City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH May 5, 2014 7:30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: April 7, 17 and 21, 2014 PUBLIC HEARINGS 1. RELATIVE TO A RESOLUTION ON THE COMMUNITY DEVELOPMENT BLOCK GRANT ALLOCATION PROGRAM YEAR 2014 (September 1, 2014 – August 31, 2015) PETITIONS AND COMMUNICATIONS 1. Certificate of Achievement for Excellence in Financial Reporting. 2. Annual report from the Children First Norwich/School Readiness Council. 3. Letter of resignation Stephanie Davis from the Ice Rink Authority. 4. Report from General Manager of Norwich Public Utilities with respect to amendments to three ordinances regarding water system upgrades. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to tentative adoption of the preliminary budget for Fiscal Year 2014-2015. 2. Relative to a re- appointment to the Thames Valley Council for Community Action (TVCCA). 3. Relative to re-appointment to the Board of Assessment Appeals. 4. Relative to authorizing the Mayor as Chief Elected Official to sign statements of assurance and other document as they relate to the Children Readiness Grant Program. 5. Relative to authorizing City Manager Bergren to receive said grant funding comply with the requirements and conditions of the Department of Economic and Community Development with respect to the Brownfield Assessment and Inventory Program Grant funding. 6. Relative to donating civil defense water barrels and other items to the Boy Scouts of America. 7. Relative to the proposal for a Police Station be forwarded to the Public Safety Committee for review. 8. Relative to appointing a sub-committee of the Council for the Comprehensive Plan Update Project. NEW BUSINESS-ORDINANCES AN ORDINANCE AMENDING AN ORDINANCE ENTITLED: 1. AN ORDINANCE AMENDING AN ORDINANCE ENTITLED: AN ORDINANCE APPROPRIATING $2,000,000 FOR THE REPLACEMENT OF THE STONY BROOK CONTACT CLARIFIER NON-BUOYANT MEDIA WITH BUOYANT MEDIA, UPGRADING THE PLC CONTROLS AND REPLACING THE EXISTING FILTER MULTI-MEDIA, AUTHORIZING THE ISSUANCE OF $2,000,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. (The purpose of the amendment is to increase the appropriation and bond authorization by $2,700,000, from $2,000,000 to $4,700,000, to change the project description and to ratify, confirm and adopt all prior authorizations and bond ordinances in connection with the Project.) 2. AN ORDINANCE AMENDING AN ORDINANCE ENTITLED: AN ORDINANCE APPROPRIATING $1,630,000 FOR DEEP RIVER RESERVOIR TRANSMISSION LINE REPLACEMENT AND MICRO-TURBINE TECHNOLOGY INSTALLATION, AUTHORIZING THE ISSUANCE OF $1,630,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO (The purpose of the amendment is to increase the appropriation and bond authorization by $670,000, from $1,630,000 to $2,300,000, and to ratify, confirm and adopt all prior authorizations and bond ordinances in connection with the Project.) 3. AN ORDINANCE AMENDING AN ORDINANCE ENTITLED: AN ORDINANCE APPROPRIATING $2,440,000 FOR THE REPLACEMENT OF THE DEEP RIVER RESERVOIR PUMP AND DRIVE SYSTEM, INCLUDING WATER STORAGE TANKS, AUTHORIZING THE ISSUANCE OF $2,440,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO (The purpose of the amendment is to increase the appropriation and bond authorization by $560,000, from $2,440,000 to $3,000,000, and to ratify, confirm and adopt all prior authorizations and bond ordinances in connection with the Project.) 4. AN ORDINANCE PROVIDING FOR REGULATION OF BIDDING AND THE AWARD OF CONTRACTS TO ESTABLISH AN APPRENTICESHIP PROGRAM FOR CERTAIN MUNICIPAL PROJECTS OVER FIVE MILLION DOLLARS. EXECUTIVE SESSION – Property acquisition. City Clerk  PUBLIC HEARING #1 WHEREAS, the City of Norwich is an entitlement community receiving U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) dollars of $814,280 for program year (PY) 2014; and WHEREAS, the Community Development Advisory Committee (CDAC) has held public meetings and voted on their recommendations for CDBG allocations in the month of March; and WHEREAS, the allocation process is subject to a 30-day comment period prior to being placed into effect and the Council of the City of Norwich must hold a public hearing regarding the recommendations prior to the final vote on the allocation; and WHEREAS, a notice of a public hearing before the Council regarding the allocation has been published and the public hearing will be held on May 5, 2014 at 7:30 pm in Council Chambers. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council shall and hereby does schedule a public hearing to be held at the May 5, 2014 Council meeting on the subject of Community Development Block Grant allocation recommendations for PY 2014. CDBG - PY 2014 CDAC PY 2014 Request Recommended AVAILABLE ALLOCATION $ 814,280.00 $ 814,280.00 CD Office - Administration $ 162,856.00 $ 162,856.00 TVCCA - Home Again Project - Homelessness In-Place Prevention $ 20,000.00 $ 20,000.00 Norwich Adult Education - Community Development Through ESOL Instruction $ 10,000.00 $ 10,000.00 Our Piece of the Pie - Norwich Workforce Development $ 30,000.00 $ 30,000.00 Norwich Community Care Team - Shelter Diversion and Rapid Re- Housing $ 30,000.00 $ 30,000.00 Norwich Human Services - Norwich Works $ 34,233.00 $ 34,233.00 Safe Futures - Norwich Domestic Violence Response Team $ 5,000.00 $ 5,000.00 Norwich Public Schools - BRIDGES Extended Learning Program $ 65,000.00 $ 50,000.00 Norwich Fire Dept. - Headquarters Storage Facility $ 110,000.00 $ 110,000.00 Disabilities Network of Eastern CT - Ramps for persons with disabiities $ 15,000.00 $ 15,000.00 Norwich Housing Authority - JFK I Phase 3 (remaining 11 bldgs) $ 77,000.00 $ - Habitat for Humanity - Rehabilitation of 6 Clairmont Court $ 25,000.00 $ 25,000.00 CD Office - Property Rehab Project Delivery $ 64,000.00 $ 64,000.00 Norwich Police Dept - Greenville PSCS Expansion $ 40,000.00 $ 40,000.00 NCDC - Uncas Leap Blight Removal $ 170,000.00 $ - Fund Balance $ - $ 218,191.00 Total Requests $ 858,089.00 $ 814,280.00 Funding Available minus Requests $ (43,809.00) $ - City Manager Alan H. Bergren  RESOLUTION #1 RESOLVED, that the proposed preliminary budget for Fiscal Year 2014-15 be tentatively adopted, with a public hearing scheduled for Monday, May 12, 2014 at 6:30 PM in the Council Chambers of City Hall. Mayor Deberey Hinchey  RESOLUTION #2 BE IT RESOLVED that the following be re-appointed as a member to the Thames Valley Council for Community Action (TVCCA) Board of Trustees for a term to expire on December 07, 2015 or until a successor is appointed; Emmett Riley (D) Mayor Deberey Hinchey President Pro-tem Pete Desaulniers  RESOLUTION #3 BE IT RESOLVED that the following be re-appointed a member to the Board of Assessment Appeals for a term to expire on June 01, 2016 or until a successor is appointed; Democles Angelopoulos (D) Les King (R) Mayor Deberey Hinchey President Pro-tem Pete Desaulniers  RESOLUTION #4 WHEREAS, the State of Connecticut, through legislation more particularly set out in Connecticut General Statutes §10-16o - 10-16u encourages the development of a network of school readiness programs; and WHEREAS, the State of Connecticut has established and funds a School Readiness Grant Program to which priority school readiness district municipalities may apply through a local School Readiness Council; and WHEREAS, Connecticut General Statute §10-16r provides that the chief elected official of a town, or that official’s designee, and the superintendent of schools, or the superintendent’s designee, shall be members of said Readiness Council; and WHEREAS, the City of Norwich through its School Readiness Council, Children First Norwich School Readiness Council, is prepared to make an application for a school readiness grant in the authorized amount of $1,918,398; and WHEREAS, the application includes a statement of assurances to be signed by the Mayor of Norwich as chief elected official NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that Mayor Deberey Hinchey, as chief elected official of the City of Norwich, be and hereby is authorized on behalf of the City of Norwich to sign the statement of assurances and such other documents as are or may be necessary to complete, file and accept a school readiness grant for the 2014-2015 fiscal year, said application to be made for Norwich by the Children First Norwich School Readiness Council. Mayor Deberey Hinchey  RESOLUTION #5 WHEREAS, the City of Norwich is to be the recipient of a grant in the amount of $200,000 from the State of Connecticut Department of Economic and Community Development under its Municipal Brownfield Assessment and Inventory Program; and WHEREAS, the Department of Economic and Community Development, together with staff of the City of Norwich, will develop a financial assistance proposal, outlining the key terms of grant funding as well as any conditions Norwich will need to meet in order to access the funding, a preliminary proposal being expected on or about May 9, 2014 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager Alan H. Bergren be and hereby is authorized and directed to receive, accept, execute and deliver, a financial assistance proposal between the State of Connecticut Department of Economic and Community Development and the City of Norwich, and such other letters or documents as are necessary to receive said grant funding, comply with the requirements and conditions of the Department of Economic and Community