Board of Mayor and Burgesses

MINUTES REGULAR MEETING BOARD OF MAYOR AND BURGESSES MAY 5, 2015 1. Mayor Robert A. Mezzo called the regular meeting to order at 6:15 p.m. with the following in attendance: BURGESSES: PRESS: T. K. Rossi, arr. 6:32 p.m. R. Neth L. Marshall M. Bronko A. Olbrys R. Burns P. Scully, Sr. C. Ernsky, arr. 6:30 p.m. R. Vitale RESIDENTS: L. Jackson, arr. 6:20 p.m. One DEPARTMENT HEADS: J. Stewart, Public Works Director R. Butler, Jr., Controller OTHERS: R. Krzykowski, Planning Commission E. Fitzpatrick, Attorney S. MacKenzie, Inland Wetlands Commission R. Pugliese, NEDC M. Davis, Inland Wetlands Commission D. Sheridan, Finance Board 2. Mayor Mezzo led in the Pledge of Allegiance to the flag. 3. VOTED: Unanimously on a motion by Burgess Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses approve the minutes of the regular meetings of March 18, 2015 and April 7, 2015 and the special meeting of March 30, 2015. Each member received copies for review. 4. VOTED: Unanimously on a motion by Burgess Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses approve the monthly reports of April. Each member received copies for review. 5. VOTED: Unanimously on a motion by Burgess Neth and seconded by Burgess Burns to recess to Executive Session at 6:17 p.m. for discussion on the following: Real Estate Negotiations (General DataComm, Parcels A, B and C, Naugatuck Train Station, Prospect Street School, Property bordering Water Street and Cedar Street, Chemtura property) and Pending Litigation inviting in Attorney E. Fitzpatrick and Naugatuck Economic Development Corporation CEO R. Pugliese. Mayor Mezzo reconvened the meeting at 7:02 p.m. 6. There were no motions emanating from Executive Session. 7. Public Comment Inland Wetlands Chairwoman Mary Davis read a letter the Inland Wetlands Commission sent to the board. The commission wants the toxic roadside spraying of weeds to stop.  -2- Minutes – Board of Mayor and Burgesses – Regular Meeting – May 5, 2015 They would like the Public Works Department to mow the overgrowth. Inland Wetlands Commissioner Mark Bakstis said the borough board is not in compliance with the Environmental Pledge they took. He said the toxic pollutants are entering our waterways. 8. Burgess Comments – Open Topic Burgess Vitale was very impressed on the tour of the newly renovated high school. Artspace had a very good presentation and he hopes things happen soon. The Raymond K. Foley Award dinner will be held on May 12th at 7 p.m. honoring Timothy Reilly. Burgess Jackson is impressed with the renovated high school. She thanked Burgess Neth for a job well done. Burgess Neth said the high school building committee charged the borough attorney to go forward with pursuing discussions on the possible purchase of homes in front of the high school on Rubber Avenue. After hearing back from the attorney, the committee has decided not to pursue purchasing the homes because of the outcome of some of the negotiations. The Renewable Energy Committee interviewed two vendors for LED street lighting. The pay back is in four to five years. Burgess Olbrys thought the tour of the high school was awesome. The presentation to the Renewable Energy Committee for street lights was incredible. He thanked the members of the Inland Wetlands Commission for coming tonight with their concerns. 9. Motion by Deputy Mayor Rossi and seconded by Burgess Neth that the Board of Mayor and Burgesses approve the bid and authorize Mayor Mezzo to execute all contracts and related documents for the “Town Hall Exterior Sealant Replacement” to Scholar Painting LLC, 2 Klarides Village Drive #145, Seymour, CT 06483 in the amount of $17,320 as recommended by Public Works Director James Stewart. Motion tabled. 10. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses reject the bids received for the “The North Main Street Siphon Repair at Fulling Mill Brook Contract 15-03” as recommended by Public Works Director James Stewart. 11. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses authorize Public Works Director James Stewart to sign the required documents to participate in the Department of Administrative Services (DAS) and Department of Transportation (CONNDOT) 2015/2016 Winter Season Contract for Road Salt. 12. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Neth that the Board of Mayor and Burgesses refer to the Joint Boards of Mayor and Burgesses and Board of Finance a transfer request of $99,237.57 from Contingency to the Public Works Department – “Road Sand and Salt” as recommended by Public Works Director James Stewart.  -3- Minutes – Board of Mayor and Burgesses Regular Meeting – May 5, 2015 13. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses refer to the Joint Boards of Mayor and Burgesses and Board of Finance a transfer request of $142,039.00 from Contingency to the Public Works Department – “Snow Removal” as recommended by Public Works Director James Stewart. 14. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses refer to the Joint Boards of Mayor and Burgesses and Board of Finance a transfer request of $63,307.02 from Contingency to the Public Works Department – “Winter Overtime” as recommended by Public Works Director James Stewart. 15. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses refer to the Joint Boards of Mayor and Burgesses and Board of Finance a transfer request of $11,700.00 from Contingency to the Tax Department – “Printing and Postage” as recommended by Tax Collector James Goggin. 16. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Neth that the Board of Mayor and Burgesses authorize Mayor Robert Mezzo to execute all contracts and related documents with HydroEnvironmental Solutions, Inc., One Deans Bridge Road, Somers, New York 10589 for the Post-Remediation Groundwater Monitoring and Environmental Consulting Services for Parcel C North and South in the amount of $34,910 for Environmental Services including $14,670 for Laboratory Costs for Water and Soil Sampling as recommended by Public Works Director James Stewart. 17. Motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses adopt the following resolution of support for the Congestion Mitigation Air Quality(CMAQ) Program Grant Application for the Phase II Greenway Project as recommended by Public Works Director James Stewart, as if read: WHEREAS, the Borough of Naugatuck has submitted an application to the Connecticut Department of Transportation for federal funding assistance under the US Department of Transportation’s Congestion Mitigation and Air Quality (CMAQ) program to construct an extension of the Naugatuck River Greenway from the existing Pulaski pedestrian bridge to the Waterbury town line; WHEREAS, the CMAQ program requires the municipal project sponsor to contribute 20 percent of project cost to match federal funds and assume responsibility for any costs above and beyond awarded funds;  -4- Minutes – Board of Mayor and Burgesses – Regular Meeting – May 5, 2015 WHEREAS, the estimated cost of the project is $2,966,422 and the Borough of Naugatuck will be required to provide $593,284 to match federal funds, and it is understood that the required match funds must be cash and in-kind services and soft match are not acceptable; NOW THEREFORE BE IT RESOLVED, that the Borough of Naugatuck supports the expansion of the Naugatuck River Greenway and commits to providing the required local match of federal aid funds awarded under the CMAQ program and agrees to provide the necessary funds to ensure the full construction of the project in the event that actual project costs exceed the amount of provided by the grant award. ROLL CALL VOTE: FOR OPPOSE ABSTAIN Mayor Mezzo L. Jackson None None T. K. Rossi R. Neth M. Bronko A. Olbrys R. Burns P. Scully, Sr. C. Ernsky R. Vitale Motion carried 10-0-0 18. Motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses adopt the following resolution for the Appropriation and Bond Authorization of $2,162,000 for the Financing of a Judgment, as if read: RESOLVED, the Board of Mayor and Burgesses hereby adopts and recommends to the Board of Finance and the Board of Finance and the Board of Mayor and Burgesses sitting jointly that: (i) the sum of $2,162,000 be