Common Council

REGULAR COMMON COUNCIL MEETING APRIL 4, 2011 7:00 P.M. Regular Meeting The Regular meeting of the Common Council of the City of Middletown was held in the Council Chamber of the Municipal Building on Monday, April 4, 2011 at 7 p.m. Present Mayor Sebastian N. Giuliano; Council Members: Thomas J. Serra, Ronald P. Klattenberg, Philip J. Pessina, Gerald E. Daley, Joseph E. Bibisi, Robert P. Santangelo, Hope P. Kasper, James B. Streeto, Grady L. Faulkner, Jr., Deborah A. Kleckowski, David Bauer, and Daniel Drew; Corporation Counsel William Howard, Sergeant-at-arms Acting Deputy Chief of Police Gregory Sneed; and Common Council Clerk Marie O. Norwood. Also Present Fifty members of the public Meeting Called to Order The Chair calls the meeting to order at 7:03 p.m. and asks the Mock trial team from Mercy High School to lead the public in the Pledge of Allegiance. Call of Meeting Read The Call of the meeting is read and accepted. The Mayor declares this call a legal call and the meeting a legal meeting. Motion to Accept Agenda The Chair states he will entertain a motion to accept or amend the agenda. Councilman Serra moves to amend the agenda by adding the following: Substitute agenda items: Resolution 10-8, Creating a new line item in the Parking Department called Overtime, not Part time salaries; Resolution 10-12, Authorizing a LoCIP application for security measures in the Municipal Building in the amount of $60,000, not $50,000; Move Mayorìs Appointments to the top of the agenda after presentations including the appointment of the Deputy Director of Communications. His motion is seconded by Councilman Pessina. The Chair states items 10-8 and 10-12 have been substituted and the order of the agenda with Appointments to after presentation. He calls for the vote. It is unanimous with twelve aye votes. The Chair states the agenda is accepted as amended. Agenda Item 3-1 Description Resolution The Chair recognizes Councilwoman Kleckowski. She asks Marie Kalita Leary, as representative of Main Street Business District, to come forward for a resolution concerning Middletown Main Street chosen as a Romantic Main Street. She reads the resolution for the public. She congratulates and moves it for approval; Councilman Serra seconds the motion. The Chair states, without objection, it has been adopted by acclamation. Ms Leary states it was a wonderful phone call to receive from the National Preservation Trust. It was a group effort and photos were submitted along with a write up. Main Street has come a long way and we are glad we are listed that way with the National Preservation Trust. Resolution No. 40-11 File Name ccromanticmainst.doc Description Recognizing Middletown’s designation as a Romantic Main Street. (Approved) WHEREAS, the City of Middletown is a member of the Connecticut Main Street center, a part of the National Main Street Center whose parent organization is the National Trust for Historic Preservation; and WHEREAS, the National Trust Main Street Centerìs mission is îfor a preservation-based strategy for rebuilding places and enterprises that make sustainable, vibrant and unique communitiesï; and WHEREAS, the National Trust for Historic Preservation understands the importance of a viable Main Street as the economic engine and core for a thriving community; and April 4, 2011 COMMON COUNCIL MEETING Page 2 WHEREAS, February 2011, the National Trust for Historic Preservation looked throughout the nation for the Most Romantic Main Streets, one having atmosphere, history and romance, a place for a unique experience; and WHEREAS, Middletownìs Main Street was chosen and listed in their publication, as a Romantic Main Street, its îallure includes an artful Main Street brimming with elegant restaurants, an award-winning local chocolatier, and the romantic Inn at Middletown offering the best of New England Charm.ï NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That we congratulate the businesses from St. Johnìs Square to the South Green, Union Park, as well as those along all the side streets from High Street to the Connecticut River for capturing the attention of the National Trust for Preservation; and BE IT FURTHER RESOLVED: That we thank all the members of Commissions, Committees, Boards, and Agencies and City Departments for their efforts and diligence to maintain the beauty, culture, and economic viability of not only our Main Street, but also the community at large. Agenda Item 3-2 Description Resolution The Chair recognizes Councilman Drew and he asks the Mercy Mock Trial Team to come forward. Councilman Drew states he has a resolution for them and reads the it. He moves it for approval and his motion is seconded by Councilman Serra. The Chair states without objection, it is adopted by acclamation. Councilman Pessina states yes. The Chair offers his congratulations. Councilman Drew states you did an extraordinary thing and the skills to win are great and you have set a high standard. Atty. Corigliana, Advisor to the Team, thanks the Council; it is an academic activity and they do a wonderful job and she is proud of them. The Chair states the members will be recognized on Law Day and they will be given a proclamation and you will have your own day. If you can be at Superior Court on Law Day, you should attend the ceremony. He is happy that you will be showcased at that event as well. Congratulations. Councilman Pessina states the challenge is out there; win the championship and bring it back here to Middletown. Resolution No. 41-11 File Name ccmercymocktrialteamstatechamp.doc Description Congratulating the Mercy High School Mock Trial Team (Approved) WHEREAS, the Mercy High School Mock Trial Team has won the State Mock Trial Competition, sponsored by Civics First; and WHEREAS, sixty-five high schools competed for the State title, with the Mercy Mock Trial Team winning its trial over Westhill High School in Stamford; and WHEREAS, the Mercy students were the prosecution in an attempted murder case and presented their case before a panel of three Connecticut Supreme Court Justices, Justice Christine S. Vertefeuille, Justice Richard N. Palmer, and Justice Dennis G. Eveleigh; and WHEREAS, the Justices applauded the work of the team and awarded Mercy High School Junior, Tara Palnitkar with the îBest Speaker Awardï for her role as the best lawyer for the Mercy team; and WHEREAS, the team is coached by Mercy faculty member Attorney Terri Corigliano, Attorney Peter McSchane, and Attorney Amity Arscott and the Mock Trial Team members are Chirstina Blevins, Caity McAuliffe, Gabriella Santostefano, Emily Hall, Tara Palnitkar, Courtney Perales, Sahonnon Sulmassy, Patricia Soccarras, Julia Marcin, Genna Marcin, Christina Mortall, and Hanna Nagy; and WHEREAS, the Mercy High School Mock Trial Team will travel to Phoenix in May to compete in the National High School Mock Trial Competition and Mercyìs Team is the first Connecticut Mock Trial Team to do so. NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That we congratulate the Mercy Mock Trial Team and their faculty advisors for winning the State Mock Trial Competition; their achievement is one shared by the Team, their School, and Middletown; we are proud to have them as ambassadors of Middletown and role models for their peers and students in our schools; and BE IT FURTHER RESOLVED: That we wish them success in their endeavor to win the National Competition; their understanding of the legal system and their ability to deliver cogent arguments will serve them well in Phoenix . Agenda Item 3-3 Proclamation Artsì Advocacy Day The Chair states earlier today, two proclamations were presented recognizing Arts Advocacy Day and the Commission and arts community had a reception at the Shadow Room. Two proclamations were presented; the two recipients are Neely Bruce and the Mayorìs Ball Committee for their work. April 4, 2011 COMMON COUNCIL MEETING Page 3 The Chair states at this time two items have been moved forward and the public should be allowed to be heard; those two items are the Mayorìs Appointments. Councilman Serra states that is in order and without objection there will be a public hearing on those two items. Public Hearing Opened The Chair opens the public hearing on Mayorìs Appointments and the Appointment of the Deputy Director of Central Communications Mark Masselli states he wooed his wife on Main Street so it is a Romantic Main Street. He states he wants to applaud the Mayor and Council on the appointment of Izzy Greenberg to the Housing Authority. She will provide a great resource to the Housing Authority. He thanks the Council for finishing up 20 years on serving on the Housing