City of Meriden, CT - 10/06/2008

CITY COUNCIL MINUTES

The Meriden City Council’s regular meeting of October 6, 2008 was convened at 7:00 p.m. by Mayor Michael S. Rohde. George McGoldrick led the Council in the salute to the flag and Matthew Dominello offered the invocation. The Clerk called the roll. Present: Dante´ Bartolomeo, Brian Daniels, Matthew Dominello, Brian Kogut, George McGoldrick, David Salafia, Hilda Santiago, Walter Shamock, John Thorp and Anthony Tomassetti.

EXCUSED: Keith Gordon and Trevor Thorpe were away on business.

ATTENDANCE AT PUBLIC COMMENT: Dante´ Bartolomeo, Brian Daniels, Matthew Dominello, Brian Kogut, George McGoldrick, David Salafia, Hilda Santiago, Walter Shamock, John Thorp and Anthony Tomassetti.

OTHERS IN ATTENDANCE: City Manager Lawrence J. Kendzior and Corporation Counsel Michael P. Quinn.

Matthew Dominello, made a motion, seconded by George McGoldrick, to invoke Rule 20 to bring forth a Consent Calendar and to approve the minutes of September 15, 2008 and to adopt a Consent Calendar as previously prepared. Motion carried unanimously.

CONSENT CALENDAR

Item 1. Petition to amend Zoning Text – Add new Subsection “Pet Mortuary and Disposal Facility” to 213-7[200]B and Add new Subsection “B.(1)(L)Pet Mortuary and Disposal Facilities to 213-24 [620] Industrial M-3 District.

Referred to Economic Development, Housing & Zoning for Public Hearing on November 18, 2008 and Planning Commission.

Item 2. Presented by George E. McGoldrick.

Whereas, the City has acquired 398 Cook Avenue through a foreclosure auction; and

Whereas, by letter dated July 8, 2008, April Grego, adjacent property owner and resident of 396 Cook Avenue, inquired about acquiring the vacant lot at 398 Cook Avenue; and

Whereas, by letter dated August 26, 2008, April Grego was asked to provide the City with her best and final offer for the above mentioned property with the condition that the property not be used to increase density in any other lot; and

Whereas, by letter dated September 6, 2008, April Grego offered $5,000 for the above mentioned property; and

Whereas, at a meeting on September 16, 2008 the Disposition Committee of the Economic Development Task Force recommended this property be sold to April Grego for $5,000 with the condition that the property not be developed or used to increase density in any other lot; now, therefore,

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Be It Resolved, that the aforementioned property is hereby declared surplus and may be disposed of by the Economic Development Task Force and that the City Manager be authorized to execute any documents related to the sale.

Referred to Economic Development, Housing & Zoning and Planning.

Item 3. Presented by Keith Gordon and David J. Salafia.

Whereas, the City maintains a program to repair and replace public sidewalks; and

Whereas, the sidewalks on the south side of Orange Street are in very poor condition and hazardous to persons using them; and

Whereas, those sidewalks are highly traveled and used by children as a route to schools; now, therefore,

Be It Resolved, that the Department of Public Works inspect the sidewalks on the south side of Orange Street, estimate the cost of replacing the sidewalks and submit the replacement of those sidewalks as a project to be considered for inclusion in the 2009-10 CIP.

Referred to Public Works and Parks & Recreation.

Item 4. Presented by David J. Salafia, by request.

Whereas, the City of Meriden and its residents are desirous of undertaking a project known as the Paddock Avenue Storm Drainage Channel Project; and

Whereas, the purpose of the project is to clean and re-grade the existing storm drainage channel from Harness Drive/Overlook Road to Paddock Avenue; and

Whereas, while many affected property owners have voluntarily signed temporary construction easements to allow the City of Meriden to conduct this project to allow construction equipment to maneuver alongside the drainage channel to clean and re-grade the storm drainage channel, three property owners have not executed the temporary construction easements; and

Whereas, acquiring temporary construction easements along, on and across the following properties, to allow construction equipment to maneuver alongside the drainage channel to clean and re-grade the storm drainage channel is a necessary component of the Paddock Avenue Storm Drainage Channel Project:

55 Harness Drive; and

355 Paddock Avenue; and

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Whereas, Map #2609 of Overlook Road, Paddock Avenue and Harness Drive is on file in the Engineering Department which shows said parcels; and

Whereas, the City Council hereby finds that the convenience and necessity of the condemnor requires the same for the purposes of the Paddock Avenue Storm Drainage Channel Project; now, therefore,

Be It Resolved, that the City of Meriden acquire through eminent domain the temporary construction easements necessary for the cleaning and re-grading of the storm drainage channel between Harness Drive/Overlook Road and Paddock Avenue.

