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10-06-09 Town Council Regular Meeting Minutes
EAST HARTFORD TOWN COUNCIL

TOWN COUNCIL CHAMBERS

OCTOBER 6, 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 (arrived 7:37 p.m.), Barbara-Ann Rossi, Linda A. Russo, 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.


OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS

Susan Kniep, 50 Olde Roberts Street, (1) supports the referral to the Investigation and Audit Committee regarding the Town Hall Renovation project; (2) suggested that the Investigation and Audit Committee hire an independent auditor other than the current auditors to audit the Town Hall Renovation project; and (3) asked that the Council delay the vote on the Johnson Controls Energy Savings Performance Contract and Financing Agreement since background information was not available on the town’s website; and (4) asked that proposed ordinances be posted to the website prior to a public hearing on that proposed ordinance.

Debbie Gaudette, 22 Higbie Drive, (1) suggested that the Council form a Finance Committee that would meet monthly to handle the issue of large construction projects; (2) stated that the Board of Education has realized a significant savings under the Johnson Controls contract and supports the extension of this contract.

Mayor Currey (1) stated that the dialing of phone numbers with area codes will start on November 14th; (2) announced that October 17th is the date for the hazardous waste collection at the MDC plant on Pitkin Street; (3) read a letter from Dan Wasilewski, president of the East Hartford Firefighters Union, Local 1548, commending the Mayor for her selection of John Oates, as Chief of the East Hartford Fire Department; (4) stated that she strongly supports the Johnson Controls Energy Savings Performance Contract and Financing Agreement; and (5) stated that she does support the referral to Investigation and Audit Committee regarding the Town Hall Renovation project and that, under the Charter, any town construction project over $500,000 is subject to an audit. However, that audit is normally performed at the end of the project.


APPROVAL OF MINUTES

September 15, 2009 Executive Session/Irwin and Venus Lounge

MOTION  By Marcia Leclerc
                        seconded by Pat Harmon
                        to approve the minutes of the September 15, 2009 Executive
                        Session/Irwin and Venus Lounge.
                        Motion carried 9/0.

September 15, 2009 Regular Meeting  

MOTION  By Marcia Leclerc
                        seconded by Eric Thompson
                        to approve the minutes of the September 15, 2009 Regular Meeting
                        minutes as corrected on October 1, 2009.
                        Motion carried 9/0.



RESOLUTIONS

Fireman’s Fund Insurance Company Grant

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

WHEREAS, the Fireman's Fund Insurance Company's Heritage Program has, since its inception in 2004, been proud to support firefighters for safer communities; and

WHEREAS, the East Hartford Fire Department wishes to make application to this Program to support the completion of a project to address the challenges of fighting fires in high-rise buildings located within East Hartford; and

WHEREAS, the total of this application shall not exceed $5,400.00.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of East Hartford recognizes the need for funding these items under the Fireman's Fund Heritage Program.

AND FURTHER, BE IT RESOLVED that the Town Council does support and authorize the submission of this grant application to the Fireman's Fund Insurance Company 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.

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



NEW BUSINESS

Revised Amusement Permit: Fall Fest

MOTION  By Marc Weinberg
                seconded by Eric Thompson
                to amend the Town Council‘s approval of the Fall Fest amusement permit
                to authorize a hayride wagon on town roads as described in a memo from
Melody Currey, Mayor to Rich Kehoe, Chair dated September 29, 2009.
Motion carried 9/0.
                
Revised Motion: Bid Waiver for Firehouse #5, LEED Certification

MOTION  By Bill Horan
                seconded by Barbara Rossi
                to rescind the motion regarding the bid waiver for LEED
Certification of Firehouse #5 that was passed by the
Town Council on September 15, 2009.
Motion carried 9/0.

