City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 The Regular meeting of the Council of the City of Norwich was held July 2, 2018, at 7:30 PM in Council Chambers. Present: Mayor Nystrom, Ald. Nash, Gould, DeLucia, Browning and Burnham. With Alderwoman Philbrick absent. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. President Pro Tem Nash read the opening prayer and Ald. DeLucia led the members in the Pledge of Allegiance. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adopt the minutes of June 4 and 18, 2018. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Upon a motion by President Pro Tem Nash, 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 to adopt the ordinance below introduced by President Pro Tem Nash. AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF NORWICH, CONTAINED IN THE COMPREHENSIVE PLAN BY ADDING REGULATIONS FOR A VILLAGE DISTRICT OVERLAY AS SECTION 3.10 OF THE ZONING REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the Zoning Regulations of the City of Norwich be and hereby are amended by the addition of a Village District Overlay as Section 3.10 of the Zoning Regulations as hereinafter set forth. 3.10 Village District Overlay (VDO) 3.10.1 Purpose. .1 The Village District Overlay (VDO) is adopted pursuant to the authority of CGS Sec. 8-2j with the purpose to establish Village Districts in areas of distinctive character, landscape or historic value that have been specifically identified in the Norwich Plan of Conservation and Development (POCD). .2 Village Districts are identified in the 2013 Plan of Conservation and Development as a strategy for enhancing Norwich’s physical character (p.38).The POCD recognizes several community nodes as focal points where compatible development may reinforce a sense of place for residents and enhance community character. These include, but are not limited, to Norwichtown, Occum, Thamesville, Greeneville, Bean Hill, Downtown and Taftville. .3 Establishment of village districts will encourage the conversion, conservation and preservation of existing buildings and sites in a manner that maintains the historic or distinctive character of the specific district. 3.10.2 Objectives To protect the distinctive character, landscape and historic structures, the Commission on the City Plan shall regulate, on and after the effective date of these regulations, new construction, substantial reconstruction and rehabilitation of properties within an established village district and in view from public 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 roadways, including, but not limited to, (1) the design and placement of buildings, (2) the maintenance of public views, (3) the design, paving materials and placement of public roadways, and (4) other elements that the commission deems appropriate to maintain and protect the character of the village district. These regulations shall not apply to existing structures used solely for residential purposes. To accomplish these objectives: .1 Buildings, the layout of buildings, and included site improvements shall reinforce existing buildings and streetscape patterns and the placement of buildings and included site improvements shall assure there is no adverse visual effect on the district; .2 The maintenance of historic buildings, monuments, and landscaping shall be encouraged; .3 Proposed streets and walkways shall be connected to the existing district road network, wherever possible; .4 Open spaces within the proposed development shall reinforce open space patterns of the district, in form and siting; .5 Locally significant features of the site such as distinctive buildings, sight lines or vistas from within the district, shall be integrated into the site design; .6 Landscape design shall complement the district's landscape patterns; .7 Exterior signs, site lighting and accessory structures shall support a uniform architectural theme if such a theme exists and be compatible with their surroundings; and .8 The scale, proportions, massing and detailing of any proposed building shall be in proportion to the scale, proportion, massing and detailing in the district. 3.10.3 Village District Design Guidelines. The Council of the City of Norwich shall adopt Village District Design Guidelines following review by the Commission on the City Plan, which may be updated from time to time, by the Council of the City of Norwich to include specific criteria to encourage compatibility for each particular village district. The guidelines shall include design criteria to achieve the compatibility objectives stated in Section 3.10.2. The regulation concerning the exterior structures or sites shall be consistent with the (A) “Connecticut Historical Commission - The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings”, revised through 1990, as amended; or (B) the distinctive characteristics of the district identified in the municipal Plan of Conservation and Development. The regulations shall establish criteria from which a property owner and the commission may make a reasonable determination of what is permitted or encouraged within such district. 3.10.4 General Requirements: Utilizing the Village District Design Guidelines, the following shall be considered in all development proposals: .1 Proposed buildings or modifications to existing buildings shall be harmoniously related to their surroundings, and the terrain in the district and to the use, scale and architectural style of existing 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 buildings in the district that have a functional or visual relationship to a proposed building or modification, .2 All spaces, structures and related site improvements visible from public roadways shall be designed to be compatible with the elements of the area of the village district in and around the proposed building or modification, .3 The color, size, height, location, proportion of openings, roof treatments, building materials and landscaping of commercial or residential property and any proposed signs and lighting shall be evaluated for compatibility with the local architectural motifs and the maintenance of views, historic buildings, monuments and landscaping, and .4 The removal or disruption of historic traditional or significant structures or architectural elements shall be minimized. 3.10.5 Village District Uses: Norwichtown: Bed and breakfasts, as well as current uses within the underlying zones, are allowed in the Norwichtown Village District. The following uses are not permitted in the Norwichtown Village District: .1 Excavation and Earth Removal Operations .2 Large public utility facilities .3 Solar equipment, 1 megawatt (mW) and greater .4 Commercial kennels .5 Boat sales (i.e., display and repair, including sale of marine equipment or products) or Docks, slips, piers, Marina / yacht clubs .6 Motor vehicle fueling stations (NOTE: Repair is a storage occupancy) .7 Motor vehicle retail (e.g., passenger cars, recreation vehicles and mobile homes) .8 Motor Vehicle Repair Garages .9 Car Wash Facility .10 Storage Rental Facility .11 Any exterior storage not shielded from public view .12 3.10.6. Regulated Activities All applications for new construction and substantial reconstruction within the district and in view from public roadways shall be subject to review and recommendation by an architect or architectural firm, landscape architect, or planner who is a member of the American Institute of Certified Planners contracted by the City of Norwich and selected by the Commission on the City Plan and designated as the village district consultant for such application. Alternatively, the Council of the City of Norwich may adopt an ordinance to designate an architectural review board as the village district consultant whose members shall include at least one architect, landscape architect or planner who is a member of the American Institute of Certified Planners. Should the commission hire an outside consultant for review of village district proposals, such services shall be paid by the applicant. 