MINUTES
CITY COUNCIL & WPC AUTHORITY
APRIL 2, 2007
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, April 2, 2007 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, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, City Engineer Edward Fabbri, and Director of Elderly Services Nancy Gyurko. Councilwoman Marie P. Soliani was absent.
Mayor Bingham called the meeting to order at 6:45 p.m.
MINUTES #380
On a motion by Councilor Slaiby, seconded by Councilor Jerram, the Council, with the exception of Councilor McKenna who abstained, voted to accept the minutes of the regular meeting held March 19, 2007, as amended.
Councilor Dalla Valle pointed out that the reappointment of Roger Janelle to the Services for the Elderly Commission was not a recommendation from the Commission, as is usually the case for their appointments. It was his suggestion that the Council should have waited to get a recommendation from the Commission prior to making the reappointment. (It was noted that the reappointment was made because the term had expired.) The board agreed to rescind its vote of March 19th to reappoint Roger Janelle and wait for a recommendation from the Commission. Ms. Gyurko is to forward a letter of resignation from Mr. Janelle to the City Clerk’s Office.
OPEN TO THE PUBLIC #470
On a motion by Councilor Jerram, seconded by Councilor McKenna, the Council voted unanimously to open the meeting to the public.
Marcy Fenn and Donna Labbe, members of the Torrington Early Childhood Collaborative, reported on their Active Listening Campaign.
GRANT APPLICATIONS: SERVICES FOR THE ELDERLY #530
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to accept the recommendation from the Service for the Elderly to authorize Mayor Bingham to sign the following Grant applications from Oct 1, 2007 - Sept 30, 2008: the Torrington Chore Program, for $142,118.00, and the Medical Transportation Program for $119,057.00.
FIRE DEPT. UNIFORM BID # 540
On a motion by Councilor Slaiby, seconded by Councilor McKenna, the Council voted unanimously to accept the Purchasing Agent’s recommendation to extend the Fire Department Uniform Bid for years 07/08 with the change to the new style Class A dress garments.
BIRM CONST. #570
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to accept the City Engineer’s recommendation to award a unit price contract to Birm-1 Construction Co., LLC in the amount of $82,202.00 for the Storm Drainage Improvements on Hoerle Boulevard.
FAIR HOUSING RESOLUTION/POLICY STATEMENT #600
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to adopt the City of Torrington’s Fair Housing Resolution and Fair Housing Policy Statement.
FAIR HOUSING RESOLUTION
WHEREAS, All American citizens are afforded a right to full and equal housing opportunities in the neighborhood of their choice; and
WHEREAS, State and Federal Fair Housing laws require that all individuals, regardless of ace, color, religion, sex, national origin, ancestry, marital status, age, mental or physical disability, lawful source of income, sexual orientation, familial status, be given equal access to rental and home ownership opportunities, and be allowed to make free choices regarding housing location;
WHEREAS, the City of Torrington is committed to upholding these laws, and realizes that these laws must be supplemented by an Affirmative Statement publicly endorsing the right of all people to full and equal housing opportunities in the neighborhood of their choice.
NOW, THEREFORE, BE IT RESOLVED that the City of Torrington hereby endorses a Fair Housing Policy to ensure equal opportunity for all persons to rent, purchase and obtain financing for adequate housing of their choice on a nondiscriminatory basis: and
BE IT FURTHER RESOLVED, that the Mayor of the City of Torrington or his/her designated representative is responsible for responding to and assisting any person who alleges to be the victim of an illegal discriminatory housing practice in the City of Torrington.
SELL POPPIES #610
On a motion by Councilor McKenna, seconded by Councilor Dalla Valle, the Council voted unanimously to allow the Polish Army Veterans’ Association of America, Post 110, to sell poppies on May 3, 2007.
BUS: SECTION B #615
On a motion by Councilor McKenna, seconded by Councilor Waldron, the Council voted unanimously to consider business in Section B
TORRINGFORD SCHOOL PAYMENT #625
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the payment of $248,000.00 from the Torringford School Building Fund #314 to O & G Industries for Application #31.
APPOINTMENT: PLANNING & ZONING #650
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to appoint Christine Mele as an Alternate on the Planning & Zoning Commission, for a five-year term to expire December 2011, to fill a vacancy created when Gregory Mele was appointed as a regular member,.
OPEN TO THE PUBLIC #675
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public for “Agenda Items” only. There was no public participation.
BUS: DEPT HEADS #710
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #720
On a motion by Councilor Slaiby, seconded by Councilor McKenna, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council. There was none.
The Council took a five minute recess at 6:55 p.m.