MOTION  By Bill Horan
                seconded by Eric Thompson
                that pursuant to Section 10-7(c) of the Town of East Hartford
                        Code of Ordinances the Town Council waive the bidding
                        requirements of Section 10-7(b) of the Town of East Hartford Code of
                Ordinances to authorize an amendment to the July 10, 2007 contract
                between the Town and Silver/Petrucelli & Associates, in accordance
with the attached September 8, 2009 letter and amendment to the
Professional Services Agreement, in an amount not to exceed $10,500.00,
which is in the best interests of the Town as it will improve the chances of
the Town's receipt of Federal Stimulus Funding for Firehouse #5.
                Motion carried 9/0.

                
Refund of Taxes

MOTION  By Marc Weinberg
                seconded by Linda Russo
                to refund taxes in the amount of $27,480.90  
                pursuant to Section 12-129 of the Connecticut General Statutes.
                Motion carried 9/0.


Bill
Name
Prop Loc/Vehicle Info.
Over Paid
2008-03-51559
ARONNE JAMES
1994/JIM64/1G2HX52L8R4238725
$       (9.88)
2007-03-51792
ATTENBOROUGH ROBERT W
2004/HO8965/2T1BR38E24C243577
$      (80.25)
2003-01-3600
DAVIS DOUGLAS P & BETTY
185 LEXINGTON RD
$       (92.76)
2007-03-60675
DINH LANCE
2005/845VAL/JTKDE177350042383
$    (108.53)
2006-03-60908
DONEGAN LORRAINE N OR
1992/AC8921/4T1VK12E8NU026260
$      (54.18)
DONEGAN JOHN J
2007-03-60883
DONEGAN LORRAINE N OR
1992/AC8921/4T1VK12E8NU026260
$      (47.51)
DONEGAN JOHN J
2008-03-60694
DONEGAN LORRAINE N OR
1992/AC8921/4T1VK12E8NU026260
$     (47.51)
DONEGAN JOHN J
2007-04-83037
FORREST PAUL J
1999/422WRL/3GNEK18R2XG189949
$     (134.19)
2005-02-40782
HALLKEEN EH ESTATES LTP
66 PLAIN DR
$  (11,084.26)
2006-02-40782
HALLKEEN EH ESTATES LTP
66 PLAIN DR
$   (8,327.10)
2007-02-40782
HALLKEEN EH ESTATES LTP
66 PLAIN DR
$   (6,394.80)
2008-03-70377
LACHANCE KATRINA A
2005/807UXW/1B3ES56C25D242837
$          (8.79)
2007-03-77161
NISSAN INFINITI LT
2006/218URJ/3N1CB51D26L556122
$        (22.81)
2007-04-86188
NISSAN INFINITI LT
2005/821TYB/1N4BA41E75C872811
$       (37.84)
2007-04-86202
NISSAN INFINITI LT
2008/58CZ97/1N6AD06W78C406210
$       (61.18)
2008-03-76673
NISSAN INFINITI LT
2005/437UCA/JN8AZ08W65W440445
$    (161.77)
2008-03-76696
NISSAN INFINITI LT
2006/589UTM/1N4AL11D26N423652
$    (323.04)
2008-03-80598
RAMIREZ JORGE E
2004/405THB/5FNRL18884B118366
$     (298.65)
2008-03-81140
REYES PEDRO
1995/674WOS/2B4GH2530SR155840
$      (24.54)
2008-03-83634
SANTIAGO MARIA I
1999/671075/CTRL1271
$        (7.20)
2008-03-84225
SENETHEP SOUTHANOU
1997/54CZ78/2HGEJ6578VH569968
$        (8.27)
2008-03-85590
SPERRY MARNI C
2002/TS7042/3VWSE69MX2M070217
$      (32.05)
2007-03-87436
THERIAULT ERIC C
2001/805160/JYA5AHE021A025905
$       (27.62)
2008-03-88441
VAZQUEZ JOSE J
1998/880WSY/1J4FJ68S4WL247202
$       (51.30)
2008-03-88760
VIDALON LUZMILA
2004/755UUW/JTDBR32E142048738
$       (18.81)
2008-03-89870
WILKOS MICHAEL
1994/5CX493/JN8HD17Y4RW227750
$      (16.06)
TOTAL
 
 $ (27,480.90)

Referral to Real Estate Acquisition & Disposition Committee re: Burnside Avenue Drainage Outfall Reconstruction Easements

MOTION  By Linda Russo
                seconded by Barbara Rossi
to refer to the Real Estate Acquisition & Disposition Committee the
issue of the Burnside Avenue Drainage Outfall Reconstruction Easement
Acquisitions as noted in a memo from Billy Taylor, Director of Public Works
to Melody Currey, Mayor dated September 9, 2009.
Motion carried 9/0.


