EAST HARTFORD TOWN COUNCIL
TOWN COUNCIL CHAMBERS
AUGUST 26, 2008
PRESENT Chair Richard F. Kehoe, Vice Chair William P. Horan, Jr., Majority Leader Marcia A. Leclerc, Minority Leader Donald H. Pitkin, Councillors Marc I. Weinberg, Jason Rojas, Barbara-Ann Rossi, Patricia Harmon and Eric Thompson
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, which was led by members of Boy Scout Troop 57.
RECOGNITIONS AND AWARDS
Officer Todd Mona and K-9 Primo: 2007 Daniel Wasson Memorial K-9 Award
The Chair read the following proclamation:
P R O C L A M A T I O N
WHEREAS, Officer Todd Mona and his K9 partner, Primo, graduated from the Connecticut State Police K9 Academy on December 23, 2006; and
WHEREAS, during 2007, the team tracked suspects in an armed robbery/kidnapping, tracked a suspect with felony warrants that violently resisted arrest, apprehended suspects involved in the beating of three tow truck operators and have been successful in tracking suspects in several home burglaries; and
WHEREAS, Officer Mona and Primo have assisted the Manchester Police, tracking suspects involved in an armed robbery at Dunkin Donuts on Spencer Street that was extremely difficult due to heavy vehicular traffic; and
WHEREAS, during their first year as a team, they had many outstanding finds and criminal apprehensions.
NOW, THEREFORE, I, Melody A. Currey am honored and proud to join with the members of the Town Council to congratulate
OFFICER TODD MONA AND K9 PARTNER PRIMO
AS THE RECIPIENTS OF THE 2007
“DANIEL WASSON MEMORIAL CANINE AWARD”
and thank them for their dedication and commitment to our community.
The Mayor presented the proclamation to Officer Mona and K-9 partner Primo and, along with the entire Town Council, sincerely thanked them for their dedication to the protection of the citizens of East Hartford.
East Hartford Police Department K-9 Division: 2008 K-9 Olympics
The Chair read the following resolution:
RESOLUTION OF THE EAST HARTFORD TOWN COUNCIL
Whereas, East Hartford K-9 partners John Zavalick and Axel, Stephen Grossi and Odin, and Todd Mona and Primo participated in the 2008 Connecticut Police K-9 Olympics; and
Whereas, East Hartford has won many awards in these Olympics taking 1st Place Overall 12 times; and
Whereas, Officer Stephen Grossi and Odin continued the proud East Hartford tradition by taking 1st Place, Officer Zavalick and Axel took Best in Tactical Obedience, and Officer Mona and Primo took Best Criminal Apprehension; and
Whereas, the East Harford Police K-9 unit successfully maintains public safety each day and protects the safety of police officers in many dangerous situations.
NOW THEREFORE BE IT RESOLVED, that the East Hartford Town Council extends its sincere congratulations to the Officer/Canine teams John Zavalick and Axel, Stephen Grossi and Odin, and Todd Mona and Primo on their tremendous effort at the K-9 Olympics and further congratulates the entire East Hartford K-9 squad for their hard work and dedication throughout the year.
Also, let it further be known, that Mayor Melody A. Currey joins the Town Council in this affirmation of tribute and honor.
The Mayor and Council thanked the K-9 unit, and their families, for their commitment to the safety of the community. On behalf of the K-9 division, Officer Zavalick thanked the Council for this award and recognized their families and colleagues, especially Lieutenant Todd Hanlon who heads the K-9 unit, for their support in making East Hartford’s K-9 teams second to none.
East Hartford 10-11 Year Old All Stars Girls’ Softball Team
Chair Kehoe read the following proclamation:
P R O C L A M A T I O N
WHEREAS, baseball is the greatest game of all time and has become our national pastime; and
WHEREAS, East Hartford has been a wonderful home to girls softball and has produced outstanding teams and players; and
WHEREAS, the East Hartford 10-11 All Stars, led by manager Kevin Charest and coaching staff
Andy Vachon and Brian Oatway are the 2007 and 2008 District Champions; and
WHEREAS, players Damani Brandon, Taylor Cafro, Kristen Charest, Rhianna Eaton, Olivia Gonzalez, Erica McKinley, Kevi Oatway, Brianna Pintavalle, Malena Quiles, Amanda Santiago, MacKenzie Satalino, Suzanne Vachon and Abigail Welles brought the winning title home to our community two years in a row.
