City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 A regular meeting of the Council of the City of Norwich was held January 3, 2012 at 7:30 PM in Council Chambers. Present: Aldermen Desaulniers, Noblick, Braddock, Hinchey, Bettencourt, Jaskiewicz and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Ald. Braddock read the opening prayer and Ald. Noblick led the members in the Pledge of Allegiance. Upon motion of Ald. Jaskiewicz, seconded by Ald. Bettencourt, it was unanimously voted to adopt the minutes of November 21, December 6 & 19, 2011. Mayor Nystrom gave his “State of the City” address as follows: Good evening, tonight I appear before you to update you on the progress we have made over the course of this last year. 2011 has been an exciting year for growth in Norwich. We have seen an expansion in our population, our tax base is growing and we have welcomed new partners to the Rose City. Our Department of Planning and Neighborhood Services has released figures showing that since January 2011, $89.2 million in improvement have taken place in Norwich. This does not include the most recent announced projects in Norwich. From small home repairs to a planned 10,040-square-foot storage unit at the Agway center on Otrobando Avenue, the private sector continues to invest in the City. During the last year your City Council initiated a number of planning strategies to help reposition the City of Norwich for future opportunities. The Vibrant Communities Initiative, the Uncas Leap partnership with the Mohegan Tribe and development along the river walk area of our Harbor are of what I speak. These documents when complete will be combined as part of our statutory obligation to update our 10 year plan of conservation and development. This effort is jointly led by members of the council, members of the public and selected business entities. The key city departments helping to coordinate these efforts are the Norwich Community Development Corporation, our office of Community Development, our Harbor Management Commission and again our Department of Planning and Neighborhood Services. Central to all these efforts is that they have been funded through grants awarded to the city from the state. Additionally we have also formerly submitted application for a citywide Brownfield Assessment grant through the EPA. All of these efforts acknowledge that we must address the remediation and restoration of the many former mill sites in our city. This need is driven by the lack of new and green commercial sites in the City of Norwich. I wish to assure all who are listening or who might read this comment later is that these efforts are 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 not being approached independently. This new council must ensure that real value is found by uniting these projects, fostering development along our waterfront properties. Through the hard work and dedication of our finance department and the previous council, Norwich has been given an Aa2 bond rating by Moody’s that incorporates the City’s well-managed, stable financial position, sizable tax base and manageable debt burden. Our strengths are our strong financial management and our history of stable reserves and a stable tax base. Because of tough decisions the council made in the last two years we recently sold our 20 year bond at the lowest interest rate for a 20 year bond by any community in CT. This may be the lowest cost of capitol in the history of this city. In 2011 I and the members of the Norwich Council began to take steps to increase the size of our Police force and restore sworn officers to our neighborhoods. 2012 will see the return of Community Policing. But as Chief Fusaro has said, “this is a good start, but more is needed”. I am suggesting to this council and the citizens of Norwich that we follow the roadmap put forth by the Police Department in its Five Year Strategic Staffing Plan in order to increase the police presence so that ALL citizens and visitors to Norwich feel safe and secure. This investment will go a long way to ensure our goal of encouraging economic development within our borders. If we expect investment and development in our City by the private sector, then we must show that we are willing to invest in this City as well, starting with a clean and safe community. I want take this opportunity on behalf of this council and our citizens to commend the brave men and women officers of the police department for the difficult and dangerous job they perform each and every day. Their prompt service and fine work in solving and preventing crime and disorder is essential in keeping our City safe and secure. While our police officers have done excellent reactive police work, I believe that with improved staffing, they can increase the proactive police presence in ALL of our neighborhoods. I also say to you tonight that we should relocate the police department and answer the very question posed almost ten years ago when the then city council adopted as part of the 2002 POCD the responsibility to address the needs of police services to best serve this community decades into the future. I strongly believe that 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 location must be in the downtown center. This decision will also lead to a stronger and improved value of the center of our community and the adjoining properties as viewed by the