Representative Town Meeting (RTM) - Minutes - 03/18/2021

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
7
1 lous
MINUTES
FINANCE, WAGE & PERSONNEL STANDING COMMITTEE OF THE RTM:
PUBLIC HEARING & SPECIAL MEETING ‘2
Thursday, March 18, 2021 A
7:00 P.M. - Waterford Town Hall
ZOOM Remote Access Only
The March 18, 2021 Public Hearing of the Finance, Wage & Personnel Standing Committee of
the RTM was called to order by Chairperson David Lersch at 7:01 P.M.
ROLL CALL
Present: Susan Driscoll, Paul Goldstein, Kathleen Kohl, David Lersch, Liam O’Leary
Absent: None
Also Attending: Town Clerk David Campo, Town Attorney Robert Avena, Director of
Finance Kim Allen, Purchasing Agent Rawle Dummett
PUBLIC COMMENT on proposed changes to Chapter 3.08 — Purchasing Ordinance.
(Draft 2)
Chairman Lersch requested that Finance Director Kim Allen summarize the rationale for
raising the bidding limit to $25,000.
Board of Finance member Bill Sheehan spoke in favor of the changes and expressed his
support for keeping the change as general as possible. Mr. Sheehan also recommended
that if it results in a purchasing procedure change that it should need approval by the
RTM.
Town Attorney Rob Avena in response, informing Mr. Sheehan and the committee that
any purchasing procedure change would need a recommendation by the Board of
Selectman and approval of the RTM.
MOTION by Goldstein, seconded by Kohl, to close the public hearing at 7:11 P.M.
VOTING IN FAVOR: Unanimous
The March 18, 2021 Special Meeting of the Finance, Wage & Personnel Standing Committee of
the RTM was called to order by Chairperson David Lersch at 7:12 P.M.

ROLL CALL
Present: Susan Driscoll, Paul Goldstein, Kathleen Kohl, David Lersch, Liam O’ Leary
Absent: None
Also Attending: Town Clerk David Campo, Town Attorney Robert Avena, Director of
Finance Kim Allen, Purchasing Agent Rawle Dummett
AGENDA ITEM 4: Minutes
MOTION by Goldstein, seconded by O’ Leary, to approve the minutes from the March 4,
2021 meeting.
VOTING IN FAVOR: Unanimous with one member abstaining. (Driscoll)
AGENDA ITEM 6 A: Bidding Advantages for Local Businesses on Town Projects by
amending Chapter 3.08 — Purchasing of the Waterford Code of Ordinances,
PRESENTATION: Town Attorney Robert Avena, Director of Finance Kim Allen,
Discussion ensued.
MOTION by Driscoll, seconded by Goldstein, to recommend this version (Draft 2) of
Chapter 3.08 — Purchasing of the Waterford Code of Ordinance to the RTM as presented
because it incorporates the most current State and Federal guidelines.
VOTING IN FAVOR: Unanimous
MOTION by Goldstein, seconded by Kohl, to adjourn at 7:29 P.M.
VOTING IN FAVOR: Unanimous
Respectfully submitted,
David Lersch
Chairman

Draft #2
Title 3 — Revenue and Finance
Chapter 3.08 - PURCHASING 2ORHHAR LQ PH GE WS
3.08.016 - Applicability—Cooperative purchasing. —
A. This chapter shall be applicable to all purchases of materials, equipmeht and contracts for services
other than those encompassed in collective bargaining agreements or employment contracts with
non-union personnel, made on behaif of the town by any town agency, board or commission except
the board of education.
B. This chapter is not applicable to contracts for the construction or alteration of real property when
outside consultants are specifically authorized to perform the purchasing function; however, the
agency, board or commission hiring such consultant shall require that purchasing under such
contract be performed to standards at least equal to those contained In this chapter and that records
arid documents of such purchasing be filed with the purchasing agent-of the town immediately upon
their execution.
G. When itis in the best interest of the town, the purchasing agent may make arrangements for
purchasing in conjunction with other units of state and local government and other entitles, Reports
of such instances shall be accompanied by substantial backup verifying the sources utllized to
seoure the price, and this report shall be made avaliable fo each board or commission that must vote
to authorize the proposal before the purchase is made.
(Amend, of 12-18-18(1); Amend. of 10-7-13; Amend. of 6-1-15(1); R.T.M, 10-68-97 (part): R.T.M, 12-8-94
(part): R,T.M. 4-4-88; prior code § 2-37}
3.08.020 - Establishment, rules and duties of purchasing function.
A, The office of town purchasing agent is established In the department of finance to coordinate the
purchasing function of the town, The director of finance shall recommend a candidate for the position
to be appointed by the first selectman.
B: A uniform purchasing system and operating rules, consistent with state and federal laws, shall be
established for the town which shall be devised by the purchasing agent, recommended by the
board of selectrnen, approved by the R.T.M, and administered in the department of finance. All
purchasirig transactions shall be processed and recorded within legal constralnts as stated in this
chapter and In Chapter 2.112, Disposition of Town Property.
C. The dutiés of the purchasing agent are as follows:
1. Ta promote the most effective and efficient procurement and disposition of town assets and
services;
2, To provide, upon request, information to support all purchasing operations and management
analyses for decision-making purposes;
3. To provide technical services for the review and récominendation of specifications and purchase
orders;
4, To Implement the bidding/request for proposal process through advertising and posting notices of
solicitation;
5. To secure and record quotations/bids/proposals for purchases when multiple vendors are
available:

