City of Meriden, CT - May 19, 2003 Minutes

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The Meriden City Council’s regular meeting of May 19, 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 Galotti, Keith Gordon, Brian Kogut, Patricia Lynes, George McGoldrick, Michael Rohde, Walter Shamock, Anthony Tomassetti and Stephen Zerio.

ABSENT: Joseph Ferrigno Feest was excused.

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

Stephen Zerio, made a motion, seconded by Keith Gordon, to invoke Rule 20 to bring forth a Consent Calendar and approve the minutes of May 5, 2003 and May 15, 2003 and to adopt the Consent Calendar as previously prepared. Motion carried unanimously.

CONSENT CALENDAR

Item 1. Withdrawn.

Item 2. Withdrawn.

Item 3. Presented by Stephen T. Zerio.

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

Whereas, certain of these properties are located at 16 Benjamin Street; and

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

Whereas, the Economic Development Task Force recommends this property be sold to an adjoining property owner; and

Whereas, the Economic Development Task Force recommends this property be combined with the buyers property as a single parcel by a new deed and that no new housing units may be constructed to the combined parcel; and

Whereas, the Economic Development Task Force recommends the buyer agree to improve this parcel as a parking lot and the buyer would allow ingress and egress to the existing, adjacent firehouse property; and

Whereas, the Economic Development Task Force recommends this property be subject to site plan approval by the Planning Commission for off-street parking; now, therefore,

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

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Referred to Economic Development, Housing & Zoning.

Item 4. Presented by Walter A. Shamock.

Be It Resolved, that Williams Street be added to the 2003 paving list.

Referred to Public Works and Parks & Recreation.

Item 5. Presented by Michael S. Rohde.

Whereas, the City has a Bulky Waste Program, which includes both home pickup as well as making the City’s landfill available for this purpose; and

Whereas, many area cities and towns charge a modest fee for this service; and

Whereas, these fees help offset the operating cost of this program; and

Whereas, reasonable user fees are being recommended for home pickup and landfill drop-off; and

Whereas, coupons/tickets will be sold for these services at the City’s Landfill and at the Parks & Recreation Office on Liberty Street; now, therefore,

Be It Resolved, that the following fee schedule is hereby established:

Landfill: $10.00 for cars, $20.00 for pickup trucks and $50.00 for larger trucks.

Home Pickup: $20.00 for each curbside pickup; and

Be It Further Resolved, that these user fees are hereby established effective July 1, 2003.

Referred to Public Works and Parks & Recreation.

Item 6. Presented by Brian F. Kogut, by request.

A RESOLUTION AMENDING A RESOLUTION MAKING APPROPRIATIONS AGGREGATING $4,876,020 FOR VARIOUS PUBLIC IMPROVEMENTS AND EQUIPMENT AND AUTHORIZING $4,876,020 BONDS OF THE CITY TO MEET SAID APPROPRIATIONS AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.

WHEREAS, (a) $20,700 of the authorized and unissued balance of the appropriation for “Library Fire Alarm System”; (b) $24,000 of the authorized and unissued balance of the appropriation for “Police Department – 11 Vehicles”’ (c) $22,700 of the authorized and unissued

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balance of the appropriation for “Tank Replacement, Public Works, Parks & Recreation”; and (d) $4,900 of the authorized and unissued balance of the appropriation for “Tank Replacement – Fire Department”, made in Section 1 of the resolution entitled “Resolution Making Appropriations Aggregating $4,876,020 For Various Public Improvements And Equipment And Authorizing The Issuance Of $4,876,020 Bonds Of The City To Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose” adopted by the Common Council on September 8, 1998, as amended, (the “GPIB #44 Resolution”), are not needed to meet the costs of said projects, and said projects are hereby determined to be complete; and

WHEREAS, (e) $27,808 of the appropriation for “Tank Replacement – Curtis” and (f) $45,295 of the appropriation for “Tank Replacement – Design” will not be required for such purposes;

NOW, THEREFORE, BE IT RESOLVED:

