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City Council

Regular Meeting

Norwich, CT · December 19, 2016

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 A regular meeting of the Council of the City of Norwich was held December 19, 2016 at 7:00 PM in Council Chambers. Present: Mayor Hinchey, Aldermen Philbrick, Braddock, Gould, Martin and Nash. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Ald. Nystrom, arrived at 7:10 pm. Mayor Hinchey presided. Ald. Gould read the opening prayer and Ald. Braddock led the members in the Pledge of Allegiance. Mayor Hinchey called for a moment of silence for Cora Boulware passing. Mayor Hinchey called for citizen comment. Beryl Fishbone, 19 Bliss Place, stated the art show in downtown was a positive event and suggested that communication is needed between groups to coordinate events. David Burley, 638 Scotland Rd, read two charter sections Chapter XII, section 3- Utilities regarding board members and asked for clarification on two members being on the CMEEC board is it in conflict of the charter and section 10-Rates and talked about the water rate increase in January and asked if that was “just and reasonable”. Gregg Grippo, 209 Boswell Ave, read a song. David Crabb, 47 Prospect St, talked about a failure to communicate on the NPU fees and thought customers were protected by usury law. Shiela Hayes, 288 Central Ave, talked about the conference she attended called “Thrive”. It was very informative. She also talked about Wally Lamb being at the Garde Arts Theater. Mayor Hinchey declared citizen comment closed Mayor Hinchey called for a Public Hearing on AN ORDINANCE INCREASING THE APPROPRIATION FROM $2,800,000 TO $3,500,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, INCREASING THE AUTHORIZATION FROM $2,800,000 TO $3,500,000 FOR THE ISSUANCE OF 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. Speaking in favor: Chris LaRose, Asst. General Manager NPU, stated this increase is to redesign the water tank and the construction cost has gone up in the last three years due to inflation. He stated they have changed the scope of the project in some areas because of some environmental issues and stated the tank will be on the same footprint. He stated this would have a minimum impact to Mohegan Park and give safe and extra parking for the basketball court, replace the nonfunctioning regulators and would allow running of fiber optics to Bentley Brook. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 Beryl Fishbone, 19 Bliss Place, wondered why there was a different presentation to the Mohegan Park Improvement and Development Advisory Committee, than what was presented at the NPU hearing, and the newspaper. Shiela Hayes, 288 Central Ave, felt the new water tank is more efficient, modern and stated she is for progress. David Crabb, 47 Prospect St, spoke in favor of amending this ordinance using the supersized undesignated fund balance to support this needed tank expenditure and let NPU pay the City back so NPU wouldn’t have to increase the price in January. Speaking in opposition: Scott Harrington, 219 Rockwell Ave, thanked Ald. Philbrick, Gould and Martin for taking time and getting back with him. He asked why this wasn’t included in 2013 which now will cost a million dollars more stating this is mismanagement of our utilities moneys. He asked this Council to say no to NPU. David Burley, 638 Scotland Rd, asked besides reducing the tank size which other ideas have been brought to the table. Stated with our properties under water it makes no sense to pass this ordinance. Rodney Bowie, 62 Roosevelt Ave, stated we can’t afford what is proposed and doesn’t see the reason to change this tank. Marvin Serruto, 100 Star St, asked technical questions about the tank and why it’s not compatible with the one we have presently. He asked the cost and a better explanation for the communication system. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for a Public Hearing AN ORDINANCE APPROPRIATING $2,900,000 FOR UPGRADES TO THE DEPARTMENT OF PUBLIC UTILITIES’ WATER METERING SERVICES, AUTHORIZING THE ISSUANCE OF $2,900,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. Speaking in favor: Chris LaRose, Asst. General Manager NPU, stated they secured funding from The Department of Energy to replace a vast majority of the electric meters, and received bonding money for the gas meters expansion, the third is water meters. This is for the remaining water and gas meters thus making a more efficient department and will put all the infrastructure on one network. Speaking in opposition: David Burley, 638 Scotland Rd, stated he doesn’t understand where the water cost benefits lay. He also asked if they were replacing water meter readers with high tech personnel. He 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 questioned if there would be cyber security issues. He also mentioned the ongoing ethics issues. David Crabb, 47 Prospect St, asked about the cost benefit ratio and stated this ordinance is premature. He asked if we need this with a lower tax base and asked to stop it now. Beryl Fishbone, 19 Bliss Place, stated her customer fee is over $62.00 per month for gas, sewer, water and electric and asked if this would reduce the customer fee. There being no further speakers Mayor Hinchey declared the public hearing closed. Mayor Hinchey called for the second reading and action on AN ORDINANCE INCREASING THE APPROPRIATION FROM $2,800,000 TO $3,500,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, INCREASING THE AUTHORIZATION FROM $2,800,000 TO $3,500,000 FOR THE ISSUANCE OF 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. Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. Ald. Philbrick motioned, seconded by Ald. Braddock, to adopt the following ordinance introduced by Mayor Hinchey. Council’s Amending Ordinance AN ORDINANCE INCREASING THE APPROPRIATION FROM $2,800,000 TO $3,500,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, INCREASING THE AUTHORIZATION FROM $2,800,000 TO $3,500,000 FOR THE ISSUANCE OF 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. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. An Ordinance adopted March 4, 2013, entitled “AN ORDINANCE APPROPRIATING $2,800,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, AUTHORIZING THE ISSUANCE OF $2,800,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO” (the “Prior Ordinance”), which ordinance is hereby ratified, confirmed and adopted, is amended to increase the appropriation and bond authorization therein by $700,000, from $2,800,000 to $3,500,000. The changed portions of the Prior Ordinance set forth in cross marks representing deletions and bold representing additions is as follows: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 Section 2. The title of the Ordinance is amended to read as follows: AN ORDINANCE APPROPRIATING $3,500,000$2,800,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, AUTHORIZING THE ISSUANCE OF $3,500,000$2,800,000 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 Section 3. The first sentence of Section 1 of the Prior Ordinance is amended to read as follows: “Section 1. The sum of $3,500,000 $2,800,000 is appropriated for the planning, acquisition and construction of a new water storage tank to replace the current Mohegan Park Tank located in Norwich, Connecticut, including the construction of a new tank, demolition of the existing tank, site work, easements, land acquisition, improvements to the Bentley Brook pressure reducing station and fiber optics connecting the new tank and the Bentley Brook station necessary for the proper operation of the new tank, related and appurtenant improvements, or so much thereof, or such additional improvements as may be accomplished within said appropriation provided herein, and including administration, advertising, printing, legal, and financing costs (hereafter the “Project”) as shall be determined by the Norwich Department of Public Utilities (the “Department”).” Section 4. Section 2 of the Prior Ordinance is amended to read as follows: “Section 2. The estimated useful life of the Project is thirty years. The total estimated cost of the Project is $3,500,000 $2,800,000. $3,200,000.00 $2,498,184 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan. The Project is a general benefit to the City of Norwich and its general governmental purposes.” Section 5. Subsection (iv) [third sentence] and (vi) of Section 3 of the Prior Ordinance are amended to read as follows: “(iv) . . . .The City may issue Clean Water Fund Obligations in one or more series and in such denominations as the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $3,500,000 $2,800,000. . . .” “(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 $3,500,000 $2,800,000.” Section 6. The amount of $3,500,000 is substituted for the amount $2,800,000 in the Prior Ordinance unless otherwise provided herein. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 Section 7. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended” at the top, and filed with the minutes of the Meeting at which the Amending Ordinance is adopted. Section 8. This Amending Ordinance shall be effective upon adoption by the City Council and its approval by the Board. AS AMENDED AN ORDINANCE APPROPRIATING $3,500,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, AUTHORIZING THE ISSUANCE OF $3,500,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $3,500,000 is appropriated for the planning, acquisition and construction of a new water storage tank to replace the current Mohegan Park Tank located in Norwich, Connecticut, including the construction of a new tank, demolition of the existing tank, site work, easements, land acquisition, improvements to the Bentley Brook pressure reducing station and fiber optics connecting the new tank and the Bentley Brook station necessary for the proper operation of the new tank, 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 appropriation 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 $3,500,000. $3,200,000.00 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. 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 year after their date (or such longer term as may be authorized). 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 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 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 Program”). 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 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 $3,500,000. The Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding 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 $3,500,000. 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 shall 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 and deliver on behalf of the City and the Board an indenture in such final form and containing such terms 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 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 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 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 purposes 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. On a roll call vote of 7-0 the above ordinance passes. Mayor Hinchey called for the second reading and action on AN ORDINANCE APPROPRIATING $2,900,000 FOR UPGRADES TO THE DEPARTMENT OF PUBLIC UTILITIES’ WATER METERING SERVICES, AUTHORIZING THE ISSUANCE OF $2,900,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. Upon a motion of Ald. Gould, seconded Ald. Braddock, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes. President Pro Tem Nystrom motioned, seconded by Ald. Gould, to adopt the following ordinance introduced by Mayor Hinchey. Council Ordinance AN ORDINANCE APPROPRIATING $2,900,000 FOR UPGRADES TO THE DEPARTMENT OF PUBLIC UTILITIES’ WATER METERING SERVICES, AUTHORIZING THE ISSUANCE OF $2,900,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $2,900,000 is appropriated for the planning, upgrade and installation of the Norwich Department of Public Utilities’ (the “Department”) water 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 metering services to an integrated meter reading and recording system known as Advanced Metering Infrastructure (AMI), including, but not limited to, materials, installation and deployment costs, and 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 Department. Said appropriation shall be inclusive of state and federal grants in aid thereof. The Department is authorized to enter into contracts, expend the appropriation and implement the Project herein authorized. Section 2. The estimated useful life of the Project is twenty years. The total estimated cost of the Project is $2,900,000. $2,900,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. 