City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 A regular meeting of the Council of the City of Norwich was held August 16, 2010, at 7:40 PM in Council Chambers. Present: Aldermen Desaulniers, Braddock, Nash, Hinchey, Caron, Popovich and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Caron read the opening prayer and Ald. Braddock led the members in the Pledge of Allegiance. Mayor Nystrom called for a public hearing on AN ORDINANCE APPROPRIATING $1,520,000 FOR NORWICH BUSINESS PARK INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE ISSUE OF $1,520,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Speaking in favor: Rodney Bowie, 62 Roosevelt Ave., stated we need to keep the business park. We don’t need to bond, we need to keep what we have there now and maintain it. It doesn’t warrant throwing $1.5 million at it. He would like to see the industrial park stay. Ron Ward, 121 Golden St., thought it was great that the Council had the informational meeting before the council meeting. He sees this bond issue as an opportunity to bring this one step forward and hopes the voters will support it. Andy Depta, 105 Vergason Ave., agreed with the other speakers but stated that no where in the ordinance does it include NCDC. He wanted to know where they were involved with the execution of this. Voter confidence is the ultimate. Speaking in opposition: David Crabb, 47 Prospect St., stated that Congress had incorporated a pay as you go idea. It requires using existing funds. It’s time to call in some chips. Richard Cedar, 12 Durfey St., wanted to know why if we bring in $2 million a year from the industrial park why would you need to borrow $1.5 million to upgrade it. He wouldn’t put his money up there. There being no further speakers, Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a public hearing on AN ORDINANCE APPROPRIATING $3,000,000 FOR THE EXTENSION OF NATURAL GAS LINES WITHIN THE CITY’S SERVICE FRANCHISE AND AUTHORIZING THE ISSUE OF $3,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Speaking in favor: Andy Depta, 105 Vergason Ave., made the same comments as the last public hearing and stated the council needs to take a look at why NCDC is not part of it. Rodney Bowie, 62 Roosevelt Ave., stated it can’t pay for itself. Before any of these projects are started they need a lot of planning first. Planning is the one thing that has always been lacking in this town. Things are just slapped together. We can’t afford to make mistakes. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 Ron Ward, 121 Golden St., can just imagine what the circumstances would be if we didn’t have our own Public Utilities department. This is something everyone will benefit from. Speaking in opposition: David Crabb, 47 Prospect St., stated that the National and State economies are floundering. Public Utilities just raised all our rates in this shaky economy. This $3 million bond will have a $6 million cost. There being no further speakers, Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a public hearing on AN ORDINANCE APPROPRIATING $3,380,000 FOR THE CITY OF NORWICH DOWNTOWN REVITALIZATION INITIATIVE TO SPUR ECONOMIC DEVELOPMENT AND AUTHORIZING THE ISSUE OF $3,380,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Speaking in favor: Bonnie Hong, 167 Washington St., stated that this has been done and we tried it before and it didn’t work then so why will it work now? The big difference now is the people are working on it. That’s the difference. You have started the hard work. If you don’t fund these projects, downtown will fail. Bond issues are essential. Bill Champagne, representing the Historical Society, stated that downtown had so much potential. It is the heart of the community. He is impressed with the Wednesday morning meetings and strongly believes you must know what you want downtown to be and have the resources to do it. Downtown is not healthy and will continue its downhill slide. Bassem Salahi, 9 Briar Hill Rd., stated that he had a choice to open his business here or NY and he chose here. We can either let downtown decay or choose to fight for it. You have to spend money to make money. Downtown is the most precious city. You have to move more with teamwork thinking. Dr. Hong, 167 Washington St., calls Norwich his home. He has four generations born here. It’s like a slow motion death what has happened to Norwich. This bond issue is a critical issue at this time. If we let it die, downtown Norwich will die. Roberta Paro, 246 Yantic St., believes there is a lot of imbedded energy in the buildings downtown. This ordinance has the potential to change it. It sounds like a partnership and she looks forward to a lively downtown. Bob Zarnetske, Butternut Dr., wants everyone to think about this issue. Real estate development is not the same as economic development. This bond is about real estate development. Economic development is about people. We need to think abut the overall economy. Strong economies build strong buildings. It is important to focus on what we need to do to make this work. Ron Ward, 121 Golden St., stated that nothing is a sure thing. Such as this bond issue. He has seen much co-operation, sharing and also sour faces who came back a few weeks later with a smile. This is not a blank check so have no fear of money being wasted. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 Andy Depta, 105 Vergason Ave., echos all the other speakers and gave a few of his own opinions on the ordinance. If you take 70% from a project it will fail. If you are going to make NCDC in charge scratch other departments and agencies. Brian Kobylarz, 16 Hobart Ave., is directly in favor as it shows the strategic plan for downtown. We have the ability to waive the building codes. These tools have been there but no money to implement them. We can only afford so much but we must take the first step. Speaking in opposition: David Crabb, 47 Prospect St., have handouts to raise enough questions. The Wauregan Deli is now a see through business. The Mercantile Exchange, high speed ferry and many other places are also see through. We till have trouble finding people to come to these businesses. Rodney Bowie, 62 Roosevelt Ave., the cities last sting to invest in downtown was met by a brick wall which was City Hall. There have been businesses ready to go into different buildings and the buildings are still vacant. Those businesses are now in Norwichtown and not downtown. One impediment has always been City Hall. Richard Cedar, 12 Durfey St., wanted to know how viable the downtown was and why did the police, fire and public utilities move out. There being no further speakers, Mayor Nystrom declared the public hearing closed. Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to waive the full reading of the following ordinance, introduced by Mayor Nystrom, except for the title: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 City Clerk Greenhalgh read the following favorable report from the Commission on the City Plan: 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 CITY OF NORWICH Department of Planning & Development 23 Union St. Norwich, CT 06360 (860) 823-3766 Peter W. Davis, Director Michael Schaefer City Planner August 6, 2010 TO: Honorable Peter A. Nystrom, Mayor City Council Members FROM: Ralph Page, Chairman Commission on the City Plan Members SUBJECT: Proposed ordinance appropriating $ 3,380,000 for the City of Norwich Downtown Revitalization Initiative. At the August 4, 2010 special meeting of the Commission on the City Plan, Robert Mills, Executive Director of the Norwich Community Development Corporation, presented the commission with information relative to the proposed bond ordinance which would appropriate $ 3,380,000 for programs associated with a Downtown Revitalization Initiative. Said programs would consist of funding for Life Safety and ADA compliance, a revolving loan fund and rental assistance. After a very detailed description of the programs and an extensive discussion, the Commission determined that the proposed programs are consistent with the 2003 Plan of Conservation and Development, Chapter 6, entitled, “Economic Development”. As cited from said chapter, major economic development strategies relative to the Downtown include improving the economic health and appearance of the downtown as it directly relates to the City’s economic development competitiveness. The establishment of programs specific to the downtown and aggressive implementation stressing private/public partnerships is also cited as being a significant goal. The Commission realizes that the proposed programs represent only a portion of the overall economic development effort of the City. As a start, the proposed initiatives will encourage private sector investment and assist us in attracting the types of businesses the City needs to create a more vibrant and economically sound downtown. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 In order to encourage future investment in our downtown, we must once again demonstrate that we are a willing partner. Accordingly, the Commission on the City Plan encourages the City and the public to support this worthy effort. On a roll call vote, the above ordinance unanimously passed 7-0. Upon motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to waive the full reading of the following ordinance introduced by Mayor Nystrom, except for the title: 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 City Clerk Greenhalgh read the following favorable report from the Commission on the City Plan: 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 Telephone: (860) 823-3766, Fax: (860) 823-3741 