City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH February 3, 2014 7:30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: January 6, 21 and 27, 2014 PUBLIC HEARINGS 1. AN ORDINANCE AMENDING SECTION 8-3 OF THE NORWICH CODE OF ORDINANCES TO FURTHER DEFINE THE INTENDED EVENTS TO BE COVERED 2. AN ORDINANCE AMENDING SECTION 8-4 OF THE NORWICH CODE OF ORDINANCES TO DEFINE UNLAWFUL CONDUCT IN CONNECTION WITH FIRE OFFICIALS. SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Audit presentation from Blum Shapiro PC. 2. Letter notifying the resignation of Robert E. Davidson from the Ethics Commission. CITY MANAGER’S REPORT OLD BUSINESS RESOLUTIONS 1. Relative to Blum Shapiro PC being appointed to perform 2013-2014 audits. CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to an appointment to the Harbor Management Commission. 2. Relative to appointments of regular members and an alternate member to the Historic District Commission. 3. Relative to an appointment to the Uncas Health District. *4. RESOLUTION APPROPRIATING $85,000 FROM CONTINGENCY ACCOUNT 01090-80086 OR SUCH OTHER CITY ACCOUNTS AS AVAILABLE, TO DEFEASE AND RETIRE CITY OF NORWICH OUTSTANDING 2001 SERIES B (TAXABLE) BONDS, AND TO AUTHORIZE THE IMPLEMENTATION OF THE PAYMENT AND RETIREMENT OF SUCH BONDS. City Clerk * Revised January 30, 2014.  PUBLIC HFARING #1 AN ORDINANCE AMENDING SECTION 8-3 OF THE NORWICH CODE OF ORDINANCES TO FURTHER DEFINE THE INTENDED EVENTS TO BE COVERED WHEREAS, Section 8-3 of the Norwich Code of Ordinances presently makes it illegal to remove fire department equipment placed by the fire department in the course of perfonning its duties during a fire; NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF CITY OF NORWICH, that Section 8-3 of the Norwich Code of Ordinances be and hereby is amended as hereinafter set forth to further define the types of prohibited behaviors, and to expand on the definition of a fire event. Section 8-3. Illegally destroying or removing fire department equipment or hindering an officer in the event of a fire or emergency requiring fire department response during a fire. It shall be unlawful for any person to injure, deface or destroy any city fire apparatus or fire equipment, or to hinder or obstruct any fire department personnel or equipment passing along the streets ofthe city when any fire department or company is responding to or operating at a service calL a fire, or other emergency including any incident in which the fire department may be operating to protect life or property within the City of Norwich, or in any manner to hinder or prevent any officer or member of such department from operating when any fire department or company is responding to or operating at a service calL a fire, or other emergency including any incident in which the fire department may be operating to protect life or property within the City ofNorwich. It shall be unlawful for any person to remove or assist in removing any property or obstruction placed by the fire department in the course of its duties in, upon, or across any street or portion thereof or upon any premises under the control of such department during a fire when any fire department or company is responding to or operating at a service call, a fire, or other emergency including any incident in which the fire department may be operating to protect life or property within the City of Norwich. Purpose: to clarify the types of behavior subject to sanction and expand the defined occurrence from a fire to include service calls or other emergencies. Aldennan William Nash Aldennan Mark M. Bettencourt Alderwoman Sofee Noblick  PUBLIC HFARING #2 AN ORDINANCE AMENDING SECTION 8-4 OF THE NORWICH CODE OF ORDINANCES TO DEFINE UNLAWFUL CONDUCT IN CONNECTION WITH FIRE OFFICIALS WHEREAS, Section 8-4 of the Norwich Code of Ordinances presently makes it unlawful to refuse or obey any order or command of a fire officer at a "fire"; WHEREAS, this Council wishes to expand the definition of the term "fire" and make such violation an infraction. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF CITY OF NORWICH, that Section 8-4 of the Norwich Code of Ordinances be amended as hereinafter set forth to expand the definition of the term "fire" and make such violation an infraction. Section 8-4. Failure to obey orders of officers at a fire emergency. It shall be unlawful for any person to neglect or refuse to obey any order or command of any officer of the fire department in charge of a fire when any fire department or company is responding to or operating at a service call, or other emergency within such municipality including any incident in which the fire department may be operating to protect life or property. Purpose: To remove the term "fire" and make the applicable events more expansive in the ordinance. Alderman William Nash Alderman Mark M. Bettencourt Alderwoman Sofee Noblick  OLD BUSINESS RESOLUTION #1 RESOLVED, that the accounting firm of Blum Shapiro PC be and hereby is, appointed to perform the regular general audit for the City of Norwich (including the Board of Education, Department of Public Utilities, and Community Development) for fiscal year 2013-2014. City Manager Alan H. Bergren  RESOLUTION #1 WHEREAS, City Manager, Alan H. Bergren, proposes, subject to the approval of the Council, to appoint as a regular member of the Harbor Management Commission to fill the vacancy created by