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City Council

Regular Meeting

Norwich, CT · August 15, 2016

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Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 15, 2016 A regular meeting of the Council of the City of Norwich was held August 15, 2016 at 7:00 PM in Council Chambers. Present: Aldermen Nystrom, Philbrick, Braddock, Gould, Martin and Nash. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Hinchey was absent due to her mother passing, President Pro Tem Nystrom presided. President Pro Tem Nystrom called for a moment of silence for Shirley Loveland, Mayor Hinchey’s mother. Ald. Gould read the opening prayer and Ald. Martin led the members in the Pledge of Allegiance. President Pro Tem Nystrom called for citizen comment. Susan Goldman, 35 Sherwood Ln, spoke in support of creating an Open Space Commission. Rodney Bowie, 62 Roosevelt Ave, thank the Council for being bold especially Ald. Nystrom in creating this year’s budget as they all did a good job. David Crabb, 47 Prospect St, talked about vacant property and how it relates to the budget woes. President Pro Tem Nystrom declared citizen comment closed President Pro Tem Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SUBSECTIONS .1 AND .2 OF SECTION 7.5.10- EXPIRATION AND COMPLETION. - OF THE NORWICH ZONING REGULATIONS AS ADOPTED AS ORDINANCE NO. 1721 ON 10-19-2015 City Clerk reads into the record the report from the Commission on the City Plan: 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 15, 2016 Speaking in favor: Deanna Rhodes, Director of Planning and Development, spoke in favor of the ordinance stating it would be helpful for business. She felt it would give the City opportunities for more economic development and allow businesses to have extra time stating this is consistent with the Connecticut General Statutes. Speaking in opposition: No one spoke. There being no further speakers President Pro Tem Nystrom declared the public hearing closed. President Pro Tem Nystrom called for the second reading and action on AN ORDINANCE AMENDING SUBSECTIONS .1 AND .2 OF SECTION 7.5.10- EXPIRATION AND COMPLETION. - OF THE NORWICH ZONING REGULATIONS AS ADOPTED AS ORDINANCE NO. 1721 ON 10-19- 2015 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 15, 2016 Upon a motion Ald. Philbrick, seconded Ald. Gould, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Ald. Gould motioned, seconded by Ald. Braddock, to adopt the following ordinance introduced by Mayor Hinchey. AN ORDINANCE AMENDING SUBSECTIONS .1 AND .2 OF SECTION 7.5.10- EXPIRATION AND COMPLETION. - OF THE NORWICH ZONING REGULATIONS AS ADOPTED AS ORDINANCE NO. 1721 ON 10-19-2015 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF CITY OF NORWICH, that subsections .1 and .2 of the Zoning Regulations of the City of Norwich as established by Ordinance 1721 adopted 10-19-2015 be and hereby are amended as follows: Zoning Regulation Section 7.5.10 – Expiration and Completion. .1 All work in connection with a site plan shall be completed within 5 years after the date of approval of the plan. Failure to complete all work within such 5 year period shall result in automatic expiration of the approval of such site plan unless the Commission shall have granted grants an extension of the time to complete work in connection with such site plan. .2 The Commission may grant 1 or more extensions of the time to complete all or part of the work in connection with the site plan provided the total extension or extensions shall not exceed 10 14 years from the date of approval of such site plan .3 The Commission may condition the approval of such extension on a determination of the adequacy of any Performance Guarantee or other surety. AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that this ordinance shall become effective ten (10) days after its publication. Purpose: To coordinate the time to complete site plan work under the Norwich Zoning Regulations with those provided at section 8-3(m) of the Connecticut General Statutes. The above ordinance passes on a roll call vote of 6-0. Upon motion of Ald. Gould, seconded by Ald. Martin, it was unanimously voted to accept the above report from the Commission on the City Plan per CGS 8-24 relative to amending subsections .1 and .2 of section 7.5.10 of the zoning regulations. City Managers Report: ESTABLISHED 1659 CITY OF NORWICH CONNECTICUT 100 Broadway Norwich, CT 06360 JOHN SALOMONE 100 Broadway CITY MANAGER Norwich, CT 06360 (860) 823-3747 Fax (860) 885-2131 To: Mayor Hinchey and members of the City Council From: John Salomone, City Manager 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 15, 2016 Subject: City Manager’s Report Date: August 15th, 2016 Before the last council meeting I attended on the 18th, I had the privilege to attend the awarding of the National Medal for Museum and Library Services to Otis Library. Congratulations again to Bob Farwell and the staff of Otis Library on this major accomplishment! Union negotiations have continued over the past weeks for the Police and Fire Departments as well as the Public Works Supervisors and the Municipal Employees Union. Next month I