2001 June Minutes

        Susan Quimby, St. Josephs Readiness Center spoke regarding item 11. Handed out a document detailing grant application

        Bernard Gallo, 16 Jeanette Street spoke regarding item 44, President of the Volunteer Firemen Council. Would like to see a committee appointed to study possible benefits for volunteer firefighters

        Bill Duncan, Military Museum he is the liaison between the museum and veterans organizations

        Mary Lou Glad, Wellington Court spoke on item 11, School Readiness Grant

        Margaret Challis, Division Street spoke on item 11, School Readiness Grant

        Tisa Key, Town Hill Avenue spoke on item 11, School Readiness Grant

        Mariam Schacht, 15 Cedar Street spoke on item 11, School Readiness Grant

        Lynn Waller, 83 Highland Avenue spoke on item 43, Senior Center Project. Asked that the bidding not be waived.

        Mary Reynolds, 15 Library Place spoke on item 43, funds should have been found to purchase Mrs. Farringtons property. Mr. Rizzo is the worst sidewalk developer in Danbury.

        MINUTES - Minutes of the Common Council held May 1, 2001 and the Special Common Council Meetings held May 2, 2001 and May 15, 2001. Mr. Gogliettino made a motion to adopt the minutes as presented and waive the reading as all members have copies which are on file in the Office of the City Clerk for public inspection. Seconded by Manny Furtado. Motion carried unanimously.

        CONSENT CALENDAR John Esposito submitted the following items for the Consent Calendar:


1 - Adopt the Resolution to allow the City to apply for and accept grant funding in the amount of $1,362.90 from the State Department of Public Health

4 - Adopt the Resolution to apply for and accept grant funding in the amount of $10,244 from the State Department of Labor

9 - Adopt the Resolution to authorize the acquisition of easements as described

12 Adopt the Resolution to apply for and accept grant funding in the amount of $29,835.45 from the State Department of Labor

13 Adopt the Resolution to apply for and accept grant funding in the amount of $803,022 from the State Department of Public Health Services

15 Approve the request for funds for the Probate Court as described.

18 Approve the request to transfer $822 from the Elderly Services Donations account to the Commission on Aging budget

37 Receive the report and deny the request to sell the parcels of land as described

38 Receive the report and approve the exchange of property at Danbury Airport

39 Receive the report and approve the lease with the FAA for the Centerfield Wind Instrument

40 Receive the report and approve the recommendation for a water extension at 9 Old Shelter Rock Road

41 Receive the report and direct the Corporation Counsel to notify the petitioner that the Common Council does not have the authority to waive the fees in this matter

42 Receive the report and approve the recommendation for a water extension at 4 Elizabeth Road

45 Receive the report and approve the recommendation to adopt the Resolution

46 Receive the report and approve the recommendation to apply for the FEMA grant

47 Receive the report and approve the recommendation to adopt the Neighborhood Assistance Act resolution

48 Receive the report and approve the recommendations regarding the Government Entities Review and Evaluation

        Mr. Levy made a motion to adopt the Consent Calendar as presented. Seconded by Mr. Scalzo. Motion carried unanimously.

        John Esposito made a motion to move item 44 to the beginning of the agenda. Seconded by Mr. McAllister. Motion carried with Council Members Basso and Martin Moore voting in the negative.

        44 REPORT Grant Audits Volunteer Fire Companies

        Dean Esposito submitted the following report:

               The Common Council Committee appointed to review grant audits for the volunteer fire companies met on February 22, 2001 at 7:35 P.M. In attendance were committee members Dean Esposito and Mary Saracino. Val Machado was absent. Also in attendance were Corporation Counsel Eric Gottschalk, Fire Chief Carmen Oliver, President of the Volunteers Bernard Gallo, Deputy Fire Chief Peter Siecienski, Council Members Manny Furtado, David Furtado, Pauline Basso, Mickey Pascuzzi, Tom Saadi, Mary Smith, Tom Arconti, John Esposito and Warren Levy, ex-officio, Airport Administrator Paul Estefan and several members of the volunteers.

        Dean Esposito began the meeting by stating why he requested the committee. He was Chairman of the Public Safety Budget Committee last year when this issue was first brought up. He reviewed sections of the budget in-depth and found that the volunteers did not have to account for expenditures. He is trying to establish annual reporting so that any taxpayer can refer to it.

        Mr. Gallo stated that the volunteers he polled do not have a problem with showing how City money is spent. He stated that he feels the volunteers are being singled out. Dean Esposito stated that any agency receiving funds over $10,000 has to submit an accounting. Mr. Gallo asked if this would be done on a standard form and how it would be done. Mr. Setaro stated that any accountant would automatically know what to do. Mr. Gallo asked if only City money would have to be accounted for, or would it be all funds. Mr. Setaro said that there would be a full agency audit. Mr. Gallo said there might be a problem with this, as his company has two parties a year for their members but they use funds they raise themselves. Dean Esposito asked if this would be indicated on the form. Mr. Setaro said not necessarily. A space would have to be reserved to show this. Mr. Esposito asked if this would be a line item situation. Mr. Setaro stated that it could be shown as entertainment expenses. A policy could be established to show that the annual dinner is not paid for from City funds.

        After many questions and comments by the volunteers, Mr. Gallo stated that although volunteers he polled did not have a problem with explaining their expenditures, he did not ask if they would be willing to submit a formal audit. He would have to go before the Volunteers Council and ask them how they feel. A certified statement would not be a problem, but a formal audit would be.

        Andrew Ueberoth stated that the firehouse treasurer submits line item documentation. It is easy to supply this kind of information. He has five years he can submit. Dean Esposito stated that he hit the nail on the head. This would be exactly what he is look for. Mr. Saadi stated that the Common Council would not interfere with the internal function of fire companies. The courts recognize their independence. It is quasi-governmental regarding some documents. Captain Ueberoths suggestion is a good one. An audit is expensive. Information available to the taxpayers should be available for the Common Council. Dean Esposito asked if this would be permissible. Attorney Gottschalk said that you can draw some conclusion that could describe expenditures in preceding years so that the Common Council could forecast that public funds were going to legitimate fire fighting expenditures. Mr. Arconti stated that he is worried about individual line items. Certain activities can be taken out.

