Common Council

SPECIAL MEETING OF THE COMMON COUNCIL QUESTIONS TO DIRECTORS WORKSHOP MONDAY, OCTOBER 3, 2022 6:00 PM MINUTES A Special Meeting of the Common Council of the City of Middletown, Questions to Directors, was held on Tuesday, September 6, 2022, beginning at 6:00 PM. This meeting was a hybrid meeting with in-person participation in the Common Council Chamber and remote access via WebEx. The meeting was also simultaneously livestreamed on local cable access television, on the City’s webpage and on the City’s Facebook page. Present: Councilwoman Jeanette Blackwell Councilman Anthony Mangiafico Councilwoman Meghan Carta Councilman Michael A. Marino Councilman Grady Faulkner, Jr. Councilman Edward McKeon Councilman Darnell Ford Councilman Eugene Nocera Councilman Anthony Gennaro, Sr. Councilman Philip Pessina Councilman Vincent Loffredo Councilwoman Linda Salafia Mayor Benjamin D. Florsheim, Chair Daniel Ryan, Esq., Corporation Counsel Linda Reed, Clerk of the Common Council Sr. Detective Semper, Sargent-at-Arms Also Present: Arts & Culture – Kisha Michael, Coordinator City & Town Clerk – Ashley Flynn-Natale Communications – Wayne Bartolotta, Director Economic & Community Development – Barbara Knoll Peterson, Eco. Devel. Specialist/Acting Director Equal Opportunity & Diversity Management – Faith Jackson, Director Finance – Carl Erlacher, CPA, Director Fire Department – Chief John Woron General Counsel – Brig Smith, Esq; Kori Wisneski, Esq. Health – Kevin Elak, Director Library – Ramona Burkey Mayor’s Chief of Staff – Alice Diaz Police Department – Chief Eric Costa; Sr. Det. Semper Public Works – Christopher Holden, PE, Director Recreation & Community Services – Catherine Lechowicz, Director Technology Services – Brianna Skowera, Director Water & Sewer Department -- Joseph Fazzino, Director Youth Services – Justin Carbonella, MPA, Coordinator Absent: Assessor -- Damon Braasch, CCMA II; Director Human Resources – Justin Richardson, Division Director Land Use, Marek Kozikowski, AICP, Director (excused) 1. Call to Order Mayor Benjamin Florsheim calls the meeting to order at 6:05 PM. He welcomes everyone to the Special Meeting of the Common Council, Questions to Directors. The Chair asks Councilman Philip Pessina to lead the Common Council in the Pledge of Allegiance The Clerk of the Common Council reads the Call of the Meeting and the Chair declares the call a legal call and the meeting a legal meeting. 2. Questions to Directors Workshop Opens – Question of Regular Meeting Agenda Items The Chair opens Questions to Directors at 6:07 PM. The Chair recognizes Councilman Eugene Nocera. Councilman Eugene Nocera asks General Counsel Brig Smith to the podium. He thanks Attorney Smith for his efforts with the American Rescues Plan applications and Task Force, noting it is a tremendous amount of time and coordination. He thanks Attorney Smith, the Mayor, and the Committee for their efforts. On tonight’s  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 2 QUESTIONS TO DIRECTORS agenda, the consultant will be considered, a position, which is critically important to continue to move forward. He asks Attorney Smith to explain the process, the amount that they will be voting on tonight. Attorney Smith asks to share his screen. Councilman McKeon explains that the shared screen is not available tonight. The Clerk of the Common Council adds that there is a technical issue with the system this evening, so she is not sure it is available. The Council Clerk will double-check on that access with the videographers. 1 Attorney Smith states that the document is color-coded: red, yellow, and green for go, caution, and maybe not. He continues, explaining that they did an RFQ, published it broad and wide. They received 10 responses from various firms. Only one was Connecticut based. The others were either out of State or national firms in scope. As part of the process, he solicited feedback from colleagues in the Connecticut Association of Municipal Attorneys (CAMA). Asking who they were using and if they liked them. Finance Deputy Director Diana Doyle did the same thing for the Finance Department ListServ. After that. looking through the 10 responses, he scored them based on three (3) criteria. One was the quality and fit – what the proposal looked like, what the firm looked like, would then be a good fit. Some proposals were thin, too thin. Others were too thick, way more than needed. The second criterion was experience: had they done this before, not just grant administration, but, specifically, ARPA. Funding administration. Number three is references. He wanted to know from the folks in the trenches how it was going, adding that is always very important to hear in making a decisions, Prices ranged from a low of about $150Kflat to a high of $829,750 flat. There was a range in between he got an understanding of this market as he got the responses. In the way of cuts, his first recommendation is UHY Advisors. They are 1 Although not accessible electronically during the meeting, a hardcopy of this document was provided.  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 3 QUESTIONS TO DIRECTORS a Maryland-based firm, but have offices in Farmington as well as Glastonbury, he believes. Their proposal would be to do a $108K dollar/year cap for each of three years: 22-23, 23-24, and 24-25. Not to exceed $108,700 per year. They have in years 4 and 5 -- 25-26 and 26-27 – they have language to negotiate a fee structure for these years, but with a 3% cap. That means I would not increase more than 3% over the prior year. They also have an hourly rang of $100 to $345 per hour, which is consistent with the market, right down the middle of the plate from what he has seen. They estimate a total of about 1,500 hours, which is right in line with what we would expect. The low goes from 1,100 hours to 2,693 at the high end. This gives us a sense of what the marketplace looks like, They have done work in a number of cities across the country and in Connecticut, including Bristol, Wallingford, Meriden, Colchester, West Haven as well as national in cities as large as Chattanooga, TN, Tucson, AZ, and Detroit, MI. They represent country governments in some states as well. Beyond that, they are one of the firms, noting there were only two firms that came back from CAMA, this was one of them. Very highly recommended. This was the recommendation that Diana Doyle got back from the Finance ListServ as well. In his mind