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REGULAR MEETING
JANUARY 4, 2006
The Meriden City Council’s regular meeting of January 4, 2006 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: Matthew Dominello, Keith Gordon, George McGoldrick, Michael Rohde, David Salafia, Hilda Santiago, Trevor Thorpe and Stephen Zerio.
EXCUSED: Patricia Lynes, Sandra Maier Schede and Anthony Tomassetti were excused.
ATTENDANCE AT PUBLIC COMMENT: Matthew Dominello, Keith Gordon, Patricia Lynes, George McGoldrick, Michael Rohde, David Salafia, Hilda Santiago, Trevor Thorpe and Stephen Zerio.
OTHERS IN ATTENDANCE: City Manager Lawrence J. Kendzior and Corporation Counsel, James Abrams.
Stephen Zerio, made a motion, seconded by Matthew Dominelllo, to invoke Rule 20 to bring forth a Consent Calendar and to approve the minutes of December 19, 2005 and to adopt a Consent Calendar as previously prepared. Motion carried unanimously.
CONSENT CALENDAR
Item 1. Presented by Stephen T. Zerio, by request.
Whereas, rear lots are permitted in R-R (Rural Residential), S-R (Suburban Residential), R-1 (Single Family Residential) and R-2 (Two and Three Family Residential) districts;
Whereas, the current regulations create a dense, incompatible and undesirable living situation in residential neighborhoods by allowing front yards of rear lots to be in close proximity to rear yards of front lots without requiring any additional lot area or distance between structures;
Whereas, the currently required miminum distance between a house located on rear lot and a house located on an adjacent lot does not afford adequate visual and physical buffer;
Whereas, accessways of 20’ are too narrow to accommodate a safe and aesthetically sensistive driveway;
Whereas, rear lots of greater area, width, etc. than currently permitted could create more desirable developments by encouraging ‘estate’ type lots;
Be It Resolved, that Section 213-34B be modified as follows to delete striked out text and add bold-italicized text.
213-34 B. [800.7.2] Rear lots.
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[1)] Rear Lots shall be permitted only in R-R, S-R, and R-1 and R-2 Districts.
[2)] Access to rear lot shall be provided by a driveway or accessway as defined in Section 213-7 of these regulations. Which shall not exceed a length of four hundred (400) feet and Said accessway shall be in the same ownership as the rear lot, and be owned in fee simple. Tthe area of such accessway shall not be included in the minimum required lot area as set forth in subparagraph (3) hereof. Each accessway shall provide access to a City accepted street for one (1) lot only, and the maximum number of adjoining accessways should be two (2).
(3) [3)] Any rear lot shall meet the minimum lot area zoning requirements of the district within which it is located, excluding the area of the accessway, except that the lot area, minimum width and front and side yards setback shall be:
Zone Min.Lot Size Min.Width FY Setback SY Setback
R-R 80,000 250’ 60’ 40’
S-R 45,000 175’ 40’ 25’
R-1 34,000 125’ 40’ 20’
(4) [4)] Accessways to rear lots shall be a minimum of twenty-five (20) (25) feet wide, with a minimum fifteen (15) feet wide of paved driveway. Said driveway shall be a maximum of 425’ in length and less than a 12% grade. Two rear lots with contiguous accessways may share one driveway. Contiguous driveways must be separated by a landscaped strip of at least 5’ width.
Identification Sign – each driveway shall be identified by a sign indicating the street number of the house which the driveway serves and shall be sufficient size to meet the house numbering requirements of the Fire Department. Such signs shall be visible to emergency personnel at all times.
Consideration shall be given to buffering the rear lot from adjacent properties. Every effort must be made to retain existing natural buffers in setback areas.
Be It Further Resolved, that Section 213-7 (Definitions) be modified by adding a definition for rear lot accessway to read:
Referred to Economic Development, Housing & Zoning for Public Hearing and Planning.
Item 2. Presented by Brian F. Kogut, by request.
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A RESOLUTION AMENDING A RESOLUTION MAKING APPROPRIATIONS AGGREGATING $8,402,000 FOR VARIOUS PUBLIC IMPROVEMENTS AND EQUIPMENT AND AUTHORIZING THE ISSUANCE OF $8,402,000 BONDS OF THE CITY TO MEET SAID APPROPRIATIONS AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE.