        Mrs. Saracino made a motion to continue the committee to allow Mr. Gallo to go to the Volunteer Council and give feedback to the committee. Seconded by Dean Esposito. Motion carried unanimously.

        The committee reconvened on May 22, 2001 at 7:07 P.M. In attendance were committee members Dean Esposito and Mary Saracino. Mr. Machado was absent. Also in attendance were Director of Finance Dominic Setaro, Fire Chief Carmen Oliver, Volunteer Council President Bernard Gallo, Council Members Pascuzzi, Arconti, David Furtado, Levy, McAllister, John Esposito and Basso, ex-officio as well as members of the volunteers.

        Dean Esposito gave a brief overview of the previous meeting. He restated his intentions on this issue. He stated that he would entertain questions from those present be requested that everyone focus on the financial issue.

        Mr. Gallo stated that it was his understanding that the committee would agree to a financial statement signed by the treasurer of the firehouse. He did not realize that the committee wanted a full audit. Dean Esposito stated that this committee is focused on how City money is spent, not on individual agencies. Mrs. Saracino asked Mr. Gallo about the results of his meeting with the volunteer council. Mr. Gallo said it was the feeling of the council that the volunteers are being singled out.

        Mr. Setaro stated that the cost of an audit would be approximately $20,000 if one firm did all the audits. Dean Esposito stated that the money would come either from the Contingency Account or from the Fire Departments budget. Mr. Gallo asked if Mr. Setaro had a problem with just a financial statement or does he require a full audit. Mr. Setaro stated that it is the committees choice. Mr. Gallo asked if Mr. Setaro could come up with a uniform spreadsheet or would that be a problem. Mr. Setaro said he could come up with a spreadsheet if that is what the committee wants.

        Mr. Arconti stated that he would hate to see the City expend further dollars on an audit when these dollars could go to the firefighters. A common form would be a good approach. John Esposito said that he is not sure of the Citys interpretation of an audit.

        After further discussion, Ms. Saracino made a motion to have the Finance Department prepare a uniform financial statement to be filed by all volunteer fire companies. Seconded by Dean Esposito. Motion carried unanimously.

        Mr. Gogliettino made a motion to receive the report and take no action at this time. Seconded by Mr. McAllister.

        Mr. Arconti stated that there is still an open committee regarding tax abatements for volunteers and this report could be referred to that committee.   Martin Moore asked what the motion to take no action was made. Mr. Gogliettino stated that there is a standing committee to study these issues. Manny Furtado asked if taking no action would interfere with the financial status of the volunteers. Mr. Arconti said it would not.

        Dean Esposito asked Mr. Arconti to educate him on the outstanding committee. Mr. Arconti stated that the tax abatement issue is still open. Mr. Esposito asked if this was being referred to that committee. Mr. Arconti said no; there is no recommendation at this time. Mr. Esposito stated that the committee put a lot of time and effort into this issue. It was not to focus on the volunteers. Every other agency receiving a grant has to provide documentation. His intention was a good one. If Council Members did not agree with it they should have attended the committee meetings.

        Mr. Levy stated that this was a reasonable request. Taxpayers have the right to have this information. He will vote against anything that mandates more administrative costs to the volunteers. Volunteers are not trying to hide anything.

        Mr. Pascuzzi asked the Fire Chief what the amount of his budget is. Chief Oliver said it was 8 million dollars. Mr. Pascuzzi asked if he had to account for that money. Chief Oliver said he did.

        Mrs. Smith stated that she understands the concerns about the paperwork but feels that the report addresses concerns about auditing costs. The compromise was a reasonable one. It does not seem too difficult. She feels badly that discussion has reached this level. Everyone has the same goal. It is just a simple form. Dean Esposito stated that he agrees with Mr. Levys statement, but the issue had been clouded. He has nothing but praise for the volunteers. They do an outstanding job. He understands Mr. Levys commitment to the volunteers since he is one. He had a job as Chairman to evaluate expenditures. The name of the agency is not his concern.

        Mrs. Basso stated that she attended both meetings. Taxpayers had asked for an accounting of tax dollars. Discussion has gotten off track. Other grant agencies do provide audits. It is the responsibility of the Common Council to have audits. To take no action is a waste of time. Martin Moore stated that he is uncomfortable with this issue. Committees facing tough issues often never meet. To send this to another committee is irresponsible. Should not be a rubber stamp.

        Motion to take no action carried with Council Members Levy, Scalzo, McAllister, Machado, Shuler, Arconti, John Esposito, Abrantes, Gogliettino voting in the affirmative and Council Members Smith, Dean Esposito, Pascuzzi, Basso, Manny Furtado, Michael Moore and Martin Moore voting in the negative.

        1 RESOLUTION Emergency Medical Services Equipment

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the State of Connecticut Department of Public Health will make grant funds available to municipalities through the Emergency Medical Services Equipment Grant; and

        WHEREAS, the State of Connecticut Department of Labor will award these funds to the City of Danbury Emergency Medical Services for the purchase of three (3) Pulse Oximeters; and

        WHEREAS, the City of Danbury Emergency Medical Services is eligible to receive funds in the amount of $1,362.90 for the period of July 1, 2001 through June 30, 2002.

        NOW, THEREFORE, BE IT RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury is hereby authorized to apply for said funds, to accept the grant if approved and the Mayor is further authorized to execute any contracts therefor and to do all things necessary to effectuate the purposes of the grant award.

        The resolution to allow the City to apply for and accept grant funding in the amount of $1,362.90 from the State Department of Public Health was adopted on the Consent Calendar.

