Board of Aldermen Minutes December 28, 2006 Meeting Called to Order at 7:02 PM. Pledge of Allegiance. Roll Call: Ken Hughes, Ron Sill, Tony Szewczyk, Matthew DeBarbieri, Joseph Bomba, Bev Moran, Scott Boulton and James Benanto Jr. (7:08 PM) Dennis Devonshuk Absent. Table Approval of Minutes November 30, 2006 Motion by Ken Hughes. Second by Tony Szewczyk. All in Favor. Motion Passes. Additions, Deletions or Corrections to the Agenda as Presented. Ken Hughes without objection to add: #18. Board of Education Teacher Arbitrated Award Contract. #19. Greenway Phase 3 Discussion and Possible Action on City of Derby 20%. #20. Executive Session if necessary. Remove Item #12 Parking Authority Report and Replace with Public Works Report Motion to add the above mention to the Agenda as presented. Motion by Matt DeBarbieri. Second by Ron Sill. All in Favor. Motion Passes. Public Portion: Scott O Brien 178 Shagbark Dr., Derby. Mr. O Brien spoke in regards to the recent pending announcement banning dogs on the Greenway walkway. He questioned the number of violations and the facts presented by this Board and the Parks and Rec Committee. Mr. O Brien submitted several articles written with regards to the walking of dogs along with physical fitness. Several suggestions were offered. One was the creation of the Greenway Ambassadors to help be the eyes and ears of the Police Department. Another was the installation of call boxes strategically placed for added safety along with screen monitors connected to the Police Department.
Thomas Lionetti Sunset Dr., Derby. Mr. Lionetti spoke also on behalf of the pending restrictions of banning dogs on the walkway. He stated that six months makes no sense then to got back and allow dogs. The time is to fix the problem now D. Krezel 33 Paugassett Rd., Derby. Questioned if Witek Park would also have the ban regarding no dogs allowed. He was told no by members of the Board of Aldermen. Bonnie Chucka Laurel Ave., Derby. Repeated the statements of Scott O Brien. She stated for the record that she walks her dog regularly and has not once come upon the problems as stated in the recent newspaper articles by members of the Parks and Rec Committee and Board of Aldermen. Joan (Inaudible) Hallocks Landing Minerva Street, Derby. It was stated that she feels the No Dogs Allowed ordinance as proposed only effects those that follow the law. The walkers that disregard the law now will continue to disregard the law no matter what. Frank Vaccarino 82 Factory St., Derby. Questioned how an objective opinion can be given with regards to the banning of dogs from the Greenway. Dan Walseki 21 Elm St., Derby. Assured members of the general public that this Board will do what is right for all of Derby s residents with regards to the dogs on the Greenway. Mr. Waleski s second comment was with regards to Item #13, the appointment of Andrew Cota to the Parks and Rec Commission. Mr. Waleski stated that this board failed to recognize an important citizen of Derby who would work well as a member of the commission that is Red Clynch and would ask that this board table this appointment until Mr. Clynch s name was given consideration. Charles Samson 6 Commodore Hull Dr., Derby. Invited members of the Board and Mayor Staffieri to the swearing in ceremony at 7:00 PM on January 2, 2007 at the firehouse. Mr. Roger Birtwell 8 Third St., Derby. Stated his concerns regarding the ban of dogs on the Greenway also. Greg Narowski Seymour Ave., Derby. Also questioned the banning of dogs on the Greenway. Mr. Sid 14-16 Cottage St., Derby. Came before the Board in regards to his property being sighted for blight. He had several questions and at this time Tony Szewczyk, Chairman of the BOA Downtown Sub-Committee referred him to the next Downtown Committee meeting.
