City of Meriden, CT - Minutes of May 6, 2002

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The Meriden City Council’s regular meeting of May 6, 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, Keith Gordon, Brian Kogut, George McGoldrick, Michael Rohde, Walter Shamock, Anthony Tomassetti and Stephen Zerio.

Councilor Lynes arrived at 7:05 p.m.

OTHER IN ATTENDANCE: Lawrence J. Kendzior, Corporation Counsel, Roger L. Kemp, City Manager and Edward Murphy, Director of Finance.

Stephen Zerio, made a motion, seconded by Keith Gordon, to invoke Rule 20 to bring forth a Consent Calendar and to approve the minutes of April 15, 2002 and to adopt the Consent Calendar as previously prepared. Motion carried unanimously.

CONSENT CALENDAR

Item 1. Presented by Matthew C. Dominello, Sr. and Anthony D. Tomassetti.

Whereas, the State reimburses Police Departments for funds confiscated in narcotics enforcement operations within their boundaries; and

Whereas, the Chief of Police wishes to use some of these funds for narcotics undercover operations and to purchase a Laser Strobe Light; and

Whereas, the Chief of Police wishes $7,500 for undercover operations and $4,000 to purchase a Laser Strobe Light; and

Whereas, the funds for undercover operations are needed for investigative purposes, and the Laser Strobe Light will give the Police Department another non-lethal weapon for enforcement purposes; now, therefore,

Be It Resolved, that the amount of $11,500 is hereby made available from the City’s Narcotic Asset Forfeiture Account for the above two items.

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Item 2. Presented by Mark Benigni, by request.

Whereas, the State of Connecticut Department of Social Services has informed the City of Meriden it is eligible to receive $1,040.00 for summer youth transportation services; and

Whereas, in order to more effectively coordinate all local summer youth programs with these transportation services, contracting with the Women and Families Center for program operation will be beneficial; now, therefore,

Be It Resolved, by the City Council that the City Manager, Roger L. Kemp is hereby empowered to enter into and amend contractual instruments in the name and on behalf of the City of Meriden with the Department of Social Services of the State of Connecticut for a Summer Transportation Program (080-BUS 14) and to affix the corporate seal; and

Be It Further Resolved, that the City Manager is authorized to enter into a contract with the Women and Families Center for the implementation of said program.

Item 3. Presented by Matthew C. Dominello, Sr.

Whereas, the City Council previously approved the Lincoln Middle Expansion Project; and

Whereas, the School Building Committee has recommended that certain properties be acquired in connection with that Project; and

Whereas, the acquisition of these properties is necessary and essential to the construction of the improvements which comprise the Project; and

Whereas, the properties include 6, 14, 20, 26, 34 and 38 Dove Drive, 195 South Vine Street, and a vacant lot located in the rear of 38 Dove Drive; and

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Whereas, at the direction of the City Council, the City Manager has acquired real estate appraisals and has negotiated an agreed-upon purchase price with the owners of those properties, except for the property at the rear of 38 Dove Drive, the ownership of which is uncertain; and

Whereas, the owners of those properties may be entitled to reasonable relocation and other expenses as provided by law; and

Whereas, approximately three-quarters of the expenses related to the acquisition of these properties will be reimbursed by the State of Connecticut; and

Whereas, a project budget has bee prepared that includes acquisition costs, reasonable relocation expenses, and other miscellaneous costs; now, therefore,

Be It Resolved, that the City acquire the properties located at 6, 14, 20, 26, 34, 38 Dove Drive, 195 South Vine Street, and the rear of 38 Dove Drive, by agreement, or in lieu thereof by eminent domain; and

Be It Further Resolved, that the sum of $1,107,700 is hereby approved for acquisition of these eight (8) properties, including reasonable relocation expenses, and other expenses related to the acquisition of these properties; and

Be It Further Resolved, that the Corporation Counsel is hereby directed to prepare the necessary documents for the City to acquire title to these properties; and

Be It Further Resolved, that the City Manager is hereby authorized to execute these legal documents on behalf of the City; and

Be It Further Resolved, that the Corporation Counsel is authorized to use eminent domain proceedings, if necessary, for the acquisition of these properties.

