Skip Navigation
This table is used for column layout.
06-15-10 Regular Town Council Minutes
EAST HARTFORD TOWN COUNCIL

TOWN COUNCIL CHAMBERS

JUNE 15, 2010

PRESENT Chair Richard F. Kehoe, Vice Chair William P. Horan, Jr. (arrived 7:44 p.m.), Majority Leader Marcia A. Leclerc, Minority Leader Eric A. Thompson, Councillors Marc I. Weinberg, Barbara-Ann Rossi, Linda A. Russo, Susan P. Skowronek and Patricia Harmon (joined 7:46 p.m.)


CALL TO ORDER

Chair Kehoe called the meeting to order at 7:40 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.


Appointment of Patricia Harmon to the Town Council

MOTION  By Eric Thompson
                seconded by Marcia Leclerc
                to appoint Patricia Harmon to the Town Council to fill the
                unexpired term of Donald Pitkin pursuant to Section 2.5 of
                the East Hartford Town Charter.
                Motion carried 6/1. Nay: Skowronek

After the vote, Sharon Miller, Town Clerk, administered the oath of office to Ms. Harmon.  The Councillors welcomed her to the Council as she took her seat.  Councillor Harmon thanked the everyone for their good wishes and stated that she looks forward to working with the entire Council for the benefit of the town.


AMENDMENTS TO AGENDA

MOTION  By Marcia Leclerc
                seconded by Eric Thompson
                to amend the agenda as follows:
  • add, under Resolutions, Item 6.E.
                        "D.E.A. Funds: Grant Application re: Police Officers"   
  • add, under Communications, Item 7.A. "Committee
                        Assignments"
  • change, under New Business,
                        Item 9.B. Firehouse #5
1. Supplemental Budget Appropriation,
                                2. Bid Waiver: Special Inspection Services
  • add, under New Business,
                        Item 9.C.2. entitled "Transfer from Fund
                        Balance: Health Insurance Fund",
  • change Item 9.C. 2. entitled “Preliminary Year-end
Financial Results” to Item 9.C.3.
                Motion carried 9/0.


RECOGNITIONS AND AWARDS

Proclamation: Honorable Judge Kathleen McNamara

The Chair read the following into the minutes:

P R O C L A M A T I O N

Let it hereby known to all that Mayor Melody A. Currey and
Members of the East Hartford Town Council
congratulate

The Honorable Kathleen McNamara

on being appointed a Superior Court Judge.

Judge McNamara, a lifelong resident of our Town, is the first graduate of Manchester Community College to be appointed as a judge and the first female from the Town of East Hartford to be appointed.  She has been a valuable asset to our community as a resident, an employee and will serve the Judiciary System well as a Judge.


The Mayor and the Council presented this proclamation to Ms. McNamara, who thanked the citizens of East Hartford for their support and both Mayor Currey and the Town Council for this honor.



OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS

Susan Kniep (1) congratulated Pat Harmon and Eric Thompson for their recent appointed positions on the Council and also congratulated Joe Kronen for this appointment as Republican Town Committee Chair; (2) agrees with Eric Thompson’s article in the East Hartford Gazette regarding the need for Town Charter revision; (3) believes in transparency in government; (4) commended the Mayor for posting contracts to the town’s website, but in addition, requests that the Town of East Hartford’s checkbook be posted to the town’s website; and (5) thinks that there should be a stronger ethics ordinance.

Todd and Linda Matthews, 81 Central Avenue, thanked the Mayor, the East Hartford Police Department, and the Town Council, for their response to the speeding issue on Central Avenue that was reported at the June 1, 2010 Town Council meeting.

Mayor Currey commended the East Hartford Police Department for their action on the speeding issue on Central Avenue; (2) reported that, earlier this evening at the YMCA, Mrs. Jaye Stewart received the Jim McDonald Award for her years of service to the community; (3) announced that ShopRite will open at the former Shaw’s building at 1 Main Street on June 25th and that the town is actively pursuing all leads for the former BigY building located at School Street Plaza.



