CITY COUNCIL MINUTES
REGULAR MEETING
MARCH 17, 2003
The Meriden City Council’s regular meeting of March 17, 2003 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 March 3, 2003 and to adopt the Consent Calendar as previously prepared. Motion carried unanimously.
CONSENT CALENDAR
Item 1. Presented by Mark D. Benigni.
Whereas, we envision a healthy Quinnipiac River Watershed; one that will stay healthy for generations to come; one with clean water and functioning wetlands; one in which a diversity of wildlife can flourish; one in which the river system is a place of beauty and vitality that enhances quality of life, education, tourism and recreation; and one in which growth respects this vision and all sectors of our communities participate in caring for the watershed; and
Whereas, we the undersigned, find and declare that:
The Quinnipiac Watershed is a vital natural resource with significant recreational and ecological assets and the potential for greater economic and social benefits;
Protection and restoration of the Watershed’s environmental quality needs communication, cooperation, and planning between local, state, and federal governments, affected businesses, and the public to achieve these goals;
Rivers and watersheds are valuable assets in our landscape that require organized public and private efforts along watershed as well as political boundaries;
The creation of a Quinnipiac River Greenway would help improve river ecology, provide economic benefits, and improve the quality of life in our region;
Now, therefore, Be It Resolved, we, the undersigned, pledge to work together to achieve this vision of a healthy Quinnipiac River Watershed for ourselves and for generations to come and favor the nomination of the Quinnipiac River as one of Connecticut’s officially designated greenways.
Referred to Public Works and Parks & Recreation.
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Item 2. Presented by Brian F. Kogut, by request.
RESOLUTION WITH RESPECT TO THE AUTHORIZATION, ISSUANCE AND SALE OF NOT EXCEEDING $11,000,000 CITY OF MERIDEN GENERAL OBLIGATION REFUNDING BONDS.
BE IT RESOLVED:
Not exceed $11,000,000 General Obligation Refunding Bonds of the City (the “Refunding Bond”), or so much thereof as shall be determined by the City Manager and the Director of Finance as necessary to moderate debt service payments and achieve net present value savings, are hereby authorized to be issued. The Refunding Bonds shall be issued and sold in a negotiated underwriting with such underwriting firm as the City Manager and Director of Finance shall appoint, in such amount, and at such time or times as the City Manager and the Director of Finance shall determine to be most opportune for the City. The Refunding Bonds shall mature on such date or dates and in such amounts as shall be determined by the City Manager and the Director of Finance,
provided that no Refunding Bonds shall mature later than the final maturity date of the last maturity of the refunded bonds to be refunded, and bear interest payable at such rate or rates as shall be determined by the City Manager and the Director of Finance. The Refunding Bonds shall be executed in the name and on behalf of the City by the manual or facsimile signatures of the City Manager and the Treasurer, bear the City seal or a facsimile thereof, and be approved as to their legality by Robinson & Cole LLP, Bond Counsel. The Refunding Bonds shall be general obligations of the City and each of the Refunding Bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and and the interest thereon. The aggregate denominations, form, details, and other
particulars thereof, including the terms of any rights of redemption and redemption prices, the designation of the certifying, paying, registrar and transfer agent, shall be subject to the approval of the City Manager and the Director of Finance. The net proceeds of the sale of the Refunding Bonds, after payment of underwriter’s discount and other costs of issuance, shall be deposited in an irrevocable escrow account in an amount sufficient to pay the principal of, interest and redemption premium, if any, due on the refunded bonds to maturity or earlier redemption pursuant to the plan of refunding. The City Manager and the Director of Finance are authorized to prepare and distribute a preliminary Official Statement and an Official Statement of the City of Meriden for use in connection with the offering and sale of the Refunding Bonds. The City Manager and the Director of Finance are hereby authorized to execute and deliver on behalf of the City a Bond
Purchase Agreement, a Continuing Disclosure Agreement and a Tax Regulatory Agreement for the Refunding Bonds in such form as they shall deem necessary and appropriate. The City Manager is authorized to appoint an escrow agent and other professionals and to execute and
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deliver any and all escrow, investment and related agreements necessary to provide for such payments on the refunded bonds and to provide for the transactions contemplated hereby.
Adopted.
