City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 A regular meeting of the Council of the City of Norwich was held July 2, 2012 at 7:30 PM in Council Chambers. Present: Aldermen Desaulniers, Noblick, Braddock, Hinchey, Bettencourt, and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Ald. Jaskiewicz absent due to family illness, Mayor Nystrom presided. Ald. Hinchey read the opening prayer and Ald. Noblick led the members in the Pledge of Allegiance. Upon motion of Ald. Braddock, seconded by Ald. Bettencourt, it was unanimously voted to adopt the minutes of June 4th and June 18th , 2012. Mayor Nystrom read the following Proclamation: PROCLAMATION WHEREAS, Norwich Public Works and Recreation Departments are dedicated to enhancing the quality of life for all of the Rose City citizens through teaching programs, recreation programming, leisure activities and conservation efforts and maintenance; and WHEREAS, Norwich Recreation Department activities and leisure experiences provide opportunities for young people to live, grow and develop into contributing members of our community and generates opportunities for people to come together and experience a sense of community; and WHEREAS, observing July as Parks and Recreation Month we recognize the vital contributions of employees and volunteers in our parks and recreation facilities, the dedicated supporters that ensure Norwich parks and recreation facilities are safe and accessible places for all of our citizens to enjoy; and WHEREAS, during Parks and Recreation Month all of Norwich is asked to enjoy all our community has to offer by taking part in their favorite sport, visiting the Rose Garden or by spending time with your family and friends in Mohegan Park; and WHEREAS, under the guidance and leadership of Norwich Recreation and Public Works Departments, Norwich recreation has grown in it’s service to the Rose City and surrounding towns and cities bring our community a higher quality of life, a safer places to play and healthy alternatives though recreation programming for everyone . 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 July 2012 as Parks and Recreation Month in the City of Norwich and call upon all supporters to join us in recognizing the importance of our parks and recreation facilities and to learn more about the places that give so much to all of us. Dated this Second Day of July 2012 Peter Albert Nystrom Pete Desaulniers Mayor President Pro Tem City Manager Alan Bergren gave his report as followed: 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 Mayor Nystrom called for citizen comment. Dale Plummer, 25 Broadway, City Historian, spoke in support of resolution #2 stating that this historic property should move forward. Also endorsed resolution 1 and 4. David Crabb, 47 Prospect St, opposed to resolutions #1, 2 and 4 felt the council needs a mission, vision, goal and action plan to improve the grand list and reduce the burden of property taxes on residential properties. Keith Ripley, Meadow Lane, spoke on resolution #1 asking for a review of previous waivers and abatements to be identified. Asked on resolution # 3 identify where the funds will come from and what year was it established, felt resolution #4 the public needs to be aware of the needs. Ron Bates, 7 Sylvian St spoke in favor of resolution #1 and 2 stating these will increase taxes. Spoke against resolution #4 felt a difficult traffic flow; property would be off the tax rolls, and environmental issues need to be addressed. Janice Stewart, 4 Surrey Lane, spoke on resolution # 4 not for or against questioned the need to spend a non-refundable deposit of taxpayer’s monies. Rodney Bowie, 62 Roosevelt Ave, needs clarification on resolution # 1, felt resolution # 2 should be used for business. Questioned resolution #4 asking if a new police station is needed in the amount of 33 million. Jerry Martin, 19 Gillette Road, spoke in support of resolution # 4 moving the police to downtown. Rod Molleur, 9 Wallstone Lane, spoke against resolution # 4 doesn’t see the rational of putting the police station downtown and asked not to spend a non-refundable deposit. Bob Farwell, Director of Otis Library, spoke in favor of resolution #4 felt it prudent to have a safe downtown. Kathleen Murphy, Boswell Ave, agreed with resolution #1. Spoke on resolution #3 hoped regulations will be drawn that dictates contract rules. Strongly believes resolution #4 that the Police station needs to be relocated, (asking that all facts get to taxpayers), against the non-refundable deposit. Daniel Mulchman, 45 Royal Oaks Dr., Spoke in favor on resolution #4 felt that it is important to have the Police department downtown. Asked for an environmental study. Supported resolution #1. Jim Quarto, 25 Elmwood, felt the City should use vision, planning and execution on properties. Questioned resolution #4 on the location, price and non-refundable deposit. Supports resolution #2. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 Andy Depta, 25 Vergason Ave, in agreement with resolutions #1, 5 and 6. Felt on resolution # 2 that the building be demolished and turned into a park. Questioned resolution #3 was the clerk to the works available? Spoke against resolution #4 for its too expensive and the needs assessment should be readdressed. Charles Nicholson, 72 Union St, supports resolution # 4 the relocation police department downtown, it makes the biggest contribution to the city. Joanne Philbrick, 10 Elm St, was confused about the Police station and the Intermodal Transportation. Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Bettencourt, seconded by Ald. Hinchey, it was unanimously voted 6-0, to send a referral letter to Commission on City Plan on the following resolution introduced by Ald. Bettencourt. WHEREAS, the Council of the City of Norwich has introduced an ordinance at its July 2, 2012 regular meeting relating to an abatement of real estate taxes on real property improvements for the Historic Ponemah Mill Building #1 located at 607 Norwich Avenue in Taftville to assist in its redevelopment and adaptive reuse; and WHEREAS, Section 7‐121.5 of the Norwich Code of Ordinances requires the Council of the City of Norwich to refer any request for tax abatement involving historic mill structures to the Norwich Commission on the City Plan for a recommendation as to consistency with the City’s mill enhancement program; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the Norwich Commission on the City Plan shall review the requested abatement of real estate taxes on real property improvements at their next regularly or specially scheduled meeting and provide a recommendation to the Council of the City of Norwich no later than August 6, 2012. Upon a motion of Ald. Braddock, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Ald. Noblick and Ald. Braddock WHEREAS, the Council of the City of Norwich formed the Reid & Hughes Committee to advise the City Council on the condition of and prognosis for property known as the Reid & Hughes Building located at 193‐201 Main Street; and WHEREAS, the Reid and Hughes Committee made a report to the Council of the City of Norwich as its meeting on January 17, 2012 providing it with, among other things, an Assessment of Redevelopment 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 Opportunities prepared for the City of Norwich by Becker and Becker Associates, Inc., which firm had been selected by the City of Norwich to provide an assessment of redevelopment opportunities for the property; and WHEREAS, at its meeting of February 6, 2012 the Council of the City of Norwich determined it was in the interest to the City of Norwich to prepare and issue a Request for Proposal with respect to the Reid & Hughes property to be developed and issued through a committee known as the Reid & Hughes Planning and Development Committee which Committee the Council then appointed; and WHEREAS, the Reid & Hughes Planning and Development Committee reported to the Council at its meeting of June 18, 2012 that it had received one response to its Requests for Proposals, that from Becker and Becker Associates, Inc., and unanimously recommended the City of Norwich enter into negotiations with Becker and Becker Associates, Inc.; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to commence negotiations with Becker and Becker Associates, Inc. and/or such entity as maybe established by it for purposes of developing the Reid & Hughes property. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager Alan H. Bergren be and hereby is authorized and directed to negotiate on behalf of the City of Norwich with Becker and Becker Associates, Inc., and/or such entity as maybe established by it for purposes of developing the Reid & Hughes property, using such assistance as he may deem appropriate, to reach an agreement with respect to the development of the Reid & Hughes property and to deliver said agreement to the Council of the City of Norwich for consideration of the same. City Manager Alan H. Bergren is requested to report to the Council on the status of these negotiations no later than the first meeting of the Council in September 2012. Upon a motion of Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren. WHEREAS, Louriero Contractors, Inc. (LCI) is one of four prime contractors engaged by the City of Norwich through the Norwich Community Development Corporation to provide services and material in the construction of the Intermodal Transportation Center; and WHEREAS, LCI was responsible for site and other work including excavation, earth removal and placement, foundation installation, cast in place and other concrete work, pile driving, pile caps and grade beams, paving, walls and sidewalks, curbing and plantings; and WHEREAS, the contract awarded LCI was in the original amount of $5,138,367plus agreed