MINUTES
CITY COUNCIL & WPC AUTHORITY
JUNE 19, 2006
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, June 19, 2006, in the Council Chambers.
Those in attendance included City Councilors James F. McKenna, Thomas C. Jerram, Rick E. Dalla Valle, Andrew J. Slaiby, Marie P. Soliani, and Drake L. Waldron as Acting Mayor, Corp. Counsel Ernestine Yuille Weaver, Public Works Director Gerald Rollett, Purchasing Agent Charlene Antonelli, Parks & Recreation Director John Timm, Economic Development Coordinator Christina Emery, and Administrative Assistant to the Mayor Steve Nocera. Mayor Ryan J. Bingham was absent.
Acting Mayor Waldron called the meeting to order at 6:30 p.m.
MINUTES #020
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to approve the minutes of the Public Hearing held May 11, 2006 on the city budget.
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to approve the minutes of the regular meeting held May 15, 2006.
BUSINESS IN SECTION B #040
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to consider business in Section B.
SCHEDULE A PUBLIC HEARING: NEIGHBORHOOD ASST. #050
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to schedule a public hearing on Thursday, June 29th, 2006 at 6:00 p.m. to review and discuss proposals for participation in the 2006 Neighborhood Assistance Act.
OPEN TO THE PUBLIC #095
On a motion by Councilor McKenna, seconded by Councilor Slaiby, the Council voted unanimously to open the meeting to the public. There was no public participation.
HRP ASSOCIATES, INC. #110
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to authorize Mayor Bingham to contract for environmental consulting services with HRP Associates, Inc. for the federally-funded Brownfield Assessment Program.
SOUTH EAST SCHOOL LEASE #120
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, a discussion took place on the South East School lease.
Jeff Schroeder, owner of Shookie Recreations currently leasing the South East School on Oak Avenue said he hoped the Council had received the packet he had put together for them. He stated that his lease is past due, however, he is ready to make an immediate payment of $12,000.00 and asked the Council to allow him to add the past due amount to his regular monthly payments by adding another $2,000.00+ to his regular payments over the course of the next twelve months.
He explained that he had to update the building to meet fire codes. He also did some tree removal and electrical work to the building.
Mr. Schroeder stated that he was fully committed to what he was doing, and that he and his wife had put themselves on the line financially in order to make this investment a success. Since March, he was able to book 365 camp weeks. If they continue to grow at this rate, they will have nothing to worry about in the future in terms of their lease. He was trying his best to do something wonderful for the community.
Mr. Schroeder said he is willing to discuss other options for the building’s use, because it has come to his attention that other parties are interested in the building. Realistically, the building can comfortably house 168 children and it’s possible to offer more than one program at the same time.
Councilor Dalla Valle inquired whether he was talking about sub leasing part of the building to someone else.
Mr. Schroeder stated, although he didn’t want to compete with Parks and Recreation programs, he’d be willing to let them use part of the facility for dance classes or things of that nature. In such an instance, perhaps the lease could be dropped.
Mr. Schroeder said the lease stipulates that he is not allowed to sublet the building in any way, shape or form, however, the city owns the building and he was willing to discuss options.
Councilor Soliani felt Mr. Schroeder needed to show that he is willing to honor the city’s lease by paying everything he owed in full before he entered into conversations with the Council concerning other options.
Mr. Schroeder said he would certainly pay the back lease if he had the funds to do so.
Councilor Jerram asked Mr. Schroeder if he could shorten the length of time he felt he needed to pay his past due amount.
Mr. Schroeder said it depends on the enrollment numbers. He said he mortgaged his home and used everything he had to make this venture work. There was no guarantee, however, if he continued to grow at the present rate, the lease wouldn’t be an issue.
Councilor Jerram expressed concern that Mr. Schroeder may do well during the summer months, but have a lesser amount of children signing up in the fall and winter. He didn’t want to see Mr. Schroeder in front of the Council again in October or November.
Mr. Schroeder said he needed to draw roughly 45 children in their after school program to support his expenses. He presently has 25 children signed up. It was his opinion that he could get there. He understood Councilor Jerram’s concern but wasn’t willing to roll over and let his venture fall apart. He was committed to making this a better community and offer some great programs to the families in Torrington.
Councilor Dalla Valle stated that Mr. Schroeder has done a tremendous job since the last time he was before the Council in bringing his business to fruition. He was impressed with what Mr. Schroeder has done to date and it was his opinion that there would be a whole lot of kids doing nothing if the Council shut him down. He would be in favor of allowing Mr. Schroeder a second chance, but obviously it would probably have to be his last chance.