and in (Deputy Director) Diana Doyle’s as well, he believes, this is the one firm in. The recommendation is to retain UHY Advisors. He put a financial impact of $650K on the resolution. He wants to do that to be on the safe side, adding that he does not think it will cost that much, but he does not want to have to come back to the Council to ask for money just to spend more money. They want to have this as part of the set-aside that they have had since the very beginning for City projects. This is one of the things that they want to have. If you take $108,000 times three years and add a little escalator on that in years 4 and 5, he believes that they are fine at $650K. He is happy to answer any questions. Councilman Nocera adds that it was also the Working Group’s recommendation, having gone through everything with Attorney Smith that UHY is also their choice, unanimously. Attorney Smith adds both the Working Group and the Task Force made their recommendation. The Chair asks Councilman Ford and Councilman McKeon if they have questions, The Chair calls on Councilman McKeon. Councilman Edward McKeon asks Attorney Smith what the work will be and how it will be reported to the City, how the Common Council will get reports as the work is done. He notes that this is his first question. Attorney Smith replies that the first answer is overall operations is that they will take a look at what we have been doing the spreadsheet that we created and have been sharing. He suspects, candidly, that Middletown is ahead of most other groups. He adds that Middletown has done a lot of work most firms would have to do at the front end to organize, make evaluations, and put a distribution list together. Secondly, would be drafting the subgrantee agreements. We have a lot of projects that are ready to go and are waiting on the City to get those agreements ready. That’s operation number 2. They will have a very substantial reporting structure, noting that they have to report to the Feds every quarter as well. At the minute, he expects that the City will get the quarterly reports and anything that well the Council would like to have. We can absolutely get to you. Councilman McKeon asks, if this passes tonight, as he suspects it will, how quickly we will be able to get the money into the hands of the people, who are waiting. Attorney Smith states that, if he is authorized to draw up papers and if the Mayor is authorized to sign on behalf of the City, he will negotiate with UHY that they want to the costs not exceed, want it laid out like this. He will do all of that this week and then shortly thereafter, as he explained earlier, they need subgrantee agreements ASAP. Again, he suspects that they have subgrantee agreement that they can pull out of the top drawer and just say, “Here is what we did in Bristol or Colchester,” for example. Councilman McKeon asks Attorney Smith, in terms of time lines, what he would expect: a month, a couple of months. Attorney Smith replies that he will say, he will get the contract done, our part, within a week. He suspects that this part doing the subgrantee agreement would be in the next two (2) weeks. Dealing with the subgrantee would be as fast as he can. The Chair calls of Councilman Vincent Loffredo. Councilman Vincent Loffredo asks if the Federal legislation that authorizes ARPA also allows for some of that money to be used for administrative costs. Attorney Smith replies, “Absolutely,” adding specifically the consultants. Councilman Loffredo notes that this will be separate from the awards to people for doing various projects. Attorney Smith replies, “Correct.” Councilman Loffredo states that the makeup of the committee . . . he asks if Attorney Smith chairs the committee, Attorney Smith replies, “No,” adding that it was the Task Force as the Task Force, the 13-member group that we have been together to help allocate and administer ARPA funding.  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 4 QUESTIONS TO DIRECTORS Councilman Loffredo asks Attorney Smith if he is a member of the Committee. Attorney Smith replies that he is staff to the Committee. Councilman Loffredo confirms that Attorney Smith is a staff to that Committee. He asks Attorney Smith to list the members. Attorney Smith replies; the Mayor, Gene (Councilman Nocera), Phil (Councilman Pessina), Cynthia Clegg, Pamela Steele, Brianna Skowera, Kevin Elak, Rev. Harville, Rev. Anderson, and maybe a few other people, who are not coming to his mind immediately. Councilman Loffredo states that, substantially, between the Council, the Mayor, and Directors of various departments make up the majority of the ARPA Committee and its recommendations. He notes that, as he reads the resolution, at some point, what will be the arrangement, what will be put into effect for these folks he is recommending; UHY Advisors. Attorney Smith replies that he will draw up a retention agreement that they are the consultant, here are the terms, and we will get moving. Councilman Loffredo asks if we have a contract, a proposed contract, that we will get this evening, Attorney Smith replies, “No, adding that it is necessary to negotiate with them to come to terms. He views it as a fairly broad grant of authority to come to terms with them on a contract similar to what they have outlined in their proposal, costs to exceed $108K per year (inaudible). Councilman Loffredo asks if that contract will come back to the Council for authorization for the Mayor to sign. Attorney Smith replies, No,” adding that the resolution authorizes the Mayor to execute all that is necessary to do, prior to review by OGC (Office of General Counsel) as to content and form. Councilman Loffredo states that they will not be following the Charter, regarding that we will have a contract and authorizing and the Charter on authority and responsibility of the Council to authorize the Mayor to sign all agreements. This would be a significant agreement. Attorney Smith asserts that it would not violate the Charter in any respect. Councilman Loffredo replies that he is not saying that it violates the Charter. What he is saying, as he reads the Charter, in terms of the duties and responsibilities of the Council, in terms of their responsibility, and bring that responsibility forward regarding the authorization for approval of contracts. Chapter and verse, it is not an issue, bit maybe we can get some clarification. Under Chapter III “Common Council” at Section 4, “Authority