TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
SEPTEMBER 30, 2009
PRESENT Chair Richard F. Kehoe, Councillors William P. Horan, Jr. (arrived at
5:41 PM) and Donald H. Pitkin
ALSO Melody A. Currey, Mayor
PRESENT Rich Gentile, Assistant Corporation Counsel
CALL TO ORDER
Chair Kehoe called the meeting to order at 5:38 p.m.
APPROVAL OF MINUTES
July 21, 2009 Meeting
Councillor Pitkin inquired about the status of a response to the questions posed regarding litter free newspapers. The questions were contained within the minutes of the July 21, 2009 meeting. The Chair distributed Attorney Gentile’s response to those questions and indicated that the Committee will take up this issue at their next meeting.
MOTION By Don Pitkin
seconded by Bill Horan
to approve the July 21, 2009 Ordinance Committee minutes
Motion carried 3/0.
OLD BUSINESS
Chapter 16, Section 16-5, Trash Collection for Condominiums
The Chair reviewed the history of this issue noting that there are a small number of condominium associations where the number of units is less than twenty. The Committee had been approached by one such association that indicated they were interested in having the town collect their trash due to the high cost of private collection. The Committee had previously indicated that the ordinance requiring 50% ownership for the town collection of municipal solid waste would not change. The Committee was comfortable with the 50% requirement. However, the Committee agreed to look into a system whereby the town may collect municipal solid waste from small condominium associations if they paid for the per unit cost to the town for such collection.
The condominium association recently indicated an interest in pursuing town trash collection on a fee basis. The Chair of the Committee distributed a September 30th draft of the ordinance which was reviewed by the Committee. Numerous technical changes were made to the draft at the request of Attorney Gentile. The Committee also added language to specify that any request for the initiation of such services must be filed with the town by December 31st of the year preceding the July 1st start date, recognizing the town would need ample time to address the issue of additional collection responsibilities.
The ordinance was also amended to allow the town to enter into a contract for a term of less than one year for any association that is seeking collection prior to July 1, 2010. The Committee noted that this should have limited fiscal impact on the town because the requirements established in the ordinance would ensure that the town’s solid waste collection trucks are already collecting trash on the street in which the association is located. The association will pay for the municipal unit cost of solid waste collection, which shall include all personnel costs, including health insurance and pension benefits attributed to those personnel, and also include the tipping fee for the disposal of solid waste.
MOTION By Don Pitkin
seconded by Bill Horan
to send the October 1, 2009 draft of the ordinance entitled “Condominium
Association Residential Municipal Solid Waste Collection Ordinance” to the
Town Council for the purposes of setting a public hearing date.
Motion carried 3/0.
Condominium Association Residential Municipal Solid Waste Collection Ordinance
(October 1, 2009)
Section 16-5 of the Code of Ordinances of the Town of East Hartford is amended by adding a new subsection (h) as follows:
(h) Notwithstanding the provisions of this section, the town may provide residential municipal solid waste collection and disposal for a condominium association of not more than twenty dwelling units where the percentage of owner-occupied units is less than fifty percent if: (1) the association enters into a contract with the town for such services on an annual basis, beginning July 1st and ending June 30th, and pays an annual fee equal to an amount determined by the Finance Director to be the average cost of residential municipal solid waste collection and disposal per dwelling unit multiplied by the number of dwelling units in such condominium association; (2) such association pays for the cost of the automated refuse containers required for
residential municipal solid waste collection under this section and any other containers that meet town standards for residential municipal solid waste collection; and (3) such collection and containers are placed on a street on which the town’s refuse collection vehicles already collect residential municipal solid waste or in such other area designated by the Director of Public Works. The association shall file with the Director of Public Works an initial written request for services under this subsection no later than December 31st of the year preceding July 1st of the year in which such collection services shall begin. Prior to July 1, 2010, the town may enter into a contract for such services for a term of less than one year and shall assess such fees on a pro-rata basis. The town may suspend or refuse to perform residential municipal solid waste collection and disposal services if the association fails to meet its obligations under the
contract.
ADJOURNMENT
MOTION By Don Pitkin
seconded by Bill Horan
to adjourn (6:15 p.m.)
Motion carried 3/0.
cc: Town Council
Mayor Currey
Mike Walsh, Finance Director
Billy Taylor, Director of Public Works
Rich Gentile, Assistant Corporation Counsel
| 
