City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH March 17, 2014 6:30 PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PETITIONS AND COMMUNICATIONS 1. Letter from the Mayor and Alderpersons withdrawing two ordinances. 2. Letter of resignation of William Kenny from the Police Station Committee. 3. Relative to a report from NCDC with respect to the Reid & Hughes redevelopment proposal. 4. Relative to the annual report from the Greeneville Neighborhood Revitalization Zone Committee. 5. Relative to a report by the Heritage Collaboration Hospitality Initiative. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to the appointments to the regular and alternate members of the Ethics Commission. 2. Relative to the appointments of an alternate member to the Personnel & Pension Board. 3. Relative to the appropriated pre-demolition assessment of a structure located at 9 ½ Fountain Street. 4. Relative to an Agreement between the City of Norwich and UPSEU/Dispatchers. 5. Relative to a time amendment to the Personal Service Agreement 2002-20347, Corning Road and Rogers Road Landfill remediation between the State of Connecticut and the City of Norwich. NEW BUSINESS-ORDINANCES 1. AN ORDINANCE PROVIDING FOR REGULATION OF BIDDING AND THE AWARD OF CONTRACTS TO ESTABLISH AN APPRENTICESHIP PROGRAM FOR CERTAIN MUNICIPAL PROJECTS OVER TWO MILLION FIVE HUNDRED THOUSAND DOLLARS. 2. AN ORDINANCE APPROPRIATING $680,000 FOR IMPROVEMENTS TO THE CITY ICE RINK REFRIGERATION SYSTEM AND AUTHORIZING THE ISSUANCE OF $680,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE EXECUTIVE SESSION- Strategy with respect to union contract negotiations-(planned executive session). City Clerk  RESOLUTION #1 BE IT RESOLVED that the following be appointed as a member to the Ethics Commission for a term to expire on October 18, 2015 or until a successor is appointed; Kathryn Lord (U) Patrick McMahon (D) BE IT RESOLVED that the following be appointed as an alternate member to the Ethics Commission for a term to expire on October 18, 2015 or until a successor is appointed; Christopher Dixon (D) Carol Menard (U) Mayor Deberey Hinchey President Pro-tem Pete Desaulniers  RESOLUTION #2 BE IT RESOLVED that the following be appointed as an alternate member to the Personnel & Pension Board for a term to expire on December 01, 2015 or until a successor is appointed; Anthony Black (D) Zato Kadambaya (D) Mayor Deberey Hinchey President Pro-tem Pete Desaulniers  RESOLUTION #3 WHEREAS, the city has received an estimate of $2,300 for the pre-demolition assessment for the structure located at 9 ½ Fountain Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the sum of $2,300 be and hereby is appropriated from the Bond Demolition Account 15232‐88110 for the purpose of the pre-demolition assessment for the structure located at 9 ½ Fountain Street. City Manager Alan H. Bergren  RESOLUTION #4 RESOLVED, that the proposed Agreement between the City of Norwich and UPSEU/Dispatchers covering the period between July 1, 2012 and June 30, 2014, be, and the same hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 4-474; and further, that the City Manager, Alan H. Bergren, be, and hereby is, authorized and directed to execute the same in the name of the City. City Manager Alan H. Bergren  RESOLUTION #5 WHEREAS, the State of Connecticut Department of Energy and Environmental Protection has prepared a time extension amendment to the Personal Service Agreement 2002-20347, Corning Road and Rogers Road Landfill remediation between the State of Connecticut and the City of Norwich; and WHEREAS, the State requires a new resolution be adopted by the Norwich City Council authorizing the City Manager to sign the amendment on behalf of the City of Norwich. NOW, THEREFORE, BE IT RESOLVED, that the Norwich City Council hereby authorizes ALAN H. BERGREN, as CITY MANAGER of the CITY OF NORWICH, to sign a time extension amendment to the Personal Service Agreement 2002-20347, Corning Road and Rogers Road Landfill Remediation between the State of Connecticut and the City of Norwich. Mayor Deberey Hinchey  Ordinance #1 AN ORDINANCE PROVIDING FOR REGULATION OF BIDDING AND THE AWARD OF CONTRACTS TO ESTABLISH AN APPRENTICESHIP PROGRAM FOR CERTAIN MUNICIPAL PROJECTS OVER TWO MILLION FIVE HUNDRED THOUSAND DOLLARS NOW THEREFORE, BE IT ORDAINED, BY THE COUNCIL OF THE CITY OF NORWICH that the Code of Ordinances of the City of Norwich be amended by adding a section to be numbered 7‐52 to read as follows: “Sec. 7‐52. Apprentice Program for Certain Public Construction Projects. (a) All contracts for public construction entered into by the City of Norwich valued at an excess of two million five hundred thousand dollars ($2,500,000) shall contain the following provisions for the express purpose of conducting a bona fide apprentice training program: 1. The contractor and all subcontractors, shall, as a condition for bidding or for an award of a subcontract on non‐filed sub‐bid work, verify under oath and in writing at the time of bidding that they comply with the following conditions for bidding and subcontracting and, for the duration of the project, shall comply with the following obligations: A. The contractor and all subcontractors must at the time of bidding maintain or participate in a bona fide apprentice training program as defined by Connecticut Department of Labor for each apprentice‐able trade or occupation represented in the work force that is approved by the Division of Apprentice Training of the Department of Labor. B. The contractor and all subcontractors must register all apprentices with the Division and abide by the apprentice to journeyman ratio for each trade prescribed therein in the performance of any work on the project. C. The contractor and all subcontractors must at the time of bidding furnish at their expense hospitalization coverage and medical benefits for every apprentice on the job at least comparable in value and coverage to the hospitalization and medical benefits provided by the health welfare plans in the applicable craft recognized by The State of Connecticut in establishing minimum wage rates.  