change orders in the sum of $425,230; and WHEREAS, there are disputed claims for change orders alleging extra work and materials made by LCI relating to: 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 1) A claim that it was required by the engineers to excavate and remove from the site impacted materials beyond the quantities specified in the contract and replace the same with selected fill, at a cost of approximately $32.50 per ton to remove and dispose of excavated material and $10.60 per ton to replace it, claiming $330,208.64; 2) A claim that it was required to perform engineering work beyond that specified in the contract to construct the entry ramp to required tolerances and to replace structural steel shown on designs with heavier and larger I beams; claiming extra material and other costs of $67,829.11; and 3) A claim it incurred engineering costs to satisfy site engineers that pilings driven into the ground which may have struck subterranean objects twisting or deviating them from tolerance were not overstressed and the pile and beam structural framing system remains within allowable limits, when it was not obliged to do so under the contract, claiming $11,000; and WHEREAS, the City and the Norwich Community Development Corporation denied such claims and asserted Norwich was entitled to damages of approximately $28,000 for additional engineering work; and WHEREAS, following a mediation conducted on May 25, 2012, LCI, the Norwich Community Development Corporation and the City of Norwich agreed to resolve these and other potential claims for the sum of $125,000 paid to LCI and to exchange mutual releases, excepting from the releases identified remaining punch list items, any additional work by post mediation change order, and any and all warranties for which LCI is responsible under the contract. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the sum of $125,000 be and hereby is appropriated for payment to LCI for its work on the Intermodal Transportation Center as described herein, said sum to be taken from the following accounts, $37,500 from Claims account no. 01090‐80072, $37,500 from Capital Contingency account no. 10213‐88000, and $50,000 from Contingency account no. 01090‐80086. AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren be and hereby is authorized and directed to deliver said check to LCI through its attorney in full and final settlement of all its claim related to the Intermodal Transportation contract as reflected in a written release in favor of the City of Norwich, except for claims for ongoing work as identified to him; to cooperate with LCI and make reasonable efforts to assist it in obtaining its retainage on the job from the Connecticut Department of Transportation; and to execute and deliver on behalf of the City of Norwich a release satisfactory to him running to LCI in connection with this resolution of its outstanding claims and such other documents as may be necessary to effectuate this resolution of outstanding claims. Upon a motion of Ald. Desaulniers, seconded by Ald. Hinchey, to introduce the following resolution introduced by Mayor Nystrom, Ald. Noblick, Ald. Bettencourt 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 WHEREAS, an ordinance will be introduced before the Council of the City of Norwich to appropriate $33,385,000 for the planning, acquisition and construction of a new City of Norwich Police Headquarter facility and to authorize the issue of $33,385,000 bonds and temporary borrowing of the City to meet such appropriation; and WHEREAS, the Council has identified properties owned by the Estate of Edward Lord a/k/a Edward Paul Lord or by Jeffrey Lord and Kathleen Lord Richard as Trustees for the Lord Family Nominee Trust more specifically identified as follows: Estate of Edward Lord a/k/a Edward Paul Lord Hill Street (102/4/62) 276 Main Street (102/4/67) Westerly Portion of Hill Street (no tax card) Jeffrey Lord & Kathleen Lord­Richards as Trustees of the Lord Family Nominee Trust 2‐6 Cliff Street (102/4/66) Hill Street (102/4/65) 22 Arcadia Street (102/4/59) Hill Street Corner Arcadia (102/4/60) 7‐9 Hill Street (102/4/61) 15 Hill Street (102/4/64) Hill Street (102/4/64) Portion of Hill Street (no tax card) Easterly Portion of hill (no tax card) as a suitable location for the new Norwich Police Headquarters; and WHEREAS, the Council of the City of Norwich, desiring to secure said properties until such time as the bond ordinance has been considered by the Commission on the City Plan, acted upon by the City Council, and submitted for referendum to the voters of the City of Norwich, finds it to be in the interest of the City of Norwich to enter into a Purchase and Sales Agreement between the City of Norwich and Jeffrey Lord & Kathleen Lord‐Richards as Trustees of the Lord Family Nominee Trust and an appropriate representative of the Estate of Edward Lord. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager Alan H. Bergren be and here by is authorized and directed, on behalf of the City of Norwich to enter into a Purchase and Sales Agreement for the properties described herein with Jeffrey Lord and Kathleen Lord‐ Richards as Trustees of the Lord Family Nominee Trust and an appropriate representative of the Estate of Edward Lord; said Purchase and Sales Agreement to include a purchase price of $2,575,000 and be conditioned upon, among other things, the affirmative adoption of the bond ordinance by referendum by the Norwich voters entitled to vote on the issue at the general election of November 6, 2012 and other processes required by the Charter of the City of Norwich; and 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the sum $100,000 be and hereby is appropriated as a non‐refundable deposit to be submitted by the City with the Purchase and Sales Agreement, said funds, however, to be credited towards the purchase price of the property upon passage of the bonding ordinance by the Council of the City of Norwich and subsequent approval of the same by the voters of the City of Norwich at referendum; said $100,000 to be taken from Account No. 10213‐88000 Capital Contingency; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the City (the “Insurer”) hereby expresses its official intent pursuant to §1.150‐2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid 60 days prior to the date of passing this resolution, and thereafter, in the maximum amount and for the capital project defined above with the proceeds of bonds, notes, lease financing, or other obligations (“Bonds”) authorized to be issued 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 resolution. Motion passed with a roll call vote of 5-1 with Ald. Braddock in opposition. Upon a motion of Ald. Braddock, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Pro-tem Desaulniers and Ald. Noblick. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the application form attached hereto as Exhibit A and the process described therein, be and hereby is, adopted by the City Council as the application form and process to be used in connection with Council appointments to Boards, Commission, Committees, Authorities and Agencies of the City of Norwich. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 Upon a motion of Ald. Noblick, seconded by Ald. Hinchey, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and Pro tem Desaulniers. BE IT RESOLVED that the below named be re-appointed to the Uncas Health District for a term to expire on January 9, 2015 or until a successor is appointed: William Warzecha Dr. Thomas Masterson Upon motion of Ald. Bettencourt, seconded by Ald. Desaulniers, it was unanimously voted set public hearing and second reading and action on August 6, 2012 for the following ordinance introduced by Ald. Bettencourt. AN ORDINANCE PROVIDING FOR THE ABATEMENT OF REAL ESTATE TAXES ON REAL PROPERTY IMPROVEMENTS AND THE WAIVER OF BUILDING PERMIT FEES FOR THE HISTORIC REDEVELOPMENT AND/OR REUSE OF THE PONEMAH BUILDING #1 WHEREAS, The Council of the City of Norwich seeks to encourage development opportunities that will contribute to the economic stability of the city, encourage tourism and improve the quality of life for the residents of Norwich through the adaptive reuse, rehabilitation, and preservation of the historic and architecturally unique resources, including historic industrial mills, that reflect Norwich’s rich history; and WHEREAS, the Ponemah Mills are contributing structures to the Taftville National Register Historic District and are designated as a historic mill site in the “Feasibility and Planning Study: The Historic Mills of Norwich, Connecticut” published by the city of Norwich in 1992; and WHEREAS, the Council of the City of Norwich wishes to encourage the adaptive reuse and rehabilitation of the Historic Ponemah Mill Building #1 located at 607 Norwich Avenue in Taftville (the “Mill”) for an economically viable project; and WHEREAS, Ponemah Riverbank, LLC (“Ponemah Riverbank”), purchased the Mill on March 26, 2007 and began renovations investing significant sums in the same, and has an anticipated completion date of 2016; and WHEREAS, Ponemah Riverbank has obtained the necessary local land use approvals for the mixed‐use redevelopment and conversion of the Mill building for historically appropriate use; and 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 WHEREAS, Ponemah Riverbank has undertaken substantial environmental cleanup of the Mill Property and intends to utilize Federal Historic Rehabilitation Tax Credits which require the Mill to remain income producing for a minimum of five years; and WHEREAS, the Council of the City of Norwich finds that the Mill is historically and architecturally meritorious and it has authority pursuant to Section 12‐127a of the Connecticut General Statutes and Sec. 7‐121.5 of the Norwich Code of Ordinances to