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City Council

Regular Meeting

Norwich, CT · November 21, 2022

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 The regular meeting of the Council of the City of Norwich was held November 21, 2022 at 7:30 PM at Kelly STEAM Magnet Middle School. Present: Mayor Nystrom, President Pro Tem DeLucia, Ald. Neuendorf, Gould, Singh, Burto and Wilson. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Wilson read the opening prayer and Ald. Singh 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”. Mayor Nystrom called for citizen comment. Linda Snarski, 15 Mish Dr, talked about the six roundabouts being extremely excessive and asked to have DOT explore alternative suggestions. Beryl Fishbone, 19 Bliss Pl, asked the Council to dedicate three minutes a meeting to talk about that is going on in the City Departments. Joanne Philbrick, Norwichtown, asked the Council to be open and honest with the trust placed in them by the citizens. She also asked for monthly meetings to happen to engage with the citizens. Tamir Capehart, 90 North St, asked the Council to be more transparent with those who are disabled. Mayor Nystrom declared citizen comment closed. Mayor Nystrom called for the following public hearing on AN ORDINANCE AMENDING SECTION 8-17 OF THE NORWICH CODE OF ORDINANCES Speaking in favor: Chief Tracy Montoya, Norwich Fire Department, after a month of work on the automatic aid with the Chief’s and City Manager, this Ordinance seems like the best option. Ella Myles, 39 Pine St, stated it makes good business sense and it reduces cost while still keeping our citizens safe. Janet Koch, 35 South B St, supports this Ordinance stating that it helps with structure fires and protecting the lives of our citizens. Linda Theodore, 37 Taftville-Occum Rd, stated she read the 2020 Fire Study Report and felt the fire fighters don’t work together and felt they should be doing the best and be accountable to the taxpayers of Norwich. Bob Aldi, 231 Scotland Rd, talked about the rivalry and stated accountability is needed. He asked for an impartial Fire Manager. Mark Bettencourt, 129 Merchant Ave, supports this Ordinance stating these changes need to be codified. He asked if this enhances Public Safety. Lawrence Lizzette, Watercress Ave, stated this is a serious decision about finances. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 Speaking in opposition: Chief Bill Eyberse, Yantic Volunteer Fire Department, asked the Council to listen to both sides and gather the facts then make the right decision for the City. He asked what is the mission and the best way to handle it. Chief Tim Jencks, Taftville Volunteer Fire Department, brought up concerns about items never mentioned that are in this Ordinance. Chief Aaron Westervelt, Laurel Hill Fire Department, talked about the 10 months of work on this and this policy doesn’t require an Ordinance which was decided without the Chief. He stated this is not acting in good faith. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for the following public hearing on AN ORDINANCE REPEALING SECTION 8‐18 OF THE NORWICH CODE OF ORDINANCES AND REPLACING IT WITH AN AMENDED SECTION 8‐18. Speaking in favor: There were no speakers. Speaking in opposition: Ed Martin, Former Chief Laurel Hill Volunteer Fire Department, talked about the McGrath Study which didn’t give the fire fighters enough time to talk about their fire house. In the study it stated six pieces of apparatus should go. He doesn’t like the way this Ordinance is structured. Peter Clark, Deputy Chief Laurel Hill Volunteer Fire Department, asked what is best for the individuals and or will hurt our ability to respond. He asked not to strip away our ability (by removing equipment) this help us do what is best for the people. Mark Bettencourt, 129 Merchants Ave, stated concerns about reduction of the fleet and stated the equipment should be kept until they are ready to retire. He also talked about procurement. Steve Caisse, Former Chief of Taftville Volunteer Fire Department, 31 South A St, he said you don’t need an Ordinance. He talked about the rolling stock and to replace one piece of apparatus every year. Ellen Zaretsky, 90 Dunham St, stated taking away equipment is not safe for anyone. There being no further speakers Mayor Nystrom declared the public hearing closed. Upon a motion of Ald. Wilson, seconded by Ald. Gould, on a roll call vote it was unanimously voted to accept the following letter from the Ethics Committee regarding their Advisory opinion. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 October 27, 2022 Alderman Swarnjit Singh 56 Briar Hill Rd. Norwich, CT 06360 Dear Alderman Singh: The Norwich Ethics Commission discussed your request for an Advisory Opinion at our meeting on October 17, 2022. You asked whether you should have abstained from voting on the resolution to direct the city manager to sign a project authorization letter regarding State Project No. 103-274 (safety improvements on Route 82), Phase One, after other members of the City Council alleged that your vote had the appearance of impropriety given your ownership of a gas station in Norwich because the project may result in the taking of property by eminent domain and potential closure of a gas station on Route 82. After careful review of the material submitted, we conclude that since the resolution did not involve acquisition of property by eminent domain or the closure of any businesses, your participation in the vote did not create a conflict of interest as defined by Section 2-54 of the Code of Ethics. Accordingly, you were not required to recuse yourself from voting as you did. However, out of an abundance of caution, the Commission believes that going forward, City officials should recuse themselves from any vote that involves City or State eminent domain proceedings for acquisition of properties where the City officials have an interest in competing businesses. For example, as owner of a gas station, you should recuse yourself if the vote concerns the potential closure of another gas station. Thank you for your attention to this matter. Please feel free to contact me with any questions. Yours very truly, Scott D. Camassar Scott D. Camassar Chair, Norwich Ethics Commission Upon a motion of Ald. Wilson, seconded by Ald. Burto, on a roll call vote it was unanimously voted to accept the following letters from the Public Safety Committee. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 CITY MANAGERS REPORT To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: November 21, 2022 Meetings attended were Southeastern Council of Governments Executive Committee Meeting (SCCOG), Southeastern Area Transit (SEAT), NPU‐City Coordination Meeting, NCDC Board of Directors meeting, State of CT Task Force to Study Indoor Air Quality in School Buildings, Connecticut Interlocal Risk Management Agency (CIRMA), Public Safety, and CT Investment Fund 2030. I also held the organizational meeting of the Health Equity Committee. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 The City’s paving Contractor Charles Pasteryak Jr. Inc., has completed the paving for this construction season with roads off of Dunham Street, including Clifton Place, Elizabeth St. Extension, Oakwood Knoll, Pembroke Ave., Stanley Place, Westledge Drive, and Westwood Park. Total paving under this contract was 4.2 miles. Total City paving for the season included 0.83 miles on Dunham St., and 0.26 miles by City crews, for a total of 5.3 miles. Construction continues on the Sherman street bridges. The precast arches for the smaller of the two Sherman Street bridges were installed the week of Nov. 7th. Utility work on Asylum Street is expected to begin shortly and Sherman Street will remain closed for the winter. Otrobando Avenue has been closed for the month of November for the replacement of the concrete deck spanning the stream that flows under Otrobando Avenue. The closure is just west of the intersection with Wawecus Street, and is expected to be opened in early December. The CT Dept. of Transportation will be holding a virtual Public Informational meeting on the replacement of the bridge carrying Lawler Lane over I‐395 on December 13th at 7:00 pm. Construction is not expected to start until the fall of 2024. Lawler Lane will be closed at the bridge for the construction. The link for the meeting is on the City website at www.norwichct.org. Thank you to Bob Kilpatrick from Youth, Family, and Recreation Division of Human Services who has partnered with Norwich Public Schools on events and activities. This allows the City to run so many more programs at the schools with lower costs and improved access for Norwich residents. It also allows us to support our community partners in running programs and to execute even more afterschool programs through the ARPA “Schools as Community Centers,” funds. Adult & Family Services Division is actively accepting families in need of holiday gifts through their annual “Adopt A Family Program”. Please spread the word so that they can match families in need of gifts with eager and generous sponsors. For more information contact Cynthia at 860‐823‐3778 ext. 3467. The 31st Light Up City Hall will be held First Friday, December 2rd from 5‐6 pm at City Hall Plaza and on Saturday, December 3rd the Norwich Events Organization will host the City’s first ever Light Parade. This year's theme is "National Lampoon's Winterfest Parade". Please join us downtown for these free fun family events including Brown Park which will be decorated with white lights again this year. Attached is the Fire Chiefs Report from the November 9th meeting. City Manager’s Report to Public Safety November 9, 2022 meeting I met with the Fire Chiefs on November 2nd. The majority of our meeting was spent discussing the pending proposed ordinances related to the fire service, specifically related to Automatic Aid. We also briefly discussed Knox issues, CAD project, houses for training, and Lucas devices. I addressed the proposed ordinances with the Chiefs and the response to them from the political side and the Fire side. I support the automatic aid policy that we worked through together, and hold it separate from the proposed ordinance. The automatic aid agreement was the product of months of meetings between the Chiefs and I, and should not be affected by the ordinance. The volunteer Chiefs were very unhappy with the proposed ordinance and presented me with a letter signed by them or their designated representatives. The letter stated that the volunteers were withdrawing their support to the automatic aid policy based on a number of reasons. I strongly urged them not to let the proposed ordinance undo the agreement that we came do regarding automatic aid, to keep the politics separate. The Chiefs concerns over the ordinance ranged from conflict with the City Charter, to effective use of resources across the City. It was suggested that we invite Alderman DeLucia to meet with the group to discuss the ordinance and concerns of the Chiefs. I have been in contact with Alderman DeLucia and will be setting up a meeting with him and the Chiefs to address this issue. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 Chief Montoya asked the Chiefs about sharing the cost of service for Knox Box systems. Knox offers a cloud based service to update software and users of the Knox systems in use by all of the departments. Chief Jencks said that Taftville is already using the cloud program. Chief Montoya will follow up with the others to see how they proceed. The CAD provisioning project was briefly discussed, with the Chiefs asked if they want to break their districts into Beats for provisioning purposes. A district map was to be sent to each Chief to allow their input to the CAD team. The status of the three houses on Town St, #61, 63, 65 was discussed as it relates to potential training sites for the FDs. The development project for the site is on hold, so there is no information available at this time. Yantic was in communication with the developer in the past, but there have not been any recent communications with them. Chief Montoya asked if the other groups received and have registered the Lucas Devices which were recently purchased with ARPA funds. The training sessions were completed last week and the devices were distributed to the assigned departments. We did not schedule our next meeting, as we are waiting to set up a meeting with Alderman DeLucia to discuss the proposed ordinances. Upon a motion of Ald. Singh, seconded by Ald. Gould, on a roll call vote it was unanimously voted to withdraw the following old business resolution introduced by President Pro Tem DeLucia and Ald. Singh. WHEREAS, on April 9, 2013 the State of Connecticut Department of Transportation (State) and the City of Norwich entered into Master Municipal Agreement for Construction Projects; and pursuant to this Master Municipal Agreement and now the State proposes to issue a Project Authorization (Letter) for Phase 1 safety improvements on Route 82 (West Main Street), State Project No. 0103‐0274; and WHEREAS, safety improvements on Route 82 have been split into two phases due to the complexity of the work; and WHEREAS, Phase 1 of the project will involve the section of Route 82 approximately between Dunham Street and Asylum Street/Mechanic Street; and WHEREAS, the current proposal includes the removal of 3 traffic signals and the installation of a single‐lane roundabout at Osgood Street, Mount Pleasant Street, and Asylum Street/Mechanic Street together with various improvements including a sidewalk, a bus shelter, and a 5‐foot bicycle lane; and WHEREAS, upon completion of the construction project Norwich shall assume full responsibility for all liability, maintenance, repairs and rehabilitation of the sidewalk, bicycle lane, bus stop signage, and bus shelter constructed within the project limits as well as full responsibility for all landscaping within the project limits and all lighting within the limits of the project including energy costs, and will be responsible for snow and ice removal on the sidewalk; and WHEREAS, the Department of Transportation will request that City Manager John Salomone sign a copy of the Letter on behalf of the City of Norwich to indicate Norwich’s concurrence with the Letter including the understanding that Norwich agrees to assume full responsibility for the maintenance of sidewalks, landscaping, lighting, bicycle lanes, bus shelters and Crane Avenue; and WHEREAS, the Master Agreement and the Letter will be incorporated into one another in their entirety and contain the legal and binding obligations of Norwich with respect to the Construction Project; and 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 WHEREAS, a copy of a draft of the proposed Letter is attached hereto as Exhibit A; and WHEREAS, the Council of the City of Norwich finds it to be in the interest of the City of Norwich to authorize John Salomone to sign the concurrence requested on behalf 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 sign a Project Authorization Letter substantially in the form of the draft attached hereto as Exhibit A within thirty (30) days of the date of such Letter and deliver the same to the Project Manager or other designated official of the State of Connecticut Department of Transportation. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 Upon a motion of Ald. Singh, seconded by Ald. Gould, on a roll call vote it was unanimously voted to withdraw the following old business resolution introduced by President Pro Tem DeLucia and Ald. Singh. WHEREAS, the State of Connecticut Department of Transportation is preparing plans to improve traffic operations and safety on Route 82 (West Main Street), the scope of work including installing a raised median island on West Main Street and the replacement of existing traffic signals with roundabouts; and WHEREAS, under Connecticut General Statute § 13a‐44 the State of Connecticut has authority to transfer to the City of Norwich sections of highway and proposes to transfer to Norwich a road known as Crane Avenue, currently a private road, that will be required for acquisition under the project to provide primary access to the Westgate Center, Goldblatt, Bokoff and Co. Accounting, and 6 Crane Avenue; and WHEREAS, the City of Norwich, upon receipt of the transfer of the property identified as Crane Avenue, will be responsible for the ownership, maintenance, and liability associated with the accepting of Crane Avenue upon completion of the project; and WHEREAS, the Department of Transportation will request that City Manager John Salomone sign a copy of the letter on behalf of the City of Norwich to indicate Norwich’s concurrence with the Transfer of Crane Avenue from the State of Connecticut to the City of Norwich including the understanding that Norwich agrees to assume full responsibility for the Crane Avenue; and 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 WHEREAS, a copy of a draft of a proposed letter regarding the transfer of Crane Avenue, to be sent by the State of Connecticut to the City of Norwich, is attached hereto as Exhibit A; and WHEREAS, the Council of the City of Norwich finds it to be in the interest of the City of Norwich to authorize John Salomone to sign the concurrence requested on behalf 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 sign a letter acknowledging and accepting the transfer of Crane Avenue from the State of Connecticut to the City of Norwich substantially in the form of the draft attached hereto as Exhibit A and deliver the same to the Project Manager or other designated official of the State of Connecticut Department of Transportation. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Mayor Nystrom called for citizen comment on resolutions. There were no new resolutions. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 Mayor Nystrom declared citizen comment closed. Upon a motion of President Pro Tem DeLucia, seconded by Ald. Gould, it was unanimously voted on a roll call vote to waive the full reading of the text and set a public hearing on December 5, 2022 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. AN ORDINANCE ADDING ARTICLE VII OF CHAPTER 7 OF THE CODE OF ORDINANCES FOR THE MUNICIPAL TAXATION OF CANNABIS WHEREAS, Section 12-330mm of the Connecticut General Statutes imposes a municipal gross receipts tax on sales of cannabis by cannabis retailers, hybrid retailers, and micro-cultivators and specifies how such taxes shall be invoiced and for what purposes such taxes may be spent; and WHEREAS, the Council of the City of Norwich expects to have one or more cannabis retailers, hybrid retailers, and micro-cultivators operating in the City of Norwich. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that the following sections be added in Article VII of Chapter 7 of the Code of Ordinances: ARTICLE VII. MUNICIPAL TAXATION OF CANNABIS Sec. 7-151. Designation of contact with commissioner of revenue services. The city designates the tax collector as the individual to whom the Connecticut commissioner of revenue services shall send notifications for municipal gross receipts tax on cannabis. Sec. 7-152 Gross receipts tax. Pursuant to C.G.S. §12-330mm, the tax collector shall invoice and collect a gross receipts tax on taxable sales of cannabis by cannabis retailers, hybrid retailers, and micro-cultivators using information provided by the Connecticut commissioner of revenue services along with any associated interest, penalties or other fees. The tax collector may impose liens for nonpayment of such taxes, interest, and penalties on the real property of cannabis retailers, hybrid retailers, and micro-cultivators. Sec. 7-153 Separate set of accounts. Cannabis gross receipts tax revenues and expenditures of those revenues shall be accounted for in a special revenue fund and not included in general fund revenues. Sec. 7-154 Expenditure of cannabis gross receipts tax revenues. The city manager shall submit a resolution proposing the use of unexpended and unencumbered cannabis gross receipts taxes to be spent in the following fiscal year for the City Council’s consideration at its first meeting in April. Any expenditures of cannabis gross receipt taxes shall be in accordance with the purposes allowed in C.G.S. §12-330mm(5): a. make improvements to the streetscapes and other neighborhood developments in and around each community in which a cannabis retailer, hybrid retailer