City of Meriden, CT - October 6, 2003 City Council Minutes

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The Meriden City Council’s regular meeting of October 6, 2003 was convened at 7:00 p.m. by Mayor Mark Benigni. Mayor Benigni led the Council in the salute to the flag and Matthew Dominello offered the invocation. The Clerk called the roll. Present: Robert Clermont, Matthew Dominello, Joseph Ferrigno Feest, Joseph Galotti, Keith Gordon, Patricia Lynes, George McGoldrick, Michael Rohde, Walter Shamock and Stephen Zerio.

EXCUSED: Anthony Tomassetti was excused.

ATTENDANCE AT PUBLIC COMMENT: Robert Clermont, Matthew Dominello, Joseph Ferrigno Feest, Joseph Galotti, Keith Gordon, Brian Kogut, Patricia Lynes, George McGoldrick, Michael Rohde, Walter Shamock and Stephen Zerio.

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

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

CONSENT CALENDAR

Item 2. Presented by Stephen T. Zerio, by request.

Whereas, the Planning Division of the Department of Development and Enforcement is responsible for all land-use planning, the administration of major land-use boards (5) and regulation/enforcement of all land-use laws; and

Whereas, the Planning Division is responsible for review, advice, development, and maintenance of municipal parcels; and

Whereas, the Planning Division is the principal division of comprehensive Code Enforcement activity; and

Whereas, the Planning Division is the focal point for all land development (public/private) activity; and

Whereas, the Planning Divisions’ staffing level of 5 employees is one position less than a decade ago, with an increase in responsibility; and

Whereas, Mrs. Helen Stange, after 16 years, has resigned her position of Administrative Secretary effective October 24, 2003; and

Whereas, the position of Administrative Secretary is solely responsible for clerical administrative work of the two important land use boards of the Inland Wetlands and Watercourse Commission and Zoning Board of Appeals; as well as further clerical duties involving Code Enforcement and Planning; now, therefore,

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Be It Resolved, that the position of Administrative Secretary be filled to ensure all statutory requirements and other responsibilities be complied with.

Referred to Finance.

Item 3. Presented by Stephen T. Zerio, by request.

Whereas, the Planning Division is responsible for review, advice, development, and maintenance of municipal parcels; and

Whereas, the Planning Division is the principal division of comprehensive Code Enforcement activity; and

Whereas, the Planning Division is the focal point for all land development (public/private) activity; and

Whereas, the Planning Division’s staffing level of 5 employees is one position less than a decade ago, with an increase in responsibility; and

Whereas, Lata Krishnarao, AICP, after 7-1/2 years, has tendered her resignation and is vacating the position of Assistant Planner on September 23; and

Whereas, the Assistant Planner is a critical position in the development, comprehensive planning, design and code enforcement activities of the city; now, therefore,

Be It Resolved, that the position of Assistant City Planner position be filled immediately to ensure the development activity within the City is not retarded in any way, and Code Enforcement and Urban design activity be maintained at a safe and comprehensive level.

Referred to Finance.

Item 4. Presented by Brian F. Kogut, by request.

Whereas, the Department of Finance has one vacancy which has been funded in this year’s, as well as the coming year’s municipal budget; and

Whereas, this vacancy involves the following position – Accountant; now, therefore,

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Be It Resolved, that the City Manager is hereby authorized to fill this position – Accountant; and

Be It Further Resolved, that the above position is filled effective September 1, 2003.

Referred to Finance.

Item 5. Presented by Michael S. Rohde, by request.

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

Whereas, the property has been appraised at $45,000; and

Whereas, the owner has agreed to accept said amount as the purchase price of the property; and

Whereas, the State of Connecticut has agreed to reimburse the City the full amount of that purchase price; and

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

Whereas, the owner has agreed to pay a sewer connection charge of $2,500 as required by P.U.C. policy; and

Whereas, the acquisition of this property is necessary to secure funding from the State for the Hanover Pond Dam project; now, therefore,

Be It Resolved, that the property at 9 Cutlery Avenue be purchased for $45,000, subject to the easement described above, and that the City Manager and City Attorney be authorized to execute any documents attendant thereto.

Item 6. Presented by Stephen T. Zerio.

