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MARCH 10, 2004

BOARD OF ALDERMEN SPECIAL MEETING

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Board of Aldermen Shelton, Connecticut


Special Meeting of Thursday, March 10, 2004

Call to Order / Pledge of Allegiance Mayor Mark A. Lauretti called the meeting to order at 7 p.m. All those present rose and pledged allegiance to the flag. Roll Call Aldermanic President John F. Anglace, Jr. - present Alderman John Jack Finn - present Alderman Stanley Kudej present Alderman Joseph Lanzi - absent Alderman Diane M. Marangelo - present Alderman Kenneth Olin - present Alderman John P. Papa present Alderman Nancy Minotti absent Mayor Mark A. Lauretti Corporation Counsel Thomas Welch (7:45) There was a quorum of 6 present, 2 absent. Public Session Mayor Lauretti asked if any member of the public wished to address the Board. Jane Dowty, East Village Road President, Shelton High School PTSO On behalf of our Executive Board, Id like to read a letter to you this evening. Dear Board Members: The Shelton High School PTSO Executive Board would like to inform you that we strongly support the 2004-2005 budget presented by the Board of Education. Much of the modest increase in the Education budget is to keep

Administration:

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services and facilities status quo. The budget also addresses critical needs in the areas of staffing to reduce class sizes and offer more electives, academic supplies and facility upgrades and maintenance. The City of Shelton is severely under funded in per capita spending. It is imperative that we try to close that gap by giving the Education budget the monies they request to run the school system. The children of Shelton are our future and they deserve the funds to receive the best education possible. The Shelton High School PTSO Executive Board respectfully urges you to represent the large majority of voting parents by supporting the Board of Education budget as it is presented. We thank you for your time, consideration and support. Sincerely, The Shelton High School PTSO Executive Board Thank you. Chris Jones, 21 Geissler Drive I sat here a couple of weeks ago. I got a letter in the mail in regards to Shelton Code of Ethics - a meeting. I dont think Im currently sitting on any Board or Commission, and I received a letter, an invitation in the mail to come and sit in on this meeting. So I did. I found it very interesting, too. The gentleman there was the instructor, he handed out some stuff here, and Im just going to read through some of the stuff briefly. One of the sheets that he gave was Ethics Check Questions. Number one, you ask yourself, is it legal, will I be violating either civil law or the City Code of Ethics. Number two, is it balanced, is it fair to all concerned in the short term as well as the long term, does it promote win-win relationships. And number three, how will it make me feel about myself, will it make me proud, will I feel good if my decision was published in the newspaper, and would I feel good if my family knew about this. I thought it was pretty good. Now, for anyone in the audience that isnt aware of the Shelton Code of Ethics, its Article 2-351. I just want to read a couple of definitions some of the words and what they mean as defined. Interests shall include private financial benefit and interests other than financial arising from blood or marriage relationships or close business or political association. The word,

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officials shall include elected and appointed officials and officers, whether paid or unpaid, and members of all government bodies created under the provisions of the Charter and other City ordinances and applicable statutes. Now, Section 2-352 is the Declaration of Policy. It is hereby established a Code of Ethics for all City officers, employees and officials, whether elected, or appointed, paid or unpaid, the purpose of this article is to establish suitable ethical standards for all such officers, employees and officials by prohibiting acts or actions incompatible with the discharge of their public duties and best interests of the City, and by directing disclosure of private financial interests or personal interests in matters affecting the City by such officers, employees and officials. Any violations of this article may constitute a cause for suspension, removal from office or employment, or other disciplinary actions as more particularly set forth in Section 2-356. Here is a section, 2-353, which is the Conflict of Interest Prohibited. No officer, employee or official shall engage in or participate in any business or transaction, or shall have an interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the public interest, or would tend to impair his independent judgment or action in the performance of his official duties. The last one, Ill read out of the Shelton Code of Ethics, is, Section 2-355, Written Disclosure of Interest. Any officer, employee or official having any financial or private interest as designated in Section 2-353a shall file written disclosures of the interest with the City Town Clerk and the Board of Ethics as soon as he becomes aware of such interest. Such written disclosure shall set forth, in detail, the nature and extent of such interest. That was that. They also handed out a standard complaint form for the Board of Ethics. I dont know how far this will go. After last nights Planning and Zoning meeting, I also, a little something on behalf of myself, to quote one of my favorite statesmen, Lawrence Peter Berra, better known as just Yogi, It just feels like dj vu all over again. I can remember standing in this very place, just over two years ago, speaking about another parcel of property on River Road in Shelton. The coincidence is so great, that the parcel in question tonight is directly adjacent to the one discussed that evening on November 27, 2001. I remember objecting to this proposition that Emhart Technologies, Inc. sell their land and building at 510 River Road to Latex Foam Products. I also seem to recall many, many others agreeing with me and speaking out against it as well. Somehow, we cannot understand your logic, Mr. Mayor, in wanting to put a latex foam chemical plant on the banks of the beautiful and picturesque

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Housatonic River. You cited jobs as one reason, and I certainly can agree that more jobs are good. You cited economic development as a prime component of your administration, and how this fit quite naturally with your plan for our City. I could almost buy that one since youre Sheltons itself proclaimed Director of Economic Development. But when you showed no regard for the health and environment hazards by placing a latex foam chemical plant on the banks of the Housatonic River, this one nobody could understand, never mind accept, until now. At first, we thought the beautiful vistas and views were lost upon you and thought you insensitive to the natural beauty bestowed upon us by Mother Nature and Gods good graces. Next, we thought that couldnt be so. We concluded that regardless of the health and environmental hazards posed by a latex foam chemical plant on the banks of the Housatonic, you were just consumed by your duties and obligations as Sheltons self-proclaimed Director of Economic Development. In other words, putting the Citys economic interests ahead of all else. You know, we accepted that, mostly out of having no choice in the matter, until now. On Friday the 13th, of all days, of February 2004 when I was looking leisurely through one of the local newspapers, lo and behold I read that you, Mayor Mark Lauretti, were the buyer of 11 acres of property on the banks of the Housatonic River, next door to that same latex chemical foam plant you supported be put on those same river banks almost two years ago to the day. Wow, I thought. Just coincidence, or could it be the beautiful vistas and views were not lost on you, and that you actually are very sensitive to natural beauties bestowed upon us by Mother Nature and Gods good graces. Or could it still be the case that youre just all business as Sheltons self-proclaimed Director of Economic Development, you just couldnt resist the prospects of all those jobs and all that taxable personal property. Or is it something else? Wow, this one really bothered me. And you know, others I have spoken to are equally as confused. We just cannot figure this one out, until now. Could it be you may have had your eyes on this parcel way back when, when we questioned your motives in putting the latex chemical foam plant on the banks of our beautiful, picturesque Housatonic River. Could it be that the jobs and all that taxable, personal property were not paramount when deciding to support the sale of a latex chemical foam plant on those same river banks. You know, we may never know for sure, but it sure may be just the kind of thing to present to someone as something to figure out. Could it be that that something is Sheltons Board of Ethics, I dont know, but give me some time. I would like to give that one some thought, too.

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I sat in this room two years ago with 200 people in here, and you were so adamant about just going off and just jamming this down their throat. Yeah, they had special permits, they had this, you had meetings, and now its become a little clearer what this whole deal is about. Thanks. Mayor Lauretti stated, thank you for your comments, Mr. Jones, but for the factual record and everybody here, the property in question that Mr. Jones references is, as a matter of right by zoning, for Latex to be there. No public hearing required, just a site plan approval from the Planning and Zoning Commission. So to say that I jammed it down anybodys throat is a far cry from an issue of fairness and ethics that you talk about. You, who profess to have all of the answers about whats right and wrong about the City, should understand the process a little bit clearer and a little bit better before you start making accusations against people. Nadine Howard, 90 Birdseye Road PTA Council President The Council Executive Board asked me to come forward and read a letter to you. Dear Board Members: As you know the Shelton PTA Council is the representative for all Shelton PTAs and PTOs. The Council has always strived to work with and support all facets of the Shelton School System. As we have done in the past, we requested a meeting during budget preparation time with Mr. Sylvester, and during this meeting, the individual PTAs and PTOs brought their prioritized concerns to Mr. Sylvester, and encouraged him to include these items in the 2004-2005 school budget. Then the Board of Education, taking these concerns into consideration and keeping the interest of the children of Shelton a priority, has proposed a budget for the 2004-2005 school year of $56,051,694. The Council is aware of the items included in the proposed budget. We are aware of the contractual issues, the operating costs, the new initiatives, and those items that have been reallocated to next year. We support the Board of Education in their decision, and urge the approval of their request without any alterations. The Council realizes and understands that there are many concerns and requests that have to be addressed when preparing the City-wide budget. We also understand that out of 169 school districts, Shelton ranks 155 in per student spending.

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The Shelton School System, along with the City government, provide a good learning environment for the students, but the environment is beginning to lag behind. It lags behind in areas of importance, such as technology. There are also the issues of security, course unavailability due to the lack of teachers, the need for guidance counselors and media specialists. These needs need to be addressed also. Traditionally, we would also like to request that the public hearing on this budget is held during the month of April. We would request that the meeting not be held during the April 19 school recess session. Thats it. We thank you for your time.

Linda Orazietti, 300 Beardsley Road I am up here regarding the overcrowding of Elizabeth Shelton School. I had sent out a petition, through e-mail, in less than a week, and the petition says, We the undersigned support the concept of installing modulars at Elizabeth Shelton School as a temporary solution to support the overcrowding of our school system and eliminating the need to bus the kindergarten children to Sunnyside School. The modulars will also eliminate the division of our Elizabeth Shelton School community. Now, I got 83 petitions in less than a week. I have a few questions. The first thing I heard was that the Board of Ed needs to do not ask the Mayor, Mayor Lauretti. I find it hard that theres no lack of communication, for one, cause its obvious that this is a problem. My other question is, has anybody looked into moving the modulars that are in front of the Shelton Intermediate School, which is already owned by the City. Also, I understand that there is seven acres of open space which Mayor Lauretti is going to be negotiating off of John Dominick Drive with a purchase price of approximately $100,000 per acre, which is equivalent to $700,000. Id like to know where this money is coming from. Also, wouldnt it make more sense to spend the money on our children at a third of the cost or is open space more important than our school children? The other thing is, theres nine people on the Board of Education, and it really upsets me that nine people made the decision over 83, and plus. Im sure you could talk to other people about this, if we need to form a building committee, there will not be a problem forming any committees. Let us

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know what we have to do cause Im sure well be fighting for these modulars. Im sure it will make everybody more happy. Thank you. Dick Conklin, Two House Lane I lived on River Road or near Sunnyside for most of 50 years. Im a local guy, I grew up in Shelton, and I didnt come here tonight prepared to speak, but I feel I have a few things I have to say. The first thing is, Im getting the ramifications of the Latex Foam property, as the Mayor is well aware of now, in the smell that I get in my neighborhood from Latex Foam. Now theyre running 24 hours a day, seven days a week, and we get that smell quite often. In the summertime last year, we could not open our windows on certain days. You cant sit out in the yard on certain days. This is getting more progressive, not less. I know I talked to Latex Foam several times about it, and they keep telling me that theyre working on it. I called the Mayors office several times and was referred to the DEP, until recently, when the Mayor took particular interest in it, I found afterward that he bought the property next door. If there is a connection there or not, I dont know. The other thing I have to say is, I dont know how you guys feel you could represent us citizens of Shelton and let a piece of prime, riverfront property slip through our hands. That could have been a first class recreational area. Well never get another chance to get a piece of property like that for $350,000 if everybody chipped in $5 bucks we could have bought the thing. You cant use cost as an excuse. Thats all I have to say.