E-mail: pdavis@cityofnorwich.org Ralph Page, Chairman Jeremy Booty, Vice-Chairman August 6, 2010 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH • C.G.S. 8-24 Referral: AN ORDINANCE APPROPRIATING $3,000,000 FOR THE EXTENSION OF NATURAL GAS LINES WITHIN THE CITY’S SERVICE FRANCHISE AND AUTHORIZING THE ISSUE OF $3,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE At the meeting of the Council of the City of Norwich (Council) held on August 2, 2010 the ordinances described above were introduced and referred to the Commission on the City Plan (Commission) for a report pursuant to Chapter XV, Section 4 of the City Charter. The Commission on the City Plan, at its August 4, 2010 special meeting reviewed the above-referenced referrals. Seated were Chairman Ralph Page, Frank Manfredi, Michael Lahan, John Mathieu and Les King. After discussion and careful consideration, the Commission voted unanimously to forward a FAVORABLE recommendation, as the proposed appropriations of funds are consistent with the goals and objectives set forward in the Plan of Conservation and Development as follows: • Consistent with Utility Services strategies to expand utility services in order to support existing and future development opportunities. If you have any questions, please contact the Planning Director or City Planner. Respectfully submitted, Ralph Page, Chairman On a roll call vote, the above ordinance was unanimously passed 7-0. Upon motion of Ald. Caron, seconded by Ald. Braddock, it was unanimously voted to waive the full reading of the following ordinance introduced by Mayor Nystrom: 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 City Clerk Greenhalgh read the following favorable report from the Commission on the City Plan: CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 Telephone: (860) 823-3766, Fax: (860) 823-3741 E-mail: pdavis@cityofnorwich.org Ralph Page, Chairman Jeremy Booty, Vice-Chairman August 6, 2010 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH • C.G.S. 8-24 Referral: AN ORDINANCE APPROPRIATING $1,520,000 FOR NORWICH BUSINESS PARK INFRASTRUCTURE IMPROVEMENTS AND AUTHORIZING THE ISSUE OF $1,520,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE At the meeting of the Council of the City of Norwich (Council) held on August 2, 2010 the ordinances described above were introduced and referred to the Commission on the City Plan (Commission) for a report pursuant to Chapter XV, Section 4 of the City Charter. The Commission on the City Plan, at its August 4, 2010 special meeting reviewed the above-referenced referrals. Seated were Chairman Ralph Page, Frank Manfredi, Michael Lahan, John Mathieu and Les King. After discussion and careful consideration, the Commission voted unanimously to forward a FAVORABLE recommendation, as the proposed appropriations of funds are consistent with the goals and objectives set forward in the Plan of Conservation and Development as follows: • Consistent with the key economic development strategies to reposition the Business Park as a higher quality park or corporate campus in order to reflect the current and future Connecticut economy. If you have any questions, please contact the Planning Director or City Planner. Respectfully submitted, Ralph Page, Chairman cc: City Manager On a roll call vote, the above ordinance was unanimously passed 7-0. City Manager Bergren gave his report as follows: DATE: August 16, 2010 TO: Mayor Peter A. Nystrom & Council Members 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. NPU Informational Workshop and Tour The workshop/tour date has been changed from the 18th to Saturday, September 25th, 2010 from 8:00AM to 1:00PM. 2. Sustainable Energy Committee The next meeting of the Committee is on Thursday, August 26th, 2010 at 5:30 P.M. at the Norwich Public Utilities facility located on 16 South Golden Street. 3. Senator Lieberman Aide Tour Last Friday, August 13th two staff members from Senator Lieberman’s office met with Bob Mills and myself to tour the ITC Construction site and to discuss other economic items and needs facing the City of Norwich. 4. Sister City Agreement Signing Today the Mayor and Council hosted a delegation from the Chinese City of Wuxi Binhu (Wooshee Binhu), a city of approximately 8 million. A Sister City Agreement was signed by the Mayors of both cities. Mayor Nystrom signed for the City of Norwich and Mayor Yuan Fei for Wuxi Binhu (Wooshee Binu). Following the signing and reception at the marina, the delegates visited City Hall for a photo opportunity and a tour of the City was given including stops at the Greeneville Dam fish ladder and Norwich Free Academy. This is a first step for an opportunity to promote cultural and educational relations and explore economic opportunities between our two cities. 5. 