Common Council

REGULAR MEETING OF THE COMMON COUNCIL MIDDLETOWN CONNECTICUT DECEMBER 3, 2018 AT 7:00 P.M. DRAFT MINUTES The Regular Meeting of the Common Council of the City of Middletown was held in the Council Chamber of the Municipal Building on Monday, December 3, 2018, at 7:00 p.m. Present: Councilwoman Mary Bartolotta Councilman Sebastian Giuliano Councilman Robert Blanchard Councilman Eugene Nocera Councilman Carl Chisem Councilman Philip Pessina Councilman Gerald E. Daley Councilwoman Linda Salafia Councilman Grady Faulkner, Jr. Councilman Robert Santangelo Absent: Councilwoman Deborah Kleckowski; Councilman Thomas Serra; Mayor Daniel Drew Also Present: Common Council Clerk, Linda S.K. Reed Corporation Counsel, Daniel Ryan, Esq. General Counsel, Brig Smith, Esq. Sargent-at-Arms, Officer Frank DiFanzo Members of the Public: 1 1. Call to Order Pursuant to the Rules of Procedure of the Common Council, Section III (“Decorum of the Presiding Officer and the Council”), Paragraph 8, as adopted on November 17, 2015, in the absence of the Mayor, the Deputy Mayor serves as the presiding officer at the Common Council meeting. Deputy Mayor, Councilman Robert Santangelo calls the meeting to order at 7:00 p.m. and leads those present in the Pledge of Allegiance. The Clerk reads the Call of the Meeting and the Chair declares the call a legal call and meeting a legal meeting. 2. Accept/Amend the Agenda The Chair asks for a motion to accept or amend the agenda. Councilman Sebastian Giuliano moves to accept the agenda. Councilman Philip Pessina seconds the motion. There being no discussion, the Chair calls for a vote. It is approved unanimously with nine (9) aye votes. The motion is approved, The Chair states the matter passes with nine (9) affirmative votes. 3. Deputy Mayor requests motion to approve minutes and to adopt a meeting calendar for 2019 A. Special Meeting (Questions to Directors) of November 5, 2018 at 6:00 p.m. B. Regular Meeting of November 5, 2018 at 7:00 p.m. C. Special Meeting of October 18, 2018 at 6:00 p.m. D. 2019 Common Council Meeting Calendar APPROVED The minutes, having been deposited with the Mayor and Corporation Counsel and copies of the same, having been served on each and every Council member, and the reading of the same, having been dispensed with, the Chair requests a motion to approve the minutes and to adopt a meeting calendar for 2019. Councilman Eugene Nocera moves for approval of the minutes of the Special Meeting (Questions to Directors) of November 5, 2018 at 6:00p.m, the Regular Meeting of November 5, 2018 at 7:00 p.m., and the Special Meeting of October 18, 2018 at 6:00 p.m. and to adopt the meeting calendar for 2019. Councilman Philip Pessina seconds the motion. There being no discussion, the Chair calls for a vote. It is approved with eight (8) aye votes and one (1) abstention (unidentified). The motion is approved. The Chair states that the matter passes with eight (8) affirmative votes.  DECEMBER 3, 2018 REGULAR COMMON COUNCIL MEETING Page 2 NOTE: Following the vote on the motion to approve the minutes and the 2019 meeting calendar as noted above, the Chair divides the question, as voted upon, and asks for motions to approve the minutes of the Regular Meeting of November 5, 2018 at 7:00 P.M., the minutes of the Special Meeting of October 18, 2018 at 6:00 P.M., and the proposed 2019 meeting calendar. B. Regular Meeting of November 5, 2018 at 7:00 p.m. APPROVED The Chair calls for a motion to approve the minutes of the Regular Meeting of November 5, 2018. Councilman Eugene Nocera moves for approval of the minutes of the Regular Meeting of November 5, 2018 at 7:00 p.m. Councilman Sebastian Giuliano seconds the motion. There being no discussion, the Chair calls for a vote. It is unanimously approved with nine (9) aye votes. The motion is approved. The Chair states that the matter passes with nine (9) affirmative votes. C. Special Meeting of October 18, 2018 at 6:00 p.m. POSTPONED The Chair calls for a motion to approve the minutes of the Special Meeting of October 18, 2018 at 6:00 p.m. Councilman Eugene Nocera moves for approval of the minutes of the Special Meeting of October 18, 2018 at 6:00 p.m. Councilman Sebastian Giuliano seconds the motion. The Chair calls on Councilman Gerald Daley. Councilman Daley asks what is being approved, indicating