Chris Panek, 19 Meghan Lane Similar to Linda Orazietti comments, Im here to represent the concerns of a large and growing group of parents and children from Elizabeth Shelton School, and the potential busing plan for the kindergartners next year. As all Board members and the Mayor should be aware, I sent everyone a letter several weeks ago concerning the busing plan and my concerns about it after it was proposed by the Superintendent. Since the plan was proposed, Ive been in contact with a growing number of parents throughout the City who are equally concerned. The over crowding at ESS and the busing plan is not a White Hills only issue. As I understand it, there are children from three wards in our City that attend

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ESS. So this issue deserves the immediate attention of the six aldermen who represent these children. Last week, I decided to follow the neighborhood school bus on its route to ESS. I then followed the proposed route from ESS to Sunnyside School. The total trip took me nearly 50 minutes, and my daughters bus stop is the second to the last on the current route. It is completely unfair to ask five year old children for their first year of school to sit on a bus for an hour each way. When the Board of Ed voted to approve the busing plan, they based their decision on budgetary constraints. Every parent who spoke at that meeting was against the busing plan. Board of Ed members and Superintendent Sylvester have publicly stated that the sole reason they decided that the busing plan was the best solution was because it was the cheapest. I would hope that no elected officials would put budgetary constraints ahead of what is best for the children of this City. After the Board of Ed vote, I contacted our State Senator, State Representatives, the State Department of Education and Mayor Lauretti regarding our concerns. I appreciate the time Mayor Lauretti has taken on several occasions over the past two weeks to contact me and address this issue. The Mayor has been very open with me regarding his concerns about the modulars and the overcrowding in the school system. The parents are aware that the Board of Ed falls under the jurisdiction of the State and runs primarily on its own, separate from the City. But after the decision to bus our children was made by the Board of Ed, we had nowhere to look but to our elected City leaders for help. Unfortunately, the parents and the children of ESS are now caught in the middle of the blame game as to who is at fault for the busing of our five year olds. I would ask that this issue not be politicized and that all personal issues be put aside so that a speedy resolution can be made to reverse this decision. This issue requires immediate attention as the time is running out with the 2004-2005 school year only six months away. I did attempt to get a discussion about this issue on the agenda tonight, but I was unable to. The parents of Elizabeth Shelton are eager to hear from the Mayor and the Board of Aldermen on this issue. Last year, ESS faced a similar situation and the Board of Ed decided to put extra teachers in the kindergarten classrooms to accommodate the large class sizes. This was a temporary, one-year band aid. Every parent Ive spoken with agrees with Mayor Lauretti that the modular

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classrooms should not be used as a permanent fix to the overcrowding problem, but the modular classrooms are a better, short-term option for the overcrowding than busing our five year old children across town. The Superintendent, last week, proposed a long range plan that specifically targets areas of need within the school system, including the overcrowding at ESS. This plan should be completed by the end of this year and hopefully it is proof that the Board of Ed is serious about fixing some of the problems that currently exist within the school system. After the Board of Ed voted several weeks ago, Superintendent Sylvester personally assured me that if the concerned parents of ESS could convince the Board of Aldermen and the Mayor to find funding for the modulars, that he would recommend that the busing plan be reversed and the modular classrooms be used instead next year. When I spoke to Mayor Lauretti a few days ago, I came right out and asked him, should the parents give up on the potential for City funding for the modular classrooms, and he told me to give him some more time to further look into all aspects of the issue and to meet with the Board of Ed chairman. What I come here to ask for tonight is for the Board of Aldermen and Mayor Lauretti to find City funding for the modular classrooms. Last year when the Board of Ed and the Board of Aldermen came to agreement to use the wide area network funding as a temporary loan towards a turf football field at Shelton High School, most parents were in full support. The turf football field is something that will benefit everyone that uses it, from the athletic teams to the band and children of all ages. The modular classrooms are an educational need that deserves similar discretion for City funding to be found. We have exhausted our options with the Board of Ed, and the Board of Ed has placed the blame on the upcoming budget cuts, not to support the $180,000 costs for the modular classrooms. The busing next year will cost the Board of Ed $51,000 approximately. The plan is to bus the kindergartners for at least the next two years. The modular classroom purchase in the long run will cost almost the same over the next two to three years and leave us with a tangible item that can be used forever or sold to recoup some of the costs. We are asking our elected City representatives to take charge and look out for the best interests of our youngest schoolchildren as we are trying to do as parents. We have asked this from our Board of Ed and they have failed us. We now ask you to do what is right for our children.

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I would appreciate the possibility of further discussion and possible action from the City on behalf of all of the concerned parents and children of Elizabeth Shelton School. I thank you for your time and appreciate your anticipated response. Ann Marie Romano, 48 Hubbell Lane Im here tonight as a member of the Elizabeth Shelton PTA Executive Board and Id like to read to you a letter. We support the original budget of $56,051,694 submitted by the Board of Education. This budget addresses the needs of the children with the education they deserve. It is a budget that reflects our concerns and wishes as parents and taxpayers. A substantial portion of the budget is for technology. Our children have been lagging behind the States recommended standards and fellow school systems for too long. To lease computers is an effective and economic method. As we know, technology changes so fast, leasing would allow a conservative and feasible means to keep current with technology. Through leasing, we would also be able to serve all children in the school system, not just a few. All the buildings have been neglected for too long. Our schools call for maintenance attention is overdue. A facilities manager needs to be funded with the capital expense budget. Although this budget has been approved, it has not been filled to make up for shortcomings in previous budgets. The student population is growing, which creates new needs. This has been partially addressed through more staff at all levels, especially the high school. In addition, the explosion of students at Elizabeth Shelton require more buses and staff. Although only a few items are mentioned here, our hope is the entire budget will attain your full support. Thank you for your time and consideration. Bill Bures, Division Avenue I came tonight to throw my support to Jack Finn on his trying to save more riverfront, which is badly needed. We have 11 miles of river and how much actual riverfront do we have?

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South Shelton and downtown area are getting hit real hard with overdevelopment, and I would like to see why the Conservation Committee and the Aldermen in the second and third wards did not back us on trying to buy that 11 open space down by Emhart. Then I think what will come out tonight is, the price is in question, too. It was a very good deal. I really believe that maybe the City should be on the ball, and should have bought it. And maybe, with a Conservation Commission, we should have it separated for downtown, South Shelton, and the other areas, because most of the open space seems to be going away from where all the development is, and it seems that were being shortchanged, and we would just like to maybe be a little more equal. I do appreciate it. I tried to get the slab, also, thats what I have to thank the Mayor for, too, and also, with the Board of Education, it was brought to my attention that there are, and Im not blaming anyone here because you dont run the Board of Education, but there are several patronage jobs where a couple of people just play ESPN on the computer and the stock market quotes, and within a year those jobs could be eliminated, then we could have, I believe, the modular schools. Thank you. Walter Sofian, 7 Andrew Drive I live about as far away as you can get from the White Hills area. I really didnt come prepared to say anything tonight, but after hearing Linda Orazietti, I dont think we should be busing kindergartners anywhere, and instead of coming up with a 1.7 mill increase, if we had to come up with 1.80, I think we should find the funds so that we dont have to bus kindergartners 15 miles away from home. Thank you.

Tom LaTulipe, 91 Toas Street I read an article about our Police Department in the paper this week. It was a very nice piece that was put in the paper. I went down today, down to the south end of Connecticut and a fellow asked me how our Police Department was doing, and I said were doing very good they had a nice piece in the paper today about the Police Department and the strides we took going forward, and he handed me a Connecticut Police Accreditation Coalition, and he says, I dont see Sheltons name on it. Im just going to leave these on the desk, Im not going to go into detail. Ill leave them on the desk so the Aldermen can have a look at it if theyd like to have a look at it. Ill give them to the secretary over there.

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One of the other issues was the schools, and Ive stood before you before and there was a great concern whether you would get the support from the senior citizens at election time if you went too far overboard with the expenditures on the schools and so forth. This was not made from the podium up there, this was circulated through the City, and I made the statement, that during my lifetime, the only thing I worked for and lived for was the future generation. I think that should be taken into consideration. Our younger children will be taking our place before long. Were only here on vacation and its a short vacation. Every year, the years go by faster, and I can attest to that. I understand that theres a little friction concerning the Mayor and some property that he purchased. I do not condemn the Mayor, I do not support him. But I say that when youre in office today, and you hold office, youre looked upon with suspicion, and the reason youre being looked upon with suspicion is because the federal government, the state government, the cities and towns, even in Connecticut, there is so much corruption, I think the people in this town just want to take and be friends with everybody because its a small community, and make sure that everything is going right. I went to the Planning and Zoning meeting, which I go to quite a few meetings, and the Chairman of the Board brought to our attention that we were bringing out personalities. I will say one thing, when I get through talking, that I wont have the last word, because youll have it up there. One time I was attacked for something that I said and did, and it was unjust, but now, today, theyre following that path, the Mayor is, I give him credit for that, hes trying to take and work out a deal with the state to save the property downtown for open space. Thats exactly what my statement was to the press. If its at all possible to save that area down there, lets please do it. I dont want to take up more of anybodys time here. I appreciate your time and your patience with me. Thank you. Mr. Zuckerman I guess I carry a lot of static here. You know me well. I grew up here, actually I went to Intermediate School right here. Im a member of the community and taxpayer for the last 50 years. My parents came here prior to the zoning, and Im what you call an existing non-conforming use. Im a little bit upset with the change of schedule, because I think there would be a lot more people here in relation to your, what I call, deal of the century.

