City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 A regular meeting of the Council of the City of Norwich was held November 21, 2011 at 7:30 PM in Council Chambers. Present: Aldermen Desaulniers, Braddock, Caron, Hinchey, Popovich, Nash and Mayor Nystrom. City Manager Bergren and Corporation Counsel Michael Driscoll were also in attendance. Ald. Nash read the opening prayer and Ald. Popovich led the members in the Pledge of Allegiance. Mayor Nystrom presented a proclamation recognizing and congratulating Richard Caron in observance of November 21, 2011 as “Richard Caron Day”. PROCLAMATION WHEREAS, volunteering one's time, talents and resources has been an integral part of our American heritage since the early days of our nation and Richard Caron has made a difference in Norwich, where he has served for over 12 years, as the volunteer videographer for the Norwich City Council; and WHEREAS, early technology required Richard Caron to spend as much time in the studio dubbing tapes together as he did filming; and WHEREAS, during that time Richard Caron worked with changing technology as video equipment was upgraded and modified; and WHEREAS, Richard Caron serves as the Connecticut Pardon Team cameraman for public forums that are taped for further use on Comcast; and WHEREAS, it is the duty of all citizens to honor our dedicated volunteers and celebrate all that they contribute and add to the quality of life in Norwich and today we honor Richard Caron, an individual who has taken action to meet a need in his community. NOW THEREFORE, I, MAYOR PETER ALBERT NYSTROM AND NORWICH CITY COUNCIL PRESIDENT PRO TEM, PETE DESAULNIERS, ON BEHALF OF THE NORWICH CITY COUNCIL AND THE CITIZENS OF THE CITY OF NORWICH, do hereby proclaim Monday, November 21, 2011 as Richard Caron Day in the City of Norwich. Dated this Twenty First Day of November, 2011 Peter Albert Nystrom Pete Desaulniers Mayor President Pro Tem Mayor Nystrom presented Ald. Caron, Popovich and Nash with small gifts of appreciation for their service on the Council. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 Upon motion of Ald. Caron, seconded by Ald. Braddock, it was unanimously voted to adopt the minutes of October 3rd, 11th and 17th, 2011. Mayor Nystrom called for a Public Hearing on AN ORDINANCE AMENDING SECTION 19-1 OF THE NORWICH CODE OF ORDINANCES – SNOW, SLEET AND ICE REMOVAL OR SANDING – TIME FOR REMOVAL OF SNOW AND SLEET BY PRIVATE PERSON TO PROVIDE ADDITIONAL TIME TO REMOVE SNOW AND SLEET FROM A SIDEWALK Speaking in favor: Andy Depta, 105 Vergason Ave., commented that the ordinance is flawed with respect to the fact that in some cases apartment buildings are not owner occupied or no onsite maintenance staff causing a delay in the removal of snow. Also in the case of elderly people where they are not capable of doing the removal themselves it could still cause a problem. Marvin Serruto, 100 Star St., stated that this is a good idea. Speaking in opposition: None There being no further speakers Mayor Nystrom declared the public hearing closed. Upon a motion Ald. Hinchey, seconded by Ald. Caron , to adopt the following ordinance introduced by Ald. Desaulniers, Hinchey and Popovich: AN ORDINANCE AMENDING SECTION 19-1 OF THE NORWICH CODE OF ORDINANCES – SNOW, SLEET AND ICE REMOVAL OR SANDING – TIME FOR REMOVAL OF SNOW AND SLEET BY PRIVATE PERSON TO PROVIDE ADDITIONAL TIME TO REMOVE SNOW AND SLEET FROM A SIDEWALK WHEREAS, Section 19-1 of the Norwich Code of Ordinances presently requires that the owner, occupant or person having the care of any building or lot of land bordering on any street, square, or public place in the City of Norwich where there is a sidewalk shall cause all snow and sleet to be removed therefrom within three (3) hours after the same has fallen or is otherwise deposited on the sidewalk or within three (3) hours after sunrise when the snowfall or deposit occurs in the nighttime; and WHEREAS, after consideration, the Public Works and Capital Improvement Committee of the City of Norwich, finding that three (3) hours is often an inadequate amount of time to accomplish this, and the plowing of snow on public streets or adjoining property can cause a new deposit or redeposit of snow on sidewalks previously cleared, and recommends extending the time for the removal to twelve (12) hours following a storm ending during daylight hours or six (6) hours after sunrise for a storm ending during the night hours. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH that Section 19-1 of the Norwich Code of Ordinances be amended as follows: Sec 19-1. – Snow, sleet and ice removal or sanding – Time for removal of snow and sleet by private person. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 The owner, occupant or any person having the care of any building or lot of land bordering on any street, square, or public place in the city where there is a sidewalk shall cause to be removed therefrom all snow and sleet within three twelve (12) hours after the same shall have fallen, been deposited or found, or within three six (6) hours after sunrise when the same shall have occurred in the nighttime. Purpose: To increase the hours within which snow or sleet is to be removed from certain sidewalks. On a roll call vote, the above ordinance passed 7-0. City manager gave his report as follows: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 14 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 15 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 16 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 17 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 18 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 19 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 20 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 21 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 22 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 23 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 24 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 25 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 26 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 27 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 28 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 29 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 30 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 31 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 32 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 33 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 34 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 Upon a motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to suspend the rules to introduce the following resolution. Upon a motion of Ald. Popovich, seconded by Ald. Hinchey, it was unanimously voted to suspend the rules to add the following resolution. WHEREAS, Connecticut General Statute § 4‐124s, as amended by Section 5 of Public Act 11‐61, establishes Connecticut’s Regional Performance Incentive (RPI) Program which provides financial assistance to regional planning organizations for projects or related planning studies designed to provide cost savings services to municipalities on a regional basis; and WHEREAS, the Southeastern Connecticut Council of Governments (SCCOG) intends to submit a proposal or proposals for Regional Performance Incentive Program funding, which proposal or proposals are due on or before December 31, 2011, the proposal or proposals to be submitted by Southeastern Connecticut Council of Governments to include: 1) preparation of a comprehensive plan and model for shared services, equipment, and staff by all twenty (20) SCCOG municipalities; 2) creation of a digital index of town clerk maps in all twenty (20) SCCOG municipalities; and 3) SCCOG join the Capitol Region Council of Governments on‐line permitting program. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that it hereby endorses and supports the Regional Performance Incentive Program proposals, as described herein, to be submitted by the Southeastern Connecticut Council of Governments to the Office of Policy and Management of the State of Connecticut on or before December 31, 2011. Mayor Nystrom called for citizen comment on resolutions. Keith Ripley, Meadow Lane, questioned whether or not resolution #8 would have and adverse impact on the surrounding neighborhoods. He would like to have some guidance given from the Police and Fire Departments in regards to closing this road. In his opinion it doesn’t affect the neighborhood in emergency situations. David Crabb, 47 Prospect St., opposed #2, 6, and 10 he feels this should be handed over to the next Council and this should be a budget discretion item. Marvin Serruto, 100 Star St., doesn’t understand why this is necessary it doesn’t make sense to him. Andy Depta, 105 Vergason Ave., commented on resolution #2 stating that just because a state grant ends the burden should not be put on the taxpayer. He disagrees with the premise that the state decides it cannot afford the grant and it becomes the taxpayer’s responsibility. He also requests that the agenda order be changed to have citizen comment before executive session so people are not left waiting for the sometimes long executive session to be over to make their comments. Joanne Philbrick, 10 Elm Ave., thanked Ald. Nash, Caron and Popovich for their service and invited them to comeback and join the public at future meetings. In regard to resolution #2 she would like to 35 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 see this be a budget line item in the future rather than the way this is being presented. Also in regard to resolution #9 she had some concern about the structure of the search committee. She referred back to the appointment of the last town clerk that she and another member of the public were a part of that process in designing a series of questions for the candidates. She also feels that this is a big move and questioned the rush for getting this done. She also is skeptical about the qualifications of the new Council to make this decision. She also questioned resolution #10 stating her compassion for the Thayers