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Minutes 11/21/2005
                            MINUTES
             CITY COUNCIL & WPC AUTHORITY
             NOVEMBER 21, 2005

A   REGULAR  MEETING  of the City Council & WPC Authority was held on Monday, November 21, 2005, in the Council Chambers.

Those in attendance included Mayor Owen J. Quinn, Jr., 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, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, WPCA Administrator Raymond Drew, Police Chief Robert Milano, Labor Counsel Victor Muschell, and Personnel Director Thomas Gritt.

Mayor Quinn called the meeting to order at 6:30 p.m.  

MINUTES #015
On a motion by Councilor Jerram, seconded by Councilor Summers, the Council with the exception of Councilor Soliani who abstained, voted to  accept the minutes of the regular meeting held October 3, 2005.

       On a motion by Councilor Jerram, seconded by Councilor Summers, the Council voted unanimously to accept the minutes of the regular meeting held October 17, 2005.  

On a motion by Councilor Jerram, seconded by Councilor Summers, the Council with the exception of Councilors Samele and McKenna who abstained, voted to accept the minutes of the special meeting held November 14, 2005.

OPEN TO THE PUBLIC #040
On a motion by Councilor Summers, seconded by Councilor McKenna, the Council voted unanimously to open the meeting to the public.

Marcel Moreau asked to speak in regard to the Moreau Industrial Park.  

Mr. Rollett indicated that Mr. Moreau’s comments would be better if left for later, when the item comes up on the agenda.

LOCAL 1579 PUBLIC WORKS SUCCESSOR CONTRACT #110
On a motion by Councilor Jerram, seconded by Councilor Summers, a discussion took place in regard to the recommendations from the Personnel Director Thomas Gritt and Labor Counsel Atty. Victor Muschell to accept the Local 1579 Public Works Successor Contract for wages and medical benefits for the fiscal year commencing July 1, 2005, per Atty. Muschell’s letter dated November 16, 2005.  

Atty. Muschell stated that the wage increase during the first two years of the Local 1579 Public Works contract was 2½% and 3% respectively.  He stated that the recommendation to approve a 3% wage increase for the last year of the contract was in line with all the other bargaining units that received 3% this year.  The major plus in the successor contract is the change in the insurance plan, which has been upgraded to the plan adopted by other bargaining units, tailored after the teacher’s plan which was implemented a couple of years ago.  The employee’s share of the premium will increase by $1.00 per week.

Atty. Muschell stated that the Council could vote to reject the contract in which case it will go back to negotiations and arbitration, or do nothing, in which case it will automatically become binding after 30 days.  Traditionally, the Council has approved the contracts even though a vote to approve it is not necessary.

APPROVE CONTRACT #180
On a motion by Councilor Summers, seconded by Councilor McKenna, the Council voted unanimously to accept the Local 1579 Public Works Successor Contract to 6/30/2006.   

Mayor Quinn thanked Joseph Manes, President of Local 1579, the Union, and the city negotiating staff for successfully completing the contract negotiations.  During his years as Mayor, there had always been a great deal of give and take in the best interest of the City of Torrington.  He thanked the Unions for their cooperation and the protection of both sides, management and the Union.  

Mr. Manes thanked Mayor Quinn as well for his efforts and help over the past few years.

RESOLUTION/CONTRACT : CHILD CARE CENTER #225
On a motion by Councilor McKenna, seconded by Councilor Summers, the Council voted unanimously to adopt a Resolution and to authorize Mayor Quinn to execute the Torrington Child Care Center Contract #143-CDC-28 for the year 2006 in the amount of $181,896.00.

RESOLUTION:
I, Joseph L. Quartiero, Town Clerk of the City of Torrington, a Connecticut corporation (the “Contractor”), do hereby certify that the following is a true and correct copy of a Resolution duly adopted at a meeting of the Board of Councilmen of the City, of the Contractor duly held and convened on Monday, November 21, 2005, at which meeting a duly constituted quorum of the Board of Councilmen was present and acting throughout and that such Resolution has not been modified, rescinded, or revoked, and is at present in full force and effect:

RESOLVED, that the Mayor, Owen J. Quinn, Jr., is empowered to enter into and amend contractual instruments in the name and on behalf of this Contractor with the Department of Social Services of the State of Connecticut for a Child Day Care Program, and to affix the corporate seal.

