City of Meriden, CT - December 2, 2002 City Council Minutes

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

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

Stephen Zerio, made a motion, seconded by Patricia Lynes, to bring forth a Consent Calendar and to approve the minutes of November 18, 2002 and to adopt the Consent Calendar as previously prepared. Motion carried unanimously.

Item 1. Petition with 12 signatures requesting that Elmhurst Avenue be accepted as a City Street was referred to Public Works and Parks & Recreation and Planning.

Whereas, the City of Meriden is a member of the Tunxis Recycling Operating Committee (TROC) for the purposes of recycling; and

Whereas, under present agreements a specific recycling facility operator is designated for processing recyclables; and

Whereas, in the event the present recycling facility operator was unable to fulfill its obligations for the acceptance and processing of TROC member community recyclables, a Recyclables Division Agreement will allow the TROC to identify, designate and/or contract with a temporary facility operator and/or site to handle the recylcables; now, therefore,

Be It Resolved, by the City Council that Roger L. Kemp, City Manager, is hereby authorized to execute the attached Recyclables Diversion Agreement between the City of Meriden and the TROC.

This AGREEMENT, dated ________________ _____, 2002, by and between TUNXIS RECYCLING OPERATING COMMITTEE (TROC), a public instrumentality and political subdivision of the State of Connecticut, and the CITY OF MERIDEN, a public instrumentality and political subdivision of the State of Connecticut;

A. The City is a contracting Community to the Inter-Community Agreement, dated as of August 3, 1990; where it and twelve other Communities formed TROC to administer a regional recycling program and provide services relating to the program;

B. Pursuant to the Inter-Community Agreement TROC entered into a contract, dated December 17, 1990, with Automated Container Recovery, Inc. (ACRI), which contract was amended effective July 26, 2000, by a Second Amended Contract, by and between TROC, and Waste Management, Inc. owner of subsidiary ACRI;

C. In the event circumstances, events, or conditions might occur that ACRI is unable or cannot process and/or dispose of all Recyclables from Contracting Communities and/or Participating Municipalities, the Communities desire to have in place alternative disposal sites or facilities available to accept and process Recylcables;

Meriden agrees to divert its Recyclables pursuant to the terms and conditions set forth herein; and

G. TROC and Meriden have set forth herein their agreement with respect to the diversion of Recyclable.

NOW, THEREFORE, in consideration of the premises and of the mutual obligations undertaken herein, the parties, intending to be legally bound, hereby agree as follows:

In the reasonable judgment of the TROC, upon the need to divert Recyclables originating from the City of Meriden from ACRI’s Intermediate Processing Facility (IPC), the TROC shall give notice by telephone to the appropriate City official responsible for the supervision of the City'’ municipal recycling program.

Notice shall be given to the City not less than 48 hours prior to the time diversion of Recyclables is required. The notice shall specify the date and time that diversion shall commence, the expected length of time diversion will be required, and the disposal site, transfer station, or facility where the Recyclables shall be delivered. The TROC shall confirm the telephone notice by faxing the same information to the official within 24 hours after the telephone notice.

Meriden, immediately upon receiving notice from TROC on the need to divert Recyclables shall take all reasonable and necessary steps to divert its Recyclables to the alternate disposal site, transfer station or facility.

Meriden shall pay to TROC the prevailing TROC Member tipping fee at the IPC for diverted Recyclables which TROC shall invoice to the City in the normal course of business as if the Recyclables were accepted at the Facility.

Meriden shall take all reasonable and necessary steps to see that all necessary insurance certificates, licenses and registration forms for its haulers of Recyclables Waste are in place and in effect in order that the Recyclables can be delivered to the alternate site, transfer stations or facility.

TROC shall reimburse the City for any incremental transportation costs incurred by the City resulting from the diversion of Recyclables. Reimbursement shall be made by TROC within 30 days after receipt by TROC of adequate documentation of the incremental transportation costs for the City.

Any Recyclables diverted by the City shall be credited to the City’s minimum tonnage commitment for the Contract Year pursuant to the Contract and Inter-Community Agreement.