        2 RESOLUTION Official Intent to Reimburse Expenditures for Ice Rink

        RESOLVED by the Common Council of the City of Danbury:

        The City of Danbury hereby expresses its official intent pursuant to 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this resolution in the maximum amount of $992,000 for the ice rink (the “project”) with the proceeds of bonds, notes or other obligations (“Bonds”) authorized to be issued by the City. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later the Regulations may authorize. The City hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Director of Finance or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration.

        Mr. Levy made a motion to receive the communication and adopt the Resolution. Seconded by Mr. Shuler.

        Mr. Levy asked if this was a commitment of any funds. Mr. Setaro said no.

        Mr. Gottschalk stated that there was a type in the fifth line from the bottom, after the word project, the words or such later date as the should be inserted.

        Motion carried with Council Members Smith, Basso and Martin Moore voting in the negative.

        3 RESOLUTION Personal Services Agreement

RESOLVED that Gene F. Eriquez, Mayor of the City of Danbury be and hereby is authorized to execute on behalf of the City of Danbury a Personal Services Agreement (PSA) with the State of Connecticut for financial assistance to undertake a noise abatement study to identify alternatives, recommend options for implementation and develop preliminary cost estimates for measures to mitigate noise emanating from the Wooster Mountain Shooting Range.

        IN ADDITION, that Gene F. Eriquez, Mayor is hereby authorized to enter into such agreements, contracts and execute all documents necessary to said grant with the State of Connecticut.

        Mrs. Abrantes made a motion to receive the communication and adopt the Resolution. Seconded by Michael Moore. Motion carried unanimously.

        4 RESOLUTION Occupant Protection Outreach Program

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the State of Connecticut Department of Transportation will make grant funds available to the municipalities through an Occupant Protection Outreach Program; and

        WHEREAS, the State of Connecticut Department of Labor will award these funds to the City of Danbury acting by the Danbury Police Department to assist in the education and training of its population on passenger safety; and

        WHEREAS, the City of Danbury through the Danbury Police Department is eligible to receive funds of $10,244.00 for the period of June 1, 2001 to September 30, 2001; and

        WHEREAS, no local cash match is required.

        NOW THEREFORE BE IT RESOLVED THAT Gene F. Eriquez, 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 Resolution to apply for and accept grant funding in the amount of $10,244 from the State Department of Labor was adopted on the Consent Calendar.

        5 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 2001-2002 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 a program to promote optimal public health quality in the City of Danbury; and

        WHEREAS, a continuation grant award application for $68,304.30 with no local match requirement will be processed by the Danbury Health and Housing Department for a grant term of July 1,2001 through June 30, 2002.

        NOW, THEREFORE, BE IT RESOLVED THAT the Mayor of the City of Danbury, Gene F. Eriquez, is hereby authorized to apply for and accept said per capita grant funds of $68,304.30 to execute all contracts or amendments thereof concerning said grant and to take all necessary actions to effectuate the purposes thereof.

        Mr. Gogliettino made a motion to receive the correspondence and adopt the Resolution. Seconded by Mr. McAllister.

        Mrs. Basso asked if a needle exchange program was involved in this grant. Mr. Setaro said he did not think so but he could not be 100% sure. Motion carried unanimously.

        6 RESOLUTION Farmers Market Coupon Grant

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the City of Danburys Women, Infants and Childrens Program (WIC) wishes to enter into an agreement with the State of Connecticut Department of Agriculture for funds in the amount of $575.00 to be used for supplemental staffing during the Farmers Market Program; and

        WHEREAS, said funds are to be used to administer the issuance of farmers market coupons to enable WIC participants to purchase fresh fruits and vegetables at the local Farmers Market during the summer of 2001; and

        WHEREAS, the period for the availability of this grant is June 2001 through September 2001; and

        WHEREAS, no local match is required.

        NOW, THEREFORE, BE IT RESOLVED THAT the Danbury WIC Office is authorized to sign an agreement with the State of Connecticut Department of Agriculture for this amount and to do all things necessary to administer the 2001 summer Farmers Market Coupon Program to its clients.

        Mr. Scalzo made a motion to receive the communication and adopt the Resolution. Seconded by Mr. Shuler. Motion carried with Council Members Basso and Martin Moore voting in the negative.

        7 RESOLUTION Community Development Block Grant PY27

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the United States Department of Housing and Urban Development has allocated funds under Title 1 of the Housing and Community Development Act of 1987, as amended, which authorized the Community Development Block Grant Program; and

        WHEREAS, it is in the best interests of the City of Danbury to apply for a grant under such Act; and

        NOW, THEREFORE, BE IT RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury, is hereby authorized to make application on behalf of the City of Danbury to the United States Department of Housing and Urban Development for grant funds for the Community Development Program Year commencing August 1, 2001 through July 31, 2002 for the Twenty-Seventh Year Funding in accordance with all pertinent laws and regulations and the Statement of Community Development Objectives and Projected Use of Funds proposed by the Mayors Community Development Program Policy Committee.

        BE IT FURTHER RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury, is hereby authorized to execute all contracts and take all necessary actions to effectuate the purposes of this grant application.

        Manny Furtado made a motion to receive the communication and adopt the Resolution. Seconded by Mrs. Abrantes. Motion carried unanimously.

        8 RESOLUTION Airport Reconstruction of Taxiway A

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, The Federal Aviation Administration of the United States Department of Transportation and the Bureau of Aeronautics of the Connecticut Department of Transportation make funds available through the Airport Improvement Act of 1987; and

        WHEREAS, the City of Danbury intends to reconstruct, mark and light taxiway “A” at the Danbury Municipal Airport which will improve the safety and efficiency of airport operations; and

        WHEREAS, the City of Danbury will make an amended application for a federal and state grant in an amount not to exceed $2,612,976.00 with a local match of two and one-half percent (2 ½%) equaling an amount not to exceed $66,999.00.

        NOW, THEREFORE, BE IT RESOLVED THAT the Mayor of the City of Danbury, Gene F. Eriquez, is hereby authorized to make application for said grant, and that any and all additional acts necessary to effectuate said program be and hereby are authorized.