or micro-cultivator is located, b. fund education programs or youth employment and training programs in such municipality, c. fund services for individuals released from the custody of the Commissioner of Correction, probation or parole and residing in such municipality, 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 d. fund mental health or addiction services, e. fund youth service bureaus established pursuant to section 10-19m and to municipal juvenile review boards, f. fund efforts to promote civic engagement in communities in such municipality, or g. any other purpose later approved by amendment to C.G.S. §12-330mm(5). Purpose: To establish a framework for collecting and appropriating cannabis gross receipts tax revenues. Upon a motion of Ald. Wilson, seconded by Ald. Burto, it was unanimously voted on a roll call vote to waive the full reading of the text, send a and set a public hearing on December 19, 2022 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. AN ORDINANCE ADDING ARTICLE VIII OF CHAPTER 7 OF THE CODE OF ORDINANCES FOR MUNICIPAL OPIOID SETTLEMENT FUNDS WHEREAS, the State of Connecticut was part of a multi-state $26 billion settlement with pharmaceutical distributors Cardinal, McKesson, and AmerisourceBergen and manufacturer Johnson & Johnson for their role in the opioid crisis; and WHEREAS, the City of Norwich will receive approximately $18,000 per year for 18 years from this settlement; and WHEREAS, according to guidance from Chief Counsel to the Attorney General and Director of Legislative Affairs, these settlement funds “are to be used exclusively for opioid abatement purposes, including, but not limited to, expanding access to opioid use disorder prevention, intervention, treatment, and recovery options”; and WHEREAS, the City of Norwich may receive funds from other settlements and legal actions related to the opioid crisis with similar restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that the following sections be added in Article VIII of Chapter 7 of the Code of Ordinances: ARTICLE VIII. OPIOID SETTLEMENT FUNDS Sec. 7-156 Separate set of accounts. Revenues from the opioid settlement with pharmaceutical distributors, manufacturers, and retailers and any revenues from other legal actions and settlements related to the manufacture, distribution, and sale of opioids (collectively referred to as “opioid settlement funds”) and expenditures of opioid settlement funds shall be accounted for in a special revenue fund and not included in general fund revenues. Sec. 7-157 Expenditure of opioid settlement funds. The city manager shall submit a resolution proposing the use of unexpended and unencumbered opioid settlement funds to be spent in the following fiscal year for the City Council’s consideration at its first meeting in April. Any expenditures of opioid settlement funds shall be used exclusively for opioid abatement purposes, including, but not limited to, expanding access to opioid use disorder prevention, intervention, treatment, and recovery options. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 Purpose: To establish a framework for collecting and appropriating opioid settlement revenues. Upon a motion of Ald. Gould, seconded by Ald. Burto, it was unanimously voted on a roll call vote to waive the full reading of the text, send a referral to the Commission on the City Plan and set a public hearing on January 17, 2023 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. WHEREAS, The Council of the City of Norwich seeks to encourage development that will contribute to the economic stability of the city, encourage tourism, and improve the quality of life for the residents of Norwich through the adaptive reuse, rehabilitation, and preservation of the historic or architecturally meritorious resources, including certain historic industrial mills, that reflect Norwich’s rich history; and WHEREAS, the Ponemah Mills are contributing structures to the Taftville National Register Historic District and have been designated as an historic mill site in the “Feasibility and Planning Study: The Historic Mills of Norwich, Connecticut” published by the city of Norwich in 1992; and WHEREAS, the Council of the City of Norwich previously encouraged and supported the adaptive reuse and rehabilitation of the Ponemah Mill Building #1 by an abatement of certain real estate taxes, which abatement assisted and continues to assist in the rehabilitation and restoration of Ponemah Mill Building #1 as a mixed‐use redevelopment; and WHEREAS, 555 South Mill LLC and 575 South Mill, LLC are the owners of two (2) separate and definable structures located adjacent to the historic Ponemah Mill Building #1 and known as the South Mill or Ponemah Mill Building #2 (hereinafter “South Mill” and/or “Ponemah Mill Building #2”) which structures are to be restored and renovated during Phases 4 and 5 of the Ponemah Mill Project; and WHEREAS, the structure located at 555 Norwich Avenue with map/block/lot number 47/4/6 is to be renovated and rehabilitated as part of Phase 4 of the Ponemah Mill Project, and that located at 575 Norwich Avenue, with map/block/lot number 47/4/5, to be renovated and rehabilitated as part of Phase 5 of the Ponemah Mill Project; and WHEREAS, the Council of the City of Norwich finds that the Ponemah Mill Building #2 is historically and architecturally meritorious and that the Council has authority pursuant to Section 12‐127a of the Connecticut General Statutes and Sec. 7‐121.5 of the Norwich Code of Ordinances to abate real estate taxes in connection with the rehabilitation for reuse of such historic mill structures; and WHEREAS, the Norwich Commission on the City Plan has determined that both the redevelopment of the South Mill (Ponemah Mill Building #2) and the associated abatement of real estate taxes is consistent with the City’s mill enhancement program; and WHEREAS, the Council of the City of Norwich also has authority pursuant to Section 4‐7 of the Norwich Code of Ordinances to reduce the building permit fees in cases involving industrial buildings or structures such as the South Mill when it determines that such building or structure will be a benefit to the city; and WHEREAS, 555 South Mill, LLC and 575 South Mill, LLC have paid and is anticipated to continue to pay the real estate taxes which have been assessed against the South Mill to date and as such may be revalued and assessed following any required future revaluation and seeks an abatement of a portion of the taxes to become due with 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 respect to improvements made to the South Mill during renovations as set forth herein to assist it in obtaining financing for the project NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the real estate taxes on the real property improvements associated with the redevelopment and adaptive reuse of the South Mill performed to maintain its historical and architectural value shall be abated for a period of 15 years upon the conclusion of the renovation (the “Construction Period”). The Construction Period for either of the structures comprising the South Mill (whether scheduled to be done in Phase 4 or Phase 5) shall commence on the date of the issuance of the first building permit for new construction in the applicable Phase after the date of approval of this ordinance, Phase 4 for 555 Norwich Avenue, and Phase 5 for 575 Norwich Avenue, but not later than three (3) years from the issuance of the first building permit for new construction in each Phase and continue until the issuance of a Certificate of Occupancy for that Phase or three (3) years whichever occurs first; and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the Construction Period for Phases 4 and 5 for the structures at 555 Norwich Avenue or 575 Norwich Avenue respectively shall be calculated and run independently of each other for purposes of this ordinance; and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that real estate taxes on real property improvements associated with the historic redevelopment and adaptive reuse of the South Mill (Ponemah Mill Building #2) made up of 555 Norwich Avenue and 575 Norwich Avenue shall be abated for a period of fifteen (15) years in accordance with the following schedule, the abatement scheduled to start at the conclusion of the Construction Period applicable to each Phase. Year Percentage of Abatement on Real Percentage of Taxation on the Real Property Improvements made during Property and Improvements to the Phase 4 to 555 Norwich Avenue and same existing as of the date of the Phase 5 to 575 Norwich Avenue to adoption of this ordinance and as such commence upon the conclusion of the assessments may be revalued during Construction Period applicable to each any subsequent revaluation or as Phase otherwise legally required 1 75% 100% 2 75% 100% 3 75% 100% 4 75% 100% 5 75% 100% 6 50% 100% 7 50% 100% 8 50% 100% 9 50% 100% 10 50% 100% 11 25% 100% 12 25% 100% 13 25% 100% 14 25% 100% 15 25% 100% 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that pursuant to Connecticut General Statute § 12‐127a and Sec. 7‐121.5 of the Norwich Code of Ordinances, should any portion of Ponemah Mill Building #2, the South Mill, be demolished or remodeled in a way which destroys its architectural or historic value after taxes on it have been abated, the owner at that time shall pay the city an amount equal to the total amount of taxes equal which had been abated under this ordinance; and AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that building permit fees associated with the historic redevelopment and adaptive reuse for residential purposes of that portion of the South Mill located at 555 Norwich Avenue in Taftville shall be $100,000, but excluding and excepting from this reduction and limitation any cost related to state fees, building permit or other fees required for electric vehicle (EV) charging stations, fees for the issuance of any certificates of occupancy, costs for any necessary third party plan review of construction documents and special inspections and any redevelopment of that portion of the South Mill located at 575 Norwich Avenue. Upon a motion of Ald. Gould, seconded by Ald. Singh, it was unanimously voted on a roll call