Item 3. Presented by Mark D. Benigni and Stephen T. Zerio, by request.
Whereas, the State of Connecticut has decreased anticipated assistance to the City of Meriden; and
Whereas, the State of Connecticut increased the rate of municipal conveyance tax from eleven one-hundredths of one percent to one-fourth of one percent, effective March 15, 2003 to June 30, 2004, to offset those lost revenues partially; and
Whereas, the State authorized an additional temporary increase in the municipal conveyance tax of one-fourth of one percent for certain municipalities, including Meriden, which were particularly impacted by decreases in state assistance; now, therefore,
Be It Resolved, that the City of Meriden hereby imposes and the City Clerk is directed to collect for the period from the passage of this resolution to June 30, 2004 the additional municipal conveyance tax authorized by Section 40 (c) of the Amendment to House Bill 6495, amending Connecticut General Statute 12-494, so that the total municipal conveyance tax due shall be due at the rate of one-half of one percent; and
Be It Further Resolved, that this act shall be effective upon passage.
Referred to Finance and Economic Development, Housing & Zoning.
Item 4. Presented by Mark D. Benigni, by request.
Whereas, pursuant to Sections 12-81 (72) and (74) of the Connecticut General Statutes certain new and newly purchased manufacturing machinery and tractor trailer trucks and other vehicles are exempt from local taxes; and
Whereas, the State has reduced the level of reimbursement to municipalities pursuant to Section 12-94b for taxes that otherwise would be due for such equipment and vehicles; and
Whereas, the State has authorized municipalities to levy a local tax for the fiscal year ending June 30, 2004 equal to the amount of revenue not received because of that reduction of the level of reimbursement; now, therefore,
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Be It Resolved, that with respect to property for which an exemption from the grand list of October 1, 2001 was approved under subdivision (72) or (74) or Section 12-81 of the Connecticut General Statutes, a tax shall be levied, in the maximum amount allowed as set forth in Section 53 of HR 6495, An Act Concerning Modifications To Current and future State Expenditures and Revenues, as amended (the State Budget Act of 2003), with respect to such property for the fiscal year ending June 30, 2004, in an amount equal to the difference between the amount of the grant payable for such property under Section 12-94b of the Connecticut General Statutes, as modified pursuant to the provisions of Section 52 of Public Act 02-1 of the May 9, 2003 Special Session, and the amount of the grant payable under the provisions of the State
Budget Act of 2003; and
Be It Further Resolved, that this act shall be effective upon passage.
Referred to Finance.
Item 6. Presented by Brian F. Kogut, by request.
Whereas, John A. Francis has filed a complaint against the City in the United States District Court of Connecticut in which he alleges that the City of Meriden has discriminated against him on the basis of certain fitness standards; and
Whereas, the Personnel Director, Acting Fire Chief and Associate City Attorney have recommended that, without admitting the foregoing allegations, it is in the best interests of the City of Meriden to settle said claim for the sum of Seven Thousand Five Hundred Dollars ($7,500.00), said amount to be paid to said claimant and his attorney in full settlement thereof; and
Whereas, the Corporation Counsel recommends to the City Council that this settlement agreement be approved; now, therefore,
Be It Resolved, that the City Council does hereby approve the settlement of the above complaint, and the payment of the Seven Thousand Five Hundred Dollars ($7,500.00) in full and final settlement of any and all claims of the plaintiff against the City of Meriden.
Referred to Finance.
Item 7. Presented by Stephen T. Zerio, by request.
Whereas, there are delinquent taxes on property located at 142 Springdale Avenue; and
Whereas, the City has commenced an action to foreclose the liens securing the payment of those taxes; and
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Whereas, no offers were received at a foreclosure auction ordered by the Court in the foreclosure action; and
Whereas, the property is the site of a gasoline/automobile service station and may have environmental problems; and
Whereas, Rafael Robles has offered to purchase the tax liens securing that property for the sum of $35,000; now, therefore,
Be It Resolved, that 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 on property located at 142 Springdale Avenue in the usual form to Rafael Robles or his designee, for the payments set forth above.
Referred to Finance.
Item 8. Bid Waiver from Tom Loin, Development Assistant to allow Design Development Group to continue/and or complete survey work on two additional Open Space Grant parcels in Berlin, Lots 21 and 23 was filed.