        Mr. Gogliettino made a motion to receive the communication and adopt the Resolution. Seconded Manny Furtado. Motion carried with Council Members Basso voting in the negative.

        9 RESOLUTION Hillandale Road Storm Drainage Easements

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, storm drainage from Clapboard Ridge Road adversely affects property owners on Hillandale Road; and

        WHEREAS, the City of Danbury has hired an engineering consultant to design a plan to alleviate the problem; and,

        WHEREAS, the designed solution will require the acquisition of drainage easements from certain property owners; and

        WHEREAS, the acquisition of said easements is in the best interests of the City of Danbury; and,

        WHEREAS, eminent domain proceedings will be necessary in the event that the City of Danbury cannot agree with the owners named in Schedules A, B and C upon the amount to be paid for the interests to be taken in and to the real property described in said schedules;

        NOW, THEREFORE, BE IT RESOLVED, THAT the Corporation Counsel of the City of Danbury be and hereby is authorized to acquire the property interests as set forth in Schedules A, B and C attached hereto, either by negotiation or by eminent domain, through the institution of suit within six months of the date hereof, against the named property owners, their heirs, executors, successors and assigns and their mortgage holders and encumbrancers, if any.

        The Resolution to authorize the acquisition of easements as described was adopted on the Consent Calendar.

        10 RESOLUTION Fire Department Grant

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the Federal Emergency Management Agency has made funds available to the Danbury Fire Department for Training; and

        WHEREAS, the total amount of said funding for such purposes is $133,546.00 of which $93,482.00 is FEMA funds and the balance of $40,064.00 is the required local share; and

        WHEREAS, the Danbury Fire Department would like to apply for and accept said grant and, together, with the local share, obtain the needed equipment and material.

        NOW, THEREFORE, BE IT RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury, or his designee, Danbury Fire Chief Carmen Oliver, be and hereby is authorized to apply for and accept said grant and to execute such additional documents as may be required to effectuate the purposes thereof.

        Michael Moore made a motion to receive the communication and adopt the Resolution. Seconded by Mrs. Abrantes. Motion carried unanimously.

        11 RESOLUTION School Readiness Grant Year 5

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the State of Connecticut, through the State Board of Education is making available a grant, in the amount of $1,532,901.00, to priority school districts a School Readiness and Child Day Care Grant Program pursuant to Public Act 97-259; and

        WHEREAS, the purpose of this program would expand and enhance school readiness and child day care programs in the priority municipalities; and

        WHEREAS, this grant requires no local cash match however, the in kind match will be provided by the sub grantees and the Board of Education; and

        WHEREAS, the City of Danbury and its Board of Education are desirous of participating in this grant program;

        NOW, THEREFORE, BE IT RESOLVED THAT Mayor Gene F. Eriquez and Schools Superintendent Timothy Connors be and hereby are authorized to accept said grant, and execute such documents as are necessary for the accomplishment of the purposes hereof.

        Mrs. Abrantes made a motion to receive the communication and adopt the Resolution. Seconded by Mrs. Basso.

        Dean Esposito asked how allocations are made to individual readiness centers. Mayor Eriquez explained the program. Mrs. Abrantes asked what the difference in funding would be. Mr. Connors said it was approximately $80,000.00. Martin Moore asked what the State considers in-kind contributions. Mayor Eriquez stated that there is a host of ways we provide in-kind services. Mr. Scalzo stated that use of facilities and the time of volunteers are some services.

        Motion carried unanimously.

        12 RESOLUTION Community Employment Incentive Program/Food Stamps

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the State of Connecticut Department of Labor will make performance based funds available to municipalities under its FSE & T/State FSTE Program (CEIP) to fund employment placement projects for recipients of food stamps; and

        WHEREAS, the State of Connecticut Department of Labor and municipal Welfare Departments are working together to advance their mutual goal of assisting recipients to secure employment and attain economic self sufficiency; and

        WHEREAS, the City of Danbury Welfare Department will be eligible to receive up to $331.84 in State funds and up to $29,835.45 in Federal funds based upon the performance based criteria for the period of October l, 2000 to September 30, 2001; and

        WHEREAS, there is no local cash match required.

        NOW, THEREFORE, BE IT RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury is hereby authorized to apply for said funds, to accept the grant if approved and the Mayor is further authorized to execute any contracts therefor and to do all things necessary to effectuate the purposes of the grant award.

        The Resolution to apply for and accept grant funding in the amount of $29,835.45 from the State Department of Public Health Services was adopted on the Consent Calendar.

        13 RESOLUTION WIC Supplemental Nutrition Program

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the State of Connecticut Department of Public Health Services has notified the City of Danbury Health and Housing Department of its eligibility to apply for a renewal grant for its Women, Infants and Childrens (WIC) Supplemental Nutrition Program; and

        WHEREAS, the Danbury Health and Housing Departments WIC Program for Danbury area residents provides nutrition education and supplemental foods to pregnant women, nursing mothers and children up to age five; and

        WHEREAS, the Supplemental Nutrition Grant will be in an amount not to exceed
$803,022.00 and will cover the grant term from October 1, 2001 through September 30, 2004 and requires no matching funds from the City of Danbury; and

        NOW, THEREFORE, BE IT RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury and William J. Campbell, Director of Health, are hereby authorized to apply for said grant on behalf of the Danbury Health and Housing Department, and

        BE IT FURTHER RESOLVED THAT to accomplish the purposes of said program, Gene F. Eriquez, Mayor of the City of Danbury, is hereby empowered to make, execute and approve on behalf of the City of Danbury any and all contracts or amendments thereof with the State of Connecticut Department of Public Health Services and to accept said grant funds, if offered.

        The Resolution to apply for and accept grant funding in the amount of $803,022 from the State Department of Public Health Services.

        14 COMMUNICATION Appointment of Police Officer

        Letter from Mayor Eriquez requesting confirmation of Thomas H. Schretzenmayer as a Police Officer in the Danbury Police Department, under the lateral entry program. Mr. McAllister made a motion to receive the communication and confirm the appointment. Seconded by Mr. Pascuzzi. Motion carried unanimously.

