Muyni
← Back to Norwich

City Council

Regular Meeting

Norwich, CT · October 18, 2021

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 The regular meeting of the Council of the City of Norwich was held October 18, 2021 at 7:30 PM in Council Chambers. Present: Mayor Nystrom, President Pro Tem Bettencourt, Ald. Nash, Gould, Wilson, Myles and DeLucia. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Wilson read the opening prayer and President Pro Tem Bettencourt led the members in the Pledge of Allegiance. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Mayor Nystrom called for citizen comment. Marvin Serruto, 100 Starr St, stated he believed Christopher Columbus was the greatest sailor and Catholic that ever lived. He felt Norwich and surrounding towns disgraced his heritage of being Italian and Sicilian. He stated we became American’s when we came to his country. Brian Parent, 262 Broadway, talked about the noise at 270 Broadway and asked the council to enforce a noise ordinance. Beryl Fishbone, 19 Bliss Pl, stated she is still waiting for action on the water issue. She thanked the Council for their time and effort. Joanne Philbrick, 10 Elm Ave, stated this is National Disability Employment month. She talked about the mask mandate not being enforced and stated the state of the City is failing. Rodney Bowie, 62 Roosevelt Ave, spoke on the removal of the Columbus statute and asked that it be put back, it is part of our heritage. He stated his neighbor is harassing him. Derrick Smith, President of Norwich Football, spoke in favor of putting the lighting at Jennings Field. Shiela Hayes, 382 Laurel Hill Ave, stated that the police couldn’t arrest people for harassment without a warrant. She wishes the Police and Fire Department get compensated for the time missed because of Covid. Swarnjit Singh, 56 Briar Hill Rd, talked about people driving too fast in residential areas, stolen cars, robberies and that more cameras are needed. He stated we should build a stronger community free of bigotry. Mayor Nystrom declared citizen comment closed. Mayor Nystrom call for a public hearing on AN ORDINANCE APPROPRIATING $2,750,000 FOR THE UPDATED DESIGN OF VARIOUS IMPROVEMENTS AND EXPANSION OF THE WASTEWATER TREATMENT FACILITY, AUTHORIZING THE ISSUANCE OF $2,750,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY SEWER REVENUES TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND THE SEWER AUTHORITY TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A GENERAL RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO City Clerk read the following Petitions and Communications: 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 Speaking in favor: Joanne Philbrick, 10 Elm Ave, asked for an explanation on how everyone’s sewer rates will be effected. Robert Bell, 122 Broadway, spoke in support of this Ordinance. Speaking in opposition: 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 There were no speakers. There being no further speakers Mayor Nystrom declared the public hearing closed. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to waive the reading of the full text and incorporate it into the minutes this ordinance being given its second reading. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to put the following ordinance introduced by Ald. Gould on the floor. AN ORDINANCE APPROPRIATING $2,750,000 FOR THE UPDATED DESIGN OF VARIOUS IMPROVEMENTS AND EXPANSION OF THE WASTEWATER TREATMENT FACILITY, AUTHORIZING THE ISSUANCE OF $2,750,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY SEWER REVENUES TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND THE SEWER AUTHORITY TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A GENERAL RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $2,750,000 is appropriated for the updated design of various improvements and expansion to the Norwich Department of Public Utilities’ (the “Department”) wastewater treatment facility (the “Facility”), including, but not limited to, (a) the development of a basis of design report and design scope for various improvements and upgrades to various buildings, facilities and equipment relating to the Facility, and (b) miscellaneous design and bidding services relating to the Facility, and such additional work as may be accomplished within said appropriation (the “Project”) as shall be determined by the Sewer Authority of the City of Norwich (the “Sewer Authority”) Said appropriation shall be inclusive of local, state and federal grants in aid thereof. The Sewer Authority is authorized to enter into contracts, expend the appropriation and implement the Project herein authorized. Section 2. The estimated useful life of the Project is not less than twenty years and Project costs are estimated not to exceed $2,750,000. Of the total estimated Project costs, approximately $550,000 is anticipated to be grant funded by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), and approximately $2,200,000 is anticipated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program, through subsidized interest loans. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation: (i) bonds of the City or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the twentieth year after their date (or such longer term as may be authorized). Said bonds may be issued in one or more series as determined by the City Manager and the Comptroller ‐ acting on behalf of the City herein ‐ and the General Manager of the Department, or any other authorized designee of the Sewer Authority ‐ acting on behalf of the Department and the Sewer Authority herein ‐ (collectively, the “Issuer Officials”) and the amount of bonds of each series to be issued shall be fixed by a majority of the Issuer Officials in the amount necessary to meet the Issuer’s share of the cost of the Project determined after considering the estimated amount of the State and Federal grants‐in‐aid of the Project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, or, be combined with other bonds of the Issuer and such combined issue shall be in the denomination per aggregate maturity of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of a majority of the Issuer Officials, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by a majority of the Issuer Officials, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by a majority of the Issuer Officials and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by a majority of the Issuer Officials. The issuance of such bonds in one or more series, the aggregate principal amount of bonds to be issued, the annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds shall be determined by a majority of the Issuer Officials, in accordance with the General Resolution. In the case of Parity Indebtedness as defined in the General Resolution between the City of Norwich and the Sewer Authority (as hereinafter defined as the “General Resolution”), a majority of the Issuer Officials, shall also determine the revenues and property to be pledged for payment of such Parity Indebtedness; or (ii) temporary notes of the City may be issued in one or more series pursuant to Sections 7‐264 and 7‐264a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by a majority of the Issuer Officials, and they are hereby authorized to determine the date, maturity, interest rate, form and other details and particulars of such notes, and to sell, execute and deliver the same; or (iii) sewer assessment notes of the City may be issued in one or more series pursuant to Section 7‐269a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by a majority of the Issuer Officials, and they are hereby authorized to determine the date, maturity, interest rate, form and other details and particulars of such notes, and to sell, execute and deliver the same; or (iv) interim funding obligations and project loan obligations or any other obligations of the City (hereinafter “Clean Water Fund Obligations”) evidencing an obligation to repay any portion of the costs of the Project determined by the State of Connecticut Department of Energy and Environmental Protection, Public Health or other department as applicable to be eligible for funding under Section 22a‐475 et seq. of the Connecticut General Statutes, as the same may be amended from time to time (the “Clean Water Fund Program”). The General Manager of the Department, or any other authorized designee of the Sewer Authority, is authorized in the name and on behalf of the City and the Sewer Authority to apply for and accept any and all Federal and State loans and/or grants‐in‐aid