Common Council

SPECIAL MEETING OF THE COMMON COUNCIL MIDDLETOWN CONNECTICUT QUESTIONS TO DIRECTORS AUGUST 6, 2018 6:00 p.m. 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 Monday, August 6, 2018, at 6:00 p.m. Present: Councilwoman Mary Bartolotta Councilwoman Deborah Kleckowski Councilman Carl Chisem Councilman Eugene Nocera Councilman Gerald Daley (arrived 6:05pm) Councilman Philip Pessina Councilman Sebastian Giuliano Councilwoman Linda Salafia Councilman Grady Faulkner, Jr. (arrived 6:20pm) Councilman Robert Santangelo Absent: Councilman Robert Blanchard; Councilman Thomas Serra; Corporation Counsel Daniel Ryan, Esq. Also Present: Council Clerk – Linda S.K. Reed Library – Brandi Doyle Arts Coordinator - Keisha Michael Planning Cons. & Dev. Dir – Joseph Samolis Communications _ Wayne Bartolotta Police – Chief William McKenna Equal Opp. & Diversity – Faith Jackson Public Works Dep.Dir.- Christopher Holden, P.E. Fire Department -- Chief Robert Kronenberger Tax Assessor – Damon Braasch General Counsel -- Brig Smith, Esq. Acting City/Town Clerk – Ashley Flynn Health – Dr. Joseph Havlicek, M.D. Water & Sewer Dir – Joseph Fazzino Members of the Public: 3 1. Call to Order Acting Chairman, Deputy Mayor Robert Santangelo, calls the meeting to order at 6:01 p.m. and leads the public in the Pledge of Allegiance. The Clerk reads the Call of the Meeting and Deputy Mayor Santangelo declares the call a legal call and the meeting a legal meeting. 2. Questions to Directors Opens The Chair calls on Councilwoman Deborah Kleckowski. Councilwoman Kleckowski calls on Human Resources Director Justin Richardson. She states that she knows what they spoke about beforehand, but she asks if Mr. Richardson would explain what he is bringing forward, why now, any impact it may have on the employee currently in that position. Director Richardson replies that they are bringing forward a revision to a position called Custodian/Program Aide, which is located in the Recreation & Community Services Department. The proposed revisions are: (1) to the minimum training experience section. He explains that the position currently requires a CDL Class B and also includes an F&P endorsement. The job description was out of date, not having actually been updated in a while. The revision in 2013 was only for the department name, but nothing substantively. For an individual going for that psiton, they would need the licences and endorsements needed to run the senior buses, which is part of their responsibility. It is part of the Federal guidelines to have these endorsements, so we are making the job description up to date and in compliance. We have also allowed . . . the position used to require that the individual placed in to the role able to get the CDL license within three (3) months. Because of the F&P endorsements, we wanted to push that back to six (6) months to give the opportunity to an employee, a reasonable time to acquire. The only other edit that we are doing is the work is being performed under the Manager of Senior Services, which is a change from the Director of Recreation. He notes that this was a problem when the job description was redone in 2013. He spoke with the Director currently and learned that his has been the reporting structure for the past five (5) years. He also spoke with the Director of Equal Opportunity and charts also show this alignment. There is no one currently in this position, so there is no impact to any employee. Councilwoman Kleckowski asks if the position is being posted. AUGUST 6, 2018 SPECIAL COMMON COUNCIL MEETING – QUESTIONS TO DIRECTORS Page 2 Director Richardson replies that, once these changes are in effect, it will be posted internally to the union, adding that, hopefully, some internal candidates will be able to go for this promotional opportunity with these new revisions. Councilwoman Kleckowski states that she has two (2) more questions. First, she asks why this item was not on the General Counsel Commission agenda, which is Thursday. She states that she did receive his email about this position being open, including that somebody was there and someone else was on leave. She asks why it was not done previously, noting that one of her pet peeves is that we don’t do this in a timely manner, or, more importantly, when people leave. ] Director Richardson replies that he position had been occupied until June, noting that employee was on paid administrative leave, pending an investigation. Once that person vacated the positon, we began the recruitment process. When he was about to post the position, he realized that it was out of compliance with the law. We did not want to have an employee go for the position and then not be able to up to meet the requirements, adding that they did not want to set somebody up to fail essentially. The position has only been vacant since June and the Department needs the position for backup and programs, so they wanted to get employee in there to speed operations. The Chair calls on Councilman Philip Pessina. Councilman Pessina replies, no. The Chair calls on Councilman Eugene Nocera. Councilman Nocera replies, no. The Chair calls on Councilman Sebastian Giuliano. Councilman Giuliano calls for the Director of Planning, Conservation, & Development. The Chair interjects and apologizes, stating that Councilwoman Mary Bartolotta has a question for Director Richardson. Councilman Giuliano yields to Councilwoman Bartolotta. Councilwoman Bartolotta asks Director Richardson if the union is on board with all the changes. Director Richardson replies that the union is on board with all of the changes to this job description., He states that one member of union is upset with structural changes, but since it is not a subject of bargaining, but