that he has not seen the minutes for the Special Meeting on October 18th. The minutes are not on Granicus. The Council Clerk replies that she believes that they were posted on Granicus and is certain that they have been posted on the City website. Councilman Daley replies that they have not been on Granicus. The Council Clerk replies, stating that the minutes have been posted in the Town Clerk’s Office, reiterates that they are posted on the City website, and believes that they have been posted on Granicus. The Clerk states that there is an extra hardcopy and offers that document to Councilman Daley, if he would like to have it. A Councilmember (unidentified) states that he has the document. The Chair states that he is referring to the minutes of October 18, 2018. The hardcopy is given to Councilman Daley. Councilman Daley states that he is questioning that “if the Council did not get this document, how can they vote to approve.” The Deputy Mayor states that Councilman Daley is raising an issue . . . Councilman Daley interjects, saying that this is . . . he appreciates getting the copy now, but it’s 14 pages. Councilman Robert Blanchard moves to postpone the matter to the next meeting. Councilwoman Linda Salafia seconds the motion. The Chair reiterates that Councilman Blanchard moves that the vote be postponed to the next meeting. Councilman Daley asks if that is a motion. The Chair confirms that it is a motion. Councilwoman Salafia reiterates that she has seconded the motion. Councilman Daley says that’s fine. Councilman Philip Pessina asks if everyone will get another copy thru Granicus. The Chair says that he will ask the Council Clerk, saying, “Madam Clerk.” The Council Clerk replies, “Yes.” The Chair asks Councilman Pessina to repeat his question. The Council Clerk asks if Councilmembers want hard copies. The Chair replies, “Yes.” Councilman Pessina asks if the minutes will also be posted on Granicus. The Council Clerk states that, to the best of her knowledge, the document was posted on Granicus, but does not know what may have happened. Councilman Pessina thanks the Clerk. The Chair states that there is a motion. Councilman Sebastian Giuliano states that his light, asking to speak, is on. The Chair calls on Councilman Giuliano. Councilman Giuliano has a question thru the Chair. He asks if the minutes of the October 18th meeting have been filed with the Town Clerk. The Council Clerk replies, “Yes.” The Chair repeats that the Council Clerk said “yes.” The Council Clerk, reiterates, “Yes, they were filed.” Councilman Giuliano states that, if that is the case, then the law has been complied with, adding that there is no provision in the law that says that minutes need to be attached to Granicus or anything else. The only thing that is required by the Charter and the Freedom of Information Act is that they be field with the Town Clerk and, since he understands that they were filed, there is no violation of anything. Councilman Daley interjects replying, that he not he is not saying that there is a violation of anything, but he doesn’t know how the Councilmembers can vote on something that they have not seen. The Council Clerk reiterates that the minutes are available, posted on the City website. Councilman Pessina interposes, saying that the Council Clerk is going to send the minutes out.  DECEMBER 3, 2018 REGULAR COMMON COUNCIL MEETING Page 3 Councilman Daley interjects, saying, “With all due respect, you know, Councilmembers are supposed to get the information thru Granicus. That’s how we get all of the resolutions, all of the things that we are asked to vote on. That didn’t happen. So that is the only the point I am making.” The Chair states, “So . . . . “ Councilman Daley again interjects, saying that a motion to postpone is an excellent idea. Councilman Giuliano states that there is another point of order: Anyone who was not at that meeting cannot vote on these minutes anyway. Councilman Daley asks where Councilman Giuliano is getting that from. The Chair asserts that Councilman Giuliano can vote. Councilman Daley interjects, repeating “Where are you getting that from? Where does it say that a person who is not here cannot vote on the minutes?” Councilman Giuliano replies that Councilman Daley can vote to accept the minutes, but cannot do anything about it. The Chair