TO: Mayor Mark D. Boughton and Members of the Common Council
RE: Minutes of the Common Council Meeting held July 6, 2005
Mayor Boughton called the meeting to order at 7:30 P.M. The Pledge of Allegiance and Prayer were offered. The members were recorded as:
PRESENT – McMahon, Trombetta, Calandrino, Saadi, Barry, Visconti, Steinerd, Urice, Esposito, Nolan, Saracino, Cavo, Diggs, Teicholz, Nagarsheth, Riley, Seabury
ABSENT – Burns, Basso, Payton, Stanley
17 PRESENT – 4 ABSENT
Mrs. Basso was on vacation and Mrs. Stanley had a death in her family.
PUBLIC SPEAKING
Lynn Waller, 83 Highland Avenue – spoke regarding item 9. The appointment of Scott LeRoy was a wise decision.
Tom Spegnolo, 33 Candlelight Drive – He has had his hot dog cart in front of Hatters Park as per an agreement with the City. He does not agree that he is taking business away from the bowling alley.
MINUTES – Minutes of the Common Council Meeting held June 7, 2005. Mr. Nolan made a motion to adopt the minutes as presented and waive the reading as all members have copies. Seconded by Mr. Cavo. Motion carried unanimously.
CONSENT CALENDAR – Ms. Saracino offered the following items for the Consent Calendar:
2 – Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton to apply for and accept a per capita grant from the State of Connecticut Department of Public Health in the amount of $72,711.78 for programs delivered by the City’s Department of Health and Housing during the 2005-2006 fiscal year.
3 – Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton to apply for and accept grant funding from the State of Connecticut Department of Public Health in the amount of $194,083.00 for programs delivered by the City’s Health and Housing School Based Health Center in the 2005-2006 fiscal year and $194,083.00 in the 2006-2007 fiscal year.
4 – Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton to apply for and accept a grant from the State of Connecticut Department of Public Health in the amount of $13,667.00 for Youth Violence Prevention programs delivered by the City’s Department of Health and Housing School Based Health Center for the period of July 1, 2005 through June 30, 2006.
5 – Receive the communication and adopt the Resolution authorizing a six-month extension of time to January 1, 2006 for Corporation Counsel to acquire necessary easements pertinent to the Jackson Drive area sanitary sewer project, the Shore Road drainage project, the Segar Street sewer project and the Carolyn Avenue sewer project.
6 – Receive the communication and adopt the Resolution authorizing the Corporation Counsel to take the necessary steps to acquire the specified easement related to Olive Street and Tilden Road sanitary sewer project.
13 – Receive the communication and confirm the appointment of Kurt Weber as an Alternate Member of the Environmental Impact Commission.
17 – Receive the communication and approve an appropriation of $20,000 to the Ambulance Fund to compensate for increased collection costs attributable to increased user fees. The funds for this appropriation will come from the increased revenue attributable to user fees per the Finance Director’s certification.
18 – Receive the communication and authorize the transfer of $17,000 to the Police Department Special Services Account.
19 – Receive the communication and authorize the transfer of $5,000.00 from the Insurance & Official Bond Premium/Public Liability Account to supplement the Airport Budget for accounts as outlined.
27 – Receive the communication and authorize the City Purchasing Agent to dispose of the listed surplus vehicles and equipment as per his recommendation.
30 – Receive the communication and authorize the Corporation Counsel to execute the necessary documents to acquire title to a parcel of land with a snow shelf easement and a permanent water line easement from Boehringer Ingelheim Pharmaceuticals, Inc.
32 – Receive the report and adopt the committee recommendation to take no action.
33 – Receive the report and adopt the committee recommendation to adopt the Danbury/Bethel Consolidated Water Agreement.
34 – Receive the report and adopt the committee recommendation to authorize the transfer of $500,000 to the Board of Education in accordance with the matching funds proposal offered for fiscal year 2004-2005.
36 – Receive the report and adopt the committee recommendation to authorize the Director of Public Works to begin the process of acquiring the Aqua Vista Water System through the assessment methodology and refer to the Third Ward Council Members for a community meeting with all concerned property owners.
37 – Receive the report and adopt the committee recommendation to approve the request for sewer extension to 25 Segar Street subject to the required eight steps.
38 – Receive the report and adopt the committee recommendation to approve the request for water extension to 45 Woodside Avenue subject to the required eight steps plus a ninth step indicating that the City will provide necessary materials and the work will be completed by the petitioner.
39 – Receive the report and adopt the committee recommendation to approve the conveyance of land and sidewalk easements on Timber Oak, South Street and Mannions Lane from Bethel Danbury II, LLC.
40 – Receive the report and adopt the committee recommendation to approve the affordable housing contract for Town Hill Avenue.
41 – Receive the report and adopt the committee recommendation to take no action.
Mr. Cavo made a motion to adopt the consent calendar as read. Seconded by Mr. Riley. Motion carried unanimously.
