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Wednesday, April 7, 2010 7:00 PM City of New Haven 165 Church Street New Haven, CT 06510 (203) 946-6483 (phone) (203) 946-7476 (fax) cityofnewhaven.com Aldermanic Chambers Board of Aldermen Journal of the Board of Aldermen - Final

City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

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Page 1: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

Wednesday, April 7, 2010

7:00 PM

City of New Haven

165 Church Street

New Haven, CT 06510

(203) 946-6483 (phone)

(203) 946-7476 (fax)

cityofnewhaven.com

Aldermanic Chambers

Board of Aldermen

Journal of the Board of Aldermen - Final

Page 2: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

The regular meeting of the Board of Aldermen, duly warned, was held on April 7,

2010 in the Bart Guida Aldermanic Chambers of the Biagio DiLieto Government

Center, 165 Church Street.

President Goldfield called the meeting to order at 7:00 p.m.

ATTENDANCE

The members present were Alderpersons M. Jones, Calder, James-Evans,

Jackson-Brooks, Perez, Colon, Clark, Lemar, Elicker, O'Sullivan-Best, Antunes,

Rhodeen, Bauer, Castro, Paolillo, DePino, Blango, K. Jones, Morehead, Paca,

Dildine, S. Rodriguez, Lehtonen, Robinson-Thorpe, Goldfield and Goldson - 26.

DIVINE GUIDANCE

Divine Guidance was invoked by Alderwoman Bauer: "I forgot my speech that

I wrote. So being that it was a beautiful day, I left work and decided that I would

take my dog for a walk. I grew up in Killingworth, on a farm, and my closest

neighbor was probably about a mile and a half away. We didn't walk very much in

Killingworth. So I realized that today it was beautiful out and I decided to take my

dog for a walk around the block. I'd just like to take a moment to say that I don't

know how often any of us has to really do this, but as we walk around the city -

and every ward actually has historic buildings - just take a moment and admire

the fact that we do have beautiful architecture in our city and it is there for all of

us to view. Thank you."

APPROVAL OF JOURNAL

The Journal of the Regular Meeting held on March 15, 2010 was approved.

IMMEDIATE CONSIDERATION

The following were read for the first time and unanimous consent for immediate

action thereon having been granted, it was voted, viva voce, on motion of

Alderwoman Jones, duly seconded, that they be accepted and the matter to which

they refer be approved, and it was so declared by the Chair:

From Alderpersons S. Rodriguez, Blango, Paca, Clark, Castro, Goldson,

Lehtonen, Lemar, Antunes, Bauer, Morehead, Robinson-Thorpe and K. Jones

submitting a resolution urging the New Haven Board of Aldermen to strongly

support H. R. 4812, the local Jobs for America Act.

(RESOLUTION ADOPTED)

April 7, 2010

Hon. Carl Goldfield

President, New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510-2010

Page 1City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

Dear President Goldfield:

We the undersigned Aldermen summit the attached resolution for unanimous

consent urging the New Haven Board of Aldermen to strongly support H.R. 4812,

Local Jobs for America Act to help create one million public and private jobs in

local communities this year including in the City of New Haven.

Our nation is going through one of the worst economic times since the great

depression. Due to the recession, state and city governments and local

communities have cut back on jobs that are critically important. Essential

services such as education, public safety, childcare, health care and others have

been cut.

As local elected officials, we must do everything we can to help create jobs for

New Haven citizenry who are struggling to support their families. The Local Jobs

For America Act will boost our economy by creating jobs to put one million

people back to work this year nationwide, employing many New Haven citizens

and restoring essential services.

We feel it is important to go on record in support of this important issue, and urge

our colleagues to support this resolution. A copy of the attached resolution will

be forwarded to Congress and the President to adopt H.R. 4812 into law

immediately so that cities and town across America can retain existing employees

and provide employment opportunities in the public and private sectors.

We thank you for your attention to this very important issue facing New Haven,

the State of Connecticut, and throughout the Country.

Respectfully submitted,

SERGIO RODRIGUEZ CHARLES A. BLANGO MARCUS PACA

Alderman, 26th Ward Alderman, 20th Ward Alderman, 24th Ward

RESOLUTION URGING THE NEW HAVEN BOARD OF ALDERMEN TO STRONGLY

SUPPORT H.R. 4812, THE LOCAL JOBS FOR AMERICA ACT

WHEREAS: our nation is going through one of the most difficult economic times

in its history with the national unemployment rate hovering around 10 percent;

and

WHEREAS: despite signs of an economic recovery at the national level, economic

conditions in cities and towns across the country continue to worsen with more

municipal governments facing significant budget shortfalls and increased

demand for services; and

WHEREAS: the City of New Haven employs 4541 workers who provide critical

services to our residents ranging from public safety, community and economic

development, infrastructure maintenance, trash collection, education, and waste

water treatment; and

WHEREAS: the unemployment rate in the City of New Haven metropolitan

statistical area has risen to 10.6%; and

Page 2City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

WHEREAS: the City of the City of New Haven has had to consider: raising

property tax revenue to fill a $38.6 million gap in next year's budget by raising

property tax revenues; cutting expenses by 1.7 percent and; leveraging future

income streams from parking meters to earn some cash in the short term; and

WHEREAS: if not, tax payers could face dramatic tax increases or dramatic

service reductions, such as cutbacks on libraries, education, or fire department

and policing; and

WHEREAS: such action to counter the recession's impact on the City of New

Haven would contribute to an increase in the lack of fiscal stability for this

community and further contribute to the nation's unemployment rate just as the

economy begins to recover; and

WHEREAS: members of the Board of Aldermen have proposed local innovation

solutions such as the HIRE-New Haven program, the HomeWork program, a four

day work-week, and commuter tax to address this issue through local action and

local options; and

WHEREAS: nonetheless federal aid will be necessary if the City of New Haven is

to avoid public service worker layoffs or significant increases in taxes to pay the

salaries of these employees.

NOW, THEREFORE, BE IT RESOLVED that the City of New Haven endorses H.R.

4812, the Local Jobs for America Act because it will help create one million public

and private jobs in local communities this year, including in the City of New

Haven.

BE IT FURTHER RESOLVED that the City of New Haven supports the Local Jobs

for America Act because it will help ensure that our city can continue to provide

services essential to families in our community.

BE IT FURTHER RESOLVED that the City of New Haven supports H.R. 4812

because it would help prevent state and local tax increases, while helping

governments avoid making the choice between eliminating services and raising

taxes.

BE IT FURTHER RESOLVED that the City of New Haven supports H.R. 4812

because it would help stimulate local businesses and create more jobs in the

local economy.

BE IT FURTHER RESOLVED that the City of New Haven, Congress and the

President to adopt H.R. 4812 into law immediately so that cities and towns across

America can retain existing employees and provide employment opportunities in

the public and private sectors.

Alderman Rodriguez: "First of all, I'd like to thank all the colleagues who

signed on to this resolution request for us to contact Congress and let them

know of our strong support for H.R. 4812, the Local Jobs for America Act.

Our nation is going through one of the most difficult economic times in its

history. We must do everything to help create jobs for those who are struggling

Page 3City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

to support their families. At the same time the recession is forcing states and

municipalities to cut jobs that are critically important - teachers, police,

firefighters, childcare workers, and others.

The Local Jobs for America Act will provide our economy a shot in the arm by

putting one million people to work by restoring those services in local

communities. The Local Jobs for America Act will create a million public and

private jobs in communities. The Local Jobs Act will help ensure that local

communities can still operate essential services. This bill will help prevent state

and local tax increases, which I know we're all concerned about this year.

Creating local jobs and stimulating local businesses to create more jobs in

the local economy, the Local Jobs for America Act will fund salaries for private

sector on-the-job training to help local businesses put people back to work, to

provide the subsidies for local businesses to hire people and provides the

opportunity for local communities to bring people back that have been laid off.

This is a bill that really makes a lot of sense to me. So I'm hoping that the rest

of the colleagues will support this. Thank you so much"

Alderman Goldson: "Mr. President, I just want to stand in support of this

resolution. I think that it's important for this board to continue to vote and

concentrate on how we can provide assistance to local New Haven residents in

their job searches during this economic time. So I'm anxious to continue that

process and have some discussions around the other proposals that we have in

front of the board. I am looking forward to that discussion. Thank you, Mr.

President."

From the Tax Collector, Order de Tax Refunds (April 7, 2010).

(ORDER PASSED EXCEPT FOR REFUNDS TO RIDER TRUCK RENTAL, WHICH

WERE REFERRED TO THE TAX ABATEMENT COMMITTEE)

ORDERED by the New Haven Board of Aldermen that the tax refund applications

specified hereinafter by taxpayer's name, account number, and refund amount be

and hereby are approved pursuant to the Connecticut General Statutes and the

certification of the Tax Collector. The Tax Collector shall draw orders upon the

City Treasurer for each payee specified and, pursuant to Section 2-37 of the City

Ordinances, the Controller or his designee shall surrender each payment to the

payee named thereon after obtaining satisfaction of any and all debts owed to the

City of New Haven by the Payee.

NAME ACCOUNT # AMOUNT

CAB EAST LLC 614161 $242.59

CAB EAST LLC 614181 $157.36

CITIMORTGAGE 26692 $1,613.63

COLLINS,ANTHEA 744020 $44.19

DCFS TRUST 711657 $502.30

DCFS TRUST 727368 $553.37

FINANCIAL SERV VEH TRUST 14 ACCTS $8,068.90

HUD C/O CITYSIDE MNGMT 14465 $1,882.44

NAIRN, EDNA & MAXWELL 8162 $65.55

NISSAN INFINITI LT 10 ACCTS $2,988.30

Page 4City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

PCS LANDSCAPING 751698 $140.00

DWIGHT PEDERSEN 751263 $126.63

PLOSKY, DANIEL 751550 $74.96

RUMLEY, PHOENIX 626925 $48.41

SELECT PORTFOLIO 19885 $905.84

TOYOTA MOTOR CREDIT CORP 670402 $231.64

TOYOTA MOTOR CREDIT CORP 738981 $927.78

TRUE WORSHIP CHURCH INC 15528 $3,526.14

VOLVO CAR FINANCE 517993 $170.46

VOLVO CAR FINANCE 554150 $497.24

VW CREDIT LEASING 629851 $186.06

VW CREDIT LEASING 670981 $320.21

VW CREDIT LEASING 671000 $262.75

WILLIAMS, HYCLIS 708375 $108.79

ZAMBRABNO, CECILIA 755654 $34.89

TOTALS $23,680.43

ORDER GRANTING LEAVE TO WITHDRAW TO THE RESOLUTION SUBMITTED BY

THE DIRECTOR OF ELDERLY SERVICES OF AN APPLICATION TO THE SOUTH

CENTRAL REGIONAL COUNCIL OF GOVERNMENTS IN THE AMOUNT OF $77,947

FOR A PERIOD OF ONE YEAR TO ENHANCE TRANSPORTATION FOR SENIORS

AND PERSONS WITH DISABILITIES IN THE CITY OF NEW HAVEN.

(LEAVE TO WITHDRAW GRANTED)

BE IT ORDERED by the New Haven Board of Aldermen that the resolution

submitted by the Director of Elderly Services entitled "Resolution authorizing

submission of an application to the South Central Regional Council of

Governments in the amount of $77,947 for a one-year period to enhance

transportation for seniors and persons with disabilities" be and hereby is granted

leave to withdraw.

From the Superintendent of Schools submitting 3 contracts for the purchase of

an energy saving fuel cell, the related 15-year maintenance agreement, and the

acceptance of a grant from the Connecticut Clean Energy Fund (CCEF):

Order approving a contract with UTC Power Corporation for the purchase and

installation of a 400 kilowatt fuel cell power plant and associated equipment to

provide electric power and thermal energy for Roberto Clemente and Hill Central

Schools.

(PRESENTED UNDER SUSPENSION OF SECTION 24-1-A OF THE RULES OF THE

BOARD OF ALDERMEN)

April 5, 2010

Carl Goldfield, President

New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510

Dear President Goldfield,

Page 5City of New Haven Printed on 11/2/2010

Page 7: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

I am submitting for the Board of Alderman's consideration and approval three

contracts for the purchase of an energy saving fuel cell, the related 15 year

maintenance agreement and the acceptance of a grant from the CT Clean Energy

Fund (CCEF).

The first contract for consideration and approval is for the purchase of an energy

saving fuel cell device from UTC Energy Corporation for the Roberto Clemente

and Hill Central School Construction Projects. The contract is being submitted to

BOA because it is not a City standard contract form.

The second contract is for a 15 year maintenance agreement between the BOE

and UTC Energy Corporation to provide long term maintenance services for the

fuel cell. The contract is being submitted to BOA because it is a multi-year

contract.

The third contract is between the City and the CCEF. This is for the acceptance of

a $500,000 grant to assist in funding the purchase of the fuel cell. The contract is

being submitted to BOA because it is not a City standard contract form.

It should be noted that there is no funding being requested with these requests.

All funding for these contracts will come from the existing approved school

construction capital accounts for Roberto Clemente and Hill Central projects.

It should also be noted that this is a time sensitive request that was borne out of

the very lengthy negotiations with CCEF & UTC that took over 1 year and more

than 6 months respectively, far longer than anticipated. In order to purchase and

install the unit this year (2010) as originally planned we need BOA contract

approval as soon as possible. Without it the manufacture of the fuel cell will slip

to 2011 and the CCEF grant to the City is jeopardized (the grant has a June 2010

expiration). Therefore, we are requesting swift action on these items via

unanimous consent if possible.

I look forward to discussing this matter in more detail during Aldermanic

deliberations.

Sincerely,

Dr. Reginald Mayo

Superintendent of Schools

ORDER OF THE NEW HAVEN BOARD OF ALDERMEN APPROVING A CONTRACT

WITH UTC POWER CORPORATION FOR THE PURCHASE AND INSTALLATION OF

A 400 KILOWATT FUEL CELL POWER PLANT AND ASSOCIATED EQUIPMENT TO

PROVIDE ELECTRIC POWER AND THERMAL ENERGY FOR ROBERTO

CLEMENTE AND HILL CENTRAL SCHOOLS.

(ORDER PASSED) (PRESENTED UNDER SUSPENSION OF SECTION 24-1-A OF

THE RULES OF THE BOARD OF ALDERMEN)

WHEREAS, in July 2009, the New Haven Board of Education advertised a Request

for Proposal # 20911 for a fuel cell power plant; and

WHEREAS, the New Haven Board of Education at its March 22, 2010 meeting

Page 6City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

approved the contract with UTC Power Corporation for the purchase of a 400

kilowatt fuel cell power plant and associated equipment to provide electric power

and thermal energy for Roberto Clemente and Hill Central Schools, subject to

approval by the Board of Aldermen; and

WHEREAS, under this agreement UTC Power Corporation will manufacture and

install a 400 kilowatt fuel cell power plant for Roberto Clemente and Hill Central

Schools; and

WHEREAS, the New Haven Board of Aldermen at a meeting in 2010 approved

contract for the purchase of a 400 kilowatt fuel cell power plant and associate

equipment to provide electric power and thermal energy for Roberto Clemente

and Hill Central Schools (Project # SDE # 093-0351N Roberto Clemente School

Phase 3 and SDE 093-0353N Hill Central School - Phase 1).

NOW, THEREFORE, BE IT ORDERED by the New Haven Board of Aldermen that a

contract for the purchase of a 400 kilowatt fuel cell power plant and associated

equipment to provide electric power and thermal energy for Roberto Clemente

and Hill Central schools is hereby approved.

Order OF THE NEW HAVEN BOARD OF ALDERMEN approving a multi-year

service contract with UTC Power Corporation for the preventative maintenance of

a 400 kilowatt fuel cell power plant at Roberto Clemente and Hill Central Schools.

(ORDER PASSED) (PRESENTED UNDER SUSPENSION OF SECTION 24-1-A OF

THE RULES OF THE BOARD OF ALDERMEN)

WHEREAS, in July 2009, the New Haven Board of Education advertised a Request

for Proposal # 20911 for maintenance services for a 400 KiloWatt fuel cell; and

WHEREAS, the New Haven Board of Education at its March 22, 2010 meeting

approved the Multi-Year service contract with UTC Power Corporation for

preventative maintenance service of a 400 kilowatt fuel cell power plant at

Roberto Clemente and Hill Central Schools over a fifteen year period; and

WHEREAS, under this agreement UTC Power Corporation will provide

preventative maintenance for a 400 kilowatt fuel cell power plant at Roberto

Clemente and Hill Central Schools in accordance with a scope of services

contained in Attachment A of the agreement over a fifteen-year period; and

WHEREAS, the New Haven Board of Aldermen at a meeting in 2010 approved the

multi-year contract to provide preventative maintenance for a 400 kilowatt fuel

cell power plant at Roberto Clemente and Hill Central Schools (Project # SDE #

093-0351N Roberto Clemente School Phase 3 and SDE 093-0353N Hill Central

School - Phase 1) in accordance with a scope of services contained in

Attachment A of the agreement over a fifteen-year period.

