2003 October Common Council Minutes

TO:     Mayor Mark D. Boughton and Members of the Common Council

RE:     Minutes of the Common Council Meeting held October 7, 2003

        The meeting was called to order at 7:30 P.M. The Pledge of Allegiance and Prayer were recited. The Members were recorded as:

        PRESENT – Nolan, McAllister, Null, Coladarci, Kelly, Buzaid, Visconti, Machado, Rotello, Scozzafava, Levy, Esposito, Saadi, Dittrich, Basso, Darius, Furtado, Gogliettino, Moore, Neptune, Setaro

        21 Present

PUBLIC SPEAKING

Rosty Slabicki, 105 Deer Hill Avenue – asked that the Common Council vote for the entire bond package.

Mary Reynolds, 15 Library Place – Believes that we still need a Tree Advisory Commission.

Lauren Nicolletti, 23 Bragdon Avenue – Spoke in favor of the angioplasty resolution.

Margaret Mitchell, 2 Park Place and Main Street – asked that $1,000,000 be added to the bond package for the East Ditch. Submitted a petition by church members.

Norma Starling, 19 Prospect Street – spoke regarding flooding at her church. Wants money added to the bond package. Submitted a petition by church members.

Gregory Wencek, 9 Silcam Drive – read a prepared statement in support of the bond package.

Rob Melillo, 1 Lois Street – spoke concerning National Youth Service Day

Sally Roscoe, 18 Old Farm Road – spoke regarding the sewage problem on Old Farm Road

Jill Lounsbury, 4 Barnard Drive – supports passage of the entire bond package

MINUTES – Minutes of the Common Council Meeting held September 3, 2003. Mr. Levy made a motion that the minutes be adopted as presented and the reading waived as all members have copies, which are on file in the clerk’s office for public inspection. Seconded by Mr. Scozzafava. Motion carried unanimously.

CONSENT CALENDAR – Mr. Esposito submitted the following items for the Consent Calendar:

2 – Adopt the resolution to abate taxes per the Connecticut General Statutes 8-215, as amended on the property owned by Beaver Street Apartments, Inc. as described.

3 – Adopt the revised resolution to apply for and accept funding from the State of Connecticut Department of Public Health in the amount of $70,077 for a program to promote optimal public health quality as described.

4 – Adopted the revised resolution to apply for and accept funding from the State of Connecticut Department of Public Health in the amount of $14,145 for a Youth Violence Prevention program as described.

5 – Adopted the revised resolution to apply for and accept funding from the State of Connecticut Department of Social Services for the Before and After School Child Care Program as described.

6 – Adopt the Resolution to apply for and accept funding from the State of Connecticut Department of Transportation in the amount of $9,450 for the Danbury Police Department Driving Under the Influence Enforcement Program as described.

7 – Adopt the Resolution to apply for and accept funding from the State of Connecticut Department of Transportation in the amount of $40,275 for the Danbury Police Department Driving Under the Influence Enforcement expanded program as described.

8 – Adopt the resolution to authorize the Mayor to sign the First Supplemental Agreement for the Construction, Inspection and Maintenance of the Main Street North Streetscape project as described.

17 – Adopt the resolution to apply for and accept funding from Youth Services America in the amount of $2,000 for a Youth Commission program to mobilize young future community leaders as described.

20 – Approve the appropriation of $6,500 to be transferred to the Parks Department account 7002.5501 Maintain Land & Grounds as described.

21 – Receive the communication regarding Public Ac 03-177 sewer extensions and adopt the recommendations.

24 – Approve the lease renewal and authorize the Mayor to sign the agreement between the City of Danbury and the Federal Aviation Administration as described.

30 – Approve the request from Nancy’s Farm, Inc. to extend a sewer and water approval at Oil Mill Road for eighteen months.

37 – Approve the discontinuance of International Drive, together with acceptance of certain easements for water and sewer subject to conditions of Corporation Counsel and Director of Public Works.

39 – Receive the report regarding Old Forty Acre Mountain Road and take no action at this time.

40 – Receive reports and approve the request to change the name of Sunnyfield Drive to Robin Hood Road. Notify the Postal Service, City Departments and install new signage.

41 – Receive the report regarding a request to lease or purchase land on Griffing Avenue and take no action.

42 – Receive the report regarding land use complaints procedures.

44 – Receive the report regarding a repeal of the Tree Advisory Commission and adopt the ordinance.

45 – Receive the report regarding delinquent motor vehicle tax and adopt the ordinance.

46 – Receive the report regarding the schedule of termination of government entities and adopt the ordinance.

47 – Receive the report regarding an Architectural Review Board and approve the recommendations.

48 – Receive the report regarding a request for a water extension at 22 Second Avenue and approve the recommendations.

49 – Receive the report regarding a sewer and water extension on Mountainview Terrace and approve the recommendations.

50 – Receive the report regarding traffic problems on Wooster Heights and approve the recommendations.

51 – Receive the report regarding a sewer extension at 56 Benson Drive and approve its recommendations.

53 – Receive the report regarding Blight Remediation and defer the ordinance to public hearing.

54 – Receive the report regarding sewer and water assessment process and approve the recommendations.

1 – ORDINANCE – Manufacturing Facility Personal Property Tax

Mr. Darius asked that this be deferred to an ad hoc committee, the Corporation Counsel and the Director of Finance. Mayor Boughton so ordered and appointed Council Members Levy, Saadi and Nolan to the committee.

2 – RESOLUTION – Beaver Street Apartments Tax Abatement

RESOLVED by the Common Council of the City of Danbury:

WHEREAS, it is desirable and in the public interest that the City of Danbury abate taxes under 8-215 of the Connecticut General Statute, as amended, on the property owned by Beaver Street Apartments, Inc. located at Beaver Street and Rose Street in Danbury, known as Beaver Street Apartments; and

WHEREAS, the City of Danbury has approved abatement of up to 100% of the real property taxes on the subject property by resolution of the Common Council of the City of Danbury, adopted on October 3, 1973, and has executed a Tax Abatement Assistance Agreement with the State of Connecticut on September 30, 1973; and

WHEREAS, it is necessary to modify the aforesaid Tax Abatement Agreement with the State of Connecticut to reflect a revised tax assessment on the subject property of $2,060,360; and

WHEREAS, it has been determined that the amount of taxes to be abated on the subject property is not to exceed $26,000,000 for the Grand List of October 1, 2002.

NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF DANBURY:

1.      That the city of Danbury hereby abates up to one hundred percent of the ad valorem taxes applicable to the property described above for a period of not more than forty (40) consecutive years;

2.      That the Mayor of the City of Danbury is hereby authorized, directed and empowered in the name of and on behalf of the City of Danbury to execute the Tax Abatement Contract described above and to execute any amendments, revisions and recisions of said contract in the name of and on behalf of the City of Danbury.

3.      That the real property taxes abated on the subject property are not to exceed $26,000.00 for the Grand List of October 1, 2002;

4.      That the Tax Collector of the City of Danbury is hereby directed and empowered to list the total amount of the said lawful abatement into the Rate Book and other records and files, together with the name of the owner against whom such tax so abated was levied and the reason for such abatement, and the Tax Collector is further directed to record these facts in her Annual Report in accordance with the provisions of 12-167 of the Connecticut General Statutes as amended.

5.      That the Tax Collector of the City of Danbury is also directed to immediately file a certified statement as evidence of said abatement with the Commissioner of the Department of Housing;

6.      That the Tax Collector of the City of Danbury is also directed to refund all tax payments received from Beaver Street Apartments, Inc. or its representatives in connection herewith to the extent that said funds are reimbursable by the State of Connecticut through its Department of Economic and Community Development.

The Resolution to abate taxes per the Connecticut General Statutes 8-215, as amended on the property owned by Beaver Street Apartments, Inc. was adopted on the Consent Calendar.

3 – RESOLUTION – Per Capita Grant

RESOLVED by the Common Council of the City of Danbury:

WHEREAS, the State of Connecticut Department of Public Health has made additional per capita funds available for 2003-2004 to municipalities in accordance with Section 19a-202 of the Connecticut General Statutes; and

WHEREAS, the City of Danbury through the Danbury Health and Housing Department has formulated an amended program to promote optimal public health quality in the City of Danbury; and

WHEREAS, a continuation grant award application for $70,077.00 with no local match requirement will be processed by the Danbury Health and Housing Department for a grant term of July 1 2003 through June 30, 2004.

NOW, THEREFORE, BE IT RESOLVED THAT the Mayor of the City of Danbury, Mark D. Boughton, is hereby authorized to apply for and accept said per capita grant funds of $70,077.00 to execute all contracts or amendments thereof concerning said grant and to take all necessary actions to effectuate the purposes thereof.

The revised resolution to apply for and accept funding from the State of Connecticut Department of Public Health in the amount of $70,077 for a program to promote optimal public health quality was adopted on the Consent Calendar.

4 – RESOLUTION – Preventive Health Care Block Grant

RESOLVED by the Common Council of the City of Danbury:

WHEREAS, the State of Connecticut Department of Public Health has notified the City of Danbury Health and Housing Department that it is eligible to apply for a Preventive Health and Health Services Block Grant in an amount not to exceed $14,145.00; and

WHEREAS, of said amount this Council had already authorized application for $14,057.00 on July 1, 2003; and

WHEREAS, the amended grant will continue to cover the period of July 1, 2003 through June 30, 2004 with no local in-kind match; and

WHEREAS, the funding will be used for a Youth Violence Prevention program in conjunction with the School Based Health Centers located at Danbury High School and Broadview Middle School.

NOW, THEREFORE, BE IT RESOLVED THAT Mark D. Boughton, Mayor of the City of Danbury is hereby authorized to apply for said funds from the Connecticut Department of Public Health and to accept the grant, if awarded.

AND, FURTHER, Mayor Mark D. Boughton is hereby authorized to execute all contracts/agreements in connection therewith and to do all things necessary to effectuate the purposes of said grant.

The revised resolution to apply for and accept funding from the State of Connecticut Department of Public Health in the amount of $14,145 for a Youth Violence Prevention program was adopted on the Consent Calendar.

5– RESOLUTION – Before and After School Program

RESOLVED by the Common Council of the City of Danbury:

WHEREAS, the State of Connecticut, Department of Social Services, will make grant funds available to Connecticut municipalities;

WHEREAS, the State of Connecticut, Department of Social Services, will award these funds to the Danbury Public Schools for use in the Before and After School Child Care program to provide day care services to 600 school age children;

WHEREAS, these funds, if awarded, would be used for the Before and After School Program for the grant period of July 1, 2003 through June 30, 2004 for the 2003-04 school year;

WHEREAS, the City of Danbury is eligible to receive grant funds up to the amount of $43,479.00; and

WHEREAS, no local cash match is required.

NOW, THEREFORE, BE IT RESOLVED THAT Mark D. Boughton as Mayor of the City of Danbury is hereby authorized to apply for said grant funds and to sign all documents necessary and do all things necessary to effectuate the purposes of said program.

The revised resolution to apply for and accept funding from the State of Connecticut Department of Social Services for the Before and After School Child Care Program was adopted on the Consent Calendar.

6 – RESOLUTION – 2004 Thanksgiving/Christmas/New Year Driving Under the Influence
      Enforcement Grant

RESOLVED by the Common Council of the City of Danbury:

WHEREAS, the State of Connecticut Department of Transportation, Division of Highway Safety has made a grant available in the amount of $9,450.00 for the 2003-2004 Thanksgiving/Christmas/New Year Driving Under the Influence Enforcement Program; and

WHEREAS, an equal local cash match of $4,050.00 is required in order to reach the total cost of the program, which is $13,500.00.

NOW, THEREFORE, BE IT RESOLVED THAT Mayor Mark D. Boughton is hereby authorized to apply for said grant and to accept grant funds if approved, and Mayor Mark D. Boughton is authorized to sign all contracts necessary to effectuate the purposes of said grant. Any prior acts of the Mayor in applying for such grant funds are hereby ratified.

The resolution to apply for and accept funding from the State of Connecticut Department of Transportation in the amount of $9,450 for the Danbury Police Department Driving Under the Influence Enforcement Program was adopted on the Consent Calendar.

7 – RESOLUTION – Expanded Driving Under the Influence Enforcement Program

RESOLVED by the Common Council of the City of Danbury:

WHEREAS, the State of Connecticut Department of Transportation, Division of Highway Safety has made a grant available in the amount of $40,275.00 for the 2004 Expanded Driving Under the Influence Enforcement Program; and

WHEREAS, a 25% local cash match, in the amount of $13,425.00 is required in order to reach the total cost of the program, which is $53,700.00.

NOW, THEREFORE, BE IT RESOLVED THAT Mayor Mark D. Boughton is hereby authorized to apply for said grant and to accept grant funds if approved, and Mayor Mark D. Boughton is authorized to sign all contracts necessary to effectuate the purposes of said grant. Any prior acts of the Mayor in applying for such grant funds are hereby ratified.

