MINUTES
CITY COUNCIL & WPC AUTHORITY
JUNE 18, 2007
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, June 18, 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, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, Public Works Director Gerald Rollett, Purchasing Agent Charlene Antonelli, WPC Administrator Raymond Drew, Police Chief Robert Milano, Administrative Assistant to the Mayor Steven Nocera, and Personnel Director Thomas Gritt.
Mayor Bingham called the meeting to order at 6:30 p.m.
OPEN TO THE PUBLIC #020
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to open the meeting to the public. There was no public participation.
LEVEE RESTORATION WORK #025
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to accept Comptroller Alice Proulx’s request to add a line item to the 2007/2008 budget for “levee restoration” work, and referred it to the Board of Finance.
A. New line item - 0010.0031.5816.0034 - LOCIP - Levee Restorations
B. Increase to Line item 0010.0070.4052.0000 - LOCIP Projects
TRANSFER OF FUNDS #035
On a motion by Councilor McKenna, seconded by Councilor Slaiby, the Council voted unanimously to accept Comptroller Alice Proulx’s request to transfer approximately $112,000.00 (other than the $250,000.00 designated for the Police Department masonry work) from Anthem Funds to the General Fund, and referred it to the Board of Finance.
TRANSFER ANTHEM FUNDS #040
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to accept Comptroller Alice Proulx’s request to modify the 2006/2007 budget as follows and referred it to the Board of Finance: $250,000 transfer from Anthem Funds to General Fund.
A. New Line item 0010.0023.5245.0007 - Police Department - Masonry Work - $250,000.
B. Increase line item 0010.0070.4900.0000 - Transfers In (Anthem Fund 0245)
$250,000
REVISED PUBLIC WORKS CAPITAL BUDGET #050
On a motion by Councilor Slaiby, seconded by Councilor McKenna, the Council voted unanimously to accept the Revised Public Works Capital Revision No. 1, requested by Public Works Director Gerald Rollett, in his memo dated June 7, 2007 and referred it to the Board of Finance.
REMOVAL OF FORBES UNDERGROUND STORAGE TANKS #060
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to approve the following in regard to the Removal of Forbes Underground Storage Tank:
A. Establish a building committee of one person naming the Director of Facilities as committee chair.
B. Authorize the preparation of schematic drawings and outline specifications for the proposed project including the professional cost estimates.
C. Authorize the Board of Education to submit Form ED049 to the State Department of Education.
Nancy Haynes, Director of Business Services for the Board of Education, indicated that the project was in the Board of Education’s Capital Budget for the year 2007-08. She indicated that the underground storage tank was at the end of its useful life and it will be replaced with an above ground tank. It is eligible for reimbursement under a State Department’s of Education grant. The location of the new tank will be determined once the underground tank and the portables are removed.
Councilor Soliani inquired whether any testing had been done on the underground tank to determine whether or not it is leaking.
Ms. Haynes informed the board that it was tested last year and it was not leaking at that time, so they don’t anticipate finding any contaminated soil.
APPEAL: SEWER HOOK UP FEE - FALCONE #125
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, a discussion took place by the City Council, acting as the Water Pollution Control Authority, on the appeal from John Falcone for a sewer hook up fee of $2,500.00.
WPC Administrator Raymond Drew informed the board that Mr. Falcone recently purchased a piece of property, which was previously a church, located at 410 Migeon Avenue, and is converting it to two apartments. The city charged Mr. Falcone $2,500.00 sewer connection fee for the additional apartment unit, per a city ordinance.
Mr. Falcone appealed the additional sewer connection fee to the Water Pollution Control Authority, and Mr. Drew denied his appeal by letter to Mr. Falcone dated April 24, 2007. Mr. Falcone is currently appealing the charge before the full board.
Councilor Dalla Valle pointed out that Mr. Falcone has rehabilitated many old buildings and has made many investments in the City of Torrington. He converted a church, which was tax exempt, into a tax generating building. He has already paid $2,500.00 in taxes since he has purchased the building.
Councilor Dalla Valle said he believed there were certain situations when ordinances could be waived or altered and asked the Council for consideration, as he previously did with Mr. Lee. He thought the Council should encourage people like Mr. Falcone and Mr. Lee to continue to invest in our city.
Councilor Soliani asked Mr. Drew if the Council has ever granted such an appeal in the past.
Mr. Drew said in his eight-year tenure, the WPCA has never granted an appeal where a public sewer infrastructure project was not completed.
Councilor Soliani said it was wonderful to see the rehabilitation of some old properties, and was certain that many people improved their property and had not come before this board with such an appeal.
