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City Council

Regular Meeting

Norwich, CT · February 5, 2018

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 The regular meeting of the Council of the City of Norwich was held February 5, 2018, at 7:30 PM in Council Chambers. Present: Mayor Nystrom, Ald. Nash, Gould, Philbrick, DeLucia, Browning and Burnham. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Browning read the opening prayer and Ald. Philbrick led the members in the Pledge of Allegiance. Upon a motion of Ald. Philbrick, seconded by Ald. Gould, it was unanimously voted to adopt the minutes of January 2 and 16, 2018. Mayor Nystrom called for a Public Hearing on AN ORDINANCE TO AMEND PORTIONS OF ORDINANCE NO. 1762 CODIFIED AS SECTION 2-23 – NORWICH RATEPAYER REPRESENTATIVE TO CMEEC Speaking in favor: Brian Kobylarz, 16 Hobart Ave, spoke in favor of the amendment as presented stating it is an opportunity to codify previous issues so they don’t happen again and remember why we have this position. He also talked about being current on NPU bills (which aren’t public) and if in arrears could be used as leverage over the representative. Speaking in opposition: There were no speakers. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for the second reading and action on AN ORDINANCE TO AMEND PORTIONS OF ORDINANCE NO. 1762 CODIFIED AS SECTION 2-23 – NORWICH RATEPAYER REPRESENTATIVE TO CMEEC Upon a motion Ald. Browning, seconded by Ald. Burnham, to substitute the following ordinance introduced by Ald. Browning at this meeting (not on originally attached agenda). AN ORDINANCE TO AMEND PORTIONS of ORDINANCE NO. 1762 CODIFIED AS SECTION 2-23 – NORWICH RATEPAYER REPRESENTATIVE TO CMEEC NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Ordinance No. 1762 codified as section 2-23 of the Norwich Code of Ordinances be and hereby is amended as follows: 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 Section 2-23 - Norwich Ratepayer Representative to CMEEC (a) Purpose The position of a municipal representative for the City of Norwich to be made pursuant to Public Act No. 17-73, amending Connecticut General Statute (“C.G.S.”) §7-233c of Chapter 101a of the C.G.S., effective October 1, 2017, is hereby established by the Council of the City of Norwich to provide for additional representation for the City of Norwich on the governing body of the Connecticut Municipal Electric Energy Cooperative. This representative shall be appointed to the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative by the Council of the City of Norwich by a resolution duly adopted and the position shall be titled the “Norwich Ratepayer Representative to CMEEC.” The purpose of this Ordinance is to establish the position of “Norwich Ratepayer Representative to the Connecticut Municipal Electric Energy Cooperative (CMEEC)” pursuant to Public Act No. 17-73. The Council of the City of Norwich hereby establishes said position of the purpose of appointing a representative to serve on the CMEEC managing body charged with assisting the CMEEC managing body in carrying out its corporate purposes and powers and who will, consistent with his or her fiduciary duties to CMEEC, keep the Norwich City Council appraised of the activities, performance, and condition of CMEEC and its programs. (b) Qualifications Any person to be appointed to the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative by the Council of the City of Norwich (the Norwich Ratepayer Representative to CMEEC) shall be: 1) An elector of the City of Norwich; 2) A residential or commercial ratepayer of Norwich Public Utilities, who, at the time of appointment, owes only current residential or commercial utility charges to Norwich Public Utilities and is not delinquent in the payment of any such charges; 3) An individual who does not hold other official positions in and is not employed by (a) the governing body of Norwich Public Utilities; (b) the City of Norwich; (c) the governing body of any other municipal electric utility which is a member of the CMEEC; (d) any municipality in which any other member municipal electric utility operates, or (e) The Connecticut Municipal Electric Energy Cooperative or any other municipal electric energy cooperative; 4) The qualifications primarily to be considered for the Norwich Ratepayer Representative to CMEEC shall include: a) Professional or other expertise likely to be of assistance to the cooperative utility board in formulating opinions and directions relative to electric procurement and electrical generation strategy, contracting and management; and 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 b) The ability to represent residential and commercial ratepayers of Norwich Public Utilities; and c) The possession of adequate availability, time, and resources to permit preparation and participation in proceedings on the cooperative utility board of CMEEC; and 5) Any Norwich Ratepayer Representative to CMEEC who shall cease to possess any of the qualifications enumerated in subsections 1), 2), and 3) herein shall forthwith forfeit the office, which shall be deemed vacant and the vacancy shall be filled by the Council of the City of Norwich for the unexpired term. (b) Qualifications for Appointment or Continuation Any person to be appointed to the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative by the Council of the City of Norwich (the Norwich Ratepayer Representative to CMEEC) shall be: 1) An elector of the City of Norwich; 2) A residential or commercial ratepayer of Norwich Public Utilities; 3) In addition, no person shall be appointed, or shall continue to serve, as the Norwich Ratepayer Representative if he or she is an official or employee of: (i) NPU, or CMEEC: (ii) the City of Norwich; (iii) any other municipality served by a CMEEC member utility; or (iv) any other CMEEC member utility. 