The resolution to apply for and accept funding from the State of Connecticut Department of Transportation in the amount of $40,275 for the Danbury Police Department Driving Under the Influence Enforcement expanded program was adopted on the Consent Calendar.

8 – RESOLUTION – Main Street North Streetscape

RESOLVED by the Common Council of the City of Danbury:

State Project No.: 34-302
Federal Aid Project No.: TEA-1034(104)

Description: First Supplemental Agreement to the Original Agreement dated October 21, 2002 between the State of Connecticut and the City of Danbury for the construction, inspection and maintenance of the Main Street North Streetscape utilizing Federal funds under the enhancement component of the Surface Transportation Program.

RESOLVED, that Mark D. Boughton, Mayor, be and hereby is authorized to sign the agreement entitled “First Supplemental Agreement to the Original Agreement Dated October 21, 2002 Between the State of Connecticut and the City of Danbury for the Construction, Inspection and Maintenance of the Main Street North Streetscape Utilizing Federal Funds Under the Enhancement Component of the Surface Transportation Program,” together with such other documents as may be necessary for the accomplishment of the purposes hereof.

The resolution to authorize the Mayor to sign the First Supplemental Agreement for the Construction, Inspection and Maintenance of the Main Street North Streetscape project was adopted on the Consent Calendar.

9 – RESOLUTION – Cell Phone Restrictions

RESOLVED by the Common Council of the City of Danbury:

WHEREAS, Common Council meetings and hearings are open to the public; and

WHEREAS, members of the public are encouraged to attend and, when appropriate, participate in these important governmental assemblies; and

WHEREAS, the deliberative process that lies at the heart of such assemblies requires that each speaker be heard and understood without interruption or distraction; and

WHEREAS, the use of cellular telephones or similar devices, including pagers, in the Common Council Chamber by members of the public during Council meetings or public hearings is disruptive, distracting and tends to impair the proper conduct of public business;

NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF DANBURY THAT the use of cellular telephones or similar devices, including pagers, in the Common Council Chamber by members of the public during Council meetings or public hearings shall not be permitted and that appropriate signage shall be posted in the chamber to provide proper notice thereof.

Mr. McAllister moved to receive the communication and adopt the resolution. Seconded by Mr. Visconti. Motion carried unanimously.

10 – RESOLUTION – Angioplasty and Open Heart Surgery Services

Mr. Esposito asked that this be referred to the Director of Health for a report back within thirty days. Mayor Boughton so ordered.

11 – COMMUNICATION – Appointments to Position of Police Officer

Letter from Mayor Mark Boughton requesting confirmation of the appointments of Roger Hancock and Glenn J. Utter to the position of police officer in the Danbury Police Department. Mr. McAllister made a motion that the communication be received and the appointments confirmed. Seconded by Mr. Scozzafava. Motion carried unanimously.

12 – COMMUNICATION – Appointment as Police Officer

Letter from Mayor Boughton requesting confirmation of the appointment of Jason W. Bourdeau as a police office in the Danbury Police Department. Mr. Nolan made a motion to receive the communication and confirm the appointment. Seconded by Mr. Esposito. Motion carried unanimously.

13 – COMMUNICATION – Donation to the Library

Letter from Library Director Betsy McDonough requesting permission to accept a donation from the Women’s Club of Danbury in the amount of $35.00. Mr. Furtado made a motion to receive the communication, accept the donation, credit the appropriate line item and send a letter of thanks. Seconded by Mr. Moore. Motion carried unanimously.

14 – COMMUNICATION – Donations to the Fire and Police Departments

Letter from Director of Finance Dena Diorio requesting permission to accept a donation from Boehringer Ingelheim Cares Foundation in the amount of $911 to be divided evenly between the Police and Fire Departments. Mr. McAllister made a motion to receive the communication, accept the donation, credit the appropriate line items and send a letter of thanks. Seconded by Mr. Darius. Motion carried unanimously.

15 – COMMUNICATION – Donation to the Public Buildings Department

Letter from Superintendent of Public Buildings Richard Palanzo requesting permission to accept a donation of ninety gallons of exterior acrylic latex paint from Mark Deysenroth. Mr. Nolan made a motion to receive the communication, accept the donation and send a letter of thanks. Seconded by Ms. Neptune. Motion carried unanimously.

16 – COMMUNICATION – Donations to the Department of Elderly Services

Letter from Director of Elderly Services Susan Tomanio Turner requesting permission to accept donations in the total amount of $200 for the use of the Senior Center. Mrs. Basso made a motion to receive the communication, accept the donations, credit the appropriate line items and send letters of thanks. Seconded by Mr. Furtado. Motion carried unanimously.

17 – COMMUNICATION – National Youth Service Day

Letter from Mayor Mark D. Boughton asking for authorization for the Youth Commission to apply for a $2,000 grant to Youth Service America to be used for National Youth Service Day. The resolution to apply for and accept funding from Youth Services America in the amount of $2,000 for a Youth Commission program to mobilize young future community leaders was adopted on the Consent Calendar.

18 – COMMUNICATION – Iraqi town Sponsorship Program

Mr. Moore asked that this be referred to an ad hoc committee and the Corporation Counsel. Mayor Boughton so ordered and appointed Council Members Gogliettino to the committee.

19 – COMMUNICATION – Certified Local Government Program

Mr. Nolan asked that this be referred to an ad hoc committee, the Corporation Counsel, the Director of Planning and a representative of WCSU. Mayor Boughton so ordered and appointed Council Members Moore, Buzaid and Nolan to the committee.

20 – COMMUNICATION – Bear Mountain Hiking Trails

Request from Director of Parks and Recreation Robert Ryerson requesting that the sum of $6,500 accrued in the property rental fund at Bear Mountain cottage be used to clean up the hiking trails and three meadows at Bear Mountain Reservation. The appropriation of $6,500 to the Parks and Recreation Maintain Land & Grounds account was authorized on the Consent Calendar.

21 – COMMUNICATION – Sewer Extension Requests – Public Act 03-177

Letter from Deputy Corporation Counsel Eric Gottschalk requesting that all requests for permission to extend sewers at the expense of the applicant be sent immediately upon receipt to the Planning Commission for a report pursuant to section 8-24 of the Connecticut General Statutes. The communication was received and its recommendations adopted on the Consent Calendar.

22 – COMMUNICATION – Agreement with Connecticut Light and Power

Letter from Director of Finance Dena Diorio requesting that the Common Council enter into a Release and Settlement Agreement with CL&P as a result of an audit whereby CL&P has agreed to reimburse the City $133,955.15 for billing discrepancies going back to 1996.