IN WITNESS WHEREOF, the undersigned has affixed his signature and the corporate seal of the Contractor this 23rd  day of November 2005.

Joseph L. Quartiero, CMC
City Clerk, Torrington, CT

PRESENTATION: WRIGHT-PIERCE #235
On a motion by Councilor Summers, seconded by Councilor Jerram, the Council, acting as the Water Pollution Control Authority, voted unanimously to hear a presentation by the Public Works Director and Wright-Pierce concerning the extension of sanitary sewers in south Torrington to serve areas along South Main Street, and the King Street & Willowbrook Pump Station drainage areas.

Mr. Rollett introduced John Braccio, Vice President of Wright-Pierce, Keith McHale, Project Manager of Wright-Pierce, and Raymond Drew, WPC Administrator.

Mr. Rollett explained that the southern part of Torrington along South Main Street was within the sewer service area of the newly developed Sewer Master Plan for the City of Torrington; however, it was not sewered.  In previous years, there had been a desire to a sewer that particular area, including the land around the land fill and further to the east along South Main Street.  Since it was considered a very difficult area to sewer, the city
never found a way to sewer it.  When Moreau’s Industrial Park was proposed, it was determined that the pump station should be properly located and that the sewer service should be large enough to serve the entire area and not merely the industrial park.  They talked about a potential partnership whereby Mr. Moreau, the owner of the industrial park property, would contribute the expenses he would have incurred had he built a smaller station to serve only his development, to the city’s funds, in order for the city to do a larger project to service the entire area.

Mr. Rollett explained that the Sewer Master Plan pointed out problems with capacity in the city’s central interceptor where some of this land, without proper planning, could have easily gone to the central interceptor, further overloading the main trunk sewer.  In working with the developer, they performed some preliminary engineering.  They looked at sites, prepared cost estimates for different options, and determined whether or not it was feasible and what it would cost.  They put together a program recommending two phases.  Phase one would service the immediate needs with a couple of alternates for getting to the main interceptor sewer, in the range of $1.7 million.  The total project cost was estimated to be between $3 to $3.3 million.   
In addition to Mr. Moreau’s up front contribution of $230,000.00, a potential $140,000.00 in connection fees for Mr. Moreau’s development, will also be contributed to the total project. The city will also look at different options to fund the remainder of the project, which would include benefit assessments and the connection of Litchfield for further development.

Keith McHale informed the board that several locations for a pump station were considered.  They looked at building a new pump station and installing new gravity lines to service the primary area that is facing development.  The second phase would involve installing the gravity lines south to Bogue Road and extending the system to the existing Willowbrook and King Street pump stations.  This would tie into the existing sewer system, just north of the King Street pump station and convey the flows that currently go to King Street and Willowbrook to the new pump station.  This will allow the WPCA to eliminate the King Street and Willowbrook pump stations and some of their operational costs associated with them.

By using visual maps, Mr. McHale explained several routes from the pump station to the treatment plant.  One route involved a river crossing, the other one didn’t.

Mr. Rollett was asking Council’s permission to move forward with the project and look for alternative funding.  Cost at this time is estimated to be $30,000.00, and funds will come from the Water Pollution Capital funds.  

Mr. Rollett stated that the proposed project will create a new pump station and eliminate the Willowbrook and King Street Pump station.  The new pump station will handle the entire capacity and will be more cost efficient.

Mr. Rollett informed the board that they were looking to acquire easements, and alternatives in the event that obtaining the easements is not successful.

He informed the Council that the best location for the proposed pump station is a piece of property owned by Mr. Moreau.  Mr. Moreau will deed this piece of property to the city as donation to the city for the project.  Litchfield also expressed an interest in transferring some of the flow from their Litchfield Street system to our system for their development in the area, which they will pay their fair share of.

Mayor Quinn said the interesting thing was how to work with a private/public type of cooperation among all persons involved in the city’s better development of South Main Street and how all the costs would be associated to the project.  He noted that Mr. Moreau was blocked several times by property owners who did not want to sell or option off any of their property, so he couldn’t obtain an easy route that would be effective for his purposes.  Secondly, to do the project on his own would blow it out of the water for industrial purposes.   The city has a vested interest in both, seeing Mr. Moreau develop that property and getting sewers down South Main Street.  He thanked the Land Use Group for coming up with an amicable solution.   He noted that the City Engineer was presently working on a shorter route for the sewer system which would make it even better for the city and this project.  After thinking that this project was never going to happen, it looks like we’ve put it back together at the 11th hour.  Part B on the agenda would allow the city to move to the next step, which is for the Public Works Director to get firm numbers, and to bring the project before the citizens of Torrington.

