Common Council

REGULAR MEETING OF THE COMMON COUNCIL MIDDLETOWN CONNECTICUT AUGUST 4, 2014 Regular Meeting The Regular Meeting of the Common Council was held in the Council Chamber of the Municipal Building on Monday, August 4, 2014 at 7 p.m. Present Mayor Daniel T. Drew, Corporation Counsel Daniel B. Ryan, Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer Absent Councilman James B. Streeto Also Present Members of the Press and forty members of the public. 1. Mayor calls meeting to order. A. (Pledge of Allegiance) The Chair calls the meeting to order at 7:01 p.m. and leads the public in the Pledge of Allegiance. B. (Council Clerk Reads the Call of the Meeting and Mayor declares call a legal call and meeting a legal meeting.) The Call of the meeting is read and accepted. The Chair declares this call a legal call and the meeting a legal meeting. Meeting Recesses Councilman Serra moves to recess the meeting and is seconded by Councilwoman Kasper. The Chair calls for the vote and it is unanimous with eleven aye votes. The Chair declares the recess at 7:03 p.m. to return to the Public Hearing on the Draft Report of Charter Revision. Meeting Reconvenes The Chair calls the meeting to order at 7:25 p.m. Councilman Faulkner states they are in the regular meeting and if people are here for that, you should stay, but if not, this is the time to leave. 2. Accept/Amend the Agenda. Councilman Thomas J. Serra moves to amend the agenda by substituting agenda item 8D for the Board of Education and adding agenda item 10F, authorizing the Mayor to sign a capital lease agreement with DeLage Landen Public Finance LLC for the Board of Education. Councilman Giuliano asks if the Council will be taking action on agenda item 10B, the Kleen Energy Water District this evening. Councilman Serra responds yes. Councilwoman Mary A. Bartolotta seconds the motion. The chair calls for the vote. It is 11 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes and 1 absent by Councilman James Streeto. The Chair states the matter carried with 11 affirmative votes, 0 in opposition and 1 absent. 3. Presentations (None) 4. Mayor requests motion to approve minutes of: The minutes 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 August 4, 2014 Common Council Page 2 been dispensed with, the Chair requests a motion to approve the minutes. Councilman Grady L. Faulkner, Jr. moves for approval the minutes of the regular meeting of July 7, 2014 at 7 p.m. and special meetings of July 7, 2014 at 6 p.m., July 10, 2014 at 7 p.m. and July 10, 2014 immediately following the 7 p.m. meeting. Councilwoman Kasper abstains from the votes of the meetings of July 14; Councilman Santangelo abstains from the votes for July 14 as well. Councilman Sebastian N. Giuliano seconds the motion. The chair calls for the vote. It is 10 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman James Streeto, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes, one absent (Councilman James B. Streeto) and 2 abstentions by Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo. The Chair states the matter carried with 10 affirmative votes, 0 in opposition, 1 absent, and 2 abstentions. 5. Public Hearing on Agenda Items Opens The chair opens the public hearing at 7:25 p.m. Chief McKenna speaks to agenda item 10A, approving the recommendations of Labor Management for the position of Administrative Secretary to Research Analyst at Grade 9 in the Police Department; Jean Kurber worked under him as an administrative secretary and her jobs have increased and it is now mandatory and she is working out of her job description. He asks the Council to support this change. The detectives handed her many letters of endorsement and he could spend all night reading them. She went through the process properly and the committee voted to move it forward. She clearly deserves it. Larry Riley, resident wanted to introduce himself; he is the new Commander of Wilcox Post 75 and I wanted to meet my Landlord. He will take over beginning September. He is urging support for the Regional Legion tournament that is taking place at Palmer Field from August 7 to the 11th. Post 75 is the host team and we would like to see you there. The support from the city has been marvelous and he wants to thank Bill Russo who has done an excellent job for them along with Councilman Serra. The legion depends on the help we get from the City. The chair congratulates Larry on his new post. Chair asks if there are any other members of the public wishing to speak. 6. Public Hearing on Agenda Items Closes. The Chair, seeing no other members of the public wishing to speak, closes the public hearing at 7:33 p.m. 7. Mayor requests Council Clerk to read appropriation and bond ordinance requests and the Certificate of Director of Finance. August 4, 2014 Common Council Page 3 A. Parking Department $95,000, Account No. 1000-18500-53282 Arcade Repairs and Maintenance, General Fund. (Approved) Councilman Robert P. Santangelo reads and moves for approval the Parking Department $95,000, Account No. 1000-18500-53282 Arcade Repairs and Maintenance, General Fund.. Councilwoman Hope P. Kasper seconds the motion. Councilman Giuliano will not support this; he believes the best course of action is to close the lower level. This has been described as a band aid; if something happens after we do the repairs are we free of liability; well for the first time. If it happens again, we will not be. We should put the $95,000 toward demolition. I asked the Director is the $95,000 protecting a revenue stream and he said no. I asked if we would incur a greater expense if we don't do this and close the lower level and he said no. We should put it towards its replacement. We will be holding a workshop on that and we would do better by closing the lower level. Councilman Faulkner as Chair of Insurance