Board of Mayor and Burgesses

MINUTES REGULAR MEETING BOARD OF MAYOR AND BURGESSES JANUARY 3, 2017 1. Mayor “Pete” Hess called the regular meeting to order at 6:03 p.m. with the following in attendance: BURGESSES: PRESS: R. Neth L. Jackson L. Marshall R. Burns P. Scully, Sr. K. Donovan R. Vitale RESIDENTS: C. Herb D. Wisniewski One D. Hoff DEPARTMENT HEADS: J. Bernegger, Deputy Police Chief E. Murray, Fire Chief J. Lawlor, Human Resources Director R. Butler, Jr., Controller C. A. Tyler, Assessor OTHERS: M. Davis, Inland Wetlands Commission A. Perillo, Attorney A. Burkitt, Advanced Energy Efficiencies LLC G. Hale, Attorney D. Sheridan, Board of Finance 2. Burgess Hoff led in the Pledge of Allegiance to the flag. 3. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses approve the monthly reports of December. Each member received copies for review. 4. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully to recess to Executive Session at 6:05 p.m. for discussion on the following: Personnel (Deputy Fire Chief), Real Estate Negotiations (Union City Road, Rubber Avenue, T-Mobile Cell Tower) and Pending Litigation (Heart and Hypertension Claim) inviting in Fire Chief E. Murray, Controller R. Butler, Jr. and Human Resources Director J. Lawlor. Mayor Hess reconvened the meeting at 7:26 p.m. 5. There were no matters emanating from Executive Session. 6. Public Comment – None 7. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses approve the appointment of Matthew A. McColl (R), 57 Wildwood Circle, Naugatuck, CT 06770 as an alternate member of the Golf Commission, filling the expired term of B. Wright, term to expire January 1, 2020.  -2- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 8. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses approve the appointment of Daniel Sheridan, Jr., 32 General Dalton Drive, Naugatuck, CT 06770 as the Board of Finance member on the Non Union Salary Review Board, filling the term of A. Pistarelli. 9. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Jackson that the Board of Mayor and Burgesses add to the agenda three motions to reappoint members to the Inland Wetlands Commission. 10. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses approve the reappointment of Mary Davis (D), 180 Donovan Road, Naugatuck, CT 06770 as a regular member of the Inland Wetlands Commission, term to expire January 1, 2021. 11. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses approve the reappointment of Carlos S. Batista (R), 39 Visconti Drive, Naugatuck, CT 06770 as a regular member of the Inland Wetlands Commission, term to expire January 1, 2021. 12. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses approve the reappointment of Jeffrey S. Litke (R), 73 Bird Road, Naugatuck, CT 06770 as an alternate member of the Inland Wetlands Commission, term to expire January 1, 2021. 13. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses add to the agenda a motion to appoint a member to the Fire Commission. 14. Mayor Hess appointed Raymond Savoy (R), 1081 New Haven Road 2A, Naugatuck, CT 06770 as a regular member of the Fire Commission, filling the unexpired term of T. Ryan, term to expire May 1, 2017. 15. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses add to the agenda a motion authorizing the mayor to sign an Addendum to the Local EMS Plan as required by the state. 16. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses authorize Mayor “Pete” Hess to sign an Addendum to the Local EMS Plan. Said Addendum certifies to the Commissioner of Public Health that all three first responders of the Borough of Naugatuck, Naugatuck Ambulance, Naugatuck Police  -3- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 Department and Naugatuck Fire Department, are certified to administer the opioid antagonist, Narcan. Connecticut Public Act 16-43 Section 1. 17. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses eliminate the 2016 Grand List Year 10% Additional Benefit of the State of Connecticut Circuit Breaker Program as recommended by Assessor Carol Ann Tyler. 18. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses authorize Mayor Hess to sign all contracts and related documents for an agreement with Doosan Fuel Cell America, Inc. relating to three fuel cells at the Wastewater Treatment Plant. 19. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses authorize Mayor Hess to sign an easement agreement with Eversource to provide natural gas to the Wastewater Treatment Plant. 20. Motion by Burgess that the Board of Mayor and Burgesses repeal Section 13-6 – Noise and create a new Section 13-6 – Reserved and adopt Ordinance #129 – Noise Ordinance hereby creating a new Article V, Noise, §§ 13-75 – 13-85 in Chapter 13, Offenses and Miscellaneous Provisions of the Code of Ordinances of the Borough of Naugatuck, Connecticut, which reads as follows, as if read: Ordinance #129 Noise Ordinance Sec. 13-75. Purpose. The purpose of this section is to carry out and effectuate the public policy of the State of Connecticut, the Federal Government, and the Borough of Naugatuck concerning the regulation of those activities causing measurably excessive noise and noise disturbance within the Borough of Naugatuck. This Ordinance is to protect the safety, health and general welfare of all its citizens as the people have a right to and should be ensured an environment free from excessive noise which may jeopardize their general welfare and quality of life. Sec. 13-76. Definitions. 1. Residential Zone. Single Family residence zones and multifamily residence zones, as defined by the zoning regulations of the Borough of Naugatuck, and all uses associated therewith, either permitted as of right or as specially excepted uses. 2. Commercial Zone: General commercial zones, light commercial zones, neighborhood commercial zones, all as defined in the zoning regulations of the Borough of 3. Naugatuck, and all uses associated therewith, either permitted as of right or as specially excepted uses.  -4- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 4. Industrial Zone. Industrial district, as defined by the zoning regulations of the Borough of Naugatuck 5. Impulse Noise. Sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. 6. Daytime hours. Hours between 7:00 AM to 10:00 PM, Monday through Saturday, and the hours of 9:00 AM to 10:00 PM on Sundays. 7. Nighttime hours: All other hours not listed above are nighttime hours. 8. Decibel. A logarithmic unit of measurement used in measuring the magnitude of sound. The symbol is dB. 9. Motor Vehicle. Defined as per section 14-1 of the Connecticut General Statutes. 10. Noise. Any excessive sound or disturbance, the intensity of which exceeds the standards set forth in Paragraph 8 of this section. 11. Noise Level. The sound pressure level in decibels as measured with a sound level meter using the A-weighing network. The level so read is designated dB(a) or dBA. 12. Person. Any individual, firm, partnership, association, syndicate, company, trust, corporation, agency, or administrative subdivision of the state or other legal entity of any kind. 13. Premises. Any building, structure, land or portion thereof, including all appurtenances, and shall include yards, lots, courts, inner yards and real properties without buildings or improvements owned or controlled by a person. 14. Property Line. That real or imaginary line along the ground surface and its vertical extension which separates real property owned or controlled by any person from contiguous real property owned or controlled by another person, and separates real property from the public right of way. 15. Sound. A transmission of energy through solid, liquid or gaseous media in the form of vibrations which constitute alterations in pressure or position of the particles in the medium and which in air evoke physiological sensations, including, but not limited to, an auditory response when impinging on the ear. 16. Sound Level Meter. An instrument to take sound level measurements and which should conform, as a minimum, to the operational specifications of the American National Standards Institute for sound level meters. 