City Council

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH August 4, 2014 7:30 PM PRAYER PLEDGE OF ALLEGIANCE ADOPTION OF MINUTES: July 7, 14 and 21, 2014 PROCLAMATIONS AND SPECIAL OBSERVANCES 1. Presentation for the selection of children to “Ride a Fire Truck” to school on the first day. PUBLIC HEARINGS (Resolution) 1. A resolution authorizing City Manager Bergren to enter into a lease agreement with Norwich RoseGarden Ice Associates LLC. PUBLIC HEARINGS (Ordinance) 1. AN ORDINANCE REGARDING: ADOPTION OF THE 2012 PROPERTY MAINTENANCE CODE 2. AN ORDINANCE REGARDING: DISTRESSED PREMISES SECOND READING AND ACTION ON THE PROPOSED ORDINANCE LISTED ABOVE CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to CDBG allocations and approved funding recommendations. 2. Relative to authorizing a lease agreement with Norwich RoseGarden Ice Associates LLC. 3. Relative to sponsor a Back to School Bash in Greeneville August 30, 2014. 4. Relative to the transfer of funds from the 2013-14 contingency budget to various departments to close out the Fiscal Year. 5. Relative to crediting the Excess Cost Grant revenue to the Board of Education 2013-14 Special Education Tuition Payment Program. 6. Relative to participation in a Cost Sharing Program with The City of Norwich to construct concrete sidewalks and setting a public hearing date. EXECUTIVE SESSIONS: 1. Strategy with respect to pending litigation ( planned executive session) City Clerk  Public Hearing Resolution #1 WHEREAS, the Council of the City of Norwich by resolutions adopted July 7 and July 14, 2014 have authorized and directed City Manager, Alan H. Bergren, to sign, execute and deliver copies of an amended Management Services Agreement to be entered into with the Norwich RoseGarden Ice Associates, LLC to operate the Norwich Ice Rink; and WHEREAS, the Council of the City of Norwich by resolution adopted July 21, 2014 scheduled a public hearing on a proposed lease to be entered into between the City of Norwich and Norwich RoseGarden Ice Associates, LLC pertaining to the use and operation of the Norwich Ice Rink; and WHEREAS, said public hearing having been conducted, the Council of the City of Norwich finds it to be in the best interests of the City of Norwich to enter into a lease on terms substantially as set forth in that attached to this resolution as Schedule 1 incorporating within it the terms and conditions of the Management Services Agreement. 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 execute said lease agreement incorporating the Management Services Agreement previously approved by the Council of the City of Norwich and to deliver a fully executed copy of the same to Norwich RoseGarden Ice Associates, LLC including, if requested, a short form notice of lease for recording on the land records. Mayor Deberey Hinchey  ,( : '( . /" ,,': .i (.' ;/( r.!li A:.... LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is dated as of [ J, 2014 (the "Effective Date"), and is made by and between the City of Norwich (the "Landlord"), with an office at 1cio Broadway, Norwich, Connecticut, as Landlord, and Nono/ich RoseGarden lice Associ2tes, LLC (the "Tenant"), a COIll1ecticut limited liability company, with an office at 123 Glenwood Avenue, Bridgeport, Connecticut, as Tenant. WHEREAS, the Landlord is the owner of the real property and improvements thereon commonly known as 641 New London Tumpik~, Norwich, Connecticut (the "Real Property"), which real property is more particularly described on Exhibit A attached hereto and made a part hereof; WHERE~S, a portion of the Real Property consists of an ice skating facility known as the Norwich Ice Skating Arena (such facility, together with 'all appurtenant facilities including but not limited to all refrigeration and ice maintenance equipment, parking lot, driveways and access ways, grounds, snack bar, and pro shop, hereinafter referred to as the "Premises"); WHEREAS, the Landlord and Tenant have entered into a Management Services Agreement dated of even date .herewith (the "MSA"), a copy of which is attached hereto and made a part hereof as Exhibit B, pursuant to which the City granted Tenant the right to manage and operatethe Premises, subject to the Tenant's performance of the obligations provided for in the MSA; and WHEREAS, the Landlord and Tenant wish to enter into this Lease in connection with, and in furtherance of, the MSA in order to provide the Tenant with all of the rights required for it to receive the benefits of and perform its obligations under the MSA; NOW THEREFORE; in'consideration of the foregoing, the MSA and the following provisions, the parties agree as follows: . 1. Lease of Premises, Upon th~ terms and conditions of the MSA, all of which are hereby incorporated herein by reference as if the same had been fully set forth herein, the Landlord hereby leases the Premises to the Tenant for an initial term cominencing on the Effective Date and ending on June 30, 2024, The Tenant may extend the term of this Lease for three (3) consecutive ten (10) year periods at its sole discretion by providing written notice to the Landlord within 120 days prior to the expiration of the then current portion of the term indicating its intent to so extend the term hereof. Any extensions will operate under the terms and conditions provided for in the MSA. It is the intent of the parties that this Lease shall be co-terminus with the MSA and that upon the expiration or termination of the MSA, this Lease shall immediately expire. 