MINUTES
CITY COUNCIL & WPC AUTHORITY
JUNE 7, 2004
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, June 7, 2004, in the Council Chambers.
Those in attendance included Mayor Owen J. Quinn, Jr., City Councilors Thomas C. Jerram, 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, WPC Administrator Raymond Drew, Superintendent of Equipment Maintenance Michael Michaud, Building Official Francis Cardello, Zoning and Inland Wetlands Enforcement Officer Kimberly Barbieri, and Fire Chief John Field. Absent was Councilor Paul F. Samele, Jr.
Mayor Quinn called the meeting to order at 6:40 p.m.
MINUTES #020
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to accept the minutes of the Public Hearing on City Budgets held May 6, 2004.
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to accept the minutes of the regular meeting held May 17, 2004.
OPEN TO THE PUBLIC #035
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to open the meeting to the public.
Mayor Quinn and the board allowed John Croci to address the Council in regard to an item on the agenda concerning his mother’s property located at 130 Tara Drive, which was considered blighted property.
Mr. Croci requested an extension to July 21, 2004, in order to finish the masonry which was scheduled to be done in the next few weeks.
Zoning and Inland Wetlands Enforcement Officer Kimberly Barbieri stated, that in addition to the masonry work that needed to be done, the water and sewer line needed to be connected, and two broken windows in the back of the house needed to be replaced.
Mr. Croci explained that a new manhole in front of the house was scheduled to be installed by the end of the month, and preferred waiting until that was done instead of hooking up to the existing lateral.
Mayor Quinn pointed out that when Mr. Croci attended a blight committee meeting on February 18, 2004, he committed himself to completing the work by June 1.
City Engineer Ed Fabbri stated, that even though the pump station on Tara Drive was being eliminated, Mr. Croci could still connect to the existing sewer stub as long as he had a permit to do so. The city would reconnect him to the new line in two to three weeks.
Mayor Quinn said Mr. Croci informed him that he was being prevented from hooking up to the sewer line by materials left on his property by whoever was doing the construction work on that project.
Mrs. Barbieri informed the board that the materials were removed in less than 24 hours from the time they were informed about them.
Mayor Quinn said the recommendation from the Blight Committee, if granted, would be that this is the final extension. (See discussion at #890)
There was no further public participation.
TRANSFER OF AUDIT CONTRACT #200
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to approve the transfer of the awarded Audit contract from Scillia, Dowling & Natarelli to Sawicki & Lombardozzi, LLC.
STREET LIGHT RECOMMENDATIONS #220
On a motion by Councilor Summers, seconded by Councilor Jerram, the board voted unanimously to approve the Street Light Committee’s recommendation that five new street lights be installed in the Northwoods Subdivision and that one street light be replaced.
CARDINAL ENG. #250
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to authorize the payment of $1,495.62 from Northwest Interceptor Fund #302 to Cardinal Engineering, Inc. for construction, administration, and inspection services on the East Main St./New Harwinton Sewer Improvements and Phase 2 from Torrington Heights to Norton Street.
THOMAS CHRISTIANO, INC. #260
On a motion by Councilor Jerram, seconded by Councilor Waldron, the board voted unanimously to authorize the payment of $18,124.10 from the DSS Reich & Tang tax-exempt Proceeds Fund to Thomas Christiano, Inc. for work performed on the Senior Center Garage Building Application for Payment number five.
SUMMIT STRUCTURES #300
On a motion by Councilor Jerram, seconded by Councilor Soliani, the board voted unanimously to award a contract to Summit Structures, LLC in the amount of $223,322.00 to install roof structures and doors on the Salt and Sand Storage Buildings. This is a budgeted Capital Improvement Program project.
Mr. Rollett reported that the city will be fully operational for this coming winter for sand as well as for salt storage.
SEWER LINE EXTENSION #320
On a motion by Councilor Jerram, seconded by Councilor Summers, the Council, acting as the WPCA, voted unanimously to accept the favorable recommendation from the Planning & Zoning Commission on the Section 8-24 referral in regard to a sewer line extension for Stephanie & Daniel Cisowski on Dennison Drive.
On a motion by Councilor Jerram, seconded by Councilor Summers, the Council, acting as the WPCA, voted unanimously to allow for the extension of a public sanitary sewer beginning at the intersection of South Road and Winsted Road, extending sewer line westerly 90' across Winsted Road to serve property owned by Stephanie & Daniel Cisowski and other future development on the west side of Winsted Road. The cost of the project will be paid by the applicant.
SECTION 8-24: MACHUGA PROPERTY #350
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to accept the favorable recommendation from the Planning & Zoning Commission on the Section 8-24 referral in regard to the Machuga property on Winsted Road.
STATE BIDS: ROADWAY WORK AND SALT #365
On a motion by Councilor Soliani, seconded by Councilor Summers, the board voted unanimously to waive the bid process and accept the State Bids for roadway work and road salt for the fiscal year 2004-2005.
