City of Meriden, CT - August 5, 2002 minutes

The Meriden City Council’s regular meeting of August 5, 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, Patricia Lynes, George McGoldrick, Michael Rohde, Walter Shamock and Stephen Zerio.

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

Whereas, NOW provides the Summer Basketball Program to Middle and High School age children in our community at Maloney High School; and

Whereas, NOW has been assessed a fee from the Board of Education for usage of their facility and Building Supervisor for this purpose; now, therefore,

Be It Resolved, that the amount of $3,710 is hereby made available from the City’s Cultural Diversity Fund (001,0214,751) to pay the Board of Education fee; and

Be It Further Resolved, that the City Manager be authorized to make this payment on behalf of NOW, Inc.

Be It Resolved that a traffic study be done on River Road by Red Bridge for possible installation of stop signs.

Whereas, the insurance cost of $294,975 as proposed in the 2002-2003 budget were based on last year’s cost plus an additional estimated increase; and

Whereas, the difference between the budgeted amount and actual cost would result in a shortage of $42,193 in this account; now, therefore,

Be It Resolved, that at the regularly scheduled July 16, 2002 Public Utilities Commission meeting the Commissioners unanimously voted to fund the $42,193 shortage from Retained Earnings.

Whereas, the Board of Education desired additional funding for priority educational program improvements; and

Whereas, the Finance Committee desired to fund these programs in the amount of $475,000 should additional funds become available; and

Whereas, the Board of Education has created a fund balance for the past fiscal year in the amount of $500,000; and

Whereas, the Finance Committee recommended that the City Council grant an additional $475,000 to the Board of Education to fund these projects; now, therefore,

Be It Resolved, that the amount of $475,000 is hereby made available to the Board of Education from the unappropriated balance of the State Education ECS Grant (Revenue Source 670); and

Be It Further Resolved, that these funds be spent for priority education program improvements during FY 2002-2003.

Whereas, a letter has been received by the Mayor’s office requesting that Runge Drive be accepted as a City Street; now, therefore,

Be It Resolved, that a traffic study be done in the area of Park Avenue and Center Street for possible traffic signal installation.

Item 9. Bid Waiver from Golf Department to purchase a Toro Groundsmaster with deluxe seat from TurfProducts Corp. under a state contract as this vendor is the only authorized distributor for this commercial line in the tri-state area was filed.

Item 11. Bid Waiver from Jeffry Cossette, Deputy Chief of Police for CDPD Airtime for Verizon Wireless using State Bid Contract was filed.

Item 12. Letter to City Manager Kemp from Walter Micowski, North Meriden Neighborhood Association asked that Hicks Street be paved was referred to Public Works and Parks & Recreation.

Item 13. Claims submitted against the City by Fernando Parete, 18 Harness Drive, Meriden; Brian Dirisi for Wuterich Vending, 102 Cambridge Street, Meriden; Genevieve Katuzney, 52 Horton Avenue, Meriden; Susan and Edward Levey, 30 Maple Avenue Extension, Meriden; Mike Rys, 11 South Third Street, Meriden were referred to Legal and Safety & Risk.

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, 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 the City Council endorse such action in an expeditious manner.

Whereas, Advance Liquid Recycling is an equipment rental company with its corporate headquarters located in Meriden; and

Whereas, Advance Liquid Recycling has contested the Assessor’s determination of its taxable personal property for the tax years 1994-2000; and

Whereas, the Assessor has reviewed information submitted by Advanced Liquid Recycling and amended its personal property assessments for those years, so that all personal property located in the State of Connecticut and not assessed elsewhere will be subject to assessment and taxation in Meriden; and

Whereas, Advanced Liquid Recycling has agreed to file with the Assessor a list of all its personal property located in Connecticut, together with a list of such property appearing on the grand lists of other municipalities, and agrees that all listed property not taxed elsewhere in Connecticut shall be subject to taxation in Meriden in all future tax years;

The sum of $40,715.80 is accepted as payment in full of taxes due as of August, 2002 from Advanced Liquid Recycling for the tax years from 1994-2000.

The City Attorney is authorized to take such actions and execute any documents necessary to effectuate said agreement and to enter into necessary stipulations for judgement in the matter of Advanced Liquid Recycling, Inc. vs. City of Meriden.

Whereas, since it was a stipulation of the Police Chief’s contract that he live in the City so should it be for the Fire Chief; and

Whereas, having the Fire Chief live in the City would result in a faster response time during emergencies; and

Whereas, this is a top administrative position in our community with a generous salary and would benefit to have the Fire Chief live in the City to contribute back to the community by paying personal and property taxes back into the General Fund; now, therefore,

Stephen Zerio, made a motion, seconded by Joseph Galotti, to waive the reading and refer to Public Safety. After some discussion, Joseph Galotti withdrew his second. Keith Gordon seconded the motion, to waive the reading and refer to Public Safety. After much discussion, Stephen Zerio, made a motion, seconded by Keith Gordon, to move the question. Motion carried unanimously. Vote taken on base motion to waive the reading and refer to Public Safety and carried. Councilor Shamock voted Nay.

The vacant building owned by the City of Meriden and located at 33 Locust Street, Meriden, was severely damaged by a fire yesterday morning. Lou Corte, Building Official, has declared that this building is in a dangerous condition and must be demolished immediately.

The Purchasing Department contacted two companies about demolishing this building and about their availability on site. Construction Services indicated that they could be on site with a crane in about one hour. In that this building is in imminent danger of collapse, the Building Department would like to award the demolition to Construction Services. The cost is expected to exceed $10,000.

