Common Council

SPECIAL MEETING OF THE COMMON COUNCIL MIDDLETOWN CONNECTICUT WEDNESDAY, SEPTEMBER 2, 2020 7:00 PM The Special Meeting of the Common Council of the City of Middletown was held remotely via WebEx and livestreamed on the City of Middletown’s Facebook page on Wednesday, September 2, 2020, at 7:00 PM. Present: Councilwoman Jeanette White Blackwell Councilman Vincent Loffredo Councilwoman Meghan Carta Councilman Anthony Mangiafico Councilman Grady Faulkner, Jr. Councilman Edward McKeon Councilman Darnell Ford Councilman Eugene Nocera Councilman Edward Ford, Jr. (Arrived 7:30PM) Councilman Philip Pessina Councilman Anthony Gennaro, Sr. Councilwoman Linda Salafia Mayor Benjamin D. Florsheim, Chair Daniel Ryan, Esq., Corporation Counsel Linda Reed, Council Clerk Also Present: Carl Erlacher, CPA, Director - Finance Michael Andreana, Esq. - Bond Counsel Brig Smith, Esq. - General Counsel Ashley Flynn-Natale, CCTC - City & Town Clerk Joseph Samolis – Director, Planning, Conservation & Development William Russo, Director, Public Works Christopher Holden, P.E., Deputy Director, Public Works Cathy Lechowicz, - Director – Recreation & Senior Services Barbara Knoll Peterson – Mayor’s Administrative Assistant Members of the Public: WebEx (4 attendees) and Facebook livestream (unknown number of viewers) 1. Call to Order Mayor Benjamin Florsheim calls the meeting to order at 7:01 PM. He welcomes everyone to the Special Meeting of the Common Council. He thanks the Council Clerk, Corporation Counsel, and Councilmembers for being present for this special meeting, adding that there is a regular meeting in just a few days. The Chair invites the Councilmembers to remain seated, per the accepted rules for remote meetings, and to join in the Pledge of Allegiance. The Clerk reads the Call of the Meeting and the Chair declares the call a legal call and the meeting a legal meeting. 2. Public Hearing on Agenda Items -- Opens The Chair opens public hearing at 7:03 PM. The Chair invites any member of the public looking to speak on the agenda items can do so by indicating, using the hand raise function. The Council Clerk will acknowledge people in chronological order. He asks that speaks state their name and address for the record and limit comments to five (5) minutes. Blake Carter (10 Tall Timbers Road): He states that he is attending this meeting tonight to learn more about the ordinance. 3. Public Hearing on Agenda Items – Closes There being no additional speakers looking to speak, the Chair closes the public hearing at 7:05 PM. 4. Mayor requests Council Clerk to read appropriation and bond ordinance requests and the Certificate of Director of Finance. Notice is hereby given that a meeting of the Common Council of the City of Middletown will be held remotely, via WebEx at Join A Meeting, Event# 173 425 4671, on September 2, 2020, at 7:00 PM to conduct a public hearing on the following Appropriation Ordinance: SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 2 AN ORDINANCE APPROPRIATING $55,000,000 FOR THE 21 ST CENTURY INFRASTRUCTURE DEVELOPMENT BOND PROGRAM, INCLUDING PROPERTY ACQUISITION AND SALE, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, REDEVELOPMENT, INSTALLATION, REPAIR AND RENOVATION OF VARIOUS PUBLIC FACILITIES AND INFRASTRUCTURE AND AUTHORIZNG THE ISSUE OF $55,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE Any and all persons interested may appear and be heard. The complete text of the proposed Ordinance is on file and open to public inspection in the office of the City Clerk. ATTEST: Benjamin D Florsheim, Mayor Dated at Middletown, Connecticut, this 28 th day of August 2020.  SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 3 A. An Ordinance appropriating $55,000,000 for the 21st Century Infrastructure Development Bond Program, including property acquisition and sale, design, engineering, environmental assessment and remediation, construction, redevelopment, installation, repair, and renovation of various public facilities and infrastructure, and authorizing the issue of $55,000,000 bonds of the City to make said appropriation, and, pending the issuance thereof, the making of temporary borrowings for such purpose. APPROVED, AS AMENDED ORDINANCE No. 05-20; K: review/ordinance/ 21st C $55M bond ORD 05-20 – 2 Sept 2020 AN ORDINANCE APPROPRIATING $55,000,000 FOR THE 21ST CENTURY INFRASTRUCTURE DEVELOPMENT BOND PROGRAM, INCLUDING PROPERTY ACQUISITION AND SALE, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, REDEVELOPMENT, INSTALLATION, REPAIR AND RENOVATION OF VARIOUS PUBLIC FACILITIES AND INFRASTRUCTURE AND AUTHORIZING THE ISSUE OF $55,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: Section 1. The sum of $55,000,000 is hereby appropriated to meet the estimated costs for the City of Middletown’s 21st Century Infrastructure Development Bond Program. Such Program includes (i) the development of public parking, to facilitate redevelopment of the downtown Arcade site and riverfront, (ii) riverfront redevelopment, including improving public infrastructure and related public amenities, (iii) the acquisition, rehabilitation and redevelopment of the city-owned parcels and buildings, including but not limited to, Mattabassett Canoe Club and City Hall, (iv) improvements to the existing gym and pool facilities located on Hunting Hill Avenue for purposes of creating a Recreation Center; and (v) citywide road, sidewalk and curb paving at all or any portion of the SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 4 locations set forth in Schedule A hereto, including culverts, bridges, drainage, outfall, and pavement management systems, as well as any related property right acquisition and sale costs, site, planning, architect, design and engineer fees, environmental assessment and remediation costs, construction, redevelopment, demolition, construction administration, installation, repair and renovation costs, including contingency fees, and any administrative, printing, legal and financing costs related thereto (collectively, the “Projects”). The Common Council may, by resolution, add to or delete from Schedule A any location authorized therein, provided, however, that the total appropriation and bond authorization shall not be increased. Said appropriation shall be exclusive of all Federal and State grants in aid thereof. The Mayor, in consultation with the Common Council, shall appoint either a standing committee/committees of the Common Counicl or a building committtee/committees for the projects created. Section 2. The expected useful life of the Projects is in excess of twenty (20) years. The total estimated cost of the Projects is $55,000,000, all of which is expected to be paid from the proposed bond financing. Section 3. To meet said appropriation $55,000,000 bonds of the City of Middletown (the “City”), or so much thereof as may be necessary for said purpose, may be issued, maturing not later than the twentieth (20th) 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 cost of the Projects 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. Any 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. The notes 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 Projects. 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 such authority shall be specifically 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. SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 5 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 Projects to any bonds or notes of the City outstanding as of the date of such allocation, and the bonds 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 Projects 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 aggregate appropriation for the Projects 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. Such appropriation and bond authorization approved herein may be allocated between the Projects by the Mayor and Director of Finance as they deem necessary or advisable and in the best interests of the City, so long as such allocation is consistent with applicable tax and other laws. 