Common Council

SPECIAL MEETING OF THE COMMON COUNCIL MIDDLETOWN CONNECTICUT OCTOBER 9, 2014 Special Meeting The Special Meeting of the Common Council was held in the Council Chamber of the Municipal Building on Thursday, October 9, 2014 Immediately following the 7 p.m. Community Meeting. Present Mayor Daniel T. Drew and Corporation Counsel Daniel Ryan, Councilwoman Deputy Mayor Robert P. Santangelo, Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilwoman Hope P. Kasper, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman James B. Streeto, Councilman Sebastian N. Giuliano, and Council Clerk Marie Norwood. Absent Councilwoman Sandra Russo Driska, Councilwoman Deborah Kleckowski, and Councilman David Bauer. Also Present Town Clerk Linda Bettencourt and Acting IT Director Eldon Bailey. 1. Mayor calls meeting to order immediately following the 7 p.m. meeting. The Chair calls the meeting to order and asks Town Clerk Linda Bettencourt to lead the meeting with the the Pledge of Allegiance. (Pledge of Allegiance) The Chair declares the call a legal call and the meeting a legal meeting. (Council Clerk Reads the Call of the Meeting and Mayor declares call a legal call and meeting a legal meeting.) 2. Public Hearing Opens The Chair opens the public hearing at 7:03 p.m. 3. Public Hearing Closes. The Chair seeing no members of the public wishing to speak closes the public hearing at 7:03 p.m. 4. Questions to Directors The Chair asks if there are any questions to directors. Hearing none, he asks the Clerk to read the Appropriation and Bon notice and the Certificate of Director of Finance. 5. Mayor requests Council Clerk to bond ordinance request and the Certificate of Director of Finance. A. An Ordinance Appropriating $456,000 For The Acquisition And Implementation Of Various Technology Projects And Authorizing The Issue Of $456,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose (Approved) Councilman Thomas J. Serra reads and moves for approval An Ordinance Appropriating $456,000 For The Acquisition And Implementation Of Various Technology Projects And Authorizing The Issue Of $456,000 Bonds Of The City To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose. He reads section one of the ordinance. Motion to Waive the Reading Councilman Daley moves to waive the reading of the rest of the ordinance; his motion is seconded by Councilman Streeto. The vote is unanimous to waive the rules to waive the reading with nine aye votes By Council Members Serra, Bartolotta, Kasper, Santangelo, Faulkner, October 9, 2014 SPECIAL COMMON COUNCIL MEETING Page 2 Chisem, Daley, Streeto and Giuliano. Three members are absent, Council Members Russo Driska, Kleckowski and Bauer. Councilman Daley seconds the motion. The Chair asks if there is any discussion and recognizes Councilman Giuliano. Councilman Giuliano states he will vote for this but comments on the amount of debt; these are low expenditures and it appears we could have paid for them and this would amount to 2/10ths of a mill. We are taking on the debt for 11 years and debt service goes up. Reducing the debt service lowers the city budget by lowering it without taking out positions or services. We need to take a concerted effort on the debt we are undertaking. This has to be done and this is how my colleagues wanted to take care of it, but we need to keep our eye on this. Hearing no further discussion, the Chair calls for the vote by roll call. Councilwoman Bartolotta Aye Councilman Bauer Absent Councilman Chisem Aye Councilman Daley Aye Councilman Giuliano Aye Councilman Faulkner Aye Councilwoman Kasper Aye Councilwoman Kleckowski Absent Councilwoman Russo Driska Absent Councilman Santangelo Aye Councilman Serra Aye Councilman Streeto Aye The Chair states the matter carried with 9 affirmative votes, 0 in opposition and 3 absent. He thanks the members of the Council for taking this important step. Ordinance No. 13-14 File Name middletownbondordinance-technologyprojects(10_2_14) (Approved) Section 1. The sum of $456,000 is hereby appropriated for the acquisition and implementation of various technology projects set forth below, including, without limitation, all related services, improvements, related equipment and software, installation, equipment warranty, vendor support, training and data management, consultants, testing, and all other costs necessary or appropriate for the project, as well as administrative, advertising, printing, legal, and financing costs related thereto (hereinafter the “Project”). Said appropriation shall be inclusive of state and federal grants in aide thereof.  