of the Project and is further authorized to expend said funds in accordance with the terms hereof and in connection therewith to contract in the name of the Department with engineers, contractors and others. The City may issue Clean Water Fund Obligations in one or more series and in such denominations as a majority of the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $2,750,000. A majority of the Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding obligations and project loan obligations, subject to the provisions of the Clean Water Fund Program, and to execute and deliver the same. Clean Water Fund Obligations shall be secured solely from a pledge of sewer system revenues; or 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 (v) any combination of bonds, temporary notes, notes, or obligations as set forth in the preceding subsections may be issued, provided that the total, aggregate principal amount thereof outstanding, and including the amount of grant funding obtained pursuant to any Project Grant and Project Loan Agreement or other sources, at any time shall not exceed $2,750,000. Section 4. (i) Bonds, temporary notes, sewer assessment notes, Clean Water Fund Obligations and federal obligations all as set forth in section 3 are hereafter referred to as “Bonds”. The Bonds shall be sewer revenue bonds of the City, the payment of principal and interest on which shall be secured solely by revenues derived from the operation of the sewerage system, including use charges, connection charges, benefit assessments or any combination thereof, investment income derived there from, or other property of the sewerage system or revenue derived from the operation of the sewerage system in accordance with the General Resolution. Each of the Bonds shall recite to the effect that every requirement of law relating to its issue has been duly complied with, that such Bond is within every debt and other limit prescribed by law, that such Bond does not constitute a general obligation of the City for which its full faith and credit is pledged, and that such Bond is payable solely from revenues, assessments, charges or property of the sewerage system specifically pledged therefore. (ii) The bonds authorized to be issued by section 3 shall be, issued and secured pursuant to the General Resolution of the City and the Sewer Authority, Sewer System General Revenue Bond Resolution approved by the City Council on November 21, 1994 and by the Sewer Authority on November 22, 1994, as amended, and as supplemented by various supplemental Resolutions adopted pursuant to the General Resolution, and which is hereby ratified, confirmed and approved in its entirety, including without limitation, the rate and revenue covenants therein. The Sewer Authority irrevocably agrees to comply with the provisions of the General Resolution, including Supplemental Resolutions, including but not limited to: to set, establish and collect and maintain rates and revenue as necessary to continually comply with the terms, conditions and covenants of the General Resolution. The City irrevocably agrees to comply with the provisions of the General Resolution. In order to implement the provisions of the General Resolution the City and the Sewer Authority may enter into an indenture of trust with a bank and trust company which indenture may contain provisions customarily included in revenue bond financings, including provisions of a similar nature to those in the General Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability. A majority of the Issuer Officials are hereby authorized to execute and deliver on behalf of the City and the Sewer Authority an indenture in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. (iii) A majority of the Issuer Officials on behalf of the City and the Sewer Authority are authorized to agree to additional terms and to delete or change existing terms and otherwise amend the form of General Resolution in order to obtain local, State or federal funding, provide better security for the bonds, correct any matter, cure any ambiguity or defect or otherwise benefit the Issuer in their judgment. Such additional or different terms may include restrictions on the use of sewer funds or fund balance or sewer operations, coverage ratios, additional or changed reserve requirements, identification and pledge of revenues securing the Bonds, providing for the form of the Bonds, conditions precedent to the issuance of Bonds and additional Bonds, the establishment and maintenance of funds and the use and disposition there from, including but not limited to accounts for the payment of debt service, the payment of operating expenses, debt service reserve and other reserve accounts, providing for the issuance of subordinated indebtedness, defining an event of default and providing for the allocation of revenues in such event, credit enhancement, providing for a pledge and allocation of sewer revenues to pay for obligations issued by third parties, and provisions of a similar and different nature to those in the General Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability, and to obtain the benefits of any local, state or federal grant or low interest loan program, including but not limited to, the Clean Water Fund and Federal Department of Agriculture programs. A majority of the Issuer Officials are hereby authorized, in 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 addition to the General Resolution, to execute and deliver on behalf of the Issuer and the Sewer Authority an indenture of trust in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. Section 5. The issue of the Bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 6. Said Bonds shall be sold by a majority of the Issuer Officials in a competitive offering or by negotiation, in their discretion. If sold in a competitive offering, the Bonds shall be sold upon sealed proposals at not less than par and accrued interest on the basis of the lowest not or true interest cost to the City. If the Bonds are sold by negotiation, a majority of the Issuer Officials, are authorized to execute a purchase agreement on behalf of the City and Sewer Authority containing such terms and conditions as they deem appropriate and not inconsistent with this Ordinance. Section 7. The City of Norwich (the “Issuer”) hereby expresses its official intent pursuant to section 1.150‐2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid 60 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 any Bonds authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller and General Manager of the Department or their designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement Bonds, and to amend this declaration. Section 8. It is hereby found and determined that it is in the public interest to issue all, or a portion of, the Bonds 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. A majority of the Issuer Officials are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal government pursuant to law, including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct Payment and Tax Credit Versions. Section 9. This Ordinance shall be effective upon adoption by the City Council and its approval by the Sewer Authority. On a roll call vote of 7-0 the above ordinance passes. Upon a motion of Ald. Myles, seconded by Ald. Gould, it was unanimously voted to receive the following Report from the Commission on the City Plan of the City of Norwich, pursuant to Section 8-24 of the General Statutes and Chapter XV, Section 4 of the Norwich City Charter regarding, AN ORDINANCE APPROPRIATING $2,750,000 FOR THE UPDATED DESIGN OF VARIOUS IMPROVEMENTS AND EXPANSION OF THE WASTEWATER TREATMENT FACILITY, AUTHORIZING THE ISSUANCE OF $2,750,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY SEWER REVENUES TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND THE SEWER AUTHORITY TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A GENERAL RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. Upon a motion of Ald. Wilson, seconded by Ald. Nash, it was unanimously voted to accept the report from the Public Works & Capital Improvement Committee regarding entering into an 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 agreement with the Connecticut Department of Emergency Services and Public Protection for facilities upgrades to the Occum Fire Department. CITY MANAGERS REPORT To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: October 18, 2021 Meetings attended were with State representatives and legislators, Southeastern Council of Governments (SCCOG), Conference of Municipalities (CCM), Region 4 Emergency support Plan, Public Safety and NPU‐City Coordination meeting. Representatives from Norwich Emergency Management, CT Department of Emergency Management and Homeland Security, Small Business Administration and FEMA toured properties in Norwich that experienced flooding damage from Hurricane Ida. Approximately, 45 residential and business properties were surveyed in person for damage. The tours were conducted as required by FEMA to verify initial assessment of damage with hopes of receiving a FEMA disaster declaration for Norwich. Unfortunately, New London County may fall shy on the total number of properties that have sustained what FEMA classifies as major damage. Mark Waters, Deputy Emergency Management Director is still working with FEMA and will advise those affected. The City received our Members Equity Distribution check for $57,090 from Connecticut Interlocal Risk Management Agency (CIRMA). CIRMA is the only carrier that returns equity back to its members – not shareholders. Norwich Human Services has completed over a thousand Renters Rebate applications for Elderly and Disabled residents. All divisions of NHS are in the process of administering the ARP funds as detailed in the council resolution. The Recreation Department Trunk or Treat event will be held Friday, October 22nd at 6 pm at the Rose City Sr. Center. They are still looking for volunteers and decorated trunks for this fun safe family event. Please call the Recreation Department at 860‐823‐3791 for more information. The Senior Center along with Uncas health held its first Pfizer COVID‐19 booster shot clinic on Thursday, October 14th. Clinics will run weekly on Thursdays during the month of October. City Clerk, Betsy Barrett, and Executive Assistant, Jacquie Barbarossa led a group of out of town individuals on the “Norwich City Hall Facts and Folklore” tour on Tuesday October 5th as part of the 31sth annual “Walktober”. It was good to be able to have in‐person tours again after Covid‐19 restrictions where loosened. Norwich and the surrounding area still have several walks planned through the end of October. The Registrar’s Office would like to inform voters in Precinct 6 that this year’s polling place will be in the community room of AHEPA‐110, at 370 Hamilton Avenue. Voters in this area have been notified by mail. Feel free to contact the Registrar’s office at 860‐823‐3754 for any additional questions. I have attached the Fire Chiefs report that was presented at the October Public Safety meeting, Treasurer’s Report for quarter end June 30th and the reports from City Departments, NCDC and Otis Library for quarter ending September 30, 2021. Department Quarterly Reports Upon a motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom. 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 WHEREAS, the City of Norwich has been awarded a grant in the sum of $100,000.00 from the Connecticut, Department of Emergency Services and Public Protection (DESPP) to be used for facilities upgrades to the Occum Fire Department (the “Project”); and WHEREAS, the City of Norwich will be required to enter into an Agreement by and between it and DESPP, a copy of which is attached hereto as Exhibit A, which Agreement sets out terms and conditions applicable to the grant funding provided to the City of Norwich. 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, execute, and deliver said Agreement, to make non-material modifications to the same, and to provide or arrange for the provision such other documents, communications or reports as are necessary in the performance of the Project under the terms and conditions of the Agreement. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Mayor Nystrom called for citizen comment on resolutions. Dylan Barcena, 239 Boswell Ave, spoke in support of Resolution #2. Kevin Brown, President of NCDC, asked the Council to support Resolution #2. Angelina Gardner, Starr St, spoke in support of Resolution #2. Swarnjit Singh, spoke in support of Resolutions # 1 and 2. Joanne Philbrick, 10 Elm Ave, talked about the responsibility to represent all the Council constituents in Resolution #5 and wished everyone health and happiness. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 Shiela Hayes, 382 Laurel Hill Ave, spoke in support of Resolutions # 1, 3 and 4. Henry Johnson, Cliff St, spoke in support of Resolution #2. Beryl Fishbone, 19 Bliss Place, spoke in support of Resolution #1, can’t support Resolution #2 without strings and supports Resolutions # 3 and #4. She also thanked the Council. Mayor Nystrom declared citizen comment closed. Upon a motion of President Pro Tem Bettencourt, seconded by Ald. Wilson, on a roll call vote it was voted to put the following resolution introduced by President Pro Tem Bettencourt, Ald. Wilson, Myles and DeLucia on the floor. Upon a motion of President Pro Tem Bettencourt, seconded by Ald. Nash, on a roll call vote it was unanimously voted to amend the following resolution to add in paragraph #6 after renovation of lighting“, and related expenses,”. WHEREAS, under the American Rescue Plan funds have been and are to be delivered next year from the federal government to state, local, territorial, and tribal governments to respond to the COVID- 19 emergency and to bring back jobs and funding objectives; and WHEREAS, these funds must be obligated by December 31, 2024 and can be used to cover costs associated with:  Responding to the negative impacts of the COVID pandemic, including assistance to households, small businesses and non-profits as well as aid to affected industries such as tourism, travel, and hospitality;  Providing government services previously cut due to pandemic-related revenue shortfalls; and  Making needed investments in water, sewer, or broadband infrastructure; and WHEREAS, in 2021 the City of Norwich received the sum of $14,419,364.22 in connection with first year of the program and anticipates receiving a similar sum in the second year of the program; and WHEREAS, the Council of the City of Norwich, on September 7, 2021, approved expenditure of American Rescue Plan funds in the total amount of $11,019,000 for various initiatives; and WHEREAS, the Council of the City of Norwich finds that the following project is consistent with the plan objectives of the American Rescue Plan; can be obligated within the time allotted; will promote uses permitted under the appropriate categories of the American Rescue Plan; and that it will be in the best interest of the City of Norwich to appropriate an additional $120,000 to the Norwich Recreation Department, who will work with the Norwich Youth Football League to renovation of the lighting at Jennings Field; and NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the $120,000 be appropriated from American Rescue Plan funds to the Norwich Recreation Department for the renovation of lighting, and related expenses, at Jennings Field, that will be in the best interest of the City of Norwich whereby said appropriation and expenditure for the purpose listed having so been found, are approved by the Council of the City of Norwich with the provision that these funds be obligated by December 31, 2024 and that quarterly reports on project and its progress be submitted to the City Council, and that any remaining funds be returned to the city for reallocation. Motion passes on a roll call vote of 7-0. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 Upon a motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by President Pro Tem Bettencourt, Ald. Wilson, Myles and DeLucia. WHEREAS, under the American Rescue Plan funds have been and are to be delivered next year from the federal government to state, local, territorial, and tribal governments to respond to the COVID- 19 emergency and to bring back jobs and funding objectives; and WHEREAS, these funds must be obligated by December 31, 2024 and can be used to cover costs associated with:  Responding to the negative impacts of the COVID pandemic, including assistance to households, small businesses and non-profits as well as aide to affected industries such as tourism, travel, and hospitality;  Providing government services previously cut due to pandemic-related revenue shortfalls; and  Making needed investments in water, sewer, or broadband infrastructure; and WHEREAS, in 2021 the City of Norwich received the sum of $14,419,364.22 in connection with first year of the program and anticipates receiving a similar sum in the second year of the program; and WHEREAS, the Council of the City of Norwich, as of September 22, 2021, has approved expenditures of American Rescue Plan funds in the total amount of $11,019,000 for various initiatives; and WHEREAS, since 2018 Global City Norwich has been a major component to the multi-cultural growth and revitalization of downtown Norwich; bring festivals, vendors, new business, and the recognition of many cultures in the City of Norwich. Funded by grants thru Chelsea Groton Bank; and WHEREAS, the Council of the City of Norwich finds that the following initiative is consistent with the plan objectives of the American Rescue Plan; can be obligated within the time allotted; will promote uses permitted under the appropriate categories of the American Rescue Plan; and that it will be in the best interest of the City of Norwich to appropriate the amount of $150,000 to the Global City Norwich Initiative, with $50,000 being allocated for the 2022, 2023, 2024 fiscal year; and NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the $150,000 be appropriated from American Rescue Plan funds to the Global City Norwich Initiative (administered by Norwich Community Development Corporation), that will be in the best interest of the City of Norwich whereby said appropriation and expenditure for the purpose listed having so been found, are approved by the Council of the City of Norwich with the provision that these funds be obligated by December 31, 2024 and that quarterly reports on project, program, and progress be submitted to the City Council. Upon a motion of Ald. Gould, seconded by Ald. Nash, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. WHEREAS, the City of Norwich, pursuant to Connecticut General Statute § 17b-126 and its predecessor statute § 17-291, has filed welfare liens on properties owned by persons who applied for or received aid or support from Norwich or the legally liable relatives of such persons receiving aid or support from Norwich under various sections of the Connecticut General Statutes; and 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 WHEREAS, the State of Connecticut previously followed a similar procedure with respect to assistance provided by the state; and WHEREAS, in 2021 state legislature adopted Public Act 21-3 signed by Governor Lamont on March 4, 2021 to be effective July 1, 2021, said Public Act providing in part that on or after July 1, 2021, the state shall not recover cash assistance or medical assistance from a lien filed on any real property, unless the state is required to recover such assistance under federal law. This Act also provides that any certificate of lien filed by the state pursuant to § 17b-79 of the General Statutes prior to July 1, 2021 shall be deemed released by the state if the recovery of such assistance is not required under federal law; and WHEREAS, C.G.S. § 17b-125 provide that a lien placed against real property by the town to secure disbursement may be released in whole or in part if such release is determined to be necessary or beneficial to the town and voted upon by the town by the town’s legislative body at a meeting; and WHEREAS, the Norwich Department of Human Services has determined that there are a number of city welfare liens still of record and it is doubtful that the same can be collected whereby it recommends that the Council of the City of Norwich follow the process of releasing such liens initiated by the state legislature; and WHEREAS, it is found by the Council of the City of Norwich that it is unlikely that any recovery of disbursements made can be had with respect to the liens described herein, and that it is beneficial to the City of Norwich to follow the practice of the state and release said liens provided a payment is not required to the City of Norwich pursuant to federal law. 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 execute releases with respect to all voluntary or involuntary welfare liens placed on properties in the City of Norwich as recommended to him by the Director of the Department of Human Services and to arrange for said releases to be recorded on the Norwich land records, provided reimbursement to the city is not required under federal law. Upon a motion of Ald. Wilson, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. WHEREAS, Ordinance 1740, adopted January 17, 2017, Amended Section 14-11.1 of the Norwich Code of Ordinances to permit the Council by resolution to increase or decrease the permit fee for the use of the group picnic area or lakeside pavilion in Mohegan Park to reflect any increase or decrease in the operating expenses for the group picnic area or lakeside pavilion; and WHEREAS, the current fee for such use is $200; and WHEREAS, the operating expenses for the group picnic area and lakeside pavilion have increased and a permit fee increase is necessary to defray the operating expenses. NOW THEREFORE BE IT RESOLVED, by the Council for the City of Norwich that the permit fee for the use of the group picnic area or lakeside pavilion be increased from $200 to $225, said increase to take effect on January 1, 2022. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH OCTOBER 18, 2021 WHEREAS, the Council is scheduled to meet regularly on the first Monday of each month at 7:30 p.m.; and WHEREAS, November 1, 2021 is the first Monday in November with a regular meeting of the Council of the City of Norwich scheduled to take place at 7:30 p.m.; and WHEREAS, the municipal elections will take place on Tuesday, November 2, 2021 and the Council anticipates that there will be no or a limited number of items to be placed on the agenda of the November 1, 2021 regular council meeting, and specifically finds at this time there are no items which need to be introduced or acted upon at such meeting. NOW THEREFORE BE IT RESOLVED, by the Council for the City of Norwich that the council meeting currently scheduled for November 1, 2021 at 7:30 p.m. be cancelled, with any matters which might otherwise have been taken up at such meeting be placed on the agenda for the November 15, 2021 council meeting. Ald. Nash called for a moment of personal privilege he stated it was an honor to serve on the Council for 12 years and thanked his colleagues, constituents and volunteers of Norwich which made him a stronger person he also thanked the employees for their work. He is spending time with his wife and family. He wished everyone good health and safety. Upon a motion by Ald. Gould, seconded by Ald. Wilson, it was unanimously voted to go into Executive Session pursuant to Connecticut General Statutes Section 1-200(6), that the members of the Norwich City Council go into Executive Session for the purpose of discussing the acquisition or disposition of real estate or interest in real estate, when publicity regarding the site, and the acquisition or disposition of interest in the same would adversely impact the price of the same; and to review preliminary drafts of proposals in the development and use of the property, the Council having determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure at this time, and to review commercial or financial information given in confidence not required by statute. City Manager John Salomone and Corporation Counsel Michael Driscoll shall be asked to participate during all or portions of this Executive Session at the request of the City Council. The council was in Executive Session from 9:15 am to 9:46 am, at which time Mayor Nystrom, stated no votes were taken. Upon a motion of Ald. Gould, seconded by Ald. Myles, it was unanimously voted to return to regular session. Upon motion of Ald. Nash, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adjourn at 9:47 pm. City Clerk 14

