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February 22, 2002 Minutes
CITY COUNCIL MINUTES
                                                        REGULAR MEETING
                                                        FEBRUARY 19, 2002

        The Meriden City Council’s regular meeting of February 19, 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, Keith Gordon, Brian Kogut, Patricia Lynes, George McGoldrick, Michael Rohde, Walter Shamock, Anthony Tomassetti, Stephen Zerio.

EXCUSED:  Joseph Galotti.

OTHERS IN ATTENDANCE:  Roger L. Kemp, City Manager and Lawrence J. Kendzior, Corporation Counsel.

        Stephen Zerio, made a motion, seconded by Patricia Lynes, to invoke Rule 20 to bring forth a Consent Calendar and to approve minutes of February 4, 2002 and to adopt the Consent Calendar and minutes as previously prepared.  Motion carried unanimously.

CONSENT CALENDAR

Item 1.         Presented by Patricia D. Lynes.

Whereas,        the Head Start Program, previously operated by Meriden’s Women and Families Center is now managed by the Community Development Institute; and

Whereas,        this organization has been appointed by HUD to serve a the interim administrator of this day care facility; and

Whereas,        the Community Development Institute is requesting that the City continue its health coverage for employees of this program; now, therefore,

Be It Resolved, that this health coverage be continued until a permanent grantee is appointed; and

Be It Further Resolved, that the City Manager be directed to explore less expensive alternatives for next year’s municipal budget.

Referred to Human Services.

Item 3. Presented by Stephen T. Zerio, by request.


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Whereas,        the City Council previously approved an agreement making certain changes to the City retirement system; and

Whereas,        those changes should be reflected in the sections of the City Code which set forth those portions of the retirement system; now, therefore,

Be It Resolved, that:

        Section 35-5.A. of the City Code is amended by substituting the following for the second section of that Section:

        “Two percent (2%) of each employee contribution shall be contributed to the Retiree Health Insurance Fund administered by the City.”

        Section 35-7.A.(6) of the City Code is amended by substituting the following for the second sentence of that Section:

        “The cost-of-living adjustment (COLA) shall be equal to two percent (2%) compounded every year beginning the later of age 62 or two years from the date of retirement with a lifetime cap.”

Referred to Finance for Public Hearing.

Item 4. Presented by Joseph Ferrigno Feest, by request.

Be It Ordered, that Myrtle Place be accepted as a City Street and added to the 2002 paving list.

Referred to Public Works and Parks & Recreation.

Item 5. Letter to Mayor Benigni from Deputy Fire Marshal Steven Trella re: Establishment of Fire Lanes at Whitney Court Condominiums, 37, 57, 58 Woodley Court was referred to Public Safety.

Item 6. Bid Waiver from South Meriden Volunteer Fire Department to purchase a 2001 E-One Rescue Truck from Connecticut Fire Apparatus of Wallingford.  This is the only vendor that sells this equipment.  They have offered the city a $25,000 trade in for their old fire rescue and Engine 12.  The vendor is also located in Wallingford which reduces the down time of the vehicle when serviced.  The cost of the vehicle is $116,000 less the trade in of $25,000.  Filed.
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Item 8. Claims submitted against the City by Donna Scott, 78 East View Terrace, Meriden; Theodore Rogoz, 462 Curtis Street, Meriden; Muriel Reid, 80 Hanover Street, Apt. 804, Meriden; Euelio Agudo, 32 Cook Avenue, Apt. 103, Meriden; Helen Joan Prince, 455 Broad Street, Apt. 3-I, Meriden were referred to Legal and Safety & Risk.

Item 15.        Minutes of the School Building Committee Meeting of January 3, 2002 were filed.

Item 16.        Minutes of the Golf Course Commission Meeting of December 10, 2001 were filed.

Item MNO17.             Presented by Michael S. Rohde, by request.