will update the City Council to the developing process. On July 19th I met with Fire Chief Scandariato and the Superintendent of Fleet Maintenance; John Raymond to discuss a vehicle inventory lists and potential replacement schedules. On July 20th I was given the opportunity to receive a presentation from the bright and enthusiastic students attending the Innovation Project at Norwich Free Academy. The Innovation Project curriculum combines real-world challenges focused on science, technology, engineering and mathematics (STEM) with entrepreneurial concepts to promote self- expression and self-confidence. Their PowerPoint slide show presentation was focused on community development within the city of Norwich. One of the main topics was the closed YMCA. I invited them to present their presentation to the City at a future Council meeting. I also met with Dale Plummer & Sue Massey of the Norwich Heritage Trust that day to discuss their concerns for Reid & Hughes building. A follow up meeting was held on Tuesday the 9th that also included Bob Mills of NCDC and City Planner Deanna Rhodes. On Thursday the 21st I met with Beryl Fishbone to review a request by the Mohegan Park Advisory Committee regarding participation in state and national programs and some promotional programs for the City of Norwich. On Monday August 8th the Mayor, Alderman Braddock and I met with James Quarto of the Norwich Redevelopment Agency to review brownfields within the City and hear a presentation by Mr. Quarto. Also, on that day the Mayor and I met with Alderman Gould, Bob Mills of NCDC, our Assessor Donna Ralston, Gary Evans of Community Development and City Planner, Deanna Rhodes to discuss building permit estimates for a potential development within the city. On Tuesday August 9th I met with Donna Ralston and our Human Resources Director; Brigid Marks to discuss staffing for the Tax Assessor’s office. On Wednesday August 10th I met with the City’s Financial Department, Corporation Council and members of the Norwich Baseball Stadium Authority to review yearly financials and other topics for Dodd Stadium. Also on Wednesday, City Officials and I attended the ribbon cutting at the new Norwich Public Utilities Mountain Ash Solar Farm. The solar and stored energy generated by the new systems will be used to provide a cleaner and more resilient power infrastructure for its municipal utility members and the wholesale electric customers. President Pro Tem Nystrom called for citizen comment on resolutions. David Crabb, 47 Prospect St, spoke in opposition of resolution #1, he asked if this was a throwback from previous Democrats stating this is a knife in the back of taxpayers. He also spoke in opposition 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 15, 2016 of resolution #2 stating the sale price is unrealistic and he suggested selling City property at auction not by a real estate agent. President Pro Tem Nystrom declared citizen comment on resolutions was closed. Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. WHEREAS, the Finance Department expended approximately $5,500 in excess of its fiscal year 2015- 16 appropriation resulting from retirement payouts; and, WHEREAS, the Assessor Department expended approximately $19,000 in excess of its fiscal year 2015-16 appropriation resulting from higher than anticipated personal property audit fees; and, WHEREAS, the Recreation Department expended approximately $30,000 in excess of its fiscal year 2015-16 appropriation resulting from differentials, overtime, and part-time workers to provide administrative support; and, WHEREAS, the Emergency Management Department expended approximately $500 in excess of its fiscal year 2015-16 appropriation resulting from higher than anticipated materials and supplies costs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that $55,000 be and hereby is transferred from the 2015-16 Contingency budget to the 2015-16 Finance, Assessor, Recreation, and Emergency Management departments as follows: Department Amount of Transfer Contingency 55,000 Subtotal - Budget Decreases 55,000 Finance 5,500 Assessor 19,000 Recreation 30,000 Emergency Management 500 Subtotal - Budget Increases 55,000 Net Budget Change - Upon a motion of Ald. Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock. WHEREAS, the City of Norwich acquired the property described as map 102, block 1, lot 34 known as 92 School Street, through a tax foreclosure taking title on November 15, 2012; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to attempt to dispose of said property by a negotiated sale using the services of Allyn and Associates Realtors, at a price recommended by Allyn and Associate Realtors; WHEREAS, a prospective buyer has signed and submitted a Purchase and Sales Agreement to Allyn and Associates Realtors offering to purchase the property known as 92 School Street for $1,250.00, which price Allyn and Associates Realtors recommends. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 15, 2016 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the City Manager, John Salomone, be and hereby is authorized and directed on behalf of the City of Norwich to enter into a Real Estate Listing Agreement satisfactory to him and the corporation counsel with Allyn and Associates Realtors and to offer to sell 92 School Street, at the price recommended by Allyn and Associate Realtors and on terms satisfactory to City Manager John Salomone. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH THAT THE City Manager, John Salomone, be and hereby is authorized to accept, execute, and deliver the Purchase and Sales Agreement between the buyers Barbara J. Jordan and Gilbert F. Jordan, or an entity to be named for the purpose of taking title, and the City of Norwich and upon payment of such sum subject to standard adjustments to the City of Norwich to execute and deliver a deed of conveyance together with such other letters or documents as are necessary to complete the transfer of title in keeping with the terms of the Purchase and Sales Agreement executed by the buyers for the property known as 92 School Street, Norwich. Upon a motion of Ald. Braddock, seconded by Ald. Philbrick, it was unanimously voted to schedule a Public Hearing, second reading and action on Tuesday, September 6, 2016 at 7:30 pm for the following ordinance introduced by Mayor Hinchey. AN ORDINANCE AMENDING SECTIONS OF ARTICLE IV OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH PERTAINING TO THE VOLUNTEER FIREFIGHTERS’ RELIEF FUND PLAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT the sections listed below be, and hereby are, amended as set out herein: Section 8-72 Definitions – 8-72(a) and 8-72(d) Section 8-73 Eligibility for participation – 8-73 and 8-73(b) Section 8-74 Service – 8-74(b)(iii)(5) Section 8-76 Disability benefits – 8-76(a) Section 8-78 Refund of contributions – 8-78(a) Sec. 8-72. - Definitions. When used in sections 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 section 8-74] performs fire duties for the benefit of the district responding to at least five percent of his/her department's emergency calls or 35 emergency calls during the plan year; and attends at least five percent of his/her department's training sessions and drills or four hours of training or drills during the plan year. (d) Break in service. Failure of a volunteer to [earn credited service during a plan year] meet the requirements to be an active member. Sec. 8-73. - Eligibility for participation in plan. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 15, 2016 (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; notwithstanding the limited periods of prior service buybacks listed in 8-74(b)(iii). Sec. 8-74. - Service. (b) Buyback of prior service time. (iii) Limited periods of prior service buybacks: (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] 2011 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 $216.00 per year. Sec. 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] shall be calculated [using] as though the disabled plan member has [both] the maximum years of credited service [and] using the rate applicable in section 8-75(c) as of the date that disability has been determined. Sec. 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, or who wishes to withdraw from the plan may request a refund of all of his/her contributions to the plan with credited interest. Such request shall be reviewed and approved by [the committee at its next regular meeting] the plan member’s department and the comptroller or his/her designee prior to payment. Purpose: To clarify and make amendments to the Volunteer Firefighters’ Relief Fund Plan with respect to the sections concerning definitions, purchase of prior service, disability service, and refunds of plan member contributions. Upon motion to Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to adjourn at 7:45 pm. CITY CLERK 7

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH August 15, 2016 7:00 PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PUBLIC HEARINGS 1. AN ORDINANCE AMENDING SUBSECTIONS .1 AND.2 OF SECTION 7.5.10- EXPIRATION AND COMPLETION.-OF THE NORWICH ZONING REGULATIONS AS ADOPTED AS ORDINANCE NO. 1721 ON 10-19-2015 SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITION AND COMMUNICATIONS 1. Report from the Commission on the City Plan per CGS 8-24 relative to amending subsections .1 and .2 of section 7.5.10 of the zoning regulations. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to the transfer of funds from the 2015-16 contingency budget to various departments to close out the Fiscal Year. 2. Relative to the disposition of 92 School Street. NEW BUSINESS- ORDINANCE 1. AN ORDINANCE AMENDING SECTIONS OF ARTICLE IV OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH PERTAINING TO THE VOLUNTEER FIREFIGHTERS’ RELIEF FUND PLAN City Clerk PUBLIC HEARING #1 AN ORDINANCE AMENDING SUBSECTIONS .1 AND .2 OF SECTION 7.5.10- EXPIRATION AND COMPLETION. - OF THE NORWICH ZONING REGULATIONS AS ADOPTED AS ORDINANCE NO. 1721 ON 10-19-2015 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF CITY OF NORWICH, that subsections .1 and .2 of the Zoning Regulations of the City of Norwich as established by Ordinance 1721 adopted 10-19-2015 be and hereby are amended as follows: Zoning Regulation Section 7.5.10 – Expiration and Completion. .1 