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05-19-09 Regular Town Council Meeting
EAST HARTFORD TOWN COUNCIL

TOWN COUNCIL CHAMBERS

MAY 19, 2009

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, Barbara-Ann Rossi, Linda A. Russo, Patricia Harmon and Eric Thompson


CALL TO ORDER

Chair Kehoe called the meeting to order at 7:47 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.


OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS

Mayor Currey (1) received news that Senator Dodd’s office is working to obtain funding to help subsidize the work needed on the town’s levee system; (2) announced that the Memorial Day Parade will start at 10:30 a.m. and reviewed the route of the parade for the benefit of the public; (3) is still monitoring the stimulus money coming from the federal government and is cautiously optimistic that things are moving ahead; and (4) noted that ECS money may be less than anticipated.


APPROVAL OF MINUTES

May 5, 2009 Regular Meeting  

MOTION  By Marcia Leclerc
                        seconded by Don Pitkin
                        to approve the minutes of the May 5, 2009 Regular Meeting.
                        Motion carried 8/0. Abstain: Thompson


RESOLUTIONS

Assistance to Firefighters Grants Program:

Replacement Pumper Fire Apparatus

MOTION  By Linda Russo
                        seconded by Pat Harmon
                        to adopt the following resolution:

WHEREAS, the Federal Fire Protection and Control Act of 1974 established a competitive financial assistance program through the Federal Emergency Management Agency (FEMA) entitled the “Assistance to Firefighters Grant Program”; and

WHEREAS, the East Hartford Fire Department wishes to make application to this Program to support the purchase of a replacement pumper fire apparatus; and

WHEREAS, the total of this application shall not exceed $485,000.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of East Hartford recognizes the need for funding this item under the “Assistance to Firefighters Grant Program”.

AND  FURTHER, BE IT RESOLVED that the Town Council does support and authorize the submission of this grant application to FEMA and authorizes its Mayor, Melody A. Currey, to act as representative of the Town and to enter into contract and make any amendments thereto to receive funding from FEMA.


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


Various Firefighting Equipment

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

RESOLUTION

WHEREAS, the Federal Fire Protection and Control Act of 1974 established a competitive financial assistance program through the Federal Emergency Management Agency (FEMA) entitled the “Assistance to Firefighters Grant Program”; and

WHEREAS, the East Hartford Fire Department wishes to make application to this Program to support the purchase of three thermal imaging cameras, fifty replacement self contained breathing apparatus air cylinders, and thirty sets of firefighter protective clothing; and

WHEREAS, the total of this application shall not exceed $128,500.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of East Hartford recognizes the need for funding these items under the “Assistance to Firefighters Grant Program.

AND  FURTHER, BE IT RESOLVED that the Town Council does support and authorize the submission of this grant application to FEMA and authorizes its Mayor, Melody A. Currey, to act as representative of the Town and to enter into contract and make any amendments thereto to receive funding from FEMA.

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


State of Connecticut Grant for Local Flood and Erosion Control Project

MOTION  By Barbara Rossi
                seconded by Eric Thompson
                to adopt the following resolution:


RESOLUTION OF THE EAST HARTFORD TOWN COUNCIL
ACTING AS THE TOWN COUNCIL AND AS
THE TOWN’S FLOOD AND EROSION CONTROL BOARD

WHEREAS, The State of Connecticut Bond Commission allocated the sum of Three Million ($3,000,000.00) Dollars at its April 24, 2009, meeting for the purpose of financing the State of Connecticut share of repairs and studies required for the East Hartford Levee.

WHEREAS, in order to accept and utilize such funds, the Town of East Hartford must execute a contract and related documentation with the State of Connecticut Department of Environmental Protection.

NOW THEREFORE, BE IT RESOLVED by the East Hartford Town Council, acting both as the Town Council and the Town’s Flood and Erosion Control Board:

THAT Melody A. Currey, Mayor of the Town of East Hartford, is empowered and authorized to execute and deliver in the name of and on behalf of the Town of East Hartford a contract with the State of Connecticut, Department of Environmental Protection, which will allow the Town of East Hartford to accept Three Million ($3,000,000.00) Dollars in State funds for the maintenance and repair of the Town’s Levee system, and to take such further actions and sign such further documentation as she deems necessary and appropriate.

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


    
COMMUNICATIONS AND PETITIONS

East Hartford Police Department: “The Sheet”

Chair Kehoe explained that the town’s police department publishes a newsletter entitled “The Sheet” that chronicles different events relevant to the department.  He quoted from an article printed in “The Sheet” that praised certain officers for their professionalism and understanding.  

Resignation of Kevin Riley from The Hockanum River Commission

Chair Kehoe announced the resignation of Kevin Riley from The Hockanum River Commission and thanked him for his time and dedication to that Commission.