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 twentieth year after their date (or such longer term as may be authorized). 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 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 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) 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 Program”). 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 $2,900,000. The Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding 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 (iv) 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 (v) 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 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 grant funding obtained pursuant to a Project Grant and Project Loan Agreement, at any time shall not exceed $2,900,000. 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 shall 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 and 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. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 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 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 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 purposes 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. On a roll call vote of 4-3 with Ald. Nash, Martin and Philbrick voting in opposition the above ordinance failed. Upon motion of President Pro Tem Nystrom, seconded by Ald. Braddock, it was unanimously voted to accept the letters of resignation from Brandon D. Hyde and Timothy P. Smith from the Mohegan Park Improvement and Development Committee with regret and thanking them for their service. City Manager’s Report: ESTABLISHED 1659 CITY OF NORWICH CONNECTICUT 100 Broadway Norwich, CT 06360 JOHN SALOMONE 100 Broadway CITY MANAGER Norwich, CT 06360 (860) 823-3747 Fax (860) 885-2131 To: Mayor Hinchey and members of the City Council From: John Salomone, City Manager 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 Subject: City Manager’s Report Date: December 19, 2016 The Mayor and I continue our weekly meetings and union negotiations continue with 3 unions now that the Fire Department contract has been approved by Council. I attended a police training seminar in Berlin on December 5th along with Lt. James Veiga, Sgt. Michael McKinney and Sgt. Darren Powers. The event was sponsored by the CPCA (CT Police Chiefs Association) and featured Racial Profiling Traffic Stop Data. The Parking Commission has completed their move to the ITC and is fully operational. The quit-claim deed from the City for 105 &122 Chestnut Street property was recorded on December 7th by the new property owner in regards to the council’s resolution on November 7th. I had 2 meetings with staff prior to meeting at SHPO in Hartford on December 7th regarding the Reid & Hughes. I would like to thank everyone that helped assemble the paperwork needed for the City’s presentation. Special thanks to those who went to Hartford on behalf of the City –staff: Gary Evans, Ryan Thompson, Jim Troeger, and Deanna Rhodes, Alderwoman Gould and Alderman Martin. Attorney Michael Driscoll, Corporation Counsel and Jeremy Williamson from CLA also attended. As you know, the state has referred the matter to the Attorney General’s Office for further review. The budget process has started. Josh Pothier, Tony Madeira, and I have met with all departments including the Volunteer Fire Departments. I attended a festive Holiday Luncheon at The Rose City Senior and had the honor of welcoming over 150 seniors in attendance. Alderwoman Gould and Alderman Braddock were also there. The turkey dinner was delicious. I had a productive meeting with the Fire Chiefs on December 15th. All the chiefs were in attendance along with Alderwoman Philbrick, Aldermen Martin and Nash. Key points discussed were the review of financial efficiencies including - standardization of equipment, bulk purchasing, and apparatus replacement; operating efficiencies and social media. There was discussion on Facebook and problems that it can cause. Decision Point has confirmed January 26, 2017 for the collaborative meeting with the Board of Education and City Council. Please save the date. More information will be made available after the upcoming holidays. My assistant, Jacquie Barbarossa took a free on-line ethics class with CIRMA (CT Interlocal Risk Management Agency). The course is approximately 30 minutes and there is a test after the presentation which allows the participant to print a certificate of achievement once they pass. We are in the process of reviewing how to incorporate the use of this class along with the City’s Code of Ethics booklet for City employees and members of boards, commissions and other agencies of the City. Mayor Hinchey called for citizen comment on resolutions. Shiela Hayes, 288 Central Ave, spoke on resolution #9 asking what the lease agreement is representing and requested more information, she asked for an explanation on resolution 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 #8, asked on resolution # 6 asked if it is was part of the original request and she supports resolutions 1, 2, 4 and 5. Rodney Bowie, 62 Roosevelt Ave, spoke on resolution #8 and 10 stating we don’t have enough money to justify these expenses. David Crabb, 47 Prospect St, stated resolution #7 doesn’t have a solution to the problem. Mayor Hinchey declared citizen comment on resolutions was closed. Upon a motion of Ald. Gould, 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 below named be appointed as a teacher of the School Facilities Review: Julie Tamborra (D) Upon a motion of Ald. Braddock, seconded by Ald. Gould, 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 Board of Review (Dangerous Buildings) for a term to expire on June 01, 2017 or until a successor is appointed; Darryl Wickham (D) Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by Ald. Gould and Braddock. WHEREAS, the Council of the City of Norwich, by resolution adopted March 3, 2014, appointed the 105 Chestnut Street Committee of Sale to prepare guidelines for the disposition of property owned by the city located at 105 Chestnut Street for redevelopment or other reuse; and WHEREAS, said Committee submitted a report recommending