and would like to know how much money this settlement involves and what is it going to cost the taxpayers? There being no further speakers, Mayor Nystrom declared citizen comment period closed. Upon a motion of Ald. Braddock, seconded by Ald. Caron it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, Ald. Desaulniers and Braddock: WHEREAS, the Harbor Management Commission has delivered to the City Council a Waterfront Vision for the City Of Norwich; and WHEREAS, the Council believes the document will be of assistance in preparing the update of the City’s Plan of Conservation and Development; and WHEREAS, the City Council has acknowledged receipt of this document at its last meeting on October 17, 2011. NOW, THEREFORE, BE IT RESOLVED, that the City Council transmits the Waterfront Vision Plan to the Commission on the City Plan for consideration in the updated Plan of Conservation and Development. Upon a motion of Ald. Hinchey, seconded by Ald. Desaulniers it was voted to adopt the following resolution, introduced by Ald. Desaulniers and Braddock with Ald. Popovich voting in opposition: WHEREAS, the City of Norwich had historically received a Boat PILOT grant from the Connecticut Office of Policy and Management of roughly $7,000 annually; and WHEREAS, said Boat PILOT grants have been used by the Harbor Commission in support of its operations and the Harbor Commission proposes to use said sum for commission expenses, planning activities, and professional support in the furtherance of promoting the Norwich Harbor; and WHEREAS, the Boat PILOT grant was eliminated from the State of Connecticut budget for fiscal year 2011- 12. NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Norwich that $7,000 be, and hereby is, appropriated from the Contingency Account 01090-80086 to support the Harbor Commission. Mayor Nystrom withdrew the following resolution : WHEREAS, the Council of the City of Norwich amended its Code of Ordinances on August 3, 2009, to provide for an Ethics Commission to consist of five (5) regular members and two (2) alternate members to serve two year terms; and 36 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 BE IT RESOLVED that the below names be and hereby are re-appointed as regular members of the Ethics Commission with at term to expire on October 18, 2013 or until a successor is appointed: Ira W. Misenheimer IV (R) Robert E. Davidson (D) Tamara Lanier (D) Wayne Rosenfield (D) Joseph Sastre (U) BE IT RESOLVED that the below named be and hereby are re-appointed as alternate members of the Ethics Commission with a term to expire on October 18, 2013 or until a successor is appointed: Marcia Marien (D) Alan High (R) Upon a motion of Ald. Nash, seconded by Ald. Braddock it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and City Manager Bergren: WHEREAS, City Manager, Alan H. Bergren, proposes, subject to the approval of the Council, to re- appoint as regular members of the Harbor Management Commission for a term to expire on 12/6/13 or until a successor is appointed the following; John Paul Mereen (R) Richard Benoit (D) Joanne Philbrick (U) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby approves the re-appointment of the above named to the Harbor Management Commission. Upon a motion of Ald. Braddock, seconded by Ald. Nash it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and City Manager Bergren: WHEREAS, the City Manager Alan H. Bergren has recommended for re-appointment as regular members to the Inland, Wetlands, Water Courses and Conservation Commission for a term to expire on 6/15/13 or until a successor is appointed, the following; Richard Morell (D) Ralph Page (D) Barbara Rothstein (D) Douglas Lee (U) Raymond Baribeault (D) Dr. Jeremiah Lowney (D) 37 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 WHEREAS, the City Manager Alan H. Bergren has recommended for re-appointment as an alternate member to the Inland, Wetlands, Water Courses and Conservation Commission for a term to expire on 6/15/13 or until a successor is appointed, the following; Robert McCoy (D) Arthur Sharron (D) NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Norwich hereby approves the appointment and re-appointment of the above named to the Inland, Wetlands, Water Courses and Conservation Commission. Upon a motion of Ald. Hinchey, seconded by Ald. Nash it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: WHEREAS, the City of Norwich successfully managed funds received through the Title III, Emergency Assistance for the Redevelopment of Abandoned and Foreclosed Homes, of the Housing and Economic Recovery Act of 2008 (HERA) which were allocated by the State of Connecticut for the redevelopment of abandoned and foreclosed upon homes and residential properties (the Neighborhood Stabilization Program or NSP); and WHEREAS, The Wall Street Reform and Economic Recovery Act of 2010 provides further funding for the NSP program and pursuant to Chapter 127c, Part VI of Chapter 130 of Connecticut General Statutes, the Commissioner of the State of Connecticut Department of Economic and Community Development is authorized to once again disburse such federal monies; and WHEREAS, the State of Connecticut’s Action Plan Substantial Amendment requires that each subrecipient (as that term is defined in the Substantial Amendment) submit a Local Action Plan (as that term is defined in the Substantial Amendment) to the State of Connecticut, Department of Economic and Community Development (State or DECD) in order to receive funds allocated to said subrecipient; and WHEREAS, a local action plan that identifies areas of greatest need where these funds will be distributed has been filed by the City of Norwich and has been accepted by the State. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NORWICH authorizes Alan H. Bergren, City Manager, to submit any and all other documents including contractor pass-thru agreements as may be required in order to execute an Assistance Agreement with the State of Connecticut for State NSP (3), and to act as the authorized representative of the City of Norwich. Upon a motion of Ald. Braddock, seconded by Ald. Nash it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: WHEREAS, the State of Connecticut acting through its Department of Transportation has notified the City of Norwich that it proposes to dispose of land located on CT Route 82 – Salem Turnpike; and 38 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 WHEREAS, pursuant to Connecticut General Statute §3‐14b the State of Connecticut has notified the City of its intention and offered to sell the property to the City of Norwich for $6,000; and WHEREAS, the State has advised the City to notify it within 45 days of October 25, 2011 whether it is interested or not interested in purchasing the property; and WHEREAS, if the City fails to respond within said 45 days it will be deemed to have waived its right to purchase pursuant to Connecticut General Statute §3‐14b; and WHEREAS, the property consists of approximately 195 square feet located on Route 82 just west of its intersection with Wawecus Hill Road as shown on Exhibit A attached hereto; and WHEREAS, the Council of the City of Norwich finds that the City has no need of the property at this time. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that City Manager Alan H. Bergren be and hereby is, authorized and directed to respond to the State’s inquiry by advising that the City of Norwich is not interested in acquiring the property. 39 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 Upon motion of Ald. Braddock, seconded by Ald. Popovich, it was unanimously voted to refer to the Commission on the City Plan the following ordinance introduced by Mayor Peter Nystrom, Ald. Hinchey and Desaulniers and put back on the agenda for January 3, 2012 regular meeting. WHEREAS, the Mohegan Park Improvement and Development Committee, at a meeting held July 14, 2011, unanimously approved a resolution endorsing and supporting the permanent closure of a section of Mohegan Park Road adjacent to the Park Center for the purpose of creating a safer recreational environment and more open space for family activities including picnicking and potential expansion of the playground area; and WHEREAS, the Council of the City of Norwich, by resolutions adopted June 2, 2008, has seasonally restricted motor vehicle traffic from using this section of the roadway; and 40 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 WHEREAS, the Council of the City of Norwich accepts the recommendation of the Mohegan Park Improvement and Development Committee for the purpose of creating a safer recreational environment and more recreational open space within the park. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that a portion of Mohegan Park Road be discontinued for use by motor vehicle traffic, the portion of Mohegan Park Road to be discontinued commencing at a point approximately 785 feet south of the intersection of Mohegan Park Road and the northern terminus of Wilderness Road and the southern point of discontinuance to be at a point approximately 780 feet north of the intersection of Mohegan Park Road and the southern terminus of Wilderness Road. Upon a motion of Ald. Nash, seconded by Ald. Braddock it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom: WHEREAS, the Council of the City of Norwich, by resolution adopted October 17, 2011 directed the City Manager to obtain resumes and other information with respect to applicants for the position of city and town clerk and to report on such to the Council of the City of Norwich prior to its meeting scheduled for November 21, 2011; and WHEREAS, City Manager Alan H. Bergren has reported that the city has received and processed 28 applications and conducted a preliminary review. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that it establish a Personnel Search Committee to consist of Peter Nystrom, Peter Desaulniers, Tucker Braddock, Deb Hinchey, Mark Bettencourt, Charles Jaskiewicz and Sofee Noblick, which committee will, with such assistance as it deems to be necessary and expedient, review and further process the applications, conduct interviews of a selected candidate or candidates, rank applications and/or candidates and recommend a candidate to be selected as the city and town clerk for the City of Norwich to be appointed on the first Tuesday of December 2011. Upon a motion of Ald. Popovich, seconded by Ald. Braddock it was unanimously voted to postpone the following resolution introduced by Mayor Nystrom until after the scheduled executive session of this meeting. WHEREAS, Richard Thayer aka Richard A. Thayer, Sr., Richard Thayer, III as administrator of the Estate of Mary Anna Thayer, Thayer Enterprises LLC and Thayer Marine Inc. (hereinafter jointly referred to as the “Thayers”) have made claim in a civil action with respect to the taking of a portion of certain real property known as “Falls Avenue” and with respect to the construction of the Intermodal Transportation Center; and WHEREAS, the Thayers allege they have been aggrieved by said taking and claim damages to their properties adjoining Falls Avenue known as 37‐59 West Main Street, 63‐65 West Main Street, 67 West Main Street, 71‐73 West Main Street, 5 Falls Avenue and 14 Falls Avenue (collectively referred to herein as “Thayer Properties”); and 41 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 WHEREAS, the Thayers have put the city of notice that certain items of personal property belonging to the Thayer’s have been damaged by the construction of the Intermodal Transportation Center; and WHEREAS, the claims of aggrievement by said Thayers have been made in a civil action pending in the Superior Court for the Judicial District of New London entitled, “City of Norwich vs. CB Rogers, Case No. CV‐08‐40009028; and WHEREAS, the City of Norwich and the Thayer’s are desirous of resolving said litigation and all asserted claims by a settlement to include: 1) A payment in settlement of all claims and all damages claimed by the Thayers including those as set forth and described in a certain appraisal entitled, ““Summary Appraisal Report”, Thayer’s Marine, 14 Falls Avenue, Norwich, Connecticut 06360, prepared by Mark Nadeau dated January 24, 2011;” and including, but not limited to, damages related to: a) visibility of the property; b) impact on “quality of life”; c) impact on the height on parking deck for clearance of boats; d) impact on access to the property; e) any claim related to the replacement of a fence along the western line of the Thayer’s Properties; f) claims against the city related to dust and dirt related damages to boats; g) any claims against the city for economic damages suffered by the Thayers or Thayer Properties as a result of the said taking and the Intermodal Transportation Center project; 2) The delivery to the City of Norwich of a duly executed quitclaim deed by the Thayers conveying any interest claimed by the Thayers in the property known as Falls Avenue, said quitclaim deed to be in a form acceptable to the City of Norwich. 3) The execution of a settlement agreement by the Thayers and the City of Norwich in which, among other things, all parties acknowledge and agree that the action of the City Council by its resolution discontinuing Falls Avenue as a public street did preserve in the Thayers a right‐of‐way over Falls Avenue, providing ingress and egress to the Thayer Properties adjoining Falls Avenue. 4) The delivery to the City of Norwich by the Thayers of an unconditional release to the City of Norwich releasing, waiving and forever discharging any and all claims, causes of action, suit or defenses of any kind whatsoever (if any), whether known or unknown which they may otherwise have against the City of Norwich, the Norwich Community Development Corporation and any of their officers, directors, employees. Aldermen and/or attorneys as more particularly set forth in the settlement agreement described herein; 42 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 which release may exclude any claim of Richard Thayer, III, administrator of the Estate of Mary Anna Thayer for personal injuries sustained by Mary Anna Thayer as a result of her fall on July 13, 2009 and any loss of consortium claim which may be derived therefrom; and WHEREAS, the Council of the City of Norwich finds such proposed settlement to be in the best interest of the City of Norwich. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that City Manager Alan H. Bergren be and hereby is authorized and directed to enter into a settlement agreement with the Thayers as described herein and satisfactory to him and to the Corporation Counsel, to accept and cause to be recorded a quitclaim deed from the Richard A. Thayer Sr. as described herein, to accept on behalf of the City of Norwich a release of the claims of the Thayers as described herein, and to enter into, deliver and receive such other documents as may be necessary to effectuate the terms of the settlement agreement. AND BE IT FURTHER RESOLVED, by the Council of the City of Norwich that the sum of $ dollars be and hereby is appropriated from Accounts and to be paid by the City of Norwich to the Thayers