Section 1. Section 1 of the GPIB #44 Resolution is amended by (a) decreasing the appropriation for “Library Fire Alarm System”, Account Number 7344-928 by $20,700 from $40,200 to $19,500; (b) decreasing the appropriation for “Police Department – 11 Vehicles”, Account Number 7344-940 by $24,000 from $333,000 to $324,000; (c) decreasing the appropriation for “Tank Replacement, Public Works, Parks & Recreation”, Account Number 7344-962-0001 by $22,700 from $99,700 to $76,000; (d) decreasing the appropriation for “Tank Replacement – Fire Department” Account Number 7344-962-0002 by $4,900 from $100,000 to $95,100, (e) decreasing the appropriation for “Tank Replacement – Curtis” Account Number 734-962-0003 by $27,808 from $29,000 to $1,192, and (f) rescinding the appropriation for “Tank Replacement-Design” Account Number 7344-962-0007, thus decreasing the total appropriation in Section 1 of the GPIB #44 Resolution from $12,964,020 to $12,818,617.

Section 2. Section 2 of the GPIB #44 Resolution is amended by decreasing the amount of bonds of the City therein authorized to be issued from $12,964,020 to $12,818,617.

Referred to Finance.

Item 7. Presented by Brian F. Kogut, by request.

A RESOLUTION AMENDING A RESOLUTION MAKING APPROPRIATIONS AGGREGATING $14,976,380 FOR VARIOUS PUBLIC IMPROVEMENTS AND EQUIPMENT AND AUTHORIZING $14,976,380 BONDS OF THE CITY TO MEET SAID APPROPRIATIONS AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.

WHEREAS, (a) $9,000 of the authorized and unissued balance of the appropriation for “DPW Building – Michael Drive/Sprinkler Repairs”; (b) $14,000 of the authorized and unissued balance of the appropriation for “Kensington Avenue Sidewalks”; (c) $4,000 of the authorized and unissued balance of the appropriation for “St. Casimer Parking Lot”; and (d) $31,900 of the

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authorized and unissued balance of the appropriation for “Street Sweeper (Replacement)”, made in Section 1 of the resolution entitled “Resolution Making Appropriations Aggregating $14,976,380 For Various Public Improvements And Equipment And Authorizing The Issuance Of $14,976,380 Bonds Of The City To Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose” adopted by the Common Council in October, 1999, as amended, (the “GPIB #45 Resolution”), are not needed to meet the costs of said projects and said projects are hereby determined to be complete;

NOW, THEREFORE, BE IT RESOLVED:

Section 1. Section 1 of the GPIB #45 Resolution is amended by (a) decreasing the appropriation for “DPW Building – Michael Drive/Sprinkler Repairs”, Account Number 7345-518 by $9,000 from $19,000 to $10,000; (b) decreasing the appropriation for “Kensington Avenue Sidewalks”, Account Number 7345-527 by $14,000 from $90,000 to $76,000; (c) decreasing the appropriation for “St. Casimer Parking Lot”, Account Number 7345-530 by $4,000 from $50,000 to $46,000; and (d) decreasing the appropriation for “Street Sweeper (Replacement)” Account Number 7345-536 by $31,900 from $290,000 to $258,100, thus decreasing the total appropriation in Section 1 of the GPIB #45 Resolution from $11,373,510 to $11,314,610.

Section 2. Section 2 of the GPIB #45 Resolution is amended by decreasing the amount of bonds of the City therein authorized to be issued from $11,373,510 to $11,314,610.

Referred to Finance.

Item 8. Presented by Brian F. Kogut, by request.

A RESOLUTION AMENDING A RESOLUTION APPROPRIATING $16,800,000 IN SATISFACTION OF A JUDGEMENT RENDERED AGAINST THE CITY OF MERIDEN AND AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $16,800,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.