a management right as to whom this position reports. The changes have no impact to the bargaining unit; they only help employees promote and actually get the job. Councilwoman Bartolotta states, when you say that the union is in agreement, you worked with the President and Vice-President, correct. Director Richardson replies, President and Vice-President, correct. Councilwoman Bartolotta states that she understands this to mean that it is another who is not in favor of this change. Director Richardson replies that the President of the union has voiced an opinion that they are against the change in how it is managed – who it reports to – that’s it. He was told that the union still voted in favor of the changes. Councilwoman Bartolotta asks if there was an actual vote taken by the union. Director Richardson replies that is what he was told. The Chair calls on Councilman Sebastian Giuliano. Councilman Giuliano calls on the Director of Planning, Conservation, & Development. Joseph Samolis. Councilman Giuliano states that, as Director Samolis knows, there is a resolution rescinding the transfer of funding for the suggested sign at Harbor Park. He asks Director Samolis to clear something up for him. He notes that he understands that there was a notice published twice in the paper for a variance for that sign, the legal notice sign was posted on property, and the item was actually on the agenda, but there was never any application. Councilman Giuliano asks if this is correct. ' Director Samolis replies that is correct. Councilman Giuliano asks how does something like that happen. AUGUST 6, 2018 SPECIAL COMMON COUNCIL MEETING – QUESTIONS TO DIRECTORS Page 3 Director Samolis replies that it was actually administered through his department, adding that the placeholder was put in place in anticipation of the approval for the financial aspect of the sign. In reality, he conceded that there should have been a signed application. Councilman Giuliano asks Director Samolis if he understands that this action put the entire Council in the positon of looking like the Council was taking sides in something that had not been resolved in the executive branch. He adds that subsequent statement out of the Mayor’s Office was that the Mayor wasn’t even in favor of it. Councilman Giuliano reiterates that it placed the Council in the middle of the argument and that the Council shouldn’t be in the middle of this. Director Samolis states that he will clarify this: the Mayor was aware that a sign was being looked at and developed for the replacement sign at the Canoe Club. He explains that the variance would have been required for the digital aspect of the sign, so, regardless of whether there is a digital aspect of the sign or not, the sign will have to be replaced at the Canoe Club. The Mayor is in favor of this. The financial aspect of that sign would have had to have been approved by the commission if it were to get that variance for the digital aspect. He states that he understands Councilman Giuliano’s concern and respects that concern. Councilman Giuliano states that, going forward, before bringing something to Council, can you make sure that it has all been sorted out. He states that he would actually prefer, if something requires Planning & Zoning Commission (PZC) or Zoning Board of Appeals (ZBA) approval from now on be set that it is all sorted out before coming to the Council; ask before you come to Council for the money; also raised that when the Council appropriates funds, quite often, PZC or ZBA takes this as the Council is in favor of the proposed when, in fact, we may not. The Council is only responding and putting up the money, as the executive branch is asking us to do. Director Samolis replies that, if the Council does not put the money up, then the project does not go forward. There are areas where the commission or the Council has the ability to put up the funds according to State statute – for 8-24 specifically – where the Council could take that fiduciary role – responsibility – and determine whether or not this project should get funded, moving forward. That is essentially what happened here Councilman Giuliano states that, what he is concerns about is that, if members of the Planning & Zoning Commission – noting that is who he heard from -- think that the Council, by taking action, is putting its thumb on the scale. That is certainly not a message that the council wants to send; rather, they need to be able to do their jobs independently of the Council, adding that they are elected independently of the Council and they need to be able to exercise their prerogatives under their own enabling acts without being pushed one way or another by the Council, Director Samolis replies that he does not disagree with Councilman Giuliano; however, he will rebut this. They are separately elected; they have their roles and responsibilities according to State statute as well as under the Middletown Planning & Zoning Regulations. They are aware that they a separate body. They should not be influenced by anything that happens here with the Council. They do take a look at things to be sure it complies with the Plan of Conservation & Development and the zoning regulations. If they don’t, then they don’t necessarily have to approve. That sign would have required an 8-24. If they didn’t think it complied with the Plan of Conservation & Development, they could have voted to give it an unfavorable report, which would have brought it back to this legislative body for further review. There are statutory processes. I respect what you are saying, but there are separate bodies and they have separate roles and they do go through processes. Councilman Giuliano replies that, on an 8-24, they have