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City Council

Regular Meeting

Norwich, CT · May 18, 2020

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 The regular meeting of the Council of the City of Norwich was held May 18, 2020 at 7:30 PM in Council Chambers. Present: Ald. Bettencourt, Ald. Nash, Gould, Wilson, Myles and DeLucia. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. President Pro Tem Bettencourt read the opening prayer and Ald. Wilson 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. Wilson read the following proclamation: PROCLAMATION WHEREAS, May 18th has been celebrated as Haitian Flag Day for generations, commemorating the flag’s creation in 1803 by Jean-Jacques Dessalines at the Congress of Arcahaie and recognizing the history, culture, and heritage of the Haitian people as they created their nation through a struggle for freedom that resonated across the globe and inspired independence movements in Latin America, Asia, and Africa; and WHEREAS, the coat of arms depicts a trophy of weapons atop a green hill and royal palm symbolizing independence; and WHEREAS, the motto L’Union Fait la Force means “Unity makes strength” depicts the vast amount of pride and dignity each Haitian has in their culture, community, and history; and WHEREAS, Norwich is home to a large Haitian community which is an integral part of the fabric of the Rose City and contributes immeasurably to the entire City’s rich and unique diversity; and WHEREAS, residents of Norwich are encouraged to take note of and honor the Haitian community, its history, and its role in and contributions to the City of Norwich. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM, NORWICH CITY COUNCIL PRESIDENT PRO TEM, MARK M. BETTENCOURT AND ALDERMAN DERELL Q. WILSON ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby proclaim May 18th Haitian Flag Day in the City of Norwich and encourage all our citizens to observe with appropriate programs, ceremonies and activities. Dated this Eighteenth Day of May, 2020 Peter Albert Nystrom Mark M. Bettencourt Mayor President Pro Tem Derell Q. Wilson Alderman Mayor Nystrom called for citizen comment. There were no speakers. Mayor Nystrom declared citizen comment closed. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING ORDINANCE 1714 ADOPTED FEBRUARY 17, 2015 PERTAINING TO THE ADOPTIVE REUSE AND REHABILITATION OF THE HISTORIC PONEMAH MILLS BY EXTENDING A DATE FOR THE TERMINATION OF THE CONSTRUCTION PERIOD FROM JULY 1, 2020 TO DECEMBER 31, 2021 Speaking in favor: There were no speakers. Speaking in opposition: There were no speakers. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for the second reading and action on AN ORDINANCE AMENDING ORDINANCE 1714 ADOPTED FEBRUARY 17, 2015 PERTAINING TO THE ADOPTIVE REUSE AND REHABILITATION OF THE HISTORIC PONEMAH MILLS BY EXTENDING A DATE FOR THE TERMINATION OF THE CONSTRUCTION PERIOD FROM JULY 1, 2020 TO DECEMBER 31, 2021 Upon a motion Ald. Gould, seconded Ald. Myles, on a roll call vote it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this ordinance being given it second reading. Upon a motion Ald. Gould, seconded by Ald. Myles, to adopt the below ordinance introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. AN ORDINANCE AMENDING ORDINANCE 1714 ADOPTED FEBRUARY 17, 2015 PERTAINING TO THE ADOPTIVE REUSE AND REHABILITATION OF THE HISTORIC PONEMAH MILLS BY EXTENDING A DATE FOR THE TERMINATION OF THE CONSTRUCTION PERIOD FROM JULY 1, 2020 TO DECEMBER 31, 2021 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that Ordinance No. 1714, adopted February 17, 2015, be amended to extend a date on which the Construction Period shall terminate from July 1, 2020 to December 31, 2021 or upon the issuance of the first Certificate of Occupancy (“CO”) for the property, whichever occurs first. The amendment extending the date is made in the first enacting clause utilized in Ordinance 1714 replacing the date July 1, 2020 with December 31, 2021 as a date the Construction Period shall terminate, the amendment shown as follows: NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that real estate taxes on the real property improvements associated with the historic redevelopment and adaptive reuse of the Mill shall be abated for a period of 15 years during its renovation (the “Construction Period”). The Construction Period shall commence at the time of the issuance of the first building permit for new construction after the date of approval of this ordinance but no later than July 1, 2020. The Construction Period shall terminate on July 1, 2020 December 31, 2021 or upon the issuance of the first Certificate of Occupancy (“CO”) for the property, whichever occurs first. The above ordinance passed on a roll call vote of 7-0. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 City Managers Report: To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: May 18, 2020 Meetings held via conference call or video conferencing included meetings with Governor Lamont, State representatives and legislators, Region 4 Division of Emergency Management & Homeland Security, Statewide COVID-19 Local Health Departments, SCCOG, School Budget Ad Hoc Committee, and Public Safety. City staff and I have also had multiple meetings with Jason Vincent from NCDC who has been coordinating with many of the local restaurants to open for outdoor dining according to the Governors guidelines for May 20th. The City will be providing traffic barricades and picnic tables in some areas based on the restaurants plan. Downtown restaurants included for outdoor dining are Billy Wilsons, These Guys, and La Stella. Olde Tymes, 99 Restaurant, Sunset Pizza and Manny’s are also planning to add outdoor areas. Restaurants resuming and working on a plan are Harp and Dragon, Scores at Holiday Inn, Caddy Shack, Canggio, 86’d, Uncle D’s Blazin’ BBQ, Johnny’s Clam Shack and Poppy and Rye. Thank you Jason for providing the tools to assist our community restaurants to reopen Connecticut. The Office of Community Development is accepting Community Development Block Grant applications for Program Year 45 as a substantial amendment to the current 2019-2020 annual plan until 4 pm on May 21st. Funding is available in the