City Council

CITY OF NORWICH CONNECTICUT AGENDA - MEETING OF THE COUNCIL OF THE CITY OF NORWICH March 16, 2015 6:30PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PUBLIC HEARINGS 1. AN ORDINANCE REGARDING: SNOW AND ICE ON SIDEWALKS ABUTTING PROPERTY SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Report from the Charter Revision Commission CITY MANAGER'S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to reappointments to the Community Development Advisory Committee. 2. Relative to an alternate appointment to the Historic District Committee. 3. Relative to an appointment and reappointment to the Board of Review (Dangerous Buildings). 4. Relative to reappointments to the Personnel and Pension Board. 5. Relative to reappointments to regular and alternate members of the Commission on the City Plan. 6. Relative to a reappointment to an alternate member of the Historic District Commission. 7. Relative to a reappointment to the Board of Public Utilities Commissioners/Sewer Authority. 8. Relative to appointments to the Commission for the Disabled 9. Relative to reappointments to the Uncas Health District. 10. Relative to holding a public hearing on the report and recommended changes submitted by the Charter Revision Commission. NEW BUSINESS ORDINANCE 1. AN ORDINANCE APPROPRlATING $5,500,000 FOR IMPROVEMENT TO THE DEEP RIVER RESERVOIR, AUTHORIZING THE ISSUANCE OF $5,500,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, 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, AND REPEALIJ\JG PRIOR ORDINANCES Nos. 1700 and 1701 FINANCING DEEP RNER RESERVOIR IMPROVEMENTS AND CONSOLIDATING AND EXPANDING THOSE IMPROVEMENTS WITHIN ONE ORDINANCE HEREIN City Clerk  PUBLIC HEARING #1 AN ORDINANCE REGARDING: SNOW AND ICE ON SIDEWALKS ABUTTING PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT CHAPTER 19, ARTICLE I, SECTION 19-4.1 BE AMENDED TO INCLUDE THE FOLLOWING STATUTORY LANGUAGE FOR ADDITIONAL CLARIFICATION: Sec. 19-4.1. Act of the general assembly concerning municipal liability for ice and snow on sidewalks adopted by reference. (1) The provisions of e.G.S. § 7-163a removing liability of the city to any person injured by the presence of ice and/or snow on a public sidewalk are hereby adopted. (2) Notwithstanding the provisions of e.G.S. § 13a-149 or any other general statute or special act, the City shall not be liable to any person injured in person or property caused by the presence of snow or ice on a public sidewalk unless the City is the owner or person in possession and, control of land. abutting such sidewalk, other than land used as a highway or street, provided that the City shall be liable for its affirmative acts with respect to such sidewalk. (3) The owner or person in possession and control of land abutting a public sidewalk shall have the same duty of care with respect to the presence of snow and ice on such sidewalk toward the portion of the sidewalk abutting his property as the City of Norwich had prior to the effective date for e.G.S. § 7-163a, and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury. (4) No action to recover damages for injury to the person or property caused by the presence of ice and snow on a public sidewalk against a person who owns or is in possession and control of land abutting a public sidewalk shall be brought but within two years from the date when the injury was first sustained. Acting City Manager John Bilda  RESOLUTION #1 BE IT RESOLVED that the following be reappointed as a regular member to the Community Development Advisory Committee for a term to expire on December 31, 2016 or until a successor is appointed; Brian Eckenrode (R) Robert Moore (D) President Pro-tern Pete Desaulniers Alderwoman Sofee Noblick Alderman Bill Eyberse  RESOLUTION #2 BE IT RESOLVED that the below named be appointed as alternate member ofthe Historic District Committee with a term to expire on December 31, 2017 or until a successor is appointed: Richard Guidebeck (R) President Pro Tern Pete Desaulniers Alderwoman Sofee Noblick Alderman Bill Eyberse  RESOLUTION #3 BE IT RESOLVED that the following be reappointed as a regular member to the Board of Review (Dangerous Buildings) for a term to expire on June 01, 2017 or until a successor is appointed; Joseph East (D) BE IT RESOLVED that the following be appointed as a regular member to the Board of Review (Dangerous Buildings) for a term to expire on June 01, 2017 or until a successor is appointed; James Heist (R) Mayor Deberey Hinchey President Pro-tern Pete Desaulniers  RESOLUTION #4 BE IT RESOLVED that the following be reappointed as regular members to the Personnel and Pension Board for a term to expire on March 01, 2017 or until a successor is appointed; John A. John (R) Paul Schroder (R) Mayor Deberey Hinchey President