Therefore, Lou Corte is requesting a bid waiver in order to proceed immediately with the demolition as mandated by the State Basic Building Code, Section 121.1. The cost is expected to exceed $10,000.

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.

Joseph Galotti, made a motion, seconded by Stephen Zerio, to waive the reading and file. Motion carried unanimously.

Item 16A. Your Economic Development, Housing & Zoning Committee, to whom was referred a resolution concerning the City of Meriden enter into an offer and agreement with Yankee Gas Service and City Manager and Corporation Counsel be authorized to execute any and all documents necessary to that purpose on 7/1/02, report that they have attended to the matter and recommend adoption.

Committee: Stephen T. Zerio, Chairperson, George McGoldrick, Vice-Chairman, Patricia D. Lynes, Joseph Ferrigno Feest and Robert Clermont.

Item 16B. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning City of Meriden enter into a lease agreement with AT&T Wireless and that the City Manager and Corporation Counsel be authorized to execute any and all documents necessary to that purpose on 7/1/02, report that they have attended to the matter and recommend adoption.

Committee: Stephen T. Zerio, Chairperson, George McGoldrick, Vice-Chairman, Patricia D. Lynes, Joseph Ferrigno Feest and Robert Clermont.

Item 16C. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning disposition of certain city owned property (57 and 58 Orchard Street) on 5/6/02, report that they have attended to the matter and recommend adoption and the passage of the accompany order:

Committee: Stephen T. Zerio, Chairperson, George McGoldrick, Vice-Chairman, Patricia D. Lynes, Joseph Ferrigno Feest and Robert Clermont.

Be It Further Ordered, that this item be approved as recommended by the Planning Commission with the following conditions:

Item 16D. Your Economic Development, Housing & Zoning Committee, to whom was referred a letter to Mayor Benigni from Jim O’Rourke of the Connection Fund, Inc. re: The City transfer ownership of 54 Cottage Street for a qualified first-time homebuyer on 5/20/02 report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

Committee: Stephen T. Zerio, Chairman, George McGoldrick, Vice-Chairman, Patricia D. Lynes, Joseph Ferrigno Feest and Robert Clermont.

Be It Further Ordered, that this request be approved as recommended by the Planning Commission with the condition that the driveway be constructed, preferably on the southern side of the structure to accommodate off-street parking.

The Mayor asked for a motion to take Item MNO#29 off the agenda. Stephen Zerio, made a motion, seconded by Patricia Lynes, to take Item MNO#29 off the agenda. Motion carried unanimously.

Item MNO29. Presented by Mark D. Benigni, Walter A. Shamock, Matthew C. Dominello, Sr., by request.

Whereas, the City Manager and Joseph F. Carabetta have reached an agreement in principal providing for the payment of $1,850,000 for taxes, water and sewer and other obligations owed by various Carabetta entities as of June 30, 2002, as shown on the attached schedule; and

Whereas, the payment of $1,850,000 exceeds the amount that otherwise would be collected on account of those obligations; and

Whereas, the payment of said amount will settle all outstanding disputes concerning those obligations as of said date, permitting

future taxes and other charges to be made on a current and timely basis, enhancing the financial stability of the City; and

Whereas, Capital Asset Research Corporation, or its designee, has agreed to accept payment as shown on account of certain taxes secured by liens previously assigned to it; and

The sum of $1,850,000 is accepted and allocated as payment as of June 30, 2002 for the obligations identified on the attached schedule shown.

The City Manager, Tax Collector and City Attorney are authorized to take such actions and execute any documents necessary to effectuate said agreement and to enter into necessary stipulations in the adversary proceeding and the pending bankruptcy matters involving Carabetta Enterprises, Inc., Meadow Haven, Inc. and related entities.

The City Manager, Tax Collector and City Attorney are authorized to execute any documents necessary for assignment of liens securing payment of sums owed for real estate taxes by C.R.W. Systems, Inc. on property located at 65 Hicks Avenue in the usual form to Joseph F. Carabetta or his designee.

A special appropriation in the amount of $60,243.89 to pay Robinson & Cole for legal services rendered in connection with the Carabetta bankruptcy matter from January 1998 to date is approved.

¹Unless otherwise noted, if property is listed by address, amount due is for real estate taxes; if property is listed by company name, amount due is for personal property taxes. All amounts are of June 30, 2002. Additional taxes due as of July 1, 2002 are to be paid in ordinary course.

Stephen Zerio, made a motion, seconded by Joseph Galotti, to go into Executive Session to discuss a litigation matter. Motion carried unanimously. The Council went into Executive Session at 7:30 p.m.

Joseph Galotti, made a motion, seconded by Keith Gordon, to come out of Executive Session. Motion carried unanimously. The Council came out of Executive Session at 7:55 p.m.

Stephen Zerio, made a motion, seconded by Joseph Galotti, to waive the reading and adopt. Joseph Ferrigno Feest, made an amendment, seconded by Walter Shamock, that the special appropriation in the amount of $60,243.89 to pay Robinson & Cole for legal services “be prorated between the City of Meriden and the Water and Sewer funds”. Motion carried unanimously. Vote taken on base motion as amended and carried unanimously.

There being no further business to be brought before the Council, Matthew Dominello, made a motion, seconded by Stephen Zerio, to adjourn. Motion carried unanimously. The meeting adjourned at 8:03 p.m.