Common Council

REGULAR MEETING OF THE COMMON COUNCIL MIDDLETOWN, CONNECTICUT JANUARY 7, 2013 Regular Meeting A Regular Meeting of the Common Council of the City of Middletown was held in the Council Chamber of the Municipal Building, on Monday, January 7, 2013 at 7 p.m. Present Mayor Daniel T. Drew, Council Members Thomas J. Serra, Ronald P. Klattenberg, Mary A. Bartolotta , Gerald E. Daley, Hope P. Kasper, Grady L. Faulkner, Jr., Joseph E. Bibisi, Linda Salafia, and Todd G. Berch; Corporation Counsel Daniel B. Ryan, Sergeant-at-Arms Officer Kevin Cyr, and Council Clerk Marie O. Norwood. Absent Councilwoman Robert P. Santangelo, Philip J. Pessina, and Deborah A. Kleckowski, Also Present Hartford Courant Reporter Shawn Beals, Middletown Press Reporter Jim Salemi, and thirty-five members of the public Meeting Called to Order Mayor Drew calls the meeting to order at 7:05 p.m. and leads the public in the Pledge of Allegiance. Call of Meeting Read The Call of Meeting was read and accepted. Mayor Drew declares the Call a Legal Call and the Meeting a Legal Meeting. Motion to Amend Agenda Councilman Serra moves to amend the agenda by Substituting Agenda Items 10- 1 and 11, Mayor’s Appointments, adding agenda Items 8H and 8I and moving the appointments of Student in Government to after agenda item 2. Councilwoman Salafia seconds the motion. Councilman Faulkner asks if it can be moved to after agenda item 3. The Chair asks if he means after the presentation to the Library. Councilman Faulkner states yes. The maker and seconder agree with the change. The Chair calls for the vote and it is unanimous to approve with nine aye votes. The Chair states the matter is approved and the agenda is amended and approved. Agenda Item 3 Description Presentations Agenda item 3-1 The Chair calls on Councilman Faulkner for agenda item 3-1. Councilman Faulkner reads the resolution and moves it for approval. Councilman Serra seconds the motion to approve. The Chair states without objection, the matter is approved by acclamation. Councilman Faulkner states Art Meyers graciously agreed to do this program and presents him with the resolution. He thanks his colleagues for supporting this and when you look at the Emancipation Proclamation, he saw it was an opportunity to reflect on what it takes to run our democracy and the struggles we deal with to keep that democracy. The interesting thing about the Emancipation Proclamation, it covers a lot of bases and he hopes the school system will take advantage of this. It is an opportunity to recommit to joining forces and working for the common good. He thanks the five members of the Committee who came forward for dedicating time to this. Mr. Meyers states he also has to thank Councilman Serra because last May when we presented the heritage of Melilli he asked if we were going to do other heritages and that is what we are doing. And we will do others. He thanks the Council and Community Committee. He introduces Rosa Browne, NAACP President, Middlesex County, Ava Hart NAACP Member and Board of Education Member, Patrick Bishop, and Sally Pickert. Councilman Faulkner states one other member was Deborah Cain, President of the Dr. Martin Luther King Scholarship committee. He is looking forward to seeing everyone at the Library between 6 and 8 p.m. on Thursday. The Chair thanks them for marking this important event in our history. We have come a long way and we have a long th way to go and the 13 amendment was not ratified until the mid 1990’s. We have a way to go but are making progress. Thank you very much. Resolution No. 01-13 January 7, 2013 Common Council Meeting Page 2 File Name ccemancipationprocres Description Honoring the Russell Library. (Approved) WHEREAS, the mission of Russell Library is to be A Gateway to the Future of Middletown, providing our diverse community with the highest quality of library service, reliable information, and lifelong educational, recreational and cultural resources for all ages, abilities and backgrounds; and WHEREAS, Russell Library and a community committee have arranged a program “Middletown’s Celebration of the 150th Anniversary of the Emancipation Proclamation” on Thursday, January 10, 2013; and WHEREAS, the program was made possible through funds from the Friends of the Russell Library, with co-sponsorship by the Middletown Human Relations Commission; and WHEREAS, the Friends of the Russell Library, the Staff of Russell Library, Middlesex County Historical Society, and Wesleyan University Library have contributed resources to make possible the event; and WHEREAS, presenters will enrich us with poetry, song, information, a play and debate, as well as audience discussion regarding the cultural and civic perspective of 1863 and the Civil War to assist us in understanding the progress that we have made in democracy and the pursuit of freedom and justice for everyone over the last 150 years. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLEOWN: That we congratulate Russell Library, the community committee, the collaborating organizations and institutions, and the presenting groups and individuals for making possible this celebration for today and the future; and BE IT FURTHER RESOLVED: That we encourage our citizens to participate to gain a perspective of this momentous event in history that has continued to shape the course of the United States and democracy from President Lincoln’s declaration on January 1, 1863 through today. The Chair States we move to the Youth in government appointments; he states he will call each person individually and asks that they come to the front of the dais and line up. He reads the names . The Chair asks that they turn around and raise their right hands and gives them the oath; he asks that they respond. They state I do and the Mayor congratulates them. The Chair thanks them for their service; to give time and effort to these commissions will lend a great deal of substance to the commissions and thank you for what you do. Congratulations. Youth in Government Appointments (Term to July 1, 2013): Citizens Advisory Committee: Appointment of Ama Apiah to July 1, 2013. Middletown Preservation Design Review Board: Appointment of Christy Parmenter to July 1, 2013. Long Hill Estate Authority: Appointment of Rachel Angel to July 1, 2013. Park and Recreation Commission: Appointment of Alyssa Case to July 1, 2013. Youth Services Advisory Board: Appointment of Elanor Frechette to July 1, 2013. Appointment of Hannah Fields to July 1, 2013. Appointment of Tom McAlear to July 1, 2013. Appointment of Evan Pennington to July 1, 2013. Human Relations Commission: Appointment of Stephanie Case to July 1, 2013. Committee Concerning People With Disabilities: Appointment of Abigal Nolan to July 1, 2013. Appointment of McKenzie Gueverez to July 1, 2013. Appointment of Denese Samuels to July 1, 2013. Public Works Commission: Appointment of Matthew Gomes to July 1, 2013. Board of Health: Appointment of Mikaela Coady to July 1, 2013. Parks and Recreation Commission: Appointment of Dhruvi Patel to July 1, 2013. Middletown Commission on the Arts: Appointment of Hannah Bretton to July 1, 2013. Appointment of Lauren Hodge to July 1, 2013. Appointment of Chelsea Rak to July 1, 2013. Agenda Item 4 Description Approval of Minutes The Chair asks for a motion to approve the minutes of the regular Common Council meeting of December 3, 2012 at 7 p.m. meeting; Special Meetings of December 3, 2012 at 6 p.m., December 13, 2012 at 7 p.m., and December 13, 2012, immediately following the meeting at 7 p.m.; the minutes of the meetings 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 January 7, 2013 Common Council Meeting Page 3 the same having been dispensed with, Councilman Serra moves them for approval and there is a second by Councilman Bibisi. Councilman Klattenberg, Councilwoman Kasper, and Councilman Serra abstain from the December 3, 2012 meeting at 6 p.m.; Councilwoman Bartolotta abstains from the meetings held on December 13, 2012. The Chair