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Common Council

Regular Meeting

Middletown, CT · June 2, 2025

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Minutes

COMMON COUNCIL MIDDLETOWN, CONNECTICUT SPECIAL MEETING QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLETOWN -AND- UPSEU LOCAL 6457 FY 2025-2026 MONDAY, JUNE 2, 2025 6:00 PM MINUTES A Special Meeting of the Common Council of the City of Middletown, Questions to Directors Workshop, was held on Monday, June 2, 2025, 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 live streamed on Facebook and the City webpage and was broadcast on local cable access television. Present: Councilwoman Jeanette Blackwell, President, Pro Tem. Councilman Anthony Mangiafico Councilman Grady Faulkner, Jr. Councilman Eugene Nocera. President Councilman Darnell Ford (arrived 6:42 PM) Councilman Jonathan Pulino Councilman Anthony Gennaro, Sr. Councilwoman Linda Salafia Councilman Steven Kovach Councilwoman Leslie Spatola Councilman Vincent Loffredo Councilwoman Kelly Sweeney Also Present: Sergeant-at-Arms: Middletown Police Office Ranney Linda Reed, Clerk of the Common Council City Staff: Arts & Culture: Kisha Michael, Coordinator Central Communication – Wayne Bartolotta, Director City & Town Clerk – Ashley Flynn-Natale, CCMA II Economic & Community Development – Christine Marques, Director Equal Opportunity & Diversity Management – Faith Jackson, Director Finance & Revenue Services – Carl Erlacher, CPA, Director Fire – David Albert, Chief General Counsel, Office of – Brig Smith, Esq., Gen. Counsel; Kori Wisneski, Esq.; Dep.Gen. Counsel Human Resources Division – Justin Richardson, Division Director Land Use -- Marek Kozikowski, AICP, Director Library – Ramona Burkey, Director Mayor’s Chief of Staff – Barbara Knoll Peterson Public Works – Barbara Knoll Peterson, Acting Deputy Director Recreation – Cathy Lechowicz, Director Technology Services – Brianna Skowera, Director Water & Sewer – Joseph Fazzino, Director Absent: Assessor -- Damon Braasch, CCMA II Emergency Management – Robert Kronenberger Youth Services – Justin Carbonella, Manager Public: Chamber: 30 WebEx: 4 Facebook: unknown 1. Call to Order Council President Eugene Nocera assumes the role of chair in the absence of the Mayor. The Chair calls the meeting to order at 6:05 PM and welcomes everyone to the Common Council’s Special Meeting, the Questions to Directors Workshop. JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 2 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 The Chair notes that the Council has special guests this evening: the student government members from Beman Middle School. Before the meeting begins, he asks the guests to introduce themselves Following introductions, the Chair thanks the students, noting that the Common Council appreciates that they are here this evening. He adds that he is sure that the student are looking forward to tomorrow, taking over the Council Chamber for their government program with longtime teacher Mr. John Geary. It’s a great program and the benefits are amazing, especially when you think back in time that many of you may choose politics and government and helping our City grow. A. Pledge of Allegiance The Chair asks everyone to join in the Pledge of Allegiance. B. Council Clerk Reads the Call of the Meeting and Mayor declares call a legal call and meeting a legal meeting 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 The Chair: Thank you. The Chair thanks Attorney Wisneski and Finance Director Carl Erlacher for agreeing to stay by and answer more questions, but, rather than to go with them first, if there are other questions to Directors, we could then conclude with contract questions. So we'll start with that first. If there are other questions outside of the contract, we could go with them first. Are there any questions on agenda items? Councilman Loffredo, please. Councilman Vincent Loffredo: Is the Fire Chief here at this time? I have questions so perhaps he is online. I did call him and I just wanted to do a follow-up that is dealing with the item under Department, Committee, Commission Reports and Grant Confirmation approvals, Item 8, in particular Item 8P, which is the Fire emergency purchase order, for the Fire Prevention Testing Service calls for $5,4614. And I guess if the Chief is on, if he could just provide an explanation of what that what caused that emergency purchase. Clerk of the Common Council: The only person listed on line is “David,” no last name, but I'm going to promote him and see if that's who you are looking for. Fire Chief David Albert: That's me. How are you guys doing? The Chair: If he can increase his volume please. Fire Chief Albert: Good evening. So, just to reiterate, when we had the construction done at fire headquarters, as we were finishing up, we did our final walkthrough with the Fire Marshals in the Building Department, and because we've made a few modifications to the building, we were required to add sprinkler heads into areas that we did not have them. The members were not allowed to move back in until that was done, so we approved the work, but, unfortunately we did not think that it was going to be $5,000. We thought it was going to be within the “P card” limit, but it ended up not being so. But we had to do that as time was of the essence because it would have been another month that the members would have been moved out of the Fire Station living in (inaudible). Councilman Loffredo: So I just wanted to make sure I understood. It was the City's Fire Marshal that brought this need for a special emergency purchase? Chief Albert: So it was a Fire Marshal and the Building Department, and they told us that, per Code and per Ordinance, that we had to add that to the (inaudible). We ended up opening up the host tower and making a closet and we had to add a sprinkler head in it as well as below it. Councilman Loffredo: I know that you did award it to one. Did you seek other quotes for this work? Chief Albert: No. Fire Protection Systems come in every year and they do all our sprinkler heads and they do the building already. So that's why we contacted them because that is the company that we utilized every year. Councilman