2. Ouiet Enjovment. The Landlord represents that the Landlord is the owner of the Premises and is authorized to enter into this Lease. Subject to Tenant's performance of all of the obligations contained herein (and in the MSA, which is incorporated herein by reference), Tenant shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption by the Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord. 3. Surrender. At the expiration or termination of this Lease, the Tenant will remove all of its goods and effects from the Premises and deliver the Premises to Landlord as provided in the MSA. 4. Default. For the avoidance of doubt, a default (after the expiration of any notice and cure period) under the MSA, will constitute a default by the Tenant under this Lease. Upon the occurrence of any such default under this Lease, the Landlord shall have the rights and remedies available to it under the MSA and may terminate this Lease and, in accordance with applicable law, re-enter and re-take possession of the Premises. S. Subletting: Assignment. The Tenant may not sublease or assign this Lease or the Premises except as provided in the MSA (and then only in conjunction with a permitted assignment of the MSA). 6. No Broker. The parties to this Lease represent to each other that no broker or agent brought the Premises to. the Tenant's attention or was instrumental in effecting . this Lease. 7. Notice of Lease. At the option of either the Landlord or Tenant, the Landlord and Tenant will execute a short form of lease suitable for recording purposes on the land records. 8. Entire Agreement: Amendment. This Lease (and the MSA which is incorporated herein by reference) represents the entire agreement between the Landlord and Tenant regarding.the Premises. There are no understandings, representations, or agreements regarding the Premises, oral or written, express or implied, other than those set forth in this Lease (and the MSA which is incorporated herein by reference). This Lease may be amended at any time only by a written agreement signed by the Landlord and Tenant. 9. Benefit. This Lease will be binding upon and inure to the benefit ofthe Landlord and Tenant, their respective legCil representatives, successors and permitted assigns. 10. Applicable Law. This Lease will be governed by the laws of the State of Cormecticut. The parties have signed this Lease as of the date first "Written above. LANDLORD: City of Norwich By: _ Its: TENANT: Noiwich RoseGarden Ice Associates, LLC By: _ Its Manager H:\A\Faley. UN orwi chHockey\Lease.docx 2  Exhibit A (Legal Description of Real Property)  Exhibit B (Copy ofMSA) 4  PUBLIC HEARING #1 AN ORDINANCE REGARDING: ADOPTION OF THE 2012 PROPERTY MAINTENANCE CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT ARTICLE IV, DIVISION 1, SECTION 4­47 AND SECTION 4­48 BE AMENDED AND REPLACED WITH THE FOLLOWING ORDINANCE WHICH IS HEREBY ADOPTED BY THE CITY OF NORWICH: Sec. 4‐57. Adoption of property maintenance code. That a certain document, copies of which are on file in the office of the building official of the City of Norwich, being marked and designated as ”The BOCA National Property Maintenance Code, Fifth Edition, 1996” ”The International Property Maintenance Code, 2012 (IPMC),” as published by the Building Officials and International Code Council, Inc., and as it may be amended, be and is hereby adopted as the Property Maintenance Code of the City of Norwich, in the State of Connecticut, for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National International Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this Code of Ordinances, with the additions, insertions, deletions and changes, if any, prescribed in section 4‐58 of this article. Sec. 4‐58. Additions, insertions, and changes. That the BOCA National International Property Maintenance Code is amended and revised in the following respects: (a) Section PM‐101.1 (page 1, second line) insert “the City of Norwich.” (b) Section PM­105.1 (page 2) delete existing and insert “The Building Official shall be responsible for administering and coordinating the Property Maintenance Code compliance program and he shall perform such other duties as may be delegated to him. All reference to Code Official shall also apply to other designated inspectors as shall be necessary for administration of this code and as authorized by the appointing authority.” (b) Section PM­103, delete 103.1, 103.2, 103.3 and 103.5 in their entirety. (c) Section PM­106.2 (page 2, third line) insert “twenty‐five dollars ($25.00) and one hundred dollars ($100.00).” (c) Section PM­104 add 104.1.1 “The Building Official shall be responsible for administering and coordinating the Property Maintenance Code compliance program and performing such other duties as may be delegated to him. All  reference to the “Code Official” shall also apply to other designated inspectors as shall be necessary for administration of this code and as authorized by the appointing authority. (d) Section PM­106.2 (page 2, fourth line) insert “thirty (30) days.” (d) Section PM­111.2 (page 6, eighth line) delete period and insert at end of line “and each member shall be an elector of the City of Norwich.” (e) Section PM­107.2 (page 3, new subsection following no. 4 no. 6) insert “5 “7. Include