City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH January 21, 2014 6:30 PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PROCLAMATIONS AND SPECIAL OBSERVANCES PUBLIC HEARINGS 1. AN ORDINANCE PROVIDING FOR THE COLLECTION OF A FEE FOR REQUIRED DEPARTMENT OF MOTOR VEHICLE REPORTING SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Audit presentation from Blum Shapiro PC. 2. Letter of resignation of Lauren N. Miner from The Harbor Management Commission. 3. Letter of resignation of Robert Champagne from the Norwich Historic District Commission. 4. Letter of resignation of Kevin Lin from the Rehabilitation Review Committee. 5. Letter of resignation of Wayne D. Rosenfield from the Ethics Commission. 6. Letter of resignation from Emmett Riley from the Norwich Baseball Stadium Authority. CITY MANAGER’S REPORT OLD BUSINESS RESOLUTIONS CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to the appointment of Shiela Hayes to the Personnel and Pension Board. 2. Relative to the appointment of Joseph East to the Fountain Committee of Sale. 3. Relative to granting the Norwich Ice Arena Authority permission to allow the sale of, or other provision of beer and wine, during a host of a Business After Hours Event, by the Greater Norwich Area Chamber of Commerce. 4. Relative to City Manager, Alan H. Bergren entering into an agreement for a temporary Easement, off Crouch Avenue with Hull Forest Products and/or James Austin. 5. Relative to Blum Shapiro PC being appointed to perform 2013-2014 audits. 6. Relative to the aggregate sums representing property and motor vehicle taxes on the Grand List October 1, 2010 being transferred to the suspense account. NEW BUSINESS RESOLUTIONS 1. AN ORDINANCE AMENDING SECTION 8-3 OF THE NORWICH CODE OF ORDINANCES TO FURTHER DEFINE THE INTENDED EVENTS TO BE COVERED 2. AN ORDINANCE AMENDING SECTION 8-4 OF THE NORWICH CODE OF ORDINANCES TO DEFINE UNLAWFUL CONDUCT IN CONNECTION WITH FIRE OFFICIALS. City Clerk  PUBUC. HFARING #1 AN ORDINANCE PROVIDING FOR THE COLLECTION OF A FEE FOR REQUIRED DEPARTMENT OF MOTOR VEHICLE REPORTING WHEREAS, the City ofNofwich is required pursuant to Connecticut General Statute Section 14-33(a) to notify the Commissioner of Motor Vehicles if a taxpayer is delinquent in the payment of a property tax or installment thereof on any motor vehicle or snowmobile; . WHEREAS, pursuant to Conn~cticut General Statute Section 7-148(c) and Connecticut General Statute Section 12-166, the Town is empowered to collect taxes and regulate the mode and assessment of the collection oftaxes including interest, penalties, fees, and charges; and WHEREAS, The City of Norwich spends consid~rable time and expense in complying with the aforementioned statutes. NOW THEREFORE BE IT ORDAINED BYTBE COUNCIL.OFTHE CITY OF NORWICH, THAT THE FOLLOWING ORDINANCE HEREBY IS ADOPTED BY THE CITY OF NORWICH: Section I. 1. TITLE: AN ORDlNANCE PROVIDING COLLECTION OF A FEE FOR pEPARTMENT OF MOTOR VEIDCLE REPORTING. . 2. Each taxpayer who has been or who becomes delinquent in th.e payment of any property tax or installment thereof on a motor vehicle or snowmobile and whose delinquency has been repOlted to the Commissioner of Motor Vehicles pursuant to Connecticut General Statute Section 14-33, in addition to the delinquent taxes and all interest thereon, costs and other fees shall pay to the tax collector a fee of two dollars ($2.00) for. each such reported delinquency. ::""1'- • Section n. All ordinances 01' parts of ordinances in conflict VAth this ordinance are hereby repealed. Section m. If any provision of this ordinance or the ilpplication hereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this ordinance that can be given effect without the invalid provisions or applications; and· to this end, the prOVIsions of this ordinance and the various applications thereof are· declared to be severable. Section IV. This ordinance shall take effect on the tenth day following its passage and publication as prescribed in Chapter V, Section 10 ofthe Norwich City Charter. Mayor Deberey A. Hinchey  RESOLUTION #1 BE IT RESOLVED that the following be appointed as a regular member to the Personnel & Pension Board to fill the remaining portion of a term expiring on 3/1/2014 or until a successor is appointed; Shiela Hayes (D) Mayor Deberey Hinchey President Pro-tempore Pete Desaulniers  RESOLUTION #2 WHEREAS, on October 21, 2013 the Council