private sector. Together with the public/private partnerships advanced with voter approval during 2010 this will provide greater stimulus for a safer and productive downtown. We have only to view the successes of Danbury and Middletown as this same decision led to a measurable and vibrant grand list in their community centers. Consider that community policing works best when the general public has direct community services that are within the community itself. The current police station site belongs in the private sector as it represents prime waterfront whose real value will be when it is once again part of our grand list. I say with a strong sense of pride that we have some of the best workers in the State of CT right here in Norwich. Our employees have spent time and energy looking for ways to save the citizens of Norwich money and still maintain the best services we can give. Our Public Works Department aggressively pursues grant funding for major infrastructure projects. They have secured approximately $5 million dollars in total grant funding for the comprehensive rehabilitation of both the Sherman Street Bridge (aka Canada Bridge) and the Sunnyside Street Bridge. Another savings is a high efficiency heating and air conditioning system that was installed in the Planning and Building offices and was 75% funded through a federal energy efficiency grant. This will continue to be a real savings for many years to come. Early on we established a new purchasing policy designed to encourage the use of Alternative Fuel Vehicles and as a result when the senior center needed a new bus, DPW stepped up with a bus that will be powered by compressed natural gas (CNG) and they are in the final stage of designing a heavy dump truck that will be CNG powered. I also must praise our Norwich Department of Public Utility as they operate the largest AFV fleet in the state. In addition we are actively seeking additional funding through our partnership through The Clean Cities Initiative, of which we are a member, to expand public access to Natural gas and electric charging stations. NPU has entered into discussions with private sector companies who’s day to day operations will enjoy significant cost reductions by considering switching away from gasoline and diesel fuels. Through continued coordination with Norwich Public Utilities the annual paving program has made significant gains in rehabilitating the City’s major thoroughfares as well as local streets. They have paved or restored over 9 miles of city streets during 2011 and Main Street, Broadway, and Union Street will be targeted over the next 2 years. Due to this coordinate work between DPW and NPU, the replacement of older gas and water mains has been completed with a minimized impact to newly paved roads. I’d say that is a job well done. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Last year our crews have successfully managed one of the worst winters as well as the aftermath of Hurricane Irene. DPW removed snow off the roofs of several city buildings, including City Hall, Otis Library, Norwich Police Department, the Rose City Senior Center, and others, and consequently none of these buildings sustained any structural roof damage as so many others in the state did. In the aftermath of Hurricane Irene, DPW and NPU, working together in unprecedented ways, had every City street open within 3 days of the end of the storm. Norwich businesses were open for business and our citizens were able to get back to work well before those living in surrounding communities. The most exciting occurrence has been the Public Private Partnerships we have built in this past year. Norwich has become a Safe Harbor for business looking to grow and relocate. Public Private Partnerships describe our city wide effort in promoting the retention of jobs and the growth of our tax base. We are grateful for the Private Sector Investments that are occurring at the Norwichtown Commons and Norwich Harbor. We are grateful for the expansion of jobs at US Foods and their consolidation of the Massachusetts operations to Norwich, a decision that stands as a benchmark of private growth and investment in Norwich. The ability of the City to meet all new challenges is demonstrated by the statements of Winstanley Enterprises and Surrey Equities, the buyers of the Norwichtown Mall, when they stated, “Norwich stands out, the staff is as supportive as anyone can be and moving our project forward was easier due to the City staffs understanding of what was needed and they worked together with us to achieve a common goal.” Joyal Capital Management, the buyer of the Marina at American Wharf, was quoted as saying “The Mayor and City Officials are just saying ‘What can we do to help you out’ People have to know, this is not normal in other cities” Our Planning Department, Public Works Department and Department of Public Utilities and NCDC have all deserved their praise. They work diligently with my office and the city council and city managers office to help every business with a sense of one stop help. I am happy to inform you that Norwich Public Utilities continued to connect NPU and other City agencies to the 33 mile 144-strand single mode fiber network. This network will enhance connectivity for all City departments including City Hall, Police, Fire and Public Schools. To date, the fiber network provides connectivity to over 120 NPU and City sites. This is a necessary step for the future needs of the city that they are on top of. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 We are leading the region in uniting and promoting enhanced Rail Road Service, freight and passenger opportunities. This effort unites three council of governments in CT ands the states of MA and VT as all are working together to get the trains going. In June we will accept operational control of the ITC. An expansion of the ITC to rail services over the West Canal is proposed with preliminary designs in play. Upon reaching this goal it will also serve the new Marina for activities and events, allowing more people to ride to Norwich via the rail system to attend events at the Marina. Finally and more importantly I leave you with this concern. While we seek economic recovery and job and grand list expansion we can not loose site that we have an obligation to promote, support and assist our Norwich Board of Education. The next budget will easily represent the greatest challenge that we will see as compared to the last 2 years. A number of grants that our city has relied on for a number of years have ended. How this new council responds will affect the ability of our Board of Education to also reposition educational services for many years to come. In the past we closed 2 schools and authorized funds to help them redesign our entire system to address the needs of the children of Norwich. As they face this difficult task we are charged with continuing to build stronger partnerships with them. Economic development can only be truly successful so long as it includes our system of education and how it responds to the changing economy. Norwich is often described as a set of villages separate and apart. While it is a strength to recognize what sometimes makes us different I will promote that those differences are what make us stronger as One City and as the largest city in Southeastern, Ct we are all in this together. Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SECTION 14­57 OF THE NORWICH CODE OF ORDINANCES TO ELIMINATE REFERENCE TO THE PRECINCT ALDERMAN Speaking in favor: None Speaking in opposition: 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 David Crabb, 47 Prospect St, opposes the ordinance; it should do more than correct the description of the councils opinions. Incorporating the enterprise fund while allowing other entities to be addressed. Reject it. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 2 OF THE NORWICH CODE OF ORDINANCES BY ADDING A SECTION AUTHORIZING NORWICH MUNICIPAL EMPLOYEES WHO ARE RESIDENT ELECTORS OF THE CITY OF NORWICH TO SERVE ON THE NORWICH COMMISSION ON THE CITY PLAN, THE ZONING BOARD OF APPEALS AND THE INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION Speaking in favor: Marc Benjamin, 125 Hunters Road, Chair Zoning Board of Appeals, favored of this ordinance, it is a good idea to bring this forward because being a member of this board we have trouble making a quorum, taking all three city employees off this board would be detrimental to our progress. We are truly looking to improving the city and working with the best intentions. Speaking in opposition: Rodney Bowie, 62 Roosevelt Ave., agreed with previous speaker 99%, more participation is needed on issues from citizens of this town. I would like to see independent ideas, opinions and see diversity on the committees. I would like to see the city recruit more people not just city employees. Joanne Philbrick, 10 Elm Ave., asked that the city should come up with a plan for the opens on committees, people should send a letter for appointment, term limits should be set, and we need to address the lack of diversity. Andy Depta, 105 Vergason Ave., against it in way it is written, it should be amended so there is not conflict of interest. David Crabb, 47 Prospect St., agrees with previous objectors. Wished some kind of documentation is used so the representation would be propositional between the private and public sectors on these committees. More community involvement is needed. There being no further speakers Mayor Nystrom declared the public hearing closed. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Mayor Nystrom called for the second reading on AN ORDINANCE AMENDING SECTION 14­57 OF THE NORWICH CODE OF ORDINANCES TO ELIMINATE REFERENCE TO THE PRECINCT ALDERMAN Upon a motion Ald. Bettencourt, seconded Ald. Braddock it was unanimously voted to waive the reading of the full text. Upon a motion Ald. Jaskiewicz, seconded by Ald. Desaulniers, to adopt the following ordinance introduced by Mayor Peter Albert Nystrom. AN ORDINANCE AMENDING SECTION 14­57 OF THE NORWICH CODE OF ORDINANCES TO ELIMINATE REFERENCE TO THE PRECINCT ALDERMAN WHEREAS, Sec. 14‐57 of the Norwich Code of Ordinances presently makes the precinct alderman from the portion of the city where the stadium is located an ex officio member of the Norwich Baseball Stadium Authority and excludes the precinct alderman from being a full member of the Authority; and WHEREAS, by Charter change Norwich has discontinued the position of precinct alderman NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF CITY OF NORWICH, that Sec. 14‐57 of the Norwich Code of Ordinances be amended as hereinafter set forth to remove references to the position of the precinct alderman from Sec. 14‐57of the Norwich Code of