3.10.7 Application Process 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 The City has established a tiered approach to review development proposals based on their complexity. It is at the discretion of the Zoning Enforcement Officer to determine the appropriate tier: Tier 1 Activities: .1 Sign, awning, lighting, public art/historical markers, solid waste, and recycling storage, fire exits, and handicapped access or fence. Tier 2 Activities: .1 Replacement of stairs, accessory buildings, landscaping, minor additions of 200 square feet or less, sidewalks, siding and facades, or window and door replacement. Tier 3 Activities: .1 New structures, major additions of over 200 square feet, new paved parking lots, scale roof- mounted solar systems, and any application or site plan that requires approval from the Commission on the City Plan. .2 All proposals that don’t adhere to Tier 1 or 2 .3 All municipal improvements are automatically Tier 3. 3.10.8 Submission Materials To demonstrate that proposals meet the requirements of the Village District, the following items must be submitted: .1 Tier 1 and 2: submit material specs, spec sheet, simple assessor’s map plot plan, and any other information required to ensure the proposal meets the requirements of the Village District as listed in these regulation Guidelines. .2 Tier 3: submit stamped architectural/ engineering site plans, survey, drawings, models, renderings, and/or perspectives that illustrate the 3-dimensional massing and architectural character of proposed new buildings and/or substantial renovation of existing buildings, including adjacent buildings that are adequate to properly assess the application. .3 The village district consultant or the Zoning Enforcement Officer may request additional materials for permitting. 3.10.9 Review Process .1 The village district consultant shall review all applications and report its suitability findings at the next regular meeting of the Commission of the City Plan or within thirty-five (35) days of receipt of the application. Such report and recommendation shall be considered to render a decision on the village district compatibility. Failure of the village district consultant to report within the specified time shall not alter or delay any other time limit imposed by the regulations. .2 In reviewing village district proposals, recommendations may be sought from any City agency or regional council or outside specialist with which it consults, including, but not limited to, the regional council of governments, the municipality's historical society, Historic District Commission, the Connecticut Trust for Historic Preservation and the University of Connecticut College of Agriculture and Natural Resources. Any reports or recommendations from such councils or organizations shall be entered into the public hearing record. .3 In determining an application for its compatibility, the Commission on the City Plan shall state upon the record the reasons for its decision. If a commission denies an application, the reason for the 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 denial shall cite the specific regulations under which the application was denied. Notice of the decision for Village District applications shall be published in a newspaper having a substantial circulation in the municipality. An approval shall become effective in accordance with subsection (b) of section 8-3c of the Connecticut General statutes. The fee for the legal notice shall be paid by the applicant. .4 No approval under this section shall be effective until a copy thereof, certified by the commission after rendering a decision regarding compatibility, containing the name of the owner of record, a description of the premises to which it relates and specifying the reasons for its decision, is recorded in the Norwich Land Records. .5 The city clerk shall index the same in the grantor's index under the name of the then record owner and the record owner shall pay for such recording. Motion unanimously passed as above on a roll call vote of 6-0. Upon a motion President Pro Tem Nash seconded, 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 to adopt the ordinance below introduced by President Pro Tem Nash. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 Motion unanimously passed as above on a roll call vote of 6-0. Upon a motion of Ald. Delucia, seconded by, President Pro Tem Nash it was unanimously voted to accept the resignation of Jane O’Friel from of the Commission for Persons with Disabilities thanking her for her service. 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 It was unanimously voted to accept the City Managers report into the record as follows: To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: July 2, 2018 I attended the State of Connecticut Emergency Planning and Preparedness Initiative exercise that was held at the Emergency Operations Center (EOC) on Golden St. on Wednesday June 20th. This was an exercise in conjunction with the mandate of Governor Malloy to exercise ability to respond to a major storm event. This was the first test of the reorganized EOC which is now aligned with national and state standards of the Incident Command System, and the re-written Local Emergency Operations Plan (LEOP). Chief Scandariato, Emergency Management Director, and Lieutenant Manke facilitated the drill with partnerships with city departments and local agencies within the City. Participants included representatives from Norwich Public Utilities, Norwich Board of Education, Uncas Health District, American Ambulance and First Student Bus Company. I held the monthly Fire Chiefs meeting on June 21st where we discussed the IMC bridge and update from our MIS Department. I attended the Connecticut Interlocal Risk Management Agency (CIRMA) Board of Directors meeting on Thursday, June 28th. A conference call was held with staff and Christine Rodgers, Sr. Development Manager, of the Women’s Institute regarding the Reid & Hughes building. The work is progressing as expected and the roof will be started sometime in August. Angelo Callis, Norwich Youth and Family Services, and Christine Poscich, Partnership for Success, are working with my assistant, Jacquie Barbarossa to set up Narcan Training Sessions for city employees. Norwich Youth and Family Services recently had 4 Narcan training sessions for downtown community groups and has secured additional funding of $7,500 from the Community Foundation of Eastern CT. This grant will allow for additional training sessions using the Narcan nasal inhalant to address the opioid addiction crisis in Norwich. The second year of the revived Rose Arts Festival was held on Saturday, June 30th. Thank you to the Rose Arst Festival Committee, Norwich Police, Norwich Public Works, Norwich Fire Department, Norwich Public Utilities, sponsors and volunteers for another successful celebration at Chelsea Parade and downtown Norwich. Upon a motion Ald. Burnham, seconded by, President Pro Tem Nash, the following resolution introduced by President Pro Tem Nash. Upon a motion Ald. DeLucia, seconded by, Ald. Burnham, it was unanimously voted that Mayor Nystrom read the following Commission on the City Plan recommendation letter, dated June 11, 2018 for the record and incorporate the text into the minutes. 