MINUTES
CITY COUNCIL & WPC AUTHORITY
MAY 16, 2005
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, May 16, 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, Paul W. Summers, and Drake L. Waldron. Also Corp. Counsel Albert Vasko, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, WPC Administrator Raymond Drew, and Economic Development Coordinator, Christina Emery. Councilor James F. McKenna was absent.
Mayor Quinn called the meeting to order at 6:35 p.m.
MINUTES #015
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to approve the minutes of the special meeting held April 25, 2005 on budgets.
OPEN TO THE PUBLIC #020
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to open the meeting to the public. There was no public participation.
Mayor Quinn recognized the following Boy Scouts currently working on their Communications Merit Badge: Tim Quackenbush, Anthony Biancardi, Barrett Donna, Paul Grossi, Justin Hutson, and Zachary Goddard.
Mayor Quinn also recognized the following Boy Scouts currently working on their Citizenship in the Community Merit Badge: Alec Donna, Wesley Foster, and Michael Ferrotti.
APPEAL: DISCHARGE OF WATER INTO STREETS #110
Michael Lamagdeleine said he received a letter from the City Engineer stating that unsafe conditions were being created in the winter from a discharge of water from his property located at 143 Morningside Drive. The ordinance in the City Charter prohibiting a discharge of water into streets is #180-36, and was enacted on February 2, 1998. Mr. Lamagdeleine explained that the drainage installation in question was installed by the previous owner of the property, prior to the enactment of said ordinance. As a pre-existing legal condition, it was his belief that the ordinance should not, in effect, render a legally conforming condition illegal. The drainage system should fall under a grandfather clause, which is a common practice when pre-existing conditions exist.
He pointed out that the ordinance was implemented not to be enforced unilaterally, but rather on an ad hoc basis. In other words, if no complaint was received, no condition existed. Personally, he felt this was not the best way to administer an ordinance because it leaves it open to possible bias.
Mr. Lamagdeleine stated that the drainage problem was exacerbated by a construction site approved on East Hill Road in 2001, after the ordinance was passed, whereby a newly installed curtain drain routed water around the property to follow a natural grade. The property on East Hill Road is approximately 20' to 30' higher than his property. It was inevitable that this water would impact property below that level.
City Engineer Edward Fabbri stated that each winter is different in terms of the amount of icing problems we have and that his department addresses the problems as they come in. He reported that Mr. Lamagdeleine was the first person to file an appeal since his department started following up on this type of complaint. Other people receiving similar letters from the Engineering Department have taken the necessary action to alleviate the problem by connecting to storm drains.
Councilor Summers inquired as to what was causing the problem.
Mr. Fabbri indicated that ground water was going into a drain in the back and side yard and dumping into the street.
Mr. Lamagdeleine wanted to make it clear that he would not tolerate a pipe running water directly onto the road. Secondly, it was his full intention to take action and was willing to work with the city. However, the situation has caused him some concern and a potential financial hardship. He has considered several options, one of which was to continue the pipe below the frost line and allow it to follow the natural grade instead of bringing it to the surface. He explained that the storm drain in front of his neighbor’s house had a 2' stub pipe and that something was tied into it at one point. The information he received from the Assistant City Engineer was that the piping was crushed at a distance of about 15' from the junction and is presently unusable. It could be as simple
as having someone dig a trench and put a PVC insert into the stub. He didn’t think it was fair to impose a deadline of September 30, 2005 with a fine of $100.00 a day; therefore, he requested a reasonable amount of time to take care of the matter.
Mr. Lamagdeleine said he could dig below the frost line before September 30 and make sure the pipe terminates below the frost line. He could then hire a contractor in the spring to connect it to the existing pipe. His immediate concern was to make certain there was no water discharge into the street, and then make it more permanent with a sound connection in the spring. His plan was to run water into where the drain originates, and if it still runs into the road, then he would have to bite the bullet. It was his belief that he could alleviate or eliminate the problem, at least on a temporary basis, with a minimal financial impact.
Mayor Quinn asked Mr. Lamagdeleine what his plans would be if that plan didn’t work.
Mr. Lamagdeleine said he would have to hire a contractor to get it done, in which case he would have to look into some kind of financing.
Mayor Quinn asked him if he would be willing to do that before the snow falls.
Mr. Lamagdeleine said “Yes.”
Mayor Quinn reiterated his plan. Mr. Lamagdeleine would comply with Plan A by September to see if that worked. If Plan A didn’t work, he is willing to finish the job.
Mr. Fabbri said he really didn’t see a Plan A. There was merely one plan and that was basically to discharge the water into the storm system in the street. The ordinance indicates that the homeowner has to tie into the storm system if there is one present. Trying to plug up a drain is not going to work. Water will follow the trench that was dug for the pipe, bleed out and travel downward and eventually pop out of the ground and create icy problems in the winter.