of the Common Council,” Section B.5 Attorney Smith interrupts . . . (inaudible, multiple speakers). Councilman Loffredo continues, reading the following Charter text, “to review and approve all contracts, including agreements to settle litigation against the City, . . . which create a financial responsibility, . . . . ” He adds that it seems to him that we don’t have . . . Councilman Loffredo recounts that Councilman McKeon asks some questions about duties and responsibilities, say we are looking at spending money administratively, which is totally appropriate. He states that the Council should have the opportunity, according to the Charter, adding that it is clear and unambiguous, to review this proposed contract yet to be finalized or recommended and then moving forward from there to the Mayor to sign on to it. He asks what would be the problem of that being done. Attorney Smith replies that the Charter is clear and unambiguous as to the Council’s power to do that, not that it must do that. He notes that the resolution authorizes the Mayor to do so in a delegation of authority under the Charter to do just that. It does not mean that the Council needs to pass the resolution. If the Council wants to say that it will not pass the resolution until it sees the actual contract, then they will come back next month and do that. He adds that what the Council has before it does not violate the Charter in any way. Councilman Loffredo replies that the Charter says that we have the power and authority to do this, correct. Attorney Smith replies that the Council has the power, but also has the power to delegate. Councilman Loffredo states that, normally, when we do contracts, we would follow the Charter requirements. Attorney Smith replies that we do follow the Charter requirements and we have in the past, had resolutions, authorizing the Mayor to execute documents subject to approval as to content and form by the OGC. Councilman Loffredo states that the matter before the Council involves the Council specifically. At the end of the day, we have Council representative on the Committee, as a whole, recommends the expenditures or recommends the expenditure of millions of dollars. As the resolution says, this is over $21M in Federal money that we are expending. We are now at the point where we want some checks and balances, in terms of review: what has been done, what the Committee has done, and what we – as a Council - have authorized and approved. He would like to know that we are hiring someone to oversee what has been authorized on our side.  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 5 QUESTIONS TO DIRECTORS He strongly recommends that the Council see the contract. He notes that Attorney Smith had a spreadsheet. It seems that, in light of our responsibility, and how we have handled this, it is a matter that we were aware of the fact that the ARPA money was available. We passed a resolution and set up a committee. It was understood that the committee would come to the Council to receive approval. Now we are at the stage of setting into effect a very important administrative oversight. Councilman Loffredo asks who else has reviewed the section of the various groups that came in other them Attorey Smith. Attorney Smith replies that he went through each proposal and gave a recommendation to the Task Force. He adds that he does not know if the Task Force members, individually, went through in detail, but that was the process. He gave his recommendation. To clarify, Councilman Loffredo asked him if, as a legal matter, this is out of order. No its’s not. As a legal matter, it is perfectly permissible for Council to authorize this resolution. As a policy matter, if the Council would like to wait and have a resolution that comes back after a contract is negotiated and drafted, adding he states that he was not going to negotiate the contract. Councilman Loffredo states . . . Attorney Smith interrupts, saying, “Excuse me.” He continues, stating that, in advance of the Council authorizing retention of a consultant, time is of the essence. That is a policy decision for you to make. If you would like to authorize the drafting and retention of a consultant agreement, he can do that. If the Council wants to have another discussion on it and for the agreement to come back, we can do that next month as well. Attorney Smith states that it is a policy matter, not a legal. Councilman Loffredo states that, for consideration, the Council has, and Attorney Smith is not disputing that, the Council can ask that the contract that he is suggesting or negotiation come back to the Council. We can review it and discuss it and it would go through General Counsel Commission. Attorney Smith replies, “No,” adding that it would not go through Commission, as it is just a contract. Councilman Loffredo states that, normally, some of the Councilmanic commissions do have an opportunity to look at documents that are going to go to the Council. This would be an agreement with the group that Attorney Smith is recommending be hired. Attorney Smith replies that, to the extent that a committee review is required, the committee jurisdiction would be the Task Force. , noting that the Task Force has already made its recommendations. Councilman Loffredo states that the Task Force has not seen a proposed contract either. Attorney Smith replies, “No, of course not.” Councilman Loffredo states that it has yet to be determined. We have been given a name. With no disrespect to anyone, we do not see the “nuts and bolts” and what is behind all of this. From his point of view, based on his understanding, and his responsibility in terms of financial matters on the Council and we would handle something very important in the nature of the $21M+ dollars from the Feds and who we are hiring. The question is asked that we have an agreement, in writing, reporting, and all the rest. He notes that he will leave it at that. He appreciates Attorney Smith’s response. The Chair calls on Councilman Edward McKeon. Councilman Edward McKeon states, on a different topic: a councilmanic committee met earlier this month. We took a vote. We were told that the vote had to be disregarded because the matter had to go before the Council. The reason was that the committee is just advisory. He wants to clarify for himself and his colleagues, in terms of councilmanic committees, what their authority is to move a matter forward. Attorney Smith replies, “Sure.” He states