City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH March 3, 2014 7:30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: February 3 and 18, 2014 PUBLIC HEARINGS 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 SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Report from the 59 and 61 School Street Committee. 2. Report from the Fountain Street Committee. 3. Report from the Police Station Committee. 4. Report from the NCDC regarding the Reid & Hughes Building. 5. Announcement from Bob Farwell, Otis Library. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to an appointment to the Southeast Area Transit District (SEAT). 2. Relative to appointments of regular members to the Uncas Health District. 3. Relative to a reappointment to the Personnel and Pension Board. 4. Relative to reappointments of alternates to the Senior Affairs Commission. 5. Relative to transferring $20,000 Capital Budget Funding from the self-contained breathing apparatus packs to a dive truck for the Taftville Volunteer Fire Departments. 6. Relative to an appointment to the Mohegan Park Improvement & Development Advisory Committee. 7. Relative to the formation of the 631 West Main Street Committee of Sale. 8. Relative to the formation of the 105 Chestnut Street Committee of Sale. NEW BUSINESS -ORDINANCE 1. AN ORDINANCE ADOPTED PURSUANT TO SECTION 18 OF CHAPTER VII OF THE CHARTER OF THE CITY OF NORWICH REDEFINING THE PAID FIRE DEPARTMENT IN THE CITY CONSOLIDATION DISTRICT TO BE A GENERAL BENEFIT AND FOR GENERAL GOVERNMENTAL PURPOSES, THE COST OF WHICH SHALL BE BORNE BY ALL OF THE INHABITANTS OF THE CITY OF NORWICH 2. AN ORDINANCE ADOPTED PURSUANT TO SECTION 18 OF CHAPTER VII OF THE CHARTER OF THE CITY OF NORWICH AMENDING ORDINANCE NO. 1120 AND REDEFINING THE VOLUNTEER FIREMEN PENSION FUND TO BE A GENERAL BENEFIT OF THE CITY OF NORWICH AND FOR GENERAL GOVERNMENTAL PURPOSES, THE COST OF WHICH SHALL BE BORNE BY ALL THE INHABITANTS OF THE CITY OF NORWICH EXECUTIVE SESSION 1. Strategies and negotiation with respect to pending litigation – (planned executive session). City Clerk  PUBLIC HEARING #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 TEJ\t1PORARY 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 $800,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the tenth year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the iss.uance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of$l,OOO or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed 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, 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 ofthe 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 oflaw 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 defmed 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  RESOLUTION #1 BE IT RESOLVED that the below named be appointed as a regular member of the Southeast Area Transit District (SEAT) with a term to expire on December 07, 2015 or until a successor is appointed: Pete Desaulniers (D) Mayor Deberey Hinchey  RESOLUTION #2 BE IT RESOLVED that the below named be re-appointed as a regular member of the Uncas Health District with a term to expire on January 09, 2015 or until a successor is appointed: Frank J. Jacaruso, Jr. (D) 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 09, 2015 or until a successor is appointed: Jane O’Friel (D) Mayor Deberey Hinchey President Pro Tem Pete Desaulniers  RESOLUTION #3 BE IT RESOLVED that the following be re-appointed as a regular member to the Personnel & Pension Board for a term to expire on March 1, 2016 or until a successor is appointed; Shiela Hayes (D) Mayor Deberey Hinchey President Pro-tem Pete Desaulniers  Resolution #4 BE IT RESOLVED that the below named be re-appointed as alternate members of the Senior Affairs Commission with a term to expire on September 01, 2015 or until a successor is appointed: Frank Jacaruso, Jr. (D) Janice Steward (D) Mayor Deberey Hinchey President Pro Tem Pete Desaulniers  RESOLUTION #5 WHEREAS, the Council of the City of Norwich including funding in its 2013-14 Capital Budget of $36,750 for the Taftville Volunteer Fire Department for the purpose of replacing self- contained breathing apparatus packs; and WHEREAS, the Taftville Volunteer Fire Department has determined that it would not be purchasing these packs until fiscal year 2015-16; and WHEREAS, the Taftville Volunteer Fire Department has requested to apply $20,000 of the funds in the Capital Budget which had been allocated for the purpose of replacing self-contained breathing apparatus packs towards the replacement of the dive truck. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the 2013-14 Capital Budget for the Taftville Volunteer Fire Department be and hereby is amended to reduce $20,000 funding for the purpose of replacing self-contained breathing apparatus packs and add $20,000 funding for replacement of the dive truck. Ald. Mark M. Bettencourt Ald. William Nash Ald. Sofee Noblick  RESOLUTION #6 BE IT RESOLVED that the below named be appointed as a regular member of the Mohegan Park Improvement and Development Advisory Committee with a term to expire on 12/31/2014 or until a successor is appointed: Mikel Middleton (R) Mayor Deberey Hinchey  RESOLUTION #7 WHEREAS, the City of Norwich through a tax foreclosure became the owner of certain real property known as 631 West Main Street, shown in the records of the Norwich Tax Assessor as Map 108, Block 3, Lot 86; and WHEREAS, on May 7, 2012 the Council of the City of Norwich appointed a committee known as the 631 West Main Street Advisory Committee to evaluate the property and provide a recommendation to the Council as to the disposition of the property; and WHEREAS, on October 15, 2012 the Council approved an expenditure of $1,540 for environmental testing with respect to the property; and WHEREAS, the 631 West Main Street Advisory Committee set an interim goal with respect to the property of eliminating blight and limiting the City’s liability with an end