asks if there is any further discussion; hearing none, he calls for the vote. The Chair states the minutes are approved unanimously with the noted abstentions. Motion to Waive Rules Councilman Klattenberg moves to waive the rules to allow members of the Board of Education administration to come forward to answer questions the Council may have; they were not here during the 6 p.m. meeting. Councilman Serra seconds the motion. The matter passes with nine affirmative votes. Questions to Directors The Chair opens questions to directors at 7:20 p.m.. Enza Macri and Michelle DiMauro come forward. Councilman Klattenberg states they have the teachers’ contract to be rejected, but it is the way the resolution reads. One question he had dealt with the dental care benefits of the contracts. In the case of the teachers, under 17 (3) the Board of Education shall provide under the current plan and goes on and says they can revise the plan to add a copay or deductible and he asks the status of that. Ms DiMauro states it is in the current contract and they are not paying and it was not negotiated in the current one. Councilman Klattenberg asks if the language should be removed. Ms DiMauro replies they kept it in the contract that it could be reopened. The language was in the previous contract. Councilman Klattenberg states what is reasonable. Ms Macri states they have been shopping the dental plan. My understanding and she was not part of this, was they would not touch the dental because the cost share of the health insurance was going up. When we joined negotiations at the end, we only did salaries and we can investigate that for you. Councilman Klattenberg asks the cost having -0- copay. Ms Macri states they can find out for you. Ms DiMauro replies the current cost including dental is $9,362 and for two it would be $18,000 and a family would be $25,000 and that is both medical and dental. Ms Macri states because the cost share is going up and includes dental from 15% to 16.%, then 16.5% and then 17% for the teachers. She states there is a cost share but no copay for dental. If you want the breakdown we can get that for you. Councilman Daley states there is some confusion between cost share and copays. Ms Macri responds that is correct. Councilman Daley states as I read it, the teacher’s contract is on health insurance and that is all insurance and there is currently no copay and the section is adding a $10 copay has nothing to do with the percentage of cost share on the premium, but how much they would pay when they went to the dentist. It is instituting the copay would lower the premium, but it is not the same. Ms Macri responds we can negotiate the copay. There is an increase of cost share. Councilman Daley states having no copay helps people get the dental care that would help lower costs in the future. Councilman Klattenberg states it is unusual not to have a copay. He asks about the salaries for administrators. He saw somewhere and it is not in the contract. He asks if it is the 2.3% and the 2.6% and the teachers what are the percentages. Ms DiMauro responds the total percentage is 2.80% for 2013-3014 and that is made up of a 1.45% increase to step 10 and step 11 added and their step movements. For 2014-15 it is 1.45% to step 11 and the step increase for everyone else. For 2016-17 there is no step movement but there is a 1.32% increase for all teachers. Councilman Klattenberg states the max step goes to the next step. Ms DiMauro responds yes; they added a new step. Councilman Klattenberg states in the second year of the contract, all steps are frozen. Ms Macri responds they are not frozen the second year; it is the third year. Councilman Berch would like to know the increases on the Administrators for the year. The response is 2.3% for 13-14; 2.4% and 2% for the last one. He states on the teacher’s side, it was a three year contract and what was the increase for the three years. The response is 6.9%. Councilman Berch asks about the earlier contract. Ms McPherson responds the teachers’ contract expired 2012 and for one year they had no increase and only an increase in longevity. Councilman Berch asks about the administrators and the previous year was 2.5%. The response is there was an increase for administrators and teachers; the increase was based on the longevity the teachers were getting and we were on the low end of the scale. Councilman Berch states they are increasing by a 10% increase over all. Ms Macri replies the administrators took a freeze for two years. Councilwoman Kasper goes back to the dental; the Board of Education shall pay for individual and family coverage and it does not sound like it is part of the health and prescription program. I think it is excluded as cost sharing. Ms McPherson states they do not contribute to their dental insurance. Councilwoman Kasper asks if there are stipends in the administrator’s contract. Ms DiMauro responds no. Councilwoman Kasper asks about copays for administrators. Ms Macri responds the copay is $20. Dr. Charles states the January 7, 2013 Common Council Meeting Page 4 premium cost share is 19%. Dr. Charles states they can e-mail the information as to whether they have a mail order option for prescriptions. Councilwoman Bartolotta asks what the difference is from teachers and administrators and the increases over the next three years. Ms DiMauro responds for the teachers it is 6.9%over the three years and she explains the cost share of the insurance. For the term of the contract insurance premium cost share is going up 2%. For the administrators it is a 6.9% increase for salaries. Councilwoman Bartolotta states it is the same for both and asks about medical. Ms DiMauro responds the 19% cost share stays the same. Councilwoman Bartolotta asks about certified and not certified. Dr. Charles states the administrators pay more than the teachers. Councilman Faulkner asks what is longevity and where is it. Ms DiMauro responds longevity comes when a teacher is in their second year at maximum salary, they will receive a longevity bonus. Councilman Faulkner asks what it is. Ms DiMauro responds $2,000. Councilman Faulkner asks that comes every year after a certain point regardless. Do the administrators have the same thing. Dr. Charles states no. Councilman Faulkner asks about sabbaticals. Have we had any. Ms DiMauro replies not since she has been here. Councilman Faulkner asks if they are anticipating it. Dr. Charles states no. Councilman Serra compliments the speakers and hopes they take it as praise as you are all new. He states we are in dire economic times and we need all the help we can get. He would like to refresh his memory; how many -0-‘s were taken by administrators and teachers. Ms Macri responds it was 3 years they took a -0- and the teachers also. It has happened quite a few times. Councilman Serra states he remembers a step increase, but no percentage. The administrators and teachers helped us out by taking zero increases. He thanks them for trying to make heads and tails with the situation over there. The 19% for the administrators; Ms DiMauro replies it was 19% before. Councilman Serra asks comparison of other municipalities and our solvency, how does it compare to salaries of teachers and administrators. Are we in the middle? I understand you want to retain and attract individuals, but where are we. Dr. Charles states they are on the lower end. Ms Macri states she tried to look to see if they are on the lower end, but her experience is being in an urban area and everyone thinks we are heavy on the administrators’ side, but we are not top heavy based on student population and the number of teachers in the system. They could leave and make more money elsewhere. Councilman Serra asks if the increases are CPI. Dr. Charles states when they were in the middle of negotiations, she thought this was a favorable response based on what other districts were coming in at; they were coming in higher. Councilman Berch states for the record you stated 