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MINUTES OF THE MEETING OF THE . LITIGATION SETTLEMENT COMMITTEE . Wednesday, February 27, 2013 . Committee Members Prese
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MINUTES OF THE MEETING OF THE LITIGATION SETTLEMENT COMMITTEE Wednesday, February 27, 2013 Committee Members Present: Mr. Joseph Clerkin, Chairman; Mr. Robert Smuts, Chief Administrative Officer, Mr. Edward Zack, for Finance Department, Pia Pyles, Esq. and Mr. Joseph Dolan. Corporation Counsel Staff Present: Victor Bolden, Corporation Counsel; Audrey Kramer, Senior Assistant Corporation Counsel; Michael Wolak, Senior, Assistant Corporation Counsel, and Nancy Pepe, Legal Assistant. Outside Counsel: Karen Baldwin-Kravetz, Esq. Nicole C. Chomiak, Esq. James Perito, Esq. Robert Rhodes, Esq. CIRMA Care Representative:
Ms. Susan DeSorbo
Workers' Compensation Division Representative:
Mr. Daniel Roche
Meeting Started:
5:31 p.m.
Meeting Ended:
6:30 p.m.
Mr. Clerkin called the meeting to order at 5:31 p.m. Mr. Smuts moved approval of the minutes of the January 30, 2013 meeting. Mr. Dolan seconded the motion. Attorney Pyles and Mr. Zack abstained because they were not present at the January 30, 2013 meeting. The motion passed. Mr. Smuts moved approval of Office Nos. 0939803731 and 0930209119. Mr. Dolan seconded the motion. Office Nos. 0939803731 and 0930209119 - Joanne Newton v. City of New Haven – Ms. DeSorbo summarized the issues regarding these matters to the Committee Members. Mr. Dolan asked if the amount listed as incurred had been paid. Ms. DeSorbo stated that it had been paid and this is a full and final settlement of all claims. The motion to approve the recommendation passed unanimously. Mr. Smuts moved approval of Office Nos. 0003634, 0029017 and 0047410. Attorney Pyle seconded the motion. Office Nos. -. 0003634, 0029017 and 0047410 – Samuel Reyes v. City of New Haven – Ms. DeSorbo summarized the issues regarding these matters to the Committee Members. Mr. Dolan asked about the Medicare issues. Ms. DeSorbo stated that the claimant is close to the Medicare age. If the City doesn’t settle, and he
waits to have surgery, there could be the need to set aside money for future medical expenses related to the worker’s compensation claims, which is a Medicare requirement. The motion to approve the recommendation passed unanimously. Mr. Smuts moved approval of Office Nos. 0010084, 0939909724, 0930206129, 0027792 and 0066651. Mr. Dolan seconded the motion. Office No. - 0010084, 0939909724, 0930206129, 0027792 and 0066651. Mark DeFelice v. City of New Haven – Ms. DeSorbo summarized the issues regarding these matters to the Committee Members. Mr. Dolan asked if the amount listed as incurred had been paid. Ms. DeSorbo stated yes. Mr. Dolan asked what a non-union scaphoid is. Ms. DeSorbo stated that it is a fractured bone in the wrist that did not heal properly. The motion to approve the recommendation passed unanimously. Mr. Smuts moved approval of Office Nos. L11-0078 and L11-0057. Mr. Zack seconded the motion. Office Nos. L11-0078 and Office No. L11-057 – Joseph Aurora v. Giordano Construction Company, Inc. and Jose Luna vs. Giordano Construction Company Attorney Kramer summarized the issues regarding these matters to the Committee Members. The Committee had no questions. The motion to approve the recommendations passed unanimously. Mr. Smuts moved approval of Office Nos. L12-0104 and L12-0097. Attorney Pyles seconded the motion. Office No. L12-0104 and Office No. L12-0097 – Claremont Enterprises, LLC v. City of New Haven and Trumbull Enterprises, LLC - Attorney Perito summarized the issues regarding these matters to the Committee Members. The Committee had no questions. The motion to approve the recommendations passed unanimously. Mr. Smuts moved approval of Office No. L11-0188. Attorney Pyles seconded the motion. Office No. L11-0188 – Harbour Point L.L.C. v. City of New Haven - Attorney Baldwin-Kravetz summarized the issues regarding this matter to the Committee Members. Mr. Dolan asked if Judge Aaronson’s decision means an Assessor can’t tax any improvements to a site until after a certificate of occupancy is issued. Attorney Kravetz stated that is correct . However, the Legislature immediately took action at the behest of municipalities, and passed a Statute that says you can. That Statute does not apply retroactively. The motion to approve the recommendation passed unanimously. 2
Mr. Smuts moved approval of Office No. L10-0199. Mr. Zack seconded the motion. Office Nos. L10-0199 and L11-0072 – Gregory Grant v. Quintarus McArthur, et al and Patricia Saulsbury v. City of New Haven, et al - Attorney Wolak summarized the issues regarding these matters to the Committee Members. Mr. Dolan asked how the Officer was. Attorney Wolak stated he was also injured. The motion to approve the recommendations passed unanimously. Mr. Smuts moved approval of Office No. L09-0010. Attorney Pyle seconded the motion. Office No. L09-0010 – Annette Appelbaum v. City of New Haven - Attorney Wolak summarized the issues regarding this matter to the Committee Members. Mr. Dolan asked who Douglas Arndt is. Attorney Wolak stated that he is the new Director of Public Works. The motion to approve the recommendation passed unanimously. Office No. L10-0122 – Kathleen Williams v. City of New Haven - It was recommended that this matter be discussed in an executive session. On the advice of Corporation Counsel, Mr. Smuts moved the Committee into an Executive Session to discuss Office No. L10-0122 with Attorney Bolden and Attorney Chomiak. Mr. Zack seconded the motion. The motion passed unanimously. The Committee entered into Executive Session at 5:57 p.m. A motion was made to exit Executive Session. The motion was seconded and passed unanimously. The Committee exited Executive Session at 6:00 p.m. The motion to approve the recommendation passed with Mr. Clerkin, Attorney Pyles, Mr. Dolan and Mr. Zack voting in favor of the settlement. Mr. Smuts abstained. Office No. L11-0245 – Vincent Valanzuolo v. City of New Haven - It was recommended that this matter be discussed in an executive session. On the advice of Corporation Counsel, Mr. Smuts moved the Committee into an Executive Session to discuss Office No. L11-0245 with Attorney Bolden and Attorney Chomiak. Mr. Zack seconded the motion. The motion passed unanimously. The Committee entered into Executive Session at 6:01 p.m. A motion was made to exit Executive Session. The motion was seconded and passed unanimously. The Committee exited Executive Session at 6:14 p.m. The motion to approve the recommendation passed unanimously.
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Office No. L01-0427 – James Van de Velde v Melvin Wearing, et al – It was recommended that this matter be discussed in an executive session. On the advice of Corporation Counsel, Mr. Smuts moved the Committee into an Executive Session to discuss Office No. L01-0427 with Attorney Bolden and Attorney Rhodes. Attorney Pyles seconded the motion. The motion passed unanimously. The Committee entered into Executive Session at 6:15 p.m. A motion was made to exit Executive Session. The motion was seconded and passed unanimously. The Committee exited Executive Session at 6:28 p.m. The Committee approved the Recommended Settlement for Office No. L01-0427. A motion was made to adjourn the meeting. The motion was seconded and passed unanimously. The meeting was adjourned at 6:30 p.m.
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