remarks that there is a motion to postpone approval of these minute (October 18, 2018 Special Meeting) to the next Council agenda offered by Councilman Blanchard with a second from Councilwoman Salafia. Councilman Blanchard confirms that he made the motion and that Councilwoman Salafia seconded that motion. The Chair calls for a vote. It is unanimously approved with 10 aye votes. The motion is approved. The Chair states that the matter passes with 10 affirmative votes. He reiterates that this item is postponed. Councilman Giuliano interjects to correct the voting record, stating that he is a “nay.” The Chair states that he is retaining the right to vote. Based on this, the motion is approved with nine (9) aye votes and one (1) nay vote (Councilman Giuliano). The motion is approved. Councilwoman Mary Bartolotta makes a point of order, stating that Councilman Daley should not be waiting until the day of the meeting to ask these questions. Councilmembers obviously knew before this meeting started if they haven’t received any information. She asks that each Councilmember double-check before they come to the meeting so that she can follow-up with the Council Clerk if there has been a mistake. Councilmembers should not be waiting until the night of the meeting. Councilman Daley interjects, saying that he asked prior to the vote, noting that he thinks that is appropriate. He continues, saying that he does not know why this item needs to be belabored, adding that the minutes weren’t there and that they should have been there, plain and simple. Councilwoman Bartolotta replies that, had it been reported, a correction could have been made and the minutes could have been added (to Granicus) for Councilman Daley to review. Councilwoman Bartolotta stresses that communication is one of the things that all Councilmembers should be doing and be respectful about, noting that no one needs to wait until the meeting night to do this; however, she understands, which is why she went along with the motion. She asks that, in the future, Councilmembers read their packets ahead of time. Councilman Daley retorts, saying he did read his packet ahead of time and it (the October 18, 2018 Special Meeting minutes) wasn’t there when he received the Call of the Meeting. He continues, saying that he actually checked (Granicus) serval times and it has not been there. Councilwoman Bartolotta responds, saying that Councilman Daley could have simply picked up the phone and called the Council Clerk. Councilman Pessina interjects, asking that the Council move on. The Chair states that they made the motion and it was approved. The minutes will be posted to vote on at the next meeting. 4. Public Hearing on Agenda Items The Chair opens the public hearing at 7:10 P.M. He invites anyone wishing to speak on agenda items Councilman Nocera states that they have not yet approved the 2019 meeting calendar. 3. D. 2019 Common Council Meeting Calendar APPROVED The Chair asks for a separate motion to approve the proposed calendar. Councilman Sebastian Giuliano moves to approve. Councilman Robert Blanchard seconds the motion. There being no discussion, the Chair calls for a vote. It is unanimously approved with nine (9) aye votes. The motion is approved. The Chair states that the matter passes with nine (9) affirmative votes. 4. Public Hearing on Agenda Items The Chair asks if anyone wishes to speak on any agenda items. Hearing and seeing no one, he closes the public hearing at 7:12 P.M.  DECEMBER 3, 2018 REGULAR COMMON COUNCIL MEETING Page 4 5. Public Hearing on Agenda Items Closes The Chair states that hearing and seeing no one, he closes the public hearing at 7:12 P.M. 6. Mayor requests Council Clerk to read appropriation requests and the Certificate of Director of Finance. (Note: There are no requests.) The Council Clerk states that there are no appropriation requests this evening. Corporation Counsel Ryan confirms that there are no appropriation requests. 