City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 The regular meeting of the Council of the City of Norwich was held May 15, 2023 at 7:30 PM in Council Chamber. Present: Mayor Nystrom, Ald. Neuendorf, Gould, Singh, and Burto. With President Pro Tem DeLucia absent. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Burto 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. Sierra Lindsey, 72 Cedar St., spoke with a request in efforts to help the youth in Norwich to get through and past the recent violent situation that has recently happened. He indicated he has begun doing some things on his own but would like any help that the City could provide. Rozul Wallace, 21 Huntington Pl., described his intent of creating a commercial composting facility in Norwich. He also touched on some other plans that would tie into this plan and asked for the Council’s support of this venture to help make it happen. Joanne Philbrick, 10 Elm Ave., praised Cathy our Building Maintenance employee for her outstanding work ethic and compassion for people. She suggested that the City institute an employee of the month program as Cathy is a perfect candidate for that award. She also spoke in complete disgust of the article in the The Day newspaper regarding the chaotic situation in the middle school. Mayor Nystrom declared citizen comment closed. Mayor Nystrom called for Ald. Gould to read the following proclamation. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 Mayor Nystrom read the following proclamation. Mayor Nystrom called for the following public hearing regarding recapturing Community Development Block Grant-Coronavirus Response (CDBG-CV) Cares Act funds.. Speaking in favor: Speaking in opposition: There were no speakers. There being no speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for the following public hearing on AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 20, SECTIONS 20-19 AND 20-24, OF THE CODE OF ORDINANCES FOR CORRECTIONS AND CHANGES RECOMMENDED BY THE PUBLIC PARKING COMMISSION 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 Speaking in favor: Speaking in opposition: There were no speakers. There being no speakers Mayor Nystrom declared the public hearing closed. Upon a motion of Ald. Singh, seconded by Ald. Gould, 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 its second reading. Upon a motion of Ald. Singh, seconded by Ald. Gould, on a roll call vote it was unanimously voted to put the following ordinance introduced by Mayor Nystrom, Ald. Gould and Ald. Singh on the floor. AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 20, SECTIONS 20-19 AND 20-24, OF THE CODE OF ORDINANCES FOR CORRECTIONS AND CHANGES RECOMMENDED BY THE PUBLIC PARKING COMMISSION WHEREAS, Article II of Chapter 20 of the Code of Ordinances, as most recently amended by Ordinance 1831, sets forth the powers and responsibilities of the public parking commission; and WHEREAS, the public parking commission recommends making corrections and changes to Article II of Chapter 20 of the Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that the following sections be amended in Article II of Chapter 20 of the Code of Ordinances: Sec. 20-19. Same—Fines and penalties. Each registered owner or motor vehicle operator receiving a notice provided in section 20-18 shall pay as a penalty for and in full satisfaction of such violation the following sums: (a) Obstructing driveway $25.00 $30.00 (b) Parking too far from curb $15.00 $20.00 (c) Parking too close to corner $15.00 $20.00 (d) Double parking $25.00 $30.00 (e) Parking on wrong side of street $15.00 $20.00 (f) Parking in crosswalk $15.00 $20.00 (g) Parking too close to fire hydrant $25.00 $30.00 (h) Violation of snow regulations $25.00 $30.00 (i) Parking in handicapped zone $100.00 $150.00 for first offense and $250.00 for subsequent offenses (j) Parking in fire zone $25.00 $30.00 (k) Parking in posted no parking zone $15.00 $20.00 (l) Overtime parking $5.00 $20.00 (m) Parking at bus stop, taxi stand or loading zone $15.00 $20.00 (n) Parking on sidewalk $15.00 $20.00 (o) Parking in intersection $15.00 $20.00 (p) Obstructing traffic $25.00 $30.00 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 (q) Left wheel to curb $15.00 $20.00 (r) Other $15.00 $20.00 The failure of such registered owner or motor vehicle operator to make such payment to said commission within 14 days shall render them liable to payment of double the above fines. The failure of such registered owner or motor vehicle operator to make such payment to said commission within 30 days shall render them liable to the penalty provided by the Connecticut General Statutes for violations. Any convenience fees or other collection costs may be passed such registered owner or motor vehicle operator by the commission. Sec. 20-24. Hearing procedure for parking violations Pursuant to §§ 7-148, 7-152b, and 14-305 to 14-308, inclusive, of the Connecticut General Statutes, the city enacts the hearing procedure for parking violations described herein. a) Hearing officers. The parking commission city manager shall appoint one or more parking violation hearing officers to conduct hearings for parking violations. Such hearing officers cannot be personnel who are authorized to issue such violations or who otherwise work for the police department or