6. To make purchases according to the requisitions and specifications of the user agency, board or
commission;
7. To submit an annual report to the director of finance relative te the cost effectiveness and
performance of purchasing operations in the town.
(Amend, of 12-18-18(1); Amend. of 10-7-13; Amend, of 6-1-15(4); R.T.M, 10-6-97 (part): R,T.M. 12-594
(part): R,T.M. 6-6-88: R.T.M, 4-4-88: prior code § 2-38)
3.08.030 - Purchase categories—Bids/proposals required—Specifications
authorized.
A. Public competitive bidding and Ppurchases of material and equipment and services will be
eategorzed-and-established and administered, by pursuant to CGS §7-148 via), at the following
levels:
4-~AtLauthorizations-forpurchases-oftems-in-an-ameunttp-to-one-thousand-ive-hundred dollars
wiltbe-conselidated-as-approprate-with-otherlike requests -by-the-purchasing-agent-anduli-be
purchased-on-anor-equal" basis-unless-necompanied-by-a-detailed specification-and justification
fules-established-under-subsection-B-of-Section-3.08,020,
2~Ferpurchases_in-an-amount-exceeding-one-thousand-five-hundred-dollars,_but netexcseding
sever-thousand five-hundred dollars, atleast wo-witten-quotations-must be salicited-by the
requesting-agensy-with-the-purshasing-agent's assistance-in_accordance-with the-operating- rules
established-under-subsection-B-of Section 3.08020.
3--Fot-purchases-in-an-amountexceeding-seven thousand five hundred-doflars,-but-notexcaeding
fifteen-thousand dollars, a-formal-quote-process-through the purchasing department must-be
eompleted,-Fhe-+requesting agency wil-submit specifications or deseription-of-ltem-or services
needed.-Fhe-purchasing-agentwill-solicit-fer-formal-quotes-
41.For purchases exceeding fifteen-twenty-five thousand dollars, a formal bid process Is required as
authorized In subsection B of Section 3.08.020 of-this-seectian-and Section 3.08,040.
._ Under twenty-five thousand dollars, the Town purchasing agent’s operating rules shall govern all
other purchasing transactions, and may allow for local vendor preferences as established under
the operating rules,
(Amend. of 12-18-18(1); Amand. of 10-7-13; Amend. of 6-1-15(4); R.T.M, 10-6-87 (part): R.T.M. 12-5-04
(part); R.T.M. 6-6-88: R,T.M. 4-4-88: prior code § 2-39)
3.08.040 - Bid process—Opening of bids/proposals—Rejecting bids/proposals—
Awards of contract.
A, No purchases or contracts which require a formal bid or proposal process shall be made or entered
into until the purchasing agent has placed a public advertisement in a newspaper, having a dally
circulation in the town, and placed on the town web site. Sald advertisement shall appear not less
than fourteen days prior to the receipt of bids/proposals, shall contain information as to the time that
sealed bids/proposals will be received and opened, and the place prospective vendors may obtain
information about the specifications with respect to the materials, equipment of services required,
. Each bid/proposal shall be opened publicly at the time stated In its advertisement, A public record
shall Identify all present at the opening and all vendors and the amounts of thelr bids/proposals,