NOW, THEREFORE, BE IT ORDERED by the New Haven Board of Aldermen that a

Multi-Year contract with UTC Power Corporation for the preventative maintenance

for a 400 kilowatt fuel cell power plant at Roberto Clemente and Hill Central

Schools over a fifteen-year period is hereby approved.

Page 7City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

Order OF THE NEW HAVEN BOARD OF ALDERMEN approving the application to

and acceptance of a grant in the amount of $500,000 from the CCEF to fund the

purchase of the fuel cell equipment.

(ORDER PASSED) (PRESENTED UNDER SUSPENSION OF SECTION 24-1-A OF

THE RULES OF THE BOARD OF ALDERMEN)

WHEREAS, in July 2009, the New Haven Board of Education advertised a Request

for Proposal # 20911 for a fuel cell power plant for Roberto Clemente and Hill

Central Schools; and

WHEREAS, the New Haven Board of Education at its March 22, 2010 meeting

approved the contract with UTC Power Corporation for the purchase of a 400

kilowatt fuel cell power plant and associated equipment to provide electric power

and thermal energy for Roberto Clemente and Hill Central Schools, subject to

approval by the Board of Aldermen; and

WHEREAS, under this agreement the City of New Haven will receive a $500,000

incentive grant from the Connecticut Clean Energy Fund toward the purchase of

the fuel cell.

NOW, THEREFORE, BE IT ORDERED by the New Haven Board of Aldermen that a

contract to receive a $500,000 incentive grant from the Connecticut Clean Energy

Fund for the purchase of a 400 kilowatt fuel cell power plant and associated

equipment to provide electric power and thermal energy for Roberto Clemente

and Hill Central schools is hereby approved.

Alderman Goldson: "This issue is worse than the Tower One situation. I

believe that had a public hearing. This has not. There is no one here from the

administration to explain to us how we're entering into a fifteen (15) year contract,

what it means, how much it costs, and anything else. Again, I'm frustrated and

concerned that we are being asked to make public policy decisions based on no

information. Again, I am going to support this, because it's for our kids and it

needs to be done. I wish I had more information, so I can feel comfortable about

my vote. I'm going to support this despite the fact that no one was here to explain

this to us. Thank you, Mr. President.

Alderman Perez: Not that I want to sound like I disagree with the colleague

from Ward 30, but this did have somewhat of a public hearing. This did have

discussion because our concept of a power plant was discussed as part of the

school construction program. The service contract though that's what we do not

know much about. We don't know if they bid it or not. I don't agree with one of

my colleagues who said in caucus that this company who put it together is the

best to service it. There are examples where that is not necessarily true. They're

other people who are licensed to do this. I do want to give me colleague some

comfort that on this item when we approved the construction of the two schools,

the whole issue of a power plant was discussed. That said, this item leaves a lot

to be desired, at least the process does, anyway.

REFERRED TO COMMITTEE

The following were read for the first time, ordered printed in the Journal, and

referred to the Committee as indicated for public hearing and report:

Page 8City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

ALDERMANIC AFFAIRS:

From the Mayor submitting the appointment of Mark J. Potocsny of 100 York

Street, apt. 14-M, to the Cultural Affairs Commission.

March 26, 2010

Honorable Board of Aldermen

City of New Haven

165 Church Street

New Haven, CT 06510

Honorable Ladies and Gentlemen:

Pursuant to the authority vested in me by virtue of Section 11, Article V of the

Revised City Charter, I wish to hereby submit the name Mr. Mark J. Potocsny of

100 York Street, Apt. 14M, New Haven, CT 06511 to the Cultural Affairs

Commission. This appointment would become effective upon the approval of the

Honorable Board of Aldermen and will expire on June 1, 2011. Mr. Potocsny will

be filling the unexpired term of Ms. Tia Blassingame who has resigned.

I am confident given Mr. Potocsny's credentials and commitment to our city, that

he will serve the citizens of New Haven in a most conscientious and productive

manner.

I thank you for your kind consideration of this appointment and ask for your

prompt consideration of same.

Very truly yours,

John DeStefano, Jr.

Mayor

From the Mayor submitting the reappointment of Dana Canevari of 5 Harbor

Close, Bldg. A, to the Commission on Disabilities.

January 19, 2010

Honorable Board of Aldermen

City of New Haven

165 Church Street

New Haven, CT 06510

Honorable Ladies and Gentlemen:

Pursuant to the authority vested in me by virtue of Section #16-l/2-14, Article II, of

the Code of General Ordinances, I wish to hereby submit for your Honorable

Board's approval the name of Ms. Dana Canevari of 5 Harbor Close, Bldg. #A, New

Haven, CT 06519 to the Commission on Disabilities. This reappointment would

become effective upon your Honorable Board's approval and will expire on

February 11, 2013.

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

I am confident given Ms. Canevari's credentials and commitment to our city that

she will continue to serve the citizens of New Haven in a most conscientious and

productive manner.

I thank you for your kind consideration of this reappointment and ask for your

prompt consideration of same.

Very truly yours,

John DeStefano, Jr.

Mayor

From the Mayor submitting the reappointment of Linda Reeder of 96 Lyon Street

to the Commission on Disabilities.

January 19, 2010

Honorable Board of Aldermen

City of New Haven

165 Church Street

New Haven, CT 06510

Honorable Ladies and Gentlemen:

Pursuant to the authority vested in me by virtue of Section #16-l/2-14, Article II, of

the Code of General Ordinances, I wish to hereby submit for your Honorable

Board's approval the name of Ms. Linda Reeder of 96 Lyon Street, New Haven, CT

06511 to the Commission on Disabilities. This reappointment would become

effective upon your Honorable Board's approval and will expire on February 11,

2013.

I am confident given Ms. Reeder's credentials and commitment to our city that

she will continue to serve the citizens of New Haven in a most conscientious and

productive manner.

I thank you for your kind consideration of this reappointment and ask for your

prompt consideration of same.

Very truly yours,

John DeStefano, Jr.

Mayor

From the Mayor submitting the reappointment of Edith Rawls of 1010 Whalley

Avenue to the Equal Opportunities Commission.

January 4, 2010

Honorable Board of Aldermen

City of New Haven

165 Church Street

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

New Haven, CT 05510

Honorable Ladies & Gentlemen:

Pursuant to the authority vested in me by virtue of Section #12-l/2-3 of the Code

of General Ordinances of the City of New Haven, I wish to hereby submit for your

Honorable Board's approval the name of Ms. Edith Rawls of 1010 Whalley

Avenue, New Haven, CT 06515 to the Commission on Equal Opportunity. This

reappointment would become effective upon your Honorable Board's approval

and will expire on January 8, 2013.

I am most confident given Ms. Rawls' credentials, that she will be an ideal

candidate for this most vital Board.

I thank you for your kind consideration of this request and ask for your prompt

consideration in the approval of this reappointment.

Very truly yours,

John DeStefano, Jr.

Mayor

CITY SERVICES AND ENVIRONMENTAL POLICY:

From Alderpersons Elicker, Jones and Lemar submitting an order calling for the

establishment of an "On-Street Parking Working Group" to explore how to

maximize the City of New Haven's on-street parking assets to foster economic

development and vitality in the city and improve the quality of life of residents

through adequate and fair access to on-street parking.

March 30, 2010

Honorable Carl Goldfield

President, New Haven Board of Aldermen

Dear President Goldfield:

We would like to respectfully submit to the Board of Aldermen the attached Order

calling for establishment of an "On-Street Parking Working Group" to explore

how to maximize the City of New Haven's on-street parking assets to foster

economic development and vitality in the city, and improve the quality of life of

residents through adequate and fair access to on-street parking.

We all recognize the importance of on-street parking to New Haven citizens and

businesses and its role in fostering economic development and improved quality

of life through convenient access to city services. Likewise, there is a recognition

that adequate and fair access to on-street parking through the maximization of

the city's parking assets is key to such economic development.

New innovative technologies, practices, and policies in the area of on-street

parking and metering such as pay stations, dynamic parking, pay-by-phone

parking and digital permitting are being developed and are rapidly becoming

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Aldermen - Final

available to municipalities such as New Haven and offer the possibility of helping

us reach the aforementioned goals. In addition, the "Complete Streets Steering

Committee" is on the verge of completing a "Complete Streets" design manual

that will encourage multi-modal transportation options for New Haven residents,

customers and employees, identify safer and more comprehensive access to

pedestrian, bicycle and public transit infrastructure and outline a community

planning process on how city residents can design and better utilize our streets.

We strongly believe that it would be very productive at this time to create an

"On-Street Parking Working Group" to explore how to maximize the City of New

Haven's on-street parking assets by increasing on-street parking availability

within the existing right-of-way, through investigation of emerging technologies

and practices, and by making changes in the city's on-street parking policies to

foster economic development and improve the quality of life of city residents.

We ask that the Board please approve this Order, so that an "On-Street Parking

Working Group" can begin this important task and report back with

recommendations on how the city can best move forward in utilizing its on-street

parking assets.

We thank you for your consideration of this Order and urge your support.

Respectfully submitted,

JUSTIN ELICKER MICHAEL JONES ROLAND LEMAR

Alderman, Ward 10 Alderman, Ward 1 Alderman, Ward 9

From Alderman S. Rodriguez submitting an order to "adopt" the Haitian City of

Port au Prince and establish a volunteer Haitian Resources Relief Center in

cooperation with community partners.

April 7, 2010

Hon. Carl Goldfield

President, New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510-2010

Dear Ald. Goldfield:

I am pleased to submit the attached order approving the symbolic adopting the

City of Port Au Prince and calling for the establishment of a local Haitian Relief

Resources Office.

As you know on January 12, 2010 a devastating earthquake hit Haiti. Port au

Prince suffered tremendously, losing almost a quarter million people.

Since then there have been tremendous outpourings of support efforts by the

City of New Haven, our businesses community, our faith community, and our

residents. Yet there remains an overwhelmingly need for our Haitian residents to

have a central location to pool their resources, share their stories, and attempt to

contact their loved ones.

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Aldermen - Final

In order to support their residents other cities have created volunteer Haitian

Resources Relief Centers and adopted a Haitian city. The attached order

approves us doing the same.

By approving this order and leveraging our public and private partners we can

have a direct impact on recovery efforts and provide a much needed morale boost

for Haitian people here and in Haiti.

Yours truly,

Hon. Sergio Rodriguez

Ward 26, Alderman

From the Director of Transportation, Traffic & Parking submitting a resolution

authorizing the application to and acceptance of funding from the Greater New

Haven Transit District to offset the cost of the shared lane bike enhancement

project.

(REFERRED CONCURRENTLY TO CITY PLAN COMMISSION, PUBLIC WORKS,

AND TRANSPORTATION, TRAFFIC & PARKING)

March 15, 2010

The Honorable Carl Goldfield

President

New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510

RE: Resolution of the Board of Aldermen authorizing the City of New Haven to

apply for and accept funding from the Greater New Haven Transit District to offset

the cost of the shared lane bike enhancement project.

Dear Alderman Goldfield:

The department recently prepared design plans for a new type of shared lane

bicycle marking on certain streets in Downtown New Haven and in the Westville

neighborhood. Funds are available for this project in the department's capital

budget and construction will begin in the Spring, 2010.

The Greater New Haven Transit District (GNHTD) has agreed to reimburse for

certain construction expenses related to wayfinding to Union Station. Similar to

the heated bus shelter project, funding is made available to the GNHTD by the

Federal Transit Administration for "transit enhancements" (Project

#CT-90-X444-00) and the maximum reimbursement estimated for this project is

$40,000.

Thank you for your time and attention to this matter. If you have any questions,

please do not hesitate to call me direct at (203) 946-8067.

Sincerely,

Page 13City of New Haven Printed on 11/2/2010

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Aldermen - Final

Michael Piscitelli, AICP

Director, TTP

COMMUNITY DEVELOPMENT:

From the Economic Development Administrator submitting an order

re-authorizing the filing of a grant application with the Connecticut Department of

Economic and Community Development for a grant not to exceed $2,800,000 to

support the River Street Municipal Development Project.

(REFERRED CONCURRENTLY TO CITY PLAN COMMISSION, PUBLIC WORKS,

AND TRANSPORTATION, TRAFFIC & PARKING)

April 5, 2010

The Honorable Board of Aldermen

City of New Haven

165 Church Street

New Haven, Connecticut 06510

Dear Honorable Members:

On March 3, 2008, the Board of Aldermen approved the filing and receipt of a

grant application to the State Department of Economic and Community

Development (DECD) for $2.8 million to support the River Street Municipal

Development Project.

The grant, which will help offset extraordinary foundation costs for Colony

Hardware's proposed 133,000 expansion facility at 100 River Street, was approved

by DECD last year. However, the State process for executing the Assistance

Agreement is not quite completed, and DECD has asked that the City provide a

more current Order since the initial one is over two years old.

Thank you for your attention to this matter.

Sincerely,

Kelly Murphy

Economic Development Administrator

FINANCE:

From the Mayor submitting the required budgetary and financial reports for the

month of February 2010 in compliance with Section 62 of the Charter.

March 28, 2010

The Honorable Board of Aldermen

City of New Haven

165 Church Street

New Haven, CT 06510

Page 14City of New Haven Printed on 11/2/2010

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Aldermen - Final

Dear Honorable Board:

In compliance with Section 62 of the Charter of the City of New Haven, please find

attached the required budgetary and financial reports for the month of February,

2010.

As required by City Charter, the report shall be filed in the Office of the City Clerk

where it shall be available for public inspection. Copies will also be made

available to members of the Financial Review and Audit Commission.

Very truly yours,

John DeStefano, Jr.

Mayor

From the Controller submitting an order requesting approval for McGladrey &

Pullen to be the independent audit firm to review the city's financial statements

for fiscal years 2010 through 2013 as per Section 2-40 of the Code of Ordinances.

March 22, 2010

The Honorable Carl Goldfield, President

New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510

Re: Request for approval of the Financial Review and Audit Commission

selection of Independent Auditors per Section 64 of the City Charter and Section

2-40 of the New Haven Code of General Ordinances.

Dear Honorable Carl Goldfield:

I respectfully submit for your approval the selection of McGladrey & Pullen to be

the City's independent audit firm to conduct the annual audit of the City's

financial statements for fiscal years 2010 through 2013.

In accordance to Section 64 of the City Charter, the Financial Review and Audit

Commission (FRAC) reviewed proposals and interviewed all three firms who

submitted proposals to be the City's independent auditors. The firms were

Levitsky and Berney, UHY, LLC and McGladrey and Pullen, LLP. Chairman Martin

O'Connor has authorized me to report that FRAC voted to select the services of

McGladrey & Pullen.

Your approval is required per Section 2-40 of the New Haven Code of General

Ordinances. McGladrey & Pullen fixed fees for audit services for fiscal years 2010

through 2013 are not to exceed $704,000.

$171,000.00

175,000.00

179,000.00

179,000.00

Should you have any questions, please call me at 946-8360.

Page 15City of New Haven Printed on 11/2/2010

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Aldermen - Final

Your favorable response is requested.

Very Truly Yours,

Mark Pietrosimone

Controller

From the Controller submitting a resolution authorizing Source One to solicit

electrical and natural gas rates for up to a five-year period and authorizing the

Energy Procurement Committee to commit to the best possible market price as

procured by Source One.

March 22, 2010

Carl Goldfield

President of the Board of Aldermen

City of New Haven

165 Church St., 2nd Floor

New Haven, CT. 06510

Dear President Goldfield,

I am submitting a resolution asking your board authorization to extend the

procurement period of the Energy Procurement Committee that was created by

the Board of Aldermen September 18, 2006 to continue to:

To allow this committee to work with Source One Incorporated to solicit natural

gas and electric utility rates on behalf of the City

Determine the best prices, terms and products for procurement of natural gas and

electricity for the next five years going forward from enactment of this resolution.

The present five year authorization period is set to expire in December of 2011,

enter into contractual agreements for energy procurements in the best interest of

the City

Appoint additional city officials to this committee to give it a more rounded

representation.

Natural gas rates are presently at historically low levels. It has been found that

electrical utility rates are highly correlated to natural gas prices because almost

100% of the electrical plants in the Northeast use natural gas to generate

electricity.

Due to current market forces the supply of natural gas is presently outstripping

the demand resulting in lower gas prices. However it is estimated as the economy

recovers the global demand for natural gas will increase over the next year

resulting in higher electrical rates. So it seems like now is the most opportunistic

time to jump into the market and purchase more electricity at fixed rates limiting

the city's exposure to sudden price increases.

Since the Energy Procurement Committee which includes Aldermanic

representatives was set up following approval by the Board in September of 2006,

it has consulted with legal counsel to develop a standard procurement agreement

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and has set up protocols for receiving and reviewing pricing and energy product

information. Continued authorization for this committee to move quickly in

response to market opportunities is in the best financial interests of the City and I

urge your favorable consideration.

