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City Council

Regular Meeting

Norwich, CT · February 6, 2023

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 The regular meeting of the Council of the City of Norwich was held February 6. 2023 at 7:30 PM in Council Chamber. Present: Mayor Nystrom, President Pro Tem DeLucia, Ald. Neuendorf, Gould, Singh and Burto. City Manager Salomone and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Ald. Burto read the opening prayer and Ald. Singh led the members in the Pledge of Allegiance. Mayor Nystrom called for a moment of silence for the families in Turkey and Syria as a result of the earthquakes. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Upon a motion of Ald. Burto, seconded by Ald. Gould, on a roll call vote it was unanimously voted to accept the following minutes of January 3 and 17, 2023. Upon a motion of Ald. Burto, seconded by Ald. Gould, on a roll call vote it was unanimously voted accept the report from the Commission for persons with Disabilities. Commission for Persons with Disabilities Annual Report 2022 Draft The Commission was able to meet three times this year. Nine meetings were canceled due to the inability to meet the quorum. The Commission planned two programs for Disabilities Awareness Week, which was held October 10 – 15, 2022. There was a Legislative Panel Discussion on Tuesday, October 11 at 10:30am at the Rose City Senior Center. State Senator Cathy Osten, State Representative Kevin Ryan, and Mayor Peter Nystrom discussed disability-related legislation and answered topics important to the attendees. There were 25 people in attendance. A workshop on the American with Disabilities Act (ADA) was held on Wednesday, October 12 at 1:30pm in the Otis Library Community Room. Elanah Sherman, a longtime ADA advocate/educator presented the program. The workshop covered the first three titles of the ADA, with Q&A following the program. There were eight people in attendance. In the upcoming year, the Commission will be continue working towards recruiting new members. We also plan to create programs in October 2023 for Disabilities Awareness Week, along with other disability-related programs for the community. We will continue to work with Norwich Public Utilities on acquiring and setting up wheelchair charging stations at key places around the City. CITY MANAGERS REPORT To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: February 6, 2023 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Meetings attended were with State representatives and legislators, Southeastern Council of Governments Executive Committee Meeting (SCCOG), Rt. 82 Safety Improvement Project, Connecticut Interlocal Risk Management Agency (CIRMA) Annual Meeting, Connecticut Conference of Municipalities (CCM), Southeastern Area Transit (SEAT), Public Safety, NPU-City Coordination Meeting, NCDC Board of Directors meeting, Health Equity Committee, and State of CT Task Force to Study Indoor Air Quality in School Buildings. City staff and I had the initial meeting for the School Construction Master plan with the Department of Administrative Services (DAS) division with the State of Connecticut. I held a public informational session for the next round of ARP funding at the Norwich Senior Center. I also had the pleasure of attending the grand opening/ribbon cutting of NAVERRA in the Norwich Business Park. NAVERRA formerly Solar Seal Architectural moved their operations from Massachusetts to Norwich and makes the highest quality fabricated commercial architectural glass in North America. Human Services now has a new Administrative Hub. Their Director, Kate Milde, and Administrative Coordinator, Cynthia Rios, can now be found in the lower level of 23 Union Street. The Adult & Family Division remains in City Hall. Youth and Family Services has partnered with both middle schools to provide substance use prevention programming, which results in reduced suspensions and an increased knowledge base. The Community Development Office has announced the application window for PY49 opened on January 4, 2023. Applications will be accepted until 4:00 p.m. on Friday, February 10, 2023, at the Community Development Office, 23 Union St., Norwich, CT. For more information please visit the Office of Community Development’s webpage at www.norwichct.org. The City’s Lock Box payments at M & T bank for the January tax installment were 985 payments totaling $2,858,130.59. That was a decline from last year at this time but online payments were stable and in person payments increased by 32%. I received notice from the US Department of Justice for the assistance of Norwich Police Department with the conviction and sentencing of Maryland man trafficking narcotics into Southeastern Connecticut. Thank you for your assistance. I have attached the City Departments, NCDC and Otis Library reports for quarter ending December 31, 2022. Department Quarterly Reports 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 declared citizen comment open. Chris LaRose, General Manager of Norwich Public Utilities, talked about the 10 year lease on Resolution #1. Shiela Hayes, 382 Laurel Hill Ave, spoke in support of Resolution #2 and asked for an explanation on the contingency money on Resolution #5. Mayor Nystrom declared citizen comment closed. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Upon a motion of Ald. Singh, 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 DeLucia and Ald. Gould. WHEREAS, the City of Norwich, Connecticut (the “City”), acting by and through the Department of Public Utilities (“NPU” or “Lessee”) entered into a lease agreement with the Town of Lebanon, Connecticut (the “Town” or “Lessor,” together with NPU, the “Parties”) on April 28, 2014 (the “Lease Agreement”) for the right to use and occupy a certain parcel of real property located in the Town, as more specifically described in the Exhibit A & A-1 attached hereto (the “Leased Premises”) and to construct certain improvements, including a water tank, and other facilities at the Leased Premises (the “Facility”); and WHEREAS, section 2(a) of the Lease Agreement states that the lease shall expire on the day before the tenth (10th) anniversary of the commencement date (the “Term”); and WHEREAS, on January 31, 2015, the Parties entered into a supplement to the Lease Agreement (the “Supplemental Agreement”) which established certain pertinent dates under the Lease Agreement, including May 1, 2014 as the “Commencement Date” of the Lease Agreement; and WHEREAS, as such, the Lease Agreement is set to expire on the day before the tenth (10th) anniversary of the Commencement Date, which is April 30, 2024, and WHEREAS, section 2(a) of the Lease Agreement further states that the Lease Agreement will automatically renew for a period of ten (10) years unless the Lessee provides notice to the Lessor of its intent not to renew on or before the date which is one year prior to the expiration of the current Term, which is April 30, 2023 (the “Notice Deadline”); and WHEREAS, section 2(b) of the Lease Agreement states that “[u]pon the expiration of the Term or sooner termination of the Lease, the City of Norwich may, at its election, purchase the Leased Premises from Lessor for a purchase price of One Dollar ($1.00) (the “Purchase Option”);” and WHEREAS, NPU, acting by and through the City, intends to exercise the Purchase Option, and provide written notice of same to the Lessor prior to the Notice Deadline; and WHEREAS, on December 20, 2022, the NPU Board approved a resolution authorizing NPU to exercise the Purchase Option (the “Resolution”). NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. That City Manager John Salomone acting on behalf of the City herein - and the General Manager of NPU - acting on behalf of NPU herein - (collectively, the “Issuer Officials”) are authorized to exercise the Purchase Option contained in the Lease Agreement, and such Issuer Officials are further authorized to negotiate and execute any other agreements, documents, amendments, supplements, certificates or writings, including, but not limited to, any security or intercreditor agreements in order to accomplish the acquisition of the Leased Premises. Section 2. That the Issuer Officials shall provide the Lessor with written notice of NPU’s intent not to renew the Lease Agreement and of its intent to exercise the Purchase Option prior to the Notice Deadline. Section 3. That, in accordance with the Lease and the Charter of the City, the Leased Premises shall be purchased in the name of the City for the benefit of NPU. 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Section 4. This Resolution shall be effective upon adoption by the City Council. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Upon a motion of Ald. Gould, seconded by Ald. Burto, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. WHEREAS, the Connecticut Attorney General recently announced five (5) new national opioid settlements have been reached with Teva, Allergan, CVS, Walgreens, and Walmart and advised that Connecticut cities and towns will be receiving a notification from Rubris, the Implementation Administrator for the national opioid settlements in late January; and WHEREAS, on January 25, 2023 the City of Norwich received a notice of national opioid settlements and the required actions needed to participate from the Implementation Administrator advising, among other things, that the City of Norwich must “opt in” to participate in the new settlements by signing and returning documentation to be received in the next few weeks with a deadline to return the required documentation of April 18, 2023; and WHEREAS, the Implementation Administrator also sent a Settlement Overview detailing the amount which Teva, Allergan, CVS, Walgreens, and Walmart shall pay and the period of time over which it will be paid, a copy of which Settlement Overview is attached hereto as Exhibit A and A-1; and WHEREAS, the Council finds it will be in the best interest of the City of Norwich to “opt in” to each of the five (5) settlements for which it is eligible utilizing the forms provided which will require signing of the Participation Forms as well as any other required documents relative to the five (5) settlements via DocuSign. 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone and/or Corporation Counsel Michael Driscoll, or their designee, be and hereby are authorized and directed to enter into, execute and deliver in the form requested the five (5) required Participation Forms for the five (5) settlements with Teva, Allergan, CVS, Walgreens, and Walmart, respectively, and cause the same to be delivered via DocuSign or as otherwise required. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Upon a motion of Ald. Singh, 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 DeLucia and Ald. Gould. WHEREAS, the City of Norwich, is utilizing the services of Signature Properties as a realtor, which has listed the property at 50 Peck Street and received an offer to purchase. WHEREAS, the Council has resolved that upon receipt of a Purchase and Sales Agreement containing an offer to purchase on such terms and conditions as are 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 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 WHEREAS, City Manager John Salomone has received a Purchase and Sales Agreement from Signature Properties containing an offer to purchase 50 Peck Street, the offer being the sum of $90,000 with 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 $90,000 to Yanet M. Canessa 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 Yanet M. Canessa or his/her designee for the property known as 50 Peck Street, 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. Singh, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. WHEREAS, the City of Norwich became the owner of property located at 50 Peck Street, Map 109, Block 1, Lot 57 by virtue of a Certificate of Foreclosure recorded at volume 3161 page 63 of the Norwich Land Records; and WHEREAS, said property is improved by a structure; and WHEREAS, the Council of the City of Norwich has determined it to be in the best interest of the City of Norwich to attempt to dispose of this property by a negotiated sale using the services of Signature Properties of New England, listing the property at a price recommended to it by Signature Properties of New England. 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 on behalf of the City of Norwich to enter into an individual real estate listing agreement satisfactory to him with Signature Properties of New England offering to sell the property at 50 Peck Street at a proposed sale price recommended by Signature Properties of New England; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that, upon receipt of a Purchase and Sales Agreement from a prospective purchaser containing the proposed sales price recommended by Signature Properties of New England and containing such terms and conditions as are satisfactory to City Manager John Salomone, then, City Manager John Salomone shall be and hereby is authorized and directed to notify the Council of the City of Norwich of the proposed Purchase and Sales Agreement, which the Council may then approve by a resolution authorizing City Manager John Salomone to enter into a Purchase and Sales Agreement as presented for the subject property on behalf of the City of Norwich and, upon timely tender of the purchase price subject to standard adjustments, to execute and deliver a deed of conveyance for said property and to execute, receive and deliver 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. Singh, on a roll call vote it was unanimously voted to adopt the following resolution introduced by John Salomone. 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Relative to amendment of existing American Rescue Plan Act allocations. RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the American Rescue Plan Act allocations adopted previously, be amended as follows: 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Upon a motion of Ald. Gould, seconded by Ald. Singh, on a roll call vote it was unanimously voted to adopt the following resolution introduced by John Salomone. Relative to approval of new American Rescue Plan Act allocations. RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the following ARPA allocations be approved: 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Upon a motion of Ald. Singh, seconded by Ald. Gould, it was unanimously voted on a roll call vote to waive the full reading of the text, send a referral to the Commission on the City Plan and set a public hearing on March 20, 2023 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem DeLucia and Ald. Gould. COUNCIL ORDINANCE AN ORDINANCE APPROPRIATING $2,500,000 FOR COSTS OF THE DESIGN AND CONSTRUCTION OF A LEAD COPPER SERVICE LINE REPLACEMENT PROGRAM IN THE CITY OF NORWICH, AUTHORIZING THE ISSUANCE OF $2,500,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $2,500,000 is appropriated for the costs of the design and construction of a lead copper service line (“LSL”) replacement program, including, but not limited to, the replacement of all LSL’s in the City of Norwich, Connecticut, and all related site work, easements, land acquisition, materials, installation and deployment costs, and such additional improvements as may be accomplished within said appropriation provided herein, and including all administration, advertising, printing, legal, and financing costs as more fully set forth in this Ordinance (hereafter the “Project”) as shall be determined by the City of Norwich Department of Public Utilities (the “Department”). Said appropriation shall be inclusive of State and Federal grants in aid thereof. The Department 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 thirty years. The total estimated cost of the Project is $2,500,000. $2,500,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan and grants, if applicable. 