City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 20, 2015 A regular meeting of the Council of the City of Norwich was held July 20, 2015 at 6:30 PM in Council Chambers. Present: Mayor Hinchey, Aldermen Desaulniers, Noblick, Bettencourt. Acting City Manager Bilda and Corporation Counsel Michael Driscoll were also in attendance. Absent: Aldermen Nash due to work, Alderman Eyberse recuperating and Alderman Wilson. Mayor Hinchey presided. President Pro Tem Desaulniers read the opening prayer and Ald. Noblick led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. David Burley, 638 Scotland Rd talked about Norwich taxes being high and suggested that the Council needs to protect the citizens. He supports the self-contained breathing apparatus for the Fire Department as well as the Norwich taxpayers and business owners. He was in disbelief that the City Hall floors are going to be redone and asked the Council to live within the budget and not create more debt. Karen Staples, 28 Arnold Place asked that the comprehensive study done regarding Chelsea Gardens be shared and felt that the $2.7 million annual projected revenue is incorrect. She is very concerned about this project and how it is going to be supported. David Caruso, 22 Ox Hill Rd is sickened by the recent actions of Chelsea Garden and the City of Norwich and asked why the City would give money to a speculative project with zero private funding. He asked why the forest cutting is on both city and private land. He also asked to see the financial statements and asked why the information on City land was being kept secret. Don Archer, 11 Sylvia Lane felt that the recycling cans are hauled by a person and are getting damaged and the truck lifts the trash cans without damage. Joanne Philbrick, 10 Elm Ave, asked where the three missing Alderman were. She talked about the search for a City Manager, the RFP’s for the School Facilities Study and that more items get added and few seem to get cleared. She asked that priorities get set and to be prudent with the taxpayers monies. She also talked about Chelsea Gardens. Rodney Bowie, 62 Roosevelt Ave, agreed with the first speaker that the breathing apparatus are important but the funding should have been in the budget. He talked about taxes being too high and asked the Council to watch the spending and bring taxes down. Beryl Fishbone, 19 Bliss Place, spoke in favor of the Chelsea Gardens project and likes the idea but not the location she talked about the environmental impact on the wildlife and fauna by cutting down trees and disturbing the forest. She suggested using the old Mohegan Park Zoo to put the butterfly pavilion. She asked to hear more about the scientists and consultants that have been chosen. David Crabb, 47 Prospect St talked about the NFA speaker’s presentation at the previous meetings. Judy Magnano, 7 Harvard Terrace stated she didn’t realize that the Chelsea Gardens project used taxpayer’s money and stated it is overwhelming. She talked about deforestation, expired permits, environmental issues and other concerns. She stated she can’t find the Chelsea Gardens office and asked the Council to do their job and represent all the taxpayers of the city. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 20, 2015 Caroleen Frey, 9-11 Indian Hill Rd, stated the deforestation of the park is irresponsible. She also talked about due to the lack of funds the committee has she felt there is not enough public support to move this project forward. She stated it is environmentally reckless to destroy pristine forest and stated this is shameful. She asked the Council not to join the law suit. John Blackburn, 15 Alice St, stated he is upset with the Board of Education getting more budget money and using it to get pay raises. He asked the Council to revamp the budget system. Mayor Hinchey declared citizen comment closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE AMENDING ORDINANCE 1707 TO CHANGE THE NAME OF THE COMMISSION ESTABLISHED THEREIN Speaking in favor: Joanne Philbrick, 10 Elm Ave, a member of the committee, clarified that the name change better defines the committee. Speaking in opposition: David Crabb, 47 Prospect St, spoke in opposition because some disabilities are not stated. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE EXEMPTING SOUTHEASTERN REGIONAL ACTION COUNCIL, INC. FROM THE PAYMENT OF TAXES ON CERTAIN PROPERTY LOCATED AT 228 WEST TOWN STREET Speaking in favor: Angela Duhaime, 16 Roath St, talked about the mission of a non-profit organization and how citizens, students, hospitals, and police are offered classes and training. She asked the Council to support this ordinance. Speaking in opposition: Joanne Philbrick, 10 Elm Ave, talked about giving tax breaks to non-profit organizations and felt this is why Norwich is the social service capital of Southeastern Connecticut. She stated this is not a way to build the grand list. David Crabb, 47 Prospect St, questioned why this request is being presented after the budget process. He asked not to approve this ordinance. Rodney Bowie, 62 Roosevelt Ave, talked about that there are too many people coming to Norwich for services and felt that non-profits should pay their way. Samuel Browning, 671 Scotland Rd, talked about giving non-profit’s tax breaks and the city can’t afford the loss of revenue. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 20, 2015 There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for the second reading and action on AN ORDINANCE AMENDING ORDINANCE 1707 TO CHANGE THE NAME OF THE COMMISSION ESTABLISHED THEREIN Upon a motion Ald. Noblick, seconded by Ald. Bettencourt, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion Ald. Bettencourt, seconded by President Pro Tem Desaulniers, to adopt the following ordinance introduced by Mayor Hinchey. WHEREAS, Ordinance 1707 was adopted by the Council of the City of Norwich on October 20, 2014 and established a Commission for the Disabled; and WHEREAS, said Commission has met, organized, is in the process of adopting by-laws and has suggested to the Council of the City of Norwich that its title be changed to Commission for Persons with Disabilities as the new title will better represent the goals of the Commission to help people who have disabilities and experience disabilities. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Ordinance 1707 be amended to change the name of the Commission for the Disabled to the Commission for Persons with Disabilities and to change the text of said Ordinance as further set forth in the following: AN ORDINANCE ESTABLISHING A COMMISSION FOR THE DISABLED PERSONS WITH DISABILITIES NOW THEREFORE, BE IT ORDAINED, BY THE COUNCIL OF THE CITY OF NORWICH that the Code of Ordinances of the City of Norwich be amended by adding Article VII to Chapter 2 of the Code of Ordinances to include sections to be numbered 2-88 through 2-93 to read as follows: ARTICLE VII. COMMISSION FOR THE DISABLED PERSONS WITH DISABILITIES Sec. 2-88. Purpose. It is the purpose of this article to establish a Commission to advise the mayor and the Council of the City of Norwich of the needs of persons with disabilities within the Norwich community with relation to housing, employment, transportation, economics, health, recreation and other relevant matters consistent with the duties enumerated in Sec. 2-91. The Commission shall, in addition, recommend to the mayor and Council ways in which programs and services offered by the City of Norwich may be made more accessible to persons with disabilities and in which obstacles hindering employment and enjoyment of programs and services may be eliminated. Sec. 2-89. Created; members. The Norwich Commission for the Disabled Persons with Disabilities is hereby created and shall have its principal office in City Hall, Norwich, Connecticut, or such other place as may be designated, and shall consist of nine members; to include four members who are persons with disabilities, two members who are 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 20, 2015 relatives of one or more persons with disabilities or who regularly work with or provide services to one or more persons with disabilities, and three additional members. Members of the Commission, who all must be electors of the City of Norwich, shall be appointed by the Council, and shall serve for a term of 2 years, or until their successors shall be duly appointed. Sec. 2-90. Definitions. Unless the context requires otherwise, Commission means the Norwich Commission for the Disabled Persons with Disabilities Disability means any condition or characteristic that renders a person a “person with disabilities” as defined below. Person with disabilities means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. As used herein: (a) Physical or mental impairment means (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (2) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. This term includes, but is not limited to, however, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. (b) Major life activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (c) Has a record of such an impairment means has a history of, or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities. (d) Is regarded as having an impairment means (1) has a physical or mental impairment that does not substantially limit major life activities, but that is treated by the commission as constituting such a limitation; or (2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment. Sec. 2-91. Powers and Duties. The Norwich Commission for the Disabled Persons with Disabilities is hereby empowered to exercise all the duties as an advisory body consistent with its purpose as stated in Sec. 2-88 and as further set forth in this section. The duties of the Norwich Commission for the Disabled Persons with Disabilities shall be as follows: (a) To continuously study and analyze the needs of residents with disabilities in Norwich in order to maintain innovative approaches to their changing needs. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 20, 2015 (b) To foster understanding and respect for persons with disabilities. (c) To encourage participation of residents with disabilities in all aspects of community life. (d) To exchange information and cooperate with organizations in surrounding towns, and at the state and national level, as appropriate, in furtherance of its purpose, powers, and duties. (e) To advise the mayor and city council of the needs of persons with disabilities within the Norwich community with relation to housing, employment, transportation, economics, health, recreation and other relevant matters. (f) To report to the Mayor and Council on a regular basis including the filing of a written annual report on or before the first meeting of the Council in February of each year commencing in February, 2016 and continuing annually thereafter. Sec. 2-92 No Compensation. The members of the commission shall serve without compensation. Sec. 2-93 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. The above ordinance passed on a roll call vote of 4-0. Mayor Hinchey called for the second reading and action on AN ORDINANCE EXEMPTING SOUTHEASTERN REGIONAL ACTION COUNCIL, INC. FROM THE PAYMENT OF TAXES ON CERTAIN PROPERTY LOCATED AT 228 WEST TOWN STREET Upon a motion President Pro Tem Desaulniers, seconded Ald. Bettencourt, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion President Pro Tem Desaulniers, seconded by Ald. Noblick, to adopt the following ordinance introduced by Ald. Eyberse. Motion by Ald. Bettencourt, seconded by President Pro Tem Desaulniers to postpone until August 3, 2015 at 7:30 pm. WHEREAS, that certain property located at 228 West Town Street, Norwich, Connecticut was purchased by Southeastern Regional Action Council, Inc. on October 24, 2014 to be used for charitable purposes; and, WHEREAS, said property since October 24, 2014 has been used for charitable purposes by Southeastern Regional Action Council, Inc.; and, WHEREAS, said property would not be tax exempt on the Grand List of October 1, 2014; and, 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 20, 2015 WHEREAS, Connecticut General Statute Section 12-81(b) provides that any municipality may, by ordinance, provide that the property tax exemption authorized by any of subdivisions (7-16), inclusive, of section 12-81 shall be effective as of the date of acquisition of the property to which the exemption applies and shall, in such ordinance, provide procedure for reimbursement of the tax-exempt organization for any tax paid by it for a period subsequent to said date; and, WHEREAS, Connecticut General Statute Section 12-81(7) provides that real property, owned by any corporation organized exclusively for charitable purposes and used for charitable purposes, shall be exempt from taxation; and, WHEREAS, the annual real estate taxes for 228 West Town Street is $8,799.51; and, WHEREAS, Southeastern Regional Action Council, Inc., owned the property located at 228 West Town Street for a period of 24 days on the October 1, 2014 grand list; and, WHEREAS, the daily taxes for the property located at 228 West Town Street are $24.11; and, WHEREAS, Southeastern Regional Action Council, Inc. would be required to only pay $578.64; 24 days multiplied by $24.11. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that such property at 228 West Town Street be and hereby is exempted from the payment of any real estate taxes, interest or penalty due on the Grand List of October 1, 2014, for the period subsequent to October 24, 2014, or until said premises are no longer used by Southeastern Regional Action Council, Inc. for charitable purposes and Southeastern Regional Action Council, Inc. shall be required to only pay $578.64 on the Grand List of October 1, 2014. The above ordinance is postponed on a roll call vote of 3-1 with Ald. Noblick voting in opposition. A speech was given by Monica Haight, a Norwich Tech student, on “Leadership through My Eyes”. Mayor Hinchey acknowledged Anna Belliveau and thanked her for her community service. Upon a motion of