Regular Meeting of the Common Council Wednesday, May 10, 2017 7:00 PM Council Chambers, City Hall, 2nd Floor, 27 West Main Street, New Britain, Connecticut NOTICE - The next regular meeting of the Common Council will be held on Wednesday evening, May 10, 2017, at 7:05 PM in Council Chambers, City Hall, 2nd Floor, 27 West Main Street, New Britain, Connecticut. Public Participation will begin prior to the regular meeting at 7:00 pm. 7:00 PM - PUBLIC PARTICIPATION CALL TO ORDER ROLL CALL INVOCATION PLEDGE OF ALLEGIANCE AWARDS, PRESENTATIONS AND SPECIAL RECOGNITIONS APPROVAL OF MINUTES Minutes of the regular meeting of March 22, 2017 March 22, 2017 Minutes Minutes of the special meeting of April 12, 2017 April 12, 2017 Special Minutes of the regular meeting of April 12, 2017 April 12, 2017 Regular AMENDMENTS TO AGENDA PETITIONS 1 1. PLEASE CONDUCT A TRAFFIC STUDY FOR THE POTENTIAL INSTALLATION OF A STOP SIGN AT THE INTERSECTION OF GARDEN STREET AND SOUTH BURRITT STREET. THERE HAVE BEEN COMPLAINTS OF EXCESSIVE SPEEDING IN THE AREA. D. SALERNO Petition No. 1 CONSENT AGENDA - All reports are on consent unless removed during the Common Council meeting. REPORTS OF BOARDS, COMMISSIONS, DEPARTMENTS AND LEGISLATIVE COMMITTEES: A. CLAIMS FOR INJURIES AND/OR PROPERTY DAMAGE. PURPOSE: RECEIPT OF CLAIMS. Report A B. ALISON WEST V. CITY OF NEW BRITAIN. PURPOSE: SETTLEMENT OF SUIT AGAINST THE CITY OF NEW BRITAIN. Report B C. LINE ITEM TRANSFER WITHIN A DEPARTMENT’S BUDGET FOR PERIOD MARCH 13, 2017 THROUGH MAY 1, 2017. PURPOSE: TRANSFERRED MONIES FROM ONE LINE ITEM TO ANOTHER WITHIN DEPARTMENTAL BUDGET. Report C D. MONTHLY PURCHASING REPORT. PURPOSE: PURCHASING REPORT FOR BID THRESHOLD ITEMS. Report D Report D Spreadsheet REPORTS RETURNED FROM COMMITTEE E. RECOMMENDATION OF THE STANDING CLAIMS SUBCOMMITTEE. PURPOSE: SETTLEMENT OF CLAIMS Report E F. RECOMMENDATION OF THE COMMITTEE ON PLANNING, ZONING AND HOUSING REGARDING RESOLUTION NO. 33843. PURPOSE: PROPOSED AMENDMENT TO THE CODE OF ORDINANCES SEC. 9-43(b) REGARDING REVISED FLOOD INSURANCE RATE MAP (FIRM) PANELS. RESOLUTIONS RETURNED FROM COMMITTEE 1. RESOLUTION NO. 33843. PURPOSE: PROPOSED AMENDMENT TO THE CODE OF ORDINANCES SEC. 9-43(b) REGARDING REVISED FLOOD INSURANCE RATE MAP (FIRM) PANELS. D. NAPLES, J. SANDERS, JR. 2 NEW RESOLUTIONS 2. 2017 ANNUAL CONSOLIDATED PLAN FOR HUD PROGRAMS. C. CARLOZZI, JR., D. DAVIS, K. ROSADO, E. SANCHEZ 2017 Annual Concolidated Plan Proposed Substitute Community Development Block Grant Spreadsheet 3. 2017 NEIGHBORHOOD ASSISTANCE ACT PROGRAM. PURPOSE: SUBMIT APPROVED PROPOSAL TO THE STATE OF CONNECTICUT DEPARTMENT OF REVENUE SERVICES. C. CARLOZZI, JR., D. DAVIS, K. ROSADO, E. SANCHEZ 2017 NAA Program 2017 NAA Program List 4. BROWNFIELD REMEDIATION AND ASSESSMENT GRANTS. PURPOSE: APPLICATION TO THE STATE TO UNDERTAKE ENVIRONMENTAL REMEDIATION AND ASSESSMENTS AND TO EXECUTE AN ASSISTANCE AGREEMENT. C. CARLOZZI, JR., D. DAVIS, K. ROSADO, E. SANCHEZ Brownfield Grant 5. NEW BRITAIN POLICE DEPARTMENT USE AGREEMENT. PURPOSE: AGREEMENT TO INDEMNIFY AND HOLD HARMLESS THE BLOOMFIELD POLICE DEPARTMENT FOR THE USE OF ITS FIRING RANGE BY THE NEW BRITAIN POLICE DEPARTMENT. C. CARLOZZI, JR., W. PABON, E. SANCHEZ, J. SANDERS, JR., R. SMEDLEY BLOOMFIELD FIRING RANGE 6. STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION. PURPOSE: AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT ENTITLED "MASTER MUNICIPAL AGREEMENT FOR RIGHTS OF WAY PROJECTS". D. NAPLES, J. SANDERS, JR. State MMA ROW Agreement 7. MAY 2017 AS ASTHMA AND ALLERGY AWARENESS MONTH. S. BLACK May 2017 as Asthma and Allergy Awareness Month ADJOURNMENT 3 March 22, 2017 REGULAR MEETING OF THE COMMON COUNCIL MARCH 22, 2017 Mayor Erin E. Stewart called the Regular Meeting of the Common Council to order at 7:11 p.m. on Wednesday, the 22nd day of March 2017 in the Common Council Chambers, City Hall. Fourteen members were present at roll call: Ald. Giantonio, Smedley, Black, Collins, Davis, Hargraves, Naples, Pabon, Polkowski, Rosado, Salvio, Sanchez, Sanders, and Salerno. One member was absent: Ald. Carlozzi The invocation was given by City Clerk, Mark H. Bernacki: O God, our Heavenly Father, we pray for all of New Britain’s service providers and volunteers. Service is created in commitment, passion, desire and comradery with the community. Service begins with the realization and truth that we are indeed our brother’s keeper. Service develops goodwill and better friendship amongst us and our community. Service benefits all, the provider, the volunteer, and the recipient. Service happens with our dedication to Service above Self. We ask this in your name. Amen. The pledge to the flag was led by Carmelo Rodriguez, Jr. A moment of personal privilege was granted to the following: Ald. Hargraves who reminded everyone that the Board of Education will be holding a Bowl-A-Thon for homeless children