City Council

CITY COUNCIL MEETING November 9, 2023 - 7:30 P.M. Honorable Mayor, Dean Esposito, called the meeting to order at 7:32 p.m. PLEDGE OF ALLEGIANCE & PRAYER The Pledge of Allegiance was led by Sean Hatch. Councilman DiGilio led all in prayer. ROLL CALL COUNCIL MEMBERS PRESENT: Buzaid, Eriquez, Henry, Levy, DiGilio, Rotello, Visconti, Esposito, Palma, Britton, Perkins, Chianese, Fox, Masi, and Putnam. COUNCIL MEMBERS ABSENT: Coelho, Esposito III, McGetrick, Merchan, Cammisa, and Tomchik. PRESENT: 15, ABSENT: 6 ALSO PRESENT: Bob Yamin, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; and Elisa Etcheto, Legislative Assistant. PUBLIC INPUT: Dave Vieira, Resident, VFW Post 149 Member, spoke on item #6. Ken Gucker, Resident, 89 Padanaram Road, spoke on items #4, 5 and 6. Farley Santos, State Representative and Resident, 27 West View Drive, spoke on item #6. Andrea Gartner, 112 Deer Hill Avenue, spoke on item #18. MINUTES - Minutes of the Council Meeting held October 3, 2023 A motion was made by Councilman DiGilio, and was seconded by Councilman Perkins, to receive the minutes and approve them as presented, as well as waive the reading, as all Members have copies and copies are on file in the Legislative Assistant's Office. The motion carried unanimously. CONSENT CALENDAR 4. COMMUNICATION - Appointment to Zoning Board of Appeals Receive the Communication and approve the appointment of William J. Trotta to serve as an Alternate on the Zoning Board of Appeals with a term to expiring on 10/30/2026 as presented. 5. COMMUNICATION - Appointment to Tarrywile Park Authority Receive the Communication and approve the appointment of Duane E. Perkins to serve on the Tarrywile Park Authority with a term expiring 10/30/2026 as presented. 7. COMMUNICATION - Donation to Danbury Animal Control - Police Department Receive the Communication and approve the request to accept an anonymous donation of $2,000.00 to be used by the Danbury Animal control division for supplies and equipment as presented. 11. COMMUNICATION - Request for Permission for Disposal of Surplus Vehicles & Equipment - Purchasing Receive the Communication approve the request for permission to dispose of Surplus Vehicles and Equipment Pursuant to the requirements set forth by section 2-211 of the code of ordinances as presented. 15. RESOLUTION - CT DOT - Distracted Driving Grant - Police Department Receive the Communication and adopt the Resolution authorizing Mayor Dean Esposito, Mayor of the City of Danbury to allow the City of Danbury Police Department to apply for and accept funding from the State of Connecticut, Department of Transportation through its Fiscal Year 2024 Distracted Driving Visibility Enforcement Program in an amount not to exceed $62,150 with no local match required as presented. 16. RESOLUTION - CT DPH - Tuberculosis Control Program - Health & Human Services Receive the Communication and adopt the Resolution authorizing Dean Esposito, Mayor of the City of Danbury to allow The City Of Danbury Health and Human Services Department to accept the awarded funding in the form of a grant through the Connecticut Department of Health for Tuberculosis control in an amount not to exceed $25,000 annually until the June 30, 2024 extension with no match required as presented. A motion was made by Councilman Henry, and was seconded by Councilman Perkins, to receive the Consent Calendar. The motion carried unanimously. AGENDA: 1. COMMUNICATION - Police Department Promotion - Andrew Whitlock to Police Sergeant A motion was made by Councilman Henry, seconded by Councilman Palma, to receive the communication and confirm the promotion and appoint of Police Detective Andrew Whitlock to the position of Police Sergeant within the Danbury Police Department. The motion carried unanimously. 2. COMMUNICATION - Police Department Promotion - Colin Marino to Police Detective A motion was made by Councilman Esposito, seconded by Councilman Visconti, to confirm the promotion and appoint of Police Officer Colin Marino to the position Police Detective within the Danbury Police Department. The motion carried unanimously. 