City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 The regular meeting of the Council of the City of Norwich was held August 5, 2019, at 7:30 PM in Council Chambers. Present: Mayor Nystrom, Ald. Nash, Gould, DeLucia, Browning and Burnham. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Ald. Philbrick was absent. Mayor Nystrom presided. Ald. Gould read the opening prayer and Ald. DeLucia led the members in the Pledge of Allegiance. Mayor Nystrom asked for a moment of silence for the victims’ family members in the recent shootings. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adopt the minutes of July 1 and 15, 2019. Mayor Nystrom called for a Public Hearing on 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 Referral from the Commission on the City Plan: CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 Telephone: (860) 823-3739, Fax: (860) 823-3741 Deanna Rhodes, AICP, CZEO Director of Planning & Neighborhood Services July 17, 2019 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH City Council Referral- 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 The Commission on the City Plan, at its July 16, 2019 regular meeting reviewed the above referenced referral. Seated were Vice Chairman Frank Manfredi, Michael Lahan, Les King and Kathy Warzecha. After careful consideration, the Commission voted unanimously to forward a FAVORABLE recommendation to the Council, pursuant to Chapter XV, Section 4 of the City Charter. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 Reason: It is consistent with the Plan of Conservation and Development to provide for adequate infrastructure to meet the community needs and support desired growth patterns. CC: City Clerk, City Manager Speaking in favor: Patrick McLaughlin, Director of Public Works, presented a power point presentation showing the reconstruction of the city’s roads and bridges. Christine Kaiser, 89 St Regis Ave, spoke in favor of the bond and would like to have it include St Regis Ave. up to Boswell Ave. She submitted several handouts. Ewelina Dekiert, 98 St Regis Ave, spoke in favor of the ordinance and has watched her neighbors struggle with water issues and felt the culverts should be fixed in this area. Marvin Serruto, 100 Starr St, spoke in favor of the bond and is glad the Sherman Street Bridge will get the repairs needed. Brian Kobylarz, 16 Hobart Ave, generally in favor of the bond and talked about transparency and would like to see it in the capital budget. The also talked about the Budget and Finance Committee. Speaking in opposition: Rodney Bowie, 62 Roosevelt Ave, state the Council should not keep adding to the checkbook. David Crabb, 47 Prospect St, sited items in the Charter and feels the ordinance is vague. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for a Public Hearing on the disposition of property at 18 Falls Ave. Referral from the Commission on the City Plan: 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 CITY OF NORWICH Commission on the City Plan 23 Union Street, Norwich, CT 06360 Telephone: (860) 823-3739, Fax: (860) 823-3741 Deanna Rhodes, AICP, CZEO Director of Planning & Neighborhood Services July 17, 2019 TO: THE HONORABLE MAYOR AND ALDERPERSONS OF THE COUNCIL OF THE CITY OF NORWICH City Council Referral- NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Norwich, Connecticut that City Manager John Salomone be an hereby is authorized and directed to arrange, through the purchasing agent, city clerk, and public works department, as such the 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. The Commission on the City Plan, at its July 16th, 2019 regular meeting reviewed the above- referenced referral. Seated were Vice Chairman Frank Manfredi, Michael Lahan, Les King and Kathy Warzecha. After careful consideration, the Commission voted unanimously to forward a FAVORABLE recommendation to the Council, pursuant to Chapter XV, Section 4 of the City Charter. Reason: It is consistent with the Plan of Conservation and Development to provide for economic development strategies and growth. CC: City Clerk, City Manager 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 Referral from the Harbor Commission. CITY OF NORWICH Harbor Management Commission 100 Broadway, Norwich, CT 06360 H. Tucker Braddock, Chairman July 24, 2019 Subject: Proposed sale of city-owned property at 18 Falls Avenue Dear Mayor Nystrom and President Pro-tem Nash: The Norwich Harbor Management Commission (NHMC) has considered the proposed resolution by the City Council concerning sale of the city-owned property identified as 18 Falls Avenue, Norwich, CT (map 101/block 4/lot 63) located next to the Norwich Transportation Center. Insofar as the proposed sale and future re-use of this property may affect the real property on, in or contiguous to the Norwich Harbor Management Area, these actions are subject to review by the NHMC for consistency with the policies of