Board of Mayor and Burgesses

MINUTES REGULAR MEETING BOARD OF MAYOR AND BURGESSES FEBRUARY 2, 2021 Due to the COVID-19 Pandemic, the Board of Mayor and Burgesses is practicing social distancing. The meeting was held by Zoom Webinar, a remote video conferencing platform, and by phone. 1. Mayor “Pete” Hess called the regular meeting to order at 7:03 p.m. with the following in attendance: BURGESSES: PRESS: L. Taf Jackson C. Marenghi A. Yilma M. Bronko J. Mizeski F. Dambowsky R. Neth RESIDENTS: J. DeOliveira R. Vitale Unable to determine due to the format C. Herb DEPARTMENT HEADS: OTHERS: A. Bruce, Controller K. Hanks, Board of Finance J. Kallipolites, IT Director E. Fitzpatrick, Borough Attorney J. Stewart, Public Works Director D. Sheridan, Board of Finance Chairman S. Jackson, Deputy Assessor G. O’Connor, Pullman & Comley Attorney 2. Deputy Mayor Taf Jackson led in the Pledge of Allegiance to the flag. 3. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses approve the minutes of the regular meeting of January 5, 2020. Each member received a copy for review. 4. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses approve the monthly reports of January. Each member received copies for review. 5. Mayor Hess gave an update on the COVID-19 Vaccine Clinic and Social Media Comment Investigations. COVID-19 Vaccine Clinic Mayor Hess complimented the employees of the street, park, police, fire and information technology departments for getting the COVID-19 Vaccine Clinic up and running in less than a week’s notice. Eighty vaccines will be administered per day this week at the clinic. The problem we are experiencing is a shortage of vaccines. The borough is working with Beacon Falls on our vaccination plan. Waterbury Hospital has a nurse and pharmacist on site. Four administrators stand outdoors to register people. There will soon be a dedicated phone number for Naugatuck residents to call and register. We are paying the administrators $20 an hour. The people administering the vaccines are being paid $30 an hour. FEMA will reimburse the borough for expenses incurred.  -2- Minutes – Board of Mayor and Burgesses – Regular Meeting – February 2, 2021 Social Media Comment Investigations Mayor Hess said on January 22, 2021 it became known there were horrific words on social media. Four investigations and reviews are looking into the social media comments. The NAACP is doing a review and an investigation. The mayor has met with the NAACP and has supplied them with answers to their questions. They are interviewing people and will meet again with the mayor next week. The Board of Education is performing their own investigation separate from the borough. On the borough side, we have a relationship with the law firm Karsten & Tallberg who specializes in police matters. Attorney James Tallberg is working with the town and with the police commission to do a complete review of all of our policies, the background and a very thorough review of the situation. Karsten & Tallberg represented the borough in the past on other police cases unrelated to racial issues. Therefore, the borough has hired Attorney Paul Tagatac of the law firm Michelson, Kane, Royster and Barger to perform a thoroughly independent investigation. This law firm has no connection to the Borough of Naugatuck. Mayor Hess anticipates all investigations will be completed by the end of February. He said the borough would evaluate the investigations and decide where to go next. 6. Public Comment – Open Topic Two members of the public spoke against the proposed development of 0 Prospect Street and the land use commission process. Appreciated the breakdown on the investigations into the social media comments. 7. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses approve the reappointment of Katherine Carten, 23 Coventry Lane, Naugatuck, CT 06770 as a member of the Saunders Trust Advisory Committee, term to expire January 1, 2023. 8. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses approve the reappointment of Sandra Heller, 29 Coventry Lane, Naugatuck, CT 06770 as a member of the Saunders Trust Advisory Board, term to expire January 1, 2023. 9. Public Works Director James Stewart gave a presentation on the MIRA SMART Demonstration Project. Mr. Stewart said he was approached by Waste Zero which is a company hired by DEEP. The cost for Municipal Solid Waste (MSW) is increasing to $118 a ton. It is currently $90 a ton. MIRA (Materials Innovation and Recycling Authority) is proposing to shut down their plant. MIRA is currently under contract with the borough for $770,000 annually to dispose of trash. Waste Zero is suggesting residents participate in the SMART Program (Save Money and Reduce Trash Program) by buying special garbage bags and putting those in their trash receptacles. It will reduce the cost to the borough by 40% to 60%. Under the SMART Program proposal, municipalities in Massachusetts have seen a reduction in waste because people are recycling more instead of throwing it in their trash. Mr. Stewart said the cost of 33 gallon trash bags are $2 to $2.25 per bag and $1.25 to $1.50 per 15 gallon trash bags.  -3- Minutes – Board of Mayor and Burgesses – Regular Meeting – February 2, 2021 10. Update on pension investments by Michael Goss, DiMeo Schneider & Associates LLC. Tabled to the Joint Boards meeting. 11. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses refer the transfer of property owned by the Borough of Naugatuck at 258 Rubber Avenue to the Planning Commission for a report pursuant to Section 8-24 of the Connecticut General Statutes. 12. The Crestwood Drive Watermain Extension and Assessment Project will need an ordinance to proceed. Attorney Edward Fitzpatrick drafted an ordinance. He said the purpose of the ordinance is to ensure the Borough of Naugatuck is authorized to do watermain installations and that the borough does not incur any long term costs. An issue of concern are laterals installed to each lot but not hooked up to the residence. Dead laterals can pose a possible health issue. The proposed ordinance will go to a public hearing in March and then for adoption by the board. 13. Mayor Hess said there has been a state program called the Enterprise Zone/Enterprise Corridor Zone where tax benefits were given to property owners over a five year period. The property owners would get incentives and the state used to supplement and reimburse the borough for the revenue that was lost. A few years ago, the state stopped funding the program. A tax incentive ordinance was adopted by the borough several years ago but has never been utilized. Attorney Gary O’Connor drafted a new Tax Incentive Policy and Ordinance that revokes the existing ordinance. The old ordinance has inconsistencies with state statutes and a very inflexible grid of benefits that can be received. Attorney O’Connor said a tax incentive policy is a tool municipalities are using throughout the state. A town needs to be competitive by offering flexible tax incentive plans; one that allows for the maximum flexibility to offer a ten year period. This policy would apply to prospective companies, not existing companies, to entice those companies to locate and build or expand in the borough. Deputy Assessor Shelby Jackson said this program encourages new businesses to come into town and it allows the town to fix their assessment. The proposed ordinance will go to a public hearing in March and then for adoption by the board. 14. Motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses adopt the following resolution authorizing the issuance of refunding bonds for payment of the outstanding principal of, interest and any call premium on certain of the borough’s general obligation bonds and costs related thereto; as if read: RESOLVED, (a) That the Borough of Naugatuck (the “Borough”) issue its refunding bonds, in an amount not to exceed FIFTEEN MILLION DOLLARS ($15,000,000) (the “Refunding Bonds”), the proceeds of which are hereby appropriated: (1) to fund one or more escrows, and to apply the balance held in such escrows, together with the investment earnings thereon, to the payment in whole or in part, as to be determined by the Mayor and  -4- Minutes – Board of Mayor and Burgesses Regular Meeting – February 2, 2021 Treasurer, of the outstanding principal of and interest and any call premium on all or any portion of one or more series of the Borough’s outstanding general obligation bonds, including, but not limited to, the Borough’s General Obligation Bonds, Issue of 2015 (the “Prior Bonds”), including the payment of interest accrued on the Prior Bonds to the date of payment and (2) to pay costs of issuance of the Refunding Bonds authorized hereby, including, but not limited to, legal fees, consultants’ fees, trustee or escrow agent fees, credit enhancement fees, underwriters’ or purchaser fees, interest and other financing costs and other costs related to the payment of the Prior Bonds described above. The Refunding Bonds shall be issued pursuant to the General Statutes of Connecticut, as amended, and any other enabling acts. The Refunding Bonds shall be general obligations of the Borough secured by the irrevocable pledge of the full faith and credit of the Borough. (b) That the Mayor and the Treasurer shall sign the Refunding Bonds by their manual or facsimile signatures. The Mayor and the Treasurer are authorized to