City Council
Regular MeetingNorwich, CT · January 17, 2017
Minutes
JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 17, 2017
A regular meeting of the Council of the City of Norwich was held January 17, 2017 at 7:00
PM in Council Chambers. Present: Mayor Hinchey, Aldermen Nystrom, Philbrick,
Braddock, Gould, Martin and Nash. City Manager Salomone and Corporation Counsel
Michael Driscoll were also in attendance. Mayor Hinchey presided.
Ald. Martin read the opening prayer and Ald. Gould led the members in the Pledge of
Allegiance.
Mayor Hinchey called for citizen comment.
Herbert Nyberg, 6 Hawthorne Rd, Old Lyme, from Colonial Car Wash on West Main St,
talked about the negative economic impact traffic circles will have on West Main St. He
talked about other cities who grew in population yet saw a decrease in business potential
because of the traffic circles. He asked the Council to reject the traffic circles.
Marvin Serruto, 100 Starr St, asked to have a picture of light up city hall placed in the
success jar and he also donated to the fireworks fund. He asked the Council to be vigilant
and diligent following through and when you see something say something.
Beryl Fishbone, 19 Bliss Place, talked about the importance of marketing, promotion,
sponsorship, empowerment and encouragement for others to become stronger in success
and watch the community grow. She asked the community to work together as a whole.
She reminded everyone about First Friday February 2, a bird count program, snow
sculptures, and a sneaker collection drive.
Susan Masse, 1 Sachem Terrace, talked about historical buildings in downtown
representing Norwich. She stated we need more people living downtown and also asked the
Council not to tear down a building that constituents want to keep. She asked the Council
to take the Women’s Institute offer as a reliable and viable alternative.
Lee-Ann Gomes, Director of Human Services, introduced Angela Duhaime, Coordinator
with Partnerships for Success the department received a $138,000 grant for four years to
be used to reduce the rate of use of prescription drugs and illicit opioid misuse and abuse
(age 12-25) and underage alcohol use (age 12-20) in Norwich. She thanked Kay Eyberse for
her role is this program.
John Oldfield, 185 Laurel Lane, stated he submitted an ethics complaint.
David Crabb, 47 Prospect St, talked about NPU bonding for water metering and he did an
eight year study on water and sewer seeing a steady price increase. He stated he still has a
meter in his basement since 1970 and it still works fine.
Dale Plumber, 25 Broadway, urged the Council to rescind the vote to demolish the Reid &
Hughes building and rescind the 800,000 bond. He stated this will save the City money by
restoring it through the Women Institute.
Marie Jolicoeur, 161 Broadway, supporting the Historian and hope the Council would
reconsider the decision to demolish the Reid & Hughes in the hope that apartments will be
built there to generate revenue.
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JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 17, 2017
Mayor Hinchey declared citizen comment closed
Mayor Hinchey opened the Public Hearing.
Mayor Hinchey stated a referral was sent to the Mohegan Park Improvement &
Development Advisory Committee:
Mayor Hinchey called for a Public Hearing on 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
Speaking in favor: no one spoke
Speaking in opposition: no one spoke
There being no speakers Mayor Hinchey declared the public hearing closed.
Mayor Hinchey called for the second reading and action on 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
Upon a motion Ald. Philbrick, seconded Ald. Braddock, it was unanimously voted to waive
the reading of the full text and incorporate it into the minutes this being its second reading.
Ald. Martin motioned, seconded by Ald. Gould, to adopt the following ordinance introduced
by Mayor Hinchey.
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.
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JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 17, 2017
(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.
On a roll call vote of 7-0 the above ordinance passes unanimously.
Upon a motion of Ald. Martin, seconded by Ald. Gould, it was unanimously voted to accept
the following referral:
Audit report presented by Ron Nossek of Blum Shapiro PC.
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JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 17, 2017
Presentation from Bill Champagne and Regan Miner about the 2016 Tourism Activities in
Norwich.
Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to
accept that the Norwich Fire Department and Emergency Medical Technicians are cleared
for the implementation of the 2016 Connecticut State EMS Protocol with congratulations to
all involved.
Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to
accept the letter from the Senior Affairs Commission regarding Olive Buddington, thanking
her all the hard work and dedication in creating a Senior Center and serving on this board
for over 20 years.
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
Subject: City Manager’s Report
Date: January 17, 2017
The Mayor and I continue our weekly meetings. We also met twice with a concerned citizen to address an
issue he had and to keep him updated with the status of his inquiry.
On Friday, January 6th several city staff members, members of Norwich Heritage Trust, and I met with Todd
Levine from SHPO. Betsy Crum, executive director of the Women’s Institute, Bill Morse, and others were
also in attendance. The group will meet again at the end of January providing additional documentation is
received from Ms. Crum regarding funding and stabilization of the building.
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JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 17, 2017
Later in the day Josh Pothier and I met with representatives from William Blair, (Investment Bank & Financial
Asset Management Company) regarding refunding bonds which is resolution #2 on this evening’s agenda.
Brigid Marks, Human Resources Director attended the January meeting for Commission for Persons with
Disabilities to discuss their request for the City to have a communication hand out for new and existing
employees regarding effective communication for persons with disabilities. Brigid also attended the
Diversity in Employment Committee which discussed replacing the Chair, Dianne Daniels who resigned to
assume her new duties as President of the NAACP. Congratulations to Dianne on her new appointment.
There was also discussion on adding members to the committee.
My assistant, Jacquie Barbarossa has started co-coordinating on-line ethics training for all council members,
city department heads, volunteer fire chiefs, and the heads of various agencies including Norwich
Community Development, Norwich Housing Authority, Norwich Public Schools, Norwich Public Utilities, Otis
Library and Uncas Health. Positive feedback has been received and those contacted have until January 31st
to complete the training. I will keep you informed of our progress and next step.
Upon a motion of Ald. Martin, seconded by Ald. Nash, it was unanimously voted to adopt
the following resolution introduced by Mayor Hinchey.
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 Hinchey called for citizen comment on resolutions.
David Crabb, 47 Prospect St, spoke in opposition to resolution #2 stating that people lost
their homes due to this resolution and asked how this intends to make taxpayers whole.
Mayor Hinchey declared citizen comment on resolutions was closed.
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JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 17, 2017
Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to
adopt the following resolution introduced by Mayor Hinchey.
WHEREAS, the Council of the City of Norwich, by resolution adopted January 6, 2014, recognized the
efforts of the St. Patrick’s Day Parade Committee to organize a St. Patrick’s Day Parade funded by
private contributions and sponsorships, and also recognized the planned St. Patrick’s Day Parade as
a City of Norwich function; and
WHEREAS, St. Patrick’s Day Parades so organized, have been held annually in March since; and
WHEREAS, local business owners, Norwich residents and other interested individuals, assisted by the
Norwich Community Development Corporation, have joined together as the St. Patrick’s Day Parade
Committee to organize, promote and present a St. Patrick’s Day Parade in downtown Norwich to be
held on Sunday, March 5, 2017, the parade to be funded by private contributions and sponsorships.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that it recognizes the
planned St. Patrick’s Day Parade as a City of Norwich function, and welcomes the participants and
spectators who will come to Norwich on March 5, 2017 for the event, inviting them to enjoy the
hospitality and entertainments provided with this event by its sponsors and the ambience of
downtown Norwich; and
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council of the City of
Norwich offers its thanks and appreciation to the St. Patrick’s Day Parade Committee and all donors
and sponsors for their efforts.
Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to
adopt the following resolution introduced by City Manager Salomone.
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP
TO $3,500,000 FOR THE COSTS ASSOCIATED WITH CITY OF
NORWICH GENERAL OBLIGATION REFUNDING BONDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH:
Section 1. General Obligation Refunding Bonds of the City of Norwich, Connecticut
(the “City”) in a principal amount of not more than $3,500,000 (the “Refunding Bonds”) are
hereby authorized to be issued in one or more series and in such amount or such lesser
amount as shall be necessary to refund, including any advance refunding, all or any portion of
one or more series of the City’s outstanding general obligation bonds, including, but not
limited to, the City’s 2009 Series A Bonds (the “Prior Bonds”), and the payment of principal,
interest and any call premium on such Prior Bonds, as determined by the City Manager and
the Comptroller to be in the best interest of the City for the purpose of achieving net present
value savings and/or to moderate debt service payments and to finance such additional costs
and expenses related thereto, as the City Manager and the Comptroller shall approve for the
funding of necessary and appropriate financing and/or issuance costs including, but not
limited to, legal, advisory, rating, escrow fees, credit enhancement, verification fees,
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JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JANUARY 17, 2017
investment fees, net temporary interest, trustee, underwriters’ discount and printing and
administrative expenses.