Loffredo: Okay. So we have a contract with them, but we then had to add this onto the contract. What do we pay them for the annual contract? Chief Albert: So, apparently, so and that's where kind of the confusion was. I thought we had a contract with them since we do use them, but our sprinkler testing comes out under the $2,000 every year that there's no other issues. Councilman Loffredo: Okay, thank you. JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 3 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 The Chair: All right, thank you. Other questions for Directors before we return to the, the contract? Councilwoman Blackwell, please? Councilwoman Jeanette Blackwell: Thank you. Mr. President. I do have a question. I think Attorney Wisneski is next, I thought she was she's still . . . she's right in front of me. Question on Item 11B, the ordinance regarding the Charter, closing the loop. Just want to have you speak to this. I think that's important, too. Thank you. Atty. Kori Wisneski, Deputy General Counsel: Good evening. I do want to say that I'm happy to see you, all -- these Beman faces – here. I am the proud mother of Jack Wisneski, who is one of your classmates. Councilwoman Blackwell: Yes, I know they do. Atty. Wisneski: I'm here to answer your questions. So what would you like to know? Councilwoman Blackwell: If you can just speak to why this particular ordinance is essential, in terms of closing the loop around the term limits. Thank you. Atty. Wisneski: Sure. So, this ordinance actually originated the LGBTQ+ Committee and then also went to our Recreation & Community Services Committee, as well. And in those two (2) committees, as well as others, we've had individuals, who have joined different boards and commissions after our Charter change in 2021. As you may remember, in our Charter, there are now some term limits for boards and commissions. So what ended up happening is certain people would join an unexpired term, but it, it was counting as one (1) of their two (2) or three (3) terms. So what this ordinance is set to do is to redefine that, if you serve an unexpired term that's not counting towards the term limits. In some instances it was like a month, maybe three (3) months, and to count that as a full term just doesn't make sense. So there was unanimous support, I think from all the commissions that it has gone to. There was also some testimony that the Director of Information Technologies has looked at it. She also sits on the LGBTQ+ and said that, it is something that can be handled technologically, and shouldn't provide a problem of correcting those since the Charter went into effect. Councilwoman Blackwell: Excellent. Thank you. The Chair: Great, thanks. All right, Councilman Loffredo. Unidentified Speaker: Okay, great. Yeah. Councilman Vincent Loffredo: Sid anyone take you to account, if it was an unexpired term of eleven (11) months, or is it just like any unexpired term? Atty. Wisneski: Any unexpired term, but a lot of our terms are way longer than eleven (11) months. Some of them are four (4) years, some of them are three (3) years or more. So, yeah, it would be any unexpired term. Councilman Loffredo: So let's play this out, if you might, so make sure I understand. So an individual resigns from an appointment and they've got 3 ½ years left . . . Atty. Wisneski: An expired term would not count as their first term. It would be their first full term that would start for purposes of . . . Councilman Loffredo: If someone is going to serve for 3 1/2 years, none of that time will count toward the fact that they've already served 3 ½ years. Atty. Wisneski: Right, but what we've been seeing, though, is really the unexpired term is quite short. It's, you know, like less than six (6) months. Councilman Loffredo: I know . . . Atty. Wisneski: No I know you're just doing worst case scenario. It makes sense. Councilman Loffredo: That just said, we're dealing with some other issues of unforeseen consequences regarding other issues, but we'll deal with those later. This I want to understand is that because that's considerable, if it was 50% or more. So, if you put it into a percentage, situation versus any that doesn't count at all versus -- as you're using as your example -- within three (3) months or less than a year, that's not going to count, but now we're getting to multiple years, potentially, then that's another issue. Okay, I'll make sure that I'm understood that correctly. Atty. Wisneski: You are. Councilman Loffredo: Thank you. The Chair/Councilman Eugene Nocera: Any other Directors, please? Thank you. I did have like one question for Director Marques (Economic & Community Development) on our lease of docks at Harbor Drive. I want to JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 4 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 thank our Director for applying for a small harbor improvement project grant. I understand that that that is been granted. It was a lot of work and we appreciate that. And that's behind why that's going out to design and permitting, at this point. That's what's behind the fact that we have to lease the temporary docks at Tate, which is part of their lease. If you might explain that, please. Economic & Community Development Director Christine Marques: We have a ship grant that will cover the construction of both a public safety dock and also the public docks that you're referring to, Councilman Nocera. In the interim, this resolution would be for temporary docks for the public dock system. There's permitting that's required. Also design -- design before the permitting -- and then going out to bid since the grant is coming from the State Port Authority. Councilman Nocera: I appreciate that finally our docks, including our Police dock and our public dock, and Tate’s dock is going to, perhaps, be completed or redone by the end of next year, if we are fortunate enough. Director Marques: The schedule depends on the permitting. There's several Federal agencies and also State agencies that have to review this. DEEP (State Department of Energy & Environment) has to review it, as well, for multiple things, not only water work, but also the National Diversity Database, which