JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH SEPTEMBER 18, 2017

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1 A regular meeting of the Council of the City of Norwich was held September 18, 2017 at 7:00 PM in Council Chambers. Present: Mayor Hinchey, Aldermen Nystrom, Philbrick, Braddock, Gould, Martin and Nash. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Hinchey presided. Ald. Martin read the opening prayer and Ald. Philbrick led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. Rebecca Melucci, 303 Mohegan Park Rd., spoke against a proposed fast food restaurant on Town Street and also expressed her frustration at the beach closing in Mohegan Park because of no lifeguards. Rodney Bowie, 62 Roosevelt Ave., wants to have some kind of noise ordinance in place in the City. David Crabb, 47 Prospect St., provided a handout of articles entitled Spend That Cash and Malloy s Failed Business Strategy is a Disaster and briefed the Council on the contents of those articles. John Blackburn, 15 Alice St., continued his comments from a previous meeting about the Tribute of America involving the Veterans. Mayor Hinchey declared citizen comment closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE APPROPRIATING $800,000 FOR THE PLANNING, ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS TO NORWICH GOLF COURSE AND AUTHORIZING THE ISSUE OF $800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE The Assistant City Clerk read the report from the Commission on the City Plan: 1

2 Speaking in favor: Bernie Caulfield, 535 New London Tpk., Chairman of the Golf Course Committee, spoke in support of this Ordinance and spoke of the need for this ordinance and called on John Paul Mereen to speak to the Council. John Paul Mereen, 22 Mediterranean Ln., Chairman of the Golf Course Water Committee, spoke about the importance of this ordinance being two fold as it will save the Golf Course money by a) using their own water for irrigation of the Golf Course and b) not using Public drinking water (last year s cost for water was nearly $100,000). Speaking in opposition: Rodney Bowie, 62 Roosevelt Ave., wanted to see a better plan for this and not just hand over $800,000 to the Golf Course. He doesn t want to see an increasing amount of debt incurred by just giving them this money. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE AMENDING SECTION 6.3 OF THE NORWICH ZONING REGULATIONS AS ADOPTED BY ORDINANCE NO ON , ENTITLED MOTOR VEHICLE SALES AND REPAIR. 2

3 The Assistant City Clerk read that the notice of this Public Hearing was published on two dates in the local Bulletin newspaper dated September 6, 2017 and September 13, 2017 for the record. The Assistant City Clerk read the report from the Commission on the City Plan: The Assistant City Clerk read the report from the DEEP: 3

4 The Assistant City Clerk read the report from the SECCOG: 4

5 Speaking in favor: Joseph Williams, attorney from Shipman and Goodwin, 1 Constitution Plaza, Hartford, CT, representative for the text amendment applicant Cumberland Farms Inc.. He submitted a photo (received at this meeting September 18, 2017 at 7:35 PM Applicant s Exhibit #1) inserted below as part of this official record, as a sample of the kind of facilities the applicant constructs. His presentation was given based upon three points: 1. No Harm in approving this text amendment nothing is being given up. The process will still go through the Commission on the City Plan for approval. 2. If this amendment goes through it gives an opportunity to revitalize a property located at a major gateway in Norwich. 3. This also would give an opportunity to promote competition and promote Economic Development, good for tax base and encourage other businesses to come in. 5