a copy of the means of appeal of the decision of the Code Official contained in Section PM‐111.0” (e) Section PM­112 delete section in its entirety. (f) Section PM=111.2.1 (page 5, third line) delete colon(:) and insert “and each of whom shall be an elector of the City of Norwich.” (f) Section PM­202 add “Temporary Roof Coverings. Non­permanent materials not meeting Building Code.” (g) Section PM­111.2.2 (page 5, second line) insert at end offline “an elector of the City of Norwich and shall be…” (g) Section PM­304 add 304.6.1 “Temporary siding. Temporary siding coverings shall not remain 60 days after notification of violation. Permanent code compliant materials shall be installed to replace temporary siding.” (h) Section PM­304.15 (page 11, first line) delete the first line. (h) Section PM­304 add 304.7.1 “Temporary roof coverings. Non­permanent materials not meeting the Building Code. Permanent code compliant materials shall be installed to replace temporary roofing.” (i) Section PM­306.3.1 (page 11, sixth line) add the words “stored in a location approved by the Housing Inspector.” (i) Section PM­304.14 (page 13) delete “During the period from (DATE) to (DATE).” (j) Section PM­304.15 (page 11, second line) delete the second line and insert “When a door, window or other outside opening is utilized…” (j) Section PM­308.3.2 (page 15, line 5) delete period (.) and insert “stored in a location approved by any agent designated by the Building Official.” (k) Section PM­602.2.1 (page 17, fifth line) delete the words “during the period from (date) to (date).” (k) Section PM­602.3 (page 21, fourth and fifth line) delete “during the period from (DATE) to (DATE).” (l) Section PM­602.3 (page 17, second and third lines) delete the words “during the period from (date) to (date).” (l) Section PM­604.3.1.1 (page 22, line 9) delete period (.) and insert “or IRC as applicable.” (m) Section PM­701­707 (page 19, 20, 21) delete entire section. (m) Section PM­703 (page 25) delete 703.1 and 703.2 in their entirety. (n) Chapter 7 (pg. 19) add new chapter – title “Safety Requirements” (n) Section PM­704 (page 25) add 704.2(4) “carbon monoxide detection shall be installed in accordance with the current State of Connecticut Building Code.” (o) Section PM­704 (page 25) delete 704.1 and 704.1.1 in their entirety. (p) Section PM­704.2 (page 25) add “4. Carbon monoxide detectors shall be installed in accordance with the State of Connecticut building code.” Mayor Deberey Hinchey Alderwoman Sofee Noblick  PUBLIC HEARING #2 AN ORDINANCE REGARDING: DISTRESSED PREMISES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT THE FOLLOWING ORDINANCE HEREBY IS ADOPTED BY THE CITY OF NORWICH: Section 1. PURPOSE It is hereby found and declared that there exists within the City of Norwich a number of real properties which are in a blighted condition, and that the continued existence of such properties contributes to the decline of neighborhoods. It is further found that the existence of such properties adversely affects the economic well-being of the City of Norwich and is inimical to the health, safety, and welfare of its residents. Section II. DEFINITIONS In this ordinance, whenever the following terms are used, they shall be the meaning respectively ascribed to them in this section. A. BLIGHTED PROPERTY – Any premises, house, building, or structure or part thereof, on real property which is residential, nonresidential, commercial, or undeveloped, in which at least one of the following conditions exists: 1. It has been determined by a duly appointed official as designated by the City Manager acting within the scope of his authority, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community. 2. The property is in a state of disrepair or is becoming dilapidated as evidenced by one or more of the following: a. Missing, broken or inadequately secured windows or doors; b. Collapsing or missing exterior walls or roofs; c. Structurally faulty conditions; d. Unrepaired fire or water damage; e. Substantially damaged or missing siding; f. Persistent garbage or trash on the property not completely contained within approved trash or refuse containers. g. One or more abandoned vehicles that are inoperable or in a state of disrepair or major disassembly or in the process of being stripped or dismantled including: cars, trucks, campers, motor cycles, boats, mowers, farming and construction equipment any one of which may also have missing doors or windows, holes, rust, or obvious physical decay, or used for storage purposes. h. Accumulated debris not used or properly stored for its intended purposes including plastics, glass, papers, junk, furniture, appliances, scrap metal, tires, batteries, containers or garbage, building materials. i. Accumulated putrescible animal and vegetable waste resulting from cooking and food consumption or the keeping of pets or other animals so as to create an offensive, unsightly, or unsanitary condition. j. Collapsing masonry. k. Graffiti as defined by the unauthorized application of paint or other permanent material the presence of which has a negative impact on values of property immediately adjacent thereto. l. As a result of inadequate maintenance or neglect, the ensuing dilapidated condition is a cause or contributing factor to cancellation of insurance on the subject and/or proximal properties. m. As a result of inadequate maintenance or neglect, the ensuing dilapidated condition has materially contributed to a decline or diminution in property values on the subject and/or proximal properties. n. Tarpaulins used for weather protection (roof coverings) for periods exceeding sixty (60) days in lieu of permanent approved roofing materials. o. Overgrown vegetation and herbaceous materials including grass exceeding ten (10) inches in height, overgrown trees and shrubbery impeding pedestrian traffic on sidewalks and streets. 