City of Meriden, CT - April 21, 2003 Minutes

The Meriden City Council’s regular meeting of April 21, 2003 was convened at 7:05 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 and Stephen Zerio.

Stephen Zerio, made a motion, seconded by Patricia Lynes, to bring forth a Consent Calendar and to approve the minutes of March 17, 2003 and April 15, 2003 and to adopt the Consent Calendar as previously prepared. Motion carried unanimously.

Whereas, the lower level is heavily used on a daily basis by many Senior Center members for a variety of exercise and fitness activities including aerobics, line dancing, physical fitness, chair dancing, Tai Chi, weight training, sit down and tone up, powerful aging for women and more; and

Be It Resolved, that the City Council hereby appropriates $22,100 from the Contingency Fund to add to the existing funds to enable us to complete the project. This shall include consulting a professional architect to approve a remediation plan and to oversee the construction. The scope of the project will be to remove all existing floor coverings from the Senior Center lower level including base and asbestos tiles, to shot blast all remaining glue and adhesive from the concrete floor and to install a tile floor and includes a contingency; and

Whereas, the State Department of Social Services desires to extend the current Federal Food Stamp Employment & Training (FSE&T) and State Food Stamp Training Expenses (FSTE) programs on a performance-based contract through September 30, 2003; and

Whereas, the City of Meriden has received notification for the twenty fifth consecutive year, from the State of Connecticut, of a contract for a supplemental food program for Women, Infants and Children (WIC) Program in an amount not to exceed $470,000 for an 18 month period beginning April 1, 2003 through September 30, 2004; and

Be It Resolved, that the City of Meriden shall enter into a contract with the State of Connecticut for a supplemental food program for Women, Infants and Children (WIC) for an 18 month period beginning April 1, 2003 through September 30, 2004; and

Be It Further Resolved, that the Director of Health and Human Services, Beth Vumbaco, R.N., M.S., shall be and hereby is authorized to execute said contract on behalf of the City of Meriden in accordance with the aforesaid project. The Director of Health and Human Services, Beth Vumbaco, R.N., M.S., shall process and submit all of the documents required relative to this contract.

Whereas, the State of Connecticut, Department of Education, announced the availability of funds to enter into a contract for the continuation of funding for the City of Meriden, Department of Human Services, School Readiness and Child Day Care Grant Program for the period effective July 1, 2003 through June 30, 2004; and

Whereas, the receipt of this grant’s financial impact on the City’s General fund will be the benefit package for the facilitator in an amount not to exceed 34% of the facilitator’s annual salary or approximately $16,300; now, therefore,

Be It Resolved, that Beth Vumbaco, R.N., M.S., Director of Health/Human Services is hereby authorized to execute a contract on behalf of the City of Meriden, Department of Human Services, School Readiness and Child Day Care Grant Program in accordance with the aforesaid project. Beth Vumbaco, R.N., M.S., Director of Health/Human Services shall process and submit all of the documents required that are relative to this contract.

Whereas, the City of Meriden Department of Health and Human Services has provided administrative oversight to a Connecticut Department of Social Services Point of Service Grant for the Casa Boricua de Meriden Hispanic Employment Bilingual Vocational Training Program as of July 1, 1999; and

Be It Resolved, by the City Council that Beth Vumbaco, RN, MS, Director of Health and Human Services, is authorized to submit a Hispanic Employment Bilingual Vocational Training Program Grant application to the State Department of Social Services to be operated by Casa Boricua de Meriden from July 1, 2002 through September 30, 2003 in a total amount expected to equal $94,646 but not to exceed $99,000; and

Whereas, the Meriden Y.M.C.A., Inc. owns certain properties located at 5, 7, 8, 9, 11, 12, 13, 14, 15, and 16 Carriage Works and has offered to convey those properties to the City in lieu of taxes and other charges owed to the City; now, therefore,

Be It Resolved, that Title to 5, 7, 8, 9, 11, 12, 13, 14, 15 and 16 Carriage Works, if accepted in lieu of taxes and other charges due to the City, be thereafter transferred to the Meriden Y.M.C.A., Inc. on the condition that the Meriden Y.M.C.A., Inc. use said property for the purposes set forth in the restrictive covenant recorded in Volume 2141 at Page 108 of the Meriden Land Records; and

Item 27. Letter from Planning Commission re: EPA Grant Application – Brownfields and their recommendation to support the grant application for $200,000 to conduct environmental assessment of various brownfield sites in the city was filed.