that 105 Chestnut Street be offered together with another city owned parcel of land located at 122 Chestnut Street; and WHEREAS, the Council of the City of Norwich, by resolution adopted May 19, 2014, appointed said Committee to recommend a proposed developer for the properties at 105 and122 Chestnut Street; and WHEREAS, the Council of the City of Norwich, by resolution adopted November 3, 2014, accepted the recommendation of the Committee and a Development Agreement was duly prepared and entered into; and WHEREAS, the Council of the City of Norwich , by resolution adopted March 2, 2015, appointed the Committee, now identified as the 105 and 122 Chestnut Street Committee of Sale, to monitor the ongoing work and serve as a liaison with the developer; and 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 WHEREAS, the developer has complied with the terms of the Development Agreement as evidenced by the issuance of a Certificate of Occupancy for 105 Chestnut Street; and WHEREAS, the Council of the City of Norwich, by resolution adopted November 7, 2016, directed the city manager to deliver a deed conveying 105 Chestnut Street and 122 Chestnut Street to 105 and 122 Chestnut Street LLC, which deed has been delivered and recorded. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the 105 Chestnut Street Committee of Sale, subsequently identified as the 105 and 122 Chestnut Street Committee of Sale, be released of further obligations with respect to the properties at 105 and 122 Chestnut Street and it be and hereby is discharged; AND BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that said Committee be commended and thanked by the Council for its diligent work. 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 below named be reappointed as regular members of the Mohegan Park Improvement and Development Advisory Committee with a term to expire on December 31, 2018 or until a successor is appointed: William Barbuto (D) Beryl Fishbone (R) Judith Magnano (D) Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Ald. Gould and Braddock. WHEREAS, the City of Norwich, by resolution adopted September 6, 2016, appointed the 60 Sixth Street Committee to review the condition of the property located at 60 Sixth Street acquired by the city through a tax collector’s sale and recommend an appropriate disposition or development of the same; and WHEREAS, the Committee has recommended the property be sold; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the 60 Sixth Street Committee consisting of: Stacy Gould Tucker Braddock Sophie Noblick James Quarto Gary Schnip Jim Heist 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 be appointed the 6O Sixth Street Committee of Sale to arrange to offer the property for sale by those methods it finds most prudent and feasible, identify prospective purchasers for the property and to make a recommendation or recommendations with respect to any proposed sale to the Council of the City of Norwich for its consideration and approval; and AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be requested to provide the assistance of City Building Official James Troeger to the Committee as an ex officio member of the same. Upon motion of Ald. Nash, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. WHEREAS, the Council of the City of Norwich included funding in its 2016-17 Capital Budget of $35,000 for the Occum Volunteer Fire Department for the purpose of resurfacing the station bay floors; and WHEREAS, the Occum Volunteer Fire Department was able to complete this project for $11,250; and WHEREAS, the Occum Volunteer Fire Department has requested to repurpose $21,000 of the remaining funds in the Capital Budget which had been allocated for the purpose of resurfacing the station bay floors towards the replacement of Occum’ s extrication tools. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the 2016-17 Capital Budget for the Occum Volunteer Fire Department be and hereby is amended to reallocate $21,000 for the purpose of replacing Occum’ s extrication tools. Upon motion of Ald. Braddock, seconded by Ald. Nash, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. 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 2014, 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 $1,575,547 is the total outstanding motor vehicle tax on the Grand Lists up to and including 2014, to be transferred to the suspense tax book and $433,317 is the total outstanding personal property tax on the Grand Lists up to and including 2014, 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 WHEREAS, the City has contracted with Rossi Law Offices to pursue collection of the aforesaid accounts. 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the following aggregate sums representing personal property taxes of $433,317 and motor vehicle taxes of $1,575,547 on the Grand Lists up to and including 2014, be and the same hereby are transferred to the suspense account. Upon motion of Ald. Philbrick, seconded by Ald. Braddock, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. RESOLVED, that the regular non-union employees of the City of Norwich receive a 2% salary adjustment for fiscal year 2017; and further, that the City Manager, John Salomone, be, and hereby is, authorized and directed to implement the same in the name of the City. Upon a motion of Ald. Nash, seconded by President Pro Tem Nystrom, it was unanimously voted to refer to the Commission on the City Plan, schedule a Public Hearing, second reading and action on Tuesday, January 17, 2017 at 7:00 pm for the following resolution introduced by Ald. Philbrick: WHEREAS, Cellco Partnership d/b/a Verizon Wireless has requested to lease from the City of Norwich space on an existing light pole located at 8 Mahan Drive (Fontaine Field) to install, operate and maintain antennas, remote radio heads and other appurtenant equipment and to include an non- exclusive right of ingress and egress from a public right-of-way for the purposes of installation, operation and maintenance of the communication facilities; and WHEREAS, said proposal will be submitted to the Connecticut Siting Council following a conditional approval by the City of Norwich; and WHEREAS, the City of Norwich and Cellco Partnership d/b/a Verizon Wireless propose to agree on the terms of a lease agreement prior to submission to the Connecticut Siting Council. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone be and hereby is authorized and directed, with such assistance as he may require, to negotiate a lease agreement between the City of Norwich with Cellco Partnership d/b/a Verizon Wireless for the installation, operation and maintenance of the communications facility as described herein if it is determined that there is likely to be no interference caused by such cell tower to communication facilities required and maintained by the City of Norwich and that an appropriate municipal gain will be maintained on the tower for the benefit of the City of Norwich. Upon motion of Ald. Nash, seconded by Ald. Martin, it was unanimously voted to suspend the rules to move resolution #10 to after the executive session. Upon a motion of Ald. Martin, seconded by Ald. Gould, it was unanimously voted to refer to the Mohegan Park Improvement & Development Advisory Committee, schedule a Public Hearing, second reading and action on Tuesday January 17, 2017 at 7:00 pm for the following ordinance introduced by Ald. Philbrick: AN ORDINANCE AMENDING SEC. 14-11.1 OF THE NORWICH CODE OF ORDINANCES CONCERNING THE PERMIT FEE FOR THE USE OF THE MOHEGAN PARK GROUP PICNIC AREA AND LAKESIDE PAVILION 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH DECEMBER 19, 2016 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: Sec. 14-11.1. Permit fee for Mohegan Park group picnic area and lakeside pavilion. (a) Any individual or organization wishing to use the group picnic area or lakeside pavilion in Mohegan Park shall obtain a permit for such use from the director of public works, or his designate, and shall pay the sum of $100.00 $200.00 therefor. (b) Any individual or organization wishing to use the lakeside pavilion in Mohegan Park shall obtain a permit from the director of public works, or his designate, and shall pay the sum of forty dollars($40.00)(thirty dollars($30.00)) therefore. (b) The monies received from the collection of fees for issuance of such permits shall be used to defray the operating expenses of said group picnic area and lakeside pavilion. (c) The Council may by resolution increase or decrease the permit fee for the use of the group picnic area or lakeside pavilion in Mohegan Park to reflect any increase or decrease in the operating expenses for said group picnic area and lakeside pavilion. Upon a motion of Ald. Gould, seconded by Ald. Philbrick, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200(6), for the purpose of discussing the strategy and negotiations with respect union issues. Comptroller Joshua Pothier, Director of Human Recourses Brigid Marks, City Manager John Salomone and Corporation Counsel, Michael Driscoll, shall be asked to participate during all or portions of this Executive Session at the request of the City Council. The council was in Executive Session from 9:10 pm to 9:24 pm, at which time Mayor Hinchey, stated no votes were taken. Upon a motion of Ald. Gould, seconded by Ald. Nash, it was unanimously voted to return to regular session. Upon motion of Ald. Gould, seconded by Ald. Martin, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. RESOLVED, that the proposed Agreement between the City of Norwich and Municipal Employees Union Independent (MEUI), covering the period between July 1, 2016 and June 30, 2019, be, and the same hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 7-474; and further, that the City Manager, John Salomone, be, and hereby is, authorized and directed to execute the same in the name of the City. Upon a motion of Ald. Gould, seconded by Ald. Nash, it was unanimously voted to adjourn at 9:27 pm. CITY CLERK 20

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH December 19, 2016 7:00 PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PUBLIC HEARINGS 1. AN ORDINANCE INCREASING THE APPROPRIATION FROM $2,800,000 TO $3,500,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, INCREASING THE AUTHORIZATION FROM $2,800,000 TO $3,500,000 FOR THE ISSUANCE OF 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 2. AN ORDINANCE APPROPRIATING $2,900,000 FOR UPGRADES TO THE DEPARTMENT OF PUBLIC UTILITIES’ WATER METERING SERVICES, AUTHORIZING THE ISSUANCE OF $2,900,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITION AND COMMUNICATIONS 1. Letter from two members not to seek reappointment to the Mohegan Park Improvement & Development Advisory Committee. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to appointing a member to the School Facilities Review Committee. 2. Relative to appointing a member to the Dangerous Buildings (Board of Review). 3. Relative to dissolving the 105-122 Chestnut Street Committee of sale. 4. Relative to re-appointing members to the Mohegan Park Improvement and Development Advisory Committee. 5. Relative to creating a 60 Sixth Street Committee of Sale. 6. Relative to reallocation of Capital Funds for the Occum Fire Department. 7. Relative to the aggregate sums representing property and motor vehicle taxes on the Grand List October 1, 2014 being transferred to the suspense account. 8. Relative to regular non-union employees to receive a 2% salary adjustment for fiscal year 2017. 9. Relative to locating communication equipment at Fontaine Field. 10. Relative to approval of an agreement between the City of Norwich and Municipal Employees Union Independent (MEUI). NEW BUSINESS-ORDINANCE 1. AN ORDINANCE AMENDING SEC. 14-11.1 OF THE NORWICH CODE OF ORDINANCES CONCERNING THE PERMIT FEE FOR THE USE OF THE MOHEGAN PARK GROUP PICNIC AREA AND LAKESIDE PAVILION EXECUTIVE SESSION 1. Strategy with respect to union contract negotiations. City Clerk PUBLIC HEARING # 1 Council’s Amending Ordinance AN ORDINANCE INCREASING THE APPROPRIATION FROM $2,800,000 TO $3,500,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, INCREASING THE AUTHORIZATION FROM $2,800,000 TO $3,500,000 FOR THE ISSUANCE OF 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 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. An Ordinance adopted March 4, 2013, entitled “AN ORDINANCE APPROPRIATING $2,800,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, AUTHORIZING THE ISSUANCE OF $2,800,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO” (the “Prior Ordinance”), which ordinance is hereby ratified, confirmed and