City Council

CITY COUNCIL MEETING May 7, 2019 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: Phil Curran, Bruce Bennett Mike Esposito, Colleen Stanley, Warren Levy, Robert Taborsak, Andrew Wetmore, Irving Fox, John Priola, Vinny DiGilio, Joseph Cavo, Fred Visconti, Elmer Palma, Chris Arconti, John Esposito, Duane Perkins, Ben Chianese, Farley Santos, Nancy Cammisa, Paul Rotello, and Joe Scozzafava. COUNCIL MEMBERS ABSENT: None PRESENT: 21, ABSENT: 0 ALSO PRESENT: Robert J. Yamin, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; David St. Hilaire, Director of Finance; and Jean Natale, Legislative Assistant. PUBLIC SPEAKING  Lynn Waller, 83 Highland Avenue, Danbury, thanked the Council for their work on the budget.  Gladys Cooper, 1 Southern Boulevard, Danbury, discussed the Item 13.C.  Eric Tamay, 1 Cedar Street, Danbury, discussed Item 13.C.  Lisa Capone, 15 Gregory Street, Danbury, discussed Item 13.C. ANNOUNCEMENTS: Mayor Boughton made the announcements for the month of May. MINUTES - Minutes of the Council Meeting held March 5, 2019 A motion was made by Councilman Cavo, and was seconded by Councilman Perkins, to waive the reading and accept the minutes as presented, as all members have copies and copies are on file for review in the office of the Legislative Assistant. The motion carried unanimously. CONSENT CALENDAR 2. COMMUNICATION - Appointment of Independent Auditors Receive the communication and approve the appointment of RSM US LLP (McGladrey) to perform the City audit for fiscal year ending June 30, 2019. 6. RESOLUTION – Historic Documents – Town Clerk Receive the communication and adopt the Resolution authoring Mayor Mark D. Boughton or Janice R. Giegler, Town Clerk, as his designee, to apply for and accept funding from the Connecticut State Library’s ’Historic Document Preservation Grant’ in an amount not to exceed $10,500.00, no local match is required. 7. RESOLUTION – Elderly and Demand Responsive Transit Service Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton to apply for and accept funding from the State of Connecticut Department of Transportation’s ’Elderly and Demand Responsive Transportation’ program grant, authorize participation in the program, and whereas a 50% match is required, it will be met through the adopted budget allocation to HARTransit. 8. RESOLUTION – CT Healthy Communities Grant – Health Department Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton or Lisa Michelle Morrissey, as his designee, to apply for and accept funding from the State of Connecticut Department of Public Health’s Connecticut Healthy Communities Project not to exceed $100,000 for the period of September 30, 2019 to September 29, 2021, no local match is required. 9. RESOLUTION – US Consumer Product Safety – Health Department Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton or Lisa Michelle Morrissey, as his designee, to apply for and accept funding from the US Consumer Product Safety Commission’s "Pool Safety Grant Program" in an amount not to exceed $250,000.00, no local match is required. 10. RESOLUTION – CDC Asthma Control Grant – Health Department Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton or Lisa Michelle Morrissey, as his designee, to apply for and accept funding from the Center for Disease Control and Prevention (CDC) through its "Comprehensive Public Health Approach to Asthma Control through Evidence-Based Interventions" program in an amount not to exceed $300,000.00, no local match is required. 11. RESOLUTION – EPA Healthy Communities Grant – Health Department Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton or Lisa Michelle Morrissey, as his designee, to apply for and accept funding from the Environmental Protection Agency’s (EPA) "Healthy Communities Grant Program" in an amount not to exceed $25,000.00, the City’s match of 5% is available in the Health and Human Services FY20 operating budget. A motion was made by Councilman Wetmore, and was seconded by Councilman Perkins to adopt the Consent Calendar as presented. The motion carried unanimously. 1. COMMUNICATION - Appointment – Police Department A motion was made by Councilman Arconti, seconded by Councilwoman Stanley, to receive the communication and confirm the appointment of Myckol Rodriguez to the position of Police Officer in the Danbury Police Department. The motion carried unanimously. 2. COMMUNICATION - Appointment of Independent Auditors *CONSENTED - as received. 3. COMMUNICATION - Donation – Emergency Homeless Shelter A motion was made by Councilman Mike Esposito, and was seconded by Councilman Taborsak, to receive the communication and accept the donation from Global Jet Capital at a value of $2,521.57 for 40 bed sheets and 1 outdoor shed to be used by the City's homeless shelter, with an appropriate letter of thanks. The motion carried unanimously. 