City Council

CITY COUNCIL MEETING February 6, 2024 - 7:30 PM Honorable Mayor, Roberto Alves, called the meeting to order at 7:33 p.m. PLEDGE OF ALLEGIANCE & PRAYER The Pledge of Allegiance was led by Boy Scout Troops 9 & 217. Boy Scouts led all in prayer. ROLL CALL COUNCIL MEMBERS PRESENT: Hawley, Rickert, Simone, Gartner, Salvatore, Peter Buzaid, Emile Buzaid, Coelho, Lapine, Ratchford, Dennis Perkins, Fox, Palma, Robinson, Britton, McAllister, Duane Perkins, Chianese, Rotello, Giordano, and Tomchik. COUNCIL MEMBERS ABSENT: 0 PRESENT: 21, ABSENT: 0 ALSO PRESENT: Dan Casagrande, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; and Elisa Etcheto, Legislative Assistant. PUBLIC INPUT: Dr. Bialik, Resident, 5 Wilderswood Way, spoke on items #17, and #15. Isman Moghal, Resident, 21 Cedar Street, spoke on cease fire in Gaza. Mark Cammissa, Resident, 21 Aunt Hack Road, spoke on item #15. Ken Gucker, Resident, 89 Padanaram Road, spoke on item #15. Stanley Heller, Resident, 14 Lake Place North, spoke on item #15. *Mayor extended Public Speaking* Rob Melillo, Resident, 1 Lois Street, spoke on item #15. Greg Williams, Resident, 9 College Park Drive, spoke on item #15. Juan Rivas, Resident, 59 Dana Road, spoke on item #16. Larry Riefberg, Resident, 6 Ervie Drive, spoke on item #15. Warren Levy, Resident, 5 Pilgrim Drive, spoke on items #1, and #15. Gladys Cooper, Resident, 1 Southern Boulevard, spoke on item #22. Anthony Bruno, Resident, 75 Deer Hill Avenue, spoke on item #15. Jeff Berlin, Resident, 18 Fairlawn Avenue, spoke on item #15. Greg Davis, Resident, 30 Cannonball Drive, spoke on items #15, and #16. Al Robinson, Resident, 7 Melrose Avenue, spoke on item #17. MINUTES - Minutes for the Regular City Council Meeting held January 4, 2024. A motion was made by Councilman P. Buzaid, and was seconded by Councilman Duane Perkins, to receive the minutes and waive the reading of the minutes, as all Members have copies and copies are on file in the Legislative Assistant's Office, and approve the minutes as presented. The motion carried unanimously. CONSENT CALENDAR 2. COMMUNICATION - Appointment to Planning Commission Receive the communication and confirm the appointment of Cheryl Wallace Smith as an alternate on the planning commission. 3. COMMUNICATION - Appointments to Other Post Employment Benefit (O.P.E.B.) Board Receive the communication and confirm the appointments of Andrea Gray, Jeffrey Tomchik, Barry Rickert, Dilania Kalman and Virginia Alosco-Werner to the City of Danbury Other Post Employment Benefit Board for the terms listed in the letter from the mayor. 4. COMMUNICATION - Appointments to Housatonic Resources Recovery Authority (H.R.R.A.) Receive the communication and confirm the appointment of Mayor Roberto Alves and Farley A. Santos to the Housatonic Resources Recovery Authority for terms to expire on July 1, 2026. 11. RESOLUTION - CT DECD Brownsfield Grant - Finance Receive the communication and adopt the resolution that Mayor Roberto L. Alves be and hereby is authorized to take all necessary actions in furtherance of this program and assistance, designation of funding and related project needs for the properties located at 72-80 Maple Avenue and East Franklin Street, that the City of Danbury is cognizant of the conditions and prerequisites for the state financial assistance and that all actions taken hereunder on behalf of the City of Danbury in connection with the actions contemplated by this resolution are hereby ratified and confirmed in all respects. 12. RESOLUTION - CDC Expanding the National Approach to Chronic Disease Education and Awareness Grant - Health & Human Services Receive the communication and adopt the resolution that Mayor Roberto L. Alves, Mayor of the City of Danbury, or Kara Prunty, Director of Health, and Human Services, as his designee, is hereby authorized to apply for and accept said funding and to execute all contracts to effectuate purposes thereof. 13. RESOLUTION - PCLB Grant - Elderly Services Receive the communication and adopt the resolution that Mayor Roberto L. Alves, Mayor of the City of Danbury, or Susan M. Tomanio, Director of Elderly Services, as his designee, is hereby authorized to sign any documents necessary to accept said funding and to execute all contracts to effectuate purposes thereof. 