city of derby board of aldermen

City of Derby

Board of Aldermen

First Ward Second Ward Third Ward

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

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

Stephen M. Iacuone Ronald M. Sill Tony Staffieri

Board of Alderman Meeting Minutes

Aldermanic Chambers, City Hall

1 Elizabeth Street, Derby, CT

April 28, 2016

1. Call to Order.

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

2. Pledge of Allegiance.

Mayor Dugatto led the Pledge of Allegiance.

3. Roll Call.

Mayor Dugatto requested roll call.

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

Sill, Mr. DiCenso. Mr. Olenoski was absent and Mr. Staffieri arrived at 7:10 PM.

4. Additions, Deletions, Corrections and Adoption of Agenda

Mr. DiCenso motioned to delete item 8.1.4 and replace it with a new item 8.1.4 Derby Avenue Discussion & Possible

Action. Ms. DeGennaro seconded and the motion carried.

5. Public Portion

Tom Lionetti, Sunset Drive – Asked about allowing kayaks at Witek Park. He stated she said no. The Mayor stated she

didn’t recall stating no. Mr. Gerckens said that the Parks and Recreation Committee was looking into it and it had been

referred to corporation counsel. Attorney Welch said that the deed is in the Aldermen’s packet tonight for review.

Juan Rivera, 101 Hawkins Street – Spoke about kids vandalizing property in his neighborhood. He thanked the Board

for their support in removing the basketball hoop, but stated that the area needs more supervision.

Marc Garofalo asked the Board to pause for a moment of silence to remember John LeMarier, the brother of City Hall’s

Tax Collector Denise Cesaroni.

Joseph DiMartino invited the Board to the DHS 6th Annual Breast Cancer Benefit Softball Game vs. Ansonia on May 7th.

6. Approval of Minutes

6.1. Regular Full Board Meeting –March 31, 2016

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

7. Administrative and Appointments

7.1 Move to approve refund of excess taxes. No action this month.

8. Sub-Committee Reports

8.1. Blight Committee

8.1.1. 199 Caroline Street - Move to authorize the release of the blight lien agreement dated March 4, 2014

and recorded in Volume 690 at 39 of the Derby Land Records as a result of the homeowner

complying with the terms and conditions provided for therein.

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

8.1.2. Move to place 70 Water Street on the blight list.

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

8.1.3. Move to place 12 Joyce Avenue on the blight list.

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

8.1.4. 182 Derby Avenue – Discussion / Possible Action

Attorney Welch advised the Board that a notice of default was sent.

8.1.5. Move to approve the agreement by and between the City of Derby and Alirio Zapata and Bianca

Zapata relative to the property located at 310 Sentinel Hill Road, Derby, CT and accept the sum of

$6,700.00 as full and final payment of any and all liens that have accrued on the property on or

before May 31, 2016.

Ms. DeGennaro stated that the date on the agreement needs to be changed to reflect the May 31, 2016 date.


8.1.6. Move to approve the agreement by and between the Bank of America and the City of Derby relative

to property located at 226 Hawthorne Avenue, Derby, CT.

Attorney Welch stated that this agreement needs to have the date changed to May 31st as well.


8.2. Community Relations

8.2.1. Move to approve vendor license application for M & B Enterprises, LLC.

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

Ms. DeGennaro said that the business has been operating without the BOA approved vendor permit. She also

stated that the Board does not have a copy of their food service license or background check results. Mr.

DiCenso said that they were issued day permits. Attorney Welch said it was his understanding that even if

they had day permits, they still would have needed the BOA approval. Mr. Iacuone asked the Board to

remember this next time they do not allow a business to operate without proper permits. He feels it is not

right that they are not acting the same for everyone and this vendor was allowed to operate just because of

the people he knows.

8.2.2. Move to approve the request of the Walnut Hill Community Church to use the greenway on Saturday,

September 24, 2016 to conduct a run/walk that benefits the students and teachers in the Derby

Public Schools subject to the Walnut Hill Community Church advising the City of Derby Police

Department, Fire Department, and EMS and complying with any request of said departments.

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

8.2.3. Move to waive the fees for the picnic grove and pavilion in order for High Acres Church to hold a

fundraiser on August 13, 2016 provided that the security deposit shall be paid in full.