Ordinances. Sec. 14­57. Creation of authority and membership. Pursuant to the provisions of G.S. §§7‐130a‐7‐130w, as the same have been amended from time to time, the Norwich Baseball Stadium Authority is hereby created by the City of Norwich. Said Norwich Baseball Stadium Authority shall have its principal office at the baseball stadium on Stott Avenue in Norwich, Connecticut or at such other place as may be designated. The Norwich Baseball Authority shall consist of nine members to be appointed by the Norwich City Council who shall be residents of the City of Norwich. One member of the authority shall be a resident of Plain Hill Road or adjoining street, exclusive of the precinct alderman. The Norwich City Council shall also make reasonable effort to appoint members with a background or experience in the fields of law, accounting, marketing or public relations, sports or recreation, and construction. The precinct alderman from the portion of the city where the stadium is located shall be an ex officio member of the authority. Purpose: to eliminate reference to the precinct alderman in Sec. 14‐57 of the Norwich Code of Ordinances. Mayor Peter Albert Nystrom On a roll vote, the above ordinance passed 7-0. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Mayor Nystrom called for the second reading on AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 2 OF THE NORWICH CODE OF ORDINANCES BY ADDING A SECTION AUTHORIZING NORWICH MUNICIPAL EMPLOYEES WHO ARE RESIDENT ELECTORS OF THE CITY OF NORWICH TO SERVE ON THE NORWICH COMMISSION ON THE CITY PLAN, THE ZONING BOARD OF APPEALS AND THE INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION Upon a motion Ald. Braddock, seconded Ald. Noblick it was unanimously voted to waive the reading of the full text. Upon motion Ald. Bettencourt, seconded Ald. Hinchey to adopt the following ordinance introduced by City Manager Alan Bergren. AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 2 OF THE NORWICH CODE OF ORDINANCES BY ADDING A SECTION AUTHORIZING NORWICH MUNICIPAL EMPLOYEES WHO ARE RESIDENT ELECTORS OF THE CITY OF NORWICH TO SERVE ON THE NORWICH COMMISSION ON THE CITY PLAN, THE ZONING BOARD OF APPEALS AND THE INLAND WETLANDS, WATERCOURSES AND CONSERVATION COMMISSION WHEREAS, Connecticut General Statute §7‐421 permits any municipality, by ordinance adopted by its legislative body, to authorize municipal employees residing within the municipality to serve on any body exercising zoning powers pursuant to chapter 124 of the Connecticut General Statutes or any special act or municipal charter; on any body exercising planning powers pursuant to chapter 126 of the Connecticut General Statutes or any special act or municipal charter; or on any body regulating inland, wetlands and watercourses pursuant to chapter 440 of the Connecticut General Statutes or any special act or municipal charter; and WHEREAS, Section 1 of Chapter XV of the Norwich Charter provides that there shall be a Commission on the City Plan consisting of five regular members who shall be resident electors of the City of Norwich and three alternates who shall be electors of the City of Norwich; and WHEREAS, Section 9 of Chapter XV of the Norwich Charter provides that there shall be a Zoning Board of Appeals consisting of five regular members and three alternate members who shall be resident electors of the City of Norwich; and WHEREAS, the Council of the City of Norwich by Section 11.01 of the Norwich Code of Ordinances established the Norwich Inland Wetlands, Watercourses and Conservation Commission and by Appendix B. authorized it to enforce all provision of the Inland Wetlands and Watercourses Act pursuant to Chapter 440 of the Connecticut General Statutes, this commission to consist of seven members and three alternates, all electors of the City of Norwich; and WHEREAS, the Council finds it to be in the best interest of the City of Norwich to permit municipal employees who are resident electors of the City of Norwich to serve on these bodies 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, that Article I of Chapter 2 of the Norwich Code of Ordinances be amended by adding a section to be identified as Section 2‐21 to provide as follows: Section 2­21. Norwich Municipal Employees who are resident electors of Norwich may serve on the Commission on the City Plan, the Zoning Board of Appeals or the Inland Wetlands, Watercourse and Conservation Commission. Any Norwich municipal employee who is also a resident elector of the City of Norwich may be appointed as a regular member or alternate member of the Commission on the City Plan, the Zoning Board of Appeals or the Inland Wetlands, Watercourse and Conservation Commission, and may serve thereon in such capacity to consider and act upon all matters to be brought before such bodies. Purpose: To permit Norwich municipal employees who are resident electors of the City of Norwich to be appointed to the Commission on the City Plan, the Zoning Board of Appeals, and the Inland, Wetlands, Watercourse Commission. City Manager Alan H. Bergren On a roll call vote, the above ordinance passed 7-0. PETITIONS AND COMMUNICATIONS Report from Commission on City Plan relative to discontinuance of Mohegan Park. City Clerk, Betsy M. Barrett, read the following report from the Commission on the City Plan: CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 Telephone: (860) 823-3766, Fax: (860) 823-3715 Ralph Page, Chairman Jeremy Booty, Vice-Chairman December 21, 2011 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH C.G.S 8-24 Referral: Relative to a portion of Mohegan Park Road be discontinued for use by motor vehicle traffic. . At the meeting of the Council of the City of Norwich (Council) held on November 21, 2011, the referral 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. The Commission on the City Plan, at its December 20, 2011 regular meeting reviewed the above-referenced referral. Seated were Chairman Ralph Page, Frank Manfredi, P. Michael Lahan, John Mathieu and Les King. After discussion and careful consideration, the Commission voted unanimously to forward an UNFAVORABLE recommendation. In reaching the unfavorable recommendation, the Commission deemed that the proposed closure is not justified by available statistics with respect to the occurrence of accidents and deemed that the proposed permanent closure would inconvenience residents of the City and that there are currently no proposed development plans for the subject area should the road be permanently closed. The Commission suggested temporary closure during the summer months, consistent with the prior year. If you have any questions, please contact the Director of Planning. Ralph Page, Chairman RP/jlb cc: City Clerk, City Manager Upon a motion of Ald. Braddock, seconded by Ald. Hinchey to discuss report Relative to a portion of Mohegan Park Road be discontinued for use by motor vehicle traffic. Communication from Joanne Philbrick to speak before the Council. Joanne Philbrick, 10 Elm Ave., Commented on the Rules of Procedure, and the elimination of public comment from the December 19 meeting. Why was citizen comment eliminated? It seems that all the Rules of Procedure are relatively the same. The copy on the web site which is dated amended & adopted states 12-17-2007, why hasn’t it been updated? What are the actual Rules of Procedures of the council? Mayor Nystrom, stated the new rules under communication lets citizens address the council and a discussion can take place. Ald. Hinchey commented that this not a reason to shorten the meeting. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Ald. Bettencourt stated this would enable the council the time to look into the issues of concern. CITY MANAGER’S REPORT DATE: January 3, 2012 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Recreation Director Welcome I am pleased to introduce our new Recreation Director, C. Roger Moss who is here in the audience this evening (ask him to stand). We welcome Roger and look forward to his joining our management team. 2. Upcoming Events/Meetings • The next Mayor’s One City Forum will be held this Saturday, January 7th at 9:00 A.M. at the City Fire House. • Governor Malloy will be at NFA’s Slater Auditorium this Thursday at 7:00 P.M. to discuss his first year in office. Free tickets are required for admission but are limited and can be obtained by contacting Ray Hackett at the Norwich Bulletin. 3. Finance • The City’s audit is complete and a brief presentation for City Council members will be planned, date to be determined. Financial statements are available on-line. • Taxpayers can now search tax bill information and pay bills via credit card, debit card, or ACH online on our website (www.norwichct.org). • The website survey results are posted on the City's homepage. CITIZEN COMMENT ON RESOLUTIONS Mayor Nystrom called for citizen comment on Resolutions. Gerald Martin, 19 Gillette Rd., spoke in opposition of resolution # 3. Stated there is not enough traffic to shut the road, it shouldn’t be closed. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Timothy R. Smith, 43 Beech St., thanked all the council’s contribution. Spoke on resolution #3 felt it is the open space of the city and if you pass this resolution it will send a message that the city would be chopped up a thru-a-fare. Rodney Bowie, 62 Roosevelt Ave., Spoke on resolution #2 stated that reading thru this resolution didn’t make sense. Would like an explanation on what it means? Kerry Bilda, 21 Canterbury Tpke., spoke in favor of resolution # 3 stated there is heavy traffic, cars travel fast especially near the playground. There is another way around the park, closing the road would be a matter of safety. Brandon Hyde, 422 Plain Hill Road, spoke in favor of resolution # 3 Chairman, of the Mohegan Park Improvement and Development Advisory Committee, supports the closing it very dangerous, ask the city to be pro active and close the road. Kevin Crowley, 33 Pearl St., spoke in favor of resolution # 3 Member of the Mohegan Park Improvement and Development Advisory Committee, felt the park is a beautiful park and believes that increased traffic makes unsafe. The park is for the people. Make the park safe on a year round basis, and increase the open space, close the road. Brian Eckenrode, 10 Elmwood Ave., spoke in favor of Resolution #3 stating that the city shouldn’t wait for an accident to happen. Felt time is needed for people to adjust to the change. David Crabb, 47 Prospect St., spoke in opposition to # 2 and 4. Resolution 2 must have been written by an attorney, because it isn’t clear. Will the rate be reduced? Resolution 4 asked for more information, and wanted to know why it would be so expensive. He had a handout for the Council. John Matthew, Huntington Rd., Opposed to # 3 asked