Item 28. Letter from Planning Commission re: Sacred Heart Brook and their recommendation that the City approve the Engineering Department proposal to improve the outlet and drainage area of the Sacred Heart Brook between Old Stagecoach Road and Lenore Drive. Filed.

Item 29. Letter from Planning Commission re: 677 Broad Street and their recommendation that the city dispose of this parcel located in an R-2 zone. Please note that any kind of development must receive Planning Commission approval. Filed.

Item 30. Letter from Planning Commission re: 16 Benjamin Street and their recommendation that Council retain ownership of same. The reason for this recommendation is to “bank” the land that is within the area for the City Center Initiative. The Commission would support leasing the said parcel to the neighbor for use as a parking lot, if this lease is revocable at the discretion of the City. Filed.

Item 31. Letter from Planning Commission re: 181 Springdale Avenue and their recommendation that City dispose of this lot located in an R3 zone. The commission recommends that a condition of the transfer of title be that said lot shall not be utilized to increase the density of existing lots nor be utilized as a parking lot. Filed.

Item 32. Letter from Planning Commission re: 125 Franklin Street and their recommendation that city dispose of this lot located in an R3 zone. The commission recommends that a condition of the transfer of title be that said lot shall not be utilized to increase the density of existing lots nor be utilized as a parking lot. Filed.

Item 32A. Letter from Planning Commission re: 76 Sherman Avenue and their recommendation that city dispose of this lot located in an R3 zone. The commission recommends that a condition of the transfer of title be that said lot shall not be utilized to increase the density of existing lots nor be utilized as a parking lot. Filed.

Item 33. Claims submitted against the City by Patricia Sturm, 255 Bee Street, Meriden; Catherine Wanat, 142 Thorpe Avenue, Meriden; Colleen Kerelejza, 132 Pettit Drive, South Meriden; Ruth Redican, 32 Schooner Lane, South Meriden; Nancy Rimbold, 32 Brian Court, Meriden; Joseph Gurzenda, 131 Oxbow Drive, Meriden; Felix Rodriguez, 21 Catlin Street, 2nd Floor, Meriden; Norma Urbanski, 60 Woodland Court, Meriden; James Cannon, III, 385 Center Street, Meriden; Jacquelyn Grant, 13 Suzio Drive, Meriden; Madelin Andujar, 45 Lanouette Street, Meriden; Lionel Andujar, 45 Lanouette Street, Meriden; John Paggioli, 728 Paddock Avenue, Meriden; Beverly Craft, 6 Woodycrest Road, Meriden; Kevin Richard, 570 Murdock Avenue, Meriden; Joseph Salafia, 304 Dexter Avenue, Meriden; Michelle Bender, 116 Paddock Avenue, Meriden; Brendan Heffernan, 252 Paddock Avenue, Meriden; Christine Bowers, 30 Regis Drive, Meriden; John & Lois Pollock, 65 Melville Avenue, Meriden; Donna Smith, 34 Deer Run Rd., Meriden; Andrew Bynum, 22 Fawn Drive, Meriden; Mary Graham, 61 Round Hill Road, Meriden; Edward Parker, 33 Harness Drive, Meriden; Norbert Carr, 15 Shelley Road, S. Meriden; Amin Hussien, 171-173

Be It Further Resolved, that the program will establish and mark walkway routes originating on public/semi-public (i.e. schools and hospital) properties with parking and leading to Downtown. Also, said walkway shall be measured and the distances shall be designated at appropriate intervals with appropriate signage; and

