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City Council

Regular Meeting

Danbury, CT · September 30, 2025

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Minutes

~AD HOC REPORT~ CT City and Town Development Act (Meeting #1) Tuesday, September 30, 2025 Chair Holly Robinson called the meeting to order at 7:01p.m, on Tuesday, September 30, 2025. Present were Committee Members Ryan Hawley and Emile Buzaid. From the City were Tracey Norris, Assistant Corporation Counsel; Glen Santoro, Bond Counsel; Taylor O'Brien, Chief of Staff, Mayor's Office; Dan Garrick, Finance Director; Joanne Sterk, Assistant Finance Director. Ex Officio present were Peter Buzaid, Frank Salvatore, Ben Chianese, Duane Perkins, Paul Rotello, Elmer Palma, Andrea Gartner, Michael Coelho and Lou Giordano. From the public were Mike Flanagan, Tom Brown, Rob Melillo, Warren Levy, Paul McAllister, Ken Gucker, Al Robinson, and three representatives from Danbury Proton (Stephen Courtney, Joseph Piscitell and Drew Crandall). Chair Robinson clarified the purpose of the ad hoc; should the City Council enact the City and Town Development Act. Ms. O’Brien provided an overview of the Mayor’s intent for presenting this Act to the Council; she noted job growth, business development, and a way to minimize unemployment. Mr. Santoro identified eight items in the resolution, and explained that there is a need to determine if those eight items apply to the City. He noted that if the Act is approved it will allow for a bond resolution to be presented to the Council for review. He explained that the Act preempts the City Charter, allowing the city to adopt and issue bonds in excess of $3M without going to a referendum. Mr. Santoro read the eight items for the record. Chair Robinson asked for an overview of a bond issuance through the Act, using the City as a conduit; Mr. Santoro explained that if the Act is approved, the Council will receive a bond resolution, if that bond resolution is approved by the Council, the City would issue the bonds and loan the bond proceeds to the borrower; he noted that the city has no obligation or liability and the bond is repaid through revenue, security interests and mortgages granted under the project. He explained that this is not a G.O. (General Obligation) Bond and has no impact on the City’s bond rating. Member E. Buzaid asked about unemployment rate requirements; Mr. Santoro confirmed there is no rate requirement in this Act. Member E. Buzaid spoke on the term “distressed”; Ms. O’Brien noted that unemployment rates fluctuate but the goal is to have the rate at 0%. Mr. Santoro explained that Item Two is intended to address any amount of blight; Member E. Buzaid spoke on the purpose of the Act when it was adopted in the 1970’s, and expressed concerns with the removal of referendums and public hearings from the bond process. He urged that this Act be reviewed thoroughly to really understand it. He asked who would decide who could take advantage of the benefits in the Act; Mr. Santoro confirmed that the Council would need to approve all projects. Chair Robinson stated that other municipalities who have adopted this Act have specific parameters regarding who can use this Act which could include; an agreement for the conduit bonding, IRS requirements, and a review of the project’s public benefit. She discussed the process for all projects being presented to the Council; which would include an Ad Hoc and a Public Hearing before a final vote by the Council. Member Hawley noted that housing and underemployment is an issue in our community; Mr. Santoro confirmed that any number of unemployment qualifies. Member Hawley sited additional examples of the eight items that exist in the City of Danbury. Chair Robinson asked about the opportunity for establishing parameters or guidelines for projects, Ms. O’Brien stated that projects would be vetted internally before being presented to the Council. Member E. Buzaid noted that the City’s current unemployment rate is 1.7% and specified the type of blight that this Act intends to address. Member E. Buzaid asked if this would be only available to non-profits; Mr. Santoro said that this Act applies to projects by any entity. Member E. Buzaid highlighted language that allows for up to a twenty-year tax abatement/deferral; he asked for clarification on who would determine if this is a project the city should consider for this program; Mr. Santoro stated that an underwriter would evaluate the project and buyers of the bonds would decide if the project is viable. Member E. Buzaid noted his concerns with language in the Act and the impact it will have on the City’s reputation, and asked about the impact this Act has had on real estate values in the municipalities who have enacted it. Chair Robinson asked for examples of how this Act has been used in other cities. Chair