MINUTES
CITY COUNCIL & WPC AUTHORITY
APRIL 7, 2008
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, April 7, 2008 in the Council Chambers.
Those in attendance included Mayor Ryan J. Bingham, City Councilors Rick E. Dalla Valle, Elinor Carbone, Thomas C. Jerram, Marie P. Soliani, and Drake L. Waldron, Corp. Counsel Ernestine Yuille Weaver, Comptroller Alice Proulx, Public Works Director Gerald Rollett, Director of Elderly Services Nancy Hodkoski, Purchasing Agent Pennie Zucco, WPC Administrator Raymond Drew, and the city’s consultant to Small Cities Lawrence Wagner. Councilman Michael Colangelo was absent.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES #025
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to accept the minutes of the regular meeting held March 17, 2008.
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council, with the exception of Councilors Dalla Valle and Jerram who abstained, voted to accept the minutes of the special meeting held March 24, 2008 on budgets.
OPEN TO THE PUBLIC #035
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.
RECOMMENDATIONS FROM THE SMALL CITIES COMMITTEE:
1) PROGRAM INCOME PLAN
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to accept the Program Income Plan.
Larry Wagner, Small Cities consultant, indicated the state now requires communities to have a Program Income Plan so they can decide how to use or reuse their program income. Program Income is income that comes back to the program that is generated when the city makes a loan for housing rehabilitation, or a small business loan. Normally the income has to be used for the same activity for which it was generated. In the past the city has made a loan to the Riverside School Co-op, FISH, and Susan B. Anthony, and has been successful in generating millions of dollars of these funds. Because Torrington is in the $500,000.00 range, the state wants us to develop a plan on how the income will be reallocated and they’ve decided that anything over $50,000.00 could be recaptured by them if we
don’t have a plan to use it.
2) 2008 SMALL CITIES’ PROJECT APPLICATIONS.
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to amend/reallocate Program Income for City Hall ADA Improvements.
Mr. Wagner indicated that the Public Hearing for Small Cities’ Applications and potential needs was held two weeks ago. Should the Council decide to submit an application for ADA Improvements to City Hall for part of that project up to the maximum of $750,000.00, they would vote to certify the Resolution for that project.
3) AMEND/REALLOCATE PROGRAM INCOME FOR CITY HALL ADA IMPROVEMENTS
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to amend/reallocate Program Income for City Hall ADA Improvements.
Mr. Wagner stated this is part of the Program Income Plan where the city said it would continue to use its housing rehabilitation funds for housing rehab, and continue to allocate money from business loans to other business loans, etc,. He noted that it was broken into two categories so our safe harbor would essentially be bigger, and we proposed to reallocate the $120,000.00 from Riverside as part of the Program Income Plan to supplement the ADA application. The city will be using $120,000.00 from loan repayments and $750,000.00 toward the ADA Project at City Hall.
Councilor Jerram asked if the city would not have to apply for the $120,000.00 because that money is already in our account from previous projects.
Mr. Wagner said he was correct; however, a public notice stating that the funds will be reallocated into the ADA Improvements for City Hall will need to be published. If there is no negative public comment, it will be sent to DECD and the application can be approved within six weeks’ time. The new application probably won’t be ready until late summer or early fall.
4) ADOPT A RESOLUTION: APPLICATION FOR $750,000.00 FOR ADA IMPROVEMENTS TO CITY HALL
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adopt a Resolution pursuant to Chapter 127c and Part VI of Chapter 130 of the CGS for the CT DECD to extend financial assistance in regard to Torrington’s application to the state for $750,000.00 in order to undertake the ADA to City Hall. (Please see Resolution attached to the back of the official minutes.)
5) LOAN REQUEST FROM CAMBRIDGE HOUSE, LLC
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to approve the Small Cities’ loan request from Cambridge House, LLC.
Councilor Dalla Valle asked how they could make a determination in regard to income eligible households prior to the opening of the business and inquired about the extra information provided to the Small Cities Committee that made them decide it was okay. He also asked how they were able to monitor 51% of the employees being eligible.
Mr. Wagner indicated that they asked for an updated loan commitment from
the private lender, which had expired a couple days before the loan committee meeting, and they wanted more detailed “sources and uses” of funds.