the Norwich Harbor Management Plan. The NHMC discussed this matter during its meeting on July 23, 2019 and after significant d iscussion approved a motion to provide a favorable recommendation for sale of the property with the understanding that the anticipated future use of the property will be in support of a water-dependent use of the Harbor Management Area. Please be aware that it is a policy of the Harbor Management Plan to encourage and support the continued operation and enhancement, where feasible, of water-dependent land-uses on the Norwich waterfront. In addition, the Plan calls for pursuit of opportunities for economic growth and development associated with the Harbor Management Area and supports beneficial use and redevelopment of underutilized waterfront properties. If you have any questions, please contact me at 860-912-1336 or via email at htuckerbraddock@gmail.com. Sincerely, H. Tucker Braddock Harbor Management Chair Speaking in favor: Brian Kobylarz, 16 Hobart Ave, supports with comments he would like to see added; attached Proposal for Use and time frame clause to rehab the property. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 Speaking in opposition: David Crabb, 47 Prospect St, talked about the location being near the Intermodal Transportation Center. There being no further speakers Mayor Nystrom declared the public hearing closed. Mayor Nystrom called for the second reading and action on 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 Upon a motion President Pro Tem Nash, seconded Ald. Gould, it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this ordinance being given it second reading. Upon a motion President Pro Tem Nash, seconded by Ald. Gould, to adopt the following ordinance introduced by Mayor Nystrom and President Pro Tem Nash. 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: 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 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 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. 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 & 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 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. 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 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 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. On a roll call vote of 6-0 the above ordinance passes. 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 President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to accept the above referral from the Commission on the City Plan regarding the $5,000,000 bond ordinance. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to accept the above referral from the Commission on the City Plan regarding 18 Falls Avenue resolution. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to accept the above referral from the Harbor Commission regarding 18 Falls Avenue resolution. City Manager Salomone report: To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: August 5, 2019 I attended the Mayor’s Economic Meeting, the monthly Southeastern CT Council of Governments (SCCOG) and South Eastern Area Transit (SEAT) meetings. Staff and I met with consultants for the CT Department of Transportation who are working with SCCOG for a Regional Strategic Safety Plan. Each municipality will have a section within the report which will focus on Crash Data and Statistics from the UCONN Crash Repository, highlighting intersections and corridors in the city where there are safety concerns. This report will help to prioritize projects and seek funding. There will be about 50 locations selected in the final plan, with recommendations for improvements to serve as a companion to the SCCOG Metropolitan Transportation Plan. Norwich was the first meeting in the region and the report will take approximately a year to produce. Swearing-in Ceremonies were held for Lieutenant Christopher Callaway, Sergeant Ryan Kelsey, and Sergeant Kyle Besse. Congratulations to all of them and continued success with the Norwich Police Force. I also received notice from the U.S. Department of Justice for Norwich Police assistance in the indictment of a Norwich man on firearm and drug offenses. Congratulations to Comptroller, Josh Pothier and staff. The City of Norwich has been awarded the Certificate of Achievement for Excellence in Financial Reporting by Government Finance Officers Association of the United States and Canada for its comprehensive annual financial report (CAFR). Property Revaluation Information Sessions will be held on Thursday, August 8th at 7:30 am - 9:00 am and at 6:00 pm -7:30 pm in Room 335 at City Hall. The sessions are free and open to the public and I invite you to attend 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 and learn how the Revaluation process works. City Assessor, Donna Ralston and Assessment Analyst William Lee will explain and clarify the revaluation