Mayor Quinn introduced Kevin Nelson as a potential developer for the area.  

Mr. Nelson informed the Council that the location was appealing to a lot of small users.  If they happen to develop the property to twenty lots, it was fair to say that the city will see at least a half a million dollars worth of property tax value per lot, if not more, in the Moreau piece alone.

VOTE TO PROCEED WITH DESIGN OF SANITARY SEWERS #760
On a motion by Councilor Summers, seconded by Councilor McKenna, the Council, acting as the Water Pollution Control Authority, voted unanimously to  proceed with the design of the aforementioned project to include soil borings, preliminary design documents, cost estimates, schedules, and funding alternatives.


UPDATE: BLIGHTED PROPERTY: 117 WATER ST: OLD FIREHOUSE #765
On a motion by Councilor Jerram, seconded by Councilor Soliani, voted to hear an update from J.R. Laliberte, on his property located at 117 Water Street, (The Old Firehouse).

J. R. Laliberte, 28 Skyline Drive, Middlebury, CT stated that he had a very productive spring and early summer and it looked like the project was nearing completion when he ran into such difficulty with CL&P, that they wouldn’t even return his telephone calls, nor the calls made by the Building Inspector on Mr. Laliberte’s behalf.

Mr. Laliberte said he contracted with two scaffolding companies, who at the last minute backed out of doing the work.  Both were concerned about the scaffolding being to close to the wires, even though the wires had been wrapped and insulated.  In September, Mr. Laliberte found a scaffolding company that uses a different system, who will be able to design some scaffolding which will fit between the firehouse and the electrical wires instead of having the wires go through the middle of the scaffolding.  Unfortunately, by the time he found this company, his mason was too busy to touch the project until spring.  He has a letter from his mason to corroborate his story.  

Councilwoman Soliani asked Mr. Laliberte if he could find another mason who would be willing to do the work.   She was concerned about having to keep the fence and the barrels up for another winter, forcing people to walk closer to the street.

Mr. Laliberte indicated that a new mason would not reasonably charge him to do the one remaining corner, which is the most intricate work of the project.  He thought a compromise could be reached on the location of the fence for the winter months.  He would make certain that the sidewalk and the area in front of the fence will be properly plowed just like last year.  He stated that he was not comfortable in doing away with the fence altogether.  

Because there will be a change of administration the next time he appears before the Council, Mr. Laliberte stated how grateful he was that the present Council forced his hand into doing all this work on his building.  He assured the Council that the project will come to fruition.

Councilor McKenna made a motion to table the matter until the first meeting in March 2006.

Councilor Jerram didn’t believe a motion was necessary, since it was merely an update.  

The motion was withdrawn.  No action was taken.

UPDATE: BLIGHTED PROPERTY - 10 HIGHLAND AVENUE #1090
On a motion by Councilor Summers, seconded by Councilor Samele, an update was given in regard to blighted property located at 10 Highland Ave.  

Mayor Quinn stated that the city had lost complete contact with Dominic Visciotti, owner of 10 Highland Avenue.  

Councilor Waldron reported that a member of his family informed him that there was something in court regarding the house and they stopped working on it. There may be a lawsuit regarding it.

Corp. Counsel Vasko noted that the previous owner has the first mortgage on the property and the finance company or the bank that issued the redoing of the property has the second mortgage.  There’s a dispute with the finance company over the construction mortgage but wasn’t certain of its status. He further explained, that if the first mortgage is recorded after 1996, then the city has priority over it by state statute.

Councilor McKenna asked whether it would do any good to talk about foreclosure.

Atty. Vasko didn’t think so.  He could check on the status of the lawsuit.  
Councilor Jerram inquired whether the accumulated blight fines would be dismissed should the property revert back to the original owner.  

Mayor Quinn said no.

Atty. Vasko said the only way the first mortgage holder would get the property back is that he would have to foreclose on his mortgage.  The city’s lien has a priority over his mortgage because it was recorded after 1996.  

No action was taken.  

