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Minutes 10/02/2006
                            MINUTES
                          CITY COUNCIL & WPC AUTHORITY
                          OCTOBER 2, 2006

A   REGULAR  MEETING  of the City Council & WPC Authority was held on Monday, October 2, 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, Andrew J. Slaiby, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, City Engineer Edward Fabbri, Purchasing Agent Charlene Antonelli, WPC Administrator Raymond Drew, and Administrative Assistant to the Mayor Steve Nocera.

Mayor Bingham called the meeting to order at 6:38 p.m. immediately following a meeting of the Board of Trustees of the City Employees’ Retirement Fund.  

MINUTES #220
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the board voted unanimously to accept the minutes of the regular meeting held September 18, 2006.

OPEN TO THE PUBLIC #230
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the board voted unanimously to open the meeting to the public.

Sgt. Major (Retired) Len Dube, Commander of the American Legion Post, urged the Council not to impose any tax liens, any restrictions beyond single dwellings, and any asset limitations in regard to the elderly tax freeze.
        
        Mary Campbell, Secretary of the Northwest Ct. Property Owners                                  Association, echoed the same sentiment as Len Dube.

MOVE ITEM ON AGENDA #390
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to move Item #17 on the agenda to the present time.  (Elderly Tax Freeze.)
        
ELDERLY TAX FREEZE #395
Councilor Dalla Valle indicated that it was the recommendation from the Sub Committee on the Tax Freeze, to place a $125,000.00 asset limitation, excluding the primary residence in the City of Torrington, and exclude anyone living in a home under life use.   This was a 4-1 vote from the sub committee, with Councilor Jerram opposing the recommendation, specifically for a chance to argue the section on multi-family dwellings.   Councilor Dalla Valle put this in the form of a motion to the full board.  Councilor Slaiby seconded the motion.

Councilor Jerram agreed with the $125,000.00 asset limitation, excluding the primary residence in the City of Torrington, and excluding anyone living in a home under life use; however, he felt that properties as defined today as residential would be anywhere from a one to four family property, and thought mixed use properties should be excluded as well as general commercial properties, five family and up dwellings, office buildings, and apartment buildings.  He asked Councilor Dalla Valle to amend his motion to include one and two family dwellings, but exclude three and four family dwellings, as well as the other commercial properties from this program.  The matter could be revisited in a year if need be.

Councilor Dalla Valle stated that he was not willing to amend his motion.  He indicated that his motion talked about primary residences, and did not  differentiate between 1, 2, 3 or 4 family homes.  He stated that any concern over the collection of rental income would show up as income on the application, and they would not be eligible for the tax freeze if their income exceeded the limits.  The definition isn’t 1,2,3, or 4 family, but the primary residence; they have to live in their home.  The sub committee is not asking to put any limitations on the size or the value of that home.

Councilor Jerram stated that, while they may be generating rental income, through their income tax Schedule C, depreciation, and whatever other expenses may arise, they can end up showing very little income.   He noted that they had to protect the remaining taxpayers in the city.  

Councilor Slaiby said his recommendation was to include the 3 and 4 families and do a study in perhaps two years.

VOTE ON TAX FREEZE #890
Councilors Dalla Valle, Slaiby, Soliani, and Waldron voted in favor of the motion.  Councilors McKenna and Jerram opposed the motion.  On a 4-2 vote, the motion carried.

Councilor Dalla Valle noted that re-visiting the matter could take place in the future, but it was not part of his motion to do so.

TORRINGTON DEVELOPMENT CORP. PAYMENT #900
On a motion by Councilor McKenna, seconded by Councilor Jerram, a discussion took place in regard to the request to authorize the payment of $50,000.00 to the Torrington Development Corporation to be charged against Prior Year Encumbrance P.O. #05-6440.

