City Council
Regular MeetingDanbury, CT · January 6, 2004
Minutes
TO: Mayor Mark D. Boughton and Members of the Common Council
RE: Minutes of the Common Council Meeting held January 6, 2004
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, Urice,
Esposito, Nolan, Basso, Saracino, Cavo, Bingaman, Teicholz, Nagarsheth, Payton, Riley,
Seabury, Stanley
ABSENT – Burns, Steinerd
19 PRESENT – 2 ABSENT
PUBLIC SPEAKING
Theresa Buzaid, 109 Deer Hill – in favor of Iraqi Township Sister City
Emile Buzaid – 109 Deer Hill – in favor of Iraqi Township Sister City
Robin Shepard, 1 Glen Road – is opposed to Jackson Drive Sewer
Richard Crofton-Sleigh – 23 Stadley Rough Road – against Jackson Drive Sewer
(At 7:45 P.M. Mr. Steinerd arrived and was marked present)
Monique LeCoz, 23 Woodbury Drive – opposed to Jackson Drive Sewer Project
Hong Che, 8 Woodbury Drive – in favor of Jackson Drive Sewer Project
Robert Blankshen, 14 Hawley Road – in favor of Jackson Drive Sewer Project
Mary Reynolds, 15 Library Place – opposed to putting a pavilion in Tarrywile Park
MINUTES – Minutes of the Special Common Council Meeting held December 1,
2003 and the Common Council Meeting held December 2, 2003. Mr. Nolan made a
motion to accept the minutes as presented and waive the reading as all members have
copies, which are on file in the clerk’s office for public inspection.
CONSENT CALENDAR – Mrs. Basso presented the following items for the
Consent Calendar:
6 – Receive the communication and approve the transfer of funds from the Police
Department Regular Salaries line item 2000.5020 in the amount of $28,094.00 to the
Animal Control Budget with the following allocations: Salaries line item 60000.5020 -
$21,094.00 and Overtime salaries line item 6000.5030 - $7,000.00.
7 – Receive the communication and approve the transfer of $25,200.00 from line item
2.2129, Town Clerk Historic Documents to line item 1160.5334 Town Clerk Outside
Services.
12 – Receive the communication and take no action at this time.
13 – Receive the communication and take no action at this time.
16 – Receive the communication and adopt the committee recommendation.
Mr. Nolan made a motion to adopt the Consent Calendar as read. Seconded by
Mr. Saadi. Motion carried unanimously.
1 – ORDINANCE – An Ordinance Appropriating $6,000,000 For Sewer Service
Extensions and Authorizing the Issuance of $6,000,000 Bonds of the City to Meet Said
Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings
for Such Purpose
ORDINANCE – An Ordinance Appropriating $3,000,000 for Water Service
Extensions And Authorizing the Issuance of $3,000,000 Bonds of the City to Meet Said
Appropriation and Pending the Issuance Thereof the Making of Temporary Borrowings
for Such Purpose.
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Ms. Saracino asked that this be deferred to public hearing. Mayor Boughton so
ordered.
2 – ORDINANCE – Proposed Ordinance for Change of Capital Projects
Mr. Bingaman asked that this be deferred to public hearing. Mayor Boughton so
ordered.
3 – RESOLUTION – Praxair Foundation
RESOLVED by the Common Council of the City of Danbury:
WHEREAS, the Praxair Foundation has made grant funds available to public
libraries to upgrade technology, acquire new materials or initiate innovative programs;
and
WHEREAS, the Danbury Public Library has made application to the Praxair
Foundation for $17,361.00, which requires no in-kind match; and
WHEREAS, the Greater Danbury Area Chamber of Commerce’s recent business
survey found over two-thirds of respondents have foreign language speaking employees
and employers find “with increasing information-intensive processes, literacy is a major
issue for the majority of area employers” and
WHEREAS, the circulation of materials in the Danbury Public Library on learning
English has increased by 43% over the last year, and city organizations offering English
classes all have significant waiting lists and the 2000 census figures indicate that in
Danbury the Asian population has increased 96%, the Hispanic population by 134%
and;
WHEREAS, staffing is needed to open the Praxair Lab in order for individuals to
practice their English language using interactive software; and
WHEREAS, the Danbury Public Library wishes to retain part-time bi-lingual ESL
coordinators to offer instruction to employees of Danbury businesses on using our
English language learning software and be available to assist all individuals who are
using the Praxair lab to improve their English.
NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
OF DANBURY that all prior acts of authorized personnel of the Danbury Public Library
and the Mayor of the City of Danbury in making application for said grant are hereby
ratified and that the Mayor of the City of Danbury is hereby authorized to accept grant
funds in the amount of $17,361.00 upon approval of the City’s application and to do any
and all things necessary to effectuate the purpose thereof, provided, however, that any
amendments to said application requiring expenditure of City of Danbury funds must
receive prior approval by the Common Council.
Mr. Urice made a motion to receive the communication and adopt the Resolution.
Seconded by Mrs. Basso. Motion carried unanimously.
4 – COMMUNICATION – Election to Fire and Police Pension Boards
Letter from Council President Nolan requesting confirmation of the selections of
Charles Trombetta to serve as the Common Council representative on the Pre-1967 and
the Post 1967 Police Pension Boards for a term to expire December 1, 2005 and Mary
Saracino to serve as the Common Council representative on the Fire Pension Board for a
term to expire December 1, 2005.
Mrs. Basso made a motion to receive the communication and approve the
appointments. Seconded by Mr. Urice. Mr. Nolan offered an amendment that Mr.
Trombetta also be appointed as the Common Council representative to the Post 1983
Police Pension Board. Seconded by Mr. Saadi. Motion to amend carried unanimously.
Main motion, as amended, carried unanimously.
5 – COMMUNICATION – Donations to the Fire Department
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Letter from Fire Chief Peter Siecienski requesting permission to accept donations
of 5 Lockout kits from WesConn Towing and 59 cases of bottled water for the
rehabilitation vehicle from Poland Spring, Inc.
Mr. Nagarsheth made a motion to receive the communication, accept the
donations and send letters of thanks. Seconded by Mrs. Basso. Motion carried
unanimously.
6 – COMMUNICATION – Animal Control Budget
Request from Chief of Police Robert Paquette for permission to transfer $28,094
from the Police Department Regular Salaries line item to the Animal Control Budget for
purposes of funding the Assistant Animal Control Officer’s salary for 26 weeks of FY 03-
04 and to fund needed Overtime Salaries demands. A certification of funds was
attached.
The communication was received on the Consent Calendar and the transfer of
funds authorized.
