MINUTES
CITY COUNCIL & WPC AUTHORITY
MARCH 7, 2005
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, March 7, 2005, 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, Comptroller Alice Proulx, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, Director of Elderly Services Nancy Gyurko, Purchasing Agent Charlene Antonelli, WPC Administrator Raymond Drew, Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri, Economic Development Coordinator Christina Emery, and the City’s Consultant to Small Cities Larry Wagner.
Mayor Quinn called the meeting to order at 6:30 p.m.
MINUTES #720
On a motion by Councilor Waldron, seconded by Councilor Summers, the Council voted unanimously to approve the minutes of the regular meeting held February 22, 2005.
OPEN TO THE PUBLIC # 730
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to open the meeting to the public.
Atty. Samuel Slaiby stated that Atty. Manasse had done a great job in his absence on February 22, 2005 when he asked the Council not to accept the Water Pollution Control Plan as presented, whereby it excluded Greenbriar.
Atty. Slaiby addressed the memorandum dated 2/24/05 written by Torrington’s Land Use Group. (Attached to the minutes) In regard to Assertion #1: Excluding this parcel amounts to an “Inverse Taking” on the part of the City. Financially, having the sewer excluded from this area makes this property unbuildable.
The memorandum referred to a book written by Robert A. Fuller which cited “Confiscation Claims.” Atty. Slaiby said he was unable to find case law that specifically dealt with the situation whereby the Master Plan of the City of Torrington, adopted by Zoning, in which investors had to depend upon to invest in the town, had been superceded by an act of a WPCA or like Authority. A condemnation of property was occurring in this instance; a devaluation of property without adequate compensation.
Assertion #2: This property is unlike any other that was excluded from the sewer service area due to its past approval as part of a larger subdivision that was partially built along with public improvements (roads and sewers) the owner had paid for.
Atty. Slaiby indicated that his client (Greenbriar) has paid hundreds of thousands of dollars for road improvements, not just in Greenbriar, but on Hassig Road leading up to Greenbriar and the bringing in of sewers up to Greenbriar supports the exact development being planned for the last three phases of Greenbriar. In fact, his client has submitted an application to Inlands Wetlands this very day to complete the subdivision of Greenbriar.
Councilor McKenna inquired whether Greenbriar had brought the sewers up to the undeveloped section.
Atty. Slaiby said no, but they are prepared to do so and prepared to pay the cost in doing so, including any pumping stations that may be necessary.
It’s important to understand that the sewers and lines leading into Hassig Road were built to specifications to support more than the amount of units that are actually projected in the three new phases. Their projection is now
24 less than the original 81 being considered. They feel the maximum they can realistically build is 65; considering wetlands regulations, then can probably only build 60, 65 max. That means 13,000 gallons of sewage per day, according to the City Engineer’s estimates, which is a drop in the bucket compared to what the sewers on that part of Route 202 already support. The city is already contemplating 100,000 gallons per day from the town of Litchfield.
Councilor McKenna inquired whether the size of the sewers installed was done at the city’s request or done by the developer anticipating what he was going to build in the future.
Before the plan actually went for approval, Atty. Slaiby said it was his understanding that it needed to include the specifications as built in order for the entire plan of Greenbriar to be approved. In other words, during the formal hearings of the application process, they were saying it was not required that Greenbriar build Hassig Road as such, but if that was part of their proposed plan of development, the subdivision would be much easier to approve. So, it was done in contemplation of all five phases being built.
Atty. Slaiby said he thought the City of Torrington had an obligation to people who invest in the city.
Assertion #3: The sewer area boundary line was drawn arbitrarily and specifically to exclude this parcel. 3a. There are other areas of R15 zones that were excluded. Some of it includes a cemetery or open space, but also includes residential areas as well.
