City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 A regular meeting of the Council of the City of Norwich was held November 7, 2016 at 7:30 PM in Council Chambers. Present: Mayor Hinchey, Aldermen Nystrom, Philbrick, Gould, Braddock, Martin and Nash. City Manager Salomone and Corporation Counsel Michael Driscoll was also in attendance. Mayor Hinchey presided. Ald. Gould read the opening prayer and Ald. Philbrick led the members in the Pledge of Allegiance. Upon motion of Ald. Philbrick, seconded by Ald. Gould, it was unanimously voted to adopt the minutes of October 3 & 17, 2016. Mayor Hinchey read the following proclamation: 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 Mayor Hinchey called for a Public Hearing on participation in a Cost Sharing Program with The City of Norwich to construct concrete sidewalks. 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 a Public Hearing on AN ORDINANCE AMENDING SECTION 4-8 OF THE NORWICH CODE OF ORDINANCES TO PERMIT THE CITY MANAGER TO WAIVE THE REQUIREMENTS OF SECTION 4-8 WHEN THE CITY MANAGER HAS RECEIVED ADEQUATE ASSURANCES DOING SO WILL RESULT IN THE PAYMENT OF DELINQUENT TAXES WITHIN A REASONABLE PERIOD OF TIME Speaking in favor: no one spoke Speaking in opposition: David Crabb, 47 Prospect St, stated this ordinance is unconstitutionally vague. He asked not to burden the City Manager instead create a Homestead Act for qualified buyers. Rodney Bowie, 62 Roosevelt Ave, stated this ordinance is vague and stated he doesn’t want the City to get into the real estate business. He asked to sell properties for $1.00 to qualified people. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE EXEMPTING IGLESIA HISPANA DE NORWICH FROM THE PAYMENT OF TAXES ON CERTAIN PROPERTY LOCATED AT 230 HUNTERS ROAD 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 the second reading and action on AN ORDINANCE AMENDING SECTION 4-8 OF THE NORWICH CODE OF ORDINANCES TO PERMIT THE CITY MANAGER TO WAIVE THE REQUIREMENTS OF SECTION 4-8 WHEN THE CITY MANAGER HAS RECEIVED ADEQUATE ASSURANCES DOING SO WILL RESULT IN THE PAYMENT OF DELINQUENT TAXES WITHIN A REASONABLE PERIOD OF TIME Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this ordinance being given its second reading. AN ORDINANCE AMENDING SECTION 4-8 OF THE NORWICH CODE OF ORDINANCES TO PERMIT THE CITY MANAGER TO WAIVE THE REQUIREMENTS OF SECTION 4-8 WHEN THE CITY MANAGER HAS RECEIVED ADEQUATE ASSURANCES DOING SO WILL RESULT IN THE PAYMENT OF DELINQUENT TAXES WITHIN A REASONABLE PERIOD OF TIME WHEREAS, Section 4-8 of the Norwich Code of Ordinances, authorized pursuant to Connecticut General Statute Section 7-148(c)(2)(B) as establishing a procedure for the withholding of approval of building application when taxes are delinquent for the property for which the application is made, and was adopted February 21, 2006 to promote the collection of delinquent taxes; and WHEREAS, the Council of the City of Norwich finds that, as a result of economic circumstances, in certain instances Section 4-8 has prevented the restoration or development of properties such that delinquent taxes due on said properties remain unpaid and continue to increase; and WHEREAS, Section 4-8 currently provides that approval and issuance of a building permit shall not be withheld when in the opinion of the building official to do so would endanger public safety or public health; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich in promoting economic development to permit the city manager to suspend the application of Section 4-8 of the Code of Ordinances when as to a property the city manager determines that to do so will permit restoration as an improvement of the property on which municipal taxes are delinquent, will stabilize or increase the value of the property, and is reasonably likely to result in a payment of any delinquent taxes owed on said property. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 4-8 of the Norwich Code of Ordinances entitled “Issuance or Approval of a Building Application Contingent on the Payment of Taxes” be and hereby is amended as follows: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 Sec. 4-8. Issuance or approval of a building application contingent on the payment of taxes. No building application, including but not limited to, any building permit or any certificate of occupancy shall be issued, and no application for a subdivision shall be approved, when municipal taxes for the property for which an application is made are delinquent; except that: [1] approval and issuance shall not be withheld in the case of a building permit when in the opinion of the building official to do so would endanger public safety or public health or [2] when in the opinion of the city manager the issuance of a building permit, certificate of occupancy or the acceptance of other building application will result in the payment of delinquent taxes due on said property and will be reasonably likely to permit stabilization of the property or an increase to the value of said property. In such instance he shall advise the building official of his determination and the building official may issue any building permit or any certificate of occupancy as he determines to be required and appropriate. Nothing contained herein however, shall