City Council
Regular MeetingNorwich, CT · December 19, 2016
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.
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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
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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:
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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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