        15 COMMUNICATION Request for Funds Probate Court

        Request from Judge of Probate Dianne Yamin requesting funds in the amount of $1,528 for the Printing & Binding line item. A certification of funds was attached. The transfer of funds was authorized on the Consent Calendar.

        16 COMMUNICATION Request for Funds for Military Museum

        Letter from W. J. Duncan requesting financial support from the City for the military museum. Mr. Levy asked that this be referred to the Director of Finance to explain the grant application process. Mayor Eriquez so ordered.

        17 COMMUNICATION Agreement between the City of Danbury and Danbury Police Union

        Agreement between the City of Danbury and the Danbury Police Union, Local 891, AFSCME Council #15, for a contract period of July 1, 2000 through June 30, 2003. No certification of funds is necessary.

        18 COMMUNICATION Reappropriation of Donated Funds

        Request from Director of Elderly Services Leo McIlrath requesting that the sum of $822 from the Elderly Services donations account to the Commission on Aging budget. A certification of funds was attached. The reappropriation of funds was approved on the Consent Calendar.

        19 COMMUNICATION Donation to the Police Department

        Request from Police Chief Robert Paquette for permission to accept funding in the amount of $1,908 from the State Department of Transportation for the attendance of Officer Edward Lopes at the International Child Passenger Safety Technical Conference. Mr. McAllister made a motion to receive the communication, accept the donation, credit the appropriate line item and send a letter of thanks. Seconded by Dean Esposito. Motion carried unanimously.

        20 COMMUNICATION Donation to the Still River Project

        Request from the Health Department for permission to accept a donation in the amount of $500 from the Lillinonah Audubon Society to be used for the Still River Project. Mr. Gogliettino made a motion to receive the communication, accept the donation, credit the appropriate line item and send a letter of thanks. Seconded by Mrs. Basso. Motion carried unanimously.

        21 COMMUNICATION Donations to the Homeless Shelter

        Request from Director of Welfare Deborah MacKenzie for permission to accept equipment from MCCA for the homeless shelter. Michael Moore made a motion to receive the communication, accept the donations and send a letter of thanks. Seconded by Mrs. Abrantes. Motion carried unanimously.

        22 COMMUNICATION Donations to the Library

        Request from Library Director Betsy McDonough requesting permission to accept donations in the total amount of $114.66 for the BOOKS line item. Mr. McAllister made a motion to receive the communication, accept the donations, credit the appropriate line items and send letters of thanks. Seconded by Mrs. Abrantes. Motion carried unanimously.

        23 COMMUNICATION Donations to the Department of Elderly Services

        Letter from Director of Elderly Services Leo McIlrath requesting permission to accept donations in the amount of $150 to the Department of Elderly Services. Manny Furtado made a motion to receive the communication, accept the donations, credit the proper line items and send letters of thanks. Seconded by Mr. Shuler. Motion carried unanimously.

        24 COMMUNICATION Ice Rink Appropriation

        Request from Director of Finance Dominic Setaro requesting that the sum of $396,827 be reappropriated to the Ice Rink Capital Improvements line item.

        Mr. Levy made a motion to rescind the April 4^th Resolution and reappropriate $396,827 as outlined. Seconded by Mr. Scalzo.

        Mr. McAllister asked why this amount would be put into the line item and will there be additional costs now or later. Mr. Setaro explained that the $250,000 previously appropriated for a skywalk and other sums were in the line item. They may have to come back for additional monies. Mr. McAllister stating that we will soon be closing out our fiscal year. Will there be any surplus to offset these costs. Mr. Setaro stated that the fund balance is very close to three percent. We like to stay between three and five percent, preferably four. Bonding would include replenishing the fund balance.

        Mrs. Basso asked, not including the escrow, approximately what amount of City dollars has, or will, go into the ice rink. Mr. Setaro outlined the numbers.

        Michael Moore asked which State agency the City works with on this. Mayor Eriquez stated none; they work with bond counsel. Martin Moore asked if this bonding would go to a public referendum. Mayor Eriquez stated that it is not required. Martin Moore stated that he is uncomfortable with that. Mr. Gogliettino asked when the credit rating gets reviewed. Mayor Eriquez stated usually after a significant sale.

        Motion carried with Council Members Levy, Scalzo, McAllister, Dean Esposito, Machado, Shuler, Arconti, John Esposito, Pascuzzi, Manny Furtado, and Gogliettino voting in the affirmative and Council Members Smith, Abrantes, Basso, Michael Moore and Martin Moore voting in the negative.

        25 COMMUNICATION Supplemental Appropriation for Reimbursement of E-Rate Funds

        Request from Superintendent of Schools Timothy Connors requesting a supplemental appropriation in the amount of $81,131 as he has been notified from the Schools and Libraries Division of the USAC that he will be receiving a reimbursement of E-Rate funds. We are expecting payment during the month of June and will turn the check over to the City when received.

        Mr. Gogliettino made a motion to receive the communication and authorize the transfer of funds. Seconded by Mr. Shuler. Motion carried unanimously.

        26 COMMUNICATION Request to Purchase City Property

        Request from Paul DeFabritis to purchase City owned property Lot #BO9001, consisting of two or more acres. Mr. Arconti asked that this be referred to the Planning Director, the Director of Finance, the Corporation Counsel, and the City Engineer for reports back within thirty days. Mayor Eriquez so ordered.

        27 COMMUNICATION Request to Sell Property on Old Post Road to the City

        Offer from Wilbur Schofield, Jr. of 12 acres of land on Old Post Road for purchase by the City. Dean Esposito asked that this be referred to the Director of Planning, the Director of Finance, the Corporation Counsel and the City Engineer for reports back within thirty days. Mayor Eriquez so ordered.

