2001 July Minutes

TO: Mayor Eriquez and Members of the Common Council

RE: Minutes of the Common Council Meeting held July 3, 2001

        The meeting was called to order at 7:35 P.M. The Pledge of Allegiance and Prayer were recited. The members were recorded as:

        PRESENT Levy, Scalzo, McAllister, Smith, Saadi, Buzaid, Machado, Shuler, David Furtado, Arconti, John Esposito, Abrantes, Pascuzzi, Basso, Manny Furtado, Gallagher, Gogliettino, Michael Moore, Martin Moore, Saracino

        ABSENT Dean Esposito

        20 Present 1 Absent

        Mr. Esposito was out of town on business

        PUBLIC SPEAKING

        Margaret Mitchell 2 Park Place, Tamara Espinal 13 Park Place, Turow Kamatza Park Place, Tom Meade 4 Park Place and John Kay 11 Park Place all asked for assistance regarding flooding on Park Place, item 36.

        Lynn Waller, 83 Highland Avenue thanked the Common Council for accepting the donation of a tree in memory of Barbara Monsky.

        MINUTES Minutes of the Common Council Meeting held June 5, 2001. Mr. Arconti made a motion that the minutes be accepted as presented and the reading waived as all members have copies which are on file in the Office of the City Clerk for public inspection. Seconded by Mr. Gogliettino. Motion carried unanimously.

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

        2 - Adopt the Ordinance as presented

3 Adopt the Resolution to apply for and accept grant funding in the amount of
      $408,000 from the State Department of Health Services

4 - Adopt the Resolution to apply for and accept grant funding in the amount of
      $120,000 for the Safe Neighborhood Programs

5 - Adopt the Resolution to apply for and accept grant funding in the amount of
      $500 from the Connecticut Fair Plan Anti-Arson Committee

6 - Adopt the Resolution to apply for and accept grant funding totaling $292, 500 for
      Airport Tree clearance

12 Approve the reappropriation of donated funds as described

14 Approve the acceptance of $479 in scholarship funds from the State Department
        of Public Health

26 Approve the reappropriation of $7,500 as described

28 Approve the rental agreement for Bowling Lanes at Hatters Community Park
       pending Planning Commission approval

29 Approve the agreement and adopt the Resolution regarding the Replacement of
        the Thorpe Street Extension Bridge and authorize the project

31 Receive the correspondence and accept the sidewalk easement on Staples Street
        as described

34 Receive the report and proceed with the normal procedure for sanitary sewer
        extensions

37 Receive the report and approve the recommendation regarding sewer and
        water extensions at 8 Rose Street

38 Receive the report and approve the recommendation regarding sewer extension
        at 9 Segar Street

        Mr. Levy made a motion that the Consent Calendar be adopted as read. Seconded by David Furtado. Motion carried unanimously.

        1 ORDINANCE Review and Evaluation of Government Entities Mr. Gogliettino asked that this be deferred to public hearing. Mayor Eriquez so ordered.

        2 ORDINANCE An Ordinance Appropriating $500,000 for Public Improvements in the 2001-2002 Capital Budget and Authorizing the Issuance of $500,000 Bonds of the City to meet said Appropriation and Pending the Issuance Thereof the making of temporary borrowings for such purpose

        The Ordinance was adopted on the Consent Calendar.

        3 RESOLUTION School Based Health Center

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the State of Connecticut Department of Health Services has notified the Department of Health and Housing of the City of Danbury of the Citys eligibility to apply for a School Based Health Center Continuation Grant in an amount not to exceed $408,080; and

        WHEREAS, the grant term will cover a two year period of July 1, 2001 through June 30, 2002 for $204,040 and a second year July 1, 2002 to June 30, 2003 for an additional $204,040 with no local match required; and

        WHEREAS, the States purpose in providing these funds is to enable the Citys Health and Housing Department to provide the age appropriate accessible and affordable medical and mental health care services to Danbury High School students.

        NOW, THEREFORE, BE IT RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury is hereby authorized to apply to the State of Connecticut Department of Health Services for said grant funds and to accept the award if offered; and

        BE IT FURTHER RESOLVED THAT Mayor Gene F. Eriquez is hereby authorized to take any and all actions necessary to effectuate the purposes hereof.

        The Resolution to apply for and accept grant funding in the amount of $408,000 from the State Department of Health Services was adopted on the Consent Calendar.

        4 RESOLUTION Safe Neighborhood Program

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the State of Connecticut Office of Policy and Management will make available to the City of Danbury Police Department additional funds in the amount of $120,000.00 as remainder funds to its existing grant for the Safe Neighborhood Program; and

        WHEREAS, said award will cover the period of July 1, 2001 through June 30, 2002 with no local cash match; and

        WHEREAS, said grant will subsidize 10 police officer positions at $120,000 thus allowing increased police presence in targeted neighborhoods, especially in areas where there has been increased firearms use.