Acquisition and Installation of the Admins Unified Community $280,000 Software  Replacement of the Public Safety Communications Network $60,000 Microwave System Link  Codification and Uploading of Town Clerk and Vital Records $109,000 Department records  Bonding/Legal Fees $7,000 TOTAL $456,000 Section 2. The expected useful life of the Project is in excess of ten (10) years. The total estimated cost of the Project is $456,000, no portion of which is expected to be paid from sources other than the proposed bond issue. Section 3. To meet said appropriation, $456,000 bonds of the City, or so much thereof as may be th necessary for said purpose, may be issued, maturing not later than the tenth (10 ) year after their date, or such later date as may be allowed by law. The bonds may be issued in one or more series as shall be determined by the Mayor and the City Treasurer, and the amount of bonds of each series to be issued shall be fixed by the Mayor and the City Treasurer. The bonds shall be issued in an amount necessary to meet the City’s share of Project costs determined after considering the estimated amounts of grants in aid of the Project and will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $1,000 or a whole multiple thereof, or, be combined with other bonds of the City and such combined issue shall be in the denomination per aggregate maturity of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the manual or facsimile signatures of the Mayor and the City Treasurer, bear the City seal or a facsimile thereof, be certified by a bank or trust company designated by the Mayor and the City Treasurer, which bank or trust company may October 9, 2014 SPECIAL COMMON COUNCIL MEETING Page 3 be designated the registrar and transfer agent, be payable at a bank or trust company designated by the Mayor and the City Treasurer, and be approved as to their legality by Bond Counsel. The bonds shall bear such rate or rates of interest (whether fixed or floating) as shall be determined by the Mayor and the City Treasurer. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon and paid from property taxation to the extent not paid from other funds available for the payment thereof. The aggregate principal amount of the bonds of each series, the annual installments of principal, maturity dates, prices, redemption provisions, if any, time of issue and sale, and other terms, details and particulars of such bonds, including the terms of any reserve that might be established as authorized herein, shall be determined by the Mayor and the City Treasurer in the best interests of the City and in accordance with the requirements of the General Statutes of Connecticut, as amended. Section 4. Said bonds shall be sold by the Mayor and City Treasurer in a competitive offering or by negotiation, in their discretion. If sold at competitive offering, the bonds shall be at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City, or comparable method. If the bonds are sold by negotiation, the purchase contract shall be approved by the Mayor and City Treasurer. Section 5. The Mayor and the City Treasurer are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of any series of said bonds. Notes evidencing such borrowings shall be signed by the manual or facsimile signatures of the Mayor and the City Treasurer, have the seal of the City or a facsimile thereof affixed, be payable at a bank or trust company designated by the Mayor and the City Treasurer, be certified by a bank or trust company designated by the Mayor and the City Treasurer pursuant to the General Statutes of Connecticut, as amended, and be approved as to their legality by Bond Counsel. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes, as the same may be amended from time to time. The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project. Upon the sale of said bonds the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such temporary borrowings then outstanding or shall be deposited with a bank or trust company in trust for such purpose. Section 6. In connection with the issuance of any bonds or notes authorized herein, the City may exercise any power delegated to municipalities pursuant to Section 7-370b, as may be approved and executed by the Mayor and the City Treasurer, including the authority to enter into agreements moderating interest rate fluctuation, provided any such agreement or exercise of authority shall be approved by the Common Council. Section 7. With respect to the receipt of original issuance premium or bid premium upon the sale of the bonds or notes herein authorized, the Mayor and City Treasurer are authorized, but not required, to apply original issuance premium and bid premium, if applicable, to fund future debt service payments on such bonds or notes or to fund any purpose for which bonds of the City are authorized to be issued, and such application shall reduce the amount of authorized and unissued bonds of the purpose to which the premium was applied, in the amount so applied. Section 8. In order to meet the capital cash flow expenditure needs of the City, the Director of Finance, with notice to and advice from the Mayor and the City Treasurer, is authorized to allocate and reallocate expenditures incurred for the Project to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds or notes to which such expenditures have been allocated shall be deemed to have been issued for such purpose, including the bonds and notes and Project herein authorized. Section 9. The issue of the bonds aforesaid and of all other bonds or notes of the City heretofore authorized but not yet issued, as of the effective date of this Ordinance, would not cause the indebtedness of the City to exceed any debt limit calculated in accordance with law as shown by the “Debt Statement” attached hereto. Section 10. The Mayor is hereby authorized to spend a sum not to exceed the aforesaid appropriation for the purposes set forth herein, and the Mayor is specifically authorized to make, execute and deliver any contract or contracts, and any other documents necessary or convenient to complete the improvements authorized herein and the financing thereof. Section 11. The Mayor, the City Treasurer, the Director of Finance and any other proper City official are each hereby authorized to apply for and accept any available State or Federal grant in aid of the financing of the Project, and to take all action necessary or proper in connection therewith. Section 12. The City hereby expresses its official intent pursuant to 1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid 60 days prior to and after the date of passage of this ordinance in the maximum amount and for the Project with the proceeds October 9, 2014 SPECIAL COMMON COUNCIL MEETING Page 4 of bonds, notes, or other obligations authorized to be issued by the City. Such obligations shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date as the Regulations may authorize. The City hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date. The Director of Finance or his designee is authorized to pay project expenses in accordance herewith pending the issuance of any such reimbursement obligations, and to amend this declaration. Section 13. The Director of Finance is hereby authorized to exercise all powers conferred by Section 3-20e of the general statutes with respect to secondary market disclosure and to provide annual information and notices of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this ordinance. Section 14. This ordinance shall become effective fifteen days after its publication in a newspaper of general circulation in the City pursuant to Section 5 of the City Charter. DEBT STATEMENT June 30, 2014 CITY OF MIDDLETOWN, CONNECTICUT ANNUAL RECEIPTS FROM TAXATION AND REIMBURSEMENTS ("BASE") Fiscal Year Ended June 30, 2013 109,141,805 BORROWING CAPACITY FOR EACH CLASS 2-1/4 times base for General Purposes 245,569,061 4-1/2 times base for Schools 491,138,123 3-3/4 times base for Sewers 409,281,769 3-1/4 times base for Urban Renewal 354,710,866 3 times base for Unfunded Past Benefit Obligations 327,425,415 MAXIMUM AGGREGATE BORROWING CAPACITY 763,992,635 7 times Base INDEBTEDNESS BONDS AND NOTES: GENERAL PURPOSES 41,963,790 SCHOOLS 15,050,260 SEWERS 3,433,285 URBAN RENEWAL - UNFUNDED PAST BENEFIT OBLIGATIONS - BONDS AND NOTES AUTHORIZED BUT UNISSUED: GENERAL PURPOSES 49,362,910 SCHOOLS 2,336,100 SEWERS 47,557,330 URBAN RENEWAL - UNFUNDED PAST BENEFIT OBLIGATIONS - CLEAN WATER FUND LOANS: SEWERS 4,080,089 SUB-TOTAL INDEBTEDNESS 163,783,764 LESS FEDERAL AND STATE OF CONNECTICUT BUILDING GRANTS, COMMITMENTS AND RECEIVABLES GENERAL PURPOSE - SCHOOLS - SEWERS - URBAL RENEWAL ACTIVE/75077.1/MANDREANA/4831325v2 - TOTAL DEDUCTIONS - NET INDEBTEDNESS 163,783,764 