CITY COUNCIL MINUTES
REGULAR MEETING
AUGUST 18, 2003
The Meriden City Council’s regular meeting of August 18, 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, Keith Gordon, Brian Kogut, Patricia Lynes, George McGoldrick, Michael Rohde, Walter Shamock and Stephen Zerio.
Joseph Galotti arrived at 7:10 p.m.
ABSENT: Anthony Tomassetti was away on business.
OTHERS IN ATTENDANCE: Roger L. Kemp, City Manager and Lawrence J. Kendzior, Corporation Counsel.
Stephen Zerio, made a motion, seconded by Keith Gordon, to bring forth a Consent Calendar and to approve the minutes of July 21, 2003 and to adopt the Consent Calendar as previously prepared. Motion carried unanimously.
CONSENT CALENDAR
Item 1. Petition to Mayor Benigni and Councilor McGoldrick with 27 signatures from residents of South Second Street requesting sidewalk and road improvements was referred to Public Works and Parks & Recreation.
Item 2. Presented by Mark Benigni.
Whereas, the corner of West Main Street and Chamberlain Highway is a dangerous intersection; and
Whereas, vehicles making a left-hand turn leaving the McDonald’s Restaurant pose a hazard with those vehicles making a left-hand turn from Chamberlain Highway on to West Main Street; and
Whereas, the movement of vehicles at this intersection should be improved for the safety of motorists that use this vehicle interchange; now, therefore,
Be It Resolved, that the City’s Traffic Engineer review this intersection with the goal of making recommendations on how to improve the traffic flow at this interchange; and
Be It Further Resolved, that these recommendations be reviewed by the City’s Public Safety Committee for implementation, and the City’s Finance Committee for methods of funding these traffic flow improvements.
Referred to Public Safety and Finance.
Item 3. Presented by Stephen T. Zerio, by request.
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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
Whereas, no offers were received at a foreclosure auction ordered by the Court in the foreclosure auction; and
Whereas, the property is the site of a gasoline/automobile service station and may have environmental problems; and
Whereas, Albert Rosa has offered to purchase the tax liens securing that property for the sum of $45,000; 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 Albert Rosa or his designee, for the payments set forth above.
Referred to Finance.
Item 4. Presented by Michael S. Rohde, by request.
Whereas, the City has received a grant offer from the Federal Aviation Administration, Department of Transportation; and
Whereas, the grant project has been approved for $1,017,100.00 to make improvements at the Meriden-Markham Airport; and
Whereas, this includes a Federal share of $915,390.00, a State DOT’s share of $76,285.50, and the City’s share of $25,427.50; and
Whereas, the City Council has already authorized funding for this project; now, therefore,
Be It Resolved, by the City Council that Roger L. Kemp, City Manager of the City of Meriden, be and hereby is authorized to execute on behalf of the City of Meriden a grant agreement and any other additional materials or documents with the Federal Aviation Administration for financial assistance to improve Meriden-Markham Airport as provided in said agreement; and
Be It Further Resolved, by the City Council that Roger L. Kemp, City Manager of the City of Meriden, be and hereby is authorized to execute on behalf of the City of Meriden a grant agreement and any other additional materials or
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documents with the State of Connecticut Department of Transportation for financial assistance to improve Meriden-Markham Airport as provided in said agreement.
Adopted.
Item 5. Presented by Patricia D. Lynes.
Whereas, the State of Connecticut Department of Public Health has received federal funds for the purpose of bioterrorism response preparedness; and
Whereas, the State of Connecticut Department of Public Health is increasing the amount of funds to the City of Meriden Health Department to upgrade state and local public health jurisdictions preparedness for and response to bioterrorism, other outbreaks of infectious disease, and other public health threats and emergencies from an amount of $16,882.33 to $26,882.33 for the period 4/1/03-11/1/03; and
Whereas, the City of Meriden desires funds to coordinate and facilitate local health assessments and preparedness planning with state efforts concerning preparedness for a bioterrorism event, specifically for a regional mass smallpox plan; and
Whereas, the receipt of this grant has no financial impact on the City’s General Fund; now, therefore,
Be It Resolved, that Beth Vumbaco, R.N.,M.S., Director of the Department of Human Services, Division of Health, is hereby authorized and directed to enter into contract for a grant from the State of Connecticut Department of Public Health in an amount not to exceed $26,882.33; and
Be It Further Resolved, that Beth Vumbaco, R.N., M.S., Director of Health and Human Services, is hereby authorized to sign such application and that the Division of Health is hereby designated to administer said program and all activities will be carried out under the direction of Beth Vumbaco, R.N., M.S., Director of Health and Human Services.
Adopted.
Item 6. Presented by Mark Benigni, by request.
Whereas, there are numerous athletic fields throughout the City; and
Whereas, these fields would be an opportunity for local businesses to advertise at a low cost; and
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Whereas, these advertisements would provide additional funding for athletic programs; now, therefore,
Be It Resolved, that the Public Works and Parks & Recreation Committee explore the possibility of local businesses advertising at the athletic fields; and
Be It Further Resolved, that the Public Works and Parks & Recreation Committee report back to the Council within 60 days with their recommendation.
Referred to Public Works and Parks & Recreation.
Item 7. Presented by Robert Clermont, by request.
Be It Resolved, that Queen Street be added to the 2004 paving list.
Referred to Public Works and Parks & Recreation.
Item 8. Presented by Stephen T. Zerio.
Whereas, the City Council previously approved $2.0 million in loan funds for the Meriden Manufacturing Assistance Agency (MMAA); and
Whereas, on December 2, 2002, the City Council also approved $100,000 of these funds to be used for economic development-related studies and technical assistance that could result in additional companies locating to Meriden and more job opportunities becoming available for the citizens of Meriden; and
Whereas, the Economic Development Office wishes to conduct a study/survey of Meriden businesses for business retention purposes, a regional analysis of targeted industries, and a local industry cluster analysis which could result in new companies coming to Meriden and retaining existing companies; and
Whereas, Connecticut Economic Research Council (CERC) of Rocky Hill, Connecticut is a non-profit agency created with state and private funds to help municipalities conduct these economic development studies and surveys; and
Whereas, CERC has submitted a proposal to do the aforesaid work for $41,000 and has the expertise to perform this work; now, therefore,
Be It Resolved, that the City Council hereby approves the expenditure of up to a maximum of forty-one thousand dollars ($41,000) of MMAP technical studies funds to hire CERC to conduct the aforementioned studies and survey; and
Be It Further Resolved, that the City Manager is authorized to execute any and all paperwork related to these studies.
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Referred to Economic Development, Housing & Zoning.
Item 9. Presented by Stephen T. Zerio.
Whereas, the City of Meriden wishes to improve its quality of life and create land for redevelopment by eliminating blighted and contaminated properties; and
Whereas, the HUB property located at 1 & 77 State Street and 50 East Main Street is blighted and requires further environmental assessment to determine soil and groundwater contamination; and
Whereas, this environmental assessment is required to redevelop the property; and
Whereas, the US Environmental Protection Agency’s Targeted Site Assessment Program provides funds for environmental assessments of potentially contaminated sites; and
Whereas, the HUB site may qualify as eligible for funding under this program and the city can submit an application for such funds; and
Whereas, this EPA application and funding do not require any expenditure of funds by the City; now, therefore,
Be It Resolved, that the City Council of the City of Meriden hereby approves the submission of an application to the US Environmental Protection Agency under their Targeted Site Assessment Program for the HUB site; and
Be It Further Resolved, that the City Council hereby authorizes the City Manager to execute any and all documents pertaining to this application and program award.
Adopted.
Item 10. Presented by Brian F. Kogut, by request.
Be It Resolved, that Brian Court be added to the 2004 paving list.
Referred to Public Works and Parks & Recreation.
Item 12. Presented by Michael S. Rohde, by request.
Be It Hereby Resolved, that Roger L. Kemp, City Manager, 142 East Main Street, Room 218, Meriden, Connecticut, 06450, is authorized to execute an agreement between the State of Connecticut and the City of Meriden for the
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installation of a traffic control signal at the intersection of Route 5 at Liberty Street in the City of Meriden.
Adopted.
Item 13. Presented by Matthew C. Dominello, Sr. and Anthony D. Tomassetti.
Whereas, the Police Department wishes to renew the lease for the office on Pomeroy Avenue in the City of Meriden; and
Whereas, the Chief of Police wishes to use this office space for another twelve (12) months for law enforcement purposes; and
Whereas, the rent for this space will be paid from the State Narcotic’s Assets Forfeiture Fund; and
Whereas, the extension of this lease is no expense to Meriden taxpayers; now, therefore,
Be It Resolved, that the amount of $6,600 is hereby appropriated from the State’s Narcotics Asset Forfeiture Fund for the payment of this rent for the next six months; and
Be It Further Resolved, that the Legal Department is hereby authorized to prepare a lease extension on this property; and
Be It Further Resolved, that the City Manager is hereby authorized to execute this lease agreement on behalf of the City of Meriden.
Adopted.
Item 14. Presented by George McGoldrick.
Whereas, the City of Meriden is under a Consent Order to replace the dam at Hanover Pond; and
Whereas, the City Council has previously funded the design and property acquisitions to complete this project; and
Whereas, the State of Connecticut is cost-sharing in this project; now, therefore,
Be It Resolved, that the City of Meriden fund the reconstruction of Hanover Pond Dam in the amount of $3,500,000 and that the source of funding be determined by the Finance Committee.
Referred to Public Works and Parks & Recreation and Finance.
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Item 16. Presented by Keith Gordon, Stephen T. Zerio and Matthew C. Dominello, Sr.
Whereas, the current contract extension with Hunter’s Ambulance Service, Inc. expires on September 30, 2003; and
Whereas, the City has negotiated a new contract with Hunter’s providing for service enhancements; now, therefore,
Be It Resolved, that the City Manager is authorized to execute the proposed agreement with Hunter’s Ambulance Services, Inc., on the terms and conditions as set forth in the agreement attached hereto.
AMBULANCE SERVICE AGREEMENT BETWEEN
HUNTER’S AMBULANCE SERVICE, INC.
