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08-16-11Regular Town Council Meeting
EAST HARTFORD TOWN COUNCIL

TOWN COUNCIL CHAMBERS

AUGUST 16, 2011

PRESENT Chair Richard F. Kehoe, Vice Chair William P. Horan, Jr., Majority Leader Barbara-Ann Rossi, Minority Leader Eric A. Thompson, Councillors Marc I. Weinberg, Linda A. Russo, Ram Aberasturia, Susan P. Skowronek and Patricia Harmon


CALL TO ORDER

Chair Kehoe called the meeting to order at 7:35 p.m.  He announced the exit locations in
accordance with Connecticut General Statutes § 29-381, after which the Council joined him in the pledge of allegiance.


The Chair called for a moment of silence to honor the life of Charlie Brewer who recently passed away.  Mr. Brewer was a longtime East Hartford resident who was very active in East Hartford sporting leagues, the Boy Scouts of America, and past Chair of the Building Code Board of Appeals.  He will be missed.


OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS

Susan Kniep, 50 Olde Roberts, (1) thanked the Mayor and Chief of Police for posting the part 1 crime statistics map for East Hartford to the town’s website; (2) suggested that the liaison to CRCOG give an update to the Town Council; (3) asked if the CRCOG application on tonight’s agenda for Brewer Street is for a new section of Brewer Street; (4) agrees with the reprogramming of the CDBG funds for Interval House; and (5) questioned the repetitive use of architectural services as listed on the on-call service contracts.

Mary Alice Dwyer-Hughes, 37 Greene Terrace, (1) congratulated the East Hartford Little League Baseball Minor League champs, sponsored by Sal’s Glass; (2) looks forward to the Development Department update; (3) asked that the EHWorks website be updated with more current information; (4) supports the reprogramming of CDBG funds for Interval House; (5) recommends that a resident from the town be included in the Flood Protection Committee; (6) applauds the Finance Director for the proposed municipal tax-exempt lease purchase agreement for the fire engine and the bulky waste roll-off truck; (7) cautioned the Council on revising the Town Clerk job description so as to not tailor a job description to fit a specific applicant; and (8) found a grant on-line that could help assist the town with the flood control bond issue or stormwater management and will pass this along to the Mayor.

Mayor Leclerc (1) congratulated all the East Hartford Little League Baseball players for an outstanding season; (2) supports the revision to the job description of the Director of Public Works; (3) thanked Ms. Dwyer-Hughes for bringing the on-line grant information to her and indicated that the town has already applied for that grant; (4) supports the CRCOG grants for Forbes Street, Brewer Street and Hillside Street; and (5) favors the referral to the Ordinance Committee for the proposed revision to the Town Clerk job description and hopes that the Council waive the certification requirement that is presently in the job description; and (6) looks forward to the Development Department’s update.


APPROVAL OF MINUTES

August 2, 2011 Public Hearing/ Flood Control Bond

MOTION  By Barbara Rossi
                        seconded by Pat Harmon
                        to approve the minutes of the August 2, 2011 Public Hearing/Flood
                        Control Bond.
                        Motion carried 9/0.
                
August 2, 2011 Regular Meeting  

MOTION  By Barbara Rossi
                        seconded by Eric Thompson
                        to approve the minutes of the August 2, 2011 Regular Meeting.
                        Motion carried 9/0.



COMMUNICATIONS AND PETITIONS

East Hartford Little League: Baseball Champs

Vice Chair Horan introduced the East Hartford Little League Major Baseball Champions, sponsored by I.A.M. and coached by Tara Lewis, and the East Hartford Little League Minor Baseball Champions, sponsored by Sal’s Glass and coached by Tim Kiro.    

Coach Kiro thanked the Mayor and the Town Council for recognizing the dedication and commitment of the players and the parents.


Development Department Update

John Choquette, Director of Development, addressed four areas of development: (1) growing the grand list; (2) job growth impact; (3) existing under-utilized commercial areas; and (4) new initiatives.  Mr. Choquette thoroughly explained what steps he and his department have taken in marketing the town and the various commercial properties that are available for sale and/or lease.  He also reminded the Council that both market conditions and demographics play an important role in moving the town forward.  Mr. Choquette touched briefly on the Mayor’s proposed initiative for a tax deferral program which would be available to homeowners and commercial property owners.  


On-Call Service Contracts Report: FY 2010-2011  
Chair Kehoe briefly explained the conditions of Town Ordinance §10-6(a) and the compliance with that ordinance.  The town has eight outstanding on-call contracts which will be in effect for a maximum of five years from the date of the award of the contract or for a maximum dollar amount of $100,000, whichever comes first.