6 Shipman & Goodman Photo See Applicants Exhibit #1 Colleen Medeiros, McMahon Transportation Engineers & Planners, Taunton, MA, spoke on many points referencing information in a memo submitted by McMahon dated August 30, 2017 (received for record by the City Clerk dated September 11, 2017 Letter of Support Exhibit #2) inserted below as part of this official record. McMahon Transportation Engineers & Planners Memo See Letter of Support Exhibit #2 Matt Leidner, Civil Design Group, North Andover, MA, spoke about noise and lighting concerns stating that there is nothing that would cause anything out of the ordinary in comparison with any other retail type of business. He also addressed any type of safety concerns such as gasoline spills, gas dispenser damage and delivery of gasoline by tankers explaining that equipment and procedures are designed and are in place with safety and built in safe guards. Paul Agranovitch, New London, Universal Package store, spoke of Norwich in the days gone by of the bustling downtown and how things have changed and relating the need and this zoning regulation also needs to change. He feels if this project comes about it will be good for the tax base and for the economy. Mayor Hinchey called for a memo received from NCDC dated September 15, 2017 read by the Assistant City Clerk inserted below as part of this official record. NCDC Memo See Letter of Support Exhibit #3 Steven Cohen, Warwick, RI, property owner, 684 West Main St., stated he purchased this property to improve it and make it a viable piece of property. Speaking in opposition: Jeannie Svata, Colchester, read and submitted a memo (at this meeting September 18, 2017 at 8:10 PM Letter of Opposition Exhibit #1) inserted below as part of this official record on behalf of her parent s William & Charlotte Wildowsky, 107 Wawecus Hill Rd. Wildowsky Memo See Letter of Opposition Exhibit #1 Harry Heller, attorney from Heller, Heller & McCoy, 736 Norwich-New London Tpk., Uncasville, CT, spoke on many points referencing information submitted in a memo by the law firm Heller, Heller & McCoy, dated August 11, 2017 (received for record by the City Clerk dated August 14, 2017 Letter of Opposition Exhibit #2 and also received for record at this meeting September 18, 2017 at 8:35 PM Respondent s Exhibit #3) inserted below as part of this official record. 6

7 Heller, Heller & McCoy Memo See Letter of opposition Exhibit #2 Heller, Heller & McCoy Memo (received at meeting) See Respondent s Exhibit #3 Mayor Hinchey called for a brief recess at the request of Alderwoman Philbrick at 8:40 PM and the meeting resumed at 8:50 PM. David Spear, DLS Traffic Engineering LLC, 14 Bent Rd., Windsor, CT, spoke on many points referencing information submitted in a memo from DLS Traffic Engineering & LLC dated September 15, 2017 (received at this meeting September 18, 2017 at 8:40 PM Respondent s Exhibit #4) inserted below as part of this official record. DLS Memo See Respondent s Exhibit #4 John MacNeil, 424 Cherry Lane, Oakdale, CT, from Aldin Associates, read and submitted a memo (received at this meeting September 18, 2017 at 9:03 PM Respondent s Exhibit #5) inserted below as part of this official record. MacNeil Memo See Respondent s Exhibit #5 Paul Geraghty, Geraghty & Bonnano LLC, 38 Granite St., New London, CT, spoke on many points referencing information submitted in a memo from Geraghty & Bonnano LLC dated September 18, 2017 (received at this meeting September 18, 2017 at 8:45 PM Respondent s Exhibit #6) inserted below as part of this official record. Geraghty Bonnano LLC Memo See Respondent s Exhibit #6 Mayor Hinchey called for a memo received from Laureen Costello dated September 13, 2017 (received by the City Clerk on September 18, 2017 at 9:13 AM Letter of Opposition Exhibit #7) read by the Assistant City Clerk, inserted below as part of this official record. Laureen Costello Memo See Letter of Opposition Exhibit #7 Mayor Hinchey called for a memo received from Gary Coley dated September 18, 2017 (received at this meeting September 18, 2017 at 8:46 PM exhibit Letter of Opposition Exhibit #8) read by the Assistant City Clerk, inserted below as part of this official record. Gary Coley Memo See Letter of Opposition Exhibit #8 Mayor Hinchey called for any rebuttals. 7

8 Joseph Williams, attorney from Shipman and Goodwin, 1 Constitution Plaza, Hartford, CT, questioned why this topic is being so contested and he feels that the consumer is not being considered first on this subject. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for the second reading and action on AN ORDINANCE APPROPRIATING $800,000 FOR THE PLANNING, ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS TO NORWICH GOLF COURSE AND AUTHORIZING THE ISSUE OF $800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Upon a motion Ald. Martin, seconded Ald. Nash, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this being its second reading. Ald. Philbrick motioned, seconded by Ald. Braddock, to adopt the following ordinance introduced by President Pro Tem Nystrom, Ald. Martin and Nash. AN ORDINANCE APPROPRIATING $800,000 FOR THE PLANNING, ACQUISITION AND CONSTRUCTION OF IMPROVEMENTS TO NORWICH GOLF COURSE AND AUTHORIZING THE ISSUE OF $800,000 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 $800,000 is appropriated for the planning, permitting, and construction of a storage pond or other improvements to Norwich Golf Course including but not limited to the construction of one or more deep wells, the renovation and replacement of the irrigation system and relocation of sand bunkers, greens, or tees, clearing, drains, bridges, finishing grading and seeding, fairway and rough development, cart paths, equipment purchase, upgrades or improvements, architecture, engineering and other consultants, appurtenances and services related thereto, all or so much of any portion of any part of the foregoing as may be accomplished within the foregoing appropriation and as determined by the Norwich Golf Course Authority (the Authority ), and for administrative, advertising, printing, legal and financing costs (hereinafter the "Project"). 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 $800,000. The average estimated useful life of the Project is 20 years. The Projects is a general benefit to the City of Norwich (the City ) and its general governmental purposes. Project costs may be paid from bonds and notes issued by the City, other obligations with the Authority (including internally funded debt), or any combination of the foregoing. Section 3. To meet said appropriation $800,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth (20 th ) 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 8

