MINUTES
CITY COUNCIL & WPC AUTHORITY
AUGUST 6, 2007
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, August 6, 2007 in the Council Chambers.
Those in attendance included Mayor Ryan J. Bingham, City Councilors Thomas C. Jerram (arrived at 6:35 p.m.), Rick E. Dalla Valle, Andrew J. Slaiby, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Public Works Director Gerald Rollett, City Engineer Edward Fabbri, Purchasing Agent Shirley King, Fleet Supervisor Michael Michaud, WPC Administrator Raymond Drew, Police Chief Robert Milano, and Traffic Officer Robert Shopey. Councilor James F. McKenna was absent.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES #020
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to accept the minutes of the regular meeting held July 16, 2007.
OPEN TO THE PUBLIC #025
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to open the meeting to the public. There was no public participation.
EXECUTIVE SESSION: PENDING LITIGATION #035
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to go into an executive session under Pending Litigation at 6:33 p.m., and invited Attorney Frank Szilagyi and Police Chief Milano to attend.
Councilor Jerram arrived at 6:35 p.m. and went directly into an executive session.
OPEN SESSION #050
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to reconvene into an open session at 7:14 p.m.
ADD TO AGENDA # 070
On a motion by Councilor Soliani, seconded by Councilor Slaiby, the Council voted unanimously to add an item to the agenda by 2/3rds vote in regard to the settlement of a lawsuit.
WENDELL HUNTE VS KERWIN ANDERS #060
Councilor Soliani made a motion to settle a lawsuit against the city (Wendell Hunte vs. Kerwin Anders et. al.) in the amount of $50,000.00. Councilor Slaiby seconded the motion. Unanimous.
LIQUIDATE BURRVILLE TREATMENT PLANT #125
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, a discussion took place in regard to the WPC Administrator’s request to liquidate City of Torrington property shown in Assessor’s records as List #90103, M/B/L 243/007/001 known as “Burrville Wastewater Treatment Plant” located on Greenwoods Road.
WPC Administrator Raymond Drew informed the Council that the property was built in 1969 as an advanced wastewater treatment facility, and, except for the maintenance of the security fencing along the property, it was basically abandoned in 1979 when the Harris Drive pumping station was installed. The access is currently over two right-of-ways, and there’s an issue at the booster pump station. The plant hasn’t been used by the city for twenty years. It’s in a remote location, and all the equipment has been removed from the facility. The plant was slated for demolition in the Facility Study of 2004.
Mr. Drew reported that AVI International, Inc. has shown interest in the property for a test facility and they are willing to pay $5,000.00 for it. The question before the Council is whether they want to proceed with the liquidation of this property or if there might be other potential uses for it. The WPCA has no use for the facility.
Councilor Dalla Valle said AVI’s offer of $5,000.00 was ridiculously low for a piece of land that has an assessed value of $63,800.00 and a total assessed value of $120,400.00. The city could demolish the building and sell the land.
Mr. Drew said the estimated cost for demolishing the building is $325,000.00.
Councilor Jerram asked how the pump station relates in proximity to the Sue Grossman Still River Greenway.
Mr. Drew indicated that it was directly adjacent to it.
Councilor Jerram didn’t think they should eliminate the option to sell the property. However, they should look at how it could enhance the Greenway project and perhaps a real estate appraiser should be hired to get a feel of what the property might be worth.
Mr. Drew said his request specifically related to whether or not the city wanted to liquidate the property. The letter from AVI was merely added to his packet of information to show the Council that someone had an interest in it.
Councilor Dalla Valle said he would prefer giving the property to the Still River Greenway rather than sell it for $5,000.00. He would be in favor of liquidating the property whether it is to Still River Greenway for nothing or at the right price to someone else.
VOTE TO LIQUIDATE TREATMENT PLANT: #410
On the previous motion, the Council voted unanimously to liquidate City of Torrington property shown in Assessor’s records as List #90103, M/B/L 243/007/001 known as “Burrville Wastewater Treatment Plant” located on Greenwoods Road.
REMOVE OIL TANK #425
On a motion by Councilor Jerram, seconded by Councilor Waldron, a discussion took place in regard to the Board of Public Safety’s recommendation to authorize the use of $4,650.00 from Contingency to remove an oil tank from the City Hall municipal parking area.