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One of the first speakers talked about ethics, and you really didnt answer him. You talked about the right of Latex Foam to be there, okay? And I realize that they had a right because they had the zoning. Youre an elected official, and youre a full-time public officer, and you have a duty to disclose and you have to answer to a higher authority than a mere profit schedule. Im not addressing the flood zone or the environmental issues at this time, because I dont know what they are. Your purchase is a piece of property that needs a zone change and Id like to refer to the article that was published in the paper and some of your answers, which I didnt really appreciate too much. I mentioned about it being maybe a little far fetched to imagine that you were using your position to get a deal, a sweet deal. Youre sitting there and youre somewhat smug, okay? In the article you addressed me as a taxpayer that my business has been a nightmare for the last 25 years, okay? And if it has been a nightmare for the last 25 years, why havent you done anything about it? You also said, take my millions and more or less get out of town. I dont think that was right to say, because I grew up here and Ive tried to make things better in the town, and Ive provided a service in the town for many years. I dont think that was a proper way to address me. Its amazing how you are already counting my millions that Im going to get from this wonderful deal, when a decision hasnt even been made. Maybe you know more than I do. Youre the Mayor, so I guess you do know more than I do. You knew about a piece of property that was valued at much more than it was and you said maybe you should be able to make a profit. But the ethics part of it comes in there. You also stated that Ive never come before this board or any of the boards and asked for things, and I have. I have many times and Ive been turned down many times. Ive spent hundreds of thousands of dollars in plans to accomplish improving my facility when I dont want to go back to the ancient times of the concert era when I brought national acts to the town. Nobody, including Mr. Anglace, has ever come to me and tried to communicate with me. Instead, they tried to attack me. The most recent, or one of the most recent was the public nuisance that I was found not to be. Id like to quote from the Judge Arnold, when he said, how much power is too much power, and where do we stop? There has been no communication between me and the town. You also said, sue me and God bless you. Well, actually, I am suing you, and Im suing the Police Department, Im suing the Zoning Board. The subject is a sweetheart deal, and I think its despicable for the chief public official not to

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offer the waterfront, instead, for his personal gain, and for you to boast of that accomplishment is unconscionable. Thank you for your time. Asi Pavila, 291 Bridgeport Avenue Ive lived in town for 35 years, and I have one question for Mr. Lauretti. How can I do, myself, to buy the same amount of land, I would like his advice, for such a low price. I mean, I cannot buy a piece of swamp for $300,000. Dont you guys think something is wrong here? I start losing faith on the system. All those guys up there, sitting up there, they canceled their meeting that was supposed to be tomorrow and last minute. There would be more people here to see exactly what is the explanation. How can anybody nowadays can purchase 11 acres of land for $300,000? I could have given $500,000 and make him more money. Its just, Im losing faith in the system of all you guys, because you guys do nothing up there. You guys do not give advice to the Mayor or say, no, you cannot do this stuff. This is, theyre probably going to find out that its not right. Say that you pay lie say that you paid a million five, at least then nobody will come and complain. But I am confused that somebody in public office can buy 11 acres of land for that little bit of money like a charity. I mean you guys have to get up and say, this guy is right, were not doing nothing, sitting in our seats up here, and something has to be done. Ive lived in Shelton for 35 years and this is the only time I dont like it this idea of 11 acres for $300,000. You put one house on one acre and the house would be worth one million five. I mean, what are we doing this for? This is ridiculous. Thanks. Rick Carlson, 28 Wesley Drive Good evening, Mr. Mayor and members of the Board. I dont have anything prepared, Ive been thinking about what to say while Im standing in the back of the room. Ive had many discussions with many of the Board members on the Board of Aldermen and on various other Boards in the City. It always comes down to right and wrong. Ive had conversations with Board members concerning nepotism, conflicts of interest that go on in the City. Ive had conversations with Board members concerning how we even manage our budget here in town, and what I feel is wrong. We bond for items that should be line items in a budget, and were looking at the kindergarten children five years old. My children do not go to the

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Shelton Public School system Im able to afford to have them go to a parochial school. But if it was my children, I wouldnt want my children driving an hour on a bus to go to Sunnyside. I think we need to look at our children, and do whats right, because last year, I think the Board of Aldermen and the Mayor bonded $2 million for the Frenchs Farm purchase, for putting sewers in, for paving some roads, and those are items that should have been line items in the budget. But we used the mechanism that allows the Board of Aldermen to bond two percent of the grand list for emergency spending, for things that just come up out of the blue, for something that might be right. One of the things that might be right is if we had that $2 million at the Board of Aldermens discretion if they didnt bond last year for items that I feel should have been line items we could have bonded $180,000 to put modulars in, because its the right thing to do. Its the wrong thing to do to send our children, like Mr. Panek said, its 50 minutes away, to a school. People did not move up to White Hills to send their kids to Sunnyside School. They moved up to White Hills because they wanted their children to go to Elizabeth Shelton. They didnt expect their children to be on a bus for 50 minutes. Im sure before people moved in and bought their home in Shelton, if they realized their children would have been on a bus, they might have had second thoughts about moving into Shelton. I think that as members of the Board of Aldermen you should do whats right. I personally spoke to Mr. Leon Sylvester, the Superintendent of Schools, yesterday. He blames Mr. Mayor Lauretti. Mr. Panek spoke to Mr. Mayor Lauretti this week. He blames the Board of Education. Our children are stuck in the middle. Why do they have to pay the price? I look to the Board of Aldermen. Lets do whats right. Lets get together. If the Mayor and the Board of Aldermen want to take the credit, well rally behind you. If its the Board of Education, well rally behind them, because we want whats right for our children. We owe it to our children. We have a responsibility to our children. As the leader of the City, Mr. Mayor, you and I have disagreed, weve agreed on issues. This is one issue that you should get behind the residents and do whats right for our children. I ask each member of the Board of Aldermen to support the Mayor in his decision, if he supports the modulars. If he doesnt support the modulars, dont follow the party, follow the residents, because you represent the residents, you dont represent the Republican Party, you dont represent the Mayor, you represent the residents that elected you. And if youre an Alderman in the Third Ward, and you dont represent the First Ward, you represent all of the residents of Shelton. You get elected by the residents in your Aldermanic Ward, but you represent all of the residents of Shelton. What impacts the First Ward impacts the Second Ward and impacts the Third Ward. It is

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evident with this busing plan, because its impacting the Second or Third Ward, wherever Sunnyside School is. Its children from the First Ward. So members of the Board, you represent all of the City. As far as the land deal, youre taking some heat on that. I just hope it doesnt turn into a sweetheart deal like the Hilton did, and I hope you dont push for a PDD, I hope you keep it R-1, because weve disagreed over development in town. I hope you do whats right there. I hope when you look in the mirror tonight and you wash your face and you look in the mirror and you say, am I doing whats right for the residents of Shelton? Because I question some of the moves that have been going on over the last few years, and now its affecting our children. So lets do whats right. Thank you. Darlene Conklin, Two House Lane I have a very simple definition for the term, unethical. Its the appearance of doing wrongdoing. The Mayor has created for himself the appearance of wrongdoing, or has done something unethical in the manner in which he pursued the purchase of the riverfront property next to Latex Foam. Thank you. Mayor Lauretti asked if any other member of the public wished to address the Board. Being none, he declared the Public Session closed. Mayor Lauretti stated, I just want to let the audience know, for the benefit of everybody here, that on the agenda tonight is the subject of my purchase on the River Road, and were going to have a discussion before the Board of Aldermen, and I will welcome questions from the audience. Knowing full well that there are some detractors of mine who are here tonight, that Im never going to be able to convince, but there is a record of chain of events that people will see and decide for themselves. You know, some people have already made some assumptions that there is an element of wrongdoing here, and if you really believe that in your heart of hearts then the only thing TAPE ONE, SIDE TWO that would like to have this issue on the table, face up, so everybody could see the factual accounting thats taking place. Because I value my reputation as much, and maybe more, than some other people.

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I stand behind some of the things that this City has been able to accomplish over the last 13 years under my tenure, and Im not about to let this issue cloud all of the good things that have transpired over the last decade. With that, well move on with the regularly scheduled agenda and Ill give you all a chance to weigh in on some of the things that we put before you this evening. Agenda Items Minutes for Approval Alderman Anglace MOVED to waive the reading of and accept the following meeting minutes: 1. 2. 3. 4. 5. 6. Special meeting of February 3, 2004 Regular meeting of February 11, 2004 Special meeting of February 20, 2004 Public hearing of February 24, 2004 Special public hearing of February 24, 2004 Special meeting of February 24, 2004

SECONDED by Alderman Kudej. Alderman Finn requested that the minutes of February 11, 2004 be corrected to reflect that he was excused from the meeting, and not absent, as he had sent an e-mail to Alderman Anglace and called the Clerk and left a message on the answering machine. Mayor Lauretti asked, it would read, absent and excused. Alderman Finn replied, no, just excused. Mayor Lauretti stated, absent would be appropriate, because you werent here, so absent and excused. Alderman Finn stated no, just excused, I asked to be excused from the meeting, dont make it technical. Alderman Anglace stated, if youre not present at a meeting, what are you, excused or absent? Alderman Finn stated, if I could get a copy of the e-mail I sent you, I asked to be excused.

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Alderman Anglace stated, no problem. Alderman Finn stated, and Ill provide everybody up here on this Board with a copy of the e-mail as well, so they can see that I asked to be excused. Alderman Anglace stated, when somebody writes and e-mail, and Ill be glad to produce the e-mail that you wrote, but that doesnt mean that you were present at the meeting, and to say anything else in the minutes other than absent is misleading the public. You dont want to mislead the public. Alderman Finn stated, its not misleading the public, Alderman Anglace. In the past Ive been excused from the meetings and there has been no problem. All of a sudden theres an item placed on the agenda tonight and theres a problem with me having the word changed from absent to excused. Mayor Lauretti stated, so noted for the record. A voice vote was taken and the MOTION PASSED 6-0. 5.1 FINANCE COMMITTEE

5.1.1 Meeting Minutes of January 22, 2004 Alderman Kudej MOVED, per the recommendation of the Finance Committee, to waive the reading and approve the minutes of the Finance Committee meeting of January 22, 2004; SECONDED by Alderman Marangelo. A voice vote was taken and the MOTION PASSED 6-0. 5.1.2 February Tax Refunds Alderman Kudej MOVED per the recommendation of the Finance Committee that the report of the Tax Collector relative to the refund of taxes for a total amount of $3,328.39 be approved and that the Finance Director be directed to make payments in accordance with the Certified List received from the Tax Collector. Funds to come from the Tax Refunds account #001-6100-412.80-42; SECONDED by Alderman Papa. A voice vote was taken and the MOTION PASSED 6-0.