and Claims I am not about protecting the revenue but the people. We have had a lot of claims from that lot. We are at the point where we need to do something so I urge my colleagues to move forward with this. Councilwoman Kasper states I agree with Councilman Faulkner and I serve on Insurance and Claims and we have had many cars and property damaged; we have had an employee injured and the lot is closed for all but employees. We are putting them at risk by not spending the $95,000 that the engineer told us that we need to do immediately. Counsel has told us to do this and we are following the advice of our consultant. If we do close it that is not stopping someone from walking through there and getting injured. It is for the best interest to make the repairs and I urge my colleagues to support this. Councilman Bauer agrees with Councilman Giuliano and he is confused that this appropriation was made over half a year ago and hearing such immediacy, but I don't know why if that were the case it has not been done and now facing what we are going to do, I am having trouble repairing something that has a better than 50% chance of being torn down. Councilman Santangelo states he beat the drum to close this down but the director made one comment about moving cars and it was two years to pay for parking cars elsewhere and shutting the lower garage it would be the same cost, but if it is more than two years, it will be cost more. I was the person who originally said shut it down. We also have structural problems that need repairs if we are going to keep the upper level open. Councilman Serra states the last Council said yes to this $95,000 and it is a safety issue. For me, when you know about something, it is a possible liability. If you don't do it and know it, you are personally liable. If we need to fix this and utilize the money, then fix it. He will support this. Councilman Daley states to Councilman Santangelo's point why not just wait until the workshop and approve the plan. I don't believe we can table or postpone an appropriation. We have to vote it up or down. We are here to make decisions. We made this decision last year and because of the clock turning and a new fiscal year, we have to reauthorize. We don't have a plan August 4, 2014 Common Council Page 4 to close the lower level and provide parking for those parking there now. With respect to that and we had the workshop, how likely is a firm decision after the workshop. It is contingent upon further action by the Council and then the voters. We will not have an immediate decision about replacing the arcade to at least the November election. Then it is a large construction project and the two year time frame as the line of demarcation about closing or making improvements, I don't think we will see it within two years. I would urge approval of this appropriation tonight. We have an obligation and a responsibility about protecting people. Councilwoman Bartolotta states she asked many questions and asked the director if we closed it; there are less than 40 spaces used. She went over the engineering report and the fix is not permanent. We should close it. I would encourage the Council to vote to close it and use the money to put the employees to another area than the cost of this repair which is not a guaranteed fix. Councilman Giuliano states as Councilwoman Bartolotta points out we can pass this and it will not magically fix it tomorrow. We have been discussing the dangers of that garage. How do you open it tomorrow with this knowledge? You will have to close it until the repairs are made and the first time concrete comes down you are back on notice. I think ultimately we will face the problem of closing it and I say close it now. Councilwoman Kasper does not agree with comments made by Council Members Giuliano and Bartolotta; this is preventing someone from being injured or worse for $95,000 and she urges her colleagues to vote for this and have safety for our citizens. Councilwoman Kleckowski states she is in agreement with shutting the garage for the reasons that have been listed. We have been talking about this for a long time. This was on the agenda consistently at Insurance and Claims. I think it should be shut it down and as to people walking through, they shouldn't be there. Councilman Daley asks do we know what Middle Oak will charge us. Councilwoman Bartolotta states they do have a cost. Councilman Daley asks if they signed a lease. Councilwoman Bartolotta responds no but it can be taken care of overnight. The chair calls for the vote. It is 7 aye votes by Councilman Thomas J. Serra, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilwoman Sandra Russo Driska; 4 nay votes by Councilwoman Mary A. Bartolotta, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilman David Bauer and 1 absent by Councilman James Streeto. The Chair states the matter carried with 7 affirmative votes, 4 in opposition and 1 absent. B. Registrars of Voters $1,659.98, Account No. 1000-09000-51215, Part-time Salaries, General Fund (Approved) Councilman Grady L. Faulkner, Jr. reads and moves for approval the Registrars of Voters $1,659.98, Account No. 1000-09000-51215, Part-time Salaries, General Fund. Councilman Gerald E. Daley seconds the motion. The chair calls for the vote. It is unanimous to approve with 11 aye votes. Councilman Streeto is absent. The chair states the matter passes unanimously with 11 affirmative votes and one member absent. C. Public Works, Parks Div. $75,000, Account No. 1000-22000-55185-0320, Contractual Services, General Fund. (Approved) Councilman Carl R. Chisem reads and moves for approval the Public Works, Parks Div. $75,000, Account No. 1000-22000-55185-0320, Contractual Services, General Fund. Councilman Robert P. Santangelo seconds the motion. The chair calls for the vote. It is 11 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes by no one and 1 absent by Councilman James Streeto. The Chair states the matter carried with 11 affirmative votes, 0 in opposition and 1 absent. D. Sanitation $70,000, Account No. 2150-40000-53275, Waste Removal Containers/Supplies, Sanitation Depreciation Fund. (Approved) Councilman Carl R. Chisem reads and moves for approval the Sanitation $70,000, Account No. 2150-40000-53275, Waste Removal Containers/Supplies, Sanitation Depreciation Fund. Councilman Robert P. Santangelo seconds the motion. The chair calls for the vote. It is 11 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay August 4, 2014 Common Council Page 5 votes by no one and 1 absent by Councilman James Streeto. The Chair states the matter carried with 11 affirmative votes, 0 in opposition and 1 absent. 