Martin Hubbard 57 Hawthorne Ave., Derby. Spoke of the Renaissance and the Rising of downtown Derby. he asked that this Board and the citizens not forget the Derby School system. He made an appeal to this Board to remember the value of public education Harvey Finkel 270 Shagbark Dr., Derby. Mr. Finkle submitted for the record a petition to the Mayor and the Board of Aldermen with resident s signatures with their objection to the proposed banning of dogs on the Greenway. No Committee Reports. Fire Marshall Report Month of November No Questions. Building Department Report Month of November No Questions. Blight Report Month of November David Kopjanski, Blight Officer stated that the Minerva and Cottage Street properties need to be sent to the Downtown Committee for further action. Police Department Report Month of November Reported that 3 youths were apprehended for painting of the walls along the Greenway. The juveniles were reportedly from Shelton and Stratford. Public Works Department Report through December 28, 2006. Mr. Culmo stated that his department has been called several times with regards to the following city owned properties: (1) 96-98 Olivia St., (2) 36 Lafayette St., (3) 44 Lafayette St. and (4) 43 Fifth St.. Mr. Culmo stated that these buildings must be torn down they are falling down as we speak along with becoming a dumping ground and homeless hideaway. Ron Sill questioned the City s liability with regards to the above mentioned addresses? Mayor Staffieri asked Mr. McLiverty, City Treasurer if there was a separate line item for the demolition of these buildings? Mr. Mc Liverty stated that there has been no demolition funding in four years. Mayor Staffieri stated that they will research funding immediately and look where these costs can be budgeted from. Appointment of Andrew Cota Parks and Rec. Commission. Motion by Ron Sill. Second by James Benanto. Discussion on the Motion: Bev Moran asked who Mr. Cota is replacing? It was stated either Mr. Cripps or Mrs. Izzo. She also asked if Mr. Clynch s name was submitted for consideration. Mayor stated there was no recommendation for Mr. Clynch at the time of his consideration of Mr. Cota. Bev asked for a friendly amendment to the motion that Mr. Red Clynch be given the next opportunity to serve on the Parks and Rec Commission at the next available opening.
Motion to except the amendment as stated by Ron Sill. Second by James Benanto. All in Favor. Motion Passes. Approval of Vendor Application of Floral Service Corporation 445 New Haven Ave. Motion by Matt DeBarbieri. Second by Tony Szewczyk. All in Favor. Motion Passes. Approval of Vendor application of Jim s Ice Cream. No action taken. Sent to Downtown Committee. Refund of Excess Taxes Paid through 12/21/06 Cinda Butcher Tax Collector. Motion by Ron Sill. Second by Scott Boulton. All in Favor. Motion Passes. Consideration and Action on one (1) or more Resolutions approving Appropriations and Borrowing authorizations for School Projects, Establishing the Particulars of Referendum Votes on such resolutions, and Authorizing the Preparations and Distribution of Explanatory Texts in connection with such Referendum Votes. Corporation Counsel read into the record the following from Dave Kopjanski, Building Dept. Building Code Requirements for Existing Buildings Undergoing Renovation/Additions In response to your questions regarding the above matter, please understand that the Connecticut State Building Code is not retroactive, except in certain circumstances. Largely, these exceptions revolve around renovations and alterations to existing buildings. Once an element of an existing building is replaced or altered from its original use, it shall be made code complaint. An addition to an existing building would receive code compliance improvements only in so far that the addition affects elements of the existing building. Examples of this are too numerous to enumerate, however, some code issues affecting existing buildings undergoing an addition include the impact on structural members at points of attachment, interference with existing exterior exits, increased power and load requirements to the electrical and mechanical systems, and of course, the requirement to install a fire suppression system throughout the total interior space. A design professional will include the code compliance upgrades necessary within the
Existing building when designing the addition. A plan Review by this Department is required by State Statue to ensure that the design meets the Connecticut State Building Code. Mayor Staffieri questioned if someone outside of the City would be needed to do the evaluation? Phil Hawks, Fire Marshall stated that the pending contractor would be responsible for hiring the person(s). Motion of two questions (1) 7-8 Grade Middle School with and addition at Bradley School and (2) 6-8 Middle School free standing. Discussion on the Motion: Motion by Ken Hughes. Second by Scott Boulton. Matt DeBarbieri stated that he could not support a 6-8 free standing building. Mayor Staffieri read the following into the record: My Dear Friends, When I was running for election I promised the people of Derby a choice. A choice for all voters to decide how we will go forward in offering our young people an education. Each one of us will enter the voting booth and cast our vote for the direction we, as voters, wish our City to move forward. Please remember, tonight, you are discussing what choice or choices we will place before the voters. Not your choice but the options for those who had the wisdom to elect each and every one of us. I personally would like to offer the people a choice between the least costly option which will solve our current overcrowding problem and what, in the long run will offer the best educational opportunity for our children. The children of today as well as the children 20 years from now. That is what America is all about. Place the options before the people and let them decide. Bev Moran stated that there were still to many questions regarding structure and costs and would not vote until all Board Members have met and are in agreement with the figures presented as to the actual costs with each option put before the Voters. Mr. Sill was in agreement with Mr. DeBarbieri two choices would confuse the citizens. Aldermen Benanto was also in agreement. Roll Call Vote was made on the two Resolutions 16A and 16B placed before the Board.
