City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 A regular meeting of the Council of the City of Norwich was held October 19, 2015 at 6:30 PM in Council Chambers. Present: Mayor Hinchey, Aldermen Desaulniers, Noblick, Wilson, Eyberse, Bettencourt. Acting City Manager Bilda and Corporation Counsel Michael Driscoll were also in attendance. Ald. Nash arrived at 7:35 pm. Mayor Hinchey presided. Ald. Wilson read the opening prayer and Ald. Noblick led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. Patricia Kucharski, 141 St. Regis Ave, read a letter to the Council asking the Council to allocate funds to correct the inadequate culvert system on St. Regis Ave. Christine Kaiser, 89 St. Regis Ave, continued reading the letter from the previous speaker. David Crabb, 47 Prospect St, talked about tax increases and a need for a vision for meeting the city budgets seeing Norwich has a two tax system. Irene Schienberg, 12 Jones Ct, stated she was puzzled with how the property is being re-zoned commercial. She asked who is coming to Norwich to buy commercial property. She thought that a business plan needs to be made and asked what are the market shares in commercial areas. Joanne Philbrick, 10 Elm Ave, thanked Josh and Tony for their help retrieving the following information; a memo dated 8-15-2015 indicated that from 1998-2011, $262,949 have been payments made by the City of Norwich to Chelsea Gardens and asked for an explanation. She also asked why the address for Chelsea Garden is still City Hall. Samuel Browning, 671 Scotland Rd, addressed the Charter changes on the ballot especially question #7 and asked that it be voted down. Rodney Bowie, 62 Roosevelt Ave, felt that in this deflated economy getting a 2% raise was substantial. He stated he got cited by the building official for not getting a permit for work he did on one of his apartments and thought this wasn’t right. Mike Richards, 27 Pleasant St, asked for better access to rivers and streams for fisherman and thought Norwich should use this resource to boost our economy. Natalie Lee, 270 Broadway, stated that the Building Department is incorrect holding her up from getting her certificate of occupancy for her special permit for a bed and breakfast. Brian Kobylarz, 16 Hobart St, gave an update on the impact that the soup kitchen has in his neighborhood and how the number of sex offenders has doubled. He asked to reverse this trend in Norwich. Mayor Hinchey declared citizen comment closed 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Mayor Hinchey read the following proclamation: PROCLAMATION WHEREAS, communities across America have been plagued by the numerous problems associated with illicit drug use and those that traffic in them, and WHEREAS, there is hope in winning the war on drugs and that hope lies in education and drug demand reduction, coupled with the hard work and determination of organizations such as the Young Marines of the Marine Corps League to foster a healthy, drug-free lifestyle, and WHEREAS, governments and community leaders know that citizen support is one of the most effective tools in the effort to reduce the use of illicit drugs in our communities, and WHEREAS, the red ribbon has been chosen as a symbol commemorating the work of Enrique "Kiki" Camarena, a Drug Enforcement Administration agent who was murdered in the line of duty and represents the belief that one person can make a difference, and WHEREAS, the Red Ribbon Campaign was established by Congress in 1988 to encourage a drug-free lifestyle and involvement in drug prevention and reduction efforts, and WHEREAS, October 23-October 31, 2015 has been designated National Red Ribbon Week, which encourages Americans to wear a red ribbon to show their support for a drug-free environment, and WHEREAS, the youth of the City of Norwich and its surrounding communities are committed to living a drug, alcohol and tobacco free life style. NOW THEREFORE, I, MAYOR DEBEREY HINCHEY AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, PETE DESAULNIERS, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby do hereby proclaim October 23-31, 2015 as Red Ribbon Week in the City of Norwich and urge all citizens to join me in this special observance. Dated this Nineteenth Day of October, 2015 Deberey Hinchey Pete Desaulniers Mayor President Pro Tem Mayor Hinchey opened the public hearing. Mayor Hinchey asked the Clerk if the appropriate entities were noticed by certified mail: the Clerk stated they were. Mayor Hinchey asked the clerk to read into the record the referral from the Commission on the City Plan. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 City Clerk read the referral from the Commission on the City Plan: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Mayor Hinchey asked the clerk to read into the record the correspondence from Capital Commercial Properties Inc. City Clerk read the correspondent from Capital Commercial Properties Inc: : Mayor Hinchey asked the clerk to read into the record correspondence from the CT Dept of Energy & Environmental Protection. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 City Clerk read the correspondence from the CT Dept of Energy & Environmental Protection: 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Mayor Hinchey asked the clerk to read into the record the correspondence from the Southeastern Council of Governments. City Clerk read the correspondence from the Southeastern Council of Governments: 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Mayor Hinchey called for a Public Hearing on AN ORDINANCE AMENDING APPENDIX A, ZONING, CHAPTERS 1-20 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH CONCERNING REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION OF BUILDINGS AND STRUCTURES; REGULATING AND RESTRICTING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER PLACES SURROUNDING THEM; REGULATING AND RESTRICTING THE DENSITY OF POPULATION; DIVIDING THE CITY OF NORWICH FOR SUCH PURPOSES; ADOPTING MAPS OF SAID CITY SHOWING THE BOUNDARIES AND THE CLASSIFICATION OF SUCH DISTRICTS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Speaking in favor: Joanne Philbrick, 10 Elm Ave, stated she was conflicted with this ordinance. She asked why the three minutes were waived and why the letters of supporters were admitted and read into the record. She stated that the average person doesn’t know what the hearing is about and said she was for some of the changes but not for all. She felt the public should be better educated on these issues. Gabriel Stern, Estate of Phyllis Stern, 509 New London Tpke, 505-507 NLT, 511 NLT, 515 NLT and 12 Salem Tpke submitted a letter in support of the Zoning Regulations with respect to the southwest corner of NLT and Salem Tpke zoning changes in the East Great Plain areas to put these properties in a commercial zone. Eric Beit, 81 Vergason Ave & 546 New London Tpke (owner), asked if there were any long term plans to replenish affordable housing stock if these zone changes were to happen in the East Great Plain area. He stated there are 19th century homes in this area and how is the City going to preserve them. He stated they should preserve these homes so they won’t be lost to commercial boxes. Brian Kobylarz, 16 Hobart Ave, stated this was a wise and good plan. He talked about home based business and the wording difference: section 6.1.1 Home Office/Studio “no persons other than members of the family are employed” and would like to see to non-related people be able to create a business together and make accommodations for a startup business. He addressed section 6.1.2.2.1 Minor Home Occupation (old code section 3.1.4)., which states “Be conducted entirely within the principal dwelling by the resident occupant” and asked about the definition of done “entirely” as it relates to this text. He also touched on section 6.1.2.2.6 “not include the keeping of stock in trade nor sale or rental of any goods not produced within the premises” and asked if rental items can be kept on your premises within your own property. He also asked for a definition of “where authorize” and questioned if home occupation permits/dba’s have to register with the State of Connecticut. Speaking in opposition: David Crabb, 47 Prospect St, talked about two changes and a consideration. He stated that the format was not friendly and that like sections and topics should use the same numerals for uniformity (ex. subsection, sub-sub section, etc.). He felt that zoning needs to preserve revenue-generating property. He thought zoning needs to address non-profit businesses and their location to other businesses. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey opens the second public hearing. Mayor Hinchey asked the clerk to read into the record the referral from the Commission on the City Plan. City Clerk read the referral from the Commission on the City Plan: 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Mayor Hinchey asked the clerk to read into the record the correspondent from the Capital Commercial Properties Inc. City Clerk read the correspondent from Capital Commercial Properties Inc.: 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Mayor Hinchey asked the clerk to read into the record the correspondent from the CT Dept. of Energy & Environmental Protection. City Clerk read the correspondence from