7 – COMMUNICATION – Funds for Town Clerk’s Office
Request from the Town Clerk and the Manager of Information Technology asking
that funds be transferred from the Town Clerk’s “Dollars for Documents” account for the
purpose of purchasing and installing the Fee System module. The total estimated
amount is $25,200.00. A certification of funds was attached.
The communication was received on the Consent Calendar and the transfer of
funds authorized.
8 – COMMUNICATION – Request for Light on Main Street
Mr. Steinerd asked that this be referred to the Police Chief for a report back
within thirty days. Mayor Boughton so ordered.
9 – COMMUNICATION – Request for Water Extension on Oak Ridge Avenue
Mr. Urice 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 Saracino, Burns and Visconti to the committee.
10 – COMMUNICATION – Request to Install Driveway on Long Ridge Road
Mr. Seabury asked that this be referred to an ad hoc committee, the Director of
Planning, the Planning Commission and the Director of Public Works. Mayor Boughton so
ordered and appointed Council Members Basso, Barry and Visconti to the committee.
11 – COMMUNICATION – Request for Stop Sign on Stadley Rough Road
Mr. Cavo asked that this be referred to the Chief of Police for a report back
within thirty days. Mayor Boughton so ordered.
12 – COMMUNICATION – Report regarding Grant Agencies
Report from the Director of Finance outlining the process that agencies applying
for grants must follow. The report was received on the Consent Calendar and no action
taken.
13 – COMMUNICATION – Report regarding Waiver of Sewer Fees – Rockwell
Road
Report from Director of Public Works William Buckley stating that in this case he
would not contest a decision to waive the application and connection fees. The report
was received on the Consent Calendar and no action taken.
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14 – REPORT & ORDINANCE – Manufacturing Facility Personal Property Tax
Mr. Nolan submitted the following report:
The Common Council Committee appointed to review the Manufacturing Facility
Personal Property Tax Ordinance met on December 22, 2003 at 7:00 P.M. in the Third
Floor Caucus Room in City Hall. In attendance were committee members Nolan,
Nagarsheth and Saadi. Also in attendance were Deputy Corporation Counsel Eric
Gottschalk and Director of Finance Dena Diorio.
Mr. Nolan stated that Attorney Gottschalk initially drafted this ordinance in
October. It provides the flexibility to defer personal property tax on manufacturing
equipment. This change would be open to any manufacturer. He asked Attorney
Gottschalk to explain the impact this will have.
Attorney Gottschalk stated that State Statutes sets up two different schemes, on
for real property and one for personal property. This ordinance is based on state statute
and our code of ordinances on real property. Section 18-25 contains real property tax
deferrals. State Statute 12-65h enables us to do this. They called it two different
things, but they are similar. Both cases fix the assessment and defer it to some later
date. Three possibilities for the agreement are (1) for a period of not more than seven
years, provided that increase in the assessed value of such personal property in such
facility is not less than three million dollars, (2) for a period of not more than two years,
provided the increase in the assessed value of such personal property in such facility is
not less than five hundred thousand dollars, or (3) to the extent of not more than fifty
per cent of such increased assessment for a period of not more than three years,
provided the increase in the assessed value of such personal property in such facility is
not less than twenty-five thousand dollars.
The process is if there is an application, it goes to the Tax Assessor who
prepares an agreement for the Common Council. The Common Council approves or
denies the agreement. Mr. Saadi said he is concerned that the Common Council would
have the applicant arguing his case if the Tax Assessor gives a negative
recommendation.
Ms. Diorio asked the committee to keep in mind that this is not tied to any
economic development program. It should be tied to real estate or some other tie-in so
the City does not lose revenue going forward. Mr. Saadi asked if state statute provides
for limiting or curtailing those who could apply? Attorney Gottschalk said it does not.
Mr. Saadi said the requirements could be in the ordinance or it could be done it each
agreement. Attorney Gottschalk said he would prefer that it be done in the ordinance.
Mr. Nolan said that he is concerned that if it is not tied to some other economic
initiative, we could not point out the benefit to the City. If we don’t have a tie-in, we
will never recover any personal property tax on those items. It opens us to other
manufacturers coming in and changing their equipment and looking for deferrals. The
ordinance should be clear. Mr. Saadi asked if there would be a problem figuring out
how much personal property is eligible? Ms. Diorio said that it would be a matter of
process. We would need to determine what property is eligible under this ordinance.
We would need to determine what is new and what is ongoing replacement.
Mr. Saadi made a motion to recommend deferring the ordinance to public
hearing with additional language tying eligibility requirements to those in section 18-25.
Seconded by Mr. Nagarsheth. Motion carried unanimously.
Ms. Saracino made a motion to receive the report and defer the Ordinance to
public hearing. Seconded by Mr. Bingaman. Motion carried unanimously.
15 – REPORT – 21ST Century Danbury Bond Package
Mr. Nolan submitted the following report:
The Common Council met as a committee of the whole immediately following a
public hearing on December 15, 2003 in the Common Council Chambers in City Hall.
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Mrs. Saracino made a motion to recommend approval of the ordinance making
appropriations aggregating $55,515,000 for various public improvements. Seconded by
Mrs. Basso.
Mr. Saadi questioned the letters relevant to deed restrictions concerning
Tarrywile Park. Attorney Gottschalk explained that Attorney Robin Edwards issued a
preliminary opinion, but after a title search was completed she concluded that the
restrictions related to other property owned by the grantor. Mr. Saadi noted that the
November 3rd letter gave more discretion to non-passive use. The park is a passive
area. We are on a slippery slope if we add events similar to those held at Hatters Park.
Mr. Visconti stated that he has had many calls from constituents concerned
about lighting and noise. Mr. Barry stated that amplification would become an issue.
Mr. Daly said the Authority is very sensitive to this issue. Ms. Saracino asked if the City’s
noise ordinance would apply to Tarrywile. Attorney Gottschalk said it would apply and it
does restrict amplification. He said that the noise ordinance is technical and there is
reluctance on the part of the police to learn this new scientific skill.
Mr. Saadi offered an amendment to remove $200,000 for the pavilion at
Tarrywile Park from the bond package. Seconded by Mr. Visconti. Motion failed with
the members voting as follows:
Yes – Saadi, Barry, Visconti, Urice
No – McMahon, Trombetta, Calendrino, Steinerd, Esposito, Nolan, Basso,
Saracino, Cavo, Bingaman, Teicholz, Payton, Riley, Seabury, Stanley
4 Yes – 15 No
Main motion carried unanimously.
Ms. Saracino made a motion to recommend approval of the ordinance
appropriating $5,000,000 for the planning, acquisition and construction of sewer lines
and pump station upgrades. Seconded by Mr. Bingaman. Motion carried unanimously.
