City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 A regular meeting of the Council of the City of Norwich was held November 17, 2014 at 6:30 PM in Council Chambers. Present: Aldermen Desaulniers, Noblick, Eyberse, Bettencourt, Nash and Mayor Hinchey. Absent: Alderman Wilson. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Mayor Hinchey presided. Ald. Eyberse read the opening prayer and Ald. Bettencourt led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. Mark Cook, 62 Gulliver Circle, spoke in early support of fully funding the Board of Education in the upcoming budget to stay competitive with other school systems locally and internationally. David Crabbe, 47 Prospect St., spoke about economic recovery and national debt. Brian Kobylarz, 16 Hobart Ave., noted the high number sex offenders in town with the largest number of half way houses in the entire state. He also referred to the converted parocial school cafeteria being classified as a restaurant that serves more patrons for free than all the restaurants downtown. This is not good for economic development. He commended the City Council for supporting the Zoning Board of Appeals and the Commission on the City Plan in the fight against this issue. Rodney Bowie, 62 Roosevelt Ave., urged the Council to stop bringing in half way houses and related types of agencies. John Blackburn, 15 Alice St., felt the request on the upcoming budget was too premature. He also commended NFA for the beautiful Veterans Day program and requested that future Veterans Day ceremonies be kept at 11:00 at Chelsea Parade because of the location of the military monuments there and have the Taftville ceremony in the afternoon. There being no more speakers Mayor Hinchey declared citizen comment closed. Mayor Hinchey called for the second reading and action on AN ORDINANCE REGARDING: THE ADOPTION OF FINANCIAL MANAGEMENT POLICIES Upon a motion Ald. Noblick, seconded Ald. Eyberse, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Ald. Noblick made a motion, seconded by Ald. Desaulniers, to adopt the following ordinance introduced by Mayor Hinchey. Ald. Noblick made a motion, seconded by Ald. Nash, it was unanimously voted to table the following ordinance introduced by Mayor Hinchey. AN ORDINANCE REGARDING THE ADOPTION OF FINANCIAL MANAGEMENT POLICIES 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT AN ARTICLE VI – SECTIONS 7-131 THROUGH 7-132.4 – AS MORE PARTICULARLY SET FORTH HEREIN BE ADDED TO CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH: Article VI – Financial Management Policies 7-131 – Unrestricted Fund Balance of the General Fund The city shall maintain an adequate unrestricted fund balance (UFB) in its General Fund. The UFB is the amount of fund balance that is not constrained by externally enforceable legal or contractual restrictions. 7-131.1 – Contingency Appropriation During the annual budget process, the city shall include a contingency appropriation. The contingency appropriation may be used to offset unanticipated, unbudgeted revenue shortfalls or expenditure overages which cannot be mitigated by reducing other operating expenditures. Any unspent and unencumbered contingency appropriation, along with any operating surpluses in the General Fund shall close out into the UFB at the end of the fiscal year. 7-131.2 – Size of Unrestricted Fund Balance The city shall maintain a UFB of not less than 12% of the current fiscal year’s budgeted expenditures and operating transfers. 7-131.3 – Permitted Uses of Unrestricted Fund Balance UFB may be used to absorb operating deficits caused by unanticipated, unbudgeted revenue shortfalls or expenditure overages which cannot be mitigated by utilizing the contingency appropriation. However, UFB shall not be used in the place of normal operating revenues in the annual budget process. To the extent that UFB exceeds 17% of the current fiscal year’s budgeted expenditures and operating transfers, the Council of the City of Norwich may appropriate, by ordinance, some portion of such excess for one or more of the following purposes: a) Additional capital improvements beyond those required by Charter Chapter VII, Section 17 which can be demonstrated to reduce the future operating expenses of the city b) Make transfers to a bonded projects fund to pay for projects with authorized, but unissued debt c) Retire existing debt early d) Make employer contributions to the Pension or Other Post-Employment Benefits Trust Funds above the amount required by 7-132.4 7-131.4 – Replenishment of Unrestricted Fund Balance If the UFB were to fall below the minimum level set in 7-131.2, the city shall increase the contingency appropriation in 7-131.1 according to the following schedule: a) If the UFB is below 8% of the current fiscal year’s budgeted expenditures and operating transfers, the city shall restore UFB to the 8% level within two budget cycles. b) If the UFB is greater than 8%, but below 10% of the current fiscal year’s budgeted expenditures and operating transfers, the city shall restore UFB to the 10% level within five budget cycles. c) If the UFB is greater than 10%, but below 12% of the current fiscal year’s budgeted expenditures and operating transfers, the city shall restore UFB to the 12% level within five budget cycles. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 7-132 – Pension and Other Post-Employment Benefits Funding The city shall have actuarial valuations of its pension and other post-employment benefits (“OPEB”) plans performed at least biennially. 7-132.1 – Actuarial Cost Method The city shall use an actuarial cost method which conforms to the current actuarial standards of practice and allocate normal costs over a period beginning no earlier than the date of employment and should not exceed the last assumed retirement age. The selected actuarial cost method should be designed to fully fund the long-term costs of contractual benefits while equitably allocating the costs over the employees’ period of active service. 7-132.2 – Actuarial Asset Method The city shall recognize actuarial gains or losses on the differences between actual investment returns and the assumed rate of return over no longer than five years on a straight-line basis. 7-132.3 – Amortization of Unfunded Actuarial Accrued Liability a) Generally – The Unfunded Actuarial Accrued Liabilities (“UAALs”) that exist as of the last published valuation date prior to the adoption of this ordinance shall be amortized over no longer than 25 years. Changes in UAALs that occur after this date shall be amortized over no longer than 20 years. b) Plans closed to new entrants – The UAAL amortization for such plans shall be treated the same as in a) until such plans have no remaining active members. When a plan is closed to new entrants and has no remaining active members, changes in the UAAL shall be amortized over no longer than 10 years. 7-132.4 – Contributions a) Generally – The city shall contribute the amount recommended by its actuary each fiscal year unless the amount varies by more than 15% +/- from the previous year. This variance shall be calculated by division (e.g., Norwich Public Utilities, Norwich Public Schools, Police, Fire, Volunteer Fire, and all other General City). b) Contribution recommended by actuary is less than 85% of the previous year’s contribution – The city shall contribute an amount equal to 85% of the previous year’s contribution. c) Contribution recommended by actuary is greater than 115% of the previous year’s contribution – The city shall contribute an amount equal to 115% of the previous year’s contribution. Mayor Hinchey called for a moment of silence in honor of Norma Wallace-Martin and Edward Seder. Upon a motion of Ald. Noblick, seconded by Ald. Nash, it was unanimously voted to accept the following communication from the Redevelopment Agency: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 City Manager Alan Bergren gave his report as follows: 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 Mayor Hinchey called for citizen comment on resolutions. Bill Champagne and Regan Miner, Norwich Historical Society, expressed gratitude to the Sachem Fund for their funding request. Rodney Bowie, 62 Roosevelt Ave., expressed his dissatisfaction in the Community Center research. He feels our taxes are too high and we have plenty of existing places that we are currently maintaining that are not being used to their fullest potential. Shiela Hayes, 288 Central Ave., spoke in support of the Community Center Committee and hopes to see something come of their efforts. She also is in favor of the Sachem Fund awards and wished that the Emancipation Proclamation Committee was awarded what they submitted for and to be reconsidered to finish the Bell/Courtyard project in the future. Jessica Quay, 321 Old Canterbury Tpk., Susana Burgess, 97 Quarto Rd. and Shilo Santor, 363 Scotland Rd., a Norwich Mom’s Group, submitted a petition and spoke about their support of the Splash Pad and expressed their disappointment of the Sachem Fund Committee not approving their Splash Pad request. Theodore Phillips, 12 Case St., spoke in support and explained the particulars of resolution #1 on the Quit Claim of the property within the West Side Urban Renewal project. David Crabb, 47 prospect St., suggested that we need to be sure that all of the money awarded through Sachem Fund be “good” and if all of the money is not spent it should be returned and put back into the General Fund and used for City purposes that are in fact “good”. John Blackburn, 15 Alice St., spoke about the Community Center Committee stating that he feels the YMCA is the answer and a study is not necessary we should look into acquiring the YMCA with it’s central location. There being no more speakers Mayor Hinchey declared citizen comment on resolutions closed. Upon a motion of Ald. Noblick, seconded by Ald. Eyberse, it was unanimously voted to adopt the following resolution introduced by Ald. Noblick. WHEREAS, the West Side Urban Renewal Project was undertaken by the City of Norwich acting through its Redevelopment Agency during the 1970’s through the 1980’s; and WHEREAS, pursuant to this Project, the City of Norwich acting by and through its Redevelopment Agency conveyed various properties in the West Side Urban Renewal Redevelopment Area to Ronald Aliano including an exchange of properties on or about June 16, 1987; and WHEREAS, said properties conveyed to Ronald Aliano are now owned by the American Group Realty, LLC; and 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 WHEREAS, the American Group Realty, LLC