Showing posts with label Lavigne. Show all posts
Showing posts with label Lavigne. Show all posts

August 1, 2009

City hired unlicensed contractor to knock down house

For an emergency demolition a year ago, the city hired a contractor to tear down a Fall Mountain Road house.

However, the contractor, Letourneau Builders of 550 South St., that the city chose to raze a three-family home at 385 Fall Mountain Road owned by Melanie Church-Dlugokenski, was unlicensed.

After an investigation, state police last month charged Letourneau, 38, with engaging in the business of demolition without a certificate of registration from the state Department of Public Safety.

City Building Official Guy Morin, who condemned the house and gave Letourneau the order to demolish it, said Friday he thought Letourneau — who was registered by the state as a new home and home improvement contractor — was properly licensed.


“It was a mistake on my part that I didn’t confirm that he had the actual certificate in his hand,” said Morin. “It’s never happened to me before. It won’t happen again.”

Letourneau could not be reached for comment.

Mayor Art Ward said steps have been taken to ensure the city would never repeat the mistake.

“I was quite upset when I was informed about it,” Ward said Friday.

Morin said, though, that he has no second thoughts about whether the house needed to come down.

“It was unsafe. It was open to trespass. It was a catastrophe waiting to happen,” Morin said. “Part of the house had already collapsed.”

Letourneau charged the city $59,600 , a figure that Morin said included asbestos abatement, a job Morin said Letourneau gave to a sub-contractor. “It was a very big house and they did a lot of work,” said Morin.

Attorney Ralph Keen, who represents Church-Dlugokenski, said his client’s civil rights were violated.

Keen said Bristol Police Officer Tom Lavigne, who initially called Morin’s attention to the house, had no right to be on the property in the first place.

According to state police paperwork on the Letourneau case, on May 7, 2008, Lavigne “conducted an investigation of the property … upon reportedly observing an unregistered junk vehicle in the driveway.”

Lavigne looked around some more, the affidavit says, and then called Morin and asked him to inspect the structure.

Morin condemned the house that day, and he and Lavigne posted a notice of condemnation and “secured the perimeter with yellow barrier tape,” the affidavit says.

The following day, Morin ordered Letourneau to demolish the house, according to the affidavit. On June 18, more than a month later, Morin told the city assessor’s office that the building had been razed between June 16 and June 18.

Keen claimed that Letourneau arrived with bulldozers on May 8 and commenced demolition.

“Within one day, the house was essentially destroyed,” said Keen.

But Morin said there were no bulldozers or demolition equipment at the house on May 8.

“She had at least a whole month before anything was done there,” said Morin.

Though Keen acknowledged that the house “wasn’t pristine,” he and Morin differed on the severity of its problems.

“Animals were living in it. Beams were falling in,” said Morin, who said work on the house had been done incorrectly, contributing to the problem. He said there were several additions to the structure and that some of the worst damage was behind an attached garage.

“The roof had caved in. The floor had rotted out. It was unsafe,” Morin said. “There was imminent danger that the main house was going to collapse.”

Keen said the owner’s husband, Don Dlugokenski, was living in the house, but Morin said he saw no sign that anyone was living there.

“It was a total disaster inside the house,” said Morin.

Not so, said Keen.

“The house had stood there in that condition for months,” said Keen.

While Keen admitted that there were “issues” with the roof and some parts had fallen in, that raccoons had moved in – and some had died in the house – he said there was nothing dangerous about it. It was a big house, and no one was living in the problem areas, said Keen, who said it was in the process of being repaired.

Keen maintains that his client, who lives in Terryville, was away in Florida during the demolition and that she didn’t know what was happening until she returned home and found a letter from the city and her house gone.

Morin said it didn’t happen that way. He said there was plenty of time for the owner to make repairs or halt the demolition process.

He issued an order to the owner to repair, but got no response, Morin said.

“She took no action to stop it,” said Morin. “She was happy it was coming down. She had an insurance policy that included demolition of the building.”

It was only after the insurance company decided that it was the owner’s neglect that brought on the problems and wouldn’t pay out, said Morin, that the owner became upset.

Keen said that’s “ludicrous,” that no homeowner has insurance that covers demolition. She had insurance, he said, but she’s still discussing the settlement.

