Common Council

COMMON COUNCIL REGULAR MEETING MONDAY, JULY 1, 2024 7:00 PM Hybrid Meeting ---------------------- MUNICIPAL BUILDING COMMON COUNCIL CHAMBER -and- Remotely via WebEx WebEx.com Join a Meeting Event # 2341 361 7846 Password: Middletown or Dial 408-418-9388 Access Code: 2341 361 7846 NOTE: if calling from a phone, please press *3 to activate hand raise function AGENDA 1. Call to Order A. Pledge of Allegiance B. Council Clerk Reads the Call of the Meeting and Mayor declares call a legal call and meeting a legal meeting 2. Accept/Amend the Agenda 3. Resolution: Honoring Biagio “Max” Corvo – WWII Veteran and OSS Intelligence Officer 4. Approval of Minutes A. Common Council – Special Meeting (Questions to Directors) on June 3, 2024 at 6:00 PM B. Common Council – Regular Meeting on June 3, 2024 at 7:00 PM July 1, 2024 COMMON COUNCIL -- REGULAR MEETING Page 2 5. Public Hearing on Agenda Items A. Public Hearing -- Proposed Lease Agreement a. Legal Notice: Mayor requests Council Clerk to read public hearing notice for proposed lease agreement Proposed lease 6,000 sq. ft. of City property at the R. M. Keating Historical Enterprise Park, 180 Johnson Street to the Middletown Board of Education for a five-year term, with an option for the tenant to renew for an additional five-year term, and with a commencement date of July 2, 2024. b. Public Hearing on Lease Agreement -- Opens c. Public Hearing on Lease Agreement – Closes B. Public Hearing on All Other Agenda Items -- Opens 6. Public Hearing on Agenda Items – Closes 7. Old Business A. ORDINANCE: Amending Article II (“Noise Ordinance”), Section 206-3 (“Exemptions”) of the Code of Ordinances of the City of Middletown, adding Paragraph T to the list of exemptions; namely, an exemption for noise generated on properties known as 245 deKoven Drive, 80 Harbor Drive, River Road (Map/Lot 33-0009), 22 River Road (Map/Lot 33-0007), and 44 River Road (Map/Lot 33-0006) pursuant to the lease of the property by the City of Middletown to NHCPA Riverbend, LLC for use of the properties as an outdoor music venue. (TABLED and Remanded to General Counsel Commission on May 6, 2024; REMAINS ON THE TABLE on June 3, 2024) SUBSTITUTION: Amending Article II (“Noise Ordinance”), Section 206-3 (“Exemptions”) of the Code of Ordinances of the City of Middletown:  Amending Paragraph I to increase window of time to use of engine-powered lawn care and maintenance equipment from 8:00 PM to 9:00 PM;  Amending Paragraph L to increase the window of time for construction from Monday through Saturday until one hour after sundown to until 8:00 PM;  Adding Paragraph T, listing exemptions; namely, an exemption for noise generated on properties known as 245 deKoven Drive, 80 Harbor Drive, River Road (Map/Lot 33-0009), 22 River Road (Map/Lot 33-0007), and 44 River Road (Map/Lot 33-0006) until 11:00 PM on Monday through Thursday, and until midnight on Friday and Saturday nights; and  Adding Paragraph S to exempt noise created by refuse, recycling, and other solid waste collection between 4:00 AM and 8:00 PM. 8. Mayor requests Council Clerk to read appropriation requests and the Certificate of Director of Finance A. Sanitation: $50,000 -- Acct No. 2020-40000-55410-0000-00000-0000-000; additional funds to cover increased costs for sorting and disposal of City solid waste 9. Department, Committee, Commission Reports and Grant Confirmation Approval A. City Clerk’s Certificate B. Monthly Reports -- Finance Department: Transfer Report to June 24,2024 July 