NOW, THEREFORE, I, Melody A. Currey, Mayor, join with members of the entire East Hartford Town Council to offer their sincerest congratulations to
EAST HARTFORD 10-11 ALLSTARS
and on behalf of the citizenry of the town we applaud you upon this remarkable achievement.
The Council joined with the Mayor to congratulate the efforts of the team in representing the town of East Hartford throughout the state. The girls presented their coaches with team T-shirts in recognition of their hard work and dedication to the team.
OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS
Susan Kniep, 44, 46 and 50 Olde Roberts Street, asked that the Council not bring the bond referenda forward due to economic conditions. Ms. Kniep inquired on section 8-69, entitled “Location” of the sexually oriented business ordinance as it relates to the zoning regulations.
Jon Searles, 51 Spaulding Circle, inquired on the reference to the zoning regulations in section 8-69 of the proposed sexually oriented businesses ordinance. Additionally, Mr. Searles asked that the funding on the proposed bond referenda is used strictly for the purpose for which the resolution is stated.
Mayor Currey stated that (1) acting Fire Chief Perez has declined the position of Fire Chief; (2) John Oates, a firefighter from West Hartford, has accepted the position of Fire Chief for East Hartford effective the end of September; (3) the bid for the road work came in lower than expected and, as a result, the town included Mercer Avenue in their schedule of improvements; (4) she fully supports the three bond referenda; (5) school building improvements are reimbursed approximately 72% by the state.
APPROVAL OF MINUTES
August 5, 2008 Public Hearing/Bond Referenda
MOTION By Marcia Leclerc
seconded by Eric Thompson
to approve the minutes of the August 5, 2008 Public Hearing/Bond
Referenda.
Motion carried 9/0.
August 5, 2008 Regular Meeting
MOTION By Marcia Leclerc
seconded by Jason Rojas
to approve the minutes of the August 5, 2008 Regular Meeting.
Motion carried 9/0.
August 13, 2008 Public Hearing/Proposed Sexually Oriented Businesses Ordinance
MOTION By Marcia Leclerc
seconded by Pat Harmon
to approve the minutes of the August 13, 2008 Public Hearing/Proposed
Sexually Oriented Businesses Ordinance.
Motion carried 9/0.
RESOLUTIONS
Emergency Management and Homeland Security Memoranda of Agreement:
Statewide Tactical On-Scene Communications Systems (STOCS) Boxes
MOTION By Jason Rojas
seconded by Marc Weinberg
to adopt the following resolution:
WHEREAS, the State of Connecticut Department of Emergency Management and Homeland Security (DEMHS) is the designated recipient and State Administrative Agency of the United States Department of Homeland Security for grants awarded beginning in Federal Fiscal Year 2004, up to the present time; and has purchased a number of Statewide Tactical On-Scene Communications System (STOCS) Boxes for deployment throughout the state, and;
WHEREAS, the Town of East Hartford has agreed to serve as the custodian of a STOCS Box to enhance interoperable communications capabilities on behalf of the Town, the region, and the State;
NOW, THEREFORE BE IT RESOLVED, that Melody A. Currey, Mayor of the Town of East Hartford, is authorized and directed to enter into a Memorandum of Agreement with DEMHS to respond effectively to emergency incidents through enhanced interoperable communications by establishing the terms, conditions, and responsibilities among the parties regarding the STOCS Box.
On call of the vote, motion carried 9/0.