Morin, he said, is “begging for cover” and the city is busy trying to cover its tracks.

Church-Dlugokenski is “emotionally distraught” about the demolition, said Keen.

No lawsuit has been filed over the demolition, said Keen, but one is pending.

Since the Fall Mountain Road house, Morin said Letourneau hasn’t done any other demolition for the city, but has done some boarding up work because, he said, “None of the other contractors were available.”

As the city’s building official, Morin signed Letourneau’s application to the state for a demolition license.

Letourneau told Morin and other contractors that he got the license, said Morin.

“I think he really believed he had a license,” said Morin. “I don’t know why it wasn’t granted.”

City has new procedures now

A month before hiring an unlicensed contractor to tear down a Fall Mountain home on an emergency basis, the city solicited bids from demolition companies interested in getting calls when the building office needed a structure torn down quickly.
The timing was unfortunate, though, because the bids were due on May 12, just after the city hired Dan Letourneau Builders to handle the Fall Mountain Road job.
By June, the City Council had chosen three city firms to handle the emergency work, turning down Letourneau’s bid along with a handful of others.
Purchasing Agent Roger Rousseau said the council established a one-year contract with the firms so that officials would call them on a case-by-case basis if a building had to come down unexpectedly.
He said officials opted to create the list, he said, because they knew that a vigorous new code enforcement effort might lead to a number of emergency demolitions. They wanted to be ready, he said.
The companies that were picked were checked to ensure they had the necessary licenses, Rousseau said.
Once the mistake with Letourneau Builders was recognized last summer, officials paid special attention to the issue.
“We took steps to ensure it won’t recur,” Mayor Art Ward said. By adding more checks and balances to the process, he said, there shouldn’t be any more mistakes.
This year, as the contract ended, the city decided to create a different policy.
Rousseau said that if the building official orders a building razed, the purchasing office will call companies in the business and get price quotes. Before accepting the lowest, he said, the contractor will be checked out to make sure it can do the job legally.
An emergency demolition would require the approval of the mayor and Board of Finance chairman, Rousseau said, as well as a report to the finance panel at its next meeting.
Rousseau said he’ll make sure everything’s done right.
“Everything has to be shown in accordance with all the appropriate qualifications,” Ward said.

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Copyright 2009. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

May 26, 2009

Police to shift officer away from code enforcement

The police officer assigned to code enforcement issues for the past several years -- lending a hand to the fight against blight -- is returning to patrol duties for at least the summer.
Police Chief John DiVenere said he’s putting Officer Tom Lavigne back on the road to help cope with a shortage of officers during the department’s busiest season.
“I need bodies on the road,” the chief said Monday.
City councilors created the code enforcement officer position a few years ago with the provision that it focus on issues related to blight, housing and other items connected to a crackdown on code violations.
City Councilor Kevin McCauley said he is concerned about the chief’s plan to shift Lavigne away from code enforcement given the strong success of the effort in recent years.
Building Official Guy Morin has credited Lavigne’s presence for contributing to the willingness of violators to comply with municipal orders to clean up, fix up and otherwise obey the law.
Mayor Art Ward said that he understands DiVenere’s aim “to limit some of the overtime” by putting Lavigne, a former city councilor, back on patrol duties.
He said that during the summer there isn’t as much need for a full-time code enforcement officer and that the program’s success has also made the officer less crucial to the effort.
“We’re trying to look at the whole situation” in terms of public safety, saving money and enforcing the law, the mayor said.
He said that perhaps Morin will be able to schedule specific times where Lavigne can help with code enforcement instead of having him available more often.
DiVenere said that might be possible, but cautioned that every police officer is charged with enforcing the city’s laws and can serve in the same capacity as Lavigne.
DiVenere said his department is down “eight or nine officers” heading into the busy summer months.
Three slots are vacant, while three officers are out on long-term medical leave and two more are on military leave, the chief said.
Combined with the need to let officers take vacation during the summer, DiVenere said, he needs more people on patrol so that he doesn’t push up overtime costs or turn down reasonable vacation requests.
He said that putting Lavigne on patrol will save thousands of dollars for taxpayers.
Moreover, DiVenere said, the extra flexibility may make it possible for him to avoid layoffs as the city looks for ways to cut back on spending during the fiscal crisis that has sapped extra money from every municipal department.
The chief said police are facing “an emergency” situation with the budget and putting Lavigne on patrol for the summer shift that runs from June to August is one way to handle it.
He said that after the summertime shift is over, Lavigne or a different police officer will again be assigned to code enforcement duties.
“We will have a code enforcement officer again,” DiVenere said.

