City of Meriden, CT - October 4, 2004 minutes

CITY COUNCIL MINUTES

The Meriden City Council’s regular meeting of October 4, 2004 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, Sandra Maier Schede, Walter Shamock, Anthony Tomassetti and Stephen Zerio.

ATTENDANCE AT PUBLIC COMMENT: Robert Clermont, Matthew Dominello, Joseph Ferrigno Feest, Keith Gordon, Brian Kogut, Patricia Lynes, George McGoldrick, Michael Rohde, Sandra Maier Schede, 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 20, 2004 and to adopt the Consent Calendar as previously prepared. Motion carried unanimously.

CONSENT CALENDAR

Item 1. Presented by Stephen T. Zerio.

Whereas, the city can acquire 88 Grove Street from Iglesia Roca De Salvacion at no cost to the City; and

Whereas, in return the City will agree to the following conditions:

Will demolish the building.

Will build a parking lot and by license reserve three (3) parking spaces for exclusive use of the Iglesia Roca De Salvacion for parking of church vehicles and will secure these three parking spaces; now, therefore,

Be It Resolved, that the City Manager is authorized to execute any documents related to acquire this property.

Referred to Economic Development, Housing & Zoning and Planning.

Item 2. Presented by Keith Gordon, Robert Clermont, Matthew C. Dominello, Sr.

Whereas, the City of Meriden and Local #1303-405, Public Safety Dispatchers have reached a tentative agreement on their Collective Bargaining Agreement; and

Whereas, this has been done in conjunction with the City Council Labor Negotiating Committee; and

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Whereas, there are funds available in the Dispatch budget for the remainder of this fiscal year due to unfilled positions; now, therefore,

Be It Resolved, that the Personnel Director be authorized to enter into an agreement with the Public Safety Dispatchers.

Referred to Finance.

Item 3. Presented by Robert Clermont.

Whereas, litter is prevalent within the City’s parks; and

Whereas, there are currently no trash receptacles in the city’s parks; and

Whereas, the placement of trash receptacles within the city’s parks would allow people a place to dispose of their trash and also decrease the amount of time that the city’s staff spends to pick up trash from the ground; now, therefore,

Be It Resolved, that trash receptacles are to be placed at the various parks throughout the city; and

Be It Further Resolved, that the number of trash receptacles and their locations within the parks is to be determined by staff; and

Be It Further Resolved, any monies that are required to fund the staffing for this project be taken from the Bradley/Hubbard line item.

Referred to Public Works and Parks & Recreation and Finance.

Item 5. Presented by Mark Benigni, by request.

Be It Resolved, that a traffic study be done in the area of Windingbrook and Baldwin Avenue; and

Be It Further Resolved, that the possibility of a traffic signal be placed in the area.

Referred to Public Safety.

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

Whereas, the City Council appropriated $35,000 from the Contingency Fund on February 17, 2004 to make certain improvements to the restaurant facility at Hunter Golf Course; and

Whereas, this money was able to be used until June 30th, 2004; and

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Whereas, there was an outstanding bill that came in after that date in the amount of $1,752.00 and the funding had expired that had been approved; now, therefore,

Be It Resolved, that an amount not to exceed $1,752.00 be appropriated from the Contingency Fund to cover the cost of this final bill.

Referred to Finance.

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

Whereas, the budget for 2004/2005 was approved in May of 2004; and

Whereas, the line item for Codification is 0001-0110-351 and $5000 was appropriated for same; and

Whereas, the City Clerk is in the process of having the Meriden City Code recodified and has signed a contract with General Code Publishers; and

Whereas, the bill for the first installment has arrived and the price is $7,325.00; now, therefore,

Be It Resolved, that $2,325.00 be appropriated from Contingency Fund to pay the balance of the bill.

Referred to Finance.

Item 8. Presented by Anthony D. Tomassetti, by request.

Be It Resolved, that City staff will evaluate the need to install “No Parking” signs on the north side of Coe Avenue and the need for sidewalks on the south side of Coe Avenue between Allen Avenue and Centennial Avenue due to pedestrian and motor vehicle traffic and sight line issues.

Referred to Public Works and Parks & Recreation and Public Safety.

Item 10. Presented by Mark D. Benigni, Matthew C. Dominello, Sr., Keith Gordon and Anthony D. Tomassetti.

Whereas, the use of motor scooters, mini-bikes, pocket bikes and similar lightweight, generally two-wheeled vehicles capable of reaching speeds approaching forty miles per hour creates a grave danger to the safety of the public on streets and ways of the City of Meriden; and

Whereas, the number of these vehicles has increased rapidly and, by their nature, these vehicles are used in the summer months; and

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Whereas, the City Council of the City of Meriden hereby finds that the protection of life and property requires immediate action to remove this danger from the streets and ways of the City of Meriden; now, therefore,

Be It Resolved, that the following article be added to Chapter 200 of the Code of Ordinances of the City of Meriden.