adopted, is amended to increase the appropriation and bond authorization therein by $700,000, from $2,800,000 to $3,500,000. The changed portions of the Prior Ordinance set forth in cross marks representing deletions and bold representing additions is as follows: Section 2. The title of the Ordinance is amended to read as follows: AN ORDINANCE APPROPRIATING $3,500,000$2,800,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, AUTHORIZING THE ISSUANCE OF $3,500,000$2,800,000 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 Section 3. The first sentence of Section 1 of the Prior Ordinance is amended to read as follows: “Section 1. The sum of $3,500,000 $2,800,000 is appropriated for the planning, acquisition and construction of a new water storage tank to replace the current Mohegan Park Tank located in Norwich, Connecticut, including the construction of a new tank, demolition of the existing tank, site work, easements, land acquisition, improvements to the Bentley Brook pressure reducing station and fiber optics connecting the new tank and the Bentley Brook station necessary for the proper operation of the new tank, related and appurtenant improvements, or so much thereof, or such additional improvements as may be accomplished within said appropriation provided herein, and including administration, advertising, printing, legal, and financing costs (hereafter the “Project”) as shall be determined by the Norwich Department of Public Utilities (the “Department”).” Section 4. Section 2 of the Prior Ordinance is amended to read as follows: “Section 2. The estimated useful life of the Project is thirty years. The total estimated cost of the Project is $3,500,000 $2,800,000. $3,200,000.00 $2,498,184 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan. The Project is a general benefit to the City of Norwich and its general governmental purposes.” Section 5. Subsection (iv) [third sentence] and (vi) of Section 3 of the Prior Ordinance are amended to read as follows: “(iv) . . . .The City may issue Clean Water Fund Obligations in one or more series and in such denominations as the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $3,500,000 $2,800,000. . . .” “(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 $3,500,000 $2,800,000.” Section 6. The amount of $3,500,000 is substituted for the amount $2,800,000 in the Prior Ordinance unless otherwise provided herein. Section 7. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended” at the top, and filed with the minutes of the Meeting at which the Amending Ordinance is adopted. Section 8. This Amending Ordinance shall be effective upon adoption by the City Council and its approval by the Board. AS AMENDED AN ORDINANCE APPROPRIATING $3,500,000 FOR THE CONSTRUCTION OF A NEW MOHEGAN PARK WATER STORAGE TANK, AUTHORIZING THE ISSUANCE OF $3,500,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $3,500,000 is appropriated for the planning, acquisition and construction of a new water storage tank to replace the current Mohegan Park Tank located in Norwich, Connecticut, including the construction of a new tank, demolition of the existing tank, site work, easements, land acquisition, improvements to the Bentley Brook pressure reducing station and fiber optics connecting the new tank and the Bentley Brook station necessary for the proper operation of the new tank, 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 appropriation 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 $3,500,000. $3,200,000.00 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. 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 year after their date (or such longer term as may be authorized). 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 Program”). 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 $3,500,000. The Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding 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 $3,500,000. 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 shall 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 and 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 purposes 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. Alderwoman Stacy Gould PUBLIC HEARING # 2 Council Ordinance AN ORDINANCE APPROPRIATING $2,900,000 FOR UPGRADES TO THE DEPARTMENT OF PUBLIC UTILITIES’ WATER METERING SERVICES, AUTHORIZING THE ISSUANCE OF $2,900,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $2,900,000 is appropriated for the planning, upgrade and installation of the Norwich Department of Public Utilities’ (the “Department”) water metering services to an integrated meter reading and recording system known as Advanced Metering Infrastructure (AMI), including, but not limited to, materials, installation and deployment costs, and 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 Department. Said appropriation shall be inclusive of state and federal grants in aid thereof. The Department is authorized to enter into contracts, expend the appropriation and implement the Project herein authorized. Section 2. The estimated useful life of the Project is twenty years. The total estimated cost of the Project is $2,900,000. $2,900,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. 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 twentieth year after their date (or such longer term as may be authorized). 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 1 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) 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 Program”). 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 $2,900,000. The Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding obligations and project loan obligations, subject to the provisions of the Clean Water Fund Program, and to 2 execute and deliver the same. Clean Water Fund Obligations shall be secured solely from a pledge of water system revenues; or (iv) 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 (v) 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 $2,900,000. 