City Council

AGENDA - MEETING OF THE COUNCIL OF THE CITY OF NORWICH October 20, 2014 6:30PM PRAYER PLEDGE OF ALLEGIANCE CITIZEN COMMENT GENERAL (30 Minutes) PROCLAMATIONS AND SPECIAL OBSERVANCES 1. Certificate of Appreciation presented to Kevin Harkins. PUBLIC HEARINGS 1. AN ORDINANCE ESTABLISHING A COMMISSION FOR THE DISABLED. SECOND READING AND ACTION ON THE PROPOSED ORDINANCES LISTED ABOVE PETITIONS AND COMMUNICATIONS 1. Communication from NCDC regarding the Farmer's Market Promotion Program. 2. Communication noting the placement of St. Joseph's Polish Roman Catholic Church Complex on the State Register of Historic Places. 3. Communication from Robert "Red" McKeon regarding Occum. CITY MANAGER'S REPORT CITIZENS COMMENT ON RESOLUTIONS NEW BUSINESS-RESOLUTIONS 1. Relative to authorizing a license agreement with Dominion Nuclear Connecticut Inc. for the use of the parking area at Dodd Stadium. 2. Relative to authorizing entering into an easement and other agreements with Algonquin Gas Transmission LLC. 3. Relative to recognition of Gaetano "Tom" Mazzarella and World War II Veterans. NEW BUSINESS- ORDINANCE 1. AN ORDINANCE REGARDING THE ADOPTION OF FINANCIAL MANAGEMENT POLICIES City Clerk  PUBLIC HEARING #1 AN ORDINANCE ESTABLISHING A COMMISSION FOR THE DISABLED NOW THEREFORE, BE IT ORDAINED, BY THE COUNCIL OF THE CITY OF NORWICH that the Code of Ordinances of the City of Norwich be amended by adding Article VII to Chapter 2 of the Code of Ordinances to include sections to be numbered 2-88 through 2­ 93 to read as follows: ARTICLE VII. COMMISSION FOR THE DISABLED Sec. 2-88. Purpose. It is the purpose of this article to establish a Commission to advise the mayor and the Council of the City of Norwich of the needs of persons with disabilities within the Norwich community with relation to housing, employment, transportation, economics, health, recreation and other relevant matters consistent with the duties enumerated in Sec. 2-91. The Commission shall, in addition, recommend to the mayor and Council ways in which programs and services offered by the City of Norwich may be made more accessible to persons with disabilities and in which obstacles hindering employment and enjoyment of programs and services may be eliminated. Sec. 2-89. Created; members. The Norwich Commission for the Disabled is hereby created and shall have its principal office in City Hall, Norwich, COIll1ecticut, or such other place as may be designated, and shall consist of nine members; to include four members who are persons with disabilities, two members who are relatives of one or more persons with disabilities or who regularly work with or provide services to one or more persons with disabilities, and three additional members. Members of the Commission, who all must be electors of the City of Norwich, shall be appointed by the Council, and shall serve for a term of 2 years, or until their successors shall be duly appointed. Sec. 2-90. Definitions. Unless the context requires otherwise, Commission means the Norwich Commission for the Disabled. Disability means any condition or characteristic that renders a person a "person with disabilities" as defined below.  Person with disabilities means any person who (i) has a physical or mental impairment which substantially limits one or more major life activities, (ii) has a record of such an impairment, or (iii) is regarded as having such an impairment. As used herein: (a) Physical or mental impairment means (1) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or (2) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. This term includes, but is not limited to, however, such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, drug addiction and alcoholism. (b) Major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. (c) Has a record of such an impairment means has a history of, or has been misclassified as having a mental or physical impairment that substantially limits one or more major life activities. (d) Is regarded as having an impairment means (1) has a physical or mental impairment that does not substantially limit major life activities, but that is treated by the commission as constituting such a limitation; or (2) has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment. Sec. 2-91. Powers and Duties. The Norwich Commission for the Disabled is hereby empowered to exercise all the duties as an advisory body consistent with its purpose as stated in Sec. 2-88 and as further set forth in this section. The duties of the Norwich Commission for the Disabled shall be as follows: (a) To continuously study and analyze the needs of residents with disabilities in Norwich in order to maintain innovative approaches to their changing needs. (b) To foster understanding and respect for persons with disabilities. (c) To encourage participation of residents with disabilities in all aspects of community life.  (d) To exchange infonnation and cooperate with organizations in surrounding towns, and at the state and national level, as appropriate, in furtherance of its purpose, powers, and duties. (e) To advise the mayor and city council of the needs of persons with disabilities within the Norwich community with relation to housing, employment, transportation, economics, health, recreation and other relevant matters. (f) To report to the Mayor and Council on a regular basis including the filing of a written annual report on or before the first meeting of the Council in February of each year commencing in February, 2016 and continuing annually thereafter. Sec. 2-92 No Compensation. The members of the commission shall serve without compensation. Sec. 2-93 Effective Date. This Ordinance shall become effective ten days (l0) days after publication III a newspaper having a substantial circulation within the City of Norwich. Mayor Deberey Hinchey  RESOLUTION #1 WHEREAS, Dominion Nuclear Connecticut, Inc. (Dominion) has constructed and maintains an emergency operations facility at 18 Stott Avenue adjacent to Dodd Stadium; and WHEREAS, Dominion is required to conduct periodic drills and training exercises associated with its emergency operations facility and, should an actual emergency event occur, may be required to activate and mobilize its emergency response organization and the emergency operations facility; and WHEREAS, Dominion has requested the City of Norwich grant it licenses to access and use certain portions of the parking areas at Dodd Stadium as required for vehicle parking and/or in the event of an Emergency Beyond Design Basis event at the Millstone Power Station in Waterford, Connecticut; and WHEREAS, Draft copies of two licenses and access agreements permitting such use are attached to this resolution as Exhibits 1 and 2; and WHEREAS, Dominion has consulted with the Norwich Baseball Stadium Authority and the Oneonta Athletic Corporation (the CT Tigers) neither of which have objection to the granting of such license and access agreement by the City of Norwich; and WHEREAS, the Council of the City of Norwich finds it to be in the public interest and in the best interest of the City of Norwich to enter into the proposed license and access agreements in order to permit Dominion to prepare for and, if necessary, respond to an Emergency Beyond Design Basis event at the Millstone Power Station 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 on behalf of the City of Norwich to enter into two license and access agreements permitting Dominion to utilize at no daily charge two hundred (200) vehicle parking spaces at Dodd Stadium to accommodate parking needs for its employees and contractors when it performs periodic drills and training exercises and/or to utilize an approximately 3 acre portion of the East Parking Area of Dodd Stadium during an Emergency Beyond Design Basis event for a fee of $2,500 per day, said agreements to be satisfactory to him and substantially in the form of the draft agreements attached hereto as Exhibits 1 and 2. Mayor Deberey Hinchey  EXHIBIT DRAFT 9/17/14 LICENSE AND ACCESS AGREEMENT This License Agreement ("License") is made effective as ofthis ._ dayof[ ] 2014, by and between [ 1 ("Licensor") and DOMIl\TJON NUCLEAR CONNECTICUT, INC., a Delaware corporation, with a business address of Rope Ferry Road, Waterford, Connecticut 06385 ("Licensee"). RECITA~S WHEREAS, Licensor is the owner of certain real property and hnprovements commonly known as Dodd Stadium and located at 14 Stott Avenue, Norwich, Connecticut 06360 (the "Property"), as SllCh property is more p'articularly described on .schedule A, attached hereto and made a part hereof; WHEREAS, the Property maintains certain parking lot areas proximate to Licensee's Emergency Operations Facility ("EOE") located at 18 Stott Avenue, Norwich, Connecticut 06360; WHEREAS, Licensee has an occasional need to utilize an additional twowhundred (200) vehicular parking spaces to accorrunodate the, parking needs of its employees and contractors when (i) it conducts periodic drills and training 'exercises associated with its use of the BOF andlor (li) there is an actual emergency event that requires Licensee to activate and mobilize its emergency response organization and the EOF; and WHEREAS, Licensor desires to grant to Licensee a license to access and use certain areas of the Property, as more particularly described herein, for vehicular parking, for the purposes set fOlth immediately above and pursuant to the terms and conditions set forth herein. NOW THEREFORE, in consideration of the above premises and in consideration ofTen Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby mutually acknowledged, the parties do hereby agree as follows: 1. The Licensor does hereby grant to Licensee and its employees, agents and contractors, (i) a perpetual, exclusive and irrevocable license to use certain parking areas at the Propelty ("Parking Area"), as more particularly set forth on the plan attached hereto as Schedule B (the "Parking Plan") for vehicular parking CParldng Access") during those times when the Licensee conducts its periodic drills and training exercises and/or in the event of an emergency during which Licensee activates and mobilizes its emergency response organization and the EOF, (ii) a perpetual, exclusive and irrevocable license to enter and pass and repass on foot or by vehicle over that portion of the Property shown as the "Access Area" ,on the attached Schedule B ("Access Area") during those times when the Licensee conducts its drill and training exercises and/or in the event of an emergency during which Licensee activates and mobilizes its emergency response organization and J3134370-v3 the EOF and (iii) a perpetual, exclusive and iITevocable license to enter and use such Parking Area and Access Area for the limited purpose of snow removal and other similar maintenance of the Parking Area and Access Area that Licensee deems necessary in order for such areas to be readily accessible to Licensee, its employees, agents and contractors during those times when the Licensee conducts its drill and training exercises and/or in the event of an emergency during which Licensee activates and mobilizes its emergency response organization and the EOF. Notwithstanding Licensee's right in the immediately foregoing sentence, in no event shal1 Li.censee be required to maintain such Parking Area and Access Area. 2. Licensee shall, to the extent reasonably practicable, provide at least twenty four (24) hours prior notice to the Licensor of its intent to use the Parking Area and Access Area for the purposes set forth in Section 1 above. 