JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH MAY 21, 2018

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1 The regular meeting of the Council of the City of Norwich was held May 21, 2018, at 7:30 PM in Council Chambers. Present: Mayor Nystrom, Ald. Nash, Gould, Philbrick, DeLucia, Burnham and Browning. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. President Pro Tem Nash read the opening prayer and Ald. Burnham led the members in the Pledge of Allegiance. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was voted to suspend the rules to add the following Ordinance for first reading introduced by Mayor Nystrom. On a vote of 6-1 with Ald. Browning voting in opposition, motion passes. AN ORDINANCE AMENDING SECTION OF ARTICLE VI OF THE CODE OF ORDINANCES REGARDING THE FUNDING REQUIREMENTS FOR THE OTHER POST- EMPLOYMENT BENEFITS FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: Section 1. This ordinance shall take effect 10 days following passage and publication and continuing in effect until June 30, 2022, unless sooner amended or repealed. This ordinance, unless sooner amended or repealed, shall be and continue to be in effect until June 30, 2022, on which date the provisions of section shall return to the original language and terms as adopted by ordinance #1710 and as existing and in effect prior to the adoption of this ordinance. Section 2. Section of article VI of the code of ordinances be and hereby is, amended as follows: Sec Contributions. (a) Generally. The city shall contribute the amount recommended by its actuary each fiscal year unless the amount varies by more than 15 percent +/- from the previous year. This variance shall be calculated by division (e.g., Norwich Public Utilities, Norwich Public Schools, Police, Fire, Volunteer Fire, and all other General City). (b) Contribution recommended by actuary is less than 85 percent of the previous year's contribution. The city shall contribute an amount equal to 85 percent of the previous year's contribution. (c) Contribution recommended by actuary is greater than 115 percent of the previous year's contribution. The city shall contribute an amount equal to 115 percent of the previous year's contribution. (d) Notwithstanding, the city, and its respective divisions, may contribute less than the amounts prescribed by subsections (a), (b), and (c) to the other post-employment benefits fund for fiscal years through

2 Purpose: To temporarily remove the funding requirements for OPEB until July 1, Upon a motion of Ald. Philbrick, second by President Pro Tem Nash it was unanimously voted to change the order of the agenda to address the Proclamation then Citizen Comment. Ald. Gould read the following proclamation: PROCLAMATION WHEREAS, Charles Whitty, a Norwich Native decided to serve the City of Norwich by becoming the City Manager from January 8, 1973 to June 30, 1986; and WHEREAS, Charles Whitty was appointed by the Norwich City Council to serve on the Norwich Golf Course Authority from 1991 to 2017, working to keep the golf course one of the gems of Norwich; and WHEREAS, Charles Whitty has served as the Housing Director of the Norwich Housing Authority from May 22, 2000 to his retirement on June 3, 2018; and WHEREAS, Charles Whitty is known for his fairness, thoroughness and following his principles while performing his duties, he is fondly known for his quick wit and astuteness when the occasion warranted a lighter moment; his work and commitment to the City of Norwich has garnered admiration, he epitomizes the Ideal Public Servant; and WHEREAS, Charles Whitty always went above and beyond, looking for the means to accomplish goals that will improve the lives of the citizens of Norwich; the Rose City is extremely thankful to him. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, WILLIAM (BILL) NASH, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby extend our most sincere gratitude to Charles Whitty for his many years of service and commitment to the Rose City and congratulate him on his well-deserved retirement. Dated this Twenty First Day of May, 2018 Peter Albert Nystrom Mayor Bill Nash President Pro Tem President Pro Tem Nash read the following proclamation: PROCLAMATION WHEREAS, Hector R. Baillargeon contributed to the Rose City when he ran for office on November 5, 1991 and served on the Norwich City Council; and WHEREAS, Hector R. Baillargeon was re-elected on November 2, 1993 and served on the Norwich City Council as the President Pro Tem; and WHEREAS, Hector R. Baillargeon served on the Ice Arena Authority and the Ice Arena Building Committee from December 12, 1992 to December 5, 1995; and 2

