City Council

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 The regular meeting of the Council of the City of Norwich was held February 8, 2021, at 7:30 PM (postponed from February 1, 2021) in Council Chambers. Present by a roll call vote: Mayor Nystrom, President Pro Tem Bettencourt, Gould, Wilson, Myles and DeLucia. City Manager Salomone (via phone) and Corporation Counsel Michael Driscoll were also in attendance. Ald. Nash had an excused absence, Mayor Nystrom presided. Please be advised that meetings of the Norwich City Council can be viewed in their entirety on the City of Norwich website “norwichct.org”. President Pro Tem Bettencourt read the opening prayer and Ald. DeLucia, led the members in the Pledge of Allegiance. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the minutes of January 4 and 19, 2021. Upon a motion of Ald. Wilson, seconded by Ald. Gould, on a roll call vote it was unanimously voted to suspend the rules. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to add the following resolution sponsored by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. . WHEREAS, Donna Gremminger instituted a lawsuit against the City of Norwich alleging violations of General Statutes 46a-60(b)(1), 46a-60(a)(10), 46a-60(b)(7)(F, G, K); 46a-60(a)(4) and violations of Title VII, which action is pending in the United States District Court for the District of Connecticut where it is assigned case number 3:19-cv-01114-CSH; and WHEREAS, Donna Gremminger and the City of Norwich have reached an agreement with respect to a resolution of this litigation and Donna Gremminger’s separation from employment with the City of Norwich including a payment to Donna Gremminger for all claims relative to her employment and separation from employment, and a dismissal with prejudice or similar disposition of the pending litigation; and WHEREAS, Donna Gremminger and the City of Norwich wish to enter into a Settlement Agreement, Release, or Covenant Not To Sue in connection with her employment and separation from employment. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be and hereby is authorized and directed to enter into a Settlement Agreement, Release and Consent Not To Sue with Donna Gremminger on terms and conditions which are satisfactory to him, the Corporation Counsel and Attorney David Monastersky, litigation counsel in connection with this matter; AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the sum of $25,000 be appropriated from Contingency Account 1050 0000-5860 to be paid as directed by her attorney as part of the consideration to be paid to Donna Gremminger. 1 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 Upon a motion of Ald. Wilson, seconded by Ald. Myles, on a roll call vote it was unanimously voted to accept the communication from Appointment/reappointment Committee. Upon a motion of Ald. Wilson, seconded by Ald. Myles, on a roll call vote it was unanimously voted to accept the communication from Kevin Saythany resigning from Community Development Advisory Committee thanking him for his service. Upon a motion of Ald. Wilson, seconded by Ald. Myles, on a roll call vote it was unanimously voted to accept the communication from Kevin Saythany resigning from the Commission for Persons with Disabilities thanking him for his service. Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to accept the communication from the Commission for Persons with Disabilities Chairperson. Upon a motion of Ald. Myles, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by President Pro Tem Bettencourt, Ald. Gould and Myles. BE IT RESOLVED that the below named be appointed as an alternate member to the Personnel & Pension Board with a term to expire on March 1, 2022 or until a successor is appointed: Robert Pounch (U) City Manager Salomone report: To: Mayor Nystrom and members of the City Council From: John Salomone, City Manager Subject: City Manager’s Report Date: February 1, 2021 Meetings attended via conference call or video were Governor Lamont updates, State representatives and legislators, Southeastern Council of Governments (SECOG), Southeastern Area Transit (SEAT), Connecticut Conference of Municipalities (CCM) Connecticut Interlocal Risk Management Agency (CIRMA), NPU-City Coordination Meeting, NCDC Board meeting, Region 4 Emergency Support Plan, Department of Health COVID-19 updates, City Department Head Meeting, CT City Managers Association (CTCMA) and NCDC Director Search Committee. Fire negotiations are also underway. The 2021-2022 budget process has begun and Comptroller Josh Pothier has forwarded preliminary budget information to departments. Questions have been answered via phone and email due to Covid restrictions. The budget process may be the same as last year unless the Governor lifts restrictions. 