3. Licensee, its successors and assigns, shall indemnify, defend and hold harmless Lie-ensor from any and all claims, losses, damages of any nature whatsoever in COilllection with the use of the Parking Area and Access Area by Licensee, its employees, invitees and licensees. Notwithstanding any provision to the contrary contained within this Section, neither Licensee nor any of its affiliates shall be liable hereunder or have any responsibility to indemnify Licensor for any and all claims, losses, damages of any nature whatsoever caused by the negligenoe or willful misconduct of Licensor, or any of its officers, agents, employees, contractors, invitees and licensees. In no event shall Licensee or its affiliates be liable to Licensor for any indirect, incidental, special, punitive, exemplary or consequential damages, whether based on a claim or action of contract, warranty, negligence, strict liability or· other tort, or otherwise, arising out of or related to this License. 4. The Licensor herein reserves the right to continue to use the land within which the aforesaid license has been granted for any use or purposes, so long as such use or purpose does not interfere with the license rights granted herein. 5. The 1,icensor represents and warrants that it has the right and authority to execute this License. 6. This License may be executed in any number of counterparts, each of which shall be deemed to be an original, and all such countel'parts shall constitute one agreement. 7. This License may be modified only in a writing signed by the parties hereto, their respective successors and assigns. 8. All notices shall be provided to the followilig address, via insured overnight courier, unless otherwise designated in a notice?y one party to the other: Licensor: J J. ] 2  Licensee: Site Vice President - Millstone Dominion Nuclear Connecticut, Inc. Millstone Power Station Rope Ferry Road (Route 156) Waterford, CT 06385 Telephone: Fax: with a copy to: Dominion Resources Services, Inc. 120 Tredegar Street Richmond, Virginia 23219 Attn: Law Department Telephone: 804-819-2000 Fax: 804-8] 9-2677 9. It is intended that the grants created herein shall be governed by, constmed and eIl-forced in accordance with the laws of,the State of Connecticut. [SIGNATURE PAGES FOLLOW] 3  IN WITNESS WHEREOF, Licensor and Licensee have caused this License to be executed as of the date first written above. LICENSOR: [LICENSOR ENTITY] By: Name: Its: 8TATE OF CONNECTICUT ) ) 5S. COUNTYOF ) On this day ofl___ 12014 before me, the l.mdersigned officer, personally appeared , duly authorized r ---.J, signer and sealer of the foregoing instrument, and acknowledged the same to be his/her free act and deed and the free act and deed of said L 1, before me. Commissioner of the Superior Court! Notary Public My Commission Expires: (SIGNATURE PAGE TO LICENSE AGREF-MENT) Schedule A  LICENSEE: DOMINION NU~EAR CT, INC. By: Name; Its; STATE OF - - - - - ) ) ss, COUNTY OF ----) On this day of L . J, 2014 before me, the undersigned officer, personally appeared , duly authorized [ ~, signer and sealer of the foregoing instnunent, and acknowledged the same to be his/her free act and deed and the free act and deed of said [ ], before me. Commissioner of the Superior Court Notary Public My Conmussion Expires: [SIGNATURE PAGE TO LICENSE AGREEMENT) Schedule A  SCHEDu'LEA (property Description) Schedule A SCHEDULEB (parking Plan) Schedule B  EXHIBIT 2 DRAFT 9/17/14 LICENSE AND ACCESS AGREEMENT This License Agreement ("License") is made effective as of this _ day of [ 1 2014, by and between [ 'I ("Licensor") and DOMINION NUCLEAR, CONNECTICUT, INC., a Delaware corporation, with a business address of Rope Ferry Road, Waterford, Connecticut 06385 ("Licensee"). RECITALS WHEREAS, Licensor is the owner of certain real property and improvements commonly known as Dodd Stadium and located at 14 Stott Avenue, Norwich, Connecticut 06360 (the "Property"), as such property is more particularly described on Schedule A, attached hereto and made a part hereof; WHEREAS, the Property maintains certain paved and gravel parldng areas located in the eastern portion of the Property, consisting of approximately three (3) a<.lTes of land area ("Eas.! parking Area"), as more particularly depicted on a plan attached hereto and made a part hereof as Schedule B; WHEREAS, the East Parldng Area is located proximate to Licensee's Emergency Operations Facility ("EOF") located at 18 Stott Avenue, Norwich, Connecticut 06360 and within 35 miles of Licensee's Millstone Power Station ("Millstone") in Waterford, Connecticut; WHEREAS, Licensee may have an occasional need to utilize the East Parking Area during an emergency beyond design basis ('IBDB") event at Millstone