DERBY BOARD OF ALDERMEN MEETING

OCTOBER 14, 2004 - DERBY CITY HALL, ALDERMANIC CHAMBERS – 7:00 P.M.

MINUTES

Mayor Marc J. Garofalo called the meeting to order at 7:00 p.m. All rose and pledged allegiance to the flag.

Roll Call

Present: Alderwoman Sheila Parizo, Alderwoman Linda Fusco, Alderman Bruce Sill, Alderman Joseph Bassi, Alderman Ronald Sill, Alderman Robert Gabianelli, Alderman Michael Flora, Sr., Alderman Samuel M. Rizzitelli, Jr., Alderman John Orazietti (arrived at 7:03 p.m.)

Also Present: David L. Kopjanski, Building Official

Chief Andrew L. Cota, Jr., Derby Police Department

Charles Stankye, Jr. Representing the Fire Marshal’s Office

Richard Lutz, Mayoral Assistant

Warren Holcomb, Esq. (arrived 7:03 p.m.)

ADDITIONS, DELETIONS, CORRECTIONS & ADOPTION OF AGENDA

Mayor Garofalo noted that there two additions to the agenda:

AUTHORIZE APPOINTMENT OF CONNECTICUT COMPUTER SERVICE AS IT CONSULTANT FOR THE CITY OF DERBY (ITEM #20 ON AGENDA)

DISCUSSION OF BACCHIOCCHI V. CITY OF DERBY (REGULAR & EXECUTIVE SESSION) (ITEM #21ON AGENDA)

A MOTION was made by Mr. Bassi with a second by Mrs. Parizo to adopt the agenda as amended. Motion carried.

PUBLIC PORTION

No one wished to speak.

PUBLIC PORTION CLOSED

MINUTES

A MOTION was made by Mrs. Parizo with a second by Mr. R. Sill to approve the minutes of the September 23, 2004 meeting.

SEPTEMBER POLICE DEPARTMENT REPORT

There were no questions asked. Report placed on file.

 

SEPTEMBER FIRE MARSHAL REPORT

Mayor Garofalo said that Mr. Hawks is at a class this evening. Mr. Stankye is here in his place. There were no questions asked. Report placed on file.

SEPTEMBER PUBLIC WORKS DEPARTMENT REPORT

Mayor Garofalo noted that Mr. Parker is on vacation and there is no report.

SEPTEMBER BUILDING DEPARTMENT REPORT

There were no questions asked. Report placed on file.

SEPTEMBER BLIGHT REPORT

There were no questions asked. Report placed on file.

SEPTEMBER REDEVELOPMENT AGENCY REPORT

Mayor Garofalo noted that everyone was present at last evening’s meeting when the update was given.

SEPTEMBER PARKS & RECREATION COMMISSION REPORT

There were no questions asked. Report placed on file.

SEPTEMBER CULTURAL COMMISSION REPORT

Mayor Garofalo said that there is no report – they just met this past Tuesday. Mrs. Parizo asked if a report from Derby Day would be forthcoming? Mayor Garofalo said that he had requested one from the commission.

SEPTEMBER OFFICE OF DEVELOPMENT & ADMINISTRATION REPORT

There were no questions asked. Report placed on file.

ADOPT INTER-MUNICIPAL AGREEMENT WITH CITY OF SHELTON REGARDING A JOINT SKATEPARK

Mrs. Fusco from the Neighborhood Committee reported on this item. She said this agreement was before the Board of Aldermen previously, however, due to some concerns expressed regarding the clause that made Derby responsible for reimbursing Shelton for part of the insurance costs. She said Alderman Rizzitelli looked over the document, made some adjustments, and he will review them for the board members. Alderman Rizzitelli said he worked with Corporation Counsel on the agreement and worked on few issues and together they redrafted the agreement. He also noted that Corporation Counsel has reviewed the draft agreement with Shelton. We are picking up our own share of liability insurance; we’re not covering their liability insurance. This new writing makes it a little clearer. Atty. Holcomb said the substantive change is in 11 c. It states if Derby withdraws or terminates the agreement due to a material breach by Shelton then Derby gets the reimbursement that they would be entitled to for the portion for the construction costs.

A MOTION was made by Mrs. Fusco with a second by Mr. Rizzitelli to accept the Inter-Municipal Agreement with the City of Shelton for the construction and maintenance of a skateboard park.