Referred to Public Works and Parks & Recreation.

Item 5. Presented by David J. Salafia, by request.

Whereas, the Lions’ Club of Meriden is a civic minded organization; and

Whereas, Falcon BMX is in need of an additional building to be built; and

Whereas, the site plan calls for a 350 square foot building to be built; and

Whereas, the City of Meriden will allow water and sewer hook-ups to be provided at City expense; now, therefore,

Be It Resolved, that the Lions’ Club of Meriden build the block building for use by the Falcon BMX of Meriden with water and sewer hook-up provided by the City.

Referred to Public Works and Parks & Recreation and Planning.

Item 6. Presented by Hilda E. Santiago, by request.

Whereas, the Department of Public Health provides combined federal and state monies for use by Connecticut Immunization Action Plan Programs; and

Whereas, the State of Connecticut Department of Public Health has indicated the calendar years of 1/1/09-12/31/11 in an amount not to exceed $270,000; and

Whereas, the City of Meriden desires to maintain a comprehensive and coordinated immunization program designed to increase immunization levels among preschool children; and

Whereas, this is a renewal grant which has no impact on the general fund; now, therefore,

Be It 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

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under the direction of Beth Vumbaco, R.N., M.S., Director of Health and Human Services.

Item 7. Presented by Hilda E. Santiago.

Whereas, the Council approved a resolution at its June 2, 2008 meeting to adopt grant funds to provide for a Summer Youth Employment and Training Program; and

Whereas, Workforce Alliance, Inc., has notified the City of Meriden, Department of Health and Human Services, Youth Services Division of the availability of an additional $17,437 in funding to provide for a Summer/Year Round Youth Employment and Training Program beginning July 1, 2008 through June 30, 2009; and

Whereas, upon funding of this grant the City would contribute in-kind services in the form of personnel services, supervision, and payroll services; and

Whereas, this is a renewal grant which has no impact on the City’s General Fund; now, therefore,

Be It Resolved, that the Department of Health/Human Services, Youth Services Division, is hereby authorized and directed to enter into a contract with Workforce Alliance, Inc., not to exceed $130,000 to employ youth; and

Be It Further Resolved, that Beth Vumbaco, R.N., Director of Health/Human Services, is hereby authorized to sign such application and that the Youth Services Division, 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 the Department of Health and Human Services.

Item 8. Presented by Keith Gordon, by request.

Whereas, the City Council has completed its annual review of the performance of the City Manager; and

Whereas, on June 6, 2005, the City Council approved a City Manager Employment Agreement for a period of five years from said date; and

Whereas, the City Council and City Manager wish to extend said agreement for the additional period of one year, on the same terms and conditions as set forth in said agreement; now, therefore,

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Be It Resolved, the City Council hereby approves the extension of the City Manager Employment Agreement, first approved June 6, 2005, for an additional period of one year, on the same terms and conditions as set forth in said agreement; and

Be It Further Resolved, that the Deputy Mayor, Majority Leader and Minority Leader are authorized to execute any documents necessary thereto.

Item 9. Presented by Keith Gordon, by request.

Whereas, the City and the coalition of bargaining units – Public Works 740, MME 595, Nurses Unit 8, Supervisors Local 3430 and Municipal Dispatcher – have entered into a tentative agreement regarding health benefits, a copy of which agreement is attached; and

Whereas, the agreement will result in savings of anticipated costs over the next three years of $793,000, an average of 5.12% per year; and

Whereas, the tentative agreement has been approved by the membership of all the coalition bargaining units; now, therefore,

Be It Resolved, that the attached agreement is approved; and

Be It Further Resolved, that the Personnel Director is authorized to execute said agreement.

TENATIVE AGREEMENT BETWEEN THE CITY OF MERIDEN AND

Public Works 740, MME 595, Nurses Unit 8, Supervisor Local 3430 and

Municipal Dispatchers Local 1303-405

This is offered as a package and individual items may vary if not taken as a package:

Effective the 1^st payday following ratification by the Council of the package the 6% cost share will increase to 8%;

The urgent care co pay will increase from $5 to $25;

The RX co pays will be set as follows:

· 1 co pay for a 30 day supply at retail

· 1 co pay for a 90 day supply at mail order.