Mass Casualty Decontamination Trailer
MOTION By Jason Rojas
seconded by Marc Weinberg
to adopt the following resolution:
WHEREAS, the State of Connecticut Department of Emergency Management and Homeland Security (DEMHS) is the designated recipient and State Administrative Agency of the United States Department of Homeland Security for grants awarded beginning in Federal Fiscal Year 2004, up to the present time; and
WHEREAS, the Town of East Hartford has agreed to operate as the custodial owner of a Mass Casualty Decontamination Trailer on behalf of the Town, the region, and, if necessary, the State; and
WHEREAS, DEMHS will provide for certain repairs to the Mass Casualty Decontamination Trailer to restore it to operating condition;
NOW, THEREFORE BE IT RESOLVED, that Melody A. Currey, Mayor of the Town of East Hartford, is authorized and directed to enter into a Memorandum of Agreement with DEMHS to respond effectively to emergency incidents involving decontamination by establishing the terms, conditions, and responsibilities among the parties for ownership, management, repair, maintenance, and deployment of the Mass Casualty Decontamination Trailer.
On call of the vote, motion carried 9/0.
State Public Library Construction Grant
MOTION By Jason Rojas
seconded by Eric Thompson
to adopt the following resolution:
RESOLVED, that Melody A. Currey, Mayor of the Town of East Hartford, is empowered to execute and deliver in the name and on behalf of this organization an application to the Connecticut State Library, State of Connecticut, for a State Public Library Construction grant in the amount of $1,000, 000 (one million dollars) to be used for the construction of an addition to the Raymond Library.
On call of the vote, motion carried 9/0.
NEW BUSINESS
Bond Referenda:
Road Reconstruction – Phase III
MOTION By Marcia Leclerc
seconded by Pat Harmon
to adopt the following resolution:
RESOLUTION APPROPRIATING $10,000,000 FOR THE PLANNING, DESIGN, CONSTRUCTION AND RECONSTRUCTION OF TOWN ROADS AND AUTHORIZING THE ISSUANCE OF $10,000,000 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 $10,000,000 is appropriated for the planning, design, construction and reconstruction of town roads - Phase III, including rebuilding, resurfacing, drainage, conduits, and related infrastructure improvements (the “Project”), and for administrative, legal and financing costs related thereto.
Section 2. To meet said appropriation $10,000,000 bonds of the Town or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the twentieth 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 projects, 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 administrative, printing and legal costs of issuing the 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, register 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 de-termined by the Mayor, Treasurer, and Director of Finance in accordance with the General Statutes of the State of Connecticut, as amended.
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 Town Council.
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 General Statutes of Connecticut, as amended. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such notes,
as the same may be amended from time to time. 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 nationally recognized municipal securities information repositories or state based information repositories (the “Repositories”) and to provide notices to the Repositories 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 Repositories made prior hereto are hereby confirmed, ratified and approved.
MOTION By Jason Rojas
seconded by Pat Harmon
to waive the reading of Sections 2 through 6.
Motion carried 9/0.
On call of the vote on the bond referendum for road reconstruction – phase III, motion carried 9/0.
It was noted by the Chair that it is the intent of the Council in approving these bonds that the bonds will be issued with a maximum limit of ten years.
MOTION By Marcia Leclerc
seconded by Marc Weinberg
to approve the following:
RESOLVED: That the resolution entitled “Resolution Appropriating $10,000,000 For The Planning, Design, Construction And Reconstruction Of Town Roads And Authorizing The Issuance Of $10,000,000 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 26, 2008, 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 4, 2008, 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:
Shall the resolution Appropriating $10,000,000 For The Planning, Design, Construction And Reconstruction Of Town Roads And Authorizing The Issuance Of $10,000,000 Bonds Of The Town To Meet Said Appropriation, adopted by the Town Council on August 26, 2008, be approved?
The ballot label for said question shall read as follows:
Shall the $10,000,000 appropriation and bond authorization for the planning, design, construction and reconstruction of Town Roads 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 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 as provided by law in the office of the Town Clerk.
On call of the vote, motion carried 9/0.
Various School Improvements
MOTION By Marcia Leclerc
seconded by Marc Weinberg
to adopt the following resolution:
RESOLUTION APPROPRIATING $1,885,000 FOR VARIOUS SCHOOL IMPROVEMENTS AND AUTHORIZING THE ISSUANCE OF $900,000 BONDS OF THE TOWN TO MEET THE TOWN’S SHARE OF 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 $1,885,000 is appropriated for various school improvement projects, including, but not limited to, Goodwin School roof, O’Connell School roof, boiler replacement - Hockanum School, boiler replacement - Woodland School and High School track repairs, and administrative, printing, legal and financing costs related thereto (the “Project”), said appropriation to be inclusive of any and all State grants-in-aid thereof.