determine which of the Prior Bonds are to be redeemed and the amount, date, interest rates, interest mode maturities, redemption provisions, form and other details of the Refunding Bonds; to designate one or more banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the Refunding Bonds and escrow agent with respect to the refunding escrow or escrows to be funded with proceeds of the Refunding Bonds; to provide for the keeping of a record of the Refunding Bonds; to sell the Refunding Bonds at public or private sale or by direct placement; to deliver the Refunding Bonds; and to perform all other acts which are necessary or appropriate to issue the Refunding Bonds. (c) That the Mayor and the Treasurer are authorized to call irrevocably for redemption such of the maturities of the Prior Bonds, as they shall determine to refund from the proceeds of the Refunding Bonds and other moneys as they may determine to make available for this purpose and to defease such Prior Bonds by executing and delivering an escrow agreement in such form and upon such terms as they shall approve, such approval to be conclusively evidenced by their execution thereof. (d) That the Mayor is authorized to make representations and enter into written agreements for the benefit of holders of the Refunding Bonds to provide secondary market disclosure information, which agreements may include such terms as he deems advisable or appropriate in order to comply with applicable laws or rules pertaining to the sale or purchase of such Refunding Bonds. (e) That the Mayor is hereby authorized if he determines it is in the Borough’s best interest, to acquire, on behalf of the Borough, bond insurance or other forms of credit enhancement guaranteeing the Refunding Bonds on such terms as the Mayor determines to be appropriate, such terms to include, but not be limited to, those relating to fees, premiums and other costs and expenses incurred in connection with such credit enhancement, the terms of payment of such expenses and costs and such other undertakings as the issuer of the credit enhancement shall require; and the Mayor and the Treasurer, if they determine that it is appropriate, are authorized, on the Borough’s behalf, to grant security to the issuer of the credit enhancement to secure the Borough’s  -5- Minutes – Board of Mayor and Burgesses Regular Meeting – February 2, 2021 obligations arising under the credit enhancement, including the establishment of a reserve from the proceeds of the Refunding Bonds. (f) That the Mayor, the Treasurer, the Controller and other proper officers of the Borough, or any one of them, are authorized to take all other action which is necessary or desirable to enable the Borough to effectuate the refunding of all or a portion of the Prior Bonds and to issue Refunding Bonds authorized hereby for such purposes, including, but not limited to, the entrance into agreements on behalf of the Borough with underwriters, purchaser, trustees, escrow agents, bond insurers, and others to facilitate the issuance of the Refunding Bonds, the escrow of the proceeds thereof and investment earnings thereon, the payment of the Prior Bonds in whole or in part. (g) The Mayor and the Treasurer are authorized, upon the advice of bond counsel, to issue all or any portion of the Refunding Bonds as bonds the interest on which is includable in the gross income of the owners thereof for federal income tax purposes, and it is hereby found and determined that the issuance of any such bonds is in the public interest. ROLL CALL VOTE: FOR OPPOSE ABSTAIN Mayor N.W. Hess C. Herb None None L. Taf Jackson C. Marenghi M. Bronko J. Mizeski F. Dambowsky R. Neth J. DeOliveira R. Vitale Motion carried 10-0-0 15. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses authorize Controller Allyson W. Bruce to refund the following tax refunds approved by Tax Collector James Goggin; as if read: Bill Name Address City/State/Zip Over Paid 2017-03-0058975 GELINAS, AIMEE 29 GENERAL PATTON DR. NAUGATUCK, CT 06770 -181.35 2017-03-0073697 TOYOTA LEASE TRUST 3200 W RAY ROAD CHANDLER, AZ 85226 -573.30 2018-03-0057271 EAN HOLDINGS LLC 14002 E 21ST ST STE 1500 TULSA, OK 74134 -501.76 2018-03-0057311 EAN HOLDINGS LLC 14002 E 21ST ST STE 1500 TULSA, OK 74134 -330.40 2018-03-0058951 KALINOSKY, AIMEE 111 WOOSTER ST. 5E NAUGATUCK, CT 06770 -155.25 2018-03-0058952 KALINOSKY, AIMEE 111 WOOSTER ST. 5E NAUGATUCK, CT 06770 -222.75 2018-03-0059335 GONZAGA, CARLOS 224 BLUEBIRD DRIVE NAUGATUCK, CT 06770 -13.09 2018-03-0062216 KELLY, MORGAN A. 561 N CHURCH STREET NAUGATUCK, CT 06770 -264.51 2018-03-0067436 OROURKE, MARGARET 10 LINES HILL STREET NAUGATUCK, CT 06770 -44.01 2018-03-0070606 RYDER TRUCK RENTAL, INC. 