Common Council

REGULAR MEETING OF THE COMMON COUNCIL MIDDLETOWN CONNECTICUT MARCH 12, 2015 The Special meeting Questions to Directors of the Common Council of the City of Middletown was held in the Council Chamber of the Municipal Building on Thursday, March 12, 2015 at 6:30 p.m. Present Deputy Mayor Robert P. Santangelo, Councilman Thomas J. Serra, Councilwoman Hope P. Kasper, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah Kleckowski, Councilman David Bauer, Councilman James B. Streeto Absent Mayor Daniel T. Drew, Corporation Counsel Daniel B. Ryan, Council Members Mary A. Bartolotta, and Sandra Russo Driska. Also Present Deputy Public Works Director Robert Dobmeier and Deputy General Counsel Kori Wisneski. 1. Mayor calls meeting to order. The Acting Chair calls the meeting to order at 6:30 p.m. and leads the public in the Pledge of Allegiance. The Acting Chair declares the call a legal call and the meeting a legal meeting. 2. Public Hearing Opens The Acting Chair opens public comment at 6:32 p.m. There are no members of the public present. 3. Public Hearing Closes. The Acting chair closes the public comment at 6:33 p.m. 4. Questions to Directors Councilman Giuliano is recognized and asks to address questions to the Deputy Director of Public Works. He asks if this is enough. Mr. Dobmeier states we are in good shape if we don't have any big storms between now and Easter. It should be enough for right now. There is cushion for a medium storm. Councilman Bauer asks the amount is to cover overtime and supplies. Mr. Dobmeier responds it covers vehicle repairs as well. Councilman Bauer states it doesn't include the damage to the roads and the estimate in keeping the roads in good order, he would ask if the department will make some type of estimate of the cost for the storm damage to the roads. Mr. Dobmeier responds they were not currently. It is bad with pot holes for the region. It is not substantially worse than other years. He believes they can handle it. Councilman Bauer states he would like an estimate on the cost to get them in order. Mr. Dobmeier responds he can get that. Councilman Chisem asks about the salt. Mr. Dobmeier states they have a huge barn and they are in pretty good shape and every year we replenish the salt. Councilwoman Kasper asks to speak to Deputy General Counsel Kori Wisneski. She states there is a reason for milestone payments instead of performance bond. She asks what the protection is. Atty. Wisneski responds how it protects the City is on page 4; the vendor has to perform certain things before they even get money. It is done in stages. A performance bond is for construction and there was no market for a performance bond for a contract like this. So we looked at the police contract and the milestone payments was successful with that contract. Councilwoman Kasper asks what happens if they don't complete it. Atty. Wisneski replies someone from each side has to sign off and then it goes to page 5. Councilman Serra states the last paragraph shows what happens with the acceptance. Councilwoman Kasper asks what happens if it is not accepted. Atty. Wisneski replies they will have the opportunity to comply and if they fail twice, we can either continue correction or get out of the contract. Councilman Giuliano asks about the payment schedule, there is a large amount allocated for services. Is it contemplated that line does not get tapped until after everything is done or can it March 12, 2015 SPECIAL COMMON COUNCIL MEETING PAGE 2 be tapped as things go on. Atty. Wisneski responds they have to complete it. Councilman Serra states it is all those with no mistakes. Look at functionality on page 5. 5. Mayor requests Council Clerk to read appropriation request and the Certificate of Director of Finance. Appropriation notice Director of Finance Certification A. Public Work $525,000, Account No. 1000-22000-51360-0226, Winter/Snow Overtime, General Fund. (Approved) Councilman Carl R. Chisem reads and moves for approval Public Work $525,000, Account No. 1000-22000-51360-0226, Winter/Snow Overtime, General Fund. Councilman James B. Streeto seconds the motion. The chair calls for the vote. It is 10 aye votes by Councilman Thomas J. Serra, Councilwoman Hope P. Kasper, Councilman Grady L. Faulkner, Jr., Councilman Carl R. March 12, 2015 SPECIAL COMMON COUNCIL MEETING PAGE 3 Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilman David Bauer, Councilman James B. Streeto; 0 nay votes, and 3 absent by Councilwoman Mary A. Bartolotta, Councilwoman Sandra Russo Driska, and Councilwoman Deborah A. Kleckowski. He states the matter carried with 9 affirmative votes, 0 in opposition and 3 absent. 6. Resolutions, Ordinances, etc. A. Approving authorizing the Mayor to sign an amended agreement with AUC for the shared financial services between the City and the Board of Education for the software management system to include milestone payments in lieu of a performance bond where each phase of the project must be successfully implemented and accepted by both the City and the Board of Education before such payments are made. Resolution No. File Name (Approved) WHEREAS, on October 6, 2014, the Common Council of the City of Middletown passed Resolution 115-14, authorizing the Mayor to sign the Agreement for Shared Services between the City of Middletown and the Board of Education for shared services for financial operations and management; and WHEREAS, the City of Middletown and Board of Education agreed to implement an integrated financial management software system for both parties to use the AUC platform; and WHEREAS, The Common Council had requested a performance bond to be paid incrementally, to ensure the implementation of the new system functions according to the needs of both the City Finance Department and the Board of Education; and WHEREAS, after further review of the contract among all the parties, it was determined that milestone payments based on performance and acceptance of each phase of the system automation would be sufficient rather than requiring a performance bond from the company; and WHEREAS, the contract will be amended to reflect the phases of the project along with the milestone payments associated with each successful implemented and accepted phase. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That Mayor Daniel T. Drew is authorized to sign the amended Agreement with AUC. Councilman Thomas J. Serra reads and moves for approval authorizing the Mayor to sign an amended agreement with AUC for the shared financial services between the City and the Board of Education for the software management system to include milestone payments in lieu of a performance bond where each phase of the project must be successfully implemented and accepted by both the City and the Board of Education before such payments are made. Councilwoman Hope P. Kasper seconds the motion. Councilman Serra states we are doing it this evening; this parallels what we did with the public safety program system at the Police Department that worked well. Noted for the Record Councilwoman Kleckowski enters the meeting at 6:44 p.m. He continues this parallels that and it is to verify the milestones; on the Board side it will be Lynda McPherson and their technology person and here it would be done by Finance and it will only be verified when done to our satisfaction. Councilman Bauer states he is pleased it was brought forward. This kind of oversight is good for a project like this and one of the things that has bothered him his mission creep and this will impose discipline to get to the desired result. Councilman Giuliano states Councilman Bauer said what he wanted to say and he thanks Kori for structuring the contract the way she did and we will not be billed until things begin to work to our satisfaction. That is a good way to approach it. Councilman Serra states the individuals that pushed this forward was Tina Gomes, Brig Smith, Diana Doyle and Kori and they deserve kudos as well. Acting Chair Santangelo compliments Councilman Serra and he came forward and proposed to the company at that time with the idea of milestones and it worked out for us. It helped the company as well to increase their sales. Councilman Serra states the company has confidence in their product and it is a good way to go. Noted for the Record Mayor Daniel Drew enters the chamber at 6:47 p.m. The chair calls for the vote. It is 9 aye votes by Councilman Thomas J. Serra, 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, Councilwoman Deborah A. Kleckowski, Councilman David Bauer; 0 nay votes by no one and 2 March 12, 2015 SPECIAL COMMON COUNCIL MEETING PAGE 4 absent by Councilwoman Mary A. Bartolotta and councilwoman Sandra Russo Driska. The Chair states the matter carried with 10 affirmative votes, 0 in opposition and 2 absent. 7. Meeting adjourned. Councilman Sebastian N. Giuliano moves to adjourn. Councilwoman Hope P. Kasper seconds the motion. The chair calls for the vote. It is 9 aye votes by Councilman Thomas J. Serra, Councilwoman Hope P. Kasper, Councilman Grady L. Faulkner, Jr., Councilman Carl R. Chisem, Councilman Gerald E. Daley, Councilman Sebastian N. Giuliano, Councilwoman Deborah A. Kleckowski, Councilman David Bauer, Councilman James B. Streeto; 1 nay vote by Councilman Bauer, and 2 absent by Councilwoman Mary A. Bartolotta and Councilwoman Sandra Russo Driska. The Chair states the matter carried with 9 affirmative votes and 1 in opposition. Council Members Bartolotta and Russo Driska are absent. The Acting Chair declares the meeting adjourned at 6:48 p.m. ATTEST: MARIE O. NORWOOD COMMON COUNCIL CLERK