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 Projects, 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 Projects 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 Projects, 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 take effect when the same shall have been approved by a majority of those voting thereon at a referendum called and warned for such purpose. The date and other particulars of such referendum shall be determined by resolution of the Common Council. In the event that this ordinance shall not be approved at such referendum, it shall be null and void and of no effect. SEE ATTACHED DEBT LIMITATION SCHEDULE Schedule A 2020 ROAD AND SIDEWALK PROJECTS FROM TO Acacea Court Basswood Drive Nejako Drive Atkins Street Town Line Country Club Road Barry Court Spencer Drive End Bartholomew Road Saybrook Road Reservoir Road Basswood Drive Nejako Drive Congdon Street Batt Street Spencer Drive Spencer Drive Berlin Court Berlin Street End Berlin Street Prospect End Bow Lane Bartholomew Road Cedar Street Candlewood Lane Heritage Boulevard End Carll Road Newtown Greenlawn Road College Street Main Street High Street Court Street Main Street High Street Culverts/bridges Dellwood Avenue Grove Hill Road Glenwood Terrace Digitize drainage East Ridge Road Randolph Road Millbrook Road Evergreen Avenue Silver Street Evergreen Circle Evergreen Circle Evergreen Street Frisbee Street Fieldbrook Drive Heritage Boulevard Glenwood Terrace Frisbee Street Evergreen Avenue Laurel Street Frissell Terrace Silver Street Roberts Street  SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 6 Garden Street Laurel Street Roberts Street Garfield Ave Russell Street End George Street Drainage Glendale Avenue Grove Hill Road Glenwood Terrace Greenlawn Road Ridge Road End Grove Hill Road Fieldbrook Road Glendale Avenue Heritage Boulevard East Street End High Street Safety Washington Street Church Street Jefferson Ave Russell Street End Laurel Street Frisbee Street Roberts Street Lewis Street Morgan Street Randolph Road Liberty Street Newfield Street Main Street Linden Street Frisbee Street Roberts Street McDowell Road Prout Hill Road End McKenzie Street Silver Street Roberts Street Meadowbrook Road East Ridge Road Millbrook Road Middle Street Smith Street Country Club Road Mohawk Street Hendley Street Spencer Drive Murray Street Margarite Road Bend Northview Drive Plumb Road End Oak Ridge Drive Northview Drive End Outfall Improvements Pameacha Avenue South Main Street Highland Avenue Partridge Lane Country Club Road End Pavement Management System Entire City Pleasant Street Church Street Main Street Plumb Road East Street End Poinsettia Street Pine Street End Prospect Street Liberty Street Railroad Bridge Prout Hill Road Ridge Road Margarite Road Red Cedar Lane Plumb Road Oak Ridge Drive Ribera Drive Chamberlain Road End Ridgewood Road Westfield Street East Street Roberts Street Evergreen Avenue Eastern Drive Rogers Road Wadsworth Street West Street Rose Circle Newfield Street Rose Circle Schaefer Road Wadsworth Street Rogers Road Spencer Drive Wadsworth Street Mohawk Street Spring Street Main Street Prospect Street Stoneycrest Drive Newfield Sheet Stoneycrest Drive Sunnyslope Drive Prout Hill Road Prout Hill Road Sylvan Drive Heritage Blvd End Wadsworth Mansion Wadsworth Street End Wall Street Saybrook Road Silver Street Walnut Grove Road Old Mill Road Fisher Road Westfield Terrace Westfield Street Hickory Circle Woodside Circle South Main Street Schuyler Avenue Yellow Birch Road Yellow Road End Yellow Green Circle Yellow Road End Yellow Hill Drive Yellow Road End Yellow Orange Circle Yellow Road End Yellow Pine Circle Yellow Road End Yellow Road Long Hill Road End Yellow Wood Road Yellow Road End Yellow Yellow Circle Yellow Road End DEBT LIMITATION SCHEDULE August 31, 2020 CITY OF MIDDLETOWN, CONNECTICUT ANNUAL RECEIPTS FROM TAXATION AND REIMBURSEMENTS ("BASE") Fiscal Year Ended June 30, 2019 138,964,269 BORROWING CAPACITY FOR EACH CLASS 2-1/4 times base for General Purposes 312,669,605  SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 7 4-1/2 times base for Schools 625,339,211 3-3/4 times base for Sewers 521,116,009 3-1/4 times base for Urban Renewal 451,633,874 3 times base for Unfunded Past Benefit Obligations 416,892,807 MAXIMUM AGGREGATE BORROWING CAPACITY 7 times Base 972,749,883 INDEBTEDNESS BONDS AND NOTES: GENERAL PURPOSES 76,153,745 SCHOOLS 13,943,980 SEWERS 5,058,545 URBAN RENEWAL - UNFUNDED PAST BENEFIT OBLIGATIONS - BONDS AND NOTES AUTHORIZED BUT UNISSUED: GENERAL PURPOSES 45,853,221 SCHOOLS 68,278,744 SEWERS 10,421,096 URBAN RENEWAL - UNFUNDED PAST BENEFIT OBLIGATIONS - CLEAN WATER FUND LOANS: SEWERS 14,351,362 SUB-TOTAL INDEBTEDNESS 234,060,693 LESS FEDERAL AND STATE OF CONNECTICUT BUILDING GRANTS, COMMITMENTS AND RECEIVABLES GENERAL PURPOSE - SCHOOLS 41,777,085 SEWERS - URBAN RENEWAL - TOTAL DEDUCTIONS 41,777,085 NET INDEBTEDNESS 192,283,608 TOTAL DEDUCTIONS BALANCE OF BORROWING CAPACITY FOR EACH CLASS: GENERAL PURPOSE 190,662,639 SCHOOLS 584,893,572 SEWERS 491,285,006 URBAN RENEWAL 451,633,874 UNFUNDED PAST BENEFIT OBLIGATIONS 416,892,807 BALANCE OF MAXIMUM AGGREGATE BORROWING CAPACITY AVAILABLE 780,466,275 The Chair asks for a motion to accept that ordinance Councilman Philip Pessina moves to accept that ordinance. The Council Clerks asks Corporation Counsel Daniel Ryan if the beginning of the proposed ordinance needs to be read into the record. Corporation Counsel Daniel Ryan confirms that that the ordinance needs to be read into the record. The Council Clerk asks for clarification as to how much of the proposed bond ordinance needs to be read. Attorney Ryan notes that Councilman Pessina needs to read at least the first paragraph its entirety. He explains that after that reading, a Councilmember may move to waive the balance of the reading. Councilman Pessina reads: AN ORDINANCE APPROPRIATING $55,000,000 FOR THE 21ST CENTURY INFRASTRUCTURE DEVELOPMENT BOND PROGRAM, INCLUDING PROPERTY ACQUISITION AND SALE, DESIGN, ENGINEERING, ENVIRONMENTAL ASSESSMENT AND REMEDIATION, CONSTRUCTION, REDEVELOPMENT, INSTALLATION, REPAIR AND RENOVATION OF VARIOUS PUBLIC FACILITIES AND INFRASTRUCTURE AND AUTHORIZING THE ISSUE OF $55,000,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF MIDDLETOWN: Section 1. The sum of $55,000,000 is hereby appropriated to meet the estimated costs for the City of Middletown’s 21st Century Infrastructure Development Bond Program. Such Program includes (i) the development of public parking, to facilitate redevelopment of the downtown Arcade site and riverfront, (ii) riverfront redevelopment, including improving public infrastructure and related public amenities, (iii) the acquisition, rehabilitation and redevelopment of the city-owned parcels and buildings, including but not limited to, Mattabassett Canoe Club and City Hall, (iv) improvements to the existing gym and pool facilities located on Hunting Hill Avenue for purposes of creating a Recreation Center; and (v) citywide road, sidewalk and curb paving at all or any portion of the locations set forth in Schedule A hereto, including culverts, bridges, drainage, outfall, and pavement management systems, as well as any related property right acquisition and sale costs, site, planning, SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 8 architect, design and engineer fees, environmental assessment and remediation costs, construction, redevelopment, demolition, construction administration, installation, repair and renovation costs, including contingency fees, and any administrative, printing, legal and financing costs related thereto (collectively, the “Projects”). The Common Council may, by resolution, add to or delete from Schedule A any location authorized therein, provided, however, that the total appropriation and bond authorization shall not be increased. Said appropriation shall be exclusive of all Federal and State grants in aid thereof. Councilman Grady Faulkner, Jr. moves to waive the reading of the full ordinance text. Councilman Edward McKeon seconds the motion. There being no discussion, the Chair calls for a voice vote. The motion to waive the reading of the full text of the proposed bond ordinance is approved unanimously by a vote of 11-0 (Councilmembers