6.9% for teachers plus step. Ms DiMauro responds the total was 6.9%. Councilman Berch asks the same of administrators and the response is the 6.9%. Councilman Berch asks if they are adding administrators. Dr. Charles states through the budget we do have the possibility for four positions; she spoke about the evaluation program and each one needs to evaluate six times for each teacher and they wanted to move up four teachers to administrator. Councilman Berch asks if they would fill the teachers. Dr. Charles responds they would back fill with one. Councilman Berch asks what the difference in salaries will be. Councilwoman Salafia states looking at the salary schedule and when talking about the teachers moving up from step 1 to the next step and 2013 and 14 is the person at the top you added to that one grade. Dr. Charles responds yes. Councilwoman Salafia asks 2015 you increase all unless they move. Ms McPherson replies they are not moving steps. Councilwoman Salafia states under the previous contract there was zero increase like this, but it is zero and getting steps is that what happened before. Ms Macri states there was a freeze and no steps. Councilwoman Salafia states longevity got increased. She asks about the step increases. Ms Macri responds they went a little higher between 5 and 6 because that is where they were losing people. Councilwoman Salafia states by moving up a step, it is a $2,000 raise. How does that compare to a 2% raise. Ms Macri replies the step might be a little higher. She states some of the step increases are less than 1% and toward the middle it looks like 2%. Councilwoman Bartolotta asks to clarify the information she has it is in the middle or upper. She asks who the administrators are. Ms Macri responds it is our principals; they are falling on the lower end of our ERG that is demographics that look like us. The Chair states it is the way the State categorizes districts. Principals and assistant principals are on the lower end of our demographics. Councilwoman Bartolotta states you are saying it is per student and that is how you figure out the salary. Ms Macri replies when you look for a job, you look for the fit; the State Department of Education gives categories of what would be a decent salary. Why would you work in Middletown when you can work in Cromwell with less students and an assistant principal. Some principals have chosen to move to other areas because they are making more money as assistant principals. We want to attract the best people; we attract by the workload and we have to show that they are needed. Councilwoman Bartolotta January 7, 2013 Common Council Meeting Page 5 states do you know the total cost to the Board of Education budget. Ms McPherson replies and gives the figures for the budget impact. There are no further questions; the Chair thanks them for responding to questions. Public Hearing Opens The Chair opens the public hearing at 8:01 p.m. on agenda items. Ken McClellan states there are amendments to the agenda and he is not sure about 10-1. He states there is no part of this resolution that he would not support. He suggests by mixing the condolences and asking for reform you are muddling the message. If you want to present condolences to the family he states do so but if you want to ask the State and Federal reps to look at guns and games and access to mental health issues, please do that also, but putting them into one resolution, you are diluting the message. He thinks doing two resolutions would have more impact. He reads paragraph 4; every English teacher he had is going into spasms on wording and punctuation and the Council has a responsibility to express it in a clear manner. Before you approve this, examine the grammar and punctuation and correct it before you pass it. Earle Roberts speaks to 10-1; this was submitted by six council members. My recommendation and thoughts is it was tragic and we have sympathy for the victims and families. He remembers Jessica Short when the SRP had a lack of rules. Today you have David Messenger. In the area of guns, they were registered and the issue was mental stability. He discusses Timothy McVeigh. We need to deal more with the SRP board and the State policies on mental illness. He would like to see 12 on this subject and not five. Locally we have resource officers. There is a memo from Eckersley Hall and he recommends people get a copy and there is a $100,000 expense and there is not a bidding discussion. The Hartford Courant had article for 10% for school budget and Councilman Serra said at the end of the article was whatever it takes to provide adequate services we will have to do; what other choice is there; we have to do what we have to do. You should be judging the merit of teacher performance and we don’t do it. Finance for $170,000, you are giving away good retirements, health care and dental care; this is where you save going down the tubes and I read that you will be filling some of the positions. The Chair states your time is up. Mr. Roberts asks if he can come back after all members have had a chance to speak. The Chair states for two minutes. The Chair asks for other members wishing to speak. Seeing none, her calls Mr. Roberts forward and he continues with the riverfront; you are appointing a committee and they will have priorities and he has been reading about the zoning issues and Director Warner wanting to change the zoning; he would like to know if the committee is dealing with City-owned property and not for private-owned properties. He states item 10-9 for the modular trailer for $26,000. He would like to see a permanent structure there and he hopes they keep good housekeeping and he is concerned that it was not put out to bid. Public Hearing Closes The Chair closes the public hearing at 8:10 p.m. The Chair asks the Clerk to read the notice of public hearing and the certificate of the Director of Finance. Public Hearing Notice: 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, January 7, 2013 at 7 p.m. to consider and act upon the following: Emergency Management $4,500, Account No. 1000-25500-55185, Contractual Services, General Fund. Mayor’s Office $170,000, Account No. 1000-35500-51120, Salary Reserve Base, General Fund. Any and all persons interested may appear and be heard. ATTEST: MAYOR DANIEL T. DREW Mayor Motion to Amend Councilwoman Salafia states she moves to amend the notice to read 2013; Councilman Serra seconds the motion. The matter passes unanimously with nine affirmative votes. The Chair states the matter passes. Certificate of Director of Finance: To: His Honor Mayor Daniel T. Drew and Members of the Common Council From: Finance Date: January 7, 2013 January 7, 2013 Common Council Meeting Page 6 RE: Certification of Funds This is to certify that funds sufficient to meet the appropriations requested at your meeting of January 7, 2013 are available as follows: General Fund $174,500 Respectfully submitted, Carl Erlacher Director of Finance Emergency Management: Councilman Serra reads and moves for approval the $4,500 request for Emergency Management; his motion is seconded. Councilman Faulkner states is this something that broke or maintenance. There is no further discussion. The Chair calls for the vote and it is unanimous to approve with nine aye votes. The Chair states the matter passes unanimously with nine affirmative votes. Emergency Management $4,500, Account No. 1000-25500-55185, Contractual Services, General Fund. (Approved) Mayor’s Office: Councilman Klattenberg reads and moves the Mayor’s Office request for appropriation of $170,000 for approval and his motion is seconded. Councilman Serra states he will support this. It gives us a great avenue to save money for the tax payers and it is important to do the reorganization and make government more efficient. We need to stay vigilant on this. The Chair, hearing no further discussion, calls for the vote. It is eight aye votes by Council Members Serra, Klattenberg, Bartolotta, Daley, Kasper, Faulkner, Bibisi, and