2 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 Mike Wolak, Rose City Sr. Center Manager has registered over 50 seniors for Covid-19 vaccinations. He also participated with Norwich Adult and Family Services and staff from Norwich Public Schools to register people which in turn helped about 100 seniors, 75+, to sign up. This has been an incredible collaborative effort here in Norwich along with the Uncas Health District. Ray Allen Bergman from Norwich Youth & Family Services continues to work with the Norwich Prevention Council held a “Parents in Prevention” webinar which has been posted on the Norwich Prevention Council Facebook page and Norwich Youth & Family Services YouTube Channel. NYFS also continues to partner with the Norwich Police Department for the Joining Forces Program and Juvenile Review Board to continue the City’s prevention efforts for our youth. The Recreation Department continues to run the HYBRID school year program at 2 locations. . This program allows school aged youth a place to have supervision and then recreation while completing their online school work. Both sites have been quite busy and plan to continue into the spring. My assistant, Jacquie Barbarossa participated in a zoom meeting with the Norwich Events Organization for their upcoming events since the St. Patrick’s Day Parade cannot be held safely in the downtown at this point. The City’s Lock Box tax payments for the January installment were 1232 payments totaling $4,112,546.09 and payments at Norwich People’s Bank branches increased by 7% for a total of 544 payments of $949,839.69. Mayor Nystrom called for citizen comment on resolutions. Emails received: There were no emails. Speakers via telephone: There were no speakers. Mayor Nystrom declared citizen comment closed. Upon a motion of Ald. Myles, seconded by President Pro Tem Bettencourt, on a roll call vote it was unanimously voted to adopt the following resolution introduced by President Pro Tem Bettencourt, Ald. Gould and Myles. BE IT RESOLVED that the below named be re-appointed as a regular member to the Building Code Board of Appeals with a term to expire on January 7, 2022 or until a successor is appointed: 3 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 Robert Phoenix (D) Upon a motion of Ald. Wilson, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by President Pro Tem Bettencourt, Ald. Gould and Myles. BE IT RESOLVED that the below named be re-appointed as a regular member to the Historic District Commission with a term to expire on December 31, 2025 or until a successor is appointed: Regan Miner (U) BE IT RESOLVED that the following be appointed as a regular member to the Historic District Commission for a term to expire on December 31, 2022 or until a successor is appointed; Gregory Johnson (D) Upon a motion of Ald. Wilson, seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by President Pro Tem Bettencourt, Ald. Gould and Myles. BE IT RESOLVED that the following be re-appointed as regular members to the Community Development Advisory Committee for a term to expire on December 31, 2021 or until a successor is appointed; Les B. King (R) Mark T. Marcy (D) Sean Barnes (R) BE IT RESOLVED that the following be re-appointed as regular members to the Community Development Advisory Committee for a term to expire on December 31, 2022 or until a successor is appointed; H. Tucker Braddock Jr. (D) Gemma Fabris (D) Upon a motion of Ald. Myles, seconded by Ald. Wilson, on a roll call vote it was unanimously voted to adopt the following resolution introduced by President Pro Tem Bettencourt, Ald. Gould and Myles. 4 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 BE IT RESOLVED that the below named be re-appointed as regular members to the Norwich Golf Course Authority with a term to expire on January 23, 2023 or until a successor is appointed: Bernard Caulfield (D) David DiBattista (D) Michael E. Driscoll (D) Susan Dutilly (D) Raymond Lathrop (IT) Robert Malouf (R) Richard A. Podurgiel (D) Richard Strouse (R) Charles C. Whitty (D) Upon a motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. BE IT RESOLVED that the below named be appointed as a regular member to the Eastern Connecticut Regional Tourism District with a term to expire September 15, 2023. Angela Adams Upon a motion of Ald. Myles, seconded by Ald. Wilson, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. WHEREAS, the City of Norwich following a tax collector’s sale involving the tax liens on the lists of October 1, 2009-October 1, 2014 acquired the property known as 60 Sixth Street, map 86 block 3 page 43 on June 6, 2016 by deed recorded at volume 2964 page 42 of the Norwich Land Records; and WHEREAS, the Council of the City of Norwich by a resolution adopted September 6, 2016 appointed the 60 Sixth Street Committee to evaluate the condition of the property and make recommendations to the council as to a disposition of the same; and WHEREAS, by subsequent resolutions the council accepted the committee’s recommendation that an RFP process be used to select a preferred developer, appointed a 60 Sixth Street Committee of Sale to supervise this process, accepted the Committee of Sale’s recommendation that JPW Building LLC be accepted as preferred developer subject to entering into a Development Agreement and authorized