Ms. Saracino made a motion to recommend approval of the ordinance making
appropriations aggregating $5,680,000 for water system improvements. Seconded by
Mrs. Basso. Motion carried unanimously.
AN ORDINANCE MAKING APPROPRIATIONS AGGREGATING $55,515,000 FOR
VARIOUS PUBLIC IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF $55,515,000
BONDS OF THE CITY TO MEET SAID APPROPRIATIONS AND PENDING THE ISSUANCE
THEREOF THE MAKING OF TEMPORARY BORROWING FOR SUCH PURPOSE
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DANBURY:
Section 1. (a) The sums set opposite in the public improvements hereinafter listed are
hereby appropriated to meet the costs thereof, respectively, including costs of surveys,
borings, easement acquisitions, engineering, construction, equipment, legal,
administrative and other related costs, each of said appropriations to be inclusive of any
and all Federal and State grants-in-aid thereof:
PROJECT AMOUNT
Public Works:
Equipment Replacement $ 1,000,000
Parks and Recreation:
Equipment Replacement – Parks 200,000
Equipment Replacement – Tarrywile Park 75,000
___________
Sub-Total Ten Year Projects $ 1,275,000
Section l. (b) The sums set opposite the public improvements hereinafter listed are
hereby appropriated to meet the costs thereof, respectively, including costs of surveys,
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borings, easements, acquisitions, engineering, construction equipment, legal,
administrative and other related costs, each of said appropriations to be inclusive of any
and all Federal and State grants-in-aid thereof:
PROJECT AMOUNT
Schools:
Roberts Avenue Elementary $ 18,200,000
Additions/Renovations
Broadview Middle School 6,900,000
Additions/Renovations
Rogers Park Middle School 6,900,000
Selective Renovations and Upgrades
Various Buildings 1,500,000
School Technology Upgrades 1,000,000
Public Works:
Bridge Improvements $ 1,540,000
Traffic Safety Improvements 550,000
Repair/Rebuild Highways & Drainage 2,000,000
Public Buildings:
Immanuel Lutheran School 2,500,000
Parks and Recreation:
School Field and Playground Improvements 1,000,000
Rogers Park Restrooms 100,000
Picnic Pavilion – Tarrywile Park 200,000
Fire Department:
West Side Fire Station 900,000
Equipment Replacement 850,000
Police Department:
Police Station 2,700,000
Sub-Total Twenty Year Projects $ 46,840,000
TOTAL ALL PROJECTS $ 48,115,000
___________
___________
Section 1. (c) Appropriation for contingency,
Interest, legal and administrative costs
$ 7,400,000
____________
AGGREGATE APPROPRIATIONS $ 55,515,000
_____________
_____________
Section 2. (a) To meet the appropriations for the various public improvements included
in subsection (a) of Section 1, and any portion of the appropriation for contingency,
interest, legal and administrative costs allocated to such projects, bonds of the City shall
be issued maturing not later than the tenth year after their date.
Section 2. (b) To meet the appropriations for the various public improvements included
in subsection (b) of Section 1, and any portion of the appropriation for contingency,
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interest, legal and administrative costs allocated to such projects, bonds of the City shall
be issued maturing not later than the twentieth year after their date.
Section 3. (a) The appropriations in subsection (a) of Section 1 may be expended with
the approval of the Mayor and the Director of Finance for any of the projects or
purposes set forth therein and the Mayor and the Director of Finance may approve
transfers among the appropriations in said subsection upon a finding that any such
appropriation or portion thereof is not needed for its respective purpose.
Section 3. (b) The appropriations in subsection (b) of Section 1 may be expended with
the approval of the Mayor and the Director of Finance for any of the projects or
purposes set forth therein and the Mayor and the Director of Finance may approve
transfers among the appropriations in said subsection upon a finding that any such
appropriation or portion thereof is not needed for its respective purpose.
Section 3. (c) The appropriation in subsection (c) of Section 1 may be expended, with
the approval of the Mayor and the Director of Finance in the discretion of the Mayor and
the Director of Finance for the portion of such expenses allocated to any of the projects
or purposes set forth in subsections (a) and (b) of Section 1.
Section 4. The bonds authorized in subsection (a) and (b) of Section 2 may be issued in
one or more series as determined by the Mayor and the Director of Finance and the
amount of bonds of each series to be issued shall be fixed by the Mayor and the Director
of Finance in the amount necessary to meet the City’s share of the cost of the project
determined after considering the estimated amount of the State grants-in-aid of the
project, or the actual amount thereof if this be ascertainable, and the anticipated times
of the receipt of the proceeds thereof, provided that the total amount of bonds to be
issued shall not be less than an amount which will provide funds sufficient with other
funds available for such purpose to pay the principal of and the interest on all temporary
borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at
the time of the issuance thereof, and to pay for the administrative, printing and legal
costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a
whole multiple thereof, be issued in bearer form or in full registered form, be executed
in the name and on behalf of the City by the facsimile or manual signatures of the Mayor
and the City Treasurer, bear the City seal or a facsimile thereof, be certified by a bank
or trust company, which bank or trust company may be designated the registrar and
transfer agent, be payable at a bank or trust company, and be approved as to their
legality by Robinson & Cole LLP, Attorneys at Law, of Hartford. The bonds shall be
general obligations of the City and each of the bonds shall recite that every requirement
of law relating to its issue has been duly complied with, that such bond is within every
debt and other limit prescribed by law, and that the full faith and credit of the City are
pledged to the payment of the principal thereof and interest thereon. The aggregate
principal amount of the bonds of each series to be issued, the annual installments of
principal, redemption provisions, if any, the certifying registrar and transfer agent and
the paying agent, the date, time of issue and sale and other terms, details and
particulars of such bonds including the rate or rates of interest shall be determined by
the Mayor and the Director of Finance in the best interest of the City.
Section 5. The bonds of each series shall be sold by the Mayor in a competitive offering
or by negotiation, in his discretion. The bonds shall be sold at not less than par and
accrued interest on the basis of the lowest net or true interest to the City. A notice of
sale or a summary thereof describing the bonds and setting forth the terms and
conditions of the sale shall be published at least five days in advance of the sale in a
recognized publication carrying municipal bond notices and devoted primarily to financial
news and the subject of state and municipal bonds. If the bonds are sold by
negotiation, provisions of the purchase agreement shall be approved by the Mayor, the
City Treasurer and the Director of Finance.