8. Department, Committee, Commission Reports and Grant Confirmation Approvals: Councilman Thomas J. Serra reads and moves for approval all Department, Committee, Commission Reports and Grant Confirmation Approvals including 8A, 8B, 8C, 8D, 8E, 8F, 8G, 8H, 8I, and 8J.. Councilwoman Deborah A. Kleckowski seconds the motion. A. City Clerk's Certificate (Approved) B. Monthly Reports: Finance Department - Transfer Report to July 24, 2014 (Approved) August 4, 2014 Common Council Page 6 August 4, 2014 Common Council Page 7 C. Grant Confirmation and Approval - Board of Education, Various Grants (Approved) D. Grant Confirmation and Approval - Board of Education, Old Year, Various August 4, 2014 Common Council Page 8 E. Grant Confirmation and Approval - Health Dept., H1Ni - MDA 36 F. Grant Confirmation and Approval - Health Dept., Kids Safety Expo G. Grant Confirmation and Approval - Health Dept., Preventive Block Grant August 4, 2014 Common Council Page 9 H. Grant Confirmation and Approval - Health Dept., CROG I. Grant Confirmation and Approval - Health Dept., Lead Poisoning Prevention J. Investigative Report, Chief of Police - Informational Only August 4, 2014 Common Council Page 10 The chair calls for the vote. It is 11 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes by no one and 1 absent by Councilman James Streeto. The Chair states the matter carried with 11 affirmative votes, 0 in opposition and 1 absent. 9. Payment of all City bills when properly approved. Councilman Thomas J. Serra reads and moves for approval 9. Payment of all City bills when properly approved. Councilwoman Deborah A. Kleckowski seconds the motion. The chair calls for the vote. It is 10 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska; 1 nay votes by Councilman David Bauer and 1 absent by Councilman James Streeto. The Chair states the matter carried with 10 affirmative votes, 1 in opposition and 1 absent. 10. Resolutions, Ordinances, etc.: A. Approving the recommendations of the Labor Management Committee to amend the job descriptions in the Classified Plan for Local #466 for the positions of Administrative Secretary for Investigative Services in the Police Department to Research Analyst to stay at Salary Grade 9; Landfill/Gate Attendant amended and renamed to Recycling Center Gate Attendant and Monitor with a change in salary from Grade 7 to Grade 8; Paint/Traffic Paint Supervisor amendments with no change in salary, remaining at Grade 9; Education Technologist, Board of Education, amendments to reflect changes in responsibility with salary grade going from salary Grade 10 to Grade 11. Resolution No. 97-14 File Name GCCLaborManagement2014local466 (Approved) Whereas, the City of Middletown and Local #466, AFSCME Council #4 have an agreement to implement a Labor Management Committee that shall meet once each January to discuss changes in job descriptions and salary assignments for bargaining unit members; and Whereas, during this annual review the Labor Management Committee considered twenty (20) requests for appeal and the Committee selected four (4) positions that warranted an increase in salary grade and/or changes in job description; and Whereas, the following represents the recommendations of the Labor Management Committee and the Committee respectfully requests the approval from Common Council; Now, Therefore, Be it resolved by the Common Council of the City of Middletown: that effective upon passage by the Common Council the following changes in job descriptions are made to positions contained within the Classified Plan for the bargaining unit of Local #466 and any changes to salary shall be made retro-active to July 1, 2014: 1. Research Analyst – Language changes to the current job description to reflect similar duties also being performed in the Investigative Services division for the Middletown Police Department. This position remains valued at its current Salary Grade 9, Local #466, 35 hours ($20.23 - $29.94). The Administrative Secretary for Investigative Services shall be reclassified to the revised Research Analyst position, Salary Grade 9, Step 4 ($26.07), Local #466, 35 hours. 2. Recycling Center Gate Attendant & Monitor - Language and job title changes to the current job description of Landfill/Gate Attendant position to reflect new requirements for State licensing and additional changes now required for the operation of the scale house. Upgrade current salary grade 7 to salary grade 8, 40 hours ($18.73 - $27.73). Reclassify the Landfill/Gate Attendant to the Recycling Center Gate Attendant & Monitor position, including upgrade in salary effective upon adoption. 3. Paint/Traffic Paint Supervisor – modification to job description with no change in salary. Salary grade 9, 40 hours ($20.23 - $29.94). 