Robinson suggested that this Act only be used by non-profits, and for projects that provide a public benefit, in a location that needs an additional incentive for development. Chair Robinson asked Mr. Garrick about the financial impact on the City’s finances; Mr. Garrick confirmed that this would not be a liability on the City. Chair Robinson asked about default of the loan; Mr. Santoro stated that the bond purchasers would look to revenue and assets from the project a default happens. Mr. Rotello discussed concerns with the fall-out of a defunct project, and the potential for bond holders who would now own the property/facility to do whatever they want with it. He expressed concerns with funding projects that have not be funded by other financiers. He asked if a referendum requirement can be reimplemented in the resolution so that the decisions are not being made by a council or mayor, and so that the voters can still have a say; Mr. Santoro confirmed the City can put the bond back to a referendum; and that the bond holders can foreclose on the property and sell it to another user for any purpose that are allowed by zoning regulations. Mr. Rotello is concerned that the proposed project is in an industrial zone which includes residential areas. Mr. Chianese spoke on the need to include this type of bond in the City’s financial statements; he expressed concerns with the intent of the Act, specifically language in Sec. 482, Item K in the full Act: the term “ameliorating”; he discussed the use of an outdated Act to fulfill a current need. He spoke on the City’s good standing with regards to unemployment and its strong grand list. Mr. Chianese asked for clarification on who can receive bond funding through this Act; Mr. Santoro reiterated any entity can receive the funding if approved by the Council; Mr. Chianese asked if the city itself could request funds through this Act (without a referendum); Mr. Santoro spoke on the different types of bonds that the municipality would use, and that this Act would not apply to municipalities. Mr. Chianese asked about adding specific types of projects to the language in the resolution; Mr. Santoro stated that selecting projects would be done by the Council after the Act is enacted; he spoke on the need to be cautious with adding language to the resolution which could conflict with the Act. Ms. O’Brien reiterated the intent of presenting the Act; to make the City better through innovative approaches. Mr. Coelho asked if other municipalities who enacted the Act had a bond rating as high as Danbury does; Mr. Santoro said he did not believe so. Mr. Coelho discussed his concerns with bonds not going to a referendum; Mr. Santoro confirmed a referendum is discretionary. Chair Robinson noted that the current Charter does not allow the City to act as a conduit for a project to be built in an underutilized area; Mr. Santoro confirmed, and explained that the Act would allow the municipality to do things that the City could not otherwise do, or notwithstanding the Charter. Chair Robinson asked if this would be the time to add requirements to the resolution so that parameters are already established for future projects, without contradicting the Act; Mr. Santoro explained that every project must go back to the Council, and when the project is presented to the Council parameters can be applied. Mr. Santoro confirmed that the Act can be terminated at any time before the five years indicated in the resolution. Mr. Coelho and Chair Robinson asked that the language regarding a referendum be placed in the resolution. Mr. Santoro suggested that the Act itself be sent to a referendum so that the public can decide if they want to implement the Act; if passed, each project would then not need to be presented for its own referendum. Mr. Palma urged that the Act be further evaluated; he spoke on the need to have clear answers to everyone’s questions. He expressed concerns with loaning out the City/people’s money, and with acting as a bank. He urged that the voters decide if they want to do this through a referendum. He also noted the need to evaluate unemployment in the field that any project is focused in. Ms. Gartner explained that definitions are determined by the funding source; and asked about possible concerns that could come up if this Act is adopted; Mr. Santoro spoke on the need for a project to be vetted; he reiterated that the purchasers of bonds would look into the validity of the project. Chair Robinson asked that applicants be required to pay for any costs that are inquired; Mr. Santoro confirmed that that is in the Loan Agreement. Mr. Duane Perkins asked how lending money can be done without acquiring any risk; he asked for a list of risk vs. exposure. Mr. Salvatore asked if unemployment rates used in other statutes can be used for this Act; Mr. Santoro confirmed