1 – RESOLUTION – Cityworks 2000
RESOLVED by the Common Council of the City of Danbury:
Section 1. $238,000 of the $238,000 unissued balance of the $14,900,000 bonds of the City authorized pursuant to an ordinance entitled “An Ordinance Making Appropriations Aggregating $14,900,000 For Various Public Improvements (The Cityworks 2000 Program) And Authorizing The Issue Of $14,900,000 Bonds Of the City To Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Common Council on July 2, 1996 and approved by the electors at a referendum on November 6, 1996, shall be issued and sold forthwith by the Mayor as part of an issue of $10,940,000 General Obligation Bonds, Issue of 2005, (the “Bonds”).
Section 2. The Bonds shall be dated August 1, 2005 mature $11,000 on August 1 in each of the years 2006-2007, both inclusive and $12,000 on August 1 in each of the years 2008-2025, both inclusive, bear interest payable on February 1,2006 and semiannually thereafter on August 1 and February 1 in each year until maturity. The Bonds maturing on August 1, 2013 and thereafter are subject to redemption at the respective prices set forth in the following table together with interest accrued and unpaid to the redemption date:
Redemption Date Redemption Price
From August 1, 2013 and thereafter………………………………100%
Section 3. The Bonds are determined to be issued for General Public Improvement purposes and shall be includable in the City’s aggregate indebtedness for purposes of the City’s statutory limitation on indebtedness under Section 7-374 of the General Statutes of Connecticut as debt for General Public Improvement projects.
Section 4. U. S. Bank National Association, in Hartford, Connecticut, is hereby appointed as agent of the City to act as Registrar and Transfer Agent, Certifying Bank and Paying Agent and with respect to the Bonds.
Section 5. The Bonds shall be issued as book-entry bonds in accordance with the terms and provisions set forth in a Letter of Representations from the City of Danbury to The Depository Trust Company.
Section 6. The Mayor and City Treasurer are hereby authorized to execute and deliver a Tax Regulatory Agreement on behalf of the City of Danbury in such form and containing such terms and provisions as they deem necessary and appropriate, and to rebate to the Federal Government such amounts, if any, as may be required pursuant to the Tax Regulatory Agreement for the purpose of complying with the requirements of the Internal Revenue Code of 1986, as amended.
Mr. Urice made a motion to receive the communication and adopt the Cityworks 2000 Resolution. Seconded by Mr. Nagarsheth. Motion carried unanimously.
2 – RESOLUTION – Per Capita Grant
WHEREAS, the State of Connecticut Department of Public Health has made additional per capita funds available for 2005-2006 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 $72,711.78 with no local match required will be processed by the Danbury Health and Housing Department for a grant term of July 1, 2005 through June 30, 2006.
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 $72,711.78 to execute all contracts or amendments thereof concerning said grant and to take all necessary actions to effectuate the purposes thereof.
The communication was received on the Consent Calendar and the Resolution authorizing Mayor Mark D. Boughton to apply for and accept a per capita grant from the State of Connecticut Department of Public Health in the amount of $72,711.78 for programs delivered by the City’s Department of Health and Housing during the 2205-2006 fiscal year adopted.
3 – RESOLUTION – School Based Health Center
WHEREAS, the State of Connecticut Department of Health Services has notified the Department of Health and Housing of the City of Danbury of the City’s eligibility to apply for a School Based Health Center Continuation Grant in an amount not to exceed $388,166.00; and
WHEREAS, the grant term will cover a two year period of July 1, 2005 through June 30, 2006 for $194,083.00 and a second year July 1, 2006 to June 30, 2007 for an additional $194,083.00 with no local match required; and
WHEREAS, the State’s purpose in providing these funds is to enable the City’s Health and Housing Department to provide the age appropriate accessible and affordable medical and mental health care services of Danbury High School students.
NOW, THEREFORE, BE IT RESOLVED THAT Mark D. Boughton, 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 Mark D. Boughton is hereby authorized to take any and all actions necessary to effectuate the purposes hereof.
The communication was received on the Consent Calendar and the Resolution authorizing Mayor Mark D. Boughton to apply for and accept grant funding from the State of Connecticut Department of Public Health in the amount of $194,083.00 for programs delivered by the City’s Health and Housing School Based Health Center in the 205-2006 fiscal year and $194,083.00 in the 2006-2007 fiscal year adopted.
4 – RESOLUTION – Preventive Health Care Block Grant
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 Housing Services Block Grant in an amount not to exceed $13,667.00; and
WHEREAS, the grant will cover the period of July 1, 2005 through June 30, 2006 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 location 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, 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 communication was received on the Consent Calendar and the Resolution authorizing Mayor Mark D. Boughton to apply for and accept a grant from the State of Connecticut Department of Public Health in the amount of $13,667.00 for Youth Violence Prevention Programs delivered by the City’s Department of Health and Housing School Based Health Center for the period of July 1, 205 through June 30, 2006 adopted.