Section 2. The Refunding Bonds shall be issued in fully registered form, be
executed in the name and on behalf of the City by the facsimile or manual signatures of the
City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a
bank or trust company, which bank or trust company may be designated the registrar and
transfer agent, be payable at a bank or trust company, and be approved as to their legality
by Pullman & Comley, LLC, Bond Counsel. The Refunding Bonds shall be general
obligations of the City and each of the Refunding Bonds shall recite that every requirement
of law relating to its issue has been duly complied with, that such Refunding Bond is within
every debt and other limit prescribed by law, and that the full faith and credit of the City are
pledged to the payment of the principal thereof and interest thereon.
Section 3. The City Manager and the Comptroller are hereby authorized to
determine the aggregate principal amount of the Refunding Bonds, the annual installments of
principal, date, maturity, prices, interest rates (whether fixed or variable), form, redemption
provisions, if any, the certifying registrar and transfer agent, the manner of sale or other terms
and conditions of the Refunding Bonds, and whether any of the Refunding Bonds issued will
be issued as taxable bonds, all in such a manner as the City Manager and Comptroller shall
determine to be in the best interests of the City and in accordance with the General Statutes
of Connecticut, Revision of 1958, as amended (the “Connecticut General Statutes”), and to
take such actions and to execute such documents, or designate other officials or employees of
the City to take such actions and to execute such documents, as deemed to be necessary or
advisable and in the best interests of the City by the City Manager and Comptroller in order to
issue, sell and deliver the Refunding Bonds.
Section 4. The City Manager and Comptroller may irrevocably call for redemption
such maturities of the Prior Bonds, as they determine to refund from the proceeds of the
Refunding Bonds and other moneys as they may be determined to make available for this
purpose, and to defease such Prior Bonds by executing and delivering an escrow agreement in
such form and upon such terms as they shall approve, such approval to be conclusively
evidenced by their execution thereof. The City Manager and Comptroller are further
authorized to appoint an escrow agent, a verification agent to verify the sufficiency of the
escrow investments and other professionals, and to execute and deliver any and all escrow,
investment and other agreements necessary to provide for the payment when due of the
principal of and interest and redemption premium, if any, on the Prior Bonds.
Section 5. The net proceeds of the sale of the Refunding Bonds, after payment of
costs of issuance, shall be invested in appropriate legal investments including, but not
limited to, non-callable direct obligations of, or obligations guaranteed by, the United
States of America, or any other investments permitted by the Connecticut General Statutes,
all of which shall not be callable or pre-payable, the principal of and interest on which,
when due, shall be in an amount sufficient to pay the principal of, interest and redemption
premium, if any, on the Prior Bonds at maturity, or to redeem the Prior Bonds at the
redemption price prior to maturity, pursuant to the plan of refunding.
Section 6. The Refunding Bonds are to be sold by the City Manager and Comptroller
in a competitive offering or by negotiation in their discretion. If sold in a competitive offering,
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the Refunding Bonds shall be sold at not less than par and accrued interest on the basis of the
lowest net or true interest cost to the City. If the Refunding Bonds are sold by negotiation, the
provisions of the bond purchase agreement shall be approved by the City Manager and
Comptroller.
Section 7. The City Manager and Comptroller are hereby authorized, if they
determine it is in the City’s best interests, to acquire, on behalf of the City, bond insurance or
other forms of credit enhancement guaranteeing the Refunding Bonds on such terms as the
City Manager and Comptroller determine to be appropriate, such terms to include, but not be
limited to, those relating to fees, premiums and other costs and expenses incurred in
connection with such credit enhancement, the terms of payment of such expenses and costs
and such other undertakings as the issuer of the credit enhancement shall require.
