City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 A regular meeting of the Council of the City of Norwich was held January 18, 2011 at 7:30 PM in Council Chambers. Present: Aldermen Braddock, Nash, Hinchey, Popovich and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Absent: Alderman Desaulniers, and Alderwoman Caron. Ald. Hinchey read the opening prayer and Ald. Braddock led the members in the Pledge of Allegiance. Mayor Nystrom read the following proclamation to be presented on January 30, 2011 at the NFA Football banquet at the request of the coaches because of the inclement weather and school being closed today. City Of Norwich Office of the Mayor Peter Albert Nystrom PROCLAMATION WHEREAS, under the guidance and leadership of Jamal Davis, Head Coach, the coaching staff and Co- Captains; Nick Cipriano, Eli Couture, Anthony Facchini, Brett Salter and all of the Seniors; Zachary Beauchesne, Matthew Digby, Brian Duggan, Devon Fargo, Berny Felix, Jeffrey Gilles, Harrison Holzschlog, Hector Huertas, Peter Kelly, Jaron Russell, Michael Shankle, Jacob Sharp, Colin Smith, Jeffrey Smith, Matthew Tio and Alexis Viveros-Hernandez, the Norwich Free Academy Football Team has grown; and WHEREAS, Norwich Free Academy Football Team working together, trained and practiced, showing their dedication to their school, their team, themselves and to all that attended the games. They showed what great players they are as they won game after game and finished a perfect season with a 20-14 victory over New London High School in the 149th meeting of the Nation’s oldest high school football rivalry; and WHEREAS, through Norwich Free Academy Football Team’s hard work and dedication they worked to clinch the Eastern Connecticut Conference Large Division title and the Rose City is proud of their team; and WHEREAS, we commend the Norwich Free Academy Football Team and all the players, managers and coaches for their dedication and commitment to the sport and to those principles of good sportsmanship and team play which such activity endorses and for the honor that they have brought to themselves, their school and our community. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 NOW THEREFORE, I, MAYOR PETER A. NYSTROM, NORWICH CITY COUNCIL PRESIDENT PRO TEM, PETE DESAULNIERS AND ALDERMAN WILLIAM NASH ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby proclaim Monday, January 18, 2011 as Norwich Free Academy Football Day in the City of Norwich. Dated this Eighteenth Day of January, 2011 Peter A. Nystrom Pete Desaulniers William (Bill) Nash Mayor President Pro Tem Alderman Bill Champagne gave an oral report asking the Council to apply for a grant for $17,500 to do a study on the property at Indian Leap. Upon motion of Ald. Nash , seconded by Ald. Braddock, it was unanimously voted to receive a report from the Commission on the City Plan CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 Telephone: (860) 823-3739 Fax: (860) 823-3741 E-mail: mschaefer@cityofnorwich.org Ralph Page, Chairman Jeremy Booty, Vice-Chairman December 23, 2010 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH C.G.S. 8-24 Referral: AN ORDINANCE AMENDING SECTIONS 17.1.7 AND 17.1.9 OF APPENDIX A, ZONING, OF THE CODE OF ORDINANCES OF NORWICH, CONNECTICUT At the meeting of the Council of the City of Norwich (Council) held on November 15, 2010 the ordinance described above was introduced and referred to the Commission on the City Plan (Commission) for a report pursuant to Chapter XV, Section 4 of the City Charter. The Commission on the City Plan, at its December 21, 2010 special meeting reviewed the above- referenced referrals. Seated were Chairman Ralph Page, John Mathieu and Les King. After discussion and careful consideration, the Commission voted unanimously to forward a FAVORABLE recommendation, as the proposed appropriation of funds are consistent with the goals and objectives set forward in the Plan of Conservation and Development as follows: 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 In reaching the favorable recommendation, the Commission determined that the proposed change would give the City easier access to funds and more control over abandoned projects. If you have any questions, please contact the Planning Director or City Planner. Respectfully submitted, Ralph Page, Chairman Mayor Nystrom called for a public hearing on AN ORDINANCE AMENDING SECTIONS 17.1.7 AND 17.1.9 OF APPENDIX A, ZONING, OF THE CODE OF ORDINANCES OF NORWICH, CONNECTICUT. There were no speakers in favor. Speaking in opposition: David Crabb, 47 Prospect St., referred to the saying “if I had his money, I would burn mine” and he suggested putting a moratorium on these proposed fees to prevent the constant changes. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a public hearing on 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 There were no speakers in favor. Speaking in opposition: Rodney Bowie, 62 Roosevelt Ave., initially thought this was a good idea but it does not pertain to the CCD. He lives in the CCD and pays for it, volunteers do not. If it doesn’t benefit the people in the CCD he doesn’t want it. David Crabb, 47 Prospect St., favors and opposes this ordinance. He would favor it if it was a tax cut across the board. He suggests waiting until the budget comes out before deciding on this. Gerry Martin, Gillette Rd., stated under better economic times he would be in agreement with this. There being no further speakers Mayor Nystrom declared the public hearing closed. Ald. Braddock made a motion, seconded by Ald. Nash, to waive the reading of the following ordinance introduced by Ald.Braddock: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 On a roll call vote, the above ordinance was unanimously passed. Ald. Nash made a motion, seconded by Ald. Braddock, to waive the reading of the following ordinance introduced by Mayor Nystrom: 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: 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 (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. (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. The motion passed on a vote of 4-1 with Ald. Popovich voting in opposition. The following letter of resignation was accepted by the Council from Charles K. Norris: December 16, 2010 Honorable Peter Nystrom City Hall 100 Broadway Norwich, CT 06360 Dear Mayor Nystrom: As you know, on January 5, 2011, I will be sworn in as Judge of Probate for the Norwich Regional Probate Court. As a result of the appointment, I am not permitted to hold another elected position. Therefore, I must step down from my position as a member of the Norwich Board of Education. Having served for over 11 years, I leave this position with deep regret. During my time served on the Board of Education, I have had the opportunity to work with, and learn from, a group of wonderful people. The staff, administration and volunteers who allow the schools to operate on a daily basis are an asset to our City. Thank you for the cooperation and assistance that you and the City Council have provided to the Board of Education. I can assure you that the efforts are appreciated by everyone involved, and especially the families of Norwich. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 Although I leave the Board of Education with a heavy heart, I look forward to the new challenges and opportunities that have been made available to me. I anticipate remaining involved with our City for many years in the future. Very Truly Yours, CHARLES K. NORRIS cc: Superintendent Abby Dolliver Atty. Michael Driscoll, Corporate Counsel City Manager Bergren gave his report as follows: DATE: January 18, 2011 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Upcoming Events/Meetings ♦ The Mayor’s next meeting with the public will be held on Saturday, February 5, 2011 from 9:00 A.M. to 12:00 P.M at the City of Norwich Fire Department. For a complete 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. ♦ The next Team Norwich meeting originally scheduled for Wednesday, January 19, 2011 at 7:30 A.M. has been re-scheduled to this Saturday, January 22, at 9:00 A.M. in the City of Norwich Fire Department. The Mayor has re-scheduled this meeting from a Wednesday to Saturday to allow easier access for the Council and public. ♦ The Sachem Fund will not be held on Wednesday, January 19, 2011 and is re-scheduled to Wednesday, January 26 at 6:30 P.M. in Room 210 of the Norwich City Hall. 2. Finance Announcements ♦ The auditors for the City will be discussing the audit report with the Council at the first Council meeting in February on the 7th. ♦ See attached press release regarding January taxes. 3. Human Services Free Income Tax Prep The Human Service Department will be offering free income tax preparation and e-filing to low and moderate income Norwich residents beginning February 1, 2011 through April 8th. Call 823- 3778 to schedule an appointment. See attached flyer. 4. Public Works Snow Removal Budget 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 Due to the latest storms we have exceeded 60% of the snow removal budget with the rest of the winter ahead of us. Public Works Director Barry Ellison furnished the attached report on same. Mayor Nystrom called for citizen comment on resolutions. City Manager Bergren, withdrew resolution #9 relative to appropriating $2,500 from the demolition account to pay for the demolition at 24 John St., because it is being secured by a lien against the property. Keith Ripley, 9 Meadow Lane, issued two handouts that suggests the uses of Bishop School, Greenville School and Otis Library for some sort of community center use which would be make resolution #10 premature. Andy Depta, 105 Vergason Ave., echoed Mr. Ripley’s comments