3. The Fire Marshal has determined that a building or structure is a fire hazard and/or it is a factor creating a substantial and unreasonable interference with the use and enjoyment of neighboring properties. B. CITATION HEARING OFFICER – A person appointed by the City Manager as an officer as defined in and pursuant to Connecticut General Statutes § 7-152c, to serve as the Citation Hearing Officer. Such officer shall be other than any individual who issues citations and shall serve for a term of three (3) years, unless removed for cause. C. DILAPIDATED – Any building or structure or part thereof which is deemed an unsafe structure as defined in the Connecticut State Building Code, Property Maintenance Code or the Connecticut Public Health Code as may be amended from time to time, or any dwelling or unit which is designated as unfit for human habitation as defined by the Connecticut Public Health Code. D. ENFORCEMENT OFFICER – A person or persons authorized by the City Manager to take such enforcement actions and to issue citations as are specified by this Ordinance, who shall not be a Citation Hearing Officer Section III. EXCEPTIONS/SPECIAL CONSIDERATIONS This Ordinance shall apply to all residential dwelling units, nonresidential space, commercial property and undeveloped land except: (a) Any blighted premise for which a site plan or special use permit is pending before the Commission on the City Plan. Section IV. CREATION OR MAINTENANCE OF BLIGHTED PROPERTY PROHIBITED No owner, agent, tenant and/or person responsible for the care, maintenance and/or condition of real property shall cause or allow any blighted property, as defined in Section II, to be created, maintained or continued. Section V. NOTICE OF VIOLATION 1. The City, through its designated Enforcement Officer, shall serve written notice to an owner, agent, tenant and person responsible for the blighted premises. The notice may be hand delivered or mailed by certified mail, return receipt requested, to the address of the owner as on file in the Assessor’s office as well as any lienholders in existence at the time the notice is mailed, or any of the persons identified in Section IV of this Ordinance, or in the case of an owner whose address is unknown, by publishing a copy of such notice in a daily or weekly newspaper having a circulation in the City. If the notice is mailed to only one of the responsible parties, it shall in no way be, or be construed to be, a release of any other responsible party. If there is more than one responsible party identified in the notice, the responsibility for complying with the notice shall be joint and several. 2. Notwithstanding anything to the contrary, the notice shall state the violation(s) of this Ordinance, what steps need to be taken to remedy the violation, demand its abatement within thirty (30) calendar days, and list the amount of fines that would be due and when uncontested payments can be made and accepted. If the owner fails to correct the violation(s), the City may issue an enforcement citation as specified herein. Section VI. ENFORCEMENT CITATION If any violation remains unabated after thirty (30) days, the Enforcement Officer is hereby authorized to issue a citation to the violator in accordance with this article. The citation will require payment of a fine of one-hundred dollars ($100) per day that a violation continues and shall require payment within ten (10) days from the issuance thereof. Section VII. CITATION PROCEDURE 1. The City of Norwich hereby adopts the citation procedure and appeal procedure that is set forth, and is in accordance with, C.G.S. § 7-152c as that statute may be amended from time to time. 2. In addition to the procedures set forth in paragraph 1 above, the Citation Officer shall render a decision in writing and shall file it with the enforcement officer and corporation counsel and send it by regular and certified mail, return receipt requested, to the tenant and responsible person, and to all parties who held liens prior to, or at the same time as, the issuance of the Notice of Violation as referenced in Section V of this ordinance. 3. The Enforcement Officer shall not have the authority to extend any of the deadlines set out in this Ordinance. 4. If the tenant or responsible person fails to respond to the citation of blight, fails to attend any hearing or rescheduled hearing before the Citation Hearing Officer, or is unwilling or unable to rehabilitate or maintain the blighted property within a reasonable time, the Enforcement Officer shall request a penalty of not more than one hundred dollars ($100.00) per day for each day that the property violates this Ordinance. The fine shall be retroactive to the date of the Enforcement Officer’s initial notice of violation to the owner, agent, tenant, or responsible party or in the case of an unidentified owner, the date of publication of notice in the newspaper. Each day that a violation of this Ordinance exists shall constitute a separate offense. The Citation Hearing Officer shall certify such person’s failure to respond and assess said fines, penalties, costs and fees by notifying the owner, agents, tenant or responsible party by regular and certified mail, return receipt requested, and shall notify the enforcement officer and corporation counsel. 