5 – RESOLUTIONS – Acquisition of Property – Jackson Drive Sewer Project, Shore Road Drainage, Segar Street/O&G Sewer, Carolyn Avenue
WHEREAS, the City of Danbury is proceeding with plans and designs to implement the Carolyn Avenue area sanitary sewer project; and
WHEREAS, the properties to be acquired are described and identified in EXHIBITS A, B, C, D and E, attached hereto; and
WHEREAS, said easements will have to be acquired either by negotiation with the property owners or by eminent domain, if such negotiations are unsuccessful; and
WHEREAS, it is in the best interest of the City of Danbury to acquire said rights and proceed with the work required.
NOW, THEREFORE, BE IT RESOLVED THAT the City of Danbury through the Office of Corporation Counsel be and hereby is authorized to acquire the easements set forth on EXHIBITS A, B, C, D and E attached hereto, in accordance with procedures established by State law, either by negotiation or eminent domain through the institution of suit against the interested property owners and holders of mortgages encumbering the properties, if any, by January 1, 2006.
WHEREAS, the City of Danbury is proceeding through plans and designs to make necessary improvements to the Jackson Drive area sanitary sewer; and
WHEREAS, the Common Council previously approved the acquisition of easements in connection with the project; and
WHEREAS, the properties to be acquired are described and identified in EXHIBITS A, B, C, D, and E attached hereto; and
NOW, THEREFORE, BE IT RESOLVED THAT the City of Danbury, through the Office of Corporation Counsel, be and hereby is authorized to acquire the easements set forth on EXHIBITS A, B, C, D and E attached hereto, in accordance with procedures established by State law, either by negotiation or eminent domain through the institution of suit against the interested property owners and holders of mortgages encumbering the properties, if any, by January 1, 2006.
WHEREAS, the City of Danbury seeks to correct drainage problems on Shore Road; and
WHEREAS, it will be necessary to acquire interest in and to real property as set forth in the Schedules A and B attached hereto containing the legal descriptions of the properties involved; and
WHEREAS, eminent domain proceedings will be necessary if the City of Danbury cannot agree with the owners of said properties upon the amount, if any, to be paid for their respective interests to be taken in and to the real property listed on said schedules.
NOW, THEREFORE, BE IT RESOLVED THAT the Corporation Counsel of the City of Danbury is hereby authorized to acquire on or prior to January 1, 2006 property interests as set forth in the attached legal descriptions either by negotiation or by eminent domain through the institution of suit against the named property owners, their heirs, executors, successors and assigns and their respective mortgage holders and encumbrances, if any.
WHEREAS, the City of Danbury is proceeding through plans and designs to make necessary improvements to the Segar Street sanitary sewer; and
WHEREAS, the property to be acquired is described and identified in EXHIBIT A attached hereto; and
WHEREAS, said easement will have to be acquired either by negotiation with the property owner or by eminent domain, if such negotiations are unsuccessful; and
NOW, THEREFORE, BE IT RESOLVED THAT the City of Danbury, through the Office of Corporation Counsel, be and hereby is authorized to acquire the easement set forth on EXHIBIT A attached hereto, in accordance with procedures established by State law, either by negotiation or eminent domain through the institution of suit against the interested property owners and holders of mortgages encumbering the properties, if any, by January 1, 2006.
The communication was received on the Consent Calendar and the Resolutions authorizing a six-month extension of time to January 1, 2006 for Corporation Counsel to acquire necessary easements pertinent to the Jackson Drive area sanitary sewer project, the Shore Road drainage project, the Segar Street sewer project and the Carolyn Avenue sewer project adopted.
6 – RESOLUTION – Olive Street and Tilden Road Sanitary Sewer
WHEREAS, the City of Danbury is proceeding through plans and designs to extend public sewer lines in the Olive Street/Tilden Road area; and
WHEREAS, the Common Council previously authorized the acquisition of an easement from the property owners identified on EXHIBIT A; and
WHEREAS, said property owners have requested that the City modify the easement as proposed; and
WHEREAS, the Common Council, upon the recommendation of the City Engineer is willing to grant said request; and
WHEREAS, the property interest to be acquired is described and identified in EXHIBIT A attached hereto; and
WHEREAS, said easement will have to be acquired either by negotiation with the property owners or by eminent domain, if such negotiations are unsuccessful; and
The communication was received on the Consent Calendar and the Resolution authorizing the Corporation Counsel to take the necessary steps to acquire the specified easement related to Olive Street and Tilden Road sanitary sewer project adopted.
7 – COMMUNICATION & ORDINANCE – Immanuel Lutheran School Funds
Mr. Cavo asked that the ordinance be deferred to public hearing. Mayor Boughton so ordered.
8 – COMMUNICATION – Resignation of Common Council Member Georgette Burns
Mr. Seabury made a motion that the communication be received and the resignation accepted with regret. Seconded by Ms. Saracino. Motion carried unanimously.
9 – COMMUNICATION – Appointment of Director of Health
Letter from Mayor Mark D. Boughton requesting confirmation of the appointment of Scott LeRoy to the position of Health Director. Mr. Urice made a motion to receive the communication and confirm the appointment. Seconded by Mr. Seabury. Motion carried unanimously.