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, the Comptroller - acting on behalf of the City herein - and General Manager of the City of Norwich Department of Public Utilities - acting on behalf of the Department and the Board of Public Utilities Commissioners (hereafter the “Board”) herein - (the “Issuer Officials”) and the amount of bonds of each series to be issued shall be fixed by 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 the Issuer Officials bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by 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 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 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 the Issuer Officials, in accordance with the Joint Resolution. In the case of Parity Indebtedness as defined in the Joint Resolution between the City of Norwich and the Board (as hereinafter defined as the “Joint Resolution”), the Issuer Officials, shall also determine the revenues and property to be pledged for payment of such Parity Indebtedness; or 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 (ii) temporary notes of the City may be issued in one or more series pursuant to Section 7-244a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by 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) 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 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 is hereby authorized, on behalf of the City and the Board, to enter into any other agreements, instruments, documents and certificates for the consummation of the transactions contemplated by this Ordinance. The General Manager of the Department is hereby authorized, on behalf of the City and the Board, to apply for and accept any and all Federal and State grants for the Project, 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 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 $2,500,000. 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 water system revenues; or (iv) promissory notes, bonds or other obligations made payable to the United States of America to meet any portion of the costs of the Project determined by the federal government, including acting through the Rural Utility Service of the United States Department of Agriculture (“USDA”) or other federal program or agency, to be eligible for loan and/or grant monies; 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 a Project Grant and Project Loan Agreement, at any time shall not exceed $2,500,000. Section 4. (i) Bonds, temporary notes, or water 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 water 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 water system, including use charges, connection charges, benefit assessments or any combination thereof, investment income derived there from, or other property of the water system or revenue derived from the operation of the water system in accordance with the Joint 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 water system specifically pledged therefore. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 (ii) The bonds authorized to be issued by section 3 shall be, issued and secured pursuant to the Joint Resolution approved by the City Council on August 7, 2000, and the Board on July 17, 2000, as amended, and as supplemented by various supplemental Resolutions adopted pursuant to the Joint Resolution, and which is hereby ratified, confirmed and approved in its entirety, including without limitation, the rate and revenue covenants therein. The Board irrevocably agrees to comply with the provisions of the Joint 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 Joint Resolution the City and the Board 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 Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability. The Issuer Officials are hereby authorized to execute and deliver on behalf of the City and the Board 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) The Issuer Officials on behalf of the City and the Board are authorized to agree to additional terms and to delete or change existing terms and otherwise amend the form of Joint Resolution in order to obtain 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 water funds or fund balance or water 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 water revenues to pay for obligations issued by third parties, and provisions of a similar and different nature to those in the Joint 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 State or Federal grant or low interest loan program, including but not limited to the Clean Water Fund and Federal Department of Agriculture Programs. The Issuer Officials are hereby authorized, in addition to the General Resolution, to execute and deliver on behalf of the Issuer and the Board 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 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. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the Bonds are sold by negotiation, the Issuer Officials, are authorized to execute a purchase agreement on behalf of the City and 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 6, 2023 Board containing such terms and conditions as they deem appropriate and not inconsistent with this Ordinance. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. 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 sixty days prior to and after the date of passage of this Resolution 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 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 City of Norwich Department of Public Utilities 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, 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. 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 Board. Upon motion of Ald. Burto, seconded by Ald. Gould, on a roll call vote of 6-0 it was unanimously voted to adjourn 7:50 PM. City Clerk 15

