MINUTES
CITY COUNCIL & WPC AUTHORITY
MARCH 6, 2006
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, March 6, 2006, in the Council Chambers.
Those in attendance included Mayor Ryan J. Bingham, City Councilors James F. McKenna, Thomas C. Jerram, Rick E. Dalla Valle, and Marie P. Soliani, Corp. Counsel Albert Vasko, City Engineer Edward Fabbri, Building Official Brett Zuraitis, Administrative Assistant to the Mayor Stephen Nocera, and Chairman of the Torringford School Building Committee John Calkins. Absent were Councilors Andrew J. Slaiby and Drake L. Waldron.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES #025
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to accept the minutes of the regular meeting held February 21, 2006.
OPEN TO THE PUBLIC #030
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public.
Tim Flynn, owner of Mount Claire Water, informed the Council that he received a certified letter from Purchasing Agent Charlene Antonelli releasing him of providing water to the city because she was able to get it cheaper from a multi-million dollar company versus a smaller, local company. He asked the Council for his support.
Mr. Flynn stated that he merely had a running Purchase Order and wasn’t under contract because they were under the $10,000.00 threshold for bids.
Several Councilors noted how Mr. Flynn had donated water during baseball games at Fuessenich Park, at fire scenes, and during other situations that have occurred in town.
Councilor Dalla Valle thought they needed a clarification on the $10,000.00 Charter threshold concerning bids and who had the authority to enter into contracts for the city. He noted that a similar circumstance occurred with Parks & Recreation whereby the portable toilets contract went to the Commissioner after it was approved.
Corp. Counsel Vasko stated that the Purchasing Agent authorizes purchases under $10,000.00.
Mayor Bingham said he would look into the matter and schedule a meeting with Mr. Flynn.
Robert Weichholz, 268 Colorado Avenue South, spoke on behalf of his mother, Wanda, in regard to a letter she received from the city stating that she was responsible for eliminating the discharge of water going into the street in front of her home resulting in icing problems, or face a fine.
Mr. Weichholz stated that his mother was 81 years old, on a fixed income, and couldn’t afford the repairs.
City Engineer Ed Fabbri stated that an ordinance was in effect prohibiting residents from discharging water into the street, and the letter he sent Mrs. Weichholz was because she was not in compliance with the ordinance. His
department sent letters to all residents located on streets which they planned to do road work on, and informed them that this was the time for anyone having sump pumps to tie into the storm drains. Typically, the cost is between $500.00 and $800.00.
Mary Carrier, 296 Colorado Avenue South, said the pipe that discharges water into the road in front of her home had been there since she purchased the property in 1965, and that it was necessary to keep water from backing up into her basement. She didn’t know why she had the responsibility to hook the pipe to the storm drain after 41 years. She stated that water comes down Funston and bypasses several catch basins because they are too high.
Councilor Jerram thought perhaps Mrs. Weichholtz might qualify for assistance through Small Cities.
Councilor Soliani stated that the Council’s charge was whether or not the appeals would be upheld.
Councilor Dalla Valle was concerned about the fines if the Council denied the appeals and the residents didn’t repair the problem.
Corp. Counsel Vasko explained that they had one construction season to remedy the problem. He further explained that the ordinance states if they don’t remedy the problem, the city can do so and place a lien on their property. This may be a good direction for the residents to take.
Mrs. Carrier said she had already contacted P & G Pepper for an estimate.
APPEAL: WANDA WEICHHOLZ #990
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to reject the appeal from Wanda Weichholz in regard to Discharge of Water Into Streets - 268 Colorado Avenue South.
APPEAL: MARY CARRIER #1000
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to reject the appeal from Mary Carrier in regard to Discharge of Water into Streets -296 Colorado Avenue South.
PUBLIC HEARING: #1040
Mayor Bingham called the public hearing to order at 7:00 p.m. 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.
Assistant City Clerk Joline LeBlanc read the legal notice.
Larry Wagner, the city’s Administrator to Small Cities, stated that the public hearing is required before the city can submit a project for review for funding. He explained that the Small Cities’ program is for federal funding which originates at the federal level of the Department of Housing and Urban Development and are provided directly to cities over 50,000 and under 50,000 in population. The funds are provided to the state in a block grant which gets distributed to small communities. An application can be submitted any time during the program year and the application is rated and ranked by certain criteria that they publish annually as part of their five-year project plan. Projects under Small Cities have to fall under one of the following four major categories: housing,
economic development, community facilities or social services. They also have to meet one of the following three national objectives: benefit low and moderate income people, eliminate slum and blight, or resolve an imminent health or urgent need to health and safety in the community.