Section 8. In connection with the issuance of the Refunding Bonds authorized
herein, the City may exercise any power delegated to municipalities pursuant to Section 7-
370b, including the authority to enter into agreements managing interest rate risk. The City
Manager and Comptroller, on behalf of the City, shall execute and deliver such
reimbursement agreements, letter of credit agreement, credit facilities, remarketing,
standby marketing agreements, standby bond purchase agreements, and any other
commercially necessary or appropriate agreements which are necessary, appropriate or
desirable in connection with or incidental to the sale and issuance of the Refunding Bonds.
Section 9. The City Manager and Comptroller are hereby authorized, on behalf of the
City, to enter into agreements or otherwise covenant for the benefit of bondholders to provide
information on an annual or other periodic basis to the Municipal Securities Rulemaking
Board (“MSRB”) and to provide notices to the MSRB of material events as enumerated in
Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be
necessary, appropriate or desirable to effect the sale of the Refunding Bonds authorized by
this resolution. Any agreements or representations to provide information to the MSRB made
prior hereto are hereby confirmed, ratified and approved.
Section 10. The City Manager and Comptroller are hereby authorized to prepare and
distribute preliminary and final Official Statements of the City, to execute and deliver on
behalf of the City all such other documents, and to take all action, necessary and proper for
the sale, issuance and delivery of the Refunding Bonds in accordance with the provisions of
the Connecticut General Statutes and the laws of the United States.
Section 11. This resolution shall become effective immediately upon passage and shall
remain effective until December 31, 2017.
Upon a motion of Ald. Martin, seconded by Ald. Nash, it was unanimously voted to adjourn
at 8:20 pm.
CITY CLERK
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Agenda
AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH
January 17, 2017
7:00 PM
PRAYER
PLEDGE OF ALLEGIANCE
CITIZEN COMMENT GENERAL (30 Minutes)
PUBLIC HEARINGS
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
SECOND READING AND ACTION ON THE PROPOSED ORDINANCES
LISTED ABOVE
PETITION AND COMMUNICATIONS
1. Referral from the Mohegan Park Improvement & Development Advisory Committee
regarding the permit fees for the use of the Mohegan Park Group Picnic Area and
Lakeside Pavilion.
2. Referral for the Commission on the City Plan regarding a resolution to lease space to
Cellco Partnership d/b/a Verizon Wireless at 8 Mahan Drive (Fontaine Field).
3. Audit presentation from Blum Shapiro PC.
4. Presentation from Bill Champagne and Regan Miner about the 2016 Tourism
Activities in Norwich.
5. A 2016 year end summary report from Michael Menders regarding the Commission
for Persons with Disabilities.
6. Letter stating Norwich Fire Department and Emergency Medical Technicians are
cleared for the implementation of the 2016 Connecticut State EMS Protocol.
7. Communication from the Senior Affairs Commission.
CITY MANAGER’S REPORT
OLD BUSINESS-RESOLUTIONS
1. Relative to locating communication equipment at Fontaine Field.
CITIZENS COMMENT ON RESOLUTIONS
NEW BUSINESS-RESOLUTIONS
1. Relative to holding the St. Patrick’s Day parade on March 5, 2017.
2. Relative to a resolution authorizing the issuance and sale of up to $3,500,000 for the
costs associated with City of Norwich general obligation refunding bonds.
City Clerk
PUBLIC HEARING #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
OLD BUSINESS RESOLUTION #1
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 #1
WHEREAS, the Council of the City of Norwich, by resolution adopted January 6, 2014,
recognized the efforts of the St. Patrick’s Day Parade Committee to organize a St. Patrick’s
Day Parade funded by private contributions and sponsorships, and also recognized the
planned St. Patrick’s Day Parade as a City of Norwich function; and
WHEREAS, St. Patrick’s Day Parades so organized, have been held annually in March since;
and
WHEREAS, local business owners, Norwich residents and other interested individuals,
assisted by the Norwich Community Development Corporation, have joined together as the
St. Patrick’s Day Parade Committee to organize, promote and present a St. Patrick’s Day
Parade in downtown Norwich to be held on Sunday, March 5, 2017, the parade to be
funded by private contributions and sponsorships.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that
it recognizes the planned St. Patrick’s Day Parade as a City of Norwich function, and
welcomes the participants and spectators who will come to Norwich on March 5, 2017 for
the event, inviting them to enjoy the hospitality and entertainments provided with this
event by its sponsors and the ambience of downtown Norwich; and
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the
Council of the City of Norwich offers its thanks and appreciation to the St. Patrick’s Day
Parade Committee and all donors and sponsors for their efforts.