Authority. It is his third love to bring affordable housing to the City. The Housing Authority and the work they do, it is not a City department. He was appointed when they were putting bars on the housing projects. You know you have lost the battle if you have to put bars on all the units in public housing. It is in all our minds. Soon after that, we razed Long River Village and from the Health Centerìs point of view, I remember being in New Britain and he was thanked by a woman for the Section 8 certificate she received. She said she lived in Long River Village, but the certificate let her move back to New Britain, her home town. Canìt we build quality and affordable units in town. When he came on the Authority Traverse Square was one color, brown and flat roofed. They brought back the old new England sloped roof and color. They took down the police station and built 3 houses as single owner homes as part of the mix. Mr. Marino, Cacciola, and Vinci approached them regarding housing for the deaf and they built Monarca Place. He would never have had the opportunity to meet great people like that if he had not served on the Housing Authority. He is proud they named it after Sal Monarca. The citizens were listened to. Izzy Greenberg will be a great advocate for housing; the work she does is for what is fair and just for our society. It is about the staff at the Housing Authority. It is a professional staff. They have Bill Vasiliou leading us and before him, Tom Gionfriddo. They look at ways to provide housing for our community. He sees all the woes of public housing throughout the State, but not here in Middletown. The 20 years has been a labor of love and Izzy will be a great citizen leader on that. Thank you for the opportunity for serving Middletown. The Chair asks for other speakers on these two issues. Sal Caracoglia asks if this is the time for the Director of EMS. He states I donìt know the young woman to be appointed, but he has questions on the Director and Deputy Director of Communications. He has struggled to try to get information from the Director of Communications and the Police Department. This is in regard to 911 calls and every time supposedly this information is supposed to be public information, but it seems like we have two sets of people; the people who control and the people who pay the individual. The people in control try to hide information that is valuable especially if you go to Court. When this agency tries to hide information from the public, someone has to pay the price. We have Councilmen and people in the government who try to meddle into the investigation to go in their favor because they have more control in the government system so they always win and the little guy doesnìt. This has to stop. We had a Mayor with a DUI and we thought it was changed. We have seen students beaten up by a teacher and no one knows nothing. Now, I am a victim. Point of Order Councilman Drew states these comments donìt pertain to the item. The Chair states two minutes left to Mr. Caracoglia. Mr. Caracoglia states he is a victim of an assault and the Police Department is trying to hide the fact that he was the victim. He did a Freedom of Information Act Request and the girl said he could not get the report for $2, like everyone else gets the information to go to Court. I paid $5,000 for medical bills and this Officer in the Police Department is trying to cover up or frame up what is going on because it was me because I am a rebel against City government. Your honor, I am getting sick and tired; I was refused a $2 report and I canìt tell if the Officer did his job or not and he got his inside information and the Officer put down that the incident could not be corroborated. He put in the report it was uncorroborated. It is about time corruption in Middletown ends. He will be the first to come here to reduce the corruption that goes on in this town. Wayne Bartolotta, Director Central Communications states he wants to get the train back on the track. It is about a City employee who has worked for the City for 15 years as a dispatcher and he is up for promotion tonight. He is well respected and liked and it is a much deserved promotion. He worked at 66 Church Street. The City of Middletown, Central Communications operates within the scope of Freedom of information. We keep records of calls, radio, and telephone communications for the time we are supposed to. April 4, 2011 COMMON COUNCIL MEETING Page 4 Mr. Caracoglia has called my house and I have helped him. We have more than serviced Mr. Caracoglia and we serviced him within the law. We keep calls for 30 days by law, and not for 8 months. A citizen calling for assistance for documentation can do that within the timeframe of the law. Mr. Caracoglia states you are right you did help me. You have confused your information with something. The Chair states we will not have a debate here. Public Hearing Closes The Chair asks for other members of the public who wish to comment on the confirmation of Mr. Kronenberger or the Mayorìs appointments; seeing no one, he closes the public hearing on these items at 7:32 p.m. The Chair states he makes the appointment of Izzy Greenberg to the Housing Authority and Joan Inglis to Inland/Wetlands. Councilman Serra moves them for approval; Councilman Pessina seconds the motion. Councilman Bauer states he would like to make a friendly amendment and electors fill the positions and he would like it official with Autumn Greenberg who is the elector and the minutes should show it. There is no objection. The vote is called and it is unanimous to approve with twelve aye votes. The Chair states the matters pass unanimously. Mayorìs Appointments (Approved) Housing Authority Appointment of Autumn îIzzyï Greenberg to March 30, 2016. Inland/Wetlands and Water Courses Agency: Reappointment of Joan Inglis to October 31, 2013 Agenda Item 10-1 Councilwoman Kasper reads and moves for approval agenda item 10-1; her motion is seconded by Councilman Pessina. The Chair states the item has been moved and seconded; there is no discussion indicated. He calls for the vote; it is unanimous with twelve aye votes by the Council members. The Chair states the matter passes unanimously with twelve aye votes by the Council. He offers congratulations to Mr. Kronenberger. Point of Order Councilman Pessina asks for a point of order. He states Joe worked for me at 66 Church Street and he came aboard when dispatching was different. He was a dedicated person and he is very happy to see Joe has progressed up through the Department and that it is centralized. He has the utmost confidence you will do a great job. Good luck and thank you for what you have done over the 15 years. Councilman Serra states as a Commission, we vetted Joe and we support this unanimous decision. The Chair states he comes with the respect of his peers; we know you will do a good job. Resolution No. 42-11 File Name pejkronenberger.doc Description Approving confirmation of the appointment of Joseph M. Kronenberger as Deputy Director of Communications and confirming the salary at Teamsters, Local 671, Salary Grade 14, Step 5 ($38.39 per hour, 40 hours) with the appointment effective upon Council confirmation. (Approved) Be it resolved by the Common Council of the City of Middletown: That Joseph M. Kronenberger be confirmed to the position of Deputy Director of Communications, Salary Grade 14, Step 5 ($38.39 hourly-40 hours), Teamsters-Local 671 (resume attached); and Be it further resolved: That said appointment shall be effective upon Common Council approval. Financial Impact: None-position budgeted. Agenda Item 4 Description Approval of Minutes The Chair requests a motion to approve the minutes of the regular Common Council meeting of March 7, 2011 at 7 p.m. meeting; Special Meetings of March 7, 2011 at 6 p.m., March 3, 2011 at 7 p.m., and March 10, 2011 at 7 p.m. having been deposited with the Mayor and Corporation Counsel and copies of the same having been served on each and every Council Member, the reading of the same having been dispensed with, Councilman Serra moves them for approval and is seconded by Councilman Bibisi. There is no discussion. The Chair calls for the vote. Councilman Streeto states he will abstain from the vote on all the minutes for March; The Chair states are April 4, 2011 COMMON COUNCIL MEETING Page 5 there any others. Seeing none and no discussion indicated, he calls for the vote. There are no nay votes. The Chair states the matters are accepted with no one in opposition and one abstention as noted. The minutes are approved. Agenda Items 5 and 6 Description Public Hearing Opens on Agenda Items The Chair opens