by a check payable to Richard A. Thayer, Sr., Richard A. Thayer, III as administrator of the Estate of Mary Anna Thayer, Thayer Enterprises LLC and Thayer Marine Inc. by way of a compromise in full satisfaction of the claims of the Thayers as more fully set forth in the settlement agreement and this resolution and that City Manager Alan H. Bergren be and hereby is authorized and directed to deliver said check to Attorney Mark Block acting on behalf of the Norwich Community Development Corporation and the City of Norwich for delivery to the Thayers. Mayor Nystrom requested a change in the agenda to go directly into Citizen Comment following the action on the following resolution. Upon a motion of Ald.Braddock, seconded by Ald. Nash it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom and City Manager Bergren: WHEREAS, Connecticut General Statute § 4‐124s, as amended by Section 5 of Public Act 11‐61, establishes Connecticut’s Regional Performance Incentive (RPI) Program which provides financial assistance to regional planning organizations for projects or related planning studies designed to provide cost savings services to municipalities on a regional basis; and WHEREAS, the Southeastern Connecticut Council of Governments (SCCOG) intends to submit a proposal or proposals for Regional Performance Incentive Program funding, which proposal or proposals are due on or before December 31, 2011, the proposal or proposals to be submitted by Southeastern Connecticut Council of Governments to include: 1) preparation of a comprehensive plan and model for shared services, equipment, and staff by all twenty (20) SCCOG municipalities; 43 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 2) creation of a digital index of town clerk maps in all twenty (20) SCCOG municipalities; and 3) SCCOG join the Capitol Region Council of Governments on‐line permitting program. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that it hereby endorses and supports the Regional Performance Incentive Program proposals, as described herein, to be submitted by the Southeastern Connecticut Council of Governments to the Office of Policy and Management of the State of Connecticut on or before December 31, 2011. Mayor Nystrom called for citizen comment. David Crabb, 47 Prospect St., referred to a CNBC program “American Greed” that spoke about a Pittsburgh contractor that bilked federal government from special programs like Neighborhood Stabilization Program that requires federal funds. It was a lot work but once in place it started traveling across the country. Andy Depta, 105 Vergason Ave., thanked the members of the Council that chose not to run again or those whom did not get re-elected for their service and invited them to comeback and sit in the audience. He also reinforced that fact the “Roberts Rules of Order” is not being followed in the meeting procedures. Joanne Philbrick, 10 Elm Ave., echoed Mr. Depta’s comments and encouraged people to give feedback on the website survey. Keith Ripley, Meadow Lane, reminded everyone about the November 29, 2011 public meeting on the Plan of Conservation at the Senior Center, 7:00 PM to attend and give us ideas to move the city forward. He also recommended looking into a tax credit for putting in an electric charging station for electric cars. He also thanked the Council members that are leaving for what they have done and to not give up the idea of returning as members again. There being no further speakers, Mayor Nystrom declared citizen comment period closed. Upon a motion by Ald. Hinchey, seconded by Ald. Popovich, it was unanimously voted to go into Executive Session for the purpose of discussing pending claims and litigation, City Manager, Alan H. Bergren, Comptroller Joseph Ruffo, Corporation Counsel, Michael Driscoll, and Attorney, Mark Block were asked to participate during all or portions of this Executive Session at the request of the City Council. The council was in Executive Session from 8:30 PM to 9:15 PM, at which time Mayor Nystrom stated no votes were taken. Upon a motion by Ald. Braddock, seconded by Ald. Nash it was unanimously voted to reconvene. Upon a motion of Ald. Desaulniers, seconded by Ald. Braddock it was unanimously voted to bring the following resolution back to the table introduced by Mayor Nystrom: 44 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 WHEREAS, Richard Thayer aka Richard A. Thayer, Sr., Richard Thayer, III as administrator of the Estate of Mary Anna Thayer, Thayer Enterprises LLC and Thayer Marine Inc. (hereinafter jointly referred to as the “Thayers”) have made claim in a civil action with respect to the taking of a portion of certain real property known as “Falls Avenue” and with respect to the construction of the Intermodal Transportation Center; and WHEREAS, the Thayers allege they have been aggrieved by said taking and claim damages to their properties adjoining Falls Avenue known as 37‐59 West Main Street, 63‐65 West Main Street, 67 West Main Street, 71‐73 West Main Street, 5 Falls Avenue and 14 Falls Avenue (collectively referred