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10-07-08 Regular Town Council Meeting
EAST HARTFORD TOWN COUNCIL

TOWN COUNCIL CHAMBERS

OCTOBER 7, 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 7:30 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 explained that, due to construction, the side entrance to the Town Hall from the parking lot will be closed for approximately ten months and that citizens can use the front entrance to access the building.

OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS

Nancy Parandes, 32 Washington Avenue, addressed the Council on a drainage issue that has existed on her street for a number of years. Ms. Parandes gave the Council pictures of the latest effects from the most recent two storms.  

Mayor Currey spoke to the Council on the following issues: (1) is aware of the drainage issue on Washington Avenue and hopes that residents will work with the town in keeping leaves and debris from accumulating on the catch basins; (2) the opening of the new section of Silver Lane Cemetery; (3) new businesses that have recently opened in town; (4) businesses on Main Street and Main Street itself will be opened during the Hartford Marathon this weekend; and (5) renovations at Town Hall may slightly inconvenience citizens for the next several months.

APPROVAL OF MINUTES

September 16, 2008 Executive Session/Fleetmaster & Seagrave Fire Apparatus

MOTION  By Marcia Leclerc
                        seconded by Eric Thompson
                        to approve the minutes of the September 16, 2008 Executive
                        Session.
                        Motion carried 9/0.
                
September 16, 2008 Regular Meeting  

MOTION  By Marcia Leclerc
                        seconded by Pat Harmon
                        to approve the minutes of the September 16, 2008 Regular Meeting.
                        Motion carried 9/0.


RESOLUTIONS

Dial-a-Ride Operating Grant

MOTION  By Barbara Rossi
                        seconded by Jason Rojas
                        to adopt the following resolution:

RESOLVED that Mayor Melody A. Currey is authorized to make, execute and approve on behalf of this corporation, any and all contracts or amendments thereof with the Greater Hartford Transit District in relation to a $12,327.34 grant to the Town of East Hartford to be used to support costs associated with the operation of the Dial-A-Ride Program.

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

COMMUNICATIONS AND PETITIONS

Podunk Music Festival Update

Roger Moss, Director of Parks and Recreation, along with Cathy Condio, presented the Council with a three-year summary of the expenses incurred by the Podunk Bluegrass Music Festival.  This year’s festival was extremely successful and performers are looking forward to a return engagement.


Introduction of Marc Bassos, Youth at Risk Coordinator

Cephus Nolen, Director of Youth Services, introduced the new Youth at Risk Coordinator, Marc Bassos.  Mr. Bassos started this new position in July 2008 and gave a brief overview of how he identifies youth at risk and the programs that are available to both them and their parents.  Mr. Bassos has identified at least 150 youths at risk in the town though the number of youth at risk of serious criminal or juvenile behavior is less than twenty.   The Council thought that it would be best to focus the program on no more than 50 youth as was originally intended. Chair Kehoe requested a report back to the Council in July 2009, one year from Mr. Bassos’ start date and a copy of the abstract planned evaluation of the program by St. Joseph College.


Silver Lane Cemetery Expansion – Phase 2

Billy Taylor, Director of Public Works, told the Council that the expansion is 98% complete and that phase 2 will double the size of the cemetery.  The new plots will be available in the spring of 2009.  It is estimated that this new phase will take at least 17 to 20 years to fill.


NEW BUSINESS

Recommendation from Ordinance Committee:

Registrars of Voters Salary

MOTION  By Bill Horan
                seconded by Eric Thompson
                to amend the Town of East Hartford Code of Ordinances to add a new
Section 2-3b entitled Registrars of Voters Salary consistent with the draft of
said ordinance dated September 15, 2008 which was unanimously
recommended by the Ordinance Committee.
Motion carried 8/1.  Nay: Rojas
                
REGISTRARS OF VOTERS SALARY ORDINANCE
(9/15/08 draft)

The East Hartford Code of Ordinances is amended to add a new section 2-3b as follows:

Sec. 2-3b   REGISTRARS OF VOTERS SALARY

Beginning on January 1, 2009, the salary for each registrar of voters shall be $18,504 which is an increase of 2.8%, representing the increase in the consumer price index for 2007 and beginning on January 1, 2010, the salary for each registrar of voters shall be $19,540 which is an increase of 5.6%, representing the increase in the consumer price index for 2008.  In addition, the salary for January 1, 2010 shall be increased by $460.00.