that the Charter provides that there shall be such commissions of an advisory nature, as the Council deems fit. There are Councilmanic commissions. A second portion of the Charter emphasizes that they are advisory. We are not Congress. Congress has a strong committee model. You can kill something in committee in Congress. You cannot do that in Common Council. The point of a committee is to try to provide some structure, some thought, some guidance, some advice to be advisory. To the Common Council, but you cannot keep something spinning in committee. Matters do come before the Common Council. A single Councilmember can do it. The Mayor, in sponsorship by a Councilmember, can do it. It does come to Council. They are advisory in that respect. The Chair calls on Councilman Anthony Gennaro, Sr., asking him if this question is for Attorney Smith or another Director. Councilman Anthony Gennaro, Sr. replies that the question is for Attorney Smith. Councilman Gennaro states, as to Councilman McKeon’s point, if a matter fails in committee and comes to the Council, he is not seeing where it states that the item failed in committee. For transparency purposes, the document should say that. That is transparency, not only for the Council, but also for the public. These are things that we need to work on. There are similar issues on EDC (Economic Development Commission) matters that should not have come out of committee when they should have been held back. It is something that we should work on in the future, knowing that we are in our last year here. He believes that, in the future, we need to look into these matters. The transparency issue for the public is most important.  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 6 QUESTIONS TO DIRECTORS Attorney Smith replies, to that point, the Council ultimately, noting that this is the Council’s body, You decide how you want to organize your body and, if a committee is saying that they don’t recommend it, but it comes to the Council, then seven (7) of you can say that the committee jurisdiction doesn’t like this. Let’s send it back to committee and have them look at it until there is something that they do like. That is one way to solve the problem, if it is a problem. There are a number of ways you can do it, but it is ultimately up to the Council to organize its own process, adding that, however you do that, it is for the Council to decide. Councilman Gennaro replies that the point is that the committees are advisory and it should be clear, transparent. The Chair thanks Attorney Smith. He asks Attorney Smith to provide a hardcopy of that spreadsheet. Attorney Smith replies that he will make hardcopies for everybody and distribute them as soon as he is done there. The Council Clerk asks Attorney Smith to leave a copy of the spreadsheet for the minutes. Thank you. The Chair calls on Councilman Darnell Ford. Councilman Darnell Ford calls on Police Chief Erik Costa. Councilman Ford states that, on this agenda, Chief Costa is requesting a waiver of the residency requirement. He asks Chief Costa to explain his request. Police Chief Costa thanks the Council for allowing him to speak on this. He thinks a waiver is not what he is looking for; rather, it is an extension. He thinks that all Councilmembers know that he is sun setting here in his first year as Police Chief. Coming in to the City, he went through the hiring process that. He sat in front of the 12 members, if not more, regarding the importance of the City and what it needed for the Police Department, from that group. He was selected as Police Chief. One way or another, he was selected as Police Chief. This world has changed dramatically over the past three (3) years. It has changed for his family and many others that he serves. The purpose of this extension is the support of his family, understanding of the world that we live in today, and the movement of a family to a City that he loves, absolutely loves. There is no question that his commitment is unwaiverable. The last year, he has worked on partnerships, stakeholders, youth programs, building lines of communication that were never part of the agency, looking to bring policing and balance to policing, to enforce law, and be able to be approachable to be sure that we are being serviceable to those we serve and who visit us in this City. He put himself out privately, writing a letter during Pride Week. Having his brother, part of his family, his hero, being part of the Free Center and speaking with young people and bringing their critiques as to what policing should be like in the City, open conversations, making them part of the process. He has established two (2) task forces in the Police Department: Community Service Task Force and Operational Task Force. From bottom up, it gives people a voice of their agency. It builds commitment in their department so, one day, they can replace him. He knows that there have been concerns around things that come around this request. He made the decision earlier today to write the Mayor a letter regarding his vehicle and private use of his vehicle, which is a benefit of his employment. He has given back that vehicle, if he is able to get an extension of this waiver, put himself in a better position moving forward. He is looking for support from the Council to still be the leader of this department. The processes that we have been building over the past 12 months. He has developed a Community Services Division that has focuses and committed an outreach of the Police Department to ensure that we are policing correct. He has established social workers in the department in one year. With the partnerships with River Valley Services to service, the critical can those who are most vulnerable in the community. He has partnered with Middlesex Chamber of Commerce in these stakeholders to provide services in the North End and other areas of the City to ensure that we are doing and working to solve the root causes of problems on the City. We are effectively doing that together. He says all of these things because he is asking for an extension. He does believe that he has to live in the City. He understood that when he got hired in the 4-corners of that ordinance. He is asking for breathing room as a father and an understating of the work in real estate markets and everything else. He doesn’t want to go into numbers and details that is obvious, as we have seen this across the nation. This is his request. He