APPROVAL OF MINUTES

June 1, 2010 Regular Meeting

MOTION  By Marcia Leclerc
                        seconded by Susan Skowronek
                        to approve the minutes of the June 1, Regular Meeting.
                        Motion carried 8/0. Abstain: Harmon
                
June 8, 2010 Special Joint Meeting/Board of Education  

MOTION  By Marcia Leclerc
                        seconded by Eric Thompson
                        to approve the minutes of the June 8, 2010 Special Joint Meeting/
                        Board of Education.
                        Motion carried 7/0. Abstain: Skowronek, Harmon



RESOLUTIONS

2010-2011 State Department of Education Youth Service Bureau Grant

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

RESOLVED, that Melody A. Currey, Mayor of the Town of East Hartford, is hereby authorized to execute on behalf of this municipality a grant application in an amount not to exceed $50,000 with the State of Connecticut Department of Education for a “Youth Service Bureau Grant” and to file any amendments or reports as may be required to successfully complete the terms of the grant contract.

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


Assistance to Firefighters Grants:

Fire Apparatus Replacement

MOTION  By Linda Russo
                        seconded by Eric Thompson
                        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 “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 $500,000.00.

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.


Training and Certification

MOTION  By Linda Russo
                        seconded by Eric Thompson
                        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 “Assistance to Firefighters” grant program, and

WHEREAS, the East Hartford Fire Department wishes to make application to this Program to support the training and certification of its Pumper Driver/Operators and Fire Officers, and

WHEREAS, the total of this application shall not exceed $ 95,792.00.

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


Cities Readiness Initiative

MOTION  By Barbara Rossi
                seconded by Pat Harmon
                to adopt the following resolution:

That Mayor Melody A. Currey has been empowered to make application to and execute contracts and any amendments thereof, on behalf of the Town of East Hartford, between the Town of East Hartford and the West Hartford – Bloomfield Health District or its successor agency, concerning a $5,000 “Public Health Preparedness DEMHS Region 3 Cities Readiness Initiative” grant for the period September 15, 2009 through August 9, 2010.

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



Department of Homeland Security Grant Program: Memorandum of Understanding

MOTION  By Marc Weinberg
                        seconded by Barbara Rossi
                        to adopt the following resolution:

RESOLVED: that the Town of East Hartford may enter into with and deliver to the State of Connecticut Department of Emergency Management and Homeland Security any and all documents which it deems to be necessary or appropriate; and
FURTHER RESOLVED, that Melody A. Currey, Mayor of the Town of East Hartford, is authorized and directed to execute and deliver any and all documents on behalf of the Town of East Hartford and to do and perform all acts and things which she deems to be necessary or appropriate to carry out the terms of such documents, including, but not limited to, executing and delivering all agreements and documents contemplated by such document.

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

D.E.A. Funds: Grant Application re: Police Officers

MOTION  By Bill Horan
                        seconded by Susan Skowronek
                        to adopt the following resolution:
                                                                                                  
WHEREAS, the US. Department of Justice, Office of Community Oriented Policing Services (COPS), has funding available to the Town of East Hartford under the “COPS Hiring Program (CHP) for Fiscal Year 2010; and

WHEREAS, these funds may be used to hire career law enforcement officers in an effort to increase community policing capacity and crime prevention efforts; and

WHEREAS, the East Hartford Police Department desires to use these funds to hire five (5) additional police officers.  

NOW, THEREFORE, LET IT BE RESOLVED: That Melody A. Currey, Mayor of the Town of East Hartford, is authorized to make application to, and execute and approve on behalf of this corporation, any and all documents, contracts, and amendments as may be required by the US. Department of Justice as they pertain to this COPS Hiring Program Grant.

