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City Council

Regular Meeting

Danbury, CT · August 26, 2024

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Minutes

SPECIAL MEETING OF THE CITY COUNCIL August 26, 2024 - 7 P.M. Honorable Mayor, Roberto Alves, called the meeting to order at 7:03p.m. PLEDGE OF ALLEGIANCE & PRAYER The Pledge of Allegiance was led by Michael Flanagan. Councilman McAllister led all in prayer. ROLL CALL: COUNCIL MEMBERS PRESENT: Hawley, Rickert, Simone, Gartner, Salvatore, Peter Buzaid, Coelho, LaPine, Ratchford, Dennis Perkins, Robinson, Britton, McAllister, Duane Perkins, Chianese, Rotello, Giordano, Tomchik COUNCIL MEMBERS ABSENT: Palma, Rotello PRESENT: 19, ABSENT: 2 ALSO PRESENT: Dan Casagrande, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; and Elisa Etcheto, Legislative Assistant. NOTICE OF SPECIAL MEETING – Read by the Legislative Assistant for the record. ACCEPTANCE OF CALL TO SERVICE A motion was made by Councilman Chianese, seconded by Councilman Emile Buzaid, to accept the call to service for the special meeting. Motion carried unanimously. PUBLIC SPEAKING Jeff Berlant, 18 Fairlawn Ave – Spoke on item #2 Warren Levy, 5 Pilgrim Dr – Spoke on items #1 & 2 Michael Flanagan, 35 Jefferson Ave – Spoke on item #2 Frank Destefano, 24 Old Ols Pasture Dr (Rivington) – Spoke on item #2 Steve Cook, 23 Country View Rd (Rivington) – Spoke on item #2 Paul McAllister, 33 mabel Ave – Spoke on item #2 Pete Scieszinski, 49 Saddle Rock Rd – Spoke on item #2 Al Robinson, 7 Melrose Ave – Spoke on item #2 Mayor Alves explained the bond process and details of these bonds. AGENDA 1. REPORTS & ORDINANCE – Public Hearing & Committee of the Whole - $3M Public Improvements Bond: AN ORDINANCE APPROPRIATING $3,000,000 FOR PUBLIC IMPROVEMENT PROJECTS. A motion was made by Councilman P. Buzaid, seconded by Councilman Duane Perkins, to waive the reading of the minutes of these reports as all members have copies, and copies are available in the Legislative Assistant’s Office. Motion carried unanimously. A motion was made by Councilwoman Gartner, seconded by Councilman Duane Perkins, to adopt the ordinance appropriating $3,000,000 for public improvement projects in the 2024-2025 capital budget and authorizing the issuance of $3,000,000 in bonds of the city to meet said appropriation and pending issuance there of making of temporary borrowings for such purpose. Motion carried unanimously. 2. REPORTS, ORDINANCE & RESOLUTION – Public Hearing & Committee of the Whole - $49M Public Safety & Infrastructure Bond: AN ORDINANCE APPROPRIATING $49,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION, ENGINEERING, PURCHASE AND ACQUISITION OF LAND, VARIOUS PUBLIC IMPROVEMENTS, EQUIPMENT AND REPLACEMENTS. A motion was made by Councilman P. Buzaid, seconded by Councilman Duane Perkins, to waive the reading of the minutes of these reports as all members have copies, and copies are available in the Legislative Assistant’s Office. Motion carried unanimously. Main Motion: A motion was made by Councilman Salvatore, seconded by Councilman Chianese, to adopt an ordinance appropriating $49,000,000 for the planning, design, construction, engineering, purchase and acquisition of land, various public improvements, equipment, and replacements, and authorizing the issuance of $49,000,000 in bonds of the City to meet said appropriation and pending issuance thereof, the making of temporary borrowings for such purpose, together with the adoption of a Resolution providing for a special City meeting of electors on November 5, 2024. Motion carried unanimously. Councilman Duane Perkins thanked City staff that helped put together the ordinance and spoke on his confidence in them to have properly planned for the projects in the bond. He asked Mr. Iadarola (Public Works Director & City Engineer) about paving and the quality of asphalt and a maintenance plan that the department has implemented to increase the life of paved roads. Councilman Chianese discussed the importance of approving the bond and asked Mr. Thode (Fire Chief) about the need for a westside firehouse. Mr. Thode noted studies, reports and documents that date back to 1981 that identify the growth on the City’s westside and the need to add more public safety services in the area. He spoke about discussions between Fire administrators regarding the location of a new firehouse and identified continued rising construction costs as a concern for waiting longer to secure the funds. Councilman Fox asked that the Mayor’s Office promise to hold public information sessions to educate the public on the bond so that it can pass in November, and to allow the public to ask questions. Councilwoman Robinson asked Corporation Counsel to confirm that the bond follows all City Charter requirements; Mr. Casagrande confirmed that the bond was drafted by Bond Counsel and as Mr. Santoro (Bond Counsel) stated during the Public Hearing, it is approved. A motion to amend the main motion was made by Councilman Coelho, seconded by Councilman Emile Buzaid, to split the bond into a public safety fire portion for $22 million, and the balance for police and paving projects. 16 No, 3 Yes (E. Buzaid, Coelho, Fox). Motion failed. Mayor Alves explained that splitting the bond would restart the process and a new Public Hearing and Committee of the Whole would have to take place, leading to delays and missed state deadlines to have the bond appear on the general election ballot in November. He also noted that separating the bond would not allow for keeping the firehouse a priority with flexibility in cost overruns or underruns. Councilman Chianese asked Corporation Counsel to confirm that the Public Hearing process would have to start over if the bond is split; Mr. Casagrande confirmed. Councilwoman Robinson discussed the need and importance of the projects and reiterated that having the bond question on the November election ballot will guarantee the most public input. Councilman E. Buzaid spoke on the importance and need for a westside firehouse. He explained that senior residents in that area including him want the project passed and completed as soon as possible, he noted that a split bond would simply the projects and would encourage more residents to vote for the firehouse. Councilman Britton explained that he would be voting no on splitting the bond due to the delay it would cause to getting the firehouse open and in turn further delay life-saving personnel from getting to emergencies in a reasonable amount of time on the westside. Councilwoman Gartner spoke against the split and explained her respect for the work that has been done by department heads leading up to the bond proposal. Councilman Rickert spoke against the split saying that any delays will lead to more firefighters and residents being placed at risk. Councilman Simone noted his objection to the split and spoke about his personal experiences with heavy traffic blocking emergency response on Mill Plain Road, as well as his concerns for adequate response times for those with health issues. A Roll Call Vote was requested by Councilman Peter Buzaid. (Motion to amend failed). Back to the Main Motion. A Roll Call Vote was requested by Councilman Duane Perkins. (Main motion passed). ADJOURNMENT A motion was made by Councilman Chianese, and was seconded by Councilman Emile Buzaid, to adjourn. Motion carried unanimously. The meeting adjourned at 8:14 p.m. Copies of Agenda Items are available in the Legislative Assistant's Office. Respectfully submitted, Elisa Etcheto, Legislative Assistant.