        NOW, THEREFORE, BE IT RESOLVED THAT Mayor Gene F. Eriquez and Chief Robert Paquette or his authorized representative are hereby empowered to accept funds and the Mayor is further authorized to execute any contracts/agreements therefore and to do all things necessary to effectuate the purposes hereof.

        The Resolution to apply for and accept grant funding in the amount of $120,000 for the Safe Neighborhood Programs was adopted on the Consent Calendar.

        5 RESOLUTION Connecticut Fair Plan Anti-Arson Grant

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the Connecticut Fair Plan Anti Arson Committee has advised the City of Danbury of its eligibility to apply for a direct award of $500.00 under its program with a local cash match of $500.00 required; and

        WHEREAS, the funding under this new program will be used by the Danbury Fire Department to purchase a video camera to enhance effective fire investigations within the City of Danbury; and

        WHEREAS, the grant period will run for 12 months from the date of the initial payment received.

        NOW, THEREFORE, BE IT RESOLVED THAT Gene F. Eriquez, Mayor of the City of Danbury, is hereby authorized to apply for and accept such grant award and the Mayor is further authorized to sign any contracts/documents in connection therewith and to do all things necessary to effectuate the purposes of said grant.

        The Resolution to apply for and accept grant funding in the amount of $500 from the Connecticut Fair Plan Anti-Arson Committee was adopted on the Consent Calendar.

        6 RESOLUTION Airport Reconstruction of Taxiway A

        RESOLVED by the Common Council of the City of Danbury:

        WHEREAS, the Federal Aviation Commission 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 use these funds for tree clearing to the Runway 8 Approach at the Danbury Municipal Airport which will improve the safety and efficiency of airport operations; and

        WHEREAS, the City of Danbury will make application for a federal grant in an amount not to exceed $270,000.00 and state grant in an amount not to exceed $22,500.00 with a local match of an amount not to exceed $7,500.00;

        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.

        The Resolution to apply for and accept grant funding totaling $292,500 for Airport Tree clearance was adopted on the Consent Calendar.

        7 RESOLUTION New Elementary School

        Mr. McAllister asked that this be referred to a committee of the whole. Mayor Eriquez so ordered.

        8 RESOLUTION Sale of Pepsi at Danbury Ice Rink WITHDRAWN

        9 COMMUNICATION Donation to Parks and Recreation

        Letter from Director of Parks and Recreation Department requesting permission to accept a donation in the amount of $300 from Frances Kelly for planting trees at Pembroke School and Great Plain School during Arbor Week 2001. Michael Moore made a motion to receive the communication, accept the donation, credit the appropriate line item and send a letter of thanks. Seconded by Mr. McAllister. Motion carried unanimously.

        10 COMMUNICATION Donation to the Police Department

        Letter from Chief of Police Robert Paquette requesting permission to accept a donation of surplus, damaged and overrun paint stock and supplies to the Graffiti Task Force from the Home Depot Corporation. Mr. Levy made a motion that the communication be accepted, the donation accepted and a letter of thanks sent. Seconded by Mrs. Abrantes. Motion carried unanimously.

        11 COMMUNICATION Donations to the Department of Elderly Services

        Letter from Director of Elderly Services Leo McIlrath requesting permission to accept donations to the Department of Elderly Services in the total amount of $100.00. Manny Furtado made a motion to receive the communication, accept the donations, credit the appropriate line items and send letters of thanks. Seconded by Mrs. Basso. Motion carried unanimously.

        12 COMMUNICATION Reappropriation of Donated Funds

        Letter from Director of Elderly Services Leo McIlrath requesting a transfer of funds in the amount of $902.00 from the Elderly Services donations account to the Commission on Aging budget. A certification of funds was attached. The transfer of funds was authorized on the Consent Calendar.

        13 COMMUNICATION EPA Consent Decree

        Letter from Attorney Eric Gottschalk requesting that the Common Council authorize the Mayor to execute a Consent Decree to settle a potential claim against the City by the EPA for site remediation costs in the amount of $561.00. A certification of funds was attached. Mr. Levy made a motion to receive the communication and authorize the Mayor to sign the Consent Decree and settlement offer. Seconded by Mrs. Abrantes. Motion carried unanimously.