9 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, 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 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 Property. 9

10 Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be 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 hank 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 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 Property 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 including but not limited to any tax credit bond, or Build America Bonds including Direct Payment and Tax Credit versions. 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 Property in accordance with the provisions of the Statutes and the laws of the United States. Section 12. That the principal and interest on any bonds, notes or other obligations (including internally funded debt) issued for the Project shall be repaid to the City by the Authority from funds in the Authority s operating budget and/or reserve accounts and any other funds available to the Authority, and that the City Council hereby authorizes the City Manager and the Comptroller to take such actions, and execute such repayment agreements, memoranda of understanding, instruments and documents with the Authority, on behalf of the City, that they deem necessary, appropriate or desirable to consummate the intendment of this Ordinance. On a roll call vote of 7-0 motion passes unanimously. 10

11 Mayor Hinchey called for the second reading and action on AN ORDINANCE AMENDING SECTION 6.3 OF THE NORWICH ZONING REGULATIONS AS ADOPTED BY ORDINANCE NO ON , ENTITLED MOTOR VEHICLE SALES AND REPAIR. Upon a motion Ald. Philbrick, seconded Ald. Braddock, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this being its second reading. Ald. Nash motioned, seconded by Ald. Martin, to adopt the following ordinance introduced by Mayor Hinchey by request. Proposed Zoning Text Amendment AN ORDINANCE AMENDING SECTION 6.3 OF THE NORWICH ZONING REGULATIONS AS ADOPTED BY ORDINANCE NO ON , ENTITLED MOTOR VEHICLE SALES AND REPAIR. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT Section 6.3 of the Norwich Zoning Regulations as adopted by Ordinance No on , entitled Motor Vehicle Sales and Repair, is hereby amended as follows: Garages and Filling Stations, Motor Vehicle Sales and Repair. Where authorized, garages and filling stations, motor vehicle sales and repair shall have the following additional requirements: Certificate of approval of location for dealing and/or repairing of motor vehicles, and/or for gasoline and motor oil sales. No certificate of approval shall be issued unless the Commission finds, after conducting a public hearing in accordance with section of these regulations, that the location is suitable for the use intended, with due consideration having been given to the proximity of schools, churches, intersecting streets, traffic conditions, width of highway and the effect of public travel, and that such location will not imperil the safety of the public..1 No new garages for the repair of motor vehicles as a primary activity, or a new gasoline filling station, either as a primary or secondary activity, shall be erected near any building or lot used for such purpose on any part of a lot within 1,000 feet on a straight line measurement from the nearest portion of any lot used or proposed to be used for the within stated purposes..2 No gasoline pump or filling appliance shall be located within 25 feet of any lot line Public hearing. In accordance with CGS and/or CGS , the Commission on the City Plan shall hold a public hearing within 65 days of receipt of application for a certificate of approval or of location. Notice of time and place of the hearing shall be published in a newspaper having a general circulation in the City of Norwich at least twice, at intervals of not less than two days, the first not more than 15, nor less than ten 11

