MINUTES
CITY COUNCIL & WPC AUTHORITY
MAY 19, 2008
A REGULAR MEETING of the City Council & WPC Authority was held on Monday, May 19, 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, Purchasing Agent Pennie Zucco, and WPC Administrator Raymond Drew. Absent was Councilor Michael Colangelo.
Mayor Bingham called the meeting to order at 6:40 p.m., immediately following a meeting of the Board of Trustees of the City Employees’ Retirement Fund scheduled for 6:30 p.m.
MINUTES #065
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council, with the exception of Councilor Dalla Valle who abstained, voted
to accept the minutes of the regular meeting held May 5, 2008.
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to accept the minutes of the Public Hearing held May 13, 2008 on the City Budget.
OPEN TO THE PUBLIC #080
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the Council voted unanimously to open the meeting to the public.
Joseph Middleton, 70 Gate Post Lane, who is on this agenda for a sanitary sewer connection fee, stated that he had another issue he wanted to discuss. He stated that he never received a ruling by the Tax Assessors’ Board of Appeals on the classification of his house.
Mayor Bingham said he was aware that his assistant, Stephen Nocera, had spoken with the Chairman of the Board of Assessment Appeals and would call Mr. Middleton in the morning to let him know where it stands.
Councilor Dalla Valle said it was his belief that the answer will have a bearing on his appeal.
WPC Administrator Raymond Drew said it will have a bearing on his outstanding sewer use fee for 2 ½ years for a total of $416.00. The city has been holding off on a Certificate of Correction to bill the Middletons for that amount in anticipation of the results of their appeal.
Mayor Bingham stated in the morning they should have some direction as to where the matter is going, but it has no bearing on the next item on the agenda (to hear his appeal).
HEAR APPEAL: MR & MRS. MIDDLETON #165
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to hear the appeal from Joseph and Lori Middleton’s request for waiver of the Sanitary Sewer Connection Fee in the amount of $2,500.00 for an accessory apartment on property located at 70 Gate Post Lane. (Tabled on 5/5/08)
Mr. Drew explained that this item was tabled on the May 5th meeting because the city received notification from Planning & Zoning and the Tax Assessor’s Office that an accessory apartment had been constructed over a three bay garage at 70 Gate Post Lane. Based on that information and the information on the sewer permit, the builder took out a sewer permit for one dwelling unit and none for the accessory apartment. Consequently notification was sent to the Middleton’s stating that they owed the WPCA a $2,500.00 sewer connection fee and they appealed it. In the meantime, Mr. Drew researched the matter, talked to the builder, looked at the drawings and determined that the home was built as a spec home, as requested by the Middleton’s, except that they did not own the home at
the time it was built. It was under the ownership of Grace Homes, LLC. In Mr. Drew’s opinion, Grace Homes should have paid the $2,500.00 connection fee for the accessory apartment. The city has never gone after a current owner for fees incurred by a previous owner. Mr. Drew sent the Middleton’s a letter stating that it would be his recommendation that they are not liable for the fee. Obviously, the Council, acting as the WPCA, makes the final determination.
Councilor Soliani asked if the city could go after the builder to get the fee.
Mr. Drew indicated that the city could attempt to do that.
Mr. Drew added that the Middleton’s took ownership of the property on 12/22/05 and it was his opinion that they still owed the sewer use fee for that period of time.
Councilor Dalla Valle inquired if the property at 10 Highland Avenue was similar to this situation.
Mr. Drew said “Except that that owner (of 10 Highland Avenue) was fully aware of the connection fee that was due at the time he purchased the home....They were due from the previous owner....He was fully aware that those connection fee was in limbo at the time....He was notified prior to taking ownership of that property.”
Councilor Dalla Valle said “So if you don’t get the money from the builder, are you still going to go after the Middleton’s, because you’re saying that you’re not asking us to waive....sentence unfinished.”
Mr. Drew said that would be the Council’s (WPCA’s) decision, although he would not recommend doing so.