Councilor Dalla Valle asked if the tank had been pressure tested to show that it is not leaking because it would be more costly to remove if it contaminated the ground.
Officer Shopey indicated they don’t know the size of the tank, and that it appears as though it is still holding about six inches of oil. He noted the possibility that a hole may exist six inches from the bottom, but no one knows for certain. The only thing they’ve done to date is establish that it is on city property. The Fire Marshal’s recommendation is to have the purchasing agent get prices from companies to remove it, and to refill and repave the area in order to eliminate any future problems.
Officer Shopey said he spoke with the Fire Marshal about waiting until the next budget season to remove the tank and his recommendation was that it be removed as soon as possible to eliminate liability issues and future contamination problems. By waiting, we take a chance of having to follow new laws in regard to tank removals. At this time, the state is cooperative and fairly easy to work with, in terms of tank removals, and it was his belief that the price was fair.
Councilor Soliani asked when the tank was discovered.
Officer Shopey said it was discovered approximately two months ago, after the budget was set. The Comptroller’s recommendation is to use funds from Contingency as opposed to funds from the Capital Expenditure Plan for parking lots because they are targeted for upgrades.
Chief Milano expressed his concern that the tank may have been in use as far back as the late fifties, early sixties.
Mayor Bingham said the city needs to take care of it, now that we know the tank exists.
Councilor Soliani agreed that it should be removed, but preferred using funds from the capital budget instead of the contingency fund.
VOTE ON OIL TANK #610
On the previous motion the Council voted to authorize the use of $4,650.00 from Contingency to remove an oil tank from the City Hall municipal parking area, and referred the matter to the Board of Finance. Councilors Soliani and Slaiby opposed.
BID: LICENSED ARBORIST SERVICES #615
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the recommendation from the Purchasing Agent to award the bid entitled “Licensed Arborist Services” to the low bidder, Entire Tree Service, LLC of Winsted, CT, with or without delivery of wood to Christmas Village. (Tabled on 7/16/2007.)
AMENDED MOTION: LICENSED ARBORIST SERVICES #640
Councilor Jerram amended his motion to accept the recommendation from the Purchasing Agent to award the bid entitled “Licensed Arborist Services” to the low bidder, Entire Tree Service, LLC of Winsted, CT, WITH DELIVERY of the wood to Christmas Village. Councilor Dalla Valle amended his second. Unanimous.
Mr. Lavoie’s recommendation was to award the bid with delivery.
BID: TWO PLOW TRUCKS #700
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to accept the recommendation from the Purchasing Agent and the Fleet Manager to award the bid entitled “Two Plow Trucks” to the low bidder, Marola Motor Sales for a total of $244,400.00. (Tabled on 7/16/2007.)
Fleet Manager Mike Michaud said he will mail spread sheets on CD’s in regard to vehicle replacement to each Council member.
BID: THREE LAROCHELLE SNOW PLOWS #825
On a motion by Councilor Jerram, 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 “Three Larochelle Snow Plows” to the solo bidder, Big Sons Equipment Services of Hartford, CT for a total of $24,450.00. (Tabled on 7/16/2007).
BID: ATHLETIC & RECREATIONAL EQUIPMENT & SUPPLIES #840
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to waive the bid process and accept the State Bid for Purchase, Repair, and Reconditioning of Athletic and Recreational Equipment and Supplies (Not including Playground Equipment) for fiscal year 2007-08.
BID: CHAIN LINK FENCE #890
Councilor Dalla Valle made a motion to waive the bid process and accept the State Bid for Chain-link Fence Replacement and/or Installation, complete in place, for various locations throughout the (state) “CITY” for fiscal year 2007-08. Councilor Waldron seconded the motion. Unanimous.
MILONE & MACBROOM #940
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to retain Milone & MacBroom from the Request for Qualification for Inspection Services for the Sue Grossman Still River Greenway project, contingent upon approval of CT D.O.T. and to award a construction contract.
RJB CONTRACTING #955
On a motion by Councilor Soliani, seconded by Councilor Dalla Valle, the Council voted unanimously to authorize the payment of $172,434.26 from Acct. #0279.5910.0000 to RJB Contracting, Inc. for work performed on the Neighborhood Sidewalk & Pedestrian Safety Improvements. The funds will be reimbursed from a Small Cities grant.
RESOLUTION: DECD FUNDS - WILLOW GARDENS #970
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to adopt a Resolution for DECD funds in the amount of $700,000.00 from Small Cities in regard to the Housing Authority / Willow Gardens project.