is open to answering any questions. He feels that his family is private, He has met with the Mayor during his whole process this year, keeping him up to date on everything that he is doing privately with is family and leading to his standing here today. He is being completely transparent. He thanks the Council and is asking for their consideration. The Chair asks if Councilman Ford has anything further. Councilman Ford has no further comment. The Chair calls on Councilman Edward McKeon. Councilman Edward McKeon thanks Chief Costa, adding that he has never questioned his performance or the improvements that he has made. He would like to know from the Chief: (a) why he feels . . . there is an ordinance that requires certain personnel to live in the City. From the standpoint of someone, who is the head of a major public safety division in the City, he asks Chief Costa why he thinks it is important to have feet on the ground and roots in the City. Chief Costa replies that it is the sense of presence. He knows his position. He knows those who have this position prior to him. Learning from them, and from discussions with other Chiefs across the State, that presence of a Chief is a City is a major component. He recognizes that. He sees that every day when he enters any of  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 7 QUESTIONS TO DIRECTORS our businesses or speaks with schoolchildren. He understands his position. He thinks that is why he understands the ordinance. He knows that there has been national comments about police officers being residents. That is an argument for another day. That has nothing to do with a ranking official like himself. He recognizes that. When he first started this process, a month or two ago, the request is an extension. He thinks that the waiver is something that was proposed to him and went with it, but was not seething that he needed. What he is looking for is an extension so he can bridge the hurdle of what they are currently going through. Councilman McKeon replies that is great. He notes that the City has an ordinance. He intends to ask for an amendment saying that there will not be any further extension. He asks if that is okay with Chief Costa. The chief replies, “Absolutely.” Councilman McKeon states that for himself and for his colleagues that have had some doubts . . . Chief Costa states, “Some doubts.” Councilman McKeon states, “Yes, some doubts.” He is being candid. He states that he has been on the fence on this because the Chief knew what he signed when he came it. He adds that he understands, asking that the Chief correct him if he is wrong, but that after the Chief signed the contract he actually moved to a different location, but not to Middletown. Councilman McKeon asks if that is true. Chief Costa replies that it is true, adding that he notified . . . Councilman McKeon interjects, saying that he does not need to hear the reason, but that creates for himself – adding that he cannot speak for his colleagues; he can only speak for himself -- it creates some doubts about the sincerity of the promise. He is family person and deals with problems as well. His kids grew up in Middletown and were raised in Middletown. He loves Middletown. He believes that the Chief does, too, but he wants the public to know that the doubts that they have had, there was a reason for them. There were action taken by the Chief that placed those doubts. Despite the fact that they want to be liberal and . . . Chief Costa interjects, saying, “Transparent.” Councilman McKeon states, “Yes,” noting that transparency is obviously important, but, for us, it is a matter of reestablishing trust that by next October, hopefully in the next couple of months, the Chief will be looking for a place, if it (the request extension) passes. Councilman McKeon adds that he wants to explain to the Chief and to the public that there are reasons why this is not as easy an “ask” as it might have been. Thank you. The Chair calls on Councilman Anthony Gennaro, Sr. Councilman Anthony Gennaro, Sr. states that he wants to say that a lot of what Councilman McKeon has said is the same for him. This is not about the Chief personally, but he will say that when he was in the Police Department, there was an issue of this happening over and over again and it caused a lot of friction, political stuff, that was hated at the time. Having been a police office in Middletown for 20 years with his kids in the district, going to school here, there was obviously a lot of hardship. It is hard to live in a community, to have kids having grown up here, and get all of that. A lot of what Councilman McKeon has said is spot on is the public reaching out to Councilmembers and complaining about that, asking when is this going to end. Unfortunately, the Chief is now coming in with the same, no matter what the reasons are -- legitimate or not - it comes across to the people in the community, to our constituents, that something is off. It does not matter. The perception is that and the perception is reality. He adds that he thinks that the Chief has done a good job. He is disappointed that he Chief is not here, adding that he wishes that there were house next to him that the Chief could move into. There is a lot of pressure in the Council when they hear these things over and over again and you hear things like, “They keep on changing the rules.” They want us to stop it. Personally, he thinks that perhaps the ordinance needs to be changed. We need to change it completely so we can follow the rules. Maybe we make it so no one has to live here or establish a radius, he adds that he sees others towns where they have different rules for where people have to live, is it in the community or not. The change may be needed so that we do not have to keep repeating this. It is a process where we keep on having this happen over and over again, something that has been ongoing for 20 years: from the Chief who hired him to the last Chief before he retired. Almost every Chief, including one who lived a far distance, which caused many issues. There was a major power plant issue and the Chief was not here on time. Things like this come up and put a lot of pressure on us. Councilman Gennaro wants the Chief to know that it is not personal. He is more upset about the process. Chief Costa states that he appreciates that. He asks if he may respond to that. Unidentified speaker (inaudible) Chief Costa states that he talks about this a lot