TOTAL DEDUCTIONS BALANCE OF BORROWING CAPACITY FOR EACH CLASS: GENERAL PURPOSE 154,242,361 SCHOOLS 473,751,763 SEWERS 354,211,065 URBAL RENEWAL 354,710,866 UNFUNDED PAST BENEFIT OBLIGATIONS 327,425,415 BALANCE OF MAXIMUM AGGREGATE BORROWING CAPACITY AVAILABLE 600,208,871 October 9, 2014 SPECIAL COMMON COUNCIL MEETING Page 5 6. Resolution A. Honoring Larry McHugh (Approved) Councilman Thomas J. Serra states that he and Councilmen Daley and Giuliano will take turns reading the resolution. After Councilman Giuliano’s paragraph, Councilman Serra states before he reads the next, he states both Councilman Daley and Councilman Giuliano think chest pumping should be in here. They continue to read the resolution and Councilman Serra moves the resolution for approval Honoring Larry McHugh. Councilman Gerald E. Daley seconds the motion; Councilman Sebastian N. Giuliano thirds the motion. Councilman Streeto states he would like to see this taken up at the November meeting, when this is broadcast. It bothers him doing this in the dark without broadcasting or having the public present. The Chair states it will be presented to him on October 18. Councilman Streeto responds he would still like the public to know that the Council recognizes the achievements of Mr. McHugh. Councilman Serra states it can go under Committee Reports. Councilman Daley states your comments plays into what I want to comment on. I have known Larry since 1966. One thing I have come to know is despite the fact he gets these awards, he shies away from awards like this. Xavier High School, he can't decline and there is no more fitting honor than to have that field named for him. He is truly a legend at the High School and in many ways put Xavier on the map statewide and nationally. I have been fortunate to work with him for 21 years. Middletown and Connecticut have benefited from the energy, enthusiasm, and creativity of Larry McHugh and he is pleased to be a part of it. Councilman Serra states this will be read on Oct. 18 when the field is dedicated and they will note that everyone endorsed it. My first interaction with Larry was as a senior in high school in 1963 and he started his coaching career and leaned on Waino Fillback, the coach at the high school at the time, to mentor him on strategies. He has interacted with him since then. You don't have to watch your back with Larry because he will tell you in no uncertain terms what he thinks. His respect for Larry is for raising a granddaughter with his wife. That is who he is. I am glad we will do this and thank Marie for doing this and was grateful for doing this so quickly. Councilman Giuliano states it is hard to realize that Larry has been away from Xavier for 30 years. When you walk into that institution, his presence is still felt. He has devoted those years to business, community, and the greater Middletown community at large and we are better for it. A proclamation on a plaque doesn't seem enough but it is the highest recognition this Council can afford anyone. To Larry, his wife and granddaughter, the respect from the Council and city is embodied in this resolution. The Chair states he will proclaim a day in his honor; he is an extraordinary man and leader and a humanist. When you interact, you realize how much he cares for people. I am learning so much from him. Thank you all for your kind words about Larry. The chair calls for the vote. It is 9 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 James B. Streeto, Councilman Sebastian N. Giuliano; 0 nay votes by no one and 3 absent by Councilwoman Sandra Russo Driska, Councilwoman Deborah Kleckowski, Councilman David Bauer. The Chair states the matter carried with 9 affirmative votes, 0 in opposition and 3 absent. Resolution No. 129-14 File Name cc2014lmchughhonor (Approved) WHEREAS, Lawrence D. McHugh will be honored on October 18, 2014 during Xavier’s Homecoming Weekend football game against West Haven when the school dedicates the turf football field at Xavier High School in his honor; during half-time, his 1974 Football Team will th celebrate their 40 anniversary of Xavier’s first State Championship in football; and WHEREAS, in 1960, Larry attended St. Benedict’s College earning an Associate degree in Science; in 1961, he signed with the New York Titans, an American Football League team but was released the following year due to an injury. He enrolled at Southern Connecticut State University and earned his Bachelor of Science as well as 36 credits in graduate school. He began teaching Physical Science at Durham High School and was the Assistance Basketball Coach. In 1963, he was hired to teach Biology, History, Physical Science, Physical Education and Drivers’ Education at Xavier High School. He taught there until 1974; and WHEREAS, Larry was named the Xavier High School Football Coach, a position he held from 1963 to 1983 with an overall record of 160 wins, 38 losses, and 7 ties; his staff of six paid and three volunteer coaches took the 1974 team to the State playoff and won Xavier’s first State Championship; from 1970 through 1983, Xavier High School held the Conference Title, an impressive record for a head coach and his staff and a record that has not been matched; and October 9, 2014 SPECIAL COMMON COUNCIL MEETING Page 6 WHEREAS, in 1983, Larry became the President of the Middlesex County Chamber of Commerce; like his football team, he took this 282 member organization to 2,350 members who employ over 50,000 people; he purchased and renovated the Chamber’s location on Main Street, Middletown, and he currently supervises a staff of seventeen; and WHEREAS, his awards and honors in athletics span his career from 1961 as Captain, All East mention in the Saturday Evening Post, to his induction into the National High School Coaches Hall of Fame in 1999. The naming of the Xavier Football Field adds to the accolades of one of Connecticut’s and Middletown’s renowned football coaches; and WHEREAS, Larry has a number of awards given annually in his name, including the Most Valuable Player given at the Annual Connecticut All Star Game, Most Valuable Defensive Award given at the Connecticut/Rhode Island All Star Game; the Senior Leadership award given at Xavier High School; Most Valuable Football Player given at the Class L State Playoffs; and the NAACP Business Award; and WHEREAS, Larry continues his involvement with education and the youth of Connecticut; he sat on the Board of Trustees for the Connecticut State University through 2009; he was appointed to the University of Connecticut Board of Trustees and is currently its Chair, appointed by Governor Rell and reappointed by Governor Malloy; he received the David C. Knapp Award for Trusteeship by the New England Board of Higher Education; he has received the Superintendent’s Award for Outstanding Support of Public Education in Connecticut; and the Chamber runs a successful Summer Youth Employment Program where students are employed in a wide variety of professional fields to prepare them for the workforce; the Chamber has received the CERC 20 11 and 2012 Celebrate Connecticut award: one for the Youth Jobs Program and the other for its Mentor Program; and WHEREAS, Larry’s involvement with his community, business, local and state governments has earned him numerous awards for being a distinguished citizen, an innovator for economic and community development, and his mentoring on behalf of the young citizens of Connecticut; he has been recognized by the CT General Assembly, Governor O’Neill, Governor Rell, and Governor Malloy, the Diocese of Norwich, Italian/American Civil Rights League, Kennedy Foundation Special Olympics, NAACP, Cross Street African Methodist Episcopal Zion Church, Connecticut Association for Human Services to name a few. The Middlesex Chamber of Commerce has also been honored locally, state-wide, and nationally for its initiatives and innovate work with businesses and the community. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That we congratulate Lawrence D. McHugh on this honor and thank him for his service to his community. Larry has shown what one good citizen can do to help his community grow and thrive; his energy has paved the way to winning football teams, to a nationally recognized and active Chamber of Commerce that continues to grow and add to Middletown’s development, and to this well-deserved acknowledgement for his service as a distinguished citizen. 7. Meeting adjourned. Councilman Thomas J. Serra moves to adjourn the meeting. Councilwoman Hope P. Kasper seconds the motion. The chair calls for the vote. It is 9 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 James B. Streeto, Councilman Sebastian N. Giuliano; 0 nay votes by no one and 3 absent by Councilwoman Sandra Russo Driska, Councilwoman Deborah Kleckowski, Councilman David Bauer. The Chair adjourns the meeting at 7:21 p.m. ATTEST: MARIE O. NORWOOD COMMON COUNCIL CLERK