City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 A regular meeting of the Council of the City of Norwich was held March 19, 2012 at 7:30 PM in Council Chambers. Present: Aldermen Desaulniers, Noblick, Braddock, Hinchey, Bettencourt, Jaskiewicz and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. A Moment of Silence was held for Firefighter Benjamin DeMond. Ald. Jaskiewicz read the opening prayer and Ald. Bettencourt led the members in the Pledge of Allegiance. Marjorie Blizard, RDA Chair, gave a Presentation on Brownfield Area-Wide Plan. City Manager Bergren gave his report as follows: DATE: March 19, 2012 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Upcoming Meetings • The next Mayor’s One City Forum will be held this Saturday, March 24, 2012 at 9 A.M. at the Taftville Fire Station. 2. Board/Commission/Committee City Manager Appointment Procedure The following Boards/Committees/Commissions are City Manager appointed and tend to be administrative entities: City Historian (Council approval) Harbor Management Commission (Council approval) Housing Authority Inland Wetlands Commission (Council approval) Public Parking Commission (Council approval) Redevelopment Agency (Council approval) Youth Services Advisory Board (two positions are CM appointments w/Council approval) Zoning Board of Appeals (Council acknowledgement) Interested parties may apply on-line using one application form for all positions and submit their application to either the City Manager’s or Mayor’s office. The applications are then forwarded to the appointing office, i.e.: Mayor’s office for Council appointments and City Manager’s office for CM appointments. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 The City Manager screens the applications and interviews interested parties. After a decision has been made, a draft resolution along with a memo from the City Manager and the application of the chosen candidate is sent to Council members in Council packs. (see attached example) The remainder of all City Boards/Commissions/Committees are Council appointments: Baseball Stadium Authority Board of Appeals (Building Code) Board of Assessment Appeals Board of Public Utilities Commissioners (Sewer Authority) Board of Review (Dangerous Buildings) City of Norwich Supportive Housing Committee Commission on the City Plan Community Development Advisory Committee Eastern CT Regional Tourism District Ethics Commission Golf Course Authority Historic District Commission Ice Arena Authority Mohegan Park Advisory Committee Personnel & Pension Board Recreation Advisory Board Rehabilitation Review Committee Reid & Hughes Committee Senior Affairs Commission Southeastern CT Water Authority Sustainable Energy Committee TVCCA Board of Trustees Uncas Health District Volunteer Fire Relief Fund Committee Youth Service Advisory Board (3 positions) Prior to 2009, the Council President Pro-tem was assigned the task of working with the Mayor’s office to keep appointments up to date and to recommend the filling of vacancies. Since 2009, the Mayor’s office has coordinated the process of filling Council appointed vacancies. Recently, applications, as they come in, are distributed in weekly council packs. The current council can change or establish different procedures that they would like to follow and/or deem appropriate. It has also been recent practice to use the website to advertise vacancies and the City manager has reported on same during Manager reports at Council meetings .The Mayor appoints all standing or special Council Committees (Committees that are made up of Council members, i.e. Public Safety, Public Works, etc.) 3. Taftville Reservoir Report On February 6, 2012, the Council of the City of Norwich requested the City Manager to coordinate a review of the Taftville Reservoir site for possible expanded recreational uses namely fishing, and present a preliminary report by the second meeting of the Council in March. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 As City Manager, I enlisted the assistance of the recreation Director, the Planning Director, the Director of Public Works, the General Manager of Public Utilities and Corporation Counsel to assemble the attached documents. A few of these initial documents were previously distributed to Council members, some weeks ago in your weekly council packets. Please take the time to peruse these documents and feel free to contact me for further clarification or additional information. Two major items which I may call your attention to as you review the material, are: 1. The presence of a conservation easement on the Taftville Reservoir property. 