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ACCOUNT # 02-01-1017 02-03-490 02-01-1987 01-02-1528 02-01-12104 02-01-22504 02-01-23388 01-02-4844 02-03-10851 02-01-28377 02-01-37167 02-01-37339 02-01-34324 00-02-6362 02-01-19978

NAME Asayag, Yigal Auscavitch, Charles & Barbara Battaglia, Achille Dellolio, Michele Garfield, David Monaco electric of CT Nathan, Allen Jr Pires, Arquibaldo Rastogi, Amit & Priya Rotondo, John Selepec, Berangere Tallcouch, Paul Vardzik, Stephen Velazquez, Carmen & William Madison, Andrew

AMOUNT $ 204.10 $ 667.08 $ 15.86 $ 59.49 $ 77.79 $ 139.65 $ 10.67 $ 446.17 $ 4,106.14 $ 15.94 $ 25.63 $ 16.57 $ 54.40 $ 275.14 $ 16.15 $ 6,130.78

REASON Wrong tax Town Paid Twice Destroyed Assessed twice moved Sold Sold Wrong tax Town Paid Twice car stolen Sold Sold Sold Wrong tax Town moved

5.1.3 Annual Merit System Increase Alderman Finn stated, Mr. Mayor, before you go into the next item, Ive sent a letter to the Ethics Board advising them, as well as the City Clerk and the Board of Aldermen and yourself that my daughter is a Merit System employee and I cannot participate in discussion or vote on this action, so Ill excuse myself from the table. Mayor Lauretti stated, I dont think its necessary to leave the table, but the record is so noted. Alderman Anglace stated, to what degree do you have to excuse yourself if youve got somebody in the Merit System. What relationship; any relationship? Mayor Lauretti replied, not that Im aware of. Alderman Kudej MOVED per the recommendation of the Finance Committee that the salary increase for the Merit Employees for fiscal year 2004-2005 be three percent (3%) and be applied per Section 5.6 of the Merit System and Personnel Rules; and FURTHER MOVED that the maximum figures on the salary schedule for job grades 11 through 29 be increased by six percent (6%); SECONDED by Alderman Papa.

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Alderman Anglace stated, it should be noted that the six percent is not these grades were not adjusted last year, so thats why were catching up on this year. A voice vote was taken and the MOTION PASSED 5 Yes, 0 No. Alderman Finn excused himself entirely from this vote. 5.1.4 Ernest Malecki Alderman Kudej MOVED per the recommendation of the Finance Committee that the $20 fee for returned check be waived, and that Ernest Malecki be reimbursed the $20 he paid to the City, funds to come from the Miscellaneous Refunds Account; SECONDED by Alderwoman Marangelo. A voice vote was taken and the MOTION PASSED 6-0. 5.1.5 Ripton Playground Alderman Kudej MOVED, per the recommendation of the Finance Committee to add the Ripton Playground Renovation Project to the Capital Improvement List with $20,000 to come from LOCIP; SECONDED by Alderman Anglace. A voice vote was taken and the MOTION PASSED 6-0. 5.2 PUBLIC HEALTH & SAFETY COMMITTEE

No items. 5.3 STREET COMMITTEE

5.3.1 Minutes for Approval Alderman Olin MOVED, per the recommendation of the Street Committee, to waive the reading and approve the minutes of the Street Committee meeting of February 3, 2004; SECONDED by Alderman Kudej. A voice vote was taken and the MOTION PASSED 6-0. 5.3.2 Sale of State Owned land File No. 126-68-20A Alderman Olin MOVED, per the recommendation of the Street Committee and the City Engineer, to show a non-interest in the property known as File No. 126-68-20A located on Howe Avenue; SECONDED by Alderman Kudej. A voice vote was taken and the MOTION PASSED 6-0.

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5.3.3 Performance Bond Release Cedar Hill Estates Alderman Olin MOVED, per the recommendation of the Street Committee and the City Engineer, to approve the release of the $58,000 performance bond for Cedar Hill Estates subject to the following: 1) The Board of Aldermen accept Cedarwood Lane from the former dead end at 42 Cedarwood Lane northeasterly to the new cul-de-sac, 260 feet; The developer posting maintenance bond in the amount of $11,600 for a period of one year from date of acceptance

2)

SECONDED by Alderman Kudej. A voice vote was taken and the MOTION PASSED 6-0. 5.3.4 Performance Bond Release Tuxedo Avenue Extension Alderman Olin MOVED, per the recommendation of the Street Committee and the Planning and Zoning Commission, to approve the release of the $5,000 performance bond for the completion of improvements for the extension of Tuxedo Avenue subject to the following: The Board of Aldermen accepting the extension of Tuxedo Avenue from the former cul-de-sac at house #40 to the new cul-de-sac at house #48, 90 feet; Seconded by Alderman Kudej. A voice vote was taken and the MOTION PASSED 6-0. MAYORS CORRESPONDENCE Mayor Lauretti stated, I have received two letters from the Conservation Commission that asked me to read these into the record. The first one reads as follows: March 10, 2004 Regarding the Acquisition of the Tall Farm and Wabuda Property The Shelton Conservation Commission, in a meeting on March 3, 2004 made a motion to strongly urge you to pursue, in all due diligence, the acquisition of the Tall Farm and the Wabuda property in order to allow the voters, at a referendum, to decide the property of purchasing the Tall Farm and the Wabuda Property, and the Wiacek Property, if necessary.

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The second letter is regarding the acquisition of the Wiacek Property. The Shelton Conservation Commission, in a meeting on March 3, 2004, made a motion to support the acquisition of the Wiacek Property, even if the Wiacek family builds some houses for themselves around the homestead in the southeast corner of the property. In our opinion, the integrity of the property can be maintained with this occurring. But we strongly urge you to resist any proposal that would allow a roadway to be cut through the existing open space already owned by the City. This would not be justified by the loss of open space. The nominal difference in the purchase price that would result by doing this and the integrity of the property would be greatly reduced. The Conservation Commission thanks you for your efforts toward the purchase of this land and will offer many potential uses for the City.

PRESIDENTS CORRESPONDENCE Alderman Anglace stated, as part of my report, Im going to take up the issue of the Mayors purchase of this property. I want to start out by addressing the people that raised the questions. I want to try to make this informative, where we can get at the information and keep it open, so that questions can be asked. If we dont have the answers we can get them. I listened to the Public Session tonight, Ive read in the papers, Ive got the articles here, Ive got a letter that was sent to the Conservation Commission, and the more you talk about this and the more you see things, the more you find that the facts get distorted as you go along, as things have passed on. My first attempt was to look at the facts, and see if we could agree on what the facts are so that everybody could be starting from the same position on this thing. What I did was to start a search and try to get some factual information from various sources. The real estate agent on this property sale was C.B. Richard Ellis Real Estate Agency, which is a national firm. Back on September 27, 2000, Emhart listed their property and buildings 29 acres with C.B. Richard Ellis Real Estate Agency for $6,780,000. The initial listing agreement ended on May 30, 2001. On May 30, 2001, Emhart re-listed their property and buildings, 29 acres, with C.B. Richard Ellis Real Estate Agency, this time, realizing that they werent having any success, for $4,000,000. So they really came down.

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On October 5, 2001, Latex Foam went to Planning and Zoning for site approval. They got involved; they got interested in the property. They were there in a designated industrial zone, the application was considered as a matter of right. On October 9, 2001 Planning and Zoning approved the site plan, and in accordance with Planning and Zoning regulations, they approved a split of the property, with 14 acres +/- separated from the building and the parking lot. On December 12, 2001, Emhart listed the 14+/- acres with C.B. Richard Ellis Real Estate again, this time this is the residual now for $500,000. On December 31, 2001, Latex Foam proceeded to purchase the building and parking lot. That was the transaction date, for $3,500,000; $500,000 less than the listed price. January 30, 2002 Mark Lauretti offered $310,000 for the 14+/- acres. On February 20, 2002 Emhart counter offered $325,000 for the 14 acres. On February 21, 2002, Arnold Peck offered $300,000 for the 14 acres. Emhart accepted Laurettis offer, subject to conditions. The due diligence process commenced and on December 31, 2003, Housatonic Way, LLC, owned by Mark A. Lauretti, purchased 9.3 acres +/-. 9.3 acres +/-, not 11. This land is known as 550 River Road from Emhart Technologies, and he paid $325,000 for it. This is a chronology of the facts of what happened. Now if anything is missing, and you want to know anything, Ill be glad to provide it. If youve got any questions, Ill be glad to entertain them, hopefully in a nonaggressive manner. Im hard of hearing and I kind of get a little aggressive with my speech, so bear with me if I raise my voice. Alderman Finn stated, yes, Alderman Anglace, Ive got the Shelton Open Space Plan of 1993. In the Open Space Plan, it indicates that the open space consists of two major concepts. The second one is a greenway corridor program, which is the Housatonic Greenway; we also have the Ivy Brook and Means Brook and so forth. A greenway can be located along a waterway. Its valuable landscapes provide opportunities for recreation. The Housatonic Valley Greenway [inaudible] value along the entire length of the corridor. The Housatonic Valley Greenway is from the Monroe town line, south, to the intersection of Far Mill River, at the Stratford town line.

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With our Master Plan of Development that we have for the City of Shelton, it also points out that encourage utilization of the Housatonic River for recreation purposes. Special use in natural areas. Special use would include golf course, beaches and other unique facilities. It also points out as well as expanding access to the Housatonic River. Such as preserving and protecting Ivy Brook all the way down the Housatonic, or very similar to what we did with Murphys Boat Yard instead of selling the property to Murphys Boat Yard, we retained a 25 foot sliver all the way down to the Housatonic River. Alderman Anglace stated, a right of way. Alderman Finn continued, it shows a map of the open space here in Shelton. Here is a very colorful map showing the Housatonic Greenway along the Housatonic River as well, from the Stratford town line to Monroe. Im glad you brought up some of the facts, because I promised the realtor I would not mention his name when I spoke to him. I would not mention his name and I would not mention the real estate office as well. But in the Huntington Herald, Mayor Lauretti said he purchased it from C.B. Realty. C.B. Realty is Catherine Blakeman Realty which is located on Huntington Street here in Shelton, and she had nothing to do with the thing. It was also indicated that its a residential, but the property data in the Assessors Office indicates it as industrial. We have two differences of opinion on facts. Youre absolutely right in what you said on a lot of the stuff, as a matter of fact, you were helpful in my research of this, and Id like to thank you and you said go back three years, when youre looking at the property, it was just so and theres no for sale sign there. Alderman Anglace stated, that isnt all I got. I got more. But I appreciate the fact that youve acknowledged that what Ive done so far is accurate. Alderman Finn stated, to a point. Alderman Anglace asked, is there something inaccurate? Please tell me. Alderman Finn stated, the real estate broker recently identified himself as the agent who handled the deal. The second time I called him, he said no, I wasnt the agent that handled the deal, it was somebody else.

