MINUTES
CITY COUNCIL & WPC AUTHORITY
AUGUST 2, 2004
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, August 2, 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, Asst. City Engineer Robert Trottier, Superintendent of Streets Robert Lizotte, WPC Administrator Raymond Drew, and Traffic Officer Robert Shopey.
Mayor Quinn called the meeting to order at 6:30 p.m.
MINUTES #020
On a motion by Councilor Samele, seconded by Councilor Jerram, the Council voted unanimously to accept the minutes of the regular meeting held July 19, 2004.
OPEN TO THE PUBLIC #030
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public.
Sergeant Major Leonard Dube, Veteran’s Service Officer for the City of Torrington requested that a public hearing be scheduled as soon as possible to consider adopting an ordinance to provide for additional veterans’ property tax exemptions, pursuant to Connecticut General Statute #12-81f. The proposal is in accordance with Public Act 3-44, House Bill 5264 that went into effect in 2002.
He explained that he and his comrades stood before the Council in the fall of 2002 and asked for consideration of property tax exemption increases for our veterans in accordance to legislation passed by the General Assembly making it optional for communities to consider additional benefits. Effective with the 2003 grand list, veterans and surviving spouses were given an additional $5,000.00 exemption toward property taxes, however, legislation permitted up to $10,000.00.
Mr. Dube presented the following proposals for consideration:
Proposal #1: To increase the exemption to $10,000.00 for those who meet the stringent eligibility requirements, OR,
Proposal #2: In accordance with the legislation passed, to raise the exemption to 10% of the assessed value.
Proposal #3: To raise the income levels from $26,100 and $31,900 respectively by $25,000 to $51,000 and $56,900. This raised income level would be in addition to the raised exemptions.
Proposal #4: To exempt the payment of property tax for the current year for any U.S. Serviceman killed in action during the war on terrorism. (Torrington had one occurrence.)
Proposal #5: To grant a retroactive $1,500.00 tax credit to any Torrington resident who is a member of the U.S. Military and can prove they served on active duty in the terrorism operations for taxes due October 1, 2003. Proof required would be a letter from their Commanding Officer and a photo copy of their Active Duty I.D. Card.
Mr. Dube supplied the Council with minutes from a meeting that had taken place on March 18, 2004, with Senator Andrew Roraback.
Mayor Quinn indicated that the matter will be turned over to the Ordinance Committee, who, in turn, will bring it back to the full Council for consideration. He understood that time was of the essence and they will deliberate with Corp. Counsel Vasko. Mayor Quinn will inform Mr. Dube personally on the status of the schedule.
In closing, Mr. Dube commended the Assessor’s Office for providing information he requested and for being very cooperative and considerate, especially in the death of serviceman D’Agostino in November of 2003. Mr. Dube hoped that Torrington could become a pace setter in recognizing and welcoming our National Guardsmen and Reservists coming back from active duty.
Michael Alciati, 171 Charles Street, inquired about the status of filling in the drainage ditch on his property.
Corp. Counsel Vasko said he believed Mr. Fabbri had received the green light from the DEP, but he wasn’t certain if the necessary permits had been issued. He would check into it for Mr. Alciati.
ANTI-BLIGHT FINES - 155 PARK AVENUE #320
Atty. Peter Herbst represented Wilford Reil, owner of the three family home located at 155 Park Avenue. He explained that Mr. Reil had bought a dozen multi-family homes in earlier years and spent much of his spare time working on them. In the mid 80's he ran into significant health problems which continue to the present day. His physical problems have kept him from working on his properties as well as totally wiping out his funds. The property in question was sold at a tax auction in October of 2001. Determined not to lose the property, Mr. Reil tried for almost a year to refinance the mortgage on his home and was finally able to repurchase the property and began replacing windows. Mr. Reil met with the Blight Committee on many occasions to explain what he was doing. He
had trouble working on the house in the winter because the cold weather would disable him for days at a time. He didn’t have the funds to hire someone to do the work. He has attempted to meet the Blight Committee’s deadlines to the best of his ability, and never willfully ignored the city’s requests and did everything he could with his limited means to deal with his problems.