NEW BUSINESS

Issuance and Sale of Town of East Hartford General Obligation Refund Bonds

MOTION  By Marcia Leclerc
                seconded by Bill Horan
                to waive the reading of the resolution as presented.
                Motion carried 9/0.

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

RESOLUTION WITH RESPECT TO THE AUTHORIZATION, ISSUANCE AND SALE OF NOT EXCEEDING $26,000,000 TOWN OF EAST HARTFORD GENERAL OBLIGATION REFUNDING BONDS

RESOLVED:

Section 1.  Not exceeding $26,000,000 General Obligation Refunding Bonds of the Town (the "Refunding Bonds") maybe issued in one or more series and in such principal amounts as the Mayor, the Town Treasurer and the Director of Finance shall determine to be in the best interests of the Town for the purpose of maximizing net present value savings and/or to moderate debt service payments.  The Refunding Bonds are hereby authorized to refund all or any portion of any one or more series of the Town’s outstanding General Obligation Bonds (the “Refunded Bonds”).  The Refunding Bonds shall be issued and sold either in a negotiated underwriting or a competitive offering, and at such time or times as the Mayor, the Town Treasurer and the Director of Finance shall determine to be most opportune for the Town.  Each series of Refunding Bonds shall mature in such amounts and on such date or dates as shall be determined by the Mayor, the Town Treasurer  and the Director of Finance provided that no Refunding Bonds shall mature later than the final maturity date of the last maturity of any Refunded Bonds being refunded by such series.  The Refunding Bonds shall bear interest payable at such rate or rates as shall be determined by the Mayor, the Town Treasurer and the Director of Finance.  The Refunding Bonds shall be executed in the name and on behalf of the Town by the manual or facsimile signatures of the Mayor and the Town Treasurer bear the Town seal or a facsimile thereof, and be approved as to their legality by Robinson & Cole LLP, Bond Counsel.  The Refunding Bonds shall be general obligations of the Town and each of the Refunding 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 the interest thereon.  The aggregate denominations, form, details, and other particulars thereof, including the terms of any rights of redemption and redemption prices, the designation of the certifying, paying, registrar and transfer agent, shall be subject to the approval of the Mayor, the Town Treasurer and the Director of Finance.  The net proceeds of the sale of the Refunding Bonds, after payment of underwriter’s discount and other costs of issuance, shall be deposited in an irrevocable escrow account in an amount sufficient to pay the principal of, interest and redemption premium, if any, due on the Refunded Bonds to maturity or earlier redemption pursuant to the plan of refunding.  The Mayor, the Town Treasurer and the Director of Finance are authorized to appoint an escrow agent and other professionals and to execute and deliver any and all escrow, investment and related agreements necessary to provide for such payments on the Refunded Bonds and to provide for the transactions contemplated hereby.  The Mayor, the Town Treasurer and the Director of Finance are authorized to prepare and distribute preliminary and final Official Statements of the Town of East Hartford for use in connection with the offering and sale of the Refunding Bonds, and they are hereby authorized to execute and deliver on behalf of the Town a Bond Purchase Agreement, a Continuing Disclosure Agreement, a Tax Regulatory Agreement and such other documents necessary or desirable for the issuance of the Refunding Bonds and the payment of Refunded Bonds.  

Section 2.  This resolution shall be effective until December 31, 2009.

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


Recommendation from Investigation & Audit Committee re: Appointment of Town Auditor

MOTION  By Barbara Rossi
                seconded by Bill Horan
                to appoint Blum Shapiro as the auditors for Fiscal Year 2008-2009
to perform required financial audits consistent with the most recent
proposal of $62,900.
Motion carried 9/0.
                

Refund of Taxes

MOTION  By Marc Weinberg
                seconded by Eric Thompson
                to refund taxes in the amount of $4,222.27  
                pursuant to Section 12-129 of the Connecticut General Statutes.
                Motion carried 9/0.

