City Council
Regular MeetingNorwich, CT · November 15, 2010
Minutes
JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010
A regular meeting of the Council of the City of Norwich was held November 15,2010, at 7:35 PM in
Council Chambers. Present: Aldermen Desaulniers, Braddock, Nash, Hinchey, Popovich and Mayor
Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance.
Absent: Alderwoman Caron. Mayor Nystrom presided.
Ald. Desaulniers Read the opening prayer and Ald Braddock led the members in the Pledge of
Allegiance.
Mayor Nystrom read the following proclamation:
PROCLAMATION
WHEREAS, Norwich, Connecticut is a community which acknowledges that a special vibrancy exists within
the entire community when its individual citizens collectively “go the extra mile” in personal effort,
volunteerism and service; and
WHEREAS, Norwich, Connecticut is a community which chooses to shine a light on and celebrate
individuals and organizations within its community who “go the extra mile” in order to make a difference and
lift up fellow members of their community; and
WHEREAS Norwich, Connecticut is a community which encourages its citizens to maximize their personal
contribution to the community by giving of themselves wholeheartedly and with total effort, commitment and
conviction to their individual ambitions, family, friends and community; and
WHEREAS, Norwich, Connecticut acknowledges the mission of the Extra Mile American Foundation to
create 100 Extra Mile cities and states in America and is proud to support “Extra Mile Day” on November 1,
2010.
NOW THEREFORE, I, MAYOR PETER A. NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO
TEM, PETE DESAULNIERS, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF
THE CITY OF NORWICH, do hereby proclaim Monday, November 1, 2010 as Extra Mile Day in the City of
Norwich. I urge each individual in the community to take time on this day to not only “go the extra mile” in his or her
own life, but to also acknowledge all those around who are inspirational in their efforts and commitment to make their
organizations, families, community, country or world a better place.
Dated this First Day of November, 2010
President Pro Tem Desaulniers made a presentation of a proclamation to the Norwich Bullybusters.
Mayor Nystrom called for a public hearing on AN ORDINANCE AMENDING SECTION 4-5(3) OF
CHAPTER 4 OF THE NORWICH CODE OF ORDINANCES CONCERNING DEMOLITION PERMIT
FEES
There being no speakers Mayor Nystrom declared the public hearing closed.
Ald. Braddock made a motion, seconded by Ald. Popovich, to waive the reading of the following
ordinance introduced by City Manager Bergren:
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JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010
AN ORDINANCE AMENDING SECTION 4-5(3) OF CHAPTER 4 OF THE NORWICH CODE OF
ORDINANCES CONCERNING DEMOLITION PERMIT FEES
WHEREAS, since July 1, 2009, the building permit fee for demolition of any structure have been
calculated at $25.00 per $1,000.00 of the assessed value; and,
WHEREAS, this rate of permit fee appears to be a deterrent to owners seeking to demolish a
damaged or deteriorated structure which has become worth less than the assessed value; and,
WHEREAS, the failure to have such structures demolished is a detriment to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that
Section 4-5(3) of Chapter 4 of the City of Norwich Code of Ordinances be and hereby is amended as
follows:
Chapter 4 - BUILDINGS AND STRUCTURES
Sec. 4-5. Permit fees--Schedule.
(3) The fees for permits for the demolition of any structure shall be $25.00 per $1,000.00 of assessed
value, as listed in the City Assessor’s records, with a minimum fee of $35.00 in accordance with the
following schedule:
(a) Single Family residential building and accessory structures $50.00
(b) Two Family and multifamily structure up to ten units 100.00
(c) Multifamily structure in excess of ten units 150.00
(d) Commercial building up to 10,000 square feet 200.00
(e) Commercial building in excess of 10,000 square feet 300.00
PURPOSE: (To lower the cost of obtaining a demolition permit to encourage the demolition of
damaged or deteriorated structures)
On a roll call vote the above ordinance passed 6-0.
City Manager Bergren gave his report as follows:
DATE: November 15, 2010
TO: Mayor Peter A. Nystrom & Council Members
FROM: Alan H. Bergren, City Manager
SUBJECT: City Manager’s Report
1. CT Harbor Management Association - Annual Meeting
Norwich Harbor Management Commission Chairman John-Paul Mereen, Alderman Tucker Braddock and I attended the CT
Harbor Management Association’s Annual Meeting in Branford on Tuesday, November 9th. Also in attendance with us from
Norwich was Valerie Aliano. The CT Harbor Management Association represents Harbor Management Commissions
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through out the State. At that meeting the Association honored Ron Aliano (he was one of the founding members of the CT
Harbor Management Association) by presenting a framed picture of the Norwich Harbor to Valerie, which she then presented
to the City for hanging in the City Hall in Ron’s memory. In addition the Association presented the first annual Ronald
Aliano Harbor Management Leadership award, which was given to Edward J. O’Donnell of the United States Army Corps of
Engineers. It was a memorable evening for those of us in attendance from the City of Norwich. We discussed with Valerie
Aliano holding a ceremony for hanging the picture of the Norwich harbor in Ron’s honor at a future date. We will keep the
Council apprised of the plans for this ceremony.
2. Upcoming Meetings
♦ CCM Legislative Meeting: Alderman H. Tucker Braddock Jr., Comptroller Joe Ruffo and I will be attending the
CCM Legislative meeting in North Haven tomorrow morning. Lt. Governor elect, Nancy Wyman will be the guest
speaker.
♦ Team Norwich: The next meeting is this Wednesday at 7:30 A.M. at the NCDC offices. The following 3 topics are
on the agenda:
1. Completing the Economic Development Plan
2. The status and possible consolidation of the sub-committees
3. Bond program and administration
♦ SCCOG: I will be attending the regular COG meeting this Wednesday, November 17th and on November 24th at
8:30 A.M. is a special Legislative Committee meeting with area legislators, CCM representatives and COST
representatives.
