City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 2012 A regular meeting of the Council of the City of Norwich was held July 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. Desaulniers read the opening prayer and Ald. Bettencourt led the members in the Pledge of Allegiance. Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SECTION 2­55(c)(3) NOTICES AND INVESTIGATIONS OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 55(c)(3) of the Norwich Code of Ordinances be and hereby is amended as follows: (c) Procedure for receiving and hearing complaints. (3) Notices and investigations. Upon receiving a complaint of an alleged violation of the code of ethics. The commission shall, within five (5) business days, notify in writing the person about whom said complaint has been filed, advising the concerned person of the specific nature of the complaint made and being investigated by the commission, and enclosing therewith a copy of the complaint. At least three (3) members of the commission, of which one (1) may be an alternate, shall make a probable cause investigation of the validity of the complaint. The confidentiality provisions of General Statutes §1­82 shall apply to the investigation. A finding of probable cause shall require the affirmative vote of a majority of commission members or alternates conducting the investigation. Not later than five (5) business days after termination of the investigation, the commission shall inform the complainant and the respondent of its finding as to probable cause and provide them a summary of its reasons for making the finding. If no probable cause was found, the commission shall dismiss the complaint. If probable cause was found, the commission shall call for a public hearing. A Such public hearing shall commence within sixty (60) days after the receipt of the complaint determination of probable cause by the commission. Purpose: To clarify the limit of time within which a public hearing is to commence following a finding of probable cause by the Ethics Commission. Speaking in favor: Bob Zarnetske, 15 Butternut Dr, spoke in favor of this ordinance stating that sixty day is a reasonable time. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 2012 Opposed: none There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SECTION 2­55(c)(4) PROCEDURE FOR RECEIVING AND HEARING COMPLAINTS OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 55(c)(4) of the Norwich Code of Ordinances be and hereby is amended as follows: (d) Procedure for receiving and hearing complaints. (4) Hearings. In the event a hearing is held, a panel consisting of five (5) members or alternates shall hear it. In the event a hearing is continued to a new date, upon continuation a member or alternate may be substituted for one of the original panel members provided the member substituted was present for all prior hearings in the case. The respondent shall have the right to counsel, to cross examination of any witness, and to present evidence on his or her behalf. The commission may consider hearsay evidence as prescribed in its rules of procedure. Unless excused by the Ethics Commission for good cause, complainants will be required to appear in person in the event that a hearing is held, and the failure of a complainant to appear may be grounds to dismiss the complaint. Purpose: To require complainants to appear at hearings of the Ethics Commission, unless excused by the Commission. Speaking in favor: none Opposed: Bob Zarnetske, 15 Butternut Dr, stated that the complainant must make an appearance before the commission and stand behind the assurance they make. Felt that anyone should be able to make a unanimous complaint and it should be investigated. Stated this is why we have an independent body. Asked not to send the wrong message, reject this modification to this ordinance. There being no further speakers Mayor Nystrom declared the public hearing closed. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 2012 Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SECTION 2­52(d) GIFT OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 52(d) of the Norwich Code of Ordinances be and hereby is amended as follows: Sec. 2‐52. Definitions. (d) Gift. Any item, service or thing of value having a value in excess of fifty dollars ($50), including but not limited to a payment, subscription, advance, forbearance, rendering of service or deposit of money, or anything of value unless consideration of equal or greater value is transferred in its place. The term “gift” shall not include a political contribution otherwise reported as required by law; services provided to support a political candidate or political party without compensation by persons volunteering their time; a commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business; anything of value received because of a family or other close personal relationship connection with the donor; food or beverage or both, consumed on a single occasion, the cost of which is less than fifty dollars ($50.00) per person; an occasional nonpencuniary gift, insignificant in value; an award publicly presented in recognition of public service or any gift which would have been offered or given to the recipient if he or she were not a public official or municipal employee. Purpose: To clarify the definitions of the term “gift” as used in the Norwich Code of Ethics. Speaking in favor: none Opposed: David Crabb, 47 Prospect St, opposed to this ordinance felt that this code is so vague and the definition of gift is very wordy. Stated a true definition of ethics is needed for this code. Believed this would end the mistakes that cost taxpayers money. Bob Zarnetske, 15 Butternut Dr, spoke in opposition stated this is a big change to the current exception to the rule. Felt that now every day you could receive $50 gifts making a new exception to the rule. Urge the council not to pass this ordinance. Andy Depta, 105 Vergason Ave, spoke in opposition stating there is no restriction on the annual aggregate. Asked that the State Code of Ethic’s be followed. There being no further speakers Mayor Nystrom declared the public hearing closed. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 2012 Mayor Nystrom called for the second reading on AN ORDINANCE AMENDING SECTION 2­55(c)(3) NOTICES AND INVESTIGATIONS OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 55(c)(3) of the Norwich Code of Ordinances be and hereby is amended as follows: (e) Procedure for receiving and hearing complaints. (3) Notices and investigations. Upon receiving a complaint of an alleged violation of the code of ethics. The commission shall, within five (5) business days, notify in writing the person about whom said complaint has been filed, advising the concerned person of the specific nature of the complaint made and being investigated by the commission, and enclosing therewith a copy of the complaint. At least three (3) members of the commission, of which one (1) may be an alternate, shall make a probable cause investigation of the validity of the complaint. The confidentiality provisions of General Statutes §1­82 shall apply to the investigation. A finding of probable cause shall require the affirmative vote of a majority of commission members or alternates conducting the investigation. Not later than five (5) business days after termination of the investigation, the commission shall inform the complainant and the respondent of its finding as to probable cause and provide them a summary of its reasons for making the finding. If no probable cause was found, the commission shall dismiss the complaint. If probable cause was found, the commission shall call for a public hearing. A Such public hearing shall commence within sixty (60) days after the receipt of the complaint determination of probable cause by the commission. Purpose: To clarify the limit of time within which a public hearing is to commence following a finding of probable cause by the Ethics Commission. Upon a motion Ald. Hinchey, seconded Ald. Braddock, it was unanimously voted to waive the reading of the full text on the above ordinance. Upon a motion Ald. Bettencourt, seconded by Ald. Noblick, to adopt the above ordinance introduced by Mayor Nystrom. Upon a motion Ald. Desaulniers, second Ald. Braddock to table the above ordinance. Roll call vote in favor of motion to table with a 4-3 vote with Ald. Jaskiewicz, Bettencourt, and Hinchey in opposition. Upon a motion Ald. Desaulniers, seconded by Ald. Braddock it was unanimously voted to refer back to Ethic Commission. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 2012 Mayor Nystrom called for the second reading on AN ORDINANCE AMENDING SECTION 2­55(c)(4) PROCEDURE FOR RECEIVING AND HEARING COMPLAINTS OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 55(c)(4) of the Norwich Code of Ordinances be and hereby is amended as follows: (f) Procedure for receiving and hearing complaints. (5) Hearings. In the event a hearing is held, a panel consisting of five (5) members or alternates shall hear it. In the event a hearing is continued to a new date, upon continuation a member or alternate may be substituted for one of the original panel members provided the member substituted was present for all prior hearings in the case. The respondent shall have the right to counsel, to cross examination of any witness, and to present evidence on his or her behalf. The commission may consider hearsay evidence as prescribed in its rules of procedure. Unless excused by the Ethics Commission for good cause, complainants will be required to appear in person in the event that a hearing is held, and the failure of a complainant to appear may be grounds to dismiss the complaint. Purpose: To require complainants to appear at hearings of the Ethics Commission, unless excused by the Commission. Upon a motion Ald. Hinchey, seconded Ald. Braddock, it was unanimously voted to waive the reading of the full text on the above ordinance. Upon a motion Ald. Bettencourt, seconded by Ald. Noblick, to adopt the above ordinance introduced by Mayor Nystrom. Upon a motion Ald. Bettencourt, second Ald. Desaulniers to table the above ordinance. Roll call vote in favor of motion to table with a 6-1 vote with Ald. Noblick voting in opposition. Upon a motion Ald. Hinchey, seconded by Ald. Braddock it was unanimously voted to refer back to Ethics Commission. An amendment to the motion by Ald. Bettencourt, seconded by Ald. Desaulniers passed unanimously to make a recommendation to the Ethics Committee that they should be making their findings based on the evidence and not any lack of participation by individual. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 2012 Mayor Nystrom called for the second reading on AN ORDINANCE AMENDING SECTION 2­52(d) GIFT OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 52(d) of the Norwich Code of Ordinances be and hereby is amended as follows: Sec. 2‐52. Definitions. (d) Gift. Any item, service or thing of value having a value in excess of fifty dollars ($50), including but not limited to a payment, subscription, advance, forbearance, rendering of service or deposit of money, or anything of value unless consideration of equal or greater value is transferred in its place. The term “gift” shall not include a political contribution otherwise reported as required by law; services provided to support a political candidate or political party without compensation by persons volunteering their time; a commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business; anything of value received because of a family or other close personal relationship connection with the donor; food or beverage or both, consumed on a single occasion, the cost of which is less than fifty dollars ($50.00) per person; an occasional