1, 2024 COMMON COUNCIL -- REGULAR MEETING Page 3 C. Appropriation Report -- FY 2023-2024, (July 2023- June 2024) D. Health: Acct. No. 2460-31000-57030-0000-03335-0000-000; donation for Kids Health & Safety Day from Middletown Pharmacy: $250 E. Board of Education: Acct. No. 2450-33000-59405-x-03025; miscellaneous grants: $534,698.44 F. Board of Education: Acct. No. 2450-33000-52183-x-x; cafeteria/ food services: $530,819.30 G. Board of Education: Acct. No. 2450-33000-59400-x-03030; grant ARP Esser Homeless Children: $18,192 H. Public Works: Acct. No. 3527-22000-59200-0222-35149-0000-000; State grant for waste reduction of small beverage containers: $32,160 10. Reports to the Common Council A. Riverfront Master Plan and Arcade B. Route 9 C. Russell Library/City Hall Feasibility Study Committee D. Baker Tilly Compensation Study 11. Payment of all City bills when properly approved 12. Resolutions, Ordinances, etc. A. Approving that Resolution No: 25-24, approved by the Common Council on March 4, 2024, be amended reflect the decline of awarded funding to Joe Fonda/Kaleidoscope in the amount of $500; and that this $500 remain in the Arts & Culture’s grant budget line 1000-26500-59200-0722-xxx until the end of FY 23-24. B. Approving that the following line items be created for the Water Department Fiscal Year 24/25 Capital Non-Reoccurring Fund in the amount of $500,000: 5010-60000-79492-0000-00000-2025-000 Vehicle Replacement $ 70,000 5010-60000-79499-0000-00000-2025-000 Building Maintenance $ 10,000 5010-60000-79500-0000-00000-2025-000 Office Equipment $ 5,000 5010-60000-79501-0000-00000-2025-000 Well Redevelopment $150,000 5010-60000-79502-0000-00000-2025-000 DOT/DPW/Misc. Equipment $ 20,000 5010-60000-79505-0000-00000-2025-000 Laboratory Equipment $ 10,000 5010-60000-79526-0000-00000-2025-000 Computers & Software $ 5,000 5010-60000-79567-0000-00000-2025-000 Water Treatment/PS $80,000 Repair, Replace, Improve July 1, 2024 COMMON COUNCIL -- REGULAR MEETING Page 4 5010-60000-79568-0000-00000-2025-000 Water Meters $ 30,000 5010-60000-79571-0000-00000-2025-000 Hydrants $ 20,000 5010-60000-79574-0000-00000-2025-000 Water Distribution $ 30,000 Repair, Replace, Improve 5010-60000-79594-0000-00000-2025-000 Customer Billing $ 5,000 5010-60000-58182-0000-00000-2025-000 Property Acquisition $ 5,000 5010-60000-79802-0000-00000-2025-000 SCADA $ 60,000 TOTAL $500,000 C. Approving that, based on available funding and departmental requests, the CNR Plan for the Middletown Fire Department for fiscal year 2024-2025 is approved as follows: and that any funds remaining in the Middletown Fire Department CNR plan be allowed to be transferred into the following fiscal year: ITEM AMOUNT DESCRIPTION (2) Plymovent add-ons $17,000 Exhaust removal systems Technical Rescue Team Equipment $10,000 Equipment replacement Dive Team Equipment $5,000 Equipment replacement Firehouse Furniture $25,000 Replacement of lockers, chairs, beds, etc. Bailout Kits $36,000 Emergency bailout kit for each line FF Matterport Software $8000 Fire investigation and preplanning 3D software (8) Sets Ballistic Equipment $19,291 Additional equipment for spare apparatus Pickup Truck Slide Outs $6,309 Slide outs for staff trucks Total CNR $126,600 D. Approving the Bulky Waste Fund budget for the Fiscal Year 24-25 as follows: Expenditures Repairs/Maintenance to Vehicles $47,600 Motor Vehicle Parts/Supplies $27,600 Bank Service Fees $11,600 Waste Removal $451,100 Mattress Recycling $5,000 Tire Recycling $12,600 Waste