12 days, and the last not less than two days before the date of the hearing. Notice shall be sent by certified mail to the applicant of not less than ten days before the date of the hearing informing the applicant of the date and time of the scheduled public hearing. The decision on such certificate of approval shall be rendered within 65 days of the hearing. The applicant may consent to one or more extensions of any period specified in this section, provided the total extension of any such period shall not be for longer than the original period as specified in this section. Notice of the decision shall be published in a newspaper having a general circulation in the City of Norwich and sent by certified mail to the applicant within 15 days after the decision has been rendered. The reasons for granting or denying such application shall be stated by the Commission on the City Plan Misrepresentation or fraud. If it is ascertained that a certificate of approval was procured by misrepresentation or fraud, the Commission may, after a hearing, revoke the certificate. Notice of revocation of the certificate of approval should be forwarded to the commissioner of the department of consumer protection Fee. All applications for a certificate of approval of location shall be accompanied by a fee of $ to cover the costs of publication and the expenses of the hearing. Said fee shall be paid at the time of filing the application. AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that this ordinance shall become effective ten (10) days after its publication. On a roll call vote of 5-2 motion passes with Ald. Gould and Ald. Philbrick voting in opposition. Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to receive the report from the Commission on the City Plan of the City of Norwich, pursuant to Section 8-24 of the General Statutes and Chapter XV, Section 4 of the Norwich City Charter, an ordinance appropriating $800,000 for the planning, acquisition and construction of improvements to Norwich Golf Course and authorizing the issue of $800,000 bonds of the city to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose. Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to receive the report from The Commission on the City Plan of the City of Norwich, pursuant to Section 8-24 of the General Statutes and Chapter XV, Section 4 of the Norwich City Charter, An Ordinance Amending the Zoning Ordinance of the Town of Norwich By Permitting in regards to amending section 6.3 of the Norwich Zoning Regulations AS adopted by Ordinance No ON , entitled Motor Vehicle Sales and Repair. Upon a motion of Ald. Martin, seconded by Ald. Nash, it was unanimously voted to receive the report from CT Department of Energy & Environmental Protection regarding the proposed text amendment to local Zoning Regulation: regards to amending section 6.3 of the Norwich Zoning Regulations. 12

13 Upon motion of Ald. Philbrick, seconded by Ald. Braddock, it was unanimously voted to receive the report from Southeastern Connecticut Council of Governments regarding the proposed text amendment to local Zoning Regulation: regards to amending section 6.3 of the Norwich Zoning Regulations. Upon motion of Ald. Philbrick, seconded by Ald. Braddock, it was unanimously voted to receive the memo from Joshua Pothier, Update on Motor Vehicle Bill Delay. City Manager s Report: To: From: Subject: Mayor Hinchey and members of the City Council John Salomone, City Manager City Manager s Report 13

14 Date: September 18, 2017 The Mayor and I have met twice several times in the past 2 weeks. We met with Robert Red McKeon of Occum per his request regarding a resolution for a park in Occum. I attended the Regional Emergency Management Team CEO meeting at South Eastern Ct Council of Governments for their annual budget presentation on September 6th. I attended the CCM Legislative meeting in Wallingford on September 7 th. The agenda included the State Budget Update and discussion concerning CCM and municipal approach to advocacy in I also met with Corporation Council and staff regarding the motor vehicle tax bills that are to be sent in October. A flu clinic was held on September, 12 th at City Hall with 24 employees participating. To date 71 employees have been vaccinated at clinics held at City Hall, Police and Fire Department. The Fire Department has 2 more clinics scheduled in September. Thank you to Sue Dubb, Public Health Nurse from Uncas Health for providing this service to our employees. Staff and I meet with five finalists to manage our Debt Program Municipal Advisory Services. Final interviews will be held on September 20th. Over the weekend I had the pleasure of attending the 134 th Annual CT State Firefighter Association Convention & Parade. I attended the Firefighter Convention Meeting at Kelly Middle School on Saturday, September 16 th where the Mayor addressed the Officers, State and Federal Legislators and invited guests. On Sunday, I enjoyed the parade from the reviewing stand. It was inspiring to see the firefighters and the fire trucks from across the state that participated. Thank you Chairman, Gregory Schlough and his team for bringing this event to Taftville. I have appointed Kathryn Crees, as Community Development Supervisor. Kathy previously worked in the Community Development Office for 13 years, leaving in She will rejoin the City on Tuesday September 19 th. The RFP for the sale of 80 Broadway and the adjoining parking lot has been posted to the City s website, the CT Department of Administrative Services and Facebook. The property will be available for viewing from 4:30 to 5:30 pm September 25 th - 28 th and on October 2 nd and 3 rd. My assistant has contacted the various departments and agencies to have handouts and business cards for potential buyers available during the site walk thru. I have the Key Financial Indicators Treasurers Report from Josh Pothier for your review. This report has been done for the 2 months ending August 31 st and eight months ending February 28/29 th each year to coincide with the major tax collection and storm season. Mayor Hinchey congratulated Catholic Charities for their national accreditation for providing the best service possible. 14