abate real estate tax revenue in whole or in part for such historic mill structures; and WHEREAS, the Norwich Commission on the City Plan has determined that both the redevelopment of the mill and the associated abatement of real estate taxes is consistent with the City’s mill enhancement program; and WHEREAS, the Council of the City of Norwich also has authority pursuant to Section4‐7 of the Norwich Code of Ordinances to reduce or waive building permit fees in cases involving industrial buildings such as the Mill where it determines that such buildings or structures will be a benefit to the city; and WHEREAS, Ponemah Riverbank has paid and is anticipated to continue to pay the real estate taxes where have been assessed against the Mill to date and seeks an abatement of the taxes to become due for the improvements made to the Mill during renovations as set forth herein to assist it in obtaining financing for the project. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that real estate taxes on real property improvements associated with the historic redevelopment and adaptive reuse of the Mill shall be abated in full during its renovation (the “Construction Period”). The Construction Period shall commence at the time of the issuance of the first building permit for new construction after the date of approval of this ordinance but no later than July 1, 2013. The construction Period shall terminate on July 1, 2016. AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that real estate taxes on real property improvements associated with the historic redevelopment and adaptive reuse of the Mill shall be abated for a period of 9 years in accordance with the following schedule commencing with the Grand List of October 1, 2016. Year Taxation Percentage on Real Taxation Percentage on Property Improvements Existing Real Property Assessment 1 0% 100% 2 0% 100% 3 0% 100% 4 0% 100% 5 0% 100% 6 20% 100% 7 40% 100% 8 60% 100% 9 80% 100% 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 10 100% 100% BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that pursuant to Sec. 7‐ 121.5 of the Norwich Code of Ordinances, if after taxes on the Mill have been abated, the Mill is demolished or remodeled in a way which destroys its architectural or historic value, then the owner shall pay the city an amount equal to the total amount of taxes which had been abated under this ordinance. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH All building permit fees associated with the historic redevelopment and adaptive reuse of the mill shall be waived with the exception of any costs related to state fees and necessary third party review of construction documents. Upon motion of Ald. Desaulniers, seconded by Ald. Hinchey, it was unanimously voted, to set a public hearing on August 6, 2012 , for the second reading and action for the following ordinance introduced by Mayor Peter Nystrom: AN ORDINANCE APPROPRIATING $8,000,000 FOR THE EXTENSION OF NATURAL GAS LINES WITHIN THE CITY’S SERVICE FRANCHISE AND AUTHORIZING THE ISSUE OF $8,000,000 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 $8,000,000 is appropriated for the planning, acquisition and construction of the City of Norwich Natural Gas Line Extension Project (2012) (the “Project”). The Project shall consist of the extension of natural gas lines throughout the City’s service franchise area, and related gas capital improvements to expand the geographic areas served by gas and customer base and facilitate the delivery of natural gas to all customers. The specific gas lines to be extended or added, or geographic areas within the franchise to be accessed, shall be determined from time to time by the Board of Public Utility Commissioners as provided by the City Charter. The Project may consist of, but not be limited to, service line installation, incentives/refunds under Charter Chp. XII sec. 12, blasting, horizontal and vertical realignment, drainage installation, reclamation, paving, curbing, milling, capping, and for improvements to structures (including sidewalks) or utilities, incidental, appurtenant or encountered in the course of such gas line extensions, and for engineering, design, traffic control, administrative, advertising, printing, legal and financing costs related thereto. Said appropriation shall be inclusive of State and Federal grants in aid thereof. Section 2. The total estimated cost of the project is $8,000,000. 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. 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 Section 3. To meet said appropriation $8,000,000 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. The bonds shall be issued in the amount necessary to meet the City’s share of the cost of the Project determined after considering the estimated amount of State and Federal grants in aid of the Project, or the actual amount thereof, if this be ascertainable, and the anticipated times of receipt thereof, 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 Joseph Fasi LLC, of Hartford. 