Agenda

CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 www.danbury-ct.gov ELISA ETCHETO PHONE: 203-797-4514 LEGISLATIVE ASSISTANT FAX: 203-796-1529 e.etcheto@danbury-ct.gov SPECIAL MEETING OF THE CITY COUNCIL NOTICE Who: City Council members When: 7 P.M. – Monday, August 26, 2024 Where: City Council Chambers 3rd Fl, City Hall, 155 Deer Hill Avenue Purpose: Special Meeting of the City Council: Item 1: Reports & Ordinance Public Hearing & Committee of the Whole - $3M Public Improvements: AN ORDINANCE APPROPRIATING $3,000,000 FOR PUBLIC IMPROVEMENT PROJECTS. Item 2: Reports, Ordinance & Resolution Public Hearing & Committee of the Whole - $49M Public Safety & Infrastructure: AN ORDINANCE APPROPRIATING $49,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION, ENGINEERING, PURCHASE AND ACQUISITION OF LAND, VARIOUS PUBLIC IMPROVEMENTS, EQUIPMENT AND REPLACEMENTS. *A copy of the Agenda is available online and in the Legislative Assistant’s Office and on the City website. Posted: Town Clerk Information Board City Website Calendar Noticed: Mayor’s Office Dept. Heads SPECIAL MEETING OF THE CITY COUNCIL AUGUST 26, 2024 The meeting will be called to order at 7:00 PM PLEDGE OF ALLEGIANCE & PRAYER ROLL CALL Hawley, Rickert, Simone, Gartner, Salvatore, Peter Buzaid, Emile Buzaid, Coelho, LaPine, Wallace-Smith, Dennis Perkins, Fox, Palma, Robinson, Britton, McAllister, Duane Perkins, Chianese, Rotello, Giordano, Tomchik PRESENT ABSENT NOTICE OF SPECIAL MEETING There will be a Special Meeting of the City Council on Monday, August 26, 2024 at 7 P.M. in the Council Chambers in City Hall to act on the items below. ACCEPTANCE OF CALL TO SERVICE PUBLIC SPEAKING AGENDA 1. REPORTS, - Public Hearing & Committee of the Whole - $3M Public ORDINANCE Improvements: AN ORDINANCE APPROPRIATING $3,000,000 FOR PUBLIC IMPROVEMENT PROJECTS. 2. REPORTS, - Public Hearing & Committee of the Whole - $49M Public ORDINANCE & Safety & Infrastructure: AN ORDINANCE APPROPRIATING RESOLUTION $49,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION, ENGINEERING, PURCHASE AND ACQUISITION OF LAND, VARIOUS PUBLIC IMPROVEMENTS, EQUIPMENT AND REPLACEMENTS. ADJOURNMENT There being no further business to come before the City Council a motion was made at _________P.M. by __________for the meeting to be adjourned. Copies of Agenda Items are available in the Legislative Assistant’s Office and on the City’s website. PUBLIC HEARING 1 Bond Issuances Thursday, August 15, 2024 Call To Order: Mr. P. Buzaid called the Public Hearing to order at 7:03 p.m. Pledge of Allegiance: Councilman Salvatore led the Pledge of Allegiance. Roll Call: COUNCIL MEMBERS PRESENT: Hawley, Rickert, Simone, Gartner, Salvatore, Peter Buzaid, Emile Buzaid, Coelho, Wallace-Smith, Dennis Perkins, Fox, Palma, Robinson, Britton, McAllister (arrived at 7:08pm), Duane Perkins, Chianese, Tomchik COUNCIL MEMBER ABSENT: LaPine, McAllister (arrived at 7:08pm), Rotello, Giordano PRESENT: 18, ABSENT: 3 ALSO PRESENT: Roberto Alves, Mayor; Taylor O’Brien, Chief of Staff, Mayor’s Office; Francesca Capodilupo, Government Affairs & Communications Advisor, Mayor’s Office; Farley Santos, Community Relations & Constituent Services Advisor, Mayor’s Office; Dan Casagrande, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; Glenn Santoro, Bond Counsel; Dan Garrick, Finance Director; Kara Prunty, Assistant Finance Director (Budgets & Grants); Joanne Stark, Assistant Finance Director (Operations); and Elisa Etcheto, Legislative Assistant. NOTICE: Council President P. Buzaid read the meeting notice and identified the items that are open for public comment: 1. AN ORDINANCE APPROPRIATING $3,000,000 FOR PUBLIC IMPROVEMENT PROJECTS. 2. AN ORDINANCE APPROPRIATING $49,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION, ENGINEERING, PURCHASE AND ACQUISITION OF LAND, VARIOUS PUBLIC IMPROVEMENTS, EQUIPMENT AND REPLACEMENTS. PUBLIC SPEAKERS: Item 1: No speakers Item 2: Cameron Coe, 8 Fairfield Court – Spoke for improvements but asked that a budget be presented and that the bonds return to the planning stage for more review. James Babcock, 26 Hollandale Rd. – Spoke in favor of the bonds for a new firehouse and discussed the need to keep firefighters and citizens safe. James Hines, 10 Beechwood Drive – Spoke on the time sensitivity of the bond and supports a new firehouse on the westside to improve public safety. Paul McAllister, 33 Mabel Ave – Discussed his concern with how quickly the bond is being presented and asked for more cost details for the new firehouse. Mark Miguel, 6 Rockwood Lane – Resident and firefighter who is concerned with the time it takes for emergency response to get to the westside of the City (10-12 minutes). He noted that waiting to move the bond forward is a safety issue. Mark Cammissa, 21 Aunt Hack Road – Spoke in support of the improvements but is concerned with the lack of details in the ordinance. He addressed the cost and the need to find the best location to avoid traffic on Mill Plain Rd. Warren Levy, 5 Pilgrim Drive – Agreed that a firehouse is needed on the westside but asked for more details on the plans for the new firehouse including size, firefighters, equipment. He also asked about the costs for the police and paving projects. Elvis Novas, 4 Stetson Place – Supports the bond and explained the need for the improvements. John White, 14 Samson Terrace – Spoke in support of the bond and discussed the growth on the city’s westside and the need for emergency services in that side of the city. He noted UL and NFPA studies that have identified the need of a firehouse on that side of the city. He identified long response times and the need for more staff. Pete Sciesinski, 49 Saddle Rock Rd. – As a former firefighter and Fire Chief, he explained his experience with a growing westside and temporary fixes for fire response needs on the westside. He discussed the new growth and emergency response needs today that require a new firehouse. He explained studies and insurance grading that have identified additional fire safety needs in that part of the city. Roberto Alves, Resident & Mayor, 7 West Redding Road – Spoke on the need to provide public safety to all residents. He noted that studies have identified the need of a westside firehouse for decades and that the timeline is following requirements for a referendum question on the Presidential election ballot (November 5). Joe Halas, Deputy Fire Chief – Spoke on behalf of Fire Chief Thode who is away at a conference. He discussed: plans for the new firehouse (Engine 27) to be as far west as possible, the need to have funds to negotiate land or property purchases, staffing for the new firehouse is already part of this budget and 11 new firefighters are already going through the hiring process, some existing equipment will be used with an addition $2.5million available for any needs, Engine 26 would continue to operate and serve the mall and airport which make up the most calls for service in that area. He noted that call volumes have gone up by 100% since 2022 and that firefighters are meeting minimum response time standards. He also spoke on the need to improve roads for safety vehicles to travel safely and to improve response times. Julie Milano, 1 Raymond Place – Supports the improvements to public safety but has questions about the other projects in the bond including; what roads are being picked and why, how will the paving and construction affect traffic and wants more details regarding the costs. A motion was made by Councilman Chianese, seconded by