5. The final period for the uncontested payment of any citation under this ordinance shall be ten (10) days after the mailing or delivery of the citation. Section VIII. MUNICIPAL ABATEMENT 1. In the event any owner, agent, tenant or person in control of real property shall fail to abate or correct any violation specified in any notice after the issuance of an enforcement citation for such failure, which citation has become final through the failure of such owner, tenant, or person in control of real property to appeal from the issuance of said citation, or by such appeal being dismissed, the City of Norwich, acting through its designated Enforcement Officer issuing such notice of violation, may cause or take such action as is necessary to correct such violation. The  cost to take such action shall be a civil claim by the City against such owner, agent, tenant, or person responsible for such property, and Corporation Counsel may bring an action to recover all such costs and expenses incurred. 2. If the owner, agent, tenant, or responsible person fails to correct the violations, the City of Norwich may take action pursuant to C.G.S. § 7- 148(c)(7)(E) to abate the nuisance at any time after the initial twenty- four hour notice of such property. Section IX. RECORDING LIEN In addition to having a lien for abatement expenses, any unpaid fines or costs of abatement shall constitute a lien upon the real estate in accordance with C.G.S. § 7-148aa, and each such lien shall be continued, recorded, and released as provided therein. Section X. EFFECTIVE DATE This Ordinance shall become effective fifteen days (15) days after publication in a newspaper having a substantial circulation within the City of Norwich. Section IX. MISCELLANEOUS PROVISIONS 1. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. 2. If any provision of this Ordinance or the application thereof 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. Mayor Deberey Hinchey Alderwoman Sofee Noblick  RESOLUTION #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, these funds are extended through the Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974 (Public Act 93-383), as amended in 1977; and WHEREAS, a request for proposals was published in January, 2014 for applications due in March 7, 2014, 2 public meetings were held March 24 and 26, 2014 by the Community Development Advisory Committee and a public hearing was held on May 5, 2014 by the Council of the City of Norwich regarding these funds; and WHEREAS, on June 16, 2014 the Council approved the allocation of funds with $141,191 designated as a fund balance and the Council has the authority to amend that allocation. NOW THEREFORE BE IT RESOLVED BY THE NORWICH CITY COUNCIL that the allocated sum of $814,280 in CDBG entitlement grant funds shall be amended as follows, and that the Community Development Director is hereby directed to update the Annual Action Plan for the City of Norwich prior to the approval by HUD and no later than September 1, 2014. PY 2014 CDAC Council CDBG - PY 2014 Request Recommended Approved AVAILABLE ALLOCATION $ 814,280.00 $ 814,280.00 $ 814,280.00 CD Office - Administration $ 162,856.00 $ 162,856.00 $ 162,856.00 TVCCA - Home Again Project - Homelessness In-Place Prevention $ 20,000.00 $ 20,000.00 $ 20,000.00 Norwich Adult Education - Community Development Through ESOL Instruction $ 10,000.00 $ 10,000.00 $ 10,000.00 Our Piece of the Pie - Norwich Workforce Development $ 30,000.00 $ 30,000.00 $ 30,000.00 Norwich Community Care Team - Shelter Diversion and Rapid Re-Housing $ 30,000.00 $ 30,000.00 $ 30,000.00 Norwich Human Services - Norwich Works $ 34,233.00 $ 34,233.00 $ 34,233.00 Safe Futures - Norwich Domestic Violence Response Team $ 5,000.00 $ 5,000.00 $ 5,000.00 Norwich Public Schools - BRIDGES Extended Learning Program $ 65,000.00 $ 50,000.00 $ 50,000.00 Norwich Fire Dept. - Headquarters Storage Facility $ 110,000.00 $ 110,000.00 $ 110,000.00 Disabilities Network of Eastern CT - Ramps for persons with disabiities $ 15,000.00 $ 15,000.00 $ 15,000.00 Norwich Housing Authority - JFK I Phase 3 (remaining 11 bldgs) $ 77,000.00 $ - $ 77,000.00 Habitat for Humanity - Rehabilitation of 6 Clairmont Court $ 25,000.00 $ 25,000.00 $ 25,000.00 CD Office - Property Rehab Project Delivery $ 64,000.00 $ 64,000.00 $ 64,000.00 Norwich Police Dept - Greenville PSCS Expansion $ 40,000.00 $ 40,000.00 $ 40,000.00 NCDC - Uncas Leap Blight Removal $ 170,000.00 $ - $ - CD Office - Clearance* Activities $ 141,191.00 $ - $ 141,191.00 Available for Allocation $ 814,280.00 $ 814,280.00 $ 814,280.00 Total Requests $ 829,280.00 $ 596,089.00 $ 814,280.00 FUND BALANCE* $ (15,000.00) $ 218,191.00 $ - * HUD defines Clearance as the process of demolition and removal of buildings Mayor Deberey Hinchey  RESOLUTION #2 WHEREAS, the Council of the City of Norwich by resolutions adopted July 7 and July 14, 2014 have authorized and directed City Manager, Alan H. Bergren, to sign, execute and deliver copies of an amended Management Services Agreement to be entered into with the Norwich RoseGarden Ice Associates, LLC to operate the Norwich Ice Rink; and WHEREAS, the Council of the City of Norwich by resolution adopted July 21, 2014 scheduled a public hearing on a proposed lease to be entered into between the City of Norwich and Norwich RoseGarden Ice Associates, LLC pertaining to the use and operation of the Norwich Ice Rink; and WHEREAS, said public hearing having been conducted, the Council of the City of Norwich finds it to be in the best interests of the City of Norwich to enter into a lease on terms substantrally as set forth in that attached to this resolution as Schedule 1 incorporating within it the terms and conditions of the Management Services Agreement. 