10 – COMMUNICATION – Promotion within the Fire Department
Letter from Mayor Mark Boughton requesting confirmation of the promotion of Firefighter Richard A. Gerlach, Jr. to the position of Dispatcher for the Danbury Fire Department. Ms. Teicholz made a motion to receive the communication and confirm the promotion. Seconded by Ms. Saracino. Motion carried unanimously.
11 – COMMUNICATION – Appointment as Police Officer
Letter from Mayor Mark Boughton requesting confirmation of the appointment of Melissa Morrill to the position of police officer. Mr. Trombetta made a motion to receive the communication and confirm the appointment. Seconded by Mr. Barry. Motion carried unanimously.
12 – COMMUNICATION – Promotion within the Police Department
Letter from Mayor Mark Boughton requesting confirmation of the promotion of Sergeant J. Brian Murphy to the rank of Lieutenant within the Danbury Police Department. Mr. Seabury made a motion to receive the communication and confirm the promotion. Seconded by Mr. Urice. Motion carried unanimously.
13 – COMMUNICATION – Appointment as Alternate Member of the EIC
Letter from Mayor Mark Boughton requesting confirmation of the appointment of Kurt A. Weber as an Alternate Member of the Environmental Impact Commission for a term to expire December 1, 2007. The communication was received on the Consent Calendar and the appointment confirmed.
14 – COMMUNICATION – Donation to the Parks and Recreation Department
Letter from Director of Recreation Craig Renda requesting permission to accept a donation in the amount of $1,000 from the Starbucks Coffee Company. Mr. Riley made a motion to receive the communication, accept the donation, credit the appropriate line item and send a letter of thanks. Seconded by Mr. Nagarsheth. Motion carried unanimously.
15 – COMMUNICATION – Donations to the Department of Elderly Services
Letter from Director of Elderly Services Susan Tomanio requesting permission to accept donations in the total amount of $250 to the Department of Elderly Services. Mr. Steinerd made a motion to receive the communication, accept the donations, credit the appropriate line items and send letters of thanks. Seconded by Ms. Teicholz. Motion carried unanimously.
16 – COMMUNICATION – Request for Audit Committee
Letter from Director of Finance & Personnel Dena Diorio requesting that an audit committee be appointed to allow the auditors to lay out the audit plan and to solicit suggestions on areas that they should explore.
Ms. Diggs asked that this be referred to a committee, the Director of Finance, the Auditors and the Corporation Counsel. Mayor Boughton so ordered and appointed Council Members Urice, Calandrino and Esposito to the committee.
17 – COMMUNICATION – Appropriation to the Ambulance Fund
Letter from Director of Finance Dena Diorio requesting that the Common Council approve an additional appropriation of $20,000 to the Ambulance Fund budget, line item 50000.5349 – Billing Fees. The availability of funds is certified from increased revenue generated from ambulance user fees.
The communication was received on the Consent Calendar and the appropriation of $20,000 to the Ambulance Fund approved.
18 – COMMUNICATION – Police Department Special Services Account
Letter from Police Chief Alan Baker requesting that the sum of $17,000 be transferred to the Police Department Special Services Account for purposes of meeting salary demands for police private duty services through June 30, 2005. These funds are returned to the City as generating revenue. The transfer of funds was authorized on the Consent Calendar.
19 – COMMUNICATION – Appropriation to the Airport
Letter from Director of Finance Dena Diorio requesting that the sum of $5,000 be transferred to the Airport budget for fuel and utilities. The funds are to be transferred from the Insurance & Official Bond Premium/Public Liability account. The communication was received on the consent calendar and the transfer of funds authorized.
20 – COMMUNICATION – Request for Waiver of Bids – Airport
Request from Airport Administrator Paul Estefan requesting a waiver of bids for the security study at the Airport and also that Louis Berger Group, Inc. be awarded the contract with an amount not to exceed $25,000 to conduct the security study.
Mr. Urice made a motion to receive the communication, allow the waiver of bids and award the contract to the Louis Berger Group, Inc. with an amount not to exceed $25,000 to conduct the security study. Seconded by Mr. Cavo. Motion carried unanimously.
21 – COMMUNICATION – Request for Sewer and Water Extensions – 20 Deer Hill Avenue
Mr. Calandrino 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 Visconti, Barry and Seabury to the committee.
22 – COMMUNICATION – Request for Sewer and Water Extensions – 40 Oil Mill Road
Mr. Nagarsheth 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 Steinerd, Urice and Barry to the committee.
23 – COMMUNICATION – Request for Variance of Noise Ordinance
Mr. Nolan asked that this be referred to an ad hoc committee, the Corporation Counsel and the Police Chief. Mayor Boughton so ordered and appointed Council Members Nolan, Cavo and Saadi to the committee.
24 – COMMUNICATION – Replacement of Drainage Pipes from Deer Hill Avenue to Seeley Street to Mountainville Avenue
Mr. Visconti asked that this be referred to an ad hoc committee, the Director of Finance and the Director of Public Works. Mayor Boughton so ordered and appointed Council Members Basso, Seabury and Barry to the committee.
