City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 A regular meeting of the Council of the City of Norwich was held August 18, 2014 at 6:30 PM in Council Chambers. Present: Aldermen Desaulniers, Noblick, Wilson, Eyberse, Bettencourt, Nash and Mayor Hinchey. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Mayor Hinchey presided. President Pro Tem Desaulniers read the opening prayer and Ald. Bettencourt led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. Leonard Wisneski, 206 Canterbury Tpke, commented on a Zoning Board of Appeals ruling with respect to his property. Viola Greene, 27 Thames View Dr, complained about the blight in her neighborhood fearing someone might get hurt. David Eggleston, 215 Rockwell St, spoke on the proposed police station site on the former Buckingham property. Rodney Bowie, 62 Roosevelt Ave, asked the City to be frugal and not give so many tax breaks. Bonnie Hong, 167 Washington, stated the Rotary was holding a Diversity Celebration and asked for the Council to come and be involved. David Crabb, 47 Prospect St, talked about the topics he thought was pertinent as related to his article with respect to World History. Isaac Goodwater, 8 Stetson St, commented on the condition of Lafayette St. Harland Gahner, 416 N. Main St, spoke about the Blight Enforcement Officer coming to his property. Joanne Philbrick, 10 Elm Ave, made a suggestion on the placement of the portraits in Council Chambers. She stated people are leaving Norwich and asked what plan the City has to address this. Sheila Hayes, 288 Central Ave, invite people to the United Community Family Services to see the new facility. She talked about the celebration of diversity and how positive this is for the City. Mayor Hinchey declared citizen comment closed. Upon a motion of Ald. Noblick, seconded by Ald. Wilson, it was unanimously voted to accept the letter of resignation from Kent Baker for the Charter Revision Commission with regrets and thanked him for his services Upon a motion of President Pro Tem Desaulniers, seconded by Ald. Noblick, it was unanimously voted to amended this resolution to add: Richard Dugas, 179 Laurel Hill Rd and Michael G and Dawn E Jones, 52 Perkins Ave as participates. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 Mayor Hinchey called for a Public Hearing on participation in a Cost Sharing Program with The City of Norwich to construct concrete sidewalks. Speaking in favor: Joanne Philbrick, 10 Elm Ave, stated she is in favor of the improvement yet doesn’t understand why it is the homeowner’s responsibility to pay the fee. Speaking in opposition: There were no speakers. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for the action on AN ORDINANCE REGARDING: DISTRESSED PREMISES Upon motion of Ald. Noblick, second by Ald. Eyberse, to put the following ordinance on the floor introduced by Mayor Hinchey and Ald. Noblick. AN ORDINANCE REGARDING: DISTRESSED PREMISES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT THE FOLLOWING ORDINANCE HEREBY IS ADOPTED BY THE CITY OF NORWICH: Section 1. PURPOSE It is hereby found and declared that there exists within the City of Norwich a number of real properties which are in a blighted condition, and that the continued existence of such properties contributes to the decline of neighborhoods. It is further found that the existence of such properties adversely affects the economic well-being of the City of Norwich and is inimical to the health, safety, and welfare of its residents. Section II. DEFINITIONS In this ordinance, whenever the following terms are used, they shall be the meaning respectively ascribed to them in this section. A. BLIGHTED PROPERTY – Any premises, house, building, or structure or part thereof, on real property which is residential, nonresidential, commercial, or undeveloped, in which at least one of the following conditions exists: 1. It has been determined by a duly appointed official as designated by the City Manager acting within the scope of his authority, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community. 2. The property is in a state of disrepair or is becoming dilapidated as evidenced by one or more of the following: a. Missing, broken or inadequately secured windows or doors; b. Collapsing or missing exterior walls or roofs; c. Structurally faulty conditions; 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 d. Unrepaired fire or water damage; e. Substantially damaged or missing siding; f. Persistent garbage or trash on the property not completely contained within approved trash or refuse containers. g. One or more abandoned vehicles that are inoperable or in a state of disrepair or major disassembly or in the process of being stripped or dismantled including: cars, trucks, campers, motor cycles, boats, mowers, farming and construction equipment any one of which may also have missing doors or windows, holes, rust, or obvious physical decay, or used for storage purposes. h. Accumulated