Development with respect to the Brownfield Assessment and Inventory Program Grant Funding and to execute and deliver an Assistance Agreement satisfactory to him, together with any other necessary closing documents, to Commissioner Smith of the Department of Economic and Community Development. Mayor Deberey Hinchey President Pro Tempore Pete Desaulniers  RESOLUTION #6 WHEREAS, the Norwich Department of Emergency Management is in possession of certain water barrels, wooden cots, and pole stretchers at its Facilities Garage at 10 McKinley Avenue, Norwich for which it has been determined that it has no use and would like the additional storage space created by the removal of said items. WHEREAS, a troop affiliated with the Boy Scouts of America has evidenced a desire to remove the water barrels, cots, and stretchers from the Facilities Garage of the Norwich Department of Emergency Management and repurpose all of them. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that in exchange for valuable consideration, a representative of the Department of Emergency Management shall permit the boy scout troop to remove and take possession of the water barrels, cots, and stretchers located in the Facilities Garage. President Pro Tempore Pete Desaulniers  RESOLUTION #7 WHEREAS, the Council of the City of Norwich, at its meeting held on April 7, 2014, received the final report of the Police Station Committee; and WHEREAS, said report contains the Committee’s evaluation of multiple properties located within the City of Norwich as potential sites for a police station; and WHEREAS, the Council of the City of Norwich wishes to conduct a thorough review of the report and to include staff of the city in the evaluation; and WHEREAS, since receipt of the report one or more additional proposed sites have been brought to the attention of the Council of the City of Norwich; and WHEREAS, the Council of the City of Norwich finds that the Public Safety Committee of the Council of the City of Norwich, with appropriate assistance, should make the first review and evaluation of the report of the Police Station Committee for the Council of the City of Norwich NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the Public Safety Committee of the Council of the City of Norwich be assigned to review and evaluate the report of the Police Station Committee and such other proposals or issues relative to the same deemed to be appropriate by the Public Safety Committee, such review to include, as the Public Safety Committee may deem necessary and appropriate; 1) An invitation to the Chair of the Police Station Committee to address the Public Safety Committee with respect to the report; 2) To request that City Manager Bergren provide such assistance to the Public Safety Committee in evaluating the report and any proposals made therein, or to be made, by making available to the Public Safety Committee, the police chief, the comptroller, the planning director, and/or any other city employees or professionals needed to assist the Public Safety Committee in its evaluation and review; 3) That the Public Safety Committee consider, in addition to the sites described and evaluated in the report, any sites or locations deemed appropriate as submitted by members of the public for consideration by the Public Safety Committee; 4) That the Public Safety Committee consider, an addition to site locations, possible methods of financing the construction of a new police station to include bonding, non-appropriation leasing, other forms of leasing, and other financing or lease options; and 5) That the Public Safety Committee conduct its review and evaluation in such manner as it may determine but report in writing its findings and opinions to the Council of the City of Norwich on or before the first meeting of the Council to be held in October, 2014. Mayor Deberey Hinchey President Pro-tem Pete Desaulniers  RESOLUTION #8 NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that a subcommittee of the Council be established for the City of Norwich Comprehensive Plan Update Project (update the Zoning Ordinance and Zoning Map), the members to be as follows: Mayor Deberey Hinchey President Pro Tem Pete Desaulniers Ralph Page Chair, Commission on the City Plan Frank Manfredi, Member, Commission on the City Plan Daniel Daneska, Member, Commission on the City Plan Peter Davis, Director of Planning Jason Vincent, Vice President of Norwich Community Development Corporation Gary Schnip, A Public Member AND BE IT FURTHER RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, that said subcommittee shall continue to be in existence and function until the adoption of the updated Comprehensive Plan. Mayor Deberey Hinchey