Effective July 1, 2009 8% cost share will increase to 10%.

Effective July 1, 2011 10% cost share will increase to 11%.

The City may offer an HSA beginning 2009. The deductible and cost shares will be at the City’s discretion.

Referred to Finance.

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Item 10. Presented by Michael S. Rohde, by request.

Whereas, the Connecticut Department of Emergency Management and Homeland Security has informed the City that it has received a grant to purchase a computer for the Emergency Operations Center and for internet service until September 30, 2009; and

Whereas, the amount of said grant is $2,300; and

Whereas, the grant agreement requires that the City must provide high speed internet access for the computer from October 1, 2009 through September 30, 2011; and

Whereas, payment for said grant is on a reimbursement basis; now, therefore,

Be It Resolved, by the City Council that the City Manager, Lawrence J. Kendzior, is hereby authorized to submit and execute all required grant documents and attendant materials; and

Be It Further Resolved, that the City Manager is authorized to execute and submit any other supplemental materials as required.

Item 12. Letter from Planning Commission re: Jonal Laboratories site at 456 and 468 Center Street to participate in the C.I.D.E.walk cost sharing program and that they did not make a formal recommendation. They had properly fulfilled the Commission’s role in requiring necessary sidewalk as part of the Site Plan approval and that it is up to the City Council to determine any exception to allow sidewalk cost-sharing. Accepted and Filed.

Item 13. Claims submitted against the City by Kerlin Gray, 783 Broad Street, Meriden, CT; Miguel Estrella, 38 Locust Street, Meriden, CT were referred to Legal and Safety & Risk.

Item 20. Falcon Field/Washington Middle School Project Meeting Minutes of August 20, 2008 were filed with the City Clerk.

Item 21. Golf Course Commission Meeting Minutes of August 25, 2008 were filed with the City Clerk.

Item 22. Advisory Board on Aging Meeting Minutes of September 5, 2008 were filed with the City Clerk.

Item 23. Meriden Transit District Minutes of September 18, 2008 were filed with the City Clerk.

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Item 24. Meriden Police Department Monthly Report of August 2008 was filed with the City Clerk.

Item 25. Commission for Persons with Disabilities Minutes of May 8, 2008 were filed with the City Clerk.

Item 26. School Building Committee Meeting Minutes of September 4, 2008 were filed with the City Clerk.

Item MNO28. Letter to Councilor Shamock from George Papallo of 181 Bailey Avenue requesting that the rest of Bailey Avenue be paved (6 houses) was referred to Public Works and Parks & Recreation.

Item MNO29. Presented by Anthony D. Tomassetti, by request.

Whereas, within the City of Meriden there are many streets that have not been formally accepted by the City Council. Some of these streets have not been constructed and are referred to as paper streets. Some of these streets have various levels of improvements, but have not been constructed to an acceptable standard as determined by the City; and

Whereas, for many years issues involving maintenance and liability have been forwarded to the City Council for their action. However, the City never adopted a procedure to handle these issues; now, therefore,

Be It Resolved, that the City Council adopt the Policy/Procedure noted below to deal with the issues related to “unaccepted City streets”.

1. The City Staff shall develop a list of priority “unaccepted” City streets and submit this list annually to the City Council.

2. City Engineering Staff shall verify priority of these streets (based on safety issues, drainage issues, emergency access, and number of abutting property owners, inc.) and make recommendations for scope of improvements and street layout that would bring the street to an acceptable level of standard.

3. The scope of improvements and street layout shall be presented at a public meeting conducted by Engineering and Planning Staff to solicit input from the abutting residents. Should major differences result between the conceptual plan approved by City staff and the residents, these shall be settled at a review by the Planning Commission.

4. The scope of improvements and street layout shall be forwarded to the Planning Commission for conceptual approval. Should the Planning Commission have a problem with approving a conceptual plan that is endorsed by both City staff and the residents, then a motion to discontinue the street shall be recommended by to the City Council.

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5. An approved conceptual plan or a recommendation of discontinuance shall be forwarded to the City Council for approval.

6. Upon City Council approval, funding for street improvements shall be discussed. The City Council shall consider funding these improvements through assessments or through the annual CIP plan earmarked for unaccepted City streets. Should the Council want to consider assessments, a public hearing must take place with abutting properties to identify potential associated assessments, available payment options, and allow public comment. This hearing shall be conducted by the Public Works and Parks & Recreation Committee.