Mr. Gogliettino moved to receive the communication and approve the agreement. Seconded by Mr. Nolan. On a question from Mr. Darius, Attorney Gottschalk explained the removal of the confidentially clause and a subsequent side letter contained in the packet. Motion carried unanimously.

23 – COMMUNICATION – Candlewood Terrace Condominium Association

Letter from Director of Public Works William Buckley requesting authorization to proceed with the Candlewood Terrace Condominium Association construction project. Mr. McAllister made a motion to receive the communication and authorize the construction of the project to proceed. Seconded by Mrs. Coladarci. Motion carried unanimously.

24 – COMMUNICATION – Lease Agreement – Airport Transmitter/Receiver Outlet

Lease agreement that would permit the FAA to continue to lease a small space in the Administration Building to keep and maintain transmitter and receiver equipment.

The lease was approved on the Consent Calendar and the Mayor was authorized to sign the agreement between the City and the FAA.

25 – COMMUNICATION – Bear Mountain Cottage Lease

Mr. Nolan asked that this be referred to an ad hoc committee, the Corporation Counsel and the Director of Parks and Recreation. Mayor Boughton so ordered and appointed Council Members Saadi, Coladarci and Basso to the committee.

26 – COMMUNICATION – Old Farm Road Private Sewer Line

Letter from Director of Health William Campbell requesting that the Old Farm Road private sewer line be given priority for sewer extension in order to eliminate the public health hazard that its currently present.

Mr. McAllister made a motion to receive the communication, give this project priority and refer it to the Planning Commission. Seconded by Mr. Nolan. Motion carried unanimously.

27 – COMMUNICATION – Request for Sewer and Water Extensions – 1-3 Mannions Lane

Mr. Moore asked that this be referred to an ad hoc committee, the Director of Public Works and the Planning Commission. Mayor Boughton so ordered and appointed Council Members Esposito, Saadi and Basso to the committee.

28 – COMMUNICATION – Request for Sewer and Water Extensions – Eagle Road

Mr. McAllister asked that this be referred to an ad hoc committee, the Director of Public Works and the Planning Commission. Mayor Boughton so ordered and appointed Council Members Esposito, Saadi and Basso to the committee.

29 – COMMUNICATION – Request for Sewer and Water Extensions – 16-18 Hayestown Road

Mr. McAllister asked that this be referred to an ad hoc committee, the Director of Public Works and the Planning Commission. Mayor Boughton so ordered and appointed Council Members McAllister, Visconti and Nolan to the committee.

30 – COMMUNICATION – Burton’s Bridge – Oil Mill Road

Request from Attorney David Grogins that the above sewer and water extensions granted on February 2, 2002 be extended for an eighteen-month period. The extension of time was granted on the Consent Calendar.

31 – COMMUNICATION – Request to Purchase Property at 9 Monarch Road

Mr. McAllister asked that this be referred to the Director of Public Works, the Corporation Counsel and the Planning Commission for reports back within thirty days. Mayor Boughton so ordered.

32 – COMMUNICATION – Drainage Problem – Karen Road

Mrs. Basso asked that this be referred to the Director of Public Works, the Corporation Counsel and the Planning Commission for reports back within thirty days. Mayor Boughton so ordered.

33 – COMMUNICATION – Conveyance of Parcel B off Ironwood Road to the City

Mr. McAllister asked that this be referred to the Corporation Counsel, the Director of Public Works and the Planning Commission for reports back within thirty days. Mayor Boughton so ordered.

34 – COMMUNICATION – Wooster School – Miry Brook Sewer Extension

Mr. Moore asked that this be referred to an ad hoc committee, the Corporation Counsel and the Director of Public Works. Mayor Boughton so ordered and appointed Council Members Furtado, Rotello and Basso to the committee.

35 – COMMUNICATION – Flirtation Drive

Mr. Nolan asked that this be referred to the Director of Public Works, the Director of Planning and the Planning Commission for reports back within thirty days. Mayor Boughton so ordered.

36 – COMMUNICATION – Lease with UB Danbury, Inc. – 20 Backus Avenue

Mr. Saadi asked that this be referred to an ad hoc committee, the Corporation Counsel and the Tax Assessor. Mayor Boughton so ordered and appointed Council Members Machado, Rotello and Scozzafava to the committee.

37 – COMMUNICATION – Reports regarding Discontinuance of International Drive

Reports from the Corporation Counsel, the Planning Commission and the Director of Public Works recommending approval of the request.

The discontinuance of International Drive, together with acceptance of certain easements for water and sewer subject to conditions of the Corporation Counsel and Director of Public Works was approved on the Consent Calendar.

38 – COMMUNICATION – Reports regarding request to purchase land on Terrace Street

Mr. Nolan asked that this be referred to an ad hoc committee, the Director of Public Works and the Corporation Counsel. Mayor Boughton so ordered and appointed Council Members Levy, Machado and Nolan to the committee.

39 – COMMUNICATION – Reports regarding Old Forty Acre Mountain Road

Reports from the Director of Public Works and the Corporation Counsel stating that the City does not have the responsibility for maintaining the private gravel portion of Old Forty Acre Mountain Road.

The reports were received on the Consent Calendar and no action taken at this time.

40 – COMMUNICATION – Reports regarding Sunnyfield Drive

Reports from the Corporation Counsel and the Director of Public Works and the Planning Director giving a positive recommendation for removal of the Sunnyfield Drive sign.

The reports were received and the request to change the name of Sunnyfield Drive to Robin Hood Road was approved on the Consent Calendar.

41 – COMMUNICATION – Reports regarding Griffing Avenue

Reports from the Director of Public Works and the Corporation Counsel recommending that the City property be left intact.

The reports were received on the Consent Calendar and no action taken.

42 – COMMUNICATION – Report regarding Land use Complaints Procedure

Report from the Corporation Counsel stating that while there is no formal coordinated or multi-departmental complaint clearinghouse, complaints involving one or more issues may find there way initially to the Mayor’s Office and then be directed to the appropriate department.

The report was received on the Consent Calendar.

43 – REPORT & ORDINANCE – 21^ST Century Danbury Bond Issue

Mr. Levy submitted the following report:

The Common Council met as a committee of the whole immediately following a public hearing on September 22, 2003 in the Common Council Chambers.

        Mr. McAllister made a motion to recommend approval of the 21^st Century Danbury Bond Issue. Seconded by Mr. Scozzafava.

        Mr. Setaro offered an amendment that the bond issue be divided into two questions, one for the schools portion to include Immanuel Lutheran and the Parks and Recreation portion for work to be done on the schools fields, and the second containing all the remaining items. Seconded by Mrs. Coladarci.