4. COMMUNICATION - Request for Water Extension – 68 Wooster Heights A motion was made by Councilman Curran, receive the communication and to refer to City Engineering and the Planning Commission for reports. Hearing no objections, Mayor Boughton so ordered. 5. COMMUNICATION - Water Rates Ordinance A motion was made by Councilman DiGilio, receive the communication and to refer to a Public Hearing followed by a Committee of the Whole. Hearing no objections, Mayor Boughton so ordered. 6. RESOLUTION – Historic Documents – Town Clerk *CONSENTED - as received. 7. RESOLUTION – Elderly and Demand Responsive Transit Service *CONSENTED - as received. 8. RESOLUTION – CT Healthy Communities Grant – Health Department *CONSENTED - as received. 9. RESOLUTION – US Consumer Product Safety – Health Department *CONSENTED - as received. 10. RESOLUTION – CDC Asthma Control Grant – Health Department *CONSENTED - as received. 11. RESOLUTION – EPA Healthy Communities Grant – Health Department *CONSENTED - as received. 12. REPORT - 2019 Neighborhood Assistance Act A motion was made by Councilman Wetmore, seconded by Councilman Cavo, to recommend, adoption of the Resolution authorizing approved and listed agencies to apply for and receive funding in the form of tax credits from the State of Connecticut through the Neighborhood Assistance Act Program. The motion carried unanimously. 13. REPORT - ORDINANCE & RESOLUTION - An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2019 and ending June 30, 2020 and a Resolution Levying the Property Tax for the Fiscal Year beginning July 1, 2019 and ending June 30, 2020 A motion was made by Councilman Cavo, and was seconded by Councilman Rotello, to waive the reading of all the Budget Committee meeting minutes, as all members have copies and copies are on file for review in the office of the Legislative Assistant. The motion carried unanimously. A. General Government 1 Budget Report A motion was made by Councilman DiGilio, and seconded by Councilman Cavo, to adopt the General Government I budget as presented with a proposed raise for the position of Mayor and Town Clerk as allowed by the Connecticut Constitution for December 1, 2019 to November, 2020 with a 2.75% increase for both offices commencing December 1, 2019 for the first period and July 2020 for the second period. The motion passed unanimously. B. General Government II Budget Report A motion was made by Councilman Wetmore and seconded by Councilwoman Cammisa, to receive the General Government II report and adopt the Committee's recommendation as presented. The motion passed unanimously. C. Education Budget Report There was discussion among the Council on the Education budget vs. the needs and growth of the educational community and what is provided, or not provided, from the State. Mayor Boughton commented on the Education budget and stated, for the record, that the State recently proposed adding $300,000 to the dollars sent back to the City and that will be passed along to Dr. Pascarella and his team, along with any other funds that come with the final negotiations. Mr. St. Hilaire responded to Council questions regarding the strength of the City's fund balance. A motion was made by Councilman Levy, seconded by Councilwoman Stanley, to approve the Educational budget of $134,436,000 with an additional amount of $208,575 for health and welfare, and $214,000 for Head Start. The motion passed 15 - 6, Councilmen Rotello, Perkins, Santos, Chianese, Taborsak, and John Esposito voting no.  D. Public Works Budget Report Mr. Pinter responded to Council inquiry with regard to tape malfunctions during meetings by noting the minutes reflect votes and outcome of the meeting which is provided, and are not transcripts of the meeting. There was concern expressed regarding Tarrywile Park and Danbury Museum reductions, and discussion regarding Ives Authority and costs of concerts in general. Suggestions were made to divide arts and theater out from public works. There was support expressed for public works. Mr. Perkins noted for the record he was present at the Public Works Budget meeting as an Ex-Officio, non-voting member. A motion was made by Councilwoman Stanley, and seconded by Councilman Curran, to accept the report and adopt the Mayor's proposed Public Works budget for Fiscal Year 2019/2020 as presented. The motion passed 14 - 7, Councilmen Visconti, Rotello, Perkins, Santos, Chianese, Taborsak, and John Esposito voting no. E. Health & Housing, Public Safety, Welfare & Social Services Budget Report A motion was made by Councilman Curran and seconded by Councilwoman Cammisa, to accept the report and adopt the proposed Health, Housing, Public Safety, and Social Services Budget as proposed. The motion passed unanimously. Item 13.