Whereas, the U.S. Department of Housing and Urban Development (hereinafter referred to as “HUD”) has informed the City of Meriden that it is eligible to receive $1,106,000.00 of Community Development Block Grant (hereinafter referred to as “CDBG”) funds for its twenty-ninth year Community Development Program (hereinafter referred to as CDBG-29 Program); and

Be It Resolved, that the attached list of programs, budgets, and reallocations are hereby approved and authorized for inclusion in the Annual Plan of the City of Meriden’ Community Development Objectives and Projected Use of Funds for CDBG-29; and

Be It Resolved, by the City Council, that Roger L. Kemp, City Manager is hereby authorized to execute and deliver in the name of and on behalf of the City of Meriden, an application and contract with the Connecticut State Library, for a Historic Preservation Grant.

The formation of an Ambulance Services Committee, consisting of the President of the Hunter’s Ambulance Company (or his designee), the City Manager, the Fire Chief, and the Chairman of the City Council’s Public Safety Committee (or his designee). This group would meet on-call, to review service complaints. This Committee would meet if a citizen complaint is not properly resolved by Hunter’s Ambulance within a 30-day period.

Let the Committee review their emergency medical dispatching practices, and make recommendations to ensure that such practices remain state-of-the-art from a technology standpoint. Hunter’s would be required to prepare a plan to implement such practices within a 30-day period upon request. This Committee would be required to approve this plan prior to its implementation.

Item 51. Bid Waiver from Parks & Public Works Dept. for $34,808.22 on State of CT bid to purchase playground equipment from the New England Recreation Group of Tolland to replace vandalized & outdated equipment which includes a playscape for Cedar Park; a swing set for Hubbard Park and a stand alone climber at Habershon Park was filed.

This Grant of Conservation Deed Restriction, made as of the ______ day of April, 2003, by and between MERIDEN GAS TURBINES, LLC (901 Marquette Avenue, Suite 2300, Minneapolis, MN 55402-3265) (“Grantor”) and the CITY OF MERIDEN (142 East Main Street, Meriden, CT 06450) (“Grantee”).

Whereas, Grantor is the owner in fee simple of approximately 1 acre of real property, hereinafter referred to as the Conservation Property, located in the City of Meriden, County of New Haven, State of Connecticut, more particularly described at Appendix A, attached and incorporated hereto.

Whereas, Grantor through this grant does donate to Grantee the Grant of Conservation Deed Restriction (“Conservation Restriction”) over the Conservation Property in order to preserve a wetlands area determined to have ecological importance by the United States Army Corps of Engineers ("USACE”), pursuant to the terms of a wetlands permit issued by USACE.

Whereas, the State of Connecticut has authorized the creation of conservation restrictions pursuant to Sections 47-42a through 47-42c of the Connecticut General Statutes, and Grantor and Grantee wish to avail themselves of the provisions of that law;

Now, Therefore, for no consideration whatsoever, and pursuant to Sections 47-42a through 47-42c of the Connecticut General Statutes, Grantor does hereby grant and convey to Grantee this Grant of Conservation Deed Restriction in perpetuity consisting of the following:

Purpose. It is the purpose of this Conservation Restriction to assure that the Conservation Property will be retained perpetually predominantly in its natural scenic and open space condition and to protect the wetlands on the Conservation Property. Grantor intends that this Conservation Restriction will confine the use of the Conservation Property to such activities as are consistent with the purpose of this Conservation Restriction.

To preserve and protect in perpetuity the natural, wildlife, open space and aesthetic values of the Conservation Property as the same exist on the date of this Conservation Restriction, subject to the exercise of the rights reserved herein by Grantor.

Upon prior notice to Grantor, which requirement for prior notice shall be waived in the case of an emergency, to enter upon the Conservation Property at reasonable times and with reasonable frequency to inspect the Conservation Property to determine compliance with this Conservation Restriction and to enforce this Conservation Restriction as hereinafter provided.

To enforce this Restriction, in conformity with the provisions hereof any by proceedings at law or in equity as otherwise may be appropriate, and to require the then owner of the Conservation Property to cease non-conforming uses and practices and to restore the Conservation Property to the state that exists on the date of this Conservation Restriction, subject only to the exercise of the rights reserved herein by Grantor.