(NEW) Article V. Motor Scooter, Mini Bikes, Pocket Bikes

Section 200-47. Definitions.

For purposes of this article:

Motor Scooters, Mini Bikes, Pocket Bikes shall mean any wheeled device designed for the transport of one or more persons which is powered by any type of motor, except:

any “motorcycle” or “motorized bicycle” as defined in state statute;

any vehicle registered as a motor vehicle by the registrar of motor vehicles or lawfully exempt from such registration;

any wheelchair used by a person with physical disabilities or any similar mobility-assisting device used by a person whose ambulatory mobility has been impaired by age, illness or physical ailment or electric personal assistive mobility devices;

any self-propelled snow plows, snow blowers and lawn mowers when used for the purposes for which they were designed and operated at speeds not exceeding four miles per hour;

any moped or scooter which meets Federal Department of Transportation and State Department of Transportation guidelines for on-road transportation and whose owners-manual specifically indicates an ability to be driven on public roads;

any vehicle owned or leased by the City of Meriden;

any bicycle with a helper motor as referenced in Section 14-286 of the Connecticut General Statutes.

Section 200-48. Operations Prohibited.

Notwithstanding any other provision of these ordinances, any person who operates any motor scooter, mini bike, or pocket bike on any portion of any public or private street shown on the official map of the city, including the sidewalk area of any such street, or on any other public property, including schools, playgrounds and parks, within the City of Meriden, shall be fined ninety dollars.

Any person who rides as a passenger on any motor scooter operated in violation of the above shall be fined fifty dollars.

Whenever any police officer observes any person in violation of this section, he or she may detain such person for purposes of the enforcement of this section and may remove such motor scooter to a secure area pending a disposition of such property by court order or otherwise by law.

Referred to Public Safety for Public Hearing.

Item 11. Claims submitted against the City of Meriden by Earl Yeomans, 95 Conwell Road, Meriden; Andrew & John McGuire, 1134 West Main Street, Meriden; Ertha Johnson, 120 Gravel Street, #22, Meriden; Edward Gagliola, 27 Harrison Street, #15, Meriden were referred to Legal and Safety & Risk.

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Item 18. Public Utilities Commission Meeting Minutes of June 22, 2004 were filed with the City Clerk.

Item 19. Public Utilities Commission Meeting Minutes of August 17, 2004 were filed with the City Clerk.

Item 20. Municipal Pension Board Special Meeting Minutes of September 21, 2004 were filed with the City Clerk.

Item 21. Meriden Aviation Commission Minutes of August 10, 2004 were filed with the City Clerk.

Item 22. Municipal Pension Board Meeting Minutes of July 13, 200 were filed with the City Clerk.

Item 23. Conservation Commission Meeting Minutes of September 1, 2004 were filed with the City Clerk.

Item 24. Golf Course Commission Meeting Minutes of August 24 ,2004 were filed with the City Clerk.

Item 25. Flood Control Implementation Agency Meeting Minutes of September 8, 2004 were filed with the City Clerk.

Item MNO26. Letter to Meriden City Council from Rick Kilham, Meriden Republican Town Committee re: their opposition to the zoning amendment that would permit an auto auction was filed.

Item MNO27. Presented by Patricia D. Lynes, by request.

Whereas, the State of Connecticut, Court Support Services Division announced the availability of funds to enter into a contract for the continuation for the funding for the City of Meriden, Department of Human Services, Youth Services Division, Juvenile Justice Center, C.H.A.N.C.E.S. Program for the period effective July 1, 2004 through June 30, 2005; and

Whereas, the available funding for fiscal year 2004/2005 is in an amount not to exceed $275,000; and

Whereas, the Juvenile Justice Center, C.H.A.N.C.E.S. Program, will continue to provide coordinated delivery of services to Meriden Youth ages 10-15 who are on probation, parole or under court supervision; and

Whereas, upon renewal of this grant the City will contribute in-kind services in the form of office space, administrative and fiscal management, and no direct cost to the City; and

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OCTOBER 18, 2004

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 Health and Human Services is hereby authorized to execute a contract on behalf of the City of Meriden, Department of Human Services, Youth Services Division in accordance with the aforesaid project, Beth Vumbaco, R.N., M.S., Director of Health/Human Services shall process and submit all of the documents required that are relative to this contract.

END OF CONSENT CALENDAR

Item 4. Presented by Michael S. Rohde, by request.

