City of Meriden, CT - February 4, 2002 Minutes

The Meriden City Council’s regular meeting of February 4, 2002 was convened at 7:00 p.m. by Mayor Mark Benigni. Mayor Benigni led the Council in the salute to the flag and Matthew Dominello offered the invocation. The Clerk called the roll. Present: Robert Clermont, Matthew Dominello, Joseph Ferrigno Feest, Joseph Galotti, Brian Kogut, Patricia Lynes, George McGoldrick, Michael Rohde, Walter Shamock, Anthony Tomassetti and Stephen Zerio.

Joseph Ferrigno Feest, made a motion, seconded by Patricia Lynes, to invoke Rule 20 to bring forth a Consent Calendar and to approve the minutes of January 22, 2002 and January 30, 2002 and to adopt the Consent Calendar and minutes as previously prepared. Motion carried unanimously.

Whereas, the National and Community Service Trust Act of 1993 created the Corporation for National Service for the purpose of engaging Americans of all ages and backgrounds in community-based service to address the nation’s educational, human, public safety and environmental needs; and

Whereas, the Act also created the AmeriCorps to channel the energy and idealism of the American people, especially young people, to address critical needs in our communities, to strengthen our cities and the civic character of our people through service, and to reward those who answer the call to service both financially and with enhanced educational opportunity; and

Whereas, the City has received $1,664,266 in federal grants from the Corporation for National Service, $90,000 in state grants from the Connecticut Commission on National & Community Service, $23,200 in Program Development Assistance & Training funds from the said commission, and $259,259 from the Meriden City Council to date to place 20 young

Whereas, it is in the best interest of our citizenry and especially our young people that the City of Meriden submit a renewal grant application which is due in February 2002 to the state Commission for consideration of continued AmeriCorps funding; and

Whereas, the requested 20 AmeriCorps Members would be required to give a year of full-time service (1700 hours) to the City or appropriate non-profit agency in exchange for an annual living wage, health insurance benefits, and educational/training award; and

Whereas, the Corporation for National Service will fund 85% of the Members living wage and the entirety of all education/training awards while the Grantee will be required to fund the balance, including 15% of Members living wage, FICA and Workers’ Compensation; now, therefore,

Be It Resolved, that the City Manager shall be and hereby is authorized to submit any and all documents required for the aforementioned grant and shall execute the grant contract for the program year 2002-2003, if such is offered, on behalf of the City of Meriden; and

Be It Further Resolved, that the City Council authorizes necessary funding not to exceed $40,000 for the program’s twelve-month period for the purpose of sponsoring Members and administering the City’s Americorps program, City SERVE!, upon approval of the grant application by the state Commission and Corporation for National Service.

THIS AGREEMENT is made this ________day of __________________, 2002, by and between THE CITY OF MERIDEN, a municipal corporation specially chartered by the General Assembly of the State of Connecticut, acting herein by its City Manager, Roger L. Kemp, hereinafter referred to as the “City”, and DAVID E. COOK, OF North Haven, Connecticut, a P.G.A. Registered Professional, hereinafter referred to as the “Golf Professional”.

3.1 The Golf Professional shall serve as the golf professional for the Course for the term of this agreement, subject to the supervision of and directly responsible to the Public Golf Course Commission (the Commission). He shall conduct himself at all times in all matters in accordance with those standards accepted for golf professionals as established by the P.G.A., and in accordance with those standards set by the Commission. He shall be

3.2 The Golf Professional shall cooperate and work closely with the Commission and the Golf Facilities Manager and shall attend the regular and special meetings of the Commission. The Golf Professional shall be responsible directly to the Commission with regard to all matters within the purview of the Agreement and in connection with the responsibilities set forth herein. The Commission shall establish policy for the operation of the Course and shall inform the Golf Professional of same and advise him of same as it affects his responsibilities hereunder in accordance with those objectives and policies. The Golf Professional shall fulfill his obligations hereunder in accordance with such objectives and policies.