WHEREAS, $1,365,000 of the authorized and unissued balance of the appropriation made in Section 1 of the resolution entitled “A Resolution Appropriating $16,800,000 in Satisfaction Of A Judgement Rendered Against The City Of Meriden And Authorizing The Issuance Of Not Exceeding $16,800,000 Bonds Of The City To Meet Said Appropriation And Pending The Issue Thereof The Making Of Temporary Borrowings For Such Purpose” adopted by the Common Council on July 16, 2001, (the GPIB #54 Resolution”), are not needed to meet such judgement and such judgement has been completely satisfied;

NOW, THEREFORE, BE IT RESOLVED:

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Section 1. Section 1 of the GPIB #54 Resolution is amended by decreasing the total appropriation therein Account Number 7354-746 by $1,365,000 from $16,800,000 to $15,435,000.

Section 2. Section 2 of the GPIB #54 Resolution is amended by decreasing the amount of bonds of the City therein authorized to be issued from $16,800,000 to $15,435,000.

Referred to Finance.

Item 9. Presented by Brian F. Kogut, by request.

A RESOLUTION AMENDING A RESOLUTION MAKING APPROPRIATIONS AGGREGATING $6,400,500 FOR VARIOUS PUBLIC IMPROVEMENTS AND EQUIPMENT AND AUTHORIZING $6,400,500 BONDS OF THE CITY TO MEET SAID APPROPRIATIONS AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.

WHEREAS, (a) $43,200 of the authorized and unissued balance of the appropriation for “Library Bookmobile Replacement”; and (b) $40,000 of the authorized and unissued balance of the appropriation for “Golf Pro Shop Renovation”, made in Section 1 of the resolution entitled “Resolution Making Appropriations Aggregating $6,400,500 For Various Public Improvements And Equipment And Authorizing The Issuance Of $6,400,500 Bonds Of The City To Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings for Such Purpose” adopted by the Common Council on July 1, 2001, as amended, (the “GPIB #55 Resolution”), are not needed to meet the costs of said projects, and said projects are hereby determined to be complete; and

WHEREAS, the appropriation for “Parks & Public Works – Engineering – Genest/Williams Street Drainage Project $212,000”; and the appropriation for “Highway Building Renovations - $20,000”, will not be required for such purposes;

NOW, THEREFORE, BE IT RESOLVED:

Section 1. Section 1 of the GPIB #55 Resolution is amended by (a) decreasing the appropriation for “Library Bookmobile Replacement”, Account Number 7355-758 by $43,200 from $150,000 to $106,800; (b) decreasing the appropriation for “Golf Pro Shop Renovation”, Account Number 7355-817 by $40,000 from $200,000 to $160,000, (c) rescinding the appropriation for “Parks & Public Works – Engineering-Genest/Williams Street Drainage Project” Account Number 7355-780, and (d) rescinding the appropriation for “Highway Building Renovations” Account Number 7355-799, thus decreasing the total appropriation in Section 1 of the GPIB #55 Resolution from $7,395,600 to $7,080,400.

Section 2. Section 2 of the GPIB #55 Resolution is amended by decreasing the amount of bonds of the City therein authorized to be issued from $7,395,600 to $7,080,400.

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Referred to Finance.

Item 10. Presented by Mark Benigni and Stephen T. Zerio.

Whereas, the City desires to acquire the property located at 60 East Main Street, located at the corner of East Main and Pratt Streets; and

Whereas, the property owner has signed an agreement whereby he will sell this property to the City for $55,300, including the waiver of back property taxes for $4,700; and

Whereas, based on the value of this property, this property acquisition is in the best interest of the City and its taxpayers; now, therefore,

Be It Resolved, that the necessary funds for the acquisition of this property should come from the CIP budget for Property Acquisition; and

Be It Further Resolved, that the City Manager is hereby authorized to execute all documents to acquire this property and transfer title to the City.

Referred to Economic Development, Housing & Zoning.

Item 11. Letter to City Council from Mayor Benigni re: Veto of FY2003/2004 City of Meriden budget was filed.

Item 12. Letter to Mayor Benigni from Bruce & Jodi Childs regarding opposition to proposed linear park was filed.

Item 13. Letter to Mayor Benigni from Mr. & Mrs. Robert Judkins regarding opposition to proposed linear park was filed.

