City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 A regular meeting of the Council of the City of Norwich was held August 6, 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. Mayor Nystrom presided. Ald. Hinchey read the opening prayer and Ald. Jaskiewicz led the members in the Pledge of Allegiance. Mayor Nystrom read the following Proclamation: PROCLAMATION WHEREAS, Children First Norwich is one of the inaugural Children First Communities, becoming an united voice for children and their families to improve the life outcome of the children of Norwich; and WHEREAS, Children First Norwich hosts an annual event called Family Day in Mohegan Park where families come to have fun together, play games, eat, listen to music, play with clowns and learn about services in Norwich; and WHEREAS, 2012 is the 10th year anniversary for Children First Norwich Family Day and the families of the Rose City are thankful to them and their sponsor partners; and WHEREAS, Children First Norwich Family Day over the past 9 years has served over 3,000 people a year and this year they hope to serve many more; and WHEREAS, Children First Norwich Family Day is an event that the Rose City is proud of with different departments working with local partners to provide information and services to families throughout our area and create a day of fun; and WHEREAS, under the guidance and leadership of the City of Norwich Human Services Department, Children First Norwich Family Day has grown in its service to the Rose City and surrounding towns and cities. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, PETE DESAULNIERS, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby thank and congratulate Children First Norwich for their work on behalf of the City of Norwich for the past 10 years. Dated this Sixth Day of August, 2012 Peter Albert Nystrom Pete Desaulniers Mayor President Pro Tem Upon motion of Ald. Braddock, seconded by Ald. Hinchey, it was voted to adopt the minutes of July 2, 2012 , with a vote of 6 -0- 1 with Ald. Jaskiewicz abstaining. Upon motion of Ald. Jaskiewicz, seconded by Ald. Braddock, was unanimously voted to adopt the July 16, 2012 minutes. Mayor Nystrom called for a Public Hearing on AN ORDINANCE PROVIDING FOR THE ABATEMENT OF REAL ESTATE TAXES ON REAL PROPERTY IMPROVEMENTS AND THE WAIVER OF BUILDING 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 PERMIT FEES FOR THE HISTORIC REDEVELOPMENT AND/OR REUSE OF THE PONEMAH BUILDING #1 City Clerk read the referral letter from Commission on the City Plan: Speaking in favor: Louis Kaufman, 241 Hudson St, Hackensack, NJ, represents the owner of the property, stated that this is a renewal of an abatement on the property, taxes on the property will continue to be paid. He stated that this is a deferral of taxes on any improvement to the property. The State has acted favorability on this project and will provide some funding validating Norwich’s actions. Speaking in opposition: David Crabb, 47 Prospect St. spoke against this stating various reasons including vision, mission, and goals of the City need to be better defined. He feels that Norwich is affordable for tax exempts and non profits only. This ordinance should be delayed for nine months. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a Public Hearing on AN ORDINANCE APPROPRIATING $8,000,000 FOR 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 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 City Clerk read the referral letter from Commission on the City Plan: Speaking in favor: John Bilda, 348 Harland Rd, General Manager of NPU, spoke in favor of this stating it is a continuation of the 3 million gas bond expansion that was approved by the voters in 2010. Natural gas is a safe, affordable, and domestically produced fuel source. He also stated it doesn’t cost taxpayers $1.oo it produces revenue back into the General Fund. He explained that for every new home owner that is hooked-up every $1.00 of revenue from that taxpayer 10% or .10 will go into the General Fund according to City Charter. He stressed that it will not affect taxpayers and won’t cost existing or new customers anymore money. The community owns this business and this is an opportunity to grow this business. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 Speaking in opposition: David Crabb, 47 Prospect St, stated NPU proves money doesn’t grow on trees. He felt that the council should amend this proposal and require a revenue bond. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a Public Hearing on 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 City Clerk read the referral letter from Commission on the City Plan: Speaking in favor: Ira Misenheimer, 57 Sholes Ave, strongly urged this item be placed on the ballot and go forward. There are certain things the City must provide for safety and security are on top. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 Louis Fusaro, 70 Thames St, Chief of Police, thanked the City Council, Mayor and City Manager for there outstanding support for the men and women of the Norwich Police Department and our needs. He stated that this is one of the most important and decisions we will make this year. Keith Ripley, Meadow Lane, stated he hasn’t decided which way he will vote. He believes it should go to referendum vote and agreed with the first speaker and felt there is a need. Speaking in opposition: Tim Wawryznowicz, 1 Merchants Ave, Asked why the City spent $100,000 non-refundable deposit on a piece of property that’s not approved by the voters. He favored the previous proposal of North Main St. location as an excellent place for the Station. He is totally against spending this amount of money at this time. David Crabb, 37 Prospect St, opposed requesting more details and information. Stated there is a noncompliance with the Mayor and the Council from the budget standpoint. He feels another Architect is needed this proposal should be rejected. Rodney Bowie, 62 Roosevelt Ave, stated it’s not going to or clean up the City. Crime won’t evaporate with the Police Station Downtown. He believes it should be on the ballot and he doesn’t want taxes to increase. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for the second reading and action on 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 Upon a motion Ald. Bettencourt seconded Ald. Hinchey it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion Ald. Braddock, seconded by Ald. Bettencourt, to adopt 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 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 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 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 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 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% 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. The above ordinance passed on a roll call vote of 7-0. Mayor Nystrom called for the second reading and action on 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 Upon a motion Ald. Jaskiewicz, seconded Ald. Noblick it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion Ald. Jaskiewicz, seconded by Ald. Braddock, to adopt the following ordinance introduced by Mayor Nystrom. 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 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 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. 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. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 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. 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 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 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. The above ordinance passed on a roll call vote of 7-0. Mayor Nystrom called for the second reading and action on 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 Upon a motion Ald. Jaskiewicz, seconded Ald. Braddock, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion Ald. Jaskiewicz, seconded by Ald. Braddock, to adopt 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. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 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 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. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 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. The above ordinance passed on a roll call vote of 6-1 with Ald. Braddock voting in opposition. Motion by Ald. Bettencourt, second by Ald. Hinchey to unanimously receive this report previously read from the Commission on the City Plan. On an ordinance providing for the abatement of real 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 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. Motion by Ald. Bettencourt, second by Ald. Noblick to unanimously receive this report previously read from the Commission on the City Plan. On 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 borrowing for such purpose. Motion by Ald. Jaskiewicz, seconded by Ald. Noblick to unanimously receive this report previously read from the Commission on the City Plan. On 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. Motion by Ald. Noblick, second by Ald. Bettencourt it was unanimously voted to accept a letter of Resignation from Joanne Philbrick from the Personnel Pension Board and the Harbor Management Commission. Presentation from Children First Norwich/ School Readiness. City Manager Alan Bergren gave his report as followed: DATE: August 6, 2012 TO: Mayor Peter A. Nystrom & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Upcoming Events/Meetings The next Mayor’s One City Forum will be held Saturday, August 11th at 9:00 A.M. at the Occum Fire Station. 2. Police The Police Department is hosting its National Night Out Crime Prevention Block Party, tomorrow, Tuesday, August 7th beginning at 6:00 P.M. running to 9:00 P.M. in the Shop-Rite parking lot on West Main Street. 3. Public Works The milling and paving of New London Turnpike from Route 82 to approximately Thomas Avenue, as well as all of Ford Avenue, is scheduled to take place this week. Traffic patterns will be maintained to the maximum extent possible; however motorists should expect periodic delays and/or detours. All work is expected to be completed within 2 weeks, weather permitting. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 The Department also just completed approximately 3.9 miles of chip sealing in the Browning Road area. This is a preventative maintenance measure aimed at further extending the useful life of roads in fair to poor, but not yet failed, condition. Residents in this area can expect loose stones to be swept periodically over the next 2-4 weeks. 4. Statewide Hurricane Drill The city participated in the Statewide Hurricane Drill on July 30 and 31st, 2012. The simulation was to address a category 3 hurricane hitting the center of the State of Connecticut. The drill was held at the Emergency Management Operations Center at Norwich Public Utilities and included representatives from public health, Human Services, Utilities, all City Fire departments, Public Works, Police, American Ambulance, Backus Hospital, public schools as well as support staff from Utilities and the City Clerk’s office. Communication was established with the State EOC, a briefing was held with Governor Malloy and LT Governor Wyman and communication with our State Area 4 Emergency Management representatives. Communications included utilizing telephones, faxes, radios and web eoc. A debriefing was held at the end of the exercise on the 31st and a SWOT Analysis was initiated at the conclusion of the exercise. A team of volunteers who participated in the exercise will make recommendations for continuing improvements. Our Emergency Management Director Gene Arters can further elaborate on this exercise in a future Manager’s Report. 