        28 COMMUNICATION Request for Sewer Extension 10 Alexander D Avenue

        Petition from homeowners of 10 Alexander D Avenue for sewer extension from Richmond Avenue. Manny Furtado asked that this be referred to the City Engineer for a report. Mayor Eriquez so ordered.

        29 COMMUNICATION Proposed SNET Easement, Aunt Hack Road

        Request from SNET for an easement with the City for the placement of telecommunications cabinets on Aunt Hack Road. Mr. McAllister asked that this be referred to an ad hoc committee, the Corporation Counsel and the City Engineer. Mayor Eriquez so ordered and appointed Council Members Levy, Manny Furtado and Martin Moore to the committee.

        30 COMMUNICATION Request for Waiver of Water/Sewer Bill at St. James Church

        Request from The Rev. Dr. Laura J. Ahrens of St. James Church requesting a review and a possible waiver of part of their water/sewer bill for the 1^st and 2^nd quarter of 2001. Mr. Scalzo asked that this be referred to the Superintendent of Public Utilities for a report back within thirty days. Mayor Eriquez so ordered.

        31 COMMUNICATION Request for Committee Traffic concerns on Wooster Heights

        Request from Council Member Michael Moore for an ad hoc committee to address traffic concerns on Wooster Heights. Dean Esposito asked that this be referred to an ad hoc committee, the Chief of Police, and the Director of Public Works. Mayor Eriquez so ordered and appointed Council Members Dean Esposito, Machado and Martin Moore to the committee.

        32 COMMUNICATION Request for Committee Road Hazards Aunt Hack Road

        Request from Council Members Michael Pascuzzi for an ad hoc committee to review road hazards on Aunt Hack Road. Mr. McAllister asked that this be referred to an ad hoc committee, the Chief of Police and the Director of Public Works. Mayor Eriquez so ordered and appointed Council Members Pascuzzi, David Furtado and Basso to the committee.

        33 COMMUNICATION Request for Sewer Extension 83 Newtown Road

        Dean Esposito asked that this be referred to an ad hoc committee, the Director of Public Works and the Planning Commission. Mayor Eriquez so ordered and appointed Council Members Gallagher, John Esposito and Saracino to the committee.

        34 COMMUNICATION Request for Water Extension 461-463 Main Street

        Dean Esposito asked that this be referred to an hoc committee, the Director of Public Works and the Planning Commission. Mayor Eriquez so ordered and appointed Council Members Gogliettino, Scalzo and Basso to the committee.

        35 COMMUNICATION Request for Bond Reimbursement WITHDRAWN

        36 COMMUNICATION Report regarding Surplus Computers

        Reports recommending that if the surplus computers are not needed by the Board of Education or other City department then they be turned over to the William J. Knight Foundation and the Association of Religious Communities as requested.

        Mr. Levy made a motion to receive the communication and approve the recommendation with the stipulation that this intended as a one-time donation and not setting procedure. Seconded by Mr. Shuler. Motion carried unanimously.

        37 COMMUNICATION Request to Purchase Properties on Hayestown Heights Road and Hayestown Road

        Reports from the Director of Public Works, the Assistant Corporation Counsel, the Planning Commission and the Director of Finance recommending that the properties not be sold. The reports were received and the request to sell parcels of land as described denied on the Consent Calendar.

        38 COMMUNICATION Report regarding Exchange of Real Property at Airport

        Report from the Planning Commission giving a positive recommendation for the real property exchange at Danbury Airport for the reason that it will correct the boundary lines between the properties of Assad A. Taylor and City of Danbury Airport. The report was received and the exchange of property at Danbury Airport approved on the Consent Calendar.

        39 COMMUNICATION Report regarding Lease - Centerfield Wind Instrument

        Report from the Planning Commission issuing a positive recommendation for the Lease of the Centerfield Wind Instrument to the FAA at the Danbury Airport. The report was received and the lease with the FAA for the Centerfield Wind Instrument approved on the Consent Calendar.

        40 REPORT Request for Water Extension 9 Old Shelter Rock Road

        John Esposito submitted the following report:

        The Common Council Committee appointed to review the request for water extension at 9 Old Shelter Rock Road met in City Hall on May 16, 2001 at 7:00 P.M. In attendance were committee members John Esposito, Thomas Saadi and Martin Moore. Also in attendance was City Engineer William Buckley.

        Mr. Buckley explained that this petition is in conformance with the Citys plan of sewer and water development and voiced his approval of the petition. Mr. Esposito explained that the petitioner has the sewer approval from a previous meeting, with a positive recommendation from the Planning Commission for both.

        Martin Moore made a motion to approve the petition with the usual eight steps. Seconded by Mr. Saadi. Motion carried unanimously.

        The report was received and the recommendation for a water extension at 9 Old Shelter Rock Road approved on the Consent Calendar.

        41 REPORT Request to Abate Tax Penalties

        Mr. Levy submitted the following report:

        The Common Council Committee appointed to review a request to abate tax penalties met on May 14, 2001 at 7:00 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Levy, David Furtado and Saracino. Also in attendance were Director of Finance Dominic Setaro, the petitioner R. J. Bowen and Council Members Scalzo and Arconti, ex-officio.

        Mr. Levy asked Mr. Bowen if he would like to make any comments in addition to his letter. He said he was satisfied that his letter covered the issue completely. The substance of Mr. Bowens letter was that he moved to Danbury in 1999. He made all the necessary address changes with the City tax offices and the State DMV in a very timely way. He went to the Danbury tax office and requested a tax bill before Danbury had the information in its system to produce one. He claimed that when he finally received the tax bill it caused a late charge penalty that was not his fault. Mr. Setaro said that he checked the tax collectors log and the tax bill was prepared at the same time many other tax bills were prepared. No errors could be found on the part of the tax office that could justify an abatement of the penalty. The committee felt very sympathetic to Mr. Bowen's very unique situation. The committee then discussed its questionable statutory authority to abate the tax penalties.

        Mr. Furtado made a motion to recommend the abatement of Mr. Bowens tax penalties, subject to Corporation Counsels determination of the Common Councils authority to do so. Seconded by Ms. Saracino and passed unanimously.