Mr. Drew noted that the sewer connection fees are solely dedicated to the sanitary sewer infrastructure rehabilitation and the city is looking at a $5 million project on the east end in the near future.
Councilor Jerram noted that every newly constructed home beautifies our city, but those homeowners still have to pay the connection fee. As stewards of the Water Pollution Control Authority, the ordinance was established for the proper operation and maintenance of the sewer system.
Mr. Falcone stated that the building in question never paid a dime in revenue to the city and he already paid $2,300.00 in taxes since January 1, 2007. The additional unit is only 750 square feet and that he was never informed that he would be subject to a surcharge of $2,500.00, otherwise, he might have kept it as a one family. He indicated that the unit is very difficult to rent because it consists of only one room and a bathroom. He said he’s had more offers to rent the building as a one family as opposed to a one family with a small apartment, so eventually, this building is going to be rented as a one family. Mr. Falcone stated that he’s already had two tenants in three months because the unit is so small and doesn’t have any closets. He would feel more
comfortable paying the additional $2,500.00 if the building was a definite two family, but that amount was not justified for such a small unit. He had no objection to paying the sewer user fee for the unit. If the city had allowed him to make the unit larger, he could have built a bedroom and closet space, making it more inviting to tenants.
VOTE #445
Councilors Dalla Valle and Waldron voted in favor of the appeal from Mr. Falcone. Councilors McKenna, Jerram, Slaiby, and Soliani denied the appeal. On a 2-4 vote, the appeal from Mr. Falcone was denied.
SMALL CITIES CONTRACT #450
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to accept the recommendation from the Purchasing Agent to award the contract for Small Cities Community Development Program Coordinator to L. Wagner & Associates.
BID: ROADWAY WORK AND ROAD SAND AND SALT #460
On a motion by Councilor Jerram, seconded by Councilor McKenna, 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 2007/2008, based on the contracts listed in memo dated June 7, 2007 by Public Works’ Director Rollett.
INSTRUMENT SERVICES GROUP #470
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the City Council acting herein as the Water Pollution Control Authority, voted unanimously to waive the bid process and accept the recommendation of Purchasing Agent and WPCA Administrator to award sole source purchase of Pump Control Panel “PCP-1" for the Torrington Middle School Pump Station Upgrade to Instrument Services Group for the sum of $27,500.00 as detailed in a quote dated 3/15/07.
ADOPT RESOLUTION: COMPETITIVE HISTORIC DOCUMENT PRESERVATION GRANT #480
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to adopt a Resolution authorizing Mayor Bingham to enter into a contract with the Connecticut State Library Board in regard to the Competitive Historic Document Preservation Grant #143-CRM-08 approved for the City Clerk in the amount of $50,000.00 for the year 2007-08.
RESOLUTION
I, Joseph L. Quartiero, Town Clerk of the Municipality of Torrington, do hereby certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Town Council duly held and convened on the 18th day of June, 2007, at which a constituted quorum of the Town Council was present and acting throughout.
RESOLVED; that Ryan J. Bingham, Mayor, is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for a Historic Documents Preservation Grant.
IN WITNESS THEREOF, the undersigned has affixed his signature and the town seal this 19th day of June, 2007.
Joseph L. Quartiero, CMC
MILONE & MacBROOM #530
On a motion by Councilor McKenna, seconded by Councilor Slaiby, the Council voted unanimously to authorize Mayor Bingham to execute a contract with Milone & MacBroom to provide professional services necessary to meet the Army Corps of Engineers required Maintenance Deficiency Correction Plan (MDCP) actions.
SMALL CITIES #550
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the Council voted unanimously to accept the change order of $4,100.00 for Small Cities Project 143-214.
UNITED WAY #600
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council, with the exception of Councilor Soliani who opposed, voted to authorize United Way to erect a United Way thermometer in front of City Hall from September 6 thru November 18, 2007.
MILONE & MacBROOM #620
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to authorize the execution of a contract with consulting engineers Milone & MacBroom for design work on Weed Road Culvert Replacement, to be paid from Contingency for a fee not to exceed $55,000, and referred it to the Board of Finance. Seventy-five percent of the cost will be reimbursed by FEMA.
PURCHASE VEHICLE #675
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to accept the Fleet Manager and Purchasing Agent’s recommendation to purchase a 2007 Ford Sport Tract LTD from Litchfield Ford for $21,264.00 after a trade-in of the 2002 Ford Explorer. Funds to come from Vehicle Replacement.
