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City Council

Regular Meeting

Norwich, CT · October 3, 2011

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 A regular meeting of the Council of the City of Norwich was held October 3, 2011 at 7:30 PM in Council Chambers. Present: Aldermen Desaulniers, Braddock, Caron, Hinchey, Popovich, Nash, 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. Hinchey led the members in the Pledge of Allegiance. Upon motion of Ald. Braddock, seconded by Ald. Caron, it was unanimously voted to adopt the minutes of September 6 and 19, 2011. Mayor Nystrom read a proclamation recognizing and congratulating Norwich Public Utilities in observance of American Public Power Week. PROCLAMATION WHEREAS, in 1904 the citizens of the City of Norwich approved the purchase of the Norwich Gas & Electric Company, believing that establishing municipal ownership was in the best interest of the community; and WHEREAS, by establishing municipal ownership of the Gas & Electric Company, Norwich joined the growing list of American communities that benefit from public power systems, recognizing it as a reliable and responsive service; and WHEREAS, the benefits of public power continue to enhance the community of Norwich by providing distinct services that improve the quality of life for our citizens. As a public power community, every citizen benefits from reliable and efficient electric service, responsiveness to citizens’ concerns, support of community goals, local control and community leadership, local employment and support of local economy, improved efficiency though integrated operations, a commitment to the environment, and customer-focused service; and WHEREAS, as a public power community, the City of Norwich has received tangible benefits resulting in offsetting the tax burden on its citizens; and WHEREAS, Norwich Public Utilities has demonstrated to the Rose City the benefits of a public power system during Tropical Storm Irene, where the families of Norwich had their power restored with efficiency and dedication. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, PETE DESAULNIERS, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, in recognition of the benefits of public power for our community, in the City of Norwich do hereby proclaim the week of October 2, 2011 through October 8, 2011 as American Public Power Week joining more than 2,000 communities across the nation in recognizing this important American institution. Dated this Third Day of October, 2011 Peter Albert Nystrom Pete Desaulniers Mayor President Pro Tem 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 Ald. Nash read a proclamation recognizing and congratulating Debbie Kievits in observance of National Bullying Prevention Month. PROCLAMATION WHEREAS, bullying occurs in neighborhoods, playgrounds, schools, and through technology, such as the Internet and cell phones; and WHEREAS, various researchers have concluded that bullying is the most common form of violence, affecting millions of American children and adolescents annually; and WHEREAS, targets of bullying are more likely to acquire physical, emotional, and learning problems and students who are repeatedly bullied often fear such activities as riding the bus, going to school, and attending community activities; and WHEREAS, providing a safe physical and emotional environment is a significant goal and a personal responsibility of each individual, it is time for us to continue to speak out AGAINST bullying for our children. WHEREAS, under the guidance and leadership of Bully Busters, the children of Norwich are more aware of anti-bullying techniques and all of our children are better for it within the Rose City and surrounding towns and cities. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, PETE DESAULNIERS, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby proclaim October as National Bullying Prevention Month in the City of Norwich and ask schools, students, parents, recreation programs, religious institutions, and community organizations to engage in a variety of awareness and prevention activities designed to make our communities safer for all children and adolescents. Dated this Third Day of October, 2011 Peter Albert Nystrom Pete Desaulniers Mayor President Pro Tem City Manager Bergren gave his report as follows: DATE: October 3, 2011 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 1. Upcoming Events/Meetings • The next Mayor’s One City meeting is tentatively scheduled for Saturday, October 15, 2011 at 9 -10:30A.M. Once a location is determined, a meeting notice will be posted by the Mayor’s office. 