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City Council

Regular Meeting

Norwich, CT · August 19, 2024

AgendaMinutes

Minutes

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 The regular meeting of the Council of the City of Norwich was held August 19, 2024 at 7:32 PM in Council Chambers. Present: Mayor Nystrom, President Pro Tem DeLucia, Ald. Gould, Ald. Bettencourt, and Ald. Nash. With Ald. Hayes, and Ald. Singh attended remotely. City Manager John Salomone, and Corporation Counsel Michael Driscoll were also in attendance. Mayor Nystrom presided. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. Ald. Bettencourt read the opening prayer and Ald. Gould led the members in the Pledge of Allegiance. Mayor Nystrom read and presented the Norwich Sea Unicorns the following proclamation. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Mayor Nystrom called for citizen comment general. Gregg Grippo, 209 Boswell Ave., spoke with concern about the narrow roads in Mohegan Park looking for some kind of remedy to make the roads safer for cars and pedestrians. Brian Kobylarz, 16 Hobart Ave., complained about someone from a former meeting giving a nickname during public comment and by not stating their full name and address for archival purposes of the meeting. Stating that the minutes are not following the rules and feels it is a problem. Clara Aubin, 94 Sherwood Ln., referenced the need for new schools and a police station. She presented the idea of having police precincts attached to the new schools as a cost savings effort. Norwich Resident – refused to say his name and address stating it is not the “Law” and he does not have to give that information. He stated he has the right to freedom of speech. (Mayor Nystrom identified the speaker as Pietro “Rocky” Camardella, of Lambert Drive during the 3 minutes). Frederick Browning, 671 Scotland Rd., cautioned the closing of Lawler Lane with respect to slower emergency response times, school bus routes being interrupted and the possibility of road flooding issues. Edie Piscatelli, 44 Wales Rd., questioned when more information maps etc. would be made available to the public on the closing of Lawler Lane. Joanne Philbrick, 10 Elm Ave., commended the Police and Fire Chiefs for responding in a timely manner to her questions and concerns on a regular basis. She also spoke in concern about the rising number of abandoned buildings in Norwichtown and other parts of the city. Jeff Blayman, 260 Hamilton Ave., spoke in support of the baseball stadium. He feels that if the closing of Lawler Lane would bring in and encourage development then it is necessary in moving the City forward and bringing taxes down. Susan Jacobson, 256 Lawler Ln., cautioned the closure of Lawler Lane causing the delay of response times of emergency vehicles in that area. Rodney Bowie, 62 Roosevelt Ave., can not understand why the citizens of Norwich voted in the $385,000,000 school building project stating it will cost approximately$10,000 per citizen to pay for it. Edie Piscatelli, 44 Wales Rd., requested that the City promote places of interest in Norwich stating we have many that are never talked about. There being no further speakers Mayor Nystrom declared the citizen comment closed. Mayor Nystrom called for the following public hearing on AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO DECREASE THE SCOPE OF THE PROJECT AND DECREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $342,000,000. Mike Faenza, 4 White Oak Trail, School Building Project Manager explained how they got to the decision to stay within the original $385,000,000 proposal for the school building projects. Joanne Philbrick, 10 Elm Ave., spoke in confusion of how the decision was made to stay with the original budgeted amount wondering if the demographics will change in the future. Nicholas Casiano, 27 Maplewood Ct., cautioned the Council about the possibility of cost overruns on the school building projects. There were no speakers. Mayor Nystrom called for the following public hearing on AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO INCREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $435,000,000. Edie Piscatelli, 44 Wales Rd., questioned the plans and locations of the School Building Project. There were no speakers. Mayor Nystrom called for the following public hearing on the curb reimbursement program with the City of Norwich to construct concrete sidewalks. Joanne Philbrick, 10 Elm Ave., questioned how this program works and stated her neighbors had sidewalks installed that are not consistent with what is on the street. There were no speakers. Upon a motion of Ald. Gould, seconded by Ald. Nash, on a roll call vote it was unanimously voted to withdraw the following ordinance introduced by Mayor Nystrom, Ald. Gould and Ald. Nash. AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO DECREASE THE SCOPE OF THE PROJECT AND DECREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $342,000,000 WHEREAS, on November 8, 2022, the voters of the City of Norwich (the “City”) approved an ordinance entitled AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” (the “Prior Ordinance”) for the design, construction, furnishing and equipping of (i) four new elementary schools on the grounds of the Moriarty Environmental Sciences Magnet School, the John B. Stanton School, the Uncas School and the former Greeneville School, (ii) the renovation to “as new” of the existing Teachers Memorial Global Studies Magnet Middle School or the construction of a new middle school on the site of the existing Teachers Memorial Global Studies Magnet Middle School, and (iii) the conversion and renovation of the Samuel Huntington School to accommodate central offices, including school administration, transportation and facilities offices, and adult education (the “Prior Projects”); and WHEREAS, after additional cost estimates for the Prior Projects were completed, it was determined that the Project could not be completed for the original appropriation and bond authorization of $385,000,000 because of effects from existing Prior Project site conditions, the current inflationary environment, supply chain shortages, and other economic factors; WHEREAS, the City Council has determined to decrease the scope of the Prior Project and decrease the appropriation and bond authorization to $342,000,000; and WHEREAS, the Prior Ordinance shall be amended and restated as set forth below with the changed portions of the Prior Ordinance set forth in cross marks representing deletions and bold representing additions: AN ORDINANCE APPROPRIATING $342,000,000 $385,000,000 FOR THE CITY OF NORWICH ELEMENTARY SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $342,000,000 $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $342,000,000 $385,000,000 is appropriated for the City of Norwich Elementary School Construction Program. Such Program includes (i) the construction of four new elementary schools in the City of Norwich on the grounds of the Moriarty Environmental Sciences Magnet School, the John B. Stanton School, the Uncas School and the former Greeneville School, (ii) the renovation to “as new” of the existing Teachers Memorial Global Studies Magnet Middle School or the construction of a new middle school on the site of the existing Teachers Memorial Global Studies Magnet Middle School, and (iii) the conversion and renovation of the Samuel Huntington School to 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 accommodate central offices, including school administration, transportation and facilities offices, and adult education. The appropriation may be spent for planning, design, acquisition, installation, demolition and construction costs, equipment, furnishings, materials, athletic fields, playgrounds, traffic, parking, sidewalks, lighting, utilities, site improvements, surveys, architects’ fees, engineering fees, remediation, project management and contract administration costs, insurance and bonding costs, grant application and administration costs, moving and relocation costs, contingencies, consultants, training, testing, legal, administrative, financing and other costs related thereto as may be accomplished within said appropriation (collectively, the “Projects”). Said appropriation shall be inclusive of state and federal grants in aide thereof, including State of Connecticut (the “State”) school building project grants to offset in part the cost of the Projects. Section 2. The expected useful lives of the Projects are in excess of thirty (30) years. The total estimated cost of the Projects is $342,000,000 $385,000,000. The City of Norwich (the “City”) anticipates that it will receive State school building project grants for the Projects in the estimated amount of approximately $204,000,000 $232,000,000, equaling a blended rate of approximately 73% 67.14% of the eligible costs of the Projects described in items (i) and (ii) in Section 1 above and approximately 38.57% of the eligible costs of the Projects described in item (iii) of Section 1 above. The Projects are a general benefit to the City and its general governmental purposes. Section 3. To meet said appropriation $342,000,000 $385,000,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the thirtieth (30th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, including the authority to enter into agreements managing interest rate risk. The City Manager and Comptroller, on behalf of the City, shall execute and deliver such reimbursement agreements, letter of credit agreement, credit facilities, remarketing, standby marketing agreements, standby bond 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 purchase agreements, and any other commercially necessary or appropriate agreements which are necessary, appropriate or desirable in connection with or incidental to the sale and issuance of such bonds or notes. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. The Board of Education, the Norwich School Building Committee, the Mayor, the City Manager, the Comptroller and any other proper Board of Education or City official are each hereby authorized to apply for and accept any available State or federal grant in aid of the financing of the Project, and to take all action necessary or proper in connection therewith. Section 8. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Section 9. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 10. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 11. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law. Section 12. The City Manager and Comptroller are hereby authorized to prepare and distribute preliminary and final Official Statements of the City, to execute and deliver on behalf of the City all such other documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Projects in accordance with the provisions of the Statutes and the laws of the United States. Section 13. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended and Restated” at the top, and filed with the minutes of the Meeting at which this ordinance is adopted. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. Section 14. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. If this ordinance is not adopted by the City Council and approved at referendum, then the Prior Ordinance shall remain in effect. Upon a motion of Pres. Pro Tem DeLucia, seconded by Ald. Hayes, on a roll call vote it was unanimously voted to withdraw the following ordinance introduced by Pres. Pro Tem DeLucia and Ald. Hayes. AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO INCREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $435,000,000 WHEREAS, on November 8, 2022, the voters of the City of Norwich (the “City”) approved an ordinance entitled AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” (the “Prior Ordinance”) for the design, construction, furnishing and equipping of (i) four new elementary schools on the grounds of the Moriarty Environmental Sciences Magnet School, the John B. Stanton School, the Uncas School and the former Greeneville School, (ii) the renovation to “as new” of the existing Teachers Memorial Global Studies Magnet Middle School or the construction of a new middle school on the site of the existing Teachers Memorial Global Studies Magnet Middle School, and (iii) the conversion and renovation of the Samuel Huntington School to accommodate central offices, including school administration, transportation and facilities offices, and adult education (the “Projects”); and WHEREAS, after additional cost estimates for the Projects were completed, it was determined that the City will need an additional $50,000,000 because of effects from existing Project site conditions, the current inflationary environment, supply chain shortages, and other economic factors; WHEREAS, in order to account for the additional costs of the Project, the City Council has determined to increase the appropriation and bond authorization in the Prior Ordinance to $435,000,000; and WHEREAS, the Prior Ordinance shall be amended and restated as set forth below with the changed portions of the Prior Ordinance set forth in cross marks representing deletions and bold representing additions: AN ORDINANCE APPROPRIATING $435,000,000 $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $435,000,000 $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 15. The sum of $435,000,000 $385,000,000 is appropriated for the City of Norwich School Construction Program. Such Program includes (i) the construction of four new elementary schools in the City of Norwich on the grounds of the Moriarty Environmental Sciences Magnet School, the John B. Stanton School, the Uncas School and the former Greeneville School, (ii) the renovation to “as new” of the existing Teachers Memorial Global Studies Magnet Middle School or the construction of a new middle school on the site of the existing Teachers Memorial Global Studies Magnet Middle School, and (iii) the conversion and renovation of the Samuel Huntington School to accommodate central offices, including school administration, transportation and facilities offices, and adult education. The appropriation may be spent for planning, design, acquisition, installation, demolition and construction costs, equipment, furnishings, materials, athletic fields, playgrounds, traffic, parking, sidewalks, lighting, utilities, site improvements, surveys, architects’ fees, engineering fees, remediation, project management and contract administration costs, insurance and bonding costs, grant application and administration costs, moving and relocation costs, contingencies, 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 consultants, training, testing, legal, administrative, financing and other costs related thereto as may be accomplished within said appropriation (collectively, the “Projects”). Said appropriation shall be inclusive of state and federal grants in aide thereof, including State of Connecticut (the “State”) school building project grants to offset in part the cost of the Projects. Section 16. The expected useful lives of the Projects are in excess of thirty (30) years. The total estimated cost of the Projects is $435,000,000 $385,000,000. The City of Norwich (the “City”) anticipates that it will receive State school building project grants for the Projects in the estimated amount of approximately $278,000,000 $232,000,000, equaling a blended rate of approximately 69% 67.14% of the eligible costs of the Projects described in items (i) and (ii) in Section 1 above and approximately 38.57% of the eligible costs of the Projects described in item (iii) of Section 1 above. The Projects are a general benefit to the City and its general governmental purposes. Section 17. To meet said appropriation $435,000,000 $385,000,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the thirtieth (30th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, including the authority to enter into agreements managing interest rate risk. The City Manager and Comptroller, on behalf of the City, shall execute and deliver such reimbursement agreements, letter of credit agreement, credit facilities, remarketing, standby marketing agreements, standby bond purchase agreements, and any other commercially necessary or appropriate agreements which are necessary, appropriate or desirable in connection with or incidental to the sale and issuance of such bonds or notes. Section 18. 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. 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Section 19. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 20. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 21. The Board of Education, the Norwich School Building Committee, the Mayor, the City Manager, the Comptroller and any other proper Board of Education or City official are each hereby authorized to apply for and accept any available State or federal grant in aid of the financing of the Project, and to take all action necessary or proper in connection therewith. Section 22. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 23. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 24. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 25. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law. Section 26. The City Manager and Comptroller are hereby authorized to prepare and distribute preliminary and final Official Statements of the City, to execute and deliver on behalf of the City all such other documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Project in accordance with the provisions of the Statutes and the laws of the United States. Section 27. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended and Restated” at the top, and filed with the minutes of the Meeting at which this ordinance is adopted. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. Section 28. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. If this ordinance is not adopted by the City Council and approved at referendum, then the Prior Ordinance shall remain in effect. Upon a motion of Ald. Gould, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to accept the following petition and communication. JOSHUA A. POTHIER, C.P.A. 100 Broadway Room 105 COMPTROLLER Norwich, CT 06360-4431 Phone: (860) 823-3720 www.norwichct.org/finance Fax: (860) 823-3812 jpothier@cityofnorwich.org August 9, 2024 To: Mayor Peter A. Nystrom and Members of the Norwich City Council through City Manager John Salomone Explanation of Proposed 2023-24 Additional Budget Appropriations and Summary of General Fund, CCD, and TCD Budget-to- Actual Results There is an ordinance for the August 19, 2024 agenda to make additional appropriations for fiscal year 2023- 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 24. This memo explains these additional appropriations and summarizes the net impact of the unaudited operating results on the fund balances of these three funds. General Fund Revenues Collections of conveyance taxes, building permit revenues, land recording fees and interest income have been very strong this year. Altogether, General Fund revenues will be approximately $1.7 million over budget estimates for fiscal year 2023-24. Expenditures In the May 14, 2024 Business Administrators Report to the Board of Education, Robert Sirpenski gave an estimated operating deficit of $3.5 to $3.8 million over the BOE’s $89.5 million budget. The primary reasons for the deficit are special education and transportation costs. Since then, the estimated deficit has increased to $5.0 million. This deficit will be partially funded by using the remaining $1.4 million balance in the BOE Nonlapsing Account – leaving approximately $3.6 million – a 4.05% budget variance – to be absorbed by the General Fund through an additional appropriation. The non-education departments’ budgets will be approximately $1 million under budget. Unassigned Fund Balance The 2023-24 adopted budget did not include an appropriation of General Fund unassigned fund balance (UFB). The General Fund UFB will decrease $0.9 million which will put the balance at $20.0 million, or 13.4% of annual operating expenditures for the fiscal year ending June 30, 2024. The current target range for General Fund UFB is 12%-17%. City Consolidation District Revenues Revenues are projected to be approximately $85,000 higher than the 2023-24 budget. Expenditures The CCD will need an additional appropriation of $139,100 due to increased overtime and replacement costs. This represents a 1.60% budget variance. Unassigned Fund Balance The 2023-24 adopted budget did not include an appropriation of CCD unassigned fund balance (UFB). The CCD UFB will decrease approximately $54,000 which would put the balance around $136,000, or 1.6% of annual operating expenditures for the fiscal year ending June 30, 2024. The City does not have a policy for the UFB level of this fund, but, in my opinion, a balance of 8% is an adequate level for a fund with moderate levels of risk like the CCD. 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Town Consolidation District Revenues Revenues are approximately $3,000 higher than the 2023-24 budget. Expenditures Volunteer Firefighter Property Tax Abatement costs were $8,000 lower than anticipated. Unassigned Fund Balance The 2023-24 adopted budget did not include an appropriation of TCD UFB. The TCD UFB will increase by $11,000 which will bring the TCD’s UFB to $81,000, or 15.6% of annual operating expenditures for the fiscal year ending June 30, 2024. The City does not have a policy for the UFB level of this fund, but, in my opinion, a balance of 5% is an adequate level for a fund with low levels of risk like the TCD. Upon a motion of Ald. Gould, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to accept the following petition and communication. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Upon a motion of Ald. Gould, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to accept the following petition and communication. 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Upon a motion of Ald. Gould, seconded by Ald. Nash on a roll call vote it was unanimously voted to accept the following petition and communication. 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Upon a motion of Ald. Gould, seconded by Ald. Nash on a roll call vote it was unanimously voted to accept the following petition and communication. 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 City Managers Report To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: August 19, 2024 Meetings attended were NPU-City Coordination Meeting, NCDC Board of Directors meeting, CIF Stakeholder Meeting, and CT Main Street Center’s (CMSC) Accelerator Check presentation. NCDC and the City of Norwich collaborated for over six months through the Main Street Accelerator Program, resulting in a $5,000 grant from the Connecticut Main Street Center, to help improve wayfinding signage downtown. I also attended Congressman Courtney’s visit to the Norwich Fire Department last Monday to discuss the recent Assistance to Fire Grants Operations and Safety Awards received for education programs and equipment. The approved budget is $282,450 -$256,773 in Federal funds supplemented by $25,667 City of Norwich 10% match. The Board of Assessment Appeals will be meeting regarding motor vehicles on September 12th from 4:30 pm to 5:30 pm at City Hall. Applications are needed and can be obtained at the Assessor’s office. Personal property declarations for all business owners will be mailed out before October 1st. The City’s street paving in August will include Jones Court #1 and #2, Gardner Acres Road, Thomas Avenue and Lexington Avenue. All three Divisions of Human Services partnered with the Norwich Interfaith Association to serve 75 Community Meals on August 11th. Youth, Family, and Recreation just released their Fall Program Book and registration is now open. Adult and Family Services along with the Community Care Team will be having discussion with representatives from The 119 Commission on August 21st. The Connecticut Conference of Municipalities (CCM) 119K Commission was formed to address at-risk and disconnected youth and brings together municipal leaders from across the state to address Connecticut’s unspoken crisis which threatens every town and city. The Office of Community Development has applied for another Lead Hazard Reduction Grant which also has Healthy Homes Supplemental funding for other issues such as radon testing, pest infestation, mold and other housing issues. The City will know whether they have been awarded the funds by early November. The Staff is in the process of closing out the existing Lead Hazard grant. The funds from the new grant are projected to make 85 units lead safe. Upon a motion of Ald. Bettencourt, seconded by Ald. Nash, on a roll call vote it was unanimously voted to put the following resolution introduced by Mayor Nystrom, Pres. Pro Tem DeLucia, Ald Bettencourt, Ald. Gould and Ald. Nash on the floor. Upon a motion of Pres. Pro Tem DeLucia, seconded by Ald. Bettencourt, on a roll call vote it was unanimously voted to reconsider the following resolution. Upon a motion of Pres. Pro Tem DeLucia, seconded by Ald. Gould, on a roll call vote it was unanimously voted to amend the date of the Public Hearing from “September 17, 2024” to “September 16, 2024” on the following resolution. 