appropriated for the financing of a judgment consisting of an administrative order of the Connecticut Department of Energy and Environmental Protection, dated March 24, 2015 (the “Administrative Order”) including, but not limited to, all plans, studies, reports, evaluations and testing, required thereby (the “Studies”) as well as the implementation of recommendations required thereby including any actions required in connection with any preliminary findings of the Studies and as required by the Administrative Order and all alterations, repairs and improvements in connection therewith, as well as engineering, architectural and temporary and permanent financing costs (the “Project”),and to meet said appropriation and in lieu of a tax therefor, bonds of the Borough be issued pursuant to the Charter of the Borough and Section 7- 374b of the Connecticut General Statutes, as amended, or any other provision of law thereto enabling, in the amount of $2,162,000 or so much thereof as may be necessary after deducting grants or other sources of funds available therefor; and (ii) that the Mayor and the Treasurer of the Borough be authorized to issue and sell temporary notes of the Borough not to exceed $2,162,000 in anticipation of the receipt of the proceeds from the sale of such bonds and to determine the amount, date, date of maturity, interest rate, form and other details of such notes or bonds, pursuant to the Charter of the Borough and Chapter 109 of the Connecticut General Statutes, as  -5- Minutes – Board of Mayor and Burgesses – Regular Meeting – May 5, 2015 amended, or any other provision of law thereto enabling, provided that the proceeds from the sale of such notes shall be used for said purpose; and (iii) that the Mayor and the Treasurer of the Borough shall sign the bonds or notes by either manual or facsimile signatures and that the law firm of Pullman & Comley, LLC is designated as bond counsel to approve the legality of the bonds or notes; and (iv) that the Mayor is authorized to designate a bank or trust company to be the certifying bank, registrar, transfer agent and paying agent of the bonds or notes; to sell the bonds or notes at public or private sale; to deliver the bonds or notes; and to perform all other acts which are necessary or appropriate to issue the bonds or notes including entering into a continuing disclosure agreement pursuant to the Securities and Exchange Commission Rule 15(c)(2)(12). If the bonds or notes authorized by this resolution are issued on a tax-exempt basis, the Mayor and the Treasurer of the Borough are authorized to bind the Borough pursuant to such representations and covenants as they deem necessary or advisable in order to maintain the continued exemption from federal income taxation of interest on the bonds or notes, including covenants to pay rebates of investment earnings to the United States in future years. BE IT FURTHER RESOLVED, that the Borough reasonably expects to incur expenditures (the “Expenditures”) in connection with the project for which a general functional description is provided above. The Borough reasonably expects to reimburse itself for the cost of the Expenditures with the proceeds of general obligation bonds and notes of the Borough described above. The maximum principal amount of such debt (both bonds and notes) is not expected to exceed $2,162,000. This declaration of official intent is a declaration of official intent made pursuant to Treasury Regulation Section 1.150-2. BE IT FURTHER RESOLVED, that the Mayor and the Treasurer and other proper officers of the Borough are authorized to take all other action which is necessary or desirable to contract and complete the project authorized above and to issue bonds, notes or other obligations to defray the aforesaid appropriation. ROLL CALL VOTE: FOR OPPOSE ABSTAIN Mayor Mezzo L. Jackson None None T. K. Rossi R. Neth M. Bronko A. Olbrys R. Burns P. Scully, Sr. C. Ernsky R. Vitale Motion carried 10-0-0 19. Motion by Deputy Mayor Rossi and seconded by Burgess Burns that the Board of Mayor and Burgesses authorize a transfer request of the Naugatuck VNA Building to the Board of Education as of July 1, 2015 for the use of special programs as recommended by Controller Robert W. Butler, Jr. Motion rescinded.  -6- Minutes – Board of Mayor and Burgesses – Regular Meeting – May 5, 2015 VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Burns that the Board of Mayor and Burgesses authorize the use of the Naugatuck VNA Building to the Board of Education as of July 1, 2015 for special programs as recommended by Controller Robert W. Butler, Jr. 20. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Neth that the Board of Mayor and Burgesses add to the agenda tax refunds. 21. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses authorize Controller Robert W. Butler, Jr. to refund the following tax refunds approved by Tax Collector James Goggin; as if read: Carreira, Arthur J. or Elizabeth $341.06 43 Valley Drive Naugatuck, CT 06770 2013-01-3855 Overpaid MV Daimler Trust $942.07 P.O. Box 685 Roanoke, TX 76262 2013-01-5734 c/c 1733 MV Sold 12/13 VIN# 4JGBB2FB5BA634162 Enter FM Trust $398.87 600 Corporate Park Drive St. Louis, MO 2013-01-7446 c/c 1470 Lease Term VIN# 3VWRZ7AJ7AM060463 Erjon, Sejdaras $77.64 84 Beebe Street Naugatuck, CT 06770 2012-02-4388 c/c 1510 MV Gone 12/12 Fearnley, Dorothy $545.49 129 Benz Street Ansonia, CT 06401 2003-01-27012 c/c 2527 Ansonia Resident 2003-01-7881 c/c 2526 Ansonia Resident Fitzgerald Funeral Services $881.63 240 N Main Street Naugatuck, CT 06770 2013-01-8066 Overpaid MV Hepp, Jeffrey $132.81 33-6 Ridge Road Naugatuck, CT 06770 2013-01-10484 c/c 1575 Apply Vets  -7- Minutes – Board of Mayor and Burgesses – Regular Meeting – May 5, 2015 Litke, John J. and Mary F. $181.06 179 Webb Road Naugatuck, CT 06770 2013-03-60809 Overpaid Real Oliver, Steven and Fay $13.59 219 N Main Street Naugatuck, CT 06770 2013-7-788023 Overpaid Real Pecci, Robert $229.67 1670 Litchfield Road Watertown, CT 06795 2013-03-62653 Overpaid Real Shanahan, Richard J. $810.00 248 Park Avenue Naugatuck, CT 06770 2013-03-64138 Overpaid Real Sodlosky, Edward III Trustee $2.00 276 N Main Street Naugatuck, CT 06770 2013-03-64444 Overpaid MV Teasley, Emma Jean $8.00 42 Crofut Road Naugatuck, CT 06770 2013-01-23712 Overpaid MV Toyota Lease Trust $148.13 P.O. Box 105386 Atlanta, GA 30348 2013-01-24198 c/c 1585 Correct Assessment VIN# 2T3BFREVODWO17477 Toyota Motor Credit $202.31 P.O. Box 105386 Atlanta, GA 30348 2013-01-24243 c/c 1594 Sold MV VIN# 5TDBK3EH2NSO55651 Velki, John II and Angela $73.97 33 Dayton Road Naugatuck, CT 06770 2013-01-24849 Overpaid MV 22. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Scully that the Board of Mayor and Burgesses authorize Controller Robert W. Butler, Jr. to refund the following tax refunds approved by Tax Collector James Goggin; as if read:  -8- Minutes – Board of Mayor and Burgesses Regular Meeting – May 5, 2015 Allen, Catherine Trust/ Allen Family Trust $127.07 116 Hickory Lane Naugatuck, CT 06770 2013-03-55164 Overpayment Real Estate Anderson, Robert A. $53.57 49 May Avenue Naugatuck, CT 06770 2013-01-652 c/c 1594 MV Sold Berghauser, Lisa $5.00 44 City Hill Court Naugatuck, CT 06770 2013-01-1923 Bioski, Robert L. or Gendron Bioski, Lisa $132.81 90 Terrace Avenue Naugatuck, CT 06770 2013-01-2110 c/c 1612 Apply Vets Burke, Shirley and George $16.48 108-42 Clark Road Naugatuck, CT 06770 2013-03-56487 Overpayment Real Estate Converter Consultants LLC # 60 $15.17 1058 Rubber Avenue Naugatuck, CT 06770 2013-04-32209 Overpaid Personal Property CT Water Company $803.51 93 West Main Street Clinton, CT 06413-1645 2013-03-57160 c/c Combined With 014/9027 CT Water Company $3,064.21 Attention: Cindy Gaudino 93 West Main Street Clinton, CT 06413 2011-03-42025 c/c 1497 Combined With ID 014/9027 2012-03-41973 c/c 1498 Combined With ID 014/9023 2012-03-26961 c/c 1498 Combined With ID 014/9027 2013-03-42158 c/c 1499 Combined With ID 014/9027 Dan Electric Service LLC $395.90 436 Horton Hill Road Naugatuck, CT 06770 2013-01-5801 Over payment on MV  -9- Minutes – Board of Mayor and Burgesses Regular Meeting – May 5, 2015 Debernardis, Carol $62.50 83 Barnfinch Circle