City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 The regular meeting of the Council of the City of Norwich was held February 3, 2025 at 7:30 PM in Council Chambers. Present: Mayor Nystrom, President Pro Tem DeLucia, Ald. Singh, Ald. Gould, Ald. Bettencourt, Ald. Hayes and Ald. Nash. City Manager John Salomone, Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Ald. Hayes, read the opening prayer and Ald. Pres. Pro Tem DeLucia led the members in the Pledge of Allegiance. Mayor Nystrom called for a moment of silence for the recent aircraft tragedies in our country. Mayor Nystrom read the following proclamation for the record. PROCLAMATION WHEREAS, each year during the month of February, we celebrate Black History Month to broaden our knowledge and deepen our appreciation of the countless contributions African-Americans have made to our nation; and WHEREAS, while the celebration of our multi-ethnic heritage should be a year-round commitment, the designation of the month of February as Black History Month affords us the opportunity to highlight past and present African-American culture; and WHEREAS, since its inception in 1976, Black History Month has grown to become a celebration of culture and diversity that fosters appreciation of the struggles and achievements of our African-American population through the decades; and WHEREAS, the theme of Black History Month 2025 is “African Americans and Labor” which highlights the many impacts Black Americans have had on the workforce in America; and WHEREAS, this month we remember the singers, actors, and poets and artists who left their mark on our culture, and the countless African-Americans from all walks of life who helped make our country great. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, JOSEPH A. DELUCIA, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby proclaim the month of February, 2025 as BLACK HISTORY MONTH in the City of Norwich and call upon the citizens of the Rose City and the surrounding area to observe the occasion with appropriate programs, ceremonies and activities. Dated this Third Day of February, 2025 Peter Albert Nystrom Joseph A. DeLucia Mayor President Pro Tem 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 Mayor Nystrom called for the following public hearing on AN ORDINANCE REGARDING THE PROHIBITION OF PANHANDLING, SOLICITATION AND OTHER ACTIVITIES FROM LOCATIONS DEEMED UNSAFE. Norman Gauthier, 105 Cranberry Pond Rd., spoke in opposition of the ordinance. He feels this is just an effort to hide the problem. These people need help and are not causing problems. This ordinance is poorly written and unjust. David Addis, 109 Whittington Ave., doesn’t feel there is any help with the homelessness problem. There is no respect for the homeless. Common sense needs to prevail. Daniel Addis, 109 Whittington Ave., feels nobody helps homeless people. It’s easy to put a ban on these people but that is not the solution to the problem. This ordinance is a farce, it is a joke. Pietro Camardella, 79 Lambert Dr., stated that this is against the constitution with regard to freedom of speech. It is unconstitutional to prevent these people from being out there. Larry Rice, 41 Will Rd., has compassion for the homeless and doesn’t really know if this is a good or bad idea. He does want help for them. Upon a motion of Ald. Bettencourt, seconded by Ald. Gould, on a roll call vote it was unanimously voted to waive the reading of the full text and incorporate into the minutes this ordinance being given its second reading and action introduced by Ald. Bettencourt and Ald. Nash. Upon a motion of Ald. Bettencourt, seconded by Ald. Gould, the following ordinance was adopted on a roll call vote of 4 to 3. With Ald. Nash, Pres. Pro Tem DeLucia and Mayor Nystrom voting in opposition. AN ORDINANCE REGARDING THE PROHIBITION OF PANHANDLING, SOLICITATION AND OTHER ACTIVITIES FROM LOCATIONS DEEMED UNSAFE PURPOSE The purpose of this section is to preserve the public order, to protect the citizens of Norwich and to ensure the safe and uninterrupted passage of both pedestrian and vehicular traffic, without unconstitutionally impinging upon protected speech, expression or conduct. DEFINITIONS For purpose of this chapter, the following terms shall have the meanings indicated: 1. Ask, Beg, or Solicit Alms includes the spoken, written, or printed word or such other act conducted for the purpose of obtaining an immediate donation or money or thing of value. 2. Panhandle includes asking, begging, or soliciting alms. 3. Unsafe Location means any roadway or roadway medians, including areas immediately adjacent to the roadway or roadway median, that have been designated by the traffic authority as a place where the presence of pedestrians is hazardous to the safe travel of persons or traffic. PROHIBITED LOCATION 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 No person may panhandle or conduct any other activity from an unsafe location, as defined herein. The traffic authority or designee shall submit the list of the unsafe locations, which list may be revised from time to time as circumstances warrant, to the Town Clerk, which list shall be posted in City Hall and on the City’s Website. INTERPRETATION OF PROVISIONS 1. No provision of this chapter shall be interpreted or construed to prohibit speech, expression or conduct protected by the laws or Constitution of the United States or the laws or Constitution of the State of Connecticut. 2. No provision of this chapter shall be interpreted or construed to prohibit the installation, construction, repair and/or maintenance of roadways, roadway medians, or utilities located above, upon or beneath such roadways,. Roadway medians or areas immediately adjacent thereto. PENALTIES FOR OFFENSES 1. Upon a finding that a person is in violation of any provision of this ordinance, a written warning shall be issued. 