Referred to Finance.

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Item 4. Presented by Stephen T. Zerio.

Whereas, the City wishes to expand its tax base and attract investment from both existing and new companies; and

Whereas, an Information Technology Zone Program has been designed for this purpose; and

Whereas, under this program, property owners would receive incentives from investments in technology and communications equipment, including building improvements; and

Whereas, this economic development incentive program provides tax rebates for new investments and is limited to a five-year (5) period; now, therefore,

Be It Resolved, that the attached Information Technology Zone Program is hereby approved; and

Be It Further Resolved, that the City Manager is hereby authorized to implement this program and to award those real and personal property tax rebates approved by the City Council under this program; and

Be It Further Resolved, that this program will be monitored and reviewed by the City Manager who will prepare a status report on this program one year from the date of its approval.

Information Technology Zone Program

Procedural Guidelines

DESCRIPTION OF THE ITZ PROGRAM

The City of Meriden (hereinafter the “City”) has implemented a program that provides tax abatements and other benefits (hereinafter “ITZ Benefits”) to certain eligible businesses that undertake certain eligible projects which result in an economic benefit to the City. The ITZ Benefits are authorized pursuant to Connecticut Public Act No. 97-235 and an amendment, LCO No. 5113, sponsored by Senator Stephen Somma and enacted by the Connecticut General Assembly in 1998 (hereinafter the “Statutes”). The ITZ Benefits serve as an inducement for existing businesses and start-up companies that are, or will be located in, relocate to, or expand primarily in the Information Technology Zone (hereinafter “Zone” or “ITZ”). The Zone is located in the City’s central core area (Exhibit A). The commercial and industrial properties

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within the ITZ are eligible to participate in this program. As a matter of policy, the City encourages economic development in the ITZ as defined above.

PROGRAM REQUIREMENTS AND BENEFITS

Program Requirements – An applicant for ITZ Benefits (hereinafter the “Applicant”)

must meet the following requirements in order to apply and be considered for ITZ Benefits:

the proposed use for the property must be an “Information Technology Business” (hereinafter “Business”), as described below;

the Business should physically occupy commercial space within the Zone;

the Applicant must be qualified to conduct business in the City and the State of Connecticut; the Applicant and its principals must receive a favorable tax clearance report from the City’s Delinquent Tax Collector. A favorable tax clearance report is one which indicates no real estate taxes, water or sewer charges, motor vehicle taxes or other monies due the City are past due;

the Applicant must be able to conduct its Information Technology Business under the Zoning classification for the property it intends to occupy; and

the Applicant must in nature and extent, as determined by the sole discretion of the ITZ Administrator and the City Council, as defined below, create and retain jobs, and/or create information technology facilities or infrastructure which contribute to the benefit of the Zone and its occupants and/or make a significant contribution to an economic climate consistent with the City’s overall ITZ Plan.

A “Business” is an enterprise that is determined, in the sole discretion of the ITZ Administrator and the City Council of Meriden (hereinafter the “Council”), to use in principal/part, voice data, video or other electronic transmission media to conduct its business. Examples of such businesses include but are not limited to the following:

1. Software developers;

Telemarketing firms;

On-line mortgage service centers;

Transaction processing companies for credit/debit cards, such as banks and other financial institutions;

Medical video conferencing operations;

Distance learning centers, training centers and educational conferencing operations;

Switching centers, data centers;

On-line retail providers/centers;

Research and development firms, i.e. third party software houses;

Retail establishments that assemble computer systems for domestic and commercial purposes (computer software and printer retail operations);

Communication service providers within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Corporate data processing services/center;

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Direct mail advertising services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Catalog and mail order houses within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Computer photography/portrait operations within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Office machine rental and leasing operations (except computers) within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Computer programming services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Other prepackaged software designers/developers within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Computer integrated systems designers within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Other computer processing, data preparation and processing services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Computer facilities management services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Information retrieval services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Other computer rental/leasing services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Computer maintenance/repair services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Computer consultants and disk/diskette recertification services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Intercommunications equipment repair services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Other office machine repair services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

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Data processing schools within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded;

Computer facilities management services within appropriate information technology classifications under the Standard Industrial Classification Codes as amended or succeeded.