14. RESOLUTION - Connecticut State Library Summer Enrichment Grant - Public Library Receive the communication and adopt the resolution that Mayor Roberto L. Alves, Mayor of the City of Danbury, or Katie Pearson, Library Director, as his designee, is hereby authorized to sign any documents necessary to effectuate the purposes of said grant application and execute on behalf of the City of Danbury all contracts, agreements or amendments and to take all actions necessary to accomplish the purposes of this funding. Councilman Coelho requested that items 11 & 12 be removed from consent calendar. A motion was made by Councilman Salvatore, and was seconded by Councilman Duane Perkins, to accept the Consent Calendar with items #11 and #12removed and put back to read and vote. The motion carried unanimously. AGENDA 1. COMMUNICATION - Police Department Appointments: Certified Police Officers - Davis, Ronquillo, and Mendez A motion was made by Councilman Tomchik, seconded by Councilman Chianese, to receive the communication and confirm the appointments of Natalie Ronquillo and Joan Mendez, as Certified Police Officers with the Danbury Police Department. The motion carried unanimously. 2. COMMUNICATION - Appointment to Planning Commission *CONSENTED - as received. 3. COMMUNICATION - Appointments to Other Post Employment Benefit (O.P.E.B.) Board *CONSENTED - as received. 4. COMMUNICATION - Appointments to Housatonic Resources Recovery Authority (H.R.R.A.) *CONSENTED - as received. 5. COMMUNICATION - Disposition of City Property Request – Fire Dept. A motion was made by Councilman Rickert, to receive the communication and refer this to an Ad Hoc Committee, consisting of the Danbury Fire Department Chief, Director of Finance, Corporation Counsel, and the Director of Public Buildings. So ordered. The Mayor appointed Councilwoman Gartner in the Chair, along with Councilmen Palma and Rickert. 6. COMMUNICATION - Conveyance to City for Roadway Purposes - 1 & 15 Miry Brook Road A motion was made by Councilman Hawley, to receive the communication and refer this to the City Engineer and Planning Department for a report back to the City Council within two months. So ordered. 7. COMMUNICATION - Request for Water Main Extension - 15-19 Backus Avenue A motion was made by Councilman Simone, to receive the communication and refer this to the City Engineer and Planning Department to report back to the City Council within two months. So ordered. 8. RESOLUTION - Easement Acquisition - Franklin Street Extension - Extension of Time A motion was made by Councilman Ratchford, seconded by Councilman Salvatore, to receive the communication and adopt the resolution that the City, through the Office of Corporation Counsel, be and herby is authorized to acquire the property interest substantially as set forth in the attached mapping and easements, in accordance with the procedures established by state law, either by negotiation or eminent domain, through the institution of suit against the interested property owners and holders of mortgages encumbering the property, if any, by July 31, 2024. The motion carried unanimously. 9. RESOLUTION - Easement Acquisition - Shelter Rock Road Bridge - Extension of Time A motion was made by Councilman McAllister, seconded by Councilman Salvatore, to receive the communication and adopt the resolution that the City, through the Office of Corporation Counsel, be and herby is authorized to property interest substantially as set forth in the attached mapping and easements, in accordance with the procedures established by state law, either by negotiation or eminent domain, through the institution of suit against the interested property owners and holders of mortgages encumbering the property, if any, by July 31, 2024. The motion carried unanimously. 10. RESOLUTION - Easement Acquisition - McDermott St. & Sheridan St. A motion was made by Councilman Britton, seconded by Councilman Chianese, to receive the communication and adopt the resolution that the City, through the Office of Corporation Counsel, be and herby is authorized to property interest substantially as set forth in the attached mapping and easements, in accordance with the procedures established by state law, either by negotiation or eminent domain, through the institution of suit against the interested property owners and holders of mortgages encumbering the property, if any, by July 31, 2024. The motion carried unanimously. 