Mr. Rollett added that the city has an internal communication problem between two different departments which has to be resolved. Neither the Middleton’s nor the original builder was aware that the fee needed to be put in place until after the house was sold, due to a departmental communication problem. It’s totally different from the Highland Avenue property where it was on record and they were aware that the fee was to be charged. No one was aware of the fee on the Middleton property because the city wasn’t aware of the way it was classified.
Councilor Dalla Valle said “For the first time, you’re saying that we shouldn’t penalize the new owners.”
Mr. Rollett said the city should follow the path that it has followed in the past, where it doesn’t go after current owners over something that the prior owner was responsible for. This matter became even more complicated because the prior owner wasn’t aware of that responsibility based on the interdepartmental communication problem. They are currently working on resolving that problem.
Councilor Jerram noted that similar cases coming before the Council (WPCA) were mostly income producing investment properties. He asked if this was an in-law apartment over the garage.
Mr. Middleton said that was the contention of the town, but not his. It’s a shared living space with an extra bedroom and bathroom, and currently he has guests (his parents) staying there, but it was not built to be solely an in-law apartment.
Councilor Jerram said he didn’t think that would be permitted in an R10 Zone, which he believed it to be.
Mr. Middleton said it’s an R15 zone and it was not a two family. There’s no separate access to the space. You cannot get into this space unless you come into the main house and walk up to it. It was meant to be his office and a bonus living room. It has a little kitchenette, which was more of a convenience for him, but it wasn’t built to be an income generating property. It has common utilities, and there is nothing separate about the space.
Mr. Rollett said they follow the records based on what the Assessor gives them for billing.
Mr. Drew said they changed it from a one occupancy to two dwellings. They look at accessary apartments as independent dwelling units if they have completely independent facilities like heating, cooking, sleeping, and living.
Mr. Rollett indicated that’s not the WPCA’s call however, it follows the Assessor’s call.
Councilor Dalla Valle stated that the agenda is asking the Council (WPCA) to deny the appeal.
Mr. Drew said they asked the Middleton’s to pull these two items from the agenda because they felt the issue had been resolved and they were comfortable with the resolution; however, because they did not yet receive Mr. Drew’s certified letter, the Middleton’s decided to keep it on the agenda.
Mayor Bingham said they could finish hearing the appeal and table #9 (to deny the appeal) until the city gets a formal request from the Middleton’s to pull the appeal and then deal with the assessment issue.
Mr. Drew said the Council would then be tabling a request to waive the connection fee and he wasn’t certain that’s what was in front of them at this time unless they disagreed with the recommendation that the Middleton’s are not liable. If they waive the connection fee, then they’re saying the Middleton’s are liable for the fee, except that they’re just waiving it.
Mr. Rollett said that’s not what they are asking for.
Mr. Drew asked the Council how they normally act on an agenda item that shouldn’t have been on the agenda.
Mayor Bingham said “If we table it and then they request to pull the waiver, then it goes off the agenda for the next meeting.”
Mr. Middleton thanked Mayor Bingham and the Council for agreeing with him that he didn’t owe the fee, since this was an assessment which changed only after he moved in.
Councilor Dalla Valle stated that something should be on record that says the city will not go back after the Middletons if the city doesn’t get the fee from the builder.
Mayor Bingham said Councilor Dalla Valle’s statement was on record. Mr. Drew could draft a formal letter on what was voted on and send it certified mail to the Middletons and cc the Council.
Corporation Counsel stated that the Council should also table #8, which is to hear the appeal.
Councilor Dalla Valle made a motion to table hearing the appeal from Joseph and Lori Middleton’s request for waiver of the Sanitary Sewer Connection Fee in the amount of $2,500.00 for an accessory apartment on property located at 70 Gate Post Lane.
Councilor Jerram felt there was no need to table #8, which was merely to hear the appeal.
Councilor Dalla Valle withdrew his motion to table.
