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City Council

Regular Meeting

Norwich, CT · May 7, 2012

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 A regular meeting of the Council of the City of Norwich was held May 7, 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. Braddock led the members in the Pledge of Allegiance. Upon motion of Ald. Jaskiewicz, seconded by Ald. Bettencourt, it was unanimously voted to adopt the minutes of April 2, 9 & 16, 2012. Mayor Nystrom read the following Proclamation: PROCLAMATION WHEREAS, Eagle Scout is the highest rank attainable in the Boy Scouts of America (BSA) and since its introduction in 1911, the Eagle Scout rank has been earned by more than 2 million young men, with the title of Eagle Scout being held for life, thus giving rise to the phrase "Once an Eagle, always an Eagle"; and WHEREAS, requirements for earning the rank of Eagle Scout include earning at least 21 merit badges and demonstrating Scout Spirit, David Longton has earned 26 merit badges, has served as Troop Instructor, Order of the Arrow Representative and Assistant Senior Patrol Leader and shows his Scout Spirit through his chosen project, raising funds to recertify 21 Norwich teachers in CPR, First Aid and AED operation; and WHEREAS, David Longton raised the funds needed through well thought out and interesting fun fund raisers, such as Karate Olympics, holding the Mayor in jail waiting for people to bail him out and a haircut-a-thon; and WHEREAS, On April 21, 2012, Boy Scout David Longton from Troop 17, was recognized by the Boy Scouts of America for successfully completing all requirements for Scouting's highest rank and is now Nationally certified as an Eagle Scout; and WHEREAS, we are gathered here on this occasion, as friends, family and neighbors of Eagle Scout David Longton to support him on his attainment of the rank of Eagle Scout and to recognize the faithful and steady path taken within the Scouting organization. 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 recognize and congratulate: David Longton, Eagle Scout for this outstanding accomplishment and extending to him our deepest appreciation for all of his dedicated work and wishing him the best in all of his future endeavors. Dated this Seventh Day of May, 2012 Peter A. Nystrom Pete Desaulniers Deb Hinchey Mayor President Pro Tem Alderwoman 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SECTION 10.4. PLANNED DEVELOPMENT DESIGN DISTRICT, PPD. OF THE NORWICH ZONING ORDINANCE BY DELETING OR AMENDING CERTAIN PERMITTED USES SET 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. City Clerk read referral from Commission on City Plan: CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 Telephone: (860) 823-3739, Fax: (860) 823-3741 Ralph Page, Chairman April 18, 2012 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH AN ORDINANCE AMENDING SECTION 10.4. PLANNED DEVELOPMENT DESIGN DISTRICT, POD. OF THE NORWICH ZONING ORDINANCE BY DELETING OR AMENDING CERTAIN PERMITTED USES SET 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 At the meeting of the Council of the City of Norwich (Council) held on March 19, 2012, the ordinance described above was introduced and referred to the Commission on the City Plan (Commission) for a report pursuant to Chapter XV, Section 4 of the City Charter. The Commission on the City Plan, at its April 17, 2012 regular meeting reviewed the above-referenced referral. Seated were Acting Chairman - Arthur Sharron, Michael Lahan, Les King and John Mathieu. After careful consideration, the Commission voted unanimously to forward a FAVORABLE recommendation to the Council, as the proposed text amendment is not in conflict with the Comprehensive Plan and the remaining uses are consistent with the Plan of Conservation and Development. Respectfully submitted, aMurshn Arthur Sharron, Acting Chairman AS/j lb cc: City Clerk, City Manager Speaking in favor: Kathleen Murphy, Boswell Ave, applauded this ordinance it is very important to know what is happening on these properties. Speaking in opposition: 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 David Crabb, 47 Prospect St, opposed it doesn’t comply with the NCDC community wide plan and the economic goal, it is a default to PPD. downtown. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a Public Hearing on AN ORDINANCE APPROPRIATING $650,000 FOR PUBLIC SAFETY COMMUNICATION MODERNIZATION AND IMPROVEMENTS AND AUTHORIZING THE ISSUE OF $650,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWING FOR SUCH PURPOSE. City Clerk read referral from the Public Safety Committee: 4/28/2012 Report from the Public Safety Committee Re: Recommendation regarding the Public Safety Communication Modernization and Improvements Bond Proposal On April llth the Public Safety Committee of the Norwich City Council did meet and discussed the above named bond proposal with local public safety personnel and city staff in attendance. The committee concludes that the plan would address federally mandated narrow banding issues as well as long standing communication infrastructure problems including transmission quality by migrating from low quality copper transmission lines to Norwich Public Utilities fiber optic network and replacing old equipment. The project will address the issue with all our police and fire departments. It is anticipated that better transmission quality will enhance the safety of our first responders. For those reasons the committee, on motion made, seconded and approved unanimously, supports and recommends to the full council that the Public Safety Communication Modernization and Improvements bond proposal be approved. Ald. Mark M. Bettencourt Ald. H. Tucker Braddock Ald. Sofee Noblick Chairman Speaking in favor: Keith Ripley, Meadow Lane, pleased to see the use of fiber optics. Glad the City is moving ahead looking at the safety of our Fire and Police meeting the needed mandates. Kathleen Murphy, Boswell Ave, felt this is very needed and a long time coming. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Frank Blanchard, Fire Chief, Yantic Fire Company #1, asking for support of this very important bond package with all the improvement and development it will enhance public safety. Gerry Martin, Gillette Rd, believes it will give the emergency personnel the tools need to do there job, this is long over do. Andy Depta, 105 Vergason, felt it was time that the safety personnel and organizations have the right tools. Wondered why we bond and don’t paying with a rotating fund. Glenn Carberry, 27 Greenwich Court, speaking in favor of this ordinance, felt having good fiber optic facilities for the public safety and emergency preparedness is important. The state is working on a similar large project so Norwich is not alone and right on target. Pat Daley, Chief East Great Plains, supports this endeavor which is long over due. This will solve our communication issues, it’s a win/win situation for Norwich, it will improve efficiency. Speaking in opposition: Rodney Bowie, 62 Roosevelt Ave, felt there was no reason why this can’t be in this year’s budget. David Crabb, 47 Prospect St, opposes bonding, use the long term spending money or cash. High tech equipment will be obsolete before it’s installed and tested. There being no further speakers Mayor Nystrom declared the public hearing closed City Clerk read letter of referral from Commission of the City Plan 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Mayor Nystrom called for a Public Hearing on RELATIVE TO THE RESOLUTION CONCERNING THE DISCONTINUANCE OF A PORTION OF FOURTH STREET LOCATED ON THE PROPERTY FORMERLY OWNED BY MATTHEW ISENBURG Speaking in favor: Keith Ripley, Meadow Lane, supports this idea, it’s best for the City in these changing times. Mark Block, 108 Plain Hill Rd, speaking for Matthew Isenburg who sold this property to Robert Kleemann, This section was bisected by a small section of Fourth St. which hasn’t been used in decades. This was accepted in 1852 by the Board of Selectman and now asking the city to discontinue the use of this small section of Fourth St, yet easement would stay as written. Speaking in opposition: None There being no further speakers Mayor Nystrom declared the public hearing closed. Upon a motion Ald. Hinchey, seconded Ald. Bettencourt it was unanimously voted to waive the reading of the full text an incorporate it into the minutes. Mayor Nystrom called for the second reading and action on AN ORDINANCE AMENDING SECTION 10.4. PLANNED DEVELOPMENT DESIGN DISTRICT, PPD. OF THE NORWICH ZONING ORDINANCE BY DELETING OR AMENDING CERTAIN PERMITTED USES SET 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. AN ORDINANCE AMENDING SECTION 10.4. PLANNED DEVELOPMENT DESIGN DISTRICT, PDD. OF THE NORWICH ZONING ORDINANCE BY DELETING OR AMENDING CERTAIN PERMITTED USES SET 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. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 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. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 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. 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. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Upon a motion Ald. Jaskiewicz, seconded by Ald. Desaulniers, it was unanimously voted to adopt the above ordinance by 7-0 roll call vote introduced by Ald. Braddock, Ald. Desaulniers. Upon a motion Ald. Hinchey, seconded Ald. Noblick it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Mayor Nystrom called for the second reading and action AN ORDINANCE APPROPRIATING $650,000 FOR PUBLIC SAFETY COMMUNICATION MODERNIZATION AND IMPROVEMENTS AND AUTHORIZING THE ISSUE OF $650,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWING FOR SUCH PURPOSE. on 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Upon a motion Ald. Bettencourt, seconded by Ald. Jaskiewicz, it was unanimously voted to adopt the above ordinance by roll call vote 7-0, introduced by Ald. Bettencourt, Braddock, and Noblick. Upon a motion Ald. Jaskiewicz, seconded by Ald. Bettencourt, it was unanimously voted to accept the report from Commission on City Plan Report from Commission on City Plan relative to ordinance amending section 10.4. of the Norwich Zoning Ordinance. Upon a motion Ald. Jaskiewicz, seconded by Ald. Bettencourt, it was unanimously voted to accept the Report from the Public Safety Committee regarding the Public Safety Communication Modernization and Improvements Bond Proposal. Upon a motion Ald. Jaskiewicz, seconded by Ald. Bettencourt, it was unanimously voted to accept the Report from Commission on City Plan relative to the discontinuance of a portion of Fourth St. at 401 North Main St. Upon a motion Ald. Bettencourt, seconded by Ald. Braddock, it was unanimously voted to accept a letter of resignation from Pete Desaulniers, from Mohegan Park Improvement and Development Advisory Committee. City Managers Bergren gave his report as follows: DATE: May 7, 2012 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 Forum will be held this Saturday, May 12th at 9:00 A.M. at the Laurel Hill Fire Station. • On Monday, May 14, 2012 at 7:30 P.M., the second public hearing on the budget will be held in Council Chambers. 2. Department Quarterly Reports Please see the third quarterly report from departments which are attached. 3. Police The Police Officers who responded to the Dime Bank robbery on last Wednesday did an outstanding job, the accused bank robber was in custody in less than 10 minutes and the stolen money was recovered. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Chief Fusaro said it was “text-book operation” by the Police Officers involved and they will be commended for it. 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 28 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 29 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 30 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 31 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 32 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 33 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 34 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 35 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 36 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Upon a motion Ald. Jaskiewicz, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution 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 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. 