NEW BUSINESS

Reprogramming Community Development Block Grant Funds re: Interval House

MOTION  By Linda Russo
                seconded by Susan Skowronek
                to adopt the following resolution:

WHEREAS, The Town Council of the Town of East Hartford voted, on June 21, 2011, to reduce Senior Support Services by $ 5,000 and to establish a new line
item for Interval House in the amount of $ 5,000, from the Thirty-seventh Program Year (2011-2012) Community Development Block Grant; and

WHEREAS, in accordance with the Grants Administration Office’s Citizen Participation Plan, a 30 calendar day citizen comment period was provided through the publication of a legal notice on June 28, 2011.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of East Hartford does authorize the reprogramming of the aforementioned 37th Year Community Development Block Grant funds in the amount of $ 5,000 for Interval House.

AND, FURTHER, BE IT RESOLVED that the Town Council does authorize its Mayor, Marcia A. Leclerc, to act as a representative of the Town and to submit such documents as may be necessary to enact this reprogramming to the US Department of Housing and Urban Development.

On call of the vote, motion carried 9/0.


Recommendations from Ordinance Committee:

Proposed Job Description Revision to §2-115, Director of Public Works

MOTION  By Bill Horan
                seconded by Eric Thompson
                to amend Section 2-115 of the Town of East Hartford Code of
                Ordinances entitled Director of Public Works consistent with the draft
                proposed ordinance dated July 19, 2011 that was unanimously
                recommended by the Ordinance Committee. 
                Motion carried 9/0.

Section  2-115. Application of Article

July 19, 2011 Draft

Director of Public Works.   The Director of Public Works shall have a Bachelors Degree in Civil Engineering and a Professional Engineer’s License issued by the State of Connecticut, with at least five years of supervisory experience at a unit or division level.  Relevant graduate training in management may be substituted for the work experience on a year for year basis, not to exceed two years.  The Director of Public Works shall have a Bachelor’s degree in engineering, public administration or business management, or a related field and eight years of professional experience in engineering, public works administration, construction project management, and shall demonstrate the knowledge, skills and supervisory abilities necessary to perform the functions of the position.  A Connecticut professional engineer’s license or a Master’s degree in public administration, business management, or a related field are desirable.  Thorough knowledge of engineering and architectural procedures in building construction and operation, road and highway maintenance; a working knowledge of solid waste collection; knowledge of construction methods, materials and equipment; knowledge of laws and regulations related to public works programs and responsibilities; ability to plan, direct, and coordinate; ability to present technical information in a clear, concise manner to non-technical persons; ability to deal effectively with staff, officials and members of the public; working knowledge of labor relations practices and procedures; the ability to supervise; and such other requirements as the town shall deem necessary.
        

Proposed New Ordinance entitled Flood Protection Committee:

MOTION  By Bill Horan
                seconded by Eric Thompson
                to table this issue until the next Town Council
                meeting scheduled for September 6, 2011.
                Motion carried 9/0.


NEW BUSINESS

Bond Referendum: Flood Control

MOTION  By Barbara Rossi
                seconded by Eric Thompson
                to waive the reading of Sections 2 through 6.
                Motion carried 9/0.

MOTION  By Barbara Rossi
                seconded by Linda Russo
                to approve the following resolution:

RESOLUTION APPROPRIATING $7,000,000 FOR CORRECTIVE ACTION TO BE TAKEN ON THE TOWN’S FLOOD CONTROL SYSTEM AND AUTHORIZING THE ISSUANCE OF $7,000,000 BONDS OF THE TOWN TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE

BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF EAST HARTFORD:

        Section 1.      The sum of $7,000,000 is appropriated, subject to Town Council approval of such appropriation, for improvements and repairs to the Town’s flood control system, including, but not limited to, bringing the system into conformity with federally mandated standards imposed on the Town by the U.S. Army Corps of Engineers.

        Section 2.      To meet said appropriation $7,000,000 bonds of the Town or so much thereof as shall be necessary for such purpose shall be issued, maturing not later than the tenth year after their date.  Said bonds may be issued in one or more series as determined by the Mayor, Treasurer, and Director of Finance in the amount necessary to meet the Town’s share of the cost of the Project, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the costs of issuance of such bonds.  The bonds shall be in the denomination of $5,000 or a whole multiple thereof, be issued fully registered form, be executed in the name and on behalf of the Town by the facsimile or manual signatures of the Mayor and the Treasurer, bear the Town seal or a facsimile thereof, be certified by a bank or trust company which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company and be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford.  The bonds shall be general obligations of the Town and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the Town are pledged to the payment of the principal thereof and interest thereon.  The aggregate principal amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if any, the certifying, registrar and transfer agent and paying agent, the date, time of issue and sale and other terms, details and particulars of such bonds including approval of the rate or rates of interest, shall be determined by the Mayor, Treasurer, and Director of Finance in accordance with the General Statutes of Connecticut, Revision of 1958, as amended from time to time (“Connecticut General Statutes”).