7. Upon approval of CIP funding or assessments, design and construction shall follow.

Referred to Public Works and Parks & Recreation and Planning.

Item MNO30. Presented by Trevor Thorpe, by request.

Whereas, the Meriden Boys and Girls club operates Camp Cuno on 16 acres it owns abutting Beaver Pond to the north of Carey Avenue; and

Whereas, the Club annually serves over 2700 boys and girls, about one-third of all age eligible children in Meriden, at that facility; and

Whereas, in order to accommodate the need for campership opportunities, the Club needs to expand its facility; and

Whereas, the City owns land adjacent to Camp Cuno; and

Whereas, the Club wishes to expand Camp Cuno and has requested that the City make available portions of those properties for that use; and

Whereas, the Conservation Commission recommended that the Club be granted a non-exclusive license to sue the property shown as Parcel 1-2; and

Whereas, the Planning Commission has recommended that the property shown on the map as Parcel 1-4 be transferred to the Club and that the Club be given non-exclusive use of Parcel 1-2 for recreational purposes as part of the Club’s camp activities; now, therefore,

Be It Resolved, that, the property shown on the map as Parcel 1-4 be transferred to the Meriden Boys and Girls Club and that the Club be given a non-exclusive license to use the property shown on the map as Parcel 1-2 for recreational purposes as part of the club’s camp activities, both consistent with and subject to any easements, restrictions or regulations as of record may appear; and

Be It Further Resolved, that the City Manager be authorized to execute any documents for the purposes set forth above.

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OCTOBER 6, 2008 PAGE 9.

Referred to Public Works and Parks & Recreation, Finance, Planning.

Item MNO31. Presented by Keith Gordon, by request.

Whereas, the current Amended and Restated Waste Delivery and Disposal Contract between the Connecticut Resources Recovery Authority (CRRA) and the City of Meriden expires on June 30, 2010; and

Whereas, the City has received from the CRRA an offer of a new agreement for solid waste services, attached hereto and entitled “Agreement Respecting Solid Waste Management Services; and

Whereas, the City also has received an offer for a new agreement for solid waste services from the Covanta Projects of Wallingford, L.P., Covanta being the current operator of the solid waste facility in Wallingford, said agreement also being attached hereto and entitled “Municipal Solid Waste Disposal Agreement”; and

Whereas, the City and the Towns of Wallingford, Cheshire, Hamden and North Haven continue to negotiate with CRRA and Covanta with regard to said proposals; now, therefore,

Be It Resolved, that: the above agreements and any revisions thereof be referred to the Finance Committee for consideration.

Referred to Finance.

END OF CONSENT CALENDAR

Item A. P R O C L A M A T I O N

DOMESTIC VIOLENCE AWARENESS MONTH

WHEREAS, one in every 4 women will experience domestic violence in her lifetime, domestic violence affects people of all ages, creeds, ethnic and economic backgrounds; and,

WHEREAS, there were 20,102 reported cases of domestic violence and 25 deaths in Connecticut in the year 2005; and,

WHEREAS, children were involved or present in 40% of the 20,102 incidents; and,

WHEREAS, boys who witness domestic violence are twice as likely to abuse their own partners and children when they become adults; and,

WHEREAS, no one deserves to be hit, beaten, threatened, humiliated, or otherwise subjected to physical or emotional harm; and,

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WHEREAS, the effects of domestic violence on children are devastating and can cause life long problems due to emotional and/or physical trauma; and,

WHEREAS, for 31 years Meriden-Wallingford Chrysalis has provided shelter, support and advocacy to battered women and their children; and,

WHEREAS, Meriden-Wallingford Chrysalis invites the community to participate in a Domestic Violence Awareness ceremony on Thursday, October 16, 2008 on the front steps of City Hall; and,

WHEREAS, Domestic Violence Awareness Month calls attention to the importance of working together to assure a life free from harm for all Meriden residents; and,

NOW THEREFORE, I, Michael S. Rohde, Mayor of the City of Meriden do hereby proclaim October 2008 as Domestic Violence Awareness Month and encourage all residents to join together in recommitting ourselves to eliminating domestic violence, reaching out to its victims, and letting them know that help is available.

Mayor Rohde asked Hilda Santiago, Chairwoman of Human Services to join him in the ellipse where they presented a framed proclamation to Beth Vumbaco, Director of Health and Human Services who was accepting on behalf of Meriden-Wallingford Chrysalis.

