City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 A regular meeting of the Council of the City of Norwich was held June 7, 2010 at 7:34 PM in Council Chambers. Present: Aldermen Desaulniers, Nash, Braddock, Caron, Hinchey, Popovich and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Nash read the opening prayer, and Ald. Braddock led the members in the Pledge of Allegiance. Upon motion of Ald. Popovich, seconded by Ald. Braddock, it was unanimously voted to adopt the minutes of May 3 & 17 and Public Hearing May 6, 2010. Mayor Nystrom called for a public hearing on WHEREAS, the City of Norwich is eligible to receive approximately $1,091,004 in Community Development Block Grant (CDBG) entitlement funds for the 2010 program year; and anticipates receiving and expending additional property rehabilitation program income funds; WHEREAS, these funds extended under Title I of the Housing and Community Development Act of 1974, as amended in 1977, as well as other regulations promulgated by the Department of Housing and Urban Development; and WHEREAS, the City’s Community Development Advisory Committee will be adopting a preliminary plan for the allocation of the CDBG funds and forwarding its recommendations to Council; and WHEREAS, the City will be submitting a Five Year Consolidated Plan and an Annual Action Plan; and WHEREAS, in accordance with the City’s citizen participation plan, a public hearing must be held for the purposes of receiving comments from the public on these preliminary plans and wishes to obtain citizen views on the City’s priority housing and non-housing community development needs, social service needs, economic development needs, housing, crime prevention and fair housing issues effecting Norwich citizens. NOW, THEREFORE BE IT RESOLVED BY THE NORWICH CITY COUNCIL that a public hearing be scheduled on Monday, June 7, 2010 at 7:30 pm in the Council Chambers to receive public comment on the Preliminary Community Development Plan. David Crabb, 47 Prospect St., thinks Norwich should advertize the CDBG program and a format that follows the other municipalities that run ads in the Bulletin. He doesn’t recall these planned dollars being in the ad. The administration cost seems kind of rich. He feels the Otis Library should be included in the public services category and there seems to be duplicated allocations. Jane Daigneault, 335 Hamilton Ave., is not looking for any extra money and she wants to see arts & crafts and hobbies at the YMCA. Keith Ripley, Meadow Lane, stated this was a very thorough and balanced situation but there should have been a comparison to previous years. He is and always has been in favor of sidewalks on Rt. 32. He thinks Habitat for Humanity is a great concept and he touched on all the other activities. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 John Mathieu, 84 Hunters Rd., explained that this is a five year plan and they had lots of public hearings with other agencies for input. He asked the council to carefully look over the plan and to pass it. We need to continue with programs that are working. Sheila Hayes, 8 Pin Oak Terrace, feels that because of the limited funding, public services should receive the bulk of the funding. She hopes the council will support the recommendations for the funding. Ron ward, 121 Golden St., believes that if the council excises, or puts aside for the time being, the $100,000 for the Reid & Hughes roof and the $150,000 for the sidewalks, we could get through this budget. Andy Depta, 105 Vergason Ave., wondered if the City of Norwich was still in negotiations on the Reid & Hughes building and the council should find out where we are on this before repairing the roof. Amy Dimicco, Habitat for Humanity, is glad that they have been supported and is looking forward to coming back to Norwich. There being no further speakers, Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a public hearing on WHEREAS, the R.E. Van Norstrand Neighborhood Assistance Act, Chapter 228a of the Connecticut General Statutes (C.G.S. 12-630aa-12-638) offers certain benefits to municipalities desiring to obtain the same and is administered by the State Department of Revenue Services (Commission of Revenue Services); and WHEREAS, the Neighborhood Assistance Act provides a tax credit for business firms which sponsor local programs; and WHEREAS, such programs must be proposed and conducted by private non-profit agencies or municipalities and be approved by the local legislative body; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH: A public hearing will be held on June 7, 2010 to review applications and receive comments relative to the Neighborhood Assistance Act. David Crabb, 47 Prospect St., is puzzled by the Connecticut General Statutes Neighborhood Assistance Act. This resolution seems vague as far as what kind of write of it is. He suggested to limit the recipients to the Otis Library and United Community Services agencies. There being no further speakers, Mayor Nystrom declared the public hearing closed. Upon motion of