Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Procurement Governance topic
No spam. Unsubscribe anytime.
Middletown council hears outside counsel's procurement review, refers ordinance changes and tables Keating contract
Summary
Outside counsel Stephen G. Mednick told the Middlesex Common Council’s committee of the whole that the city's handling of a building-management contract showed multiple lapses in compliance with the professional-services provisions of city code; the council unanimously referred two remedial ordinance proposals to the General Counsel Commission, approved a retainer for Mednick, and tabled the Keating management contract awarded to RWK Enterprises LLC.
Attorney Stephen G. Mednick presented a documentary review to the council on Feb. 10, concluding the city's procurement and professional-services procedures showed multiple compliance gaps in the handling of management contracts related to the Keating Historical Enterprise Park.
Mednick emphasized he conducted a document review, not an investigation, and said the city's charter vests approval authority for multiyear contracts in the legislative body. He identified the professional-services provision in the city code (section 78-10) as frequently unmet in the Keating-related contracts, noting the series of agreements started at about $34,200 for the initial year and later reached annualized figures in the $72,000 range; the RFP that followed set year one at $75,000 and year two at $78,000. Mednick said the professional-services committee either did not solicit three estimates "wherever practicable" or left selection criteria blank, and he found no scope statements and no clear record that a committee approved the two-year amendment described in the files.
"There was really no very little compliance with the code of ordinances," Mednick said, calling for increased transparency and for minutes and posted meetings for the professional-services committee so the public can see how such decisions are made.
The council voted unanimously to refer two of Mednick's proposals ' an amendment to the professional-services ordinance and a contract accountability, reporting and compliance ordinance ' to the General Counsel Commission for drafting and action. Council members and the city attorney discussed next steps to draft legislative language that preserves procurement controls while addressing administrative concerns.
Council members also voted unanimously to table agenda item 8, which concerns the City of Middletown's agreement for management services at Keating Historical Enterprise Park as awarded by RFP to RWK Enterprises LLC. That tabling removes the contract from immediate consideration while the council seeks further review.
Separately, the council approved an updated retainer letter for Attorney Mednick, which was read into the record and set his billing rate at $220 per hour. The city attorney and council leaders clarified that the city charter requires nine council votes to retain outside counsel on an individual matter; the retainer was limited in scope to the report and follow-up addressed in the meeting, and council members ratified payment for the work Mednick had already performed.
What happens next: referred ordinance changes will be drafted by the General Counsel Commission and returned to the council for consideration; the Keating contract remains tabled pending further review.