In addition, Planning & Neighborhood Services Director, Peter Davis, NCDC Director Bob Mills and I will be
attending a workshop at the SCCOG office on Friday, December 3rd, at 1:00 p.m. regarding the Cross Acceptance
process for the State Plan of Conservation and Development. At this workshop, OPM staff will present a PowerPoint
presentation and will facilitate a discussion on how attendees think the cross acceptance process should work. (I had
mentioned this previously in my 11-1-10 manager’s report).
♦ SBA: The Small Business Administration will be doing a presentation on HUB Zones tomorrow, November 16 at
6:30 P.M. in Council Chambers.
3. Dog Pound Open House
Thanks to the hard work and effort of all of those involved, the new dog pound is preparing to open for business. An open
house is tentatively scheduled for Sunday, December 5 from 11:00 A.M. to 1:00 P.M. We will keep the Council and the
public apprised when the date is firmly set.
4. Heritage Walkway
The portion that of the Heritage Walkway that was closed through Howard T. Brown Park is now open and accessible for
use.
5. Mohegan Park Road
Mohegan Park Road has re-opened to traffic for the winter season.
Mayor Nystrom called for citizen comment on resolutions.
Andy Depta, 105 Vergason Ave., thinks resolutions two and four are excellent ideas and urges the
council to approve them. On resolution one he asks where is the payback and sees nothing for a
business or marketing plan. The taxpayers are subsidizing this loan. The council should take a good
hard look at this before approving it.
Brian Curtin, 148 Broad St., would like the council to understand that the price put on the building for
the Spirit of Broadway Theater was only put there to make sure only serious applicants came forward
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and would like the council to forgive the mortgage entirely. It’s an asset to the city and in constant
use.
Keith Ripley, Meadow Lane, is in favor of resolution one. Supporting this resolution is a win win for
the city.
David Crabb, 47 Prospect St., opposes resolution one and four. Downtown Norwich has crashed.
Norwich has more downtown than the city needs.
Gregg Johnson, Board of Directors, stated that the Spirit of Broadway is not about doing special
favors. The theater has grown and become recognized. It is thriving and doing well and looking
forward to the passage of this resolution. He would appreciate the support of the council.
Brett Bernadini, 106 Williams St., is grateful to the council for its support. The theater has been a
total joy from day one. Everyone in the art world is feeling the cuts but lets find a way to work
together.
Sheila Hayes, 8 Pin Oak Terrace, Deb Kievits, 252 Old Canterbury Tpke., both asked the council to
support resolution one as they work hard to help the youth in the arts. Brett opened his doors to the
youth of this community.
There being no further speakers, Mayor Nystrom declared the citizen comment period closed.
Ald. Braddock made a motion, seconded by Ald. Nash, to adopt the following resolution introduced by
Ald. Hinchey, Braddock and Nash:
WHEREAS, The Best Production Company, Inc., is a non-profit corporation operating the Spirit of
Broadway Theater; and
WHEREAS, the City of Norwich by resolution adopted July 29, 1999 designated the Best Production
Company, Inc. as Preferred Developer of the former Chestnut Street Fire Station property located at
24 Chestnut Street subject to its entering into a development agreement approved by the Norwich
City Council; and
WHEREAS, the City of Norwich and the Best Production Company, Inc. entered into a Lease to
Purchase Agreement dated September 28, 1999 which Agreement provided that the Best Production
Company, Inc. was to purchase said property from the City of Norwich for a total purchase price of
$100,000 which sum was to be paid in installments to be made through October 1, 2002; and
WHEREAS, said Lease to Purchase Agreement provided among other things that the City of
Norwich, upon payment of the amount due from the Best Production Company, Inc., would convey
the premises to the Best Production Company, Inc. on or about October 1, 2002, and that the Best
Production Company, Inc. would accept the building in an “as is” condition, would uphold historic
preservation guidelines as set forth by the Connecticut Historical Society for a period of ten years
from the date title was conveyed to it, and would agree that if it sold or transferred the property prior
to the expiration of seven years after the date title was conveyed to it, the Best Production Company
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Inc. would pay back to the City of Norwich a share of the net sales proceeds for the property pursuant
to a schedule of reducing amounts; and
WHEREAS, on October 3, 2002, the Lease to Purchase Agreement was amended pursuant to a
resolution adopted by the Council of the City of Norwich on September 17, 2002 whereby the time of
transfer set out in the Agreement was extended from October 1, 2002 to September 30, 2007 and the
schedule of payments reset; and
WHEREAS, the City of Norwich by Resolution adopted May 15, 2006 expedited the transfer of said
premises to the Best Production Company Inc. and substituted a mortgage in favor of the City of
Norwich for the balance owed it under the terms of the Lease to Purchase Agreement as amended;
and
WHEREAS, Alderman William Nash sponsored a resolution which was adopted on January 19, 2010
which directed the City Manager to explore means beyond the scope of local budgetary process to
lend to lend support to the Norwich Arts Community; and
WHEREAS, in a letter dated April 2, 2010 the Best Production Company, Inc. requested assistance
from the City of Norwich in reducing the theater’s bills; and
WHEREAS, as of November 5, 2010, the balance owed the City of Norwich on said mortgage is
$40,200.00 exclusive of any interest or penalties; and
WHEREAS, economic hardships continue to erode funding sources for the arts which play a vital part
in the economic strategy to attract and retain downtown businesses; and
WHEREAS, Voters recently approved a bond to leverage private investment and assist property
owners in code improvements and rent subsidies to allow existing and potential new businesses to
thrive in the downtown; and
WHEREAS, the Council of the City of Norwich finds that the Best Production Company, Inc., is an
asset to the City of Norwich and that the deferral of the balance owed on said mortgage will allow the
Best Production Company, Inc., to further establish itself as a destination for high quality, innovative
and professional theater.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Norwich that the total sum,
including penalties and interest on the note dated August 28, 2007 owed to the City of Norwich from
the Best Production Company, Inc. be determined to be in the amount of $40,200.00; that upon
mutual execution of a mortgage modification agreement, the payment of the same be and hereby is
deferred for three years to resume in November of 2013; and the first monthly payment will be due on
November 1, 2013 in the amount of $200.00, with an annual payment of $5000.00 due on October 1,
2014 and annually thereafter.