3. Prohibited Uses and Practices. The following uses and practices are inconsistent with the purposes of this Conservation Restriction and shall be prohibited upon or within the Conservation Property, except as specifically provided in this Paragraph 3 or in Paragraph 4 of this Grant.

The construction, erection, maintenance or replacement of any buildings, paved roads, vehicle access ways, mobile homes, signs (other than customary and typical postings or warnings), billboards, or other structures or improvements of any kind or nature whatsoever on or over the Conservation Property, with the following limited exceptions:

Grant shall have the right, subject to all applicable laws and permits, to make reasonable use of registered pesticides or herbicides to address problems threatening health or safety, including but not limited to disease-carrying insects or invasive plant species.

(d) Disturbances of the surface topography of the Conservation Property, including but not limited to, dredging, filling, excavating, removing topsoil, sand, gravel, rocks or minerals, or changing of the topography of the land in any manner, except as normally and reasonably incidental to any of the uses permitted in this Conservation Restriction and traditional open space.

The right to take any reasonable actions necessary to prevent erosion on the Conservation Property or to protect public health or safety, subject to all applicable laws and permits, including maintenance, stabilization, or other improvements to stream and pond channels and banks.

The right to lease or to give, sell, assign or otherwise transfer the fee simple interests to the Conservation Property by operation of law or by deed, provided that the Conservation Property shall at all times under all situations continue to be subject to the terms of this Conservation Restriction.

Except as limited in this Conservation Restriction, Grantor reserves all customary rights as the fee simple owner of the Conservation Property, including the right to use the Conservation Property for all purposes not inconsistent with this Conservation Restriction.

Hazardous Waste. Grantor covenants and represents that Grantor has received no reports concerning hazardous substance or toxic waste which exists or has been generated, treated, stored, used, disposed of, or deposited in or on the Conservation Property, or concerning any underground storage tanks located on the Conservation Property.

Grantee’s Remedies. In the event that grantee becomes aware of a violation of the terms of this Conservation Restriction, Grantee shall give reasonable prompt notice to Grantor, of such violation, and request corrective action sufficient to abate such violation and restore the Conservation Property to its condition at the time of this Grant. Failure by Grantor to cause discontinuance, abatement or such other corrective action as may be requested by Grantee within ninety (90) days after receipt of such notice shall entitle Grantee to bring an action at law or equity in a court of competent jurisdiction to enforce the terms of this Conservation Restriction; to require any necessary restoration of the property to its previous condition; to enjoin any non-compliance by ex parte temporary or permanent injunction in a court of competent jurisdiction; and/or to recover any damages arising from any such noncompliance. Such damages, when recovered, may be applied by the Grantee, in its sole discretion, to corrective action on the Conservation Property.

Violations Due to Causes Beyond Grantor’s Control. Nothing herein shall be construed to entitle Grantee to institute any enforcement proceedings against Grantor for any changes to the Conservation Property due to causes beyond Grantor’s control, such as changes caused by fire, flood, storm, earthquake or the unauthorized acts of third persons. In the event of violations of this Conservation Restriction caused by unauthorized acts of third persons, at grantee’s option, Grantor agrees to assign its right of action to Grantee, to join in any suit, and/or to appoint Grantee its attorney-in-fact for the purpose of pursuing enforcement action.

(b) Materiality. In enforcing its rights hereunder with respect to a violation or prohibited activity not cause, undertaken, permitted or condoned by Grantor, at Grantor’s discretion, or on Grantor’s behalf, Grantee shall take into account the materiality of the violation or prohibited activity in light of the purposes of the Conservation Restriction and the reasonableness of requiring Grantor to correct the violation or cease the prohibited activity and restore the property affected, or causing same to be done at Grantor’s expense as provided herein, under all the circumstances, including but not limited to the season of the year.

9. Access. Nothing herein shall be construed as creating any rights of public access to any portion of the Conservation Property. Nothing herein shall be construed to preclude Grantor’s rights to grant access to others, provided that such access is allowed in a manner that does not result in a violation of the provisions hereof.