AND
THE CITY OF MERIDEN, CONNECTICUT
TERM: JULY 1, 2003 THROUGH JUNE 30, 2015
TABLE OF CONTENTS
ARTICLE # TITLE PAGE
I Scope of Services Rendered by Hunter’s 1
II Ambulance Locations 1
III PSAR and First Responder Designation 2
IV Term of Contract 2
V Compensation 2
(A) Annual Compensation 3
(B) Performance-Based Payment 4
(C) Credits for City Employee’s Worker’s
Compensation Emergency 5
(D) Memorandum of Numerical Compensation 6
VI Activation and Response Times
(A) Definitions 6
(B) Exclusions 7
(C) A Change in Response Time for Downgraded Response 8
(D) A Change in Response Time for Upgraded Response 8
VII Responsibilities of the Parties
(A) Definitions 9
(B) Committed Standby Services 9
(C) Non-Committed Standby Services 9
VII Hunter’s Personnel; Cooperation With the City 11
IX Hunter’s Right to Bill 12
X Insurance Requirements 13
XI Compliance with Applicable Laws, Rules and Regulations 14
XII Waiver of Governmental Immunity 15
XIII Dispute Resolution and Mediation 15
XIV Miscellaneous Provisions 16
XV Right To Terminate 16
XVI Notices 17
XVII Conflict; Severability 18
XVIII Nondiscrimination 18
XIX Non-Waiver 18
XX Conditions Precedent 19
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XXI Representations 19
XXII Independent Contractor 20
XXIII Other Provisions 20
Signatures Page 20
THIS AGREEMENT, effective July 1, 2003, is entered into by and between the CITY OF MERIDEN, CONNECTICUT, a Municipal corporation organized and existing under the laws of the State of Connecticut, acting herein through its City Manager, hereinafter referred to as the “CITY”, and HUNTER’S AMBULANCE SERVICE, INC., a Connecticut Corporation having a principal place of business in the City of Meriden, County of New Haven and State of Connecticut, hereinafter referred to as “HUNTER’S”, to provide primary ambulance service to the City of Meriden, upon the terms and conditions hereinafter set
forth.
ARTICLE 1
SCOPE OF SERVICES RENDERED BY HUNTER’S
During the term of this Agreement HUNTER’S agrees to provide two ambulances at the paramedic level and/or EMT level with paramedic intercept services to the CITY to respond to “911” and emergency calls occurring within the boundaries of the CITY. The dispatched level of response shall be subject to principles of closest available unit first, and then by level of certification. The two ambulances shall be equipped and supplied to function at the designated level and shall be dedicated exclusively for service within the boundaries of the City of Meriden, 24 hours a day, 7 days a week, 52 weeks a year. In the event federal or state statutes and/or regulations change with regard to the use of ambulances, HUNTER’S agrees to conform to said statutes and/or regulations.
ARTICLE II
AMBULANCE LOCATIONS
HUNTER’S shall be responsible for providing suitable locations for said ambulances, subject to the approval of the CITY, which approval shall not be unreasonably withheld. The two ambulances required by this Agreement shall be available within the geographical limits of the City of Meriden at all times, one on each side, west and east, of the railroad Main Line located in the City, except when said vehicles are required for mutual aid, mass casualty or system status demands. During the term of this Agreement, HUNTER’S shall maintain its headquarters and main base of operations within the geographical limits of the City of Meriden. The City acknowledges and agrees that the present two locations used by HUNTER’S in the City of Meriden comply with the above requirement.
ARTICLE III
PSAR AND FIRST RESPONDER DESIGNATION
The CITY and the CONTRACTOR agree HUNTER’S is designated by the State of Connecticut Department of Public Health as the primary service area responder (PSAR) at the BA/MIC-P/IC levels for the geographic boundaries of the City of Meriden, and the CITY’S Fire Departments are the designated First Responders for the City of Meriden.
ARTICLE IV
TERM OF CONTRACT
The CITY and HUNTER’S agree that the term of this Contract shall commence July 1, 2003 and shall expire June 30, 2015. The method of compensation by the CITY to HUNTER’S shall be as set forth in ARTICLE V.
ARTICLE V
COMPENSATION
For the term of this Agreement, CITY shall pay HUNTER’S for its services at the annual compensation noted below. The CITY shall pay the annual compensation to HUNTER’S quarterly in advance (July 1st, October 1st, January 1st, April 1st). Said quarterly payments shall be made within thirty (30) days of receipt of Hunter’s quarterly invoice.
A. ANNUAL COMPENSATION. The Total Gross Annual Compensation (“TGAC”) shall be calculated for each year of the twelve-year term of this Agreement as follows:
YEAR ONE – July 1, 2003 through June 30, 2004: The sum of $125,000.00
YEAR TWO – July 1, 2004 through June 30, 2005: The sum of $125,000.00 plus a COLA not to exceed three (3%) percent.
YEAR THREE – July 1, 2005 through June 30, 2006: The sum equal to the Year Two TGAC including the Year Two COLA.
YEAR FOUR – July 1, 2006 through June 30, 2007: The sum equal to the Year Three TGAC plus a COLA not to exceed three (3%) percent.
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YEAR FIVE – July 1, 2007 through June 30, 2008: The sum equal to the Year Four TGAC including the Year Four COLA.
YEAR SIX – July 1, 2008 through June 30, 2009: The sum equal to the Year Five TGAC plus a COLA not to exceed (3%) percent.
YEAR SEVEN – July 1, 2009 through June 30, 2010: The sum equal to the Year Six TGAC including the Year Six COLA.
YEAR EIGHT – July 1, 2010 through June 30, 2011: The sum equal to the Year Seven TGAC plus a COLA not to exceed three (3%) percent.
YEAR NINE – July 1, 2011 through June 30, 2012: The sum equal to the Year Eight TGAC including the Year Eight COLA.
YEAR TEN – July 1, 2012 through June 30, 2013: The sum equal to the Year Nine TGAC plus a COLA not to exceed three (3%) percent.
YEAR ELEVEN – July 1, 2013 through June 30, 2014: The sum equal to the Year Ten TGAC including the Year Ten COLA.
YEAR TWELVE – July 1, 2014 through June 30, 2015: The sum equal to the Year Eleven TGAC plus a COLA not to exceed three (3%) percent.
PERFORMANCE-BASED PAYMENT.
1. For purposes of this section, “Priority One (1) and Priority Two (2) Emergency Calls” and “Response Time” shall be defined in accordance with the protocols agreed upon pursuant to Article VI of this Agreement.
2. HUNTER’S shall use its best efforts to comply with or exceed a Response Time for Priority 1 Emergency Calls of not more than EIGHT (8) MINUTES.
3. HUNTER’S shall use its best efforts to comply with or exceed a Response Time for Priority 2 Emergency Calls of not more than FIFTEEN (15) MINUTES.
4. During the term of this Agreement, the CITY shall pay the annual compensation to HUNTER’S quarterly in advance as follows:
(i)If during a calendar quarter HUNTER’S achieves a response time to Priority 1 emergency calls placed by or through the Meriden Public Safety Answering Point of NOT MORE THAN NINE (9) MINUTES 80% of the time, the CITY shall pay HUNTER’S the full quarterly amount due for such quarter.
(ii)If during a calendar quarter HUNTER’S achieves a response time to Priority 1 emergency calls placed by or through the Meriden Public Safety Answering Point of NOT MORE THAN NINE (9) MINUTES for less than 80% of the time, but at least 75% of the time, the CITY shall reduce the next quarterly payment to HUNTER’S by Ten (10%) Percent.
(iii)If during a calendar quarter HUNTER’S achieves a response time to Priority 1 emergency calls placed by or through the Meriden Police Safety Answering Point of NOT MORE THAN NINE (9) MINUTES for less than 75% of the time, but at least 70% of the time, the City shall reduce the next quarterly payment to HUNTER’S by Fifteen (15%) Percent.
(iv)If during a calendar quarter HUNTER’S achieves a response time to Priority 1 emergency calls placed by or through the Meriden Public Safety Answering Point of NOT MORE THAN NINE (9) MINUTES for less than 70% of the time, but at least 65% of the time, the CITY shall reduce the next quarterly payment to HUNTER’S by Fifty (50%) Percent.
In the event response times are in question, the parties shall meet to discuss and review the details prior to any penalties levied.
5. HUNTER’S shall provide the CITY with a written statistical analysis for the prior calendar quarter of all its emergency responses within the City of Meriden pursuant to this Agreement. Such quarterly reports shall contain, but not be limited to, the total number of calls for the period, the frequency of Priority 1 Emergency Calls and Priority 2 Emergency Calls during various times of the day, and for each call the response time, level of service provided, date, hour, and type of call. A summary page shall also be provided showing the percentage of total calls that generate a specified response time for the period of each call priority. The fourth quarter data shall also include an annual summary.
CREDITS FOR CITY EMPLOYEE’S WORKER’S COMPENSATION EMERGENCY.
When an emergency ambulance is required for the transport of a CITY employee who has had an injury suffered in an accident arising out of or in the course of employment, and the CITY employee is entitled to worker’s compensation benefits from the CITY, the amount of the charge and payment for such emergency ambulance shall be a credit against the payments by the City required by this Article III so long as granting such credit is not in violation, or construed to be a violation, of any state, federal, or local laws, regulations or reimbursement standards. This Agreement contemplates that the CITY shall receive a maximum of ten (10) emergency transport credits per each yearly contract term, and credits shall not apply to the non-emergency transports of such CITY employees.
The CITY shall notify HUNTER’S in writing of any situation requiring such credit, HUNTER’S shall review said request against its records. If there is no discrepancy, HUNTER’S will reflect the credit on its next quarterly invoice to the CITY. HUNTER’S and the CITY agree to discuss any discrepancies regarding the credit(s) sought by the CITY. If the parties fail to reach an agreement, the matter may be submitted to arbitration for resolution as noted in Article XIV of this Agreement.