NOW, THEREFORE, LET IT BE FURTHER RESOLVED that City Manager Alan Bergren be and
hereby is authorized and directed to prepare and record or deliver necessary documents to effectuate
a mortgage modification resulting in the deferment of the mortgage payments due to the City of
Norwich as described herein.
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The above resolution passed 5-1 with Ald. Popovich voting in opposition.
Upon motion of Ald. Nash, seconded by Ald. Hinchey, it was unanimously voted to adopt the
following resolution introduced by Ald. Braddock and Hinchey:
WHEREAS, the City Hall is a landmark building with a rich history and beautiful architecture; and
WHEREAS, two area senior groups, the R.S.V.P. group of United Community & Family Services and
Norwich Senior Center have expressed interest in volunteering to greet, introduce and give tours to
visitors to City Hall; and
WHEREAS, these docents will all be uncompensated volunteers, setting their own schedule
,organizing and operating independently of existing City Hall operations and staff; and
WHEREAS, said docents shall have their base of operations in the information booth on the first
floor of the City Hall building.
NOW, THEREFORE BE IT RESOLVED, the Council of the City of Norwich hereby authorize City
Manager Alan H. Bergren to facilitate the organization of the docent volunteer groups.
Upon motion of Ald. Nash, seconded by Ald. Popovich, it was unanimously voted to adopt the
following resolution introduced by Ald. Desaulniers, Braddock and City Manager Bergren:
WHEREAS, Edward Seder has been a member of the Harbor Management Commission since its
establishment by ordinance on September 4, 1991; and
WHEREAS, his insight and recollection of harbor history and the surrounding areas provides an
invaluable contribution to the Commission; and
WHEREAS, the Commission wishes to honor Mr. Seder’s long history of serving the City as a
volunteer on the Harbor Management Commission.
NOW, THEREFORE BE IT RESOLVED, that Edward Seder be, and hereby is, appointed
as a non-voting, honorary lifetime member of the Norwich Harbor Management
Commission.
Upon motion of Ald. Nash, seconded by Ald. Popovich, it was unanimously voted to adopt the
following resolution introduced by Mayor Nystrom:
WHEREAS, the Commission on the City Plan, at least once every ten years, prepares or amends and
adopts a Plan of Conservation and Development for the City; and
WHEREAS, the City of Norwich will be seeking submissions from qualified planning consultants for
professional services in order to assist the City in the process of updating the current 2003 Plan of
Conservation and Development; and
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WHEREAS, it has been proposed that the selection of the qualified planning consultant be
determined through an interview process conducted by a subcommittee of the Commission on the
City Plan to consist of two members of the Commission on the City Plan appointed by the
Commission, two members of the City Council appointed by the Council, one member of the general
public appointed by the Council and staff from the City of Norwich Planning Department and the
Norwich Community Development Corporation; and
WHEREAS, said subcommittee will create a shortlist of no less than three qualified planning
consultant firms to be interviewed after which the subcommittee shall rank these firms and select the
most qualified; and
WHEREAS, after selection of the most qualified firm the City of Norwich through the office of the
City Manager and Corporation Counsel shall attempt to negotiate a contract for specific professional
services based upon a detailed scope of services and if a satisfactory contract cannot be reached,
continue the process with the remaining firms in order of ranking; and upon the reaching of a
satisfactory contract present the same to the Council of the City of Norwich for its approval prior to
initiation of work on the project.
NOW THEREFORE BE IT RESOLVED that Deb Hinchey and Laurie Glenney- Popovich be
appointed to said subcommittee as council members representatives; and
BE IT FURTHER RESOLVED that Keith Ripley be appointed as a member of said subcommittee.
Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to refer to Public
Safety Committee and set a public hearing on December 20, 2010 for the following ordinance
introduced by Mayor Nystrom:
AN ORDINANCE AMENDING THE VOLUNTEER FIREFIGHTERS' RELIEF FUND OF THE CITY
OF NORWICH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that:
WHEREAS, the Norwich City Council, pursuant to Connecticut General Statutes §7-148(c)(5)(A), adopted a
Volunteer Firefighters' Relief Fund Plan on 11/9/87; and
WHEREAS, Section 8-71 of the Norwich Code of Ordinances adopts by reference Article I through XIII,
inclusive, as contained in the Volunteer Firefighters' Relief Fund Plan as the complete rules and regulations of
the Relief Fund for volunteer firefighters in the City of Norwich; and
WHEREAS, the purpose of this ordinance is to adopt amendments to said Volunteer Firefighters' Relief Fund
Plan; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Norwich, that the following
amendments to the Volunteer Firefighters' Relief Fund Plan be adopted as amendments to the rules and
regulations of the Relief Fund Plan for volunteer firefighters of the City of Norwich:
Articles I, II, III, IV, V, VI, VIII, IX, X and XII are amended as set out herein:
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Article I, Sections 1.6, 1.21
Article II, Section 2.2
Article III, Sections 3.2, 3.3
Article IV, Sections 4.1, 4.3, 4.3.1
Article V, Section 5.1
Article VI, Sections 6.2, 6.5
Article VIII, Sections 8.1, 8.1.2, 8.2
Article IX, Sections 9.1, 9.3
Article X, Section 10.1
Article XII, Section 12.1
SECTION 1.6 “Credited Interest” means interest earned on the Member’s contributions, compounded annually
monthly at a rate of 5% 3% from the end of the year of deposit per annum.