For more background, see this March 2008 memorandum from city Councilor Craig Minor.

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Copyright 2009. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

April 16, 2008

Tougher property maintenance codes to come?

City leaders are eyeing the possibility of adopting a new property maintenance law that’s being used by cities across the world.

Building Official Guy Morin, who is urging passage of the “international property maintenance code,” said its terms would “fill in all the holes” in Bristol’s current rules.

“It’s very well thought out and put together,” Morin said. “They seem to have taken everything into account.”

The city’s Ordinance Committee is reviewing the idea, but is a long way from adopting the proposed change.

This month, the city wiped out its Blight Committee, folding it into a new Code Enforcement Committee that will have the power to enforce laws governing both the outside appearance and inside structure of buildings in Bristol. The new law takes effect soon.

But the measure sought by Morin would give the city even more clout.

“It just enhances our ability to enforce” the rules, said city Councilor Kevin McCauley. “I’m quite comfortable with this.”

“It adds another tool in our toolbox,” said Police Officer Tom Lavigne, who is assigned full-time to code enforcement issues.

Lavigne said the proposed code would “standardize the inspection process” and ensure fairness for everyone.

“We want it to be equal among all the homeowners” in town, Lavigne said.

Dale Clift, the newly appointed city attorney, said he would want to make sure that if the new code is adopted, lawyers need to make sure it doesn’t conflict with existing statutes. He said it’s important to dump outdated sections of the ordinance book that might not fit the terms of what’s called for in the new code urged by Morin.

“We don’t want to get into a tax code situation,” Clift said, in which it’s hard to know what the law requires because sections don’t mesh with one another.

Clift said that city lawyers will have to work on the issue.

Morin said he’s glad that the idea is going forward.

He said there are “big voids” in the current laws laying out how officials carry out inspections and enforce regulations.

The proposed code, Morin said, is very clear about penalties, the notice that must be given to property owners and who carries out the enforcement.

“It covers everything we do and standardizes the process,” Lavigne said.


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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

March 26, 2008

New anti-blight law heads to City Council on April 8

A tough new proposal that aims to ease the way for City Hall to crack down on messy, unsafe properties is on the fast track to approval.
The city’s Ordinance Committee unanimously backed the proposed statute Wednesday, opening the door for the City Council to enact it on April 8.
The move won the endorsement of both Bristol Hospital and the Greater Bristol Chamber of Commerce this week, which helped spur the three-person panel to act quickly.
“This is an important step,” said former Mayor John Leone, president of the chamber. “We are going to set the bar higher.”
What officials hope the new law will do is allow them to pressure recalcitrant property owners to clean up or fix up their property before it drags down the surrounding neighborhood.
Dale Clift, an assistant city attorney, said there is “a lot of overlap” between the existing blight ordinance and the code enforcement effort. The new proposal would combine them so that both can be more effective, he said.
One reason the push has won such strong support is that residents are happy with the way Building Official Guy Morin and police Officer Tom Lavigne, who deals with code-related issues, have handled enforcement in recent months.
“It’s tremendous to see the difference it’s made,” said Sue Roesch, a Federal Hill resident.
Karen Pio, president of the Greater Bristol Property Owners Association, said the pair has done a good job of offering suggestions to owners on how to comply with the law, not just cracking the whip.
She said they don’t make landlords feel like slumlords. They’re just trying to get people to comply with the rules.
But they’ve also issued many citations to violators, including two they gave to Pio.
Pio thanked them for singling her out. “It got my son my son off his butt end,” she said.
Tim Furey, chairman of the hospital board, said that the hospital has seen “a spiked increase” in the use of its emergency room by people who may be living in substandard dwellings.
He said the community’s health is being affected and the new law is “vital” so that medical care focused on the wellness of the entire community can continue.
The ordinance panel, chaired by Councilor Craig Minor, opted not to go along with a provision urged by Pio that would let the city give 90-day extensions to those targeted if they are making good faith efforts to comply but have limited resources.
With the economy sagging, she said, “there are going to be people crying” who simply can’t afford the expense involved.
“They are going to be hard-pressed to fix everything,” Pio said.
But councilors said that enforcement agents such as Lavigne have the discretion to come down hard on some while quietly lending a hand in other situations.
Lavigne said that discretion is a key part of law enforcement.


