City Council

City of Danbury November 19, 2012 Rescheduled from November 7, 2012 Mayor Mark D. Boughton called the City Council Meeting to order at 8:00pm on Monday, November 19, 2012 in the Council Chambers at City Hall. Present were Council Members: Philip Curran, Michael Haddad, Jack Knapp, Warren Levy, Gregg Seabury, Colleen Stanley, Donald Taylor, Michael Halas, Shay Nagarsheth, Phil Colla, Joseph Cavo, Thomas Saadi, Fred Visconti, Andrew Wetmore, Steven Darcy, Peter Nero, Duane Perkins, Benjamin Chianese, Paul Rotello, Joseph Scozzafava, Mary Teicholz PRESENT: 18 ABSENT: 3 Council Member Haddad was out of town on business and Council Members Taylor and Visconti were sick. Jean Natale, Legislative Assistant, Robert J. Yamin, Corporation Counsel; and Laszlo Pinter, Deputy Corporation Counsel were also present. PLEDGE OF ALLEGIANCE TO THE FLAG & PRAYER Chief Baker led everyone in the Pledge of Allegiance. Council Member Curran led everyone in a prayer. PUBLIC SPEAKING Ken Gucker, 89 Padanaram Road, spoke on item #15 and Department Reports. Margaret Mitchell, Main Street and Park Place spoke on item #14. Public speaking ended at 8:05PM. Mayor Boughton read the announcements for the month. A moment of silence was observed in memory of Sandy Moy, Executive Director of Tarrywile Park, who recently passed away. MINUTES - Minutes of the Council Meeting held on October 4, 2012 Council Member Cavo moved to waive the reading of the minutes of the October 4, 2012 as all members have copies and additional copies are on file in the Office of the Legislative Assistant, seconded by Council Member Perkins. Motion passed by unanimous vote. Council Member Seabury read the Consent Calendar. 1 – Receive the Communication and approve the appointment of William F. Nichol as an alternate member of the Environmental Impact Commission. 4 - Receive the Communication and adopt the Resolution allowing the City of Danbury to acquire the parcel of land Lot# I22035 on Long Ridge Road as Open Space along the Ives Trail. 5 – Receive the Communication and adopt the Resolution allowing the City of Danbury Police Department to apply for and accept funding from the State of Connecticut Department of Transportation for the “Fiscal Year 2013 Comprehensive DUI Enforcement Program” 6 – Receive the Report and approve the Ordinance as recommended by the Committee of the Whole to adopt amendments to Section 6-1(a) of the Code of Ordinances regarding withholding of building approvals for delinquent taxpayers. 7 - Receive the Report and approve the Ordinance as recommended by the Committee of the Whole to adopt amendments to Section 21-44 of the Code of Ordinance regarding Water Meters. 8 - Receive the Report and approve the Ordinance as recommended by the Committee of the Whole to adopt the new Ordinance Section 10-99 through 10-106 regarding the prevention of housing blight to the exterior premises and Section 12-34 regarding issuance of citations for blight. 9 - Receive the Report and approve the Ordinance as recommended by the Committee of the Whole to adopt the amendments to the Code of Ordinances as well as the attached Resolutions regarding the properties located in the Downtown Revitalization Zone as follows : (1) Section 11-2 regarding reduction of Engineering and Fire Marshall fees: (2) Section 6.02 regarding reduction of buildings permit fees; (3) Section 11-7 regarding reduction of pool license fees; and (4) Section 17-7 of the Code of Ordinances regarding the repair and replacement of city sidewalk, and to authorize the Director of Health and Human Services to impose a fee for certificates of occupancy for apartments, and to impose a licensing fee per room for rooming houses and hotels, and reduce the annual license fees for food service establishments for properties located in the Downtown Revitalization Zone as set forth in the two Resolutions. 10 - Receive the Report by the Committee of the Whole and approve the amendment regarding the proposed Ordinance 11-6, subsection (f)(2)(ii) Entertainment Licenses in the Downtown Revitalization Zone, and approve the amendments to Code of Ordinances 12-34 and refer to a Public Hearing. Council Member Teicholz moved to accept the Consent as presented, seconded by Council Member Nagarsheth. Motion passed by unanimous vote. 1 - COMMUNICATION - Appointment of Alternate to Environmental Impact Commission The communication was received on the Consent Calendar and the appointment approved. 2 - COMMUNICATION - Transfer of Roads/Easement - Peterson Farm Council Member Stanley requested referral to Corporation Counsel, Engineering, Planning Commission and Director of Planning for reports. Mayor Boughton so ordered. 3 - COMMUNICATION - Conveyance of Land - Danbury Hospital Council Member Wetmore requested referral to Corporation Counsel, Engineering, Planning Commission and Director of Planning for reports. Mayor Boughton so ordered. 4 - RESOLUTION - Proposed Acquisition or Parcel - Long Ridge Road The communication and Resolution were received on the Consent Calendar and the Resolution adopted. 5 - RESOLUTION - 2013 Comprehensive DUI Enforcement Program The communication and Resolution were received on the Consent Calendar and the Resolution adopted. 