21 West Thames Street Attached, please see a memo from the purchasing agent regarding the bids for the demolition of 21 West Thames Street. There were eight bidders, the lowest qualified bidder was Salecon of Salem, CT at $37,600.00. Tonight you will be asked to suspend the rules to add a resolution so that we may waive the waiting period to proceed promptly with the demolition of this problematic structure. Mayor Nystrom called for citizen comment on resolutions. David Crabb, 47 Prospect St., opposed to the addition of resolution six as he feels the amount is pretty steep and the City could get a better price. Upon motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren: WHEREAS, There are occasions when Norwich residents are displaced due to safety issues, building and code violations or health issues, and, WHEREAS, Norwich Human Services works with low-income families and individuals who are displaced under these conditions, and, 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 WHEREAS, There may be circumstances that require Norwich Human Services to temporality place the tenant(s) into a hotel/motel as a last resort, NOW, THEREFORE, BE IT RESOLVED, that the City Manager or Corporation Counsel, be and hereby is authorized to place a lien on a property in the event that the City has to incur the cost of a hotel/motel bill for tenants displaced due to safety issues, building and code violations or health issues. The amount of the lien will be set at a cost equal to the amount of the hotel/motel bill, plus any appropriate lien fees. Ald. Caron made a motion, seconded by Ald. Hinchey, to adopt the following resolution introduced by Mayor Nystrom and Ald. Braddock: 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 Ald. Hinchey made a motion, seconded by Ald. Popovich, to amend the above resolution as follows: 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 The above resolution, as amended, was passed unanimously. Upon motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren: WHEREAS, pursuant to Connecticut General Statutes (CGS) §4-66(c), the Connecticut Department of Economic and Community Development is authorized to extend financial assistance for economic development projects; and WHEREAS, it is desirable and in the public interest that the City of Norwich make an application to the State for $250,000 in order to undertake the Teachers' Memorial Middle School and John M. Moriarty School grease trap updates and to execute an Assistance Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, 1. That it is cognizant of the conditions and prerequisites for the state financial assistance imposed by CGS §4- 66(c), and 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 2. That the filing of an application for State financial assistance by the City of Norwich in an amount not to exceed $250,000 is hereby approved and that City Manager Alan H. Bergren is directed to execute and file such application with the Connecticut Department of Economic and Community Development, to provide such additional information, to execute such other documents as may be required, to execute an Assistance Agreement with the State of Connecticut for State financial assistance if such an agreement is offered, to execute any amendments, decisions, and revisions thereto, and to act as the authorized representative of the City of Norwich. Upon motion of Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren: WHEREAS, Scott A. Allen has offered to convey to the City of Norwich by a deed in lieu of foreclosure a parcel of land carried on the land records of the City’s Tax Assessor’s office as Map 77, Block 1, Lot 11 (38 Reynolds Road) more particularly described in Schedule A attached hereto; and WHEREAS, Scott A. Allen has offered said deed in lieu of foreclosure in full and final satisfaction of all real estate taxes due the City of Norwich assessed with respect to 38 Reynolds Road; and WHEREAS, the taxes due as of August 31, 2010 are $58.04 and said property is assessed at a value of $2,000.00. NOW THEREFORE BE IT RESOLVED, that the City of Norwich hereby accepts the tender of the deed in lieu of foreclosure by Scott A. Allen, conveying to the City of Norwich title to 38 Reynolds Road in full and final satisfaction of said taxes assessed with respect to said property; and BE IT FURTHER RESOLVED, that City Manager Alan H. Bergren be and hereby is authorized to accept said deed on behalf of the City of Norwich, subject to the approval of the Corporation Counsel, and to cause it and any other necessary documents to be filed or recorded. Upon motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren: WHEREAS, Marie C. Lambert and Olibrice Shamagne have offered to convey to the City of Norwich by a deed in lieu of foreclosure a parcel of land carried on the land records of the City’s Tax Assessor’s office as Map 53, Block 