nonpencuniary gift, insignificant in value; an award publicly presented in recognition of public service or any gift which would have been offered or given to the recipient if he or she were not a public official or municipal employee. Purpose: To clarify the definitions of the term “gift” as used in the Norwich Code of Ethics. Upon a motion Ald. Jaskiewicz, seconded Ald. Braddock, it was unanimously voted to waive the reading of the full text on the above ordinance. Upon a motion Ald. Braddock, seconded by Ald. Hinchey, to adopt the above ordinance introduced by Mayor Nystrom. Upon a motion Ald. Bettencourt, second Ald. Noblick it was unanimously voted to table the above ordinance. An amendment to motion Ald. Bettencourt, seconded by Ald. Jaskiewicz it was unanimously voted to refer back to the Ethics Commission with a recommendation to provide a notation on the total donation amount and ask them to follow and parallel the State guidelines. Upon a motion of Ald. Braddock, seconded by Ald. Jaskiewicz, it was unanimously voted to suspend the rules to add a communication from Keleigh S. W. Arian to the agenda. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 2012 Letter of resignation from Keleigh S. W. Arian on the Norwich Public Schools, Board of Education. Mayor Nystrom accepted with regret. Keith Ripley, 10 Meadow Lane, Commented on the Council Rules of Procedure, thanked the Council for this opportunity to appear and the City Manager for his letter of response. Spoke on Rules of Procedure of the Council of the City of Norwich XXI and XXIV. Regarding XXI (last paragraph) public can speak on only resolutions or ordinances which appear on the agenda, why can’t other issues be discussed that don’t require a response?. Need clarification on three minutes to speak not five as in XXIV. Asked the Council to consider allowing that once a month anyone can speak in a civil and timely fashion on any item. He stated he wants to be pro-Norwich. Ald. Jaskiewicz thanked everyone for the support and outreach that his family received on the passing of his mother-in-law. City Manager Alan Bergren gave his report as followed: DATE: July 16, 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 Police Station Forum will be held tomorrow, Tuesday, July 17th at 6:00 P.M. in the Otis Library Community Room. The schedule for future forums is listed below: July 21, 2012 American Legion-456 Laurel Hill Avenue 10:00 A.M. July 28, 2012 Otis Library Community Room 10:00 A.M. August 2, 2012 Kelly Middle School 7:30 P.M. August 4, 2012 Knights of Columbus 10:00 A.M. 2. Police A meeting to discuss neighborhood concerns and the establishing of a neighborhood watch group was held with Laurel Hill residents, the Mayor, Council members and Police representatives this past Saturday, July 14th. 3. Public Works The cab and chassis section of the new Public Works’ CNG dump and plow truck was delivered to the Fleet Maintenance garage last week. The cab and chassis will now be delivered to the body manufacturer for final outfitting. The truck will be fully operational and in use this Fall. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 2012 The CNG senior citizen bus is expected to be delivered to Fleet Maintenance within 2-3 weeks and put into service sometime in mid-August. This 18 passenger, fully handicapped accessible bus will have 16 standard seats as well as 2 wheelchair stations which can be used for passengers either with or without wheelchairs. 4. Norwich Fire Department Effective July 19, 2012 the Prime Mover operating within the City of Norwich will be out of service for approximately 12 weeks. The Decon unit will need to be towed where/when necessary during this time. Our HazMat and Foam unit capabilities will not be affected during this time. This is part of an $85,000.00 grant to upgrade our HazMat response and Rescue capabilities in the City of Norwich. 5. Volunteer Graduate Intern Carline Charmelus, a recent graduate from ECSU with a BS in Psychology and a BA in Political Science, will be volunteering her time for the next few weeks in different City offices to gain municipal experience. She will be pursuing her Master’s Degree in Public Administration at UCONN in the Fall. Mayor Nystrom called for citizen comment. No one spoke. Mayor Nystrom declared citizen comment closed. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 16, 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 City Manager Bergren. WHEREAS, the City Manager Alan H. Bergren has recommended for re-appointment as a regular member to the Inland, Wetlands, Water Courses and Conservation Commission for a term to expire on 6/15/14 or until a successor is appointed, the following; Philip M. Kiley (U) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby approves the appointment of the above named to the Inland, Wetlands, Water Courses and Conservation Commission. Upon a motion of Ald. Jaskiewicz, second by Ald. Braddock it unanimously voted to amend the following resolution with the effective date of this appointment being July 26, 2012. BE IT RESOLVED that Robert J. Aldi be and is hereby is appointed to fill the vacancy on the Board of Education created by the resignation due to relocation of Keleigh Arian, for the remainder of her term. Dated at Norwich, Connecticut this 16th day of July 2012 Upon a motion of Ald. Bettencourt, seconded by Ald. Braddock, it was unanimously voted to adopt the following amended resolution introduced by Mayor Nystrom and Ald. Desaulniers. BE IT RESOLVED that Robert J. Aldi be and is hereby is appointed effective July 26, 2012, to fill the vacancy on the Board of Education created by the resignation due to relocation of Keleigh Arian, for the remainder of her term. Dated at Norwich, Connecticut this 16th day of July 2012 Upon motion to Ald. Desaulniers, seconded by Ald. Hinchey, it was unanimously voted to adjourn at 8:25 pm. CITY CLERK 9