Town of Waterford v. Norman E. Sylvia, Jr. et al. (2013)

ORDER REGARDING CONTEMPT CITATIONS # 104 AND # 106

The Court, finding the Defendants in contempt, hereby imposes the following sanctions, and enters these orders for failure to comply with the judgment entered on July 3, 1995 and modified on November 8, 2011 as follows:

1. Costs of $4500.00 incurred in hiring contractors to perform the corrective action at 28 Butlertown Road, Waterford that will bring the property into compliance with the wetlands restoration plan.   The Defendants will permit entry onto the property by all the Plaintiff's agents to perform the necessary work outlined in the 1995 judgment and 2011 modification thereto as well as allow a follow up inspection annually for a period of three years.   The remediation plan includes yearly monitoring and follow up visits to check and replace any damaged or dead plantings, which cost is incorporated within the $4,500.00.

2. Attorneys fees incurred as a result of prosecuting this motion in the amount of $15,685.50 as referenced in the affidavit of attorneys fees on file as well as attorneys fees in the amount of $1,200.00 for trial of this matter on December 10, 2013 and immediate follow up.

3. Costs in the amount of $406.79 as referenced in the affidavit of attorneys fees filed with this proposed order.

4. Civil penalties in the amount of $50.00 per day for 764 days from November 8, 2011 to the December 10, 2013 amounting to $38,200.00.

5. The Defendants are ordered to make payment in full of the aforementioned sanctions, fees, and costs in paragraphs 1–4.   An order of weekly payments of $150. per week, commencing January 20, 2014, is entered, payment to be made to counsel for the plaintiff, Robert A. Avena, Town Attorney for the Town of Waterford, Avena & Kepple, LLC, 20 South Anguilla Road, Pawcatuck, CT 06379.

Payments are to be applied to the amounts due in the order of the numbered paragraphs.

Notwithstanding the above, if defendants' payments of the above are timely as called for in paragraph 5, and $25,000 of the $38,200 called for in paragraph 4 is or has been paid by December 31, 2014, then the judgment herein shall be fully satisfied.

Parker, JTR

Parker, Thomas F., J.T.R.