        After discussion, Mr. Gogliettino made a motion to move the question. Seconded by Mr. McAllister. Motion carried with Council Members Kelly, Coladarci and Basso voting in the negative.

        The amendment to divide the question failed on a 7-7 tie vote with Council Members Null, Kelly, Coladarci, Buzaid, Visconti, Furtado and Setaro voting in the affirmative and Council Members Nolan, McAllister, Scozzafava, Levy, Esposito, Basso and Gogliettino voting in the negative.

        Mr. Nolan offered an amendment to add $1,500,000 to the bond package to the Repair/Rebuild Highways & Drainage section. Seconded by Mr. Scozzafava.

        After discussion Mr. McAllister made a motion to move the question. Seconded by Mr. Visconti. Motion carried with Council Members Nolan, Basso and Furtado voting in the negative.

        The amendment to add $1,500,000 to the bond package for Repair/Rebuild Highways & Drainage failed 4- 10 vote with Council Members Nolan, Visconti, Scozzafava and Basso voting yes and Council Members McAllister, Null, Kelly, Coladarci, Buzaid, Levy, Esposito, Furtado, Gogliettino and Setaro voting no.

        Mrs. Basso offered an amendment to add $850,000 to the bond package for the aerial fire truck. Seconded by Mr. Furtado.

        After discussion, Mr. Furtado made a motion to move the question. Seconded by Mr. Gogliettino. Motion carried unanimously.

        The amendment to add $850,000 to the bond package for the aerial ladder fire truck passed on a 8-6 vote with Council Members Nolan, Buzaid, Visconti, Scozzafava, Basso, Furtado, Gogliettino and Setaro voting yes and Council Members McAllister, Null, Kelly, Coladarci, Levy and Esposito voting no.

        The main motion, as amended, carried unanimously.

Mr. McAllister made a motion to receive the report and adopt its recommendations. Seconded by Mr. Gogliettino.

After discussion, Mr. Darius offered an amendment to add $1,000,000 to the bond package dedicated to the East Ditch project. Seconded by Mrs. Basso.

Mr. Nolan asked if the ordinance would have to be referred back to public hearing? Attorney Gottschalk stated that the change is substantial enough that it would have to go back to public hearing. There is more than adequate time to do so and still comply with statutory requirements to get it on the March ballot.

After further discussion, Mr. McAllister moved the question. Seconded by Mrs. Coladarci. Motion carried.

Amendment to add $,1,000,000 for the East Ditch carried 11 –10 with the members voting as follows:

YES – Nolan, Null, Visconti, Machado, Rotello, Scozzafava, Dittrich, Basso, Darius, Neptune, Setaro

NO – McAllister, Coladarci, Kelly, Buzaid, Levy, Esposito, Saadi, Furtado, Gogliettino, Moore

11 yes – 10 No

Mr. Saadi offered a further amendment to defer the ordinance back to public hearing. Seconded by Mr. Nolan. Motion carried unanimously.

Main motion, as amended, passed with Council Members McAllister and Coladarci voting in the negative.

44 – REPORT & ORDINANCE – Repeal of Tree Advisory Committee

Mr. Levy submitted the following report:

The Common Council met as a committee of the whole immediately following a public hearing on September 22, 2003 in the Common Council Chambers.

Ms. Coladarci made a motion to recommend adoption of the ordinance. Seconded by Mr. Furtado. Motion carried unanimously.

Be it ordained by the Common Council of the City of Danbury:

THAT the Code of Ordinance of Danbury, Connecticut is hereby amended by repealing section 2-56.15, entitled, “Tree advisory commission.” Said repeal shall be effective on June 3, 2004.

The Report was received on the Consent Calendar and the ordinance adopted.

45 – REPORT & ORDINANCE – Delinquent Motor Vehicle Tax

Mr. Levy submitted the following report and ordinance:

The Common Council met as a committee of the whole immediately following a public hearing on September 22, 2003 in the Common Council Chambers.

Mr. McAllister made a motion to recommend adoption of the ordinance. Seconded by Mr. Gogliettino. Motion carried unanimously.

Be it ordained by the Common Council of the City of Danbury:

THAT the Code of Ordinances of Danbury, Connecticut is hereby amended by adding a section, to be numbered 18-31, which said section reads as follows:

Sec. 18-31. Delinquent motor vehicle property tax fee.

Any person who was delinquent in the payment of any property tax or installment on any motor vehicle and who the City of Danbury reported to the Commissioner of Motor Vehicles as delinquent under the provisions of section 14-33 of the Connecticut General Statutes, as amended, shall pay a fee of five dollars.

The report was received on the Consent Calendar and the ordinance adopted.

46 – REPORT & ORDINANCE – Schedule of Termination of Government Entities

Mr. Levy submitted the following report:

The Common Council met as a committee of the whole immediately following a public hearing on September 22, 2003 in the Common Council Chambers.

Mr. McAllister made a motion to recommend adoption of the ordinance. Seconded by Mrs. Coladarci. Motion carried unanimously.

Be it ordained by the Common Council of the City of Danbury:

THAT Section 2-176 of the Code of Ordinances of Danbury, Connecticut is hereby amended to read as follows:

Sec. 2-176. Schedule of termination of government entities.

(a)     The following governmental entities are terminated, effective June 30, 2004 unless re-established in accordance with the provisions of section 2-184:

(1)     The City of Danbury Cultural Commission.

(2)     The Commission on Aging.

(3)     The Parking Authority of the City of Danbury.

(b)     The following government entities are terminated, effective June 30, 2005, unless re-established in accordance with the provisions of Section 2-184:

(1)     The Redevelopment Agency of the City of Danbury.

(2)     The Housing Site Development Agency

(3)     The Flood and Erosion Control Board of the City of Danbury.

(4)     The Tarrywile Park Authority

(c)     The following governmental entities are terminated, effective June 30, 2006, unless re-established in accordance with the provisions of Section 2-184:

(1)     The Danbury Parks and Recreation Commission.

(2)     The Danbury Housing Partnership.

(3)     The Aviation Commission.

(4)     The Commission on the Status of Women.

(5)     The Lake Kenosia Commission.

(6)     The Economic Development Commission.

(7)     The Youth Commission.

(d)     The following governmental entities are terminated effective June 30, 2007, unless re-established in accordance with the provisions of Section 2-184:

(1)     The Commission for Persons with Disabilities.

(2)     The Danbury Aquifer Protection Agency.

(3)     The Fair Rent Commission.

