City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 2011 A regular meeting of the Council of the City of Norwich was held February 7, 2011 at 7:30 PM in Council Chambers. Present: Aldermen Desaulniers, Braddock, Caron, Hinchey, Popovich, Nash and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Desaulniers read the opening prayer and Ald. Nash led the members in the Pledge of Allegiance. Upon motion of Ald. Hinchey, seconded by Ald. Braddock, it was unanimously voted to adopt the minutes of the January 3 & 18th meetings. Mayor Nystrom withdrew ordinance two and resolution five on the proposed purchase of the YMCA. Mayor Nystrom presented the following Proclamation to Lillian Cook President of NAACP: PROCLAMATION WHEREAS, each year during the month of February, we celebrate Black History Month to broaden our knowledge and deepen our appreciation of the countless contributions African-Americans have made to our nation; and WHEREAS, while the celebration of our multi-ethnic heritage should be a year-round commitment, the designation of the month of February as Black History Month affords us the opportunity to highlight past and present African-American culture; and WHEREAS, since its inception in 1976, Black History Month has grown to become a celebration of culture and diversity that fosters appreciation of the struggles and achievements of our African-American population through the decades; and WHEREAS, it is important that public officials, educators and all of the people of our city observe this month and raise awareness of the many accomplishments of Norwich’s African-American citizens; and NOW THEREFORE, I, MAYOR PETER ALBERT 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 the month of February, 2011 as BLACK HISTORY MONTH in the City of Norwich and call upon the citizens of the Rose City and the surrounding area to observe the occasion with appropriate programs, ceremonies and activities. Dated this Seventh Day of February, 2011 Gerry Paradis from Blum Shapiro PC, gave an oral presentation on the 2010 Audit. Mayor Nystrom called for a public hearing on AN ORDINANCE AMENDING SECTION 2-56 OF THE NORWICH CODE OF ETHICS, SAID SECTION ENTITLED ADVISORY OPINIONS There were no speakers in favor. Speaking in opposition was David Crabb, 47 Prospect St. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 2011 There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a public hearing on 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” Speaking in favor was Keith Ripley, Meadow Lane. He asked to explain why this was being done and how it would be handled. Speaking in opposition was David Crabb, 47 Prospect St. He is curious as to if this is a pay as you go funding. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a public hearing on 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. Speaking in favor was Attorney Theodore Phillips, 12 Case St. He explained why this was being done. Speaking in opposition was Rodney Bowie, 62 Roosevelt Ave. and David Crabb, 47 Prospect St. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a public hearing on 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. Speaking in favor was Attorney Theodore Phillips, 12 Case St. He explained that this is a non profit organization and these are seniors on limited incomes. Speaking in opposition were David Crabb, 47 Prospect St. and Rodney Bowie, 62 Roosevelt Ave. There being no further speakers, Mayor Nystrom declared the public hearing closed. Ald. Nash made a motion, seconded by Ald. Hinchey, to waive the reading and adopt the following ordinance introduced by Ald. Braddock: 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 2011 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 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.) On a roll call vote, the above ordinance passed 7-0. Ald. Caron made a motion, seconded by Ald. Popovich, to waive the reading and adopt 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 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 2011 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: 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. On a roll call vote, the above ordinance passed 7-0. Ald. Hinchey made a motion, seconded by Ald. Nash, to waive the reading and adopt 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 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 2011 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 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. On a roll call vote, the above ordinance passed 7-0. Ald. Braddock made a motion, seconded by Ald. Caron, to waive the reading and adopt 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. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 2011 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. On a roll call vote, the above ordinance passed 7-0. City Manager Bergren gave his report as follows: DATE: February 7, 2011 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Introduction of Ordinances A question was raised by the public on the introduction of an ordinance and/or ordinances at a regular Council meeting without suspending the rules. The City Charter Chapter 5, section 10 provides that members of the Council, the Mayor and the City Manager may introduce an ordinance at any regular meeting of the City Council. The introduction of an ordinance, is for a first reading, and therefore no discussion or vote is allowed on said proposed ordinance. The only action is to set a date for public hearing and initiate the publication process. This is unlike adding a resolution, that suspending of the rules and adding to the agenda is to facilitate a discussion and action on said resolution at that particular meeting. 2. Public Works Snow Removal The Public Works Department has taken a pro-active approach to the inspection of our flat roofs. They have been inspected at least every other day during this severe weather. A crew of about 30 workers from Streets and Parks and Bldg Maintenance was mobilized to shovel the roofs at Otis, the Senior Center, City Hall, 23 Union and the Police Department on January 31st in anticipation of potential roof failures. In addition snow removal operations continue in downtown areas, intersection clearing as well as widening narrow streets. 3. Emergency Calls Chief Scandariato reports a marked increase in emergency calls due to the severe weather conditions, which is caused by the failure of building electrical and heating systems, or roof collapses or concerns about roofs. It has been typically every 3 hours on average they have been responding to calls like this over the last few weeks. 