Berch; and one nay vote by Councilwoman Salafia. Mayor’s Office $170,000, Account No. 1000-35500-51120, Salary Reserve Base, General Fund. (Approved) Agenda Item 8 Description Reports and Grant Confirmation Approvals Councilman Serra reads and moves for approval agenda items 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, and 8I; his motion is seconded by Councilman Daley. Councilman Klattenberg states he wants to clarify a point raised by Mr. Roberts and he indicated in the report that the geothermal estimated system was paid and he is clarifying that they are indeed going out to bid and the project has not been bid as yet. The Chair, hearing no further discussion, calls for the vote. It is unanimous to approve with nine aye votes (three members are absent). The Chair states the matters pass unanimously with nine affirmative votes. Agenda Item 8A Description Town Clerk Certification (Approved) December 28, 2012 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 December 3, 2012 at 7:00 p.m. and specials meetings on December 3, 2012 at 6:00 p.m., December 13, 2012 at 7:00 p.m. and December 13, 2012 following the 7p.m. meeting have been advertised in the local newspaper. Attest: Sandra Russo Driska City & Town Clerk Agenda Item 8B Description Monthly Reports (Approved) Finance Department – Transfer Report to December 28, 2012 Agenda Item 8C January 7, 2013 Common Council Meeting Page 7 Description Grant Confirmation and Approval – Board of Education (Approved) Name of Grant: As Listed Below Amount $489,065.09 Code: 2450-33000- Grant Period: From: 7/1/2012 To: 6/30/201 Type of Amount Loaned from General $0.00 Department Administering 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 740 - City of Middletown Settlement $100,000; 787 - United Way Woman's Initiative-Bielefield $530; 788 - ASTE-Vo-Ag Operating Cost Grant $43,108; 831 - After School Program-Farm Hill ($6,725); 841 - Special Ed Medicaid $3,903.60; 852 - Universal Service Fund $40; 855 - United Way-Healthy Youth $8,500; 867 - Title III Part A-English Language Acquisition ($4,765); 894 - Swaim Strings Program $8,730; 897 - Macdonough After School Program $18,000; 700 - Food Services Receipts $85,850.97; 801 - Retirees/Cobra Insurance Receipts $172,611.63; 803 - Workers' Compensation $5,970.77; 804 - Preschool Program Fees $6,155; 805 - Summer School Receipts $260; 807 - Aetna Classified Insurance Receipts $1,474.49; 809 - Maintenance/Rentals Receipts $8,230; 833 - Adult Education Receipts $36,820.63; 888 - Farm Hill After School Parent Fees $70; 902 – Student Activities-W.W.M.S. $300. Total Special Programs Through 11/16/12 $8,707,538.53 ADDITIONS $489,065.09 Requested by: Patricia Charles, ED.D Agenda Item 8D Description Grant Confirmation and Approval – Board of Education, $15,098 (Approved) Name of Grant: As Listed Below Amount $15,098.00 Code: 2450-33000- Grant Period: From: 7/1/2012 To: 6/30/201 Type of Various Amount Loaned from General $0.00 Department Administering 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 810/900 - Idea-Part B, Section 611 Grant $15,098. Additional funds were awarded for the "11-12" fiscal year. Total Grant Commitment amount through 6/30/2013 was $753,695.72 ADDITIONS $15,098.00 New Grant Commitment Amount through 6/30/2013 is $768,793.72 Requested by: Patricia Charles, ED.D Agenda Item 8E Description Grant Confirmation and Approval – Parking Department – Reducing Transportation Improvement Grant by $9,000,000 (Approved) Name of Grant: Transportation Improvement Project Amount ($9,000,000.00) Code: 3676-14000- Grant Period: From: 1/1/2005 To: Type of Federal Amount Loaned from General $0.00 Department Administering Parking 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 Federal Transit Administration Funding Grant was put in place when it was thought Middletown would receive funding; however the funds have not materialized and this action will rescind this grant originally made in May, 2009 by the Planning, Conservation, and Development Department. Requested by: Geen Thazhampallath Agenda Item 8F Description Grant Confirmation and Approval – Town Clerk, Historic Preservation (Approved) Name of Grant: Historic Document Preservation Amount $5,000.00 Code: 2390-04000- Grant Period: From: 7/1/2012 To: 6/30/201 Type of local Amount Loaned from General $0.00 Department Administering Town Clerk 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 January 7, 2013 Common Council Meeting Page 8 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 Replenish negative balance & continue with ongoing preservation projects in Town Clerk's Office Requested by: Sandra Russo-Driska Agenda Item 8G Description Report – Eckersley-Hall Building Committee Report (Approved) Agenda Item 8H Description Grant Confirmation and Approval – Park and Recreation (Approved) Name of Grant: Family Fun Night Amount $600.00 Code: 2210-32000- Grant Period: From: 1/2/2013 To: 1/11/201 Type of Local Amount Loaned from General $600.00 Department Administering Parks and Recreation 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 Foresters and First Investors has offered a $600 donation toward the events scheduled at Family Fun Night scheduled for Friday evening January 11, 2013 at Woodrow Wilson Middle School. Requested by: Debbie Stanley Agenda Item 8I Description Emergency Purchase, Park and Recreation: New boiler at the Veteran’s Park Pool Building (Approved) Agenda Item 9 Description Payment of all City Bills when properly approved. Councilman Serra moves to pay all City bills that have been properly approved and his motion is seconded by Councilman Faulkner. The Chair asks for discussion; hearing none, he calls for the vote. It is unanimous to approve with nine aye votes. The Chair states the matter passes unanimously. Agenda Item 10-1 Councilman Klattenberg reads in its entirety agenda item 10-1; he reads the resolution and in paragraph four, ends the sentence after the words two-year period. And “since” begins a new sentence in the same paragraph. He completes the reading of the resolution and moves it for approval. Councilman Serra seconds the motion. The Chair recognizes Councilman Klattenberg who thanks his colleagues who worked on the resolution and contributed to it. It is a bipartisan resolution and expresses how strongly we feel about the senseless murders that occurred in our State. We address tragedies and we address it by rebuilding and when there is a tragedy like the Kleen Energy plant, we come together and this is another tragedy and to not address it, this would be a horrific mistake as elected officials and community leaders. We think something needs to change and it is an effort by this Council to keep pressure on elected individuals and if taken seriously just maybe we can make some meaningful changes that can help children in the future. He hopes his colleagues will support it and it is more meaningful if we stand together. Motion to Amend Councilman Berch states he supports this, but would like to amend the resolution; there is an error. The last he knew there were five elected congressional representatives and ask that James Hines name be added to the resolution. He moves this for approval and Councilman Serra seconds the motion. There is no discussion and the Chair calls for the vote; it is unanimous to approve the amendment. Noted for the Record Councilman Bibisi has left the Council Chamber. Councilman Berch discusses the use of violent games and that they be treated like lottery tickets, alcohol, or tobacco and the violence has grown exponentially in the last 20 years. He can recall shooter education in the schools and the desensitization by playing the games has not been regulated and he shares the sentiment with Councilman Klattenberg and why we put this forward. We hear January 7, 2013 Common Council Meeting Page 9 from the community and what we do goes from here to the next step. We can’t change gun laws but we care for our people and that is why it is brought