JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 2, 2017

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1 A regular meeting of the Council of the City of Norwich was held October 2, 2017 at 7:30 PM in Council Chambers. Present: Mayor Hinchey, Aldermen Nystrom, Braddock, Gould, Martin and Nash. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Ald. Philbrick had an excused absence. Mayor Hinchey presided. Ald. Martin read the opening prayer and Ald. Braddock led the members in the Pledge of Allegiance. Mayor Hinchey called for a moment of silence for the victims in Las Vegas. Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to adopt the minutes of September 5 & 18, Ald. Braddock read the following proclamation: PROCLAMATION WHEREAS, change is constant and affects all cities, towns, suburbs, counties, boroughs, townships, rural areas, and other places; and WHEREAS, community planning and plans can help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, in 2013 the Downtown Norwich / Chelsea Landing area was recognized as a Great American Neighborhood by the American Planning Association. WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly commemorate this achievement and the participation and dedication of the members of the Commission on the City Plan and other citizen planners who have contributed their time and expertise to the improvement of the City of Norwich; and WHEREAS, we recognize the many valuable contributions made by the City Planner and regional planners of the Southeastern Connecticut Council of Governments and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW THEREFORE, I, ALDERMAN H. TUCKER BRADDOCK, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH DO HEREBY PROCLAIM THAT, the month of October 2017 be designated as Community Planning Month in the City of Norwich in conjunction with the celebration of National Community Planning Month. Dated this 2nd Day of October, 2017 H. Tucker Braddock Alderman Mayor Hinchey called for a Public Hearing on a resolution relative to participation in a cost sharing program with the City of Norwich to construct concrete sidewalks. 1

2 Speaking in favor: Marie Jolicoeur, 161 Broadway, talked about needing safety on our sidewalks and asked that cameras be put in the courtyard, at Otis Library and by the Wauregan Hotel. Sheila Hayes, 288 Central Ave, thanked the businesses and homeowners for participating in this program and installing the new sidewalks. Speaking in opposition: There were no speakers. There being no further speakers Mayor Hinchey declared the public hearing closed. Upon a motion of Ald. Martin, seconded by Ald. Gould, it was unanimously voted to schedule a public hearing, second reading and action on October 16, 2017 at 7:00pm for the following resolution introduced by Ald. Gould. 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 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 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 2

3 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. Martin, seconded by Ald. Gould, it was unanimously voted to schedule a public hearing, second reading and action on October 16, 2017 at 7:00pm for the following ordinance introduced by Mayor Hinchey. 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. 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 3

4 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, a copy of which is attached hereto. Upon motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to accept the report from the Commission on the City Plan. City Manager s Report: To: Mayor Hinchey and members of the City Council From: John Salomone, City Manager Subject: City Manager s Report Date: October 2,

5 The Mayor and I continue our weekly meetings. I attended the Peace Pole Dedication at Brown Park on September 18, The event was sponsored by the Norwich Rotary. Local dignitaries were present in addition to the Mayor and several Council members. I held my monthly staff meeting with Department Heads on September 19, There was discussion on the budget. Presentations were held for the Norwich Debt Program Municipal Advisory Services. Our previous advisor, William Blair & Co. exited the public finance business in July Seven proposals were reviewed by staff and Phoenix Advisors was chosen. Phoenix Advisors was one of lowest priced proposals and has been the leading advisor in Connecticut in Each bond issue that the City does between now and June 30, 2022 should cost the City approximately $5,000 less in fees than we have been paying for the past few years. My assistant, Jacquie Barbarossa welcomed 3 classes from the Integrated Day Charter School on September 21 st. Three separate tours of the building were given. The students were extremely impressed with Council Chambers and enjoyed posing for photos in council seats. Plans for Light Up City Hall are in the works and the event will be held on the First Friday, December 1 st this year. Staff and I meet with Chief Pat Daley regarding capital improvements. Norwich Human Services and Youth and Family Services have completed their moves and are up and running. Five open houses have been held at 80 Broadway with the last scheduled for October 3 rd. There have been several inquiries and proposals are due October 20 th, Abby Dolliver, Superintendent of Schools, talked about the great strides that are being achieved in our school system. She stated Mahon School was selected as a Blue Ribbon School. Mayor Hinchey called for citizen comment on resolutions. There were no speakers Mayor Hinchey declared citizen comment on resolutions was closed. Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nystrom, Ald. Gould and Braddock. BE IT RESOLVED that the below named be appointed as a regular member to the Community Development Advisory Committee with a term to expire on December 31, 2018 or until a successor is appointed: Gemma Fabris (D) 5