2. Public Works The Public Works Department begins its regularly scheduled brush collection schedule today. The first areas scheduled for collection are Greeneville, Mohegan Park Area, and Central. Public Works has dedicated 2-3 crews each day since the hurricane ended and will continue with this level of effort throughout the regular brush collection schedule, which is slated to end in mid-November. The entire brush schedule has been published in the Norwich Bulletin and is also available on the City’s website. 3. Plan of Conservation & Development Funding At our last regular Council meeting a citizen inquired about the source of funding for the update of the Plan of Conservation and Development. The initial funding of $60,000 was allocated in the adopted City Council Budget, in the Capital Budget section for 2010- 2011. An additional $ 45,000 was allocated within that budget by a transfer resolution by the City Council on March 7 2011. Copies of the references are attached and made part of this report. The goal was to fund the update between two fiscal years. However savings generated in the Capital Budget allowed the full amount allocated of $105,000 to be eventually funded in the first year 2010-2011. Mayor Nystrom called for a Public Hearing on AN ORDINANCE APPROPRIATING $675,000 FOR THE DEMOLITION OF THE FORMER GREENEVILLE AND BUCKINGHAM SCHOOL BUILDINGS AND AUTHORIZING THE ISSUE OF $675,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE. Assistant City Clerk, Roseanne Muscarella, read the following report from the Commission on the CityPlan: CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 Telephone: (860) 823-3739, Fax: (860) 823-3741 Ralph Page, Chairman Jeremy Booty, Vice-Chairman September 23, 2011 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH AN ORDINANCE APPROPRIATING $675,000 FOR THE DEMOLITION OF THE FORMER GREENEVILLE AND BUCKINGHAM SCHOOL BUILDINGS AND AUTHORIZING THE ISSUE OF $675,000 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 September 19, 2011, the ordinance described above was introduced and referred to the Commission on the City Plan (Commission) for a report pursuant to Chapter XV, Section 4 of the City Charter. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 The Commission on the City Plan, at its September 20, 2011 regular meeting reviewed the above-referenced ordinance. Seated were Chairman Ralph Page, Arthur Sharron, Michael Lahan, and Les King. After careful consideration, the Commission voted unanimously to forward a FAVORABLE recommendation to the Council. The Commission reached the decision to forward a favorable recommendation based upon the fact that the City followed the recommendations within the Plan of Conservation and Development for planning and assessing existing facilities in order to determine future needs and associated capital expenditures. Respectfully submitted, Ralph Page, Chairman RP/jlb cc: City Clerk, City Manager Speaking in favor: Keith Ripley, Meadow Lane, stated it has been 3 months since this ordinance was introduced. Now it is going to take time to plan for the future use of these properties. He referred to a proverb “go slowly I need it in a hurry”. November 29th will be the first time for the public to meet and discuss what is in the Plan of Conservation and Development, that will be the time to consider what to do with these properties. This is just the first step. Susan Misenheimer, 57 Sholes Ave., recommended we go forward with this ordinance. She believes that the cost would be much higher to keep the existing buildings there than a new endeavor would cost. Barry Ellison, Director of Public Works, stated that we are in a bad situation with these buildings. They have already cost the city approximately $40,000 since these buildings have been taken over in September of last year on various maintenance and emergency issues. The other point of interest is that the current bids that have been submitted are subject to change should we wait any longer. The contractor cannot guaranty the quotes to remain at the price originally submitted. Kathleen Murphy, 227 Boswell Ave., commented that the momentum of this project has been pushed far ahead and she doesn’t see it stopping. She feels it would be good to move forward due to fact that the Greenville School in its present condition has created an unsafe area. Ron Ward’s goal for the Charter School at the Greenville site was admirable. She stressed the need to maintain the Greenville site as it was intended as a recreational educational property. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 Andy Depta, 105 Vergason Ave., spoke in favor of the ordinance but is torn with the efforts of Mr. Ward and his coalition. He is not sure that he was given the proper treatment based upon the recent newspaper articles. He stated he has experience with this same scenario from his past in another community where a vacant school remained closed for some 10 years with still nothing there. Several false starts and nothing to show for its efforts. Sereno Murkett, 186 Cedar St., as a neighbor for 34 years to Buckingham School is in favor of taking the school down. Speaking in opposition: David Crabb, 47 Prospect St., opposed spending $675,000 on these schools and noted the similar dollar amounts for the YMCA, The Marina. He referred to a study done by the Board of Education (NEXTT) would exceed $5,000,000. and in that study it includes 2 new school buildings. Joanne Philbrick, 10 Elm Ave. spoke in opposition but is confident that it will pass. Mr. Ward should be commended not condemned for his efforts to do something for this city. We are going to pay for the next twenty years on this bond and she feels it is not fiscally responsible. She feels the taxpayers are going to pay as they always do. Rodney Bowie, 62 Roosevelt Ave., asked what is the rush? Many buildings in this city are in worse condition and are still standing. He feels the city pays too much for everything they do. Joe Molcan, Hansen Rd., commented that he spoke with a former employee and he stated that he never saw any problems with the Greenville building. He stated that if the Board of Ed didn’t have budget problems the school would still be open. He also stated that at least 4 old school buildings throughout the city have been turned into housing units. He suggested we contact some realtors and contract some developers to convert these schools in an effort to increase our tax base. Laura Lillian Dickerson, 3 Harborview Lane, commented on the preservation of the first amendment of the constitution which is the right to freedom speech, assembly and association. She feels that the prevention of the Greenville Family Zone to meet for a public informational on the use of the former Greenville School was a disgrace to all of our citizens. She also thanked Mr. Ellison on his briefing of the costs of the Greenville School however, she wanted to know what the monthly costs are associated with the dangerous buildings located on Shipping St. Chestnut St. an Main St. (Reid & Hughes). She feels the people of Greenville deserve an educational facility in their neighborhood it is not their fault that this school has been closed. She urged this ordinance be reconsidered. Khadijah Belizaire, 6 Mitchell Ct., she has participated in the Greenville Family Zone activities. She proposed that the money allotted for demolition be spent to preserve the Greenville School as a community learning center. Ron Ward, 121 Golden St., stated that the Greenville School should not be demolished. There has never been an explanation why this school was originally closed or why it has become such a dangerous problem and burden now. He believes that education is the first wrung in the ladder to climb out of poverty not a job. He would like to see the ordinance split in two parts and take down the Buckingham School and continue on with the efforts to help Greenville. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SUBPARAGRAPH (b)(4) OF SECTION 7‐22. UNIFORM TAX DEFERRAL PROCESS OF THE NORWICH CODE OF ORDINANCES Speaking in favor: none Speaking in opposition: David Crabb, 47 Prospect St., suggested that this ordinance be suspended in this economic climate. He feels there is no reason for this, it is obsolete in comparison to the Federal Government. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a Public Hearing on a resolution Relative to granite curbing and concrete sidewalks will be constructed at 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. Speaking in favor: Joanne Philbrick, 10 Elm Ave., commented that although she has complained long and loud in the past about homeowners paying for sidewalks the city has won her over and she is looking forward to her new sidewalks. Keith Ripley, Meadow Lane, spoke with pleasure to see the big turnout of participation in the program. He applauded the participants for showing their pride for the good of themselves and the city. There being no further speakers Mayor Nystrom declared the public hearing closed. Upon a motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to suspend the rules by a two thirds vote to consider and act on the following two ordinances. Upon a motion of Ald. Hinchey, seconded by Ald. Braddock, it was unanimously voted to add the following ordinance to the agenda AN ORDINANCE APPROPRIATING $675,000 FOR THE DEMOLITION OF THE FORMER GREENEVILLE AND BUCKINGHAM SCHOOL BUILDINGS AND AUTHORIZING THE ISSUE OF $675,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Upon a motion of Ald. Nash, seconded by Ald. Popovich, it was unanimously voted to add the following ordinance to the agenda AN ORDINANCE AMENDING SUBPARAGRAPH (b)(4) OF SECTION 7­22. UNIFORM TAX DEFERRAL PROCESS OF THE NORWICH CODE OF ORDINANCES. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 Upon a motion Ald. Nash, seconded by Ald. Desaulniers, to waive the reading and adopt the following ordinance introduced by Ald. Desaulniers, Hinchey, Nash, and Popovich: AN ORDINANCE APPROPRIATING $675,000 FOR THE DEMOLITION OF THE FORMER GREENEVILLE AND BUCKINGHAM SCHOOL BUILDINGS AND AUTHORIZING THE ISSUE OF $675,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $675,000 is appropriated for the demolition of the former Greeneville and Buckingham school buildings including, as necessary, borings, easement acquisitions, waste disposal permits, hazardous waste and asbestos removal, and site remediation; said appropriation shall be inclusive of administrative, advertising, engineering, legal, financing, consulting, surveying, printing, and expenses related thereto (the “Project”). Section 2. The total estimated cost of the project is $675,000. No portion of the project cost is expected to be paid from sources other than the proposed bond issue. The estimated useful life of the project is twenty years. The project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation $675,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended. In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b, including the authority to enter into agreements moderating interest rate fluctuation, provided any such agreement or exercise of authority shall be approved by the City Council. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 expenditures have been allocated shall be deemed to have been issued for such purpose, including the bonds and notes and Project herein authorized. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. The principal and interest on the proposed issue are to be paid from property taxation to the extent not paid from other funds available for the payment thereof and the full faith and credit of the City are pledged to such payment. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar competitive process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds are sold by negotiation the purchase contract shall be approved by the City Council. With respect to the receipt of original issuance premium or bid premium upon the sale of the bonds or notes herein authorized, the Manager and Comptroller are authorized, but not required, to apply original issuance premium and bid premium, if applicable, to fund any purpose for which bonds of the City are authorized to be issued, and such application shall reduce the amount of authorized and unissued bonds of the purpose to which the premium was applied, in the amount so applied. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the General Statutes of Connecticut, as amended, and be approved as to their legality by Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the project. Upon the sale of said bonds the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the "Issuer") hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the "Regulations"), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations ("Bonds") authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by section 3-20e of the general statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. It is hereby found and determined that it is in public interest to issue all, or a portion of, the Bonds, Notes or other obligations of the City as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative available to municipal governments pursuant to HR1, “Making Supplemental Appropriations for Job Preservation and Creation, Infrastructure Investment, Energy Efficiency and Science, Assistance to the Unemployed, and State and Local Fiscal Stabilization, for the Fiscal Year Ending September 30, 2009, and for other purposes” (the “American Recovery and Reinvestment Act of 2009”), as the same may be reauthorized or reenacted, or analogous legislation, including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct payment and Tax Credit Versions. On a roll call vote, the above ordinance passed 5 to 2 with Ald. Caron and Popovich voting in opposition. Upon a motion Ald. Braddock, seconded by Ald. Nash, to waive the reading and adopt the following ordinance introduced by Mayor Peter Nystrom: AN ORDINANCE AMENDING SUBPARAGRAPH (b)(4) OF SECTION 7­22. UNIFORM TAX DEFERRAL PROCESS OF THE NORWICH CODE OF ORDINANCES. WHEREAS, subsection (b)(4) of Section 7‐22 of the Norwich Code of Ordinances requires the results of a review of a request for a tax deferral made pursuant to Connecticut General Statute Section 12‐65b to be presented to the administration, planning and economic development subcommittee of the city council for recommendation to the city council; and WHEREAS, since the adoption of this ordinance the Charter of the City of Norwich has been changed assigning to the Mayor primary responsibility for the economic development of the city. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that, ordinance section 7‐22 (b)(4) be amended as follows: “Sec. 7‐22. Uniform Tax Deferral Process. (a) Purpose. The following process shall be used for the deferral of any increased assessment attributable to rehabilitation as established through G.S. §§ 12‐65c – 12‐65e and a resolution of the council of the City of Norwich relative to a rehabilitation area dated March 5, 1979. 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 (b) Established. Be it ordained by the council of the City of Norwich that a uniform tax deferral process is necessary and that the following format is herewith established: (1) All applicants shall submit to the assessor’s office an application, provided by that office. (2) All applicants shall submit to the comptroller’s office information n necessary to produce a pro forma on the property on which tax deferral is being sought. (3) All applicants shall submit request to the community development office for low interest loans or grants that may be available through state, federal or quasigovernmental agencies. (4) A review of the request shall be made by the comptroller, the assessor and the community development director, the results of which shall be presented to the administration, planning and economic development subcommittee of the city council Mayor for recommendation to the city council.” Purpose: The Uniform Tax Deferral Process of the City of Norwich requires a review of a request for tax deferral to be made by the comptroller, the assessor and the community developer director. This amendment requires the results of that review to be presented to the Mayor rather than to the administration, planning and economic development subcommittee of the city council for recommendation to the city council. This amendment alters the process in recognition of the charter change assigning to the mayor primary responsibility for the economic development of the city. On a roll call vote, the above ordinance passed 7-0. Upon a motion of Ald. Braddock, seconded by Ald. Nash it was unanimously voted to adopt the following resolution introduced by City Manager Alan Bergren: 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 Estimate Jeanne L. Gonet 44 Cliff Street 2,725.00 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 David & Karen Warfield 236 Washington Street 19,868.00 Nancy A. Potts 291 Laurel Hill Avenue 3,800.00 Rodney H. & Etta C. 324 Boswell Avenue 3,093.00 Bowie Bradford S. & Natalie 35 Williams Street 3,773.00 Wall John T., Jane & Rachel 22 Warren Street 3,724.00 Morosky et al Kathryn V. Hlavac 13 Clairmont Avenue 1,585.00 Manuel D. & Carol A. 197 Mount Pleasant 4,178.00 Maranda Joanne M. Philbrick 10 Elm Avenue 1,692.00 Scott M. & Janis M. 63 Sholes Avenue 3,378.00 Poole Bradford & Pridence C. 16 Julian Street 1,627.00 Marchand Christos Valkanos 37 Lake Street 1,344.00 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 #40000, and that a public hearing be set at the first meeting of the City Council in October 2011. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $30,000.00. Mayor Nystrom called for citizen comment on resolutions. Keith Ripley, Meadow Lane, referred to resolution #2 that this has been a rough year and some of our citizens have been hard hit and hopes that we all can rally to help these people ourselves as well as the city. Joanne Philbrick, 10 Elm Ave., commented on some confusion between the ordinance and resolution listed on the agenda and expressed a request for the importance of organizing the agenda better in the future. There being no further speakers, Mayor Nystrom, declared citizen comment on resolutions closed. Upon a motion of Ald. Nash, seconded by Ald. Hinchey it was unanimously voted to adopt the following resolution introduced by Mayor Peter A. Nystrom and Ald. Desaulniers: RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that Senior Affairs Commission Members and Alternates be, and hereby are, re-appointed to two-year terms: said terms to expire September 1, 2013: 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 Members Margaret M. Aldrich (R) Genevieve S. Bergendahl (D) Olive J. Buddington (D) P. Michael Lahan (D) Jacqueline W. Randall (D) Alternates Antoinette Gwiazdowski (R) Frank Jacaruso, Jr. (D) Janice Stewart (D) Upon a motion of Ald. Caron, seconded by Ald. Braddock it was unanimously voted to adopt the following resolution introduced by City Manager, Alan Bergren: WHEREAS, the State of Connecticut anticipates a significant reduction in federal “Low Income Home Energy Assistance Program” (LIHEAP) block grant funds, and, WHEREAS, our low income residents will be financially impacted by the reduction in federal funds, and, WHEREAS, the reduction in funds will significantly reduce and/or eliminate their ability to pay for their heating and/or utility bills and maintain a safe home environment, WHEREAS, there may also be instances when heating and/or utility bills are in the landlord’s name and the tenant(s) are without heat, NOW, THEREFORE, BE IT RESOLVED BY THE NORWICH CITY COUNCIL, that the City Manager, Alan H. Bergren, is authorized to set up an Emergency Energy Assistance Fund using funds from Contingency Account # 01090-80086 in an amount not to exceed $5,000.00 to be administered by the Department of Human Services for the purpose of providing emergency funds to low-income Norwich residents, who have exhausted all other local/state/federal energy resources. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 3, 2011 Upon a motion by Ald. Hinchey, second by Ald. Desaulniers, it was unanimously voted to go into Executive Session for the purpose of discussing pending claims and litigation, City manager, Alan H. Bergren, and Corporation Counsel, Michael Driscoll, Deputy Comptroller, Josh Pothier and Attorney, Mark Block were asked to participate during all or portions of this Executive Session at the request of the City Council. Ald. Caron excused herself from executive session and did not return for adjournment. The council was in Executive Session from 9:00 PM to 9:45 PM, at which time Mayor Nystrom stated no votes were taken. Upon a motion by Ald. Nash, seconded by Ald. Braddock it was unanimously voted to reconvene. Upon motion of Ald.Popovich, seconded by Ald. Braddock, it was unanimously voted to adjourn at 9:46 PM. ASSISTANT CITY CLERK 13

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH October 3, 2011 7:30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: Meetings September 6 & 19, 2011 PROCLAMATIONS 1. Proclamation in observance of American Public Power Week. CITY MANAGER’S REPORT REPORTS OF COMMITTEES 1. Report from the Commission on the City Plan on AN ORDINANCE APPROPRIATING $675,000 FOR THE DEMOLITION OF THE FORMER GREENEVILLE AND BUCKINGHAM SCHOOL BUILDINGS AN AUTHORIZING THE ISSUE OF $675,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE. PUBLIC HEARINGS 1. AN ORDINANCE APPROPRIATING $675,000 FOR THE DEMOLITION OF THE FORMER GREENEVILLE AND BUCKINGHAM SCHOOL BUILDINGS AND AUTHORIZING THE ISSUE OF $675,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE. 2. AN ORDINANCE AMENDING SUBPARAGRAPH (b)(4) OF SECTION 7-22 UNIFORM TAX DEFERRAL PROCESS OF THE NORWICH CODE OF ORDINANCES. 3. Relative to granite curbing and concrete sidewalks will be constructed at 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. CITIZEN COMMENT ON AGENDA ITEMS NEW BUSINESS – RESOLUTIONS 1. Relative to re-appointments to the Senior Affairs Commission members and alternates to two year terms to expire on September 1, 2013. 2. Relative to City Manager, Alan H. Bergren, is authorized to set up an Emergency Energy Assistance Fund using funds from Contingency Account # 01090-80086 in an amount not to exceed $5,000.00 to be administered by the Department of Human Services for the purpose of providing emergency funds to low-income Norwich residents, who have exhausted all other local/state/federal energy resources. 3. Relative to granite curbing and concrete sidewalks will be constructed at 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. ASSISTANT CITY CLERK Proclamation #1 Whereas, in 1904 the citizens of the City of Norwich approved the purchase of the Norwich Gas & Electric Company, believing that establishing municipal ownership was in the best interest of the community; and Whereas, by establishing municipal ownership of the Gas & Electric Company, Norwich joined the growing list of American communities that benefit from public power systems, recognizing it as a reliable and responsive service; and Whereas, the benefits of public power continue to enhance the community of Norwich by providing distinct services that improve the quality of life for our citizens. As a public power community, every citizen benefits from reliable and efficient electric service, responsiveness to citizens’ concerns, support of community goals, local control and community leadership, local employment and support of local economy, improved efficiency though integrated operations, a commitment to the environment, and customer-focused service; and Whereas, as a public power community, the City of Norwich has received tangible benefits resulting in offsetting the tax burden on its citizens; and Now therefore, in recognition of the benefits of public power for our community, the Council of the City of Norwich does hereby proclaim the week of October 2 through 8, 2011 as American Public Power Week, joining more than 2,000 communities across the nation in recognizing this important American institution. Dated this _____________ day of ________________, 2011. Mayor Peter A. Nystrom Alderman Desaulniers REPORT #1 PUBLIC HEARING #1 AN ORDINANCE APPROPRIATING $675,000 FOR THE DEMOLITION OF THE FORMER GREENEVILLE