City Council

TO: Mayor Mark D. Boughton and Members of the Common Council RE: Minutes of the Common Council Meeting held June 7, 2005 Council President Vincent Nolan 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, Basso, Cavo, Diggs, Teicholz, Nagarsheth, Riley, Seabury, Stanley ABSENT – Burns, Saracino, Payton 18 PRESENT – 3 ABSENT Ms. Saracino was out of State on business PUBLIC SPEAKING Glenda Armstrong, 224 Franklin Street Ext. – Spoke regarding item 10. For many years the school children in Danbury were given a free pass to the City parks. They must now pay $5.00. The free playground that was built by volunteers for free has been moved to the Candlewood Town Park from Hatters Park. The children now have to pay $5.00 to play on a playground that was built for free. Re-think the $5.00 charge to children. MINUTES – Minutes of the Common Council Meeting held May 3, 2005. Mr. Cavo made a motion to adopt the minutes as presented and waive the reading as all members have copies. Seconded by Mrs. Basso. Motion carried unanimously. CONSENT CALENDAR – Mrs. Basso presented the following items for the Consent Calendar: 3 – Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton to execute the third supplemental City/State construction agreement with regard to the replacement of the Thorpe Street Extension Bridge. 4 – Receive the communication and adopt the Resolution authorizing the City of Danbury Women, Infants and Children’s Program to enter into an agreement with the State of Connecticut Department of Agriculture, to receive $695.00 in funding for the Farmer’s Market Program. 6 – Receive the communication and adopt the Resolution authorizing the Corporation Counsel to take the necessary steps to acquire the land in Rogers Park as authorized by the Vision 21 Squared Bond Package. 7 – Receive the communication and adopt the Resolution authorizing the Superintendent of Public Utilities to sign off on Title V or New Source Review permits to the State Department of Environmental Protection. 8 – Receive the communication and adopt the Resolution authorizing Mayor Boughton to execute the appropriate documents to renew the lease between the City of Danbury and the State Department of Transportation, on five railroad passenger cars used by the Danbury Railway Museum for an additional period of five years. 10 – Receive the communication and adopt the Resolution authorizing Mayor Boughton to execute the appropriate documents to receive grant funding from the State of Connecticut for improvements to be made at Highland Avenue Park. 1 Page 1 of 14  17 – Receive the communication and authorize the transfer of $20,000 to the Fire Department Special Services Account #2010.5052. 18 – Receive the communication and authorize the transfer of $3,100 from the Police Department Regular Salaries Account #2000.5020 to supplement the Animal Control budget to the accounts as outlined in the communication. 19 – Receive the communication and authorize the acceptance of the proposed amendment to the Administrative Services Agreement with Hartford Life relating to the City’s Deferred Compensation Plan. 28 – Receive the report and take no action. 29 – Receive the report and confirm the committee recommendation to adopt the Resolution regarding the Neighborhood Assistance Act. 30 – Receive the report and adopt the committee recommendation to accept side and road-widening easements from United Auto Group, Inc./Fair Honda. 32 – Receive the report and adopt the committee recommendation to accept a road-widening strip on East Starrs Plain Road. 34 – Receive the report and adopt the committee recommendation to move forward with acquisition of the Hawthorne Terrace Water Company by assessment methodology. Mr. Cavo made a motion that the Consent Calendar be adopted as read. Seconded by Mr. Seabury. Motion carried unanimously. 1 – ORDINANCE – False Alarms Ordinance Mrs. McMahon asked that this be referred to an ad hoc committee, the Corporation Counsel and the Alarm Hearing Officers. Mayor Boughton so ordered. 2 – ORDINANCE – Amendment of Bond Ordinance Mr. Calandrino asked that this be deferred to Public Hearing. Mayor Boughton so ordered. 