that in the summer months for the road be closed, its dangerous in the winter and is put people in danger. Brian Curtin, 148 Broad St., and spoke in favor of #3 believes parks are for people not cars. This road should be closed for safety issues. He believes that the park is a great value to the residents. Jim Quarto, 25 Elmwood Ave., Supports #3 stated Mohegan Park Road should be closed. Joanne Philbrick, 10 Elm St., Spoke on # 3 echoed the valid points of others. It’s a disaster waiting to happen. If it is the plan to permanently close the road what is the mechanism and what would be the funding source? Andy Depta, 105 Vergason Ave., #1 no objection, #2 don’t quite understand it, #3 in favor of closing the road, # 4 no objection in favor. There being no further speakers Mayor Nystrom declared the Citizen Comment Closed. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Upon motion Ald. Braddock, seconded Ald. Hinchey it was unanimously voted to adopt the following Resolution introduced by Mayor Peter A. Nystrom. NOW THEREFORE BE IT RESOLVED, that the following be and hereby are appointed members of the Norwich Baseball Stadium Authority to serve until October 31, 2013 or until their successors are appointed: Michael E. Jewell, Sr. Peter W. Maneri, Jr. Gary Schnip Emmett D. Riley Thomas L. Cummings Peter Slocum Sean Ryan Robert Demars Gary Carrigan Upon a motion Ald. Hinchey, seconded Ald. Noblick it was unanimously voted to waive the reading of the full text. RESOLUTION WITH RESPECT TO THE AUTHORIZATION, ISSUANCE AND SALE OF NOT EXCEEDING $5.0 MILLION CITY OF NORWICH GENERAL OBLIGATION REFUNDING BONDS, AUTHORIZING COMBINING INTO ONE ISSUE AND MAKING DETERMINATIONS WITH THE REFUNDING BONDS ANY OTHER AUTHORIZED BUT UNISSUED BONDS OF THE CITY, AND AUTHORIZING AGREEMENTS FOR THE INVESTMENT OF THE REFUNDING ESCROW Al\TD ITS REINVESTMENT OVER ITS TERM Section 1. $5.0 Million principal amount of refunding bonds of the City of Norwich, or so much thereof as shall be necessary, are hereby authorized to be issued and the proceeds there from appropriated for the purpose of refunding, including advance refunding, all or any portion of the aggregate principal amount of any issue of City of Norwich (hereinafter, the "City") General Obligation Bonds now or hereafter outstanding or hereafter authorized, issued and outstanding, (the "Prior Bonds"), including but not limited to outstanding bonds of the City's 2002 issue and for the payment of all fees and expenses incurred in connection therewith, including redemption price, legal, fiscal advisor, underwriting, accounting, escrow verification, investment broker, printing, rating agencies, registrar, transfer and paying and escrow agents, printing, and such other costs and expenses, and those necessary, appropriate or customarily incurred in connection with the refunding ofbonds. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Section 2. The bonds shall be in the denomination of$l,OOO 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 City Treasurer (the "City Officials"). They shall bear such rate or rates of interest or sold at such price or prices, including discount or premium with respect to par, as shall be determined by the City Officials pursuant to Section 7-370 of the General Statutes. The bonds and notes shall be general obligations of the City, and each bond and note shall recite that every requirement of law relating to its issue has been duly complied with, that it is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon, and will be paid from property taxation to the extent not paid from other sources. The aggregate principal amount of refunding bonds to be issued, the particular issue or portion thereof they shall refund, the annual installments of principal, redemption provisions, if any, the date, time and manner of issue and sale, interest rate on the bonds, designation of registration transfer and paying agent, financial advisor, underwriter, verification agent or other service providers to facilitate the issuance of the bonds and the transactions herein authorized, and other terms, details and particulars of such bonds, and their issuance and the use and investment of proceeds, including issuance premium, if any, shall be determined by the City Officials in accordance with the General Statutes of the State of Connecticut, as amended, including but not limited to 7-370 et. seq. The refunding bonds authorized herein may be issued in one or more series, at one or more times and from time to time, provided that, the aggregate principal amount of all such refunding bonds issued shall not exceed $5.0 Million. Section 3. The City OfficiaJs are hereby authorized on behalf of the City to enter into bond purchase contracts for the sale of the bonds, insurance or other credit enhancement contracts, escrow agreements, investment contracts to invest the proceeds of the bonds pending their use for the purposes of the issue, including purchasing open market treasury securities, State and Local Government Series, or any investment permitted by law, to enter into interest rate swap agreements or other agreements and determinations authorized by Section 7-370b and 7-370c, and to execute and deliver such other contracts or certificates necessary or appropriate to consummate the issuance of bonds and transactions herein contemplated, to contract with agents to act on behalf ofthe