Blackwell, Carta, Faulkner, D. Ford, Gennaro, Loffredo, Mangiafico, McKeon, Nocera, Pessina, and Salafia; Councilman Edward Ford, Jr. is absent). The matter is approved. Councilman Philip Pessina moves to approve the proposed bond ordinance. Councilman Eugene Nocera seconds the motion. The Chair call on Councilman Vincent Loffredo. Councilman Loffredo states that he offers an amendment to Section 1 of the proposed ordinance: The Mayor, in consultation with the City Council, shall appoint either standing committee or committees of the City Counicl or appoint a building committtee (committees) for the projects created. The Council Clerk asks a clarification question for the record, through the Chair, for Corporation Counsel Ryan: Since this is a special meeting, can the proposed ordinance be amended? Corporation Counsel Ryan replies, “Yes,” noting that with a 2/3 vote, the ordinance can be amended. Councilman Loffredo states that he asked the City Attorney (inaudible) and, if the City Attorney is on this call, he may speak to this. General Counsel Brig Smith states that he believes that the 2/3 rule is for adding to the agenda. He believes that for something already on the agenda, the item can be amended by a simple majority vote. Councilman Eugene Nocera adds to this discussion: the road bond is already monitored by the Public Works & Facilities Commission. Councilman Loffredo interjects, asking for a second to his motion to amend (inaudible) Councilman Eugene Nocera seconds the motion. Councilman Loffredo interjects and states that he will give a quick, little background. There was discussion regarding what happened . . . first of this, we all realize, or most of us do, that the bond ordinance before us is unprecedented. As Councilman Nocera just alluded to, we have, and if you look at the information that Finance Director Carl Erlacher provided us regarding authorized bond issue debt, you will see on that page many road improvement bonds going back to 2007. The most recent one is the 2018 road bond issue, which then, Councilman Nocera is actually correct, by practice and so forth, a project of that nature has by longstanding practice and tradition been handled by the Public Works Commission that is absolutely correct. The other aspect of what is being put forward do require, in his opinion, because we have an ordinance regarding building committees that we have to follow. In act that was being questioned by several years ago now when the parks bond was approved by the voters and the question came up, “Do you have to appoint for each one of the parks, under the $33M bond issue and so forth?” The answer the other day was, “No.” One particular, one committee was appointed, adding that Councilman Nocera was the chair of that Committee Councilman Nocera interjects, noting it was “the larger projects.” Councilman Loffredo reiterates, “the larger projects.” Before the Council this evening are a host of projects running the gambit beyond road bonds, which is traditionally handled by Public Works. There is going to be a need, as he reads it and he stands to be correct, but it seems to him that this has been moved along fairly quickly. Various committees and commissions on the Council have not been asked to actually get into the specifics of any or all of the projects, if the voters do approved it. He thinks it is incumbent upon the Council to ensure the voters, given the nature of this particular multi-faceted bond, that is before the Council this evening, that there will be and there should be appropriate councilmanic and/or building committee oversight, and that would be done and the procedures and the nature of it, consolations will have to take place. At the end of the day, any and all appointments would be made by the Mayor, understanding that there is no change in practice there, and secondly, any involved appointments, one way or the other, would have to be approved by the City Council. It is incumbent upon the Council, and he for one, given the nature and uniqueness of this, that’s not harmful in any shape or fashion, it is not meant to be taken negatively or taken away from the fact, . . . it recognizes the very important role that either the Council and/or appointed SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 9 building committees have to be involved with, in some fashion or other, with some aspects of projects that are being considered under this bond ordinance. Thank you. The Chair calls on Councilman Edward McKeon. Councilman McKeon states that he completely agrees with Councilman Loffredo: that if the language is not there, how will we go about crafting the amendment so that . . . (inaudible). Councilman Loffredo states that he can repeat it, he can repeat it slowly. The other thing that he wants to say is that he had a discussion with the General Counsel, adding that he does not know. If City Attorney Smith would like to indicate whether or not this, in any way, is in violation of an ordinance or the Charter of the City of Middletown. He wants to make that clear. The Chair asks Attorney Smith, if he is available, adding that there was the later version, which was sent out and which may have contained more language. The Chair asks if Attorney Smith is available. Councilman Loffredo interjects, saying that, if this is duplicative, . . . General Counsel Brig Smith states that he spoke with Bond Counsel, Attorney Michael Andreana, Esq., who is on this WebEx call. He states that, after he spoke with Councilman Loffredo, to craft some kind of language that would accomplish the goal that Councilman Loffredo set out. The language that he has is similar to what Councilman Loffredo did. What Councilman Loffredo offered or what they were working on as integral scriveners internally, he believes would be something that would work nicely. Multiple speakers (inaudible) Councilman Eugene Nocera state the he wants his colleagues to know that he can support this amendment, adding that it is important piece to include,. He supports what Councilman Loffredo read to the Council. They can add it as it provides direction for accountability through building commissions and/or commissions monitoring this $55M bond. He will support the amendment. Councilman Philip Pessina states that he also agrees with Councilman Nocera and Councilman Loffredo. He thinks the biggest thing is the vision of the public, if they support this bond, it is such a significant amount. It just ads to the confidence that they will have by having these various committees review each of the projects. It is important. The bottom line is that the Council is voting it in, but it’s the public’s project that the Council is doing for them, for the improvement of the community. He notes that it really adds to the confidence. Councilman McKeon states that it is actually the public that votes on it (bond ordinance). The Council is only voting to put it for referendum. The Chair calls on Councilwoman Linda Salafia. Councilwoman Salafia states that she does need to have the language re-read as she is not clear if it is asking for one overall building committee or several. Councilman Loffredo states, “If he might.” The Chair call on Councilman Vincent Loffredo. Councilman Loffredo states: “The Mayor, in consultation with the City Council, shall appoint either standing committee(s) of the City Council or appoint a building committee or committees for the projects created under Section 1 of the bond ordinance.” He states that he is asking under Section 1 of the projects created, adding that his recommendation is it be added under Section 1 so it automatically references back. The Council Clerks asks for clarification for the record. She asks Councilman Loffredo if he is stating “City Counsel” or “Common Council.” Councilman Loffredo confirms it is the “Common Council.” He continues saying, whatever the appropriate term is. Councilman Grady Faulkner, for clarification, asks in some of these projects, he thought someone was going to show this, there is a committee already in charge of some of the items on this list. We won’t be overriding these. Councilman Loffredo replies, “No, no.” He notes that the best example is that roads bonds are