WAIVER OF SANITARY SEWER CONNECTION FEE #510
On a motion by Councilor Carbone, seconded by Councilor Dalla Valle, the Council, acting as the Water Pollution Control Authority, voted unanimously
to table the denial of the appeal for waiver of the Sanitary Sewer Connection Fee in the amount of $2,500.00 for an accessory apartment on property located at 70 Gate Post Lane. (Tabled on 5/5/08)
ALLEN ROAD SANITARY SEWER EXTENSION #520
On a motion by Councilor Jerram, seconded by Councilor Waldron, the City Council, acting herein as the Water Pollution Control Authority, voted unanimously to accept the Allen Road Sanitary Sewer Extension. Said sewer extension shall become part of the City of Torrington’s Public Sewer System beginning at a point at the intersection of Allen Road and Westledge Terrace and continuing in a northwesterly direction approximately 690 feet as detailed on map entitled “Plan & Profile Proposed Sanitary Sewer Extension Allen Road, Torrington” dated 2/7/2007.
Mr. Drew stated that the sewer, which was installed by the developers, has been completed and tested and all the infrastructure for the sewer has been tested and is acceptable to the city. Should the WPCA vote to accept the sewer, it will become part of the public sewer system under the operation and maintenance of the WPCA.
NEIDT ROAD & EAST HILL ROAD SANITARY SEWER EXTENSION #555
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the City Council, acting herein as the Water Pollution Control Authority, voted unanimously to accept the Neidt Road & East Hill Road Sanitary Sewer Extension. Said sewer extension shall become part of the City of Torrington’s Public Sewer System beginning at a point at the intersection of Neidt Road and Sunrise Drive continuing southwesterly to the intersection of Neidt Road and East Hill Road and continuing in a northwesterly direction approximately 730 feet in total length as detailed on map entitled “Plan & Profile Proposed Sanitary Sewer Extension Neidt Road & East Hill Road, Torrington” dated 5/11/2007 and revised 9/10/2007, 11/5/2007.
Mr. Drew stated that the sewer extension has been constructed and there’s a signed Developer’s Agreement in place with Mrs. Lawson of 54 East Hill Road. The sewer is constructed and has been tested, the infrastructure is sound and he is comfortable in accepting responsibility for the operation and maintenance of that sewer.
RESOLUTION: SMALL CITIES BLOCK GRANT PROGRAM #590
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the Council voted unanimously to adopt a Resolution under the Small Cities Block Grant Program to amend the Program Income Plan and re-allocate approximately $120,000.00 for ADA Improvements to City Hall.
RESOLUTION FOR THE USE OF PROGRAM INCOME
Certified a true copy of a resolution adopted by the City of Torrington at a meeting of its City Council on May 19, 2008, and which has not been rescinded or modified in any way whatsoever.
WHEREAS, the City of Torrington has received funds under the Small Cities Block Grant (CDBG) Program, administered by the State of Connecticut, Department of Economic and Community Development pursuant to Title I of the Housing and Community Development Act of 1974 as amended; and
WHEREAS, the City of Torrington has expended those funds pursuant to Title I of the Housing and Community Development Act of 1974, the Code of Federal Regulations and the Assistance Agreement and,
WHEREAS, those funds received by the City of Torrington have generated Program Income.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. That it is cognizant of the conditions for the use of Program Income as prescribed by Title 24, Part 570, Section 489(e) and (f) of the Code of Federal Regulations.
2. That it realizes Program Income is governed by Title I of the Housing and Community Development Act of 1974.
3. That it may use Program Income only for the following activities:
A. The activity that generated the program income if the activity continues to meet the requirements of Title I of the Housing and Community Development Act of 1974.
B. Any additional activity that meets the requirements of Title I of the Housing and Community Development Act if the Town receives DECD’s written approval to fund it with Program Income.