11. Notices. All notices required by this Conservation Restriction shall be in writing and, unless otherwise specified, shall be given either by manual delivery or by certified mail, return receipt requested, in a mail receptacle maintained by the United States Postal Service. Notice shall go to the following addresses:

12. Assignment. The parties hereto recognize and agree that the benefits of this Conservation Restriction are in gross and assignable. In the event the Grantee transfers or assigns the restriction it holds under this indenture, the Grantor shall have the right to approve the identify of any such transferee or assignee, and that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue to carry out in perpetuity the conservation purposes which the Conservation Restriction was originally intended to advance.

If any provisions of this Conservation Restriction or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this Conservation Restriction and the application of such provisions to persons or circumstances other than those to which it is found to be invalid, shall not be affected thereby.

Grantor agrees that reference and notification to this Conservation Restriction will be made in any subsequent deed, or other legal instrument, by means of which any interest in the Conservation Property (including a leasehold interest) is conveyed, and that Grantee will be noticed of any such conveyance.

On this ________day of _____________, 2003, before me, the undersigned officer, personally appeared, _______________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained, as his/her free act and deed.

On this _________day of _____________, 2003, before me, the undersigned officer, personally appeared,______________________, known to me (or satisfactorily proven)to be the ______________ of City of Meriden described in and which executed the foregoing instrument, and acknowledged that he/she signed the his/her name thereto on behalf of said City for the purposes therein contained, as its free act and deed.

That certain piece or parcel of land located in the City of Meriden, County of New Haven and State of Connecticut, shown as “Conservation Restriction in Favor of The City of Meriden Area = 43,560 S.F.±/1.00 Ac.±” on a map or survey entitled “PROPOSED PARCEL A SOUTH MOUNTAIN DRIVE MERIDEN, CONNECTICUT

Property Owner: Meriden Gas Turbines LLC 901 Marquette Ave.,Suite 2300 Minneapolis, MN 55402-3265 April 2, 2003 CONSERVATION RESTRICTION, Job No. 03-010, Sheet No. 1 Scale 1” = 100’ “ prepared by Nafis & Young Engineers, Inc., 1355 Middletown Avenue, Northford, Connecticut 06472. Said parcel is more particularly described as follows:

Beginning at a point on the northwesterly street line of South Mountain Road, at the southwestern corner of a parcel shown on said map as “Property of Meriden Gas Turbines LLC”; thence running N 26º-59’-55” E along the boundary of said parcel a distance of 187.63 feet to the true point or place of beginning:

Thence running N 26º-59’-55” E a distance of 107.64 feet to a point; thence running N 49º-25’-00” W a distance of 105.62 feet to a point; thence running N 39º-32’-17”E for a distance of 351.97 feet to a point; thence running N 80º-43’-33”E for a distance of 145.93 feet to a point; thence running S 25º-00’-02”E for a distance of 20.68 feet to a point; thence running S 46º-10’-29” W for a distance of 213.71 feet to a point; thence running S 32º - 38’-37” W a distance of 329.75 feet to a point; thence running S 41º-27’-48”W a distance of 20.25 feet to the point or place of beginning.

Be It Resolved, that in memory of the victims of the Holocaust, and in the hope that we will strive always to overcome prejudice and inhumanity through education, vigilance and resistance, the week of April 27th through May 4th, 2003 is hereby designated as “The Days of Remembrance of the Victims of the Holocaust”.

Whereas, the Declaration of Independence, our first statement as Americans of national purpose and identity, made “the laws of Nature and of Nature’s God” the foundation of our United States of America and asserted that people have inalienable rights that are God-given; and

Whereas, the National Day of Prayer is an opportunity for Americans of all faiths to join in united prayer to acknowledge our dependence on God, to give thanks for blessings received, to request healing for wounds endured, and to thank God to guide our leaders and bring wholeness to the United States and her citizens; and

Whereas, it is fitting and proper to give thanks to God by observing a day of prayer in Meriden when all may acknowledge our blessings and express gratitude for them, while recognizing the need for strengthening religious and moral values in our state and nation; and

Stephen Zerio, made a motion, seconded by Matthew Dominello, to adopt. Motion carried unanimously. Mayor Benigni asked Majority Leader Zerio and Deputy Mayor Shamock to join him in the ellipse. Rev. Will Marotti of the New Life Church was given a framed copy of the proclamation.