4) The qualifications to be considered when appointing an individual to serve as a Norwich Ratepayer Representative to CMEEC shall include: a) Professional or other expertise that would allow the individual to understand and effectively participate in CMEEC managerial decisions; and b) Knowledge of the standards of good conduct ethics that govern the operation and management of nonprofit organizations such as CMEEC; and c) The ability to represent residential and commercial ratepayers of Norwich Public Utilities; and d) The ability to commit sufficient time and resources to prepare for, and effectively participate in the proceedings of the cooperative utility board of CMEEC. 5) If during his or her term of appointment, the Norwich Ratepayer Representative to CMEEC shall cease to possess any of the qualifications required for appointment, he or she shall inform the Mayor and the City Manager in writing and a successor shall be appointed at the Council’s earliest opportunity to fill out the remainder of their expired 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 term. If necessary, pursuant to Public Act No. 17-73, the Norwich Ratepayer Representative may also be removed by the Council of the City of Norwich, with, or without cause, by majority vote. (6) Any Norwich Ratepayer Representative, following initial appointment by the Council of the City of Norwich, shall be required to take and successfully complete the ethics training program then offered to and required of city department heads appointed by the city manager prior to attending any meeting of the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative as the Norwich Ratepayer Representative, and shall be subject to applicable requirements as to additional or continuous ethics training required of such department heads while serving as the Norwich Ratepayer Representative. (c) Term of Office and Method of Appointment The Norwich Ratepayer Representative to CMEEC shall be appointed by the Council of the City of Norwich to a two year term commencing as of January 15, 2018 and biennially thereafter. No person shall serve more than five consecutive terms as the Norwich Ratepayer Representative. The same person may be reappointed to additional terms. (d) Duties and Responsibilities The Norwich Ratepayer Representative to CMEEC shall exercise all powers and carry out all duties and responsibilities established and provided for in Chapter 101a of the Connecticut General Statutes as amended by P.A. No. 17-73 and as they may be amended from time to time. Consistent with his or her fiduciary duties as a member of the managing board of CMEEC, the Norwich Ratepayer Representative shall provide the Norwich City Council with a quarterly report describing the activities, performance, and condition of CMEEC and its programs as they relate to the City of Norwich. The Ratepayer Representative may communicate with the Council more frequently, or by invitation of the Mayor. The Ratepayer Representative may coordinate with the Mayor, City Manager and Corporation Counsel in preparing the quarterly report, but the report shall be the work product of the Norwich Ratepayer Representative. (e) Compensation and Reimbursement The Norwich Ratepayer Representative to CMEEC may receive such salary or compensation and expense reimbursement as may be determined by the CMEEC by-laws for each meeting of the cooperative utility board or committee thereof actually attended, or as otherwise may be provided for in said by-laws or this ordinance, and said sum shall be payment in full for such services. Such representatives shall receive no salary, compensation or expense reimbursement from the City of Norwich. Any conflicting ordinances of the City of Norwich notwithstanding, CMEEC may reimburse such representatives for expenses for travel, both within and without the state, incurred in connection with services as a designated representative on such board. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 (f) Effective Date This ordinance shall take effect ten (10) days following its publication in a newspaper having general circulation in the City of Norwich following passage. The above amended ordinance fails on a roll call vote of 3-4 with Mayor Nystrom, President Pro Tem Nash, Ald. Gould and Philbrick voting in opposition. Upon motion of Ald. Browning, seconded by Ald. DeLucia, it was voted to put the following ordinance introduced by Ald. Browning on the floor: AN ORDINANCE TO AMEND PORTIONS of ORDINANCE NO. 1762 CODIFIED AS SECTION 2-23 – NORWICH RATEPAYER REPRESENTATIVE TO CMEEC NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Ordinance No. 1762 codified as section 2-23 of the Norwich Code of Ordinances be and hereby is amended as follows: Section 2-23 - Norwich Ratepayer Representative to CMEEC (a) Purpose The position of a municipal representative for the City of Norwich to be made pursuant to Public Act No. 17-73, amending Connecticut General Statute (“C.G.S.”) §7-233c of Chapter 101a of the C.G.S., effective October 1, 2017, is hereby established by the Council of the City of Norwich to provide for additional representation for the City of Norwich on the governing body of the Connecticut Municipal Electric Energy Cooperative. This representative shall be appointed to the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative by the Council of the City of Norwich by a resolution duly adopted and the position shall be titled the “Norwich Ratepayer Representative to CMEEC.” The purpose of this Ordinance is to establish the position of “Norwich Ratepayer Representative to the Connecticut Municipal Electric Energy Cooperative (CMEEC)” pursuant to Public Act No. 17-73. The Council of the City of Norwich hereby establishes said position of the purpose of appointing