37 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Mayor Nystrom called for citizen comment David Crabb, 47 Prospect St., opposed to resolution #1 and #7, Norwich exceeded population growth giving it enough revenue on a per cap basis, to lower the mil rate with more people taxes should decrease, use last year’s budget. Resolution #7 creates a danger with EPA effecting all business along the river. Rodney Bowie, 62 Roosevelt Ave, opposed to resolution #1. Opposed resolution #8 failed to see notice in paper about hearings. Felt that rents need to be raised, and spending should be evaluated. Glenn Carberry, 27 Greenwich Court, Comment on resolution #4 Mr. Goldman is an asset and we owe gratitude to all public officials who volunteer. Felt the role of utilities members should be independent representatives. Keith Ripley, Meadow Lane, echoed previous speaker on resolution #4 that Mr. Goldman will be a great value to the Board. Applauds the interview process on boards, it is a step in the right direction. Concerned about the process used for resolution #1. Joanne Philbrick, 10 Elm St, spoke on resolution #1 disheartened that the mil will raise on strapped citizens. Endorsed resolution #4 and #6 with all appointments. Opposed resolution #5 . Looking forward to resolution #8 Block Grants. Let all work together for a city we are proud of. Al Mayo, Russell Road, spoke on resolution #1 that the city should work together with minorities. Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Braddock, seconded by Ald. Desaulniers, to introduce the following resolution introduced by Mayor Nystrom. RESOLVED, that the proposed preliminary budget for Fiscal Year 2012-2013 be tentatively adopted, with a public hearing scheduled for Monday, May 14, 2012 at 7:30 PM in the Council Chambers of City Hall. Upon a motion of Ald. Desaulniers, seconded Ald. Braddock, to amend the above resolution to add: Norwich Fire, page 137, Line # 80012 to add 1 firefighter to be hired on 2/1/2013, $19,250, mill rate change 0.03, % change in mill rate 0.74%. Amended motion passed with a roll call vote 7-0 to adopt the above amendment. Upon a motion of Ald. Jaskiewicz, seconded Ald. Braddock, to further amend the above resolution to add: 38 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Board of Education, page 125, Line # 80070 to fund 2,82% increase to Norwich Public School budget over 2011-12 budget, $899,356, mill rate 0.39, % change in mill rate 1.58%. No vote taken on above motion. Upon motion Ald. Desaulniers, seconded Ald. Braddock to postpone this action until June 4, 2012, ( awaiting out come of State Education Vote), motion to postpone passed with a roll call vote of 4-3 with Ald. Hinchey, Ald. Jaskiewicz and Mayor Nystrom opposed. Upon a motion of Ald. Braddock, seconded Ald. Bettencourt, to amend the above resolution to add: Otis Library, page 128, Line #80077 to increase funding to Otis Library, $50,000, mill change 0.03, % change in mill rate 0.12%. Amended motion passed with a roll call vote of 6-0 with (Ald. Hinchey recusing at the introduction of the resolution). Upon a motion of Ald. Desaulniers, seconded Ald. Jaskiewicz to amend the above resolution to add: City Council, page 74, Line #87102 add funding for Taste of Italy, $5,000, mill change .00, % change in mill rate .00%. Amended motion passed with a roll call vote passed 7-0. The following is the amended resolution showing the above changes: RESOLVED, that the proposed preliminary budget for Fiscal Year 2012-2013, as amended by the changes listed on Schedule A, be tentatively adopted, with a public hearing scheduled for Monday, May 14, 2012 at 7:30 PM in the Council Chambers of City Hall. SCHEDULE A General Fund Page # Department Line # Description Change in Change in % Change in 39 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Expenditures Mill Rate Mill Rate 74 City Council 87102 Add funding for Taste of Italy 5,000 - 0.00% 128 Otis Library 80077 Increase funding to Otis Library 50,000 0.03 0.12% 55,000 0.03 0.12% City Consolidated Fire District Page Change in Change in % Change in # Department Line # Description Expenditures Mill Rate Mill Rate To add 1 Firefighter to be hired 137 Norwich Fire 80012 on 2/1/2013 19,250 0.03 0.74% AN ORDINANCE CONCERNING THE TAX LEVY ON THE LIST OF OCTOBER 1, 2011 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. On the City Assessment list of 2011 a tax of twenty-six and two hundredths (26.02) mills on the dollar is hereby granted to be levied upon the ratable estate within the City of Norwich of the inhabitants of said City and all others liable to pay taxes therein. Section 2. On the City Assessment list of 2011, a tax of thirty-six hundredths (0.36) mills on the dollar, is hereby granted to be levied for fire services upon the ratable estate within the Town Consolidated District of the inhabitants of said District and of all others in said district liable to pay taxes therein. Section 3. On the City Assessment list of 2011, a tax of four and fifty-six hundredths (4.56) mills on the dollar, is hereby granted to be levied for fire services upon the ratable estate within the City Consolidated District of the inhabitants of said District and of all others in said district liable to pay taxes therein. Section 4. Real Estate and Personal Property, shall become due on July 1, 2012, and payable on said date in whole or in equal installments from that date, namely on July 1, 2012 and January 1, 2013 except that any tax of less than one hundred dollars shall be due and payable on July 1, 2012. If the first installment is not paid on or before August 1, 2012 or if the second installment is not paid on or before February 1, 2013, interest will be charged on any such delinquent payment at the rate of one and one-half (1½%) per cent per month from the due date or $2.00 whichever is greater, as provided for in the general statutes. Any person may pay the total amount of such tax for which he is liable at the time when the first installment shall be payable. Section 5. Motor Vehicle taxes shall become due and payable in whole on July 1, 2012. If the payment is not paid on or before August 1, 2012 interest will be charged on the delinquent payment at the rate of one and one-half (1½%) per cent per month from due date or $2.00 whichever is greater, as provided for in the general statutes. 40 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 AN ORDINANCE RELATIVE TO THE APPROPRIATIONS FOR THE CITY OF NORWICH AND THE CITY CONSOLIDATED DISTRICT OF SAID CITY FOR THE FISCAL YEAR 2012-13. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, the following appropriations hereby are made to meet the expense of the City of Norwich and City Consolidated District of the City of Norwich for the fiscal year beginning July 1, 2012 and ending June 30, 2013 to wit: 41 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 CITY OF NORWICH COMPARATIVE BUDGET SUMMARY AS REQUIRED BY CITY CHARTER GENERAL FUND AND SPECIAL REVENUE FUNDS 2012-13 2012-13 TENTATIVELY 2010-11 REVISED 2011-12 REVISED PROPOSED ADOPTED BUDGET BUDGET BUDGET BUDGET City Manager 258,446 264,118 271,234 271,234 Finance 1,234,042 1,269,604 1,357,829 1,357,829 City Treasurer 203,777 203,834 217,706 217,706 Assessment 358,342 361,349 371,403 371,403 Human Resources 386,779 370,111 407,031 407,031 Law 420,000 420,000 436,800 436,800 City Clerk 380,322 340,884 351,378 351,378 City Council 354,276 391,500 366,772 371,772 Police 10,432,927 11,040,487 12,201,876 12,201,876 Fire - Central 1,704,377 1,827,077 2,012,674 2,012,674 Fire - East Great Plain 111,349 109,781 118,178 118,178 Fire - Laurel Hill 50,207 45,997 51,749 51,749 Fire - Occum 68,132 62,866 60,766 60,766 Fire - Taftville 112,983 114,786 124,290 124,290 Fire - Yantic 114,070 114,229 131,445 131,445 Recreation 557,215 551,103 665,529 665,529 Human Services 1,228,338 1,282,221 1,354,846 1,354,846 Public Works 9,147,985 9,005,167 9,673,295 9,673,295 Election 116,740 109,979 116,802 116,802 Planning & Development 1,020,464 895,221 920,912 920,912 Debt Service - Principal 3,475,000 3,970,000 3,960,000 3,960,000 Debt Service - Interest 1,100,240 1,001,075 1,204,332 1,204,332 Miscellaneous 6,805,347 7,343,007 7,840,098 7,890,098 Emergency Management 52,499 51,048 70,190 70,190 Education 62,952,966 68,163,405 69,185,856 69,185,856 City Consolidated Fire District 5,817,401 5,910,738 6,563,113 6,582,363 Town Consolidated Fire District 519,498 535,662 554,376 554,376 TOTALS 108,983,722 115,755,249 120,590,480 120,664,730 General Operations 32,760,551 33,801,677 36,708,568 36,763,568 Debt Service 4,575,240 4,971,075 5,164,332 5,164,332 Capital Improvements 2,358,066 2,372,692 2,414,235 2,414,235 Education 62,952,966 68,163,405 69,185,856 69,185,856 City Consolidated Fire District 5,817,401 5,910,738 6,563,113 6,582,363 Town Consolidated Fire District 519,498 535,662 554,376 554,376 TOTALS 108,983,722 115,755,249 120,590,480 120,664,730 42 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Upon a motion of Ald. Jaskiewicz, seconded by Ald. Hinchey, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom. RESOLVED, that the council member named below be, and hereby is, appointed to fill a vacancy on the Norwich Ice Arena Authority for a term to expire April 1, 2013. Pete Desaulniers (D) RESOLVED, that the council member named below be, and hereby is, appointed to fill the council vacancy left on the Mohegan Park Improvement and Development Advisory Committee by the resignation of Pete Desaulniers for the remainder of the term which expires, December 5, 2013. Mark Bettencourt (D) Upon a motion of Ald. Braddock, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom. WHEREAS, the City of Norwich has foreclosed on and is the owner of real property known as 631 West Main Street, shown in the records of the Norwich Tax Assessor as Map 108, Block 3, Lot 86; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to appoint a committee to evaluate the property, and to provide recommendations to the Council of the City of Norwich as to the disposition of the property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that a committee to consist of Alderman H. Tucker Braddock Jr, Alderman Mark Bettencourt and Alderwoman Sofee Noblick be and hereby are appointed as the 631 West Main Street Advisory Committee to report its recommendations as to the disposition of the City’s property know as 631 West Main Street to the Council of the City Norwich by July 16th, 2012. Upon a motion of Ald. Desaulniers, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Bettencourt, Braddock, Hinchey and Jaskiewicz. WHEREAS, Larry Goldman 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 said term has expired. WHEREAS, another vacancy exists due to the extended illness and absence of Commissioner Frank Demicco. 43 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 WHEREAS, the City Council has interviewed several interested candidates that applied for a position on the Board of Public Utilities Commissioners and Sewer Authority. NOW, THEREFORE, BE IT RESOLVED, that Larry Goldman 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. BE IT FURTHER RESOLVED, that Robert Groner be and hereby is, appointed to fill the Board of Public Utilities Commissioners and Sewer Authority of the City of Norwich for the unexpired term of Frank Demicco that will end March 1, 2013. Upon a motion of Ald. Braddock, seconded by Ald. Hinchey., it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom. WHEREAS, the Italian Heritage and Cultural Committee of Norwich will sponsor the 21st year of “The Taste of Italy” at the Howard T. Brown Park on September 8, 2012. WHEREAS, “The Taste of Italy” allows the Italian Community to share its cultural heritage with the Norwich Community and permits festival goers to enjoy the food, music and entertainment of Italy; and WHEREAS, the Italian Heritage and Cultural Committee of Norwich has requested permission to sell beer and wine during the festival. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 13.14.2 of the Norwich Code of Ordinances, the City Manager is authorized to grant the Italian Heritage and Cultural Committee of Norwich permission to serve and sell beer and wine at “The Taste of Italy” festival to be held on September 8, 2012 at the Howard T. Brown Park subject to satisfactory proof that the Italian Heritage and Cultural Committee of Norwich has complied with applicable regulations of the State Liquor Commission. Upon a motion of Ald. Desaulniers, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and City Manager Alan H. Bergren. WHEREAS, the City Manager, Alan H. Bergren, proposes to appoint, subject to the approval of the Council, Gerald M. Martin (R) as a regular member to the Harbor Management Commission for a term to expire on 12/6/13, or until a successor is appointed, and; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby approves the appointment of Gerald M. Martin to the Harbor Management Commission. 