of the City of Norwich appointed a committee known as the Fountain Street Committee of Sale consisting of seven (7) members; and WHEREAS, the Council finds that the addition of an employee from the City Building Department would be of assistance to the Committee NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Fountain Street Committee of Sale be increased to eight (8) members and that Joseph East be and hereby is appointed a member of the Fountain Street Committee of Sale. Alderwoman Sofee Noblick  RESOLUTION #3 WHEREAS, the Norwich Ice Arena Authority proposes to host a Business After Hours Event organized by the Greater Norwich Chamber of Commerce on February 20, 2014 at the Norwich Ice Arena; and WHEREAS, the Norwich Ice Arena Authority and the Greater Norwich Area Chamber of Commerce are requesting permission to allow the sale of or other provision of beer and wine during the event NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 13‐14.2 of the Norwich Code of Ordinances, City Manager Alan H. Bergren be and hereby is authorized to grant the Norwich Ice Arena Authority and the Greater Norwich Area Chamber of Commerce permission to sell or otherwise provide beer and wine on February 20, 2014 at the Norwich Ice Rink, subject to satisfactory proof that the Greater Norwich Area Chamber of Commerce has complied with any applicable regulations of the State Liquor Commission; that identification will be mandatory from each person acquiring and/or consuming an alcoholic beverage; that any sales of beer and wine will be made under a proper liquor license, and that proper insurances will be obtained and maintained by the Greater Norwich Area Chamber of Commerce and any vendor of beer and/or wine for the event. Mayor, Deberey A. Hinchey  RESOLUTION #4 WHEREAS, James Austin is the owner of approximately 40 acres of wooded property in Norwich and Preston most easily accessible from the Norwich side at a point located off Crouch Avenue; and WHEREAS, Hull Forest Products of Pomfret Center, Connecticut proposes to harvest timber from said property; and WHEREAS, this timbering can be most easily accomplished by accessing the property across land of the City of Norwich located off Crouch Avenue; and WHEREAS, Hull Forest Products, on its behalf and on the behalf of James Austin, has requested the City grant it a license or temporary easement for its employees and equipment to pass and repass across the City land to land of James Austin for the purpose of timbering the same, said license or temporary easement to be in effect from February 1, 2014 to July 1, 2014; and WHEREAS, Hull Forest Products agrees that it will maintain insurance coverage satisfactory to the City pertaining to its exercise of its activities under its license or temporary easement and to repair and restore any disturbance of the city property at the conclusion of its operations, repair and restoration to be made to the satisfaction of Director of Planning and include the installation of secure, locked gate at the entrance. 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 license agreement or temporary easement on behalf of the City of Norwich with Hull Forest Products and/or James Austin satisfactory to him, said license or temporary easement to be and remain in effect from February 1, 2014 to July 1, 2014 to permit Hull Forest Products access across city land to the land of James Austin for purpose of harvesting or timbering the same in return for the receipt of Ten and 00/100 ($10.00) Dollars and the other considerations proposed by Hull Forest Products Inc. City Manager Alan H. Bergren  RESOLUTION #5 RESOLVED, that the accounting firm of Blum Shapiro PC be and hereby is, appointed to perform the regular general audit for the City of Norwich (including the Board of Education, Department of Public Utilities, and Community Development) for fiscal year 2013-2014. City Manager Alan H. Bergren  NEW RESOLUTION #6 WHEREAS, there is on file in the Tax Collector’s Office the names and addresses of the persons against whom motor vehicle taxes and personal property taxes on the Grand Lists up to and including 2010, were levied and the reasons why the Tax Collector believes such taxes are uncollectible; and, WHEREAS, in accordance with the Tax Collector’s recommendation the aggregate sum of $429,522 is the total outstanding motor vehicle tax on the Grand Lists up to and including 