AND FURTHER BE IT RESOLVED:  That Police Chief Mark J. Sirois and Lt. Timothy Juergens of the East Hartford Police Department, are authorized to submit this application under the terms and conditions of the COPS Hiring Program Grant.
On call of the vote, motion carried 9/0.
                                                     


COMMUNICATIONS AND PETITIONS

Committee Assignments

Chair Kehoe announced the revisions to the Town Council’s Subcommittee assignments as follows:

COMMITTEE ASSIGNMENTS
(revised 06-15-10)

2009-2011

Economic Development                                    Personnel & Pensions
Barbara Rossi                                                   Marcia Leclerc, Chair
Susan Skowronek                                         Marc Weinberg
Susan Skowronek
                        
Public Building Commission
Education, Board of (Liaison)                                   Rich Kehoe
Rich Kehoe                                                      Susan Skowronek

                                                                Real Estate Acq. & Disp.
                                                                Linda Russo, Chair
                                                                Bill Horan
EMS                                                             Eric Thompson
Linda Russo                                                     
Eric Thompson
                                                                Retirement Board
                                                                Barbara Rossi
Fees Committee
Marcia Leclerc, Chair                                           Riverfront Recapture (Liaison)
Marc Weinberg                                           Marc Weinberg                   
Pat Harmon                                                      


Housing Authority (Liaison)                                     Tax Policy Committee    
Linda Russo                                                     Bill Horan, Chair
                                                                Marc Weinberg
                                                                Pat Harmon              
                                                                                                
Investigation & Audit                                           Town Owned Prop. Other Than RE
Bill Horan, Chair                                               Rich Kehoe, Temp Chair  
Barbara Rossi                                                   Marc Weinberg
Pat Harmon                                                      Eric Thompson                                                   
                                                        
M.D.C. (Liaison)
Bill Horan                                                                                                                                      
                                                        
Ordinance Committee                                             Budget Committee
Rich Kehoe, Temp Chair                                  Barbara Rossi, Chair
Bill Horan                                                      Marcia Leclerc
Eric Thompson                                                   Eric Thompson
                                                

OLD BUSINESS

Compensation of Selectmen – postponed from May 18, 2010

MOTION  By Bill Horan
                seconded by Susan Skowronek
                to refer to the Ordinance Committee the issue regarding
compensation for the selectman with instructions to
investigate the issue and report back to the Town Council
with its recommendation, if any.
Motion carried 9/0.

MOTION  By Bill Horan
                seconded by Susan Skowronek
                to postpone further action on this item until the
July 13, 2010 Town Council meeting.
Motion carried 9/0.
                
                

NEW BUSINESS

Recommendation from Real Estate Acquisition and Disposition Committee re: 627 Burnside Avenue – Drainage Outfall Reconstruction Easement Acquisition

MOTION  By Linda Russo
                seconded by Eric Thompson
                to postpone action on the drainage outfall reconstruction
easement acquisition at 627 Burnside Avenue until the
Town Council meeting of July 13, 2010.
Motion carried 9/0.


MOTION  By Eric Thompson
                seconded by Marc Weinberg
                to take item 9. G. Recommendation from Fees Committee re:
                Clear Wireless LLC Lease, out of order to accommodate those present.
                Motion carried 9/0.


Recommendation from Fees Committee re: Clear Wireless LLC Lease

MOTION  By Marc Weinberg
                seconded by Marcia Leclerc
                to approve the proposed lease between the Town of East Hartford and
Clear Wireless LLC with respect to a portion of the Town’s cellular
communications tower located at 100 Sunset Ridge Drive, which lease
shall have one initial five-year term and two successive five-year renewal
terms, subject to the following lease fees:

                        1.      First Year: Lease fees shall equal $2,100 per month
                        2.      Each Additional Year: monthly lease fees shall
increase on each anniversary of the commencement
date of the lease by 3% over the previous year’s
monthly lease fee.
  • The Tenant shall pay a one-time fee of $5,000.00 upon
        execution of this lease.

                Motion carried 9/0.

The Council now returned to the order of the agenda.