to be held on Saturday, March 25th at Lessard Lanes in Plainville. Ald. Smedley who thanked everyone who attended the “Little Mermaid” show - which was fantastic. Ald. Davis left the Chambers. Ald. Giantonio moved to accept and adopt the Minutes of the Regular Meetings of February 8, 2017, and February 22, 2017, seconded by Ald. Polkowski. So voted. Ald. Giantonio moved to amend the Agenda by deleting item 9 and by adding item 33812(12), seconded by Ald. Salerno. So voted. Roll call vote – All members present voted in favor. PETITIONS 33809 ALD. COLLINS FOR CONDUCTING A TRAFFIC STUDY FOR THE FEASIBILITY OF “NO PARKING” SIGNS ON BOTH SIDES OF RICHARD STREET. REFERRED TO THE BOARD OF POLICE COMMISSIONERS. Ald Giantonio moved to accept and adopt the Consent Agenda, seconded by Ald. Salerno. Roll call vote – all members present voted in favor: Approved March 23, 2017 by Mayor Erin E. Stewart Ald. Davis returned to the Chambers. 4 150 March 22, 2017 CONSENT AGENDA OFFICE OF CORPORATION COUNSEL 33794 RE: ENDERA ALLEN PPA YOLANDA ALLEN V. KATARZYNA BRZEZICKI ET AL To Her Honor, the Mayor, and the Common Council of the City of New Britain: the undersigned beg leave to report the following: Endera Allen had initiated a lawsuit against the City of New Britain and David Zajac, building official, on October 21, 2015. The plaintiff, a minor, alleged that on June 25, 2015, she was standing on a deck at 13 Birdseye Street, when the deck collapsed causing her to suffer injuries. The plaintiff brought an action against the following defendants: the contractors responsible for the construction of 13 Birdseye Street, including the wooden deck; the owner of the residence at the time plaintiff was injured; the contractor who was responsible for the construction of the exterior wooden deck; and the City of New Britain and David Zajac. The allegations against the City Defendants were failure to inspect the deck to ensure it was properly secured and in approving the construction of the deck which had led to a certificate of occupancy. The City defendants claimed as a matter of law that they were immune from liability under Section 52-557n of the Connecticut General Statutes. Additionally, the acts of alleged negligence involved breaches of the City Defendants discretionary duties for which they were immune. The minor plaintiff suffered injuries to her left ankle, including fractures of the lateral process of talus. There was significant cartilage loss in the subtalar joint and loose cartilage fragments were removed during surgery. There is the possibility of future ankle fusion. The plaintiff has in total medical expenses $28,129.35. After a pretrial with all parties in front of the Honorable Judge Weiss, the matter was settled with a zero contribution from the City Defendants. This suit is withdrawn by the plaintiff without costs to the City of New Britain, David Zajac and all the other defendants. Irena J. Urbaniak City Attorney 33795 RE: SCHOOL ASSOCIATES I LP, ET AL V. CITY OF NEW BRITAIN To Her Honor, the Mayor, and the Common Council of the City of New Britain: the undersigned beg leave to report the following: RESOLVED, By the Common Council of the City of New Britain that the sum of FORTY-NINE THOUSAND DOLLARS ($49,000.00) be paid to School Associates I LP, et al and their attorneys, Alter & Pearson, LLC, in full settlement of the lawsuit against the City of New Britain now pending in the Connecticut Superior Court under Docket No. HHB-CV-15-6030795 as the result of incurring environmental remediation costs of $199,735.96 due to the alleged negligent abandonment of two underground 10,000 storage tanks by the City of New Britain when the property was converted from the old New Britain High School to elderly apartments. The proposed settlement is 24.5% of the City of New Britain’s legal exposure of $199,735.96 and it is estimated the City’s attorneys’ fees and expenses would be approximately $35,000.00 if a trial is required. This recommendation is made upon the advice of Joseph E. Skelly, Jr. and Kenneth R. Slater, Jr., after a settlement conference before Judge Robert Young, with the approval and consent of Corporation Counsel Gennaro Bizzarro, Esq. 5 151 March 22, 2017 This suit is to be withdrawn by the plaintiff without costs to the City of New Britain and settlement is to be made without admission of any liability. Joseph E. Skelly, Jr. Assistant Corporation Counsel FINANCE DEPARTMENT 33797 RE: LINE ITEM TRANSFERS - 03/01/2017 THROUGH 03/13/2017 To Her Honor, the Mayor, and the Common Council of the City of New Britain: the undersigned beg leave to report the following: In accordance with the city of New Britain ordinance of Article VII – Finance, Section 2-494(3), the following departments have transferred monies from one line item to another within their departmental budget (total department budget has not changed).