amount of $506,569 and the funds must be utilized to prevent, prepare for or respond to the Covid-19 virus. Lee-Ann Gomes, Director of Norwich Human Services and member of the Complete Count Committee has been working diligently to assist the City’s residents to complete their census forms. Since the City’s original outreach for the census was affected by Covid-19 she has gotten approval to allow caseworkers and volunteers to assist with phone calls to arrange census workers to contact our residents to complete the census over the phone. Thank you to the members and volunteers from the Complete Count Committee and students workers supplied from a grant from the Community Foundation of Eastern Connecticut and Representative Kevin Ryan who has been instrumental in assisting the City with this plan. Everyone counts. Upon a motion of President Pro Tem Bettencourt, seconded by Ald. Wilson, on a roll call vote it was unanimously voted to suspend the rules. Upon a motion of Ald. Nash, seconded by Ald. Wilson, on a roll call vote it was unanimously voted to add the following resolution #6 introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Nash. WHEREAS, Ned Lamont, Governor of the State of Connecticut, on March 10, 2020, issued declarations of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the Coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed spread in Connecticut, and on March 12, 2020 issued Executive Order No. 7 for the protection of public health and safety to take effect immediately and remain in effect for the duration of the state of emergency, unless earlier modified; and 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 WHEREAS, Governor Ned Lamont has since issued a number of Executive Orders relative to his declaration of public health and civil preparedness emergencies, which orders, including but not limited to any rules or guidelines issued by the Department of Economic and Community Development (DECD) for operations of businesses, have, among other things, restricted certain activities within the State of Connecticut for varying periods of time; some of which have been by subsequent orders clarified, modified, extended or terminated, and some of which, including Executive Order 7MM, have suspended or modified the provision of certain Connecticut General Statutes or any special act, municipal charter, ordinance, resolution, or regulation that conflicts with Executive Order 7MM (all such state and municipal laws and regulations being collectively described as the (“Covered Laws”); and WHEREAS, by Executive Order 7MM, issued May 12, 2020 Governor Lamont indicated that his intention to issue an executive order. . . “in the coming days providing for limited increased economic and recreational activity, including outdoor dining and outdoor retail, with conditions designed to protect the public health by reducing the risk of transmission of COVID-19”; and WHEREAS, Executive Order 7MM, DECD Guidelines, and various Sector Rules issued under the title Reopen Connecticut establish a reopening process for certain sectors of Connecticut businesses, including outdoor dining and retail, which process provides for an expedited municipal review to be conducted by the individual municipal officials generally responsible for administrative enforcement of the relevant Covered Law or his or her designee, all referred to as the “Local Enforcement Official”; and WHEREAS, the Council of the City of Norwich desires to avoid undue delay in the municipal review process, which may include review of requests to share lots, make use of expanded spaces, utilize appropriate sidewalks and non-vehicular rights-of-way as well as vehicular rights-of-way, through appropriate coordination on the part of local enforcement officers including the expediting of any necessary approvals or sign-offs; and WHEREAS, the Council of the City of Norwich finds it to be in the interest of the city to permit the use of sidewalks and non-vehicular rights-of-way as well as vehicular rights-of-way when such can be done in a safe and protected manner consistent with the requirements and restrictions imposed under the governor’s executive orders, including Executive Order 7MM, DECD Guidelines, the Sector Rules applicable to Reopening Connecticut and any amendments thereto NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed to coordinate expedited municipal reviews for outdoor dining and retail, to consult as he deems appropriate and necessary with Local Enforcement Officials including the zoning enforcement officer, the building official, the director of Public Works, the police chief and fire chief, the general manager of Norwich Public Utilities, the planning director, representatives of the Norwich Community Development Corporation, and representatives of the Uncas Health District and to assist to make available for the use of outdoor dining city-owned properties, if located within appropriately zoned areas, and public sidewalk and non-vehicular rights-of-way and vehicular rights-of-way within the control of the City of Norwich when it is his opinion and that of any involved Local Enforcement Official this may be safely and efficiently done. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 AND BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed on behalf of the City of Norwich to enter into agreements satisfactory to him and the appropriate Local Enforcement Officials relative to the use of city property, sidewalks and non-vehicular rights-of-way, and vehicular rights-of-way in support of Outdoor Activities as defined in section 7MM of the General Statutes, subject to the terms and conditions of Executive Order 7MM, DECD Guidelines, and Section Rules applicable to such use and any amendments thereto, so long as the same shall be effective under the state of emergency declared by Governor Ned Lamont. Mayor Nystrom called for citizen comment. Marvin Serruto, 100 Starr St, spoke in favor of Resolution #3 and also spoke in favor of opening the City in Resolution #6 as soon as possible. Brian Kobylarz, 16 Hobart Ave, asked to have Resolution #6 read into the record. Joanne Philbrick, 10 Elm Ave, spoke in opposition to Resolution #6 being put on the agenda at the last minute. Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Myles, seconded by President Pro Tem Bettencourt, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. WHEREAS, the Council of the City of Norwich, by resolution adopted April 6, 2015 leased certain land located off Wawecus Street between Routes 2 and 32 and the Norwich Little League complex from the State of Connecticut through its Department of Transportation, to be used for recreational purposes only, continuing a practice of leasing this land; and WHEREAS, the lease runs for a term of five (5) years through July 31, 2020 and requires no monetary consideration; and WHEREAS, the lease provides the City with the right to renew the lease for up two (2) additional five (5) year terms, subject to review and update of the rental fee; and WHEREAS, the City is required to give notice to the state in order to exercise an option. NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed to execute and deliver to the state an acknowledgment of the City’s decision to renew the lease for an additional five (5) year period through July 31, 2025, all of the terms and conditions of the subject Lease Agreement to remain in full force and effect, by executing and returning a copy of the letter dated May 4, 2020, attached hereto as Exhibit A, with such other acknowledgment as he may deem appropriate. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 Upon a motion of Ald. Myles, seconded by Ald. Nash, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Myles. BE IT RESOLVED that the following be appointed as a regular member to the Community Development Advisory Committee for a term to expire on December 31, 2020 or until a successor is appointed; H. Tucker Braddock (D) Upon a motion of Ald. Wilson, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the following resolution introduced by President Pro Tem Bettencourt, Ald. Wilson, Myles and Ald. DeLucia. WHEREAS, in accordance with the Charter of the City of Norwich, the City Manager has submitted to the Council his proposed budget for the 2020-2021; and WHEREAS, the Council has held a public hearing on this budget, has initially acted upon the City Manager’s proposed budget in accordance with the Charter, and has held a second public hearing on the budget; and WHEREAS, the Council recognizes that the City, and State are faced with exceptional financial challenges for the upcoming fiscal year, challenges which are to be addressed at a time of substantial uncertainty given the COVID-19 pandemic; and WHEREAS, the Council finds it would be in the best interest of the City to limit city hiring and promotions during the remaining budget deliberation process prior to the adoption of the 2020-2021 budget, and to exercise fiscal prudence for a period thereafter, while also recognizing that some positions may need to be filled or will advantage the City by being filled, and acknowledging that the ongoing process of filling necessary city positions can be lengthy as such often requires the administration of tests and interviews prior to any decision on hiring. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be requested to implement a freeze on hiring whenever possible as to permanent positions in the City of Norwich to remain in effect until December 31, 2020, but excepting from such freeze his filling positions and making promotions when he has determined, in consultation with the Human Resources Director, that this is required by contract, required under current circumstances and/or Executive Order of the Governor, or which can be reasonably expected to result in a net savings to the City of Norwich. Upon a motion of Ald. Gould, seconded by Ald. Nash, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 WHEREAS, the Connecticut Department of Emergency Services and Public Protection maintains the Connecticut Land Mobile Radio Network (CLMRN) and encourages the shared use of the same in the State of Connecticut; and WHEREAS, the City wishes to share the use of the CLMRN in order to improve public safety communications and enhance public safety; and WHEREAS, the City of Norwich, has entered into a Construction and Right of Entry License Agreement with Wheelabrator Lisbon, Inc. allowing it to install an antenna and supporting equipment at the Wheelabrator facility in Lisbon, Connecticut, which equipment has been installed and is being tested for operational use with the CLMRN, and has established a communications facility on Orchard Street in Norwich including the installation and maintenance of equipment for operational use with the CLMRN; and WHEREAS, the City of Norwich and the State of Connecticut through the Connecticut Department of Emergency Services and Public Protection propose to enter into a Memorandum of Understanding, to be substantially in the form of the document attached hereto as Exhibit A, to establish the respective parties responsibilities and other terms and conditions with respect to the city’s use of the CLMRN; NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed on behalf of the City of Norwich to enter into, execute, deliver and receive a Memorandum of Understanding substantially similar to Exhibit A and satisfactory to him between the Connecticut Department of Emergency Services and Public Protection relative to the city’s use of the Connecticut Land Mobile Radio Network. Memorandum of Understanding Upon a motion of Ald. Nash, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. WHEREAS, the State of Connecticut through the Connecticut Department of Emergency Services and Public Protection maintains a telecommunication facility located at 389 Ekonk Hill Road, Sterling, Connecticut; and WHEREAS, the Connecticut Department of Emergency Services and Public Protection permits multiple entities to share this telecommunications facility as a means of improving their individual communications networks throughout the State of Connecticut thus preventing the proliferation of telecommunication towers throughout the state; and WHEREAS, the City wishes to utilize this telecommunications facility to support its use of the Connecticut Land Mobile Radio Network thereby substantially improving the communications network