MINUTES -- PUBLIC HEARING
CITY COUNCIL AND WPC AUTHORITY
DECEMBER 5, 2011
A PUBLIC HEARING was held in the City Hall Auditorium by the City Council & WPC Authority on Monday, December 5, 2011 -- to consider the discontinuance of unimproved sections of Devaux Road and Guerdat Road as referenced on a map dated 9/13/2011 prepared by the City Engineering Dept.
Present were Mayor Ryan Bingham, Corporation Counsel Ernestine Yuille Weaver, City Councilors Gregg Cogswell, Paul Samele, Elinor Carbone, Gerald Zordan, Marie Soliani and Drake Waldron, Chief of Police Michael Maniago, Deputy Fire Chief Gary Brunoli, Emergency Mgt. Director Rick Dalla Valle, Elderly Services Director Nancy Hodkoski, City Engineer Ed Fabbri, Superintendent of Parks and Recreation Brett Simmons, Assistant to the Mayor Timothy Waldron and City Clerk Joseph Quartiero.
Mayor Bingham opened the public hearing at 6:30 p.m.
City Clerk Joseph Quartiero read the legal notice.
City Engineer Ed Fabbri distributed maps showing the .7 mi. long road section. He said it has become what the State Dept. of Transportation calls 'impassable' and no longer eligible for aid from the State. Mr. Fabbri reminded the Council that he told them last January that the City is 30 million dollars short in getting our roads paved and repaired. He said putting money into this section of road is not in the best interest of the taxpayers. The majority of the road is abutted by state properties – Sunnybrook State Park, and the State Forest on the east side, and two property owners abut the road on the west side. Mr. Fabbri said that since the Street Dept. does not currently plow this section of road, there wouldn't be any savings with this discontinuance but there'd have to be a considerable amount of money
spent to get this section of road in good condition.
Councilor Zordan asked how much money is being lost by not having this road finished. Mr. Fabbri said it's very little since the road is already considered unimproved, and he estimated $1000 to $2000.
Property Owner Linda Zampaglione Rinaldi said she only received the letter on Saturday afternoon, saying the City is discontinuing a road that has been in her family since the 1920's. She said they have always maintained this property from one generation to another. She asked the Council to please say 'no' to this, as it will completely devalue her whole property, zoned under a Forestry classification. Foresters need to use this road which will become impassable in a few years if it is not taken care of, she said.
Tom Kandefer asked if the State Dept. of Environmental Protection has been consulted. Mr. Fabbri said they were sent a notice. Mr. Kandefer said it would make sense that the State would want to maintain this section of road since it is adjacent to the State Forest and they might have concerns about accessing their property.
Thomas Metlain, Torrington Real Estate Broker, urged the Council to hold off on their decision and allow the Rinaldi family time to hire an appraiser to see what impact the road discontinuance will have on their property.
Salvadore Rinaldi said he asked Mr. Lizotte, the Superintendent of Streets, to drop some material into the potholes in this section of road. This was never done, he said.
Linda Zampaglione Rinaldi stated that closing this beautiful piece of land would impact her adversely, negatively and horrifically. It has always been treated like a closed road, she said, and asked the Council to forego this discontinuance and save her property.
Tom Kandefer informed the Council that the DEP contact is Richard Miska.
Chris Wiley asked if there are utilities on the road, and Mr. Fabbri said there are none. Mr. Wiley asked how hard it would be to turn that area into a housing development. Mayor Bingham said it wouldn't be easy as the developer would have to build a road.
Linda Zampaglione Rinaldi noted that building the road would be up to the property owner and asked how realistic that would be to bring 2000' feet of road frontage up to standards.
Mr. Fabbri said a certified letter was sent to the DEP. He said he is not proposing to close the road, it will function just as it does now. The other previously abandoned section of Guerdat Road is currently used by the DEP and the State, he said, and other abandoned roads are used by the public for walking trails. Mr. Fabbri said usage won't change much and maintenance will be similar as well. He said property owners will always have the right to access their property, it's not as though a gate will be put up. He noted that the property owners do have frontage on Newfield and Meyer Roads. He reiterated that he still feels it is in the best interest of the City to discontinue these sections of roads and try to move on and take care of the other roads we currently have issues with.
Councilor Zordan asked what the difference is between discontinuing and abandoning a road. Atty. Weaver explained in discontinuing the road, we are discontinuing our maintenance of the road. Abandoning is more of a common law term, she said, that has the same practical effect. Mr. Fabbri added, from what he understands, since it's our road and our property, when abandoning it, we would give up the property. In this case where the property owner owns half the road, the City only has the right of way across it, he said, and the City does not own approximately 90% of the roads in Torrington - we just have a right of way over them. In this case, he said, the property owners actually own to the center of the road already.
Councilor Cogswell asked about the delay in getting the certified letter out to the property owners and DEP. Mr. Fabbri said he was tied up with the storm's green waste cleanup contract.
Councilor Carbone asked what the requirements are for written notices. Mr. Fabbri replied he understands there is no notice required, beyond what's published in the newspaper. Atty. Weaver added that the legal notice for a public hearing is typically five days in advance.