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH October 18, 2021 7:30 PM The meeting will be televised on the Public Access Channel and posted on the city website, www.norwichct.org, in real time. PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes on non-agenda items) PUBLIC HEARING 1. AN ORDINANCE APPROPRIATING $2,750,000 FOR THE UPDATED DESIGN OF VARIOUS IMPROVEMENTS AND EXPANSION OF THE WASTEWATER TREATMENT FACILITY, AUTHORIZING THE ISSUANCE OF $2,750,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY SEWER REVENUES TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND THE SEWER AUTHORITY TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A GENERAL RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. SECOND READING AND ACTION ON THE ABOVE ORDINANCE PREVIOUSLY PRESENTED PETITIONS AND COMMUNICATIONS 1. Report from the Commission on the City Plan regarding AN ORDINANCE APPROPRIATING $2,750,000 FOR THE UPDATED DESIGN OF VARIOUS IMPROVEMENTS AND EXPANSION OF THE WASTEWATER TREATMENT FACILITY, AUTHORIZING THE ISSUANCE OF $2,750,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY SEWER REVENUES TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND THE SEWER AUTHORITY TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A GENERAL RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. 2. Report from the Public Works & Capital Improvement Committee regarding entering into an agreement with the Connecticut Department of Emergency Services and Public Protection for facilities upgrades to the Occum Fire Department. CITY MANAGERS REPORT OLD BUSINESS-RESOLUTION 1. Relative to enter into an agreement with the Connecticut Department of Emergency Services and Public Protection for facilities upgrades to the Occum Fire Department. CITIZENS COMMENT ON RESOLUTIONS (only on the agenda items) NEW BUSINESS-RESOLUTIONS 1. Relative to appropriating $120,000 from the American Rescue Plan for renovation of lighting at Jennings Field. 2. Relative to appropriating $150,000 from the American Rescue Plan to the Global City Norwich Initiative. 3. Relative to release of City welfare liens. 4. Relative to increase permit fees for the use of the group picnic area or lakeside pavilion at Mohegan Park. 5. Relative to cancelling the November 1, 2021 Council meeting. City Clerk PUBLIC HEARING #1 AN ORDINANCE APPROPRIATING $2,750,000 FOR THE UPDATED DESIGN OF VARIOUS IMPROVEMENTS AND EXPANSION OF THE WASTEWATER TREATMENT FACILITY, AUTHORIZING THE ISSUANCE OF $2,750,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY SEWER REVENUES TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND THE SEWER AUTHORITY TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A GENERAL RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $2,750,000 is appropriated for the updated design of various improvements and expansion to the Norwich Department of Public Utilities’ (the “Department”) wastewater treatment facility (the “Facility”), including, but not limited to, (a) the development of a basis of design report and design scope for various improvements and upgrades to various buildings, facilities and equipment relating to the Facility, and (b) miscellaneous design and bidding services relating to the Facility, and such additional work as may be accomplished within said appropriation (the “Project”) as shall be determined by the Sewer Authority of the City of Norwich (the “Sewer Authority”) Said appropriation shall be inclusive of local, state and federal grants in aid thereof. The Sewer Authority is authorized to enter into contracts, expend the appropriation and implement the Project herein authorized. Section 2. The estimated useful life of the Project is not less than twenty years and Project costs are estimated not to exceed $2,750,000. Of the total estimated Project costs, approximately $550,000 is anticipated to be grant funded by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), and approximately $2,200,000 is anticipated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program, through subsidized interest loans. The Project is a general benefit to the City of Norwich and its general governmental purposes. Section 3. To meet said appropriation: (i) bonds of the City or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the twentieth year after their date (or such longer term as may be authorized). Said bonds may be issued in one or more series as determined by the City Manager and the Comptroller - acting on behalf of the City herein - and the General Manager of the Department, or any other authorized designee of the Sewer Authority - acting on behalf of the Department and the Sewer Authority herein - (collectively, the “Issuer Officials”) and the amount of bonds of each series to be issued shall be fixed by a majority of the Issuer Officials in the amount necessary to meet the Issuer’s share of the cost of the Project determined after considering the estimated amount of the State and Federal grants-in-aid of the Project, or the actual amount thereof if this be ascertainable, and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, or, be combined with other bonds of the Issuer and such combined issue shall be in the denomination per aggregate maturity of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of a majority of the Issuer Officials, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by a majority of the Issuer Officials, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by a majority of the Issuer Officials and be approved as to their legality by Bond Counsel. They shall bear such rate or rates of interest as shall be determined by a majority of the Issuer Officials. The issuance of such bonds in one or more series, the aggregate principal amount of bonds to be issued, the annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds shall be determined by a majority of the Issuer Officials, in accordance with the General Resolution. In the case of Parity Indebtedness as defined in the General Resolution between the City of Norwich and the Sewer Authority (as hereinafter defined as the “General Resolution”), a majority of the Issuer Officials, shall also determine the revenues and property to be pledged for payment of such Parity Indebtedness; or (ii) temporary notes of the City may be issued in one or more series pursuant to Sections 7-264 and 7-264a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by a majority of the Issuer Officials, and they are hereby authorized to determine the date, maturity, interest rate, form and other details and particulars of such notes, and to sell, execute and deliver the same; or (iii)sewer assessment notes of the City may be issued in one or more series pursuant to Section 7-269a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by a majority of the Issuer Officials, and they are hereby authorized to determine the date, maturity, interest rate, form and other details and particulars of such notes, and to sell, execute and deliver the same; or (iv) interim funding obligations and project loan obligations or any other obligations of the City (hereinafter “Clean Water Fund Obligations”) evidencing an obligation to repay any portion of the costs of the Project determined by the State of Connecticut Department of Energy and Environmental Protection, Public Health or other department as applicable to be eligible for funding under Section 22a-475 et seq. of the Connecticut General Statutes, as the same may be amended from time to time (the “Clean Water Fund Program”). The General Manager of the Department, or any other authorized designee of the Sewer Authority, is authorized in the name and on behalf of the City and the Sewer Authority to apply for and accept any and all Federal and State loans and/or grants-in-aid of the Project and is further authorized to expend said funds in accordance with the terms hereof and in connection therewith to contract in the name of the Department with engineers, contractors and others. The City may issue Clean Water Fund Obligations in one or more series and in such denominations as a majority of the Issuer Officials shall determine, provided that the total of all such Clean Water Fund Obligations, bonds and notes issued and appropriation expended pursuant to this ordinance shall not exceed $2,750,000. A majority of the Issuer Officials are hereby authorized to determine the amount, date, maturity, interest rate, form and other details and particulars of such interim funding obligations and project loan obligations, subject to the provisions of the Clean Water Fund Program, and to execute and deliver the same. Clean Water Fund Obligations shall be secured solely from a pledge of sewer system revenues; or (v) any combination of bonds, temporary notes, notes, or obligations as set forth in the preceding subsections may be issued, provided that the total, aggregate principal amount thereof outstanding, and including the amount of grant funding obtained pursuant to any Project Grant and Project Loan Agreement or other sources, at any time shall not exceed $2,750,000. Section 4. (i) Bonds, temporary notes, sewer assessment notes, Clean Water Fund Obligations and federal obligations all as set forth in section 3 are hereafter referred to as “Bonds”. The Bonds shall be sewer revenue bonds of the City, the payment of principal and interest on which shall be secured solely by revenues derived from the operation of the sewerage system, including use charges, connection