4. Education Technologist (BOE) – modification to job description to reflect changes in responsibility and upgrade salary grade 10 to salary grade 11, Local #466, 35 hours ($23.25 - $32.19). Fiscal Impact: $23,100 total ($12,679 for BOE positions) Councilwoman Mary A. Bartolotta reads and moves for approval the recommendations of the Labor Management Committee to amend the job descriptions in the Classified Plan for Local #466 for the positions of Administrative Secretary for Investigative Services in the Police Department to Research Analyst to stay at Salary Grade 9; Landfill/Gate Attendant amended and renamed to Recycling Center Gate Attendant and Monitor with a change in salary from Grade 7 to Grade 8; Paint/Traffic Paint Supervisor amendments with no change in salary, remaining at Grade 9; Education Technologist, Board of Education, amendments to reflect changes in August 4, 2014 Common Council Page 11 responsibility with salary grade going from salary Grade 10 to Grade 11. Councilman Gerald E. Daley seconds the motion. Councilman Bauer can't vote on this because we are engaged in a study and to be given out raises when doing a formal study it is inappropriate timing and if the formal study makes the recommendation, we can make the adjustments. Councilman Giuliano states I agree with Councilman Bauer. Councilman Faulkner asks if this is part of the contractual obligation. Chair Drew replies we are contractually bound to do this. We are not absolved of our contractual duty because we are doing a study and if we fail to do this, we will be taken to the State Labor Board. Councilwoman Bartolotta states that question was posed and Attorney Smith made it clear we could not delay this because of the new study. Councilman Daley states these recommendations come from a process established in the 466 contract and the action on these were deferred with concurrence with the Union, however, we now have to take action on the recommendations. As Chief McKenna states one of them in particular is not an upgrade, but is merely saying an individual needs to be reclassified from a job they are currently assigned to a different job and that Research Analyst Job is paid at nine and instead of one, we will have two Research Analysts and one less administrative secretary II. It is interesting that the Supervisor of Paint has no change in pay, only the job description. The Education Tech at the Board is one grade increase and the Recycling gate attendant is one and the largest is not an upgrade to the pay grade, but putting the person in the job that reflects their duties and responsibilities. He urges support of the recommendations. Councilwoman Bartolotta states we are contractually obligated to move forward with this. I agree we should wait for the new study. She asked for the study a year ago because it is severely outdated. It is difficult to determine going through the process and no one is guaranteed to be reviewed. She will abstain from this vote because there are individuals that deserve the upgrade and others that were bypassed because we don't have the proper standards to do this. Councilwoman Russo Driska states she was part of Teamsters that put a Labor Management Committee in place and it is not the best system and she has been unhappy with some of the outcomes of that. She has spoken to many employees who are angry about these. My concern is this; they deserve what they can get and if she could vote on them individually, she would; but any increases, she has to defer those and the employees asked for a new study. This is an on-going issue and she spoke to General Counsel and we picked a company and they are going to proceed and it will take six months or so. I can't from this point forward pay increases until each employee has their just due. I agree with Councilman Bauer; at some point we need to stop the process that is not fair for all employees. If we can break them out individually, I would vote. Councilwoman Kasper states she would also like to see them voted on individually. Councilman Giuliano states as a member of the General Counsel Commission, he confirms what Councilwoman Bartolotta said and if the job study confirms what Labor Management decided then it will all be made retroactive. The City Attorney stated the terms of the contract only gives us the option to vote yes or no. We have gone through the process and our votes are still our own. Councilman Serra states the study should have been done, but this is the only game in town that was agreed upon by Labor and Management. They made a decision and it comes to the Council to vote yes or no. It is a contractual thing and I don't believe we can have retroactive for a year. I will support this. The chair calls for the vote. It is 6 aye votes by Councilman Thomas J. Serra, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley; 4 nay votes by Councilman Sebastian N. Giuliano, Councilwoman Sandra Russo Driska, Councilwoman Deborah A. Kleckowski, Councilman David Bauer; 1 abstention by Councilwoman Mary A. Bartolotta; and 1 absent by Councilman James Streeto. The Chair states the matter carried with 6 affirmative votes, 4 in opposition, one abstention and one absent. Noted for the Record Councilwoman Bartolotta leaves the chamber at 8:02 p.m. B. For the Kleen Energy Water District in the Water Department: 1. Approving Establishing new line items for the Water Department Budget for the Kleen Energy Water district retroactive to July 1, 2014 for expenditures and revenue; approving a new fund to accumulate CNR deposits made through the operating budget; 2. Approving the Kleen Energy Water District Expenditure and Revenue Budgets for FY 14/15; 3. Approving a loan of $1,000,000 from the Water Department Fund Balance into the revenue line for the Kleen Energy Water District with an interest charge of 4% simple interest on the loan with the loan due on July 1, 2015; 4. Approving the interest charged to the fund be deposited as revenue into the Water Department Fund in FY 15/16. Resolution No. 98-14 August 4, 2014 Common Council Page 