3 – RESOLUTION – Federal Local Bridge Program – Thorpe Street Extension Bridge RESOLVED by the Common Council of the City of Danbury: Federal Project No. BRZ-6034(6) State Project No. 34-270 City Project No. 93-29 Thorpe Street Extension Bridge That Mark D. Boughton, Mayor of the City of Danbury, is hereby authorized to executed the THIRD SUPPLEMENTAL AGREEMENT BETWEEN THE STATE OF CONNECTICUT AND THE CITY OF DANBURY FOR THE CONSTRUCTION, INSPECTION AND MAINTENANCE REQUIRED IN CONJUNCTION WITH THE REPLACEMENT OF THE THORPE STREET EXTENSION BRIDGE (BRIDGE NO. 05097) OVER KOHANZA BROOK, together with such other documents as may be necessary for the accomplishment of the purposes thereof. The communication was received on the Consent Calendar and the Resolution authorizing Mayor Mark D. Boughton to execute the Third Supplemental City/State construction agreement with regard to the replacement of the Thorpe Street Extension Bridge adopted. 2 Page 2 of 14  4 – RESOLUTION – Farmers Market Coupon Grant RESOLVED by the Common Council of the City of Danbury: WHEREAS, the City of Danbury’s Women, Infants and Children’s Program (WIC) wishes to enter into an agreement with the State of Connecticut Department of Agriculture for funds in the amount of $695.00 to be used for supplement staffing during the Farmer’s Market Program; and WHEREAS, said funds are to be used to administer the issuance of farmer’s market coupons to enable WIC participants to purchase fresh fruits and vegetables at the local Farmer’s Market during the summer of 2005; and WHEREAS, the period for the availability of this grant is June 2005 through September 2005; and WHEREAS no local match is required. NOW, THEREFORE, BE IT RESOLVED THAT the Danbury WIC Office is authorized to sign an agreement with the State of Connecticut Department of Agriculture for this amount and to do all things necessary to administer the 2005 summer Farmer’s Market Coupon Program to its clients. The communication was received on the Consent Calendar and the Resolution authorizing the City of Danbury Women, Infants and Children’s Program to enter into an agreement with the State of Connecticut Department of Agriculture to receive $695.00 in funding for the Farmer’s Market Program adopted. 5 – RESOLUTION – Community Development Block Grant Program Year 31 RESOLVED by the Common Council of the City of Danbury: WHEREAS, the United States Department of Housing and Urban Development has allocated funds under Title 1 of the Housing and Community Development Act of 1987, as amended, which authorized the Community Development Block Grant Program; and WHEREAS, it is in the best interests of the City of Danbury to apply for a grant under such Act; and NOW, THEREFORE, BE IT RESOLVED THAT Mark D. Boughton, Mayor of the City of Danbury, is hereby authorized to approve and submit the City’s Consolidated Plan 2005-2010 and Annual Action Plan for PY31 and make application on behalf of the City of Danbury to the United States Department of Housing and Urban Development for grant funds for the Community Development Program Year commencing August 1, 2005 through July 31, 2006 for the Thirty-First Year Funding in accordance with all pertinent laws and regulations and the Statement of Community Development Objectives and Projected Use of Funds proposed by the Mayor’s Community Development Objectives and Projected Use of Funds proposed by the Mayor’s Community Development Program Policy Committee. BE IT FURTHER RESOLVED THAT Mark D. Boughton, Mayor of the City of Danbury is hereby authorized to execute all contracts and take all necessary actions to effectuate the purposes of this grant application. Mr. Steinerd made a motion to receive the communication and adopt the resolution regarding the Community Development Block Grant Program Year 31. Seconded by Mr. Nolan. Motion carried unanimously. 6 – RESOLUTION – Rogers Park Enhancements RESOLVED by the Common Council of the City of Danbury: 3 Page 3 of 14  WHEREAS, the City of Danbury, pursuant to authorization through the Vision2 bond package, is proceeding through plans and designs, to acquire additional property in and near Rogers Park; and WHEREAS, in order to undertake the above referenced project the City must acquire this parcel of land as described in the Schedule A attached hereto; and WHEREAS, said parcel of land 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 parcel of land. NOW, THEREFORE, BE IT RESOLVED THAT the City of Danbury, through the Office of Corporation Counsel, be and hereby is authorized to acquire the parcel of land set forth on Schedule 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 mortgage(s) encumbering the properties, if any, by December 1, 2005. The communication was received on the Consent Calendar and the Resolution authorizing the Corporation Counsel to take the necessary steps to acquire the land in Rogers Park as authorized by the Vision 21 Squared Bond Package approved. 