6 Upon a motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nystrom, Ald. Gould and Braddock. BE IT RESOLVED that the below named be appointed as a regular member to the Historic District Commission with a term to expire on December 31, 2020 or until a successor is appointed: Regan Miner (D) Upon a motion of Ald. Gould, seconded by President Pro Tem Nystrom, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nystrom, Ald. Gould and Braddock. BE IT RESOLVED that the below named be appointed as an alternate member to the Historic District Commission with a term to expire on December 31, 2017 or until a successor is appointed: Louise Leake (U) Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Ald. Gould. BE IT RESOLVED that the below named be appointed as a regular member to the Norwich Golf Course Authority with a term to expire on January 23, 2019 or until a successor is appointed: Robert Malouf (R) Upon a motion of President Pro Tem Nystrom, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nystrom, Ald. Gould and Braddock. WHEREAS, Connecticut Public Act entitled An Act Concerning Municipal Electric Utility Cooperatives takes effect on October 1, 2017; and WHEREAS, Public Act provides that the managing body of a municipal public electrical energy cooperative shall be a cooperative utility board charged with carrying out the corporate purpose and powers of the municipal electric energy cooperative with representatives to be appointed by each member municipal electric utility and one representative to be appointed by the legislative body of each municipality in which a member municipal electric utility operates; and WHEREAS, the Council of the City of Norwich intends to appoint a representative to the Connecticut Municipal Electric Energy Cooperative (CMEEC); and WHEREAS, Public Act requires that such representatives appointed by the Council of the City of Norwich be a residential or commercial rate payer of Norwich Public Utilities who does not hold other official position in and is not employed by 1) the Board of Commissioners of Norwich Public Utilities; 2) the City of Norwich; 3) the governing body of any other municipal utility which is a member of CMEEC; 4) an official or employee of any other municipality in 6

7 which any other municipal electric utility which is a member of CMEEC operates; or 5) the Connecticut Municipal Energy Cooperative; and WHEREAS, Connecticut General Statute 7-233o, which has not been amended by Public Act 17-73, contains a conflict of interest provision applicable to any representative appointed to CMEEC generally prohibiting such representative from having or acquiring any interest, direct or indirect, in any project or in any property included or planned to be included in any project or in any contract or proposed contract for materials or services to be furnished or used by CMEEC; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to appoint a committee to solicit, review applications, and consider from individuals meeting the qualifications and not otherwise disqualified from being a representative of the City of Norwich appointed by the Council of the City of Norwich pursuant to Public Act NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that a committee of President Pro Temp Peter Nystrom, Alderwoman Stacy Gould, and Alderman Tucker Braddock be and hereby are appointed a committee to seek, consider, and interview as required individuals interested in serving as a representative appointed by the Council of the City of Norwich to the CMEEC Board of Directors to exercise the appropriate duties and responsibilities in that role; and to recommend a qualified candidate or candidates to the Council of the City of Norwich for appointment by resolution submitted at an upcoming regular or special meeting of the Council of the City of Norwich, the appointment and position to be subject to such additional terms and conditions as may be established by the Council of the City of Norwich. Mayor Hinchey recuses herself and leaves the room. President Pro Tem takes charge of the meeting. Upon a motion of Ald. Martin, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Gould on a vote of 5-0. WHEREAS, the property owners listed below want to participate in a cost sharing program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: granite curbing and concrete sidewalks will be constructed at the following locations where the property owners will pay for an assessment for the cost of the sidewalks and the City of Norwich will pay for the cost of the curbing and miscellaneous items. Name Address Owner Cost UCFS/Jennifer Granger 77 East Town Street $ 7, Darrell VanWagner 29 East Cliff St. $ 2, Dr. and Mrs Taylor 34 Rockwell St. $ 5, Kelly E. Field 9 Julian Terrace $ 3,

8 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Construction Account #81000 and the Special Assessment Fund, Fund # The estimated city s cost for curbing and miscellaneous construction items are estimated to be $8, Mayor Hinchey returns and resumes charge of the meeting. Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Philbrick. Upon motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to adjourn at 8:04 pm. CITY CLERK 8