the Ct Dept of Energy & Environmental Protection: 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Mayor Hinchey asked the clerk to read into the record the correspondent from the Southeastern Council of Governments. City Clerk read the correspondence from Southeastern Council of Governments: 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Mayor Hinchey called for a Public Hearing on AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF NORWICH ACCOMPANYING THE ZONING ORDINANCE OF THE CITY OF NORWICH BY CHANGING THE ZONING DESIGNATION OF TRACTS OR PARCELS OF LAND WITHIN THE CITY OF NORWICH. Speaking in favor: Gabriel Stern, Estate of Phyllis Stern, 509 New London Tpke, reiterated his previous statement from the first public hearing in support of the Zoning Regulation with respect to the zoning changes in the East Great Plain area. 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Speaking in opposition: David Crabb, 47 Prospect St stated that zoning map 20 has a single lot and while Chelsea Gardens has been in the works for 20 years and still isn’t on the map. He wondered how the State would react about public roads not being addressed in zoning. He also talked about the City micromanaging funds. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey asked Corporation Counsel to explain why the three minute rule was lifted. He cited the case O’ Meara vs the City of Norwich which defines the role of the Council when it is acting as the Zoning Commission which is different from the Council acting as a government body. He stated both sides have an opportunity to present factual information and opinions to some degree as to why the zone or zoning change should or should not be a benefit. He stated since you are making a case you can submit expert testimony, both sides have no restriction on the amount of time when addressing these issues in the hearing. Mayor Hinchey called for second reading and action on the proposed ordinances listed below from September 8, 2015. Upon a motion President Pro Tem Desaulniers, seconded Ald. Wilson, 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. Eyberse, to adopt the following ordinance introduced by Mayor Hinchey. AN ORDINANCE AMENDING APPENDIX A, ZONING, CHAPTERS 1-20 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH CONCERNING REGULATING AND RESTRICTING THE USE OF LAND AND THE USE AND LOCATION OF BUILDINGS AND STRUCTURES; REGULATING AND RESTRICTING THE HEIGHT AND BULK OF BUILDINGS AND STRUCTURES AND DETERMINING THE AREA OF YARDS, COURTS AND OTHER PLACES SURROUNDING THEM; REGULATING AND RESTRICTING THE DENSITY OF POPULATION; DIVIDING THE CITY OF NORWICH FOR SUCH PURPOSES; ADOPTING MAPS OF SAID CITY SHOWING THE BOUNDARIES AND THE CLASSIFICATION OF SUCH DISTRICTS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: Chapters 1-20 of Appendix A, Zoning, are amended to read as follows: Copies are available for inspection upon request at the Planning and Neighborhood Services Department, 23 Union Street; the Office of the City Clerk at City Hall, 100 Broadway; as well as on the City of Norwich web site: “www.norwichct.org” under a search for “Comprehensive Plan Update Project” or by pasting the following address into the browser: “ http://ct-norwich.civicplus.com/index.aspx?nid=678 .” FURTHERMORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT this ordinance shall become effective ten days after publication. 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 The above ordinance passed on a roll call vote of 6-1 with Ald. Nash voting in opposition. Mayor Hinchey called for second reading and action on the proposed ordinances listed below from September 8, 2015. Upon a motion President Pro Tem Desaulniers, seconded Ald. Noblick, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion by Ald. Noblick, seconded by Ald. Wilson, to adopt the following ordinance introduced by Mayor Hinchey. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF NORWICH ACCOMPANYING THE ZONING ORDINANCE OF THE CITY OF NORWICH BY CHANGING THE ZONING DESIGNATION OF TRACTS OR PARCELS OF LAND WITHIN THE CITY OF NORWICH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: that the “Zoning Map of the City of Norwich” is amended as follows: Copies are available for inspection upon request at the Planning and Neighborhood Services Department, 23 Union Street; the Office of the City Clerk at City Hall, 100 Broadway; as well as on the City of Norwich web site: “www.norwichct.org” under a search for “Comprehensive Plan Update Project” or by pasting the following address into the browser: “ http://ct-norwich.civicplus.com/index.aspx?nid=678 .” FURTHERMORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT this ordinance shall become effective ten days after publication. The above ordinance passed on a roll call vote of 6-1 with Ald. Nash voting in opposition. Mayor Hinchey explained the availability of informational material for the Charter questions that will be on the November 3, 2015 municipal ballot. Upon a motion of Ald. Noblick, seconded by Ald. Wilson, it was unanimously voted to accept the report from the Commission on the City Plan. Upon a motion of President Pro Tem Desaulniers, seconded by Ald. Noblick, it was unanimously voted to accept the report from the Capital Commercial Properties Inc. Upon a motion of Ald. Bettencourt, seconded by Ald. Wilson, it was unanimously voted to accept the letter of resignation for James Sullivan thanking him for his service. Acting City Manager Bilda provided his report as follows: 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 City Manager’s Report Date: October 19, 2015 Major Pending Items City-wide/City Manager: Tasks/Topics Staff Comments/Update Responsible City Leadership Team Meetings CM On-going-Meetings scheduled for 2nd and 4th Tuesday of each month First one held 3/10/15 Meetings continue to be held CM/Fire Chief Meetings CM On-going. Bi-weekly meetings scheduled Kerri Kemp Quarterly City Hall Union Employee- CM On-going Management review team HR Director Grant Proposal Task Force CM To develop a strategy that ensures that grant proposals focus Gary on achieving outcomes associated with the strategic plan Peter D. 4/13/15 Initial meeting held Barry Mayor Jason V. Wagsys Implementation Sandra Kutcha Still on Track - Began “live” scenario testing for building permit Gary applications and blight issue tracking. Anticipated in-field usage November 2015. Eagle Scout Project-Taylor Stevens PW (Pat) 7/1/2015 Zoning & Building permits issued Rec Scout coordinating site work with PW-site work began 8-24- 15; 10-1-2015 concrete slab in-place and lumber on-site; Estimated completion spring 2016. Phone System Replacement Leon Building wiring in progress - Atrion awarded contract-began Josh 6/7/15; equipment on order, systems diagrammed and telecommunication providers have been identified based on need. Community Center Exploration CM Council Res. 2014-10-06 CM office to provide support Committee Final report due to Council by July 2015 2015-07-06 Res. to extend report due date to 10/5/15 – REPORTED OUT 9-8-2015 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Completed: Tasks/Topics Staff Responsible Comments/Update Fountain Street Developer CM 2015-02-17 Res. directs committee to monitor progress and Agreement Committee report to Council in August 2015 Extension requested to report in September – Reporting to Council 10-5-2015 105-122 Chestnut Street CM 2015-03-02 Res auth Committee to oversee and report to Developer Agreement Committee Council by first mtg of August 2015 Extension requested to report in September – Reporting to Council 10-5-2015 EPA-Shipping St/Chestnut Petroleum & Debrief held 8/21/15 St/Ponemah Mills - $400,000 hazardous substance assessment Targeted Attention Team CM, Police, Building, As of 10-2-2015 16 property owners have been contacted Blight, PW, Fire regarding blight concerns, 14 received initial letters of non- Marshall compliance, 79% of owners have complied (3 have been cited). Sofee Staff safety training planning Chief Fusaro 8/13/15 - training conducted Chief Scandariato Make-up session to be scheduled CM Grants: Department/Grant Entity-Purpose- Tasks/Topics Comments/Update Amount DSS-Senior Center - $690,000 Renovations -roofing, 9/2014 - awarded. Project is 75% complete - Project Manager - Patrick McLaughlin HVAC, flooring, roof completed with parking/paving est. Spring painting, parking lot 2016 completion DECD-Uncas Leap - $270,000 Environmental Engineering contract issued Project Manager - Jeanne Kurasz assessment & testing DECD-Shipping St/Terminal Way - Environmental On schedule $200,000 assessments Project Manager - Peter Davis/Gary Evans Grants, Continued: Department/Grant Entity-Purpose- Tasks/Topics Comments/Update Amount DECD Historic Restoration Fund-City Hall - Flooring repair/ Re-bid in process in order to meet State $90,000 replacement requirements Project Manager - Pat McLaughlin DECD-26 Shipping St - $200,000 Assessment/ 4/14/15 Application submitted remediation 5/20/15 DECD interview Grant successful - grant agreement under negotiation and to be signed 19  JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Department Initiatives: Department/Grant Tasks/Topics Comments/Update Entity-Purpose-Amount Recreation On-line program registration Working on plan for both Rec/Senior center; software