3.3 The Golf Professional shall provide professional golf services as set forth in this agreement as an independent contractor and shall not be entitled to the usual characteristics of employment, such as withholding of taxes, Social Security or pension contributions, workers compensation, benefits, health insurance coverage, or any other employee benefit, other than as set forth in this Agreement. The Golf Professional shall not be entitled to any other compensation other than as set forth in this Agreement. Both parties agree and acknowledge that the additional compensation paid to the Golf Professional in prior agreements has intentionally been waived and omitted from this Agreement because of the Agreement by the City to provide a Pro Shop as set forth in Section 6.2 hereof, the amount of that prior compensation being necessary to defray the cost of the Pro Shop.

3.4 The Golf Professional shall have the right to subcontract any portion of his services subject to the approval of the Commission. Any persons employed by the Golf Professional to provide services required by this Agreement shall be employees of the Golf Professional and not of the City of Meriden. The Golf Professional shall comply with Federal and State laws and regulations regarding employment, including hours and wages. All employees shall be neatly dressed and clean in appearance.

3.5 The Golf Professional shall operate the concessions as hereinafter set forth in this agreement at his own cost, risk, and expense and in accordance with such standards as may be set by the Commission from time to time, and in accordance with all applicable laws and regulations.

3.6 The Golf Professional shall promote the game of golf and the Course by way of instructional programs, by playing golf, by playing in local tournaments, by conducting instructional clinics including junior golf programs, and shall originate, coordinate and supervise the regular and special programs of golf play, including golf tournaments, all as established or approved by the Commission.

3.7. The Golf Professional shall administer and supervise the starting time system as directed by the Commission. The City shall provide starters and rangers at the golf course. The Professional shall be responsible for the proper training, direction, and supervision of the golf course starters and rangers, and shall be responsible for the hiring, firing and discipline of the starters and rangers, subject to approval of the Commission. The use of starters or other City personnel for collection or operation of the Pro Shop is prohibited.

3.8 The Golf Professional shall act as cashier and shall be in full control of sales of all tickets for play, either seasonal or daily, and for the leasing of lockers. He shall deposit daily all sums so received to the local bank as directed by the Director of Finance of the City of Meriden and shall make full reports of the same as directed by the Golf Facilities Manager and the Commission. Said reports shall clearly indicate the revenue from the various categories of tickets, including season passes, daily tickets, league registration fees and green fees, and golf outings and tournaments, rental receipts from all golf carts, receipts from the golf range, and from the rental and lease of lockers and shall be submitted on a monthly basis. A system approved by the Commission shall be administered by the Golf Professional using a daily ticket system for the various categories, which shall be used as the daily pass.

3.9 The Golf Professional shall devote sufficient time at the Course during operating hours to ensure proper levels of service. He shall be present on weekends, holidays, days of tournaments and days of special events, except with the prior approval of the Commission. The Golf Professional shall be entitled to a scheduled weekday off each week, and, in addition, shall be entitled to participate in one (1) professional or pro amateur competition per week. The Golf Professional shall not be required to be at the Course when the Course is officially closed.

4.1 The Golf Professional shall have the right to sell golf merchandise at the Course. He shall maintain a proper stock necessary to adequately serve the public. The cost of such merchandise shall be in a reasonable range as determined by the Golf Professional. The Golf Professional shall maintain a credit rating with suppliers and manufacturers and other so as not to discredit the reputation or name of the Course or the City. The Golf Professional shall provide enough employees to serve the public with reasonable promptness. The Golf Professional shall maintain Pro Shop hours as approved by the Commission. He shall maintain the Pro Shop and related areas in a clean, orderly and inviting condition at all times in accordance with the standards of a quality facility. The Golf Professional shall furnish all labor, services, materials, supplies and equipment as reasonably necessary to operate the Pro Shop in accordance with this agreement.