vote to waive the full reading of the text, and set a public hearing on December 19, 2022 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. AN ORDINANCE TO BE ADOPTED BY THE COUNCIL OF THE CITY OF NORWICH ACTING AS THE ZONING AUTHORITY (ZONING COMMISSION) AND LEGISLATIVE BODY OF THE CITY OF NORWICH VOTING TO OPT OUT OF PROVISIONS OF CONNECTICUT PUBLIC ACT NO. 21‐29 REGARDING ALLOWANCES OF ACCESSORY APARTMENTS AS PERMITTED THEREIN AND TO STATE ITS REASONS FOR DOING SO WHEREAS, the Council of the City of Norwich pursuant to its Charter at Chapter XV section 6 acts as the Zoning Authority (Zoning Commission)of the City of Norwich; and WHEREAS, the State of Connecticut adopted Public Act No. 21-29, effective as of January 1, 2022, as to establishing legislation to allow for Accessory Dwelling Units; and WHEREAS, Public Act No. 21-29 allows a municipality to opt out of the legislation before January 1, 2023 following action by a zoning commission or combined planning and zoning commission after a public hearing, then by the municipality’s legislative body, both by a two-thirds vote, said actions are required to take place prior to January 1, 2023; and WHEREAS, the Council of the City of Norwich, acting as its Zoning Authority (Zoning Commission) may make the following findings in favor of opting out of the applicable provisions of Public Act 21-29 regarding allowance of accessory apartments: 1) Public Act 21-29 effective January 1, 2022 includes standards to allow construction of accessory apartments that supersede municipal zoning regulations governing accessory units, unless a municipality opts out of the legislation before January 1, 2023; 2) The City of Norwich Zoning Regulations at section 6.7 provide a pathway to establish an accessory dwelling unit; 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 3) On May 16, 2022, the City of Norwich adopted its Affordable Housing Plan and submitted the same to the State of Connecticut Office of Policy and Management demonstrating the significant number of affordable housing units and existing housing stock in the city, the number of affordable housing units exceeding ten (10) percent after existing housing stock; 4) The City of Norwich is in the process of preparing a statutory required ten-year plan of conservation and development which is to be adopted in August of 2023 to include updated recommendations relative to housing and land use; 5) This ordinance has been duly introduced at a regular meeting of the Council of the City of Norwich at which time a first reading was had and a public hearing scheduled with the title to the same and a concise description of its purpose and a statement that the proposed ordinance is on file in the clerk’s office and available for public inspection, notice of the same given within seven days after its introduction by a paid advertisement once in the daily newspaper of general circulation in the city, together with a notice of the time and place in which the public hearing or hearings thereon shall be held, pursuant to section 10 of Chapter V of the Norwich Code of Ordinances. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH acting as its Zoning Authority (Zoning Commission) and as its legislative body 1) pursuant to Connecticut Public Act 21-29 the Council of the City of Norwich acting as its Zoning Authority (Zoning Commission) and its legislative body makes the following findings: a) Public Act 21-29 effective January 1, 2022 includes standards to allow construction of accessory apartments that supersede municipal zoning regulations governing accessory units, unless a municipality opts out of the legislation before January 1, 2023; b) The City of Norwich Zoning Regulations at section 6.7 provide a pathway to establish an accessory dwelling unit; c) On May 16, 2022, the City of Norwich adopted its Affordable Housing Plan and submitted the same to the State of Connecticut Office of Policy and Management demonstrating the significant number of affordable housing units and existing housing stock in the city, the number of affordable housing units exceeding ten (10) percent after existing housing stock; d) The City of Norwich is in the process of preparing a statutory required ten-year plan of conservation and development which is to be adopted in August of 2023 to include updated recommendations relative to housing and land use; e) This ordinance has been duly introduced at a regular meeting of the Council of the City of Norwich at which time a first reading was had and a public hearing scheduled with the title to the same and a concise description of its purpose and a statement that the proposed ordinance is on file in the clerk’s office and available for public inspection, notice of the same given within seven days after its introduction by a paid advertisement once in the daily newspaper of general circulation in the city, together with a notice of the time and place in which the public hearing or hearings thereon shall be held, pursuant to section 10 of Chapter V of the Norwich Code of Ordinances. 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2022 2) The Council of the City of Norwich acting as the Zoning Authority (Zoning Commission) has adopted this ordinance opting out of the Accessory Dwelling Unit provision of P.A. 21-29 by a vote of more than two-thirds of its members; 3) The Council of the City of Norwich acting as its legislative body hereby adopts this ordinance and affirmatively opts out of the Accessory Dwelling Unit provisions of Public Act 21-29 for the reasons stated herein. Upon a motion by Ald. Gould, seconded by Ald. Singh, on a roll call vote it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200(6) for the purpose of discussing acquisition or disposition of real estate or interests in real estate when publicity regarding the site and proposal, including proposed construction, would adversely impact the price of the same as to the interest of the city, to review preliminary drafts concerning proposed development and use of the property feasibility estimates, and evaluations, the Council having determined that the public interest in withholding such clearly outweighs the public interest in disclosure; as well as to review commercial or financial information provided in confidence not required by statute. City Manager John Salomone, President of Norwich Community Development Agency Kevin Brown and Corporation Counsel Michael E. Driscoll, 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 9:01 pm to 9:26 pm, at which time Mayor Nystrom, stated no votes were taken. Upon a motion of Ald. Wilson, seconded by Ald. Burto, on a roll call vote it was unanimously voted to return to regular session. Upon motion of Ald. Gould, seconded by Ald. Singh, on a roll call vote it was unanimously voted to adjourn at 9:27 pm. City Clerk 17

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH Kelly STEAM Magnet Middle School 25 Mahan Drive, Norwich November 21, 2022 7:30 PM The meeting will be televised on the Public Access Channel 14 and posted on the city website, www.norwichct.org, in real time. PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PUBLIC HEARINGS 1. AN ORDINANCE AMENDING SECTION 8-17 OF THE NORWICH CODE OF ORDINANCES 2. AN ORDINANCE REPEALING SECTION 8-18 OF THE NORWICH CODE OF ORDINANCES AND REPLACING IT WITH AN AMENDED SECTION 8-18. SECOND READING AND POSSIBLE ACTION ON THE ABOVE ORDINANCES TO BE HELD DECEMBER 5, 2022 PETITIONS AND COMMUNICATIONS 1. Letter from the Ethics Commission regarding an advisory opinion. 2. Letter from Public Safety Commission. CITY MANAGER’S REPORT OLD BUSINESS-RESOLUTIONS (from September 6, 2022) 1. Relative to authorize and approve to sign a letter for Phase I safety improvements on Route 82 (West Main Street). 2. Relative to transfer Crane Avenue from the State of Connecticut to the City of Norwich. CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-ORDINANCES 1. AN ORDINANCE ADDING ARTICLE VII OF CHAPTER 7 OF THE CODE OF ORDINANCES FOR THE MUNICIPAL TAXATION OF CANNABIS 2. AN ORDINANCE ADDING ARTICLE VIII OF CHAPTER 7 OF THE CODE OF ORDINANCES FOR MUNICIPAL OPIOID SETTLEMENT FUNDS 3. AN ORDINANCE PROVIDING FOR THE ABATEMENT OF REAL ESTATE TAXES ON REAL PROPERTY IMPROVEMENTS FOR THE HISTORIC REDEVELOPMENT AND/OR REUSE OF THE PONEMAH SOUTH MILL, PONEMAH MILL BUILDING #2, CONSISTING OF TWO SEPARATE STRUCTURES IDENTIFIED AS 555 NORWICH AVENUE AND 575 NORWICH AVENUE 4. AN ORDINANCE TO BE ADOPTED BY THE COUNCIL OF THE CITY OF NORWICH ACTING AS THE ZONING AUTHORITY (ZONING COMMISSION) AND LEGISLATIVE BODY OF THE CITY OF NORWICH VOTING TO OPT OUT OF PROVISIONS OF CONNECTICUT PUBLIC ACT NO. 21-29 REGARDING ALLOWANCES OF ACCESSORY APARTMENTS AS PERMITTED THEREIN AND TO STATE ITS REASON FOR DOING SO EXECUTIVE SESSION: Property Acquisition/Disposition Assistant City Clerk PUBLIC HEARING #1 AN ORDINANCE AMENDING SECTION 8-17 OF THE NORWICH CODE OF ORDINANCES WHEREAS, the providing of fire protection is a public function that falls within the state’s police power and Connecticut has delegated this function to local municipalities through Gen. Stat. Section 7- 148(c)(4)(B) which statute provides that any municipality shall have the power to: “[p]rovide for fire protection, organize, maintain and regulate the persons providing fire protection, provide the necessary apparatus for extinguishing fires and do all other things necessary or desirable for the protection of the municipality from fire”. . . ;and WHEREAS, the City of Norwich is responsible for the protection of life and property from fire and for the enforcement of all laws, ordinances and regulations relating to fire protection and fire safety within the City of Norwich; and WHEREAS the Charter of the City of Norwich, in Chapter 10, Section 4, provides that there shall be a fire department consisting of the fire chief and such other officers and employees of such ranks and grades as maybe prescribed by ordinance, which fire department shall be responsible for the protection of life and property within the city from fire and for the enforcement of all laws, ordinances and regulations relating to fire prevention and fire safety; and WHEREAS, the City of Norwich also relies upon five (5) volunteer fire companies