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City Council

Regular Meeting

Norwich, CT · February 18, 2014

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 A regular meeting of the Council of the City of Norwich was held February 18, 2014 at 6:30 PM in Council Chambers. Present: Aldermen Desaulniers, Noblick, Eyberse, Bettencourt, Nash and Mayor Hinchey. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Ald. Wilson was absent. Mayor Hinchey presided. Ald. Bettencourt read the opening prayer and Ald. Noblick led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. Barry Ellison, Director of Norwich Public Works, stated the original snow budget was $360,000 and now at $420,000 before today’s storm. This is 20% over budget. There is no danger of running out of salt with six more weeks of winter. Mark Cook, 62 Gulliver Circle, spoke in support of the education budget stating that the project’s the City is doing is not more important than the Norwich Public School budget. Stated it is our duty (the City) to provide funding for the best education of our children. Michael Kaiser, 17 Harland Rd, asked for funding for the education budget. He stated he has five children and has seen the services and opportunities decrease from his older children to his young children. He asked to make education a priority. David Crabb, 47 Prospect St, stated the GDP has been growing and the downtown emptied with the revaluation increase in 1988. The power to tax is the power to destroy. Joanne Philbrick, 10 Elm Ave, please with the Mayors secretary, appreciated the web site being cleaned up also asked if there can be individual pictures of the Council members on the web site. Respected the previous speakers about the education budget but stated it shouldn’t be the “only” thing examined. Asked how many vacant housing units are available. John Blackburn, 10 Alice St, talked about the education budget going up and how his salary hasn’t been increased since 2010. He stated 5% is unacceptable. Mayor Hinchey declared citizen comment closed. Upon a motion of President Pro Tem Desaulniers, seconded by Ald. Nash, it was unanimously voted to accept the letter of resignation of Martin C. Shapiro from the Police Station Committee with regrets and thanked him for his services. Upon a motion of Ald. Bettencourt, seconded by Ald. Noblick it was unanimously voted to accept the report from NCDC for the Comprehensive Plan Update. City Manager Alan Bergren gave his report as followed: 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 DATE: February 18, 2014 TO: Mayor Deberey Hinchey & Council Members FROM: Alan H. Bergren, City Manager SUBJECT: City Manager’s Report 1. Proposed Technology Bond The most critical projects that the City would begin to be able to address with the proposed technology bond would be: • City department-wide (Police, Fire, Public Works, City Hall, Human Services, Planning, Community Development, Senior Center, Recreation) centralization and tie-in of the telephone system, ISP and email to be delivered over Norwich Public Utilities fiber-optic network. (approximately $360,000) • Upgrade servers and a reduction in the number of multiple individual servers to a few. This will enable ease of future upgrading and servicing of systems and potentially reduce the need for additional IT staff to maintain and service the City systems. (approximately $250,000) • The remaining amount of the bond (approximately $190,000) would be used towards a draft list of other technology upgrades which will be prioritized and dependent on cost. This could include security upgrades for the Police Department, cameras and tablets in cruisers and Building Department software updates. Having the technology bond in place would enable the City to begin work on some of these most critical needs right away and then seek other funding strategies; such as grants or future capital budgets for other projects over time. 2. Public Works Public Works crews, with assistance from the Police and NPU, will be removing snow from the downtown and other narrow City streets beginning tomorrow morning at 6:00 a.m. They will continue this effort through at least Friday, and perhaps beyond if conditions warrant. Tomorrow one crew will begin on Broad Street by NFA and the other at Courthouse Square. 3. Quarterly Departmental Reports Attached, for your perusal, are the second quarter reports for FY 2013-14. 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. 4. Volunteers Needed! There are currently alternate and regular member vacancies on the following Council appointed Boards/Committees/Commissions: Baseball Stadium Authority, Building Code Board of Appeals, Commission on the City Plan, Ethics Commission, Personnel & Pension Board, Volunteer Fire Fighter Relief Fund, Rehab Review Committee & the Senior Affairs Commission. For more information, minutes from past meetings, specific qualifications (if any) and to fill out an application, please visit the City’s website, www.norwichct.org or call the Mayor’s office at (860) 823-3742. In addition to any Board specific qualifications, volunteers must be current on taxes and resident electors of the City. 5. Citizen Charter Input 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 Citizens can go to the City’s website at www.norwichct.org to submit suggestions or ask questions on charter revision. The organizational meeting of the Charter Revision Commission was held on January 22, 2014. The public hearing is scheduled for Thursday February 13, 2014 at 6:30PM in Room 335 at City Hall. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 Mayor Hinchey called for citizen comment. David Crabb, 47 Prospect St spoke in opposition to resolution # 7 stating fees paid to outside contractors for their expertise in a particular field is the definition of Professional Services. He stated the budget dictates the rules for hiring agencies. Joanne Philbrick, 10 Elm Ave, talked about the appointments and setting term limits. She was concerned about NCDC and how much the city tends to point there way. Mayor Hinchey declared citizen comment closed. Upon a motion of Ald. Desaulniers, seconded by Ald. Bettencourt, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey and President Pro Tem Desaulniers. BE IT RESOLVED that the below named be re-appointed as regular members of the Commission on the City Plan with a term to expire on February 29, 2016 or until a successor is appointed: Les B. King (R) P. Michael Lahan (D) Ralph Page (D) Upon a motion of Ald. Nash, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey and President Pro Tem Desaulniers. BE IT RESOLVED that the below named be re-appointed as regular members of the Norwich Baseball Stadium Authority with a term to expire on October 31, 2015 or until a successor is appointed: Gary Carignan (D) Thomas L. Cummings (D) Robert Demars (R) Michael E. Jewell Sr. (D) Sean Ryan (D) Gary Schnip (R) Peter Slocum (U) Upon a motion of Ald. Nash, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey and President Pro Tem Desaulniers. BE IT RESOLVED that the below named be re-appointed as regular members of the Recreation Advisory Board with a term to expire on March 14, 2015 or until a successor is appointed: John Iovino (D) Robert Spayne (D) Raymond Stewart (D) 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 Upon a motion of Ald. Eyberse, seconded by Ald. Noblick, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey and President Pro Tem Desaulniers. BE IT RESOLVED that the below named be re-appointed as regular members of the Senior Affairs Commission with a term to expire on September 1, 2015 or until a successor is appointed: Margaret M. Aldrich (R) Genevieve S. Bergendahl (D) Olive J. Buddington (D) P. Michael Lahan (D) Jacquelyn W. Randall (D) Upon a motion of Ald. Nash, seconded by President Pro Tem Desaulniers, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey and President Pro Tem Desaulniers. BE IT RESOLVED that the below named be re-appointed as regular members of the Southeastern CT Regional Resource Recover Authority with a term to expire on December 31, 2016 or until a successor is appointed: Barry Ellison Patrick McLaughlin (Alternate) Upon a motion of Ald. Noblick, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. WHEREAS, the Council of the City of Norwich, by resolution adopted October 21, 2013, provided, pursuant to Section 9-169 of the Connecticut General Statutes, that voting precinct 5 be divided into two voting precincts to be known as precinct 5 and precinct 6, recognizing that the Registrar of Voters would identify one or more suitable polling places within precinct 5 and precinct 6 and seek the approval of the Council to utilize the same; and WHEREAS, the Registrars of Voters have identified St. Mark’s Lutheran Church at 248 Broadway as a suitable polling place within precinct 5 and properties of AHEPA 110, Inc. located at 380 Hamilton Avenue as a suitable polling place in precinct 6 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the St. Mark’s Lutheran Church at 248 Broadway be designated as the polling place for precinct 5 and the property of AHEPA 110, Inc. located at 380 Hamilton Avenue be designated as the polling place for precinct 6. Upon a motion of Ald. Noblick, seconded by Ald. Desaulniers, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey and President Pro Tem Desaulniers. 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 WHEREAS, Connecticut General Statute §8‐23 requires municipalities to prepare or amend and adopt a plan of conservation and development for the municipality at least once every ten years, establishing parameters to be considered in preparing the plan and items to be included in the plan; and WHEREAS, the City of Norwich is to prepare a Comprehensive Plan Update as part of its review of the Plan of Conservation and Development; and WHEREAS, the Norwich Community Development Corporation through its present staffing, has the technical expertise to prepare a Comprehensive Plan Update and has offered to do so for the City of Norwich; and WHEREAS, said Comprehensive Plan Update would provide the following: • Provide timeline and tasks • Assist with creating Steering Committee • Analysis of existing zoning ordinance and map • Recommend amendments and/or deletions/corrections • Facilitate meetings with Steering Committee and other stakeholders (City Council, City Commissions & Agencies, Public) • Facilitate required public hearings on drafts • Prepare materials/presentations for meetings • Prepare final zoning ordinance document & map • Facilitate adoption • Coordinate printing & distribution; and WHEREAS, the Council of the City of Norwich finds that the Norwich Community Development Corporation, as the longtime development agency for the City of Norwich, designated such pursuant to Connecticut General Statute §8‐188, is uniquely positioned to perform this service for the City of Norwich consistent with the development goals of the City of Norwich; and WHEREAS, the Norwich Community Development Corporation has proposed to perform a Comprehensive Plan Update for an estimated fee of $50,000; and WHEREAS, the City of Norwich has set aside funds for a Comprehensive Plan Update NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the sum of $50,000 be and hereby is appropriated for purposes of a Comprehensive Plan Update, $4,000 from account 10211‐80015 and $46,000 from account 10214‐80015. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Norwich Community Development Corporation be selected, subject to it remaining qualified, capable, and competent to perform the Comprehensive Plan Update, to provide a Comprehensive Plan Update for the City of Norwich and that City Manager Alan H. Bergren be and hereby is authorized and directed to enter into an agreement satisfactory to him retaining the Norwich Community Development Corporation, 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 subject to the terms and conditions described herein, to prepare a Comprehensive Plan Update for the City of Norwich at a cost not to exceed $50,000. Upon motion of Ald. Noblick, seconded by Ald. Nash, it was unanimously voted to schedule a public hearing, second reading and action on March 3, 2014 for the following ordinance introduced by Mayor Hinchey. 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 Upon a motion by Ald. Noblick, second by Ald. Eyberse, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200, for the purpose of discussing strategy and negotiation with respect to pending litigation. City Manager Alan H. Bergren shall be asked to participate during all or portions of this Executive Session at the request of the City Council. 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 18, 2014 The council was in Executive Session from 7:20 PM to 7:40 PM, at which time Mayor Hinchey, stated no votes were taken. Upon a motion by Ald. Noblick, seconded by Ald. Nash it was unanimously voted to reconvene. Upon motion to President Pro Tem Desaulniers, seconded by Ald. Nash, it was unanimously voted to adjourn at 7:41 pm. CITY CLERK 26

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH February 18, 2014 6:30 PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PETITIONS AND COMMUNICATIONS 1. Letter from Martin C. Shapiro resigning from the Police Station Committee. 2. Proposal for professional services for the Comprehensive Plan Revisions-NCDC CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to the reappointments to the Commission on the City Plan. 2. Relative to the reappointments to the Norwich Baseball Stadium Authority. 3. Relative to the reappointments to the Recreation Advisory Committee. 4. Relative to the reappointments to the Senior Affairs Commission. 5. Relative to the reappointments to the S.E.C.T. Regional Recovery Authority. 6. Relative to the relocation of polling places Precinct 5 and 6. 7. Relative to the authorizing of an agreement with NCDC to provide professional services for the revision to the Comprehensive Plan. NEW BUSINESS ORDINANCE 1. AN ORDINANCE APPROPRIATING $800,000 FOR CITY OF NORWICH TECHNOLOGY IMPROVEMENTS (2014) AND AUTHORIZING THE ISSUE OF $800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE EXECUTIVE SESSION 1. Strategy to claims and litigations. City Clerk RESOLUTION #1 BE IT RESOLVED that the below named be re-appointed as regular members of the Commission on the City Plan with a term to expire on February 29, 2016 or until a successor is appointed: Les B. King (R) P. Michael Lahan (D) Ralph Page (D) Mayor, Deberey A. Hinchey President Pro Tem, Pete Desaulniers RESOLUTION #2 BE IT RESOLVED that the below named be re-appointed as regular members of the Norwich Baseball Stadium Authority with a term to expire on October 31, 2015 or until a successor is appointed: Gary Carignan (D) Thomas L. Cummings (D) Robert Demars (R) Michael E. Jewell Sr. (D) Sean Ryan (D) Gary Schnip (R) Peter Slocum (U) Mayor, Deberey A. Hinchey President Pro Tem, Pete Desaulniers RESOLUTION #3 BE IT RESOLVED that the below named be re-appointed as regular members of the Recreation Advisory Board with a term to expire on March 14, 2015 or until a successor is appointed: John Iovino (D) Robert Spayne (D) Raymond Stewart (D) Mayor, Deberey A. Hinchey President Pro Tem, Pete Desaulniers RESOLUTION #4 BE IT RESOLVED that the below named be re-appointed as regular members of the Senior Affairs Commission with a term to expire on September 1, 2015 or until a successor is appointed: Margaret M. Aldrich (R) Genevieve S. Bergendahl (D) Olive J. Buddington (D) P. Michael Lahan (D) Jacquelyn W. Randall (D) Mayor, Deberey A. Hinchey President Pro Tem, Pete Desaulniers RESOLUTION #5 BE IT RESOLVED that the below named be re-appointed as regular members of the Southeastern CT Regional Resource Recover Authority with a term to expire on December 31, 2016 or until a successor is appointed: Barry Ellison Patrick McLaughlin (Alternate) Mayor, Deberey A.Hinchey President Pro Tem, Pete Desaulniers RESOLUTION #6 WHEREAS, the Council of the City of Norwich, by resolution adopted October 21, 2013, provided, pursuant to Section 9-169 of the Connecticut General Statutes, that voting precinct 5 be divided into two voting precincts to be known as precinct 5 and precinct 6, recognizing that the Registrar of Voters would identify one or more suitable polling places within precinct 5 and precinct 6 and seek the approval of the Council to utilize the