3 WHEREAS, Hector R. Baillargeon was appointed to the Board of Commissioners of the Norwich Housing Authority on March 22, 1996, he served in that capacity until April 12, 2018, a total of 22 years of honorable service to the City of Norwich; and WHEREAS, Hector R. Baillargeon was elected to be the Chairman of the Norwich Housing Authority on April 11, 2001 and served continuously as Chairman until April 12, 2018; and WHEREAS, Hector R. Baillargeon served on the Mohegan Park Advisory Committee from December 6, 1991 to December 5, 1995 and the Public Parking Commission from January 3, 1994 to December 31, NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, WILLIAM (BILL) NASH, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby extend our most sincere gratitude to Hector R. Baillargeon for his many years of service and commitment to the Rose City and congratulate him on his well-deserved retirement. Dated this Twenty First Day of May, 2018 Peter Albert Nystrom Mayor Bill Nash President Pro Tem Mayor Nystrom read the following proclamation: PROCLAMATION WHEREAS, Cornelio Robin Hong, M.D. after serving as a Rotating Intern at USAF Clark Air Base went on to finish his Internship at the Meriden-Wallingford Hospital and served as a Senior Resident at Hartford Hospital; and WHEREAS, Cornelio Robin Hong, M.D. completed a Fellowship in Nephrology at the University Hospital, served as a Teaching Fellow in Internal Medicine and in 1977 he set up his Private Practice in Primary Care Internal Medicine in Norwich; and WHEREAS, Cornelio Robin Hong, M.D. was commissioned U.S. Medical Corps Army Major, in July 1989 and from July 1989 to 1992 was a Major, MC of the Connecticut Army National Guard and 142 nd Medical Company (Clearing); and WHEREAS, Cornelio Robin Hong, M.D. from November 1990 to April 1991 was the Commander of the 142 nd Medical Company (CLR), U.S. Army in Saudi Arabia, Iraq and Kuwait during Operation Desert Shield and Operation Desert Storm; and WHEREAS, Cornelio Robin Hong, M.D. in 1991 was assigned Flight Surgeon of the 169 th Aviation Headquartered with Connecticut National Guard, while remaining in the U.S. Army Reserve; and WHEREAS, Cornelio Robin Hong, M.D. is a Life Member of VFW Post 594 and in was assigned National Surgeon General for the Veterans of Foreign Wars. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, WILLIAM (BILL) NASH, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby thank Cornelio Robin Hong, M.D. for all of his hard work on behalf of the City of Norwich and all Veterans. 3

4 Dated this Twenty First Day of May, 2018 Peter Albert Nystrom Mayor Bill Nash President Pro Tem 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. David Burnett, 22 Huntington Ln, Executive Director of Reliance Health, talked about taxes and tax exemption status in Norwich and stated they have never been treated the way they are currently treated. He stated they are federally recognized as tax exempt for a reason and to take the burden off the City and taxpayers. He stated all the money goes to enriching the community. Peter Leibert, Preston City, Norwich Arts Council foundering member, talked about the tax assessment to not for profit organizations. Talked about how the Arts play a critical role in the City of Norwich. Dianne Daniels, 89 Union St, talked about her use of the services of a non-profit organization. Derrell Wilson, 28 Second Ave, spoke on behalf of Cara-Lynn Turner who asked to consider all the youth in the City when spending money. Jennifer Granger, 34 East Town St, Executive Director of United Community & Family Services gave an overview of UCFS and their role in the community. Claire Silva, 120 Cliff St, Executive Director of Bethsaida Community, stated they support and house homeless women and help them focus on recovery. Theodore Phillips II, 12 Case St #207, Attorney representing Lathrop Meadows and Reliance Health, Chelsea Reliance Realty and UCFS, he talked about the non-profit charity sector and filing of the quadrennial report with the Assessor. He talked about a solution in CGS 12-81b. Greg Johnson, 16 Elm Ave, stated he is disappointed and discouraged on the taxing of non-profits and asked the City to partner with these groups. Beryl Fishbone, 19 Bliss Place, asked for the Council to think and look forward on providing services to the City. Brian Kobylarz, 16 Hobart Ave, felt that non-profits do a good job. He also talked about the NPU subsidy and talked about adding item under suspension of the rules. Rodney Bowie, 62 Roosevelt Ave, stated he wants the Veterans to stay in Norwich. Mayor Nystrom declared citizen comment closed. Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SECTIONS , , AND (c) OF ARTICLE VI OF THE CODE OF ORDINANCES REGARDING THE SIZE, USE, AND REPLENISHMENT OF THE GENERAL FUND UNRESTRICTED FUND BALANCE 4