a representative to serve on the CMEEC managing body charged with assisting the CMEEC managing body in carrying out its corporate purposes and powers and who will, consistent with his or her fiduciary duties to CMEEC, keep the Norwich City Council appraised of the activities, performance, and condition of CMEEC and its programs. (b) Qualifications Any person to be appointed to the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative by the Council of the City of Norwich (the Norwich Ratepayer Representative to CMEEC) shall be: 1) An elector of the City of Norwich; 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 2) A residential or commercial ratepayer of Norwich Public Utilities, who, at the time of appointment, owes only current residential or commercial utility charges to Norwich Public Utilities and is not delinquent in the payment of any such charges; 3) An individual who does not hold other official positions in and is not employed by (a) the governing body of Norwich Public Utilities; (b) the City of Norwich; (c) the governing body of any other municipal electric utility which is a member of the CMEEC; (d) any municipality in which any other member municipal electric utility operates, or (e) The Connecticut Municipal Electric Energy Cooperative or any other municipal electric energy cooperative; 4) The qualifications primarily to be considered for the Norwich Ratepayer Representative to CMEEC shall include: a) Professional or other expertise likely to be of assistance to the cooperative utility board in formulating opinions and directions relative to electric procurement and electrical generation strategy, contracting and management; and b) The ability to represent residential and commercial ratepayers of Norwich Public Utilities; and c) The possession of adequate availability, time, and resources to permit preparation and participation in proceedings on the cooperative utility board of CMEEC; and 5) Any Norwich Ratepayer Representative to CMEEC who shall cease to possess any of the qualifications enumerated in subsections 1), 2), and 3) herein shall forthwith forfeit the office, which shall be deemed vacant and the vacancy shall be filled by the Council of the City of Norwich for the unexpired term. (6) Any Norwich Ratepayer Representative, following initial appointment by the Council of the City of Norwich, shall be required to take and successfully complete the ethics training program then offered to and required of city department heads appointed by the city manager prior to attending any meeting of the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative as the Norwich Ratepayer Representative, and shall be subject to applicable requirements as to additional or continuous ethics training required of such department heads while serving as the Norwich Ratepayer Representative. (b) Qualifications for Appointment or Continuation 1) No person shall be appointed to, or shall continue to serve as the Norwich Ratepayer Representative to CMEEC unless he or she is: (i) an elector of the City of Norwich; and (ii) a residential or commercial ratepayer of Norwich Public Utilities; 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 2) In addition, no person shall be appointed, or shall continue to serve, as the Norwich Ratepayer Representative if he or she is an official or employee of: (i) NPU, or CMEEC; (ii) the City of Norwich; (iii) any other municipality served by a CMEEC member utility; or (iv)any other CMEEC member utility. 3) The qualifications to be considered when appointing an individual to serve as a Norwich Ratepayer Representative to CMEEC shall include: a) Professional or other expertise that would allow the individual to understand and effectively participate in CMEEC managerial decisions; and b) Knowledge of the standards of good conduct ethics that govern the operation and management of nonprofit organizations such as CMEEC; and c) The ability to represent residential and commercial ratepayers of Norwich Public Utilities; and d) The ability to commit sufficient time to prepare for, and effectively participate in the proceedings of the cooperative utility board of CMEEC. 4) If during his or her term of appointment, the Norwich Ratepayer Representative to CMEEC shall cease to possess any of the qualifications required for appointment, he or she shall inform the Mayor and the City Manager in writing and a successor shall be appointed at the Council’s earliest opportunity to fill out the remainder of their expired term. If necessary, pursuant to Public Act No. 17-73, the Norwich Ratepayer Representative may also be removed by the Council of the City of Norwich, with, or without cause, by majority vote. (c) Term of Office and Method of Appointment The Norwich Ratepayer Representative to CMEEC shall be appointed by the Council of the City of Norwich to a two year term commencing as of January 15, 2018 and biennially thereafter. No person shall serve more than five consecutive terms as the Norwich Ratepayer Representative. The same person may be reappointed to additional terms. (d) Duties and Responsibilities The Norwich Ratepayer Representative to CMEEC shall exercise all powers and carry out all duties and responsibilities established and provided for in Chapter 101a of the Connecticut General Statutes as amended by P.A. No. 17-73 and as they may be amended from time to time. Consistent with his or her fiduciary duties as a member of the managing board of CMEEC, the Norwich Ratepayer Representative shall provide the Norwich City Council with an annual report describing the activities, performance, and condition of CMEEC and its programs as they relate to the City of Norwich. The Ratepayer Representative may coordinate with the 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 Mayor, City Manager and Corporation Counsel