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Upon a motion of Ald. Bettencourt, seconded by Ald Nash, on a roll call vote it was unanimously voted to adopt the following resolution. WHEREAS, the Council of the City of Norwich proposes to discontinue the use as a highway of a portion of Lawler Lane from the Northwest corner of 185 Lawler Lane to the Southeast corner of 256 Lawler Lane, a distance of approximately 1,500 feet; and WHEREAS, pursuant to Connecticut General Statute §13a-49, the City Council may discontinue any portion of a road; and WHEREAS, pursuant to Connecticut General Statute §13a-49, due notice will be given to all Landowners abutting the proposed portion of Lawler Lane area to be discontinued; said notice to be published in a newspaper of general circulation in Norwich and a sign will be posted at the location of the discontinued portion; and WHEREAS, the Council of the City of Norwich will refer the matter to the Commission on the City Plan for appropriate review and report. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich, authorizes and directs City Manager, John Salomone, to provide it necessary assistance as it undertakes the process to discontinue a portion of Lawler Lane from the Northwest corner of 185 Lawler Lane to the Southeast corner of 256 Lawler Lane, a distance of approximately 1,500 feet to be shown on a survey map to be prepared by Boundaries, LLC, reserving to the City of Norwich and to the Norwich Department of Public Utilities all rights to enter upon the same to maintain and install drainage and to maintain and install other public utilities, said process to be in accordance with the procedure as set forth in Conn. Gen. Stat, Section 13a-49, et. Seq; and BE IT FURTHER RESOLVED by the Council of the City of Norwich that this resolution be referred to the Commission on the City Plan for appropriate review and report, and the date for action by the Council of the City of Norwich be established as September 16, 2024. 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 Pres. Pro Tem DeLucia, Ald. Gould and Ald. Nash. WHEREAS, the property owners listed below want to participate in the curb reimbursement program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: Property owners will construct a concrete sidewalk with granite curb on the following properties and the City of Norwich will reimburse them $50.00 per linear foot of concrete sidewalk installed. 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Name Address Estimate Soulor Pond LLC 20 Oak Street $4925.00 Solour Pond LLC 22 Oak Street $1910.00 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Capital Improvement Fund #3602 and the Sidewalk Fund, #2858, and that a public hearing be set for the second meeting of the City Council on August 19, 2024. The estimated city’s cost for curbing and miscellaneous construction items is $6835.00. 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 the following new business resolutions. There being no speakers, Mayor Nystrom declared citizen comment closed. 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, Pres. Pro Tem DeLucia and Ald. Gould. WHEREAS, the Connecticut Department of Economic and Community Development, acting pursuant to Connecticut General Statute §32-763 has awarded and submitted to Norwich a proposal for assistance to support Norwich’s plans to remediate and demolish structures on a site located at Fifth Street End of the Canal, Norwich, CT 06360 as more particularly described in a letter dated July 24, 2024 together with an Assistance Proposal both of which are attached hereto as Exhibit A and Exhibit A-1; and WHEREAS, pursuant to this proposal the City of Norwich will receive $4 million in grant funds to be used by it for completion of a Remedial Action Plan and Asbestos Work Plan, and the demolition of certain buildings and structures on the property to enable a Redevelopment Project as described in the documents; and WHEREAS, the Council of the City of Norwich finds it will be in the best interest of the City of Norwich to accept these grant funds to be used as required and agreed to by the city and the State of Connecticut for Brownfield Clean-up as the initiation of a Redevelopment Project. 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 sign the letter described herein sent to him by Deputy Commissioner Matthew Pugliese and return the same to the deputy commissioner; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City and Town Clerk Roseanne Muscarella be and hereby is authorized and directed to prepare a certified 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 resolution of this action of the Council of the City of Norwich to return to Deputy Commissioner Matthew Pugliese with the signed letter. 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 28 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 29 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 30 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 31 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 32 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 33 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 34 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 35 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 36 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 37 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 38 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 39 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH AUGUST 19, 2024 Upon a motion of Ald. Gould, seconded by Ald. Nash, on a roll call vote it was unanimously voted to waive the full reading of the following ordinance and incorporate the full text into the minutes and schedule a public hearing for September 3, 2024 introduced by Pres. Pro Tem DeLucia. AN ORDINANCE REGARDING ADDITIONAL FISCAL YEAR 2023-24 APPROPRIATIONS FOR THE GENERAL FUND AND CITY CONSOLIDATION DISTRICT WHEREAS, Norwich Public Schools expended $3,622,786 in excess of its fiscal year 2023-24 General Fund appropriation as a result of higher than anticipated special education tuition and transportation costs; WHEREAS, the City Consolidation District’s (“CCD”) overtime and replacement costs for fiscal year 2018-19 are $136,100 higher than anticipated compared to the adopted 2023-24 budget for the CCD; and WHEREAS, the General Fund and CCD have adequate levels of unassigned fund balance (“UFB”) to absorb the impact of the budget variances described above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT the fiscal year 2023-24 appropriations for the General Fund and CCD be, and hereby are, increased by the sums of $3,622,786 and $136,100, respectively, for the reasons set forth above. Purpose: To increase the appropriations of the General Fund and City Consolidation District for projected expenditures in excess of the adopted 2023-24 budget. Upon motion of Ald. Gould, seconded by Ald. Nash on a roll call vote it was unanimously voted to adjourn at 8:47 pm. City Clerk 40

Agenda

AGENDA – MEETING OF THE COUNCIL OF THE CITY OF NORWICH August 19, 2024 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. The meeting of the Council will seek to comply with the directives of Executive Order 7B-1 issued by Governor Ned Lamont on March 14, 2020, together with any Executive orders and statutes subsequently issued which pertain to such meetings. The Mayor, members of the City Council, the City Manager, City Clerk, Comptroller and Corporation Counsel shall be present in person or participate remotely by conference call, video conference or other technology. The meeting shall be televised on the Public Access Channel and posted on the city website, www.norwichct.org, in real time consistent with the Executive orders and statutes and the usual practices of the City of Norwich. PRAYER PLEDGE OF ALLEGIANCE PROCLAMATION 1. Norwich Sea Unicorns CITIZEN COMMENT GENERAL (30 Minutes) PUBLIC HEARINGS 1. AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO DECREASE THE SCOPE OF THE PROJECT AND DECREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $342,000,000 2. AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO INCREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $435,000,000 3. Relative to participation in a Cost Sharing Program with the City of Norwich to construct concrete sidewalks and set a public hearing for the second meeting on August 19, 2024. SECOND READING AND POSSIBLE ACTION ON THE ABOVE ORDINANCES PETITIONS AND COMMUNICATIONS 1. Memo regarding 2023-24 financial results. 2. Report from School Building 2020 Committee on AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO DECREASE THE SCOPE OF THE PROJECT AND DECREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $342,000,000. 3. Report from Board of Education on AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO DECREASE THE SCOPE OF THE PROJECT AND DECREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $342,000,000. 4. Report from School Building 2020 Committee on AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO INCREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $435,000,000. 5. Report from Board of Education on AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO INCREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $435,000,000. CITY MANAGER’S REPORT OLD BUSINESS RESOLUTIONS 1. Relative to reconsidering this resolution to amend the Public Hearing date regarding the process of closing a portion of Lawler Lane. 2. Relative to participation in a Cost Sharing Program with the City of Norwich to construct concrete sidewalks and set a public hearing for the second meeting on August 19, 2024. CITIZENS COMMENT ON NEW BUSINESS RESOLUTIONS (on agenda items only) NEW BUSINESS RESOLUTIONS 1. Relative to the City Manager being authorized and signing a letter to accept grant funds to be used as required and agreed by the City of Norwich and State of Connecticut for Brownfield Clean-up as the initiation of a Redevelopment Project. NEW BUSINESS ORDINANCE 1. AN ORDINANCE REGARDING ADDITIONAL FISCAL YEAR 2023-24 APPROPRIATIONS FOR THE GENERAL FUND AND CITY CONSOLIDATION DISTRICT EXECUTIVE SESSION City Clerk City Of Norwich Mayors Office Peter Albert Nystrom, Mayor PROCLAMATION WHEREAS, the Norwich Sea Unicorns provide affordable, fun, family oriented entertainment to thousands of fans each year at Dodd Stadium; and WHEREAS, the Norwich Sea Unicorns have captured the franchise's second Futures League championship with a 5-4 victory over the Westfield Starfires before a boisterous crowd at Dodd Stadium; and WHEREAS, Norwich Sea Unicorns outfielder, AJ Solier (NJIT) was voted the Championship Series Most Valuable Player; and WHEREAS, the Norwich Sea Unicorns led by Manager Kevin Murphy, Assistant Coach’s Ryan Hyde, Noah Plantamuro, Luke Broadhurst, Andy Black, Bruce Cobb, players Hector Alejandro, Michael Belcher, Vincent Borghese, Luke Cardman, Giovanni Conte, Gavin Hawkes, Timothy Lewis, Justin Marks, Mac Meara, Jimmy Mulvaney, Kaden Murphy, Ryan O’Connell, Bryson Plante, Mike Poncini, Callen Powers, Tiernan Powers, Tyler Rice, David Rodriguez, AJ Rooks, Teo Spadaccini, Aidan Baglino, Connor Lane, Michael Oates, Owen Turner, MD Conner, Alex Irizarry, Aydan McNelly, Anthony Tirado, Nick Tomasetto, Bo Yaworski, Shaun Callahan, Chris Carson, Kaiden Dossa, Antonio Ducatelli, Alan Porter III, Andrew James Soldra, Jack Sweeney, Christian Stratis, Nick Sturino, Peter Link; and WHEREAS, we thank owner Miles Prentice, General Manager Lee Walter Jr, Assistant General Manager Heather Bartlett, Michael Neville, Reade Kirby, KC Collins, Christopher Green, Tyler Walter, and Edwin Alers, ,for their diligent work to support the Norwich Sea Unicorns; and WHEREAS, on Sunday, August 11, 2024 the Norwich Sea Unicorns made baseball history in the Rose City by winning the Futures League Championship, by working together and listening to their coaches and gave Norwich quite a gift, another championship win. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, JOSEPH A. DELUCIA, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby recognize and congratulate Norwich Sea Unicorns for their outstanding accomplishments winning their second title, Futures League Championship, and do hereby proclaim today, August 19, 2024 as “Norwich Sea Unicorns Day” in the Rose City. Dated this Nineteenth day of August, 2024 Peter Albert Nystrom Joseph A. DeLucia Mayor President Pro Tem PUBLIC HEARING #1 Council’s Amended and Restated Ordinance AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO DECREASE THE SCOPE OF THE PROJECT AND DECREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $342,000,000 WHEREAS, on November 8, 2022, the voters of the City of Norwich (the “City”) approved an ordinance entitled AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” (the “Prior Ordinance”) for the design, construction, furnishing and equipping of (i) four new elementary schools on the grounds of the Moriarty Environmental Sciences Magnet School, the John B. Stanton School, the Uncas School and the former Greeneville School, (ii) the renovation to “as new” of the existing Teachers Memorial Global Studies Magnet Middle School or the construction of a new middle school on the site of the existing Teachers Memorial Global Studies Magnet Middle School, and (iii) the conversion and renovation of the Samuel Huntington School to accommodate central offices, including school administration, transportation and facilities offices, and adult education (the “Prior Projects”); and WHEREAS, after additional cost estimates for the Prior Projects were completed, it was determined that the Project could not be completed for the original appropriation and bond authorization of $385,000,000 because of effects from existing Prior Project site conditions, the current inflationary environment, supply chain shortages, and other economic factors; WHEREAS, the City Council has determined to decrease the scope of the Prior Project and decrease the appropriation and bond authorization to $342,000,000; and WHEREAS, the Prior Ordinance shall be amended and restated as set forth below with the changed portions of the Prior Ordinance set forth in cross marks representing deletions and bold representing additions: AN ORDINANCE APPROPRIATING $342,000,000 $385,000,000 FOR THE CITY OF NORWICH ELEMENTARY SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $342,000,000 $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $342,000,000 $385,000,000 is appropriated for the City of Norwich Elementary School Construction Program. Such Program includes (i) the construction of four new elementary schools in the City of Norwich on the grounds of the Moriarty Environmental Sciences Magnet School, the John B. Stanton School, the Uncas School and the former Greeneville School, (ii) the renovation to “as new” of the existing Teachers Memorial Global Studies Magnet Middle School or the construction of a new middle school on the site of the existing Teachers Memorial Global Studies Magnet Middle School, and (iii) the conversion and renovation of the Samuel Huntington School to accommodate central offices, including school administration, transportation and facilities offices, and adult education. The appropriation may be spent for planning, design, acquisition, installation, demolition and construction costs, equipment, furnishings, materials, athletic fields, playgrounds, traffic, parking, sidewalks, lighting, utilities, site improvements, surveys, architects’ fees, engineering fees, remediation, project management and contract administration costs, insurance and bonding costs, grant application and administration costs, moving and relocation costs, contingencies, consultants, training, testing, legal, administrative, financing and other costs related thereto as may be accomplished within said appropriation (collectively, the “Projects”). Said appropriation shall be inclusive of state and federal grants in aide thereof, including State of Connecticut (the “State”) school building project grants to offset in part the cost of the Projects. Section 2. The expected useful lives of the Projects are in excess of thirty (30) years. The total estimated cost of the Projects is $342,000,000 $385,000,000. The City of Norwich (the “City”) anticipates that it will receive State school building project grants for the Projects in the estimated amount of approximately $204,000,000 $232,000,000, equaling a blended rate of approximately 73% 67.14% of the eligible costs of the Projects described in items (i) and (ii) in Section 1 above and approximately 38.57% of the eligible costs of the Projects described in item (iii) of Section 1 above. The Projects are a general benefit to the City and its general governmental purposes. Section 3. To meet said appropriation $342,000,000 $385,000,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the thirtieth (30th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company 2 designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, including the authority to enter into agreements managing interest rate risk. The City Manager and Comptroller, on behalf of the City, shall execute and deliver such reimbursement agreements, letter of credit agreement, credit facilities, remarketing, standby marketing agreements, standby bond purchase agreements, and any other commercially necessary or appropriate agreements which are necessary, appropriate or desirable in connection with or incidental to the sale and issuance of such bonds or notes. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. The Board of Education, the Norwich School Building Committee, the Mayor, the City Manager, the Comptroller and any other proper Board of Education or City official are each hereby authorized to apply for and accept any available State or federal grant in aid of the financing of the Project, and to take all action necessary or proper in connection therewith. 3 Section 8. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 9. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 10. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 11. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law. Section 12. The City Manager and Comptroller are hereby authorized to prepare and distribute preliminary and final Official Statements of the City, to execute and deliver on behalf of the City all such other documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Projects in accordance with the provisions of the Statutes and the laws of the United States. Section 13. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended and Restated” at the top, and filed with the minutes of the Meeting at which this ordinance is adopted. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. Section 14. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. If this ordinance is not adopted by the City Council and approved at referendum, then the Prior Ordinance shall remain in effect. Mayor Peter Albert Nystrom Alderwoman Stacy Gould Alderman William Nash 4 PUBLIC HEARING #2 Council’s Amended and Restated Ordinance AN ORDINANCE AMENDING AND RESTATING ORDINANCE 1820 ENTITLED “AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” TO INCREASE THE APPROPRIATION AND BORROWING AUTHORIZATION TO $435,000,000 WHEREAS, on November 8, 2022, the voters of the City of Norwich (the “City”) approved an ordinance entitled AN ORDINANCE APPROPRIATING $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE” (the “Prior Ordinance”) for the design, construction, furnishing and equipping of (i) four new elementary schools on the grounds of the Moriarty Environmental Sciences Magnet School, the John B. Stanton School, the Uncas School and the former Greeneville School, (ii) the renovation to “as new” of the existing Teachers Memorial Global Studies Magnet Middle School or the construction of a new middle school on the site of the existing Teachers Memorial Global Studies Magnet Middle School, and (iii) the conversion and renovation of the Samuel Huntington School to accommodate central offices, including school administration, transportation and facilities offices, and adult education (the “Projects”); and WHEREAS, after additional cost estimates for the Projects were completed, it was determined that the City will need an additional $50,000,000 because of effects from existing Project site conditions, the current inflationary environment, supply chain shortages, and other economic factors; WHEREAS, in order to account for the additional costs of the Project, the City Council has determined to increase the appropriation and bond authorization in the Prior Ordinance to $435,000,000; and WHEREAS, the Prior Ordinance shall be amended and restated as set forth below with the changed portions of the Prior Ordinance set forth in cross marks representing deletions and bold representing additions: AN ORDINANCE APPROPRIATING $435,000,000 $385,000,000 FOR THE CITY OF NORWICH SCHOOL CONSTRUCTION PROGRAM, INCLUDING PROPERTY ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, INSTALLATION, REPAIR, RENOVATION AND ADDITION OF VARIOUS SCHOOL FACILITIES AND AUTHORIZING THE ISSUE OF $435,000,000 $385,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH: Section 1. The sum of $435,000,000 $385,000,000 is appropriated for the City of Norwich School Construction Program. Such Program includes (i) the construction of four new elementary schools in the City of Norwich on the grounds of the Moriarty Environmental Sciences Magnet School, the John B. Stanton School, the Uncas School and the former Greeneville School, (ii) the renovation to “as new” of the existing Teachers Memorial Global Studies Magnet Middle School or the construction of a new middle school on the site of the existing Teachers Memorial Global Studies Magnet Middle School, and (iii) the conversion and renovation of the Samuel Huntington School to accommodate central offices, including school administration, transportation and facilities offices, and adult education. The appropriation may be spent for planning, design, acquisition, installation, demolition and construction costs, equipment, furnishings, materials, athletic fields, playgrounds, traffic, parking, sidewalks, lighting, utilities, site improvements, surveys, architects’ fees, engineering fees, remediation, project management and contract administration costs, insurance and bonding costs, grant application and administration costs, moving and relocation costs, contingencies, consultants, training, testing, legal, administrative, financing and other costs related thereto as may be accomplished within said appropriation (collectively, the “Projects”). Said appropriation shall be inclusive of state and federal grants in aide thereof, including State of Connecticut (the “State”) school building project grants to offset in part the cost of the Projects. Section 2. The expected useful lives of the Projects are in excess of thirty (30) years. The total estimated cost of the Projects is $435,000,000 $385,000,000. The City of Norwich (the “City”) anticipates that it will receive State school building project grants for the Projects in the estimated amount of approximately $278,000,000 $232,000,000, equaling a blended rate of approximately 69% 67.14% of the eligible costs of the Projects described in items (i) and (ii) in Section 1 above and approximately 38.57% of the eligible costs of the Projects described in item (iii) of Section 1 above. The Projects are a general benefit to the City and its general governmental purposes. Section 3. To meet said appropriation $435,000,000 $385,000,000 bonds of the City, or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the thirtieth (30th) year after their date, or such later date as may be allowed by law. Said bonds may be issued in one or more series as shall be determined by the City Manager and the Comptroller, and the amount of bonds of each series to be issued shall be fixed by the City Manager and the Comptroller, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Comptroller, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the City Manager and the Comptroller, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company 2 designated by the City Manager and the Comptroller, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall bear such rate or rates of interest as shall be determined by the City Manager and the Comptroller. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds, annual installments of principal, redemption provisions, if any, the date, time of issue and sale and other terms, details and particulars of such bonds, shall be determined by the City Manager and the Comptroller in accordance with the requirements of the General Statutes of Connecticut, as amended (the “Statutes”). In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b of the Statutes, including the authority to enter into agreements managing interest rate risk. The City Manager and Comptroller, on behalf of the City, shall execute and deliver such reimbursement agreements, letter of credit agreement, credit facilities, remarketing, standby marketing agreements, standby bond purchase agreements, and any other commercially necessary or appropriate agreements which are necessary, appropriate or desirable in connection with or incidental to the sale and issuance of such bonds or notes. Section 4. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law. Section 5. Said bonds shall be sold by the City Manager and Comptroller in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be sold upon sealed proposals, auction or similar process, at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City. Section 6. The City Manager and the Comptroller are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the City Manager and the Comptroller, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the City Manager and the Comptroller, be certified by a bank or trust company designated by the City Manager and the Comptroller pursuant to Section 7-373 of the Statutes, and be approved as to their legality by Pullman & Comley, LLC, Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and shall be paid from property taxation to the extent not paid from other funds available for the payment thereof. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of said bonds the proceeds thereof, to the extent required, shalt be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 7. The Board of Education, the Norwich School Building Committee, the Mayor, the City Manager, the Comptroller and any other proper Board of Education or City official are each hereby authorized to apply for and accept any available State or federal grant in aid of the financing of the Project, and to take all action necessary or proper in connection therewith. 3 Section 8. Resolution of Official Intent to Reimburse Expenditures with Borrowings. The City (the “Issuer”) hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and after the date of passage of this ordinance in the maximum amount and for the capital project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Issuer. The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the project, or such later date that the Regulations may authorize. The Issuer hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Comptroller or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds, and to amend this declaration. Section 9. The City Manager and Comptroller are hereby authorized to exercise all powers conferred by Section 3-20e of the General Statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 10. In order to meet the capital cash flow expenditure needs of the City, the City Manager and Comptroller are authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose. Section 11. It is hereby found and determined that the issue of all, or a portion of, the bonds, notes or other obligations of the City authorized to be issued herein as qualified private activity bonds, or with interest that is includable in gross income of the holders thereof for purposes of federal income taxation, is in the public interest. The City Manager and the Comptroller are hereby authorized to issue and utilize without further approval any financing alternative currently or hereafter available to municipal governments pursuant to law. Section 12. The City Manager and Comptroller are hereby authorized to prepare and distribute preliminary and final Official Statements of the City, to execute and deliver on behalf of the City all such other documents, and to take all action, necessary and proper for the sale, issuance and delivery of any bonds or notes relating to the Project in accordance with the provisions of the Statutes and the laws of the United States. Section 13. The City Clerk shall cause an ordinance incorporating all amendments into one complete text to be prepared, labeled “As Amended and Restated” at the top, and filed with the minutes of the Meeting at which this ordinance is adopted. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. Section 14. This ordinance shall not take effect unless and until adopted by the City Council and approved at referendum. If this ordinance is not adopted by the City Council and approved at referendum, then the Prior Ordinance shall remain in effect. President Pro Tem Joseph A. DeLucia Alderwoman Shiela Hayes 4 PUBLIC HEARING #3 WHEREAS, the property owners listed below want to participate in the curb reimbursement program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: Property owners will construct a concrete sidewalk with granite curb on the following properties and the City of Norwich will reimburse them $50.00 per linear foot of concrete sidewalk installed. Name Address Estimate Soulor Pond LLC 20 Oak Street $4925.00 Solour Pond LLC 22 Oak Street $1910.00 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Capital Improvement Fund #3602 and the Sidewalk Fund, #2858, and that a public hearing be set for the second meeting of the City Council on August 19, 2024. The estimated city’s cost for curbing and miscellaneous construction items is $6835.00. President Pro Tempore Joseph A. DeLucia Alderwoman Stacy Gould Alderman William Nash PETITIONS & COMMUNICATIONS #1 JOSHUA A. POTHIER, C.P.A. 100 Broadway Room 105 COMPTROLLER Norwich, CT 06360-4431 Phone: (860) 823-3720 www.norwichct.org/finance Fax: (860) 823-3812 jpothier@cityofnorwich.org August 9, 2024 To: Mayor Peter A. Nystrom and Members of the Norwich City Council through City Manager John Salomone Explanation of Proposed 2023-24 Additional Budget Appropriations and Summary of General Fund, CCD, and TCD Budget-to-Actual Results There is an ordinance for the August 19, 2024 agenda to make additional appropriations for fiscal year 2023- 24. This memo explains these additional appropriations and summarizes the net impact of the unaudited operating results on the fund balances of these three funds. General Fund Revenues Collections of conveyance taxes, building permit revenues, land recording fees and interest income have been very strong this year. Altogether, General Fund revenues will be approximately $1.7 million over budget estimates for fiscal year 2023-24. Expenditures In the May 14, 2024 Business Administrators Report to the Board of Education, Robert Sirpenski gave an estimated operating deficit of $3.5 to $3.8 million over the BOE’s $89.5 million budget. The primary reasons for the deficit are special education and transportation costs. Since then, the estimated deficit has increased to $5.0 million. This deficit will be partially funded by using the remaining $1.4 million balance in the BOE Nonlapsing Account – leaving approximately $3.6 million – a 4.05% budget variance – to be absorbed by the General Fund through an additional appropriation. The non-education departments’ budgets will be approximately $1 million under budget. Unassigned Fund Balance The 2023-24 adopted budget did not include an appropriation of General Fund unassigned fund balance (UFB). The General Fund UFB will decrease $0.9 million which will put the balance at $20.0 million, or 13.4% of annual operating expenditures for the fiscal year ending June 30, 2024. The current target range for General Fund UFB is 12%-17%. City Consolidation District Revenues Revenues are projected to be approximately $85,000 higher than the 2023-24 budget. Expenditures The CCD will need an additional appropriation of $139,100 due to increased overtime and replacement costs. This represents a 1.60% budget variance. Unassigned Fund Balance The 2023-24 adopted budget did not include an appropriation of CCD unassigned fund balance (UFB). The CCD UFB will decrease approximately $54,000 which would put the balance around $136,000, or 1.6% of annual operating expenditures for the fiscal year ending June 30, 2024. The City does not have a policy for the UFB level of this fund, but, in my opinion, a balance of 8% is an adequate level for a fund with moderate levels of risk like the CCD. Town Consolidation District Revenues Revenues are approximately $3,000 higher than the 2023-24 budget. Expenditures Volunteer Firefighter Property Tax Abatement costs were $8,000 lower than anticipated. Unassigned Fund Balance The 2023-24 adopted budget did not include an appropriation of TCD UFB. The TCD UFB will increase by $11,000 which will bring the TCD’s UFB to $81,000, or 15.6% of annual operating expenditures for the fiscal year ending June 30, 2024. The City does not have a policy for the UFB level of this fund, but, in my opinion, a balance of 5% is an adequate level for a fund with low levels of risk like the TCD. PETITIONS AND COMMUNICATIONS #2 PETITIONS & COMMUNICATIONS #3 PETITIONS AND COMMUNICATIONS #4 PETITIONS & COMMUNICATIONS #5 OLD BUSINESS RESOLUTION #1 WHEREAS, the Council of the City of Norwich proposes to discontinue the use as a highway of a portion of Lawler Lane from the Northwest corner of 185 Lawler Lane to the Southeast corner of 256 Lawler Lane, a distance of approximately 1,500 feet; and WHEREAS, pursuant to Connecticut General Statute §13a-49, the City Council may discontinue any portion of a road; and WHEREAS, pursuant to Connecticut General Statute §13a-49, due notice will be given to all landowners abutting the proposed portion of Lawler Lane area to be discontinued; said notice to be published in a newspaper of general circulation in Norwich and a sign will be posted at the location of the discontinued portion; and WHEREAS, the Council of the City of Norwich will refer the matter to the Commission on the City Plan for appropriate review and report. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich, authorizes and directs City Manager, John Salomone, to provide it necessary assistance as it undertakes the process to discontinue a portion of Lawler Lane from the Northwest corner of 185 Lawler Lane to the Southeast corner of 256 Lawler Lane, a distance of approximately 1,500 feet to be shown on a survey map to be prepared by Boundaries, LLC, reserving to the City of Norwich and to the Norwich Department of Public Utilities all rights to enter upon the same to maintain and install drainage and to maintain and install other public utilities, said process to be in accordance with the procedure as set forth in Conn. Gen. Stat, Section 13a-49, et. Seq; and BE IT FURTHER RESOLVED by the Council of the City of Norwich that this resolution be referred to the Commission on the City Plan for appropriate review and report, and the date for action by the Council of the City of Norwich be established as September 17, 2024. Mayor Peter Albert Nystrom President Pro Tempore Joseph A. DeLucia Alderman Mark Bettencourt Alderwoman Stacy Gould Alderman William Nash OLD BUSINESS RESOLUTION #2 WHEREAS, the property owners listed below want to participate in the curb reimbursement program with the City of Norwich to construct concrete sidewalks along their property; and WHEREAS, the City of Norwich wants to improve sidewalks throughout the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that: Property owners will construct a concrete sidewalk with granite curb on the following properties and the City of Norwich will reimburse them $50.00 per linear foot of concrete sidewalk installed. Name Address Estimate Soulor Pond LLC 20 Oak Street $4925.00 Solour Pond LLC 22 Oak Street $1910.00 BE IT FURTHER RESOLVED that the cost of this project be funded from the existing capital budget line item for sidewalks, Capital Improvement Fund #3602 and the Sidewalk Fund, #2858, and that a public hearing be set for the second meeting of the City Council on August 19, 2024. The estimated city’s cost for curbing and miscellaneous construction items is $6835.00. President Pro Tempore Joseph A. DeLucia Alderwoman Stacy Gould Alderman William Nash NEW BUSINESS RESOLUTION #1 WHEREAS, the Connecticut Department of Economic and Community Development, acting pursuant to Connecticut General Statute §32-763 has awarded and submitted to Norwich a proposal for assistance to support Norwich’s plans to remediate and demolish structures on a site located at Fifth Street End of the Canal, Norwich, CT 06360 as more particularly described in a letter dated July 24, 2024 together with an Assistance Proposal both of which are attached hereto as Exhibit A and Exhibit A-1; and WHEREAS, pursuant to this proposal the City of Norwich will receive $4 million in grant funds to be used by it for completion of a Remedial Action Plan and Asbestos Work Plan, and the demolition of certain buildings and structures on the property to enable a Redevelopment Project as described in the documents; and WHEREAS, the Council of the City of Norwich finds it will be in the best interest of the City of Norwich to accept these grant funds to be used as required and agreed to by the city and the State of Connecticut for Brownfield Clean-up as the initiation of a Redevelopment Project. 