Whereas, the City Council has approved the construction of a linear trail on property owned by the City of Meriden; and

Whereas, a portion of the proposed trail is located on property running through properties known as 45 Riverside Drive, 65 Riverside Drive, 85 Riverside Drive, 95 Riverside Drive, 105 Riverside Drive and 141 Riverside Drive; and

Whereas, the City’s title to this portion of the linear trail property runs back in an uninterrupted chain for more than 120 years; and

Whereas, the deeds to the aforesaid Riverside Drive properties claim ownership over the property owned by the City, and run back in uninterrupted chains of title more than the sixty years required by Connecticut standards of title; and

Whereas, these deeds constitute an impediment or cloud on the City’s title which must be cleared before the linear trail project may proceed; and

Whereas, this impediment or cloud to the City’s title can be most easily cleared by acquiring any right the owners of the aforesaid properties may have to the City’s property, free and clear of any mortgages, liens or other encumbrances; and

Whereas, the City’s title is prior in right and superior to any interest in said property of the owners of the aforesaid properties, and their interest, if any, is of no value; and

Whereas, the linear trail project has been approved by the City Council, and the City Council finds that the acquisition of the property interests herein described is necessary to proceed with said project; now, therefore,

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Be It Resolved, that the City acquire through eminent domain any and all interest of any third party in and to that portion of the linear trail passing through properties known as 45, 65, 85, 95, 105 and 145 Riverside Drive, as shown on a map entitled, “Quinnipiac River Linear Trail State of Connecticut Department of Transportation Engineer: Fay, Spofford & Thorndike, Inc. Drawing No.: Plan-3 Sheet No.: 7”.

Stephen Zerio, made a motion, seconded by Keith Gordon, to adopt. Motion carried. Councilor Shamock voted Nay.

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

Whereas, in September, 2003, the City Council approved the sale of tax liens encumbering property at 142 Springdale Avenue to an Albert Rosa for the sum of $45,000; and

Whereas, Albert Rosa has failed to complete the purchase of those liens; and

Whereas, Mecky Chater has offered to purchase those liens for the same sum, $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 taxes on property located at 142 Springdale Avenue, to Mecky Chater, or his designee, for the sum of $45,000.

Stephen Zerio, made a motion, seconded by Patricia Lynes, to adopt. Motion carried unanimously.

Item 12A. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning an amendment to City Code, Section 125-10.A “Off Street Parking” on 9/7/04, report that they have attended to the matter and recommend denial and the passage of the accompanying order:

Committee: Stephen T. Zerio, Chairperson; Matthew C. Dominello, Sr.; Patricia D. Lynes; Joseph Ferrigno Feest; Robert Clermont.

Be It Ordered, that this item be denied without prejudice.

Stephen Zerio, made a motion, seconded by Robert Clermont, to adopt. Motion carried. Councilors Lynes, McGoldrick and Tomassetti voted Nay.

Item 12B. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning 100 Columbia Street to be transferred to Girls Inc. on 7/19/04, report that they have attended to the matter and recommend adoption.

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Committee: Stephen T. Zerio, Chairperson; Matthew C. Dominello, Sr.; Patricia D. Lynes; Joseph Ferrigno Feest; Robert Clermont.

Stephen Zerio, made a motion, seconded by Joseph Ferrigno Feest, to adopt. Motion carried unanimously.

Item 12C. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning 255 Hanover Street be sold to Rene Moreno on 8/2/04, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

Committee: Stephen T. Zerio, Chairperson; Matthew C. Dominello, Sr.; Patricia D. Lynes; Joseph Ferrigno Feest; Robert Clermont.

Be It Ordered, that this item be approved as recommended by the Planning Commission.

Stephen Zerio, made a motion, seconded by Patricia Lynes, to adopt. Motion carried unanimously.

Item 12D. Your Economic Development, Housing & Zoning Committee, to whom was referred the resolution concerning deletion of Article III, Section 125-23(k); Article IV, Section 125-40 regarding Smoke Detection and Means of Egress from Housing Code and that job description for Housing Inspector and Housing Inspector Supervisor be rewritten to exclude any and all reference to the Fire Code and/or Fire Prevention on 8/16/04, report that they have attended to the matter and recommend adoption and the passage of the accompanying order:

Committee: Stephen T. Zerio, Chairperson; Matthew C. Dominello, Sr.; Patricia D. Lynes; Joseph Ferrigno Feest; Robert Clermont.

Be It Ordered, that the language recommended by the City Attorney and agreed upon by the Housing Department and Fire Marshal’s Office in a memo dated September 10, 2004 in replacement entirely of the resolution submitted on August 16th.

Stephen Zerio, made a motion, seconded by Patricia Lynes, to adopt. Motion carried unanimously.

Item 13A. Your Finance Committee, to whom was referred a resolution concerning filling vacancy for full-time Speech/Language Therapist on 9/7/04, report that they have attended to the matter and recommend adoption.