25 – COMMUNICATION – Violation of Lease at Hatters Park
Mr. Steinerd asked that this be referred to the Director of Parks and Recreation for a report back within thirty days. Mayor Boughton so ordered.
26 – COMMUNICATION – Request for Sewers on Broad Street
Mr. Saadi asked that this be referred to the Director of Public Works for a survey. Mayor Boughton so ordered.
27 – COMMUNICATION – Disposal of Surplus Vehicles and Equipment
Letter from Purchasing Agent Charles Volpe request permission to sell surplus items to the highest bidders. The communication was received on the Consent Calendar and the Purchasing Agent authorized to dispose of the listed surplus vehicles and equipment as per his recommendation.
28 – COMMUNICATION – Application for Deferral of Assessment Increases – Praxair, Inc. 39 Old Ridgebury Road
Ms. Diggs asked that this be referred to an ad hoc committee, the Director of Finance, the Corporation Counsel, the Director of Economic Development and the Director of Planning. Mayor Boughton so ordered and appointed Council Members Nolan, Nagarsheth and Saadi to the committee.
29 – COMMUNICATION – Application for Deferral of Assessment Increases – Cendant Mobility, 40 Apple Ridge Road
Mr. Calandrino asked that this be referred to an ad hoc committee, the Director of Finance, the Corporation Counsel, the Director of Economic Development and the Director of Planning. Mayor Boughton so ordered and appointed Council Members Nolan, Nagarsheth and Saadi to the committee.
30 – COMMUNICATION – Warranty Deed and Easement – Boehringer Ingelheim Pharmaceuticals, Inc.
Letter from Assistant City Engineer Patricia Ellsworth requesting that the Corporation Counsel’s office be authorized to work with Boehringer Ingelheim relative to the City’s acceptance of a parcel of land for highway purposes and easements as described.
The communication was received on the Consent Calendar and the Corporation Counsel authorized to execute the necessary documents to acquire title to a parcel of land with a snow shelf easement and a permanent water line easement from Boehringer Ingelheim.
31 – COMMUNICATION – Change of Name from Pondfield Road to Smoke Hill Drive
Mr. Trombetta asked that this be referred to the Planning Department for a report back within thirty days. Mayor Boughton so ordered.
32 – REPORT – Tax Assessment Deferral – 14-16 State Street
Mr. Cavo submitted the following report:
The Common Council Committee appointed to review the request for a tax assessment deferral at 14-16 State Street met on May 23, 2005 at 7:30 P.M. in the Third Floor Caucus Room. In attendance were committee members Cavo, Calandrino and Saadi. Also in attendance were Deputy Corporation Counsel Eric Gottschalk, Director of Planning Dennis Elpern, Director of Economic Development James Bellano, Tax Assessor Colleen Burke, the petitioner Brendan Spain and Council Members Basso, Saracino, Teicholz and Urice, ex-officio.
Mr. Elpern reported that the site plan is for twenty-seven one-bedroom apartments and was approved in January 2004. He received the request in February 2004 in the amount of $850,000 for two years. He reviewed it for the four items he is responsible for and found that they applied. There are no delinquent taxes and the petitioner is prepared to enter into a written agreement with the City. The permits were applied for on April 27, 2004 and the Certificates of Occupancy were issued on May 9th and 10th, 2005.
Attorney Gottschalk stated that there is a provision in Section 18-25, subsection (e)(6) stating “properties upon which construction or improvements commenced prior to the adoption of this section, but which have not yet received a certificate of occupancy, may be eligible for the benefits set forth in this section, provided that they meet the requirements of and apply in accordance with the provisions of this section”. It was adopted to suggest that there might be some work out there that might be eligible for this. Projects commenced since the adoption of this section would not be eligible because the purpose was to provide an incentive. Projects under way require no incentive. Adoption of this section was in 1997.
Mr. Spain said that as far of the project being under way when the ordinance came out, he was here two years ago for mixed use and Planning turned him down. They told him to go totally residential. He feels that if BRT is getting a tax break, the same should be given to the little guy who needs it.
Mr. Saadi stated that the petitioner is applying under the blighted property ordinance. He asked when that ordinance was adopted. Attorney Gottschalk said either in February or August of 2004. Mr. Saadi said that the theory is that the ordinance is an incentive opposed to an after the fact tax deferment. He would not be in favor of granting this deferral. Mr. Calandrino agreed.
Mr. Calandrino made a motion to recommend that the request for a tax assessment deferral at 14-16 State Street be denied. Seconded by Mr. Saadi. Motion carried unanimously.
The report was received on the Consent Calendar and the committee’s recommendation to take no action adopted.
33 – REPORT – Danbury/Bethel Consolidated Agreement
Mr. Nolan submitted the following report:
The Common Council Committee appointed to review the Danbury/Bethel Consolidated Agreement met on June 27, 2005 at 7:00 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Nolan, Diggs and Barry. Also in attendance were Deputy Corporation Counsel Eric Gottschalk, Attorney Ted Backer, the petitioner Roy Steiner and Council Members Riley, Teicholz and Urice, ex-officio.