located within different sections of the City of Norwich for the provision of fire protection and, the Charter, at Chapter X section 6, provides: “Nothing in this charter shall be construed to affect the organization, status or property of any volunteer fire company now established or which may hereafter be established in the city. Whenever paid and volunteer companies are acting together, they shall be under the command of the fire chief.”; and WHEREAS, the fire department and the five (5) volunteer companies are collectively described herein as the “Fire Service”, and all utilize and rely upon apparatus and equipment provided by the City of Norwich in connection with their fire protection, fire control, and fire prevention responsibilities; and WHEREAS, the City of Norwich commissioned an analysis of the Fire/EMS services in Norwich by McGrath Consulting Group, Inc., which prepared a detailed report of its analysis and made a number of recommendations relative to supporting, improving, and updating the provision of fire protection, fire control, fire prevention, and other fire related services in the City of Norwich, including the delivery of the most efficient and cost effective services to all of Norwich, the council agreeing with its recommendation that such services be provided with a focus on “WHAT IS BEST FOR THE INDIVIDUAL NEEDING THE SERVICE”; and WHEREAS, the city of Norwich is in the process of updating its communication and dispatch services to, among other things, improve communications among the components of the fire service; and WHEREAS, this Ordinance is intended to amend and supplement Ordinance 8-17 of the Norwich Code of Ordinances with a goal of providing the best, most efficient and cost-effective service for all of Norwich, acknowledging that the primary focus of the Fire Service of the City of Norwich should be and remain the “WHAT IS BEST FOR THE INDIVIDUAL NEEDING THE SERVICE.” NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the following amendment to section 8-17 of the Norwich Code of Ordinances be and hereby are adopted. Sec. 8-17 – Responding to Alarms and calls for service (a) The city manager may permit the fire department established in Chapter X, section 4 of the Charter of the City of Norwich (the Norwich Fire Department) to respond to alarms and other incidents as determined by the city manager outside the limits of the city consolidation district, and the volunteer fire companies to respond in cases of serious emergency or otherwise to assist the fire department in responding to alarms in the city consolidation district. (b) The city manager may permit the use of fire apparatus belonging to the city in places outside of the city. He may confer upon the fire chief and the chiefs of the respective volunteer fire companies’ authority to permit such use, subject, however, to such regulations and instructions as the chief executive officer may impose. (c) The city of Norwich shall institute and have an automatic aid policy pursuant to which: (1) The Norwich Fire Department (sometimes referred to as the career fire department or the paid fire department) shall be on automatic aid assignment to all reported structure fires and other such calls as directed by current policy established by the city manager; (2) The Norwich Fire Department shall be on automatic aid assignment to all re-tones of a volunteer fire company established within the city of Norwich for a fire or other emergency occurring within the boundaries of the city of Norwich; (3) The Norwich Fire Department shall be on automatic aid assignment for all fire calls and all calls pertaining to situations or conditions posing a risk of causing serious damage to or the disabling of city assets, including, but not limited to, all structures and properties which are owned by the city, leased by the city, or operated by the city or any of its departments; (4) The Norwich Fire Department shall receive automatic aid from the volunteer companies as prescribed in an automatic aid policy as established by the city manager; (5) For purposes of such automatic aid policy, a “response” is defined as a fire apparatus enroute and staffed by at least two (2) certified interior fire fighters; (6) For purposes of such automatic aid policy, a “re-tone” is defined as an emergency call when there is no response within five (5) minutes, or sooner as current policy dictates, from the time of the original dispatch. President Pro Tem Joseph A. DeLucia Alderwoman Tracey Burto PUBLIC HEARING #2 AN ORDINANCE REPEALING SECTION 8-18 OF THE NORWICH CODE OF ORDINANCES AND REPLACING IT WITH AN AMENDED SECTION 8-18. WHEREAS, the providing of fire protection is a public function that falls within the state’s police power and Connecticut has delegated this function to local municipalities through Gen. Stat. Section 7- 148(c)(4)(B) which statute provides that any municipality shall have the power to: “[p]rovide for fire protection, organize, maintain and regulate the persons providing fire protection, provide the necessary apparatus for extinguishing fires and do all other things necessary or desirable for the protection of the municipality from fire”. . . ;and WHEREAS, the City of Norwich is responsible for the protection of life and property from fire and for the enforcement of all laws, ordinances and regulations relating to fire protection and fire safety within the City of Norwich; and WHEREAS the Charter of the City of Norwich, in Chapter 10, Section 4, provides that there shall be a fire department consisting of the fire chief and such other officers and employees of such ranks and grades as maybe prescribed by ordinance, which fire department shall be responsible for the protection of life and property within the city from fire and for the enforcement of all laws, ordinances and regulations relating to fire prevention and fire safety; and WHEREAS, the City of Norwich also relies upon five (5) volunteer fire companies located within different sections of the City of Norwich for the provision of fire protection and, the Charter, at Chapter X section 6, provides: “Nothing in this charter shall be construed to affect the organization, status or property of any volunteer fire company now established or which may hereafter be established in the city. Whenever paid and volunteer companies are acting together, they shall be under the command of the fire chief.”; and WHEREAS, the fire department and the five (5) volunteer companies are collectively described herein as the “Fire Service”, and all utilize and rely upon apparatus and equipment provided by the City of Norwich in connection with their fire protection, fire control, and fire prevention responsibilities; and WHEREAS, the City of Norwich commissioned an analysis of the Fire/EMS services in Norwich by McGrath Consulting Group, Inc., which prepared a detailed report of its analysis and made a number of recommendations relative to supporting, improving, and updating the provision of fire protection, fire control, fire prevention, and other fire related services in the City of Norwich, including the delivery of the most efficient and cost effective services to all of Norwich, the council agreeing with its recommendation that such services be provided with a focus on “WHAT IS BEST FOR THE INDIVIDUAL NEEDING THE SERVICE”; and WHEREAS, the city of Norwich is in the process of updating its communication and dispatch services to, among other things, improve communications among the components of the fire service; and WHEREAS, the McGrath Report recommends standardization of fire apparatus and equipment; and WHEREAS, this Ordinance is intended to amend and supplement Ordinance 8-17 of the Norwich Code of Ordinances with a goal of providing the best, most efficient and cost-effective service for all of Norwich, acknowledging that the primary focus of the Fire Service of the City of Norwich should be and remain the “WHAT IS BEST FOR THE INDIVIDUAL NEEDING THE SERVICE.” NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that section 8-18 be repealed in its entirety and the following substituted therefor. Sec. 8-18 Centralized purchasing protocol and common apparatus and equipment specification, procurement and replacement procedure (a) This section is intended to supplement the purchasing requirements of the city of Norwich established in Article II of Chapter VII of the Code of Ordinances but is not intended to repeal, limit or overturn any of the requirements therein established with respect to city purchases. (b) Definitions. (1) “FIRE DEPARTMENT” shall mean the fire department established pursuant to section 4 of Chapter X of the Charter of the city of Norwich. (2) “VOLUNTEER FIRE COMPANY” shall mean any volunteer fire company now established or which may hereafter be established within the city of Norwich. (3) “FIRE SERVICE” shall mean the fire department and the five (5) volunteer fire companies described collectively, to include any volunteer company which may hereafter be established within the city of Norwich. (4) “APPARATUS” shall mean the three (3) main types of apparatus used in the Norwich fire service based on function. The three (3) main types of apparatus presently used are engines, aerial devices, and rescue. (5) “ENGINE” shall mean pumper truck, the primary function of which is fire attack with an onboard pump, water tank, tools and hose, but which may include subcategories such as an engine-tanker having a tank capacity of 1,000 gallons or more as well as tankers which are large capacity water delivery vehicles without hose or tools for firefighting. (6) “AERIAL DEVICE” shall mean a ladder truck which may have a mounted ladder which may or may not have a platform or bucket to operate from on the end of the mounted ladder. A ladder truck may also carry portable ladders. The terms “truck”, “tower”, and “ladder” are presently used to describe certain aerial devices used in the city of Norwich. (7) “RESCUE” shall mean a vehicle that carries specialized rescue equipment. (8) “SPECIALIZED VEHICLES OR EQUIPMENT” shall mean other vehicles or marine units used by the fire service including a hose tender, off-road utility vehicle, dive boat, off-road vehicles, Marine- 1 and small marine units. (c) The city