has requested the Norwich Redevelopment Agency convey to it approximately 1807.7 square feet of property which appears to have been intended to have been transferred to Ronald Aliano but the transfer never completed; and WHEREAS, the Norwich Redevelopment Agency, by a resolution adopted on October 27, 2014 authorized its chairman to execute a quit claim deed conveying property containing 1,807.7 square feet to American Group Realty, LLC as depicted on a survey map to be recorded; and WHEREAS, the Norwich Redevelopment Agency has reported its proposed transaction to the Council of the City of Norwich; and WHEREAS, following a review of its records, the Norwich Redevelopment Agency has not been able to determine conclusively why this property was not previously conveyed; and WHEREAS, it appears the property may at one time had been a portion of High Street, as it then existed, discontinued or abandoned by the City of Norwich; and WHEREAS, the American Group Realty, LLC has requested the City of Norwich similarly convey the property to it by quit claim deed to clarify the status of its title, 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 deliver to the American Group Realty, LLC a quit claim deed conveying any interest the City of Norwich may have in the approximately 1,807.7 square feet of property as depicted in a survey to be recorded in the Norwich Land Records entitled “Now or formerly of Norwich Redevelopment Agency to be conveyed to American Group Realty, LLC 1807.7 square feet on a map entitled perimeter survey prepared for American Group Realty, LLC showing property acquired from Norwich Redevelopment Agency, 1 American Way, Norwich, Connecticut scale: 1”=40’, date: October 8, 2014, Job No. 14-060, Gerwick- Mereen LLC”, satisfactory to him, and to enter into, execute and deliver with such other quit claim deed or documents as may be necessary to clarify any title issue. Upon a motion of Ald. Eyberse, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Ald. Eyberse, Noblick and Wilson. WHEREAS, the Council of the City of Norwich, by resolution adopted at its meeting of October 6, 2014 established a committee known as the Community Center Exploration Committee, to consist of 11 individuals to perform a comprehensive review of the need for and benefits of a community center in Norwich; and WHEREAS, the Council, by this resolution, encouraged interested individuals to apply for membership on the committee which would be appointed by the Council at its second meeting in November 2014 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the following individuals be and hereby are appointed to be the Community Center Exploration Committee: Steven Becker Julie Cagle Anne Doyle Angela Duhaime Paul Ethier Lee-Ann Gomes John Iovino Andrea Kaiser Karen Neeley Celia Siefert Jodi Vara AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Committee be charged to carry out the responsibilities placed upon it by the resolution of the Council of the City of Norwich of October 6, 2014 and to submit a written report expressing its recommendations to the Council of the City of Norwich on or before the first meeting of the Council in July of 2015. Ald. Noblick made a motion, seconded by Ald. Nash, to adopt the following resolution introduced by President Pro-Tem Desaulniers. Upon a motion of President Pro-Tem Desaulniers, seconded by Ald. Nash it was unanimously voted to amend the following resolution to add the following organizations. Motion passes. WHEREAS, the Council of the City of Norwich established the Sachem Fund by Ordinance No. 1553 dated January 2, 2007, for the purpose of furthering the economic development of the City of Norwich and the cultural experience of residents and visitors; and WHEREAS, the Sachem Fund Board has been delegated the role of reviewing applications to the Sachem Fund and making recommendations based on the applications’ contribution to the goals of the Fund; and WHEREAS, the Sachem Fund Board has met to review and consider applications submitted to the Sachem Fund. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the following recommendations made by the Sachem Fund Board are hereby approved: 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 Organization Purpose Amount Norwich Historical Society 1. Self guided $85,000.00 walking tours 2. Timeline of Norwich History 3. Rehabilitate the 1783 Daniel Lathrop Schoolhouse Norwich Community Economic 1. Attract new businesses $90,000.00 Development Corporation Inc. 2. Stabilize new businesses 3. Fill gaps in current marketplace by adding new products and services not currently available. Upon a motion of Ald. Noblick, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by City Manager Alan H. Bergren. WHEREAS, MMAP Properties, LLC has offered to convey to the City of Norwich by a deed in lieu of foreclosure a parcel of land carried on the land records of the City’s Tax Assessor’s office as Map 103, Block 1, Lot 11 (130 North Main Street) more particularly described in Schedule A attached hereto; and WHEREAS, MMAP Properties, LLC has offered said deed in lieu of foreclosure in full and final satisfaction of all real estate taxes due the City of Norwich assessed with respect to MMAP Properties, LLC; and WHEREAS, the taxes due as of October 31, 2014 are $2,915.20 and said property is assessed at a value of $18,000.00. NOW THEREFORE BE IT RESOLVED, that the City of Norwich hereby accepts the tender of the deed in lieu of foreclosure by MMAP Properties, LLC, conveying to the City of Norwich title to 130 North Main Street in full and final satisfaction of said taxes assessed with respect to said property; and BE IT FURTHER RESOLVED, that City Manager Alan H. Bergren be and hereby is authorized to accept said deed on behalf of the City of Norwich, subject to the approval of the Corporation Counsel, and to cause it and any other necessary documents to be filed or recorded. 