12 File Name kleenenergywaterfundresoltuionh7-24-14 (Amended and Approved) BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN THAT: That new Line Items be established by the Finance Department for Kleen Energy Water District effective retroactively to July 1, 2014, with line items to include line items for expenditures, and line items for revenue, and a new fund to accumulate Capital Non-Recurring (CNR) deposits made through the operating budgets year to year; BE IT FURTHER RESOLVED THAT: The Council adopt the Kleen Energy Water District Expenditure and Revenue Budgets for FY 14/15 as attached; BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN THAT: A loan be made from the Water Department Fund Balance into the newly created Kleen Energy Water District Special Revenue Fund, F u n d Balance to support expenditures for FY 14/15; BE IT FURTHER RESOLVED THAT: The loan amount shall be $1,000,000 (one million dollars) and that the Kleen Energy Fund be charged interest at the rate of 4% simple interest calculated from the date of transfer into the fund, and becoming due on July 1, 2015; BE IT FURTHER RESOLVED THAT: The interest be charged to the Kleen Energy Water Fund in FY 15/16 for this loan, and that income from this loan be deposited as revenue into the Water Department Fund in FY 15/16.; and BE IT FURTHER RESOLVED: That the pension expense of 8-1/2% of payroll be added and corrected at a later date. Councilwoman Hope P. Kasper reads and moves for approval establishing the Kleen Energy Water District budget including expenditure and revenue lines in the Water Department, to include a new fund to accumulate CNR deposits through the operating budget; to approve a loan of $1,000,000 to the district with interest of 4% due July 1, 2015 and that any interest is deposited into the revenue of the Water Department in FY 15/16; and with the understanding that the pension expense of 8-1/2% of payroll be added and corrected at a later date.. Councilman Carl R. Chisem seconds the motion. The chair calls for the vote. It is 10 aye votes by Councilman Thomas J. Serra, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes by no one and 2 absent by Councilwoman Mary A. Bartolotta, Councilman James Streeto. The Chair states the matter carried with 10 affirmative votes, 0 in opposition and 2 absent. C. Approving authorizing Mayor Daniel T. Drew to sign an application to the State of Connecticut for $10,000 from the Local Capital Improvement Program for a new public address audio system at Palmer Field; approving a new Capital Improvement line item, Palmer Field Public Address system in the amount of $10,000. Resolution No. 99-14 File Name pwlocipapppublicaddresssysatrPalmer (Approved) WHEREAS, the public address system used for football games at Palmer Field is in need of an upgrade; and WHEREAS, the current system is not audible for spectators at the field; and WHEREAS, the City has received an estimated cost of $10,000 for the upgrade. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That Mayor Daniel T. Drew be authorized to sign an application to the State of Connecticut for $10,000 from the Local Capital Improvement Program (LoCIP) for a new public address audio system at Palmer Field; and AND BE IT FURTHER RESOLVED: That a new Capital Improvement line item, Palmer Field Public Address System, in the amount of $10,000 be authorized. Councilman Thomas J. Serra reads and moves for approval authorizing Mayor Daniel T. Drew to sign an application to the State of Connecticut for $10,000 from the Local Capital Improvement Program for a new public address audio system at Palmer Field; approving a new Capital Improvement line item, Palmer Field Public Address system in the amount of $10,000. Councilwoman Hope P. Kasper seconds the motion. The chair calls for the vote. It is 10 aye votes August 4, 2014 Common Council Page 13 by Councilman Thomas J. Serra, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes by no one and 2 absent by Councilwoman Mary A. Bartolotta, Councilman James Streeto. The Chair states the matter carried with 10 affirmative votes, 0 in opposition and 2 absent. D. Approving the naming of Carlie Court as a City street name. Resolution No. 100-14 File Name pwstreetnamingcarliecourt (Approved) WHEREAS, the Public Works & Facilities Commission, voted 3-1 at its meeting held on July 9, 2014, to accept the following street name to be accepted as a city street name: Carlie Court WHEREAS, prior to the Public Works & Facilities Commission meeting, Wayne Bartolotta also approves of the street naming as there are no issues with the CAD System. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That in accordance with the Middletown Code of Ordinance, this street name is hereby approved and accepted. Councilman Carl R. Chisem reads and moves for approval the naming of Carlie Court as a City street name. Councilman Robert P. Santangelo seconds the motion. Councilman Bauer asks what Carlie Court is. The chair states it is from the developer and there is some sentiment at Public Works Commission to tighten the recommendations for naming streets. Councilman Chisem states yes. Councilman Bauer agrees with that. He is opposed to this because he asked the question we are approving a request of the developer and we don't attach significance to the name and if we don't know its significance now, it will be more obscure in ten years. We need to make even more of a dedication of our street names reflecting the culture history and traditions of the City of Middletown. Where the developer is, this is on the border with Rock Fall and the back of this development will back to the Coginchaug River and it is a boundary and proud piece of city tradition and we will own the street and we should be naming it. Frankly, I would ask everyone to reject the developer's