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 sign the letter described herein sent to him by Deputy Commissioner Matthew Pugliese and return the same to the deputy commissioner; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City and Town Clerk Roseanne Muscarella be and hereby is authorized and directed to prepare a certified resolution of this action of the Council of the City of Norwich to return to Deputy Commissioner Matthew Pugliese with the signed letter. Mayor Peter Albert Nystrom President Pro Tempore Joseph A. DeLucia Alderwoman Stacy Gould NEW BUSINESS RESOLUTION #1 EXHIBIT A July 24, 2024 Mr. John L. Salomone City Manager City of Norwich 23 Union Street Norwich, CT 06360 Dear Mr. Salomone: The Department of Economic and Community Development is pleased to submit a proposal for assistance in support of the City’s plans to remediate and demolish structures on the site located at Fifth Street End of the Canal, Norwich, CT 06360. The following pages contain a project description and supporting details of a financial assistance package developed jointly between your staff and ours as a preliminary step to developing an Assistance Agreement (DECD contract) through DECDs legal team. This proposal represents Governor Lamont’s continuing commitment to support Connecticut’s municipalities and we are pleased to have an opportunity to work with you on this project. The success of your project and your community are important to us. Our staff will continue to be available to you and your staff throughout the duration of the project. If you have any questions concerning this proposal, please contact Gregory Ambros, your Project Manager, at 860.500.2363. Sincerely, Matthew Pugliese Deputy Commissioner Agreed and Accepted By: City of Norwich ___________ John L. Salomone, City Manager Date Ver. May 2024 OBRD Muni-Direct Page 1 NEW BUSINESS RESOLUTION #1 EXHIBIT A-1 State of Connecticut Governor Ned Lamont Department of Economic and Community Development Commissioner Daniel O’Keefe Financial Assistance Proposal To The City of Norwich For Capehart Mill Riverfront Park Round 19 Project Address: Fifth Street End of Canal Norwich, CT 06360 July 2024 BACKGROUND Applicant (or the “Primary Recipient”) Description: The City of Norwich (hereinafter, also referred to as “Applicant” or “Primary Recipient,”) is located in Southeastern Connecticut in New London County and is situated at the confluence of the Shetucket, Yantic, and Thames Rivers. With a 2020 population of over 40,125, Norwich is now the largest municipality in Southeastern Connecticut. Brownfield Cleanup Project Description: The $4,000,000 grant funds will be used by the City of Norwich for completion of a remedial action plan and asbestos work plan, abatement, and demolition of buildings A & B, the skywalk and 5th Street Bridge at the 6.05-acre, former Capehart Textile Mill located on Fifth Street End of Canal in the Greeneville National Historic District in Norwich (hereby the “Project”). The brownfield cleanup project will in turn enable the Redevelopment Project, described below. Redevelopment Project Description: The City of Norwich intends to redevelop the property into to the Capehart Mill Riverfront Park that will potentially create a connection to the planned State of Connecticut’s designated Shetucket River Greenway (hereby, the “Redevelopment Project”). The current brownfield funding and cleanup project will ultimately enable the Redevelopment Project. DECD acknowledges that the proposed Capehart Mill Riverfront Park is only in the conceptual stages. In addition, the funding required for future phases of cleanup and park redevelopment work are not in place yet. The Applicant has applied for CIF 2030 grant funding (Round #5). If successful in receiving CIF funding, the Redevelopment Project is expected to be completed in approximately four to six years. Project Property Description and Access Details: The following parcels constitute the “Project Property” – The 6.06-acre parcel located within the eastern Greeneville section of the City of Norwich and known as Fifth Street End of Canal, CT 06360. The Site is bifurcated by a canal, fed by the Shetucket River, which comprises the eastern property line. Currently the Capehart Mill property is comprised of four (4) buildings (identified as Buildings A, B, C and D). Buildings A and D were near destroyed by fires. Buildings B and C are still generally intact. Other Site features consist of remnant building structures, paved driveways and parking areas, overgrown vegetation, and a skywalk over the canal that formerly connected Buildings A and D. The City recently acquired an adjacent property, known as 6 Eighth Street, which is an existing paved parking lot, which will be utilized for project access only during Phase 1 and eventually incorporated into the final design for the park. The Project Property is currently owned by the Foot of Fifth, Inc., hereinafter referred to as the “Property Owner.” A release occurred in 2006 from a transformer while Foot of Fifth owned the property. Other operations that resulted in the presence of subsurface and building contamination occurred during former operations by prior property owner/operators and unknown arsonists and vandals. As per the Application, The Property Owner has agreed to relinquish ownership of the property for municipal acquisition. The Current Property Owner and the Applicant have are not Ver. May 2024 OBRD Muni-Direct Page 2 responsible for the contamination on the Site. The Assistance Agreement will not be closed until such time as the Applicant takes title to the Project Property. SOURCE AND USE OF FUNDS Sources of Funds City of Norwich $17,500 Foot of Fifth, Inc. $800,000 DECD – Brownfield Grant – Round 19 (“State Funding”) $4,000,000 DEEP CERCLA Grant $64,250 Other – Cultural Coalition $250,000 Total $5,131,750 Use of Funds Administration/DECD Legal (n/a if contract handled in-house) $7,500 Planning/Assessment/Engineering etc. $200,000 Abatement $2,440,000 Demolition/Remediation/Construction $2,484,250 Total $5,131,750 * The figures above may be amended from time to time through requests for revisions to the Project Financing Plan and Budget, as approved by the Department of Economic and Community Development. FINANCIAL ASSISTANCE PROPOSAL This financial assistance proposal (the “Proposal”) is based upon the commitment of the Applicant or Primary Recipient to take responsibility for the implementation of the Project by the Development Partner, and as described herein. The State of Connecticut, acting through the DECD and under the provisions of Connecticut General Statutes (“C.G.S.”) Sec. 32-763 proposes a financial assistance package consisting of a grant in the total amount of $4,000,000. DECD financial assistance shall not exceed $4,000,000, as described in this Proposal and as set forth in the most recently approved Project Financing Plan and Budget. The components of this financial assistance are outlined below: Applicant: City of Norwich DECD Financing: $4,000,000 Grant Amount and Use of DECD Funds: Administration/DECD Legal $10,000 Administration $100,000 Planning/Engineering $100,000 Abatement $990,000 Demolition $2,800,000 Total $4,000,000 Ver. May 2024 OBRD Muni-Direct Page 3 The DECD shall not be bound until a contract (the “Assistance Agreement”) that contains all approvals required by law is executed in accordance with all applicable State procedures. PROPERTY RESTRICTIONS All legal matters in connection with the State Funding and any required security therefor shall be acceptable to DECD and its legal counsel. Language that will be finally included in the Assistance Agreement supersedes any language included under this clause in the Proposal. Negative Pledge The Applicant shall execute a Negative Pledge and Agreement (“Negative Pledge”) in a form acceptable to the Commissioner, which Negative Pledge shall provide that the Applicant shall not sell, lease, transfer, assign, or in any way encumber or otherwise dispose of the Project Property, located at Fifth Street End of Canal, Norwich, CT 06360, for ten (10) years, in whole or in part, without first obtaining the written consent of the Commissioner. The Negative Pledge shall be recorded on the land records of the City of Norwich. Use Restriction The Applicant shall covenant and agree that the Project Property, located at Fifth Street End of Canal, Norwich, CT 06360, shall be used primarily as a public recreational park for ten (10) years. The Applicant shall execute a Declaration of Restrictive Covenant (“the Covenant”) in a form acceptable to the Commissioner, which shall be filed on the land records of the City of Norwich. The Covenant shall be enforceable by the City of Norwich and the State and shall provide that any conveyance of the Applicant’s Project Property shall be subject to the terms of the Covenant. ENVIRONMENTAL COMPLIANCE Connecticut Environmental Policy Act Disbursement of State Funding may be subject to the completion of the appropriate Connecticut Environmental Policy Act (“CEPA”) review of Project activities. If Project analysis and review under the provisions of CEPA is necessary, then the DECD will contract a professional engineering/planning firm experienced in preparing CEPA documents, using funds appropriated to the project. Said firm shall work at the direction of the DECD in assessing the Project activities in accordance with CEPA (C.G.S. Sec. 22a-1 and R.C.S.A. Sec. 22a-1a-1 to 22a-1a- 12). Demolition or major alteration of any facility (i.e. building or structure) or site listed or eligible to be listed on the National or State Register of Historic Places as determined by the State Historic Preservation Office, is subject to CEPA. Environmental Condition of the Project Property As determined by the DECD, the environmental site assessments, survey, reports and remedial action plans will be prepared for the Project Property. A professional firm licensed to practice in the State of Connecticut shall prepare the reports. The scope of investigations and report shall Ver. May 2024 OBRD Muni-Direct Page 4 conform to the applicable Department of Energy and Environmental Protection (“DEEP”) laws and regulations, and the applicable American Standards for Testing Materials document standards. Copies of all reports shall be submitted to the DECD. If the Applicant and/or other parties have conducted Environmental Site Assessments for the Project Property, copies of such documents must be submitted to the DECD. Remediation Program Enrollment In conformance with DECD policy and in compliance with C.G.S. Sections 32-763 and 32-765, all recipients of brownfield remediation loan or grant funding not subject to C.G.S. Sec. 22a- 134a (Transfer of Hazardous Waste Establishments) shall enter into a program for remediation of the Project Property pursuant to C.G.S. Sections 22a-133x (Voluntary Remediation Program : Investigation and Remediation of Contaminated Real Property), 22a-133y (Voluntary Remediation Program :Voluntary Remediation of GB/GC Areas), 32-768 (Abandoned Brownfield Cleanup Program), and 32-769 (Brownfield Remediation & Revitalization Program). This requirement does not apply if the Project is receiving remediation funding solely for hazardous building abatement and if, such hazardous building materials represent the sole or sole remaining environmental contamination on the Project Property. As a note, there is no fee associated with entering into a voluntary remediation program as per C.G.S Sec. 22a-6 (i). As a policy, DECD will not release any DECD funds until relevant documentation to support successful enrollment into a remediation program is provided to the CT Department of Energy and Environmental Protection (DEEP); i.e., submittal of the Environmental Condition Assessment Form (ECAF) form in the case of voluntary remediation as per C.G.S. Sec. 22a- 133x, or a Remedial Action Plan in the case of voluntary remediation as per C.G.S. Sec. 22a- 133y. CONSTRUCTION COMPLIANCE The DECD requires submission of project design documents, specifications, construction documents and cost estimates and other documents outlined in Schedule A. All submissions are subject to review, comment, and/or approval by the Office of Brownfields and/or the Office of the DECD Commissioner. The Applicant shall submit for review and comment the following construction-related documents which need to comply with the latest version of the DECD Bidding, Contracting and Construction Guidelines: a) bonding and insurance requirements; b) copies of contracts; c) schedule of values; d) payment requisitions and change orders. The DECD requirements for approval of the release of funds for construction include review of construction documents, latest updated budget, submittal of bidding process, project schedule and cash flow updates, progress reports, and any appropriate back up materials as may be needed for review such as application and certificate of payment (AIA Document G702) approved by the architect and/or engineer, appropriate invoices, etc. The DECD will hold back the last five percent (5%) of State Funding until all required construction closeout documentation in accordance with DECD Bidding, Contracting and Ver. May 2024 OBRD Muni-Direct Page 5 Construction Guidelines is submitted. This includes proof of completion of remediation work funded by the State Funding including, but not limited to, a Remediation Action Report, Verification Report, a recorded copy of the Environmental Land Use Restriction (“ELUR”), EPA Reports, DEEP Audit, abatement report, demolition report, or any other reports requested by the DECD Commissioner. PROJECT ADMINISTRATION AND MONITORING (PAM) PLAN The Applicant shall be required to submit to the DECD a project administration