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

Whereas, certain of these properties are located at: 25 Colony Street and 33 Colony Street; and

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

Whereas, the Economic Development Task Force recommends these properties be offered for sale through the Request for Proposal process; now, therefore,

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

Referred to Economic Development, Housing & Zoning and Planning.

Item 7. Presented by Keith Gordon.

Be It Resolved, that a stop sign be placed on New Hanover Avenue near the curve going down towards Hanover Road; and

Be It Further Resolved, that the stop sign be installed before the curve to the right going down the hill; and

Be It Further Resolved, that signs about a dangerous curve ahead be installed where needed.

Referred to Public Safety.

Item 10. Presented by Robert Clermont.

Whereas, it is apparent that the City of Meriden has deviated from its ordinance known as 196-4(C)(4); and

Whereas, the above mentioned ordinance states: “The Conservation Commission shall review all permit applications, and make recommendations to the Tree Warden pursuant to Section 7-131a of the Connecticut General Statutes. A permit may be issued without Conservation Commission review, if, in the opinion of the Tree Warden there exists a dangerous or life-threatening condition”; now, therefore,

Be It Resolved, that the City Manager is hereby authorized to take any and all corrective action necessary to ensure that the City of Meriden is in compliance with its ordinance 196-4(C)(4).

Referred to Public Works and Parks & Recreation.

Item 11. Presented by Robert Clermont.

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Whereas, in 1993 the city of Meriden had obtained a temporary easement from the property owners located between Hall Avenue and Lyman Avenue along the west side of Plumb Avenue and the east side of Willis Avenue; and

Whereas, the purpose of said easement was to allow the city to gain access to the back yard of each residential property so that the city could create a culvert from Hall Avenue to Lyman Avenue so as to allow for the passage of water during heavy rainfall; and

Whereas, at the time the culvert was created a drainage pipe was installed beneath Lyman Avenue so as to allow for the continual flow of water from one culvert to another; and

Whereas, the drainage pipe located beneath Lyman Avenue does not appear to be able to accommodate the passage of water from one culvert to another during heavy rainfall and as a result the culvert between Hall Avenue and Lyman Avenue swells; and

Whereas, the swelling of the above mentioned culvert thereby causes the back yards of the contiguous properties to flood, approximately 24 in total; now, therefore,

Be It Resolved, that the City of Meriden shall hereby determine whether or not the drainage pipe beneath Lyman Avenue is adequate enough so as to accommodate the passage of water during heavy rainfall; and

Be It Further Resolved, that the city of Meriden shall hereby determine whether or not the culvert between Lyman Avenue and Stanley Street is adequate enough so as to allow for the passage of water during heavy rainfall.

Referred to Public Works and Parks & Recreation.

Item 12. Presented by Robert Clermont.

Whereas, the asphalt curbing along the frontage of 34 Hillside Street has deteriorated; and

Whereas, the presence of curbing is not only aesthetically pleasing and conforming to other properties on the street, but is also deemed to act as a control to divert rain water traveling down the street towards a storm drain and away from the private properties along the street; and

Whereas, due to the lack of curbing rain water run off traveling down Hillside Street has begun to create erosion to the front yard of 34 Hillside Street; and

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Whereas, the lack of curbing is deemed to be aesthetically unpleasing as compared to the other homes with curbing on Hillside Street; now, therefore,

Be It Resolved, that the City of Meriden shall hereby re-install asphalt curbing along the frontage of 34 Hillside Street.

Referred to Public Works and Parks & Recreation.

Item 13. Presented by Matthew C. Dominello, Sr., by request.

Be It Resolved, that a streetlight be installed or lumens increased on the pole in front of 72 Amity Street.

Referred to Public Safety.

Item 14. Presented by Joseph Ferrigno Feest, by request.

Whereas, $2000 was budgeted in last year’s fiscal budget for the Washington Park Fife and Drum Corps (0001-0214-766); and

Whereas, the money was not spent and none was budgeted for this current fiscal year; now, therefore,

Be It Resolved, that an appropriation of $1000 be appropriated for use by the Washington Park Fife and Drum Corp and that source of funding will be determined by the Finance Committee.

Referred to Finance.

Item 15. Presented by Michael S. Rohde, by request.