handled by public works. Councilman Faulkner states that he does not know who will be doing City Hall. Councilman Loffredo interjects, saying that is another story and that it may need a building committee. Councilman Faulkner thanks Councilman Loffredo. SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 10 The Chair states that Planning, Conservation & Development Department Director Joseph Samolis is on the meeting call and will [present on the next agenda item when that vote on the actual resolution He adds that Director Samolis is available for background here. Councilman McKeon states that the Council is not discussing the amendment. Councilman Nocera states hat the amendment has been made and seconded. The council Clerk confirms, saying the motion was made by Councilman Loffredo and seconded by Councilman Nocera. The Clerk adds that, if needed, Bond Counsel Attorney Michael Andreana is also on this call. The Chair thanks the Council Clerk and asks if there is any further debate on Councilman Loffredo’s amendment. There being no further discussion, the Chair calls for a roll call vote, asking the Council Clerk to read the roll for a vote on the amendment as read into the record by Councilman Loffredo. Councilwoman Blackwell aye Councilwoman Carta aye Councilman Faulkner aye Councilman Darnell Ford aye Councilman Edward Ford aye Councilman Gennaro aye Councilman Loffredo aye Councilman Mangiafico aye Councilman McKeon aye Councilman Nocera aye Councilman Pessina aye Councilwoman Salafia aye The Chair states that the amendment is unanimously approved with 12 aye votes. (Councilmembers Blackwell, Carta, Faulkner, D. Ford, E. Ford, Gennaro, Loffredo, Mangiafico, McKeon, Nocera, Pessina, and Salafia. The Chair states the matter is approved. The Chair states that the Council now needs a motion to approve the bond ordinance, as amended. The Council Clerk states that Councilman Pessina read the underlying bond ordinance and Councilman Faulkner moved to waive the reading of the full bond ordinance. The Council approved the waiving of the reading of the full ordinance by voice vote. There was no second on the underlying ordinance. Councilman Edward McKeon seconds approval of the bond ordinance, as amended. The Chair asks if there is any discussion. He calls on Councilwoman Linda Salafia. Councilwoman Linda Salafia asks if any questions should be asked now, not later. She would like to have some of the comments that were shared at the Finance & Government Operations Committee meeting shared here for the Common Council meeting record. The Chair states that they can either do that now or with the resolution. It is up to the Council. Councilwoman Salafia states that there are questions and what happens if we don’t like the answers to the questions if we don’t discuss now. The Chair asks the Council if it would be helpful to have the presentation before they go into open discussion, he asks if it would be acceptable. Councilwoman Salafia replies, “Yes.” Councilman Nocera relies,” I think that would be a good idea. We have a motion and a second. In the discussion phase, we can have a presentation and questions.” The Chair states that what needs to happen is to make Director Samolis a presenter. The Council Clerk confirms that Director Samolis is now a presenter. Director Samolis explains that, as read in the bond ordinance, there are five (5) different components, shown by the five (5) stars on the photo. SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 11 The Downtown Redevelopment is the first star. This incorporates two (2) projects related to economic development. The first is the parking structure as everyone has know for some time,parkig downtown is cumbersome, congested at times. They are looking at craeting a new parking structure. There is the potential of having the arcade site redeveloped. They can also look at the surface lots that they currently have as potential redevelopment sites for the future.That is part of a larger redvelopment proposal for the downtown area. The other part is the City Hall lot. Specificlally, they have the potential of looking at and maybe moving City Hall to the corner of College and Main in the old Citizen’s Bank Building. That would facilitate the redevloment of the current City Hall location at the corner of Court Street and DeKoven. As a reference, as he mentioned earlier in response to Counilwoman Salafia, there is about 0.6 acreas of land at the Citizen’s Bank sirte. There are 1.6 acreas of developable land and, if the City vacates the current City Hall site, taxes that are paid anually are rougty $108,000 at the Citizen’s Bank Building. If they do a redevelopment at the City Hall lot, they can potentially exceed that amount substantilaly. Another component is the riverront. They are looking to allocate some money for land banking, which is acquiring land alng the riverfront. So, when the City does develop its comprehensive master plan, it has control over what is done with that land, especially what is done alongthe riverfront. That may mean putting in additonal infrastructure, planning for certain types of development to happen along the riverfront. That wil be developed through that planning process as they move forward. He reiterates that having control over the property will alllow the City to determine its highest and best use for the community as a whole. In addition, they are lokoing for money to inprove exisitng infrastructure that is along the riverfront. There is the sewer treatment facility,which has been descommissioned or is in the process of being decommisison, SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 12 no longer in use. More money will be needed to remediate any portion of these structures now there for whatever use the City determines to look at for those structures and that property. As part of the new middle school construction project, Beman Middle School, a portion of the existing structure will remain. That structure will serve as a community recreation center and they are looking to allocate about $1.5M for that to make sure it can be brought into a useable state for the citizens and run by Recreation. The final portion is the road bond. He believes that the list is outdated, but is relatively inclusive of everything that Public Works & Facilities voted on in terms of the $15M road improvements list that they are looking to do over the next 10 years. SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 13 The quick breakdown is:  $15M for the road bond;  $5M for the riverfront;  $20M for a parking infrastructure; He will let the Council talk about what they are looking to do to reduce costs. He continues:  City Hall redevelopment portion is about $12.2Ml  Recreation $1.5M;  Bonding costs of roughly $1M The total is $54.7M rounded up to $55M for the general obligation bond. Finally, the general time frame, bonds take some time from planning to construction. With that, it is estimated that it will take Public Works sometime to run through that bond. The riverfront, in terms of land acquisition, they are going to want to do that relatively quickly so that, as the comprehensive plan is done, then the City can move forward; however the Council would like the land developed. A parking structure will take some time to engineer, depending on what type of development they are looking to do on the SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 14 arcade site. For City Hall redevelopment, the Citizen’s Bank Building has leases for the space for two (2) years, so they would look to implement changes starting at the same time as they start. The parking structure will take time to engineer, depending on what type of development they do along the arcade site, which will impact that time table as starting in the Spring, the same time as the other development opportunities in that area. Finally, the recreation center, the current middle school is scheduled to go off line in two (2) years, giving the City the opportunity to plan and investing in that structure under Recreation. Councilman Nocera offers one correction on the recreation center. The new Beman Middle School is scheduled to open