Councilman Duane Perkins, to close the public hearing. The motion carried unanimously. ADJOURNMENT A motion was made by Councilman Salvatore seconded by Councilman Duane Perkins, to adjourn. The motion carried unanimously. The meeting adjourned at 7:46p.m. Respectfully Submitted, Elisa Etcheto, Legislative Assistant. Attest: Peter Buzaid, City Council President COMMITTEE OF THE WHOLE Bond Issuances Thursday, August 15, 2024 Call To Order: Mr. P. Buzaid called the Public Hearing to order at 7:57 p.m. Roll Call: COUNCIL MEMBERS PRESENT: Hawley, Rickert, Simone, Gartner, Salvatore, Peter Buzaid, Emile Buzaid, Coelho, Wallace-Smith, Dennis Perkins, Fox, Palma, Robinson, Britton, McAllister, Duane Perkins, Chianese, Tomchik COUNCIL MEMBER ABSENT: LaPine, Rotello, Giordano PRESENT: 18, ABSENT: 3 ALSO PRESENT: Roberto Alves, Mayor; Taylor O’Brien, Chief of Staff, Mayor’s Office; Francesca Capodilupo, Government Affairs & Communications Advisor, Mayor’s Office; Farley Santos, Community Relations & Constituent Services Advisor, Mayor’s Office; Dan Casagrande, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; Glenn Santoro, Bond Counsel, Robinson & Cole; Dan Garrick, Finance Director; Kara Prunty, Assistant Finance Director (Budgets & Grants); Joanne Stark, Assistant Finance Director (Operations); Antonio Iadarola, Public Works Director & City Engineer; and Elisa Etcheto, Legislative Assistant. NOTICE: Council President P. Buzaid read the meeting notice and identified the items that are being addressed: A. AN ORDINANCE APPROPRIATING $3,000,000 FOR PUBLIC IMPROVEMENT PROJECTS. B. AN ORDINANCE APPROPRIATING $49,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION, ENGINEERING, PURCHASE AND ACQUISITION OF LAND, VARIOUS PUBLIC IMPROVEMENTS, EQUIPMENT AND REPLACEMENTS. Item A: A motion was made by Councilwoman Gartner, seconded by Councilman Salvatore, to recommend to the City Council the adoption of the ordinance appropriating $3 million dollars for public improvements projects in the 2024-2025 capital budget; and authorizing the issuance of $3million in bonds of the City to meet said appropriation and pending issuance thereof making of temporary borrowings for such purposes. The motion carried unanimously. Councilman Chianese noted the state’s portion of the project reimbursement (64%), and asked if unused funds from the bond could be used for other projects. Mr. Santoro explained that the funds can only be used for the project identified in the bond. Bonds are only issued for the completed project and there should be no left over funds. Mr. Iadarola noted that the cost of the project is approximately $3M. Mr. Chianese further discussed the authorization of the full $3M and whether the Council could designate unused funds. Councilman Duane Perkins asked about energy efficiency requirements. Mr. Iadarola noted that due to state reimbursement there are regulations that will need to be followed. Councilwoman Robinson asked for additional clarification on the cost of the project and state reimbursements. Mr. Santoro confirmed that bonds are issued when the project is complete and a final cost is determined. Mr. Garrick clarified the amounts that would be bonded. Mr. Iadarola provided an overview of the project need for Councilman Coelho. The noted; the roof is about 18 years old with damage from solar panels that caused leaks on the flat part of the roof, he confirmed that the project does qualify for state reimbursement; he identified the timeline and expects a complete project by the end of the summer 2025; he confirmed a 20 year warranty on the existing roof; he confirmed that if costs permit the sloped areas of the roof will also be replaced; he confirmed that the existing solar panels will be removed and disposed of and new ones will not be installed; he expects a metal roof to be installed but noted market costs are still fluctuating. Councilman Coelho also discussed the benefits of metal roofs and warranties. Councilman Salvatore asked Mr. Iadarola to clarify the levels of reimbursement; Mr. Iadarola confirmed that in most cases the state only reimburses 15-20% and that the 64% reimbursement in this case will save the city nearly $500,000. Councilman Britton asked Mr. Iadarola about the urgency for replacing the roof and Councilman Emile Buzaid asked about the sq. footage of the existing roof; Mr. Iadarola confirmed that the need is significant due to water settling and creating mold, he did not have the sq. footage on hand. Councilman Coelho asked about contingencies for damage that is found after the roof is taken off; Mr. Iadarola explained that a through review will take place to evaluate any unexpected damage and that there is a construction contingency. Item B: Main Motion: A motion was made by Councilman Salvatore, seconded by Councilman Chianese, to recommend to the City Council the adoption of an ordinance appropriating $49 million dollars for the planning, design, construction, engineering, purchase and acquisition of land, various public improvements, equipment and replacements, authorizing the issuance of $49 million in bonds of the City to meet said appropriation and pending issuance thereof the making of temporary borrowings for such purposes. The motion carried unanimously. Councilman Fox asked for a Roll Call Vote. Councilwoman Robinson asked if Bond Counsel drafted the bond ordinance. Mr. Santoro confirmed that his Firm, Robinson & Cole did draft the ordinance and it is sufficient to move forward. He explained that the amount is up to $49 million and that the City will only issue the bonds that it needs. Mr. Chianese asked about the allocation of the funds; Mr. Garrick identified debt service on page 314 of the budget book and explained the bond process. Councilman Chianese asked for the costs of the projects identified in the bond. Mayor Alves explained that the projects have estimated costs that will depend on construction costs and market values. He identified $18-22 million to purchase land and build the new firehouse. He noted that the firehouse needs to be built. Councilman Chianese discussed the route that Engine 26 has to take to get to The Reserve and the long response times, he identified the ward at the fastest growing area of the city, and asked the Council to act quickly on this need. Councilman Emile Buzaid said that he supports the enhancement of emergency services on the westside, however he expressed his concern with the process, the lack of project details and specific costs. He expressed potential concerns with voters noting voting for the bond due to the lack of information. Fire Deputy Halas reiterated the details of the firehouse project. Councilman McAllister asked about reports and the need for more staff and project details; Mr. Halas noted that multiple structures may be needed if the property houses more than just the firehouse and repurposing an existing structure is an option as long as the needs are met. Councilwoman Robinson agreed that the bond needs to be voted on by as many voters as possible which would be the November election, she discussed the need for Council approval for the projects as they are solidified. She noted the need to trust department heads and the Mayor to address projects that need to be completed. Councilman Tomchik discussed his support of the bond and asked Mr. Halas to speak on gate access to The Reserve; Mr. Halas confirmed that it is not functioning and that it would not decrease response time. He confirmed that fire department leaders do have a plan however, they