(4)     The Board of Ethics

(e)     The following governmental entities are terminated, effective June 30, 2008, unless re-established in accordance with the provisions of Section 2-184:

(1)     The Stanley Lasker Richter Memorial Park Authority.

(2)     The Conservation Commission

(3)     The Environmental Impact Commission.

The report was received on the Consent Calendar and its recommendations adopted.

47 – REPORT – Architectural Review Board

Mr. Buzaid submitted the following report:

The Common Council Committee appointed to review an architectural review board met twice, first on October 30, 2002 and again on September 10, 2003. In attendance at the October meeting were committee members Buzaid, Moore and Nolan. Also in attendance were Director of Planning Dennis Elpern, Assistant Corporation Counsel Dan Casagrande, and Council President Warren Levy, ex-officio. In attendance at the September meeting were committee members Buzaid and Nolan.

        After discussion at the October meeting Mr. Nolan made a motion that Mr. Elpern and Attorney Casagrande develop a proposal to promote positive design in Danbury and report back to the committee. Seconded by Mr. Moore. Motion carried unanimously.

        At the September meeting, Mr. Buzaid reported that there has been action on the proposal.

        Mr. Nolan made a motion to take no action without prejudice. Seconded by Mr. Buzaid. Motion carried unanimously.

        The report was received on the Consent Calendar and its recommendations adopted.

48 – REPORT – Request for Water Extension – 22 Second Avenue

Mr. Buzaid submitted the following report:

The Common Council Committee appointed to review the request for water extension at 22 Second Avenue met on September 10, 2003 at 7:05 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Buzaid and Gogliettino. Also in attendance were Director of Public Works William Buckley, Ben Doto, the engineer for the petitioner, Lynn Morse of Covenant Construction and Council Members Levy and Basso, ex-officio.

        Mr. Buzaid noted the positive recommendation from the Planning Commission. Mr. Buckley said there is not adequate fire flow. The petitioner will replace the water line with an eight-inch pipe. The City will give the petitioner the materials and the petitioner will design and install it. The petitioner will pay for the engineering and installation costs. The length of the line is not to exceed 750 feet and the City will provide the eight-inch pipe, not to exceed 750 feet. This will require a ninth step.

        Mr. Gogliettino made a motion to recommend approval of the water extension, subject to the required eight steps and a ninth step providing up to 750 feet of eight-inch pipe. Seconded by Mr. Buzaid. Motion carried unanimously.

        The report was received on the Consent Calendar and its recommendations adopted.

49 – REPORT – Request for Sewer and Water Extensions – Mountainview Terrace

Mr. Esposito submitted the following report:

The Common Council Committee appointed to review the request for sewer and water extensions on Mountainview Terrace met on September 4, 2003 at 7:00 P.M. in the Common Council Chambers in City Hall. In attendance were committee members Esposito and Saadi. Also in attendance were Assistant City Engineer Patricia Ellsworth, Attorney Paul Jaber representing the petitioner, Doug DeVesta from Consultants and Engineers and Sharon Calitro.

        Mr. Esposito noted the positive recommendation from the Planning Commission. Ms. Ellsworth said that the project conceptually meets the City standards and pointed out the project on a site map. Attorney Jaber said he is interested in phasing in this project. Mr. Saadi said that could be done by adding a ninth step allowing phase-in.

        Mr. Saadi made a motion to approve the request for sewer and water extensions, subject to the required eight steps, and adding a ninth step allowing the project to be accepted in phases. Seconded by Mr. Esposito. Motion carried unanimously.

The report was received on the Consent Calendar and its recommendations adopted.

50 – REPORT – Traffic Problems on Wooster Heights Road

Mr. Moore submitted the following report:

The Common Council Committee appointed to review traffic problems on Wooster Heights Road met on September 18, 2003 at 6:40 P.M. in Conference Room 3C in City Hall. In attendance were committee members Moore, Rotello and Basso. Also in attendance were Council Member Val Machado, ex-officio and residents of the Wooster Heights area.

        Mr. Moore noted that Police Captain Daniel Mulvey submitted a letter outlining the history of the complaints and said again that a stop sign was not warranted. The letter stated that this issue is closed, but the Police Department will continue to periodically enforce traffic laws on Wooster Heights Road. Mr. Moore noted that the Chief of Police is the traffic authority and has complete control over signage and traffic lights.

        Mr. Rotello made a motion to suspend Robert’s Rules of Order to allow residents to speak. Seconded by Mrs. Basso. Motion carried unanimously. Several residents addressed the committee outlining experiences that have had with the amount of traffic and speeding in this neighborhood.

        Mrs. Basso made a motion to receive the report, have the police department look into signage and also use the new speed machine in the area and look into the possibility of a blinking light. Seconded by Mr. Rotello. Motion carried unanimously.

        The report was received on the Consent Calendar and its recommendations adopted.

51 – REPORT – Request for Sewer Extension – 56 Benson Drive

Mr. Machado submitted the following report:

The Common Council Committee appointed to review the request for water extension at 56 Benson Drive met on September 17, 2003 at 7:30 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Machado, Rotello and Basso. Also in attendance were the Director of Public Works William Buckley and the petitioner, Timothy Nolan.

        Mr. Machado noted the positive recommendation by the Planning Commission. Mr. Buckley noted that a request at 52 Benson Drive was recently approved and he recommends approval of this request subject to the required eight steps.

        Mrs. Basso made a motion to recommend approval of the request for sewer extension at 56 Benson Drive subject to the required eight steps. Seconded by Mr. Rotello. Motion carried unanimously.

               The report was received on the Consent Calendar and its recommendations adopted.

52 – REPORT – Lake Waubeeka Water System

Mr. Moore submitted the following report:

The Common Council Committee appointed to review the request for the City to take over the Lake Waubeeka Water System met on September 18, 2003 at 7:30 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Moore and Machado. Also in attendance were Director of Public Work William Buckley and the petitioner, Herb Krate.

        Mr. Moore pointed out that this is the second time this issue is being considered. The Planning Commission issued a negative recommendation both times. The previous committee recommended funding a feasibility study. The reason for the negative recommendations from the Planning Commission is that the system is outside the water service area.

        Mr. Buckley said that his recommendation is the same; that he be authorized to conduct a study of the water system and report back to the Common Council. The study will determine what is right or wrong with the system. Questions regarding this system are premature. The evaluation will cost $10,500 and funding will come from the water department budget. He will not use all the funds appropriated for pumping this year. Mr. Krate said that the State bureaucracy is getting very complicated and new regulations force them to hire engineers.

