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Minutes 09/06/2005
                            MINUTES
             CITY COUNCIL & WPC AUTHORITY
             SEPTEMBER 6, 2005
  
A   REGULAR  MEETING  of the City Council & WPC Authority was held on Tuesday, September 6, 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, City Engineer Edward Fabbri, and Director of Elderly Services Nancy Gyurko.

Mayor Quinn called the meeting to order at 6:45 p.m., immediately following a
meeting of the Board of Trustees of the City Employees’ Retirement Fund.

OPEN TO THE PUBLIC #190
On a motion by Councilor Samele, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public.

Doug Wood, 28 High Street, informed the Council that a great injustice was being done to him as a taxpayer, and that he had already discussed this issue with Mayor Quinn and his Administrative Assistant Dave Rivera.

He stated that, as naive as it may sound, that he never received a sewer usage fee in the ten years he owned his home.  Recently, he received a registered letter informing him that his home would be placed on a Tax Auction for $2,100.00 worth of liens, interest and fees.  

Prior to being informed his home would be auctioned, he received a letter demanding payment of the liens.  He said he called the Tax  Office and  spoke with an employee.  He explained his circumstances, and was told not to worry, that it wasn’t a lot of money and was told that when he got into a better situation, everything would be fine.

Mr. Wood went to the Tax Collector’s Office after receiving a registered letter informing him that his home would be place on the auction to find out what he had to do to straighten out the matter.  He was told $2,100.00 would take care of the matter.

Mr. Wood then asked for a review of the matter with the Tax Collector and met with him the following Monday.  He asked again how much it would take to cover all of his taxes and fees and was told $3,600.00.

His daughter took out a loan for $3,600.00.  When Mr. Wood attempted to pay the liens, he was told the cost had increased to $5,300.00.  He said he was treated unfairly by the Tax Collector, and under the state statutes, the city is still responsible for the Tax Collector’s actions, even if he is a private concern.  

Mr. Wood asked why he would be charged $850.00 for an auctioneer if his liens and fees are paid and no auction takes place.  He can’t seem to get an answer to that question.   

Mr. Wood asked why the Tax Collector would wait nine years before sending him a registered letter that his sewer user fees were overdue.   How fair was it for the cost to jump from $1,208.00 to $5,300.00?  He agreed to pay for a Title Search because he felt that would be the first step taken, however, he didn’t feel it was fair to pay $750.00 for extra postage and the Tax Collector’s time, since that was his job.

Mayor Quinn said he looked into Mr. Wood’s matter and the Tax Collector’s Office claimed to have sent ten years worth of tax notices to 28 High Street, Mr. Wood’s residence, and, after no response, the Tax Collector’s Office sent notices out to Mr. Wood and others like him who had not paid their sewer user fees.   Other people who did not respond were notified in the same manner, by certified mail, that their home would be sold at auction.

Mayor Quinn said he further suggested that Mr. Wood see Mr. Dube at the veteran’s office to avail himself of the Soldier, Sailor & Marine Fund and subsequently found out that he did not have the military time in the sequential order necessary to collect such a benefit.  Mayor Quinn further stated that he would look into the matter to see if Mr. Wood was being discriminated against as an individual.  What he did as the CEO of the City, was to see if the actions of the Tax Collector were fair to all, and reported that he was unable to find any evidence that Mr. Wood was being discriminated against.

He assured Mr. Wood that, if he was treated in a non-professional manner, he would have a discussion with the Tax Collector and his staff.  He did have that conversation with the Tax Collector.   Even though the Tax Collector is under contract, he represents the City of Torrington, and Mayor Quinn made it abundantly clear that proper respect for an individual is the highest standard that he would expect.   

In regard to fees, Mayor Quinn explained that the notices clearly delineated the additional charges and when they would come into play.  They included interest, sheriff fees, assessor fees, or any other ancillary charges that go along with it.  Those fees were also charged to other people in the same category as Mr. Wood.  In Mayor Quinn’s evaluation of the situation, the standard that the Tax Collector was holding Mr. Wood to for payment was the same for everyone else.  It was his belief that the fees were fairly and consistently applied across the board to all those individuals.  

Lastly, Mayor Quinn suggested that Mr. Wood consult with his banking institution to see if they might consider refinancing his home.  

Corp. Counsel Al Vasko noted that State Statute 12-124 would allow the Mayor and City Council to abate taxes for individuals who are unable to pay. However, that would not apply to sewer user fees because they are not  considered taxes.   The sewer user fees under Section 7-255, and our ordinance regarding sewer user fees in the City Charter, does not give the Council the statutory authority to abate such fees.