Mr. Wagner said the loan will be made based on his legal agreement and security that he’ll have on the property, equipment, etc. If he doesn’t follow through, he’ll be in default. Mr. Wagner thought it might be difficult to collect; however, the business owner needs the loan funds to do the project before he can open up and hire people. It’s a catch 22, and is not uncommon for these loans. Mr. Wagner said they have to interview the employees and review their income and tax returns to make sure they meet the low income requirement.
Councilor Dalla Valle asked Mr. Wagner if he kept records of those individuals within the application packet.
Mr. Wagner said they do keep records and have to go back for the next two years to update the information because it’s not the person, it’s the position (at least 51% of the entire staff) which has to be held by someone in low to moderate income. They get spot checked periodically. If a business says they’ll hire 20 employees, then 11, or 51%, will have to come from low to moderate income households. The state allows half time equivalence, two to be equal to one full time, it’s the position that counts. Once the business owner says 20, and they verify that 11 full time equivalent positions are held by low to moderate income households, they could hire another 100 people and it wouldn’t matter. They’re only dealing with the 20 that met the obligations in the
initial contract.
To get the $75,000.00 loan, the state would only require three jobs to meet their requirement, because they require no more than $75,000.00 per job.
Councilor Carbone inquired whether it was an actual mortgage, because they don’t actually own the property.
Mr. Wagner said they will have UCC Chattel mortgages, UCC warrants on the property, and they’ll take mortgages on the personal real estate.
Councilor Carbone indicated that Mr. Wagner stated that it would also be secured by their personal residence.
Mr. Wagner confirmed that.
BUS: SECTION B #330
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to consider business in Section B.
SECTION B.
CAMBRIDGE HOUSE BREW PUB: SANITARY SEWER CONN. FEE #340
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the
Council acting as the Water Pollution Control Authority, voted unanimously to approve a payment schedule in installments requested by the Warner Theatre for the sanitary sewer connection fee for the proposed Cambridge House Brew Pub, commencing April 15, 2008 at a 5% interest rate. If payment is made in full within one year, there will be no interest charged. Any amount due on April 15, 2009 will be assessed at a 5% interest charge.
Mr. Rollett noted that the maximum allowed by the city for such installments to occur is $10,000.00.
END OF SECTION B.
MERCURY ASSOC. #355
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the expenditure of $2,500.00 from Vehicle Replacement Contingency for services to be provided by Mercury Assoc. to update vehicle replacement funding requirements for fiscal year 2008-09, and referred it to the Board of Finance.
RECOMMENDATIONS: SERVICES FOR THE ELDERLY #365
On a motion by Councilor Jerram, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the following recommendations from the Services for the Elderly Commission:
A. To authorize the Mayor to sign the Torrington Chore Program application for fiscal year October 1, 2008 - September 30, 2009 in the amount of $150,449.00.
B. To authorize the Mayor to sign the Assisted Transportation Program application for fiscal year October 1, 2008 - September 30, 2009 in the amount of $122,257.00.
P & G PEPPER #375
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to authorize the following payments to P & G Pepper Construction Company from Sanitary Sewer Capital Improvement Fund #0490 and referred them to the Board of Finance:
$65,040.80 - Work completed - sanitary sewer repair at Eastwood Road Project.
$5,085.34 - Retainage for work completed - sanitary sewer repair at Crestwood Road Project.
OVERDRAW LINE ITEM #380
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to accept a request from Parks & Recreation to overdraw line item 0040-8888-5400 for a $342.00 purchase of post cards for the Coe Park Subcommittee.
TURF PRODUCTS CORP. #395
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to waive the bid process and accept a recommendation from the Purchasing Agent and the Public Works Director, to authorize the use of $32,581.27 from Vehicle Replacement Contingency, to purchase from Turf Products off the state bid, a Toro Groundsmaster 72" mower for $27,155.27 and a cab for $5,426.00, to be used by the Parks Dept., and refer to the Board of Finance.
CLEANING BID #440
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to accept the Purchasing Agent’s recommendation to award the bid entitled “Cleaning of Street Department, Torrington Armory and Recreation Hall Facilities” to Preferred Building Maintenance, LLC.