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Alderman Anglace stated, but I didnt report that. I appreciate your report to me, but Im asking you if there is anything inaccurate about what Ive reported. Alderman Finn replied, yes. The third time I called I asked for the listing. I got an answering machine this time, and he hasnt returned my phone call on the listing, so Im glad to see that you had the listing, at least. But I will get the listing. Alderman Anglace stated, Ill give you a copy of this its not a problem. Alderman Finn stated, the broker indicated that the for sale sign was placed at 510 River Road, which is the old Pop Fastener building. He said that encompassed all of the property down to where the pine trees are on River Road, just the other side of the substation for the City of Shelton the sewage treatment plant. He said when the property was sold, that yes, they did divide the property. The company Latex Foam indicated that it did not want any part of the contaminated property and they were very concerned with that. Thats why they insist on having the deeds separated prior to closing. I asked him if it was ever advertised, and he said yes. His website. How many people in the City of Shelton know the website of this real estate company? Alderman Anglace stated, Jack, Im not responsible for how they marketed their property or what they did about it. I dont think, in all fairness, anybody else is. But let me continue. Alderman Finn stated, I have one question that maybe you can answer, though, one question. Within the City of Shelton, the Housatonic riverfront presents some of the few remaining prime parcels of property available for the preservation of open space. Whether used for active recreation or merely for passive purposes. The officials of our City should have an alert ear and a keen eye focused on such precious opportunities. The property in question at 550 River Road presents such an opportunity to call into question whether the City should have pursued the acquisition of some 9.32 acres purchased by Housatonic Way, LLC. Mayor Lauretti stated, Jack, can I stop you there? What you just read could that not apply to several pieces of property within the City of Shelton? Such as the Wiacek Farm, such as Wabuda, such as Frenchs Farm, such as Shelton Lakes that the new Intermediate School sits on? Alderman Finn replied, everything, yeah.

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Mayor Lauretti stated, so, at what point in time will we, as a City, say, were going to establish a priority list, were going to follow the priorities, and these are the properties that were going to pursue? Or are we just going to do this willy nilly and pull this out of the sky? Because as far as I know, back in 1993 when that Open Space Master Plan was approved, this property was not part of it. And from that time, there was not one person that ever mentioned this property as being a priority, or a property that this City should purchase. Alderman Finn stated, well I think we all missed the boat on that because it should have been sold and the City should have purchased it. We should have purchased the property all the way from the park that we currently have on the Housatonic River, all the way up to by the Coram cemetery. That would be a beautiful piece of property for a park for the residents. We should have done that when Mr. Matto was putting his house up. But getting back to my question, Mayor Lauretti stated, but that wasnt an issue, because Matto bought that property and came in for a PDD and got a zone change and was going to run a commercial operation and that wasnt at issue for anybody. Alderman Finn stated, it should have been. We missed the boat on that one, too. One of the things I asked the broker. Was he aware that the City of Shelton would be interested in property on the riverfront. He said no, he had no knowledge of that. But he had praise for you, Mr. Mayor, he said you did contact his office several times pertaining to City business to attract business into our community which we entrust you to do, and we thank you that I do that. Mayor Lauretti stated, and I do that with several brokers, particularly for all of the properties up on Bridgeport Avenue and the vacant office space. I go to broker forums and they ask me to speak about the aspects of the City and why someone should select the City of Shelton as their place to do business. Alderman Finn stated, and we thank you for that; that is what we entrust you to do. Upon confirming that the chairperson of the Shelton Conservation Commission was divulged by Co-chairman Terry Jones that the Commission investigated the parcel and declined pursuing based on the behalf that the property was contaminated. If that is indeed the case, is the 9.32 acre parcel purchased by Housatonic Way contaminated? That is my question.

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Mayor Lauretti replied, I believe the answer to that is no, its not contaminated. Alderman Finn stated, so thats why it was split into threes on the deal. Mayor Lauretti stated, that is correct. Alderman Anglace stated, alright, let me continue. The Conservation Commission. The Shelton Conservation Commission and Open Space Committee did look into this property purchase several years ago. They were aware of it. This is their recent statement, the Conservation Commission did talk about the 14 acres at 550 River Road when it was brought to our attention several years ago. At that time, we did not know the price of the land, but we did know it was contaminated. When we learned of this, we were not interested, so we did not pursue its purchase. If you ask the question, was this property offered to the City, its a matter of record that the Conservation Commission was aware of the land, discussed it long before the real estate agent discussed it with Mark Lauretti, the Conservation Commission did not pursue this land because of the contamination, and went in pursuit of other acquisitions thought to be of higher priority. When I asked the members of the Commission why they didnt think to make an offer on the property or bring it to our attention, they felt that when they found the contamination, it just was not worth it we have other bigger fish to go after. Thats not their words the bigger fish thats my interpretation. But the point being that the process we followed for the last 12 years has been working through the Conservation Commission, and they have brought many properties to our attention, and the Open Space Committee, which, everybody should know, is a part of the Conservation Commission. They did examine it and they did turn it down. Alderman Finn stated, youre saying this in response to my letter? Thats your response? Alderman Anglace stated, I dont know if this is a response to your letter, but somewhere it was asked, I read it in the paper, so Im just responding to it. I want to give you some financial observations. It was 29 acres of land when this all started out. Land and buildings. The land and buildings was originally listed for $6,780,000. Later it was reduced to $4 million. The land and buildings were sold to Latex for $3.5 million. Then Emhart listed the 14

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acres for $500,000. That comes out to roughly $35,700 an acre. The 9.3 acres purchased by Housatonic Way was purchased for $325,000 which is $34,946 an acre. Weve been paying, ourselves, for open space, roughly around $30,000 an acre. So when people talk about sweetheart deals, this deal was available to anybody who sought it, and there was another bidder on it. Alderman Finn stated, so everybody knows what my letter stated, Alderman Anglace stated, we didnt get a copy of your letter. Alderman Finn stated, you made mention of the fact that you do have a copy of my letter, so Id like to read my letter into the public so the public is aware of what I said, and it was both addressed to the Shelton Conservation Commission as well as the Shelton Open Space Committee. I sent two letters out. The letter states, Dear Mrs. Wilbur and Mr. Jones, the City has recently experienced a dramatic growth period in the particular properties which were previously taken for granted as open space as being made available for development. As others may be in the future. The City should be vigilant and take action to preserve properties as open space. The City of Shelton has a need for active recreation facilities especially along the riverfront. The property at 550 River Road was recently purchased under the name Housatonic Way. It has a great diversity of resource and potential of open space for the residents of Shelton. It provides a natural linkage along Route 110 to the Housatonic River and Ivy Brook and would create a greenway from the Housatonic River and Ivy Brook along Constitution Boulevard. This is something the Conservation Commission discussed in the late 1980s, to preserve and protect Ivy Brook. It would add to the rural character of our town and preserve [coughing] valued by the citizens adding to Sheltons long-term attractiveness. A major portion of the property should remain as natural beauty with limited development primarily for a City park along the Housatonic River. The current plan of development calls for an additional water-based recreation with special use of additional boating facilities. The City park would also be able to offer swimming, picnicking and fishing and community playground, all with easy access to Constitution Boulevard and River Road. Whether it is to protect our environment and provide recreation or a combination of both, Housatonic Way would be a treasure for the City of Shelton. I am requesting that the Conservation Commission and the Open Space Committee start the process of requesting the Board of Aldermen purchase the property for the City of Shelton and its citizens.

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It is my understanding that it was placed on their agenda, I havent followed up on it because Alderman Anglace stated, February 23rd they took it up on their agenda, the minutes are here, they acknowledge receipt of your letter. They acknowledge the fact that they know that the Conservation Commission looked at it around 2001; they didnt have the exact dates, and they had passed on the potential acquisition of it because of the environmental contamination. They also say in their minutes it has been on the open market for at least two years as far as they knew. So they were aware of it. Alderman Finn stated, I havent received a copy of the minutes or correspondence back from them, but Im doing so, pursuing on my own behalf, I would consider that interfering with the Commissions work. So Im glad that at least you have the information. Alderman Anglace stated, one of my duties is to try to provide any Alderman that needs to know information all of the information that I can get. Ive got some other stuff, but, the point is, I guess, do we, when we take office, all of us, we dont give up our Constitutional rights to buy and sell property. If we want to limit that, I think even passing an ordinance I dont think would hold up in a court of law. So you cant prohibit somebody you can second guess them you can say, well, John Anglace bought the property on the river, and he should have given that to the City first. Well, you know, a lot of people are going to believe that. A lot of people are going to say, well, it would have been nice for the City to have that. But the City had a chance to look at it, the City did not follow it up for whatever reason, and it died. Now, somebody else comes along, if its Joe Monanots or if its Mark Lauretti, and they come along and buy it, I mean, all of a sudden, because they bought the property, they paid market price for it, theyre not supposed to buy it? Alderman Finn stated, one of the Conservation Commission members who wasnt present, he was on a trip in Ireland, made reference to the fact in the paper, prior to receiving my letter, he never saw my letter when he made those remarks to whatever paper it was. I asked him, I said, did you ever do testing of the property, you said it was contaminated. He said no, I didnt. I said, did you ever get an appraisal on the property? He said no, I didnt. Alderman Anglace stated, no, they didnt. They heard contamination and they dropped it. They heard contamination and they dropped it. Now get this. They never mentioned it to me,