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 execute said lease agreement incorporating the Management Services Agreement previously approved by the Council of the City of Norwich and to deliver a fully executed copy of the same to Norwich RoseGarden Ice Associates, LLC including, if requested, a short form notice of lease for recording on the land records. Mayor Deberey Hinchey  ,( : '( :. / ,,: .j (.' ;/1 clli A:-> LEASE AGREEMENT THIS LEASE AGREEMENT (this "Lease") is dated as of [ ],2014 (the "Effective Date"), and is made by and between the City of Norwich (the "Landlord"), with an office at 100 Broadway, Norwich, Connecticut, as Landlord, and Norwich RoseGarden Kee Associates, LLC (the "Tenant"), a Connecticut limited liability company, with an office at 123 Glenwood Avenue, Bridgeport, Connecticut, as Tenant. WHEREAS, the Landlord is the owner of the real property and improvements thereon commonly known as 641 New London Turnpike, Norwich, Connecticut (the "Real Property"), which real property is more particularly described on Exhibit A attached hereto and made a part hereof; WHERE~S, a portion of the Real Property consists of anice skating facility known as the Norwich Ice Skating Arena (such facility, together with all appurtenant facilities including but not limited to all refrigeration and ice maintenance equipment, parking lot, driveways and access ways, grounds, snack bar, and pro shop, hereinafter referred to as the "Premises"); WHEREAS, the Landlord and Tenant have entered into a Management Services Agreement dated of even date herewith (the "MSA"), a copy of which is attached hereto and made a part hereof as Exhibit B, pursuant to which the City granted Tenant the right to manage and operatethe Premises, subject to the Tenant's performance of the obligations provided for in the MSA; and WHEREAS, the Landlord and Tenant wish to enter into this Lease in connection with, and in furtherance of, the MSA in order to provide the Tenant with all of the rights required for it to receive the benefits of and perform its obligations under the MSA; NOW THEREFORE; in'consideration of the foregoing, the MSA and the following provisions, the parties agree as follows: . 1. Lease of Premises. Upon the terms and conditions of the MSA, all of which are hereby incorporated herein by reference as if the same had been fully set forth herein, the Landlord hereby leases the Premises to the Tenant for an initial term commencing on the Effective Date and ending on June 30,2024. The Tenant may extend the term of this Lease for three (3) consecutive ten (10) year periods at its sole discretion by providing written notice to the Landlord within 120 days prior to the expiration of the then current portion of the term indicating its intent to so extend the term hereof. Any extensions will operate under the terms and conditions provided for in the MSA. It is the intent of the parties that this Lease shall be co-terminus with the MSA and that upon the expiration or termination of the MSA, this Lease shall immediately expire. 2. Quiet Enjoyment. The Landlord represents that the Landlord is the owner of the Premises and is authorized to enter into this Lease. Subject to Tenant's performance of all of the obligations contained herein (and in the MSA, which is incorporated herein by reference), Tenant shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption by the Landlord or any other person or persons lawfully or equitably claiming by, through or under the Landlord. 3. Surrender. At the expiration or termination of this Lease, the Tenant will remove all of its goods and effects from the Premises and deliver the Premises to Landlord as provided in the MSA. 4. Default. For the avoidance of doubt, a default (after the expiration of any notice and cure period) under the MSA, will constitute a default by the Tenant under this Lease. Upon the occurrence of any such default under this Lease, the Landlord shall have the rights and remedies available to it under the MSA and may terminate this Lease and, in accordance with applicable law, re-enter and re-take possession of the Premises. S. Subletting: Assigmnent. The Tenant may not sublease or assign this Lease or the Premises except as provided in the MSA (and then only in conjunction with a permitted assignment of the MSA). 6. No Broker. The parties to this Lease represent to each other that no broker or agent brought the Premises to the Tenant's attention or was instrumental in effecting this Lease. 7. Notice of Lease. At the option of either the Landlord or Tenant, the Landlord and Tenant will execute a short form of lease suitable for recording purposes on the land records. 