4.4 The Golf Professional shall own or lease a sufficient number of power golf carts and shall be responsible for the maintenance thereof. The decision to allow carts on the course will be made by the Golf Facilities Manager or his designee. The fee for the rental of golf carts shall be established by the Golf Professional, subject to approval by the Commission. For the duration of this Agreement, power golf carts utilized shall not exceed six (6) years of age. Upon the date the Agreement becomes effective, the Golf Professional shall submit to the Commission a listing of power golf carts to be used in complying with the terms of this Agreement. The aforementioned list shall identify each type of power golf cart by make, model, year, and serial number. The carts shall be available for inspection to ensure that they meet the expectations of a golfer at a first rate golf course. The carts shall comply with all safety requirements, and shall be maintained in a safe and clean condition. No power golf cart shall be placed in service unless approved by the Commission, which approval shall not be unreasonably withheld or delayed. Such approval shall not relieve the Golf Professional of his responsibility to comply with safety

and maintenance requirements. The City shall provide a golf cart storage garage and staging area, which the Golf Professional shall be entitled to golf cart rental revenue subject to the payment to the City of an amount equal to or greater of $20,000.00 or fifteen percent (15%) of the gross golf cart rental revenue, which percentage shall be paid each day during the term of this Agreement and any renewals thereof. If, through no fault of the Golf Professional, gross revenues fall below that level which would yield the $20,000.00 minimum fee, such payment shall be equitably adjusted by agreement with the Commission.

4.5 The Golf Professional shall be responsible for the operation of the practice range provided by the City and shall have the right to rent practice balls. He shall provide the necessary staff to properly service the area, supply range balls, baskets and ball retrieval equipment. The fee for such services shall be determined by the Golf Professional, subject to approval by the Commission, which shall not be unreasonably withheld. The Golf Professional shall pay to the City twenty percent (20%) of the gross revenue from the operation of the golf range on the first day of each month of the term of this agreement including any renewals thereof. The Golf Professional shall keep the practice range in orderly condition.

The Golf Professional shall maintain books and records as required by this Agreement and as standard for golf course professionals. The Golf Professional shall make such books and records available upon request at any time for examination, and will permit the City or other authorized governmental officials to audit, inspect, examine, and make excerpts or transcripts from such records and to examine and audit all contracts, invoices, payrolls, and other data relating to all matters covered by this Agreement.

6.1 The City shall operate the Course at all times as are customary or reasonable for a golf course between March and December, exact days to be decided yearly by the Commission, for hours not less than from 7:00 a.m. to one-half hour past sunset on weekdays and from 6:00 a.m. to one-half hour past sunset on Saturdays, Sundays, and holidays, in accordance

with the standards of a first class golf course in the State of Connecticut. In the event that the Course shall not be operated in accordance herewith for a period of sixty (60) days, the Golf Professional may terminate this Agreement, upon fifteen (15) days written notice to the City.

6.2 The City shall furnish the Golf Professional with facilities in good repair necessary to operate and perform his obligations of this Agreement, as elsewhere set forth in this Agreement, including specifically an enclosed sales area on the City property, called the Pro Shop, sufficient for the sales operations contemplated by this agreement and for an office area, so that the Golf Professional shall be able to fulfill his obligations as set forth in this Agreement. The Pro Shop shall be constructed and maintained substantially in accordance with the specifications contained in an agreement between the City and Fuss & O’Neill Design Build Services, LLC, dated October, 2001. The City shall provide electricity and other utilities for the Pro Shop.

Either party may terminate this Agreement without cause by notifying the other party in writing within thirty (30) calendar days of the date of said termination; provided, however, that said termination shall not be effective during the golf season, being the period from March 15th to December 15th. The obligations of the parties hereto shall remain in full force and effect to the actual date of termination. If the Agreement is terminated by the City, pursuant to this Paragraph, the City shall buy up to $5,000.00 worth of “Hunter” logo merchandise at cost.

The invalidity or unenforceability of any provision hereof shall in no way affect the validity or enforceability of any other provision. Failure to insist upon strict compliance with any terms, covenants or conditions herein shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. No modification of any of the provisions of this Agreement or cancellation or replacement of this Agreement shall be valid unless in writing and signed by the parties. This Agreement may not be assigned by either party without the written consent of the other party, except as set forth in this agreement. This Agreement shall be governed, interpreted, and construed under and in accordance with the laws of the State of Connecticut.

