Derby Housing Trial: Define ‘Dumping Ground’

Former Derby Mayor Marc Garofalo thought Derby had its fair share” of social services during the years when a non-profit group was trying to get permits to renovate three downtown apartments for supportive housing.”

Perhaps he even called Derby a dumping ground.”

But Garofalo maintained that it wasn’t the reason he opposed the plans — nor was the comment meant as a slight to people with mental illness.

The former mayor testified Tuesday at U.S. District Court in Bridgeport during a fair housing trial centered around the apartments. 

Home Inc. and the Valley Housing Limited Partnership are suing the city and building inspector David Kopjanski for allegedly trying to illegally thwart the plans.

In 2005, the Derby Zoning Board of Appeals denied the non-profit agencies application to gut and renovate three apartment houses on Caroline and Fourth streets and rent them to clients of Birmingham Group Health Services in Ansonia.

The city has said it opposed the way the project was proposed — not the people it would serve, as the lawsuit alleges. 

Dumping Ground

The phrase dumping ground” was introduced into the testimony Tuesday through an e‑mail from Dominick Thomas, the attorney who had represented Home Inc. during the application review process in 2004 and 2005. 

Thomas had written to the applicants on March 3, 2005, after he had a conversation with a very angry” Garofalo. 

Thomas wrote in the e‑mail that Garofalo was mad that Home Inc. was fighting the city building department’s decision to not issue permits for the apartments. 

He said Derby was a dumping ground. He was very, very angry,” Thomas wrote in the e‑mail, according to testimony. I believe this will be a battle every step of the way.”

Home Inc. attorney Shelley White asked Garofalo Tuesday if he disputed any of the statements made in the e‑mail.

He disputed several comments from the e‑mail, including the comment about the dumping ground.”

I don’t remember saying that,” Garofalo said. 

Did you ever say to anyone that Derby was a dumping ground for social services?” White asked.

I don’t recall,” Garofalo answered.

Maybe you did, maybe you didn’t?” White asked. 

Maybe,” Garofalo said. 

Do you agree that using the term dumping ground’ is like calling people trash?” White asked.

No,” Garofalo said. 

Questions

The line of questioning was meant to support the claims of Home Inc. and Valley Housing — that Garofalo pressured Kopjanski to illegally deny the zoning certificate.

Home Inc. witnesses have already testified that Garofalo used the term dumping ground” in a 2005 meeting with the group.

Tuesday, White peppered Garofalo with questions about his feelings about the project, and about other proposals that came to Derby during his eight years as mayor.

Why didn’t the city didn’t renew the lease for the Spooner House homeless shelter under Garofalo’s leadership? 

Why did the city sell an old school to a developer looking to put in senior apartments in the same neighborhood?

And, White asked, why did the city support a redevelopment project for Main Street? The proposal — which never came to fruition — was looking to bring 500 residential units to the same general area where Garofalo opposed three apartment buildings.

Garofalo, throughout the questioning, explained that each case was different from the Valley Housing case. 

For example, the 500 residential units would have included parking, open space and mixed-use buildings to balance out the project, he said.

It was a comprehensive plan,” Garofalo said. 

The school building transfer was a public process,” Garofalo said — something he was pushing for with the Valley Housing proposal. 

And the Spooner House decision was voted on by the Board of Aldermen, Garofalo said. 

White also grilled Garofalo on the scrubbing of data from city computers before he left office. 

She said documents relevant to the case were not available as a result. 

Mayor Anthony Staffieri’s administration sued Garofalo for the data erasure, but a state judge determined he was within his rights as mayor in erasing the data.

The trial continues on Thursday morning, when city attorney John Blazi will resume follow up questions from White’s cross examination. 

Blazi questioned Garofalo Monday afternoon and Tuesday morning. 

Previous Derby Housing Lawsuit Stories

Listed from oldest to newest:

Derby Denies Housing Discrimination Claim

Trial Underway In Derby Housing Discrimination Case

Rizzitelli Takes The Stand

Rizzitelli’s Testimony Continues

Old Derby ZBA A Rubber Stamp?’

Garofalo Takes The Stand

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