Firehouse #5:

Supplemental Budget Appropriation – Firehouse #5

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

RESOLUTION CONCERNING A SUPPLEMENTAL CAPITAL BUDGET APPROPRIATION OF NOT EXCEEDING $1,400,000 FROM THE PROCEEDS OF A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT FOR THE REPLACEMENT OF FIREHOUSE #5
WHEREAS, pursuant to a resolution of the Town Council adopted on August~15, 2006 and a vote of the electors of the Town at a referendum on November~7, 2006, the Town Council and the electors of the Town, respectively, approved an appropriation and bond authorization in the amount of $6,000,000 for the construction of a new Fire Station No.~5 to be located on the corner of Brewer Street and Graham Road (the “Firehouse #5 Project”), masonry restoration at the Town Hall and roof replacement at the East Hartford Cultural and Community Center (the “Original Appropriation”); and

WHEREAS, pursuant to a resolution of the Town adopted on June~16, 2009, the Town Council authorized the submission of a grant application to the Federal Emergency Management Agency (“FEMA”) under the American Recovery and Reinvestment Act of 2009 to support the Firehouse #5 Project; and

WHEREAS, the Town was successful and has been awarded a grant in the amount of $3,660,620 for the Firehouse #5 Project from FEMA (the “FEMA Grant”); and

WHEREAS, the cost of the Firehouse #5 Project has increased by $1,400,000 from $5,100,000 to $6,500,000; and

WHEREAS, the increased cost of the Firehouse #5 Project can be paid for entirely from the FEMA Grant; and

WHEREAS, the Town desires to increase the Original Appropriation by $1,400,000 from $6,000,000 to $7,400,000 for the Firehouse #5 Project.

NOW THEREFORE BE IT RESOLVED, that the East Hartford Town Council does hereby approve this Supplemental Capital Budget Appropriation in the amount of $1,400,000 to increase the Original Appropriation from $6,000,000 to $7,400,000 to be funded from the proceeds of the FEMA Grant for the purpose of providing additional funding for the Firehouse #5 Project.

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


Mayor Currey gave a brief history of the Firehouse #5 project that started in November 2006 with bonding approval to build the structure.

Mike Walsh, Finance Director, summarized the financial aspect of this project from bonding to stimulus monies to the supplemental budget appropriation that will be acted on this evening.

At this juncture, there was a power-point presentation by David Stein, Principal at Silver/Petrucelli & Associates, the approved architects for the new Firehouse #5.  The building schematic, interior lay-out and site plan were offered for review by the Council.  
Additionally, Joe Jankowski and Robert Fazzina, from Associated Construction, the town’s “owner’s representatives” for this project, were on hand to answer any questions that the Councillors might have.


Bid Waiver: Special Inspection Services – Firehouse #5

MOTION  By Barbara Rossi
                seconded by Marcia Leclerc
                to waive the bidding requirements of Town Ordinance
Section 10-7(b) and authorize the Administration to enter
into a Change in Service Agreement with Silver/Petrucelli & Associates
whereby Silver/Petrucelli & Associates will hire Michael Horton Associates,
Inc. to perform Special Inspection Services with respect to New Firehouse
#5, for an estimated cost of $8,000.00, such waiver being in the best
interests of the Town as it will expedite the construction process and is a
cost effective way of obtaining these services.
                Motion carried 9/0.


End of Fiscal Year 2009-2010:

Interdepartmental Budget Transfers

MOTION  By Marcia Leclerc
                seconded by Marc Weinberg
                to approve the interdepartmental transfers for fiscal year 2009-2010
                consistent with the transfers listed in a memorandum from Finance
Director Michael Walsh to Mayor Melody Currey dated June 15, 2010
totaling $1,329,000 in transfers within the General Fund. See below
Motion carried 9/0.