All work in connection with a site plan shall be completed within 5 years after the date of approval of the plan. Failure to complete all work within such 5 year period shall result in automatic expiration of the approval of such site plan unless the Commission shall have granted grants an extension of the time to complete work in connection with such site plan. .2 The Commission may grant 1 or more extensions of the time to complete all or part of the work in connection with the site plan provided the total extension or extensions shall not exceed 10 14 years from the date of approval of such site plan .3 The Commission may condition the approval of such extension on a determination of the adequacy of any Performance Guarantee or other surety. AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that this ordinance shall become effective ten (10) days after its publication. Purpose: To coordinate the time to complete site plan work under the Norwich Zoning Regulations with those provided at section 8-3(m) of the Connecticut General Statutes. Mayor Deberey Hinchey RESOLUTION #1 WHEREAS, the Finance Department expended approximately $5,500 in excess of its fiscal year 2015-16 appropriation resulting from retirement payouts; and, WHEREAS, the Assessor Department expended approximately $19,000 in excess of its fiscal year 2015-16 appropriation resulting from higher than anticipated personal property audit fees; and, WHEREAS, the Recreation Department expended approximately $30,000 in excess of its fiscal year 2015-16 appropriation resulting from differentials, overtime, and part- time workers to provide administrative support; and, WHEREAS, the Emergency Management Department expended approximately $500 in excess of its fiscal year 2015-16 appropriation resulting from higher than anticipated materials and supplies costs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that $55,000 be and hereby is transferred from the 2015-16 Contingency budget to the 2015-16 Finance, Assessor, Recreation, and Emergency Management departments as follows: Department Amount of Transfer Contingency 55,000 Subtotal - Budget Decreases 55,000 Finance 5,500 Assessor 19,000 Recreation 30,000 Emergency Management 500 Subtotal - Budget Increases 55,000 Net Budget Change - City Manager John Salomone JOSHUA A. POTHIER, C.P.A. 100 Broadway Room 105 COMPTROLLER Norwich, CT 06360-4431 Phone: (860) 823-3720 www.norwichct.org/finance Fax: (860) 823-3812 jpothier@cityofnorwich.org August 8, 2016 To: Mayor Deberey Hinchey and Members of the Norwich City Council through City Manager John Salomone 2015-16 Projected General Fund Budget- to-Actual Results As of this date, most of the financial transactions related to fiscal year 2015-16 have been processed. While there may be a few more transactions to process during August, their impact is likely to be immaterial to the overall General Fund results. Revenues The General Fund experienced better than expected results for revenues, primarily due to the additional taxes collected resulting from personal property tax audits. The positive revenue variances from taxes and other revenue items more than offset the effects of mid-term cuts from the State of Connecticut. All of these revenues were budgeted using the best information available at the time from historical data and state budget guidance. The total net impact of these variances in revenues is $3.6 million. Expenditures The department budgets have all been squeezed tighter and tighter each year and one of the byproducts of this squeezing is the increased need for year-end budget transfers. There are a number of departments which may need a budget transfer this year. Finance The Finance department has been trying to offset the $38,000 payout of accrued time to the Tax Collector who retired in April 2015. The department was able to absorb most of the impact of this payout through reductions in other line items, however Finance will need a transfer of $5,500. Assessor The Assessor’s office incurred $30,000 of personal property tax audit fees in excess of its budget. These professional services generated $120,000 of additional property tax collections during the fiscal year. The department was able to absorb some of the impact of this payout through reductions in other line items, however this department will need a transfer of $19,000. Recreation This department has had to expend additional funds due to differentials, overtime, and part-time workers to provide administrative support. Recreation will need a transfer of $30,000. Emergency Management This department will need a transfer of $500 because of materials costs related to incident command training in April and June. General Fund departments require $55,000 of transfers in total. However, I am projecting that total General Fund expenditures will be $800,000 less than budgeted. Unrestricted Fund Balance The 2015-16 adopted budget did not include any appropriation of General Fund unrestricted fund balance (UFB). The General Fund UFB will increase approximately $4.4 million. As a result, the City’s UFB will be over 11% of annual operating expenditures for the fiscal year ending June 30, 2016. The