City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 The regular meeting of the Council of the City of Norwich was held May 20, 2019, at 7:36 PM in Council Chambers. Present: Mayor Nystrom, Ald. Nash, Gould, Philbrick, DeLucia, Burnham and Browning. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Delucia, read the opening prayer and Ald. Philbrick led the members in the Pledge of Allegiance. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Ald. Philbrick asked for a moment of personal privilege and talked about the last few weeks which were difficult where she received threats, ignorant, cruel and hurtful comments due to the toxic environment created by some community members. She stated it didn’t break her and she will vote how she feels best. Mayor Nystrom called for citizen comment. Christopher Kolker, 25 Parkwood Dr, spoke regarding the amount of funding doesn’t provide a better education. Brian Kobylarz, 16 Hobart Ave, stated he was disappointed about the CMEEC representative process. Marvin Serruto, 100 Starr St, spoke regarding Mr. Kulos’ last meetings comments and compared numbers. David Crabb, 47 Prospect St, talked about regulation fees for electric cars, asked if the city has spyware, and inquired about the appointment of a downtown specialist. Rodney Bowie, 62 Roosevelt Ave, amazed that people would make hurtful comments to one of our leaders. He asked these people to participate to participate in our local government. Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to accept the letter of resignation by Lottie Scott from the Commission for Persons with Disabilities thanking her for her service. City Manager Report: To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: May 20, 2019 I attended the monthly Public Safety and CCM Board meetings and also the Transportation Alternatives Program (TAP) Grant (2021) presentations that were held at the Southeastern Connecticut Council of Governments. The Planning Department is hopeful for this grant opportunity for this project to improve sidewalks, ADA accessibility, and to provide almost 3 miles of bicycle facilities for the section of New London Turnpike from Norwichtown to Melrose Park Road. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 The Mayor and I, along with Alderwoman Gould and Alderman Sam Browning, met with Superintendent Abby Dolliver and staff regarding their budget shortfall. I attended the Norwich Public Utilities and CT Department of Public Health groundbreaking ceremony to mark the start of construction for an emergency interconnection water line that will serve the Town of Sprague. This unique partnership will provide NPU with additional state resources while allowing the town of Sprague to avoid the cost of installing the water line on its own. Additional information regarding the $3.2 million regional project that will benefit both communities is on the NPU website. I also had the pleasure of attending the National League of Cities (NLC) Risk information Sharing Consortium (RISC) Trustees Conference Agenda. The featured speaker was Christine Hunschofsky the Mayor of Parkland Florida. Her welcome “Leading through Crisis: Being Mayor at the time of the Parkland Shooting” was extremely informative and moving. The City acknowledged Peace Officers Memorial Day on May 15th. Flags were flown at half-staff and the Norwich Police wore black bands in memory of those officers who have made the ultimate sacrifice. Since the first known line-of-duty death in 1786, more than 21,000 U.S. law enforcement officers have made the ultimate sacrifice. Thank you to those that serve. The City Hall Union contract was ratified and is in effect until June 30, 2022 and the Public Works contract is in the final stage of ratification. Artwork that was received from the China Artists Association as a cultural exchange and act of appreciation to the City is now on display on the 3rd floor in the main hallway. I invite you to take a look at the pieces currently on display. 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 employment, performance, and evaluation of City Manager John Salomone, who will attend this session and does not require that these discussions be held at an open meeting Director of Human Resources Brigid Marks, Comptroller Joshua Pothier, may be asked to attend during all or portions of this Executive Session at the request of the City Council. I further move that the Council shall thereafter continue in Executive Session, pursuant to Connecticut General Statute Section 1-200 for the purpose of discussing strategies and negotiations with respect to collective bargaining. The following shall be asked to participate during all or portions of the Executive Session Manager John Salomone, Comptroller, Director of Human Resources Brigid Marks, Joshua Pothier and Corporation Counsel Michael Driscoll. The council was in Executive Session from 8:15 pm to 8:47 pm, at which time Mayor Nystrom, stated no votes were taken. Upon a motion of President Pro Tem Nash, seconded by Ald. Delucia, it was unanimously voted to return to regular session. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to suspend the rules. Upon a motion of Ald. DeLucia, seconded by President Pro Tem Nash, it was unanimously voted to add the following resolution introduced by Mayor Nystrom. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 WHEREAS, the Council of the City of Norwich by resolution adopted May 16, 2005, established the second Monday of June as the date of a regular meeting of the Council of the City of Norwich, which regular meeting was to be cancelled if the budget of the City of Norwich had been adopted on or before the first Monday of June; and WHEREAS, the Council of the City of Norwich reaffirmed this resolution by resolution adopted June 7, 2010; and WHEREAS, the Council of the City of Norwich is scheduled to act on the city budget, the appropriation ordinances and the tax levy ordinances at its meeting on June 3, 2019, the first Monday of June 2019, but anticipates that it may then have insufficient information as to the state budget requiring it to postpone action until June 10, 2019; and WHEREAS, in view of such likely development the Council finds it to be in the best interest of the City of Norwich to schedule its first regular meeting for the month of June 2019 for Monday, June 10, 2019 at 7:30 p.m. at City Council Chambers, irrespective of whether it has on or before that date adopted the budget, the appropriation ordinances, and the tax levy ordinances for fiscal year 2019-2020; and WHEREAS, establishing June 10, 2019 as the date of a regular meeting of the Council of the City of Norwich for June of 2019 should obviate the need to hold a meeting of the Council on June 3, 2019, the first Monday of June. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that a regular meeting of the Council of the City of Norwich be set for and hereby is scheduled for the second Monday of June, June 10, 2019, to take place at 7:30 p.m. at City Council Chambers in City Hall, Norwich, Connecticut to consider and act upon items then before it including, if necessary and among other things, the adoption of the budget, the appropriation ordinances and the tax levy ordinances for fiscal year 2019-2020; and that the Clerk of the City and Town of Norwich be and hereby is directed to post and give appropriate notice of the same to comply with the requirements of the Charter and Ordinances of the City of Norwich and with the Freedom of Information Act of the State of Connecticut; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the meeting of the Council of the City of Norwich scheduled to take place on Monday, June 3, 2019 at 7:30 p.m. be and hereby is cancelled. Mayor Nystrom called for citizen comment on resolutions. Alex Gebbie, 122 Lakewood Rd, Glastonbury and Darwin Gebbie, 77 York Rd, Lebanon, Westledge Apartments LLC, thanked the Council for reviewing their package and asked for support on Resolution #1. Lee-Ann Gomes, Norwich Human Services, spoke in favor of Resolution #6. Richard DiGiacomo, 8 Turnpike Rd, spoke in favor of Resolution #6. Rodney Bowie, 62 Roosevelt Ave, spoke against Resolution #1 and against the irrigation in Resolution #6. Mayor Nystrom declared citizen comment on resolutions closed. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was voted to put the following resolution introduced by Mayor Nystrom on the floor. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 Upon a motion to amend of Ald. DeLucia, seconded by Ald. Browning, to postpone the following resolution until August 19, 2019. On a vote of 3-4 with Mayor Nystrom, President Pro Tem Nash, Ald. Gould and Philbrick voting in opposition amendment fails. WHEREAS, Westledge Apartments, LLC acquired the property identified as 2 Westledge Drive by a deed recorded August 8, 2018 at volume 3082, page 266 of the Norwich Land Records, this property being the site of an apartment complex destroyed by fire; and WHEREAS, Westledge Apartments, LLC has submitted an application seeking a tax deferral under the Uniform Tax Deferral Process pursuant to section 7-22 of the Norwich Code of Ordinance proposing to construct four (4) buildings on the site to add approximately 120 residential apartments to the city within the next five years; and WHEREAS, this application has been reviewed by the comptroller and the assessor was, found to meet the criteria set forth in the ordinance, and the comptroller and assessor, presented their results to the Mayor and join with him in recommending that Westledge Apartments, LLC be granted an assessment deferral for the project, in phases, for a seven (7) period for each of the four (4) buildings based on the issuance of each building permit as follows: • The 1st and 2nd years, the assessment increase for each building would be deferred at 100%; • The 3rd year at 50%; • The 4th year at 40%; • The 5th year at 30%; • The 6th year at 20%; • The 7th year at 10%. • 100% of the assessment would be on the Grand List in the eighth year for each of the respective buildings; and WHEREAS, the Council of the City of Norwich finds the property of Westledge Apartments, LLC at 2 Westledge Drive is eligible for a deferral of increased assessments, is located within a rehabilitation area, and the Westledge Apartments, LLC application has been adequately reviewed pursuant to section 7-22 of the Norwich Code of Ordinances; and WHEREAS, the Council finds fixing the assessment for this construction of new multi-family rental housing for a period of seven (7) years to be in the best interest of the City of Norwich. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that it approves the entering into with a satisfactory written agreement with Westledge Apartments, LLC fixing the assessment of the property and improvements to be constructed at 2 Westledge Drive for a period of seven (7) years pursuant to a schedule prepared by the assessor incorporating assessment deferrals as set out in this resolution; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone be and hereby is authorized and directed on behalf of the City of Norwich to enter into a written agreement satisfactory to him and consistent with this resolution with Westledge Apartments, LLC, together with such other documents or agreements as may be necessary to defer the assessment increase for each building pursuant to the schedule set out in this resolution. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 Motion passes. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was voted to put the following resolution introduced by Mayor Nystrom and Ald. Gould on the floor. Upon a motion President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to amend the following resolution in paragraph #3 by changing two “457” to “401A” and in paragraph # 5 by changing “457” to “401A”. WHEREAS, the Council of the City of Norwich hired John Salomone to serve as the City Manager of the City of Norwich pursuant to the terms of an Employment Agreement between John Salomone and the City of Norwich, Connecticut entered into on January 27, 2016; and WHEREAS, said Employment Agreement at Section 7 entitled “Retirement” containing certain provisions with respect to a Section 401A and/or 457 deferred compensation plan(s) and the City of Norwich’s contribution to such plans to be made on behalf of the city manager; and WHEREAS, the City of Norwich and John Salomone propose to amend Section 7 of said Employment Agreement to permit him to petition the Personnel & Pension Board to participate and receive pension benefits in accordance with the City Of Norwich Employee’s Retirement Fund and City Council Ordinance No. 1466 entitled: “ORDINANCE GRANTING PENSION BENEFITS TO NON-UNION DEPARTMENT HEADS AND NON-UNION EMPLOYEES”, and, should the Personnel & Pension Board approve John Salomone’s participation in the Pension Plan, the City of Norwich will then discontinue his 401A plan, and any obligation by the City to make contributions to the 401A plan shall occur simultaneous with the onset of the Employee’s participation in the Pension Plan; and WHEREAS, the City Manager may further petition the Personnel & Pension Board for approval to enter into a buyback agreement to purchase all or part of his prior three years of service with the City of Norwich so as to increase his pensionable service under the Pension Plan, which buyback, if approved, shall be at the rate of 8.5% of the Employee’s salary, plus interest as established by the Personnel & Pension Board. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that Section 7: Retirement of the Employment Agreement between John Salomone and the City of Norwich may be amended (1) to permit John Salomone to petition the Personnel & Pension Board to participate in and receive pension benefits in accordance with the City of Norwich Employee’s Retirement Fund and City Council Ordinance No. 1466 entitled “ORDINANCE GRANTING PENSION BENEFITS TO NON-UNION DEPARTMENT HEADS AND NON-UNION EMPLOYEES”, (2) to permit John Salomone to further petition the Personnel & Pension Board for approval to enter into a buyback agreement to purchase all or part of his prior three years of service with Norwich so as to increase his pensionable service under the Pension Plan, which buyback, if approved shall be at the rate of 8.5% of Employee’s salary, plus interest, as established by the Personnel & Pension Board, and (3) that the city’s contribution to John Salomone’s existing 401A plan shall cease simultaneous with the onset of his participation in the Pension Plan; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that should the Personnel & Pension Board not approve John Salomone’s petition to participate in and receive pension benefits as set forth herein, Section 7 of his current employment contract shall remain in full force and effect this resolution notwithstanding. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 The above amended resolution passes. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. Relative to the approval of the UPSEU/Public Works Employees collective bargaining unit agreement and the related budget changes to fiscal year 2018-19. RESOLVED, that the proposed Pension Agreement and the Collective Bargaining Agreement between the City of Norwich and United Public Service Employees Union (UPSEU)/ Public Works Employees, covering the period between July 1, 2017 through June 30, 2022, be, and the same hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 4- 474; and further, that the City Manager, John L. Salomone, be, and hereby is, authorized and directed to execute the same in the name of the City. RESOLVED, that the following 2018-19 budget transfers be made related to the settlement of the UPSEU collective bargaining unit agreement: Budget Transfer Division Account Needed Fleet Maintenance Employees 15,302 Fleet Maintenance Overtime 1,818 Fleet