City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 A regular meeting of the Council of the City of Norwich was held November 16, 2015 at 6:30 PM in Council Chambers. Present: Mayor Hinchey, Aldermen Desaulniers, Noblick, Wilson, Eyberse, Bettencourt, Nash. Corporation Counsel Michael Driscoll was also in attendance. Acting City Manager Bilda was absent due to being out of town. Mayor Hinchey presided. Mayor Hinchey called for a moment of remembrance for the people in France. Ald. Eyberse read the opening prayer and Ald. Nash led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. David Crabb, 47 Prospect St, talked about how property values affect municipalities which in turn affect people. John Blackburn, 15 Alice St, stated he was disappointed by the lack of support for the Veterans ceremony in Veterans Park and at the NFA football game. Brain Kobylarz, 16 Hobart Ave stated that in the Norwich resource guide there were typo’s and web site errors that he hope would be corrected. Mayor Hinchey declared citizen comment closed Mayor Hinchey called for a Public Hearing on AN ORDINANCE INCREASING THE APPROPRIATION FROM $5,500,000 TO $6,000,000 FOR IMPROVEMENT TO THE DEEP RIVER RESERVOIR, INCREASING THE AUTHORIZATION FROM $5,500,000 TO $6,000,000 FOR THE ISSUANCE OF REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO, AND REPEALING PRIOR ORDINANCES Nos. 1700 and 1701 FINANCING DEEP RIVER RESERVOIR IMPROVEMENTS AND CONSOLIDATING AND EXPANDING THOSE IMPROVEMENTS WITHIN ONE ORDINANCE HEREIN (The Purpose of the Ordinance is to increase the appropriation and revenue bond authorization from $5,500,000 to $6,000,000 for the Deep River Reservoir project) Speaking in favor: Chris LaRose, Norwich Public Utilities, stated this ordinance is to replace the water line, tank and pumps dry system and all that remains is to replace and enhance a short section of pipe that needs to be relined. The project was more complex than originally thought. He stated that the project will not increase the water rates for citizens. Speaking in opposition: David Crabb, 47 Prospect St, stated that this is a lot of money to invest into these projects through bonding and suggested that the Public Utilities Commissioners Board should be authorized to borrow this money using their equity. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE APPROPRIATING $6,100,000 FOR IMPROVEMENT TO THE STONY BROOK NORTH AND SOUTH TRANSMISSION MAIN, INCLUDING THE INSTALLATION OF A MICRO TURBINE, AUTHORIZING THE ISSUANCE OF $6,100,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO, AND REPEALING PRIOR ORDINANCES Nos. 1680 and 1681 FINANCING THE STONY BROOK TRANSMISSION MAIN AND CONSOLIDATING AND EXPANDING THOSE IMPROVEMENTS WITHIN ONE ORDINANCE HEREIN (The Purpose of the Ordinance is to appropriate and authorize revenue bonds in the amount of $6,100,000 for the Stony Brook North and South Transmission Main project, to repeal prior Ordinance Nos. 1680 and 1681, and to consolidate and expand the improvements in those Ordinances into one Ordinance) Speaking in favor: Chris LaRose, Norwich Public Utilities stated that originally the Department of Health suggested they break-up this bond into two separate projects. He stated working with two contractors on one project was difficult and the Department of Health then asked NPU to re-combine the project which will make them more efficient. Due to more wetland issues and gaining access in these areas the costs have gone up and it is critical to re-line this 1930’s pipe for reliability and water quality. He stated that the project will not increase the water rates for citizens. John Blackburn, 15 Alice St stated since it is not going to impact the rates of users he stated that if the funding is there use it. Speaking in opposition: David Crabb, 47 Prospect St talked about the “law of diminishing returns” in which you get less for your money. He suggested this become a revenue bond and that the Public Utilities Commissioners Board be authorized to borrow this money using their equity. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH Speaking in favor: David Crabb, 47 Prospect St stated the language unifies the volunteers and should include all enterprise funds. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 Speaking in opposition: No one spoke There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE AMENDING NORWICH CODE OF ORDINANCES SECTION 7-26 – “TAX ABATEMENT FOR VOLUNTEER FIREFIGHTERS” Speaking in favor: No one spoke Speaking in opposition: No one spoke There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for second reading and action on the proposed ordinances listed below: 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 Ald. Noblick, seconded by Ald. Wilson, to adopt the following ordinance introduced by Mayor Hinchey. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 The above ordinance passed on a roll call vote of 7-0. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 Mayor Hinchey called for second reading and action on the proposed ordinances listed below: Upon a motion President Pro Tem Desaulniers, seconded Ald. Eyberse, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion Ald. Wilson, seconded by Ald. Eyberse, to adopt the following ordinance introduced by Mayor Hinchey. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 The above ordinance passed on a roll call vote of 7-0. Mayor Hinchey called for second reading and action on the proposed ordinances listed below: Upon a motion Ald. Nash, seconded Ald. Noblick, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion Ald. Nash, seconded by Ald. Noblick, to adopt the following ordinance introduced by Mayor Hinchey. 