Bill
Name
Prop/MV Info.
Int
 Over Paid
2006-01-0000021
1375 Silver Lane Associates LLC
1371 SILVER LN
$    -   
 $  (344.40)
2007-01-0000021
1375 Silver Lane Associates LLC
1371 SILVER LN
$    -   
 $  (365.16)
2006-01-0000328
First American Real Estate Tax Service
52 PARKVIEW DR
$    -   
 $  (114.86)
2007-01-0000328
First American Real Estate Tax Service
52 PARKVIEW DR
$    -   
 $  (201.42)
2007-01-0001203
Bermani, Robert
21 FOREST LN
$    -   
 $    (33.06)
2007-03-0053983
Martin, Mary Ann
PE272
$    -   
 $    (35.82)
2007-03-0054093
Bovell, Sarah
288PLS
$    -   
 $    (91.34)
2006-03-0056629
Central Park West Transport Systems Inc
Z8369Z
$    -   
 $  (453.66)
2007-03-0056667
Central Park West Transport Systems Inc.
Z8369Z
$    -   
 $  (483.60)
2002-03-0058818
Crowley, Marcia M
CWLY
$    -   
 $  (283.71)
2007-03-0060564
Dickenson, Rebecca M
793UOC
$    -   
 $  (187.96)
2007-03-0062407
Favaro, Denis or Hsu Kuei Y
621SYS
$    -   
 $    (60.17)
2007-03-0062408
Favaro, Denis or Hsu Kuei Y
321UFX
$    -   
 $    (76.26)
2007-03-0066487
Hardy, Stanley
293RJC
$    -   
 $      (7.89)
2007-03-0067624
Hoffman Enterprises Inc
860RJK
$    -   
 $  (192.87)
2007-03-0067625
Hoffman Enterprised Inc
921WHG
$    -   
 $    (14.00)
2007-04-0084330
Jacobs, Lisa
567XAH
($2.00)
$    (33.10)
2007-03-0072015
Levine, Benjamin M
509WAC
$    -   
 $    (37.18)
2007-03-0075357
Millett, Maryann
930TYB
$    -   
 $  (173.55)
2007-03-0075961
Morgan, Errol
550WHC
$    -   
 $  (193.52)
2007-03-0078030
Ortega, Jessie M
812TPZ
$    -   
 $    (18.87)
2007-03-0078031
Ortega, Jessie M
870WHV
$    -   
 $  (161.36)
2007-03-0091692
Parmenter, Michael
473WGY
$    -   
 $    (14.15)
2006-01-0010434
Sutton, Thomas G
104 FOOTPATH LN
$    -   
 $  (521.76)
2006-03-0089227
Vaught, Rodina R
253UOW
$    -   
 $    (51.75)
2007-03-0092025
Zala, Rychi
965UFA
$    -   
 $    (68.85)
SUB TOTAL
 
($2.00)
($4,220.27)
TOTAL
($4,222.27)


Flood Control System Appropriation Resolution

MOTION  By Marcia Leclerc
                seconded by Barbara Rossi
                to adopt the following resolution:


RESOLUTION APPROPRIATING $7,000,000 OF EXPECTED STATE REIMBURSEMENT MONIES TO BE RECEIVED IN CONJUNCTION WITH MANDATED FLOOD CONTROL SYSTEM IMPROVEMENTS BEING COMPLETED BY THE TOWN OF EAST HARTFORD

WHEREAS, the Town of East Hartford has been cooperatively working with the U.S. Army Corps. of Engineers and the Federal Emergency Management Agency to complete certain flood control system improvements brought about by increased regulation due to Hurricane Katrina’s devastation of New Orleans; and

WHEREAS, in the fall of 2007, East Hartford voters approved a $7,000,000 appropriation and bond financing to begin the rigorous process of studying and completing mandated flood control system improvements; and

WHEREAS, with nearly all costs associated with the improvements identified, a total cost estimate of $27,000,000 has been calculated, leaving an approximate $20,000,000 funding shortfall; and

WHEREAS, the State of Connecticut, under the direction of the Department of Environmental Protection, has granted the Town, in an amount not to exceed $7,000,000 on a reimbursable basis, two-thirds of the actual expenditures made by the Town for the improvements on the flood control system; and

WHEREAS, with Town Council approval, an appropriation of $7,000,000 more can be made from the monies already received and expected to be received in an effort to reduce the funding shortfall related to the flood control system improvements to approximately $13,000,000; and

WHEREAS, the Mayor and Town Council continue to vigorously pursue all possible sources of funding from the State and Federal Government in an effort to eliminate the existing funding shortfall so that Town residents can move forward and enjoy the safety benefits of a fully accredited flood control system without the burdensome costs associated with the completion of the project.   

NOW THEREFORE BE IT RESOLVED, that the East Hartford Town Council does hereby approve this Appropriation of funds as listed below.

                C1620   64504           Levee Construction       $7,000,000
                C1610   42500           Levee Grant Revenue      $7,000,000

        
Funds certified as unobligated and available, pending State reimbursement.

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


Outdoor Amusement Permit Applications:

Cruise Night for Hunger

MOTION  By Marc Weinberg
                seconded by Marcia Leclerc
                to approve the outdoor amusement permit application “Cruise Night for
Hunger” submitted by Berk Little of Automatic TLC Energy to hold a car
show and cruise night with music to raise food and awareness of hunger
for the benefit of Food Share.  The event is to be held at TLC Automatic
Energy, 64 Oakland Avenue, East Hartford on Wednesday, June 10th
from 6PM to 9PM with a rain date of Thursday, June 11th and with the
same hours of music and operation; 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.