used within the City of Norwich and to support the facilities the City of Norwich will be utilizing at the Wheelabrator facility in Lisbon, Connecticut in connection of its use of the Connecticut Land Mobile Radio Network; and 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 WHEREAS, the State of Connecticut Department of Emergency Services and Public Protection has requested the City of Norwich enter into a License Agreement or Memorandum of Understanding with respect to the City’s use of this telecommunications facility site, including Norwich’s location and storage of equipment thereupon, a draft copy of a draft License Agreement being attached to this resolution as Exhibit A. NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed on behalf of the City of Norwich to enter into, execute, deliver and receive a License Agreement or Memorandum of Understanding satisfactory to him between the Connecticut Department of Emergency Services and Public Protection relative to the City’s shared use of the telecommunications facility located at 389 Ekonk Hill Road, Sterling, Connecticut. License Agreement Upon a motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to put the following resolution on the floor. Upon a motion of President Pro Tem Bettencourt, seconded by Ald. Gould, on a roll call vote it was unanimously voted to amend the following resolution in the last paragraph to change “General Statutes” to Executive Order”. WHEREAS, Ned Lamont, Governor of the State of Connecticut, on March 10, 2020, issued declarations of public health and civil preparedness emergencies, proclaiming a state of emergency throughout the State of Connecticut as a result of the Coronavirus disease 2019 (COVID-19) outbreak in the United States and confirmed spread in Connecticut, and on March 12, 2020 issued Executive Order No. 7 for the protection of public health and safety to take effect immediately and remain in effect for the duration of the state of emergency, unless earlier modified; and WHEREAS, Governor Ned Lamont has since issued a number of Executive Orders relative to his declaration of public health and civil preparedness emergencies, which orders, including but not limited to any rules or guidelines issued by the Department of Economic and Community Development (DECD) for operations of businesses, have, among other things, restricted certain activities within the State of Connecticut for varying periods of time; some of which have been by subsequent orders clarified, modified, extended or terminated, and some of which, including Executive Order 7MM, have suspended or modified the provision of certain Connecticut General Statutes or any special act, municipal charter, ordinance, resolution, or regulation that conflicts with Executive Order 7MM (all such state and municipal laws and regulations being collectively described as the (“Covered Laws”); and WHEREAS, by Executive Order 7MM, issued May 12, 2020 Governor Lamont indicated that his intention to issue an executive order. . . “in the coming days providing for limited increased economic and recreational activity, including outdoor dining and outdoor retail, with conditions designed to protect the public health by reducing the risk of transmission of COVID-19”; and 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 18, 2020 WHEREAS, Executive Order 7MM, DECD Guidelines, and various Sector Rules issued under the title Reopen Connecticut establish a reopening process for certain sectors of Connecticut businesses, including outdoor dining and retail, which process provides for an expedited municipal review to be conducted by the individual municipal officials generally responsible for administrative enforcement of the relevant Covered Law or his or her designee, all referred to as the “Local Enforcement Official”; and WHEREAS, the Council of the City of Norwich desires to avoid undue delay in the municipal review process, which may include review of requests to share lots, make use of expanded spaces, utilize appropriate sidewalks and non-vehicular rights-of-way as well as vehicular rights-of-way, through appropriate coordination on the part of local enforcement officers including the expediting of any necessary approvals or sign-offs; and WHEREAS, the Council of the City of Norwich finds it to be in the interest of the city to permit the use of sidewalks and non-vehicular rights-of-way as well as vehicular rights-of-way when such can be done in a safe and protected manner consistent with the requirements and restrictions imposed under the governor’s executive orders, including Executive Order 7MM, DECD Guidelines, the Sector Rules applicable to Reopening Connecticut and any amendments thereto NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed to coordinate expedited municipal reviews for outdoor dining and retail, to consult as he deems appropriate and necessary with Local Enforcement Officials including the zoning enforcement officer, the building official, the director of Public Works, the police chief and fire chief, the general manager of Norwich Public Utilities, the planning director, representatives of the Norwich Community Development Corporation, and representatives of the Uncas Health District and to assist to make available for the use of outdoor dining city-owned properties, if located within appropriately zoned areas, and public sidewalk and non-vehicular rights-of-way and vehicular rights-of-way within the control of the City of Norwich when it is his opinion and that of any involved Local Enforcement Official this may be safely and efficiently done. AND BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed on behalf of the City of Norwich to enter into agreements satisfactory to him and the appropriate Local Enforcement Officials relative to the use of city property, sidewalks and non-vehicular rights-of-way, and vehicular rights-of-way in support of Outdoor Activities as defined in section 7MM of the Executive Order, subject to the terms and conditions of Executive Order 7MM, DECD Guidelines, and Section Rules applicable to such use and any amendments thereto, so long as the same shall be effective under the state of emergency declared by Governor Ned Lamont. Motion passes on a roll call vote of 7-0. Upon motion of Ald. Gould seconded by Ald. Nash, on a roll call vote it was unanimously voted to adjourn at 8:58 P.M. City Clerk 9