15 Mayor Hinchey called for citizen comment on resolutions. There being no speakers, citizen comment on resolutions was closed. Upon a motion of Ald. Gould, seconded by Ald. Martin, it was unanimously voted to amend the following resolution introduced by Mayor Hinchey to add a public hearing date of October 2, Upon a motion of Ald. Gould, seconded by Ald. Martin, it was unanimously voted to adopt the following amended resolution introduced by Mayor Hinchey. WHEREAS, The Council of the City of Norwich will introduce an ordinance to opt out of the provisions of subsection (a) of section 8-2 of the General Statutes, as amended by Public Act concerning temporary health structure; and WHEREAS, Public Act requires the council as the city s Zoning Commission to hold a public hearing in accordance with the provisions of section 8-7d of the General Statutes on its proposed opt-out before taking action; and WHEREAS, to comply with this requirement the council will introduce a resolution to be acted upon by it as the city s zoning commission prior to taking action on opting out. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that it schedule a public hearing for October 2, 2017 to receive public comment concerning the resolution regarding on opt out from the provisions of Public Act which resolution will thereafter be considered and possibly acted upon by the council. Ald. Gould motioned, seconded by Ald. Braddock, to refer the following resolution introduced by Ald. Gould to the Commission on the City Plan, and postpone action until October 2, Upon a motion of Ald. Martin, seconded by Ald. Gould, it was unanimously voted to accept the above motion. WHEREAS, the General Assembly of the State of Connecticut in 2017 passed, and the Governor signed into law, Public Act , amending among other provisions subsection (a) of section 8-2 of the Connecticut General Statutes, thereby requiring a municipality to allow temporary healthcare structures in certain residential zoning districts as defined therein; and WHEREAS, Public Act aims to overrule local regulation, including but not limited to, local zoning regulation, of temporary healthcare structures, but allows municipalities to opt out of the provisions of Public Act and the amendment it makes to provisions of subsection a of section 8-2 of the General Statute by action of the municipal Zoning Commission and the municipal Legislative Body, both the Council of the City of Norwich in the case of Norwich; and WHEREAS, the Council of the City of Norwich has referred this resolution and a proposed ordinance opting out of the provisions of Public Act to the Norwich Commission on the City Plan for its consideration as to consistency with the Norwich plan of conservation and development; and 15

16 WHEREAS, the Council has reviewed the provisions of Public Act with the aims and stated intent of the city s zoning regulations. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that it, acting as the city zoning commission, declares its affirmative decision to opt-out of the provisions of Public Act , including any amended provisions to subsection (a) of section 8-2 of the General Statutes which may require a municipality to allow installation of temporary healthcare structures as defined therein; and BE IT FURTHER R RESOLVED THAT THE COUNCIL OF THE CITY OF NORWICH as ZONING COMMISSION bases this decision and declaration on multiple factors including (1) the density of occupation and concentration of structures in many of Norwich s residential districts (2) the incompatibility of temporary healthcare structures within the Norwich Historic Districts and residential neighborhood which have been designated as historic or are eligible for such a designation (3) Norwich s large number of multi-family housing units and affordable housing options suitable for providing temporary, affordable housing options for individuals likely to be served pursuant to Public Act (4) the failure of Public Act to provide the Council of the City of Norwich, the Zoning Commission and the people of the City of Norwich with enough flexibility to regulate temporary healthcare structures in a way that is compatible with the goals of the Norwich Zoning Regulations and the Plan of Conservation and Development, (5) the small number of zoning enforcement personnel available to the City of Norwich whereby it may be difficult if not impossible to assess whether a particular temporary healthcare structure actually complies with the provisions of Public Act AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that by adoption of this resolution the Council of the City of Norwich as the legislative body of the City of Norwich votes to opt out of the provisions of this law, and also to consider amending its zoning regulations to include as a prohibited use temporary healthcare structures pursuant to the amendments made to the General Statutes by Public Act with the recognition that such provision shall not be valid and effective until the Council of the City of Norwich as legislative body of the City of Norwich also holds a vote to opt out of the provisions of Public Act ; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH and ZONING COMMISSION that the city clerk be directed to publish notice of the passage of this resolution having substantial circulation in the City of Norwich not later that fifteen (15) days after this Resolution has been adopted. Upon a motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Gould. Relative to extending the delay in hiring of certain positions and postponement of layoff of employees funded by the general fund until November 1,

