City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 A regular meeting of the Council of the City of Norwich was held January 19, 2016 at 7:00 PM in Council Chambers. Present: Mayor Hinchey, Aldermen Nystrom, Philbrick, Braddock and Martin. Acting City Manager Bilda and Corporation Counsel Michael Driscoll were also in attendance. Ald. Nash arrived at 7:05 pm and Ald. Gould was absent due to a previous engagement. Mayor Hinchey presided. Ald. Martin read the opening prayer and Ald. Braddock led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. Susan Goldman, 35 Sherwood Ln stated she was disturbed by some of Ald. Nystroms comments on the radio regarding not filling employee vacancies to lower expenditures. She talked especially about social services which provides a safety net to people, the recreation director positions and privatizing housing and felt leaving these positions unfilled is short sited and would have a negative long term image and effect on the City. She suggested to create a comprehensive long term strategy. Charles Evans, 49 Butternut Dr spoke on the failures and inaccurate facts regarding Chelsea Gardens. He asked for a list of public funds that were given to Chelsea Gardens be made public. He also asked how to get appropriate intervention by the council to have productive dialog on this issue. John Blackburn, 15 Alice St talked about a hiring freeze and stated it is common practice with the federal government. He stated his curbing was plowed up during the latest storm and was impressed that public works fixed it promptly. Rodney Bowie, 62 Roosevelt Ave spoke in support of Ald. Nystroms suggestion on the radio and felt some departments could do with less. He stated that seniors should plan for retirement and not count on social services. David Crabb, 47 Prospect St talked about various newspaper articles regarding Connecticut businesses moving/leaving that effect our tax base. He stated a previous City Manager doctored the budget by putting non-recurring items into the capital improvement budget and put the roads and draining projects out to be bonded instead of spending the current revenue. LeAnn Gomes, Director of Human Services stated she fully explained to Ald. Nystrom his radio broadcast concerns. She stated that 10% of her workforce is retiring after 30+ years of service and felt it was only right that some of these positions be refilled. She suggested taking a broader look at social services and the many benefits it offers such as the senior center, recreation, heating and rental assistance, etc. for citizens of Norwich. Sue Domijan, 211 Summit St stated she took a class “voice for families” through human services and it encouraged her get involved in opportunities within her in the community. Mayor Hinchey declared citizen comment closed Mayor Hinchey called for a Public Hearing on AN ORDINANCE APPROPRIATING $800,000 FOR SELF CONTAINED BREATHING APPARATUS PACKS FOR THE CITY OF NORWICH FIRE DEPARTMENTS AND AUTHORIZING THE ISSUE OF $800,000 BONDS OF THE CITY TO MEET 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Speaking in favor: David Burley, 638 Scotland Dr stated he has a great deal of respect for the following people; military, law enforcement and firefighters and felt they deserve the best equipment money can buy. He asked the Council to support this ordinance but not through a bond. He stated a 10 year loan at 3% for $800,000 is $130,000 in interest where if non-bonded an interest savings of $40,000 he asked to find another source that would save the taxpayers the costs associated with bonding and interest rates. He stated the new council promised changes and ask them to make good on their promises. Timothy Jencks, Chief of Taftville Fire Department, stated all the chiefs worked with the Finance department, previous Council and City Manager and to find alternative funding for this project. He stated this is the most important piece of equipment to go into a hazardous situation and the old packs have met the up-grades. He asked the council to support this. Samuel Browning, 671 Scotland Rd, asked why only four out of the six departments are getting the packs. John Blackburn, 15 Alice St stated this is a very important part of the firefighter equipment and asked to find the money to support this ordinance. Speaking in opposition: David Crabb, 47 Prospect St is opposed to this ordinance and state that if city money was spent on purchasing property there should be enough to buy this equipment and asked to put this item back in the budget where it belongs. Rodney Bowie, 62 Roosevelt Ave stated his main objection is this money should be in the budget. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for the second reading and action on AN ORDINANCE APPROPRIATING $800,000 FOR SELF CONTAINED BREATHING APPARATUS PACKS FOR THE CITY OF NORWICH FIRE DEPARTMENTS AND AUTHORIZING THE ISSUE OF $800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Upon a motion Ald. Philbrick, seconded Ald. Braddock, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Upon a motion Ald. Braddock, seconded by Ald. Nash, to adopt the following ordinance introduced by Acting City Manager Bilda. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 AN ORDINANCE APPROPRIATING $800,000 FOR SELF CONTAINED BREATHING APPARATUS PACKS FOR THE CITY OF NORWICH FIRE DEPARTMENTS AND AUTHORIZING THE ISSUE OF $800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $800,000 is appropriated for the purchase of self-contained breathing apparatus (“SCBA”) packs and warranties related thereto for the City of Norwich fire departments and such additional related improvements and equipment as may be accomplished within said appropriation (collectively, “Equipment”), and for administrative, consulting, advertising, printing, legal and financing costs to the extent paid therefrom. Said appropriation shall be in addition to grant funding and all prior and future appropriations for said purpose. Section 2. The total estimated cost of the Equipment is $800,000. No portion of the Equipment cost is expected to be paid from sources other than the proposed bond issue. The estimated useful life of the Equipment is 10 years. The Equipment is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation $800,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the tenth (10th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, 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, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended. In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7- 370b, including the authority to enter into agreements moderating interest rate fluctuation, provided any such agreement or exercise of authority shall be approved by the City Council. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 expenditures incurred for the Equipment to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose, including the bonds and notes and Equipment herein authorized. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the General Statutes of Connecticut, as amended, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Equipment. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a hank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct Payment and Tax Credit versions. The above ordinance passed on a roll call vote of 6-0. Gerry Paradis from Blum Shapiro PC gave the audit presentation. An oral report from J.P. Mereen, Geoffrey Steadman, Peter Davis and Gary Evans regarding 1 Terminal Way boat launch. Upon a motion of Ald. Philbrick, seconded by President Pro Tem Nystrom, to suspend the rules to move Resolution # 9 and take it up first. After discussion with Corporation Counsel. Motion to withdraw of Ald. Philbrick seconded by President Pro Tem Nystrom. Acting City Manager Report: City Manager’s Report – January 19, 2016 Highlights of the accomplishments and initiated projects over the past year: • Successfully promoted Deputy Chief Pat Daley and placed new Public Works Director Ryan Thompson. Both positions are critical to the success of the city. • Established regular bi-weekly meetings with Fire department leadership to streamline mutual aid assignments, review incidents, and develop a matrix to standardize training throughout the volunteer companies. Additionally, IPad mapping solutions were deployed city-wide. • Built, tested and went live with a city-wide document and process management system (WAGSIS). • Funded and began build-out of new city phone system and IT network VOIP, leveraging the NPU network and fiber system. • Developed and implemented a retirement incentive for one city bargaining unit to provide a better planning tool for right sizing staffing levels and cash flows associated with retirements. • Instituted a Realistic Job Preview process with the Human Resources department for final interviews of both internal and external candidates. Mayor Hinchey called for citizen comment on resolutions. Elanah Sherman, 61 Cedar St spoke on resolution #1 and 6 and stated these candidates are a very promising appointment. She also commented on resolution #7 and asked the council to explain with more details on this incentive. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 David Crabb, 47 Prospect St spoke on resolution #7 and stated it is ironic and highly unusual for the law suit against Chelsea Gardens be dropped and that the state wants to give the city money to plant trees. He hope on resolution # 5 the governor would bring in some replace money for the lost tax revenue of people leaving the city. Sheila Hayes, 288 Central Ave spoke on resolution #9 and thanked John Bilda for his service as Acting City Manager and hope to see the newly appointed City Manager continue to address the needs of Greeneville and Taftville and other areas of the city that need to be addressed. She applauded the people who stepped up on resolution # 3 and on resolution #6 stated the appointee would work to bring back previous programs. Mayor Hinchey declared citizen comment on resolutions was closed. Upon a motion of Ald. Philbrick, seconded by President Pro Tem Nystrom, it was unanimously voted to suspend the rules to move Resolution # 9 and take it up first. Upon a motion of Ald. Nash made a motion, seconded by Ald. Braddock, to adopt the following resolution introduced by Mayor Hinchey. Upon a motion of Ald. President Pro Tem Nystrom, seconded by Ald. Philbrick, it was unanimously voted to amend the following resolution to add that “ John Salomone“, effective date of “January 27, 2016“ , commence on “February 1, 2016“ and contract with “John Salomone”. RESOLVED that John Salomone be, and he hereby is, appointed as City Manager for the City of Norwich pursuant to Chapter VI, Section I, of the Charter of the City of Norwich and in accordance with the terms of his employment contract having an effective date of January 27, 2016, with his service as City Manager to commence on February 1, 2016. AND, BE IT FURTHER RESOLVED that Mayor Deberey Hinchey be, and she hereby is, authorized and directed to execute said agreed employment contract with John Salomone. Motion passes on a vote of 6-0. Upon a motion of Ald. Braddock, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. BE IT RESOLVED that the Council Member listed below, be, and hereby is, appointed to the Mohegan Park Improvement and Development Advisory Committee for a term to expire on December 5, 2017. Ald. Joanne Philbrick (R) Upon a motion of Ald. Nash, seconded by Ald. Philbrick, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nystrom, Ald. Gould and Braddock. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 BE IT RESOLVED that the following be appointed as a member to the Board of Public Utilities Commissioners and Sewer Authority for a term to expire on March 01, 2019 or until a successor is appointed; Steven Becker (R) Upon a motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nystrom, Ald. Gould and Braddock. BE IT RESOLVED that the following be appointed as a regular member to the Ethics Commission for a term to expire on October 18, 2017 or until a successor is appointed; Robert Michael Ballard (U) BE IT RESOLVED that the following be appointed as an alternate member to the Ethics Commission for a term to expire on October 18, 2017 or until a successor is appointed; Gregory Schlough (D) Upon a motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Acting City Manager Bilda. RESOLVED, that the accounting firm of Blum Shapiro PC be and hereby is, appointed to perform the regular general audit for the City of Norwich (including the Board of Education, Department of Public Utilities, and Community Development) for fiscal year 2015-2016. Upon a motion of Ald. Braddock, seconded by Ald. Martin, it was unanimously voted to adopt the following resolution introduced by Acting City Manager Bilda. WHEREAS, there is on file in the Tax Collector’s Office the names and addresses of the persons against whom motor vehicle taxes and personal property taxes on the Grand Lists up to and including 2012, were levied and the reasons why the Tax Collector believes such taxes are uncollectible; and, WHEREAS, in accordance with the Tax Collector’s recommendation the aggregate sum of $315,135 is the total outstanding motor vehicle tax on the Grand Lists up to and including 2012, to be transferred to the suspense tax book and $81,160 is the total outstanding personal property tax on the Grand Lists up to and including 2012, to be transferred to the suspense tax book; and, WHEREAS, nothing herein contained shall be construed as an abatement of any tax transferred to the suspense tax account, but any such taxes, as it shall have been increased by interest, penalty fees and charges may be collected; and 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 WHEREAS, the City has contracted with Rossi Law Offices to pursue collection of the aforesaid accounts; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the following aggregate sums representing personal property taxes of $315,135 and motor vehicle taxes of $81,160 on the Grand Lists up to and including 2012, be and the same hereby are transferred to the suspense account. Upon a motion of Ald. Philbrick, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nystrom, Ald. Gould and Braddock. BE IT RESOLVED that the below named be appointed as regular member of the Mohegan Park Improvement and Development Advisory Committee with a term to expire on December 31, 2016 or until a successor is appointed: Beryl Fishbone (R) Upon a motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Mayor Hinchey. WHEREAS, the State of Connecticut Department of Energy and Environmental protection (DEEP), Division of Forestry, through the America the Beautiful (ATB) Grant Program makes funds available for the purpose of advancing urban forestry throughout the state; and WHEREAS, the application for the ATB Grant requires the approval of the municipality’s legislative body. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that, Acting City Manager John Bilda is empowered to execute and deliver in the name and on behalf of this City Council a certain contract with the Department of Energy and Environmental Protection of the State of Connecticut for the fulfillment of the America-the –Beautiful grant, and is authorized to affix the Corporate Seal; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that a copy of this signed resolution shall be forwarded to the DEEP as part of the city of Norwich’s application. Upon a motion of Ald. Braddock, seconded by Ald. Martin, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock. WHEREAS, the Council of the City of Norwich, by resolution adopted October 21, 2013, noted that the city was the owner of properties on Jail Hill identified as 3-5 Fountain Street, 9 Fountain Street and 9½ Fountain Street, all located near the intersection of Fountain Street and School Street; and WHEREAS, the council expressed its opinion that the existing structure at 9½ Fountain Street was in significant disrepair and should be demolished and that the property at 9 Fountain Street was in disrepair but capable of being renovated; and 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 19, 2016 WHEREAS, by this resolution the council appointed a committee to be known as the Fountain Street Committee of Sale (“Committee”)to prepare guidelines for the redevelopment or other reuse of the properties, to solicit requests for proposals for the rehabilitation, redevelopment or reuse of the properties, to set a minimum bid for the properties in consultation with city officials, to select a preferred developer or preferred developers, and to make recommendations to the Council of the City of Norwich regarding the same; and WHEREAS, said Committee fulfilled the directive of the Council of the City of Norwich and recommended the city select Gil and Barbara Jordan as preferred developer for the properties at 3-5, 9 and 9½ Fountain Street, which recommendation the council approved by resolution adopted November 3, 2014, contingent upon the Jordans entering into a satisfactory Development Agreement; and WHEREAS, On March 24, 2015 the city and the Jordans entered into such a Development Agreement pursuant to which Jordans demolished the structure at 9½ Fountain Street and rehabilitated the building located at 9 Fountain Street; and WHEREAS, on September 28, 2015 the City of Norwich Building Official issued a Certificate of Occupancy for the building at 9 Fountain Street permitting it to be used as a two-family residence; and WHEREAS, the City of Norwich conveyed said properties to Gil and Barbara Jordan on March 24, 2015; and WHEREAS, the Fountain Street Committee of Sale has completed the project assigned to it by the Council of the City of Norwich NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Fountain Street Committee of Sale be and hereby is relieved of further responsibility and discharged of future obligation with respect to said properties, and the Committee is dissolved with the thanks and appreciation of the City of Norwich. Upon a motion of Ald. Martin, seconded by Ald. Philbrick, it was unanimously voted to adjourn at 9:25 pm. CITY CLERK 9