B. Program Benefits

Applicants who are approved by the ITZ Administrator and the Council, and which enter into written agreements with the City, acting by and through the City Manager or his designated representative (hereinafter the “ITZ Administrator”), shall be entitled to the ITZ Benefits provided by the Statutes as applicable (hereinafter “Qualified ITZZ Occupants”). In no manner shall this initiative displace or otherwise preempt any other inducement or incentive available to Qualified ITZ Occupants under any federal, state or local law, regulation or program.

Pursuant to the Statutes, ITZ Benefits may include abatements for personal property taxes and real estate taxes. Abatements for personal property taxes shall be in the amount of: 100%-year 1; 100%-year 2; 80%-year 3; 80%-year 4; and 50%-year 5 and each year that Applicant leases real property in the Zone and conducts an approved Business thereon. In the event that the Applicant purchases real estate in the Zone, applicant may apply for information technology personal property tax abatements for such period of time as an approved Business is conducted thereon. Said abatements shall apply to certain eligible personal property including new or used equipment acquired or leased by the Business and which will be new to the City’s Grand List. This equipment shall be identified on the Declaration of Personal Property form when the Business formally applies for ITZ Benefits.

Abatements are also available for real property taxes. The abatements will apply to increases in assessments as a result of physical work/improvements done for the space in question. This physical work may include code improvements, general rehabilitation, or new construction. The abatements as defined by the Statutes at the time of application, as shown above, may range from one to five years and shall be based on cost of improvements ranging from $250,000.00 to $5,000,000.00.

Businesses may only apply once every five (5) years. If a business receiving a rebate leaves within the rebate period (5 years), the amount of the rebate received must be returned to the City.

The City Council, from time to time, may modify this schedule based on extenuating circumstances.

APPLICATION PROCESS

First, the ITZ Administrator and the Applicant will meet to determine, among other things, the scope of the project, to obtain all pertinent information, and to fully explain the ITZ Benefits and the application process to the Applicant. A “Program Informational Brochure” will be provided to the Applicant and “Acknowledgement Receipt” in the form will then be executed and dated by the Applicant and submitted to the ITZ Administrator. The Applicant shall provide the ITZ

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Administrator with documentation indicating the proposed project’s location. Upon receipt of such documentation the ITZ Administrator shall complete a “Location Eligibility Certificate” in the form.

Following the completion of the “Location Eligibility Certificate”, the ITZ Administrator will review with the City’s Zoning Code Enforcement Officer and the City Planner; the Applicant’s proposed use of the property. These officials will convey a preliminary opinion of whether the proposed use is allowed as a permitted use under the zoning classification for the location under consideration for the project. If the proposed project appears qualified for ITZ Benefits and conforms to the Zoning Regulations, then the ITZ Administrator will forward the preliminary application documents, including the preliminary ITZ Application and other supporting paperwork to the City Clerk, for placement on the agenda for the next Council meeting. The Council will review the documentation and render on an expeditious basis, a preliminary, conditional approval. If the proposed project does not appear to qualify for ITZ Benefits, then the ITZ Administrator will explain to the business why it does not. If requested by the Applicant, the ITZ Administrator will submit a written explanation.

Upon receiving preliminary, conditional approval from the Council, the Applicant will then execute a lease or acquire the property, and undertake the proposed project. The “Location Eligibility Certificate” bearing the name and address of the business shall be presented to the Building Official PRIOR to the issuance of the building permit. The applicant then must file its preliminary application with the ITZ Administrator prior to applying for a Building Permit for any projects involving renovation or expansion of an existing facility, or construction of a new facility.