in preparing the quarterly report, but the report shall be the work product of the Norwich Ratepayer Representative. (e) Compensation and Reimbursement The Norwich Ratepayer Representative to CMEEC may receive such salary or compensation and expense reimbursement as may be determined by the CMEEC by-laws for each meeting of the cooperative utility board or committee thereof actually attended, or as otherwise may be provided for in said by-laws or this ordinance, and said sum shall be payment in full for such services. Such representatives shall receive no salary, compensation or expense reimbursement from the City of Norwich. Any conflicting ordinances of the City of Norwich notwithstanding, CMEEC may reimburse such representatives for expenses for travel, both within and without the state, incurred in connection with services as a designated representative on such board. (f) Effective Date This ordinance shall take effect ten (10) days following its publication in a newspaper having general circulation in the City of Norwich following passage. The above amended ordinance (introduced on January 16, 2018) fails on a roll call vote of 3-4 with Mayor Nystrom, President Pro Tem Nash, Ald. Gould and Philbrick voting in opposition. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to accept the letter from the chairman regarding Philip Kiley being removed from the Inland Wetland, Water Courses and Conservation Commission and thanking him for his service. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to accept the letter of resignation from Pamela Muccilli from the Norwich Historic District and thanking her for her service. City Managers Report: To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: February 5, 2018 I met with Fawn Walker and Devan Schliedt from NPU regarding a checklist for developers looking to start a business in Norwich. They will be meeting with departments throughout the City. I also met with staff and representatives of the Norwich Baseball Stadium Authority regarding capital improvements. I attended the monthly SECCOG and SEAT meetings on January 17th. I met with staff and members of the Volunteer Fire Departments regarding the upcoming purchase of the five new trucks and had my monthly staff meeting with department heads. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 The Goal setting session for the City Council and invited department heads was held on Saturday, January 20th at Foundry 66. The full day meeting comprised of a listing of the City’s Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis. Jim O’Shea, the facilitator is in the process of compiling the information along with my assistant which will then be discussed with the Council at a future date. The Mayor and I met with Bill Champagne and Regan Miner of the Norwich Historical Society. They informed us that the Historical Society is applying for Norwich to be a Preserve America Community. This designation would allow the City to apply for grants to enhance heritage tourism. Preserve America is a national program and more information and a resolution will be forthcoming to the Council. Police Arbitration was held on January 23rd. I met with Senator Osten and our legislators per her request regarding potential funding for various capital projects. I attended a Concepts and Objectives meeting for the Millstone Host Community Drill that is scheduled for November 17th 2018, which was hosted by Chief Scandariato. Members from the Department of Emergency Management and Homeland Security, Norwich Public Schools, Norwich Fire Administration and Operations staff and the Chief of East Great Plain Volunteer Fire Department were also in attendance. The official planning meeting to start the preparation process for the drill will be held sometime in May. Congratulations to Lieutenant Timothy Rykowski and Sergeant Avery Marsh who were promoted at the Swearing-In Ceremony held on January 25th. Mayor Nystrom called for citizen comment. Rodney Bowie, 62 Roosevelt Ave, spoke in regard to resolution #1 and asked if anyone read the report. He also stated regarding resolution #5 that members of the boards should represent the people of the City. David Crabb, 47 Prospect St, asked to table resolution #1 and spoke on resolution #6. Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Burnham, seconded by Ald. Gould, it was unanimously voted to table the following resolution until February 20, 2018 introduced by Mayor Nystrom and Ald. Browning. WHEREAS, the City of Norwich has historically experienced severe damage from natural hazards and it continues to be vulnerable to the effects of those natural hazards profiled in the plan (e.g. flooding, high wind, thunderstorms, winter storms, earthquakes, dam failure, and wildfires), resulting in loss of property and life, economic hardship, and threats to public health and safety; and WHEREAS, the Southeastern Connecticut Council of Governments, of whom the City of Norwich is a member, has developed and received conditional approval from the Federal Emergency Management Agency (FEMA) for its Hazard Mitigation Plan Update, 2017 under the requirements of 44 CFR 201.6; and 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 WHEREAS, committee meetings were held and public input was sought in 2016 and 2017 regarding the development and review of the Hazard Mitigation Plan Update, 2017; and WHEREAS, the Norwich City Council approved the previous version of the Plan in 2012; and WHEREAS, the Plan specifically addresses hazard mitigation strategies and Plan maintenance procedures for the City of Norwich; and WHEREAS, the Plan recommends several hazard mitigation actions that will provide mitigation for specific natural hazards that impact the City of Norwich, with the effect of protecting people and property from loss associated with those hazards; and WHEREAS, adoption of this Plan will make the City of Norwich eligible for funding to alleviate the impacts of future hazards. Now therefore be it RESOLVED by the Council of the City of Norwich that: 1. The Plan is hereby adopted as an official plan of the City of Norwich; 2. The respective officials identified in the mitigation strategy of the Plan are hereby directed to pursue implementation of the recommended actions assigned to them; 3. Future revisions and Plan maintenance required by 44 CFR 201.6 and FEMA are hereby adopted as a part of this resolution for a period of five (5) years from the date of this resolution. 