the city manager to enter into a Development Agreement with Mr. Jeff Warcholik, a principal at JPW Building LLC, on August 31, 2017 (“the “Developer”); and 5 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 WHEREAS, under the terms of the Development Agreement the project is complete, and the Certificate of Occupancy has been issued; and WHEREAS, the Development Agreement provides for a conveyance of the property by quitclaim deed, but the Developer has raised concerns that this will not result in a sufficiently marketable title to permit the financing of the property or sale of the property and proposes to bring a quiet title action relative to the property; and WHEREAS, the City and the Developer have negotiated an Agreement to include an assignment of tax liens arising from the lists of October 1, 2009-October 1, 2014 inclusive to the Developer, to arrange to have executed an Affidavit of Compliance with Tax Sale Procedures to be recorded on the Norwich Land Records by the city, to convey title from the city to the Developer or designee by quitclaim deed with conveyance tax statement, and provide to the Developer the sum of $3,500 to be used in support of a quiet title action to be instituted by the Developer who shall bear any and all additional costs of the same, said funds to be non-refundable to the City of Norwich should the Developer choose not to institute such action, and the Developer shall provide a Release and such other documents as are reasonably requested by the City of Norwich under this Agreement. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be and hereby is authorized and directed to enter into, execute, and deliver a quitclaim deed and conveyance tax statement as described herein, together with such other documents as are reasonably necessary to conclude the transfer of the property at 60 Sixth Street as described herein and to accept a Release satisfactory to him from the Developer. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the Council authorizes the payment of the non-refundable sum of $3,500 to the Developer or designee for the institution of a quiet title action, including but not limited to additional title searches, location of heirs, and legal research, said funds to be taken from the Claims Account 10413900-58200, as well as, authorize the assignment of the tax liens on the Grand List of October 1, 2009 to October 1, 2014, inclusive to the Developer or designee for purposes of the quiet title litigation Upon a motion of Ald Myles., seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. WHEREAS, the American Property Group LLC owns property located at 150, 158, and 162 Scotland Road which property has been approved for a three-lot subdivision by the Commission on the City Plan; and WHEREAS, in connection with the approval of its subdivision application, the American Property Group LLC has agreed to convey a parcel of land consisting of approximately 1,181 square feet (.05 acres) to the City of Norwich to be part of the right-of-way of Scotland Road, the property to be conveyed more particularly described in Schedule A – Parcel Conveyed to the City of Norwich – attached to this resolution; and WHEREAS, in connection with the approval of its subdivision application, the American Property Group, LLC has also agreed to enter into a Stone Wall Preservation Agreement and Declaration of Restrictive Covenants and to grant and convey to the City of Norwich a Conservation Easement and Declaration of Restrictive Covenants applicable to a portion of the property as more particularly described in Schedule B – Conservation Easement Area, attached to this resolution; and 6 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 WHEREAS, the Council of the City of Norwich finds it to be in the best interest of the City of Norwich to accept the conveyance of the described parcel to enter into the proposed Stone Wall Preservation Agreement and to accept the Conservation Easement. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be and hereby is authorized and directed to accept and cause to be recorded a deed satisfactory to him and to Corporation Counsel conveying the property described in this resolution from the American Property Group, LLC to the City of Norwich for use in connection with the right-of-way of Scotland Road; BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone, on behalf of the City of Norwich is authorized and directed to enter into, accept, receive and cause to be recorded on the land records a Stone Wall Preservation Agreement and Declaration of Restrictive Covenants and a Conservation Easement and Declaration of Restrictive Covenants as described herein acceptable to him and the Corporation Counsel. SCHEDULE A – PARCEL CONVEYED TO THE CITY OF NORWICH A certain piece or parcel of land located westerly of Scotland Road in the City of Norwich, County of New London, State of Connecticut being more particularly shown on a certain survey map entitled “Lot Layout Scotland Road Subdivision Property Of American Property Group, LLC