Mayor Deberey Hinchey
RESOLUTION #2
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
UP TO $3,500,000 FOR THE COSTS ASSOCIATED WITH CITY
OF NORWICH GENERAL OBLIGATION REFUNDING BONDS
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH:
Section 1. General Obligation Refunding Bonds of the City of Norwich,
Connecticut (the “City”) in a principal amount of not more than $3,500,000 (the
“Refunding Bonds”) are hereby authorized to be issued in one or more series and in such
amount or such lesser amount as shall be necessary to refund, including any advance
refunding, all or any portion of one or more series of the City’s outstanding general
obligation bonds, including, but not limited to, the City’s 2009 Series A Bonds (the “Prior
Bonds”), and the payment of principal, interest and any call premium on such Prior Bonds,
as determined by the City Manager and the Comptroller to be in the best interest of the
City for the purpose of achieving net present value savings and/or to moderate debt service
payments and to finance such additional costs and expenses related thereto, as the City
Manager and the Comptroller shall approve for the funding of necessary and
appropriate financing and/or issuance costs including, but not limited to, legal,
advisory, rating, escrow fees, credit enhancement, verification fees, investment fees, net
temporary interest, trustee, underwriters’ discount and printing and administrative
expenses.
Section 2. The Refunding Bonds shall be issued in fully registered form, be
executed in the name and on behalf of the City by the facsimile or manual signatures of
the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be
certified by a bank or trust company, which bank or trust company may be designated
the registrar and transfer agent, be payable at a bank or trust company, and be approved
as to their legality by Pullman & Comley, LLC, Bond Counsel. The Refunding Bonds
shall be general obligations of the City and each of the Refunding Bonds shall recite that
every requirement of law relating to its issue has been duly complied with, that such
Refunding Bond is within every debt and other limit prescribed by law, and that the full
faith and credit of the City are pledged to the payment of the principal thereof and
interest thereon.
Section 3. The City Manager and the Comptroller are hereby authorized to
determine the aggregate principal amount of the Refunding Bonds, the annual
installments of principal, date, maturity, prices, interest rates (whether fixed or variable),
form, redemption provisions, if any, the certifying registrar and transfer agent, the manner
of sale or other terms and conditions of the Refunding Bonds, and whether any of the
Refunding Bonds issued will be issued as taxable bonds, all in such a manner as the City
Manager and Comptroller shall determine to be in the best interests of the City and in
accordance with the General Statutes of Connecticut, Revision of 1958, as amended (the
“Connecticut General Statutes”), and to take such actions and to execute such documents,
or designate other officials or employees of the City to take such actions and to execute
such documents, as deemed to be necessary or advisable and in the best interests of the
City by the City Manager and Comptroller in order to issue, sell and deliver the Refunding
Bonds.
Section 4. The City Manager and Comptroller may irrevocably call for redemption
such maturities of the Prior Bonds, as they determine to refund from the proceeds of the
Refunding Bonds and other moneys as they may be determined to make available for this
purpose, and to defease such Prior Bonds by executing and delivering an escrow
agreement in such form and upon such terms as they shall approve, such approval to be
conclusively evidenced by their execution thereof. The City Manager and Comptroller are
further authorized to appoint an escrow agent, a verification agent to verify the
sufficiency of the escrow investments and other professionals, and to execute and
deliver any and all escrow, investment and other agreements necessary to provide for
the payment when due of the principal of and interest and redemption premium, if any,
on the Prior Bonds.