8. Entire Agreement Amendment. This Lease (and the MSA which is incorporated herein by reference) represents the entire agreement between the Landlord and Tenant regarding the Premises. There are no understandings, representations, or agreements regarding the Premises, oral or written, express or implied, other than those set forth in this Lease (and the MSA which is incorporated herein by reference). This Lease may be amended at any time only by a written agreement signed by the Landlord and Tenant. 9. Benefit. This Lease will be binding upon and inure to the benefit of the Landlord and Tenant, their respective legal representatives, successors and permitted assigns. 10. Applicable Law. This Lease will be governed by the laws of the State of Connecticut. The parties have signed this Lease as of the date first written above. LANDLORD: City of Norwich By: - - - - - - - - - Its: TENANT: Norwich RoseGarden Ice Associates, LLC By: _ Its Manager H:\A\Fa ley.L\NorwichHockey\Lease.docx 2  Exhibit A (Legal Description of Real Property)  Exhibit B (Copy of MSA) 4  RESOLUTION #3 WHEREAS, with the end of summer, children will be returning to school to start the 2014/2015 academic year; and WHEREAS, Alderman Terell Wilson has suggested that the Council of the City of Norwich sponsor a Back to School Bash to be held on Saturday, August 30, 2014 at the Greeneville 7th Street Park from 1:00 p.m. until 6:00 p.m. to allow the children of Norwich to gather together in anticipation of the upcoming school year and to have the opportunity to meet with representatives of the various schools of Norwich and with members of the city government in a social setting intended to encourage all of the students of Norwich to strive for excellence in their studies and to promote a safe environment for the children and families of Norwich. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the City of Norwich, together with such other organizations as may join with it, sponsor a Back to School Bash open at no cost to the children and families of Norwich in anticipation that this become an annual event, this year’s Back to School Bash to be held on August 30, 2014 from 1:00 p.m. to 6:00 p.m. at the Greeneville 7th Street Park. Alderman Terell Wilson  Resolution #4 WHEREAS, the Legal Department expended roughly $50,000 in excess of its fiscal year 2013-14 appropriation resulting from increased legal costs associated with personnel matters and collecting delinquent taxes; and, WHEREAS, the Police Department expended roughly $65,000 in excess of its fiscal year 2013-14 appropriation resulting from replacement costs incurred filling vacant shifts and increased fuel and utility costs; and, WHEREAS, the Norwich Fire Department expended roughly $65,000 in excess of its fiscal year 2013-14 appropriation resulting from the retirement payout for one of the Battalion Chiefs as well as higher-than-anticipated fuel, utilities, and building maintenance costs; and, WHEREAS, the Laurel Hill Volunteer Fire Department expended roughly $2,500 in excess of its fiscal year 2013-14 appropriation resulting from higher than anticipated utilities and equipment maintenance costs; and, WHEREAS, the Taftville Volunteer Fire Department expended roughly $2,000 in excess of its fiscal year 2013-14 appropriation resulting from higher than anticipated utilities costs; and, WHEREAS, the Yantic Volunteer Fire Department expended roughly $4,000 in excess of its fiscal year 2013-14 appropriation resulting from higher than anticipated utilities and equipment maintenance costs; and, WHEREAS, the Planning & Neighborhood Services Department expended roughly $4,000 in excess of its fiscal year 2013-14 appropriation resulting from higher than anticipated overtime costs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that $192,500 be and hereby is transferred from the 2013-14 Contingency budget to the 2013-14 Legal, Police, Norwich Fire, Laurel Hill Volunteer Fire, Taftville Volunteer Fire, Yantic Volunteer Fire, and Planning & Neighborhood Services departments as follows: Department Amount of Transfer Contingency 192,500 Subtotal - Budget Decreases 192,500 Legal 50,000 Police 65,000 Norwich Fire 65,000 Laurel Hill Volunteer Fire 2,500 Taftville Volunteer Fire 2,000 Yantic Volunteer Fire 4,000 Planning & Neighborhood Services 4,000 Subtotal - Budget Increases 192,500 Net Budget Change - City Manager Alan H. Bergren JOSHUA A. POTHIER, C.P.A. 100 Broadway Room 105 COMPTROLLER Norwich, CT 06360-4431 Phone: (860) 823-3720 www.norwichct.org/finance Fax: (860) 823-3812 jpothier@cityofnorwich.org July 28, 2014 To: Mayor Deberey Hinchey & Members of the Norwich City Council through City Manager Alan H. Bergren Re: Fiscal Year 2013-14 Preliminary General Fund Results The Finance Department is in the process of closing out the accounting records for fiscal year 2013-14. This memorandum serves as an overview of the preliminary, unaudited financial outcome for the General Fund. Revenues Many revenue items outperformed their budgetary expectations; especially delinquent property tax collections and conveyance taxes. However, because of its overages in special education costs, the Board of Education will need to use all of the $2.2 million of Special Education Excess Cost Grant funds that were received this year. As a result, we will be as much as $350,000 