President Pro Tempore Pete Desaulniers  An Ordinance Amending an Ordinance Entitled: AN ORDINANCE APPROPRIATING $2,000,000 FOR THE REPLACEMENT OF THE STONY BROOK CONTACT CLARIFIER NON-BUOYANT MEDIA WITH BUOYANT MEDIA, UPGRADING THE PLC CONTROLS AND REPLACING THE EXISTING FILTER MULTI-MEDIA, AUTHORIZING THE ISSUANCE OF $2,000,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO An Ordinance entitled "An Ordinance Appropriating $2,000,000 For The Replacement Of The Stony Brook Contact Clarifier Non-Buoyant Media With Buoyant Media, Upgrading The Plc Controls And Replacing The Existing Filter Multi-Media, Authorizing The Issuance Of $2,000,000 Revenue Bonds Of The City Secured Solely By Water Revenue To Meet Said Appropriation, And Authorizing The City And Department Of Public Utilities To Enter Into Grant And Loan Agreements And A Joint Resolution With The State Of Connecticut With Respect Thereto”, adopted by the City Council at a meeting held March 4, 2014, which Ordinance is hereby ratified, confirmed and adopted, is amended to increase the appropriation and bond authorization therein by $2.7 million, from $2,000,000 to $4,700,000. The changed portions of the ordinance set forth in cross marks representing deletions and bold representing additions is as follows: Section 1. The title of the Ordinance is amended to read as follows: AN ORDINANCE APPROPRIATING $4,700,000 2,000,000 FOR THE REPLACEMENT OF THE STONY BROOK CONTACT CLARIFIER NON-BUOYANT MEDIA WITH BUOYANT MEDIA, UPGRADING THE PLC CONTROLS AND REPLACING THE EXISTING FILTER MULTI-MEDIA, AUTHORIZING THE ISSUANCE OF $4,700,000 2,000,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. Section 2. The first sentence of Section 1 of the Ordinance is amended by substituting the amount of $4,700,000 for $2,000,000, deleting the phase “buoyant media”, and adding “a dissolved air flotation system” and “and improvements to the waste handling system” thereby making the first sentence of Section 1 read as follows:  “The sum of $4,700,000 2,000,000 is appropriated for the planning, acquisition and construction of the replacement of the Stony Brook contact clarifier non-buoyant media with a dissolved air flotation system buoyant media, upgrading the PLC controls, and replacing the existing filter multi-media, and improvements to the waste handling system located in Montville, Connecticut, including the rehabilitation, repair or replacement of all or any portions of the contact clarifier media system, site work, land acquisition, easements, related and appurtenant improvements, or so much thereof, or such additional improvements as may be accomplished within said appropriation provided herein, and including administration, advertising, printing, legal, and financing costs (hereafter the “Project”) as shall be determined by the Norwich Department of Public Utilities (the “Department”).” Section 3. The second and third sentences of Section 2 of the Ordinance are amended by substituting the amount of $4,700,000 for $2,000,000, thereby making those sentences of Section 2 read as follows: The total estimated cost of the Project is $4,700,000 2,000,000. $4,251,500 1,828,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan. Section 4. Subsections (iv) [third sentence] and (vi) of Section 3 of the Ordinance are amended by substituting the amount of $4,700,000 for $2,000,000, thereby making the third sentence of the subsection (iv) and subsection (vi) read as follows: (x) “The City may issue Clean Water Fund Obligations in one or more series and in such denominations as the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $4,700,000 2,000,000. (vi) “any combination of bonds, temporary notes, notes, or obligations as set forth in section 3(i), 3(ii), 3(iii), 3(iv), or 3(v) may be issued, provided that the total, aggregate principal amount thereof outstanding, and including the amount of grant funding obtained pursuant to a Project Grant and Project Loan Agreement, at any time shall not exceed $4,700,000 2,000,000.” Section 5. In all other respects the ordinance shall remain unchanged. Section 6. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended” at the top, and filed with the minutes of the meeting at which the amending ordinance is adopted. Section 7. This Ordinance shall be effective upon adoption by the City Council and its approval by the Board.  