7 – RESOLUTION – Title V Authorization RESOLVED by the Common Council of the City of Danbury: WHEREAS, the City of Danbury must periodically file permit applications, reports and certifications with the Commissioner of the Department of Environmental Protection in connection with the operation of the landfill flare and other Title V permit operations; and WHEREAS, section 22a-174-2a of the Regulations of Connecticut State Agencies requires that documents, such as permit applications, reports or certifications, submitted to the Commissioner of the Department of Environmental Protection be signed by the person authorized by charter or resolution of the board of selectmen or town council or other governing body; and, WHEREAS, the charter of the City of Danbury makes no such designation. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF DANBURY THAT David M. Day, P.E. Danbury Superintendent of Public Utilities be and hereby is authorized to sign DEP Title V or New Source Review permits and associated reporting documents on behalf of the City of Danbury. The communication was received on the Consent Calendar and the Resolution authorizing the Superintendent of Public Utilities to sign off on Title V or New Source Review permits to the State Department of Environmental Protection adopted. 8 – RESOLUTION – Renewal of Lease of Five Passenger Coaches and Sublease to Danbury Railway Museum, Inc. RESOLVED by the Common Council of the City of Danbury: 4 Page 4 of 14  WHEREAS, the State of Connecticut, Department of Transportation and the City of Danbury previously entered into a Lease Agreement No. 9.20-03(99) dated May 3, 2000, for the lease of five (5) State-owned railroad passenger coaches, Nos. 1547, 2001, 2012, 2014 and 2015 for use in conjunction with the operation of the Danbury Railway Museum; and WHEREAS, the State of Connecticut, Department of Transportation has agreed to renew said lease for a five (5) year period; and WHEREAS, it is in the best interests of the City of Danbury to execute an agreement to permit such a renewal and ultimately effect the utilization of the coaches through the Danbury Railway Museum; NOW, THEREFORE, BE IT RESOLVED THAT Mayor Mark D. Boughton be and hereby is authorized to execute an agreement entitled “FIRST SUPPLEMENTAL AGREEMENT TO LEASE AGREEMENT DATED MAY 3, 2000 BETWEEN STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION AND CITY OF DANBURY IN THE CITY OF DANBURY RAIL FILE NO. (34) 7001- MISC-976” and take such other, additional actions as may be necessary in order to effectuate the purposes hereof. The communication was received on the Consent Calendar and the Resolution authorizing Mayor Boughton to execute the appropriate documents to renew the lease and the sublease between the City of Danbury and the State Department of Transportation, on five railroad passenger cars used by the Danbury Railway Museum for an additional period of five years adopted. 9 – RESOLUTION – Steve Kaplanis Memorial Field RESOLVED by the Common Council of the City of Danbury: WHEREAS, Steve Kaplanis was born, raised and lived his life in the City of Danbury; and WHEREAS, Steve Kaplanis gave strength to the fabric of this community as coach and teacher, father and husband, a man who dedicated his life to the welfare and personal development of both his children and the children of the City of Danbury; and WHEREAS, the City of Danbury and the Danbury Public School System have proposed and planned for the improvement of a parcel of property adjacent to Broadview Middle School, including the construction of an artificial turf all purpose athletic field on the site; and WHEREAS, the naming of this new athletic field in honor of Steve Kaplanis serves to recognize his gifts and provide a constant reminder of his spirit of selfless contribution to the lives of others. NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF DANBURY THAT the planned Broadview Middle School all-purpose athletic field be and hereby is named and dedicated the Steve Kaplanis Memorial Field and that Mayor Mark D. Boughton be and hereby is authorized to take whatever action he deems necessary to effectuate the purposes hereof. Mr. Trombetta made a motion to receive the communication and adopt the resolution naming the planned Broadview Middle School all-purpose athletic field in honor of Steve Kaplanis. Seconded by Mr. Urice. Motion carried unanimously. 