can not negotiate or move forward without designated funds. Mr. Iadarola explained that 46 miles of road have been ranked and prioritized for paving and repairs based on calls and safety, he noted that public works needs were part of the fiscal budget request but were not funded. Councilman Rickert identified a study in 1981 that had at that time identified a need on the westside for more public safety, and explained that it clearly has not been rushed. He discussed fire response concerns and paving needs, and he noted his support of the bond. Councilman Fox asked about operating costs of a new firehouse; Mr. Garrick discussed the bond’s affect on debt services, and Mayor Alves clarified that staffing of the new firehouse is already included in the current fiscal budget and spoke on details of the project including location, size and an 8-10 minute decrease to response times. He spoke on updates that are needed to the Police’s CCTV system that will last the next 20 years, he discussed the plan to pave 15 miles of road per year with these funds, and reiterated that the intent is to get the bond to as many voters as possible. Councilman Fox spoke on the need to share the details of these projects with the public in a workshop format. Councilman Simone spoke on the need for the public and Council to rely on the department heads to do their jobs and provide the best results with these funds. Councilman Salvatore spoke on his experience as a volunteer firefighter and the need for more emergency services on the growing westside as well as the CCTV and paving projects. He asked Mayor Alves for an overview of the projects. Mayor Alves identified the firehouse as the first priority, followed by the CCTV updates. He explained that the paving project was estimated based on yearly costs and needs. Councilman Salvatore asked Mr. Iadarola to discuss drainage needs that will be funded in the bond, he identified $8 million in drainage emergency needs. Councilman Palma agreed that there is a need for these projects but asked for more details especially regarding the costs of the projects. Councilman Emile Buzaid asked for confirmation that a firehouse can be built for $20- 25 Million; Mayor Alves clarified the estimates: $16-22 Million for the Firehouse project (including an apparatus); $8 Million in drainage needs will be prioritized, this bond will not cover all $8M; and 15 miles of roads to be paved per year. Councilman Fox noted that roads are constantly needing to be paved due to the size of the city. Councilman Coelho confirmed his support of the city’s public safety personnel and needs, however he does have concerns with how the projects and the costs are being presented, he asked for more details for each project. He noted the Council’s fiduciary responsibility and that all the City’s needs are being addressed. He asked Mr. Iadarola for a timeline of the firehouse project; Mr. Iadarola explained that it depends on if a existing facility is being outfitted or if it is being built from scratch. Councilman Coelho discussed the long-discussed need for a new Fire Headquarters and asked about the needs identified in the 2022 report; Mr. Halas confirmed a new fire headquarters has been discussed for a long time and that there are HVAC needs that should be addressed. Councilman Rickert reiterated the importance of the projects and that the Council needs to decide if the voters will have a chance to vote on the bond, and that the Council will need to help inform the public. Councilman Palma asked for more details so that he can support the bond and encourage others to support it. Councilman Emile Buzaid asked again for confirmation that a firehouse can be provided for $20-25 Million; Mayor Alves confirmed and explained how they arrived at the estimate. He noted that a new Fire Headquarters is needed but that would have cost $60 to $100 Million and that that project has been delayed due to delayed audits. Councilman Coelho reiterated that he has to explain the bond to the voters and suggested that the projects be divided into separate questions/bonds. Councilwoman Robinson reiterated that the bond allows for the City to borrow up to $49 Million and that the Council will need to approve all spending; she asked that the Council move forward with the question. A motion was made by Councilman Fox, seconded by Councilman Emile Buzaid, to Move the Question. Motion carried. Yes – 16, No – 2 (Chianese and Duane Perkins). Councilman Duane Perkins asked for a Roll Call Vote. Return to the Main Motion. A motion was made by Councilman Chianese, seconded by Councilman Duane Perkins, to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 9:45 p.m. Respectfully Submitted, Elisa Etcheto, Legislative Assistant. ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2024 Be it ordained by the City Council of the City of Danbury: AN ORDINANCE APPROPRIATING $3,000,000 FOR PUBLIC IMPROVEMENT PROJECTS IN THE 2024-2025 CAPITAL BUDGET AND AUTHORIZING THE ISSUANCE OF $3,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DANBURY: Section 1. The sum of $3,000,000 is appropriated for the school roof projects hereinafter listed, to include but not limited to printing, legal and financing costs related thereto (collectively, the “Project”): Project Estimated Cost Ellsworth Avenue School Roof 3,000,000 TOTAL: $3,000,000 Section 2. To meet said appropriation $3,000,000 bonds of the City of Danbury, Connecticut (the “City”) are hereby authorized to be issued maturing not later than the maximum maturity permitted by the General Statutes of the State of Connecticut, Revision of 1958, as amended from time to time (the “Connecticut General Statutes”). Said bonds may be issued in one or more series as determined by the Mayor and the Director of Finance provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal and financing costs of issuance of such bonds. The bonds shall be in the denomination of $5,000 or a whole multiple thereof, be issued in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Mayor and the City Treasurer, bear the City seal or a facsimile thereof, be certified by a bank or trust company, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, Connecticut. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and interest thereon. The aggregate principal amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if any, the certifying, registrar and transfer agent and the paying agent, the date, time of issue and sale and other terms, details and particulars of such bonds including the rate or rates of interest shall be determined by the Mayor and the Director of Finance, in accordance with the Connecticut General Statutes. Section 3. The bonds of each series shall be sold by the Mayor in a competitive offering or by negotiation, in his discretion. If sold in a competitive offering, the bonds shall be sold at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds are sold by negotiation, the purchase agreement shall be approved and executed on behalf of the City by the Mayor, the City Treasurer and the Director of Finance. Section 4. The City Treasurer is authorized to make temporary borrowings in anticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowings shall be signed by the Mayor and the City Treasurer, have the seal of the City affixed, be payable at a bank or trust company designated by the City Treasurer, be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, Connecticut, and be certified by a bank or trust company designated by the City Treasurer pursuant to