Appointment to Board of Ethics

MOTION  By Marc Weinberg
                seconded by Marcia Leclerc
                to approve the appointment of Christian Moore to the
                Board of Ethics, whose term shall expire December 2009.
                Motion carried 9/0.


Referral to Investigation & Audit Committee re: Town Hall Renovation Project

MOTION  By Don Pitkin
                seconded by Marcia Leclerc
                that in accordance with Town Charter Section 3.9 that requires,
                in addition to the annual audit, the Town Council shall obtain an
                audit of any non-recurring project costing more than $500,000,
                if no State or Federal audit is required, the Town Council shall
                appoint an independent public auditor to conduct such audit;
                the matter of the Town Hall Renovation Project be referred to
                the Investigation and Audit Committee.
                Motion carried 9/0.



Johnson Controls: Energy Savings Performance Contract and Financing

Prior to the motions below, a presentation was provided for the Council.  Michael Walsh, Finance Director, was joined by Christopher Bleuher, Account Executive for Johnson Controls, Jim Cotton, Northeast Sales Leader for Johnson Controls, and Al Costa, Facilities Manager for the East Hartford Board of Education.  A cost savings cash flow analysis was reviewed with the Council.  The energy savings performance contract, originally entered into in April of 2007, showed a significant savings for the Board of Education and the Town of East Hartford.  Mr. Walsh pointed out that 90% of the square footage of this project affects the Board of Education buildings, and 10% affects Town buildings.  Also, Mr. Walsh indicated that an independent energy engineering firm (Lime Energy) was hired to review and compare documentation that Johnson Controls provided to assure the Town that there will be a savings to the taxpayers.

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

RESOLUTION CONCERNING AN ENERGY SAVINGS PERFORMANCE CONTRACT

WHEREAS, the Town and the East Hartford Board of Education, working cooperatively through the Request for Proposal process, have selected Johnson Controls Incorporated (JCI) to identify energy saving performance measures in Town and Board buildings, and

WHEREAS, JCI and their engineers have identified approximately $7.302 million of capital improvements in Town and Board buildings that will generate $13.075 million of total budget savings over the life of the contract through direct energy savings and utility rebates, and

WHEREAS, the total budget savings generated under this energy savings performance contract with JCI will allow the town to secure needed capital improvements and through lease financing, to issue debt over a period of approximately 18 years whereby the debt service will be paid completely by the savings generated under the contract, resulting in no net cost increase to the Town or Board.

NOW THEREFORE BE IT RESOLVED, that the Mayor of the Town of East Hartford is authorized to enter into an Energy Savings Performance Contract with JCI not to exceed $7.302 million.  The contract terms, payment schedule, and other details of the contract shall be mutually determined between the company and the Mayor, whose signatures will indicate approval of specific terms and conditions.

On call of the vote, motion carried 8/1. Nay: Thompson


MOTION  By Linda Russo
                seconded by Marcia Leclerc
                to adopt the following resolution:

RESOLUTION TO AUTHORIZE A MUNICIPAL TAX-EXEMPT
LEASE PURCHASE FINANCING AGREEMENT

WHEREAS, the Town of East Hartford intends to purchase various capital equipment under a Energy Savings Performance Contract with Johnson Controls, Inc., and

WHEREAS, the cost of the various capital equipment is approximately $7.302 million; and

WHEREAS, the Town is expected to save through direct energy savings and utility rebates approximately $13.075 million in total over the next 18 years and will use those savings to pay principal and interest on the borrowing.  
THEREFORE BE IT RESOLVED, that the Mayor of the Town of East Hartford is authorized to enter into a lease purchase agreement and related documents with the lowest responsible bidder in the principal amount not to exceed $7.302 million.  The interest rate, payment schedule and other details of the financing shall be mutually determined between the company and the Mayor, whose signatures will indicate approval of specific terms and conditions.