Pro-tern Pete Desaulniers  RESOLUTION #5 BE IT RESOLVED that the below named be reappointed as regular members of the Commission on the City Plan with a term to expire on February 28, 2017 or until a successor is appointed: Frank Manfredi (D) Arthur Sharron (D) BE IT RESOLVED that the below named be reappointed as alternates of the Commission on the City Plan with a term to expire on February 28,2017 or until a successor is appointed: Daniel Daniska (D) John Mathieu (D) Mayor Deberey Hinchey President Pro Tern Pete Desaulniers  RESOLUTION #6 BE IT RESOLVED that the below named be reappointed as an alternate member to the Historic District Commission for a term to expire on December 31, 2016 or until a successor is appointed. Timothy Dowhan CD) Mayor Deberey Hinchey President Pro Tern Pete Desaulniers  RESOLUTION #7 BE IT RESOLVED that the following be reappointed as a member to the Board of Public Utilities Commissioners/Sewer Authority for a term to expire on March 01, 2020 or until a successor is appointed; Diana Boisclair (R) Mayor Deberey Hinchey President Pro-tern Pete Desaulniers  RESOLUTION #8 BE IT RESOLVED that the below named be appointed as regular members of the Commission for the Disabled with a term to expire on March 16, 2017 or until a successor is appointed: Raymond DeBlasio (D) Cynthia Litton (D) Michael Menders (D) Jane O'Friel (D) . Lottie Scott (D) Mayor Deberey Hinchey President Pro Tern Pete Desaulniers  RESOLUTION #9 BE IT RESOLVED that the below named be reappointed as regular members of the Uncas Health District with a term to expire on January 09, 2018 or until a successor is appointed: Frank J. Jacaruso, Jr. JoAnn Merolla-Martin William Warzecha Jane O'Friel Mayor Deberey Hinchey President Pro Tern Pete Desaulniers  RESOLUTION #10 WHEREAS, the report of the Charter Revision Commission was submitted to the Norwich City Clerk on NOW THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH that a public hearing on the report and recommended changes submitted by the Charter Revision Commission be held on Monday, March 30, 2015 at 6:30 pm in the council chambers in the city hall building. Mayor Deberey Hinchey  ORDINANCE 11 AN ORDINANCE APPROPRlATING $5,500,000 FOR IMPROVEMENT TO THE DEEP RlVER RESERVOIR, AUTHORlZING THE ISSUANCE OF $5,500,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AUTHORlZING 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, AND REPEALING PRlOR ORDINANCES Nos. 1700 and 1701 FINANCING DEEP RIVER RESERVOIR IMPROVEMENTS AND CONSOLIDATING AND EXPANDING THOSE IMPROVEMENTS WITHIN ONE ORDINANCE HEREIN BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $5,500,000 is appropriated for the planning, acquisition and construction of the improvements to the Deep River Reservoir and water delivery structures associated therewith (the "Project"). The Project shall include but not' be limited to rehabilitation, repair or replacement of all or any portions of the existing transmission main, and pump, drive and tank storage systems, site work, easements, land acquisition, under drain system, flow control meters and valves, rapid mix tank, piping, meters, water delivery infrastructure, environmental remediation, 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"). Said appropriation shall be inclusive of state and federal grants in aid thereof. The Department is authorized to enter into contracts, expend the appFopriation and implement the Project herein authorized. Section 2. The estimated useful life of the Project is thirty years. The total estimated cost of the Project is $5,500,000. $805,016.06 of the total Project cost is estimated to be grant funded, and $4,694,983.94 financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan. The Project is a general benefit to the City of Norwich and its general governmental purposes. SectionJ. To meet said appropriation: (i) bonds of the City or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the thirtieth (or such longer term as may be authorized) year after their date. Said bonds may be issued in one or more series as determined by the City Manager, the Comptroller - acting on behalf of the City herein - and General Manager City of Norwich Department of Public Utilities - acting on behalf of the Department and the Board of Public Utilities Commissioners (hereafter the "Board") herein - (the "Issuer Officials") and the amount of bonds of each series to be issued shall be fixed by the Issuer Officials in the amount necessary to meet the Issuer's share of the cost of the Project determined after considering the estimated amount of the State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the anticipated ·times of the receipt of the proceeds 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. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, or, be combined with other bonds of the Issuer and such combined issue shall be in the denomination per aggregate maturity 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 facsimile or manual signatures of the Issuer Officials bear the City seal or a facsimile thereof, be certified by a bank: or trust company designated by the Issuer Officials, which bank: or trust company may be designated the registrar and transfer agent, be payable at a bank: or trust company designated by the Issuer Officials and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the Issuer Officials. The issuance of such bonds in one or more series, the aggregate principal amount of bonds to be issued, the 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 Issuer Officials, in accordance with the Joint Resolution. In the case of Parity Indebtedness as defined in the Joint Resolution between the City of Norwich and the Board (as hereinafter defined as the "Joint Resolution"), the Issuer Officials, shall also determine the revenues and property to be pledged for payment of such Parity Indebtedness; or (ii) temporary notes of the City may be issued in one or more series pursuant to Section 7-244a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by the Issuer Officials, and they are hereby authorized to determine the date, maturity, interest rate, form and other details and particulars of such notes, and to sell, execute and deliver the same; or (iii) Intentionally left blank; or (iv) interim funding obligations and project loan obligations or any other obligations of the City (hereinafter "Clean Water Fund Obligations") evidencing an obligation to repay any portion of the costs of the Project determined by the State of Connecticut Department of Environmental Protection, Public Health or other department as applicable to be eligible for funding under Section 22a-475 et seq. of the Connecticut General Statutes, as the same may be amended from time to time (the "Clean Water Fund Progra,n"). The General Manager City of Norwich Department of Public Utilities is authorized in the name and on behalf of the City and the Board to apply for and accept any and all Federal and State loans and/or grants-in-aid of the Project and is further authorized to expend said funds in accordance with the terms hereof and in connection therewith to contract in the name of the Department with engineers, contractors and others. 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 $5,500,000. The Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim furtding obligations and project loan obligations, subject to the provisions of the Clean Water Fund Program, and to execute and deliver the same. Clean Water Fund Obligations shall be secured solely from a pledge of water system revenues; or (v) promissory notes, bonds or other obligations made payable to the United States of America to meet any portion of the costs of the Project determined by the federal government, including acting through the Rural Utility Service of the United States Department of Agriculture ("USDA") or other federal program or agency, to be eligible for loan and/or grant monies; or (vi) any combination of bonds, temporary notes, notes, or obligations as set forth in the preceding subsections 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 $5,500,000. Section 4. (i) Bonds, temporary notes, or water assessment notes, Clean Water Fund Obligations and federal obligations all as set forth in section 3 are hereafter referred to as "Bonds." The Bonds shalT be water revenue bonds of the City, the payment of principal and interest on which shall be secured solely by revenues derived from the operation of the water system, including use charges, connection charges, benefit assessments or any combination thereof, investment income derived there from, or other property of the water system or revenue derived from the operation of the water system in accordance with the Joint Resolution. Each of the Bonds shall recite to the effect 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 such Bond does not constitute a general obligation of the City for which its full faith and credit is pledged, and that such Bond is payable solely from revenues, assessments, charges or property of the water system specifically pledged therefore. (ii) The bonds authorized to be issued by section 3 shall be, issued and secured pursuant to the Joint Resolution approved by the City Council on August 7, 2000, and the Board on July 17, 2000, as amended, and as supplemented by various supplemental Resolutions adopted pursuant to the Joint Resolution, and which is hereby ratified, confirmed and approved in its entirety, including without limitation, the rate and revenue covenants