PURCHASE VEHICLE #680
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to accept the Purchasing Agent and the Fleet Manager’s recommendation to purchase a 2007 Ford Taurus from Litchfield Ford for $12,764.00.
Mayor Bingham stated that a joint meeting of the City Council and the Board of Finance will be scheduled in the near future to hear a presentation from Mercury Consultants on how the city plans to proceed on vehicle replacement.
BUILDING DEPT. REPORT #710
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to accept the Building Dept. Report for May 2007.
OCCUPATIONAL RISK CONTROL SERVICES #725
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to authorize the use of $9,328.00 from Contingency to hire Occupational Risk Control Services, Inc. to conduct specialized testing for mold and mildew problems at Police Headquarters, and referred the matter to the Board of Finance. (The Council will hire Occupational Risk Control Services, Inc., if needed, after further testing is completed by OSHA in July.)
Mayor Bingham indicated that, in January or February, the city was alerted that the police station may have mold problems. As a pro-active measure, the city asked OSHA to do a study. Their findings released in April basically said there wasn’t a significant amount of substance to be alarmed about but they wanted to return in July when the air conditioning was running to give them a better indication of whether or not there was a potential for mold growth. The request before the City Council at this time is a step beyond OSHA’s visit in July.
Mayor Bingham thought the request should be tabled until OSHA has completed its study to see if there is a need for further evaluation.
Thomas Gritt, Chairman of the Safety Advisory Committee, said the committee recommended the city get an evaluation from OSHA. In the past, the committee found that OSHA comes in as consultants more than inspectors, and they provide free testing. OSHA tested the carbon dioxide levels, carbon monoxide, temperature, and humidity to determine the quality of the air, and they wanted to come back in July, since that would be the best time to check for mold when the outside air is humid and the air conditioners are working. As far as Mr. Gritt was concerned, the city was going to get free testing from OSHA.
Councilor Soliani asked why we would need to hire Occupational Risk Control Services if OSHA is coming in July to perform free testing. She asked if air conditioners tended to dry out the air rather than increase the mold and mildew.
Mr. Gritt explained that it will be humid in July and the air conditioning system will be running at full output. When water condenses, it goes somewhere, and OSHA wants to know where it’s going. They did find areas in the building that showed old water intrusion, but he didn’t know whether the problem areas had been repaired. In the course of doing the masonry work, Chief Milano was talking to people about trying to identify where water might be penetrating the building. The water intrusion is what needs to be addressed at some point. OSHA said that even when they run the air conditioning system, the duct work is self contained so that any outside water intrusion would probably not get into the duct work so that would not affect the air quality of the building.
Councilor Soliani asked if the reason for hiring Occupational Risk Control Services was to identify the problems sooner and get them corrected before OSHA comes in.
Chief Milano said he thought the consensus was that we should have OSHA come in and complete its testing. He noted that their air conditioning system is not the most desirable unit and is in need of constant repair, and that perhaps some of those problems are contributing to the mold. The masonry work on the building is currently in progress and that may have eliminated some of the seepage into the building. His concern when OSHA visited the site in January was that they should address the issue before it becomes a major issue. He and the deputy were more than happy to let OSHA come in and see where it takes them. They may still have to hire some individuals afterwards.
Councilor Soliani indicated that this company would not come in until after OSHA does their second testing.
Chief Milano said that was correct. He indicated that OSHA had a high regard to Occupational Risk Control Services. In hindsight, we’re probably just not there yet and we probably need a more complete picture from OSHA.
Mayor Bingham asked the Council if they were going to approve the request and then wait until they have to bring them in.
Councilor Jerram said they can approve the request. They don’t have to spend the money if they don’t need to, but if they do they’ll be ready to move.
Chief Milano suggested getting a provisional approval of the Council in combination with the Chairman of the Safety Committee, the Mayor’s Office, and Mr. Rollett, after they determine what the report from OSHA actually says.
Councilor Slaiby expressed his concern that $9,000.00 may not be enough, should they find more problems than they anticipate.
Chief Milano said the company’s (Occupational Risk Control Services) proposal is based upon their experience of what they typically find in buildings similar to police headquarters. The funds are merely for the testing of the building, not the remediation.
Mr. Gritt said he talked to the city’s insurance company and they felt going to OSHA was the right thing to do. Further decisions can be made once the testing with OSHA is complete.
PUBLIC HEARING #1075
City Clerk, Joseph L. Quartiero, read the legal notice.
Mayor Bingham called the Public Hearing to order at 7:00 p.m. to review and discuss proposals for participation in the 2007 Neighborhood Assistance Act.