10 – RESOLUTION – Highland Avenue Park State DEP Grant RESOLVED by the Common Council of the City of Danbury: 5 Page 5 of 14  BE IT RESOLVED that Mark D. Boughton, Mayor of the City of Danbury be and hereby is authorized to execute on behalf of the City of Danbury a Personal Services Agreement (PSA) with the State of Connecticut for financial assistance for the planning and design work for improvements to be made at the Highland Avenue Park; and IN ADDITION, that Mark D. Boughton, Mayor is hereby authorized to enter into such agreements, contracts and execute all documents necessary to said grant with the State of Connecticut. The communication was received on the Consent Calendar and the resolution authorizing Mayor Boughton to execute the appropriate documents to receive grant funding from the State of Connecticut for improvements to be made at Highland Avenue Park adopted. 11 – COMMUNICATION – Appointment as Police Officer – Andrew Corrado Letter from Mayor Boughton requesting confirmation of the appointment of Andrew Corrado to the position of police officer. Mr. Seabury made a motion to receive the communication and confirm the appointment. Seconded by Mrs. Basso. Motion carried unanimously. 12 – COMMUNICATION – Appointment as Police Officer – Richard DeJesus Letter from Mayor Boughton requesting confirmation of the appointment of Richard DeJesus to the position of Police Officer. Mrs. Stanley made a motion to receive the communication and confirm the appointment. Seconded by Mrs. Basso. Motion carried unanimously. 13 – COMMUNICATION – Promotions within the Police Department Letter from Mayor Boughton requesting confirmation of the promotion of Police Office Martin Lobraico, Jr. to the rank of Sergeant within the Police Department. Mr. Nagarsheth made a motion to receive the communication and confirm the promotion to Martin Lobraico, Jr. Seconded by Mr. Urice. Motion carried unanimously. Letter from Mayor Boughton requesting confirmation of the promotion of Police Office Lawrence A. Frinton to the rank of Sergeant within the Danbury Police Department. Mrs. McMahon made a motion to receive the communication and confirm the promotion of Lawrence Frinton. Seconded by Mr. Nolan. Motion carried unanimously. 14 – COMMUNICATION – Donation to the Fire Department Letter from Fire Chief Peter Siecienski requesting permission to accept a donation from Clellia Mastracchio in the amount of $25.00 for educational opportunities. Mr. Visconti made a motion to receive the communication, accept the donation, credit the appropriate line item and send a letter of thanks. Seconded by Mr. Steinerd. 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 $160.00 and a donation of a microwave for Elmwood Hall valued at $129.00 from Zemel’s TV & Appliance. Mr. Steinerd made a motion to receive the communication, accept the donations, credit the appropriate line items and send letters of thanks. Seconded by Mr. Cavo. Motion carried unanimously. 16 – COMMUNICATION – Donation for the Still River Greenway Project Letter from Jack Kozuchowski requesting permission to accept a donation for the Still River Greenway project from Emerson Industrial Automation in the 6 Page 6 of 14  amount of $2,500. Mr. Cavo made a motion to receive the communication, accept the donation, credit the appropriate line item and send letters of thanks. Seconded by Mrs. basso. Motion carried unanimously. 17 – COMMUNICATION – Fire Department Special Services Account Letter from Fire Chief Peter Siecienski requesting that the sum of $20,000 be transferred into the Special Services Account due to ongoing events. The communication was received on the Consent Calendar and the transfer of funds authorized. 18 – COMMUNICATION – Police Department Budget Transfer Request Letter from Police Chief Alan Baker requesting permission to transfer the sum of $3,100 from Police Department Regular Salaries operating budget to supplement the Animal Control Budget for accounts as listed. A certification of funds was authorized. The communication was received on the Consent Calendar and the transfer of $3,100 from the Police Department Regular Salaries Account authorized. 19 – COMMUNICATION – Amendment to Administrative Services Agreement Hartford Life 457 Plan Letter from Director of Finance Dena Diorio requesting approval of an amendment to the Administrative Services Agreement Hartford Life 457 Plan regarding a growing concern surrounding frequent trading in the mutual fund industry. The communication was received on the Consent Calendar and the acceptance of the proposed amendment to the Administrative Services Agreement with Hartford Life relating to the City’s Deferred Compensation Plan authorized. 20 – COMMUNICATION – BOE Request for Matching Funds for FY04-05 Ms. Teicholz made a motion that this be referred to an ad hoc committee, the Director of Finance, the BOE Finance Director and the Board of Education. Mayor Boughton so ordered. 