Maintenance Fringe Benefits 1,310 Streets & Parks Employees 63,039 Streets & Parks Overtime 5,116 Streets & Parks Fringe Benefits 5,214 Building Maintenance Employees 15,639 Building Maintenance Overtime 1,454 Building Maintenance Fringe Benefits 1,308 Parking Maintenance Employees 1,809 Parking Maintenance Fringe Benefits 138 Transfer out of Contingency (112,147) Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. Relative to an amendment of the 2019-20 budget for expenditure adjustments related to the settlement of the Public Works Employees bargaining unit contract. RESOLVED, that the budget for Fiscal Year 2019-20, as tentatively adopted on May 6, 2019, be amended by the expenditure adjustments as listed herein. General Fund Expenditures Cha Cha Pag OB Change in nge in Description ORG nge in GF e J Expenditures CCD Mill Mill Rate Rate Increase Salaries and Fringe for 91- Vari settlement of Public Works Various 96 ous 178,593 0.10 0.02 Employees contract 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 Reduce Contingency to offset 105000 586 settlement of Public Works 113 00 00 (178,593) (0.10) (0.02) Employees contract Total Change - - - Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was voted to put the following resolution introduced by Ald. Gould on the floor. Relative to an amendment of the 2019-20 budget to add funding for Yantic Volunteer Fire Department fire marshal abatement improvements and decrease funding for demolition in the Capital Budget. RESOLVED, that the budget for Fiscal Year 2019-20, as tentatively adopted on May 6, 2019, be amended by the expenditure adjustments as listed herein. Capital Budget Expenditures Description Page Change in Expenditures Add funding for Yantic VFD fire marshal abatement 118 100,000 improvements Reduce Demolition to offset Yantic VFD fire marshal 115 (100,000) abatement improvements Total Change 0 On a vote of 5-2 with Ald. Philbrick and Browning voting in opposition the above resolution passes. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nash, Ald. DeLucia and Burnham. Relative to an amendment of the 2019-20 budget to add funding for Hamilton Avenue field irrigation and sprinkler improvements and decrease funding for demolition in the Capital Budget. RESOLVED, that the budget for Fiscal Year 2019-20, as tentatively adopted on May 6, 2019, be amended by the expenditure adjustments as listed herein. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 Capital Budget Expenditures Description Page Change in Expenditures Add funding for Hamilton Avenue field irrigation and 117 45,000 sprinkler improvements Reduce Demolition to offset Hamilton Avenue field irrigation 115 (45,000) and sprinkler improvements Total Change 0 Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nash. WHEREAS, the Council of the City of Norwich by resolution adopted May 16, 2005, established the second Monday of June as the date of a regular meeting of the Council of the City of Norwich, which regular meeting was to be cancelled if the budget of the City of Norwich had been adopted on or before the first Monday of June; and WHEREAS, the Council of the City of Norwich reaffirmed this resolution by resolution adopted June 7, 2010; and WHEREAS, the Council of the City of Norwich is scheduled to act on the city budget, the appropriation ordinances and the tax levy ordinances at its meeting on June 3, 2019, the first Monday of June 2019, but anticipates that it may then have insufficient information as to the state budget requiring it to postpone action until June 10, 2019; and WHEREAS, in view of such likely development the Council finds it to be in the best interest of the City of Norwich to schedule its first regular meeting for the month of June 2019 for Monday, June 10, 2019 at 7:30 p.m. at City Council Chambers, irrespective of whether it has on or before that date adopted the budget, the appropriation ordinances, and the tax levy ordinances for fiscal year 2019-2020; and WHEREAS, establishing June 10, 2019 as the date of a regular meeting of the Council of the City of Norwich for June of 2019 should obviate the need to hold a meeting of the Council on June 3, 2019, the first Monday of June. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that a regular meeting of the Council of the City of Norwich be set for and hereby is scheduled for the second Monday of June, June 10, 2019, to take place at 7:30 p.m. at City Council Chambers in City Hall, Norwich, Connecticut to consider and act upon items then before it including, if necessary and among other things, the adoption of the budget, the appropriation ordinances and the tax levy ordinances for fiscal year 2019-2020; and that the Clerk of the City and Town of Norwich be and hereby is directed to post and give appropriate notice of the same to comply with the requirements of the Charter and Ordinances of the City of Norwich and with the Freedom of Information Act of the State of Connecticut; and 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 20, 2019 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the meeting of the Council of the City of Norwich scheduled to take place on Monday, June 3, 2019 at 7:30 p.m. be and hereby is cancelled. Upon motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adjourn at 9:40 P.M. City Clerk 9