99 MURPHY ROAD HARTFORD, CT 06114 -210.72 2018-03-0070627 RYDER TRUCK RENTAL LT 99 MURPHY ROAD HARTFORD, CT 06114 -55.02 2018-03-0074834 WELLS, LAWRENCE A., JR 15 MAPLE LANE SHELTON, CT 06484 -279.45  -6- Minutes – Board of Mayor and Burgesses Regular Meeting – February 2, 2021 2019-01-0002957 DONOVAN, KATHLEEN L. 41 WOODLAND STREET NAUGATUCK, CT 06770 -6,100.32 2019-01-0003638 FRAME, DOUGLAS F. + JOYCE K. 7265 EAST AURORA SCOTTSDALE, AZ 85266 -1,412.41 2019-03-0050053 ACAR LEASING LTD 4001 EMBARCADERO DR. ARLINGTON, TX 76014 -434.83 2019-03-0050105 ACAR LEASING LTD 4001 EMBARCADERO DR. ARLINGTON, TX 76014 -988.10 2019-03-0050161 ACAR LEASING LTD 4001 EMBARCADERO DR. ARLINGTON, TX 76014 -79.38 2019-03-0055771 DANG, TINA 1073 MAY STREET NAUGATUCK, CT 06770 -72.23 2019-03-0057033 DUPREY, JOHN T. 8 MICHELLE LANE NAUGATUCK, CT 06770 -388.36 2019-03-0057113 EAN HOLDINGS LLC 14002 E 21ST ST STE 1500 TULSA, OK 74134 -1,016.56 2019-03-0057121 EAN HOLDINGS LLC 14002 E 21ST ST STE 1500 TULSA, OK 74134 -451.36 2019-03-0057139 EAN HOLDINGS LLC 14002 E 21ST ST STE 1500 TULSA, OK 74134 -398.70 2019-03-0058546 GALESKI, CLARA 70 BOWMAN DRIVE NAUGATUCK, CT 06770 -355.10 2019-03-0061181 INZITARI, GARY L. 78 WOODBINE STREET NAUGATUCK, CT 06770 -19.35 2019-03-0062285 KIRDZIK, LYNN M. 51 BEACON MANOR RD. NAUGATUCK, CT 06770 -308.03 2019-03-0063637 LOUIS, RICARDEAU 119 RADNOR AVENUE NAUGATUCK, CT 06770 -413.61 2019-03-0063999 MAGAS, MARK S. 172 MEADOW STREET NAUGATUCK, CT 06770 -101.17 2019-03-0064016 MAGNARELLA, ALBERT V. 59 RAMSEY AVENUE NAUGATUCK, CT 06770 -84.42 2019-03-0064814 MCBETH, PATSY A. 206 SPRING ST. APT 3 NAUGATUCK, CT 06770 -70.20 2019-03-0065189 MELLO, KENNETH A. 166 BEACON MANOR RD. NAUGATUCK, CT 06770 -59.80 2019-03-0067309 OPREA, SEBASTIAN V. 151 ANDREW AVE. APT 83 NAUGATUCK, CT 06770 -62.51 2019-03-0068900 PUTALA, ADRIENNE 207 MEADOW STREET NAUGATUCK, CT 06770 -206.78 2019-03-0073462 TOYOTA LEASE TRUST 3200 W RAY ROAD CHANDLER, AZ 85226 -505.30 2019-03-0073562 TOYOTA LEASE TRUST 3200 W RAY ROAD CHANDLER, AZ 85226 -217.12 2019-03-0074327 VOLAND, LUCILLE M. 53 CONRAD STREET NAUGATUCK, CT 06770 -18.90 2019-04-0083977 SHERIFF, DINO 477 SPRING ST. APT A NAUGATUCK, CT 06770 -40.10 TOTAL -16636.25 16. Public Comment – None 17. Burgess Comments/Sub-Committee Reports Burgess Vitale reported the Historical Society collaborated with local restaurants in lieu of their annual Savor CT Event. People submit their receipts from restaurants to be put into a drawing for a gift certificate and a year’s membership to the Historical Society. Burgess Marenghi complimented the public works department on the excellent job with the recent snowstorm. Burgess Herb said the Planning Commission sent a negative recommendation to the Zoning Commission regarding the proposed zone change on Bridge Street properties. Burgess Dambowsky thanked all of the departments for their help over the past few months. Burgess Mizeski said the Naugatuck Valley Soup Kitchen now has a board of directors with officers. He thanked Mayor Hess and Burgess Vitale for their assistance. Mayor Hess said they are close to reaching a tentative agreement for the next twenty years for the Wastewater Treatment Plant. Bonding for the plant will be ending in 2022.  -7- Minutes – Board of Mayor and Burgesses Regular Meeting – February 2, 2021 18. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth to recess to Executive Session at 9:08 p.m. for discussion on the following: Real Estate Negotiations (Lot 17 – 0 Graham Ridge Road, Lot 16 – 0 Krodel Road, Sale of Property at Donovan Road/City Hill Street/May Street, 491-501 N. Main Street Tax Assessment Agreement) and Pending Litigation inviting in Attorney Gary O’Connor, Deputy Assessor Shelby Jackson and Naugatuck Economic Development Corporation CEO Ronald Pugliese. Mayor Hess reconvened the meeting at 9:38 p.m. 19. The following motions emanated from Executive Session. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses authorize Mayor Hess to enter into an agreement to sell Lot 17 – 0 Graham Ridge Road as discussed in executive session. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses authorize Mayor Hess to enter into an agreement to sell Lot 16 – 0 Krodel Road as discussed in executive session. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth that the Board of Mayor and Burgesses authorize Mayor Hess to enter into an agreement to sell property at the intersection of Donovan Road/City Hill Street/May Street as discussed in executive session. 20. VOTED: Unanimously on a motion by Deputy Mayor Taf Jackson and seconded by Burgess Neth to adjourn the regular meeting at 9:40 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