Each capitalized term used in this Agreement shall have the meaning given to such term in the Inter-Community Agreement and Contract with ACRI as amended, unless otherwise specified herein.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

Be It Resolved, that an appropriation of $15,000 be made from the Contingency Fund to reimburse Special Events & Celebrations Line Item 001-0214-726 (for expenses incurred from Festival on Main).

Item 6. Letter to City Manager Kemp from David Lohman, Asst. Director Water Operations re: Transfer of funds (Retained Earnings) was referred to Public Works and Parks & Recreation.

Item 7. Bid Waiver from Jeffry Cossette, Deputy Chief of Police for a Dictaphone in the amount of $15,093.00 off of a state bid was filed.

Item 8. Bid Waiver from Meriden Public Schools for the lease of two 2003 Chevrolet Cavalier Sedans with passenger side safety brake for use in Driver’s Education classes was filed.

Item 9. Letter to Matthew Dominello from Mrs. Frommelt of 147 Buckingham Street requesting an additional street light be installed on the street was referred to Public Safety.

Item 10. Claims submitted against the City by Lona Demris, 55 Willow Street, Apt. 807 south, Meriden was referred to Legal and Safety & Risk.

Item 20. Minutes of the Meriden Municipal Pension Board Meeting of November 11, 2002 were filed.

Item 21. Flood Control Implementation Agency Meeting Minutes of October 1, 2002 were filed.

Whereas, the City Council desires to support manufacturers whose operations have had a presence in Meriden for at least five years through a manufacturing/job retention program; and

Whereas, the City Council wishes to provide this support in the form of forgivable, five-year term lease loans to a maximum of $30,000 per company, for fees relating to the closing of State of Connecticut and governmental loan guarantee programs in conjunction with loans made by certified lending institutions for business-related financing needs;

Be It Resolved, that the City provide such loans as described above to manufacturers only after the review and approval of the Meriden Manufacturing Assistance Agency (MMAA) and the City Council; and

Be It Further Resolved, that the current MMAA loan criteria be modified to accommodate this new economic development program.

Whereas, the City Council previously approved $2.0 million in loan funds for the Meriden Manufacturing Assistance Agency (MMAA); and

Whereas, the City Council desires to reallocate $100,000 of these funds for economic development-related studies and technical assistance; and

Whereas, these studies could result in additional companies locating to Meriden and more job opportunities becoming available for the citizens of Meriden; and

Whereas, the City Council desires to reduce the previously-approved loan amount to $1.9 million, and to allocate $100,000 of these funds for studies and technical assistance; and

Whereas, these adjustments will not negatively impact the City Council’s self-imposed bonding ceiling; now, therefore,

Be It Resolved, that the previously approved MMAA loan funds, $2.0 million, be reduced by $1.9 million; and

Be It Further Resolved, that this amount, $100,000 be allocated to fund economic development-related studies and technical assistance; and

Be It Further Resolved, that such economic development-related studies and technical assistance would be approved by the City Council before being undertaken by the City.

In recognition of her being a member of the USA Tap Team that won the World Tap Dance Championship held in Germany

Mayor Benigni invited Jazzmyme Tappin and her family to join him, Deputy Mayor Shamock and Majority Leader Zerio in the ellipse to receive a framed copy of the citation.

In recognition of their being winners in the 2002 Connecticut School Bus Safety Poster Contest

Mayor Benigni invited Elizabeth, Boniewicz, Jessica Dingle and Leah Ryan and their families to join him, Deputy Mayor Shamock and Majority Leader Zerio in the ellipse to receive a framed copy of the citation. Luis Lopez was unable to attend and his citation would be delivered to him.

Whereas, the City Council previously approved the purchase of 9 Cutlery Avenue, South Meriden, for the Hanover Pond Dam Project; and

Whereas, the owner had his own appraisal completed, which placed a value of $41,000 on this property, which the State has agreed to pay; and

Whereas, the owner has requested the reservation of an easement for utility purposes across this property to the adjoining lot, which also is owned by him, and said easement will not interfere with the purposes of the project for which the property is being acquired; now, therefore,

Be It Resolved, that the property at 9 Cutlery Avenue be purchased for $41,000, subject to the easement described above, and that the City Manager and City Manager be authorized to execute any documents attendant thereto.