In Section 131-2, new subsection “i” (set forth in the ordinance as subsection “j”), at the end of the sentence in subsection i3 the following should be added…”, an employee with disabilities who is employed by a special needs employment program, or at the discretion of the City Manager if it is determined to be in the best interest of the City of Meriden.”

In Section 131-5, add the following sentence: “The Human Rights Advisory Board shall receive annually a report by the Human Rights Advocate and/or a designee of the City Manager of the complaints of violations of this Chapter and a report by the City Manager of all enforcement action taken.”

In Section 131-5, add the following prior to the first sentence: “The Finance Department shall establish such written procedures, require such record keeping and/or reporting, and provide for the monitoring or other review of the service contractor’s records or reports, as the Finance Department shall deem necessary for the faithful effectuation and enforcement of this Chapter. These records and/or reports prepared by the service contractor shall be made available to the Finance Department, Human Rights Advocate and/or a designee of the City Manager during business hours upon request.”

In Section 131-6, after the third sentence, add the following: “A copy of each document pertaining to the Living Wage Ordinance shall be given by the service contractor to each service worker, who shall sign and date a form stating that they have received, read and understood the documents. The signed forms shall be kept by the service contractor on file and available to the City of Meriden upon request.”

City property means land and buildings owned or leased by the City of Meriden which property is used to house City programs or offices, and public streets, parks and spaces owned by the City; however, city property does not mean such and spaces owned by the City; however, city property does not mean such property leased by the City to non-City persons, or such property obtained by the City for eventual sale or lease to non-City persons.

13. One hundred and ten percent (110%) of the federal poverty level for a family of four, if health benefits are provided to the employee. Health benefits, for the purpose of this Chapter, mean paid comprehensive family medical coverage which does not require the employee to contribute more than 3% of their annual wages toward the payment of the health plan; or

14. If health benefits are not provided to the employee, the employer must pay wages in accordance with subsection 1, above, and in addition make payments to its employees in lieu of health benefits, as determined by the City of Meriden. The City of Meriden shall calculate and set forth the amount of these payments in lieu of health benefits on a yearly basis, based upon the average cost of comprehensive health insurance in the State of Connecticut.

Person means any individual, corporation, partnership, joint venture, or other entity; however, person does not mean a private corporation organized under Section 501(c)(3) of the Internal Revenue Code (26 U.S. C. Section 501(c)(3), whose chief executive officer earns a salary which when calculated on an hourly basis is less than eight times the lowest wage paid by the corporation or which employs 20 or less year-round employees in the City of Meriden.

An individual person whose wage rate is subject to a US or Connecticut statute, law or regulation mandating a prevailing wage rate imposed by such statute, law or regulation, or any regulation duly promulgated pursuant to such statute, law or regulation by the United States, the State of Connecticut, or any official, department, agency, or other entity thereof;

An individual who is under the age of eighteen (18) years or is in a youth employment program or is a student intern, or is an employee with a disability who is employed by a special needs employment program, or at the discretion of the City Manager if it is determined to be in the best interest of the City of Meriden.

The Finance Department shall establish such written procedures, require such record keeping and/or reporting, and provide for the monitoring or other review of the service contractor’s records or reports, as the Finance Department shall deem necessary for the faithful effectuation and enforcement of this Chapter. These records and/or reports prepared by the service contractor shall be made available to the Finance Department,

The Human Rights Advocate and/or a designee of the City Manager shall investigate violations of this Chapter and make recommendations to the City Manager for enforcement. The City Manager shall consider these recommendations and take enforcement action, if a violation is found. The Human Rights Advisory board shall receive annually a report by the Human Rights Advocate and/or a designee of the City Manager detailing the complaints of violations of this Chapter and a report by the City Manager of all enforcement action taken.