Jeffrey Lalonde, President of the Torrington Development Corporation, stated that originally, the city had a prior year encumbrance of $150,000.00 allocated for the development of the Municipal Development Plan once the Environmental Impact Evaluation for the Downtown Conceptual Master Plan was completed.   The Conceptual Master Plan and the Environmental Impact Evaluation has been completed.  A record of decision has been offered by the Department of Economic & Community Development and forwarded to the Office of Policy and Management.  The Council, in its wisdom, knowing that the Economic Development Coordinator in the city needs to spend time working on economic development within the city and not working on this master plan, has given the task of developing the Municipal Development Plan to the Torrington Development Corporation.  The $50,000.00 will be seed money to hire an interim director who will begin the process of directing the plan.   Early indications are that up to $200,000.00 could be allocated to the Torrington Development Corporation from the Department of Economic & Community Development to continue the development of this plan and other work that the TDC will undertake.

Councilor Dalla Valle pointed out that he can recall spending thousands of dollars on past downtown development coordinators in the past twenty years, only to see that money go up in smoke.   He was uncertain of his willingness to try it again.

Councilor Jerram indicated that the Torrington Development Corporation has  moved the conceptual plan and its five stages to a concrete plan where they can take a concept into reality.  The work that needs to be done from this point forward is going to take a full time executive director, but until they find that person, they need someone to get them through that interim period.

Councilors Soliani and Jerram felt that Christina Emery was an excellent choice for the interim director.

Mr. Lalonde assured Councilor Dalla Valle that the TDC is organized differently.  They are a public/private organization, operating in the best interest of the city with the guidance of the state, where the state has said it is economically feasible and they are willing to consider putting millions of dollars into the plan.  The TDC’s goal is progress.

Atty. Victor Muschell agreed with Councilor Dalla Valle that other Coordinators had not come to fruition.  Some were funded by the city and others by the city merchants; however, the TDC has gotten much further with its work than any of the others.   He urged the Council to approve the expense.   He noted that the time the TDC spent so far and the money that was spent on the EIE Study will be wasted if they don’t move forward at this time.

Mayor Bingham pointed out that the TDC, as a volunteer board, has accomplished a significant amount of work in the past six months.

VOTE ON TDC PAYMENT #1315
On the previous motion, the Council, with the exception of Councilor Dalla Valle who opposed, voted in favor of the motion to authorize the payment of $50,000.00 to the Torrington Development Corporation to be charged against Prior Year Encumbrance P.O. #05-6440.

AGREEMENT: CITY & U.S. DEPT OF AGRICULTURE (PAGANNINI) #1330
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to authorize the execution of the Joint Agreement and Operation and Maintenance Agreement for Emergency Watershed Protection Measures Between City of Torrington and the United States Department of Agriculture Natural Resources Conservation Service,” and        to authorize the temporary funding, estimated to be $18,250.00, from Sanitary Sewer Capital Improvement Fund #490 and referred it to the Board of Finance. (Funds will be reimbursed by the State Department of Environmental Protection.)

Mrs. Pagannini pointed out that the barriers had been removed from the hole.   No one present was aware of it.  It would be investigated in the morning.

GASOLINE & DIESEL TANK REPAIRS #1480
On a motion by Councilor McKenna, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the recommendation from the Purchasing Agent and the Fleet Manager to award the bid entitled “Gasoline & Diesel Tank Repairs” to the low bidder, Lemelin Environmental Services of Chicopee, MA for $39,465.00.  (Tabled on 9/18/06.)
BUILDING BRICK WORK @ POLICE DEPT. #1570
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the use of $20,000.00 from the Capital Expenditure Account for Roof Replacement and $6,800.00 from the Capital Expenditure Account for Telephone System Upgrades towards the Building Brick Work at the Police Department.  

EMERGENCY RESPONSE VEHICLE #1790
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to authorize the use of “up to $42,000.00" from  Vehicle Replacement Contingency for a new emergency response vehicle, which will be reimbursed by Federal Grant monies.  
        
WRIGHT-PIERCE #1885
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the payments of $9,900.00 and $13,440.00 from Sanitary Sewer Capital Improvement Fund #490 to Wright-Pierce for work performed on the South Main Street Pump Station and Sewer Design, and referred them to the Board of Finance.

Councilor McKenna left the Council Chambers at 7:24 p.m.

P & G PEPPER #1910
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to authorize the payment of $96,621.50 from Sanitary Sewer Capital Improvement Fund #490 to P & G Pepper Construction Services, Inc. for work performed on the Crestwood Sanitary Sewer Installation and referred it to the Board of Finance.

