City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 A regular meeting of the Council of the City of Norwich was held July 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. Nash read the opening prayer and Ald. Martin led the members in the Pledge of Allegiance. Mayor Hinchey called for citizen comment. Marvin Serruto, 100 Starr St, thanked everyone who was involved in the fireworks stating it was a great event. He also was disappointed that there are no lifeguards at Mohegan Park. He asked when amendments are made to a resolution that the public should be able to comment. Jon Oldfield, 185 Lawler Ln, stated he was alarmed that the Council members would consider buying the most contaminated property in Norwich (on the Thames River), a scrap yard, to put a park. He also talked about still having no lifeguards at Mohegan Park and feared for the safety of the children. He asked to put up “No swimming” signs. He referred to two properties in the industrial park that don’t pay taxes. Rebecca Muccilli, 303 Mohegan Park Rd, emphasized the danger of children swimming at Mohegan Park with no lifeguards. John Blackburn, 15 Alice St, gave dates of important Veterans events open to the public, Norwich Veterans, Korean War Army event at VFW Post 594 July 22 at 1:00pm at the post and Tribute to America Aug 4 at 6:30 pm on the Norwich Town Green. David Crabb, 47 Prospect St, talked about various items that took money out of the budget: the transportation center, butterfly pavilion, Mohegan Park, and a junk yard over railroad tracks; he also talked about the money stashed in the rainy day fund. James Quarto, 25 Elmwood Ave, stated he has studies from the Redevelopment Agency that show that the scrap yard property is not as polluted as the pervious speaker stated. He stated Norwich needs foresight to purchase property like the salvage property on the harbor which would attract more people and businesses to the city. He also asked to talk to the property owners before it goes to auction. Mayor Hinchey declared citizen comment closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE AMENDING ORDINANCE 1749 AND APPROPRIATING ADDITIONAL FUNDS FROM THE UNRESTRICTED FUND BALANCE OF THE CITY CONSOLIDATION DISTRICT Speaking in favor: There were no speakers. Speaking in opposition: 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 David Crabb, 47 Prospect St, stated it is the job of the City Manager to protect the Council and cut taxes. He stated you can’t adjust the rainy day fund to make tax cuts and run the city. Mayor Hinchey declared the Public Hearing closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE AMENDING ORDINANCE 1750 APPROPRIATING ADDITIONAL FUNDS FROM THE UNRESTRICTED FUND BALANCE OF THE TOWN CONSOLIDATION DISTRICT Speaking in favor: There were no speakers. Speaking in opposition: David Crabb, 47 Prospect St, stated the same grounds as previously stated. Mayor Hinchey declared the Public Hearing closed. Mayor Hinchey called for a Public Hearing on AN ORDINANCE APPROPRIATING $3,200,000 FOR PUBLIC SAFETY EQUIPMENT AND AUTHORIZING THE ISSUE OF $3,200,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Speaking in favor: Tim Jencks, Chief, Taftville Fire Department, 32 Providence Ave, thanked the Public Safety Committee and stated this Ordinance is long overdue due to the age of the fire equipment and the changes in the community. Susan Goldman, 35 Sherwood Ln, spoke neither in support nor opposed to this ordinance but hoped her questions could be answered. She stated Norwich has more fire trucks than any other city our size and is concerned when the Council was cutting the budget and positions that money is spent wisely. She asked who determines the fire equipment requirements vs. requests from each fire department. She also asked if someone assesses the requests for the benefit of the city, is there a priority list for the need for all the departments and is there a 5 or 10 year forecast for purchasing equipment. Richard Benoit, 136 Hunters Rd, stated he joined the Taftville Fire Department in 1974 and that professional tools are needed to run the department. Keith Melton, 14 West Ave, East Great Plain Fire Department, thanked the Public Safety Committee and stated that with their 30 year old equipment which is barely passing inspections and current standards it’s hard to find parts…this ordinance is needed. Frank Blanchard, Chief, Yantic Fire Department, 151 Yantic Rd, stated this is a direct result of the Public Safety Committee and asked for support of this Ordinance. He stated the equipment is over 30 years old and is getting problematic. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 Aaron Westervelt, Chief, Laurel Hill Fire Department, 16 Laurel Hill, thanked the Public Safety Committee for being in support of this Ordinance. He hoped this will be a fix for the trucks over 30 years old. Ryan Thompson, Director Public Works, clarified the inventory at Public Works where they evaluate and replace parts when needed and with the fleet aging it is harder and harder to maintain. John Blackburn, 15 Alice St, felt that all the new equipment should be stenciled with “Norwich” not just the respective fire department name. Speaking in opposition: Robert Phoenix, 302 Old Canterbury Tpke, stated there is a choice of updating the equipment and going into debt. He felt that it should have been in the budget throughout the budget process the last four or nine years. He objects to the language “any additional public safety equipment, including communications equipment, as later determined and approved by the Council…..” and felt this it too open-ended. The City Clerk read the report from the Public Safety Committee: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 Mayor Hinchey declared the Public Hearing closed. Mayor Hinchey called for the second reading and action on AN ORDINANCE AMENDING ORDINANCE 1749 AND APPROPRIATING ADDITIONAL FUNDS FROM THE UNRESTRICTED FUND BALANCE OF THE CITY CONSOLIDATION DISTRICT Upon a motion Ald. Martin, 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. Nash, to put the following ordinance introduced by City Manager Salomone on the floor for adoption. AN ORDINANCE AMENDING ORDINANCE 1749 AND APPROPRIATING ADDITIONAL FUNDS FROM THE UNRESTRICTED FUND BALANCE OF THE CITY CONSOLIDATION DISTRICT WHEREAS, on June 12, 2017, the Council of the City of Norwich appropriated $311,000 of unrestricted fund balance (“UFB”) of the City Consolidation District (“CCD”) for the purpose of mitigating the CCD tax levy; and WHEREAS, upon the appropriation of this $311,000 of UFB of the CCD, there was no longer an adequate amount of UFB available for purposes of making an additional contribution to the Firefighters portion of the City of Norwich Retirement Plan; and WHEREAS, the projected costs of overtime, replacement cost, and negotiated salaries and benefits for fiscal year 2016-17 increased to $374,000 higher than anticipated compared to the adopted 2016-17 budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT Ordinance 1749, adopted June 19, 2017, be amended as set forth herein effective retroactive to June 19, 2017. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 Ordinance 1749 - AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS FROM THE UNRESTRICTED FUND BALANCE OF THE CITY CONSOLIDATION DISTRICT WHEREAS, the cost of overtime, replacement cost, and negotiated salaries and benefits for fiscal year 2016-17 are $330,000 $374,000 higher than anticipated compared to the adopted 2016-17 budget for the City Consolidation District (“CCD”).; and WHEREAS, the CCD has an unrestricted fund balance (“UFB”) which is projected to be $926,000, or 12% of the operating expenditures of the CCD as of June 30, 2017, including the impact of the $330,000 budget variances described above; and WHEREAS, the UFB of the CCD fund has accumulated primarily as a result of greater-than- anticipated current and prior tax levy collections over the years; and WHEREAS, although the City does not have a formal policy for the UFB level of the CCD fund, because the expenditures in this fund vary moderately, the Comptroller and City Manager deem a UFB level of 8% of operating expenditures, or $615,000, to be adequate for this fund; and WHEREAS, as of the City of Norwich Retirement Plan’s most recent actuarial valuation report dated July 1, 2015, the Firefighters portion of the Plan has an Unfunded Accrued Liability of $15,326,208 and a funded ratio of 60.9%; and WHEREAS, an additional contribution to the Firefighters portion of the City of Norwich Retirement Plan will have a long-term impact on mitigating property taxes for the taxpayers of the CCD. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT the sum of $330,000 $374,000 be and hereby is appropriated from the UFB of the CCD to increase the fiscal year 2016-17 budget for CCD expenditure line items as follows: 80012 Employees $44,000 80014 Overtime 25,000 80017 Replacement Cost 238,000 89999 Fringe Benefits 23,000 Total $330,000 80012 Employees $34,000 80014 Overtime 30,000 80017 Replacement Cost 268,000 89999 Fringe Benefits 42,000 Total $374,000 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT $311,000 be and hereby is appropriated from the UFB of the CCD to increase the fiscal year 2016-17 budget for CCD expenditure line item 89999 “Fringe Benefits” for the purpose of making an additional contribution to the Firefighters portion of the City of Norwich Retirement Plan. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 Purpose: To amend Ordinance 1749 to only appropriate funds from the unrestricted fund balance of the City Consolidation District fund for projected expenditures in excess of the adopted 2016-17 budget and for an additional contribution to the City of Norwich Retirement Plan. Motion passes on a roll call vote of 6-1 with Mayor Hinchey voting on opposition. Mayor Hinchey called for the second reading and action on AN ORDINANCE AMENDING ORDINANCE 1750 APPROPRIATING ADDITIONAL FUNDS FROM THE UNRESTRICTED FUND BALANCE OF THE TOWN CONSOLIDATION DISTRICT Upon a motion Ald. Martin, 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 put the following ordinance introduced by City Manager Salomone on the floor for adoption. AN ORDINANCE AMENDING ORDINANCE 1750 APPROPRIATING ADDITIONAL FUNDS FROM THE UNRESTRICTED FUND BALANCE OF THE TOWN CONSOLIDATION DISTRICT WHEREAS, on June 12, 2017, the Council of the City of Norwich appropriated $346,000 of unrestricted fund balance (“UFB”) of the Town Consolidation District (“TCD”) for the purpose of mitigating the TCD tax levy; and WHEREAS, upon the appropriation of this $346,000 of UFB of the TCD, there was no longer an adequate amount of UFB available for purposes of making an additional contribution to the Volunteer Firefighters’ Relief Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT Ordinance 1750, adopted June 19, 2017, be amended as set forth herein effective retroactive to June 19, 2017. Ordinance 1750 - AN ORDINANCE APPROPRIATING ADDITIONAL FUNDS FROM THE UNRESTRICTED FUND BALANCE OF THE TOWN CONSOLIDATION DISTRICT WHEREAS, the cost of property tax credits for volunteer firefighters for fiscal year 2016-17 are $8,000 higher than anticipated compared to the adopted 2016-17 budget for the Town Consolidation District (“TCD”).; and WHEREAS, the TCD has an unrestricted fund balance (“UFB”) which is projected to be $376,000, or 64% of the operating expenditures of the TCD as of June 30, 2017, including the impact of the $8,000 budget variance in property tax credits for volunteer firefighters; and WHEREAS, this UFB has accumulated as a result of greater-than-anticipated current and prior tax levy collections over the years; and 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 WHEREAS, although the City does not have a formal policy for the UFB level of the TCD fund, because the expenditures in this fund do not vary greatly, the Comptroller and City Manager deem a UFB level of 5% of operating expenditures, or $30,000, to be adequate for this fund; and WHEREAS, the contribution to the Volunteer Firefighters’ Relief Fund is the largest expenditure of the TCD; and WHEREAS, as of the Volunteer Firefighters’ Relief Fund’s most recent actuarial valuation report dated January 1, 2016, the Volunteer Firefighters’ Relief Fund has an Unfunded Accrued Liability of $3,569,000 and a funded ratio of 39.27%; and WHEREAS, an additional contribution to the Volunteer Firefighters’ Relief Fund will have a long-term impact on mitigating property taxes for the taxpayers of the TCD. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT the sum of $8,000 be and hereby is appropriated from the UFB of the TCD to increase the fiscal year 2016-17 budget for TCD expenditure line item 80122 “VFF Tax Abatement.” BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT the sum of $346,000 be and hereby is appropriated from the UFB of the TCD to increase the fiscal year 2016-17 budget for TCD expenditure line item 89270 “VFF Relief Fund Contribution.” Purpose: To amend Ordinance 1750 to only appropriate funds from the unrestricted fund balance of the Town Consolidation District fund for projected expenditures in excess of the adopted 2016-17 budget and for an additional contribution to the Volunteer Firefighters’ Relief Fund Plan. Motion passes on a roll call vote of 6-1 with Mayor Hinchey voting on opposition. Mayor Hinchey called for the second reading and action on AN ORDINANCE APPROPRIATING $3,200,000 FOR PUBLIC SAFETY EQUIPMENT AND AUTHORIZING THE ISSUE OF $3,200,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Upon a motion 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 this being its second reading. Ald. Gould