come before Counicl and, while he cannot speak for everybody on the Council, he, once again, tends not want to ovcerride the Planning & Zoning Commission unless he is convinced that they made an absolute error. Other than that, he did not hear the evidence; he did not have the speakers in front of him; he didn’t have the plans. Simply coming to a conclusion that he might prefer, just because he might prefer it, he does not believe is a proper exercise of his authority in an 8-24 proceeding. He adds that what he says is not binding on the entire Council, noting that others may have different ideas. Director Samolis replies that he doesn’t necessarily disagree with Councilman Giuliano, but, in this case, when the Economic Development Commission wanted it brought forward, they brought it forward under the ideas that it still needed all those other approvals. Councilman Giuliano replies that the Council knew that, but we also thought that the executive branch was fully behind what the Council was told; that is, the animated sign needed a variance and that it would cost $80K so they needed a $60K contribution to do this. He adds that, almost immediately after, that meeting, the Council learns that is not the case. Director Samolis replies, “Understood.” Councilman Giuliano states that the Council does not want to see this situation repeated. Director Samolis replies that he will be sure moving forward. The Chair calls on Councilman Philip Pessina. AUGUST 6, 2018 SPECIAL COMMON COUNCIL MEETING – QUESTIONS TO DIRECTORS Page 4 Councilman Pessina calls for Recreation & Community Services Director Kathy Lefkowitz. Councilman Pessina states that the Council has heard from Human Resources, but wants to hear from her, as the Director -- her concerns, her support -- for purposes of the Council’s edification, how she envisions the position and changes. Director Lefkowitz replies that the proposed changes are merely clarifications. It is how the job has been functioning for the past five (5) years, adding that the edits are not substantive changes, but clarifications that the Program Aide/Custodian has been reporting to the Manager of Senior Service, adding, as Director Richardson explained, the endorsements are a legality, they are required to have the, She reiterates that the changes are clarifications for applicants, not substantive changes. As the job description shows, it is Program Aide/ Custodian. The program Aide is doing all duties related to the senior side so it makes the most sense to report to the Manager of Senior Services, who is also responsible for daily functions of the building. Councilman Pessina asks Director Lefkowitz if, as the Director, she was part of the conversations with the Human Resources and the union, sitting at the same table. Director Lefkowitz replies that she was not directly part of those conversation, but she was in conversation with Human Resources and consulted Director Richardson throughout the process, just not directly part of negotiations with the union. Councilman Pessina asks Director Lefkowitz if Director Richardson apprised her of everything. Director Lefkowitz replies, absolutely. The Chair asks if any other Councilmember has questions. The Chair calls on Councilman Eugene Nocera. Councilman Nocera calls Public Works Deputy Director Christopher Holden. He asks Deputy Director Holden to update the Council on the collapsed wall at Harbor Park, adding that we are looking to hire a consultant to begin to look at the problem. He asks how critical, in terms of timeline, the Council can move to rectify, or move to rectify, this problem. Deputy Director Holden explains that, about a month ago, the first piece – a 35 foot long section of the wall – fell in. He recounts that this damage was discovered on a Thursday morning, having gone out there – riverside – to review the wall. At that time, he contacted several different companies, who are experts in this area, and he was able to get in touch with Milone & MacBroom. That company came out and did a very preliminary review. We have done movement monitoring to be sure it has not moved further in, causing other concerns. We have contacted the numerous agencies that have been involved. We have contacted the Coast Guard and they are not too concerned because the blocks are not blocking the channel. We have contacted the Harbor Master, who set up caution buoys so no one could get too close and have the wall, possibly, fall on the We also fenced off area to make it secure. He adds that there was another section that fell into river, so now up to about an 80 foot section of wall that has fallen into the river. He explains that there is no immediate danger at this point, adding that they have started the preliminary evaluation of the Portland block, brownstone block area to be sure there is no other movement , which could be a catastrophic failure, further into the park. Councilman Nocera asks if the torrential rain over the weekend had any impact or did it hold up. Deputy Director Holden replies that he was just out there before this meeting and it appears to be in a similar condition as it was last week. The Chair calls on Councilman Philip Pessina. Councilman Pessina asks if they have checked the distances from Route 9, asking of has it increased that way, towards Route 9, reminding everyone that there was discussion in committee. He asks if the State Department of Transportation (Conn DOT) has been involved. Deputy Director Holden replies that they have contacted Conn DOT, adding that they have not been involved at this point. Based on a preliminary evaluation of soils and depth of the river, even if the wall collapsed and the soil eroded to its natural angle, it still would not impact the