Section 2. To meet the Town’s share of said appropriation $900,000 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, 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 administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of $5,000 or a whole multiple thereof, be issued in 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, register 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 the State of Connecticut, as amended.
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 Town
Council.
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 General Statutes of Connecticut, as amended. They shall be issued with maturity dates which comply with the provisions of the General Statutes
governing the issuance of such notes, as the same may be amended from time to time. 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 Mayor is hereby authorized to spend a sum not to exceed the aforesaid appropriation for the purposes set forth herein, and the Mayor is specifically authorized to make, execute and deliver any contract or contracts, and any other documents necessary or convenient to complete the Project authorized herein and the financing thereof.
Section 6. 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 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 7. 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 nationally recognized municipal securities information repositories or state based information repositories (the “Repositories”) and to provide notices to the Repositories 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 Repositories made prior hereto are hereby
confirmed, ratified and approved.
Section 8. The Board of Education is authorized in the name and on behalf of the Town to apply to the Connecticut Commissioner of Education for any and all State grants-in-aid of the Project.
MOTION By Marcia Leclerc
seconded by Eric Thompson
to waive the reading of Sections 3 through 8.
Motion carried 9/0.
On call of the vote on the bond referendum for various school improvements, motion carried 9/0.
MOTION By Marcia Leclerc
seconded by Marc Weinberg
to approve the following:
RESOLVED: That the resolution entitled “Resolution Appropriating $1,885,000 For Various School Improvements And Authorizing The Issuance Of $900,000 Bonds Of The Town To Meet The Town’s Share Of Said Appropriation And Pending The Issuance Thereof The Making Of Temporary Borrowings For Such Purpose”, adopted by the Town Council on August 26, 2008, 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 4, 2008, 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 questions to be voted upon as follows:
Shall the resolution Appropriating $1,885,000 For Various School Improvements And Authorizing The Issuance Of $900,000 Bonds Of The Town To Meet the Town’s share of Said Appropriation not otherwise met from state grants-in-aid adopted by the Town Council on August 26, 2008, be approved?
The ballot label for said question shall read as follows:
Shall the appropriation of $1,885,000 and bond authorization of $900,000 to meet the Town’s share of said appropriation for various school improvements 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 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 as provided by law in the office of the Town Clerk.
On call of the vote, motion carried 9/0.
Expansion of Raymond Library
MOTION By Marcia Leclerc
seconded by Jason Rojas
to adopt the following resolution:
RESOLUTION APPROPRIATING $2,100,000 FOR THE TOWN’S GRANT TO THE RAYMOND LIBRARY COMPANY FOR THE PLANNING, ACQUISITION AND CONSTRUCTION OF THE EXPANSION OF RAYMOND LIBRARY AND AUTHORIZING THE ISSUANCE OF $2,100,000 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 $2,100,000 is appropriated for the Town’s grant to the Raymond Library Company for the planning, acquisition and construction of the expansion of Raymond Library (the “Project”), and including the Town’s costs of issuance.
Section 2. The Mayor, the Treasurer and the Director of Finance are authorized to expend the appropriation at such time or times as they shall determine that the Town or the Raymond Library Company has secured or obtained satisfactory commitments and pledges from other contributors in the amount of $4,000,000 and provided such expenditure shall not occur prior to January 1, 2010. The timing and conditions for payment of the Town’s grant shall be subject to an agreement to be entered into between the Mayor and the Raymond Library Company in the best interests of the Town.
Section 3. To meet said appropriation $2,100,000 bonds of the Town or so much thereof as shall be necessary for such purpose, shall be issued, maturing not later than the twentieth year after their date. Said bonds may be issued in one or more series as determined by the Mayor, Treasurer, and Director of Finance 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 administrative, printing and legal costs of issuing the bonds. The bonds shall be in the denomination of
$5,000 or a whole multiple thereof, be issued in 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, register 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 the State of Connecticut, as amended.
Section 4. 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
and their signatures thereon shall constitute their approval.
Section 5. 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 General Statutes of Connecticut, as amended. They shall be issued with maturity dates which comply with the provisions of the General Statutes governing the issuance of such
notes, as the same may be amended from time to time. 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 6. 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 7. 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 nationally recognized municipal securities information repositories or state based information repositories (the "Repositories") and to provide notices to the Repositories 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 Repositories made prior hereto are hereby confirmed, ratified and approved.
MOTION By Marcia Leclerc
seconded by Don Pitkin
to waive the reading of Sections 3 through 7.
Motion carried 9/0.
MOTION By Marcia Leclerc
seconded by Don Pitkin
to amend the motion as follows regarding sentence one in Section 3:
“To meet said appropriation $2,100,000 bonds of the Town or so much
thereof as shall be necessary for such purpose, shall be issued, maturing not
later than the twentieth tenth year after their date.”
Motion carried 9/0.
On call of the vote of the amended motion on the bond referendum for the expansion of the Raymond Library, motion carried 9/0.
MOTION By Marcia Leclerc
seconded by Jason Rojas
to approve the following:
RESOLVED: That the resolution entitled “Resolution Appropriating $2,100,000 For The Town’s Grant To The Raymond Library Company For The Planning, Acquisition And Construction Of The Expansion Of Raymond Library And Authorizing The Issuance Of $2,100,000 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 26, 2008 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 4, 2008, 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 questions to be voted upon as follows:
Shall the resolution Appropriating $2,100,000 For The Town’s Grant To The Raymond Library Company For the Planning, Acquisition And Construction Of The Expansion Of Raymond Library And Authorizing The Issuance Of $2,100,000 Bonds Of The Town To Meet Said Appropriation, adopted by the Town Council on August 26, 2008, be approved?
The ballot label for said question shall read as follows:
Shall the $2,100,000 appropriation and bond authorization for a grant to the Raymond Library Company for the expansion of Raymond Library 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.
Explanatory Text Publication and Payment Thereof for Bond Referenda
MOTION By Marcia Leclerc
seconded by Barbara Rossi
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.
Motion carried 9/0.
Recommendation from Ordinance Committee re: Sexually Oriented Businesses Ordinance
MOTION By Bill Horan
seconded by Don Pitkin
to repeal section 8-60 through section 8-64 of the Town of East Hartford
code of ordinance and to approve in lieu thereof the new section 8-60
though section 8-79 dealing with sexually oriented businesses consistent
with the draft of said proposed ordinance dated August 26, 2008, the July
15, 2008 draft of which was unanimously recommended by the Ordinance
Committee.
Motion carried 9/0.
A copy of the August 26, 2008 draft of the Sexually Oriented Businesses ordinance is attached to
these minutes.
Information Technology Department: Bid Waiver – Vermont Systems WebTrac
MOTION By Jason Rojas
seconded by Barbara Rossi
to waive the bidding requirements, per section 10-7(c) of the East Hartford
Code of Ordinances, for the Information Technology Department to
purchase the Vermont Systems WebTrac program.
Motion carried 6/2. Nays: Harmon, Thompson Abstain: Pitkin
Referral to Fees Committee re: Lease Renewal for Parking area at St. Isaac Jogues Church
MOTION By Marc Weinberg
seconded by Marcia Leclerc
to refer to the Fees Committee the lease renewal for the parking area
at St. Isaac Jogues Church.
Motion carried 9/0.
Referral to Ordinance Committee re: Registrar of Voters Compensation
MOTION By Bill Horan
seconded by Don Pitkin
to refer to the Ordinance Committee the issue of including the salaries
of the Registrars of Voters in the town’s code of ordinances with instructions to review the issue and to report back to the Town Council with its recommendation, if any.
Motion carried 9/0.