of Norwich will establish a centralized purchasing protocol to create common apparatus specifications and procurement procedures relative to the acquisition of apparatus, specialized vehicles or equipment, utilized by the fire service, including personal protection equipment. The city manager, with the assistance of the fire chief, a chief of one of the volunteer fire companies selected by the chiefs of the volunteer fire companies for this purpose, or by the city manager if the selection is not made within sixty (60) days of the adoption of this ordinance, the fleet maintenance supervisor and the purchasing agent to (1) establish common base-standards and specifications for all apparatus including engines, aerial devices, rescue and specialized vehicles or equipment including personal protection equipment and all forms of equipment utilized by the fire service. This committee shall recommend to the city manager a centralized purchasing protocol within one hundred eighty (180) days of its formation, and a common apparatus specification and procurement procedures within a timeline directed by the city manager. The city manager shall then prepare a final proposed protocol and recommended common based standards and present the same to the public safety committee of the city council for review. (d) Whenever the chief of the fire department determines that the piece of apparatus needs to be replaced or a piece of apparatus needs to be acquired, he shall convey this information to the city manager. The city manager shall then convene a specification team to consist of the fire chief of the fire department or his designee, the chief of the volunteer fire company who has made the request or his designee, or the chief of the volunteer fire company appointed to the specifications committee when the request is initiated by the fire chief of the fire department, the fleet maintenance superintendent, and the purchasing agent. The specification team shall review the request and develop a set of specifications applicable to the apparatus if a common specification has not been previously established. The city manager shall recommend the specification so adopted to the city council in connection with a resolution authorizing the issuance of a request for proposals. The same information shall also be transmitted to the city council at the time it is considering a resolution approving of a bond and/or setting a referendum upon the proposed bid award. Any fire company may request a deviation from a common apparatus specification or for an upgrade from a common grade standard specification, but any cost above the cost of the specifications approved by the committee and the city manager, to the extent the deviation or the upgrade increases the cost of the city of Norwich to acquire the same, may not be paid for by city funds but may be paid for by funds of the requesting fire company. Understanding that there may be a need for a deviation from the common apparatus specifications under certain conditions the specification committee may approve such a deviation with the total cost to be paid by city funds. (e) When common based standards and/or specifications have been established, the bulk purchase of items and equipment to be utilized by the fire service, including personal protective equipment, shall be required whenever available and recommended by the city purchasing agent. (f) The Fire Study prepared by McGrath Consulting Group Inc. has recommended that various pieces of apparatus be removed from service or retired. The city manager shall appoint an apparatus reduction ad hoc committee to consist of the fire chief, the chiefs of the volunteer companies, and the fleet maintenance superintendent to select six (6) pieces of apparatus to be removed from service or retired without replacement. The committee is to make its recommendation to the council identifying the six (6) pieces of apparatus to be removed from service or retired and the basis for the recommendation on or before April 1, 2023 and the interim to issue monthly progress reports to the public safety committee of the city council. After April 1, 2023 any new apparatus to be acquired and paid for by the city of Norwich must replace a piece of apparatus then in use that is recommended to be decommissioned. (g) Recognizing that the apparatus and equipment provided to and utilized by the fire service is provided by the city of Norwich all members of the fire service shall be expected to avoid discriminatory practices in connection with their involvement with the fire service discriminating practices as are established by the city of Norwich or the State of Connecticut. President Pro Tem Joseph A. DeLucia Alderwoman Tracey Burto PETITION & COMMUNICATION #1 ESTABLISHED 1659 CITY OF NORWICH CONNECTICUT John Salomone 100 Broadway City Manager Norwich, CT 06360 (860) 823-3747 Fax (860) 885-2131 October 27, 2022 Alderman Swarnjit Singh 56 Briar Hill Rd. Norwich, CT 06360 Dear Alderman Singh: The Norwich Ethics Commission discussed your request for an Advisory Opinion at our meeting on October 17, 2022. You asked whether you should have abstained from voting on the resolution to direct the city manager to sign a project authorization letter regarding State Project No. 103-274 (safety improvements on Route 82), Phase One, after other members of the City Council alleged that your vote had the appearance of impropriety given your ownership of a gas station in Norwich because the project may result in the taking of property by eminent domain and potential closure of a gas station on Route 82. After careful review of the material submitted, we conclude that since the resolution did not involve acquisition of property by eminent domain or the closure of any businesses, your participation in the vote did not create a conflict of interest as defined by Section 2-54 of the Code of Ethics. Accordingly, you were not required to recuse yourself from voting as you did. However, out of an abundance of caution, the Commission believes that going forward, City officials should recuse themselves from any vote that involves City or State eminent domain proceedings for acquisition of properties where the City officials have an interest in competing businesses. For example, as owner of a gas station, you should recuse yourself if the vote concerns the potential closure of another gas station. Thank you for your attention to this matter. Please feel free to contact me with any questions. Yours very truly, Scott D. Camassar Scott D. Camassar PETITION & COMMUNICATION #2 CITY OF NORWICH Public Safety Committee 100 Broadway Norwich, CT 06360 (860) 823-3700 Public Safety Committee Joseph A. DeLucia - Chairman Record of the Vote November 18, 2022 Members Present – Alderman Joe DeLucia, Alderwoman Tracy Burto, Alderwoman Stacy Gould ● Motion by Alderwoman Burto, seconded by President Pro tem DeLucia that the Public Safety Committee make a favorable recommendation to the City Council to adopt Ordinance 8-17 regarding the Automatic-Aid policy for the city’s Fire Service. The motion passed by a vote of 2-1 in the affirmative. Voting in favor – President Pro tem DeLucia and Alderwoman Burto Voting in opposition – Alderwoman Stacy Gould Respectfully submitted, J. DeLucia Jr. - Chairman CITY OF NORWICH Public Safety Committee 100 Broadway Norwich, CT 06360 (860) 823-3700 Public Safety Committee Joseph A. DeLucia - Chairman Record of the Vote November 18, 2022 Members Present – Alderman Joe DeLucia, Alderwoman Tracy Burto, Alderwoman Stacy Gould ● Motion by Alderwoman Burto, seconded by President Pro tem DeLucia that the Public Safety Committee make a favorable recommendation to the City Council to adopt Ordinance 8-18 regarding the implementation of recommendations from the Study of the city’s Fire Service report. The motion passed by a vote of 2-1 in the affirmative. Voting in favor – President Pro tem DeLucia and Alderwoman Burto Voting in opposition – Alderwoman Stacy Gould Respectfully submitted, J. DeLucia Jr. - Chairman OLD BUSINESS RESOLUTION #1 WHEREAS, on April 9, 2013 the State of Connecticut Department of Transportation (State) and the City of Norwich entered into Master Municipal Agreement for Construction Projects; and pursuant to this Master Municipal Agreement and now the State proposes to issue a Project Authorization (Letter) for Phase 1 safety improvements on Route 82 (West Main Street), State Project No. 0103-0274; and WHEREAS, safety improvements on Route 82 have been split into two phases due to the complexity of the work; and WHEREAS, Phase 1 of the project will involve the section of Route 82 approximately between Dunham Street and Asylum Street/Mechanic Street; and WHEREAS, the current proposal includes the removal of 3 traffic signals and the installation of a single- lane roundabout at Osgood Street, Mount Pleasant Street, and Asylum Street/Mechanic Street together with various improvements including a sidewalk, a bus shelter, and a 5-foot bicycle lane; and WHEREAS, upon completion of the construction project Norwich shall assume full responsibility for all liability, maintenance, repairs and rehabilitation of the sidewalk, bicycle lane, bus stop signage, and bus shelter constructed within the project limits as well as full responsibility for all landscaping within the project limits and all lighting within the limits of the project including energy costs, and will be responsible for snow and ice removal on the sidewalk; and WHEREAS, the Department of Transportation will request that City Manager John Salomone sign a copy of the Letter on behalf of the City of Norwich to indicate Norwich’s concurrence with the Letter including the understanding that Norwich agrees to assume full responsibility for the maintenance of sidewalks, landscaping, lighting, bicycle lanes, bus shelters and Crane Avenue; and WHEREAS, the Master Agreement and the Letter will be incorporated into one another in their entirety and contain the legal and binding obligations of Norwich with respect to the Construction Project; and WHEREAS, a copy of a draft of the proposed Letter is attached hereto as Exhibit A; and WHEREAS, the Council of the City of Norwich finds it to be in the interest of the City of Norwich to authorize