Mayor Quinn informed Mr. Wood that he would be happy to facilitate a meeting in his office with members of the Tax Office to go over the specifics of the fees.  Such a meeting would result in having things explained to Mr. Wood, but he didn’t think it would absolve Mr. Wood of any of the taxes that are due and payable.

Mr. Wood said he didn’t have a problem with paying the sewer fees, however, he did have a problem with having to pay for an auctioneer when the house was not going to be auctioned off.  

Mayor Quinn said a meeting between interested parties in his office would provide the answers he was looking for.

UPDATE ON TORRINGFORD ELEMENTARY SCHOOL #790
On a motion by Councilor Jerram, seconded by Councilor Samele, Mayor Quinn gave an update on the Torringford Elementary School.

He stated that city officials toured the building on August 26th.  At that point, the punch list was presented and it was believed by the Clerk of the Works that the school could open on August 31 even though construction was ongoing and certain issues were at various stages of being resolved.  

On August 26, the Superintendent of Schools, in conjunction with the Building Inspector, the Fire Marshal, officials from major vendors, and school officials, decided that it might be prudent to wait under the day after Labor Day to open.  The major concern was more time for the custodians, although Mr. Bascetta assured Mayor Quinn that the custodians would be available on site to do most of the cleanup.  

It was Mayor Quinn’s understanding that Dr. O’Brien toured the facility on September 2nd and stated in a press conference that the school opening would be delayed a week.  This was an internal decision made by the Superintendent of Schools and the Board of Education.  Not in attendance when this decision was made were the Building Committee, the Mayor, and the Superintendent of Facilities, David Bascetta.

Mayor Quinn contacted the Clerk of the Works, O & G Industries, on the evening of September 2nd, and was assured that temporary Certificates of Occupancy were signed and agreed upon by 7 p.m. that evening.  They were signed by the Building Department, the Fire Marshal and the appropriate agencies and were ready to go.

During the walk-through on Saturday with members of the Board of Education, David Bascetta, representatives from O & G, and the Chairman of the Building Committee John Calkins, outstanding issues that remained at large were reviewed.  Cameras were not installed at the front entrance of the Torringford School.  This did not compromise the security of the building because one would have to press the intercom button and be allowed access to the building by a representative of the school.  The fact that the school did not have cameras did not mean the school was not secure.  In fact, an elaborate pass system was designed for all vendors within the school system.  The vendors were obligated to sign an affidavit stating that all their workers had gone through a proper background check and that they did not have any criminal background that would be a danger to the school population.   

The other issue of concern was the back entrance.  It required that the flooring be taken out and aligned with the sidewalk.  The machine that would get it at the same grade happened to by a gyrating type of machine, which caused the door to close securely, but it had a trip bar, and it could be opened.  Also, the bottom of the door was somewhat mangled.  It was suggested to change the door with a similar one, however, the other door had a different fire rating and the Fire Marshal insisted that the higher fire rated door, while warped on the bottom, remain in its original position.  This matter did not sufficiently affect the temporary certificate of occupancy that had been secured.

Mayor Quinn reported that the school technically has the certificate of occupancy for opening.  The decision to open rests with the Board of Education.  He has been conferring with Board of Education members in regard to state statutes in an attempt to obtain accurate information in terms of vacation schedules and when school will be let out in June so that he can relate this information to parents who are calling his office.   

PROVISIONAL ACCEPTANCES #1160
On a motion by Councilor Jerram, seconded by Councilor Summers, the board voted unanimously to give provisional acceptance of the following streets in the Country View Estates Subdivision to serve thirty six (36) residential lots: (Tabled on 8/15/2005)

A.  Gate Post Lane, beginning at the intersection of Notting Hill        Gate and Chelsea Court continuing east/northeast 855 feet          and ending at a new street, Silver Brook Lane.

B.  Silver Brook Lane, beginning at the intersection of Gate Post        Lane and continuing to the east 552 feet to a cul-de-sac and       also continuing from Gate Post Lane to the west 1,009 feet         to another cul-de-sac.  (Total length of road from cul-de-sac         to cul-de-sac is 1,561 feet.

C.  Coach Light Lane, a new interconnecting street between             Gate Post Lane and Silver Brook Lane beginning at the                approximate mid point of Gate Post Lane and continuing             north 366 feet to Silver Brook Lane.

