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Minutes 05/17/2004
         MINUTES
                   CITY COUNCIL & WPC AUTHORITY
                   MAY 17, 2004

                               A   REGULAR  MEETING  of the City Council & WPC Authority was held on Monday, May 17, 2004, in the Council Chambers.

Those attending 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, City Engineer Edward Fabbri, Assistant City Engineer Robert Trottier, City Planner Martin Connor, Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri, Director of Elderly Services Nancy Gyurko, and WPC Administrator Raymond Drew.

Mayor Quinn called the meeting to order at 7:00 p.m.  

WPCA BUDGET #840
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted to discuss the WPCA Budget.  

Public Works Director Gerald Rollett stated that the bottom line in expenditures for the WPCA budget for year 2004-05 of $3,275,039.00 will require a $9.00 user fee increase to $164.00 for a residential unit or $164.00 per 65,000 gallons for the commercial equivalent.

WPC Administrator Raymond Drew said the WPCA was set up as an enterprise fund.  In order to obtain federal monies for upgrades, it is required that a user charge system be established.  The revenue from the user fee is dedicated solely to the operation and maintenance of the WPCA and the sewer infrastructure.   The sewer user charge in 1997 was $147.00.  It increased to $155.00 in 2003, and the proposed increase for July, 2004 is to $164.00.   Torrington ranked as the twelfth lowest user fee in the state.  

Mr. Drew said the city bonded $2.8 million for the rehabilitation of East Main Street and New Harwinton Road.  The increase from $147.00 to $155.00 covered half of that bonding.  The proposed increase to $164.00 will cover the remainder of the bonding.

Councilor Jerram asked if the interest on the bonding for the capital improvements to the sewer system was paid solely by user fees or partly paid from the city budget.

Mr. Drew stated that the interest on the sewer bond, the Northwest Interceptor, and the East Main Street/New Harwinton Road Bond is paid solely by the WPCA.  The bonding for the plant upgrade is paid 50% by the WPCA and 50% by the city.

From a procedural point of view, Councilor McKenna felt the public hearing should be held prior to the City Council’s vote to approve the WPCA budget, since its approval would then require an increase in the sewer user fee.  

Councilor Jerram suspended his motion to move the WPCA Budget.

Hence, the public hearing was called to order by Mayor Quinn at 7:10 p.m.

PUBLIC HEARING: To set the sewer use charge for the year beginning July 1, 2004 and ending June 30, 2005.

City Clerk Joseph L. Quartiero read the legal notice.

Arthur Mattiello, 212 Garden Street, asked for a clearer explanation for the request to increase the sewer user fee.   He also asked Mr. Drew whether or not he had been given the same directive as other department heads to present a zero based budget.

Mayor Quinn stated that all department heads had been given the same directive, some had complied, some had not.  Those who had not had appeared before the City Council to explain their rationale for the increase.

Mr. Rollett pointed out that the WPCA budget, without the bond issue, had an increase of 1.5%, primarily for contractual reasons.  He further explained that the city’s user fee was actually $15.00 for the final passage of the bond for the East Main Street and Highland Avenue sewers, however, they decided to split the cost in two years ($8.00 in 2003 and $9.00 in 2004) in order to oversee the income.  The majority of this year’s increase is the last half of what the city committed itself to last year.  Those projects are presently under full  construction and the funds will be expended.   WPCA’s income came in very close to projections.  Overall, after the close of the year, there was a $91,000.00 deficit.  It would have been $115,000.00 if the total bond impact had come through.   The income came in a little higher than what was projected, and expenses were somewhat lower than expected. That contributed to their reasoning for not raising the fee by $15.00 in one year.  It was the bond payment that impacted the budget and required the increase in fee.   The increase of $8.00 would raise the income, pay for the bond issue and pay for the 1.5% increase to the WPCA budget.

David Dean indicated that his real estate company had just moved a business and its employees to Winsted.  Their decision to move was partly due to the fact that their sewer user fee would have increased by $7,000.00.    He warned city officials that they were taking the chance of losing more companies each time they added a fee.