the public hearing at 7:37 p.m. on any item on tonightìs agenda. He reminds everyone that there is a five minute rule. Michael Ennis states he is here on behalf of the Conservation Commission to ask for the Council’s support for Agenda Item 10-14 to support and fund the Jablonski parcel. It is a classic piece of farmland. It is contiguous to the Tynan parcel and expands that public space. It grants full access to Middletown residents of hundreds of acres of open space. It preserves agricultural land in the City. It was the Conservation Commission’s recommendation. You are leveraging Middletown dollars and you are getting incredible land with the grant. He thanks the land owner who wants to see their land preserved and thanks the Council for their stellar record of open space preservation and hopes it will continue. It is a good decision and everyone should be thanked for making Middletown a better place with open space. Beth Emery speaks to agenda item 10-9; it is more of a question of process. She supports that and what she points out is looking at the lease for this, Millane’s will post signs when they applying herbicide and pesticide and we mention DEP best practices there and if you turn the page, there is a big paragraph on page 1 and 2 in respect to environmental concerns and the technical amendment, page 4, there are a couple of things stated there as well about best practice and there is a fair amount in here about protecting the land and that should be expected and when she looked at the lease a year ago for the golf course, there are only two places in there and it is not consistent with the expectations being made by Millane and she would like consistency about the care of our land. She doesn’t know if it is too late to build a document and have the same provisions as expected of Millane’s. Millane’s lease talks about the water table and if you can go back and incorporate the same smart provisions in the golf course lease, you should. Public Hearing Closed The Chair asks if there are other members of the public who wish to speak to come forward. Seeing none, the Chair closes the public hearing on agenda items at 7:43 p.m. Agenda Item 7 Description Appropriations The Chair asks the Council Clerk to read the appropriation request and the Certificate of the Finance Director. Notice of Public Hearing MAYORìS OFFICE MUNICIPAL BUILDING Notice is hereby given that a regular meeting of the Common Council of the City of Middletown will be held in the Council Chamber of the Municipal Building on Monday, April 4, 2011 at 7:00 p.m. to consider and act upon the following: Public Works Dept. $295,000, Account No. 1000-22000-51360-0226, Winter/Snow Overtime, General Fund. Any and all persons interested may appear and be heard. ATTEST: SEBASTIAN N. GIULIANO Mayor Certificate of Director Of Finance To: His Honor Mayor Sebastian N. Giuliano and Members of the Common Council From: Finance Date: March 31, 2011 RE: Certification of Funds This is to certify that funds for the appropriations requested at your meeting of April 4, 2011 are available as follows: General Fund $295,000 April 4, 2011 COMMON COUNCIL MEETING Page 6 Respectfully submitted, Carl Erlacher Director of Finance Agenda Item 7 Description Appropriation Request Councilman Serra read and moves the Public Worksì Appropriation Request for approval; Councilman Pessina seconds the motion. Councilman Bauer states a question to the Chair; do we have any good news. We were disappointed about the FEMA grant; were we able to reverse a horrible decision. The Chair responds the Governor stated he would appeal that. We got clobbered because FEMA goes by counties, which we do not have in Connecticut. We did everything right. Because the shoreline didnìt have an impact from the storms they did not receive any help and we got lumped in with them. Councilman Bauer appreciates the pursuit of that. The Chair states the Governor is discussing counties and their meaning in Connecticut. Hearing no further discussion, the Chair calls for the vote. It is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously Public Works Dept. $295,000, Account No. 1000-22000-51360-0226, Winter/Snow Overtime, General Fund. (Approved) Agenda Item 8 Description Department, Committee, Commission Reports and Grant Approvals Councilman Serra reads and moves for approval 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, and 8I; Councilman Pessina seconds the motion. The Chair states the items have been moved and seconded and recognizes Councilwoman Bauer. He asked why they didnìt have the expenditure budget for the grant and it is the Councilìs policy that we authorize the spending and it seems we donìt get those budgets and he hopes we try to get the budgets and expenditure detail for the grants. We should redouble our efforts to see how it will be spent. Councilman Faulkner states he wants to speak to 8F the quarterly reports on the statistics on hiring and recruiting and with the retirement of our Acting Deputy Chief, we missed an opportunity to substantiate our Affirmative Action policy and he would like us to take time to look at our commitment to the policy. He is the third African American to work through the Department and not break through to the top. We should research how that is working. We had someone qualified that could do the job and we should research that and have a meeting with Personnel and Affirmative Action. The Chair states we will miss Acting Deputy Chief Sneed; it is a large loss to this community and the opportunity for him is very good. He became Sergeant under Mayor Garafalo, Lieutenant by Mayor Serra, Captain by Mayor Thornton and I made him Deputy Chief. We all recognize his worth. It will be hard to fill his shoes. Councilman Bibisi states we have a good record of affirmative action, especially in the Police Department. The Chair states yes we do; when you are good, you get recognized. Councilman Faulkner states he speaks with young people, particularly young African Americans and they are key to the community and they need to understand that you continue to do the best and do the hard work and get your credentials and donìt pay attention to someone not getting the top and that is the message for the young people. The Chair calls for the vote on the items that have been moved and seconded. It is unanimous to approve with twelve aye votes. The Chair states they are accepted/adopted unanimously. Agenda Item 8A Description Town Clerk Certification (Approved) April 4, 2011 I, Sandra Russo Driska, City and Town Clerk of the City of Middletown, and custodian of the records and seal thereof, hereby certify that all ordinances and appropriations passed and adopted at the regular meeting of the Common Council on March 7, 2011 at 7:00 p.m. and specials meetings on March 3, 2011 at 7 p.m., March 7, 2011 at 6 p.m. and March 10, 2011 at 7 p.m., have been advertised in the local newspaper. Attest: Sandra Russo Driska City & Town Clerk April 4, 2011 COMMON COUNCIL MEETING Page 7 Agenda Item 8B Description Monthly Reports (Accepted) Finance Department – Transfer Report to March 25, 2011 Public Works Monthly Report with summary Bldg Permits for February, 2011 Agenda Item 8C Description Grant Confirmation and Approval – Board of Education, Various Grants (Approved) Name of Grant: As Listed Below Amount Requested: $923,975.01 Code: 2450-33000-59405 Grant Period: From: 7/1/2010 To: 6/30/2011 Type of Amount Loaned from General Fund: $0.00 Department Administering Grant: Middletown Board of Education When any department, commission, office or agency is the recipient of any federal, state or other grant allocated for specific purposes, these funds shall be immediately transferred to the specific unit which has made application for such grant. Confirmation and approval of such transfer shall be given at the next regularly scheduled sessions of the Common Council. Not- withstanding any other Charter provision, the action of the Common Council in confirming and approving such transfer shall be an appropriation; no public hearing thereon shall be required and said funds may then be expended for the purposes for which they were granted. Description of services to be provided by this Grant: 769 - Middletown Teen Theater $10,965; 790 - Liberty Bank-Pathways-College/Career Awareness $515.50; 802 - Title I - Improving Basic Programs $739,130; 841 - Special Ed Medicaid $7,078.54; 846 - United Way Discover-Chris Fahey $.20; 852 - Universal Service Fund $10; 876 - Hartford Symphony $5,280; 700 - Food Services Receipts $40,879.04; 801 - Cigna Certified & Paras $111,474.14; 803 - Workers' Compensation $4,462.05; 804 - Preschool Receipts $3,103; 806 - SWAGG Parent Fees $121; 807 - Aetna Classified $203.79; 809 - Maintenance/Rentals $647.50; 893 -Fingerprinting Receipts $15.25; 901 - Keigwin Parent Fees $90.00. Total Special Programs Through 2/14/2011 $12,020,288.22 ADDITIONS $923,975.01 Total Special Programs Through 3/10/2011 $12,944,263.23 Requested by: Michael J. Frechette, Ph.D. Agenda Item 8D Description Grant Confirmation and Approval – Health Department – H1N1, MDA 36 (Approved) Name of Grant: H1N1--MDA 36 Amount Requested: $47,394.04 Code: 2490-31000-53725 Grant Period: From: To: Type of State Amount Loaned from General Fund: $0.00 Department Administering Grant: Health Department When any department, commission, office or agency is the recipient of any federal, state or other grant allocated for specific purposes, these funds shall be immediately transferred to the specific unit which has made application for such grant. Confirmation and approval of such transfer shall be given at the next regularly scheduled sessions of the Common Council. Not- withstanding any other Charter provision, the action of the Common Council in confirming and approving such transfer shall be an appropriation; no public hearing thereon shall be required and said funds may then be expended for the purposes for which they were granted. Description of services to be provided by this Grant: Funds to cover expenditures for the Mass Dispensing Area 36 (including towns of: Middletown, Durham, Cromwell & Middlefield) Requested by: Joseph A. Havlicek, MD Agenda Item 8E Description Grant Confirmation and Approval – Police Department, Drug, (Approved) Confiscated Funds Name of Grant: CT Drug Investigation Fund - Confiscated Funds Amount Requested: $12,389.86 Code: 3490-18000-57030 Grant Period: From: To: Type of State Amount Loaned from General Fund: $0.00 Department Administering Grant: Police Department When any department, commission, office or agency is the recipient of any federal, state or other grant allocated for specific purposes, these funds shall be immediately transferred to the specific unit which has made application for such grant. Confirmation and approval of such transfer shall be given at the next regularly scheduled sessions of the Common Council. Not- withstanding any other Charter provision, the action of the Common Council in confirming and approving such transfer shall be an appropriation; no public hearing thereon shall be required and said funds may then be expended for the purposes for which they were granted. Description of services to be provided by this Grant: Eighty five percent of the grant funds will be earmarked for Street Crime activities and fifteen percent will be used for educational purposes outlined in the CT General Statutes 54-36i. $10,531.38 to line#3490-18000-57030- 0180-03536-0000-000 Confiscated Funds and $1,858.48 to line #3490-57030-03535-0000-000 Drug Education. Requested by: Acting Chief Patrick T. McMahon Agenda Item 8F Description Report, Human Relations, 2nd Quarter Recruitment and Hiring Report (Accepted) Agenda Item 8G April 4, 2011 COMMON COUNCIL MEETING Page 8 Description Emergency Purchase – Fire Department, Repairs for Alarm Bucket Truck from CUES (Approved) Agenda Item 8H Description Emergency Purchase – Public Works, Parts from New England Truck (Approved) Equipment Agenda Item 8I Description Grant Confirmation and Approval – Health Department, NAACHO (Approved) Name of Grant: NACCHO (National Association of County & City Health Officials) Amount Requested: $5,000.00 Code: 3070 Grant Period: From: 1/5/2011 To: 7/31/2011 Type of Federal Amount Loaned from General Fund: $0.00 Department Administering Grant: Health Department When any department, commission, office or agency is the recipient of any federal, state or other grant allocated for specific purposes, these funds shall be immediately transferred to the specific unit which has made application for such grant. Confirmation and approval of such transfer shall be given at the next regularly scheduled sessions of the Common Council. Not- withstanding any other Charter provision, the action of the Common Council in confirming and approving such transfer shall be an appropriation; no public hearing thereon shall be required and said funds may then be expended for the purposes for which they were granted. Description of services to be provided by this Grant: funds to build the capacity of local Medical Reserve Corps (MRC) units. Requested by: Joseph A. Havlicek Agenda Item 9 Description Payment of City Bills (Approved) Councilman Serra moves to pay all bills that have been properly approved. Councilman Pessina seconds the motion. The Chair calls for the vote. It is eleven aye votes by Council Members Serra, Klattenberg, Pessina, Daley, Bibisi, Santangelo, Kasper, Streeto, Faulkner, Kleckowski, and Drew and one nay vote by Councilman Bauer. The Chair states the matter passes with eleven affirmative votes and one in opposition; none, abstaining. Agenda Item 10 Description Ordinances and Resolutions Agenda Item 10-2 Councilman Daley reads and moves for approval agenda item 10-2; his motion is seconded by Councilman Serra. Councilman Daley states each student will be recognized at Honorìs night on May 19 at the Elks. It is a wonderful night. He states to the Mayor, you are always there and it is good to recognize the students who have been on the honor roll for their entire high school career. The Chair calls for the vote and it is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously Resolution No. 43-11 File Name cchonorstumhs2011.doc Description Honoring 63 students from the Middletown High School Class of 2011 for Academic Excellence (Approved) Whereas, the mission of public education in Middletown is to enable students to achieve their highest potential by challenging them with a variety of educational experiences to develop them intellectually, socially, and physically; and Whereas, each person is an important resource for Middletown and the successful education of our children is essential to our Cityìs continued and future growth; and Whereas, Middletown High School and the Middletown Board of Education will hold an honors reception on May 19, 2011 to honor those students who have excelled during their four years at Middletown High School; and Whereas, the students have achieved academic excellence, as well as shown leadership in their school and community, the highest of character and civic values, as well as providing at least 30 hours of volunteer service in their school and community; and Whereas, the Class of 2011 has sixty-three members who have distinguished themselves as honor students and they are Begum Abadin, Anna Abong'o, Luka Augeri, Kylee Blair, Brianna Bomely, Jordan Brown, Amberlyn Burr, Rachel Calter, Cindy Chen, Pauravi Chhaya, Jacqueline Coady, Brittany Cotharin, Allison Cullinan, Nichole DiBenedetto, Kelsey Diemand, Leyna Donaldson, Emily Drewniany, Zoe Fieldsteel, Nathan Fletcher, Zachary Fletcher, Scott Fugger, Steven Gambino, Taylor Garboski, Nana Gyimah, Christina Harvey, Emily Hatfield, Marielle Hilversum, Alexander Horn, Ethan Jackowitz, Kyla Kachinsky, Klaudia Kawka, Kharisha Mae Laroco, Michele Lau, Emily Levis, Michelle Lundigan, Tyler McDonald, Michael McGuire, Lauren Medeiros, Joshua Mrozowski, Christina Nowack, Kaitlyn Passons, Kaitlyn Pearce, Kimberly April 4, 2011 COMMON COUNCIL MEETING Page 9 Peracchio, Alicja Piotrowska, Adam Przekopski, Garrett Rice-Earl, Marisa Rodo, Robert Rotaru, Katherine Roy, Matthew Salisbury, Natalie Schmitt, Luke Scotton, Dilovan Serindag, Jason Sinagra, Kelsie Sprague, Steven Stanley, Ashley Stokes, Abhishek Thakur, Jordan Timbro, Alyssa Tuomi, Michael Whittaker, Amber Wolfgram, Louis Zanette; and Now therefore be it resolved by the Common Council of the City of Middletown: That on behalf of the citizens of Middletown, we recognize the honor studentsì personal achievements, not only for four years of academic excellence in the classroom, but also for distinguishing themselves through their commitment to character and citizenship, as leaders and role models in their school and in the community; and Be it further resolved: That we extend our congratulations and best wishes to these students and that we recognize the encouragement and dedication of their faculty mentors; and Be it further resolved: That a true and attested copy of the foregoing resolution be presented to these honor students of Middletown High School, graduating Class of 2011 at the honor reception to be held on May 19, 2011 as a token of our appreciation for their efforts and as an impetus to succeed in all their future endeavors. Financial Impact: There is no