City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 A regular meeting of the Council of the City of Norwich was held September 19, 2011 at 7:35 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. Braddock led the members in the Pledge of Allegiance. Mayor Nystrom called for a moment of silence in honor of Luis Depina. William Sullivan from the Norwich Church Softball League presented a plaque commemorating 50 years with the organization and thanking the City of Norwich and Luis Depina past support. City Manager Bergren gave his report as follows: DATE: September 19, 2011 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Upcoming Events/Meetings ♦ The next Mayor’s “One City” meeting will be held this Saturday, September 24th at 9:00 A.M. at the City Fire House. ♦ The Mayor is hosting an Interfaith & Multicultural Celebration of Peace which is taking place this Wednesday, September 21, 2011 from 5:30 to 7:00 P.M. in Room 335. ♦ The Eastern CT Chamber of Commerce’s Mayor’s roundtable discussion will be held this Friday, September 23, 2011 from 7:45 to 9:00 A.M. in Room 335 of City Hall. 2. Finance Attached is the Enterprise Funds Report from the Comptroller, Joseph Ruffo. It includes the Baseball Stadium Authority, the Golf Course Authority and the Ice Rink Authority. Also attached is a clarification on the amount of interest applied to the tax bill on the Wauregan which is a resolution that the Council has before them tonight. 3. Public Works Public Works continues to schedule multiple daily crews to pick up brush from Tropical Storm Irene. At present time we have served about a quarter of the community. Due to the large amount of brush and the Department's responsibility to carry out it's many other tasks, it may take several weeks, if not months, to serve every street in the City. We appreciate everyone's continued patience and remind residents that brush and leaves are accepted at the Rogers Road transfer station free of charge. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 4. Brownfields RFP Submissions for the Council authorized Brownfields RFP have been received and copies will be distributed to members of the Redevelopment Agency and the Planning Director for their review. 5. Norwich Host Community Reception Center Exercise FEMA has released its final report on Norwich’s exercise and I am happy to report that they have noted no deficiencies and no areas requiring corrective action. A copy of the executive summary is attached. Mayor Nystrom, withdrew the resolution three listed below. WHEREAS, the City of Norwich and Becker and Becker Associates, Inc. entered into the “First Amended and Restated Development Agreement for the Wauregan Hotel and Surrounding Properties” dated August 19, 2003 for the purpose of consolidating the previous versions of the document in anticipation of the Developer’s finance closing; and WHEREAS, the Development Agreement had attached as an Exhibit a proposed “Tax Abatement Agreement” which provided for an abatement of real estate taxes for the Development in return for the providing of below market price residential units; and WHEREAS, the abatement provided for in the form tax abatement agreement took the form of a a full abatement of real estate taxes to be preplaced by an obligation to make payments in lieu of taxes at a rate of up to a maximum of 15% of the Net Operating Income of the project to be phased in over a period of eight years from the date the city issued the Certificates of Occupancy covering the majority of the residential units; and WHEREAS, the form tax abatement agreement further provided that the full abatement of taxes would continue after the eight year phase in period until such time, if ever, as the Development was no longer used for affordable housing had run but at a rate equal to 20% of Net Operating Income; and WHEREAS, the City of Norwich and Becker and Becker Associates, Inc. executed the form Tax Abatement Agreement as expanded to allow for offsets in the event of certain environmental expenses as the “Environmental Liability and Tax Abatement Agreement” dated as of September 1, 2004, the effective date of Developer’s finance closing; and WHEREAS, the September 2004 Agreement incorporated the payment in lieu of taxes structure of the form tax abatement agreement and expressly provided that the parties understood and stipulated that the Development would provide residential rental properties at a rent that is less than full market value which would limit the properties’ ability to generate income and affect its fair market and assessed values; and WHEREAS, the September 2004 Agreement defined Net Operating Income for purposes of calculating the payment in lieu of taxes as meaning gross rental income less all ordinary expenses associated with the ownership, management and maintenance and including amounts designated as Replacement Reserve Funds to the extent that such Reserve Funds do not exceed amounts considered as customary building 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 expenses, all