is endangered species. US Fisheries has to review it, as well, and also the Army Corps of Engineers. Councilman Nocera: And just to point out, every time when we even have slight flooding, the current docks will rise and get all tangled up, which is because that's this the side of the river in Middletown is deeper and that that water. The docks will repair that problem. Thank you for getting those. It wasn't easy. Thank you. The Chair: Councilman Loffredo, please. Councilman Vincent Loffredo: I want to follow up. So we have a lease agreement with the folks at this particular restaurant that we now have on the river. Up until this point, we've used ARPA (American rescue Plan Act) money to meet our obligations and so forth. So now we've gone out for a grant and we're going go out to bid. At this point, we don't know what this is going to totally cost at this point. Do we have an estimate? Director Marques: We have an estimate. We had an estimate prepared by engineers. Councilman Loffredo: And what is the estimate? Director Marques: It was a little over $1.4M for the construction -- the materials and the construction. Councilman Loffredo: Okay, and the obligation of . . . so we have a lease agreement. Did the lease agreement, I don't recall since we were involved for the EDC lease agreement that we were going to also include in that lease agreement the construction and providing a boat area for docking and all rest. I don't recall that being in there. Director Marques: No, it’s not. It just refers to public docks, but the lease does not state that we are going to provide pubic docks. Councilman Loffredo: The grant that we're soliciting is for how much? Director Marques: A little over $1.4M. I don’t remember the exact figure. Councilman Loffredo: So are we anticipating then that . . . at this point, if the grant does not come through . . . Director Marques: That grant has come through. I have the contract. I just have to have it signed by the Mayor. Okay, and so are we going out to bid? Director Marques: Not yet, no, because we don't have the design, the permitting done yet for construction documents. Councilman Loffredo: So who's been awarded that? Director marques: The engineering work has been awarded to Schneider Construction or Engineering rather, not Construction. The engineering part has been awarded to Schneider Engineering. Councilman Loffredo: How did they get selected? Director Marques: Their specialty. Councilman Loffredo: Specialty. Did they get more than one quote? Director Marques: They had prepared docks previously -- a dock plan for us previously -- so we based it off of that. We needed them to be able to provide us with estimates -- cost estimates -- for this to be able to submit for the grant. JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 5 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Councilman Loffredo: So the obligation for this dock that we're proposing to put into is really -- if I'm understand this correctly -- rest totally on the City side. Director Marques: I'm sorry. Say that again? Councilman Loffredo: The obligations -- in terms of the construction, maintenance, and so forth -- this is all resting on the City side in terms of. Director Marques: Like it always has because we're just doing replacement. As far as the public safety dock, that's just going to be relocated, but the public safety docks maintenance has been part of our responsibility. Councilman Loffredo: This is more than public safety . . . (Multiple speakers/ inaudible) Director Marques: . . . and also the and also the public docks have always . . . There's piers there. There were docks there. The piers are no longer tall enough so . . . Councilman Loffredo: Do you remember who had put those in docks in? (Inaudible) had put those docks in and all the rest back in the day. Director Marques: I'm not sure. Councilman Loffredo: You're not sure, okay. Director Marques: I believe that was the case. Councilman Loffredo: I just want to understand, in terms of what we're obligating. So we're seeking a grant, and then the installation of these docks and the maintenance of these docks and the safety and the insurance, that's all falling on the City side at this point. Director Marques: I believe so. Councilman Loffredo: It was never included in any part of a responsibility when we put out to bid and to offer the restoration -- redevelopment -- of the restaurant. This was not included. Director Marques: No, it was not included. These are going to be public docks, so it's not just for the restaurant. Anybody can dock there and they can go to the park or they can come up to Main Street through the tunnel. It's not solely for the restaurant. No. The Chair: All right. Are there other questions for any Directors? Then we are going to return to the contract, which would give us about a half hour before our 7:00 PM meeting. Anything online? Any questions? Clerk of the Common Council: No The Chair: Okay, so now we'll return to our UPSEU contract for the next half hour. _______________________________________________________________________________________ *** CONTINUED WORKSHOP *** TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLETOWN -AND- UPSEU LOCAL 6457 FY 2025-2026 The Chair: Questions, we will begin with Councilwoman Blackwell. Thank you. Councilwoman Jeanette Blackwell: Thank you, Mr. President. I want to just follow back up on Article 7 to insurance on page six (6). I ask this because I know you mentioned a savings of a little over $5,000. Atty. Wisneski: That's for the Medicare Advantage Plan in retirement. Councilwoman Blackwell: Yes. What I'd like to know, and I can send you an email, Attorney if it's too hard to follow this evening, but what I would like to know is from July 1, 2001 . . . Atty. Wisneski: 2001? JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 6 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Councilwoman Blackwell: Yes – 2001 -- to the present, members in this particular bargaining unit, how many employees have retired with a total of 15+ years, but under 20 years. Atty. Wisneski: Meaning how many people have actually left city service? Councilwoman Blackwell: Have retired. Atty. Wisneski: With 