At the time of the issuance of the permit, it shall be coded and logged accordingly at the Building Official’s Office. The Building Official will note and include permits issued within the Zone on its monthly report. Simultaneously with issuance of the letter of conditional approval the ITZ Administrator may also issue the remainder of application forms to the business. They comprise the formal application and include but are not limited to the following:

ITZ Tax Deferral Application;

Declaration of Personal Property; and

Declaration of Future Personal Property Acquisitions.

The ITZ Administrator will maintain contact with the Applicant throughout the project’s construction. The Applicant must obtain a “Certificate of Occupancy” from the City’s Building Official upon completion of the project. The issuance of said certificate shall enable the Applicant to file the formal application with the ITZ Administrator. The Applicant must provide proof of a Building Permit and, subsequently a Certificate of Occupancy from the City’s Building Official to the ITZ Administrator. Without these two documents, the final, formal application cannot be processed.

The Applicant will prepare the required forms with the ITZ Administrator’s guidance, if needed. All receipts for the cost of materials purchased and/or the cost of services for improvements to

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real property must be submitted by the Applicant and accompany the ITZ Tax Deferral Application. The ITZ Administrator will not recognize canceled checks as a substitute for actual receipts.

The completed “Declaration of Personal Property” shall list items of personal property that would be new to the City’s Grand List, which may qualify for ITZ Benefits. The ITZ Benefits to be conferred shall conform to the schedule set forth in the Statutes. Once the Business has commenced operations, the Applicant must obtain a Certificate of Compliance from the City’s Zoning Code Enforcement Officer for the new location.

If the Applicant satisfactorily meets all eligibility requirements of the ITZ program, properly completes the required application forms and provides the required supplementary documentation, the ITZ Administrator will forward the formal application package to the City Clerk for placement on the agenda for the next Council meeting. A recommendation from the ITZ Administrator as to whether or not ITZ Benefits should be awarded to the Business will accompany each formal application to the Council for its consideration. Formal approval must be granted by the Council prior to October 1 of each year in order for the abatement period to commence on October 1 of the Grand List year. If a project is initiated but the Applicant fails to either complete the project, obtain a Certificate of Use and Occupancy and a Certificate of Compliance before the last Council meeting prior to October 1, then the Applicant must wait until October 1 the following year before the Benefits commence.

The Applicant will be informed in writing of the Council’s decision to award the Benefits. If the project is approved, a certificate number will be assigned to the project by the ITZ Administrator and will be specified in the notification letter. All future correspondence between the Applicant and the ITZ Administrator relating to the project must refer to said certificate number. After formal Council approval of the project is obtained, the ITZ Administrator will forward copies of all pertinent documents and information to the City’s Tax Assessor. Subsequently, the ITZ Administrator will obtain copies of the assessment cards for real and/or personal property after they are prepared/revised by the Assessor, to illustrate increases in assessed value as appropriate. They will be part of the file for each project.

When new jobs are expected to be created by these investments, the company receiving the benefits agrees to attempt to fill one-half of all new jobs with Meriden residents.

ANNUAL RECERTIFICATION

Qualified ITZ Occupants who receive ITZ Benefits must recertify their eligibility annually with the City’s Tax Assessor. No later than August 1st of each year the ITZ Administrator will provide the business with an “Annual Re-Certification Form”. Said form will contain questions that address whether the Business is operating in the same manner and at the same space/location for which the project was originally certified. All information should be matched with the information in the original application/file, and approved by the ITZ Administrator in his/her sole discretion prior to being forwarded to the City Assessor. The “Annual Re-Certification Form” must be signed by the Business and notarized. The ITZ Administrator will retain a copy and

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forward the originally executed form to the City Assessor. The Applicant must receive approval from the Council for a continuation of benefits by October 1st.

For further information and/or to receive a full copy of the Procedural Guidelines, please contact the Economic Development Department at City Hall, 142 East Main Street, Meriden, CT. 06450 or call the Economic Development Department at 203-630-4151.