highway. He explains that they been in touch with the Army Corps of Engineers and a similar project, The Wellfield, where they did what is called a Section 14 remediation -- streambank stabilization – and that is what is being pursued right now. They have also been in contact with the Planning Chief in Concord MA, working within them to get on their next funding cycle, which will be in October. In that case, he believes that it will be a 65% Army Corps/ 35% City funding, which would be reimbursed. He explains that the Corps runs the project. He explains that we are trying to do our due diligence to make sure nothing is critically wrong that would cause a catastrophic failure and work with the Army Corps to get remediation with Federal funding. Councilman Pessina asks, once Deputy Director Holden meets with the Army Corps with the separation of costs, which he understand will be minimal to the City on this project, he asks for an update via email after they meet to share that information for the Council as well as the public. The Chair calls on Councilman Sebastian Giuliano. AUGUST 6, 2018 SPECIAL COMMON COUNCIL MEETING – QUESTIONS TO DIRECTORS Page 5 Councilman Giuliano state that he knows that river is navigable waterway, so the Army Corps has jurisdiction over it. He states that what we all want to know is whose dime will pay to repair this wall. He asks if the cost will all fall on the City. He asks if there are any indications that the City will get contributions from either the Federal government or the State or a combination of the two. He remarks that the wall is about 200 years old, but the highway is sitting on top of it is not. He suspects that this may have something to do with the way things have developed, adding that, even if it did not, if that highway collapses, it’s a State highway that is in jeopardy. He thinks that the State has an interest – a fiscal interest – in doing that work. He asks if there is any indication from the State or are they just keeping mum. Deputy Director Holden replies that nothing from Conn DOT or the State, but Federal funding, yes, they are indicating that it does seem to meet the program requirements that the Water Department went through some years ago when they went through streambank stabilization project. Further investigation will be needed to determine if the highway had any impact on the wall or the exact cause of this failure, which will be determined in the future investigations. Councilman Giuliano replies that whether or not the highway impacted it, if the wall fails, then the highway will be in jeopardy, adding that may fix the traffic light problem all by itself. He believes that the State should be very interested in what’s going on with that wall. The Chair calls on Councilman Eugene Nocera. Councilman Nocera asks, looking into crystal ball, these things can take a long time to get a plan with so many players. He asks if we can move into winter with nothing done here. Deputy Director Holden replies that this is, in fact, part of the $6K to be used to determine if something immediate needs to be done – a temporary solution -- before we come up with full, Army Corps supported remediation of that wall. The Chair calls on Fire Chief & Director of Emergency Management Robert Kronenberger. Councilman Santangelo notes that the agenda includes a generator for Mile Lane he asks for a quick project update. Chief Kronenberger replies that, with appropriation granted a couple of months ago, we have already opened, or are in the process of opening, the purchase orders for the City’s Emergency Operation Center (EOC). He explains that we cannot have an Emergency Operations Center unless we have backup power, which is a critical component to this overall project. We can put everything in place should we have a sizeable storm that would knock out power in that area, then we would not be able to function. This generator is a key component to this project. Councilman Santangelo asks the status of the rest of the project. Chief Kronenberger replies that the building has been buttoned up: the roof has been repaired; there has been complete mold abatement, cleaning of entire facility; duct work has been cleaned and sanitized. He recounts that about a years ago, there was serious vandalism with all HVAC equipment stolen, which was blessing in disguise since it was covered by insurance. The HVAC equipment is new. The boiler system needs some TLC and can hopefully be funded at a future time. The building is now functions Emergency Management hosted its first class there and it worked out well. Going forward, since the water project is completed, we will have the luxury of parking. As far as the operation center, it will be functional late fall, October/ November. Councilman Santangelo expresses thanks for meeting the goal. The Chair calls on Councilman Pessina. Councilman Pessina calls on Communications Director Wayne Bartolotta. He states, as he has over the past couple of months, please update on status of overtime and dispatchers. Director Bartolotta states he can give a brief update, adding, with advance notice, he would also have numbers. He states that there are two (2) dispatchers in training. One stated in April and the other in July. One has finished the “call taking” phase. The other, who started in July, has some experience so he in the call taking phase, adding that they are putting his thru the different phases of the operation, moving on to Fire dispatch and Police dispatch. Councilman Pessina asks about overtime costs. Director Bartolotta replies that it is high, noting that it is summertime. We are down people so it is high. Councilman Pessina replies that he says it is high and it is summertime, but you have not