Mayor Quinn asked Mr. Fabbri and Mr. Lamagdeleine to get together to discuss the matter and find a resolution.
Mr. Fabbri suggested extending the deadline to October, since November is when they start having problems with ice.
MOTION TO TABLE #490
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted unanimously to table the appeal from Michael Lamagdeleine, in regard to Discharge of Water Into Streets - 143 Morningside Drive, until August 1, 2005.
PRESENTATION: VISITOR’S WELCOME CENTER #500
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to hear a presentation by the Leadership NW on the Visitor’s Welcome Center.
Joann Ryan, President of the NW CT Chamber of Commerce, stated that one of the outstanding initiatives of the Chamber was the Leadership NW Program, sponsored by the Torrington Savings Bank and assisted by the city’s Economic Development Coordinator, Christina Emery, who was part of the steering committee advising the group. The Leadership NW Program prepares leaders for the role of work and leadership. In learning the infrastructure of the NW CT, they are required to do a project.
Mrs. Ryan introduced Diane Bolduc, 61 Silbro Drive, head of the team.
Ms. Bolduc indicated that their project would be a comprehensive visitor’s center in a centrally located space that would serve the needs of all the businesses of the cities and towns of the NW corner. The team concluded that the City of Torrington would best serve as the hub for this type of welcome center, as the Warner Theater and the Nutmeg Conservatory draw many tourists to the area and foot traffic will increase extensively with the proposed addition of the court house.
In an effort to promote tourism and the businesses of the NW corner, they determined that the need exists to showcase the businesses in a concise, creative and aesthetically pleasing manner. That goal will be accomplished by designing, funding, and constructing a visitor’s welcome center (a kiosk) in downtown Torrington.
The six sided structure would measure 11' H x 11' W, and secured to the ground with concrete anchors. The proposed location is within the municipal parking lot next to the library, in the corner by the library property and the street. Lighting will be installed underneath the roof line aiming down on the literature. The roof line will be illuminated during the holiday season with Christmas lights.
The literature would have to be approved by the Chamber of Commerce, since the structure would be owned by them. A lease agreement will be drawn up, addressing items such as maintenance, ownership, and termination issues, etc. They anticipate raising money locally from the twenty towns who participate in the NW Chamber of Commerce. They were looking for the Council’s approval so they could move forward in their fund-raising efforts. Mrs. Ryan already had a Certificate of Liability with the City of Torrington as an additional insured, as requested.
Mrs. Ryan indicated that specific guidelines would be drawn up for the literature, and that the literature would be similar to the material that is presently on display at the Chamber. Because the Chamber is not open on weekends or evenings, it would be the perfect time for people walking around downtown to pick up the literature at the kiosk. A member of their staff or the committee would be responsible for the upkeep of the kiosk, placing no responsibility on the City of Torrington.
Mrs. Ryan stated that the kiosk would be publicized through the Chambers’ TV / radio show, weekly columns, and a directory that goes out to 1,300 people.
Mayor Quinn inquired whether they had spoken to the Library and the Police Chief.
Mrs. Bolduc stated that they had spoken to the Director of the Library and that she would be presenting it to her board. Because the former Parking Authority participated in the funding of the recent changes to that particular parking lot, an agreement was made to guarantee the library four handicapped parking spaces and twelve regular parking spaces. Mrs. Emery didn’t see a conflict in the agreement between the city and the Library in what they were proposing. In addition, it shouldn’t interfere with any possible construction plans the Library may have in the future because the kiosk will be moveable.
Christina Emery informed the board they had not yet contacted the Police Department, but met with the Land Use Group, the City Engineer and the City Planner. They didn’t believe it needed Planning & Zoning Site Plan approval. Approval of this board should be sufficient; however, they would present the plan to the Police Department.
LEASE AGREEMENT: NW CT CHAMBER OF COMMERCE #1000
On a motion by Councilor Jerram, seconded by Councilor Samele, the board voted unanimously to authorize Mayor Quinn to enter into a lease agreement with NW CT’s Chamber of Commerce to site the Visitor’s Center on land within the Litchfield Street Municipal Parking Lot.
PUBLIC HEARING: SET SEWER USER FEE #1020
Mayor Quinn called the Public Hearing to order at 7:06 p.m. to set the sewer use charge for the year beginning July 1, 2005 and ending June 30, 2006 as follows:
For Residential Users $164.00 per dwelling unit
For All Other Users $164.00 per 65,000 gallons of volume of flow
City Clerk Joseph L. Quartiero read the Legal Notice.
WPC Administrator Raymond Drew said his recommendation was that the sewer user fees remain the same as last year.
Mayor Quinn called the public hearing to a close at 7:08 p.m.