and would like resolution #10, deferred, amended or tabled as written. He feels that this decision needs to be voted upon and will push for that to happen if need be by petition etc. Beryl Fishbone, 19 Bliss Place, agreed with the previous speakers. The economic times are difficult now and that real numbers and explanations of the whole proposal should be made public. Programs can begin now, we don’t need the building for the programs to start. The public needs to see firm numbers and we need to know what it is going to cost us. Gerry Martin, 14 Gillette Rd., agreed with the previous speakers on resolution #10. In regards to resolution #7 he would like to see this going toward improvements and would like more details. Mike Nelson, 38 Baltic Road, stated that in regard to resolution #10 he worries that we have gotten ourselves into a money pit with a building in need of many repairs, and not enough parking. We need to see more facts and figures. He made a comparison to the Town of Mansfield that recently constructed a new community center and just recently had to invest another $20,000 into a problem with the ventilation system. There are always unexpected repairs. Tom Marien, 51 White Plains Road, expressed resolution #10 is putting the cart before the horse. Any action to purchase this building is premature without thorough due diligence. No firm analysis of the total cost to bring the building up to standard has been done. He is not convinced that the demise of the YMCA was just mismanagement. The feasibility study used to support this is over 10 years old so updated numbers would have to be developed. Brian Curtin, 148 Broad St., favored resolution #10, bonding for the YMCA as it would provide one less blighted property downtown. Once we own the building it opens up the opportunities for grants that are not available now. This city’s debt is so low that the $800,000 would not even make a dent in our debt amount. Pass this and move forward. Bev Goulet, Director of Human Services, strongly supports resolution #10 as it will provide a strong public/private partnership. John Wong, CACAA, conveyed a message that his association held a meeting and they were in 100% support of this project. 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 Linda Snarski, 15 Mish Drive, supported resolution #10 as she feels the YMCA is a gem in Norwich and even though it is presently tarnished it will come back once it is opened again. The YMCA has always been used by her and several members of her family in various ways. If this building is obtained hopefully we can get the NFA swim team back. Rodney Bowie, 62 Roosevelt Ave., opposes resolution #10. With the economy not getting any better, we are in debt up to our eyeballs. He doesn’t see us getting a lot of state or federal money because of our debts. He questions how many people will actually be benefiting from these programs. Brian Kobylarz, 16 Hobart Ave., suggested that a citizen poll be circulated throughout the city via NDPU monthly bills. Do a little homework and gather the information. There is no need to jump the boat as he feels there is time. Sam Browning, 671 Scotland Rd., is against resolution #10 for the same reasons as the previous speakers. We should not be in a rush as it can wait. We can not assume we are going to get any grants. This project is a nicety not a necessity. Joanne Philbrick, 10 Elm Ave., is concerned about resolution #10. She does not see the word negotiate anywhere in this resolution. She sees authorization to enter into a purchase and sales agreement. She has been told there currently is no sales agreement. This is premature and the City of Norwich is reactive not proactive. The process is flawed. She questions why this cannot go for a vote to get an idea of what the people really want or do not want. Rob Kudej, 10 Huntington Lane, favors the purchase of the YMCA. How do we attract people when we have so little to offer? We must make Norwich a desirable place to live by being proactive and start taking action. David Crabb, 47 Prospect St., opposed resolutions #7 and #10 as we need more details. Last year a similar resolution was generated that became a memorial for Mr. Aliano. Resolution #10 should be something that is shared between the Board of Ed and the Recreation Department. The Reid and Hughes experiment required that this be an all cash deal. Use the Capital budget in conjunction with pay as go. Everyone has great expectations. Ross Anderson, Caribou Drive, favored resolution #10. This is a really important catalyst for the City of Norwich. This has so much positivity connected to it for all ages and cultures. This project opens up a huge opportunity and it is time to show the enthusiasm that has been about this building. Ron Ward, 121 Golden St., favored resolution #10 and the ordinance on the same subject. This Council understands that we have to move on economic development. This sends a message that Norwich is a good family friendly town. This location is a very important gateway of our city and if developed it will bring tremendous opportunities to our families. Joseph Molcan, Hansen Rd., opposes resolution #10. We have too many upcoming expenses already. This is the responsibility of the Mayor through economic development. He would like the Council to put themselves on this side of the podium and do what is right for the taxpayers. We already know we have a tight budget facing us. Why do we need another expense? 