For Property Located At 158 Scotland Road City of Norwich – County of New London – Connecticut Sheet 3 of 4 Scale: 1”=40’ Date: October 13, 2020 Revised: 11-23-2020 by James Bernardo Land Surveying, LLC” said map to be recorded in the City of Norwich Land Evidence records. Said parcel being bounded and described as follows: Beginning at point at the northeasterly corner of the within described parcel of land on the present westerly street line of Scotland Road at a concrete monument; Thence running S 25°38'03" W along the present westerly street line of Scotland Road a distance of 415.44' to a point; Thence running N 74°41'53" W a distance of 5.34' to a rebar with cap; Thence running N 25°38'03" E along a line approximately 30’ distant from, and parallel to, the centerline of Scotland Road a distance of 415.53' to a rebar with cap; Thence running S 73°46'25" E a distance of 5.32' to the point and place of beginning, Said parcel having an area of 2,181 square feet, 0.05 acres. SCHEDULE B – CONSERVATION EASEMENT AREA A certain piece or parcel of land located westerly of Scotland Road in the City of Norwich, County of New London, State of Connecticut being more particularly shown on a certain survey map entitled “Lot Layout Scotland Road Subdivision Property Of American Property Group, LLC For Property Located At 158 Scotland Road City of Norwich – County of New London – Connecticut Sheet 3 of 4 Scale: 1”=40’ Date: October 13, 2020 Revised: 11-23-2020 by James Bernardo Land Surveying, LLC” said 7 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 map to be recorded in the City of Norwich Land Evidence records. Said parcel being bounded and described as follows: Beginning at point at the northeasterly corner of the within described parcel of land at land now or formerly of Ravi & Manisha Prakash; Thence running S 26°55'30" E across land of American Property Group, LLC a distance of 65.88' to a point of curvature ; Thence with a curve turning to the right, an arc length of 24.64', a radius of 25.00', a chord bearing of S 01°18'30" W and a chord length of 23.65' across land of American Property Group, LLC to a point; Thence running S 29°32'29" W a distance of 52.49' across land of American Property Group, LLC to a point; Thence running S 60°08'13" W a distance of 24.67' across land of American Property Group, LLC to a point; Thence running S 34°01'04" W across land of American Property Group, LLC a distance of 51.03' to a point; Thence running S 06°36'08" E across land of American Property Group, LLC a distance of 33.20' to a point; Thence running S 16°07'16" W across land of American Property Group, LLC a distance of 50.03' to a point; Thence running S 40°41'44" W across land of American Property Group, LLC a distance of 21.06' to a point; Thence running S 09°41'51" W across land of American Property Group, LLC a distance of 25.60' to a point; Thence running S 20°48'34" E across land of American Property Group, LLC a distance of 63.38' to a point; Thence running S 05°37'33" E across land of American Property Group, LLC a distance of 42.59' to a point on a stone wall; Thence running N 74°08'29" W along a stone wall and land now or formerly of Lynn M. Norris a distance of 126.40' to a drill hole; Thence running N 75°54'59" W along said stone wall and land of said Norris a distance of 51.23' to a stone wall intersection; Thence running N 07°41'21" E along said stone wall and land now or formerly of Charles K. Norris a distance of 171.65' to a stone wall intersection; Thence running N 11°17'15" E along said stone wall and land of said Charles K. Norris a distance of 35.79' to a stone wall intersection; Thence running N 02°25'16" E along said stone wall and land of said Charles K. Norris a distance of 32.65' to an angle in said stone wall; Thence running N 04°28'38" E along said stone wall and land of said Charles K.Norris and along land now or formerly of Ravi & Manisha Prakash a distance of 168.44' to an iron pipe in said stone wall; 8 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 Thence running S 75°16'13" E along land of said Prakash a distance of 144.60' to a point; Thence running S 74°47'33" E along land of said Prakash a distance of 36.15' to the point and place of beginning. Said parcel having an area of 69,203 square feet, 1.59 acres Mayor Nystrom stated that resolution #8 will be taken up after executive session. Upon a motion of Ald. Gould, seconded by Ald. Wilson, it was unanimously voted to waive the full reading, send a referral to the Commission on the City Plan, notify the Towns of Bozrah, Montville, Sprague, Lisbon, Preston and Franklin, SCCOG, DEEP-Cam, NPU, set a public hearing on April 5, 2021 at 7:30 pm for the second reading and action for the following ordinance introduced by Mayor Nystrom, President Pro Tem Bettencourt, Ald Gould. AN ORDINANCE AMENDING CHAPTER 3 SPECIAL DISTRICTS BY ADDING SECTION 3.11 BUSINESS MASTER PLAN DISTRICT (BMPD) TO THE NORWICH ZONING REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORWICH THAT: 3.11 BUSINESS MASTER PLAN DISTRICT (BMPD) 3.11.1 Statement of Purpose 3.11.1.1 The City of Norwich recognizes that there exist properties located proximate to Interstate 395 and the Taftville-Occum area of the City which represent important opportunities for economic growth and community development. There may also be other areas in the City which may be identified from time to time which present such opportunities. 