process. Thank you to the Norwich Summer Jam Youth Group that removed trash from the Norwich Heritage Walkway as part of their community give back program. The event was organized by Bully Busters and Norwich Youth and Family Services. The City’s Lock Box tax payments for the month of July were 4,334 payments totaling $7,144,779.34. Payments at Norwich People’s Bank branches during July increased 67.6% from 2018 with 1,517 payments totaling $1,777,320.13 of tax revenue. My assistant, Jacquie Barbarossa created an Event Planning Guide with the steps that need to be taken to assist individuals when planning an event in the City. The one page guide is now on the City Manager and Public Works pages on the City’s website. Attached is a copy for your review. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to suspend the rules. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to add the following Resolution #10 introduced by Mayor Nystrom, President Pro Tem Nash, Ald. Gould and Ald. DeLucia and substitute Resolution #2 introduced by President Pro Tem Nash, and Ald. Gould. New Resolution #10 WHEREAS, the Mashantucket Pequot and Mohegan Tribes have been long standing, trusted, and good partners to the State of Connecticut contributing at least $8 billion dollars in state revenue since inception of their respective business operations much of which has gone to directly support cities and towns through municipal grants; and WHEREAS, the Tribes and their gaming enterprises rank among the top ten employers in the state of Connecticut supporting 18,000 jobs (this incorporates gaming, partners, and tribal) and more than $750 million in payroll and benefits annually; and WHEREAS, Foxwoods and Mohegan Sun are major economic drivers of tourism in the region and the standard bearers for gaming on the East coast; and WHEREAS, Connecticut’s gaming market has been directly targeted by out-of-state Casino magnates and neighboring states who want to pilfer Connecticut jobs and revenue; and WHEREAS, Connecticut has already acted to protect its economic interests by authorizing development of the MMCT Joint Venture Tribal Winds Casino in East Windsor; and WHEREAS, Foxwoods and Mohegan Sun are verified and trusted brands both nationally and internationally; and WHEREAS, we recognize that the Tribes’ success directly correlates with Connecticut’s success given the lucrative revenue sharing compacts in place; and WHEREAS, we respect and honor the decades-old compact agreements signed between the State of Connecticut and the sovereign Tribal Nations of Mashantucket Pequot and Mohegan, 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 Then be it hereby resolved that the Council of the City of Norwich on behalf of the City of Norwich calls on the Connecticut General Assembly and Governor to adopt in special session the “Connecticut Jobs and Revenue Act” providing modernization of the state’s gaming laws and protection of our state’s economic interests. Substitute Resolution #2 WHEREAS, the Council of the City of Norwich, by a resolution adopted January 7, 2019, authorized City Manager John Salomone to enter into an individual Real Estate Listing Agreement with Allyn and Associates Realtors offering to sell the property at 29 Boswell Avenue at a price to be recommended by Allyn and Associates Realtors; and WHEREAS, the Council further resolved that upon receipt of a Purchase and Sales Agreement containing an offer to purchase at a price recommended by Allyn and Associates Realtors and containing such terms and conditions as were satisfactory to the City Manager, he was to notify the Council of the proposed Purchase and Sales Agreement for its consideration and possible approval; and WHEREAS, Allyn and Associates Realtors has received offers to purchase the property, the highest offer being the sum of $33,000, the property to be conveyed in “as is” condition. 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 a Purchase and Sales Agreement on behalf of the City of Norwich to sell said property at a price of $33,000 to Sonny F. Pezzello pursuant to the terms of said Purchase and Sales Agreement and, upon timely tender of the purchase price subject to standard adjustments, to execute and deliver a deed of conveyance to Sonny F. Pezzello or his designee for the property known as 29 Boswell Avenue, and to execute, deliver, and receive such other documents as are necessary to complete the transfer of title in keeping with the terms and conditions of the Purchase and Sales Agreement. Upon a motion of Ald. DeLucia, seconded by President Pro Tem Nash, it was unanimously voted to take a recess the Council was in recess from 8:20 pm until 8:40 pm. Mayor Nystrom called for citizen comment. David Crabb, 47 Prospect St, stated that Resolutions 5 and 6 were premature. Shiela Hayes, 382 Laurel Hill Ave, spoke in favor of Resolution #3 and supports protecting our jobs in Resolution #10. Mayor Nystrom declared citizen comment closed. 