City of Derby

Board of Aldermen

First Ward Second Ward Third Ward

Barbara L. DeGennaro Joseph L. DiMartino Carmen T. DiCenso, President

Thomas J. Donofrio Arthur T. Gerckens Peter M. Olenoski, Jr.

Stephen M. Iacuone Ronald M. Sill Tony Staffieri

Board of Alderman Meeting Minutes

Aldermanic Chambers, City Hall

1 Elizabeth Street, Derby, CT

March 31, 2016

1. Call to Order.

Mayor Dugatto called the meeting to order at 7:00 PM.

2. Pledge of Allegiance.

Mayor Dugatto led the Pledge of Allegiance.

A moment of silence was held for former alderman Robert Gabianelli.

3. Roll Call.

Mayor Dugatto requested roll call.

The Board of Aldermen present were Ms. DeGennaro, Mr. Donofrio, Mr. Iacuone, Mr. DiMartino, Mr. Gerckens, Mr. Sill,

Mr. DiCenso, and Mr. Staffieri. Mr. Olenoski arrived at 7:13 PM.

4. Additions, Deletions, Corrections and Adoption of Agenda

Mr. DiCenso moved to change item 8.3.2. to “125-4” and delete item 8.2.6. Mr. Sill seconded and the motion carried.

5. Public Portion

Richard Dziekan spoke about his concerns regarding an advertised event that is to be held at the Hops Company for a

festival from 1pm – 4pm for approximately 1500 people. The flyer stated that parking is limited and they are using

Bradley School for parking and a shuttle service provided.

Mr. DiCenso said that Bradley School is not being used. No further discussion was held.

6. Approval of Minutes

6.1. Regular Full Board Meeting –January 28, 2016

Ms. DeGennaro motioned to approve, Mr. Sill seconded and the motion carried.

6.2. Special Joint Meeting – February 16, 2016

Mr. DiCenso motioned to approve, Ms. DeGennaro seconded. Mr. DiMartino abstained and the motion carried.

6.3. Regular Full Board Meeting – February 25, 2016

Ms. DeGennaro motioned to approve with the correction to item 11.1 should say City of Derby was added not

Board of Aldermen. Mr. Sill seconded and the motion carried.

6.4. Special Meeting – March 8, 2016

Ms. DeGennaro motioned to approve, Mr. Sill seconded and the motion carried.

7. Administrative and Appointments

7.1 Move to approve refund of excess taxes paid through March 11, 2016 in the amount of $1656.64.

Motioned by Mr. DiCenso, seconded by Mr. Staffieri and carried with all in favor.

7.2 Move to fill vacancy on Board of Apportionment and Taxation due to the resignation of Louis Oliwa –

Republic Members vote only.

Mr. Staffieri nominated Mr. Ray Bowers. Mr. Staffieri is the only Republic member; therefore, the nomination was

not opposed and Mr. Bowers was elected to the Board of Apportionment and Taxation.

8. Sub-Committee Reports

8.1. Blight Committee

8.1.1. Move to approve the agreement relative to the blight conditions located at 49 Marshall Lane and

further authorize Mayor Anita Dugatto to execute any and all documents.

Motioned by Mr. DiCenso, seconded by Mr. Sill and carried with all in favor.

8.2. Community Relations

8.2.1. Move to permit the Karlie Mae Foundation for the 4th Annual Ride for Karli benefiting parents with

newborns in the ICU at Yale on Sunday, April 10, 2016, which ride begins at 11:30 am and will arrive

in Derby at approximately 12:30 pm to have reserved parking on the East side of Elizabeth Street

from Thompson Street to Fifth Street from 12:30 pm to 4:30 pm.

Motioned by Mr. Sill, seconded by Mr. Staffieri and the motion carried.

Attorney Welch spoke about the request. He stated that the LTA doesn’t have jurisdiction regarding the

request to reserve those parking spots.

8.2.2. Move to approve the request from Connecticut Bike for Hope to use the Derby Greenway for the

third annual CT Bike for Hope on Saturday, May 21, 2016 from 9:00 am to 1:00 pm subject to the

notification of the police department, fire department and EMS along with providing appropriate

insurance to the City of Derby.

Motioned by Mr. Sill, seconded by Mr. Staffieri and the motion carried with all in favor.