With this resolution we would also like to make the Budget Director and The city's

Chief Administrative Officer permanent voting members on this committee along

with the two Aldermanic representatives, City Controller, City Engineer, City

Purchasing Agent and Superintendent of Schools. We believe this will give this

committee a wider panorama of representation. That will result in more informed

decisions on behalf of the city.

Through these tireless efforts since its inception thru December of 2009 the city

has experienced a $3+ million dollar accumulated cost avoidance to date, and

further savings as market forces dictate.

Please feel free to contact me with any questions you may have in regards to this

important project and thank you for your consideration of it.

Sincerely,

Mark Pietrosimone

City Controller

From the Controller submitting an order establishing a Declaration of Trust for

the City of New Haven, to be known as the City of New Haven Trust Fund for

Other Post Employment Benefits, to hold the assets and income to be used for

the exclusive purpose of funding post retirement benefits.

March 22, 2010

The Honorable Carl Goldfield, President

New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510

Re: Request for approval of Declaration of Trust Fund

Dear Honorable Carl Goldfield:

I respectfully submit for your approval the Declaration of Trust, establishing the

"City of New Haven Trust Fund for Other Post Employment Benefits" per GASB

43/45, to be established for the City of New Haven for the funding of the City's

other post employment benefits (OPEB) of its retires as per GASB 43/45.

As required by GASB 43/45, the City of New Haven must now account for and

report the annual cost of OPEB and its outstanding obligations and commitments

related to the OPEB, essentially, the same way that the City now reports its

pension liabilities. These regulations require the City to provide information on

the City's cost of providing post employment benefits, the commitment made by

the City via its' labor agreements related to these benefits, and the extent to

which these commitments have been funded.

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Aldermen - Final

The City currently pays the medical benefits of its employees, both active and

retired on a "pay as you go" basis.

The Declaration of trust, as approved will provide the City with a specific funding

tool, to begin to fund such OPEB. The establishment of a trust, solely for the use

of funding the OPEB lessens the liability of the City in funding this requirement.

In addition, the City's rating agencies will look favorably upon such action by the

City to establish such trust as a step in the right direction for the City in meeting

its OPEB obligations.

Very Truly Yours,

Mark Pietrosimone

Controller

From the Chapel West Special Services District submitting an order approving the

fiscal year 2010-2011 budget and imposing a levy as municipal tax levy for the

Chapel West Special Services District.

(REFERRED CONCURRENTLY TO CITY PLAN COMMISSION)

April 7, 2010

Honorable Board of Aldermen

City of New Haven

157 Church Street

New Haven CT 06510

Ladies and Gentlemen,

Submitted for your consideration is the Chapel West Special Services District

budget for the fiscal year commencing on July 1, 2010 and ending June 30, 2011.

This budget was approved by the Board of Commissioners of the District at the

district annual meeting held on February 24, 2010.

The levy (mil rate) was set at 2.5 mils, the same as last year. The district plans

several new activities this year, including the façade renovation program, and

expansion of the district boundaries and street sweeping routes by addition of

properties. That action is currently before your Board under separate cover.

Respectfully submitted

for the Board of Commissioners

Brian McGrath

Business Manager

From the Grand Avenue Special Services District submitting an order approving

the fiscal year 2010-2011 budget and imposing a levy as municipal tax levy for the

Grand Avenue Special Services District.

(REFERRED CONCURRENTLY TO CITY PLAN COMMISSION)

March 13, 2010

Page 18City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

Honorable Board of Aldermen

City of New Haven

165 Church Street

New Haven, CT 06510

Dear Honorable Ladies and Gentlemen:

On behalf of the Grand Avenue Special Services District, I am pleased to submit

the proposed 2010-2011 budget for the District. We request that the Board of

Aldermen approve our tax levy of 1.00 mills covering the period of July 1, 2010 to

June 30, 2011.

At its Annual Meeting on February 25, 2010 the Grand Avenue Special Services

District Commissioners voted to approve the tax levy of 1.00 mills as well as the

annual budget for the District covering the period of July 1, 2010 to June 30, 2011,

a copy of which is included for your information.

Thank you for your consideration of this matter and please feel free to contact me

if I can provide you with any additional information.

Sincerely,

Frank Alvarado

Chairman, GASSD

From Mulvey, Oliver, Gould & Crotta submitting, on behalf of 8 of the towers on

the Municipal Towers List, a petition seeking a public hearing and relief from

recent changes made to the operations of New Haven's municipal towing services

by city officials.

March 10, 2010

Hon. Ron Smith

City Clerk, City of New Haven

200 Orange Street

New Haven, CT

RE: Petition to Board of Aldermen on behalf of Municipal Towers

Dear Sir:

I represent 8 of the towers on the Municipal Towers List established by the New

Haven Code of Ordinances, Title 29, Article V, Sec. 29-118: Columbus Auto Body

Works, Catapano's Auto, York, Lombard Motors, Tony's Long Wharf, Unlimited,

Fountain's Garage and Megill's.

I submit on their behalf the attached Petition seeking a public hearing and relief

from recent changes made to the operation of the New Haven's Municipal Towing

Services by city officials rather than by the Board of Aldermen.

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Aldermen - Final

Please refer this Petition to the appropriate committee for a public hearing and

legislative action.

Very truly yours,

ROBERT G. OLIVER

Mulvey, Oliver, Gould & Crotta

83 Trumbull Street

New Haven, CT 06511

LEGISLATION:

From the Economic Development Administrator submitting an ordinance

amendment to Chapter 12 ¼ of the Code of Ordinances regarding the Small

Business Enterprise Construction Opportunity Initiative.

March 30, 2010

Honorable Carl Goldfield, President

New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510

Re: Extension of Chapter 121/4 of the New Haven Code of Ordinances

Small Construction Business Development Program

Dear President Goldfield:

I respectfully submit for the Board of Aldermen our request to amend Chapter 12

1/4 of the New Haven Code of Ordinances entitled, Small Business Enterprise

Construction Opportunity Initiative Ordinance. Included in the proposed

amendments is a request to modify Section 17, which will extend the life of the

ordinance for an additional ten years.

On November 19, 2001 the Board of Aldermen approved The Small Business

Enterprise Construction Opportunity Initiative with the requirement (Section 17)

to review the provisions of the Chapter by June 30, 2004 to determine if the City

should "continue, discontinue, or modify any or all of the provisions". On March

19, 2004, the Board voted to continue the Ordinance with amendments, which

extended greater opportunities to small contractors for at least two years, until

June 30, 2006. On May 8, 2006, the Board again amended to the Ordinance to

extend the program another four years and to address challenges concerning

how to transition graduating contractors as well as how to keep ineligible

contractors from infiltrating the program.

Through this ordinance, the City has made a commitment to small and minority

contractors to provide opportunities, where previously very little existed, and to

establish parity in New Haven construction contract procurement. This

commitment has confirmed that New Haven is open to small and minority

businesses, whereby the small contractor has a chance to compete and succeed.

Since this program was implemented, many small and minority contractors have

received and performed City construction contracts for the first time in their

professional existence. At the start of the program, only 5 % of City contracts we

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Aldermen - Final

awarded to small or minority owned businesses. Today, the percentage has risen

to 16; a 300 % increase. Although great strides have been made, the work is not

yet complete and thus our request to extend the program for ten more years.

Based on the progress to date, we believe this extension of ten years will allow

the City's goal of 25% to be realized.

Participating in the program is more than just having your name on a list.

Contractors are notified of bidding opportunities and receive one-on-one

assistance reading bids and specifications. Professional development

workshops and certifications are organized on subjects ranging from change

orders to "How To Do Business with The City of New Haven". Most successfully,

this year the City sponsored a Green Building Certification Program recognized

by the Green Buildings Council for 26 contractors. As the construction industry

shifts its focus to more environmentally friendly practices, New Haven based

small and minority contractors will be primed to compete.

There are 201 small and minority owned contractors who are registered to

participate in the program. These companies employ over 1000 people. To date

$61,448,760 has been awarded to small contractors from the school construction

program and $16.2 million in non-school construction projects. The 360 State

Street project has awarded $10 million dollars to minority contractors and two

prime contractors are participating in mentoring relationships with two New

Haven minority contractors (each receiving a $200,000 - $300,000 contract).

Attached you will also find a summary on the program to date.

I look forward to the opportunity to meet with the Board to discuss this proposal,

the progress we have made and the challenges that we have going forward to

satisfy the needs of our diverse business community. As always, if you have

questions or concerns, do not hesitate to contact me at 946.2366 or the Program

Coordinator Lillia Snyder at 946.6550.

Very truly yours,

Kelly Murphy, AICP

Economic Development Administrator

TAX ABATEMENT:

From the Tax Collector, Order de Tax Refunds FOR Rider Truck Rental (April 7,

2010).

ORDERED by the New Haven Board of Aldermen that the tax refund applications

specified hereinafter by taxpayer's name, account number, and refund amount be

and hereby are approved pursuant to the Connecticut General Statutes and the

certification of the Tax Collector. The Tax Collector shall draw orders upon the

City Treasurer for each payee specified and, pursuant to Section 2-37 of the City

Ordinances, the Controller or his designee shall surrender each payment to the

payee named thereon after obtaining satisfaction of any and all debts owed to the

City of New Haven by the Payee.

RYDER TRUCK RENTAL 8 ACCTS $21,717.90

TOTALS $21,717.90

Page 21City of New Haven Printed on 11/2/2010

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Aldermen - Final

From Robert Casilio submitting a petition for abatement (deferral of collection) of

taxes due on his residence known as 399 Woodward Avenue, Grand Lists of 2007,

2008, and 2009.

March 22, 2010

To: Board of Aldermen

From: Donald Hayden, Tax Abatement Committee Staff

Robert Casillo has submitted a petition to the Board of Aldermen for abatement

(deferral of collection) of taxes due on his residence known as 399 Woodward

Avenue, Grand Lists of 2007, 2008 and 2009.

From Anita L. McElya submitting a petition for abatement (deferral of collection)

of taxes due on her residence known as 1677 Quinnipiac Avenue, Grand Lists of

2008 and 2009.

March 16, 2010

To: Board of Aldermen

From: Donald Hayden, Tax Abatement Committee Staff

Anita L. McElya has submitted a petition to the Board of Aldermen for abatement

(deferral of collection) of taxes due on her residence known as 1677 Quinnipiac

Avenue, Grand Lists of 2008 and 2009.

From Olivia Neal submitting a petition for abatement (deferral of collection) of

taxes due on her residence known as 35 Anita Street, Grand Lists of 2007, 2008,

and 2009.

March 22, 2010

To: Board of Aldermen

From: Donald Hayden, Tax Abatement Committee Staff

Olivia Neal has submitted a petition to the Board of Aldermen for abatement

(deferral of collection) of taxes due on her residence known as 35 Anita Street,

Grand Lists of 2007, 2008, and 2009.

From Edward Manning submitting a petition for abatement (forgiveness) of taxes

due on his vehicles, Grand Lists 1995, 1996, 1997 and 1998.

March 30, 2010

To: Board of Aldermen

From: Donald Hayden, Tax Abatement Committee Staff

Page 22City of New Haven Printed on 11/2/2010

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

Edward Manning has submitted a petition to the Board of Aldermen for an

abatement of taxes (forgiveness) due on his vehicles, Grand Lists 1995, 1996,

1997, and 1998.

JOINT FINANCE/LEGISLATION:

From Alderpersons Goldson, Calder, James-Evans, Antunes and Castro

submitting an order establishing the home-work program requiring residency for

applicants for city jobs, a required annual community contribution from all

non-resident city employees, an incentive plan to encourage New Haven

residency, and that the appropriate department take steps to include a provision

in all city employee contracts.

April 7, 2010

Hon. Carl Goldfield

President, New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510-2010

Dear President Goldfield:

We, the undersigned Aldermen respectfully submit the attached order as a

communication establishing the HomeWork program requiring: residency for

applicants for city jobs, a required Annual Community Contribution from all non

resident city employees, an incentive plan to encourage New Haven residency,

and the appropriate departments take steps to include a provision in all city

employee contracts.

The City of New Haven desires to attract the highest quality of individuals

possible to fill city positions. The City also wishes such individuals to be

personally invested in the community, contributing to the tax base, improving

community attitudes by having a stake in the community.

The City of New Haven employs 1298 workers, while the Board of Education

employs another 3243 individuals. Only 37% of those employed by city

government and its education department reside in New Haven. For instance,

only 13% of the police and 17% of the firefighters live in New Haven. Only 32% of

the $231 million annual city payroll is collected by New Haven residents, and

more than two-thirds, or $3 million of the funds paid by New Haven's taxpayers

for the city payroll leave the city weekly, $156 annually.

Homes are being purchased elsewhere, automobiles are being registered in other

towns, and tax dollars from these non-resident city employees are flowing to the

coffers of other towns. The City of New Haven, as is the state and most of the

country, is facing continuing budget deficits. In order to close the projected

budget deficits, proposed solutions include budget cuts as well as revenue

increases. Budget cuts are primarily achieved through staff reductions, and

revenue increases are primarily achieved through tax increases.

The city administration has indicated that it is focusing its budget balancing by

raising taxes on New Haven residents. The economy and New Haven taxpayers

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are stressed and can not afford any additional taxes. Those city government

employees not residents of the city still benefit from city services such as police,

fire, and safe streets, without paying their fair share.

We feel this is a very important issue facing New Haven's taxpayers. Therefore,

we respectfully request that you consider this Order as submitted. Thank you for

your consideration of this matter.

Respectfully submitted,

Darnell Goldson Gina Calder

Alderman, 30th Ward Alderwoman, 2nd Ward

Jacqueline James-Evans Gerald Antunes

Alderwoman, 3rd Ward Alderman, 12th Ward

From Alderpersons Goldson, Calder, James-Evans and Antunes submitting a

resolution urging the State Legislature to amend the current ban on residency

requirement laws.

April 7, 2010

Hon. Carl Goldfield

President, New Haven Board of Aldermen

165 Church Street

New Haven, CT 06510-2010

Dear President Goldfield:

We, the undersigned Aldermen respectfully submit the attached resolution as a

communication urging the state legislature to amend the current ban on

residency requirement laws.

New Haven, as is the case with many other American cities of comparable size or

larger, is losing its middle class. The net result of this loss is static or declining

real estate values as well as a stagnant grand list.

In addition, many of the City of New Haven government jobs, particularly the

higher paying jobs that maintain a middle class standard of living, are occupied

by people who reside outside of the city. New Haven's population is becoming

more poor and less able to bear the tax burden. Add to this the fact that poor

people generally make disproportionately higher demands on the school system,

the police department, the fire department and most other city departments, and

we have a recipe for a financial problem.

Each week over $3 million of New Haven taxpayer's contribution to our local

government flows out of the city to other towns. New Haven is hemorrhaging

money to 125 other cities and towns, including Hamden, West Haven, North

Haven, East Haven, and Branford.

The city administration has indicated that is it focusing its budget balancing by

raising taxes on New Haven residents. The economy and New Haven taxpayers

are stressed and can not afford any additional taxes. Those city government

employees not residents of the city still benefit from city services such as police,

fire, and safe streets, without paying their fair share.

Each year the city of New Haven hires police officers, firefighters, teachers and

other municipal employees. Most of these jobs are solid, good-paying jobs that

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

clearly qualify the holders of those jobs for middle-class status. Today, nearly

70% our city teachers live out of town. Living-outside-the-city percentages for

police officers and firefighters are even worse, 87% of the police and 83% of the

firefighters.

Connecticut General Statutes do not allow Connecticut cities and towns to

require teachers and municipal collective-bargaining employees to live in the

town or city of their employment.

Residency laws are constitutionally permissible. In 1976 the U. S. Supreme Court

held in McCarthy vs. Philadelphia Civil Service Commission that residency laws

were constitutional. The court did, in the McCarthy decision, state that some city

employees were most valuable to their employer because they lived in the

community they served.

There being no constitutional barriers to residency laws in Connecticut, I hereby

urge my fellow Aldermen to support this resolution for change in Connecticut

General Statutes to allow New Haven to institute a residency law.

We feel this is a very important issue facing New Haven's taxpayers. Therefore,

we respectfully request that you consider this Resolution as submitted. Thank

you for your consideration of this matter.

Respectfully submitted,

Darnell Goldson Gina Calder

Alderman, 30th Ward Alderwoman, 2nd Ward

Jacqueline James-Evans Gerald Antunes

Alderwoman, 3rd Ward Alderman, 12th Ward

READ, PRINT, AND FILE

The following were read for the first time, ordered printed in the Journal and filed

in the Office of the City Clerk:

From the Executive Director, City Plan Department, submitting the following

reports: No. 1438-21, re: the commissioning and deaccessioning of public works

of art; No. 1438-22, re: ordinance amendment regulating the facilitation of

underage parties at places where alcoholic beverages are normally consumed;

No. 1438-23, re: ordinance amendment regarding commercial waste collections;

No. 1438-24, re: ordinance amendment regarding waste disposal; No. 1438-25, re:

the FY2010-2011 general, capital and special budgets; No. 1438-26, re: ordinance

amendment to appropriating ordinance #3, FY09-10, redesignating unexpended

bond proceeds; No. 1438-27, re: brownfield remediation funds; No. 1438-28, re: an

application for funds for a brownfields remediation program; No. 1438-29, re:

ordinance amendment regarding permit, license and user fees; and No. 1438-30,

re: sign at 266 College Street, Bespoke Restaurant.