        14 COMMUNICATION School Based Health Care Conference

        Letter from Melanie Bonjour requesting permission to accept the sum of $479 in scholarship funds from the State Department of Public Health to allow her to attend the 2001 National Assembly on School-Based Health Care Conference in Miami, Florida. The sum of $479 in scholarship funds from the State Department of Public Health was accepted on the Consent Calendar.

        15 COMMUNICATION Request for Funds for the Hispanic Center

        Manny Furtado asked that this be referred to an ad hoc committee, the Director of Finance and the petitioner. Mayor Eriquez so ordered and appointed Council Members Abrantes, Manny Furtado and Martin Moore to the committee.

        16 COMMUNICATION Request for an Ad Hoc Committee on Elderly Tax Relief

        Mr. Arconti asked that this be referred to an ad hoc committee, the Director of Finance and the Director of Elderly Services. Mayor Eriquez so ordered and appointed Council Members Arconti, Machado and Saracino to the committee.

        17 COMMUNICATION Cell Phone Ban

        Mrs. Abrantes asked that this be referred to an ad hoc committee and the Corporation Counsel. Mayor Eriquez so ordered and appointed Council Members Scalzo, Shuler and Basso to the committee.

        18 COMMUNICATION Request for Common Council Parliamentarian

        Mr. Levy asked that this be referred to an ad hoc committee and the Corporation Counsel. Mayor Eriquez so ordered and appointed Council Members Gallagher, Shuler and Basso to the committee.

        19 COMMUNICATION Generator Failure at Police Headquarters

        Mr. Arconti asked that this be referred to an ad hoc committee, the Police and Fire Chiefs and the Director of Public Works. Mayor Eriquez so ordered and appointed Council Members Dean Esposito, David Furtado and Saracino to the committee.

        20 COMMUNICATION Request for Sewer Extension Hobson Street

        Mr. McAllister asked that this be referred to an ad hoc committee, the City Engineer and the Planning Commission. Mayor Eriquez so ordered and appointed Council Members Machado, Shuler and Basso to the committee.

        21 COMMUNICATION Request for Sewer and Water Extensions Duck Street

        Mrs. Abrantes asked that this be referred to an ad hoc committee, the City Engineer and the Planning Commission. Mayor Eriquez so ordered and appointed Council Members Manny Furtado, Pascuzzi and Martin Moore to the committee.

        22 COMMUNICATION Offer to sell land bordering Rogers Park to the City

        Mrs. Abrantes asked that this be referred to the Corporation Counsel, the Director of Planning, the Directors of Finance and Parks and Recreation, the Coordinator of Environmental Services and the Conservation Commission for reports back within thirty days.

        23 COMMUNICATION Request to Purchase City owned land on Peace Street

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

        24 COMMUNICATION Erosion and Flooding Problem at 20 Caye Road

        Mrs. Abrantes asked that this be referred to an ad hoc committee and the Director of Public Works. Mayor Eriquez so ordered and appointed Council Members Abrantes, McAllister and Martin Moore to the committee.

        25 COMMUNICATION Request for Sewer Extension 11 Hobson Street and Peace Street

        Michael Moore asked that this be referred to an ad hoc committee, the City Engineer and the Planning Commission. Mayor Eriquez so ordered and appointed Council Members Machado, Shuler and Basso to the committee.

        26 COMMUNICATION DEP Larvacide Funds

        Request from Director of Health and Housing William Campbell to reappropriate a $7,500 DEP allocation for the treatment of mosquitoes. A certification of funds was attached. The reappropriation as described was authorized on the Consent Calendar.

        27 COMMUNICATION Road Widening Parcel 1 Great Pasture Road

        Mrs. Abrantes 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 Eriquez so ordered.

        28 COMMUNICATION Rental Agreement Hatters Park Bowling Lanes

        Letter from Director of Parks and Recreation Robert Ryerson asking approval to enter into a five year rental agreement with Gerald A. Trocolla to operate the property known as the Bowling Lanes at Hatters Community Park. The rental agreement for the Bowling Lanes at Hatters Community Park was approved on the Consent Calendar pending Planning Commission Approval.

        29 COMMUNICATION and RESOLUTION Replacement of Thorpe Street Extension Bridge

        RESOLVED by the Common Council of the City of Danbury:

        THAT Gene F. Eriquez, Mayor of the City of Danbury, is hereby authorized to execute the AGREEMENT BETWEEN THE STATE OF CONNECTICUT AND THE CITY OF DANBURY FOR THE CONSTRUCTION, INSPECTION AND MAINTENANCE REQUIRED IN CONJUNCTION WITH THE REPLACEMENT OF THE THORPE STREET EXTENSION BRIDGE (BRIDGE NO. 05097) OVER KOHANZA BROOK UTILIZING FEDERAL FUNDS AND A PROJECT GRANT UNDER THE STATES LOCAL BRIDGE PROGRAM, together with such other documents as may be necessary for the accomplishment for the purposes thereof.