Overpayment of Taxes

MOTION  By Bill Horan
                seconded by Marcia Leclerc
                to repeal Section 10-48 of the Town of East Hartford Code of Ordinances
and to substitute in lieu thereof a new proposed Section 10-48, entitled
“Overpayment of Taxes” consistent with the draft of said ordinance dated
September 15, 2008 which was unanimously recommended by the
Ordinance Committee.
Motion carried 9/0.

PROPERTY TAX OVERPAYMENT REFUND ORDINANCE
(9/15/08 draft)

Section 10-48 of the East Hartford Code of Ordinances is repealed and the following is substituted in lieu thereof:

Sec. 10-48. [Tax Credits of Less Than $5.00] OVERPAYMENT OF TAXES.

(a)  Pursuant to section 12-129 of the Connecticut General Statutes, the Tax Collector for the Town of East Hartford may retain on behalf of the town any tax payment in excess of the amount due provided such excess payment is less than five dollars.

(b)     No later than January 1, 2009, the town of East Hartford shall mail a written notice to the owner of any real estate for which there was an overpayment of property taxes regarding the grand list years of 1992 through 2001.   Such notice shall indicate the amount of property taxes that were overpaid and the year that such overpayment occurred and shall contain a claim form by which the property owner may seek a refund of such overpayment.  Such claim form shall also hold the town harmless to any other person who may claim such overpayment.  No further notification by the town shall be required under this ordinance.  Such claim form shall be received by the town within 90 days from the date on which such notice was received by the property owner.

(c)     No later than March 1, 2009, the town of East Hartford shall mail a written notice to the owner of any real estate for which there was an overpayment of property taxes regarding the grand list years of 2002 through 2004.   Such notice shall indicate the amount of property taxes that were overpaid and the year that such overpayment occurred and shall contain a claim form by which the property owner may seek a refund of such overpayment provided that such property owner provide reasonable proof that such owner overpaid the property taxes.  Such claim form shall also hold the town harmless to any other person who may claim such overpayment.  No further notification by the town shall be required under this ordinance. Such claim form shall be received by the town within 90 days from the date on which such notice was received by the property owner.

(d)     For any overpayment of property taxes regarding the 2005 grand list year and any subsequent grand list year, the town shall, within ninety days after the expiration of the three year time period from the date on which such property taxes were due, mail a written notice to the owner of real estate for which there was an overpayment of property taxes.   Such notice shall indicate the amount of property taxes that were overpaid and the year that such overpayment occurred and shall contain a claim form by which the property owner may seek a refund of such overpayment provided that such property owner provide reasonable proof that such owner overpaid the property taxes.  Such claim form shall also hold the town harmless to any other person who may claim such overpayment.  No further notification by the town shall be required under this ordinance. Such claim form shall be received by the town within five years from the date on which such property taxes were due.


Outdoor Amusement Permit Application: “Harc’s Fun in the Sun 2008”

Approval of Application

MOTION  By Marc Weinberg
                        seconded by Marcia Leclerc
                        to approve the outdoor amusement permit application “Harc’s Fun in the
                        Sun 2008” to hold a carnival-type fundraiser with games, children’s
                        activities, food, music and a softball tournament at Gorman Park on May
                        Road in East Hartford on Saturday, October 18, 2008 from 9AM through
                        3PM, with music from 9AM through 3PM and a rain date of Sunday,
                        October 19, 2008, from 9AM through 4PM, with music from 9AM through
                        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.