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

8.2.4. Move to approve the request of Griffin Hospital to hold their 8th annual 5k walk/run to benefit the

Center for Cancer Care at Griffin Hospital on Saturday, June 4, 2016 subject to obtaining approval of

the local traffic authority and further subject to notifying the City of Derby Police Department, Fire

Department, and EMS and complying with any request of said departments.


Ms. DeGennaro noted to DC Todd that the route had been changed. DC Todd stated that the LTA was aware

of the change and it had already been approved.

8.2.5. Move to waive the fees for the picnic grove and pavilion in order for Northstar to hold their 15th

annual picnic on July 10, 2016 provided that the security deposit shall be paid in full.


8.2.6. Move to waive the fees for the picnic grove and pavilion in order for Derby High School Class of 1959

to hold its high school class reunion on August 6, 2016 provided that the security deposit shall be

paid in full.

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

8.2.7. Move to waive the fees for the picnic grove and pavilion in order for Derby High School Class of 2016

to hold its Field Day on June 7, 2016 provided that the security deposit shall be paid in full.


8.2.8. Move to waive the fees for the picnic grove and pavilion in order for St. Mary’s St. Michael’s to hold

their Annual Field Day on June 1, 2016 provided that the security deposit shall be paid in full.

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

8.2.9. Move to waive the fees for the picnic grove and pavilion in order for the Cub Scouts Pack 3 to hold

their Annual Cub Scout picnic on June 13, 2016 provided that the security deposit shall be paid in

full.


8.2.10. Move to approve the request by Big Brothers Big Sisters of Southwestern CT to use the greenway

for their clothing fundraiser on May 14, 2016 subject to obtaining approval of the local traffic

authority and further subject to notifying the City of Derby Police Department, Fire Department, and

EMS and complying with any request of said departments.


Ms. DeGennaro asked where they were going to be located. Mr. Sill said they would be at the entrance to the

greenway, but would not be blocking it.

8.2.11. Move to waive the fees for the picnic grove and pavilion in order for Irving School to conduct a

Nature Scavenger Hunt as part of the 2nd grade science program on Thursday, May 12, 2016 provided

that the security deposit shall be paid in full.


8.2.12. Move to approve use of the Derby Greenway by St. Mary’s St. Michael’s School on Saturday, June

25, 2015 from 7:00 am until 6:00 pm for their annual Duck Race and 5k Dash in conjunction with

Derby Day 2016 subject to obtaining approval of the local traffic authority and further subject to

notifying the City of Derby Police Department, Fire Department, and EMS and complying with any

request of said departments.

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

Mr. Gerckens stated that their letter mentioned hanging banners and he was concerned that they would be

spending funds on banners that they would not be able to use due to location restrictions. Mr. Garofalo

stated that he’s already spoken with them and they are aware of the approved sign locations.

DC Todd said that several of the requests tonight mention needing LTA approval. He stated that the LTA

does not have authority over the greenway and therefore, does not need to approve those requests. Mr.

Garofalo stated that he would contact the parties involved and let them know they do not need to attend the

Police Commission meetings for LTA approval.

8.3. Operations & Procedures

8.3.1. No action items this month.

8.4. Road Bond

8.4.1. No Action Items.

Mr. Sill stated that Mr. DeFala was unable to attend tonight and the information would be provided at the

next meeting.

9. Department Reports

9.1. Board of Education

The report was not discussed.

9.2. Cultural Commission

There was no reported received.

9.3. Public Works

Mr. Gerckens asked about the cobble road. Mayor Dugatto said they are looking into grant funding. Mr. Sill said

they are considering it for the next road bond project.

Mr. Gerckens also asked about the fishing pier. Mayor Dugatto said that the firm working on the viewing platform

met at the location and the engineer will be doing a survey and forwarding design ideas.

9.4. Building Department

Mr. Sarmiento stated that the new sign approval process is going well.

9.5. Facilities Inspectors

Nothing was discussed.

9.6. Fire Marshal


9.7. Fire Department


9.8. Office of Emergency Management


9.9. Parking Division

Mr. DiCenso asked about contractual payments not coming in. Mayor Dugatto said they are continuing to work on

it. Mr. Staffieri asked who was in charge of parking now. Mayor Dugatto said that Patty Finn has been handling it.

She also stated that the elevator is out of order, but will be repaired next week. Mr. DiCenso and Mr. Sill are

assisting Patty as well. Mr. Staffieri asked where the surplus money goes. Mayor Dugatto explained that any funds

received go back into servicing the garage.

