City Council

CITY COUNCIL MEETING November 9, 2017 Honorable Mayor, Mark D. Boughton, called the meeting to order at 7:30 p.m. in the Council Chambers. PLEDGE OF ALLEGIANCE & PRAYER The Pledge of Allegiance was led by Sean Hatch. Councilman Curran led all in prayer. ROLL CALL: COUNCIL MEMBERS PRESENT: Philip Curran, Mike Esposito, Warren Levy, Colleen Stanley, Andrew Wetmore, Irving Fox, John Priola, Vinny DiGilio, Joseph Cavo, Thomas Saadi, Fred Visconti, John Esposito, Duane Perkins, Ben Chianese, Paul Rotello, Nancy Cammisa, and Joseph Scozzafava. COUNCIL MEMBERS ABSENT: Christopher Arconti is attending to family business. Elmer Palma is out on business. Christina Chieffalo is ill. A moment of silence was held for Gregg Seabury. PRESENT: 17, ABSENT: 4 ALSO PRESENT: Robert J. Yamin, Corporation Counsel; David St. Hilaire, Director of Finance; and Jean Natale, Legislative Assistant. PUBLIC SPEAKING  Tom Flanagan, 187 Clapboard Ridge Road, Danbury, Cedargables Preschool, discussed Item 15. ANNOUNCEMENTS Mayor Boughton made the announcements and special presentations for the month of November. Members of the Council offered fond recollections of Gregg Seabury and held a moment of silence in his honor. MINUTES - Minutes of the Council Meeting held October 3, 2017 A motion was made by Councilman Cavo and was seconded by Councilman Perkins, to waive the reading and accept the minutes, as all members have copies and copies are on file for review in the Legislative Assistant's office. The motion carried unanimously. CONSENT CALENDAR 7. RESOLUTION - Bloomberg Philanthropies - Mayor’s Challenge Grant Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, to apply for and accept funding from the Bloomberg Philanthropies 2017 Mayor’s Challenge Grant Program in an amount not-to-exceed $100,000. 8. RESOLUTION - Leir Foundation Grant Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, or Patrick Ridenhour, Chief of Police, as his designee, to apply for and accept funding from The Leir Charitable Foundations Grant Program in the amount of $15,000 with no City match being required. 9. RESOLUTION - PD ’Click it or Ticket’ Grant Receive the communication and adopt the Resolution authorizing Mark D. Boughton, or Patrick Ridenhour, as his designee, to apply for and accept funding from the State of Connecticut Department of Transportation, Division of Highway Safety Click It or Ticket Seatbelt Enforcement Program in an amount not-to-exceed $17,000 with no City match being required. 10. RESOLUTION - TD Bank Foundation - Health Department Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, or Lisa Michelle Morrissey, Director of Health, as his designee, to apply for and accept funding from the TD Bank Charitable Foundation Grant Program in the amount of $5,000 with no City match being required. 11. RESOLUTION - Home Depot Foundation - Health Department Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, or Lisa Michelle Morrissey, Director of Health, as his designee, to apply for and accept funding from the Home Depot Foundation Community Impact Grant Program in the amount of $5,000 with no City match being required. 12. RESOLUTION - NACCHO Technical Assistance Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, or Lisa M. Morrissey, Director of Health, as his designee, to apply for and accept the National Association of County and City Health Officials (NACCHO) Disability Technical Assistance Program. This is a non-financial program opportunity that does not require a local match. A motion was made by Councilman Cavo, seconded by Councilman Perkins, to accept the Consent Calendar as presented. The motion carried unanimously. 1. COMMUNICATION - Promotion - Fire Department - Deputy Fire Chief A motion was made by Councilman Curran, seconded by Councilman Wetmore, to receive the communication and approve the promotion of Captain Joseph Halas to Deputy Chief of the Fire Department. The motion carried unanimously. 2. COMMUNICATION - Adoption of Municode - 2018 A motion was made by Councilman Wetmore, to refer to an Ad Hoc Committee consisting of the Committee of the Whole and Corporation Counsel. Hearing no objections, Mayor Boughton ordered the Ad Hoc Committee with the Committee of the Whole and Corporation Counsel. 