March 18, 2010

Board of Aldermen

City Hall

165 Church Street

New Haven, CT 06510

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

Honorable Board of Aldermen:

In accordance with our customary procedure, the attached reports referenced

below adopted by the City Plan Commission at its meeting of March 17, 2010 are

forwarded to you for your consideration:

RE: PUBLIC WORKS OF ART, Standards and Conditions for Donations, Loans,

Commissioning and Deaccessioning of Public Works of Art (Department of

Cultural Affairs).

REPORT: 1438-21

ADVICE: Approval

RE: ORDINANCE AMENDMENT regulating the facilitation of underage parties at

any occupied structure, dwelling, club or curtilage where persons over the age of

21 may lawfully purchase or consume alcoholic beverages (Alder James-Evans).

REPORT: 1438-22

ADVICE: Board of Aldermen to seek advice of Corporation Counsel

RE: ORDINANCE AMENDMENT, Amend Article XVI of the Code of Ordinances

regarding commercial waste collections (Director of Public Works).

REPORT: 1438-23

ADVICE: Approval

RE: ORDINANCE AMENDMENT, Amend Chapter 30 ¾-16 of the Code of

Ordinances regarding waste disposal, site cleanliness plans, and dumpster

regulations (Director of Public Works).

REPORT: 1438-24

ADVICE: Approval

RE: FY 2010-2011 GENERAL, CAPITAL, AND SPECIAL BUDGETS (Mayor

DeStefano).

a) Appropriating Ordinance #1, an ordinance making appropriations for operating

departments of the city for the fiscal year July 1, 2010 through June 30, 2011.

b) Tax levy and revenue appropriating ordinance for fiscal year 2010-2011.

c) Appropriating Ordinance #3, an ordinance authorizing issuance of General

Obligation Bonds, fiscal year 2010-2011.

d) Appropriating Ordinance #4, an ordinance making appropriations for certain

school projects (HSC Magnet and Hyde Leadership Academy) in the five-year

capital plan and authorizing issuance of general obligation bonds, fiscal year

2010-2011.

e) Appropriating Ordinance #5, an ordinance amending appropriations for certain

school projects in various capital budgets and authorizing the issuance of

general obligation bonds, fiscal year 2010-2011.

f) Order approving Alling Memorial Golf Course Enterprise Fund Budget, fiscal

year 2010-2011.

g) Order approving Lighthouse Park Carousel Enterprise Fund Budget, Fiscal

Year 2010-2011.

h) Order approving Walker Skating Rink Enterprise Fund Budget, Fiscal Year

2010-2011.

i) Order approving East Rock Park Communications Tower Enterprise Fund

Budget, Fiscal Year 2010-2011.

REPORT: 1438-25

ADVICE: Approval

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Aldermen - Final

RE: ORDINANCE AMENDMENT TO APPROPRIATING ORDINANCE #3, FY2009-10,

Redesignation of unexpended bond proceeds in the amount of $39,178 from

Project # E202 911 Consolidation to Project #1044 Government Center (Mayor

DeStefano).

REPORT: 1438-26

ADVICE: Approval

RE: BROWNFIELD REMEDIATION FUNDS, Application for and Acceptance of up to

$1,000,000 of U.S. Environmental Protection Agency Grant Funds for Brownfield

Remediation (Economic Development Administrator).

REPORT: 1438-27

ADVICE: Approval

RE: BROWNFIELDS REMEDIATION PROGRAM, Authorization to apply for and

accept $200,000 from EPA's FY2010 Brownfield Cleanup Grant Program for funds

to remediate select City Brownfields (Economic Development Administrator).

REPORT: 1438-28

ADVICE: Approval

RE: ORDINANCE AMENDMENT, Amend Article XX, Section 17-201 of the Code of

Ordinances regarding permit, license and user fees (Mayor DeStefano).

REPORT: 1438-29

ADVICE: Approval with recommended addition under City Plan Department fees

RE: 266 COLLEGE STREET, Authorization for Sign over the City Sidewalk

(Bespoke Restaurant).

REPORT: 1438-30

ADVICE: Approval with Conditions

Respectfully submitted,

Karyn M. Gilvarg, AIA

Executive Director

LIVABLE CITY INITIATIVE

Upon motion made and duly seconded, it was voted viva voce that said order

be passed, and it was so declared by the Chair.

From the Executive Director, LCI, submitting the following properties for

disposition: at least one-half of the sliver lot at 32 Stevens Street to

Neighborhood Housing Services of New Haven, Inc. and 34, 80 and 0 Sylvan

Avenue (MBP 299 1145 05000) to Habitat for Humanity of Greater New Haven.

March 20, 2010

The Honorable Carl Goldfield, President

Board of Aldermen

City of New Haven

165 Church Street

New Haven, CT 06510

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

Re: Dispositions : 32 Stevens Street, 34 Sylvan Avenue, 80 Sylvan Avenue, 0

Sylvan Avenue ( M.B.P. 299 1145 05000)

Dear Alderman Goldfield:

In accordance with the Board of Aldermen's Land Disposition Guidelines revision

dated September 5th, 2006, as well as the Board of Aldermen's May 20th, 1996

order establishing the Livable City Initiative and requiring that said Initiative

submit a list of land disposition matters, I am writing to respectfully request that

the Honorable Board approve the City's disposition of the properties more fully

described on the attached list. In addition, I have attached the City Plan

Commission Advisory Reports for these properties as required by the same order

referred to above .

By acquiring and, or, disposing of the listed properties, if so approved by the

Honorable Board, the City, acting through the Livable City Initiative, will be able to

continue to strive toward the mission of combating blight and fostering a better

New Haven in which to live and thrive. Thank you for your consideration in this

matter. Should you have any questions, please do not hesitate to contact me.

Very truly yours,

Erik Johnson

Executive Director

LIST OF PROPERTIES PROPOSED FOR DISPOSITION

April 7, 2010

ADDRESS Type Price Owner USE WARD

32 Stevens Street Sliver lot (3,485 Square Feet total) $1.00 City The

Livable City Initiative seeks prior authorization to dispose of at least one-half of

this sliver lot to Neighborhood Housing Services of New Haven, Inc. once title

vested to the City of New Haven. This parcel is in the foreclosure process. The

applicant will utilize this land as a driveway. The applicant is currently

rehabilitating the property next door and would like to purchase at least one-half

of the sliver lot. The applicant seeks prior approval because time is of the

essence once the rehabilitation is completed and a home buyer is identified 3

34 Sylvan Avenue Non-Profit $1000 Hill Develop Corp. (HDC) The applicant

will construct a single family house at this location. This property must be sold

to an owner-occupant for a combined period not less than (5) years, inclusive of

successive ownership, unless a more extensive period is required by federal law,

the Property Acquisition and Disposition Committee (PAD), City Plan, the Board

of Directors of Livable City Initiative (LCI) and / or the Board of Aldermen of the

City of New Haven. The Livable City Initiative is requesting authorization to

dispose of this building lot to Habitat for Humanity of Greater New Haven. City of

New Haven is in the process of acquiring this land back from Hill Development

Corporation through a deed in lieu of foreclosure. Therefore, the City of New

Haven is requesting prior authorization for this transaction to occur. 3

80 Sylvan Avenue & 0 Sylvan Avenue (MBP 299 1145 05000) Non-Profit

$1000 Hill Develop Corp. (HDC) Th

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

Aldermanic Affairs. Favorable. Resolution from the Mayor establishing a Charter

Revision Commission.

WHEREAS: pursuant to Article XXXIX of the Charter of the City of New Haven a

charter revision commission shall be appointed by the Board of Aldermen at least

once every ten years after July 1, 1993 ;and

WHEREAS: pursuant to Section 7-187 et seq. of the General Statutes of

Connecticut said commission shall consist of between 5 and 15 electors not more

than one third of whom may hold any other public office in the municipality and

not more than a bare majority of whom shall be members of any one political

party; and

WHEREAS: pursuant to Section 7-187 et .seq. prior to establishment of said

commission a resolution initiating the charter revision must be approved by a 2/3

vote of the entire Board of Aldermen; and

WHEREAS: on February 1, 2010 the Mayor submitted a request for the Board of

Aldermen to consider the empanelling of a Charter Revision Commission for

limited purposes which request was assigned to the Aldermanic Affairs

Committee for review; and

WHEREAS: on February 22, 2010 the Aldermanic Affairs Committee met to

consider the request and decided to solicit nominees for the commission and to

reconvene on March 16, 2010; and

WHEREAS: on March 16, 2010, the Aldermanic Affairs Committee of the Board of

Aldermen met again to consider the request and additionally selected 15

members from 41 nominees for inclusion on the 2010 Charter Revision

Commission and chose the issues to be referred to the charter revision

commission for action.

NOW, THEREFORE, BE IT RESOLVED that the following persons are appointed to

constitute the 2010 Charter Revision Commission: Victor Bolden, Allan Brison,

William Celentano, John Cirello, Porsche Collins, Arlene DePino, Cherice Dykes,

Victor Fasano, William Ginsberg, Willie Moore, Jorge Perez, James Rawlings,

James Segaloff, Sandra Trevino and Larcina Carrington-Wynn.

BE IT FURTHER RESOLVED that the following persons are appointed as

alternates for the 2010 Charter Revision Commission: Andrew Orefice, Mordechai

Sandman and Gregory Smith.

BE IT ALSO FURTHER RESOLVED that the 2010 Charter Revision Commission is

charged with consideration of the following:

1. Review and make recommendation regarding increasing the term of office

from two to four years for the positions of Mayor, City Clerk and Alderman and if

changed, at what date should the change be effective; and

2. Review and make recommendation on the total number of Aldermen; whether

the number should increase, stay the same or decrease, and if changed, at what

date should the change be effective.

BE IT ALSO FURTHER RESOLVED that approval of this resolution by a 2/3 vote of

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April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

the entire Board of Aldermen officially initiates the process for charter revision

pursuant to Article XXXIX of the Charter and Section 7-187 et. seq.of the General

Statutes of the State of Connecticut.

BE IT ALSO FURTHER RESOLVED that upon the establishment of the

commission and in accordance with 7-190 of the General Statutes of the State of

Connecticut, the commission shall communicate its draft report to the Board of

Aldermen no later than the June 7, 2010 regular meeting of the Board of

Aldermen.

City Services and Environmental Policy. Favorable. Ordinance amendment from

the Director of Public Works to Article XVI of the Code of Ordinances regarding

commercial waste collections.

WHEREAS, Conn. General Statutes §7-148(c)(4)((H) empowers the City of New

Haven to provide for and regulate the collection and disposal of garbage, trash,

rubbish, waste material and ashes by contract or otherwise, including prohibiting

the throwing or placing of such materials on the highway; and

WHEREAS, in accordance with CGS §7-148(c)(4)((H) with Ord. No. 1557 of April

2007, the Board of Aldermen created ARTICLE XVI of the New Haven Code of

Ordinances Commercial Waste Collectors establishing a licensing requirement of

all Commercial Waste Collectors; and

WHEREAS, § 30 ¾-13 (d) of the New Haven Code of Ordinances establishes "All

organizations and other persons collecting designated recyclables within the city

must be registered and licensed by the city in a similar manner as private

collectors of solid waste;" and

WHEREAS, the City seeks to clarify the § 17-123 Commercial Waste Collections

License to include Recycling as established in § 30 ¾-13 (d); and

WHEREAS, § 30 ¾ -19 establishes the Designation of areas for all solid waste

disposal; and

WHEREAS, the City seeks to enhance the ability to better enforce these

regulations; and

WHEREAS, the City has determined the need exists to identify and license the

receptacles used for commercial waste and recycling collection to enforce §

17-123 and § 30 ¾ -19.

Now, Therefore, Be It Ordained that Chapter 30 ¾ of New Haven Code of

Ordinances be amended as set forth in the attached.

ARTICLE XVI. COMMERCIAL WASTE & RECYCLING COLLECTORS

Sec. 17-121. Incorporation by reference.

This article shall incorporate by reference all relevant provisions of Article I of

this chapter, captioned "Licenses and Permits in General.

(Ord. No. 1557, 4-16-07)

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Aldermen - Final

Sec. 17-122. Definitions.

For the purposes of this article, the following terms shall have the following

meanings:

Collection means the act of picking up refuse at its point of generation or storage

and placing it in a vehicle.

Commercial waste collector means a person, firm, corporation or other entity

that collects, recycles and/or hauls, for a fee, the solid waste, including recyclable

solid waste, generated by other persons, firms, corporations, residential,

business, commercial or other establishments or other entities in New Haven, and

includes private haulers, and collectors as defined in the waste disposal chapter

of this Code.

Licensee means the owner(s) of the commercial waste collection business herein

being regulated.

Noise means any sound, the intensity of which exceeds the standards set forth in

this Code.

Person means any individual, firm, partnership, association, syndicate, company,

trust, corporation, municipality, agency or political or administrative subdivision

of the state or other legal entity of any kind.

Recycling. Shall mean the process of separating, sorting, cleansing, treating,

diverting and reconstituting an item or items, or other discarded material, from

the solid waste stream for the purposes of processing it, or causing it to be

processed, into a material product, including the production of compost, in order

to provide for disposition of the item(s) in a manner, other than incineration or

landfilling, which will best protect the environment. As established by Section 30

¾ -13 of this Code.

Solid waste means refuse, litter, municipal solid waste, bulky waste and yard

waste, garbage, household rubbish, ashes and any organic wastes normally

produced from the handling and use of foods, except dishwater and wastewater.

Solid waste disposal site means the location where any final treatment, utilization,

processing or developing of solid waste occurs, but shall not include

incineration. This term shall include, but not be limited to the city's transfer

station.

Waste Receptacle. Any receptacle approved for the collection and storage of

municipal solid waste, including dumpsters and or toters and cans.

Recycling Receptacle. Any receptacle approved for the collection and storage

of recycling including dumpsters, toters, or bins.

(Ord. No. 1557, 4-16-07)

Sec. 17-123. Commercial waste & recycling collectors, license required.

No commercial waste collector shall engage in the collection, haulage,

transportation, recycling and disposal of solid waste or refuse and recycling

generated by other persons, firms, corporations, residential, business,

commercial or other establishments or other entities in New Haven, and collect a

fee for such service, without obtaining a license and permit(s) from the city's

license and permit issuer.

(Ord. No. 1557, 4-16-07)Sec. 17-124. Application.

(a) In order to obtain a license under this article, an interested person must file

an application with the city's license and permit issuer, and provide the following

and all other information that he/she requires:

(1) Applicant's name;

(2) Address of the applicant's place of business;

(3) If the applicant is a corporation, the names and addresses of each of its

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directors and officers;

(4) Name, address, and telephone number of the primary contact acting as

representative for the applicant;

(5) A description of each vehicle to be used in the business operations licensed

by this article, including the make, model, manufacturer, license plate number,

tare weight capacity, and number of axels of all such vehicles; and

(6) A list of the routes located in New Haven and the name of each other

municipality in which the collector hauls solid waste.

(7) The number and type of receptacles used for the collection of waste and or

recycling in the City of New Haven.

(b) A licensee shall notify the license and permit issuer of any change of

information supplied in its application for a license within five (5) business days

of said change.

(Ord. No. 1557, 4-16-07)

Sec. 17-125. Conditions.

Before the license and permit(s) may be issued, the following conditions must be

satisfactorily met:

(1) The applicant shall provide proof of general liability insurance with limits of

liability of two hundred and fifty thousand dollars ($250,000.00) for property

damage per occurrence, or five hundred thousand dollars ($500,000.00) combined

single limit.

(2) The applicant shall secure automobile liability coverage in the amounts of

five hundred thousand dollars ($500,000.00) for property damage, two hundred

and fifty thousand dollars ($250,000.00) for bodily injury per person and fifty

thousand dollars ($50,000.00) for bodily injury per accident, or five hundred

thousand dollars ($500,000.00) combined single limit for each vehicle used in the

business operation licensed by this article that does not require a commercial

drivers license (CDL).

(3) The applicant shall secure automobile liability coverage in the amounts of

one million dollars ($1,000,000.00) for property damage, five hundred thousand

dollars ($500,000.00) for bodily injury per person and one million dollars

($1,000,000.00) for bodily injury per accident, or one million dollars ($1,000,000.00)

combined single limit, for each vehicle used in the business operations licensed

by this article that does require a commercial drivers license (CDL).

(4) The applicant, his/her successors and assigns shall maintain each such

insurance policy in full force as long as he/she conducts business in the city.

(5) The applicant shall be and remain current concerning the payment of any

arrearage for taxes, fees, or any other obligation to the city.

(Ord. No. 1557, 4-16-07)

Sec. 17-127. Commercial waste and recycling collectors; license fee.

The fee for the license is established in section 17-20 of this Code as amended

from time to time. . Such fee shall not be prorated.