        The report was received on the Consent Calendar and the Corporation Counsel directed to notify the petitioner that the Common Council does not have the authority to waive the fees in this matter.

        42 REPORT Request for Water Extension 4 Elizabeth Road

        David Furtado submitted the following report:

        The Common Council Committee appointed to review the request for water extension at 4 Elizabeth Road met on May 21, 2001 at 7:30 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members David Furtado and Pauline Basso. Also in attendance were City Engineer William Buckley, Ralph Gallagher and Vincent and Julia DeLuca.

        After discussion, Mrs. Basso made a motion to approve the request for water extension subject to approval of the design by the Engineering Department and subject to the normal eight steps. Seconded by Mr. Furtado. Motion carried unanimously.

               The report was received and the recommendation for a water extension at 4 Elizabeth Road was approved on the Consent Calendar.

        43 REPORT Senior Center Project Change (Vision 21 Bond Project)

        Mr. Levy submitted the following report:

        The Common Council Committee appointed to review a request for a change in the Senior Center project met on May 14, 2001 at 7:40 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Levy, Gallagher and Saracino. Also in attendance were Director of Finance Dominic Setaro and Council Members Scalzo and Arconti, ex-officio.

        Mr. Levy noted that the Planning Commission gave a positive recommendation on the exchange of properties. The committee reviewed a map showing the properties. Mr. Setaro explained that this approach is much better than the original plan. There would be more parking available and there is room for future expansion. Mr. Gallagher asked who sets the fair market value on property. Mr. Setaro said that the City Tax Assessor does. Ms. Saracino asked about financing. Mr. Setaro said that $800,000 was approved in the Vision 21 bond issue. Additional bond money is available due to the lower interest rates and the fact that we did not purchase the West Side natural area that was included in the bond issue.

        Mr. Gallagher made a motion to recommend the exchange of property as outlined in the request. Seconded by Ms. Saracino and passed unanimously.

        The second issue under consideration was the request to waive the bidding procedure. The committee asked for justification. Mr. Setaro said that Mr. Rizzo and Mr. Zurlo have been very involved in the changes in the plan and would be best qualified for the project. The Rizzo Company would be construction manager of the project, but would not be paid any more than the City has paid on other recent construction projects. All other work on the project would be bid and the Rizzo Corporation would not be one of the construction companies on the project.

        Mr. Gallagher made the following motion: “With the condition that the fee charged is not any more than the City has paid on other recent projects, we recommend the waiving of bids for the direct selection of Mr. Lewis Zurlo as the architect and Mr. Rizzos company as the construction manager. Seconded by Ms. Saracino and passed unanimously.

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

        Mrs. Basso asked how much land is involved and is the Old City Jail involved. Mayor Eriquez stated that no City land would be exchanged. Mrs. Basso asked what piece of land are we giving to Mr. Rizzo. Mayor Eriquez stated that it is towards the back of the parking lot by the Old Jail to be used to expand the Health Center. The Old Jail will be used primarily by SeniorNet. Mrs. Basso asked if the Old Jail is on the Historic Register and the Mayor said that it is.

        Martin Moore for an explanation concerning the fee charged is not more than the City has paid on other projects. Mayor Eriquez stated that it is the normal percentage of any construction project.

        Motion carried unanimously.

        44 REPORT See beginning of minutes

        45 REPORT & RESOLUTION Discontinuance of Union Avenue

        Manny Furtado submitted the following report:

        The Common Council Committee appointed to review the Resolution regarding the discontinuance of Union Avenue met on May 31, 2001 at 7:05 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Manny Furtado and Mary Saracino. Also in attendance were Corporation Counsel Eric Gottschalk and Assistant City Engineer Patricia Ellsworth.

        Attorney Gottschalk stated that he prepared the resolution because in 1998 when the Common Council voted to convey this City owned parcel to Joseph DaSilva, the discussion of the committee was to retain rights to existing and future utilities including sewer, water and drainage. This language was not reflected in the minutes. The resolution clarifies this.

        Mrs. Saracino made a motion to receive the communication and adopt the resolution. Seconded by Manny Furtado. Motion carried unanimously.

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, in the fall of 1998 Maple & Union LLC requested that the City of Danbury discontinue Union Avenue and convey a parcel of city-owned property to it as part of a proposal to construct an affordable housing complex on adjacent property; and

        WHEREAS, at its meetings held on January 5, 1999 and February 2, 1999 the Common Council voted to discontinue Union Avenue, subject to conditions relating to deadlines for commencement and completion of the project, in accordance with the recommendations of the Common Council committee charged with reviewing the request; and

        WHEREAS, Maple & Union has commenced the project within the time frame established by the Common Council and now wishes to conclude the transaction, subject to the remaining condition regarding timely completion of the project; and

        WHEREAS, clarification of the status of existing municipal utilities within Union Avenue would serve the best interests of Maple & Union LLC and the City of Danbury; and

        WHEREAS, it was the intention of the City, as discussed during Common Council committee deliberations, to retain rights to said municipal utilities;

        NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF DANBURY THAT, in connection with the discontinuance of Union Avenue, the City of Danbury reserves the perpetual right, privilege, authority and easement for the purpose of maintaining, repairing, replacing and improving existing utilities within said Union Avenue.

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

        46 REPORT & RESOLUTION Fire Department Grant

        Manny Furtado submitted the following report:

        The Common Council Committee appointed to review a Fire Department Grant and the 911 Emergency System met on May 31, 2001 at 7:35 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Manny Furtado, Helena Abrantes and Mary Saracino. Also in attendance were Corporation Counsel Eric Gottschalk, Civil Preparedness Director Paul Estefan, Fire Chief Carmen Oliver, Police Chief Robert Paquette, Director of Finance Dominic Setaro and Council Member Paul McAllister, ex-officio.