Mayor Quinn told Atty. Herbst last June that it had been long enough, Mr. Reil decided to put the property up for sale. It’s under contract to be sold in Aug.
Atty. Herbst distributed copies of the house in the present condition versus what it looked like when the Zoning & Inland Wetlands Officer sent Mr. Reil a letter informing him of what had to be done to the property. Atty. Herbst assured the Council that Mr. Reil takes the Anti-Blight Ordinance very seriously, and was very responsive in realizing that he could no longer try to take care of the property.
Atty. Herbst asked the Council to take the entire matter into consideration when issuing a penalty since the money Mr. Reil will receive from the sale of this property is of vital importance to his future.
Mayor Quinn stated that Mr. Reil has been responsive to the Anti-Blight Committee, although not as quickly as they had hoped for. He noted that Mr. Reil had made a consorted effort to do some cosmetic work to the front of the building when the National Tournament made it to Torrington. Mayor Quinn explained to Atty. Herbst that the Anti-Blight Committee was frustrated by not collecting fines levied against blighted property owners to help pay for the time spent on these matters and to add to the fund for more Lien and Clean projects.
Mayor Quinn was hoping the two Counselors could come up with a figure. (The fines began in March, 2002 and had accumulated to $240,000.00.)
Councilor Jerram inquired whether the work performed on the property had gone through the Building Dept. and whether all necessary permits had been pulled.
Corp. Counsel Vasko said yes. He also stated that the property was in foreclosure and the City Council would have to take action on the amount of fines before the closing date of August 12th or 18th.
No action was taken. Corp. Counsel Vasko met privately with Atty. Herbst at this time. (See #1800 for action.)
PURCHASE OF TRAILER: TRAFFIC DIVISION #760
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to accept the Board of Public Safety’s recommendation to purchase a cargo trailer for use by the Accident Investigation Team and to refer it to the Board of Finance. A gift of $2,500.00 received from the DOT, Office of Highway Safety, for submitting Torrington’s model of traffic engineering and enforcement will be used to purchase the trailer. The remaining $100.00 will come from the AIT line item.
CHIP SEALING BID #880
On a motion by Councilor McKenna, seconded by Councilor Summers, a discussion took place in regard to the Assistant City Engineer’s recommendation to reject the Chip Sealing of Roads Bid, value engineer the project, and negotiate a contract with the only bidder, Dosch King. Co., Inc.
During the discussion, Superintendent of Streets Robert Lizotte explained that the bid should be rejected and sent back out to bid because they noticed that pages were missing from the specs when placed on the internet and transferred from Word to PDF.
AMEND MOTION #960
Councilor McKenna amended his motion to reject the Chip Sealing of Roads Bid and re-bid the project. Councilor Summers amended his second. Unanimous.
PROVISIONAL ACCEPTANCE: AUBURN WAY #990
Superintendent of Streets Robert Lizotte stated that some of the permits were missing and asked that the item be tabled until August 16th.
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to table the request to grant provisional acceptance to the remaining 860' of Auburn Way from Rockwell Dr. to the intersection of Penny La.
DESIGN PHASE (GREASE TREATMENT FACILITY) #1000
On a motion by Councilor Soliani, seconded by Councilor Samele, a discussion took place with regard to the recommendation from the WPC Administrator to proceed with the design phase of Capital Project D-16 (Grease Treatment Facility), per his memorandum dated 7/29/2004.
During the discussion, WPC Administrator Raymond Drew explained that the WPCA, in conjunction with the Torrington Area Health District and Connecticut DEP, embarked on a Regional FOG (Fats, Oil & Grease) Study about five years ago. That study has been completed. An evaluation was done as part of that study, and Torrington WPCF was set up as a regional grease receiving facility for the eighteen towns that the Torrington Area Health District serves. The design phase is the next phase before going to construction for a new facility.
Mr. Drew explained that the current inflow of grease fluctuates between 600,000 and 800,000 gallons per year. The projection in the study is in the range of 1.7 million gallons per year. The current facility in operation was set up as a pilot program and is not capable of handling the increased inflow of grease for the long term. Therefore, we are looking to go to design for a permanent facility.
Councilor Jerram asked “The capacity that we have today, would that service Torrington proper, the immediate orders, and all the people that generate grease?”