Section 7-373 of the Connecticut General Statutes. They shall be issued with maturity dates which comply with the provisions of the Connecticut General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of the bonds, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such notes then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 5. The appropriation may be expended with the approval of the Mayor and the Director of Finance to meet the actual cost of any of the Projects, and the balance of any of the estimated amounts not needed to meet the cost of any of the Projects, or the proceeds of any bonds not needed to meet the cost of the Projects, may be transferred by the Mayor and the Director of Finance to meet the actual cost of any other Project. Section 6. The Mayor is authorized in the name and on behalf of the City to apply for and accept any and all federal and State loans and/or grants-in-aid of the Project and is further authorized, in connection with the Project, to contract in the name of the City with engineers, contractors and others. Section 7. The City hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this ordinance in the maximum amount and for the capital projects defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Tax- Exempt Obligations”) authorized to be issued by the City. The Tax-Exempt Obligations shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize. The City hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Mayor or his designee is authorized to pay Project expenses in accordance herewith pending the issuance of Tax-Exempt Obligations. Section 8. The Director of Finance is hereby authorized, on behalf of the City, to enter into agreements or otherwise covenant for the benefit of bondholders to provide information on an annual or other periodic basis to the Municipal Securities Rulemaking Board (the “MSRB”) and to provide notices to the MSRB of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Any agreements or representations to provide information to the MSRB made prior hereto are hereby confirmed, ratified and approved. Section 9. The Director of Finance or his designee is hereby authorized, on behalf of the City, to enter into any other agreements, instruments, documents and certificates, including tax and investment agreements, for the consummation of the transactions contemplated by this ordinance. 2 PUBLIC HEARING Bond Issuances Thursday, August 15, 2024 Call To Order: Mr. P. Buzaid called the Public Hearing to order at 7:03 p.m. Pledge of Allegiance: Councilman Salvatore led the Pledge of Allegiance. Roll Call: COUNCIL MEMBERS PRESENT: Hawley, Rickert, Simone, Gartner, Salvatore, Peter Buzaid, Emile Buzaid, Coelho, Wallace-Smith, Dennis Perkins, Fox, Palma, Robinson, Britton, McAllister (arrived at 7:08pm), Duane Perkins, Chianese, Tomchik COUNCIL MEMBER ABSENT: LaPine, McAllister (arrived at 7:08pm), Rotello, Giordano PRESENT: 18, ABSENT: 3 ALSO PRESENT: Roberto Alves, Mayor; Taylor O’Brien, Chief of Staff, Mayor’s Office; Francesca Capodilupo, Government Affairs & Communications Advisor, Mayor’s Office; Farley Santos, Community Relations & Constituent Services Advisor, Mayor’s Office; Dan Casagrande, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; Glenn Santoro, Bond Counsel; Dan Garrick, Finance Director; Kara Prunty, Assistant Finance Director (Budgets & Grants); Joanne Stark, Assistant Finance Director (Operations); and Elisa Etcheto, Legislative Assistant. NOTICE: Council President P. Buzaid read the meeting notice and identified the items that are open for public comment: 1. AN ORDINANCE APPROPRIATING $3,000,000 FOR PUBLIC IMPROVEMENT PROJECTS. 2. AN ORDINANCE APPROPRIATING $49,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION, ENGINEERING, PURCHASE AND ACQUISITION OF LAND, VARIOUS PUBLIC IMPROVEMENTS, EQUIPMENT AND REPLACEMENTS. PUBLIC SPEAKERS: Item 1: No speakers Item 2: Cameron Coe, 8 Fairfield Court – Spoke for improvements but asked that a budget be presented and that the bonds return to the planning stage for more review. James Babcock, 26 Hollandale Rd. – Spoke in favor of the bonds for a new firehouse and discussed the need to keep firefighters and citizens safe. James Hines, 10 Beechwood Drive – Spoke on the time sensitivity of the bond and supports a new firehouse on the westside to improve public safety. Paul McAllister, 33 Mabel Ave – Discussed his concern with how quickly the bond is being presented and asked for more cost details for the new firehouse. Mark Miguel, 6 Rockwood Lane – Resident and firefighter who is concerned with the time it takes for emergency response to get to the westside of the City (10-12 minutes). He noted that waiting to move the bond forward is a safety issue. Mark Cammissa, 21 Aunt Hack Road – Spoke in support of the improvements but is concerned with the lack of details in the ordinance. He addressed the cost and the need to find the best location to avoid traffic on Mill Plain Rd. Warren Levy, 5 Pilgrim Drive – Agreed that a firehouse is needed on the westside but asked for more details on the plans for the new firehouse including size, firefighters, equipment. He also asked about the costs for the police and paving projects. Elvis Novas, 4 Stetson Place – Supports the bond and explained the need for the improvements. John White, 14 Samson Terrace – Spoke in support of the bond and discussed the growth on the city’s westside and the need for emergency services in that side of the city. He noted UL and NFPA studies that have identified the need of a firehouse on that side of the city. He identified long response times and the need for more staff. Pete Sciesinski, 49 Saddle Rock Rd. – As a former firefighter and Fire Chief, he explained his experience with a growing westside and temporary fixes for fire response needs on the westside. He discussed the new growth and emergency response needs today that require a new firehouse. He explained studies and insurance grading that have identified additional fire safety needs in that part of the city. Roberto Alves, Resident & Mayor, 7 West Redding Road – Spoke on the need to provide public safety to all residents. He noted that studies have identified the need of a westside firehouse for decades and that the timeline is following requirements for a referendum question on the Presidential election ballot (November 5). Joe Halas, Deputy Fire Chief – Spoke on behalf of Fire Chief Thode who is away at a conference. He discussed: plans for the new firehouse (Engine 27) to be as far west as possible, the need to have funds to negotiate land or property purchases, staffing for the new firehouse is already part of this budget and 11 new firefighters are already going through the hiring process, some existing equipment will be used with an addition $2.5million available for any needs, Engine 26 would continue to operate and serve the mall and airport which make up the most calls for service in that area. He noted that call volumes have gone up by 100% since 2022 and that firefighters are meeting minimum response time standards. He also spoke on the need to improve roads for safety vehicles to travel safely and to improve response times. Julie Milano, 1 Raymond Place – Supports the improvements to public safety but has questions about the other projects in the bond including; what roads are being picked and why, how will the paving and construction affect traffic and wants more details regarding the costs. A motion was made by Councilman Chianese, seconded by Councilman Duane Perkins, to