parking commission. b) Notice of violation. Within two years from the expiration of the final period for the uncontested payment of fines, penalties, costs or fees for any alleged parking violation, the city shall send notice to the motor vehicle operator, if known, or the registered owner of the motor vehicle by first class mail at their address according to the registration records of the Department of Motor Vehicles or by electronic mail, if the operator or owner's electronic mail address is known. Such notice shall inform the operator or owner: i) of the allegations against them and the amount of the fines, penalties, costs or fees due; ii) that they may contest their liability before a parking violations hearing officer by delivering in person, by electronic mail or by mail written notice within 10 days of the date thereof; iii) that if they do not demand such a hearing, an assessment and judgment shall enter against them; and iv) that such judgment may issue without further notice. c) Proof of liability. Whenever a violation of such an ordinance occurs, proof of the registration number of the motor vehicle involved shall be prima facie evidence in all proceedings provided for in this section that the owner of such vehicle was the operator thereof; provided, the liability of a lessee under section 14-107 shall apply. d) Admission of liability. If the person who is sent notice pursuant to subsection (b) of this section wishes to admit liability for any alleged violation, such person may, without requesting a hearing, pay the full amount of the fines, penalties, costs or fees admitted to in person or by mail to an official designated by the city. Such payment shall be inadmissible in any proceeding, civil or criminal, to establish the conduct of such person or other person making the payment. Any person who does not demand a hearing within 10 days of the date of the first notice provided for in subsection (b) of this section shall be deemed to have admitted liability, and the designated official shall certify such person's 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 failure to respond to the hearing officer. The hearing officer shall thereupon enter and assess the fines, penalties, costs or fees provided for by the applicable ordinances and shall follow the procedures set forth in subsection (f) of this section. e) Hearing procedure. i) Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than 15 days nor more than 30 days from the date of the mailing of notice, provided the hearing officer shall grant upon good cause shown any reasonable request by any interested party for postponement or continuance. An original or certified copy of the initial notice of violation issued by a police officer or other issuing officer shall be filed and retained by the city, be deemed to be a business record within the scope of section 52-180 and be evidence of the facts contained therein. The presence of the police officer or issuing officer shall be required at the hearing if such person so requests. A person wishing to contest their liability shall appear at the hearing in person or by means of electronic equipment, and may present evidence in their behalf. A designated official, other than the hearing officer, may present evidence on behalf of the city. ii) If such person fails to appear, the hearing officer may enter an assessment by default against them upon a finding of proper notice and liability under the applicable statutes or ordinances. The hearing officer may accept from such person copies of police reports, Department of Motor Vehicles documents and other official documents by mail and may determine thereby that the appearance of such person is unnecessary. The hearing officer shall conduct the hearing in the order and form and with such methods of proof as he deems fair and appropriate. The rules regarding the admissibility of evidence shall not be strictly applied, but all testimony shall be given under oath or affirmation. The hearing officer shall announce their decision at the end of the hearing. If the hearing officer determines that the person is not liable, they shall dismiss the matter and enter their determination in writing accordingly. If the hearing officer determines that the person is liable for the violation, they shall forthwith enter and assess the fines, penalties, costs or fees against such person as provided by the applicable ordinances of the city. f) Notice of assessment and judgment. If such assessment is not paid on the date of its entry, the hearing officer shall send by first class mail a notice of the assessment to the person found liable and shall file, not less than 30 days or more than 12 months after such mailing, a certified copy of the notice of assessment with the clerk of a superior court facility designated by the Chief Court Administrator together with an entry fee of $8.00. The certified copy of the notice of assessment shall constitute a record of assessment. Within such 12-month period, assessments against the same person may be accrued and filed as one record of assessment. The clerk shall enter judgment, in the amount of such record of assessment and court costs of $8.00, against such person in favor of the city. Notwithstanding any provision of the general statutes, the hearing officer's assessment, when so entered as a judgment, shall have the effect of a civil money judgment and a levy of execution on such judgment may issue without further notice to such person. g) Appeal. A person against whom an assessment has been entered pursuant to this section is entitled to judicial review by way of appeal. An appeal shall be instituted within 30 days of the mailing of notice of such assessment by filing a petition to reopen assessment, together with an entry fee in an amount equal to the entry fee for a small claims case pursuant to section 52-259, at the Superior Court facility designated by the Chief Court Administrator, which shall entitle such person to a hearing in accordance with the rules of the judges of the Superior Court. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 Purpose: To increase parking fines and identify the city manager as the person who appoints hearing officers. Motion passes on a roll call vote of 5-0. City Manager’s Report To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: May 15, 2023 Meetings attended were Connecticut Conference of Municipalities (CCM), Legislative Committee and Board of Directors, Southeastern Council of Governments Executive Committee Meeting (SCCOG) NPU- City Coordination Meeting, NCDC Board of Directors meeting, CT Investment Fund (CIF) Stakeholders, and Fire Chief Apparatus Reduction Committee. I attended a gathering of state and local officials at Business Park North in Occum. Lt. Governor Susan Bysiewicz spoke on behalf of the 11.39 million award from the Department of Economic and Community Development’s Community Investment Fund 2030. It is expected that this development will bring thousands of new jobs in manufacturing, defense and energy and leverage $300 million in private investment to town. I also attended the National League of Cities (NLC) RISC Trustees Conference in Portland, Oregon May 10th to May 12th. I attended sessions on: Homelessness, Cities, and the Changing Legal Landscape, De- escalation Training and Funding for Public Safety Projects and Reimagining Public Sector Hiring (with special attention to public safety hiring). The annual conference provides resources to help trustees fulfill their fiduciary responsibilities and execute the mission of their organization and includes networking with fellow trustees in a non-competitive collaborative environment. Norwich Public Works and Building Maintenance installed a base support in City Hall Plaza for the temporary flag pole that will be used for the cultural flag raisings. Eight Norwich youths were recognized by the Mayor in a ceremony on May 5th in Council Chambers for Youth Leadership Awards. Congratulations to Alyssa Newson, Analyse Valdez, Eliana Cepeda Rodriguez, Elya Anor, Lillian Daniels, Maddison Langlois, Sawyer Barile and Stephanie Herr. Norwich Youth, Family, & Recreation will hold a Wellness Walk and Bike Safety Event Saturday, May 20th from 10-12 pm at Fontaine Field and the Rose City Senior Center. The event is free and open to all ages. Filming took place last Friday at City Hall for the World War 2 spy thriller Fog of War. City Manager’s Report to Public Safety 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 May 10, 2023 meeting I met with the Fire Chiefs and Fleet Maintenance on May 9th. The meeting focused primarily on apparatus reduction/replacement. I tasked the Chiefs to provide further information on proposed mini pumpers and commercial chassis based apparatus. These represent an opportunity to save money when replacing apparatus. Chiefs discussed EMT/MRT response on medical calls and if R-1 requirements were being met. The question arose out of a medical call in Taftville where they may not have been any medically certified personnel on the call. The volunteer Chiefs said that they do not send a crew without medically certified personnel other than lift assist non-medical emergency types of calls. Chief Montoya gave an update on the radio and CAD projects. Mobile installation has begun and portables will be delivered soon. There was discussion on recent dispatch concerns with Auto Aid policy being followed. I asked for two Chief representatives to meet with myself, Chief Daley and Dispatch representative to discuss the concerns. Chiefs Montoya and Eggert offered to represent the group. We will schedule a meeting for the coming weeks. The Chiefs discussed EDispatch and how the group would proceed with the annual subscription. Chief Eyberse will research a 6-month renewal to allow time to determine what capabilities the new CAD will provide. Chief Milton asked the others to survey their membership to see if there was interest in becoming drone operators. 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 speakers. Upon a motion of Ald. Singh, seconded by Ald. Burto, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, Pres. Pro Tem DeLucia and Ald. Gould. WHEREAS, the City of Norwich Office of Community Development, as guided by the U.S. Department of Housing and Urban Development, is proposing a Third Substantial Amendment to the City of Norwich’s Annual Action Plan and budget for FY 2019-2020 to recapture and reallocate $200,586.16 of Community Development Block Grant Coronavirus Response Grant (CDBG-CV) CARES Act funds; and WHEREAS, the Community Development Advisory Committee (CDAC) has held a public meeting and voted on their recommendations for CDBG-CV allocations in the month of April; and 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 WHEREAS, the substantial amendment process is subject to a 30-day comment period prior to being placed into effect and the Council of the City of Norwich must hold a public hearing regarding the recommendations prior to the final vote on the allocation of the substantial amendment. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the City Council shall meet on the subject of a substantial amendment and reallocation of CDBG-CV. CITY OF NORWICH - CDBG-CV Requests (2023 RECAPTURE) Available Funding PY45 Substantial Amendment #3 CDBG-CV $ 200,586.16 CDAC Council Request Recommendation Recommendation Public Services TVCCA Homelessness Prevention $ 20,000.00 $ 20,000.00 NHS Senior Accessible Medical Care & Education $ 170,000.00 $ 101,897.48 Thames River Community Service Young Parent Housing Stability $ 22,275.00 $ 22,275.00 St. Vincent de Paul Place Cold Food Storage $ 46,413.68 $ 46,413.68 Big Brothers Big Sisters Community-Based Mentoring $ 10,000.00 $ 10,000.00 Total Public Services $ 268,688.68 $ 200,586.16 $ - Non-Public Services DPW Taftville Walking Path Improvements $ 119,697.00 $ - Total Non-Public Services $ 119,697.00 $ - $ - Public Service $ 268,688.68 $ 200,586.16 $ - Non-Public Service $ 119,697.00 $ - $ - Upon a motion of Ald. Gould, seconded by Ald. Burto, on a roll call vote it was unanimously voted to adopt the following resolution introduced by City Manager John L. Salomone. Relative to the approval of the NAGE/Public Works Employees collective bargaining unit agreement and the related budget changes to fiscal years 2022-23 and 2023-24. RESOLVED, that the Collective Bargaining Agreement between the City of Norwich and National Association of Government Employees (NAGE)/ Public Works Employees, covering the period between July 1, 2022 through June 30, 2025, be, and the same hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 4-474; and further, that the City Manager, John L. Salomone, be, and hereby is, authorized and directed to execute the same in the name of the City. RESOLVED, that the following 2022-23 budget transfers be made related to the settlement of the NAGE collective bargaining unit agreement as listed herein. Org Obj Org Name Obj Description Amount 10430300 51610 PW Street Regular Employees 53,259.00 Maintenance 10430300 51630 PW Street Overtime 1,463.00 Maintenance 10430300 52000 PW Street Fringe Benefits 4,186.00 Maintenance 10431300 51610 PW Fleet Maintenance Regular Employees 13,740.00 10431300 51630 PW Fleet Maintenance Overtime 780.00 10431300 52000 PW Fleet Maintenance Fringe Benefits 1,111.00 10434700 51610 PW Building Regular Employees 13,664.00 Maintenance 10434700 51630 PW Building Overtime 488.00 Maintenance 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 10434700 52000 PW Building Fringe Benefits 1,083.00 Maintenance 10434800 51610 PW Parking Regular Employees 1,607.00 Maintenance 10434800 52000 PW Parking Fringe Benefits 123.00 Maintenance 10500000 58600 Non-Departmental Contingency (91,504.00) RESOLVED, that the budget for Fiscal Year 2023-24, as tentatively adopted on May 1, 2023, be amended by the adjustments related to the settlement of the NAGE collective bargaining unit agreement as listed herein. Org Obj Org Name Obj Description Amount 10430300 51610 PW Street Maintenance Regular Employees 111,826.00 10430300 51630 PW Street Maintenance Overtime 6,738.00 10430300 52000 PW Street Maintenance Fringe Benefits 9,070.00 10431300 51610 PW Fleet Maintenance Regular Employees 28,896.00 10431300 51630 PW Fleet Maintenance Overtime 2,642.00 10431300 52000 PW Fleet Maintenance Fringe Benefits 2,413.00 10434700 51610 PW Building Maintenance Regular Employees 28,224.00 10434700 51630 PW Building Maintenance Overtime 2,114.00 10434700 52000 PW Building Maintenance Fringe Benefits 2,321.00 10434800 51610 PW Parking Maintenance Regular Employees 3,265.00 10434800 52000 PW Parking Maintenance Fringe Benefits 250.00 10500000 58600 Non-Departmental Contingency (197,759.00) Upon a motion of Ald. Gould, seconded by Ald. Burto, on a roll call vote it was unanimously voted to adopt the following resolution introduced by City Manager John L. Salomone. Relative to the approval of the AFSCME Local 2422/ City Hall Employees collective bargaining unit agreement and the related budget changes to fiscal years 2022-23 and 2023-24 RESOLVED, that the Collective Bargaining Agreement between the City of Norwich and American Federation of State, County & Municipal Employees, Local 2422/ City Hall Employees (“AFSCME Local 2422”), covering the period between July 1, 2022 through June 30, 2025, be, and the same hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 4-474; and further, that the City Manager, John L. Salomone, be, and hereby is, authorized and directed to execute the same in the name of the City. RESOLVED, that the following 2022-23 budget transfers be made related to the settlement of the AFSCME Local 2422 collective bargaining unit agreement as listed herein. Org Object Org Name Obj Description Amount 10411700 51610 Finance Regular Employees 14,072.00 10411700 51630 Finance Overtime 553.00 10411700 52000 Finance Fringe Benefits 1,119.00 10413100 51610 Assessor