next fall, so within the current Middle School bond, they will construct a wall to separate – a new wall – separating the new school from the existing building that will be left. The work for the recreation center, some small work would have to be done in the Fall of 2021. The Chair thanks Director Samolis. The Chair states that he will briefly speak to parking money. The City is pursuing a State grant in the amount of $20M, the allocated cost for that parking structure. They are pursuing this money along with Economic Development and the legislative delegation over the past couple of weeks, and it is not guaranteed money. They want to be conservative in their approach of the numbers with a project of this magnitude across the board. They are budgeting in this bond the full cost that is anticipated, but he is also trying to look for this State grant, which will do the same thing with any other State and Federal funding that might become available to try to defer some of this cost from local taxpayers. They are working actively to try to secure some of those funds from the State and he will provide update, as they become available, He reiterates that this is the tool track that they are pursuing when it comes to securing funds for this project. Councilman Philip Pessina interjects. He asks Director Samolis to correct him. It is his belief that they have $6 point something million dollars left from a Federal bond that they received several years ago. He asks Director Samolis if he is correct, saying it can go to help with this project. Director Samolis replies that is correct. There is about $6.5M left from that grant. The Chair calls on Councilman Vincent Loffredo. Councilman Loffredo asks if Finance Director Carl Erlacher is on the call. He states that he has question on the information was sent in response to a number of questions that Councilmember Salafia had. One was a document entitled Authorized but Unissued Debt as of April 22, 2020. Councilman Loffredo asks Director Erlacher if he has that document. Director Erlacher replies, “Yes. It was unused.” Councilman Loffredo concurs, “Yes, unused.” AS he reviews this, adding he is sure his colleagues have done the same, there are several points – 2007, 2005, 2011, 2013, 20018 – those are all road bonds of various amounts. There is a Colum headed “Authorized, But Unused.” That is potentially a substantial amount of money, of unused bond money. He asks if any of that money is available for roads or is it really lapsed at a particular time because that money wasn’t used, so, therefore, it is no longer really available to be utilized. Director Erlacher replies that they do not really have that money. Those are monies that have been authorized by the Council to spend on the various projects either via referendum or the Council having SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 15 passed a bond ordinance. They don’t just borrow the full amount and sit on the pot of money. They borrow as they need cash they have the ability to borrow each one of these projects for the dollar amounts that are there. There is $86M authorized by the Council, or previous Councils, but we have not borrowed for that. Those projects are either still in process or there is left over money on them. Councilman Loffredo replies that, to be particular, the road bond of 2018, which was just a few years ago, there is remaining . . . it seems all of it is remaining based on this report. It was for $1.8M and there is approximately $1,796,950, which rounded up is $1.8M. Director Erlacher replies that he does not see that. He sees $16M . . . Councilman Loffredo interjects, saying, “You don’t see that at the bottom?” He apologizes and notes that Director Erlacher is correct: it is $16M, noting that he had circled the wrong number. He continues noting that there is remaining $13M. Director Erlacher explains that they went out to the voters with a referendum question for $16M. They did $2.3 M in work from that so they only borrowed $2.3M to pay for that work. There is still $13M left for various streets listed on that road bond, but the City has not done the work or borrowed the money for that. Councilman Loffredo states that they are all public roads, not other kinds of roads, or driveways, or anything else of that nature, just public roads that are part of this bond. He asks if the roads are listed for 2018, which have not yet been done. This new list is not duplicating that list. Director Erlacher confirms, “No, they are not.” He adds that the Director actually does the streets that have the biggest need to be attended to. Multiple speakers (inaudible) Councilman Loffredo asks if there is any particular reason why so much remaining from two years ago and now we are ask . . . Director Erlacher replies, “Because it costs money.” If the City went out and borrowed $14M more dollars that’s $1M more in debt service for the next 10 years. SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 16 Councilman Loffredo asks how much more likely is it that we are authorizing it and the vote is passed for another substantial million dollars, which will literally . . . this is dealing with the whole issue regarding us being able to handle that much debt on, which we owe interest on, because it is now actual bonds have been issues and we have to pay the interest and principle on those bonds to the amount that has gone to Wall Street and so on. Director Erlacher replies that authorizations mean nothing, it’s how you actually have the expenditure and you need the cash, Think of it that way. If you authorize $55M, it doesn’t affect the taxpayers a dime until you actually do the work. Councilman Loffredo states that he assumes that these bonds were issued at a certain rate and the rate never changes, right. Or have we not been to Wall Street at this point. So we don’t have an interest rate SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 17 on these, not authorized or issues, so we have no understanding of what it would cost the City to borrow a set amount of money, is that correct? Director Erlacher replies that they do that once a year -- usually in the Spring -- and are assigned a rate based on our credit rating. Councilman Loffredo asks how much the City asks for each year. In other words, the City has not asked for the 2018 $13.4M remaining bonds for road work. Director Erlacher replies that, Public Works Director Russo does not do a street on that road bond, we would ask for zero next year. The plan would be done that Summer. For instance, look at the Middle School. The City still has $26M that has not been borrowed yet. We will pay that off for 10 years after we do borrow. So if they finish it all in the next month or so, we have to get $26M just for the Middle School. That would cost the City $2.6M per year in additional debt service. He explains that they try to do big projects when debt service comes off the books, adding that is why he showed Councilman Loffredo the other schedule. They had . . . when the City gets to 2025, 2026, there will be a $5M drop. It is generally a good time to add on projects because the there are no peaks in raising taxes. We replace one debt with another debt. Councilman Loffredo asks about the Middle School. He asks if the project will be completed and then they will be going into it at this time next year and, therefore, the bill will have to be paid – an so on and so forth – whether it’s got to be the whole $26M or $1M of it, noting that he assumes it will be a substantial amount of those dollars as payment for all of the various contractors who have worked, will become due during the next fiscal year. He asks if he is misreading that. Director Erlacher replies, “No,” he is not, adding that, if he looks at the schedule where he has circled, they will make the first payment in 2023. Next year’s budget, they will take interest only after the bond, it and Spring of 2021. So in 2020 and 2021, they will pay interest only in 2022 and 2023, they will . . . Councilman Loffredo interjects and asks what the current interest rate might be. Director Erlacher replies probably about one percent (1.0%) because of the City’s credit