CERTIFIED RESOLUTION
OF THE CITY OF TORRINGTON
SMALL CITIES PROGRAM
Certified a true copy of a resolution adopted by the City of Torrington at a meting of its City Council on August 6, 2007, and which has not been rescinded or modified in any way whatsoever.
August 7, 2007
Date Clerk, Joseph L. Quartiero, CMC
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 $700,000.00 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 $700,000.00 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.
RESOLUTION: SUMMER YOUTH EMPLOYMENT PROGRAM #980
On a motion by Councilor Soliani, seconded by Councilor Dalla Valle, the Council voted unanimously to adopt a Resolution and execute a contract in the amount of $72,469.98 to conduct a Summer Youth Employment Program for a period beginning July 1, 2007 and ending on August 31, 2007.
RESOLUTION:
I, Joseph L. Quartiero, certify that I am the Secretary of the City of Torrington/Board of Councilmen as contractor herein, that Ryan J. Bingham, who signed this contract on behalf of the contractor was then Mayor, City of Torrington of said City of Torrington of said City of Torrington/Board of Councilmen by authority of its governing body and is within the scope of its corporate powers.
Signature of certifying officer: Joseph L. Quartiero
SMALL CITIES: L. WAGNER & ASSOC. #1030
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $5,625.00 from Small Cities Fund #279 to L. Wagner & Assoc. for professional services rendered from April 1, 2007 through June 30, 2007 in regard to the Neighborhood Sidewalks & Pedestrian Safety Project. The payment to be made upon receipt of Drawdown #4.
SMALL CITIES: L. WAGNER & ASSOC. # 1035
On a motion by Councilor Jerram, seconded by Councilor Slaiby, the Council voted unanimously to authorize the payment of $6,272.50 from Small Cities Fund #250 to L. Wagner & Assoc. for professional services rendered from April 1, 2007 through June 30, 2007 in regard to the town’s Housing Rehabilitation Program.
SMALL CITIES: INQUIRING NEWS #1045
On a motion by Councilor Waldron, seconded by Councilor Slaiby, the Council voted unanimously to authorize the payment of $397.80 from Small Cities Fund #250 to Inquiring News for an Invitation to Bid Ad in regard to Project #143-230.
TORRINGFORD SCHOOL INVOICES #1055
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to authorize the following payments from the Torringford School Building Fund #314:
O & G Industries Invoice Appl. #32 Prof. Services $87,581.86
TPC Associates Invoice 136578 Relay Module $ 765.02
Mayor Bingham will ask the Chairman for a report on what remains outstanding and will pass it onto Councilor Dalla Valle.
BUILDING DEPT. REPORT #1080
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to accept the Building Department Report for June 2007.
NAME O & G AS CONSTRUCTION MGR. #1090
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted
unanimously to accept the recommendation from the Municipal Renovations
Committee to name O & G Industries as the Construction Manager for City Hall
renovations.
Mike Clark, Chairman of the Municipal Renovations Committee and William Hill, member of the committee, spoke on behalf of the project. (Councilors Soliani and Jerram are also members of the Committee.)
Mr. Clark indicated that O & G Industries approached the committee with a very positive attitude and very well prepared. They were familiar with MRC’s mission statement, understood the requirements of the project, and had a practical approach to questions brought forth by committee members. They have a strong concern for the project budget and how the project should be brought to a referendum. They have a tremendous team spirit as far as their willingness to accept part of the responsibility in bringing the project to a successful referendum. They are the most likely firm to help the employment situation locally.
Mr. Hill felt O & G Industries was the most qualified company to do the work.
Councilor Jerram, an MRC member, pointed out how O & G Industries teamed up with Friar Associates for a successful Torringford School project that was not only completed on time, but came in under budget. It was his belief that utilizing the same team on this project will bring the same kind of success.
Councilor Dalla Valle indicated that Torringford School was the first project that O & G committed to complete responsibility as opposed to placing the responsibility on sub contractors, and asked if this wording was included in the agreement to hire O & G as project manager. He felt this wording was very important to the city.
Mayor Bingham said they will make certain the clarification is included and addressed in O & G’s contract.
Mr. Clark said that issue was discussed and he thought it was almost an assumption on their part that the contract would be worded in that manner.