SECTION 1.21 “Volunteer”, “Volunteer Firefighter” or “Active Member”, means any Member of any
the Volunteer Firefighters' Department Recognized Department of the City of Norwich who performs services
as a Volunteer Firefighter for the benefit of the Town Consolidated District. Such Volunteer must respond to
20% of all emergency calls, fires, etc. or 150 calls, whichever is less, as well as 20% or a minimum of 20 hours
of training sessions and drills as required to maintain the status of Volunteer Firefighter. The term “Active
Member” shall include Cadet Firefighters who are 16 or 17 years of age. A Cadet Firefighter may buy back
Credited Service performed as a Cadet within one year following his/her 18th birthday.
SECTION 2.2 Becoming a Member – A Volunteer eligible to participate in the Plan shall become a Member of
the Plan by contributing $180.00 $216 for each calendar year of Credited Service. The timing and manner of the
contribution shall be prescribed by the Committee. Forms agreeing to such contribution will be provided by the
Committee.
SECTION 3.2 Disability Benefit Date - Any Member who has completed ten (10) years of Credited Service and
who is determined to be have become totally and permanently disabled in the line of duty may commence to
receive his/her benefits prior to his Benefit Date, which date may be the first day of any month six months
subsequent to the date of such determination of disability. Such date will be called his Disability Benefit Date.
SECTION 3.3 Deferred Benefit Date
[Second Paragraph]
A Member who qualifies for benefits under 3.1 may begin to receive benefits at his/her benefits at his/her
Benefit Date even though he/she continues Volunteer Service to the City. Members who qualify for benefits and
continue to provide Volunteer Service after that date may continue to earn credit up to a maximum of 35 40
years. No additional years of credit are earned for benefit eligibility for members who are not Active
Firefighters as of January 1, 2006 January 1, 2011.
SECTION 4.1 At Benefit Date
[Third Paragraph]
Effective January 1, 2006 January 1, 2011, for retirements on or after that date, the monthly benefit shall be
increased to $15.00 $18 from the $10.00 shown in the prior paragraph. The maximum years of Credited Service
shall be increased to thirty-five (35) 40 years also effective at that date. Volunteers who commence benefits
prior to that date and do not have Volunteer Firefighter status subsequent to January 1, 2006 January 1, 2011
shall remain at the$7/ $8 /$10/ $15 level.
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[Fourth Paragraph]
Effective January 1, 2006 January 1, 2011, Members who have commenced receiving benefits or have attained
20 years of Credited Service, and who continue to earn Credited Service as Volunteer Firefighters, will have
their benefits adjusted to reflect this increase. These Members with 35 Years of Service will be eligible to buy
back up to five additional years of Credited Service at the rate of $180.00 $216 per year, for a maximum of
thirty-five (35) 40 years. This buy back period will take effect for a 90 day period following the adoption date
of the amendments to the Plan.
SECTION 4.3 At Disability Benefit Date - The annual benefit of a Member who retires on a Disability Benefit
Date shall be computed in accordance with Section 4.1 but shall be based on the maximum 35 40 years of
Credited Service.
SECTION 4.3.1 Disability related to a Department-Related Injury- A Member who cannot perform his/her duty
as a result of a department-related injury shall have their percentage of attendance adjusted according to time
lost. Any injury sustained that is not department-related, does not qualify for any time lost adjustment to
attendance/participation percentages. Reference City of Norwich form(s) regarding injured or disabled
Volunteer Firefighters.
SECTION 5.1 Normal Form of Payment – Benefit payments equal to one-twelfth of the Member’s annual
benefit shall be made monthly commencing on the Member’s Disability Date or Benefit Date Month or the date
a Member who performs service beyond his/her Benefits Date elects to have such payments commence, and
continuing to the last day of the month in which the Member’s death occurs. At the discretion of the Committee,
payments may be made on a less frequent basis.
No retirement benefits paid under this plan may commence prior to January 1, 1989.
For all members retiring on or after January 1, 2011, all Benefit payments shall be made via direct deposit and
the direct deposit advices shall be delivered electronically to the members.
SECTION 6.2 Failure of Beneficiary to Survive - In the event there is a death benefit payable under this Plan
and there is no Beneficiary surviving the Member, the death benefit shall be payable in a lump sum to one or
more of the surviving persons designated by the Committee in the order of preference named: The Member's (1)
spouse, (ii) children, (iii) grandchildren, (iv) parents, (v) brothers or sisters, and (vi) executors and
administrators the Member’s estate.
SECTION 6.5 Pre-Retirement Spouse’s Death Benefit – Upon the death of an active Member who dies as a
result of Volunteer service to the City of Norwich, his/her surviving spouse, as defined by Connecticut State
Statute, shall receive a death benefit equal to the current maximum available payment per month. This benefit
shall be payable to the Member’s surviving spouse until death or remarriage. If a death benefit is payable in
accordance with this Section 6.5, there shall be no death benefit payable to the deceased Member’s Beneficiary
as described in Section 6.3 and 6.4 hereof.
SECTION 8.1 Member's Contributions - Commencing January 1, 2006 January 1, 2011, the Member
contributions shall increase to $180 $216 per year, payable at the rate of $15 per month annually upon
completion of the qualifying year. Effective also at that date, contributions may be paid for a maximum of 35 40
years.
SECTION 8.1.2 Military Service Buy Back Option - A Member with at least seventeen (17) 16 years of
credited Plan service may purchase up to three (3) four years of military service time. Buy back may be
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purchased at a rate of $180.00 $216 per year. This time may be directly applied toward Plan credited years of
service.