Item B. A presentation was done by Director of Health Beth Vumbaco and Health Educator Lea Crown regarding the Health Department’s Community Survey.

Item 11. Presented by Michael S. Rohde, Brian P. Daniels, George E. McGoldrick, Dante´Bartolomeo, John Thorp and Trevor Thorpe.

Whereas, ~Francis T. Maloney High School and Orville H. Platt High School currently are in serious need of renovation or new construction; and

Whereas, ~the upgrade of the City’s two high schools will affect the education of the City’s high school students and the overall quality of life in the City for generations to come; and

Whereas, this project will be one of the most significant financial undertakings in the City’s history and must be undertaken with a purpose of minimizing the net burden on the City’s taxpayers; and

Whereas, it is important that this project be undertaken through a collaborative effort between the City Council and the Board of Education; and

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Whereas, ~a Feasibility Study was issued by Fletcher Thompson effective April 2007 detailing the then-current conditions of the high schools and the then-projected costs and timelines of various upgrade alternatives; and

Whereas, it is important that the decision as to the manner in which the high schools should be upgraded be based upon a consideration of all relevant, available information;

Whereas, additional information needs to be gathered with respect to the various upgrade alternatives; and

Whereas, it is important that this project proceed expeditiously in light of the current condition of the high schools and in light of the inflationary effects which will occur should this project be further delayed; now, therefore,

Be It Resolved, that an ad hoc High School Study Committee be formed for the purpose of gathering and presenting the information necessary for an informed decision to be made as to the best manner of upgrading the City’s two high schools; and

Be It Further Resolved, that said High School Study Committee be authorized to create subcommittees, which subcommittees may include persons who are not members of the High School Study Committee; and

Be It Further Resolved, that said High School Study Committee will present its findings to the City Council and the Board of Education; and

Be It Further Resolved, ~that said High School Study Committee be appointed by the Mayor and be comprised as follows:

Mayor, ex officio; President of the Board of Education, ex officio; three members of the City Council; Two members of the Board of Education; One member of the School Building Committee; One member of the Planning Commission; One representative of the Meriden Federation of Teachers; and One at-large member; and

Said committee to be supported by the appropriate City and Board of Education staff.

George McGoldrick, made a motion, seconded by Brian Daniels, to adopt. Brian Daniels stated what we decide to do the two high schools he feels it is going to be one of the most important decisions that this Council will make. It is important because of the amount of money involved. We’ve got to be sure that we do this right. We’ve got to be sure we minimize the financial impact on the city in undertaking these projects. It is also important because of the effect it is going to have on the quality of life in Meriden for generations to come. We’ve got to provide as Tom Bruenn indicated, that education for high school students will allow them to succeed in life and part of that is the physical plant they are being taught in coupled with their curriculum. When you talk about where families with kids want to live and whether they want to stay

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obviously one of the most important things they have is what the schools are like. When you have a state of the art school system, you’ll have people who want to stay in Meriden, people who will want to move to Meriden and will increase your home values and effects local businesses positively. These are not going to be isolated construction projects. You look at things like the Linear Trail, Falcon Field and I-691 improvements that we’re talking about, the Police Department Neighborhood Initiative Program, Daylight in Harbor Brook, transportation center – these are opportunities to improve Meriden. These are the central components of where we want Meriden to be five years from now. A number of us spent the last couple of months talking to a lot of people, city councilors, Board of Ed members, members of the public and asking how we should go about making sure that the decision would be done in the proper manner. Very quickly there were two things that we realized needed to be done. The first was we had to have cooperation between the City Council and the Board of Education. It had to be a collaborative process from beginning to end. We didn’t want to have any mis-communications between the City and the Board of Education. We also wanted to make sure we weren’t working at odds with each other. Everybody needs to work in the same direction for the same purpose and the same goal. We also realized that we needed a lot more information than we currently have. We need to have full information to decide what is the right thing to do with Platt and Maloney. We’re looking at like new renovation vs. new construction. We want to know what differences would be in the physical plant. What would be the difference in the education specifications. What would be the difference in the curriculum and green technologies, disruptions to the teachers and students and even how the city’s need for emergency shelters would come in to play in like new construction or renovation of the schools. These are just some examples. Just for a point of clarification this committee will not be making any decisions. The purpose of this committee is to gather all of the information that people believe is important, relevant and necessary in order to go ahead and make that decision. When this commission issues its report and will presumably be followed by a resolution to the City Council, then to Finance and then back to the City Council for a full vote. He feels the committee will improve the process and expedite the process and urges the Council to support this resolution.

