City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 A regular meeting of the Council of the City of Norwich was held April 16, 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. Ald. Bettencourt read the opening prayer and Ald. Jaskiewicz led the members in the Pledge of Allegiance. Mayor Nystrom read the following Proclamation: PROCLAMATION WHEREAS, under the guidance and leadership of Chris Baillargeon Head Coach, Jim Miller and Tom Maher, Assistant Coaches and all of the players; Hunter Baillargeon, Chris Caisse, Spencer Crane, Sean Daley, Marcello Dignoti, Donald Duca, Cameron Duda, Andrew Gromko, Luke Hall, Mathew Kolashuk, Brendan Maher, Aidan Miller, Kirk Ricketts, the St. Patrick's School Boys Basketball Team has grown; and WHEREAS, St. Patrick's School Boys Basketball Team showed what great players they are as they won game after game and finished a perfect season with a 28-0 victory winning the Norwich Diocese Championship and the 395 Basketball League Championship sending them on to the 2012 New England Regional Tournament in Burlington, Vermont; and WHEREAS, On April 1, 2012 the hard work and dedication showed as St. Patrick's School Boys Basketball Team clinched the New England CYO Basketball Championship title with one buzzer-beating shot and a lot of teamwork; and WHEREAS, we commend the St. Patrick's School Boys Basketball Team, players, coaches, parents and grandparents for their dedication and commitment to the sport and to the 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. 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 Monday, April 16, 2012 as St. Patrick's School Boys Basketball Team Day in the City of Norwich. Dated this Sixteenth Day of April, 2012 Peter Albert Nystrom Pete Desaulniers Mayor President Pro Tem 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 Upon a motion of Ald. Bettencourt, seconded by Ald. Jaskiewicz, it was unanimously voted to suspend the rules to add City Manager Alan Bergren’s report to agenda. Upon motion of Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted to suspend the rules to add the following resolution # 6 to the agenda. City Clerk Betsy M. Barrett read following resolution. WHEREAS, the City of Norwich has a significant natural resource in the presence of the Shetucket River; and WHEREAS, the designation of the river corridor as a greenway is consistent with the City of Norwich’s Plan of Conservation and Development, as indicated in its goals and objectives for open space preservation and natural resource protection; and WHEREAS, the Greenway will provide citizens with access to the rich historical, cultural and natural resources of the Shetucket River; and WHEREAS, the Greenway will enhance the local economy by attracting visitors and encourage use of this resource for recreational activities; and WHEREAS, the Greenway will provide access to the outdoors, preserve scenic landscapes and may be used as a water‐trail better to connect Norwich to the Quinebaug‐Shetucket Heritage Corridor. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich, Connecticut that City manager, Alan H. Bergren be and hereby is authorized and directed to prepare and deliver to the Connecticut Greenways Council c/o the Department of Energy and Environmental Protection of the State of Connecticut, 79 Elm Street, Hartford, Connecticut 06103 a letter endorsing the nomination of the Shetucket River Greenway as a designated state greenway and expressing the support of the Council of the City of Norwich for the same. Alderwoman Sofee Noblick Alderman Charles Jaskiewicz Mayor Nystrom called for citizen comment on resolutions. Rodney Bowie, 62 Roosevelt Ave, questioned resolution # 4 stating that there are different standards for different people. Questioned #5 asked if the sewer department would be notified about the right-a- way. David Crabb, 47 Prospect St., spoke in opposition on resolution 1, 2, 3,4 and 6 felt that there were to many unanswered questions. John Levangie, 85 Lawler Lane, School Board, addressed resolution #3 thought it was interesting and would like to see things put back into the bill, professional development, teacher tenure and certification. Spoke against more charter schools. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 Yvonne Jacaruso, 192 Whitman Ave, Chair Board of Education, supports resolution #3 we need reform to address this issue, stating skilled work force will attract new business and provide higher education. Have a lot of trouble with the changes for Charter schools. Andy Depta, 105 Vergason, felt resolution #3 is a complicated bill, which isn’t easily understandable because it is such complex bill and hopes everyone has read the bill and is voting with knowledge. Joanne Philbrick, 10 Elm St, complimented how refreshing to see the students from St Patrick’s it reaffirms my faith in the youth of tomorrow. Spoke in favor of resolution #1 when ever we can generate revenue it is a step in the right direction. Oppose to resolution #2 don’t see the need to get involved in private business. Opposed to resolution #4 they should have to meet their compliance. Questioned resolution #5 will there be hearings? Sheila Hayes, 288 Central Ave, supports resolution # 3 SB-24 as put back in as authorized by the Governor. Was glad the Mayor was called to Hartford to discuss this