calculations of Net Operating Income of the Development to be in accordance with GAAP; and WHEREAS, the September 2004 Agreement obligates the owner of the premises to provide a profit and loss statement to the City of Norwich by September 1 of each year so that the basis for determination of the Net Operating Income could be verified for the fiscal year ending August 1 and thereby the payment in lieu of taxes for that tax year could be determined. WHEREAS, for purposes of this Agreement “Net Operating Income” was defined to mean Gross Rental Income less all ordinary expenses associated with ownership, management and maintenance of the project, including amounts designated as “Replacement Reserve Funds” to the extent that the same do not exceed amounts considered as customary building expenses, and further provided that all calculations of Net Operating Income would be in accordance with GAAP; and WHEREAS, as of September 1, 2004 and in connection with the finance closing, Becker and Becker Associates, Inc. assigned its rights under the September 2004 Agreement to Wauregan Development, LLC, a Connecticut limited liability company, and; WHEREAS, Wauregan Development LLC through inadvertence, failed to file timely a profit and loss statement on or before September 1, 2008, filing the same in October of 2008 after the Grand List of October 1, 2008 had been prepared; and WHEREAS, as a result of said delay said properties were assessed on the October 1, 2008 Grand List as having a value of $2,487,000 against which taxes were levied in the original amount of 67,422.58 to be paid in two installments with the sum of $33,711.29 due on July 1, 2009 and the sum of $33,711.29 due on January 1, 2010; and WHEREAS, the late filed profit and loss statement indicated there was no Net Operating Income generated for the fiscal year ending August 1, 2008 and therefore no taxes would have been due on the Grand List of October 1, 2008 had such profit and loss statement been timely filed; and WHEREAS, Wauregan Development LLC has not paid the tax obligation so levied on the Grand List of October 1, 2008 and is in technical default of certain loan covenants running in favor of the State of Connecticut and other financing parties; and WHEREAS, Wauregan Development LLC and the office of the City Comptroller have agreed that the “Replacement Reserve Funds” reference in the definition of Net Operating Income is insufficiently clear and may allows for disagreement between the parties as to what is customary, the reference to GAAP notwithstanding; and NOW THEREFORE, BE IT RESOLVED, that the City of Norwich shall abate and declare no longer due and payable the tax obligation levied on the October 1, 2008 Grand List against the project properties as described above together with interest and penalties accrued, which total sum is in the approximate amount of $92,879.22 as of the date hereof, effective on such date, if ever, as the City of Norwich and Wauregan Development LLC execute and deliver a First Amendment to the Environmental Liability and 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 Tax Abatement Agreement dated as of September 1, 2004 in form and content satisfactory to the City Manager and the City Corporation Counsel; and BE IT FURTHER RESOLVED, that such First Amendment shall at minimum provide that the Definition of Net Operating Income be revised to limit the amount that may be claimed annually as “Replacement Reserve Funds” to a sum or sums acceptable to the City Comptroller and the City Manager; and BE IT FURTHER RESOLVED, that such First Amendment shall at minimum further provide that the obligation to provide the City of Norwich with annual profit and loss statements shall be discharged only if the same are provided to the office of the City Comptroller and are delivered in hand, by certified US mail or by commercial overnight courier with proof of delivery and receipt in any event; and BE IT FURTHER RESOLVED, that on such date as the City Corporation Counsel may deliver a copy of a fully signed First Amendment to which is attached a true copy of this Resolution, the City Tax Collector and the City Assessor shall amend their records accordingly in the manner permitted by law. Mayor Nystrom called for citizen comment on resolutions. David Crabb, 47 Prospect St., stressed that the public hearing for the school bond should take place after the election and after the school board $130,000 study is presented to give the new candidates the opportunity to make the decision. Joanne Philbrick, 10 Elm Ave., questioned why resolution #3 was being withdrawn. There being no further speakers, Mayor Nystrom, declared citizen comment on resolutions closed. Upon a motion of Ald. Popovich, seconded by Ald. Braddock, it was unanimously voted to set a public hearing on October 3, 2011 on the following resolution introduced by City Manager, Alan H. Bergren: WHEREAS, the property owners listed below want to participate in a cost sharing program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: granite curbing and concrete sidewalks will be constructed at the following locations where the property owners will pay for an assessment for the cost of the sidewalks and the City of Norwich will pay for the cost of the curbing and miscellaneous items. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 Name Address Estimate Jeanne L. Gonet 44 Cliff Street 2,725.00 David & Karen Warfield 236 Washington Street 19,868.00 Nancy A. Potts 291 Laurel Hill Avenue 3,800.00 Rodney H. & Etta C. 324 Boswell Avenue 3,093.00 Bowie Bradford S. & Natalie 35 Williams Street 3,773.00 Wall John T., Jane & Rachel 22 Warren Street 3,724.00 Morosky et al Kathryn V. Hlavac 13 Clairmont Avenue 1,585.00 Manuel D. & Carol A. 197 Mount Pleasant 4,178.00 Maranda Joanne M. Philbrick 10 Elm Avenue 1,692.00 Scott M. & Janis M. 63 Sholes Avenue 3,378.00 Poole Bradford & Pridence C. 16 Julian Street 1,627.00 Marchand Christos Valkanos 37 Lake Street 1,344.00 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Construction Account #81000 and the Special Assessment Fund, Fund #40000, and that a public hearing be set at the first meeting of the City Council in October 2011. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $30,000.00. Upon a motion of Ald. Nash, seconded by Ald. Hinchey it was unanimously voted to adopt the following resolution introduced by Mayor Peter A. Nystrom: WHEREAS, the American Development Corporation has proposed to assign its rights and obligations under the Ground Lease and Development Agreement for the Norwich Marina to JCM Norwich Marina Acquisitions LLC or related entity; and WHEREAS, Joseph Ruffo, the Comptroller of the City of Norwich has conducted a review of the financial standing of the assignee of the Development Agreement and Lease for the Marina and reported to the council that the assignee “is likely to be of sound financial standing sufficient to provide reasonable assurance of being financially able to perform its obligation” thereunder; and WHEREAS, a closing of the property is expected to take place on or before September 30, 2011; and 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 to execute and deliver on behalf of the city, such consents, certificates and other documentation as he may deem prudent and necessary to document the status of the Marina Ground Lease and the Marina Development Agreement and to consent to their 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 assignment by the American Wharf Development Corporation to JCM Norwich Marina Acquisitions LLC or a related entity. Upon motion of Ald. Desaulniers, seconded by Ald. Braddock, it was unanimously voted, to refer to the Commission on the City Plan and set a public hearing on October 3, 2011 for the following ordinance introduced by Ald. Desaulniers, Hinchey, Nash and Popovich: AN ORDINANCE APPROPRIATING $675,000 FOR THE DEMOLITION OF THE FORMER GREENEVILLE AND BUCKINGHAM SCHOOL BUILDINGS AND AUTHORIZING THE ISSUE OF $675,000 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: Section 1. The sum of $675,000 is appropriated for the demolition of the former Greeneville and Buckingham school buildings including, as necessary, borings, easement acquisitions, waste disposal permits, hazardous waste and asbestos removal, and site remediation; said appropriation shall be inclusive of administrative, advertising, engineering, legal, financing, consulting, surveying, printing, and expenses related thereto (the “Project”). Section 2. The total estimated cost of the project is $675,000. No portion of the project cost is expected to be paid from sources other than the proposed bond issue. The estimated useful life of the project is twenty years. The project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation $675,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended. In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b, including the authority to enter 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 into agreements moderating interest rate fluctuation, provided any such agreement or exercise of authority shall be approved by the City Council. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose, including the bonds and notes and Project herein authorized. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. The principal and interest on the proposed issue are to be paid from property taxation to the extent not paid from other funds available for the payment thereof and the full faith and credit of the City are pledged to such payment. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar competitive process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds are sold by negotiation the purchase contract shall be approved by the City Council. With respect to the receipt of original issuance premium or bid premium upon the sale of the bonds or notes herein authorized, the Manager and Comptroller are authorized, but not required, to apply original issuance premium and bid premium, if applicable, to fund any purpose for which bonds of the City are authorized to be issued, and such application shall reduce the amount of authorized and unissued bonds of the purpose to which the premium was applied, in the amount so applied. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the General Statutes of Connecticut, as amended, and be approved as to their legality by Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the project. Upon the sale of said bonds the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the "Issuer") hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the "Regulations"), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 notes, or other obligations ("Bonds") authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by section 3-20e of the general statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. It is hereby found and determined that it is in public interest to issue all, or a portion of, the Bonds, Notes or other obligations of the City as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative available to municipal governments pursuant to HR1, “Making Supplemental Appropriations for Job Preservation and Creation, Infrastructure Investment, Energy Efficiency and Science, Assistance to the Unemployed, and State and Local Fiscal Stabilization, for the Fiscal Year Ending September 30, 2009, and for other purposes” (the “American Recovery and Reinvestment Act of 2009”), as the same may be reauthorized or reenacted, or analogous legislation, including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct payment and Tax Credit Versions. Upon motion of Ald. Braddock, seconded by Ald. Nash, it was unanimously voted, set a public hearing on October 3, 2011 on the following ordinance introduced by Mayor, Peter A. Nystrom: AN ORDINANCE AMENDING SUBPARAGRAPH (b)(4) OF SECTION 7­22. UNIFORM TAX DEFERRAL PROCESS OF THE NORWICH CODE OF ORDINANCES. WHEREAS, subsection (b)(4) of Section 7‐22 of the Norwich Code of Ordinances requires the results of a review of a request for a tax deferral made pursuant to Connecticut General Statute Section 12‐65b to be presented to the administration, planning and economic development subcommittee of the city council for recommendation to the city council; and WHEREAS, since the adoption of this ordinance the Charter of the City of Norwich has been changed assigning to the Mayor primary responsibility for the economic development of the city. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that, ordinance section 7‐22 (b)(4) be amended as follows: “Sec. 7‐22. Uniform Tax Deferral Process. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 (a) Purpose. The following process shall be used for the deferral of any increased assessment attributable to rehabilitation as established through G.S. §§ 12‐65c – 12‐65e and a resolution of the council of the City of Norwich relative to a rehabilitation area dated March 5, 1979. (b) Established. Be it ordained by the council of the City of Norwich that a uniform tax deferral process is necessary and that the following format is herewith established: (1) All applicants shall submit to the assessor’s office an application, provided by that office. (2) All applicants shall submit to the comptroller’s office information n necessary to produce a pro forma on the property on which tax deferral is being sought. (3) All applicants shall submit request to the community development office for low interest loans or grants that may be available through state, federal or quasigovernmental agencies. (4) A review of the request shall be made by the comptroller, the assessor and the community development director, the results of which shall be presented to the administration, planning and economic development subcommittee of the city council Mayor for recommendation to the city council.” Purpose: The Uniform Tax Deferral Process of the City of Norwich requires a review of a request for tax deferral to be made by the comptroller, the assessor and the community developer director. This amendment requires the results of that review to be presented to the Mayor rather than to the administration, planning and economic development subcommittee of the city council for recommendation to the city council. This amendment alters the process in recognition of the charter change assigning to the mayor primary responsibility for the economic development of the city. Mayor Nystrom called for citizen comment. Beverly Goulet, Norwich Human Services, thanked Ald. Hinchey for clarifying some misinformation that was printed in The Bulletin referencing a Homeless Center being located in the former Buckingham School. The Center is actually in the Buckingham Memorial building and is a safe and healthy environment and the homeless are being very well taken care of. Warren Simon, 380 Hamilton Ave., spoke in reference to the Citizen Advisory Board/Committee that has not been in existence since the 1950’s pertaining to the Police Department concerning transparency. He would like to see this committee resurrected and would like the powers that be have this matter looked into. David Crabb, 47 Prospect