charges, benefit assessments or any combination thereof, investment income derived there from, or other property of the sewerage system or revenue derived from the operation of the sewerage system in accordance with the General Resolution. Each of the Bonds shall recite to the effect that every requirement of law relating to its issue has been duly complied with, that such Bond is within every debt and other limit prescribed by law, that such Bond does not constitute a general obligation of the City for which its full faith and credit is pledged, and that such Bond is payable solely from revenues, assessments, charges or property of the sewerage system specifically pledged therefore. (ii) The bonds authorized to be issued by section 3 shall be, issued and secured pursuant to the General Resolution of the City and the Sewer Authority, Sewer System General Revenue Bond Resolution approved by the City Council on November 21, 1994 and by the Sewer Authority on November 22, 1994, as amended, and as supplemented by various supplemental Resolutions adopted pursuant to the General Resolution, and which is hereby ratified, confirmed and approved in its entirety, including without limitation, the rate and revenue covenants therein. The Sewer Authority irrevocably agrees to comply with the provisions of the General Resolution, including Supplemental Resolutions, including but not limited to: to set, establish and collect and maintain rates and revenue as necessary to continually comply with the terms, conditions and covenants of the General Resolution. The City irrevocably agrees to comply with the provisions of the General Resolution. In order to implement the provisions of the General Resolution the City and the Sewer Authority may enter into an indenture of trust with a bank and trust company which indenture may contain provisions customarily included in revenue bond financings, including provisions of a similar nature to those in the General Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability. A majority of the Issuer Officials are hereby authorized to execute and deliver on behalf of the City and the Sewer Authority an indenture in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. (iii)A majority of the Issuer Officials on behalf of the City and the Sewer Authority are authorized to agree to additional terms and to delete or change existing terms and otherwise amend the form of General Resolution in order to obtain local, State or federal funding, provide better security for the bonds, correct any matter, cure any ambiguity or defect or otherwise benefit the Issuer in their judgment. Such additional or different terms may include restrictions on the use of sewer funds or fund balance or sewer operations, coverage ratios, additional or changed reserve requirements, identification and pledge of revenues securing the Bonds, providing for the form of the Bonds, conditions precedent to the issuance of Bonds and additional Bonds, the establishment and maintenance of funds and the use and disposition there from, including but not limited to accounts for the payment of debt service, the payment of operating expenses, debt service reserve and other reserve accounts, providing for the issuance of subordinated indebtedness, defining an event of default and providing for the allocation of revenues in such event, credit enhancement, providing for a pledge and allocation of sewer revenues to pay for obligations issued by third parties, and provisions of a similar and different nature to those in the General Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability, and to obtain the benefits of any local, state or federal grant or low interest loan program, including but not limited to, the Clean Water Fund and Federal Department of Agriculture programs. A majority of the Issuer Officials are hereby authorized, in addition to the General Resolution, to execute and deliver on behalf of the Issuer and the Sewer Authority an indenture of trust in such final form and containing such terms and conditions as they shall approve, and their signatures on any such indenture shall be conclusive evidence of their approval as authorized hereby. Section 5. The issue of the Bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 6. Said Bonds shall be sold by a majority of the Issuer Officials in a competitive offering or by negotiation, in their discretion. If sold in a competitive offering, the Bonds shall be sold upon sealed proposals at not less than par and accrued interest on the basis of the lowest not or true interest cost to the City. If the Bonds are sold by negotiation, a majority of the Issuer Officials, are authorized to execute a purchase agreement on behalf of the City and Sewer Authority containing such terms and conditions as they deem appropriate and not inconsistent with this Ordinance. Section 7. The City of Norwich (the “Issuer”) hereby expresses its official intent pursuant to section 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid 60 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 any Bonds authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller and General Manager of the Department or their designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement Bonds, and to amend this declaration. Section 8. It is hereby found and determined that it is in the public interest to issue all, or a portion of, the Bonds 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. A majority of the Issuer Officials are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal government pursuant to law, including but not limited to any “tax credit bond,” or “Build America Bonds” including Direct Payment and Tax Credit Versions. Section 9. This Ordinance shall be effective upon adoption by the City Council and its approval by the Sewer Authority. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt PETITION & COMMUNICATION #1 OLD BUSINESS RESOLUTION #1 Relative to enter into an agreement with the Connecticut Department of Emergency Services and Public Protection for facilities upgrades to the Occum Fire Department. WHEREAS, the City of Norwich has been awarded a grant in the sum of $100,000.00 from the Connecticut, Department of Emergency Services and Public Protection (DESPP) to be used for facilities upgrades to the Occum Fire Department (the “Project”); and WHEREAS, the City of Norwich will be required to enter into an Agreement by and between it and DESPP, a copy of which is attached hereto as Exhibit A, which Agreement sets out terms and conditions applicable to the grant funding provided to the City of Norwich. 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, execute, and deliver said Agreement, to make non-material modifications to the same, and to provide or arrange for the provision such other documents, communications or reports as are necessary in the performance of the Project under the terms and conditions of the Agreement. Mayor Peter Albert Nystrom OLD BUSINESS RESOLUTION #1 EXHIBIT A AGREEMENT BETWEEN THE STATE OF CONNECTICUT, DEPARTMENT OF EMERGENCY SERVICES AND PUBLIC PROTECTION, AND THE CITY OF NORWICH WHEREAS, the Connecticut Legislature authorized funding for the fiscal year ending June 30, 2022, for fire department support; WHEREAS, the Connecticut Legislature authorized $100,000 for the Occum Fire Department for facility upgrades; WHEREAS, the State of Connecticut, Department of Emergency Services and Public Protection, hereinafter referred to as the "Grantor," has been charged with allocating funds to municipalities for fire department support; WHEREAS, the Occum Fire Department, through the City of Norwich, hereinafter referred to as the “Grantee,” is charged with serving the City of Norwich with fire suppression, rescue, and emergency medical services; NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter stated, the parties agree as follows: 1. The Grantor hereby authorizes a grant for the following: Grant-in-aid to the Grantee for facility upgrades for the Occum Fire Department in the Total Project Cost of $ 100,000. 2. Effective Date/Period of Performance. This MOU shall be effective when executed by both parties and approved by the Office of the Attorney General. 3. Authority to Enter Agreement. This agreement is entered into by the Grantor pursuant to Connecticut General Statutes §§ 4-8 and 4-66g. 4. Duration of Agreement. This MOU remains in full force and effect for the entire term of the MOU unless terminated by the Grantor as provided in the termination provision of this MOU. 5. Inspections and Examinations. The Grantee agrees that representatives of the Grantor may conduct inspections and examine such records and documents as they deem necessary to validate payment requests or compliance with this agreement at any reasonable time. The Grantee shall maintain all records pertaining to this project for a period of not less than five (5) years. 