under our overall revenue projections. Expenditures As you know, the department budgets have all been squeezed tighter and tighter each year and one of the byproducts of this squeezing is the increased need for year-end budget transfers. The Human Services and Public Works budgets required transfers among their divisions. Their departments, as a whole, remained underbudget, with some divisions making up for overages in other divisions. There are a number of departments which will need a budget transfer this year: • Law – The legal services required this year increased sharply. One of the major drivers is the legal assistance for delinquent property tax collections. This activity could have been scaled back in order to save some money, but it would have had a deleterious effect on our ability to increase our tax collections – which could affect next fiscal year as well as this one. As I mentioned above, property tax collections are one of the revenue items that are beating our estimates. The Law budget will need a transfer of $50,000.  • Police – The Police budget experienced increases in Replacement Cost, Fuel, and Utilities. The Police have had several retirements this year which tend to drive up the Replacement Cost. The Police will need a transfer of $65,000. • Norwich Fire - This budget was impacted by the retirement payout for one of the Battalion Chiefs as well as higher-than-anticipated fuel, utilities, and building maintenance costs. This department will need a budget transfer of $65,000. • Laurel Hill Fire – This department will need a transfer of $2,500 because of utilities and equipment maintenance costs. • Taftville Fire – This department will need a transfer of $2,000 because of utilities. • Yantic Fire – This department will need a transfer of $4,000 because of utilities and equipment maintenance costs. • Planning & Neighborhood Services Department – expended roughly $4,000 in excess of its fiscal year 2013-14 appropriation resulting from higher than anticipated overtime costs. In all, General Fund departments will require $192,500 of transfers. The transfers will come from the Contingency line item and will not require the request for additional appropriations. Unrestricted Fund Balance The 2013-14 adopted budget included an appropriation of $400,000 of General Fund unrestricted fund balance (UFB). The Norwich City Council approved an additional appropriation of $165,500 for the school resource officers and TVCCA’s Meals-on-Wheels program. As a result, the budgeted decrease in UFB for 2013-14 would be $565,500. The underspending in some departments will help defray the $350,000 negative variance in the General Fund revenues, and I expect that the final decrease in General Fund UFB will be less than $800,000 – which will maintain the City’s UFB above 8% of annual operating expenditures. Please let me know if you have any questions. Sincerely, Joshua A. Pothier Comptroller  RESOLUTION #5 WHEREAS, CGS §§ 10-76d(e)(5) and 10-76g(b) state that the treasurer, within 30 days after receiving necessary documentation from the Board of Education, shall credit the Board of Education’s special education expenditure account with Special Education Excess Cost Grant receipts to the extent that the Board of Education’s actual special education expenditures exceeds its budget for such expenditures and; WHEREAS, the Comptroller of the City of Norwich has accounting and control responsibilities referred to in Norwich City Charter Chapter IX, §3 and; WHEREAS, the City of Norwich budgeted $1,200,000 in Excess Cost Grant revenues for fiscal year 2013-14 and actually received $ 2,217,082 and; WHEREAS, the Board of Education has delivered necessary documentation to the Comptroller indicating that the actual special education expenditures for fiscal year 2013-14 were $2,837,813.62 higher than the budget for such expenditures. NOW, THEREFORE, BE IT ACKNOWLEDGED BY THE COUNCIL OF THE CITY OF NORWICH, that, in accordance with CGS§§ 10-76d(e)(5) and 10-76g(b), the Comptroller will credit $2,217,082 of the Excess Cost Grant revenues to the Board of Education’s 2013-14 special education expenditures. City Manager Alan H. Bergren  R E S O L U T I O N #6 WHEREAS, the property owners listed below want to participate in a cost sharing program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: granite curbing and concrete sidewalks will be constructed at the following locations where the property owners will pay for an assessment for the cost of the sidewalks and the City of Norwich will pay for the cost of the curbing and miscellaneous items. Name Address Estimate Charlayne Williams & Iris E. Andrews 51 Division Street $ 5,069.00 Ann D. Engelhardt 47 Convent Avenue $ 2,878.50 Paul J. & Helen R. Lynch 15 Goldberg Avenue $ 1,961.85 Theresa A. Salahi 73 Peck Street $ 2,054.25 Henry W. & Elizabeth M. Belisle 249 Boswell Avenue $ 3,727.00 James V. Sbarbori 5 Francis Place $ 1,535.33 Richard H. & Mary E. Charland 4 Goldberg Avenue $ 4,842.75 Sandra J. Brokaw 756 Boswell Avenue $ 2,301.34 Sandra J. Brokaw 175 Laurel Hill Ave $ 2,273.70 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Construction Account #81000 and the Special Assessment Fund, Fund #40000, and that a public hearing be set at the second meeting of the City Council in August 2014. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $25,174.62. City Manager Alan H. Bergren