John Salomone to sign the concurrence requested on behalf 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 sign a Project Authorization Letter substantially in the form of the draft attached hereto as Exhibit A within thirty (30) days of the date of such Letter and deliver the same to the Project Manager or other designated official of the State of Connecticut Department of Transportation. President Pro Tem Joseph A. DeLucia Alderman Swarnjit Singh OLD BUSINESS RESOLUTION #1 EXHIBIT A OLD BUSINESS RESOLUTION #2 WHEREAS, the State of Connecticut Department of Transportation is preparing plans to improve traffic operations and safety on Route 82 (West Main Street), the scope of work including installing a raised median island on West Main Street and the replacement of existing traffic signals with roundabouts; and WHEREAS, under Connecticut General Statute § 13a-44 the State of Connecticut has authority to transfer to the City of Norwich sections of highway and proposes to transfer to Norwich a road known as Crane Avenue, currently a private road, that will be required for acquisition under the project to provide primary access to the Westgate Center, Goldblatt, Bokoff and Co. Accounting, and 6 Crane Avenue; and WHEREAS, the City of Norwich, upon receipt of the transfer of the property identified as Crane Avenue, will be responsible for the ownership, maintenance, and liability associated with the accepting of Crane Avenue upon completion of the project; and WHEREAS, the Department of Transportation will request that City Manager John Salomone sign a copy of the letter on behalf of the City of Norwich to indicate Norwich’s concurrence with the Transfer of Crane Avenue from the State of Connecticut to the City of Norwich including the understanding that Norwich agrees to assume full responsibility for the Crane Avenue; and WHEREAS, a copy of a draft of a proposed letter regarding the transfer of Crane Avenue, to be sent by the State of Connecticut to the City of Norwich, is attached hereto as Exhibit A; and WHEREAS, the Council of the City of Norwich finds it to be in the interest of the City of Norwich to authorize John Salomone to sign the concurrence requested on behalf 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 sign a letter acknowledging and accepting the transfer of Crane Avenue from the State of Connecticut to the City of Norwich substantially in the form of the draft attached hereto as Exhibit A and deliver the same to the Project Manager or other designated official of the State of Connecticut Department of Transportation. President Pro Tem Joseph A. DeLucia Alderman Swarnjit Singh OLD BUSINESS RESOLUTION #2 EXHIBIT A NEW BUSINESS ORDINANCE #1 AN ORDINANCE ADDING ARTICLE VII OF CHAPTER 7 OF THE CODE OF ORDINANCES FOR THE MUNICIPAL TAXATION OF CANNABIS WHEREAS, Section 12-330mm of the Connecticut General Statutes imposes a municipal gross receipts tax on sales of cannabis by cannabis retailers, hybrid retailers, and micro-cultivators and specifies how such taxes shall be invoiced and for what purposes such taxes may be spent; and WHEREAS, the Council of the City of Norwich expects to have one or more cannabis retailers, hybrid retailers, and micro-cultivators operating in the City of Norwich. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that the following sections be added in Article VII of Chapter 7 of the Code of Ordinances: ARTICLE VII. MUNICIPAL TAXATION OF CANNABIS Sec. 7-151. Designation of contact with commissioner of revenue services. The city designates the tax collector as the individual to whom the Connecticut commissioner of revenue services shall send notifications for municipal gross receipts tax on cannabis. Sec. 7-152 Gross receipts tax. Pursuant to C.G.S. §12-330mm, the tax collector shall invoice and collect a gross receipts tax on taxable sales of cannabis by cannabis retailers, hybrid retailers, and micro-cultivators using information provided by the Connecticut commissioner of revenue services along with any associated interest, penalties or other fees. The tax collector may impose liens for nonpayment of such taxes, interest, and penalties on the real property of cannabis retailers, hybrid retailers, and micro-cultivators. Sec. 7-153 Separate set of accounts. Cannabis gross receipts tax revenues and expenditures of those revenues shall be accounted for in a special revenue fund and not included in general fund revenues. Sec. 7-154 Expenditure of cannabis gross receipts tax revenues. The city manager shall submit a resolution proposing the use of unexpended and unencumbered cannabis gross receipts taxes to be spent in the following fiscal year for the City Council’s consideration at its first meeting in April. Any expenditures of cannabis gross receipt taxes shall be in accordance with the purposes allowed in C.G.S. §12-330mm(5): a. make improvements to the streetscapes and other neighborhood developments in and around each community in which a cannabis retailer, hybrid retailer or micro-cultivator is located, b. fund education programs or youth employment and training programs in such municipality, c. fund services for individuals released from the custody of the Commissioner of Correction, probation or parole and residing in such municipality, d. fund mental health or addiction services, e. fund youth service bureaus established pursuant to section 10-19m and to municipal juvenile review boards, f. fund efforts to promote civic engagement in communities in such municipality, or g. any other purpose later approved by amendment to C.G.S. §12-330mm(5). Purpose: To establish a framework for collecting and appropriating cannabis gross receipts tax revenues. Mayor Peter Albert Nystrom President Joseph A. DeLucia Alderwoman Stacy Gould NEW BUSINESS ORDINANCE #2 AN ORDINANCE ADDING ARTICLE VIII OF CHAPTER 7 OF THE CODE OF ORDINANCES FOR MUNICIPAL OPIOID SETTLEMENT FUNDS WHEREAS, the State of Connecticut was part of a multi-state $26 billion settlement with pharmaceutical distributors Cardinal, McKesson, and AmerisourceBergen and manufacturer Johnson & Johnson for their role in the opioid crisis; and WHEREAS, the City of Norwich will receive approximately $18,000 per year for 18 years from this settlement; and WHEREAS, according to guidance from Chief Counsel to the Attorney General and Director of Legislative Affairs, these settlement funds “are to be used exclusively for opioid abatement purposes, including, but not limited to, expanding access to opioid use disorder prevention, intervention, treatment, and recovery options”; and WHEREAS, the City of Norwich may receive funds from other settlements and legal actions related to the opioid crisis with similar restrictions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that the following sections be added in Article VIII of Chapter 7 of the Code of Ordinances: ARTICLE VIII. OPIOID SETTLEMENT FUNDS Sec. 7-156 Separate set of accounts. Revenues from the opioid settlement with pharmaceutical distributors, manufacturers, and retailers and any revenues from other legal actions and settlements related to the manufacture, distribution, and sale of opioids (collectively referred to as “opioid settlement funds”) and expenditures of opioid settlement funds shall be accounted for in a special revenue fund and not included in general fund revenues. Sec. 7-157 Expenditure of opioid settlement funds. The city manager shall submit a resolution proposing the use of unexpended and unencumbered opioid settlement funds to be spent in the following fiscal year for the City Council’s consideration at its first meeting in April. Any expenditures of opioid settlement funds shall be used exclusively for opioid abatement purposes, including, but not limited to, expanding access to opioid use disorder prevention, intervention, treatment, and recovery options. Purpose: To establish a framework for collecting and appropriating opioid settlement revenues. Mayor Peter Albert Nystrom President Joseph A. DeLucia Alderwoman Stacy Gould NEW BUSINESS ORDINANCE #3 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF REAL ESTATE TAXES ON REAL PROPERTY IMPROVEMENTS FOR THE HISTORIC REDEVELOPMENT AND/OR REUSE OF THE PONEMAH SOUTH MILL, PONEMAH MILL BUILDING #2, CONSISTING OF TWO SEPARATE STRUCTURES IDENTIFIED AS 555 NORWICH AVENUE AND 575 NORWICH AVENUE WHEREAS, The Council of the City of Norwich seeks to encourage development that will contribute to the economic stability of the city, encourage tourism, and improve the quality of life for the residents of Norwich through the adaptive reuse, rehabilitation, and preservation of the historic or architecturally meritorious resources, including certain historic industrial mills, that reflect Norwich’s rich history; and WHEREAS, the Ponemah Mills are contributing structures to the Taftville National Register Historic District and have been designated as an historic mill site in the “Feasibility and Planning Study: The Historic Mills of Norwich, Connecticut” published by the city of Norwich in 1992; and WHEREAS, the Council of the City of Norwich previously encouraged and supported the adaptive reuse and rehabilitation of the Ponemah Mill Building #1 by an abatement of certain real estate taxes, which abatement assisted and continues to assist in the rehabilitation and restoration of Ponemah Mill Building #1 as a mixed-use redevelopment; and WHEREAS, 555 South Mill LLC and 575 South Mill, LLC are the owners of two (2) separate and definable structures located adjacent to the historic Ponemah Mill Building #1 and known as the South Mill or Ponemah Mill Building #2 (hereinafter “South Mill” and/or “Ponemah Mill Building #2”) which structures are to be restored and renovated during Phases 4 and 5 of the Ponemah Mill Project; and WHEREAS, the structure located at 555 Norwich Avenue with map/block/lot number 47/4/6 is to be renovated and rehabilitated as part of Phase 4 of the Ponemah Mill Project, and that located at 575 Norwich Avenue, with map/block/lot number 47/4/5, to be renovated and rehabilitated as part of Phase 5 of the Ponemah Mill Project; and WHEREAS, the Council of the City of Norwich finds that the Ponemah Mill Building #2 is historically and architecturally meritorious and that the Council has authority