Atty. Slaiby said he didn’t think anyone would contemplate doing R15 construction in Besse Park, and much less in the cemetery. In effect, the only R15 zone that would be economically harmed by approving the proposed plan was Greenbriar. It’s hard to look at the way the map is
configured and say “This is not, in fact, spot zoning”, without going through the zoning process. Spot zoning is illegal. He realized that this was being done by the WPCA and not the Zoning Board, but the testimony has been that, after this is done, they are now going to try to come and resolve. They have to because they can’t support R15 development without sewers, it’s just impossible to do. They could build bigger lots, have fewer units and try to get septic systems, but they’re not certain that can be done. No studies have been done on septics, whereas we know that sewers will substantially support not only the 65 units mapped out, but the additional 24 units that are never going to be built.
In regard to 3b: As much as possible the line was drawn to eliminate pump stations, Atty. Slaiby said this was irrelevant. There are no pump stations at Greenbriar and they don’t contemplate any because the topographics are higher than Route 202. If pump stations were needed, the developer would pay for them, not the city.
In regard to 3c: The line was drawn to avoid abutting neighboring towns due to increasing pressure from neighboring communities for Torrington to carry sewage from their town’s development, Atty. Slaiby stated that the city was trying to deny a taxpayer and investor in the City of Torrington the right to add
only 16,000 gallons per day in order to discourage Litchfield from putting an additional 100,000 gallons per day into our sewer system. This means that Torrington’s sewer system, as it presently exists, can adequately support 100,000 gallons a day from Litchfield. How could denying Greenbriar the use of the sewer system discourage Litchfield from doing anything? Litchfield didn’t need to come through Greenbriar. In fact, Litchfield wouldn’t be allowed to come through Greenbriar without the Association’s permission.
In regard to 3d: The line was drawn to reduce the size of sewer service area because the plan shows that the City’s current treatment plant will already not be able to meet the projected 80% build out - based on science, Atty Slaiby indicated that Wright Pierce, the private consulting company hired by the city, testified that the projections they had was for the next twenty years and, within the next twenty years, the 80% will not be reached. When Wright Pierce was asked for exact projections, they had no opinion.
Atty. Slaiby said the city was trying to encourage people to invest in this town. If Torrington progresses the way we hope it will, the city, as well as its investors, will have to make an investment. Other plans to expand or upgrade our sewer system will probably be necessary in the future. A twenty year projection on the present sewer system with the improvements that are already contemplated, should be more than sufficient to sustain the 16,000 gallons total from Greenbriar.
Atty. Slaiby’s final comment was that the city’s first duty is to our present taxpayers. We should try to keep our commitments to people who invest in Torrington. Atty. Slaiby asked the Council to have faith in a good developer who has built quality housing and is ready to invest once again in order to move ahead with the last phases of Greenbriar.
OPEN TO THE PUBLIC (CONTINUED) #1300
Mayor Quinn recognized Victoria Royals, a sophomore at Torrington High School who attended the meeting on assignment to watch government in action.
RFP: SMALL CITIES SIDEWALK IMP. - L WAGNER #1460
On a motion by Councilor Samele, seconded by Councilor Jerram, the Council voted unanimously to accept the recommendation from the Purchasing Agent & the Economic Development Coordinator to award the RFP for Small Cities Community Development Administrator for Sidewalk Improvements to L. Wagner & Asso.
WATER POLLUTION CONTROL PLAN #1550
Mayor Quinn explained that the memo Atty. Slaiby referred to was one which he had asked the Land Use Group to write as a rationale for the Water Pollution Control Plan. The purpose of the memo was to outline the internal mechanism and decision making process that was used by city staff. It wasn’t necessarily about where the line was drawn, but rather, about water usage and where Torrington will be in the future.
Mr. Rollett handed the Council a revised map of the sewer service area including the entire area of Greenbriar. The modified plan would impact the system by 13,000 to 14,000 gallons per day from Greenbriar. This is flow that perhaps we won’t have elsewhere in the City of Torrington, but no one can predict what will happen in the future. He asked the Authority to take a position in order to move forward since it is important to follow a sewer plan.