7. Department, Committee, Commission Reports and Grant Confirmation Approval Councilwoman Mary Bartolotta moves for approval of the Department, Committee, and Commission reports and the proposed Grants. Councilman Robert Santangelo seconds the motion. There being no discussion, the Chair calls for a vote. It is unanimously approved with nine (9) aye votes. The motion is approved. The Chair states that the matter passes with nine (9) affirmative votes. A. City Clerk’s Certificate APPROVED  DECEMBER 3, 2018 REGULAR COMMON COUNCIL MEETING Page 5 B. Monthly Reports -- Finance Department: Transfer Report to November 20, 2018 APPROVED C. Grant Confirmation & Approval – Middletown Board of Education – miscellaneous grants: $5,122,505.34 APPROVED  DECEMBER 3, 2018 REGULAR COMMON COUNCIL MEETING Page 6 8. Payment of all City bills when properly approved Councilwoman Mary Bartolotta moves to pay all bills when properly approved. Councilman Grady Faulkner seconds the motion. There being no discussion, the Chair calls for the vote. The motion is approved unanimously with nine (9) aye votes. The Chair states the matter is approved 9. Resolutions, Ordinances, etc. A. Approving that $7,000 of the Art Support Services Grant (FY2018-2019) be allocated for art projects support as follows: Jordan Dykstra - $1,000; Salt Marsh Opera Company, Inc. -- $3,000; The Buttonwood Tree -- $500; Connecticut Storytelling Center -- $1,500; and New Haven Symphony Orchestra -- $1,000; and that any agency receiving an Arts & Culture Office grant comply with the matching fund ordinance. APPROVED RESOLUTION No. 134-18; K: review /resolution/ Art FY18-19 grants RES 134-18 – 3 Dec 2018 BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That Arts & Culture Office requests that $7,000 of the Art Support Services Grant (FY 18/19) be allocated as follows for arts projects support: Organization Amount Jordan Dykstra $1,000 Salt Marsh Opera Company, Inc. $3,000 The Buttonwood Tree $500 CT Storytelling Center $1,500 New Haven Symphony Orchestra $1,000 TOTAL $7,000 BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That any agency receiving an Arts & Culture Office grant award must comply with the new matching fund ordinance. Fiscal Impact: There is no new fiscal impact; the funds are budgeted for FY18/19. Councilman Robert Blanchard reads the resolution and moves for approval. Councilman Sebastian Giuliano seconds the motion. The Chair calls on Councilman Philip Pessina. Councilman Pessina states that this resolution reports giving $1,000 to the New Haven Symphony Orchestra. He asks if there is a donation to the Middletown Chorale. He asks if they did not apply. The Chair states that, at this moment . . . (inaudible). He states that he and Councilman Giuliano both serve on this Commission. He defers to Councilman Giuliano. ‘ Councilman Giuliano explains that the Middletown Choral did not apply. The New Haven Symphony is part of the Middletown High School symphony project. Councilman Pessina replies that it caught his attention and he does understand why. He wanted to sure that our local Middletown Chorale, if they did not apply, then they don’t get the grant. Councilman Giuliano adds that the Chorale may apply under another section of the grant at a later date. There being no further discussion, the Chair calls for the vote. The motion is approved unanimously with nine (9) aye votes. The Chair states the matter is approved 9-0. B. Approving that, in consideration of the mutual promises and covenants by the several parties to the Interlocal Mutual Aid Agreement Between the City of Middletown, the South Fire District, the Westfield Fire District, the Town of Cromwell, the Middlefield Volunteer Fire Company, Inc., and the Town of Portland, the proposed Agreement is hereby approved; and the Mayor and Fire Chief are authorized to sign and execute the agreement upon review and approval by the Office of the General Counsel as to content and form. APPROVED RESOLUTION No. 135-18; K: review /resolution/ FIRE interlocal agreement RES 135-18 – 3 Dec 2018 WHEREAS, the Middletown Fire Department, the South Fire District, the Westfield Fire District, the Town of Cromwell Fire Department, the Town of Middlefield Fire Department, and the Town of Portland Fire Department have provided mutual aid to each community in the time of need; and WHEREAS, each of the communities listed in the Interlocal Mutual Aid Agreement Between the City of Middletown, the South Fire District, the Westfield Fire District, the Town of Cromwell, the Middlefield Volunteer Fire Company, Inc., and the Town of Portland have expressed a desire to continue with this service; and NOW THEREFORE, in consideration of the mutual promises and