3. COMMUNICATION - Request for Assignment of Fund Balance Finance Director St. Hilaire responded to Council questions regarding the fund balances. A motion was made by Councilman Levy, seconded by Councilman Cavo, to receive the communication, adopt the recommendation, and reclassify the fund balance as follows: $2.5 million allowance for State revenue reduction, $1.3 million capital projects, and $1.5 million future pension contributions. The motion carried unanimously. 4. COMMUNICATION - Acceptance of Donation - Memorial Park A motion was made by Councilwoman Stanley, seconded by Councilman Visconti, to receive the communication and accept the donation from NYCONN Corporation for the donation of lights, electrical components, and the associated labor which will provide the appropriate illumination of the flags, with an approximate value of $4,500 and send a letter of thanks. The motion carried unanimously. 5. COMMUNICATION - Donation to the Fire Department A motion was made by Councilman Mike Esposito, seconded by Councilwoman Stanley, to receive the correspondence and accept the generous donation of 16 three inch lengths of hose and 15 spanner wrenches by the W.F. Anderson Company at a value of of $4,477 and send an appropriate letter of thank you. The motion carried unanimously. 6. COMMUNICATION - Donation to the Public Utilities Department A motion was made by Councilman Fox, seconded by Councilman Rotello, to receive the communication and accept the donation to the Public Utilities Department of 700 feet of new three inch fire hose valued at $5,835.35 from the Enbridge - Algonquin Gas Company and send an appropriate letter of thanks. The motion carried unanimously. 7. RESOLUTION - Bloomberg Philanthropies - Mayor’s Challenge Grant *CONSENTED - Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, to apply for and accept funding from the Bloomberg Philanthropies 2017 Mayor’s Challenge Grant Program in an amount not to exceed $100,000. 8. RESOLUTION - Leir Foundation Grant *CONSENTED - Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, or Patrick Ridenhour, Chief of Police, as his designee, to apply for and accept funding from The Leir Charitable Foundations Grant Program in the amount of $15,000 with no City match being required. 9. RESOLUTION - PD ’Click it or Ticket’ Grant *CONSENTED - Receive the communication and adopt the Resolution authorizing Mark D. Boughton, or Patrick Ridenhour, as his designee, to apply for and accept funding from the State of Connecticut Department of Transportation, Division of Highway Safety Click It or Ticket Seatbelt Enforcement Program in an amount not- to-exceed $17,000 with no City match being required. 10. RESOLUTION - TD Bank Foundation - Health Department *CONSENTED - Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, or Lisa Michelle Morrissey, Director of Health, as his designee, to apply for and accept funding from the TD Bank Charitable Foundation Grant Program in the amount of $5,000 with no City match being required. 11. RESOLUTION - Home Depot Foundation - Health Department *CONSENTED - Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, or Lisa Michelle Morrissey, Director of Health, as his designee, to apply for and accept funding from the Home Depot Foundation Community Impact Grant Program in the amount of $5,000 with no City match being required. 12. RESOLUTION - NACCHO Technical Assistance *CONSENTED - Receive the communication and adopt the Resolution authorizing Mark D. Boughton, Mayor of the City of Danbury, or Lisa M. Morrissey, Director of Health, as his designee, to apply for and accept the National Association of County and City Health Officials (NACCHO) Disability Technical Assistance Program. This is a non-financial program opportunity that does not require a local match. 13. REPORT & RESOLUTION - Transfer 89 Rose Hill Ave to Women’s Center A motion was made by Councilman Saadi, seconded by Councilman DiGilio, to waive the reading of the report. The motion carried unanimously. A motion was made by Councilman Cavo, seconded by Councilman Saadi, to receive the report and adopt the Resolution as presented. The motion carried unanimously. 