Councilor McKenna said his concern from the last meeting as to why this isn’t effectively the re-zoning of a property without going through the zoning process, still hadn’t been addressed.
Zoning & Inland Wetlands Enforcement Officer Kimberly Barbieri stated that, effectively, they could still have a subdivision in an R15 zone, but septics may be required. Percolation tests would determine how large the lots would have to be.
Councilor McKenna said whether they want to say that it’s still an R15 zone or not, the fact that they are not going to be able to build on an R15 lot is effectively re-zoning the property to a higher use without going through the zoning process.
Mrs. Barbieri said he was correct. Ultimately, the city’s goal is to re-zone the
property. The overall look at the city from above is to see how we can grade transition into other towns.
Councilor McKenna thought they ought to re-zone before drawing the lines that will effectively re-zone without going through the process.
Mrs. Barbeiri said the statutes don’t require that process to occur. Zoning can’t arbitrarily make zone changes for no particular reason. The idea was that they had the science to devise an actual plan that could determine our limits, and, based on that, necessary changes outside of the plan could be made.
Mayor Quinn noted that, if anyone still had reservations, the Authority could make a motion to include the R15.
Councilor Jerram stated that it wasn’t only the Greenbriar property in question, but rather the four parcels of R15 zoned property, including a city owned parcel, a cemetery, and a piece near the Burrville Firehouse. The modification of the plan should be drawn to include all R15 land as a blanket statement.
Please refer to #2790 for the continuation of this matter.
PUBLIC HEARING: SMALL CITIES #1980
At 7:05 p.m., the Council held a public hearing to review the city’s proposed application to the State DECD for funds under the Small Cities Program for proposed activities in the areas of housing, economic development or community facilities and to review the status of its current Small Cities projects and programs.
City Clerk Joseph L. Quartiero read the legal notice.
Larry Wagner, the City’s Consultant to Small Cities, stated that Torrington had participated in the Small Cities Program since 1978 and has been very successful in a wide variety of projects. The current projects from DECD include the renovations at the Senior Center, whereby the bus facility is built and they are currently in the second phase of constructing an addition, and the implementation of a housing rehabilitation program, whereby funds have been received for the health clinic.
Mr. Wagner stated that the Community Development Block Grant Program is funded on the federal level and is provided in a block grant to states. The states individually provide those funds to communities having a population of less than 50,000. The four categories that may be approved are social services, housing with the exclusion of new construction, community facilities, and economic development. Projects must meet one of the following three national objectives; they should benefit low to moderate income people, eliminate slum or blight, or resolve an imminent threat to public health and safety.
In the past, the city has used these funds for sidewalks, Parks & Recreation, ADA improvements, etc. The purpose of this public hearing is to obtain public comment, input and suggestions for activities that could be eligible under this program. Communities can apply any time during the year for a Small Cities Community Development Block Grant, however, the state is now limiting communities to two projects at one time. As we near the completion of the Senior Center and the rehabilitation project, the goal is to get more projects into the pipeline.
City Engineer Edward Fabbri suggested sidewalk reconstruction for the board’s consideration. He displayed a map of areas in town that would qualify for the grant and suggested concentrating on the central area. (Summer, George and Alvord streets were mentioned.) He pointed out that the sidewalk construction begun several years ago was placed on the back burner when the city turned its efforts to the Senior Center. Mr. Fabbri thought the funds could be stretched as far as possible by repairing/replacing the sidewalk on one side of the street, preferably the north or east side. The city would apply for approximately $450,000.00 to $500,000.00 and see how far that money would go.
Councilor Jerram suggested improving sidewalks in the downtown area.
Mr. Wagner indicated that the selection of the area would be solely up to the city as long as it was in the designated area of the map. The next step would be to submit a pre-application to the state DECD outlining the project. The state will review it for eligibility, take a look at the project, and, if they like it, the city will be invited to submit a formal application and resolution.