2. Upon a finding of a second and subsequent violation of any provision of this ordinance, a fine of $99 shall be imposed and the violation shall be deemed to be an infraction. RESERVED This section is reserved for future use. Upon a motion of Ald. Gould, seconded by Ald. Nash, on a roll call vote it was unanimously voted to accept the minutes from the January 6, 2025 and January 21, 2025. David Flint – representative from CliftonLarsonAllen LLP gave a presentation of the FY 2023. CLA Audit Presentation Report An oral report was given by David Eggleston the Rate Payer Representative for Connecticut Municipal Electric Energy. This report is my summary of the most significant events that occurred over the past year with CMEEC and CMEEC’s performance from my perspective as the Norwich Ratepayer Representative on the CMEEC Board of Directors. Overall, CMEEC continues to serve our best interests with lowest reasonable cost electricity and with transparency in operations and decision making. CMEEC’s mission CMEEC’s stated mission is provide reliable, sustainable and cost-effective energy solutions to meet the evolving needs of its members and stakeholders through joint action, public power advocacy and leveraging benefits of scale. CMEEC predominantly purchases wholesale electricity on behalf of six municipal electric utilities in Connecticut. CMEEC has assets that generate electricity in strategic niches which are intended to lower the cost of electricity to the member utilities. CMEEC also purchases electricity to supply a number of large consumers like the Mohegan Tribal Authority, Electric Boat Corporation, Pfizer, and others. Ratepayer Representative 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 Connecticut State law established (in October 2017) the ratepayer representative role and required that the ratepayer representative not be a utility employee or utility professional, and that other qualifications are set by the municipality they represent. Our Norwich ordinance (1762) requires the representative to be without conflicts of interest, be a professional or otherwise able to be of assistance to the Board, and be able to make the commitment to the Board. In my capacity as a Board member, I am equal to any other Board member except on decisions involving how the member utilities choose to financially support or invest in projects. The utility heads make those decisions. I am invited to meetings where those kinds of decisions are made. Those discussions and decisions are fully transparent to me. My mission continues to be to understand and challenge how CMEEC makes decisions and how CMEEC functions for the benefit of member utilities and ratepayers. Most importantly, I want to know that CMEEC performance results in reliable electricity at the lowest reasonably achievable cost. Most of the work done by the Board is done at the committee level. This past year I served all five of the five standing committees: Audit, Budget, Legislative Affairs, Risk Management, and Governance. I had 34 meetings scheduled for me to attend last year of which I attended all but two. My employer continues to allow me to balance my commitments to them and to the Ratepayer role. Every Board member has access to every committee’s meeting materials and can attend any committee meeting they want. And I read the meeting materials and minutes from every meeting whether I attend or not. CMEEC is very good about providing meeting materials in advance of meetings. They execute a deliberate strategy of informing to avoid surprising Board members. Cost Performance CMEEC continued to procure wholesale electricity and deliver it to the member utilities at a rate significantly below the benchmark. This year’s winter wholesale electricity market has been less volatile than the prior two years but we still see some high prices in the forward markets. CMEEC has made some refinements to their modeling of electric loads and the result enables CMEEC to advantageously procure electric power through the ups and downs of the electric energy markets. CMEEC used its assets to produce electricity in niche applications to further improve their cost performance compared to the benchmark. CMEEC has performed similarly well for years. Every project pro forma gets reviewed every two years which result in strategic and tactical changes in the project plans. CMEEC does not assume a project that appears to be doing fine can be counted on to remain financially viable. It’s notable that CMEEC renegotiated its power purchase agreement with Tesla for the solar garden which results in about $1 million in annual savings. The system has not been performing as intended and there have been maintenance issues. CMEEC put effort into building compelling rationale with excellent evidence that ended up moving Tesla to agree. Tesla did not have to respond at all, but CMEEC made it happen. We track CMEEC’s performance on the electricity rate primarily in two ways. We compare their wholesale rate with a regional benchmark, which is Eversource, and we compare their actual electricity cost against their forecasted electricity cost. Like last year, CMEEC electricity cost ended up more than 35 percent below Eversource and a few percent better than the forecast. I continue to be impressed by CMEEC’s cost performance and modeling capability. Budget and Finance The budgeting process continues to be an education in CMEEC accounting processes and practices. This year, the Budget and Finance Committee reviewed a new policy on a five-year financial plan. There are extensive metrics used to assess financial health. Those metrics show CMEEC