21 – COMMUNICATION – Request for Sewer Extension – 14 Greenview Road Ms. Diggs 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 Nolan, McMahon and Esposito to the committee. 22 – COMMUNICATION – Briar Ridge Road – Conveyance of Easements Letter from Attorney Paul N. Jaber requesting that the City accept a sidewalk easement and a sanitary sewer easement for Briar Woods Condominiums. Mr. Urice made a motion to receive the communication and accept the easements. Seconded by Mr. Nolan. Motion carried unanimously. 23 – COMMUNICATION – Harbour View Condominiums – Conveyance of Easements Letter from Attorney Paul N. Jaber requesting that the City accept easements for sidewalk purposes and utility purposes for Harbour View Condominiums. Mr. Saadi made a motion to receive the communication and acceptance the easements. Seconded by Mr. Urice. Motion carried unanimously. 24 – COMMUNICATION – Petition for Sewer Extension on Southern Boulevard Mrs. Basso asked that this be referred to the Director of Public Works for a survey. Mayor Boughton so ordered. 25 – COMMUNICATION – 128 East Liberty Street Drainage Easement 7 Page 7 of 14  Letter from Attorney Robin A. Kahn requesting that drainage easements from Sunrise Construction and Edward J. Blasco be accepted. Mr. Seabury made a motion to receive the communications and accept the easements. Seconded by Mr. Steinerd. Motion carried unanimously. 26 – COMMUNICATION – Request for An Easement on Hylo Drive Mr. Cavo asked that this be referred to the Director of Public Works, the Corporation Counsel and the Planning Commission for reports back within thirty days. Mayor Boughton so ordered. 27 – COMMUNICATION – Report regarding South Cove Road Mr. Trombetta asked that this be referred to the Director of Public Works for a survey. Mayor Boughton so ordered. 28 – COMMUNICATION – Report regarding Parking at 82 Westville Avenue Report from Zoning Enforcement Officer Wayne Skelly stating that Section 8.C.1 of the Zoning Regulations specifically prohibits parking in the front yard. The report was received on the Consent Calendar and no action taken. 29 – REPORT & RESOLUTION – Neighborhood Assistance Act Mr. Nolan submitted the following report: The Common Council met as a committee of the whole on May 16, 2005 in the Common Council Chambers immediately following a public hearing. Mr. Cavo made a motion to recommend that the Common Council adopt the Neighborhood Assistance Act Resolution. Seconded by Mr. Saadi. Motion carried unanimously. RESOLVED by the Common Council of the City of Danbury: WHEREAS, the Connecticut Neighborhood Assistance Act Program is available for area non profits to submit applications for funding; and WHEREAS, the Act provides tax credits for businesses which contribute to community programs having received both municipal and state approval; and WHEREAS, certain local and area organizations are seeking to apply through Danbury for such tax credits; and WHEREAS, no local matching funds are required; and WHEREAS, said organizations and their requests are as set forth on the attached schedule. NOW, THEREFORE, BE IT RESOLVED THAT the City of Danbury through its Common Council hereby approves, subject to a public hearing as required by law, those organizations set forth in the schedule for participation in the Neighborhood Assistance Program and authorize Mark D. Boughton, Mayor of the City of Danbury to take such actions as may be necessary for the accomplishment of the purposes hereof. The report was received on the Consent Calendar and the committee recommendation to adopt the Resolution regarding the Neighborhood Assistance Act approved. 30 – REPORT – Tax Assessment Deferral – 14-16 State Street No action taken on report. 8 Page 8 of 14  31 – REPORT – United Auto Group, Inc./Fair Honda Mr. Calandrino submitted the following report: The Common Council Committee appointed to review the easements request from United Auto Group, Inc./Fair Honda met on May 23, 2005 at 7:00 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Calandrino, Cavo and Esposito. Also in attendance were Deputy Corporation Counsel Eric Gottschalk, Attorney Paul Jaber for the petitioner and Council Members Basso, Saracino and Teicholz, ex-officio. Mr. Calandrino noted the positive recommendation from the Planning Commission. Attorney Jaber said that United Auto Group recently received approval from the Planning Commission to build an addition to the existing Fair Honda building off Federal Road. The addition will mainly be used for auto repairs and will unload cars there as well. A provision of the Planning approval was that United Auto Group give a sidewalk easement and a road-widening easement to the City. They are not going to widen the road however. Attorney Gottschalk said Fair Honda will install the easement and the property owner must maintain and repair the sidewalk. Mr. Cavo made a motion to recommend that the City accept the sidewalk easement and the road-widening easement from United Auto Group, Inc./Fair Honda. Seconded by Mr. Esposito. Motion carried unanimously. The report was received on the Consent Calendar and the committee recommendation to accept sidewalk and road-widening easements from United Auto Group, Inc./Fair Honda approved. 