Ald. Desaulniers, seconded by Ald. Braddock, it was unanimously voted to accept the following report from the Commission on the City Plan: CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 Telephone: (860) 823-3766, Fax: (860) 823-3715 Ralph Page, Chairman Jeremy Booty, Vice-Chairman May 20, 2010 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH C.G.S 8-24 Referral: Resolution relative to the discontinuance of a portion of Burton Avenue as a through street. At the meeting of the Council of the City of Norwich (Council) held on April 19, 2010, the resolution described above was introduced and referred to the Commission on the City Plan (Commission) for a report pursuant to Chapter XV, Section 4 of the City Charter. The Commission on the City Plan, at its May 18, 2010 regular meeting reviewed the above-referenced referral. Seated were Chairman Ralph Page, Frank Manfredi, Arthur Sharron, P. Michael Lahan, and Les King. After discussion and careful consideration, the Commission voted unanimously to forward an UNFAVORABLE recommendation. In reaching the unfavorable recommendation, the Commission deemed that the proposed closure is not justified by available statistics with respect to vehicle speed and the occurrence of accidents; and, that such closure would hinder access for emergency vehicles; and, that the possibility of the establishment of a one-way street may be worth exploring. If you have any questions, please contact the Planning Director or City Planner. Respectfully submitted, Ralph Page, Chairman City Manager Bergren gave his report as follows: DATE: June 7, 2010 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. FEMA Individual and Small Business Assistance 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 The federal government has reversed their decision and made disaster assistance available to individuals and small businesses in New London County. All residents looking for flood damage assistance must register with FEMA as soon as possible by calling 1-800-621-3362 or on-line at www.DisasterAssistance.gov. FEMA also has a Disaster Recovery Center open at Three Rivers Community College. Hours are Monday – Friday 9 a.m. to 7 p.m. and Saturdays 9 a.m. to 4 p.m. 2. Budget-Union Concession Negotiations I am pleased with the progress that we have made with several employee groups regarding concessions. We are in the process of wrapping up negotiations with the final two groups. Public Utilities Director, John Bilda has negotiated with the three NPU unions; IBEW, United Steelworkers and AFSCME for concessions. The three unions have voted on the concessions, but have not yet signed the agreements. The agreements are expected to be executed by July 1, 2010. 3. Bond Rating Upgrade The City of Norwich has been informed by Moody’s Investor Services, a New York based rating agency, that it has recalibrated its Municipal ratings and awarded Norwich an upgrade of two steps, from A1 to Aa2. This is part of a sweeping move by Moody's to apply "a fairer standard" by which to rate municipal governments and other government entities. This recalibration is designed to put Moody's municipal rating and qualifying processes on par with the way the agency has rated private entities. In addition, Fitch Ratings Service have recalibrated also, increasing Norwich’s rating from AA- to AA. Furthermore, the “AA” rating from Fitch and “Aa2” rating from Moody’s is one notch higher than the “AA-” rating Standard & Poor’s Rating Service has outstanding on the City’s outstanding bonds. The City has already benefited in previous bond sales by maintaining credit ratings in the “AA” category. The City issued bonds in December 2009 without having to purchase credit enhancement and was also able to refinance outstanding bonds to produce approximately $300,000 in debt service relief in the next 5 fiscal years. The City continues to have prudent financial management and feels this rating recalibration is another example of access to the capital markets for the City’s future infrastructure needs. Mayor Nystrom called for citizen comment. Kenneth Maury & Michael Pierce, both of Burton Ave., spoke on the different aspects of closing Burton Ave. from the police department, public safety committee etc. They stated that six out of the seven residents affected would like to see the street closed. Joanne Philbrick, 10 Elm Ave., spoke on resolution 12 stating we are still in bad economic times. Money is being thrown away. Why would you ask for $10,000 for the Lincoln Portrait? When does the money stop going out and start coming in? David Crabb, 47 Prospect St., opposes resolutions 7, 11 & 12 and he is neutral on 9. He commented on an article about leaders in another municipality being paralyzed over their budget. Business as usual is a recipe for disaster during this financial crisis. Keith Ripley, Meadow Lane, is in favor of resolutions 11 & 12. He is strongly in favor of the way the funding from the Sachem Fund was distributed. He also spoke on the DPU portion of the budget. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 Deb Kieviets, 252 Old Canterbury Tpke., spoke on behalf of the Bullybusters. She disapproved the recommendations from the Sachem Fund Committee. They asked for the minimum amount of money as they rely on donations and it goes back into the economy. John Mathieu, 84 Hunters Rd., is opposed to the closing of Burton Ave. based on the findings from the police study. Andy Depta, 105 Vergason Ave., questioned the legality of having a third public hearing. He has thoroughly gone through the Charter and can’t find where it states anything about a third hearing and he doesn’t see any reason for it. Ron ward, 121 Golden St., spoke on the budget as he is an advocate for education and kids. He is active in the community and feels that it is often that the kids are left behind in times of crisis. He doesn’t want to lose Adult Ed. as this is where the neediest people go to learn languages, how to get jobs etc. He asked to please find somewhere else to get the $164,000. Sheila Hayes, 8 Pin Oak Terrace, suggested making Burton Ave. a cul-de-sac instead of closing it. She feels this is necessary because it has become a safety issue. There being no further speakers, Mayor Nystrom declared citizen comment period closed. Upon motion of Ald Braddock, seconded by Ald. Caron, it was unanimously voted that the members of the Norwich City Council go into Executive session for the purpose of discussing strategy or negotiations with respect to collective bargaining. City Manager Alan H. Bergren, Director of Human Resources, Brigid Marks, Comptroller Joseph Ruffo, Deputy Comptroller Josh Pothier and Corporation Counsel Michael E. Driscoll shall be asked to participate during all or portions of this Executive Session at the request of the City Council. The council was in Executive Session from 8:55 PM until 9:19 PM, at which time Mayor Nystrom stated that no votes were taken. Upon motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and Ald. Desaulniers: WHEREAS, Chapter VII Section 10 of the Charter of the City of Norwich provides that “…not later than the second Monday in June, the Council shall adopt the budget, the appropriation ordinances and the tax levy ordinances.;” and, WHEREAS, Chapter V, Section 4 of the Charter of the City of Norwich provides that the Council shall meet regularly on the first Monday of each month and may, by resolution, establish additional regular meeting dates; and WHEREAS, by resolution adopted May 16, 2005, the Council of the City of Norwich established the second Monday of June as the date of a regular meeting of the Council of the City of Norwich, which regular meeting was to be cancelled if the budget of the City of Norwich had been adopted on or before the first Monday of June; and WHEREAS, ongoing budget deliberations and the intention of the Council to schedule a third public hearing on the budget on Thursday, June 10, 2010 make it inadvisable to adopt the budget of the City 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 of Norwich for fiscal year 2010 - 2011 at the meeting of the Council of the City of Norwich to be held on the first Monday in June 2010. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY NORWICH that a regular meeting of the Council of the City of Norwich be set and hereby is scheduled for the second Monday in June, June 14, 2010, at 7:30 PM at City Council chambers in City Hall, 100 Broadway, Norwich, to consider and act upon items before it including, among other things, the adoption of the budget, the appropriation ordinances and the tax levy ordinances, and that the Clerk of the City and Town of Norwich be and hereby is directed to post and give appropriate notice of the same to comply with the requirements of the Charter and Ordinances of the City of Norwich and with the Freedom of Information Act of the State of Connecticut. Upon motion of Ald. Desaulniers, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and Ald. Desaulniers: WHEREAS, the Council of the City of Norwich desires to schedule a third public hearing concerning the budget for the 2010‐2011 fiscal year NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that a third public hearing be held on Thursday, June 10, 2010 commencing at 7:30 p.m. at council chambers in Norwich City Hall, 100 Broadway, Norwich, CT. Ald. Desaulniers made a motion, seconded by Ald. Braddock, to amend the following resolution introduced by Mayor Nystrom and Ald. Desaulniers, to add exhibit A: RESOLVED, that the budget of the City of Norwich and the City Consolidated District for the Fiscal Year 2010-11 as submitted by the City Manager on April 5, 2010, and as tentatively adopted by the Council of the City of Norwich on May 3, 2010 be, and the same hereby is, adopted. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 Ald. Desaulniers made a motion, seconded by Ald. Nash, to amend the above resolution by adding exhibit B as follows: 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 Upon motion of Ald. Desaulniers, seconded by Ald. Braddock, it was unanimously voted to postpone the above resolution as amended until June 14, 2010. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 Upon motion of Ald. Hinchey, seconded by Ald. Popovich, it was unanimously voted to postpone the following resolution introduced by Mayor Nystrom and Ald. Desaulniers until June 14, 2010: RESOLVED, that the appropriations ordinance of the City of Norwich and the City Consolidated District for the Fiscal Year 2010-2011 submitted by the City Manager on April 5, 2010, as tentatively adopted by the Council of the City of Norwich on May 3, 2010, be and hereby is, adopted. Upon motion of Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted to postpone the following resolution introduce by Mayor Nystrom and Ald. Desaulniers until June 14, 2010: RESOLVED, that the tax levy ordinance of the City of Norwich for the Fiscal Year 2010-2011 as submitted by the City Manager on April 5, 2010, setting the tax rate at ____ mills be, and the same hereby is, adopted. Upon motion of Ald. Nash, seconded by Ald. Hinchey, it was unanimously voted to postpone the following resolution introduced by Mayor Nystrom and Ald. Desaulniers until June 14, 2010: RESOLVED, that the tax levy ordinance of the City of Norwich for the Fiscal Year 2010-2011, as submitted by the City Manager on April 5, 2010 setting the tax rate at ___ mills for fire services upon the ratable estate within the City Consolidated District of the inhabitants of said District and of all others in said District liable to pay taxes therein, AND FURTHERMORE, setting the tax rate at ___ mills for fire services upon the ratable estate within the Town Consolidated District of the inhabitants of said District and of all others in said District liable to pay taxes therein be, and the same hereby is, adopted. Upon motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to adopt the following resolution introduced by Ald. Desaulniers and Braddock: WHEREAS, the City of Norwich Harbor Commission has received requests that it accept donations to purchase and install a plaque in the harbor area recognizing Ronald Aliano for his service to the Harbor Commission and the City of Norwich; and WHEREAS, the Harbor Commission estimates the cost of this plaque including installation to be $5,000; and WHEREAS, the Harbor Commission anticipates that the cost of this plaque will be paid by private donations solicited by members of the Harbor Commission. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that the Finance Department establish a City of Norwich Ronald Aliano Memorial Account (S9920‐78000) into to which such donations may be deposited; and BE IT FURTHER RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that any donations placed in such account and any expenditure made from such account follow all rules, policies and procedures of the City of Norwich, including but not limited to, accounting, purchasing, fund and risk management and cash handling; and 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 BE IT FURTHER RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that should the sum of donations fall short of the price to purchase and install the commemorative plaque, funds may be transferred from Harbor Commission Account S9901‐80000 (to the City of Norwich Ronald Aliano Memorial Account S9920‐78000) for the plaque upon vote of the Harbor Commission; and BE IT FURTHER RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that should donations exceed the cost of purchasing and installing the plaque any excess funds will be transferred to the Harbor Commission Account S9901‐80000 upon completion of the project; and BE IT FURTHER RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager Alan H. Bergren be and hereby is authorized, at a time thought appropriate by him, to enter into any contracts or agreements for the purpose of designing, purchasing and installing said plaque and funds are available and on hand in the City of Norwich Ronald Aliano Memorial Account S9920‐78000 through the processes described herein. Ald. Nash made a motion, seconded by Ald. Caron, to amend the following resolution introduce by Ald. Nash, Braddock and Caron: WHEREAS, residents of Burton Avenue have requested that Burton Avenue be discontinued as a through street due to the high volume of motorist using the same; and WHEREAS, a proposal to discontinue Burton Avenue as a through street has been presented to the City of Norwich Public Safety Committee; and WHEREAS, Burton Avenue connects Smith Avenue to Hamilton Avenue; and WHEREAS, the City Council has determined to alleviate the excessive use of the street by discontinuing the first 53 feet of Burton Avenue as a highway commencing at its intersection with Hamilton Avenue but reserving to the City of Norwich all rights to enter upon the same to maintain the sewer line, maintain and install drainage, and maintain or install other public easements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Norwich, that a portion of Burton Avenue specifically, that the first 53 feet of Burton Avenue commencing at its intersection