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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

March 17, 2008

More on code enforcement cop

On March 7, city Councilors Craig Minor and Kevin McCauley met with Police Chief John DiVenere to go over the issues related to the code enforcement police officer position that has been held by Tom Lavigne since its creation. Lavigne is a former city councilor.
After the meeting, Minor wrote an email to the chief laying out what they discussed. He released that email to me today after I made a Freedom of Information request to him. Here it is:

Chief:

This is my understanding of what was said at our meeting on Friday, March 7. Please let me know if I got anything wrong.

1. Job Description. Chief DiVenere is fully supportive of having a police officer assigned to do code enforcement full time. However, designating an officer as the Code Enforcement Police Officer would be a bad precedent and in fact is something that the City has historically resisted doing. The duties of the officer assigned to code enforcement could however be spelled out as with other officers who are assigned to specific duties, such as the youth officer and the traffic officer. As with all other officers, the officer assigned to code enforcement is subject to being temporarily reassigned if the Police Department is under-strength or during an emergency, but this is not expected to happen more than once or twice a year, if at all.

2. Overtime. All officers are authorized eight hours of overtime during each three week period. Additional overtime may be approved by the supervisor of the officer assigned to code enforcement provided the officer requests it in writing and provides justification, and it will not be unreasonably denied. Such additional overtime would be requested only if necessary to meet with property owners who are not available during the normal work day or to occasionally appear before City boards and commissions, but not to attend meetings of neighborhood associations and civic groups.

Diane Ferguson pointed out that per the union contract, whenever another City department pays for the overtime of an officer to perform duties for that department it is treated as extra duty and has to be offered to any officer in turn (Craig asked her to provide the documentation on that). Therefore it is not feasible to put funding for overtime in the Code Enforcement Committee s budget.

3. Normal Working Hours. The option exists for the officer assigned to code enforcement to occasionally alter the hours of his shift to include
evening hours, such as from 11:00 am to 7:00 pm.

4. Vehicle. The officer assigned to code enforcement will be assigned a vehicle marked Code Enforcement . As with any other assigned vehicle, however, this vehicle is subject to being used by other officers as needed during other shifts or in an emergency.


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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

January 15, 2008

Code enforcement serious business

Since April, there have been 26 arrests made in connection with enforcing the city's laws for keeping up property.
Officials also point to the 252 junked cars that were towed away and to the cleanup of a number of troubled properties.
"We've had some great progress," said Police Officer Tom Lavigne, who is detailed to code enforcement work. Lavigne is a former city councilor.
Lavigne and Building Official Guy Morin like to go together to deal with property owners who have problems that need attention.
"We always take a friendly approach," Lavigne said, because the goal is voluntary compliance. The pair try to let people know about programs that might help them comply with the law.
"It's an educational effort as much as an enforcement effort," Mayor Art Ward said.
City Councilor Mike Rimcoski said he went out with the pair on some calls and found they were getting much success out of taking a helpful approach instead of a confrontational one.
City Councilor Kevin McCauley said that the team approach has made a difference.
Once the blight ordinance is revised, he said, the arsenal will be even stronger for officials to use in their bid to make the city safe and clean.
"It's time the slumlords in town learn the city means business," said city Councilor Ken Cockayne.
It appears, though, at least 26 of them got the message already.

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Copyright 2008. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

November 14, 2007

313 Main St. Chronology of Events

TO: Bristol City Council

FROM: Guy R. Morin, Chief Building Official

SUBJECT: Order to Demolish

RE: 313 Main Street

DATE: November 13, 2007

The following is a chronology of events leading up to the demolition of the structure on the property known as 313 Main Street, Bristol, CT.