Whereas, there is no water main on Barr Road; and

Whereas, several homes on Barr Road have contaminated wells; and

Whereas, the Barr Road residents have petitioned the Public Utilities Commission to install a public water main; and

Whereas, the new water main would provide domestic water service and fire protection; and

Whereas, the Barr Road street reconstruction is a new City project and the water main should be installed prior to, or together with, the street reconstruction; now, therefore,

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Be It Resolved, that the City Council schedule a Public Hearing to consider the proposed water main extension and property assessments on Barr Road.

Referred to Finance for Public Hearing.

Item 16. Presented by Matthew C. Dominello, Sr. and Brian F. Kogut, by request.

Whereas, the U.S. Department of Justice has informed the City that it is eligible for a $34,022.00 grant under the Local Law Enforcement Block Grant program to enhance and expand law enforcement in the community; and

Whereas, prior to the obligation or expenditures of these funds a public hearing on the use of these funds must be held; and

Whereas, there is a required 10% or $3,780.00 cash match which must be authorized; now, therefore,

Be It Resolved, by the City Council that the City Manager, Roger L. Kemp, is hereby authorized to submit to the Department of Justice the City of Meriden’s Local Law Enforcement Block Grant application and execute and submit a grant contract for equipment; and

Be It Further Resolved, that a public hearing be scheduled and held on the proposed use these funds prior the obligation of funds; and

Be It Further Resolved, that the City Council appropriates $3,780.00 as the local cash match for the grant from contingency.

Referred to Public Safety and Finance.

Item 17. Presented by Joseph Ferrigno Feest, by request.

Be It Resolved, that all of Profile Street, running generally north and south, from the northerly streetline of Cold Spring Avenue to the southerly streetline of Dixwell Street, appropriately 700 feet long, is hereby discontinued; and

Be It Further Resolved, that all that portion of Whaley Avenue, running generally east and west, from the westerly streetline of Profile Street, westerly to it’s present end, is hereby discontinued.

The members of the City Council upon adoption of this resolution (in accordance with Section 13a-49 of the Connecticut General Statutes) shall subscribe their name hereto.

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

Referred to Economic Development, Housing & Zoning and Planning.

Item 18. Letter to City Council from Arline Ritchie and Bertha & Raymond Sievert re: Acceptance of Runge Drive as a City street was referred to Economic Development, Housing & Zoning.

Item 19. Letter from Planning Commission re: Bailey Avenue – lease and their recommendation that the City Council enter into a conditional 25 year lease agreement for the southerly portion of Bailey Avenue. The Commission’s positive recommendation is conditioned upon the city not spending any money on road improvements or utility improvements. Filed.

Item 20. Letter to Mayor Benigni from Laura Gallo resigning from the Municipal Pension Board was filed.

Item 21. Email to Walter Shamock from constituent re: Traffic turning onto Pomeroy Avenue from East Main Street was referred to Public Safety.

Item 22. Bid Waiver from Deputy Chief Cossette purchase of 8 Panasonic Toughbook Computers under a State bid was filed.

Item 23. Petition with 12 signatures requesting the city re-direct the flow of the catch basin in front of 473 Paddock Avenue was referred to Public Works and Parks & Recreation.

Item 30. Meriden Police Department Monthly Report of August 2003 was filed with City Clerk.

Item 31. Conservation Commission Meeting Minutes of September 3, 2003 were filed with City Clerk.

Item 32. School Building Committee Meeting Minutes of September 4, 2003 were filed with City Clerk.

Item 33. Public Utilities Commission Meeting Minutes of August 19, 2003 were filed.

Item 34. Public Utilities Commission Meeting Minutes of July 15, 2003 were filed.

Item 35. Golf Course Commission Meeting Minutes of August 26, 2003 were filed.

Item 36. Meriden Municipal Pension Board Minutes of September 9, 2003 were filed.

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Item MNO37. Presented by Robert Clermont.

Whereas, there is currently one 25 mile per hour speed limit sign posted on Kensington Avenue between Lewis Avenue and Chamberlain Highway; and

Whereas, due to the placement of the above mentioned speed limit sign it is visible only to those vehicles traveling along Kensington Avenue in the westerly direction. As a result vehicles traveling in the easterly direction may not be aware as to the speed limit along the street; now, therefore,

Be It Resolved, that the City of Meriden shall hereby install a speed limit sign, which shall be visible to vehicles traveling in the easterly direction along Kensington Avenue between Chamberlain Highway and Lewis Avenue.