If the state likes the proposed project, the community is asked to submit a pre-application, then a formal application is submitted, at which time the town has to pass a formal resolution. The state looks at projects that are ready to move. Once approved, the projects are given two years to complete. For projects other than housing, there is a 10% match that can be in the form of local funds or in-kind services, but may not be state bond funds. The City of Torrington has two ongoing projects: the Thrift Store at the Senior Center and the Health and Wellness Center.
Councilor Jerram asked Mr. Fabbri if he had any scheduled road projects within the identified areas where we can match not only reclaiming the roads, but do the sidewalks at the same time.
Mr. Fabbri stated that they had been holding off on Summer Street because it was a possible site for the courthouse, but it is now scheduled for sidewalks and road paving. Whiting and James are also on the schedule. George and Alvord Streets were paved last year and may be revisited for sidewalks.
Councilor Soliani inquired whether there were streets in worse condition that those mentioned.
Mr. Fabbri indicated that there are streets worse than these, but may not meet the requirements of Small Cities’ funding.
Councilor Jerram asked how this would impact our Main Street / East Main Street corridor.
Mr. Wagner indicated that central downtown serves a region. The state may not want to spend money on downtown because of possible re-development plans. Downtown streets don’t directly serve low and moderate income residents.
Councilor Dalla Valle inquired how much money Mr. Fabbri was looking for.
Mr. Fabbri indicated $500,000.00.
Mr. Wagner indicated that there is usually some discussion at the pre-application level. When your are invited to actually apply, the number they invite you for is the number you actually have to apply for. This program has a 12% decrease this year and is projected for a 30% decrease next year. The small towns may expect to lose a good part of this money in the near future.
Mayor Bingham asked if the city could continue to re-apply once this project is complete.
Mr. Wagner said the state will expect you to apply for something else once this project is complete. It’s easier to go in for a reasonable amount than to lobby for a million and have a hard time completing the project when we could receive two $500,000.00 grants in the same period of time. There is also so much that the engineering department and public works can handle at any given time. The projects all have to be engineered, designed, and inspected. In the past, Torrington has had two and three projects going at any given time, totaling more than $500,000.00.
No one other than Mr. Fabbri was present to request Small Cities’ money.
In closing, Mr. Fabbri explained that his department was not necessarily looking at doing sidewalks on both sides of the streets.
Mayor Bingham called the public hearing to a close at 7:14 p.m.
VOTE #1575
On a motion by Councilor McKenna, seconded by Councilor Soliani, the Council voted unanimously to proceed with the application process.
PUBLIC HEARING: RIGHT OF WAY ORDINANCE #1600
Mayor Bingham called the public hearing to order at 7:15 p.m. to consider adopting an ordinance entitled Right of Way and repealing Article 3, Chapter 180 of the Torrington Code entitled “Street Excavations”.
Assistant City Clerk Joline LeBlanc read the legal notice.
City Engineer Edward Fabbri stated that he revised the existing ordinance in order to preserve the investments the city had in paved roads. The Ordinance Committee reviewed the drafts and made several revisions, and have now agreed to proceed to this point. In order to encourage people to apply for a permit, they left the fee at $25.00. The insertion of a subdivision inspection fee was to get developers to pay the cost of the inspections versus the taxpayer’s paying for a private development. A surcharge fee was included for developers or utility companies who dig without a permit.
Mr. Fabbri stated that Yankee Gas and the Torrington Water Company have been cooperating with the city in coordinating projects that called for streets to be dug up. Yankee Gas was guilty in the past of digging in the winter when the asphalt plants were closed, causing a problem on city roads all winter long.
The ordinance also addresses emergency situations when necessary.
Mayor Bingham called the public hearing to a close at 7:20 p.m.
Councilor Dalla Valle stated that the Ordinance Committee, with the exception of Councilor McKenna who couldn’t attend, recommended approval of the ordinance by the full Council.
ADOPT ORDINANCE #1850
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the
Council voted unanimously to adopt an ordinance entitled Right of Way and to repeal Article 3, Chapter 180 of the Torrington Code entitled “Street Excavations”.
PRESENTATION: FISCAL RESPONSIBILITY #1890
Michael Guarco, Chairman of the Board of Finance from Granby, stated that he and other Board of Finance members from other CT towns are in the process of developing a bipartisan coalition of diverse boards across the state to enhance lines of communications at the Capitol to ease burdens such as 1) unfunded mandates, 2) prevailing wages, and 3) binding arbitration. The consortium is making the same presentation before Boards of Finance, Selectmen, Education, Aldermen, and Town Councils around CT., in hopes of getting their support.