wish because it means nothing to the City and nothing to the property owner. I urge my fellow Council people to reject the name and send it back to Public Works and come up with a more meaningful name. Councilman Daley states the copy of the resolution that I have says it is approved by the Commission on July 9; the appropriate time to have said no would have been then. I don't think we can presume the name has no significance to the developer. The street I am familiar with is Lisa Lane. We have a lot of streets in Middletown that have names that had meaning to the developer and some developers are more cognizant to have easily searched names. I commend the Public Works commission to set criteria and you work with developers, but to pull the rug out at this date, it sends the wrong thing to the developers. It is my understanding that Public Works does give them a list of potential street names and they are accepting alternatives from developers. I am assuming it does have meaning to the developer. I would be hesitant to not approve this. I recommend tonight to approve this. Councilman Serra stats Public Works did approve this 3 to 1 with the intent of entertaining and supporting setting criteria for naming streets. Noted for the Record Councilwoman Bartolotta takes her seat at 8:10 p.m. Councilman Serra states we will send this to Ordinance Study relative to how to do this and I am supporting the name. Councilman Giuliano states Ii agree with Councilman Bauer and Public Works does not have the last say, we do. I do know who Lisa is and this does seem out of the blue and a developer came in and picked the name. Of some concern, when he did development work and before Central Communications the Fire and Police would weigh in on names to make sure there would be no confusion. We do have Carll Road. It is a consideration to make sure it isn't confused with other names. He is not satisfied that it has significant connection to Middletown so he will vote against. Councilwoman Russo Driska agrees with Councilman Bauer and we should have regulations on street naming, but to Councilman Daley's point a developer doesn't have to develop in Middletown and she is torn and it is not fair to the developer that it passed public works and they need to know the criteria and she will support it for those reasons. Councilman Santangelo states listening to Councilman Giuliano, Public Safety did sign off on this. Here the Director of Communications said he had no trouble with it. He agrees with Councilman Daley and agrees with Councilman Bauer about looking at this in the future and setting criteria. He will support this. Councilman Bauer states for the edification for those watching at home. We have two resolutions and number 262-14 says Public Works Commission is the Committee or August 4, 2014 Common Council Page 14 Commission that forwards names to the Council but 262-15 gives the naming to the Council and only the Council. So what we are doing is not colored by the suggestion of Public Works. This body is the naming body and I don't see where the action of Public Works to forward a name colors a decision of the Council. That is the way I read the Ordinance. Councilwoman Kleckowski states that she agrees with Councilman Bauer and the process of Ordinance Study reviewing the way to name streets is the same as a job study being done before reviewing job changes. We should wait until the recommendations are made and for those not looking to vote positive for the job study, I suggest it holds true with the naming of this street. We should wait until the recommendations are made. The chair calls for the vote. It is 8 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilwoman Sandra Russo Driska; 3 nay votes by Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilman David Bauer and 1 absent by Councilman James Streeto. The Chair states the matter carried with 8 affirmative votes, 3 in opposition and 1 absent. E. Approving a bid waiver in accordance with Section 78-8 of the Middletown Code of Ordinances for the Parking Department to purchase 6 LUKE II kiosks and any related accessories necessary for implementation of the equipment from Integrated Technical Systems, Inc., in collaboration with Digital Technologies for $68,648 and Northeast Communications for $6,200 for location wiring/cabling and full installation with payment from the Parking Fund. Resolution No. 101-14 File Name pkbidwaiverfordigitalpaymentkiosks (Amended and Approved) Whereas, the City of Middletown Parking Department, the Parking Advisory Board, Middlesex Chamber of Commerce and its downtown members, Downtown Business District and its downtown members, the Middletown Mayor’s Office, the Middletown Police Department and the Central Communications (911 Center) Department have been grappling with significant customer service, operational and mechanical issues stemming from the Amano Gate System since 2010 when it was first installed in the Melilli Plaza lot and the Arcade Lots; and Whereas, these operational and mechanical issues include but are not limited to numerous and repeated ticket jams, credit card processing and reconciliation issues, credit card abduction issues by the equipment, motorists being stuck behind the gate system after regular office hours, paper jams, printer issues, and various IT system crashes all leading to over 400 calls in just the after hour period per month leading to a significant burden on the dispatch 911 center and on various PD shifts; and Whereas, the parking department, Mayor’s Office and City legal and purchasing have had numerous discussions and broached these issues to Amano’s regional and corporate offices and yet having not received sufficient long term resolution and with continuing discomfort regarding the nearly annual $35,000 maintenance fees associated with