Referred to Public Safety.

Item MNO38. Presented by Matthew C. Dominello, Sr.

Whereas, State funding for the DARE Program has been eliminated; and

Whereas, funds are available in the City’s Asset Forfeiture Account to offset this revenue loss; and

Whereas, the Asset Forfeiture Funds can be used for this purpose; now, therefore,

Be It Resolved, that the amount of $5,000 is hereby transferred from the Asset Forfeiture Account to the Police Department Budget; and

Be It Further Resolved, that these funds be used to maintain the City’s DARE Program.

Item MNO39. Presented by Mark D. Benigni, Stephen T. Zerio and Joseph Ferrigno Feest.

Whereas, Code Enforcement efforts throughout the City have been successful in the restoration and maintenance of City neighborhoods; and

Whereas, it is not only desirous, but necessary to bring the City to the next step of preservation of safety, health, welfare and aesthetics of the neighborhoods; and

Whereas, it is obvious that the next stage must be a cooperative and comprehensive effort to control blight; now, therefore,

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Be It Resolved, that the City Council adopts and resolves to enforce the attached “Anti-Blight Ordinance” per state enabling legislation of the Connecticut General Statutes §7-148 (c)(7)(H)(xv).

Chapter 17, Article 1, Anti-Blight Ordinance

§17.1. Declaration of Policy.

This ordinance is to be known as the Anti-Blight Ordinance and is enacted pursuant to the authority granted to the City of Meriden under Connecticut General Statutes §7-148(c)(7)(H)(xv).

It is found that there exists within the City of Meriden a number of real properties that are in blighted condition, and the continued existence of these properties contributes to the decline of neighborhoods. It is further found that the existence of such properties adversely affects the economic well being of the City and is adverse to the health, safety and welfare of its residents. It is further found that many of the properties can be rehabilitated, reconstructed, demolished and/or re-used so as to provide decent, safe and sanitary housing and commercial facilities, and that such rehabilitation, reconstruction, demolition and/or re-use would eliminate, remedy and prevent the adverse conditions described above.

This code is intended to enhance the minimum standards governing the condition and maintenance of occupied and unoccupied premises, and to establish reasonable safeguards for the health, safety and welfare of the occupants and users of said premises, the community, and the general public. Further, this code is intended to maintain and preserve the integrity of City neighborhoods, to preserve and protect property values, and to control visual blight.

To encourage voluntary compliance with the objective of this ordinance, no citations will be issued for anti-blight violations for a period of six months after adoption of this ordinance.

The intent of this ordinance is to provide additional leverage to Code Enforcement personnel in an effort to bring properties into compliance. Especially those properties where violations are repeatedly found and compliance could not be obtained through other code enforcement efforts. Those who are responsible for the blighted conditions of properties and who have failed to comply with other codes or orders will be subject to the strict enforcement of this ordinance.

§17.2. Creation or maintenance of blighted premises prohibited.

No owner, agent, tenant, firm, corporation, or person in control of real property, taxable or tax exempt, located in the City of Meriden shall create, allow, maintain, or cause to be maintained, continued, or suffer to exist a blighted premise.

§17.3. Definitions.

For the purposes of this ordinance, the following words, terms and phrases shall have the following meanings, unless the context clearly indicates otherwise.

Blight – Any building or structure or any parcel of land in which at least one (1) of the following conditions exist shall be considered blighted.

It is becoming dilapidated as defined herein.

It is not being maintained as defined herein.

It is a fire hazard as determined by the Fire Marshall or documented by the Fire Department or the Building Department.

It is unsanitary as determined by report of the Department of Health that existing conditions constitute a life threatening hazard or a hazard that puts at risk the health or safety of the citizens of the city.

It is a factor creating a substantial and unreasonable interference with the reasonable and lawful use and enjoyment of other space within the neighborhood.

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It is a substantial factor causing serious depreciation of the property values in the neighborhood.

There exists at the property conditions promoting rodent harborage and/or infestation.

There exists at the property overgrown shrubs, brush or weeds.

Parking lots/areas are left in a state of disrepair or abandonment and/or are used to store abandoned or unregistered vehicles.