(Ord. No. 1557, 4-16-07)

Sec. 17-128. License term.

Unless otherwise cancelled, revoked or suspended, the license shall be valid

from July 1st to June 30th.. The license may be renewed, provided the licensee is

in compliance with all federal, state and local laws and regulations, including but

not limited to, this Code's waste disposal chapter.

(Ord. No. 1557, 4-16-07)

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Sec. 17-129. Commercial waste and recycling vehicles; permit required.

(a) A licensee shall obtain a permit issued by the license and permit issuer for

each vehicle that he/she/it uses in the business operations licensed by this

article.

(b) Vehicle permits shall be issued hereunder in the form of a sticker. Said

sticker may not be transferred to any other vehicle, and must only be affixed to

the vehicle for which it is issued. Stickers shall be firmly affixed in a prominent

location on the left front (driver's side) of the vehicle so that it can be readily

visible at all times.

(c) If a vehicle is put into service during the license year, the licensee shall

submit the required information for this vehicle to the license and permit issuer,

and shall not use the vehicle to collect, transport or dispose of waste in the city

until a decal has been issued and affixed to the new vehicle.

(Ord. No. 1557, 4-16-07)Sec. 17-129. Regulations.

(a) The licensee of a permitted disposal vehicle shall keep it clean and as free as

possible of offensive odors.

(b) No permitted vehicle shall be parked in any place other than its place of

business for longer than is reasonably necessary to make a collection.

(b) A person shall not transport solid waste or recycling in any vehicle unless it

is secured so as to be spill-proof and leak-proof.

(c) A vehicle body designed to use a tailgate shall have the tailgate properly in

place. A load of solid waste or recycling shall not overhang the sides or the rear

of the permitted vehicle's body.

(d) Commercial waste and recycling collectors shall cooperate with the city to

ameliorate noise through such methods, including but not limited to, padding

dumpsters, adding plastic lids, altering pickup times, relocating dumpsters and/or

any other method in which to reduce noise.

(e) All licensees engaged in the business operations licensed by this article shall

fully comply with all federal, state and local laws and regulations as each is

amended from time to time, including but not limited to, this code's waste

disposal chapter.

(b) Each licensee shall display his/her/its name and address or his/her/its name

and telephone number on all permitted vehicles used in the business operations

licensed by this article.

(c) No commercial waste or recycling collectors may engage in the business

operations licensed by this article except between the hours of 5:00 a.m. through

10:00 p.m. Mondays through Saturdays in the following areas:

(1) Downtown area bounded by North Frontage Street, State Street, south of

Trumbull Street, Prospect Street, Grove Street, Tower Parkway and Howe Street.

(2) Yale New Haven Hospital area bounded by South Frontage Street, Congress

Avenue, and Howard Avenue.

(3) Hospital of Saint Raphael area bounded by Sherman Avenue, Chapel Street,

Orchard Street and George Street.

(d) In all other areas of the city no commercial waste collector shall engage in

the business operations licensed by this article except between the hours of 6:00

a.m. through 10:00 p.m.

(Ord. No. 1557, 4-16-07)

Sec. 17-[ ] Commercial waste and recycling receptacles; permit required.

(a) A licensee shall obtain a permit issued by the license and permit issuer for

each receptacle that he/she/it uses in the business operations licensed by this

article for collections of waste and recycling within the City of New Haven.

(b) Each waste and recycling receptacle shall be clearly and legibly labeled with

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the name and contact information for such hauler.

(c) Each waste and recycling receptacle shall be affixed with a permit sticker

issued by the permit issuer.

(d) Each sticker shall be affixed to the upper left corner of the receptacle so it can

be readily visible at all times.

(f) Each sticker shall represent a separate license and is subject to a fee as

established by Section 17-20 of this code as amended from time to time. Such fee

shall not be prorated. Sec. 17-130. License renewal.

(a) The license may be renewed each year, provided the licensee has complied

with all federal, state and local laws and regulations, including but not limited to

this Code's waste disposal chapter as it is amended from time to time, during the

licensed term.

(b) The license and permit issuer shall collect and maintain information from

each license applicant when licenses and permit(s) are initially issued. In

subsequent years it shall not be necessary for the licensee to provide detailed

information unless there are any changes to the documentation submitted with

the original license and permit request. If there are no changes, the licensee shall

submit a written license renewal request, an updated insurance certificate, the

required license fee, and any other relevant information requested by the issuer.

(Ord. No. 1557, 4-16-07)

City Services and Environmental Policy. Favorable. Ordinance amendment from

the Director of Public Works to Chapter 30 ¾-16 of the Code of Ordinances

regarding waste disposal, site cleanliness plans, and dumpster regulations.

WHEREAS: With the 2008 creation of the New Haven Solid Waste and Recycling

Authority, the City of New Haven Board of Aldermen established "The municipal

solid waste and recycling authority is an agency dedicated to achieving the most

environmentally sound solid waste management and resources conservation

program for the people of New Haven and the surrounding communities;" and

WHEREAS: The New Haven Solid Waste and Recycling Authority and the New

Haven Department of Public works have developed a resource conservation

strategy intended to promote recycling to advance this goal; and

WHEREAS: Connecticut General Statutes 22a-241b establishes that every person

who generates solid waste shall, in accordance with §22a-220, make provision for

the separation from other solid waste of the items designated for recycling; and

WHEREAS: In accordance with Connecticut General Statutes 22a-220 the City of

New Haven established Section 30¾-13 Recycling; and

WHEREAS: Section 30¾-13 of the New Haven Code of Ordinances requires

recycling of all residential and non-residential properties; and

WHEREAS: §30 ¾ -16 of The New Haven Code of Ordinances Site Cleanliness

Plans; dumpster regulations, establishes that the Director of Public Works may

require a site cleanliness plan for any premises in the city; and

WHEREAS: The City of New Haven would like to clarify the requirements of §30 ¾

-16 to require site plans of all non residential units and extend those requirements

to include a plan for recycling; and

Page 34City of New Haven Printed on 11/2/2010

Page 36: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

WHEREAS: The City of New Haven desires to extend the dumpster requirements

to all waste disposal and recycling receptacles.

Now, Therefore, Be It Ordained that Chapter 30 ¾ of New Haven Code of

Ordinances be amended as set forth in the attached.

Sec. 30¾-16. Site cleanliness and recycling plans; dumpster, waste and recycling

receptacle regulations.

(a) Definitions. As used in this section, the following definitions shall apply:

(1) Non-residential unit. Shall mean all premises not eligible for municipal

collections as established by Sec. 30¾-12 of these ordinances including:

buildings with more than (6) dwelling units, condominiums, nonprofit

organizations, commercial or industrial properties or other agency deemed by the

department of public works to be excluded from this coverage.

(2) Recycling. Shall mean the process of separating, sorting, cleansing, treating,

diverting and reconstituting an item or items, or other discarded material, from

the solid waste stream for the purposes of processing it, or causing it to be

processed, into a material product, including the production of compost, in order

to provide for disposition of the item(s) in a manner, other than incineration or

landfilling, which will best protect the environment. As established by Section 30

¾ -13 of this Code.

(3) Person responsible. Shall mean the owner of record or his designee.

(4) Waste Receptacle. Any receptacle approved for the collection and storage of

municipal solid waste, including dumpsters and or toters and cans.

(5) Recycling Receptacle. Any receptacle approved for the collection and storage

of recycling including dumpsters, toters, or bins.

(6) Waste Hauler. Shall mean a licensed commercial waste hauler as established

by Sec. 17-129 of this code.

(7) Recycling Hauler. Shall mean a company licensed by the City of New Haven

as established by Sec. 30 ¾ - 13 (d) of this Code.

(8) Director. Shall mean the Director of Public Works or his designee.

(b)Site cleanliness plans. The director of the department of public works may

require a site cleanliness plan for any premises in the city; and all

Non-Residential units must provide the city with a site cleanliness plan

(1) The person responsible for any premises subject to a site cleanliness plan

shall file it in writing with the director of the department of public works on a form

approved by him/her. The plan shall contain:

(a) the address and specifications regarding the site on which solid waste and

recycling collection for the premises will take place.

(b) the location of solid waste and recycling receptacles in relation to adjacent

structures,

(c) the type and licenses of all solid waste and recycling receptacles

(d) the name and contact information of the licensed solid waste and recycling

haulers responsible for removal

(e)contain a regular weekly schedule, by days and hours, of solid waste and

recycling collection.

(f) A similar schedule shall be provided for cleaning and maintaining the site of

the solid waste containers, and any immediately adjacent sidewalk or public way

from litter, rubbish and solid waste.

(g) A dumpster shall be the preferred solid waste receptacle unless it is

impractical, or unnecessary for the projected volumes of municipal waste as

determined by the Director or his designee.

Page 35City of New Haven Printed on 11/2/2010

Page 37: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

(2) If the director of the department of public works determines that the site

maintenance is adequate to keep the site free from litter, and that the

requirements for recycling as established by Section 30 ¾ - 13 have been met,

he/she shall approve the plan. The director may consult with the director of the

department of public health and the director of the building division of the Livable

City Initiative in making this determination.

(3) All plans shall be filed by July 1, 2010 and updated annually.

(4) All changes must be reported to the Director within 30 calendar days.

(b) Dumpsters, waste and recycling receptacles:

(1) No dumpster may be placed or installed on any site in the city's right of way

unless the person responsible for it has obtained an obstruction permit for it from

the director of the department of public works or his/her designee. Such permit

may be issued upon the payment of a fee, if any, as authorized, established and

amended from time to time by the board of aldermen. Additionally, the dumpster

must bear a license issued by the director of the department of public works or

his/her designee as required by this section. No permit for a dumpster

obstruction shall be issued unless the applicant provides the following written

information on a form approved by the director of the department of public works

or his/her designee:

(i) The address and a plan of the site on which the dumpster will be located,

showing the location of the dumpster in relation to any structure on the site and

on adjacent sites;

(ii) The site owner's name, address and telephone number;

(iii) The name, address and telephone number of the responsible person if the

owner does not manage the site;

(iv) The name, address and telephone number of the person purchasing the

dumpster service;

(v) The name, address and telephone number of the company which provides

the dumpster; and

(vi) The name, address and telephone number of the company which empties

the dumpster, if the provider does not empty it.

(2) No commercial waste or recycling receptacle may be placed or installed on

any site in the city unless it is affixed with the name and contact information of

the hauler and the hauler responsible for it has obtained a permit for it from the

director of the department of public works or his/her designee. Such permit may

be issued upon the payment of a fee, as established by Section 17-129## of this

Code. Additionally, the waste or recycling receptacle must bear a number issued

by the director of the department of public works or his/her designee in

conjunction with the permit.

(3) If the director of the department of public works or his/her designee

determines that the above information is accurate, he/she shall issue a permit for

a dumpster, waste or recycling receptacle on the site upon payment of a fee, if

any, as established, authorized and amended from time to time by the board of

aldermen. The permit shall be conditioned upon the compliance with the activities

specified in such cleanliness plan. Nonperformance of any of the activities

specified in the site cleanliness plan shall be a violation of the permit and of this

section.

(4) All dumpsters, including, but not limited to, those transporting debris or solid

waste within the city, must be covered at all times.

(c) Regulations. The director of the department of public works or his/her

designee may establish regulations pertaining to the matters of this section from

time to time.

(d) Penalties:

Page 36City of New Haven Printed on 11/2/2010

Page 38: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

(1) Violation of this section shall be punishable by a fine up to the maximum

amount authorized by state statutes or this Code per day for each

noncompliance.

(2) The director of the department of public works has sole discretion in

determining whether a violation is punishable by revoking the approval of the site

cleanliness plan, and/or any permits and licenses issued under this section.

(Code of 1985, § 16-19; Ord. of 10-17-88; Ord. No. 1407, 3-6-06)

City Services and Environmental Policy. Favorable. Order from the City Engineer

authorizing an amended agreement and any subsequent amendments with

Diversified Technology Consultants LLC to provide shop drawings and

construction administration/construction support services for the replacement of

the State Street Bridge over the Mill River.

WHEREAS: The City has completed the plans and specifications for the

replacement of the State Street Bridge over the Mill River, and;

WHEREAS: The construction of the State Street Bridge was started in June 2009

and is in serious condition based upon an in depth inspection by the Department

of Transportation of the State of Connecticut, and;

WHEREAS: Said improvements include the demolition of the existing bridge,

replacement of the bridge, new drainage and reconstruction of the approaches to

the bridge, and;

WHEREAS: The funds for the construction and inspection of the bridge are being

funded by utilizing 80% Federal and 20% State funds under the Surface

Transportation Program for a total estimated cost of $7.775 million, and;

WHEREAS: The State requires the designer of the bridge, DTC, to provide Shop

Drawings Construction Administration/Construction Support Services for the

replacement of the State Street Bridge over the Mill River, and any design

modifications as a result of unforeseen field conditions, and;

WHEREAS: The initial agreement with DTC for Administrative and Support

services was less than $100,000.00, and;

WHEREAS: The unforeseen conditions involved the sensitivity of an existing

42-inch water line, relative to the installation of sheet piling and contaminated

ground water found on the east side of the bridge, it is expected that the cost of

these services by DTC will exceed the original estimated professional services

contract for Administrative and Support services in excess of $100,000.00 and

more than one year,

NOW, THEREFORE BE IT ORDERED, that John DeStefano, Jr., Mayor be

authorized to sign an amended agreement and any subsequent amendments

entitled "Agreement By and Between the City of New Haven and Diversified

Technology Consultants, Inc. to provide Shop Drawings & Construction

Administration/Construction Support Services for the replacement of the State

Street Bridge over the Mill River Bridge No. 03748, in an aggregate amount no

greater than $200,000.00 (two hundred thousand dollars) and over a period

ending on April 19, 2013.

Page 37City of New Haven Printed on 11/2/2010

Page 39: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

City Services and Environmental Policy. Favorable. Order granting permission to

Lauren Kendzierski of Bespoke Restaurant to install a sign over the city sidewalk

at 226 College Street.

WHEREAS: Lauren M. Kendzierski, has petitioned the New Haven Board of

Aldermen for permission to install a sign over the city sidewalk at 226 College

Street at the entrance to her restaurant, Bespoke; and

WHEREAS: Patricia Kendzierski, representing Lauren Kendzierski, attended the

March 25 meeting of the City Services & Environmental Policy Committee to

speak for the proposal, and

WHEREAS: The City Plan Commission, in Report 1438-30, recommended

Approval with Conditions.

NOW, THEREFORE, BE IT ORDERED by the New Haven Board of Aldermen that

permission is granted to Lauren M. Kendzierski to install a sign over the city

sidewalk at 226 College Street in conformance with the conditions and

recommendations contained in City Plan Commission Report 1438-30, which

Report is incorporated herein by reference. Said sign and all appurtenances

thereto shall be constructed, located and installed to the satisfaction of the City

Engineer, Building Inspector, Director of Public Works, Director of Traffic &

Parking and the Fire Marshall.

BE IT FURTHER ORDERED that in consideration of this permission, said

permission shall be subject to revocation at any time and Lauren M. Kendzierski,

her successors and assigns, shall hold the City of New Haven harmless from any

and all claims, losses, costs and damages of any nature whatsoever arising out of

or resulting from the design, construction, installation, maintenance and/or use of

said sign. Lauren M. Kendzierski shall furnish the City of New Haven with a

public liability insurance policy acceptable to the Corporation Counsel of the City

of New Haven. Such policy shall be placed in the possession of the City Clerk

before any permit for the sign is granted. The policy shall be maintained in force

by Lauren M. Kendzierski, her successors and assigns, as long as said sign is

maintained at 226 College.

City Services and Environmental Policy. Favorable. Resolution from the Mayor

approving a Sister City Agreement between the City of New Haven and the City of

Tetlanohcan, Tlaxcala, Mexico.

WHEREAS, the Sister City Program, administered by Sister Cities International®,

was initiated by the President of the United States of America in 1956 to

encourage greater friendship and understanding between the United States and

other nations through direct personal contact; and

WHEREAS, New Haven Sister Cities was established to encourage global

networking and cultural diplomacy; and

WHEREAS, the community of Tetlanohcan has met the requirements and

guidelines outlined by the New Haven Sister Cities Committee; and

Page 38City of New Haven Printed on 11/2/2010

Page 40: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

WHEREAS, in order to foster those goals, the people of New Haven, CT and

Tetlanohcan, Mexico in a gesture of friendship and goodwill, agree to collaborate

for the mutual benefit of their communities by exploring educational, economic

and cultural opportunities; and

WHEREAS, the communities agree to the exchange of resources, information,

and ideas in small business development and cultural awareness.

NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen that the City of

New Haven Board of Aldermen approves the Sister City Agreement between the

City of New Haven and the City of Tetlanohcan, Mexico.

City Services and Environmental Policy. Leave to Withdraw. Order granting leave

to withdraw to the request of the Purchasing Agent for an emergency

procurement in the amount of $19,900 for the replacement of the boiler at the

Micro Society Magnet School.