Mayor Quinn informed the board that the company Mr. Dean was talking about used a great deal of water and many attempts were made to keep that company in the City of Torrington.  The move was a pure business decision in total and not just based on water.  They received a better total package by going to a different facility in Winsted rather than buying new in Torrington.  Actually, Mayor Quinn stated that the better deal for water over a ten year period for that particular company was Torrington.  He assured the public that parity existed between commercial, industrial and homeowners in order for each to have an proportionate share.  

Having no more comments or questions, Mayor Quinn called the public hearing to a close at 7:20 p.m.  

RE-OPEN/ APPROVE WPCA BUDGET #1560
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to re-open and approve the WPCA Budget.

SET SEWER USER FEE #1580
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board voted to set the sewer use charge for the year beginning July 1, 2004 and ending June 30, 2005 as follows:
For residential use:$164.00 per unit
For all other users: $164.00 per 65,000 gallons of volume of flow.

RECESS COUNCIL MEETING #1600
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to recess the City Council meeting and re-convene the Board of Trustees meeting.

At 8:05 p.m. the Council reconvened the City Council meeting.

MINUTES #1860
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to approve the minutes of the regular meeting held May 3, 2004.

OPEN TO THE PUBLIC #1870
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to open the meeting to the public.

Michael Alciati, 171 Charles Street, inquired about the progress of the Besse Pond project where the storm drain runs through his yard.

City Engineer Edward Fabbri stated that the DEP and the Corps of Engineers will be meeting on Wednesday at which time they will review the city’s application for the emergency permit requested to do the culvert work and take care of the problem on Charles Street. Typically, the permitting process takes a year or two, however, the state has agreed to proceed on a fast-track basis because of the safety issue that has been brought up.   If the DEP approves the permit on Wednesday, they will go out to bid with plans they already have and use funds they already have budgeted for construction.  

Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri stated that the Inland Wetlands Commission felt it was an emergency situation and put it through without a public hearing based on public safety issues. They presented the DEP with a report to that effect.

ACQUISITION OF THE MACHUGA PROPERTY #1980
On a motion by Councilor Jerram, seconded by Councilor McKenna, discussion took place in regard to the acquisition of Machuga property.

Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri introduced Tim Northrup, Director of the Trust for Public Land, Henry Thomas, Associate from SLAM Collaborative, and Arthur Mattiello, Chairperson of the Sue Grossman Still River Greenway Project,  the City Planner Martin Connor, and Park & Recreation Director Rich Calarco.  She noted that the Machuga family was also present.

Mrs. Barbieri informed the Council that the city had just received a signed agreement for the purchase of the Machuga property, contingent upon 1) a Phase 1 Environmental Assessment, 2) the approval of the appraisals from the City Council, and 3) approved funding.  She pointed out that the city had already received letters of support from the Sue Grossman Still River Greenway, the Northwest Conservation District, the Litchfield Hills Council of Elected Officials, and State Senator Andrew Roraback.  Additional letters of support were anticipated from State Representatives Anne Ruwet and Roberta Willis, and Sean Hayden, Board member of the Heritage Land Preservation Trust and nearby landowner.

Superintendent of Park & Recreation Richard Calarco explained that the DEP grant had to be approved by the City Council, Inland Wetlands, Planning & Zoning and Recreation by June 10 in order to be eligible.  He stated that such funding through the DEP is only available for passive land, and that this property has approximately 21 acres of passive land.  Since Torrington is considered a distressed area by the state, the city would be eligible for 60% reimbursement.

Henry Thomas, Landscape Architect with SLAM Collaborative in Glastonbury, CT, indicated that his firm had been retained to provide a Parks and Recreation Master Plan for the city as a whole. He explained that the drawings being presented were only conceptual in nature and represented a varied range of possibilities.   They will, however, give the Council an idea of what can conceivably be done on this property.    He explained that the drawings represented both, high and low impact uses of the land.   

When a resident of Machuga Road stepped forward to ask how it would impact his quality of life, Mrs. Barbieri indicated that public hearings would be required prior to anything being done on the property and that he could be heard as part of that process.