as declared by Licensee that could impact the use and operation of Millstone ("BDB Event"); , and WHEREAS, Licensor, in recognition of the public's interest and benefit in an adequate and appropriate response to a BDB Event at Millstone, and in accordance with Licensor's desire to facilitate appropriate emergency response efforts during a BDB Event, does agree to ~llow Licensee to establish a BDBstaging area for the staging QfLicensee's re~'POnse to a BDB Event, which establishment of a staging area shall include staging certain emergency equipment, supplies and personnel at the East Parking Area upon the terms and conditions set forth below. NOW THEREFORE, in consideration of the above premises and in consideration of Ten Dollars ($10.00) and other good and valuable consideration the receipt and sufficiency of which are hereby mutually acknowledged, the parties do hereby agree as follows: 1. Licensor hereby grants to Licensee, its agents, employees and contractors: (a) a pelvetual, exclusive. and irrevocable license to use the area ("License Area") depicted on the attached Schedcle B (i) for the use and operation of a staging area for Licensee's response to a BDB Event as declared by Licensee, including the staging of J3134785-v3  emergency equip:m~nt, supplies and personnel during such a BDB Event; (ii) for the construction of certain improvements and alterations; and (iii) to take whatever other actions are necessary to effectuate the pennitted use; (b) a perpetual, exclusive and irrevocable license to pass and repass through, under, across and over all driveways, sidewalks, street and paved and gravel portions ("Access Area") of the Property, as such areas are depicted on Schedule B for all purposes of ingress, egress, access and vehicular and pedestrian traffic to and from the License Area during a BOB Event at Millstone as declared by Licensee; and (c) a perpetual, exclusive and irrevocable license to enter and USe such License Area and Access Area for the limited ptlrpose of snow removal and other similar maintenance of the License Area and Access Area that Licensee deems necessary in order for such areas to be readily accessible to Licensee, its employees, agents and contractors during a BDB Event. Notwithstanding Licensee's right in the immediately foregoing sentence, in no event shall Licensee be required to maintain such License Area and Access Area. 2. During a BDB Event at Millstone that requires Licensee's use of the License Area and Access Area as co~templated in this License, Licensor agrees to provide any reasonable assistance to the Licensee as necessary for Licensee to effectmite the purposes set forth in Section 1 above, including, without limitation, allowing Licensee to (i) utilize existing AC power outlets and drops available at the Property, (ii) rup. temporary power generators at the Property as needed to support the BDB staging area, and (iii) stage portable sanitary facilities at the License Area and the Access Area, . 3. Licensee shall, to the extent reasonably practicable, provide prior written notice to the Licensor of the occurrence of a BDB Event at Millstone and its intent to use the License Area and Access Area for the purposes set forth in Section 1 above. Licensee hereby agrees to pay Licensor a fee of $2,500,00 per day for each day or portion of a day that Licensee uses the License Area and the Access Area as contemplated in this License.. Such fee shall be due and payable no later than thirty (30) days after Licensee receives a detailed written invoice from Licensor for the fee payment on no less than a monthly basis for so long as Licensee has use of the License Area and A~cess Area for the aforementipned purposes. 4, Upon the occurrence of a BDB Event and notice to Licensor as provided in Section 3 above, Licensee may make alterations andlor improvements to the License Area and Access Area or take whatever other actions are necessary to effectuate the pennitted use contemplated herein without the prior consent of the Licensor, No later than one hundred-twenty (120) days after Licensee's use of the Property for a BDB Event ceases, unless otherwise requested by the Licensee in writing, (a) all alterations made to and all improvements constructed or placed within the License Area by Licensee shall be repaired, dismantled andlor removed from the Property by Licensee and (b) the License Area and the Access Area shall each be restored to substantially the same condition they were in prior to Licensee's use of such areas during a BDB Event, reasonable wear and tear excepted. 2  5. Licensee, .its successors and assigns, shall indemnify, defend and hold harmless Licensor from any and all claims, losses, damages of any nature whatsoever in connection with the use of the License Area and Access Area during a BDB Event by Licensee, its employees, invitees and licensees, Notwithstanding any provision to the contrary contained within this License, neither Licensee nor any of its affiliates shal.l be liable hereunder or have any respousibility to indemnify Licensor for any and all claims, losses, damages of any nature whatsoever caused by the negligence or willful misconduct of Licensor, or any of its officials, officers, agents, employees, contractors, representatives, invitees and licensees, In no event shall Licensee or its affiliates be liable to Licensor for any indirect, incidental, special, punitive, exemplary or consequential damages, whether based on a claim or action of contract, warranty, negligence, strict liability or other tort, or otherwise, arising out of or related to this License. 