D. The contractor and all subcontractors must maintain appropriate industrial accident insurance coverage for every employee apprentice on the project in accordance with Connecticut workers’ compensation laws. E. The contractor and all subcontractors must properly classify the apprentices as employees rather than independent contractors for purposes of the workers’ compensation insurance coverage, unemployment taxes, social security taxes, and income tax withholding. F. The contractor and all subcontractors shall submit certified payroll records for all apprentices to the City of Norwich on a weekly basis. The certified payroll records will be public information and shall include the name, address, and occupational classification of each apprentice. The record shall also include the rate of pay and any deductions taken from the above established requirements. G. The contractor and all subcontractors must at the time of bidding certify that all apprentices to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least ten (10) hours in duration at the time each apprentice begins work and who shall furnish documentation of successful completion upon request. H. The contractor and subcontractors shall comply with the obligations A‐G as heretofore required for the entire duration of their work on the project, and an officer of the contractor and subcontractor shall certify under oath in writing on a weekly basis compliance with said obligations to carry out the apprenticeship program. 2. Any contractor or subcontractor who fails to comply with any one or more of the obligations A‐H as set forth in sub‐section (a)(1) above for any period of time as determined by the City of Norwich, or a court, state, or federal agency, shall be deemed to have violated the obligation(s) set forth in subsection (a)(1) and shall be subject to one or more of the following sanctions: (A) cessation of work on the project until compliance is obtained to the satisfaction of the City Manager; (B) withholding of payment due under any contract or subcontract until compliance is obtained to the satisfaction of the City of Norwich; (C) permanent removal from the project with no right to future payments; and (D) liquidated damages payable to the City of Norwich equal to 5% of the dollar value of the contract in addition to reasonable attorneys’ fees incurred arising out of a violation of this ordinance.  3. Any contractor and subcontractors subject to this ordinance must make reasonable efforts to employ qualified residents of the City of Norwich, minorities and/or women as apprentices on each public construction project, when available. The contractor and subcontractors will provide documentation of proof of Norwich residency, minority status, and gender classification in conjunction with the payroll records required pursuant to Paragraph (a)(1)(F) of this section. 4. If any provision of this ordinance, or the application of such provision to any person or circumstances, shall be enjoined or held to be invalid, the remaining provisions of the ordinance, or the application of such provisions to other persons or circumstances other than that which is enjoined or held invalid shall not be affected thereby. 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. (b) This ordinance shall become effective after its passage as set forth in Chapter V of the Norwich City Charter.” Mayor Deberey A. Hinchey  ORDINANCE #2 AN ORDINANCE APPROPRlATING $680,000 FOR IMPROVEMENTS TO THE CITY ICE RINK REFRIGERATION SYSTEM AND AUTHORIZING THE ISSUANCE OF $680,000 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 $680,000 is appropriated for the planning acquisition and construction of replacement of the refrigeration unit at the ice rink along with other related energy efficiency improvements, including but not limited to the replacement of the compressor, wheel and seals of the dehumidification system, snow melt pit coil, refrigeration headers, installation of a low-emissivity ceiling, and such other improvements as may be required or recommended in the course or work or in accordance with the report of MMD McLaughlin Management and Design, dated February 22, 2014. The appropriation shall include related appurtenances, improvements and equipment, or for so much thereof or such additional equipment and improvements as may be accomplished within said appropriation, and for architectural, engineering and consultant fees and related services, administrative, advertising, printing, legal and financing costs. Section 2. The total estimated cost of the project is $680,000. 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 $680,000 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 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. Capital project revenues, including bid premiums and income derived from the investment of proceeds from bonds issued pursuant to this resolution (and net investment income derived from the investment of note proceeds) are authorized to be credited by the Director of Finance to the project account and expended to pay project expenses customarily paid there from, provided that such expenditures shall be applied against the appropriation, and the bond authorization shall be reduced by the amount of capital project revenues so credited, and provided further that earnings from the investment of note proceeds shall first be applied by the Director of Finance to pay note interest expense. The bonds shall be in the denomination of $},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 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 ofthe 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, 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 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. President Pro-tern Pete Desaulniers Alderman Mark M. Bettencourt