MINUTES
CITY COUNCIL & WPC AUTHORITY
April 16, 2012
A REGULAR MEETING of the City Council & WPC Authority was held in the City Hall Auditorium on Monday, April 16, 2012.
Those in attendance included Mayor Ryan Bingham, Corporation Counsel Ernestine Yuille Weaver, City Councilors Drake Waldron, Elinor Carbone, Gerald Zordan, and Gregg Cogswell, City Clerk Joseph Quartiero, City Engineer Ed Fabbri, Superintendent of Streets Robert Lizotte, Director of Public Works Gerald Rollet, Nutrition Supervisor Joel Sekorski, Elderly Services Director Nancy S. Hodkoski, Purchasing Agent Pennie Zucco, Mayoral Aide Tim Waldron and Deputy Fire Chief Gary Brunoli. Also present were Atty. Peter Herbst, Project Engineer Dennis McMorrow, Real Estate Appraiser Arthur Oles, and Atty. Joel
Perlotto.
City Councilor Paul Samele participated telephonically and Councilor Marie Soliani was absent.
Mayor Bingham called the meeting to order at 6:30 p.m.
MINUTES
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to accept the minutes of the Regular Meeting held on March 5, 2012.
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to accept the minutes of the Regular Meeting held on April 2, 2012.
OPEN TO THE PUBLIC
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to open the meeting to the public. There was no one present who wished to speak.
PRESENTATION: 2012 Pavement Management Report
Mr. Fabbri said two-thirds of the pavement surface conditions have been rated this year. The current city budget is 1.635 million, added to other funds such as State Sales Tax, the LOCIP program, and Small Town Aid Funds, and it totals 2.335 million dollars.
He said his goal is to improve our roads to a Good or Best condition by using a rating system from zero to one hundred. A grade under 60 is a failing road.
Mr. Fabbri directed the Council to the "Vendor-in-Place Paving Cost" chart showing a cost of $36 per ton for in-place asphalt in 1997 and this year's cost estimated at $90 per ton.
He said the Federal Highway Administration's Pavement Condition Index suggests that 2.1 million dollars will be needed for every year that no work is performed on road conditions.
Mr. Fabbri said the City is not putting enough money into paving and the costs have skyrocketed. He noted that one of the problems is the City's inability to do more than five miles of road per year. Mr. Fabbri said a Bond option was considered, but utility companies still need to be coordinated with before some streets are paved. He said if the Council determines they would like to repair more roads, they could hire a paving contractor and select roads that don't need utility work and are in very poor shape.
Mr. Fabbri pointed out the proposed paving list for this year and next, including data on where the funding is going. He said more money is needed or things aren't going to get better.
Councilor Zordan asked for the spreadsheet to be sorted by condition, rather than alphabetically.
Mr. Fabbri added that road repairs are grouped into neighborhoods so that equipment is used more efficiently. Traffic volume and road use also factor into their road repair choices.
Mr. Rollet said we need to do more than we are doing now. Mayor Bingham said there will be State Sales Tax funds available in August, and hopefully things will get better.
DISCONTINUE SECTIONS OF DEVAUX & GUERDAT ROADS
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council considered the discontinuation of the unimproved and impassable sections of Devaux Road and Guerdat Road as referenced on a map dated 9/13/2011 prepared by the City Engineering Dept., tabled on December 5, 2011.
Mayor Bingham explained this issue is a continuation from the public hearing held on December 5th. He said the Rinaldi family has expressed concern about the loss of a city road in front of their property on Devaux Road. Discussions were held regarding the City's liability and maintenance expense on a road with little traffic. Mayor Bingham listed the following options: A) Total discontinuance from Guerdat Road to Devaux Road; B) No discontinuance of the road; C) Discontinuance up to the State Forest road, leaving a small section of Guerdat Road; and D) The Rinaldi Family's preference – Discontinue up to one-third of Devaux Road or up until about the property line of the State Dept. of Environmental Protection on either side.
Atty. Herbst spoke on behalf of the Rinaldi family. He noted the property includes over 80 acres of land that has been in Linda Rinaldi's family for almost a century. He said they feel that option D is the appropriate way to handle this road. He explained there are two sections of the property – one can only be developed via Devaux Road and Guerday Road for approximately 1600 feet. He said it would be impossible to develop this property from Newfield and Meyer Roads because of steep, cliff-like slopes running north and south through the property, and wetlands as well. Atty. Herbst said he appreciates all the time that the Mayor and City Engineer have spent on this issue, and proposed a hammerhead be introduced at the northern portion of the Rinaldi property, with the road discontinued to the
north.