9.10. Police Department


9.11. Water Pollution Control Authority


9.12. Finance Director


9.13. Corporation Counsel Update


9.14. Storm Ambulance Corp

Ms. DeGennaro said that the chief was absent because he was attending the BOAT meeting.

9.15. Parks and Recreation

Mr. Sill said that Witek Park has been repaired. The Operations Committee will review the deed and provide the

board with recommendations for boating at the next meeting. Mr. Staffieri asked the mayor to check into the

increased insurance cost due to liability.

9.16. Revolving Loan Fund


10. Other Committee Reports

10.1. O’Sullivan Island Committee

Mr. Gerckens said he is in the process of coordinating a meeting with the O’Sullivan Island Advisory Board.

Mr. Staffieri distributed newspaper articles from 2009 to the Board members for review.

10.2. Capital Planning Commission


10.3. School Building Committee for Roofs


10.4. Infrastructure Committee


11. New Business

11.1. Move to waive the building permit fees relative to the Recreation Camp construction of a new retaining

wall in the amount of $1,337.10

Motioned by Mr. Staffieri and seconded by Mr. Gerckens. Mr. Iacuone asked about the state fee. Mr. Staffieri and Mr.

Gerckens amended their motion to reflect that the waiver would be for $1,315. The state fee is $22.10 which still

needs to be paid. The motion carried. Ms. DeGennaro opposed.

12. Old Business

12.1. No items this month.

13. Executive Session

13.1. Sale of City Property / Water Street, Map 8-7, Lot 23

13.2. Sale of City Property/ Francis Street, Map 8-7, Lot 48

Mr. DiMartino motioned to enter into executive session and invite Attorney Welch. Mr. Sill seconded and the

motion carried at 7:47 PM.

The meeting reopened to the public at 8:05 PM.

14. Regular Session Action from Executive Session

14.1. Sale of City Property / Water Street, Map 8-7, Lot 23 – Discussion and Possible Action

Mr. DiCenso made the following motion:

Whereas, the City is the owner of property located at Water Street (Map 8-7, Lot 239); and

Whereas, the Board of Aldermen has determined that it is in the best interest of the City that the property be sold

for open space and passive recreation and off street parking.

Now, therefore, the Board of Aldermen hereby moves to sell the property located at Water Street (Map 8-7, Lot

239) pursuant to Section 24 of the Derby City Charter. The property shall be publically bid and advertised in the

New Haven Register with a bid opening date of May 19, 2016 at 12:00 Noon with a minimum bid of $6,000.00. The

property shall be sold subject to the following restrictions and conditions;

1. The property may only be used for open space, passive recreation and parking. The property may be

fenced. No structure of any kind will be permitted to be built upon the property. Further, the

property may not be used for zoning purposes to increase coverage or density on any adjoining

property.

2. The City reserves the right to reject any and all bids for any reason.

3. The property shall revert to the city for the failure to use said premises as required.

Further, the sale of the property is subject to a favorable 8-24 referral from the Derby Planning and Zoning

Commission.

Mr. DiMartino seconded and the motion carried.

14.2. Sale of City Property/ Francis Street, Map 8-7, Lot 48 – Discussion and Possible Action

Mr. DiCenso made the following motion:

Whereas, the City is the owner of property located at Francis Street (Map 8-7, Lot 48); and

Whereas, the Board of Aldermen has determined that it is in the best interest of the City that the property be sold.

Now, therefore, the Board of Aldermen hereby moves to sell the property located at Francis Street (Map 8-7, Lot

48) pursuant to Section 24 of the Derby City Charter. The property shall be publically bid and advertised in the

New Haven Register with a bid opening date of May 19, 2016 at 12:00 Noon with a minimum bid of $7,500.00. The

property shall be sold subject to the following restrictions and conditions;

1. The property may not be used for zoning purposes to increase coverage or density on any adjoining

property.

2. The City reserves the right to reject any and all bids for any reason.

3. The property shall revert to the city for the failure to use said premises as required.

Further, the sale of the property is subject to a favorable 8-24 referral from the Derby Planning and Zoning

Commission.

Mr. Sill seconded and the motion carried.

15. Adjournment

Motion to adjourn at 8:07 PM by Mr. DiCenso, seconded by Mr. Staffieri and the motion carried.

Respectfully submitted,

Terri Kuskowski

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

city of derby board of aldermen

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