4. That it may use Program Income to fund Administrative and Program soft costs within the following limits:
Administrative Costs 16%
Total Administrative and Program Soft Costs 25%
(Housing Rehabilitation Activities ONLY)
Total Administrative and Program Soft Cost 21%
(All Activities EXCEPT for Housing Rehabilitation)
5. That it is hereby amending the Program Income Plan(s) that was adopted for the original activity that generated the Program Income to permit the funding of additional activities from that Program Income.
6. That the Program Income Reuse Plan be hereby amended to allocate approximately $120,000.00 for ADA Improvements to City Hall as part of its overall renovation program for that building. That further, these funds be provided for the city’s use subject to the usual and customary terms and conditions of the Small Cities Block Grant Program.
PURCHASE CROWN VICTORIAS AND EXPEDITIONS #595
On a motion by Councilor Dalla Valle, seconded by Councilor Jerram, the Council voted unanimously to accept the recommendations from the Purchasing Agent and the Fleet Manager to waive the bid process and purchase seven (7) Police Crown Victorias and two (2) Ford Expeditions from M-H-Q, contingent upon the Board of Safety’s approval.
Councilor Dalla Valle noted that this wasn’t the best time to purchase Expeditions and thought it would be wise for the city to start investing in hybrid vehicles as we approach the $5.00/gallon mark for gas.
FRIAR ASSOCIATES #660
On a motion by Councilor Jerram, seconded by Councilor Carbone, the Council voted unanimously to authorize the payment of $86,147.00 from the Municipal Renovation Fund #0316 to Friar Associates as payment for Installment #4.
SMALL CITIES: L. WAGNER & ASSO. #670
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $4,500.00 from Small Cities Fund #0288 to L. Wagner & Asso. for professional services rendered in regard to the city’s Small Cities Block Grant Program and Environmental Review Record. (To be paid upon receipt of funds from drawdown #1.)
SMALL CITIES: L WAGNER & ASSO. #680
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize the payment of $4,842.50 from Small Cities Fund #0250 to L. Wagner & Asso. for professional services rendered from January 1, 2008 to March 31, 2008 in regard to the Town’s Housing Rehabilitation Program.
UNITED WAY THERMOMETER #685
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Council voted to approve United Way’s request to install their United Way Thermometer in front of City Hall from September 2 to November 14, 2008. Councilor Soliani opposed.
BUILDING DEPT. REPORT #700
On a motion by Councilor Carbone, seconded by Councilor Dalla Valle, the Council voted unanimously to accept the Building Department Report for April 2008.
RECOMMENDATION: SMALL CITIES #710
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to hear recommendations from the Small Cities Sub Committee.
Councilor Waldron indicated that the committee discussed a request to subordinate a Small Cities loan and that further negotiation by Corporation Counsel Weaver will take place.
Councilor Soliani thanked Corporation Counsel Weaver for the report she furnished the Council with regard to what Small Cities has done and what monies the city has benefitted from. She gave credit to Larry Wagner and his staff for being so diligent in choosing the people they lend money to.
PUBLIC HEARING #740
Mayor Bingham called the Public Hearing to order at 7:00 p.m. to discuss setting the sewer use charge for the year beginning July 1, 2008 and ending June 30, 2009 as follows:
For Residential Users: An amount not less than $180.00 and not more than $190.00 per dwelling unit
For All Other Users: An amount not less than $180.00 and not more than $190.00 per 65,000 gallons of volume of flow
Assistant City Clerk, Joline LeBlanc, read the legal notice.
Brigitta Meier, 95 Woodbine Street, said she opposed the increase in sewer use charge because she’s a single person and pays the same amount as a family of 3 or 4 people. She noted that she’s already paying a lot of taxes for schools that she never used and never will and it’s getting too much for her fixed income. She thought the fee could be set according to the amount you use.
Grace Hansen, 154 Albert Street, agreed with Ms. Meier.