Whereas,        second-hand smoke contains asbestos, benzene, formaldehyde and other harmful chemicals; and

Whereas,        second-hand smoke has been defined as a carcinogen, a substance that causes cancer by the Environmental Protection Agency; and

Whereas,        each year 40,000 Americans die from diseases caused by second-hand smoke; and

Whereas,        municipalities have had the general legal authority to enact laws to protect the public health; and

Whereas,        since 1993, the state legislature has prohibited municipalities from enacting regulations to provide the public with better protection from second-hand smoke; now, therefore,

Be It Resolved, that the Meriden City Council recognizes the dangers of second-hand smoke and urges its legislative delegation to repeal preemption language contained in subsection (f) of section 19a-342 and allow cities and towns to regulate exposure of adults and children to second-hand smoke in public places.

Referred to Human Services.

END OF CONSENT CALENDAR

Item 2. Presented by Joseph Ferrigno Feest, by request.
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Whereas,        NRG desired to relocate their water meter and meter vault; and

Whereas,        this request was approved by the City’s PUC and Engineering Division; and

Whereas,        the water meter and meter vault are being relocated from the bottom to the top of Sam’s Road; now, therefore,

Be It Resolved, that the City Manager is hereby authorized to sign this amendment to the City/NRG Sewer and Water Agreement dated August 25, 2000.

                                                Draft: 5/18/01

FIRST AMENDMENT TO SEWER
AND WATER AGREEMENT

        This First Amendment to Sewer and Water Agreement (“Amendment”) is made as of _________, 2001, by and between the City of Meriden, Connecticut (“City”) and PDC-El Paso Meriden, LLC, a Delaware limited liability company (“PDC-El Paso”).

RECITALS

City and PDC-El Paso, as successor in interest to Meriden Power Company, LLC, are parties to a Water and Sewer Agreement (“Agreement”) dated August 25, 2000, relating to the providing of water and sewer service to the Project.

City and PDC-El Paso desire to amend the Agreement as hereinafter set forth.

NOW, THEREFORE, in consideration of the Recitals and the mutual covenants contained herein, City and PDC-El Paso agree as follows:

The Recitals are incorporated into and made a part of this Amendment.
All capitalized terms in this Amendment which are not otherwise defined herein shall have the meanings given them in the Agreement.
Paragraph 3 of the Agreement, Water System Infrastructure Improvements, is amended by changing the location of the water meter and meter vault to be installed by PDC-El Paso from the Delivery Point to a location at the top of Sam’s Road in the vicinity of the proposed cul-de-sac at the intersection of Sam’s Road and south Mountain Drive.  A
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PAGE 5.

drawing which shows the general location of where water meter and meter vault are to be installed is attached hereto as Exhibit A and incorporated herein.
In the event of any conflict between this Amendment and the Agreement, the provisions of this Amendment shall control.  As amended by this Amendment, the Agreement is hereby ratified and affirmed.

IN WITNESS WHEREOF, the City and PDC-El Paso have executed this Amendment of the day and year first above written.

                                                THE CITY OF MERIDEN

                                                By:___________________________
                                                Name:________________________
                                                Title:_________________________

                                                PD-EL PASO MERIDEN, LLC

                                                By:__________________________
                                                Name:________________________
                                                Title:_________________________

Stephen Zerio, made a motion, seconded by Keith Gordon, to waive the reading and adopt.  Motion carried unanimously.

Item 7.                                         MEMORANDUM

To:             Meriden City Council
From:           Mark D. Benigni, Mayor
Date:           February 19, 2002
Subject:        Appointments/Reappointments to Boards & Commissions

Pursuant to C3-3J of the City Charter, below find listed the following appointments/reappointments to various boards and commissions for the City of Meriden.

Aviation Commission

Alfred Rousseau D
484 Allen Avenue
Exp. 1/31/05    (reappointment)

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Building Code of Appeals        

William Kroll           U                       Benjamin Kopacz R
70 Spice Apple Lane                             91 Metacomet Drive
Exp. 1/31/05    (reappointment)         Exp. 1/31/04(vacancy of Bartholomew)

Land Conservation Commission

Robert Pagini           U                       Allan Harding           U       Alternate
22 Pearl Street.                                269 Chamberlain Highway
Exp. 1/31/05    (reappointment)         Exp. 1/31/05    (reappointment)

Design Review Board

Pamela Craig-white      U                       Linda Mesite            D
12 Sylvan Valley Road                   879 Murdock Avenue
Exp. 1/31/05    (reappointment)         Exp. 1/31/04    (vacancy of Crump)