covenants by the several parties to the attached Interlocal Mutual Agreement, the proposed Agreement is hereby approved; and the  DECEMBER 3, 2018 REGULAR COMMON COUNCIL MEETING Page 7 Mayor and Fire Chief are authorized to sign and execute the agreement upon review and approval by the Office of the General Counsel as to content and form. Fiscal Impact: The fiscal impact has many variables to calculate accurately but the estimated impact should be approximately $20,000 annually based on mutual aid experience in previous years. Councilman Grady Faulkner reads the resolution and moves for approval. Councilman Philip Pessina seconds the motion. There being no discussion, the Chair calls for the vote. The motion is approved unanimously with nine (9) aye votes. The Chair states the matter is approved 9-0. C. Approving that the 2018-19 CNR Plan, which has a budget of $300,000, be allocated as follows: Police Department: $65,000; Information Technology - $157,700; Public Works - $65,000; and Miscellaneous Departments - $12,300 APPROVED RESOLUTION No. 136-18; K: review/resolution/ FIN 18-19 CNR Plan RES 136-18 – Dec 2018 Whereas, the 2018-19 City of Middletown budget included $300,000 for funding of CNR items; and Whereas, departments have submitted requests, and they have been prioritized based on available funding; and NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: That the 2018-19 CNR Plan be approved as follows: Police Dept. Information Technology Description Amount Description Amount Central communications Battery backups for computer system $ 7,800.00 improvements $ 7,600.00 (2) redundant firewalls $ 16,850.00 Computer Refresh $ 52,600.00 (8) Cad workstations/monitors for dispatch $ 16,850.00 Mile Lane telephone system $ 58,000.00 8000 +/-watt ups for dispatch $ 7,000.00 Vision upgrade $ 32,500.00 (3) semi rugged laptops with cases $ 6,400.00 Vulnerability detection $ 7,000.00 (1) conference room printer $ 2,000.00 Department Total $157,700.00 (3) i7 desktop computers $ 3,000,00 (10) windows 10 pro upgrades software $ 2,000.00 (4) dragon pro dictate and transcribe software $ 1,100.00 (1) surface pro tablet with accessories $ 2,000.00 Department Total $ 65,000.00 Misc. Departments Public Works Department Total $ 12,300.00 (2) Infield power rakes $ 53,700.00 Snowplow attachment $ 5,000.00 Trench compactor $ 6,300.00 Department Total $ 65,000.00 Fiscal Impact: the 2018-19 budget includes $300,000 for CNR purchases. Councilman Carl Chisem reads the resolution and moves for approval. Councilman Sebastian Giuliano seconds the motion. There being no discussion, the Chair calls for the vote. The motion is approved unanimously with nine (9) aye votes. The Chair states the matter is approved 9-0. D. Approving that the dollar amount in the 2017-2018 Board of Education carryover fund be increased from $553,033.55 to $667,783.55 to include the Temporary Emergency Impact Aid for Displaced Students (EIA) grant for services rendered in the 2017-18 school year. APPROVED RESOLUTION No. 137-18; K: review/ resolution/BOE FY17-18 carryover RES 137-18 – 3 Dec 2018 WHEREAS, in June 2018 Middletown Public Schools was notified that it may be eligible for Temporary Emergency Impact Aid for Displaced Students grant (EIA) to be issued by the Connecticut State Department of Education. The grant was submitted in accordance with the RFP; and  DECEMBER 3, 2018 REGULAR COMMON COUNCIL MEETING Page 8 WHEREAS, The EIA program projected Federal support to states to assist with the cost of educating public and non-public students displaced by the Hurricanes Harvey, Irma and Maria or the 2017 California wildfires; and WHEREAS, a 26 page FAQ guidance memo documents process and qualifying expenditures. Funds can only be used for expenses incurred during 2017-2018 school year to provide instructional opportunities for displaced students who enrolled in schools and for expenses the recipient incurred in serving displaced students; and WHEREAS, in October 2018 Middletown Public Schools received and posted the Temporary Emergency Impact Aid for Displaced Students grant (EIA) issued by the Connecticut Department of Education in the amount of $114,750; and WHEREAS, Middletown Public Schools accommodated 21 displaced students in total during the 2017-18 school year with services that ranged from paraprofessional support, to