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 Upon a motion of Ald. Nash, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by City Manager Alan H. Bergren. WHEREAS, Kirk W. Bryson has offered to convey to the City of Norwich by a deed in lieu of foreclosure two parcels of land carried on the land records of the City’s Tax Assessor’s office as Map 96, Block 6, Lot 18 (45 Lake Street) and Map 96, Block 6, Lot 19 (47 Lake Street), both more particularly described in Schedule A attached hereto; and WHEREAS, Kirk W. Bryson has offered said deed in lieu of foreclosure in full and final satisfaction of all real estate taxes due the City of Norwich assessed with respect to Kirk W. Bryson; and WHEREAS, the taxes due as of October 31, 2014 are $9,887.68 for 45 Lake Street and said property is assessed at a value of $12,900.00; and 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 WHEREAS, the taxes due as of October 31, 2014 are $5,368.88 for 47 Lake Street and said property is assessed at a value of $14,100.00. NOW THEREFORE BE IT RESOLVED, that the City of Norwich hereby accepts the tender of the deed in lieu of foreclosure by Kirk W. Bryson, conveying to the City of Norwich title to 45 Lake Street and 47 Lake Street in full and final satisfaction of said taxes assessed with respect to said properties; and BE IT FURTHER RESOLVED, that City Manager Alan H. Bergren be and hereby is authorized to accept said deeds on behalf of the City of Norwich, subject to the approval of the Corporation Counsel, and to cause it and any other necessary documents to be filed or recorded. 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 Upon a motion of Ald. Desaulniers, seconded by Ald. Eyberse, it was voted to schedule public hearing on December 1, 2014 at 7:30 pm, second reading and action on following ordinance introduced by President Pro-Tem Desaulniers and City Manager Alan H. Bergren. The motion passed on a 2 to 4 vote with Ald. Nash and Bettencourt voting against: AN ORDINANCE REGARDING: AN INCREASE IN CERTAIN PARKING FINES AND AN EXTENSION OF THE TIME WITHIN WHICH TO PAY ALL FINES TO THE PARKING COMMISSION BEFORE THE AMOUNT OWED IS DOUBLED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT CHAPTER 20, ARTICLE II, SECTION 20-19 SUBSECTION (l) AND (m) BE AMENDED TO INCREASE THE FINE FOR VIOLATION OF THESE SUBSECTIONS FROM FIVE DOLLARS ($5.00) PER VIOLATION TO FIFTEEN DOLLARS ($15.00) PER VIOLATION AND TO INCREASE THE TIME FOR PAYMENT OF FINES WITHOUT DOUBLING THE AMOUNT TO FOURTEEN (14) DAYS; THE AMENDMENTS STATED AS FOLLOWS: Sec. 20-19. Same-Fines and penalties. Each owner or operator receiving a notice provided in section 20-18 may pay to the public parking commission personally or by mail as a penalty for and in full satisfaction of such violation the following sums: (a) Obstruction driveway. . . . . . . . . . . . . . . . . $25.00 (b) Parking too far from curb. . . . . . . . . . . . . 15.00 (c) Parking too close to corner. . . . . . . . . . . 15.00 (d) Double parking. . . . . . . . . . . . . . . . . . . . . . 25.00 (e) Parking on wrong side of street. . . . . . 15.00 (f) Parking in crosswalk. . . . . . . . . . . . . . . . . 15.00 (g) Parking too close to fire hydrant. . . . . . 25.00 (h) Violation of snow regulations. . . . . . . . . 25.00 (i) Parking in handicapped zone. . . . . . . . . 100.00 (j) Parking in fire zone. . . . . . . . . . . . . . . . . . . 25.00 (k) Parking in posted no parking zone. . . . 15.00 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 17, 2014 (l) Overtime parking. . . . . . . . . . . . . . . . . . . . . 5.00 15.00 (m) Parking at meter over legal limit. . . . . . 5.00 15.00 (n) Parking at bus stop, taxistand or loading zone 15.00 (o) Parking on sidewalk. . . . . . . . . . . . . . . . . . 15.00 (p) Parking in intersection. . . . . . . . . . . . . . . 15.00 (q) Obstructing traffic. . . . . . . . . . . . . . . . . . . 25.00 (r) Left wheel to curb. . . . . . . . . . . . . . . . . . . 15.00 (s) Other. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 Chapter 20, Article II The failure of such owner or operator to make such payment to said commission within 48 hours 14 days shall render him liable to payment of double the above fines. The failure of such owner or operator to make such payment to said commission within 96 hours shall render him liable to the penalty provided by the Connecticut General Statutes for infractions. And be it further ordained by the Council of the City of Norwich that this ordinance shall become effective on January 15, 2015. Upon motion by Ald. Nash, seconded by Ald. Noblick, it was unanimously voted to adjourn at 7:45 pm. ASSISTANT CITY CLERK 28