Regular Employees 5,005.00 10413100 51630 Assessor Overtime 34.00 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 10413100 52000 Assessor Fringe Benefits 385.00 10413700 51610 Treasurer Regular Employees 4,026.00 10413700 52000 Treasurer Fringe Benefits 308.00 10414700 51610 City Clerk Regular Employees 10,534.00 10414700 51630 City Clerk Overtime 34.00 10414700 52000 City Clerk Fringe Benefits 808.00 10415100 51610 Planning & Neighborhood Services Regular Employees 10,532.00 10415100 51630 Planning & Neighborhood Services Overtime 235.00 10415100 52000 Planning & Neighborhood Services Fringe Benefits 824.00 10420100 51610 Police Regular Employees 4,718.00 10420100 52000 Police Fringe Benefits 361.00 10420200 51610 Norwich Fire Regular Employees 3,465.00 10420200 52000 Norwich Fire Fringe Benefits 265.00 10430300 51610 PW Streets Regular Employees 5,820.00 10430300 51630 PW Streets Overtime 67.00 10430300 52000 PW Streets Fringe Benefits 450.00 10430500 51610 PW Engineering Regular Employees 13,056.00 10430500 51630 PW Engineering Overtime 34.00 10430500 52000 PW Engineering Fringe Benefits 1,001.00 10441700 51610 Senior Center Regular Employees 9,471.00 10441700 52000 Senior Center Fringe Benefits 725.00 10441900 51610 Youth & Family Services Regular Employees 2,297.00 10441900 52000 Youth & Family Services Fringe Benefits 176.00 10442700 51610 Adult & Family Services Regular Employees 4,373.00 10442700 52000 Adult & Family Services Fringe Benefits 335.00 10450300 51610 Recreation Regular Employees 2,967.00 10450300 51630 Recreation Overtime 13.00 10450300 52000 Recreation Fringe Benefits 228.00 10500000 58600 Non-Departmental Contingency (98,291.00) RESOLVED, that the budget for Fiscal Year 2023-24, as tentatively adopted on May 1, 2023, be amended by the adjustments related to the settlement of the AFSCME Local 2422 collective bargaining unit agreement as listed herein. Org Object Org Name Obj Description Amount 10411700 51610 Finance Regular Employees 30,778.00 10411700 51630 Finance Overtime 508.00 10411700 52000 Finance Fringe Benefits 2,393.00 10413100 51610 Assessor Regular Employees 10,767.00 10413100 51630 Assessor Overtime 65.00 10413100 52000 Assessor Fringe Benefits 829.00 10413700 51610 Treasurer Regular Employees 9,857.00 10413700 52000 Treasurer Fringe Benefits 754.00 10414700 51610 City Clerk Regular Employees 11,166.00 10414700 51630 City Clerk Overtime 65.00 10414700 52000 City Clerk Fringe Benefits 859.00 10415100 51610 Planning & Neighborhood Services Regular Employees 25,178.00 10415100 51630 Planning & Neighborhood Services Overtime 452.00 10415100 52000 Planning & Neighborhood Services Fringe Benefits 1,961.00 10420100 51610 Police Regular Employees 19,227.00 10420100 52000 Police Fringe Benefits 1,471.00 10420200 51610 Norwich Fire Regular Employees 6,672.00 10420200 52000 Norwich Fire Fringe Benefits 510.00 10430300 51610 PW Streets Regular Employees 11,400.00 10430300 51630 PW Streets Overtime 129.00 10430300 52000 PW Streets Fringe Benefits 882.00 10430500 51610 PW Engineering Regular Employees 21,523.00 10430500 51630 PW Engineering Overtime 65.00 10430500 52000 PW Engineering Fringe Benefits 1,651.00 10441700 51610 Senior Center Regular Employees 19,285.00 10441700 52000 Senior Center Fringe Benefits 1,475.00 10441900 51610 Youth, Family, and Recreation Services Regular Employees 8,847.00 10441900 52000 Youth, Family, and Recreation Services Fringe Benefits 677.00 10442700 51610 Adult & Family Services Regular Employees 9,987.00 10442700 52000 Adult & Family Services Fringe Benefits 764.00 10500000 58600 Non-Departmental Contingency (200,197.00) 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 Upon a motion of Ald. Burto, seconded by Ald. Gould, on a roll call vote it was unanimously decided to waive the full reading of the text, and set a public hearing on June 5, 2023, at 7:30 pm for the following ordinance introduced Mayor Nystrom, Pres. Pro Tem DeLucia, Ald. Gould and Ald. Singh. AN ORDINANCE ESTABLISHING A FAIR RENT COMMISSION WHEREAS, Public Act No. 22-30 requires that any municipality with a population of 25,000 or more, as determined by the most recent decennial census, must establish a Fair Rent Commission by July 1, 2023 if it does not already have one, and notify and provide a copy of the ordinance to the Commissioner of Housing within thirty days of the adoption of the ordinance; and WHEREAS, the Council of the City of Norwich, by this ordinance shall establish a Fair Rent Commission to comply with the requirements of Public Act No. 22-30 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the following ordinance creating a Fair Rent Commission for the City of Norwich and assigning powers and responsibilities to it in accordance with Connecticut General Statutes sections 7-148a through 7-148f, C.G.S. §47a-20, C.G.S. §21-80a, and C.G.S. §47a-23a, and as they may be amended, be and hereby is adopted to be codified in the Code of Ordinances of the City of Norwich as Chapter 4 Article III Fair Rent Commission, Sections 4-39 to 4-46. Article III. Fair Rent Commission Section 4-39. Creation of Fair Rent Commission (a) Pursuant to and in conformity with C.G.S. §§ 7-148b through 7-148f, C.G.S. §47a-20, C.G.S. § 21- 80a and C.G.S. §47a-23c, there is hereby created a Fair Rent Commission for the City of