City Council

CITY COUNCIL MEETING September 4, 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 DiGilio 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, Paul Rotello, Fred Visconti, Chris Arconti, John Esposito, Duane Perkins, Ben Chianese, Farley Santos, and Joe Scozzafava. COUNCIL MEMBERS ABSENT: Councilman Elmer Palma is out of town and Councilwoman Cammisa has an injury. PRESENT: 19, ABSENT: 2 ALSO PRESENT: Les Pinter, Deputy Corporation Counsel; and Jean Natale, Legislative Assistant. PUBLIC SPEAKING: None. ANNOUNCEMENTS: Mayor Boughton made the announcements for the month of September. MINUTES - Minutes of the Council Meetings held August 6, 2019 and Special Meeting, August 14, 2019 A motion was made by Councilman Cavo, and was seconded by Councilman Perkins, to waive the reading of the August 6, 2019 Meeting, 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 Cavo, and was seconded by Councilman Perkins, to waive the reading of the August 14, 2019 Special Meeting, 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 6. COMMUNICATION – Appointment - Environmental Impact Commission – Di’Masi Receive the communication and confirm the appointment of Gerald Di’Masi to serve on the Danbury Environmental Impact Commission. 7. COMMUNICATION – Appointment - Environmental Impact Commission - Abramo Receive the communication and confirm the appointment of Anthony Abramo to serve on the Danbury Environmental Impact Commission. 9. RESOLUTION – 2019 Byrne DOJ Funding - Police Receive the communication and adopt the Resolution authorizing Mayor Mark D. Boughton, or Patrick Ridenhour, Chief of Police, as his designee to apply for and accept funds from the US Department of Justice 2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in an amount not to exceed $22,001, no local match is required. A motion was made by Councilman Cavo, and was seconded by Councilman Taborsak, to adopt the Consent Calendar as presented. The motion carried unanimously. 1. COMMUNICATION – Promotion Fire Department - Lieutenant A motion was made by Councilman Mike Esposito, seconded by Councilman Chianese, to receive the correspondence and confirm the appointment and promotion of Firefighter Joseph Stabile to the position of Fire Lieutenant in the Danbury Fire Department. The motion carried unanimously. 2. COMMUNICATION – Appointment – Tax Assessor [Withdrawn] 3. COMMUNICATION – Request for Right of Use – 34 Mill Plain Road Mr. Pinter responded to questions regarding process following the meeting, details of the property license, and liability. A motion was made by Councilman Cavo, seconded by Councilman Wetmore, to receive the communication and authorize the Office of Corporation Counsel and other Departments including the Mayor's Office to negotiate and execute a license agreement to allow the proper use of this parcel. The motion carried unanimously. 4. COMMUNICATION – Donation – Fuel Cell Energy Inc. Mr. Pinter responded to questions regarding the requirements of the donation. Mayor Boughton responded to questions regarding what future projects the donation may be applied to. A motion was made by Councilman Wetmore, and was seconded, to receive the communication and adopt the Memorandum of Understanding to accept the annual donation of $25,000 from Fuel Cell Energy for the next five years as presented. The motion carried unanimously. 5. COMMUNICATION – Property Donations - East Lake Road A motion was made by Councilman DiGilio, to refer to Planning, the City Engineer, and to the Tax Assessor for reports. Hearing no objections, Mayor Boughton so ordered. 6. COMMUNICATION – Appointment - Environmental Impact Commission - DiMasi *CONSENTED - as received. 7. COMMUNICATION – Appointment - Environmental Impact Commission - Abramo *CONSENTED - as received. 8. COMMUNICATION – Request for Water – 45B Miry Brook Road A motion was made by Councilman Curran, to receive the communication and refer to City Engineer and Planning for reports. Hearing no objections, Mayor Boughton so ordered. 9. RESOLUTION – 2019 Byrne DOJ Funding - Police *CONSENTED - as received. 10. AD HOC REPORT – Parking Lot – 9-11 Liberty Street A motion was made by Councilman Cavo, and was seconded by Councilman Rotello, to waive the reading of the 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 motion was made by Councilman Cavo, refer to a Public Hearing. Hearing no objections, Mayor Boughton so ordered. 11. AD HOC REPORT – Certification of Funds – 89 Wooster Heights and 25 Miry Brook Road A motion was made by Councilman Cavo, and was seconded by Councilman DiGilio, to waive the reading of the Minutes 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 and Mr. Pinter responded to comments and Council discussion regarding the use of fund balance, property ownership, cost and type of remediation, reimbursement, the FAA process, and other issues. A motion was made by Councilman Levy, and seconded by Councilman John Esposito, to receive the reports and adopt the recommendations to appropriate $790,000 as specified by the Director of Finance for the purpose of acquisition, remediation, and consultant work on 89 Wooster Heights Road and 25 Miry Brook Road, pending application to the FAA for reimbursement of such cost as they may later approve. The motion passed unanimously. 12. DEPARTMENT REPORTS – Police, Fire, Health-Housing & Welfare, Public Works, Permit Center, UNIT, Elderly, Library, Dream Homes Mr. Iadarola responded to Councilman Rotello regarding the water levels in the reservoir. He received thanks from Councilman John Esposito for paving as well as work on the Triangle Street Bridge along with the McNamee Company. He responded to questions regarding the leaf pickup schedule. He also received thanks from Councilman Chianese on work Kenosia traffic. Councilman Cavo commended the Mayor for the promotion of Danny Hayes to Veterans Affairs Director. Ms. Morrissey responded to Councilman Taborsak regarding the City Shelter.  A motion was made by Councilman Cavo, and was seconded by Councilman Priola, to waive the reading of the Departmental Reports, as all members have copies and copies are available for review in the office of the Legislative Assistant. The motion carried unanimously. Mayor Boughton congratulated Austin Calitro on being signed by the Jaguars. 13. EXECUTIVE SESSION: COMMUNICATION – 33 East Franklin Street/Maple Avenue A motion was made by Councilman Cavo, and was seconded by Councilman DiGilio, to enter into Executive Session for the purposes of discussion property acquisition at 33 East Franklin Street and Maple Avenue. The motion carried unanimously. A motion was made by Councilman Cavo, and was seconded by Councilman DiGilio, to return to regular session. The motion carried unanimously. A motion was made by Councilman Cavo, and was seconded, to authorize the settlement of Danbury vs. Aberdeen Development LLC as discussed in Executive Session, accept the certification of funds, and authorize the retainer of Special Counsel Pamela Elkow Esq. of Carmody Torrance Law Firm to assist the Office of Corporation Counsel in handling environmental legal matters on the subject site as well as select additional environmental representation as needed. The motion carried 16-3, Councilmen Perkins, Visconti, and Rotello voting no. 14. ADJOURNMENT Mayor Boughton extended all Committees. A motion was made by Councilwoman Stanley , and was seconded by Councilman Wetmore, to adjourn the City Council Meeting. Motion carried unanimously. The meeting adjourned at 8:32 p.m. Respectfully Submitted, Lori Goor Recording Secretary Attest, Mark D. Boughton, Mayor