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City Council

Regular Meeting

Norwich, CT · November 15, 2010

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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: 1 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 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 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 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 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 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 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. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 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 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 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: 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 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. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 [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 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 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: 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 15, 2010 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 13

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 2014222 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 2014222 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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