CITY OF GROTON MAYOR AND COUNCIL MINUTES MONDAY, JUNE 16, 2014

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1 CITY OF GROTON MONDAY, MUNICIPAL BUILDING COUNCIL CHAMBERS 7:30 PM Mayor Galbraith called the meeting to order at 7:30 p.m. I. ROLL CALL Present: Mayor Marian Galbraith, Deputy Mayor William Jervis, Councilors Andrew Ilvento, Jay Dempsey, Stephen Sheffield, Keith Hedrick, Lawrence Gerrish and City Clerk Debra Patrick. II. III. IV. SALUTE TO THE FLAG Led by Mayor Galbraith. RECOGNITION, AWARDS AND MEMORIALS Mayor Galbraith said she wanted to take a moment to remember someone important to the City of Groton who will be sadly missed. Today, Tim York, who was a part time Building Official for the City passed away in a tragic accident. Our hearts go out to his family. He was a friend, both personally and professionally, to people in this building and he will be sadly missed. Our hearts are with his family as they grieve. RECEIPT OF CITIZEN S PETITIONS/COMMENTS None. V. RESPOND TO CITIZEN S PETITIONS/COMMENTS None. VI. VII. APPROVAL OF Councilor Hedrick moved Councilor Ilvento seconded a motion to approve the June 2, 2014 Mayor and Council meeting. COMMUNICATIONS AND REPORTS Councilor Ilvento attended the Liaison Committee meeting June 4 th, gave remarks and handed out diplomas at the Adult Education Graduation June 5 th, the Beach & Parks Committee meeting June 11 th and the City/Town Police softball game June 14 th. Councilor Dempsey had no report. Councilor Sheffield had no report. Councilor Hedrick had no report. Councilor Gerrish attended the Flag Day ceremony at the Groton Elks June 8 th and the spring concert and math awards at Kolnaski School. Deputy Mayor Jervis attended the GBA Economic Development Breakfast May 15 th and the Eastern Connecticut Chamber of Commerce Education Breakfast May 29 th. City Clerk Patrick had no report. Mayor Galbraith met with Chris Fondulas June 3 rd regarding a movie he will be making that will include filming in Washington Park. She attended the ribbon cutting for the newly renovated

2 Fulton Hall at the Sub Base on June 6 th, the Flag Day ceremony at the Groton Elks June 8 th and the christening of the Little Free Library on Thames Street June 9 th. She thanked Susan Bailey and the Grasso Tech students who made this happen and encouraged people to go down and borrow or even leave a book. She said there have been several meetings regarding the Thames Street drainage project and they are moving forward to finalize plans with EB now that the grant has been awarded. She said with the improvement in the bond market this is a good time to refund the bonds which will give an even greater savings most of which will be seen by Groton Utilities. She attended the 25 th Anniversary MDA Retiree Luncheon with Gemma Moran and later that evening an event at the new Charter Oak Credit Union. On June 14 th she attended the Walking Tour, reported there were 30 participants in the family baseball clinic put on by the Mystic Schooners and attended the City/Town Police Union softball game at Washington Park. She said it was opening day at Eastern Point Beach as well as CT Open House Day for State parks and some museums. She said on June 28 th it will be City wide Yard Sale Day and urged anyone who wished to participate to register with to have their yard sale advertised for them. She said the Mystic Chamber of Commerce presented a certificate to the City for the Summer In The City initiative. She attended the ribbon cutting for the urgent care facility Physician One in the shopping center where Panera Bread and Kohl s are located. Councilor Ilvento reported Ernie Koschmieder, Food Service Director for Groton Public Schools and his staff will be providing free meals with the Summer Food Program for children in several locations throughout Groton including Washington Park. WSMS, Branford Manor and Groton Estates beginning Monday. There will also be a Farmers Market at WSMS on Fridays from 12:00-5:00 and at the Bill Memorial Library on Tuesdays from 12:00-4:00. VIII. COMMITTEE REFERRALS None. IX. NEW BUSINESS R RESOLUTION THAT THE FINALLY APPROVE AN ORDINANCE TO AUTHORIZE MAYOR MARIAN GALBRAITH TO ENTER INTO AN INTERAGENCY AGREEMENT FOR THE NEW LONDON MARINE GROUP REGIONAL DIVE TEAM WITH THE TOWN OF GROTON AND CITY OF NEW LONDON AND TOWN OF STONINGTON AND CITY OF NORWICH AND TOWN OF WATERFORD AND OLD MYSTIC FIRE DISTRICT AND EXECUTE SAID AGREEMENT WHEREAS, Connecticut General Statute 7-148cc authorizes two or more municipalities to jointly perform any function that each municipality may perform separately under any provisions of the general statutes or of any special act, charter, or home rule ordinance; and WHEREAS, each of the participating municipalities recognize the benefits of joining together for the performance of joint emergency services functions; and WHEREAS, each of the participating municipalities find that entering into a joint participation agreement is necessary for the delivery of more effective services to the citizens of their respective municipalities; and

