City Council

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 AD HOC MEETING NOTICE Who: City Council – Ad Hoc Committee When: 6:30P.M. – Monday, October 28, 2024 Where: 3C, 3rd Floor City Hall, 155 Deer Hill Avenue Purpose: Purchase of Taylor Farm Properties (Meeting #2) *Agenda Item on file in the Legislative Assistant’s Office and on the City website. Committee Members, Department Representatives & Petitioners: Frank Salvatore, Chair Diane LaPine, Council Elmer Palma, Council Corporation Counsel Representative Dan Garrick, Director of Finance Donna Murphy, Tax Assessor Waleed Albakry, Director of Planning Mayor’s Office Representative Don Taylor, Property Owner & Petitioner Posted: Town Clerk Information Board City Website Calendar Noticed: Don Taylor, Property Owner & Petitioner  CITY OF DANBURY 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 PLANNING COMMISSION (203) 797-4525 www.danbury-ct.gov (203) 797-4586 (FAX) August 26, 2024 To: Mayor Roberto Alves Members of City Council From: Planning Commission Re 8-24 Referral - Additional Item #2: Purchase of Taylor Farm Properties, Inclusion of Additional Properties. The Planning Commission has received a request from the City Council for a report pursuant to CT General Statutes/Sec. 8-24, regarding the above-referenced item. At the August 21, 2024 meeting, the Planning Commission voted to give this a positive recommendation because the positive recommendation made in May 2024 by this Commission did not include these three properties. Additionally, acquisition of the Taylor Farm properties will further the City’s Land Use, Environmental Resource Goals, Strategies, and Actions identified in the Plan of Conservation & Development. The motion was made by Mr. Salvagne, seconded by Mrs. Hoffstaetter, and passed unanimously by voice vote with four ayes (from Mr. Chiocchio, Mrs. Hoffstaetter, Mr. Salvagne, and Chairman Finaldi). Arnold E. Finaldi Jr., Chairman AEF/jr c: Engineering Department Corporation Counsel  ~AD HOC REPORT~ Purchase of Taylor Farm Properties (Meeting #1) Wednesday, May 22, 2024 Chair Frank Salvatore called the meeting to order at 6:49 p.m. on Wednesday, May 22, 2024. Present was Committee Member Diane LaPine; Absent was Committee Member Elmer Palma. From the City were; Rick Gottschalk, Outside Counsel; Les Pinter, Deputy Corporation Counsel; Roberto Alves, Mayor; Taylor O’Brien, Chief of Staff, Mayor’s Office; Dan Garrick, Director of Finance; Terrence Duffy, Assistant Tax Assessor; Jennifer Emminger, Acting Director of Planning; Don Taylor, Petitioner. Also present; Ex Officio Members Barry Rickert, William McAllister, Peter Buzaid, Mike Coelho, Ben Chianese, Ryan Hawley, Joe Britton; from the City was; Elisa Etcheto, Legislative Assistant. From the public were four unidentified individuals. Chair Salvatore noted the need for multiple meetings of this ad hoc as more information is reviewed and becomes available; he asked Corporation Counsel for an overview of the request. Mr. Gottschalk discussed an agreement from 2008 that entered the City into a contract of sale, and conveyance of development rights, for 8 parcels of property owned by Don Taylor. The conveyance agreement limited any future use of the property for agriculture or farming only. It also gave the City first right to purchase the parcels if the Taylor Family ever decided to sell the property. A process of appraisal was established at that time. Mr. Gottschalk explained that in March Mr. Taylor notified the City of his intent to sell. A 90 day period was provided to the City to evaluate interest in purchasing the property and to obtain an appraisal. Due to the work involved with obtaining an appraisal for multiple properties, the City asked for an additional 90 days which would bring the new deadline to October. Mr. Gottschalk confirmed that a draft appraisal was received today but noted that the appraisal requires extensive review before being presented. Ms. Emminger confirmed that a Planning Commission Report was provided with a positive recommendation. Mr. Garrick confirmed that funds are available from the SNAPP Bond to purchase the properties if the City decides to do so. Member LaPine asked about taxes on the properties; Mr. Taylor explained that all the farm land is in a 490 classification (protected farmland), and 4 houses on the property that the family pays full taxes on. Mr. Duffy confirmed that taxes on farm land is significantly less and is accessed at a rate that is set by the state. Mr. Taylor stated that there is about 25 acres of farmland, and identified property access and right of ways to the estimated 49 total acres. Mr. Gottschalk confirmed that any future property owners will be bound by the same conditions in the agreement. He noted one exception which allows the City, if it purchases the properties, to use the land for any municipal/public purpose. Member LaPine asked about long-term leases that exist on the homes on the properties, Mr. Taylor explained that renters have verbal agreements and there are no long-term renter agreements. Member LaPine asked about stipulations regarding resale of the property by the City. Mr. Gottschalk further discussed the agreement’s intent to make any sale liable to follow the covenant, noting that the agreement was carefully crafted to also address this concern. Mr. Chianese discussed his support for the City’s consideration of purchasing the properties. Mr. Gottschalk specified the sale price to the City as 50% of the remaining value of the properties, or the fair market value of the properties (without the development rights) divided by two. He clarified that the development rights were already purchased by the City in 2008. He further explained that the appraiser was asked to evaluate the remaining rights on the property. Mr. Chianese asked whether the purchase is As Is, and if the City had the option of purchasing only some of the properties. Mr. Gottschalk confirmed that the purchase would mean taking on the properties and buildings as they exist, and that the City is required to buy all the properties. Mayor Alves confirmed his intent to not resell the properties, and his commitment to keeping the land for open space and agriculture. Mr. Coelho suggested the land could also be used for a community garden and educational initiatives. He also discussed the possibility of keeping the leasers on the property to continue farming. Mr. Taylor discussed the need to keep the legacy of farming in the community while still allowing the City to use the property as it deems necessary. A motion was made by Member LaPine, and seconded by Chair Salvatore, to continue this ad hoc subject to (availability/completion) of the following: an Evaluation, Title Review, Use Concept, Financials and a Resolution; or subject to the call of the Chair. The motion carried. A motion was made by Member LaPine, and seconded by Chair Salvatore, to adjourn. The motion carried. The meeting adjourned at 7:21 p.m. Respectfully submitted; Frank Salvatore, Chair and Diane LaPine.