4. Public Works and Public Safety I want to take a moment to acknowledge the remarkable effort made by all of our Public Works and Public safety Personnel. In this year of record breaking storms, they have worked day and night to keep our city functioning and safe. 5. Plan of Conservation and Development The PODC Committee met on the 25th of January and the consultant recommendation submissions were distributed for review. The next meeting is scheduled for the 22nd of February and the submissions will be discussed. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 2011 . 6. Downtown Revitalization: The last public hearing on the Downtown Revitalization programs will be held tomorrow Tuesday February 8, 2011 at 8:00 am in these council chambers. 7. Governors’ Budget Address The Governor will be giving his budget address to the General Assembly on February 16, 2011, after his address we will have a better idea of how the State Budget will impact ours. 8. Savings The City of Norwich continues to look for cost Saving opportunities. The City including The Board of Education and Public utilities jointly cooperate in medical insurance, property and liability insurance and other joint purchases. In addition the City currently takes advantage of working off the State contract bid price. Joint cooperation has provided great savings. Additional areas the City is researching, are maintenance functions, that are utilized across departments, like maintenance for security alarms, fire alarms, sprinkler systems and the like. We will continue to keep the council informed as to our progress 9. Mayors Monthly Public Meeting The Mayors monthly meeting with the public will be held this Saturday, February 12th at 9:00am at the Central Fire Station on North Thames Street. Mayor Nystrom called for citizen comment on resolutions. David Crabb, 47 Prospect St., addressed resolutions 1 thru 4. He would like to see the Ice Rink and the ballpark included in the annual budget. He questioned who are the 1800 people who left, worker bees or drones. The language on resolution 3 should be amended. Keith Ripley, Meadow Lane, commented on resolutions 1 & 3 and he would like to see an item identifying clearing roofs in the budget. Bill Champagne, President of the Historical Society, supports resolution 3 as this project could be the ideal model. Andy Depta, 105 Vergason Ave., applauded Mayor Nystrom for withdrawing both the ordinance and the resolution on the YMCA. Upon motion of Ald. Nash, seconded by Ald. Caron, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren: RESOLVED, that the accounting firm of Blum Shapiro PC be and hereby is, appointed to perform the regular general audit for the City of Norwich (including the Board of Education, Department of Public Utilities, and Community Development) for the fiscal year 2010-2011. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 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, there is on file in the Tax Collector’s Office the names and addresses of the persons against whom motor vehicle taxes and personal property taxes on the Grand List of 2006 inclusive, were levied and the reasons why the Tax Collector believes such taxes are uncollectible; and, WHEREAS, in accordance with the Tax Collector’s recommendation the aggregate sum of $309,569.50 is the total outstanding motor vehicle tax on the Grand List of 2006 inclusive, to be transferred to the suspense tax book and $104,461.71 is the total outstanding personal property tax on the Grand List of 2006 to be transferred to the suspense tax book; and, WHEREAS, nothing herein contained shall be construed as an abatement of any tax transferred to the suspense tax account, but any such taxes, as it shall have been increased by interest, penalty fees and charges may be collected; and WHEREAS, the City has contracted with Rossi Law Offices to pursue collection of the aforesaid accounts; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: the following aggregate sums representing personal property taxes of $104,461.71 and motor vehicle taxes of $309,569.50 on the Grand List of October 1, 2006 inclusive, be and the same hereby is transferred to the suspense account. Upon motion of Ald. Hinchey, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Hinchey: WHEREAS, the City of Norwich has acquired property at 196‐200 Yantic Street through a tax foreclosure, said property including a building in disrepair; and WHEREAS, said property is in the area of the Yantic Falls and both the property and area are of historic significance; and WHEREAS, the Connecticut Commission on Culture and Tourism has advised the city a grant may be available from it to be used to study the condition of the building and historic aspects of the site which information would be useful to the city in connection with determining the optimum use and development of the property; and WHEREAS, the City of Norwich estimates a study of this nature will cost $35,000 and the Connecticut Commission on Culture and Tourism may grant up to one half of that amount, $17,500, and the Council of the City of Norwich anticipates that applications may be made to receive grants from other entities to cover the balance of the project study. 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 apply to the Connecticut Commission on Culture and Tourism for a grant to support a project tentatively entitled “Uncas Leap Historic Structures 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 7, 2011 Report and Design Consultation” and to seek from the Connecticut Commission on Culture and Tourism a grant in the amount of one half of the total estimated cost of $35,000 for such study. Upon motion of Ald. Nash, seconded by Ald. Popovich, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren: WHEREAS, the Council of the City of Norwich approved a 2010-11 Capital Budget for the Police Department vehicles in the amount of $182,000 for the purpose of replacing police cruisers; and WHEREAS, the Police Department was able to acquire and outfit these vehicles for $144,000; and WHEREAS, the Police Department is seeking to apply $38,000 of its Capital Budget which had been allocated for police cruisers toward the replacement of a 4-Wheel Drive Patrol Supervisor vehicle. Said amount was obtained via State of Connecticut Department of Administrative Services Bid price. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the 2010-11 Capital Budget for the Police Department be amended to add the replacement of a 4-Wheel Drive Patrol Supervisor vehicle. Upon motion of Ald. Desaulniers, seconded by Ald. Nash, it was unanimously voted to adjourn at 9:00 PM. CITY CLERK 9