SET SEWER USER FEE #1080
On a motion by Councilor Jerram, seconded by Councilor Summers, the Board of Councilmen, acting herein as the Water Pollution Control Authority, voted unanimously to set the sewer use charge for the year beginning July 1, 2005 and ending June 30, 2006 as stated above.
ADD TO AGENDA #1090
WPC Administrator Raymond Drew requested adding an item to the agenda in regard to approving the WPC Budget.
Mr. Drew indicated that the sewer user fee, as presented, will support the budget as proposed. He anticipated closing out the year 2005 with a surplus, which would offset next year’s (2006) cost of operations.
The current debt service totaling $1.1 million includes the interceptor bond for the construction of the sewers on New Harwinton Road and East Main Street, the sewer bond for work that was accomplished in the early 90's, the clean water fund loan for the upgrade of the treatment plant from 1988 to 1992 and the East Main Street sewers.
ADD TO AGENDA #1195
On a motion by Councilor Summers, seconded by Councilor Soliani, the Board of Councilmen, acting herein as the Water Pollution Control Authority, voted unanimously to add the WPC budget to the agenda by 2/3rds vote.
WPC BUDGET #1200
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Board of Councilmen, acting herein as the Water Pollution Control Authority, voted unanimously to approve the WPC Budget as presented by the WPC Administrator.
CCM SERVICES #1210
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to authorize the payment of $11,944.22 from Contingency Line Item 0010.0047.5651.0000 to CCM Services, LLC for services performed in regard to the Utility Bill Review - Telecom, and referred it to the Board of Finance.
KERIN, FAZIO, & LEONARD #1230
On a motion by Councilor Summers, seconded by Councilor Waldron, the board voted unanimously to authorize the payment of $8,000.00 from Contingency to Kerin, Fazio & Leonard for two appraisals in Phase II, regarding a lawsuit and referred it to the Board of Finance.
ROADWAY WORK, SAND, & SALT BID #1250
On a motion by Councilor Summers, seconded by Councilor Waldron, the board voted unanimously to waive the bid process and accept the state bids for roadway work and road sand and salt for the fiscal year 2005-2006, based on state contracts listed in Mr. Rollett’s memo dated May 9, 2005.
PENNY LANE #1280
On a motion by Councilor Waldron, seconded by Councilor Summers, the board voted unanimously to grant provisional acceptance to Penny Lane beginning at the intersection of Hillendale Boulevard and continuing to the end of the Penny Lane cul-de-sac.
SMALL CITIES: CITY OF TORRINGTON #1280
On a motion by Councilor Waldron, seconded by Councilor Summers, the board voted unanimously to authorize the reimbursement of $2,409.74 from Small Cities Fund #250 to the City of Torrington in regard to temporary relocations’ costs for Project #143-219.
SMALL CITIES: BL COMPANIES #1290
On a motion by Councilor Summers, seconded by Councilor Waldron, the board voted unanimously to authorize the payment of $3,500.00 from Small Cities Fund #276 to BL Companies for professional services rendered in regard to the Sullivan Senior Center.
APPOINTMENT: TAHD #1300
On a motion by Councilor Summers, seconded by Councilor Waldron, the board voted unanimously to reappoint Virginia Kovaleski to the Torrington Area Health District for a three-year term to expire January 9, 2008.
TORRINGFORD INVOICES #1320
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to authorize the following payments from the Torringford School Building Fund #314:
Friar Asso., Inc. Invoice 21 $ 15,691.00
Friar Asso., Inc. Aged Balance $ 4,860.00
O & G Ind., Inc. Invoice 10 $1,467,718.00
BUS: DEPT. HEADS #1330
On a motion by Councilor Summers, seconded by Councilor Samele, the board voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #1360
On a motion by Councilor Summers, seconded by Councilor Jerram, the board voted unanimously to consider business presented by Mayor Quinn and members of the City Council.
Councilor Jerram inquired whether the board had to take action on the diesel fuel bid.
Mayor Quinn said he believed the Purchasing Agent had locked into the pier price, and that the matter did not require any action.
Councilor Jerram informed the board that the Forbes Flyers Jump Rope Team had their first annual golf tournament at Fairview Farms. He commended those in charge of putting the event together, and thanked the corporate sponsors from the community for their generosity.
Councilor Waldron commended Troop 23, sponsored by the First Congregational Church, West Torrington, for their community service in maintaining the First Ecclesiastical Cemetery on the Goshen Road.
Councilor Summers congratulated the Boy Scouts present at the meeting for their endeavors in obtaining their merit badges.
He also reminded everyone to attend the Bike Race on Sunday.
ADJOURNMENT #1540
On a motion by Councilor Waldron, seconded by Councilor Summers, the board voted unanimously to adjourn at 7:21 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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