        Section 3.      Said bonds shall be sold by the Mayor, Treasurer, and Director of Finance in a competitive offering or by negotiation, in their discretion.  If sold in a competitive offering, the bonds shall be sold at not less than par and accrued interest on the basis of the lowest net or true interest cost to the Town.  A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least five days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds.  If the bonds are sold by negotiation, provisions of the purchase agreement shall be approved by the Mayor, Treasurer, and Director of Finance.

        Section 4.      The Mayor, Treasurer, and Director of Finance are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of said bonds.  Notes evidencing such borrowings shall be signed by the Mayor and the Treasurer, have the seal of the Town affixed, be payable at a bank or trust company designated by the Mayor, Treasurer, and Director of Finance, be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company designated by the Mayor, Treasurer, and Director of Finance pursuant to Section 7-373 of the Connecticut General Statutes.  The notes shall be issued with maturity dates which comply with the provisions of the Connecticut General Statutes governing the issuance of such notes.  The notes shall be general obligations of the Town and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the Town are pledged to the payment of the principal thereof and the interest thereon.  The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, shall be included as a cost of the Project.  Upon the sale of the bonds, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such notes then outstanding or shall be deposited with a bank or trust company in trust for such purpose.

        Section 5.      The Town hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this resolution in the maximum amount and for the project defined in Section 1 with the proceeds of bonds, notes, or other obligations (“Bonds”) authorized to be issued by the Town.  The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize.  The Town hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date.  The Director of Finance or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds.

        Section 6.      The Mayor, Treasurer and Director of Finance are hereby authorized, on behalf of the Town, to enter into agreements or otherwise covenant for the benefit of bondholders to provide information on an annual or other periodic basis to Municipal Securities Rulemaking Board (the “MSRB”) and to provide notices to the MSRB of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this resolution.  Any agreements or representations to provide information to MSRB made prior hereto are hereby confirmed, ratified and approved.

On call of the vote, motion carried 9/0.


Placement on the Ballot

MOTION  By Barbara Rossi
                seconded by Susan Skowronek
                to approve the following:

RESOLVED:  That the resolution entitled “Resolution Appropriating $7,000,000 For Corrective Action To Be Taken On The Town’s Flood Control System And Authorizing The Issuance Of $7,000,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Town Council on August 16, 2011, be submitted to the Town electors for approval or disapproval at a referendum in conjunction with the general election to be held on Tuesday, November 8, 2011, between the hours of 6:00 a.m. and 8:00 p.m. (E.S.T.), and that the warning of said referendum shall state the question to be voted upon as follows:

1.      “Shall the resolution entitled ‘Resolution Appropriating $7,000,000 For Corrective Action To Be Taken On The Town’s Flood Control System And Authorizing The Issuance Of $7,000,000 Bonds Of The Town To Meet Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose’, adopted by the Town Council on August 16, 2011, be approved?”

        The ballot label for said question shall read as follows:

“Shall the $7,000,000 appropriation and bond authorization for corrective action on the Town’s Flood Control System be approved?”

        YES _____       NO _____

        The warning shall also state that the full text of the aforesaid resolution is on file, open to public inspection, in the office of the Town Clerk, that the vote on the aforesaid bond resolution is taken under the authority of Chapter VI Section 6.9 of the Charter of the Town of East Hartford, and Chapter 152 of the Connecticut General Statutes, as amended, and that absentee ballots will be available in accordance with law in the office of the Town Clerk.

Motion carried 9/0.


Explanatory Text Publication and Payment Thereof for Bond Referenda

MOTION  By Barbara Rossi
                seconded by Linda Russo
                that the Town Clerk prepare for publication the explanatory text
                regarding the bond referenda and that those costs be paid for by the
                Town Clerk’s office.
                Motion carried 9/0.

CRCOG Grant Applications:

Reconstruction of Forbes Street

MOTION  By Ram Aberasturia
                seconded by Susan Skowronek
                to adopt the following resolution:

RESOLVED: That the East Hartford Town Council strongly supports the reconstruction of Forbes Street and the submittal of an application to the Capital Region Council of Government's Transportation Committee for possible funding.