Naugatuck, CT 06770 2012-03-52097 Adjustment Depasqua, Daniel $144.09 188 Margaret Circle Naugatuck, CT 06770 2013-01-6387 Overpaid MV Ean Holdings LLC $800.53 8 Ella Grasso Turnpike Windsor Locks, CT 06096 2013-021543 Overpaid MV VIN# 5TDKK3DCOES499895 Erickson, Shane C. $48.81 15 Coventry Lane Naugatuck, CT 06770 2013-01-7474 Overpaid MV Grand Bank For Savings $74.36 Of PO Drawer 16988 Hattieburg, MS 39404 2013-03-60002 Overpaid Real Joshua Jones 526 Candee Road Hasa, Alba $394.50 5 Bunting Road Seymour, CT 06483 2011-01-10322 c/c Non Resident Heath, David $132.81 229 Hillside Avenue Naugatuck, CT 06770 2013-01-10378 c/c 1657 Vets Exempt Howard, Joan $120.00 108 Clark Road #77 Naugatuck, CT 06770 2013-01-17136 Overpaid MV Hubbell, Ronald Jr. $5.76 70 Cold Spring Circle Naugatuck, CT 06770 2013-01-24243 c/c 1210 Plate Return 2/14 Farley, Darlene $72.53 86 Kingswood Drive Naugatuck, CT 06770 2013-03-43369 Overpaid Real  -10- Minutes – Board of Mayor and Burgesses – Regular Meeting – May 5, 2015 Imran, Imam Uddin $389.58 119 Highland Avenue FL 2 Waterbury, CT 06708 2013-01-11369 c/c 1974 Waterbury Resident Kelly, Kathleen $34.53 P.O. Box 1152 Panama, OK 74951 2013-01-12177 c/c 1921 Out of State 2013-01-12178 c/c 1922 Out of State 2013-01-12179 c/c 1923 Out of State Kisler, Kenneth $40.57 32 Ruela Drive Naugatuck, CT 06770 2011-02-2465 Correct Assessment c/c 1053 McCourt, Denise $61.98 151 Andrew Avenue Unit 75 Naugatuck, CT 06770 2013-01-15189 Receipt 1/14 c/c 1005 McDonald, Cheryl $11.96 96 Donna Lane Naugatuck, CT 06770 2013-01-15217 Apply Vets c/c 1177 VIN# KMHDN46D15VO61308 Mezzo, Regina $135.47 140 Osborn Road Naugatuck, CT 06770 2013-01-17136 Overpaid MV Motor Lease $10.00 1506 New Britain Avenue Farmington, CT 06039 2013-01-16362 Overpaid MV VIN# 1FTNE14W07DA02510 Noss, Brenda $222.52 52 Irving Street Naugatuck, CT 06770 2013-01-17336 c/c 1950 Plate Receipt Parise, Joy $292.87 76 Valley Drive Naugatuck, CT 06770 2013-01-18041 c/c 1618 Ryan, Kimberly $397.38 111 Feldspar Avenue Beacon Falls, CT 06403 2012-01-20768 c/c 1167 B Falls Resident c/c 1167  -11- Minutes – Board of Mayor and Burgesses – Regular Meeting – May 5, 2015 Sandri, Paul $50.03 220 May Street Naugatuck, CT 06770 2013-01-21215 Overpaid MV Snyder, Norene $71.27 13 Bird Road Naugatuck, CT 06770 2013-01-22672 c/c 1385 Sold 12/14 Spino, Robert $1,791.38 276 City Hill Street Naugatuck, CT 06770 2013-07-788036 Overpaid Real Stours, Mark $36.30 126 Charlestown Meadow Drive Westborough, MA 01581 2013-01-23226 c/c 1226 MV traded 7/14 Tarnowicz, Lisa $312.49 180 Beacon Manor Road Naugatuck, CT 06770 2013-03-64807 c/c 1914 Double billed Tavares, Desiree $266.95 110 Fern Street Naugatuck, CT 06770 2013-01-23638 c/c 1559 Receipt 4/14 Terence, Bruce $9.01 190 Auburn Street Naugatuck, CT 06770 2013-01-23786 Overpaid MV Vault Trust $333.48 Ally Financial Louisville PPC P.O. Box 9001951 Louisville, KY 40290-1951 2010-02-4518 Vets Exempt c/c 1002 2011-01-24853 Vets Exempt c/c 1003 2012-01-24641 Vets Exempt c/c 1004 Walker, Leon $596.11 229 Bishop Street 1st FL Waterbury, CT 06704 2010-01-25687 c/c 1883 2011-01-25264 c/c 1884 2012-01-25069 c/c 1885 2013-01-25176 c/c 1886  -12- Minutes – Board of Mayor and Burgesses Regular Meeting – May 5, 2015 Ward, Robert $97.11 180 Heritage Drive Naugatuck, CT 06770 2013-01-25286 Overpaid 23. Public Comment – None 24. Burgess Comments/Sub-Committee Reports Deputy Mayor Rossi reported the Fire Department responded to 100 incidents in April. They held a recognition ceremony on April 18th. The Juvenile Review Board is extremely active. The Deputy Mayor encouraged everyone to attend the Memorial Day events and wished everyone a Happy Memorial Day. She congratulated the students inducted into the National Honor Society. Burgess Jackson said the Borough Music Festival will be held Friday at Pomperaug High School. 25. VOTED: Unanimously on a motion by Deputy Mayor Rossi and seconded by Burgess Scully to adjourn the meeting at 8:05 p.m. A digital recording of this meeting is available in the office of the Borough Clerk for further review. Attest: Nancy K. DiMeo Borough Clerk