operates according to a relatively risk-averse plan which is appropriate for entities like CMEEC. As in prior years, the 2025 draft budgets reviewed and discussed at committee meetings were detailed and presented with rationale. Every line item in the budget gets scrutiny. No line item is an 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 automatic carry-over. Rationale for changes is always discussed. CMEEC staff continues to exhibit cost-conscious behavior. The annual external financial audit resulted in an "unmodified opinion"; the highest rating available. Fitch Ratings performed its review of CMEEC which resulted in a positive report and no change to CMEEC’s credit rating. Legal Issues It’s public knowledge that the criminal trial against the former CMEEC CEO resulted in convictions. The penalties include restitution and incarceration. We still have the issue of recovering legal expenses from the provider of Directors and Officers insurance. None of this interferes with normal business at CMEEC. Legislative Affairs This past year was the second year in Connecticut’s biennium budgeting and legislative process. No legislation affecting CMEEC or ratepayers was passed in last year’s short session. This year, we are monitoring at least have a dozen topics, one of which is SB-4 “An Act Concerning Energy Affordability, Access, and Accountability”. Its purpose is to improve service and reduce costs for electricity ratepayers. I just want to remind the Council that we always have a concern that legislation will be written directed at major energy producers that inadvertently does not serve or even disadvantages smaller entities like CMEEC and its member utilities. In recent years, the State has been good about soliciting and paying attention to industry input to proposed legislation. CMEEC is prepared to engage as needed. Audit CMEEC undertook a self-audit of compliance with ISO 27001 Cybersecurity. The result was an improved understanding of actual risks and a re-balancing of cybersecurity measures more aligned with those risks. All risks ultimately equate to costs that are passed on to ratepayers. The net result of this self-audit is that the right amount of effort and money is put into cybersecurity measures. Compliance with the ISO standard also ensures continual re-evaluation to account for ever-evolving risks. CMEEC also completed an insurance and risk management review – again, risks can mean costs passed on to ratepayers. Insurance premiums are a significant portion of the non-fuel operating budget. The result was minor tweaks, some reductions, some increases. And despite our experience with D&O insurance, ironically, we concluded it was appropriate reduce that coverage. Strategic Plan The current strategic plan is about five years old. It needs an update. And we plan to devote time and energy into developing and issuing a new strategic plan this coming year. The existing strategic plan has been worked and consulted continually since its adoption. It is not shelf-ware. I was fairly new to CMEEC when the current plan was developed and I don’t think I contributed much to it. I am in a much better position this time around because of the education I’ve gotten on the Board over the last five years. It continues to be true that at CMEEC, we have a desire to be proactive in converting to decarbonized power sources, and that desire is balanced by MEU and ratepayer unwillingness to be too far out in front of industry changes. Too far out in front can mean expensive. I will work to ensure that the new strategic plan provides confidence that ratepayer interests in low-cost electricity are protected. Summary 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 In my opinion, CMEEC consistently keeps their commitment to deliver the lowest reasonable cost electric power. They consistently operate with transparency and accountability at the Board level. I continue to observe cost-conscious behavior in the CMEEC staff and CEO. And CMEEC is actively preparing for the future. Upon a motion of Ald. Gould, seconded by Ald. Hayes, on a roll call vote it was unanimously voted to accept the following petition and communication. Commission for Persons with Disabilities Annual Report 2023 Draft The Commission was able to meet two times this year. Eleven meetings were canceled due to the inability to meet the quorum. The Commission currently has three members. They have not been able to meet since the Chairperson resigned in May, due to lack of quorum. They need at least 4 members at each meeting to meet the quorum. Currently the commission has no chairperson and four vacancies. All meetings are cancelled until more volunteers join the Commission and help their community. (Received via email to Clerk’s Office on 1/1/2024 from Ivery Stakley) City Manager’s Report. To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: February 3, 2025 Meetings attended were CIRMA Annual Member Meeting, NCDC Executive Board of Directors meeting, NPU-City Coordination meeting, and City Department Head Meeting. I also held panel interviews for a new Fire Chief since our current Fire Chief Tracy Montoya will be retiring this month. Tracy started his fire career in October 1991, and we thank him for his service and congratulate him on his retirement. The City Council Goal Setting informational workshop was held at Foundry 66 on Saturday, January 25th for the City Council and invited department heads. The session was moderated by Donna Hamzy Carroccia from the Connecticut Conference of Municipalities (CCM). Short-, mid- and long-term goals were prioritized in five categories outlined in the Plan of Conservation and Development (POCD): Live, Play, Connect, Grow, and Renew. The report was sent to the Council Members and