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D. MEMORANDUM OF NUMERICAL COMPENSATION
HUNTER’S and the CITY agree that once the compensation has been calculated each fiscal year, a memorandum reflecting the numerical compensation as calculated in accordance with this Agreement shall be signed by both parties and shall become a part of this Agreement. The COLA shall be based on the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for all Urban Consumers, CPI-U, Northeast.
ARTICLE VI
ACTIVATION & RESPONSE TIMES
DEFINITIONS.
Activation Time for the ambulances is defined as the time interval from the time of notification to HUNTER’S dispatcher that an emergency exists, as determined by the disconnect time shown on the “911” telephone system, to the time the ambulance is physically rolling, which time will be signified by HUNTER’S dispatcher by communication from the ambulance using the correct radio communication code as set forth in HUNTER’S radio communication protocol.
Response Time is defined as the time interval from notification to HUNTER’S to the time the ambulance is physically on the scene, or available at the scene, which time will be reported to the HUNTER dispatcher by radio communication, using HUNTER’S radio communication code, and shall be the total of activation time and travel time. If response time is in question, times as reported by HUNTER’S dispatch and the CITY’S dispatch shall be compared to identify the reason for the discrepancy.
Travel Time means the measure of time from the beginning of the response of HUNTER’S ambulance to its arrival on the scene.
Response Time Summary means the records kept by HUNTER’S on a daily, weekly and monthly basis.
Priority One (1) Emergency means a life-threatening emergency.
Priority Two (2) Emergency means a non-life threatening emergency.
EXCLUSIONS. “911” and other emergency calls shall be excluded from the activation and response time calculations for the following conditions only:
Systems over-load which is defined as the event of receiving more than two (2) separate emergency calls within fifty-nine (59) minutes and fifty-nine (59) seconds of each other, or receiving a single emergency call where more than two (2) ambulances are dispatched at the same time to the same incident, or a combination of receiving simultaneous emergency calls and calls requiring more than one ambulance response.
Disaster in Meriden or contiguous Towns;
Extraordinary weather conditions that make rapid response time unreasonable;
Power failure in the CITY OF MERIDEN, causing loss of lights making driving hazardous, or power failure creating the delay in radio communication;
Any act of God or occurrence beyond the control of HUNTER’S;
A vehicle collision which disables an ambulance which has been dispatched and for which the driver of such ambulance is determined not to be at fault, after final court determination;
Contemporaneous response to a major disaster, riot or civil disturbance;
Hospital diversion;
Strike or Lockout by HUNTER’S employees;
Caller provides the wrong address.
A CHANGE IN RESPONSE TIME FOR DOWNGRADED RESPONSE. If HUNTER’S has been dispatched on an Emergency Call, but prior to ambulance arrival on scene, an authorized member of the CITY’S Fire or Police Department(s) trained to the Medical Response Technician level or higher who is on-scene as a First Responder notifies the CITY’S dispatcher that the ambulance should proceed “with the flow of traffic,” then that message shall be communicated by the CITY’S dispatcher to HUNTER’S dispatcher who shall communicate directly to the responding ambulance. The responding ambulance shall then proceed without emergency lights and siren, and the response time shall be subject to the Priority Two (2) emergency time standards as defined in Article V, Paragraph B of this
Agreement.
CHANGE IN RESPONSE TIME FOR UPGRADED RESPONSE. If HUNTER’S has been dispatched on a Non-Emergency Call, but prior to ambulance arrival on scene either (a) the CITY’S dispatcher receives additional information indicating a life-threatening condition may exist on this call, or (b) an authorized member of the CITY’S Fire or Police Department(s) trained to the Medical Response Technician level or higher who is on-scene as a First Responder notifies the CITY’S dispatcher that the ambulance should proceed in “emergency mode,” then that message shall be communicated by the CITY’S dispatcher to HUNTER’S dispatcher who shall communicate directly to the responding ambulance. The responding ambulance shall then proceed with emergency lights and siren, and the
response time limit set out in this agreement shall apply from the time HUNTER’S dispatcher notifies the responding ambulance of the status change for that particular call.
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ARTICLE VII
RESPONSIBILITIES OF THE PARTIES
DEFINITIONS. As used in this Article, the following terms shall have the following meanings:
Committed Standby Service shall mean when a dedicated unit of HUNTER’S as defined in Article I of this Agreement is requested to provide dedicated standby service for incidents or events as described in Section B below by authorized representatives of the CITY, the CITY and HUNTER’S agree that such unit shall only be free to respond to other calls in HUNTER’S service area when released by the Incident Commander, Event Coordinator, HUNTER’S manager, or their designees.
Non-Committed Standby Service shall mean when any unit of HUNTER’S is requested to provide standby service as described in Section C below for a City, Scholastic, or other event by authorized representatives of the CITY, the CITY and HUNTER’S agree that such unit may respond to other calls occurring within HUNTER’S service area.
COMMITTED STANDBY SERVICES. HUNTER’S shall promptly, and without delay, respond to the following calls and provide committed standby service within the agreed upon service areas:
“911” and Emergency Calls occurring within the boundaries of the CITY;
A call placed by any person for the emergency transport of a City of Meriden employee within the City of Meriden, who has an illness, injury, or has had an accident arising out of, or in the course of employment with the CITY;
A call placed by the Chief of Police or his designee for the emergency transport of a prisoner in the custody of the Police Department of the CITY;
A call placed by the Chief of Police, the Fire Chief, the Director of Civil Preparedness, the Director of Health, the City Manager, or their respective designees, or a Dispatcher, for an ambulance to be present at any police, fire, hazardous materials situation, or other City emergency, where it is believed life-threatening emergencies are likely to occur.
NON-COMMITTED STANDBY SERVICES. HUNTER’S shall respond and provide non-committed standby service within the agreed upon service areas to calls approved in advance by the City Manager and placed by the Director of Health, the City Manager, the Superintendent of Schools, or the Director of Public Works, Parks & Recreation for an ambulance to be present at athletic events, school events, and civic events. A schedule of said events shall be mutually agreed to on a quarterly basis by HUNTER'’ and the CITY not less than thirty (30) days in advance of each calendar quarter.
In situations where HUNTER’S is on a non-committed standby, HUNTER’S will provide a non-emergency response, unless there are known injuries, in which case a Priority 1 response may be provided. If a non-committed ambulance leaves a standby, a substitute ambulance may be provided to cover the standby assignment. If a paramedic ambulance is on standby, HUNTER’S shall have the right to substitute a basic ambulance to allow the paramedic ambulance to respond to any emergency call.
ARTICLE VIII
HUNTER’S PERSONNEL; COOPERATION WITH THE CITY
HUNTER’S represents that it shall, for the term of this Agreement, employ only duly qualified and certified personnel to perform the services herein specified, and that such personnel shall be sufficient in number to safely and efficiently carry out said services. Qualifications, certifications and number of personnel shall conform to the Regulations of the State of Connecticut Office of Emergency Medical Services.
HUNTER’S shall provide trained personnel to answer emergency telephone calls at all times. HUNTER’S shall maintain state-of-the art ambulances and equipment, including all necessary radios and telephone lines to facilitate communications with the dispatch center of the CITY (which is the primary answering point), emergency medical services vehicles, medical control hospital emergency rooms, and the regional EMS communications center. This Agreement contemplates that HUNTER’S will not have to provide Emergency Medical Dispatch (EMD).
HUNTER’S agrees to cooperate with the Police, Fire and Health Departments of the CITY to work actively together with such Departments for the benefit of the citizens. So long as it is not in conflict with its service obligations, HUNTER’S agrees to provide periodic orientations with emergency personnel within the CITY, including, but not limited to the Police and Fire Departments; upon the CITY’S request and in conjunction with other CITY resources, HUNTER’S agrees provide, at mutually agreeable locations, dates and times, cardiopulmonary resuscitation (CPR) seminars and re-certification courses for CITY employees up to three times per year. HUNTER’S recognizes its role in the community as a public health and safety provider and agrees to host and perform public education events,
including but not limited to, tours and ambulance, first aid and CPR demonstrations, so long as they are not in conflict with HUNTER’S service.
HUNTER’S agrees to cooperate and participate with the CITY in the formation of an Emergency Services Committee, consisting of the Executive Vice President and Chief Operating Officer of HUNTER’S, or his designee; and the City Manager, the Fire Chief, and the Chairman of the City Council’s Public Safety Committee, or their respective designees. The purpose of the
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Committee will be to review emergency preparedness and issues of mutual concern, including fractile response times, volume reports, volume projections, morbidity and mortality, population patterns, and future needs, as well as any citizen complaints. The Committee will meet quarterly or as scheduled from time to time.
HUNTER’S shall designate a management person to respond to complaints filed by users who are residents of or visits to the CITY. A copy of all written complaints relating to service within the CITY, which complaints are filed by users, shall be forwarded to the CITY within ninety-six (96) hours of receipt of same by HUNTER’S, and a report and investigation and response to said complaint shall also be forwarded to the CITY in a reasonably timely manner. HUNTER’S may redact any information necessary to comply with applicable laws regarding patient confidentiality.
ARTICLE IX
HUNTER’S RIGHT TO BILL
Except as otherwise set forth in this Agreement, HUNTER’S shall have the right, regardless of whether the ambulance call is made by a City Officer or employee or otherwise, to charge any person for the ambulance service it renders. In no event shall the CITY be personally liable (unless self-insured) for any payment of such charge for ambulance service. HUNTER’S shall bill patients at such rates and charges as shall be approved from time to time by state and governmental agencies having jurisdiction over and control of such rates and charges.
ARTICLE X
INSURANCE REQUIREMENTS
HUNTER’S shall procure and maintain for the life of the Contract $5,000,000.00 BI/PD combined single limit Comprehensive General Liability Insurance, naming the CITY as additional insured, with Insurance Carriers licensed and authorized to underwrite such liability in the State of Connecticut. The CGL policy shall include the endorsement of malpractice risks.
HUNTER’S shall procure and maintain for the life of the Contract $5,000,000.00 BI/PD combined single limit Comprehensive Automobile Liability Insurance, naming the CITY as additional insured, with Insurance Carriers licensed and authorized to underwrite such liability in the State of Connecticut.