SECTION 8.2 City's Contributions - The Committee shall, at least once every 3 two years, have an actuarial
valuation by an Actuary of the Assets and Liabilities of the Plan and the required contributions from the City,
which in addition to contributions of the Members, will be adequate to finance the benefits under this Plan. On
the basis of such valuation, the City shall pay each year to the Committee an amount which will meet the
actuarial cost of the current service and, until it is amortized, the unfunded actuarial accrued liability. Effective
July 1, 2006 the City shall make a minimum annual contribution in the amount deemed necessary and
appropriate by actuarial evaluation to maintain the Relief Fund Plan's fiscal viability. Any monies appropriated
before the Effective Date shall remain with the Plan.
SECTION 9.1 Eligibility for a Disability Benefit – A An Active Member who has completed at least 10 years of
Credited Service and is deemed to be permanently and totally disabled as defined in Section 1.8 while
performing Volunteer service for the City shall be entitled to a Disability Benefit as hereinafter outlined.
SECTION 9.3Amount of Disability Benefit - The annual amount of Disability Benefit payable to a Member
eligible for such benefit shall be determined in the same manner as his/her Benefit based on the maximum of 35
40 years of Credited Service.
SECTION 10.1 The Relief Fund Committee shall be made up of twelve people as follows:
i) One Chief from each Recognized Volunteer Fire Departments, not to exceed five.
ii) The Personnel Human Resources Director
iii) The City Comptroller
iv) The City Manager
Each of the above may designate a person to serve in his stead.
v) One Member of the Personnel and Pension Board, designated by that Board
vi) Two (2) members representing the citizens of the City of Norwich who must reside in the Town
Consolidated District, appointed by the Council of the City of Norwich.
vii) The immediate past Chairman (Ex-Officio).
SECTION 12.1 Amendment
[Last paragraph]
No amendment improving the benefits paid hereunder shall be made before January 1,
2010 January 1, 2015.
Upon motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to refer to the
Commission on the City Plan and set a public hearing date of January 18, 2011 for the following
ordinance introduced by Ald. Braddock:
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Mayor Nystrom called for citizen comment.
Joanne Philbrick, 10 Elm Ave., commended Barry Ellison and the City Clerks Office for being so
friendly and helpful. She is looking forward to the opening of the new dog pound and wondered why
the council would not ask for a financial report from the theater. She is looking forward to great
things happening in Norwich.
Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adjourn at 8:35
PM.
CITY CLERK
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Agenda
AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH
NOVEMBER 15, 2010
7:30 PM
PRAYER
PLEDGE OF ALLEGIANCE
PROCLAMATIONS AND SPECIAL OBSERVANCES
1. Proclaiming November 1, 2010 as Extra Mile Day in the City of Norwich.
PUBLIC HEARING
1. AN ORDINANCE AMENDING SECTION 4-5(3) OF CHAPTER 4 OF THE
NORWICH CODE OF ORDINANCES CONCERNING DEMOLITION
PERMIT FEES
SECOND READING AND ACTION ON ORDINANCES
CITY MANAGER’S REPORT
CITIZEN COMMENT ON RESOLUTIONS
NEW BUSINESS – RESOLUTIONS
1. Relative to City Manager Bergren being authorized to prepare and record
or deliver necessary documents to effectuate a mortgage modification
resulting in the deferment of the mortgage payments from Best Production
Company, Inc. due to the City of Norwich.
2. Relative to City Manager Bergren being authorized to facilitate the
organization of the docent volunteer groups.
3. Relative to Edward Seder being appointed as a non-voting, honorary
lifetime member of the Norwich Harbor Management Commission.
4. Relative to the appointments of the subcommittee to review the RFQ’s
from consultants relating to the Plan of Conservation and Development for
the City.
NEW BUSINESS – ORDINANCES
1. AN ORDINANCE AMENDING THE VOLUNTEER FIREFIGHTERS' RELIEF FUND OF
THE CITY OF NORWICH
2. AN ORDINANCE AMENDING SECTIONS 17.1.7 AND 17.1.9 OF APPENDIX A, ZONING,
OF THE CODE OF ORDINANCES OF NORWICH, CONNECTICUT
CITY CLERK
City Of Norwich
Mayors Office Peter A. Nystrom, Mayor
PROCLAMATIONS AND SPECIAL OBSERVANCES #1
PROCLAMATION
WHEREAS, Norwich, Connecticut is a community which acknowledges that a special
vibrancy exists within the entire community when its individual citizens collectively “go
the extra mile” in personal effort, volunteerism and service; and
WHEREAS, Norwich, Connecticut is a community which chooses to shine a light on
and celebrate individuals and organizations within its community who “go the extra
mile” in order to make a difference and lift up fellow members of their community; and
WHEREAS Norwich, Connecticut is a community which encourages its citizens to
maximize their personal contribution to the community by giving of themselves
wholeheartedly and with total effort, commitment and conviction to their individual
ambitions, family, friends and community; and
WHEREAS, Norwich, Connecticut acknowledges the mission of the Extra Mile
American Foundation to create 100 Extra Mile cities and states in America and is proud
to support “Extra Mile Day” on November 1, 2010.
NOW THEREFORE, I, MAYOR PETER A. NYSTROM AND NORWICH CITY
COUNCIL PRESIDENT PRO TEM, PETE DESAULNIERS, ON BEHALF OF THE
NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do
hereby proclaim Monday, November 1, 2010 as Extra Mile Day in the City of Norwich. I
urge each individual in the community to take time on this day to not only “go the extra mile” in
his or her own life, but to also acknowledge all those around who are inspirational in their efforts
and commitment to make their organizations, families, community, country or world a better
place.
