City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH November 5, 2012 7:30 PM PRAYER PLEDGE OF ALLEGIANCE PROCLAMATIONS AND SPECIAL OBSERVANCES ADOPTION OF MINUTES: October 1st & 15th & Special Meeting October 22, 2012 PETITIONS AND COMMUNICATIONS 1. Receipt of a report from The Commission on the City Plan regarding acceptance of a deed for a parcel of land to be dedicated for highway purpose on Corning Road. 2. Letter of resignation from R. Alan High for the Norwich Ethics Commission. 3. Presentation G. M. Martin fishing opportunities for Norwich. CITY MANAGER’S REPORT OLD BUSINESS RESOLUTIONS 1. Relative to the acceptance of a deed for a parcel of land to be dedicated for highway purpose on Corning Road in conjunction with a subdivision application by Maximilian Kolbe, LLC. CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS – 1. Relative to participation in a cost sharing program in the City of Norwich to construct concrete sidewalks. 2. Relative to capital funding for environmental testing for future boat launch site. 3. Relative to Brownfield’s inventory updates. 4. Relative to expenditures by the Norwich Golf Course Authority. 5. Relative to the C.C.M. Pharmacy prescription card program. 6. Relative to the lease of commercial space at the I.T.C. 7. Relative to the future provision of transit service in Southeastern Connecticut. NEW BUSINESS ORDINANCE (First Reading) 1. AN ORDINANCE RELATIVE TO PENSION PLAN ADJUSTMENTS FOR THE CITY TREASURER. City Clerk PETITIONS & COMMUNICATIONS #1  OLD BUSINESS RESOLUTION #1 WHEREAS, Maximilian Kolbe, LLC has filed a subdivision application, assigned application No. 2‐12, with the Town of Preston to subdivide certain property located on the easterly side of Corning Road and the westerly side of Brickyard Road to create one new building lot; and WHEREAS, this site is within 500 feet of the Preston boundary with the City of Norwich as a result of which the Preston Planning and Zoning Commission referred the subdivision application to the City of Norwich which had no comments on the same; and WHEREAS, a portion of the property to be subdivided is located within the City of Norwich but the Norwich property will not be subdivided as a result of the application; and WHEREAS, the property in Norwich consists of approximately 1.03 acres and the property in Preston approximately 6.07 acres; and WHEREAS, the dwelling house contemplated by the subdivision application will be located in the Town of Preston but will obtain access to Corning Road by virtue of a driveway installed through a portion of the property located in Norwich; and WHEREAS, the Preston Planning and Zoning Commission has approved the subdivision application, the approval contingent, however, on the dedication of certain land located on Corning Road in Norwich by Maximilian Kolbe, LLC to the City of Norwich for road widening purposes, and transfer of that land to Norwich, or its incorporation within the newly subdivided lot should Norwich reject said dedication and transfer; the property to be dedicated and conveyed more particularly described in Exhibit A attached hereto; and WHEREAS, Maximilian Kolbe, LLC proposes to transfer said land to the City of Norwich by Warranty Deed subject to the City of Norwich accepting the same; and WHEREAS, this proposed transfer will require a review by the Commission on the City Plan. 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 accept a deed of conveyance on behalf of the City of Norwich from Maximilian Kolbe, LLC in form satisfactory to the Corporation Counsel, together with a real estate conveyance tax return, to execute any documents necessary to effectuate the conveyance of land to the City of Norwich and to cause said deed and any other necessary documents to filed with the city clerk for recording. Alan H. Bergren City Manager  RESOLUTION #1 RESOLUTION WHEREAS, the property owners listed below want to participate in a cost sharing program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: granite curbing and concrete sidewalks will be constructed at the following locations where the property owners will pay for an assessment for the cost of the sidewalks and the City of Norwich will pay for the cost of the curbing and miscellaneous items. Name Address Estimate Daniel T. Ruffo 44 Greene Avenue $ 1,680.00 Roy E. Bourque 19 Warren Street $ 2,500.00 Edgardo Rodriguez & Ileana Cuevas 61 Williams Street $ 3,780.00 Vera Kerr & Vivian Relliford 296 Laurel Hill Avenue $ 2,874.00 Vera Kerr & Vivian Relliford 302 Laurel Hill Avenue $ 3,360.00 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Construction Account #81000 and the Special Assessment Fund, Fund #40000, and that a public hearing be set at the second meeting of the City Council in November 2012. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $7,790.00. (Set November 19th for Citizen Comment) City Manager Alan H. Bergren  RESOLUTION #2 WHEREAS, the City of Norwich (Norwich) has entered into an Access Agreement with One Terminal Way, Inc. to run for a period of September 1, 2012 through September 1, 2013 permitting Norwich to conduct non‐intrusive physical and environmental tests and inspections on certain property located off Shipping Street known as One Terminal Way; and WHEREAS, with the permission of One Terminal Way, Inc. Norwich may conduct additional forms of testing within the period of the Access Agreement; and WHEREAS, this location is the preferred site at which to relocate the boat launch from Howard Brown Park; and WHEREAS, as part of its assessment of the site Norwich may need to perform Phase I and Phase II environmental testing. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the sum of $22,000 be and hereby is appropriated for Phase I and Phase II environmental testing and such other testing as may be thought necessary and can be conducted within the sum of the appropriation, said $22,000 to be taken from the following accounts: • $19,000 from Capital Contingency Account No. 10213‐88000; and • $3,000 from the Contingency Account No. 01090‐80086. Alderman Charles Jaskiewicz Alderman H. Tucker Braddock Jr.  RESOLUTION #3 WHEREAS, the Council of the City of Norwich, by resolution adopted July 5, 2011 authorized the City Manager to prepare and issue an RFP/RFQ to solicit bids for professional services to prepare a “City of Norwich, Area Wide Brownfield Plan”; such plan to be used, among other things, to apply for funds and grants under the State and Federal EPA Brownfield Assessment Programs and for cleanups; and WHEREAS, the Cecil Group was selected to perform these services; and WHEREAS, by resolution adopted March 19, 2012, the Council of the City of Norwich appropriated the sum of $60,000 for work to be performed by the Cecil Group under its agreement with the City of Norwich; and WHEREAS, the Norwich Redevelopment Agency (RDA) coordinated the preparation of this Norwich Area Wide Brownfield Study with the assistance of the Department of Planning and Neighborhood Services, the Office of Community Development and the office of the City Manager; and WHEREAS, this Norwich Area Wide Brownfield Study including a recommended Action Plan has been presented to the Council of the City of Norwich for its consideration; and WHEREAS, the Council finds that regular updating of this Study would be of assistance to it and in the best interest of the City of Norwich. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Norwich Redevelopment Agency be and hereby is requested to coordinate an annual update of the list of identified brownfields in the city as contained in the Norwich Area Wide Brownfield Study, assisted by the City Manager and such staff as he may direct to assist, and to report annually to the Council with regard to the same. Mayor Peter Albert Nystrom  RESOLUTION #4 WHEREAS, the Norwich Golf Course Authority advised the Council of the City of Norwich that it expected to receive revenues from operations during 2012 in the sum of $1,157,771 and expend the same; and WHEREAS, by resolution adopted December 19, 2011 the Council of the City of Norwich authorized the Norwich Golf Course Authority to expend the sum of $1,157,771 during calendar year 2012 to cover the cost of anticipated expenses; and WHEREAS, as a result of an unusually warm March the course was opened substantially earlier than usual which has resulted in unanticipated revenues and expenses at the golf course; and WHEREAS, the Norwich Golf Course Authority, with the assistance of the city finance department, has projected it may receive revenues of $1,245,830 during calendar year 2012 with projected expenses of $1,204,792; and WHEREAS, the Norwich Golf Course Authority has certain priority projects it will be required to complete or would prefer to complete during 2012 including, but not limited to: 1) Upgrading the mobile controller system for the golf course irrigation system to meet the January 1, 2013 deadline to comply with the Federal Communications Commission Narrowbanding Mandate; 2) To add recommended lightning upgrades to the course rain shelters; 3) To replace a mower unit scheduled to be replaced in 2013 to avoid expected cost increases; 4) To complete cart path work and paving in the autumn as funds and course conditions allow. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Norwich Golf Course Authority be and hereby is authorized to expend funds up to a total of $1,245,830 for calendar year 2012 to cover the cost of actual and anticipated expenses. City Manager Alan H. Bergren  RESOLUTION #5 WHEREAS, the Connecticut Conference of Municipalities, as Marketing Agent, offers a program providing prescription savings to residents of member municipalities through the CCM Prescription Discount Card Program; and WHEREAS, the City of Norwich, as a member in good standing of the Connecticut Conference of Municipalities may participate in such program, which will provide savings off the retail price of prescription medication for persons covered through the program at no cost to the City of Norwich; and WHEREAS, ProAct, Inc., a pharmacy benefit management company, administers the program for the Connecticut Conference of Municipalities and participating municipalities; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest to the City of Norwich to enter into this discount program administered by ProAct, Inc. whereby those individuals and their dependants who are entitled to prescription discount card services through the program allowing them to pay for cash prescriptions at a discount rate at pharmacies participating in the ProAct pharmacy network. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren for the City of Norwich be and hereby is authorized and directed to enter into a service agreement with ProAct, Inc. to establish Discount Card Program, pursuant an agreement satisfactory to him but substantially consistent with the form attached hereto as Exhibit A, and to deliver it and such other documents as may be necessary to establish the Discount Card Program. City Manager Alan H. Bergren  PROACT, INC. SERVICE AGREEMENT THIS SERVICE AGREEMENT, hereinafter referred to as the "Agreement," is entered into this _ _ day of , 2012, and shall be effective on _ _ _ _ _ _ _ _ _ _ _ _ (the "Effective Date"), between ProAct Inc., (ProAct, Inc dba ProAct Pharmacy Services, Inc. in the State of CT) with offices located at 6333 Route 298 ­ Suite 210, East Syracuse, NY 13057, hereinafter referred to as "ProAct," and _ _ _ _ _ _--J, hereinafter referred to as "Client," with offices located at WHEREAS, Client is a municipality organized under the laws of the State of Connecticut and desires to offer a pharmacy prescription drug discount card program providing for the dispensing of prescription drugs to Covered Persons at discount prices, and Client desires to engage ProAct to perform services relating to such a prescription Discount Card Program; and WHEREAS, CLIENT is a current member in good standing, of the Connecticut Conference of Municipalities (CCM), the Marketing Agent for this program; and WHEREAS, Covered Persons may obtain discount services through the ProAct Pharmacy Network at negotiated prescription drug prices; and WHEREAS, ProAct will also provide additional discount price programs, including, but not limited to, Vision, LASIK, and Hearing. NOW THEREFORE, in consideration of the mutual promises and agreement herein contained, Client and ProAct hereby agree as follows: ARTICLE I DEFINITIONS 1.1 Covered Person. "Covered Person" shall refer to those individuals and their dependents who are entitled to prescription discount card services through the Discount Card Program. 1.2 Discount Card Program. The term "Discount Card Program" shall mean a discount program administered by ProAct where a Covered Person is entitled to pay for cash prescriptions at a discounted rate at pharmacies participating in the ProAct Pharmacy Network. 1.3 Implementation Date. The Implementation Date shall be the date on which the Discount Card Program becomes effective. 1.4 ProAct Pharmacy Network.  The "ProAct Pharmacy Network" consists of a pharmacy network established by ProAct to provide covered prescription drugs and other products under the Discount Card Program. ARTICLEH DUTIES TO BE PERFORMED BY CLIENT 2.1 Covered Persons. ProAct will provide Discount Cards to all persons within the municipality of Client understands that the Discount Card Program will be exclusively offered through the ProAct Pharmacy Network. 2.2 Transaction Charges. The ProAct Pharmacy Network is responsible for any applicable transaction charges associated with the submission of claims. Such charges are to be deducted from the claim reimbursements to the ProAct Pharmacy Network. 2.3 Pharmacy Network Administration. The ProAct Pharmacy Network and contracting pharmacies are responsible for all Pharmacy Network Administration fees. Such charges are to be deducted by ProAct from the claim reimbursements due to the ProAct Pharmacy Network as determined by ProAct. ARTICLE HI DUTIES TO BE PERFORMED BY PROACT 3.1 Hours of Service. ProAct shall provide an 800 Help Line which shall be available to Client and the ProAct Pharmacy Network during ProAct's regular hours of business. These hours shall be Monday through Friday, 7:00 am to 7:00 pm and Saturday, 8am to 4:30pm Eastern Standard Time (EST) and Eastern Daylight Time (EDT). These hours do not include national holidays, and may be altered at any time. It is agreed, however, that Client and the ProAct Pharmacy Network shall be notified of any changes to schedule of business hours. 3.2 Confidential Covered Persons Information. All Covered Persons information relating to covered drugs prescribed by a physician, and other records identifying Covered Persons, shall be treated as confidential except to the extent that disclosure may be required pursuant to state or federal laws or regulations or as may be permitted by Client. 