1) The first building permit was issued on 6/14/2004 to “Transport historic structure to new location on Main Street. Building moved on or about June 24, 2004. Completed and closed.
2) A second building permit was issued on 11/15/2004 for: “Foundation for existing 25 X 41 house with a rear 16 X 25 capped addition (no structure above)”. Completed and closed.
3) A third building permit was issued on 8/30/2005 for a 8 X 8 front porch was never constructed, so it expired after 180 days per section 105.5 of the State Building Code.
4) May 21, 2007 - I spoke with Mr. Karl about the status of the structure. Advised him that there wasn’t a valid building permit to allow him to work on the property. He stated that he intended to make a museum.
5) June 4, 2007- Memo to Jeff Steeg regarding conversation with Mr. Karl on the progress of the project.
6) June 25, 2007 – received copy of memo from Jeff Steeg to Mayor Stortz.
7) I’m on vacation from the 4th of July until July 21st.
8) August 3, 2007 – Met Mr. Karl at property advised him again that he needed to “declare” the use of the property and apply for the applicable permits. He said he understood.
9) August 6, 2007 – Sent first warning letter to Mr. Karl re-affirming our conversation on the 3rd.
10) August 14, 2007 – City Council Meeting, Council expresses concern regarding the status of the property.
11) August 23, 2007 – Site inspection of property with Don Angersola (Building Inspector) where we observed numerous structural defects from work performed by Mr. Karl. Warning letter was sent certified and posted on property detailing violations.
12) August 27, 2007 – Memo from Mayor Stortz to Attorney Krawieki regarding the possible demolition of the building.
13) August 28, 2007 – Memo to Corporation Counsel from me detailing that day’s site inspection regarding the temporary safeguards I had installed and my conversation with Mr. Karl.
14) September 12, 2007 – E-Mail from me to Jeff Steeg reporting a conversation with Mr. Karl in this office regarding the submittal of plans prior to the issuance of a Building Permit.
15) September 14, 2007 – E-Mail from me to Jeff Steeg with attached memo requesting a meeting with the Mayor and Corp. Counsel because of my concerns that Mr. Karl did not understand basic construction practices and someone may be injured on the property.
16) Note from Mayor on my September 14th memo expressing his concerns.
17) September 28, 2007 – Memo to Jeff Steeg summarizing the lack of comprehensive building plans and my anxiety about Mr. Karl’s competency.
18) September 29, 2007 – E-Mail from Mayor Stortz directing Jeff Steeg and I to resolve issues.
19) October 3, 2007 – Memo to Mayor from me directing the Demolition of the building.
20) October 3, 2007 – Certified letter to Ken Karl “Notice of Condemnation” along with copy of the memo to the Mayor.
21) October 18, 2007 – Two letters from Ken Karl, one dated October 2nd, the other dated October 15th. The letters do not provide any of the information required to stop the demolition of the building.
22) October 19, 2007 – Letter from me to Mr. Karl, outlining the entire enforcement events which lead up to the order to demolish, and a last opportunity to stop the demolition by taking some valid actions.
23) November 8, 2007 – Re-inspection of the building with Officer Thomas Lavigne present. Rear section of building had partially collapsed, still open to weather from holes in the roof resulting in the failure of large sections of ceiling. Floors dangerously sloped, and there is additional indication that Mr. Karl has removed more structural support members. We find evidence of someone occupying structure, building not secure and there are empty food containers as well as a bed with obvious personal items. I call Greg Laviero of Laviero Construction and we survey the building. We come to a consensus that the structure has had a catastrophic failure and cannot be repaired. I order the building immediately demolished and authorize the work to take place.