3 WHEREAS, the undersigned municipalities wish to cooperate in the joint performance of general emergency services involving water search and rescue; and WHEREAS, this Ordinance was published in The Day, a newspaper having general circulation in the City of Groton on May 23, 2014 and May 24, 2014; and NOW, THEREFORE, it is agreed by and between the municipalities signing this compact by their respective chief executive officers, duly authorized upon approval as set forth in said Connecticut General Statute, to the following: 1. The undersigned municipalities hereby delegate to the Police or Fire Chiefs of their respective municipality the authority to determine when the provision of emergency services personnel and resources involving water operations best serves the purpose of this compact and benefits their respective community. 2. The Police and Fire Chiefs of the respective agencies, and having representation on the New London Marine Group, shall utilize this body as an oversight board for the activities of the emergency services water operations group. The marine group is authorized to administer the procedures attached to this compact and may modify these procedures as necessary to insure safe, efficient, and effective operations. 3. For the purposes of this compact emergency service water operations shall be defined as; surface and/or underwater functions involving; evidence recovery, search and rescue, detection, or protection and prevention. 4. The services performed under this compact shall be deemed to be for public and governmental purposes. 5. That at all times when joint emergency services water operations are being conducted, police and fire personnel assigned to the function shall be deemed to be members of the authorized group and shall have the same powers, duties, privileges, and immunities as are conferred upon the police and fire personnel of the municipality in whose jurisdiction the group is operating. 6. Each participating municipality agrees that it shall be responsible for all costs, whether monetary or in the form of goods and services, it incurs as a result of participation in this compact. Such costs may include but are not limited to; a. The actual payroll, including overtime, for the agency's personnel participating in compact activities. b. The replacement or repair cost for any equipment lost, destroyed, damaged, or made unavailable as a result of participation in this compact. c. Fuel and maintenance costs for any vehicles or equipment d. Training costs arising from participation in this compact

4 e. Workers compensation claims pursuant to Connecticut General Statute through a. f. Awards for death, disability or injury to personnel participating in compact related activities to the extent that such awards exceed Worker's Compensation coverage. g. Survivors benefits pursuant to Connecticut General Statute 7-323e. h. Heart and Hypertension claims pursuant to Connecticut General Statute 7-433c. i. Cost arising from agreement, contracts, or obligations the municipality entered into prior to entering this compact. 7. To the fullest extent permitted by law, any participating municipality negligently causing injury or damage shall indemnify and hold harmless the other parties to this compact (and their employees and agents) from any and all claims caused by such party's negligence. In instances where the identity of the negligent actor cannot be determined and/or where liability is predicated upon joint venture, vicarious liability, or upon other similar group. The marine group is authorized to administer the procedures attached to this compact and may modify these procedures as necessary to insure safe, efficient, and effective operations. 8. For grant and funding initiative purposes, the Police or Fire Chief of the lead agency within the participating group, or his/her designed, shall act as the representative and fiduciary for the group. Lead agency responsibility may be transferred to another participating agency upon the unanimous written consent of all of the Police and Fire Chiefs for the departments participating in this compact. 9. Not later than five (5) years from the effective date of this agreement, the effectiveness of this agreement shall be reviewed by the body that approved the agreement for each municipality. 10. Any participating municipality may withdraw from this compact by giving thirty (30) days written notice to all the other participating municipalities. Withdrawal of one or more participants shall not void the compact so long as two or more participants remain active in this compact. THEREFORE, BE IT RESOLVED that the Mayor and Council finally approve An Ordinance to authorize Mayor Marian Galbraith to enter into an Interagency Agreement for the New London Marine Group Regional Dive Team with the Town of Groton and City of New London and Town of Stonington and City of Norwich and Town of Waterford and Old Mystic Fire District and execute said agreement. Councilor Ilvento moved Councilor Hedrick seconded a motion to approve R Mayor Galbraith said this is the second reading of the ordinance.