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 There being no further speakers, Mayor Nystrom declared citizen comment closed. Upon motion of Ald. Nash, seconded Ald. Popovich, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: BE IT RESOLVED that Jeremy Minter be and is herby appointed to fill the vacancy on the Board of Education created by the election of Mr. Charles Norris as Judge or Probate, for the remainder of his term, as recommended by the Republican Town Committee. Upon motion of Ald. Hinchey, seconded Ald. Nash, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock, Desaulniers and Hinchey: NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that the following be re-appointed to the Board of Assessment Appeals for the terms set opposite their name, each term continuing until a successor is appointed: Democles Angelopolos June 1, 2012 Les B. King June 1, 2012 Dennis Riley June 1, 2013 Upon motion of Ald. Nash, seconded Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: BE IT RESOLVED that John P. John be appointed to the Personnel and Pension Board as an alternate member for a term to expire on March 01, 2011 or until a successor is appointed. Upon motion of Ald. Hinchey, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Desaulniers, Hinchey, and Caron: BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that the following be re- appointed as regular members of the Commission on the City Plan for terms to expire on 02/29/2012 or until successors are appointed; Jeremy D. Booty P. Michael Lahan Ralph Page AND, BE IT FURTHER RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that the following be re-appointed as regular members of the Commission on the City Plan for terms to expire on 02/28/2013 or until successors are appointed; Frank Manfredi Arthur Sharron 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 AND, BE IT FURTHER RESOLVED, that the following be appointed as alternate members of the Commission on the City Plan for terms to expire on 02/28/2013 or until successors are appointed; John Matthew Les B. King Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: BE IT RESOLVED that the below named be re-appointed as regular members of the Community Development Advisory Committee with a term to expire on December 31, 2011 or until a successor is appointed: Robert McKeon (D) John J. Mathieu (D) Democles Angelopoulos (D) Les King (R) Lynn Norris (R) Edward Derr (D) Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: BE IT RESOLVED that Barry Ellison be appointed to the SE CT Regional Resource Recovery Authority as a member for a term to expire on December 31, 2011 or until a successor is appointed and that Patrick McLaughlin be appointed to the SE CT Regional Resource Recovery Authority as an alternate member for a term to expire on December 31, 2011 or until a successor is appointed. Ald. Braddock made a motion, seconded Ald. Hinchey, to adopt the following resolution introduced by Ald. Braddock and Desaulniers: WHEREAS, the City of Norwich received a Boat PILOT grant from the Connecticut Office of Policy and Management in December 2010 in the amount of $7,193.72 which was not anticipated and which was deposited into the General Fund; and WHEREAS, said Boat PILOT grants have been used by the Harbor Commission in support of its programs and the Harbor Commission proposes to use said sum for commission expenses, planning activities, and minor improvements to the Norwich Harbor. NOW, THEREFORE BE IT RESOLVED, by the Council if the City of Norwich that $7,193.72 be, and hereby is, appropriated from the Contingency Account 01090-80086 to support the Harbor Commission. The above resolution passed on a 4-1 vote, with Ald. Popovich voting in opposition. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 Upon motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren: WHEREAS, Norwich Public Schools closed the William A. Buckingham and Greeneville Schools in September 2010; and WHEREAS, the Public Works Department assumed the responsibility to maintain and secure these buildings once these buildings stopped being used as school facilities; and WHEREAS, the Public Works Building Maintenance Division is incurring costs which were not contemplated when developing its 2010-11 budget to maintain these two buildings. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that a sum not to exceed $18,500 be and hereby is transferred from General Fund Contingency account # 01090- 80086 to the Public Works Building Maintenance Division budget to pay for maintenance costs for the William A. Buckingham and Greeneville Schools. Upon a motion by Ald. Braddock, second by Ald. Popovich, it was unanimously voted to go into Executive Session for the purpose of discussing the purchase of properties to support a recreation program and/or other public use in Norwich, including discussion of real estate appraisals and engineering and feasibility estimates and evaluations, when publicity about such would cause a likelihood of an increased price. City manager, Alan H. Bergren, Comptroller, Joseph Ruffo, Deputy Comptroller, Josh Pothier, Corporation Counsel, Michael Driscoll and Recreation Director, Luis DePina, shall be asked to participate during all or portions of this Executive Session at the request of the City Council. The council was in Executive Session from 9:38 PM to 10:15 PM, at which time Mayor Nystrom stated no votes were taken. Upon motion of Ald. Hinchey, seconded by Ald. Popovich, it was unanimously voted to table, waive the reading, and to refer to the Commission on the City Plan and set a public hearing date of February 7, 2011, for the following resolution introduced by Mayor Nystrom and Ald. Desaulniers: WHEREAS, the Council of the City of Norwich by resolution adopted December 21, 2009 directed City Manager Alan H. Bergren to enter into discussions with such parties as he found appropriate for the purpose of negotiating a lease with option to purchase provision for the former YMCA facility at 337-341 Main Street; and WHEREAS, City Manager Alan H. Bergren has had ongoing discussions with various parties including the Chelsea Groton Bank which is likely to become the owner of the property through an ongoing foreclosure action; and WHEREAS, any sale of the property by the bank to the City of Norwich would be contingent upon the banks acquisition of property through the foreclosure action and the City’s appropriation of monies to acquire the property through a bond issue; and 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 WHEREAS, City Manager Alan H. Bergren and the Chelsea Groton Bank have negotiated a purchase price for the property of approximately $425,000, the exact figure to be determined when title vests to the Chelsea Groton Bank; said figure not including a netting out of real estate taxes and assessments which have come due on the property since the discontinuance of its use as a YMCA. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager Alan H. Bergren be and hereby is authorized and directed on behalf of the City of Norwich to enter into, receive and deliver a purchase and sale agreement with the Chelsea Groton Bank, said agreement in general conformance to the terms and conditions described in this resolution. Upon motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to introduce, waive the reading, and set a public hearing date of February 7, 2011 for the following ordinance introduced by Ald. Braddock: AN ORDINANCE AMENDING SECTION 2-56 OF THE NORWICH CODE OF ETHICS, SAID SECTION ENTITLED ADVISORY OPINIONS WHEREAS, Section 2-56 Advisory Opinions of the Norwich Code of Ethics permits any officer, official or employee of the City of Norwich upon written request, to seek an advisory opinion from the Ethics Commission as to the application of any provision of the Code of Ethics to a particular situation or to seek an interpretation of any such provision; and WHEREAS, Section 2-56 provides that no such advisory opinion shall contain the names or the positions of the persons involved; and WHEREAS, there is a reasonable likelihood certain advisory opinions will be required to disclose, directly or indirectly, the names or the positions of the persons involved or requesting the opinion; and WHEREAS, limiting the dissemination of an advisory opinion to the requesting party in such circumstances would conflict with the requirements of the Connecticut Freedom of Information Act. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2-56 of the Code of Ethics be amended by deleting the sentence “No such advisory opinion shall contain the names or the positions of the persons involved” from the ordinance as follows:. Section 2-56 ADVISORY OPINIONS. Any officer, official or employee may seek from the commission, upon written request, an advisory opinion as to the application of any provision of this article to a particular situation or as to an interpretation of any such provision. No such advisory opinion shall contain the names or the positions of the persons involved. The commission shall act on a written request within sixty (60) days of receipt. Such action may be an affirmative vote to decline ruling on the matter. In the event the commission fails to achieve a majority vote for any proposal, such failure shall be construed as an 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 affirmative vote to decline ruling on the matter. The city clerk shall maintain a file of advisory opinions. Purpose: (To delete from the Code of Ethics a provision requiring that advisory opinions not contain the names or the positions of the persons involved as this provision has proven impractical to implement.) Upon motion of Ald. Braddock, seconded by Ald. Nash, it was unanimously voted to introduce, waive the reading, refer to the Commission on the City Plan and set a public hearing date of February 7, 2011 for the following ordinance introduced by City Manager Bergren: AN ORDINANCE APPROPRIATING $800,000 FOR THE PURCHASE AND RENOVATION OF THE NORWICH YMCA PROPERTY AND AUTHORIZING THE ISSUE OF $800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: The sum of $800,000 is appropriated for the acquisition of the land and buildings of 337-341 Main Street, Norwich, Connecticut, as more fully described in that certain Title Insurance Policy No. 72107-73546619 issued by Chicago Title Insurance Company on April 27, 2007, commonly known as the Norwich YMCA, and for stabilization, preservation and renovation of the property and building, and for engineering, consulting fees, appraisals, testing, commissions, environmental remediation, surveying, title insurance and such other expenses necessary or appropriate for such acquisition, and including administrative, advertising, printing, legal and financing costs (the “Project”). The Project shall be used for such purposes as determined by the Council from time to time. The remainder of said ordinance sets forth among other details concerning the authorization and issuance of bonds, expected sources of financing, authorizes the issuance of taxable and tax exempt bonds, notes and other applicable borrowings to meet the appropriation, describes the manner in which borrowing shall be issued, states that the proposed issue is within any debt limit prescribed by law, and that the principal and interest on the proposed issue are to be paid from property taxation to the extent not paid from other available funds and the full faith and credit of the City are pledged to such payment, contains sections necessary to meet the requirements of the Internal Revenue Code and the Securities and Exchange Commission, states that the percentage, if any, of the project costs expected to be paid from sources other than the proposed bond ordinance, and that the project is a benefit to the City and its general governmental purposes. Upon motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to introduce, waive the reading, refer to the Commission on the City Plan and set a public hearing date of February 7, 2011 for the following ordinance introduced by City Manager Bergren: AN ORDINANCE REPEALING AN ORDINANCE ENTITLED: “An Ordinance Appropriating $560,000 For The Planning, Acquisition And Construction Of Backwash Systems For The City’s Water Treatment Plants In Lebanon (Deep River) And Montville (Stony Brook) And Authorizing The Issue Of $560,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose” 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1: An ordinance entitled “An Ordinance Appropriating $560,000 For The Planning, Acquisition And Construction Of Backwash Systems For The City’s Water Treatment Plants In Lebanon (Deep River) And Montville (Stony Brook) And Authorizing The Issue Of $560,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the City Council on June 2, 2008, is hereby repealed. Such repeal shall not affect the validity of any other ordinance concerning the facilities or improvements contained in the foregoing repealed ordinance, including but not limited to any ordinance authorizing the financing of such improvements with water revenue bonds. Mayor Nystrom introduced two additional ordinances. Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to introduce, waive the reading, and set a public hearing date of February 7, 2011 for the following ordinance introduced by Mayor Nystrom: AN ORDINANCE EXEMPTING AHEPA 110, INC. and AHEPA 110-II, INC., ENTITIES AFFILIATED WITH THE ORDER OF AHEPA, ROSE OF NEW ENGLAND CHAPTER, NO. 110, FROM PAYMENT OF CITY TAXES DUE AND PAYABLE ON THE GRAND LIST OF OCTOBER 1, 2010 AND SUBSEQUENT INSTALLMENT OF TAXES ON PROPERTY AT 370 HAMILTON AVENUE, NORWICH, CONNECTICUT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: SECTION 1 The city of Norwich grants to AHEPA 110, Inc. and AHEPA 110-II, Inc, a tax abatement for all property taxes on the Grand List of October 1, 2010, except for an annual payment of $100.00, for the AHEPA Phase II development of the property at 370 Hamilton Avenue, Norwich, Connecticut, pursuant to a tax abatement