issue. We should work with all involved on this issue. Keith Ripley, Meadow Lane, agrees with resolution #2 it’s in place and sounds practical and makes sense. Commented on Resolution # 3, that the comptroller should be contacted. Supports resolution #6 for it is a value to the community. John Blackburn, 15 Alice St, spoke on resolution #3 believes that it’s too much and caution should be given on what the state is asking. There being no further speakers, Mayor Nystrom declared citizen comment on resolutions closed. City Manager Alan Bergren gave his report as followed: 1. Upcoming Meetings • Public Safety Budget workshops will be held this Saturday, April 21st, 2012 at the Taftville Volunteer Fire Department. The meeting will be taped for future television broadcast. The schedule is as follows: 8:00 AM Police-Chief Fusaro 8:20 AM Taftville VFD 8:40 AM Laurel Hill VFD 9:00 AM East Great Plains VFD 9:20 AM Emergency Management – Gene Arters 9:40 AM Yantic VFD 10:00 AM Occum VFD 10:20 AM City Fire – Chief Scandariato 2. Public Works Department 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 • The Department of Public Works Spring brush pickup begins today in the Greeneville, Mohegan Park and downtown sections of the City. Pile sizes should be no larger than what would typically fit in the bed of a standard pickup truck and individual brush clippings may not exceed 4 inches in diameter. Piles of small twigs placed on the ground, in buckets or in bags, etc. will not be picked up. There is no spring curbside leaf pickup. As always, Norwich residents can dispose of brush and leaves free of charge at the Rogers Road Transfer Station during normal operating hours. • The section of Mohegan Park Road from the Spaulding Pond beach parking lot to approximately 400 feet north of the Park Center parking lot is now permanently closed to motor vehicle traffic. Motorists are strongly urged to use Harland Road and Boswell Avenue as a means of navigating around the Park. DPW crews will soon remove the pavement in the closed section and establish grass until a final landscaping plan is adopted by the Mohegan Park Improvement & Development Advisory Committee. • The Public Works 2012 road improvement program will begin shortly. The program calls for the paving of over 6 miles of roads and the application of preventative maintenance measures, such as chip sealing and crack sealing, to an additional 4-5 miles. The first area to be paved is the Newton Street area, where work is expected to begin in early May. The Newton Street area paving is a coordinated effort between DPW and NPU, both in funding and project management. DPW and NPU thank the Newton Street area residents for their patience throughout the sewer and gas main work and the soon-to-come paving project. The coordination between DPW and NPU results in significant capital budget savings and ensures that new roads are being constructed on streets with updated public utility infrastructure. 3. Fire Department Chief Scandariato reports that the children, Alex & Cole, of Norwich firefighter, Benjamin Demond, are doing well. Alex is undergoing final surgeries and the prognosis is good! Upon motion by Ald. Bettencourt, seconded by Ald. Jaskiewicz, it was unanimously voted to amend the following resolution to remove 631 West Thames Street. Upon a motion of Ald. Braddock, seconded by Ald. Jaskiewicz it was unanimously voted to adopt the following amended resolution, introduced by City Manager Bergren. RESOLVED, that the Tax Collector of the City of Norwich is directed to sell and may sell at public auction the following properties hitherto acquired by the City of Norwich provided no property shall be sold below a minimum price established by the tax collector, below which no bid will be received: 351 Canterbury Turnpike 27 West Thames Street 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 279 North Main Street 97 School Street 21 West Thames Street 10 John Street 60 Roath Street Seventh Street – Map 86, Block 3, Lot 19 30 Laurel Circle 28 Ridgewood Drive 32 Laurel Circle 47, 49, 51 & 53 Washington Street 33 West Thames Street 11 Mechanic Street Upon a motion of Ald. Braddock, seconded by Ald. Bettencourt, to adopt the following resolution introduced by Mayor Nystrom and Ald. Braddock. Motion passed with a roll call vote of 6-0, with (Ald. Hinchey recusing at introduction of this resolution). WHEREAS, as a result of the major flooding and wind damage which occurred in March of 2010, the Federal Emergency Management Agency (FEMA) indicated it might make available grant funding to qualified municipalities within the State of Connecticut for post‐disaster hazard mitigation through its Hazard Mitigation Grant Program; and WHEREAS, such a grant given to the state and used to support local grants to communities would carry a local cost share of 25% of the total sum sought, the balance to be grant monies; and WHEREAS, the Council determined that the property located 31 New London Turnpike owned by the Bugbee and Gawendo Real Estate Partnership might qualify under this program for acquisition by the City of Norwich to mitigate the risk of future damage and flooding; and WHEREAS, the Council of the City of Norwich, by resolutions adopted November 1, 2010 authorized City Manager Alan H. Bergren to attempt to negotiate an agreement between the