17. Domestic Power Equipment. Equipment including, but not limited to, power saws, snow removal equipment, drills, grinders, lawn and garden tools and other domestic power equipment intended for use in residential areas by a possessor of land. 18. Construction. Any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or of private rights of way, structures, utilities or similar property. 19. Emergency Work. Any work made necessary to restore property to a safe condition following an emergency, or work required to protect persons or property from exposure to imminent danger. 20. Muffler. A device for abating sounds such as escaping gases. Sec. 13-77. General Prohibition. It shall be unlawful for any person within the Borough of Naugatuck to emit or cause any noise beyond the boundaries of his/her premises in excess of the noise levels established in these regulations.  -5- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 Sec. 13-78. Exemptions. The following shall be exempt from these regulations. 1. Construction Equipment which is operated during daytime hours and has all proper permits/licenses/authorization from the appropriate office at the Borough of Naugatuck or State of Connecticut; 2. Noise created as a result of, or relating to an emergency; 3. Noise from domestic power equipment such as, but not limited to, power saws, sanders, grinders, lawn and garden tools or similar devices operated in daytime hours; 4. Noise from snow removal equipment, provided equipment is maintained in good repair and exhaust is adequately muffled; 5. Noise created by any religious, governmental, educational or recreational activities permitted by law or for which a lease, license, or permit has been granted by the Borough, including but not limited to outdoor evangelistic meetings, parades, sporting events, concerts, and fireworks displays; 6. Noise generated by transmission facilities, distribution facilities and substations of public utilities providing electric power, telephone, cable television or other similar services and located on property which is not owned by the public utility and which may or may not be within utility easements. 7. Natural noise, without amplification, made by humans is not considered a violation, unless it is made to intentionally interfere with another person’s enjoyment of property. Sec. 13-79. Motor Vehicle Noise. 1. All motor and recreational vehicles operated within the limits of the Borough of Naugatuck shall be subject to noise standards and decibel levels as found in C.G.S. Title 14, § 14-80a. 2. No motor or recreational vehicle shall emit noise in excess of the noise levels as specified in Section 8 of this Ordinance. Sec. 13-80. Enforcement. 1. The Naugatuck Police Department shall be responsible for investigating complaints of noise violations. 2. Any person aggrieved by an act constituting a violation of this chapter may complain to the police department who shall enforce this chapter. 3. The police are also authorized to enforce this chapter without any such complaint. Sec. 13-81. Inspections and Sound Measuring Procedures. For the purpose of determining compliance with the provisions of this chapter, the following guidelines shall be applicable: 1. All personnel conducting sound measurements shall be trained in the current techniques and principles of sound measuring equipment and instrumentation. 2. Instruments used to determine sound level measurements shall conform to the sound level meters as defined by this Ordinance. 3. The general steps listed below shall be followed when preparing to take sound level measurements:  -6- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 a. The instrument manufacturer’s instructions for the preparation and use of the instrument shall be followed. b. The sounds level meter shall be calibrated before and after each set of measurements. c. The sound level meter shall be placed at an angle to the sound source as specified by the manufacturer’s instructions and at least four feet above the ground. d. Measurements shall be taken and documented at a point that is located approximately one foot beyond the boundary of the emitter’s premises. The emitter’s premises include his/her individual unit of land or group of contiguous parcels under the same ownership as indicated by public land records. 