City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 The regular meeting of the Council of the City of Norwich was held July 1, 2019, at 7:30 PM in Council Chambers. Present: Mayor Nystrom, Ald. Nash, Gould, Philbrick, DeLucia, Browning and Burnham. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Gould read the opening prayer and Ald. DeLucia led the members in the Pledge of Allegiance. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the minutes of June 10 and 17, 2019. Mayor Nystrom called for a Public Hearing on participation in a Cost Sharing Program with The City of Norwich to construct concrete sidewalks. Speaking in favor: There were no speakers. Speaking in opposition: There were no speakers. There were no speakers. There being no further speakers Mayor Nystrom declared the public hearing closed. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to accept the resignation of Arthur Sharron from the Commission on the City Plan thanking him for his service. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to accept the resignation of James Maloney from the Board of Education. City Manager Salomone report: To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: July 1, 2019 I attended the monthly CIRMA meetings of the Investment Committee and Board of Directors and the Southeastern Council of Governments, (SCCOG) and South Eastern Area Transit (SEAT) meetings. The Mayor and I attended a meeting at the Montville Town Hall where the Lt. Governor Susan Bysiewicz spoke with local town leaders about state and local issues. The Norwich Downtown Preservation & Development Conference was held on June 19th at the Wauregan Ballroom. Representatives from the Connecticut Main Street Center and the state Historic Preservation Office spoke on the use of historic preservation grants and tax credits. Patrick McMahon, CEO of the Connecticut Main Street Center pointed out that the Wauregan is an example of successful redevelopment which was restored with the help of historic preservation grants and tax credits. Developers, City and local officials also 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 toured the downtown and saw a number of new businesses including the former Majestic Rose dinner theater which will be converted into a 31-room boutique hotel. I participated in an informative webinar “Establishing an Effective Social Media Policy for Your Jurisdiction” provided by ICMA. Tax Bills were mailed on June 28th and are now due. The City has again partnered with People’s United Bank Norwich locations to accept current Real Estate, Personal Property, and Motor Vehicle tax bills during the month of July in addition to mail or in-person payments at City Hall. A press release has been sent to the local media and posted on the City’s website with additional information. The 2019 Neighborhood Assistance Applications have been delivered and received by the CT Department of Revenue Services prior to the July 1st deadline. Global Cities/NCDC held the 2nd Polish Festival on Franklin Street on June 23rd which will surely become an annual celebration based on the attendance of over 1,600. The Norwich Events Organization honored Shiela Hayes and the Edward and Mary Lord Foundation as this year’s recipients of the Ron Aliano Service Awards at a gala held on June 26th. Congratulations to them and to the Norwich Events Organization for organizing the event. Proceeds raised at the event will go towards the Norwich Harbor Fireworks event that will be held on Wednesday, July 3rd from 5 pm to 10 pm. Thank you to the Norwich Events Organization for their commitment in keeping with this Norwich tradition... Thank you to the Rose Arst Festival Committee, Norwich Police, Norwich Public Works, Norwich Fire Department, Norwich Public Utilities, sponsors and volunteers for the 3rd Rose Arts Festival celebration that was held at Chelsea Parade and downtown Norwich on June 29th. The event continues to grow and provides entertainment and activities for all ages. Mayor Nystrom called for citizen comment. There were no speakers. Mayor Nystrom declared citizen comment closed. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to put the following resolution introduced by City Manager Salomone on the floor. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was voted to amend the following resolution to reduce the ”Norwich Rec. Taftville Basketball Courts by $45,000.00 and increase DPW Greeneville Playground by $45,000.00”. On a vote of 4-3 with Ald. Delucia, Browning and Burnham voting in opposition amendment passes. WHEREAS, the City of Norwich is an entitlement community receiving U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) dollars of $836,068; $8,722.35 Recaptured funds and $11,356.40 anticipated return of loan (administration) for program year (PY) 2019; and WHEREAS, the Community Development Advisory Committee (CDAC) has held public meetings and voted on their recommendations for CDBG allocations in the month of March; and 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 WHEREAS, the allocation process is subject to a 30-day comment period prior to being placed into effect and the Council of the City of Norwich must hold a public hearing regarding the recommendations prior to the final vote on the allocation and the City of Norwich has held a public hearing regarding the recommendations prior to the final vote on the allocation; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council shall and hereby does allocate the funds for (PY) 19 Community Development; Recapture and anticipated Return of Loan for administration as follows: CDBG Requests - PY 45 (2019-2020) Anticipated PY 2019 Allocation $ 836,068.00 PY 44 Recapture $ 8,722.35 $ 844,790.35 CDAC PY 2019 Request Recommendation Council Recommendation CD Office - Administration $ 167,213.60 $ 167,213.60 $ 167,213.60 20% of Grant Funds and ROL $ 11,356.40 $ 11,356.40 $ 11,356.40 Public Services NHS Norwich Works $ 50,000.00 $ 50,000.00 $ 50,000.00 NHS Rapid Rehousing & Shelter Diversion $ 15,000.00 $ 15,000.00 $ 15,000.00 Children in Placement $ 10,000.00 $ - $ - Safe Futures $ 15,000.00 $ 15,000.00 $ 15,000.00 TVCCA Home Again $ 20,000.00 $ 20,000.00 $ 20,000.00 OIC of NL County $ 25,000.00 $ - $ - NPD Community Policing $ 316,461.00 $ - $ - Total Public Services $ 451,461.00 $ 100,000.00 $ 100,000.00 Non-Public Services NHA Rosewood Manor Phase III $ 100,000.00 $ 100,000.00 $ 100,000.00 Norwich Rec. Taftville Basketball Courts $ 96,000.00 $ 90,000.00 $ 45,000.00 Norwich CD Demolition $ 100,000.00 $ - $ - Norwich CD Property Rehabilitation $ 200,000.00 $ 200,000.00 $ 200,000.00 DPW Taftville Park Gazebo $ 41,800.00 $ 40,000.00 $ 40,000.00 DPW Greeneville Playground $ 135,057.00 $ 76,400.00 $ 121,400.00 DPW ADA Ramps $ 82,300.00 $ 71,176.75 $ 71,176.75 Total Non-Public Services $ 755,157.00 $ 577,576.75 $ 577,576.75 Public Service $ 451,461.00 $ 100,000.00 $ 100,000.00 Non-Public Service $ 755,157.00 $ 577,576.75 $ 577,576.75 CD Administration / ROL $ 178,570.00 $ 178,570.00 $ 178,570.00 Total All Requests $ 1,385,188.00 $ 856,146.75 $ 856,146.75 On a vote of 4-3 with Ald. Delucia, Browning and Burnham voting in opposition the above amended resolution passes. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom. WHEREAS, the property owners listed below want to participate in a cost sharing program with the City of Norwich to construct concrete sidewalks along their property; and 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: granite curbing and concrete sidewalks will be constructed at the following locations where the property owners will pay for an assessment for the cost of the sidewalks and the City of Norwich will pay for the cost of the curbing and miscellaneous items. Name Location Cost Steven R. Smigiel 131 Broadway $ 2,560.00 Dora Green & John Singleton 18 Clairmont Ave. $ 2,475.00 Andrea J Cleary 95 McKinley Ave. $ 4,725.00 Stephen T. Zapolsky 89 Lafayette St. $ 1,775.00 Gilbert E. & Anna M. Hurlock 123 Oakridge St. $ 3,815.00 James Ireland Equity Co. Inc. 167 Broadway $ 7,005.00 Mateen Hanania 680 Boswell Ave. $ 7,305.00 Marilyn L. Coleman 3-5 Chelsea Parade South $ 7,950.00 Warren A. & Carmina G. Gohacki 135-137 Rockwell St. $ 3,920.00 BE IT FURTHER RESOLVED that the cost of this project be funded from the Sidewalk Assessment Fund in account 28584305-57413. The estimated city’s cost for curbing and miscellaneous construction items are estimated to be $22,110.00. Upon a motion of Ald. Gould, seconded by Ald. Browning, it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Philbrick and DeLucia. BE IT RESOLVED that the below named be reappointed as a regular member to the Commission on the City Plan with a term to expire on February 28, 2020 or until a successor is appointed: P. Michael Lahan (D) Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by City Manager Salomone. WHEREAS, the City Manager John L. Salomone, with Council approval shall reappoint as an alternate member of the Inland Wetlands, Water Courses and Conservation Commission for a term to expire on February 28, 2020 or until a successor is appointed: P. Michael Lahan (D) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby acknowledges the reappointment of the above named to the Inland Wetlands, Water Courses and Conservation Commission. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Philbrick and DeLucia. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the following be, and hereby are reappointed as regular members to the Commission for Persons with Disabilities with a term to expire on March 16, 2021 or until a successor is appointed: Kevin Saythany (D) Elanah Sherman (U) Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Philbrick and DeLucia. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the following be, and hereby are reappointed as regular members to the Personnel & Pension Board with a term to expire on March 1, 2021 or until a successor is appointed: Paul Schroder (R) John A. John (R) Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Nash and Ald. Gould. WHEREAS, the Norwich Noontime Rotary intends to hold its 7th “Celebrate Diversity Event” at the Howard T. Brown Park on Monday, September 16th (rain date Monday, September 23rd from 5:00 pm to 8:00 pm.; and WHEREAS, Norwich Noontime Rotary intends to serve alcoholic beverages at this event; and NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that the Norwich Noontime Rotary be permitted to use the Howard Brown Park to hold an event as described the night of the Monday, September 16th (rain date Monday, September 23rd) from 5:00 pm to 8:00 pm.; and BE IT FURTHER RESOLVED, by the Council of the City of Norwich, Connecticut that, pursuant to Section 13.14.2 of the Norwich Code of Ordinances, City Manager John L. Salomone be and hereby is authorized to grant the Norwich Noontime Rotary permission to sell beer, wine or alcoholic beverages at this event, permission to use the premises as described herein and to sell beer, wine and alcoholic beverages being subject to satisfactory proof that the Norwich Noontime Rotary has complied with the applicable regulations of the State Liquor Commission; that identification will be mandatory from each person purchasing an alcoholic beverage at the event; that the sales of beer, wine and alcoholic beverage be made under a proper liquor license; and that insurance satisfactory to the City Manager be obtained and maintained by the Norwich Noontime Rotary both as to the sale of beer, wine and/or alcoholic beverages at the event. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to refer the following to the Commission on the City Plan and the Harbor Commission and set a public hearing on August 5, 2019 introduced by Mayor Nystrom and President Pro Tem Nash and Ald. Gould. WHEREAS, the City of Norwich owns the property identified as 18 Falls Avenue (map 101/block 4/lot 63) which property is located along the west channel of the Yantic River and adjacent to the Intermodal Transportation Center; and WHEREAS, this property is used in connection with the Intermodal Transportation Center to provide one handicapped parking space and two shoreline access parking spaces for a public access walkway running along the bank on the west channel of the Yantic River; and WHEREAS, the property at 18 Falls Avenue including the parking area for shoreline public access and the Transfer Station Bridge used to provide access to the upper floors of the Intermodal Transportation Center use the same roadway off Falls Avenue for entering and exiting; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to sell 18 Falls Avenue, subject to its present public access parking and continuing use for public shoreline access, by a competitive bid process to be conducted by the city purchasing agent pursuant to sections 7-39 to 7-53 of the Norwich Code of Ordinances; and WHEREAS, the Council finds that the fair market value of the property and current and continuing use for public access are such as to require compliance with the provision of Connecticut General Statute § 7-163e as to notice by publication and the posting of a sign on the property concerning the conduct of a public hearing on the sale. NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF NORWICH, CONNECTICUT that City Manager John Salomone be and hereby is authorized and directed to arrange, through the purchasing agent, City Clerk, and Public Works Department, and such individual(s) or department(s) as he may utilize to arrange to sell the property at 18 Falls Avenue, subject to the public access and parking conditions referenced in this resolution, to the highest responsible bidder by a competitive bid process. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to waive the full reading of the text, to refer to the Commission on the City Plan and set a public hearing on August 5, 2019 for the second reading and action on the following ordinance introduced by Mayor Nystrom and President Pro Tem Nash. Council Ordinance AN ORDINANCE APPROPRIATING $5,000,000 FOR THE CITY OF NORWICH INFRASTRUCTURE IMPROVEMENT PROGRAM (2019) 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: 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 Section 1. The sum of $5,000,000 is appropriated for the planning, acquisition and construction of the City of Norwich Infrastructure Improvement Program (2019) (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 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 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 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 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. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH JULY 1, 2019 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 motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adjourn at 8:25 pm. City Clerk 9