McGoldrick stated when Daniels first brought this idea forward and started to discuss the committee he was one of the people who had some reservations or concerns about the effort. McGoldrick has had people express to him concerns that this was an effort that might delay the formal process that we have in place for approving projects of this type. After lengthy discussion it is now his opinion that will not be the case. He agrees that this is an important way to start the effort to gather and collect information from a variety of places that will be needed to inform the formal process that we’re going to go through to decide what to do with the two high schools. He too will be voting for this and urges the rest of the Council to do the same.

Dominello stated he felt the same way as McGoldrick had. He wanted to make it clear and asked Daniels upon compiling all this information a report would be issued to Finance and then to the Council. Daniels stated what he had indicated was that this committee would then issue its report laying out the different information and presumably at that point there would be a resolution introduced at the City Council level. Daniels stated as he understands it the resolution would be referred to Finance for consideration. Councilor Kogut could better address that issue and then that report would come back for a full decision by the City Council. Dominello stated Finance can’t come up with a figure until your architectural drawings and things are done and you get a

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figure from them and then it will go to the Finance Committee. Dominello stated this happened at one of our other schools. Someone came out and said one figure and it wasn’t the correct figure. Somebody came out and told us it would be $28 million and then it ended up being $34 million. In that case we received $30 million from the state anyway. The Finance Committee can’t come up with a figure until this goes through the School Building Committee and you get all your architectural fees and they tell us what the figure is. Then the Finance Committee will know what the figure is. He doesn’t want to hear anybody coming here and saying it’s going to cost $100 million dollar, that is a no no. We have to make sure it is going to be that price with contingencies and everything so we know we have a correct price from the people that we do hire.

Kogut stated as he understands it as Councilor Daniels had explained if somebody does introduce a resolution it will go through the normal process. So obviously a school building project will have significant dollars attached to it and it would come to the Finance Committee to review those dollars as well. It might turn out as a the result of their report that some further analysis needs to be done it might be a cost associated with that, in which case that would come to the Finance Committee and would review fees for services and ultimately vote on it from there. Kogut stated this will go through the normal process. Dominello didn’t want any figures put out here until we hear from the architects and people involved.

Santiago asked after looking at the list of committee members how come there wasn’t a member from any of the high schools on it. She feels when making decisions for kids in this town it might be a way of having them involved. She would like to see one member from each school who could report back to the student body.

Daniels stated a lot of time was spent trying to figure out how to get the composition to the committee that would be manageable and representative of the different types of groups in the city that would have a strong interest in this issue. For example with the students we have the Board of Ed being able to talk to its parent teacher organizations or other members of its board for any information as needed. There are a lot of people that the subcommittees will be reaching out to gathering information and so forth. There was some thought about which students were going to be impacted by this and he thinks the students in high schools today are probably safe. He thinks they’ll graduate before we start but we can never know. We started thinking about talking to the middle school parents or elementary school parents to discuss the projects they’d want and what the issues are. We tried to identify the different type of point contacts who then as we go through the process can reach out to various groups for other members and get the input that we’d like to have.

McGoldrick stated his concern was where were the appropriate places for that type of input. He was concerned about this particular exercise as he didn’t want this to become an unwieldy exercise that was going to delay the formal opportunity for parents and students to have that kind of input into the process. That already exists through the School Building Committee. The Board of Ed also includes them when they do the educational specifications which will dictate in large part how the building will be developed. Those opportunities will exist. This is an information data gathering exercise.

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Shamock stated he is not against this resolution but is curious. When we have this committee and it is a consensus of opinion it is his understanding that they will come up with a resolution just from the committee to this Council. Daniels stated to be clear there is going to be no recommendation, no decision made by this committee. This committee would say if you decide to do a like new renovation at Platt for example, this would be your projected time table, this would be your projected cost, these would be your ed specs, this would be the kind of curriculum offered, this is generally the green technology, this is generally the emergency shelter aspect of it. If you were to do a demolition and new construction of Platt here is the same categories of information that you would have and that information would come out simply as a report that would be delivered to the City Council and the Board of Ed. At that point he assumes any councilor or group of councilors could introduce a resolution. The committee itself is issuing an informational report but does not believe has any role to make a recommendation or come forward with any type of resolution. Shamock feels that is the way to go. He feels the committee has no jurisdiction over presenting a resolution to this body. The only thing is he hopes whoever is on that committee, they have to look at the finances of the city, the economic picture and have to look at whether the taxpayer can afford something of this magnitude and hopes that is all taken into consideration . He also stated we are in tough economic times now and hopes the committee looks at that very favorably also.