        Mr. Machado made a motion to authorize the feasibility study on the Lake Waubeeka Water System with the funding to come from the Water Department Budget. Seconded by Mr. Moore. Motion carried unanimously.

        Mr. Setaro made a motion to receive the report and adopt its recommendations. Seconded by Mrs. Coladarci. After discussion, Mr. McAllister made a motion to move the question. Seconded by Mr. Furtado. Motion carried. Motion to adopt the report failed with the members voting as follows:

        YES – Coladarci, Visconti, Machado, Darius, Furtado, Gogliettino, Moore, Neptune, Setaro

        NO – Nolan, McAllister, Null, Kelly, Buzaid, Rotello, Scozzafava, Levy, Esposito, Saadi, Dittrich, Basso

        9 Yes – 12 No

53 – REPORT & ORDINANCE – Blight Remediation

Mr. Saadi submitted the following report:

The Common Council Committee appointed to review a blight remediation ordinance met three times, first on May 21, 2003, on July 30, 2003 and finally on September 4, 2003. In attendance at all three meetings were committee members Saadi, Coladarci and Nolan, as well as Assistant Corporation Counsel Les Pinter. Also in attendance at the May 21^st meeting were Council Members Levy, Basso and John Esposito, ex-officio.

        Mr. Saadi stated that the purpose of this committee is to review blight and blight related issues on private property. At the May 21^st meeting, Mr. Saadi asked Attorney Pinter to put together a proposal offering owner incentives and waiver of fees, etc. Deferrals would have to be $25,000 in value.

        At the July 30^th meeting Attorney Pinter submitted a proposed ordinance. The proposal added section 10-86(d) as follows:

        As an incentive toward the full remediation of residential property designed blighted by the blight inspector, a purchaser or a prospective purchaser of such blighted property may make application to the City of Danbury for a waiver of fines and release of lien imposed in accordance with the provisions of this section. Said application shall specify the time frame of the sale and the proposed remediation. The applicant, once approved for this program, shall agree to execute an agreement which shall specify the time frame for remediation (which remediation shall occur within six months of closing of title), the specific improvements to be made, that the applicant shall maintain the property as owner occupied for a term of at least three (3) years from the date of remediation approval and that the applicant understands that such waiver or release shall only occur upon full remediation and approval of same by the blight inspector.

        In addition to the incentive proposed in subsection (d) hereof, a purchaser or proposed purchaser of residential property, may avail themselves of the tax deferral benefits set forth in City of Danbury ordinance Section 18-25, as may pertain to blighted residential property, except that the requirement of owner occupancy need not be required where said purchaser or prospective purchaser is eligible for and executes an agreement qualifying for tax deferral benefits pursuant to said Ordinance Section 18-25.

        Mr. Saadi stated that the first proposal correlates to what the committee asked for. As to the deferral, he stated his concern as to whether we want to require the application to be the prospective owner, not the current owner. He asked if the committee wanted to include everything that is included in the waiver of fees. Mr. Nolan stated that he believes it should be non-owner occupied since it is mostly commercial property. The deferment proposal should not be restricted to owner occupied because people may buy these properties for investment. Mr. Nolan stated that in the business property sense, we are not going to waive fees and penalties. We still want to give incentives to new owners to remediate blight. Mrs. Coladarci asked if there is still the incentive to fix the blight? The timeframe is still needed. Mr. Saadi asked that the redraft of the changes be sent to all committee members.

        At the September 4^th meeting, Mr. Saadi noted that Sec. 10-86 subsection 6 and Section 18-25 subsections b and d addresses the issue of occupancy and being a new purchaser or potential purchaser. Attorney Pinter outlined the changes he made.

        Mr. Saadi stated that Sec. 18-25 clarifies that residential use is for that property designated blight. He stated that this is distinct from fines or waiver of liens. The property does not need to be owner occupied to get a tax deferral. Owner occupancy is not required for a tax deferral. Mr. Nolan stated that this accomplishes everything that was of concern to the committee. He noted that Attorney Pinter had done a good job.

        Mr. Nolan stated that the question was posed with respect to same ownership, but a different entity. The same individual can own multiple entities. Is this something we should be aware of and should this be addressed in the ordinance? Attorney Pinter stated that someone who is prepared to be the recipient of the benefits should address this in the application. Mr. Saadi said that the intent of the committee is that the initial requirement is to submit some information to allow determination as to ownership, but he would hesitate to define this in the ordinance. The reviewing body should be allowed to make the determination. Attorney Pinter stated that the Common Council could request that the application include that the new buyer identify incidents of ownership in the existing property. Mr. Saadi said there should be a requirement that any applicant for benefits must disclose the corporation information including principals and officers, as well as partners of any LLC. This is a standard type of disclosure.

        Mr. Nolan made a motion to refer this ordinance to the Common Council for adoption, with the requirement that the application include disclosure. Seconded by Mrs. Coladarci. Motion carried unanimously.

        The report was received on the Consent Calendar and the ordinance deferred to public hearing.

54 – REPORT – Sewer and Water Assessment Process

Mrs. Coladarci submitted the following report:

The Common Council Committee appointed to review the sewer and water assessment process met twice, first on August 27, 2003 and again on September 23, 2003. In attendance at both meetings were committee members Coladarci, Furtado and Nolan. Also in attendance at both meeting were Director of Public Works William Buckley, Director of Public Works Dena Diorio and Deputy Corporation Counsel Eric Gottschalk. In attendance at the August 27^th meeting were Council Members Levy, McAllister, Kelly, Gogliettino and Saadi, ex-officio. In attendance at the September 23^rd meeting were Council Members Levy and Gogliettino, ex-officio.

        At the August 27^th meeting Ms. Coladarci asked Mr. Buckley for his suggestions. Mr. Buckley said that a problem occurs when a petition for sewers is denied, but the people can petition a week later and get back on the list. It does not go anywhere, but gets ahead of someone who really needs sewers. It should be a rule that if the answer is no, they cannot come back the next day. After the preliminary public hearing, if the Council approves the project, it goes out to bid, the sewer line is constructed and the final assessments calculated. The time between the preliminary public hearing and the final can be as much as four years.

        Mr. Buckley said he would like to try a few test cases. The Common Council added the mail survey in 1980. State Statute or City Ordinance does not require it. A required informational meeting would prolong the process. He would like to see the Common Council take the quality of the estimate that his department does for the mail survey and go right to a preliminary public hearing. They would do the quality of the design and the estimate that goes into the mail survey and then make a decision.