Item 9. Bid Waiver from the Water Division for $17,600 to purchase a 2003 Taurus SE Station Wagon from Morande Ford of Berlin off of a Connecticut State Bid was filed.
Item 10. Claims submitted against the City by Deborah Murdock, 610 Main Street, South Meriden; Joseph Gracey, Jr., 57 Higby Drive, Meriden; Andy & Sally Boutin, 11 Westfield Rd., Meriden; Pierre Goin, 774 Paddock Avenue, Meriden; Rachel Snyder & Allen Kondrup, 89 Rockledge Drive, Meriden; Lido’s Restaurant, 75 Pomeroy Avenue, Meriden; William Lokos, 9 Gold Street, Apt. 1, Meriden; Joseph M. Paoli, 1197 North Broad Street, Meriden; Arline J. Dunlop, 15 Cottage Street, Meriden; Lisa Mesite, 879 Murdock Avenue, Meriden; Norma Shamock, 1074 East Main Street and 10 Maple Avenue, Meriden; Marie Gearity, 37 Hawthorne Terrace, Meriden; Deborah Corte, 1223 North Colony Rd., Meriden; Aaron Spikes, 280 Broad Street; Meriden; Lois Wetmore, 89 Dogwood Lane, Meriden;
Cheap Auto Rental, LLC, 901 North Colony Rd., Wlfd.,; William & MaryAnn Hackbarth, 97 Victoria Drive, Meriden; Mr. & Mrs. Douglas Fairbanks, 313 Swain Avenue, Meriden were referred to Legal and Safety & Risk.
Item 16. Golf Course Commission Minutes of January 28, 2003 were filed.
Item 17. Special Meeting of School Building Committee Minutes of January 9, 2003 were filed.
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Item 18. Meriden Aviation Commission Meeting Minutes of February 11, 2003 were filed.
Item 19. Flood Control Implementation Agency Meeting Minutes of February 4, 2003 were filed.
Item MNO20. Presented by Michael S. Rohde.
Whereas, the State of Connecticut is willing to give the City a piece of surplus property; and
Whereas, this property consists of 3.44 acres, and is located off of Reservoir Avenue adjacent to Hubbard Park; and
Whereas, the City must agree to use this property for open space in the future; and
Whereas, legislation is being sponsored by Senator Thomas Gaffey to transfer this property to the City; now, therefore,
Be It Resolved, that the City Council hereby supports the donation of this property to the City; and
Be It Further Resolved, that the City Manager is authorized to sign any documents relating to the transfer of this property to the City.
Referred to Conservation Commission and Public Works and Parks & Recreation.
Item MNO21. Presented by Stephen T. Zerio.
Whereas, the City has received Open Space Grant funds for the purpose of acquiring approximately 14.9 acres of land, identified as Lot 21, in Berlin for the purpose of watershed protection; and
Whereas, the owner of Lot 21 is willing to sell said parcel for the asking price of $75,000.00; now, therefore,
Be It Resolved, that the City Council authorizes the City Manager to acquire Lot 21 in Berlin, CT for the price of $75,000.00.
Referred to Public Works and Parks & Recreation.
END OF CONSENT CALENDAR
Item 5. Presented by Michael S. Rohde and Mark Benigni.