it cannot because the City must acknowledge all eight items. Mr. Salvatore asked if a referendum for a bond is currently required due to the taxpayers’ monies that are on the line; Mr. Santoro confirmed the City’s taxpayer dollars are not in jeopardy with bonds from this Act. Chair Robinson asked for the following; how do items one through eight apply to the City, examples would be helpful; the possibility of language regarding the inclusion of a referendum requirement to adopt the Act and for each future project, or just the requirement of a referendum for each future project; a list of projects in other municipalities; and a list of any unsuccessful projects. Mr. Palma spoke on the need to be able to amend the resolution. Mr. Rotello asked for further clarification regarding what the City adds to the bond process for this type of bond. Mr. Coelho asked for a pledge of revenue. A motion was made by Member Emile Buzaid, seconded by Chair Robinson, to continue this ad hoc at the call of the Chair. Yes – 2, No – 1 (Hawley). Motion carried. Member Emile Buzaid asked about the appearance of the City’s endorsement of a project based on its agreement to be a conduit of funds for a project; he asked for examples of unintended consequences in other municipalities. Member Hawley explained that he does not support continuing the ad hoc because he feels that all the items in the resolution have been met, and that the unanswered questions are relevant to the bond resolution to be presented in phase two of the process. Chair Robinson clarified that the continuation is to allow for Corporation Counsel, Bond Counsel and the Mayor’s Office to gather additional information to provide at the next meeting. The meeting adjourned at 8:46p.m. Respectfully submitted; Holly Robinson, Chair Ryan Hawley Emile Buzaid

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 MEETING NOTICE Who: City Council – Ad Hoc Committee When: 7P.M. – Tuesday, Sept. 30, 2025 Where: 3C, 3rd Floor City Hall, 155 Deer Hill Avenue Purpose: CT City and Town Development Act *Agenda Item on file in the Legislative Assistant’s Office and on the City website (September 15, 2025). Committee Members, Department Representatives & Petitioners: Holly Robinson, Chair Ryan Hawley, Council E. Buzaid Council Corporation Counsel Dan Garrick, Director of Finance Mayor’s Office Posted: Town Clerk Information Board City Website Calendar Noticed: Kara Prunty, Assistant Finance Director Joanne Sterk, Assistant Finance Director Robinson & Cole, LLP (Bond Counsel) Danbury Proton CITY OF DANBURY OFFICE OF THE MAYOR 155 DEER HILL AVENUE DANBURY, CONNECTICUT 06810 ROBERTO L. ALVES (203) 797-4511 MAYOR mayor@danbury-ct.gov September 1, 2025 Hon. Members of City Council 155 Deer Hill Avenue Danbury, CT 06810 Re: Danbury Proton Honorable Members of the City Council, For your consideration is a proposed resolution that would allow Danbury the power to undertake programs and support projects that revitalize the City, including through the issuance of bonds and notes. If adopted, immediately to follow, a proposed resolution will be presented to you that would then authorize the City of Danbury to be the conduit issuer of bonds on behalf of the non-profit Danbury Proton Therapy Center Project. The City would not be subject to repayment or liability on the bonds, but our partnership would allow for the development and operation of a revolutionary, life-saving cancer treatment center to open in Danbury. Please do not hesitate to contact us with any questions. Sincerely, Roberto L. Alves Mayor Cc: Daniel E. Casagrande, Corporation Counsel Dan Garrick, Director of Finance RESOLUTION CITY OF DANBURY, STATE OF CONNECTICUT 2025 ADOPTING THE CONNECTICUT CITY AND TOWN DEVELOPMENT ACT AND AUTHORIZING THE CITY OF DANBURY TO UNDERTAKE PROGRAMS AND PROJECTS AUTHORIZED UNDER SAID ACT. WHEREAS, Chapter 114 of the General Statutes of Connecticut, Sections 7-480 to 7-503, inclusive, as amended from time to time (the “Act”), provides that municipalities which have found and determined that conditions substantially as described in Section 7-481 of the Act exist in the municipality, are continuing, and may be ameliorated by the exercise by the municipality of the powers granted under the Act, may adopt the Act; and WHEREAS, in order to exercise the powers conferred upon municipalities under the Act for a period which may not exceed five years, the legislative body of a municipality must determine by resolution that conditions substantially as described in Section 7-481 of the Act exist, and such resolution must include certain findings and determinations and standards as required under Section 7-485 of the Act for implementation of the powers granted under the Act; and WHEREAS, any action taken in the exercise of any powers granted under the Act by a municipality may only be taken