11. RESOLUTION - CT DECD Brownsfield Grant - Finance A motion was made by Councilman Salvatore, seconded by Councilwoman Gartner, to receive the communication and adopt the resolution that Mayor Roberto L. Alves, be and herby is authorized to take all necessary actions in furtherance of this program and assistance, designation of funding, and related project needs, for the properties located at 72-80 Maple Avenue and East Franklin Street, that the City of Danbury is cognizant of the conditions and prerequisites for the State financial assistance, and that all actions taken here under, on behalf of the City of Danbury, in connection with the actions contemplated by this resolution are hereby ratified and confirmed in all respects. The motion carried unanimously. Councilman Coelho asked if there are match requirements. Mr. Kleinhans said no. 12. RESOLUTION - CDC Expanding the National Approach to Chronic Disease Education and Awareness Grant - Health & Human Services A motion was made by Councilman Salvatore, seconded by Councilman Chianese, to receive the communication and adopt the resolution that Mayor Roberto L. Alves, Mayor of the City of Danbury, or Kara Prunty, Director of Health & Human Services, as his designee, is hereby authorized to apply for and accept said funding and to execute all contracts to effectuate purposes thereof. The motion carried unanimously. Councilman Coelho asked for clarification of chronic diseases. Ms. Prunty confirmed that this grant is focused on diabetes and hypertension. 13. RESOLUTION - PCLB Grant - Elderly Services *CONSENTED - as received. 14. RESOLUTION - Connecticut State Library Summer Enrichment Grant - Public Library *CONSENTED - as received. 15. REPORT & RESOLUTION - Ad Hoc: Charter Revision Request (2024) A motion was made by Councilman P. Buzaid, seconded by Councilman Rotello, to waive the reading of the minutes, 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 Salvatore, seconded by Councilman Britton, to receive the report from the Ad Hoc Committee and adopt the resolution that; the process of Charter Revision is hereby initiated and the following nine persons are hereby appointed to serve as Members of the Charter Revision Commission: Peter Buzaid, Michael Safranek, MaryJean Rebeiro, Ellen VanDyke Bell, Bridget Guertin, Justin Chan, Wilson Hernandez, PJ Prunty, and Mini Santosh; the Charter Revision Commission appointed herein shall be authorized and directed to consider any, and all revisions that it deems necessary and desirable and in the best interest of the citizens of the City of Danbury, and the following anticipated timetable is established for completion of the Charter Revision process; commencement of the process on February 6, 2024, submission of a draft report by the Charter Revision Commission not later than 16 months thereafter, submission of final proposal to the voters shall occur within 15 months of the Council's approval of the proposed amendments, as set forth by Connecticut General Statutes Section 7-191E. The motion was superseded by a motion to recommit. Councilman Palma requested that the Ad Hoc minutes be changed to reflect his intention to abstain from voting instead of voting yes. Councilman Rotello asked for clarification of the motion on the table. Councilman Fox spoke in opposition of the request. He asked for transparency and suggested that there be further discuss of this matter with the public before initiating the process. A motion was made by Councilman Fox, seconded by Councilman Rotello, to recommit back to the Committee. The motion carried. 18 Yes, 3 No (E. Buziad, Coelho, Palma). Councilman Palma spoke on the need for transparency and asked that the whole Council be informed on the intent of the revision. Councilman Britton asked for a point of order to clarify the recommittal request. Mr. Pinter noted that discussion should be limited to recommittal. Councilman Rotello asked for clarification on what is being recommitted. Mr. Pinter confirmed that the same item is being sent back to the same ad hoc committee. Councilman Coelho noted Mayor Alves spoke on the Charter Revision process so far. Councilman Fox asked that a gavel be passed to the Council President before the Mayor gives remarks. 