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Mayor Lauretti stated, let me see if I can clarify that a little bit, because to their interest, the property does have some contamination on it and its got a long history with DEP and EPA. The portion of that property that I bought is not contaminated. It was subdivided. There is a requirement from DEP for remediation that will occur this summer on a portion only. Another portion of that property is going to remain the way it is. There is a cap Im going to use landfill for the lack of a better term that is housing some metal hydroxide that is going to be maintained there in perpetuity by Emhart. So the property as a whole as a 29 acres did have some contamination on it. But two splits have occurred, and the final split for the 9.3 acres that I bought is, in my opinion, not contaminated, and I had it tested. Alderman Finn stated, the contaminated part is the smaller parcel on the third deed that Emhart has. Mayor Lauretti stated, right. Alderman Anglace stated, let me just say, as far as my report to the Board is concerned, I think Jack did the right thing, pardon, Alderman Finn did the right thing in questioning this I dont have a problem with that and I think the information should come out. I think we tried to bring it out as best we could. If there is anything that hasnt come out that you want me to bring out, Ill be glad to search for it. Alderman Finn stated, I did advise the real estate office that I spoke to on the phone that the City of Shelton would be interested in any riverfront property that comes available and for them to contact the Mayors Office. Alderman Anglace stated, our Conservation Commission is acutely aware. One thing we didnt mention. The Conservation Commission did bring to my attention, I dont know if they did to the Mayors attention, but they did bring to my attention a piece of land there one and three quarter acres approximately two years ago at the same time. They asked if we had an interest in purchasing it for $360,000 for that one piece, and I said, I dont think so, because it was on the other side of Sal Mattos house and our open space the South Bank is on the southerly side and this was on the northerly side, so wed have two pieces and it was just too expensive. Mayor Lauretti stated, Id like to stop at this point, and allow anybody sitting in the audience to pose any questions that they have. [Unidentified woman that spoke without the benefit of the microphone]

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Mayor, Id like some clarification on the contaminated portion. I have a couple of questions. [Same woman, now speaking into the microphone] The portion of the property that is contaminated that you just referred to that you did not purchase thats going to be cleaned up over the summer, who is paying for that cleanup? Mayor Lauretti replied, Emhart. Do you have any future ambitions to purchase that piece of property? Mayor Lauretti replied, I have an option to take a portion of it. Thank you. Bill Bures My question would be on the Conservation Commission. They only had two pieces of riverfront property to watch that was the downtown slab, that was of any size on the river, and that was this piece. They were asleep at the wheel. One person was able to be creative when he worked his own deal somehow to get money for his development rights up there on that farm, but my point is, there arent too many pieces of property I mean, youre on a navigable river there werent too many pieces to watch. You have a Planning and Zoning Commission, several Aldermen should be watching it, you have also the Land Trust or what ever. To me its like, not looking at that riverfront property, a lot of people would love, a lot of cities would love to have it, but my point is, it seems to me that it would be like Westport saying, oh, Compo Beach is up for sale, so what? Or for the U.S., the Grand Canyon is for sale, so what? I would try to make the recommendation that, be on the lookout for any large parcels on the river like that, but I dont think there are any more in Shelton, so I wont make the recommendation. Thanks. Unidentified Male I just want to clarify what youre telling me up here. When the property was for sale, when the Conservation people looked at it, they were looking at a large parcel and it was contaminated, but when the property became on the market later on, it was only the clean property that was put up for sale,

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the Conservation people should have been on their toes at that point. Youre shaking your head, Mr. Mayor, could you tell me why? Mayor Lauretti stated, because the way I understand it, as the property was put on the market in September of 2000 it was listed as 29 acres. The Conservation Commission and any of the land use boards, when they look at a parcel of property, the City is not going to take a factory with an industrial zone. That is really not in the design of any scheme or any plan to do anything, but I would have to believe that in the early 90s they looked at that 14+/- acres that did have contamination on it. Speaker: But that did not have the factory, the 14 acres. Mayor Lauretti replied, no. The 14 acres if the factory is here the parcel is this size, the 29 acres, the factory is here, the factory was subdivided and the balance was 14 acres that was here, if youre facing Emhart it would be on the right hand side, next to the Coram cemetery. Alderman Finn stated, to answer your question, yes, they should have been on their feet. When the property was divided in half that was divided in half over two years ago. I mean, if one person can get the property divided again into another portion where the contaminated property is removed from that property, the City of Shelton Conservation Commission could have looked at it. Speaker: Because well never, in any of our lifetimes, get an opportunity to do this again. Thats all I have to say. Mayor Lauretti stated, quite honestly, I was surprised myself when I was told it was available. I had no idea. Speaker: Why dont you turn it around now to the City of Shelton? Mark it up a little bit, take your fair share and offer it to the City? Mayor Lauretti stated, hey, if the City of Shelton is willing to pay for it, Im happy to sell it to them. Speaker: What are you asking for it? Mayor Lauretti replied, I havent established that yet. Alderman Finn stated, excuse me, Mr. Mayor, when I spoke with the real estate broker, he said you contacted him on the property.

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Mayor Lauretti stated, well you know, Jack, the only way to resolve that he said you said she said I said is to bring him in here and let him say that. Let him say that here in front of everybody. Alderman Finn stated, thats what he indicated to me over the telephone. He also indicated that he sent notification to SEDC and SEDC indicated they never received it. Mayor Lauretti stated, that may be. This is how they market their properties. Chris Panek: Id like to thank Alderman Anglace. I think he shed a lot of additional info that I wasnt aware of in terms of the facts of the whole issue. The only info I have is what I read in the paper. I think just based on peoples comments tonight, and public perception, I mean, you can kind of draw a direct correlation to the recent Martha Stewart trial. She was, Martha Stewart, dumped her ImClone shares because she got inside information from Sam Waksal that the stock was going to dump. I think thats one of the major issues here. I dont know, was the Mayor involved directly with the listing agent to bring Latex Foam in, and then the listing agent, in turn, was providing info back to the Mayor I dont know if thats fact or not and Im not claiming anything illegal was done and maybe you could answer that what was the relationship during the Latex negotiation for the property between yourself and C.B. Richard Ellis, and did that have any, in terms of them providing you info, when the property came up for sale for you to purchase? Mayor Lauretti replied, people are going to draw their own conclusions based on what is either their perception or what they want you to believe. I had no specific dealings with C.B. Richard Ellis and Latex Foam during that whole transaction, but I will tell you that it was a perfect fit for them it was almost a no-brainer and it was available at the right time. When they had their fire, that property was available. It was the only one for miles around. So it was a natural thing almost like a hand in glove thing. Naturally I supported it because I thought is was a good thing for Shelton from the standpoint of jobs and the standpoint of the tax base and the fact that they were going to get all new equipment, and their same operation that they had run in Ansonia wouldnt have been run here in Shelton. They have state-of-the-art equipment, financed by the State of Connecticut. So it was a natural thing for me to support that initiative, and I stand behind that. Mr. Panek stated, yeah, Id agree with Alderman Anglace that there is nothing illegal about you going out and purchasing a piece of property if its listed and its for sale, I mean, it is just public perception based on what I

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hear people saying tonight. Its just that they think maybe you were privy to inside information to swing a deal to get the piece of property. Whether thats true or not Ill let the people decide. Thats just Mayor Lauretti stated, people are going to have to decide that for themselves. I didnt set the listing price at $500,000. Alderman Anglace stated, Chris, since you agreed with me, stick around after the meeting, because Ive got something to tell you. Speaker: Im curious why the 1.3 acres of land thats a poor piece of land was priced at $360,000 and 9 acres of land was priced for $325,000. I dont know if you can answer that, but it seems very suspicious. It also seems suspicious that the director of the Economic Development Commission is involved in this, heavily, and has to be privy to this information coming in and out, and therefore, his responsibility should bring it to the City, not to himself. Mayor Lauretti stated, Im not sure I agree with you that its my responsibility to bring it to the City, because nowhere is it ever listed as a City priority on our Open Space Plan. Speaker: River Road property is. Property along the Housatonic is listed as a priority. Alderman Anglace stated, what youre doing is youre re-writing the greenway now. Speaker: No, read it, John, read it. Youre good at reading things read that. Jack read it very good. Alderman Papa stated, we have a lot of Boards and Commissions in the City, and we have confidence in a lot of the Boards, TAPE TWO elected official, maybe we wouldnt be here tonight discussing this. So I dont have a problem with, say, John Papa, Alderman, wants to buy a piece of property in Shelton. Im going to have to offer it to the City, or have to ask somebody if I could purchase it? I dont think thats right either. I think what Mark did, I dont have a problem with what he did. It was on the market, he bought it, he didnt get a deal on it. Open Space didnt want it. Conservation Commission didnt want it. I dont see a problem. Youre only out here because you, basically, hes the Mayor of the City of Shelton. That

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is the only reason why youre here. If it were somebody else, you wouldnt even be here. Alderman Finn stated, Alderman Papa, it has nothing to do with the Mayor as an individual. It never has, okay? Thats been in the paper. I made that clear. So thats not an issue, so lets not make it an issue. The issue was, the Mayor is the Economic Development Director for the City of Shelton. He has first knowledge of property that is for sale within our community, or vacant office buildings within our community. The real estate office indicated to me that the Mayor has contacted them a number of times about attracting business to our community, which is what hes supposed to be doing, thats what hes entrusted with. The same gentleman indicated to me that the Mayor is the one that contacted him on the River Road property. Alderman Papa stated, well, it was on the market. Mayor Lauretti stated, you know, Jack, we went through this on Pootatuck Place, when I bought the property up there and I asked for the zone change, and you know, what kind of individual was I, going to put a daycare in an industrial place that was polluted, and I was unethical and on and on and on and on. It wasnt an issue that I bought the property up there and sold it for three times as much as I paid for it, because I couldnt stay in business, because I was harassed out of business by the Police Department, by the Democrats and the media. We find that entertaining, dont we? The shoe is on the other foot now. Of course its my fault. In your eyes, everything will be my fault, just as in a few other individuals. I havent done anything right in 13 years. I understand that. I know it. Mr. Zuckerman: The point is that you are the Economic Development. You are the highest official in the town. You have first knowledge and you have an obligation to the town. You also have an obligation to yourself. But the obligation to the town, I think, outweighs the obligation to yourself and that this piece of property, you arent Joe Mocaratz, like Mr. Anglace says. You are the chief public official. That obligation holds certain ethnic, certain ethic, holds ethics. I dont think its ethical. Mayor Lauretti stated, well, youre entitled to your opinion, Mr. Zuckerman. If you feel aggrieved there, then theres a process and a protocol for you to follow with the Ethics Commission. Mr. Zuckerman: Youre not the only one thats been harassed by the town.

