AGENDA MEETING OF THE COUNCIL OF THE CITY OF NORWICH March 6, :30 PM

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1 AGENDA MEETING OF THE COUNCIL OF THE CITY OF NORWICH March 6, :30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: February 6 and 21, 2017 PROCLAMATION: Norwich Arts Center PUBLIC HEARING 1. AN ORDINANCE AMENDING SEC OF THE NORWICH CODE OF ORDINANCES TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES ON SUNDAYS COMMENCING AT 11:00 AM SECOND READING AND ACTION ON THE PROPOSED ORDINANCE LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Letter of appreciation regarding the Norwich Fire Fighters. 2. Ethics Commission finding and recommendations, complaint Boisclair. 3. Ethics Commission finding and recommendations, complaint Groner. 4. Ethics Commission finding and recommendations, complaint Hinchey. 5. Ethics Commission finding and recommendations, complaint Bilda. 6. Ethics Commission finding and recommendations, complaint Sinko. CITY MANAGER S REPORT CITIZENS COMMENT ON RESOLUTIONS

2 NEW BUSINESS-RESOLUTIONS 1. Relative to the sale of beer & wine at Rock the Docks 2017 concert series at Howard T. Brown Park. 2. Relative to authorizing the sale of beer and wine at The Taste of Italy food festival to be held September 9, Relative to holding the Carnival hosted by the Norwich Noontime Rotary on Chelsea Parade. 4. Relative to re-appointments of regular and alternate members to the Zoning Board of Appeals. 5. Relative to direct John Salomone to issue an RFP seeking interesting parties to stabilize and develop the Reid & Hughes property. 6. Relative to transmitting reports received from the Ethics Commission to the Board of Public Utilities Commissioners with a request the Board delay holding its organizational meeting. NEW BUSINESS-ORDINANCES 1. AN ORDINANCE AMENDING SUBSECTION OF THE NORWICH CODE OF ORDINANCES, WATERFRONT DEVELOPMENT DISTRICT, WD., ZONING PERMIT REQUIRED, TO ADD CUSTOMER SERVICE ESTABLISHMENTS AS A USE PERMITTED IN THE WATERFRONT DEVELOPMENT DISTRICT FOR WHICH A ZONING PERMIT IS REQUIRED 2. AN ORDINANCE REPEALING SECTION 3.4 FLOODPLAIN/FLOODWAY OVERLAY OF THE NORWICH CODE OF ORDINANCES IN ITS ENTIRETY AND ADOPTING A NEW SECTION 3.4 FLOODPLAIN/FLOODWAY OVERLAY 3. AN ORDINANCE AMENDING THE NORWICH CODE OF ORDINANCES BY REPEALING THE SECTION ENTITLED FLOOD RELATED TERMS IN ITS ENTIRETY AND ADOPTING A NEW SECTION FLOOD RELATED TERMS - City Clerk

3 PUBLIC HEARING #1 AN ORDINANCE AMENDING SEC OF THE NORWICH CODE OF ORDINANCES TO PERMIT THE SALE OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES ON SUNDAYS COMMENCING AT 11:00 AM WHEREAS, ordinance was amended in 1982 to permit any establishment in the city operating under a liquor permit allowing the consumption of liquor on the premises to open for the sale of alcoholic beverages on Sunday at the hour of 12:00 noon pursuant to C.G.S as it had been amended; and WHEREAS, Connecticut General Stature has been amended to permit such establishments to sell alcoholic beverages for consumption on the premises on Sundays commencing at 11:00 a.m. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that section of the Norwich Code of Ordinances be and hereby is amended as follows to permit the sale of alcoholic beverages in Norwich on Sunday between the hours of 11:00 a.m. and 1:00 a.m. on Monday: Sec Sale of alcoholic beverages on Sunday. Pursuant to G.S , as it has been amended, any establishment in the city operating under a liquor permit issued by the State of Connecticut which allows consumption of liquor on the premises, may be opened for the sale of alcoholic beverages on Sunday between the hours of 12:00 noon 11:00 a.m. and 1:00 a.m. on Monday. Mayor Deberey Hinchey