( continued) A motion was made by Councilman Cavo, and seconded by Councilman Wetmore, to adopt an Ordinance making appropriations for the Fiscal Year beginning July 1, 2019 and ending June 30, 2020 at the set amounts herein set forth aggregating $261,500,000 or so much as may be necessary are hereby appropriated from the General Fund from the current revenue for the use of several departments in the municipal government and for the purpose herein mentioned for the Fiscal Year beginning July 1, 2019 and ending June 30, 2020 and adopt the Resolution that levies the Property Tax for the Fiscal Year beginning July 1, 2019 and ending June 30, 2020 setting the mill rate at 27.60 mils. There were Council comments on the budget, notably the Education budget, a central office for cultural amenities, economic development, surrounding towns, jobs, and State funding. With regard to the amendment below, there was Council discussion and comments from Mr. St. Hilaire regarding the Contingency Fund balance, use, and intended purpose vs. current needs and requests. A motion was made by Councilman Chianese, seconded by Councilman Perkins, to amend the main motion by moving $6,000 into Account #5870.3280 Danbury Museum, and $20,000 into Account #5870.3270 Tarrywile Mansion, from the Contingency Fund Account #5855 for a total of $26,000. The motion failed 15 - 6, Councilmen Scozzafava, Arconti, Palma, Cavo, DiGilio, Priola, Fox, Wetmore, Levy, Bennett, Curran, Mike Esposito, John Esposito, Councilwomen Cammisa and Stanley voting no. A motion was made by Councilman Curran, and was seconded, to move the question below. The motion passed 15 - 6, Councilmen Visconti, Rotello, Perkins, Chianese, Taborsak, and Councilwoman Stanley voting no. A motion was made by Councilman Perkins, seconded by Councilman John Esposito, to amend the main motion above by transferring $1 million from the Fund Balance to the Education Budget for the purpose of hiring 14 full-time personnel in the areas of English as a Second Language teachers, Special Education, paraprofessionals, psychologists, guidance counselors, and social workers. Following discussion, the motion was restated below. Mayor Boughton cautioned, regarding the amendment above, that the Council may not tell or say what purpose the money is for. There were comments regarding supporting the schools, cautioning against affecting the City's bond rating, along with quotes from Standard & Poor’s regarding ratings, and future uncertainties with regard to the State, and the purpose of the Fund Balance. A motion was made by Councilman Curran to move the question below, seconded by Councilman Scozzafava. The motion passed 14 - 7, Councilmen Rotello, Perkins, Santos, Chianese, Fox, Taborsak, and John Esposito voting no. A motion was made by Councilman Perkins, seconded by Councilman John Esposito, to amend the main motion by transferring $1 million from the Fund Balance to the Education Budget; with the amendment by Councilman Rotello that should additional funds come from the State, that would be deducted from the $1 million, specifically with regard to the $300,000 currently under negotiations. The motion failed 15 - 6, Councilmen Rotello, Perkins, Santos, Chianese, Taborsak, and John Esposito voting no. Main Motion ( 13 ) A motion was made by Councilman Cavo, and seconded by Councilman Wetmore, to adopt an Ordinance making appropriations for the Fiscal Year beginning July 1, 2019 and ending June 30, 2020 at the set amounts herein set forth aggregating $261,500,000 or so much as may be necessary are hereby appropriated from the General Fund from the current revenue for the use of several departments in the municipal government and for the purpose herein mentioned for the Fiscal Year beginning July 1, 2019 and ending June 30, 2020 and adopt the Resolution that levies the Property Tax for the Fiscal Year beginning July 1, 2019 and ending June 30, 2020 setting the mill rate at 27.60 mils. The motion passed 14 - 7, Councilmen Rotello, Perkins, Santos, Chianese, Visconti, Taborsak, and John Esposito voting no. 14. REPORT & ORDINANCE - An Ordinance Appropriating $3,000,000 for Public Improvements in The 2019-2020 Capital Budget and authorizing the Issuance of $3,000,000 Bonds of the City to Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose Mr. Iadarola responded to Council