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 Upon a motion of Ald. Burnham, seconded by President Pro Tem Nash, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nash. 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 Mayor Nystrom called for citizen comment. Linda Theodoro, 37 Taftville Occum Rd. spoke in favor of the Ordinance for the $675,000 for Norwich Public Schools. David Crabb, 47 Prospect St., spoke in opposition of the increase in reference to Resolution #1 Block Grant allocation. Rodney Bowie, 63 Roosevelt Ave. spoke in opposition of the Ordinance for the $675,000 for Norwich Public Schools Mayor Nystrom asked for any further speakers on the resolutions. Mayor Nystrom declared citizen comment closed. Upon a motion of President Pro Tem Nash, seconded by, Ald. Gould it was voted to put the following resolution introduced by City Manager John L Salomone on the floor. The following resolution was adopted unanimously. WHEREAS, the City of Norwich passed a resolution on April 16, 2018 after holding a public hearing and WHEREAS, the City of Norwich will be awarded an additional $82,075 in funding and clarifies that the Recaptured funds in the April 16, 2018 allocation were to be expended in the current Community Development Block Grant Program year; WHEREAS, the City of Norwich is an entitlement community receiving U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) dollars and estimated the amount of $759,993 for program year (PY) 2018 and has received an additional $82,075 total of $836,068 and Recaptured funds of $432,607 from previous program years; and WHEREAS, the Community Development Advisory Committee (CDAC) has held public meetings and voted on their recommendations for CDBG allocations in the month of February and June (only current year applicants were eligible for consideration); and WHEREAS, the allocation process is subject to a 30-day comment period prior to being placed into effect and the Council of the City of Norwich has held a public hearing regarding the recommendations prior to the final vote on the allocation. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH the additional are Community Development Block Grant allocation recommendations for PY 2018 and reallocation to PY 2017. 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 CDBG Requests - PY 44 (2018-2019) 2018 ALLOCATION ADD. ALLOCATION Anticipated PY 2018 Allocation $ 753,993.00 $ 836,068.00 $ 82,075.00 Recaptured funding $ 432,607.00 $ 1,186,600.00 6/13/2018 CDAC Council CDAC Council PY 2018 Request Recommendation Recommendation Recommendation Recommendation CD Office - Administration + $ 150,798.60 $ 150,798.60 $ 150,798.60 $ 167,213.60 20% of Grant Funds and ROL Public Services NHS Norwich Works $ 50,000.00 $ 50,000.00 $ 50,000.00 NHS Rapid Rehousing $ 15,000.00 $ 15,000.00 $ 15,000.00 Safe Futures $ 15,000.00 $ 15,000.00 $ 15,000.00 Total Public Services $ 80,000.00 $ 80,000.00 $ 80,000.00 Non-Public Services ARC of NL $ 8,722.35 $ 8,722.35 $ 8,722.35 DPW ADA Recreation Bldg $ 60,000.00 $ 60,000.00 $ 60,000.00 DPW Norwich Ave Sidewalks $ 183,000.00 $ 154,945.05 $ 154,945.05 $ 182,990.05 NHA Rosewood Manor $ 75,000.00 $ 75,000.00 $ 75,000.00 CD - Property Rehab $ 250,000.00 $ 200,000.00 $ 200,000.00 $ 237,615.00 NCDC Signage & Awnings $ 100,000.00 $ 30,000.00 $ 30,000.00 Total Non-Public Services $ 676,722.35 $ 528,667.40 $ 528,667.40 RECAPTURE NFD - Protective Equipment $ 427,134.00 $ 427,134.00 $ 352,134.00 NHA - Rosewood Manor $ 75,000.00 $ - $ 75,000.00 Total Recaptured Funding Req $ 502,134.00 $ 427,134.00 $ 427,134.00 Public Service $ 80,000.00 $ 80,000.00 $ 80,000.00 $ 80,000.00 Non-Public Service $ 676,722.35 $ 528,667.40 $ 528,667.40 $ 594,327.40 CD Administration $ 150,798.60 $ 150,798.60 $ 150,798.60 $ 167,213.60 Recaptured Funding $ 502,134.00 $ 427,134.00 $ 427,134.00 $ 427,134.00 Total All Requests $ 1,409,654.95 $ 1,186,600.00 $ 1,186,600.00 $ 1,268,675.00 Upon a motion of President Pro Tem Nash, seconded by, Ald. Gould it was voted to put the following resolution introduced by Mayor Nystrom, President Pro Tem Nash and Ald. Gould. The following resolution was adopted unanimously. WHEREAS, the City of Norwich has acquired title to certain parcels of real estate through foreclosure of tax liens or through conveyances to the city by deeds in lieu of foreclosure; and WHEREAS, the Council may, by resolution, retain ownership of such properties on behalf of the city or may direct that they be sold individually or with other real estate so foreclosed or conveyed; and WHEREAS, the Public Works and Capital Improvements Committee of the Council of the City of Norwich has reviewed a list of city-owned properties so acquired by the City of Norwich and recommends that the Council consider retaining the ownership of the following properties on behalf of the City of Norwich: 131 Lawler Lane 37-39 Washington Street 23 Washington Street 43 Washington Street 45 Washington Street 88-90 Boswell Avenue; 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 and that the Council retain ownership of the following properties for continuing or possible use by the Norwich Department of Public Utilities: 535 North Main Street 10 East Pratt Avenue 115 Central Avenue; and that the Council consider auctioning the following properties through the office of the tax collector who shall set a minimum price below which no bid will be received for any of the properties and that it be a term and condition of the auction that it be limited to the abutters of the following properties with the successful bidder required to merge the property to be obtained from the City of Norwich with the abutting property of the successful bidder: 5 Bridge Street 82 Old Division Street 8-9 Bridge Street 5 Belval Street 45 Lake Street 47 Lake Street; and WHEREAS, the Council finds that accepting recommendations of the Public Works and Capital Improvements Committee as to the disposition of the listed properties is in the best interest of the City of Norwich. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the recommendations of the Public Works and Capital Improvements Committee of the Council of the City of Norwich as follows: 1) to be retained by the City of Norwich: 131 Lawler Lane 37-39 Washington Street 23 Washington Street 43 Washington Street 45 Washington Street 88-90 Boswell Avenue; 2) to be retained by the City of Norwich for continuing or future use by Norwich Public Utilities: 535 North Main Street 10 East Pratt Avenue 115 Central Avenue; and 3) to be sold at auction by the tax collector to abutters to be merged with the abutting property of the successful bidder: 5 Bridge Street 82 Old Division Street 8-9 Bridge Street 5 Belval Street 45 Lake Street 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 47 Lake Street; and be and hereby are accepted and approved; AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the office of the tax collector be and hereby is directed to conduct an auction with respect to the properties listed as follows: 5 Bridge Street 82 Old Division Street 8-9 Bridge Street 5 Belval Street 45 Lake Street 47 Lake Street with the tax collector to set a minimum bid for each property and the auction limited to abutting landowners with the successful bidder required to merge the acquired parcel with the successful bidder’s abutting property within 180 days of the date of the auction. Upon a motion of Ald. DeLucia, seconded by Ald. Burnham, it was unanimously voted to waive the full reading of the text except the title and incorporate it into the minutes (this ordinance was previously withdrawn from the April 16, 2018 meeting), to set a public hearing on July 16, 2018 at 7:30 pm, for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem Nash. AN ORDINANCE APPROPRIATING $675,000 FOR INTEGRATING AND IMPROVING NORWICH PUBLIC SCHOOLS AND CITY OF NORWICH ADMINISTRATIVE FUNCTIONS AND AUTHORIZING THE ISSUE OF $675,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $675,000 is appropriated for the planning, acquisition, training, data conversion, implementation of software and hardware upgrades, and other costs needed to effectuate the integration of human resources, accounting, purchasing, payroll, accounts payable and other administrative functions of Norwich Public Schools with those of the City of Norwich and for appurtenances, services, consultants, and warranties related thereto or for so much thereof or such additional process improvements and initiatives as may be accomplished within said appropriation, and for administrative, advertising, printing, legal and financing costs to the extent paid therefrom (the “Project”). Said appropriation shall be in addition to grant funding and all prior appropriations for said purpose. Section 2. The total estimated cost of the Project is $675,000. The average estimated useful life of the Project is 16 years. The Projects is a general benefit to the City of Norwich (the “City”) and its general governmental purposes. Section 3. To meet said appropriation $675,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth (20th) year after their date, or such 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, including the authority to enter into agreements managing interest rate risk. The City Manager and Comptroller, on behalf of the City, shall execute and deliver such reimbursement agreements, letter of credit agreement, credit facilities, remarketing, standby marketing agreements, standby bond purchase agreements, and any other commercially necessary or appropriate agreements which are necessary, appropriate or desirable in connection with or incidental to the sale and issuance of such bonds or notes. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 such renewals or said bonds, shall be included as a cost of the Property. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a hank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Property to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 10. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct Payment and Tax Credit versions. Section 11. The City Manager and Comptroller are hereby authorized to prepare and distribute preliminary and final Official Statements of the City, to execute and deliver on behalf of the City all such other documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Property in accordance with the provisions of the Statutes and the laws of the United States. Upon a motion of Ald. DeLucia seconded by Ald. Burnham, it was unanimously voted to waive the full reading of the text except the title and incorporate it into the minutes, to set a public hearing on July 16, 2018 at 7:30 pm, for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem Nash and Ald. Gould. 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 AN ORDINANCE PROVIDING REGULATION TO ELIMINATE ILLICIT DISCHARGES AND ILLEGAL CONNECTIONS TO STORM WATER DRAINAGE SYSTEMS FOR CONTROLLING THE INTRODUCTION OF POLLUTANTS INTO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Chapter 21 of the Norwich Code of Ordinances be amended by the addition of an Article VII – Sections 21-135 through 21-156 as more particularly set forth herein SECTION 21-135. PURPOSE/INTENT. The purpose of this Article is to provide for the public health and safety, the environment, and the general welfare of the citizens of Norwich through the regulation of Non-Storm Water Discharges to the Storm Drainage System to the maximum extent practicable as required by federal and state law. This Article establishes methods for controlling the introduction of Pollutants into the Municipal Separate Storm Sewer System in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The objectives of this Article are: (a) To prohibit and eliminate Illicit Discharges and Illegal Connections to the Municipal Separate Storm Sewer System; and (b) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Article. SECTION 21-135.1. APPLICABILITY The provisions of this Article shall apply to all water entering the Municipal Separate Storm Sewer System throughout the City of Norwich. The Director of Public Works together with such employees of the Department of Public Works of the City of Norwich as he may designate shall administer, implement, and enforce the provisions of this Article. SECTION 21-136 DEFINITIONS. For the purposes of this Article, the following shall mean: Authorized Enforcement Agency: The Director of Public Works and such employees of the Administrative and Engineering Division of the Department of Public Works as he may designate in writing to do so shall be authorized to enforce this Article. Best Management Practices (BMPs): Any schedules of activities, practices prohibitions of practices, structures, vegetation, maintenance procedures, and other management practices to prevent or reduce the discharge of Pollutants into waters of the state consistent with state, federal or other equivalent and technically supported guidance. Best Management Practices also include treatment requirements, operating procedures, and practices to control site runoff, spillage or leaks, sludge or waste disposal, or drainage from material storage. Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto. 28 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 Construction/Demolition Activity. Any activity associated with construction or demolition at a site including, but not limited to, clearing and grubbing, grading, excavation, and dewatering. Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Illicit Discharge. Any direct or indirect Non-Storm Water Discharge to the Municipal Separate Storm Sewer System, except as exempted by Sections 21-137 or 21-140 of this Article. Illegal Connections. An Illegal Connection – shall consist of either of the following: a) Any pipe, open channel, drain or conveyance, whether on the surface or subsurface, which allows an Illicit Discharge to enter the Storm Drainage System including but not limited to any conveyances which allow any Non-Storm Water Discharge including sewage, process wastewater, and wash water to enter the Storm Drainage System and any connections to the Storm Drainage System from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted, or approved; or b) any pipe, open channel, drain or conveyance connected to the Municipal Separate Storm Sewer System which has not been documented in plans, maps, or equivalent records and approved by the Authorized Enforcement Agency. Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14) or C.G.S. §22a-430b. Municipal Separate Storm Sewer System means any facility designed or used for collecting and/or conveying Storm Water, including but not limited to any roads with drainage systems, highways, municipal streets, curbs, gutters, inlets, catch basins, piped storm drains, pumping facilities, Structural Storm Water Controls, ditches, swales, natural and man-made or altered drainage channels, reservoirs, and other drainage structures, and which is owned or maintained by the City of Norwich. National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit means a permit issued by the Connecticut Department of Energy and Environmental Protection (CT DEEP) under authority designated pursuant to 33 USC § 1342(b) that authorizes the discharge of Pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. Non-Storm Water Discharge. Any discharge to the Storm Drainage System that is not composed entirely of Storm Water. Person. Any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant. Anything which causes or contributes to Pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids, cooking oil or grease; detergents, (biodegradable or otherwise); degreasers; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from the construction or demolition of a building or structure; and noxious or offensive matter of any kind. 29 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 Pollution means the contamination or other alteration of any water’s physical, chemical, or biological properties by the addition of any constituent and includes, but is not limited to, a change in temperature, taste, color, turbidity, or odor of such waters, or the discharge of any liquid, gaseous, solid, radioactive, or other substance into any such waters as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety, welfare, or environment, or to domestic, commercial, industrial, agricultural, recreational, and other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Premises. Any building, lot, parcel of land, or portion of land whether improved or unimproved including adjacent sidewalks and parking strips. Storm Water Runoff or Storm Water means any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from such precipitation. Storm Drainage System see Municipal Separate Storm Sewer System. Publicly-owned facilities by which Storm Water is collected and/or conveyed, including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human- made or altered drainage channels, reservoirs, and other drainage structures. Storm Water Management Plan. A plan including any documents, which describes the Best Management Practices and activities to be implemented by a Person or business to identify sources of pollution and contamination at a site and the actions to eliminate or reduce Pollutant discharges to the Municipal Separate Storm Sewer System. Structural Storm Water Control means a structural Storm Water management facility or device that controls Storm Water Runoff and changes the characteristic of that runoff including, but not limited to, the quantity and quality, the period of release or the velocity of flow. Wastewater. Any water or other liquid, other than uncontaminated Storm Water. SECTION 21-137. EXEMPTION. This Article shall apply to all water entering the Storm Drainage System generated on any developed and undeveloped Premises unless explicitly exempted by an Authorized Enforcement Agency. SECTION 21-138. SEVERABILITY. The provisions of this Article are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Article or the application thereof to any Person, establishment, or circumstances shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this Article, and such invalidity shall not affect the remaining provisions or application of this Article. SECTION 21-139. ULTIMATE RESPONSIBILITY. The standards set forth herein and promulgated pursuant to this Article are minimum standards; therefore this Article does not intend or imply that compliance by any Person will ensure that there will be no contamination, Pollution, or not result in an unauthorized discharge of Pollutants. 30 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 SECTION 21-140. DISCHARGE PROHIBITIONS. Prohibition of Illicit Discharges. No Person shall discharge or cause to be discharged into the Municipal Separate Storm Sewer System or into watercourses any materials, including but not limited to, Pollutants or waters containing any Pollutants that cause or contribute to a violation of applicable water quality standards, other than Storm Water. The commencement, conduct, or continuance of any Illicit Discharge to the Municipal Separate Storm Sewer System is prohibited except as follows: The following discharges are exempt from discharge prohibitions established by this Article: (a) uncontaminated ground water discharges including, but not limited to, pumped ground water, foundation drains, water from crawl space pumps and footing drains; uncontaminated irrigation water including, but not limited to, landscape irrigation and lawn watering runoff; residual street wash water associated with sweeping; discharges or flows from firefighting activities (except training); and naturally occurring discharges such as rising ground waters, uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)), springs, diverted stream flows and flows from riparian habitats and wetlands. (b) Any Non-Stormwater Discharge to the Municipal Separate Storm Sewer System authorized by a permit issued pursuant to Section 22a-430 or 22a-430b of the Connecticut General Statutes, as amended. Prohibition of Illegal Connections. (a) The construction, use, maintenance or continued existence of Illegal Connection to the Storm Drainage System is prohibited. (b) This prohibition expressly includes, without limitation, any Illegal Connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (c) A Person is considered to be in violation of this Article if the Person connects a line conveying sewage to the Municipal Separate Storm Sewer System, or allows such a connection to continue unless permitted pursuant to the Storm Management Plan. SECTION 21-141. SUSPENSION OF MUNICIPAL SEPARATE STORM SEWER SYSTEM ACCESS. Suspension due to