4 RESOLUTION #1 WHEREAS, the Norwich Harbor Management Commission and the Greater Norwich Area Chamber of Commerce will be co-producing Rock the Docks 2017, a series of concerts to be held at Howard T. Brown Park from 6:00 P.M. to 8:00 P.M. on the following dates: Wednesday, July 5, 2017 Wednesday, July 12, 2017 Wednesday, July 19, 2017 Wednesday, July 26, 2017 Wednesday, August 2, 2017 Wednesday, August 9, 2017 Rain dates if necessary: Wednesday, August 16, 2017 Wednesday, August 23, 2017 Wednesday, August 30, 2017; and WHEREAS, Rock the Docks will allow the entire community to enjoy a variety of music and entertainment at a scenic location; and WHEREAS, the Greater Norwich Area Business and Industry Foundation, Inc., established through the Greater Norwich Area Chamber of Commerce, proposes to sell beer and wine during the concert series to patrons thereof at a location in Howard T. Brown Park, the proceeds of the sales to be used to support the concert series with these sales to be handled by an appropriately licensed and permitted entity. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that, pursuant to Section of the Norwich Code of Ordinances, City Manager John Salomone be and hereby is authorized to grant the Greater Norwich Area Business and Industry Foundation, Inc. permission to sell beer or wine the Rock the Docks 2017 celebration to be held on Wednesday s as listed above or as rescheduled at the Howard T. Brown Park, subject to satisfactory proof that the Greater Norwich Area Business and Industry Foundation, Inc. has complied with the applicable regulations of the State Liquor Commission; that identification will be mandatory from each person purchasing an alcoholic beverage; that the sales of beer and wine will be made under a proper liquor license, and that proper insurances will b obtained and maintained by the Greater Norwich Area Business and Industry Foundation, Inc. and any vendor of beer and/or wine for the event. Alderman Gerald Martin Alderman H, Tucker Braddock

5 RESOLUTION #2 WHEREAS, the Italian Heritage and Cultural Committee of Norwich will sponsor the 26 th year of The Taste of Italy at the Howard T. Brown Park on September 9, 2017; and WHEREAS, The Taste of Italy allows the Italian Community to share its cultural heritage with the Norwich Community and permits festival goers to enjoy the food, music and entertainments of Italy; and WHEREAS, the Italian Heritage and Cultural Committee of Norwich has requested permission to sell beer and wine during the festival. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section of the Norwich Code of Ordinances, City Manager John Salomone be and hereby is authorized to grant the Italian Heritage and Cultural Committee of Norwich permission to serve and sell beer and wine at The Taste of Italy festival to be held on September 9, 2017 at the Howard T. Brown Park subject to satisfactory proof that the Italian Heritage and Cultural Committee of Norwich has complied with the applicable regulations of the State Liquor Commission; that identification will be mandatory from each person purchasing an alcoholic beverage; that the sales of beer and wine will be made under a proper liquor license, and that proper insurances will be obtained and maintained by the Italian Heritage and Cultural Committee of Norwich and any vendor of beer and/or wine for the event. Mayor Deberey Hinchey

6 RESOLUTION #3 WHEREAS, the Norwich Noontime Rotary has held a carnival in Norwich for the past several years to raise funds for its projects; and WHEREAS, the 2017 carnival hosted by the Norwich Noontime Rotary, if approved by the Council, will be held from Thursday, May 25, 2017 at 5:00 p.m. to Monday, May 29, 2017 at 5:00 p.m. at Chelsea Parade (setup of the carnival will be Wednesday May 24); and WHEREAS, the Rotary carnival is a popular event bringing residents and visitors to Norwich to enjoy the rides, entertainments, and refreshments available at the carnival. NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH that the Norwich Noontime Rotary may utilize Chelsea Parade from May 24, 2017 to May 29, 2017 for a carnival provided the carnival is conducted in accordance with section 12-5 of the Norwich Code of Ordinances and a sum of $1,000 be deposited with the City of Norwich to repay it for any expanse incurred by the City to restore Chelsea Parade to pre-carnival conditions, including the cost of any necessary reloaming and reseeding ; and BE IT FURTHER RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH that it invites and welcomes those patronizing the Norwich Noontime Rotary Carnival and that it offers it s thanks to the Norwich Noontime Rotary for its efforts. President Pro Tem Peter Nystrom Alderwoman Stacy Gould