goal that efforts should be made to eliminate the existing curb cut and encourage a larger development; and WHEREAS, the 631 West Main Street Advisory Committee recommended to the Council of the City of Norwich that the structure on the site be demolished; and WHEREAS, the Council of the City of Norwich appropriated $25,000 for the demolition of the structure which demolition has been completed; and WHEREAS, the Council of the City of Norwich finds that the property is too small to be used for a stand‐alone development and a division of the parcel between adjoining commercial properties or the incorporation of the parcel into one of the adjoining commercial properties will best serve the goals established by the 631 West Main Street Advisory Committee and the Council of the City of Norwich NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that a committee to be known as the 631 West Main Street Committee of Sale (“Committee”) be and hereby is appointed to prepare guidelines for the sale or disposition of 631 West Main Street Advisory Committee as described herein, to notify the adjoining commercial property owners of the interest to the City of Norwich in selling this property; to consider any duly made proposal of said adjoining commercial property owners; to recommend to the Council of the City of Norwich whether it finds any proposal would better serve the interest of the City of Norwich or whether the property should be auctioned to the highest bidder, bidding limited to the adjoining commercial property owners; to obtain a minimum bid price from the city tax collector should it recommend the property be disposed of by auction and to make its recommendations to the Council of the City of Norwich for its consideration by a report to be submitted on or before the first meeting of the Council of the City of Norwich in the month of July 2014. AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the “Committee” shall consist of the following: Gary Schnip Jim Quarto Rich Caron Andy Zeeman Sofee Noblick Joe East Tucker Braddock Staff: Jim Troeger Alderwomen Sofee Noblick  RESOLUTION #8 WHEREAS, the City of Norwich has been the owner for several years of property located at 105 Chestnut Street further described as Map 93, Block 3, Lot 38; and WHEREAS, the Council finds that the existing structure on 105 Chestnut is in significant disrepair and requires either renovation or demolition; and WHEREAS, other city owned properties including 122 Chestnut Street, in the immediate area may support the renovation of 105 Chestnut Street or a project on the site following demolition; and WHEREAS, it is the opinion of the Council of the City of Norwich that other parcels of property located in the immediate area of 105 Chestnut Street may be of use of support of development of 105 Chestnut Street or other properties in the immediate neighborhood NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that a committee be known as the 105 Chestnut Street Committee of Sale (“Committee”) be and hereby is appointed to prepare guidelines for the disposition through sale or other transfer for the redevelopment, or other reuse, of 105 Chestnut Street and other properties described herein, to consider whether such can best be accomplished by Requests for Proposals for rehabilitation, redevelopment or other reuse, of all of the properties described herein or by auction, and , should auction be its recommendation, to obtain a minimum bid price from the tax collector, to consider whether 105 Chestnut Street and other adjoining properties should be conveyed by the City of Norwich by tax collector’s auction, or otherwise utilized or disposed of, and to make its recommendations to the Council of the City of Norwich for its consideration by report to be submitted on or before the first meeting of the Council of the City of Norwich in the month of July 2014; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the “Committee” shall consist of the following: Gary Schnip Jim Quarto Rich Caron Andy Zeeman Sofee Noblick Joe East Tucker Braddock Staff: Jim Troeger Alderwoman Sofee Noblick  Ordinance #1 AN ORDINANCE ADOPTED PURSUANT TO SECTION 18 OF CHAPTER VII OF THE CHARTER OF THE CITY OF NORWICH REDEFINING THE PAID FIRE DEPARTMENT IN THE CITY CONSOLIDATION DISTRICT TO BE A GENERAL BENEFIT AND FOR GENERAL GOVERNMENTAL PURPOSES, THE COST OF WHICH SHALL BE BORNE BY ALL OF THE INHABITANTS OF THE CITY OF NORWICH WHEREAS, the Charter of the City of Norwich at Chapter VII, Section 18 provides: “It is the intent of this Charter that taxes in the City of Norwich shall be levied insofar as possible in equitable proportion to the benefits and services received by its inhabitants. To this end the cost of services, facilities and improvements which are of general benefit and for general governmental purposes shall be borne by all of the inhabitants of the city;” and WHEREAS, as of the effective date of this provision in the Charter, March 16, 1965, certain services, facilities and improvements were not deemed of general benefit to the city, but to benefit specifically some distinct area of the city or a particular segment of the inhabitants of the city; and WHEREAS, this provision of the Charter at Chapter VII, Section 18 (3) lists “[T]he paid fire department in the city consolidation district” as of a special benefit nature; and WHEREAS, the Charter at Chapter VII, Section 18 states that “these special benefits and general benefits may be redefined from time to time by the City Council;” and WHEREAS, the paid fire department in the city consolidation district, among other services, provides emergency protection to numerous schools, the Norwich Free Academy, the Norwich Regional Technical School, the Backus Hospital complex, religious institutions of all faith, facilities and installation of Norwich Public Utilities including two gas distribution systems, the sewage treatment plant and pump stations, the data center and the Norwich emergency operation center, the 