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH WHEREAS, pursuant to Connecticut Public Act 86-97, the Council of the City of Norwich adopted Ord. No. 1120 on June 1, 1987 to create a special tax district for the purpose of creating a volunteer firefighters’ relief fund plan (“Plan”) and adopted Ord. No. 1129 on November 9, 1987 which created the Plan effective January 1, 1988. The Plan has been revised and amended as follows: Ord. No. 1305 on March 6, 1995 Ord. No. 1443 on January 8, 2001 Ord. No. 1547 on July 17, 2006 Ord. No. 1648 on January 3, 2011 Ord. No. 1711 on January 5, 2015 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that the current language contained in Article IV of Chapter 8 of the Code of Ordinances of the City of Norwich be amended in its entirety and replaced by the new Article IV as hereinafter set forth. Article IV. Volunteer Firefighters 8-71 Volunteer firefighters’ relief fund plan Pursuant to Connecticut Public Act 86-97, the Council of the City of Norwich adopted Ord. No. 1120 on June 1, 1987 to create a special tax district for the purpose of creating a volunteer firefighters’ relief fund plan and adopted Ord. No. 1129 on November 9, 1987 which created the volunteer firefighters’ relief fund plan effective January 1, 1988. The Plan codified in §§ 8-71 through 8-89 has been revised and amended as follows: Ord. No. 1305 on March 6, 1995 Ord. No. 1443 on January 8, 2001 Ord. No. 1547 on July 17, 2006 Ord. No. 1648 on January 3, 2011 Ord. No. 1711 on January 5, 2015 8-72 Definitions When used in §§ 8-71 through 8-89, the following terms have the meanings set forth below unless a different meaning is plainly required by the text. a) Active Member – A member of any Department who meets the call and training requirements enumerated in § 8-74. b) Anniversary Date – January 1 of each Plan Year. c) Beneficiary – Any one or more individual, trust, estate, or other recipient designated to receive death benefits payable hereunder, on either a primary or contingent basis. d) Break in Service – Failure of a volunteer to earn Credited Service during a Plan Year. e) Cadet – An Active Member who is aged 16 or 17. f) City – The City of Norwich in the State of Connecticut. g) Committee – The Volunteer Firefighters’ Relief Fund Committee. h) Credited Interest – Interest on Plan Member’s contributions calculated at the following rates: • Calculations for refunds or repayments of contributions prior to January 3, 2011 - 5% from the end of the year of deposit per annum compounded annually. 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 • Calculations for refunds or repayments of contributions on or after January 3, 2011 - 3% per annum compounded monthly. i) Credited Service – All years for which a Plan Member has earned and purchased credited service time. j) Departments – The following individual volunteer fire departments: East Great Plain, Laurel Hill, Occum, Taftville, and Yantic. k) Department-related Injury – An injury sustained in the course of performing Fire Duties for one of the Departments. l) District – The Town Consolidation District, as described in Chapter II, § 2 of the Charter of the City of Norwich m) Fire Duties – Shall have the same meaning as set out in Connecticut General Statutes §§ 7-308, 7-314, and 7- 314a and judicial and administrative decisions interpreting the same. n) Fiscal Year – Each 12-month period ending on June 30. o) Fund – The Volunteer Firefighters’ Relief Fund p) Plan – The Volunteer Firefighters’ Relief Fund Plan, as codified in §§ 8-71 through 8-89 q) Plan Member – An Active Member who has purchased one or more years of Credited Service. r) Plan Year – Each 12-month period ending on December 31. s) Qualified Spouse - A spouse who had been married to the deceased Plan Member for at least two consecutive years immediately prior to his/her death t) Retired Member – A Plan Member who is receiving retirement benefits 8-73 Eligibility for participation a) Becoming a Plan Member – An Active Members who has at least 12 months of continuous volunteer service as of the Anniversary Date may apply to be a Plan Member. Such application shall be completed under time and format prescribed by the Committee and shall be certified by the chief of the Plan Member’s Department. b) Declining membership – If an Active Member declines Plan Membership when first eligible, such Active Member forfeits that year of Credited Service and any other years of Credited Service until becoming a Plan Member. The Active Member may apply for membership as of any subsequent Anniversary Date, however all benefits pursuant to this Plan shall be determined by reference to the Credited Service earned after becoming a Plan Member. c) Limitations on membership – Each of the Departments shall be limited to the following maximum number of Active Members shown herein: East Great Plain – 60 Laurel Hill – 50 Occum – 55 Taftville – 60 Yantic – 70 8-74 Service a) Annual purchase of Credited Service time – any Plan Member who is aged 18 years or older as of the end of the Plan Year may purchase a year of Credited Service by meeting the following requirements: i) Emergency call requirement – Performs Fire Duties for the benefit of the District responding to at least 20% of his/her Department’s emergency calls or 150 emergency calls during the Plan Year, and 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 ii) Training requirement – Attends at least 