2, Lot 79 (29 Hunters Road Extension) more particularly described in Schedule A attached hereto; and WHEREAS, Marie C. Lambert and Olibrice Shamagne have offered said deed in lieu of foreclosure in full and final satisfaction of all real estate taxes due the City of Norwich assessed with respect to 29 Hunters Road Extension; and WHEREAS, the taxes due as of August 31, 2010 are $5,382.06 and said property is assessed at a value of $110,000.00. NOW THEREFORE BE IT RESOLVED, that the City of Norwich hereby accepts the tender of the deed in lieu of foreclosure by Marie C. Lambert and Olibrice Shamagne, conveying to the City of Norwich title 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 to 29 Hunters Road Extension in full and final satisfaction of said taxes assessed with respect to said property; and BE IT FURTHER RESOLVED, that City Manager Alan H. Bergren be and hereby is authorized to accept said deed on behalf of the City of Norwich, subject to the approval of the Corporation Counsel, and to cause it and any other necessary documents to be filed or recorded. Mayor Nystrom made a motion, seconded by Ald. Braddock, to suspend the rules to add the following resolution introduced by City Manager Bergren: WHEREAS, the City of Norwich acquired property at 21 West Thames Street through a tax foreclosure; and WHEREAS, said property is in extreme disrepair; and WHEREAS, the city is about to or has awarded a contract to the low bidder to demolish said premises and a permit to demolish the same has been applied for pursuant to Section 4‐29 of the Norwich Code of Ordinances; and WHEREAS, Section 4‐29 of the Norwich Code of Ordinances will require the posting of a notice that a demolition permit has been applied for, posted for at least thirty days before a permit may be issued, unless the Council of the City of Norwich by a vote of at least six of its members approves a reduction of the time interval; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the special circumstances applicable to this structure, including its present condition of disrepair, its small lot size and location so close to a state highway as to impede renovation and create potential safety issues, the difficulty of accessing the property for any purpose, the length of time it has been owned by the city, the unsuccessful prior efforts by the city to solicit interest in renovating the property, the availability of a demolition contractor to commence work immediately and its prominent location on an entry road to Norwich are found to justify a waiving of the requirement that a notice be posted on such structure prior to the issuance of a demolition permit and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the building inspector of the City of Norwich may immediately issue a demolition permit permitting demolition of said structure to commence without further delay with an anticipated completion date of thirty (30) days from the issuance of a demolition permit. Upon motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to adopt the above resolution. Upon motion of Ald. Caron, seconded by Ald. Nash, it was unanimously voted to suspend the rules, waive the reading, refer to the Commission on the City Plan and set a public hearing for Sept. 20, 2010 on the following ordinance introduced by Mayor Nystrom: 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 AN ORDINANCE PROVIDING FOR THE ABATEMENT OF REAL ESTATE TAXES ON REAL PROPERTY IMPROVEMENTS AND THE WAIVER OF BUILDING PERMIT FEES FOR THE HISTORIC REDEVELOPMENT AND/OR REUSE OF THE PONEMAH BUILDING #1 WHEREAS, THE City of Norwich seeks to encourage development opportunities that will contribute to the economic stability of the city, encourage tourism and improve the quality of life for the residents of Norwich through the adaptive reuse, rehabilitation, and preservation of the historic and architecturally unique resources, including historic industrial mills, that reflect Norwich’s rich cultural past; and WHEREAS, the Ponemah Mills are contributing structures to the Taftville National Register Historic District, are designated as a historic mill site in the “Feasibility and Planning Study: The Historic Mills of Norwich, Connecticut” published by the city of Norwich in 1992, and are approved for inclusion within the Historic Design Overlay Zone by the Norwich Commission on the City Plan as of September 2005; and WHEREAS, the Council of the City of Norwich wishes to encourage the adoptive reuse and rehabilitation of the Historic Ponemah Mill Building #1 located at 607 Norwich Avenue in Taftville for an economically viable project; and WHEREAS, Ponemah Riverbank, LLC (“Ponemah Riverbank”), an affiliated entity of Onekey, LLC, purchased the Ponemah Mill Building on March 26, 2007 and has begun to renovate the same; and WHEREAS, Ponemah Riverbank