Common Council

SPECIAL MEETING OF THE COMMON COUNCIL MIDDLETOWN CONNECTICUT JANUARY 14, 2016 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 Monday, January 5, 2015 at 6 p.m. Present Deputy Mayor Robert P. Santangelo, Councilman Eugene Nocera, Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilman Gerald E. Daley, Councilman Carl R. Chisem, Councilman Robert Blanchard, Councilman Grady L. Faulkner, Jr., Councilman Sebastian N. Giuliano, Councilman Philip J. Pessina, Councilwoman Linda Salafia and Common Council Clerk Marie O. Norwood. Absent Mayor Daniel T. Drew, Corporation Counsel Daniel B. Ryan, and Councilwoman Deborah A. Kleckowski. 1. Mayor calls meeting to order. The Deputy Mayor calls the meeting to order at 7:40 p.m. and asks Councilman Serra to lead the public in the Pledge of Allegiance. (Pledge of Allegiance) The Call of the meeting is read; the Acting 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 Eleanor Kelsey states what she is saying is important because the watershed and dams were completed in 1939. We haven't had a 200 year flood since the watershed was built and we have never had a 500 year flood and if we spend the $750,000, can you assure me that we won't have a major storm and the dams give. I am at the level of the dam and in 1972, the Army Corps of Engineers said it was faulty. You denied the former owner of the property that is now Tynan Park you should make sure the dams are safe and last for a 500 year flood or a 200 year flood. That is another insurance problem or safety issue. She wants to make sure her money is safe. She thanks the council for allowing her to speak again. 4. Questions to Directors Councilwoman Bartolotta asks for Chief McKenna. She asks about information from Public Safety that you brought to our attention an alternative to the original proposal or working on one. You stated it would be 100% instead of a questionable 75%. Chief McKenna states his opinion after reading the study several times if the Council gave us more time, he didn't like the study because it uses it has the potential of going down 15 decibels. If we have time to reach out to construction companies and the people who did the study was an acoustic company and if we have a construction company who does this around the country, I think we may be able to find a better solution and spend the tax dollars better and have the attorney’s office look at what the firm delivers and get a guaranteed statement in there and not a disclaimer. I have pictures of ideas. We have not reached out to these companies because we are in limbo. The money was given to the Public Works department to do the study. It is your decision and you have the report; I know the citizens need a guarantee like Ms. Kelsey said earlier. Once we put money up for a solution, it should be the only time we put money up. The report did not guarantee anything and I don't want to spend that much money with a possibility to have the noise muffled and we could maybe have a different solution that everyone would be happy with. Councilwoman Bartolotta said you had a conversation with the FBI. Chief McKenna responds when they didn't get money in October, it was then the arms instructor gave us the names of two companies that put up ranges for the federal government across the country. Basically it is a partially enclosed facility that is insulated especially on the east side. We have been in touch with OSHA. A steel frame construction with insulation east and roof and leave it open on the north and south it shouldn't be a problem with ventilation. As far as training, the agreement with the FBI and we can get an January 14, 2016 SPECIAL COMMON COUNCIL MEETING Page 2 enclosed facility and get funds from FBI, we would expedite the research and get back to the Council and you can go with the concept. If it is bonding language and the money needs to be approved, I recommend amending the bond language so we are not committed to the conceptual design in the bond. Councilwoman Bartolotta states that is what we discussed and we are agreeable to. She asks the range has come up about the sniper training and long guns and going outside the facility; does the facility need to be addressed. Chief McKenna states we can do the long arm qualifications with what we currently have and if we limit it to 50 or go out to 100 and statistically gun fights with officers are not beyond 30 yards. It is good practice. Sniper wise we do go beyond the fenced range and they go to where the safety officer is and they put up safety