RESOLVED:
Section 1. Section 1(b) of the resolution entiteld “A Resolution Making Appropriations Aggregating $8,402,000 For Various Public Improvements And Equipment And Authorizing The Issuance Of $8,402,000 Bonds Of The City To Meet Said Appropriations And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Common Council on August 21, 2000, as amended, (the “GPIB #50 Resolution”) is hereby further amended by increasing the appropriation for “Johnson Hill Permanent Tank Covers (Acct. No. 0401-7350-883) by $525,000 from $1,751,300 to $2,276,300, thereby increasing the total appropriation in Section 1(b) by $525,000 from $8,173,000 to $8,698,000.
Section 2. Section 2(b) of the GPIB #50 Resolution is amended by increasing the amount of bonds of the City therein authorized to be issued by $525,000 from $8,173,000 to $8,698,000.
Section 3. Section 7 of the GPIB #50 Resolution shall be applicable to the appropriation added by this amendment, as of the date of adoption of such amendment.
Referred to Finance for Public Hearing.
Item 3. Presented by Mark D. Benigni, by request.
Whereas, Matthew Flynn of Meriden, CT has filed a lawsuit against Police Officer Tim Connolly and the City of Meriden in which he alleges that he was assaulted by Officer Connolly on October 3, 2000 while Officer Connolly and other Meriden police officers were investigating a report of criminal activity; and
Whereas, the Associate City Attorney has recommended that, without admitting the foregoing allegations, it is in the best interest of the City of Meriden to settle said claim for the sum of Six Thousand Dollars ($6,000.00), said amount to be paid to said claimant and his attorney in full settlement thereof; and
Whereas, the Corporation Counsel recommends to the City Council that this settlement agreement be approved; now, therefore,
Be It Resolved, that the City Council does hereby approve the settlement of the above complaint, and the payment of Six Thousand and 00/100 Dollars ($6,000.00) in full and final settlement of any and all claims of the plaintiff Matthew Flynn against Officer Tim Connolly and the City of placeCityMeriden.
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Adopted.
Item 4. Withdrawn.
Item 5. Letter to City Council from Planning Commission re: addressStreet164 South Vine Street and their recommendation that city acquire for open space purposes. This property is mostly designated wetlands and further restricted by floodplains. This property is necessary for the protection of the floodplain along Sodom Brook. Filed.
Item 6. Letter to City Council from Planning Commission re: addressStreet68 Franklin Street and their recommendation that city dispose of this parcel zoned R-3. The Commission further recommends that said parcel be transferred with a restriction on the increase in density of the contiguous property or added density on this property. This recommendation notes the opinion of the Planning Commission is that the parcel is not of municipal benefit. Filed.
Item 7. Letter to City Council from Planning Commission re: 237-261 Hanover Street and their recommendation that properties known as 237, 239, 259 and 261 Hanover Street be combined into one lot and then property to be disposed of. The Planning Commission feels said property is not of municipal benefit. Filed.
Item 8. Letter to City Council from Planning Commission re: Ceppa Field and their recommendation to table action on the proposal to lease space for T-Mobile communications antennae. The reason to table was to give the Commission more time to review the specifics of said proposal. Filed.
Item 9. Letter to City Council from Planning Commission re: addressStreet195 Pratt Street and their recommendation the City enter into an agreement to allow the U.S. Postal Service to relocate parking spaces onto the City property at addressStreet195 Pratt Street. It is the Commission’s opinion that siad parking in connection with said improvements would be compatible with the future uses of the neighborhood. Filed.
Item 10. Letter to City Council from Planning Commission re; addressStreet23-25 Colony Street and their recommendation to deny the resolution for a feasibility study to be done for a temporary parking lot at this site was filed.
Item 11. Letter to City Council from Planning Commissioin re: addressStreet32 Edgewood Place (portion) and their recoommendation to approve the proposed zone change from C-3 (Highway Commercial) to R-2 (2-3 Family Residential) was filed.
Item 13. Memorandum to City Manager Kendzior from Director of Finance Curry re: June 30, 2005 Audit Results by Levitsky and Berney was filed.