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Whereas, The School Breakfast Program is a federally assisted meal program which has helped provide breakfast to students in public and private schools since 1966; and
Whereas, The School Breakfast Program meals meet applicable recommendations from the Dietary Guidelines for Americans; and
Whereas, the United States Department of Agriculture provides cash reimbursements to schools through the School Breakfast Program; and
Whereas, in FY 2001, an average of 7.8 million children participated in the program daily at more than 72,000 schools nationwide; and
Whereas, a recent State of Minnesota breakfast study found that students who ate breakfast before starting class had a general increase in math grades and reading scores, increased attention, reduced nurse visits, and improved student behavior; and
Whereas, researchers at Harvard Medical School found that children who do not receive proper nutrition have increased problems with anxiety, aggression, absences; and
Whereas, the Tufts University Statement of 1998 on “The Link Between Nutrition and Cognitive Development in Children” cites recent research providing compelling evidence that undernutrition impacts the behavior of children, their school performance, and their cognitive development; and
Whereas, USDA’s School Nutrition Dietary Assessment Study showed that the School Breakfast Program meals are nutritionally superior to other breakfasts, including those served at home; and
Whereas, the Meriden Board of Education recently has begun to consider whether the School Breakfast Program should be extended to additional Meriden public schools; now, therefore,
Be It Resolved, that the City Council of the City of Meriden hereby expresses its sense that the benefits of the School Breakfast Program be given full and fair consideration by the Board of Education.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Joseph Galotti, made an amendment, seconded by Keith Gordon, to add the words “Be It Further Resolved, that the Meriden City Council endorses the concept of the School Breakfast Program”. After much discussion, Anthony Tomassetti, made a motion, seconded by Patricia Lynes, to move the question. Motion carried unanimously. Vote taken on amendment and carried. Councilors Dominello, Feest, Kogut, Shamock and Tomassetti voted Nay. Joseph Galotti, made a motion,
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seconded by Keith Gordon, to adopt the resolution as amended. After much discussion, Anthony Tomassetti, made a motion, seconded by Patricia Lynes, to move the question.
Motion defeated. Councilors Dominello, Feest, Galotti, Kogut and Shamock voted Nay. Hearing no objection a reverse roll call vote was taken on resolution as amended and carried 7:5. Councilors Clermont, Galotti, Gordon, Lynes, McGoldrick, Rohde and Zerio voted Aye. Councilors Dominello, Feest, Kogut, Shamock and Tomassetti voted Nay.
Item 11A. Your Public Safety Committee, to whom was referred a petition with 10 signatures from Parent Leadership Program requesting several safety requests on 2/18/03, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:
Committee: Matthew C. Dominello, Sr., Chairman; Anthony D. Tomassetti, Vice-Chairman; Michael S. Rohde; Keith Gordon; Joseph Ferrigno Feest.
Be It Further Ordered, that this item be approved as recommended by staff. Staff will do the following: re-stripe the intersection of Lewis Avenue southbound at Columbia in the spring; install a stop sign on Mt. Pleasant at Foster; install “No Parking” signs on Lincoln Street north and south of Lincoln Terrace and also on Lincoln Terrace at Lincoln Street; staff will report back with recommendations for light on Lewis Avenue entering 691 and Columbia.
Matthew Dominello, made a motion, seconded by Anthony Tomassetti, to adopt. Motion carried unanimously.
Item 11B. Your Public Safety Committee, to whom was referred the resolution concerning grant application to FEMA through the firefighters grant program to provide funds to local fire departments to enhance their fire and fire-related capabilities on 3/3/03, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:
Committee: Matthew C. Dominello, Sr., Chairman; Anthony D. Tomassetti, Vice-Chairman; Michael S. Rohde; Keith Gordon; Joseph Ferrigno Feest.
Be It Further Ordered, that this item be referred to the Finance Committee for source of funding.
Matthew Dominello, made a motion, seconded by Keith Gordon, to adopt. Motion carried unanimously.
Item 12A. Your Finance Committee, to whom was referred the resolution concerning Personnel Director be authorized to sign agreement with Local #1148 Meriden Fire Union and $11,000 be taken from Fire Pension Fund to cover actuarial cost of meeting with the participants on 2/3/03, 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.
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Brian Kogut, made a motion, seconded by Stephen Zerio, to adopt. Motion carried unanimously.
Item 12B. Your Finance Committee, to whom was referred the resolution concerning Personnel Director be authorized to enter into an agreement with Local #1016, Meriden Police Union on 3/3/03, 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 F. Galotti, Jr.
Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Motion carried unanimously.
Item 12C. Your Finance Committee, to whom was referred the resolution concerning Personnel Director be authorized to enter into an agreement with Local #1148 Meriden Firefighters on 3/3/03, 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 Keith Gordon, to adopt. Motion carried unanimously.
Item 13. No report from Public Works and Parks & Recreation.
Item 14. No report from Human Services.
Item 15. No report from Economic Development, Housing & Zoning.
There being no further business to be brought before the Council, Stephen Zerio, made a motion, seconded by Patricia Lynes, to adjourn. Motion carried unanimously. The meeting adjourned at 7:45 p.m.
Lori N. Canney
Clerk of the City Council
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