BE IT ORDERED by the New Haven Board of Aldermen that the communication

titled

"From the Purchasing Agent submitting a resolution authorizing an emergency

procurement in the amount of $19,900 for the replacement of the boiler, including

installation of a new insulated jacket and associated hardware, at the Micro

Society Magnet School," dated January 4, 2010, be and hereby is granted leave to

withdraw.

FINANCE. FAVORABLE ORDER TO READ AND FILE THE REQUIRED

BUDGETARY AND FINANCIAL REPORTS FOR THE MONTH OF JANUARY 2010 IN

COMPLIANCE WITH SECTION #62 OF THE CHARTER.

BE IT ORDERED by the New Haven Board of Aldermen that the financial report for

the month ended December 31, 2009, submitted by the Mayor pursuant to Section

62 of the Charter and Section 2-192 of the Code of General Ordinances of the City

of New Haven, Connecticut, be read and filed.

Finance. Favorable. Order from the Director of Parks, Recreation & Trees

authorizing the execution of a multi-year agreement with the Alling Memorial Golf

Club, Inc. to manage the Alling Memorial Golf Course.

WHEREAS: on June 18, 1997, the City of New Haven entered into an agreement

with the Alling Memorial Golf Club, Inc to manage the Alling Memorial Golf

Course; and

WHEREAS: Alling Memorial Golf Club, Inc. has managed the Alling Memorial Golf

Course for the past thirteen years; and

WHEREAS: Alling Memorial Golf Club, Inc. has substantially increased revenue at

the Alling Memorial Golf Course and has improved playing conditions; and

WHEREAS: Alling Memorial Golf Club, Inc was selected from two qualified

Page 39City of New Haven Printed on 11/2/2010

Page 41: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

bidders through a Request for Proposal process; and

WHEREAS: the arrangement whereby a private management company operates

the Alling Memorial Golf Course has proven successful for both the City and the

golfing public.

NOW, THEREFORE, BE IT ORDERED by the Board of Aldermen of the City of New

Haven that the five-year agreement with Alling Memorial Golf Club, Inc. is hereby

approved and the Mayor is authorized to execute said agreement on behalf of the

City.

Finance. Favorable Ordinance amendment from the Director of Public Works to

Section 17-201 of the Code of Ordinances to add public works recycling and

waste receptacle fees to the schedule of fees.

WHEREAS: Conn. General Statutes §7-148(c)(4)((H) empowers the City of New

Haven to provide for and regulate the collection and disposal of garbage, trash,

rubbish, waste material and ashes by contract or otherwise, including prohibiting

the throwing or placing of such materials on the highway; and

WHEREAS: in accordance with CGS §7-148(c)(4)((H) with Ord. No. 1557 of April

2007, the Board of Aldermen created ARTICLE XVI of the New Haven Code of

Ordinances Commercial Waste Collectors establishing a licensing requirement of

all Commercial Waste Collectors; and

WHEREAS: the Board of Aldermen, in concordance with consideration of this

Order is also considering an Order to extend those requirements to permits for

the Waste and Recycling Receptacles of those Collectors; and

WHEREAS: With the 2008 creation of the New Haven Solid Waste and Recycling

Authority, the City of New Haven Board of Aldermen established "The municipal

solid waste and recycling authority is an agency dedicated to achieving the most

environmentally sound solid waste management and resources conservation

program for the people of New Haven and the surrounding communities;" and

WHEREAS: The New Haven Solid Waste and Recycling Authority and the New

Haven Department of Public works have developed a resource conservation

strategy intended to promote recycling to advance this goal; and

WHEREAS: Connecticut General Statutes 22a-241b establishes that every person

who generates solid waste shall, in accordance with §22a-220, make provision for

the separation from other solid waste of the items designated for recycling; and

WHEREAS: Section 30¾-13 of the New Haven Code of Ordinances requires

recycling of all residential and non-residential properties; and

Whereas: Section 30 ¾- 12 Establishes that "The director of the department of

public works shall be responsible for the collection of solid waste and recyclable

items from residential buildings having no more than six (6) dwelling units"; and

WHEREAS: The Department of Public Works has the capacity to expand

collection of recyclables to many properties not currently eligible for recycling

Page 40City of New Haven Printed on 11/2/2010

Page 42: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

collections; and

WHEREAS: The Department of Public Works can cover the salary and

administrative expenses of extending recycling coverage with a small annual fee.

NOW, THEREFORE, BE IT ORDAINED by the New Haven Board of Aldermen that

Section 17-201.4 of the Code of Ordinances be amended as follows:

ADD PUBLIC WORKS FEES:

Commercial Waste and/or Recycling Collectors - Annual $340

Commercial Recycling Pickup by Public works per Bin - Annual $225

Commercial Waste and Recycling Receptacles by Size - Annually:

RECYLCING RECEPTACLES WASTE CONTAINERS: FREE

Up to 30 gallons 5.00

Up to 60 gallons 10.00

Up to 90 gallons 15.00

YARDS UP TO:

0.5 20.00

1 40.00

2 80.00

3 120.00

4 160.00

5 200.00

6 240.00

7 280.00

10 320.00

20 360.00

30 400.00

30+ 440.00

Joint Community Development/Human Services. Favorable. ORDER APPROVING

THE CITY OF NEW HAVEN'S 2010-2014 FIVE YEAR CONSOLIDATED PLAN,

ANNUAL 2010-2011 CONSOLIDATED ACTION PLAN STATEMENT OF ACTIVITIES

AND USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME

INVESTMENT PARTNERSHIP (HOME), HOUSING OPPORTUNITIES FOR

PERSONS WITH AIDS (HOPWA), AND EMERGENCY SHELTER GRANT

(ESG)FUNDS TO BE SUBMITTED TO THE DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT FOR FEDERAL FINANCIAL ASSISTANCE FOR PLANNING

AND COMMUNITY DEVELOPMENT ACTIVITIES UNDER THE PROVISIONS OF

TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 AS

AMENDED, (PL 93-383); THE CRANSTON GONZALEZ NATIONAL AFFORDABLE

HOUSING ACT OF 1990 as amended(PL 101-625); THE MCKINNEY - VENTO

HOMELESS ASSISTANCE ACT OF 2000 (PL 106-400); THE AIDS HOUSING

OPPORTUNITY ACT (PL 102-550); HEREAFTER REFERRED TO AS "HOUSING

AND COMMUNITY DEVELOPMENT PROGRAMS" AND FOR ACTIVITIES TO BE

FUNDED BY PROGRAM INCOME AND/OR REPROGRAMMING FUNDS FROM

PRIOR GRANT YEARS.

(PRESENTED UNDER SUSPENSION OF SECTION 24-1-A OF THE RULES OF THE

BOARD OF ALDERMEN)

Page 41City of New Haven Printed on 11/2/2010

Page 43: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

WHEREAS, HUD requires the submission of a planning document incorporating

housing and non-housing community development strategies in a consolidated

plan to be prepared in accordance with the process prescribed in 24CFR Part 91;

and

WHEREAS, the City has submitted to the Board of Aldermen a proposed Five Year

Consolidated Plan covering 2010 through 2014, which includes a description of

the community participation process, a needs analysis, objectives and priorities

for the five year strategy period; and

WHEREAS, the Mayor has submitted to the Board of Aldermen Fiscal Year

2010-11 budget recommendations; and

WHEREAS, under the provisions of Title I of the Housing and Community

Development Act of 1974 (Public Law 93-383), as amended, (P.L. 93-383); the

Cranston Gonzalez National Affordable Housing Act of 1990 as amended (P.L.

101-625); The McKinney-Vento Homeless Assistance Act of 2000 (P.L. 106-400);

The Aids Housing Opportunity Act (AHOA) and amended by the Housing and

Community Development Act of 1992 (PL 102-550, approved October 28, 1992);

hereafter referred to as "Housing and Community Development Programs" the

Department of Housing and Urban Development is authorized to provide financial

assistance to cities for undertaking and carrying out community development

activities on an annual basis; and

WHEREAS, under the provisions of an Act concerning Community Development,

Public Act No. 75-443, Connecticut Municipalities are authorized to undertake

community development programs in accordance with the provisions of Title I of

the Housing and Community Development Act of 1974, as amended, and Public

Act No. 75-443; and

WHEREAS, in accordance with the federal regulations requiring Consolidated

Submission for Community Planning and Development Programs (24CFR 91), the

Mayor has caused to be prepared and has submitted to this Board an Annual

2010-2011 Consolidated Action Plan, Statement of Activities and Use of Funds for

submission to the Department of Housing and Urban Development for the

purpose of obtaining financial assistance to undertake and carry out community

development activities; and

WHEREAS, the said Annual Action Plan, Statement of Activities and Use of Funds

contains activities to be funded by funds reprogrammed and/or program income

from prior years' Community Development Block Grant activities; and

WHEREAS, prior to submission to HUD of such proposed Annual 2010-2011

Consolidated Action Plan, Statement of Activities and Use of Funds the Mayor

and other public officials have heard citizen views on housing and community

development needs; and

WHEREAS, there also has been presented to the Board and approved, a Citizen

Participation Plan and information and data regarding the activities the City will

undertake and carry out during the coming year with the financial assistance

received from the Department of Housing and Urban Development under its

Housing and Community Development Programs; and

Page 42City of New Haven Printed on 11/2/2010

Page 44: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

WHEREAS, the Mayor, as part of the submission of the Annual Consolidated

Action Plan, must sign specific certifications and that such certifications include

a statement regarding Affirmatively Furthering Fair Housing and an Analysis of

Impediments to Fair Housing Choice; and

WHEREAS, the City prepared its initial Analysis of Impediments to Fair Housing

Choice in 1996, it prepared an update in 2002/2003 to reflect the release of new

census data and activities undertaken to further fair housing since 1996; and

WHEREAS, the Annual 2010-2011 Consolidated Action Plan, Statement of

Activities and Use of Funds has been on file at the office of the City/Town Clerk,

200 Orange Street, for at least thirty-five days for the purpose of public

inspection; and copies of the Consolidated Plan Statement of Activities and Use

of Funds have been made available to the public; and

WHEREAS, in February, March and April 2010, this Board acting through the Joint

Committee on Community Development and Human Resources held public

hearings pursuant to notices published in accordance with Public Act No. 75-443

at which times the views of the public with respect to the strategies, objectives

and community development activities proposed in the Consolidated Plan,

Statement of Activities and Use of Funds were communicated to this Board; and

WHEREAS, this Board has received written comments on the Annual 2010-2011

Consolidated Action Plan Statement of Activities and Use of Funds from the New

Haven City Plan Commission, the New Haven Housing Authority, the LCI Loan

Advisory Committee, the New Haven Development Commission or, has allowed

such agencies thirty (30) days to review such plans; and

WHEREAS, this Board has also received or has provided the opportunity for

written communications from various City officials and members of the general

public regarding the Annual 2010-2011 Consolidated Action Plan, Statement of

Activities and Use of Funds; and

WHEREAS, it is necessary that this Board take appropriate official action

respecting the City's Annual 2010-2011 Consolidated Action Plan, Statement of

Activities and Use of Funds which forms part of the application to the Department

of Housing and Urban Development for financial assistance under its Housing

and Community Development Programs; and

WHEREAS, this Board is cognizant of the conditions imposed upon the Mayor

and the City with respect to undertaking and carrying out community

development activities under the provisions of the Housing and Community

Development Programs, and Public Act No. 75-443; and

WHEREAS, due to possible delays by the federal government regarding grant

funding applications, retroactive agreements may be required in order to cover

services for the entire current grant year.

NOW, THEREFORE, BE IT ORDERED by the Board of Aldermen of the City of New

Haven as follows:

1. It is hereby found and determined that:

Page 43City of New Haven Printed on 11/2/2010

Page 45: City of New Havenlegsvcs.cityofnewhaven.com/meetings/2010\4/1135_M_Board_of_Aldermen...Board of Aldermen Journal of the Board of April 7, 2010 Aldermen - Final Dear President Goldfield:

April 7, 2010Board of Aldermen Journal of the Board of

Aldermen - Final

The Five Year Plan and the Annual 2010-2011 Consolidated Action Plan,

Statement of Activities and Use of Funds has been developed so as to give

maximum feasible priority to activities which will benefit low or moderate income

families and persons or aid in the prevention or elimination of slum or blight or

that the activities contemplated in the plan in whole or in part are designed to

meet other community development needs having a particular urgency which

cannot otherwise be met.

(b) There has been (i) adequate information provided to citizens concerning the

amount of funds available for activities proposed under the Annual 2010-2011

Consolidated Action Plan and the range of activities which may be undertaken

and other important program requirements, (ii) adequate opportunity for citizens

to participate in the development of the plan, and (iii) adequate public hearings by

this Board to obtain the views of citizens on community development and

housing needs.

(c) The Annual 2010-2011 Consolidated Action Plan Program will be conducted

and administered in compliance with the Civil Rights Act of 1964 and 1968, P.L. 88

-52 and P.L. 90-284, as from time to time amended, the Fair Housing Amendments

Act of 1988, P.L. 100-430, section 109 of the Housing and Community

Development Act of 1974, as amended, and Sections 31-26, 33-34, 53-35, 53-35a of

the General Statutes.

(d) The Mayor has consented to make the certifications required under

subsection (b) of Section 104 of said Housing and Community Development Act

of 1974, as amended, Section 106 of the Cranston-Gonzalez National Affordable

Housing Act; Subtitle D of the Cranston-Gonzalez National Affordable Housing

Act; Section 415 of the McKinney-Vento Homeless Assistance Act of 2000; and

Section 854 of the AIDS Housing Opportunity Act.

(e) In implementing the 2010-2011 Consolidated Plan Program the City shall

comply with the provisions of Titles II and III of the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970, P.L. 91-646, as

from time to time amended.

(f) All laborers and mechanics employed by the contractor or subcontractor on

construction of rehabilitation work, except as provided under Section 110 of said

Housing and Community Development Act of 1974, as amended, and Part III of

Chapter 557 and Part I of Chapter 558 of the general statutes, shall be paid wages

at rates not less than those prevailing on similar construction within the locality,

as determined by the United States Secretary of Labor under the provisions of the

Davis-Bacon Act, as from time to time amended; 40 U.S.C., Sections 276a to 276a-

5, inclusive, or by the labor commissioner under Section 31-53 of the federal

statutes, and all such persons shall receive overtime compensation in

accordance with the provisions of the Contract Work Hours and Safety Standards

Act, 40 U.S.C., Section 327 to 332, inclusive and Section 31-60 of the general

statutes, or where no such federal financial assistance is to be provided, then

compliance with Part III of Chapter 557 and Part I of Chapter 558 of the general

statutes, or where no such federal financial assistance is to be provided, then

compliance with Part III of Chapter 557 and Part I of Chapter 558 of the general

statutes shall be required.

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(g) In implementing the 2010-2011 Consolidated Plan Program the City shall

comply with Section 3 of the Housing and Urban Development Act of 1968 and the

implementing regulations at 24 CFR Part 135. Section 3, as amended, requires

that economic opportunities generated by certain HUD financial assistance for

housing and community development programs shall, to the greatest extent

feasible, be directed to low and very low income persons, particularly those who

are recipients of government assistance for housing, and to businesses that

provide economic opportunities to low and very low income persons.

In implementing the 2010-2011 Consolidated Plan Program the City shall comply

with notification, inspection, testing and abatement procedures concerning

lead-based paint as required by 24 CFR 570.608.

In implementing the 2010-2011 Consolidated Plan Program the City shall comply

with provisions of Executive Order 12372, Intergovernmental Review of Federal

Programs.

2. That the Five Year Consolidated Plan has had an opportunity for citizen

comment as outlined in the City's Citizen Participation Plan

3. That the Five Year Consolidated Plan complies with the requirements of the

U.S. Department of Housing and Urban Development and other applicable

provisions of the law and regulations, subject to the securing of further local

approvals which may be required.

4. That the Annual 2010-2011 Consolidated Action Plan, Statement of

Activities and Use of Funds as approved by this Board, complies with the

requirements of Title I of the Housing and Community Development Act of 1974,

as amended, (PL 93-383); the Cranston Gonzalez National Affordable Housing Act

of 1990 as amended (P.L. 101-25); the McKinney-Vento Homeless Assistance Act

of 2000 (P.L. 106-400); AIDS Housing Opportunity Act (AOHA) and amended by

the Housing and Community Development Act of 1992 (P.L. 102-550); hereafter

referred to as "Housing and Community Development Programs" Public Act No.

75-443 and other applicable provisions of the law and regulations subject to the

securing of further local approvals, such as urban renewal plan amendments,

which may be required.

NOW, THEREFORE, IT IS ORDERED that the Five Year Consolidated Plan, the

Annual 2010-2011 Consolidated Action Plan, Statement of Activities and Use of

Funds having been incorporated in this Order by reference, is hereby approved

and the Mayor is authorized and directed to take all steps necessary to undertake

and carry out the community development activities described in said plan.