Referred to Economic Development, Housing & Zoning and Finance.

Item 5. Presented by Matthew C. Dominello, Sr.

Whereas, the Police Department from time to time requires the use of premises other than at the Police Department for investigation purposes; and

Whereas, the Police Department has grant funds available for such purpose, now, therefore,

Be It Resolved, approval is given to the City Manager to execute leases of property and such other documents as may be necessary for such purposes as may be recommended by the Chief of Police from time to time, provided that funds are available for the payments required by such lease and further provided that the City Attorney approves the form of any such lease; and

Be It Further Resolved, that the entire cost of this lease will be paid with grant funds, and the lease will be terminated if grant funds are terminated.

Item 6. Presented by Michael S. Rohde, by request.

Whereas, the City of Meriden is under orders from the State of Connecticut, Department of Environmental Protection, to replace the Dam located at Hanover Pond; and

Whereas, the City is subject to a substantial financial penalty if this order is not complied with; and

Whereas, the City has agreed to replace this dam; and

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Whereas, the City, with cooperation from the State of Connecticut, has completed the necessary design work for a new dam; and

Whereas, it is the intent of the City to begin construction of this project in the summer of 2002; and

Whereas, the unavailability of property located at 9 Cutlery Avenue, which is essential to provide access for construction/maintenance of the dam, will prevent the start of construction during this time period; and

Whereas, a lengthy delay will increase the cost of this project due to inflation, and may also cause financial penalties to be placed upon the City by the State; now, therefore,

Be It Resolved, that the property located at 9 Cutlery Avenue, South Meriden, be acquired for the purpose of construction and maintenance of the Hanover Pond Dam through a condemnation action; and

Be It Further Resolved, that the Mayor and City Council endorse such action in an expeditious manner.

Referred to Finance and Economic Development, Housing & Zoning.

Item 7. Presented by Anthony D. Tomassetti, Walter Shamock, Joseph Ferrigno Feest, Keith Gordon.

Whereas, the City through the Board of Education and the School Building Committee is about to begin the process of building a new Lincoln Middle School; and

Whereas, cost overruns on the Lincoln Middle School Project would have a significant negative impact on the financial stability of the City and would cause excessive burden on the taxpayers; now, therefore,

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Be It Resolved, that the City will not pay for any cost overruns related to the Lincoln Middle School Project unless the City Council pre-approves that cost; and

Be It Further Resolved, that all contracts entered into by the Board of Education, the School Building Committee, or the City related to the Lincoln Middle School Project shall contain specific provisions to that effect.

Referred to Finance.

Item 8. Presented by Michael S. Rohde, by request.

Resolved, that Roger L. Kemp, City Manager, be, and is hereby authorized to sign the agreement entitled:

“Agreement Between the State of Connecticut and the City of Meriden for the Construction, Inspection, and Maintenance of the Realignment of Britannia Street utilizing Federal Funds under the Urban Component of the Surface Transportation Program”.

Adopted by the ______________________of the_________________,

Connecticut, this _____________day of ________, 200_.

____________________________

Item 9. Presented by Patricia D. Lynes, by request.

Whereas, the State of Connecticut, Department of Public Health, desires to maintain a preventive health and health services block grant award in an amount not to exceed $11,542 for the period effective 7/1/02 through 6/30/03; and

Whereas, the City of Meriden, Department of Human Services, Division of Health, desires to conduct a program to decrease the risk of premature death and disability from

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heart disease, stroke and certain cancers by reducing the risk factors of smoking for these; and

Whereas, this is a renewal grant that has received funding since 1983; and

Whereas, the receipt of this grant has no financial impact in the city’s general fund; now, therefore,

Be It Resolved, that Beth Vumbaco, RN, MS, Director of Health and Human Services is hereby authorized to execute a contract on behalf of the City of Meriden, Department of Human Services, Division of Health in accordance with the aforesaid project. Beth Vumbaco, RN, MS, Director of Health/Human Services shall process and submit all of the documents required that are relative to this contract.