a. Every service contractor shall post copies of documents, provided by the City of Meriden, stating the living wage applicable to service workers. In addition, such posting shall include a form which may be used by service workers to file a complaint for noncompliance with the provisions of this Chapter. Such postings shall be made at the work site in a prominent place where all documents posted in accordance to this Chapter may be easily seen and read by service workers. A copy of each document pertaining to the Living Wage Ordinance shall be given by the service contractor to each service worker, who shall sign and date a form stating that they have received, read and understood the documents. The signed forms shall be kept by the service contractor on file and available to the City of Meriden upon request. A copy of each document shall be given by the service contractor to each service worker upon request of that service worker no later than (i) the last hour of the service worker’s next shift or (ii) the last hour of the next business day.

In the event that the City Manager determines that a service contractor has paid a service worker a sum less than the living wage for service work, the City Manager shall require the service contractor to make full restitution to the service worker (i) in the service worker’s next paycheck or (ii) within five (5) business days if the service worker is no longer employed by the service contractor.

For failure to rectify a violation of subsection (a) of this section before the end of the business day following the day such service contractor received notice of such violation from the City Manager, $100 per day for every business day subsequent to the last day of such violation so noticed.

For failure to make restitution to a service worker pursuant to subsection (b) and (b)(1) of this section, $100 per day for every calendar day subsequent to the last day upon which such service contractor paid such service worker a sum less than the living wage for service work.

Ineligible to contract with the City means that such service contractor and any parent or subsidiary or related entity of such service contractor shall be ineligible to submit bids or proposals for any contract or other agreement with the City and to be ineligible to enter into any contract or agreement (including a new contract or other agreement or a renewal or extension or amendment of an existing contract or other agreement) with the City.

Such period of ineligibility shall be for at least one (1) but not more than three (3) calendar years. At any time after the first year of ineligibility has been completed, the Purchasing Agent may declare that the period of ineligibility is terminated.

Declarations made pursuant to this section shall be issued in writing to the service contractor, and the Purchasing Agent shall furnish copies of all such declaration promptly upon issuance to the Human Rights Advocate, the Human Rights Advisory Board, the City Manager, Department Heads and elected officials.

The Human Rights Advocate or other designee of the City Manager shall investigate violations of the living wage ordinance and make recommendations to the City Manager. The City Manager shall consider the recommendations and take enforcement action, if needed. An enforcement action issued by the City Manager shall be appealable by written notice by the service contractor to the Human Services Committee of the City Council within five (5) business days after the receipt of the enforcement action by the Human Rights Advocate or the City Manager. The Human Services Committee may reverse the City Manager’s determination by a majority vote.

Each January, the Human Rights Advocate, City Manager or a designee of the City Manager shall submit to the City Council and the Human Rights Advisory Board an annual report for the preceding year regarding the implementation of this Chapter, including fiscal impact and the impact on hiring of Meriden residents.

RESOLUTION AMENDING A RESOLUTION APPROPRIATING $6,400,500 FOR VARIOUS PUBLIC IMPROVEMENTS AND EQUIPMENT AND AUTHORIZING THE ISSUANCE OF $6,400,500 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.

Section 1. Section 1 of the resolution entitled “A Resolution Appropriating $6,400,500 For Various Public Improvements And Equipment And Authorizing The Issuance Of $6,400,500 Bonds Of The City To Meet Said Appropriation And Pending The Issue Thereof The Making Of Temporary Borrowings For Such Purpose” adopted by the Common Council on July,2001, as amended (the “GPIB #55 Resolution”) is hereby further amended by adding a new appropriation for “Police Department-Police Cruisers (12) @ $38,500 each, including laptop computers with modem, video cameras and accessories -$462,000”, thus increasing the total appropriation therein from $6,736,500 to $7,198,500.

Whereas, the State of Connecticut Office of Policy and Management in 1996 approved the City’s participation for grant funds to hire ten (10) police officers under the Safe Neighborhood Program and is providing additional financial assistance; and

Be It Resolved, by the City Council, that the City Manager, Roger L. Kemp, is hereby authorized to submit a Safe Neighborhood Grant application and to execute a grant contract with the State of Connecticut Office of Policy and Management for $80,000.