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Rick Carlson; Good evening, Mr. Mayor, members of the Board. Mr. Papa, people are here because theyre concerned of the perception. Thats what theyre here for and thats why Im here for. I missed the discussion and what Mayor Lauretti said and how he came about purchasing this land. But the perception that is on the outside looking in, it looks like someone was tipped off here. Bought land on the cheap. I mentioned earlier about the Hilton deal. Mr. Mayor, you have to live with your conscience. You have to wake up every morning, you have to go to sleep every night. Just like I do. What I see is unethical. I saw unethical at the Hilton. I see some unethical dealings being done on the 11 acres, 9 acres, whatever it is, on the riverfront. Keep it R-1. Dont go for a PDD. Youre the one that appoints the chairman of the Shelton Economic Development Commission. They are tipped off on all land deals businesses moving into the community. You work hand in hand with that Economic Development Commissioner. So you know whats going on in the City. As far as what has gone on in the last 13 years, I commend some of the things that the Mayor and the Board of Aldermen have done in the last 13 years. I supported the Mayor and the Board of Aldermen over the last 13 years. But the last six, Ive seen a slick, political machine in action, at the expense of the residents. You can disagree or agree. Its my opinion and Im entitled to it, just like every resident in this town is entitled to their opinion over whats going down with that land. I would have bought that land for $350,000. I would have thrown $50 grand down and took out a loan for $300 grand and gone to the Planning and Zoning and asked for a PDD, built condos and made millions of dollars. If you want to open up a catering hall, fine. But why not do whats right and keep it R-1. Dont go the PDD route. You have to live with yourself, just like I have to live with myself. The members of this Board have to live with themselves. Like I said earlier, its right or wrong. Alderman Anglace stated, I just want to comment that, he has not made an application to Planning and Zoning for anything. I dont know where the public is getting the impression that its a catering hall or its something else. Mr. Carlson stated, I believe the Mayor, it was in the paper, and it was a quote from Mr. Mayor Lauretti. Mayor Lauretti stated, that is correct. I did say that publicly. I was contemplating a catering facility. Mr. Carlson stated, thats correct. And I commend him hes a businessman. Hes been in the restaurant business his whole life, and I commend him for giving up his time and being Mayor of the City.

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Alderman Anglace stated, but as you said, it may not turn out that way, well see. Mr. Carlson stated, I agree. I think it would be great if he donated the land to the City. I think it would be awesome. Make a profit on it. Sell it to the City for $700,000. No, if thats unethical, Ill agree to that one. I mean, youre going to spend $700,000 on some landlocked land thats not buildable. This is prime, real estate land. Mayor Lauretti stated, I dont know where youre getting that information, but that is so far out of whack, that Mr. Carlson stated. well see what transpires. Mayor Lauretti stated, you will see. Youll be quite surprised. Mr. Carlson stated, if Im surprised, Im surprised. But all I can say is that everything that the residents say, the public says, were always wrong. Youre ill-informed. You dont have all the facts. Youre our representatives. Give us the facts. If Im accusing you, and Im accusing you incorrectly, tell me. Tell me. All I see is a deal that is reminiscent to Pootatuck, to the Hilton, to an elected official getting a zone change. If youre going to get the zone change, it shouldnt happen. That is the perception on this side. That is what Ive read in the paper and the residents have every right to come out here and question. Mayor Lauretti stated, lets talk a little bit about this zone change issue, because I think that, that issue gets clouded. Just because something is a specific zone, that doesnt mean that 20 or 30 years down the road that there shouldnt be a change in the way that the change takes place is through zone changes. As an example, the property up on Pootatuck. Lets talk about that, because you think that was unethical. Thats okay. Mr. Carlson stated, I didnt say that, I said, the perception, Mayor Lauretti stated, people have to decide for themselves whether they think that having a hotel in that location is more beneficial for the City of Shelton in terns of the tax dollars and the use as opposed to a heavy industrial complex from which was originally zoned for when I originally bought it. Now, if that area hasnt transformed itself into an elite corporate part of our community that is served by hotels and restaurants and other amenities that attract this corporate arena that we have here in Shelton, I would suggest that you take a closer look at it and take another evaluation of it, to see if it makes sense or not.

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Mr. Carlson stated, and Mr. Mayor, I think its great that a Hilton came to town, but again, Mr. Mayor, its the perception. Thats all Im saying. Its the perception as a resident of Shelton. Ive lived here for 15 years. As a resident of Shelton the perception is unethical. Mayor Lauretti stated, the perception in some peoples minds will always be that. I understand that. Mr. Carlson stated, when you appoint these officials to the SEDC, theyre getting tipped off that people want to come into this town, a hotel is looking, and all that kind of stuff. They get tipped off on that stuff. Im not saying, things happened, Im just saying, the appearance, to the people that elect you. Thats what is going on here. Whether you bought it honestly, I commend you for cutting a great deal for yourself. But I wish that everybody had the opportunity that you had. Thats all Im saying. Because the perception and some of the things that people in this audience are fighting in this City in other development issues because its affecting their backyard the perception of officials that you appoint to Boards, is the same thing that is taking place on the riverfront here. Its the perception. Its the developer on Inland-Wetlands, its the developer on P & Z, the perception. Thats what we have in this town. That is why I said, I commend what youve done for 13 years, Mr. Mayor, youve kept taxes low. Youve bought open space. Youve done a lot for this City. Im proud to be a resident of Shelton. But Ive seen a slick political machine over the last six years. It concerns me, the direction that Shelton is going in. Like I said earlier, every one of you, you have to do what is right and wrong. You dont follow a party and you dont follow an individual. You follow the people that elect you. I know what takes place, Im not in there, but I know what takes place in that Aldermanic Chamber. Because I never see any arguments, I never see any discussions that are confrontational out here. I see everything 7-1, or 6-2. I see on the Planning and Zoning; the other Boards too and the other meetings that I go to. Republicans v. Democrats. Lets play the political game here. Theres too much opposition. The perception here, Mr. Mayor, is the same perception that I see. Its my personal opinion and Im entitled to it. Mayor Lauretti stated, you know, if you go back and you look at the history of those zone changes that occurred over the last 15 to 20 years, long before the Lauretti Administration showed up, a lot of them are all bipartisan and unanimous. The discussion has to come from both sides of the aisle.

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Mr. Carlson stated, and I agree with that. But for the last 13 years we had a Republican-controlled administration. Everything is just flying by. Mayor Lauretti stated, but Rick, at the end of the day, people have to decide whether these are good things or bad things. Im not going to suggest that all of these things are good. Ive agreed with this issue of changing the R-1 zone. Im not a proponent of that; never have been. Ive spoken publicly of that, you know that. Mr. Carlson asked, why not? Why not come to me and say, enough. Like it was the Fairfield or Trumbull Selectman came down and said, enough. Enough already, P & Z. Mark, you know how things are done in this City, just like I do. And I dont want to get into a discussion. A lot of these workshop sessions that take place upstairs, before a development is even presented to the public those are illegal. Those are illegal. Mayor Lauretti stated, I dont know how those could be illegal, theyre posted from the Town Clerks Office, theyre held in the light of day at City Hall, open for anybody to walk in and see them. How are they illegal? Mr. Carlson asked, how do City officials talk about a development that hasnt had a public hearing yet? How does it get presented? Then Planning and Zoning is working the development. I know Im getting off on a tangent from what we were talking about, but, Im just saying, Mayor Lauretti stated, a lot of this stuff is really taken out of context, Rick, and its not fair to talk about these things that youre saying in isolation. Mr. Carlson stated, Mark, if were taking it out of context, correct me. Correct me when Im wrong. Mayor Lauretti stated, look, if theres a proposal, if theres a multi-million dollar proposal that someone is interested in investing in the City of Shelton, and they want to come in and talk about some of the problems associated with that, and are there ways to get over the hurdles, that makes sense for the City and the economics of the development, is that a bad thing? Mr. Carlson asked, corporate development? No. Mayor Lauretti stated, well thats the majority of whats happened here. Mr. Carlson stated, Mark, okay. When it affects someones back yard, no, its not right. Because then it pits the developer against the resident. And the

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resident who lives in Shelton should have first say of what happens in their back yard. Mayor Lauretti stated, I wouldnt disagree with that at all. Mr. Carlson asked, so why dont you come out publicly and start being on the side of the residents, instead of hiding, which appears, what appears its my opinion up in the Mayors Office you should have been here yesterday, it was great, Mayor Lauretti stated, if there is anybody more public than I am, I want to know who that is. Mr. Carlson stated, not when it comes to neighborhood rights, youre not. Mayor Lauretti stated, thats not true. Mr. Carlson stated, and, like I said, getting back, Mayor Lauretti stated, you know, long before this R-1 group, I was part of the R-1 group where your parents lived and you live now. Huntington Woods. Mr. Carlson asked, did you stop it and protect the neighborhood? Mayor Lauretti replied, you cant stop it totally, no you cant. Mr. Carlson stated, you can stop PDDs from destroying R-1s. A Mayor who wants to stand up for residents rights would. They wouldnt work with an attorney in White Hills LLC and sit in their office discussing a deal while the deal is in public forum. They wouldnt be doing that. You have to live with your conscience, Mr. Mayor, just like I do. Sometimes I wonder how you sleep at night. Mayor Lauretti stated, you dont see any circles under these eyes, Mr. Carlson stated, you sleep well because youre not the one fighting its the residents. Alderman Anglace stated, that is the end of my report. 6.0 6.1 LEGAL REPORT Corporation Legal Counsel

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Alderman Anglace MOVED to authorize a total payment of $999.68 to Corporation Counsel Winnick, Vine, Welch, & Teodosio, LLC for services rendered per statement dated February 2004 with funds to come from the following Legal Services Accounts: Legal Fees 001-1900-411.30-03 $999.68

SECONDED by Alderwoman Marangelo. A voice vote was taken and the MOTION PASSED 6-0. 7.0 LEGISLATIVE - OLD

No items 8.0 8.1 FINANCIAL BUSINESS OLD Relocation Assistance

Alderman Anglace MOVED to reimburse Jennifer Faucher $139.89 for eligible relocation costs pursuant to State Statute 8-273, Section 27. Total funding of $139.89 to be transferred from Contingency General Account #001-9900900.99-00 to a new account called Relocation Assistance to be established by the Finance Department; SECONDED by Alderman Marangelo. Corporation Counsel Tom Welch stated, the balance of this money, the $189, we know you paid out $4,000. The insurance company that will be reimbursing you is aware of this potential passage of $139.89. So I do expect full reimbursement from the insurance carrier. We have sent them, basically a lien for $4,139.89. Alderman Finn asked, do we anticipate any future reimbursements, or this is Corporation Counsel Welch replied, no, this is it. A voice vote was taken and the MOTION PASSED 6-0. 9.0 FINANCIAL BUSINESS - NEW

9.1

Nike Site Playground Installation

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Alderman Anglace MOVED to add the installation of new playground equipment at the Nike Site to the Capital Improvements List with $12,266 to come from LOCIP; SECONDED by Alderman Papa. A voice vote was taken and the MOTION PASSED 6-0.