Attorney Gottschalk stated that the Common Council authorized his office and the Engineering Department to negotiate an agreement with the Bethel Consolidated Company, which is a publicly regulated water company within the Town of Bethel. The water mains are near the Danbury water system facility. Their terminus is at the intersection of Payne Road Route 6 in Bethel.
This agreement allows for the interconnection of the two systems. It provides for the provision of potable water, fire protection, maintenance and emergencies. It provides flexibility. It provides that one of the companies can bill the other when there is a draw on either system and it is intended to serve those urgent functions that are necessary in an emergency or routine maintenance. It provides for billing at normal rates in effect for the City of Danbury customers for the size of the meters. The term is for twenty-five years and may be renewed for an additional twenty-five years by execution of written notice from Bethel Consolidated to the City of Danbury or from the City of Danbury to Bethel Consolidated.
Mr. Nolan read a letter from Mr. Buckley stating that he supports the letter and would recommend approval.
Ms. Diggs asked if we could get out of the twenty-five year term if we are unhappy with the agreement? She asked if there was a reason for the twenty-five year term? Attorney Gottschalk stated that it was the term proposed since it was intended to be a long-term agreement. There is no expense to the City and no disadvantage to either party. Mr. Barry asked if it would provide fire suppression? Mr. Steiner said it would.
Mr. Urice asked if it was correct that after the twenty-five years, either party can give notice and the other party has no recourse? Attorney Gottschalk said that was correct. Mr. Urice asked what would constitute an emergency? Attorney Backer said if there was a main break on the Danbury side, they could turn on the valve so the City would have fire protection. The tank is a 700,000 gallon tank. Mr. Urice asked if it would constitute an emergency if Bethel decided to shut down and cease operation on its own, or in the event they required more water than they could produce? (Mr. Nolan noted that this is not the Town of Bethel water system). Mr. Steiner said there is no thought of shutting down the Bethel system and is used only for emergencies and not meant to be anything other than that. Attorney Gottschalk concurred.
Mr. Barry made a motion to recommend adoption of the Danbury/Bethel Consolidated Agreement. Seconded by Ms. Diggs. Motion carried unanimously.
The report was received on the Consent Calendar and the committee’s recommendation to adopt the Danbury/Bethel Consolidated Water Agreement approved.
34 – REPORT – BOE Request for Matching Funds – Fiscal Year 04-05
Ms. Saracino submitted the following report:
The Common Council Committee appointed to review the request from the Board of Education for matching funds for fiscal year 04-05 met on June 22, 2005 at 7:30 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Saracino, Riley and Visconti. Also in attendance were Director of Finance & Personnel Dena Diorio, Assistant Superintendent of Schools Bob Dylewski, Schools Director of Finance Elio Longo and Council Members Basso, Cavo, Stanley, Steinerd, Teicholz and Urice, ex-officio.
Ms. Saracino stated that positions eliminated amounted to a total of $510,985. Ms. Diorio stated that the matching funds were supposed to be for long-term savings and she hoped these jobs would not be filled next year. Mr. Longo stated that the Board of Education identified twelve positions to be eliminated. The Common Council offered a match program at $500,000 maximum. Mr. Longo said there was an interest in restoring these positions in the 05-06 budget, but as it stands now the budget that was passed does not include the restoration of these positions. He could not say that in three years time these positions may come before the Board. Mr. Dylewski said these positions are off the table for the next school year. They do not have the funds to restore these positions.
Ms. Saracino asked if these funds were approved, would they come from the State Aid through Education Equalization grant, rather than the contingency account? Ms. Diorio said this revenue is increased state aid for education that was not budgeted for.
A discussion followed regarding how the positions to be cut were determined, about personnel filling the jobs and about union involvement.
Mr. Riley made a motion to recommend that the Common Council authorize the transfer of $500,000 to the Board of Education for the matching funds proposal for meeting incentives for fiscal year 04-05. Seconded by Mr. Visconti. Motion carried unanimously.
The report was received on the Consent Calendar and the committee’s recommendation to authorize the transfer of $500,000 to the Board of Education in accordance with the matching funds proposal offered for fiscal year 2004-2005 approved.
35 – REPORT – Conveyance of Property for Access at 57-59 Bear Mountain Road
Mr. Steinerd submitted the following report:
The Common Council Committee appointed to review the request to purchase property for access at 57-59 Bear Mountain Road met on June 22, 2005 in the Third Floor Caucus Room in City Hall. In attendance were committee members Steinerd, Basso and Esposito. Also in attendance were Deputy Corporation Counsel Eric Gottschalk, Attorney Ward Mazzucco and Attorney Camille DeGallan, the petitioner Neuzat Murtishi and Council Members Cavo, Riley, Saracino, Stanley, Teicholz, Urice and Visconti, ex-officio.