44 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Upon a motion of Ald. Braddock, seconded by Ald. Jaskiewicz, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and Ald. Braddock. WHEREAS, the Department of Energy and Environmental Protection provides grants for the acquisition or restoration of open space land under its Open Space and Watershed Land Acquisition Grant Program; and WHEREAS, said program has a current grant application deadline of June 28, 2012; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to file a grant application with respect to the property known as 31 New London Turnpike, presently owned by the Bugbee and Gawendo Real Estate Partnership pursuant to a deed recorded at volume 1200, page 30 of the Norwich Land Records, as this property is in the flood plain of the Yantic River and, being considered for acquisition if through a grant application made by the City of Norwich to the Federal Emergency Management Administration is successful; and WHEREAS, the Council of the City of Norwich recognizes the lands acquired using an Open Space and Watershed Land Acquisition Grant must be maintained as accessible to the public without limitation, may not be developed into any intensive outdoor recreation facility and require a conservation easement in favor the State of Connecticut to provide public access in accordance with Connecticut General Statute §7‐ 131d (e). NOW THEREFORE, BE IT RESOLVED by the Council of the City of Norwich, that City Manager Alan H. Bergren with the assistance of the Norwich Community Development Corporation be and hereby is authorized and directed to make an application for assistance in the acquisition or restoration of this land as open space under the Department of Energy and Environmental Protection Open Space and Watershed Land Acquisition Grant Agreement and to deliver such an application and all necessary supporting materials to the Department of Energy and Environmental Protection on or before the grant application deadline of June 28, 2012; and BE IT FURTHER RESOLVED by the Council of the City of Norwich that, should the City of Norwich receive a grant for the acquisition and restoration of said property under the Open Space and Watershed Land Acquisition Grant Program, and acquire the same, City Manager Alan H. Bergren be and hereby is authorized at the closing on said property to execute and deliver a permanent conservation agreement as defined in Connecticut General Statute §47‐42 satisfactory to him and the State of Connecticut, which conservation easement shall provide that the property shall remain forever predominantly in its natural and open condition for the specific conservation, open space or water supply purposes for which it was acquired, permitting only such improvements and changes to the property as shall support such conditions or purposes, and which shall provide that the property be made available to the general public for appropriate recreational purposes unless an exception to this provision shall be made at the discretion of the Commissioner of the Department of Energy and Environmental Protection; and to deliver the same to the State of Connecticut through the Commissioner of the Department of Energy and Environmental Protection together with other such documents as he deems necessary. 45 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Upon a motion of Ald. Desaulniers, seconded by Ald. Noblick, it was unanimously voted to schedule second reading and public hearing for May 21, 2012 on the following resolution introduced by City Manager Alan H. Bergren. WHEREAS, the City of Norwich is expected to receive $735,831 of Community Development Block Grant (CDBG) funds in PY 2012 from the United States Department of Housing and Urban Development, and WHEREAS, the Community Development Advisory Committee (CDAC) has held public hearings and voted on their recommendations for CDBG allocations in the month of April, and WHEREAS, the CDAC recommendations are subject to a 30-day comment period prior to being submitted to HUD; and WHEREAS, the Council of the City of Norwich must hold a public hearing prior to the vote regarding the Block Grant, and WHEREAS, a notice of a public hearing before the Council to be held on May 21, 2012 at 7:30 pm in Council Chambers has been published in the local media, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council shall and hereby does schedule a public hearing to be held at the May 21, 2012 Council meeting on the subject of Community Development Block Grant allocation recommendations for PY 2012. Anticipated PY 2012 CDBG Funds $ 735,831.00 $ 735,831.00 Application CDAC Request Recommendation 1 CD Office - Administration $ 147,166.00 $147,166.00 2 NHS - Hospitality Center $ 30,500.00 $ 23,000.00 3 NHS - Y&FS - Norwich Juvenile Justice Alliance Case Manager $ 21,500.00 $ 21,500.00 Big Brothers Big Sisters of SE CT - One-to-One Norwich 4 Mentors $ 4,000.00 $ 4,000.00 5 NHS - Norwich Works $ 43,000.00 $ 27,000.00 Opportunities Industrialization Center (OIC) of NL County - 6 Project Employment $ 25,000.00 $ - 7 Literacy Volunteers of Eastern CT - Norwich English Help $ 10,000.00 $ 2,400.00 Norwich Adult Education - Community Development through 8 ESOL Instruction $ 10,000.00 $ 6,000.00 Women's Center of S.E. CT - Norwich Domestic Violence 9 Response Team $ 5,000.00 $ 5,000.00 10 Norwich Housing Authority - JFK Heights I roof replacement $ 115,000.00 $ 70,000.00 11 Norwich Police Dept - Downtown Security Camera System $ 150,000.00 $ 150,000.00 12 CD Office - Economic Development Job Creation/Retention $ 110,000.00 $ 50,000.00 13 CD Office - Home Ownership Assistance Program $ 125,000.00 $ - 14 CD Office - Property Rehabilitation Program $ 250,000.00 $ 229,765.00 United Congregational Church of Norwich - Community 15 Center Renovation $ 179,867.00 $ - Total Requests $ 1,226,033.00 $735,831.00 46 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 7, 2012 Upon a motion of Ald. Bettencourt, seconded by Ald. Braddock, it was unanimously voted to have second reading and schedule a Public Hearing May 21, 2012 on the following ordinance introduced by City Manager Bergren. AN ORDINANCE AMENDING SECTION 2­55(a) TO ADD TWO ADDITIONAL ALTERNATE MEMBERS TO THE ETHICS COMMISSION. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that: Section 2‐55(a) of the Norwich Code of Ordinances be and hereby is amended as follows: 1) (a) Ethics commission. There shall be an Ethics Commission consisting of five (5) members and four two (4) (2) alternate members. The council shall appoint commission members and alternate members who shall serve for a term of two (2) years. Upon the expiration of a term, the council may reappoint a commission member or alternate member to a new term, provided that no person who has served as either a member or alternate for three (3) consecutive terms may be reappointed. (1) All Commission members and alternates shall be resident electors of the city. (2) Commission members and alternates may not be officers, officials, or employees of the city by virtue of service other than service on the Ethics Commission. 2) This ordinance shall become effective July 1, 2012. The initial term of the new alternate members appointed hereunder shall expire on October 18, 2013, and they may thereafter be appointed to two (2) two­year terms pursuant to the provisions of subsection(a). Purpose: To add more alternate members to the Ethics Commission to be available to consider matters requiring recusal of one or more members of the Commission or alternates. Mayor asked for a moment of silence for Frank Demicco. Motion to adjourn Ald. Desaulniers, second Ald. Noblick at 9:35 pm. CITY CLERK 47

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH May 7, 2012 7:30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: Meetings of April 2, 9 & 16, 2012 PROCLAMATIONS AND SPECIAL OBSERVANCES 1. Eagle Scout David Longton PUBLIC HEARINGS 1. AN ORDINANCE AMENDING SECTION 10.4. PLANNED DEVELOPMENT DESIGN DISTRICT, PPD. OF THE NORWICH ZONING ORDINANCE BY DELETING OR AMENDING CERTAIN PERMITTED USES SET 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. 2. AN ORDINANCE APPROPRIATING $650,000 FOR PUBLIC SAFETY COMMUNICATION MODERNIZATION AND IMPROVEMENTS AND AUTHORIZING THE ISSUE OF $650,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWING FOR SUCH PURPOSE. 3. RELATIVE TO A RESOLUTION CONCERNING THE DISCONTINUANCE OF A PORTION OF FOURTH STREET LOCATED ON THE PROPERTY FORMERLY OWNED BY MATTHEW ISENBURG. SECOND READING AND ACTION ON ORDINANCES PETITIONS AND COMMUNICATIONS 1. Report from Commission on City Plan relative to ordinance amending section 10.4. of the Norwich Zoning Ordinance. 2. Report from the Public Safety Committee regarding the Public Safety Communication Modernization and Improvements Bond Proposal. 3. Report from Commission on City Plan relative to the discontinuance of a portion of Fourth St. at 401 North Main St. 4. Receipt of resignation of Pete Desaulniers from the Mohegan Park Improvement and Development Advisory Committee. CITY MANAGER’S REPORT OLD BUSINESS RESOLUTIONS 1. Relative to a resolution concerning the discontinuance of a portion of Fourth Street located on the property formerly owned by Matthew Isenburg. CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to the tentative adoption of the preliminary budget for fiscal year 2012-2013. 2. Relative to the appointment to the Norwich Ice Arena Authority and the Mohegan Park Improvement and Development Advisory Committee. 3. Relative to referring the disposition of 631 West Main St. to an advisory committee for recommendation. 4. Relative to the appointments of NPU Commissioners. 5. Relative to the sale of beer & wine at “The Taste of Italy” food festival. 6. Relative to the appointment to the Harbor Management Commission. 7. Relative to authorizing the City Manager to apply for grants regarding Open Space and Watershed Land Acquisition Grant Program. 8. Relative to a resolution scheduling a Public Hearing on the Community Development Block Grant allocations. NEW BUSINESS ORDINANCES (First Reading) 1. Relative to an ordinance amending section 2-55(a) to add two additional alternate members to the Ethics Commission. City Clerk City Of Norwich Mayors Office Peter Albert Nystrom, Mayor PROCLAMATION WHEREAS, Eagle Scout is the highest rank attainable in the Boy Scouts of America (BSA) and since its introduction in 1911, the Eagle Scout rank has been earned by more than 2 million young men, with the title of Eagle Scout being held for life, thus giving rise to the phrase "Once an Eagle, always an Eagle"; and WHEREAS, requirements for earning the rank of Eagle Scout include earning at least 21 merit badges and demonstrating Scout Spirit, David Longton has earned 26 merit badges, has served as Troop Instructor, Order of the Arrow Representative and Assistant Senior Patrol Leader and shows his Scout Spirit through his chosen project, raising funds to recertify 21 Norwich teachers in CPR, First Aid and AED operation; and WHEREAS, David Longton raised the funds needed through well thought out and interesting fun fund raisers, such as Karate Olympics, holding the Mayor in jail waiting for people to bail him out and a haircut-a-thon; and WHEREAS, On April 21, 2012, Boy Scout David Longton from Troop 17, was recognized by the Boy Scouts of America for successfully completing all requirements for Scouting's highest rank and is now Nationally certified as an Eagle Scout; and WHEREAS, we are gathered here on this occasion, as friends, family and neighbors of Eagle Scout David Longton to support him on his attainment of the rank of Eagle Scout and to recognize the faithful and steady path taken within the Scouting organization. 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 recognize and congratulate: David Longton, Eagle Scout for this outstanding accomplishment and extending to him our deepest appreciation for all of his dedicated work and wishing him the best in all of his future endeavors. Dated this Seventh Day of May, 2012 Peter A. Nystrom Pete Desaulniers Mayor President Pro Tem Deb Hinchey Alderwoman PUBLIC HEARING #1 AN ORDINANCE AMENDING SECTION 10.4. PLANNED DEVELOPMENT DESIGN DISTRICT, PDD. OF THE NORWICH ZONING ORDINANCE BY DELETING OR AMENDING CERTAIN PERMITTED USES SET 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. 