motioned, seconded by Ald. Nash, to put the following ordinance introduced by Ald. Nash, Gould and Philbrick on the floor for adoption. Council Ordinance AN ORDINANCE APPROPRIATING $3,200,000 FOR PUBLIC SAFETY EQUIPMENT AND AUTHORIZING THE ISSUE OF $3,200,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $3,200,000 is appropriated for the City of Norwich’s (the “City”) share of costs relating to purchase of an engine tanker for the East Great Plain Volunteer Fire Department; a rescue pumper and a large squad vehicle for the Taftville Volunteer Fire Department; a pumper for the Yantic Volunteer Fire Department; a pumper for the Laurel Hill Fire Department; and any additional public safety equipment, including communications equipment, as later determined and approved by resolution of the Council of the City of Norwich for the City’s fire or police departments as may be accomplished within said appropriation (collectively, “Equipment”), and for administrative, consulting, advertising, printing, legal and financing costs to the extent paid therefrom. Said appropriation shall be in addition to grant funding and all prior and future appropriations for said purpose. Section 2. The total estimated cost of the Equipment is $3,200,000. Other than the sale value, trade- in value, or scrap value of all items being replaced pursuant to this appropriation and bond ordinance, no portion of the Equipment cost is expected to be paid from sources other than the proposed bond and note financings. The estimated useful life of the Equipment is twenty (20) years. The Equipment is a general benefit to the City and its general governmental purposes. Section 3. To meet said appropriation $3,200,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth (20th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, 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 such bonds or notes. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Equipment. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Equipment to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 10. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law. Section 11. 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 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Equipment in accordance with the provisions of the Statutes and the laws of the United States. Section 12. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. Motion passes on a roll call vote of 6-1 with Mayor Hinchey voting on opposition. Geoff Steadman and Michael Gualtieri gave an oral and written report updating the council on the status of the Harbor Management Commission activities. Upon a motion of Ald. Braddock, seconded by Ald. Gould, it was unanimously voted to receive the communication from the Public Safety Committee previously read. City Manager’s Report: To: Mayor Hinchey and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: July 17, 2017 The Mayor and I continue to have regular meetings. I meet with John Wong regarding the usage of the Intermodal Transportation Center for bus service from New York City. He is working on a potential shuttle service for the City, casinos and their employees and guests between Connecticut and New York. On Tuesday, July 11, 2017, the Public Works and Dispatch Unions first proposal exchange was conducted with Brigid Marks, Human Resources Director, Pat Osten, Assistant Human Resources Director, and I. I meet with resident Jon Oldfield, regarding FOI requests and questions he had on the city budget. I attended the City Department Head Coordination Meeting at the Norwich Public Utilities Training Room on July 13th. There was discussion regarding 80 Broadway once the Human Service Department vacates the building. I informed those attending that the City would be working on an RFP to sell the building. My assistant, Jacquie Barbarossa is working with Purchasing Agent, Bill Hathaway to get this completed as soon as possible. I had a meeting with the Mayor, Aldermen Braddock and Martin, and staff regarding the Shetucket Iron & Metal Scrapyard and the Brownfields associated at the site. On Friday July 14th, I meet with Greg Schlough, Chairman of the 134th Annual CT State Firefighters Association Convention & Parade the will be will be held September 15th to the 17th. I also meet with a concerned citizen regarding the status of the Mohegan Park swimming area. In regards to that issue, the city’s merit system rules states that employees must be 17.5 years of age to work for the City. I believe we should lower the age requirement for seasonal employees to obtain a larger range of candidates for lifeguards for next year. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 I have the Treasurers Report from Michael Gualtieri, for quarter ended March 31, 2017 for your review. Mayor Hinchey called for citizen comment on resolutions. Sheila Hayes, 288 Central Ave, spoke on resolution #2 and was confused when there is an operating surplus of $1.8 million at 13.5% why wasn’t that money used to save positions and or fund the education budget. She asked why we have 13.5% in reserves when there are critical issues that need to be addressed. David Crabb, 47 Prospect St, spoke in opposition to resolution #1 and stated this is a golden opportunity to give the welfare department back to the State, on resolution #2 he talked about the existence of the unrestricted fund balance and how it works and resolution #3 he felt it was wasting tax dollars to do a study. Ryan Thompson, Director of Public Works, stated this safety study will help implement the first phase of Franklin and Willow Street becoming two-way. He stated this $500,000 grant is a low cost way to create a working document to redesign traffic and redevelopment. 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 Mayor Hinchey. WHEREAS, the City of Norwich through its Department of Human Services and the State of Connecticut acting through the Department of Mental Health and Addiction Services have established a cooperative program through the Partnership for Success Initiative; and WHEREAS, the City of Norwich is required to designate an individual to sign and amend the Agreement implementing the Initiative in Norwich and such other documents as may be necessary to effectuate and continue the same. 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 to enter into and to amend contractual instruments with the Department of Mental Health and Addiction Services of the State of Connecticut as required, provided such contractual instruments and any amendments thereto are satisfactory to him and Lee Ann Gomes, Director of Norwich Human Services. Upon a motion of Ald. Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. Relative to the transfer of funds from the 2016-17 contingency budget to various departments to close out the Fiscal Year. WHEREAS, the City Clerk Department expended approximately $10,000 in excess of its fiscal year 2016-17 appropriation resulting from additional costs for part-time employees to provide office coverage; and, 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 WHEREAS, the Police Department expended approximately $20,000 in excess of its fiscal year 2016-17 appropriation resulting from retirement payouts, overtime, and replacement costs; and, WHEREAS, the Norwich Fire Department expended approximately $60,000 in excess of its fiscal year 2016-17 appropriation resulting from retirement payouts, overtime, and replacement costs; and, WHEREAS, the East Great Plain Volunteer Fire Department expended approximately $2,000 in excess of its fiscal year 2016-17 appropriation resulting from fuel and utilities costs; and, WHEREAS, the Laurel Hill Volunteer Fire Department expended approximately $5,000 in excess of its fiscal year 2016-17 appropriation resulting from higher than anticipated materials and supplies costs; and, WHEREAS, the Occum Volunteer Fire Department expended approximately $2,000 in excess of its fiscal year 2016-17 appropriation resulting from higher than anticipated annual physical costs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that $99,000 be and hereby is transferred from the 2016-17 Contingency budget to the 2016-17 City Clerk, Police, Norwich Fire, East Great Plain Volunteer Fire, Laurel Hill Volunteer Fire, and Occum Volunteer Fire departments as follows: Department Amount of Transfer Contingency 99,000 Subtotal - Budget Decreases 99,000 City Clerk 10,000 Police 20,000 Norwich Fire 60,000 East Great Plain Volunteer Fire 2,000 Laurel Hill Volunteer Fire 5,000 Occum Volunteer Fire 2,000 Subtotal - Budget Increases 99,000 Net Budget Change - Upon a motion of Ald. Nash, seconded by Ald. Martin, it was unanimously voted to adopt the following resolution introduced by Ald. Braddock. WHEREAS, the State of Connecticut through its Department of Transportation makes available funds to qualifying municipalities through the 2017 Responsible Growth and Transit-Oriented Development (TOD) Grant Program; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to apply for such grant funding to support a study of transportation needs and potential improvements in the Norwich downtown and waterfront areas. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that: (1) It authorizes the submission by the City of Norwich of the Transportation Study for Norwich Downtown and Waterfront Proposal, in accordance with the 2017 Responsible Growth and Transit-Oriented Development (TOD) Grant Request for Applications; 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 (2) It authorizes and directs City Manager John Salomone to sign the grant application and to sign and deliver any other documents associated with administering the grant, if awarded, including but not limited to the final grant agreement and any amendments thereto; (3) In administering the grants, if awarded, the City of Norwich hereby agrees to comply with the terms and conditions of the final grant agreement, as executed, including the local match requirement contained in such agreement. The local match presented in the initial Application Form shall form the basis for the match requirements of the grant agreement. Upon a motion of Ald. Martin, seconded by Ald. Gould, it was unanimously voted to refer the following ordinance introduced by Ald. Gould, Braddock and Philbrick to The Commission on the City Plan and set a public hearing on August 7, 2017, 7:30 pm for its second reading and action. Council Ordinance AN ORDINANCE APPROPRIATING $5,000,000 FOR THE CITY OF NORWICH INFRASTRUCTURE IMPROVEMENT PROGRAM (2017) AND AUTHORIZING THE ISSUE OF $5,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $5,000,000 is appropriated for the planning, acquisition and construction of the City of Norwich Infrastructure Improvement Program (2017) (the “Project”). The Project shall consist of the improvement or new construction of roads, bridges and bridge structures, sidewalks, piers and wharves, and appurtenant areas throughout the City of Norwich (the “City”). The specific improvements shall be determined from time to time by the Public Works Director and City Manager. Project improvements may consist of, but are not limited to, blasting, horizontal and vertical realignment, drainage installation, paving, curbing, milling, capping, landscaping and reclamation and for improvements to structures or utilities, incidental, appurtenant or encountered in the course of such improvements and for engineering, design, traffic control, administrative, consulting, advertising, printing, legal and financing costs related thereto. Said appropriation shall be in addition to grant funding and all prior and future appropriations for said purpose. Section 2. The total estimated cost of the Project is $5,000,000. No portion of the Project cost is expected to be paid from other sources other than the proposed bond issue. The estimated useful life of the Project is twenty (20) years. The Project is a general benefit to the City and its general governmental purposes. Section 3. To meet said appropriation $5,000,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth (20th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, 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 such bonds or notes. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 17, 2017 that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 8. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 9. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 10. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law. Section 11. 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 any bonds or notes relating to the Project in accordance with the provisions of the Statutes and the laws of the United States. Section 12. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. Upon a motion by Ald. Gould, second by Ald. Braddock, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200(6), for the purpose of discussing the acquisition or disposition of real estate or interest in real estate when publicity regarding the proposed acquisition or disposition would cause a likelihood of an increased price to acquire and a diminished price to dispose of for the property and to review feasibility make for the city of Norwich regarding such property. City Manager John Salomone, City Planner Deanna Rhodes, Attorney Mark Block, Attorney Paul Geraghty, 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 8:40 PM to 9:50 PM, at which time Mayor Hinchey stated no votes were taken. Upon a motion of President Pro Tem Nystrom, seconded by Ald. Nash, it was unanimously voted to return to regular session. Upon a motion of Ald. Gould, seconded by Ald. Braddock, it was unanimously voted to adjourn at 9:51 pm. CITY CLERK 15