debris not used or properly stored for its intended purposes including plastics, glass, papers, junk, furniture, appliances, scrap metal, tires, batteries, containers or garbage, building materials. i. Accumulated putrescible animal and vegetable waste resulting from cooking and food consumption or the keeping of pets or other animals so as to create an offensive, unsightly, or unsanitary condition. j. Collapsing masonry. k. Graffiti as defined by the unauthorized application of paint or other permanent material the presence of which has a negative impact on values of property immediately adjacent thereto. l. As a result of inadequate maintenance or neglect, the ensuing dilapidated condition is a cause or contributing factor to cancellation of insurance on the subject and/or proximal properties. m. As a result of inadequate maintenance or neglect, the ensuing dilapidated condition has materially contributed to a decline or diminution in property values on the subject and/or proximal properties. n. Tarpaulins used for weather protection (roof coverings) for periods exceeding sixty (60) days in lieu of permanent approved roofing materials. o. Overgrown vegetation and herbaceous materials including grass exceeding ten (10) inches in height, overgrown trees and shrubbery impeding pedestrian traffic on sidewalks and streets. 3. The Fire Marshal has determined that a building or structure is a fire hazard and/or it is a factor creating a substantial and unreasonable interference with the use and enjoyment of neighboring properties. B. CITATION HEARING OFFICER – A person appointed by the City Manager as an officer as defined in and pursuant to Connecticut General Statutes § 7-152c, to serve as the Citation Hearing Officer. Such officer shall be other than any individual who issues citations and shall serve for a term of three (3) years, unless removed for cause. C. DILAPIDATED – Any building or structure or part thereof which is deemed an unsafe structure as defined in the Connecticut State Building Code, Property Maintenance Code or the Connecticut Public Health Code as may be amended from time to time, or any dwelling or unit which is designated as unfit for human habitation as defined by the Connecticut Public Health Code. D. ENFORCEMENT OFFICER – A person or persons authorized by the City Manager to take such enforcement actions and to issue citations as are specified by this Ordinance, who shall not be a Citation Hearing Officer 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 Section III. EXCEPTIONS/SPECIAL CONSIDERATIONS This Ordinance shall apply to all residential dwelling units, nonresidential space, commercial property and undeveloped land except: (a) Any blighted premise for which a site plan or special use permit is pending before the Commission on the City Plan. Section IV. CREATION OR MAINTENANCE OF BLIGHTED PROPERTY PROHIBITED No owner, agent, tenant and/or person responsible for the care, maintenance and/or condition of real property shall cause or allow any blighted property, as defined in Section II, to be created, maintained or continued. Section V. NOTICE OF VIOLATION 1. The City, through its designated Enforcement Officer, shall serve written notice to an owner, agent, tenant and person responsible for the blighted premises. The notice may be hand delivered or mailed by certified mail, return receipt requested, to the address of the owner as on file in the Assessor’s office as well as any lienholders in existence at the time the notice is mailed, or any of the persons identified in Section IV of this Ordinance, or in the case of an owner whose address is unknown, by publishing a copy of such notice in a daily or weekly newspaper having a circulation in the City. If the notice is mailed to only one of the responsible parties, it shall in no way be, or be construed to be, a release of any other responsible party. If there is more than one responsible party identified in the notice, the responsibility for complying with the notice shall be joint and several. 2. Notwithstanding anything to the contrary, the notice shall state the violation(s) of this Ordinance, what steps need to be taken to remedy the violation, demand its abatement within thirty (30) calendar days, and list the amount of fines that would be due and when uncontested payments can be made and accepted. If the owner fails to correct the violation(s), the City may issue an enforcement citation as specified herein. Section VI. ENFORCEMENT CITATION If any violation remains unabated after thirty (30) days, the Enforcement Officer is hereby authorized to issue a citation to the violator in accordance with this article. The citation will require payment of a fine of one-hundred dollars ($100) per day that a violation continues and shall require payment within ten (10) days from the issuance thereof. Section VII. CITATION PROCEDURE 1. The City of Norwich hereby adopts the citation procedure and appeal procedure that is set forth, and is in accordance with, C.G.S. § 7-152c as that statute may be amended from time to time. 2. In addition to the procedures set forth in paragraph 1 above, the Citation Officer shall render a decision in writing and shall file it with the enforcement officer and corporation counsel and send it by regular and certified mail, return receipt requested, to the tenant and responsible person, and to all parties who held liens prior to, or at the same time as, the issuance of the Notice of Violation as referenced in Section V of this ordinance. 