9.2

Huntington Street Sidewalks

Alderman Anglace MOVED to obtain an 8-24 referral from Planning and Zoning, and FURTHER MOVED to agree in principle with the sidewalk concept and authorize the development of detailed plans and cost data in conjunction with it and investigate the need for easements, etc. in conjunction with this project, and then come back to the Full Board; SECONDED by Alderman Finn. A voice vote was taken and the MOTION PASSED 6-0.

9.3

Purchase of Rack Body Truck

Alderman Anglace MOVED to approve the purchase and labor for a conversion of a rack body truck for use by the Parks Department for total funding of $4,450; and FURTHER MOVED to transfer $3,000 from Contingency General account #001-9900-900.99-00 to Vehicle Replacement account #001-6300-991.60-19, for a total cost of $4,450. There is currently $1,450 available in the Vehicle Replacement account, no waiver of bids is required; SECONDED by Alderman Kudej. A voice vote was taken and the MOTION PASSED 6-0. 10.0 LEGISLATIVE - NEW

10.1

Ordinances for Public Hearing 10.1.A Alarm Systems

Corporation Counsel Welch explained that what you have on the Alarm Systems is a revised, with changes, and a clean copy, just so youre aware. That revised with changes is not the revision from the current ordinance. Thats the revision that I made after the committee sent it to my office for revisions, and then on to the Board. So I didnt want there to be any confusion that what youre seeing is red lined, in the copy that you were given, is red lined from the current version. The current version is what it is. The committee sent this to my office, I made the red lined changes and you

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have a clean copy. So there is an older version; these are just my changes to that. Alderman Anglace stated, so the one going to public hearing is the one titled, Revised With Changes, or the one titled, Clean Copy. Corporation Counsel Welch replied, theyre identical. 10.1.B Possession of Liquor by Minors

The Public Hearing is set for March 25, 2004. 10.2 Proposed Water main Extension for Brookwood Lane

The Public Hearing is set for March 25, 2004.

10.3

Housing Code Board of Appeals - Reappointment

Alderman Anglace MOVED TO approve the Mayors reappointment of Daria Kosowsky (R), of 4 East Village Road, Shelton, Connecticut, to the Housing Code Board of Appeals, with a term to expire 2/13/2009; SECONDED by Alderman Finn. A voice vote was taken and the MOTION PASSED 6-0. 10.4 Appointment of Counsel for Ethics Board

Alderman Anglace MOVED, per the recommendation of Corporation Counsel, to retain James Sheehy as Counsel for the Ethics Board. Attorney Sheehy shall be paid at the same rate as Corporation Counsel; SECONDED by Alderman Marangelo. A voice vote was taken and the MOTION PASSED 6-0. 10.5 Sewer Easement within City Open Space Maler Avenue

Alderman Finn stated, this says it takes six votes to override a Planning and Zoning decision. I would like to make a recommendation that we table this until the April meeting. Mayor Lauretti asked, what is the purpose of the table? Alderman Finn stated, well, you need six votes to override Planning & Zonings decision.

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Mayor Lauretti stated, youve got six here. Alderman Finn stated, okay. Alderman Anglace MOVED to override the unfavorable 8-24 from the Planning & Zoning Commission to allow a resident to connect his failing sewer system to the sewer line installed on Maler Avenue Extension with the issuance of an easement for the sewer. The installation of this line would be subject to the conditions outlined in a letter from Tom Sym, Sewer Administrator, which include a letter from the developer that he has been satisfied with the necessary reimbursement of his costs, the Shelton approval from Inland Wetlands Commission, and any other necessary authorizations; SECONDED by Alderman Finn. Alderman Anglace stated, I would like to question something here. The City Engineers comments mentioned the extension of the sewer line from the intersection of Maler Avenue and Shelton Avenue, approximately 150 to 200 feet in both directions of Shelton Avenue. Does anybody know if its possible, because the house in question is number 409 Shelton Avenue. Now if you look at the map that accompanies this, address #412 and address #408, which are directly across the street, theyre going to tie in, why cant 409 tie into the sewer extension, versus getting an easement? Does anybody know the answer to that? Alderman Finn stated, the homeowner is here if youd like to have him speak. Resident: Is it why we cant go up our driveway? Wed have to buy a pump to pump it up our driveway, which is approximately 115 feet, and then down Shelton Avenue. Alderman Anglace stated, okay, that line from the intersection of Shelton Avenue and Maler, coming up, is going to connect two houses across the street they must pump down is that it? They have gravity? Resident: Yeah, that would be a gravity flow. If I went through the open space mine would be gravity, too. I wouldnt need a pump. Mayor Lauretti stated, and thats what youre proposing to do. Resident: right. Mayor Lauretti stated, thats no problem as far as Im concerned. I dont understand why Planning and Zoning didnt go along with it.

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Alderman Anglace stated, now youre going to see Democracy in action now were all going to agree. A voice vote was taken and the MOTION PASSED 6-0.

10.6

Employment Agreements

Alderman Anglace MOVED to approve the attached employment agreements pursuant to the employment requirements of the Department of Justice Grant received by the Youth Services Bureau and approved by the Board of Aldermen on January 8, 2004; SECONDED by Alderman Finn. Alderman Finn stated, I just couldnt think of two more worthwhile people to be in agreement Sally and Gloria theyve done a tremendous job for the youth in our community, and theyre to be an asset with this program. A voice vote was taken and the MOTION PASSED 6-0. 10.7 Shelton Family Farm

Alderman Anglace MOVED to amend the contract between the City of Shelton and Lisa Pane, et al, by substituting the revised Schedule A property description attached hereto; SECONDED by Alderman Papa. Corporation Counsel Welch stated, the sole purpose, as youll see from the two maps that were presented as part of the package this evening, was the Shelton family has an issue as to a title problem or title defect on the small portion of property located in the Town of Monroe. Because they may not have been able to give us good title in time for us to close this in September, instead of worrying about that, they increased the land in the City of Shelton that theyre going to encumber with the sale of the development rights, which is evidenced by this map which is the newest map, which is the new description in the highlighted areas. So the total parcel that is being purchased, the total development rights that are being purchased in terms of acreage does not change. We know now that well be getting good title to it.

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Alderman Anglace asked, Lewis Associates, the description we got tonight Corporation Counsel stated, is the new description, based upon the increased property located in the City of Shelton. Alderman Anglace stated, thank you. A voice vote was taken and the MOTION PASSED 6-0. 10.8 Enclave at Huntington Woods/Maler Avenue

Alderman Anglace stated, this is on here for discussion. I have a map here. Im not sure, this is the U.I. easement. Corporation Counsel Welch stated, this is the U.I. easement going through, to be underground, the City open space along Maler Avenue that was approved by Planning and Zoning. That is the highlighted area on the map that you had received two months ago. As you know, Ive received correspondence since this matter was not acted upon at the request of the, this was approved by Planning and Zoning, and this keeps the utility lines under the roadway; keeps them underground, rather than having the poles. As you know, it has been on your agenda on two separate occasions and the request is that it be, again, approved. The issue had been about Maler Avenue coming out onto Shelton Avenue rather than going the other way. It was sent back to Planning and Zoning, they have, obviously, discussed it, many, many occasions before the development was approved. Now that its approved, theyre asking for the U.I. easement and the SNET easement. Alderman Anglace MOVED to approve the United Illuminating and SNET easement regarding the property at 425 Shelton Avenue, per the recommendation of the City Engineer; SECONDED by Alderman Kudej. Corporation Counsel Welch stated, that is correct, its a motion to approve the U.I. and SNET easement that was proposed before you, that is correct. Alderman Finn stated, this is still going to be the easements, not through the open space? Corporation Counsel Welch stated, along the roadway on that map. Mayor Lauretti stated, subject to a veto.

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Alderman Anglace stated, my notes from before say the easement itself, which describes the location of the easement is not with the documents, but it is now. The Mayor doesnt favor granting this easement. Does the Mayor still have that view? Mayor Lauretti replied, for the most part. Alderman Anglace stated, so it boils down to a decision between putting the utilities underground in the open space, or putting them above ground someplace? Corporation Counsel Welch stated, or finding an alternative to bring the electricity to that subdivision, if that means that its going to be above ground on the other side. Alderman Finn asked, why cant they bring it under the roadway? Corporation Counsel Welch replied, because any time youd have to, Mayor Lauretti stated, dig the road. Alderman Finn stated, along the curve? Corporation Counsel Welch stated, I think that if you look at the map, that is where its intended to go. Its a long roadway. Just as in all the utilities going down the side of the road, Alderman Anglace stated, were going to let you veto this one. I think we ought to move it along. A voice vote was taken and the MOTION PASSED 6-0. 11.0 EXECUTIVE SESSION

At approximately 9:10 p.m., Alderman Anglace MOVED to enter Executive Session to discuss the following matters, and invited Corporation Counsel Welch to remain in the Auditorium; SECONDED by Alderman Kudej. 11.1 11.2 11.3 City Acquisition of Property Adelphia Portland/Shelton LLC Tax Appeal

A voice vote was taken and the MOTION PASSED 6-0.

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Return to Regular Session At approximately 9:20 p.m., Alderman Papa MOVED to return to regular session; SECONDED by Alderman Kudej. A voice vote was taken and the MOTION PASSED 6-0. Mayor Lauretti stated, let the record reflect there were no votes taken during the Executive Session. 11.2 Adelphia Bankruptcy

Alderman Anglace MOVED to approve and accept the sum of $7,280.45 as full and final settlement in the Adelphia Company of Western Connecticut bankruptcy, and to authorize Mayor Mark A. Lauretti to execute the Assignment Agreement with ASM Capital, LP and hereby rescinding any previous motions regarding the sale of the Citys claim; SECONDED by Alderman Finn. A voice was taken and the MOTION PASSED 6-0. ADJOURNMENT Alderman Anglace MOVED to adjourn; SECONDED by Alderman Kudej. A voice vote was taken and the MOTION PASSED 6-0. The meeting adjourned at approximately 9:25 p.m. Respectfully submitted,

Patricia M. Regan, Clerk Board of Aldermen DATE APPROVED: _______________

Date Submitted: _______________ BY: _______________________ Mark A. Lauretti Mayor, City of Shelton

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