4. In the absence of a sound level meter, noise will be plainly audible when noise can be heard at a distance of one hundred (100) feet from its source, by a person of normal hearing. Sec. 13-82. Noise Levels. 1. No person in a residential zone shall emit noise beyond the boundaries of his/her premises exceeding the levels stated herein and applicable to adjacent residential, commercial or industrial zones: Emitter’s Zone: Residential Receptor’s Zone: Industrial- 62 dBA Receptor’s Zone- Commercial- 55 dBA Receptor’s Zone- Residential/day- 55 dBA Receptor’s Zone- Residential/night- 45 dBA 2. No person in a commercial zone shall emit noise beyond the boundaries of his/her premises exceeding the levels stated herein and applicable to adjacent residential, commercial or industrial zones: Emitter’s Zone: Commercial Receptor’s Zone: Industrial- 62dBA Receptor’s Zone- Commercial- 62 dBA Receptor’s Zone- Residential/day- 55 dBA Receptor’s Zone- Residential/night- 45 dBA 3. No person in an industrial zone shall emit noise beyond the boundary of his/her premises exceeding the levels stated herein and applicable to adjacent residential, commercial or industrial zones: Emitter’s Zone: Industrial Receptor’s Zone: Industrial- 70dBA Receptor’s Zone- Commercial- 66 dBA Receptor’s Zone- Residential/day- 61 dBA Receptor’s Zone- Residential/night- 51 dBA 4. In the absence of a sound level meter, any noise plainly audible pursuant to subsection 7-d of this Chapter constitutes prima facie evidence of a violation of this section. Sec. 13-83. Waiver. Any person can apply to the Naugatuck Police Department for a temporary waiver of Section 8 of this Ordinance, which can be found on the NPD website www.naugatuckpd.org. All waiver applications must be posted by the applicant in the  -7- Minutes – Board of Mayor and Burgesses Regular Meeting – January 3, 2017 Town Clerk’s office located on the 2nd floor at 229 Church Street, Naugatuck, Connecticut at least seventy-two (72) hours prior to the event. Sec. 13-84. Enforcement and Penalties. 1. No person shall violate or cause the violation of the provisions of this chapter. 2. Any person in violation of the provisions of this chapter shall be fined $100.00 for the initial violation. 3. For each initial violation, a $100.00 fine will be imposed. For a subsequent violation at the same premises, a $250.00 fine will be imposed. Motion tabled. 21. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully that the Board of Mayor and Burgesses lease capital equipment with the firm First American Education Financing in the amount of $271,690 over a three year period at 1.78%. 22. VOTED: Unanimously on a motion by Deputy Mayor Neth 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: Aviles, Wilson $29.49 117 Golden Hill Street Ext. Naugatuck, CT 06770 2015-03-0511147 Overpaid Bush, Renee $80.24 153 Court D Building 36 Bridgeport, CT 06770 2014-03-0003288 Overpaid Carrington, Lauren $187.22 40 Hampton Road Waterbury, CT 06708 2015-03-0513882 Overpaid Cherhoniak, Mark $33.15 26 Hillcrest Avenue Naugatuck, CT 06770 2015-03-0514363 Overpaid Como, Matthew $157.20 30 Gorman Street Naugatuck, CT 06770 2015-03-0514799 Overpaid  -8- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 Earnshaw, Gerald and Marisa $38.63 24 Round Hill Road Naugatuck, CT 06770 2015-03-0517262 Overpaid Fancher, Frank or Carolyn $74.26 19 Phyllis Drive Naugatuck, CT 06770 2015-03-0517673 Overpaid Gallo, Michael J. $4.44 101 Elmwood Drive Cheshire, CT 06410 2015-03-0518697 Overpaid Gallo, Michael J. $101.75 101 Elmwood Drive Cheshire, CT 06410 2015-03-0518698 Overpaid Galluzzi, Michael $8.07 15 Celentano Drive Naugatuck, CT 06770 2015-03-0518703 Overpaid Gelinas, David M. $154.66 P.O. Box 283 Naugatuck, CT 06770 2015-03-0518948 Overpaid Hackett, Paul R., Jr. $125.06 85 Yeaton Street Waterbury, CT 06708 2015-03-0519873 Overpaid Jacques, Gary $202.02 33 Hillview Street Naugatuck, CT 06770 2015-03-0521437 Overpaid 2015-03-0521439 Overpaid Kane, Brian G. $9.25 