MINUTES
CITY COUNCIL & WPC AUTHORITY
OCTOBER 16, 2006
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, October 16, 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, Building Official Brett Zuraitis, Fire Chief John Field, Sgt. Recchini, Personnel Assistant JoAnn O’Connor, and Administrative Assistant to the Mayor Steve Nocera.
Mayor Bingham called the meeting to order at 6:30 p.m.
Mayor Bingham commended JoAnn O’Connor, Joanne Cracco, and Dr. Metallo for setting up the entire Intern Program. He presented Certificates of Appreciation to all the Torrington High School Interns who worked so diligently for the city this past summer. Each department head spoke in recognition of his or her intern.
OPEN TO THE PUBLIC #460
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the Council voted unanimously to open the meeting to the public. There was no public participation.
NW CT WELCOME CENTER #470
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council heard a presentation on the Northwest Connecticut Welcome Center by JoAn Ryan, on behalf of the Northwest Connecticut Economic Development Corporation.
JoAn Ryan, President of the NW CT Chamber of Commerce, spoke on behalf of the NW CT Economic Development Corporation. She stated that the recommendation was to move Skees Diner to a location that’s accessible from the highway with amenities nearby so people can do business in Torrington. She noted that an individual is willing to move this historic building, possibly to the commuter parking lot just off Route 8 at exit 44. The Welcome Center would be a gateway to NW CT. The project would be a collaborative effort between the city, the State Economic Development Corporation, the Council of Governments, the Council of Elected Officials, and the Convention and Business Bureau. It would promote Torrington and the entire surrounding region without taking away any tax money or any loss
of tax revenue. This project would be funded entirely through donations, grants, support from the business community, and funds from foundations.
Michael Boe, Torrington Architect spoke in regard to the building itself, on how they would have to make it handicap accessible or build an addition for bathroom facilities. He thought the building could be moved without a great deal of difficulty as long as precautions were taken. In order to modify the inside of the building, they would have to be in line with the National Historic Register to be sure they aren’t doing things that would be detrimental to it. There’s a very small amount of material within the structure that is not original from when it was built.
The presentation continued after the Public Hearing.
PUBLIC HEARING
Mayor Bingham called the Public Hearing to order at 7:00 p.m. to consider a revised Blight Ordinance to replace the existing Blight Ordinance.
Assistant City Clerk Joline LeBlanc read the legal notice.
Councilor Jerram left the meeting at 7:00 p.m.
Brett Zuraitis, Building Official, stated that the document creates more of a Blight Task Force. The State’s Attorney’s Office agreed that the new ordinance is a more fundamental way of fighting blight. The new ordinance is more in line than our current ordinance in terms of what other towns are doing to fight blight.
Councilor Dalla Valle, Chairman of the Ordinance Committee, indicated that one of the major changes in the ordinance is that they went to inhabited structures verses uninhabited, except for owner occupied structures.
Michael Clark inquired whether the list of blighted properties would expand.
Councilor Dalla Valle stated that the current list includes a dozen properties. He stated that it wasn’t the intention of the committee to increase the number on the list, but to have a secondary list available to replace a blighted property once one comes off the list. The idea is to keep the list at twelve at all times and have other properties that can be looked at and dealt with, that couldn’t be dealt with under the current ordinance.
Michael Boe inquired whether the ordinance referred to overgrown grass.
Corp. Counsel Ernestine Weaver said the committee discussed overgrown lawns and concluded that lawns would be difficult to regulate and enforce since some people like tall grass, fields, etc. A vermin infested field would be different.
Mr. Zuraitis stated that tall grass could be enforced through other mechanisms, especially if they obstruct vision.
Mary W. Campbell, Secretary of the NW CT Property Owner’s Association, thought some of the definitions in the proposed ordinance seem quite subjective and open to interpretation. For example, windows boarded up with unpainted wood, metal or other material. She thought “other material” could be anything and that would be considered blight. It was her interpretation that windows could only be boarded up with painted wood.
Councilor Dalla Valle indicated that cardboard and insulation could be classified as “other materials”. Painted wood, if painted like the house, would be acceptable.
Mrs. Campbell questioned “Exterior walls that are not substantially weather tight or weather proof or contain holes”, and “A retaining wall that is not of the uniform color”. She thought something that was fading could be considered blight. She thought the definitions were very obscure, open to interpretation, and could be arbitrary.