5 Mayor Nystrom called for those speaking in favor: No one spoke. Mayor Nystrom called for those speaking in opposition: David Crabb, 47 Prospect St, asked that section permitted use unrestricted fund balance be deleted. Mayor Nystrom declared public hearing closed. Upon a motion Ald. Gould, seconded President Pro Tem Nash, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this ordinance being given it second reading. Ald. Gould motioned, seconded by President Pro Tem Nash, to adopt the ordinance below introduced by Mayor Nystrom, President Pro Tem Nash, Ald. Gould and Philbrick. AN ORDINANCE AMENDING SECTIONS , , AND (c) OF ARTICLE VI OF THE CODE OF ORDINANCES REGARDING THE SIZE, USE, AND REPLENISHMENT OF THE GENERAL FUND UNRESTRICTED FUND BALANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: Section 1. This ordinance shall take effect 10 days following passage and publication and continuing in effect until June 30, 2022, unless sooner amended or repealed. This ordinance, unless sooner amended or repealed, shall be and continue to be in effect until June 30, 2022, on which date the provisions of sections , , and (c) shall return to the original language and terms as adopted by ordinance #1710 and as existing and in effect prior to the adoption of this ordinance. Section 2. Sections , , and (c) of article VI of the code of ordinances be and hereby are, amended as follows: Sec Size of unrestricted fund balance. The city shall accumulate a UFB of not less than percent of the current fiscal year's budgeted expenditures and operating transfers. Sec Permitted uses of unrestricted fund balance. UFB may be used to absorb operating deficits caused by unanticipated, unbudgeted revenue shortfalls or expenditure overages which cannot be mitigated by utilizing the contingency appropriation. However, UFB shall not may be used in the place of normal operating revenues in the annual budget process. Sec Replenishment of unrestricted fund balance. 5

6 Should the unrestricted fund balance of the general fund, having reached the minimum level set in , fall below that minimum level, in the fiscal year following such occurrence, the city shall increase the contingency appropriation called for in according to the following schedule: (a) If the UFB is below eight percent of the current fiscal year's budgeted expenditures and operating transfers, the city shall restore UFB to the eight-percent level within two budget cycles. (b) If the UFB is greater than eight percent, but below ten percent of the current fiscal year's budgeted expenditures and operating transfers, the city shall restore UFB to the ten-percent level within five budget cycles. (c) If the UFB is greater than ten percent, but below 12 percent of the current fiscal year's budgeted expenditures and operating transfers, the city shall restore UFB to the 12-percent level within five budget cycles. Purpose: To temporarily lower the minimum size of the General Fund unrestricted fund balance to 10%, amend its allowed use, and remove the requirement to increase it beyond 10% until July 1, The above ordinance passed on a roll call vote of 7-0. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to accept the letter of resignation of Jane A. O Friel from the Board of Directors, Uncas Health District thanking her for her services. City Manager Report: To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager s Report Date: May 21, 2018 I attended two meetings for the Southeastern CT Council of Governments and the SEAT monthly meeting. The SCCOG meeting on May 7 th agenda included discussion on the Taxation of Non-Profits of which I was a participant. The meeting on May 16 th included guest speaker, State Comptroller Kevin Lembo. I attended the Public Safety Meeting and Parking Commission meetings and I attended part of the first tour of the Norwich Public Schools that was initiated by the School Facilities Committee. I also had my monthly update meeting with Bob Mills of NCDC. The annual Docent Reception was held on May 8 th. Aldermen Nash and DeLucia were in attendance along with former Alderman Tucker Braddock. My assistant, Jacquie Barbarossa arranged for Norwich Technical High School students to provide refreshments for the occasion. Thank you to the docents for volunteering and my compliments to the culinary arts students that prepared the great tasting food. The Fire Chiefs and I met on May 8 th and another meeting is scheduled for May 24th. The CCM Board of Directors meeting was held on May 15 th in Wallingford. I attended the East Great Plains Fire Department 75 th Anniversary Banquet at the US Coast Guard with the Mayor, several Council members and all the fire chiefs. 6