Waiver of Permit Fees

MOTION  By Marc Weinberg
                        seconded by Barbara Rossi
                        to waive the permit fees associated with Harc’s Fun in the Sun outdoor
                        amusement permit application.
                        Motion carried 9/0.

Refund of Taxes

MOTION  By Marc Weinberg
                seconded by Eric Thompson
                to refund taxes in the amount of $8,259.28
                pursuant to Section 12-129 of the Connecticut General Statutes.
                Motion carried 9/0.

Memorandum
DATE:   October 14, 2008
TO:     Michael Walsh, Director of Finance
FROM:   Patricia Faucher, Collector of Revenue
RE:     Refund of Taxes
Under the provisions of Section 12-129 of the Connecticut General Statutes, the following persons are entitled to the refunds as requested:

Name and Address
Account
Amount
Reason
Auto Rental Corp.
PO Box 301
Reading, PA 19603-0301
2006-03-51829
98.72
Assessor’s Adjustment
Marker # 22C904
Beavers, Minerva
43 Elmer St
East Hartford, CT 06108-2548
2005-03-52757
238.17 Tax       96.46   Int.
334.63
Assessor’s Adjustment
Marker # 542SXA
BKM Enterprises
300 East River Dr
East Hartford, CT 06108
2007-03-53506
2007-03-53509
2007-03-53536
29.52+29.52+21.
80.04
Assessor’s Adjustment
Multiple Accounts
Chase Man Auto Fin Corp
900 Stewart Ave
NY2-S503
Garden City, NY 11530
2007-03-56936
182.42
Assessor’s Adjustment
VIN # YV1RS61T042411061
CIT Group
Attention: Escrow
715 South Metropolitan Ave
Oklahoma City, OK 73108
2007-01-9299
4027.16
Overpayment
109 Wood Drive
Cobb, Bonita
35 Washington Ave
East Hartford, CT 06118
2006-03-57373
145.42
Assessor’s Adjustment
Marker # 822UKZ
Craig, Ryan K
54 Ferncrest Dr
East Hartford, CT 06118-2722
2007-03-58707
37.78
Assessor’s Adjustment
Marker # 997TZY
Cuadros, Rocia and Gloria, Felix
71 Landers Rd
East Hartford, CT 06118-3319
2006-04-82134
2007-03-59045
51.76 + 109.89
161.65
Assessor’s Adjustment
Marker # 761MMZ
           # 653GUL
Depietr, Daniel R
1341 Silver Ln Rear
East Hartford, CT 06118-1339
2007-03-60256
20.24
Assessor’s Adjustment
Marker # 237STJ
Douglas, Patti Anne or
Fowler, Cheryl
19 Anchor Rd
East Hartford, CT 06108
2007-03-61029
551.69
Assessor’s Adjustment
Marker # 838913
Espinoza, Emilio L
56 Franklin Ave
Hartford, CT 06114
2007-03-80163
276.99
Assessor’s Adjustment
Marker # 556UYZ
Fabian, Nannette
73 Salem Rd
East Hartford, CT 06118
2007-03-62227
66.03
Assessor’s Adjustment
Marker # 6CZ869
Faison, Callie
30 King Court Apt B1
East Hartford, CT 06118
2006-03-64761
21.49
Assessor’s Adjustment
Marker # 488SJH
First American Real Estate Tax Service
1 First American Way
Mail Code: DFW 1-3
Westlake, TX 76262
Attn: Tax Refunds
2007-01-13080
1527.92
Duplicate Payment
30 Orchard Street
Gonzalez, Monica
52 Columbus St
East Hartford, CT 06108
2007-03-65249
52.73
Assessor’s Adjustment
Marker # 701WCK
Katz, Jeffrey
96 Britt Rd
East Hartford, CT 06118
2007-03-69648
81.33
Assessor’s Adjustment
Marker # 972KHL
Kronen, Carolyn or Kronen, Joseph H
56 Farnham Dr
East Hartford, CT 06118-3024
2007-03-70566
10.80
Assessor’s Adjustment
Marker # JHKCVK
Nieves, Leticia Y and Nieves, Daniel
37 Elro St
Manchester, CT 06040-4227
2006-03-77307
84.70
Assessor’s Adjustment
Marker # 904NLS
Ortiz, Wilfredo
367 Tolland St
East Hartford, CT 06108
2007-03-78155
18.66
Assessor’s Adjustment
Marker # 984UUW
Perron, Raymond J Jr. or Perron, Sonia N
11 Landers St
East Hartford, CT 06108
2007-03-79512
33.70
Assessor’s Adjustment
Marker # 678NNG
Pratt, Tyrek J
46 Montague Cir
East Hartford, CT 06118
2006-03-80749
26.37
Assessor’s Adjustment
Marker # 653TUV
Richard, Wallace V or Richard, Christine
6 Gorman Place
East Hartford, CT 06108-1450
2007-03-81770
47.51
Assessor’s Adjustment
Marker # 575WKS
Rivera, Dina
131 Tolland St Apt 1
East Hartford, CT 06108-3441
2007-03-82076
81.08 + 110.21
191.29
Overpayment
Marker # 723SWF
Scheer, Valerie E
140 Ridgewood Rd
East Hartford, CT 06118-1315
2006-03-84599
74.42
Assessor’s Adjustment
Marker # 968SZF
Somuah, Lawrence O
165 Tudor Lane Apt G
Manchester, CT 06042-8218
2006-03-86054
29.91
Assessor’s Adjustment
Marker # 216TTR
Taylor, Adeline
159 Manor Cir
East Hartford, CT 06118
2007-03-87208
50.23
Assessor’s Adjustment
Marker # 840WHG
Turcotte, Richard S
266 Griswold St
Glastonbury, CT 06033
2005-03-88876
13.09
Assessor’s Adjustment
Marker # 761THK
Young, Priscilla
92 Sparrowbush Rd
East Hartford, CT 06108-1230
2007-03-91282
12.36
Assessor’s Adjustment
Marker # 476TMY
TOTAL
8259.28