Software vendor selected, and training scheduled; anticipated implementation October 2015 Finance Develop interim financial Completed as of 10-1-2015 reporting format Human Resources Civic Plus HR-Enable on-line Effective October 1, 2015 we are now accepting online HR functions employment applications in addition to paper employment applications. Effective January 1, 2016 the City will move to accept only online job applications. Public Works Streets/Bridges Projects: Grant Entity-Purpose-Amount Tasks/Topics Comments/Update DOT-Sherman St Bridge-$5,400,000 Replace both bridges at Awarded in 2012 Project manager-Ellison/McLaughlin intersection of Sherman & In engineering phase with construction Asylum Streets anticipated to begin 2017-18 DOT-Sunnyside Bridge Historic restoration of Awarded in 2014 Project manager-Ellison/McLaughlin stone masonry bridge Construction anticipated to begin 2016-17 DOT – Pleasant Street Bridge -$1,134,400 Bridge deck replacement Awarded in 2014 Project manager-Ellison/McLaughlin Construction anticipated to begin 2016-17 DOT – Connecticut Avenue-$685,200 Repave CT Ave from W. Contract award Oct 20th Project manager-McLaughlin Town St. to Wisconsin Ave. Property Disposition by Resolution: Tasks/Topics Staff Responsible Comments/Update 13 ½-15 Town Street CM, Corp Counsel, Council Res. 2015-07-06 List Agent 6/28/15 List agreement signed 5 Belval St, 20 Hunters Rd CM, Corp Counsel, Council res. 2015-05-04 List w/agent Ext, 82 Old Division St Agent 6/19/15 List agreements signed 20R Julian St CM, Corp Counsel Council Res. 2015-05-04 List w/agent On hold pending Corp. Counsel review 130 Prospect Street CM, Corp Counsel, Agent 8/4/15 Demo complete PWCIC asked agent to reach out to abutters 4/9/15- List agreement signed, need Res. to list 34 Lake Street CM, Corp Counsel, Agent Council Res. 2015-02-02 Enter into listing agreement to sell 4/9/15 List agreement signed 8/16/15-Agent reports possible offer pending 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 100 Broad Street #103 CM, Corp Counsel, Agent Council Res. 2015-02-02 Enter into listing agreement to sell 4/9/15 List Agreement signed Price reduced 8/13/15-offer received, need Res. for Council approval 13 Baltic Street CM, Corp Counsel Council Res. 2015-02-02 Enter into listing agreement to sell Bank foreclosing-not listing at this time 59-61 School Street Committee, CM, Corp 2015-08-03 Council Res. developer chosen, Auth CM to sign Counsel developer agreement, Committee to draft developer agreement for 10-5-2015 Council Agenda Mayor Hinchey called for citizen comment on resolutions. Brian Curtin, 148 Broad St, spoke on resolution #4 and stated he sat on the Council when this project was adopted and in the spirit of this project respectfully asked the Council to forgive the debt. David Crabb, 47 Prospect St, asked on resolution # 4 to write off the debt at this time, on resolution # 6 stated that other funds (grants) should be used and on resolution #7 he asked when this company would leave due to additional taxes. Rodney Bowie, 62 Roosevelt Ave, spoke on resolution # 6 and thought these funds should be used for something else besides planning and asked where the funds were coming from. Greg Grippo, 209 Boswell Ave, was disturbed that the agenda item #1 wasn’t accurate to the resolution and asked for a more detailed on-line agenda. He pointed out an inaccuracy in the September 21st minutes where he spoke against resolution #2 and in the public comment section of the minutes it read “and felt a ‘certain person’ shouldn’t be appointed” he felt the “person’s name” should have been stated. Mayor Hinchey declared citizen comment on resolutions was closed. Upon a motion of Ald. Nash, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Desaulniers, Ald. Noblick and Eyberse. BE IT RESOLVED that the below named be appointed as regular member of the Mohegan Park Improvement and Development Advisory Committee with a term to expire on December 31, 2016 or until a successor is appointed: Judith Magnano (D) Upon a motion of Ald. Wilson, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Desaulniers, Ald. Noblick and Eyberse. 