and monitoring plan, acceptable to the DECD, that describes how they will document and monitor the financial and construction oversight of the State funds as required by the Assistance Agreement and as approved in the DECD’s Project Financing Plan and Budget. The purpose of the plan is to assure the completion of the Project within the approved Financing Plan and Budget and the appropriate use of State Funding. The plan should address how State funds will be disbursed in conjunction and in accordance with all contractual agreements. The plan should include the process that they will undertake to approve payment requisitions and project construction change orders. REPORTING Project Audit Each Applicant subject to a federal and/or state single audit must have an audit of its accounts performed annually (see Schedule B). The audit shall be in accordance with the DECD Audit Guide, which can be found at: https://portal.ct.gov/-/media/DECD/OFR/DECD-Audit-Guide-January--2019.pdf, and the requirements established by federal law and state statute. All Applicants not subject to a federal and/or state single audit shall be subject to a Project-specific audit of its accounts within ninety (90) days of the completion of the Project or at such times as required by the Commissioner. Such audit shall be in accordance with the DECD Audit Guide. An independent public accountant as defined by generally accepted government-auditing standards (“GAGAS”) shall conduct the audits. At the discretion and with the approval of the Commissioner, examiners from the Department of Economic and Community Development may conduct Project-specific audits. The completion of the project will be determined by the end date of the most recently approved Project Financing Plan and Budget. Project Financial Statements The Applicant shall provide a cumulative Statement of Program Cost and a Detailed Schedule of Expenditures to the Commissioner in the approved DECD project statement format as outlined in the most current Accounting Manual located at https://portal.ct.gov/DECD/Content/About_DECD/Audit-and-Compliance/Manuals-Guides-and- Forms. This information will be required to be provided within ninety (90) days after the expiration date of the Project Financing Plan and Budget or earlier as determined by the Commissioner. Further information, such as supporting documentation (i.e. copies of invoices, cancelled checks, contracts etc.) for the expenditures charged may be requested from the Applicant, as necessary. Ver. May 2024 OBRD Muni-Direct Page 6 Project Progress Reporting The Applicant shall submit project milestone and progress reports acceptable to the DECD with each payment request or at any time as requested by the DECD Project Manager. The reports will be due upon request and will be required to be provided until the expiration of the Project Financing Plan and Budget. REQUIRED DOCUMENTS The Applicant must provide the following required documents prior to contract closing. No Assistance Agreement will be signed by the DECD until all required documents have been received, which include the following: • Environmental reports – Submitted – on file with the DECD PROJECT START/END DATE For purposes of this Proposal this Project will have a start date of June 14, 2024, and any eligible Applicant project expenditures after that date will be permitted as part of the Project. The end date of the project will be determined by the most recently approved Project Financing Plan and Budget. EXPIRATION The Applicant must accept this Proposal no later than thirty (30) calendar days after the date of the Proposal. In the event the DECD does not receive the acceptance of this Proposal by the aforementioned date, the offer will be considered null and void and withdrawn. INSTANCES OF DEFAULT If funding for the Project is approved, the Assistance Agreement between DECD and the Applicant may be subject, but not limited, to the following default provisions: breach of agreement, misrepresentation, receivership or bankruptcy, condemnation or seizure, lack of adequate security, or violation of terms in other Project documents. In addition to repayment in full of the funding, DECD’s remedies may include, but not be limited to, the ability to collect an additional 5% in liquidated damages on the total amount of financial assistance, and to charge a 15% per annum rate of interest on financing provided. CLOSING AND TRANSACTION COSTS The Applicant shall be responsible for the payment of all necessary and appropriate costs associated with this transaction, whether or not a closing takes place, including but not limited to the State’s attorneys’ fees and other such costs incurred by the State or associated with securing the State Financial Assistance. Such costs may also include reasonable attorney fees, appraisal costs, and other possible fees and costs related to the closing. No financing will be provided until the Applicant has paid the DECD’s legal fees. LABOR COMPLIANCE Nondiscrimination The Applicant will comply with C.G.S. Sec. 4a-60, as may be amended, which prohibits the Applicant from discriminating or permitting discrimination against any person or group of Ver. May 2024 OBRD Muni-Direct Page 7 persons on the grounds of race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, status as a veteran, status as a victim of domestic violence, intellectual disability, mental disability or physical disability, including, but not limited to, blindness, unless it is shown by such contractor that such disability prevents performance of the work involved, in any manner prohibited by the laws of the United States or of the State of Connecticut. The Applicant will comply with C.G.S. Sec. 4a-60a, as may be amended, which prohibits the Applicant from discriminating or permitting discrimination against any person or group of persons on the grounds of sexual orientation. Affirmative Action The Applicant will comply with C.G.S. Sec. 4a-60, which prohibits the Applicant from engaging in or permitting discrimination in the performance of the work involved as well as requires that the company take affirmative action to ensure that all job applicants with job related qualifications are employed and that employees are, when employed, treated in a nondiscriminatory manner. Executive Orders and Other Enactments a. All references in this Proposal to any Federal, State, or local law, statute, public or special act, executive order, ordinance, regulation or code (collectively, “Enactments”) shall mean Enactments that apply to the Proposal at any time during its term, or that may be made applicable to the Proposal during its term. This Proposal shall always be read and interpreted in accordance with the latest applicable wording and requirements of the Enactments. At the Applicant’s request, the DECD shall provide a copy of these Enactments to the Applicant. Unless otherwise provided by Enactments, the Applicant is not relieved of its obligation to perform under this Proposal if it chooses to contest the applicability of the Enactments or the DECD’S authority to require compliance with the Enactments. b. This Proposal 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. Seventeen of Governor Thomas J. Meskill, promulgated February 15, 1973, concerning the listing of employment openings and Executive Order No. Sixteen of Governor John G. Rowland promulgated August 4, 1999, concerning violence in the workplace, all of which are incorporated into and are made a part of this Proposal as if they had been fully set forth in it. c. This Proposal may be subject to (1) Executive Order No. 14 of Governor M. Jodi Rell, promulgated April 17, 2006, concerning procurement of cleaning products and services; (2) Executive Order No. 61 of Governor Dannel P. Malloy promulgated December 13, 2017 concerning the Policy for the Management of State Information Technology Projects, as issued by the Office of Policy and Management, Policy ID IT-SDLC-17-04; and (3) Executive Order Nos. 13F and 13G of Governor Ned Lamont, promulgated September 3, 2021 and September 10, 2021, respectively, concerning protection of public health and safety during COVID-19 pandemic, as extended by Executive Order No. 14A of Governor Ned Lamont, promulgated September 30, 2021. If any of the Executive Ver. May 2024 OBRD Muni-Direct Page 8 Orders referenced in this subsection is applicable, it is deemed to be incorporated into and made a part of this Proposal as if fully set forth in it. WITHDRAWAL OF FINANCIAL ASSISTANCE PROPOSAL Notwithstanding any other provisions of this Proposal, the State, in its discretion, may elect to withdraw this Proposal and withhold payment of funds if: • The Applicant shall have made to the State any material misrepresentation in the Project data supporting the funding request, in the application or any supplement thereto or amendment thereof, or thereafter in the Assistance Agreement, or with respect to any document furnished in connection with the Project; or • The Applicant shall have abandoned or terminated the Project, or made or sustained any material adverse change in its financial stability and structure, or shall have otherwise breached any condition or covenant, material or not, in this Proposal and/or thereafter in the Assistance Agreement. ADDITIONAL TERMS AND CONDITIONS The Applicant acknowledges that the obligation of DECD to provide the financial assistance set forth herein is subject to the normal State approval process, including but not limited to approval by the State Bond Commission, and may be subject to review and approval of any documentation by the Attorney General as to form and substance. The DECD financial assistance will be subject to the standard terms and conditions established by DECD for financial assistance under C.G.S. Sec. 32-763. The Applicant will enter into an Assistance Agreement with the State of Connecticut, acting through the DECD, which will contain but not be limited to provisions of this Proposal, and set forth the terms and conditions of the Assistance Agreement. The Applicant will execute and/or deliver such other documents, agreements, and instruments as DECD may require in connection with the Assistance Agreement or any required security. This Proposal is not a contract by the State of Connecticut or the Applicant. The State shall not be bound until a contract has all approvals required by law and is executed in accordance with all applicable State procedures. SPECIAL CONDITIONS The Applicant acknowledges that State Funding will be released by the DECD to the Applicant, on a reimbursement basis, in the following manner: • Eligible project expenses will be reimbursed on a pro-rata basis with non-DECD sources. However, 5% of the Brownfield Grant ($200,000) will be held back until relevant project closeout documents are submitted. COMMUNICATIONS AND OUTREACH In any news release or printed material promoting the Project, the Applicant and Development Partner shall give credit, prominently placed, to the Office of Brownfield Remediation and Development, Department of Economic and Community Development. The Office of Brownfield Remediation and Development, Department of Economic and Community Ver. May 2024 OBRD Muni-Direct Page 9 Development shall be consulted prior to scheduling public events such as a ribbon cutting or a groundbreaking and will be afforded an opportunity to provide remarks at such an event. The Applicant shall erect and maintain a project sign at the Project site in accordance with the specifications provided in the DECD Bidding and Construction Guidelines. Ver. May 2024 OBRD Muni-Direct Page 10 DECD CONTACTS Project Manager (Contracts): Your Project Manager (Contracts) is responsible for coordinating all aspects of the contracting and closeout process of your project as it moves forward. Please consider the Project Manager (Contracts) as your main point of contact throughout the life of your project for contract-related questions. Contact: Gregory Ambros Phone #: 860.500.2363 Project Manager (Technical): Your Project Manager (Technical) is responsible for all environmental, technical, project-scope, and contractor/consultant selection aspects of the project. The Project Manager (Technical) will also be responsible for project monitoring and payment reimbursements. Please copy both Project Managers on all project related emails. Contact: Chaimae Sabir Phone #: 860.500.2367 Director: Your Director is also available to you at any time for issues pertaining to all aspects of your project. Contact: Binu Chandy Phone #: 860.500.2454 Ver. May 2024 OBRD Muni-Direct Page 11 CLIENT OBLIGATION CHECKLIST The following is a brief outline of the documents that will be required to be provided by the Applicant over the life of the Assistance Agreement. This is not an attempt to define all of the terms and conditions