_____________________
Patricia Faucher, CCMC

Sale of Individual Tax Liens for Real Property (821M) – Acting as a Committee of the Whole – Tax Policy Subcommittee

MOTION  By Bill Horan
                seconded by Barbara Rossi
                to approve the sale of tax liens as listed on the bid summary
                dated June 4, 2008 from the Purchasing Department which lists
                and numerates 12 properties, along with the amount of the tax
                lien for each property and the high bid for each property, resulting
                from the request for proposal relevant to the tax lien sale and
                to accept the high bid for each of the 12 properties which collectively
                totals $179,497.45.
                Motion carried 9/0.

Recommendation from Tax Policy Committee re: Tax Lien Sales for 150-174 Park Avenue, 141 Prestige Park Road and 333 Roberts Street

MOTION  By Bill Horan
                seconded by Barbara Rossi
                to authorize the administration to conduct a tax lien sale and to seek and
receive sealed bids from the legal entities that submitted bids to the Town
of East Hartford for the sale of tax liens dated June 4, 2008 on tax liens
for the parcels located at 150-174 Park Avenue, 141 Prestige Park Road
and 333 Roberts Street subject to the following three conditions:
                1.      The Collector of Revenue shall notify the~record owner of each property subject to a lien that                          is to be included in the tax lien sale, by certified mail, that the lien is being included in the                               request for proposal and invitation to bid, and that~the owner should contact the Town                           immediately to pay the taxes or seek a payment plan if they wish to keep the Town's tax liens                   on their property from being sold;
                2.      The letters from the Collector of Revenue to each property owner shall notify the property                              owner that the purchaser of the tax lien on their property shall have the right to foreclose on                                 that property, and
                3.      The Administration shall return to the Town Council with the results of the request for                                         proposal and that the proposal for each tax lien must be approved by the Town Council                   before it is sold.
Motion carried 9/0.

