City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 A regular meeting of the Council of the City of Norwich was held January 3, 2011 at 7:30 PM in Council Chambers. Present: Aldermen Desaulniers, Braddock, Nash, Caron, Hinchey, Popovich and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Ald. Caron read the opening prayer and Ald. Braddock led the members in the Pledge of Allegiance. Upon motion of Ald. Nash, seconded by Ald. Popovich, it was unanimously voted to adopt the minutes from the meeting of December 6, 2010. Derell Wilson gave his oral presentation on his trip to Washington D.C. to see the president of the United States as a delegate of the 2010 US Senate program. Mayor Nystrom gave his “State of the City” address as follows: Good evening, tonight I appear before you to provide a midterm report on the progress we have made over the course of the last year. Much has changed concerning the local climate surrounding past efforts to unify and direct our city toward a brighter future. Starting in January of last year we expanded our efforts through Saturday workshops seeking to create a process that demanded more of your elected officials while at the same time inviting members of the public to accept an active role as part of this effort. From these workshops a number events have taken place over the year. We have examined concepts concerning previous efforts of past elected leaders of Norwich. Based on a number of different conversations that took place we came away convinced that we must demand a return on all investments that the general public provide. We expanded the role of locally based organizations here in Norwich inviting them to the table during early morning sessions. These parallel efforts together have created a defined sense of direction that today generates renewed interest in private investment here in our city from the private sector. The daily buzz on the corporate street represents a growing confidence in the city of Norwich and her leaders, in particular my fellow city councilwomen and men. While this result continues the public at large has provided the greatest single benefit that we could have asked for through passage of 2 municipal bonds this past November. The first bond passed demonstrates that the heart of Norwich, our downtown center is worthy of public investment and support. The people of Norwich have provided $3.8 million in the form of three programs designed to expand and promote residential, commercial and retail occupancy in downtown. This moment in time provides the single greatest missing component to implementing the plan outlined in the City of Norwich Neighborhood Revitalization Zone Strategies previously adopted on Sept. 25, 2000; that is funding to carry out the objectives as outlined. Gaining public dollars requires a long term commitment of private investment on a dollar for dollar match, generation of sustainable and measurable goals such as commercial and retail jobs and commerce, residential occupancy and compliance with all life and safety codes. These programs will be carefully managed throughout the course of the public/private partnership. The second bond passed allows our locally owned Norwich Public Utilities to expand natural gas sales here in Norwich. This generates funding for our general fund easing long term tax burdens while enhancing the City of Norwich efforts to reduce the carbon emissions in Norwich, it also provides the obvious opportunity for alternative fuel options for the general public. Last year the budget process, while painful, produced significant outcomes that we can build on this year. The most significant one being the continued strong partnership that exists between all our employees and our management team who recognize our budget solutions will be found by working and listening together as evidenced by the sacrifices made last year by our employees. Maintaining this willingness to hear how they can 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 assist us in finding additional cost savings will be more important than ever. Our city maintains one of the strongest bond ratings in the entire State of Connecticut; we have invested as a city in designing a stronger, leaner and improved elementary school system working together with our Norwich Board of Education. During this budget cycle we will be asked to support their efforts as they seek further cost saving measures throughout our entire state region. Additionally our efforts to encourage foreign investments in our city will continue. Our delegation, led by former Congressman Rob Simmons, has provided a clear and concise report that will be given a thorough review. This action will be enhanced with improvements to the city of Norwich web site; which will now provide language translation access for interested persons who wish to hear about our historic city. We are also restoring access for posting of social calendars for local organizations events through the Mayors office. During this year we will complete the new plan for economic development. This will demand of every employee and department a greater role as each of us will play a meaningful role to ensure that it is followed and implemented. Very soon you will also see improved signage throughout city hall denoting the location of each department creating a more friendly user city hall. After all this building does indeed belong to the public. As we approach this New Year, I will continue to meet with existing employers who have demonstrated true loyalty to our community by remaining such an important part of our community and I invite prospective new companies to become part of our community. As a city we stand committed to enhancing our relationship with our partners of the Sachem Fund; the Mohegan Nation, as we look for ways to celebrate the rich history and culture that can be shared. Looking forward I acknowledge that the coming months will be difficult. The election of our new Governor and Lieutenant Governor who take office tomorrow provide for us a hopeful change in direction where the State of Connecticut