Section 6. The City Treasurer is authorized to make temporary borrowings in
anticipation of the receipt of the proceeds of said bonds. Notes evidencing such
borrowings shall be signed by the Mayor and the City Treasurer, have the seal of the
City affixed, be payable at a bank or trust company designated by the City Treasurer, be
approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and
be certified by a bank or trust company designated by the City Treasurer pursuant to
Section 7-373 of the General Statutes of Connecticut, as amended. They shall be issued
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with maturity dates which comply with the provisions of the General Statutes governing
the issuance of such notes, as the same may be amended from time to time. The notes
shall be general obligations of the City and each of the notes shall recite that every
requirement of law relating to its issue has been duly complied with, that such note is
within every debt and other limit prescribed by law, and that the full faith and credit of
the City are pledged to the payment of the principal thereof and the interest thereon.
The net interest cost on such notes, including renewals thereof, and the expense of
preparing, issuing and marketing them, to the extent paid from the proceeds of such
renewals or said bonds, may be included as a cost of the improvements in Section 1.
Upon the sale of the bonds, the proceeds thereof, to the extent required, shall be
applied forthwith to the payment of the principal of and the interest on any such notes
then outstanding or shall be deposited with a bank or trust company in trust for such
purpose.
Section 7. The City 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 ordinance in the
maximum amount and for the capital projects defined in Section 1 herein 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 date 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 Mayor or his designee is authorized to pay the project
expenses in accordance herewith pending the issuance of reimbursement bonds, and to
amend this declaration.
Section 8. The Director of Finance is hereby authorized, on behalf of the City of
Danbury to enter into agreements or otherwise covenant for the benefit of bondholders
to provide information on an annual or other periodic basis to nationally recognized
municipal securities information repositories or state based information repositories (the
“Repositories”) and to provide notices to the Repositories of material events as
enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as
amended, as may be necessary, appropriate or desirable to effect the sale of the bonds
and notes authorized by this ordinance. Any agreements or representations to provide
information to Repositories made prior hereto are hereby confirmed, ratified and
approved.
Section 9. This ordinance shall become effective upon its approval at a Special
City Meeting called by the Mayor for such purpose, pursuant to the revised City Charter.
AN ORDINANCE APPROPRIATING $5,000,000 FOR THE PLANNING, ACQUISITION
AND CONSTRUCTION OF SEWER LINES AND PUMP STATION UPGRADES AND
REPLACEMENT AND AUTHORIZING THE ISSUANCE OF $5,000,000 BONDS
OR NOTES OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE
ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH
PURPOSE
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DANBURY:
Section 1. The sum of $5,000,000 is appropriated for the planning, acquisition and construction of
sewer lines and pump station upgrades and replacement, including but not limited to replacement
of sewer lines including portions of the West Side Sewer Interceptor, and for the upgrade and,
where practical, elimination of sewage pump stations, and for engineering, administrative,
printing, legal and financing costs related thereto, said appropriation to be inclusive of any and all
State and Federal grants-in-aid thereof and of third party payments.
Section 2. To meet said appropriation:
(i) bonds of the City may be issued, maturing not later than the twentieth year after their date.
Said bonds may be issued in one or more series as determined by the Mayor and the Director of
Finance in the amount necessary to meet the City's share of the cost of the Project determined
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after considering the estimated amount of the State and Federal grants-in-aid of the Project and
amounts paid to the City by third parties to complete the Project, or the actual amount thereof if
this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided
that the total amount of bonds to be issued shall not be less than an amount which will provide
funds sufficient with other funds available for such purpose to pay the principal of and the interest
on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds
outstanding at the time of the issuance thereof, and to pay for the administrative, printing and
legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole
multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and
on behalf of the City by the facsimile or manual signatures of the Mayor and the City Treasurer,
bear the City seal or a facsimile thereof, be certified by a bank or trust company, which bank or
trust company may be designated the registrar and transfer agent, be payable at a bank or trust
company, and be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of
Hartford. The bonds shall be general obligations of the City and each of the bonds shall recite that
every requirement of law relating to its issue has been duly complied with, that such bond is
within every debt and other limit prescribed by law, and that the full faith and credit of the City
are pledged to the payment of the principal thereof and interest thereon. The aggregate principal
amount of the bonds of each series to be issued, the annual installments of principal, redemption
provisions, if any, the certifying, registrar and transfer agent, and the paying agent, the date, time
of issue and sale and other terms, details and particulars of such bonds, including the approval of
the rate or rates of interest, shall be determined by the Mayor and the Director of Finance in the
best interest of the City; or
(ii) temporary notes of the City may be issued pursuant to Section 7- 264a of the General Statutes
of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined
by the Mayor and Director of Finance, and they are hereby authorized to determine the date,
maturity, interest rate, form and other details and particulars of such notes, and to sell, execute
and deliver the same. Said notes shall be secured by the full faith and credit of the City and may
be further secured in any other manner set forth in Section 7-264a, aforesaid, as determined by
the Mayor and the Director of Finance; or
(iii) sewer assessment notes of the City may be issued pursuant to Section 7-269a of the General
Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be
determined by the Mayor and Director of Finance, and they are hereby authorized to determine
the date, maturity, interest rate, form and other details and particulars of such notes, and to sell,
execute and deliver the same. If the receipts and other revenues pledged to the repayment of such
notes shall be insufficient to pay the principal of and interest on such notes at the time prescribed
by Section 7-269a, aforesaid, or if the Mayor and Director of Finance shall deem it advisable to
pay such notes prior to the end of any period, the Mayor and the Director of Finance are hereby
authorized to issue and sell bonds of the City under the authority of subparagraph (i) of this
Section, in an amount sufficient to pay any such notes; or
.(iv) any combination of bonds, temporary notes, or sewer assessment notes may be issued,
provided that the total, aggregate principal amount thereof outstanding at any time shall not
exceed $5,000,000.
Section 3. Said bonds shall be sold by the Mayor in a competitive offering or by negotiation, in
his discretion. If sold in a competitive offering, the bonds shall be sold at not less than par and
accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a
summary thereof describing the bonds and setting forth the terms and conditions of the sale shall
be published at least five days in advance of the sale in a recognized publication carrying
municipal bond notices and devoted primarily to financial news and the subject of state and
municipal bonds. If the bonds are sold by negotiation, provisions of the purchase agreement shall
be subject to the approval of the Mayor, City Treasurer and Director of Finance.