Enterprise Zone Boundary Modifications:
Enterprise Zone
MOTION  By Jason Rojas
                seconded by Bill Horan
                to refer the issue of the modification of the enterprise zone boundaries
                to the Ordinance Committee.
                Motion carried 9/0.

Railroad Depot Zone

MOTION  By Jason Rojas
                seconded by Bill Horan
                to approve the railroad depot zone boundary modifications
as detailed in a memo from Melody Currey, Mayor to Richard Kehoe, Town
Council Chair, dated September 26, 2008.
                Motion carried 9/0.



Approval of Purchase of 125 Brewer Street re: New Firehouse #5 – Acting as a Committee of the Whole – Real Estate Acquisition & Disposition Subcommittee

MOTION  By Jason Rojas
                seconded by Barbara Rossi
                that in accordance with the Town of East Hartford Code of Ordinances,
Section 10-18, Real Estate Acquisitions, the Town Council acting as a
                Committee of the Whole, approve the purchase of land at 125 Brewer
                Street in the amount of $180,000.00 for the construction of a new firehouse
#5 which will allow the town to enter into negotiations to draft a purchase
and sales agreement.
Motion carried 8/0. Abstain: Pitkin

Appointments to Boards and Commissions:

MOTION  By Barbara Rossi
                seconded by Marc Weinberg
                to approve the following appointments:

Commission on Aging
                        Marie Frederickson, 26 Elms Village Drive; term to expire 12/08
Inland-Wetlands/Environmental Commission (Alternate)
                       Jeffrey Currey, 50 McKee Street; term to expire 12/11
Personnel Appeals Board
                       Lynn L. Kayser, 23 Dartmouth; term to expire 12/08
                        Motion carried 9/0.

OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION

The Councillors did not have any questions for the Administration.  However Mayor Currey took this opportunity to introduce the newly appointed Fire Chief John H. Oates.  Chief Oates also expressed his enthusiasm about serving the community of East Hartford.

COUNCIL ACTION ON EXECUTIVE SESSION MATTERS

Niravkumar Modi v. Town of East Hartford

MOTION  By Marcia Leclerc
                seconded by Jason Rojas
                to accept the recommendation of the Corporation Counsel’s office to settle
                the tax appeal case entitled Niravkumar Modi, et al v. Town of East
                Hartford and to authorize the town Assessor to reduce the fair market
                value of the property located at 88 Milwood Road, owned by Niravkumar
                Modi and Natverlal Modi, to the sum of $237,000.00; subject to rounding;
                beginning with the Grand List of October 1, 2007; 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.

Fleetmasters, Inc., and Seagrave Fire Apparatus, LLC:

Approval of Settlement

MOTION  By Marcia Leclerc
                seconded Bill Horan
                to accept the recommendation of the Corporation Counsel’s office to fully
                and finally settle the Town of East Hartford’s claim against Seagrave Fire
                Apparatus, LLC and Fleetmasters, Inc. with respect to the town’s TowerMax
                Ladder 1, by agreeing to exchange the TowerMax Ladder 1 together with
                the sum of $225,000.00 for a new 95’ Aerialscope Stock Unit (#56124)
                all as more particularly set forth in the September 11, 2008    letter (copy
                attached to minutes) from Fleetmasters, Inc to Assistant Chief Perez.
                Motion carried 9/0.

Transfer of Funds

MOTION  By Marcia Leclerc
                seconded by Eric Thompson
                to adopt the following resolution:

RESOLUTION CONCERNING A SUPPLEMENTAL BUDGET APPROPRIATION AND FUND BALANCE TRANSFER FOR THE FISCAL YEAR ENDING JUNE 30, 2009 TO PROVIDE A FUNDING SOURCE FOR THE PURCHASE OF A NEW AERIALSCOPE FIRE TRUCK IN EXCHANGE OF THE TOWN’S TOWERMAX FIRE TRUCK
WHEREAS, the Town of East Hartford recently acquired a Seagrave TowerMax fire truck at an approximate cost of $725,000; and

WHEREAS, the town, after testing and training on this new piece of apparatus desires to return the TowerMax to the dealer and exchange it for a Seagrave Aerialscope; and

WHEREAS, the negotiated cost of the Aerialscope is $225,000 more than the cost of the TowerMax.