IT IS FURTHER ORDERED that the Mayor is authorized and directed to take

whatever steps necessary to secure the approval of the Five Year Consolidated

Plan, Annual 2010-2011 Consolidated Action Plan, Statement of Activities and Use

of Funds and the City's application for financial assistance to the Secretary of

Housing and Urban Development and make such other applications as are

necessary to secure community development funds required by this City,

including advances, discretionary and transition funds as authorized under the

Housing and Community Development Programs.

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IT IS FURTHER ORDERED that the Mayor is authorized to enter into contractual

agreements and/or amendments irrespective of fiscal year expenditure

restrictions and other ordinance restrictions in order to insure performance of

approved community development activities.

IT IS FURTHER ORDERED that express approval for the Mayor to enter into an

agreement with a start date that relates back to the commencement of the current

grant year regardless of when approval is obtained is hereby approved.

IT IS FURTHER ORDERED that the Mayor is authorized and directed to certify or

give assurances, on behalf of the City, to the Secretary of Housing and Urban

Development as to the matters determined and found by this Board.

IT IS FURTHER ORDERED that in the event financial assistance is made available

by the State of Connecticut under the provisions of Public Act No. 74-443 or

related legislation to support the community development activities contemplated

under the Annual 2010-2011 Consolidated Action Plan, Statement of Activities and

Use of Funds approved by this Board, that the Mayor is authorized to take

whatever steps as are necessary to secure such financial assistance.

IT IS FURTHER ORDERED that CDBG public service contracts which not been

executed by December 1, 2010 will be reprogrammed in program year 2011-2012.

These reprogramming funds will be allocated only to organizations that

submitted applications for CDBG public service funding in 2011-2012. The

reprogramming allocations will be recommended by the Mayor and approved by

the Board of Aldermen.

IT IS FURTHER ORDERED that pursuant to the Consolidated Plan application

requires, prior to the authorization for and/or release of funding, all agencies and

organizations receiving Consolidated Plan funds through the City must be current

on all municipal taxes; provide proof of fiscal accountability including the filing of

all federal tax forms 990 or 990EZ and the completion of the annual audits as

required; and clear of all significant audit findings. These requirements must be

met no later than the start of the program year, July 1. If an agency is unable to

fulfill these requirements, funding shall be reprogrammed.

SECOND READINGS

Public Safety. Favorable.

Resolution from the Chief Administrative Officer authorizing the application to

and acceptance of $1,132,968.07 from the Department of Homeland Security, Port

Security Grant Program, to purchase and equip a chemical, biological,

radiological, nuclear, explosive maritime vessel for protection, response and

recovery within the Port of New Haven.

Resolution from the Chief Administrative Officer authorizing the application to

and acceptance of $1,219,375 over a two year period from the Federal Emergency

Management Agency (FEMA), Staffing for Adequate Fire and Emergency

Response (SAFER) grant program, for the purpose of hiring nine

firefighters/paramedics for vacancies lost through attrition.

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The favorable reports of the Public Safety Committee recommending passage of

the proposed resolutions, as printed on pages 180-181 of the Journal of the

Regular Meeting of the Board of Aldermen held on March 15, 2010, were read for

the second time and upon motion made and duly seconded, it was voted, viva

voce, that said reports be accepted and proposed resolutions be adopted, and it

was so declared by the Chair.

Note: Alderwoman James-Evans was absent from the Chamber at the time of the

vote.

Alderman Rhodeen: "Colleagues, this grant request currently requires a 25

percent local match. However, the city has applied for a waiver. If that waiver is

granted and the grant issued, they would proceed with the purchase of this boat,

which would become the first fire boat that the city's had in 20 years, and also

the only one located between New York City and Boston. However, if that waiver

is not granted, the city will not accept the grant and will not push for the boat. I

urge your support."

Tax Abatement. Favorable.

Order approving a petition from Benita Lee for abatement (deferral of collection)

of taxes due on her residence known as 596 Central Avenue, Grand Lists of 2008

and 2009.

Order approving a request from Juan Paris for abatement (deferral of collection)

of property taxes due on his residence known as 415 Ellsworth Avenue, Grand

lists of 2007, 2008 and 2009.

Order approving a petition from Ardell E. Tucker for abatement (deferral of

collection) of taxes due on her residence known as 290 Division Street, Grand List

of 2008 and 2009.

Order approving a petition from Naomi M. Kantrow for abatement (deferral of

collection) of taxes due on her residence known as 16 Kohary Drive, Grand List of

2009.

The favorable reports of the Tax Abatement Committee recommending passage

of the proposed orders, as printed on pages 181-185 of the Journal of the Regular

Meeting of the Board of Aldermen held on March 15, 2010, were read for the

second time and upon motion made and duly seconded, it was voted, viva voce,

that said reports be accepted and proposed orders be passed, and it was so

declared by the Chair.

Note: Alderwoman James-Evans was absent from the Chamber at the time of the

vote.

Alderman Blango: "This first request is from Mrs. Lee, a resident of the City

of New Haven, who is asking to have the city property tax on her home abated.

During the Tax Abatement Committee meeting on March 9th, Mrs. Lee told the

committee that she was unable to pay her city property tax. The Tax Abatement

Committee determined that Mrs. Lee is eligible for the City of New Haven's Tax

Abatement Program and I urge you to vote in favor of her request. I urge your

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support.

This second request is from Mr. Parris, a resident of the City of New Haven, who

is asking to have the city property tax on his home abated. During the Tax

Abatement Committee meeting on March 9th, Mr. Parris told the committee that

he was unable to pay his city property tax. The Tax Abatement Committee

determined that Mr. Parris is eligible for the City of New Haven's Tax Abatement

program. I urge you to vote in favor of his request.

This third request is from Ms. Tucker, a senior resident of the City of New Haven,

who is asking to have the city property tax on her home abated. During the Tax

Abatement Committee meeting on March 9th, Ms. Tucker told the committee that

she was unable to pay her city property tax. The Tax Abatement Committee

determined that Ms. Tucker is eligible for the City of New Haven's Tax Abatement

Program and I urge you to vote in favor of her request. Thank you.

This fourth and last request is from Mrs. Kantrow, a retired resident of the City of

New Haven, who is asking to have the city property tax on her home abated.

During the Tax Abatement Committee meeting on March 9th, Mrs. Kantrow told

the committee that she was unable to pay her city property tax. The Tax

Abatement Committee determined that Mrs. Kantrow is eligible for the City of New

Haven's Tax Abatement program. I urge you to vote in favor of her request.

Thank you."

TAX ABATEMENT. FAVORABLE. Ordinance amendment from the Corporation

Counsel to Chapter 28 of the New Haven Code of Ordinances regarding the

classification of Tower One, 18 Tower Lane, New Haven, as a property used for

housing solely for low or moderate-income persons or families in accordance

with Section 8-215 of the Connecticut General Statutes.

The favorable report of the Tax Abatement Committee recommending passage of

the proposed ordinance amendment, as printed on pages 185-186 of the Journal

of the Regular Meeting of the Board of Aldermen held on March 15, 2010, was

read for the second time.

Alderman Blango: "This Ordinance Amendment is to comply with State Statutes

by recognizing the Tower One property as a low or moderate income housing

property. By designating this property it becomes eligible for state

reimbursement for lost property taxes. Because of this I ask that you approve the

ordinance amendment and I urge your support. Thank you."

Alderman Goldson: "I am a little frustrated by the process that we're using

this evening. I think this is a good corporation and I think it does good things. I

know people who live there and I want to be able to support this. The problem

that I have is that there's no one here from the administration to explain this to

us. We have questions. One of the main questions we had in caucus was the

state is supposed to reimburse us for the full assessment. Well, what happens if

the state doesn't reimburse us for the full assessment? Does that mean that we

take a loss? Does it mean that we could possibly get part of tax fees from Tower

One? We don't have the answers to the questions. It's frustrating that we're

making decisions tonight without that information. I don't understand why the

administration is not here. I want to go on record that I am extremely frustrated

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that they're not here. I still don't understand why they're not here, and I'd like for

them to explain to you, Mr. President, in writing, eventually, why they weren't here

this evening to explain this to us. Thank you, Mr. President."

Alderman Perez: "Through you, Mr. President, to the chairman of the

committee. If we delay this at this meeting, is there something bad that will

happen? I would think that if we delay this 10 or 12 days until the next board

meeting, it's not going to get foreclosed. No foreclosure works that fast. So I was

just wondering if the chair would know that, because I agree, we should not be

voting on something we don't understand."

Alderman Blango: "I do know that we asked those same questions in

committee. From my recollection if I understand this right, it was time-sensitive to

get the money back to be in compliance. But nevertheless, that was one of the

questions that we were asking, why we were not in compliance, and that was

when someone from the Tax Office gave us that particular input."

Alderwoman Colon: "I'm standing up in support of passing this, only because

when their tax abatement wasn't renewed the last time, there was a bad

after-effect. Some of the people, some of the residents who live in this

subsidized building, which is Tower One - there are two buildings there - Tower

One and Tower East. Tower One had residents with very serious income

problems. They are seniors on fixed incomes. Some of them had to move out. We

had 25 seniors that had to move out, go back to their children, or find other

accommodations, which was a little bit difficult for them.

So I'm not trying to give anyone a guilt trip, and I do agree that we need

answers. We have to be fiscally responsible for not just these constituents, but

also the whole entire state. Times are bad. But there would be ramifications, I

believe, if this abatement doesn't go through as scheduled, because everything

travels on a fiscal year. If Tower One management doesn't get this abatement,

they will have to pass on whatever operating expenses they have, and they have

increased since the last time. But I think it will mean that some seniors will have

to wait. I'd just like to put that on the floor."

Alderwoman Castro: "I stand to support this, and secondly to say something.

We here in the city represent our constituents. As a matter as delicate as this one,

it has to come in a way that the administration and we can really communicate

what the answers to all of these questions are. But in the meantime, our formost

responsibility is to make sure that there's stability and that communities are

strong, especially in a time like this.

So on that note I am supporting this, but I am sending a message out to

whoever needed to be here to answer questions. It's about responsibility. It

appalls me to know that something as delicate as this, we're talking about people,

humans, the elderly, who have worked for a number of years and now they're

retired. We should have answers on this process. And for that, I'll just put it out

there in the hope that when we make a decision, that we really think about our

elderly."

Alderwoman Calder: "I just have a question through you, Mr. President, to the

Vice-Chair of the committee. Could you actually clarify what the actual deadline is

so we can make this decision as to whether or not we're going to move forward."

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Alderman Blango: "I do not have that date. But to reiterate what Alderwoman

Colon said, they did not have the deadline, but I can get the date, the deadline

that if we withhold this the seniors would have to move out. It's like we missed

the deadline, and I don't have that date. I did have it at the committee when they

were speaking. But it's way passed the time. We should have been in compliance.

It's going to affect the seniors."

Alderwoman Calder: "Let me be clear. We're passed the deadline when we

should have instituted this.

Alderman Blango: "Yes. That's why we put this ordinance in, to be compliant.

I don't have that date but I think we have time to get this in. And that's why they

said that they would meet the deadline if we agree in this board meeting. I think it

was by the end of April. That a probability."

Alderwoman Calder: "Mr. Vice-Chair, I definitely think that we should support

this organization. However, I am very concerned that we don't have the answers

to the questions. What happens if, in fact, the state is unable to cover its end of

the deal? I would submit that we consider what the impact would be of potentially

tabling this until our next meeting. I'm not sure what that is, being that we have

already passed the deadline as the Vice-Chair of the committee mentioned. But

that is what I would submit for the body to consider. Thank you."

Alderwoman Jackson-Brooks: "I think Alderman Blango covered it. We have

long since passed the original deadline. I'm not sure about what extensions we

might have been given and what the impacts to those are. But I think that

Alderwoman Colon has already told you what the impact of missing the original

deadline was - several seniors had to leave their homes. Mr. President, if you

would please do something about staff not being available to the Board of

Aldermen for these kinds of issues. If this goes down, we've got some seniors

who are not possibly going to have a place to live simply because someone who

gets paid pretty good money isn't here to respond to the questions. Alderman

Perez has already asked you to write a letter or something, but something has got

to be done about this. As I said, Alderman Blango did really answer the question.

Those of you remember the executive director lobbied us quite a while ago on

this issue. Thank you, Mr. President."

Alderman Goldson: "A couple of points and then I have a question for you.

The point that I want to make here is I want to make sure that everybody

understands that I support this. I actually have relatives who live in both of those

buildings. And the question I have for you is I don't know if I'm supposed to

abstain from this or

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from this or not. I do have relatives that work in this building. I do support this. I

know for a fact that before I even joined this body, that the administration was

being lobbied by Tower One and Tower East to get this done. I can sign a petition

to do that. So I don't understand why all of a sudden we are up against a deadline.

I don't understand that. So I guess someone eventually will explain it to me. But

my question to you is, do I need to abstain from this?”

President Goldfield: “I don't believe you do need to abstain because this is

not going to be anything personal to view unless you're anticipating an

inheritance.”

Alderwoman Castro: “I rise to ask a question. Is there a possibility that we

can take a few minutes to break until we find somebody who can answer some of

these question.?”

President Goldfield: “That is a possibility if somebody would be showing up.

I don't want to delay this meeting for a half hour waiting for somebody to drive

down here. So I guess I'm going to say 'no' because I don't see anybody out

there and don't anticipate anybody is going to show up”

Alderwoman Colon: “I'd just wanted to give some clarity to the question of

what will happen if this isn't passed. Whether it's passed now and it meets the

deadline for some state agencies, fine, well and good. If it doesn't pass, the

increase in the rents of some of the tenants will surely happen and that will have

an adverse affect on some of the seniors. But everyone here should vote their

conscience not because it's in my ward, but because it's like Alderwoman Castro

has said earlier, it's because human beings are being severely affected by this

and by our response to this application.

I imagine that if it is passed at some time in the future and the state does not

reimburse the city for the abatement, I guess the city can go back to Tower One

and tell them we didn't get the money. You'll have to pay us. I don't know what

the lawyers have agreed upon between the city and the managers/ owners of this

non-profit building. I imagine that the city can ask the Tower One managers and

the owners to come up with the difference. Of course I don't know what is in

place to mandate that they pay the city whatever the difference is going to be due.

I don't have a crystal ball on that. I wasn't in on the negotiations. I just know that

seniors will be forced to pay more should this abatement not go through. If

anyone has any questions about what's going to happen, rents are going to go up

and some people might have to leave if this abatement doesn't go through. Thank

you.”

Alderman Perez: “I want to go on the record making it real clear that I am not

suggesting that people not vote for this. My question was more to the point of is

there whether we vote on it today or at the next board meeting; is there some

negative consequences?

I doubt very much that people would be forced to move in the next 15 days.

First of all, you won't be able to get a moving truck and a lot of stuff together, and

you won't be able to be even served with notices and go through the whole

process in that short period of time. But I don't know what other consequences

there are. So my question was what happens if we don't approve this as much as

what happens if we delay it until the next board meeting so that we can get the

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answers that some colleagues have. For instance, I'm an alderman, not that this

is only a Hill issue. The alderwoman from the 6th Ward is the alderperson of this

area, and she hasn't even been consulted either. I'm not asking people to vote

against it. But what happens if we do. We need the answer. What happens if we

simply delay the decision to the next board meeting? Thank you.”

Alderman S. Rodriguez: “Is there a way to just pass over this for the moment

to the end agenda and see if we can try to reach the corporation counsel now.

There's a family member who's ill in his family and that's one of the challenges.

They are trying to reach him now. Maybe we can get the question answered. I

don't know if we are going to be able to get this particular question - whether the

state will or won't reimburse - answered.”

Alderman Didine: “I just wanted to again ask through you to the vice-chair of

the committee who's here tonight, if he has anything else from his memory or

recollection of the meeting to add to what is seemingly a favorable

recommendation to our body to pass this, this evening. Thank you.”

Alderman Blango: “Once again when you're a non-profit organization you

have to be in compliance with the state. To do so that they are supposed to file

this particular document. They didn't do it. That's why they had to go to the tax

abatement committee. By this being relevant to a fiscal year, if you hold it up,

time will pass and the monies that they need to make up for this will have to be

procured by charging the seniors who live there. It's not the seniors' fault that

Tower One did not file the proper documentation. The state told them that they

had to come back here to the tax abatement committee and if the tax abatement

committee approves it, the state would give an extension. Would that extension

would be in jeopardy if we wait for the next board meeting? I know it was testified

that action was needed before either the end of April or May. If we don't beat that

deadline the opportunity won't be there until next year because we did not do

what we needed to do for it to filed in time. Voting on this tonight is a small price

to spend on the seniors. One thing you better realize, you 're going to get old, and

you will ask somebody to advocate for you when you get old.

So all I'm saying is that it doesn't make any sense to punish a senior over

paperwork. If we have to eat some of this cost, then we should eat it. I think we

will get reimbursed, that's the point of the process. But just remember, the

bottom line is that the any costs falls on the seniors. Like the colleague from the

4th ward said, we want our seniors here for the future. I know that I kept asking

what the deadline was but I didn't know there would be such a great fuss. I agree

we should have had the paperwork explaining that here, tonight but I just want to

leave with you that any negative consequences only punish the seniors.”