Section 4. The City Treasurer is authorized to make temporary borrowings in anticipation of the
receipt of the proceeds of any series of said bonds or notes. Notes evidencing such borrowings
shall be signed by the Mayor and the City Treasurer, have the seal of the City affixed, be payable
at a bank or trust company designated by the City Treasurer, be approved as to their legality by
Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust
company designated by the City Treasurer pursuant to Section 7-373 of the General Statutes of
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Connecticut, as amended. They shall be issued with maturity dates, which comply with the
provisions of the General Statutes governing the issuance of such notes, as the same may be
amended from time to time. The notes shall be general obligations of the City and each of the
notes shall recite that every requirement of law relating to its issue has been duly complied with,
that such note is within every debt and other limit prescribed by law, and that the full faith and
credit of the City are pledged to the payment of the principal thereof and the interest thereon. The
net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing
and marketing them, to the extent paid from the proceeds of such renewals or said bonds or notes,
shall be included as a cost of the Project. Upon the sale of said bonds or notes the proceeds
thereof, to the extent required, shall be applied forthwith to the payment of the principal of and
the interest on any such notes then outstanding or shall be deposited with a bank or trust company
in trust for such purpose.
Section 5. The Mayor is authorized in the name and on behalf of the City to apply for and accept
any and all Federal and State loans and/or grants-in-aid of the Project and is further authorized to
expend said funds in accordance with the terms hereof and in connection therewith to contract in
the name of the City with engineers, contractors and others. To meet any portion of the costs of
the Project determined the State of Connecticut Department of Environmental Protection to be
eligible for funding Section 22a-475 of the Connecticut General Statutes, as the same may be
amended from time to time (the "Clean Water Fund Program"), the City may issue interim
fw1ding obligations in anticipation of project loan obligations and project loan obligations in
such denominations as the Mayor and Director of Finance shall determine. The Mayor and the
Director of Finance are hereby authorized to determine e amount, date, maturity, interest rate,
form and other details and particulars of such interim fw1ding obligations and project loan
obligations, subject to the provisions of the Clean Water Fund Program, and the Mayor and City
Treasurer are authorized to execute and deliver the same. Said obligations shall be general
obligations of the City and each of the notes shall recite that every requirement of law relating to
its issue has been duly complied with, that such obligation is within every' debt and other limit
prescribed by law, and that the full faith and credit of the City are pledged to the payment of the
principal thereof and the interest thereon. The Mayor is hereby authorized to execute and deliver
to the State in the name of and on behalf of the City Project Loan and Project Grant Agreements
under the Clean Water Fund Program.
Section 6. The City 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 ordinance in the maximum amount and for
the capital project defined in Section 1 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 date 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 Mayor or his designee is authorized to pay project expenses in
accordance herewith pending the issuance of reimbursement bonds, and to amend this
declaration.
Section 7. The Director of Finance is hereby authorized, on behalf, of the City, to enter into
agreements or otherwise covenant for the benefit of bondholders to provide information on an
annual or other periodic basis to nationally recognized municipal securities information
repositories or state based information repositories (the "Repositories") and to provide notices to
the Repositories of material events as enumerated in Securities and Exchange Commission
Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect
the sale of the bonds and notes authorized by this ordinance. Any agreements or
representations to provide information to repositories hereto are hereby confirm, ratified
and approved.
Section 8. This ordinance shall become effective upon its approval at a Special City
Meeting called by the Mayor for such purpose, pursuant to the revised City Charter.
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Page 10 of 18
AN ORDINANCE MAKING APPROPRIATIONS AGGREGATING $5,680,000 FOR WATER
SYSTEM IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF $5,680,000
BONDS OF THE CITY TO MEET SAID APPROPRIATIONS AND PENDING THE
ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH
PURPOSE
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DANBURY:
Section 1. The sums set opposite the water system improvements hereinafter listed are hereby
appropriated to meet the estimated costs thereof, respectively, including costs of surveys, borings,
easement acquisitions, engineering, construction, equipment, legal, administrative and other
related costs:
Project Amount
Upgrade and Replace Revenue Meters $ 1,500,000
Design and Construct West Side High
High Service Storage Tank 2,500,000
General Water Main Replacement Program 1,000,000
Contingency, interest, legal and
Administrative costs: 680,000
AGGREGATE APPROPRIATION $ 5,680,000
Section 2. To meet said appropriations $5,680,000 bonds of the City shall be issued maturing not
later than the twentieth year after their date. Said bonds may be issued in one or more series as
determined by the Mayor and the Director of Finance and the amount of bonds of each series to
be issued shall be fixed by the Mayor and the Director of Finance in the amount necessary to
meet the City's share of the cost of the project determined after considering the estimated amount
of the State grants-in-aid of the project, or the actual amount thereof if this be ascertainable, and
the anticipated times of the receipt of the proceeds thereof, provided that the total amount of
bonds to be issued shall not be less than an amount which will provide funds sufficient with other
funds available for such purpose to pay the principal of and the interest on all temporary
borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of
the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the
bonds. The bonds shall be in the denomination of $1000 or a whole multiple thereof, be issued in
bearer form or in fully registered form, be executed in the name and on behalf of the City by the
facsimile or manual signatures of the Mayor, and the City Treasurer, bear the City seal or a
facsimile thereof, be certified by a bank or trust company, which bank or trust company may be
designated the registrar and transfer agent, be payable at a bank or trust company, and be
approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford. The bonds
shall be general obligations of the City and each of the bonds shall recite that every requirement
of law relating to its issue has been duly complied with, that such bond is within every debt and
other limit prescribed by law, and that the full faith and credit of the City are pledged to the
payment of the principal thereof and interest thereon. The aggregate principal amount of the
bonds of each series to be issued, the annual installments of principal, redemption provisions, if
any, the certifying, registrar and transfer agent and the paying agent, the date, time of issue and
sale and other terms, details and particulars of such bonds including the rate or rates of interest
shall be determine by the Mayor and the Director of Finance in the best interest of the City.
Section 3. The bonds of each series shall be sold by the Mayor in a competitive offering or by
negotiation, in his discretion. The bonds shall be sold at not less than par and accrued interest on
the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof
describing the bonds and setting forth the termsand conditions of the sale shall be published at
least five days in advance of the sale in a recognized publication carrying municipal bond notices
and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds
are sold by negotiation, provisions of the purchase agreement shall be approved by the Mayor, the
City Treasurer and the Director of Finance.
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Section 4. The City Treasurer is authorized to make temporary borrowings in anticipation of the
receipt of the proceeds of said bonds. Notes evidencing such borrowings shall be signed by the
Mayor and the City Treasurer, have the seal of the City affixed, be payable at a bank or trust
company designated 'by the City Treasurer, be approved as to their legality by "Robinson & Cole
LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company designated by
the City Treasurer pursuant to Section 7-373 of the General Statutes of Connecticut, as amended.
They shall be issued with maturity dates, which comply with the provisions of the General
Statutes governing the issuance of such notes, as the same may be amended from time to time.