impact with this resolution. Agenda Item 10-3 Councilwoman Kasper reads and moves for approval agenda item 10-3; her motion is seconded by Councilman Drew. Councilman Streeto urges everyone to support this. Connecticut is one of the only states to recognize gender class regarding women earning only 76% of menìs salaries; this is long overdue. The Chair, seeing no further discussion indicated, calls for the vote. It is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously. Resolution No. 44-11 File Name ccpayequityforwomen2011.doc Description Approving supporting Pay Equity Day on April 12, recognizing the full value of womenìs skills and their contributions to the labor force. (Approved) WHEREAS, the Permanent Commission on the Status of Women is hold Pay Equity Day on April 12, 2011; and WHEREAS, according to statistics released in 2010 by the U.S. Census Bureau, year-round, full-time working women in 2009 earned only 78% of the earnings of year-round, full-time working men, indicating little change or progress in pay equity; and WHEREAS, over a working lifetime, this wage disparity costs the average American woman and her family $700,000 to $2 million in lost wages; to ensure adequate retirement savings, a woman with typical earnings must work 15 years longer than a man; and WHEREAS, although, according to the National Committee on Pay Equity (NCPE), the gap between menìs womenìs earnings has been closing, this is due in part due to a fall in menìs earnings rather than an increase in womenìs earnings; and WHEREAS, In Connecticut, women make up almost half the workforce but on average, their earnings are only 76% of menìs; a vast majority of households depend on wages of a working mother; and WHEREAS, in 2009, Connecticut passed a comprehensive equal pay law that prohibits discrimination on the basis of sex, and the statistics show there is still work to be done to ensure Pay Equity in Connecticut. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That Middletown supports Pay Equity Day on April 12 and urges its citizens to recognize the full value of womenìs skills and their significant contributions to the labor force. Agenda Item 10-4 Councilman Santangelo reads and moves for approval agenda item 10-4; his motion seconded by Councilman Pessina. There is no discussion indicated and the vote is called. The matter passes unanimously with twelve aye votes. The Chair states the matter passes unanimously. Resolution No. 45-11 File Name cchocr2011.doc Description Approving co-sponsoring the Head of the Ct Regatta to be held October 16, 2011. (Approved) WHEREAS, the City of Middletown has been the sponsor of the Head of the Connecticut Regatta since its inception in 1975; and WHEREAS, this event has greatly encouraged the development of amateur rowing in Middletown and has focused community, regional, State and northeastern United States attention on the City's revitalization of its riverfront; and WHEREAS, the Middletown Lions Club, Inc. a non-profit corporation, will organize and administer to the annual Head of the Connecticut Regatta and will conduct the Regatta on October 16, 2011, its thirty-sixth year of rowing competition; and April 4, 2011 COMMON COUNCIL MEETING Page 10 WHEREAS, the Common Council of the City of Middletown finds it to be in the economic and recreational interest of the City of Middletown and neighboring towns, their residents and taxpayers to ensure the future success of this event; and WHEREAS, the use of certain City-owned facilities, City personnel and City equipment is absolutely vital to the conduct of the Regatta. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That, together with the Mayor, the Common Council of the City of Middletown TH thanks and congratulates all Regatta volunteers and participants on the City’s 36 annual Regatta, an event which brings distinction to the City of Middletown and its rowing community; and BE IT FURTHER RESOLVED: That, the City of Middletown proudly continues to sponsor the Head of the Connecticut Regatta to be held on October 16, 2011; and BE IT FURTHER RESOLVED: That the Common Council of the City of Middletown does designate and authorize the Middletown Lions Club, Inc., which shall provide liability and insurance coverage for its officers, directors, and volunteers, as agents of the City of Middletown naming the City as additional insured under such coverage, as the City’s agent in all matters relating to the Regatta including use of City-owned facilities, equipment, Middletown High School motor launches and the Middletown Fire Department’s pontoon utility craft for preparation and conducting the Regatta, as well as requesting cooperation, permits, etc. from local communities, Coast Guard, and State authorities; and BE IT FURTHER RESOLVED: That, the Common Council of the City of Middletown offers priority use of Harborpark for the Regatta on Sunday, October 16, 2011; and BE IT FURTHER RESOLVED: That, the Common Council of the City of Middletown acknowledges the necessity to secure authorization from the U.S. Coast Guard to restrict river traffic on October 16, 2011; and to discourage non-Regatta traffic on that day; and BE IT FURTHER RESOLVED: That, the Common Council of the City of Middletown authorizes both the Middletown Police Department and the Middletown Lions Club to restrict non-essential vehicular traffic on Harbor Drive as deemed necessary in order to accommodate the functioning of the Regatta; and BE IT FURTHER RESOLVED: That all City vending licenses are suspended on Harbor Drive on October 16, 2011; and BE IT FURTHER RESOLVED: That, the Common Council of the City of Middletown does request that the Departments of Public Works, Park & Recreation, Police, Fire, Health, Water and Sewer, and the Harbor Improvement Agency and City Harbor Master to render all such assistance and support as may be required to ensure the public health and safety of the many participants and visitors of the Regatta. Fiscal Impact: The Police Department is budgeting $5,683 in the 2012-13 budget for this event; the Fire Department budgets marine rescue service at overtime costs of approximately $2,400; B; Park and Recreation provided an estimated cost of $4,885 and the Health Department does food inspection at a cost of $100., neither are budgeted. Public Works has not provided services. Agenda Item 10-5 Councilman Drew reads and moves for approval agenda item 10-5; his motion is seconded by Councilman Pessina. The Chair recognizes Councilman Bauer who states he has some difficulty with this lease. It cost us 1/3 of a million dollars to dispatch a 99 year lease although the people sitting here before us are good people, but they look as old as I am and I donìt know where I will be in 25 years and the difficulty we had with this process, it is not the best stewardship. We have had a couple of iterations with these properties and representations made they would be self-funded. We had to put money in to buy the Country Club Road property and what would be best for the stewardship would be a 5 year lease and have them at the front of the line and give it to them; they should come and let us know how the program is going, like a check up. The 25 year leases have not worked well for Middletown. Being optimistic with this group, on behalf of Middletown, we need to work more closely then set it and forget it. I would make a motion to postpone and take it back to change the period of the lease to 5 years with multiple extensions. The Chair states I donìt hear a second. Councilman Drew states he brought concerns up during questions to directors and the City Attorney said without the 25 year lease the City would loose leveraged funding for the site. This project is an asset for Middletown and we need the field space. Without a long term lease, on a short term lease, there will be no stability for the program Twenty-five years is not an undue amount of time. Councilman Pessina thanks Councilman Drew for his comments and for those reasons he will support the resolution. The City Attorney stated it comes up for review every five years. We have over 1,000 soccer players and anything we can do to promote fields and athleticism is a win. He will support this and the soccer organization for Middletown. April 4, 2011 COMMON COUNCIL MEETING Page 11 Councilman Streeto states briefly, there is a larger form of stewardship that goes beyond dollars and cents. The program is unique to Middletown and no other community has one that is as extensive and we need to help it thrive. This lease is a win situation for Middletown. Councilman Bibisi states under the guidance of the City Attorney, the 25 year lease is