Section 5. The net proceeds of the sale of the Refunding Bonds, after payment
of costs of issuance, shall be invested in appropriate legal investments including, but not
limited to, non-callable direct obligations of, or obligations guaranteed by, the United
States of America, or any other investments permitted by the Connecticut General
Statutes, all of which shall not be callable or pre-payable, the principal of and interest on
which, when due, shall be in an amount sufficient to pay the principal of, interest and
redemption premium, if any, on the Prior Bonds at maturity, or to redeem the Prior
Bonds at the redemption price prior to maturity, pursuant to the plan of refunding.
Section 6. The Refunding Bonds are to be sold by the City Manager and
Comptroller in a competitive offering or by negotiation in their discretion. If sold in a
competitive offering, the Refunding Bonds shall be sold at not less than par and accrued
interest on the basis of the lowest net or true interest cost to the City. If the Refunding
Bonds are sold by negotiation, the provisions of the bond purchase agreement shall be
approved by the City Manager and Comptroller.
Section 7. The City Manager and Comptroller are hereby authorized, if they
determine it is in the City’s best interests, to acquire, on behalf of the City, bond insurance
or other forms of credit enhancement guaranteeing the Refunding Bonds on such terms as
the City Manager and Comptroller determine to be appropriate, such terms to include, but
not be limited to, those relating to fees, premiums and other costs and expenses incurred
in connection with such credit enhancement, the terms of payment of such expenses and
costs and such other undertakings as the issuer of the credit enhancement shall require.
Section 8. In connection with the issuance of the Refunding Bonds authorized
herein, the City may exercise any power delegated to municipalities pursuant to Section
7-370b, including the authority to enter into agreements managing interest rate risk.
The City Manager and Comptroller, on behalf of the City, shall execute and deliver such
reimbursement agreements, letter of credit agreement, credit facilities, remarketing,
standby marketing agreements, standby bond purchase agreements, and any other
commercially necessary or appropriate agreements which are necessary, appropriate or
desirable in connection with or incidental to the sale and issuance of the Refunding
Bonds.
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Section 9. The City Manager and Comptroller are hereby authorized, on behalf of
the City, to enter into agreements or otherwise covenant for the benefit of bondholders to
provide information on an annual or other periodic basis to the Municipal Securities
Rulemaking Board (“MSRB”) and to provide notices to the MSRB of material events as
enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as
amended, as may be necessary, appropriate or desirable to effect the sale of the Refunding
Bonds authorized by this resolution. Any agreements or representations to provide
information to the MSRB made prior hereto are hereby confirmed, ratified and approved.
Section 10. The City Manager and Comptroller are hereby authorized to prepare
and distribute preliminary and final Official Statements of the City, to execute and
deliver on behalf of the City all such other documents, and to take all action, necessary
and proper for the sale, issuance and delivery of the Refunding Bonds in accordance
with the provisions of the Connecticut General Statutes and the laws of the United
States.
Section 11. This resolution shall become effective immediately upon passage and
shall remain effective until December 31, 2017.
City Manager John Salomone
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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
January 10, 2017
To: Mayor Deberey Hinchey and Members of the Norwich City Council
Explanation of Resolution Authorizing the
Issuance and Sale of up to $3,500,000 for
the Costs Associated with City of Norwich
General Obligation Refunding Bonds
This proposed resolution would enable the Finance Department to refund certain bonds issued in 2009 any
time before December 31, 2017 if it is advantageous to do so. Refunding bonds is very similar to an individual
refinancing his/her mortgage.
This refunding would be an advanced refunding, which means that the money from the new bonds would be
placed into an escrow account and invested. The funds from that escrow account would be used to pay for
installments of the 2009 bond issue.
Our goal with this refunding would be to save the City money on future debt service payments. The market
conditions are currently favorable to this refunding, but the City will continue to evaluate whether a refunding
is feasible. We need the Council’s approval of this resolution to initiate a refunding.
We intend to do a bond issue in March 2017 and, if market conditions remain favorable, it would be most
efficient for us to include this proposed refunding as part of that bond issue.
For more information about refundings, please see the Government Finance Officers Association Best Practice
Article “Analyzing and Issuing Refunding Bonds” (http://gfoa.org/analyzing-and-issuing-refunding-bonds).
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