Item 14. Claims submitted against the City by Joy Pavliscsak, 44 Woodhouse Avenue, Wlfd., ; Donald Bisson, Jr., 1183 North Colony Rd., Meriden; Sharon Bentley, 162 Hobart Street, Meriden; Claudio Mejias, 55 Elmwood Drive, Meriden; Our Lady of Mt. Carmel, 109 Goodwill Avenue, Meriden; Rebecca Braccidiferro, 137 Sylvan Avenue, Meriden were referred to Legal and Safety & Risk.

Item 21. Flood Control Implementation Agency Meeting Minutes of April 1, 2003 were filed.

Item 22. Neighborhood Preservation Progress Report through March 31, 2003 was filed.

Item 23. Public Utilities Commission Meeting Minutes of March 18, 2003 was filed.

Item 24. Aviation Commission Meeting Minutes of April 8, 2003 were filed.

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MNO25. Presented by Brian F. Kogut, by request.

Whereas, all Connecticut municipalities must have their accounts audited at last once annually; and

Whereas, such audit shall be made by an independent public accountant who shall be appointed by the legislative body of the City or town; and

Whereas, the accounting firm of McGladrey and Pullen, L.L.P. of New Haven, CT. is a public accounting firm; and

Whereas, the firm of McGladrey and Pullen has been top ranked by a committee to perform the annual audit for fiscal years 2002-2003, 2003-2004, 2004-2005; and

Whereas, the Connecticut General Statutes (C.G.S. 7-396 and 4-232), require the appointing authority to file the name of the independent auditor designated, thirty days before the end of the fiscal period (June 1, 1996); and now, therefore,

Be It Resolved, that the accounting firm of McGladrey and Pullen, L.L.P. of New Haven, Connecticut be appointed to audit the City of Meriden for the fiscal year commencing July 1, 2003 through June 30, 2004 and continuing for an additional 2 fiscal years; and

Be It Further Resolved, that said firm be paid for their services in the amount of $79,000 for FY2002-2003; $81,500 for FY2003-2004 and $83,100 for FY2004-2005.

Referred to Finance.

Item MNO27. Presented by Matthew C. Dominello, Sr., by request.

Be It Resolved, that Meriden Avenue be added to the 2003 paving list.

Referred to Public Works and Parks & Recreation.

END OF CONSENT CALENDAR

Item 15A. Your Finance Committee, to whom was referred a resolution concerning an appropriation of $5,000 from Contingency Fund for Flower Planting Program on 4/21/03, 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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Stephen Zerio, made a motion, seconded by Keith Gordon, to adopt. Brian Kogut asked to abstain as a relative of his has done this work in the past. Hearing no objection it was so ordered. Motion carried unanimously. Councilor Kogut abstained.

Item 15B. Your Finance Committee, to whom was referred the resolution concerning an appropriation of $22,100 from Contingency Fund to add to the existing funds for Senior Center floor on 4/21/03, 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 15C. Your Finance Committee, to whom was referred the resolution concerning Personnel Director be authorized to sign agreement with the City’s Parking Attendants on 4/21/03, report that they have attended to the matter and recommend denial 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 this item be denied without prejudice.

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

Item 15D. Your Finance Committee, to whom was referred the resolution concerning City and Pension Board pay the costs for legal and accounting fees related to recent Police and Fire Contract Negotiations on 4/21/03, 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 R. Galotti, Jr.

Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Motion carried. Councilors Galotti and McGoldrick voted Nay.

Item 15E. Your Finance Committee, to whom was referred the resolution concerning the City stop accepting charge card payments on 4/21/03, 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 R. Galotti, Jr.

Be It Ordered, that in the last “Whereas” paragraph the word “delinquent” be deleted; and

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Be It Further Ordered, that the last two paragraphs of the resolution be deleted and replaced with the following:

Now, Therefore, Be It Resolved, that the Collector of Revenue will cease accepting charge payments in the Tax Office immediately upon the implementation of charge card service through Official Payments Corp., which date is expected to be on or around June 1, 2003.”

Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Motion carried unanimously.

Item 16A. 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 matte and recommend the following:

Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.

Be It Ordered, that staff and City Council be directed to move forward and take easements with eminent domain.