DISCUSSION ON MOTION

Mr. B. Sill – Just one change should be on the front page – it says whereas the Shelton agrees – it should just say Shelton.

FRIENDLY AMENDMENT

FRIENDLY AMENDMENT – with the change on the front-page fourth paragraph down to read Shelton – not the Shelton.

MOTION CARRIED.

ADOPT REVISIONS TO PUBLIC WORKS ORDINANCE

Mrs. Fusco from the Neighborhood Committee reported on this item. She said the Neighborhood Committee has been working on this for a significant amount of time. Changes have been made and Mrs. Fusco asked Mr. Rizzitelli to review the changes.

Mr. Rizzitelli said a comprehensive revision of this ordinance was adopted a while back. One piece that was not incorporated at that time was the position of Superintendents, which we agreed with Public Works, was more of a reconsolidation effort. These are two positions that somewhat currently exist and are just being consolidated for accountability purposes so that there’s a management chain followed through the Public Works system. He said one of the positions is the Facilities Manager, currently with the W.P.C.A. and the other is the School Building Official. Those two positions are being consolidated into this formal structure and that’s the major substantive addition to this ordinance, which is 40-4.

Mr. Rizzitelli said the other bit of change is just clarifying for the record the different names that the Street Commissioner has. For example in 40-1 it says the Street Commissioner because again that’s the name used in the Charter. So in order to be consistent we just show that it’s also the Director of Public Works and the Public Works Commissioner – it’s all the same person. He noted in the Collective Bargaining Agreement they refer to the same position as the Director of Public Works.

A MOTION was made by Mr. Rizzitelli with a second by Mrs. Fusco to adopt the revisions to Section 40-1 through 40-5 of the Revised Ordinances of the City of Derby.

DISCUSSION ON MOTION

Mr. R. Sill said that now that we are going to five levels of supervision he sees where it says, "employees in job classification d, e, f, g, and h may perform work assignments. May in the dictionary means: Certain level of possibility of doing. Shouldn’t it be shall? Where it means shall will take place, something that is inevitable. The word may is certain level of possibility. I would rather have a shall in there to say yes, they are going to perform.

Mr. Rizzitelli said he has no problem with changing that at all. Just to finish the sentence it would say "shall perform work assignments ordinarily performed by any of such classifications." What we’re saying is anybody in d, e, f, g, or h shall be able to perform anything in these classifications of Foreman, Supervisor, Skilled Labor, General Labor and Seasonal Employees. So instead of "may", which doesn’t guarantee it’s going to happen, "shall" guarantees it.

Atty. Holcomb said what that really is, is saying that people in those job classifications can all perform the duties of the other job classifications. He said instead of "shall" it may be better to say, "may be required to" to make it clear that we have the right to make those assignments. What it means is they can all perform the work of any other job description as well.

Mr. R. Sill said on the next page the s should be crossed out on the second line. Mr. Rizzitelli said it is crossed off. Mr. R. Sill also said on line seven where it says "him" it should say "him or her."

Atty. Holcomb also noted that if there were any inconsistencies between what’s in the Collective Bargaining Agreement and the Ordinance then the Collective Bargaining Agreement would prevail. He said he doesn’t think there is anything right now.

Section 40-4 was reviewed. Mr. Rizzitelli noted that the position of building maintenance under the school system would now be facilities in the work chart that was prepared by Gary Parker. It is a position of buildings and facilities superintendent. So that would fall under Public Works now and that would link in the maintenance necessity of our City buildings into Public Works, which we have never actually done before in the past. Mayor Garofalo said in the organizational chart that was approved there were two superintendent positions. Mr. Rizzitelli said there were two in the organizational chart. He said this is not specific to how many – it doesn’t say that there shall be two. It just creates the position so that the ordinance actually reflects the existence of the position. He also noted that this does not at all conflict with the organizational chart that was created by Mr. Parker.

FRIENDLY AMENDMENT

FRIENDLY AMENDMENT – 40-2 employees in job classification d,e,f,g, and h add, "May be required" also, 40-3 using "him or her."

MOTION CARRIED.

ADOPT REVISIONS TO SALARY SCHEDULE FOR PARKS AND RECREATION EMPLOYEES

Mrs. Fusco from the Neighborhood Committee reported that Dennis O’Connell, Director of Parks & Recreation came to her committee several months back requesting a raise for the Parks & Recreation employees. She noted that a $.50 per hour raise is being requested for most of the positions and $1.00 per hour increase is being requested for the Supervisors. The Parks & Recreation Director salary being requested is $13,500.00. Mrs. Fusco said the money is already in the budget for these raises. No one has received a raise in the past two years.