Carl Gangloff said he feels badly for anyone on a fixed income when fees and/or taxes increase; however, he thought the sewer use charge was a bargain for people who have the opportunity to hook in and use it. New septic systems cost $20,000.00 and have a maximum 40 year life span, which amounts to about $500.00 a year, plus maintenance. He thought the fee was reasonable compared to other towns. His concern was that he had heard that a portion of the funding for WPCA would come from Public Works and the WPCA was supposed to be wholly funded by its own operation.
Mayor Bingham assured Mr. Gangloff that the WPCA was still self-funding.
Mr. Gangloff also expressed his concern that the city had no provisions in place in the event they had to re-capitalize a new sewer system. The Clean Water Act of the 1960's is no longer available and towns that need an upgrade have to do it at their own expense. He asked the town officials to keep this in mind.
With no further comments, Mayor Bingham closed the Public Hearing at 7:09 p.m.
SET SEWER USE CHARGE #1030
On a motion by Councilor Dalla Valle, seconded by Councilor Carbone, the Board of Councilmen, acting herein as the Water Pollution Control Authority, voted unanimously to set the sewer use charge for the year beginning July 1, 2008 and ending June 30, 2009 as follows:
For Residential Users: $188.00 per dwelling unit
For All Other Users: $188.00 per 65,000 gallons of volume of flow
Councilor Dalla Valle inquired whether the metered water usage was strictly commercial.
Mr. Drew said metered water usage was strictly commercial and it has never pertained to residential properties. Most of them are metered by the Torrington Water Company and the meters are the commercial establishment’s expense.
Mr. Rollett said it would be a nightmare to try to have unit, fixture, or occupancy charges because it could change day to day.
Councilor Jerram inquired whether they had ever done a sample in terms of spot checking with the Water Company on household usage.
Mr. Rollett said yes. He did a study for the City of Torrington nineteen years ago and the flows were based on Torrington Water Company records. Households use about 72,000 gallons per year and he took an 80% use of that which comes out to 65,000 gallons, the average residential use in Torrington. Residential wise, it hasn’t changed much over the years, based on Torrington Water Company records, we’re still pretty much in that ballpark.
Mr. Drew noted that residential properties have huge swings. Some residential properties use in excess of 200,000 gallons a year. The numbers are based on per capita, single family homes of 2.5 people at 70 gallons per day per person.
Mr. Drew explained that this was a unique year because new software was used for billing, not only for real estate and motor vehicles, but also for sewers. The sewer portion has not received significant attention by the software company, so they are behind in coming up with the projected income will be in regard to the sewer use. At the recommendation of Corporation Counsel, a range was created whereby the WPCA could set an amount within that range. Mr. Drew’s recommendation is to set the sewer use charge at $188.00.
Mr. Drew reviewed the WPCA budget with the Authority, and stated that the 2007-08 numbers won’t be finalized until the audit is done in November. If they were to fund the deficit, the capital reserve, and the expenditure budget, the sewer use charge would be about $200.00.
Mr. Rollett indicated that the sewer use charge of $188.00 carries through a small deficit from last year into this year with the same numbers going forward. If they went lower than $188.00, they would run the risk of having the deficit increase. They’re hoping they can decrease the deficit through some savings. The charge should probably be just over $200.00, based on some numbers that they don’t have a lot of confidence in. They have to have a number, and the $188.00 is based on the best information they have.
Mr. Drew said the ordinance states that they must fund any deficit in the successive year, but he didn’t believe the deficit would be to that extent.
Mr. Rollett indicated that Torrington has one of the lowest rates in the State of Connecticut, and is used as a model throughout the state by the DEP in terms of our operation.
Mr. Drew said they are very efficient, but they have projects that need to be completed. Thirty percent (30%) of their budget is debt service. They will be coming in front of the WPCA in the near future for a capital project.
Overall, the expenditure and debt service increase is 1.76% over the last fiscal year.
WPCA BUDGET #1500
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the
Board of Councilmen, acting herein as the Water Pollution Control Authority, voted unanimously to approve the WPCA Budget for the year beginning July 1, 2008 and ending June 30, 2009.