FINAL ACCEPTANCE: PENNY LANE #1965
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to give Final Acceptance to 1,531' of Penny Lane, beginning at the intersection of Hillandale Boulevard and continuing to the end of the Penny Lane cul-de-sac.

RAR EXCAVATING, LLC #1975
On a motion by Councilor Slaiby, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $3,920.00 from the Sanitary Sewer Capital Improvement Fund #490 to RAR Excavating, LLC for various sewer line point repairs, and referred it to the Board of Finance.

Councilor Dalla Valle left the Council Chambers at 7:26 p.m.

MARYANN JASONIS #1985
On a motion by Councilor Slaiby, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $200.00 from Contingency to Maryann Jasonis for damages incurred to 9 Bradford Road by Street Department, and referred it to the Board of Finance.

Councilor McKenna returned at 7:28 p.m. and Councilor Dalla Valle returned at 7:30 p.m.

SMALL CITIES: PROJECT 143-214 #2065
On a motion by Councilor Soliani, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $3,600.00 from Small Cities Fund #250 for change order on Project #143-214.

SMALL CITIES: PROJECT 143-231 #2200
On a motion by Councilor Soliani, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $12,720.00 from Small Cities Fund #250 for emergency roof and electrical service on project #143-231.

SMALL CITIES: CITY OF TORRINGTON #2215
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $75.00 from Small Cities Fund #250 to the City of Torrington for a limited title search.  

BLDG. DEPT. REPORT #2225
On a motion by Councilor Soliani, seconded by Councilor Waldron, the Council voted unanimously to accept the Building Department Report for August 2006.

RECOMMENDATION: ORDINANCE COMM. #2240
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to accept the recommendation from the Ordinance Committee to schedule a public hearing for Monday, October 16, 2006 at 7:00 p.m. to consider adopting the revised Blight Ordinance as presented.

Councilor Soliani thanked all those who worked so diligently on this ordinance.

There was no recommendation from the Personnel Committee.

RE-OPEN TO THE PUBLIC #2370
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to re-open the meeting to the public on Agenda Items only.  There was no public participation.

BUS: DEPT. HEADS #2390
On a motion by Councilor Slaiby, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business by Department Heads.

Nancy Gyurko, Director for the Elderly Services, thanked the Council for supporting the tax relief for eligible seniors.

BUS: MAYOR & MEMBERS #2430
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to consider business by Mayor Bingham and members of the City Council.  

Councilor Slaiby stated that recruitment for new members of the Mayor’s Committee on Youth would take place on Thursday at the High School.

Councilor McKenna noted that Charlotte Hungerford was celebrating its 90th anniversary.   Pictures of when it opened are being displayed for the public in the cafeteria.

Councilor Jerram, on behalf of the Jr. PeeWee Football Team, thanked Mayor Bingham for his effort in trying to secure the High School football field for a make up game.  

Councilor Dalla Valle said the 17 trees planted in Coe Park on previous Youth Days will be salvaged or replaced and will line the walkways in Coe Park in honor of the children who planted them.   He noted that Fuessenich Park may allow the Mayor’s Committee on Youth to plant future trees along its perimeters to continue the tradition for Youth Day.
        
He noted that Forbes School is voting to select their City Council on Wednesday and that 80 children were running for four seats.  He thought it was a tremendous political process that 3rd, 4th, and 5th graders are involved in.

Councilor Dalla Valle noted that, on behalf of the Mayor, the City Council, and the City of Torrington, he will have the honor of accompanying Antonio Viscariello to the Italian Consulate in New York City so that Mr. Viscariello can receive the honor of Star Solidarity Knight.   

Mayor Bingham stated that the city would provide Mr. Viscariello with a Proclamation from the city in the near future.

Mayor Bingham informed the Council that the city was awarded it’s grant for $550,000.00 for sidewalk repair from Small Cities funds.

ADJOURNMENT #2900
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to adjourn at 7:45 p.m.


ATTEST: JOLINE LeBLANC
             ASST. CITY CLERK