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH May 18, 2020 7:30 PM The meeting of the Council will seek to comply with the directives of Executive Order 7B-1 issued by Governor Ned Lamont on March 14, 2020, together with any Executive Orders subsequently issued which pertain to such meetings. The Mayor, members of the City Council, the City Manager, City Clerk, Comptroller and Corporation Counsel shall be present in person but separated by appropriate social distancing at Council chambers or participate remotely by conference call, video conference or other technology. The meeting shall be televised on the Public Access Channel in real time and posted on the city website, www.norwichct.org, consistent with Executive Order 7B-1 and the usual practices of the City of Norwich. All remarks or comments made by the Mayor, the members of the Norwich City Council, city officials, and by the public during Citizen Comment General (30 minutes) and the Citizen Comment on resolutions portion of the meeting, shall be included. The citizen comment general (30 minutes) and comments of citizen on resolutions may be made telephonically pursuant to the following instructions: Call phone number first dial 860-215-8140 and then when prompted, enter the conference ID# 4038191 followed by the pound (#) key. This number will be available only during the citizen comment general (30 minutes) and public comment period listed on the agenda as Citizen Comment General (30 minutes) and Citizen Comment on resolutions. Its use commences when Citizen Comment General (30 minutes) and Citizen Comment on resolutions is reached and opened by the Mayor. Any calls must be made prior to the Mayor’s announcement that the Citizen Comment General (30 minutes) and Citizen Comment on resolutions period has ended. Citizen Comment General (30 minutes) and Citizen Comments on resolutions limited to the resolutions on the agenda may also be sent by email or means of other written communication stating the name, address and title if applicable, of the sender. Emails should be sent to the office of the Mayor at mayorsoffice@cityofnorwich.org and other written communication sent or delivered to the office of the Mayor, 100 Broadway, Norwich, CT 06360. Emails must be received by 7:00 p.m., the above mentioned date, and other written communications received by 4:30 p.m., the above mentioned date, to be made available to the City Council for this meeting. Citizen Comment General (30 minutes) and Citizen Comments will be limited to the resolutions on the agenda only. All speakers taking part in the Citizen Comment on resolutions portion of the meeting shall clearly state their name, address and title, if applicable, before speaking and will be limited to three minutes. PRAYER PLEDGE OF ALLEGIANCE PROCLAMATION: Haitian Flag Day CITIZEN COMMENT GENERAL (30 Minutes) call phone number first dial 860-215-8140 and then when prompted, enter the conference ID# 4038191 followed by the pound (#) key PUBLIC HEARING 1. AN ORDINANCE AMENDING ORDINANCE 1714 ADOPTED FEBRUARY 17, 2015 PERTAINING TO THE ADOPTIVE REUSE AND REHABILITATION OF THE HISTORIC PONEMAH MILLS BY EXTENDING A DATE FOR THE TERMINATION OF THE CONSTRUCTION PERIOD FROM JULY 1, 2020 TO DECEMBER 31, 2021 SECOND READING AND ACTION ON THE PROPOSED ORDINANCE LISTED ABOVE CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS (only on the agenda items) call phone number first dial 860-215-8140 and then when prompted, enter the conference ID# 4038191 followed by the pound (#) key NEW BUSINESS-RESOLUTIONS 1. Relative to authorizing City Manager, John L Salomone to execute and deliver an extension of a lease agreement with the State of Connecticut Department of Transportation pertaining to: land located off Wawecus Street between Rt. 2 and Rt. 32 and the Norwich Little League complex. 2. Relative to an appointment to the Community Development Advisory Committee. 3. Relative to a hiring freeze for permanent positions. 4. Relative to City Manager to enter into, execute and deliver a Memorandum of Understanding between Department of Emergency Services and Public Protection relative to the City’s use of Connecticut Land Mobile Radio Network. 5. Relative to City Manager to enter into, execute and deliver a License Agreement relative to the City’s use of a communication facility located at 389 Ekonk Hill Road, Sterling CT. City Clerk City Of Norwich Mayors Office Peter Albert Nystrom, Mayor PROCLAMATION WHEREAS, May 18th has been celebrated as Haitian Flag Day for generations, commemorating the flag’s creation in 1803 by Jean-Jacques Dessalines at the Congress of Arcahaie and recognizing the history, culture, and heritage of the Haitian people as they created their nation through a struggle for freedom that resonated across the globe and inspired independence movements in Latin America, Asia, and Africa; and WHEREAS, the coat of arms depicts a trophy of weapons atop a green hill and royal palm symbolizing independence; and WHEREAS, the motto L’Union Fait la Force means “Unity makes strength” depicts the vast amount of pride and dignity each Haitian has in their culture, community, and history; and WHEREAS, Norwich is home to a large Haitian community which is an integral part of the fabric of the Rose City and contributes immeasurably to the entire City’s rich and unique diversity; and WHEREAS, residents of Norwich are encouraged to take note of and honor the Haitian community, its history, and its role in and contributions to the City of Norwich. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM, NORWICH CITY COUNCIL PRESIDENT PRO TEM, MARK M. BETTENCOURT AND ALDERMAN DERELL Q. WILSON ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby proclaim May 18th Haitian Flag Day in the City of Norwich and encourage all our citizens to observe with appropriate programs, ceremonies and activities. Dated this Eighteenth Day of May, 2020 Peter Albert Nystrom Mark M. Bettencourt Mayor President Pro Tem Derell Q. Wilson Alderman PUBLIC HEARING #1 AN ORDINANCE AMENDING ORDINANCE 1714 ADOPTED FEBRUARY 17, 2015 PERTAINING TO THE ADOPTIVE REUSE AND REHABILITATION OF THE HISTORIC PONEMAH MILLS BY EXTENDING A DATE FOR THE TERMINATION OF THE CONSTRUCTION PERIOD FROM JULY 1, 2020 TO DECEMBER 31, 2021 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that Ordinance No. 1714, adopted February 17, 2015, be amended to extend a date on which the Construction Period shall terminate from July 1, 2020 to December 31, 2021 or upon the issuance of the first Certificate of Occupancy (“CO”) for the property, whichever occurs first. The amendment extending the date is made in the first enacting clause utilized in Ordinance 1714 replacing the date July 1, 2020 with December 31, 2021 as a date the Construction Period shall terminate, the amendment shown as follows: NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that real estate taxes on the real property improvements associated with the historic redevelopment and adaptive reuse of the Mill shall be abated for a period of 15 years during its renovation (the “Construction Period”). The Construction Period shall commence at the time of the issuance of the first building permit for new construction after the date of approval of this ordinance but no later than July 1, 2020. The Construction Period shall terminate on July 1, 2020 December 31, 2021 or upon the issuance of the first Certificate of Occupancy (“CO”) for the property, whichever occurs first. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould RESOLUTION #1 WHEREAS, the Council of the City of Norwich, by resolution adopted April 6, 2015 leased certain land located off Wawecus Street between Routes 2 and 32 and the Norwich Little League complex from the State of Connecticut through its Department of Transportation, to be used for recreational purposes only, continuing a practice of leasing this land; and WHEREAS, the lease runs for a term of five (5) years through July 31, 2020 and requires no monetary consideration; and WHEREAS, the lease provides the City with the right to renew the lease for up two (2) additional five (5) year terms, subject to review and update of the rental fee; and WHEREAS, the City is required to give notice to the state in order to exercise an option. NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed to execute and deliver to the state an acknowledgment of the City’s decision to renew the lease for an additional five (5) year period through July 31, 2025, all of the terms and conditions of the subject Lease Agreement to remain in full force and effect, by executing and returning a copy of the letter dated May 4, 2020, attached hereto as Exhibit A, with such other acknowledgment as he may deem appropriate. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould RESOLUTION #1 EXHIBIT A RESOLUTION #2 BE IT RESOLVED that the following be appointed as a regular member to the Community Development Advisory Committee for a term to expire on December 31, 2020 or until a successor is appointed; H. Tucker Braddock (D) President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould Alderwoman Ella C. Myles RESOLUTION #3 WHEREAS, in accordance with the Charter of the City of Norwich, the City Manager has submitted to the Council his proposed budget for the 2020-2021; and WHEREAS, the Council has held a public hearing on this budget, has initially acted upon the City Manager’s proposed budget in accordance with the Charter, and has held a second public hearing on the budget; and WHEREAS, the Council recognizes that the City, and State are faced with exceptional financial challenges for the upcoming fiscal year, challenges which are to be addressed at a time of substantial uncertainty given the COVID-19 pandemic; and WHEREAS, the Council finds it would be in the best interest of the City to limit city hiring and promotions during the remaining budget deliberation process prior to the adoption of the 2020-2021 budget, and to exercise fiscal prudence for a period thereafter, while also recognizing that some positions may need to be filled or will advantage the City by being filled, and acknowledging that the ongoing process of filling necessary city positions can be lengthy as such often requires the administration of tests and interviews prior to any decision on hiring. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be requested to implement a freeze on hiring whenever possible as to permanent positions in the City of Norwich to remain in effect until December 31, 2020, but excepting from such freeze his filling positions and making promotions when he has determined, in consultation with the Human Resources Director, that this is required by contract, required under current circumstances and/or Executive Order of the Governor, or which can be reasonably expected to result in a net savings to the City of Norwich. President Pro Tem Mark M. Bettencourt Alderman Derell Q. Wilson Alderwoman Ella C. Myles Alderman Joseph A. DeLucia RESOLUTION #4 WHEREAS, the Connecticut Department of Emergency Services and Public Protection maintains the Connecticut Land Mobile Radio Network (CLMRN) and encourages the shared use of the same in the State of Connecticut; and WHEREAS, the City wishes to share the use of the CLMRN in order to improve public safety communications and enhance public safety; and WHEREAS, the City of Norwich, has entered into a Construction and Right of Entry License Agreement with Wheelabrator Lisbon, Inc. allowing it to install an antenna and supporting equipment at the Wheelabrator facility in Lisbon, Connecticut, which equipment has been installed and is being tested for operational use with the CLMRN, and has established a communications facility on Orchard Street in Norwich including the installation and maintenance of equipment for operational use with the CLMRN; and WHEREAS, the City of Norwich and the State of Connecticut through the Connecticut Department of Emergency Services and Public Protection propose to enter into a Memorandum of Understanding, to be substantially in the form of the document attached hereto as Exhibit A, to establish the respective parties responsibilities and other terms and conditions with respect to the city’s use of the CLMRN; NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed on behalf of the City of Norwich to enter into, execute, deliver and receive a Memorandum of Understanding substantially similar to Exhibit A and satisfactory to him between the Connecticut Department of Emergency Services and Public Protection relative to the city’s use of the Connecticut Land Mobile Radio Network. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould RESOLUTION #4 EXHIBIT A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CONNECTICUT DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION AND CITY OF NORWICH AGREEMENT, made this day of , 2020, by and between the Connecticut Department of Emergency Services and Public Protection, Division of Statewide Emergency Telecommunications (hereinafter “DESPP”), acting herein by its Commissioner, James C. Rovella, having a principal business address at 1111 Country Club Road, Middletown, Connecticut, 06457, and the City of Norwich, acting herein by John L. Salomone, City Manager, duly authorized, hereinafter referred to as “the City”, having a principal office at Norwich City Hall, 100 Broadway, Norwich, CT 06360. This Memorandum of Understanding (“MOU”) is intended to set forth the parties’ Agreement with respect to use of the Connecticut Land Mobile Radio Network (hereinafter “the CLMRN”) by the City and use by the City of City-owned subscriber units for incorporation into the CLMRN. WITNESSETH: WHEREAS, DESPP maintains the Connecticut Land Mobile Radio Network (CLMRN); WHEREAS, DESPP wishes to encourage the shared use of the CLMRN in the State of Connecticut; WHEREAS, the City wishes to share in the use of the CLMRN in order to efficiently improve public safety communications and enhance public safety; WHEREAS, both DESPP and the City believe that shared use of the CLMRN will improve public safety communications and enhance the interests of public safety within the City’s borders, while it provides such improved service at a greater value to taxpayers; NOW, THEREFORE, in consideration of mutual covenants and conditions hereinafter stated, the parties agree as follows: 1 RESOLUTION #4 EXHIBIT A 1. Effective Date and Term: This MOU shall be effective when all parties have executed it and all required approvals have been granted. This MOU may be modified upon the mutual written consent of the parties. The initial term of the MOU shall be for five years; renewable for four additional five-year terms. Each successive term shall automatically renew, unless the parties give two years’ written notice. 2. Authority to Enter into MOU: DESPP is authorized to enter into this MOU by action of the Commissioner of the Department of Emergency Services and Public Protection under authority of CGS § 4-8. The City is authorized to enter into this MOU pursuant to its general powers provided under CGS § 7-148 et seq. and the City of Norwich Charter. 3. City’s Responsibilities: A. Prior to joining the CLMRN, the City shall ensure that it meets all equipment and other requirements necessary to ensure compatibility with and protect against degradation of the CLMRN. Such equipment and other requirements shall include, but not be limited to, portable radios, mobile radios, dispatch consoles, building enhancements, antennas, cabling, backup power, recording devices and subscriber devices/units. B. The City may only use DESPP-approved radios, with authorized and validated serial numbers, talk groups and radio ID's. A list of approved radios is available upon request. The City is responsible for the programming of its subscriber units. Before programming any subscriber units, the City shall provide a list of the radios, each identified by: vendor/service provider, manufacturer, model number, serial number, configuration, firmware release, flash version or operating version, and the template it proposes to use. C. In the event that the City desires enhanced radio coverage that requires additional radio site(s), the City shall fund the costs of procuring and equipping any such additional sites. Maintenance costs for any such additional sites shall be the responsibility of the City. 2 RESOLUTION #4 EXHIBIT A D. The City shall purchase all portable and mobile radios for 160 City subscribers approved by DESPP. Subsequent subscribers may be added by mutual agreement. E. The City shall provide compatible dispatch consoles, if desired. F. The City shall secure all necessary licensing fees for all City purchased and maintained equipment. G. The City shall fund, maintain, repair and secure reasonable upgrades to portable and mobile radios, dispatch consoles and other necessary equipment. H. The City may make further upgrades during the term of the MOU, provided that such upgrades are approved by DESPP. I. The City shall provide reasonable support to DESPP in managing the City’s use of the CLMRN. J. The City and DESPP shall mutually agree on an initial programming template and all subsequent changes for all consoles and subscriber units. K. The City agrees to hold and treat all subscriber programming information as confidential/public safety sensitive and will not release any information to any third- party without approval of DESPP, except as provided by law. 4. DESPP’s Responsibilities A. DESPP shall provide reasonable support to the City for the management of the CLMRN. “Reasonable support” contemplates that DESPP will make a “best effort” as such phrase is commonly understood. This MOU does not contemplate that DESPP will provide specific state resources or service levels. Additionally, DESPP does not make any warranties, express or implied, regarding operation of the CLMRN. B. DESPP shall make its best effort to ensure that participation by other municipalities will not degrade performance of the CLMRN within the City’s borders. C. DESPP shall review requests for additional subscriber units or talk groups from the City and consider the capacity of the overall system, the impact on system 3 RESOLUTION #4 EXHIBIT A management, the desired grade of service as well as the system capacity in the geographic area of the City when rendering a decision on the request. D. DESPP agrees to resolve disputes between it and the City at the manager/supervisor level whenever practicable. Disputes that