important. The money is in place and we are ready to go; letìs finish it up. We have over 1,000 kids who use this program. He will support this. Councilman Serra states it is time to take care of this. We donìt want to jeopardize the funding for further improvements. If we took it over, we would have to spend over Ω million for what is being done by volunteers. They have individuals who can take care of it. Youth soccer league has invested $400,000 of their own money in this as well. It is a team effort. Councilman Bauer states first through the Chair a representation was made by Councilman Pessina that there would be regular reviews. Councilman Pessina responds the City Attorney stated it under questioning. Councilman Bauer asks where it is in the lease. Councilman Pessina states he will not debate this and you should contact the City Attorneyìs Office. Councilman Bauer states he believes in the written word. They are putting up money; the City has relationships like little league and that seems successful. He points out we are making and I donìt see or diminish the investment they make, every year the City is responsible for keeping the fields up and they make more investment in the operational cost and to put it on autopilot for 25 years, he is not sure that is the best thing. The lease doesnìt discuss any review of less than 25 years and I donìt like it represented that things are in the contract that donìt exist there and regrets having to hear that. Councilman Serra states this is a no brainer with the fields. The City of Middletown, the schools utilize the fields as well and there is cooperation between the league and the schools and for the City to just take it over and maintain them is not much of a price to take over this. All the schools utilize the fields and the Athletic Director calls the League to schedule the fields. We said during directors questioning, if we donìt do this it will jeopardize improvements to the fields, including lights and a concession stand and he will not jeopardize that. The Chair states Middletown Youth Soccer is recipient of a grant to do the improvements and a leasehold on the property is necessary and it is for the reasonable life expectancy for the improvements. Frank Marchese states they have money from the State and they have four soccer fields that are being used and one is being lighted. The Chair states the money is from the State of Connecticut and they required a long term lease. The length is tied to the reasonable life expectancy of the lights and concession stand which is why the lease is the length it is. Seeing no further discussion indicated, the Chair calls the vote. It is approved with eleven aye votes by Council Members Serra, Klattenberg, Pessina, Daley, Bibisi, Santangelo, Kasper, Streeto, Faulkner, Kleckowski, and Drew; and one nay vote by Councilman Bauer. The Chair states the matter passes with one in opposition. Resolution No. 46-11 File Name prMiddletownYouthSoccer25yearlease.doc Description Approving authorizing Mayor Sebastian N. Giuliano to enter into a 25- year lease with Middletown Youth Soccer for soccer fields on Country Club road in consideration of additional improvements to be provided by Middletown Youth Soccer. (Approved) WHEREAS, on October 26, 2005, Middletown Youth Soccer and the City of Middletown entered into a 99-year lease for use of property on Country Club Road and Long Hill Road to be used for soccer fields; and WHEREAS, Middletown Youth Soccer has completed construction of four fields on the Country Club Road site; and WHEREAS, the Common Council has approved the bonding of $355,000 to complete the fields on Long Hill Road and by accepting this offer, Middletown Youth Soccer has relinquished the 99 year lease; and WHEREAS, Middletown Youth Soccer has applied and will receive grant funds for additional improvements to the Country Club Road site including the installation of lights for one field, fencing all around four fields, paving of the parking lot, construction of a concession stand and restrooms and installation of a scoreboard; and WHEREAS, in consideration of these additional improvements to be made to the soccer facility on Country Club Road, the Common Council agrees to provide a 25 year lease to Middletown Youth Soccer; and April 4, 2011 COMMON COUNCIL MEETING Page 12 WHEREAS, Middletown Youth Soccer will agree to oversee the completion of the soccer fields on Long Hill Road and will then turn the fields over to the City of Middletown Parks & Recreation Department for scheduling and use. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That Mayor Sebastian N. Giuliano is hereby authorized to enter into a 25-year lease with Middletown Youth Soccer for the soccer fields on Country Club Road. The LESSEE agrees with all terms and conditions as set forth in the attached agreement. Financial Impact Statement The Parks Department staff already maintains the soccer fields on Country Club Road, therefore, there will not be an additional financial impact to the Parks budget. Agenda item 10-6 Councilwoman Kasper reads and moves for approval agenda item 10-6; her motion is seconded by Councilman Drew. There is no discussion. The vote is called and the matter is approved with eleven aye votes by Council Members Serra, Klattenberg, Pessina, Daley, Bibisi, Santangelo, Kasper, Streeto, Faulkner, Kleckowski, and Drew; and one nay vote by Councilman Bauer. The Chair states the matter passes with one in opposition. Resolution No. 47-11 File Name penonbargaining466-2010-2012.doc Description Approving the benefits, cost of benefits and salary increases for nonbargaining positions of Administrative Secretary III, and Administrative Assistant in the Mayorìs Office; Personnel Assistant and Personnel Aide in the Personnel Department; Administrative Secretary III, Legal Department and Administrative Secretary III, Board of Education the same as those provided to Local #466, AFSCME AFL-CIO from July 1, 2010 through June 30, 2012 and approving the Democratic and Republic Assistant Registrars of Voters receive insurance benefits and wages afforded to the membership of Local 3466 from July 1, 2010 through June 30, 2012. (Approved) Be it resolved by the Common Council of the City of Middletown: That the positions of Administrative Secretary III, Administrative Assistant, Mayorìs Office; Personnel Assistant, Personnel Aide, Personnel Dept; Administrative Secretary III, Legal Dept; Administrative Secretary III, Board of Education receive all the same benefits, cost of benefits and salary increases provided for under the Collective Bargaining Agreement between the City of Middletown and Local #466, AFSCME, AFL-CIO for the period of July 1, 2010 through June 30, 2012 effective July 1, 2010 and; BE IT RESOLVED: That the Democratic Assistant Registrar of Voters and the Republican Assistant Registrar of Voters receive the insurance benefits and wages accorded the membership of Local #466 as of July l, 2010 through June 30, 2012 effective July l, 2010; and, BE IT FURTHER RESOLVED: That the Democratic Registrar of Voters and the Republican Registrar of Voters receive the health insurance benefits accorded the membership of Local #466 as of July 1, 2010 through June 30, 2012. Fiscal Impact: $3,763 Agenda item 10-7 Councilman Streeto reads and moves for approval agenda item 10-7; Councilman Pessina seconds his motion. There is no discussion indicated. The Chair calls for the vote. It is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously. Resolution No. 48-11 File Name peewhite.doc Description Approving advancing 30 days of sick time to Eddie H. White, Water and Sewer Department with said sick time to be repaid in accordance with Article I, Section 74-3 of the Middletown Code of Ordinances. (Approved) Whereas, Eddie H. White, has been employed with the Water & Sewer Department since 1987; and Whereas, Mr. White has been out of work due to illness and he has exhausted his sick time and time advanced by the Mayor; Now therefore Now, Therefore, Be it resolved by the Common Council of the City of Middletown: That Eddie H. White be granted a 30-day advanced sick leave. Fiscal Impact: None. Employee will pay back said advance In accordance with Article I, ® 74-3 of the Middletown Code of Ordinance. April 4, 2011 COMMON COUNCIL MEETING Page 13 Agenda Item 10-8 The Chair recognizes Councilman Serra for agenda item 10-8; he moves it for approval and his motion is seconded by Councilwoman Kasper. There is no discussion indicated. The Chair calls for the vote. It is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously. Noted for the Record Councilman Serra leaves the Chamber at 8:10 p.m. Resolution