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH 100 Broadway in Council Chambers February 6, 2023 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 ADOPTION OF MINUTES: January 3 and 17, 2023 PETITION AND COMMUNICATION 1. Annual report from the Commission for Persons with Disabilities. CITY MANAGER’S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS RESOLUTIONS 1. Relative to authorizing the City of Norwich to exercise an option to purchase leased premises in the Town of Lebanon, Connecticut. 2. Relative to the City of Norwich “opt in” to participate in the new opioid settlements. 3. Relative to purchase and sales agreement for 50 Peck Street. 4. Relative to amendment of existing American Rescue Plan Act allocations. 5. Relative to approval of new American Rescue Plan Act allocations. NEW BUSINESS ORDINANCE 1. AN ORDINANCE APPROPRIATING $2,500,000 FOR COSTS OF THE DESIGN AND CONSTRUCTION OF A LEAD COPPER SERVICE LINE REPLACEMENT PROGRAM IN THE CITY OF NORWICH, AUTHORIZING THE ISSUANCE OF $2,500,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT RESOLUTION WITH THE STATE OF CONNECTICUT WITH RESPECT THERETO. City Clerk PETITION & COMMUNICATION #1 Commission for Persons with Disabilities Annual Report 2022 Draft The Commission was able to meet three times this year. Nine meetings were canceled due to the inability to meet the quorum. The Commission planned two programs for Disabilities Awareness Week, which was held October 10 – 15, 2022. There was a Legislative Panel Discussion on Tuesday, October 11 at 10:30am at the Rose City Senior Center. State Senator Cathy Osten, State Representative Kevin Ryan, and Mayor Peter Nystrom discussed disability-related legislation and answered topics important to the attendees. There were 25 people in attendance. A workshop on the American with Disabilities Act (ADA) was held on Wednesday, October 12 at 1:30pm in the Otis Library Community Room. Elanah Sherman, a longtime ADA advocate/educator presented the program. The workshop covered the first three titles of the ADA, with Q&A following the program. There were eight people in attendance. In the upcoming year, the Commission will be continue working towards recruiting new members. We also plan to create programs in October 2023 for Disabilities Awareness Week, along with other disability-related programs for the community. We will continue to work with Norwich Public Utilities on acquiring and setting up wheelchair charging stations at key places around the City. RESOLUTION #1 WHEREAS, the City of Norwich, Connecticut (the “City”), acting by and through the Department of Public Utilities (“NPU” or “Lessee”) entered into a lease agreement with the Town of Lebanon, Connecticut (the “Town” or “Lessor,” together with NPU, the “Parties”) on April 28, 2014 (the “Lease Agreement”) for the right to use and occupy a certain parcel of real property located in the Town, as more specifically described in the Exhibit A & A-1 attached hereto (the “Leased Premises”) and to construct certain improvements, including a water tank, and other facilities at the Leased Premises (the “Facility”); and WHEREAS, section 2(a) of the Lease Agreement states that the lease shall expire on the day before the tenth (10th) anniversary of the commencement date (the “Term”); and WHEREAS, on January 31, 2015, the Parties entered into a supplement to the Lease Agreement (the “Supplemental Agreement”) which established certain pertinent dates under the Lease Agreement, including May 1, 2014 as the “Commencement Date” of the Lease Agreement; and WHEREAS, as such, the Lease Agreement is set to expire on the day before the tenth (10th) anniversary of the Commencement Date, which is April 30, 2024, and WHEREAS, section 2(a) of the Lease Agreement further states that the Lease Agreement will automatically renew for a period of ten (10) years unless the Lessee provides notice to the Lessor of its intent not to renew on or before the date which is one year prior to the expiration of the current Term, which is April 30, 2023 (the “Notice Deadline”); and WHEREAS, section 2(b) of the Lease Agreement states that “[u]pon the expiration of the Term or sooner termination of the Lease, the City of Norwich may, at its election, purchase the Leased Premises from Lessor for a purchase price of One Dollar ($1.00) (the “Purchase Option”);” and WHEREAS, NPU, acting by and through the City, intends to exercise the Purchase Option, and provide written notice of same to the Lessor prior to the Notice Deadline; and WHEREAS, on December 20, 2022, the NPU Board approved a resolution authorizing NPU to exercise the Purchase Option (the “Resolution”). NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. That City Manager John Salomone acting on behalf of the City herein - and the General Manager of NPU - acting on behalf of NPU herein - (collectively, the “Issuer Officials”) are authorized to exercise the Purchase Option contained in the Lease Agreement, and such Issuer Officials are further authorized to negotiate and execute any other agreements, documents, amendments, supplements, certificates or writings, including, but