Ald. Bettencourt, seconded by President Pro Tem Desaulniers, it was unanimously voted to receiving the by-laws from the Commission for Person with Disabilities. Acting City Manager Bilda provided his report as followed: Recreation On-line program Working on plan for both registration software Rec/Senior center City Clerk’s Office-State Library grant- Convert paper land 2/27/15 agreement signed $4000 records to electronic Work to begin after 7/1/15 Finance Develop interim Will begin working on this in financial reporting August 2015 format Human Resources Civic Plus HR-Enable on- 7/7/15 Start-up meeting line HR functions 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 20, 2015 Public Works Streets/Bridges Projects: Grant Entity-Purpose-Amount Tasks/Topics Comments/Update DOT-Sherman St Bridge-$5,400,000 Replace both Awarded in 2012 Project manager-Ellison/McLaughlin bridges at In engineering phase with intersection of construction anticipated to begin Sherman & 2017-18 Asylum Streets DOT-Sunnyside Bridge Historic Awarded in 2014 Project manager-Ellison/McLaughlin restoration of Construction anticipated to begin stone 2016-17 masonry bridge DOT – Pleasant Street Bridge -$1,134,400 Bridge deck Awarded in 2014 Project manager-Ellison/McLaughlin replacement Construction anticipated to begin 2016-17 DOT – Connecticut Avenue-$685,200 Repave CT Awarded in 2014 Project manager-McLaughlin Ave from W. Construction anticipated to begin this Town St. to summer Wisconsin Ave. Mayor Hinchey called for citizen comment on resolutions. There were no speakers. Mayor Hinchey declared citizen comment on resolutions was closed. Upon a motion of Ald. Bettencourt, seconded by President Pro Tem Desaulniers, it was unanimously voted to postpone the following resolution until August 3, 2015 at 7:30 pm introduced by Mayor Hinchey. WHEREAS, CGS §§ 10-76d(e)(5) and 10-76g(b) state that the treasurer, within 30 days after receiving necessary documentation from the Board of Education, shall credit the Board of Education’s special education expenditure account with Special Education Excess Cost Grant receipts to the extent that the Board of Education’s actual special education expenditures exceeds its budget for such expenditures and; WHEREAS, the Comptroller of the City of Norwich has accounting and control responsibilities referred to in Norwich City Charter Chapter IX, §3 and; WHEREAS, the City of Norwich budgeted $850,000 in Excess Cost Grant revenues for fiscal year 2014-15 and actually received $ 1,647,146 and; WHEREAS, the Board of Education has delivered necessary documentation to the Comptroller indicating that the actual special education expenditures for fiscal year 2014-15 were $_____ higher than the budget for such expenditures and; 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 20, 2015 WHEREAS, the Board of Education was able to offset $_____ of these additional special education costs through reductions in other line items. NOW, THEREFORE, BE IT ACKNOWLEDGED BY THE COUNCIL OF THE CITY OF NORWICH, that, in accordance with CGS§§ 10-76d(e)(5) and 10-76g(b), the Comptroller will credit $_____ of the Excess Cost Grant revenues to the Board of Education’s 2014-15 special education expenditures. Upon a motion by Ald. Noblick, second by Ald. Bettencourt, it was unanimously voted to go into Executive Session per CGS 1-200 (6) for the purpose of discussing strategies or negotiations with respect to collective bargaining, Acting City Manager John Bilda, Human Resources Director Brigid Marks, Comptroller Joshua Pothier, Chief of Police Louis Fusaro, Sr. and/or Deputy Chief of Police, Patrick Daley and Corporation Counsel Michael Driscoll, were asked to participate during all or portions of this Executive Session at the request of the City Council. The council was in Executive Session from 7:25 pm to 7:35 pm, at which time Mayor Hinchey, stated no votes were taken. Upon a motion of President Pro Tem Desaulniers, seconded by Ald. Noblick, it was unanimously voted to return to regular session. Upon a motion of President Pro Tem Desaulniers, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Acting City Manager Bilda. RESOLVED, that the proposed Agreement between the City of Norwich and United Public Service Employees Union (UPSEU/911 DISPATCHERS), covering the period between July 1, 2014 through June 30, 2017, be, and the same hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 4-474; and further, that the Acting City Manager, John Bilda, be, and hereby is, authorized and directed to execute the same in the name of the City. Upon a motion of Ald. Noblick, seconded by President Pro Tem Desaulniers, it was unanimously voted to adjourn at 7:36 pm. CITY CLERK 8