pursuant to Section 12-127a of the Connecticut General Statutes and Sec. 7-121.5 of the Norwich Code of Ordinances to abate real estate taxes in connection with the rehabilitation for reuse of such historic mill structures; and WHEREAS, the Norwich Commission on the City Plan has determined that both the redevelopment of the South Mill (Ponemah Mill Building #2) and the associated abatement of real estate taxes is consistent with the City’s mill enhancement program; and WHEREAS, the Council of the City of Norwich also has authority pursuant to Section 4-7 of the Norwich Code of Ordinances to reduce the building permit fees in cases involving industrial buildings or structures such as the South Mill when it determines that such building or structure will be a benefit to the city; and WHEREAS, 555 South Mill, LLC and 575 South Mill, LLC have paid and is anticipated to continue to pay the real estate taxes which have been assessed against the South Mill to date and as such may be revalued and assessed following any required future revaluation and seeks an abatement of a portion of the taxes to become due with respect to improvements made to the South Mill during renovations as set forth herein to assist it in obtaining financing for the project NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the real estate taxes on the real property improvements associated with the redevelopment and adaptive reuse of the South Mill performed to maintain its historical and architectural value shall be abated for a period of 15 years upon the conclusion of the renovation (the “Construction Period”). The Construction Period for either of the structures comprising the South Mill (whether scheduled to be done in Phase 4 or Phase 5) shall commence on the date of the issuance of the first building permit for new construction in the applicable Phase after the date of approval of this ordinance, Phase 4 for 555 Norwich Avenue, and Phase 5 for 575 Norwich Avenue, but not later than three (3) years from the issuance of the first building permit for new construction in each Phase and continue until the issuance of a Certificate of Occupancy for that Phase or three (3) years whichever occurs first; and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the Construction Period for Phases 4 and 5 for the structures at 555 Norwich Avenue or 575 Norwich Avenue respectively shall be calculated and run independently of each other for purposes of this ordinance; and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that real estate taxes on real property improvements associated with the historic redevelopment and adaptive reuse of the South Mill (Ponemah Mill Building #2) made up of 555 Norwich Avenue and 575 Norwich Avenue shall be abated for a period of fifteen (15) years in accordance with the following schedule, the abatement scheduled to start at the conclusion of the Construction Period applicable to each Phase. Year Percentage of Abatement on Real Percentage of Taxation on the Real Property Improvements made during Property and Improvements to the Phase 4 to 555 Norwich Avenue and same existing as of the date of the Phase 5 to 575 Norwich Avenue to adoption of this ordinance and as commence upon the conclusion of the such assessments may be revalued Construction Period applicable to during any subsequent revaluation or each Phase as otherwise legally required 1 75% 100% 2 75% 100% 3 75% 100% 4 75% 100% 5 75% 100% 6 50% 100% 7 50% 100% 8 50% 100% 9 50% 100% 10 50% 100% 11 25% 100% 12 25% 100% 13 25% 100% 14 25% 100% 15 25% 100% AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that pursuant to Connecticut General Statute § 12-127a and Sec. 7-121.5 of the Norwich Code of Ordinances, should any portion of Ponemah Mill Building #2, the South Mill, be demolished or remodeled in a way which destroys its architectural or historic value after taxes on it have been abated, the owner at that time shall pay the city an amount equal to the total amount of taxes equal which had been abated under this ordinance; and AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that building permit fees associated with the historic redevelopment and adaptive reuse for residential purposes of that portion of the South Mill located at 555 Norwich Avenue in Taftville shall be $100,000, but excluding and excepting from this reduction and limitation any cost related to state fees, building permit or other fees required for electric vehicle (EV) charging stations, fees for the issuance of any certificates of occupancy, costs for any necessary third party plan review of construction documents and special inspections and any redevelopment of that portion of the South Mill located at 575 Norwich Avenue. Mayor Peter Albert Nystrom President Joseph A. DeLucia Alderwoman Stacy Gould NEW BUSINESS ORDINANCE #4 AN ORDINANCE TO BE ADOPTED BY THE COUNCIL OF THE CITY OF NORWICH ACTING AS THE ZONING AUTHORITY (ZONING COMMISSION) AND LEGISLATIVE BODY OF THE CITY OF NORWICH VOTING TO OPT OUT OF PROVISIONS OF CONNECTICUT PUBLIC ACT NO. 21-29 REGARDING ALLOWANCES OF ACCESSORY APARTMENTS AS PERMITTED THEREIN AND TO STATE ITS REASONS FOR DOING SO WHEREAS, the Council of the City of Norwich pursuant to its Charter at Chapter XV section 6 acts as the Zoning Authority (Zoning Commission)of the City of Norwich; and WHEREAS, the State of Connecticut adopted Public Act No. 21-29, effective as of January 1, 2022, as to establishing legislation to allow for Accessory Dwelling Units; and WHEREAS, Public Act No. 21-29 allows a municipality to opt out of the legislation before January 1, 2023 following action by a zoning commission or combined planning and zoning commission after a public hearing, then by the municipality’s legislative body, both by a two-thirds vote, said actions are required to take place prior to January 1, 2023; and WHEREAS, the Council of the City of Norwich, acting as its Zoning Authority (Zoning Commission) may make the following findings in favor of opting out of the applicable provisions of Public Act 21-29 regarding allowance of accessory apartments: 1) Public Act 21-29 effective January 1, 2022 includes standards to allow construction of accessory apartments that supersede municipal zoning regulations governing accessory units, unless a municipality opts out of the legislation before January 1, 2023; 2) The City of Norwich Zoning Regulations at section 6.7 provide a pathway to establish an accessory dwelling unit; 3) On May 16, 2022, the City of Norwich adopted its Affordable Housing Plan and submitted the same to the State of Connecticut Office of Policy and Management demonstrating the significant number of affordable housing units and existing housing stock in the city, the number of affordable housing units exceeding ten (10) percent after existing housing stock; 4) The City of Norwich is in the process of preparing a statutory required ten-year plan of conservation and development which is to be adopted in August of 2023 to include updated recommendations relative to housing and land use; 5) This ordinance has been duly introduced at a regular meeting of the Council of the City of Norwich at which time a first reading was had and a public hearing scheduled with the title to the same and a concise description of its purpose and a statement that the proposed ordinance is on file in the clerk’s office and available for public inspection, notice of the same given within seven days after its introduction by a paid advertisement once in the daily newspaper of general circulation in the city, together with a notice of the time and place in which the public hearing or hearings thereon shall be held, pursuant to section 10 of Chapter V of the Norwich Code of Ordinances. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH acting as its Zoning Authority (Zoning Commission) and as its legislative body 1) pursuant to Connecticut Public Act 21-29 the Council of the City of Norwich acting as its Zoning Authority (Zoning Commission) and its legislative body makes the following findings: a) Public Act 21-29 effective January 1, 2022 includes standards to allow construction of accessory apartments that supersede municipal zoning regulations governing accessory units, unless a municipality opts out of the legislation before January 1, 2023; b) The City of Norwich Zoning Regulations at section 6.7 provide a pathway to establish an accessory dwelling unit; c) On May 16, 2022, the City of Norwich adopted its Affordable Housing Plan and submitted the same to the State of Connecticut Office of Policy and Management demonstrating the significant number of affordable housing units and existing housing stock in the city, the number of affordable housing units exceeding ten (10) percent after existing housing stock; d) The City of Norwich is in the process of preparing a statutory required ten-year plan of conservation and development which is to be adopted in August of 2023 to include updated recommendations relative to housing and land use; e) This ordinance has been duly introduced at a regular meeting of the Council of the City of Norwich at which time a first reading was had and a public hearing scheduled with the title to the same and a concise description of its purpose and a statement that the proposed ordinance is on file in the clerk’s office and available for public inspection, notice of the same given within seven days after its introduction by a paid advertisement once in the daily newspaper of general circulation in the city, together with a notice of the time and place in which the public hearing or hearings thereon shall be held, pursuant to section 10 of Chapter V of the Norwich Code of Ordinances. 2) The Council of the City of Norwich acting as the Zoning Authority (Zoning Commission) has adopted this ordinance opting out of the Accessory Dwelling Unit provision of P.A. 21-29 by a vote of more than two-thirds of its members; 3) The Council of the City of Norwich acting as its legislative body hereby adopts this ordinance and affirmatively opts out of the Accessory Dwelling Unit provisions of Public Act 21-29 for the reasons stated herein. Mayor Peter Albert Nystrom President Joseph A. DeLucia Alderwoman Stacy Gould

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