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. Submitted by Alderman Tucker Braddock Alderman Peter Desaulniers PUBLIC HEARING #2 Alderman Mark Bettencourt Alderman H. Tucker Braddock Jr. Alderwoman Sofee Noblick PUBLIC HEARING #3 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 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. Alderman H. Tucker Braddock Jr. Public Hearing #3 .. ~' ;.~ R'~fP( , ~) Pe-titions & Communications #2 4/28/2012 Report from the Public Safety Committee Re: Recommendation regarding the Public Safety Communication Modernization and Improvements Bond Proposal On Aprilllth the Public Safety Committee ofthe Norwich City Council did meet and discussed the above named bond proposal with local public safety personnel and city staff in attendance. The committee concludes that the plan would address federally mandated narrow banding issues as well as long standing communication infrastructure problems including transmission quality by migrating from low quality copper transmission lines to Norwich Public Utilities fiber optic network and replacing old equipment. The project will address the issue with all our police and fire departments. It is anticipated that better transmission quality will enhance the safety of our first responders. For those reasons the committee, on motion made, seconded and approved unanimously, supports and recommends to the full council that the Public Safety Communication Modernization and Improvements bond proposal be approved. Ald. Mark M. Bettencourt Ald. H. Tucker Braddock Ald. Sofee Noblick Chairman Resolution #1 (Old Business) 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 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. Alderman H. Tucker Braddock Jr. RESOLUTION #1 RESOLVED, that the proposed preliminary budget for Fiscal Year 2012- 2013 be tentatively adopted, with a public hearing scheduled for Monday, May 14, 2012 at 7:30 PM in the Council Chambers of City Hall. Mayor Peter Albert Nystrom RESOLUTION #2 RESOLVED, that the council member named below be, and hereby is, appointed to fill a vacancy on the Norwich Ice Arena Authority for a term to expire April 1, 2013. Pete Desaulniers (D) RESOLVED, that the council member named below be, and hereby is, appointed to fill the council vacancy left on the Mohegan Park Improvement & Development Advisory Committee by the resignation of Pete Desaulniers for the remainder of the term which expires, December 5, 2013. Mark Bettencourt (D) Mayor Peter A. Nystrom RESOLUTION #3 WHEREAS, the City of Norwich has foreclosed on and is the owner of real property known as 631 West Main Street, shown in the records of the Norwich Tax Assessor as Map 108, Block 3, Lot 86; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to appoint a committee to evaluate the property, and to provide recommendations to the Council of the City of Norwich as to the disposition of the property. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that a committee to consist of Alderman H. Tucker Braddock Jr, Alderman Mark Bettencourt and Alderwoman Sofee Noblick be and hereby are appointed as the 631 West Main Street Advisory Committee to report its recommendations as to the disposition of the City’s property know as 631 West Main Street to the Council of the City Norwich by July 16th, 2012. Mayor Peter Albert Nystrom RESOLUTION #4 WHEREAS, Larry Goldman 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 said term has expired. WHEREAS, another vacancy exists due to the extended illness and absence of Commissioner Frank Demicco. WHEREAS, the City Council has interviewed several interested candidates that applied for a position on the Board of Public Utilities Commissioners and Sewer Authority. NOW, THEREORE, BE IT RESOLVED, that Larry Goldman 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. BE IT FURTHER RESOLVED, that Robert Groner be and hereby is, appointed to fill the Board of Public Utilities Commissioners and Sewer Authority of the City of Norwich for the unexpired term of Frank Demicco that will end March 1, 2013. Ald. Mark Bettencourt Ald. H. Tucker Braddock Ald. Deb Hinchey Ald. Charles Jaskiewicz RESOLUTION #5 WHEREAS, the Italian Heritage and Cultural Committee of Norwich will sponsor the 21st year of “The Taste of Italy” at the Howard T. Brown Park on September 8, 2012. WHEREAS, “The Taste of Italy” allows the Italian Community to share its cultural heritage with the Norwich Community and permits festival goers to enjoy the food, music and entertainment of Italy; and WHEREAS, the Italian Heritage and Cultural Committee of Norwich has requested permission to sell beer and wine during the festival. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 13.14.2 of the Norwich Code of Ordinances, the City Manager is authorized to grant the Italian Heritage and Cultural Committee of Norwich permission to serve and sell beer and wine at “The Taste of Italy” festival to be held on September 8, 2012 at the Howard T. Brown Park subject to satisfactory proof that the Italian Heritage and Cultural Committee of Norwich has complied with applicable regulations of the State Liquor Commission. Mayor Peter A. Nystrom RESOLUTION #6 WHEREAS, the City Manager, Alan H. Bergren, proposes to appoint, subject to the approval of the Council, Gerald M. Martin (R) as a regular member to the Harbor Management Commission for a term to expire on 12/6/13, or until a successor is appointed, and; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby approves the appointment of Gerald M. Martin to the Harbor Management Commission. Mayor Peter A. Nystrom City Manager Alan H. Bergren RESOLUTION #7 WHEREAS, the Department of Energy and Environmental Protection provides grants for the acquisition or restoration of open space land under its Open Space and Watershed Land Acquisition Grant Program; and WHEREAS, said program has a current grant application deadline of June 28, 2012; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to file a grant application with respect to the property known as 31 New London Turnpike, presently owned by the Bugbee and Gawendo Real Estate Partnership pursuant to a deed recorded at volume 1200, page 30 of the Norwich Land Records, as this property is in the flood plain of the Yantic River and, being considered for acquisition if through a grant application made by the