Mr. McMorrow of Berkshire Engineering and Surveying distributed a conceptual subdivision plan for the property and spoke about its topography, noting that there is a 40% grade. This means the only way to develop the upper section is off of Devaux and Guerdat Roads.
Atty. Herbst said the best use for this property, rated R60, is as residential, remaining consistent with the City's Plan of Conservation and Development.
Mr. McMorrow noted that roadbed development would be more difficult on a discontinued road, and Atty. Herbst added that 1000' of the property would not have frontage if the road were discontinued, hampering the development potential of the property.
Mr. Oles offered his assessment of the impact that road discontinuance would have on the property value.
Atty. Herbst said if the Rinaldis were to sustain a loss of this magnitude, nearly a third of a million dollars, it would essentially be a condemnation of their property without compensation to them which is known as inverse condemnation where a municipality's action substantially devalues the property.
Mrs. Rinaldi said she is formally asking the Council to keep her land on city-owned and maintained roads. This land is our heritage and our lifeblood, she said, and has been in our family for 90 years. She added that they never asked for the road to be paved.
Mr. Fabbri cautioned that someday this property will be developed into 10 or 12 lots with residents who will come to the City Council and request that the road be paved. The current estimate for this is $823,000, he said, but could be over a million dollars five years from now. Mr. Fabbri said he wanted to make it clear that the burden will be on the taxpayers.
Councilor Zordan asked if the city is required to pave dirt roads. Atty. Weaver said if it is a city road, we do have an obligation to maintain it to ensure that emergency vehicles can travel on it. There is a responsibility and a liability that we have on city roads, she said.
Councilor Carbone pointed out that we have taxpayers that currently have property on that road. They have a right to have that road, she said. Councilor Carbone said she is concerned about inverse condemnation and the significant devaluation of property if the road is abandoned. She appreciates having a few options available and said she is prepared to make a motion.
Atty. Perlotto spoke up on behalf of the other property owner, Mr. Boyle, whose property has also been in his family for many years. Mr. Boyle has 170 ft. of frontage on Devaux Road that is improved, and would lose about 1200 ft. of frontage if Devaux Road were discontinued, as well as making the property non-conforming to Zoning Regulations. Atty. Perlotto said this would also be an inverse condemnation, and his client is also opposed to the discontinuance of Devaux Road in front of his parcel.
Atty. Herbst noted that there is a 1400 ft. section of road abutting State property, located between the Rinaldi property's northerly border and the Boyle property's southerly border. Both he and Atty. Perlotto stated that they would not object to discontinuance of this portion.
Councilor Carbone asked what other liability the City is exposed to, other than the cost of installation and maintenance of a road, if the road were left the way that it is. Mr. Fabbri replied that damage to cars is likely to happen, based on the current condition of the road. Atty. Weaver confirmed that the City would be liable for these damages. Councilor Carbone asked what it would take to make that road more serviceable. Mr. Fabbri replied that he hasn't looked into that.
Mayor Bingham suggested the Council consider the discontinuance from the 1600' line to the 2900' line. Councilor Carbone asked Mr. Fabbri to look into what it would take to create a more serviceable road.
Councilor Cogswell said he was opposed to discontinuing any parts of roads that are going to affect property owned by taxpayers, and asked if State aid figures into this. Mr. Fabbri said $500 is received annually from the State, but will be cancelled due to the road's current condition.
Mayor Bingham clarified that a motion was currently on the table. Councilor Waldron amended his motion to state they were voting on the discontinuance of the road from the northerly boundary of the Rinaldi property to the southerly boundary of the Boyle property. Councilor Carbone amended her second.
Councilor Zordan said he is reluctant to discontinue any part of this road, and is opposed to the whole thing.
Councilor Waldron said that by discontinuing the middle, the big liability of through-traffic would be eliminated. Mr. Fabbri clarified that the State Forest Road is maintained by the State and they will most likely continue to do so.
The motion passed with a 3/2 vote with Councilors Zordan and Samele opposed.
At Atty. Herbst request, Mayor Bingham repeated "the portion of the road on the southerly border of the Boyle property to the northerly border of the Rinaldi property has been discontinued."
TABLED: CONTINGENCY FUNDS – Microphone Repair
On a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council voted unanimously to table consideration of a payment of $748.25 from Contingency for repair of microphones in the Auditorium to Sound Works & Security, which was also tabled on April 2, 2012.