BE IT FURTHER RESOLVED, that the Town declares its intent to be reimbursed for any temporary advances from the General Fund to pay for any part of the equipment from proceeds of the lease financing in accordance with Treasury Regulation 26 CFR 1.103-18 and/or 26 CFR1.150-2.

On call of the vote, motion carried 6/3. Nays: Pitkin, Harmon, Thompson


Setting a Public Hearing Date of October 20, 2009 at 7:00 P.M. Regarding Revisions to the Town of East Hartford Code of Ordinances: Section 16-5(h) “Condominium Association Residential Municipal Solid Waste Collection”

MOTION  By Bill Horan
                seconded by Don Pitkin
                to set a public hearing date of October 20, 2009 at 7:00 P.M. in Town
                Council Chambers to hear comment regarding proposed revisions to the
                East Hartford Code of Ordinances, Section 16-5, subsection (h) entitled,
                “Condominium Association Residential Municipal Solid Waste Collection”.
                Motion carried 9/0.



OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION

Pat Harmon (1) inquired on the opening date of the new Public Safety Complex; (2) asked if the annual payment required from the East Hartford Golf Course is current and if all the scheduled repairs to the Golf Course are being completed in a timely manner; (3) inquired on the permitting process for work performed within town buildings, particularly the window walls installed at the East Hartford High School; and (4) inquired on who is responsible for payment of the repairs to the window walls at the High School.

Eric Thompson (1) commented on the disrepair of the fence located on Latimer Street that borders Ecology Drive; (2) asked that the town trash receptacles that are at Turtle Creek Apartments located on Myrtle Street be picked up; (3) noticed that the billboard sign on Connecticut Boulevard has been taken down and asked for an update on that issue; and (4) inquired on the validity of parking at the end of Carroll Place behind Riverside Healthcare Center.

Don Pitkin (1) stated that he was aware that the Administration would be opening bids for
the repair work on the stairs at the Veterans’ Memorial Clubhouse on Thursday; and (2) inquired on the metal fence that’s been left by the State on the tree belt on Silver Lane in front of Silva’s Daycare.

Bill Horan commented on the opening of Gina’s Brick Oven Pizza at the East Hartford Golf Course.

Marcia Leclerc and Pat Harmon commented the disrepair of the curb on the corner of Long Hill Street and Burnham Street, and asked when that would be repaired.


OPPORTUNITY FOR RESIDENTS TO SPEAK

Kathy Lombardo, 334 Maple Street, (1) thanked the Council and the Mayor for not raising the mill rate for the 2009-2010 fiscal year; (2) suggested that Councillors ask questions from the taxpayer’s point of view when dealing with the more complex issues on the agenda so that Channel 5 viewers can receive more information on the issue; (3) inquired on the tax assessment status of property owned by Goodwin College or any non-profit entity; (4) asked about the possibility of the placement of a magnet-type school in a building located on Main Street; (5) inquired on the process of ordinance revision, specifically how it would affect budget by referendum; (6) asked if the funding of the Johnson Controls project is from state or federal monies; (7) questioned if the town had received federal funds for education; (8) passed along a compliment from a friend who recently played at the East Hartford Golf Course and highly recommended it.

Mayor Currey reiterated that the Town’s Assessor carefully scrutinizes Goodwin College’s properties and buildings to insure that they are properly assessed.

Marc Weinberg wished Bill Horan a belated Happy Birthday.



ADJOURNMENT

MOTION  By Don Pitkin
                seconded by Bill Horan  
                to adjourn (10:14 p.m.).
                Motion carried 9/0.




The Chair announced that the next meeting of the Town Council would be on October 20, 2009.






                                        Attest________________________________
                                                        Angela M. Attenello
                                                          TOWN COUNCIL CLERK