Having no further comments, questions, or concerns, Mayor Quinn called the public hearing to a close at 7:22 p.m.
ACCEPT PROPOSED APPLICATION TO DECD #2730
On a motion by Councilor Samele, seconded by Councilor Soliani, the Council after a brief discussion, voted unanimously to accept the city’s proposed application to the State DECD for funds under the Small Cities Program for proposed activities in the areas of housing, economic development or community facilities and to accept the status of its current Small Cities projects and programs.
Under a discussion, Councilor Jerram inquired whether the motion supported the idea presented by Mr. Fabbri as the one project they would pursue or if it was merely to approve the fact that the city would apply for funds for sidewalks in an area to be determined.
Mr. Fabbri said his department had determined the streets to be considered, some of which were Summer, George, Alvord, etc. He informed the Council that the reconstruction of Main Street begun several years ago had been funded by a DOT Istea federal grant and he suggested applying for that same type of grant to continue the Main Street project.
RETURN TO: WATER POLLUTION CONTROL PLAN #2790
Councilor Jerram moved the item to adopt the plan originally submitted for discussion purposes only. Councilor Summers seconded the motion.
Under a discussion, Mr. Rollett said he presented an option to the plan to include the R15 area in the southwestern part of the city known as Greenbriar. To be consistent and include all R15 land, the plan would include the potential 60 lots at Greenbriar, estimating 12,000 gallons per day, the R15 area at Besse Park which would have no impact on development, (supposing that the city would not sell that property for housing), the R15 area in the eastern part by the cemetery which has some potential for perhaps 10 to 20 lots, and the R15 area in Burrville, which is the rear properties of already developed land, which, for development purposes, would probably have no impact. For consistency, to include all R15 area would not have much more of an impact than to include Greenbriar. His
recommendation was to amend the drawing to include all R15 land, and that’s what the Council would act on this evening.
Councilor Soliani couldn’t understand why they needed to include all R15 land when the only parcel that would create on impact would be Greenbriar.
Councilor McKenna said “Any R15 zone that you leave outside this plan, you effectively change the zone, because you can’t build with a septic system on an R15 lot.”
Mrs. Barbieri said she didn’t completely agree that they were effectively changing the zone. There is nothing in the State Statutes that says there’s a specific order, or that you have to do one before the other. The book written by Robert Fuller says that the WPCA can refuse to extend sewers based on topographical or engineering considerations. Specifically, the reason why the R15 land in the east end of town was excluded from the plan was due to elevation problems. Pump stations would have to be installed at a time when the city is looking to remove pump stations. In regard to Besse Park, that property would be very difficult to develop because of the slopes and ledge present. Those are engineering considerations that the WPCA can exclude as part of their powers.
Mr. Jerram said a developer purchasing land in Torrington understands that he is going to get a higher density of development in an R6 or R15 zone because sewers were made available in those zones. The plan was a very well researched and prepared document on why we shouldn’t extend sewers in any of the R15 zoned land. He thought there should be a document of equal preparation showing why we can include the R15 land in the document, and what the impact would be in the overall system and the overall plan as presented by Wright Pierce. He wondered how Litchfield or Harwinton would respond if we were to notify them that we were going to curtail their availability of sewers because of similar concerns. He was fully in favor of voting down Item #4 and adding an item by 2/3rds vote to include
the R15 zone. He thought it was prudent to include the R15 zoned land into the plan so that any of the higher density land already zoned in Torrington will be served by sewers.
Mayor Quinn stated that Torrington does have an agreement with Litchfield and, regardless of what the Council does with this plan, Torrington is obligated by contract, to take water from Litchfield up to the agreed number of gallons. Amending the plan would not stop or change the agreement with Litchfield.
MOTION TO REJECT THE PLAN #3390
Councilor Jerram made a motion to reject the Water Pollution Control Plan as presented on February 22, 2005 at the public hearing in lieu of an alternative plan. Councilor McKenna seconded the motion. The vote was unanimous.