Be It Further Resolved, that April 24, 2003 be proclaimed “Senior Safety Day” in the City of Meriden in recognition of the formal establishment of the Meriden Triad Program by the Meriden Police Department, Meriden Senior Center, People’s Bank and the Meriden City Council.

Whereas, Municipal Clerks continually strive to improve the administration of the affairs of the office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and

Now, Therefore, I, Mark D. Benigni, Mayor of the City of Meriden, do recognize the week of April 27 through May 3, 2003, as Municipal Clerks Week, and further extend appreciation to our City/Town Clerk, Irene G. Masse´ and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent.

Walter Shamock, made a motion, seconded by Stephen Zerio, to adopt. Motion carried unanimously. Mayor Benigni asked Majority Leader Zerio and Deputy Mayor Shamock to join him in the ellipse. Mayor Benigni invited Irene Masse´, City Clerk and her assistants, Brenda Crosby and Debbie Rutkauskas to join him. They were presented with a framed copy of the proclamation.

Item 1. Presented by Anthony D. Tomassetti, Matthew C. Dominello, Sr., Mark Benigni, Keith Gordon, Stephen T. Zerio, Patricia D. Lynes, Joseph Ferrigno Feest, Walter Shamock, Brian F. Kogut, George McGoldrick, Robert Clermont, Michael Rohde.

Be It Further Resolved, that the softball fields that are now complete be named “The William E. Dunn Memorial Softball Fields” in gratitude for his unselfish dedication and service to his community and friends that he performed during his lifetime; and

Anthony Tomassetti, made a motion, seconded by Keith Gordon, to adopt. Stephen Zerio made a friendly amendment, to change the word “fields” under the second further be it resolved paragraph to “park”. Hearing no objection it was so ordered. Also in the second further be it resolved paragraph change the words “are now” to “when”. Hearing no objection it was so ordered. Stephen Zerio, made an amendment, seconded by Walter Shamock, to add the following after the second be it further resolved paragraph, “Be It Further Resolved, that the naming of individual softball fields of said complex be reserved for and considered in the future by the Meriden City Council under recommendation of the Public Works and Parks & Recreation Committee”. Amendment carried unanimously. Motion to adopt resolution as amended carried unanimously.

Item 34A. Your Finance Committee, to whom was referred a Public Safety Committee Report concerning a 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 3/17/03, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

Item 34B. Your Finance Committee, to whom was referred the resolution concerning an amendment to GPIB #49 – “Meriden Manufacturing Assistance Agency – Economic Development, Related Studies and Technical Assistance - $100,000” on 3/3/03, report that they have attended to the matter and recommend adoption.

Item 34C. Your Finance Committee, to whom was referred the resolution concerning an appropriation of $7,500 from the Contingency Budget to pay City’s share of payment to Aragorn Consulting Group for their proposal for a joint action – planning project with the Board of Education on 3/3/03, report that they have attended to the matter and recommend adoption.

Item 35A. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning disposition of City owned property (677 Broad Street) on 2/18/03, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

Item 35B. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning Legere Buildings on Colony Street on 3/3/03, report that they have attended to the matter and recommend receive and file.

Item 35C. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning disposition of City owned properties (125 Franklin Street and 76 Sherman Avenue) on 3/3/03, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

125 Franklin Street – A condition of the transfer of title be that said lot shall not be utilized to increase the density of existing lots nor be utilized as a parking lot, and Be It Further Ordered, that an easement be in place for the sewer line for 119 Franklin Street.

Be It Further Ordered, that this property be disposed of as recommended by the Planning Commission. A condition of the transfer of title be that said lot shall not be utilized to increase the density of existing lots nor be utilized as a parking lot.