20% of his/her Department’s training sessions and drills or 20 hours of training or drills during the Plan Year, unless iii) Disability during Plan Year (1) Department-related Injury – A Plan Member who cannot perform Fire Duties as a result of a Department-related Injury shall have his/her percentages in i) and ii) adjusted to account for the time lost, but (2) Non-Department-related injury – Any injuries unrelated to Fire Duties for one of the Departments do not qualify for any adjustments for time lost. iv) Certification by Chief of Department – the chief of each Department shall certify the summary of emergency calls and training attended by each volunteer. v) Contribution rate – A Plan Member shall contribute the following amounts for purchase of Credited Service during the following periods: (1) $60 for Plan Years prior to January 1, 1995. (2) $84 for Plan Years on or after January 1, 1995 but prior to January 1, 2000 (3) $120 for Plan Years on or after January 1, 2000 but prior to January 1, 2006 (4) $180 for Plan Years on or after January 1, 2006 but prior to January 1, 2011 (5) $216 for Plan Years on or after January 1, 2011 but prior to January 1, 2014 (6) $264 for Plan Years on or after January 1, 2014 b) Buyback of prior service time i) Cadets – Within the first 12 months following the Anniversary Date following his/her 18th birthday, an Active Member may purchase up to two years of Credited Service earned while he/she was a Cadet at the current contribution rate as long as he/she meets all other requirements in a) above. ii) Military Service – A Plan Member with at least 16 years of Credited Service may purchase up to four years of Credited Service for time in which he/she was drafted, enlisted, or commissioned with one or more branches of the United States Armed Forces at the current contribution rate. iii) Limited periods of prior service buybacks (1) Volunteers with service prior to January 1, 1988 will be eligible to elect to buyback up to 20 years of Credited Service by April 30, 1988. The entire amount of contribution, calculated at $60 for each year of Credited Service, shall be paid to the Fund by September 30, 1988. (2) 90 day period following adoption of Ord. No. 1305 on March 6, 1995 – Plan Members who continue to earn Credited Service as of January 1, 1995 will be eligible to buy back up to 10 additional years of Credited Service on a 50% basis (1 year of Credited Service for each two years of actual service) at the rate of $60 per year plus Credited Interest and a $25 fee. (3) 90 day period following adoption of Ord. No. 1443 on January 8, 2001 – Plan Members with 20 years of Credited Service and who continue to earn Credited Service as of January 1, 2000 will be eligible to buy back up to 10 additional years of Credited Service for a maximum of 30 years of Credited Service at the rate of $120 per year. Also during this 90-day period, Plan Members who continue to earn Credited Service as of January 1, 2000 will be eligible to buy back up to 10 additional years of Credited Service on a 50% basis (1 year of Credited Service for each two years of actual service) at the rate of $120 per year plus Credited Interest and a $25 fee. (4) 90 day period following adoption of Ord. No. 1547 on July 17, 2006 – Plan Members with 20 years of Credited Service and who continue to earn Credited Service as of January 1, 2006 will be eligible to buy 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 back up to five additional years of Credited Service for a maximum of 35 years of Credited Service at the rate of $180 per year. Also during this 90-day period, Plan Members who continue to earn Credited Service as of January 1, 2006 will be eligible to buy back up to 10 additional years of Credited Service on a 50% basis (1 year of Credited Service for each two years of actual service) at the rate of $180 per year plus Credited Interest and a $25 fee. (5) 90 day period following adoption of Ord. No. 1648 on January 3, 2011 – Plan Members with 35 years of Credited Service and who continue to earn Credited Service as of January 1, 2006 will be eligible to buy back up to five additional years of Credited Service for a maximum of 40 years of Credited Service at the rate of $216 per year. 8-75 Retirement benefits a) Normal retirement i) For Members joining the Plan prior to January 1, 2015, the Plan Member’s Normal Retirement Date shall be the first day of the month in which such member has attained age 55 and has completed at least 20 years of Credited Service. ii) For Members joining the Plan on or after January 1, 2015, the Plan Member’s Normal Retirement Date shall be the first day of the month in which such member has attained age 55 and has completed at least 25 years of Credited Service. b) Deferred retirement – a Plan Member who is satisfactorily able to perform Fire Duties may remain an Active Member and continue to earn Credited Service beyond his/her Normal Retirement Date while he/she continues to collect benefits. The first day of the calendar month following such deferred retirement shall be known as his/her Deferred Retirement Date. c) Calculation of retirement benefits – the monthly amount of retirement benefits payable to a Plan Member shall be calculated as follows: i) For Retired Members with a Break in Service prior to January 1, 1995, $7 times 20 years of service, for a maximum of $140. ii) For Retired Members with a Break in Service on or after January 1, 1995 but prior to January 1, 2000, $8 times number of years of Credited Service, with a maximum of 30 years, or $240. iii) For