7 RESOLUTION #4 WHEREAS, the City Manager John L. Salomone has re-appointed as regular members to the Zoning Board of Appeals for a term to expire on 2/28/19 or until a successor is appointed; Marc Benjamin (D) Marc Kulos (D) WHEREAS, the City Manager John L. Salomone has re-appointed as alternate members to the Zoning Board of Appeals for terms to expire on 2/28/19 or until a successor is appointed; David Martin (R) Robert Phoenix (D) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby acknowledges the appointments of the above named to the Zoning Board of Appeals. City Manager John L. Salomone

8 RESOLUTION #5 WHEREAS, City Manager John Salomone prepared and presented an extensive report on the condition of the Reid & Hughes Building to the Council of the City of Norwich on September 6, 2016; and WHEREAS, the Council of the City of Norwich on October 3, 2016, after a favorable report from the Commission on the City Plan, appropriated up to $800,000 for the demolition, debris removal and landscaping of the Reid & Hughes property, and authorized the issue of bonds in said amount for this purpose; and WHEREAS, the Council of the City of Norwich by resolution adopted on October 17, 2016 directed City Manager John Salomone to cause the issuance of an RFP seeking engineering assistance to prepare for the demolition of the structure and the seeking of a qualified demolition contractor having sufficient experience and expertise to perform the necessary demolition, debris removal and stabilization of the property; and WHEREAS, the State Historic Preservation Council after a hearing held on December 7, 2016 requested the Attorney General consider initiating legal proceedings to prevent the proposed demolition, which demolition the Historic Preservation Council perceived to be an unreasonable destruction; and WHEREAS, City Manager John Salomone has arranged a number of meetings with interested parties including representatives of the State Historic Preservation Office, the Office of the Attorney General, the Norwich Historical Society and the Connecticut Trust for Historic Preservation; receiving information that various parties have indicated an interest in stabilizing and developing the Reid & Hughes property, having plans for such at various stages of development; and WHEREAS, the Council of the City of Norwich is of the opinion that the demolition of the Reid & Hughes Building or the immediate stabilization of the same is of paramount importance and that further delay without achieving one of these outcomes may be an unacceptable risk. 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, with such assistance as he may require, to issue an RFP, incorporating strict timelines, seeking parties ready, willing and able to stabilize and redevelop or rehabilitate in a timely fashion the Reid & Hughes property provided such RFP requires: (1) responses to be received no later than 45 days from the issuance of the RFP; (2) a non-refundable $1,000 payment to the City of Norwich for its work in connection with review of the proposal;

9 (3) funding, planning, licensing for access and permitting all to be in place by June 20, 2017 with work for stabilization to commence no later than July 1, 2017 and to be completed no later than November 1, 2017; (4) a comprehensive description of the use to which the property will be placed, an estimate of the cost of the same, the anticipated sources of funding, and the proposed ownership of the completed project; and (5) establish timelines for the rehabilitation of the project and establish reasonable deadlines for the project and enforceable safeguards for the City of Norwich in the event such deadlines are not met. Mayor Deberey Hinchey

10 RESOLUTION #6 WHEREAS, the Norwich Ethics Commission, pursuant to sections 2-51 through 2-56 of the Norwich Code of Ordinances has conducted hearings on five (5) ethics complaints received by it, identified as Complaint /Diana Boisclair; Complaint /Robert Groner; Complaint /Deberey Hinchey; Complaint /John Bilda; and Complaint /Steven Sinko; and WHEREAS, the Norwich Ethics Commission, has found on the basis of clear and convincing evidence that each of the listed individuals committed a violation of the Norwich Code of Ethics; and WHEREAS, the Norwich Ethics Commission has filed a report of its findings and recommendations for action to the Council of the City of Norwich pursuant to section 2-55c(7) of the Norwich Code of Ordinances; and WHEREAS, Diana Boisclair and Robert Groner are commissioners of the Board of Public Utilities Commissioners and John Bilda and Steve Sinko are employees of the Norwich Department of Public Utilities, as to each of whom the Norwich Ethics Commission has made specific recommendations; and WHEREAS, the Charter of the City of Norwich provides that the Board of Public Utilities Commissioners shall annually elect from its member a chairman, a vicechairman and a secretary, the election of officers to be held at the first regular meeting of the board following the appointment of a new commissioner for a full term; and WHEREAS, the Council of the City of Norwich does not anticipate making this appointment to the Board of Public Utilities Commissioners prior to the second meeting of the Council in March NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that the city clerk, as secretary for the Council of the City of Norwich, be and hereby is requested and directed to immediately deliver copies of the reports of the Norwich Ethics Commission on Complaints Nos , , , , and to the Board of Public Utilities Commissioners together with a letter or other communication made on behalf of the Council of the City of Norwich transmitting this resolution and requesting that the Board of Public Utilities Commissioners not elect officers until the Council has completed interviews and made its appointment to the board. Alderman Gerald Martin