ADD TO THE AGENDA #3410
Councilor Jerram made a motion to add to the agenda by 2/3rds, a vote on the recommendation of the Water Pollution Control Plan as amended, to include all land zoned R15 in the sewer service area. Councilor McKenna seconded the motion.
Councilor Summers wondered if the next step was to include all R25 zoned land.
Mayor Quinn said they would stay with R15.
Councilor Soliani still felt it was unnecessary to include all R15 areas.
APPROVE THE AMENDED WATER POLLUTION CONTROL PLAN #3480
Councilor Jerram made a motion to approve the Water Pollution Control Plan as amended to include all land zoned R15 to have sewers made available to them. Councilor McKenna seconded the motion.
Mr. Rollett said “I want to be careful that it’s within the sewer service area, and NOT that we may make sewers available.”
Councilor Jerram restated his motion to approve the plan as amended to include the existing land that is zoned R15 and R15S. The vote was unanimous. (Effective date of 3/7/05. Map #4934 is filed in the City Clerk’s Office.)
CHORE PROGRAM # 010 TAPE #2
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize Mayor Quinn’s signature for the Torrington Chore Program grant application in the amount of $114,319.00.
MEDICAL TRANSPORTATION PROGRAM #020
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize Mayor Quinn’s signature for the Medical Transportation Program grant application in the amount of $110,684.00.
TRANSFER FUNDS: WAGE INCREASES #030
On a motion by Councilor McKenna, seconded by Councilor Summers, the Council voted unanimously to authorize the transfer of funding for wage increases, per Comptrollers memo dated 2/2/05, and referred it to the Board of Finance.
PUBLIC HEARING: DEVELOPER’S AGREEMENT #050
On a motion by Councilor Waldron, seconded by Councilor Summers, the Council, acting as the WPCA, voted unanimously to schedule a public hearing for 7:00 p.m. on Monday, April 4, 2005, in regard to a Developer’s Agreement for a sanitary sewer extension at 1931 Torringford West Street.
PERMISSION TO HOLD A NEMO PRESENTATION # 070
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to allow a brief presentation at 6:30 p.m. on March 21, 2005 by the University of Connecticut’s land use NEMO Program.
JJG CONTRACTING, INC. 090
On a motion by Councilor McKenna, seconded by Councilor Summers, the Council voted unanimously to award the Bogue Road Bridge Repairs contract to JJG Contracting, Inc. of Harwinton, Ct. in the amount of $70,136.50.
SMALL CITIES: LENARD ENG. INC. #130
On a motion by Councilor McKenna, seconded by Councilor Summers, the Council voted unanimously to authorize the payment of $2,275.00 from Small Cities Fund #276 to Lenard Engineering, Inc. for engineering services rendered through 12/31/04 in regard to the Senior Center. To be paid upon receipt of drawdown #9.
SMALL CITIES: RECORD JOURNAL #135
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $357.12 from Small Cities Fund #275 to The Record Journal for two Invitation to Bid ads. To be paid upon receipt of drawdown #10.
SMALL CITIES: TRANSFERS #140
On a motion by Councilor Samele, seconded by Councilor McKenna, the Council voted unanimously to authorize the transfers of $37,550.00 and $5,108.40 from Small Cities 2002 PE Account to the 2002 Housing Rehab Escrow Account. To be paid upon receipt of drawdown #10.
SMALL CITIES: JOSEPH ALICATA #145
On a motion by Councilor Samele, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $250.00 from Small Cities 143-DSS to Joseph S. Alicata for invoices #R.01 & #R.02 for professional services in regard to the Senior Center.
SMALL CITIES: ICS, INC. #150
On a motion by Councilor Waldron, seconded by Councilor McKenna, the Council voted unanimously to authorize the payment of $16,195.60 from Small Cities 143-DSS to I.C.S., Inc. for payment application #1 for work done in regard to the Senior Center.