forward. Councilman Faulkner states he will support the resolution and appreciates Councilman Klattenberg bringing it to us and it has gone through a lot of changes because there is a lot of feelings about his issue and none of us are experts and we don’t know the answers. We have to work harder to change the culture of neighborhoods and neighbors. The thing he would like to look into is creating more NEATs, more community associations and block associations and provide opportunities to provide block parties and those are the things we should be doing and as part of mental health, a lot of us are under a lot of stress and we don’t know it. All of us have issues and we need to look at that from a wholesome perspective. He does get a lot of emails to come to New Haven because a lot of kids are killed there and sometimes it takes something like a Newtown to get our acts together. Councilman Serra commends Councilman Klattenberg for coming forward with this and to show the intent of our elected officials and for his colleagues who added to this. To see the games, it is not a good thing and it should be curtailed. Mental health issues and a comprehensive review is right on target and the approach on back ground checks is, it is balanced. It does not curtail the right to bear arms, but to not carry magazines that are not necessary in our society today. He supports this 100%. The Chair, seeing no further discussion, calls for the vote. It is seven aye votes by Council Members Serra, Klattenberg, Bartolotta, Daley, Kasper, Faulkner, and Berch; one nay vote by Councilwoman Salafia; and Councilman Bibisi not voting. The Chair states the matter passes with seven affirmative votes, one in opposition, and one member not voting. Resolution No. 02-13 File Name ccnewtowndraft2 Description Regarding the Sandy Hook Elementary School, Newtown, Connecticut, tragedy. (Approved) Whereas, the City of Middletown joins with the families, friends, loved ones and residents of Newtown, CT in their suffering and sorrow by the events at Sandy Hook Elementary School on December 14, 2012; and Whereas, the City of Middletown wishes the residents of Newtown, CT to know that our hearts are broken by the senseless murder of innocent children, teachers and other adults due to a single disturbed individual; and Whereas, the deaths of Twenty (20) children: Charlotte Bacon, 6; Daniel Barden, 7; Olivia Engel, 6; Josephine Gay, 7; Ana M. Marquez-Greene, 6; Dylan Hockley, 6; Madeleine F. Hsu, 6; Catherine V. Hubbard, 6; Chase Kowalski, 7; Jesse Lewis, 6; James Mattioli, 6; Grace McDonnell, 7; Emilie Parker, 6; Jack Pinto, 6;Noah Pozner, 6; Caroline Previdi, 6; Jessica Rekos, 6 Avielle Richman, 6; Benjamin Wheeler, 6; Allison N. Wyatt, 6; and, Six (6) adults : Rachel Davino, 29; Dawn Hochsprung, 47, principal; Anne Marie Murphy, 52; Lauren Rousseau, 30; Mary Sherlach, 56; Victoria Soto, 27 were due to a combination of mental illness, ease of access to guns and ammunition, as well as, the availability of high-capacity ammunition feeding devices and assault style weapons; and Whereas, the statistics of violent and mass killing of children in the United States are staggering including 5,740 children from 2008 to 2009 or one child or teenager every 3 hours, or eight (8) per day, or fifty-five (55) per week for this two year period. Since 1982 there have been at least 62 mass murders with firearms across the United States (Assoc Press; Canada.com; Mother Jones; Citizens Crime Commission of NYC); and Whereas, children ages 5 – 14 in the United States are 13 times more likely to be killed by guns as children in other industrialized countries (Harvard Injury Control Research Center); and Whereas, the media, video gaming industry, gun industry and other corporations profit from a culture of violence in the United States of America and contribute to the desensitizing of our children and society to violence and murder. Now Therefore Be It Resolved By The Common Council of the City of Middletown: That we strongly urge our elected officials to change gun regulation laws to require background checks for all purchases of guns including purchases at gun shows, a ban on access to assault-style weapons, a ban on large capacity (10 bullets or more) ammunition feeding devices; and Be It Further Resolved: That we also urge the review of accessibility by minors to online and video games depicting violent and excessive fictional shooting of people and suggest that these types of games be treated in a similar manner as the selling of lottery tickets, alcohol, tobacco, and firearms; and Be It Further Resolved: That we request our elected officials to ensure a comprehensive review of mental health services currently available so that “at risk” individuals receive necessary treatment and or services; and Be it Further Resolved: That during the deliberation and discussions of these important and contributing issues, that we, as Community Leaders, work in collaboration with our elected officials to take a holistic and sensitive approach in addressing the issues centered around the protection, love, and support for all of our children and youth, who look to us for guidance, awareness and protection; and January 7, 2013 Common Council Meeting Page 10 Be It Further Resolved: That this resolution be sent to Senator Richard Blumenthal, Senator Christopher Murphy, Congresswoman Rosa DeLauro, Congressman Joseph Courtney, Congresswoman Elizabeth Esty, Congressman John Larson, Congressman James Hines; Middletown’s State delegation and the First Selectwoman of Newtown, CT, and we urge other Connecticut cities, towns and municipalities to adopt similar Resolutions. Agenda Item 10-2 Councilwoman Bartolotta reads and moves agenda item 10-2 for approval; Councilman Faulkner seconds the motion. There is no discussion and the Chair calls for the vote. It is unanimous to approve with eight aye votes by the members present. The Chair states the matter passes unanimously with one member not voting. Councilman Bibisi is out of the chamber. Noted for the Record Councilman Bibisi takes his seat in the Chamber. Resolution No. 03-13 File Name 12HRO-nondiscriminationcertresol11-16-12 Description Approving adopting the nondiscrimination agreements and warranties as required under CT General Statutes and authorizing Mayor Drew to sign the nondiscrimination certification for the State of Connecticut. (Approved) BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That the City of Middletown hereby reaffirms its adoption of its policy to support the nondiscrimination agreements and warranties required under Connecticut General Statues subsection 4a-60(a) (l) and subsection 4a-60a (a) (l), as amended in State of Connecticut Public Act 07-245 and sections 9(a) (l) and 10(a) (l) of Public Act 07-142. BE IT FURTHER RESOLVED: That Mayor Daniel T. Drew, Mayor of the City of Middletown, is hereby authorized to sign the nondiscrimination certification for the State of Connecticut Agenda Item 10-3 Councilwoman Kasper reads and moves for approval agenda item 10-3; her motion is seconded by Councilman Serra. There is no discussion and the Chair calls for the vote. It is unanimous to approve with nine aye votes. The Chair states the matter passes unanimously with nine affirmative votes. Resolution No. 04-13 File Name 12HRD-Citypolicystmtsresol11-16-12 Description Approving the policies of Affirmative Action and Equal Employment Opportunity, Sexual and other Harassment, Zero Tolerance, Americans with Disabilities Act, and Electronic Monitoring Policy for the City of Middletown and approving the distribution of said policies to all employees. (Approved) WHEREAS, the City has reviewed its policies and made appropriate revisions, where applicable, to its Affirmative Action and Equal Employment Opportunity, Sexual and Other Harassment, Zero Tolerance, Americans with Disabilities Act, and Electronic Monitoring Policy Statements to comply with State regulations and General Statute changes, clarification, and