TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
JULY 21, 2010
PRESENT Temporary Chair Rich Kehoe, Councillors William P. Horan, Jr. and Eric Thompson
ALSO Melody A. Currey, Mayor
PRESENT Rich Vibberts, Deputy Chief, East Hartford Police Department
Billy Taylor, Public Works Director
Joseph Losty, 53 Handel Road
Jennifer March-Wackers, CRCOG
Pat Harmon, Town Councillor
Joe Kronen, 56 Farnham Drive
CALL TO ORDER
Temporary Chair Kehoe called the meeting to order at 6:35 p.m.
NOMINATION OF OFFICERS
MOTION By Eric Thompson
seconded by Bill Horan
to nominate Rich Kehoe as Chair
of the Ordinance Committee.
Motion carried 3/0.
MOTION By Eric Thompson
seconded by Rich Kehoe
to nominate Bill Horan as Secretary
of the Ordinance Committee.
Motion carried 3/0.
ADOPTION OF RULES GOVERNING MEETINGS
MOTION By Eric Thompson
seconded by Bill Horan
to adopt Robert’s Rules of Order as the rules that shall govern
parliamentary procedure at all subcommittee meetings, with the exception
that (1) the Chair shall not be required to restate the motion of any
Council member unless requested by another Councillor, or when in the
discretion of the Chair, such restatement is necessary to avoid any
confusion as to the motion; and (2) where such rules are in conflict with
the provisions of the State Statutes, the Town Charter, or Town
Ordinances.
Motion carried 3/0.
ESTABLISHMENT OF MEETING DATES
MOTION By Eric Thompson
seconded by Bill Horan
to hold meetings at the call of the Chair.
Motion carried 3/0.
STORAGE OF RECORDS
MOTION By Eric Thompson
seconded by Bill Horan
to store records in the Town Council office.
Motion carried 3/0.
APPROVAL OF MINUTES
September 30, 2009 Meeting
MOTION By Bill Horan
seconded by Rich Kehoe
to approve the September 30, 2009 Ordinance Committee minutes.
Motion carried 2/0. Abstain: Thompson
OPPORTUNITY FOR RESIDENTS TO SPEAK
Those residents in attendance spoke once a particular agenda item was discussed.
OLD BUSINESS
Section 10-7(b) re: Public Works Contracts
The Chair provided an update to the Committee regarding this issue. The Chair noted there was a desire by the Department of Public Works to revise the town’s ordinances with regard to the bidding process for large public works contracts, which would include architectural and engineering services, as well as the actual construction. Billy Taylor, the Public Works Director, indicated that the federal government guidelines require a request for qualifications and pre-qualification process. The Committee agreed that this was an issue that warranted further discussion. Mr. Taylor indicated that he would obtain more specific information with regard to the federal government contract guidelines and provide them to the Committee.
MOTION By Bill Horan
seconded by Eric Thompson
to table this item pending receipt of additional information
from the Public Works Director regarding the federal government
process for public works contracts.
Motion carried 3/0.
Nuisance Litter
The Chair provided the Committee with an update on the nuisance litter issue, indicating that while initially there were concerns about newspapers being left on driveways when they were not requested by the property owner, the Assistant Corporation Counsel raised constitutional concerns with regard to limitation on the delivery of newspapers. Mayor Currey and Deputy Chief Rich Vibberts indicated that there are a number of state laws with regard to litter and ordinances from other towns. Deputy Chief Vibberts indicated that he would be willing to provide the Committee with information on this issue. The Mayor indicated that on her recent trip to Maine, Vermont and New Hampshire she noted that there was very minimal litter. It was explained to her that there is strict enforcement of litter laws was critical in the prevention
of nuisance litter.
MOTION By Bill Horan
seconded by Eric Thompson
to table this issue pending receipt of information regarding
ordinances and state laws on litter.
Motion carried 3/0.
NEW BUSINESS
Stormwater Ordinances
The Chair provided an update to the Committee regarding the model stormwater ordinance which was developed by the Town Engineer and the Assistant Corporation Counsel. Billy Taylor, Public Works Director, indicated that the clean water act requires that towns must prohibit discharging of pollution and other illegal connections to the stormwater system. The Committee agreed to conduct a further review of the draft ordinance. Mr. Taylor indicated that he would provide the Committee with information regarding the federal requirements for stormwater enforcement.