6, Licensor shall maintain the Property and all aspects and portions thereof within the License Area and Access Area in a condition consistent with current opt:rations and standards, and shall continue to maintain the License Area as an open parking area, unless otherwise consented to in writing by the Licensee. 7, Licensor represents and warrants that it has the right and authority to execute this License. 8, Licensor herein reserves the right to continue to use the land within which this License has been granted for any use or purposes, so long as such use or purpose does not intetfere with the license rights granted herein. 9, This License may be executed in any number of counterparts, each of which shall be deemed to be an original, and all such counterparts shall constitute one agreement. 10, This License may be modified only in a writing signed by the parties heret() or by their respective successors and assigns, . 11. All notices and requests shall be in writing and delivered personal1y or sent by telephonic means, electronic means, facsimile, by nationally recognized express~type courier service requiring delivery receipts, or postage prepaid by U, S, Mail, return receipt requested as follows: Licensor: L-[ ] [ --J] r ]. [ J [ ] Licensee; Site Vice President - Millstone Dominion Nuclear Connecticut, Inc. Mitlstone Power Station Rope Ferry Road (Route 156) Waterford, CT 06385 3  Telephone: Fax: with a copy to: Dominion ResotITces Services, Inc. 120 Tredegar Street Richmond, Virginia 23219 Attn: Law Department Telephone: 804-819-2000 Fax: 804-819-2677 12, It is intended that the grants created herein shall be governed by, construed and enforced in accordance with the laws of the State of Connecticut. 4  IN WITNESS WHEREOF, Licensor and Licensee have caused this License to be executed as of the date first written above. LICENSOR: [LICENSOR ENTITY] By: Name: Its: STATE OF CONNECTICUT ) ) S8. COU1\rrY OF ) On this day of f ],2014 before me, the undersigned officer, personally appeared , duly authorized r J, signer and sealer of the foregoing instrurrient, and acknowledged the same to be hislher free act and deed and the free act and deed of said [ J, before me. Commissioner of the Superior Court/ Notary Public My Commission Expires: [SIONAruRE PAGE TO L.ICENSE AGREEMeNT]  LICENSEE: DOMINION NUCLEAR CT, INC. By: Name; Its; STATEOF ) ) ss. COUNTY OF ). On this day of [ ],2014 before me, the undersigned officer, personally appeared , duly authorized [ ], signer and sealer of the foregoing instrument, and acknowledged the same to be his/her free act and deed and the free act and deed of said [ ], before me, Commissioner of the Superior Court Notary Public My Commission Expires; [SIGNATII1U'. PAGE TO L1Cf.NSP. AGRP.IlMliNT]  SCHEDULE A (Property Description)  SCHEDULEB (Site Plan Depicting License Area and Access Area)  RESOLUTION #2 WHEREAS, Algonquin Gas Transmission LLC (hereinafter "Algonquin"), having succeeded to the rights held by the Algonquin Gas Transmission Company holds certain rights of way and easements including a right of way and easement across land of the City of Norwich located near Dodd Stadium; and WHEREAS, Algonquin, as part of the Algonquin Incremental Market Project, proposes to replace its pipeline or pipelines and to install an additional pipeline or pipelines in the original right of way and easement in Norwich near Dodd Stadium which will require a modification and enlargement of the right of way and easement; and WHEREAS, Algonquin has calculated the value of this enlargement of the right of way and easement to be $54,552.37 plus an adjustment for tree removal of $2,835, calculated at $1,500 per acre for 1.89 acres, (.36 permanent and 1.53 temporary) for a total payment of $57,357.37; and WHEREAS, Algonquin has submitted a proposed Grant of Easement to Norwich, a copy of which is attached hereto as Exhibit A and a draft Advance Damage Release, a copy of which is attached hereto as Exhibit B; and WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich enter into the proposed Grant of Easement and Advance Damage Release with Algonquin in return for the proposed payments 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 on the behalf of the City of Norwich to execute a Grant of Easement over the property described substantially in the form attached hereto as Exhibit A for a payment of $54,552.37 plus an adjustment for tree removal of $2,835, being a total payment of $57,357.37 to the City of Norwich by Algonquin and to deliver the same to Algonquin; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren be and hereby authorized and directed on behalf of the City of Norwich to execute an Advance Damage Release substantially in the form attached hereto as Exhibit B in return for the payment described above and to deliver the same to Algonquin. Mayor Deberey Hinchey  EXHIBIT A STATE OF CONNECTICUT City of Norwich To ALGONQUIN GAS TRANSMISSION, LLC GRANT OF EASEMENT ___________, 2o_ _ Received o'clock __M. Clerk Recorded, Volume _ Page _ Please return to: Algonquin Gas Transmission, LLC 1490 Highland Avenue, Bldg. #4 Cheshire, CT 06410  GRANT OF EASEMENT STATE OF CONNECTICUT COUNTY OF New London TRACT NO(s) E·1-94 & E-1-95 WHEREAS, Algonquin Gas Transmission Company has been