Mrs. Barbieri indicated that the purchase price of the property was $349,000.00.  The cost for two full narrative appraisals is $4,800.00, and the clean up and secure costs are $49,511.00.   Several department heads have been discussing the clean up to see if alternative methods could bring the price down.  The clean up included the demolition of several out buildings and doing away with various farm implements scattered about the property.   The total cost is $403,311.00 and several funding options have been tossed around.  The easiest method of funding would be to add a line item to the budget.  A referendum is also possible.  The source they thought would be best was to borrow from the Anthem, Blue Cross funds that are being held in a special account.   The loan could be repaid by applying for an Open Space Grant for $60,000.00, and the use of funds from the Open Space Account, which is expected to have a balance close to $70,000.00 at the time of the closing.   Should they fall short in the Open Space Account, they could add a line item in the Park & Recreation budget to pay it back in small increments.   Should the Anthem funds become unavailable to the city in the future through litigation, the Council and Board of Finance could determine their course of action at that time.  

Mrs. Barbieri indicated that it was the city’s intent to use grants, and donations to fund the actual development of the park.  The maintenance costs of the park will remain unknown until they actually determine its usage, and that can be factored into the overall budget.  

Mayor Quinn said it was important to emphasize that the drawings were merely conceptual in nature at this time in terms of high and low impact possibilities.  He explained how Mr. Machuga wanted to commemorate his loving wife for the sacrifices she had made for him and their family by living in such a desolate place for all these years.  

Mayor Quinn said he thought using the Anthem funds was an innovative way to re-invest in Torrington for future generations.  He considered it, along with the court house and the revitalization of downtown, as the third leg to a stool.  He commended everyone who worked so hard to put this project together, and thanked Louise Machuga for her kind offer.

Tim Northrup, State Director for the Trust for Public Land, a national, non-profit organization in New Haven who help municipalities acquire land for open space and new parks, said he worked with the Machuga family and David Dean as an independent third party, and the property has now been secured.  As a partner with the city, the Trust for Public Land acts as a facilitator in the transaction. In addition to that, they will prepare and submit the application for the grant which is due June 10, seeking reimbursement from the DEP for the passive portions of the property.  They have already begun a title search on the property to secure title commitment, they will be ordering a Phase 1 Environmental Assessment of the property, and, acting as a potential purchaser, once they have the due diligence completed, they will work with the city to either assign their contract to the city or lay or convey the property to the city.  

Arthur Mattiello, Chairperson of the Sue Grossman Still River Greenway, indicated that the committee whole-heartedly endorsed the purchase of the Machuga property.  It presented an opportunity to extend and enhance the Greenway and the activities that would go on through a recreational trail such as theirs with additional opportunities for recreational activities in very close proximity to the trail.  Together, they will complement each other tremendously.   

Mr. Mattiello explained that the Still River Greenway Committee had taken on an 80/20 grant and they had committed themselves to not extending any dollars to the town of Torrington or Winsted.  To date, they had raised $332,000.00 of the $337,000.00 needed when Torrington signed off on the project.  For the record, Mr. Mattiello submitted a letter of endorsement from the Sue Grossman Still River Greenway Committee.
 
City Planner Martin Connor commended Mrs. Barbieri for her foresight to work with the Inland Wetlands Chairman last year in contemplation that this land could be a valuable recreation property.  She had a Kingsmark Environment Review done on the property,  whereby many people from the state, as well as the Soil and Water Conservation District, looked at the project and submitted a very positive review.  This will have a positive impact when they go through the grant process because some of the people making a recommendation will have actually walked the property.   Had it not been for Mrs. Barbieri’s foresight, the city may have lost a great opportunity.   He pointed out that the City Council will need to refer the matter to the Planning & Zoning Commission for a Section 8-24.

Park & Recreation Director Richard Calarco indicated that the project had received full support from the Park & Recreation Commission.  

State Representative Anne Ruwet indicated a letter of her support would be forthcoming.

MOTION: ACQUIRE MACHUGA PROPERTY #400
On the motion made previously, the City Council voted unanimously to acquire the Machuga property.

Mrs. Barbieri indicated that a Resolution from the Council stating that the city was going to acquire the Machuga property would be required.

Mayor Quinn stated that, if this item is approved by the City Council, a Resolution could be made up stating that on May 17, 2004, the City Council voted in favor of the acquisition of the Machuga property.  The Resolution wouldn’t need to specify exactly how that was going to be accomplished.  The vote would continue the endorsement of the project and the funding would be worked out as part of the budgetary process.