The notes shall be general obligations of the City and each of the notes shall recite that every
requirement of law relating to its issue has been duly complied with, that such note is within
every debt and other limit prescribed by law, and that the full faith and credit of the City are
pledged to the payment of the principal thereof and the interest thereon. The net interest cost on
such notes, including renewals thereof, and the expense of preparing, issuing and marketing them,
to the extent paid from the proceeds of such renewals or said bonds, may be included as a cost of
the improvements in Section 1. Upon the sale of the bonds, the proceeds thereof, to the extent
required, shall be applied forthwith to the payment of the principal of and the interest on any such
notes then outstanding or shall be deposited with a bank or trust company in trust for such
purpose.
Section 5. The appropriations in Section 1 may be expended with the approval of the Mayor and
the Director of Finance for any of the projects or purposes set forth therein and the Mayor and the
Director of Finance may approve transfers among the appropriations in said Section upon a
finding that any such appropriation or portion thereof is not needed for its respective purpose.
Section 6. The City 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 ordinance in the maximum amount and for
the capital projects defined in Section I herein 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 date 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 Mayor or his designee is authorized to pay project expenses in
accordance herewith pending the issuance of reimbursement bonds, and to amend this
declaration.
Section 7. The Director of Finance is hereby authorized, on behalf of the City of Danbury, to
enter into agreements or otherwise covenant for the benefit of bondholders to provide information
on an annual or other periodic basis to nationally recognized municipal securities information
repositories or state based information repositories (the "Repositories") and to provide notices to
the Repositories of material events as enumerated in Securities and Exchange Commission
Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect
the sale of the bonds and notes authorized by this ordinance. Any agreements or representations
to provide information to Repositories made prior hereto are hereby confirmed, ratified and
approved.
Section 8. This ordinance shall become effective upon its approval at a Special City Meeting
called by the Mayor for such purpose, pursuant to the revised City Charter.
RESOLUTION
RESOLVED by the Common Council of the City of Danbury: RESOLVED: That the
ordinance entitled "An Ordinance Making Appropriations Aggregating $55,515,000 For Various
Public Improvements And Authorizing The Issuance Of$55,515,000 Bonds Of The City To Meet
Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings
For Such Purpose" and the ordinance entitled "An Ordinance Appropriating $5,000,000 For The
Planning, Acquisition And Construction Of Sewer Lines And Pump Station Upgrades And
Replacement And Authorizing The Issuance Of $5,000,000 Bonds Or Notes Of The City To Meet
Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings
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Page 12 of 18
For Such Purpose" and the ordinance entitled "An Ordinance Making Appropriations
Aggregating $5,680,000 For Water System Improvements And Authorizing The Issuance Of
$5,680,000 Bonds Of The City To Meet Said Appropriations And Pending The Issuance Thereof
The Making Of Temporary Borrowings For Such Purpose", be submitted for approval or
disapproval at a Special City Meeting to be called by the Mayor pursuant to Section 7-1 O( a) of
the Revised City Charter and held March 2,2004, between the hours of6:00 o'clock A.M. and 8:00
o'clock P.M. (E.S.T.), that the Warning of said meeting state the questions to be voted on as
follows:
Shall the ordinance entitled "An Ordinance Making Appropriations Aggregating $55,515,000 For
Various Public Improvements And Authorizing The Issuance Of $55,515,000 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 at its meeting held January
6,2004, be approved?
Shall the ordinance entitled "An Ordinance Appropriating $5,000,000 For The Planning,
Acquisition And Construction Of Sewer Lines And Pump Station Upgrades And Replacement
And Authorizing The Issuance Of $5,000,000 Bonds Or Notes Of The City To Meet Said
Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For
Such Purpose", adopted by the Common Council at its meeting held January 6,2004, be
approved?
Shall the ordinance entitled "An Ordinance Making Appropriations Aggregating $5,680,000 For
Water System Improvements And Authorizing The Issuance Of $5,680,000 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 at its meeting held January 6,
2004, be approved?
RESOLUTION
RESOLVED by the Common Council of the City of Danbury: RESOLVED: That the
Mayor be authorized and directed to call a Special City Meeting to be held on March
2,2004, between the hours of 6:00 o'clock A.M. and 8:00 o'clock P.M. (E.S.T.) at the
several voting districts of the City to consider and take action upon the aforesaid
proposed ordinances, and that the notice of said Special City Meeting be in substantially
the following form:
LEGAL NOTICE WARNING
NOTICE OF SPECIAL CITY MEETING
The electors of the City of Danbury and qualified voters entitled to vote in a City Meeting
are hereby warned and notified to meet where such persons are entitled to vote on the
March 2, 2004, between the hours of 6:00 o'clock A.M. and 8:00 o'clock P.M. (E.S.T.)
for the following purpose of approving or disapproving the following questions:
1. "Shall the ordinance entitled' An Ordinance Making Appropriations Aggregating
$55,515,000 For Various Public Improvements And Authorizing The Issuance Of
$55,515,000 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 at its meeting held January 6, 2004, be approved?"
The form of the question and the ballot label on the voting machine shall be as follows:
"Shall the Ordinance Making Appropriations Aggregating $55,515,000 For Various
Public Improvements And Authorizing The Issuance Of $55,515,000 Bonds Of The City
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Page 13 of 18
To Meet Said Appropriations And Pending The Issuance Thereof The Making Of
Temporary Borrowings For Such Purpose Be Approved? YES/NO"
2. "Shall the ordinance entitled' An Ordinance Appropriating $5,000,000 For The
Planning, Acquisition And Construction Of Sewer Lines And Pump Station Upgrades
And Replacement And Authorizing The Issuance Of $5,000,000 Bonds Or Notes Of The
City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of
Temporary Borrowings For Such Purpose', adopted by the Common Council at its
meeting held January 6, 2004, be approved?"
The form of the question and the ballot label on the voting machine shall be as follows:
"Shall the Ordinance Making Appropriations Aggregating $5,000,000 For The Planning,
Acquisition And Construction Of Sewer Lines And Pump Station Upgrades And
Replacement And Authorizing The Issuance Of $5,000,000 Bonds Or Notes Of The City
To Meet Said Appropriation And Pending The Issuance Thereof The Making Of
Temporary Borrowings For Such Purpose Be Approved? YES/NO"
3. "Shall the ordinance entitled 'An Ordinance Making Appropriations Aggregating
$5,680,000 For Water System Improvements And Authorizing The Issuance Of
$5,680,000 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 at its meeting held January 6,2004, be approved?"