granted by (1) Jack H. Low and Ruth Low; (2) Meyer Greenberg, et al and (3) John R. Fitzgerald, Trustee, et al permanent rights-of-way and easements ("The Rights-of-Way and Easements") for the laying, construction, operation, maintenance, alteration, replacement, repair and removal of a pipeline or pipelines with valves, tie-overs and other appurtenant facilities for the transmission of natural gas and all by-products thereof or any liquids, gases or substances which can be transported through a pipeline, over, under, across and upon lands situated in the Town of Norwich, New London County, State of Connecticut, said lands being the same premises conveyed to City of Norwich by deed from (1) The Norwich Community Development Corporation, Incorporated and (2) The Norwich Community Development Corporation, Incorporated dated (1) 7/23/98 (2) 1/10/02, and recorded with the Town of Norwich Land Records in Volume (1) 1582 (2) 1631, Page (1) 262 (2) 302; said grants of easements being dated December 12, 1951, recorded in Volume 259, Page 200, and dated February 28, 1986, recorded in Volume 709, Page 7, and dated July 2, 1986, recorded in Volume 726, Page 235 in the Town of Norwich Land Records respectively (hereinafter, the "Property"); and WHEREAS, Algonquin Gas Transmission, LLC (hereinafter referred to as "Algonquin") has succeeded to any and all rights held by Algonquin Gas Transmission Company under the terms of the above mentioned Rights-of-Way and Easements; and WHEREAS, Algonquin has previously constructed a pipeline through the Property and will replace its pipeline or pipelines and appurtenant facilities and it is desirable that the existing permanent Rights-of-Way and Easements be modified and enlarged to accommodate said facilities as shown on Exhibit A, Drawing No. CJ-P-9144, Dated 06/13/2014 (hereinafter, the "Drawing") attached hereto and made a part hereof. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) paid, and other good and valuable considerations, we, City of NorWich, the undersigned (hereinafter, the "Grantor"), hereby give, grant and convey, with Warranty covenants, to Algonquin, its successors and assigns (hereinafter, the "Grantee"), a permanent right-of-way and easement (the "Enlarged Right-of-Way") over, under, and across the Property as more particularly shown on the Drawing, together with rights to replace its pipeline or pipelines and to install an additional pipeline or pipelines and with rights therein as set forth in the original Rights-of-Way and Easements, including but not limited to, the right, to be exercised at any time in Grantee's sole and absolute discretion, to remove, clear and to keep clear, within the limits of the right-of-way, all buildings or similar structures (including, but not limited to, sheds, garages, and other structures), retaining walls, above or below ground swimming pools, decks, rocks, trees, brush, limbs, and other obstructions, including pipelines and conduits, which might interfere with the rights granted herein. -2­  Also included in this Grant is the temporary use of a strip of land on the Property more particularly described as shown on the Drawing as temporary workspace to be used during the construction of the pipeline facilities. Said temporary workspace shall expire twelve (12) months after completion of construction, and in no event shall said temporary workspace be effective after thirty-six (36) months from the execution date of this Grant. Grantor also conveys to Grantee the full and free right of ingress and egress on, over and across the Rights-of-Way and easements and Enlarged Right-of-Way, and other adjacent land of the Grantor for the exercise of the rights granted herein. The replacement pipeline may be installed within the existing Rights-of-Way and Easements. Grantor and Grantee agree that the above mentioned consideration includes payment for all damages and clean-up costs for the installation of the pipeline. Grantee shall not be liable for damages in the future caused by keeping the Rights-of-Way and Easements and Enlarged Right­ of-Way clear of trees, undergrowth, brush, structures, or any other obstructions. All pipelines shall be buried to a depth required by applicable laws and regulations. It is mutually understood and agreed that the person securing this grant is without authority from Grantee to make any agreement in respect of the subject matter hereof not herein expressed. Grantor shall not grade, excavate, fill or flood the Rights-of-Way and Easements and Enlarged Right-of-Way without obtaining the Grantee's prior written consent, which consent may be withheld in Grantee's sale discretion. The rights, title and privileges herein granted may, in whole or in part, be sold, leased, assigned, pledged and mortgaged, and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, assigns and legal representatives. The failure of Grantee to exercise or any delay of Grantee in exercising any rights herein conveyed in any single instance or from time to time shall not be considered or construed as a waiver of such right or rights and shall not bar Grantee from exercising such right or rights, or, if necessary, seeking an appropriate remedy in conjunction with the exercise or violation of such right or rights from time to time. -3­  WITNESS our hands and seals this day of , 2014. Signed and sealed in the presence of: City of Norwich Its _ STATE OF CONNECTICUT) Dated this _ _ day of , 2014 ) ss. COUNTYOF ) On this day of , 2014, before me, the undersigned officer, personally appeared , who acknowledged herselflbimself to be the ________________ of , a Connecticut corporation, and .that she/he, as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by herself/himself as such officer, and as the free act and deed of said corporation. Notary Public My Commission Expires: -4­  EXHIBIT 'A' 80' 30' 20' 10' E-1-96 N/F CITY OF NORWICH TRACT NO, E-1-94 & E-1-95 It PROPOSED E-1-16" PIPELINE E-1-91A.1 & E-1-91A.2 80' E-1-95A 40' ell 50' EXISTING E-1L-10" I PIPELINE 0.. I (5 -:;{ 60' oJ ~ ~ I I w .c; ~0.. 