16. REPORT & RESOLUTION - Ad Hoc: Honorary Naming of Byron Street for VFW Post 149 A motion was made by Councilman P. Buzaid, seconded by Councilman Duane Perkins, to waive the reading of the minutes, 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 Chianese, seconded by Councilman Palma, to receive the report from the Ad Hoc Committee, and adopt the resolution by the virtue of the authority established by the City Council of Danbury, and Mayor Roberto L. Alves, and for the forgoing reasons that Byron Street should hereby this day, and this year, and here after, by honorarily designated as VFW Post 149 Way. The motion carried unanimously. Councilmen Tomchik, Britton, and Coelho spoke in support of the honorary street naming. 17. REPORT & RESOLUTION - Ad Hoc: BRT Brookview Commons LLC Application for Deferral of Assessment Increases (333 Main St) A motion was made by Councilman P. Buzaid, seconded by Councilman Rotello, to waive the reading of the minutes, 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 Councilwoman Gartner, seconded by Councilman Salvatore, to receive the report from the Ad Hoc Committee and adopt the resolution, that Roberto Alves, Mayor of the City of Danbury, hereby is authorized to execute and record an agreement to defer increase in tax assessment between the City of Danbury and BRT Brookview Commons LLC, inform and substance to be approved by the Corporation Counsel, subject to terms and conditions set forth in the Planning Director’s recommendations, the application and commitments made for the construction and improvements proposed, and in accordance with Connecticut General Statute Section 12-65B and City Code 4463, and other relevant City requirements. The motion carried. 12 Yes, 9 No (Rickert, E. Buzaid, Coelho, Dennis Perkins, Fox, Palma, Duane Perkins, Chianese, Rotello). Councilman Hawley requested a roll call vote. Councilmen Fox, Chianese, and Duane Perkins spoke in opposition of the request. Councilman P. Buzaid asked the Tax Assessor for clarification on the start of the Tax Deferral. Councilwomen LaPine and Gartner spoke in support of the request. Mayor Alves discussed the need to honor the commitment. 18. REPORTS & RESOLUTION - Ad Hoc, Engineering & Planning: Release of City Easements to Savings Bank of Danbury A motion was made by Councilman P. Buzaid, seconded by Councilman Tomchik, to waive the reading of the minutes, 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 Councilwoman LaPine, seconded by Councilman Salvatore, to receive the report from the Engineering and Planning Departments and the Ad Hoc Committee, and adopt the resolution, that the City authorizes Mayor Roberto L. Alves, to execute such instruments as are necessary and approved by the Office of the Corporation Counsel to release and transfer interests in any of the easements shown on the easement map provided, to release or transfer by quick claim deed to Savings Bank of Danbury, as interests in easements C, D, E, and G, shown on the easement map at such times as the Saving Bank of Danbury has granted the easement or easements necessary to provide utility services to its properties, and adjacent properties, presently provided utility services through said easements, to release or transfer by quick claim deed to Savings Bank of Danbury, its interests in easements A, B, and F, shown on the easements map at such time, as the Savings Bank Danbury, has either: A - granted the easement, or easements necessary to provide utility service to the properties presently provided utility services through said easements, or B - the City of Danbury has been provided with written correspondents from the relevant utility companies that know such additional easements are required. The motion carried unanimously. 19. REPORTS - Ad Hoc, Engineering & Planning: Storm Drainage Ext. - White St. to Ives St. (Savings Bank of Danbury) A motion was made by Councilman P. Buzaid, seconded by Councilman Chianese, to waive the reading of the minutes, 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 Giordano, seconded by Councilman Salvatore, to receive the report from the Engineering and Planning Departments and Ad Hoc Committee and approve the storm drainage, as recommended by the Director of Public Works, through the communication to the City Council on 12/20/23, and subject to the usual and common conditions for extension of utilities as required by the Engineering Department. The motion carried unanimously. 