SMALL CITIES: L. WAGNER & ASSO. #155
On a motion by Councilor Waldron, seconded by Councilor Summers, the Council voted unanimously to authorize the payments of $4,827.50 and $17,520.00 from Small Cities Fund #275 to L. Wagner & Asso. for professional services rendered from 8/1/04 through 12/31/04. To be paid upon receipt of drawdown #10.
BUS: DEPT. HEADS #160
On a motion by Councilor McKenna, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by Department Heads.
City Clerk Joseph L. Quartiero informed the Council that he was applying for his yearly $12,000.00 Historic Document Preservation Grant and that part of the funds would be used to purchase a second scanner. His plan was to scan the agendas and supporting documents that made up the Council packets and to e-mail them instead of having them delivered. That would eliminate copying costs and save paper. This could probably take place within the next six months or so.
City Engineer Edward Fabbri indicated that he met with someone from Oliver Wolcott Technical School in regard to street lighting on Oliver Street and they were looking at several options.
WPC Administrator Raymond Drew indicated that the city contracted with a construction company to reconstruct the sanitary sewers along Torrington Heights and New Harwinton Road last summer. On September 18, 2004, the city experienced a sewer blockage at the intersection of Torrington Heights and Barton Street. The blockage was determined to be a 20" flow through plug that had been installed by the construction company, and an 18" traffic cone that somehow had gotten into the sanitary sewer system and plugged the flow through the sewer line. Consequently, the overflow resulted in the flooding of five homes, doing fairly extensive damage to all five homes. A cleaning contractor was called out to facilitate the clean up of the homes. He had previously met with the
construction company and given them a dissertation as to what had occurred and felt it was their responsibility since the line was under their construction at the time. In fact, the city’s insurance company, CIRMA, had issued a statement reinforcing the city’s stance as well.
He has submitted the claims received from the homeowners and the contractors to the construction company. As of this point in time, the construction company, and/or their insurance has not taken any action in resolving this issue. The contractor hired to clean up the homes was now directly billing the homeowners for the work.
Mr. Drew was looking for some guidance from the Council/WPCA on how to resolve this issue. They have received bills to date totaling $28,000.00 from three of the five homeowners to date.
Mr. Rollett indicated that it wasn’t fair to leave the homeowner in the middle since it wasn’t their fault that the blockage occurred and recommended that the city pay the bills and go after the contractor.
Corp. Counsel Al Vasko indicated that he spoke with the contractor last week and he was going to have his insurance company get in touch with him, however, he has not heard from them yet. Apparently, their insurance company is claiming they have no coverage for pollution, even though they insured a sewer project.
Mayor Quinn agreed that the homeowner should not be caught in the middle of this dispute. He didn’t feel that paying for the cleanup should hurt our legal standing. We need to stand by the taxpayers for their damage and pursue by legal means any and all options available to the city.
The Council told Mr. Drew that it would be prudent to verify the claims submitted.
BUS: MAYOR & MEMBERS #470
On a motion by Councilor Jerram, seconded by Councilor Summers, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Waldron inquired about the budget meetings.
Mayor Quinn stated that the Board of Public Safety would be reviewing their budgets on Wednesday. The Council has preliminary budgets in their possession. Once the Council had all budgets, they would begin reviewing them in earnest.
Councilor Samele inquired whether the budget process would be the same as last year.
Mayor Quinn said he would try to make the budget process a little less onerous than it has been in the past. The Comptroller has been working on some possible dates to meet.
On behalf of the City Council, Mayor Quinn thanked the department heads involved in the Water Pollution Control Plan for their hard work and dedication.
Mayor Quinn informed the Council that Bill and Polly Doremus were honored at the Trinity Episcopal Church for their commitment to the community.
ADJOURNMENT #660
On a motion by Councilor Jerram, seconded by Councilor Summers, the Council voted unanimously to adjourn at 8:00 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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