10' L-_--- \1?------<----~--------, d ~ 30' (!; z E ~ o ~ Ck::: o ;:: ~ o _ _ \1?~ Ck::: 0.. ~ PROPOSED PIPELINE = 1494 L.F./90.6 RODS CONSTRUCnON LIMITS I i3 /­ PERMANENT R.O.W. LIMITS ::::<: ~ :.::::.::.::\:.::::<:::: EASEMENT f- PROPOSED PERMANENT = 0.36 ACRES ± i GRAPHIC SCALE ~.//// PROPOSED TEMPORARY WORKSPACE = 1.53 ACRES ± 200' I~I~~I~~I 100' 0 200' --:: 0.. *THIS PLAN WAS COMPILED FROM OTHER MAPS, RECORD RESEARCH OR OTHER SOURCES OF INFORMATlON. rr IS NOT TO BE CONSTRUED AS HAVING BEEN OBTAINED AS THE RESULT OF A FIELD SURVEY, AND IS SUBJECT TO SUCH CHANGE AS AN ACCURATE FIELD SURVEY MAY DISCLOSE, *ACTUAL LOCATION OF NEW PERMANEfIlT EASEMENT IS DETERMINED BY THE PIPELINE AS INSTALLED TITLE: CROMWELL DISCHARGE ALGONQUIN INCREMENTAL MARKET PROJECT Spectra Energy) LANDOWNER: CITY OF NORWICH - TRACT NO. E-1-94 & [-1-95 Partners. LOC.: CITY OF NORWICH CONNECnClJT REV. • CKD. BY: HMM AllGNMEfIlT SHEET: CJ-A-21J9 &: CJ-A-2140 Algonquin Gas Transmission, LLC 5400WcsthcimcrCt Houston, TX 77056-5310 713/627-5400 g DRN. BY: HMM OWG, NO. CJ-P-9144  EXHIBIT B ADVANCE DAMAGE RELEASE TRACT NO(S). E-1-94 & E-1-95 I, City of Norwich, hereby acknowledge on behalf of my heirs, executors, administrators, representatives, successors and assigns, the payment of ($ ) Dollars in the aggregate by Algonquin Gas Transmission, LLC, a Delaware limited liability company ("Algonquin") and that such payment represents full and complete satisfaction for: An advance release of all claims for any and all detriment, injuries or damage of whatsoever nature and character to our land, stock, timber, crops, fences and improvements and severance damages arising out of, related to or connected with the removal and or replacement or installation by Algonquin of a natural gas pipeline or pipelines on, over or through my property located in the municipality of Norwich, New London County, State of Connecticut and which is more particularly described in the Grant of Easement (the "Property"). This Advance Damage Release does not apply to any obligation to restore the Property as result of such construction imposed on Algonquin by law or otherwise. Construction Restrictions: EXECUTED AND DATED at , this day of _ _ _ _ _, 2014. Witness: By _ City of Norwich  RESOLUTION #3 WHEREAS, the State of Connecticut obtained certain property in the City of Norwich for flood control purposes and leases the same to the City of Norwich to be used as open space and for passive access to the Yantic River, including two parcels of property containing slightly less than an acre of land, identified as Nos. 32 and 46 Wawecus Street in Norwich, Connecticut and further identified as parcels 2 and 8 on a map entitled "Property to be acquired by State of Connecticut Department of Environmental Protection, Scale 1"=40' April 1992 Rev. Aug. 1992 prepared by Steven F. Brittain, L.S. Reg No. 6626" which map is on file with the office of the Norwich Town Clerk; and WHEREAS, said lease is for a period of 25 years for use as open space and for passive access to the Yantic River and subject to certain terms and conditions, including an obligation on the part of the City of Norwich to obtain the State of Connecticut's written consent in order to undertake site improvements; and WHEREAS, by resolution adopted April 17, 2006 the Council of the City of Norwich permitted Hart's Greenhouse of Norwich LLC to clean, clear and landscape these properties at no cost to the city to create an improved area for passive recreation open to the general public; and WHEREAS, the State of Connecticut acting by the Commissioner of the Department of Energy and Environmental Protection approved of this landscaping and the installation of an identifying sign; and WHEREAS, Hart's Greenhouse of Norwich LLC has so improved the properties; and WHEREAS, the Council of the City of Norwich proposes, subject to the approval of the State of Connecticut Department of Energy and Environmental Protection, to install on the properties a plaque or other similar memorial recognizing the service of Gaetano ''Tom'' Mazzarella with the United States Marine Corp and that of the other men and women who comprised the Greatest Generation NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager Alan H. Bergren or his designees be and hereby is requested to consider and develop a design for a plaque or other memorial for installation at this site, to enter into consultation with the State of Connecticut Department of Energy and Environmental Protection, to obtain written consent for the same from the State of Connecticut Department of Energy and Environmental Protection, and then to present said proposal to the Council of the City of Norwich for its further consideration. Alderman William Nash  ORDINANCE #1 AN ORDINANCE REGARDING THE ADOPTION OF FINANCIAL MANAGEMENT POLICIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH, THAT AN ARTICLE VI - SECTIONS 7-131 THROUGH 7-132.4 - AS MORE PARTICULARLY SET FORTH HEREIN BE ADDED TO CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF NORWICH: Article VI - Financial Management Policies 7-131- Unrestricted Fund Balance of the General Fund The city shall maintain an adequate unrestricted fund balance (UFB) in its General Fund. The UFB is the amount of fund balance that is not constrained by externally enforceable legal or contractual restrictions. 