WPCA 5-YEAR CAPITAL IMPROVEMENT #1510
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the
Board of Councilmen, acting herein as the Water Pollution Control Authority, voted unanimously to approve the WPCA Five-Year Capital Improvement Budget/Program for the year beginning July 1, 2008 and ending June 30, 2013.
WPCA TRUCKED WASTE FEE SCHEDULE #1515
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the
Board of Councilmen, acting herein as the Water Pollution Control Authority, voted unanimously to approve the WPCA Trucked Waste Fee Schedule for the year beginning July 1, 2008 and ending June 30, 2009.
OPEN MEETING TO THE PUBLIC #1530
Mayor Bingham asked the Council to allow Grace Hansen to speak, even though the matter she wishes to discuss is not on the agenda.
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the
Council voted unanimously to allow Ms. Hansen to speak and to open the meeting to the public on “agenda items” only.
Grace Hansen, 154 Albert Street, asked the Council to create an ordinance that would prohibit Torrington residents from feeding and domesticating wild animals and limit the number of cats they can have.
Councilor Dalla Valle said the Ordinance Committee could begin by looking at the State Statute that Ms. Hansen referred to, (22-339d) and go from there.
Ms. Hansen said she was dismayed to find out that the city’s commission on disabilities had been disbanded.
Mayor Bingham said it was his belief that the Disabilities Collaborative has taken over the responsibilities of the commission. He suggested that she start with them first, and offered to attend their next meeting with her.
Ms. Hansen also said she was tired of cleaning up after people who disregard the Litter Law, and young people who drive with their radios blasting.
Councilor Dalla Valle will ask the Police Department if they have anything pertaining to loud noise coming from a vehicle.
BUS: DEPT. HEADS #2110
On a motion by Councilor Waldron, seconded by Councilor Dalla Valle, the
Council voted unanimously to consider business presented by Department Heads. There was none.
BUS: MAYOR & MEMBERS #2120
On a motion by Councilor Dalla Valle, seconded by Councilor Waldron, the
Council voted unanimously to consider business presented by Mayor Bingham and members of the City Council.
Councilor Carbone said she attended the Elks Recognition Dinner that honored a great number of Torrington youths.
Councilor Dalla Valle apologized for not being able to march in the Memorial Day Parade.
Councilor Dalla Valle commended Purchasing Agent Pennie Zucco for the professional manner in which she furnished him information he requested.
Councilor Jerram noted that the Elks is sponsoring the Relay for Life, an overnight event where they are seeking volunteers to carry on through the evening. He also commended the music played by the Governor’s Footguard Band at a fundraiser at the Elks on Saturday night.
Councilor Soliani hoped Mr. Rollett would follow up on the miscommunication between the two departments, as noted earlier in the meeting.
Mr. Rollett said it wasn’t really in his control but he was working with Mayor Bingham on the matter.
Councilor Soliani said she will be able to walk in the parade after two years of not being able to.
Councilor Waldron indicated that a successful Voter Registration Rally was held at the high school where Mayor Bingham and several other state officials were present.
Councilor Waldron spoke in regard to the potential problems at the skate park due to the lack of supervision. The city was put on notice that they’re expected to do something.
Councilor Soliani personally didn’t think the Police Department was where they needed to be going on this matter.
Councilor Jerram asked for a progress report during the next meeting in regard to the playground that was taken down at Besse Park Pond.
Mr. Rollett explained they put temporary fencing in a storage trailer so they can secure the area and start constructing a new playscape.
Councilor Dalla Valle offered some help to get it done in a couple of days.
Mayor Bingham said he had the opportunity to be a part of a book called Declare Yourself, which is part of a major campaign to get young people involved in voting this November.
ADJOURNMENT #2565
On a motion by Councilor Jerram, seconded by Councilor Waldron, the Council voted unanimously to adjourn at 7:47 p.m.
ATTEST: JOLINE LeBLANC
ASST. CITY CLERK
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