with command staff based on past experience. Everyone knows that his past experience is with the State Police. He was with Major Crimes for 3 ½ years, covering the State of Connecticut. The ride that he now has is common. He did it for his drive to Headquarters in Middletown from where he currently lives. He reiterates that it is not uncommon for him to drive this distance, having done it for 20 years. That is just past experience. He wasn’t expecting what he endured over the past couple of weeks. He did not, first of all, . . . he wants to say sorry to his department. He knows that it has stressed them out the officers. It is about them. It is not about him. This request is about him, but they should not be drawn into this request. It is not fair to them and, for that, he apologizes. He can hear what Councilman Gennaro is saying  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 8 QUESTIONS TO DIRECTORS about past chiefs. Some stayed that had waivers for 11 or 12 years. Some stayed 9 years. Some did not make it that far. He adds that he knows that there is a gambit for all of them. Right now, he can only ask for his request. Living in the pandemic has affected teenagers, adding that he has two (2). It has affected family life. He wants to make sure that they have the support that they need to be successful. It’s not that they won’t get it here, but they are there. With regards to our scenario, that is the best place for them to get through this year. The Chair calls on Councilwoman Jeanette Blackwell followed by Councilman Eugene Nocera. Councilwoman Jeanette Blackwell states that she wants to say, publicly, that she was not going to speak, but, rather, let her vote speak for itself. She thinks that it is important, as the public will be looking to hear from her, she will not be supporting the waiver extension. As a member of the General Counsel Commission (GCC), she notes that this matter came before them. It does appear that Chief Costa is acclimating well, which she said at the GCC meeting. The Chief has always been responsive and she appreciate his responsiveness., but she thinks that the residency requirement exists for a reason, She imagines that the folks who sat in this Council before her developed this requirement because they saw value in the City’s leaders residing I the community. She said this to the Chief at the GCC meeting She also feels, adding that she wants to say this publicly, that she supported Chief McKenna’s waiver at the time, Chief Costa’s predecessor, because he served in this community for 20+ years. She notes that she stated this fact at the GCC meeting, She believes that Chief Costa’s waiver request out of the gate is very different from Chief McKenna’s her rationale for supporting Chief McKenna was very different from her not supporting Chief Costa’s request. She wants the public to hear this. The Council is talking a lot this evening about what she hears described as the Chief’s external accomplishments. She thinks they are great. The jury is still out on the internal aspect, his leadership; however, she has no doubt after a year on the job that things will continue to move positively for the Chief. She reminds Chief Costa that at the initial GCC meeting, she did ask the Chief candidate if he would relocate and he responded, “No.” His response did change, which has created some doubt from her. She reiterates that she wanted to say this publicly, explaining why she cannot support his requested extension of the waiver this evening. She adds that she did tell him that in advance. Chief Costa replies that Councilwoman Blackwell’s transparency is great. Councilwoman Blackwell continues . . . Chief Costa interjects . . . Multiple speakers (inaudible) Councilwoman Blackwell states that she is not done speaking. The Chair asks Councilwoman Blackwell if there is a question. Councilwoman Blackwell replies, “No,” adding that she would like to finish. The Chair interjects, reminding Councilmembers that they will have discussion during the Council Meeting, adding that this is Questions for Directors. Councilwoman Blackwell replies that they are running out of time and she is the only person being cut off when others have taken all of the time that they need. The Chair replies that he understands, but a question mark at the end of the . . . Councilwoman Blackwell asks the Chair if he is asking her if there is a question. The Chair replies, “Yes, if there is a question.” Councilwoman Blackwell replies that she does not have a question. She just wanted to make a statement. She will not be supporting Chief Costa’s request for a waiver. She wants Chief Costa and the public to understand why, adding that she and Chief Costa have had conversations about her position. The Chair states that there will be opportunity for discussion during the Council meeting. The Chair calls on Councilman Eugene Nocera, saying next question to you. Councilman Nocera states that he will wait for the ordinance to come up. The Chair calls on Councilman Philip Pessina. Councilman Philip Pessina thanks Chief Costa for being here, noting that Chief Costa’s opening comments are a testimony to his professionalism and to his length in law enforcement across the State and this country. He asks Chief Costa, when he started to look at moving here, to the community, to the present, what are the conditions real estate wise, economically wise, that caused him concern as he tried to establish his residency in this City, which is much different than the 5 extensions that the Council has previously given. He asks Chief Costa to explain this to the Council.  