Mr. Drew said the tank capacity itself could service the 200 or so affected restaurants within Torrington that are going to be affected by the general permit that the DEP is hoping to issue for public comment this month. Being that the study was 100% funded by the DEP, part of the construction funding would come from DEP. When Torrington accepted the funds for the study almost five years ago, we agreed that Torrington would be a regional grease receiving facility as is our septage receiving facility. The permit will require everyone who owns a class 3 or 4 restaurant to install a grease trap and to have it cleaned a minimum of four times a year or when the grease reaches 25% of the tank line. Torrington presently services outside the Torrington Area Health District, however, as the inflow increases,
we will be looking to eliminate anyone outside the Area Health District. We probably could make the argument that we don’t have the capacity, however, that was not the intent when the program was set up.
Councilor Jerram said his recollection in the fee structure was put in place so the revenue could sustain the facility and now we were looking at $1.3 to $1.7 million for the technology. He expressed concern over the possible burden we will be putting on our users and the construction versus the usage outside of Torrington and within the Area Health District.
Mr. Drew stated that the effect on Torrington would be the initial capital outlay. The current fee structure would generate approximately $170,000.00 a year if we were set up to accept 1.7 million gallons per year. That would more than pay for the 20% grant 80% debt service, and have no effect on the users fee. We are looking to generate revenue from this program in order to make it self sustaining just like the septage program.
Councilor Jerram said Torrington would have to invest hard earned tax dollars to create this facility and was concerned that we might not get the inflow that we expect from other towns. He thought we should look at a flat assessment rate as well as a user rate to protect ourselves regardless of the flow amounts. It was his opinion that we should proceed very cautiously to protect the residents, since we’re going to have to bond, manage, maintain, and be responsible, while the users get away with merely paying a fee.
Mayor Quinn said it appears there are thoughts of getting money back on the operational aspect of the program, but there is no formula on the capital. He agreed with Councilor Jerram that the taxpayers will be doing the bulk of a capital outlay and the only thing we will get back will be fees from haulers.
Mr. Drew stated that the fees would be used to pay the debt service incurred from the capital outlay.
Mayor Quinn inquired about the anticipated period of time for return.
Mr. Drew said they were looking at between a seven to eight year return for our investment.
Councilor Jerram agreed that it was similar to the sewer system, whereby an expansion project will become necessary once we start exceeding our own capacity. While we know that 200+ restaurants in Torrington will use the facility, no one outside the health area district will be forced to come to this facility. That could cause a big chunk of unused capital that could ultimately affect how we manage and expand our system.
Mr. Drew said they could design a smaller facility and consider only Torrington’s capacity. Either way we will have to design and construct a facility in Torrington. He said, “And then you look at, if you do generate that inflow of grease from the other towns, what is the fee structure and is it self-supporting?”
Councilor Jerram thought it was appropriate to design the project, but we need to seriously consider capacity when doing the design based on some of these issues on how to best project our capital outlay and our bonding. Everyone in Torrington seems to be aware of how much bonding the city already has, while twenty surrounding towns will only pay fees and won’t need to go to bond.
Mr. Drew stated that the facility could be designed with capacity alternatives if we were looking to solely address the issues within the City of Torrington. An example of an alternative could be to allow for a specific number of gallons above and beyond what Torrington is expected to produce for the inflow of grease from surrounding towns.
Councilor Soliani inquired whether we could inform DEP that we can’t take any more inflow of grease from surrounding towns at any point in time after the facility is built.
Mr. Drew said we’ve always had that option. He stated that one of the city’s top priority is the treatment plant. We have had no adverse impact on the treatment plant in the past five years of operation. Mr. Drew said he wouldn’t undertake the project if it were to impact the quality of the Naugatuck River. Even though the plant is designed as regional, the DEP agrees that if we come to a point where we cannot service every restaurant, even in our district, he believed we did have the option to tell them we can’t take anymore. He explained that the haulers are concerned over the fact that there are only three such facilities in the state, and that DEP is looking to add several more, perhaps in Danbury, Simsbury and a couple more in the eastern part of the
state.