32 – REPORT – Road Widening Parcel on East Starrs Plain Road Mr. Urice submitted the following report: The Common Council Committee appointed to review the road-widening parcel on East Starrs Plain Road met on May 16, 2005 at 8:20 P.M. in the Third Floor Caucus Room in City Hall. In attendance were committee members Urice, Steinerd and Barry. Also in attendance were Director of Public Works William Buckley, Assistant Corporation Counsel Les Pinter and Attorney Robin Kahn for the petitioner. The Planning Commission issued a positive recommendation. Mr. Buckley said that regulations require the developer to give 25 feet for a road-widening strip to the City, which becomes City property. This does not mean that the road is going to be widened. Mr. Steinerd made a motion to recommend that the Common Council accept the road-widening strip. Seconded by Mr. Barry. Motion carried unanimously. The report was received on the Consent Calendar and the committee recommendation to accept a road-widening strip on East Starrs Plain Road approved. 33 – REPORT & ORDINANCE – An Ordinance Appropriating $5,000,000 for Sewer Service Extensions and Authorizing the Issuance of $5,000,000 Bonds of the City to Meet Said Appropriation and Pending the Issuance Thereof The Making of Temporary Borrowings For Such Purpose Mr. Nolan submitted the following report: 9 Page 9 of 14  The Common Council met as a committee of the whole on May 16, 2005 in the Common Council Chambers immediately following a public hearing. Mr. Cavo made a motion to recommend adoption of the Ordinance appropriating $5,000,000 For Sewer Service Extensions and Authorizing the Issuance of $5,000,000 Bonds of the City to Meet Said Appropriation and Pending the Issuance Thereof The Making of Temporary Borrowings For Such Purpose. Seconded by Mr. Urice. Motion carried unanimously. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF DANBURY: Section 1. The sum of $5,000,000 is appropriated for the costs of extension of sewer service in those certain segments of the City to be approved from time to time by resolution of the Common Council. 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 provided that the total amounts 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 accordance with the General Statutes of the State of Connecticut, as amended; 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 the 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 10 Page 10 of 14  (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, of if the Mayor and Director of Finance shall deem it advisable to pay such notes prior to the end of the period, the Mayor and the Director of Finance are hereby authorized to issue and sell bonds or bond anticipation notes of the City under the authority of subparagraph (i) of this Section and Section 4, 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 approved by the Mayor, the City Treasurer and the 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 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 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 project in Section 1. 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 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 11 Page 11 of 14  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 6. 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 made prior hereto are hereby confirmed, ratified and approved. Mr. Urice made a motion to receive the report and adopt the Ordinance appropriating $5,000,000 for Sewer Service Extensions and Authorizing the Issuance of $5,000,000 Bonds Of The City to Meet Said Appropriation and Pending the Issuance Thereof The Making of Temporary Borrowings For Such Purpose. Seconded by Mr. Cavo. Motion carried unanimously. 