Retired Members with a Break in Service on or after January 1, 2000 but prior to January 1, 2006, $10 times number of years of Credited Service, with a maximum of 30 years, or $300. iv) For Retired Members with a Break in Service on or after January 1, 2006 but prior to January 1, 2011, $15 times number of years of Credited Service, with a maximum of 35 years, or $525. v) For Retired Members with a Break in Service on or after January 1, 2011 but prior to January 1, 2015, $18 times number of years of Credited Service, with a maximum of 40 years, or $720. vi) For Retired Members with a Break in Service on or after January 1, 2015, $22 times number of years of Credited service, with a maximum of: (1) 40 years, or $880, for Members who joined the Plan prior to January 1, 2015 (2) 30 years, or $660, for Members who joined the Plan on or after January 1, 2015 d) Break in Service - If a Retired Member has a Break in Service and later becomes an Active Member, such Retired Member may earn years of Credited Service and enhance his/her retirement benefits. The retirement benefits for Credited Service earned prior to the Break in Service shall be calculated at the applicable rate prior to the Break in Service and the retirement benefits for Credited Service earned after becoming an Active Member shall be calculated at the rate applicable at that time. 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 e) Form and Timing of Payment – Retired Members shall receive monthly benefit payments equal to 1/12th of his/her annual benefit until the Retired Member’s death. All Retired Members retiring on or after January 1, 2011 shall receive payments via direct deposit with electronic delivery of payment notifications. Payments may be made on a less frequent basis at the discretion of the Committee. 8-76 Disability benefits a) Any Plan Member who is determined to have a disability as described in b) herein shall commence receiving his/her benefits six months after the date of the determination of the disability. The disability benefits will be calculated using both the maximum years of Credited Service and the rate applicable in § 8-75c) as of the date that disability has been determined. b) Determination of disability - A Plan Member who has sustained a Department-related Injury and such injury is the primary cause for his/her being permanently and totally incapable of engaging in Fire Duties for the City for physical reasons shall be deemed disabled for purposes of this section, if i) Plan Member covered by Social Security Act – A Plan Member will be deemed to be disabled if he/she begins to receive disability benefits under the Social Security Act and the City’s worker’s compensation records corroborate that the Department-related Injury was the primary cause of the disability, or ii) Plan Member not covered by Social Security Act – A Plan Member will be deemed to be disabled if two licensed physicians approved by the Committee both certify the disability and the City’s worker’s compensation records corroborate that the Department-related Injury was the primary cause of the disability. iii) The Committee may require proof of continuous disability. c) Duration of disability – Any benefits under § 8-76 shall terminate upon the last payment due preceding the earlier of: i) The date of death of the disabled Plan Member, or ii) The date which the disabled Plan Member is deemed to be no longer permanently and totally incapable of engaging in any service as a volunteer firefighter for the City. 8-77 Death benefits a) Designation of a Beneficiary – Each Plan Member may designate a Beneficiary or Beneficiaries on a form prescribed by the Committee which beneficiary shall be entitled to receive any benefits to which such Beneficiary may be entitled in accordance with the Plan. The Plan Member may change such designation by submitting a new form. b) Failure of a Beneficiary to Survive – In the event that there is a death benefit under this plan and there are no designated Beneficiaries surviving the Plan Member, the death benefit shall be payable in a lump sum to the Plan Member’s estate. c) Death prior to Normal Retirement Date i) Generally – Unless a death benefit is payable in accordance with ii) herein, the Beneficiary of the Plan Member shall be entitled to receive a death benefit equal to the contributions into the Plan by the deceased Plan Member with Credited Interest calculated through the date of death of the deceased Plan Member. ii) Death of a Plan Member in the course of performing Fire Duties for a Department – The Qualified Spouse of such Plan Member shall receive a death benefit calculated in the same manner as Disability benefits in § 8- 76 until such Qualified Spouse dies or remarries. On or after January 8, 2001, in the event that a Plan Member who dies and leaves no Qualified Spouse, or whose Qualified Spouse dies or remarries, the death 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 benefits under this subsection shall be remitted to the surviving children per capita until the earlier of death or attaining age 18. d) Death after retirement i) Qualified Spousal & Child Benefits – A Plan Member who is under the age of 65 as of January 8, 2001 and is an Active Member is entitled to have benefits pass onto his/her Qualified Spouse and child(ren), subject to the restrictions and calculations described herein. (1) Qualified Spouse is entitled to death benefits until death or remarriage, calculated as follows: (a) Plan Member who died between January 8, 2001 and July 16, 2006 – 50% of the deceased Plan Member’s retirement benefit, or (b) Plan Member who died after July 16, 2006 – 90% of the deceased Plan Member’s retirement benefit (2) Child(ren) – In the event that a Plan Member who died on or after January 8, 2001 leaves no Qualified Spouse, or the Qualified Spouse dies or remarries, payments totaling 50% of the deceased Plan Member’s retirement benefit shall be remitted to the surviving children until the earlier of death or attaining age 18. If there are multiple children who have not attained age 18 then the survivorship benefit will be split per capita based on the number of children eligible for payment for the month. 