The Town of East Hartford                                                
UPDATED 15-Jun-10
For the Fiscal Year Ending June 30, 2010
Year End Budget Transfers
General Fund To
Account Number
Name
Amount
G2100-60110
Mayor's Office - Permanent Services
         5,000
G2200-60110
Corp. Counsel - Permanent Services
       23,000
G2300-60110
Human Resources - Permanent Services
       21,000
G2400-60110
Library - Permanent Services
       35,000
G2600-60110
Youth Services - Permanent Services
         7,000
G4100-60110
Development - Permanent Services
         3,000
G5204-60110
Police Operations - Permanent Services
     425,000
G5316-60110
Fire Suppression - Permanent Services
     485,000
G6100-60110
Inspections - Permanent Services
       30,000
G7300-60110
Highway Services - Permanent Services
    255,000
G7700-62321
Fleet Services - Gasoline and Diesel
    40,000
0.89%
TOTAL
 1,329,000
General Fund From
Account Number
Name
Amount
G1100-63134
Town Council - Internal Audit
    8,000
G1200-63221
Town Clerk - Printing
    5,000
G1300-60135
Registrar of Voter - Election Officials
    9,000
G3800-63499
Employee Benefits - Reserve for Severance
 325,000
G8100-60153
Park and Rec. - Rec. Leader
   11,000
G8100-60154
Park and Rec. - Rec. Leader
   85,000
G8100-60158
Park and Rec. - Swimming Indoor
   10,000
G8200-65252
Park and Rec. - Electricity
   19,000
G9400-60110
Social Services - Permanent Services
  14,000
G9510-66411
Debt - Interest (Town)
 413,000
G9510-66416
Debt - Principal (Town)
193,000
G9520-66411
Debt - Interest (BOE)
   4,000
G9600-60201
Contingency - Reserve for Neg.
 155,000
G9600-63492
Contingency  
 45,000
G9700-63258
Energy Debt Service
        33,000
TOTAL
   1,329,000

Transfer from Fund Balance: Health Insurance Fund

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

RESOLUTION CONCERNING A SUPPLEMENTAL BUDGET APPROPRIATION AND FUND BALANCE TRANSFER FOR THE FISCAL YEAR ENDING JUNE 30, 2010 TO FUND THE EXTINGUISHMENT OF AN OPERATING DEFICIT IN THE MEDICAL RESERVE FUND

WHEREAS, article 8, section 10-41 of the Town of East Hartford Ordinances creates a reserve fund for the administration of the town’s self-insured medical insurance benefits, and

WHEREAS, higher medical costs than planned paid from the reserve have depleted the reserve fund and require supplemental funding in order to maintain sound fiscal policy and to avoid a fund deficit at June 30, 2010, and

WHEREAS, both the Ordinance and Town Charter contemplate that when such a transfer is necessary, it should be by resolution of the Town Council during the last three months of the fiscal year.

NOW THEREFORE BE IT RESOLVED, that the East Hartford Town Council does hereby approve this Supplemental Budget Appropriation of funds in the amount of $1,500,000 from the Town’s Undesignated Fund Balance for the purpose of extinguishing the emerging fund deficit in the Town’s Self-Insured Medical Reserve Fund at June 30, 2010 and to reflect the addition of the attached Supplemental Revenue Appropriation and Expenditure Appropriation.

G0320-55900             Fund Balance Appropriation              1,500,000
G3200-67100             Transfers Out                           1,500,000

I0110-52100             Revenue Transfers In                    1,500,000
I0120-61401             Medical Reserve Claims          1,500,000

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


Preliminary Year-end Financial Results
Mike Walsh, Finance Director, explained the end-of-year processes to the Council and to the public.  Mr. Walsh commented that while the declining economy makes balancing the town accounts at the end of the year more and more difficult, the town will end the fiscal year in “the black”.  He also remarked on the necessity for the fund balance transfer for the health insurance fund to extinguish the deficit in the town’s Medical Reserve Fund. Additionally, Mr. Walsh was pleased to announce that the Town of East Hartford received a recalibration in its bonding rate – moving it up from an A-1 rating to a AA-2.

Before Councillor Weinberg made the following motion, he asked for a point of personal privilege to wish Donald Currey a Happy Birthday.

Refund of Taxes

MOTION  By Marc Weinberg
                seconded by Barbara Rossi
                to refund taxes in the amount of $15,508.57   
                pursuant to Section 12-129 of the Connecticut General Statutes.
                Motion carried 9/0.