3. The Enforcement Officer shall not have the authority to extend any of the deadlines set out in this Ordinance. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 4. If the tenant or responsible person fails to respond to the citation of blight, fails to attend any hearing or rescheduled hearing before the Citation Hearing Officer, or is unwilling or unable to rehabilitate or maintain the blighted property within a reasonable time, the Enforcement Officer shall request a penalty of not more than one hundred dollars ($100.00) per day for each day that the property violates this Ordinance. The fine shall be retroactive to the date of the Enforcement Officer’s initial notice of violation to the owner, agent, tenant, or responsible party or in the case of an unidentified owner, the date of publication of notice in the newspaper. Each day that a violation of this Ordinance exists shall constitute a separate offense. The Citation Hearing Officer shall certify such person’s failure to respond and assess said fines, penalties, costs and fees by notifying the owner, agents, tenant or responsible party by regular and certified mail, return receipt requested, and shall notify the enforcement officer and corporation counsel. 5. The final period for the uncontested payment of any citation under this ordinance shall be ten (10) days after the mailing or delivery of the citation. Section VIII. MUNICIPAL ABATEMENT 1. In the event any owner, agent, tenant or person in control of real property shall fail to abate or correct any violation specified in any notice after the issuance of an enforcement citation for such failure, which citation has become final through the failure of such owner, tenant, or person in control of real property to appeal from the issuance of said citation, or by such appeal being dismissed, the City of Norwich, acting through its designated Enforcement Officer issuing such notice of violation, may cause or take such action as is necessary to correct such violation. The cost to take such action shall be a civil claim by the City against such owner, agent, tenant, or person responsible for such property, and Corporation Counsel may bring an action to recover all such costs and expenses incurred. 2. If the owner, agent, tenant, or responsible person fails to correct the violations, the City of Norwich may take action pursuant to C.G.S. § 7-148(c)(7)(E) to abate the nuisance at any time after the initial twenty-four hour notice of such property. Section IX. RECORDING LIEN In addition to having a lien for abatement expenses, any unpaid fines or costs of abatement shall constitute a lien upon the real estate in accordance with C.G.S. § 7-148aa, and each such lien shall be continued, recorded, and released as provided therein. Section X. EFFECTIVE DATE This Ordinance shall become effective fifteen days (15) days after publication in a newspaper having a substantial circulation within the City of Norwich. Section IX. MISCELLANEOUS PROVISIONS 1. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. 2. If any provision of this Ordinance or the application thereof 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; 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 and to this end, the provisions of this Ordinance and the various applications thereof are declared to be severable. Upon a motion of Ald. Bettencourt, seconded by Ald. Nash, it was unanimously voted to amend the above ordinance. Upon a motion of Ald. Bettencourt, seconded by Ald. Nash, it was unanimously voted to set a public hearing, second reading and action for September 2, 2014 on the following ordinance. AN ORDINANCE REGARDING: DISTRESSED PREMISES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT THE FOLLOWING ORDINANCE HEREBY IS ADOPTED BY THE CITY OF NORWICH: Section 1. PURPOSE This ordinance is enacted pursuant to the powers and authority granted under the Charter of the City of Norwich and under the Connecticut General Statutes, including, but not limited to, Connecticut General Statutes § 7-148(c)(7)(H)(xv), § 7-148c(7)(E), § 7-152c, § 7-148aa, § 7- 148gg, § 7-148ii, and § 7-148jj. It is hereby found and declared that there exist within the City of Norwich a number of real properties which are in a blighted condition, and that the continued existence of such properties in a blighted condition contributes to the decline of neighborhoods. It is further found