15? Councilwoman Blackwell: With 15+ (years) and under 20 (years). Atty. Wisneski: Okay, because people who are over 65 can start collecting immediately if they only have 10 years of pension, and then if they get to 15 years, they can start getting their insurance. That's with every bargaining unit. Councilwoman Blackwell: Yes, that's why I'm asking for 15 (years). Atty. Wisneski: Yeah. Councilwoman Blackwell: I also have other questions. Back to the Council Clerk position, which really is regarding all other members outside. I’m going to the page on hours of work, so bear with me. With the hours of work in Article 5, Section 6. Atty. Wisneski: Okay. Councilwoman Blackwell: In this particular section, it talks about any employee in this particular bargaining unit with the exception of the folks listed in Section 5 can work a flex schedule, if their direct supervisor -- or department head I think is the language in the contract -- approves it. Atty. Wisneski: Okay, but that wasn't changed this contract though. Councilwoman Blackwell: Absolutely. It wasn't changed. I noticed that because it's not highlighted in red. So my question is would that include the Common Council Clerk, who is currently in this bargaining unit, could work a flex schedule, if, in this case, it would be the President of the Council, approved the flex schedule based on the language in Section C? Atty. Wisneski: So all benefits that are set forth in the UPSEU contract apply to the Council Clerk because she is a member of the bargaining unit. Flex time under this provision has to happen either in the week that the employee worked outside his/her regular schedule, or in the week after the employee worked outside her regular schedule. It's a limited flex. It's not a consistent flex for 52 weeks. It's literally, if you work more than 40 (hours) in a week, then you can actually have flex time either in that current payroll week, or in the week after. And yes, if it's approved. Councilwoman Blackwell: That was . . . Atty. Wisneski: Yeah. Councilwoman Blackwell: . . . really my, my question, thank you, And, with Section 5 under Article 5, here's some other information that I would for all of the individuals listed in this section. If you can provide the corresponding request for overtime with the approval from May 1, 2024 . . . let me back up . . . it's June 1, 2024 through May 1, 2025. Atty. Wisneski: I'm sorry -- June 1, 2024 to what date? Councilwoman Blackwell: To May 1, 2025, all of the individuals listed here, whom are in classified positions, but it states they are eligible for overtime by going through the pre-approval process. What I'm looking to determine is, for these particular individuals that fall in Section 5, what has been their overtime that they've received from last June, 2024 through May 1, 2025. Atty. Wisneski: Okay, I don't have access to that information, so I'm going to have to ask another person to do that. And I will just caution that the Council has to vote on changes to this agreement, and has to authorize the financial impact of this agreement going forward. That's what the vote is on, and some of these dates are outside the parameters of that window. I'm happy to provide it. Councilwoman Blackwell: I know that. Thank you. And I also want to just highlight that individuals in this particular section that's highlighted are all in a classified position. And under State law, classified employees are not entitled to receive overtime. Atty. Wisneski: So classified as something that is within our own Charter. So we have a classification system and every single person . . . JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 7 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Councilwoman Blackwell: (inaudible) salaried. Atty. Wisneski: Right, but there are exceptions to that of individuals who should have access to overtime, and that's I'm not prepared to speak to that tonight, but there these most of these positions have been in this contract for quite some time and there's an analysis. It's very complicated and actually it's changed quite a lot in recent years with the different Presidents that we have had as to who qualifies for overtime and who does not. That's a very complicated question. So this actually has been in the contract for quite some time. The only additions here were Assistant Superintendent of Water Treatment. That's a position that we added through the Council in this . . . between 2020 and no when we did the reorg of Water and Sewer (Department), and then the Chief Building Official that was through an MOU (Memorandum of Understanding) that came before this Council and was approved. So the Chief Building Official was approved by this body to get overtime. So I'm just making sure that that is clarified in this contract. Councilwoman Blackwell: Yes. So that's the information I am seeking to have you obtained for me. And my question really, I don't know that it necessarily got answered, because my question is under State law. Atty. Wisneski: It's Federal law. Councilwoman Blackwell: State, Federal . . . it’s the law. Are salaried employees entitled to overtime? Atty. Wisneski: It's not really broken down by salaried. I'd have to get the exact terminology, but it depends on the category of employees, if you're supervising others, if you're . . . depending upon the type of work that you do. Councilwoman Blackwell: Sure. I do have additional questions, but I know I have to yield to my colleagues. On the three (3) positions, the way you have provided us the increases of over $200,000, could you break that out, please -- the wage increases by the step increases, reclassification. I'm looking for an itemized . . . Atty. Wisneski: We have $139,000 2.6% COLA, we have $63,000 in step, and we have $37,666 in upgrades, which total $239,000. Councilwoman Blackwell: So maybe my math isn't “mathing” because I added up that the three (3) positions that are embedded into this contract, and what I was trying to do is calculate the difference from the current salaries to what is being proposed. So with the three (3) positions that are being proposed, I calculated over $100,000. Atty. Wisneski: I have $37,666.80. Councilwoman Blackwell: As the