Name
Prop Loc/Vehicle Info.
Int
 Over Paid
ALMODOVAR TAMARA & JOSUE O
95 GREAT HILL RD
  
 $  (925.07)
CALLAHAN NEWKIRK & WHITNEY FUNERAL HOME
1602 MAIN ST
 
 $(6,198.61)
CARTER KWAN A
322SPH
  
 $    (24.68)
GENERAL ELECTRIC CAPITAL
J81442
 
 $  (691.34)
GENERAL ELECTRIC CAPITAL
J81442
  
 $  (569.74)
GENERAL ELECTRIC CAPITAL CORP
UNIQUE ID PPG01080
 
 $  (722.70)
GILBERT BOBBIELYN T
814PZT
 
 $    (36.29)
GILBERT BOBBIELYN T
947UGD
  
 $    (28.00)
HONDA LEASE TRUST
1HGCP26778A073267
 
 $    (42.44)
J T BURKE & SONS INC
254 BURNSIDE AVE
  
 $  (214.09)
J T BURKE AND SONS INC
350WTG
  
 $    (68.72)
JACKMAN TERESA A
968KLB
$    (13.83)
JACQUES CAMILLE & VIOLETTE
23 BROOKLINE DR
$(1,607.91)
JACQUES CAMILLE & VIOLETTE
23 BROOKLINE DR
$  (679.11)
KALOIDES FRANK
663TDO
$  (143.83)
KNIGHT CLIFFORD A
INVEST
$  (120.88)
LEONE PHILIP P
710367
$    (14.92)
LEONE PHILIP P
7CK144
$  (174.06)
LUCKE EDWARD G
441 MAIN ST LOT 912
$  (241.13)
LUPACCHINO RICHARD A
974TOA
$    (14.27)
MACDONALD JENNIFER L
892PBM
$(6.38)
$  (106.41)
NEGRON ANTONIO
41 BURKE ST
$  (691.85)
PARRA ALBERTO
85 JANET DR
$(1,417.59)
PEREZ RUBEN J
819480
$(17.79)
$  (148.22)
PERRY ELOISE N
885SSF
$      (6.99)
QUINONES GRACIELA
280MWL
$    (11.71)
REIK JAMES E & CYNTHIA W
235 E RIVER DR #1005
$    (66.19)
SLOCUM DWIGHT JR
14 ARAPAHO DR
$      (6.93)
THE GREEN SCENE INC
K25157
$  (197.58)
THE GREEN SCENE INC
15CE94
$  (212.39)
TIRADO OLGA I
565WEW
$    (35.06)
VALLABHANENI S
940UZE
$    (52.03)
WEBSTER FIVE CENTS SAVINGS BANK
441 MAIN ST LOT C
$    (24.00)
 
 $(24.17)
$(15,508.57)

Johnson Controls Refinancing

MOTION  By Bill Horan
                seconded by Susan Skowronek
                to waive the reading of the entire resolution.
                Motion carried 9/0.

MOTION  By Bill Horan
                seconded by Linda Russo
                to adopt the following resolution:

A Resolution Of The Town Council Of East Hartford, Connecticut Authorizing The Execution And Delivery Of A Taxable (Qualified Energy Conservation Bonds) Equipment Lease/Purchase Agreement And A Tax-Exempt Equipment Lease/Purchase Agreement With Respect To The Acquisition, Purchase, Financing And Leasing Of Certain Equipment For The Public Benefit; Authorizing The Execution And Delivery Of Documents Required In Connection Therewith; And Authorizing All Other Actions Necessary To The Consummation Of The Transactions Contemplated By This Resolution

Whereas, the Town of East Hartford (the "Lessee"), a body politic and corporate and a public instrumentality duly created and validly existing under the laws of the State of Connecticut, is authorized by the laws of the State of Connecticut to purchase, acquire and lease personal property for the benefit of the Lessee and
its inhabitants and to enter into contracts with respect thereto; and

Whereas, the Lessee desires to purchase, acquire, finance and lease certain equipment (the "Equipment"), with a cost not to exceed $7,400,000, constituting personal property necessary for the Lessee to perform essential governmental functions (the "Project"); and