that the existence of such properties in a blighted condition adversely affects the economic well-being of the City of Norwich and is inimical to the health, safety, and welfare of its residents. It is further found that many of these properties can be rehabilitated, reconstructed, demolished and/or reused so as to: provide decent, safe and sanitary housing and commercial facilities, eliminate, remedy, and prevent the adverse conditions described above, maintain and preserve the integrity of City neighborhoods, preserve and protect property values, and control visual blight. Section II. DEFINITIONS In this ordinance, whenever the following terms are used, they shall have the meaning respectively ascribed to them in this section. A. BLIGHTED PROPERTY – Any premises, including, but not limited to, any house, building, or structure or part thereof, on real property which is residential, nonresidential, commercial, or undeveloped, in which at least one of the following conditions exists: 1. It has been determined by a duly appointed official acting within the scope of his or her authority, that a condition exists on property that poses a serious or immediate threat to the health, safety or general welfare of the community. 2. A property is in a state of neglect or a house, building, structure, or any part thereof, on the property is dilapidated as evidenced by one or more of the following: a. Missing, broken or inadequately secured windows or doors; b. Collapsing or missing exterior walls or roofs; c. Structurally faulty conditions; d. Unrepaired fire or water damage; e. Substantially damaged or missing siding; 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 f. The persistent existence of garbage or trash on the property not completely contained within trash or refuse containers securely sealed by covers; g. The persistent existence of one or more vehicles on the property that are inoperable or in a state of disrepair or major disassembly or in the process of being stripped or dismantled including: cars, trucks, campers, motor cycles, boats, mowers, farming and construction equipment any one of which may also have missing doors or windows, holes, rust, or obvious physical decay, or used for storage purposes; h. Accumulated debris not used or properly stored for its intended purposes including plastics, glass, papers, junk, furniture, appliances, scrap metal, tires, batteries, containers or garbage, building materials; i. Accumulated putrescible animal and vegetable waste resulting from cooking and food consumption or the keeping of pets or other animals so as to create an offensive, unsightly, or unsanitary condition; j. Collapsing masonry; k. Graffiti as defined by the unauthorized application of paint or other permanent material the presence of which has a negative impact on values of property immediately adjacent thereto; l. A dilapidated condition which has ensued as a result of inadequate maintenance or neglect which is a cause or contributing factor to a cancellation in insurance on the subject and/or proximal properties; m. A dilapidated condition which has ensued as a result of inadequate maintenance or neglect which has materially contributed to a decline or diminution in property values on the subject and/or proximal properties; n. Tarpaulins used for weather protection (roof coverings) for periods exceeding sixty (60) days in lieu of permanent approved roofing materials; o. Overgrown vegetation and herbaceous materials including grass exceeding ten (10) inches in height, including overgrown trees and shrubbery impeding pedestrian traffic on sidewalks and streets; p. The property is in a condition that creates a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other space within the neighborhood; q. Refuse or filth is discharged from the property into a body of water within the City, or such substances are placed on the property in such a position that high water or natural seepage will inevitably carry the same into such waters; r. There exists on the property stagnant or unsanitary water in which mosquitoes may breed; garbage, sewage, excrement, manure or other foul, decayed, putrid, unwholesome, deleterious or offensive thing or substance; animal carcasses or parts thereof; or trash, rubbish, rubble, tires, brush, used materials or discarded items of little or no value; 3. The Fire Marshal has determined that a building or structure is a fire hazard and/or it is a factor creating a substantial and unreasonable interference with the use and enjoyment of neighboring properties. B. CITATION HEARING OFFICER – Any person appointed by the City Manager pursuant to the provisions of Connecticut General Statutes § 7-152c to serve as a Citation Hearing Officer. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 C. DILAPIDATED – Any building, structure, or parcel of land, or part thereof which is deemed an unsafe structure pursuant to the Connecticut State Building Code, the Property Maintenance Code of the City of Norwich, or the Connecticut Public Health Code, as they may be amended from time to time, or any dwelling or dwelling unit which is designated as unfit for human habitation as defined by the Connecticut Public Health Code including, but not limited to, a building, structure, or parcel of land that evidences disrepair, that presents a safety concern, or evidences conditions that are likely to cause sickness, disease, or injury to the health, safety or general welfare of the persons living therein or of the general public. D. ENFORCEMENT OFFICER – A person or persons authorized by the City of Norwich to take such enforcement actions and to issue citations as are specified by this Ordinance, who shall not be a Citation Hearing Officer. An Enforcement Officer is authorized to enter property during reasonable hours for the purpose of remediating blighted conditions. Section III. EXCEPTIONS/SPECIAL CONSIDERATIONS This Ordinance shall apply to all residential dwelling units, nonresidential space, commercial property and vacant or undeveloped land except as to any blighted premises for which a site plan or special use permit is pending before the Commission on the City Plan. Section IV. CREATION OR MAINTENANCE OF BLIGHTED PROPERTY PROHIBITED No owner, agent, tenant, firm, corporation, association, or person responsible in whole or in part for the care, maintenance or condition of real property, taxable or tax exempt, shall cause or allow any blighted property, as defined in Section II herein, to be created, maintained, continued, or suffered to exist. Section V. NOTICE OF VIOLATION A. The City of Norwich, through a designated Enforcement Officer, shall give written notice of any violation(s) to the owner and occupant of the property determined to be blighted. The notice may be hand delivered, mailed first class, or mailed by certified mail, return receipt requested, to the address of the owner as on file in the Assessor’s office or as on file pursuant to Article V of Chapter 4 of the Norwich Code of Ordinances. Notice may also be provided in a like manner to any person or entity identified in Section IV of this Ordinance. In the case of an owner whose address is unknown, a copy of the notice may be published in a daily or weekly newspaper having a circulation in the City of Norwich. If the notice is mailed to only one responsible party, it shall in no way be, or be construed to be, a release of any other responsible party. If more than one responsible party is identified in the notice, the responsibility for complying with the notice shall be joint and several. B. Notwithstanding anything to the contrary, the notice shall specify the violation(s) of this ordinance sought to be abated, identify the steps that need to be taken to remedy the violation(s), demand abatement within thirty (30) calendar days, and list the amount of fines that would be due and when uncontested payments can be made and accepted. If the owner or other responsible party fails to correct the violation(s), the City of Norwich may issue an enforcement citation as specified herein. Section VI. ENFORCEMENT CITATION 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 If any violation under this Ordinance remains unabated after thirty (30) days following the giving or service of notice, the Enforcement Officer is hereby authorized to issue a citation to the violator(s) for such violation(s) in accordance with this Ordinance, which shall be an enforcement process in addition to those provided pursuant to the Norwich Code of Ordinances, Chapter 1, §1-8 and §1-9, or as otherwise provided in the Connecticut General Statutes. The citation shall require payment of a fine not exceeding one-hundred dollars ($100) per day for each day that a violation continues and shall require payment within ten (10) days from the issuance thereof. Section VII. CITATION PROCEDURE A. The City of Norwich hereby adopts for the purpose of this Ordinance the hearing procedure that is set forth in, and is in accordance with, C.G.S. § 7-152c, as that statute may be amended from time to time; and hereby authorizes and provides for, the filing of a lien having precedence over other liens in accordance with the provisions of C.G.S. § 7-148aa as that statute may be amended from time to time. B. If the owner, agent, tenant, firm or responsible person fails to respond to a citation for blight under this Ordinance, fails to attend any hearing or rescheduled hearing before a Citation Hearing Officer, or is unwilling or unable to rehabilitate or maintain the blighted property within the reasonable time permitted, the Enforcement Officer shall request a penalty of not more than one hundred dollars ($100.00) per day for each day that the property violates this Ordinance. The fine shall be retroactive to the date of the Enforcement Officer’s initial notice of violation to the owner, agent, tenant, or responsible party or in the case of an