PUBLIC HEARING: To continue the public hearing begun on March 19, 2007, to consider abandoning and discontinuing Volkman Lane (entire length from East Main St. to Franklin St.), Ice House Road (entire length from Norfolk Road to the end of the road), and a portion of Arthur St. (the south end of Arthur St. between Hayes and Grant Streets.)
Asst. City Clerk Joline LeBlanc read the legal notice.
Corp. Counsel Weaver explained that the Engineering and Public Works Dept. proposed to discontinue several streets in an effort to reduce costs. The streets selected were not publicly traveled and functioned primarily as driveways or parking areas for adjacent property owners. Since the streets are no longer thoroughfares and not needed for public use, the city seeks to discontinue public funding of these roads. If passed, the city will no longer be responsible for maintaining these roads. The act of discontinuing a road is provided by the General Statutes as well as by City Charter, as long as it’s not a public thoroughfare.
Corp. Counsel Weaver said once a road is discontinued, it will be considered a private road rather than a public thoroughfare. The abutting property owners will then become responsible for the maintenance of the road. Nonetheless, all abutting property owners will retain the right of travel over the road. The passageway cannot be closed so abutting property owners and utility companies will be able to travel the road.
With respect to ownership rights, Corp. Counsel Weaver stated, in the case where the road is owned by the city, the abutting property owners will own that land to the center of the right-of-way; if it is not owned by the city, those who had title to the land previously would retain the title and it would revert back to them.
City Engineer Edward Fabbri indicated that the city was attempting to save money. The idea was to discontinue maintaining certain roads that are serving as private driveways or alleyways. His department actually located abandoned roads and DOT state right-of-ways that, for some reason or other, the city was still plowing.
Mayor Bingham called the continuance of the public hearing begun on March 19, 2007 to order at 7:04 p.m.
Gail Colangelo, owner of Dick’s Restaurant, indicated that her business has had access to Volkman Lane for 39 years, and was wondering who will pay taxes and maintain this road if it’s abandoned. Should someone become the primary owner of Volkman Lane could they block access to her delivery people and deny access to her customers? Will the police respond if it becomes private property? Will the electric company maintain the lights on Volkman Lane so their customers won’t be afraid to walk to and from their restaurant?
Gregory Nolan, attorney from the law firm of Febbroriello, Conti, and Levy, represented Joseph and Christine Gradowski in regard to the proposed abandonment of Ice House Road. Atty. Nolan stated that the Gradowski’s have resided on Ice House Road since 1979, and that it has been a public road for more than 80 years. When the Still Water Condominium complex was built in 1989, Ice House Road became a dead-end street. Atty. Nolan noted that the burden placed on the Gradowski’s would outweigh the benefits the city would obtain by abandoning the road. The Gradowski’s lack the physical ability to plow or snow blow the road and its proposed abandonment would be an unanticipated inconvenience to them. It could also affect their safety, since Mrs. Gradowski has
had the need for an ambulance twice during the past three years. Atty. Nolan also noted that the value of their property would decrease if services were abandoned.
Atty. Nolan noted that one pass with the city’s snow plow could take care of the street. In addition, the city plows a number of small roads in that area, i.e., Brass Mill Dam Road, Still Water Pond Road, and Hodges Hill Road so they would not be sending a plow merely to plow Ice House Road. Atty. Nolan argued that providing service to Ice House Road is only a minor cost to the city, and urged the Council not to abandon the road.
Mr. & Mrs. Gradowski asked the Council to reconsider the proposed abandonment of Ice House Road.
Carolyn Grosso and Al Ritucci, neighbors of the Gradowski’s and members of the Still Water Condominium Association, noted that maintenance of this road will also fall upon the Association because they abut the road as well, and they can’t afford the expense.
Lesley Budny, and Jean Murphy, co-owners of the Franklin Print Shop located on the corner of Franklin Street and Volkman Lane, opposed the abandonment of Volkman Lane stating that it would seriously affect their business because many of their clients and vendors use the roadway.
Mike Dilullo, owner of the building that houses the Venetian Restaurant opposed the abandonment of Volkman Lane as it would impose some hardships on the businesses there.
Dan Bixby, 53 Hayes Street, opposed the abandonment of a portion of Arthur St. (the south end of Arthur St. between Hayes and Grant Streets), as it will affect the assessment of his home. He noted that the portion of Hayes Street is not only used as a driveway, but used as an access way for people who live on the top of Grant Street next to the river, for the sewing machine business on Grant Street, and for the two garages on either side of Grant Street. He stated that there was no possible way he could shovel from his garage to Hayes Street, nor could he get his trash to the front if he didn’t shovel. He said he was certain it was not costing the town that much more to continue to maintain the road because he was so close to the town garage. The elderly would also be restricted
from walking on that portion of Arthur Street as they presently do.