not limited to, any security or intercreditor agreements in order to accomplish the acquisition of the Leased Premises. Section 2. That the Issuer Officials shall provide the Lessor with written notice of NPU’s intent not to renew the Lease Agreement and of its intent to exercise the Purchase Option prior to the Notice Deadline. Section 3. That, in accordance with the Lease and the Charter of the City, the Leased Premises shall be purchased in the name of the City for the benefit of NPU. Section 4. This Resolution shall be effective upon adoption by the City Council. Mayor Peter Albert Nystrom President Pro Tem Joseph A. DeLucia Alderwoman Stacy Gould 2 RESOLUTION #2 WHEREAS, the Connecticut Attorney General recently announced five (5) new national opioid settlements have been reached with Teva, Allergan, CVS, Walgreens, and Walmart and advised that Connecticut cities and towns will be receiving a notification from Rubris, the Implementation Administrator for the national opioid settlements in late January; and WHEREAS, on January 25, 2023 the City of Norwich received a notice of national opioid settlements and the required actions needed to participate from the Implementation Administrator advising, among other things, that the City of Norwich must “opt in” to participate in the new settlements by signing and returning documentation to be received in the next few weeks with a deadline to return the required documentation of April 18, 2023; and WHEREAS, the Implementation Administrator also sent a Settlement Overview detailing the amount which Teva, Allergan, CVS, Walgreens, and Walmart shall pay and the period of time over which it will be paid, a copy of which Settlement Overview is attached hereto as Exhibit A and A-1; and WHEREAS, the Council finds it will be in the best interest of the City of Norwich to “opt in” to each of the five (5) settlements for which it is eligible utilizing the forms provided which will require signing of the Participation Forms as well as any other required documents relative to the five (5) settlements via DocuSign. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone and/or Corporation Counsel Michael Driscoll, or their designee, be and hereby are authorized and directed to enter into, execute and deliver in the form requested the five (5) required Participation Forms for the five (5) settlements with Teva, Allergan, CVS, Walgreens, and Walmart, respectively, and cause the same to be delivered via DocuSign or as otherwise required. Mayor Peter Albert Nystrom President Pro Tem Joseph A. DeLucia Alderwoman Stacy Gould RESOLUTION #3 WHEREAS, the City of Norwich, is utilizing the services of Signature Properties as a realtor, which has listed the property at 50 Peck Street and received an offer to purchase. WHEREAS, the Council has resolved that upon receipt of a Purchase and Sales Agreement containing an offer to purchase on such terms and conditions as are 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, City Manager John Salomone has received a Purchase and Sales Agreement from Signature Properties containing an offer to purchase 50 Peck Street, the offer being the sum of $90,000 with 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 $90,000 to Yanet M. Canessa 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 Yanet M. Canessa or his/her designee for the property known as 50 Peck Street, 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. Mayor Peter Albert Nystrom President Pro Tem Joseph A. DeLucia Alderwoman Stacy Gould RESOLUTION #4 Relative to amendment of existing American Rescue Plan Act allocations. RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the American Rescue Plan Act allocations adopted previously, be amended as follows: ARPA Exp. Brief Dollar City Manager Item Project Dept/ Details of requested change Code Description Change recommendation # Entity Move amount to ARP08- Mental Health Human Services Staffing for 1.12-Public Services third Case Worker. In ARP08 $192,000 to 1 Health: provided through there are two persons already $192,000 ARP06 Human ARP08 Mental Health outside covered, however plan is to Services Services agencies. keep all their ARPA payroll together in one project. 2.37- This project will not be moving Negative forward. Request to move to Economic ARP09-Armstrong Tennis $150,000 to 2 Impacts: Splash Pad $150,000 Courts to be used for ARP09 ARP12 Other Public Works construction of the Parking Economic Lot. Assistance This project includes both new 2.23-Negative construction and rehabs: Economic - New homes $360K Affordable $400,000 to 3 ARP16 Impacts: - Rehab $840K $400,000 Housing Projects Habitat for available funds Demo & Rehab housing funds may not Humanity Rehab of get fully spent. Move Properties $400,000 to available funds. 2.37- Negative This project is completed. Economic Mohegan Park Move this balance to ARP21- $ 4,319 to 4 $ 4,319 ARP22 Impacts: Fitness Course Public Works Mohegan Park Playground ARP21 Other to assist in project completion. Economic Assistance 2.37- Negative This project is completed. Economic Jennings Field Move this remaining balance $ 16,352 to 5 $ 16,352 ARP26 Impacts: Lighting Public Works to available funds to close it available funds Other out. Economic Assistance Balance of funds after fully reimbursing company for building fees. NCDC request transfer of funds to either of 2.31-Negative the following: Hale Mill $50,485 to 6 Economic NCDC/Mill • ARP48-Yale Urban $ 50,485 Renovation available funds Impacts: Development Study ARP32 Assistance to LLC • ARP14-Norwich Small Bus Revitalization Program This project is completed. 