Bartolomeo responded to what Shamock had said. This is one of the things we’ve discussed, to looking at other cities and towns that have done projects such as this so that we are not falling into the same pitfalls that they’ve fallen into and not duplicating errors or mistakes and are taking advantage of some of the positives that are in their schools. Middletown is one of the towns we’ve talked about looking at. This study committee will be doing the grunt work if you will, to go out to the towns and cities and speak to the people who have been on these projects. This is an information gathering vehicle, not a decision making committee.

Shamock stated he knows we are talking renovation vs. new and hopes the committee takes a synopsis of all the surrounding communities. He stated Southington went for renovation, Hamden went for renovation and in that respect hopes everyone does their homework on that committee.

Dominello responded to Bartolomeo regarding going to different communities. He stated the School Building Committee does this anytime there is a renovation or anything. We go to the different communities and see who the builders or architects were. It’s good that the committee willing to work on this to get extra information but agrees with Shamock. We have to be very careful what the outcome is going to be for the total cost because of the times we’re in. It won’t be built tomorrow, it will probably be 5-6 years from now. It is a long process. When the money part comes up we’ll have to be concerned and discuss it because of the community needs.

Bartolomeo stated one of the reasons we wanted to have a member of the school Building Committee on this study committee is exactly for that reason, because you do go out to the other schools. That person might be selected to head that part of the study and Daniels and the rest of the committee has made very careful effort to make sure that every area is represented and those people can gather more on their subcommittees. We are not trying to supercede any actions that

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the School Building Committee would take but we are using people and resources from your committee to study this issue as a whole.

Dominello stated he just wanted to let the High School Study Committee know that the School Building Committee already does this. He stated it is fine you’re doing it but it is nothing new. We do this for new schools or what have you. He stated he is going to appoint a gentleman to be on the committee who is very well versed in construction. It has been done and will continue to be done.

Rohde stated the high school renovation project has been on the radar screen for some time now. As you all know we’ve done a really good job with our elementary schools and our middle schools and finally the attention is being focused on the high school. This is a major, major capital project. It is going to be one of the biggest capital projects the city takes on for decades. This is an action step to get the ball moving. Folks have wondered how exactly are we going to make things happen here. This study committee will be the committee that gets the ball rolling. It will be fact finding committee, a research committee to bring back a report so that the Council can use it to judge and determine the next step for the project. He commends Councilor Daniels and those who have been working behind the scenes to determine how we would move this project forward and this is the vehicle that has been chosen.

Vote taken on base motion to adopt and carried unanimously.

Item 14. No report from Human Services.

Item 15. Your Finance Committee, to whom was referred a resolution concerning Meriden Gas Turbines Settlement on 9/15/08 report that they have attended to the matter and recommend adoption.

Committee: Brian F. Kogut, Chairperson; Keith Gordon, Vice-Chairperson; George E. McGoldrick; Walter A. Shamock; John J. Thorp.

Brian Kogut, made a motion, seconded by Walter Shamock, to adopt. Kogut stated this is a settlement offer between the City of Meriden and Meriden Gas Turbines. Meriden Gas Turbines is a wholly owned limited liability company of NRG Corp. NRG is the parent company and they actually own the power plant on Cathole Mountain through this entity. Back in 1991 when this first began the City entered into a tax agreement with Meriden Gas Turbines. What that did is that laid out a series of payments that stretched approximately 30 years and it was a little over $3 million per year with an escalator going forward. As you know at that time everyone anticipated the power plant would be built. Construction had begun, the building was constructed. There were turbines and equipment on site and then the energy market fell apart. Enron collapsed and a lot of these plants that were started stopped or were stalled. Back in 2001 Meriden Gas Turbines made their initial payment and for the next three years they made subsequent payments. They then notified the city they were putting the project on hold and wished to terminate the tax agreement they had with the city. The ongoing litigation is over that point, whether or not they were able to terminate, whether there were some other conditions that had taken place that would allow them to cease making payments.

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At that point in time litigation commenced. In that interim period of time in accordance with state law they paid 90% of the taxes that were actually due on that property. The question out there is whether or not they are required to continue to make payments and if so at what amount.