Whereas, a small park that is located southwest of the bridge along the southern river bank is commonly referred to as Quinnipiac River Park and this park and the bridge are separated by a fence which is sorely in need of repair and/or removal; and

Item 12. Bid Waiver from Steve Montemurro, MIS Director to purchase software from OmniData for virus protection. They are the lowest bidder and are the current vendor for network maintenance and engineering support and provides excellent service and support was filed.

Item 19. Claims submitted against the City by Susan South, 52 Clinton Street, Meriden; Julio and Maria Muniz, 16 Skyline Drive, Meriden; Terri Bartis Vollero, 492 Yale Avenue, Meriden; Heity DeJesus, 216 Cook Avenue, Meriden; Michelle & Peter Baker, 55 Eaton Drive, Meriden; James Ieronimo, 5 Alexander Drive, Meriden were referred to Legal and Safety & Risk.

Carla Cesare, Director of the Augusta Curtis Cultural Center, is requesting a bid waiver to purchase 150 stackable chairs from Salka Office Furniture. Both Carla and the Purchasing Department quoted this item, and the price was found to be competitive. Therefore, she is requesting a bid waiver for $10,816.00.

I agree with your reasons for the waiving of the provisions of Chapter VIII, Section I, Article C of the Charter of The City of Meriden, and I hereby consent to the waiving of Chapter VIII, Section I, Article C of the Charter of the City of Meriden for the purpose of executing the project in the manner stated above.

Item 20A. Your Finance Committee, to whom was referred the resolution concerning an amendment to GPIB #55 – deleting “Fire Department Thermal Imaging Machines (2) and substituting with “Fire Department – Thermal Imaging Machines (5) - $38,000” on 1/7/02, report that they have attend to the matter and recommend ADOPTION.

Item 20B. Your Finance Committee, to whom was referred the resolution concerning an amendment to GPIB #55 – “Police Department – One 4x4 Police Vehicle - $40,000” on 1/7/02, report that they have attended to the matter and recommend ADOPTION.

Item 20C. Your Finance Committee, to whom was referred the resolution concerning an amendment to GPIB #55 – “Fire Department – Custom Fire Pumper - $255,000”, on 1/7/02 report that they have attended to the matter and recommend ADOPTION.

Item 20D. Your Finance Committee to whom was referred to resolution concerning $141,812 is accepted as a final settlement of overdue payments to date on Medco/Protein Science on 1/7/02, report that they have attended to the matter and recommends ADOPTION and the passage of the accompanying order:

Item 20E. Your Finance Committee, to whom was referred the resolution concerning an appropriation of $19,562 be made from the Contingency Fund to pay the outstanding balance for gasoline bills at the Police Department on 1/7/02, report that they have attended to the matter and recommend ADOPTION and the passage of the accompanying order:

Item 20F. Your Finance Committee, to whom was referred the resolution concerning a job description for Purchasing Contract Specialist on 12/3/01, report that they have attended to the job and recommend ADOPTION and the passage of the accompanying order:

Joseph Galotti, made a motion, seconded by Patricia Lynes, to adopt. Stephen Zerio, made an amendment, seconded by Joseph Galotti, to Precincts 82-1, 82-15, 84-12 and 84-16. Two of the changes are to street names and two changes were pointed out by the Registrar of Voters.

In Precinct 84-12, the phrase “thence westerly along the centerline of Prospect Avenue to its intersection with New Hanover Avenue” should be changed to “thence southerly and westerly along the centerline of Lanouette Street and Lanouette Street Extension to its intersection with New Hanover Avenue”.

In Precinct 83-16, the phrase “with Prospect Avenue thence easterly along the centerline of Prospect Avenue to its intersection with” should be deleted and replaced with “thence easterly along the centerline of Main Street and easterly and northeasterly along the centerline of New Hanover Avenue to its intersection with Lanouette Street Extension to its intersection with Flower Street.