Item 14. Claims submitted against the City by Joseph Young, 77 Edgemark Acres, Meriden, CT; Antonio Cordero, 203 Spring Street, Meriden, CT; Mariana Morales, 35 Anthony Terrace, Meriden, CT; Ruth Redican, 32 Schooner Lane, South Meriden, CT; Marie Roderick, 386 Parker Avenue South, Meriden, CT; Oscar Carrero, 18 Falcon Lane, Meriden, CT; Jeanne
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Verselli, addressStreet61 Westview Drive, CityMeriden, StateCT; James Stewart, addressStreet56 Higby Drive, CityMeriden, StateCT were filed with Legal and Safety and Risk.
Item 20. Meriden Police Department Monthly Report of November 2005 was filed with City Clerk.
Item 21. Meriden Municipal Pension Board Meeting Minutes of December 13, 2005 were filed with City Clerk.
Item 22. Human Rights Advisory Board Minutes of December 7, 2005 were filed with City Clerk.
Item 23. Commission for Persons with Disabilities Meeting Minutes of December 8, 2005 were filed with City Clerk.
Item MNO25. Memorandum to Council Clerk Lori Canney from Deborah L. Moore, placePlaceNameAssociate PlaceTypeCity Attorney, Counsel to Charter Revision Commission re: Draft Report of the Charter Revision Commission. Referred to Committee of the Whole.
Item MNO26. Presented by Anthony D. Tomassetti, Matthew C. Dominello, Sr., Keith Gordon, Patricia D. Lynes, Trevor Thorpe.
Whereas, the Police Department is entitled to spend funds received under the State’s Narcotics Assets Forfeiture Program; and
Whereas, the City has in excess of $23,893.00 in this fund at the present time; and
Whereas, the Department wishes to spend $10,921.28 of these funds on the following items:
1. Narcotic Buy Money $5,000.00 #0135-2605-763
2. Raid Jackets $3,060.00 #0135-2605-750
3. Traffic Cones $1,470.00 #0135-2605-752
4. placeCityHurst Rabbit Tool Package $1,391.28 #0135-2605-754
TOTAL: $10,921.28
And;
Wheras, these purchases will enhance the effectiveness of the Police Department in the performance of its law enforcement functions; now, therefore,
Be It Resolved, that the Police Department is hereby authorized to purchase these law enforcement related items in an amount not to exceed $10,921.28; and
Be It Further Resolved, that these are hereby appropriated from the City’s Narcotic Assets Forfeiture Accounts.
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Adopted.
END OF CONSENT CALENDAR
Item A. Presented by Mark D. Benigni, Matthew C. Dominello, Sr, Michael S. Rohde.
Whereas, Dr. Martin Luther King, Jr. received the 1964 Nobel Peace Prize for his courage and leadership in restoring America’s consciousness and emancipating millions, both black and white; and
Whereas, this man believed in the character of the country and peaceful rsolve for freedom and justice for all; and
Whereas, this prince of justice, affectionately known as the “drum major for peace,” gave his life for a dream that one day all of God’s children would be free; and
Whereas, this supreme sacrifice and contribution to the diversity and richness of American society is celebrated each year on a day established as a national holiday in his honor; and
Whereas, this day, January 16, 2006 is honored in memory of his birth; now, therefore,
I, Mark D. Benigni, Mayor of the City of placeCityMeriden and the Meriden City Council salutes this great man and recognizes with appreciation his contribution to all Americans.
Stephen Zerio, made a motion, seconded by Matthew Dominello, to adopt. Motion carried unanimously.
Item 12. Letter to City Council from Planning Commission re: Zone Change – addressStreet23/34 Randolph Avenue and their recommendation to approve the proposed zone change from R-3 (Multi-Family Residential) to C-1 (Convenience Commercial).
Stephen Zerio, made a motion, seconded by Matthew Dominello, to waive the reading and file. Zerio stated this is an item that is being filed as a recommendation from the Planning Commission that is before the Economic Development, Housing & Zoning Committee. Zerio stated a member of the public asked during public comment where this piece of property was located and whether it was vacant. Kendzior stated this piece of property is adjacent and contiguous to the former Texaco property on the northesterly corner of Cook and addressStreetWest Main Street. It was the site of an old silver factory which burned down. The property is vacant. Motion carried unanimously.
Item 15. No report from Human Services.
Item 16A. Your Finance Committee, to whom was referred the resolution concerning filling vacancy for two twenty hour library clerk positions on 11/21/05, report that they have attended to the matter and recommend adoption.