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 9 QUESTIONS TO DIRECTORS Chief Costa states that he has actively been looking for a residence since last year. There were four (4) residences, to be exact, and there were five (5) bids in. The market has increased over 33 percent since he was looking at this. Interest rates are now at 6.5%, which is nothing compared to the 1980s when rates were close to 18%. Regardless, there are things that affect real estate that we have talked about, where you are going. These things are important when you are looking at homes. That has changed dramatically in 12-months, never mind five (5) years. He believes that looking at these things, having a child getting ready for college, those things are very important to him. He feels that an extension would put him in a better mindset as to where he wants to go and how to do it, and give him breathing room. That is the best way to say it, with everything going on, being the Chief, yes, things compile. Little frustrations occurred. That is what brought him to his request. Councilman Pessina asks Chief Costa if it is his feeling that, if the economics, previous to Covid, was the same now as it was then . . . Chief Costa interjects, saying that he would be in the City. He would be able to afford it. Councilman Pessina replies, “Absolutely, absolutely.” Councilman Pessina asks his colleagues to think about that. He states that, when he moved back to the City, he had to think about that also. but it was a much different time. He thanks Chief Costa for his honesty. The Chair calls on Councilman Vincent Loffredo. Councilman Vincent Loffredo thanks the Chief for being here this evening He offers a quick summary. He asks Chief Costa what his understanding is as to what the Council is being asked to approve this evening. Chief Costa replies, “An extension.” Councilman Loffredo asks, “For how long?” Chief Costa replies, “Whatever you feel is necessary,” adding that he is asking for 12-months, if possible. Councilman Loffredo notes that Chief Costa is asking for a year. Chief Costa replies, “Yes.” Councilman Loffredo notes that there is also discussion . . . he asks if Chief Costa is in agreement that he will not . . . Chief Costa interjects, saying that he will not be coming back to the Council. He reiterates that he will not come back to the Council. Councilman Loffredo states that, a year from now, Chief Costa . . . Chief Costa states that he will live with it. Councilman Loffredo continues, saying that, a year from now Chief Costa will no longer be the Chief of Police because he will have not moved into the community. Chief Costa replies that is not what he is saying. He explains that he will not come back to the Council for a waiver or extension. He will be in the City. Councilman Loffredo asks Chief Costa what his understanding is of the waiver requires him to do. He states that the Chef will have moved into the City, correct, in a year. Chief Costa replies, “Correct. Yes.” Councilman Loffredo continues, saying that, if Chief Costa does not move into the City, his employment, when he initially signed the contract . . . Chief Costa interjects, saying (inaudible) Councilman Loffredo continues, stating that the initial contract of employment is contingent upon his moving into the City, he asks Chief Costa if this is his understanding. Chief Costa replies, “Yes, it is.” Councilman Loffredo states that he would like to clarify: Chief Costa will not be back here for a waiver. He will have moved into the City and life will go on. He will have moved into the City and will be the Chief (of Police), having met the . . . Chief Costa replies that it will have been a little hiccup in his career.  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 10 QUESTIONS TO DIRECTORS Councilman Loffredo replies, Okay,” adding that this is what will be before the Council this evening. He ask Chief Costa if he is good with that. Chief Costa replies, “Yes, I am.” The Chair asks if there are any further questions for the Chief. Chief Costa thanks the Council. The Chair asks if there are questions for any other directors. The Chair calls on Councilwoman Jeanette Blackwell. Councilwoman Jeanette Blackwell states that she has questions for Russel Library Director Burkey. The Chair states that Director Burkey is on WebEx so we can hear her, but not see her. Councilwoman Blackwell states that she can hear Director Burkey, but not see her. She states that she has a couple of question about the report that was submitted. It is great that at the Cross Street event 17 library cards were issued. She emailed a question to Director Burkey in advance. She asks Director Burkey to elaborate on how she is finding connections. She adds that she has a question about the equity, diversity, and inclusion plan that is underway with the library. She asks if Director Burkey has a target date. Two questions: (1) How is Director Burkey defining connections; and (2) What is the EDI Plan target date for completion of that plan. Director Burkey replies that, for the first question, the connections in the context of the back-to-school fair were simply the number of people, who approached them at the library table and who they were able to talk to about Russell Library services -- whether about free online homework help, workplace development help, programs at the library, etc., -- including people, who got library cards that day. They had high technology that they used at the table: a little hand-held clicker to count the number of people, who came to the table. That is how they get the number of connections. In terms of the second question, the EDI Plan is really in the very early stages. They do not have a target date for completion. In fact, internal staff – the equity and inclusion team - is meeting tomorrow to have its next discussion about that. They wanted to be intentional and give a lot of thought to things like hiring practices and materials and programs and collections, policies, etc. It is likely going to be a lengthy process, but they want to do due diligence on that. Councilwoman Blackwell replies, saying, “Excellent, thank you.” The Chair asks if there are any additional questions for Director Burkey. The Chair calls on Councilman Vincent Loffredo. Councilman Vincent Loffredo states that he has questions for another director: Recreation Director Catherine Lechowicz. The Chair notes that Director Lechowicz is on WebEx remotely and will be on shortly. Councilman Loffredo confirms that Director Lechowicz is online. He notes that resolution 10E deals with various fees that are being recommended for Council consideration for the Recreation Center and the Senior Center, indicating that these fees will have no impact on the FY22-23 budget. He asks if this means that these fees will not go into effect until the FY24 budget. Director Lechowicz replies that what she meant by that, adding that she apologizes because she had an attachment to provide, that it is not in Granicus.2 It will not affect expenses. It will provide revenue, but not expenses in terms of the financial impact in that regard. Councilman Loffredo states that what the Council does not have . . . He asks is these fees are currently in effect for the current budget year and now being modified. Director Lechowicz replies that they