Dated this First Day of November, 2010
MAYOR PETER A NYSTROM
PRESIDENT PRO TEM PETE DESAULNIERS
PUBLIC HEARING #1
AN ORDINANCE AMENDING SECTION 4-5(3) OF CHAPTER 4 OF THE NORWICH
CODE OF ORDINANCES CONCERNING DEMOLITION PERMIT FEES
WHEREAS, since July 1, 2009, the building permit fee for demolition of any structure
have been calculated at $25.00 per $1,000.00 of the assessed value; and,
WHEREAS, this rate of permit fee appears to be a deterrent to owners seeking to
demolish a damaged or deteriorated structure which has become worth less than the
assessed value; and,
WHEREAS, the failure to have such structures demolished is a detriment to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
NORWICH, that Section 4-5(3) of Chapter 4 of the City of Norwich Code of Ordinances
be and hereby is amended as follows:
Chapter 4 - BUILDINGS AND STRUCTURES
Sec. 4-5. Permit fees--Schedule.
(3) The fees for permits for the demolition of any structure shall be $25.00 per
$1,000.00 of assessed value, as listed in the City Assessor’s records, with a minimum
fee of $35.00 in accordance with the following schedule:
(a) Single Family residential building and accessory structures $50.00
(b) Two Family and multifamily structure up to ten units 100.00
(c) Multifamily structure in excess of ten units 150.00
(d) Commercial building up to 10,000 square feet 200.00
(e) Commercial building in excess of 10,000 square feet 300.00
PURPOSE: (To lower the cost of obtaining a demolition permit to encourage the
demolition of damaged or deteriorated structures)
CITY MANAGER ALAN H BERGREN
RESOLUTION #1
WHEREAS, The Best Production Company, Inc., is a non-profit corporation
operating the Spirit of Broadway Theater; and
WHEREAS, the City of Norwich by resolution adopted July 29, 1999 designated
the Best Production Company, Inc. as Preferred Developer of the former
Chestnut Street Fire Station property located at 24 Chestnut Street subject to its
entering into a development agreement approved by the Norwich City Council;
and
WHEREAS, the City of Norwich and the Best Production Company, Inc. entered
into a Lease to Purchase Agreement dated September 28, 1999 which
Agreement provided that the Best Production Company, Inc. was to purchase
said property from the City of Norwich for a total purchase price of $100,000
which sum was to be paid in installments to be made through October 1, 2002;
and
WHEREAS, said Lease to Purchase Agreement provided among other things
that the City of Norwich, upon payment of the amount due from the Best
Production Company, Inc., would convey the premises to the Best Production
Company, Inc. on or about October 1, 2002, and that the Best Production
Company, Inc. would accept the building in an “as is” condition, would uphold
historic preservation guidelines as set forth by the Connecticut Historical Society
for a period of ten years from the date title was conveyed to it, and would agree
that if it sold or transferred the property prior to the expiration of seven years after
the date title was conveyed to it, the Best Production Company Inc. would pay
back to the City of Norwich a share of the net sales proceeds for the property
pursuant to a schedule of reducing amounts; and
WHEREAS, on October 3, 2002, the Lease to Purchase Agreement was
amended pursuant to a resolution adopted by the Council of the City of Norwich
on September 17, 2002 whereby the time of transfer set out in the Agreement
was extended from October 1, 2002 to September 30, 2007 and the schedule of
payments reset; and
WHEREAS, the City of Norwich by Resolution adopted May 15, 2006 expedited
the transfer of said premises to the Best Production Company Inc. and
substituted a mortgage in favor of the City of Norwich for the balance owed it
under the terms of the Lease to Purchase Agreement as amended; and
WHEREAS, Alderman William Nash sponsored a resolution which was adopted
on January 19, 2010 which directed the City Manager to explore means beyond
the scope of local budgetary process to lend to lend support to the Norwich Arts
Community; and
WHEREAS, in a letter dated April 2, 2010 the Best Production Company, Inc.
requested assistance from the City of Norwich in reducing the theater’s bills; and
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WHEREAS, as of November 5, 2010, the balance owed the City of Norwich on
said mortgage is $40,200.00 exclusive of any interest or penalties; and
WHEREAS, economic hardships continue to erode funding sources for the arts
which play a vital part in the economic strategy to attract and retain downtown
businesses; and
WHEREAS, Voters recently approved a bond to leverage private investment and
assist property owners in code improvements and rent subsidies to allow existing
and potential new businesses to thrive in the downtown; and
WHEREAS, the Council of the City of Norwich finds that the Best Production
Company, Inc., is an asset to the City of Norwich and that the deferral of the
balance owed on said mortgage will allow the Best Production Company, Inc., to
further establish itself as a destination for high quality, innovative and
professional theater.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Norwich
that the total sum, including penalties and interest on the note dated August 28,
2007 owed to the City of Norwich from the Best Production Company, Inc. be
determined to be in the amount of $40,200.00; that upon mutual execution of a
mortgage modification agreement, the payment of the same be and hereby is
deferred for three years to resume in November of 2013; and the first monthly
payment will be due on November 1, 2013 in the amount of $200.00, with an
annual payment of $5000.00 due on October 1, 2014 and annually thereafter.
NOW, THEREFORE, LET IT BE FURTHER RESOLVED that City Manager Alan
Bergren be and hereby is authorized and directed to prepare and record or
deliver necessary documents to effectuate a mortgage modification resulting in
the deferment of the mortgage payments due to the City of Norwich as described
herein.
Alderwoman Deb Hinchey
Alderman H. Tucker Braddock Jr.
Alderman William Nash
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RESOLUTION #2
WHEREAS, the City Hall is a landmark building with a rich history and beautiful
architecture; and
WHEREAS, two area senior groups, the R.S.V.P. group of United Community & Family
Services and Norwich Senior Center have expressed interest in volunteering to greet,
introduce and give tours to visitors to City Hall; and
WHEREAS, these docents will all be uncompensated volunteers, setting their own
schedule ,organizing and operating independently of existing City Hall operations and
staff; and
WHEREAS, said docents shall have their base of operations in the information booth on
the first floor of the City Hall building.
NOW, THEREFORE BE IT RESOLVED, the Council of the City of Norwich hereby
authorize City Manager Alan H. Bergren to facilitate the organization of the docent
volunteer groups.