has obtained approval from National Park Service (NPS) for the historical preservation of Ponemah Mill while undergoing the conversion for residential and commercial purposes; and WHEREAS, in the event that the Project is built in separate phases, Ponemah Riverbank, LLC shall describe the phasing and apply for building permits for each phase; and WHEREAS, Ponemah Riverbank has completed substantial environmental cleanup of the Mill Property and faces significant unanticipated costs for the Mill project including the Norwich Sewer Authority’s Capital connection Fee; and WHEREAS, the current level of taxation is a material factor which threatens the continued existence of the structure, necessitating either demolition or requiring changes to the structure which will destroy its historic and architectural value; and WHEREAS, the Council of the City of Norwich, by Ordinance No. 1576 adopted October 15, 2007, authorized a tax abatement for said property pursuant to Section 12‐127a of the Connecticut General Statutes and Sec. 7‐121.5 of the Norwich Code of Ordinances recognizing it as part of its historic mill structures renovation program; and WHEREAS, the Council of the City of Norwich also has authority pursuant to Section4‐7 of the Norwich Code of Ordinances to reduce or waive building permit fees in cases involving industrial companies where it determines that such buildings or structures will be a benefit to the city and the council, by Ordinance No. 1576, authorized the waiver of building permit fees in the redevelopment of Ponemah Mills; and 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 WHEREAS, the Council of the City of Norwich has authority pursuant to Section12‐127a of the Connecticut General Statutes to extend and modify the aforementioned tax abatements; and WHEREAS, the present economic conditions locally, statewide and nationally have created economic obstacles to the obtaining of financing and have created marketing difficulties for the planned residential and other units, unanticipated when the original abatements were authorized. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that real estate taxes on real property improvements associated with the historic redevelopment and adaptive reuse of the Mill shall be abated in full during its renovation (the “Construction Period”). The Construction Period shall be defined for purposes of this ordinance as the time between the issuance of the first building permit for new construction to follow the passage of this ordinance and the issuance of the final Certificate of Occupancy associated with the approved renovations; but in no case shall the Construction Period exceed three years from the date of July 1, 2011 unless a further extension is authorized by the Council; and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that real estate taxes on real property improvements associated with the historic redevelopment and adaptive reuse of the Mill shall be abated in full or in part for a period of 15 years in accordance with the following schedule to commence on the October 1st Grand List following the end of the Construction Period: Year Taxation Percentage on Real Taxation Percentage on Property Improvements Existing Real Property Assessment 1 0% 100% 2 0% 100% 3 0% 100% 4 0% 100% 5 0% 100% 6 0% 100% 7 0% 100% 8 0% 100% 9 0% 100% 10 0% 100% 11 20% 100% 12 40% 100% 13 60% 100% 14 80% 100% 15 100% 100% 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 16, 2010 And, BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that if, after taxes on such structure have been abated under the terms of this ordinance, Connecticut General Statutes Section 12‐127a, and Norwich Ordinance No. 7‐121.5, such structure is demolished or remodeled in a way which destroys its architectural or historical value, than the then owner shall pay to the City of Norwich an amount equal to the total amount of taxes which had been abated under the provisions of this ordinance, Connecticut General Statutes Section 12‐127a and/or Norwich Code of Ordinance No. 7‐121.5; and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that all building permit fees associated with the historic redevelopment and adaptive reuse of the Mill shall be waived except for any costs related to necessary third party review of construction documents which costs shall be paid in full as a building permit fee; and BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren be and hereby authorized and directed to enter into and execute on behalf of the City of Norwich a tax abatement agreement reflecting the terms of this ordinance, satisfactory to him and the Corporation Counsel, and to cause the same or a memorandum thereof to be recorded on the Norwich Land Records. Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adjourn at 9:40 PM. CITY CLERK 27