MOTION  By Marc Weinberg
                seconded by Eric Thompson
                to waive the associated permit fees under the provisions of Town
Ordinance Section 5-6(c) as the collected non-perishable food
items will be given to Food Share, which is a not for profit organization.
Motion carried 9/0.


KB Memorial Criterion Bicycle Races

MOTION  By Marc Weinberg
                seconded by Marcia Leclerc
                to approve the outdoor amusement permit application “KB Memorial
Criterion Bicycle Races” submitted by Mark Paggioli, President of the
Capital Velo Club Cycling Team, for the purposes of conducting a series of
bicycle races on Sunday, June 28th from 9AM to 5PM from Founders Plaza
and the following Streets: East River Drive, Pitkin Street, Meadow Street
and Hartland Street; 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.

MOTION  By Marc Weinberg
                seconded by Pat Harmon
                to waive the associated permit fees under the provisions of Town
Ordinance Section 5-6(c) as this is a fundraiser for the Keith Berger
Memorial Fund and to waive the 35% administrative surcharge.
Motion carried 9/0.


Appointments to Boards and Commissions

MOTION  By Pat Harmon
                seconded by Don Pitkin
                to approve the following appointments:
  • Insurance Commission
     Thomas Rup; term to expire December 2011
  • Patriotic Commission
     Michael Brinius; term to expire December 2011
                Motion carried 9/0.

Municipal Historian

MOTION  By Marc Weinberg
                seconded by Don Pitkin
                to postpone action until further communication from the Mayor.
                Motion carried 9/0.


East Hartford Housing Authority

MOTION  By Eric Thompson
                seconded by Pat Harmon
                to approve the appointment of Prescille Yamamoto to the
East Hartford Housing Authority; term to expire July 2009.
                Motion carried 9/0.
                

Referral to Ordinance Committee re: Nuisance Litter

MOTION  By Bill Horan
                seconded by Eric Thompson
                to refer to the Ordinance Committee the administration’s proposal to
create an ordinance making littering by way of newspapers being dropped
on lawns and driveways a fineable offense with instructions to review the
proposal and to report back to the Town Council with its recommendation,
if any.
Motion carried 9/0.


Recommendations from the Real Estate Acquisition & Disposition Committee:

Set a Public Hearing Date re: Daley Court

MOTION  By Bill Horan
                seconded by Eric Thompson
                to set a public hearing date of June 2, 2009 at 7:00 p.m. to be held in the
Town Council Chambers to permit the public to comment on the
recommendation of the Real Estate Acquisition & Disposition Committee to
transfer title of 590 Burnside Ave, the property formerly known as Daley
Court, to the East Hartford Redevelopment Agency.
Motion carried 9/0.


Extension of Time re: Kilty Property

MOTION  By Bill Horan
                seconded by Eric Thompson
                to extend the timeframe for the town to acquire the Kilty Farms property
                to October 9, 2009 so that the town can conduct phase II environmental
testing on the property before acquiring the property.
Motion carried 9/0.


Open Space Grant Agreement re: Kilty Property

MOTION  By Bill Horan
                seconded by Eric Thompson
                to adopt the following resolution:

RESOLVED, that Melody A. Currey, Mayor of the Town of East Hartford, be and hereby is authorized to execute on behalf of this municipal corporation an “Open Space Grant Agreement” with the State of Connecticut for financial assistance to acquire a 9.624 acre parcel of land along Ellington Road for recreational and open space purposes.

IN ADDITION, that Melody A. Currey, Mayor, is herby authorized to enter into such agreements, contracts and execute all documents necessary to said grant with the State of Connecticut.

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


OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION

Donald Pitkin inquired on the placement of advertising signs on town-owned property.



COUNCIL ACTION ON EXECUTIVE SESSION MATTERS

Ralph Jackson a.k.a. George Jackson v. Sandor Binkley and the Town of East Hartford

MOTION  By Marcia Leclerc       
                seconded by Barbara Rossi
                to accept the recommendation of Corporation Counsel to fully and finally
                settle the case entitled Ralph Jackson a.k.a. George Jackson v. Sandor
Binkley and the Town of East Hartford, for the total sum of $26,382.00.
Motion carried 9/0.



OPPORTUNITY FOR RESIDENTS TO SPEAK

None


ADJOURNMENT

MOTION  By Don Pitkin   
                seconded by Bill Horan
                to adjourn (9:25 p.m.).
                Motion carried 9/0.


The Chair announced that the next meeting of the Town Council would be on June 2, 2009.




                                        Attest________________________________
                                                        Angela M. Attenello
                                                          TOWN COUNCIL CLERK