2nd and 10th street hydroelectric generation plants, the Norwich Public Utilities operational facility, city hall, Norwich Human Services, the Otis Library, the Norwich Police Department and acts as the response team for Norwich Public Utilities and as critical component to respond to the chlorination treatment plant at both the Norwich and Deep River facilities; and WHEREAS, the Council of the City of Norwich recognizes that Norwich and its inhabitants enjoy substantial benefits from its strong system of a paid fire department located in the city consolidation district and volunteer fire companies located throughout the City of Norwich, the benefits including superior and efficient fire protection throughout the city; and WHEREAS, the Council of the City of Norwich recognizes that the duties, responsibilities, and requirements of properly equipping, training, staffing, and controlling the paid fire department in the city consolidation district and the volunteer fire companies have evolved significantly since 1965; that the demands and costs of providing appropriate protection to the inhabitants and public and private structures of Norwich have increased and in all likelihood will continue to increase; and that hazards and risks, including concentrations of inhabitants and structures, are now more numerous and more dispersed throughout the city than in 1965 and public safety requires fast and often integrated response to emergencies for the protection of life and property; and WHEREAS, the provision of adequate and appropriate measures and methods throughout the City of Norwich for public safety and public health, including those for the safeguarding of life and property, is a general benefit to all of the inhabitants of Norwich NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH Section I. The Council of the City of Norwich hereby finds and determines that the existing paid fire department in the city consolidation district, its facilities, improvements, and costs of services are for the general benefit to the City of Norwich Section II. The Council shall annually levy as part of a general tax on the City of Norwich to pay for the cost of the paid fire department in the city consolidation district to include, its costs of services, facilities, and improvements, which are hereby determined and declared to be necessary and conducive to the protection of the public safety, health and welfare and for the convenience of the City of Norwich Section III. Any tax ordinance to be introduced by the city manager as subsequently passed by the Council and any appropriation introduced and passed by the Council shall no longer be considered to be a special tax required for a special benefit as defined in Section 18 of Chapter VII of the Charter of the City of Norwich for a paid fire department in the city consolidated district as it is now a general benefit Section IV. Any ordinance or parts of an ordinance inconsistent with the provision of this ordinance are hereby repealed and rescinded Section V. If any provision of this ordinance or the application hereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of any other part of this ordinance that can be given effect without the invalid provisions or applications; and to this end, the provisions of this ordinance and the various applications thereof are declared to be severable Section VI. This ordinance shall take effect upon the elapsing of 10 days following the passage and publication of the ordinance as provided in the Charter of the City of Norwich Mayor Deberey A. Hinchey Alderwoman Sofee Noblick Alderman William Nash  ORDINANCE #2 AN ORDINANCE ADOPTED PURSUANT TO SECTION 18 OF CHAPTER VII OF THE CHARTER OF THE CITY OF NORWICH AMENDING ORDINANCE NO. 1120 AND REDEFINING THE VOLUNTEER FIREMEN PENSION FUND TO BE A GENERAL BENEFIT OF THE CITY OF NORWICH AND FOR GENERAL GOVERNMENTAL PURPOSES, THE COST OF WHICH SHALL BE BORNE BY ALL THE INHABITANTS OF THE CITY OF NORWICH WHEREAS, Ordinance No. 1120, adopted by the Council of the city of Norwich on June 1, 1987, considered the Volunteer Firemen Pension Fund to be a special benefit to the inhabitants of the town consolidated district, and created a special tax district for said benefit; and WHEREAS, the Charter at Chapter VII, Section 18 defines special and general benefits and authorizes the City Council to redefine the same from time to time; and WHEREAS, the protection of property and persons within the limits of the City of Norwich from fire and other hazards is provided by a strong six (6) department system consisting of a paid fire department and five (5) volunteer fire companies NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH Section I. The Council of the City of Norwich hereby finds and determines that the Volunteer Firemen Pension Fund is of a general benefit to the City of Norwich Section II. Ordinance No. 1120 be and hereby is amended as follows: BE IT ORDAINED THAT THE COUNCIL OF THE CITY OF NORWICH considers the Volunteer Firemen Pension Fund to be of special benefit general benefit to the inhabitants of the town consolidated district City of Norwich. and hereby creates a special tax district for said benefit. Section III. Any ordinances or parts of any ordinance inconsistent with the provisions of this ordinance are hereby repealed and rescinded. Section IV. If any provision of this ordinance or the application hereof to any person or circumstances is held to be invalid, said invalidity shall not affect other provisions or applications of any other part of this ordinance that can be given effect without the invalid provisions or application, and to this end, the provisions of this ordinance and the various applications thereof are declared to be severable Section V. This ordinance shall take effect upon the elapsing of 10 days following the passage and publication of the ordinance as provided in the Charter of the City of Norwich Mayor Deberey A. Hinchey Alderwoman Sofee Noblick Alderman William Nash