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Committee: Brian F. Kogut, Chairman; Keith Gordon, Vice-Chairman; Stephen T. Zerio; George McGoldrick; Michael S. Rohde.
Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Kogut explained this was a position at the library that had been open for more than 90 days. It was divided from a single full time position to two part time positions and will save the city the cost of benefits. Motion carried unanimously.
Item 16B. Your Finance Committee to whom was referred a resolution concerning filling vacancy for Fire Department Lieutenant on 12/19/05 report that they have attended to the matter and recommend adoption.
Committee: Brian F. Kogut, Chairman; Keith Gordon, Vice-Chairman; Stephen T. Zerio; George McGoldrick; Michael S. Rohde.
Brian Kogut, made a motion, seconded by Keith Gordon, to adopt. Kogut explained that the Finance Committee and City Council approved changes in the city’s dispatch system. He stated a civilian is going to fill the position in the department. The current supervisor who is a member of the firefighters has to go back to the Fire Department. In anticipation of that there has been a lieutenant’s position open for approximately 9 months to one year in the Fire Department. What this essentially does is fill that position. When the dispatch position is ultimately filled that person will then bump this person out of the position that they are now being put into this evening. Kogut stated on the actual committee level he voted against this because his feeling was at the
time this position is actually needed, we should go with the most qualified person at that time. His concern is that we’re putting someone in the position now and they’re going to lose that job in the very near future. They’ll get that job or a similar job back at some point in the future. His feeling was at that future time we should actually put the most qualified person into that position. It may be this person, may be it will be someone else. Kogut asked the Corporation Counsel to make sure the city isn’t putting themselves into any type of position for a future grievance from someone else because we are essentially guaranteeing the person that gets this lieutenant position a lieutenant’s position sometime in the future. Corporation Counsel Abrams stated at first blush he’d say no because you are appointing someone to a position that is open and something that is valid. He said he would look at this
further and if there is a counter result he’d advise the Council. Motion carried. Kogut voted Nay.
Item 17. No report from Economic Development, Housing & Zoning.
Item 18. No report from Public Works and Parks & Recreation.
Item 19. No report from Public Safety.
The Chair entertained a motion to take up a matter not on the agenda.
Stephen Zerio, made a motion, seconded by Matthew Dominello, to take up a matter not on the agenda. Motion carried unanimously.
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Item MNO24. Presented by Mark D. Benigni, Matthew C. Dominello, Sr., Keith Gordon, Brian F. Kogut, Patricia D. Lynes, George E. McGoldrick, Michael S. Rohde, David J. Salafia, Hilda E. Santiago, Sandra Maier Schede, Trevor Thorpe, Anthony D. Tomassetti, Stephen T. Zerio.
Whereas, William Lutz has resigned as a member of the Board of Education effective December 27, 2005; and
Whereas, pursuant to Section C2-5 of the City Charter, any vacancy in any City elective office is to be filled by appointment by the City Council for the unexpired portionof the term; now, therefore,
Be It Resolved, that German Bermudez is hereby appointed as a member of the Board of Education to fill the unexpired term of William Lutz.
A motion was made by Stephen Zerio, seconded by Matthew Dominello, to adopt. Zerio stated
Lutz has resigned from the Board of Education. He stated Lutz has served the City and the board
very well during his four terms. This is the unfilled 4th term. He has also served the City well as
Vice-Chair and member of the School Building Committee and he has also served the City well
as liaison for the Board of Education to the City Council. Zerio feels we owe him a note of thanks for his work and service. He has moved out of the city and we will miss him. At the same time we have before us, Dr. German Bermudez who recently was elected or had gone through the recent election and secured one of the top five positions that were open. Due to statutory reasons he was not able to take the seat. Zerio belives he will be a strong member of the Board of Education as a result of this appointment. Zerio stated he was also asked by Councilwoman Lynes to pass along her strong support for this appointment and hopes the Council will vote unanimously. If we do Dr. Bermudez will be sworn in officially by President Frank Kogut at the next Board of Education meeting.
Motion carried unanimously.
There being no further business to be discussed, Mayor Benigni declared the meeting to stand adjourned if there was no objection. The time was 7:15 p.m.
Lori N. Canney
Clerk of the City Council
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