rating. He adds that from 2022 to 2023, the debt services goes from $19.7M to $18.1M so they can absorb a $16M bond there. For that school without any tax implications per se, just on that line, the debt service line, would not have an increase. That is why they must be very strategic when they start doing these projects, not to do $50M in one year and find that, all of a sudden, they have a $5M payment with nothing coming off. There is a 2 mil tax increase. He notes that they have to be very conscious of that. Councilman Edward McKeon states that he has follow up questions based on Councilman Loffredo’s questions. He has two (2) questions. One is: if we have these road bonds already, why now further road bond? Why are we going to ask for more when we have these bonds in abeyance not being used, not even (inaudible)? He would like to understand. Director Erlacher replies that there may be a lot of streets that are in dire need. They would need to ask the Public Works Director that, if not listed on the other previous road bonds, noting that the only way to do that is to do a new road bond authorization, or amend a previous bond and add streets to those. That usually is not the process. Most people go out with anew road bond with a change in administrations. People see different streets with frost heaves in the winter, collapsing and, all of a sudden, you need to jump on those streets. That would be a question for the Director of Public Works. The Chair interjects, adding that he believes that Public Works Director Russo is on the line and we can ask him to chime in. Councilman McKeon states that he has another question for Director Erlacher. It seems to him that, if they have this money already allocated, then amended for streets that are in need, amending the road bond that has already been passed seem to be the better approach rather than asking for money. That is what he is trying to understand. He has a further question on the process that money is required. Say that the public votes for this. He asks what is the process for the Council and the Finance Director and the Public Works Director to decide what money is bonded? Does it go through any Couniclmanic (inaudible)? Director Erlacher relies that the City Attorney ruled that the Mayor is the CEO of the City so, once the Council approves it, projects fall in his house. He reiterates that the Mayor is the Chief Executive Officer. He can then direct the various City Directors when to start projects as he sees fit. After that, depending on, he usually uses General Fund money in the first year and not go out to bond for it, carry it for eight (8) or nine (9) months to save the interest. When he needs money, he goes out and gets it for the various projects that are going. They are voting tonight and will set up various building committees for various things. Councilman McKeon states that he is not asking about that; rather, he is asking about roads. He has some concern. He knows it is tradition and it how it work: that the Mayor is the CEO and the Public Works Director handles the road bonds. But it seems that once the road bond is voted on, (inaudible). In effect, we are voting on money that is being spent by two administrations, adding maybe they will be lucky to have Ben (Florsheim) for more terms. Director Erlacher replies that he does talk with, he tries to keep . . . SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 18 Councilman McKeon interjects, saying that it is, what he is asking, is this something, he knowns how it is, he understands how it works at this point, his question is “Am I happy with how this works?” What needs to be considered in the future, that’s all. Councilman Eugene Nocera asks to respond to Councilman McKeon’s question. Councilwoman Jeanette Blackwell indicates that she has her hand raised. The Chair notes that Councilwoman Blackwell has her hand raised. Councilwoman Blackwell yields to Councilman Nocera to speak. Councilman Nocera states that, having served on Public Works & Facilities for two (2) terms, there is overlap on the road bonds and these are generally issued every five (5) years or so. Streets on the old bond, the 2018 bond, that are on a list, there are other roads in need of repair now so they will be perhaps a joint effort to continue with the previous bond and the new bond. It is always how it is handled, an overlap of the two (2) bonds. Councilwoman Jeanette Blackwell asks, as a nexus to this conversation, she wants to know if there is an expiration date on the $13M that is left. She is not clear if those monies expire or they are allowed to borrow. If there is a need, it is logical to ask for an additional road bond for $15M because that $13M will expire. She asks this as a procedural question, for her own education. Director Erlacher replies that the bond will not expire; hover, we can only do the streets that are listed on that bond with those moneys unless we amend the bond. This is because the voters approved that bond with certain streets to be fixed with that money. If the street is not listed, we would either have to amend that bond or issue a new road bond. What happens is that there is usually so many streets that need Tobe fixed, that, if you are going to take money away from that bond, someone who was promised that their street would be fixed, there won’t be any money left to fix that street. Councilwoman Blackwell replies that she understands and she thanks Director Erlacher. She has a follow- up question, noting that perhaps Director Russo can answer this question: how do we determine what streets get listed for repair. What is that process, noting that perhaps this question can be answered down the road once this issue about the parks bond is addressed? Thank you. The Chair asks Director Russo to chime in on this question. Public Works Director William Russo indicates that, when we put road bonds together, it is a long process. It started with former Mayor Drew and went to Mayor Florsheim. The Public Work Commission always hears every month from different members of the public about they want work done. He talks with his superintendents and inspector, the Chief Engineer and Deputy Director. They sit down together and discuss the roads and drainage issues. They talked about climate change tonight at Finance & Government. Believe when he tells them: he sees the warm night; he sees the cold nights; he sees the rain; he sees this now; he sees the freezing and that is all really doing a job on the present infrastructure If they don’t keep up with the road infrastructure and get behind the 8-ball, it is very difficult financially to make the money. What they do in Public Works in about a month or so, he will go to Finance and to the Mayor and tell them about future projects. Right now they are hoping to do Sand Hill Road, Tryon Street, and (inaudible) Road, get that out into the bidding process because there are major drainage issues in that area there. Once the Mayor Gives approval, his next stop is with Finance & Government. He will tell Finance Director Carl Erlacher that they need to spend a certain about, say $2.5M, and ask him what his thoughts are. The Finance Director may say cut it back to $1.5M or go ahead and pay the (inaudible). The luxury that Finance has is to dictate to him how much money they can spend on the roads. Some years they spend more than others. Other years, like this year, they spent less on the roads. He hopes this answers the questions. He adds that there is a detailed method in selecting theses roads. Once accepted, the question is why it takes so long. He explains that it takes them from the time it is accepted, a year to a good year and a half. To work with all of the utilities: Eversource Gas. You do not want to build a road and have the gas company come back six (6 months later to work on it. Water & Sewer: can they get the funding to replace a water main that is needed on these roads? Comcast cable. The list goes on and on. It is a continuing process. Some of the jobs are bigger than others, so they may need to bring in the consultant to design it and some are done in house. Take for example something like Ridgewood