Outdoor Amusement Permit Applications:
Gengras Harley-Davidson TCA Poker Run
MOTION By Barbara Rossi
seconded by Eric Thompson
to approve the outdoor amusement permit application of Gengras Harley-
Davidson TCA Poker Run to be held at 221 Governor Street on Saturday,
September 13, 2008 from 9:00 A.M. to 4:00 P.M. with music from 12:00
P.M. to 4:00 P.M., with a rain date of Saturday, September 20, 2008, from
9:00 A.M. to 4:00 P.M. with music from 12:00 P.M. to 4:00 P.M. , 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.
Gengras Harley Davidson- Fall Open House
MOTION By Barbara Rossi
seconded by Pat Harmon
to approve the outdoor amusement permit of Gengras Harley-
Davidson Fall Open House to be held at 221 Governor Street on Saturday,
September 6, 2008 from 9:00 A.M. through 4:00 P.M. and on Sunday,
September 7, 2008 from 10:00 A.M. through 4:00 P.M., with music on both
days from 12:00 P.M. through 4:00 P.M., 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.
OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION
Pat Harmon inquired on the reconstruction of Hills Street in front of Pitkin School now that the school year has started.
Don Pitkin asked who is responsible for the scheduling of road repairs that are currently under construction. Additionally, Mr. Pitkin commented on several houses where the parking of cars on tree belts is prevalent, and stated that he’s noticed cars not obeying stop signs.
Jason Rojas noted that a several citizens have expressed concern on the speeding of vehicles in town. He asked if the Police Department could station an empty police cruiser in some strategic areas to possibly calm the situation.
Barbara Rossi said that a resident of Tolland Street and a resident of Garvan Street had complained about the parking of vehicles on front lawns over night.
Mayor Currey stated that tomorrow is the first day of school in East Hartford and urged the citizens to drive cautiously.
COUNCIL ACTION ON EXECUTIVE SESSION MATTERS
Commissioner of Transportation v. Town of East Hartford
MOTION By Marcia Leclerc
seconded by Don Pitkin
to accept the recommendation of the Corporation Counsel’s office to settle
the case entitled Commissioner of Transportation v. Town of East Hartford,
Docket No. CV-07-4029477-S for the sum of $47,000.00 as compensation
for the taking of the subject property known as 337 Burnside Avenue.
Motion carried 9/0.
Mark Mathiau v. Town of East Hartford
MOTION By Marcia Leclerc
seconded by Eric Thompson
to accept the recommendation of Corporation Counsel to fully and finally
settle the Workers Compensation case entitled Mark Mathiau v. Town of
East Hartford - Public Works, for the total sum of $75,000.00.
Motion carried 9/0.
Cingular Wireless v. Town of East Hartford
MOTION By Marcia Leclerc
seconded by Don Pitkin
to accept the recommendation of Corporation Counsel to fully and finally
settle the personal property tax appeal entitled Cingular Wireless LLC n/k/a
AT&T Mobility LLC v. Town of East Hartford, et al, setting its value as
$1,102,040.00 for the Grand List of 2006 and $1,180,380.00 for the Grand List of 2007.
Motion carried 9/0.
Manchester Land Conservation Trust v. Town of East Hartford
MOTION By Marcia Leclerc
seconded by Pat Harmon
to accept the recommendation of Corporation Counsel’s office
to settle the tax appeal case entitled Manchester Land Conservation Trust,
Inc. v. Town of East Hartford and to authorize the Town Assessor to
exempt the real property located at 237 East River Drive, owned by
Manchester Land Conservation Trust, Inc., to the sum of $126,350.00,
beginning with the Grand List of October 1, 2008 and thereafter, until the
next revaluation, subject to adjustment only for new construction, the
addition of land area, demolition and/or the reduction in the land area or
other change in circumstances; further that neither party will be entitled to
fees or costs of any kind; further that if the plaintiff is entitled to a refund of
taxes paid, the refund will be deducted from the next installment of taxes.
Motion carried 9/0.
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
ADJOURNMENT
MOTION By Don Pitkin
seconded by Bill Horan
to adjourn (10:27 p.m.).
Motion carried 9/0.
The Chair announced that the next meeting of the Town Council would be on September 2, 2008.
Attest________________________________
Angela M. Attenello
TOWN COUNCIL CLERK
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