On call of the vote, motion carried 9/0.


Reconstruction of Brewer Street

MOTION  By Ram Aberasturia
                seconded by Barbara Rossi
                to adopt the following resolution:

RESOLVED: That the East Hartford Town Council strongly supports the reconstruction of Brewer Street – Phase II and the submittal of an application to the Capital Region Council of Government's Transportation Committee for possible funding.

On call of the vote, motion carried 9/0.


Pavement Rehabilitation of Hillside Street

MOTION  By Ram Aberasturia
                seconded by Barbara Rossi
                to adopt the following resolution:
RESOLVED: That the East Hartford Town Council strongly supports the pavement rehabilitation of Hillside Street and the submittal of an application to the Capital Region Council of Government's Transportation Committee for possible funding.

On call of the vote, motion carried 9/0.


The Town Council recognized that this was the last Town Council meeting for Grants Administrator Mary Martin and wished her well in retirement.


Municipal Tax-exempt Lease Purchase Financing Agreement re: Fire Engine and Buldy Waste Roll-off Truck

MOTION  By Bill Horan
                seconded by Barbara Rossi
to adopt the following resolution:

RESOLUTION TO AUTHORIZE A MUNICIPAL TAX-EXEMPT
LEASE PURCHASE FINANCING AGREEMENT

WHEREAS, the Town of East Hartford approved the purchase of a fire engine and bulky waste roll-off truck as part of the Town of East Hartford’s Approved 5-Year Capital Improvement Plan for the Years 2011-2012 through 2015-2016; and

WHEREAS, the funding source for the aforementioned capital equipment was from Fund Balance; and

WHEREAS, in an effort to further strengthen the Town’s financial position, the Fund Balance transfer for the purchase of the fire engine and bulky waste roll-off truck be cancelled and replaced with a municipal tax-exempt lease purchase financing, and   

WHEREAS, because the Town received a $417,000 bond premium based on an $11M bond sale, the Town desires to use that funding toward the stabilization of future lease debt service; and  

WHEREAS, the Town will budget $208,000 in fiscal years 2013-2014 through 2016-2017 in the General Operating Fund to pay principal and interest on the aforementioned capital purchases.  

THEREFORE BE IT RESOLVED, that the Mayor of the Town of East Hartford is authorized to enter into a master lease purchase agreement and related documents with Chase Equipment Finance, Inc. in the principal amount not to exceed $785,000.  The interest rate, payment schedule and other details of the financing shall be mutually determined between the company and the Mayor, whose signatures will indicate approval of specific terms and conditions.

BE IT FURTHER RESOLVED, that the Town declares its intent to be reimbursed for any temporary advances from the General Fund to pay for any part of the equipment from proceeds of the lease financing in accordance with Treasury Regulation 26 CFR 1.103-18 and/or 26CFR1.150-2.

On call of the vote, motion carried 9/0.


Refund of Taxes

MOTION  By Marc Weinberg
                seconded by Pat Harmon
                to refund taxes in the amount of $3,672.48  
                pursuant to Section 12-129 of the Connecticut General Statutes.
                Motion carried 9/0.