MOTION By Bill Horan
seconded by Eric Thompson
to table this issue pending receipt of further information
from the Public Works Director.
Motion carried 3/0.
The Committee agreed to take the following agenda item out of order to accommodate those present.
Noise Regulations
The Chair indicated to the Committee that this item was before the Ordinance Committee because there were questions regarding the enforceability of noise ordinances in the town, especially as such ordinances apply to cars and motorcycles. The Committee’s charge is to review town ordinances and determine if additional regulations are necessary. Deputy Chief Vibberts provided the Committee with information on current state laws as well as a draft public education pamphlet which he had developed. Deputy Chief Vibberts indicated that one of the training programs for police officers will include noise mitigation. The Committee agreed that there are significant tools currently available to the police department, but that education of police officers, as well as public education, was needed. Deputy Chief Vibberts
also indicated that he may have some suggestions for the Committee to review once he has had the opportunity to discuss these ideas with the Police Chief.
MOTION By Bill Horan
seconded by Eric Thompson
to table this issue pending receipt of additional information
from the police department.
Motion carried 3/0.
The Committee agreed to take the following agenda item out of order to accommodate those present.
Membership in the Central Connecticut Solid Waste Authority
The Committee received a presentation from Jennifer March-Wackers, a representative of the Capitol Region Council of Governments (CRCOG), and Mayor Currey with regard to the current contract between the Town of East Hartford and the Connecticut Resources Recovery Authority (CRRA) which will expire in November 2012. After that date, the town is no longer obligated to provide its solid waste to CRRA for disposal at the MidConn trash to energy plant. This provides an opportunity for East Hartford to explore other avenues for disposing of its solid waste. The Central Connecticut Solid Waste Authority (CCSWA) was established as a consortium of municipalities that will review options for a joint regional effort to contract with the CRRA or any other entity which is willing to accept solid waste from the members of the CCSWA. The hope
is that by going out for a joint contract, the towns will be able to reduce their solid waste disposal expenses. It was noted that the proposed ordinance limits the CCSWA’s ability to make the towns responsible for any funds without the town’s specific approval. The towns would have the ability to withdraw from CCSWA at any time and currently there would be limited financial obligations by the town as part of joining the CCSWA. The ordinance was drafted and could not be amended since all towns that are members of the authority – currently there are sixteen towns that have joined CCSWA – must enact the same ordinance. The Committee reviewed the draft ordinance.
MOTION By Bill Horan
seconded by Eric Thompson
to send the July 21, 2010 draft of the CCSWA ordinance
to the Town Council for the purposes of setting a public hearing date.
Motion carried 3/0.
ORDINANCE TO CREATE AND BECOME A MEMBER OF THE CENTRAL CONNECTICUT SOLID WASTE AUTHORITY
(July 21, 2010 Draft)
Section One: Statement of Purpose
Pursuant to Section 7-273aa of the Connecticut General Statutes Annotated, which provides that any two or more Connecticut municipalities may, by concurrent ordinances of their legislative bodies, create a regional solid waste authority under the provisions of Sections 7-273aa to 7-273oo, inclusive (“Chapter 103b”), to jointly manage solid waste and recycling services on behalf of its members, the purpose of this Ordinance is to create such a regional authority to be known as the Central Connecticut Solid Waste Authority (“CCSWA”). Upon adoption of this Ordinance by two or more municipalities, CCSWA shall be created.
Section Two: Creation of the Regional Solid Waste Authority
CCSWA is hereby created as a regional authority under the provisions of Chapter 103b and shall have all the rights, powers, duties and obligations of a regional authority pursuant to Chapter 103b and Chapters 446d and 446e of the Connecticut General Statutes Annotated.
Section Three: Designation of Regional Solid Waste Authority
The Town of East Hartford (the “Municipality”) hereby designates CCSWA as its regional solid waste authority, including its regional resource recovery authority, and adopts the provisions of Chapter 103b in connection with this election to become a member of CCSWA; provided, however, that this designation and membership election shall not constitute a commitment of the Municipality’s solid waste or recycling streams, and provided further that the Municipality agrees that it shall take no action, now or in the future, contrary to its currently existing legal obligations and commitments, including, without limitation, making any pledge of its municipal solid waste or recycling streams to a disposal or recycling option chosen through CCSWA which has an effective date commencing prior to the expiration date of any currently
existing waste stream commitment to another disposal or recycling arrangement. By adopting this Ordinance, the Municipality shall not be obligated now or in the future to make any such commitment of its solid waste or recycling streams, or to commit any funding toward CCSWA, without further express authorization by its legislative body.