Item 36A. Your Human Services Committee, to whom was referred the resolution concerning amendment to City Code, Section 6-122, Aviation Commission to provide that the Commission consist of 7 members on 2/3/03, report that they have attended to the matter and recommend adoption.

Item 36B. Your Human Services Committee, to whom was referred the resolution concerning Section 112-16 and 112-17 be repealed and replaced with a new section 112-16 entitled “License Required for Food Service Establishments” and 112-17 entitled “Issuance of Licenses, Classification of Establishments, Annual Feed Schedule” on 2/18/03, report that they have attended to the matter and recommend adoption.

Item 36C. Your Human Services Committee, to whom was referred the resolution concerning reallocation of $1,203 from CDBG-28 Administration Account to the CDBG-28 Family Services Facility Account on 2/18/03, report that they have attended to the matter and recommend adoption.

Item 37A. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning Old Stagecoach Road culvert and requests that the City Council consider the use of eminent domain so as not to delay the project any longer on 2/3/03, report that they have attended to the matter and recommend the following:

Be It Further Ordered, that the letter informs the property owners if the City does not hear from them by 5/12/03 or if their response is in the negative that the committee will be prepared at that time to advise the full Council that the city will proceed with eminent domain.

Item 37B. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning Healthy Quinnipiac River Watershed and favor the nomination of the Quinnipiac River as one of Connecticut’s officially designated greenways on 3/17/03 report that they have attended to the matter and recommend adoption.

Item 37C. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning the City Manager be authorized to sign any documents relating to the transfer of 3.44 acres off of Reservoir Avenue adjacent to Hubbard Park on 3/17/03, report that they have attended to the matter and recommend adoption.

Item 37D. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning City Council authorizing City Manager to acquire Lot 21 in Berlin, CT for the price of $75,000 on 3/17/03, report that they have attended to the matter and recommend the following:

Item 37E. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning reallocation of state funds for the Jack Barry, Ed Walsh and South Meriden Little Leagues on 2/3/03, report that they have attended to the matter and recommend the following:

Michael Rohde, made a motion, seconded by Brian Kogut, to adopt. Mike Rohde, made a motion, seconded by George McGoldrick, to recommit. Patricia Lynes, made a motion, seconded by Anthony Tomassetti, to move the question. Motion carried unanimously. Vote taken on motion to recommit and carried. Councilors Zerio, Feest and Kogut voted nay.

Item 37F. Your Public Works and Parks & Recreation Committee Report, to whom was referred a staff report concerning Amity Street/Detroit Avenue/Button Street on 4/8/03, report that they have attended to the matter and recommend the following:

Item 37H. Your Public Works and Parks & Recreation Committee, to whom was referred a Public Works and Parks & Recreation Committee Report concerning installation of sidewalk from Wilcox Technical School to Red Bridge (on Humane Society side) on 12/16/02 report that they have attended to the matter and recommend filing.

Item 37J. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning the City Manager be authorized to sign an agreement between the State of Connecticut and the City for Project #79-215 on 1/21/03 report that they have attended to the matter and recommend adoption.

Item 50. Presented by Stephen T. Zerio, Mark D. Benigni, Matthew C. Dominello, Sr., Walter A. Shamock, Robert Clermont, Joseph Ferrigno Feest, Joseph Galotti, Keith Gordon, Brian F. Kogut, Patricia D. Lynes, George McGoldrick, Michael S. Rohde, Anthony D. Tomassetti.

Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. After discussion, Anthony Tomassetti, made a motion, seconded by Patricia Lynes, to refer to Finance. Motion carried unanimously. Brian Kogut, made a motion, seconded by Stephen Zerio, to amend the resolution by deleting the words “ as the City Council has approved” in the second sentence of the first Be It Resolved paragraph and substitute the words “as the Finance Committee reports back to the City Council with a recommendation for final disposition of this resolution.” Also to be added to the resolution would be the words “Be It Further Resolved, that the resolution be referred to the Finance Committee for recommendation to the City Council”. Brian Kogut, withdrew his motion to amend and Stephen Zerio, withdrew his second to the motion.