Attorney Gottschalk recapped the situation for the committee. He stated that the Tax Assessor has valued the lot at $4,500. The question before the committee is whether to recommend conveyance of the strip which 20 feet wide and extends for 705 feet for the value assigned or other terms and conditions that the Common Council may approve. Attorney Gottschalk said it is the intention of the petitioner to acquire the parcel, but to permit the City to reserve whatever rights the City might have to use this property for municipal purposes.
Attorney Gottschalk stated that the second landowner would retain the rights to pass and repass over the road as contained in her deed from the developer. Mr. Visconti asked who would be responsible for maintaining the road? Attorney Mazzucco said that the City already owns the strip of land and selling it would mean the City relinquishes the liability for people passing over it. Attorney DeGallan stated that if Mr. Murtishi owns the land he would maintain it.
Mr. Steinerd pointed out that the property in question is not park property. It is property that allows the City access to a portion of Bear Mountain Park and the City will retain rights to use the property as needed. Mr. Steinerd said that there were concerns about the road being petitioned back to the City, but constituents would have to bring it up to code before the City would accept it.
Mrs. Basso made a motion to recommend approval of the conveyance of a strip of property 20’ x 705’ on Bear Mountain Road for a price of $4,500 and the City will reserve the right to use the property for municipal purposes and also preserve the rights of the second homeowner. Seconded by Mr. Steinerd. Motion carried with Mr. Esposito voting in the negative.
Mr. Trombetta made a motion to receive the report and approve the committee’s recommendation. After discussion, the motion failed on a vote of 12 yes and 5 no. The no votes were Calandrino, Esposito, Saadi, Barry and Visconti.
36 – REPORT – Aqua Vista Water System
Mr. Seabury submitted the following report:
The Common Council Committee appointed to review the request for the City to acquire the Aqua Vista Water System met on June 9, 2005 at 7:00 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Seabury, Riley and Visconti. Also in attendance were Director of Public Works William Buckley, Deputy Corporation Counsel Eric Gottschalk, the petitioners George Krampetz, Edward Knapp and Rory Ahearn and Council Members Cavo and Teicholz, ex-officio.
Mr. Buckley reported that this is a privately owned water company with 63 or 64 customers and four or five wells. There is a small water system on Frandon Drive and the City would interconnect the two systems since it is not ready to extend water there. There is a negative Planning Commission report because it was not clear what this request was. It is a simple thing to do, both in terms of engineering and assessment. He suggested that the City authorize him to proceed by assessment methodology and then hold a community meeting. This eliminates unanswered questions at a public hearing. They will know their value and assessment.
Mr. Visconti asked if there are any problems with the water system in the immediate future? Mr. Knapp said there are no problems in the immediate future, but there are warning signs as to quality and quantity. Mr. Buckley said he would have to secure records from the State Health Department to make sure the quality and quantity are there. We would not want to acquire a system that the State is going to come down on. It may be that the wells are not sufficient. He will find this out in an engineering evaluation.
Mr. Visconti made a motion to recommend that Mr. Buckley be authorized to proceed with the acquisition of the Aqua Vista Water System through assessment methodology. Seconded by Mr. Riley. Motion carried unanimously.
The report was received on the Consent Calendar and the committee’s recommendation to authorize the Director of Public Works to begin the process of acquiring the Aqua Vista Water System through the assessment methodology and refer to the Third Ward Council Members for a community meeting with all concerned property owners approved.
37 – REPORT – Request for Sewer Extension at 25 Segar Street
The Common Council Committee appointed to review the request for sewer extension at 25 Segar Street met on June 27, 2005 at 7:30 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Steinerd, Urice and Esposito. Also in attendance were Robert Riley representing the DAV and Council Members Nolan and Teicholz, ex-officio.
Mr. Steinerd noted the positive recommendation from the Planning Commission. Mr. Riley stated that they now have permission from the railroad owner, Housatonic Railroad Company, Inc. to install an underground sewer line across its right of way. The septic is failing and there could be problems if it does.
Mr. Steinerd stated that he had spoken with Director of Public Works William Buckley who recommended approval subject to the required eight steps.
Mr. Urice made a motion to recommend approval of the request for sewer extension at 25 Segar Street subject to the required eight steps. Seconded by Mr. Esposito. Motion carried unanimously.
The report was received on the Consent Calendar and the committee’s recommendation to approve the request for sewer extension at 25 Segar Street subject to the required eight steps approved.
38 – REPORT – Water Extension at 45 Woodside Avenue
Mrs. Basso submitted the following report:
The Common Council Committee appointed to review the request for water extension at 45 Woodside Avenue met on June 16, 2005 at 6:15 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Basso, Esposito and Saadi. Also in attendance were Director of Public Works William Buckley, Cesar Lopes and Council Member Stanley, ex-officio.
Mrs. Basso noted that there was a positive report from the Planning Commission. Mr. Buckley stated that the petitioner would have preferred a well, but with the option of bringing water up, they agreed that he would do the work and the City would provide the materials upon approval by the Common Council. A ninth step, in addition to the normal eight steps, would be necessary stating that the City will provide the material necessary to proceed with the extension. Other existing water customers will benefit.