difference . . . so it's listed here . . . I used my calculator, too. My math says that it's over $100,000. Atty. Wisneski: So I can bring the Director of Finance up, but I have $37,666.80. Councilwoman Blackwell: Yes, that's not what that's not what I have. So maybe the numbers are off that have been provided to us. So, the resolution page has the actual salaries. Good evening, Director (Carl Erlacher). How are you? Atty. Wisneski: Hold on, I'm just pulling up the resolution. Thought I had it. One moment though. (Multiple speakers/ inaudible) Finance Director Carl Erlacher: Good evening. I'm just looking at my sheet. The largest increase was an individual going up three (3) grades, go to $128K from $109K. So that's $19,000. The other one, just a step is like $9,000 a piece for the other one. I don't know where you're coming up with $100,000 for three (3) jobs. Councilwoman Blackwell: So, on the resolution . . . Director Erlacher: I didn't see that. I didn’t write the resolution. I don't know. Councilwoman Blackwell: On the resolution . . . Unidentified Speaker: Maybe you can bring it back after you calculate it. Councilwoman Blackwell: On the resolution for the Manager of Arts & Culture, Salary Grade 13, which is what is from $73,798.40 to $109,137.90. Is that incorrect? Atty. Wisneski: Where are you getting that? Councilwoman Blackwell: On the resolution. JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 8 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Atty. Wisneski: Oh, ok. Director Erlacher: Yeah, that's . . . Councilwoman Blackwell: Is that inaccurate? Director Erlacher: That's yeah. Councilwoman Blackwell: I did the math. Director Erlacher: No, that's not correct. Councilwoman Blackwell: Okay. Director Erlacher: I mean because . . . let's just see . . . I'll grab that individual. Of course there's like five (5) pages. Atty. Wisneski: You know what happened? Same thing. Director Erlacher: It's the same number. Atty. Wisneski: It’s doubled. Unidentified speaker: Yeah, I don't know why. Atty. Wisneski: So, the Manager of Arts and Culture, for whatever reason, is Clerk of the Common Council: Would you use the microphone, please? Atty. Wisneski: The Arts and Culture (Manager), for whatever reason, is reiterating the Assistant Superintendent of Sanitation, so I'm going to talk to Justin (Human Resources Division Director Richardson) about the salary grade and make sure that those are right. They're exactly the same so something's wrong there. I appreciate you catching that. Councilwoman Blackwell: Oh, thank you. I caught it. Director Erlacher: It is correct that she's going to $109,137.60, but the current salary is $102,876.80, not. (Multiple speakers/ Inaudible) Director Erlacher: . . . $73. Councilwoman Blackwell: Thank you. If we could get accurate numbers because my math was saying over 40% for these three (3) positions. Thank you. The Chair: All right. Thank you. Next is Councilman Loffredo and then I have a question. So we will ask Councilman Loffredo to go next. Councilman Vincent Loffredo: Thank you, your Honor. Just going back a little bit, and just to make sure I understand, the ground rules, on the City side, who signed the on behalf of the City? Who signed the ground rules on behalf of the City? They were jointly signed by each party to do that. Atty. Wisneski: Yeah, usually it's me. I'd have to look. I honestly don't remember. Councilman Loffredo: Okay. So the Mayor did not play any role in setting the ground rules? Atty. Wisneski: No. Councilman Loffredo: Okay. I understand a number of you – you, Carl (Finance Director Erlacher), and others -- were on the City side in terms of negotiations. On the side for the union, would you repeat who they were? Atty. Wisneski: So I was dealing with Anne Gregg (UPSEU President), Ricky Miano, Ashley Flynn-Natalie (UPSEU Vice-President). Councilman Loffredo: Now. Anne Gregg is the President of the union. Atty. Wisneski: Correct. Councilman Loffredo: And is Ricky Miano an officer? JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 9 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Att. Wisneski: He must be. I honestly don't know their structure. Councilman Loffredo: And then you said Ashley Flynn-Natalie. Councilman Loffredo: Yes. The Town Clerk. Is she an officer as well? Atty. Wisneski: I don't know. Councilman Loffredo: So when the union met -- the three (3) of them -- they met as a group with the City from time over the various . . . Atty. Wisneski: We’d meet over the phone; we'd do emails; we would meet in person. Just depends. Not everybody would be there. It depends. Councilman Loffredo: Okay, everybody would be there. They were part of the team. When it came to deal with the Town Clerk . . . Atty. Wisneski: The City Clerk? Councilman Loffredo: . . . you couldn't involve her in the negotiations of her situation. Atty. Wisneski: The Council Clerk? Councilman Loffredo: Yes, the Council Clerk. Atty. Wisneski: No, because she's represented by the union. Councilman Loffredo: And the person who signed the tentative agreement, of course, is the current President of the union, which is Anne Gregg, correct? And she participated in all these. She also, in terms of one of the positions that we're talking about, she was directly affected by the position dealing with the Manager of Senior Services. Atty. Wisneski: That is her position. That's correct. Councilman Loffredo: And she and she was part of the negotiating team. Atty. Wisneski: She was. Councilman Loffredo: Is there a conflict here where an individual bargaining for . . . how many members are there in the bargaining group? Atty. Wisneski: I want to say like 46. Councilman Loffredo: That's what I was counting in terms of positions and so forth. In this case, there were three (3) positions that were plus the Town Clerk's position. Atty. Wisneski: Town Clerk or Council Clerk? Councilman Loffredo: Council Clerk. I stand corrected, thank you very much. Council Clerk. So we have the Manager of Senior Services. We have also – you are changing it -- Manager of Arts and Culture. Atty. Wisneski: Yes. Councilman Loffredo: And we have Public Works, Sanitation Division. Correct? Atty. Wisneski: Assistant Superintendent of