20. REPORT - Ad Hoc: Danbury Public Schools - Funding Request for Special Education A motion was made by Councilman P. Buzaid, seconded by Councilman Rotello, to waive the reading of the minutes, 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 Councilwoman Robinson, seconded by Councilman Palma, to receive the report from the Ad Hoc Committee and approve the Board of Education’s November 15, 2023 request, for an additional appropriation of $400,000, to come from the Board of Ed's Reserve Fund account, which shall be allocated to unforeseen special education costs. The motion carried unanimously. Mr. Spang (CFO, Danbury Public Schools) clarified the expenditure of these funds with Councilmen Chianese, and confirmed for Councilman Coelho that funds for special education services will be calculated into future budgets. Mr. Garrick (Finance Director, City of Danbury) clarified the effect of accessing Reserve Funds on the City’s credit rating and audit process with Councilman Perkins. 21. REPORT - Ad Hoc: Danbury Public Schools - Additional Funds for Technology Expenses A motion was made by Councilman P. Buzaid, seconded by Councilman Rotello, to waive the reading of the minutes, 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 Councilwoman Salvatore, seconded by Councilman Lapine, to receive the report from the Ad Hoc Committee and approve the Board of Education's November 15, 2023 request for $202,274, to come from the Committed Fund Balance for Education account, which shall be used for unanticipated technology expenses. The motion carried unanimously. Councilman Fox spoke in support of the request, and asked Mr. Spang about preventative measures that could have been taken. Mr. Spang spoke on the cyber breach. Furthermore, he clarified the claim submission with Councilmen Duane Perkins, Tomchik and Coelho. Mr. Garrick answered questions from Councilmen Chianese, Palma and Coelho, and confirmed that the Reserve Fund does not have a minimum balance requirement. Furthermore, the allocation of funds will not affect the City's bond rating. 22. 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 P. Buzaid, seconded by Councilman Rotello, to waive the reading of the reports, as all Members have copies, and copies are on file in the Legislative Assistant's Office, and we accept the reports as presented. The motion carried unanimously. 23. EXECUTIVE SESSION - Tax Appeal Settlement A motion was made by Councilman P. Buzaid, seconded by Councilman Rotello, to enter Executive Session for the purpose of discussing the following pending legal matters involving property tax appeals in the City of Danbury, 1 – Macy’s Retail Holdings vs. City of Danbury, 2 – 10 Riverview Drive vs. City of Danbury, 3 – Kennedy Flats vs. City of Danbury. The motion carried unanimously. Asked to participate in the session were: Dan Casagrande, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; Donna Murphy, Tax Assessor; Dan Garrick, Director of Finance; Taylor O’Brien, Chief of Staff to the Mayor; Attorney Kim Nolan, Cramer and Anderson; Attorney Patrick Finn, Secor Cassidy & McPartland, P.C. Council went into closed session at 10:10 pm. Council went back into public session at 11:00 pm. Councilman Duane Perkins asked for a point of order regarding a motion to reconvene the meeting. A motion was made by Councilman P. Buzaid, seconded by Councilman Chianese, to reconvene. The motion carried unanimously. A motion was made by Councilman P. Buzaid, seconded by Councilman Chianese, to authorize the resolution of the pending legal matters in accordance with the discussion we had together with a certification of funding. The motion carried unanimously. Councilwoman Gartner thanked the Assessor and attorneys for all their hard work. Mayor Extended All Committees ADJOURNMENT A motion was made by Councilman Salvatore, seconded by Councilman Rotello, to adjourn. Motion carried unanimously. The meeting adjourned at 11:02 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