EXPLANATORY TEXT #1310
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to authorize the City Clerk to prepare a concise explanatory text and additional explanatory material regarding the municipal building renovation, such texts and explanatory material to be subject to the approval of the Corporation Counsel and to be prepared and distributed in accordance with Section 9-369b of the Connecticut General Statutes.
Mr. Clark indicated that this is a way the MRC can begin to get word out to the public on what this project is all about. The committee examined the factors that may have influenced the failure of the last referendum. People didn’t know what was going on because no money was allocated to get materials to the public, and steps were not taken to create an explanatory text.
The committee will have until the middle of October to prepare for the referendum they hope to have in mid December. Because the explanatory text takes a lot of interaction with the Council and other departments within City Hall, they need to start early. He noted that the committee is fully aware of the Ct. State Statutes as to what they can and cannot do in creating an explanatory text. Once the explanatory text is created, it will come before the Council to receive final approval. He also noted that he will request money at some point in time with a detailed explanation of what it will be used for. They intend to create hand outs, and have members of the committee make presentations wherever they can to inform the public of what is entailed in solving the compliance requirements by ADA,
OSHA, etc.
Councilor Dalla Valle inquired about the $20,000.00 the Council already allocated to the committee.
Mr. Rollett indicated that the $20,000.00 in the City Hall budget was allocated for electrical services.
SMALL CITIES’ RECOMMENDATIONS #1540
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to discuss possible recommendations from the Small Cities Sub Committee.
Committee Chairman Waldron said there were no recommendations at this time.
REOPEN TO PUBLIC #1570
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to reopen the meeting to the public for “Agenda Items” only.
Clifford Burrell, President of AVI International, Inc. spoke in regard to the liquidation of the Sewer Treatment Plant. He explained that his company will build pumps that pump in excess of 15,000 gallons a minute, and that they were looking to expand the building. Most of their energy at the time is being used to purchase lathes and hire good people. After being in the building for five years, he heard the treatment plant adjacent to his building might be available. He stated that his company deeded a right of way to the Sue Grossman Still River Greenway, that AVI is committed to the city, and that they expect to grow here and possibly hire people if they are able to purchase the treatment plant. He hoped the Council would consider him as part of the Torrington family and they
shouldn’t consider his $5,000.00 offer to be a slap in the face. He’s hoping the energy between the town and AVI can make a building that’s been empty for years viable again, and in the big picture perhaps save the town a lot of money. They are more interested in the tanks than the building itself which has thick concrete walls and is in excess of 25 feet tall.
As a commercial real estate appraiser by trade, Councilor Jerram said they consider the test of reasonableness. Would $5,000.00 sound reasonable if someone saw that transfer out in the open marketplace? If the building has no value to the general marketplace, does the cost of demolition bring the value of the property down to where it might be in the range of AVI’s offer? As stewards of the city, the Council needs more information of this type.
Mr. Burrell said he wasn’t trying to slip something through.
Councilor Soliani said she thought the city would be more than willing to work with Mr. Burrell once the fair value of the property is established.
BUS: DEPT. HEADS #1830
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by Department Heads.
City Clerk Joseph L. Quartiero informed the Council that the E-Code will be posted on our web site within two to three weeks, and the city will receive a CD on the PC Codebook with the next supplement. The public will then be able to log onto General Code and pull up anything they want to know about the City’s Charter and Ordinances.
BUS: MAYOR & MEMBERS #1940
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Dalla Valle noted that the events held in town over the weekend were overwhelming and commended everyone who worked on them.
Councilor Jerram noted that the concerts in Coe Park are being well attended and commended the Parks & Recreation Department.
Mayor Bingham pointed out that the final concert will be held in front of City Hall to culminate the wonderful events that have taken place this summer.
Councilor Waldron requested an update on street lights from City Engineer Edward Fabbri and the scheduling of a Street Light SubCommittee meeting.
Mayor Bingham informed the Council that Heritage Day will take place on August 25th at Coe Memorial Park, from 10:00 a.m. to 5:00 p.m. He noted that it will include the Cultural, the Business, and the Historical Heritage, as well as the Ethnic Heritage.
Councilor Dalla Valle suggested including the Boy Scouts as a Heritage of the city.
ADJOURNMENT #2160
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to adjourn at 8:12 p.m.
ATTEST: JOSEPH L. QUARTIERO
CITY CLERK
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