Norwich which shall have its principal office at 100 Broadway, Norwich, Connecticut or such other place as may be designated for the purpose of controlling and eliminating excessive rental charges for housing accommodations within Norwich, and to carry out the purposes, duties, responsibilities and all provisions of the above-described sections and any other statutory sections, as they may be amended from time to time, pertaining to fair rent commissions. (b) The commission shall consist of three (3) members and two (2) alternates, all of whom shall be electors of the City of Norwich. Of the three (3) regular members, at least one (1) shall be a landlord and one (1) shall be a tenant. Among the alternate members, at least one (1) shall be a landlord and one (1) shall be a tenant. (c) The members and alternates shall be appointed by the City Council. A quorum shall consist of two (2) members or seated alternates. Members of the commission shall serve without compensation. (d) Members of the commission shall be appointed for terms of two (2) years or until their successors shall be duly appointed. Vacancies on the commission shall be filled, within a reasonable time, in the manner of original appointment for the unexpired portion of the term. Any member of the commission may be reappointed in the manner of original appointment. (e) The commission may appoint a recording secretary. Section 4-40. Powers of the Commission 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 The commission’s powers shall include the power to: (a) Receive complaints, inquiries, and other communications concerning alleged excessive rental charges and alleged violations, including retaliation, of C.G.S. §§ 7-148b through 7-148f, inclusive, C.G.S. § 47a-20, C.G.S. § 21-80a and C.G.S. § 47a-23c in housing accommodations, except those accommodations rented on a seasonal basis, within its jurisdiction, which jurisdiction shall include mobile (manufactured) homes and mobile (manufactured) home parks and subdivisions and lots therein. i. “Seasonal basis” means housing accommodations rented for a period or periods aggregating not more than 120 days in any one calendar year. ii. “Rental charge” includes any fee or charge in addition to rent that is imposed or sought to be imposed upon a tenant by a landlord, and includes any charge that is already in effect; (b) Make such studies and investigations regarding rental housing within the City of Norwich as are appropriate to carrying out the duties and responsibilities delegated hereunder, and subject to the terms, limitations and conditions set forth herein; (c) Conduct hearings on complaints or requests for investigation submitted to it by any person, subject to the terms, limitations, and conditions as set forth herein; (d) Compel the attendance of persons at hearings, issue subpoenas and administer oaths, issue orders, and continue, review, amend, terminate, or suspend any of its orders and decisions; (e) Determine, after a hearing as set forth herein, whether or not the rent for any housing accommodations is so excessive as to be harsh and unconscionable; (f) Determine, after a hearing as set forth herein, whether a landlord has engaged in retaliation in violation of Section 4-44 herein and make such orders as are authorized herein; (g) Order of suspension or reduction of further payment of rent by the tenant until such time as the landlord makes the necessary changes, repairs, or installations so as to bring such housing accommodation into compliance with any municipal ordinance or state statute or regulation relating to health and safety; (h) Establish an escrow account in a local bank or financial institution into which it shall deposit all rent charges or other funds paid to it pursuant to Section 4-43 herein; (i) Carry out all of the provisions of C.G.S. §§ 7-148b through 7-148f, inclusive, C.G.S. § 47a-20, C.G.S. § 21-80a and C.G.S. § 47a-23c as now existing and as may hereinafter be amended, as they apply to fair rent commissions; Section 4-41. Determination of Excessive Rent (a) In determining whether a rental charge or a proposed increase in a rental charge is so excessive, with due regard to all the circumstances, as to be harsh and unconscionable, the commission shall consider such of the following circumstances as are applicable to the type of accommodation: (1) The rents charged for the same number of rooms in other housing accommodations in the same and in other areas of the municipality; (2) the sanitary conditions existing in the housing accommodations in question; (3) the number of bathtubs or showers, flush waste closets, kitchen sinks, and lavatory basins available to the occupants thereof; (4) services, furniture, furnishings, and equipment supplied therein; (5) the size and number of bedrooms contained therein; (6) repairs necessary to make such accommodations reasonably livable for the occupants accommodated therein; (7) the amount of taxes and overhead expenses, including debt service, thereof; 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 (8) whether the accommodations are in compliance with the ordinances of the municipality and the general statutes relating to health and safety; (9) the income of the petitioner and the availability of accommodations; (10) the availability of utilities; (11) damages done