addressed the operative question: what are you doing about it and why is the midnight shift shortened and why is there an enormous amount of overtime, almost weekly. Director Bartolotta remarks it is good to see that Councilman Pessina is in communications with the members of his department, but not him. He continues saying, if Councilman Pessina had called him, he would have AUGUST 6, 2018 SPECIAL COMMON COUNCIL MEETING – QUESTIONS TO DIRECTORS Page 6 given him the numbers and the exact reason why it occurred. He continues saying, he will tell them why: it’s difficult to get people to work certain shifts. The easiest shift, believe it or not, to get people to work on an overtime basis is the midnight shift. If he has to hire for other shifts, many don’t want it, so he has to hire a cop, which costs more. That’s why. Councilman Pessina asks about the minimums, the minimum number of dispatchers. Director Bartolotta replies that he keeps a minimum of four (4) people on duty. Councilman Pessina asks if that includes the midnight shift. Director Bartolotta replies all shifts. Councilman Pessina asks if it has been shortened. Director Bartolotta reiterates that there are four (4) people on duty all the time. Councilman Pessina states that the information that he is receiving from the dispatchers is that they are getting burnt out. Director Bartolotta replies that we are going down a road here like many years ago when he was Fire Chief. He states that, to be honest, it’s better to come and see me for information. Dispatchers definitely have a different opinion than I do; however, the long and short of it is that they are not in change. He is. He adds that there is reason why he does things and gets asked questions by people and he tells them, adding that is the best he can tell the Council. Councilman Pessina askes what will be done about the overtime costs, adding that there is a lot of overtime and a lot of money being expended. He states that, if any other department comes before Council with the amount of overtime that Director Bartolotta is expending, what does this say about the director. He asks how can you change that. He recounts that he was an assistant director of a department and had to move people to keep costs down, noting it the taxpayers’ dollars. Director Bartolotta replies that he agrees. Councilman Pessina states that Director Bartolotta should not take the attitude that it is “the season,” adding that he wants a plan. He offers to schedule a meeting with Director Bartolotta that he wants a plan. Director Bartolotta asks if he wants dispatchers there, too. Councilman Pessina states that he does not care. Director Bartolotta states that it more of a cost to bring in the police officer on the shifts that he cannot get dispatchers to work, adding that is why the midnight shift was shorted. He adds that he want to make this perfectly clear: they are not happy, the people who don’t want to work overtime on the midnight shift. Director Bartolotta states that these are the people coming to Councilman Pessina telling him what he wants to hear. Councilman Pessina replies that it’s not “what he wants to hear” since he wants to hear the truth. Director Bartolotta states that he is telling the truth. Councilman Pessina states that they will have a meeting and just to expect, every month, he is looking forward to receiving some information for the Council to be aware so when it comes time when budgets are being put together, the Council understands the amount of money that is being expended on over time. Director Bartolotta replies that Councilman Pessina mentioned being an assistant director in another department, adding that then he knows that there are reasons why an organization takes steps that look different from the outside, he states the he knows it was done in the Police Department. Councilman Pessina replies, yes, to save money and to keep overtime costs down. He remarks that he is not going to get into a debate here. The Chair interjects, saying the he wants to remind everybody, asking if this item is in the agenda. Councilman Pessina replies that every month he wants to know -- we want to know . . . The Chair interjects, saying that this item is not on the agenda. Director Bartolotta interjects, saying no it is not. The Chair states that that this meeting is only to discuss with Directors – adding that he is reminding everybody – this meeting is only to discuss with Directors items on the agenda. He states that he is ending this conversation now. He instructs Director Bartolotta to take his seat, reiterating that it is not on the agenda and will not be discussed. Councilman Pessina remarks that ne begs to differ; it is fiduciary responsibility. The Chair interjects, saying (inaudible). Councilman Giuliano states, as a point of information, that other items not on the agenda can be discussed at this meeting of the director has been given advance notice that a Councilmember wants to discuss something not on the agenda. The Chair states that the item is not on the agenda, it seems that the Director was not given advance notice, and we cannot do that.  AUGUST 6, 2018 SPECIAL COMMON COUNCIL MEETING – QUESTIONS TO DIRECTORS Page 7 3. Questions to Directors Closes The Deputy Mayor states that, there being no further questions, the Questions to Directors session is closed. 4. Meeting adjourned Councilman Mary Bartolotta moves to adjourn. Councilman Sebastian Giuliano seconds the motion. The Chair calls for the vote. It is unanimously approved with 10 aye votes. The Chair states the motion passes unanimously. The meeting is adjourned at 6:35 p.m. ATTEST: LINDA S.K. REED, COMMON COUNCIL CLERK K: review/ minutes – 18 Aug 06 – questions to directors – 6 August 2018