close the public hearing. The motion carried unanimously. ADJOURNMENT A motion was made by Councilman Salvatore seconded by Councilman Duane Perkins, to adjourn. The motion carried unanimously. The meeting adjourned at 7:46p.m. Respectfully Submitted, Elisa Etcheto, Legislative Assistant. Attest: Peter Buzaid, City Council President COMMITTEE OF THE WHOLE Bond Issuances Thursday, August 15, 2024 Call To Order: Mr. P. Buzaid called the Public Hearing to order at 7:57 p.m. Roll Call: COUNCIL MEMBERS PRESENT: Hawley, Rickert, Simone, Gartner, Salvatore, Peter Buzaid, Emile Buzaid, Coelho, Wallace-Smith, Dennis Perkins, Fox, Palma, Robinson, Britton, McAllister, Duane Perkins, Chianese, Tomchik COUNCIL MEMBER ABSENT: LaPine, Rotello, Giordano PRESENT: 18, ABSENT: 3 ALSO PRESENT: Roberto Alves, Mayor; Taylor O’Brien, Chief of Staff, Mayor’s Office; Francesca Capodilupo, Government Affairs & Communications Advisor, Mayor’s Office; Farley Santos, Community Relations & Constituent Services Advisor, Mayor’s Office; Dan Casagrande, Corporation Counsel; Les Pinter, Deputy Corporation Counsel; Glenn Santoro, Bond Counsel, Robinson & Cole; Dan Garrick, Finance Director; Kara Prunty, Assistant Finance Director (Budgets & Grants); Joanne Stark, Assistant Finance Director (Operations); Antonio Iadarola, Public Works Director & City Engineer; and Elisa Etcheto, Legislative Assistant. NOTICE: Council President P. Buzaid read the meeting notice and identified the items that are being addressed: A. AN ORDINANCE APPROPRIATING $3,000,000 FOR PUBLIC IMPROVEMENT PROJECTS. B. AN ORDINANCE APPROPRIATING $49,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION, ENGINEERING, PURCHASE AND ACQUISITION OF LAND, VARIOUS PUBLIC IMPROVEMENTS, EQUIPMENT AND REPLACEMENTS. Item A: A motion was made by Councilwoman Gartner, seconded by Councilman Salvatore, to recommend to the City Council the adoption of the ordinance appropriating $3 million dollars for public improvements projects in the 2024-2025 capital budget; and authorizing the issuance of $3million in bonds of the City to meet said appropriation and pending issuance thereof making of temporary borrowings for such purposes. The motion carried unanimously. Councilman Chianese noted the state’s portion of the project reimbursement (64%), and asked if unused funds from the bond could be used for other projects. Mr. Santoro explained that the funds can only be used for the project identified in the bond. Bonds are only issued for the completed project and there should be no left over funds. Mr. Iadarola noted that the cost of the project is approximately $3M. Mr. Chianese further discussed the authorization of the full $3M and whether the Council could designate unused funds. Councilman Duane Perkins asked about energy efficiency requirements. Mr. Iadarola noted that due to state reimbursement there are regulations that will need to be followed. Councilwoman Robinson asked for additional clarification on the cost of the project and state reimbursements. Mr. Santoro confirmed that bonds are issued when the project is complete and a final cost is determined. Mr. Garrick clarified the amounts that would be bonded. Mr. Iadarola provided an overview of the project need for Councilman Coelho. The noted; the roof is about 18 years old with damage from solar panels that caused leaks on the flat part of the roof, he confirmed that the project does qualify for state reimbursement; he identified the timeline and expects a complete project by the end of the summer 2025; he confirmed a 20 year warranty on the existing roof; he confirmed that if costs permit the sloped areas of the roof will also be replaced; he confirmed that the existing solar panels will be removed and disposed of and new ones will not be installed; he expects a metal roof to be installed but noted market costs are still fluctuating. Councilman Coelho also discussed the benefits of metal roofs and warranties. Councilman Salvatore asked Mr. Iadarola to clarify the levels of reimbursement; Mr. Iadarola confirmed that in most cases the state only reimburses 15-20% and that the 64% reimbursement in this case will save the city nearly $500,000. Councilman Britton asked Mr. Iadarola about the urgency for replacing the roof and Councilman Emile Buzaid asked about the sq. footage of the existing roof; Mr. Iadarola confirmed that the need is significant due to water settling and creating mold, he did not have the sq. footage on hand. Councilman Coelho asked about contingencies for damage that is found after the roof is taken off; Mr. Iadarola explained that a through review will take place to evaluate any unexpected damage and that there is a construction contingency. Item B: Main Motion: A motion was made by Councilman Salvatore, seconded by Councilman Chianese, to recommend to the City Council the adoption of an ordinance appropriating $49 million dollars for the planning, design, construction, engineering, purchase and acquisition of land, various public improvements, equipment and replacements, authorizing the issuance of $49 million in bonds of the City to meet said appropriation and pending issuance thereof the making of temporary borrowings for such purposes. The motion carried unanimously. Councilman Fox asked for a Roll Call Vote. Councilwoman Robinson asked if Bond Counsel drafted the bond ordinance. Mr. Santoro confirmed that his Firm, Robinson & Cole did draft the ordinance and it is sufficient to move forward. He explained that the amount is up to $49 million and that the City will only issue the bonds that it needs. Mr. Chianese asked about the allocation of the funds; Mr. Garrick identified debt service on page 314 of the budget book and explained the bond process. Councilman Chianese asked for the costs of the projects identified in the bond. Mayor Alves explained that the projects have estimated costs that will depend on construction costs and market values. He identified $18-22 million to purchase land and build the new firehouse. He noted that the firehouse needs to be built. Councilman Chianese discussed the route that Engine 26 has to take to get to The Reserve and the long response times, he identified the ward at the fastest growing area of the city, and asked the Council to act quickly on this need. Councilman Emile Buzaid said that he supports the enhancement of emergency services on the westside, however he expressed his concern with the process, the lack of project details and specific costs. He expressed potential concerns with voters noting voting for the bond due to the lack of information. Fire Deputy Halas reiterated the details of the firehouse project. Councilman McAllister asked about reports and the need for more staff and project details; Mr. Halas noted that multiple structures may be needed if the property houses more than just the firehouse and repurposing an existing structure is an option as long as the needs are met. Councilwoman Robinson agreed that the bond needs to be voted on by as many voters as possible which would be the November election, she discussed the need for Council approval for the projects as they are solidified. She noted the need to trust department heads and the Mayor to address projects that need to be completed. Councilman Tomchik discussed his support of the bond and asked Mr. Halas to speak on gate access to The Reserve; Mr. Halas confirmed that it is not functioning and that it would not decrease response time. He confirmed that fire department leaders do have a plan however, they can not negotiate