cannot be resolved at the designated manager/supervisor level shall be elevated to the level of the director of DSET or designee and the chief elected official or designee. E. DESPP shall be responsible for the assignment of subscriber identification numbers and assignment of talk groups. DESPP is not responsible for the programming of subscriber units not owned by DESPP. F. DESPP shall provide access to the CLMRN without charging a user fee or subscriber fee for the entire duration of this MOU. 5. Other Terms and Conditions: A. Subscriber unit coverage is not guaranteed and will vary from location to location. The City is encouraged to conduct its own radio communications coverage test to determine the expected coverage level in its desired coverage areas. B. Private calling permits properly programmed radios to engage in "one-on-one" conversations. Only the initiating and target radios are able to communicate. Private calling can significantly tie up system resources. At the discretion of DESPP, certain subscriber units of the City may be permitted to access private calling, after DESPP makes a determination of the need and potential impact to the System. C. System keys for programming are authorized only to the City for the purposes specified in this agreement. System keys are to remain in the possession of the designated City representative(s) at all times. When not in use, system keys shall be secured. System keys are subject to audit and will be issued for one year, renewable for the duration of the Agreement. D. The programming of unauthorized talk groups will be considered a violation of this MOU and may result in the revocation of programming privileges. E. The City assumes responsibility and liability for programming of its subscribers and its proper functioning. 4 RESOLUTION #4 EXHIBIT A F. Programming can be a complicated and time consuming process. The City represents that those that are permitted to program radios to be used on the CLMRN have attended and successfully demonstrated competence at manufacturer- level training for the subscribers to be used on the network. G. The City represents and warrants to DESPP that it has duly authorized execution and delivery of this MOU and the obligations assumed by it hereunder; that the City shall comply with all applicable state and federal laws and municipal ordinances in satisfying its obligations under and pursuant to this MOU; that the execution, delivery and performance of this MOU shall not violate, be in conflict with, result in a breach of or constitute (with or without due notice and/or lapse of time) a default under any of the following as applicable: (i) any provision of law; (ii) any order of any court or department; or (iii) any indenture, agreement, document, or other instrument to which it is a party or may be bound. H. This MOU, its terms and conditions and claims arising therefrom shall be governed by Connecticut law and court decisions without giving effect to Connecticut’s principles of conflicts of laws. I. Nothing in this MOU shall be construed as a waiver or limitation of sovereign immunity by the State of Connecticut or DESPP. J. This MOU contains the entire understanding between the parties hereto and supersedes any and all prior understandings, negotiations and agreements, whether written or oral, between them respecting the subject matter herein. K. The parties each bind themselves, successors, assigns and legal representatives with respect to all covenants of this MOU. L. Any notices required or permitted under this MOU shall be deemed to be given when hand-delivered or one business day after pick up by an overnight express service to the parties below: As to the City of Norwich: City Manager or designee Norwich City Hall 100 Broadway, Norwich, CT 06360 5 RESOLUTION #4 EXHIBIT A As to the State of Connecticut: Director of Statewide Emergency Telecommunications or designee 1111 Country Club Road Middletown, CT 06457 STATE OF CONNECTICUT DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION Date________________ By_________________________________ James C. Rovella Its Commissioner Duly Authorized CITY OF NORWICH Date_________________ By_________________________________ John L. Salomone Its City Manager Duly Authorized 6 RESOLUTION #5 WHEREAS, the State of Connecticut through the Connecticut Department of Emergency Services and Public Protection maintains a telecommunication facility located at 389 Ekonk Hill Road, Sterling, Connecticut; and WHEREAS, the Connecticut Department of Emergency Services and Public Protection permits multiple entities to share this telecommunications facility as a means of improving their individual communications networks throughout the State of Connecticut thus preventing the proliferation of telecommunication towers throughout the state; and WHEREAS, the City wishes to utilize this telecommunications facility to support its use of the Connecticut Land Mobile Radio Network thereby substantially improving the communications network used within the City of Norwich and to support the facilities the City of Norwich will be utilizing at the Wheelabrator facility in Lisbon, Connecticut in connection of its use of the Connecticut Land Mobile Radio Network; and WHEREAS, the State of Connecticut Department of Emergency Services and Public Protection has requested the City of Norwich enter into a License Agreement or Memorandum of Understanding with respect to the City’s use of this telecommunications facility site, including Norwich’s location and storage of equipment thereupon, a draft copy of a draft License Agreement being attached to this resolution as Exhibit A. NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed on behalf of the City of Norwich to enter into, execute, deliver and receive a License Agreement or Memorandum of Understanding satisfactory to him between the Connecticut Department of Emergency Services and Public Protection relative to the City’s shared use of the telecommunications facility located at 389 Ekonk Hill Road, Sterling, Connecticut. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould RESOLUTION #5 EXHIBIT A This page intentionally left blank 10

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