PAVEMENT RECLAMATION SERVICES #370
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to extend the Pavement Reclamation Services Contract with Rafferty Fine Grading for the 2004-05 fiscal year with no increases in cost.
VEHICLE: PUBLIC WORKS #390
On a motion by Councilor Waldron, seconded by Councilor Jerram, the board after a brief discussion, voted unanimously to accept the recommendations from the Purchasing Agent and the Superintendent of Equipment Maintenance to purchase a new 2003 Ford Crown Vic for the Public Works Director’s use from Litchfield Ford at a cost of $17,500.00.
VEHICLE: TRAFFIC DIVISION #510
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to accept the recommendation from the Superintendent of Equipment Maintenance to purchase a 2004 Ford Expedition from Litchfield Ford for use by the Police Department’s Traffic Division. Eighty percent ($24,278.40) will be funded from a federal grant and 20% ($6,069.60) from city funds. Funds have already been approved from the Vehicle Replacement Contingency Line Item.
TRUCKED WASTE DISPOSAL REGULATIONS #590
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council, acting as the WPCA, voted unanimously to approve the Trucked Waste Disposal Regulations, effective 7/1/04, as recommended by the WPC Administrator.
A brief discussion took place in regard to the fee structure that the Council recently approved. Councilor Jerram said they needed to be certain they were being fair to city residents and taxpayers. He inquired whether a different rate structure could be established for haulers outside of Torrington’s borders.
Mr. Drew explained that grease was being accepted from almost the entire state. He informed the board that the DEP was set to issue a general permit for food service establishments. Our criteria is to service the 17 or 18 towns within the Torrington Area Health District. Our primary concern is obviously the businesses and residents of Torrington. If it comes to a point where our capacity is exceeded, we would seriously have to look at limiting the intake from outside our district, or even outside our city.
With respect to septage, the receiving facility was built with Clean Water Funds issued in 1992, and part of the agreement was to design a regional facility. Every attempt is made to limit intakes from towns that have a facility of their own.
Councilor Jerram was concerned that Torrington will reach the point where we will be mandated to make changes to our facility.
Mr. Drew stated that they would have to look very seriously at what they are accepting if they reached that point. Septage and grease have a minimal impact on the treatment plant in comparison to regular domestic sewage.
Mr. Rollett added that grease generates revenue that helps keep the user fees down as long as we don’t exceed our capabilities to manage it.
T.H.S. INVOICE #830
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to authorize the payment of $4,850.00 from the Torrington High School Building Fund #285 to West State Mechanical for repairs to the temperature control system.
SMALL CITIES #850
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to authorize the following Small Cities payments:
Fund #250 $ 133.92 Record Journal Invitation to Bid ad
Fund #250 $18,187.50 L. Wagner & Asso. Prof. Services 1/1/04 to 4/30/04
Fund #276 $ 4,792.50 L. Wagner & Asso. Prof. Services 1/1/04 to 4/30/04
Fund #276 $ 3,767.50 L. Wagner & Asso. Prof. Services 1/1/04 to 4/30/04
UNITED WAY #860
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted 5-1 with Councilor Soliani opposing, to grant United Way permission to install their Thermometer in front of City Hall from September 3 to November 19, 2004.
RECOMMENDATIONS: THREE (3) ANTI BLIGHT MATTERS #890
TARA DRIVE: CATHERINE CROCI
Councilor McKenna made a motion to levy fines ($99.00 per day) on 130 Tara Drive owned by Catherine Croci. Councilor Soliani seconded the motion.
During a discussion Councilor McKenna suggested levying the fines and waiving them if the work is done by his proposed extended date of July 21.
The punch list, which Mr. Croci created himself, included hooking up the sewer, backfilling the trench, grading and seeding the entire sight, installing the masonry and repairing two windows in the back by July 21, 2004.
Mrs. Barbieri said Mr. Croci had already stated in February that these same items would be completed by June 1, 2004.
Councilor McKenna reiterated that they should levy the fines, and if the work is done by June 21, they could reopen the matter and make a separate motion to waive the fines.
The vote was unanimous to levy the fines.
131 WATER STREET (OLD FIREHOUSE) #1230
On a motion by Councilor Soliani, seconded by Councilor Jerram, an update in regard to 131 Water Street (Old Firehouse) was given.
Mayor Quinn said his office had received a phone message from J.R. Laliberte saying he was unable to attend this meeting due to prior commitments.
Mrs. Barbieri stated that she and Mr. Cardello reviewed a letter from Mr. Laliberte, dated June 4, 2004 that outlined items that have been completed in this matter. She explained that Mr. Laliberte has not been working with the Building Department to obtain permits to remove some of the partitioning. If the removal of partitions was strictly for asbestos removal, no permits were required. However, they were continuing to remove a number of other partitions that would require Mr. Cardello’s approval and no one has contacted Mr. Cardello at all.
Councilor Jerram inquired whether the removal of partitions was a blight issue or a state building code issue.
Mrs. Barbieri stated that work done to the interior of the building was a building code issue.