or move forward without designated funds. Mr. Iadarola explained that 46 miles of road have been ranked and prioritized for paving and repairs based on calls and safety, he noted that public works needs were part of the fiscal budget request but were not funded. Councilman Rickert identified a study in 1981 that had at that time identified a need on the westside for more public safety, and explained that it clearly has not been rushed. He discussed fire response concerns and paving needs, and he noted his support of the bond. Councilman Fox asked about operating costs of a new firehouse; Mr. Garrick discussed the bond’s affect on debt services, and Mayor Alves clarified that staffing of the new firehouse is already included in the current fiscal budget and spoke on details of the project including location, size and an 8-10 minute decrease to response times. He spoke on updates that are needed to the Police’s CCTV system that will last the next 20 years, he discussed the plan to pave 15 miles of road per year with these funds, and reiterated that the intent is to get the bond to as many voters as possible. Councilman Fox spoke on the need to share the details of these projects with the public in a workshop format. Councilman Simone spoke on the need for the public and Council to rely on the department heads to do their jobs and provide the best results with these funds. Councilman Salvatore spoke on his experience as a volunteer firefighter and the need for more emergency services on the growing westside as well as the CCTV and paving projects. He asked Mayor Alves for an overview of the projects. Mayor Alves identified the firehouse as the first priority, followed by the CCTV updates. He explained that the paving project was estimated based on yearly costs and needs. Councilman Salvatore asked Mr. Iadarola to discuss drainage needs that will be funded in the bond, he identified $8 million in drainage emergency needs. Councilman Palma agreed that there is a need for these projects but asked for more details especially regarding the costs of the projects. Councilman Emile Buzaid asked for confirmation that a firehouse can be built for $20- 25 Million; Mayor Alves clarified the estimates: $16-22 Million for the Firehouse project (including an apparatus); $8 Million in drainage needs will be prioritized, this bond will not cover all $8M; and 15 miles of roads to be paved per year. Councilman Fox noted that roads are constantly needing to be paved due to the size of the city. Councilman Coelho confirmed his support of the city’s public safety personnel and needs, however he does have concerns with how the projects and the costs are being presented, he asked for more details for each project. He noted the Council’s fiduciary responsibility and that all the City’s needs are being addressed. He asked Mr. Iadarola for a timeline of the firehouse project; Mr. Iadarola explained that it depends on if a existing facility is being outfitted or if it is being built from scratch. Councilman Coelho discussed the long-discussed need for a new Fire Headquarters and asked about the needs identified in the 2022 report; Mr. Halas confirmed a new fire headquarters has been discussed for a long time and that there are HVAC needs that should be addressed. Councilman Rickert reiterated the importance of the projects and that the Council needs to decide if the voters will have a chance to vote on the bond, and that the Council will need to help inform the public. Councilman Palma asked for more details so that he can support the bond and encourage others to support it. Councilman Emile Buzaid asked again for confirmation that a firehouse can be provided for $20-25 Million; Mayor Alves confirmed and explained how they arrived at the estimate. He noted that a new Fire Headquarters is needed but that would have cost $60 to $100 Million and that that project has been delayed due to delayed audits. Councilman Coelho reiterated that he has to explain the bond to the voters and suggested that the projects be divided into separate questions/bonds. Councilwoman Robinson reiterated that the bond allows for the City to borrow up to $49 Million and that the Council will need to approve all spending; she asked that the Council move forward with the question. A motion was made by Councilman Fox, seconded by Councilman Emile Buzaid, to Move the Question. Motion carried. Yes – 16, No – 2 (Chianese and Duane Perkins). Councilman Duane Perkins asked for a Roll Call Vote. Return to the Main Motion. A motion was made by Councilman Chianese, seconded by Councilman Duane Perkins, to adjourn the meeting. Motion carried unanimously. The meeting adjourned at 9:45 p.m. Respectfully Submitted, Elisa Etcheto, Legislative Assistant. Page 14 ORDINANCE CITY OF DANBURY, STATE OF CONNECTICUT CITY COUNCIL 2024 Be it ordained by the City Council of the City of Danbury: AN ORDINANCE APPROPRIATING $49,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION, ENGINEERING, PURCHASE AND ACQUISITION OF LAND, VARIOUS PUBLIC IMPROVEMENTS, EQUIPMENT AND REPLACEMENTS AND AUTHORIZING THE ISSUANCE OF $49,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE. RESOLVED: Section 1. The sum of $49,000,000 is appropriated for the planning, investigation, design, construction, engineering, purchase and acquisition of land, various public improvements, equipment and replacements as set forth below, all as may be more fully set forth in the City of Danbury Multi-Year Capital Improvement Plan and the City of Danbury’s annual adopted budget for the fiscal year then ending, including administrative, financing, printing, legal and costs of issuance related thereto but exclusive of any and all State and Federal grants-in-aid thereof (collectively, the “Project”): A. Public Safety, Fire The Development of a new Fire Station located on the Western side of the City of Danbury as recommended in a report prepared by ESCI (Emergency Services Consulting International) dated March, 2022, as may be amended from time to time, and final location as determined/recommended by the Fire Department to enhance and improve response time to Public Safety related needs. The City shall, subject to City of Danbury Council approval, develop a new fire station by (i) the acquisition of land and construction of one or more new building structures; or the acquisition of land and the rehabilitation and renovation of existing structure(s) to be used as a fire station, including without limitation, renovations, improvements, upgrades and site improvements; and (ii) the installation of building systems, site improvements, furnishings, equipment, turn out gear, supplies and rolling apparatus, all to support the use of a fully operational fire station. B. Public Safety, Police The replacement and upgrade of the Closed Circuit TV (CCTV) camera and recording system at the Danbury Police Headquarters; including without limitation, the acquisition and installation of cameras and storage system for the Danbury Police Department. C. Public Works The implementation of a City-Wide Road Reconstruction Program within the City right of way, including without limitation, the rebuilding, paving, drainage remediation, drainage easement acquisition, cross culvert repair and replacement, curbing, guardrail, resurfacing, lighting, installation/repair of irrigation systems, thoroughfare beautification and other repairs related to City streets, parking lots and other easement areas to include and not be limited to ADA improvements and sidewalks and curbing installation