to herein as “Thayer Properties”); and WHEREAS, the Thayers have put the city of notice that certain items of personal property belonging to the Thayer’s have been damaged by the construction of the Intermodal Transportation Center; and WHEREAS, the claims of aggrievement by said Thayers have been made in a civil action pending in the Superior Court for the Judicial District of New London entitled, “City of Norwich vs. CB Rogers, Case No. CV‐08‐40009028; and WHEREAS, the City of Norwich and the Thayer’s are desirous of resolving said litigation and all asserted claims by a settlement to include: 1) A payment in settlement of all claims and all damages claimed by the Thayers including those as set forth and described in a certain appraisal entitled, ““Summary Appraisal Report”, Thayer’s Marine, 14 Falls Avenue, Norwich, Connecticut 06360, prepared by Mark Nadeau dated January 24, 2011;” and including, but not limited to, damages related to: a) visibility of the property; b) impact on “quality of life”; c) impact on the height on parking deck for clearance of boats; d) impact on access to the property; e) any claim related to the replacement of a fence along the western line of the Thayer’s Properties; f) claims against the city related to dust and dirt related damages to boats; g) any claims against the city for economic damages suffered by the Thayers or Thayer Properties as a result of the said taking and the Intermodal Transportation Center project; 2) The delivery to the City of Norwich of a duly executed quitclaim deed by the Thayers conveying any interest claimed by the Thayers in the property known as Falls Avenue, said quitclaim deed to be in a form acceptable to the City of Norwich. 3) The execution of a settlement agreement by the Thayers and the City of Norwich in 45 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 which, among other things, all parties acknowledge and agree that the action of the City Council by its resolution discontinuing Falls Avenue as a public street did preserve in the Thayers a right‐of‐way over Falls Avenue, providing ingress and egress to the Thayer Properties adjoining Falls Avenue. 4) The delivery to the City of Norwich by the Thayers of an unconditional release to the City of Norwich releasing, waiving and forever discharging any and all claims, causes of action, suit or defenses of any kind whatsoever (if any), whether known or unknown which they may otherwise have against the City of Norwich, the Norwich Community Development Corporation and any of their officers, directors, employees. Aldermen and/or attorneys as more particularly set forth in the settlement agreement described herein; which release may exclude any claim of Richard Thayer, III, administrator of the Estate of Mary Anna Thayer for personal injuries sustained by Mary Anna Thayer as a result of her fall on July 13, 2009 and any loss of consortium claim which may be derived therefrom; and WHEREAS, the Council of the City of Norwich finds such proposed settlement to be in the best interest of the City of Norwich. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that City Manager Alan H. Bergren be and hereby is authorized and directed to enter into a settlement agreement with the Thayers as described herein and satisfactory to him and to the Corporation Counsel, to accept and cause to be recorded a quitclaim deed from Richard A. Thayer Sr. as described herein, to accept on behalf of the City of Norwich a release of the claims of the Thayers as described herein, and to enter into, deliver and receive such other documents as may be necessary to effectuate the terms of the settlement agreement. AND BE IT FURTHER RESOLVED, by the Council of the City of Norwich that the sum of $ dollars be and hereby is appropriated from Accounts and to be paid by the City of Norwich to the Thayers by a check payable to Richard A. Thayer, Sr., Richard A. Thayer, III as administrator of the Estate of Mary Anna Thayer, Thayer Enterprises LLC and Thayer Marine Inc. by way of a compromise in full satisfaction of the claims of the Thayers as more fully set forth in the settlement agreement and this resolution and that City Manager Alan H. Bergren be and hereby is authorized and directed to deliver said check to Attorney Mark Block acting on behalf of the Norwich Community Development Corporation and the City of Norwich for delivery to the Thayers Upon a motion of Ald. Braddock seconded by Ald. Nash, it was unanimously voted to amend the above resolution as follows: WHEREAS, Richard Thayer aka Richard A. Thayer, Sr., Richard Thayer, III as administrator of the Estate of Mary Anna Thayer, Thayer Enterprises LLC and Thayer Marine Inc. (hereinafter jointly referred to as the “Thayers”) have made claim in a civil action with respect to the taking of a portion of certain real property known as “Falls Avenue” and with respect to the construction of the Intermodal Transportation Center; and 46 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 WHEREAS, the Thayers allege they have been aggrieved by said taking and claim