HUNTER’S shall procure and maintain for the life of the Contract Statutory Workers’ Compensation and Employer’s Liability Coverage designed to indemnify all HUNTER’s employees in the event of occupational injury and/or disease, with Insurance Carriers licensed and authorized to underwrite such liability in the State of Connecticut. HUNTER’S shall furnish to the CITY photocopies of the State of Connecticut ambulance license and certification. HUNTER’S will present photocopies of renewals of the above documents to the CITY within five days of its receipt of said renewals.
HUNTER’S shall indemnify and save harmless CITY, and all appointed or elected officers, official directors, committee members, employees, volunteer workers, commissioners, and any affiliated, associated, or allied entities and/or bodies of, or as may be participated in by the CITY, or as may now or hereinafter be constituted or established from and against all claims, damages, and losses and expenses arising out of or resulting from the performance of the work under this Contract, provided that any death, or to injury to, or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of HUNTER’S, or anyone directly or indirectly employed by HUNTER’S for whose
acts they may be liable.
HUNTER’S shall not commence work under the terms of the Contract until it has filed Certificates of Insurance with the CITY, and the CITY has approved the Certificates of Insurance and the represented coverage.
ARTICLE XI
COMPLIANCE WITH APPLICABLE LAWS
RULES AND REGULATIONS
All services furnished by HUNTER’S under this Agreement shall be rendered in full compliance with all applicable Federal, State and Local Laws, Rules, and Regulations. In the event changes occur in Federal, State or Local Laws, Rules, and Regulations affecting HUNTER’S performance under this Agreement, and the nature of such change or changes might reasonably be expected to increase HUNTER’S cost of operations, HUNTER’S may request an equitable adjustment in compensation. If HUNTER’S and the CITY are unable to reach an agreement on said adjustment, HUNTER’S and the CITY agree to refer the matter to Mediation in accordance with Article XIII of this Agreement.
No performance by either Party to this Agreement shall be required if the same shall be in violation of any present or future Federal, State or local statutes, regulations or rules pertaining to emergency medical services.
ARTICE XII
WAIVER OF GOVERNMENTAL IMMUNITY
Unless otherwise requested or directed by the CITY, the defense of governmental immunity shall not be available to HUNTER’S in the adjustment of claims or in the defense of legal actions arising out of, or resulting from the HUNTER’S operation under this Agreement. Nothing therein shall serve to deprive the City of such defense.
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ARTICLE XIII
DISPUTE RESOLUTION AND MEDIATION
Both parties agree to make a good faith attempt to resolve all disputes regarding the terms and conditions of this Agreement by first using direct oral communication. Upon the request of either party, any dispute that cannot be resolved shall be promptly submitted to mediation for resolution before a sole mediator. The mediator shall be selected by mutual agreement, or by obtaining a list of five qualified arbitrators from the Connecticut State Board of Mediation and Arbitration, and by alternately striking names. Both parties agree that for any dispute submitted to mediation, they will cooperate to insure that the mediator is selected forthwith, that meetings or hearings are promptly held, and that a decision is rendered quickly. Both parties shall
share the cost of the mediator equally. Each party shall bear the cost of its own witnesses, attorney’s fees and other expenses presenting the case in mediation. If the parties reach settlement during mediation, the agreement shall be reduced in writing. The existing Agreement between the CITY and HUNTER’S shall be modified in accordance with the parties’ agreement or with any award of the mediator, if necessary.
ARTICLE XIV
MISCELLANEOUS PROVISIONS
Throughout this Agreement, HUNTER’S shall immediately notify the CITY in writing of any and all claims, accidents and/or incidents that might give rise to litigation arising out of HUNTER’S performance pursuant to this Agreement.
HUNTER’S agrees to undertake negotiation with the CITY and area Hospital(s) to develop direct communications with the emergency rooms of said Hospital(s), and to develop a medical control agreement and appropriate medical protocols.
This Contract shall not be assignable by HUNTER’S without the written permission of the CITY, which permission shall not be unreasonably withheld.
ARTICLE XV
RIGHT TO TERMINATE
Each Party has the right to terminate this Agreement for non-performance by the other Party. Provided, however, that upon evidence of a breach or non-performance by a Party, written notice shall be sent to the other Party, and the non-performing Party shall have fifteen days to cure. If the non-performance or breach is cured, then the right to terminate shall not exist.
CITY may, at its option, terminate this Agreement (a) upon the sale of more than fifty (50%) percent of the stock of HUNTER’S; (b) the sale of substantially all of the assets of HUNTER’S; or (c) if the Hunter family members are no longer owners of HUNTER’S.
The CITY may terminate this Agreement in the event that HUNTER’S license to operate an ambulance service in the State of Connecticut is suspended or terminated, unless such suspension or termination is stayed. The CITY may terminate this Agreement in the event that HUNTER’S shall make an assignment for the benefit of creditors or shall file a voluntary petition under the bankruptcy or insolvency laws, or an involuntary petition alleging an act of bankruptcy or insolvency is filed against HUNTER’S seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under present or any future applicable federal, state or other statute or law, or HUNTER’S shall seek or consent to or acquiesce in the
appointment or any trustee, receiver, or liquidator of all or any substantial part of its properties or whenever a permanent or temporary receiver is appointed for it or its property, or if HUNTER’S shall plead bankruptcy or insolvency as a defense in any action or proceeding.
Any termination shall be by written Notice, provided in accordance with Article XVI of this Agreement, which shall be effective upon receipt by the party to whom directed.
ARTICLE XVI
NOTICES
All Notices sent under this Agreement shall be mailed by CERTIFIED MAIL, RETURN RECEIPT REQUESTED or sent by overnight mail via Federal Express, Express Mail, or UPS to the following address, or to such address or other persons as the Parties may designate in writing:
NOTICE TO THE CITY:
City Manager’s Office
City Hall
142 East Main Street
Meriden, CT. 06450
NOTICE TO HUNTER’S: With A Copy To:
Hunter’s Ambulance Service, Inc. Hunter’s Ambulance Service, Inc.
Attn: Dan M. Hunter, Executive VP & COO Attn: Corporate Counsel
450 West Main Street 450 West Main Street
Meriden, CT. 06451 Meriden, CT. 06451
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ARTICLE XVII
CONFLICT; SEVERABILITY
Nothing in this Agreement is intended to conflict with federal, State or City directives or applicable Laws. If the terms of this Agreement are inconsistent with assisting directive or with applicable Law, then those portions of this Agreement which are determined to be inconsistent shall be invalid; but, the remaining terms and conditions of this Agreement shall remain in full force and effect.
ARTICLE XVIII
NONDISCRIMINATION
HUNTER’S agrees not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation or national origin. HUNTER’S agrees that in performing this Agreement it will at all times comply with the provision of Title II, the nondiscrimination and access requirements, of the Americans With Disabilities Act.
ARTICLE XIX
NON-WAIVER
Any waiver of any breach of covenants herein contained to be kept or performed by HUNTER’S, shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the CITY from pursuing remedies as provided in this Agreement or provided by Law for any succeeding breach either of the same condition or covenant, or otherwise.
ARTICLE XX
CONDITIONS PRECEDENT
This Agreement shall be conditioned on the receipt by the CITY from HUNTER’S of a copy of its license to conduct an ambulance service in the State of Connecticut, a corporate certificate of good standing , and an opinion letter from HUNTER’S counsel. The opinion letter shall be in a form reasonably satisfactory to the CITY’S counsel stating the following: (a) HUNTER’S is a corporation duly incorporated and organized, validly existing, and in good standing under the laws of the State of Connecticut; (b) HUNTER’S has the requisite corporate power and authority to enter into and perform its obligations under this Agreement; and (c) the transactions contemplated herein have been duly authorized by its Board of Directors, and all other
necessary corporate action by HUNTER’S has been taken; and (d) this Agreement has been duly executed and delivered by HUNTER’S and constitutes its legal, valid and binding obligation, enforceable in accordance with its terms.
ARTICLE XXI
REPRESENTATIONS
HUNTER’S represents that:
It s in compliance with all federal, state and local laws in order to allow it to operate as a paramedic ambulance service;
It has corporate authority to enter into this Agreement; and
It has disclosed to the CITY any material violations of any of the laws specified in subparagraph A. above within the last five yeas.
The City represents that this Agreement has been authorized and approved by the requisite authorities and that the City Manager has authority to execute this Agreement on behalf of the CITY.
ARTICLE XXII
INDEPENDENT CONTRACTOR
The status of HUNTER’S as it relates to the CITY is that of an independent contractor. Under no circumstances shall HUNTER’S, its employees or agents be considered as officers, employees or agents of the CITY nor shall HUNTER’S represent that it or any of its agents or employees is an agent or employee of the CITY. This Agreement shall not constitute a contract of employment and shall be considered as an agreement for independent services.
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ARTICLE XXIII
OTHER PROVISIONS
This document represents the entire agreement of the parties. No amendment to this Agreement shall be valid unless it is in writing and signed by both parties to the Agreement. This Agreement may be executed in any number of counterparts all of which, when taken together, shall constitute one agreement. This Agreement shall be construed and enforced, in all respects, under the laws of the State of Connecticut.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year noted below their respective signatures.
CITY OF MERIDEN HUNTER’S AMBULANCE SERVICE, INC.
BY:_____________________________________ BY:____________________________________________
Roger L. Kemp, City Manager Dan M. Hunter
Its City Manager Its Executive VP and COO
DATE:__________________________________ DATE:_________________________________________
Referred to Finance.
Item 17. Presented by Keith Gordon, by request.
Be It Resolved, that Bruce Lane be added to the 2004 paving list.
Referred to Public Works and Parks & Recreation.
Item 18. Presented by Matthew C. Dominello, Sr., by request.
Whereas, the streetlight on the Pole next to 41 Howe Street shines directly into the resident’s window; and
Whereas, every evening many children in the neighborhood hang around this light, playing ball and making noise; and
Whereas, the Police Department comes out when called regarding the noise but by the time they respond all involved have disappeared; now, therefore,
Be It Resolved, that the Traffic Engineering Department check to see if this light could be moved to another location to avoid the problems in the neighborhood.