C. Contracts shall generally be awarded to the qualified vendor with the lowest price. Comptiance with
specifications, ability of the contractor to perform the contract, prior, performance, and the ability to
complete the contract terms in a timely manner are ail criteria to be used in the evaluation process.
With respect to materials and equipment, contracts shall be awarded to the vendor with the lowest
price whose product has met quality requirements. The purchasing agent shall recommend a
bid/proposal award to the user agency, board or commission.
D. Contracts shall be reviewed by the user agency, board or commission, the purchasing agent and the
town attorney to ensure all quality, fairness and legal parameters are met before said contracts are
considered final and approved and may be executed.
E. The board of selectmen (s authorized to make an award, or reject any and all bids/proposats, or any
part of any bids/proposals, when it is in the best interest of the town. All bids/proposals, will be
awarded by the board of selectrnen regardless of funding source, with the sole exception of
bids/proposals funded by use of funds from the sewer enterprise fund, the sewer
development/maintenance fund and the water fund, accounts under the sole discretion of the utility
commission. The purchasing ageni shall be notified of the decision and the reason for any rejection
by either bady.
(Amend. of 12-18-18(1); Amend. of 10-7-13; Amend, of 6-1-15(1)}; R.T.M. 10-6-97 (part): R.T.M. 12-5-04
(part); R.T.M. 4-4-88: prior code § 2-40)
3.08.050 - Waiver of bid/proposal process.
A. In case of emergency, the head of any town agency, board or commission may purchase directly
any Item(s) or service(s) essential to prevent public harm or delays In work. An authorization
document, a copy of the Invoice, and a report of the circumstances shall be sent to both the board af
selectmen and the purchasing agent.
B. After conferring with the purchasing agent and, other than as excepted below, upon a unanimous
vote of all members of the board of selectmen present at any regular or special meeting, a
bid/proposal process may be walved under Sections 3.08.030 and 3.08.040 when deemed to be In
the best Interest of the town, No board, commission or agency Is authorized to enter Into a contract
without compliance with sald process except bids/proposals using funds under the sole discretion of
the utility commission, When such funds are involved, after conferring with the purchasing agent, the
udlity commission, by unanimous vote of all members present at a regular or special meeting, is
authorized to waive the bid/proposal process when deemed to be in the best interest of the town.
Whenever any bid walver is approved pursuant to this chapter, a copy of the minutes that state the
reason why itis In the best interest of the town to waive the formal bid/proposal process shall be
forwarded to the purchasing agent along with a copy of the contract award, Such contracts shall be
reviewed by the user agency, board or commission, the purchasing agent and the town attorney to
ensure all quality, fairmess and legal parameters are met before such contracts are considered final
and approved and may be executed.
(Amend, of 12-18-18(1); Amend. of 10-7-13; Amend. of 6-1-15(1}; R.T.M. 10-6-97 (part): R.T.M. 12-5-94
(part): R.T.M. 4-4-88: prior code § 2-41)

Dratt #2
Title 3 ~ Revenue and Finance
Chapter 3,08 - PURCHASING ART HAR LO PM 6h
3.08.010 - Applicability—Cooperative purchasing.
A. This chapter shall be applicable to.all purchases. of materials, equipment and contracts for services
other than those encompassed in collective bargaining agreements or ‘employment contracts with
hon-union personnel, made on behalf of the town by any town agency, board or commission except
the board of education.
B, This chapter is not applicable to contracts for the construction or alteration of real property when
outside consultants are specifically authorized to perform the purchasIng function; however; the
agency, board or commission hiring such consultant shall require that purchasing under such
contract be performed to standards at least equal to those contained in this chapter and that records
and documents of such purchasing be filed with the purchasing agent of the town immediately upon
thelr execution,
C. When it is tn the best interest of the town, the purchasing agent may make arrangements for
purchasing in conjunction with other units of state and local government and other entities, Reports
of such Instances shall be accompanied by substantial backup verifying the sources utilized to
secure the price, and this report shall be made available to each board or commission that must vote
to authorize the proposal before the purchase is made.
(Amend. of 12-18-18(1); Amend. of 10-7-13; Amend, of 6-1-18(4); R.T.M, 10-6-97 (part): R.T.M. 12-5-94
(part): R.T.M. 4-4-88: prior code § 2-37)
3.08.020 - Establishment, rules and duties of purchasing function,
A. The office of town purchasing agent is established in the department of finance to. coordinate the
purchasing function of the town. The director of finance shall recommend a candidate. for the position
to be appointed by the first selectrnan.
B. A uniform purchasing system and operating rules, consistent with state and federal laws, shall be
established for the town which shall be devised by the purchasing agent, recommended by the
board of selectmen, approved by the R.T.M. and administered in the department of finance. Alll
purchasing transactions shall be processed and recorded within legal constraints-as stated in this
chapter and in Chapter 2.112, Disposition of Town Property.
C. The duties of the purchasing agent are as follows:
4. To promote the most effective and efficient procurement and disposition of town assets and
services;
2. To provide, upon request, Information to support all purchasing operations and management
analyses for decision-making purposes;
3. To provide technical services for the review and recommendation of specifications and purchase
orders;
4, To Implement the bidding/request for proposal process through advertlsing and posting notices of
solicitation;
8. To secure and record quotations/bids/proposals for purchases when multiple vendors are
avallable;