and repair/replacement, milling, paving, reclamation, pavement restoration, line stripping, traffic control devices, apparatus and cost of manual traffic control. The implementation of Public Works Equipment and Vehicle Replacement program, including without limitation, the replacement or acquisition of new and used construction equipment and vehicles, fit out of equipment/vehicles and capital repairs, and improvements or upgrades leading to the extension of the useful life of such Public Works equipment and vehicles. The implementation of a City-Wide Drainage installation, repair, and replacement program within the City right of way and related easements including without limitations, the surveying, design, investigation of the acquisition of easements, and construction of improvement projects, as determined by the City Engineer/Public Works Director, to remediate flooding and the deterioration of public and private property due to poor or missing drainage infrastructure. Section 2. To meet said appropriation, $49,000,000 bonds of the City or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the maximum maturity permitted by the General Statutes of Connecticut, Revision of 1958, as amended from time to time (the “Connecticut General Statutes”). Said bonds may be issued in one or more series as determined by the Mayor and the Director of Finance and the amount of bonds of each series to be issued shall be fixed by the Mayor and the Director of Finance in the amount necessary to meet the City's share of the cost of the Project determined after considering, as applicable the estimated amount of State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the costs of issuance of such bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Mayor and the City Treasurer, bear the City seal or a facsimile thereof, be certified by a bank or trust company, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, Connecticut. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and interest thereon. The aggregate principal amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if any, the registrar, certifying agent, transfer agent, and paying agent, the date, time of issue and sale and other terms, details and particulars of such bonds, including the approval of the rate or rates of interest, shall be determined by the Mayor and the Director of Finance, in accordance with the Connecticut General Statutes. Section 3. The bonds shall be sold by the Mayor in a competitive offering or by negotiation, in his discretion. If sold in a competitive offering, the bonds shall be sold at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds are sold by negotiation, provisions of the purchase agreement shall be approved by the Mayor, the City Treasurer, and the Director of Finance. Section 4. The City Treasurer is authorized to make temporary borrowings in anticipation of the receipt of the proceeds of said bonds. Notes evidencing such borrowings shall be signed by the Mayor and the City Treasurer, have the seal of the City affixed, be payable at a bank or trust company designated by the Mayor, be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, Connecticut, and be certified by a bank or trust company designated by the City Treasurer pursuant to Section 7-373 of the Connecticut General Statutes. The notes shall be issued with maturity dates which comply with the provisions of the Connecticut General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of the bonds, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such notes then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 5. The City hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and any time after the date of passage of this ordinance in the maximum amount and for the Project with the proceeds of bonds, bond anticipation notes, or other obligations (“Tax-Exempt Obligations”) authorized to be issued by the City. The Tax-Exempt Obligations shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize. The City hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Mayor or his designee is authorized to pay expenses of the Project in accordance herewith pending the issuance of Tax-Exempt Obligations, and to amend this declaration. Section 6. The Director of Finance is hereby authorized, on behalf of the City, to enter into agreements or otherwise covenant for the benefit of bondholders to provide information on an annual or other periodic basis to the Municipal Securities Rulemaking Board (the “MSRB”) and to provide notices to the MSRB of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2- 12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Any agreements or representations to provide information to the MSRB made prior hereto are hereby confirmed, ratified and approved. Section 7. The Mayor and the Director of Finance, or either of them, are hereby authorized, in the name and on behalf of the City, to enter into any other agreements, instruments, documents and certificates, including tax and investment agreements, for the consummation of the transactions contemplated by this ordinance. Section 8. This ordinance shall become effective upon its approval at a Special City Meeting called by the Mayor for such purpose held in conjunction with the general election, pursuant to the Charter of the City of Danbury. RESOLUTION CITY OF DANBURY, STATE OF CONNECTICUT 2024 RESOLVED BY THE CITY COUNCIL OF THE CITY OF DANBURY RESOLUTION PROVIDING FOR SPECIAL CITY MEETING RESOLVED: That the ordinance entitled “An Ordinance Appropriating $49,000,000 for the Planning, Design, Construction, Engineering, Purchase and Acquisition of Land, Various Public Improvements, Equipment and Replacements and Authorizing the Issuance of $49,000,000 Bonds of the City to Meet Said Appropriation and Pending the Issuance Thereof The Making of Temporary Borrowings For Such Purpose”, adopted by the Council on August 26, 2024 be submitted for approval or disapproval at a Special City Meeting to be called by the Mayor pursuant to Section 7-10(a) of the City Charter and held in conjunction with the general election on November 5, 2024, between the hours of 6:00 o’clock A.M. and 8:00 o’clock P.M (E.T.), that the warning of said meeting states the question to be voted on as follows: ( I) Shall the ordinance entitled “An Ordinance Appropriating $49,000,000 for the Planning, Design, Construction, Engineering, Purchase And Acquisition of Land, Various Public Improvements, Equipment And Replacements And Authorizing the Issuance of $49.000,000 Bonds Of The City to Meet Said Appropriation and Pending The Issuance Thereof The Making of Temporary Borrowings For Such Purpose”, adopted by the City Council at its meeting held August 26, 2024, be approved? The ballot label for said question shall read as follows: Shall the $49,000,000 appropriation and bond authorization for the planning, design, construction, engineering, purchase and acquisition of Land, various public improvements, equipment and replacements be approved? YES ______ NO ______ The Warning shall also state that the full text of the aforesaid ordinance is on file, open to public inspection, in the Office of the Town Clerk, that the vote on the aforesaid bond ordinance is taken under the authority of section 7-10(a) of the Charter of the City of Danbury and Chapter 152 of the Connecticut General Statues, as amended, and that the absentee ballots will be made available in accordance with law in the Office of the Town Clerk.

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