Mr. Zuraitis told Mrs. Campbell that the task force would have to agree whether a property is considered to be blighted.
Mayor Bingham noted that there’s an appeals process as well.
Mrs. Campbell inquired whether the ordinance included having to have a rental property owner on the committee.
Mr. Zuraitis indicated that what Mrs. Campbell was referring to was a different act which was just enacted in the last legislative session. The proposed ordinance is not based on the new act, but merely on the original article of the General Statutes 7-148( c )(7)(H)(xv).
Leonard Campbell indicated that city officials can enforce anything they can see from the public way, but they can’t go on the property. He felt this ordinance allows the enforcement officer to go on to the property. He could understand if a tenant or a property owner asks for an inspection, then permission is granted to go on the property, however, the city is restricted by the State Constitution to go on a property without a search warrant.
Lenore Blake expressed her concern that two family houses are excluded from the ordinance.
Councilor Dalla Valle indicated that one and two family homes are included in the ordinance unless they are owner occupied.
Francine Young spoke about a particular piece of property which she felt should be on the blight list.
Corp. Counsel Weaver said that piece of property had a pending motion for contempt and she would refer it to the State’s Attorney to look at.
Mayor Bingham informed Mrs. Young that Atty. Judy Dicine from the State’s Attorney’s office was present during one of their recent Blight Committee meetings and assured Mrs. Young that Atty. Dicine would handle the matter.
Mr. Clarke expressed his concern over placing an extra burden of work on the Building Official. Also, he was concerned about such circumstances where 10 or 15 people live in one house and the property owner is paying taxes, the school system is burdened with 8 extra children, and the police department is overwhelmed with the behavior that often goes on in these houses. He thought these issues could be addressed in conjunction with tightening up the blight situation.
As a purchaser of foreclosed properties, he added that it isn’t easy to purchase such properties in Torrington, mostly because getting information from the Tax Office is quite difficult.
Councilor Dalla Valle pointed out that tax foreclosures are sold by the Tax Collector and not the City of Torrington.
Councilor Dalla Valle said that the city has worked on some deals in the past to get certain properties off the blight list and into the hands of people who wanted to purchase them and fix them up. The city is still willing to do so, and that is mentioned in the proposed ordinance.
Thomas Iffland inquired whether commercial, industrial, and municipal properties were included in the proposed Blight Ordinance.
Mr. Zuraitis noted that the Blight Committee wrote the ordinance according to the state statute, and that the Building Official, the Fire Marshal, the Health Department, the Zoning Department, etc. all have their own statutory powers that can be used against commercial properties.
Mr. Iffland felt the properties he mentioned should have been included in the proposed ordinance.
Mayor Bingham closed the public hearing at 7:45 p.m.
ADOPT BLIGHT ORDINANCE #2500
On a motion by Councilor McKenna, seconded by Councilor Slaiby, the Council voted unanimously to adopt the revised Blight Ordinance to replace the existing Blight Ordinance.
BACK TO “NW CT WELCOME CENTER” #2560
Mr. Boe indicated that the state was willing to talk about locating the welcome center at the commuter parking lot because it’s an under utilized lot.
Mrs. Ryan stated that a resolution was passed unanimously during the July 14th meeting of the NW CT Economic Development Corporation, to authorize the executive committee to enter into an agreement to negotiate the relocation of Skees Diner to Route 202, exit 44 off Route 8 for use as the NW CT Welcome Center. Mrs. Ryan’s intention this evening was to inform the Council of what they hope to do and to inform the Council that it’s the recommendation of the Department of Transportation that they move forward by asking the state to enter into a lease agreement with the City of Torrington to sublease this property to the city. The Council would then have to vote on whether or not they would lease it to the corporation to handle the Welcome Center.
Councilor Dalla Valle said he’d like to see the Cisowski name stay with this project because it’s a tradition in the City of Torrington.
VOTE ON WELCOME CENTER #3310
On the previous motion, the Council, with the exception of Councilor Slaiby who abstained, voted to refer the Northwest Connecticut Welcome Center Project to Planning & Zoning for a Section 8-24 referral.
APPEAL: FM PRECISION #3330
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to table the appeal from FM Precision Golf Manufacturing Company, and to table the recommendation from the Water Pollution Control Administrator to dismiss the appeal from FM Precision Golf Manufacturing Company.