Joseph Galotti, made a motion, seconded by Brian Kogut, to adopt. Joseph Galotti, made an amendment, seconded by George McGoldrick, to add the following, “Be It Further Ordered, that the City Manager and Corporation Counsel are specifically directed in negotiations with abutters represented that the City will make its best effort to return their property to the condition that it was prior to the work being undertaken. Motion carried unanimously.

Vote taken on base motion as amended and carried unanimously.

Item 16B. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning Grant of Conservation Deed Restriction for Meriden Gas Turbines on 4/21/03, report that they have attended to the matter and recommend the following:

Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.

Be It Ordered, that this item be approved pending Corporation Counsel and Planning Commission approval.

Joseph Galotti, made a motion, seconded by Brian Kogut, to adopt. Motion carried unanimously.

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Item 16C. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning Caretaker Agreement for Broad Brook Filtration Plant on 4/21/03 report that they have attended to the matter and recommend the following:

Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.

Be It Ordered, that this be approved pending Corporation Counsel approval.

Joseph Galotti, made a motion, seconded by Brian Kogut, to adopt. After discussion by the Council, Joseph Galotti, made a motion, seconded by Walter Shamock, to refer to Public Works and Parks & Recreation. Motion carried unanimously.

Item 17A. Your Public Safety Committee, to whom was referred a resolution concerning a fine for obstructing driveways be increased from $10 to $25 on 4/21/03, report that they have attended to the matter and recommend adoption.

Committee: Matthew C. Dominello, Sr., Chairman; Anthony D. Tomassetti, Vice-Chairman; Michael S. Rohde; Keith Gordon; Joseph Ferrigno Feest.

Matthew Dominello, made a motion, seconded by Keith Gordon, to adopt. Motion carried unanimously.

Item 17B. Your Public Safety Committee, to whom was referred a letter to City Council from John Cerrato requesting “No Parking” signs be installed on Prince Street from the entrances of the Polish Knights Club parking lots down to the corner of Willow Street and on the north and south sides of Willow Street for 15 feet on 5/5/03, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

Committee: Matthew C. Dominello, Chairperson; 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 and that staff contact John Cerrato prior to painting of the curbs.

Matthew Dominello, made a motion, seconded by Keith Gordon, to adopt. Motion carried unanimously.

Item 18. No report from Economic Development, Housing & Zoning.

Item 19. No report from Human Services.

Item 20. No report from Committee of the Whole.

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As Chairman of the Steering Committee of Meriden Concerned Citizens, LLC, with a membership as of this date of 401 taxpayers and citizens of Meriden, I respectfully request your consideration and assistance in bringing forth the following Resolution before the City Council as soon as possible:

Whereas, the taxpayers and citizens of the City of Meriden have seen an increase in recent years of Public Projects consistently running overtime and over budget; and

Whereas, it is the taxpayers and citizens who inevitably have to bear the consequences of these ongoing instances of cost overruns through either reductions in Municipal services and/or increases in property taxes; and

Whereas, the taxpayers and citizens of Meriden want to now ensure that they have a future role in deciding what Public Projects should or should not be funded with their tax dollars; now, therefore,

Be It Proposed, that pursuant to Section C11-6 of the Meriden City Charter, we request that the City Council implement a Charter Revision that would require a public referendum before committing the funding for public projects of $1,000,000 or more.

Thank you for your timely consideration in this matter. I am available to discuss the particulars of the proposed resolution with you and the City Council at your convenience, as you determine necessary and appropriate.

Meriden Concerned Citizens

Anthony Tomassetti, made a motion, seconded by Walter Shamock, to refer to Committee of the Whole. Motion defeated. Councilors Clermont, Shamock and Tomassetti voted Aye. Stephen Zerio, made a motion, seconded by Joseph Galotti, to file. Motion carried. Councilors Clermont, Shamock and Tomassetti voted Nay.

There being nothing further to be brought before the Council, Stephen Zerio, made a motion, seconded by Patricia Lynes, to adjourn. Motion carried unanimously. The meeting adjourned at 8:00 p.m.

Clerk of the City Council