3. COMMUNICATION - Police Department Appointment - Reynaldo Pena A motion was made by Councilman Eriquez, seconded by Councilman Rotello, to receive the communication and confirm the appoint of Reynoldo Pena to the position of Certified Police Officer within the Danbury Police Department. The motion carried unanimously. 4. COMMUNICATION - Appointment to Zoning Board of Appeals *CONSENTED - as received. 5. COMMUNICATION - Appointment to Tarrywile Park Authority *CONSENTED - as received. 6. COMMUNICATION - Request for Honorary Naming of Byron Street for VFW Post 149 A motion was made by Councilman Buzaid, to refer the item to an Ad Hoc Committee, consisting of Corporation Counsel, Superintendent of Public Buildings, Director of Finance, and a representative of the Mayor's Office. So Ordered. The Mayor appointed Councilman Chianese in the chair, along with Councilmen Britton and Buzaid. 7. COMMUNICATION - Donation to Danbury Animal Control - Police Department *CONSENTED - as received. 8. COMMUNICATION - Chow House (Farrington Park) - Residential License A motion was made by Councilman Fox, to receive this communication and refer the item to an Ad Hoc Committee, consisting of Corporation Counsel, the Superintendent of Buildings, Director of Finance, and the Mayor's Office. So Ordered. The Mayor appointed Councilman Rotello in the chair, along with Councilmen Perkins and Fox. 9. COMMUNICATION - Main House (Farrington Park) - Residential License A motion was made by Councilman DiGilio, to refer the item to an Ad Hoc Committee, consisting of Corporation Counsel, the Superintendent of Buildings, Director of Finance, and a representative from the Mayor's Office. So Ordered. The Mayor appointed Councilman Rotello in the chair, along with Councilmen Perkins and Fox. 10. COMMUNICATION - Bear Mountain (Reservation) Cottage - Residential License A motion was made by Councilman Putnam, to refer the item to an Ad Hoc Committee, consisting of Corporation Counsel, the Superintendent of Buildings, Director of Finance, and a representative from the Mayor's Office. So Ordered. The Mayor appointed Councilman Rotello in the chair, along with Councilmen Perkins and Fox. 11. COMMUNICATION - Request for Permission for Disposal of Surplus Vehicles & Equipment - Purchasing *CONSENTED - as received. 12. COMMUNICATION - Sewer Main Extension - 22 Depalma Lane A motion was made by Councilman DiGilio, to refer this item to the City Engineer and Planning Commission for reports. So Ordered. 13. COMMUNICATION - Sewer Main Extension - Fairfield Ave - Morton Street A motion was made by Councilman DiGilio, to refer this item to the City Engineer and Planning Commission for reports. So Ordered. 14. COMMUNICATION - Water Main Extension - Fairfield Ave - Morton Street A motion was made by Councilman DiGilio, to refer this item to the City Engineer and Planning Commission for reports. So Ordered. 15. RESOLUTION - CT DOT - Distracted Driving Grant - Police Department *CONSENTED - as received. 16. RESOLUTION - CT DPH - Tuberculosis Control Program - Health & Human Services *CONSENTED - as received. 17. REPORTS - Ad Hoc: Naming of Rogers Park Press Box A motion was made by Councilman DiGilio, seconded by Councilman Rotello, to waive the reading of the minutes of this report, as all Members have copies and copies are on file in the Legislative Assistant's Office. The motion carried unanimously. A motion was made by Councilman Henry, seconded by Councilman Palma, to receive the report from the Ad Hoc Committee and adopt the resolution for the naming of the Rogers Park Press Box as presented. The motion carried unanimously. 18. REPORTS - Ad Hoc: Public Safety Fees for Cultural Events, Activities & Festivals A motion was made by Councilman DiGilio, seconded by Councilman Rotello, to waive the reading of the minutes of this report, as all Members have copies and copies are on file in the Legislative Assistant's Office. The motion carried unanimously. A motion was made by Councilman Esposito, seconded by Councilman Visconti, to receive the correspondence and approve the Ad Hoc report and adopt the resolution as presented with the changes. 