target range for UFB is 12%-17%. Summary The increase in UFB was the result of the confluence of: non-grant revenue collections, especially personal property taxes, greatly exceeding expectations; a mild Winter and no other major storm events which held down public works and public safety costs; vacant positions which were kept un-filled; and low energy prices which held down fuel, heating, and electricity costs. This is the first time since 1998 that the City has experienced an increase in UFB of this magnitude. This increase in UFB along with the City’s continued commitment to funding the pension and OPEB liabilities should be looked upon favorably by bond rating agencies and investors in future bond issues; which ultimately holds down debt service costs. It will also provide the City more financial flexibility and allow the Treasurer to continue to bolster investment earnings. RESOLUTION #2 WHEREAS, the City of Norwich acquired the property described as map 102, block 1, lot 34 known as 92 School Street, through a tax foreclosure taking title on November 15, 2012; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to attempt to dispose of said property by a negotiated sale using the services of Allyn and Associates Realtors, at a price recommended by Allyn and Associate Realtors; WHEREAS, a prospective buyer has signed and submitted a Purchase and Sales Agreement to Allyn and Associates Realtors offering to purchase the property known as 92 School Street for $1,250.00, which price Allyn and Associates Realtors recommends. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the City Manager, John Salomone, be and hereby is authorized and directed on behalf of the City of Norwich to enter into a Real Estate Listing Agreement satisfactory to him and the corporation counsel with Allyn and Associates Realtors and to offer to sell 92 School Street, at the price recommended by Allyn and Associate Realtors and on terms satisfactory to City Manager John Salomone. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH THAT THE City Manager, John Salomone, be and hereby is authorized to accept, execute, and deliver the Purchase and Sales Agreement between the buyers Barbara J. Jordan and Gilbert F. Jordan, or an entity to be named for the purpose of taking title, and the City of Norwich and upon payment of such sum subject to standard adjustments to the City of Norwich to execute and deliver a deed of conveyance together with such other letters or documents as are necessary to complete the transfer of title in keeping with the terms of the Purchase and Sales Agreement executed by the buyers for the property known as 92 School Street, Norwich. Alderman Tucker Braddock ORDINANCE #1 AN ORDINANCE AMENDING SECTIONS OF ARTICLE IV OF CHAPTER 8 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH PERTAINING TO THE VOLUNTEER FIREFIGHTERS’ RELIEF FUND PLAN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT the sections listed below be, and hereby are, amended as set out herein: Section 8-72 Definitions – 8-72(a) and 8-72(d) Section 8-73 Eligibility for participation – 8-73 and 8-73(b) Section 8-74 Service – 8-74(b)(iii)(5) Section 8-76 Disability benefits – 8-76(a) Section 8-78 Refund of contributions – 8-78(a) Sec. 8-72. - Definitions. When used in sections 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 section 8-74] performs fire duties for the benefit of the district responding to at least five percent of his/her department's emergency calls or 35 emergency calls during the plan year; and attends at least five percent of his/her department's training sessions and drills or four hours of training or drills during the plan year. (d) Break in service. Failure of a volunteer to [earn credited service during a plan year] meet the requirements to be an active member. Sec. 8-73. - Eligibility for participation in plan. (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; notwithstanding the limited periods of prior service buybacks listed in 8-74(b)(iii). Sec. 8-74. - Service. (b) Buyback of prior service time. (iii) Limited periods of prior service buybacks: (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] 2011 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 $216.00 per year. Sec. 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] shall be calculated [using] as though the disabled plan member has [both] the maximum years of credited service [and] using the rate applicable in section 8-75(c) as of the date that disability has been determined. Sec. 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, or who wishes to withdraw from the plan may request a refund of all of his/her contributions to the plan with credited interest. Such request shall be reviewed and approved by [the committee at its next regular meeting] the plan member’s department and the comptroller or his/her designee prior to payment. Mayor Deberey Hinchey Purpose: To clarify and make amendments to the Volunteer Firefighters’ Relief Fund Plan with respect to the sections concerning definitions, purchase of prior service, disability service, and refunds of plan member contributions.

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