Councilor Soliani expressed concern that we would have too much grease in comparison to Councilor Jerram’s concern that we may not have enough.
Mr. Drew’s concern was to design the facility for too little capacity.
Mayor Quinn stated that Torrington wants to be regionally good neighbors, but our first priority is to make sure the taxpayers of the city are protected. He asked Mr. Drew if the grease facility was a good thing for the City of Torrington, and whether it will potentially be a money maker and allow us to further be the regional hub? He asked if the Water Pollution Capital Reserve account was a fund whereby area towns had been paying into, that allows us to use a portion for the design phase, and if we are also going to receive a $45,000.00 supplemental environmental project grant?
Mr. Drew indicated that the protection of the taxpayers was also his first priority. He said this was a good thing for the City of Torrington, that it would potentially be a money maker, and the Capital Reserve Account did allow the city to use a portion for the design phase, and, in addition to the $45,000.00 grant, he was attempting to get another $26,000.00 in SEP money.
Mayor Quinn made certain Mr. Drew understood the Council’s concerns over protecting the taxpayers of the city. He believed the Council would give him the “go ahead” as long as they had Mr. Drew’s assurance that he understood the points they were all trying to make.
Mr. Drew said they could rest assured that he understood what they meant.
Councilor Jerram stated that we had two components to our sewers. The user fee for those who use it, and part of the capital bond issue, which is paid through our mill rate. All the bonding comes from the general fund which everybody pays.
Mr. Drew said the sewer reconstruction is paid from the Sanitary Sewer Capital Improvement Fund. The mill rate paid for 50% of the last WPCF reconstruction.
Councilor Jerram reiterated that the regional towns don’t get to share the wonderful burden of bonding.
Mr. Drew said “Right, the burden for repayment of the bond is based on the inflow and who we can bill for it.”
Councilor Jerram thought we were limited economically as to how many such projects we could undertake.
On the previous motion the Council voted unanimously to accept the recommendation from the WPC Administrator to proceed with the design phase of Capital Project D-16 (Grease Treatment Facility), per his memo dated 7/29/04.
BUILDING DEPT. REPORTS #1780
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to accept the Bldg. Dept. Reports for April, May & June, 2004.
ACTION: ANTI-BLIGHT FINES - 155 PARK AVENUE #1800
Corp. Counsel Vasko reported having met with Atty. Peter Herbst and suggested that the city collect fines totaling $7,000.00 for property located at 155 Park Ave.
ADD TO AGENDA: ANTI-BLIGHT FINES - 155 PARK AVE #1850
On a motion by Councilor Soliani, seconded by Councilor Summers, the Council voted unanimously to add an item to the Agenda by 2/3rds vote in regard to accepting a suggested dollar amount as Anti-Blight Fines for property located at 155 Park Avenue.
MOTION: COLLECT ANTI-BLIGHT FINES - 155 PARK AVE #1860
On a motion by Councilor Soliani, seconded by Councilor McKenna, the Council voted unanimously to accept the suggested amount of $7,000.00 from Mr. Riel in lieu of the blight fines and waive the remaining amount of fines levied against him.
During the discussion, Councilor Jerram asked if this property would be removed from the blight list if it didn’t sell in August.
Corp. Counsel Vasko indicated that once the property is sold the new owner will have thirty days to bring the property into compliance.
Councilor Jerram inquired whether the buyers were aware of the thirty day window.
Atty. Herbst stated that he did not represent the buyers but he would make them aware of it.
SMALL CITIES: CITY OF TORRINGTON #1930
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to authorize the payment of $300.00 from Small Cities Fund #250 to the City of Torrington for performing four Limited Title Searches.
GORDON, MUIR & FOLEY #1935
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $5,728.00 from Contingency to Gordon, Muir & Foley for professional services rendered in the Southwest School matter and referred it to the Board of Finance.
BUS: DEPT. HEADS #1970
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #1980
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Jerram pointed out that time was of the essence for the Ordinance Committee to make changes to the Trash Collection Ordinance.
Corp. Counsel Vasko requested removing Item 12 (Executive Session under Pending Litigation) from the Agenda.
ADJOURNMENT #2060
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to adjourn at 7:30 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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