8-78 Refund of contributions a) A Plan Member whose services with a Department have ended for any reason other than death, retirement, or transferring to another Department, may request a refund of all of his/her contributions to the Plan with Credited Interest. Such request shall be reviewed by the Committee at its next regular meeting. b) If a former Plan Member who had received a refund as described in a) resumes service with a Department, he/she shall be considered a new Plan Member subject to the requirements of § 8-73a). Such Plan Member may buy back his previously refunded Credited Service within two years after resuming by repaying his contributions plus Credited Interest calculated through the date of repayment. 8-79 Administration of the plan a) Volunteer firefighters’ relief fund committee – the general administration of the Plan and the responsibility for carrying out the provisions of the Plan shall be placed with the Committee. Members of the Committee shall serve without compensation for acting as such. i) The Committee shall be made up of 11 voting members and one non-voting member, as follows: (1) Chiefs of each Department or their designees (2) Human Resources Director or his/ her designee (3) Comptroller or his/her designee (4) City Manager or his/her designee (5) One member of the Personnel & Pension Board designated by it (6) Two citizens from the District appointed by the Council of the City of Norwich (7) Immediate past Chairperson, as the non-voting member ii) The Committee shall construe this Plan and the construction hereof, make recommendations to correct any defect, supply any omission, or reconcile any inconsistency in such manner and to such extent as it shall deem reasonable and required. iii) The Committee may provide rules, regulations, and forms not inconsistent with the terms and provisions hereof for the administration of the Plan and, from time to time, may amend or supplement such rules, regulations, and forms. iv) The Committee may retain employees, agents, or actuarial advisors to assist in its duties. 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 v) The Committee shall establish what constitutes a quorum and majority in its bylaws. vi) The Committee shall set investment policies and procedures with regard to the administration of the Plan. vii) The Committee shall make the Actuarial valuation report available to the Council. b) Trust fund – All contributions to the Plan made by the City and Plan Members shall be held and administered by the Trustee in trust for use in accordance with the Plan. i) The Committee shall select a qualified bank, trust company, insurance company, or individual, as Trustee of the Plan and enter into a written agreement with the same. ii) The Trustee shall hold and invest all funds sent to it by the City Treasurer in accordance with the written agreement between the Committee and the Trustee and the investment policies and procedures established by the Committee. iii) No part of the corpus or income of the Fund shall be used for, directed, or diverted to any purpose other than the payment of the benefits and expenses of the Plan except as provided in § 8-81. c) Actuarial valuation – The Committee shall follow the requirements of Article VI, § 7-132. d) City contribution i) The City shall make contributions to the Fund as follows: (1) For Fiscal Years ended June 30, 1988 through June 30, 1995 - $75,000 (2) For Fiscal Years ended June 30, 1996 through June 30, 2001 - $100,000 (3) For Fiscal Years ended June 30, 2002 through June 30, 2006 - $120,000 (4) For Fiscal Years ended on or after June 30, 2007 – the amount determined to be necessary and appropriate pursuant to the actuarial valuation to maintain the Plan’s fiscal viability. (5) For Fiscal Years ended after June 30, 2015, the Committee shall follow Article VI, § 7-132 ii) The City shall not receive any refund of any contribution made by it into the Plan unless the terms of § 8-81 have been met. 8-80 Plan Amendment a) The Council of the City of Norwich may amend the Plan at any time, provided that no amendment shall: i) Cause or permit any portion of the Fund to become the property of the City except pursuant to §8-81; or ii) Deprive any Plan Member or his/her Beneficiary of any benefits already accrued under the Plan b) Any proposal which will change the benefits payable or Plan Member contributions shall be accompanied by an estimate by an actuary of the impact on the City’s contribution. 