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 shall 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 3 connection with the issuance of the Bonds and their marketability. The Issuer Officials are hereby authorized to execute and 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 4 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 purposes 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. Alderman H Tucker Braddock Jr. 5 RESOLUTION #1 BE IT RESOLVED that the below named be appointed as a teacher of the School Facilities Review: Julie Tamborra (D) President Pro Tem Peter Nystrom Alderwoman Stacy Gould Alderman H. Tucker Braddock RESOLUTION #2 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; Darryl Wickham (D) President Pro-tem Peter Nystrom Alderwoman Stacy Gould Alderman H. Tucker Braddock RESOLUTION #3 WHEREAS, the Council of the City of Norwich, by resolution adopted March 3, 2014, appointed the 105 Chestnut Street Committee of Sale to prepare guidelines for the disposition of property owned by the city located at 105 Chestnut Street for redevelopment or other reuse; and WHEREAS, said Committee submitted a report recommending that 105 Chestnut Street be offered together with another city owned parcel of land located at 122 Chestnut Street; and WHEREAS, the Council of the City of Norwich, by resolution adopted May 19, 2014, appointed said Committee to recommend a proposed developer for the properties at 105 and122 Chestnut Street; and WHEREAS, the Council of the City of Norwich, by resolution adopted November 3, 2014, accepted the recommendation of the Committee and a Development Agreement was duly prepared and entered into; and WHEREAS, the Council of the City of Norwich , by resolution adopted March 2, 2015, appointed the Committee, now identified as the 105 and 122 Chestnut Street Committee of Sale, to monitor the ongoing work and serve as a liaison with the developer; and WHEREAS, the developer has complied with the terms of the Development Agreement as evidenced by the issuance of a Certificate of Occupancy for 105 Chestnut Street; and WHEREAS, the Council of the City of Norwich, by resolution adopted November 7, 2016, directed the city manager to deliver a deed conveying 105 Chestnut Street and 122 Chestnut Street to 105 and 122 Chestnut Street LLC, which deed has been delivered and recorded. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the 105 Chestnut Street Committee of Sale, subsequently identified as the 105 and 122 Chestnut Street Committee of Sale, be released of further obligations with respect to the properties at 105 and 122 Chestnut Street and it be and hereby is discharged; AND BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that said Committee be commended and thanked by the Council for its diligent work. Alderwoman Stacy Gould Alderman H. Tucker Braddock Jr. RESOLUTION #4 BE IT RESOLVED that the below named be reappointed as regular members of the Mohegan Park Improvement and Development Advisory Committee with a term to expire on December 31, 2018 or until a successor is appointed: William Barbuto (D) Beryl Fishbone (R) Judith Magnano (D) President Pro Tem Peter Nystrom Alderwoman Stacy Gould Alderman H. Tucker Braddock RESOLUTION #5 WHEREAS, the City of Norwich, by resolution adopted September 6, 2016, appointed the 60 Sixth Street Committee to review the condition of the property located at 60 Sixth Street acquired by the city through a tax collector’s sale and recommend an appropriate disposition or development of the same; and WHEREAS, the Committee has recommended the property be sold; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the 60 Sixth Street Committee consisting of: Stacey Gould Tucker Braddock Sophie Noblick James Quarto Gary Schnip Jim Heist be appointed the 6O Sixth Street Committee of Sale to arrange to offer the property for sale by those methods it finds most prudent and feasible, identify prospective purchasers for the property and to make a recommendation or recommendations with respect to any proposed sale to the Council of the City of Norwich for its consideration and approval; and AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be requested to provide the assistance of City Building Official James Troeger to the Committee as an ex officio member of the same. Alderwoman Stacy Gould Alderman H. Tucker Braddock Jr. RESOLUTION #6 WHEREAS, the Council of the City of Norwich included funding in its 2016-17 Capital Budget of $35,000 for the Occum Volunteer Fire Department for the purpose of resurfacing the station bay floors; and WHEREAS, the Occum Volunteer Fire Department was able to complete this project for $11,250; and WHEREAS, the Occum Volunteer Fire Department has requested to repurpose $21,000 of the remaining funds in the Capital Budget which had been allocated for the purpose of resurfacing the station bay floors towards the replacement of Occum’s extrication tools. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the 2016-17 Capital Budget for the Occum Volunteer Fire Department be and hereby is amended to reallocate $21,000 for the purpose of replacing Occum’s extrication tools. City Manager John Salomone RESOLUTION #7 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 2014, 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 $1,575,547 is the total outstanding motor vehicle tax on the Grand Lists up to and including 2014, to be transferred to the suspense tax book and $433,317 is the total outstanding personal property tax on the Grand Lists up to and including 2014, 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 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 $433,317 and motor vehicle taxes of $1,575,547 on the Grand Lists up to and including 2014, be and the same hereby are transferred to the suspense account. City Manager John Salomone 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 December 12, 2016 To: Mayor Deberey Hinchey and Members of the Norwich City Council through City Manager John Salomone Explanation of Resolution for Suspense of Motor Vehicle and Personal Property Taxes Relative to the aggregate sums representing property and motor vehicle taxes on the Grand List October 1, 2014 being transferred to the suspense account CGS § 12‐165 states the Tax Collector at least once each fiscal year shall transfer into the suspense account any personal property and motor vehicle taxes which are deemed uncollectible. To consider these accounts as assets when it is unlikely that they will be recouped does not help the City get an accurate picture of its finances. However, it is important to remember that while these taxes are not deemed