3.11.1.2 The City Council may establish a site specific BMPD for those properties suitable for the development of uses as permitted in a BMPD as set forth in these regulations. The BMPD is a floating zone governed by a Master Plan. The Master Plan will be subject to review and approval by the City Council, acting as the City’s zoning authority, as a zone change, subject to a public hearing and the terms and conditions of these regulations. The Master Plan requires certain fluidity in order to accommodate market changes during the complete development of the property or properties comprising the BMPD, and as such may change over time. Any substantial and material changes shall be subject to the City Council’s sole discretion and shall be subject to the same procedural and public hearing requirements as the original zone change adopting the BMPD. Any development on the zoned property will be subject to the specific BMPD requirements as set forth herein. 9 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 3.11.1.3 The BMPD is intended to encourage development of commercial parcels and permit new construction, renovation and/or adaptive re-use at these sites. The proposed uses and objectives are in conformity with and in furtherance of the goals and objectives contained in the Norwich Plan of Conservation and Development (POCD), and may include locations for advanced technology industries, research and development facilities, data centers, laboratories, or manufacturing, which will generate employment opportunities for the City. Factors to be considered by the City Council in approving a BMPD include: .1 That the location, uses and layout of the BMPD are in conformance with the general intent and the goals and objectives of the POCD. .2 That there will exist compatibility between the various uses that are proposed within the BMPD and also compatibility with neighboring land uses, taking into consideration the requirement and standards of these regulations. .3 That there will be a positive economic impact of the proposed BMPD to the City, including anticipated tax revenue, utility revenue and employment opportunities. 3.11.2 Establishment of District 3.11.2.1 The City Council shall establish the BMPD by approving a Master Plan, which while not intended to be a substitute for detailed requirements associated with a site plan, provides sufficient information to determine whether the proposal is in conformance with Section 3.11.1. Such adoption shall constitute a zoning map amendment in accordance with Section 8.4 of these Regulations. 3.11.2.2 Additions and Alterations. Any substantial and material alterations to the Master Plan, including but not limited to changes which are beyond the authority of the Commission of the City Plan under Chapter 7 of these Regulation, must comply with the criteria established in Section 3.11.1, and must be approved by the City Council in its sole discretion. 3.11.2.3 District Expiration. Approval of the zone change under this BMPD shall be void, without any further action of the City Council and the property shall automatically return to its prior zoning designation, unless a site plan for one or more sites in the BMPD is approved within 5 years of the zone change approval. The City Council may grant one or more extensions of this period prior to expiration upon written request of the applicant, but in no event will the extensions exceed 5 additional years. 3.11.3 Master Plan The purpose of the submission of a Master Plan is to determine whether the proposed uses and layout conform to Section 3.11.1, 3.11.5 and the POCD. The Master Plan, once adopted for a particular property or properties (the “Site”) shall establish the dimensional characteristics of the BMPD and its uses. All elements of the Master Plan shall be prepared to provide a conceptual plan for the overall development of the BMPD. The Master Plan shall include: 3.11.3.1 Master Plan narrative demonstrating the Master Plan’s consistency with the purpose of the BMPD, and the policies, goals and objectives of the POCD. 10 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 3.11.3.2 Existing Conditions Plan, showing site conditions and structures, including wetlands, watercourses, special flood hazard areas, existing topography with 5-foot contours showing the general gradient of the site, existing roads and rights of way, easements, boundary survey and location map, which, along with other surveys and plans listed below, shall be at a scale of 1 inch = 100 feet or larger prepared by a Connecticut licensed architect, landscape architect, surveyor or engineer (collectively the “Consultants”). 