Mr. Cardello stated that he wasn’t certain what the owner was doing to the inside of the building. He had spoken to Mr. Laliberte’s architect, who stated that the partitions were removed for asbestos evaluation.
Mrs. Barbieri stated, in addition to blight issues, there were safety issues in regard to the possibility of bricks falling off the facade, and actual restrictions and covenants for a restoration agreement that doesn’t have a time line for restoration so the city could take the building back, nor does it have expiration dates for the City Council to require, review and approve plans.
It was pointed out that Mr. Laliberte was already being fined $750.00 a day.
Councilor McKenna added that the Council had already required Mr. Laliberte to furnish them with concrete plans.
Mrs. Barbieri said he had promised the city to have a report from his architect in April and to appear before the City Council with those plans in May. Since that didn’t occur, the city requested that Mr. Laliberte appear before the Council at this meeting.
Because of the $750.00 a day fines since February 26, Mayor Quinn and the board agreed that they should be talking about foreclosure.
Councilor Jerram asked Corp. Counsel what would be involved with initiating foreclosure and what expenses could they anticipate in doing so.
Corp. Counsel Vasko stated that they would need to file a lawsuit in Litchfield and have Mr. Laliberte served with papers. The cost would be approximately $325.00 for court and sheriff’s fees to get the process started. Larger fees of a couple thousand dollars would occur later.
Councilor McKenna thought the city had a responsibility to push Mr. Laliberte to do what he was going to do or take the property back.
Councilor Jerram inquired about the process if there was equity in the property.
Corp. Counsel Vasko could file a foreclosure by sale if there was equity in the property. The property would then go on the market through a committee sale and a bid.
Councilor Jerram inquired whether it would still be subject to the restrictions placed on it from the original sale.
Mrs. Barbieri was fairly certain that restrictions would remain on the property, but she could check into it to make sure. Whoever bought it would have to buy it subject to the restrictions.
139 WALL STREET #1560
On a motion by Councilor McKenna, seconded by Councilor Soliani, the board after a brief discussion, voted unanimously to oppose the request to waive fines, release the lien and withdraw foreclosure action on 139 Wall Street property owned by Newton Legeyt to facilitate the sale of the property.
Corp. Counsel Vasko indicated that the bank had a judgement foreclosure on the property. They moved to reopen the judgement and withdrew the action. The city’s foreclosure on the property was pending.
Mrs. Barbieri indicated that the sale of the property was about to happen but the buyer didn’t want to pay $27,000.00 in anti blight fines. In order to facilitate the sale, the request was being made and the purchaser had already given Mr. Cardello a letter of intent asking for sixty days to complete the work necessary.
ADD TO AGENDA #2150
On a motion by Councilor Summers, seconded by Councilor McKenna, the board voted unanimously to place the matter of 131 Water Street, the Old Firehouse, on the Agenda by 2/3rds vote.
FORECLOSURE: OLD FIREHOUSE #2160
On a motion by Councilor McKenna, seconded by Councilor Soliani, the board voted unanimously to foreclose on 131 Water Street, the Old Firehouse.
HOMELAND SECURITY PROGRAM #2220
On a motion by Councilor Jerram, seconded by Councilor McKenna, the board voted unanimously to adopt a Resolution concerning a Homeland Security Program and authorized Mayor Quinn to enter into an agreement with Federal, State and Local Officials to receive Homeland Security funds.
RESOLUTION:
Be it resolved by the Board of Councilmen of the City of Torrington that Mayor Owen Quinn is hereby authorized to execute the Memorandum of Understanding Between the State of Connecticut, Department of Public Safety, and the City of Torrington and all related documents for the fiscal year 2004 State and Homeland Security Grant Program in the total amount of $196,387.00.
Adopted by the Board of Councilmen of the City of Torrington this 7th day of June 2004.
BUS: DEPT. HEADS #2480
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #2490
On a motion by Councilor McKenna, seconded by Councilor Jerram, the board voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Waldron stated that he had received complaints about the city using Toro Field as a storage area for reclamation materials.
Mr. Rollett said the materials will be removed by the end of the month when the project is complete.
Councilor Summers said he was very impressed with the Memorial Day Parade.
Councilor Jerram noted that the Elks will sponsor a Flag Day Ceremony on June 14th and dinner was available at the Elks Lodge to support the veterans.
Councilor Soliani said she heard a number of favorable comments on the Memorial Day Parade and commended Jaye Giampaolo for all his time and effort.
Councilor McKenna echoed his sentiments to Jaye Giampaolo for the parade.
Mayor Quinn invited everyone to attend the ground breaking ceremony for the Torringford School scheduled for June 11, 2004.
Mayor Quinn and the board congratulated Councilor Samele for becoming the proud father of a bouncing baby boy, Domenic Paul. Everyone wished him well.
ADJOURNMENT #28
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to adjourn at 7:50 p.m.
ATTEST: JOSEPH L. QUARTIERO, CCTC, CMC
CITY CLERK
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