agreement to be entered into between AHEPA 110, Inc. and AHEPA 110-II, Inc. and the city of Norwich. SECTION 2 Monies equal to the amount of such abatement shall be used solely by AHEPA 110, Inc. and AHEPA 110-II, Inc for one or more of the following purposes with respect to the property at 370 Hamilton Avenue: a) To reduce rents below the levels which would be achieved in the absence of such abatement; b) To improve the quality and design of such housing; and c) To provide necessary related facilities and services in such housing. SECTION 3 Such abatement shall continue so long as AHEPA 110, Inc. and AHEPA 110-II, Inc remain in compliance with said tax abatement agreement but shall nonetheless terminate at any time when such housing, land or project is not held solely for housing for the elderly and the handicapped or when said housing ceases to fulfill the purposes stated in sections 8-215 and 8- 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 216 of the Connecticut General Statutes or upon October 16, 2037 which is forty (40) years after the issuance of a certificate of occupancy permitting housing at said project, whichever occurs first. Purpose: To abate taxes due on the AHEPA Phase II development at 370 Hamilton Avenue pursuant to Connecticut General Statutes Section8-215 and 8-216. Upon motion of Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted to introduce, waive the reading, and set a public hearing date of February 7, 2011 for the following ordinance introduced by Mayor Nystrom: AN ORDINANCE EXEMPTING AHEPA 110, INC. and AHEPA 110-III, INC., ENTITIES AFFILIATED WITH THE ORDER OF AHEPA, ROSE OF NEW ENGLAND CHAPTER, NO. 110, FROM PAYMENT OF CITY TAXES DUE AND PAYABLE ON THE GRAND LIST OF OCTOBER 1, 2010 AND SUBSEQUENT INSTALLMENT OF TAXES ON PROPERTY AT 370 HAMILTON AVENUE, NORWICH, CONNECTICUT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: SECTION 1 The city of Norwich grants to AHEPA 110, Inc., and AHEPA 110-III, Inc., a tax abatement for all property taxes, on the Grand List of October 1, 2010, except for an annual of payment of $100.00, for the AHEPA Phase III development of the property at 370 Hamilton Avenue, Norwich, Connecticut, pursuant to a tax abatement agreement to be entered into between AHEPA 110, Inc., and AHEPA 110-III, Inc. and the city of Norwich. SECTION 2 Monies equal to the amount of such abatement shall be used solely by AHEPA 110, Inc., and AHEPA 110-III, Inc. for one or more of the following purposes with respect to the property at 370 Hamilton Avenue: a) To reduce rents below the levels which would be achieved in the absence of such abatement; b) To improve the quality and design of such housing; and c) To provide necessary related facilities and services in such housing. SECTION 3 Such abatement shall continue so long as AHEPA 110, Inc., and AHEPA 110-III, Inc. remains in compliance with said tax abatement agreement but shall nonetheless terminate at any time when such housing, land or project is not held solely for housing for the elderly and the handicapped or when said housing ceases to fulfill the purposes stated in sections 8-215 and 8- 216 of the Connecticut General Statutes or upon December 4, 2044 which is forty (40) years after the issuance of a certificate of occupancy permitting housing at said project, whichever occurs first. Purpose: To abate taxes due on the AHEPA Phase III development at 370 Hamilton Avenue pursuant to Connecticut General Statutes Section8-215 and 8-216. 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 18, 2011 Mayor Nystrom called for citizens comment. Andy Depta, 105 Vergason Ave., reminded the Council that they still have an opportunity to send the $800,000 bond ordinance to referendum. Also he stated a vote has to be taken to amend the agenda to include additional items and it was not done this evening. His feeling is the procedure used this evening deviated from Roberts Rules of Order. Keith Ripley, Meadow Lane, requested that the presentation given by Mr. Depina over a year ago indicated that Capital Improvement money would be necessary from the budget and to please check that out. David Crabb, 47 Prospect St., referred to a TV program relating to economic development about farms. At a particular farm they had a shop located on the farm which was used as a rental area used for various occasions, ie: weddings, conferences, parties etc. This was bringing extra income to the farm and he feels this can relate to the City for extra income ideas. Ira Meisenhiemer, 57 Sholes, referred to the ordinances amending the code of ethics only applies to advisory opinions and not to anyone who makes a confidential complaint. There being no further speakers, Mayor Nystrom declared citizen comment period closed. Upon motion of Ald. Hinchey, seconded by Ald. Popovich, it was unanimously voted to adjourn at 10:38 PM. CITY CLERK 18