8.2.3. Move to approve the request by the Spooner House to use the Derby Greenway for the 19th Annual

Walk for the Hungry and Homeless on Saturday, May 21, 2016 from 7:00 am to 1:00 pm subject to

the notification of the police department, fire department and EMS along with providing appropriate

insurance to the City of Derby.

Motioned by Mr. Sill, seconded by Mr. Staffieri and the motion carried with all in favor.

8.2.4. Move to approve the vendor license for Thomas Davies of Vivint Solar for door to door solicitation in

accordance with all the requirements of the Derby Code of Ordinances.

Motioned by Mr. Sill, seconded by Mr. Staffieri and the motion carried with all in favor.

8.2.5. Move to approve the application for a vendor license for James Caprio of Jim’s Ice Cream Truck.

Motioned by Mr. Sill, seconded by Mr. Staffieri and the motion carried with all in favor.

8.2.6. Move to approve the request for a street light on pole number 993 located on Eleventh Street.

8.3. Operations & Procedures

8.3.1. Move to approve the amendment to Ordinance Section 172-52 entitled Acts prerequisites to

acceptance of streets by the city as presented.

Motioned by Mr. Gerckens, seconded by Mr. DiMartino and the motion carried with all in favor.

172-52 – Acts prerequisite to acceptance of streets by the city.

Upon completion of the required improvements as set out in this chapter, including the setting of all

monuments, the construction of all roads and the installation of all required drainage facilities, and upon

certification of the same by the City Engineer, and Commissioner of Public Works, in writing and approved

by the Board of Aldermen, the street shall be accepted by the city.

8.3.2. Move to approve the amendment to Ordinance Section 125-4 entitled Occupancy permit required as

presented.

Motioned by Mr. Gerckens, seconded by Mr. DiCenso and the motion carried with all in favor.

Ms. DeGennaro asked if subsection B should also be changed. Section A is being changed to two or more so

subsection B should now say two or less, not three or less.

Attorney Welch suggested that the motion be tabled to provide notice to the public of the change to

subsection B as well.

Mr. Gerckens rescinded his motion and motioned to table. Mr. DiCenso seconded and the motion carried.

8.3.3. Move to approve and accept the $24,800.00 grant to the City of Derby for the connection to the

Nutmeg Network and further authorize Mayor Anita Dugatto to execute any and all documents

necessary regarding said grant award.

Motioned by Mr. Gerckens, seconded by Mr. DiMartino and the motion carried with all in favor.

8.3.4. Move to approve the memorandum of agreement between Northwest Connecticut Public Safety

Communications and the City of Derby along with Frontier Services Agreement and authorize Mayor

Anita Dugatto to execute any and all documents necessary to effectuate the same.

Motioned by Mr. Gerckens, seconded by Mr. DiCenso and the motion carried with all in favor.

Attorney Welch stated that he did receive notice from the police department and that they have no

objection.

8.3.5. Move to approve WPCA clean water fund grant as presented and further that a complete copy of said

resolution shall be printed in the minutes and further to authorize Mayor Anita Dugatto to execute

any and all documents regarding said clean water fund grant.

Motioned by Mr. Gerckens, seconded by Mr. Iacuone and the motion carried with all in favor.

Be it resolved that it is in the best interest of the City of Derby, Water Pollution Control Authority to enter into contracts with the Department of Energy & Environmental Protection. In furtherance of this resolution, Anita Dugatto, the Mayor of the City of Derby and William Boland, the Chairman of the Water Pollution Control Authority are duly authorized to enter into and sign said contracts on the behalf of the City of Derby, Water Pollution Control Authority. Anita Dugatto, The Mayor of the City of Derby and William Boland, the Chairman of the Water Pollution Control Authority are further authorized to provide such additional information and execute such other documents as may be required by the state or federal government in connection with said contracts and to execute any amendments, recissions, and revisions thereto. Be it further resolved that said authorization for all contracts and other documents referred to herein shall be executed by joint and dual signature of Anita Dugatto, the Mayor of the City of Derby and William Boland, the Chairman of the Water Pollution Control Authority. The Town / City Clerk is authorized to impress the seal of the City of Derby on any such document, amendment, rescission or revision.