Item 10. Presented by Stephen T. Zerio.

Whereas, the City has acquired certain properties through foreclosure; and

Whereas, certain of these properties are located at 57 Orchard Street and 58 Orchard Street; and

Whereas, these properties should be sold at fair market value as determined by two opinions of value; and

Whereas, the City’s Economic Development Task Force is responsible for disposing of such properties; now, therefore,

Be It Resolved, that the aforementioned properties are hereby declared surplus and may be disposed of by said Task Force.

Referred to Economic Development, Housing & Zoning and Planning.

Item 11. Presented by Mark Benigni, by request.

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Whereas, the City of Meriden must have a safe place to store its voting machines between election cycles; and

Whereas, this space should be secure, have easy ingress and egress, and be readily accessible to our Registrar of Voters; and

Whereas, space is available at 10 Cooper Street, and this space has been reviewed and approved by both Registrar of Voters; and

Whereas, it is in the best interest of the City and its taxpayers to store these voting machines at this location; now, therefore,

Be It Resolved, that the Corporation Counsel be authorized to prepare a one-year lease on this storage space for $600 per month; and

Be It Further Resolved, that the City Manager be authorized to execute this lease agreement on behalf of the City.

Item 12. Presented by Stephen T. Zerio and George McGoldrick.

Whereas, the City Council recently revised the City’s MAP Loan Program to include payments for selected items, such as moving expenses, not to exceed $15,000; and

Whereas, this new provision was only applicable to new companies moving into the City of Meriden; and

Whereas, EnviroMed Services, Inc. has relocated to the City of Meriden and has submitted the necessary documentation to seek reimbursement for moving expenses in an amount not to exceed $15,000; now, therefore,

Be It Resolved, that the City Manager is hereby authorized to reimburse EnviroMed Services, Inc., the amount of $15,000; and

Be It Further Resolved, that the source of these funds is the City’s Manufacturing Assistance Program loan funds.

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Item 13. Presented by Brian Kogut, by request.

Whereas, there is a street light on Pole #6052 and #6057 Elmwood Drive; and

Whereas, there are four other poles in between these two poles; now, therefore,

Be It Resolved, that a street light be placed on either Pole #6053, 6054, 6055 or 6056 Elmwood Drive.

Referred to Public Safety.

Item 14. Presented by Robert Clermont and Keith Gordon, by request.

Be It Resolved, that a street light be installed on pole in front of 76 New Cheshire Road.

Referred to Public Safety.

Item 15. Presented by Stephen T. Zerio, by request.

Be It Resolved, that an appropriation not to exceed $2100 be made to reimburse Ed Walsh Little League for reimbursement for the purchase of topsoil & infield mix.

Item 16. Presented by Matthew C. Dominello, Sr. and Anthony D. Tomassetti.

Whereas, the State of Connecticut Office of Police and Management has informed the City it is eligible for one time funding up to $12,000.00 under the Juvenile Justice Advisory Committee for the twelve month period of July 1, 2001 to June 30, 2002. The funding will be used for Police Working with Youth in Nonenforcement Roles Program; and

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Whereas, it is in the City’s interest to utilize these funds to allow our police officers to interact with our city youths in a positive way instead of crisis situations. The goal of this program is to promote positive youth development with the police; now, therefore,

Be It Resolved, by the City Council that the City Manager, Roger Kemp, is hereby authorized to submit a Police Working with Youth in Nonenforcement Roles Program Grant application in the amount of $12,000.00; and

Be It Further Resolved, that the City Manager, Roger Kemp, is authorized to execute a grant contract for same, if such is offered.

Police Working with Youths in Non-Enforcement Roles Program

Police Overtime:

275 hours x $43.58 = $11,984.50

275 hours divided by four hours minimum by the Police union contract will allow the police to work sixty-eight nights at the Boy’s and Girl’s Club and YMCA teen nights to interact with the youths. The Teen Nights are held on Friday and Saturday.

Item 17. Presented by Brian F. Kogut, by request.