4. An annual report on the progress of the implementation elements of the Plan shall be presented to the City Council. Upon a motion of Ald. DeLucia, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. WHEREAS, the City Manager John L. Salomone, has appointed with Council approval as a regular member of the Inland Wetlands, Water Courses and Conservation Commission for a term to expire on June 15, 2019 or until a successor is appointed: Robert McCoy (U) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby acknowledges the appointments of the above named to the Inland Wetlands, Water Courses and Conservation Commission. Upon a motion of Ald. Gould, seconded by Ald. Philbrick, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and Ald. Gould. Relative to appointing a certified public accounting firm to perform the regular general audit for fiscal year 2017-2018 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 WHEREAS, the Finance Department selected the proposal by the certified public accounting firm of Blum, Shapiro & Company, P.C. with request for proposals number 18-08 to perform the audits for the fiscal years ending June 30th 2018 through 2022; and WHEREAS, Connecticut General Statutes §§7-391 through 397 require each municipality to file financial statements prepared in accordance with generally accepted accounting principles and audited by an independent public accountant in accordance with generally accepted auditing standards by December 31st; unless an extension is granted by the Connecticut Office of Policy & Management; and WHEREAS, the independent auditor must be appointed by the “appointing authority” on or before May 31st; and WHEREAS, the Council of the City of Norwich is the appointing authority for the City of Norwich. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the accounting firm of Blum, Shapiro & Company, P.C. be and hereby is, appointed to perform the regular general audit for the City of Norwich for fiscal year 2017-2018. Upon a motion of Ald. Philbrick, seconded by Ald. Burnham, it was unanimously voted to adopt the following resolution introduced by Ald. Gould. WHEREAS, prior councils of the City of Norwich have from time to time established committees for specific or general purposes which committees have completed their assignment, or become inactive and there appears to be no present reason to re-establish the same; and WHEREAS, city records continue to list a number of these committees although they are no longer functioning actively. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the following committees, having completed their assignment or having become inactive with the passing of time are hereby abolished and discharged of further responsibility and duty, and that the council extends its appreciation to all who served on the same: 1) 631 West Main Street Committee of Sale established by resolution dated March 3, 2014; 2) Dodd Stadium Committee established by resolution dated October 5, 2009 to report to the council by November 16, 2009 considering the process selecting a baseball team to lease Dodd Stadium; 3) Select Committee of Inquiry established by the council by resolution dated April 17, 2017 and having submitted its report to the council; 4) 751 North Main Street Committee established by resolution adopted March 16, 2009; 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 5) Downtown Coordinating Committee established by resolution adopted January 7, 2013; 6) Sustainable Energy Sources Committee established by resolution adopted July 19, 2010 Upon a motion of Ald. DeLucia, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Philbrick and DeLucia. BE IT RESOLVED that the below named be reappointed as regular members to the Board of Appeals (Building Code) with a term to expire on January 7, 2020 or until a successor is appointed: Scott Barbarossa (D) Thomas Cummings (D) BE IT FURTHER RESOLVED that the below named be appointed as a regular member to the Board of Appeals (Building Code) with a term to expire on January 7, 2020 or until a successor is appointed: Henry Olender, Jr. (U) Upon a motion of Ald. DeLucia, seconded by Ald. Browning, it was unanimously voted to suspend the rules to change the order of the agenda and go into executive session then take up resolution #6. Upon a motion by Ald. Gould, second by Ald. Philbrick, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200(6), for the purpose of discussing the strategy and negotiations with respect to collective bargaining. The following shall be asked to participate during all or portions of this executive session at the request of the City Council: John Salomone, City Manager; Brigid Marks, Director of Human Resources; Joshua Pothier, Comptroller; and Michael Driscoll, Corporation Counsel. The council was in Executive Session from 8:25 pm to 8:50 pm, at which time Mayor Nystrom stated no votes were taken. Upon a motion of Ald. Gould, seconded by Ald. Philbrick, it was unanimously voted to return to regular session. Upon a motion of Ald. Gould, seconded by Ald. Browning, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and Ald. Browning. WHEREAS, The City of Norwich Administration, the City