Mr. Saadi made a motion to recommend approval of the proposed water extension subject to the required eight steps, with an additional ninth step stating that the City will provide the materials necessary to proceed with the extension with the work done by the petitioner. Seconded by Mr. Esposito. Motion carried unanimously.
The report was received on the Consent Calendar and the committee’s recommendation to approve the request for water extension to 45 Woodside Avenue subject to the required eight steps plus a ninth step indicating that the City will provide necessary materials with the work to be completed by the petitioner approved.
39 – REPORT – Timber Oak, South Street and Mannions Lane
The Common Council Committee appointed to review Timber Oak, South Street and Mannions Lane met on June 16, 2005 at 6:30 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Basso, Esposito and Saadi. Also in attendance were Director of Public Works William Buckley, Assistant Corporation Counsel Robin Edwards, Attorney Paul Jaber for the petitioner and Council Members Cavo, Diggs and Stanley, ex-officio.
Mrs. Basso noted the positive report from the Planning Commission regarding the conveyance of the parcels of land. Mr. Buckley said this property is the old Dolan concrete plant, which straddles the Danbury Bethel Town line and is being developed for housing. The Common Council authorized sewer and water to the parcel. There is a small parcel of land on Liberty Avenue being turned over to the City for a right-of-way as required. The City also requires that Bethel Danbury II, LLC give a sidewalk easement to the City on Mannions Lane.
Mr. Saadi made a motion to recommend that the Common Council adopt the proposed conveyances as represented on the maps. Seconded by Mr. Esposito. Motion carried unanimously.
The report was received on the Consent Calendar and the committee’s recommendation to approve the conveyance of land and sidewalk easements on Timber Oak, South Street and Mannions Lane from Bethel Danbury II, LLC approved.
40 – REPORT – Affordable Housing Contract – Town Hill Avenue
Mrs. Stanley submitted the following report:
The Common Council Committee appointed to review an affordable housing contract for condominiums on Town Hill Avenue met on June 16, 2005 at 7:00 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Stanley, Riley and Visconti. Also in attendance were Assistant Corporation Counsel Robin Edwards, Director of Planning Dennis Elpern, Attorney Robin Kahn for the petitioner and Council Members Cavo, Diggs and Teicholz, ex-officio.
Attorney Edwards stated that the contract requires that the Common Council approval the affordable housing contract. The contract is standard and was drawn up by the Corporation Counsel. She has reviewed it with Attorney Kahn. They have the necessary planning approvals and the Common Council has a positive report from the Planning Commission. Mr. Elpern stated that the property is on Town Hill Avenue between Stillman and Clark. The existing house will remain and six units will be added. Regulations allow one unit per 4,000 square feet, but becomes 2,500 for affordable housing. Rather than six units it gives an additional two units. With any bonus units, half must be affordable housing.
Mr. Riley made a motion to recommend that the Common Council approve the affordable housing contract on Town Hill Avenue. Seconded by Mrs. Stanley. The motion carried with Mr. Visconti voting in the negative.
The report was received on the Consent Calendar and the committee’s recommendation to approve the affordable housing contract for Town Hill Avenue approved.
41 – REPORT – Request for Sewer and Water Extensions on Stable Drive
Mr. Riley submitted the following report:
The Common Council Committee appointed to review the request for sewer and water extensions on Stable Drive met on June 9, 2005 at 7:30 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Riley, Stanley and Visconti. Also in attendance were Director of Public Works William Buckley, Deputy Corporation Counsel Eric Gottschalk, Airport Administrator Paul Estefan and Council Members Cavo, Seabury and Teicholz, ex-officio.
Attorney Gottschalk stated that since the time of the request the City has acquired the property to protect flight zones at the Airport. Since the City owns the property and it will not be developed as anticipated, the petitioner has no interest in going forward.
Mr. Visconti made a motion to recommend that no action be taken at this time. Seconded by Mr. Riley. Motion carried with Mrs. Stanley abstaining due to a conflict of interest.
The report was received on the Consent Calendar and the committee recommendation to take no action approved.
42 – DEPARTMENT REPORTS – Fire Chief (Including State of Condition and Property), Police Chief, Fire Marshall, Health and Housing, Public Works, Welfare & Social Services, Elderly Services, Permit Center, Building Department. Mr. Nolan made motion to receive the reports and waive the reading as all members have copies. Seconded by Mr. Cavo. Motion carried unanimously.
43 – Ms. Saracino made a motion to add item 43 to the agenda - a request to purchase City property on Morgan Avenue. Seconded by Ms. Teicholz. Motion carried unanimously.
Ms. Saracino 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.
Mayor Boughton extended all committees.
There being no further business to come before the Common Council a motion was made by Mr. Cavo for the meeting to adjourn at 8:40 P.M.
Respectfully submitted,
____________________________ JIMMETTA L. SAMAHA, Clerk
ATTEST:______________________________ MARK D. BOUGHTON, Mayor