authorize the city manager to suspend the provisions of Section 4-8 so as to permit the approval of an application for a subdivision of property on which taxes are delinquent. President Pro Tem Nystrom motioned, seconded by Ald. Philbrick, to adopt the above ordinance introduced by Mayor Hinchey and Ald. Gould. The above ordinance passed on a roll call vote of 7-0. Mayor Hinchey called for the second reading and action on AN ORDINANCE EXEMPTING IGLESIA HISPANA DE NORWICH FROM THE PAYMENT OF TAXES ON CERTAIN PROPERTY LOCATED AT 230 HUNTERS ROAD Upon a motion of Ald. Martin, seconded by Ald. Gould, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this ordinance being given its second reading. AN ORDINANCE EXEMPTING IGLESIA HISPANA DE NORWICH FROM THE PAYMENT OF TAXES ON CERTAIN PROPERTY LOCATED AT 230 HUNTERS ROAD WHEREAS, that certain property located at 230 Hunters Road, Norwich, Connecticut was purchased by Iglesia Hispana De Norwich on April 8, 2016 to be used for charitable purposes; and, WHEREAS, said property since April 8, 2016 has been used for charitable purposes by Iglesia Hispana De Norwich; and, WHEREAS, said property was tax exempt as a religious organization prior to the current owners purchase of said property; and, WHEREAS, the tax assessor pro-rated taxes on the October 1, 2015 Grand List in the amount of $10,587.02, which represented taxes owed from the date of acquisition to September 30, 2017; and, 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 WHEREAS, said property owners have applied for tax exempt status with the Assessor, in accordance with Connecticut General Statutes, Sections 12-81 and 12-87 as a charitable organization; and, WHEREAS, said property would not be tax exempt on the Grand List of October 1, 2015; and, WHEREAS, the tax assessor has approved the property owners application for tax exempt status, thereby making them tax exempt from the date of acquisition; and, WHEREAS, Connecticut General Statute Section 12-81(b) provides that any municipality may, by ordinance, provide that the property tax exemption authorized by any of subdivisions (7-16), inclusive, of section 12-81 shall be effective as of the date of acquisition of the property to which the exemption applies and shall, in such ordinance, provide procedure for reimbursement of the tax-exempt organization for any tax paid by it for a period subsequent to said date; and, WHEREAS, Connecticut General Statute Section 12-81(7) provides that real property, owned by an corporation organized exclusively for charitable purposes and used for charitable purposes, shall be exempt from taxation; and, WHEREAS, if Iglesia Hispana De Norwich paid the taxes, it would be entitled to a reimbursement in the amount of $10,587.92; and, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that such property at 230 Hunters Road be and hereby is exempted from the payment of any real estate taxes, interest or penalty due on the Grand List of October 1, 2015, or until said premises are no longer used by Iglesia Hispana De Norwich for charitable purposes and if said taxes in the amount of $10,587.92 are paid by Iglesia Hispana De Norwich, the City of Norwich shall reimburse Iglesia Hispana De Norwich for any City of Norwich real estate taxes paid by it on the Grand List of October 1, 2015 for the period subsequent to April 8, 2016; which reimbursement shall be in the sum of $10,587.92. Ald. Philbrick motioned, seconded by Ald. Gould, to adopt the above ordinance introduced by Mayor Hinchey and City Manager Salomone. The above ordinance passed on a roll call vote of 7-0. Upon a motion of Ald. Gould, seconded by Ald. Martin, it was unanimously voted to accept the below report from the Commission on the City Plan per Chapter XV Section 4 of the City Charter relative to a resolution to provide an easement to Algonquin Gas Transmission LLC for a permanent right of way and easement over 145 Old Salem Road for the purpose of constructing and maintaining an expanded gate station. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 Upon a motion of Ald. Martin, seconded by Ald. Gould, it was unanimously voted to accept the letter of resignation by Erin M Wood from the Youth Advisory Board with regret and thanking her for her service. City Manager’s Report: To: Mayor Hinchey and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: November 7, 2016 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 I continue to meet with the Unions regarding contract negotiations which are ongoing. The Mayor and I meet on a weekly basis. We have discussed the blighted downtown buildings and have had requests to meet from 2 separate concerned property owners regarding the Rt. 82 proposed roundabouts. I am happy to inform you that at the SEAT Meeting on October 18th, the proposal to move the Parking Commission into the Intermodal Transportation Center was approved. I met with Paul Schroder and Marc Shegoski of the Personnel and Pension Board. My monthly staff meeting with department heads was held. Round Table Discussion included Ryan Thompson, Public Works Director stating employees are now offered training on 5 different pieces of equipment which helps prepare them for promotional opportunities. Leanne Gomes informed the group that the Recreation Department is holding its