Alderman H. Tucker Braddock Jr.
Alderwoman Deb Hinchey
RESOLUTION #3
WHEREAS, Edward Seder has been a member of the Harbor Management Commission
since its establishment by ordinance on September 4, 1991; and
WHEREAS, his insight and recollection of harbor history and the surrounding areas
provides an invaluable contribution to the Commission; and
WHEREAS, the Commission wishes to honor Mr. Seder’s long history of serving the
City as a volunteer on the Harbor Management Commission.
NOW, THEREFORE BE IT RESOLVED, that Edward Seder be, and hereby is,
appointed as a non-voting, honorary lifetime member of the Norwich Harbor
Management Commission.
Alderman Pete Desaulniers
Alderman H. Tucker Braddock Jr.
City Manager Alan H. Bergren
RESOLUTION #4
WHEREAS, the Commission on the City Plan, at least once every ten years,
prepares or amends and adopts a Plan of Conservation and Development for
the City; and
WHEREAS, the City of Norwich will be seeking submissions from qualified
planning consultants for professional services in order to assist the City in
the process of updating the current 2003 Plan of Conservation and
Development; and
WHEREAS, it has been proposed that the selection of the qualified planning
consultant be determined through an interview process conducted by a
subcommittee of the Commission on the City Plan to consist of two members
of the Commission on the City Plan appointed by the Commission, two
members of the City Council appointed by the Council, one member of the
general public appointed by the Council and staff from the City of Norwich
Planning Department and the Norwich Community Development
Corporation; and
WHEREAS, said subcommittee will create a shortlist of no less than three
qualified planning consultant firms to be interviewed after which the
subcommittee shall rank these firms and select the most qualified; and
WHEREAS, after selection of the most qualified firm the City of Norwich
through the office of the City Manager and Corporation Counsel shall attempt
to negotiate a contract for specific professional services based upon a
detailed scope of services and if a satisfactory contract cannot be reached,
continue the process with the remaining firms in order of ranking; and upon
the reaching of a satisfactory contract present the same to the Council of the
City of Norwich for its approval prior to initiation of work on the project.
NOW THEREFORE BE IT RESOLVED that Deb Hinchey and Laurie Glenney‐
Popovich be appointed to said subcommittee as council members
representatives; and
BE IT FURTHER RESOLVED that Keith Ripley be appointed as a member of
said subcommittee.
MAYOR PETER A NYSTROM
ORDINANCE #1
AN ORDINANCE AMENDING THE VOLUNTEER FIREFIGHTERS' RELIEF FUND OF THE
CITY OF NORWICH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that:
WHEREAS, the Norwich City Council, pursuant to Connecticut General Statutes §7-148(c)(5)(A),
adopted a Volunteer Firefighters' Relief Fund Plan on 11/9/87; and
WHEREAS, Section 8-71 of the Norwich Code of Ordinances adopts by reference Article I through XIII,
inclusive, as contained in the Volunteer Firefighters' Relief Fund Plan as the complete rules and
regulations of the Relief Fund for volunteer firefighters in the City of Norwich; and
WHEREAS, the purpose of this ordinance is to adopt amendments to said Volunteer Firefighters' Relief
Fund Plan; and
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Norwich, that the following
amendments to the Volunteer Firefighters' Relief Fund Plan be adopted as amendments to the rules and
regulations of the Relief Fund Plan for volunteer firefighters of the City of Norwich:
Articles I, II, III, IV, V, VI, VIII, IX, X and XII are amended as set out herein:
Article I, Sections 1.6, 1.21
Article II, Section 2.2
Article III, Sections 3.2, 3.3
Article IV, Sections 4.1, 4.3, 4.3.1
Article V, Section 5.1
Article VI, Sections 6.2, 6.5
Article VIII, Sections 8.1, 8.1.2, 8.2
Article IX, Sections 9.1, 9.3
Article X, Section 10.1
Article XII, Section 12.1
SECTION 1.6 “Credited Interest” means interest earned on the Member’s contributions, compounded
annually monthly at a rate of 5% 3% from the end of the year of deposit per annum.
SECTION 1.21 “Volunteer”, “Volunteer Firefighter” or “Active Member”, means any Member of any
the Volunteer Firefighters' Department Recognized Department of the City of Norwich who performs
services as a Volunteer Firefighter for the benefit of the Town Consolidated District. Such Volunteer must
respond to 20% of all emergency calls, fires, etc. or 150 calls, whichever is less, as well as 20% or a
minimum of 20 hours of training sessions and drills as required to maintain the status of Volunteer
Firefighter. The term “Active Member” shall include Cadet Firefighters who are 16 or 17 years of age.
A Cadet Firefighter may buy back Credited Service performed as a Cadet within one year following
his/her 18th birthday.
SECTION 2.2 Becoming a Member – A Volunteer eligible to participate in the Plan shall become a
Member of the Plan by contributing $180.00 $216 for each calendar year of Credited Service. The timing
and manner of the contribution shall be prescribed by the Committee. Forms agreeing to such contribution
will be provided by the Committee.
SECTION 3.2 Disability Benefit Date - Any Member who has completed ten (10) years of Credited
Service and who is determined to be have become totally and permanently disabled in the line of duty
may commence to receive his/her benefits prior to his Benefit Date, which date may be the first day of
any month six months subsequent to the date of such determination of disability. Such date will be called
his Disability Benefit Date.
SECTION 3.3 Deferred Benefit Date
[Second Paragraph]
A Member who qualifies for benefits under 3.1 may begin to receive benefits at his/her benefits at his/her
Benefit Date even though he/she continues Volunteer Service to the City. Members who qualify for
benefits and continue to provide Volunteer Service after that date may continue to earn credit up to a
maximum of 35 40 years. No additional years of credit are earned for benefit eligibility for members who
are not Active Firefighters as of January 1, 2006 January 1, 2011.