It was noted that Mr. Schroeder’s check would be presented to the city on June 21, 2006, should they vote in favor of his request.
Corp. Counsel Weaver indicated that Mr. Schroeder owes the city $36,576.00. He made one payment of $12,192.00, which was for two months’ rent. He’s had the lease for eight months and is six months in arrears.
Councilor Dalla Valle said it would be unfair, not only to Mr. Schroeder, but to the children and their families who are signed up, to close him down. He is making a good faith effort in coming before the Council for a second time asking for help.
Mr. Schroeder said the main issue was that he had to carry the building without any running programs. He probably wouldn’t have an issue with the city had he been able to open his doors before school started.
MOTION
Councilor Dalla Valle made a motion to accept Mr. Schroeder’s proposal as it stands. There was no second. Discussion continued.
Councilor Soliani suggested amending the motion to include that Mr. Schroeder appear before the Council on a monthly basis.
Councilor McKenna said that wasn’t necessary. His next payment of $12,000.00 will be paid on Wednesday, June 21. His payments thereafter will occur on the first of every month. If his payments are not made, Mr. Schroeder will be in default and the city can go from there.
Councilor McKenna said he was far more concerned over the fact that Mr. Schroeder didn’t make the payments after the city cut him a deal. He would have been more impressed with Mr. Schroeder had he come back three months ago to discuss the matter before the Council rather than wait until the city started talking about eviction.
Secondly, Councilor McKenna said he can’t believe Mr. Schroeder went into his venture without some knowledge of where the money would come from and when it was going to come to fruition as far as income.
Mr. Schroeder indicated, that when he entered into the lease, he had hopes of being open for business by the 2005/2006 school year. Unfortunately, fire code issues, etc. had to be dealt with first.
MOTION #670
Councilor Dalla Valle made a motion to accept the agreement as proposed, (That he makes a payment of $12,000.00 by June 21, 2006, and that he add the amount past due to his monthly payments by adding another $2,000.00+ to his regular payments over the course of the next twelve months) with the condition, if he defaults, that would be the end of the conversation. Councilor Jerram seconded the motion.
Councilor Soliani stated that Mr. Schroeder would be in default if his $12,000.00 payment wasn’t in the city’s hands by Wednesday, June 21, 2006 and his monthly payments by the first of each month thereafter.
Councilor Waldron added that any default would lead to eviction.
VOTE #690
The Council voted unanimously in favor of the motion.
Councilor Jerram asked to be excused from the meeting at 6:50 p.m.
JULY 4, 2006 FIREWORKS DISPLAY #700
On a motion by Councilor McKenna, seconded by Councilor Soliani, the Council voted unanimously to accept the Purchasing Agent’s recommendation to award the bid entitled “July 4, 2006 Fireworks Display” to American Thunder Fireworks, Inc., Kingston, NH for $14,000.00.
HEATING OIL, DIESEL, AND GASOLINE BID #710
On a motion by Councilor McKenna, seconded by Councilor Slaiby, the Council voted unanimously to authorize the Purchasing Agent to award the #2 Heating Oil, Diesel, and Gasoline bids to the lowest responsive and responsible bidder, providing the total bid price is below the budgeted threshold.
ROADWAY WORK / ROAD SAND AND SALT BID #720
On a motion by Councilor Slaiby, seconded by Councilor Soliani, the Council voted unanimously to waive the bid process and accept the State Bids for roadway work and road sand and salt for the fiscal year 2006/2007, based on the contracts listed in Mr. Rollett’s memo dated June 13, 2006.
COMER CONTRACTING # 730
On a motion by Councilor Slaiby, seconded by Councilor McKenna, the Council voted unanimously to award the unit price contract for the Chip Sealing of Roads to Comer Contracting, Inc. at the unit price of $1.37 per sq. yd.
RESOLUTION: SMALL CITIES COMM. DEV. BLOCK GRANT #740
On a motion by Councilor Slaiby, seconded by Councilor Soliani, the Council voted unanimously to adopt a Resolution in regard to an application for a Small Cities Community Development Block Grant in an amount not to exceed $550,000.00 for the Sidewalk Program.
RESOLUTION
Certified a true copy of a resolution adopted by the City of Torrington at a meting of its City Council on June 19, 2006, and which has not been rescinded or modified in any way whatsoever.