An Ordinance Amending an Ordinance Entitled: AN ORDINANCE APPROPRIATING $1,630,000 FOR DEEP RIVER RESERVOIR TRANSMISSION LINE REPLACEMENT AND MICRO- TURBINE TECHNOLOGY INSTALLATION, AUTHORIZING THE ISSUANCE OF $1,630,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO An Ordinance entitled "An Ordinance Appropriating $1,630,000 For Deep River Reservoir Transmission Line Replacement And Micro-Turbine Technology Installation, Authorizing The Issuance Of $1,630,000 Revenue Bonds Of The City Secured Solely By Water Revenue To Meet Said Appropriation, And Authorizing The City And Department Of Public Utilities To Enter Into Grant And Loan Agreements And A Joint Resolution With The State Of Connecticut With Respect Thereto " adopted by the City Council at a meeting held September 20, 2010, which Ordinance is hereby ratified, confirmed and adopted, is amended to increase the appropriation and bond authorization therein by $670,000, from $1,630,000 to $2,300,000. The changed portions of the ordinance set forth in cross marks representing deletions and bold representing additions is as follows: Section 1. The title of the Ordinance is amended to read as follows: AN ORDINANCE APPROPRIATING $2,300,000 1,630,000 FOR DEEP RIVER RESERVOIR TRANSMISSION LINE REPLACEMENT AND MICRO-TURBINE TECHNOLOGY INSTALLATION, AUTHORIZING THE ISSUANCE OF $2,300,000 1,630,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO Section 2. The first sentence of Section 1 of the Ordinance is amended by substituting the amount of $2,300,000 for $1,630,000, thereby making the first sentence of Section 1 read as follows: “The sum of $2,300,000 1,630,000 is appropriated for the planning, acquisition, construction, rehabilitation, repair or replacement of the approximately 3,500 foot Deep River Reservoir transmission line constructed in 1928, the replacement of meters and associated or appurtenant equipment and improvements, and the installation of an in line micro-turbine for energy efficiency, including piping, equipment, relocation, water delivery infrastructure, site work, easements, related and appurtenant improvements, or so much thereof, or such additional improvements as may be accomplished within said appropriation provided herein, and including administration, advertising, printing, legal, and financing costs (hereafter the “Project”) as shall be determined by the Norwich Department of Public Utilities (the “Department”). Section 3. The second and third sentences of Section 2 of the Ordinance are amended by substituting the amount of $2,300,000 for $1,630,000, thereby making those sentences of Section 2 read as follows: “The total estimated cost of the Project is $2,300,000 1,630,000. $2,016,311 1,570,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a low interest loan bearing interest at approximately 2 percent.” Section 4. Subsections (iv) [third sentence] and (vi) of Section 3 of the Ordinance are amended by substituting the amount of $2,300,000 for $1,630,000, thereby making the third sentence of subsection (iv) and subsection (vi) read as follows: (iv) “The City may issue Clean Water Fund Obligations in one or more series and in such denominations as the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $2,300,000 1,630,000. (vi) “any combination of bonds, temporary notes, notes, or obligations as set forth in section 3(i), 3(ii), 3(iii), 3(iv), or 3(v) may be issued, provided that the total, aggregate principal amount thereof outstanding, and including the amount of grant funding obtained pursuant to a Project Grant and Project Loan Agreement, at any time shall not exceed $2,300,000 1,630,000.” Section 5. In all other respects the ordinance shall remain unchanged. Section 6. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended” at the top, and filed with the minutes of the meeting at which the amending ordinance is adopted. Section 7. This Ordinance shall be effective upon adoption by the City Council and its approval by the Board.  An Ordinance Amending an Ordinance Entitled: AN ORDINANCE APPROPRIATING $2,440,000 FOR THE REPLACEMENT OF THE DEEP RIVER RESERVOIR PUMP AND DRIVE SYSTEM, INCLUDING WATER STORAGE TANKS, AUTHORIZING THE ISSUANCE OF $2,440,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO An Ordinance entitled "An Ordinance Appropriating $2,440,000 For The Replacement Of The Deep River Reservoir Pump And Drive System, Including Water Storage Tanks, Authorizing The Issuance Of $2,440,000 Revenue Bonds Of The City Secured Solely By Water Revenue To Meet Said Appropriation, And Authorizing The City And Department Of Public Utilities To Enter Into Grant And Loan Agreements And A Joint Resolution With The State Of Connecticut With Respect Thereto" adopted by the City Council at a meeting held September 20, 2010, which Ordinance is hereby ratified, confirmed and adopted, is amended to increase the appropriation and bond authorization therein by $560,000, from $2,440,000 to $3,000,000. The changed portions of the ordinance set forth in cross marks representing deletions and bold representing additions is as