tutoring, special education services, and transport; and WHEREAS, the cost of tutoring for English Language Learners alone exceeds the grant award: 1,664 hours of ELL Teacher tutoring x $69.28 per hour = $115,281; and WHEREAS, at its June 27, 2018 meeting, it was approved by Finance and Government that the BOE could carryover 1% of its total 2017-18 budget or $813,252.23 [Total BOE 2017-18 budget was $81,325,223]. This was subsequently approved by the Common Council at its July 2, 2018 meeting as Resolution No. 96-18; and WHEREAS, The Board of Education needs to correct the dollar amount in the 2017-18 carryover fund amount, increasing it from $553,033.55 to $667,783.55, to include the $114,750 as reimbursed retroactively by the Federal Grant-in-Aid. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: that the dollar amount in the 2017-2018 Board of Education carryover fund be increased from $553,033.55 to $667,783.55 to include the Temporary Emergency Impact Aid for Displaced Students (EIA) grant for services rendered in the 2017-18 school year. FISCAL IMPACT: There is no fiscal impact to the City of Middletown. Councilman Eugene Nocera reads the resolution and moves for approval. Councilman Philip Pessina seconds the motion. Councilman Gerald Daley makes a point of order, stating that it is “displaced” students, not “disabled” students. There being no further discussion, the Chair calls for the vote. The motion is approved unanimously with nine (9) aye votes. The Chair states the matter is approved 9-0. 10. Mayor’s Appointments The Chair offers the following appointments: Middletown School Readiness Council:  Dr. Michael Conner, Superintendent of Schools: appoint as regular member, replacing former Superintendent of Schools, Dr. Patricia Charles  Precious Price: appoint as a regular member, as representative of Middletown Racial Justice Coalition Retirement Board:  Sandra Pasculano (D): appoint as regular member to April 30, 2023, replacing James Reynolds (R) whose term expired on April 30, 2018 Councilman Gerald Daley moves to approve. Councilman Carl Chisem seconds the motion. The Chair calls on Councilman Sebastian Giuliano. Councilman Giuliano states that he takes this opportunity to express his gratitude to Jim Reynolds for all his years of service to the City and to the Retirement Board and to wish him well in his future endeavors. The Chair calls on Councilman Gerald Daley. Councilman Daley states that he echoes Councilman Giuliano’s sentiments. He states that he first got to know Jim Reynolds in 1975 and is a witness to over 40 years of Mr. Reynold’s service to the City. He describes Mr. Reynolds as truly one of the finest individuals, a very humble and hardworking man, a true gentleman, and an expert in his field of municipal finance. The sound conditions of the City’s finances are due to his efforts over many years as Finance Director and as a mentor and counselor to Carl Erlacher, who continues that exemplary service. All are aware that he has had some tragedy in his life, losing his wife, and now not in best health as ages advances. He appreciates the Council taking time to acknowledge this. There being no further discussion, the Chair calls for the vote. The motion is approved unanimously with nine (9) aye votes. The Chair states the matter is approved 9-0.  DECEMBER 3, 2018 REGULAR COMMON COUNCIL MEETING Page 9 Councilwoman Mary Bartolotta asks that the Council wish everyone a happy holiday. The Chair agrees, adding that he would like to do two things. First, the Chair states that, as suggested by Councilwoman Bartolotta, the Council wishes everyone a happy holiday, a safe and a happy holiday and enjoys their family. The Chair subsequently asks his colleagues for a moment of silence to acknowledge the passing of President George H.W. Bush, who served as our nation’s 41st President. 11. Meeting Adjourned The Chair states that he will entertain a motion to adjourn. Councilwoman Mary Bartolotta moves for adjournment. Councilman Sebastian Giuliano seconds the motion. The Chair calls for the vote. It is approved unanimously with nine (9) aye votes. The Chair states the matter passes with 9 affirmative votes. The meeting is adjourned at 7:20 p.m. ATTEST: LINDA S.K. REED, COMMON COUNCIL CLERK K: review/minutes/ 18 December 03 -- regular meeting – 3 December 2018