Assistant City Clerk Joline LeBlanc informed the board that her office just received a memo from Atty. Conti asking that the matter be tabled until November 6.
Councilor Slaiby left the meeting at 8:00 p.m.
BUDGET TRANSFERS #3370
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to authorize the budget transfers for fiscal year ending June 30, 2006 and referred them to the Board of Finance.
BUDGET TRANSFERS #3380
On a motion by Councilor McKenna, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the budget transfers for 7/1/06 through 9/30/06 and referred them to the Board of Finance.
INCREASE IN SALARIES: REGISTRARS OF VOTERS #3465
On a motion by Councilor McKenna, seconded by Councilor Dalla Valle, the Council voted in the following manner to increase the salary of the Republican and Democratic Registrar of Voters by 4% per year for their two year term.
Councilors McKenna, Dalla Valle, and Soliani voted in favor of the motion. Councilor Waldron abstained. Councilors Jerram and Slaiby were not present for the vote.
RESOLUTION: NATURAL HAZARDS MITIGATION PLAN #3580
On a motion by Councilor McKenna, seconded by Councilor Dalla Valle, the Council voted unanimously to adopt the Municipal Resolution Regarding Natural Hazards Mitigation Plan.
MUNICIPAL RESOLUTION REGARDING NATURAL HAZARDS MITIGATION PLAN.
WHEREAS, the Municipality of Torrington is vulnerable to the impacts associated with severe winter storms, high winds, flooding, and other natural hazards; and,
WHEREAS, the Municipality has participated as a member of the Litchfield Hills Council of Elected Officials (LHCEO) natural hazard mitigation planning process and Public Safety Task Force; and,
WHEREAS, the “Litchfield Hills Natural Hazards Mitigation Plan”, prepared in cooperation with the LHCEO and Public Safety Task Force and dated September 2006, identifies actions that can be taken to reduce or eliminate the impacts associated with the natural hazards of greatest concern in the community;
NOW, THEREFORE, BE IT RESOLVED that the Municipality of Torrington hereby endorses the “Litchfield Hills Natural Hazards Mitigation Plan” and will pursue implementation of the plan’s recommendations within the limitations of available funding.
Passed by the Board of Councilmen this 16th day of October, 2006.
CULVERT MODIFICATIONS: BROOKSIDE AVE. #3620
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to authorize the City Engineer to award the “Culvert Modifications Taylor Brook at Brookside Avenue” contract to the low bidder, Dayton Construction Company, Inc., not to exceed $343,630.00 and to authorize him to meet with the contractor prior to executing a contract to “value engineer” the scope of the work to try to get a lower price.
ADD TO AGENDA #3775
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to add an item to the agenda by 2/3rds vote in regard to provisionally accepting a street.
WHITE PINE ROAD #3800
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to give provisional acceptance to the new segment of White Pine Road.
RE-OPEN TO THE PUBLIC #150
On a motion by Councilor McKenna, seconded by Councilor Dalla Valle, the Council voted unanimously to re-open the meeting to the public on Agenda Items only. There was no public participation.
BUS: DEPT HEADS #160
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to consider business by Department Heads.
BUS: MAYOR & MEMBERS #170
On a motion by Councilor Dalla Valle, seconded by Councilor Soliani, the Council voted unanimously to consider business by Mayor Bingham and Members of the City Council.
ADD TO AGENDA #180
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to add an item to the agenda by 2/3rds vote in regard to a Small Cities matter.
EMERGENCY HEAT PUMP REPLACEMENT #200
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $2,789.00 from Small Cities funding for the emergency replacement of a heat pump.
Councilor Waldron stated that Lawrence Wagner, the City’s Consultant to Small Cities funding, would hold a committee meeting only if there was a risk involved. There was no meeting on this matter.
Councilor Waldron reported that the girl’s cross country team was undefeated and going to the championship this week.
Councilors McKenna and Dalla Valle commended the Intern Program and suggested expanding it in the future.
Mayor Bingham pointed out that the Street Fair and Heritage Day were quite successful.
He commended the Intern Program as well.
He noted that the grant for the summer work program for under privileged kids was extended and we can now offer after school work.
ADJOURNMENT #355
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to adjourn at 8:18 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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