therein. The Board irrevocably agrees to comply with the provisions of the Joint Resolution, including Supplemental Resolutions, including but not limited to: to set, establish and collect and maintain rates and revenue as necessary to continually comply with the terms, conditions and covenants of the General Resolution. The City irrevocably agrees to comply with the provisions of the General Resolution. In order to implement the provisions of the Joint Resolution the City and the Board may enter into an indenture of trust with a bank and trust company which indenture may contain provisions customarily included in revenue bond financings, including provisions of a similar nature  to those in the Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability. The Issuer Officials are hereby authorized to execute arid deliver on behalf of the City and the Board an indenture in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. (iii) The Issuer Officials on behalf of the City and the Board are authorized to agree to additional terms and to delete or change existing terms and otherwise amend the form of Joint Resolution in order to obtain State or federal funding, provide better security for the bonds, correct any matter, cure any ambiguity or defect or otherwise benefit the Issuer in their judgment. Such additional or different terms may include restrictions on the use of water funds or fund balance or water operations, coverage ratios, additional or changed reserve requirements, identification and pledge of revenues securing the Bonds, providing for the form of the Bonds, conditions precedent to the issuance of Bonds and additional Bonds, the establishment and maintenance of funds and the use and disposition there from, including but not limited to accounts for the payment of debt service, the payment of operating expenses, debt service reserve and other reserve accounts, providing for the issuance of subordinated indebtedness, defining an event of default and providing for the allocation of revenues in such event, credit enhancement, providing for a pledge and allocation of water revenues to pay for obligations issued by third parties, and provisions of a similar and different nature to those in the Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability, and to obtain the benefits of any state or federal grant or low interest loan program, including but not limited to the Clean Water Fund and Federal Department of Agriculture Programs. The Issuer Officials are hereby authorized, in addition to the General Resolution, to execute and deliver on behalf of the Issuer and the Board an indenture of trust in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. Section 5. 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 6. Said Bonds shall be sold by the Issuer Officials in a competitive offering or by negotiation, in their discretion. If sold in a competitive offering, the Bonds shall be sold upon sealed proposals at not less than par and accrued interest on the basis of the lowest not 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 Issuer Officials, are authorized to execute a purchase agreement on behalf of the City and Board containing such terms and conditions as they deem appropriate and not inconsistent with this Ordinance.  Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City of Norwich (the "Issuer") hereby expresses its official intent pursuant to section 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 Resolution in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations ("Bonds") authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller, and General Manager City of Norwich Department of Public Utilities or their designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. It is hereby found and determined that it is in the public interest to issue 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 ptrrposes of federal income taxation. The Issuer Officials are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal government pursuant to law, including but not limited to any "tax credit bond," or "Build America Bonds" including Direct Payment and Tax Credit Versions. Section 9. This Ordinance shall be effective upon adoption by the City Council and its approval by the Board. Section 10. Simultaneously upon effectiveness of this Ordinance, Ordinances 1700 and 1701 shall be repealed. The expenses paid from, debt issued, funding agreements and contracts entered into and proj ects undertaken pursuant to Ordinances 1700 and 1701, shall remain in full force and effect, shall be funded from, issued, entered into, and enforceable against the City and Board of Public Utilities Commissions, pursuant to the authorization of this Ordinance and the terms thereof. Mayor Deberey Hinchey