Whereas, the Lessee proposes to enter into that certain Equipment Lease/Purchase Agreement (Taxable Direct Pay Qualified Energy Conservation Bond) (the "Taxable QECB Agreement"), tentatively dated as of June~1, 2010, with Banc of America Leasing & Capital, LLC (or one of its affiliates) ("BALC"), the form of which has been presented to the governing body of the Lessee at this meeting; and

Whereas, the Lessee also proposes to enter into that certain Equipment Lease/Purchase Agreement (Tax-Exempt Lease) (the "Tax-Exempt Agreement" and together with the Taxable QECB Agreement, the “Agreements”), tentatively dated as of June~1, 2010, with Bank of America, N.A. (or one of its affiliates) (“BA”), the form of which has been presented to the governing body of the Lessee at this meeting; and

Whereas, the Lessee is authorized under the provisions of Chapter~98 of the General Statutes of Connecticut, Revision of 1958, as amended (the "Act"), to execute and deliver the Agreements, which may be in the form of a tax-exempt or taxable obligation, or both, of the Lessee for purposes of providing funds to finance the Project; and

Whereas, Sections 54A and 54D of the Internal Revenue Code of 1986, as amended (the "Code"), provides authority for the issuance of Qualified Energy Conservation Bonds ("Qualified Energy Conservation Bonds") that are taxable obligations allowing for either a tax credit to BALC or a direct subsidy payment to the Lessee, and $6,000,000 of Qualified Energy Conservation Bonds allocation has been awarded to the Lessee by the Connecticut Development Authority, and the Project is a qualified conservation purpose as further defined in Section 54D(f) of the Code; and

Whereas, the remaining $1,400,000 cost of the Project, including costs of issuance, can be financed using a tax-exempt obligation in the form of the Tax-Exempt Lease; and

Whereas, the Town Council of the Lessee deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreements and the documentation related to the financing of the Project for the purchase, acquisition and leasing of the Equipment to be therein described on the terms and conditions therein provided;

Now, Therefore, Be It And It Is Hereby Resolved by the Town Council of Lessee as follows:

Section 1.  Authorization.  The Lessee is hereby authorized to execute and deliver the Agreements, with principal components of rental payments in an aggregate amount not to exceed $7,400,000 and with an interest rate, net of the subsidy, not to exceed 5.0% per annum.

Section 2.  Tax Certifications.  Contingent upon approval of legal counsel, the Mayor, the Treasurer and the Director of Finance of the Lessee are each hereby individually authorized and directed to sign any and all documents required to enter into the Agreements, including any required certificates to ensure the Agreements does not constitute an issue of arbitrage bonds for purposes of Section 148 of the Code and, in the case of the Taxable QECB Agreement, is executed and delivered as a Qualified Energy Conservation Bond for purposes of Sections 54A and 54D of the Code, any tax certificates documenting the following requirements:
  • the proceeds will be spent on qualified conservation purposes as more particularly described in Section 54D(f) of the Code;
  • no more than two percent of the proceeds will be spent on costs of issuance;
  • all proceeds, including interest earnings, will be spent within three years of the date of the Taxable QECB Agreement;
  • within six months of the date of the Taxable QECB Agreement, the Lessee will enter into binding contracts to spend at least 10% of the available project proceeds;
  • the Lessee has required that the contractors on the Project be paid in accordance with the Davis-Bacon Act; and
  • the Lessee shall designate the Taxable QECB Agreement as a Qualified Energy Conservation Bond and make such additional designations as may be required by Section 54A and 54D of the Code.
Section 3.      Approval of Documents.  The form, terms and provisions of the Agreements are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the Mayor, the Treasurer or the Director of Finance of the Lessee or other officers of the governing body of the Lessee executing the same, the execution of such documents being conclusive evidence of such approval; and the Mayor, the Treasurer and the Director of Finance of the Lessee are each hereby individually authorized and directed to execute the Agreements and any related Exhibits attached thereto and to deliver the Agreements (including such Exhibits) to the respective parties thereto, and the Town Clerk of the Lessee is hereby authorized to affix the seal of the Lessee to such documents, as required.