1299 New Haven Road Naugatuck, CT 06770 2015-03-0521991 Overpaid Kelly, Marie A. $4.59 1081 New Haven Road Apt 7H Naugatuck, CT 06770 2015-03-0522163 Overpaid  -9- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 Kobylenski, Zigmund and Helen $199.22 46 Morris Street Naugatuck, CT 06770 2013-01-0060305 Overpaid Kobylenski, Zigmund and Helen $205.08 46 Morris Street Naugatuck, CT 06770 2013-01-0060133 Overpaid Kohl, Herman J. and Elisabeth $30.71 124 Park Avenue Naugatuck, CT 06770 2015-03-0522464 Overpaid Kowalchick, Cecelia $10.00 59 Phyllis Drive Naugatuck, CT 06770 2015-03-0522562 Overpaid Lamb, Scott and Anne Marie $1,274.15 11 Coachlight Circle Prospect, CT 06712 2014-01-0040595 Overpaid Lima, Ronaldo W. $37.92 87 Oak Street Naugatuck, CT 06770 2015-03-0523477 Mackenzie, Sally $20.15 17021 Up River Drive Unit 122 North Meyers, FL 33917 2014-03-14198 Overpaid Martins, Jose P $37.00 27 Ruela Drive Naugatuck, CT 0670 2015-03-0524742 McCabe, Thomas $166.50 68 Hackett Street Naugatuck, CT 06770 2015-03-0525055 Overpaid McCullough, Janice W. $37.07 129 Hill Street Ext. Naugatuck, CT 06770 2015-03-0525109 Overpaid  -10- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 McGrath, James and Rosemarie $39.29 121 Hilltop Road Naugatuck, CT 06770 2015-03-0525177 Overpaid Melo, Carla $244.20 391 High Street Naugatuck, CT 06770 2015-03-0525414 Overpaid Moore, Adrienne $7.84 41 Manitook Drive Oxford, CT 06473 2015-03-0526016 Overpaid Neal, James $33.38 11 S Somerset Avenue Crisfield, MD 21817 2015-03-0526681 Overpaid O’Connor, Tina $50.87 112 Ruela Drive Naugatuck, CT 06770 2015-03-0527363 Overpaid Parise, Frank $21.53 76 Valley Drive Naugatuck, CT 06770 2015-03-0527964 Overpaid Pen, Theany $47.40 18390 Burkholder Circle Port Charlotte, FL 33948 2015-03-0528220 Overpaid Perta, Dorothy $280.31 85 Country Hill Road Naugatuck, CT 06770 2015-03-0528390 Overpaid Pita, Ezio $12.03 197 Spencer Street Naugatuck, CT 06770 2015-03-0528761 Overpaid Reid, Daniel J. $245.50 40 Hampton Road Waterbury, CT 06708 2015-03-0529660 Overpaid  -11- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 Roxbury, William J., Jr. $6.14 15 Hemlock Road Naugatuck, CT 06770 2015-03-0530552 Overpaid Schulz-Vendrella, Erika and Vendrella, John $63.12 93 Spencer Street Naugatuck, CT 06770 2015-03-0531639 Shepack, Diane V. $13.06 15 Round Hill Circle Naugatuck, CT 06770 2015-03-0532002 Overpaid Swiderski, Lauretta A. $38.18 102 Graham Ridge Road Naugatuck, CT 06770 2015-03-0533223 Overpaid Toth, John $182.19 36 Geraldine Drive Naugatuck, CT 06770 2015-03-0533880 Overpaid Trombetta, Joseph J. $75.11 66 Lantern Park Drive Unit 3 Naugatuck, CT 06770 2015-03-0534151 Overpaid Tuga Construction LLC $64.49 61 Olive Street Naugatuck, CT 06770 2015-03-0534201 Overpaid Walsh, Gregory $2.21 6 Fairview Avenue #1 Naugatuck, CT 06770 2015-03-0535001 Overpaid Warren, Gary L., Jr. $158.99 29 Hunt Avenue Pearl River, NY 19065 2015-03-0535089 Overpaid Warren, Jennifer $165.65 29 Hunt Avenue Pearl River, NY 10965 2015-03-0535095 Overpaid  -12- Minutes – Board of Mayor and Burgesses – Regular Meeting – January 3, 2017 Watkins, Janine $169.41 149 Stone Fence Road Naugatuck, CT 06770 2015-03-0535141 Overpaid Wells Fargo $27.40 1 Home Campus Desmoines, Iowa 50328 2015-01-0048307 Overpaid Wells Fargo $31.50 1 Home Campus Des Moines, IA 50328 2015-01-0050697 Overpaid Wilson, Ryan $207.94 53 Spruce Drive Naugatuck, CT 06770 2015-03-0535518 Overpaid Wingard, Laurie $24.79 17 Lincoln Street Naugatuck, CT 06770 2015-03-0535532 Overpaid Zeoli, Robert $2.00 114 Hill Street Ext. Naugatuck, CT 06770 2015-03-0535942 Overpaid 23. Public Comment – Agenda Items – None 24. VOTED: Unanimously on a motion by Deputy Mayor Neth and seconded by Burgess Scully to reenter Executive Session at 7:50 p.m. for discussion of the same items inviting in Controller R. Butler, Jr. Mayor Hess reconvened the meeting at 8:30 p.m. 25. There were no matters emanating from Executive Session. 26. VOTED: Unanimously on a motion by Burgess Scully and seconded by Burgess Hoff to adjourn the meeting at 8:31 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