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 and President Pro Tem Nash. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 WHEREAS, the City of Norwich has an abundance of aging housing stock where lead-based paint continues to be a hazard, especially for children residing in such housing, and WHEREAS, children, particularly those under the age of six, can have multiple health risks and permanent damage from elevated blood lead levels, and WHEREAS, Uncas Health District, the Norwich Property Rehab Program and official data compiled by government agencies confirm that there are children in Norwich that are diagnosed with elevated blood lead levels, and WHEREAS, the Norwich Office of Community Development is writing a grant to be filed with the Department of Housing and Urban Development (HUD) not to exceed $4 million from the Lead-Based Paint Hazard Control Grant Program in order to reduce the occurrence of elevated blood lead levels, and NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the City Manager is authorized to apply for a grant from the Department of Housing and Urban Development’s Lead-Based Paint hazard Control Grant program in an amount not to exceed $4 million. Upon a motion of President Pro Tem Nash, seconded by Ald. Gould, it was unanimously voted to adopt the following resolution introduced by President Pro Tem Nash and Gould. WHEREAS, the Council of the City of Norwich, by a resolution adopted January 7, 2019, authorized City Manager John Salomone to enter into an individual Real Estate Listing Agreement with Allyn and Associates Realtors offering to sell the property at 29 Boswell Avenue at a price to be recommended by Allyn and Associates Realtors; and WHEREAS, the Council further resolved that upon receipt of a Purchase and Sales Agreement containing an offer to purchase at a price recommended by Allyn and Associates Realtors and containing such terms and conditions as were satisfactory to the City Manager, he was to notify the Council of the proposed Purchase and Sales Agreement for its consideration and possible approval; and WHEREAS, Allyn and Associates Realtors has received offers to purchase the property, the highest offer being the sum of $33,000, the property to be conveyed in “as is” condition. 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 a Purchase and Sales Agreement on behalf of the City of Norwich to sell said property at a price of $33,000 to Sonny F. Pezzello pursuant to the terms of said Purchase and Sales Agreement and, upon timely tender of the purchase price subject to standard adjustments, to execute and deliver a deed of conveyance to Sonny F. Pezzello or his designee for the property known as 29 Boswell Avenue, and to execute, deliver, and receive such other documents as are necessary to complete the transfer of title in keeping with the terms and conditions of the Purchase and Sales Agreement. Upon a motion of Ald. Gould, seconded by Ald. Browning, it was unanimously voted to adopt the following resolution introduced by Ald. Gould. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 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 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 Owner Cost Gretchen Philbrick 27 Sturtevant Avenue $4515.00 Broadway Soulor LLC 143-145 Rockwell St. $6640.00 Burnham Sq. Development LLC 19 North Cliff St. $1816.00 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Capital Improvement Fund #3602 and the Sidewalk Fund, #2858, and that a public hearing be set at the second meeting of the City Council in August 2019. The estimated city’s cost for curbing and miscellaneous construction items is $6,775.00. 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 and President Pro Tem Nash. BE IT RESOLVED that the below named be appointed as regular members of the Southeastern CT Regional Resource Recovery Authority with a term to expire on December 31, 2020 or until a successor is appointed: Patrick McLaughlin Brian Long (Alternate) Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to put the following resolution introduced by Mayor Nystrom, President Pro Tem Nash and Ald. Gould on the floor. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to amend the following resolution to add “To include a survey to be conducted prior to the sale to identify the land involved for the entrance and exit to the Intermodal Transportation Center that will be excluded from the sale and further more to expend no more than $5,000 to conduct the survey” in paragraph #6. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 Upon a motion of Ald. DeLucia, seconded by President Pro Tem Nash, it was unanimously voted to postpone the following amended resolution until August 19, 2019. 