Section 4.       Other Actions Authorized.  The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreements to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Acceptance Certificates and any tax certificate and agreement, as contemplated in the Agreements) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreements.

Section 5.      Reimbursement.  The Lessee hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the “Regulations”), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this Resolution in an amount not to exceed $7,400,000 for the Project with the proceeds of the Agreements authorized to be entered into by the Lessee.  The Agreements shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize.  The Lessee hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date.  The Director of Finance or his designee is authorized to pay project expenses in accordance herewith pending the execution of the Agreements.

Section 6.      No General Liability.  Nothing contained in this Resolution, the Agreements nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the full faith and credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreements or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its full faith and credit or against its taxing power, except to the extent that the rental payments payable under the Agreements are special limited obligations of the Lessee as provided in the Agreements.

Section 7.      Appointment of Authorized Lessee Representatives.  The Mayor, the Treasurer and the Director of Finance of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Agreements until such time as the Town Council of the Lessee shall designate any other or different authorized representative for purposes of the Agreements and each Lease Schedule attached thereto.

Section 8.      Severability.  If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution.

Section 9.      Repealer.  All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency.  This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof.

Section 10.     Effective Date.  This Resolution shall be effective immediately upon its approval and adoption.

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

Referral to Ordinance Committee re: Noise Regulations

MOTION  By Bill Horan
                seconded by Susan Skowronek
                to refer to the Ordinance Committee the issue regarding
unreasonable noise from motor vehicles without adequate
muffler systems with instructions to review the issue and
to report back to the Town Council with its recommendation, if any.
Motion carried 9/0.


Recommendation from Personnel & Pensions Subcommittee re: Revised Job Description – Fleet Manager, Public Works

MOTION  By Marc Weinberg
                seconded by Barbara Rossi
                to approve the revisions to the job description of Fleet Manager,
Public Works Department, as outlined in a memo from Ron Savitski,
Interim Director of Human Resources to Melody Currey, Mayor
dated May 10, 2010, which revisions do not constitute an increase
in pay grade.
Motion carried 9/0.

Note: a copy of the revised job description will be on file in the Town Council office.


OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION

Susan Skowronek received calls from citizens regarding the need for larger stop signs on the corner of Long Hill and Tolland Streets.  Also, Ms. Skowronek attended the Burnside Brewery Festival and had a great time.

Marcia Leclerc (1) commented on the risky 3-way intersection on Ash Street, near New Testament Baptist School, and suggested that cars entering the parking lot at the school do so at the entrance that is located away from this intersection; (2) reported that the road re-paving on Long Hill has been completed and looks wonderful; and (3) asked that the Administration obtain a copy of the “State of CT Survey”, prepared by BlumShapiro, the town’s auditors, as advertised in the Hartford Courant.

Eric Thompson congratulated the Connecticut International Baccalaureate Academy (CIBA) for attaining a ranking of 22nd in the nation.  Councillor Thompson also commented on the academic progress that his daughters have achieved since their enrollment at CIBA.

Barbara Rossi applauded the East Hartford Parks and Recreation Department for being selected as a recipient of the 2010 Dorothy Mullen Arts and Humanities Award, Class IV.  

Bill Horan announced that the Little League team he coaches has garnered a record of 14-1 for the season.

Mayor Currey thanked the Council for their approval of all the additions to the agenda at the last minute.



COUNCIL ACTION ON EXECUTIVE SESSION MATTERS

None

OPPORTUNITY FOR RESIDENTS TO SPEAK

None



ADJOURNMENT

MOTION  By Eric Thompson
                seconded by Bill Horan
                to adjourn (10:55 p.m.).
                Motion carried 9/0.


The Chair announced that the next meeting of the Town Council would be on July 13, 2010.




                                        Attest________________________________
                                                        Angela M. Attenello
                                                          TOWN COUNCIL CLERK