after approval of such action by the legislative body of such municipality, which approval must be by resolution adopted in accordance with the Act; and WHEREAS, pursuant to the Act, a municipality shall have the power to issue its notes and bonds for achieving the purposes of the Act, including the making of mortgage loans and loans to sponsors, the acquisition of development property, the establishment of reserves to secure such notes and bonds, interest on such notes and bonds during construction and for one year thereafter, and the payment of expenses incident to or necessary for furtherance of the purposes of the Act; and WHEREAS, the City of Danbury, Connecticut (the “City”) considers any level of unemployment unreasonable and any obsolete residential, industrial, commercial and manufacturing facilities unacceptable, and continually seeks innovative approaches to attracting jobs to the City, constructing and holding residential, non-residential, industrial, commercial and manufacturing facilities, and eliminating vacant facilities which are a blighting influence; and WHEREAS, the ordinary operations of private enterprise cannot deal effectively with these problems without the powers provided under the Act, and the exercise of the powers conferred upon the City by the Act are critical to revitalizing the City; and WHEREAS, the members of the City Council have general knowledge of the conditions within the City relating to the rate of unemployment, the obsolescence of many of the City’s residential, commercial, industrial and manufacturing facilities and the need for the City to retain and attract new residential, commercial, industrial and manufacturing facilities; and WHEREAS, the City continues local efforts to address the needs of its citizens as stated above by reducing blight, increasing the tax base and creating opportunities for employment; and WHEREAS, the City Council is generally aware of the requirements imposed upon municipalities by the Act; and WHEREAS, it is in the interest of the City to implement the provisions of the Act as soon as possible in order to take advantage of the provisions of the Act. NOW, THEREFORE, BE IT HEREBY RESOLVED: That the City Council hereby makes the following findings and determinations and the following standards for the implementation of the powers granted under the Act: (1) it is unreasonable that any number of residents of the City are subject to hardship in finding employment and adequate, safe and sanitary housing; (2) any conditions of blight and deterioration that exist in the City must be addressed and the City would substantially benefit from the renovation, rehabilitation or construction of commercial or residential properties; (3) private enterprise is not meeting such need for employment, housing, the reduction of blight and deterioration, or the renovation, rehabilitation or construction of commercial or residential properties; (4) the need for employment and adequate, safe and sanitary housing will be lessened and the City will be revitalized by the exercise of the powers granted under the Act; (5) adequate provisions shall be made for the payment of the cost of acquisition, construction, operation, maintenance and insurance of all development property; (6) a feasible method exists and shall be utilized for the relocation into safe and sanitary dwellings of comparable rent of families and individuals displaced as a consequence of the exercise of any power granted under the Act and such families and individuals shall not suffer disproportionate injuries as a result of actions authorized by the Act for the public benefit; (7) development property shall not be acquired or disposed of without due consideration of the environmental and economic impact of such acquisition or disposition and the adequacy of existing or proposed municipal services; and (8) the acquisition or disposition of all development property shall advance the public interest, general health, safety and welfare, and development, growth and prosperity of the City. RESOLVED: That anything contained in this Resolution to the contrary notwithstanding, it is the intention of this City Council that by adopting this Resolution it is conferring upon the City all of the authority, powers, rights and obligations conferred upon municipalities under the provisions of the Act, and that the City will have sufficiently complied with the Act so as to be able to exercise all of the powers conferred upon municipalities under the Act in accordance with said Act. RESOLVED: That the City Council hereby adopts this Resolution and the Act. RESOLVED: That the effective date of this Resolution shall be the date of its adoption by the City Council, and this Resolution shall be effective for a period of five years from such effective date.

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