What you have before you is a settlement struck between our side and their side which would put the matter to rest. Just in terms of some of the highlights if in fact this is approved by the Council and is ratified we’ll retain the amount we’ve been paid to date and so far that has been $22,308,074. That is taxes that have come to the city from a power plant that hasn’t generated one cent of revenue for the parent company. It is beneficial to us because it minimizes future litigation costs. Right now the city has spent somewhere between $250-$275,000 on this lawsuit and wants everyone to realize that that is only a fraction of what we’re likely to spend if this was to go forward. It is very, very early in the process and we’ve taken the approach that it is better to sit down, it is better to negotiate this, it is better to settle this than both sides to spend millions and millions of dollars of ongoing litigation and really wouldn’t know what the outcome would be. The benefit is there is some certainty with this because we have a much better handle on what our revenues will be for the next couple of years. It will be reduced but there will be revenue coming in. If we go out and continue to litigate that could take more years and if there is an adverse judgment against us we would be in a situation where we’d have to pay lots of sums back to them.

Additionally, if you ever remove the financial aspect of this there are other things in this agreement that are beneficial to the city. For instance, they’re now going to give us reports on a quarterly basis relative to the status of that project. They’ll be required to tell us what their plans are, if there are any potential sales, if there are any potential plans for them to start it up, to decommission it or do something different. That is very beneficial to us because for the past couple of years we really had no idea what was going on there. We received very little information and part of that was because we were in litigation and neither side wanted to share very much. The agreement itself contains a revised payment plan. There is a reduced payment plan which in the years 8-12 range from $2.3 million down to approximately $1.8 million. And again, that is off of what they were originally paying which was approximately 3.3. In addition to that a mechanism has been set up whereby they will make deferred payments or they’ll be putting money aside or accruing it. Those amounts range anywhere from $450,000 in year 8 to $775,000 in year 12. The real purpose for that money is to kind of hedge our bets if something bad happens. If in the next 5 years they sell the plant, if they decide to decommission the plant, that money would then accrue to the city. What we tried to do is have something that is workable that we can factor into our budgets because as you all know this is a significant amount of money. We build our budgets based on our income and if all of a sudden this money disappeared what would we do? We’d raise taxes. We tried to factor things in to the best that we can to kind of mitigate some of those problems. Over the next 5 years if this is approved and it does go forward we will be receiving approximately $10,009,308 and in addition to that we will accrue $3,000,287.50. Again, that is money that is there in case something does happen will then revert back to the city. Kogut stated he thinks both sides really sat down and negotiated in good faith. Sometimes when you have a situation like this there is just a stand off. All that does is jack up your legal bills. Kogut stated he is very happy that we were able to come to what is probably a pretty good and a pretty quick resolution to this matter. He can say given what this contains if it went through the entire litigation process and we won what it would cost us in legal fees to get

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there we’d probably be worse off than we are agreeing to this today. The other beneficial thing is if we did litigate the whole thing and win there is still the possibility that NRG might decide hey, we’re just going to decommission the plant and all future revenues are off the table. This is nice because there are some other type of things built in that will help us going forward. It is a very lengthy agreement, it was a very lengthy resolution, a four page resolution which is the longest resolution we’ve ever seen on our tenure on the council. If anyone has any specific questions Kogut stated he would be happy to answer them. He stated there was a question in the audience earlier with respect to actual South Mountain Road, that not being a street or not being able to find it on the map. The reason for that is that street has not been accepted by the City of Meriden. That was built as an access way up to the power plant. It hasn’t been completed. The City still has a $600,000 bond on that. If that isn’t actually built to city standards there is money there to do that and once it is it will be accepted as a city street.

Shamock asked if Kogut could elaborate on the aesthetics of the building and how it looks. Someone in the audience had asked something about what we could do. Kogut stated there was definitely a concern with respect to how that building looks. People can see it driving by on the highway. He believes they originally painted it and hoped it wouldn’t stick out as much as it does but it is what it is. As part of the negotiations the city attempted to get them to agree to do some things to improve the aesthetics. Kogut stated he would ask the City Manager to talk about those negotiations. What Kogut can tell them is something as simple as painting that building, NRG got estimates and it was over a million dollars. Councilor Thorp has some ideas on what can be done and will ask on him to comment on it also but first ask the City Manager through the chair to comment on what was discussed, what was negotiated and where we are right now.