A MOTION was made by Mrs. Fusco with a second by Mr. Bassi to adopt the revisions of the Salary Schedule for the Parks and Recreation Employees.

 

DISCUSSION ON MOTION

Mrs. Parizo said she believes that the Parks & Recreation Director got a raise in 2002. She also asked if an attendant is a maintenance person? Mayor Garofalo said they are not. They are the people who sit at the desk. Mr. R. Sill asked if the money for the raises was anticipated in the budget? Mayor Garofalo said it is actually already in the budget. Mrs. Fusco noted that the raises would be retroactive upon approval.

MOTION CARRIED.

AUTHORIZE $500.00 REWARD FOR INFORMATION REGARDING VANDALISM AT WITEK PARK

Mrs. Fusco from the Neighborhood Committee reported on this item. She said there was discussion at the last Neighborhood Committee meeting and there was concerns expressed. They would like to suggest to the Board that the Board consider contributing $500.00 to the reward fund for the capture and prosecution of the people responsible.

A MOTION was made by Mrs. Fusco with a second by Mr. Gabianelli to authorize a $500.00 reward for the capture and prosecution of the people responsible for the vandalism at Witek Park. Motion carried.

AUTHORIZE APPOINTMENT OF CONNECTICUT COMPUTER SERVICE AS IT CONSULTANT FOR THE CITY OF DERBY

Richard Lutz from the Technology Committee reported on this item. He informed the board that the active members of the committee are himself, City Clerk, Tax Collector, City Treasurer, and the Chair of the Board of Apportionment and Taxation. They put out an RFP for an IT Company to be the City’s advisor. Six companies responded to the RFP. The committee short-listed to three companies. All three companies were interviewed and asked to give additional information. Of the three interviewed, there was a unanimous vote to select Connecticut Computer Services. They would be responsible in helping set up the new City Hall.

Mr. Orazietti asked what the cost would be for this? Mr. Lutz said the initial review, which is going through the whole city and deciding our needs is free of charge. After that they felt that we would have to purchase approximately $60,000 in computer equipment. That cost together with the additional services would be somewhere in the neighborhood of $85,000. Mr. Lutz said the money is in the budget for the new City Hall.

Mr. Sill asked if the job would go out to bid for the additional services? Mr. Lutz said that was part of the bid. Mr. Lutz said we have almost $300,000 in the new City Hall budget for items like phone systems, computers, furniture, etc…Mayor Garofalo noted that this price is just for the consulting and new hardware – not for new software for the main system. Mr. Lutz said this company is not only going to do the consulting, they are going to sell us the computers as well – it’s a two-part bid.

Mr. Bassi asked when is the work being conducted by the UI Company going to be completed at the new City Hall. There was a brief back and forth regarding the status of the new City Hall. Mr. Bassi stated his displeasure in the progress that is being made – he said the place is a total mess.

A MOTION was made by Mrs. Parizo with a second by Mr. Gabianelli to authorize the appointment of Connecticut Computer Services as the IT Consultant for the City.

DISCUSSION ON MOTION

Mr. B. Sill asked when the bid went out did it mention that they would be responsible for providing equipment as well as designing the system? Mr. Lutz said that was stated. Mr. B. Sill asked if all the other companies submitted recommendations for the equipment, etc…or are they just going to have an inside tract? Mr. Lutz said that each company that put in a bid was asked to quote in six different areas: cost for initial review of City’s needs, design the solution for the new City Hall, supply PC’s and network for new City Hall, and two other service categories. Mr. Lutz said this particular company bid Hewlett Packard. The committee felt that they presented the strongest overall package.

MOTION CARRIED.

DISCUSSION OF BACCHIOCCHI V. CITY OF DERBY (REGULAR & EXECUTIVE SESSION)

A MOTION was made by Mrs. Parizo with a second by Mrs. Fusco to go into Executive Session at 7:31 p.m., subject to adjournment, inviting Corporation Counsel and Richard Lutz to discuss Bacchiocchi v. the City of Derby. Motion carried.

Respectfully submitted,

Patricia Finn

Temporary Recording Secretary

/paf

A TAPE RECORDING OF THIS MEETING IS ON FILE IN THE CITY CLERK’S OFFICE


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