Referred to Public Safety.
Item 19. Withdrawn.
Item 20. Presented by Stephen T. Zerio and Brian F. Kogut.
Whereas, the Board of Education has conserved spending on its operating budget from FY2002/03, which has resulted in $335,332 in unspent funds, which the Board chose not to pre-spend, and which funds lapsed back into the City’s general fund; and
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Whereas, the City Council can reallocate this amount to the Board of Education for the current fiscal year, 2003/04, to enable the Board to maintain the essential educational programs for the current fiscal year; and
Whereas, the maintenance and betterment of Meriden’s educational system benefits not only Meriden’s children and young people, but the City and all of its taxpayers as a whole; now, therefore,
Be It Resolved, that the City Council hereby makes a special appropriation to the Board of Education in the amount of $335,332 for FY2003/04; and
Be It Further Resolved, that the City Council expresses its appreciation to the Board for its return of the unspent funds from the prior fiscal year, and makes this appropriation to assist the Board in meeting the necessary expenses of the forthcoming school year.
Adopted.
Item 22. Letter to City Council from Planning Commission re: 183-185 Bunker Avenue and their recommendation that Council transfer ownership to the adjacent property owners and not be combined or used to increase density was filed.
Item 23. Letter to City Council from Ron Tabellione re: 18 wheelers using Yale Avenue as a short cut to Route 68 was referred to Public Safety.
Item 24. Bid Waiver from Mark Zebora, Director of Parks and Public Works to replace lights at Ceppa Field using Musco Lighting was filed.
Item 25. Letter to Mayor Benigni from James Wolfe, Treasurer of Christmas in the Village requesting City of Meriden’s financial help to install American flags on the light posts on Main Street in South Meriden from Hanover Street to River Road was referred to Finance.
Item 26. Letter to City Council from Mr. & Mrs. Michael Mongillo re: Requesting that the Council not endorse the linear trail was filed.
Item 27. Claims submitted against the City by Mark Ragozzino, 35 Park Place, Meriden, CT.; Paul Steffany, 15 Ashwood Terrace, Stratford, CT.; Genowefa & Andrzej Jamrozek, 46 Stonycrest Drive, Meriden; Robert Rivera, 46 Sylvan Avenue, Meriden were referred to Legal and Safety & Risk.
Item 33. Meriden Police Department Monthly Report for June 2003 was filed with City Clerk.
Item 34. Golf Course Commission Meeting Minutes of June 24, 2003 were filed with City Clerk.
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Item 35. Flood Control Implementation Agency Meeting Minutes of June 4, 2003 were filed with City Clerk.
Item 36. Conservation Commission Meeting Minutes of July 2, 2003 were filed with City Clerk.
Item 37. Meriden Aviation Commission Meeting Minutes of July 8, 2003 were filed with City Clerk.
Item 38. Special School Building Committee Meeting Minutes of July 2, 2003 were filed with City Clerk.
Item 39. Meriden Municipal Pension Board Minutes of August 12, 2003 were filed with City Clerk.
Item MNO40. Presented by Brian F. Kogut, by request.
Whereas, the City can charge selected overhead expenses to state and federal grant programs; and
Whereas, before making these charges the city needs a cost allocation plan prepared by and independent consultant; and
Whereas, it is common practice to have such a study undertaken prior to charging these grant programs; now, therefore,
Be It Resolved, that the City Manager be authorized to solicit RFPs for a cost allocation study; and
Be It Further Resolved, that the amount of $15,000 is hereby made available from the Contingency Budget for this purpose.
Referred to Finance.
Item MNO41. Presented by Robert Clermont.
Whereas, outdoor lighting installations should be used to promote safety and security and for other lawful purposes; and
Whereas, such lighting should be used in a manner that minimizes unnecessary glare, light trespass, and degradation to the nighttime visual environment, and not be used to annoy or harass; now, therefore,
Be It Resolved, that the following be enacted as Chapter 130 of the City Code, and that such ordinance be effective upon adoption and that publication thereof be dispensed with.
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Chapter 130
LIGHTING RESTRICTIONS
§130-1. Restrictions on lighting.
No person or entity shall have, keep, maintain, or cause or permit to be kept or maintained any flood, spot, or reflector type lumenaire, or lighting for illumination of signs or for other purposes, on any property in such manner that its light is directed or reflected into any residential building within 500 feet of the property contained the flood, spot or reflector lumenaire or lighting so as to annoy or harass any occupant of such building.
No person or entity shall have, keep, maintain, or cause to be kept or maintained any flood, spot, or other reflector –type lumenaire on any property in such manner that it sheds light more than .25 candle power over the property line of any other property belonging to another person or entity.
No person or entity shall have, keep, maintain, or cause to be kept any lumenaire with a lamp or lamps rated at more than 1800 lumens, nor any flood or spot lumenaire with lamps rated more than 900 lumens, that emits any direct light above a horizontal plane through the lowest direct light-emitting part of the lumenaire.
§130-2. Exceptions.
Lumenaires used for public roadway illumination, all temporary emergency lighting, and all hazard warning lumenaires required by federal or state regulatory agencies shall be exempt from the requirements of this chapter.
§130-3. Penalties and enforcement.
A violation of this chapter shall be punishable by a fine of ninety-nine dollars ($99.00). Each day such violation exists shall constitute a separate offense. The provisions of this chapter may be enforced by citation, in addition to all other remedies allowed by law. The following persons shall have the authority to issue citations for violations of this chapter: any City of Meriden police officer, the Director of Development and Enforcement, the Zoning Enforcement Officer, the Building Official, any Housing Inspector.
Referred to Planning and Economic Development, Housing & Zoning for Public Hearing.
END OF CONSENT CALENDAR
Presentation A. Mayor Benigni asked William Godburn of the Antique Veterans’ to come forward and join him, Deputy Majority Leader Dominello and Deputy Mayor Shamock in
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the ellipse. Mr. Godburn presented the Council with a framed picture of the Antique Veterans’. The Council gave Mr. Godburn a standing ovation.
Presentation B.
Official Citation
Presented by Mayor Mark Benigni
Be it hereby known to all that:
The City Council of Meriden, Connecticut
In grateful recognition of services
Devotedly and faithfully rendered to this City
Hereby offers its sincerest congratulations to:
The coaches and members
In recognition of
Being coaches or members of the Meriden Youth Travel League 15U Intermediate Division that won the Silver Medal in the Intermediate Division of the Nutmeg Games.
The citizens of Meriden extend their very best wishes on this memorable occasion and express the hope for continued success.
Given this 18th day of August 2003 at the City Hall of Meriden, Connecticut
By Mark Benigni, Mayor
Mayor Benigni asked Deputy Mayor Shamock and Majority Leader Zerio to join him in the ellipse. Citations and city pins were given to the following players and coaches: Nate Luce, Rene Nieves, Chris Pittman, Paul Scarfo, Ben Shafer, Ben Wolf, Jacob Baronoski, Matt Corsetti, Marty Gaffey, Brian Hollman, Jordan Jarvis, Justin Poirier and Coaches Doug Wedge and Andy Gregg.
Official Citation
Presented by Mayor Mark Benigni
Be it hereby known to all that:
The City Council of Meriden, Connecticut
In grateful recognition of services
Devotedly and faithfully rendered to this City
Hereby offers its sincerest congratulations to:
The coaches and members
In recognition of
Being coaches or members of the Meriden Youth Travel League 18U Connie Mack Team that won the Gold Medal in the Scholastic Division of the Nutmeg Games.
The citizens of Meriden extend their very best wishes on this memorable occasion and express the hope for continued success.
Given this 18th day of August 2003 at the City Hall of Meriden, Connecticut
By Mark Benigni, Mayor
Mayor Benigni asked Deputy Mayor Shamock and Majority Leader Zerio to join him in the ellipse. Citations and city pins were given to the following players and coaches: Justin Febles,
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Joel Melendez, Brian Murray, Eric Proctor, Ryan Terrenzi, Kyle Dahn, David Donadio, Michael Giacco, Michael Melendez, Patrick Orzel, Jason Pires, Eric Ranzinger, Joey Rios, Rob Sheehan, Brian Spencer, Ryan Wedge and coaches Gene Overstrom, Jay Lamay, Dan Molis and Randy Parisi.
Item 11. Presented by Michael S. Rohde, by request.
Be It Hereby Resolved, that Roger L. Kemp, City Manager, 142 East Main Street, Room 218, Meriden, Connecticut, 06450, is authorized to execute an agreement between the State of Connecticut and the City of Meriden for the installation of a traffic control signal at the intersection of Route 5 at Gypsy Lane and Green Road in the City of Meriden.
Stephen Zerio, made a motion, seconded by Brian Kogut, to adopt. Motion carried unanimously.
Item 15. Presented by Mark D. Benigni, Stephen T. Zerio, Matthew C. Dominello, Sr., George McGoldrick, Michael S. Rohde, Patricia D. Lynes.
Whereas, there is a documented need for more affordable child care facilities in the City of Meriden; and
Whereas, professional childcare creates learning experiences to enable preschoolers to enter school healthy and ready to learn; and
Whereas, a consortium of nonprofit organizations within the City have planned for this facility, received grant funds, and are ready to proceed with this project; and
Whereas, this consortium includes representatives from the following Meriden organizations: Women and Family Center, YMCA, M.H.A., Head Start, Board of Education, Chamber of Commerce, Conservation Commission, as well as the Children’s First Initiative; and
Whereas, this project includes a childcare facility, a neighborhood center, and access to over 50 acres of open space to be used as nature center; and
Whereas, to accomplish this project, this organization needs a portion of the City-owned Bailey Avenue property, and access to the adjoining open-space acreage; and
Whereas, this project will benefit Meriden families, as well as future generations of Meriden residents; now, therefore,
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Be It Resolved, that the City Council wholeheartedly endorses this project as proposed, and agrees to enter into a conditional 25-year lease agreement, with a 25-year option, for the southerly portion of the Bailey Avenue property (not to exceed 4 acres of net building space); and
Be It Further Resolved, that the Corporation Counsel is hereby directed to prepare a 25-year lease with a 25-year option, on this property for $1.00 per year, with the following condition:
…that the lease expires within 36-months if the consortium does not raise the necessary funds for the proposed on-site improvements, and/or make appropriate application to the city to develop this property during this period; and
Further Resolved, that the City agrees to designate the remainder of this site as permanent open space for the duration of this lease; and
Further Resolved, that the City Manager is hereby authorized to execute this lease agreement on behalf of the City of Meriden.