6. To make purchases according to the requisitions and specifications of the user agency, board or
commission;
7. To submit an annual report to the director of finance relative fo the cost effectiveness and
performance of purchasing operations in the town.
(Amend. of 12-18-18(4); Amend. af 10-7-13; Amend, of 6-1-15(1); R.T.M. 10-6-97 (part): R.T.M, 12-5-94
(part): R.7.M. 6-6-88: R.T.M. 4-4-88: prior code § 2-38)
3.08.030 « Purchase categories—Bids/proposals required—Specifications
authorized.
A. Public competitive bidding and purchases of material and equipment and services will be established
and administered, pursuant to CGS §7-148 v(a), at the following level:
1._For purchases exceeding twenty-five thousand dollars, a formal bid process Is required as
authorized in subsection B-?} of Section 3.08.020 of-this-section-and Section 3.08.040,
2, Under twenty-five thousand dollars, the Town purchasing agent’s operating rules shall govern all
other purchasing transactions, and may allow for local vendor preferences'as established under
the operating rules.
(Amend. of 12-18-18(1); Amend, of 10-7-13; Amend. of 6-1-16(1); R.T.M. 10-6-97 (part): R.T.M. 12-5-94
(part): R.T.M. 6-6-B8: R.T.M. 4-4-88; prior code § 2-39)
3.08,040 - Bid process—Opening of bids/proposals—Rejecting bids/proposals—
Awards of contract.
A. No purchases or contracts which require a formal bid or proposal process shall be made or entered
into until the purchasing agent has placed a public advertisement in a newspaper, having a dally
clroulation In the town, and placed on the town web site. Sald advertisement shall appear not less
than fourteen days prior to the receipt of bids/proposats, shall contain information as to the time that
sealed bids/proposats will be received and opened, and the place prospective vendors may obtain
information about the specifications with respect to the materials, equipment or services required,
B. Each bid/proposal shall be opened publicly at the time stated In its advertisement. A public record
shaif identify all present at the opening and ail vendors and the amounts of their bids/proposals.
C, Contracts shall generally be awarded to the qualified vendor with the lowest price. Compliance with
specifications, abllity of the contractor to perform the contract, prior performance, and the ability to
complete the contract terms in a timely manner are all criteria to be used In the evaluation process,
With respect to materials and equipment, contracts shall be awarded to the vendor with the Jowest
price whose product has met quality requirements, The purchasing agent shall recommend a
bid/proposal award to the user agency, board or commission.
D. Contracts shall be reviewed by the user agency, board or commission, the purchasing agent and the
town altorney to ensure all quality, falrness and legal parameters are met before said contracts are
considered final and approved and may be executed,
&, The board of selectmen fs authorized to make an award, or reject any and all bids/proposals, or any
part of any bids/proposals, when it is in the best interest of the town. All bids/proposals, will be
awarded by the board of selectmen regardless of funding source, with the sole exception of
bids/proposals funded by use of funds from the sewer enterprise fund, the sewer
development/maintenance fund and the water fund, accounts under the sole discretion of the uttlity
commission. The purchasing agent shall be notified of the decision and the reason for any rejection
by either body.
2

(Amend. of 12-18-18(1); Amend. of 10-7-13; Amend, of 6-1-15(1); R.T.M, 10-6-97 (part): R.T.M. 12-6-94
(part): R.T.M. 4-4-88: prior code § 2-40)
3.08.050 - Waiver of bid/proposal process.
A, In case of emergency, the head of any town agency, board or commission may purchase directly
any item(s) or service(s) essential to prevent public harm or delays in work. An authorization
document, a copy of the invoice, and a report of the clrcumstances shall be sent to both the board of
selectmen and the purchasing agent.
B, After conferring with the purchasing agent and, other than as excepted below, upon a unanimous
vote of all mambers of the board of selectmen present at any regular or special meeting, a
bid/proposal process may be walved under Sections 3.08.030 and 3.08.040 when deemed to be in
the best interest of the town. No hoard, commission or agency is authorized to enter into a contract
without compliance with said process except bids/proposals using funds under the sole discretion of
the utility commission. When such funds are involved, after conferring with the purchasing agent, the
utility commission, by unanimous vote of all members present at a regular or special meeting, Is
authorized to waive the bid/proposal process when deemed to be in the best interest of the town.
Whenever any bid waiver is approved pursuant to this chapter, a copy of the minutes that state the
reason why it is in the best Interest of the town to waive the formal bid/proposal process shall be
forwarded to the purchasing agent along with a copy of the contract award. Such contracts shall be
reviewed by the user agency, board or commission, the purchasing agent and the town attorney to
ensure all quality, fairness and legal parameters are met before such contracts are considered final
and approved and may be executed.
(Amend. of 12-18-18(1); Amend, of 10-7-43; Amend. of 6-1-18(1); R.T.M. 10-6-97 (part): R.T.M. 12-85-94
(part): R.T.M, 4-4-88: prior code § 2-41)