has been heading. Together they have been sending a very strong message to the general assembly that they must get their financial house in order. The single largest issue that the state needs to address from my perspective is the restoration of state aid for local education; Norwich must receive the state funds through the local education cost sharing formula as required by state law. Norwich families must not be asked to carry this burden. In closing we remain committed to protecting the lives and properties of our citizens while striving for every cost saving measure possible. A year ago I stated the following comment which I will update: “The future is brighter today because we have been willing to fight for it and willing to work to achieve better outcomes.” One city, one team, a shared common goal, an expanded grand list with improved job opportunities for our citizens through public/private partnerships promoted and supported because the people of Norwich said yes. On behalf of the Norwich City Council I wish to state how grateful we are for the support shown by the voters last November. Mayor Nystrom called for a public hearing on AN ORDINANCE AMENDING THE VOLUNTEER FIREFIGHTERS' RELIEF FUND OF THE CITY OF NORWICH Speaking in favor: Don Leary 119 Starr St., Rich Benoit, 136 Hunters Rd., Tom Quinlan, 75 Sunnyside St., and Marvin Serruto, Starr St. Speaking in opposition: David Crabb, 47 Prospect St., believes this is premature and that pensions across the nation needs another look. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 Speaking in rebuttal: Rich Benoit, 136 Hunters Rd., explained to the previous speaker that the ordinance goes along with the City. Upon motion of Ald. Braddock, seconded by Ald. Desaulniers, on a roll call vote, it was unanimously voted to waive the reading and adopt 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: 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 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 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. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 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 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 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. City Manager Bergren gave his report as follows: DATE: January 3, 2011 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Fiscal Year 2009-2010 Audit The audit for fiscal year 2009-2010 has been completed and copies of the report have been handed out to council members. Copies will also be available in the City Clerk’s office, Otis Library and online at 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 www.norwichct.org. The preliminary numbers from this audit indicate a collection rate for the 2010 levy that is .2% higher than last year’s. See attached press release from Comptroller, Joseph Ruffo. 2. Alfred Cohn Passing Alfred Cohn, founder of New England Glass & Mirror, a generous benefactor of the Otis Library and donor of $10,000 to the building of Norwich’s dog park which is named for his wife Ester, passed away on Saturday, December 18th at the age of 98. 3. Upcoming Events/Meetings ♦ The Mayor’ next two meetings with the public will be held on January 8th from 9 A.M. to 12 P.M. at the Occum Volunteer Fire Department and February 5th from 9 A.M. to 12 P.M. at the City Fire Department. For a listing of all scheduled meetings, please call the Mayor’s office at 823-3742. A number of City Council members join the mayor at these public outreach meetings. 4. Website Update The website has a new look with an updated header and now visitors to the site have the ability to read it in any language they choose with the click of a button. Again, work on the site continues and regular updates will be provided to the council on our progress. Mayor Nystrom called for citizen comment on resolutions. David Crabb, 47 Prospect St., opposes resolution 3 as he endorses performance evaluations but only at the end of a term. He commented on his handout stating there is no gold at the end of the rainbow. Rodney Bowie, 62 Roosevelt Ave., thinks it should be established that a yearly evaluation be done on the City Manager. To rubber stamp this is a waste of $1,000.00 and the council should be able to make the call. Keith Ripley, Meadow Lane, thought that before the current City Manager was hired it was a requirement that there be a yearly evaluation. He would like the council to reconsider the goals of looking into making downtown a safer place by using cameras. He feels there should be a chain of evaluations. The City Manager evaluates the department heads and they in turn eval the employees. Jerry Martin, Gillette Rd., stated that he has never once been asked to evaluate his boss and it should be done by an outside source. A fresh set of eyes would give a good evaluation. Ron Ward, 121 Golden St., thinks resolution 2 is a wonderful thing as they have brought lots of butterflies to the city. On resolution 3, his dealings with the City Managers office has always been exemplary. He’s not sure what is going to be evaluated as the day to day operations are carried out by department heads. Move slowly on this. There being no further speakers, Mayor Nystrom declared citizen comment period closed. Upon motion of Ald. Braddock, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 WHEREAS, the 21 West Thames Street Advisory Committee was created by a resolution adopted by the Council on March 16, 2009 and; WHEREAS, said Committee has submitted its report to the Council, and; WHEREAS, the Council has acted on said report by authorizing and directing the City Manager to solicit bids to demolish said structure known as 21 West Thames Street and to access the demolition fund to carry out the removal of said structure expeditiously and with the least disruption to traffic and such demolition has been completed. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that: The 21 West Thames Street Committee be and hereby is, dissolved with the thanks of the Norwich City Council for their dedicated service. Upon motion of Ald. Nash, seconded by Ald. Hinchey, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: WHEREAS, the Chelsea Gardens Foundation, Incorporated proposes to make a special permit application, a site development plan application and an inland wetland buffer permit application, all substantially in the forms of the documents attached hereto as exhibits A, B and C in connection with its development of the Chelsea Gardens project in Mohegan Park, and; WHEREAS, the City of Norwich is the owner of the property which is the subject of these applications. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Norwich that City Manager Alan H. Bergren be and hereby is authorized to sign said applications on behalf of the City of Norwich and to return said signed applications to the Chelsea Gardens Foundation, Inc. for due submission to the appropriate City agencies. Ald. Braddock made a motion, seconded by Ald. Nash, to adopt the following resolution introduced by Ald. Braddock: WHEREAS, Alan H. Bergren was hired as City Manager for Norwich on December 2, 2007, and; WHEREAS, the Mayor and Council have not conducted a formal evaluation of Alan H. Bergren in his performance as City Manager since his hire, and; WHEREAS, the Mayor and Council of the City of Norwich believe it appropriate to conduct such an evaluation to be completed, if possible, prior to the Manager’s budget message in April 2011, the evaluation to include an evaluation of the job description of the position, a review of Council expectations, a discussion of goals accomplished to date, goals to be accomplished and goals to be set by the Council and/or recommended by the Manager, and; WHEREAS, the Council believes that such an evaluation should be performed on annual basis. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Norwich that the sum of not more than $950.00 be appropriated from Account #01011-80015 to be used for professional services to assist it in performing the evaluation. The above resolution passed 6-1 with Ald. Desaulniers voting in opposition. Upon motion of Ald. Braddock, seconded by Ald. Nash, it was unanimously voted to waive the reading and set a public hearing date of January 18, 2011 for the following ordinance: AN ORDINANCE AMENDING SECTION 7-26 OF THE NORWICH CODE OF ORDINANCES TO AUTHORIZE THE ENTERING INTO OF INTERLOCAL AGREEMENTS FOR THE PURPOSE OF PROVIDING PROPERTY TAX RELIEF FOR VOLUNTEER FIREFIGHTERS WHO LIVE IN ONE MUNICIPALITY BUT VOLUNTEER THEIR SERVICES IN ANOTHER MUNICIPALITY WHEREAS, Connecticut General Statutes Section 12-81w permits the legislative body of any municipality to establish, by ordinance, a program to provide property tax relief for certain specified individuals, including individuals who volunteer their services as a firefighter; and WHEREAS, Connecticut General Statutes Section 12-81w also permits the legislative body of any municipality to authorize interlocal agreements for the purpose of providing property tax relief to such volunteers who live in one municipality but volunteer services in another municipality; and WHEREAS, on December 4, 2000 the Council of the City of Norwich adopted Ordinance No. 1437, codified as section 7-26 of the Norwich Code of Ordinances providing a tax abatement for volunteer firefighters as further set forth in section 7-26; and WHEREAS, said ordinance did not include a provision authorizing interlocal agreements between Norwich and another municipality or municipalities; and WHEREAS, the Council of the City of Norwich finds that the entry into an interlocal agreement with one or more municipalities sharing borders with the City of Norwich will encourage individuals residing in such municipality or municipalities to volunteer services as firefighters in a Norwich volunteer fire department and will encourage residents of Norwich to volunteer their services as volunteer firefighters in such adjoining municipality or municipalities. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 7-26 of the Norwich Code of Ordinances be amended by amending subsection c of section 7-26 of the Norwich Code of Ordinances as hereinafter set forth and by adding a subsection f to section 7-26 of the Norwich Code Ordinances as follows: (c) The Chief of each individual volunteer fire company shall submit a notarized list of all eligible members, as well as their respective level of tax abatement to the Norwich Tax Collector, or the Tax Collector of the municipality which has entered into a interlocal agreement with the City of Norwich and in which said eligible member resides, no later than March 1st of each year, in order to be eligible for a tax abatement as to taxes due on for the following July 1st grand list on the grand list of October 1st of the preceding year.. This tax abatement shall be applied only to residential property tax or personal property tax, whether such property is owned individually jointly or as tenant in common with one or more other persons. 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2011 (f) The City Manager is authorized to enter into, create, receive and deliver an interlocal agreement on behalf of the City of Norwich with one or more of the towns showing common boundaries with the City of Norwich to provide reciprocal tax abatements as set forth in this section for eligible members of volunteer fire departments who in a municipality subject to said intergovernmental agreement and provide volunteer services in another municipality subject to said agreement. The purpose of this ordinance is to permit the City of Norwich to enter into intergovernmental agreements with one or more surrounding towns whereby individuals residing in one town subject to the intergovernmental agreement but providing volunteer services as a firefighter in another town subject to the agreement will receive tax abatement provided within the town of residence for qualifying firefighting service. The amendment also clarifies the Grand List as to which such abatements will be applicable. Upon motion of Ald. Popovich, seconded by Ald. Braddock, it was unanimously voted to adjourn at 8:50 PM. CITY CLERK 10