No. 49-11 File Name pkovertimeline2011.doc Description Approving creating a new line item in the Parking Department entitled Overtime Salaries and approving a transfer of $2,000 from line item 1000-18500-51215 into the new line item. (Approved) Be it Resolved by the Common Council of the City of Middletown: That a new line item be created in the Parking Department general fund budget entitled Over time Salaries and that a transfer of $2,000 from line item 1000-18500-51215-0000-00000-0000-000, Part Time Salaries be approved into the new line item. Financial Impact: There is no impact on the current budget as the line item will be funded with a transfer of monies all ready appropriated. Agenda Item 10-9 Councilman Daley reads and moves for approval agenda item 10-9; Councilman Pessina seconds his motion. Councilman Bauer states for the record, he is concerned we do not have policies in place and we should have better guidelines about open space. Noted for the Record Councilman Serra resumes his seat in the Chamber at 8:11 p.m. We need to be consistent on the open space properties and we would have that kind of guidance in place. He is surprised; he followed the dialogue on this issue form Forestry to Economic Development and was surprised it became a five year lease. It wasnìt anyone asking here and it was between the potential golf project and Millaneìs and he wonders who is looking out for the taxpayer. He is uncomfortable about the process because it was hashed out with two parties who are not the City of Middletown. The Chair, hearing no further comments, calls for the vote. It is unanimous to approve with twelve aye votes. The Chair declares the matter passes unanimously. Resolution No. 50-11 File Name PCDMillanesLeaseRenewal.doc Description Approving authorizing the Mayor to enter into a lease agreement with Millaneìs for 34 acres for raising nursery stock with the Lessee agreeing with all terms and conditions set forth in the agreement and Technical Amendment. (Approved) WHEREAS; on June 6 of 2005, the Common Council of the City of Middletown accepted approximately 260 acres of land, including four (4) houses, from the State of Connecticut in the vicinity of the Former Long Lane School and Connecticut Valley Hospital; and WHEREAS; thirty four (34) of these acres are and have been used for over twenty (20) years by Millaneìs Nursery for raising nursery stock; and WHEREAS; on January 3, 2006, the Common Council of the City of Middletown approved Resolution 04-06 to lease said lands to Millaneìs Nursery; and WHEREAS; Millaneìs is desirous of continuing to rent the same land from the City of Middletown to continue its operations; and WHEREAS; the attached lease agreement has been reviewed and approved by the Conservation Commission, the Urban Forestry Board, the Planning and Zoning Commission and the Economic Development Committee. NOW THEREFORE BE IT RESOLVED BY THE CITY OF MIDDLETOWN COMMON COUNCIL: that the Mayor is authorized to enter into said lease agreement; and BE IT RESOLVED FURTHER; that Millane's will post signs whenever they apply herbicides and pesticides as discussed and agreed to at the November meeting of the Conservation Commission and will employ State Department of Environmental Protection (DEP) best management practices for all herbicide and pesticide applications on all leased parcels whether owned by the City of Middletown or the State of Connecticut. The LESSEE agrees with all terms and conditions as set forth in the attached Technical Amendment. FINANCIAL IMPACT óThere is no impact to the general fund. The lease income will support the Tree Fund. April 4, 2011 COMMON COUNCIL MEETING Page 14 Agenda Item 10-10 Councilman Faulkner reads and moves agenda item 10-10 for approval and Councilman Streeto seconds the motion. Motion to Postpone Councilman Serra moves to postpone this to the next regular Council meeting. Councilwoman Kasper seconds the motion. Councilman Bauer states he doesnìt know how it will get better and he remembers problems with quorum and we have trouble getting volunteers and people to the meetings. Postponing wonìt cause harm, but applauds Planning, Conservation, and Development for trying to come up with a solution to get the work done. He hopes there is a solution as soon as possible Councilman Faulkner agrees with the quorum issues, I think it has improved since we put the word out and advertised there were openings on the committees. It is an issue that we have. The question he has is that there are things that are required to happen by HUD and is there a timeframe. Councilwoman Kasper states it wasnìt indicated that it would have to be completed. Councilman Bauer states he remembers the question coming up and we would be okay so long as they can do it before the next fiscal period, we are on solid ground The Chair states the vote is to postpone to date certain. It is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously. The agenda item, 10-10 is postponed to the next regular Council meeting. Resolution No. 51-11 File Name PCD_CPPamendment2011res.doc Description Approving adopting the amended Citizen Participation Plan that changes the amendment process for Consolidated Plans and Annual Plans to comply with federal regulations. (Postponed to May 2, 2011, Date Certain) WHEREAS, the City of Middletown receives Community Development Block Grant (CDBG) funds from the U.S. Department of Housing & Urban Development (HUD) as an entitlement community; and WHEREAS, the final rule was published on January 5, 1995 in the Federal Register for the Consolidated Submission for Community Planning & Development Programs; and WHEREAS, the City of Middletown an annual entitlement to benefit low and moderate income residents and reduce slum and blight; and, WHEREAS, pursuant to the HUD final rule, the City of Middletown has a Citizensì Advisory Committee which advises the Common Council on the use of its annual CDBG entitlement and the Citizen Participation Plan provides the framework with which these recommendations are formulated and vetted by the Committee, Common Council and the public; and, NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: adopt the amended Citizen Participation Plan that changes the amendment process for Consolidated Plans and Annual Plans to comply with federal requires. FINANCIAL IMPACT STATEMENT The proposed amendment is not fiscal in nature, but deals with membership and process. The multiple approaches to allocating funds could require multiple legal notices costs, but planning could consolidate these notices to minimize additional administrative costs for the program. Agenda Item 10-11 Councilman Drew reads and moves for approval agenda item 10-11; Councilman Pessina seconds the motion. Councilman Bauer states once again during questions the Department Director wasnìt sure of the cost and we should clear up that we should not overpay for this. It is not an emergency and he hopes we will follow City procedures on purchasing and that we are not paying more than a state bid price. He hopes that will be followed through. Councilman Drew responds they did go through State bid on this. The Chair states they canìt spend more; they can spend less, but not more. Councilman Pessina states what Councilman Drew said is accurate; I asked that question and that is what they said. That is the quote. Councilman Bauer states it does not. His question started out and from the e-mail what raised a red flag was the quote for the heater and a 35% surcharge. April 4, 2011 COMMON COUNCIL MEETING Page 15 Councilman Pessina replies Supervisor Milardo said it would be removed and he clearly stated it is from the State bid. Councilman Bauer asks where does it say that. Call the Question Councilman Streeto moves to call the question; his motion is seconded by Councilman Daley. The Chair calls for the vote on this motion and it is unanimous to approve. The Chair states the motion carries. The Chair calls for the vote on the original motion. it is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously. Resolution No. 52-11 File Name prlocipappforoilfiredgaragefurnace.doc Description Authorizing the Mayor to sign an application to the State of Connecticut for $9,500 from the Local Capital Improvement program to purchase and install a new oil-fired furnace for the parks garage on Butternut Street and approving creating a new Capital Line Item entitled Parks Garage Furnace in the amount of $9,500. (Approved) Now, Therefore, Be it Resolved by the Common Council of the City of Middletown: That Mayor Sebastian N. Giuliano be authorized to sign an application to the State of Connecticut for $9,500.00 from the