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 BE IT RESOLVED that the below named be appointed as a regular member of the Norwich Ice Arena Authority with a term to expire on April 01, 2017 or until a successor is appointed: Tina Dempsey (U) Upon a motion of Ald. Wilson, seconded by President Pro Tem Desaulniers, it was unanimously voted to adopt the following resolution and schedule a public hearing November 2, 2015 at 7:30 pm introduced by Mayor Hinchey. WHEREAS, there is the availability of $110,000 in recaptured Community Development Block Grant (CDBG) funds from previous years’ allocations; and WHEREAS, a request for proposals was published in the Norwich Bulletin and on the City website on September 17, 2015 with a response date of October 13, 2015 in order to solicit applicants for this available funding; and WHEREAS, the Community Development Advisory Committee (CDAC) will hold a public meeting on October 20, 2015 in order to make a recommendation to the Council of the City of Norwich regarding the applications listed below; and WHEREAS, a substantial amendment to the Annual Action Plan is subject to a 30-day comment period prior to being placed into effect and the Council of the City of Norwich must hold a public hearing prior to the final vote on the amendment, the recommendations and the allocation; and WHEREAS, notice of a public hearing before the Council regarding the allocation will be published and the public hearing will be held on November 2, 2015 at 7:30 pm in Council Chambers. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council shall and hereby does schedule a public hearing to be held at the November 2, 2015 Council meeting on the subject of Community Development Block Grant recaptured funds allocation recommendations for PY 2015. Upon a motion of Ald. Nash, seconded by Ald. Eyberse it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. WHEREAS, the Best Production Co., Inc. is a non-profit corporation operating a theater at 24 Chestnut Street, Norwich, Connecticut now known as the Chestnut Street Playhouse; and WHEREAS, the City of Norwich and the Best Production Co., Inc. had entered into a Lease to Purchase Agreement dated September 28, 1999 which provided that the Best Production Co., Inc. was to purchase said property from the City of Norwich for a price of $100,000 to be paid in installments; and WHEREAS, the Best Production Co., Inc. made payments to the City of Norwich towards the total purchase price and requested the city transfer the property to it before the full price was paid and accept a mortgage in favor of the City of Norwich to secure the $60,000 then owed on the purchase price, which arrangement the City of Norwich accepted; and 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 WHEREAS, as of October 13, 2009 the City of Norwich was owed $45,800; and WHEREAS, the Council of the City of Norwich by resolution adopted October 20, 2009 authorized the city manager to negotiate and to execute a mortgage modification agreement with the Best Production Co., Inc. deferring a lump sum payment of $5,000 then owed to the end of the mortgage term; and WHEREAS, the Best Production Co., Inc. requests a further mortgage modification agreement; and WHEREAS, the principal balance on the note secured by the mortgage is $31,000 as of October 1, 2015; and WHEREAS, the Best Production Co., Inc. proposes to make a payment of $8,000 towards this balance on or before October 19, 2015 and to make subsequent annual payments on or before October 1st of each succeeding year pursuant to the schedule attached hereto in Exhibit “A”, which modification the Council finds to be in the best interest of the City of Norwich. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that Acting City Manager, John Bilda, be and hereby is authorized and directed to execute a mortgage modification agreement satisfactory to him but substantially incorporating the terms of Exhibit “A” attached hereto with the Best Production Co., Inc., if it has made a payment in the sum of $8,000 towards its obligation to the City of Norwich on or before October 19, 2015. 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of this ____ day of October, 2015. Signed, Sealed and Delivered in the Presence of: THE CITY OF NORWICH By John Bilda Acting City Manager BORROWER: BEST PRODUCTION COMPANY, INC. By Its President STATE OF CONNECTICUT : : ss. at Norwich COUNTY OF NEW LONDON : On this the _____ day of October, 2015, personally appeared, John Bilda, who acknowledged himself to be the Acting City Manager of the City of Norwich, and who acknowledged that as such he subscribed the foregoing instrument for the purposes therein contained, as his free act and deed and the free act and deed of said City, before me. Commissioner of the Superior Court Notary Public My Commission Expires 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Upon a motion of Ald. Nash, seconded by Ald. Wilson, it was voted to put the following resolution on the floor introduced by Mayor Hinchey. WHEREAS, the Council of the City of Norwich by resolution adopted October 6, 2014 formed the Community Center Exploration Committee to perform a comprehensive review of the