIS #2020
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board voted to declare 98 Hyde Street as a “Blight on a Spot Basis that is Detrimental to Public Health and Safety” under the guidelines set forth in State Statute 24CFR570.483(c)(2).
During the discussion, Corp. Counsel Vasko indicated that this house was badly deteriorating, it had been cited for blight, and it had social service liens against it. The city is attempting to obtain funds from Small Cities to demolish the building and put a lien on the property. Single family homes are eligible to be fined if they are unoccupied.
Zoning & Inland Wetlands Enforcement Officer Kim Barbieri stated that the city could apply blight if it’s a vacant property. It makes the best sense to apply for a clean lien because the property poses a public threat.
Councilor Jerram asked if they would be able to foreclose on the lien and market the property to recapture the funds.
Mrs. Barbieri said she didn’t believe so because the state was first in line.
Councilors Summers and McKenna inquired whether the owner was competent and/or responsive enough to make decisions.
Mrs. Barbieri indicated that the owner was deaf and mute but very communicative. She said that the city had been dealing directly with the property owner’s conservator through the Building Department.
Councilor Jerram expressed a concern over whether or not the city would ever be able to recapture Small Cities’ money.
Mayor Quinn stated that was the reason they were using Small Cities’ grant funds rather than taxpayer dollars. He said, “If we don’t get it back, we’ve taken care of a blighted property and a structure that is unsafe, which allows Small Cities’ funds to be used for that exact purpose.”
LEVY FINES: 199 WATER STREET #2230
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted to levy fines under the City’s Anti-Blight Ordinance for property located at 199 Water Street.
Corp. Counsel Vasko indicated that the amount of the fines would be $2,475.00 per day, which would take effect immediately.
Inland Wetlands & Zoning Enforcement Officer Kimberly Barbieri stated that the property owner had every opportunity to appeal it, comply or come in to discuss the matter and hasn’t done either of these options.
BUS: DEPT. HEADS #2280
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted to consider business presented by Department Heads.
Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri stated that she had a matter for Executive Session under Land Acquisition.
BUS: MAYOR & MEMBERS #2360
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to consider business presented by Mayor Quinn and members of the City Council.
Councilor Jerram inquired whether Coe Park would be open to the public for Flag Day, June 14th.
Mr. Rollett stated that the use of the steps and concrete pad of the Civic Center should not be a problem. He would see to it that Richard Calarco was made aware of the matter.
Councilor Jerram inquired whether the Council would be able to act on 199 Water Street after the fines had accumulated.
Mayor Quinn stated that there was a history of taking legal action and foreclosing when fines become significant, which, in this case, would only take a matter of days.
BUDGETS #2500
MAYOR’S BUDGET #2500
Mayor Quinn stated that the Mayor’s budget had no changes other than the increase in his salary which he is entitled to.
ECONOMIC DEVELOPMENT #2530
Mayor Quinn indicated that the Economic Development Budget had an increase of $150,000.00 to cover the city’s half of the CEPA Study, or the Master Plan of Development, which is the next step in regard to downtown Torrington, should it take place.
Councilor Jerram inquired whether the funds and the CEPA Study would be managed by the Torrington Development Corporation, and, if so, whether or not they should set up a separate budget.
Mayor Quinn stated that so far, everything had been done in-kind, but they should be thinking about that as they move forward.
On a motion by Councilor McKenna, seconded by Councilor Samele, the board voted to tentatively approve the Mayor’s Budget and the Economic Development Budget.
Mayor Quinn informed the Council that the House and Senate had approved a budget that included approximately $450,000.00 to $500,000.00 in additional dollars for the City of Torrington from ECS and Town Aid. That budget was headed for the Governor’s desk.
ADD TO AGENDA #2700
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted to add an executive session under Land Acquisition.
EXECUTIVE SESSION #2715
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to go into executive session at 7:56 p.m. under Land Acquisition, and invited Zoning and Inland Wetlands Enforcement Officer Kimberly Barbieri and City Planner Martin Connor.
ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
On a motion by Thomas Jerram, seconded by Paul Samele, the Board went into open session at 8:52 p.m.
On a motion by Thomas Jerram, seconded by Jim McKenna, the Board adjourned at 8:52 p.m.
ALBERT G. VASKO
Corporation Counsel
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