ELDERLY NUTRITION PROGRAM #1170
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to accept the recommendation from the Elderly Commission to authorize the Mayor’s signature on the Elderly Nutrition Program Meal Contract with Cornucopia Banqueting as the caterer for Meal Preparation for the period covering October 1, 2005  - September 30, 2008.

PURCHASE FORD ESCAPE: BUILDING DEPT. #1230
On a motion by Councilor McKenna, seconded by Councilor Waldron, the Council voted unanimously to accept the recommendations from the Fleet Manager and the Purchasing Agent to purchase a 2002 Ford Escape XLT for use in the Building Department from Litchfield Ford for $14,035.00.

W. W. MANCHESTER #1260
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $39,385.00 from the Sanitary Sewer Capital Improvement Fund to W. W. Manchester Const., Co. for work done on the Brass Mill Dam Road Sanitary Sewer Extension project and referred it to the Board of Finance.

SMALL CITIES: CITY OF TORRINGTON #1270
On a motion by Councilor Soliani, seconded by Councilor McKenna, the Council voted unanimously to authorize the payment of $75.00 from Small Cities Fund #250 to the City of Torrington for performing a limited Title Search.

SMALL CITIES: COMMUNITY HEALTH & WELLNESS #1280
On a motion by Councilor Waldron, seconded by Councilor McKenna, the Council voted unanimously to authorize the payment of $15,099.00 from Small Cities Fund #278 to the Community Health & Wellness Center for services rendered from 7/19/2005 through 8/18/2005.  To be paid upon drawdown #7.  

RESOLUTION: RIGHTS OF WAY IN CONJUNCTION W URBAN SYSTEMS IMPROVEMENTS FOR RECONSTRUCTION OF PINEWOODS RD #1290
On a motion by Councilor McKenna, seconded by Councilor Summers, the Council voted unanimously to adopt a resolution authorizing the Mayor to execute an agreement entitled “Agreement Between the State of Connecticut and the City of Torrington for Rights of Way Activities in Conjunction with Urban Systems Improvements for the Reconstruction of Pinewoods Road and Culvert Replacement.”  

City Engineer Edward Fabbri explained that the city will be responsible for 10% and the funds had already been appropriated in the budget.

RESOLUTION

RESOLVED, that Owen J. Quinn, be, and hereby is, authorized to sign the agreement entitled “Agreement Between the State of Connecticut and the City of Torrington for Rights of Way Activities in Conjunction with Urban Systems Improvements for the Reconstruction of Pinewoods Road and Culvert Replacement.”  

ADOPTED BY THE Board of Councilmen of the City of Torrington, Connecticut, this 6th day of September, 2006.

BUS: DEPT. HEADS #1350
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to consider business presented by Department Heads.  There was none.

BUS: MAYOR & MEMBERS OF THE CITY COUNCIL #1360
On a motion by Councilor McKenna, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.

Councilor Waldron indicated that he participated in the road race on Saturday and reported that the turnout was great.

Councilor Jerram stated that he needed to speak with Mayor Quinn or his office staff on how people could obtain the use of the Armory.

Councilor Summers commended the Fire Department for accepting donations for the hurricane victims.

Secondly, he inquired how the city would deal with an unforseen disaster.

Mayor Quinn reported that citizens of Torrington responded immediately to an appeal put out by his office to help the people of the southern states hit by Hurricane Katrina.

He reported that the city does have a task force that brings all public safety officials together in a time of need and/or emergencies.  Councilor Summers was absolutely correct in saying that creativity was essential in trying to anticipate the next move during a time of disaster. Mock disasters and drills are performed from time to time in anticipation of what could occur in the future.

Councilor Samele said it’s nice to see the United States come together to help the hurricane victims in any way they can.

Councilor Samele asked Mr. Fabbri if he had an update on the Woodridge Lake matter.

Mr. Fabbri said he hadn’t heard anything in approximately six weeks.  

Mayor Quinn said he would look into the matter.

Councilor McKenna agreed that the 5K race was a great success.  He thought it was performed in a professional manner and that it would be nice to have it as an annual event on the Labor Day week-end.

Mayor Quinn agreed that a number of great events had taken place during the summer season, including the 4th of July, Heritage Day, the Street Fairs, etc.  Two of the events that were exceptional were John Ponte’s race, where we celebrated his life and legacy, and the professional bicycle race with the final leg in Torrington, which is in its second year and something that we need to hang on to because it makes the City of Torrington its focal point.   

ADJOURNMENT #1770
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to adjourn at 7:26 p.m.

ATTEST:   JOSEPH L. QUARTIERO, CMC
               CITY CLERK