7-131.1 - Contingency Appropriation During the annual budget process, the city shall include a contingency appropriation. The contingency appropriation may be used to offset unanticipated, unbudgeted revenue shortfalls or expenditure overages which cannot be mitigated by reducing other operating expenditures. Any unspent and unencumbered contingency appropriation, along with any operating surpluses in the General Fund shall close out into the UFB at the end of the fiscal year. 7-131.2 - Size of Unrestricted Fund Balance The city shall maintain a UFB of not less than 12% of the current fiscal year's budgeted expenditures and operating transfers. 7-131.3 - Permitted Uses of Unrestricted Fund Balance UFB may be used to absorb operating deficits caused by unanticipated, unbudgeted revenue shortfalls or expenditure overages which cannot be mitigated by utilizing the contingency appropriation. However, UFB shall not be used in the place of normal operating revenues in the annual budget process. To the extent that UFB exceeds 17% of the current fiscal year's budgeted expenditures and operating transfers, the Council of the City of Norwich may appropriate, by ordinance, some portion of such excess for one or more of the following purposes: a) Additional capital improvements beyond those required by Charter Chapter VII, Section 17 which can be demonstrated to reduce the future operating expenses of the city b) Make transfers to a bonded projects fund to pay for projects with authorized, but unissued debt c) Retire existing debt early d) Make employer contributions to the Pension or Other Post-Employment Benefits Trust Funds above the amount required by 7-132-4 7-131.4 - Replenishment of Unrestricted Fund Balance If the UFB were to fall below the minimum level set in 7-131.2, the city shall increase the contingency appropriation in 7-131.1 according to the following schedule: a) If the UFB is below 8% of the current fiscal year's budgeted expenditures and operating transfers, the city shall restore UFB to the 8% level within two budget cycles. b) If the UFB is greater than 8%, but below 10% of the current fiscal year's budgeted expenditures and operating transfers, the city shall restore UFB to the 10% level within five budget cycles. c) If the UFB is greater than 10%, but below 12% of the current fiscal year's budgeted expenditures and operating transfers, the city shall restore UFB to the 12% level within five budget cycles. 7-132 - Pension and Other Post-Employment Benefits Funding The city shall have actuarial valuations of its pension and other post-employment benefits ("OPEB") plans performed at least biennially. 7-132.1 - Actuarial Cost Method The city shall use an actuarial cost method which conforms to the current actuarial standards of practice and allocate normal costs over a period beginning no earlier than the date of employment and should not exceed the last assumed retirement age. The selected actuarial cost method should be designed to fully fund the long-term costs of contractual benefits while equitably allocating the costs over the employees' period of active service. 7-132.2 - Actuarial Asset Method The city shall recognize actuarial gains or losses on the differences between actual investment returns and the assumed rate of return over no longer than five years on a straight-line basis. 7-132.3 - Amortization of Unfunded Actuarial Accrued Liability a) Generally - The Unfunded Actuarial Accrued Liabilities ("UAALs") that exist as of the last published valuation date prior to the adoption of this ordinance shall be amortized over no longer than 25 years. Changes in UAALs that occur after this date shall be amortized over no longer than 20 years. b) Plans closed to new entrants - The UAAL amortization for such plans shaUbe treated the same as in a) until such plans have no remaining active members. When a plan is closed to new entrants and has no remaining active members, changes in the UAAL shall be amortized over no longer than 10 years. 7-132.4 - Contributions a) Generally - The city shall contribute the amount recommended by its actuary each fiscal year unless the amount varies by more than 15% +/- from the previous year. This variance shall be calculated by division (e.g., Norwich Public Utilities, Norwich Public Schools, Police, Fire, Volunteer Fire, and all other General City). b) Contribution recommended by actuary is less than 85% of the previous year's contribution - The city shall contribute an amount equal to 85% of the previous year's contribution. c) Contribution recommended by actuary is greater than 115% ofthe previous year's contribution - The city shall contribute an amount equal to 115% of the previous year's contribution. Mayor Deberey Hinchey Purpose: To establish policies with respect to the unrestricted fund balance of the general fund and contributions to the pension and other postemploym~ntbenefits funds.