collectable, they are collectable and payment of the taxes would be accepted until the end of the 15 year collection period is over. These accounts which have been transferred into the suspense account are turned over to our collection agency, Rossi Law Offices, which is more capable and experienced with pursuing delinquent taxpayers who may have left the state. Rossi adds a 15% collection fee onto these bills, which is payable by the delinquent taxpayer. Since fiscal year 2005, Rossi has collected $2.1 million in delinquent bills on Norwich’s behalf. In the past, we had waited longer to submit our suspense lists. It is our hope that submitting this list earlier will open up opportunities to have the City collect the balance due through other means, bringing up the overall collection rate. Especially with the personal property, it is very important to attempt all means of collecting to avoid the possibility of businesses closing without paying the City’s taxes. Once a business closes, it becomes even more difficult to collect, and often times the bill goes unpaid completely. Each delinquent taxpayer has not only received the original bill, but multiple delinquent statements. History of Collection Efforts The 2013 grand list motor vehicle original statements were mailed in July 2014, followed by a delinquent statement which was mailed in September 2014. The 2013 grand list supplemental motor vehicle bills were mailed January 2015, with delinquent statements being mailed in March 2015. The 2014 grand list followed the same pattern, with the addition of any balance still due for the 2013 grand list being included with the 2014 grand list delinquent statements. These statements were mailed in October 2016. Other bills were mailed if statements were returned as bad addresses and we were able to find another address using many sources such as: other accounts in our tax system software, the Post Office, the internet or DMV records. With personal property, we have been more aggressive and have mailed out not only the original bill and delinquent statements, but demand letters and intent to lien for any past due balance as well. The delinquent statements for the 2013 grand list bills were mailed out in September 2014 and March 2015. The 2014 grand list accounts received the original bills along with delinquent statements mailed August 2015 and February 2016, as well as demands mailed April 2016 and December 2016 for balances over $50. We also mailed an intent to lien in June 2016. All delinquent billings were mailed with the total balance due. As with the motor vehicle, the Tax Office sent bills once a new address was found for returned statements using all the sources as above, but also using the Connecticut Secretary of State’s Concord website where trade names are filed. RESOLUTION #8 RESOLVED, that the regular non-union employees of the City of Norwich receive a 2% salary adjustment for fiscal year 2017; and further, that the City Manager, John Salomone, be, and hereby is, authorized and directed to implement the same in the name of the City. John Salomone City Manager RESOLUTION #9 WHEREAS, Cellco Partnership d/b/a Verizon Wireless has requested to lease from the City of Norwich space on an existing light pole located at 8 Mahan Drive (Fontaine Field) to install, operate and maintain antennas, remote radio heads and other appurtenant equipment and to include an non-exclusive right of ingress and egress from a public right-of-way for the purposes of installation, operation and maintenance of the communication facilities; and WHEREAS, said proposal will be submitted to the Connecticut Siting Council following a conditional approval by the City of Norwich; and WHEREAS, the City of Norwich and Cellco Partnership d/b/a Verizon Wireless propose to agree on the terms of a lease agreement prior to submission to the Connecticut Siting Council. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that City Manager John Salomone be and hereby is authorized and directed, with such assistance as he may require, to negotiate a lease agreement between the City of Norwich with Cellco Partnership d/b/a Verizon Wireless for the installation, operation and maintenance of the communications facility as described herein if it is determined that there is likely to be no interference caused by such cell tower to communication facilities required and maintained by the City of Norwich and that an appropriate municipal gain will be maintained on the tower for the benefit of the City of Norwich. Mayor Deberey Hinchey RESOLUTION #10 RESOLVED, that the proposed Agreement between the City of Norwich and Municipal Employees Union Independent (MEUI), covering the period between July 1, 2016 and June 30, 2019, be, and the same hereby is, approved in accordance with the provisions of Connecticut General Statutes, Section 7-474; and further, that the City Manager, John Salomone, be, and hereby is, authorized and directed to execute the same in the name of the City. John Salomone City Manager ORDINANCE #1 AN ORDINANCE AMENDING SEC. 14-11.1 OF THE NORWICH CODE OF ORDINANCES CONCERNING THE PERMIT FEE FOR THE USE OF THE MOHEGAN PARK GROUP PICNIC AREA AND LAKESIDE PAVILION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: Sec. 14-11.1. Permit fee for Mohegan Park group picnic area and lakeside pavilion. (a) Any individual or organization wishing to use the group picnic area or lakeside pavilion in Mohegan Park shall obtain a permit for such use from the director of public works, or his designate, and shall pay the sum of $100.00 $200.00 therefor. (b) Any individual or organization wishing to use the lakeside pavilion in Mohegan Park shall obtain a permit from the director of public works, or his designate, and shall pay the sum of forty dollars($40.00)(thirty dollars($30.00)) therefore. (b) The monies received from the collection of fees for issuance of such permits shall be used to defray the operating expenses of said group picnic area and lakeside pavilion. (c) The Council may by resolution increase or decrease the permit fee for the use of the group picnic area or lakeside pavilion in Mohegan Park to reflect any increase or decrease in the operating expenses for said group picnic area and lakeside pavilion. Alderwoman Joanne Philbrick

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