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 include a survey to be conducted prior to the sale to identify the land involved for the entrance and exit to the Intermodal Transportation Center that will be excluded from the sale and further more to expend no more than $5,000 to conduct the survey, 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 adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Nash and Ald. Gould. WHEREAS, These Guys Brewing Company LLC has requested permission to conduct events on September 14, 2019, Halfway to Mardi Gras Creole Fest, and October 12, 2019, Machtoberfest Pig Roast, both of which will involve the serving and consumption of alcoholic beverages on city property at a parking lot located on 82-84 Franklin Street immediately outside These Guys Brew Pub; and WHEREAS, the events will commence at 10:00 a.m. and last until 11:00 p.m. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that, as required pursuant to section 13.14.2 of the Norwich Code of Ordinances, City Manager John Salomone be and hereby is authorized and directed to grant Raymond J. Albert, Jr., Permittee and the These Guys Brewing Company LLC permission to use a portion of the abutting municipal parking lot at 82-84 Franklin Street for these purposes, subject to their maintaining appropriate insurance coverage, adequate supervision, and their agreement to restore the premises to pre-event condition should a tent or other temporary structure be erected. Upon a motion of Ald. Gould, seconded by Ald. Delucia, it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Philbrick and DeLucia. BE IT RESOLVED that the below named be appointed as a regular member of the Commission for Persons with Disabilities with a term to expire on March 16, 2021 or until a successor is appointed: Amy Dudek (IT) Upon a motion of Ald. Gould, seconded by Ald. Delucia, it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Philbrick and DeLucia BE IT RESOLVED that the following be reappointed as an alternate member to the Personnel and Pension Board for a term to expire on March 01, 2021 or until a successor is appointed; Richard Morelli (U) Upon a motion of Ald. Gould, seconded by Ald. Delucia, it was unanimously voted to adopt the following resolution introduced by Ald. Gould, Philbrick and DeLucia BE IT RESOLVED that the below named be appointed as an alternate member of the Commission on the City Plan with a term to expire on February 28, 2021 or until a successor is appointed: Jason Courter (R) Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to put the following resolution introduced by Mayor Nystrom, President Pro Tem Nash and Ald. Gould on the floor. Upon a motion of Ald. Browning, seconded by Ald. Burnham, it was unanimously voted to amend the following resolution to remove in paragraph #4 “pilfer” and use the word “take”. WHEREAS, the Mashantucket Pequot and Mohegan Tribes have been long standing, trusted, and good partners to the State of Connecticut contributing at least $8 billion dollars in state revenue since inception of their respective business operations much of which has gone to directly support cities and towns through municipal grants; and WHEREAS, the Tribes and their gaming enterprises rank among the top ten employers in the State of Connecticut supporting 18,000 jobs (this incorporates gaming, partners, and tribal) and more than $750 million in payroll and benefits annually; and 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 WHEREAS, Foxwoods and Mohegan Sun are major economic drivers of tourism in the region and the standard bearers for gaming on the East coast; and WHEREAS, Connecticut’s gaming market has been directly targeted by out-of-state Casino magnates and neighboring states who want to take Connecticut jobs and revenue; and WHEREAS, Connecticut has already acted to protect its economic interests by authorizing development of the MMCT Joint Venture Tribal Winds Casino in East Windsor; and WHEREAS, Foxwoods and Mohegan Sun are verified and trusted brands both nationally and internationally; and WHEREAS, we recognize that the Tribes’ success directly correlates with Connecticut’s success given the lucrative revenue sharing compacts in place; and WHEREAS, we respect and honor the decades-old compact agreements signed between the State of Connecticut and the sovereign Tribal Nations of Mashantucket Pequot and Mohegan, THEN BE IT HEREBY RESOLVED THAT THE COUNCIL OF THE CITY OF NORWICH, on behalf of the City of Norwich calls on the Connecticut General Assembly and Governor to adopt in special session the “Connecticut Jobs and Revenue Act” providing modernization of the state’s gaming laws and protection of our state’s economic interests. The above amended resolution passes 6-0. Upon a motion of Ald. Browning, seconded by Ald. Gould, it was unanimously voted to waive the reading of the full text, set a public hearing on August 19, 2019 for second reading and action on the following ordinance introduced by Mayor Nystrom and President Pro Tem Nash and Ald. Browning. AN ORDINANCE AMENDING