Joan Rolli, 67 Hayes Street, agreed with Mr. Bixby’s comments.
Herman Leifert, owner of Herman’s Automotive at 46 Grant Street opposed the abandonment of a portion of Arthur St. (the south end of Arthur St. between Hayes and Grant Streets), because his customers are allowed to use Arthur Street as an entrance and exit into his business. He also pointed out that this is a school bus route and any abandonment would mean the bus would have to turn around somewhere in the area.
Fletcher Waldron noted that Arthur Street was a business area, and businesses are what the city wants. He urged the Council to oppose the abandonment.
Former City Councilman Ralph Sabia spoke against abandoning Volkman Lane. With the redevelopment of the downtown area, he envisioned Volkman Lane being used as a walkway to a river walk. He felt it had a historical value and an advantage for people coming in and out of the street. He noted that abandoning it would affect five property owners and that the future sale of these properties would be affected. He asked who would take care of the utilities? He thought Volkman Lane was in disrepair and suggested the city research when the last time maintenance was done on that road.
In regard to the Grant Street abandonment, Ed Fabbri indicated that Mr. Moreau and Mr. Sabia built an addition to their building, and during the site planning approval process, a discussion took place on possibly abandoning that section of road which would have removed their set back requirement and allowed them more room for parking. This is the reason Grant Street is on the list. Mr. Fabbri explained, when the section of Arthur Street near the town garage was discontinued, the road was sectioned into the north half and the south half. He was concerned that emergency crews wouldn’t know which section of the street a 911 call might be coming from. Should the abandonment take place, a solution could be to rename the remaining section, with the permission of the owners of that one house.
Then, Arthur Street would basically disappear at some point in time.
Mr. Bixby said there shouldn’t be any confusion for 911 responders because there would only be one house on Arthur Street. There was more of a chance for confusion should the street be renamed.
Councilor Dalla Valle asked Mr. Moreau if he preferred the street to be abandoned.
Mr. Moreau preferred making no changes, but would go along with the abandonment should the Council choose that route.
In regard to Volkman Lane, Councilor Dalla Valle indicated that he hadn’t seen any maintenance being done by the city in quite a while. Even the plowing gets done by most of the property owners and some of Councilor Dalla Valle’s people. He noted that vendors park their trucks in the middle of Volkman Lane blocking access from one road to the other. Should the Council oppose the proposed abandonment, he asked if everyone involved could be more consistent in keeping the road open.
Mayor Bingham called the public hearing to a close at 7:49 p.m.
MOTION: VOLKMAN LANE #2850
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to oppose the abandonment of Volkman Lane (entire Length from East Main St. to Franklin St.).
MOTION: ICE HOUSE ROAD #2925
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to oppose the abandonment of Ice House Road (entire length from Norfolk Road to the end of the road).
Councilor Dalla Valle stated that the Council has to take care of residents as well as businesses.
Councilor Jerram pointed out that closing the road where there are still vacant pieces of land could pose problems in the future.
MOTION: ARTHUR STREET #2940
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to oppose the abandonment of a portion of Arthur St. (the south end of Arthur St. between Hayes and Grant Streets).
ADD TO AGENDA #2990
Mayor Bingham recommended canceling all further public hearings dealing with the Section 8-24 received from the Planning & Zoning Commission. It was his belief that the city should meet with affected property owners prior to holding public hearings.
Councilor Dalla Valle said the city needs to stop the practice of discontinuing road maintenance in anticipation of roads being abandoned, i.e., Volkman Lane, Gaylord Lane.
ADD TO AGENDA #3085
On a motion by Councilor Dalla Valle, seconded by Councilor McKenna, the Council voted unanimously to add to the agenda by 2/3rds vote, the cancellation of further public hearings.
CANCEL FURTHER PUBLIC HEARINGS ON RD ABANDONMENTS #3100
Councilor Dalla Valle made a motion to cancel further public hearings on road abandonments that have already been scheduled, and to postpone any future public hearings until a list has been reviewed by department heads and Mayor Bingham to bring forward to the Council. Councilor McKenna seconded the motion. Unanimous.
(This motion pertains only to the list of street abandonments relevant to the Section 8-24 referral from Planning & Zoning, approved by this Council on 3/19/2007 and attached to the official document in the City Clerk’s Office.)
Councilor Slaiby said he didn’t want to discourage Engineering and Planning & Zoning from trying to find streets that potentially could be abandoned. He thought the government of the city should be run as efficiently as possible.
Mayor Bingham said they are always looking to save the taxpayer’s money and any future abandonment of roads will be done in a more diplomatic and reasonable manner.
ADJOURNMENT #3300
On a motion by Councilor McKenna, seconded by Councilor Jerram, the Council voted unanimously to adjourn at 8:30 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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