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, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon, and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. 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. 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, at 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. 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 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 Joseph Fasi LLC, of Hartford. 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, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon, and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. 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 currently or hereafter available to municipal governments pursuant to law including but not limited to any “tax credit bonds” or “Build America Bonds” including Direct Payment and Tax Credit versions. Section 10. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 Upon motion of Ald. Noblick, seconded by Ald. Braddock, it was unanimously voted to refer to Commission of City Plan and set public hearing and second reading and action on August 6, 2012 for the following ordinance introduced by Mayor Nystrom: AN ORDINANCE APPROPRIATING $33,385,000 FOR THE PLANNING, ACQUISITION AND CONSTRUCTION OF A NEW CITY OF NORWICH POLICE HEADQUARTERS FACILITY AND AUTHORIZING THE ISSUE OF $33,385,000 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 $33,385,000 is appropriated for the planning, acquisition and construction of a new City of Norwich Police Headquarters Facility (the “Project”). The Project shall consist of approximately 57,000 sq. ft of building space including a community room, training classrooms, emergency operations center, main desk, dispatch center, areas for the public, shift commander and court officer, dispatch center, investigation division, juvenile and narcotic units, patrol units, lockers, prisoner and processing and detention, evidence processing, forensic lab, roll call, mail, administration, conferences, sally port, indoor firing range, armory, computer and technology areas, parking, building maintenance and support, and including equipment, furniture and fixtures- including computer equipment, demolition, warranty, insurance, testing, administrative, advertising, printing, legal, financing costs, surveying, environmental remediation, consultants and services related to or appropriate to accomplish the foregoing, or for so much thereof or such additional improvements as may be accomplished within said appropriation (hereinafter the "Project"). The project shall be located on Cliff, Main, Hill and Arcadia Streets, as more fully set forth in a report entitled “Site Assessment for the Norwich Police Department, Norwich, CT, October 2011”, and shall be purchased by the City to the extent required. Section 2. The total estimated cost of the project is $33,385,000. 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 $33,385,000 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. The bonds shall be issued in the amount necessary to meet the City’s share of the cost of the Project determined after considering the estimated amount of State and Federal grants in aid of the Project, or the actual amount thereof, if this be ascertainable, and the anticipated times of receipt thereof, 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 Joseph Fasi LLC, of Hartford. 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 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 duly complied with, that such bond 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 shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. 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. 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, at 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 Joseph Fasi LLC, of Hartford. 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, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon, and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. 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. 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 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 currently or hereafter available to municipal governments pursuant to law including but not limited to any “tax credit bonds” or “Build America Bonds” including Direct Payment and Tax Credit versions. Section 10. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. Upon motion of Ald. Bettencourt, seconded by Ald. Hinchey, it was unanimously voted, to set a public hearing on July 16, 2012 , for the second reading and action for the following ordinance introduced by Mayor Peter Nystrom: AN ORDINANCE AMENDING SECTION 2­55(c)(3) NOTICES AND INVESTIGATIONS OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 55(c)(3) of the Norwich Code of Ordinances be and hereby is amended as follows: (c) Procedure for receiving and hearing complaints. (3) Notices and investigations. Upon receiving a complaint of an alleged violation of the code of ethics. The commission shall, within five (5) business days, notify in writing the person about whom said complaint has been filed, advising the concerned person of the specific nature of the complaint made and being investigated by the commission, and enclosing therewith a copy of the complaint. At least three (3) members of the commission, of which one (1) may be an alternate, shall make a 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 probable cause investigation of the validity of the complaint. The confidentiality provisions of General Statutes §1­82 shall apply to the investigation. A finding of probable cause shall require the affirmative vote of a majority of commission members or alternates conducting the investigation. Not later than five (5) business days after termination of the investigation, the commission shall inform the complainant and the respondent of its finding as to probable cause and provide them a summary of its reasons for making the finding. If no probable cause was found, the commission shall dismiss the complaint. If probable cause was found, the commission shall call for a public hearing. A Such public hearing shall commence within sixty (60) days after the receipt of the complaint determination of probable cause by the commission. Purpose: To clarify the limit of time within which a public hearing is to commence following a finding of probable cause by the Ethics Commission. Upon motion of Ald. Braddock, seconded by Ald. Bettencourt, it was unanimously voted, to set a public hearing on July 16, 2012 , for the second reading and action for the following ordinance introduced by Mayor Peter Nystrom: AN ORDINANCE AMENDING SECTION 2­55(c)(4) PROCEDURE FOR RECEIVING AND HEARING COMPLAINTS OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 55(c)(4) of the Norwich Code of Ordinances be and hereby is amended as follows: (d) Procedure for receiving and hearing complaints. (4) Hearings. In the event a hearing is held, a panel consisting of five (5) members or alternates shall hear it. In the event a hearing is continued to a new date, upon continuation a member or alternate may be substituted for one of the original panel members provided the member substituted was present for all prior hearings in the case. The respondent shall have the right to counsel, to cross examination of any witness, and to present evidence on his or her behalf. The commission may consider hearsay evidence as prescribed in its rules of procedure. Unless excused by the Ethics Commission for good cause, complainants will be required to appear in person in the event that a hearing is held, and the failure of a complainant to appear may be grounds to dismiss the complaint. 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 2, 2012 Purpose: To require complainants to appear at hearings of the Ethics Commission, unless excused by the Commission. Upon motion of Ald. Braddock, seconded by Ald. Hinchey, it was unanimously voted, to set a public hearing on July 16, 2012 , for the second reading and action for the following ordinance introduced by Mayor Peter Nystrom: AN ORDINANCE AMENDING SECTION 2­52(d) GIFT OF THE NORWICH CODE OF ETHICS TO CHANGE THE PROCEDURES CURRENTLY UTILIZED NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 2‐ 52(d) of the Norwich Code of Ordinances be and hereby is amended as follows: Sec. 2‐52. Definitions. (d) Gift. Any item, service or thing of value having a value in excess of fifty dollars ($50), including but not limited to a payment, subscription, advance, forbearance, rendering of service or deposit of money, or anything of value unless consideration of equal or greater value is transferred in its place. The term “gift” shall not include a political contribution otherwise reported as required by law; services provided to support a political candidate or political party without compensation by persons volunteering their time; a commercially reasonable loan made on terms not more favorable than loans made in the ordinary course of business; anything of value received because of a family or other close personal relationship connection with the donor; food or beverage or both, consumed on a single occasion, the cost of which is less than fifty dollars ($50.00) per person; an occasional nonpencuniary gift, insignificant in value; an award publicly presented in recognition of public service or any gift which would have been offered or given to the recipient if he or she were not a public official or municipal employee. Purpose: To clarify the definitions of the term “gift” as used in the Norwich Code of Ethics. Upon motion to Ald. Desaulniers, seconded by Ald. Noblick, it was unanimously voted to adjourn at 10:00 pm. CITY CLERK 24