Commission for Persons With Disabilities

Richard Fuqua           D       Debra Belancik  D       Felix Vasquez           D
50 Meadow Street                470 Bee Street                  229 Gale Avenue
Exp. 1/31/04                    Exp. 1/31/05                    Exp. 1/31/05
(replaces Johnson)              (replaces St. Onge)             (replaces C. Kimball)

Karen Parian            R       Sue Burchsted           U       Pat Hozebin             R
90 Trumbull Street              16 Spice Apple Lane             251 Elmwood Drive
Exp. 1/31/04 (Alternate)        Exp. 1/31/04                    Exp. 1/31/03
                                (replaces Denenberg)            (replaces D. Kimball)

Board of Ethics

Linda Braddock  U       Karen Scala             U       Rosann Scalise  D
60 Beth Ann Circle              55 Louis Drive          72 Sylvan Avenue
Exp. 1/31/05(reappointment)     Exp. 1/31/05(reappointment)     Exp. 1/31/03
                                                                (replaces Carter)



                                                        

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Inland-Wetlands & Watercourse Commission

Jack Friedman           D                               Daniel Reardon          U
48 Pine Tree Ridge                                      216 Greenbriar Road
Exp.1/31/05 (appointment)                               Exp. 1/31/05 (reappointment)
(replaces Gibson)

Library Board

Catherine Praher        U                       Sharon Jodon            R       
410 East Main Street                            1554 North Broad St.    
Exp. 1/31/05 (reappointment)                    Exp. 1/31/05 (reappointment)

William Williams, Sr.           R
194 Old Stagecoach Road
Exp. 1/31/05 (reappointment)

Maloney Scholarship Committee

Irene Masse'            R
28 Sweetbirch Drive
Exp. 1/31/05  (reappointment)

Municipal Pension Board

John F. Miniter R
712 Main Street, S.M.
Exp. 1/31/05  (reappointment)

Neighborhood Rehabilitation Advisory Board

Leonard A. Matejek      D                       David Parian            R       
72 Piedmont Street                              90 Trumbull Street              
Exp. 1/31/05 (reappointment)                    Exp. 1/31/05 (reappointment)    
                                                                        
Heidi Boyd              D
39 Hemlock Road
Exp. 1/31/03
(vacancy of Hubball)

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Parking Commission

Roland Santoni  D                       Benjamin Kopacz R
156 Washington Avenue                   91 Metacomet Drive
Exp. 1/31/05 (reappointment)                    Exp. 1/31/04  (vacancy of Kielbasinski)

Planning Commission

Charles Giampietro      R                       Donna Tillbrook R       Alternate
136 Skyline Drive                               239 Maple Avenue        
Exp. 1/31/05                                    Exp. 1/31/05
(replaces Petrella)                             (replaces Ranno)

William Murdy   D
44 Linda Court
Exp. 1/31/05 (reappointment)

Public Golf Commission

Charles McGlew  D                       Joyce Gibson            R
64 Isabelle Drive                               96 Rockledge Drive
Exp. 1/31/05 (reappointment)                    Exp. 1/31/05    
                                                (replaces Lockert)

Delmer Weston   U
124 North Avenue
Exp. 1/31/05
(replaces Feest)

Public Utilities Commission

Raymond Gradwell, Jr.   D
22 Evergreen Lane
Exp. 1/31/05
(replaces Gulino)

School Building Committee

Dennis Sullivan         R               David Parian            R
7 Kennedy Drive                         90 Trumbull Street
Exp. 1/31/05 (reappointment)                    Exp. 1/31/05 (vacancy of Oddie)
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Fred Stark              R
87 Finch Avenue
Exp. 1/31/04
(replaces Dubb)

Tax Relief, Board of

John Neumon             R
287 Coe Avenue
Exp. 1/31/04 (2-yr. Term)
(reappointment)

Transit District

John Nugent             U
59 Crown Street, Ext.
Exp. 1/31/05 (reappointment)

Zoning Board of Appeals

Edwin J. Jones          D                       David Papandrea         D
133 Natchaug Drive                              465 Crown Street, #105
Exp. 1/31/05 (reappointment)                    Exp. 1/31/05 (reappointment)

