TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
JULY 21, 2009
PRESENT Chair Richard F. Kehoe, Councillors William P. Horan, Jr. (arrived at 5:45 PM) and Donald H. Pitkin
ALSO
PRESENT Jeanne Webb, Director of Development
Joseph Losty, 53 Handel Road
CALL TO ORDER
Chair Kehoe called the meeting to order at 5:35 p.m.
APPROVAL OF MINUTES
January 27, 2009 Meeting
MOTION By Don Pitkin
seconded by Rich Kehoe
to approve the January 27, 2009 Ordinance Committee minutes with
the following correction noted on page 2:
“Because the scope of services for ear each RFP needs to be described with
certain particularity…”.
Motion carried 2/0. (Horan not present)
OLD BUSINESS
Section 2-117(b): Enterprise Zone Boundaries
The Chair noted that the Ordinance Committee had previously agreed to a change in the enterprise zone boundaries reducing the amount of property that the enterprise zone tax credits would apply to in recognition that a sizable portion of the property would be designated for retail development which does not qualify for state credit for the enterprise zone tax credits. The Town Council also previously authorized the Mayor to apply to the Department for Economic and Community Development for its approval of the change in the enterprise zone. The Commissioner of Economic and Community Development approved the enterprise zone in April 2009 and so the Committee is now revising the ordinance to reflect the changes that have now been approved by the Department for Economic and Community Development. The Committee reviewed a draft
ordinance that amends Section 2-117 and 2-118 of the town ordinances. Jeanne Webb, the Director of Development, noted that the Commissioner of Economic and Community Development had approved the change in the enterprise zone on April 3, 2009 and that such map will be placed in the office of the Town Clerk.
MOTION By Don Pitkin
seconded by Rich Kehoe
to send the July 21, 2009 draft of the enterprise zone ordinance to the Town
Council for the purposes of setting a public hearing date.
Motion carried 2/0. (Horan not present)
MUNICIPAL ENTERPRISE ZONE
July 21, 2009 DRAFT
Section 2-117 of the town ordinances is repealed and the following is substituted in lieu thereof:
The Town Council of the Town of East Hartford finds:
a) That Section 32-70 et seq., as amended, of the Connecticut General Statutes permits the Town, upon receipt of approval from the Connecticut Department of Economic Development, to establish by ordinance a municipal enterprise zone for the purpose of attracting investment by business enterprises and enhancing the town's economic climate and employment opportunities; and
b) That the Department of Economic Development approved on July 14, 1995, the Town's application to designate Census Tract 5106 as a municipal enterprise zone and that in 2009, the town recognized the need to reduce the scope of the enterprise zone to reflect changes in the economic development plan for this area; and
c) That it is in the best interest of the Town to establish by ordinance such municipal enterprise zone In compliance with the requirements of Connecticut General Statutes, Section 32-70 et seq., as amended.
Section 2-118 of the town ordinances is repealed and the following is substituted in lieu thereof:
As used in this ordinance, "municipal enterprise zone" means [Census Tract 5106, as depicted on a map showing census tracts within the town published in 1990 by the U.S. Bureau of the Census] a portion of Census Tract 5106 as depicted on a map dated April 3, 2009 and approved by the Commissioner of the Connecticut Department of Economic and Community Development, which map is on file in the office of the Town Clerk.
Section 10-7(b): Bidding Procedures re: Public Works Contracts
The Chair noted that the Committee is waiting for information from the Director of Public Works regarding the specific description of the federal process for seeking bids through an RFP process prior to the architect and engineering drawings being finalized.
The Committee agreed to hold this item pending the receipt of further information from the Director of Public Works.
NEW BUSINESS
Nuisance Litter
The Committee discussed, with town resident Joe Losty, the concerns regarding The Reminder Newspaper which is delivered by individuals who toss the newspaper onto people’s front lawns or driveways. The newspaper is free and therefore people do not pay for a subscription for such paper in the same manner that people pay for the Journal Inquirer or the Hartford Courant.
The committee agreed with Mr. Losty that the method of delivery can be annoying to property owners since the newspaper, if delivered on a driveway, could be run over by a car.
There was concern about people slipping on the newspapers if delivered on the sidewalk portion of the driveway. And finally there was a concern that property owners using a snow blower may not realize that the newspaper is underneath the snow and it could clog and damage the snow blower. Mr. Losty noted that although he has requested The Reminder not be delivered to his house, the request has been ignored and the newspaper continues to be tossed on his property.
The Committee agreed to request the following information from Corporation Counsel:
- What are the rights of a property owner to prohibit individuals from trespassing on their property for the purposes of delivering newspapers to which the property owner does not subscribe?
- Given the 1st Amendment rights of newspaper distributors, what can the Town regulate with regard to the delivery of free newspapers
- and other solicitations?
3. How do other towns regulate this problem?
The Committee agreed to hold this item pending receipt from Corporation Counsel on the answers to these questions.
Section 10-7(d) Purchasing Procedures
The Committee reviewed the request from the Finance Director to include in the exemptions from the town’s bidding requirements any bid that is received through the Connecticut Conference of Municipalities (CCM) reverse auction process. A reverse auction process is one in which a sealed bid is provided to CCM in response to a solicitation for such bids. The bid is then opened and the bidders have the ability to revise their bid once it is clear what the winning bid is. The process provides an opportunity for the town to obtain goods and services more cost effectively than through a bidding process but does not commit the town to purchase the item if the final bid is not within the town’s budget.
The Committee reviewed a draft amendment to the town’s bidding ordinances and to add the reverse auction process as an exemption to the bidding requirements.
MOTION By Bill Horan
seconded by Don Pitkin
to send the July 21, 2009 draft of the amendment to Section 10-7
of the town ordinances to the Town Council for the purposes of setting
a public hearing date.
Motion carried 3/0.
REVERSE AUCTION: BIDDING PROCEDURES
July 21, 2009 DRAFT
Section 10-7(d) of the town ordinances is repealed and the following is substituted in lieu thereof:
(d) The provisions of subsections (a) and (b) of this section and section 10-8 and section 10-9 of the town ordinances do not apply if a single purchase or contract in excess of five thousand dollars is made or let based on a bid received by (1) a federal or state government; (2) a regional governmental entity, including but not limited to the Capitol Region Council of Governments; [, or] (3) a purchasing consortium of state governments, including but not limited to the Western States Contracting Alliance; or (4) the Connecticut Conference of Municipalities through a reverse auction process, when such government, governmental entity or purchasing consortium has received such bid through a sealed competitive bidding process and the bidder agrees to offer such goods or professional services at
that bid to municipal governments in Connecticut.
ADJOURNMENT
MOTION By Don Pitkin
seconded by Bill Horan
to adjourn (6:10 p.m.)
Motion carried 3/0.
cc: Town Council
Mayor Currey
Mike Walsh, Finance Director
Billy Taylor, Director of Public Works
Jeanne Webb, Director of Development
Joe Losty, 53 Handel Road
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