to the premises by the tenant, caused by other ordinary wear and tear; (12) the amount and frequency of increases in rental charges; (13) whether, and the extent to which, the income from an increase in rental charges has been or will be reinvested in improvements to the accommodations. (b) Nothing in this section shall preclude the Commission from considering other relevant circumstances. (c) The rent of a tenant protected by C.G.S. §47a-23c who timely and properly files a complaint with the commission pursuant to C.G.S. §47a-23(c)(1) may be increased only to the extent that such increase is fair and equitable based on the criteria set forth in §7-148c of the Connecticut General Statute. Section 4-42. Procedures and Hearing on Complaints (a) The commission shall receive complaints from any person alleging a violation of this Article which violation is within the power of the commission to act upon, which complaint must be in writing utilizing forms provided by the commission. The commission shall not be obligated to schedule a hearing for any complaint filed until the complaint complies with the commission’s filing requirements. Upon the receipt of a complaint made utilizing the forms provided by the commission, the commission shall promptly notify all parties in writing of the receipt of the complaint. i. Such notice shall also inform the parties that the landlord is prohibited from retaliating against the tenant due to the filing of the complaint. ii. It shall also inform the parties that, until a decision on the complaint is made by the commission, the tenant’s liability shall be for the amount of the last rent prior to the increase complained of or, if there is no such increase, the last agreed-upon rent, and that an eviction based upon non-payment of rent cannot be initiated against a tenant who continues to pay the last agreed-upon rent during the pendency of the fair rent commission proceeding. (b) In accordance with the state Freedom of Information Act, both the hearing itself and the deliberation by the commission shall be open to observation by the public. (c) If a complaint alleges housing conditions that violate a housing, health, building, or other code or statute, the commission shall notify the appropriate municipal official or agency, which may then concurrently exercise its own powers. In addition, the commission may request that the appropriate municipal official or agency promptly investigate and provide a report to the commission. (d) If two or more complaints are filed against the same landlord by tenants occupying different rental units in the same building, complex, or mobile home park that appear to raise the same or similar issues, the commission may consolidate such claims for hearing. (e) A hearing on a complaint shall be scheduled no later than thirty (30) days after the filing of the complaint, unless impracticable. Written notice of the date, time, and place of the hearing shall be given to the parties to the complaint at least ten (10) days prior to the hearing by first class and certified mail and, if practicable, by electronic mail. Hearings may be continued to later dates for reasons satisfactory to the commission and stated on the record. (f) The testimony taken at a hearing shall be made under oath. Hearings shall be recorded. (g) In the event that there is insufficient time to complete a hearing or for other cause, the commission shall have the power to continue or adjourn the hearing to another time and date. 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 (h) No sale, assignment, transfer of the housing accommodation in question, or attempt to evict the tenant shall be cause for discontinuing any pending proceeding nor shall it affect the rights, duties, and obligations of the commission or the parties. Section 4-43. Rent Reduction Order and Repairs (a) The commission shall render its decision at the same meeting at which the hearing on the complaint is completed or within thirty (30) days following such date, unless impracticable. (b) Until a decision on the complaint is made by the commission, the tenant’s liability shall be for the amount of the last rent prior to the increase complained of or, if there is no such increase, the last agreed-upon rent. (c) If the commission determines after a hearing that the rental charge or proposed increase in the rental charge for any housing accommodation is so excessive, based on the standards and criteria set forth, as to be harsh and unconscionable, it may order that the rent be limited to such an amount as it determines to be fair and equitable, effective the month in which the tenant filed the complaint. (d) The commission’s orders may include, but are not limited to, a reduction in a rental charge or proposed rent increase; a delay in an increased rental charge until specified conditions, such as compliance with municipal code enforcement orders, have been satisfied; or a phase-in of an increase in a rental charge, not to exceed a fair and equitable rent, in stages over a period of time. Commission orders shall be effective for at least one (1) year from the date of issuance unless the commission otherwise orders. Section 4-44. Retaliation (a) No landlord shall engage in retaliatory actions. Retaliatory actions by a landlord include but are not limited to the