1.14-Public 7 x Lucas Move this remaining balance $71 to available 7 Fire $ 71 ARP44 Health: Other Devices to available funds to close it funds Department Services out. Project ARPA Exp. City Manager Item Brief Description Dept/Entity Details of requested change Request # Code Recommendation 3.1-Public Health & Change description/title to Negative “Adult & Family Services Economic Human Services Change 8 Manager”. Change Title ARP56 Impact: Pay & Manager Human Title Person has been hired for this Benefits for Services position. Human Services Workers 2.29-Loans or Grants to Program recommends giving Code 9 ARP14 Mitigate NCDC back $400,000. Move to $400,000 $400,000 Correction/NRP Financial available funds. Hardship Total Dollar amount of De-obligated funds back to Available $866,908 City Manager John L. Salomone RESOLUTION #5 Relative to approval of new American Rescue Plan Act allocations. RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH, that the following ARPA allocations be approved: Existing Project # and Requested City Manager ARPA Exp. Code Brief Description Dept/ Amount, if No. Amount recommendation Entity applicable Security Camera Systems 1.7 Public Health- Overhaul for the City IT $150,000 $0 1 other expenses Buildings Department N/A 2.37- Negative Economic Slater Roof replacement- $120,000 $0 2 Impacts: Other project overruns NFA-Slater ARP52 Economic Museum $200,000 Assistance 2.22-Negative Economic Transportation assistance Impacts-Strong $30,000 $30,000 for Seniors Human 3 healthy ARP42 $20,000 Services communities 2.34- Negative 1. Replace self-check unit Economic $10K Impacts- $18,000 $18,000 2. Fund Citizen classes 4 Assistance to Otis Library ARP17 $50,000 $8K. Non-profits 2.34- Negative Economic Katie Blair House: replace Impacts- windows & program $38,000 $38,000 Safe Assistance to supplies N/A 5 Futures, Inc Non-profits 1.11- Public Armored Rescue Vehicle- Health-Community Rescues due to Police $350,000 $0 6 Violence gunfire/natural disasters. Department N/A Interventions Existing Project # and Requested City Manager No. ARPA Exp. Code Brief Description Dept/Entity Amount, if Amount Recommendation applicable 1.11- Public Firearms Health-Community replacement/transition to Police $150,000 $150,000 Violence 7 9mm with optical sights Department N/A Interventions 2.37- Negative Little Plains Park Fence Economic Public $50,000 $50,000 8 repairs N/A Impacts-Other Works 2.34-Negative Economic Remodel of bathrooms and St. Vincent Impacts- $250,000 $80,000 9 showers dePaul N/A Assistance to Non-Profits 2.37- Negative PR, Outreach & Marketing $100,000 10 Economic $0 Specialist for one year NCDC N/A (Est) Impacts-Other 2.23- Negative Economic Repurposing of funds Habitat for ARP16 11 Impacts: Demo & already allocated and add $200,000 $0 Humanity $1,200,000 Rehab of purchasing of land plus fees Properties ARP46 $1,240,000 to 6.1- Revenue Balance General Fund 12 City Hall balance Gen $1,000,000 $1,000,000 Replacement budget for FY23-24 Fund budget FY22-23 2.37- Negative Economic YMCA Project matching City 13 Impacts: Other N/A $400,000 $400,000 funds Manager Economic Assistance BALANCE TO 14 $781,719 $781,719 CONTINGENCY Total Amount in Dollars $3,637,719 $2,547,719 City Manager John L. Salomone NEW BUSINESS ORDINANCE #1 COUNCIL ORDINANCE AN ORDINANCE APPROPRIATING $2,500,000 FOR COSTS OF THE DESIGN AND CONSTRUCTION OF A LEAD COPPER SERVICE LINE REPLACEMENT PROGRAM IN THE CITY OF NORWICH, AUTHORIZING THE ISSUANCE OF $2,500,000 REVENUE BONDS OF THE CITY SECURED SOLELY BY WATER REVENUE TO MEET SAID APPROPRIATION, AND AUTHORIZING THE CITY AND DEPARTMENT OF PUBLIC UTILITIES TO ENTER INTO GRANT AND LOAN AGREEMENTS AND A JOINT 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 $2,500,000 is appropriated for the costs of the design and construction of a lead copper service line (“LSL”) replacement program, including, but not limited to, the replacement of all LSL’s in the City of Norwich, Connecticut, and all related site work, easements, land acquisition, materials, installation and deployment costs, and such additional improvements as may be accomplished within said appropriation provided herein, and including all administration, advertising, printing, legal, and financing costs as more fully set forth in this Ordinance (hereafter the “Project”) as shall be determined by the City of Norwich Department of Public Utilities (the “Department”). Said appropriation shall be inclusive of State and Federal grants in aid thereof. The Department 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 thirty years. The total estimated cost of the Project is $2,500,000. $2,500,000 of the total Project cost is estimated to be financed by or through the State of Connecticut pursuant to its Clean Water Fund Program (as hereinafter defined), through a subsidized interest loan and grants, if applicable. 