Sanitation. Councilman Loffredo: Right, which is I see scratched out the Department Public Works, Sanitation Division, Assistant Superintendent of Sanitation. Atty. Wisneski: Yes. Councilman Loffredo: And then we had the Town Clerk. Atty. Wisneski: The Town Clerk? Why do you keep saying the Town Clerk? Councilman Loffredo: It’s my mistake: the Council Clerk was also. There are four (4) positions involved, right? Atty. Wisneski: Correct. Councilman Loffredo: Right? Correct? In the negotiations? JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 10 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Atty. Wisneski: So there are many positions involved because there's also a retirement incentive. Councilman Loffredo: These individuals in terms of reclassifying them -- these positions are being reclassified, correct? Except for . . . Atty. Wisneski: The Council Clerk position was not being reclassified. No. Councilman Loffredo: No, but all the others were. Atty. Wisneski: Yeah, well, those three (3) are being proposed to be reclassified and their job descriptions revised. Yes. Councilman Loffredo: And one of the individuals directly affected was a member of the bargaining team on the union. Atty. Wisneski: Yes, but there were other people involved on that team. Councilman Loffredo: She was directly involved while also being directly affected by the negotiation in terms of her job. Atty. Wisneski: So her job is part of what needed to create parity, yes. Councilman Loffredo: You're familiar with the current contract, are you not? I'm sure you are, right? Atty. Wisneski: I wrote it. Councilman Loffredo: Oh, you wrote it. Okay. Very good. So we look at the current language dealing with the whole question of Article 21 -- Classification of Wages and Scales. Atty. Wisneski: Do you know what page you're on? Councilman Loffredo: Yeah, I'm going to call your attention to page 31. Atty. Wisneski: Sure. Councilman Loffredo: Okay. Page 31, toward the bottom of that page – “. . . a committee shall establish operating procedures to govern the operation, including, but not limited to . . .” and it mentions this whole process by which, and then it's at Section C, it says, “No applications will be taken in the first year of an agreement from 2021, nor in the last year of the agreement July 1, 2024 to June 30, 2025.” Isn’t that, is it during these negotiations that these particular positions were reclassified? Atty. Wisneski: So this is covering Labor/Management and so there's a pretty robust provision about what that entails. What is it? Director Erlacher: (inaudible) Atty. Wisneski: Yeah, so this has been taken out and there's a new process that's coming forth for that, and also Labor/Management wasn't how these jobs were reclassified. It was part of our negotiation session. It's not dissimilar to what happened in the Fire contract where we had Captains put in and new job descriptions reviewed. So it's similar to that. Councilman Loffredo: So, in effect, you're nullifying, so we're now into June 30 -- or we're in today's date for this particular meeting June 2, 2025, correct? Atty. Wisneski: Yep. So we did not engage in the Labor/Management process. Councilman Loffredo: So you basically, for some reason, this particular provision was nullified because you've then allowed for individuals of the bargaining group to get a reclassification. Atty. Wisneski: Well, so there's give and take on any negotiation, and my read of the room, specifically this room, is that Labor/Management was untenable and needed a change. We also are cognizant that there are certain positions -- supervisory positions -- that are out of whack with other supervisory positions either in the same department or division within a department. Councilman Loffredo: Let me ask you this question. This agreement that's still into effect has not been -- we've not agreed upon the new contract -- so the current contract is still in effect. Atty. Wisneski: Sure. JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 11 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Councilman Loffredo: Did the City, the Mayor's Office, and the UPSEU union waive that section of the contract during these negotiations, which says, clearly, you're not supposed to be reclassifying during the negotiations year? Did the city enter into some unknown MOU to this Council that that was going to occur? Atty. Wisneski: No, because everything is opened up for a new successor agreement and we did not engage in Labor/Management. So everything is on the table, you know that when we go to a contract negotiation, everything is on the table. And so Labor/Management was not what we engaged in. We have taken Labor/Management off the table, and created a whole new process. Councilman Loffredo: You did engage it. You completely redlined that current classification system, and then you went about suggesting that this is what you're going to do. Did you take into account the action taken by this Council – the Baker Tilly study -- regarding the, the study of the City's classification system? Atty. Wisneski: So, the job descriptions have gone through that process, as you know, we're not yet done with it. So they have been reviewed by the department heads and the union, and we're not yet, we're now at the point where a certain union was kind of given a “due date” because it had been quite some time, and now we're beyond that date, and Justin (Human Resources Division Director Richardson) is working on the next step. Director Richardson. Councilman Loffredo: We spent – appropriated -- $150,000 to get an outside 3rd party to do a review of our classification system. The union played a direct-hand roll in all of what was going on. To date, the City Council, including myself, has never received any report for the Baker Tilly Study. That was the intent. It's also spelled out by Charter, in terms of our obligation to go through this. And then included in this agreement that you're proposing -- the union is proposing and the City's proposing -- if we were to agree to it, is that we, the City, by what January 2026, right? Do you want to explain how that works – that by January 2026 is either we accept what's in the contract now, you've negotiated