6 - REPORT - Amendment to Code of Ordinances Section - 6-1a- Witholding Approvals/Delinquency The report was received on the Consent Calendar and the amendments to Section 6-1(a) of the Code of Ordinances approved. 7 - REPORT - Amendments to Code of Ordinances Section - 21-44 - Water Meters The report was received on the Consent Calendar and the amendments to Section 21-44 of the Code of Ordinances approved. 8 - REPORT - Prevention of Housing Blight, Code of Ordinance - 12-34 and Section 10-99 to 106 The report was received on the Consent Calendar and the amendment to Section 10-99 through 10-106 and Section 12-34 approved. 9 - REPORT - Downtown Incentive Package - Code of Ordinance- Section 11-2,6-02, 11-7, 17-7 The report was received on the Consent Calendar and the amendments to the Code of Ordinances as well as the attached Resolutions regarding the Downtown Revitalization Zone were approved. 10 - REPORT - Entertainment License - Code of Ordinance- Section 11-6 and 12-34 The report was received on the Consent Calendar and the amendment regarding the proposed Ordinance 11-6, subsection (f)(2)(ii) in the Downtown Revitalization Zone and approved the amendments to Code of Ordinances 12-34 and was referred to a Public Hearing. 11- RESOLUTION- Public Health and Safety/Debris Storage/BRT Property-Kennedy Avenue Storm Sandy Jean Natale, Legislative Assistant, read the communication. Council Member Seabury moved to receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton to execute an agreement for the use of the open site at Kennedy Boulevard for the purposes of storage and other handling of storm debris and to perform such other and related actions as may be required in furtherance thereof, seconded by Council Member Stanley. Motion passed by unanimous vote. 12-RESOLUTION- Hurricane Sandy Relief Fund Council member Jean Natale, Legislative Assistant, read the communication. Council Member Knapp moved to receive the communication and adopt the resolution authorizing Mark D. Boughton Mayor of the City of Danbury or David St. Hilaire, Director of Finance, to establish a Hurricane Sandy Relief Fund starting with $5,000 to be taken from contingency funds, said fund to be established through the auspices of the Union Savings Bank for the purposes of assisting needy greater Danbury individuals and families due to the storm and to utilize said fund to provide said assistance as necessary, seconded by council member Perkins. Mayor Boughton advised that applications for assistance would be handled by United Way. Motion passed by unanimous vote. 13-REPORT- Proposed Land Swap and Driveway Installation-Newtown Road/Public Works Facility Council Member Cavo moved to waive the reading of the Committee Report as all members have copies and additional copies are on file in the Office of the Legislative Assistant, seconded by Council Member Seabury. Motion passed by unanimous vote. Council Member Cavo moved that the Council approve the land swap of the portion of Tax Assessor Lot L12023 for a portion of City of Danbury owned land, Tax Assessor Lot L12014, and the access rights to pass and re-pass over a150 foot driveway of 55 Newtown Road, LLC as shown on a map by Benjamin V. Doto, III, P.E., LLC #CD04 revision 8/14/12 subject to review and approval of all plans and documents by the City of Danbury, Corporation Counsel and Public Works Department including the five conditions mentioned and approved in the Ad Hoc Report, seconded by Council Member Seabury. Upon the request of Council Members Rotello and Stanley, Atty. Jaber clarified the portions of land to be swapped and the grading areas. Council Member Levy spoke on the additional safety features provided in the area of the proposal. Antonio Iadarola, P.E., Director of Public Works advised that the current entrance/exit would become an entrance only. Motion passed by unanimous vote. 14-REPORT- Sale of Surplus Property-WIC Building- 13 Main Street Council Member Cavo moved to waive the reading of the Committee Report as all members have copies and additional copies are on file in the Office of the Legislative Assistant, seconded by Council Member Nagarsheth. Motion passed by unanimous vote. Council Member Cavo moved to table this item to the December 4, 2012 agenda so members of the Council can meet with Corporation Counsel with the intention of drafting documents that will not only preserve the historical integrity of this building, but also insure that access to South Street School, seconded by Council Member Perkins. Motion passed by unanimous vote. 15 - DEPARTMENT REPORTS - Police, Fire, Health-Housing & Welfare, Public Works, Permit, UNIT, Library Council Member Rotello stated that the Public Works Department did a good job with the paving on Division Street and the residents appreciate the work. Council Member Cavo thanked Mayor Boughton, the staff in the Office of the Mayor, Police Department, Fire Department and Public Works Department staff for their work concerning Hurricane Sandy. Motion passed by unanimous vote. Mayor Boughton extended all committees. There being no further business to come before the Council, a motion was made at 8:43 pm by Council Member Levy, seconded by Council Member Wetmore to adjourn. Motion passed by unanimous vote. Respectfully submitted, Dorathea A. Gulya-Stasny Recording Secretary Attest: Mark D. Boughton, Mayor