8-81 Plan Termination – The Council of the City of Norwich shall have the right to terminate the Plan at any time, provided that: a) If, upon the termination of the Plan, the assets of the Fund exceed the total liabilities of the Plan, the Fund shall be used to pay all Plan Member and Beneficiary benefits and expenses of the Plan before assets of the Plan are expended or encumbered for any other purpose. Once sufficient Fund assets have been set aside to cover all liabilities of the Plan, any remaining assets may be returned to the City. b) If, upon the termination of the Plan, the total liabilities of the Plan exceed the assets of the Fund, then the assets of the Fund shall be applied in the following order: i) Provide each Plan Member and Beneficiary thereof an amount equal to his/her contributions, with Credited Interest thereon, to the earlier of his/her Benefit Date or the Date of Termination, reduced by the amount of any benefit payments or refunds previously made to such Plan Member; which amount shall reduce the amounts necessary to provide benefit payments set forth in ii) and iii) herein. ii) Provide benefit payments to Retired Members or their Beneficiaries 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 iii) Provide benefit payments to all remaining Plan Members and Beneficiaries iv) If upon the application of the assets of the Fund in i) through iii) herein is insufficient to satisfy such liabilities in full, the assets available for the applicable level of priority in the order shall be applied on the basis of the proportion which the available assets bear to the present values of the accrued benefits of all Plan Members or their beneficiaries in that level of priority c) Upon termination of the Plan, the Fund may (1) continue in existence and the assets applied for the benefit of the levels of priority set forth herein; or (2) the assets of the Fund may be distributed in the levels of priority set forth herein by: (a) Distributing to each Plan Member or his/her Beneficiary the present value that he/she is entitled to receive, either in one lump sum or in installments over a period of not more than five years; or (b) Purchasing annuity contracts of such types as the Committee shall determine for the Plan Members or their Beneficiaries from an insurance company or companies 8-82 Miscellaneous provisions a) Minors and incompetents – Payments will be made to a parent or a duly appointed guardian, conservator, or legal representative of any minor or incompetent Plan Member or Beneficiary. In the absence of a duly appointed guardian, conservator, or legal representative, the Committee shall withhold payments until one is duly appointed. Any such payment shall be a complete discharge of any liability for such payment under the Plan. b) Non-Assignability of Benefits – Unless otherwise required by Federal or State of Connecticut law, Plan Members and Beneficiaries shall not assign, pledge, accelerate, or in any other way redirect their benefits from this Plan. c) Non-Liability of City – All benefits under the Plan shall be paid or provided for solely from the Fund and the City assumes no liabilities or responsibilities therefore. d) Volunteer Status – Neither the action of the City in the establishment of the Plan or any action taken by it or by the Committee hereunder shall be construed as giving any Plan Member or any other member from any of the Departments the right to be retained in such status or any other right whatsoever except to the extent of the benefits provided by the Plan. e) Separability of Provisions – If any provisions of the Plan shall be held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining parts of the Plan, but the Plan shall be construed and endorsed as if said illegal or invalid provisions had been removed. f) Unclaimed benefits – Except as otherwise directed by the Connecticut General Statutes, whenever reasonable efforts fail to locate any Plan Member or Beneficiary entitled to benefits under the Plan within seven years from the time notice is first received that he/she is no longer located at the last recorded address, the Committee may direct that any benefits to which he/she may be entitled shall be cancelled and no payment shall be made thereafter to anyone with respect to the benefits so cancelled. g) Applicable Law – The validity of the provision of the Plan shall be determined under and shall be construed according to the laws of the State of Connecticut. 8-83 Reserved 8-84 Reserved 8-85 Reserved 8-86 Reserved 8-87 Reserved 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 8-88 Reserved 8-89 Reserved Purpose: To codify all of the existing ordinances related to the Volunteer Firefighters’ Relief Fund Plan. The above ordinance passed on a roll call vote of 7-0. Mayor Hinchey called for second reading and action on the proposed ordinances listed below: Upon a motion Ald. Nash, seconded Ald. Wilson, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion Ald. Nash, seconded by President Pro Tem Desaulniers, to adopt the following ordinance introduced by Mayor Hinchey. AN ORDINANCE AMENDING NORWICH CODE OF ORDINANCES SECTION 7-26 – “TAX ABATEMENT FOR VOLUNTEER FIREFIGHTERS” WHEREAS, ordinance 1437, as later amended by ordinance 1650, adopted by the Council of the City of Norwich in accordance with Connecticut General Statutes §12-81w on December 4, 2000 and codified as §7-26 of the Norwich Code of Ordinances, provides up to $1,000 abatement of taxes on the residential and/ or personal property owned by volunteer firefighters who meet certain service and training requirements; and WHEREAS, the Volunteer Firefighters’ Relief Fund Committee has recommended the amendments detailed below in an effort to clarify and modernize the language and make the training requirements of the tax abatement for volunteer firefighters consistent with those of the Volunteer Firefighters’ Relief Fund Plan. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Norwich, that the following amendments to §7-26 of the Norwich Code of Ordinances be and hereby are adopted. Sec. 7-26. - Tax abatement for volunteer firefighters. (a) Any member seeking an abatement must have attended a minimum of 20 percent of the years emergency calls and meets the training requirements as prescribed by the bylaws of the individual volunteer fire company (both calculated from January 1 —December 31 of each year) met the emergency call and training requirements set forth in §§8-74 (a)(i) and (ii). (b) A member who cannot perform his/her duty as a result of a department-related injury, as defined in §8-72, shall have their percentage of attendance adjusted according to time lost in the same manner as §8-74(a)(iii). (c) The chief of each individual volunteer fire company shall submit a notarized list and an electronic list of all eligible members, as well as their respective level of tax abatement to the Norwich Tax Collector Assessor, or the Tax Collector or Assessor of the municipality which has 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 entered into a an interlocal agreement with the City of Norwich and in which said eligible member resides, no later than March 1st of each year, in order to be eligible for a tax abatement as to taxes due on the following July 1st on the grand list of October 1st of the preceding year. This tax abatement shall be applied only to residential property tax or personal property tax, whether such property is owned individually jointly or as tenant in common with one or more other persons. (d) Nothing in this section shall be construed to imply that if an eligible member has less tax liability than their permitted amount of tax abatement, that they are entitled to receive any additional funds from the city under this section. (e) The tax collector Tax Assessor for the Town City of Norwich shall maintain a record of all taxes abated in accordance with this section. (f) The city manager is authorized to enter into, create, receive and deliver an interlocal agreement on behalf of the City of Norwich with one or more of the towns showing common boundaries with the City of Norwich to provide reciprocal tax abatements as set forth in this section for eligible members of volunteer fire departments who in a municipality subject to said intergovernmental agreement and provide volunteer services in another municipality subject to said agreement. Purpose: To update the volunteer tax abatement emergency call and training criteria to match the criteria for the volunteer firefighters’ relief fund plan and to correct certain portions of the code of ordinance to match current operating practices. The above ordinance passed on a roll call vote of 7-0. Upon a motion of Ald. Noblick, seconded by Ald. Wilson, it was unanimously voted to accept the letter of resignation from Joe East and thanking him for his service. Acting City Manager Bilda provided his report as followed: City Manager’s Report Date: November 16, 2015 Major Pending Items City-wide/City Manager: 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 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 Completed: 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 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-Amount Tasks/Topics Comments/Update DSS-Senior Center - $690,000 Renovations - 9/2014 - awarded. Project is 75% Project Manager - Patrick McLaughlin roofing, HVAC, complete - roof completed with flooring, painting, parking/paving est. Spring 2016 parking lot completion DECD-Uncas Leap - $270,000 Environmental Engineering contract issued Project Manager - Jeanne Kurasz assessment & testing DECD-Shipping St/Terminal Way - $200,000 Environmental On schedule Project Manager - Peter Davis/Gary Evans assessments Grants, Continued: 28  JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 Department/Grant Entity-Purpose-Amount Tasks/Topics Comments/Update DECD Historic Restoration Fund-City Hall - $90,000 Flooring repair/ Re-bid in process in order to meet State Project Manager - Pat McLaughlin replacement requirements 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 Department Initiatives: Department/Grant Entity-Purpose-Amount Tasks/Topics Comments/Update Recreation On-line program Working on plan for both Rec/Senior registration software center; 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- Effective October 1, 2015 we are now line HR functions accepting online 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. 29  JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 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, 8/4/15 Demo complete Agent PWCIC asked agent to reach out to abutters 4/9/15- List agreement signed, need Res. to list 34 Lake Street CM, Corp Counsel, Council Res. 2015-02-02 Enter into listing agreement to sell Agent 4/9/15 List agreement signed 8/16/15-Agent reports possible offer pending 100 Broad Street #103 CM, Corp Counsel, Council Res. 2015-02-02 Enter into listing agreement to sell Agent 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. David Crabb, 47 Prospect St spoke in opposition to resolution #4 stating it lacks appropriate substantiating information. He asked how long the roof was in place and if it had solar panels. Mayor Hinchey declared citizen comment on resolutions was closed. Ald. Nash made a motion, seconded by Ald. Noblick, to adopt the following resolution introduced by Mayor Hinchey. Upon a motion of Mayor Hinchey, seconded by Ald. Bettencourt, it was unanimously voted to amend the following resolution by reducing “Safe Futures” to $10,000, reducing “Madonna Place” to zero, reducing “Habitat for Humanity” to zero and increasing “Taftville Field project” $30,000. 