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, the Comptroller - acting on behalf of the City herein - and General Manager of the City of Norwich Department of Public Utilities - acting on behalf of the Department and the Board of Public Utilities Commissioners (hereafter the “Board”) herein - (the “Issuer Officials”) and the amount of bonds of each series to be issued shall be fixed by 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 the Issuer Officials bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by 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 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 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 the Issuer Officials, in accordance with the Joint Resolution. In the case of Parity Indebtedness as defined in the Joint Resolution between the City of Norwich and the Board (as hereinafter defined as the “Joint Resolution”), 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 Section 7-244a of the General Statutes of Connecticut, as amended. The amount of such notes to be issued, if any, shall be determined by 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) 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 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 is hereby authorized, on behalf of the City and the Board, to enter into any other agreements, instruments, documents and certificates for the consummation of the transactions contemplated by this Ordinance. The General Manager of the Department is hereby authorized, on behalf of the City and the Board, to apply for and accept any and all Federal and State grants for the Project, 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 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 $2,500,000. 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 water system revenues; or (iv) promissory notes, bonds or other obligations made payable to the United States of America to meet any portion of the costs of the Project determined by the federal government, including acting through the Rural Utility Service of the United States Department of Agriculture (“USDA”) or other federal program or agency, to be eligible for loan and/or grant monies; 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 a Project Grant and Project Loan Agreement, at any time shall not exceed $2,500,000. Section 4. (i) Bonds, temporary notes, or water 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 water 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 water system, including use charges, connection charges, benefit assessments or any combination thereof, investment income derived there from, or other property of the water system or revenue derived from the operation of the water system in accordance with the Joint 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 water system specifically pledged therefore. (ii) The bonds authorized to be issued by section 3 shall be, issued and secured pursuant to the Joint Resolution approved by the City Council on August 7, 2000, and the Board on July 17, 2000, as amended, and as supplemented by various supplemental Resolutions adopted pursuant to the Joint Resolution, and which is hereby ratified, confirmed and approved in its entirety, including without limitation, the rate and revenue covenants therein. The Board irrevocably agrees to comply with the provisions of the Joint 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 Joint Resolution the City and the Board 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 Joint Resolution and which are necessary, convenient or advisable in connection with the issuance of the Bonds and their marketability. The Issuer Officials are hereby authorized to execute and deliver on behalf of the City and the Board 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) The Issuer Officials on behalf of the City and the Board are authorized to agree to additional terms and to delete or change existing terms and otherwise amend the form of Joint Resolution in order to obtain 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 water funds or fund balance or water 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 water revenues to pay for obligations issued by third parties, and provisions of a similar and different nature to those in the Joint 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 State or Federal grant or low interest loan program, including but not limited to the Clean Water Fund and Federal Department of Agriculture Programs. The Issuer Officials are hereby authorized, in addition to the General Resolution, to execute and deliver on behalf of the Issuer and the Board 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 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. A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds. If the Bonds are sold by negotiation, the Issuer Officials, are authorized to execute a purchase agreement on behalf of the City and Board containing such terms and conditions as they deem appropriate and not inconsistent with this Ordinance. Section 7. Resolution of Official Intent to Reimburse Expenditures with Borrowings. 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 sixty days prior to and after the date of passage of this Resolution 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 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 City of Norwich Department of Public Utilities 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, 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. 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 Board. Mayor Peter Albert Nystrom President Joseph A. DeLucia Alderwoman Stacy Gould

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