City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH APRIL 21, 2014 6:30 PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PROCLAMATIONS AND SPECIAL OBSERVANCES 1. National Library Week PUBLIC HEARINGS 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 SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Letter of resignation of John J. Mathieu from the Community Development Advisory Committee. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to a resolution scheduling a Public Hearing on the Community Development Block Grant allocation recommendations. 2. Relative to Alan H. Bergren. City Manager is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Document Preservation Grant. 3. Relative to the sale of beer & wine at “The Taste of Italy” food festival to be held September 6, 2014. 4. Relative to the sale of beer & wine at “Rock the Docks 2014” concert series at Howard T. Brown Park. 5. Relative to the sale of beer & wine at “River Fest 2014” to be held on May 31, 2014. City Clerk  PUBLIC HEARING #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  PUBLIC HEARING #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 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 appJ;'opriation, 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 $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Joseph Fasi LLC, 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 of the bonds or notes herein authorized, the Manager and Comptroller are authorized, but not required, to apply original issuance premium and bid premium, if applicable, to fund any purpose for which bonds ofthe 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 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 I 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  RESOLUTION #1 RESOLVED, that a public hearing on the proposed Community Development Advisory Committee allocation recommendations for Community Development Block Grant Program Year 2014 (September 1, 2014 – August 31, 2015) will be held on Monday, May 5, 2014, 7:30 PM in the Council Chambers of City Hall. Mayor Deberey A. Hinchey City Manager Alan H. Bergren  RESOLUTION #2 WHEREAS, the City Clerk’s Office has been approved for an Historic Document Preservation Grant in the amount of $7,500 for converting land records from paper copy to imaged copy; and WHEREAS, there are no matching funds required by the City. THEREFORE, BE IT RESOLVED, that City Manager, Alan Bergren is empowered to execute and deliver in the name and on behalf of this municipality a contract with the Connecticut State Library for an Historic Documents Preservation Grant. Mayor Deberey Hinchey President Pro Tem Pete Desaulniers  RESOLUTION #3 WHEREAS, the Italian Heritage and Cultural Committee of Norwich will once again sponsor ”The Taste of Italy” at the Howard T. Brown Park on September 6, 2014; and WHEREAS, “The Taste of Italy” allows the Italian Community to share its cultural heritage with the Norwich Community and permits festival goers to enjoy the food, music and entertainments of Italy; and WHEREAS, the Italian Heritage and Cultural Committee of Norwich has requested permission to sell beer and wine during the festival. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 13.14.2 of the Norwich Code of Ordinances, the City Manager is authorized to grant the Italian Heritage and Cultural Committee of Norwich permission to serve and sell beer and wine at “The Taste of Italy” festival to be held on September 6, 2014 at the Howard T. Brown Park subject to satisfactory proof that the Italian Heritage and Cultural Committee of Norwich has complied with applicable regulations of the State Liquor Commission. Mayor Deberey A. Hinchey  RESOLUTION #4 WHEREAS, the Norwich Harbor Management Commission and the Greater Norwich Area Chamber of Commerce will be co‐producing “Rock the Docks 2014”, a series of concerts to be held at Howard T. Brown Park from 6:00 P.M. to 8:00 P.M. on the following dates: Wednesday, July 9, 2014 Wednesday, July 16, 2014 Wednesday, July 23, 2014 Wednesday, July 30, 2014 Wednesday, August 6, 2014 Wednesday, August 13, 2014 Wednesday, August 20, 2014; and WHEREAS, “Rock the Docks” will allow the entire community to enjoy a variety of music and entertainment at a scenic location; and WHEREAS, the Greater Norwich Area Business and Industry Foundation, Inc., established through the Greater Norwich Area Chamber of Commerce, proposes to make available beer and wine for sale during the concert series to patrons thereof at a location in Howard T. Brown Park, the proceeds of the sales to be used to support the concert series and the sales to be handled by an appropriately licensed and permitted entity. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that, pursuant to Section 13.14.2 of the Norwich Code of Ordinances, the City Manager is authorized and directed to grant permission to the Greater Norwich Area Business and Industry Foundation, Inc. to arrange for the sale and serving of beer and wine at the “Rock the Docks 2014” concert series to be held on the dates listed herein at the Howard T. Brown Park, subject to satisfactory proof that the sponsoring entity and any vendor selected by it have complied with the applicable regulations of the state liquor control relating to such sales. President Pro‐tem Pete Desaulniers Alderman William Eyberse  Resolution #5 WHEREAS, the Greater Norwich Area Chamber of Commerce will be sponsoring “River Fest 2014” at the Howard T. Brown Park on Saturday, May 31, 2014;and WHEREAS, “River Fest 2014” allows the entire community to share its cultural heritage with each other and permits festival goers to enjoy the variety of food, music and entertainment; and WHEREAS, The River Fest Committee of the Greater Norwich Area Chamber of Commerce has requested permission to sell beer and wine during the festival. NOW, THEREFORE, BE IT RESOLVED, that pursuant to section 13.14.2 of the Norwich Code of Ordinances, the City Manager is authorized to grant the River Fest Committee of the Greater Norwich Area Chamber of Commerce in Norwich permission to serve and sell beer and wine at the “River Fest 2014” celebration to be held on May 31, 2014 at the Howard T. Brown Park, subject to satisfactory proof that the Greater Norwich Area Chamber of Commerce in Norwich has complied with applicable regulations of the State Liquor Commission; that identification will be mandatory from each person purchasing an alcoholic beverage; that the sales of beer and wine will be made under a proper liquor license, and that proper insurances will be obtained and maintained by the Greater Norwich Area Chamber of Commerce and any vendor of beer and/or wine for the event. Mayor Deberey A. Hinchey