14. REPORT & ORDINANCE - Food Code Ordinance, Section 8A-1-4-5-16-18 A motion was made by Councilman Cavo to waive the reading of the minutes as all members have copies. Hearing no objections, Mayor Boughton so ordered. A motion was made by Councilman Priola, seconded by Councilman Esposito, to receive the report and adopt the amendments to Chapter 8A of the Danbury Code of Ordinances incorporating the statement, food establishment licensing, inspection, and certification requirements to comply with the newly adopted State DPH regulations as further aligned with the USFDA guidelines. The motion carried 16-1, Councilman Rotello voting no. 15. REPORT & ORDINANCE - Day Care Ordinance A motion was made by Councilman Cavo to waive the reading of the report. Hearing no objections, Mayor Boughton so ordered. Director of Health Lisa Michelle Morrissey responded to Mr. Flanagan's concerns at the request of Councilman Cavo. She also responded to Council questions regarding fees, the appeal process, who the ultimate authority is, enforcement, and what the inspections cover in comparison to inspections by other agencies. Ms. Morrissey reviewed the list of inspection items with regard to duplication and the timing of State and local inspections. She responded to questions regarding notifications to the State when deficiencies are found. Corporation Counsel Robert Yamin responded to Council questions regarding liability. Mayor Boughton suggested the issue be placed on the legislative agenda and have a meeting to ensure inspection items are not duplicated. A motion was made by Councilman Wetmore, seconded by Councilman Cavo, to receive the Committee's report and adopt the Committee's recommendation of the new Code of Ordinance section regarding licensing, inspection, and review of the local day care ordinance and group home commercial and in-home operations in accordance with licensing guidelines of the Connecticut Department of Health Regulations. A motion was made by Councilman Visconti, seconded by Councilman Saadi, to table the item. The motion carried unanimously. Mayor Boughton reminded the Council that a tabled item can only be taken off the table at the next regularly scheduled meeting, which will be in December. He encouraged staff to discuss the issue with Mr. Flanagan. 16. REPORT & ORDINANCE - Sewer Ordinance, Section 16-32 A motion was made by Councilman Cavo to waive the reading of the minutes as all members have copies. Hearing no objections, Mayor Boughton so ordered. A motion was made by Councilman DiGilio, and was seconded, to receive the report from the Sewer Ordinance Section 16-32 Ad Hoc Committee of the Whole and approve the recommendation as presented in the report. The motion carried unanimously. 17. DEPARTMENT REPORTS - Police, Fire, Health-Housing & Welfare, Dream Homes, Public Works, Permit Center, Unit, Elderly, Library Deputy Police Chief Shaun McColgan responded to Mr. Chianese's questions regarding personnel. Mr. Perkins noted Rogers Park looks good and inquired regarding whether a grand opening event would be scheduled. Mr. Wetmore commended Danbury Animal Control on the swift return of a lost dog. A motion was made by Councilman Cavo, and was seconded by Councilman Perkins, to waive the reading of the Departmental Reports as all members have copies and copies are on file in the Legislative Assistant's Office for review. Hearing no objections, Mayor Boughton so ordered. 18. COMMUNICATION - STATUS REPORT: LITIGATION: Connecticut Fund for the Environment A motion was made by Councilman Cavo, seconded by Councilman DiGilio, to enter Executive Session regarding a status report on pending litigation. The motion carried unanimously. The Council entered Executive Session at 8:50 p.m. and reconvened in Open Session at 9:23 p.m. A motion was made by Councilman Cavo, seconded by Councilman Fox, with regard to Item 18. on the agenda, to acknowledge and approve the recommended settlement as presented by Corporation Counsel's Office and attorneys that are relevant on this case and settle this at their earliest convenience. The motion carried unanimously. ADJOURNMENT Mayor Boughton congratulated all Councilmembers who were re-elected. There being no further business to come before the Council, Mayor Boughton extended all committees. Mayor Boughton wished the citizenry a happy and safe Thanksgiving. A motion was made by Councilman Levy, and was seconded by Councilwoman Stanley, to adjourn the City Council Meeting. Motion carried unanimously. The meeting adjourned at 9:25 p.m. Respectfully Submitted, Lori Goor Recording Secretary Attest, Mark D. Boughton, Mayor