        Mr. Furtado asked if the Common Council could prohibit people from getting back on the list. Attorney Gottschalk said that the Common Council could do this. He stated that both sewer and water extensions require a public hearing prior to the adoption of the assessments. Property owners must be notified. A public hearing is not required before preliminary assessments for water, but is required for sewer. There is no requirement for a mail survey or an informational meeting.

        Mr. Buckley said he would like the Common Council to consider using Nancy Drive and Candlewood Terrace as test cases. Mr. Nolan said Nancy Drive would be a good test case for sewer assessment, but Candlewood Terrace would be a terrible test case because it is under State Health Department order. Mr. Nolan said he is not clear how, prior to a public hearing, the public is informed of the cost. If individuals do not understand the implications of not coming to the public hearing, they miss the opportunity to be heard. Mr. Buckley said that the informational sheet would explain the technical part. They could send in the survey return form and/or come to the public hearing.

        Mr. Furtado asked if the committee should table this until the test case is done or should a recommendation be made now? Mr. Nolan said that we need more information, not less. Mr. Nolan made a motion to continue the meeting at the call of the Chair.

        The Committee was called to order at 7:35 P.M. on September 23, 2003. Mr. Buckley handed out a draft of an information letter. Ms. Coladarci asked if we could make a motion that this will be a permanent procedure or a test procedure? Mr. Buckley went over the two test cases, Nancy Drive and Candlewood Terrace. He would like to bypass the first public hearing for water assessment projects since State Statute or City Ordinance does not require it. Mr. Buzaid said the committee could authorize Mr. Buckley to go forward with the Olive Street and Tilden Road sanitary sewer project. The question was asked if Candlewood Terrace should go back on the Council agenda? It would be cleaner to send it back to the Council.

        Mr. Nolan asked if the committee were to authorize this procedure change, how would the Common Council know what it has? How would we assess the outcome? Mr. Buckley said the Common Council would see the outcome at the public hearing and, if the Council would like, he would report back to them 60 days after the public hearing, the outcome of the test process. Attorney Gottschalk said that after the Common Council authorizes the project to commence, everything is the same. All changes have occurred.

        Mr. Nolan made a motion to recommend adoption of the revised procedure of assessment notification, combining the mail survey, with the public hearing as a test case, and eliminating the steps between the mail survey and public hearing. The combined mail survey results would be presented at the committee of the whole meeting immediately following the public hearing. Seconded by Mr. Furtado. Motion carried unanimously.

        The report was received on the Consent Calendar and its recommendations adopted.

55 – REPORT – Request for Sewer and Water Extensions – Crows Nest Lane

Mr. Esposito submitted the following report:

        The Common Council Committee appointed to review the request for sewer and water extension on Crows Nest Lane met on October 6, 2003 at 7:00 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Esposito, Saadi and Basso. Also in attendance were Director of Public Works William Buckley and the petitioner, Tony Lucera.

        Mr. Esposito noted the positive recommendation from the Planning Commission. Mr. Buckley stated that he would recommend approval subject to the required eight steps.

        Mr. Saadi made a motion to recommend approval of the request for sewer and water extensions on Crows Nest Lane subject to the required eight steps. Seconded by Mrs. Basso. Motion carried unanimously.

        Mr. McAllister made a motion to receive the report and adopt its recommendations. Seconded by Mrs. Basso. Motion carried unanimously.

56 – REPORT & ORDINANCE - $5,000,000 Bonds or Notes for Sewer Lines

Mr. Levy submitted the following report:

The Common Council met as a committee of the whole immediately following a public hearing on October 7, 2003 in the Common Council Chambers.

Mr. McAllister made a motion to receive the report and recommend adoption of the ordinance. Seconded by Mr. Nolan. Motion carried with Mr. Kelly voting in the negative.

        Mr. McAllister made a motion to receive the report and take no action. Seconded by Mr. Furtado. Motion carried unanimously.

57 – REPORT & ORDINANCE - $5,680,000 Bonds or Notes for Water System Improvements

Mr. Levy submitted the following report:

The Common Council met as a committee of the whole immediately following a public hearing on October 7, 2003 in the Common Council Chambers in City Hall.

        Mr. Nolan made a motion to receive the report and recommend adoption of the ordinance. Seconded by Mrs. Basso. Motion carried unanimously.

Mr. McAllister made a motion to receive the report and take no action. Seconded by Mr. Rotello. Motion carried unanimously.

58 – REPORT – Final Water Assessments – Spring Ridge & Deer Ridge

Mr. Levy submitted the following report:

The Common Council met as a committee of the whole immediately following a public hearing on October 7, 2003 in the Common Council Chambers.

Mr. McAllister made a motion to receive the report and recommend adoption of the final assessment. Seconded by Mr. Gogliettino. Motion carried unanimously.

Mr. Saadi made a motion to receive the report and adopt the final assessments. Seconded by Mr. Gogliettino. Motion carried unanimously.

59 – DEPARTMENT REPORTS – Fire Chief, Police Chief, Fire Marshall, Public Works, Permit Center, Health and Housing, Parks and Recreation, Department of Elderly Services.

Mr. Levy made a motion to receive the reports and waive the reading as all members have copies, which are on file in the clerk’s office for public inspection. Seconded by Mr. McAllister. Motion carried unanimously.

60 – COMMUNICATION – Offer to sell land on Fairfield Ridge to the City. Mr. Levy made a motion that this be added to the agenda. Seconded by Mr. McAllister. Motion carried with Council Members Nolan, Null, Kelly, Dittrich and Basso voting in the negative.

Mr. Levy asked that this be referred to the Director of Public Works, the Corporation Counsel and the Planning Commission for reports back within thirty days. Mayor Boughton so ordered.

61 – COMMUNICATION – Request to Purchase Land on Robin Hood from the City

Mr. Levy made a motion that this be added to the agenda. Seconded by Mr. McAllister. Motion carried with Council Members Nolan, Null, Dittrich and Basso voting in the negative.

Mr. Saadi made a motion to reconsider the item. Seconded by Mr. McAllister. Motion carried unanimously.

Mrs. Basso asked that this be referred to an ad hoc committee, the Director of Public Works, the Corporation Counsel and the Planning Commission. Mayor Boughton so ordered and appointed Council Members Levy, Furtado and Nolan to the committee.

Mayor Boughton extended all committee.

There being no further business to come before the Common Council a motion was made at 10:00 P.M. by Mr. Nolan for the meeting to be adjourned.

                                                  Respectfully submitted,

                                                  ____________________________
                                                  JIMMETTA L. SAMAHA
                                                  Clerk

                             ATTEST:               _____________________________
                                                  MARK D. BOUGHTON
                                                  Mayor