John DeMayo             R
648 Main Street, S.M.
Exp. 1/31/05
(reappointment)

Cable Advisory Board

Andrew Jay              R                       Sherry Michalke
54 Rosemary Terrace                             177 Lydale Place
Exp. 6/30/02                                    (Meriden Public Library Representative)
(replaces Baigert)                              (replaces Gillespie)

Human Rights Advisory Board

Edward Boganski D                       Felicity Moller         D
71 Prospect Avenue                              6 Carl Street
Exp. 7/17/03 (replaces Schwartz)                Exp. 7/17/03 (replaces Neron)
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Item 9.         No report from Finance.

Item 10A.       Your Public Safety Committee, to whom was referred a resolution concerning the Police Chief be authorized to spend up to $10,000 from Drug Asset Forfeiture Funds to purchase two (2) police dogs on 1/7/02, report that they have attended to the matter and recommend ADOPTION.       

Committee:      Matthew C. Dominello, Chairperson, Anthony D. Tomassetti, Vice-Chair, Michael S. Rohde, Keith Gordon and Joseph Ferrigno Feest.

Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt.  Motion carried unanimously.

Item 10B.       Your Public Safety Committee, to whom was referred a letter from Dan Zaborowski re:  problems with sight line vision at the corner of Fiesta Heights and Johnson Avenue on 1/22/02, report that they have attended to the matter and recommend FILING.

Committee:      Matthew C. Dominello, Chairperson, Anthony D. Tomassetti, Vice-Chair, Michael S. Rohde, Keith Gordon and Joseph Ferrigno Feest.

Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt.  Motion carried unanimously.

Item 10C.       Your Public Safety Committee, to whom was referred the resolution concerning streetlights to be installed on Twiss Street in the vicinity of 88 Twiss Street on 12/17/01 report that they have attended to the matter and recommends DENIAL and the passage of the accompanying order.

Committee:      Matthew C. Dominello, Chairperson, Anthony D. Tomassetti, Vice-Chair, Michael S. Rohde, Keith Gordon and Joseph Ferrigno Feest.

Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt.  Motion carried unanimously.

Item 10D.       Your Public Safety Committee, to whom was referred the resolution concerning parking signs be posted on west side of Grove Street from Foster to Bartlett Street on 1/7/02, report that they have attended to the matter and recommend DENIAL and the passage of the accompanying order:


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Committee:      Matthew C. Dominello, Chairperson, Anthony D. Tomassetti, Vice-Chair, Michael S. Rohde, Keith Gordon and Joseph Ferrigno Feest.

Be It Further Ordered, that this item be denied as recommended by staff, as the east side of the street will not be able to support the additional parking.

Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt.  Motion carried unanimously.

Item 10E.       Your Public Safety Committee, to whom was referred a resolution concerning 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 FILING.

Committee:      Matthew C. Dominello, Chairperson, Anthony D. Tomassetti, Vice-Chair, Michael S. Rohde, Keith Gordon and Joseph Ferrigno Feest.

Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt.  Motion carried unanimously.

Item 10F.       Your Public Safety Committee, to whom was referred a letter to Mayor Benigni re:  Invasive Lighting (pole #4xx7 and xxx7) by 103 Linsley Avenue on 8/20/01, report that they have attended to the matter and recommend ADOPTION and the passage of the accompanying order:

Committee:      Matthew C. Dominello, Chairperson, Anthony D. Tomassetti, Vice-Chair, Michael S. Rohde, Keith Gordon and Joseph Ferrigno Feest.

Be It Ordered, that this item be approved as recommended by staff; the fixtures be changed to full cutoff fixtures.

Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt.  Motion carried unanimously.

Item 10G.       Your Public Safety Committee, to whom was referred the resolution concerning City staff to look at Bradley Avenue to have “No Commercial Vehicles” going through the area on 1/22/02, report that they have attended to the matter and recommend DENIAL and the passage of the accompanying order:

Committee:      Matthew C. Dominello, Chairperson, Anthony D. Tomassetti, Vice-Chair, Michael S. Rohde, Keith Gordon and Joseph Ferrigno Feest.
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Be It Further Ordered, that this item be denied as recommended by staff because Bradley Avenue already has a “No Through Truck” zone from West Main Street.

Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt.  Motion carried unanimously.

Item 10H.       Your Public Safety Committee, to whom was referred the resolution concerning an amendment to GPIB #55 – “Police Cruisers (12) @ $38,500 each, including laptop computers with modem, video cameras and accessories - $462,000” on 2/4/02, report that they have attended to the matter and recommend ADOPTION.

Committee:      Matthew C. Dominello, Chairman, Anthony D. Tomassetti, Vice-Chair, Michael S. Rohde, Keith Gordon and Joseph Ferrigno Feest.

Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt.  Motion carried unanimously.

Item 11A.       Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning renaming the park at Red Bridge “Meriden Lions Club-Red Bridge Memorial Park” on 2/4/02, report that they have attended to the matter and recommend the following:

Committee:      Michael S. Rohde, Chairman, Joseph Galotti, Vice-Chair, Brian Kogut, George McGoldrick and Walter Shamock.

Be It Resolved, that the park be named “Meriden Lion’s Club Park”; and

Be It Further Ordered, that the resolution be adopted as amended.

Michael Rohde, made a motion, seconded by Walter Shamock, to adopt.  Motion carried unanimously.

Item 11B.       Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning America in Bloom Program on 2/4/02, report that they have attended to the matter and recommend the following:

Committee:      Michael S. Rohde, Chairman, Joseph Galotti, Vice-Chair, Brian Kogut, George McGoldrick and Walter Shamock.

Be It Resolved, that the above program be approved and funded for $800; and

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Be It Further Resolved, that the source of funding be determined by the Finance Committee.

Michael Rohde, made a motion, seconded by George McGoldrick, to adopt and refer to Finance.  Motion carried unanimously.

Item 11C.       Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning disregard of pet ordinances at Giuffrida Park on 2/4/02, report that they have attended to the matter and recommend the following:

Committee:      Michael S. Rohde, Chairman, Joseph Galotti, Vice-Chair, Brian Kogut, George McGoldrick and Walter Shamock.

Be It Ordered, that this be referred to the Public Safety Committee for recommendations as to how to address enforcement of existing ordinance – Section 105-10 of City Code.

Michael Rohde, made a motion, seconded by Walter Shamock, to adopt and refer to Public Safety.  Motion carried unanimously.

Item 11D.       Your Public Works and Parks & Recreation Committee, to whom was referred a Public Safety Committee Report concerning intersection of Windingbrook Lane and Baldwin Avenue on 9/4/01 report that they have attended to the matter and recommend the following:

Committee:      Michael S. Rohde, Chairman, Joseph Galotti, Vice-Chair, Brian Kogut, George McGoldrick and Walter Shamock.

Be It Ordered, that the staff be instructed to put money in this year’s CIP for design and that a portion of the construction be funded in the 2003-2004 CIP.

Michael Rohde, made a motion, seconded by Walter Shamock, to adopt.  Motion carried unanimously.

Item 11E.       Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning Lincoln Middle School Project on 2/4/02, report that they have attended to the matter and recommend REFERRAL BACK TO FINANCE.

Committee:      Michael S. Rohde, Chairman, Joseph Galotti, Vice-Chair, Brian Kogut, George McGoldrick and Walter Shamock.


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Michael Rohde, made a motion, seconded by Walter Shamock, to adopt.  Motion carried unanimously.

Item 12.        Your Human Services Committee, to whom was referred the resolution concerning Americorps Program on 2/4/02, report that they have attended to the matter and recommend ADOPTION.

Committee:      Patricia D. Lynes, Chairperson, Matthew C. Dominello, Sr., Anthony D. Tomassetti and Rob Clermont.

Patricia Lynes, made a motion, seconded by Matthew Dominello, to adopt.  Motion carried unanimously.

Item 13.        No report from Economic Development, Housing & Zoning.

Item 14.        No report from Committee of the Whole.

There being no further business to be brought before the Council, Matthew Dominello, made a motion, seconded by Patricia Lynes, to adjourn.  Motion carried unanimously.
The meeting adjourned at 7:35 p.m.

                                                        Lori N. Canney
                                                        Clerk of the City Council



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