SECTION 14-2(e) OF THE NORWICH CODE OF ORDINANCES WITH RESPECT TO THE SELLING OF FOOD OR DRINK IN MOHEGAN PARK NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 14-2(e) of the Norwich Code of Ordinances be repealed in its entirety and that a new section 14-2(e) as set forth herein be adopted: Section 14-2. Property (e) The selling of food or drink in Mohegan Park, with the exception of the Reynolds Road- Mahan Drive recreation area, is limited to the concession building. No other vendor is allowed to sell food and drink in the park during the period the concession is in operation, unless permitted in writing by the director of public works. The selling of food or non-alcoholic beverages in Mohegan Park shall be permitted at such times and locations as are authorized by permit or other written authorization issued by the Director of Public Works or his designee. Any such permit or other written authorization shall specify the location or locations at which such vending is permitted and may limit the scope and time when such vending is permitted. 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 1) The Director of Public Works shall establish regulations which shall identify the location or locations in Mohegan Park where the vending of food or non-alcoholic beverages is permitted and shall establish limits as to the dates and hours of operation when such vending is permitted. Such regulations may also establish limits as to the number of vendors permitted in the park as well as the number permitted to vend at any location or locations identified for the purpose. Such regulations may also establish rules for any festivals and events with multiple vendors selling food and non-alcoholic beverages. 2) The Director of Public Works may establish a schedule of permit fees applicable to vendors selling food and non-alcoholic beverages in Mohegan Park, which fees shall take into account the operating expenses and other costs to the City, and may differ as a result of the location at which vending is to take place, and the duration of the vending activity. All sums received from the collection of such permitting fees shall be used to defray the operating expenses and costs to the City arising from the sale of food and non-alcoholic beverages in Mohegan Park. 3) The Council shall by resolution approve the permit fees proposed by the Director of Public Works and may by resolution increase or decrease permit fees to reflect any increase or decrease in the operating expenses and other costs to the City associated with the vending of food and non-alcoholic beverages in Mohegan Park. 4) Unless exempted under the statutes of the State of Connecticut, no person shall vend in Mohegan Park without holding a proper license or licenses as may be required for the vending of food or non-alcoholic beverages as determined by the Uncas Health District and the Chief of Police. 5) Vending may be conducted from a properly equipped and licensed motor vehicle or a wheeled vehicle or device, other than a motor vehicle, which may be moved with or without a motor and which does not require registration by the Department of Motor Vehicles. 6) Before any permit, as provided in this section, shall be issued, such vendor who utilizes a motor vehicle shall file with the Director of Public Works a certificate of insurance that also names the City of Norwich as an additional insured party. This insurance coverage shall contain the specific policies, and be in the amounts required by the City, to protect both the vendor and the City. The Director of Public Works will provide these requirements to each vendor requesting a permit. 7) All vendors shall, prior to the issuance of a permit, submit an executed agreement to indemnify and hold harmless the City of Norwich and its employees, officers and officials both elected and appointed, and/or agents from any and all claims, actions, injuries, or damages of every kind and description which may accrue to or be suffered by any person by reason of or related to the vending of food and non-alcoholic beverages by the vendor in Mohegan Park. 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 5, 2019 Upon a motion by Ald. Gould, second by President Pro Tem Nash, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1-200(6) and 1- 200(9) for the purpose of discussing strategy and negotiations with respect to pending claims and litigation. City Manager John Salomone and Corporation Counsel Michael E. Driscoll shall be asked to attend during all or portions of this Executive Session at the request of the City Council. The Council was in Executive Session from 9:00 pm to 9:23 pm, at which time Mayor Nystrom, stated no votes were taken. Upon a motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to return to regular session. Upon motion of Ald. Gould, seconded by President Pro Tem Nash, it was unanimously voted to adjourn at 9:24 pm. City Clerk 17