Section Four: Purpose of the Authority
The purpose of CCSWA shall be to solicit and jointly manage solid waste and recycling services on behalf of its members.
Section Five: Principal Address of the Authority
The principal address of CCSWA shall be 241 Main Street, Hartford, Connecticut 06106, c/o the Capitol Region Council of Governments.
Section Six: Members of the Authority
The members of CCSWA shall be the municipalities, including the Municipality, which adopt this Ordinance. Each member municipality shall be assigned to one of four sub-regions of CCSWA: (1) the Northwest Sub-Region, (2) the Naugatuck Valley Sub-Region, (3) the Greater Capitol Sub-Region or (4) the Shoreline Sub-Region.
Section Seven: Voting System for Meetings of the Authority’s Full Membership
The number of votes to be cast by each municipal member of CCSWA at any meeting of the authority’s full membership shall be determined in accordance with the following five-tiered voting system based on the individual population of each municipal member compared to the total population of all CCSWA municipal members (all such population figures to be derived from the most recent annual data published by the Connecticut Department of Public Health):
(a) each municipal member whose individual population is less than one percent of the total population of all CCSWA municipal members shall have one vote;
(b) each municipal member whose individual population is equal to or greater than one percent, but less than two percent, of the total population of all CCSWA municipal members shall have two votes;
(c) each municipal member whose individual population is equal to or greater than two percent, but less than five percent, of the total population of all CCSWA municipal members shall have three votes;
(d) each municipal member whose individual population is equal to or greater than five percent, but less than ten percent, of the total population of all CCSWA municipal members shall have four votes; and
(e) each municipal member whose individual population is equal to or greater than ten percent of the total population of all CCSWA municipal members shall have five votes.
Section Eight: Appointment, Removal and Term of Office of a Municipal Member Representative
Each municipal member shall appoint one representative to CCSWA, which shall be the current chief elected official of the municipality or that official’s designee, and that representative shall exercise the voting powers established for that municipal member as set forth in this Ordinance. As long as the method of appointment and removal and the term of office of each municipal member representative shall be consistent with the first sentence of this section, the details of such appointment, removal and term of office shall be as determined by the appointing municipality; provided however, that not more than half of the terms of all such municipal representatives shall expire within any one fiscal year.
Section Nine: Annual Meeting and By-Laws of the Authority
There shall be at least one annual meeting of all municipal members of CCSWA, to elect the members of the Executive Committee and enact such other business as shall be deemed advisable at such meeting, all as provided in the by-laws of CCSWA to be adopted after its formation. It shall require the affirmative vote of a majority of all CCSWA municipal members to enact the authority by-laws or adopt any amendments thereto, such vote to take place at a duly-called meeting of the full membership of CCSWA, with proxy voting to be permitted at such meeting.
Section Ten: Prohibition Against Member Monetary Compensation Other Than Host Community Compensation
The members and member representatives of CCSWA shall receive no monetary compensation solely for their service as members and member representatives of CCSWA; provided, however, that the ability of CCSWA, if it chooses to do so in its sole discretion, to pay host community compensation to municipal members which agree to host facilities owned or used by CCSWA within their municipal borders shall not be affected by this prohibition.
Section Eleven: Executive Committee of the Authority
The full membership of CCSWA shall elect an Executive Committee to manage the operations of CCSWA, provided, however, that the specific division of responsibilities for such management between the Executive Committee, the full membership of CCSWA and any other body or officer of CCSWA shall be consistent with the by-laws of CCSWA to be adopted after its formation. No member of CCSWA shall have more than one representative on the Executive Committee, and each member of the Executive Committee shall have one vote, without regard to the voting system established by Section 7 of this Ordinance for meetings of the authority’s full membership. The members of such Executive Committee shall constitute an odd number, shall include at least one representative of each of the five voting tiers established pursuant to Section 7 of this Ordinance for meetings of the authority’s full membership, and shall also be determined by considerations of geographical representation based on the four
sub-regions established under Section 6 of this Ordinance, all such matters and the terms of office and appointment of such Executive Committee members and other matters pertaining thereto to be specifically determined in a manner consistent with the by-laws of CCSWA to be adopted after its formation.