of Norwich Department of Public Utilities Administration, the Board of Education Administration and a consortium of City and Board of Education bargaining units have negotiated an amendment to the existing labor contracts; and 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 5, 2018 NOW THEREFORE BE IT RESOLVED, that the amendment of the city labor contracts agreed to by the City of Norwich, the City of Norwich Department of Public Utilities, the Board of Education and their respective bargaining units, be and is hereby approved; and BE IT FURTHER RESOLVED, that said amendment applies to the following municipal collective bargaining units: AFSCME Local 2422 City Hall Union, MEUI Local 506 City Hall Supervisors, AFSCME Local 818 Public Works Supervisors, United Steel Workers Local 9411 Public Utilities, AFSCME Local 818 Public Utilities Supervisors, IBEW Local 457 Public Utilities, MEUI Norwich Public Schools Para-educators, MEUI Norwich Public Schools Custodians/Maintainers, AFSCME Norwich Public Schools Administrative Assistants, 1199 SEUI Norwich Public Schools Nurses. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adjourn at 8:53 P.M. City Clerk 13

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH February 5, 2018 7:30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: January 2 and 16, 2018 PUBLIC HEARING 1. AN ORDINANCE TO AMEND PORTIONS OF ORDINANCE NO. 1762 CODIFIED AS SECTION 2-23 – NORWICH RATEPAYER REPRESENTATIVE TO CMEEC SECOND READING AND ACTION ON THE ORDINANCE LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Relative to a letter of removal from Chairman of the Inland Wetlands, Water Courses and Conservation Commission regarding Philip Kiley. 2. Relative to a letter of resignation of Pamela Muccilli from the Norwich Historic District. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to adopting the Hazard Mitigation Plan update, 2017. 2. Relative to an appointment of a regular member to the Inland Wetlands, Water Courses and Conservation Commission. 3. Relative to appointing a certified public accounting firm to perform the regular general audit for fiscal year 2017-2018. 4. Relative to abolish and discharge various City committees. 5. Relative to reappointments to the Board of Appeals (Building Code). 6. Relative to Coalition Bargaining: Amendments to General City Pension. EXECUTIVE SESSION: Collective Bargaining. City Clerk PUBLIC HEARING #1 AN ORDINANCE TO AMEND PORTIONS of ORDINANCE NO. 1762 CODIFIED AS SECTION 2-23 – NORWICH RATEPAYER REPRESENTATIVE TO CMEEC NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Ordinance No. 1762 codified as section 2-23 of the Norwich Code of Ordinances be and hereby is amended as follows: Section 2-23 - Norwich Ratepayer Representative to CMEEC (a) Purpose The position of a municipal representative for the City of Norwich to be made pursuant to Public Act No. 17-73, amending Connecticut General Statute (“C.G.S.”) §7-233c of Chapter 101a of the C.G.S., effective October 1, 2017, is hereby established by the Council of the City of Norwich to provide for additional representation for the City of Norwich on the governing body of the Connecticut Municipal Electric Energy Cooperative. This representative shall be appointed to the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative by the Council of the City of Norwich by a resolution duly adopted and the position shall be titled the “Norwich Ratepayer Representative to CMEEC.” The purpose of this Ordinance is to establish the position of “Norwich Ratepayer Representative to the Connecticut Municipal Electric Energy Cooperative (CMEEC)” pursuant to Public Act No. 17-73. The Council of the City of Norwich hereby establishes said position of the purpose of appointing a representative to serve on the CMEEC managing body charged with assisting the CMEEC managing body in carrying out its corporate purposes and powers and who will, consistent with his or her fiduciary duties to CMEEC, keep the Norwich City Council appraised of the activities, performance, and condition of CMEEC and its programs. (b) Qualifications Any person to be appointed to the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative by the Council of the City of Norwich (the Norwich Ratepayer Representative to CMEEC) shall be: 1) An elector of the City of Norwich; 2) A residential or commercial ratepayer of Norwich Public Utilities, who, at the time of appointment, owes only current residential or commercial utility charges to Norwich Public Utilities and is not delinquent in the payment of any such charges; 3) An individual who does not hold other official positions in and is not employed by (a) the governing body of Norwich Public Utilities; (b) the City of Norwich; (c) the governing body of any other municipal electric utility which is a member of the CMEEC; (d) any municipality in which any other member municipal electric utility operates, or (e) The Connecticut Municipal Electric Energy Cooperative or any other municipal electric energy cooperative; 4) The qualifications primarily to be considered for the Norwich Ratepayer Representative to CMEEC shall include: a) Professional or other expertise likely to be of assistance to the cooperative utility board in formulating opinions and directions relative to electric procurement and electrical generation strategy, contracting and management; and b) The ability to represent residential and commercial ratepayers of Norwich Public Utilities; and c) The possession of adequate availability, time, and resources to permit preparation and participation in proceedings on the cooperative utility board of CMEEC; and 5) Any Norwich Ratepayer Representative to CMEEC who shall cease to possess any of the qualifications enumerated in subsections 1), 2), and 3) herein shall forthwith forfeit the office, which shall be