Alderman Lehtonen: “Is there anyone that knows any past history when

something like this happens and the state didn't reimburse the city for anything

like this? Is there any history we can fall back on say if we don't pass this or if we

do and then the state doesn't come through with the money?”

Alderman Lemar: “With great respect for the number of questions and

concerns that my colleagues have, I'll tell you why I'm voting in favor of this

tonight. I care passionately about the public housing law, I care passionately

about the state statutes that empower cities, municipalities, small towns, the

state as a whole to offer favorable tax deals for conferences that create affordable

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housing for low and moderate-income families. In this particular instance, we're

creating it for the most vulnerable of our population. While there can be some

concern about whether or not we are compensated adequately from the state for

the consideration that we've given to Tower One, I do not believe those concerns

and the questions rise to change my commitment to vote on this. While there may

be points of interest for me, I wouldn't mind finding out at a later date whether or

not there were some costs to the city to support this. I don't think it can affect my

vote either tonight or in the future. This is a total policy that we should be

supporting. This is a total policy we should be concerned about, whether or not

the state ultimately reimburses us enough money. I think this board and the city

supports how Connecticut offers this type of deal to support public housing. I

am proud to support this ordinance amendment and I'm proud to support whether

it's Tower One or any company who wishes to create housing of this magnitude

and this number for this population. I think we should support them in any way

we can, and that's what we're voting here this evening.”

Alderman S. Rodriguez: “I've just been informed that Mr. Bolden would be

available on the phone if someone would like to call him with the questions.”

President Goldfield: “I suppose we can skip over this vote, take a recess and

have the conference call with the Corporation Counsel.”

Alderman S. Rodriguez: “I just wanted to add that Mr. Bolden does have an ill

family member. So it wouldn't be a long call.”

Alderwoman Castro: “I feel that there is a sense in the room that people feel

comfortable in supporting our seniors. But when we're making a decision

especially for really poor people it's not responsible to put the pressure on us as

aldermen when we don't have all the complete answers. So this is a precedent

for the future that if you're not coming or you're not going to be present,

somebody should be here that is able to answer questions. So on that note I just

wanted to say let's make this decision for our voters and the most vulnerable, the

seniors. We have to make sure that that happens regardless of whatever

meetings we're going to have.”

Alderman Didine: “Mr. President, I would just like to express my thanks to the

members of the committee, through you, especially the Vice-Chair who's spent

time testifying to what the committee did and the information and testimony that

they took on this matter. I guess I would ask one last time through you to

Alderman Blango, Vice-Chair of the committee, if he can fill us in a little bit more

on who they might have relied on at that meeting. I would appreciate that. Thank

you.”

Alderman Blango: “I wanted to say that we had Corporation Counsel here. In

addition to that we also had the young lady from the Tax Office. When we talk

about responsibility we also had three meetings so anyone could have attended

one of the meetings. I just want to go on record that we had a communication.

We had a first reading. We have it as a second reading. We had the hearings. I am

saying that for clarification, so that you know that we have been responsible and

fiscally responsible I know that this is time-sensitive. Whatever the Corporation

Counsel is going to say is just a clarification of the deadline date. I do know that

we have passed the first date. Now is the date that we need. I think that the other

clarification sought is to the question of if we don't get reimbursed, what

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happens. Well if that is why you're not going to support it, then colleagues vote

your conscience.”

Alderman Goldson: “Mr. President, I think it's clear from this discussion that

most if not all aldermen here are going to support this. Raising questions doesn't

mean that we're not going to support it. I don't think it's good public policy to

make decisions based on valid information, that's not all the information. I've

never been to a Board of Aldermen meeting where there was not a Corporation

Counsel member here, whether it was the director of that department or one of

his employees. The point here isn't whether we're going to get fully reimbursed or

not, even though that's a good question, because the taxpayers are going to pay

this if we don't get fully reimbursed. The question is why isn't the administration

here to answer these questions? That's a simple answer. Corporation Counsel

may not be available, but he has staff that is. And this is not the only issue on the

agenda where we have questions that we don't have someone here to answer.

We shouldn't spend more than five more minutes on this item. I'm ready to move

on and I'm sure most people here are ready to move on. But I feel that this point

is going to come back again in this meeting and this point is, where is the

administration with the answers we need to make good policy decisions.”

Alderman S. Rodriguez: “I was in that committee as well, and the committee

did hear testimony from the administration. Since we voted favorably for it, we all

felt that it was sufficient enough information to be able to move on this. Now

that's the work of the committee and that's what it's supposed be doing.

Otherwise we shouldn't even have committees. We should just individually ask

everyone what it is that we need to find out because the committee isn't going to

be able to figure this stuff out. Also this information has been sent out in

advance. So if you do have questions you can always pick up the phone and call

the city administrator to try to find out an answer. Now if you don't get an answer

there, then I absolutely agree, we've got some real challenges then with what is

going on here. But if you have the information in advance, you should be calling

the city people who can give you the answer. Try to find out the answer before

you get here if you're not on the committee, or come to the committee meeting

and find out what's going on. The committee did move to favorably pass this and

move it ahead to the full board. I think we need to respect the work of the

committee.”

Alderman Goldson: “Mr. President, I respect the work of the committee. I'm a

little confused though. I believe that the committee is supposed to come back and

have the answers for us. If they don't have the answers for us, then the

administration should be here to have answers for us. But someone should have

the answers. Saying that because they had a public hearing and because it was

on the agenda, we should know the answers is not fair. We can't have the

answers to all this stuff all the time. So we come here and we sit in caucus and

we ask questions. And hopefully we have our answers before we get out of

caucus. If we don't, we go open a public meeting and then we ask more

questions. If we don't have the answers there, then we have a problem.

Yes, the committee felt good about booing this out, but apparently they don't

have the answers. So someone should be here to give us the answers, Mr.

President.”

Alderman Blango: “I think that my colleague from the 4th Ward put it so

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eloquently that in the future, can we look into having staff here who can resolve

this issue.”

ORDINANCE AMENDMENT ENACTED.

Upon motion made and duly seconded, said ordinance amendment was put to

a roll call vote, which resulted as follows:

Those voting “AYE”: M. Jones, Calder, Jackson-Brooks, Perez, Colon, Clark,

Lemar, Elicker, O'Sullivan-Best, Antunes, Rhodeen, Bauer, Castro, Paolillo,

DePino, Blango, K. Jones, Morehead, Paca, Dildine, S. Rodriguez, Lehtonen,

Robinson-Thorpe, Goldfield and Goldson - 25.

Those voting “NO”: 0.

Said ordinance amendment was enacted by a majority vote of the Board of

Aldermen, and it was so declared by the Chair.

Note: Alderwoman James-Evans was absent from the Chamber at the time of the

vote.

TAX ABATEMENT. FAVORABLE. Ordinance from the Corporation Counsel

amending the New Haven Code of Ordinances for the purpose of providing an

abatement of real estate taxes for Tower One, 18 Tower Lane, New Haven and

authorizing the Mayor to enter into a tax abatement agreement with the owner of

Tower One and a reimbursement agreement with the State of Connecticut in

accordance with Sections 8-215 and 8-216 of the Connecticut General Statutes.

The favorable report of the Tax Abatement Committee recommending passage of

the proposed ordinance amendment, as printed on pages 186-187 of the Journal

of the Regular Meeting of the Board of Aldermen held on March 15, 2010, was

read for the second time.

Alderman Blango: “This is the ordinance amendment change needed to make

this happen. I ask that you approve the ordinance amendment and I urge your

support. Thank you very much.”

Alderman Goldson: “I have a question through you, Mr. President. This is an

ordinance amendment, it was already part of the Code? So does this just change

the date or is there something else we are changing.”

Alderman Blango: “No, you are absolutely right, nothing else.”

ORDINANCE AMENDMENT ENACTED.

Upon motion made and duly seconded, said ordinance amendment was put to

a roll call vote, which resulted as follows:

Those voting “AYE”: M. Jones, Calder, James-Evans, Jackson-Brooks, Perez,

Colon, Clark, Lemar, Elicker, O'Sullivan-Best, Antunes, Bauer, Castro, Paolillo,

DePino, Blango, K. Jones, Morehead, Paca, Dildine, Lehtonen, Robinson-Thorpe,

Goldfield and Goldson - 24.

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Those voting “NO”: 0.

Said ordinance amendment was enacted by a majority vote of the Board of

Aldermen, and it was so declared by the Chair.

Note: Alderpersons Rhodeen and S. Rodriguez were absent from the Chamber at

the time of the vote.

Tax Abatement. Leave to Withdraw. Order granting leave to withdraw to the

request from Lloyd Parchment for a delay in collection activities for personal

property at the Jamaican Gourmet Coffee Roasting Company at 380 East Street.

The unfavorable report of the Tax Abatement Committee recommending leave to

withdraw for the proposed order, as printed on page 187 of the Journal of the

Regular Meeting of the Board of Aldermen held on March 15, 2010, was read for

the second time and upon motion made and duly seconded, it was voted, viva

voce, that said report be accepted and proposed order be given leave to

withdraw, and it was so declared by the Chair.

MISCELLANEOUS

MOTION TO AMEND A MATTER PREVIOUSLY ADOPTED.

Alderwoman Jones made a motion to approve the following motion to amend,

which motion was duly seconded.

From Alderman Perez submitting on behalf of the Livable City Initiative a motion

to amend the land disposition agreement for the property known as 15 Hurlburt

Street, originally approved November 19, 2007 and first amended September 21,

2009, by changing the expiration of the order from January 31, 2010 to July 31,

2010.

MOTION TO AMEND A MATTER PREVIOUSLY ADOPTED PASSED.

Upon motion made and duly seconded, said motion to amend the above-entitled

matter previously adopted passed by a viva voce vote, and it was so declared by

the Chair.

April 7, 2010

Hon. Carl Goldfield, President

Board of Aldermen

City of New Haven

Dear President Goldfield,

Enclosed please find a “Motion to Amend a Matter Previously Adopted” by the

Board of Aldermen at its November 19, 2007 and first amended on September 21,

2009. I am submitting this at the request of LCI per the normal standard

procedure related to this type of change. This motion serves only to extend the

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expiration date at the disposition of 15 Hurlburt Street for 6 months from January

31, 2010 to July 31, 2010.

Yours Truly,

Hon. Jorge L. Perez

Ward 5, Alderman

ORDER OF THE BOARD OF ALDERMEN APPROVING THE AMENDMENT TO THE

LAND DISPOSITION AGREEMENT FOR THE PROPERTY KNOWN AS 15

HURLBURT STREET, ORIGINALLY APPROVED ON NOVEMBER 19, 2007 AND

AMENDED SEPTEMBER 21, 2009, BY CHANGING THE EXPIRATION OF THE

ORDER FROM JANUARY 31, 2010 TO JULY 31, 2010.

BE IT ORDERED by the New Haven Board of Aldermen that the land disposition

agreement for the property known as 15 Hurlburt Street , As referenced in the

attached, which is incorporated herein by reference, previously approved by the

Board of Aldermen on November 19th , 2007 and amended on September 21,

2009 in accordance with the procedure established by the Board of Aldermen on

September 5, 2006 and amended on July 6th, 2009 and approved subject to

conditions of the City Plan Commission reports submitted with said list, is hereby

amended to extend the expiration of the Board of Aldermen order from January

31, 2010 to July 31, 2010.

MISCELLANEOUS REMARKS

POINT OF PERSONAL PRIVILEGE.

Alderwoman Jackson-Brooks: “At the risk of beating a dead horse Mr.

President, please, again, I request that you send something in writing to the

administration expressing our concern about having appropriate staff to help us

deal with issues as we move through our agenda at every meeting. Please, I

would appreciate it. Thank you.

Alderman Goldfield: “I will do that.”

Alderman Dildine: “I would like to just ask my colleagues to endeavor to

communicate more between meetings. I think that would benefit all of us greatly.

Thank you, very much.”

Alderwoman Calder: “I need to echo the sentiments of my colleague,

Alderwoman Jackson-Brooks. I just wanted to make a potential suggestion. Is

there any way that the heads of the departments in the administration could

potentially put together some type of on-call schedule for any of our meetings so

that we'll know who the representative is that we should be contacting with

questions? They can determine who that person would be, but that there will

always be someone available whether they're here or at the on-call number.

The second thing is that I'm sure that our colleague from the 24th ward will

probably rise to speak on this. I'm sure that all of you are very well aware that at

this point in the City of New Haven we are experiencing a food desert with the exit

of Shaw's Supermarket. While a number of people are working very diligently to

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bring a replacement supermarket to the area, we still at this point in time don't

have a local resource where people can go and purchase quality affordable foods.

So, the two of us with a number of other folks in the community are working very

hard. Local businesses are actually providing vans to bring people to food and

bring food to people. We are organizing a ride sharing program to bring people

who need transportation to stores in the area. We are also organizing ordering

food through mechanisms like Peapod. Please speak to the colleague from the

24th Ward or me if you are interested in learning more or helping to support

these efforts. Thank you.”

Alderman Lemar: “While it's much more fun to beat up on the administration,

I actually want to rise to call attention to and thank them for reintroducing the

street level pedestrian signs throughout the city at several locations. We had

members of the Board of Aldermen who were at many corners informing

constituents and informing passers by of the importance of street pedestrian

signs and driver safety and the way to make the city more livable and more

drivable for all of us who are walking to and from our homes, our shops and

schools. I think it's an incredible effort brought by the administration to raise the

awareness and importance of how to save lives. I know that there were a number

of colleagues who were out in the blazing sun. I got myself a little sunburn today.

Two particular people took hazardous intersections that I don't know what they

were doing saying yes to. Our colleague from Ward 8 took the corner of Court and

Olive Streets which is a dangerous place, but he did well. The colleague from the

10th Ward took the intersection of Trumbull and Lincoln Streets. The colleague

from the 11th Ward didn't get to meet many people but got to impact a lot of

passers by on Middletown Avenue. These intersections see a large number of

crashes, of near-misses. We were able to impact behavior and ultimately impact

vulnerability on the streets. So I appreciate all my colleagues' efforts. So thank

you all.”

Alderman Paca: “I just want to reiterate what the colleague from the 2nd ward

just spoke about. New Haven doesn't really have a close full service supermarket

in a couple of miles radius of downtown. What we're trying to do is to come up

with some feasible solutions that we can implement. The elderly as well people

without transportation can't get to a supermarket. What I did was put together a

plan along with Whalley Avenue Special Services District and the Dwight

Development Corporation who are strongly supporting this initiative to help

people get food. I think it's an important matter. I think we need to look at it as a

full board.

Secondly, I want to just very quickly give a personal shout-out to the Joint

Community Development/Human Services Committee. We had a great CDBG

process this year that was open and transparent. We were able to help out a lot

of people. I'm proud to say that we took care of everybody who had requests

even our esteemed colleague from the 30th Ward. That being said, I look forward

to passing the amendments as proposed as soon as possible. I urge everybody's

support. Thank you.”

Alderman Goldson: “Mr. President I don't consider asking the administration

to be at the board meetings twice a month to answer our questions to be beating

up on the administration. I think they do a lot of good things. Tonight they didn't

do some good things. I hope based on the comments of our colleagues from the

4th and the 2nd Wards that we do address that issue in writing to the

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administration. Thank you.

Alderman Elicker: “I just wanted to add an additional comment about the

frustration about the administration not being here to answer questions. I do

think it's a two-way street. We have seen the agenda that's in front of us. Most of

the agenda for three weeks sometimes even more than a month, and we've had

time to ask these questions ourselves. At the same time particularly with the

suspension agenda, I think it's critical that members of the administration are

here to answer those questions, because those are questions that we have

developed in the last hour or two, because this is the first time we've seen the

suspension agenda. But I would like to urge my colleagues and echo the

colleague from the 25th Ward's comments. It's a two-way street and it's

incumbent upon us to ask questions. It's also incumbent upon the administration

when submitting things of a last minute nature to be here to answer questions.”

Alderman Lemar: “Just fill out your census.”

Alderman Goldson: “I'd like to agree with my colleague from the 10th Ward. It

is a two-way street. That's why I sent a request today by e-mail to have those

people available to answer my questions. So this is not just something that

happened where I was coming to the meeting tonight to ask questions. I asked

them to have their staff get the answers to these questions.”

Alderwoman Castro: “As we're getting ready to go I just want to say that I

received all the information I needed. However, some of the things that

colleagues really needed some answers to were the last minute matters

presented to us. It is a two-way street, but when something's presented at the

last minute we're entitled to ask questions. The other part was the part that some

of the colleagues mentioned that they requested information including the

Alderman from Ward 4. And that information we are still waiting on. Mr.

President please make our point clearly that we asked for answers. Yet some

answers were not here in a timely fashion. Nobody was here to provide those

answers. If they are in the future, it will make it better and allow us to make the

best responsible decision.”

ADJOURNMENT

ADJOURNED 8:13 p.m.

ATTEST: RON SMITH

City Clerk

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