Mayor Bingham asked if anyone from the public or the Board of Councilmen had any questions or comments. There was none.
Having no public participation, Mayor Bingham called the Public Hearing to a close at 7:03 p.m.
ACCEPT PROPOSALS: NEIGHBORHOOD ASSISTANCE ACT #1165
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to accept the following four proposals submitted for participation in the 2007 Neighborhood Assistance Act.
Chamber of Commerce of Northwest Connecticut, Inc. - $40,000.00 for community services/employment and training.
Susan B. Anthony Project, Inc., - $75,000.00 for community services for victims of domestic violence and sexual assault.
Litchfield County Association for Retarded Citizens, Inc. (LARC) - $23,908.00 for day support programming.
United Way of Northwest Connecticut, Inc. - $150,000.00 for 2007 United Way of Northwest Connecticut Campaign.
BID: POLICE BODY ARMOR #1175
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to accept the recommendation from the Board of Safety, the Vest Committee and the Purchasing Agent to award the bid entitled “Police Body Armor” to First Choice Armor at $530.00 per vest. ($40,810.00 for 77 vests.)
BUS IN SECTION B #1190
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to consider business from Section B.
AUDITOR’S CONTRACT #1200
On a motion by Councilor McKenna, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the transfer of the auditor’s contract with Sawicki & Lombardozzi, Inc. to UHY, LLP.
RE-OPEN TO THE PUBLIC #1210
On a motion by Councilor Jerram, 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 #1220
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by Department Heads.
Purchasing Agent Charlene Antonelli introduced Shirley King as her replacement. Charlene will be training her for the next two weeks, prior to her retirement.
Mayor Bingham welcomed Ms. King and thanked Mrs. Antonelli for her tremendous service to the city.
A five minute recess was taken at 7:08 p.m.
The Council reconvened at 7:12 p.m.
BUS: MAYOR & MEMBERS #1290
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
ADD TO AGENDA #1300
On behalf of the Ordinance Committee, Councilor Dalla Valle requested adding an item to the agenda by 2/3rds vote in regard to the Coe Park Ordinance.
On a motion by Councilor Dalla Valle, seconded by Councilor Slaiby, the Council voted unanimously to add the item to the agenda.
REJECT COE PARK ORDINANCE #1310
Councilor Dalla Valle made a motion to reject the Coe Park Ordinance as proposed during a public hearing held on May 21, 2007. Councilor Soliani seconded the motion.
Councilor Dalla Valle indicated that he met with members of the Coe Park Subcommittee and the Parks and Recreation Commission whereby they agreed to allow frisbees. (No organized frisbee games, footballs or baseballs will be allowed in Coe Park). Signs will be allowed on the day of an event if they are uniform and meet certain size requirements.
Councilor Dalla Valle explained that the rejection of the proposed ordinance will keep the current ordinance concerning Coe Park in place, and the Coe Park Subcommittee will list their own set of rules through the Parks & Recreation Commission, which will carry as much weight as an ordinance. Additionally it will save the city money by not having to publish the ordinance in the newspaper and include it in the Charter. The Coe Park Subcommittee and Parks & Recreation are willing to police their own rules and they will furnish the city with two sign stanchions. Councilor Dalla Valle’s recommendation would be to place one in front of City Hall and the other at the Armory. If someone wants to use the signs to advertise their upcoming event, they will be charged the cost of changing the
sign.
Councilor Waldron suggested placing another sign at the Route 8 exit on East Main Street.
Mayor Ryan indicated that they might be able to include the Route 8 exit location in a grant the city has applied for under the Gateway Project.
VOTE TO REJECT THE COE PARK ORDINANCE
The Council voted unanimously to reject the Coe Park Ordinance as proposed during a public hearing held on May 21, 2007.
Councilor Jerram wished the Forbes Flyers well as they leave for Florida to compete in a national tournament.
Councilor Soliani stated that no recognition was given to Torrington Middle School students who won eight out of ten top awards in an Invention Convention.
It was suggested that they be invited to the next Council meeting in order to properly recognize them.
Councilor McKenna asked if we could get the school system to notify the Mayor’s Office when things such as this occurs.
Mayor Bingham noted that the High School does a fantastic job with press releases, etc. He’ll see what he can do about having them notify the city when great things occur.
Mayor Bingham informed the board that Mr. Nocera, his Administrative Assistant, will be on call, and Councilor Dalla Valle will be Acting Mayor for any emergencies while he is away on vacation.
ADJOURNMENT #1700
On the motion by Councilor McKenna, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:18 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
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