REALLOCATION OF FUNDS: POLICE DEPARTMENT #1250
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to approve the reallocation of $27,980.00 from the Police Department’s Capital Expenditure Account, and proceed to move and renovate the vehicle impound lot, instead of completing the telephone replacement project, and referred it to the Board of Finance.

HARRIS DRIVE INTRAC RTU REPLACEMENT #1330
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to accept the recommendations from the Purchasing Agent and the WPC Administrator to waive the bid process and award the contract entitled “Harris Drive Intrac RTU Replacement” to Northwest Communications for $12,849.00.  

SMALL CITIES: WASTE MANAGEMENT #1340
On a motion by Councilor Summers, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $695.00 from Small Cities Fund #250 to Waste Management of CT., Inc. for providing a dumpster.  

SMALL CITIES: CITY OF TORRINGTON #1370
On a motion by Councilor Jerram, seconded by Councilor Samele, the Council voted unanimously to authorize the payment of $150.00 from Small Cities Fund #250 to the City of Torrington for performing two limited Title Searches.

SMALL CITIES: COMMUNITY HEALTH & WELLNESS #1370
On a motion by Councilor Jerram, seconded by Councilor Summers, the Council voted unanimously to authorize the payments of $15,267.00 and $17,487.00 from Small Cities Fund #278 to Community Health & Wellness Center for services rendered per subrecipient agreement.  They will be paid upon receipt of drawdown #8 and #9 respectively.

Item #13 was deleted, because it was a duplication of the previous request.

SMALL CITIES: SAFEHOMES, INC. #1410
On a motion by Councilor Samele, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $550.00 from Small Cities Fund #250 to SafeHomes, Inc. for performing two risk assessments.

TORRINGFORD SCHOOL PAYMENTS #1415
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the following payments from the Torringford School Building Fund #314:

Test-Con, Inc.  Invoice #3635   Inspection      $    5,701.50
Friar Asso.     Invoice #27     Installment #14 $  15,691.00
O & G Ind., Inc.        Payment #16     Professional Svcs       $754,372.00
OFI Cont. Interiors     Invoice #32178  Tables  $    4,575.00
OFI Cont. Interiors     Invoice #32179  Desks, Tables   $    6,162.80
Window Shop     Inv. #1021127   Furniture       $    1,000.00
O & G Ind., Inc.        Invoice #799034 5 Gal. Sealer   $       290.98
O & G Ind., Inc.        Invoice #799033 5 Gal. Sealer   $       528.00
       Sound Works     Invoice #3037   Fire Alarm System       $    6,927.50
Sound Works     Invoice #3038    Security Alarm Sys. $    4,910.00
Torr. BOE       Reimbursement for Custodial Svcs        $    3,838.00

RECOMMENDATION: SMALL CITIES #1420
Councilor Samele made a motion that the Council approves the subordination of mortgage request from Derek & Patricia Marshall.  Councilor McKenna seconded the motion.  Unanimous.

RECOMMENDATION: STREET LIGHT #1490
Councilor Summers made a motion to transfer an existing light from Pole # 1967 on Roosevelt Avenue to the end of a new road extension, to remove lights on pole numbers 3, 5, and 7 on Willow Street, and to remove light on pole #1024 on East Albert Street.  Councilor Jerram seconded the motion.  Unanimous.

Mayor Quinn requested adding an item to the agenda by 2/3rds vote in regard to appointments.

ADD TO AGENDA #1580
Councilor McKenna made a motion to add appointments to the agenda by 2/3rds vote.  Councilor Samele seconded the motion.  Councilors Samele, Soliani, McKenna and Summers voted in favor of the motion.  Councilors Jerram and Waldron opposed the motion.  On a 4-2 vote, the motion carried.

Mayor Quinn recommended the re-appointment of Thomas Gritt to the position of Personnel Director for a four-year term, retroactive to January 5, 2005.  This appointment is done by the Mayor, with the advice and consent of the City Council.

Councilor McKenna made a motion to approve the reappointment of Tom Gritt as Personnel Director to a four-year term, retroactive to 1/5/05.  Councilor Samele seconded the motion.  Councilors Samele, McKenna, and Summers voted in favor of the motion, Councilors Jerram, Soliani, and Waldron opposed.  On a 3-3 tie vote, Mayor Quinn voted in favor of the motion.  The motion carried.