6. Payment Schedule. The Grantor agrees to pay the Grantee for the direct cost of the eligible expenses. State funds are disbursed only for allowable expenditures incurred between the start and end dates of the contract. The Grantee may submit up to two (2) Payment Requests. Final payment will be made after documentation of the total project costs. 7. The Grantee may submit up to two (2) payment requests in increments of 25% of the total project cost or greater. Payments shall be processed subject to review and approval by the Grantor, 1 contingent upon receipt of detailed invoices with supportive documentation. The final payment will be made after documentation of the total project costs is submitted. 8. Required Certifications. The Grantee must certify in writing that requests for payment are for work begun on or after the effective date of this agreement as defined in paragraph 2. 9. The Grantee agrees to utilize the grant funds subject to the conditions set forth herein and submit a request for final payment prior to two years from the effective date of this agreement as defined in paragraph 2. The State makes no guarantees on the availability of any unused portion of these funds if the Town does not meet this deadline. 10. The Grantee acknowledges that any and all additional work not specifically authorized in writing by the Grantor will be the exclusive responsibility of the Grantee. The Grantee further acknowledges that any and all work in excess of the not to exceed amount set forth herein shall be the exclusive responsibility of the Grantee. 11. The Grantee represents and warrants to the Grantor that it has duly authorized the execution and delivery of this Agreement and the obligations assumed by it hereunder; that the Grantee will comply with all applicable state and federal laws and municipal ordinances in satisfying its obligations under and pursuant to this Agreement; that the execution, delivery and performance of this Agreement by Grantee will not violate, be in conflict with, result in a breach of or constitute (with or without due notice and/or lapse of time) a default under any of the following as applicable: (i) any provision of law; (ii) any order of any court or agency; or (iii) any indenture, agreement, document or other instrument to which it is a party or may be bound. 12. Executive Orders: This Agreement is subject to the provisions of Executive Order No. Three of Governor Thomas J. Meskill, promulgated June 16, 1971 concerning labor employment practices, Executive Order No. Fourteen of Governor M. Jodi Rell, promulgated April 17, 2006, concerning cleaning and sanitizing products, Executive Order No Sixteen of Governor John G. Rowland, promulgated August 4, 1999, concerning violence in the workplace, and Executive Order No. Seventeen of Governor Thomas J. Meskill, promulgated February 15, 1973, concerning the listing of employment openings are made a part of and are attached to this agreement as Attachment A. 13. Audits. The Grantee shall, at its expense, provide for an audit acceptable to the Grantor, in accordance with the provisions of § 7-396 (a), and the State Single Audit Act as outlined in §§ 4-230 through 4-236 of the Connecticut General Statutes. 14. Payment of the State Grant shall only be in accordance with the specific language of C.G.S. Sec 4- 66g and with the approval of the Grantor. 15. State Liability. The State of Connecticut assumes no liability for payment under the terms of this contract until the Grantee is notified by the Grantor that this contract has been approved and executed by the Department of Emergency Services and Public Protection and by the Office of the Attorney General of the State of Connecticut. 16. Grantee Liability. The Grantee shall indemnify and hold harmless the State of Connecticut, the State of Connecticut, Department of Emergency Services and Public Protection, its officers, agents, employees, commissions, boards, departments, divisions, successors and assigns from and against all actions (pending or threatened and whether at law or in equity in any forum), liabilities, damages, losses, costs and expenses, including but not limited to reasonable attorneys’ and other professionals’ fess, resulting from (i) misconduct or negligent or wrongful acts (whether of commission or omission) of the Grantee or any of its officers, representatives, agents, servants, consultants, employees or other persons or entities with whom the Grantee is in privity of oral or written contract; (ii) liabilities arising directly or indirectly in connection with this Agreement out of the 2 acts of the Grantee; and (iii) damages, losses, costs and expenses, including but not limited to, attorneys’ and other professionals’ fees, that may arise out of such claims and/or liabilities. 17. Insurance. The Grantee agrees that while performing services specified in this agreement that it shall carry sufficient insurance (liability and/or other) as applicable according to the nature of the service to be performed so as to “save harmless” the State of Connecticut from any insurable cause whatsoever. If requested, certificates of such insurance shall be filed with the contracting State agency prior to the performance of services. 18. Choice of Law/Choice of Forum. The Agreement shall be deemed to have been made in the City of Hartford, State of Connecticut. Both Parties agree that it is fair and reasonable for the validity and construction of the Agreement to be, and it shall be, governed by the laws and court decisions of the State of Connecticut, without giving effect to its principles of conflicts of laws. To the extent that any immunities provided by federal law or the laws of the State of Connecticut do not bar an action against the State, and to the extent that these courts are courts of competent jurisdiction, for the purpose of venue, the complaint shall be made returnable to the Judicial District of Hartford only or shall be brought in the United States District Court for the District of Connecticut only, and shall not be transferred to any other court, provided, however, that nothing here constitutes a waiver or compromise of the sovereign immunity of the State of Connecticut. 19. Termination. The Grantor may terminate this Agreement in whole or in part whenever for any reason the Grantor determines that such termination is in the best interest of the Grantor or the State of Connecticut. In the event that the Grantor elects to terminate this Agreement, the Grantor shall notify the Grantee by certified mail, return receipt requested. Termination shall be effective as of the close of business specified in the notice. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates written below: GRANTEE: The City of Norwich By: ___________________________ ________________ Municipal CEO Date The City of Norwich Duly Authorized GRANTOR: Department of Emergency Services and Public Protection By: ___________________________ ________________ James C. Rovella Date Commissioner of Department of Emergency Services and Public Protection Duly Authorized Approved as to form. William Tong, Attorney General By:_________________________________ ,Associate Attorney General Date: ______________________________ 3 RESOLUTION #1 WHEREAS, under the American Rescue Plan funds have been and are to be delivered next year from the federal government to state, local, territorial, and tribal governments to respond to the COVID- 19 emergency and to bring back jobs and funding objectives; and WHEREAS, these funds must be obligated by December 31, 2024 and can be used to cover costs associated with:  Responding to the negative impacts of the COVID pandemic, including assistance to households, small businesses and non-profits as well as aid to affected industries such as tourism, travel, and hospitality;  Providing government services previously cut due to pandemic-related revenue shortfalls; and  Making needed investments in water, sewer, or broadband infrastructure; and WHEREAS, in 2021 the City of Norwich received the sum of $14,419,364.22 in connection with first year of the program and anticipates receiving a similar sum in the second year of the program; and WHEREAS, the Council of the City of Norwich, on September 7, 