PURCHASE PLOW TRUCKS
On a motion by Councilor Carbone, seconded by Councilor Cogswell, the Council voted unanimously to accept the Purchasing Agent's, the Superintendent of Street's, and the Fleet Manager's recommendation to purchase two International Plow Trucks in the amount of $380,685.00 from Marola Motors Sales, Inc. of Torrington, CT.
Mr. Castro confirmed Councilor Cogswell's statement that the City has saved about $71,000 after trade-ins.
Councilor Carbone said the timing of these purchases is always difficult when the City budgets are being deliberated. She said it's important for the public to understand that these funds are coming from our Vehicle Replacement fund, and will not factor into the mill rate or the current budget figures.
Councilor Cogswell said that in the future he'd like to see the vehicle replacement plans avoid multiple purchases for the same department in one year.
CLEANING STREET DEPT., ARMORY, AND RECREATION HALL
On a motion by Councilor Carbone, seconded by Councilor Zordan, the Council voted unanimously to accept the recommendation of the Purchasing Agent and award the Cleaning of Street Department, Torrington Armory and Recreation Hall Facilities bid to Jani-King for FY 2012/2013. Mrs. Zucco explained that this is a new vendor, and that Horizon did not include a non-collusion affidavit with their bid.
MUNICIPAL RENOVATIONS
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to authorize the following payments from MRC Fund #316:
VENDOR |
INV# |
AMOUNT |
DESCRIPTION |
Michael Clark |
32712 |
30.00 |
parking for mediation |
Day Pitney LLP |
33693332 |
261.38 |
mediation |
Water Resource Technology |
2047 |
400.00 |
buck/boost transformer |
SMALL CITIES PAYMENTS
Vendor |
Inv # |
Amount |
Description |
City of Torrington |
10-SC-31 |
$150.00 |
Title Searches |
Boston Lead Co., LLC |
10-SC-32 |
$400.00 |
Risk Assessment |
Boston Lead Co., LLC |
10-SC-33 |
$700.00 |
Risk Assessment |
The Fair Housing Assn. of CT |
10-SC-36 |
$80.00 |
Conference Registration Fee |
On a motion by Councilor Waldron, seconded by Councilor Carbone, the Council voted unanimously to authorize the following payments from Small Cities Fund #251:
SENIOR CENTER CHAIRS
On a motion by Councilor Zordan, seconded by Councilor Cogswell, the Council voted unanimously to approve the purchase of 300 chairs from Virco at a cost of $15,336 for the Sullivan Senior Center. This price is off the US Communities Contract available to Municipalities. Mr. Sekorski and Ms.Hodkoski showed the chairs to the Council. Ms. Hodkoski said the Area Agency on Aging will be contributing towards the purchase.
ADD TO AGENDA On a motion by Councilor Carbone, seconded by Councilor Waldron, the Council voted unanimously to add to the agenda. |
SCHEDULE PUBLIC HEARING
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to schedule a public hearing for May 7, 2012 at 6:30 p.m. to discuss Community Development Block Grant Program Applications.
BUILDING DEPT. REPORT
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to accept the Building Dept. Report for the month of March, 2012.
OPEN TO THE PUBLIC, AGENDA ITEMS ONLY
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to open the meeting to the public on "agenda items" only. There was no one who wished to speak.
BUSINESS BY DEPT. HEADS
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to consider business presented by Department Heads. Mr. Rollett updated the Council on the status of reimbursement applications from recent storms. He will be sending Council a Memo to request a storm contingency fund.
BUSINESS BY MAYOR AND COUNCIL
On a motion by Councilor Waldron, seconded by Councilor Cogswell, the Council voted unanimously to consider business presented by the Mayor and members of the City Council.
Mayor Bingham announced May 11th as the Fifth Annual Project Homeless Connect at the Coe Park Civic Center and Armory.
Councilor Samele disconnected from the meeting at 7:54 pm.
EXECUTIVE SESSION: PENDING LITIGATION
On a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council voted unanimously to go into Executive Session regarding pending litigation with Attorney Weaver at 7:54 pm.
OPEN SESSION
On a motion by Councilor Waldron, seconded by Councilor Zordan, the Council voted unanimously to go back into open session at 8:10 pm.
ADJOURNMENT
On a motion by Councilor Cogswell, seconded by Councilor Carbone, the Council voted unanimously to adjourn at 8:10 pm.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
Respectfully Submitted,
Carol L. Anderson, CCTC
Asst. City Clerk
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