Bill
Name
Prop Loc/Vehicle Info.
Over Paid
2010-03-0051710
ASHE PETER T
1992/155CRG/1FTCR10A4NTA31677
$      (9.54)
2010-03-0052575
BASKERVILLE BARRY H
1974/33CG60/T25JEU22280
$    (10.70)
2010-03-0056339
CHAMBERLAND KEVIN E
2005/419WLK/JTKDE167550049871
$    (18.00)
2010-03-0057373
COMAROTTI PATRICIA L
1994/YT4502/1G2NW15M3RC823656
$      (8.85)
2010-03-0058544
CRAMER JOAN OR GEORGE
99 KNOLLWOOD ROAD
$(1,979.78)
2010-03-0062100
CURRIER JESSICA A
2010/889405/4YMUL1212AV093156
$    (37.17)
2010-03-0065165
FINAN JENNIFER OR MARK
2004/309UYG/JNKCV51F84M704345
$  (349.36)
2010-03-0067676
GECF LOAN LEASE HOLDING
PPG01096
$  (132.52)
2010-03-0068871
GUERRA ERIC E
2005/225XYL/WBAEK73455B328420
$  (197.40)
2010-03-0072151
JACOBS PAUL D
2003/172XUL/5Y2SL628X3Z460868
$    (41.37)
2010-03-0074414
KELLY GARRY C
2007/842061/JKAZX4P157A018629
$  (127.70)
2010-03-0075468
MANDLIK SHEKHAR D
1999/269YCH/JHMCG5642XC000427
$    (22.24)
C/O VINIT ADURR
2010-03-0077879
MIRANDA HECTOR R
1989/123457/2GBJG31K8K4161708
$  (168.66)
2010-03-0079230
NALUZZE HELEN
1996/721WRG/4S3BD4553T7210788
$      (6.40)
2010-03-0080962
PELLETIER EDGAR J
1987/113601/1FDKE30L2HHB24835
$    (18.10)
2010-03-0083082
POTTERTON NICOLE H
2004/264WGL/3N1CB51D54L908820
$    (25.74)
2010-03-0083083
RIVERA VIVIANA
2002/749UHN/3N1CB51D92L634521
$    (48.94)
2010-03-0087626
SANTANA IVAN
1996 CHEV MONTE CARLOS
$    (59.73)
2010-03-0088264
SAUVE MICHELLE L
2000/LZ7097/1J4FF47S8YL202063
$    (21.45)
2010-03-0088564
SAUVE MICHELLE L
1998/510XVC/W06VR52R1WR062825
$    (13.39)
2010-02-0040718
TASH JOAN D OR EDWARD F
2002 FORD WINDSTAR
 $    (59.52)
2004-01-0010687
VANN CAROL E
1983/1COUG/1MEBP9239DH622425
$      (5.00)
2009-03-0086091
VENTURA ADELINA
2000 DODGE INTREPID
$  (103.23)
2009-03-0088316
VO HUYEN V
2004/477RHM/1HGCM56634A116353
$    (67.01)
WALTER KENNETH D OR
2008/813JHX/1HGFA16548L095741
$  (140.68)
WALTER MARY E
                                   TOTAL
$(3,672.48)

Gengras Harley-Davidson Fall Open House

MOTION  By Linda Russo
                seconded by Barbara Rossi
to approve the outdoor amusement permit application submitted by
Hannah Gavin, Events Coordinator, on behalf of Gengras Motor
Cars, Inc. to conduct a Fall Open House weekend featuring music, a cookout, sales and
vendors at 221 Governor Street on Saturday, September 17, 2011 from 9AM to 4PM, with
music provided on that day from 11:30 AM to 3:30PM, and on Sunday, September 18, 2011
from 10AM to 3PM, subject to compliance with adopted codes and regulations of the State
of Connecticut, the Town of East Hartford, and any other stipulations required by the Town
of East Hartford or its agencies.
                Motion carried 9/0.


Referral to Ordinance Committee re: Town Clerk Job Description

MOTION  By Bill Horan
                seconded by Eric Thompson
                to refer to the Ordinance Committee Section 2-115 of the Town of East
                Hartford Code of Ordinances entitled Town Clerk/Registrar of Vital
Statistics to investigate the issue of whether the job description for the
Town Clerk should be amended and to report back to the Town Council
with its recommendations.
Motion carried 9/0.

Waiver of Certification Requirement for Town Clerk

MOTION  By Bill Horan
                seconded by Susan Skowronek
                to waive the certification requirement for the Town Clerk pursuant to
                Section 2-114 of the Town of East Hartford Code of Ordinances.
                Motion carried 9/0.

OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION
Susan Skowronek (1) notified the Mayor of a large pothole on Overbrook Drive; and (2) told the Council that, while on vacation in Florida, she saw a televised announcement for the Podunk Bluegrass Music Festival.

Ram Aberasturia (1) requested a written summary of the update from the Development Department; (2) suggested a multi-lingual option for the town’s website; and (3) reminded parents that the first day of school is approaching soon and to purchase uniforms for their children.

Barbara Rossi announced that the town received the Commercial and Institutional Award of Merit from the Connecticut Green Building Council for the new firehouse on Brewer Street.

Marc Weinberg (1) stated that a woman from New York in attendance at the Podunk Bluegrass Music Festival remarked on how safe she felt at Martin Park; and (2) wished Roger Moss a happy birthday.  


COUNCIL ACTION ON EXECUTIVE SESSION MATTERS

None


OPPORTUNITY FOR RESIDENTS TO SPEAK

None



ADJOURNMENT

MOTION  By Eric Thompson
                seconded by Bill Horan
                to adjourn (9:57 p.m.).
                Motion carried 9/0.


The Chair announced that the next meeting of the Town Council would be on September 6, 2011.




                                        Attest________________________________
                                                        Angela M. Attenello
                                                          TOWN COUNCIL CLERK