2021, approved expenditure of American Rescue Plan funds in the total amount of $11,019,000 for various initiatives; and WHEREAS, the Council of the City of Norwich finds that the following project is consistent with the plan objectives of the American Rescue Plan; can be obligated within the time allotted; will promote uses permitted under the appropriate categories of the American Rescue Plan; and that it will be in the best interest of the City of Norwich to appropriate an additional $120,000 to the Norwich Recreation Department, who will work with the Norwich Youth Football League for renovation of the lighting at Jennings Field; and NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the $120,000 be appropriated from American Rescue Plan funds to the Norwich Recreation Department for the renovation of lighting at Jennings Field, that it will be in the best interest of the City of Norwich whereby said appropriation and expenditure for the purpose listed having so been found, are approved by the Council of the City of Norwich with the provision that these funds be obligated by December 31, 2024 and that quarterly reports on project and its progress be submitted to the City Council, and that any remaining funds be returned to the city for reallocation. President Pro Tem Mark M. Bettencourt Alderman Derell Q. Wilson Alderwoman Ella C. Myles Alderman Joseph A. DeLucia RESOLUTION #2 WHEREAS, under the American Rescue Plan funds have been and are to be delivered next year from the federal government to state, local, territorial, and tribal governments to respond to the COVID- 19 emergency and to bring back jobs and funding objectives; and WHEREAS, these funds must be obligated by December 31, 2024 and can be used to cover costs associated with:  Responding to the negative impacts of the COVID pandemic, including assistance to households, small businesses and non-profits as well as aide to affected industries such as tourism, travel, and hospitality;  Providing government services previously cut due to pandemic-related revenue shortfalls; and  Making needed investments in water, sewer, or broadband infrastructure; and WHEREAS, in 2021 the City of Norwich received the sum of $14,419,364.22 in connection with first year of the program and anticipates receiving a similar sum in the second year of the program; and WHEREAS, the Council of the City of Norwich, as of September 22, 2021, has approved expenditures of American Rescue Plan funds in the total amount of $11,019,000 for various initiatives; and WHEREAS, since 2018 Global City Norwich has been a major component to the multi-cultural growth and revitalization of downtown Norwich; bring festivals, vendors, new business, and the recognition of many cultures in the City of Norwich; funded by grants thru Chelsea Groton Bank; and WHEREAS, the Council of the City of Norwich finds that the following initiative is consistent with the plan objectives of the American Rescue Plan; can be obligated within the time allotted; will promote uses permitted under the appropriate categories of the American Rescue Plan; and that it will be in the best interest of the City of Norwich to appropriate the amount of $150,000 to the Global City Norwich Initiative, with $50,000 being allocated for the 2022, 2023, 2024 fiscal year; and NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the $150,000 be appropriated from American Rescue Plan funds to the Global City Norwich Initiative (administered by Norwich Community Development Corporation), that it will be in the best interest of the City of Norwich whereby said appropriation and expenditure for the purpose listed having so been found, are approved by the Council of the City of Norwich with the provision that these funds be obligated by December 31, 2024 and that quarterly reports on project, program, and progress be submitted to the City Council. President Pro Tem Mark M. Bettencourt Alderman Derell Q. Wilson Alderwoman Ella C. Myles Alderman Joseph A. DeLucia RESOLUTION #3 WHEREAS, the City of Norwich, pursuant to Connecticut General Statute § 17b-126 and its predecessor statute § 17-291, has filed welfare liens on properties owned by persons who applied for or received aid or support from Norwich or the legally liable relatives of such persons receiving aid or support from Norwich under various sections of the Connecticut General Statutes; and WHEREAS, the State of Connecticut previously followed a similar procedure with respect to assistance provided by the state; and WHEREAS, in 2021 state legislature adopted Public Act 21-3 signed by Governor Lamont on March 4, 2021 to be effective July 1, 2021, said Public Act providing in part that on or after July 1, 2021, the state shall not recover cash assistance or medical assistance from a lien filed on any real property, unless the state is required to recover such assistance under federal law. This Act also provides that any certificate of lien filed by the state pursuant to § 17b-79 of the General Statutes prior to July 1, 2021 shall be deemed released by the state if the recovery of such assistance is not required under federal law; and WHEREAS, C.G.S. § 17b-125 provide that a lien placed against real property by the town to secure disbursement may be released in whole or in part if such release is determined to be necessary or beneficial to the town and voted upon by the town by the town’s legislative body at a meeting; and WHEREAS, the Norwich Department of Human Services has determined that there are a number of city welfare liens still of record and it is doubtful that the same can be collected whereby it recommends that the Council of the City of Norwich follow the process of releasing such liens initiated by the state legislature; and WHEREAS, it is found by the Council of the City of Norwich that it is unikely that any recovery of disbursements made can be had with respect to the liens described herein, and that it is beneficial to the City of Norwich to follow the practice of the state and release said liens provided a payment is not required to the City of Norwich pursuant to federal law. 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 execute releases with respect to all voluntary or involuntary welfare liens placed on properties in the City of Norwich as recommended to him by the Director of the Department of Human Services and to arrange for said releases to be recorded on the Norwich land records, provided reimbursement to the city is not required under federal law. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould RESOLUTION #4 WHEREAS, Ordinance 1740, adopted January 17, 2017, Amended Section 14-11.1 of the Norwich Code of Ordinances to permit the Council by resolution to increase or decrease the permit fee for the use of the group picnic area or lakeside pavilion in Mohegan Park to reflect any increase or decrease in the operating expenses for the group picnic area or lakeside pavilion; and WHEREAS, the current fee for such use is $200; and WHEREAS, the operating expenses for the group picnic area and lakeside pavilion have increased and a permit fee increase is necessary to defray the operating expenses. NOW THEREFORE BE IT RESOLVED, by the Council for the City of Norwich that the permit fee for the use of the group picnic area or lakeside pavilion be increased from $200 to $225, said increase to take effect on January 1, 2022. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould RESOLUTION #5 WHEREAS, the Council is scheduled to meet regularly on the first Monday of each month at 7:30 p.m.; and WHEREAS, November 1, 2021 is the first Monday in November with a regular meeting of the Council of the City of Norwich scheduled to take place at 7:30 p.m.; and WHEREAS, the municipal elections will take place on Tuesday, November 2, 2021 and the Council anticipates that there will be no or a limited number of items to be placed on the agenda of the November 1, 2021 regular council meeting, and specifically finds at this time there are no items which need to be introduced or acted upon at such meeting. NOW THEREFORE BE IT RESOLVED, by the Council for the City of Norwich that the council meeting currently scheduled for November 1, 2021 at 7:30 p.m. be cancelled, with any matters which might otherwise have been taken up at such meeting be placed on the agenda for the November 15, 2021 council meeting. Mayor Peter Albert Nystrom President Pro Tem Mark M. Bettencourt Alderwoman Stacy Gould

Get email alerts for Norwich

A daily email when new agendas and minutes are posted.

Report an issue with this meeting