now with one union representing 45 employees, a classification system that was under review by the entire Council, set in place by a $150,000 appropriation, and to date, we have received, as a Council, no report. Atty. Wisneski: So we didn't renegotiate a classification system by doing this. What we did is took out Labor/ Management, which I was hearing, loud and clear, was not something that this body wanted, not something that the City wanted, and not something that the union wanted to go forward. What our obligation is under the Municipal Employee Relations Act (MERA) is, when job changes, when a job changes and duties are added that could result in an increased compensation, we have an obligation, under MERA, to impact bargain. In effect, this is putting in the contract what is required under State law. And I understand the frustration. I'm also frustrated. Councilman Loffredo: The view of . . . Multiple speakers/ inaudible Councilman Loffredo: . . . agreement, which is in effect and which said there would be none of that occurring that did occur under the rubric negotiations. But that's, I read the language one way you seem to be reading it differently than the way I'm reading it, in which, then in your head, it was ok to go ahead during the course of this fiscal year that was still in FY24-25, the last year of this contract, to enter into a reclassification agreement. And the other issue was, we were discussing, in the discussion regarding the Council Clerk position did not participate in the negotiations of what was going on that came after the fact; however, the President of the union -- and a member of the bargaining group – and one, who is directly being affected by a job, was dealt with directly through these negotiations. Atty. Wisneski: So she is not part of the Executive Committee of the union. Councilman Loffredo: I asked you if she was on the negotiating committee. You said she . . . (inaudible) Atty. Wisneski: Who? Who? Director Erlacher: Councilman Loffredo . . . Councilman Loffredo: Andrea Gregg. Atty. Wisneski: No, no. You're talking about the Council Clerk and she is not. Councilman Loffredo: No, I'm talking about who's on the negotiating team. Atty. Wisneski: Yeah, she is, but I'm saying the Council Clerk is not on the negotiating committee, and as I'm negotiating a contract, I cannot deal with her directly, or else I will be in the State Labor Board undercharges. Councilman Loffredo: Okay. JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 12 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 The Chair: There are other members who (inaudible) . . . Thank you, Councilman Loffredo. We have myself, and then a return to Councilwoman Blackwell. We are also coming up very close to the end of this session. Looking at the data in front of me, it looks like we have a consensus on a date, but I have to check with a couple of people, which I will do tonight. I want to pull up the executive summary. In terms of health benefits, I know that all negotiations today across the State are looking to control health benefit awards and contracts because of the rising costs. What I want to know is that this particular line: “All new employees hired after August 1, 2025 will fall into Tier 2 for insurance. Under this new tier of employees must work 20 years with the City before vesting with health insurance and life insurance.” This particular language, is it new to just this contract? Have there been attempts to do this in other contracts? Atty. Wisneski: So, yes, I have not gotten other unions to do the group Medicare Advantage Plan. I do believe that Local 466 has some Medicare Advantage Plan for some of its tiers. This is new for this contract. Police and Fire do not have this, and the 20 years is new for this contract. Councilman Nocera: Right, and so, again, I'll point out that that, in negotiations, the union did agree to that. It does benefit the City and provide adequate coverage as well for our employees. It's a very difficult process, health benefits. Nobody wants changes and so important piece, in my estimation, in this contract. We have seven (7) minutes left. Next we have Councilwoman Blackwell and then Councilwoman Salafia will conclude, please. Councilwoman Jeanette Blackwell: Thank you Mr. President. I want to go back to a question just to make sure the record is clear. Was Anne Gregg a part of the negotiation process? Atty. Wisneski: Yes. Councilwoman Blackwell. You mentioned her name before. Atty. Wisneski: Yes. Councilwoman Blackwell: So, is Ann Gregg one of the positions that is being reclassified that was presented to the body. Atty. Wisneski: Yes. Councilwoman Blackwell: So your ground rules that you indicated earlier, just to build on what Councilman Loffredo was saying, indicated that the Council Clerk couldn't be noticed about the negotiations. You had indicated that earlier. Atty. Wisneski: It does not specifically name any positions. It didn't say Council Clerk. Councilwoman Blackwell: But I had asked the question about the Council Clerk being noticed and . . . Atty. Wisneski: It’s anybody that's not in the room. So it's really limited to those people, who are “in the know,” in the executive committee or the negotiating team. Councilwoman Blackwell: But we had an individual, who was directly benefiting from the negotiations, sitting at the table. We don't think that was a conflict of interest? Atty. Wisneski: So this happens. I mean this happens in every contract because you have . . . we are sitting across the table from people, who are benefiting out of the contract that they are negotiating. It happens in every single contract. Councilwoman Blackwell: What I would say about that, then is that is something that we need to . . . (Multiple speakers) Atty. Wisneski: No, I'm saying that the people sitting across the table are part of the union, so anything that they negotiate has an impact on them, whether good or bad. That's not unique. That's what I'm saying. Councilwoman Blackwell: How did we get the dollar amounts that are being proposed in this agreement? Did we use -- I know you're indicating we didn't go through the Labor/Management process -- did we use some sort of rubric? Atty. Wisneski: Yeah, Justin (Human Resources Division Director Richardson) always uses the rubric. Councilwoman Blackwell: So he used the rubric, which is a part of the Labor/Management process. Atty. Wisneski: Which is part of our classification system. JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 13 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Councilwoman Blackwell: Yes. And I just want to make one more point though, again to build on what Councilman Loffredo said. We entered into an agreement September 2023, which is almost coming up to two (2) years for the Baker Tilly classification and compensation study. Now other entities have had almost two (2) years to work through this process, but this agreement gives this body from now until to January 2026 -- to which we haven't gotten any documentation in our hands yet -- and this agreement is saying we have six (6) months to make a decision, but we don't even have documentation. Atty. Wisneski: So what that . . . let me just say, because I don't think I answered Councilman Loffredo on that, what hat intended to do is for us to have a process -- to the extent that nothing gets approved by January 1st -- there is a process whereby individuals, who are working outside of their class, can be reviewed. My intent of providing that January date was, if we do have a classification system that has been reviewed, it's been approved, we should all be on the same page. We shouldn't be having a review of job descriptions for some period of time. My thought was we sit down with the union . . . say that process, we have a new classification system. It's approved December 15th, and I'm just throwing this out there. Under the language that is proposed here, the City would sit down with the union and negotiate a timeline for when that new language would go into effect. I would say, five (5), 10 years. I'd say we have a new classification system. We don't need to review jobs for five (5) or ten years, and that would be what I would go in for the City. That's what that language is intended for is to, if we have a system that everybody has reviewed, brought into, approved, then those jobs should be the appropriate job descriptions at that time period, and we shouldn't have to review jobs for quite some time. So that's my intent. The Chair: I'm going to have to keep everything on track here. Councilwoman Salafia, we're going to have to . . . do you have one (1) question, two (2) questions? Councilwoman Linda Salafia: I have two (2) simple questions. The Chair: Okay, go ahead. Councilwoman Linda Salafia: When I asked you who was on the negotiating team, you listed six (6) people, roughly. I did not get to write them all down, but it was more than three (3). Now you said there were only three (3). Atty. Wisneski: No, there was like six (6) on my team. I deal with like six (6) people. Councilwoman Salafia: When she (Councilwoman Blackwell) asked the same question, we should have all six (6) names. Atty. Wisneski: On my team? Councilwoman Salafia: Yes. Atty. Wisneski: Okay, so always on my team is Carl Erlacher (Finance Director), Nicole Carr (Payroll Coordinator), myself, Bobby (Knoll Peterson, chief of Staff. Acting Deputy Director of Public Works), Justin (Richardson, Human Resources Division Director), and Kristen Holden (Risk manager). (Inaudible) Excuse me? Is she saying something? Councilwoman Salafia: That's alright. Okay, but you know this is where it's getting difficult for me. I'm just saying this because Councilman Nocera had a moment to tell us how great the health insurance benefit was in this contract, so I'm just going to make a point, saying I find it difficult when I ask the question, you listed out that there were six (6) people on the City side and three (3) people on the union side. When Councilwoman Jeanette Blackwell asked the same question, there were just three (3) people sitting down up for the City on at the table. So now if it's . . . Atty. Wisneski: I don’t recall saying that, and maybe I’m mistaken. Councilwoman Salafia: Well I, that one I could write down because you said, “Anne (Gregg), Ricky Miano, and Ashley Flynn-Natale.” Atty. Wisneski: Those are three (3) people on the other side. I'm talking about my side. I'm talking about my side. Councilwoman Salafia: Okay, well then I’m totally wrong. The Chair: All right, we're going we're going to . . . Councilwoman Salafia: I have one more. The Chair: You said you had two (2) questions. I want to keep this on track. JUNE 2, 2025 COMMON COUNCIL – SPECIAL MEETING Page 14 QUESTIONS TO DIRECTORS -AND- CONTINUED WORKSHOP: TENTATIVE AGREEMENT BETWEEN CITY OF MIDDLEOTWN – AND – UPSEU, LOCAL 6457 JULY 1, 2025 TO JUNE 30, 2026 Councilwoman Salafia: I’ll just leave for a few minutes The Chair: Thank you. Let’s take a five (5) minute break. 3. Questions to Directors Workshop Closes There being no further discussion, the Chair closes the public hearing at 7:00 PM. 4. Meeting adjourned Councilman Vincent Loffredo moves to adjourn. Councilman John Pulino seconds the motion. There being no discussion, the Chair calls for a voice vote. The motion is unanimously approved with 12 aye votes. (AYES: Councilmembers Blackwell, Faulkner, Ford, Gennaro, Kovach, Loffredo, Mangiafico, Nocera, Pulino, Salafia, Spatola, and Sweeney.) The matter is approved. The meeting is adjourned at 7:00 PM. ATTEST: LINDA S.K. REED, COMMON COUNCIL CLERK K: review/ minutes/ 2025 June 02 – Ques to Directors and Continuation of Special Meeting Workshop: UPSEU Tentative Agreement FY2025-2026 – 2 June 2025

Agenda

COMMON COUNCIL SPECIAL MEETING QUESTIONS TO DIRECTORS WORKSHOP MONDAY, JUNE 2, 2025 6:00 PM Hybrid Meeting ---------------------- MUNICIPAL BUILDING COMMON COUNCIL CHAMBER -and- Remotely via WebEx WebEx.com 2335a 275 Join 3432 Meeting Event # 2348 504 7891 Password: Middletown or Dial 408-418-9388 Access Code: Event #2348 504 7891 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 Chair declares call a legal call and meeting a legal meeting. 2. Questions to Directors Workshop Opens 3. Questions to Directors Workshop Closes 4. Meeting adjourned K: review/ agenda/ 2025 June 02 – Ques to Directors – 2 June 2025

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