17 WHEREAS, the budget for Fiscal Year adopted on June 12, 2017 includes the elimination of positions; and, WHEREAS, the City of Norwich has positions which are currently vacant; and, WHEREAS, the City of Norwich receives over 30% of its general fund operating revenue from municipal aid from the State of Connecticut; and, WHEREAS, the Connecticut General Assembly has not yet adopted the State of Connecticut s biennial budget; and, WHEREAS, Connecticut House Bill 7294, if adopted, would allow a municipality to amend its budget for the fiscal year ending June 30, 2018 if it adopted its budget prior to the adoption of the state budget and such municipality receives, pursuant to such adopted state budget, a different amount of state aid than that projected in the municipality s adopted budget; and, WHEREAS, the Council of the City of Norwich recognizes it is desirable to maintain continuity in the staffing of the departments of the City of Norwich by avoiding the implementation of layoffs in the event that municipal aid from the State of Connecticut exceeds the amounts estimated in the budget adopted by the City of Norwich on June 12, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that all layoffs from positions funded by the general fund be postponed until November 1, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the following positions which are currently vacant and funded in the budget for Fiscal Year , as adopted on June 12, 2017, shall remain vacant until November 1, 2017: One Police Officer Police Department Recreation Director Recreation Blight Control/Housing Enforcement Officer Planning & Neighborhood Services Department BE IT ACKNOWLEDGED BY THE COUNCIL OF THE CITY OF NORWICH, that although the postponement of layoffs and delay of filling of vacant positions is likely to have a neutral or positive net budgetary impact on the general fund budget for Fiscal Year , these actions may necessitate budget transfers among departments later in the fiscal year. Upon a motion of Ald. Martin, seconded by Ald. Gould, it was unanimously voted to refer the following ordinance introduced by Mayor Hinchey to The Commission on the City Plan and set a public hearing on October 2, 2017, 7:30 pm and for the second reading and action. AN ORDINANCE TO OPT OUT OF THE PROVISIONS OF SUBSECTION (a) OF SECTION 8-2 OF THE GENERAL STATUTES, AS AMENDED BY PUBLIC ACT CONCERNING TEMPORARY HEALTH STRUCTURES. 17

18 WHEREAS, Connecticut Public Act , effective October 1, 2017, amends the provisions of subsection (a) of section 8-2 of the General Statutes to authorize the installation of temporary health care structures in certain residential zoning districts; and WHEREAS, a municipality, by vote of its legislative body may opt out of the provisions of Public Act and the provisions of subsection (a) of section 8-2 of the General Statutes, as amended by Public Act , provided the zoning commission or combined planning and zoning commission pursuant to Public Act (j), (1) first holds a public hearing in accordance with the provisions of section 8-7d of the General Statutes on such proposed optout, (2) affirmly decides to opt out of the provisions of said sections within the period of time permitted under section 8-7d of the General Statutes, (3) states upon its records the reasons for such decision, and (4) publishes a notice of such decision in a newspaper having substantial circulation in a municipality not later than 15 days after such a decision has been rendered; and WHEREAS, the Council of the City of Norwich serves both as the zoning commission and legislative body and for the City of Norwich; and WHEREAS, the Council of the City of Norwich, as zoning commission of the City of Norwich, has complied with the requirements of section (j) of Public Act prior to acting upon this ordinance. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that pursuant to section (j) of Public Act the City of Norwich opts out of the provisions of Public Act concerning temporary health care structures and the provisions of subsection (a) of section 8-2 of the General Statutes as amended by Public Act for the reasons expressed in a Resolution adopted by the Council of the City of Norwich acting as zoning commission on October 2, 2017, a copy of which is attached hereto Upon motion of Ald. Gould, seconded by Ald. Nash, it was unanimously voted to adjourn at 10:02 pm. ASSISTANT CITY CLERK 18