Mayor Bingham stated that the Litchfield Hills CEO as well as Torrington’s Board of Finance unanimously endorsed the consortium and their efforts.
Councilor Dalla Valle asked about the financial obligation mentioned in Mr. Guarco’s literature.
Mr. Guarco stated that they were not looking to register or become paid lobbyists. As municipal officials, they can participate and testify and generally come first at the Capital before paid lobbyists. The consortium has no dues and everyone works on a volunteer basis. They are merely looking to pursue the three point agenda mentioned and nothing else. They want to stay focused on the cost side of things and in areas that will help all communities, big or small.
MOTION #2475
Councilor Jerram made a motion to add an item to the agenda by 2/3rds vote to support the consortium for fiscal responsibility in its entirety and to assist them in any way possible on a volunteer basis to achieve their objectives and goals. Councilor Dalla Valle seconded the motion.
Councilors Jerram and Dalla Valle voted in favor of the motion, Councilors McKenna and Soliani opposed. Having a lack of 2/3rds vote, the motion to add the item to the agenda failed.
Councilor Soliani wanted more information on who this board is and where it originated from.
Mr. Guarco said a steering group consisted of elected officials, three chairmen from Granby (Board of Education, Board of Selectmen, and Board of Finance), as well as some from the east and the west of the state. Other participants include Bart Russell, Executive Director from COST, Gian-Carl Casa or his representative from CCM, and Patrice McCarthy, general counsel and chief lobbyist with CABE.
Their discussions focused on the common elements of costs and cost management in their three point agenda. These particular items appear on all Legislative priority listings. He noted that the top two legislative priorities of the Northwest Council of Governments and the Litchfield Hills CEO encompassed the consortium’s three point agenda. Basically, it’s a group of boards and their elected officials looking to communicate much more with the legislators in what they feel is necessary without costing any money. It’s a way to untie the elected officials’ hands so they can run their local affairs more efficiently and effectively instead of being told what to do.
Councilor Soliani inquired whether the group would be looking to speak in Hartford on behalf of Torrington.
Mr. Guarco said the consortium would speak for the group on particular issues.
Councilor Soliani said she thought that’s what our State Representatives, Senators and Mayors were for; that they were supposed to speak for Torrington.
Mr. Guarco said they tend to need help, and what they need is for the consortium to appear at the Capitol to speak on these issues.
Councilor Jerram stated that nothing would prevent the city’s elected officials from appearing and participating in public hearings, should Torrington join the consortium. From reading Mr. Guarco’s material, the consortium is more in having strength in numbers.
Mayor Bingham stated that the city actually pays CCM to represent us. This consortium would try to add weight and another voice in trying to remedy some of the problems we face.
Mr. Guarco said the difficulty that CCM has is that they can’t get people to
show up and that’s why they are looking for the consortium to supplement them.
Councilor Dalla Valle asked Mr. Guarco if he was looking for towns to speak on behalf of the consortium in regard to these issues.
Mr. Guarco said they were looking for boards within towns to support what they are trying to do. Naturally, the consortium’s voice will speak louder if represented by 24 towns as opposed to being represented by 12.
Mayor Bingham thanked Mr. Guarco for his presentation.
UPDATE ON TORRINGFORD SCHOOL #2960
John Calkins, Chairman of the Torringford School Building Committee, stated that the project was on schedule and under budget. He stated that the back half of the existing building consisting of eleven classrooms was turned over to the Board of Education’s use in January and that they are currently renovating the Torringford West Street side and a couple of rooms on the Charles Street side. That renovation is expected to be complete by the end of May, or early June. Also turned over to the Board of Education in February was the special ed, reading recovery wing. The Media Center is expected to be turned over in the next two weeks. Unfortunately, the books that they currently have will probably fill only one tenth of the new library.
Mr. Calkins reported that the portables cannot be removed until the students get out of school in June and all the teachers’ materials and furniture are removed. This has to occur before the end of June because major work is required underneath the portables prior to completing the landscaping and the exterior of the building.
Mr. Calkins said the people who looked at possibly purchasing the portables had not devised a way to move them, so they will most likely be torn down.
He reported that the back up of water in the court yard was due to erosion from an area that hadn’t yet been seeded. That was a minor issue and further steps have been taken to make sure it won’t re-occur. The one area of concern is that a significant amount of ledge will have to be excavated underneath the portables and they have already expended their rock removal budget; however, 30 to 40% of their contingency funds remain intact.
RESOLUTION: USE OF PROGRAM - SR. CTR. #3315
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to adopt a Resolution for the Use of Program Income in regard to the amendment to the Sullivan Senior Center.
RESOLUTION:
Certified a true copy of a resolution adopted by the City of Torrington at a meeting of its City Council on March 6, 2006, and which has not been rescinded or modified in any way whatsoever.