8.4. Road Bond

8.4.1. No Action Items.

9. Department Reports

9.1. Board of Education

With regard to the field project, Dr. Conway stated that he met with the bonding committee and they asked if the

city had any funding available. The committee suggested a second phase be added to the project to add a grant

that includes city funding. They are looking into grant options and Dr. Conway has brought that information to

the Boards.

9.2. Cultural Commission

No report was received.

9.3. Public Works

Mr. Donofrio asked what time the garbage and recycling company are allowed to start pick-ups. Mr. DeFala said

they aren’t supposed to be in town until 6:00 am. Mr. Donofrio said they are coming before 6. Mr. DeFala said that

he will contact City Carting.

Mr. DeFala also stated that Derby Avenue will be paved starting in May.

9.4. Building Department

Ms. DeGennaro asked Mr. Sarmiento to check into a portable toilets on Mansfield Street.

9.5. Facilities Inspectors

The report was not discussed

9.6. Fire Marshal

Sherman Williams will be opening in the old Town Fair Tire building.

9.7. Fire Department

The report was not discussed.

9.8. Office of Emergency Management

Mr. Steve Sugar introduced himself to the Board. Mr. Olenoski asked how the town would be contacted in an

emergency. He said he believes there is an alert system through the police. LT Frosceno said the police

department is contracted with the state using the Everbridge system.

9.9. Parking Division

No one will be working the gate on Saturdays. Parking is available at no cost. This is due to the fact that the city

was spending more to man the gate than they were receiving in parking fees. Special events will have special

hours.

9.10. Police Department

No report was received.

9.11. Water Pollution Control Authority

The report was not discussed.

9.12. Finance Director

No report was received.

9.13. Corporation Counsel Update

The report was not discussed.

9.14. Storm Ambulance Corp

The report was not received.

9.15. Parks and Recreation

They are working on the fields for spring baseball.

Mr. Gerckens asked about boats being allowed at Witek Park. Mr. Sill said they are researching it, but believe

passive recreation is allowed. No motorized boats were originally authorized. Attorney Welch will check the deed

as well. Mr. Donofrio expressed concern about city liability.

9.16. Revolving Loan Fund

The report was not discussed.

10. Other Committee Reports

10.1. O’Sullivan Island Committee

No meeting was held. Mr. Olenoski asked about meeting to discuss opening O’Sullivan Island. Mr. Gerckens

said the Board already discussed it and wanted to reopen it in the spring. It will be added to the agenda for

the next meeting.

10.2. Capital Planning Commission

Nothing was discussed.

10.3. School Building Committee for Roofs

Nothing was discussed.

10.4. Infrastructure Committee

Nothing was discussed.

11. New Business

11.1. Move to approve the construction of security wall, installation of security door, and other improvements

to the Derby City Hall as outlined in the March 18, 2016 letter from Town/City Clerk Marc J. Garofalo.

Motioned by Mr. DiCenso and seconded by Mr. DiMartino.

Mr. Garofalo stated that there are funds available in the budget line for city hall maintenance. Mr. Staffieri asked for

the balance of funds in that account before a vote is made. Mr. McLiverty stated that Mr. Domurad had stated there

were sufficient funds. The work would be completed in house. The board discussed this at length regarding their

concerns of going over budget, moving sprinklers, and electrical work. Mr. DeFala said the fire marshal and

building inspector are all on board.

Mr. Staffieri and Ms. DeGennaro abstained. The motion carried.

11.2. Move to authorize New Beginnings Church of God to use the Derby Green on Monday, April 25, 2016 from

6:00 pm to 10:00 pm for a “Community Unity Service”.

Motioned by Mr. DiCenso, seconded by Mr. Sill and the motion carried.

Ms. DeGennaro said that the insurance documents are on file with the city, but she asked them to make sure they

were current.

12. Old Business

12.1. No items this month.

13. Executive Session

13.1. Old Colony Construction, Inv. v. City of Derby.

Mr. Olenoski motioned to enter into executive session and invite Attorney Welch. Ms. DeGennaro seconded and

the motion carried.

14. Regular Session Action from Executive Session

14.1. No action items.

15. Adjournment

The meeting adjourned following executive session.

Respectfully submitted,

Terri Kuskowski

These minutes are subject to the Board’s approval at their next scheduled meeting.