range and done with safe shot. Councilwoman Bartolotta states one of the possibilities to fix it can you still do what you are outlining. Chief McKenna states it depends. He was in a meeting with DEEP and if there is a problem with sniper training, we can go elsewhere. Councilwoman Bartolotta asks about the MOA, who is the official liaison with the City to FBI. Chief responds, he is. Councilwoman Bartolotta asks if there was an official sit-down with the FBI. Chief McKenna states yes; they did it about a year and a half ago. We have had many discussions via email and phone and they clearly understand it is a problem and two fiscal years, they did budget both years $750,000 and they did not get funded. They are budgeted again for our project. They held a community meeting at Westfield Fire Department and started an email list and then sent an email to all the departments we are off limits. Councilwoman Bartolotta appreciates you doing that. She asks the MOA reads is that the liaison meets with the FBI and she asks for another meeting one that addresses the type of training that takes place. Are we agreeing to more than 52 days a year and have we worked out things like machine gun training, long gun training, flash bang training. I am requesting that you discuss and have it only certain times in the year. Chief McKenna states we trained 69 and they did 62. Now they want to train every Friday and Monday and that will double. If you read the MOU, I can only deny when it is in conflict with when we are using the range. It is a 20 year agreement. They are guaranteed every Friday and they will get Mondays unless we are training. Councilwoman Bartolotta states it can be looked at differently; it states we should have a discussion. They understand there is an issue. With the FBI we have a conversation and we will allow certain training on certain days. Chief McKenna states we communicate with the training unit and he doesn't think they would be receptive. The FBI agreement is a problem and it shouldn't be a problem if the noise level goes down. Councilwoman Bartolotta states we don't know that the noise will be resolved and my request is reasonable. Chief McKenna states he can reach out to them. Councilwoman Bartolotta states most of the power is given to the FBI in the MOA. She states the firearms part of the agreement is up for interpretation. That should be part of the discussion. Her understanding is that the type of training being done is not what was going to be done. Chief McKenna clarifies the rounds they were using in 2008, they were using them and the size of weaponry they were in use already, just not the frequency Councilman Faulkner states one concern is the signage. Chief McKenna states he doesn't think so and he can talk to Michiel to see who should be doing that. I would be interested in the maps. Councilman Serra states Public Works and Parks do the signage. Councilman Faulkner states the more interesting is there signs near the shooting range. Chief McKenna states they put out range in use signs and they have signs stating it is a firing range. Other than that, no one goes inside the gated area. The vehicles would be parked outside the gate. Councilman Faulkner was concerned with the general public. Chief McKenna states it is a mile in and private property. They have the fencing of the watershed and then an inner gate at the facility. Councilman Faulkner states the funds will be required. I haven't seen any plans. Chief McKenna states if the money is approved is it available and on hold to bring in another idea. The original bond language had to be used on the concepts from the study and that is what I don't recommend. Councilman Giuliano asks if the $750,000 from the FBI if it is a possibility and what it would cost the city. Chief McKenna states if they come up with the $750,000 wanted to renegotiate the terms to a 30 year agreement. They do want something out of it if they come up with money. They wanted to renegotiate the MOA. Councilman Giuliano asks if there are firms, companies that have this expertise that we should talk to. Chief McKenna states yes TRS was one the FBI gave me with a contact person. If the bond language is amended, he will get a team up on it. Giuliano if we can lift it from this plan the next question is given the size of the project is the building committee needed. Councilman Serra states the first thing being on the Public Safety then all of a sudden the FBI has a solution and it derails everything we have been working on. You did not make Public Safety aware of this and it would have made this go a different way. Chief McKenna states it happened in October when he was called and that there was no money and they gave him a contact. Councilman Serra states the report says a 75% reduction. Chief McKenna responds when it goes 15 decibels it is 75% perceived noise. Councilman Serra states page 10 the berm would make if in full compliance of the noise ordinance. It is disconcerting that we now have another way to go; his colleagues will amend and it will be open ended and hopefully it will be done as soon as possible. Hopefully the amendment comes and this is taken care of post haste Councilman Pessina when you spoke to the Colonel from DEEP, there is a possibility to allow you to use their range. Chief McKenna states he said if we had an issue long term, they have access to a range and they don't get complaints and we could use it. Councilman Pessina states that is the higher caliber. Chief McKenna yes. Councilman Pessina with the suggestion you meet with the FBI, you will have the opportunity to research it and maybe when you have the meeting and January 14, 2016 SPECIAL COMMON COUNCIL MEETING Page 3 explaining that immediacy and the long guns are the noise problem if you can take care of it with the DEEP and maybe send their long guns there. McKenna states there is a difference between the sniper and the DAR. The loudest reading is the DAR. It is AK 47 type weapon and the most utilized weapon besides the pistol. Councilman Daley states you have seen the news about the State Police siting a new range for their use. Chief McKenna states he did have a conversation. Councilman Daley states there is significant controversy about it. The East Haven Range is totally indoors and not used to capacity. You brought home to me when this was first started in the 80's it was pretty much handgun training. One of the concerns in the community is the lead contamination of the water supply and ours is adjacent to the reservoir and has it been looked at. Chief McKenna responds OSHA has been out there to ask them about an indoor facility and the lead and they came out and said it won't be an issue and they didn't say anything to me. Councilman Daley states it might not be an OSHA issue but a DEEP issue. He continues it goes into the berm and it breaks down into the ground. He will support striking the reference about the Acoustic Company and you can explore better solutions. I have a problem with the potential use and doubling it by the FBI is not an acceptable solution if they are not participating in the cost of improvements and his other objection with the status quo, the City taxpayers bearing the full cost. I do agree the MOA gives them the right unless in conflict with your use; the attorney can weigh in. We talked with Brig and he conceded that arguably the right to terminate can be interpreted in a couple of ways and at the very least gives us leverage about the types of training, the volume of use and the cost. Chief McKenna states he will have the discussion. By allowing them to see the concerns, it is the funding issue and get them to kick in in this fiscal year, we can have an indoor facility. Councilman Daley would like to see Middletown pay for less of it. Let's not forget that the agreement gives a lot of rights to the FBI, but we have the right to cancel it. Councilman Nocera states I heard you say about the report and potential to resolve this issue and you see some conflict in the numbers and you are the chief executive and at this time looked at the issue and it has been discussed for four years and your recommendation at this time is to have the ordinance have flexibility so the city can look at the issue to resolve it in a more significant way. Chief McKenna states the report is from Public Works and he was not involved with it. He doesn't understand why it sat so long. Money should be appropriated and have it ready to go but don't rely on the concepts from that particular study. There may be a better solution which could almost guarantee the noise reduction. I don't want calls. If done right, it may be a revenue maker. Give me time and find a company that can solve the problem. Councilwoman Bartolotta asks to speak to the City Attorney, Chris Smedick. She asks him to go over the MOA. Attorney Smedick was asked two questions whether or not the MOU with the FBI designates how often they can use it. The MOA can use it a minimum of 52 days and if they request more and doesn't conflict with the Police department then the department has to grant those extra days. The second question is about the FBI prohibited to bring in other agencies. He states yes; it is only the FBI that is allowed to come out on those days. Councilwoman Bartolotta states that being said and the request with meeting with the FBI about hosting and bringing it back is something we should be requesting because we have every right. She states that this is more beneficial to the FBI because of the $350,000 given to us from the FBI and we are 8 years into a 20 year agreement and most people would prorate the costs but as we discussed they could ask for monies from other areas. Attorney Smedick states two ways to terminate that both parties agree to split. The second is upon 30 days each one can terminate but the language is not clear and says each party would pay the costs to terminate. It can go both ways. If Middletown terminates, the FBI could prorate the $350,000 for the years they didn't get to use it and they could say any money paid excess, they could go after that as well. Councilwoman Bartolotta asks if that includes the equipment installed. Attorney Smedick states anything they would pay to go somewhere else would be in excess and could be a potential liability. Councilwoman Bartolotta asks about amending the bond, removing the company name so we could entertain another process. Can that be done. Attorney Smedick states if the restriction is removed, then it could be done. Councilman Serra states bond counsel as well says that. Councilwoman Bartolotta asks if they can add verbiage that final approval can come back to this council. Once this is put out for research and bidding and it needs to come back can they do that. Councilman Serra states a building construction committee could do that. Attorney Smedick states he can't respond because he has not looked at the building committee ordinance. Councilwoman Bartolotta states if we could do it with the Parks bond, can’t we do it here; Attorney Smedick would still have to check with bond counsel and the building ordinance. Councilman Daley states if we exercise the right to terminate you said we would have to pay their costs and they would have to bring a claim. Attorney Smedick responds that is corrected. Councilman Daley replies we have the right to terminate. Attorney Smedick that is correct. Councilman Daley states it is a right that should give us leverage with the FBI in how they utilize the range, when they do and how often and paying for the improvement costs. It is ambiguous. Attorney Smedick responds that is correct; it is a potential liability. Councilman Pessina states there is a risk of monetary payment because we are 8 years into a 20 year agreement. He doesn't think they will walk away and have to tread on that carefully because of the significant amount of money the government put into the range. January 14, 2016 SPECIAL COMMON COUNCIL MEETING Page 4 Councilwoman Bartolotta states does it have to go through a building committee; Attorney Smedick states he can look at it tomorrow morning. Councilwoman Bartolotta asks the council if this is something that needs to go through the building committee. Council agrees yes; Councilman Serra states it is in the ordinance that the building committee is appointed. Councilwoman Bartolotta states she wanted to have the Council have final approval after the building committee 5. Mayor requests Council Clerk to read the appropriation and bond ordinance request and the Certificate of Director of Finance. Appropriation Notice Bond Ordinance A. AN ORDINANCE APPROPRIATING $750,000 FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS AT THE DINGWALL-HORAN JOINT FIREARMS TRAINING FACILITY AND AUTHORIZING THE ISSUE OF $750,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE January 14, 2016 SPECIAL COMMON COUNCIL MEETING Page 5 ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE (Amended and Approved) Ordinance No. 01-16 File Name Middletown Bond Ordinance - Dingwall-Horan Joint Firearms Training Facility (12_22_15) (2).docx Section 1. The sum of $750,000 is hereby appropriated for the design and construction of improvements as approved by the Common Council to reduce noise at the Dingwall-Horan Joint Firearms Training Facility for all related services, improvements and costs, including, without limitation, surveying, landscape architecture, engineering, architecture, construction, administration, and inspection; and all other costs necessary or appropriate for the project, including a contingency amount necessary to cover unexpected construction costs, project administration, advertising, printing, legal, and financing costs related thereto (hereinafter the “Project”). Section 2. The expected useful life of the Project is in excess of twenty (20) years. The total estimated cost of the Project is $750,000, no portion of which is expected to be paid from sources other than the proposed bond issue; however, part or all of said appropriation may be reduced or increased by state and federal grants or aid thereof. Section 3. To meet said appropriation, $750,000 bonds of the City, or so much thereof as may be th necessary for said purpose, may be issued, maturing not later than the twentieth (20 ) 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 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 January 14, 2016 SPECIAL COMMON COUNCIL MEETING Page 6 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 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 December 31, 2015 CITY OF MIDDLETOWN, CONNECTICUT ANNUAL RECEIPTS FROM TAXATION AND REIMBURSEMENTS ("BASE") Fiscal Year Ended June 30, 2015 121,572,543 BORROWING CAPACITY FOR EACH CLASS 2-1/4 times base for General Purposes 273,538,222 4-1/2 times base for Schools 547,076,444 3-3/4 times base for Sewers 455,897,036 3-1/4 times base for Urban Renewal 395,110,765 3 times base for Unfunded Past Benefit Obligations 364,717,629 MAXIMUM AGGREGATE BORROWING CAPACITY 851,007,801 7 times Base INDEBTEDNESS BONDS AND NOTES: GENERAL PURPOSES 58,252,645 SCHOOLS 13,186,380 SEWERS 5,697,700 URBAN RENEWAL - UNFUNDED PAST BENEFIT OBLIGATIONS - BONDS AND NOTES AUTHORIZED BUT UNISSUED: GENERAL PURPOSES 60,186,270 SCHOOLS 834,000 SEWERS 26,596,730 URBAN RENEWAL - UNFUNDED PAST BENEFIT OBLIGATIONS - CLEAN WATER FUND LOANS: SEWERS 4,826,382 SUB-TOTAL INDEBTEDNESS 169,580,107 LESS FEDERAL AND STATE OF CONNECTICUT BUILDING GRANTS, COMMITMENTS AND RECEIVABLES GENERAL PURPOSE - SCHOOLS - SEWERS - URBAN RENEWAL - TOTAL DEDUCTIONS - NET INDEBTEDNESS 169,580,107 TOTAL DEDUCTIONS BALANCE OF BORROWING CAPACITY FOR EACH CLASS: GENERAL PURPOSE 155,099,307 SCHOOLS 533,056,064 SEWERS 418,776,224 URBAN RENEWAL 395,110,765 UNFUNDED PAST BENEFIT OBLIGATIONS 364,717,629 January 14, 2016 SPECIAL COMMON COUNCIL MEETING Page 7 BALANCE OF MAXIMUM AGGREGATE BORROWING CAPACITY AVAILABLE 681,427,694 Councilman Thomas J. Serra reads and moves for approval AN ORDINANCE APPROPRIATING $750,000 FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS AT THE DINGWALL-HORAN JOINT FIREARMS TRAINING FACILITY AND AUTHORIZING THE ISSUE OF $750,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE, and the bond ordinance through Section 1. Councilman Philip J. Pessina seconds the motion. Motion to Waive the Rules Councilman Daley moves to waive the rules to waive the rest of the reading of the ordinance. Councilman Chisem seconds the motion. The vote is called and it is unanimous to waive the rules with eleven aye votes. Councilwoman Kleckowski is absent. The Acting Chair declares the motion approved. Motion to Amend Councilman Daley moves to amend the bond ordinance, in Section 1 to delete the words “as presented by the Brooks Acoustics Corporation report dated February 17, 2014 and.” In Section 2, add the words: “However, part or all of said appropriation may be reduced by state and federal grants in aid thereof.” Councilman Giuliano seconds the motion. Councilman Serra states that can be exclusive of any grants. He states if inclusive, you subtract. Councilman Daley states that is his intent. Councilman Serra states if a grant could be added to the $750,000. . . Councilman Daley states it would be reduced and it would be inclusive. If the FBI can pay part of it and we need $1 million it means we would have to come back. Councilman Serra states we requested four times that we get some money from the FBI every October. I don't trust they will help us. Councilman Daley states he is leaving the total cost of $750,000 and if we get money from them, I am limiting the $750,000. Councilwoman Salafia states she was with him up until the last statement; if you get $100,00 you are then saying spend $850,000. Councilman Daley responds no; it would reduce the $750,000 by $100,000. Councilman Giuliano states I thought by Councilman Daley using the word may allow flexibility to go either way - to reduce or to enhance the project. You have flexibility the way it is presented. Councilman Pessina states he agrees with Councilman Serra if we have the $750,000 and were to obtain an additional $100,000 should we need it, we should have it and not see the bond reduced. Councilwoman Bartolotta states when she asked the City Attorney adding, this body has the final say, and if we leave it exclusive if it comes back to the body, it would allow us to add or deduct. Is there a way to word this so that her amendment is added and have final approval from this body. Councilman Daley states why lock us in for a minimum of $750,000 and have the Chief look at other solutions which may cost less. If we are going to spend more we should ask the citizens for it so my amendment leaves it flexible; we will pick up the $750,000 but if we get more, we may reduce the amount. If we don't need the $750,000 then grants and federal money should reduce it. Councilwoman Bartolotta states her concern is that all discussion this evening and Public Safety that says there are other avenues that need to be addressed and if they are not addressed then we should have the right to say no to the design. Councilman Serra states if the Chief doesn't do due diligence and it will cost $850,000 where is the other money coming from, I don't think you can use it. It needs to say exclusive of it. If it is inclusive, then you have to say within $750,000. Councilman Daley states that is why he didn't use the exclusive and inclusive. I suggest my amendment be further amended to read however part or all may reduce or increase. Councilman Giuliano states if we get funds from a collateral source, we have the option of reducing our indebtedness or to cover additional expenditures. If we say reduce or increase. Councilman Giuliano as the seconder accepts it. Councilwoman Bartolotta states final approval of the Common Council. Councilman Daley states he doesn't know where it would be added. Motion to Amend Councilman Daley moves to amend the bond ordinance and states Section 1 to read as follows: The sum of $750,000 is hereby appropriated for the design and construction of improvements as approved by the Common Council to reduce noise at the Dingwall-Horan Joint Firearms Training Facility for all related services, improvements and costs, etc. Section 2 would add the following after bond issue; however, part or all of said appropriation may be reduced or increased by federal grants or aid thereof. Councilman Giuliano seconds the motion. The Acting Chair calls the vote by roll call: Councilwoman Bartolotta Aye Councilman Blanchard Aye Councilman Chisem Aye Councilman Daley Aye January 14, 2016 SPECIAL COMMON COUNCIL MEETING Page 8 Councilman Giuliano Aye Councilwoman Faulkner Aye Councilwoman Kleckowski ABSENT Councilman Nocera Aye Councilman Pessina Aye Councilman Salafia Aye Acting Chair Santangelo Aye Councilwoman Serra Aye The Acting Chair declares the amendment approved with eleven aye votes and one absent. Councilman Serra states we authorized this agreement and it is weak on our side. It is our responsibility to take care of this and I am pleased my colleagues see it that way and thanks the Council for going forward with this. We have engaged Allison Dodge, Rosa DeLauro's aide and nothing has happened. We met at Westfield Fire and over 50 people were at the meeting; the consultant didn't speak to any individuals when they did the report. Councilman Faulkner states he wants to see this done quickly and the right people be in the room and involved in this. He reminds the Council what got him was when there was a veteran there when he heard all of this it reminded him of being on the field of battle. We need this taken care of. The chair calls for the vote by roll call. Councilwoman Bartolotta Aye Councilman Blanchard Aye Councilman Chisem Aye Councilman Daley Aye Councilman Giuliano Aye Councilwoman Faulkner Aye Councilwoman Kleckowski ABSENT Councilman Nocera Aye Councilman Pessina Aye Councilman Salafia Aye Acting Chair Santangelo Aye Councilwoman Serra Aye 6. Meeting adjourned. Councilman Thomas J. Serra moves to adjourn the meeting. Councilman Eugene Nocera seconds the motion. The chair calls for the vote. It is 11 aye votes by Councilman Eugene Nocera, Councilman Thomas J. Serra, Councilwoman Mary A. Bartolotta, Councilman Gerald E. Daley, Councilman Robert P. Santangelo, Councilman Carl R. Chisem, Councilman Robert Blanchard, Councilman Grady L. Faulkner, Jr., Councilman Sebastian N. Giuliano, Councilman Philip J. Pessina, Councilwoman Linda Salafia; 0 nay votes and 1 absent by Councilwoman Deborah A. Kleckowski. The Acting Chair declares the meeting adjourned at 9:19 p.m. ATTEST: MARIE O. NORWOOD COMMON COUNCIL CLERK