owner who cannot be located, the date of publication of notice in the newspaper. Each day that a violation of this Ordinance exists shall constitute a separate offense. The Citation Hearing Officer shall follow the procedure adopted pursuant to the Connecticut General Statutes § 7-152c. C. As to any unpaid penalty or fine imposed by the City of Norwich pursuant to provisions of this Ordinance, when no demand for hearing is filed within the requisite time period, the Citation Hearing Officer shall note the designated municipal officer’s certification of the person’s failure to respond, and enter and assess the fines, penalties, costs, or fees provided and thereafter notify the owner, agent, tenant, firm, or responsible person by regular and certified mail, return receipt requested, and shall notify the Enforcement Officer. If a request for hearing has been made under the requisite time period, the Citation Hearing Officer shall conduct the hearing, and, if the hearing is contested, announce his decision at the end. The Citation Hearing Officer shall either make a finding of no liability and dismiss the matter, or make a finding of liability and enter and assess the fines, penalties, costs, or fees. Thereafter, the Citation Hearing Officer shall file a written decision that reflects his or her orders with the Enforcement Officer and send a copy of the same by regular and certified mail, return receipt requested, to all persons given notice of the hearing or otherwise given notice of the violation. D. The Citation Hearing Officer shall not have the authority to extend any of the deadlines set out in this ordinance. E. The final date for the uncontested payment of any citation under this Ordinance shall be ten (10) days after the mailing or delivery of the citation. Section VIII. MUNICIPAL ABATEMENT A. In the event any owner, agent, tenant or responsible person shall fail to abate or correct any violation specified in any notice after the issuance of an enforcement citation for such failure, which citation has become final through the failure of such owner, tenant, or person in 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 control of real property to appeal from the issuance of said citation, or by such appeal being dismissed or denied, the City of Norwich, acting through its designated Enforcement Officer issuing such notice of violation, may cause or take such action as is necessary to correct such violation. The cost to take such action shall be a civil claim by the City of Norwich against such owner, agent, tenant, or person responsible for such property, and the City of Norwich may bring an action to recover all such costs and expenses incurred. B. Notwithstanding any provisions herein, the City of Norwich may take action pursuant to C.G.S. § 7-148(c)(7)(E) to abate any nuisance. Section IX. RECORDING LIENS In addition to having a lien for abatement expenses, all unpaid fines or costs shall constitute a lien upon the real estate in accordance with C.G.S. § 7-148aa, and each such lien shall be continued, recorded, and released as provided therein. Section X. EFFECTIVE DATE This Ordinance shall become effective ten days (10) days after publication in a newspaper having a substantial circulation within the City of Norwich. Section IX. MISCELLANEOUS PROVISION If any provision of this Ordinance or the application thereof 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. City Manager Alan Bergren gave his report as follows: 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 Upon motion of President Pro Tem Desaulniers, second by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren. 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 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 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 Charlayne Williams & Iris E. Andrews 51 Division Street $ 5,069.00 Ann D. Engelhardt 47 Convent Avenue $ 2,878.50 Paul J. & Helen R. Lynch 15 Goldberg Avenue $ 1,961.85 Theresa A. Salahi 73 Peck Street $ 2,054.25 Henry W. & Elizabeth M. Belisle 249 Boswell Avenue $ 3,727.00 James V. Sbarbori 5 Francis Place $ 1,535.33 Richard H. & Mary E. Charland 4 Goldberg Avenue $ 4,842.75 Sandra J. Brokaw 756 Boswell Avenue $ 2,301.34 Sandra J. Brokaw 175 Laurel Hill Ave $ 2,273.70 Richard Dugas 179 Laurel Hill Road $ 2,227.50 Michael G. & Dawn E Jones 52 Perkins Avenue $ 4,667.85 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. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $25,174.62. Mayor Hinchey called for citizen comment. Joanne Philbrick, 10 Elm Ave, commented on resolution # 1 felt the RFP for the Nutmeg property is moving along so quickly and also asked where they are moving and the cost to the City. Mayor Hinchey declared citizen comment closed. Upon a motion of Ald. Nash, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 WHEREAS, the City of Norwich is acquiring the property at 31 New London Turnpike, Norwich, Connecticut, specifically referenced in the deed recorded at Volume 1200, page 30 of the Norwich Land Records, pursuant to funding from the Hazard Mitigation Grant Program, Section 404 of the Stafford Act, awarded by the Federal Emergency Management Agency, Department of Homeland Security, identified as FEMA–DR-1904-CT-2R, for the purpose of restricting the use of the land to open space in perpetuity in order to protect and preserve natural flood plain values; WHEREAS, the City of Norwich has been awarded a corresponding sub-grant by the Department of Emergency Services and Public Protection, and the Department of Energy and Environmental Protection, State of Connecticut, for the property at 31 New London Turnpike, Norwich, Connecticut for the purpose of restricting the use of the land to open space in perpetuity in order to protect and preserve natural flood plain values; WHEREAS, in consideration for receiving federal funding from the Hazard Mitigation Grant Program and the corresponding Department of Emergency Services and Public Protection/Department of Energy and Environmental Protection sub-grant for State of Connecticut funding, the City of Norwich is required to execute certain documents for the acquisition of 31 New London Turnpike; 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 execute on behalf of the City of Norwich a Conservation Easement and Declaration of Restrictive Covenants for financial assistance to acquire a permanent interest in land known as 31 New London Turnpike, referenced in the deed recorded at Volume 1200, page 30 of the Norwich Land Records, and to manage said land as open space land pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended. NOW THEREFORE BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren be and hereby is authorized and directed to execute on behalf of the City of Norwich a Grant Agreement and Conservation and Public Recreation Easement and Agreement under the Open Space and Watershed Land Acquisition Program with the State of Connecticut for financial assistance to acquire a permanent interest in land known as 31 New London Turnpike, Volume 1200, page 30 of the Norwich Land Records, and to manage said land as open space land pursuant to Section 7- 131d of the Connecticut General Statutes. Upon a motion of Ald. Wilson, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren. WHEREAS, Senior Resources Agency on Aging has Federal Title III funds available for Outreach Services to homebound seniors and Preventive Health Services, and, WHEREAS, The Rose City Senior Center provides Outreach Services and Preventive Health Services to Norwich Seniors, and, 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 18, 2014 WHEREAS, it is in the best interest of Norwich Senior Citizens that the Rose City Senior Center continues to apply for said Federal funding in an amount not to exceed $6,500 for Outreach Services (Benefits Counseling) and $5,000 for Preventive Health Services (Podiatry Clinic), NOW, THEREFORE, BE IT RESOLVED BY THE NORWICH CITY COUNCIL, that the City Manager, Alan H. Bergren, is authorized to apply for funding available through Senior Resources Agency on Aging, on behalf of the Rose City Senior Center. Upon a motion of Ald. Noblick, seconded by Ald. Wilson, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren. WHEREAS, the City of Norwich is the beneficiary of grant monies in the amount of $690,000 awarded by the Department of Social Services of the State of Connecticut for a Neighborhood Facilities Program that will fund building improvements to the Rose City Senior Center located on Mahan Drive in Norwich, Connecticut; WHEREAS, in order to receive the funding for improvements to the Rose City Senior Center, the Department of Social Services of the State of Connecticut requires the City Manager of the City of Norwich to execute a nondiscrimination certificate pursuant to Connecticut General Statutes attesting under oath that the City of Norwich has policies in effect that meet the requirements with certain agreements and warranties; 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 execute and amend as necessary on behalf of the City of Norwich certain contractual instruments as required by the Department of Social Services of the State of Connecticut for a neighborhood facilities program to comply with all state requirements so as to obtain the funding; NOW THEREFORE BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren be and is hereby authorized and directed to execute a certificate of resolution that certifies that the policies of the City of Norwich comply with the nondiscrimination agreements and warranties required under Connecticut General Statute Section 4a-60(a)(1) and Section 4a-60a(a)(1), as amended in the State of Connecticut Public Act 07-245 and sections 9(a)(1) and 10(a)(1) of Public Act 07- 142. Upon motion to Ald. Noblick, seconded by Ald. Bettencourt, it was unanimously voted to adjourn at 7:20 pm. CITY CLERK 14