Mayor Quinn pointed out that he failed to reappoint the Public Works Director, Gerald Rollett, which is done by the Mayor, after consultation with the City Council.  It was his intention to see that the position be retained by Mr. Rollett (for a four-year term, retroactive to 3/11/04).  If one was to look at his past record and the professionalism of the Public Works Department, he would see that Mr. Rollett is well suited to continue in that position.  He will be an aid and comfort to the upcoming administration.  No vote was required.

Mayor Quinn noted that he never replaced Paul Summers’ position when he left the Planning & Zoning Commission to fill Virginia Kovaleski’s seat on the City Council, and asked the Council to endorse Atty. Summers back to the Planning & Zoning Commission effective December 5, 2005.

On a motion by Councilor McKenna, seconded by Councilor Samele, the Council voted with the exception of Councilor Summers who abstained, to endorse Atty. Paul Summers as a Planning & Zoning Commissioner effective December 5, 2005.

BUS: DEPT. HEADS #1760
On a motion by Councilor McKenna, seconded by Councilor Summers, the Council voted unanimously to consider business presented by Department Heads.

Personnel Director Thomas Gritt thanked the Council for his reappointment.

BUS: MAYOR & MEMBERS #1800
On a motion by Councilor Samele, seconded by Councilor Summers, the Council voted unanimously to consider business presented by Mayor Quinn and members of the City Council.

Councilor Waldron congratulated the entire City Council for the job they’ve done in the past and stated that it was a pleasure working with everyone.  He also wished Mayor Quinn, Paul Samele, and Paul Summers good luck in the future.

Councilor Jerram wished Mayor Quinn the best in his future endeavors and thanked him for serving the city during the past four years.   He also wished Paul Summers and Paul Samele continued success.

Councilor Summers thanked all department heads for presenting the city’s business to the Council in a professional manner.  He considered his peers on the Council as friends.   He pointed out that Mayor Quinn had done many great things for the city and that he could hang his head high as he moved forward into the future.  

Councilor Samele congratulated those who were reelected.  He noted how much he enjoyed sitting on the Council and working with his peers.  He thanked Mayor Quinn for serving the town and thanked the people of Torrington who gave him the opportunity of being Councilman for the past four years.    

Councilor McKenna congratulated his peers who won reelection and stated that Paul Samele and Paul Summers will be missed greatly.  He appreciated the confidence that Mayor Quinn had in him to sit on this Council.   He thought the song entitled You Don’t Know What You’ve Got Til It’s Gone would prove itself to be very prophetic over the next few years.

Councilor Soliani said it had been a pleasure working with each and every member of the Council.  She stated that Mayor Quinn had been the finest Mayor this town has had and that he always had Torrington in his utmost thoughts.  He had the foresight to see things that a lot of people in the city will soon see.

Mayor Quinn said he wouldn’t trade the last four years as Mayor for anything. He noted that this Council had been cohesive and non-political, and they always put the citizens of Torrington first.  For that, he wanted to thank Councilors Jerram and Waldron.  This group presented a budget with a zero mill increase without a terrible loss of services.  This, along with facade programs, dealing with blighted properties, securing the court house and 35 acres of recreational property was accomplishment that resulted from hours and hours of labor.  He hoped the Council would remain vigilant on how the downtown area will look like twenty years from now.

       Mayor Quinn thanked each and every member of the City Council for these accomplishments.

He wanted his last words as Mayor to go to the men and women that work for the city government.  The last two years showed respect amongst the city employees and the Council and vice versa.  It showed up in labor relations and contracts that were settled.  This group, as well as department heads struggled every day to make sure that they provided professionalism, courtesy and top notch service to the people of Torrington.  That’s what he demanded when he came in as Mayor and it continues to grow.   He hoped the department heads who had become accustomed to the team approach would continue to think outside of the box and work together.

He thanked the great people of Torrington for honoring him as their Mayor for four years.  He said “God bless the City of Torrington, it is in good hands.   Congratulations to all that will raise their right hand on December 5th; they have a friend, they have a comrade, and a person that will never stop thinking about the best interest of the City of Torrington.”

ADJOURNMENT #2370
On a motion by Councilor McKenna, seconded by Councilor Summers, the Council voted unanimously to adjourn at 7:40 p.m.

ATTEST:   JOSEPH L. QUARTIERO, CMC
               CITY CLERK