Road. They put it in the list just for the design money because they are roads out there that are collectors. Those collector roads qualify the City for State connect money. You will see Saybrook Road on the list. That is on deck with DOT (Department of Transportation). Beech Street, the Commission, everybody has heard that job. It is basically (inaudible) past the Elks. The City paid for the design money for that project. They wanted to see some changes, so Cardinal Engineering designed the changes. They were awarded $2.4M to build it. Ridgewood Road: they will do the same thing because it is called a collector road. The City will design it and it is about a $3M project. The bottom line is they only spend what Director Erlacher and Finance let them spend, noting that goes for parks bonding, for road bonding. He hopes this answers the question. Councilwoman Blackwell thanks Director Russo. It sounds like it is a very comprehensive process in determining which roads would be repaired. She had no understanding of that process and wanted to understand. She thanks Director Russo for that very long explanation. The Chair calls on Councilman Vincent Loffredo. SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 19 Councilman Loffredo states that he has a procedural question for Director Erlacher or Director Russo. The language in the bond ordinance specifically refers to dealing with the road situation. He reads: “The Council may, by resolution, add or delete from Schedule A authorized that the total of the bond shall not be increased. Based on that, number one, is that standard lab gauge in all road bonds or this particular road bond or this particular road bond ordinance. He reiterates: Is that language standard for all road bonds? Director Erlacher relies that, from his knowledge, it is yes. Councilman Loffredo asks if bond counsel, noting he does not know how long they have been bond counsel for us. Anyway, the answer is “yes.” So that gives the flexibility and dealing with . . . and it has to come to the Council. It is a councilmanic decision whether there is any movement in one way or a road being moved in or out or . . . he read that. Correct? Councilman Philip Pessina interjects saying that it has to go through our commission first. Councilman Loffredo replies that he understand that, but he is not asking. Multiple speakers (inaudible) Councilman Pessina states “very thorough and vets these projects as Bill (Director Russo) has always done so that when it comes to Council, you know that it has been vetted.” Councilman Loffredo replies that he understands (inaudible) but we may have questions. Councilman Edward McKeon interjects, apologizing for his confusion. He asks if just heard that road projects come back to the Council for approval. No? Councilman Pessina replies that they go to the Commission. Councilman McKeon asks that, when a road needs work, it goes to the Public Works Commission Councilman Pessina replies that we look at it, too. Councilman McKeon replies that is his concern and he is trying to understand the process he is trying to understand historically when it became practice and whether it’s Charter language or whether it is just practice that this amount of money is allocated and when it is time to bond for it, if does not come back to the Council for at least a rubber stamp. He notes that it’s a little . . . he is not casting an dispersions, it is surprising to him that they approved $5,000 grants and $3,000 grants, but we don’t give a stamp of approval when the Mayor says that we are going to build a road that costs $3M. It is his confusion and concern. He reiterates his apology. The Chair asks if any staff would like to address that history he asks Councilman McKeon if that would be helpful. The Chair asks if Director Russo or Director Erlacher might be able to speak to some of that history. Director Russo offers to address. He states that Councilman Loffredo is correct that there are 50 streets on that bond and all of sudden we do West Lake, which is not on that bond. The only way that money can be spent is if the Common Council allows us to accept it and allows them to use that money on West Lake Drive. That assures that Public Works will do all of the roads that voters have supported on that list. The Public Works Commission, in his time, has always worked as the Building Committee for any roads. They talk about it every month, whether the public has a question, whether the Commission has a question. They have many consultants who report to the Public Works Commission. He believes that there are four or five commission members who will hear all of the expectations, what they are bidding. He encourages Councilmembers to come. They will be bidding the boardwalk and the railings. Come to the process as it is wide open. There is a lot of work that goes into those and, as always, any questions for him or the Chief Engineer or Deputy Director Chris Holden. He reiterates that the big part of this flexibility is that the Finance Director is the person, who tells Public Works what can be spent for every project. Rest assured that he knows every nickel that is available for every project. He ask Director Erlacher if he wants to speak to that. Director Erlacher states that, basically, if they have a $16M bond coming off, which is a $.6M payment, he says, okay, we can issue another $16M worth of bonds. He would discuss with the Mayor and try to get the priority list out, which, right now, is the Middle School. If they have any extra money to keep debt service flat, they will get other projects, or sometimes that they may want to do a lot more. The Mayor and Finance Commission may say let’s do the Middle School and roads and the park project. Then he says ok, explaining that debt service will go up $10M or $1M per year and they are looking at 1/3 mil increase in takes to do that, if that’s what they want to do. He explains that is how they work collaboratively. He only goes out in the Spring, usually in the month of March to bond and he meets with all Departments in January and February to give the Mayor and idea of who needs what, when, where and then talks to Finance. Obviously, the Council needs to be involved with this also The Council will be voting on a budget that will have interest only the first year , and, if they take the interest out of there, they issue the bonds for that amount. We work together, all Directors, all departments with the administration, with the Committees. He invites everyone to the bond sale to see what happens, noting that it is an auction between all of these investment houses. They accept the lowest bid, noting that it is quite a process. In the end, it takes six (6) months. The Chair calls on Councilman Eugene Nocera. SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 20 Councilman Nocera, as a follow-up to what Councilman Pessina said, notes that the Public Works Commission does get involved in prioritizing. We have to accept that. There is overlap between the old road bond and the new road bond, which has a new list of roads, and allows them to prioritize the rods that need attention, It is important to note that is that the road bond lists all of the roads and the costs to repair all of those roads. In some cases, those needs change, which is why the new list needs to get out there so we can address it. We can address the other roads on the new list as needed. There is an overlap and it done by prioritizing by ability to pay. Councilman McKeon thanks Councilman Nocera. That made it clearer. The Council Clerk alerts that the Chair know that the outside bond Counsel, Attorney Michael Andreana, is on the line and his hand is raised. The Chair calls on Attorey Andreana, the City’s Bond Counsel. Attorney Michael Andreana states that he was going to, but Councilman Nocera perfected stated what he was just going to say about the road bond and then need for flexibility. The one thing that the Council need s to remember is, when you typically do bonding for paying, we are doing rejects that typically go to a referendum because they are more than $750,000. By putting that provision there, it gives the Council flexibility to