need for and benefits of a community center in Norwich; and WHEREAS, On November 17, 2014 the Council appointed members to the Community Center Exploration Committee and requested that it submit a written report expressing its recommendations to the Council on or before the first meeting of the Council in July of 2015; and WHEREAS, On July 6, 2015 the Council accepted a letter from the Chairman of the Community Center Exploration Committee requesting an extension of time with respect to its reports, which request the Council approved; and WHEREAS, on September 21, 2015 the Community Center Exploration Committee presented a report, making various recommendations including a recommendation that the Community Center Exploration Committee remain intact and available to reconvene to address issues which may arise with respect to any proposals regarding a community center; and WHEREAS, the Council finds the Community Center Exploration Committee has been and can continue to be a valuable resource to the Council but wishes to set a termination date so that the Committee does not have perpetual existence. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Community Center Exploration Committee remain an active committee of the City of Norwich through November 1, 2016, unless said termination date is extended, to continue to provide recommendations with respect to a community center in Norwich with all of the current members of said Committee to remain members; AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that William Eyberse be and hereby appointed a member of the Community Center Exploration Committee to fill an existing vacancy. 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 Ald. Eyberse recused himself, the motion passed with 6 votes. Upon a motion of Ald. Bettencourt, seconded by Ald. Wilson, it was unanimously voted to put the following resolution on the floor introduced by Mayor Hinchey. Motion passed on a vote of 6-1 with Ald. Noblick voting in opposition. Upon a motion of Ald. Wilson, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. WHEREAS, on May 28, 2013, the City of Norwich entered into a contract with Tax Management Associates, Inc. (“TMA”) to conduct audits of commercial personal property tax accounts; and WHEREAS, pursuant to this contract, TMA is compensated with a fee equal to 25% of the taxes, penalties, and interest collected for discoveries resulting from each audit performed by TMA; and 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 19, 2015 WHEREAS, as of June 30, 2015, as a result of audits performed by TMA, the City of Norwich had collected $92,624 in additional taxes, interest, and penalties in excess of its original personal property tax billings, with a 25% fee to TMA of $23,156; and WHEREAS, in October 2015, TMA completed an audit of Computer Sciences Corporation (“CSC”) for grand list years 2010, 2011, and 2012; and WHEREAS, the taxes, interest, and penalties resulting from the audit of CSC totaled $1,099,772, with a 25% fee to TMA of $274,943; and NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, $274,943 be and hereby is appropriated from General Fund Contingency account 01090-80086 for the purpose of paying the audit fee of TMA upon collection of the taxes, penalties, and interest from CSC. Upon a motion by Ald. Noblick, second by Ald. Nash, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200(6), for the purpose of discussing the strategy and negotiations with respect union issues. Comptroller Joshua Pothier, Deputy Comptroller Tony Merida, Director of Human Recourses Brigid Marks, Acting City Manager John Bilda and Corporation Counsel, Michael Driscoll, shall be 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 8:45 pm to 8:57 pm, at which time Mayor Hinchey, stated no votes were taken. Upon a motion of Ald. Noblick, seconded by Ald. Wilson, it was unanimously voted to return to regular session. Upon a motion of President Pro Tem Desaulniers, seconded by Ald. Wilson, it was to put the following resolution on the floor introduced by Acting City Manager Bilda. RESOLVED, that the proposed Agreement between the City of Norwich, Connecticut and Council 4, AFSCME Local 2422 (City Hall Workers), covering the period between July 1, 2015 and June 30, 2018, be, and hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 7-474, and be it further resolved, that the Acting City Manager, John Bilda, be, and hereby is, authorized and directed to execute the same in the name of the City. Ald. Eyberse recusing himself motion passes with 6 votes. Upon a motion of Ald. Bettencourt, seconded by Ald. Noblick, it was unanimously voted to adjourn at 7:36 pm. CITY CLERK 28