Bugbee and Gawnedo Real Estate partnership and/or the Nutmeg Companies, Inc. whereby the City of Norwich, if awarded a grant under the Hazard Management Grant Program, would acquire said property, demolition all buildings on the site and maintain the property as open space in perpetuity; and WHEREAS, the City of Norwich has made an application to FEMA seeking a grant under the program contemplating total costs in an amount of $760,100 of which the city’s required 25% match will be $190,025; and WHEREAS, the city’s grant application is among those presently being considered by FEMA; and 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 WHEREAS, the City of Norwich will be required to provide a cost share commitment letter to FEMA in support of its grant application 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 prepare, execute and deliver to FEMA on behalf of the City of Norwich a cost share commitment letter committing, under the terms and conditions of the letter, to provide matching funding in the amount of $190,025, said letter to be substantially similar in form to that attached to this resolution as Exhibit A. April 11, 2012 Federal Emergency Management Agency c/o Douglas W. Glowacki Emergency Management Program Specialist Department of Emergency Management and Homeland Security 25 Sigourney Street Hartford, CT 06106 Re: The Nutmeg Companies, Inc. Bugbee and Gawendo Real Estate Partnership 31 New London Turpike, Norwich, Connecticut Dear Mr. Glowacki, In partial response to your email of April 2, 2012, please consider this a preliminary cost share commitment letter as requested at number 5 of your email and a response to the concern raised at number 3 of your email. Addressing the latter first, please be advised that the final cost share commitment letter will not be conditioned upon the relocation plans of The Nutmeg Companies, Inc. With respect to the twenty five (25%) percent cost share contribution, please be advised that the City of Norwich, acting by the unanimous vote of its City Council, has supported this project in the past by authorizing the FEMA grant application and undertaking to contribute a match to purchase the property and demolish the structures. Attached are copies of the resolutions enacted to date. On Monday April 16, 2012 the Norwich City Council is scheduled to reaffirm its commitment by specifically authorizing the contribution of the sum of $190,025.00 pursuant to a final cost share commitment letter. The only conditions to the City’s match will be the final approval and funding of the FEMA grant, the adoption by the City Council of a final bonding authorization and, of course, the actual passage of title. I trust this preliminary cost share commitment letter is sufficient for your present purposes and I will immediately advise you in writing of the City Council’s action on the proposed resolution. Very truly yours, Alan H. Bergren City Manager 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 Upon a motion of Ald. Jaskiewicz, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Jaskiewicz. WHEREAS, the State Board of Education has noted that educational outcomes across Connecticut exhibit a significant achievement gap, and has determined that the State’s elementary and secondary schools are in need of significant reform to address this and other critical educational issues; and WHEREAS, Governor Dannel P. Malloy recognizes that education is a key component to economic development and growth in Connecticut and a necessary foundation upon which to create a skilled workforce and attract new businesses; and WHEREAS, education reform must be initiated now so the children of this generation and future generations will develop the knowledge and skills to succeed, and the desire to stay in and contribute to the growth of Connecticut and our State; and WHEREAS, as originally presented, Senate Bill 24 contained many proposals and potential solutions addressing Norwich’s educational challenges; would be immediate and progressive in implementing them; and would position our City to achieve and provide a high performing public education; and WHEREAS, Senate Bill 24 has been modified in a manner that threatens the needed immediate education reforms for the children of our city, and which will have a negative impact on education, growth, and the development of our great State; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Norwich that it urges local and state lawmakers to restore Senate Bill 24 to its original language and intent, providing solutions that are immediate and progressive, so that Norwich can achieve educational excellence and consequently promote growth and development in our city. Upon a motion of Ald. Braddock, seconded by Ald. Desaulniers, to adopt the following resolution introduced by Ald. Braddock. 