St., remarked that result based accountability dies a slow death. He suggests employee evaluations should be applied. Most businesses rely on actions speaking louder than words. Joanne Philbrick, 10 Elm Ave., stated that she had great expectations when moving back to her mother’s hometown 7 years ago. She has become disillusioned and doesn’t want to die in Norwich. She has 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 become frustrated, angered and saddened. She was shocked that the city doesn’t do employee evaluations. She remarked that people get hired and are here forever unless someone doesn’t like them then their days are numbered. She reported that she was told that employees give their supervisors their hours worked and she knows for a fact that not everybody works the hours they tell their supervisors and that is stealing. She has also stated that receipts are not offered by certain departments in the City. She recommends that the city teach city employees professionalism, this is a multi‐million dollar operation. Andy Depta, 105 Vergason Ave., spoke on the $100,000 plan for development that was passed at the last meeting and questioned where the money for this is actually coming from, as it is not in the budget from what he can see. He will be requesting to see the RFP through FOI. Rodney Bowie, 62 Roosevelt Ave., remarked on the school demolition in disappointment stating that there are numerous buildings throughout the city that should have been taken down a long time ago that are still standing. He feels that the cost of these types of issues should be put through in the regular budget. He suggests we try marketing these schools. There being no further speakers, Mayor Nystrom, declared citizen comment closed. Upon a motion by Ald. Hinchey, seconded by Ald. Popovich it was unanimously voted to go into Executive Session for the purpose of DISCUSSION CONCERNING THE APPOINTMENT, EMPLOYMENT, PERFORMANCE, EVALUATION, HEALTH OR DISMISSAL OF A PUBLIC OFFICER, APPOINTED BY THE COUNCIL, PROVIDED THAT THE OFFICER DOES NOT REQUIRE IT BE HELD IN PUBLIC MEETING, Attorney David Ryan, Special Labor Counselor, and Corporation Counsel Michael Driscoll, were 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 8:20 PM to 9:05 PM at which time Mayor Nystrom stated no votes were taken. Upon a motion by Ald. Braddock, seconded by Ald. Desaulniers it was unanimously voted to reconvene. Upon a motion of Ald. Popovich, seconded by Ald. Braddock, it was unanimously voted to suspend the rules to add resolution four introduced by Mayor, Peter Nystrom. Upon motion of Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted, to adopt the following ordinance introduced by Mayor, Peter A. Nystrom: WHEREAS, the Council of the City of Norwich, by resolution adopted March 21, 2011 went on record as supporting a purchasing policy giving preference to suitable alternative fuel vehicles when available when purchasing or leasing light and heavy duty on‐road vehicles; and WHEREAS, by resolution adopted July 18, 2011 the Council of the City of Norwich authorized and directed City Manager Alan H. Bergren to enter into and deliver an agreement with the Connecticut Department of Transportation to accept an award amount reimbursement from the Connecticut 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 Department of Transportation of $13,140 for a Chevrolet Tahoe Hybrid Electric Vehicle to be used by the Norwich Fire Department; and WHEREAS, the State of Connecticut through the Department of Transportation has proposed an Agreement between it and the City of Norwich providing a cash grant towards the purchase of alternative/clean fuel vehicles and/or diesel retrofit technologies, said cash grant to be used exclusively by the City of Norwich for the reimbursement of incremental costs of the following alternative/clean fuel vehicles and/or Full Material Cost of the diesel retrofit technologies as follows: One (1) Chevrolet, Tahoe Hybrid Electric Vehicle @ Thirteen Thousand One Hundred Forty Dollars ($13,140) per vehicle, One (1) Ford/Star Trans, E­450 Senator, Compressed Natural Gas Body on Chassis Bus @ Twenty five Thousand Eight Hundred Dollars ($25,800) per vehicle and One (1) Freightliner M2­112V Compressed Natural Gas Truck @ Thirty five Thousand Two Hundred Dollars ($35,200) per vehicle; and WHEREAS, the Council finds it in the best interest of City of Norwich to enter into said Agreement with the State of Connecticut under FHWA Project No. CM‐000R(652) and State Project No. 170‐3019. 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 to enter into an Agreement with the State of Connecticut through its Department of Transportation accepting the award amounts for the reimbursement described herein and to arrange for, execute and/or deliver such other documents as are necessary to accept the award including but not limited to proof of insurance forms, a non‐discrimination certificate, and authorizing resolution and an incumbency certificate. A copy of the Agreement is attached hereto as Exhibit A. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 Upon a motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to suspend the rules to add resolution five introduced by Mayor, Peter Nystrom. Upon motion of Ald. Popovich, seconded by Ald. Nash, it was unanimously voted, to adopt the following ordinance introduced by Mayor, Peter A. Nystrom: WHEREAS, the Council of the City of Norwich, at a Special Meeting the Council held on July 28, 2011, adopted a resolution to appoint a committee of two members of the Council to conduct a review of the performance and conduct of the city clerk and to report back to the Council by the first meeting of the Council to be held in September of 2011; and WHEREAS, said committee has completed its review and filed a written report of its findings with the Council on September 6, 2011; and WHEREAS, having considered said report the Council finds it has cause to believe the city clerk has improperly performed the duties of her office and that proper cause exists for her removal from said office. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that Corporation Counsel Michael E. Driscoll be and hereby is directed on its behalf to serve a written notice of the intention of the City Council to remove town and city clerk, Sandra Greenhalgh, said notice containing a clear statement of the grounds of such removal, such grounds being set forth in Exhibit A attached hereto. Said notice shall be served pursuant to the time requirements of Section 14 of Chapter V of the Charter of the City of Norwich and advise that a hearing to consider the Council’s intentions will be conducted on October 11, 2011 @ 7:00 p.m. in council chambers; that the city clerk will be given an opportunity to be heard thereon, that the hearing will be in executive session but shall be public at the option of the town and city clerk; and that she may be represented by counsel at the hearing. AND THEREFORE BE IT FURTHER RESOLVED by the Council of the City of Norwich that Attorney David Ryan be retained as special counsel by the City of Norwich to act for it at said hearing, to elicit testimony and to present evidence and information relative to the grounds of removal for the town and city clerk to the Council. EXHIBIT A Grounds for Removal The grounds for removal are as follows: The grounds for removal are that on six (6) occasions over the last two (2) years you filed documents on the land records for personal business and failed to pay the filing fee at or near the time the documents were filed on the land records. On two (2) occasions during the same time period you filed documents on the land records for the benefit of both yourself and your daughter and failed to collect or pay the requisite filing fee. On one (1) occasion during the same time period you filed documents on the land records for the benefit of your daughter and failed to collect or pay the requisite filing fee. The applicable filings are listed below: 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 19, 2011 1. Subordination Agreement from Coreplus Federal Credit Union recorded on 5/26/2011 Recorded in Book 2677 Page 242-243 of the Norwich land records with receipt attached showing no recording fee was paid; 2. Release of Mortgage from Coreplus Federal Credit Union in favor of Sandy Greenhalgh recorded on 12/18/2009 in Book Page 191 of the Norwich land records with receipt attached showing no recording fee was paid; 3. Release of mortgage from Coreplus Federal Credit Union in favor of Sandra Greenhalgh recorded on 5/15/ 2009 at Book 2546 Page 320 of the Norwich land records with receipt attached showing no recording fee was paid; 4. Release of Mortgage from Sandra Greenhalgh in favor of Ivy Jordan recording on 10/12/2010 at Book 2641 Page 86 of the Norwich land records with receipt attached showing no recording fee was paid; 5. UCC financing Statement from Lighthouse Logging & Firewood LLC or Ivy Jordan in favor of Sandra Greenhalgh recorded on October 7, 2010 at Book 2640 Page 177 of the Norwich land records with receipt attached showing no recording fee was paid; 6. Certificate of Change of Name for Ivy Jordan recorded on 2/23/2010 at Book 2601 Page 141 of the Norwich land records with receipt showing no recording fee was paid; 7. Mortgage Deed from Ivy Jordan to Sandra Greenhalgh recorded on September 7, 2010 at Book 2635 Page 294 of the Norwich land records with receipt showing no recording fee was paid; 8. Release of Mortgage from the Norwich Federal Credit Union in favor of Sandra Greenhalgh recorded at 03:43:39 pm at Book 2676, Page 277 of the Norwich land records with receipt showing no recording fee was paid on date of filing; and 9. Release of Mortgage from Coreplus Federal Credit Union in favor of Sandy Greenhalgh recorded on May 17, 2011 at 02:54:28 p.m. at Book 2676, Page 272 of the Norwich land records with receipt showing no recording fee was paid at time of filing. Upon a motion of Ald. Caron, seconded by Ald. Hinchey, it was unanimously voted to adjourn at 9:20 PM. ASSISTANT CITY CLERK 26