City with respect to any ofthe foregoing and to apply the proceeds of such bonds for the purposes herein authorized. In connection with agreements to invest the proceeds of the bonds, the City Officials are specifically authorized to enter into contracts to provide for the investment or reinvestment of amounts held in an advance refunding escrow, including but not limited to agreements to deliver, provide, or receive securities to fund the refunding escrow, or to otherwise facilitate refunding purposes, to purchase securities during the term ofthe escrow from proceeds derived from maturing escrow securities, including agreements committing to purchase or allow for the purchase of such securities over the term ofthe escrow, in exchange for payment, and which agreements may be described or are commonly known as escrow float contracts, escrow reinvestment agreements or generally, guaranteed investment contracts. Such agreements and any contract agreement authorized hereunder, may include agreements with and instructions to an escrow agent, or consist of agreements with multiple parties to accomplish its objectives, provisions for delivery and payment of securities or exchanges of cash flow, provisions identifying the type of securities to be delivered, the date, principal amount, maturity date and maturity amount of delivered securities, the timing and amount of exchanged cash flows, if any, default provisions, the preconditions to entering into such agreements, including opinions of counsel, including reasoned opinions addressing the effect of bankruptcy, insolvency, appointment of a conservator or other similar proceedings with respect to any party to such contract, including, but not limited to a party agreeing to provide such securities to the escrow in exchange for payment therefore, or any party to an interest rate swap agreement. The agreements contemplated by this section may consist of more than one agreement entered into with more than one party. Any portion of the payment derived from such contracts may be deposited to the refunding escrow or expended to reduce, directly or indirectly, the amount of bonds required to be issued to refund the City's Prior Bonds. Section 4. The City Officials are hereby authorized, on behalf of the City, to enter into agreements or otherwise covenant for the benefit of bondholders to provide information on an annual or other periodic basis to nationally recognized municipal securities information repositories or state based information repositories (the "Repositories") and to provide notices to the Repositories 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 ofthe bonds and notes authorized by this resolution. 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Section 5. The City Officials are authorized to combine with the issue of refunding bonds herein authorized, bonds for any other purpose which the City has authorized but, as ofthe issue date of the applicable series of refunding bonds, are unissued, including any bonds authorized subsequent to the date of adoption of this resolution. Solely in connection with such combined issue, the City Officials in addition to the authority conferred upon them by any bond Resolution authorizing the issue of the bonds to be combined into one issue with the refunding bonds, are hereby delegated the authority to enter into contracts of purchase for such bonds and to determine their interest rate, and to exercise with respect to such combined issue of bonds the authority herein conferred. Section 6. The City Officials are hereby authorized on behalf of the City to enter into contracts and to execute and deliver certificates necessary, appropriate or advisable in their determination to consummate the issuance ofthe bonds and the transactions authorized herein. Section 7. This Resolution shall remain in full force and effect until repealed by the City Council. Section 8. It is hereby found and determined that the issue of all, or a portion of, the Bonds, Notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Officials are hereby authorized to issue and utilize without further approval any financing alternative available to municipal governments pursuant to HRl, "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"), or analogous legislation as may be reauthorized, including but not limited to any "tax credit bond," or "Build America Bonds" including Direct Payment and Tax Credit Versions. Upon motion Ald. Bettencourt, seconded Ald. Desaulniers to adopt the above Resolution introduced by Mayor Peter A. Nystrom and City Manager Alan H. Bergren on a roll call vote, the above ordinance passed 7-0. Ald. Bettencourt made a motion, seconded by Ald. Braddock to amend the following Resolution to add the wording “And, also be it resolved that the effective date of this Resolution shall be April 15, 2012”. Roll call vote 6-1, with Ald. Jaskiewicz voting in opposition, amendment passed. WHEREAS, the Mohegan Park Improvement and Development Committee, at a meeting held July 14, 2011, unanimously approved a resolution endorsing and supporting the permanent closure of a section of Mohegan Park Road adjacent to the Park Center for the purpose of creating a safer recreational environment and more open space for family activities including picnicking and potential expansion of the playground area; and 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 WHEREAS, the Council of the City of Norwich, by resolutions adopted June 2, 2008, has seasonally restricted motor vehicle traffic from using this section of the roadway; and WHEREAS, the Council of the City of Norwich accepts the recommendation of the Mohegan Park Improvement and Development Committee for the purpose of creating a safer recreational environment and more recreational open space within the park. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that a portion of Mohegan Park Road be discontinued for use by motor vehicle traffic, the portion of Mohegan Park Road to be discontinued commencing at a point approximately 785 feet south of the intersection of Mohegan Park Road and the northern terminus of Wilderness Road and the southern point of discontinuance to be at a point approximately 660 feet north of the intersection of Mohegan Park Road and the southern terminus of Wilderness Road. Upon motion Ald. Braddock, seconded Ald. Hinchey to adopt the following amended Resolution introduced by Mayor Peter A. Nystrom, Ald. Deb Hinchey and Ald. Pete Desaulniers. WHEREAS, the Mohegan Park Improvement and Development Committee, at a meeting held July 14, 2011, unanimously approved a resolution endorsing and supporting the permanent closure of a section of Mohegan Park Road adjacent to the Park Center for the purpose of creating a safer recreational environment and more open space for family activities including picnicking and potential expansion of the playground area; and WHEREAS, the Council of the City of Norwich, by resolutions adopted June 2, 2008, has seasonally restricted motor vehicle traffic from using this section of the roadway; and WHEREAS, the Council of the City of Norwich accepts the recommendation of the Mohegan Park Improvement and Development Committee for the purpose of creating a safer recreational environment and more recreational open space within the park. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that a portion of Mohegan Park Road be discontinued for use by motor vehicle traffic, the portion of Mohegan Park Road to be discontinued commencing at a point approximately 785 feet south of the intersection of Mohegan Park Road and the northern terminus of Wilderness Road and the southern point of discontinuance to be at a point approximately 660 feet north of the intersection of Mohegan Park Road and the southern terminus of Wilderness Road. BE IT FURTHER RESOLVED, that the effective date of the resolution shall be April 15, 2012. The above motion passed by roll call vote 6-1, Ald. Jaskiewicz voting in opposition. 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 Upon motion Ald. Braddock, seconded Ald. Jaskiewicz it was unanimously voted to adopt the following Resolution introduced by Mayor Peter A. Nystrom and City Manager Alan H. Bergren. WHEREAS, the Council of the City of Norwich, by resolution adopted July 18, 2011, authorized City Manager Alan H. Bergren to negotiate the terms and conditions of a Memorandum of Understanding with certain towns and interested parties regarding the restoration of passenger rail service on the New England Central Rail Line; and WHEREAS, the Council of the City of Norwich, by resolution adopted August 15, 2011 authorized City manager Alan H. Bergren to sign such a Memorandum of Understanding on behalf of the City of Norwich; and WHEREAS, the Central Corridor Rail Coalition with assistance from the Palmer Rail Coalition is actively working towards the reinstatement of passenger rail service along the rail line running from New London, Connecticut to Brattleboro, Vermont; and WHEREAS, undue reliance upon particular modes of passenger transportation to the neglect of others may lead to inefficiencies, delays and wasteful allocation of resources; and WHEREAS, the absence of regular passenger train service in areas of New England, including Norwich, Connecticut, has resulted in an unbalanced transportation system in this area which has contributed and, if unaddressed will continue to contribute to traffic congestion, air pollution, wasteful expenditures and growth control problems; and WHEREAS, a modern national passenger train system remains an essential element of a truly balanced transportation plan; and WHEREAS, the Council of the City of Norwich finds that comprehensive Intermodal transportation planning is necessary to resolve the aforesaid problems and will require involvement at the local, state and regional level in the preparation and implementation of such planning; and WHEREAS, the Council of the City of Norwich concludes the passenger train service through the City of Norwich is a preferred part of any comprehensive Intermodal transportation system. 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that: 1) It is and shall continue to be the policy of this municipality to take such actions as are necessary to support the commencement and/or expansion of passenger train service in and to this municipality and other areas of Connecticut, Massachusetts and Vermont and 2) This municipality supports the efforts of the Central Corridor Rail Coalition and the Palmer Rail Coalition to achieve the commencement and/or expansion of passenger rail service to the aforesaid areas. Upon motion Ald. Desaulniers, seconded by Ald. Noblick, it was unanimously voted to adjourn at 9:15pm. City Clerk 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 3, 2012 19