        The agreement was approved, the Resolution adopted and the project authorized on the Consent Calendar.

        30 COMMUNICATION and REPORT Executive Air Service

        Mr. Gallagher submitted the following report:

        The Common Council Committee appointed to review the request from Executive Air met on March 13, 2001 at 7:00 P.M. in City Hall. In attendance were committee members Gallagher, Machado and Martin Moore. Also in attendance were Corporation Counsel Laszlo Pinter, Airport Administrator Paul Estefan and the petitioners, Roy Steiner, Neil Marcus and John Linero of Executive Air.

        The petitioners explained that they wished to lease the additional property for construction of hangars. Mr. Estefan stated that he was in favor of proceeding with the petitioners request, as the land in question currently served no purpose. Mr. Machado moved to recommend leasing of the additional property to Executive Air, pending approval of the Planning Commission and to authorize Corporation Counsel to enter into negotiations of said lease. The motion was seconded by Martin Moore and passed unanimously.

        The committee reconvened on June 12, 2001 at 5:00 P.M. In attendance were committee members Gallagher and Machado. Also in attendance were Assistant Corporation Counsel Laszlo Pinter, Airport Administrator Paul Estefan and the petitioners Roy Steiner and Neil Marcus.

        In order to clarify the earlier motion, Mr. Machado moved to recommend leasing of the additional .3565 acre of property (comprising parcel d) to Executive Air Services Limited Partnership, pending approval of the Planning Commission and to have the Corporation Counsel enter into negotiations of said lease. Mr. Gallagher seconded the motion and it passed unanimously.

        Mr. Arconti made a report to receive the communication and the report and adopt the recommendations contained therein and refer this to the Planning Commission. Seconded by Mr. Gogliettino. Motion carried unanimously.

        31 COMMUNICATION Sidewalk Easement Staples Street

        Reports from the Director of Public Works and the Corporation Counsel recommending that the City accept this sidewalk easement subject to the receipt of legal documents acceptable to the Corporation Counsels office.

        The correspondence was received and the sidewalk easement on Staples Street accepted as described on the Consent Calendar.

        32 COMMUNICATION Reports regarding request to Purchase City Land known as Lot No. B09001

        Mr. Gogliettino made a motion to declare this property surplus and refer it to the Tax Assessor, the Corporation Counsel and the Planning Commission to negotiate a sale. Seconded by Mr. Buzaid. Motion carried unanimously.

        33 COMMUNICATION Reports regarding offer to sell land on Old Post Road to the City

        Mr. Levy made a motion to receive the reports and take no action at this time. Seconded by Mrs. Abrantes. Motion carried unanimously.

        34 COMMUNICATION Report regarding Alexander D Avenue

        Report from City Engineer William Buckley stating that this request will be added to the list of potential sanitary sewer and water main extension projects maintained by his office.

        The report was received on the Consent Calendar and the City Engineer instructed to proceed with the normal procedure for sanitary sewer extensions.

        35 COMMUNICATION Report regarding St. James Church

        Mrs. Abrantes asked that this be referred to an ad hoc committee, the Director of Public Works, the Director of Finance and the Corporation Counsel. Mayor Eriquez so ordered and appointed Council Members Levy, Gogliettino and Saracino to the committee.

        36 COMMUNICATION Old East Ditch Flooding

        Manny Furtado asked that this be referred to the City Engineer for a report back within thirty days. Mayor Eriquez so ordered.

        37 REPORT Request for Sewer and Water Extensions 8 Rose Street

        Mr. Machado submitted the following report:

        The Common Council Committee appointed to review the request for sewer and water extensions at 8 Rose Street met on June 19, 2001 at 7:30 P.M. in City Hall. In attendance were committee members Machado, Shuler and Martin Moore. Also in attendance were City Engineer William Buckley and the petitioners Bradley Rodriques and Gary Odessa.

        Mr. Machado noted the positive recommendation from the Planning Commission. Mr. Buckley gave a positive view of the request. The only question pertains to the size of the pipe to be used and that the petitioners should hire an engineer. Mr. Odessa asked if a septic system could be installed. Mr. Buckley said that it could not.

        Martin Moore made a motion to recommend to the Common Council the approval of the request subject to the normal eight steps. Seconded by Mr. Shuler. Motion carried unanimously.

        The report was received on the Consent Calendar and the recommendations regarding sewer and water extensions approved.

        38 REPORT Request for Sewer Extension 9 Segar Street

        Mr. Machado submitted the following report: