Common Council

SPECIAL MEETING OF THE COMMON COUNCIL MIDDLETOWN, CONNECTICUT DIRECTORS WORKSHOP JANUARY 2, 2018 at 6:00PM MINUTES The Special Meeting, the Questions to Directors Workshop of the Common Council of the City of Middletown, was held in the Council Chamber of the Municipal Building on Tuesday, January 2, 2018, at 6:00 p.m. Present: Councilman Robert Blanchard (6:25pm) Councilman Eugene Nocera Councilman Carl Chisem Councilman Philip Pessina Councilman Gerald E. Daley (6:35pm) Councilman Linda Salafia Councilman Sebastian Giuliano Councilman Robert Santangelo Councilman Grady L. Faulkner, Jr. (6:25pm) Councilman Thomas J. Serra Councilwoman Deborah Kleckowski Absent: Councilwoman Mary Bartolotta, Mayor Daniel T. Drew, Corporation Counsel Daniel B. Ryan, Also Present: Council Clerk -- Linda S.K. Reed Police Deputy Chief -- Michael Timbro Arts Coordinator -- Stephan Allison Public Works Director -- William Russo Communications Dir. -- Wayne Bartolotta Plan, Cons & Devel. Dir. -- Joseph Samolis Finance Dir. -- Carl Erlacher Recreation Dir. -- Cathy Lefkowitz Fire Department -- Chief Robert Kronenberger Tax Assessor -- Damon Braasch General Counsel -- Brig Smith, Esq. Technology Services Dir. -- Bryan Skowera Deputy General Counsel – Kori Wisneski, Esq. Town Clerk (Acting) -- Tina Ranno Health Director -- Dr. Joseph Havlicek Water & Sewer Dir. (acting) -- Robert Young Library Acting Dir --Brandi Doyle Youth Services Coord. -- Justin Carbonella Parking Dir. -- Geen Thazhampallath, Esq. Members of the Public: 4 1. Deputy Mayor calls meeting to order Acting Chairman, Deputy Mayor Robert Santangelo, calls the meeting to order at 6:05pm and leads the public in the Pledge of Allegiance. The Clerk reads the Call of the Meeting and Deputy Mayor Santangelo declares call a legal call and meeting a legal meeting. Councilman Grady Faulkner arrives at 6:25pm; Councilman Robert Blanchard and Councilman Gerald Daley arrive at 6:25pm.  JANUARY 2, 2018 SPECIAL COMMON COUNCIL MEETING Page 2 2. Questions to Directors Opens Deputy Mayor Santangelo opens the Questions to Directors Workshop at 6:07pm. He calls on Councilman Thomas Serra. Councilman Thomas Serra calls on Finance Director Carl Erlacher, stating that the first issue is the Local 466 contract and the second item is school bonding. Councilman Serra asks Mr. Erlacher if he participated in the contract negotiations with Local 466. Mr. Erlacher replies, yes. Councilman Serra asks Mr. Erlacher if he supports this tentative agreement. Mr. Erlacher replies that he does. Councilman Serra asks Mr. Erlacher, notwithstanding that, if he can state whether or not he agrees with these other item. He asks if believes that, considering this particular contract negotiations, is in the public interest of the City, considering the financial stability of the municipality. Mr. Erlacher states, correct. Councilman Serra asks if it is in the interest and welfare of the employee group with who they negotiated. Mr. Erlacher states, correct. Councilman Serra asks, in consideration of the cost of living, can the City handle this as well. Mr. Erlacher replies, yes. Councilman Serra asks whether or not the City is able to save money and treat employees fairly. Mr. Erlacher replies, yes. Councilman Serra asks, as well, in comparison to other municipalities of similar demographics, this contract is fair and equal. Mr. Erlacher states, not to use the work parity, but yes, it is fair. Councilman Serra states that he wants to be sure that Mr. Erlacher has answered what is in MERA (Municipal Employee Relations Act), which is Connecticut General Statutes Section 7-474, reiterating that Mr. Erlacher has stated that he believe that this contract is fair for the citizens of the City as well as the employees of the City who are members of local 466. Mr. Erlacher states, yes. Deputy Mayor Santangelo asks if anyone else has questions. He recognizes Councilman Serra. Councilman Serra states that he has an additional question: although Local 466 has not yet voted, he asks Mr. Erlacher if it would be to the detriment to the City, the taxpayers, or the employees to postpone this matter to a special meeting in about a week. In other words, he asks if it would be financially detrimental given all of the criteria that have been discussed. Mr. Erlacher sates that he believes that the Council, as a body, should show support for the process as the parties came to an understanding for a fair agreement. He notes that other contracts have been approved by the Council before being ratified by the union, adding that the matter is on the Council docket tonight and that the Council should honor that agreement in good faith to the union. Mr. Erlacher closes stating that he believes that it is a good deal, a fair deal. Councilman Serra states that it is a tentative agreement as noted in the executive summary. He notes that, as discussed at the Finance Committee meeting, what are the savings to the citizens of Middletown while still being fair to the employee group. Mr. Erlacher replies that, as stated in the executive summary, this agreement saves about $1M in this contract while treating everyone fairly. He notes that the COLAs (cost of living adjustments) are very fair. Councilman Serra interjects that the public may not understand unless Mr. Erlacher states this information. Mr. Erlacher adds that they will get retiree benefits which they did not have in the prior agreement. There will be OPEB contribution from salaries of new employees, which should mitigate the future; in short, Mr. Erlacher states that it is a fair deal all around. Councilman Serra asks the Chair if he may continue with the next item. The Chair concurs. Councilman Serra states that he left the next item, regarding the Middle School Building project, on the agenda, which he initiated, as Item 12L.This item involves spending $4M. He asks if everyone received this analysis from bond counsel or was it in his mailbox. Mr. Erlacher states JANUARY 2, 2018 SPECIAL COMMON COUNCIL MEETING Page 3 that the report is in Councilman Serra’s mailbox. The Council Clerk is excused to retrieve that packet from Councilman Serra’s mailbox. Deputy Mayor Santangelo calls on Councilman Eugene Nocera. Councilman Nocera calls on General Counsel Brig Smith, Esq. Councilman Nocera states that Attorney Smith sent an email to Councilmembers this afternoon regarding the Middle School Building project and the Green Street Task Force. He asks Attorney Smith to summarize. Attorney Smith states that there was a communication from outside bond counsel stating that, if the City attempts to do a resolution related to Woodrow Wilson Middle School, authoring the School Building Committee to spend $4M would be in direct conflict with the bond ordinance. He explains that the bond ordinance sets up the appropriation from Counsel and states that the Mayor is authorized to spend. He notes that his email, sent earlier in the day, is similar, but different. He explains that it is the Council’s role to appropriate and the Mayor’s role to spend: Council proposes; Mayor disposes. He adds that a resolution that allows someone other than the Mayor to spend would be ultra vires (beyond anyone’s legal authority) to the Charter. He also notes that the resolution is inconsistent with the bond ordinance, adding that there a well- established body of law in Connecticut that a resolution cannot trump an ordinance. It requires something of equal dignity to undo an ordinance and a resolution cannot do that. Attorney Smith states that his second point in his email involves that Green Street building and the proposed task force. He states that it is unclear. The resolution proposes a committee, but does not define the structure or who will serve on the committee and how they will be appointed. He explains that, as noted in his email, if it is going to be a committee including people outside of the Council, then the mayor makes nominations and the Council makes confirmation; that is, Mayor appoints; Council confirms. He notes that that may or may not be clear in this particular resolution, so the Council needs to be mindful as the appointment process is a mayoral prerogative under the City Charter. Councilman Nocera states that it is his understanding that the proposed resolution is informational only. Attorney Smith states that councilman Nocera has more information than he does. Deputy Mayor Santangelo calls on Councilman Thomas Serra. Councilman Serra asks Finance Director Erlacher to join attorney Smith at the podium. Councilman Serra asks Mr. Erlacher, relative to Item 12L, as discussed, at the initiation of the Council, showing that t the council supports education and has done so for the past 12 years, in particular, to the extent of over 70% of what they ask for in terms of funding every year. He notes that with this referendum, which the Board of Education may not have liked, relative to this particular referendum. The Council put in 56.43% since this Council cannot assume an $83M debt. He reminds the Council that it was agreed that this constituted the maximum amount that could be committed. Councilman Serra states that for the project to be certified, the City will likely need to wait until summer for the commitment letter. Director Erlacher interjects, stating it could be by spring. Councilman Serra adds that the City did not put in the word “exclusive,” meaning that the City cannot not spend the $4M because it would not be reimbursed. It is inclusive so hat, if the City spends $4M, the City is out-of-pocket for $4M. Councilman Serra states that what bond counsel has written, the intent of the referendum and what was put other citizens of Middletown goes against the intent of the accept law by the referendum; thus, we cannot go forward. Councilman Serra states that it was important to have this item on the agenda, which was discussed at the Finance & Government Committee meeting. Councilman Serra explains JANUARY 2, 2018 SPECIAL COMMON COUNCIL MEETING Page 4 that the Council wants Middletown residents to know that this project cannot go forward until we receive the certification from the State committing the 56.43% funding for this project. Councilman Serra reiterates that this is way the item was left on the agenda: to ensure that the public and Board of Education members must know that this Council was entertaining the thought, but cannot move forward. He asks the Council members to vote this resolution down. Councilman Serra states that relative to the Green Street Arts Center, at no time was this right to appoint ever to be taken away from the Mayor. He stresses that the Council will follow the Ordinance, Finance whatever it may be, emphasizing that it is not meant to usurp the authority of the Mayor. He explains that as the sponsor of this resolution, although it will be represented by Councilman Nocera, the lease is up in July 2018 – just seven (7) months from now – and, with time of the essence, that we get on this and decide how we want to proceed as a community. He notes that, having seen Attorney Smith’s email, it appears that the Economic Development Department is doing this. Ordinarily, we examine the situation and the Council makes the determination so he states that he is not sure of what Attorney Smith means by “Economic Development is doing this.” Attorney Smith replies that the Office of Planning, Conservation & Development is preparing an RFP (request for proposal) to see what the use of this building could be, what could be done with it. He notes that he does not want this new group and the administration not be at cross purposes on this item. Councilman Serra states that the community usually gives input to this Council, the direction is decided by the Committees, and the project is carried out by the Mayor. He states that this is backwards. Attorney Smith replies that on the first issue it was a “stop sign” and on this second issue it is a “caution sign,” noting that the left hand needs to know what the right hand is doing. Councilman Serra states that, while this is good, the City does not want the property to fall into disrepair, so the City needs to be prepared and get citizen input as July is now only seven (7) months away, adding that these are the reasons that he sponsored this resolution. He states that he hopes it goes forward, adding that he is not sure what the Director of Economic Development is thinking, but he firmly believes that there needs to be community input to the Economic development Commission and to this Council so there is a clear direction as to how the building should be used. This process will ensure that we hear from the community and know what the City should be doing with that building, noting that this is the spirit of this resolution. Deputy Mayor Santangelo calls on Councilman Sebastian Giuliano. Councilman Giuliano states that he has additional questions for the City Attorney. Councilman Giuliano states that he has read the City Attorney’s email and understands completely the requirements of the Charter; namely, that commissions, committees, and task forces must be created by ordinance. He states that the Council can define membership by categories, which this resolution attempts to do: participation by Council, by the community. The Council can do this, but the Mayor will appoint and the Council will have to approve that membership. Councilman Giuliano states that what we have in front of us does not do that; however, there are standing committees of the Common Council and, given that this is a City building and cannot be disposed of whether by sale or lease with the approval of the Common Council, could existing commissions of the Common Council look into this issue and conduct the hearings and take public input at least to start out. JANUARY 2, 2018 SPECIAL COMMON COUNCIL MEETING Page 5 Attorney Smith replies, yes, they certainly could, adding that a number of committee and commissions come to mind. He states that the point of his email is narrow; that is, regardless of the form that the committee takes, there must be Mayoral nomination and Council confirmation. He notes that there have been instances in the past, prior to his tenure with the City, where there were informal ad hoc groups -- not even committees as under Charter and ordinance, but working groups, task forces, that sort of thing -- that previously existed. How these entities came to be, whether or not there was an ordinance, he admits that he does not know; however, strictly speaking, the Charter says an ordinance for committees and commission. Councilman Giuliano states that in areas where the Mayor is exercising a purely executive function, that does not require the Council, the Mayor can take advice from whomever he chooses. Therefore, the Mayor can set up an advisory group on his own to carry out functions that are exclusively his just as the Common Council can divide itself into committees without an ordinance to carry out its own inherent functions. Councilman Giuliano notes that, in this case, if the Common Council wants to create a subcommittee of the Council to study this issue, it would not require appointment by the Mayor; rather it would simply be the Council taking a certain number of councilmembers to look into an issue. He notes, alternatively, if the Council decides that a standing advisory committee is needed to advise both the executive and legislative branches, then that would be done by ordinance. Councilman Giuliano states that, to move forward on this item, in his opinion, the matter should be referred to the Public Works & Facilities Commission, the Economic Development Commission, and Finance & Government Operations for any financial aspects. He notes that the matter can be referred to these commissions to determine what course of action to take: to keep it in the Council or to create a task force, which this resolution proposes. He states that it would be in the authority of the Council to do so. Attorney Smith replies that he agrees. Councilman Giuliano states, to go back to the other resolution regarding the Middle School Building project, the Common Council can, and has in the past, appropriated funds to do preliminary work on a project. He states that it is something that the Common Council could do; namely, appropriate funds to do preliminary designs to go out to bid. He notes, however, that if the Council does so, then the City would be on the hook for that money exclusively, would we not. Attorney Smith replies that, if he understands the hypothetical, noting that he draws a distinction between an appropriation, which is making an allocation for the money, and an expenditure, which is actually spending the money. He states that, depending on what the appropriation looks like, if expenditure is encumbered because of that, yes, the City would be on the hook for that money. To the point on the bond ordinance, that is the appropriation, noting that one of the conditions that bond counsel said is, “Thou shalt not start spending unless these conditions are met,” which has not happened, and cannot happen, yet. Councilman Giuliano asks that, in accordance with bond counsel’s opinion, the entire expenditure is subject to the bond ordinance, is it not. Attorney Smith replies that he believes so. Councilman Giuliano replies, so the City cannot spend a penny. Attorney Smith replies that is correct. Councilman Giuliano adds, cannot spend until all conditions of the ordinance are satisfied. Attorney Smith replies that bond counsel and in-house counsel both agree. Councilman Giuliano notes that, as Councilman Serra previously stated, this has been brought to the Common Council by people in good faith, who want to get the ball rolling. To make it clear to them, the Council’s hands are tied based on the bond ordinance that the citizens’ passed. Attorney Smith states that is correct. JANUARY 2, 2018 SPECIAL COMMON COUNCIL MEETING Page 6 Deputy Mayor Santangelo calls on Councilman Philip Pessina. Councilman Pessina calls Planning, Conservation, & Development Director Joseph Samolis to the podium. Councilman Pessina states that he has had some preliminary conversation with a member of the citizens’ group, adding that this group has done excellent work with a ground up proposal not top down, which always works better in any community. He states that there are some questions and concerns; namely, will they have the chance as part of the RFP process – will it work similarly to the CDBG grant process -- to present why they think this is the best route. Mr. Samolis replies that the motivation of the Council and the Mayor are the same: to get community input as to what Green Street holds. He explains that the RFP that the Mayor, a few weeks ago, instructed him to draft is really to ask the community what they would like to see at that structure. He states that everyone could propose something to the group that might be developed by one of the commissions, the task force, or the Mayor, whichever is created. He states that what they are striving trying to do is to garner the interest for Green Street, which is already there, and look at what types of ideas the community might have as a whole. From there, evaluate what makes sense for the City for that building. Councilman Pessina asks to clarify his understanding: once the RFPs are in, the PCD office will look at the RFPs, then the Mayor will be looking at it, and then it will go to the Public Works & Facilities Commission. Mr. Samolis replies it has not yet been determined. It would go to a commission or committee review. Councilman Pessina replies that it does need to come to the Public Works Commission, the point being that they need to be sure – whether in front of the RFP process or the Public Works Commission – why they feel so strongly that this is the path that the Council will ultimately follow. Mr. Samolis replies, yes, noting that, at the end of the day, it is information finding mission, what is really needed by the community, what is the community interested in having. He notes that Councilman Faulkner, who sits on the Citizens Advisory Committee (CAC), and Councilwoman Kleckowski have heard from a number of community members at the CAC meetings, adding that it is important to listen to that voice and, as the future of Green Street is deliberated, to take that into consideration. Councilman Pessina replies that this is good information as this is unique, where these citizens have put in a lot effort. While the Council understands that the clock is ticking for July, these citizens have given a plate to work with and they want us to support their ideas, and some other ideas, in a partnership. Councilman Pessina states that this is what makes Middletown special. Deputy Mayor Santangelo calls on Councilman Thomas Serra. Councilman Serra asks Mr. Samolis to explain Williams Street so that we can explain to the community that this is not a “free ride” so to speak. He asks that he speak to the site remediation. Mr. Samolis states that 248 William Street is the former Forest City Cleaners and is now in probate. He states that the owner recently passed away. He explains that the property is one of the longest running dry cleaners in the City, if not in Connecticut. The City is slated to inherit this property one way or another as there are back taxes, which will result in a tax lien. He explains that what is now proposed by the estate to transfer the property to the City. He notes that in tandem with this element, the City went out ahead of time and applied for a DECD brownfield grant, which has been awarded to the City in the amount of $200,000. He notes that acceptance JANUARY 2, 2018 SPECIAL COMMON COUNCIL MEETING Page 7 of this grant is on the Council’s agenda this evening. That $200,000 will go for environmental assessment and possibly some remediation. He explains that in conjunction with that there is a structure on the property, which is in desperate need of removal. It has hazardous materials in the building. The City has received estimates between $300,000 and $600,000 for remediating that building, which means tearing it down. He explains that to try to keep costs low, or not to impose any costs on Middletown residents for this structure, the department looked to Wesley, which has an interest in this property. Wesleyan would like to use the site for parking and would take care of the hazardous material remediation in exchange for a 10-year lease. He concludes that it is a proposed partnership, adding that, one way or another, the City is acquiring this property, which is a brownfield. This proposal keeps costs as minimal to the City as possible. Deputy Mayor Santangelo calls on Councilman Philip Pessina. Councilman Pessina asks what the long-term use of the property might be. Mr. Samolis replies that, hopefully, yes. The plan is to cap the site. The City will be applying for funds for site remediation, actually capping the subsurface material, where the bulk of contaminants would be found. He explains that, after that, the property could be developed for other purposes, but not until all site remediation is completed. Councilman Pessina states (inaudible). Mr. Samolis replies that is correct. He suggests that a grass field or park might be created on this property, but he would not suggest a playscape. It would be capped until subsoil remediation is completed. Councilman Pessina states that the City would not collect any taxes on this property. Mr. Samolis replies that, right now, the City is not receiving any tax revenue; the owners are delinquent, which is why the City would eventually take the property. Deputy Mayor Santangelo calls on Councilman Sebastian Giuliano. Councilman Giuliano states, relative to the Forest City Cleaner property, this site will be used for parking for Wesleyan. He understands that cars are being parked on the street. Mr. Samolis replies that there have been a number of issues, which Parking Director Geen Thazhampallath would be best to address, if needed. There is parking for Wesleyan on High Street and Williams Street. Councilman Giuliano asks if that the arrangement with the university will be somewhat like with the Community Health Center and Liberty Square; that is, when Wesleyan does not have a demand for that parking, it could be public parking. Mr. Samolis replies that he is sure that something could be worked out with Wesleyan. Councilman Giuliano states that this is the way that the City has handled analogous situations in the past. Relative to the funding for remediation, Councilman Giuliano asks what is the expected standard f remediation that is, residential standard, commercial standard. Mr. Samolis replies that it will likely be to a commercial standard. Without going into the site history, before the City takes ownership, the City will apply for one of DCED’s or DEEP’s land transfer act programs, so the City would only be liable for the contamination on this site, not offsite. He notes that, as everyone likely knows, dry cleaning fluid travels, so that is definitely one element that will need to be examined as the assessment is done; namely, to see where the contaminants have gone and to work with State officials as to the proper course of action for site JANUARY 2, 2018 SPECIAL COMMON COUNCIL MEETING Page 8 remediation. He adds, that being said, it is more likely for remediation to get to a commercial standard for site abatement. Councilman Giuliano asks if, like the Remington Rand, the City was held harmless for any further site contamination as long as the City owns the property after remediation. He asks if the City is looking to that same end; that the City will be held harnessless as long as the State approves the remediation plan and is adhered to. In other words, it cannot come back to bite the City. Mr. Samolis replies that is correct as long as the City does not add additional containments to the site. Deputy Mayor Santangelo calls on Councilman Thomas Serra. Councilman Serra asks the recreation director to come to the podium. Councilman Serra asks Director of Recreation & Community service s Cathy Lefkowitz regarding Item 12E the synthetic ice rink and fees. He states that he has one question: how will economically disadvantages citizens and youth be handled to use this facility. Ms. Lefkowitz replies that this s a great question. She states that the Commission did not discuss that issue and did not develop a plan for that element. She asked her staff and learned that they do not have anything set up at Vets Pool. She believes that this issue needs to be looked at holistically so they remain consistent across the various programs. She states that one idea is to go through the schools to be able to have vouchers whether for something good that happens in schools. She adds that the only revenue or income based program in the department is for summer camp. Councilman Serra asks about the summer camp program. Ms. Lefkowitz replies that there are scholarships for people on TANF so there is no charge for summer camp, but not for any other revenue based programs. Councilman Serra states that when he was on the park and Rec Commission there were people who donated to a separate line item to create funding for disadvantaged individuals who needed funding to pay for them to attend the summer camp program. He asks if the department can have a similar program for this activity as well, utilizing the same criteria as the schools Ms. Lefkowitz replies that, sure that can look at different things. She explains that what she is trying to do is to keep things consistent as they develop. She is totally open to developing a process for that to happen. Councilman Serra states that, if this how Councilman Nocera would like this to go, the facility could be up and running in a month or so; however, if that happened, the department needs to have something in place so they are not scrambling around. Deputy Mayor Santangelo calls on Councilman Eugene Nocera. Councilman Nocera states that Ms. Lefkowitz’ s suggestion about the skating rink appeals to him, noting if it can be looked at in tandem, at least for startup, we look for donations to help families who do not have the funds to rent skates. He notes that the plan is hopefully, if all clicks in on st time, hoping to start up in February 1 . It looks like a long winter with some ice skating. Ms. Lefkowitz states that if it does not need Council approval, the Commission will meet before that starts and can develop a plan. Councilman Nocera states that they should definably look at this at their next meeting.  JANUARY 2, 2018 SPECIAL COMMON COUNCIL MEETING Page 9 Deputy Mayor Santangelo asks if there are any further questions. Deputy Mayor Santangelo calls on Councilman Grady Faulkner. Councilman Faulkner asks Ms. Lefkowitz if anyone is using the Green Street community center for youth activities. Ms. Lefkowitz replies that there are some programs that run. It is used heavily during the day into the evening. She states there have been ballet classes, art classes, but not specifically geared toward youth. Councilman Faulkner asks for the hours of operations in the evening. Ms. Lefkowitz replies that during the day it is used 95% by seniors between 8:30am and 4:30pm. She estimates that from 4:30pm to 9:00pm her guess is 30% used by youth and 70% by adult, noting it could be 50-50 depending on the season. Councilman Faulkner asks Ms. Lefkowitz if she is involved in these talks. Ms. Lefkowitz replies that she is not involved in her current capacity. Councilman Faulkner states that her voice should be included. Deputy Mayor Santangelo asks if there are any further questions. There are none. 3. Questions to Directors Closes Councilman Sebastian Giuliano moves to adjourn the meeting at 6:45p.m. Councilman Thomas Serra seconds the motion. The Deputy Mayor calls for the vote. It is unanimous to approve with 11 aye votes. The Deputy Mayor states the matter passes unanimously with 11 affirmative votes. 4. Meeting adjourned The meeting is adjourned at 6:45pm. ATTEST: LINDA S.K. REED, COMMON COUNCIL CLERK K: review/ minutes/ 18 Jan 02 Question to Directors minutes – 2 Jan 2018