2010, to be transferred to the suspense tax book and $201,991 is the total outstanding personal property tax on the Grand Lists up to and including 2010, to be transferred to the suspense tax book; and, WHEREAS, nothing herein contained shall be construed as an abatement of any tax transferred to the suspense tax account, but any such taxes, as it shall have been increased by interest, penalty fees and charges may be collected; and WHEREAS, the City has contracted with Rossi Law Offices to pursue collection of the aforesaid accounts; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the following aggregate sums representing personal property taxes of $201,991 and motor vehicle taxes of $429,522 on the Grand Lists up to and including 2010, be and the same hereby are transferred to the suspense account. City Manager Alan H. Bergren  ORDINANCE #1 AN ORDINANCE AMENDING SECTION 8-3 OF THE NORWICH CODE OF ORDINANCES TO FURTHER DEFINE THE INTENDED EVENTS TO BE COVERED WHEREAS, Section 8-3 of the Norwich Code of Ordinances presently makes it illegal to remove fire department equipment placed by the fire department in the course of performing its duties during a fire; NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF CITY OF NORWICH, that Section 8-3 of the Norwich Code of Ordinances be and hereby is amended as hereinafter set forth to further define the types of prohibited behaviors, and to expand on the definition of a fire event. Section 8-3. Illegally destroying or removing fire department equipment or hindering an officer in the event of a fire or emergency requiring fire department response during a fire. It shall be unlawful for any person to injure, deface or destroy any city fire apparatus or fire equipment, or to hinder or obstruct any fire department personnel or equipment passing along the streets of the city when any fire department or company is responding to or operating at a service call, a fire, or other emergency including any incident in which the fire department may be operating to protect life or property within the City of Norwich, or in any manner to hinder or prevent any officer or member of such department from operating when any fire department or company is responding to or operating at a service call, a fire, or other emergency including any incident in which the fire department may be operating to protect life or property within the City of Norwich. It shall be unlawful for any person to remove or assist in removing any property or obstruction placed by the fire department in the course of its duties in, upon, or across any street or portion thereof or upon any premises under the control of such department during a fire when any fire department or company is responding to or operating at a service call, a fire, or other emergency including any incident in which the fire department may be operating to protect life or property within the City of Norwich. Purpose: to clarify the types of behavior subject to sanction and expand the defined occurrence from a fire to include service calls or other emergencies. Alderman William Nash Alderman Mark M. Bettencourt Alderwoman Sofee Noblick  ORDINANCE #2 AN ORDINANCE AMENDING SECTION 8-4 OF THE NORWICH CODE OF ORDINANCES TO DEFINE UNLAWFUL CONDUCT IN CONNECTION WITH FIRE OFFICIALS WHEREAS, Section 8-4 of the Norwich Code of Ordinances presently makes it unlawful to refuse or obey any order or command of a fire officer at a “fire”; WHEREAS, this Council wishes to expand the definition of the term “fire” and make such violation an infraction. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF CITY OF NORWICH, that Section 8-4 of the Norwich Code of Ordinances be amended as hereinafter set forth to expand the definition of the term “fire” and make such violation an infraction. Section 8-4. Failure to obey orders of officers at a fire emergency. It shall be unlawful for any person to neglect or refuse to obey any order or command of any officer of the fire department in charge of a fire when any fire department or company is responding to or operating at a service call, or other emergency within such municipality including any incident in which the fire department may be operating to protect life or property. Purpose: To remove the term “fire” and make the applicable events more expansive in the ordinance. Alderman William Nash Alderman Mark M. Bettencourt Alderwoman Sofee Noblick