5 R RESOLUTION THAT THE APPROVE THE CITY OF GROTON ELECTRIC AND WATER UTILITY BUDGETS FOR THE FISCAL YEAR PURSUANT TO THE CITY OF GROTON CHARTER, ARTICLE XI, SECTION 4(A) WHEREAS, pursuant to the City of Groton Charter, Article XI, Section 4(a) the Utilities Commission shall prepare and approve an itemized annual budget proposal for the Department of Utilities.. The Mayor and Council shall approve a final budget no later than June 30 th. ; and WHEREAS, at its Special meeting held April 28, 2014, the Utilities Commission approved the Electric and Water Utility budgets for Fiscal Year ; THEREFORE, BE IT RESOLVED that the Mayor and Council approve the City of Groton Electric and Water Utility Budgets for the Fiscal Year pursuant to the City of Groton Charter, Article XI, Section 4(a). Councilor Dempsey moved Councilor Sheffield seconded a motion to approve R Mayor Galbraith said Utilities Director Yatcko and Mr. Collard were here for the presentation last month and are here to answer any questions they may have. Councilor Dempsey said he is not in favor of adding an additional General Manager position to the budget considering the economic times we are in. Motion carried with Council Dempsey voting against. R RESOLVED: RESOLUTION WITH RESPECT TO THE AUTHORIZATION, ISSUANCE AND SALE OF NOT EXCEEDING $19,500,000 CITY OF GROTON, CONNECTICUT GENERAL OBLIGATION REFUNDING BONDS Section 1. Not exceeding $19,500,000 General Obligation Refunding Bonds (the Refunding Bonds ) of the City of Groton, Connecticut (the City ) may be issued in one or more series and in such principal amounts as the Mayor and Director of Finance shall determine to be in the best interests of the City for the purpose of achieving net present value savings and/or to restructure debt service payments. The Refunding Bonds are hereby authorized to refund all or any portion of any one or more series of the City s outstanding general obligation bonds (the Refunded Bonds ). The Refunding Bonds shall be issued and sold either in a negotiated underwriting or a competitive offering, and at such time or times as the Mayor and Director of Finance shall determine to be most opportune for the City. If the Refunding Bonds are sold in a negotiated underwriting, the Mayor and Director of Finance shall approve and designate the managing underwriter. Each series of Refunding Bonds shall mature in such amounts and on such date or dates as shall be determined by the Mayor and Director of Finance, provided that no Refunding Bonds shall mature later than the final maturity date of the last maturity of any Refunded Bonds being refunded by such series. The Refunding Bonds shall bear interest payable at such rate or rates as shall be determined by the Mayor and Director of Finance, shall be executed in the name and on behalf of the City by the manual or facsimile signatures of the Mayor and Director of Finance, bear the City seal or a facsimile thereof and be approved as to their legality by Robinson & Cole LLP, Bond Counsel. The Refunding Bonds shall be general obligations of the City and each of the Refunding 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,

6 and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The aggregate denominations, form, details, and other particulars thereof, including the terms of any rights of redemption and redemption prices, the designation of the certifying, paying, registrar and transfer agent, shall be subject to the approval of the Mayor and Director of Finance. The net proceeds of the sale of the Refunding Bonds, after payment of underwriters discount and other costs of issuance, shall be deposited in an irrevocable escrow account in an amount sufficient to pay the principal of, interest and redemption premium, if any, due on the Refunded Bonds to maturity or earlier redemption pursuant to the plan of refunding. The Mayor and Director of Finance are authorized to appoint an escrow agent and other professionals and to execute and deliver any and all escrow, investment and related agreements necessary to provide for such payments on the Refunded Bonds and to provide for the transactions contemplated hereby. The Mayor and Director of Finance are authorized to prepare and distribute preliminary and final Official Statements of the City for use in connection with the offering and sale of the Refunding Bonds, and they are hereby authorized to execute and deliver on behalf of the City a Bond Purchase Agreement, a Continuing Disclosure Agreement and a Tax Regulatory Agreement and such other documents necessary or desirable for the issuance of the Refunding Bonds and the payment of the Refunded Bonds. Section 2. This resolution shall be effective until June 30, THEREFORE, BE IT RESOLVED that the Mayor and Council authorize the issuance and sale of not exceeding $19,500,000 City of Groton, Connecticut General Obligation Refunding Bonds. Deputy Mayor Jervis moved Councilor Ilvento seconded a motion to approve R Mayor Galbraith said re-funding the additional bonds at this time will allow even more savings. She said most of the savings would be for Groton Utilities. She said the anticipated savings over the life of the bonds will be 1.6 million dollars. Councilor Dempsey said this was great news. Mayor Galbraith agreed it was and said we have a great financial advisor from Southwest on these matters. R RESOLUTION THAT THE ACCEPT DONATIONS FOR THE COMMUNITY DEVELOPMENT AND BEAUTIFICATION FUND IN SUPPORT OF THE SUMMER IN THE CITY ACTIVITIES AND EVENTS WHEREAS, the following donations have been received by the City of Groton in support of the planned Summer in the City activities: Groton Oil Company, Inc, $50.00 Chelsea Groton Bank, $1, THEREFORE, BE IT RESOLVED that the Mayor and Council accept donations for the Community Development and Beautification Fund in support of the Summer in the City activities and events. Councilor Sheffield moved Councilor seconded a motion to approve R