NOW THEREFORE BE IT RESOLVED, that the East Hartford Town Council does hereby approve this Supplemental Budget Appropriation and Fund Balance Transfer of funds as listed below from the Town’s Undesignated Fund Balance and does hereby amend the current 2008-2009 fiscal year Operating Budget to reflect the addition of the attached Supplemental Revenue and Expenditure Appropriation.

        G5317-64514     Fire Suppression – Other Capital Equipment       $  225,000
____________________________________________________________________________________

        G0320-55900     Fund Balance Appropriation               $  225,000

Funds certified as unobligated and available.

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

956 Silver Lane Tax Lien Sale

Approval of Settlement

MOTION  By Marcia Leclerc
                seconded by Marc Weinberg
                to accept the recommendation of the Corporation Counsel’s office
                to fully and finally settle the pending claim of 952-954-956-962
                Silver Lane, LLC and Titan Capital ID, LLC with respect to the
                tax lien sale for 956 Silver Lane, for the amount of $27,115.37.
                Motion carried 9/0.

Transfer of Funds

MOTION  By Marcia Leclerc
                seconded by Marc Weinberg
                to adopt the following resolution:

RESOLUTION CONCERNING A SUPPLEMENTAL BUDGET APPROPRIATION AND FUND BALANCE TRANSFER FOR THE FISCAL YEAR ENDING JUNE 30, 2009 TO PROVIDE A FUNDING SOURCE FOR THE SETTLEMENT OF A PENDING CLAIM/LITIGATION RELATED TO 956 SILVER LANE
WHEREAS, the Town of East Hartford sold the tax liens associated with the property located at 956 Silver Lane in a recent tax lien sale; and

WHEREAS, Titan Capital LLC was the purchaser of those liens; and

WHEREAS, in order to properly reflect the actual tax lien amounts sold to Titan Capital, LLC, the town desires to return partial sale proceeds to settle all pending claims and litigation related to the sale.

NOW THEREFORE BE IT RESOLVED, that the East Hartford Town Council does hereby approve this Supplemental Budget Appropriation and Fund Balance Transfer of funds as listed below from the Town’s Undesignated Fund Balance and does hereby amend the current 2008-2009 fiscal year Operating Budget to reflect the addition of the attached Supplemental Revenue and Expenditure Appropriation.


        G3700-63286     Revenue and Collections - Collections            $  27,116
____________________________________________________________________________________

        G0320-55900     Fund Balance Appropriation                       $  27,116
        
Funds certified as unobligated and available.

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



OPPORTUNITY FOR RESIDENTS TO SPEAK

Lanie Niver, 16 Washington Avenue, addressed the Council on the drainage issue at Washington Avenue.  Ms. Niver suggested that residents wait for waters to recede after a rainstorm before proceeding down the street.

Mayor Currey (1) reminded everyone that the annual Haunted House event located at Veterans’ Memorial Clubhouse will open on October 9th; and (2) October is Breast Cancer Awareness Month and a ceremony will be held on Tuesday, October 14th in the lobby of Town Hall.

Minority Leader Pitkin (1) inquired on the route that the “Moving Viet Nam Wall” will take through East Hartford; (2) commented on the cleanliness of the South End Senior Center floor; and (3) asked for a minor repair to the front steps leading into Town Hall.


ADJOURNMENT

MOTION  By Don Pitkin
                seconded by Bill Horan
                to adjourn (10:45 p.m.).
                Motion carried 9/0.


                                        Attest________________________________
                                                        Christine R. Bedard
                                                    ACTING TOWN COUNCIL CLERK