7 City Hall glowed with orange lights on the evening of May 19 th and displayed the Connecticut Sun s flag across the front steps in support of Operation Orange. Our participation was in support of the Mohegan s Sun basketball team home opener game on Sunday, May 20 th. My office received an today from Bill Tavares, Director of Communications & Broadcast thanking us and the 16 downtown businesses/organizations that participated. Also, thanks to John Johnson and his staff that set up the orange lights and flag. I invite you to view the City Hall photos that my assistant took and posted on the City s Facebook page. I have attached the Treasurer s Report from Mike Gualtieri for quarter ended March 31, Mayor Nystrom called for citizen comment on resolutions. Rodney Bowie, 62 Roosevelt Ave, spoke in favor of resolution #2. Theodore Phillips II, 12 Case St, urged the Council to vote in favor of resolution #4. Beryl Fishbone, 19 Bliss Place, spoke in support of resolution #4. Mayor Nystrom declared citizen comment on resolutions closed. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. RESOLVED, that the budget for Fiscal Year , as tentatively adopted on May 7, 2018, be amended by the attached Revenue Adjustments. Revenue Adjustments General Fund Revenues Budget Proposed Revised Difference between Proposed and Revised Increase in State-Owned and Colleges & Payments in Lieu of Taxes 1,601,165 1,367,326 1,452,633 85,307 Hospitals PILOTs Shared Revenues 1,978, , ,966 7,944 Increase in Municipal Stabilization Grant Notes 93,251 City Consolidation District Revenues Budget Proposed Revised Difference between Proposed and Revised Increase in Motor Vehicle tax cap Shared Revenues 552,565 69, , ,002 reimbursement 7

8 554,002 Difference between Town Consolidation District Proposed and 0 Upon a motion of Ald. Philbrick, seconded by Ald. DeLucia, it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Philbrick and DeLucia. BE IT RESOLVED that the below named be appointed as a regular member to the Rehabilitation Review Committee with a term to expire on December 5, 2019 or until a successor is appointed: H. Tucker Braddock (D) Upon a motion of President Pro Tem Nash, seconded by Ald. Burnham, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and President Pro Tem Nash. WHEREAS, the Commission on the City Plan has approved a three lot subdivision of property identified as 66 Lucas Park Road, located on the easterly side of Lucas Park Road, subject to, among other things, a conveyance to be made to the City of Norwich of 2263 square feet more or less of property located along Lucas Park Road and described on the subdivision plan as Parcel A; and WHEREAS, the owners of said property, Stuart L. Willson and Sherry L. Willson, have executed a warranty deed conveying the property described as Parcel A to the City of Norwich, the property conveyed more particularly described in Exhibit A attached to this resolution. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be and hereby is, subject to the approval of the Corporation Counsel, authorized and directed to accept said deed on behalf of the City of Norwich together with a real estate conveyance tax return and to cause said deed and any other necessary documents to be filed with the city clerk. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Nash and Ald. Gould. WHEREAS, the City of Norwich as landlord and the Chelsea Gardens Foundation, Inc. as tenant entered into a 75-year Lease commencing December 1, 1994, a copy of which Lease is recorded at volume 1212, page 003 of the Norwich Land Records; and WHEREAS, the Chelsea Gardens Foundation, Inc. proposed to create a Formal Garden on the portion of Mohegan Park land leased to it which use was supported by the Council of the City of Norwich for the positive impact it was expected to have on the quality of life for city residents and the potential to attract visitors to the city; and 8