WHEREAS, the City of Torrington has received funds under the Connecticut Small Cities Community Development Block Grant Program, administered by the State of Connecticut, Department of Economic and Community Development, pursuant to Title I of the Housing and Community Development Act of 1974 as amended; and
WHEREAS, the City of Torrington has expended those funds pursuant to Title I of the Housing and Community Development Act of 1974, the Code of Federal Regulations, and the Assistance Agreement; and
WHEREAS, those funds received by the City of Torrington have generated Program Income.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That it is cognizant of the conditions for the use of Program
Income as prescribed by Title 24, Part 570, Section 489(e) and (f) of the Code of Federal Regulations.
2. That it realizes Program Income is governed by Title I of the Housing and Community Development Act of 1974.
3. That it may use Program Income only for the following activities:
a. The activity that generated the Program income if the activity continues to meet the requirements of Title I of the Housing and Community Development Act of 1974.
b. Any additional activity that meets the requirements of Title I of the Housing and Community Development Act if the City received DECD’s written approval to fund it with Program Income.
4. That it may use Program Income to fund Administrative and Program soft costs with the following limits:
Administrative Costs 16%
Total Administrative and Program Soft Costs 25%
(Housing Rehabilitation Activities Only)
Total Administrative and Program Soft Costs 21%
(All Activities Except for Housing Rehabilitation)
5. That it is hereby amending the Program Income Plan(s) that was adopted for the original activity that generated the Program Income to permit the funding of additional activities from that Program Income.
P & G PEPPER #3330
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to award the “County Road Storm Sewer Installation” contract to P & G Pepper in the amount of $74,205.50.
UPDATE ON BLIGHTED PROPERTIES #3350
Councilor Jerram said it appeared as though the former P. Sam’s property on Church St. had complied with all the exterior issues that required blight attention and asked if the property should be removed from the blight list.
Corp. Counsel Vasko indicated that 199 Water Street is linked to the former P. Sam’s property and it still has a few minor issues. Once they are completed, the property can be removed from the blight list.
In regard to the property located at 521 & 523 Harwinton Avenue, Corp. Counsel Vasko has to see if Torrington Area Health has an appeal. He can then proceed with zoning and TAHD. The property is on the blight list, but hasn’t been cited for blight because it’s a single family residence which is exempt from the Blight Ordinance.
APPOINTMENTS #3560
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to approve the following appointments:
A. Conservation Commission: Kevin Fitzgerald
B. Torrington Area Health District:
Joseph Petricone, for a 3 year term to expire January 9, 2009
C. Zoning Board of Appeals:
James Marinelli, for a 5 year term to expire December 1, 2009
David Moraghan, for a 5 year term to expire December 1, 2010
D. Brownfields Advisory Committee:
Jeff Lalonde, Torrington Development Corporation
JoAnn Ryan, NW CT’s Chamber of Commerce
Rick Lynn, Litchfield Hills Council of Elected Officials
Gerry Zordan, Heritage Land Trust
Mark McEachern, Torrington Historical Society
Jean Cronauer, Northwest Conservation District
APPOINTMENTS #3600
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council with the exception of Councilors Jerram and McKenna who abstained, voted to appoint Councilor Jerram and Councilor McKenna as governmental representatives to the Torrington Development Corporation.
SMALL CITIES: THE INQUIRER: TAPE #2 # 010
On a motion by Councilor Soliani, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $256.50 from Small Cities Fund #250 to The Inquirer Newspaper Group for an invitation to bid ad.
SMALL CITIES: I.C.S., INC. #015
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $25,498.95 from Small Cities Grant #143-DSS to I.C.S., Inc. for application #5 on work done to the Senior Center Project.
BUILDING DEPT. REPORT #020
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the Building Department Report for February 2006.
OPEN TO THE PUBLIC #025
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to re-open the meeting to the public for “agenda items” only. There was no public participation.
BUS: DEPT. HEADS #035
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS # 050
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Jerram asked Mayor Bingham to follow up with Larry Wagner on whether the two property owners on Colorado Avenue South who appeared earlier would be eligible for Small Cities funding.
Councilor Dalla Valle indicated that the pasta dinner was a success. He commended the Fire Department for doing an excellent job cooking, serving, cleaning, etc.
He also commended Mr. Fabbri for his work on the Right-of-Way ordinance.
Mayor Bingham informed the Council that the Personnel Director was looking into the possibility of moving the late night to Monday’s. Department Heads didn’t have any significant problem with the move. He would keep them updated on the matter.
ADJOURNMENT #125
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to adjourn at 8:05 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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