WHEREAS, Federal monies are available under the Connecticut Small Cities Community Development Block Grant Program, administered by the State of Connecticut, Department of Economic and Community Development pursuant to Public Law 93-383, as amended; and,
WHEREAS, Pursuant to Chapter 127c, and Part VI of Chapter 130 of the Connecticut General Statutes, the Commissioner of Economic and Community Development is authorized to disburse such Federal monies to local municipalities; and,
WHEREAS, it is desirable and in the public interest that the City of Torrington make application to the State for $550,000.00 in order to undertake a Small Cities Community Development Program and to execute an Assistance Agreement therefore, should one be offered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That it is cognizant of the conditions and prerequisites for State Assistance imposed by Park VI of Chapter 130 of The Connecticut General Statutes; and,
2. That the filing of an application by the City of Torrington in an amount not to exceed $550,000.00 is hereby approved, and that the Mayor is hereby authorized and directed to file such application with the Commissioner of the Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required by the Commissioner, to execute an Assistance Agreement with the State of Connecticut for State financial assistance if such an Agreement is offered, to execute any
amendments, recessions, and revisions thereto, to implement project activities, if approved, and to act as the authorized representative of the City of Torrington.
RECONSTRUCT TENNIS COURTS BID #750
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to accept the recommendation of the Purchasing Agent to award the bid entitled “Reconstruct Durand St/Griswold St. Tennis Courts” to the low bidder, M & M Tennis Courts Co. of Bristol, CT.
BUILDING DEPT. REPORT #770
On a motion by Councilor Soliani, seconded by Councilor McKenna, the Council voted unanimously to accept the Building Department Report for May 2006.
TORRINGFORD SCHOOL PAYMENTS #780
On a motion by Councilor Slaiby, seconded by Councilor McKenna, the Council voted unanimously to authorize the following payments from the Torringford School Building Fund #314:
Friar Asso. Invoice #34 Prof. Services $ 15,691.00
O & G Ind. Invoice #23 Prof. Services $300,458.00
Dell Computers M98362231 213 Desktops $ 3,030.00
Dell Computers M98200398 $ 10,100.00
Dell Computers M98199128 $ 10,100.00
Dell Computers M98198792 $ 10,100.00
Dell Computers M98199454 $ 10,100.00
Dell Computers M98725792 $ 10,100.00
Dell Computers M98723196 $ 10,100.00
Dell Computers M98199268 $ 10,100.00
Dell Computers M98724621 $ 10,100.00
Dell Computers M98724680 $ 10,100.00
Dell Computers M98198571 $ 10,100.00
Dell Computers M98721207 $ 10,100.00
Dell Computers M98199713 $ 10,100.00
Dell Computers M98198946 $ 10,100.00
Dell Computers M99703393 $ 10,100.00
Dell Computers M98723072 $ 10,100.00
Dell Computers M98722556 $ 10,100.00
Dell Computers M98199721 $ 10,100.00
Dell Computers M98200177 $ 10,100.00
Dell Computers M98725865 $ 10,100.00
Dell Computers M98199446 $ 10,100.00
Dell Computers M98200380 $ 10,100.00
ME O’Brien & Sons I060176-IN $ 35,291.00
ME O’Brien & Sons I060490-IN $ 9,550.00
OPEN TO THE PUBLIC # 840
On a motion by Councilor McKenna, seconded by Councilor Slaiby, the Council voted unanimously to re-open the meeting to the public for “agenda items” only. There was no public participation.
BUS: DEPT. HEADS #855
On a motion by Councilor Slaiby, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by Department Heads.
John Timm noted that the pool will open this week-end after a brief delay due to mechanical problems.
BUS: MAYOR & MEMBERS #880
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.
Councilor Dalla Valle asked Mr. Rollett if contractors could post a bond instead of being charged $10,000.00 as a security deposit for each excavation in accordance with the newly passed Right of Way Ordinance.
Mr. Rollett indicated that calling in a bond is extremely difficult and time consuming. Even the state is having a hard time trying to collect on bonds from major contractors going under. The intent of the ordinance was to get better assurance that the city will have resources to deal with issues quickly, should there be a problem.
Steve Nocera stated that the ordinance required $1,000.00 per job, not $10,000.00.
Councilor Dalla Valle thanked Mr. Nocera for pointing out his mistake.
Corp. Counsel Weaver indicated that she will look into the matter.
Councilor Slaiby thanked Economic Development Coordinator Christina Emery for all her dedication to the city.
He also said he received a complaint concerning the Tax Collector’s Office.
Councilor Soliani said she has received phone calls from people who had not received their tax bills and wondered if the Mayor’s Office could find out when they’ll be mailed out.
She wished Christina Emery well in her new endeavors and said she would miss her terribly.
Councilor Waldron thanked Mrs. Emery for a job well done and wished her well in the future.
ADJOURNMENT #1080
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to adjourn at 7:05 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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