3.11.3.3 A description of the existing uses of the Properties and their present location prepared by the applicant and its Consultants. 3.11.3.4 Conceptual plan indicating structures to be retained, substantially rehabilitated or demolished; general location of new structures to be built on the Properties; proposed roadways; parking areas; vehicular and pedestrian circulation; and any areas to be landscaped or dedicated to public use or open space. This plan shall be prepared by one or more of the applicant’s Consultants, as applicable, and provide sufficient information to review the proposal. 3.11.3.5 A description of any proposed new uses or change in uses and their proposed location on the site by the applicant and/or its Consultants. 3.11.3.6 A preliminary traffic analysis detailing the impact of the proposed development taking into account the most intensive uses permitted in the BMPD; and including in the conceptual plan and the measures necessary to mitigate those impacts, if necessary. 3.11.4 Site Plan 3.11.4.1 After Master Plan approval and establishment of the zone by the City Council, each development site must apply for site plan approval to the Commission on the City Plan (“Commission”), following the requirements of Chapter 7 of these Regulations. The implementation of the Master Plan may be phased by the filing of multiple site plan applications. 3.11.5 Design Standards. The following design standards shall apply to the BMPD: 3.11.5.1 Area and Bulk Requirements. Existing structures located within the BMPD are deemed to be conforming in terms of any encroachments on maximum height, maximum lot coverage, etc. (i) Minimum district size: A minimum of 200 acres of contiguous land in one or more parcels under common ownership or other ownership arrangement satisfactory to the City Council acting as the zoning authority in its discretion; and (ii) Road frontage along any arterial road or direct access to and from an arterial road via a public road and/or private right of way; (iii) Serviced by adequate underground public utilities or be capable of being serviced by the same or by the provision of sufficient on site facilities to be constructed. (iv) Minimum front yard: 0 (v) Minimum side yard: 0 (vi) Minimum rear yard: 0 11 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 (vii) Maximum building height: such height as approved on the Master Plan. 3.11.5.2 Architectural Design. All new construction shall be designed to provide a high quality appearance consistent with contemporary standards and all selected materials shall be durable with subtle colors and uniform treatment. 3.11.5.3 Signage. A sign plan evidencing unified signage for the BMPD, including the general position, size and appearance of signs visible from any public right of way shall be included in the Master Plan application and shall be approved by the City Council. 3.11.5.4 Parking. On site parking areas shall be adequate for the uses proposed. The Master Plan shall establish parking standards, with parking located on site to the extent feasible, without excessive impervious coverage. Parking area design should maximize landscaping. Stormwater management shall be designed to handle anticipated run-off without creating negative impacts on adjacent properties or natural resources. 3.11.5.5 Lighting. All site lighting shall be designed with full cut-off fixtures and facing in a general downward direction to shield and reduce glare. 3.11.5.6 Permitted Uses. Permitted uses shall be established by the Master Plan. .1 Professional and contractor offices .2 Research and development facilities .3 Computer software and hardware development .4 Data Centers .5 Logistic Centers .6 Laboratories – no onsite patient visits permitted .7 Manufacturing .8 Power generation facilities and utilities .9 Truck Stop with associated retail sales, subject to approval of location within the BMPD .10 Other uses as permitted in the underlying zone in which the BMPD is located when specifically identified at the time of the BMPD application 3.11.5.7 Prohibited uses. The following uses are prohibited in the BMPD .1 Outdoor storage of raw or finished materials as a principal use (more than 50% of the building footprint) .2 Junk or salvage yards .3 Gasoline filling stations, except the permitted use Truck Stop .4 Vehicle sales, leasing and renting .5 Auto repair, storage, maintenance and paint shops .6 Retail sales except associated with permitted use Truck Stop .7 Residential uses .8 Landscaping and construction laydown area .9 Self-Storage facilities 12 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 3.11.5.8 Buffers. The purpose of buffer areas is to provide privacy from noise, light glare and visual intrusion to residential dwellings in all locations where uses within the BMPD abut a residential district exterior to the BMPD. The city council will carefully analyze any buffers between the BMPD and surrounding residential neighborhoods and may tailor standard buffers to include enhanced, landscaping, fences, walls and earthen landscaped berms, with due consideration