SECTION 4.1 At Benefit Date
[Third Paragraph]
Effective January 1, 2006 January 1, 2011, for retirements on or after that date, the monthly benefit shall
be increased to $15.00 $18 from the $10.00 shown in the prior paragraph. The maximum years of
Credited Service shall be increased to thirty-five (35) 40 years also effective at that date. Volunteers who
commence benefits prior to that date and do not have Volunteer Firefighter status subsequent to January
1, 2006 January 1, 2011 shall remain at the$7/ $8 /$10/ $15 level.
[Fourth Paragraph]
Effective January 1, 2006 January 1, 2011, Members who have commenced receiving benefits or have
attained 20 years of Credited Service, and who continue to earn Credited Service as Volunteer
Firefighters, will have their benefits adjusted to reflect this increase. These Members with 35 Years of
Service will be eligible to buy back up to five additional years of Credited Service at the rate of $180.00
$216 per year, for a maximum of thirty-five (35) 40 years. This buy back period will take effect for a 90
day period following the adoption date of the amendments to the Plan.
SECTION 4.3 At Disability Benefit Date - The annual benefit of a Member who retires on a Disability
Benefit Date shall be computed in accordance with Section 4.1 but shall be based on the maximum 35 40
years of Credited Service.
SECTION 4.3.1 Disability related to a Department-Related Injury- A Member who cannot perform
his/her duty as a result of a department-related injury shall have their percentage of attendance adjusted
according to time lost. Any injury sustained that is not department-related, does not qualify for any time
lost adjustment to attendance/participation percentages. Reference City of Norwich form(s) regarding
injured or disabled Volunteer Firefighters.
SECTION 5.1 Normal Form of Payment – Benefit payments equal to one-twelfth of the Member’s
annual benefit shall be made monthly commencing on the Member’s Disability Date or Benefit Date
Month or the date a Member who performs service beyond his/her Benefits Date elects to have such
payments commence, and continuing to the last day of the month in which the Member’s death occurs. At
the discretion of the Committee, payments may be made on a less frequent basis.
No retirement benefits paid under this plan may commence prior to January 1, 1989.
For all members retiring on or after January 1, 2011, all Benefit payments shall be made via direct deposit
and the direct deposit advices shall be delivered electronically to the members.
SECTION 6.2 Failure of Beneficiary to Survive - In the event there is a death benefit payable under this
Plan and there is no Beneficiary surviving the Member, the death benefit shall be payable in a lump sum
to one or more of the surviving persons designated by the Committee in the order of preference named:
The Member's (1) spouse, (ii) children, (iii) grandchildren, (iv) parents, (v) brothers or sisters, and (vi)
executors and administrators the Member’s estate.
SECTION 6.5 Pre-Retirement Spouse’s Death Benefit – Upon the death of an active Member who dies
as a result of Volunteer service to the City of Norwich, his/her surviving spouse, as defined by
Connecticut State Statute, shall receive a death benefit equal to the current maximum available payment
per month. This benefit shall be payable to the Member’s surviving spouse until death or remarriage. If a
death benefit is payable in accordance with this Section 6.5, there shall be no death benefit payable to the
deceased Member’s Beneficiary as described in Section 6.3 and 6.4 hereof.
SECTION 8.1 Member's Contributions - Commencing January 1, 2006 January 1, 2011, the Member
contributions shall increase to $180 $216 per year, payable at the rate of $15 per month annually upon
completion of the qualifying year. Effective also at that date, contributions may be paid for a maximum of
35 40 years.
SECTION 8.1.2 Military Service Buy Back Option - A Member with at least seventeen (17) 16 years of
credited Plan service may purchase up to three (3) four years of military service time. Buy back may be
purchased at a rate of $180.00 $216 per year. This time may be directly applied toward Plan credited
years of service.
SECTION 8.2 City's Contributions - The Committee shall, at least once every 3 two years, have an
actuarial valuation by an Actuary of the Assets and Liabilities of the Plan and the required contributions
from the City, which in addition to contributions of the Members, will be adequate to finance the benefits
under this Plan. On the basis of such valuation, the City shall pay each year to the Committee an amount
which will meet the actuarial cost of the current service and, until it is amortized, the unfunded actuarial
accrued liability. Effective July 1, 2006 the City shall make a minimum annual contribution in the amount
deemed necessary and appropriate by actuarial evaluation to maintain the Relief Fund Plan's fiscal
viability. Any monies appropriated before the Effective Date shall remain with the Plan.
SECTION 9.1 Eligibility for a Disability Benefit – A An Active Member who has completed at least 10
years of Credited Service and is deemed to be permanently and totally disabled as defined in Section 1.8
while performing Volunteer service for the City shall be entitled to a Disability Benefit as hereinafter
outlined.
SECTION 9.3Amount of Disability Benefit - The annual amount of Disability Benefit payable to a
Member eligible for such benefit shall be determined in the same manner as his/her Benefit based on the
maximum of 35 40 years of Credited Service.
SECTION 10.1 The Relief Fund Committee shall be made up of twelve people as follows:
i) One Chief from each Recognized Volunteer Fire Departments, not to exceed five.
ii) The Personnel Human Resources Director
iii) The City Comptroller
iv) The City Manager
Each of the above may designate a person to serve in his stead.
v) One Member of the Personnel and Pension Board, designated by that Board
vi) Two (2) members representing the citizens of the City of Norwich who must reside in the Town
Consolidated District, appointed by the Council of the City of Norwich.
vii) The immediate past Chairman (Ex-Officio).
SECTION 12.1 Amendment
[Last paragraph]
No amendment improving the benefits paid hereunder shall be made before January 1,
2010 January 1, 2015.
MAYOR PETER A NYSTROM
ORDINANCE #2
ALDERMAN H TUCKER BRADDOCK
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