deemed vacant and the vacancy shall be filled by the Council of the City of Norwich for the unexpired term. (6) Any Norwich Ratepayer Representative, following initial appointment by the Council of the City of Norwich, shall be required to take and successfully complete the ethics training program then offered to and required of city department heads appointed by the city manager prior to attending any meeting of the cooperative utility board of the Connecticut Municipal Electric Energy Cooperative as the Norwich Ratepayer Representative, and shall be subject to applicable requirements as to additional or continuous ethics training required of such department heads while serving as the Norwich Ratepayer Representative. (b) Qualifications for Appointment or Continuation 1) No person shall be appointed to, or shall continue to serve as the Norwich Ratepayer Representative to CMEEC unless he or she is: (i) an elector of the City of Norwich; and (ii) a residential or commercial ratepayer of Norwich Public Utilities; 2) In addition, no person shall be appointed, or shall continue to serve, as the Norwich Ratepayer Representative if he or she is an official or employee of: (i) NPU, or CMEEC; (ii) the City of Norwich; (iii) any other municipality served by a CMEEC member utility; or (iv) any other CMEEC member utility. 3) The qualifications to be considered when appointing an individual to serve as a Norwich Ratepayer Representative to CMEEC shall include: a) Professional or other expertise that would allow the individual to understand and effectively participate in CMEEC managerial decisions; and b) Knowledge of the standards of good conduct ethics that govern the operation and management of nonprofit organizations such as CMEEC; and c) The ability to represent residential and commercial ratepayers of Norwich Public Utilities; and d) The ability to commit sufficient time to prepare for, and effectively participate in the proceedings of the cooperative utility board of CMEEC. 4) If during his or her term of appointment, the Norwich Ratepayer Representative to CMEEC shall cease to possess any of the qualifications required for appointment, he or she shall inform the Mayor and the City Manager in writing and a successor shall be appointed at the Council’s earliest opportunity to fill out the remainder of their expired term. If necessary, pursuant to Public Act No. 17-73, the Norwich Ratepayer Representative may also be removed by the Council of the City of Norwich, with, or without cause, by majority vote. (c) Term of Office and Method of Appointment The Norwich Ratepayer Representative to CMEEC shall be appointed by the Council of the City of Norwich to a two year term commencing as of January 15, 2018 and biennially thereafter. No person shall serve more than five consecutive terms as the Norwich Ratepayer Representative. The same person may be reappointed to additional terms. (d) Duties and Responsibilities The Norwich Ratepayer Representative to CMEEC shall exercise all powers and carry out all duties and responsibilities established and provided for in Chapter 101a of the Connecticut General Statutes as amended by P.A. No. 17-73 and as they may be amended from time to time. Consistent with his or her fiduciary duties as a member of the managing board of CMEEC, the Norwich Ratepayer Representative shall provide the Norwich City Council with an annual report describing the activities, performance, and condition of CMEEC and its programs as they relate to the City of Norwich. The Ratepayer Representative may coordinate with the Mayor, City Manager and Corporation Counsel in preparing the quarterly report, but the report shall be the work product of the Norwich Ratepayer Representative. (e) Compensation and Reimbursement The Norwich Ratepayer Representative to CMEEC may receive such salary or compensation and expense reimbursement as may be determined by the CMEEC by- laws for each meeting of the cooperative utility board or committee thereof actually attended, or as otherwise may be provided for in said by-laws or this ordinance, and said sum shall be payment in full for such services. Such representatives shall receive no salary, compensation or expense reimbursement from the City of Norwich. Any conflicting ordinances of the City of Norwich notwithstanding, CMEEC may reimburse such representatives for expenses for travel, both within and without the state, incurred in connection with services as a designated representative on such board. (f) Effective Date This ordinance shall take effect ten (10) days following its publication in a newspaper having general circulation in the City of Norwich following passage. Alderman Samuel Browning IV RESOLUTION #1 WHEREAS, the City of Norwich has historically experienced severe damage from natural hazards and it continues to be vulnerable to the effects of those natural hazards profiled in the plan (e.g. flooding, high wind, thunderstorms, winter storms, earthquakes, dam failure, and wildfires), resulting in loss of property and life, economic hardship, and threats to public health and safety; and WHEREAS, the Southeastern Connecticut Council of Governments, of whom the City of Norwich is a member, has developed and received conditional approval from the Federal Emergency Management Agency (FEMA) for its Hazard Mitigation Plan Update, 2017 under the requirements of 44 CFR 201.6; and WHEREAS, committee meetings were held and public input was sought in 2016 and 2017 regarding the development and review of the Hazard Mitigation Plan Update, 2017; and WHEREAS, the Norwich City Council approved the previous version of the Plan in 2012; and WHEREAS, the Plan specifically addresses hazard mitigation strategies and Plan maintenance procedures for the City of Norwich; and WHEREAS, the Plan recommends several hazard mitigation actions that will provide mitigation for specific natural hazards that impact the City of Norwich, with the effect of protecting people and property from loss associated with those hazards; and WHEREAS, adoption of this Plan will make the City of Norwich eligible for funding to alleviate the impacts of future hazards. Now therefore be it RESOLVED by the Council of the City of Norwich that: 1. The Plan is hereby adopted as an official plan of the City of Norwich; 2. The respective officials identified in the mitigation strategy of the Plan are hereby directed to pursue implementation of the recommended actions assigned to them; 3. Future revisions and Plan maintenance required by 44 CFR 201.6 and FEMA are hereby adopted as a part of this resolution for a period of five (5) years from the date of this resolution. 