Stephen Zerio, made a motion, seconded by Michael Rohde, to refer to Economic Development, Housing & Zoning, Planning and Finance Committees. After a brief discussion Joseph Galotti, made a motion, seconded by George McGoldrick, to move the question. Motion carried. Councilor Shamock voted Nay. Vote taken on base motion to refer to Committees and carried. Councilor Shamock voted Nay.
Item 21. Presented by Brian F. Kogut, by request.
RESOLUTION AMENDING A RESOLUTION MAKING APPROPRIATIONS AGGREGATING $10,611,726 FOR VARIOUS PUBLIC IMPROVEMENTS AND EQUIPMENT AND AUTHORIZING THE ISSUANCE OF $10,611,726 BONDS OF THE CITY TO MEET SAID APPROPRIATIONS AND PENDING THE ISSUE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.
Section 1. Section 1(a) of the resolution entitled “Resolution Making Appropriations Aggregating $10,611,726 For Various Public Improvements And Equipment And Authorizing The Issuance of $10,611,726 Bonds Of The City To Meet Said Appropriations And Pending The Issue Thereof The Making Of Temporary Borrowings For Such Purpose” adopted by the Common Council on December 16, 2002 (the “GPIB #56 Resolution”) is hereby amended by adding the following new appropriation:
“Dog Pound/Humane Society Building (0401-7356-887)-$990,000”
thus increasing the total appropriation therein from 46,033,726 to $7,023,726.
Section 2. Section 2(a) of the GPIB #56 Resolution is amended by increasing the amount of bonds of the City therein authorized to be issued from $6,033,7269 to $7,023,726.
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Section 3. Section 7 of the GPIB #56 Resolution shall be applicable to the appropriation added by this amendment, as of the date of adoption of such amendment.
Keith Gordon, made a motion, seconded by Stephen Zerio, to refer to Finance for Public Hearing. Keith Gordon, made an amendment, to change the number $990,000 to $1,200,000 under Section #1 after the words “Dog Pound/Humane Society Building”and that the number $7,023,726 be changed to $7,233,726 and that in Section #2 the number $7,023,726 be changed to $7,233,726. Amendment carried unanimously. Vote taken on base motion as amended and carried unanimously to refer to Finance for Public Hearing.
Item 28A. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning fee structure for Bulky Waste Program on 7/21/03, report that they have attended to the matter and recommend filing.
Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Mr. Rohde stated that the Public Works and Parks & Recreation Committee is currently waiting 90 days to see how the program is working. Councilor Clermont stated he was a little concerned about what the study would show us. He stated the study will show how much money has been collected and how many people have utilized each program. He felt that one of things the study wouldn’t show is the public’s perception of the program, how they feel and who can afford it and who can’t. He stated a lot of citizens that he has talked with are disgruntled with the program because they have to pay. Mayor Benigni thanked Councilor Clermont for all the research he has done on bulky waste. Mayor Benigni
stated he has always had concerns with this program. He stated in his veto budget that he was uncomfortable with how the program was operating and he still is very uncomfortable. He doesn’t feel that the fee structure is acceptable and he isn’t sure that we should be charging at the landfill while the city sorts through these issues. His biggest concern is that we have already budgeted in the budget $150,000 total bulky waste collection fees and landfill collection fees. If you backed out the bulky waste $20 x 2000 pick-ups, it is $40,000 so that is $110,000 that we budgeted for collecting at the landfill that would be in question. When you do some research one would see from July 2002 through May of 2003 there was $57,000 that we had to pay out at the landfill, dump fees. There was $77,000 from the bulky waste dump fees. That is an 11 month figure and that comes to a total of $134,000. If an extra month was added in it
would be $146,000, almost $147,000. We had budgeted in last year’s budget for the dumping fees, $400,000. There would be some hidden expenses in there, like taking freon out of refrigerators and some of the extra expenses down there but very minimal. In last year’s budget alone there was a $250,000 surplus. In this year’s budget the department requested $546,000, city manager brought forward $400,000 and the Council adopted $258,552. The Mayor would like to suspend the fees, stop charging citizens at the landfill as they are being pro-active. He feels that there is probably some flex in this budget line and let the committee sit down and really do their work on this. He feels that we came up with a fee structure too quick. He doesn’t feel that it makes sense that we charge citizens who bring bulky waste to the landfill themselves$20 and charge $20 if the city picks up bulky waste at your doorstep. The
Mayor feels we shouldn’t be picking up from people who don’t pay their back taxes. He feels that if the City wants to
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continue with the $20 fee for pick-up at your doorstep but feels we should suspend fees at the landfill, do our homework and then come forward with a plan that works. The Mayor stated if he had a vote, which he does not, he would be voting with Councilor Clermont tonight and he feels we don’t need to give it 3 months. He stated he has received more emails regarding this issue than any other issue in the city. He feels there are other fee structures that we can look at.
Councilor McGoldrick stated that during the budget discussions that the institution of the fees would be a stop gap measure to ensure that the program would continue to function at all. He feels that we would have had more objections had the program ceased to function, as he was equally certain that people would pay more for a private hauler for this service than they are currently paying under the fee structure. The second point was that the fee structure was deliberately instituted as a temporary provision while all these questions that had been raised would be studied. He stated he would not pre-judge the results of this study or what it would include. He feels the study will be very complete. The Mayor stated he feels there are two separate issues, a landfill issue where we are charging
for people who bring it themselves and a bulky waste issue where someone is paying to have their bulky waste picked up. Councilor Rohde then stated it would have been good if the people that had researched this had shown up at the Public Works and Parks & Recreation Committee to talk to the committee about this. He stated the committee felt that they had made a decision to do a certain process which needed a certain period of time to assess whether in fact the program is working or not. He didn’t expect that it would be short sided relative to the impact of the feedback that was going to be received. Rohde felt that he felt it was short sided to take one year’s experience and extrapolate that. If one looked at the last 3-5 years you would see a whole different picture in cost. He asked City Manager Kemp to inform the Council relative to that that there was a physical rationale for the number that was put forward and it was based on
what we have seen historically with those costs. There are a lot of different approaches to landfill use. We’re under a tremendous pressure from the state on how to use currently. Rohde has talked with others who have used landfills in other communities and they have all kinds of different processes, a lot of discretion at the gate in terms of how much you charge for particular items, ex. television, refrigerator but there is a cost involved. We wind up paying considerable dollars for transferring, dealing with hazardous materials so it is a very complicated issue. It is something you have to look at for a longer period of time than one year because that could be an anomaly. If you based all your decisions on that period of time you could really get short sided. Rohde is a little leery in trying to do something quickly, doesn’t feel all the information is in yet. He wants to see it through to October when the committee will
get a full status report on this and come to a sound decision. That is his recommendation, it was the committee’s unanimous decision to stick with the 90 days.
Mayor Benigni stated he had the numbers for the last three years. In 2001 dump fees were $497,498. At that time the city had the citizens put out their bulky waste and the city would pick up. In 2002 dump fees were $240,008, much closer to what the Finance Committee had put into this year’s budget. Mayor Benigni stated it was projected that this year would be around $150,000.
Councilor Feest stated he knew a lot of work had been put into this item by many of the councilors. He is in favor of waiting the rest of the remainder of time. He doesn’t feel that we
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can get rid of the fee structure as this is going to be a major issue for the long haul. There are ways for us to save money and those ideas should come forward. New Haven has a police officer that checks the garbage that is illegally dumped around the city. If a name is found that goes with that garbage, the person is fined. He wants this to be taken slowly and set up correctly.
Councilor Clermont stated that he met with staff after the Public Works and Parks & Recreation meeting and said most of these numbers came out after the meeting. He stated they didn’t have the numbers prior to the meeting. Clermont stated that it was no disrespect to the committee, he feels they do a fine job. He didn’t have the data to bring to that meeting. He feels we should suspend the fees until October.
Michael Rohde, made a motion, seconded by Joseph Galotti, to move the question. Motion carried. Councilor Clermont voted Nay. Vote taken on base motion to adopt to file and carried. Councilor Clermont voted Nay.
Item 28B. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning purchasing a bronze plaque for servicemen who gave their lives during WWII on 6/16/03, 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 adopted and referred to Finance Committee for source of funding.
Michael Rohde, made a motion, seconded by Walter Shamock, to adopt and refer to Finance. Motion carried unanimously.
Item 28C. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning request of Ed Walsh Little league to purchase a groomer on 6/16/03, report that they have attended to the matter and recommend adoption.
Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Motion carried unanimously.
Item 28D. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning Jack Barry Little League upgrade and improvement list on 6/16/03, report that they have attended to the matter and recommend adoption.
Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Motion carried unanimously.
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Item 28E. Your Public Works and Parks & Recreation Committee, to whom was referred a petition concerning residents from Barr Road to install a water main prior to repair of the street on 7/7/03, report that they have attended to the matter and recommend referral to the Public Utilities Commission for their approval.
Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Councilor Rohde stated that this is a long standing issue for Barr Road. They have a well system there and recently had severe pollution in the wells. He stated that we will be redoing that entire street so the committee wanted to go on record of supporting bringing a water main in for the safety issue and also for the fact that we are going to reconstruct that road so we can do this and won’t have to tear up at some later date. This is the committee’s recommendation to the Public Utilities Commission. Motion carried unanimously.
Item 28F. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning Meriden Land Trust on 6/16/03, report that they have attended to the matter and recommend adoption.
Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Motion carried unanimously.