Section Twelve: Adoption
This Ordinance is hereby adopted pursuant to and in compliance with all laws governing the Municipality’s adoption of ordinances.
At this point, the Committee returned to the order of the agenda.
Reverse Auction – Section 10-7(d)
The Chair apprised the Committee that this issue came before the Ordinance Committee because the Council had to waive the bidding requirements for purposes of the town participating in a reverse auction through the Capitol Region Council of Government (CRCOG). Town ordinances already allow, in lieu of going out to bid, the town to participate in reverse auctions by the Connecticut Conference of Municipalities (CCM), but such provision does not include a similar reverse auction by CRCOG. The Committee reviewed a draft ordinance that would specifically allow the town to participate in a competitive bidding process, or a reverse auction process, that is conducted by the federal or any state government, regional governmental entity, purchasing consortium of state governments, or CCM. This provision recognizes the fact
that reverse auctions have become a growing part of the overall competitive bidding process and such that if the town is comfortable with a competitive bidding process by these entities, it would also be as comfortable with a reverse auction process. The ordinance would also raise the maximum amount that the town could contract without going out for a Request for Proposal (RFP) for professional services from five thousand dollars to ten thousand dollars which would make the requirement the same for professional services as it is for the bidding of goods.
MOTION By Bill Horan
seconded by Eric Thompson
to send the July 21, 2010 draft of the Reverse Auction Process ordinance
to the Town Council for the purposes of setting a public hearing date.
Motion carried 3/0.
Proposed Ordinance
Reverse auction purchases
(Draft 07-21-10)
Subsection (b) of Section 10-7 of the town ordinances is amended as follows:
(a) Purchases of professional services estimated to cost ten [five] thousand dollars or more shall be subject to the following requirements:
(1) The Director requiring the service(s) shall prepare a request for proposals defining the specific services to be delivered by the professional requiring those responding to set out their professional qualifications, experience and ability to deliver such services, as well as the fee to be charged and containing such other information as may be required by the Director.
(2) The Director shall appoint a committee of three persons, each of whom shall be qualified to judge such proposals by having knowledge, expertise and background in the field or subject matter addressed in the proposals. The committee shall review and evaluate such proposals and may, on behalf of the Town, negotiate specific terms and prices with any person who submits a proposal.
(3) The Committee shall, after reviewing such proposals, submit its report and recommendations to the Mayor and the Director along with copies of the proposals. The Mayor may accept the committee's recommendation, select one of the other proposals, or reject all proposals. If the Mayor selects one of the other proposals or rejects all proposals, he shall document his reason for doing so in writing.
(4) Notices for requests for proposals shall be published in accordance with Section 10-8(a)(I) of The Code of Ordinances.
Subsection (d) of section 10-7 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 ten [five] thousand dollars is made or let based on a bid, either through a competitive bidding process or reverse auction process, received by (1) a federal or state government; (2) a regional governmental entity, including but not limited to the Capitol Region Council of Governments; (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.
Compensation for Selectmen
The Chair noted that the Town Council had previously deleted the budget for selectmen’s salaries, but recently reinstated those funds in recognition that the current selectmen had been elected with the representation that they would receive compensation for their services. The Committee considered eliminating the compensation for selectmen effective when the selectmen who are elected in 2011 take office. The Committee reviewed a memo from Corporation Counsel’s office regarding a legal interpretation of state law indicating that the town maybe obligated to provide compensation for selectmen though the state law is not at all clear. The Committee decided that input from the current selectmen would be useful. The Mayor noted that the selectmen often provide a useful outlet for neighbors to resolve fence
disputes.
MOTION By Eric Thompson
seconded by Bill Horan
to postpone action on this issue until the next Ordinance Committee
meeting when the town’s current selectmen will be invited to attend
the meeting and discuss this issue.
Motion carried 3/0.
ADJOURNMENT
MOTION By Bill Horan
seconded by Eric Thompson
to adjourn (8:35 p.m.)
Motion carried 3/0.
cc: Town Council
Mayor Currey
Mike Walsh, Finance Director
Rich Vibberts, Deputy Chief, EHPD
Billy Taylor, Director of Public Works
Rich Gentile, Assistant Corporation Counsel
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