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 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 WHEREAS, the abatement provided for in the form Tax Abatement Agreement took the form of a full abatement of real estate taxes to be replaced 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, 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 amended to allow for offsets in the event of certain environmental expenses identified 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 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 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, 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 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 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 seek to have the same better defined through amendment; 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 $100,777.70 as of the date hereof, effective on such date, as the City of Norwich and Wauregan Development LLC execute and deliver a First Amendment to the Environmental Liability and Tax Abatement Agreement in form and content as attached hereto as Exhibit A and bearing the effective date of September 1, 2011 the date and time of execution notwithstanding; and BE IT FURTHER RESOLVED, that the obligations of the City under this Resolution shall become null and void if said First Amendment is not so executed and delivered on or before July 1, 2012 with time being of the essence; 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. The above resolution passed with a roll call vote 6-1, Mayor Nystrom voting in opposition. Upon a motion of Ald. Noblick, seconded by Ald. Braddock, to adopt the following resolution. Upon a motion of Ald. Bettencourt, second by Ald. Hinchey, it was unanimously voted to refer, the following resolution it to Commission on City Plan and schedule a Public Hearing for May 7, 2012, introduced by Ald. Braddock. WHEREAS, Matthew Isenburg is the former owner of property generally known as 401 North Main Street in the City of Norwich, having owned said property since 1966, having operated his business known as Simon Ford from the premises; and WHEREAS, the property generally known as 401 North Main Street is divided by a street known as 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 Fourth Street; and WHEREAS, Fourth Street was accepted as a city street by act of the Board of Selectman on July 3, 1852, as recorded in Volume 58 Page 166 of the Norwich Land Records; and WHEREAS, pursuant to Connecticut General Statutes, Section 13a‐49, the City Council may discontinue any portion of a road; and WHEREAS, that portion of Fourth Street lying between the properties formerly of Matthew Isenburg and shown on the attached map prepared by CLA Engineers entitled “Property of Matthew R. Isenberg, 401 North Main Street, Fourth Street & Fifth Street, Date: 3/1/12" has not been used or maintained by the City of Norwich for a number of years; and WHEREAS, Matthew Isenburg proposes that the portion of Fourth Street as shown on said map, from its intersection with North Main Street easterly to the right of way of the Providence & Worcester Railroad Company be discontinued as a city street in order to facilitate the development and improvement of the properties, which Matthew Isenburg has conveyed to 401 North Main Street Realty, LLC and Fourth Street Holdings, LLC, but subject to any rights of way required by the Norwich Department of Public Utilities for water or sewer service. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Norwich, that Fourth Street from its intersection with North Main Street easterly to the right of way of the Providence & Worcester Railroad Company, said area to be as described on the aforementioned survey, be and is hereby discontinued as a city street pursuant to Connecticut General Statutes, Section 13a‐49, subject to any rights of way required by the Norwich Department of Public Utilities for water or sewer service. Upon a motion of Ald. Noblick, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren. WHEREAS, the City of Norwich has a significant natural resource in the presence of the Shetucket River; and HEREAS, the designation of the river corridor as a greenway is consistent with the City of Norwich’s Plan of Conservation and Development, as indicated in its goals and objectives for open space preservation and natural resource protection; and WHEREAS, the Greenway will provide citizens with access to the rich historical, cultural and natural resources of the Shetucket River; and WHEREAS, the Greenway will enhance the local economy by attracting visitors and encourage use of this resource for recreational activities; and 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 WHEREAS, the Greenway will provide access to the outdoors, preserve scenic landscapes and may be used as a water‐trail better to connect Norwich to the Quinebaug‐Shetucket Heritage Corridor. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich, Connecticut that City manager, Alan H. Bergren be and hereby is authorized and directed to prepare and deliver to the Connecticut Greenways Council c/o the Department of Energy and Environmental Protection of the State of Connecticut, 79 Elm Street, Hartford, Connecticut 06103 a letter endorsing the nomination of the Shetucket River Greenway as a designated state greenway and expressing the support of the Council of the City of Norwich for the same. Upon a motion of Ald. Bettencourt, seconded by Ald. Desaulniers, it was unanimously voted to schedule public hearing, second reading and action on May 7, 2012 on following ordinance introduced by Ald. Bettencourt, Ald. Braddock, Noblick. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH APRIL 16, 2012 Upon motion to Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted to adjourn at 9:00 pm. CITY CLERK 15