30 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 The below resolution includes these changes: 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) held 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 beginning October 24th and ending November 23rd 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 re-allocation; and WHEREAS, notice of a public hearing was published regarding the allocation and a public hearing before the Council 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 proposed recaptured funds’ reallocation as presented to the Council by the CDAC be and hereby is approved by Council and be it further resolved that the City Council authorizes the Community Development Director to submit a “Substantial Amendment” to the Department of Housing and Urban Development by December 1, 2015 with the following allocations approved by Council CDBG Requests - PY 2015 Mid-Year PY 2015 Available Recaptured Funding $ 110,000 $ 110,000 $ 110,000 2015 Mid- Year CDAC Council Requests Recommendation Approved Public Service Martin House, Inc. Food Security Program $ 4,000 $ - CT Association for Human Services - Financial Stability Program $ 15,000 $ - Norwich Human Services - Norwich Works $ 20,000 $ - Safe Futures $ 12,300 $ 12,300 $ 10,000 Madonna Place, Inc. Fatherhood Initiative Program $ 10,000 $ 6,000 $ - Norwich Adult Education - ESOL instruction $ 5,000 $ 5,000 $ 5,000 Construction Thames River Family Program - Construction Project $ 13,318 $ - Taftville Field Demolition/Open Space Restoration $ 30,000 $ 15,000 $ 30,000 Norwich Housing Authority -Sunset Park Roof Replacement Phase I $ 35,000 $ - Greeneville Sidewalks Project $ 65,000 $ 65,000 $ 65,000 Habitat for Humanity - Rehab of 12 Western Avenue $ 15,000 $ 6,700 Total Public Service $ 66,300 $ 23,300 $ 15,000 Total Construction $ 158,318 $ 86,700 $ 95,000 Total CDBG $ 224,618 $ 110,000 $ 110,000 Motion passes. 31 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 Upon a motion of Ald. Nash, seconded by President Pro Tem Desaulniers it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. BE IT RESOLVED that the below named be re-appointed as regular members of the Norwich Baseball Stadium Authority with a term to expire on October 31, 2017 or until a successor is appointed: Gary Carignan (D) Thomas Cummings (D) Robert Demars (R) Matthew Fortin (U) Michael E. Jewell, Sr. (D) Robert Reed (R) Sean Ryan (D) Gary Schnip (R) Peter Slocum (U) Upon a motion of Ald. Nash, seconded by Ald. Noblick, it was voted to put the following resolution on the floor introduced by Mayor Hinchey. WHEREAS, the Acting City Manager John Bilda has appointed as an alternate member to the Zoning Board of Appeals for a term to expire on 2/28/17 or until a successor is appointed; Robert Phoenix (I) Upon a motion of Ald. Nash, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. WHEREAS, the Council of the City of Norwich included funding in its 2013-14 Capital Budget of $11,405 for the Norwich Fire Department for the purpose of installing Catalyst Enhancing Lighting for the Norwich Fire Department headquarters; and WHEREAS, the Chief Kenneth Scandariato has determined that the headquarters requires repairs to the roof more urgently than lighting upgrades. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the 2013-14 Capital Budget for the Norwich Fire Department be and hereby is amended to change the purpose of the $11,405 allocation from its original purpose of installing Catalyst Enhancing Lighting for the Norwich Fire Department headquarters to the more urgent need of roof repairs to its headquarters. 32 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 16, 2015 Upon a motion of Ald. Noblick, seconded by Ald. Eyberse, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. WHEREAS, the Council of the City of Norwich, having received and accepted the resignation of City Manager Alan H. Bergren, appointed an acting city manager and designated itself a Personnel Search Committee for a new city manager; and WHEREAS, as a Personnel Search Committee the Council has solicited applications for the position, reviewed the same, but has not conducted interviews of candidates and does not expect interviews to take place until after December 1, 2015; and WHEREAS, as of December 1 2015 there will be five new members on the Council of the City of Norwich; and WHEREAS, the Council of the City of Norwich believes it would be to advantage to the incoming members of the city council to have access to the materials developed by the present council as a Personnel Search Committee prior to December 1, 2015 to expedite the search for a new city manager. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that Peter Nystrom, Joanne Philbrick, Gerald Martin, Stacy Gould, and Tucker Braddock be and hereby are added as members of the Personnel Search Committee for a new city manager established by the Council of the City of Norwich on February 2, 2015; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that no interviews with any perspective candidate for city manager shall take place prior to December 1, 2015; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that Peter Desaulniers, Sofee Noblick, Terrell Wilson, William Eyberse and Mark Bettencourt discontinue serving on the Personnel Search Committee as of December 1, 2015. Upon a motion of Ald. Bettencourt, seconded by President Pro Tem Desaulniers, it was unanimously voted to adjourn at 7:36 pm. CITY CLERK 33