5. Reid & Hughes Development Project I recently conversed with Bruce Becker of Becker & Becker, the proposed developer for the Reid & Hughes project to negotiate the development agreement for said site. Mr. Becker will be submitting a draft proposal to me within the next few weeks at which time I will sit down with him to negotiate a draft agreement to bring before the City Council. Mr. Becker expressed his pleasure at having the opportunity to work again with the City of Norwich. 6. Boards/Committees/Commissions/Authorities Vacancies The Ice Rink Authority is accepting applications. The deadline to apply is August 10th, 2012. There are currently a number of vacancies on other boards. A complete listing and applications can be found on- line at www.norwichct.org. 7. Quarterly Departmental Reports Attached, for your perusal, are the fourth quarter and final quarterly reports for FY 2011-12. Please take the time to review said reports and advise me if you require additional information or would like any special presentations by our departments or agencies in the future on details or operations by their agency during the past fiscal year. 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 28 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 29 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 30 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 31 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 32 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 33 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 34 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 35 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 36 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 Mayor Nystrom acknowledged and thanked President Pro tem Pete Desaulniers who has taken over the activities of dealing with the vacancies on boards and commissions. Applications still come in to the Mayors office and they are forwarded to him for his assistance. Mayor Nystrom called for citizen comment on resolutions. David Crabb, 37 Prospect St, spoke opposed to resolution 1, 2, 3 and 7. Opposed resolution #7, he questioned the reason for the Council to close this road. He also spoke against resolution 1, 2 and 3 he feels the City should use a performance bond. Mayor Nystrom declared citizen comment on resolutions closed. Upon a motion of Ald. Braddock, seconded by Ald. Jaskiewicz, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom. NOW, THEREFORE, BE IT RESOLVED BY the Council of the City of Norwich hereby approves a Gas Line Extension Agreement between The City of Norwich and the Board of Public Utilities Commissioners of The City of Norwich, as attached here-to exhibit A.. GAS LINE EXTENSION AGREEMENT BETWEEN THE CITY OF NORWICH AND THE BOARD OF PUBLIC UTILITIES COMMISSIONERS OF THE CITY OF NORWICH Whereas the City of Norwich owns a natural gas franchise including a system of natural gas distribution lines and other assets; Whereas the Board of Public Utilities Commissioners of the City of Norwich (the “Board”) has, pursuant to Chapter XII of the Charter of the City, responsibility for management and control of the City’s natural gas franchise, including setting budgets and establishing rates; Whereas the Department of Public Utilities (the “Department”) implements the direction of the Board with respect to the management of the City’s utilities, including the natural gas division; Whereas a Referendum on November 2, 2010 (the “2010 Referendum”) authorized the City of Norwich to appropriate $3,000,000 and issue general obligation bonds of the City to finance the appropriation to expand the geographic areas served by natural gas, its customer base and facilitate the delivery of natural gas to all customers and related capital improvements; Whereas the City may authorize from time to time additional general obligation bond issuances to finance the extension and improvement of the natural gas system; Whereas the intent of the 2010 Referendum was and is for expenses incurred for the project and the bonds issued to finance it to be paid by the natural gas division of the Department of Public Utilities; NOW THEREFORE THE CITY OF NORWICH ACTING THROUGH THE CITY COUNCIL AND THE BOARD OF PUBLIC UTILITIES COMMISSIONERS HEREBY RESOLVE; The Board of Public Utilities Commissioners will provide for the payment when due all debt service on general obligation bonds issued by the City pursuant to the 2010 Referendum bond authorization. Revenues for payment will be derived from the gas division, and will be included in the budget prepared by the Board, pursuant to Chapter XII, sections 10 and 6 respectively, of the Charter. The City will provide the General Manager with a schedule of debt service payments, including amount and date due. The Department will make available to the City funds at such times and manner so that the City may timely pay debt service when due. 37 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 The Board and the City Council may add other bond authorizations to be governed by the terms of this Agreement upon consent of the Board and the Council. In no case shall the terms of this Agreement take precedence over payment of any bonds issued by the City which are secured solely by natural gas revenues. Upon a motion of Ald. Braddock, seconded by Ald. Jaskiewicz, it was unanimously voted to adopt the following introduced by Mayor Nystrom. Upon a motion of Ald. Bettencourt, second