the resignation of Lauren Miner, for a term to expire on 12/7/15 or until a successor is appointed the following; H. Tucker Braddock Jr. (D) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby approves the appointment of the above named to the Harbor Management Commission. Mayor Deberey Hinchey City Manager Alan H. Bergren  RESOLUTION #2 BE IT RESOLVED that Pamela Muccilli (U) move from an alternate member to a regular member of the Historic District Commission to fill the vacancy due to the resignation of Malcolm Edgar for a term to expire on December 31, 2014 or until a successor is appointed. BE IT RESOLVED that C. Scott Learned (D) move from an alternate member to a regular member of the Historic District Commission to fill the vacancy due to the resignation of Cort Murphy for a term to expire on December 31, 2015 or until a successor is appointed. BE IT RESOLVED that Timothy Dowhan (D) be appointed as an alternate member to the Historic District Commission for a term to expire on December 31, 2014 or until a successor is appointed. Mayor Deberey Hinchey President Pro Tem Pete Desaulniers  RESOLUTION #3 BE IT RESOLVED that the below named be appointed as a regular member of the Uncas Health District with a term to expire on January 9, 2015 or until a successor is appointed: JoAnn Merolla-Martin (D) Mayor Deberey Hinchey President Pro-tem Pete Desaulniers  RESOLUTION 4 RESOLUTION APPROPRIATING $85,000 FROM CONTINGENCY ACCOUNT 01090-80086 OR SUCH OTHER CITY ACCOUNTS AS AVAILABLE, TO DEFEASE AND RETIRE CITY OF NORWICH OUTSTANDING 2001 SERIES B (TAXABLE) BONDS, AND TO AUTHORIZE THE IMPLEMENTATION OF THE PAYMENT AND RETIREMENT OF SUCH BONDS RESOLVED: Section 1. $85,000 is appropriated from “Contingency Account 01090-80086”, or such other City Accounts as may be available, to pay prior to maturity the outstanding principal of City of Norwich General Obligation Bonds Issue of 2001, Series B (Taxable) Dated April 5, 2001 (the “Bonds”), the current outstanding balance of which is $75,000 after taking into account the budgeted payment on April 1, 2014, and interest due thereon (said outstanding principal and interest due thereon hereafter the “defeasance amount”), and for the payment of all fees and expenses incurred in connection therewith, including redemption price, legal, fiscal and interest rate advisors, underwriting, accounting, escrow and funding verification, investment broker, printing, registrar, transfer and paying and escrow agents, trustee, printing, and such other costs and expenses as are necessary, appropriate or customarily incurred in connection with the defeasance and prepayment of bonds. Section 2. The City Manager and Comptroller (“City Officials”) are delegated authority to make all determinations regarding defeasance and payment of the bonds, including: the aggregate principal amount of and particular maturity of bonds to pay, the date and time of defeasance establishment and prepayment, designation of registration, transfer, paying agent, or verification agent, bond counsel, and service providers to facilitate the defeasance and payment of the bonds, and other terms, details and particulars of the prepayment and all transactions contemplated, appropriate or necessary to accomplish it. Section 3. Without limiting the provisions of Section 2, the City Officials are hereby authorized on behalf of the City to enter into escrow agreements, trust agreements, investment contracts to invest the appropriation pending its use for the purposes herein, including purchasing open market treasury securities or such investments through the State and Local Government Series, to execute or deliver agreements or certificates regarding and attesting to compliance with the provisions of the Internal Revenue Code or Securities and Exchange Commission, to issue notices of redemption and defeasance of the bonds, to provide for payment of the bonds, to execute and deliver such other contracts or certificates necessary or appropriate to consummate the transactions herein contemplated, to contract with agents to act on behalf of the City with respect to any of the foregoing and to apply the appropriation herein authorized for the purposes and expenses herein authorized. Section 4. The provisions of this resolution shall supersede any conflicting resolution or bylaw heretofore adopted, provided nothing herein shall be construed to affect any pledge, lien or security established to secure payment of the Bonds while such bonds are outstanding. Mayor Deberey A. Hinchey President Pro Tem Pete Desaulniers City Manager Alan H. Bergren Here is a brief explanation: The bonds that we issued in 2001 included a small taxable issue related to the Wauregan Hotel project. The market interest rates at that time were higher than they are now in general and taxable bonds carry higher rates than non-taxable rates. As a result, we have an opportunity to pay off the last three years of this bond early which will save us from paying interest at 6.75% on the remaining balance of $75,000. Because of the current low interest environment, we are currently earning less than 1% on the money in our savings account. One more thing to note, our bond counsel used a figure of $85,000, rather than $75,000 to include up to $10,000 for any costs for bank or professional services fees related to this early pay-off. It is highly unlikely that such fees will total more than $1,000-$2,000.