move around the roads. That is the way it gives the City the most flexibility. If that provision was not in there, the only way you could amend the roads would be to have to keep going back to referendum because, since the voters approve it, you can only amend that resolution by another referendum vote. By putting the Schedule A giving the Council the ability to change priorities is really helping the City. The Chair thanks Attorney Andreana. The Chair asks if there is any further discussion. Councilman Grady Faulkner states that he has a quick question. When the parking lot, is that amount that citywide number or is it a couple of lots or has it been defined? The Chair replies that it is not strictly defined in the ordinance; however, it is a citywide number. It is based on the approximate cost of a 500 space garage, but that does not mean . . . it is a ballpark figure. It is primarily to be used at the arcade site where there are existing proposals for development that do have requirements for public parking, but some elements that could also be used for parking They are operating from a parking study that also highlights the North End and other locations. He reiterates that it is a citywide, blanket figure. Councilman Faulkner thanks the Chair. The Chair asks if there is any further discussion. He calls on Councilwoman Linda Salafia. Councilwoman Salafia states that she has two (2) quick questions. She knows that they have discussed City hall and perhaps putting that on the tax rolls, if that property is sold, and offset by the Citizen’s Bank property. She thinks that should put on the record that part of the parking lot cannot be sold. It has to remain pubic property whereas the building itself can be sold ad placed back on the tax rolls. She reiterates that part of that property has a covenant attached to it. The Chair asks if this is the City Hall property. Planning, Conservation & Development Director Joseph Samolis states that he can speak to this question. Director Samolis relies, “Yes,” the portion of the property that was given to the City, which was the courthouse location, has restrictions on it: it has to be used for public purpose, so it could be for public parking, There are segments of Melilli Lot that are not part of that parcel, which could be developed further., if we want to entertain that down the road. The restriction is for public purpose. Councilwoman Salafia notes that the actual City property - the City Hall property - was the actual courthouse, wasn’t it. Director Samolis replies that it was next to the tunnel entrance. Councilwoman Salafia states that it was mentioned, at the beginning of the presentation, that they are doing a comprehensive plan. Director Samolis replies, “Right.” Councilwoman Salafia asks, relative to the property along River Road, is the City acquiring that property and taking it off the tax rolls or . . . Director Samolis replies that it would be potentially both, depending upon what the comprehensive plan calls for. They would look to acquire property so that they have control over how it is developed in the future, noting it would be coming off the tax rolls, if the City decided to acquire it. Again, it would come back to the Common Council for a determination, if they want to purchase it, but it would be off the tax rolls temporarily until the City determines what kind of development it wants anthem go out to RFP (Request for Proposal) for developer to offer what they might envision.  SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 21 Councilman Philip Pessina asks if that covenant can also be used, because the present site if City Hall is a highly acquirable, requested site because of the location, the river, etc. to downtown. So it would not preclude us from getting a developer in there to make the move of City Hall from public-private sponsorship project. The public part is that they would maintain or rebuild that parking lot, but still establish a private entity for that site that City Hall presently sits on He asks if he is correct to say that. Director Samolis states that the municipal lot that is next to City Hall could be developed for private purposes. Say a developer wants to come in and do a multi-use development, something of that nature. The adjacent lot has a restriction on it, still ah s to be for public purpose. So if they buy . . . correct they can incorporate it into parking or a parking garage or want to incorporate it as public parking things of that nature would fall into that covenant. Councilman Pessina remarks that this makes that property more desirable. Director Samolis replies that it makes it more desirable because there is already parking associated with the City Hall lot. The Chair asks if there is any further discussion. There being none, the Chair asks the Council Clerk to call the roll on the acceptance of the Bond ordinance. We would then move on to the next agenda item, which is the resolution. The Council Clerk calls the roll for the bond ordinance, as amended: Councilwoman Blackwell aye Councilwoman Carta aye Councilman Faulkner aye Councilman Darnell Ford aye Councilman Edward Ford aye Councilman Gennaro aye Councilman Loffredo aye Councilman Mangiafico aye Councilman McKeon aye Councilman Nocera aye Councilman Pessina aye Councilwoman Salafia aye The Chair states that the motion to approve the bond ordinance, as amend, is unanimously approved with 12 aye votes. (Councilmembers Blackwell, Carta, Faulkner, D. Ford, E. Ford, Gennaro, Loffredo, Mangiafico, McKeon, Nocera, Pessina, and Salafia. The Chair states the matter is approved. 5. Resolutions, Ordinances, etc. A. Approving sending the bond ordinance, as amended at the special meeting on September 2, 2020, for $55,000,000 for 21st Century Infrastructure Development Bond Program to the voters on November 3, 2020 and approving the referendum question and ballot label. APPROVED RESOLUTION NO: 61020; K:review/ resolution/CC 21stC Infra bond $55M – RES 61-20 – 2 Sept 2020 Councilman Eugene Nocera reads the resolution and moves to approve. Councilman Philip Pessina seconds the motion. The Chair asks if here is any discussion. The Chair calls on Councilman Edward McKeon. Councilman McKeon asks Director Samolis, since this is moving at rapid pace, and it is a good project, He states that he was informed earlier that some were and some were not. Since this planning the future of the City, he is wondering if the Town Planner is involved in this Director Samolis replies, “Yes,” he is aware, noting that all of his office has been made aware. There being no further discussion, the Chair calls for a roll call vote. The Council Clerk calls the roll for the resolution: Councilwoman Blackwell aye Councilwoman Carta aye Councilman Faulkner aye Councilman Darnell Ford aye Councilman Edward Ford aye Councilman Gennaro aye Councilman Loffredo aye Councilman Mangiafico aye Councilman McKeon aye Councilman Nocera aye Councilman Pessina aye Councilwoman Salafia aye  SEPTEMBER 2, 2020 SPECIAL COMMON COUNCIL MEETING Page 22 The Chair states that the motion to approve the resolution is unanimously approved with 12 aye votes. (Councilmembers Blackwell, Carta, Faulkner, D. Ford, E. Ford, Gennaro, Loffredo, Mangiafico, McKeon, Nocera, Pessina, and Salafia. The Chair states the matter is approved. The Chair thanks everyone for joining this special meeting Councilman Nocera reminds the Democratic caucus that it has a brief meeting immediately following this meeting. 6. Meeting Adjournment There being no further business, the Chair asks for a motion to adjourn. Councilman Vincent Loffredo moves to adjourn. Councilman Grady Faulkner seconds the motion. There being no discussion, the Chair calls for a voice vote on the motion to adjourn. The Chair states that the motion to adjourn is approved unanimously with 12 aye votes (Councilmembers Blackwell, Carta, Faulkner, D. Ford, E. Ford, Gennaro, Loffredo, Mangiafico McKeon, Nocera, Pessina, and Salafia) The Chair states the matter is approved. The meeting is adjourned at 8:20 PM. ATTEST: LINDA S.K. REED, COMMON COUNCIL CLERK K: review/ minutes/ 20 September 02 – special meeting minutes – 02 September 2020