3.3 HIPAA Compliance. For the purposes of this Agreement, ProAct agrees that ProAct is deemed tb be Client's "Business Associate/Clearinghouse" as the terms are defined in the Privacy Standard of the Federal Register, published on December 28, 2000. ProAct agrees to comply with all applicable regulations published pursuant to the Health Insurance Portability and Accountability Act of 1996, Subtitle F - Administrative Simplification, (referred to in this Agreement as "HIPAA"), prior to the effective enforcement date of each standard. In addition, without limiting any other provision of this Agreement: a. all services provided by ProAct under this Agreement will be provided in such a manner as to enable Client to remain at all times in compliance with all HIPAA ProAct Inc. 2  regulations applicable to Client, to the extent that Client's compliance depends upon the manner in which such services are performed by ProAct; and b. all software, application programs and other products licensed or supplied by ProAct under this Agreement will contain such characteristics and functionality (including as applicable, but not limited to, the ability to accept and securely transmit data using the standard HIPAA transaction sets) as necessary to ensure that Client's use of such software, application programs and other products and associate documentation from ProAct wi II fully comply with the HIPAA regulations applicable to Client. In the event any amendment to this Agreement is necessary for Client to comply with the HIPAA regulations as they relate to this Agreement or its subject matter, including, but not limited to, requirements pertaining to Business Associate agreements, Client and ProAct will negotiate in good faith to amend, and will amend, this Agreement accordingly, such amendment to be effective prior to the date compliance is required under each standard of the HIPAA regulations. 3.4 Vision, Hearing, and LASIK. Above and beyond the Discount Card Program, ProAct, Inc. will provide access to discounted vision, hearing and LASIK services. These services and any future discount services will be provided at no cost to the Client. ARTICLE IV RECORDS 4.1 Maintenance of Records. ProAct shall maintain, in the original form or other media, information received from the ProAct Pharmacy Network. Upon notification to ProAct, Client shall have access to such records during normal business hours. 4.2 Ownership of Records. All information obtained by ProAct shall be the property of ProAct. These records shall remain accessible for examination and audit by Client for six (6) years after the date of payment of claims, upon prior written notice, at reasonable intervals during the regular business hours of ProAct. ARTICLE V ASSIGNMENT 5.1 Assignment by Client. Client may not assign this Agreement or any portion thereof to any service or organization without first having obtained prior written consent of ProAct, which consent shall not be unreasonably withheld. 5.2 Assignment by ProAct. ProAct may not assign this Agreement or any portion thereof to any service or organization without first having obtained prior written consent of Client, which consent shall not be unreasonably withheld. ARTICLE VI HOLD HARMLESS ProAct Inc. 3 6.1 Indemnity by ProAct. ProAct shall indemnify and hold harmless Client, and its employees and other agents, from and against any claims, liabilities, damages, judgments or other losses (including attorneys' fees) imposed upon or incurred by them arising out of or as a result of any acts or omissions of ProAct, or its officers, directors, employees or other agents, in connection with the performance of any of their respective obligations under this Agreement. ARTICLE VII REBATE ADMINISTRATION 7.1 Rebate Disclosure. As constituted, the Discount Card Program will not qualify for rebates from drug manufacturers. ARTICLE VIII GENERAL PROVISIONS 8.1 Use of Software. Client acknowledges that ProAct asserts ownership of the entire software system used by ProAct in processing Claims and preparing reports including computer programs, system and program documentation, and other documentation relating thereto, and that such software system is the exclusive and sole property of ProAct. Client disclaims any rights to the system, reports, procedures or fonns developed by ProAct. 8.2 Waiver. The waiver by either party of any breach of this Agreement shall not constitute a waiver of any subsequent breach of any tenn or condition hereof. 8.3 Severability. If any provision of this Agreement shall be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions hereof shall not in any way be affected or impaired thereby. 8.4 Choice of Law. This Agreement shall be construed, interpreted, and governed according to the laws ofthe State of Connecticut. 8.5 Force Majeure. Neither ProAct nor Client shall be liable for a failure or delay in perfonnance hereunder arising from acts of God, acts of a public enemy, acts of a sovereign nation or any state or political subdivision or any department or regulatory agency thereof or entity created thereby, acts of any person engaged in a subversive activity or sabotage, fires, floods, earthquakes, explosions, strikes, slow-downs, lockouts or labor stoppage, or freight embargoes, unless caused by either party. 8.6 Entire Agreement. This Agreement and the exhibits identified below contain the entire agreement of the parties hereto and supersede all prior agreements, representations and understandings, whether written or oral, between the parties relating to the subject matter hereof. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 8.7 Notice. Any notice required or pennirted by this Agreement, unless otherwise specifically provided for in this Agreement, shall be in writing and shaH be deemed given ProAct Inc. 4  three (3) days after the date it is deposited in the Client States mail, postage prepaid, registered or certified mail, or hand delivered addressed as follows: To ProAct: David B. Warner, President 6333 Route 298 - Suite 210 East Syracuse, NY 13057 To Client: ToCCM: Gina Calabro, Director of Members Services and Marketing 900 Chapel Street, 9 lh Floor New Haven, CT 06510 8.8 Use of Name. Neither party shall use the other party's name, trade or service mark, logo, or the name of any affiliated company in any advertising or promotional material, presently existing or hereafter established by Client, except in the manner and to the extent permitted by prior written consent of the other party. 8.9 Independent Contractors. Client and ProAct are independent entities and nothing in this Agreement shall be construed or be deemed to create a relationship of employer and employee or principal and agent or any relationship other than that of independent parties contracting with each other solely for the purpose of carrying out the provisions of this Agreement. Nothing in this Agreement is intended to be construed, or be deemed to create, any rights or remedies in any third party, including but not limited to an Eligible Member. 8.10 Consent to Amend. This Agreement or any part or section of it may be amended at any time during the term of the Agreement by mutual written consent of duly authorized representatives of ProAct and Client. 8.11 Headings. The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 8.12 Compliance with Laws and Regulations. This Agreement will be in compliance with all pertinent federal and state statutes and regulations. If this Agreement, or any part hereof, is found not to be in compliance with any pertinent federal or state statute or regulation, then the parties shall renegotiate the Agreement for the sole purpose of correcting the non-compliance. 8.13 Protection of Confidentiality and Programs. ProAct agrees to ensure the confidentiality of all infonnation obtained from Client including but not limited to: financial, utilization, or any other infonnation related to the delivery of health care. Information may be used in a blinded, cumulative manner by ProAct for general plan performance comparisons. ProAct Inc. 5  ARTICLE IX EXCLUSIVITY 9.1 Client agrees that, during the term hereof, ProAct shall be the sole and exclusive agent for the purpose of administration of Client's discount pharmacy services program to its Covered Persons, as described herein. ARTICLE X TERM AND TERMINATION 10.1 Term. This Agreement shall become effective on the Implementation Date for a term of one (1) year and thereafter shall continue in effect for additional one (1) year terms unless terminated on its anniversary date by either party by certified or registered mail at least sixty (60) days prior to such date. Termination shall have no effect upon the rights and obligations of the parties arising out of any transactions occurring prior to the effective date of such termination. 10.2 Termination. This Agreement may be terminated at any time by either party for failure to comply with any terms or conditions herein stated or for any other just and sufficient cause provided, however, that sixty (60) days' written notice of such failure shall be given to the offending party and such party shall have the opportunity to cure such noncompliance during such sixty (60) day notice period. 10.4 Immediate Termination. This Agreement may be terminated by either party upon written notice to the other party in the event: the other party makes an assignment for the benefit of creditors, files a petition of bankruptcy, is adjudicated insolvent or bankrupt, has a receiver or trustee appointed for a substantial part of its property, change of ownership, membership in CCM is teminated, or has a proceeding commenced against it which will substantially impair its ability to perform hereunder. The provisions of this Agreement shall bind and inure to the benefit of the parties hereto and their heirs, legal representatives, successors and assignees. This Agreement constitutes the entire understanding between the parties hereto. PROACT, INC. MUNICIPALTY: SIGNATURE TITLE TITLE DATE DATE ProAct Inc. 6  RESOLUTION #6 WHEREAS, the City of Norwich, through a request for proposal/request for qualifications process has sought to identify individuals qualified and interested in operating a retail convenience store at the Intermodal Transportation Center on Falls Avenue, Norwich, Connecticut; the selected operator to provide such items and conveniences usually found in similar transportation oriented facilities to be provided in support of the ridership and patrons utilizing the Intermodal Transportation Center during appropriate business hours; and WHEREAS, the City of Norwich proposes to enter into an agreement of lease with Mr. Waseem Khan or an entity controlled by him for a portion of the Intermodal Transportation Center occupying approximately that space shown as future retail at the Intermodal Transportation Center on Exhibit A attached hereto; and WHEREAS, the City of Norwich proposes to enter into an agreement of lease with Mr. Khan or an entity controlled by him containing the terms and conditions applicable thereto; and WHEREAS, the Council of the City of Norwich finds that the operation of a retail convenience store at the Intermodal Transportation Center under the terms and conditions of the lease will support those patrons and riders utilizing the Intermodal Transportation Center. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren be, and hereby is, authorized and directed to enter into a lease agreement on behalf of the City of Norwich with Mr. Waseem Khan or an entity controlled by him for space in the Intermodal Transportation Center for the operation of a retail convenience store, said lease to be satisfactory to him but substantially in the form of Exhibit B attached hereto, and to receive and deliver signed copies of said lease. City Manager Alan R. Bergren  RESOLUTION #7 WHEREAS, the Southeastern Area Transit (SEAT) district was formed by the action of the original eight member municipalities in 1975; and WHEREAS, in April of 2011, the nine current SEAT member municipal chief elected officials first learned of a fuel release that had been discovered by SEAT in August 2010 at the SEAT facility in Preston; and WHEREAS, the nine current seat member municipal chief elected officials request the assistance of the state of Connecticut, Department of Transportation in responding to this fuel release, and specifically, in paying for the cost of cleanup, including past, present and future expenses, in return for SEAT withdrawing its related claim against the state of Connecticut and the development of a new operations and management model for the provision of transit in southeastern Connecticut; and WHEREAS, the nine current SEAT member municipal chief elected officials wish to see a better future for, and provision and growth of quality transit service in their municipality and throughout southeastern Connecticut; and WHEREAS, the nine current SEAT member municipal chief elected officials, along with the SEAT board, will undertake a full evaluation of the management and operations of SEAT and the facility in Preston, including but not limited to, standard operating procedures, fuel delivery, storage, and dispensing procedures, inventory controls, testing protocols, employee training and insurance issues; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the nine municipal chief elected officials who have affixed their signature below respectfully request that the Connecticut Department of Transportation take on the responsibility for the cleanup of the fuel release and its full associated costs; BE IT FURTHER RESOLVED, that the chief elected officials from SEAT’s nine member municipalities hereby request and express their support for the Connecticut Department of Transportation to assume responsibility for the operation and management of transit service in the southeastern Connecticut region, and that the SEAT board of directors be replaced by an advisory panel comprised of the chief elected officials from their municipalities of their designee, acting by and through the Southeastern Connecticut Council of Governments, whose staff will provide administrative and technical support as needed to the Connecticut Department of Transportation. Alderman H. Tucker Braddock Jr.  ORDINANCE #1 AN ORDINANCE RELATIVE TO PENSION PLAN ADJUSTMENTS FOR THE CITY TREASURER WHEREAS, Ordinance No. 1597 adopted by the Council on August 4, 2008 provided that, effective upon adoption of the ordinance, the Assistant City Manager, City Clerk, Comptroller, Deputy Comptroller, Human Resources Director, Assistant Human Resources Director, Retirement Plan Administrator, Human Resources Assistant, Police Chief, Fire Chief, Deputy Police Chief, Human Services Director, and Public Works Director should all be subject to the same pension plan changes applicable to the eight collective bargaining units covered in a resolution adopted by the Council of the City of Norwich on July 7, 2008; and WHEREAS, the Council of the City of Norwich finds it appropriate that the position of City Treasurer be subject to the same pension plan changes as described in Ordinance No. 1597. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF CITY OF NORWICH that, 1) The position of treasurer of the City of Norwich shall be subject to the same pension plan changes made applicable to the 8 collective bargaining units covered in the resolution adopted by the Council of the City of Norwich on July 7, 2008, as referenced as to certain non‐union department personnel in Ordinance No. 1597 adopted by the Council of the City of Norwich on August 4, 2008. 2) This ordinance shall take effect on December 3, 2013, the first Tuesday in December following the 2013 general municipal elections. Mayor Peter A. Nystrom City Manager Alan H. Bergren