Tony Szewzcyk Yes Matt DeBarbieri No Bev Moran No James Benanto No Ron Sill No Joseph Bomba Yes Ken Hughes Yes Scott Boulton Yes Dennis Devonshuk Absent CC Joseph Coppola ruled that Mayor Staffieri could not break a tie vote in the case of the City incurring a debt. Conversations began between Martin Hubbard, BOE Chairman and Joseph Bomba as to different statements made at various meetings with regards to option #1(16A) and option #2(16B). Mr. Bomba further stated that the BOE does not even have the figures available as to the actual costs involved to the taxpayer of Derby. The following was read into the record by Ken Hughes: INSERT FROM 2/23/06 Mayor Staffieri went on to state that Derby is behind in the State requirement per square footage per student. He further stated that is the BOE duty to sell the idea to the voting public. Ken stated that the 6-8 and addition at Bradley School was the best choice of the BOE. We should have two questions and let the voters decide. Bev asked for a meeting with the developer and the Tax Board before any decisions are made Dr. Robinson stated for the record that the Redistricting and the Middle School are two separate issues. An ideal education solution would be Pre-K 2, 3-5, 6-8 (Middle School) and 9-12(High School) this would be educationally sound. She emphasized the importance of space. Currently there are 32 students per class at the Middle School. The BOE votes on option #1(16A) and #2(16B). Motion for one option 16A. (Roll Call Vote) Discussion on the Motion: Motion by Ron Sill. Second by Matt DeBarbieri. Several conversations centered on the possibility of an addition down the line if option #1(16A) were chosen? Bev Moran stated that there still are too many unanswered questions to vote.
Mayor Staffieri stated that there needs to be another meeting scheduled for the presentation of the figures for the stand alone then previously presented. Mr. Sill rescinded his withdrew his motion pending further information. Mr. DeBarbieri wants clarification from DiCarlo & Doll. Mayor Staffieri wants all cost presented for the 7-8 with the possibility of another level at another time. Motion to Table the Referendum Question Vote. Motion by Matt DeBarbieri. Second by Ken Hughes. All in Favor. Motion Passes. Motion for a 10 minute recess at 8:45 PM. Motion by Ron Sill. Second by Scott Boulton. All in Favor. Motion Passes. Motion to resume at 8:55 PM. Motion by Scott Boulton. Second by Matt DeBarbieri. All in Favor. Motion Passes. Motion to send all the recommendations made here tonight back to the Greenway Committee with regards to the banning of dogs on the walkway. Motion by Ken Hughes. Second by Bev Moran. All in Favor. Motion Passes. Mr. Hughes stated for the record that he is not a dog hater. Mr. Bomba stated that if the members of the Board had listened to him this would have been handled this way in the first place. Board of Education Teacher Arbitrated Award Contract Motion to accept the Contract as presented. Motion by Ken Hughes. Second by Matt DeBarbieri. Discussion on the Motion: Mr. Hubbard, BOE Chairman read a letter stating that the contract is fair and equitable for all parties concerned. Mr. McLiverty, City Treasurer was asked if the Tax Board was invited to the arbitrated meetings. Mr. McLivery stated yes and Mr. Hubbard stated no one was present. Mr. McLiverty was also asked the medical percentage of the contract. Mr. McLiverty stated that he had just gotten the paperwork however the figures are within range. Motion to withdraw the Motion.
Motion by Ken Hughes. Second by Matt DeBarbieri. All in Favor. Motion Passes. Greenway Phase 3. Read into the record by Ken Hughes, President : Be it herby resolved by the Board of Aldermen of the City of Derby: 1. That the Board supports the design and construction of Phase 3 of the Naugatuck River Greenway; and 2. That the City has established the required Greenway Project Advisory Committee; and 3. That the Board authorizes, accepts and acknowledges the cost of the project, including design, construction and inspection to be $1,471,890 to be funded by $294,360 in City of Derby funds and the balance to be paid through reimbursement by Federal funds in the amount of $1,177,440; and 4. That the Mayor of the City of Derby is empowered to execute an agreement between the City of Derby and the State of Connecticut Department of Transportation in order to proceed with the advertisement and selection of the design consultant for this project. Adopted this 28 th day of December, 2006. Motion to Accept Greenway Phase 3 as presented. Motion by Ken Hughes. Second by Matt DeBarbieri. All in Favor. Motion Passes. Motion to Adjourn at 9:22 PM. Motion by Ron Sill. Second by Matt DeBarbieri. All in Favor. Motion Passes. Respectfully submitted, Laura A. Wabno Recording Secretary January 15, 2007