First Annual Norwich Basketball Turkey Tourney, November 19-20 at NFA. Proceeds will benefit the Recreation Department. I attended NCDC Special Meeting that was called due to the fire at their new location on Franklin Street. They are back up and running, thanks to Norwich Fire Department for their quick response I met with the Mayor and Superintendent Abby Dolliver regarding school facilities. It was decided to have a goal setting meeting with Decision Point (facilitator), the Board of Education, and City Council at Kelly Middle School on November 17. Michael Gualtieri, City Treasurer has provided me with copies of the Financial Management Policy and Declared Depository Review & Checklist along with 1st quarter financials ended 9-30-16 for your review. I met with staff regarding the CT Working Cities Challenge grant process to determine the cities next step in the process. The Mayor and I and city staff meet with State DOT officials to dis cuss Rt. 82 and Chelsea Harbor Drive and old agreements between the city and state regarding snow removal, trash issues and weeds on state roads. I attended the Governors Emergency Preparedness Drill that was held at the Emergency Operations Center at Norwich Public Utilities on November 2nd and the monthly NPU Utility City Coordination Meeting the following day. My assistant, Jacquie Barbarossa attended Facebook training at Miranda Creative and has been posting and monitoring the City’s pages - followers are up. She also assisted in the interview and hiring process for contracted recording secretaries for various commissions. Tia Michaud and Ivery Stakley, both Norwich residents, have joined the current recording secretary, Melinda Wilson. All met on October 25th and were supplied handouts for FOI, job descriptions and recording secretary schedules. Thank you to Sue Dubb, Public Health Nurse from Uncas Health. A flu clinic for employees was held October 19th. Twenty four employees participated which was coordinated by my assistant and the Humans Resources Department. Upon a motion of Ald. Martin, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 WHEREAS, the property owners listed below want to participate in a cost sharing program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: granite curbing and concrete sidewalks will be constructed at the following locations where the property owners will pay for an assessment for the cost of the sidewalks and the City of Norwich will pay for the cost of the curbing and miscellaneous items. Name Address Owners Cost Patricia N. Gerfin 97 McKinley Avenue $ 2,250.00 Laura & Michael Lieske 28 Division Street $ 2,525.00 67 Crescent St. LLC 67 Crescent Street $ 7,070.56 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Construction Account #81000 and the Special Assessment Fund, Fund #40000. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $8,120.00. Upon a motion of President Pro Tem Nystrom, seconded by Ald. Philbrick, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. WHEREAS, the City of Norwich, acting by and through the Norwich Department of Public Utilities, owns and has utilized certain property identified as 145 Old Salem Road located off Salem Turnpike for gas services and has been requested to provide an Easement to Algonquin Gas Transmission LLC providing it a permanent right of way and easement over said property for the purpose of constructing and maintaining an expanded gate station thereon thereby allowing improved natural gas services for the City of Norwich through the Algonquin Transmission System; and WHEREAS, Exhibit A, attached hereto, depicts the location where the proposed easement is to be granted; and WHEREAS, the Board of Public Utilities Commissioners has authorized John Bilda, General Manager of the Norwich Department of Public Utilities, to execute such documents and agreements as are necessary to grant such easement; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich that such easement as described herein be granted to Algonquin Gas Transmission LLC to permit the expansion of a gate station and the installation and maintenance of necessary pipes and equipment to permit the functioning thereof. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that, City Manager John Salomone and/or Norwich Public Utilities General Manager John Bilda be and hereby are authorized on behalf of the City of Norwich to enter into a Grant of Easement with Algonquin Gas Transmission Inc. as described 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 herein and, subject to the approval of the corporation counsel, to execute such documents as are requested by Algonquin Gas Transmission LLC for this purpose. 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 Mayor Hinchey called for citizen comment on resolutions. Marvin Serruto, 100 Star St, spoke in favor of resolution #8 and stated lets maintain frugality. Douglas Schwartz, PO Box 7274, Groton, stated he is a Groton utilities rate payer and concerned about events that happened involving CMEEC. Brian Kobylarz, 16 Hobart Ave, applauded resolution #8 being brought forward and stated that all the different organization’s owned by Norwich should play by the same rules. Rodney Bowie, 62 Roosevelt Ave, stated on resolution #8 “it is the appearance” of doing something wrong and be on guard to protect ones reputation. Shiela Hayes, 288 Central Ave, spoke on resolution #8 and stated that it’s premature to focus just on ethics. She asked when the last time board training in general was offered and stated its about perception. David Crabb, 47 Prospect St, spoke in opposition of resolution #5 and asked to make the contingency fund whole by putting the CDBG money back in that fund. He also felt resolution #8 is a halfhearted effort. Mayor Hinchey declared citizen comment closed. Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to suspend the rules to change the agenda in order to act on resolution #7 first. Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock and Gould. WHEREAS, the City of Norwich and the Southeastern Connecticut Regional Resources Recovery Authority entered into an Agreement made and dated as of November 13, 1985 to provide solid waste management services for the City of Norwich; and WHEREAS, said Agreement has been amended three (3) times, most recently on January 31, 2013 to extend the Agreement to and through February 17, 2017; and WHEREAS, the City of Norwich and the Southeastern Connecticut Regional Resources Recovery Authority proposed to extend the Agreement through June 30, 2027 in accordance with a Fourth Amendment to Agreement, a copy of which is attached hereto as Exhibit A; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to enter into said Fourth Amendment to the Agreement. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone be and hereby is authorized and directed, to enter into such Agreement on behalf of the City of Norwich including the execution of sufficient copies and to arrange to deliver and receive the same. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 Upon a motion of Ald. Nash, seconded by Ald. Martin, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock and Gould. BE IT RESOLVED that the below named be appointed as an alternate member of the Senior Affairs Commission with a term to expire on September 01, 2017 or until a successor is appointed: Laurieann M. Messore (U) Upon a motion of Ald. Philbrick, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock and Gould. BE IT RESOLVED that the below named be appointed as an alternate member of the Commission on the City Plan with a term to expire on February 28, 2017 or until a successor is appointed: Jason M. Arndt (L) 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock and Gould. BE IT RESOLVED that the below named be appointed as a regular member of the Historic District Commission with a term to expire on December 31, 2018 or until a successor is appointed: Richard D. Guidebeck (R) Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock. Upon a motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. WHEREAS, pursuant to Connecticut General Statutes (CGS) §4-66(c), the Connecticut Department of Economic and Community Development is authorized to extend financial assistance for economic development projects; and WHEREAS, it is desirable and in the public interest that the City of Norwich make an application to the State for $85,000 in order to undertake Norwich Fire Department Storage Facility and Other Improvements project and to execute an Assistance Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, 1. That it is cognizant of the conditions and prerequisites for the state financial assistance imposed by CGS §4-66(c). 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 7, 2016 2. That the filing of an application for State financial assistance by the City of Norwich in an amount not to exceed $85,000 is hereby approved and that City Manager John Salomone is directed to execute and file such application with the Connecticut Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required, to execute an Assistance Agreement with the State of Connecticut for State financial assistance if such an agreement is offered, to execute any amendments, decisions, and revisions thereto, and to act as the authorized representative of the City of Norwich. Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. Upon a motion of Ald. Nash, seconded by Ald. Martin, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nystrom and Ald. Martin. WHEREAS, the Council of the City of Norwich believes it to be in the best interest of the City of Norwich that all officers, officials and employees of the City of Norwich, including members of all departments, boards, commissions or other agencies of the City of Norwich, to include the city council, receive a copy of the Code of Ethics for the City of Norwich at the time of election, hire or appointment and that some form of periodic ethics training is appropriate. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone be and hereby requested, assisted by such individuals and utilizing such resources as he may deem appropriate to continue a program of ethics training for all officers, officials or employees of the city including members of all departments, boards, commissions, committees or other agencies of the city including the city council to be given at the time of their initial involvement with the city and periodically thereafter. Upon a motion of Ald. Martin, seconded by Ald. Nash, it was unanimously voted to adjourn at 8:40 pm. CITY CLERK 15