compliance with State Executive Order 16 for violence in the workplace to said policies. NOW THEREFORE Be it Resolved by the Common Council of the City of Middletown: That the Middletown Policy Statements for Affirmative Action and Equal Employment Opportunity, Sexual and Other Harassment, Zero Tolerance, Americans with Disabilities Act, and Electronic Monitoring be approved and adopted; and Be it Further Resolved: That the documents are distributed to every Department for dissemination to, and review and sign off by employees. Agenda Item 10-4 Councilman Serra reads and moves for approval agenda item 10-4 and his motion is seconded by Councilman Daley. Motion to Refer Councilman Daley states he would move to refer this resolution to the Economic Development Commission for further review; a couple of questions have arisen the last two days and they will refile it. Councilman Faulkner seconds the motion. The vote is called and it is unanimous to approve the motion to refer with nine aye votes. The Chair states the motion passes with nine affirmative votes to have the resolution go back to the Economic Development Commission. Resolution No. 05-13 File Name ccMiddletownRiverfrontRedevelopmentCommission Description Approving the creation of the Middletown Riverfront Redevelopment Commission (MRRC) with the task of providing a proposed plan for implementation based on the areas of interest as stated in the resolution January 7, 2013 Common Council Meeting Page 11 and approving the composition of the membership of the committee as stated in the resolution. (Referred to Economic Development Commission) WHEREAS, the City of Middletown now has an unprecedented opportunity to develop a riverfront that will affect quality of life and commerce for generations to come; and WHEREAS, the City of Middletown recognizes the need for broad input in the development potential of the South Cove area of our riverfront; and WHEREAS, the City of Middletown recognizes that any potential riverfront development must complement rather than compete with our historic Main Street and downtown business corridor; and WHEREAS, the Common Council of the City of Middletown has authorized the creation of a building committee to oversee the construction of a force main and pump station and then the demolition of the existing sewage treatment plant on River Road; and WHEREAS, the City of Middletown is committed to establishing and maintaining a planned course of development which sets forth priorities for entertainment, economic development and establishes guidelines for zoning and land use; and WHEREAS, this plan of development must take into account the perspectives of residents, businesses, and other stakeholders, previous planning efforts, local ordinances, real estate market conditions, and interaction with the State of Connecticut Department of Transportation. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That 1. A riverfront planning task force shall be established consisting of the following members: (1) Councilman and Economic Development Committee Chairman Gerald E. Daley as Chairman; (2) Councilman and Economic Development Committee member Joseph Bibisi as Vice Chairman; (3) the President of the Middlesex County Chamber of Commerce Larry McHugh; (4) Chairman of the Downtown Business District Mike DiPiro; (5) Planning and Zoning Commission Chairman Richard Pelletier; (6) Planning and Zoning Commission member Daniel Russo; (7) Inland Wetlands and Watercourses Agency Chairman Joe Carta and staffed by Director of Planning and Conservation Development Bill Warner. 2. The task force shall be known as the Middletown Riverfront Redevelopment Commission (MRRC. 3. The task force shall report on the following questions with a proposed plan for implementation: a. What shall be included in future riverfront development? b. Should the City of Middletown incorporate a quasi-public, not-for-profit riverfront development corporation? c. What types of zones/land use issues should be considered and/or implemented and how will those affect economic development goals identified by the task force? d. What, if any, changes to existing highway patterns will be required to responsibly develop riverfront property and how can Middletown best interact with DOT to ensure efficacious planning? e. What level of site control should the City have over parcels with potential for development? Should the City identify parcels of land for acquisition to guarantee a specific end use? f. Which recreational features should be included to complement the overall plan of development and lead to enhanced quality of life, including but not limited to: an outdoor amphitheater, walking trails, open space, a boat ramp/docks, water features, plantings, a boardwalk, a boathouse, a banquet conference facility, hotel(s), and any others considered by the committee or offered by the public. g. Should the City seek conveyance of State land adjacent to the South Cove area or parcels of contiguous land and what should be done with such space as it relates to the South Cove development? h. Should the South Cove development be tied in to further development at Harbor Park and what is the most effective way to link riverfront development to Main Street? i. What are other successful models for riverfront development throughout the United States of America and which features from those would work appropriately for Middletown? j. Any other questions identified as appropriate by the Task Force. Agenda Item 10-5 Councilman Klattenberg reads and moves for approval agenda item 10-5; his motion is seconded by Councilman Serra. Motion to Amend Councilman Berch moves to amend the resolution; in the sixth Whereas paragraph, after the City of Middletown, he strikes “with Honeywell and others” and adds “energy management companies.” Councilman Klattenberg accepts it as a friendly amendment and Councilman Serra seconds the motion. There is no discussion. The Chair calls for the vote and it is unanimous to approve with nine aye votes. The Chair states the amendment is approved unanimously. The Chair asks if there is any discussion on the amended resolution; seeing none, he calls for the vote and it is unanimous to approve with nine affirmative votes. The Chair states the matter passes with nine affirmative votes. Resolution No. 06-13 File Name ccCleanEnergyCEFIApledge2013-olv3 Description Approving authorizing Mayor Drew to sign the Clean Energy Communities Municipal Pledge with the Clean Energy Task Force charged with administering the requirements of the Pledge; and approving submitting for a $15,000 Connecticut Clean Energy Communities Program Grant and January 7, 2013 Common Council Meeting Page 12 applying the grant to renewable energy systems that generate energy savings for Middletown. (Amended and Approved) Whereas, the Middletown Common Council voted to support the Connecticut Clean Energy Communities Program on May 2, 2005 (Resolution 47-05) and Mayor Domenique Thornton signed the commitment to purchase 10% of the City’s electricity from clean, renewable sources by 2010, and Whereas, the City of Middletown with the assistance of the Middletown Clean Energy Task was the first municipality in Connecticut to receive 2kW of solar panels from the Connecticut Clean Energy Fund which were installed on the Board of Education’s former Vocational Agriculture Building on Hunting Hill Avenue, and Whereas, the City of Middletown has qualified for 4kW of additional solar panels through its resolve and accomplishments in signing residential and commercial customers for the Connecticut Clean Energy Options Program, and Whereas, the Connecticut Clean Energy Communities Program has been updated and expanded by the Clean Energy Finance and Investment Authority (CEFIA) and the Connecticut Energy Efficiency Fund (CEEF), by providing municipalities performance-based incentives to reduce building energy consumption 20% by 2018 and to purchase 20% of their municipal building electricity from clean renewable sources by 2018, and Whereas, this program awards grants to participating cities in the amount of up to $15,000 per year for each 100 points awarded for promoting Connecticut energy programs among residents, businesses, and city government, and Whereas, the City of Middletown, with the assistance of energy management companies has fulfilled a major component of the pledge by reducing energy consumption in municipal and school buildings by 20% from baseline levels, and city residents are now saving approximately $462,000 per year in home energy costs as a result of home energy services performed since January, 2010, and Whereas, the City of Middletown, due to past participation in state energy programs by residents, local businesses, and the City itself, is already eligible for a “Bright Ideas Grant” in the amount of $15,000 if the city adopts the new Clean Energy Communities Pledge. Now Therefore be it resolved by the Common Council of the City of Middletown: That Mayor Daniel T. Drew be authorized to sign the Clean Energy Communities Municipal Pledge to reduce municipal building energy consumption 20% from baseline levels by 2018; and Be It Further Resolved: That the Middletown Clean Energy Taskforce be charged with the responsibility to administer the requirements of the pledge and continue Middletown’s leadership in the areas of clean energy and energy efficiency; and Be It Further Resolved: That the first $15,000 grant be applied to a renewable energy system that will generate energy savings for the City of Middletown. Financial Statement: Cost to acquire Class I clean energy credits for calendar year 2013 will be equal to or less than $4,000 and these funds to be applied to Clean Energy line Item 1000- 27000-52110-0714-00000-0000-000. Agenda Item 10-6 Councilman Serra reads and moves for approval agenda item 10-6; his motion is seconded by Councilman Faulkner. The Chair states if you are in favor of the contract, you need to vote nay; if you want to reject the contract, you should vote aye. Hearing no discussion, he calls for the vote. He asks those in favor of rejecting the contract vote aye; Councilwoman Salafia votes aye. He states those of you who are against rejecting the contract vote nay. There are eight nay votes by Council Members Serra, Klattenberg, Bartolotta, Daley, Kasper, Faulkner, Bibisi, and Berch. The Chair states the matter is rejected with one affirmative vote and eight negative votes. The contract passes. Resolution No. 07-13 File Name cc13-16middletownadminassocicontgractreject Description Approving rejecting the contract between the Middletown Board of Education and the Middletown School Administrators Association for the term July 1, 2013 through June 30, 2016. (Defeated) BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That it rejects the contract between the Middletown Board of Education and the Middletown School Administrators Association for the term of July 1, 2013 through June 30, 2016. Agenda Item 10-7 Councilwoman Kasper reads and moves for approval agenda item 10-7 and her motion is seconded by Councilman Serra. The Chair states the same scenario applies here; if you want to ratify the contract, please vote nay and if you want to reject the contract, vote aye. Hearing no discussion the Chair calls for the vote. The vote is one aye vote by Councilwoman Salafia and eight nay votes by Council Members Councils Serra, January 7, 2013 Common Council Meeting Page 13 Klattenberg, Bartolotta, Daley, Kasper, Faulkner, Bibisi, and Berch. The Chair states the vote is one aye vote and eight nay votes. The Contract is ratified. Resolution No. 08-13 File Name cc13-16middletownfederationofteacherscontractreject Description Approving rejecting the contract between the Middletown Board of Education and The Middletown Federation of Teachers, AFT Local 1381 for the term July 1, 2013 to June 30, 2016. (Defeated) BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That it rejects the contract between the Middletown Board of Education and the Middletown Federation of Teachers, AFT Local 1381, AFT-CT, AFL-CIO for the term of July 1, 2013 through June 30, 2016. Agenda Item 10-8 Councilman Daley reads and moves for approval agenda item 10-8 and his motion is seconded by Councilwoman Kasper. The Chair reminds the public this modest investment will add an estimated $150,000 to the Middletown downtown economy. The Chair calls for the vote. It is unanimous to approve with nine aye votes. The Chair states the matter passes unanimously with nine affirmative votes. Resolution No. 09-13 File Name pcdBassFederationline item Description Approving creating a new line item entitled Bass Federation Championship in the Economic Development Fund and approving the transfer of $5,000 from the Economic Development Fund balance into the new line item and authorizing the Mayor to sign the agreement with the Bass Federation, Inc. (Approved) WHEREAS, the Middletown Common Council approved Resolution 219-12 approving an allocation of $5,000 from the Economic Development Fund to co-host The Bass Federation Divisional Championship Series bass fishing tournament. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: that a line item 4330-14000-xxxxx-xxxx-xxxxx-xxxx-xxx “The Bass Federation Championship” be established in the Economic Development Fund and the sum of $5,000 be transferred from the Economic Development Fund general balance into said line item BE IT FURTHER RESOLVED: That the Mayor is hereby authorized to sign the attached document necessary to implement the agreement with The Bass Federation, Inc. FISCAL IMPACT – There will be no impact on the General Fund. The $5,000 host fee will be paid from the Economic Development Fund Agenda Item 10-9 Councilman Berch reads and moves for approval agenda item 10-9; his motion is seconded by Councilman Serra. There is no discussion. The vote is called. It is unanimous to approve with nine aye votes. The Chair states the matter passes unanimously with nine affirmative votes. Resolution No. 10-13 File Name pwbidwaivermodspaceforrecyclingcenter Description Approving the bid waiver in accordance with Section 78-8 of the Middletown Code of Ordinances to purchase a modular unit, including utilities, from ModSpace for $26,030 to replace the trailer at the Recycling Center which serves as the office and drive-up window for vehicles to be weighed prior to disposal of the waste. (Approved) Whereas, the trailer at the Recycling Center serves as the office and drive-up window for vehicles to be weighed prior to disposal of material waste; and Whereas, the trailer was purchased in the late 1980s when the weigh station was implemented at the Recycling Center; and Whereas, the condition of the trailer has significantly deteriorated causing poor working conditions for the employees at the Center; and Whereas, the Building Inspector evaluated the possibility of building a wood-frame structure or purchasing a modular building, and it was determined it was more cost effective to purchase the modular unit; and Whereas, the modular building will come ready for installation and will not interfere with the delivery of service at the Recycling Center; and Whereas, ModSpace, a Middletown company, has provided a quote of $26,030 to supply and secure in place the modular unit, as well as utilities; and Whereas, funding will come from the Bulky Waste Fund; and January 7, 2013 Common Council Meeting Page 14 Whereas, the Standardization Committee met on Wednesday, December 12, 2012, and voted 2-1 in favor of the bid waiver. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That a bid waiver, in accordance with Section 78-8 of the Middletown Code of Ordinances, be approved to purchase the modular unit from ModSpace. Agenda Item 10-10 Councilman Berch reads and moves for approval agenda item 10-10; his motion is seconded by Councilman Faulkner. There is no discussion. The vote is called and it is unanimous to approve with nine aye votes. The Chair states the matter passes unanimously with nine affirmative votes. Resolution No. 11-13 File Name pwbldpermrfndpowerlineelec2012 Description Approving the refund of the building permit fee for Power Line Electric in the amount of $43.78. (Approved) BE IT RESOLVED BY THE COMMON COUNCIL, OF THE CITY OF MIDDLETOWN: That a Building Permit refund be issued to Power Line Electric, LLC, 27 Fox Brook Road, East Hartland, CT 06027 in the amount $43.78 for permit not used at 28 Crescent Street, Middletown, CT. Agenda Item 10-11 Councilman Faulkner reads and moves for approval agenda item 10-11; his motion is seconded by Councilman Serra. The Chair asks if there is any discussion; seeing none, he calls for the vote. It is unanimous to approve with nine aye votes. The Chair states the matter passes unanimously with nine affirmative votes. Resolution No. 12-13 File Name pwbldfndkokinisautumnln1212 Description Approving the refund of the building permit fee for Linda Kokinis in the amount of $286.20. (Approved) BE IT RESOLVED BY THE COMMON COUNCIL, OF THE CITY OF MIDDLETOWN: That a Building Permit Refund be issued to Linda Kokinis, 38 Autumn Lane, Middletown, CT in the amount of $286.20 for duplicate permit. Agenda Item 10-12 Councilwoman Bartolotta reads and moves for approval agenda item 10-12; her motion is seconded by Councilman Berch. Councilwoman Salafia asks if the Council has not already approved the regular meetings. Councilwoman Bartolotta responds, yes the Council already did the regular meeting and this is to clear up loose ends for other meetings. The Chair, hearing no further discussion, calls for the vote. The matter passes unanimously with nine affirmative votes. The Chair states the matter passes unanimously with nine affirmative votes. Ordinance No. 01-13 File Name sec23-3 Description Approving amending Section 23-3. Notice of special meeting. Of Chapter 23 of the Middletown Code of Ordinances to allow for the electronic delivery of special meeting notices to the Common Council. (Approved) Be it ordained by the Common Council of the City of Middletown: That Sec. 23-3 of Chapter 23 of the Middletown Code of Ordinances be amended to read as follows: Sec. 23-3. Notice of special meetings. A. Nonemergency special meetings. Notice of a nonemergency special meeting shall be given by a written or electronic notice which shall state the time, place and business to be transacted. No other business shall be considered at such meeting. The notice of each special meeting shall be posted in the office of the City/Town Clerk not less than 24 hours prior to the time of the meeting. A copy of the written notice shall be delivered to the usual place of abode of each member of the Common Council, or transmitted electronically to the member’s electronic mail address, so that the same is received prior to such special meeting. The requirement of delivery of such written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the Clerk of the Common Council a written waiver of delivery of such notice. Such waiver may be given by electronic mail. The requirement of delivery of such written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. January 7, 2013 Common Council Meeting Page 15 B. Emergency special meetings. In case of an emergency, a special meeting may be held without complying with the foregoing requirements for service and posting of notice of the meeting, but a copy of the minutes of any emergency special meeting adequately setting forth the nature of the emergency and the proceedings occurring at such meeting shall be filed with the City/Town Clerk not later than 72 hours following the holding of such meeting. No such meeting shall be held unless an attempt is made to give personal notice to each member of the Council of the time, place and purpose of such meeting. A written statement shall be filed with the minutes of the meeting setting forth what was done to give personal notice to each member of the Common Council. Agenda Item 10-13 Councilman Faulkner begins reading agenda item 10-13. Motion to Waive Rule Councilman Serra moves to waive the rules to waive the reading of the rest of the ordinance; Councilman Daley seconds the motion. The Chair, hearing no discussion, calls the vote. It is unanimous to approve with nine aye votes. The Chair states the motion to waive the reading of the entire ordinance is approved. Councilman Faulkner moves for approval agenda item 10-13; his motion is seconded by Councilman Serra. The Chair calls for the vote and it is unanimous to approve with nine aye votes. The Chair states the matter is approved unanimously. Ordinance No. 02-13 File Name sec47-4247-43 Description Approving adding a new Article XVIII Clean Energy Finance and Investment Authority Fund and new Section 47-42. Purpose.; new section 47-43. Administration. To Chapter 47 of the Middletown Code of Ordinances to allow for the use of benefits collected by the City of Middletown in conjunction with the C-PACE program. (Approved) Be it ordained by the Common Council of the City of Middletown: That a new Article XVIII Clean Energy Finance and Investment Authority Fund, Section 47-42, Purpose, and Section 47-43, Administration, be added to Chapter 47 of the Middletown Code of Ordinances to read as follows: ARTICLE XV Clean Energy Finance and Investment Authority Fund Section 47-42. Purpose. There shall be a Fund created to be known as the “Clean Energy Finance and Investment Authority Fund” to receive payments of benefit assessments collected by the City of Middletown for the Clean Energy Finance and Investment Authority in accordance with loans issued to local businesses pursuant to the Commercial Property Assessed Clean Energy (C-PACE) program established by Public Act No. 12-2 of the June 12, 2012 Special Session of the Connecticut General Assembly. Section 47-43. Administration. In accordance with the terms of the Commercial Property Assessed Clean Energy (C- PACE) Agreement between the City of Middletown and the Clean Energy Finance and Investment Authority, the Authority is the beneficial owner of the amounts collected pursuant to the benefit assessments made pursuant to the C-PACE program and deposited herein. The City of Middletown shall transmit the amounts collected and held herein to the Authority on a monthly basis. Agenda Item 11 Description Mayor’s Appointments (Approved) The Mayor reads the appointments and asks for a motion to approve. Councilman Serra so moves and Councilman Faulkner seconds the motion. The vote is called and it is unanimous to approve with nine aye votes. The Chair states the matter passes unanimously. Middletown Housing Partnership Trust: Appointment of Aaron Roome to fill a vacancy to June 30, 2015. Clean Energy Task Force: Appointment of Jennifer Kleindienst to replace Nancy Newman (resigned). Appointment of Demetrius D’Alessandro to replace Jeff Pugliese (resigned). Youth in Government: Citizens Advisory Committee: Appointment of Ama Apiah to July 1, 2013. Middletown Preservation Design Review Board: Appointment of Christy Parmenter to July 1, 2013. Long Hill Estate Authority: Appointment of Rachel Angel to July 1, 2013. Park and Recreation Commission: January 7, 2013 Common Council Meeting Page 16 Appointment of Alyssa Case to July 1, 2013. Youth Services Advisory Board: Appointment of Elanor Frechette to July 1, 2013. Appointment of Hannah Fields to July 1, 2013. Appointment of Tom McAlear to July 1, 2013. Appointment of Evan Pennington to July 1, 2013. Human Relations Commission: Appointment of Stephanie Case to July 1, 2013. Committee Concerning People With Disabilities: Appointment of Abigal Nolan to July 1, 2013. Agenda Item 12 Description Contingency Fund Transfers The Chair states there are no contingency fund transfers to announce. Meeting Adjourns Councilman Serra moves to adjourn and his motion is seconded by Councilman Daley. The vote is unanimous to adjourn with nine aye votes. The Chair declares the meeting adjourned at 8:42 p.m. ATTEST: MARIE O. NORWOOD Common Council Clerk