The form of the question and the ballot label on the voting machine shall be as follows:
"Shall the Ordinance Making Appropriations Aggregating $5,680,000 For Water System
Improvements And Authorizing The Issuance Of $5,680,000 Bonds Of The City To Meet Said
Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For
Such Purpose Be Approved? YES/NO"
The vote will be by voting machine. Those desiring to vote in favor of the adoption of the
ordinances shall place the pointer over the question on the voting machine at "YES". Those
desiring to vote against the adoption of the ordinances shall place the pointer over the question on
the voting machine at "NO".
Electors of the City of Danbury and qualified voters are entitled to vote. A qualified voter is any
citizen of the United States of the age of eighteen years or more who, jointly or severally, was
liable to the City for taxes assessed against him based on an assessment of not less than $1,000 on
the last completed grand list of the City or who would have been so liable if not entitled to an
exemption as a blind person or as a veteran of as a widow or parent of a veteran.
Electors will be entitled to vote at the polling place in their respective voting districts. Polling
places will be located in the following districts:
Ward No. 1: Danbury High School, 43 Clapboard Ridge Road
Ward No. 2: Pembroke School, 34 Pembroke Road
Ward No. 3: Broadview Middle School, 72 Hospital Avenue
Ward No. 4: Shelter Rock School, 2 Crows Nest Lane
Ward No. 5: Danbury War Memorial, Memorial Drive
Ward No. 6: Park Avenue School, 82 Park Avenue
Ward No. 7: Mill Ridge Intermediate School, 1 School Ridge Road
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Page 14 of 18
Qualified voters will be entitled to vote at the polling place in the Common Council Chambers on
the third floor of City Hall, 155 Deer Hill Avenue.
The polls in said districts and at the City Hall will be open during the hours between 6:00 o'clock
A.M. and 8:00 o'clock P.M. (E.S.T.).
Said vote is being held pursuant to Section 7-10(a) of the Revised Charter of the City of Danbury,
approved by the electors November 6, 1990.
The full text of the aforesaid ordinances is on file, open to public inspection, in the office of the
City Clerk.
Mr. Cavo made a motion to receive the report, adopt the Resolutions and refer
the ordinances to the March 2nd ballot. Seconded by Mr. Seabury.
Mr. Saadi offered an amendment to remove $200,000 for the pavilion at
Tarrywile Park from the bond package. Seconded by Mr. Urice. Motion failed with
Council Members Saadi, Barry, Visconti, Urice and Esposito voting in the affirmative.
16 – REPORT – Request for Sewer and Water Extension – 113-115 Clapboard
Ridge
Mr. Nolan submitted the following report:
The Common Council Committee appointed to review the request for sewer and
water extensions at 113-115 Clapboard Ridge Road met on December 15, 2003 at 6:35
P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee
members Nolan, McMahon and Barry. Also in attendance were Director of Public Works
William Buckley, Doug DiVesta of Consultants and Engineers, as well as ex-officio
members of the Common Council.
Mr. Nolan noted the positive recommendation from the Planning Commission.
He then asked Mr. Buckley for an overview of the project. Mr. Buckley explained that
the property is off Route 39. He explained the route by which both the sewer and water
lines will run. The Engineering Department has reviewed the plans in detail and he
recommends approval of the request subject to the required eight steps. He also stated
that the request is consistent with the service area plan. Since it is a state road, a state
permit will be required.
Mr. Barry made a motion to recommend approval of the request subject to the
required eight steps. Seconded by Mrs. McMahon. Motion carried unanimously.
The report was received on the Consent Calendar and its recommendations
approved.
17 – REPORT – Iraqi Town Sponsorship Program
Mr. Gogliettino submitted the following report:
The Common Council Committee appointed to review an Iraqi Town Sponsorship
Program met on November 25, 2003 at 7:00 P.M. in the Third Floor Caucus Room in City
Hall. In attendance were committee members Gogliettino and Basso.
Mr. Gogliettino read a letter from Lt. Colonel Michael J. Teaque for the record.
Mrs. Basso made a motion to receive the correspondence and take no action. Seconded
by Mr. Gogliettino. Motion carried unanimously.
Mr. Nolan made a motion to receive the report and refer it back to committee
and to the Mayor’s Office. Seconded by Mrs. Basso. Motion carried unanimously.
Mayor Boughton appointed Council Members Riley, Calandrino and Esposito the
committee.
18 – DEPARTMENT REPORTS – Public Works, Police Chief, Fire Chief, Fire
Marshall, Permit Center, Elderly Services, Parks & Recreation, Building Department,
15
Page 15 of 18
Health & Housing. Mr. Nolan made a motion to receive the department reports and
waive the reading as all members have copies, which are on file in the clerk’s office for
public inspection. Seconded by Ms. Saracino. Motion carried unanimously.
19 – COMMUNICATION – Donations to the Department of Elderly Services
Letter from Director of Elderly Services Susan Tomanio Turner asking permission
to accept donations in the amount of $66.00 to be transferred to the Professional
Services Account. Mrs. Teicholz made a motion to receive the communication, accept
the donations, credit the appropriate line item and send letters of thanks. Seconded by
Mrs. Basso. Motion carried unanimously.
20 – REPORT – Jackson Drive Area Preliminary Sewer Assessments
Mr. Saadi submitted the following report:
The Common Council Committee appointed to review the Jackson Drive Area
Preliminary Sewer Assessments met on June 10, 2003 and again on November 10, 2003.
In attendance at the June 10th meeting were committee members Saadi, Coladarci and
Basso. Also in attendance were Director of Public Works William Buckley, Deputy
Corporation Counsel Eric Gottschalk, Council Members Levy, Gogliettino and McAllister,
ex-officio, residents of the Jackson Drive area and members of the public. In
attendance at the November 10th meeting were committee members Saadi, Coladarci
and Basso. Also in attendance were Director of Public Works William Buckley, Director
of Health William Campbell and Deputy Corporation Counsel Eric Gottschalk.
At the June 10th meeting Mr. Buckley explained the sewer assessment process
and also how this system would flow. Mr. Buckley answered questions from the
committee about general concerns with this particular project. Mr. Levy asked Attorney
Gottschalk to interpret how the Code of Ordinances operates as to the process.
Attorney Gottschalk explained how the benefit (cost) is apportioned. The benefit is a
financial snapshot of the property value before the improvement and after. Using the
City’s cost is a recognized approach. Four factors are considered. The property owners
are allowed to pay over time. They can pay up front if they so choose.
The committee met again on November 10th. Mr. Saadi summarized the history
of this proposal. He then asked Mr. Campbell to address any health or environmental
problems in this area. Mr. Campbell stated that although there are no properties under
orders to remediate, the area has been a problem historically with failing and
problematic sewer systems. Mr. Campbell said a permanent solution is needed and he
recommends that the sewers be extended to the area for community health and safety.