Mayor Bingham said the certified letter is a good practice. He recommended the Council consider tabling this to allow the homeowners time to discuss this. He invited the Rinaldis to meet in his office and said he will do his best to set that up.
TABLED: DISCONTINUANCE - UNIMPROVED SECTIONS DEVAUX & GUERDAT RDS.
On a motion by Councilor Carbone, seconded by Councilor Samele, the Council voted unanimously to table the discontinuance of unimproved sections of Devaux Road and Guerdat Road as referenced on a map dated 9/13/2011 prepared by the City Engineering Dept.
Mayor Bingham closed the public hearing at 6:59 p.m.
__________________________________________________________________________________________________________________________________________________
REGULAR MEETING
CITY COUNCIL AND WPC AUTHORITY
DECEMBER 5, 2011
Mayor Bingham opened the regular meeting at 7:00 p.m.
MINUTES
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to accept the minutes of the Regular Meeting held on November 14, 2011, adjourned from November 7, 2011. Councilor Soliani abstained.
On a motion by Councilor Soliani, seconded by Councilor Cogswell, the Council voted unanimously to accept the minutes of the Regular Meeting held on November 21, 2011. Councilor Zordan abstained.
On an amended motion by Councilor Waldron, seconded by Councilor Carbone, the Councilor voted unanimously to accept the minutes of the Special Meeting held on November 22, 2011 with the following correction: Change the word "Regular Meeting" in the first paragraph to "Special Meeting".
OPEN TO THE PUBLIC
On a motion by Councilor Soliani, seconded by Councilor Cogswell, the Council voted unanimously to open the meeting to the public.
R. Thomas Crovo, Tax Collector reported that the amount of delinquent taxes owed has grown exponentially in the last two to three years. He said that he has noticed that people are having difficult paying their past years taxes along with their present ones. Since he furnishes the City 100% of the tax money, he needs to do some things to collect some money, he said. On or about November 1st he sent out 250 notices telling the top delinquent property owners that their property has the potential of becoming a tax sale property. That mailing yielded approximately 20 phone calls, he said. On December 1st the mailing was repeated, but yielded a flurry of phone calls. He said he does as much as he can to educate the people who do call, and has found this is very
fruitful for the taxpayer. A certified letter will go out around January 15th he said.
Councilor Carbone expressed her appreciation for the update, and his efforts with the taxpayers. Councilor Soliani agreed, and Mayor Bingham requested Mr. Crovo return to City Council after January 15th.
Chris Wiley complained that delinquent tax payments indicate that Torrington is a dying City, that the City needs to get out of his way so he can pursue happiness, that the top of Highland Avenue looks unimproved and needs repair, that government has their hand out every time money changes hands and is in his way.
BY-LAWS – COE MEMORIAL PARK COMMITTEE
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to approve the By-Laws of the Coe Memorial Park Committee.
Atty. Weaver said this was a product of several months' hard work with a lot of concessions and agreements on all sides and with one abstention. Mr. Simmons thanked Atty. Weaver for all her hard work.
SENIOR CENTER MAIN ENTRANCE AWNING
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to award the Senior Center Main Entrance Front Awning contract to Awnings Plus, LLC of Torrington, CT in the amount of $10,899.64.
Councilor Zordan asked why the lower bid was not chosen. Ms. Hodkoski said the lower bid was for a canopy, not an awning, and wasn't what they were looking for.
MUNICIPAL RENOVATIONS
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to approve the following payments from Municipal Renovations Fund #316:
VENDOR |
INV # |
AMOUNT |
DESCRIPTION |
Millard Welding |
12318 |
$ 656.53 |
Grill for Tax Office |
Van Zelm |
Various |
$9,000.00 |
Prof. Svcs. to 9/15/2012 |
SMALL CITIES RECOMMENDATION
On a motion by Councilor Waldron, seconded by Councilor Soliani, the Council voted unanimously to authorize a subordination in the amount of $42,000 which will allow a property owner, (known as "S.D.") to stay in her home.
Councilor Waldron said this will not put the City at fault at all, there is a lot of equity in the house, and the homeowner owes the City about $16,000.
Atty. Weaver said this loan was granted in 1998. Councilor Waldron said there is $80,000 in equity over and above the financing amount.
OPEN TO PUBLIC ON AGENDA ITEMS ONLY
On a motion by Councilor Cogswell, seconded by Councilor Samele, the Council voted unanimously to open the meeting to the public on agenda items only. There was no one who wished to speak.
BUSINESS FROM DEPARTMENT HEADS
On a motion by Councilor Waldron, seconded by Council Soliani, the Council voted unanimously to consider business presented by Department Heads.
Chief Maniago reminded everyone that the Police Department Awards Ceremony is Wednesday, Dec. 7th
at 5:30 pm.
BUSINESS FROM MAYOR AND COUNCIL
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.
Every Council member congratulated the newly-elected.
ADJOURNMENT
On a motion by Councilor Waldron, seconded by Councilor Carbone, and unanimously approved, the meeting was adjourned at 7:18 p.m.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Respectfully Submitted
Carol L. Anderson, CCTC
Asst. City Clerk
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