Chimneys and similar appurtenances are in a state of disrepair.

Overhanging extensions, including but not limited to: canopies, marquees, signs, awnings, stairways, fire escapes, standpipes, and exhaust ducts contain rust or other decay.

It is a factor creating the cancellation of insurance on proximate properties.

Graffiti exists at the premises.

Garbage on the property is not stored in standard containers and/or is scattered throughout the yard.

The property contains dead, decayed, diseased or damaged trees that constitute a hazard, danger, or are objectionable to adjacent premises or the occupants thereof or to public property or persons lawfully therein.

Noxious plants such as poison ivy, poison sumac, poison oak, or ragweed are allowed to grow unchecked on the property.

There exists on the property: stagnant or unsanitary water in which mosquitoes may breed; garbage, sewage, excrement, manure or other foul, decayed, putrid, unwholesome, deleterious or offensive thing or substance; animal carcasses or parts thereof; or, trash, rubbish, rubble, tires, brush, used materials or discarded items of little or no value.

Refuse or filth is discharged from the property into a stream, well, spring, brook, ditch, pond, river, or other inland waters within the City, or such substances are placed on the property is such position that high water or natural seepage will carry the same into such waters.

Dilapidated – A building is considered dilapidated if any of the following conditions exist.

The structure is unable to provide shelter or to serve the purpose for which it was constructed due to poor conditions.

Any walls, supports, floors or foundations appear to be poorly maintained or in disrepair to the extent that presents a safety concern.

Damage exists from fire, wind, or other causes so that the building is unsightly and no longer provides shelter from the elements and has become dangerous to the life, safety, or general health and welfare of the occupants or the residents of the City.

There are missing, broken, or improperly boarded windows or doors.

Stairs, porches, railings, handrails, and/or basement hatchways are unsafe or unsightly.

Conditions exist that are likely to cause sickness or disease or injury to the health, safety or general welfare of the persons living therein or of the people at large.

Not being maintained – A structure is not being maintained if any of the following conditions apply.

Siding, roofing, or gutters are damaged, missing, or show signs of disrepair.

Windows or doors are missing or improperly boarded over.

Garbage, trash, litter, rubbish, or debris, are situated on the premises.

Abandoned, wrecked, or junked motor vehicles are stored on the premises.

Lawns, landscaping, or driveways are deteriorating or unkempt.

Trees, shrubs, hedges, grass or plants block or interfere with any road sign, or obstruct any walkway, driveway, or street.

Building Official – Shall mean the building official as defined in Connecticut General Statutes §29-260.

Citation – A written statement of the relevant conditions and facts giving rise to the specified violation, including a reference to the specific section of the ordinance which has been violated and the amount prescribed as a fine for the violations(s).

Vacant parcel – Shall mean a parcel of land with no structure(s) thereon.

Neighborhood – Shall mean an area of the City comprising of premises or parcels of land any part of which is within a contiguous radius of one thousand (1000) feet of any other parcel within the City of Meriden.

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Parcel – A unit of land.

Unit – Shall mean any space within a building that is or can be rented by or to a single person or entity for his or its sole use, and is intended to be a single and distinct space.

Exempt property – Land dedicated as public or semi-public open space, land preserved in its natural state through conservation easements, or areas designated as inland wetlands and watercourses shall be exempted from this ordinance. Properties acquired by the City of Meriden through foreclosure, etc. shall be exempted from this ordinance for a period of nine (9) months post acquisition.

Structure – Any building, dwelling, fence, swimming pool, or similarly constructed object.

Premises – Any parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon, or any part thereof. The term “premises”, where the context required, shall be deemed to include any buildings, dwellings, parcels of land or structures contained within the scope of this article.

Debris – Material which is incapable of immediately performing the function for which it was designed including, but not limited to: abandoned, discarded, or unused objects; junk or collections of equipment such as automobiles, furniture, appliances, cans, boxes, scrap metal, tires, batteries, containers, and garbage.

Decay – A wasting or wearing away; a gradual decline in strength, soundness or quality; to become decomposed or rotten.

Rubbish – Any nonputrescible waste materials, except ashes, including, but not limited to, paper, cardboard, tin cans, wood, glass, bedding, furniture, crockery, appliances, junk automobiles, demolition material, tree limbs, and industrial wastes.