9 WHEREAS, the Chelsea Gardens Foundation, Inc. has advised the Council of the City of Norwich that it is of the opinion it will not be able to develop and complete a Formal Garden as contemplated in the Lease on the land leased to it by the City of Norwich within the foreseeable future and has offered to enter into a Mutual Release and Lease Termination Agreement with the City of Norwich to effect a full termination and surrender of the Lease as of May 31, 2018, and to assign to the City of Norwich such documents and other materials as it has developed during its efforts on this project, including surveys, licenses, variances, if any, consents, certificates, studies, plans, reports, architectural and engineering plans and specifications that are in its possession and any permits and approvals that are capable of being assigned or transferred; and WHEREAS, in return for the Agreement to terminate the Lease at the end of May 2018, and the Assignment the City of Norwich and the Chelsea Gardens Foundation, Inc. agree to mutually release and discharge their respective obligations arising from or connected with the provisions of the Lease and all demands, charges, claims, accounts, and/or causes of action of any nature, both known and unknown, in connection with the Release; and WHEREAS, copies of the proposed Mutual Release and Lease Termination Agreement and the Assignment of Permits and Approvals are attached hereto as Exhibits A and B respectively; and WHEREAS, the Council of the City of Norwich finds that there has been a substantial change in conditions relative to the establishment of a Formal Garden in Mohegan Park which makes it in the best interest of the City of Norwich to accept the offer of the Chelsea Gardens Foundation, Inc. and terminate the Lease effective May 31, 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 Mutual Release and Lease Termination Agreement for the City of Norwich as landlord with the Chelsea Gardens Foundation, Inc. as tenant, to accept the assignment of Permits and Approvals offered by the Chelsea Gardens Foundation, Inc., and to record, deliver and exchange such documents as are necessary to terminate the Lease as a matter of public record. 9

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14 Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was voted schedule a Public Hearing, second reading an action on June 4, 2018 at 7:30 pm for the following ordinance introduced by Mayor Nystrom, said ordinance being giving its first reading. On a vote of 6-1 with Ald. Browning voting in opposition motion passes. AN ORDINANCE AMENDING SECTION OF ARTICLE VI OF THE CODE OF ORDINANCES REGARDING THE FUNDING REQUIREMENTS FOR THE OTHER POST- EMPLOYMENT BENEFITS FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: Section 1. This ordinance shall take effect 10 days following passage and publication and continuing in effect until June 30, 2022, unless sooner amended or repealed. This ordinance, unless sooner amended or repealed, shall be and continue to be in effect until June 30, 2022, on which date the provisions of section shall return to the original language and terms as adopted by ordinance #1710 and as existing and in effect prior to the adoption of this ordinance. Section 2. Section of article VI of the code of ordinances be and hereby is, amended as follows: Sec Contributions. (a) Generally. The city shall contribute the amount recommended by its actuary each fiscal year unless the amount varies by more than 15 percent +/- from the previous year. This variance shall be calculated by division (e.g., Norwich Public Utilities, Norwich Public Schools, Police, Fire, Volunteer Fire, and all other General City). (b) Contribution recommended by actuary is less than 85 percent of the previous year's contribution. The city shall contribute an amount equal to 85 percent of the previous year's contribution. (c) Contribution recommended by actuary is greater than 115 percent of the previous year's contribution. The city shall contribute an amount equal to 115 percent of the previous year's contribution. (d) Notwithstanding, the city, and its respective divisions, may contribute less than the amounts prescribed by subsections (a), (b), and (c) to the other post-employment benefits fund for fiscal years through Purpose: To temporarily remove the funding requirements for OPEB until July 1, Upon a motion by Ald. Gould, second by President Pro Tem Nash, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200(6), for the purpose of discussing the acquisition or disposition of real estate or interests in real estate when publicity 14

15 regarding the proposed acquisition or disposition would cause a likelihood of an increased price to acquire, or a diminished price to dispose of the property and to review information given the city in confidence not required to be disclosed by law. City Manager Salomone, Comptroller Joshua Pothier, Corporation Counsel, Michael Driscoll, shall be asked to participate during all or portions of this Executive Session at the request of the City Council. Ald. Burnham leaves at this time. The council was in Executive Session from 9:01 pm to 9:38 pm, at which time Mayor Nystrom, stated no votes were taken. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted 6-0 to return to regular session. Upon motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted 6-0 to adjourn at 9:39 P.M. City Clerk 15