34 – REPORT – Hawthorne Terrace Water Improvements Mr. Nolan submitted the following report: The Common Council met as a committee of the whole on May 16, 2005 and on June 1, 2005 in the Common Council Chambers regarding the Hawthorne Terrace Water Improvements. Mr. Buckley stated that this project was done by assessment methodology in compliance with Chapter 21 of the Code of Ordinances. Mr. Buckley offered a chart showing the area, frontage, zoning and assessed value. The yellow area depicted 53 yes votes, the blue area depicted 3 no votes and the white area depicted 7 no response. The water company asked the City to take over the water system. There are 42 water customers, 5 customers of another company and a number of properties on private wells. This system is under orders from the State Health Department. The two properties in question were included because the well lot is right across the street. Mr. Buckley said he could not eliminate these two properties. The owner of the water company is the Hawthorne Terrace Water Company. Mr. Saadi asked how the frontage for the Staib property was calculated. Attorney Pinter said this is the largest property. There is a three-foot reserve partition between the road and the property. They have not determined whether the buffer creates a barrier to a frontage calculation. He is not sure how the property owner overcomes the buffer. Mr. Saadi asked if the minimum frontage is different from the barrier? Attorney Pinter said the numbers are probably correct but the legal impact is being reviewed. After further discussions regarding legal issues regarding frontage, Mr. Calandrino made a motion to table this item pending the legal issues being addressed. Seconded by Mr. Seabury. Motion carried unanimously. The meeting reconvened on June 1, 2005 at 7:05 P.M. Mr. Calandrino asked if the frontage issue had been reviewed? Attorney Pinter stated that he looked at the local ordinance, State statutes and case law. He determined that there are a couple of options. The larger issue is whether the 12 Page 12 of 14  Council feels a water main extension and the assessment methodology makes sense for the City. The frontage issue is a technical matter, which will be determined during the course of the project. The Council should consider if this is a good idea. Mr. Cavo asked Mr. Buckley to give an overview of why this issue is before the Common Council. Mr. Buckley stated that this issue is before the Council because members of the water company petitioned for assistance with the water company because it is under state order to bring the system up to standards. The system will not be interconnected to the City system and will be operated as a satellite system. The Council directed him to do a survey. Two additional votes come in today, one was a yes vote and one was a no vote. There was a community meeting on this issue. It could be five or six years before final assessments are in place. Mr. Buckley addressed questions concerning fines by the State, who owns the water company and the relationship between the water company and the association. Mr. Seabury asked if there is any way to bypass the no votes? Mr. Buckley said he could shorten the water line and stop it before two of the no votes, but the well lot is directly across the street from the other two no votes. Mr. Cavo made a motion to recommend acquisition of the Hawthorne Terrace Water Company following assessment methodology. Seconded by Ms. Saracino. Mr. Seabury offered an amendment to exclude the two end properties, specifically lot number KO2118 and K02115. Seconded by Mr. Urice. Motion to amendment carried with Council Members Calandrino, Saracino and Cavo voting no and Mr. Saadi abstaining. Mr. Urice offered a further amendment not to preclude what may be assessed and by what measures. Seconded by Ms. Saracino. Mr. Cavo asked if this is needed or if it is already there. Attorney Pinter said it is not needed technically but it would do no damage. Mr. Urice stated that it is on the record that we have not closed out who is being assessed and how much. Motion to amend carried with Mr. Saadi abstaining. Main motion, as amended, carried with Mr. Saadi abstaining. The report was received on the Consent Calendar and the committee recommendation to move forward with acquisition of the Hawthorne Terrace Water Company by assessment methodology approved. 35 – DEPARTMENT REPORTS – Fire Chief, Police Chief, Fire Marshall, Department of Public Works, Health and Housing, Permit Center, Building Department, Elderly Services, Welfare and Social Services. Mr. Nolan made a motion to accept the department reports and waive the reading as all members have copies. Seconded by Mr. Nagarsheth. Motion carried unanimously. Mayor Boughton extended all committees. Mr. Nolan made a motion to adjourn at 8:10 P.M. Respectfully submitted, _________________________ JIMMETTA L. SAMAHA 13 Page 13 of 14  Clerk ATTEST: _________________________ MARK D. BOUGHTON Mayor 14 Page 14 of 14