14 Yes, 1 Abstention (Perkins). Motion Carries. Councilman Chianese inquired about a list of existing events that require public safety. Mr. Thode and Mr. Sturdevant (Deputy Police Chief) discussed details of these events. Councilman Perkins stated that he will not be supporting the item at this time due to additional questions. Mr. Sturdevant clarified the application review process with Councilmen Rotello and Chianese. 19. EXECUTIVE SESSION - Pending Litigation: Carozza, et al vs. City of Danbury A motion was made by Councilman DiGilio, to enter into Executive Session for the purposes of discussion of settlement of Carozza, et al vs. City of Danbury litigation, to be included in attendance Dan Garrick, Director of Finance, Attorney Michael Harrington, Ford Harrison, and the City of Danbury's Office of Corporation Counsel. The motion was withdrawn. A motion was made by Councilman DiGilio, seconded by Councilman Rotello, to move item 19 after the department reports. The motion carried unanimously. DEPARTMENT REPORTS: Police, Fire, Health & Human Services, Public Works, Permit Center, U.N.I.T., Elderly Services, Public Library & Tax Assessor A motion was made by Councilman DiGilio, seconded by Councilman Perkins, to receive the Department Reports and waive the reading of the reports, as all Members have copies and copies are on file in the Legislative Assistant's Office. The motion carried unanimously. A motion was made by Councilman DiGilio, to enter into Executive Session for the purposes of discussion of settlement of Carozza, et al vs. City of Danbury litigation, to be included in attendance will be the following: Dan Garrick, Director of Finance, Michael Harrington, Attorney from Ford Henderson, and the City of Danbury's Office of Corporation Counsel. The motion was withdrawn. Mayor Esposito thanked all departing Council Members and City staff for their service. City Council President DiGilio thanked Mayor Esposito for his service. EXECUTIVE SESSION: A motion was made by Councilman DiGilio, seconded by Councilman Levy, to enter into Executive Session for the purposes of discussion of settlement of Carozza, et al vs. City of Danbury litigation, to be included in attendance will be the following: Dan Garrick, Director of Finance, Michael Harrington, Attorney from Ford Harrison, and the City of Danbury's Office of Corporation Counsel. The motion carried unanimously. City Council Meeting moved into Executive Session at 9:05pm. City Council Meeting reconvened into Open Session at 9:40pm. A motion was made by Councilman DiGilio, seconded by Councilman Rotello, to approve the settlement of Carozza, et al vs. City of Danbury litigation, in accordance with the discussion in Executive Session, together with the adoption of the settlement agreement resolution and the Finance Department’s certification of funds. The motion carried unanimously. A MOTION TO RECONSIDER (Item #7 from the Oct. 3, 2023 Agenda): A motion was made by Councilman Chianese, seconded by Councilman Rotello, to reconsider this donation and send it back to an Ad Hoc for further deliberation. 4 Yes (Rotello, Britton, Perkins, Chianese), 11 No. The motion failed. Mr. Pinter clarified the process of reconsidering an item. Councilman DiGilio spoke in opposition of reconsidering the item. He clarified the reconsideration process with Council. Councilman Rotello spoke in support of reconsidering the item. The request lacked information for Council to make an informed decision. He suggested scheduling meetings next month for the new administration to thoroughly evaluate the item and address constituent concerns. Councilman Perkins spoke in support of reconsidering the item. City Council was not given the opportunity to address facial recognition technology. Councilman Levy spoke in opposition of reconsidering the item. The department heads thoroughly evaluate requests before presenting the item to City Council for consideration. Councilman Perkins asked for a Roll Call Vote. Mayor Extended All Committees ADJOURNMENT A motion was made by Councilwoman Buzaid seconded by Councilman Rotello, to adjourn. Motion carried unanimously. The meeting adjourned at 9:55 p.m. Copies of Agenda Items are available in the Legislative Assistant’s Office and on the City’s website. Respectfully submitted, Christina Martinez Recording Secretary Attest, Elisa Etcheto, Legislative Assistant