have fees that are currently set for the Senior Center. The fees being set for the Recreation Center are taking into consideration what they currently have that the Senior Center as well as the market analysis, reaching out to similar facilities in the area as well as the Board of Education in setting those fees. They made a slight adjustment to the current fess at the Senior Center, including the hourly rate since these fees were set in 2014, and staff wages were changed. They charged the staffing fee from $35 to $40, recognizing the increases in staff wages. Councilman Loffredo asks Director Lechowicz if, in the absence of a spreadsheet or attachment that go along with the resolution, although there is a listing of the Recreation Center, the Senior Center and the custodial costs, what they currently are and what may be now. He asks that she do that for the Council. Director Lechowicz states that, at the Senior Center, they currently rent the cafeteria and multipurpose room at the current rate of $70. It is shifting to $75, which would be in line with the Recreation Center for the multipurpose room. All of the other rooms at the Senior Center are staying the same, which is $50/hour. They are using the equivalent at the Recreation Center. The current staff fee is $35/hour and it will go to $40/hour. At the Recreation 2 No attachment was submitted either prior to this meeting or at this meeting.  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 11 QUESTIONS TO DIRECTORS Center, there are new spaces, including the pool. Again, they did a market analysis as to what the YMCA charges, what Wesleyan charges, what other recreation centers with a pool is charging, This is very reasonable rate while also covering costs and, potentially, having a revenue opportunity. There is no gym at the Senior Center, so that is a new cost. This is actually less than what the Board of Education charges per hour. People rent the gym. They have a loft space and went with $45, which is comparable to what the fees are at the Senior Center. Councilman Loffredo states, as a quick follow-up, new fees $75/hour, as he reds it, is non-profit or individual for pool costs. Director Lechowicz replies, “That is correct.’ Councilman Loffredo states, if he shows up as an individual and wants to use the pool, he will be charged $75/hour for his use. Director Lechowicz replies that they would charge $75/hour as well as requirement for insurance, which the City requires and is part of the booklet that they provide all of information to renters. Councilman Loffredo states that, as an individual, he asks if he has to be a member of the City of Middletown - - a taxpayer, a resident – to pay these rates. Director Lechowicz replies that for these, it is not based on residency, although if he wants to make a recommendation, it also has to be during staffing hours, otherwise staffing fee would be paid. Councilman Loffredo indicates that he has another follow-up. A non-profit or for profit group comes to use the pool. Is it charged as the group charge of five people, either profit or non-profit – say would pay $75 or $150, but a profit or non-profit. He asks how it is going to be established. Director Lechowicz asks Councilman Loffredo to rephrase the questions. Councilman Loffredo states that they have non-profit and for-profit in the charges. He is trying to understand. Non-profit is usually and organization, not an individual. It says non-profit or individual $75. So a non-profit groups asks use the pool, and they have, say, five people coming to use the pool as the non-profit. Are they paying $75 times the five people in the group to use the pool? Director Lechowicz replies, “No,” indicating it would be the group rate for the non-profit group rate at $75/hour. Councilman Loffredo state, if the group has 20 people, they would just pay $75. Director Lechowicz replies, “That is correct,” adding, if it is organizational purpose for that non-profit organization that is the fee that they would pay per hour. Councilman Loffredo states that, in this item, prior to the Recreation Center being set up, the pool was used, as he understands it, by senior citizens at the existing pool. The existing pool, as he understand the renovations, it is the same pool. It was not modified or cleaned up or made larger or enhanced It is no bigger than it was before. Is that correct? Director Lechowicz replies, “Correct.” Councilman Loffredo asks if the senior citizens were paying for use of the pool. Director Lechowicz replies that, to clarify, this is for programs outside of what the Recreation Department will run. The Recreation Department will continue to offer swim programs through the department. To specifically answer the question about seniors, there was an opportunity for swimming and, depending upon age, that varied, but it it was a modest fee that people would pay to swim. The Recreation Department will continue to offer very accessible programs to ensure that people have access to the pool. This is simply for rentals, for personal use, or organizational use. Councilman Loffredo notes that people, using the pool, will continue to use the pool under the existing terms that have been in effect. These rates are joist for a new group of users. Is that correct? Director Lechowicz replies, “Absolutely,” adding that the Department will be offering swam access to people though the programs -- water fitness, lap swimming, swim lessons -- and this does not apply to that. . This is for people who wanton rent the facility. Councilman Loffredo thanks Director Lechowicz. The Chair notes that it is 7:03 PM so they need to start the regular meeting. He apologizes to those who may still have questions for Directors. 3. Questions to Directors Workshop Closes  OCTOBER 3, 2022 COMMON COUNCIL – SPECIAL MEETING Page 12 QUESTIONS TO DIRECTORS The allotted meeting time having expired, the Chair closes Questions to Director at 7:03 PM. 4. Meeting adjourned Councilman Philip Pessina moves to adjourn. Councilman Eugene Nocera seconds the motion. There being no discussion, the Chair calls for a voice vote. The motion to adjourn is approved unanimously by a vote of 12-0 (AYE: Councilmembers Blackwell, Carta, Ford, Faulkner, Gennaro, Loffredo, Mangiafico, Marino, McKeon, Nocera, Pessina, and Salafia). The matter is approved. The meeting is adjourned at 7:04 PM ATTEST: LINDA S.K. REED, COMMON COUNCIL CLERK K review/ minutes – 2022 Oct 03 – Ques to Directors – 3 Oct 2022