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Copyright 2007. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

November 13, 2007

Morin says he had no choice except to knock down old house

City Building Official Guy Morin said his decision last Thursday to condemn the oldest house on Main Street was necessary because the structure was unsafe.
Morin said he condemned the house at 313 Main St., which belonged to Ken Karl, because its rear half had failed.
“The back was starting to fall off. It was collapsing in on itself,” Morin said. “It was scary.”
Karl had opened the back of the house up to the weather and rain this fall had caused saturated plaster to fall, boards to warp and other problems to develop, according to Morin.
Morin said Karl yanked out the bearing walls inside so the house had become fundamentally unsafe.
“This was just awful inside,” Morin said.
Since the city sold the Federal-style house and the property to Karl in 2004 for $1 – for his part, he paid to have it moved across the street to make way a new library parking lot – officials have fought with Karl over the slow pace of renovations.
Morin said he did not act under political pressure.
“I was forbidden to talk to anybody on the council” by Mayor William Stortz, Morin said, so he didn’t. He made the decision himself, though he sent Stortz a memorandum a month earlier outlining what was going on.
Morin said the mayor and city attorney’s office knew what he was doing. They never notified the public.
Morin said that he couldn’t even allow Karl to have electrical power in the building because the work inside was “so poorly done” that he worried it would go up in flames.
Tom Lavigne, the city’s code enforcement officer, said the house sat on its foundation in such a way that it would have been all too easy for someone to tumble 10 feet into the basement.
Morin said he made it “very clear” to Karl that he considered the building unsafe and that something had to be done to fix it quickly. But Karl never offered any sort of competent plan that showed he could do it, Morin said.
“It was obvious that he didn't know what he was doing,” Morin said.
Both Lavigne and Morin said Karl admitted to them that he didn't know how to repair the old house.
By the time Morin ordered the house razed, Lavigne said, he was afraid to go inside.
Lavigne, a former city councilor, said Karl “had hundreds of opportunities” to prevent the destruction of the house, but botched them all. He said the city “bent over backward” to be fair to Karl, but it was no use. He said Karl had no money or skills that would allow him to do what was needed.
Morin said he did the right thing last Thursday when he declared the house a hazard. He said he called Laviero Construction that afternoon to see how quickly it could send a crew over to knock down the house.
The company came Friday and did the job for about $17,000, Morin said. A lien for the cost will be placed on the property, he said, so Karl is responsible for paying the money back.
Lavigne said he watched the house come down. He said it collapsed “like a house of cards” with only a tap from a crane. He said he was astonished how fast it disintegrated.
Morin said he began talking with Karl in May and spoke to him regularly for months. In that time, he said, he warned Karl that he needed to show with specific plans how he intended to restore the house and ensure its soundness.
Karl never complied, Morin said.
Morin said that Karl had stripped away any historic value from the house. It no longer had the antique mantle or staircase railing that made it special when Karl took possession, Morin said.
“The center fireplace was all concrete block,” Morin said.
The stairs that once curved gracefully to the second floor were a wreck, Morin said.
“He ruined the historic value of the house,” said Lavigne.
The cabinetry inside the house was useless junk, both Lavigne and Morin said. They said Karl collected used cabinets from people who were throwing them out because they were no good any longer.
The site where the house stood holds nothing more than bulldozed dirt now, with some bricks, boulders and a few broken boards strewn around. A half-dozen dead mums are planted off to one side.
Morin said a fire-damaged house at 390 Main St., also on the city's historic registry, is going to be demolished soon. The owner is picking up the tab rather than have the city hire a contractor, he said.

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Copyright 2007. All rights reserved.
Contact Steve Collins at scollins@bristolpress.com

May 22, 2007

Another council candidate joins the fray

Carpenters' union official Bruce Lydem, who's been active in Democratic politics for years, said Tuesday he's going to run for a 2nd District City Council seat.
Lydem said he didn't make an announcement at the town committee session Monday night because he had a few more people to discuss the move with before disclosing his plans.
Lydem would be on the ticket with first-term Democratic Councilor Kevin McCauley, assuming no other candidates emerge.
The Democrats have an opening for a council slot in the district because third-term Councilor Ellen Zoppo opted to run for mayor this time around.
Lydem, who lost a council primary in 2003 to Tom Lavigne (who, in turn, lost his seat in a 2005 primary to McCauley), is widely respected in Democratic circles for his campaign efforts, grace in defeat and calm demeanor.
Lydem said he doesn't know if others are interested in running as well.
But, he added, "I hope there is no primary."
One Republican challenger has emerged in the district, Ken Cockayne, who has served on the city's Roberts Committee since its beginnings back in the Nicastro administration.