Mr. Northrup stated that that should be fine.  

STATE OPEN SPACE GRANT PROGRAM #470
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to move forward with an application to the State Open Space Grant Program for open space funding.

REFER MACHUGA PROPERTY ACQUISITION TO P & Z FOR 8-24 #475
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to have Planning & Zoning review the Machuga property acquisition and approve a Section 8-24.

APPRAISAL FEE #480
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to authorize up to $4,800.00 from Contingency for the appraisals of the Machuga property, and referred it to the Board of Finance.

COMPLETE CONST. CO. #490
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board voted unanimously to authorize the payment of $49,806.89 from the Northwest Interceptor Fund #302, and $6,595.11 from Sanitary Sewer Capital Improvement Fund #490 to Complete Construction Company for the East Main Street Sanitary Sewer Project and referred the latter to the Board of Finance.

CARDINAL ENG., INC. #520
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to authorize the payment of $4,471.87 from the Northwest Interceptor Fund #302 to Cardinal Engineering, Inc. for work performed on the East Main Street/New Harwinton Road Sanitary Sewer Improvements and Phase 2 from Torrington Heights Road to Norton Street.

CARDINAL ENG., INC. #525
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to authorize the payment of $220.00 from the Northwest Interceptor Fund #302 to Cardinal Engineering, Inc. for work performed on the Sanitary Sewer Improvements to Highland Avenue.

MAGNOLIA COURT #530
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to grant provisional acceptance to Magnolia Court, a new street in the Pleasantview Subdivision that runs from Hillendale Boulevard to the end of a cul-de-sac (549').

The following item was eliminated from the agenda. (Vote from Water Pollution Control Authority to allow the sanitary sewer connection fee of $6,971.00 for modifications in flow at 339 Winsted Road to be paid in installments over a five-year term at 5% interest rate compounded annually, according to Mr. Rollett’s schedule.)
CARPET REPLACEMENT: SR. CTR. #560
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to accept the recommendation from the Purchasing Agent and the Services for the Elderly Services to replace the existing carpet and refinish the dance floor per Section #4 of the bid documents at a cost of $10,800.00.

Director of Elderly Services Nancy Gyurko stated that the cost would be split between her city budget and the Nutrition program.

SMALL CITIES: REPUBLICAN AMERICAN #590
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to authorize the payment of $90.30 from Small Cities Fund #250 to the Republican / American for an invitation to bid ad.

SMALL CITIES: CITY OF TORRINGTON #600
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to authorize the payment of $75.00 from Small Cities Fund #250 to the City of Torrington for a limited title search performed.

GORDON, MUIR & FOLEY # 605
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to authorize the payment of $2,896.00 from Contingency to Gordon, Muir & Foley, LLP for professional services rendered in the Southwest School matter and referred it to the Board of Finance.

RECOMMENDATIONS: SMALL CITIES #650
On a motion by Councilor Samele, seconded by Councilor Jerram, the board voted unanimously to accept the Small Cities’ recommendation to approve the housing rehabilitation loans for projects #143-193 and #143-194 based on health hazards being present.

On a motion by Councilor Samele, seconded by Councilor Jerram, the board voted unanimously to table a subordination request that was presented to the Small Cities Committee due to some questions on a $30,000.00 debt.

BUS: DEPT. HEADS #700
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to consider business presented by Department Heads.

Public Works Director Jerry Rollett reminded the board that the WPCA had scheduled an informational meeting for June 14th to make a presentation on their upcoming projects.

BUS: MAYOR & MEMBERS #780
        On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to consider business presented by Mayor Quinn and members of the City Council.

Councilor Jerram recognized Al Silano’s son who was competing in the NCAA Division II Golf Tournament in Florida over the week-end.  

Councilor Jerram commended Deputy Fire Chief Jaye Giampaolo for the wonderful job he was doing on the Memorial Day Parade.

Councilor Summers stated that the bike race held May 16th was a great success.

Mayor Quinn agreed, saying that it had a tremendous amount of energy.  He stated that the event was just one way of making Torrington the economic hub of Litchfield County.

ADJOURNMENT #950
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to adjourn at 9:10 p.m.


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