with Hamilton Avenue be discontinued as a highway, reserving to the City of Norwich all rights to enter upon the same to maintain the sewer line, maintain and install drainage, and maintain or install other public easements. The above resolution, as amended, passed on a vote of 5-2 with Ald. Desaulniers and Hinchey voting in opposition. Upon motion of Ald. Hinchey, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren: WHEREAS, Chapter 228a of the Connecticut General Statutes (C.G.S. 12-631aa-12-638) authorizes the Neighborhood Assistance Act to be administered by the State Department of Revenue Services; and 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 WHEREAS, the Neighborhood Assistance Act provides a tax credit for business firms which sponsor local programs; and WHEREAS, such programs must be proposed and conducted by private non-profit agencies or municipalities and be approved by the local legislative body; and WHEREAS, a public hearing has been duly noticed and held on applications submitted to the City Manager’s Office. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that it approves the following program proposals under the Neighborhood Assistance Act: 1. Connecticut Radio Information System (CRIS)-Radio Reading Service 2. Habitat for Humanity Homes in Southeastern Connecticut 3. Artworks to Empower, Inc. – Artworks Expressive Art Therapy Program 4. United Community & Family Services, Inc. – Medical & Dental Care 5. Otis Library – Community Literacy 6. Montessori Discovery School, Inc. – Energy & Education 7. Montessori Discovery School, Inc. – Financial Assistance Program 8. Norwich Historical Society, Inc. – Program for Capacity Building 9. Norwich Historical Society, Inc. – Saving Energy, Saving History, Saving Norwich 10. Norwich Human Services – Norwich Safety Net Team Mayor Nystrom withdrew the following resolution introduced by Mayor Nystrom: BE IT RESOLVED that Jeremy Minter be appointed to the Board of Appeals (Building Code) as an alternative member for a term to expire on January 1, 2012 or until a successor is appointed. Upon motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to adopt the following resolution introduced by Ald. Nash: WHEREAS, Bassem Salahi of Yantic Village, LLC has applied to the Sachem Fund Committee for a Grant in the amount of $15,000.00 for the purpose of purchasing property located at 81 Yantic Road, Norwich, Connecticut to expand his existing business known as Lazizah Bakery by adding and improving a section for outdoor dining overlooking the Yantic River; WHEREAS, the Sachem Fund Committee has approved Bassem Salahi’s application on the condition that the monies be used toward the acquisition of property located at 81 Yantic Road and paid over only upon that occurrence; that the grant be secured by a note and mortgage in favor of the City of Norwich to be forgiven over a Five (5) year period, from the date of acquisition, at a rate of $3,000.00 per year, but that the note be repaid in full to the City of Norwich to be recredited to the Sachem Fund if said property is transferred without the consent of the Sachem Fund Committee within Five (5) years from the date of acquisition or the date of the grant, whichever occurs later; WHEREAS, Alan H. Bergren, City Manager, can accept the note and mortgage in the amount of $15,000.00 from Bassem Salahi as member/manager of Yantic Village, LLC. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JUNE 7, 2010 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY NORWICH that City Manager Alan H. Bergren be and hereby is authorized and directed to accept a note and mortgage in the amount of $15,000.00 to be recredited to the Sachem Fund upon collection following the unauthorized transfer of the property known as 81 Yantic Road, otherwise to be forgiven over a Five (5) year period at a rate of $3,000.00 per year. Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Nash: WHEREAS, the Council of the City of Norwich established the Sachem Fund with ordinance 1553 dated January 2, 2007 for the purposes of furthering the economic development of the City of Norwich and the cultural experience of its residents and tourists; and WHEREAS, the Sachem Fund Board has been delegated the role of reviewing applications to the Sachem Fund and making recommendations based on the applications contribution to the goals of the funds, and WHEREAS, the Sachem Fund Board met on May 5, 2010 to review applications submitted on or before March 1, 2010 to the Sachem Fund. NOW, THEREFORE, BE IT RESOLVED BY THE Council of the City of Norwich, that the following recommendations made by the Sachem Fund Committee are therefore approved: Organization Purpose Amount NAACP Cultural events and tourism $5,000 City of Norwich Lincoln portrait prize 10,000 Norwich Arts Council Cash match on CT Tourism 28,500 grant Otis Library Non-fiction enhancements 7,450 Lazizah, LLC Property purchase with 15,000 restrictions Total $65,950.00 Upon motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to adjourn at 9:55 PM. CITY CLERK 12