11 ORDINANCE #1 AN ORDINANCE AMENDING SUBSECTION OF THE NORWICH CODE OF ORDINANCES, WATERFRONT DEVELOPMENT DISTRICT, WD., ZONING PERMIT REQUIRED, TO ADD CUSTOMER SERVICE ESTABLISHMENTS AS A USE PERMITTED IN THE WATERFRONT DEVELOPMENT DISTRICT FOR WHICH A ZONING PERMIT IS REQUIRED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that section of the zoning ordinances of the City of Norwich Code of Ordinances be amended by adding Customer Service Establishments (e.g., beauty shops, laundry facilities, photographic studios, bicycle repair, appliance repair shop) as paragraph.3 and renumbering the subsequent paragraphs as follows: Principal Uses and Activities. No use of waterfront property is permitted in the waterfront development district unless it is water-dependent as defined in CGS S 22a-93(16) and section 9.2 of these regulations. The following principal buildings and uses may be allowed, and permitted in the WD district:.1 No Permit Required..1 Community garden..2 Docks, slips, piers pursuant to a permit issued by the Connecticut Department of Energy and Environmental Protection..3 Open space and passive recreation..4 Public utility substations and solar equipment (1 mw and larger) pursuant to the Connecticut Siting Council..2 Zoning Permit Required, see section Boatyard (e.g., building, storing, repairing, selling, servicing boats)..2 Cultural facility (e.g., museum, art gallery, library).3 Customer Service establishments (e.g., beauty shops, laundry facilities, photographic studios, bicycle repair, appliance repair shop).3.4 Government buildings and facilities (e.g., administrative offices, recreation center)..4.5 Gyms, fitness and personal training centers. Includes dance studios, martial arts, and sporting facilities..5.6 Marina / yacht club..6.7 Mixed use buildings of up to 3 dwelling units, in accordance with section New construction of buildings and additions of up to 10,000 square feet. Buildings of 10,000 square feet or more require a site plan review, as listed below.

12 .8.9 Public and private parks and playgrounds Public utility lines, stations, and buildings as defined under Connecticut General Statutes, with the following limitations: (i) Water, propane or natural gas tanks up to 50,000 gallons. (ii) New electrical substations with 5 or less megawatt capacity. (iii) Transmission towers of 35 feet or less in height Restaurant / café / grill / bar; no drive-through window Retail sales and rentals, limited to: (i) Boats (i.e., display and repair, including sale of (ii) marine equipment or products). Boating, fishing, diving and bathing supplies and equipment Swimming pools / clubs Visitor centers / information centers Alderman Gerald Martin

13 ORDINANCE #2 AN ORDINANCE REPEALING SECTION 3.4 FLOODPLAIN/FLOODWAY OVERLAY OF THE NORWICH CODE OF ORDINANCES IN ITS ENTIRETY AND ADOPTING A NEW SECTION 3.4 FLOODPLAIN/FLOODWAY OVERLAY NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that section 3.4 Floodplain/Floodway Overlay of the Norwich Zoning Ordinances, be and hereby is repealed in its entirety consisting of section through and including as shown on Exhibit A attached hereto and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the following provision set out in Exhibit B attached hereto be and hereby are adopted to consist of the new section 3.4 Floodplain/Floodway Overlay of the Norwich Zoning Ordinances. This ordinance shall take effect on June 1, Alderwoman Stacy Gould

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28 ORDINANCE #3 AN ORDINANCE AMENDING THE NORWICH CODE OF ORDINANCES BY REPEALING THE SECTION ENTITLED FLOOD RELATED TERMS IN ITS ENTIRETY AND ADOPTING A NEW SECTION - FLOOD RELATED TERMS - NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the section entitled Flood Related Terms of the Norwich Zoning Ordinances, a copy of which is attached hereto as Exhibit A, be and hereby is repealed in its entirety and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that the following provision set out as Exhibit B be and hereby are adopted to consist of the new section entitled Flood Related Terms of the Norwich Zoning Ordinances. This ordinance shall take effect on June 1, Alderwoman Stacy Gould

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