questions regarding whether the list of items that have reached life expectancy noted by DHS Athletic Director that were purchased in 2002 would be included in the project, noting as many as can be replaced will be with the funds available. Mayor Boughton and Mr. Iadarola responded to Council questions regarding the Animal Control Facility. A motion was made by Councilman Fox, seconded by Councilman Cavo, to receive the report of the Committee of the Whole, and adopt the Ordinance appropriating $3,000,000 for public improvement projects in the 2019/2020 Capital budget and authorizing the issuance of $3,000,000 of Bonds of the City to meet said appropriation and pending the issuance thereof, to the making of temporary borrowings for such purposes with the sum of $3,000,000 appropriated for the Public Improvement Projects hereinafter listed: Downtown Renaissance Streetscape Program, estimated cost $500,000; Renovate/Replace the DHS Track & Field, estimated cost $1,800,000; and New Animal Control Facility $700,000 for a total of $3,000,000. The motion carried unanimously. 15. REPORT & ORDINANCE - Sewer Rates as of July 1, 2019 A motion was made by Councilman Cavo, and was seconded, to waive the reading of the report, as all members have copies and copies are on file for review in the office of the Legislative Assistant. The motion carried unanimously.  A motion was made by Councilman Bennett, seconded by Councilwoman Stanley, to receive the report and adopt the Committee recommendation to adopt the sewer rates and the Connecticut deed permit adjustments as presented. The motion carried unanimously. 16. REPORT & ORDINANCE - Transfer Unexpended Bond Proceeds A motion was made by Councilman Cavo, and was seconded by Councilman Perkins, to waive the reading of the report, as all members have copies and copies are on file for review in the office of the Legislative Assistant. The motion carried unanimously. Mr. St. Hilaire responded to Council questions regarding the debt service fund and timing of payments. A motion was made by Councilman Levy, seconded by Councilman Cavo, to adopt the Ordinance to transfer unexpended bond proceeds into the debt service account of the City's General Fund. The motion carried unanimously. 17. REPORT & ORDINANCE - Senior Tax Freeze A motion was made by Councilman Cavo, and was seconded by Councilman Chianese, to waive the reading of the report, as all members have copies and copies are on file for review in the office of the Legislative Assistant. The motion carried unanimously. A motion was made by Councilwoman Stanley, and was seconded, to receive the report and adopt an amended Code of Ordinances Section 18-12.1.1 now Code Section 44-53, to extend the Tax Freeze Program for Elderly Homeowners through the filing of the October 1, 2018 Grant List. The motion carried unanimously. 18. DEPARTMENT REPORTS – Police, Fire, Health-Housing & Welfare, Public Works, Permit Center, UNIT, Elderly, Library, Dream Homes A motion was made by Councilman Cavo, and was seconded by Councilman Santos, to waive the reading of the Departmental Reports, as all members have copies and copies are on file for review in the office of the Legislative Assistant. The motion carried unanimously. Mayor Boughton noted Police Chief Ridenhour is getting married. Mr. Iadarola responded to Council questions and gave a status update on road paving and will provide a working list, traffic warning lights being installed, basketball hoops at Shelter Rock, and received Clean City Day kudos. A motion was made by Councilman Cavo, and was seconded by Councilman Rotello, to take from the table from April 2019: 6. RESOLUTION - Downtown Special Services District – Tax Levy, and 23. REPORT - Illicit Discharge and Connection Ordinance. The motion carried unanimously. 19. RESOLUTION - Downtown Special Services District – Tax Levy [Item 6. from the April, 2019 Agenda] A motion was made by Councilman Priola, and was seconded by Councilman Rotello, to adopt the Resolution approving the Tax Rate for the Downtown Tax District. The motion carried unanimously. 20. REPORT - Illicit Discharge and Connection Ordinance [Item 23. from the April, 2019 Agenda]  A motion was made by Councilman Cavo, and was seconded by Councilman Rotello, to recommit to the Ad Hoc for further review. The motion carried unanimously. ADJOURNMENT Mayor Boughton extended all Committees. A motion was made by Councilman DiGilio, and was seconded by Councilman Perkins, to adjourn the City Council Meeting. Motion carried unanimously. The meeting adjourned at 9:38 p.m. Respectfully Submitted, Lori Goor Recording Secretary Attest, Mark D. Boughton, Mayor