Item 28G. Your Public Works and Parks & Recreation Committee, to whom was referred the resolution concerning Hubbard and Bradley Bequests on 6/2/03, 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 denied; and
Be It Further Ordered, that the Director of Parks & Public Works will give a yearly report to the Public Works and Parks & Recreation Committee in regards to how these funds are being utilized.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Keith Gordon, made a friendly amendment that there will be a quarterly report instead of a yearly report. After a brief discussion, Patricia Lynes, made a motion, seconded by Joseph Galotti, to move the question. Motion defeated. Councilors Shamock, Feest, Kogut and Clermont voted Nay. Joseph Galotti, made a motion, seconded by Keith Gordon, to add the words “Be It Ordered, that the Director of the Public Works and Parks & Recreation report monthly to the Public Works and
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Parks & Recreation Committee as to the status of this account”. Motion carried unanimously. Vote taken on base motion as amended and carried unanimously.
Item 28H. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning deteriorated curbs on Home Avenue on 6/16/03, 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; and
Be It Further Ordered, that Home Avenue will be put on the Sidewalk List.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Motion carried unanimously.
Item 28I. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning installation of sidewalks on Lambert Avenue on 7/7/03, 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 adopted; and
Be It Further Ordered, that this item be placed on the Sidewalk List.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Motion carried unanimously.
Item 28J. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning City Vehicles taken home by employees on 6/16/03, 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; and
Be It Further Ordered, that a report will be made back to the Public Works and Parks & Recreation Committee by December 1, 2003.
Michael Rohde, made a motion, seconded by Walter Shamock, to adopt. Motion carried unanimously.
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Item 28K. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning an estimate for a sewer and water line at 79 Maple Avenue on 7/7/03, report that they have attended to the matter and recommend denial.
Committee: Michael S. Rohde, Chairperson; Joseph Galotti, Vice-Chairperson; Brian Kogut; George McGoldrick; Walter Shamock.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Motion carried unanimously.
Item 28L. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning temporary asphalt curbs on 7/21/03, 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; and
Be It Further Ordered, that a request will be made for additional funds for the Sidewalk Account.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Rohde stated that this item received considerable discussion and debate at the committee level. What it came down to was the fact that the Public Works Department is responsible for a lot of repair of various curbing. They have been in the practice of installing temporary curbs when necessary. There is some conflict with the Planning Department who is looking to do permanent concrete curbs when at all possible. The problem is that there is not enough money to do this. We have a practical issue to do temporary curbs when necessary. We have a bigger issue of needing and we agree with the idea of doing permanent concrete sidewalks in the future. This resolution tends to deal with both the practicality of
us in a real world situation needing to do temporary curbing as necessary, also recognizing that the long range fix is to have the concrete sidewalks and curbs. It is a practical matter in the short run and a budget issue for this council as the Finance Committee deals with the Sidewalk Account in the future. Rohde also stated that they felt once the City had gotten the streets fairly well taken care of we really should pay attention to the sidewalks. He stated we have some terrible sidewalks in the community that look awful. Those were the elements that were discussed at the committee level and that is why we came up with the resolution to put before you tonight. Motion carried. Councilor Kogut voted Nay.
Joseph Galotti, made a motion, seconded by Michael Rohde, to reconsider. Motion carried unanimously. Councilor Kogut stated that what brought this problem to a head was a situation that happened over on Williams Avenue off of Bradley Avenue. The City had redone the street and actually ripped out the all the existing curbing. In that situation it really isn’t temporary asphalt curbing, it was put back as permanent. They actually removed the concrete sidewalks and curbs that were there and replaced them with asphalt. He asked Councilor Rohde how this would deal with a situation like that. Rohde stated that he believed that the message is this. We are
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looking to go to a permanent solution, concrete. The dollars are currently not available to do this in the extent that we would like to. Rohde thinks that that one instance was a bit of anomaly. He doesn’t believe that we can site many cases where that happens but feels this was done there due to the economics and practicality at the time. He feels that we are all in agreement that the best way to go is permanent concrete when we can, that the word “temporary” is in there for a reason.
Councilor McGoldrick stated to Councilor Kogut that he did pursue the removal of the curbs and he was told they were removed due to the condition of the curbs. A judgement was made that the curbs had deteriorated to a point where they had to be removed. He was more concerned and did pursue with the Parks & Recreation Director the question of temporary nature of curbs that are installed. He was told this has been going on for a number of years and this is not the first time that the asphalt curbs have been used. Vote taken on base motion to adopt and carried unanimously.
Item 28M. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning sanitary sewer main extension to service 1076 Hanover Avenue and other properties on 7/21/03, 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; and
Be It Further Ordered, that this item be referred to Finance for source of funding.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt and refer to Finance. Motion carried unanimously.
Item 28N. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning drainage problem at 6 Collins Parkway on 7/21/03 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 the City Engineer has reviewed this and the city will repair and patch the sink hole; and
Be It Further Ordered, that the City Engineer will send a letter to the property owner in regards to this.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Motion carried unanimously.
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Item 28O. Your Public Works and Parks & Recreation Committee, to whom was referred a letter concerning curbing and storm drain installation on Harrington Street, 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 staff research this and report back their findings to the Committee by October 1, 2003.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Motion carried unanimously.
Item 28P. Your Public Works and Parks & Recreation Committee, to whom was referred a resolution concerning preliminary design for Quinnipiac River Linear Trail 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; and
Be It Further Ordered, that the City Manager work directly with the abutters in regard to property and to include a “hold harmless” agreement.
Michael Rohde, made a motion, seconded by Joseph Galotti, to adopt. Rohde stated that this issue has been before the committee for some time. This is a reaffirmation of a decision that has already been made, in fact to move the linear trail along the Quinnipiac River and to pave it. He stated that this has had a lot of discussion and public debate. Rohde stated this has been well studied and a lot of legitimate issues have been raised by property owners relative to quality of life issues. He stated that the committee has done their very best to address those issues and he credits Councilor Galotti who is chair of the linear trail committee and has diligently worked the process throughout to ensure that we are balancing the quality of life issues for the abutting property owners and the
issues of having a trail that is usable by disabled, by senior citizens and others. Rohde stated that he indicated to the committee that he rode his mountain bike there about 3-4 weeks ago. He stated he was covered with mud when he got done, almost fell a couple of times which made him think about how could people traverse this path the way it is now. It is a beautiful setting with the river along one side and the cliffs along the other side. He felt that it was clear to him that we have a treasure here ready to be put to use for all of our citizens and it is an ideal situation for the public. It will be a tremendous asset to the community, to the South Meriden area for years to come. Research done on linear trails throughout the country are almost exclusively positive. They add to the quality of life for community, they add to property values for homes around, they also tend to beautify the area because we have more people interested in
keeping it litter free and they are self policing because you have so many people using it all the time. Rohde stated this issue has been very thoroughly
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discussed, debated, researched and he is very proud to vote in favor of it and he again thanked Councilor Galotti for all his work on this project.
Councilor Galotti made a an amendment to the committee report. Joseph Galotti, made an amendment, seconded by Brian Kogut, that after the second “Be It Further Ordered” there should not be a period after the word agreement. The words to be added after the word agreement are “regarding liability related to the linear trail and also working with the abutters regarding landscaping and other amenities regarding noise abatement”. Motion to amend carried unanimously. Galotti stated to the Council that this item has been before the Council for about 8 years. He stated that we voted on this two years ago to improve this facility at this site. This resolution is a requirement of the state, to report back to them that we have met with the abutters, which we
have and have used our best good faith efforts to address their concerns which we have. He hopes that the Council votes unanimously for this. Tonight’s vote is not whether or not this is the location of the linear trail. Tonight’s vote is not about whether or not the linear trail should be paved. Those votes occurred several years ago. Tonight’s vote is an affirmation that we have kept our part of the bargain in terms of the process, in terms of meeting with the abutter, in terms of attempting to meet their concerns. This is the best place for the linear trail. Galotti stated we have an excellent opportunity for a superb linear trail but again, that is not what the vote is about. The vote is about reporting that we have done what we are supposed to do, to continue to go forward with a project that we debated, discussed, analyzed and approved several years ago.
Deputy Mayor Shamock stated he has no problem with the linear trail but he believes that it should remain in its natural state, without paving. We have to preserve some of the last remaining trails without paving for future generations. He feels it will never be the same once it is paved. If the linear trail is paved he believes the natural beauty will be gone forever. He asked a member of the Conservation Commission how they voted. They had voted unanimously not to pave that trail. When you pave a trail you leave it open and vulnerable to motorcycles, all terrain vehicles, roller blades. He feels we will ruin that area for generations to come with a paved trail.
Councilor Gordon stated that Councilor Galotti said tonight that we voted two years ago in favor of this. Councilor Gordon was one that had voted in favor of this proposal. One of the reasons was the original trail was going to go either on Evansville Avenue, two feet in front of someone’s doorstep, Webb Street going through someone’s hot tub or Cutlery Avenue, right through their backyards. As most of you know I said I’d be lying down in front of the steamrollers as they came down and would try to stop that. When the trail along the Quinnipiac came up it looked like a win win situation, it wasn’t in front or behind the houses but he had never looked up at the ridge. Prior to April he also agreed that the path should be paved once it was done, one because of ADA
requirements, two having in the past couple of years having had both knees replaced he has had the opportunity to be in a wheelchair and now have more respect for people that are disabled. He feels we all should respect that. There is no reason why someone that has limits to their walking shouldn't be able to enjoy what other people can. Back in April he and Representative Abrams were invited over to a homeowners house on Riverside Drive. He was questioned about who would be cleaning the trail, who is going to patrol it, what were the insurance issues. In regards to maintenance he thought it would be cleaned by the city or the
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Kuhn Agency. In regards to security he hopes that the police patrol when necessary. With regards to insurance issues he feels Councilor Galotti came up with the “hold harmless agreement”. Those issues are no different now with the path, ATVs and dirt bikes are down there now. The concern he had was the noise that he heard. The homeowner explained to him that when people are just walking along the riverbank, she could hear the echo of someone’s cell phone and he heard that. The other residents at the meeting stated that they bought this land because it was pristine and they felt they wouldn’t be bothered. Councilor Gordon sympathizes with the homeowners on those issues. Councilor Gordon stated that after speaking with some of the committee members is
that we are going to have the opportunity to address the noise issue with buffers, with plantings and possible fencing. After speaking with the architect on the council he believes that will help curtail some of that noise. It doesn’t mean it will be eliminated. Under the circumstances he is in favor of this since the city is going to do the best they can to relieve the noise to the homeowners.