damages to their properties adjoining Falls Avenue known as 37‐59 West Main Street, 63‐65 West Main Street, 67 West Main Street, 71‐73 West Main Street, 5 Falls Avenue and 14 Falls Avenue (collectively referred to herein as “Thayer Properties”); and WHEREAS, the Thayers have put the city of notice that certain items of personal property belonging to the Thayer’s have been damaged by the construction of the Intermodal Transportation Center; and WHEREAS, the claims of aggrievement by said Thayers have been made in a civil action pending in the Superior Court for the Judicial District of New London entitled, “City of Norwich vs. CB Rogers, Case No. CV‐08‐40009028; and WHEREAS, the City of Norwich and the Thayer’s are desirous of resolving said litigation and all asserted claims by a settlement to include: 1) A payment in settlement of all claims and all damages claimed by the Thayers including those as set forth and described in a certain appraisal entitled, ““Summary Appraisal Report”, Thayer’s Marine, 14 Falls Avenue, Norwich, Connecticut 06360, prepared by Mark Nadeau dated January 24, 2011;” and including, but not limited to, damages related to: a) visibility of the property; b) impact on “quality of life”; c) impact on the height on parking deck for clearance of boats; d) impact on access to the property; e) any claim related to the replacement of a fence along the western line of the Thayer’s Properties; f) claims against the city related to dust and dirt related damages to boats; g) any claims against the city for economic damages suffered by the Thayers or Thayer Properties as a result of the said taking and the Intermodal Transportation Center project; 2) The delivery to the City of Norwich of a duly executed quitclaim deed by the Thayers conveying any interest claimed by the Thayers in the property known as Falls Avenue, said quitclaim deed to be in a form acceptable to the City of Norwich. 3) The execution of a settlement agreement by the Thayers and the City of Norwich in which, among other things, all parties acknowledge and agree that the action of the City Council by its resolution discontinuing Falls Avenue as a public street did preserve in the Thayers a right‐of‐way over Falls Avenue, providing ingress and egress to the Thayer Properties adjoining Falls Avenue. 47 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 4) The delivery to the City of Norwich by the Thayers of an unconditional release to the City of Norwich releasing, waiving and forever discharging any and all claims, causes of action, suit or defenses of any kind whatsoever (if any), whether known or unknown which they may otherwise have against the City of Norwich, the Norwich Community Development Corporation and any of their officers, directors, employees. Aldermen and/or attorneys as more particularly set forth in the settlement agreement described herein; which release may exclude any claim of Richard Thayer, III, administrator of the Estate of Mary Anna Thayer for personal injuries sustained by Mary Anna Thayer as a result of her fall on July 13, 2009 and any loss of consortium claim which may be derived therefrom; and WHEREAS, the Council of the City of Norwich finds such proposed settlement to be in the best interest of the City of Norwich. NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Norwich that City Manager Alan H. Bergren be and hereby is authorized and directed to enter into a settlement agreement with the Thayers as described herein and satisfactory to him and to the Corporation Counsel, to accept and cause to be recorded a quitclaim deed from the Thayers as described herein, to accept on behalf of the City of Norwich a release of the claims of the Thayers as described herein, and to enter into, deliver and receive such other documents as may be necessary to effectuate the terms of the settlement agreement. AND BE IT FURTHER RESOLVED, by the Council of the City of Norwich that the sum of $ 150,000. dollars be and hereby is appropriated from Accounts 01090‐80072 (claims) $50,000. and 01090‐80086 (contingency) $100,000. to be paid by the City of Norwich to the Thayers by a check payable to Richard A. Thayer, Sr., Richard A. Thayer, III as administrator of the Estate of Mary Anna Thayer, Thayer Enterprises LLC and Thayer Marine Inc. by way of a compromise in full satisfaction of the claims of the Thayers as more fully set forth in the settlement agreement and this resolution and that City Manager Alan H. Bergren be and hereby is authorized and directed to deliver said check to Attorney Mark Block acting on behalf of the Norwich Community Development Corporation and the City of Norwich for delivery to the Thayers. Upon a motion of Ald. Popovich seconded by Ald. Nash, it was unanimously voted to accept and adopt the amended above resolution noting the Ald. Caron was not present at the meeting after the executive session. Upon motion of Ald.Nash, seconded by Ald. Hinchey, it was unanimously voted to adjourn at 9:25 PM. 48 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 21, 2011 ASSISTANT CITY CLERK 49