Illicit Discharges in Emergency Situations The Director of Public Works or his designee may, without prior notice, suspend Municipal Separate Storm Sewer System discharge access to any Person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment, or to the health, safety, or welfare of the public, to the Municipal Separate Storm Sewer System, or to the Waters of the United States. If the Director of Public Works or his designee issues a suspension order, or if any Person fails to comply with a 31 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 suspension order issued hereunder, the Authorized Enforcement Agency may take such steps as it deems necessary to prevent or minimize risk or damage to the environment, the public, the Municipal Separate Storm Sewer System, the Waters of the United States, or to minimize risks and dangers to Persons. Suspension due to the Detection of Illicit Discharge Any Person discharging to the Municipal Separate Storm Sewer System in violation of this Article may have their Municipal Separate Storm Sewer System access terminated if such termination will abate or reduce an Illicit Discharge. The Authorized Enforcement Agency will notify any Person in violation of the proposed termination of its Municipal Separate Storm Sewer System access. Any Person in violation may petition the Authorized Enforcement Agency for a reconsideration and hearing. A Person commits an offense if the Person reinstates Municipal Separate Storm Sewer System access to Premises terminated pursuant to this Section, without the prior approval of the Authorized Enforcement Agency. SECTION 12-142. INDUSTRIAL OR CONSTRUCTION ACTIVITY DISCHARGES PURSUANT TO NPDES STORM WATER DISCHARGE PERMIT. Any Person who is subject to an industrial or construction activity NPDES Storm Water Discharge Permit shall comply with all provisions of such Permit. Such Person shall be required to submit proof of compliance with such Permit to the Authorized Enforcement Agency on a form acceptable to the Director of Public Works prior to the permitting of discharges to the Municipal Separate Storm Sewer System. SECTION 12-143. MONITORING OF DISCHARGES. (a) Applicability. This section applies to all Premises, or facilities that have discharges into the Municipal Separate Storm Sewer System associated with industrial activity, including Construction/Demolition activity. (b) Access to Premises; Right of Entry; Inspections. (1) The Director of Public Works or his designee shall be permitted to enter onto and inspect any Premises subject to regulation under this Article as often as may be necessary to determine compliance with this Article. (2) All Persons owning or operating Premises or facilities subject to regulation under this Article shall permit the Director of Public Works or his designee access to all parts of the Premises or facility for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge Storm Water, and the performance of any additional duties as defined by state and federal law. (3) The Director of Public Works or his designee shall have the right to, and be permitted to, set up such devices as are necessary in the opinion of the Authorized Enforcement Agency to conduct monitoring and/or sampling of Storm Water discharge. (4) The Director of Public Works or his designee may require any Person discharging Storm Water subject to regulation under this Article to install monitoring equipment as necessary to detect and eliminate any Illicit Discharge. Sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by such Person at such Person’s expense. All devices used to measure Storm Water flow and quality shall 32 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 be properly calibrated to ensure their accuracy. (5) All Persons causing or responsible for any temporary or permanent obstruction to safe and easy access to the Premises to be inspected and/or sampled shall promptly remove the same at the written or oral request of the Director of Public Works or his designee and such obstruction shall not be replaced. The costs of clearing such obstructions shall be borne by such Person. (6) Unreasonable delays in allowing the Director of Public Works, or his designee, access to a Premises shall be a violation of a Storm Water discharge permit and of this Article. A Person allowed by a NPDES permit to discharge Storm Water associated with industrial activity shall commit an offense if such Person denies the Director of Public Works or his designee reasonable access to the Premises for the purpose of conducting any activity authorized or required by this Article. (7) If the Director of Public Works or his designee has been refused access to any part of a Premises from which Storm Water is discharged, and has probable cause to believe that there may be a violation of this Article, or that there is a need to inspect and/or sample as part of an inspection and sampling program designed to verify compliance with this Article or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, or the environment the Director of Public Works or his designee may seek the issuance of a search warrant from any court of competent jurisdiction. SECTION 21-144. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES. The Authorized Enforcement Agency shall adopt regulations and establish requirements identifying Best Management Practices for any activity or operation on any Premises, which may cause or contribute to Pollution or contamination of Storm Water, the Storm Drainage System, or the Waters of the United States. Any Person owning or operating a commercial or industrial facility or establishment shall provide, at such Person’s own expense, such reasonable precautions and protections against accidental discharge of Pollutants, prohibited materials, and other wastes into the Municipal Separate Storm Sewer System, or into watercourses, through the implementation and use of the structural and non-structural Best Management Practices. Any Person responsible as owner, tenant, or operator of any Premises, which is, or is at risk of becoming, the source of an Illicit Discharge may be required for the protection of the public and for the elimination of Pollution to implement, at said Person's expense, additional structural and non-structural Best Management Practices to prevent or reduce the discharge of Pollutants into the Municipal Separate Storm Sewer System. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of Storm Water associated with industrial activity, to the extent practicable, shall be deemed compliance with the provisions of this section provided these Best Management Practices shall be part of a Storm Water Pollution Prevention Plan (SWPP) when necessary for compliance with requirements of the NPDES permit. SECTION 21-145. WATERCOURSE PROTECTION. Every Person owning or occupying as a tenant any Premises through which a watercourse passes, shall keep and maintain the watercourse within the Premises free of trash, debris, excess vegetation, and other obstacle or obstacles that would pollute, contaminate, or significantly retard the natural flow of water through the watercourse. Any such Person shall also maintain all existing structures owned or controlled by such Person within or adjacent to a watercourse, so that such structures will not represent or become a hazard to the use, function, or physical integrity 33 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 of such watercourse. SECTION 12-146. NOTIFICATION OF SPILLS. Notwithstanding any other requirements of law, any Person responsible for requesting an emergency response for a Premises shall, upon becoming aware of or having reasonable cause to suspect the release of materials which may as a consequence result in an Illicit Discharge, or the introduction of Pollutants into Storm Water, into the Municipal Separate Storm Sewer System, or into the Waters of the United States, be required to initiate and take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of Hazardous Materials such Person shall notify the Director of Public Works within 48 hours. Any notifications made by phone or delivered in person must be confirmed by a written notice delivered or mailed to the Director of Public Works within 72 hours of the initial notification. Whenever the discharge of Hazardous Materials or of other prohibited materials emanates from a commercial or industrial operation, any Person owing or operating the same shall retain an on-site written record of the discharge, and of all actions taken to address the same and to prevent any recurrence. Such records shall be required to be retained for at least three years from the date of recording. SECTION 21-147. VIOLATIONS, ENFORCEMENT, PENALTIES, AND CITATION PROCESS (a) Violation. It shall be unlawful for any Person to violate any provision or fail to comply with any of the requirements of this Article. Any Person who has violated or continues to violate the provisions of this Article, may be subject to the enforcement actions outlined in this section and sections 1-8 and 1-9 of the Norwich Code of Ordinances, as well as any additional enforcement actions outlined in this Article, or may be restrained by injunction or otherwise abated in the manner provided by law. The provisions of section 1-9 of the Norwich Code of Ordinances requiring the issuance of a written warning providing notice of the specific violation before the issuing of a citation shall not apply to citations issued pursuant to this Article. In the event a violation constitutes an immediate danger to public health or public safety, the Director of Public Work, or his designee is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The Director of Public Works is authorized to seek cost of the abatement as outlined in Section 21-150. (b) Citation of Notice of Violation Whenever the Director of Public Work, or his designee finds that a Person has violated a prohibition or failed to meet a requirement of this Article, the Director of Public Works or his designee may order compliance by written citation delivered in person or by the United States Postal Services by certified mail, return receipt requested to such Person or to the occupant or owner of the Premises if different. Such citation shall contain the following: (1) The name and address of such violators; (2) The address when available or a description of the building, structure, Premises, or parcel of land upon which the violation is occurring or has incurred; (3) A statement specifying the nature of the violation; 34 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 (4) A description of the remedial measures necessary to restore compliance with this Article and a time schedule for the completion of such remedial action. It shall not be the responsibility of Norwich, the Director of Public Works or his designee to formulate or design any remedial systems; (5) A statement of the amount of the fines, penalties, costs or fees due; (6) A statement that the cited person may contest liability before a hearing officer by delivering in person or by mail written notice within 10 days from the date of receipt of the written citation; (7) A statement that if a hearing is not demanded, an assessment and judgment shall be entered against the cited person; (8) A statement that such judgment may issue without further notice. Such citation or any notice of violation may require without limitation: (1) The performance of monitoring, analyses, and reporting; (2) The elimination of Illicit Discharges and Illegal Connections; (3) That the violating discharges, practices, or operations shall cease and desist; (4) The abatement or remediation of Storm Water pollution or contamination hazards and the restoration of any affected property; and (5) Payment of cost to cover administrative and abatement cost; (6) The implementation of pollution prevention practices acceptable to Norwich; (7) The suspension of any discharge to the Municipal Separate Storm Sewer System consistent with Section 21-141 of this Article; (8) The implementation of source control and/or implementation of Best Management Practices in treatment; (9) The reporting of the violation to the Connecticut Department of Energy and Environmental Protection (CTDEEP) and/or the United States Environmental Protection Agencies (EPA). If abatement of a violation and/or restoration of affected Premises is required, the citation shall set out a time deadline within which the required remediation or restoration must be completed. When such abatement or elimination of the violation is not possible within 60 days of source confirmation, a schedule for the abatement of the violation and/or restoration of the affected premises must be established for a period not to exceed 180 days. SECTION 21-148. APPEAL AND ENFORCEMENT OF CIATATION. The provisions of Section 1-9 of the Norwich Code of Ordinances with respect to the appeal from or the enforcement of citations shall apply to citations issued pursuant to this Article. SECTION 21-149. ENFORCEMENT MEASURES AFTER APPEAL. If the violation has not been corrected pursuant to the requirements set forth in the citation, or, in the event of an appeal, upon a decision upholding the decision of the Authorized Enforcement Agency, the Director of Public Works or his designee with such contractual support that they may require, may enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any Person, owner, agent or Person in possession of any Premises to refuse to allow entrance upon the Premises for the purposes set forth herein. 