Councilor Zerio thanked Councilor Galotti for bringing this item to closure. Zerio reminded the Council to remember that this is a federally funded project and he will be voting in favor of this resolution especially with the amendments that he feels Councilor Galotti has put in to assist with some of the concerns of the abutters. Zerio is also in favor of paving because of the fact that this is a federally funded project and the ADA requirements would actually point to it, but even beyond the fact that it is federally funded, we could be endangering those dollars, one if we don’t pass this resolution and two, if we didn’t comply with ADA requirements. It is the right thing to do, it is the right thing for all of our citizens to enjoy.
Mayor Benigni reminded the Council that the Commission for Persons with Disabilities did vote unanimously in favor of paving the site and also as Joe Zajac mentioned tonight, the Meriden Transit District also voted in favor of paving it. The Mayor stated if the city were to pave the trails at Guiffrida Park or Hubbard Park he would be against it. He feels that we have a unique opportunity to have a linear trail even though ours will be smaller at this point, it will be a mile and a half up and a mile and a half back, a good place for people to exercise. As the city continue to develop this into a recreational area for South Meriden, he feels that the linear trail will only add value to the property owners and to the residents of South Meriden. He looks at this and sees it as a homerun. The
Lions Club did a great job with the Red Bridge Project and many people fish along there, picnic there and feels the linear trail is designed to be able to let everyone use it and it needs to be paved. Benigni stated he participated in the Quinnipiac River Watershed Walk-a-Thon down there and it was sloppy and wet. He feels it can’t be a linear trail under those conditions. He looks forward to jogging the trail. Motion carried to adopt. Councilor Shamock voted Nay.
Item 29A. Your Finance Committee, to whom was referred the resolution concerning amendment to GPIB #56 – “Ceppa Field Lights” on 7/21/03, 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.
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Be It Ordered, that the appropriation of $250,000 be changed to read $200,000 and that the language that states “…from $5,833,726 to $6,083,726” be changed to read “…from $5,833,726 to $6,033,726”.
Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Councilor Kogut stated that when the final figures came in we were able to avoid projected costs from $250,000 to $200,000. Councilor Kogut believes that these will be up and operational before the football season starts barring some very bad span of weather. These lights have a 10 year warranty and the total life expectancy of these lights is about 25 years. Councilor Feest asked if there was a back up plan in case the lights didn’t get up in time. Councilor Kogut stated that there are back up contingency plans but they basically would be that the teams play at their own schools. There is no back up plan for actual lighting. Councilor Gordon stated that the company Mr. Zebora found for the lights is
the same one that put in the lights at Lincoln Middle School. He told Councilor Gordon that those lights are still intact after 11 years because of the quality of the lights. If for any reason the lights have to be changed the company comes and does it for nothing. City Manager Kemp stated that the lights that were going to be used are state of the art and won’t be shining on other peoples’ property and that the off side glare will be minimal. Mayor Benigni asked that the City Manager be directed to stay on top of this project and if there is any delay at all we should know about it immediately. Mayor Benigni feels from what he heard here tonight that the lights will be ready for the football jamboree and if for any reason that is not going to happen we need to be notified immediately. He wants this message to go to Mr. Zebora that if there is a problem the Council needs to know. Mr. Kemp informed the Mayor and Council that Mr.
Zebora knows this.
Councilor Feest would like to know if there is a problem at least one council meeting before so the council would have time to discuss. Councilor Gordon stated that the lights would be in this week, the wiring is in, the poles are painted. Motion carried unanimously.
Item 29B. Your Finance Committee, to whom was referred the resolution concerning an agreement with Supervisors Local #3430 and that $51,639 be transferred from Contingency Fund to appropriate salary line items to cover salary costs on 7/21/03, 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. Councilor Kogut stated that this is a union contract with the Supervisor’s Union and there were significant changes in this one. The City Manager and his staff working with the unions were able to realize some real changes in the contract that long term will result in significant savings to the city. Some of the highlights are: required use of comp time for the first 20 hours instead of overtime, estimate in savings of about $8,000 per year; standby pay has been reduced from 2 people per week at 10 hours to 1 person at 8 hours, estimate of savings $26,000. In the past when supervisors sub for their supervisors who are off they receive acting pay which was usually 15% more. This will not kick in until 5 days
after they have been serving. Also the union agreed to go to direct deposit which will save the city some payroll costs. Schedules have been changed from a Monday through Friday to a Tuesday through Saturday schedule so we save on overtime on the weekends, estimate savings of $16,600. As far as long term savings the top step has been
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eliminated for all individuals hired after 7/1/03 so new employees coming on won’t have as many steps as the current employees. Along the same lines no overtime at the 3 highest ranges for hires after 7/1/03, estimate savings of $20-30,000 per year once all the current employees leave. Vacation time for retirees has been limited to ½ times the annual rate, estimate cost savings of $2,000 per every person that leaves through retirement. The union also agreed that they would switch to a bi-weekly payroll at such time as the other unions agree to do so. With respect to the actual salary increases it is 1.5% the first year, 1.5% in the second year and 3% in the third year. It was a very different contract in that a lot of things were rewritten. Motion carried unanimously.
Item 29C. Your Finance Committee, to whom was referred the resolution concerning fee structure for the Bulky Waste Program be suspended until staff and City Council can determine whether or not fee structure for the use of the landfill meets the expectations of our residents on 7/21/03, report that they have attended to the matter and recommend filing.
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 George McGoldrick, to file. Councilor Kogut stated that this item had been discussed at length during the Public Works Committee Reports and requests that everyone vote in favor of filing. Councilor Gordon will vote to file this but stated that during the budget process when bulky waste came up he and Councilor Clermont voted Nay. He voted nay because he didn’t like the fee structure. He is agreeing to go with the 90 days to see what happens. Motion carried. Councilor Clermont voted Nay.
Item 29D. Your Finance Committee, to whom was referred the resolution concerning Golf Course – Capital Equipment on 7/21/03, 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.
Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Kogut stated that when the budget was crafted this line item was erroneously omitted and this just puts it back where it should be. Councilor Zerio stated that this item had been built in to the revenue projections, so this had no impact on the budget. Motion carried unanimously.
Item 29E. Your Finance Committee, to whom was referred a letter to Mark Zebora from Mark Phillips of Ed Walsh Little League re: Request to purchase a groomer on 6/16/03, 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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Be It Ordered, that the appropriation of $11,535 be approved subject to the recommendation of the Public Works and Parks & Recreation Committee. Source of funding to come from the Contingency Fund.
Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Kogut stated that this was recommended by the Public Works Committee and earlier this evening voted on by the Council. This is the funding mechanism. Kogut explained that there was approximately $33,000 available in state funds for recreational items. Because of the timing of this the committee is recommending the Contingency Fund for this item and the next item as we also did with the South Meriden League a few meetings ago. It is contemplated that this money will be refunded or reimbursed to the Contingency Fund once the grant funds can be freed up. Motion carried unanimously.
Item 29F. Your Finance Committee, to whom was referred a letter to the City Council from Dave O’Leary of Jack Barry Little League re: Upgrade & Improvement list on 6/16/03, report that they have attended to the matter and recommend filing.
Committee: Brian F. Kogut, Chairman; Keith Gordon, Vice-Chairman; Stephen T. Zerio; Walter A. Shamock; Joseph F. Galotti, Jr.
Brain Kogut, made a motion, seconded by Keith Gordon, to file. Kogut stated that this item 29F and the next item 29G are similar. We’ll be filing the first one and acting on the second. Motion carried unanimously.
Item 29G. Your Finance Committee, to whom was referred the resolution concerning an appropriation of $11,000 from the Contingency Fund to implement proposal submitted by Jack Barry Little League on 6/16/03, 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 F. Galotti, Jr.
Be It Ordered, that this approval is subject to the recommendation of the Public Works and Parks & Recreation Committee.
Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Kogut stated that earlier in the evening we adopted this and this is the funding mechanism. Zerio stated he wanted to commend the boards of the respective leagues, South Meriden, Jack Barry and Ed Walsh as well as the Public Works and Parks & Recreation Committee. He stated that the Mayor had proposed use of these funds several months ago. The Finance Committee supported the use of these funds but wanted to see the specific uses. The leagues went back and prioritized their needs and gave very good plans to the Public Works and Parks & Recreation Committee which upon their approval sent to the Finance Committee. Motion carried unanimously.
Item 29H. Your Finance Committee, to whom was referred the resolution concerning filling the positions of custodian, mechanic, parks maintainer and highway maintainer on 6/16/03, report
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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 the filling of the following positions be approved: Highway Maintainer, Highway Laborer and Equipment Operator III.
Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Kogut stated that the Finance Committee has had many requests from different departments to fill vacant positions. The Director of Public Works came before the Finance Committee looking to fill 9 positions. The reason the Finance Committee chose to recommend filling these 3 is because these individuals are necessary to keep the Bulky Waste Program going. Due to some retirements and other type of things that have happened they are very short of people so if the committee opted to not fill these there is a chance that the city might not be able to continue that program from a staffing standpoint. The Mayor asked how many positions were requested to be filled and was told 11. Kogut stated that there were several other
departments that had openings too, which the Finance Committee has opted to not fill at this time but felt these were necessary. Motion carried unanimously.
Item 30. No report from Economic Development, Housing & Zoning.
Item 31. No report from Public Safety.
Item 32. No report from Human Services.
There being no further business to be brought before the Council, Stephen Zerio, made a motion, seconded by Keith Gordon, to adjourn. Motion carried unanimously. The meeting adjourned at 9:15 p.m.
Lori N. Canney
Clerk of the City Council
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