Mr. Saadi addressed concerns raised in letters to the committee that people
would not be required to pay their fair share of the assessment now or in the future.
Mr. Buckley stated that all persons, no matter when assessed, are subject to the same
assessment formula set forth in City ordinance.
Mrs. Coladarci made a motion to make a positive recommendation to the
Common Council that the project as presented be approved. Mrs. Basso seconded the
motion. The motion carried unanimously.
Mrs. Basso made a motion to receive the report and authorize the approval of
the Jackson Drive Area Sewer Project. Seconded by Ms. Saracino. Motion carried with
Mr. Urice voting in the negative.
21 – ORDINANCE – Additional Exemption for Veterans and Spouses of Low and
Moderate Income
Mr. Riley asked that this be deferred to public hearing. Mayor Boughton so
ordered.
22 – COMMUNICATION – Sewer and Water Projects Timetable
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Page 16 of 18
Letter from Mayor Mark Boughton asking for permission to appoint an ad hoc
committee to review adding a five-year moratorium on all sewer and water applications
previously rejected by the Common Council. Mr. Calandrino asked that this be referred
to an ad hoc committee, the Corporation Counsel and the Director of Public Works.
Mayor Boughton so ordered and appointed Council Members Basso, Bingaman and Saadi
to the committee.
23 – COMMUNICATION – Department of Elderly Services Budget
Mr. Nolan made a motion that this be added as item 23. Seconded by Mrs.
Saracino. Motion carried unanimously.
Request from Susan Tomanio Turner that the Common Council approve a City
Match of $7,400 to meet the criteria for the Department of Elderly Services to obtain a
new van through a shared grant with the Housatonic Area Regional Transit District. A
certification of funds was attached.
Mr. Nolan made a motion to receive the communication and authorize the
transfer of funds. Seconded by Mr. Cavo. Motion carried unanimously.
24 – COMMUNICATION – Segar Street Bridge
Mr. Nolan made a motion to add this as item 24. Seconded by Mr. Cavo. Motion
carried unanimously.
Letter from O & G Industries requesting a committee be appointed to find a
resolution to the State’s pending posting of a maximum weight limit on the Segar Street
Bridge. Mr. Saadi asked that this be referred to an ad hoc committee, the Corporation
Counsel and the Director of Public Works. Mayor Boughton so ordered and appointed
Council Members Steinerd, Urice and Saadi to the committee.
Mayor Boughton extended all committees.
Mayor Boughton appointed the following members to the Education Budget
Committee: Saracino, Nolan, Riley, Stanley, Visconti.
There being no further business to come before the Common Council a motion
was made by Ms. Saracino at 9:10 P.M. for the meeting to be adjourned.
Respectfully submitted,
____________________________
JIMMETTA L. SAMAHA
Clerk
ATTEST: _____________________________
MARK D. BOUGHTON
Mayor
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Agenda
COMMON COUNCIL MEETING – JANUARY 6, 2004
Mayor Boughton will call the meeting to order at 7:30 P.M.
PLEDGE OF ALLEGIANCE & PRAYER
ROLL CALL
McMahon, Burns, Trombetta, Calendrino, Saadi, Barry, Visconti, Steinerd, Urice, Esposito
Nolan, Basso, Saracino, Cavo, Bingaman, Teicholz, Nagarsheth, Payton, Riley, Seabury,
Stanley
__________________PRESENT _______________ABSENT
PUBLIC SPEAKING
_______________________________________________________________________
MINUTES – Minutes of the Special Common Council Meeting held December 1, 2003
and the Common Council Meeting held December 2, 2003
_______________________________________________________________________
CONSENT CALENDAR
_______________________________________________________________________
1 – ORDINANCE – An Ordinance Appropriating $6,000,000 For Sewer Service Extensions
And Authorizing the Issuance of $6,000,000 Bonds of the City to Meet Said
Appropriation and Pending the Issuance Thereof the Making of Temporary
Borrowings for Such Purpose
ORDINANCE – An Ordinance Appropriating $3,000,000 for Water Service Extensions
And Authorizing the Issuance of $3,000,000 Bond of the City to Meet Said
Appropriation and Pending the Issuance Thereof the Making of Temporary
Borrowings for Such Purpose
_______________________________________________________________________
2 – ORDINANCE – Proposed Ordinance for Change of Capital Projects
_______________________________________________________________________
3 – RESOLUTION – Praxair Foundation
_______________________________________________________________________
4 – COMMUNICATION – Election to Fire and Police Pension Boards
_______________________________________________________________________
5 – COMMUNICATION – Donations to the Fire Department
_______________________________________________________________________
6 – COMMUNIATION – Animal Control Budget
_______________________________________________________________________
7 – COMMUNICATION – Funds for Town Clerk’s Office
_______________________________________________________________________
8 – COMMUNICATION – Request for Light on Main Street
_______________________________________________________________________
9 – COMMUNICATION – Request for Water Extension on Oak Ridge Avenue
_______________________________________________________________________
10 – COMMUNICATION – Request to Install Driveway on Long Ridge Road
_______________________________________________________________________
11 – COMMUNICATION – Request for Stop Sign on Stadley Rough Road
Page 1 of 2
12 – COMMUNICATION – Report regarding Grant Agencies
_______________________________________________________________________
13 – COMMUNICATION – Report regarding Waiver of Sewer Fees
_______________________________________________________________________
14 – REPORT & ORDINANCE – Manufacturing Facility Personal Property Tax
_______________________________________________________________________
15 – REPORT – 21ST Century Danbury Bond Package
_______________________________________________________________________
16 – REPORT – Request for Sewer and Water Extension – 113-115 Clapboard Ridge
_______________________________________________________________________
17 – REPORT – Iraqi Town Sponsorship Program
_______________________________________________________________________
18 – DEPARTMENT REPORTS – Public Works, Police Chief, Fire Chief, Fire Marshall,
Permit Center, Elderly Services, Parks & Recreation, Building Department, Health
& Housing
_______________________________________________________________________
19 – COMMUNICATION – Donations to the Department of Elderly Services
_______________________________________________________________________
20 – REPORT – Jackson Drive Area Preliminary Sewer Assessments
_______________________________________________________________________
21 – ORDINANCE – Additional Exemption for Veterans and Spouses of Low and
Moderate Income
_______________________________________________________________________
22 – COMMUNICATION – Sewer and Water Projects Timetable
_______________________________________________________________________
There being no further business to come before the Common Council a motion
was made at __________P.M. by____________for the meeting to be adjourned.
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