same; and WHEREAS, the Registrars of Voters have identified St. Mark’s Lutheran Church at 248 Broadway as a suitable polling place within precinct 5 and properties of AHEPA 110, Inc. located at 380 Hamilton Avenue as a suitable polling place in precinct 6 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the St. Mark’s Lutheran Church at 248 Broadway be designated as the polling place for precinct 5 and the property of AHEPA 110, Inc. located at 380 Hamilton Avenue be designated as the polling place for precinct 6. Mayor, Deberey A. Hinchey RESOLUTION #7 WHEREAS, Connecticut General Statute §8‐23 requires municipalities to prepare or amend and adopt a plan of conservation and development for the municipality at least once every ten years, establishing parameters to be considered in preparing the plan and items to be included in the plan; and WHEREAS, the City of Norwich is to prepare a Comprehensive Plan Update as part of its review of the Plan of Conservation and Development; and WHEREAS, the Norwich Community Development Corporation through its present staffing, has the technical expertise to prepare a Comprehensive Plan Update and has offered to do so for the City of Norwich; and WHEREAS, said Comprehensive Plan Update would provide the following: • Provide timeline and tasks • Assist with creating Steering Committee • Analysis of existing zoning ordinance and map • Recommend amendments and/or deletions/corrections • Facilitate meetings with Steering Committee and other stakeholders (City Council, City Commissions & Agencies, Public) • Facilitate required public hearings on drafts • Prepare materials/presentations for meetings • Prepare final zoning ordinance document & map • Facilitate adoption • Coordinate printing & distribution; and WHEREAS, the Council of the City of Norwich finds that the Norwich Community Development Corporation, as the longtime development agency for the City of Norwich, designated such pursuant to Connecticut General Statute §8‐188, is uniquely positioned to perform this service for the City of Norwich consistent with the development goals of the City of Norwich; and WHEREAS, the Norwich Community Development Corporation has proposed to perform a Comprehensive Plan Update for an estimated fee of $50,000; and WHEREAS, the City of Norwich has set aside funds for a Comprehensive Plan Update NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the sum of $50,000 be and hereby is appropriated for purposes of a Comprehensive Plan Update, $4,000 from account 10211‐ 80015 and $46,000 from account 10214‐80015. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Norwich Community Development Corporation be selected, subject to it remaining qualified, capable, and competent to perform the Comprehensive Plan Update, to provide a Comprehensive Plan Update for the City of Norwich and that City Manager Alan H. Bergren be and hereby is authorized and directed to enter into an agreement satisfactory to him retaining the Norwich Community Development Corporation, subject to the terms and conditions described herein, to prepare a Comprehensive Plan Update for the City of Norwich at a cost not to exceed $50,000. Mayor Deberey A. Hinchey President Pro Tem, Pete Desaulniers ORDINANCE #1 AN ORDINANCE APPROPRIATING $800,000 FOR CITY OF NORWICH TECHNOLOGY IMPROVEMENTS (2014) AND AUTHORIZING THE ISSUE OF $800,000 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 $800,000 is appropriated for the planning, acquisition and construction of City of Norwich Technology Improvements (2014) including voice over internet protocol phone systems, server consolidation and improvements, wiring upgrades, HVAC centralized controls, police cruiser technology improvements, employee self-service implementation, timeclock system, internet and email delivery system improvements, building permit software, accounts receivable software, computer assisted design software, large format scanner/printer, technology system upgrades, and for appurtenances, equipment services, consultants, and warranties related thereto or for so much thereof or such additional improvements as may be accomplished within said appropriation, and for administrative, advertising, printing, legal and financing costs to the extent paid therefrom. Said appropriation shall be in addition to grant funding and all prior appropriations for.said purpose. Section 2. The total estimated cost of the project is $800,000. 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 ten years. The project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation $800,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the tenth year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of$l,OOO or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed iIi 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 arid 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, Attorneys-At-Law, Bond Counsel 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, auction or similar 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. 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, Attorneys-At-Law, Bond Counsel 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 the issue of all, or a portion of, the Bonds, Notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City 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 bond," or "Build America Bonds" including Direct Payment and Tax Credit versions. Mayor Deberey A. Hinchey

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