as outlined in this Proposal, but to provide a snapshot of the requirements. Y E A R S General Requirement Comment 1 2 3 4 5 6 7 8 9 10 Status State Single Audit (if Due within 180 applicable) – See Schedule B days of FYE until X X X all project funds are expended Project Financial Statement Due 90 days after X (Unaudited Balance Sheet the expiration date and Cumulative Statement of of the Project Program Costs) Financing Plan and Budget. Progress Reports Due upon request or with Applicant’s X X X payment request ______________ ___________ Applicant Initials Date Ver. May 2024 OBRD Muni-Direct Page 12 NEXT STEPS The enclosed documents accompanying this Proposal must be completed and returned to DECD within thirty (30) calendar days of acceptance of this Proposal. * Application (already on file) * Project Financing Plan and Budget * Certified Resolution Please return the signed acceptance letter and initialed Client Obligation Checklist to: Gregory Ambros (PM, Contracts) @ Gregory.Ambros@ct.gov Ver. May 2024 OBRD Muni-Direct Page 13 SCHEDULE A (Construction Related Documentation - Brownfield Projects) Schedule of Submissions and Approvals required for State Assistance The DECD will require the Applicant to provide certain documents prior to the start of construction and through the completion of the Project. For brownfield projects, “construction” shall be considered any combination thereof of hazardous building materials abatement, demolition, remediation or activities directly related to such items. In addition, DECD will require certain reviews and opportunities for comment during design and construction, through the completion of the project. The following outlines some of these documents and some of the anticipated DECD approvals: Submissions to DECD – Start of Project to Construction Completion: - Schematic Design Plans/Remediation Action Plans - Contracts with professional consultants and construction/remediation contractors - Consultant Engineering Reports (including but not limited to, civil/site, environmental site assessments and other environmental reports, geotechnical, and structural) - C.G.S. Sec. 25-68(d) Floodplain Certification Submission (if applicable) - Appraisal Reports - Historic and Archeological Surveys, Reports, SHPO Review Letter and Mitigation Deliverables (if applicable) - Affirmative Action Compliance Reports - Risk Register - Environmental Condition Assessment Form (ECAF) submitted to DEEP - DEEP’s formal response acknowledging receipt of Voluntary Remediation Program (VRP) documentation - Applicant Single Audit Act Reports - Third Party Special Inspection Reports - Progress Reports by Applicant (format to be approved by DECD) - Meeting Minutes and Correspondence (between owner, architect, environmental consultant/LEP, and/or contractor) DECD Site Development Involvement: DECD requires on and off-site project access on regular basis for review of design and construction developments. Submissions to DECD Upon Completion of Construction: - Project Financial Statement - Certificate of Occupancy (where applicable) - Proof of completion of remediation (DEEP Verification Report, Environmental Land Use Restriction (ELUR), and/or DEEP Audit etc. as per applicable regulations.) - Proof of completion of abatement as per applicable regulations - Record documents (As Builts) - Certificate of Substantial Completion (AIA form G704) - Contractor's Affidavit of Payment of Debts and Claims (AIA form G706) - Contractor's Affidavit of Release of Liens (AIA form G706A) Ver. May 2024 OBRD Muni-Direct Page 14 - Subcontractors and Suppliers Release or Waiver of Liens - Consent of Surety Company to Final Payment (AIA G707) - Consent of Surety to a Reduction in or Partial Release of Retainage at 50% project completion, if applicable (AIA form G707A); requires DECD concurrence. - Final Application and Certificate for Payment (AIA form G702, and continuation sheet G703) If the contractor has provided Contractor’s Affidavit of Release of Liens (AIA form G706A) and lien waivers from major subcontractors and suppliers, a contractor may request the balance of retainage. If these documents are not provided, retainage cannot be paid until ninety-one (91) days after the date on the Certificate of Substantial Completion. Ver. May 2024 OBRD Muni-Direct Page 15 SCHEDULE B TO: Municipal or Nonprofit Agency Grantee – DECD Program FROM: Office of Financial Review SUBJECT: DECD and State Single Audit Submission Requirements Pursuant to Sections 4-230 through 4-236, as amended, of the Connecticut General Statutes, each municipality, audited agency, tourism district and not-for-profit organization that expends state financial assistance equal to or in excess of three hundred thousand dollars ($300,000) in any fiscal year of such nonstate entity beginning on or after July 1, 2009, shall have a single audit made for such fiscal year in accordance with the provisions of the above- referenced General Statutes. The financial audit reports and State Single Audit reports are required to be filed with the Office of Policy and Management (OPM) within six-months of the auditee’s fiscal year end and must be uploaded to the Office of Policy and Management’s (OPM) Electronic Audit Report System (EARS) website. If total state financial assistance expended for the fiscal year is for a single state program, a program-specific audit may be conducted in lieu of a single audit. The Office of Policy and Management is the cognizant agency for municipalities, tourism districts, other quasi-governmental entities and nonprofit organizations under the State Single Audit Act. Any extension for filing an audit report past the statutory deadline must be approved by OPM. In order for such an extension to be considered, an Audit Submission Extension Request Form must be submitted to the cognizant agency no later than 30 days prior to the required filing date. Both the independent auditor and the Chief executive officer of the audited entity must sign the request. If the reason for the extension relates to deficiencies in the entity’s accounting system, a corrective action plan must accompany the request. The request may be faxed to the cognizant agency as indicated on the request form obtained from the OPM State Single Audit webpage: https://portal.ct.gov/-/media/OPM/2018ComplianceSupplementLastRevised10218pdf.pdf?la=en. The following is a list of the required components of a complete audited financial report package that must be filed by the deadline with your cognizant agency: 1. The Audit Report on the Financial Statements of the auditee 2. State Single Audit Report or program-specific audit report (if applicable) 3. Federal Single Audit Report (if applicable) 4. Municipal Audit Questionnaire (Municipalities & Audited Agencies) 5. Management Letter (if applicable) 6. Corrective Action Plan (if applicable) 7. Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Ver. May 2024 OBRD Muni-Direct Page 16 If a program-specific audit is to be performed, the DECD Consolidated Audit Guide for DECD Programs must be followed https://portal.ct.gov/-/media/DECD/OFR/DECD-Audit- Guide-January-2019.pdf?la=en. State Single Audit Regulation Sec. 4-236-28, states, “In cases of continued inability or unwillingness to have a proper audit conducted of a program in accordance with these regulations, state agencies shall consider appropriate sanctions concerning the program including but not limited to: (a) withholding a percentage of awards until the audit is completed satisfactorily; (b) withholding or disallowing overhead costs; or (c) suspending state awards until the audit is completed”. Any nonstate entity, which fails to have the audit report filed on its behalf within six months after the end of its fiscal year or within the time granted by the cognizant agency, may be assessed a civil penalty of not less than $1,000 but not more than $10,000. While these are strong measures and in most instances not needed, they define the measures that state agencies and OPM may take to ensure that those grantees receiving state financial assistance submit timely and appropriate audit reports. In summary, as a grantee of a DECD program, please file the following documents as applicable with DECD and OPM by the dates indicated: File the following with the state grantor agency – [DECD, Office of Financial Review, 450 Columbus Boulevard, Hartford, CT 06103-1843]: • Complete Audit Reporting Package if your entity is subject to filing a State Single Audit (must be submitted within 30 days of completion but no later than the filing period deadline), OR • State Single Audit Exemption Notification Form if your entity is exempt from filing a State Single Audit (submit as soon as possible after fiscal year end but no later than six months after your fiscal year end) File the following with your cognizant agency – [OPM, Intergovernmental Policy Division, Municipal Finance Services, 450 Capitol Avenue - MS-54MFS, Hartford, CT 06106]: • Auditor Notification Form (submit no later than thirty days before the end of the fiscal year of the entity to be audited) o https://portal.ct.gov/-/media/OPM/IGP/munfinsr/forms/Appointment-of- Auditor-Form-4-22-19.docx • Extension Request For Filing Financial and State Single Audits if the audit cannot be filed by the due date (submit at least 30 days prior to the end of the six-month filing period) o https://portal.ct.gov/-/media/OPM/IGP/munfinsr/forms/Extension- Request-Form_11-3-2020.pdf Ver. May 2024 OBRD Muni-Direct Page 17 • Complete Audit Reporting Package if subject to filing State Single Audit (submit within 30 days of completion but no later than the filing period deadline), • State Single Audit Exemption Notification Form (submit as soon as possible after fiscal year end if you determine that your organization was not subject to the State Single Audit Act but no later than six months after your fiscal year end) o https://portal.ct.gov/-/media/OPM/IGP/munfinsr/forms/Filing-Exemption- Form-3-26-19_pdf.pdf • The OPM general audit forms are available at o https://portal.ct.gov/OPM/IGP-MUNFINSR/Municipal-Financial- Services/Audit-Forms For questions, please contact Kristina Neborsky of DECD at (860) 500-2321. Thank you for your attention to these matters. Ver. May 2024 OBRD Muni-Direct Page 18 NEW BUSINESS RESOLUTION #1 EXHIBIT B PROJECT FINANCING PLAN AND BUDGET Initial Submission: Revision #: Applicant: For Internal Use Only Project Name: Program Title: Project #: Federal ID #: Social Sec. #: Budget Period Budget Period Approved by DECD Start Start End End THE FOLLOWING APPLIES TO HOUSING PROJECTS ONLY: Units Counted By: ( ) Beds ( ) Bedrooms Total Units: Assisted Units: Unit Mix: 0BR 1BR 2BR 3BR 4BR _____ NON-DECD FUNDS DECD FUNDS SOURCES OF FUNDING CASH IN-KIND GRANT LOAN TOTAL Private Investment $ - Bank Financing $ - CT. Development Authority $ - CT. Innovations, Inc. $ - CHFA $ - DECD Program #1 $ - DECD Program #2 $ - Other $ - $ - $ - $ - TOTAL SOURCES $ - $ - $ - $ - $ - Approval of the Project Financing Plan and Budget for State Assistance in the amount shown in the above summary and for the time period indicated is hereby requested. It is understood that the project will be operated in accordance with the Project Financing Plan and Budget approved by the Connecticut Department of Economic and Community Development. Date Submitted: Applicant: Authorized Signature: Title: FOR INTERNAL USE ONLY The Project Financing Plan and Budget is hereby approved in the amounts and for the time period indicated. Date: Signed: Matthew Pugliese, Deputy Commissioner Date: Signed: Daniel O'Keefe, Commissioner-designate Page 1of 4 ver. 4.11 NEW BUSINESS ORDINANCE #1 AN ORDINANCE REGARDING ADDITIONAL FISCAL YEAR 2023-24 APPROPRIATIONS FOR THE GENERAL FUND AND CITY CONSOLIDATION DISTRICT WHEREAS, Norwich Public Schools expended $3,622,786 in excess of its fiscal year 2023-24 General Fund appropriation as a result of higher than anticipated special education tuition and transportation costs; WHEREAS, the City Consolidation District’s (“CCD”) overtime and replacement costs for fiscal year 2018-19 are $136,100 higher than anticipated compared to the adopted 2023-24 budget for the CCD; and WHEREAS, the General Fund and CCD have adequate levels of unassigned fund balance (“UFB”) to absorb the impact of the budget variances described above. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT the fiscal year 2023-24 appropriations for the General Fund and CCD be, and hereby are, increased by the sums of $3,622,786 and $136,100, respectively, for the reasons set forth above. Purpose: To increase the appropriations of the General Fund and City Consolidation District for projected expenditures in excess of the adopted 2023-24 budget. President Pro Tempore Joseph A. DeLucia

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