FRIAR ASSOC. #450
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to authorize the payment of $107,787.00 from City Hall Renovation Fund #0316 to Friar Assoc. (Payment includes $86,147.00 toward Friar’s Installment #3 and $21,640.00 toward invoices from Martinez, Couch & Assoc.)
RESOLUTION: FARMINGTON RIVER WATERSHED # 455
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to adopt a Resolution entitled “The Farmington River Watershed Conservation Compact.” (See Resolution attached to the official minutes.)
FAIR HOUSING RESOLUTION #475
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.
CITY OF TORRINGTON
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; and
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 non-discriminatory 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.
Adopted by the City of Torrington on April 7, 2008.
FAIR HOUSING POLICY STATEMENT #485
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted unanimously to adopt the City of Torrington’s Fair Housing Policy Statement.
EQUAL OPPORTUNITY STATEMENT #495
On a motion by Councilor Jerram, seconded by Councilor Soliani, the Council voted unanimously to adopt the Title VI Equal Opportunity Statement entitled City of Torrington Compliance with Title VI of the Civil Rights Act of 1964.
SECTION 8-24 REFERRAL: WILLOW STREET #500
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the favorable Section 8-24 recommendation from the Planning & Zoning Commission in regard to the sale of a city owned property on Willow Street, Assessor Map 117-26-25.
Mayor Bingham noted that this was a sliver of land that is no use to the city. There has been previous interest in this piece of land but we are not aware of any interest at this time.
Corporation Counsel Ernestine Yuille Weaver indicated that the city would allow people to submit bids on this piece of property that has a market value of less than $10,000.00.
Councilor Carbone asked if the city would retain a drainage easement over this property, which she had noted from Planning & Zoning minutes.
Mr. Rollett indicated that a drainage structure did exist under the property.
Mr. Jerram stated that any potential bidder would have to appear before the City Council.
SELL POPPIES #605
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to give the local Polish Army Veterans and Lady’s Auxiliary of Post 110 permission to sell poppies within city limits on Thursday, May 1 and Friday, May 2, 2008.
BUILDING DEPT. REPORT #645
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to approve the Building Department Report for March 2008.
APPOINTMENT: BD OF ASSESSMENT APPEALS #650
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to appoint Charlene Antonelli as an Alternate to the Board of Assessment Appeals.
RECOMMENDATIONS: ORDINANCE COMMITTEE #670
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to hear recommendations from the Ordinance Committee.
Councilor Dalla Valle indicated that no recommendations were being made at this time. However, he requested another meeting to be scheduled for April 21 at 6:00 p.m. to discuss amendments to the Itinerant Vendors Ordinance and the creation of a new ordinance that will deal with shopping carts.
Mayor Bingham said it was his goal to see if any grants might be available to the city to purchase small carts for those people who need a cart to haul their groceries.
REOPEN TO PUBLIC #835
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to reopen the meeting to the public for “Agenda” items only. There was none.
BUS: DEPT. HEADS #845
On a motion by Councilor Waldron, seconded by Councilor Jerram, the Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #955
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Dalla Valle reported having testified before the Finance and Bonding Committee on the Resolution that was signed by Mayor Bingham some months ago for a change in the State Statute concerning the Tax Collector. He noted that the item came out of committee with a unanimous vote. He felt there was a good chance it will pass as proposed.
Mayor Bingham noted that the city received a check for $400,000.00 from the Environmental Protection Agenda after applying for three grants in October. These monies will allow us to assess some of the Brownsfield properties in Torrington. One grant is for petroleum-based contaminants and the other is for hazardous waste. Because they don’t have a specific site in mind, they will get all the documentation together and establish an RFP Committee to hire a firm to do all our Brownsfield work. Public hearings and meetings will be held to obtain sites.
Mayor Bingham commended many people who were involved, but especially thanked Economic Development Coordinator Rose Ponte, and his Admin. Assistant Steve Nocera for doing most of the work to obtain the grants.
ADJOURNMENT #1005
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:03 p.m.
JOSEPH L. QUARTIERO, CMC
CITY CLERK
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