        Mr. Furtado stated that the committee would only address the Fire Department grant at this meeting since it is still waiting for information on the 911 Emergency System. Mr. Furtado asked Chief Oliver if these are new or replacement radios. Chief Oliver said they are both. There are 125 through the grant. Mr. Furtado asked if any of them would be given to the volunteers. The Chief said they would.

        Mrs. Abrantes asked if there was a local cash match. Chief Oliver said that it is a 70-30 split; the Citys portion would come from his budget. Chief Oliver also stated that due to the large number of applications, chances were slim that they would receive this grant, but he still has some money in his budget for new radios.

        Mrs. Abrantes made a motion to recommend to the Common Council adoption of the resolution authorizing the Fire Chief to apply for a grant available from FEMA in the amount of $73,182, along with the Citys share in the amount of $31,364. Seconded by Mrs. Saracino. The motion carried unanimously.

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the Federal Emergency Management Agency has made funds available to the Danbury Fire Department for the acquisition of various pieces of the communication equipment; and

        WHEREAS, the total amount of said funding for such purposes is $104,546.00 of which $73,182 is FEMA funds and the balance of $31,364 is the required local share;

        WHEREAS, the Danbury Fire Company would like to apply for and accept said grant and, together with the local share, obtain the needed equipment and material.

        NOW, THEREFORE, BE IT RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury or his designee, Danbury Fire Chief Carmen Oliver, be and hereby is authorized to apply for and accept said grant and to execute such additional documents as may be required to effectuate the purposes thereof.

        The report was received and the resolution to apply for the FEMA grant adopted on the Consent Calendar.

        47 REPORT & RESOLUTION Neighborhood Assistance Act

        Mr. Arconti submitted the following report:

        The Common Council met as a committee of the whole on June 4, 2001 immediately following a public hearing.

        Mr. Gogliettino made a motion to approve the items and adopt the Resolution. Seconded by Mrs. Abrantes. Motion carried unanimously.

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the Connecticut Neighborhood Assistance Act Program is available for area non profits to submit applications for funding; and

        WHEREAS, the Act provides tax credits for businesses which contribute to community programs having received both municipal and state approval; and

        WHEREAS, certain local and area organizations are seeking to apply through Danbury for such tax credits; and

        WHEREAS, no local matching funds are required; and

        WHEREAS, said organizations and their requests are as set forth on the attached schedule;

        NOW, THEREFORE, BE IT RESOLVED THAT the City of Danbury through its Common Council, hereby approves, subject to a public hearing as required by law, those organizations set forth in the schedule, for participation in the Neighborhood Assistance Program and authorize Gene F. Eriquez, Mayor of the City of Danbury to take such actions as may be necessary for the accomplishment of the purposes hereof.

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

        48 REPORT Government Entities Review and Evaluation

        Mr. Arconti submitted the following report:

        The Common Council met as a committee of the whole on June 4, 2001 immediately following a public hearing.

        Mr. McAllister stated that some of these boards and commissions are not being utilized. The Common Council could refer some issues to them. Mr. Gogliettino agreed saying that if some boards and commissions are inactive, lets sunset them. They could be restarted in the future. John Esposito stated that he thinks it should be the other way around. If the board or commission has a problem they should come to the Common Council.

        Mr. Scalzo made a motion to accept the report and adopt its recommendations. Seconded by Mr. McAllister. Mr. Scalzo noted that the motion stated that appointments will be forthcoming and this will bring the boards and commissions up to full complement. Mr. Arconti stated that the message is we do need to activate these boards and commissions. Motion carried unanimously.

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

        49 COMMUNICATION & RESOLUTION Educational Specifications for Roberts Avenue School

        RESOLVED by the Common Council of the City of Danbury:

        THAT the Common Council hereby authorizes the Board of Education to direct the Superintendent of Schools to file an application for State funding for the construction of an elementary school to replace Roberts Avenue School to be built on the Broadview Middle School campus.

        Mr. Scalzo made a motion to receive the communication and adopt the Resolution. Seconded by Mr. Gogliettino. Motion carried unanimously.

        50 DEPARTMENT REPORTS Public Works, Health & Housing, Fire Chief, Police Chief, Fire Marshall, Department of Elderly Services

        Mr. Arconti made a motion to accept the department reports as presented and waive the reading as all members have copies which are on file in the Office of the City Clerk for public inspection. Seconded by Dean Esposito.

        Mr. McAllister asked that under the Engineering Department report an ad hoc committee be appointed to investigate sub-contracted projects for sewer and water. Mayor Eriquez so ordered and appointed Council Members Arconti, McAllister and Saracino, as well as the City Engineer and the Corporation Counsel to the committee.

        51 REPORT Request for Sewer Extension on Miry Brook Road

        Mr. Arconti made a motion that this be added as item 51. Seconded by Mr. McAllister. Motion carried with Mrs. Basso voting in the negative.

        Mr. Shuler submitted the following report:

        The Common Council Committee appointed to review the request for a sewer extension on Miry Brook Road. The committee met on May 14, 2001 at 7:10 P.M, in the Caucus Room in City Hall. The committee was Shuler, Gallagher and Martin Moore.

        Mr. Shuler said that he got a positive recommendation from the Planning Commission.

        Neil Marcus of Miry Brook LLC wants to build a building on an empty lot, but needs to extend the city sewer. The sewer would also potentially serve an existing building. He explained that the extension would need a pumping station and sewer line that was not yet in existence.

        Buckley recommended approval including a pump station and a proposed easement to Miry Brook Road, including the usual eight steps. Mr. Gallagher moved to recommend approval of the sewer extension, which includes the said easement and the usual eight steps. The motion was seconded by Martin Moore and passed unanimously.

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

        The Mayor extended all committees.

        There being no further business to come before the Common Council a motion was made by Manny Furtado for the meeting to be adjourned at 10:20 P.M.

                                                  Respectfully submitted,

                                                  ___________________________
                                                  JIMMETTA L. SAMAHA
                                                  Assistant City Clerk

                             ATTEST:               ___________________________
                                                  Elizabeth Crudginton, City Clerk