following: i. Refusing to renew the lease or other rental agreement of any tenant; bringing or maintaining an action or proceeding against the tenant to recover possession of the dwelling unit; demanding an increase in rent from the tenant; decreasing the services to which the tenant has previously been entitled; or verbally, physically, or sexually harassing a tenant because a tenant has filed a complaint with the fair rent commission; ii. Engaging in any other action determined by the commission, after a hearing, to constitute landlord retaliation. Section 4-45. Appeals Any person aggrieved by any order or decision of the commission may appeal to the Superior Court within thirty (30) days of the issuance of the written notice of the decision to the parties. Such notice shall include notice of the right to appeal, the court to which an appeal may be taken, and the time in which an appeal must be filed. Unless otherwise directed by the commission or the court, the filing of an appeal shall not stay any order issued by the commission. Section 4-46. Failure to Comply with Commission Orders (a) Any person who violates any order of rent reduction or rent suspension by demanding, accepting, or receiving an amount in excess thereof while such order remains in effect, and no appeal pursuant to § 7-148e is pending, or who violates any other provision of this chapter or C.G.S. § 47a-20 or 21-80a or 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 who refuses to obey any subpoena, order, or decision of the commission pursuant thereto shall be fined not less than $25 nor more than $100 for each offense. i. If such offense continues for more than five days, it shall constitute a new offense for each day it continues to exist thereafter. The commission, in its own name or through the municipality, may bring a civil action to any court of competent jurisdiction or take any other action in such a court to enforce any order of the commission made pursuant to this subchapter, or to enjoin a violation or threatened violation of any order of the commission. Upon a motion of Ald. Burto, seconded by Ald. Gould, on a roll call vote it was unanimously decided to waive the full reading of the text, refer to Commission on the City Plan and set a public hearing on June 5, 2023, at 7:30 pm for the following ordinance introduced Mayor Nystrom. AN ORDINANCE APPROPRIATING $6,000,000 FOR THE CITY OF NORWICH INFRASTRUCTURE IMPROVEMENT PROGRAM (2023) AND AUTHORIZING THE ISSUE OF $6,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $6,000,000 is appropriated for the planning, acquisition and construction of the City of Norwich Infrastructure Improvement Program (2023) (the “Project”). The Project shall consist of the improvement or new construction of roads, bridges and bridge structures, parking structures, sidewalks, piers and wharves, and appurtenant areas throughout the City of Norwich (the “City”). The specific improvements shall be determined from time to time by the Public Works Director and City Manager. Project improvements may consist of, but are not limited to, blasting, horizontal and vertical realignment, drainage installation, paving, curbing, milling, capping, landscaping and reclamation and for improvements to structures or utilities, incidental, appurtenant or encountered in the course of such improvements and for engineering, design, traffic control, administrative, consulting, advertising, printing, legal and financing costs related thereto. Said appropriation shall be in addition to grant funding and all prior and future appropriations for said purpose. Section 2. The total estimated cost of the Project is $6,000,000. No portion of the Project cost is expected to be paid from other sources other than the proposed bond issue. The estimated useful life of the Project is twenty (20) years. The Project is a general benefit to the City and its general governmental purposes. Section 3. To meet said appropriation $6,000,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth (20th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, including the authority to enter into agreements managing interest rate risk. The City Manager and Comptroller, on behalf of the City, shall execute and deliver such reimbursement agreements, letter of credit agreement, credit facilities, remarketing, standby marketing agreements, standby bond purchase agreements, and any other commercially necessary or appropriate agreements which are necessary, appropriate or desirable in connection with or incidental to the sale and issuance of such bonds or notes. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 15, 2023 applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 10. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law. Section 11. The City Manager and Comptroller are hereby authorized to prepare and distribute preliminary and final Official Statements of the City, to execute and deliver on behalf of the City all such other documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Project in accordance with the provisions of the Statutes and the laws of the United States. Section 12. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. Upon motion of Ald. Gould, seconded by Ald. Singh on a roll call vote it was unanimously voted to adjourn at 8:10 pm. Assistant City Clerk 18