City of Norwich to the Federal Emergency Management Administration is successful; and WHEREAS, the Council of the City of Norwich recognizes the lands acquired using an Open Space and Watershed Land Acquisition Grant must be maintained as accessible to the public without limitation, may not be developed into any intensive outdoor recreation facility and require a conservation easement in favor the State of Connecticut to provide public access in accordance with Connecticut General Statute §7‐131d (e). NOW THEREFORE, BE IT RESOLVED by the Council of the City of Norwich, that City Manager Alan H. Bergren with the assistance of the Norwich Community Development Corporation be and hereby is authorized and directed to make an application for assistance in the acquisition or restoration of this land as open space under the Department of Energy and Environmental Protection Open Space and Watershed Land Acquisition Grant Agreement and to deliver such an application and all necessary supporting materials to the Department of Energy and Environmental Protection on or before the grant application deadline of June 28, 2012; and BE IT FURTHER RESOLVED by the Council of the City of Norwich that, should the City of Norwich receive a grant for the acquisition and restoration of said property under the Open Space and Watershed Land Acquisition Grant Program, and acquire the same, City Manager Alan H. Bergren be and hereby is authorized at the closing on said property to execute and deliver a permanent conservation agreement as defined in Connecticut General Statute §47‐42 satisfactory to him and the State of Connecticut, which conservation easement shall provide that the property shall remain forever predominantly in its natural and open condition for the specific conservation, open space or water supply purposes for which it was acquired, permitting only such improvements and changes to the property as shall support such conditions or purposes, and which shall provide that the property be made available to the general public for appropriate recreational purposes unless an exception to this provision shall be made at the discretion of the Commissioner of the Department of Energy and Environmental Protection; and to deliver the same to the State of Connecticut through the Commissioner of the Department of Energy and Environmental Protection together with other such documents as he deems necessary. Mayor Peter A. Nystrom Ald. H. Tucker Braddock Jr. RESOLUTION #8 WHEREAS, the City of Norwich is expected to receive $735,831 of Community Development Block Grant (CDBG) funds in PY 2012 from the United States Department of Housing and Urban Development, and WHEREAS, the Community Development Advisory Committee (CDAC) has held public hearings and voted on their recommendations for CDBG allocations in the month of April, and WHEREAS, the CDAC recommendations are subject to a 30-day comment period prior to being submitted to HUD; and WHEREAS, the Council of the City of Norwich must hold a public hearing prior to the vote regarding the Block Grant, and WHEREAS, a notice of a public hearing before the Council to be held on May 21, 2012 at 7:30 pm in Council Chambers has been published in the local media, NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council shall and hereby does schedule a public hearing to be held at the May 21, 2012 Council meeting on the subject of Community Development Block Grant allocation recommendations for PY 2012. Anticipated PY 2012 CDBG Funds $ 735,831.00 $ 735,831.00 Application CDAC Request Recommendation 1 CD Office - Administration $ 147,166.00 $147,166.00 2 NHS - Hospitality Center $ 30,500.00 $ 23,000.00 3 NHS - Y&FS - Norwich Juvenile Justice Alliance Case Manager $ 21,500.00 $ 21,500.00 Big Brothers Big Sisters of SE CT - One-to-One Norwich 4 Mentors $ 4,000.00 $ 4,000.00 5 NHS - Norwich Works $ 43,000.00 $ 27,000.00 Opportunities Industrialization Center (OIC) of NL County - 6 Project Employment $ 25,000.00 $ - 7 Literacy Volunteers of Eastern CT - Norwich English Help $ 10,000.00 $ 2,400.00 Norwich Adult Education - Community Development through 8 ESOL Instruction $ 10,000.00 $ 6,000.00 Women's Center of S.E. CT - Norwich Domestic Violence 9 Response Team $ 5,000.00 $ 5,000.00 10 Norwich Housing Authority - JFK Heights I roof replacement $ 115,000.00 $ 70,000.00 11 Norwich Police Dept - Downtown Security Camera System $ 150,000.00 $ 150,000.00 12 CD Office - Economic Development Job Creation/Retention $ 110,000.00 $ 50,000.00 13 CD Office - Home Ownership Assistance Program $ 125,000.00 $ - 14 CD Office - Property Rehabilitation Program $ 250,000.00 $ 229,765.00 United Congregational Church of Norwich - Community 15 Center Renovation $ 179,867.00 $ - Total Requests $ 1,226,033.00 $735,831.00 City Manager Alan H. Bergren ORDINANCE #1 AN ORDINANCE AMENDING SECTION 2­55(a) TO ADD TWO ADDITIONAL ALTERNATE MEMBERS TO THE ETHICS COMMISSION. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that: Section 2‐55(a) of the Norwich Code of Ordinances be and hereby is amended as follows: 1) (a) Ethics commission. There shall be an Ethics Commission consisting of five (5) members and four two (4) (2) alternate members. The council shall appoint commission members and alternate members who shall serve for a term of two (2) years. Upon the expiration of a term, the council may reappoint a commission member or alternate member to a new term, provided that no person who has served as either a member or alternate for three (3) consecutive terms may be reappointed. (1) All Commission members and alternates shall be resident electors of the city. (2) Commission members and alternates may not be officers, officials, or employees of the city by virtue of service other than service on the Ethics Commission. 2) This ordinance shall become effective July 1, 2012. The initial term of the new alternate members appointed hereunder shall expire on October 18, 2013, and they may thereafter be appointed to two (2) two­year terms pursuant to the provisions of subsection(a). Purpose: To add more alternate members to the Ethics Commission to be available to consider matters requiring recusal of one or more members of the Commission or alternates. Submitted by City Manager Alan H. Bergren

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