the equipment; and Whereas, the Mayor’s Office, the Parking Advisory Board and Parking Department in Fall 2013 began earnest exploratory discussions, internal reviews, and site visits to towns including New Britain, Greenwich, Darien, West Hartford, and Norwalk and took other educational steps such as attending forums, conferences and exhibitions with an eye toward replacing Amano gate systems in 2014; and Whereas, the Parking Department expects operational savings of replacing Amano of approximately $45,000 through lower overtime costs of $2000, no magnetic ticket purchases of $6000, no gate replacements purchases of $2000, and eliminating the Amano Service contract of $35,000; and Whereas, to replace the current gate system six (6) programmable kiosks known by the trademark name LUKE II (4 in Melilli and 2 in Upper Arcade) manufactured and serviced by Integrated Technical Systems based in Wallingford Connecticut in collaboration with Digital Technologies of New York would need to be purchased; and Whereas, the kiosk purchase would integrate directly with our current and successful enforcement application and tools causing no need to make changes to that relationship and could integrate with LPReader technology in the future if the City so chooses; and Whereas, the kiosk purchase was discussed and approved by 3-0 vote by the Standardization Committee and also discussed and approved by 5-0 vote at the Parking Advisory board and was brought to the Government and Finance Committee. Whereas, the Common Council at its July 2014 meeting referred the bid waiver request back to the Parking Advisory Board and the Board continues its support for this request and whereas the Common Council received a full workshop on July 31, 2014 regarding the kiosk functionality, security provisions and other related topics with a full demo of the desired equipment from the preferred vendor; Now, Therefore, Be it Resolved by the Common Council of the City of Middletown: That a bid waiver be approved in accordance with Section 78-8 of the Middletown Code of Ordinances for the Parking August 4, 2014 Common Council Page 15 Department to purchase 6 LUKE II kiosk and any related accessories necessary for implementation of the equipment, from the Integrated Technical Systems Inc., in collaboration with Digital Technologies, for $68,648 and Northeast Communications for $6200 for location wiring/cabling and full installation from the Parking Fund which was set aside from last year’s parking fund revenue for this purpose by the Council and Parking Advisory Board; and BE IT FURTHER RESOLVED: That a performance bond be required of the vendors. Fiscal Impact: All funds will be expended from the Parking Fund (2030) NOT the operational budget. Funds were set aside for this purpose in 2013. Savings however WILL be seen in the operational budget in 2014/15. Revenues from Lots may see a slight decrease as we educate users and revamp enforcement of the lots. However, revenue from ticket enforcement issuance may increase. Also, we will propose increasing rates to at least $1.00 per hour without full lot free time (select spaces will have designated free time) which could raise revenues by nearly $350,000 dollars. No staff increases are needed. Councilman Robert P. Santangelo reads and moves for approval a bid waiver in accordance with Section 78-8 of the Middletown Code of Ordinances for the Parking Department to purchase 6 LUKE II kiosks and any related accessories necessary for implementation of the equipment from Integrated Technical Systems, Inc., in collaboration with Digital Technologies for $68,648 and Northeast Communications for $6,200 for location wiring/cabling and full installation with payment from the Parking Fund.. Councilman Gerald E. Daley seconds the motion. Councilman Bauer will support this but asks when the contract is put together you include something on every invoice for this service that no agencies such as the NSA has subpoenaed our data. The Chair states he will try. He would ask politely. Councilman Giuliano states Geen did have a workshop with reps of the manufacturer and right now they assured us the license plate info does not cross reference to any other database and they could not assure us at a future time it could, but they said they would let us know if that changed. The multispace meter right now is to put them in Melilli and the Arcade, but these could ultimately replace all the meters and we could have one system that is uniform for the whole city. The reliability is good and they are easily repaired. It is a good move and he is happy to support it. Councilman Faulkner will support this and he is disappointed that we did not look at other methods. I agree that we should have some notice if that database where the information is asked for. We need to make sure the contract says none of our data can be sold to anyone else and we should make an effort to limit the length of time it is stored. I would recommend that the City put forth an effort and produce a privacy policy for the City both internally and externally. Some of the data we need to make sure what personal data we are collecting and there are expiration data on their official use and it is not hanging around. There are commercial operations scanning license plates in cities and whether we can outlaw that we should research it. Councilman Serra states we have to be cautious; we were sold a bill of goods a few years ago. He asks the Chair look at a performance bill to be sure these actually works. Make sure that everything works; so whatever function, set benchmark and tie payments to those. Councilman Chisem states on Councilman Faulkner's comments, he too has questions on security and it was covered in the workshop and we were assured that everything will be put in the contact and to Councilman Serra, he spoke to Geen about a trial run based on what we had now and Geen has worked out something tying benchmarks to make payments. Motion to Amend Councilwoman Kasper likes the idea of a performance bond and would like to amend the resolution to add it; Councilwoman Kleckowski seconds the motion. There is no discussion; the Chair calls for the vote and it is unanimous to approve to add the language to the resolution requiring a performance bond. The Chair asks the clerk to send all the suggestions and recommendations regarding what to negotiate into the contract to General Counsel, the director and myself; to the Council to the extent allowed by law, they will do what they can to add provisions as suggested. Councilwoman Bartolotta lets the public know it will save the City a significant amount of money per year; she will support it. She states that they have a significant amount of computer usage or data that works with this particular kiosk that can save time so it is more cost effective. The chair calls for the vote. It is 11 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes by no one and 1 absent by Councilman James Streeto. The Chair states the matter carried with 11 affirmative votes, 0 in opposition and 1 absent. F. Approving authorizing Mayor Drew to sign a capital lease agreement with De Lage Landen Public Finance LLC and a sublease and Assignment Agreement August 4, 2014 Common Council Page 16 with the Board of Education transferring the capital lease agreement in its entirety, including all rights and obligations thereunder from the City to the Board of Education. Resolution No. 102-14 File Name boeresforcapitalleaseforcopiers7 30 14 (Approved) Whereas, the Board of Education has proposed to consolidate its copying service needs from individual contracts to a single enterprise-wide agreement; and Whereas, the Board has researched the alternatives and determined that the best option is a capital lease, with equipment provided by A&A Office Systems, and financing provided by De Lage Landen Public Finance LLC; and Whereas, the financing requires the capital lease be entered into the City of Middletown on behalf of the Board; Whereas, the City previously authorized a capital lease, with sublease and assignment, for a for Phase I of the Board’s needs; and Whereas, a similar capital lease, with sublease and assignment, is proposed for Phase II; NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That Mayor Daniel T. Drew is authorized to sign a capital lease agreement with De Lage Landen Public Finance LLC and a Sublease and Assignment Agreement with the Board, transferring the capital lease agreement in its entirety, including all rights and obligations thereunder, from the City to the Board. Councilman Gerald E. Daley reads and moves for approval authorizing Mayor Drew to sign a capital lease agreement with De Lage Landen Public Finance LLC and a sublease and Assignment Agreement with the Board of Education transferring the capital lease agreement in its entirety, including all rights and obligations thereunder from the City to the Board of Education. Councilman Thomas J. Serra seconds the motion. Councilwoman Kasper states during questions to directors she asked about savings and she has a memo saying the yearly savings is about $55,000 and if the costs were included it would be $90,000 so she will support this. Councilman Giuliano likes the idea of leasing equipment; the one thing that is not necessary is the assignment to the Board of Education. The underlying lease is between the City and it is within the jurisdiction of the Council and what has happened to the Board budget, capital items have been included and raised the minimum requirement threshold and this would have the same result. It could be an internal adjustment. It is a good idea and we might be doing it on the City side. Councilman Gerald E. Daley reads and moves for approval authorizing Mayor Drew to sign a capital lease agreement with De Lage Landen Public Finance LLC and a sublease and Assignment Agreement with the Board of Education transferring the capital lease agreement in its entirety, including all rights and obligations thereunder from the City to the Board of Education. Councilman Thomas J. Serra seconds the motion. The chair calls for the vote. It is 11 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes by no one and 1 absent by Councilman James Streeto. The Chair states the matter carried with 11 affirmative votes, 0 in opposition and 1 absent. 11. Mayor's Appointments. (Approved) Middletown Commission on the Arts and Culture: Appointment of Julia Faraci to June 30, 2017. Councilman Sebastian N. Giuliano reads and moves for approval the August Mayor's Appointments. Councilwoman Mary A. Bartolotta seconds the motion. The chair calls for the vote. It is 11 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes by no one and 1 absent by Councilman James Streeto. The Chair states the matter carried with 11 affirmative votes, 0 in opposition and 1 absent. 12. Contingency Fund Transfers - $900 to Community Miscellaneous Expense The Chair reads the contingency fund transfer for informational purposes. 13. Meeting adjourned. August 4, 2014 Common Council Page 17 Councilman Thomas J. Serra reads and moves for approval adjourning the meeting. Councilman Gerald E. Daley seconds the motion. The chair calls for the vote. It is 11 aye votes by Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Robert P. Santangelo, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilwoman Sandra Russo Driska, Councilman David Bauer; 0 nay votes by no one and 1 absent by Councilman James Streeto. The Chair states the matter carried with 11 affirmative votes, 0 in opposition and 1 absent. The chair declares the meeting adjourned at 8:30 p.m. ATTEST: MARIE O. NORWOOD COUNCIL CLERK