Equipment Supplies $20,100 Site Improvements $27,300 Truck Rental/Lease $7,100 Total Expenditures $610,000 Revenues Scale Receipts $494,000 Cardboard Recycling $7,500 Paper Recycling $3,000 Scrap Metal Recycling $55,000 Gift Cards Receipts $1,500 Roadside Bulky Waste Revenue $15,000 July 1, 2024 COMMON COUNCIL -- REGULAR MEETING Page 5 Interest Earned $1,000 Transfer from General Fund $33,000 Total Revenues $610,000 E. Approving that the Mayor is authorized to execute an Amended and Restated Lease with A&R LaMonica Restaurants LLC to operate the restaurant Tate’s at 80 Harbor Drive for the following rental rates, subject to approval as to content and form by the Office of the General Counsel: Lease Year Date Range MONTHLY TOTAL ANNUAL TOTAL Year 1 May 15, 2024-April 30, 2025 $ 0.00 $ 0.00 Year 2 May 1, 2025-April 30, 2026 $ 5,000.00 $ 60,000.00 Year 3 May 1, 2026-April 30, 2027 $ 15,046.88 $ 180,562.50 Year 4 May 1, 2027-April 30, 2028 $ 15,375.20 $ 184,502.34 Year 5 May 1, 2028-April 30, 2029 $ 15,711.72 $ 188,540.68 Year 6 May 1, 2029-April 30, 2030 $ 16,056.67 $ 192,679.98 Year 7 May 1, 2030-April 30, 2031 $ 16,410.23 $ 196,922.76 Year 8 May 1, 2031-April 30, 2032 $ 16,772.63 $ 201,271.61 Year 9 May 1, 2032-April 30, 2033 $ 17,144.10 $ 205,729.18 Year 10 May 1, 2033-April 30, 2034 $ 17,524.85 $ 210,298.20 F. Approving that the Mayor is authorized to sign and submit an application to the State of Connecticut for a grant in the amount of $36,000.00 in Local Capital Projects Improvement Program funds, for the cost of purchasing several Enersys 12V92F-FT Batteries for the City of Middletown Central Communications Center’s telecommunications site; and that a new line item be created in the Capital Improvement Plan entitled “Central Comm. Enersys Batteries” in the amount of $36,000. G. Approving that the Mayor is authorized to execute the Purchase and Sale Agreement, Escrow Agreement, and Lease negotiated with A.T.D. Realty, LLC to acquire the property located at 195 deKoven Drive through a sale-leaseback, subject to approval as to content and form by the Office of the General Counsel, using $3,000,000 in funds from the 21st Century Infrastructure Bond. H. Approving that that the $81,000 of the Public Health Block Grant (FY 24/25) be allocated as follows: Agencies Amount Communicable Disease Surveillance $ 18,000 New Horizons Battered Women’s Shelter $ 22,500 Warming Center $ 25,500 Northern Middlesex YMCA – Schwartz Men’s Residence $ 2,000 Oddfellows Playhouse – After school circus program $ 2,000 Middletown PAL $ 2,000 ARTFARM $ 1,000 Free Center $ 1,000 Gilead $ 1,000 St. Vincent DePaul $ 2,000 The Society of the Church of the Holy Trinity $ 1,000 Women and Families Center $ 1,000 TOTAL $ 81,000 and that any agency receiving an award must comply with the matching fund Code of Ordinances, Chapter 44, Section 44-11, section B, Municipal Grant Awards. July 1, 2024 COMMON COUNCIL -- REGULAR MEETING Page 6 I. Approving a bid waiver of the City of Middletown Code of Ordinances Section 78-8, defining formal contract procedures, and Section 7-10, governing contacts for construction services be approved for surface pavement treatments, which will be presented to the Common Council for approval to hire All States Construction Inc., LLC, to provide surface pavement treatments to the City of Middletown. 13. Mayor’s Appointments 14. Adjournment HEARING DEVICES AVAILABLE FOR USE IN THE COUNCIL CHAMBER K: review/ agenda – 2024 July 01 -- regular meeting – 1 July 2024