departments and will be posted on the City Manager’s page of the website at www.norwichct.org. As you may have heard, there has been a potential federal funding freeze for grant recipients. We have advised department head staff to verify their funding status and to communicate with their contractors and vendors and various agencies to verify any sequester of funding or a delay or 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 suspension. Early communication allows contingency planning and minimizes disruptions. As the situation evolves, we will recommend continued actions to staff. Based on revenue shortfalls for the 2025-2026 budget, City Comptroller, Josh Pothier and I sent a memo to all Department Heads and Fire Chiefs to proactively control costs. Included where requests for new personnel, overtime funded by taxpayers unless required for protecting life or property, additional services for events, travel and lodging unless paid for by grant, no food, drink or meal purchases unless required by a bargaining unit contract or in relation to Federal, State or locally declared emergencies among other cost saving measures. Norwich Youth, Family, and Recreation's Kindness Pantry is a community-driven initiative that provides essential items—such as toiletries, canned goods, and diapers—at no cost to those in need. They are working to expand its reach across the city by partnering with local organizations and community members to place additional pantries in underserved areas, ensuring more individuals have access to these vital resources. Norwich Human Services would like to remind Norwich Residents to make Utility payments throughout the winter. Every little bit helps prevent May shut offs, and any small payment counts towards eligibility for local and regional Utility Assistance Programs. The Rose City Senior Center will continue to be a Warming Center during business hours upon the Governor’s Cold Weather Protocol activation. ` Mayor Nystrom called for citizen comment on resolutions. There being no speakers, Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Singh, seconded by Ald. Gould, 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 Fourth Substantial Amendment to the City of Norwich’s Annual Action Plan and budget for FY 2019-2020 to recapture and reallocate $135,000 of CDBG-CV Cares Act funds; and WHEREAS, the Community Development Advisory Committee (CDAC) has held public meetings and voted on their recommendations for CDBG-CV allocations in the month of November; and WHEREAS, the allocation process is subject to a 30-day comment period prior to being placed into effect and the Council of the City of Norwich must hold a public hearing regarding the recommendations prior to the final vote on the allocation. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council shall and hereby does schedule a public hearing to be held at 7:30 p.m. during the February 18, 2025 Council meeting on the subject of Community Development Block Grant CV substantial amendment allocation. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 CITY OF NORWICH-CDBG - CV Request (2024-2025) PY45 Substantial Amendment #4 CDBG-CV $ 135,000.00 CDAC Council CDBG-CV Request Recommendation Recommendation Public Services Madonna Place -Family Support Center $ 25,000.00 $ 25,000.00 TVCCA Homelessness Prevention $ 20,000.00 $ 24,222.00 Safe Futures - Ventilation System (Katie Blair House) $ 14,125.00 $ - St. Vincent de Paul Place Norwich, Inc. $ 62,000.00 $ 62,000.00 Thames River Community Service - Fostering Growth and Safety $ 23,778.00 $ 23,778.00 Total Public Services $ 144,903.00 $ 135,000.00 $ (135,000.00) Upon a motion of Ald. Nash, seconded by Ald. Hayes, 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 recognizes the need and the potential for increased park and recreational areas in the City of Norwich; and WHEREAS, Foot of Fifth, Inc.is the owner of and has offered to convey to the City of Norwich a certain parcel of land known as Fifth Street End of Canal, located in Greeneville on the west bank of the Shetucket River, the parcel more particularly described in Schedule A attached hereto; and WHEREAS, through negotiation, City Manager John Salomone on behalf of the City of Norwich and Foot of Fifth, Inc. reached an understanding whereby the City will purchase the property at Fifth Street End of Canal from Foot of Fifth, Inc. for a price of $1.00 paid to Foot of Fifth, Inc. and Foot of Fifth, Inc. will pay the City of Norwich the sum of $800,000.00 to offset sums owed as a consequence of any liens or encumbrances including a lien or other encumbrances owed to the State of Connecticut and encumbering all or portions of the property with the City to accept the property in as is condition. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone, be and hereby is authorized and directed to enter into a Purchase and Sales Agreement if he finds such necessary and if satisfactory to him with Foot of Fifth, Inc. to acquire said property for $1.00 with the payment to the City of Norwich by Foot of Fifth, Inc. of the sum of $800,000, a portion of which will be paid by the City of Norwich to the State of Connecticut to satisfy an existing encumbrance; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone, be and hereby authorized and directed to receive and record a Quitclaim deed of conveyance to the City of Norwich of the property at Fifth Street End of Canal satisfactory to him and receive, execute, and deliver such other documents and payment to the State of Connecticut as are necessary to complete the transaction. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH February 3,2025 Upon motion of Ald. Gould, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to adjourn at 9:09pm. City Clerk 10