7 Mayor Galbraith thanked Groton Oil and Chelsea Groton Bank for their generosity. She said Groton Utilities will be a sponsor as well. R RESOLUTION THAT THE ACCEPT A DONATION FOR THE COMMUNITY DEVELOPMENT AND BEAUTIFICATION FUND WHEREAS, the following donation has been received by the City of Groton for continued community development and beautification of projects in the City of Groton: Marian Galbraith, $90.00 THEREFORE, BE IT RESOLVED that the Mayor and Council accept a donation for the Community Development and Beautification Fund. Councilor Hedrick moved Councilor Ilvento seconded a motion to approve R R RESOLUTION THAT THE APPROVE THE TRANSFER OF $20, (TWENTY THOUSAND FOUR HUNDRED EIGHTY DOLLARS AND FORTY-NINE CENTS) TO THE TAX COLLECTOR'S SUSPENSE TAX BOOK WHEREAS, the Finance Department has received a list of taxes which Tax Collector Cynthia L. Small has determined to be uncollectable; and WHEREAS, Tax Collector Cynthia L. Small has requested these uncollectable taxes in the amount of $20, (Twenty Thousand Four Hundred Eighty Dollars and Forty-Nine Cents) be transferred to the Suspense Tax Book; and WHEREAS, said taxes are still collectable; THEREFORE, BE IT RESOLVED that the Mayor and Council approve the transfer of $20, (Twenty Thousand Four Hundred Eighty Dollars and Forty-Nine Cents) to the Tax Collector's Suspense Tax Book. Councilor Gerrish moved Councilor Ilvento seconded a motion to approve R Mayor Galbraith said they all received a copy of the list of the unpaid taxes but they are still collectable. Councilor Dempsey asked if the City had to pay those taxes. Mayor Galbraith said the City does not. She said they do prepare each year for some that aren t paid. Councilor Gerrish asked if most of the unpaid taxes are for autos. Mayor Galbraith said most are but not all.

8 R RESOLUTION THAT THE MAYOR AND CITY COUNCIL APPROVE THE AWARDING OF AUDITING SERVICES FOR FISCAL YEAR JULY 1, 2013 TO JUNE 30, 2014 TO MCGLADREY & PULLEN, LLP, ONE CHURCH STREET, NEW HAVEN, CONNECTICUT TO BE PAID FROM CITY, ELECTRIC AND WATER GENERAL FUNDS WHEREAS, the Mayor, with the approval of the City Council, appoints an auditor for each year; THEREFORE, BE IT RESOLVED that the Mayor and City Council approve the awarding of auditing services for fiscal year July 1, 2013 to June 30, 2014 to McGladrey & Pullen, LLP, One Church Street, New Haven, Connecticut to be paid from City, Electric and Water General Funds. Councilor Ilvento moved Councilor Dempsey seconded a motion to approve R Mayor Galbraith said this firm has been with us for 4 years and we may have to go out to bid next year. X. EXECUTIVE SESSION Deputy Mayor Jervis moved Councilor Ilvento seconded a motion to enter into Executive Session to discuss the hiring of the Director of Finance to include the Councilors and the candidate. Executive Session commenced at 7:48 p.m. Executive Session ended at 8:01 p.m. XI. COMMENTS FROM EXECUTIVE SESSION Councilor Dempsey moved Councilor Gerrish seconded a motion to add resolution R for the hiring of the Director of Finance. R RESOLUTION THAT THE APPROVE THE HIRE OF RONALD YUHAS, JR. AS DIRECTOR OF FINANCE FOR THE CITY OF GROTON EFFECTIVE JULY 7, 2014 WHEREAS, a vacancy exists in the City of Groton Finance Department for a Finance Director; and WHEREAS, Ronald Yuhas, Jr. has the experience, education and qualifications necessary to fulfill the duties of the position; and WHEREAS, the Mayor has recommended the hiring of Ronald Yuhas, Jr. with the appointment as the Director of Finance for the City of Groton to be effective July 7, 2014; THEREFORE, BE IT RESOLVED that the Mayor and Council approve the hire of Ronald Yuhas, Jr. as Director of Finance effective July 7, Councilor Dempsey moved Deputy Mayor Jervis seconded a motion to approve R Mayor Galbraith said they have all had the opportunity to meet and speak with Mr. Yuhas and asked if there were any questions or comments.

9 Councilor Dempsey said they are happy to have him. Mr. Yuhas thanked them for the opportunity. Mayor Galbraith and the Councilors welcomed him and congratulated him. XII. ADJOURNMENT Councilor Ilvento moved Councilor Sheffield seconded a motion to adjourn. Mayor Galbraith adjourned the meeting at 8:03 p.m. ATTEST: APRROVED: Debra Patrick City Clerk

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