for the relative heights of the uses on each side of the buffer. .1 Standard Buffers. Unless otherwise approved in the Master Plan, buffers for uses within the BMPD shall be established and maintained as 25 feet with 10 feet of screening from the adjoining residential zone and/or any additional buffer requirements as determined by the City Council. .2 Buffers may only be reduced from those established under Section 3.11.5.8.1 in the event such reduction is compatible with the objectives of Section 3.11.1. When reduction of buffers under Section 3.11.5.8.1 is allowed, the City Council shall require buffers meeting the standards of Section 13.11.5.8. The City Council, in the exercise of its discretion may require buffers of such size, type and material as it deems reasonably necessary to protect adjacent properties or important natural resources. .3 The following accessory uses may be allowed within buffer areas, provided they are adequately screened from residential properties: access roads, pedestrian sidewalks, utilities, mailboxes and approved signs. Upon a motion by Ald. Gould, seconded by Ald. Wilson, on a roll call vote it was unanimously voted to go into Executive Session pursuant to Connecticut General Statute Section 1- 200(6), that the members of the Norwich City Council go into Executive Session for the purpose of discussing the acquisition or disposition of real estate or interests in real estate, when publicity regarding the site, and the acquisition or disposition of interests in the same would adversely impact the price of the same; and to review preliminary drafts of proposals in the development and use of the property, the Council having determined that the public interest in withholding such documents clearly outweighs the public interest in disclosure at this time, and to review commercial or financial information given in confidence not required by statute. City Manager John Salomone, Finance Director Josh Pothier, Director of Planning, Deanna Rhodes, Chair of the Harbor Commission Tucker Braddock, Attorney Mark Block and Corporation Counsel Michael Driscoll shall be asked to participate during all or portions of this Executive Session at the request of the City Council. I hereby further move pursuant to Connecticut General Statutes Sections 1-200(6), that the members of the Norwich City Council continue in Executive Session for the purpose of discussing strategy and negotiations with respect to pending claims or litigation. City Manager John Salomone, Finance Director Josh Pothier, Human Resources Director Brigid Marks, Chief of Police Patrick Daley, Corporation Counsel Michael E. Driscoll, and Attorney David Monastersky, Litigation Counsel shall be asked to participate during all or portions of this Executive Session at the request of the City Council. 13 JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH FEBRUARY 8, 2021 The council was in Executive Session from 8:13 pm to 9:50 pm, at which time Mayor Nystrom, stated no votes were taken. Upon a motion of Ald. Myles, seconded by Ald. Gould, on a roll call vote it was unanimously voted to return to regular session. Upon a motion of Ald Myles., seconded by Ald. Gould, on a roll call vote it was unanimously voted to adopt the following resolution introduced by Mayor Nystrom, President Pro Tem Bettencourt and Ald. Gould. . WHEREAS, Donna Gremminger instituted a lawsuit against the City of Norwich alleging violations of General Statutes 46a-60(b)(1), 46a-60(a)(10), 46a-60(b)(7)(F, G, K); 46a-60(a)(4) and violations of Title VII, which action is pending in the United States District Court for the District of Connecticut where it is assigned case number 3:19-cv-01114-CSH; and WHEREAS, Donna Gremminger and the City of Norwich have reached an agreement with respect to a resolution of this litigation and Donna Gremminger’s separation from employment with the City of Norwich including a payment to Donna Gremminger for all claims relative to her employment and separation from employment, and a dismissal with prejudice or similar disposition of the pending litigation; and WHEREAS, Donna Gremminger and the City of Norwich wish to enter into a Settlement Agreement, Release, or Covenant Not To Sue in connection with her employment and separation from employment. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that City Manager John Salomone be and hereby is authorized and directed to enter into a Settlement Agreement, Release and Consent Not To Sue with Donna Gremminger on terms and conditions which are satisfactory to him, the Corporation Counsel and Attorney David Monastersky, litigation counsel in connection with this matter; AND BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF NORWICH that the sum of $25,000 be appropriated from Contingency Account 1050 0000-5860 to be paid as directed by her attorney as part of the consideration to be paid to Donna Gremminger. Upon motion of Ald. Gould, seconded by Ald. Myles, on a roll call vote it was unanimously voted to adjourn at 9:55 pm. Betsy M. Barrett City Clerk 14