2. The operation/maintenance of the outfall or outlet of the reservoir, which, since use of the reservoir for drinking water purposes has been discontinued, has changed the size of the reservoir and the downstream management of the discharge. Mayor Nystrom called for citizen comment on resolutions Keith Ripley, Meadow Lane, spoke in favor of resolution #4, and had concerns on resolution #5 he asked who benefited from the proceeds of sales in prior years. It is a family event and we shouldn’t encourage serving beer and wine. David Crabb, 47 Prospect St, felt that resolution # 1 and #4 and the new ordinance are premature. Time doesn’t allow all my objections; 1. The hospital time line is a major event where are the objections, 2. NCDC’s, RFP is obsolete, 3. NCDC produced a draft with no exhibits, 4. Economic Development plan needs to be updated, 5. The city needs to have better plan for the Brownfield’s. Rodney Bowie, 62 Roosevelt Ave, questioned resolution # 1 stating that there have already been many studies done on this issue we don’t need another study. Stated that on Resolution #2 he never heard a word after submitting his application and felt he should. Spoke against resolution # 4 stating too much money has already been spent. Joanne Philbrick, 10 Elm St, spoke on resolutions #2 and #3 not being in favor or opposed to either, but saddened and confused about the process. Those who apply for should receive a timely response with an acknowledgment. There being no further speakers, Mayor Nystrom declared citizen comment on resolutions closed. Upon a motion of Ald. Braddock, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, and Ald. Desaulniers. . WHEREAS, on July 5, 2011, the Council of the City of Norwich authorized City Manager Alan H. Bergren to prepare and issue an RFP/RFQ to solicit bids for professional services to prepare a “City of Norwich, Area Wide Brownfield Plan”. Such plan to be used to, among other things, apply for State and Federal EPA Brownfield Assessment and clean‐up funds and grants; and WHEREAS, successful bidder, The Cecil Group’s, proposal to the City anticipates a process up to six months to complete at a cost of $60,000 (sixty thousand dollars); and 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 WHEREAS, funds for the project are included in the Mayor’s Project Contingency Account and because of the mild winter, funds are allocated from Public Works account. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, 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 for Professional Services between the City of Norwich and The Cecil Group of Boston, Massachusetts; BE IT FURTHER RESOLVED by the Council of the City of Norwich that the sum of $60,000 (sixty thousand dollars), be and hereby is, appropriated for the work to be performed under this agreement, from the following accounts: $15,000 Mayor’s Project Contingency Account# 01065‐81000 $45,000 Public Works Overtime Account# 01042‐80014 Upon a motion of Ald. Braddock, seconded by Ald. Bettencourt, to adopt the following resolution introduced by Ald. Bettencourt, Braddock, and Jaskiewicz. It was further motioned by Ald. Noblick, seconded by Ald. Hinchey to table the following resolution. WHEREAS, Larry Goldman (D) was appointed to the Board of Public Utilities Commissioners and Sewer Authority of the City of Norwich for a term to expire March 1, 2012, to fill the vacancy left by Stanley Israelite’s resignation; and WHEREAS, Larry Goldman has expressed a desire to be reappointed to a full term and is otherwise eligible for reappointment. THEREFORE BE IT RESOLVED that Larry Goldman (D) be and hereby is, appointed to the Board of Public Utilities Commissioners and Sewer Authority of the City of Norwich for a term to expire March 1, 2017. The above resolution was tabled on a roll call vote of 4 -3, with Ald. Bettencourt, Ald. Jaskiewicz and Ald. Braddock voting in opposition. Upon a motion of Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and Ald. Desaulniers. WHEREAS, Frank Demicco has been a valuable member of the Board of Public Utilities Commissioners and the Sewer Authority of the City of Norwich for many years; and WHEREAS, for reasons of health Frank Demicco has been absent from three consecutive meetings of the Board of Public Utilities Commissioners and is likely to be unable to attend such meetings for an indefinite period of time; and 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 WHEREAS, his insights and contributions at meetings of the Board of Public Utilities Commissioners have been of consistent value to the Board; and WHEREAS, the Board of Public Utilities Commissioners have requested the Council recognize and honor Frank Demicco’s history of service to the City of Norwich on the Board of Public Utilities Commissioners. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that Frank Demicco be, and hereby is, appointed as a non‐voting, honorary lifetime member of the Board of Public Utilities Commissioners and the Sewer Authority of the City of Norwich. Upon a motion of Ald. Braddock, seconded by Ald. Desaulniers, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, and Ald. Desaulniers. WHEREAS, the City of Norwich and State of Connecticut entered into a Purchase and Sales Agreement dated July 31, 2006 wherein the State of Connecticut agreed to convey the property used for the Norwich State Hospital located within the City of Norwich to the City of Norwich for the sum of $1.00 and other considerations; and WHEREAS, the Council of the City of Norwich appointed a committee to assist it in assessing the potential cost and benefit to the City of Norwich in acquiring the property under the terms of the Purchase and Sales Agreement; and WHEREAS, the Council of the City of Norwich, having considered the information available to it at a meeting held on January 19, 2010, unanimously rejected a resolution to authorize City Manager Alan H. Bergren to give notice to the State of Connecticut of the City of Norwich’s intent to buy the property under the terms of agreement, and City Manager Alan H. Bergren so notified the Commissioner of the Department of Public Works of the State of Connecticut by letter dated January 21, 2010, sending his formal notification that Norwich would not exercise its right to purchase the property under the agreement; and WHEREAS, the State of Connecticut acting through the Department of Administrative Services has notified City Manager Alan H. Bergren, by letter dated February 17, 2012, that the State plans to sell the property consisting of 49.65 acres and the improvements thereon in “as in” condition for $300,000 and, pursuant to Connecticut General Statute §3‐14b, notifies the city that if it wishes to purchase the property it has 45 days within which to notify the Department of Administrative Services such intent; and WHEREAS, the Council finds that it is not in the interest of the City of Norwich to acquire said property for $300,000 at this time. 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 send a letter to Mr. Donald J. DeFronzo, Commissioner of the Department of Administrative Services providing formal notification that the City of Norwich does not intend to exercise its rights to purchase the property for $300,000 pursuant to 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 provisions of Connecticut General Statute §3‐14b and that the requirements of Connecticut General Statute §14b‐21cb should be deemed satisfied. Upon a motion of Ald. Desaulniers, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock, and Jaskiewicz. WHEREAS, the Norwich Harbor Management Commission and the Norwich Arts Center will be sponsoring “Rock the Docks 2012”, a series of concerts to be held at Howard T. Brown Park from 6:00 P.M. to 8:00 P.M. on the following dates: Wednesday, June 27, 2012 Wednesday, July 11, 2012 Wednesday, July 18, 2012 Wednesday, July 25, 2012 Wednesday, August 1, 2012 Wednesday, August 8, 2012 Wednesday, August 15, 2012; and WHEREAS, “Rock the Docks” will allow the entire community to enjoy a variety of music and entertainment at a scenic location; and WHEREAS, the Greater Norwich Area Business and Industry Foundation, Inc., established through the Greater Norwich Area Chamber of Commerce, proposes to make available beer and wine for sale during the concert series to patrons thereof at a location in Howard T. Brown Park, the proceed of the sale to be used to support the concert series and the sales to be handled by an appropriately licensed and permitted entity. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that, pursuant to Section 13.14.2 of the Norwich Code of Ordinances, the City Manager is authorized and directed to grant permission to the Greater Norwich Area Business and Industry Foundation, Inc. to arrange for the sale and serving of beer and wine at the “Rock the Docks 2012” concert series to be held on the dates listed herein at the Howard T. Brown Park, subject to satisfactory proof that the sponsoring entity and any vendor selected by it have complied with the applicable regulations of the state liquor control relating to such sales. Upon a motion of Ald. Braddock, seconded by Ald. Jaskiewicz, it was unanimously voted to refer to Commission of City Plan and set public hearing and second reading on May 7, 2012 for the following ordinance introduced by Ald. Braddock, and Desaulniers. AN ORDINANCE AMENDING SECTION 10.4. PLANNED DEVELOPMENT DESIGN DISTRICT, PDD. OF THE NORWICH ZONING ORDINANCE BY DELETING OR AMENDING CERTAIN PERMITTED USES SET 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 FORTH IN SUBSECTION 10.4.2 AND BY DELETING CERTAIN SPECIAL PERMITTED USES SET FORTH IN SECTION 10.4.3. AND BY AMENDING THE ALPHABETICAL IDENTIFICATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that: 1. Subsection 10.4.2. Permitted Uses of the Norwich Zoning Ordinance be and hereby is amended to delete as Permitted Uses in the Planned Development Design District the following uses; (a) Marinas; (b) Docks, slips, piers; (c) Yacht clubs, boating clubs; and (f) Health clubs; to amend paragraph (i) by deleting the words “and resorts”; and to amend subparagraph 2. of paragraph (i) by adding the word “and” between the words “Hotels” and “inns” and deleting the words “or golf facilities”; and by reformatting the alphabetical identification of the remaining items. The deletions and amendments are made as follows: 10.4.2. Permitted Uses: (a) Marinas. (b) Docks, slips, piers. (c) Yacht clubs, boating clubs. (d)(a) Open space/parks. (e)(b) Governmental offices. (f) Health clubs. (g)(c) Technology research and industries, including information technology, computers and software. (h)(d) Healthcare technology research and industries, including advanced medical equipment, pharmaceuticals, biotechnology facilities. (i)(e) Hotels and inns, and resorts with the following provisions: 1. Multiple structures may be constructed provided all structures are architecturally compatible and are part of comprehensive planned development. 2. The facility shall provide a separate lobby and a separate sitting area and amenities such as tennis courts, swimming pools, spas, health and/or fitness rooms. or golf facilities. 3. Exterior of structure shall be brick, stone, wood clapboards or wood shingles. Color schemes for the project must be complementary to the architecture as determined by the commission. 4. Landscape plans shall be provided and shall be implemented using a diverse and creative design. All species shall be hardy for the location. 2. Subsection 10.4.3. Special Permitted Uses of the Norwich Zoning Ordinance be and hereby is amended to delete as Special Permitted Uses in the Planned Development Design District paragraph (g) in its entirety and paragraph (i) in its entirety, and by reformatting the alphabetical identification of the remaining items. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 The deletions and amendments are made as follows: 10.4.3. Special Permitted Uses: (a‐c) Reserved. (d) Restaurants. Drive‐thru facilities are not permitted. (e) Reserved. (f) Colleges, universities, educational institutions: which are defined as public or private institutions of higher learning offering a course of studies leading to a degree or certification in a specific vocation or technical field. Such institutions may include accessory uses to support the principal institution. Examples of such accessory uses are: residential facilities for staff and/or students, sports fields and/or other structures for institutional events. It is the commission’s intent to encourage the development within this district of business and educational facilities that work together on educational and training programs. (g) Garden apartments, townhouses and residential group buildings, in accordance with the provisions of section 8.3.1(d) hereof and high‐rise apartments and high‐rise group buildings in accordance with the provisions of section 8.3.1(e) hereof provided that they are accessory to a principal use. (h)(g) Retail uses and retail/wholesale distribution centers. (i) Child care facilities. (j)(h) Helipad as an accessory to a principal use. 3. This ordinance shall take effect ten (10) days after passage and publication in a daily newspaper of general circulation in the City of Norwich pursuant to Section 11 of Chapter 5 of the Charter of the City of Norwich. Purpose: To eliminate certain uses and special permitted uses considered to be impractical, inappropriate and/or unlikely to encourage balanced economic development from the Planned Development Design District. Upon a motion of Ald. Desaulniers, seconded by Ald. Braddock, it was unanimously voted to adjourn the meeting at 8:25 pm CITY CLERK 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MARCH 19, 2012 9