AND BUCKINGHAM SCHOOL BUILDINGS AND AUTHORIZING THE ISSUE OF $675,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $675,000 is appropriated for the demolition of the former Greeneville and Buckingham school buildings including, as necessary, borings, easement acquisitions, waste disposal permits, hazardous waste and asbestos removal, and site remediation; said appropriation shall be inclusive of administrative, advertising, engineering, legal, financing, consulting, surveying, printing, and expenses related thereto (the “Project”). Section 2. The total estimated cost of the project is $675,000. No portion of the project cost is expected to be paid from sources other than the proposed bond issue. The estimated useful life of the project is twenty years. The project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation $675,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended. In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b, including the authority to enter into agreements moderating interest rate fluctuation, provided any such agreement or exercise of authority shall be approved by the City Council. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose, including the bonds and notes and Project herein authorized. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. The principal and interest on the proposed issue are to be paid from property taxation to the extent not paid from other funds available for the payment thereof and the full faith and credit of the City are pledged to such payment. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar competitive process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the bonds are sold by negotiation the purchase contract shall be approved by the City Council. With respect to the receipt of original issuance premium or bid premium upon the sale of the bonds or notes herein authorized, the Manager and Comptroller are authorized, but not required, to apply original issuance premium and bid premium, if applicable, to fund any purpose for which bonds of the City are authorized to be issued, and such application shall reduce the amount of authorized and unissued bonds of the purpose to which the premium was applied, in the amount so applied. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the General Statutes of Connecticut, as amended, and be approved as to their legality by Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the project. Upon the sale of said bonds the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the "Issuer") hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the "Regulations"), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations ("Bonds") authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by section 3-20e of the general statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. It is hereby found and determined that it is in public interest to issue all, or a portion of, the Bonds, Notes or other obligations of the City as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative available to municipal governments pursuant to HR1, “Making Supplemental Appropriations for Job Preservation and Creation, Infrastructure Investment, Energy Efficiency and Science, Assistance to the Unemployed, and State and Local Fiscal Stabilization, for the Fiscal Year Ending September 30, 2009, and for other purposes” (the “American Recovery and Reinvestment Act of 2009”), as the same may be reauthorized or reenacted, or analogous legislation, including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct payment and Tax Credit Versions. Ald. Desaulniers Ald. Hinchey Ald. Nash Ald. Popovich PUBLIC HEARING #2 AN ORDINANCE AMENDING SUBPARAGRAPH (b)(4) OF SECTION 7­22. UNIFORM TAX DEFERRAL PROCESS OF THE NORWICH CODE OF ORDINANCES. WHEREAS, subsection (b)(4) of Section 7‐22 of the Norwich Code of Ordinances requires the results of a review of a request for a tax deferral made pursuant to Connecticut General Statute Section 12‐65b to be presented to the administration, planning and economic development subcommittee of the city council for recommendation to the city council; and WHEREAS, since the adoption of this ordinance the Charter of the City of Norwich has been changed assigning to the Mayor primary responsibility for the economic development of the city. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that, ordinance section 7‐22 (b)(4) be amended as follows: “Sec. 7‐22. Uniform Tax Deferral Process. (a) Purpose. The following process shall be used for the deferral of any increased assessment attributable to rehabilitation as established through G.S. §§ 12‐65c – 12‐65e and a resolution of the council of the City of Norwich relative to a rehabilitation area dated March 5, 1979. (b) Established. Be it ordained by the council of the City of Norwich that a uniform tax deferral process is necessary and that the following format is herewith established: (1) All applicants shall submit to the assessor’s office an application, provided by that office. (2) All applicants shall submit to the comptroller’s office information n necessary to produce a pro forma on the property on which tax deferral is being sought. (3) All applicants shall submit request to the community development office for low interest loans or grants that may be available through state, federal or quasigovernmental agencies. (4) A review of the request shall be made by the comptroller, the assessor and the community development director, the results of which shall be presented to the administration, planning and economic development subcommittee of the city council Mayor for recommendation to the city council.” Purpose: The Uniform Tax Deferral Process of the City of Norwich requires a review of a request for tax deferral to be made by the comptroller, the assessor and the community developer director. This amendment requires the results of that review to be presented to the Mayor rather than to the administration, planning and economic development subcommittee of the city council for recommendation to the city council. This amendment alters the process in recognition of the charter change assigning to the mayor primary responsibility for the economic development of the city. Mayor Peter A. Nystrom PUBLIC HEARING #3 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 Estimate Jeanne L. Gonet 44 Cliff Street 2,725.00 David & Karen Warfield 236 Washington Street 19,868.00 Nancy A. Potts 291 Laurel Hill 3,800.00 Avenue Rodney H. & Etta C. Bowie 324 Boswell Avenue 3,093.00 Bradford S. & Natalie Wall 35 Williams Street 3,773.00 John T., Jane & Rachel 22 Warren Street 3,724.00 Morosky et al Kathryn V. Hlavac 13 Clairmont Avenue 1,585.00 Manuel D. & Carol A. 197 Mount Pleasant 4,178.00 Maranda Joanne M. Philbrick 10 Elm Avenue 1,692.00 Scott M. & Janis M. Poole 63 Sholes Avenue 3,378.00 Bradford & Pridence C. 16 Julian Street 1,627.00 Marchand Christos Valkanos 37 Lake Street 1,344.00 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 #40000, and that a public hearing be set at the first meeting of the City Council in October 2011. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $30,000.00. Alan H. Bergren, City Manager RESOLUTION #1 RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that Senior Affairs Commission Members and Alternates be, and hereby are, re-appointed to two-year terms: said terms to expire September 1, 2013: Members Margaret M. Aldrich (R) Genevieve S. Bergendahl (D) Olive J. Buddington (D) P. Michael Lahan (D) Jacqueline W. Randall (D) Alternates Antoinette Gwiazdowski (R) Frank Jacaruso, Jr. (D) Janice Stewart (D) Mayor Peter Nystrom Ald. Desaulniers RESOLUTION #2 WHEREAS, the State of Connecticut anticipates a significant reduction in federal “Low Income Home Energy Assistance Program” (LIHEAP) block grant funds, and, WHEREAS, our low income residents will be financially impacted by the reduction in federal funds, and, WHEREAS, the reduction in funds will significantly reduce and/or eliminate their ability to pay for their heating and/or utility bills and maintain a safe home environment, WHEREAS, there may also be instances when heating and/or utility bills are in the landlord’s name and the tenant(s) are without heat, NOW, THEREFORE, BE IT RESOLVED BY THE NORWICH CITY COUNCIL, that the City Manager, Alan H. Bergren, is authorized to set up an Emergency Energy Assistance Fund using funds from Contingency Account # 01090- 80086 in an amount not to exceed $5,000.00 to be administered by the Department of Human Services for the purpose of providing emergency funds to low-income Norwich residents, who have exhausted all other local/state/federal energy resources. Alan H. Bergren City Manager RESOLUTION #3 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 Estimate Jeanne L. Gonet 44 Cliff Street 2,725.00 David & Karen Warfield 236 Washington Street 19,868.00 Nancy A. Potts 291 Laurel Hill 3,800.00 Avenue Rodney H. & Etta C. Bowie 324 Boswell Avenue 3,093.00 Bradford S. & Natalie Wall 35 Williams Street 3,773.00 John T., Jane & Rachel 22 Warren Street 3,724.00 Morosky et al Kathryn V. Hlavac 13 Clairmont Avenue 1,585.00 Manuel D. & Carol A. 197 Mount Pleasant 4,178.00 Maranda Joanne M. Philbrick 10 Elm Avenue 1,692.00 Scott M. & Janis M. Poole 63 Sholes Avenue 3,378.00 Bradford & Pridence C. 16 Julian Street 1,627.00 Marchand Christos Valkanos 37 Lake Street 1,344.00 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 #40000, and that a public hearing be set at the first meeting of the City Council in October 2011. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $30,000.00. Alan H. Bergren, City Manager

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