Ald. Desaulniers, it was unanimously voted amend the following resolution to add: “exhibit A”. NOW, THEREFORE, BE IT RESOLVED BY the Council of the City of Norwich hereby approves the City of Norwich to adopt written procedures with respect to tax exempt Bond Post Issuance Compliance, as attached here-to exhibit A. 38 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 Exhibit A 39 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 40 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 Upon a motion of Ald. Jaskiewicz, seconded by Ald. Hinchey, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom. 41 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 RESOLUTION #3 WHEREAS, the Council of the City of Norwich, by resolution adopted July 5, 2011 authorized the City Manager to prepare and issue an RFP/RFQ to solicit bids for professional services to prepare a “City of Norwich, Area Wide Brownfield Plan”; such plan to be used, among other things, to apply for funds and grants under the State and Federal EPA Brownfield Assessment Programs and for cleanups; and WHEREAS, the Cecil Group was selected to perform these services; and WHEREAS, by resolution adopted March 19, 2012, the Council of the City of Norwich appropriated the sum of $60,000 for work to be performed by the Cecil Group under its agreement with the City of Norwich; and WHEREAS, the Norwich Redevelopment Agency (RDA) coordinated the preparation of this Norwich Area Wide Brownfield Study with the assistance of the Department of Planning and Neighborhood Services, the Office of Community Development and the office of the City Manager; and WHEREAS, this Norwich Area Wide Brownfield Study including a recommended Action Plan has been presented to the Council of the City of Norwich for its consideration; and WHEREAS, the Council finds that regular updating of this Study would be of assistance to it and in the best interest of the City of Norwich. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Norwich Redevelopment Agency be and hereby is requested to coordinate an annual update of the list of identified Brownfields in the city as contained in the Norwich Area Wide Brownfield Study, assisted by the City Manager and such staff as he may direct to assist, and to report annually to the Council with regard to the same. Mayor Peter Albert Nystrom Upon a motion of Ald. Jaskiewicz, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren. WHEREAS, The State of Connecticut Board of Education (Norwich Technical High School) provides a Health Technology Program to prepare students for certifications, and, WHEREAS, The Rose City Senior Center can provide clinical experience to Norwich Technical High School students at their Preventive Health Clinic, and, 42 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 WHEREAS, it is in the best interest of the students of the Norwich Technical High School and the Rose City Senior Center to participate jointly in a Health Technology Program, NOW, THEREFORE, BE IT RESOLVED BY THE NORWICH CITY COUNCIL, that the City Manager, Alan H. Bergren, is authorized to enter into a Personal Service Agreement with the State Board of Education to provide said services, on behalf of the Rose City Senior Center. Upon a motion of Ald. Bettencourt, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by City Manager Bergren. WHEREAS, Senior Resources Agency on Aging has Federal Title III funds available for Outreach Services to homebound seniors and Preventive Health Services, and, WHEREAS, The Rose City Senior Center provides Outreach Services and Preventive Health Services to Norwich Seniors, and, WHEREAS, it is in the best interest of Norwich Senior Citizens that the Rose City Senior Center continues to apply for said Federal funding in an amount not to exceed $6,500 for Outreach Services and $5,000 for Preventive Health Services, NOW, THEREFORE, BE IT RESOLVED BY THE NORWICH CITY COUNCIL, that the City Manager, Alan H. Bergren, is authorized to apply for funding available through Senior Resources Agency on Aging, on behalf of the Rose City Senior Center. Upon a motion of Ald. Braddock, seconded by Ald. Jaskiewicz, it was unanimously voted to schedule a Public Hearing on August 20, 2012 on the following resolution introduced by City Manager Bergren. WHEREAS, the property owners listed below want to participate in a cost sharing program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: granite curbing and concrete sidewalks will be constructed at the following locations where the property owners will pay for an assessment for the cost of the sidewalks and the City of Norwich will pay for the cost of the curbing and miscellaneous items. Name Address Estimate Kristen M. Day 28 Dunham Street $ 2,268.00 Charles E. & Joann M. Cirrito 6 Western Avenue $ 5,572.00 Jacqueline Caron 5 Treadway Avenue $ 3,780.00 Sheryl A. Springer 380 Washington St. $ 7,988.00 68 North Main LLC 68 North Main Street $ 3,125.00 43 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 6, 2012 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Construction Account #81000 and the Special Assessment Fund, Fund #40000, and that a public hearing be set for the meeting of the City Council on August 20, 2012. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $16,422.00. Upon a motion of Ald. Braddock, seconded by Ald. Bettencourt, on the following resolution introduced by Ald. Braddock, Desaulniers and Hinchey Upon a motion by Bettencourt, seconded by Ald. Noblick it was unanimously voted to refer to Commission on City Plan. Upon a motion by Jaskiewicz, seconded by Ald. Bettencourt to schedule this resolution for action on September 18, 2012. Upon motion to Ald. Desaulniers, seconded by Ald. Noblick it was unanimously voted to adjourn at 9:20 pm. CITY CLERK 44