35 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 SECTION 21-150. COST OF ABATEMENT OF THE VIOLATION. Within 30 days after abatement of the violation, the owner of the Premises will be notified of the cost of abatement, including administrative costs. The owner of the Premises may file a written protest to the Director of Public Works objecting to the assessment or to the amount of the assessment within 30 days. A hearing on the abatement assessment appeal shall be scheduled before a hearing officer within 60 days from the date of receipt of the notice of appeal. The alleged violator or his designee may be present at such hearing to present their position as to why the assessment or the amount of the assessment is unfair or unwarranted. If the amount due is not paid within 30 days after receipt of notice of the same, or an appeal is taken but not sustained, the charges shall become a special assessment against the property and shall constitute a lien on the property in the amount of the assessment after the expiration of the appeal period. SECTION 21-151. INJUNCTIVE RELIEF. It shall be unlawful for any Person to violate any provision or fail to comply with any of the requirements of this Article. If a Person has violated and continues to violate the provisions of this Article, the Director of Public Works or his designee may seek a preliminary and permanent injunction restraining the Person from activities which would create any further violation or compel the Person to perform abatement or remediation of the violation. SECTION 21-152. COMPENSATORY ACTION. In lieu of enforcement proceedings, penalties, or remedies authorized by this Article, the Director of Public Works or his designee may require any Person in violation of this Article to engage in alternative compensatory actions, such as, but not limited to, storm drain stenciling, waterway cleanup, and attendance at compliance workshops. SECTION 21-153. VIOLATIONS DEEMED A PUBLIC NUISANCE. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any provisions of this Article is a threat to public health, safety, and welfare, and to the environment and may be summarily abated or restored at the expense of the Person in violation, and/or abated by injunctive or other equitable relief as provided by law. SECTION 21-154. CRIMINAL PENALTIES. For the intentional and flagrant violation of this Article, the Director of Public Works may refer the violation to the United States Environmental Protection Agency (EPA) for enforcement penalties under Sections 309 and 311 of the Clean Water Act. Any Person violating or continuing to violate this Article shall be liable to criminal prosecution to the extent available at law, and Norwich may recover its cost associated with the enforcement of this Article, including sampling and monitoring expenses in connection with the same. SECTION 21-155. REMEDIES NOT EXCLUSIVE. The remedies listed in this Article are not exclusive of any other remedies available under any applicable federal, 36 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 state, or local law and the Director of Public Works or his designee may seek cumulative remedies. SECTION 21-156. ADOPTION OF ARTICLE. This Article shall take effect on the 10th day of its passage and publication. Upon a motion by Ald. Gould, second by President Pro Tem Nash, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200(6), for the purpose of discussing the acquisition or disposition of real estate or interests in real estate when publicity regarding the proposed acquisition or disposition would cause a likelihood of an increased price to acquire, or a diminished price to dispose of the property and to review information given the city in confidence not required to be disclosed by law. City Manager Salomone, Corporation Counsel, Michael Driscoll, Planning Director Deanna Rhodes shall be asked to participate during all or portions of this Executive Session at the request of the City Council. The council was in Executive Session from 7:50 pm to 8:35 pm, at which time Mayor Nystrom, stated no votes were taken. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted 6-0 to return to regular session. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to suspend the rules to add the following resolution, refer to Commission on City Plan and bring back on July 16, 2018 introduced by Mayor Nystrom, President Pro Tem Nash and Ald. Gould. WHEREAS, Clifford R. Larkin is the owner of certain property known as 226-230 Yantic Street, Norwich, Connecticut, a description of which is attached to this resolution as Exhibit A; and WHEREAS, the City of Norwich offered to purchase said property from Mr. Larkin for access to property to be used for parking in connection with the Uncas Leap Project; and WHEREAS, through negotiation, City Manager John Salomone and Clifford Larkin reached an agreement whereby the City will purchase the property at 226-230 Yantic Street from Mr. Larkin for a price of $9,000 net to Mr. Larkin; and WHEREAS, the Council of the City of Norwich, having received a favorable recommendation, from the Commission of the City Plan finds the purchase to be in best interest of the City of Norwich. 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 a Purchase and Sales Agreement satisfactory to him with Clifford R. Larkin to acquire said property for $9,000 plus such adjustments as will result in this being a net figure to Clifford Larkin; funds for the purchase to be taken from the Capital Contingency Account 10218-88000 in an amount sufficient to result in a net payment of $9,000 to Clifford Larkin, but in no event in a sum greater than $9,750 without subsequent council approval; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone, be and hereby authorized and directed to receive and record a deed of conveyance to the City of Norwich of the property at 226-230 Yantic Street satisfactory to him and receive, execute and deliver such other documents as are necessary to complete the transaction. 37 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2018 EXHIBIT A A certain tract or parcel of land with the buildings and all other improvements thereon being situated on Yantic Street, in the Town of Norwich, County of New London, and State of Connecticut, and being designated as Lot No. 24 on a plan entitled, “Plan made for The Falls Company of Norwich, Conn. By Chandler & Palmer, Norwich, Conn., July, 1936”, which plan is on file in the Norwich Town Clerk’s Office, said lot is more particularly bounded and described as follows: Beginning at a point on the westerly line of Yantic Street, northerly side, 1 foot northerly of the northerly range of the house standing hereon and running thence westerly about 32.4 feet to the southwesterly corner of land of B.W. Wojtasiak; thence running southerly, abutting westerly on land of the Central Vermont Railroad Co. about 40.4 feet to a point 5 feet northeasterly from the gauge line of the northeasterly rail of the spur track; thence running southeasterly on a line 5 feet northeasterly from the parallel to the northeasterly rail of said spur tract about 63.6 feet to land deeded by the Falls Company to the City of Norwich, recorded in Book 123, page 58, dated November 23, 1903; thence running northeasterly about 39.5 feet to the westerly line of Yantic Street abutting southeasterly on said City of Norwich land; thence running northerly along the westerly line of Yantic Street about 49.3 feet to the point of beginning. Said premises are conveyed subject to such rights in others as of record appear with regard to the use, maintenance and repair of sewer, water or drain pipes crossing the above described premises, and also subject to the right of the Falls Company, its successors and assigns, to use as much as may be necessary (of the premises) for the purpose of loading and unloading from said spur tracks and to drive across the premises northerly from the houses to and from Yantic Street. Upon motion of Ald. Gould, seconded by Ald. Nash, it was unanimously voted to adjourn at 8:50P.M. Assistant City Clerk 38