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

Item 11A. Your Finance Committee to whom was referred the resolution concerning a lease agreement for Head Start Facility with Easter Seals of Meriden on 11/18/02, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

Committee: Brian F. Kogut, Chairman, Keith Gordon, Vice-Chairman, Stephen T. Zerio, Walter A. Shamock, Joseph F. Galotti, Jr.

Be It Further Ordered, that the Capital Nonrecurring Account referencing the Department of Health and Human Services be changed to read Easter Seals of Meriden.

Before asking for the report to be adopted Brian Kogut made a friendly amendment, “to remove the Be It Further Ordered paragraph”. Hearing no objection from the Committee it was so ordered. Brian Kogut, made a motion, seconded by Stephen Zerio, to adopt as amended. Motion carried unanimously.

Item 11B. Your Finance Committee to whom was referred the resolution concerning Cost of Living Adjustment for all retirees under the Municipal Pension Plan who retired prior to July 1, 1989 a 7% increase to be effective February 1, 2003 on 11/18/02, report that they have attended to the matter and recommend denial.

Committee: Brian F. Kogut, Chairman, Keith Gordon, Vice-Chairman, Stephen T. Zerio, Walter A. Shamock, Joseph F. Galotti, Jr.

Brian Kogut, made a motion, seconded by Walter Shamock, to adopt. Motion carried unanimously.

Item 11C. Your Finance Committee to whom was referred the resolution concerning a job description for Assistant Director of Public Works for the Water Pollution Control Facility on 10/7/02 report that they have attended to the matter and recommends adoption and the passage of the accompanying order:

Committee: Brian F. Kogut, Chairman, Keith Gordon, Vice-Chairman, Stephen T. Zerio, Walter A. Shamock, Joseph F. Galotti, Jr.

Brian Kogut, made a motion, seconded by Stephen Zerio, to adopt. Motion carried unanimously.

Item 11D. Your Finance Committee to whom was referred the resolution concerning a job description for Assistant Collector of Revenue on 11/18/02 report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

Committee: Brian F. Kogut, Chairman, Keith Gordon, Vice-Chairman, Stephen T. Zerio, Walter A. Shamock, Joseph F. Galotti, Jr.

Brian Kogut, made a motion, seconded by Stephen Zerio, to adopt. Motion carried unanimously.

Item 11E. Your Finance Committee to whom was referred the resolution concerning City employees that serve in the military on 11/18/02, report that they have attended to the matter and recommend adoption.

Committee: Brian F. Kogut, Chairman, Keith Gordon, Vice-Chairman, Stephen T. Zerio, Walter A. Shamock, Joseph R. Galotti, Jr.

Brian Kogut, made a motion, seconded by Walter Shamock, to adopt. Motion carried unanimously.

Item 11F. Your Finance and Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning Golf Course Rates for Fiscal Year 2003-2004 on 11/18/02, report that they have attended to the matter and recommend adoption.

Finance Committee: Brian F. Kogut, Chairman, Keith Gordon, Vice-Chairman, Stephen T. Zerio, Walter A. Shamock, Joseph R. Galotti, Jr.

Public Works and Parks & Recreation Committee: Michael S. Rohde, Chairman, Joseph Galotti, Vice-Chairman, Brian Kogut, Walter Shamock, George McGoldrick.

Michael Rohde, made a motion, seconded by Brian Kogut, to adopt. Motion carried unanimously.

Whereas, the City Council adopted a resolution on July 6, 1998 that a “safety net” should be constructed at Ceppa Field to insure the safety and tranquility of abutting property owners on the east side of the field; and

Whereas, no appropriation was made at that time for construction or purchase of same; now, therefore,

Be It Resolved, that an appropriation not to exceed $5,000 be made to construct/purchase the safety net; and

Stephen Zerio, made a motion, seconded by Brian Kogut, to refer to the Public Works and Parks & Recreation Committee. After much discussion, Walter Shamock made a motion, seconded by Joseph Galotti, to move the question. Motion carried unanimously. Vote taken on base motion to refer to Public Works and Parks & Recreation Committee and carried. Councilor Clermont voted Nay.

There being no other business to be brought before the Council, Stephen Zerio, made a motion, seconded by Brian Kogut, to adjourn. Motion carried unanimously. The meeting adjourned at 7:38 p.m.