follows: Section 1. The title of the Ordinance is amended to read as follows: AN ORDINANCE APPROPRIATING $3,000,000 2,440,000 FOR THE REPLACEMENT OF THE DEEP RIVER RESERVOIR PUMP AND DRIVE SYSTEM, INCLUDING WATER STORAGE TANKS, AUTHORIZING THE ISSUANCE OF $3,000,000 2,440,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO Section 2. The first sentence of Section 1 of the Ordinance is amended by substituting the amount of $3,000,000 for $2,440,000, thereby making the first sentence of Section 1 read as follows: “The sum of $3,000,000 2,440,000 is appropriated for the planning, acquisition and construction of the replacement of the pump and drive system of the Deep River Reservoir located in Lebanon, Connecticut, including the rehabilitation, repair or replacement of all or any portions of the existing pump and drive system, including one or more water storage tanks, holding tanks, high efficiency pumps and drives, under drain systems, piping, equipment, water delivery infrastructure, site work, easements, related and appurtenant improvements, or so much thereof, or such additional improvements as may be accomplished within said appropriation provided herein, and including administration, advertising, printing, legal, and financing costs (hereafter the “Project”) as shall be determined by the Norwich Department of Public Utilities (the “Department”). Section 3. The second and third sentences of Section 2 of the Ordinance are amended by substituting the amount of $3,000,000 for $2,440,000, thereby making those sentences of Section 2 read as follows: The total estimated cost of the Project is $3,000,000 2,440,000. $2,557,753 2,390,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a low interest loan bearing interest at approximately 2 percent. Section 4. Subsections (iv) [third sentence] and (vi) of Section 3 of the Ordinance are amended by substituting the amount of $3,000,000 for $2,440,000, thereby making the third sentence of subsection (iv) and subsection (vi) read as follows: (iv) “The City may issue Clean Water Fund Obligations in one or more series and in such denominations as the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $3,000,000 2,440,000. (xii) “any combination of bonds, temporary notes, notes, or obligations as set forth in section 3(i), 3(ii), 3(iii), 3(iv), or 3(v) may be issued, provided that the total, aggregate principal amount thereof outstanding, and including the amount of grant funding obtained pursuant to a Project Grant and Project Loan Agreement, at any time shall not exceed $3,000,000 2,440,000.” Section 5. In all other respects the ordinance shall remain unchanged. Section 6. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended” at the top, and filed with the minutes of the meeting at which the amending ordinance is adopted. Section 7. This Ordinance shall be effective upon adoption by the City Council and its approval by the Board. AN ORDINANCE PROVIDING FOR REGULATION OF BIDDING AND THE AWARD OF CONTRACTS TO ESTABLISH AN APPRENTICESHIP PROGRAM FOR CERTAIN MUNICIPAL PROJECTS OVER FIVE MILLION 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 five million dollars ($5,000,000) 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, 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, or that is approved by a state apprenticeship agency of another state or by the United States Department of Labor and that has graduated apprentices to journeyperson status for at least three of the past five years. B. The contractor and all subcontractors must register all apprentices with the Division, or with a state apprenticeship agency of another state or by the United States Department of Labor, 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 at every tier must submit with their bid or proposal documentation from the Division of Apprentice Training, or equivalent agency of another state or the United States Department of Labor, issued within the past ninety (90) days, evidence of current status as an approved sponsor of apprentices. D. The contractor and all subcontractors shall pay their employees at a rate not less than the State established wage rates and benefit rates for their trade classification established by collective bargaining agreements.  E. 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. F. 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. G. 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. H. 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. I. 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-I 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 sub-section (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)(G) 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.”