4. An annual report on the progress of the implementation elements of the Plan shall be presented to the City Council. Mayor Peter A. Nystrom Alderman Samuel Browning IV RESOLUTION #2 WHEREAS, the City Manager John L. Salomone, has appointed with Council approval as a regular member of the Inland Wetlands, Water Courses and Conservation Commission for a term to expire on June 15, 2019 or until a successor is appointed: Robert McCoy (U) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby acknowledges the appointments of the above named to the Inland Wetlands, Water Courses and Conservation Commission. City Manager John L. Salomone RESOLUTION #3 Relative to appointing a certified public accounting firm to perform the regular general audit for fiscal year 2017-2018 WHEREAS, the Finance Department selected the proposal by the certified public accounting firm of Blum, Shapiro & Company, P.C. with request for proposals number 18-08 to perform the audits for the fiscal years ending June 30th 2018 through 2022; and WHEREAS, Connecticut General Statutes §§7-391 through 397 require each municipality to file financial statements prepared in accordance with generally accepted accounting principles and audited by an independent public accountant in accordance with generally accepted auditing standards by December 31st; unless an extension is granted by the Connecticut Office of Policy & Management; and WHEREAS, the independent auditor must be appointed by the “appointing authority” on or before May 31st; and WHEREAS, the Council of the City of Norwich is the appointing authority for the City of Norwich. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the accounting firm of Blum, Shapiro & Company, P.C. be and hereby is, appointed to perform the regular general audit for the City of Norwich for fiscal year 2017-2018. Mayor Peter A. Nystrom Alderwoman Stacy Gould RESOLUTION #4 WHEREAS, prior councils of the City of Norwich have from time to time established committees for specific or general purposes which committees have completed their assignment, or become inactive and there appears to be no present reason to re- establish the same; and WHEREAS, city records continue to list a number of these committees although they are no longer functioning actively. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the following committees, having completed their assignment or having become inactive with the passing of time are hereby abolished and discharged of further responsibility and duty, and that the council extends its appreciation to all who served on the same: 1) 631 West Main Street Committee of Sale established by resolution dated March 3, 2014; 2) Dodd Stadium Committee established by resolution dated October 5, 2009 to report to the council by November 16, 2009 considering the process selecting a baseball team to lease Dodd Stadium; 3) Select Committee of Inquiry established by the council by resolution dated April 17, 2017 and having submitted its report to the council; 4) 751 North Main Street Committee established by resolution adopted March 16, 2009; 5) Downtown Coordinating Committee established by resolution adopted January 7, 2013; 6) Sustainable Energy Sources Committee established by resolution adopted July 19, 2010 Alderwoman Stacy Gould RESOLUTION #5 BE IT RESOLVED that the below named be reappointed as regular members to the Board of Appeals (Building Code) with a term to expire on January 7, 2020 or until a successor is appointed: Scott Barbarossa (D) Thomas Cummings (D) BE IT FURTHER RESOLVED that the below named be appointed as a regular member to the Board of Appeals (Building Code) with a term to expire on January 7, 2020 or until a successor is appointed: Henry Olender, Jr. (U) Alderwoman Stacy Gould Alderwoman Joanne Philbrick Alderman Joseph A. DeLucia RESOLUTION #6 WHEREAS, The City of Norwich Administration, the City of Norwich Department of Public Utilities Administration, the Board of Education Administration and a consortium of City and Board of Education bargaining units have negotiated an amendment to the existing labor contracts; and NOW THEREFORE BE IT RESOLVED, that the amendment of the city labor contracts agreed to by the City of Norwich, the City of Norwich Department of Public Utilities, the Board of Education and their respective bargaining units, be and is hereby approved; and BE IT FURTHER RESOLVED, that said amendment applies to the following municipal collective bargaining units: AFSCME Local 2422 City Hall Union, MEUI Local 506 City Hall Supervisors, AFSCME Local 818 Public Works Supervisors, United Steel Workers Local 9411 Public Utilities, AFSCME Local 818 Public Utilities Supervisors, IBEW Local 457 Public Utilities, MEUI Norwich Public Schools Para-educators, MEUI Norwich Public Schools Custodians/Maintainers, AFSCME Norwich Public Schools Administrative Assistants, 1199 SEUI Norwich Public Schools Nurses. Mayor Peter A. Nystrom Alderman Samuel Browning IV

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