Local Capital Improvement Program (LOCIP) to purchase and install a new oil-fired furnace for the Parks Garage on Butternut Street; and BE IT FUTHER RESOLVED: That a new Capital Improvement line item entitled Parks Garage Furnace in the amount of $9,500 be added. Agenda Item 10-12 Councilman Klattenberg reads and moves for approval agenda item 10-12; his motion is seconded by Councilman Daley. Councilman Klattenberg states he wanted to acknowledge the good work that was done on this phase for security. This is a good logical next step to improve security in the building. Having additional ways for employees to alert others of a security threat is a good next step. Councilman Faulkner states he will be supporting this, but wants to make the point that we keep going to technological solutions and what he gleaned from the incident, we have to get into training our folks to be prepared. It is preparedness. I donìt know how many emergency drills you have, he would like to see it as part of the strategy to train employees on how to react to incidents like this. Councilman Bibisi states he will support it; the security system is a non- intrusive system and it provides a line of security for our employees using technology to let them know what is going on in the building. They are trained on how to react and deal with the situation and this system will alert the employees. Councilman Serra states kudos to Councilman Klattenberg and kudos should go to the Public Safety Committee because it was shelved. He thanks the Public Safety Committee members for supporting this. The next step would be training. Councilman Daley states he wants to respond to Councilman Faulknerìs point; at Finance, they did discuss those elements of training and education of people working in the building and it is part of the plan as well as consideration of additional measures like a security guard. All the tech solutions available will not be effective unless people are educated to use them properly. The new audio alert system will alert when certain Council members come into the building. The Chair calls for the vote. It is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously Resolution No. 53-11 File Name pwlocipappformunicipalbuildingsecurity.doc Description Authorizing the Mayor to sign an application to the State of Connecticut for $60,000 from the Local Capital Improvement Program for security measures in the Municipal Building; approving creating a new Capital Improvement Line item entitled Security Measures, Municipal Building in the amount of $60,000; and approving a loan from the general fund in the amount of $60,000 to be repaid upon receipt of grant funds. April 4, 2011 COMMON COUNCIL MEETING Page 16 (Approved) Be It Resolved By The Common Council of the City of Middletown: That Mayor Sebastian N. Giuliano be authorized to sign an application to the State of Connecticut for $60,000 from the Local Capital Improvement Program (LoCIP) for security measures in the Municipal Building including an Upgrade Simplex Alarm system, panic buttons, security cameras for the municipal building; Be It Further Resolved: That a loan from the General Fund in the amount of $60,000 is hereby authorized and that said loan be paid from LoCIP grant receipts; and Be it Further Resolved: That a new Capital Improvement line item, Security Measures, Municipal Building 2011, in the amount of $60,000 be approved in the Capital Plan. Financial Impact: Using LoCIP Grant Funds for this system will not affect the general fund budget and security measures are needed in the municipal building. Agenda Item 10-13 Councilman Klattenberg reads and moves for approval agenda item 10-13; his motion seconded by Councilman Serra. Councilman Klattenberg states it should read $90 per hour. The Chair states it can be considered amended if all agree; there are no objections. The Chair calls for the vote and it is approved with eleven aye votes by Council Members Serra, Klattenberg, Pessina, Daley, Bibisi, Santangelo, Kasper, Streeto, Faulkner, Kleckowski, and Bauer; and one nay vote by Councilman Drew. The Chair states the matter passes with one in opposition. Resolution No. 54-11 File Name pwstreetsweepingbidwaiver2011 Description Approving the waiving of the Competitive Bidding Requirement in accordance with Chapter 78-8 for the Public Works Department to use Capital Sweeping at $90 per hour. (Approved) Whereas, the lowest vendor on the State of Connecticut contract for street sweeping last year was $94 per hour; and Whereas, the State of Connecticut did not bid street sweeping in this fiscal year; and Whereas, Cityìs vendor for the last five years, Capitol Sweeping, has submitted a bid for $90 per hour; and Whereas, the Public Works Department has been satisfied with the work completed by Capitol Sweeping; and Whereas, Capitol Sweeping is already familiar with the City routes, and as a result, can complete the sweeping in a much more timely fashion; and Whereas, the Public Works Department has agreed to place this work out to bid next fiscal year; and Whereas, the Standardization Committee has reviewed all documentation and supports the request for a waiver. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That in accordance with Chapter 78-8 of the Middletown Code of Ordinances, the competitive bidding requirement is hereby waived to hire Capitol Sweeping for street sweeping services at $90 per hour. Agenda Item 10-14 Councilman Klattenberg reads and moves for approval agenda item 10-14; his motion is seconded by Councilman Bauer. Councilman Klattenberg adds to a comment made by Michael Ennis, the unique quality of the land and that it is contiguous and it is 68 acres and if you include Wesleyan it is 120 and if you use the Water Department land, it is over 800 acres. I enthusiastically support this resolution Councilman Drew states he supports that enthusiasm and will support this. Councilman Bibisi states we would be remiss if we didnìt recognize Cindy Jablonski and her father farmed that property, Frank Jablonski. It is a tribute to him. Councilman Bauer states he supports this. The Chair, hearing no further comments from the Council, calls for the vote. It is unanimous to approve with twelve aye votes. The Chair states the matter passes unanimously. Resolution No. 55-11 File Name PCDJablonskiPurchase2011.doc April 4, 2011 COMMON COUNCIL MEETING Page 17 Description Authorizing the Mayor to sign documents for the acquisition of the Jablonski property for $331,500 and approving a loan from the general fund in the amount of $165,750, the Department of Environment Protection grant award to purchase the 22 acres on Country Club Road, with said loan to be repaid upon receipt of State grant funds. (Approved) WHEREAS the City of Middletown has adopted and is implementing a successful Open Space and Farmlands Acquisition Program; and WHEREAS, the voters of the City of Middletown approved a $2 million open space bond in November 2007; and WHEREAS, the Conservation Commission approved a motion to apply to the State of Connecticut for open space matching funds up to 65 % of the cost of acquisition for the 22 acre Jablonski property on Higby Rd; and WHEREAS, the city conducted 2 appraisals of said parcel which concluded said value of the property to be $255,000 and $408,000 respectively; and WHEREAS, this acquisition of said land is consistent with the Plan of Conservation and Development of the City of Middletown; and WHEREAS, the Common Council approved the submission of this application in May 2010 to the Department of Environmental Protection; and WHEREAS, the City of Middletown was awarded $165,750 from the Department of Environmental Protection (DEP) in October 2010 for the fee-simple purchase of the Jablonski property; and WHEREAS, the City of Middletown is required to match the DEPìs grant funds in the amount of $165,750; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: that the Common Council hereby approves a loan in the amount of $165,750 from the general fund for the fee-simple purchase of the Jablonski property for the amount of $331,500 to be paid upon receipt of DEP grant funds; AND BE IT FURTHER RESOLVED THAT THE MAYOR is hereby authorized to sign all documents to effectuate this acquisition. Agenda Item 13 Description Contingency Fund Transfers No Contingency Fund Transfers Agenda Item 43 Description Questions to Directors on Nonagenda Items Motion to Adjourn Councilman Pessina moves to adjourn and his motion is seconded by Councilman Bauer. There is no discussion and the vote is called. It is unanimous to adjourn and the Chair declares it at 8:29 p.m. ATTEST: MARIE O. NORWOOD Common Council Clerk