EAST HARTFORD TOWN COUNCIL
TOWN COUNCIL CHAMBERS
DECEMBER 14, 2010
PRESENT Chair Richard F. Kehoe, Vice Chair William P. Horan, Jr., 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
CALL TO ORDER
Chair Kehoe called the meeting to order at 7:37 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.
RECOGNITIONS AND AWARDS
Recognition of East Hartford Fire Department: October’s Breast Cancer Awareness
Chair Kehoe read the following proclamation into the minutes:
P R O C L A M A T I O N
WHEREAS, the East Hartford Fire Department employees have always been strong supporters of the Breast Cancer Awareness Programs; and
WHEREAS, they were responsible for obtaining the “pink fire truck” in town in 2009 as part of the October programs; and
WHEREAS, this year, members of the East Hartford Fire Department, joined by members of their families, decorated the firehouses with pink lighting; and
WHEREAS, members of the department ordered t-shirts to sell as a fundraiser, successfully raising funds to submit to the breast cancer research organization; and
WHEREAS, this is a dedicated group of individuals that take up a cause and give it their all, going above and beyond in their efforts to help with this awareness.
NOW, THEREFORE, I, Mayor Melody A. Currey, join with members of the Town Council to express our appreciation to members of the
THE EAST HARTFORD FIRE DEPARTMENT
and their families and encourage all employees and residents of the Town to join with them in the battle to bring attention to, and find a cure for this devastating disease.
Mayor Currey presented this proclamation to Fire Chief John Oates, who credited the following East Hartford Fire Department employees for the idea: Brenda Tenney, Chief Medical Officer, Judy Geier, Pumper, Driver & Operator, and Ken Beliveau, Acting Deputy Chief. Ms. Geier addressed the Council on future programs for cancer awareness that the EHFD will be involved with. Additionally, Chief Oates presented the Council with a framed picture of one of the firehouses lit in pink. It will hang in the Council Office.
The Mayor and the Council congratulated the Fire Department for their efforts on breast cancer awareness.
No Child Left Behind “Safe Harbor” Program
Chair Kehoe read the following resolution into the minutes:
Whereas, the federal law entitled No Child Left Behind has a goal of ensuring that all children learn at expected grade level proficiency; and
Whereas, each school is expected to have a higher percentage of its students achieving proficiency as measured by the Connecticut Mastery Test; and
Whereas, a school may make safe harbor by increasing the number of students in a demographic category who achieve proficiency on all tests; and
Whereas, the East Hartford Public Schools are dedicated to student educational success as measured by the Connecticut Mastery Tests and has provided extra assistance to students who have previously underperformed; and
Whereas, East Hartford High School, Sunset Ridge School and Langford Elementary School have all increased student achievement and thereby obtaining safe harbor status under the No Child Left Behind law.
NOW THEREFORE BE IT RESOLVED that the Town Council congratulates the principals of these schools: Matt Ryan, David Flanagan and Greg Fox for their leadership in attaining this goal and also recognizes the hard work and dedication of the teachers, staff, parents and students in these schools.
Mayor Currey joined with Chair Kehoe in presenting the resolution to Matt Ryan, Principal of East Hartford High School, David Flanagan, Principal of Sunset Ridge School, and Greg Fox, Principal of Langford Elementary School. Each principal thanked the Mayor and Council for this recognition, and commended their staff and students for this achievement.
At this point, the Chair recognized Councillor Marc Weinberg for a point of personal privilege. Councillor Weinberg conveyed good wishes to the following people who are celebrating December birthdays: Mayor Currey, Tim Larson, Dan Larson and Matt Ryan.
OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS
Susan Kniep, 50 Olde Roberts Street, (1) asked about the process for getting a referral to the Ordinance Committee on the Council agenda; (2) questioned what progress has been made on the pending issue of Noise Regulation, which was referred to the Ordinance Committee at the June 15, 2010 Town Council meeting, both at the town and state level; (3) stated that, in the near future, she will ask for a referral to the Ordinance Committee as it relates to a possible ethics issue in the Redevelopment Agency; and (4) suggested that there be term limits set for those who serve on town committees.
Mayor Currey (1) stated that the vacuuming of leaves is completed, but that the collection of bagged leaves will continue until Friday, December 17th; (2) said that Corporation Counsel stated that there is no ethics conflict in the Redevelopment Agency, as has been suggested by the previous speaker; (3) will check with Public Works Director Billy Taylor, who will resign his position effective January 4, 2011, on the rock salt that the town is using for treatment of the roads.
APPROVAL OF MINUTES
November 16, 2010 Executive Session/Ortiz – R.R.H.T. Trust Holdings
MOTION By Marcia Leclerc
seconded by Susan Skowronek
to approve the minutes of the November 16, 2010 Executive Session/Ortiz
– R.R.H.T. Trust Holdings.
Motion carried 9/0.
November 16, 2010 Regular Meeting
MOTION By Marcia Leclerc
seconded by Marc Weinberg
to approve the minutes of the November 16, 2010 Regular Meeting.
Motion carried 9/0.
COMMUNICATIONS AND PETITIONS
University of Connecticut: Family Business Awards
Chair Kehoe announced that UCONN has been recognizing family owned companies for a number of years, and this year, Rogo
Distributors, also known as Allan S. Goodman, Inc., is the recipient of that award.
Update: Riverfront Recapture
Joe Marfuggi, President and CEO of Riverfront Recapture, distributed the 2009-2010 Riverfront Recapture Annual Report to all Councillors. He gave the Council a brief summary of the 2010 season. Mr. Marfuggi stated that 2010 saw over 960,000 visitors to both banks of the Connecticut River. One of the programs that he’s most proud of is the Community Rowing Program that operates out of the boathouse in Riverside Park. This program is free to any high school student in East Hartford, or Hartford, and to that student’s family. Mr. Marfuggi summarized future events planned on the Riverfront for 2011.
East Hartford Board of Education Update: Connecticut Mastery Test Scores and Connecticut Academic Performance Test Scores
Mark Zito, Superintendent of Schools, Debbie Kaprove, Assistant Superintendent of Schools, and Santosha Oliver, Coordinator, Assessment, Evaluation and Research prepared a power-point presentation for the Council. That presentation showed that the 2010 standardized test results for East Hartford Public Schools reflect increases over the 2009 scores at almost every level; at the elementary, middle school and high school level in mathematics, reading and writing. It was noted that children who stay in the East Hartford school system fare better than the transient students who move in and out of the district. While there is more work to be done, this significant progress is encouraging.
NEW BUSINESS
Youth Services Department: Local Prevention Council Grant (ERASE)
MOTION By Barbara Rossi
seconded by Pat Harmon
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 $5,675 with the State of Connecticut Department of Mental Health and Addiction Services to support the activities of a local alcohol, tobacco, and other drug abuse Prevention Council, and to file any amendments or reports as may be required to successfully complete the terms of the grant contract.
BE IT FURTHER RESOLVED that Melody A. Currey was elected Mayor. Her term of office began on November 9, 2009 and will continue until November 14, 2011. As Mayor, Melody A. Currey serves as the Chief Executive Officer for the Town of East Hartford, and is duly authorized to enter into agreements and contracts on behalf of the Town of East Hartford.
On call of the vote, motion carried 9/0.
Wide Area Network (WAN) Redesign
MOTION By Linda Russo
seconded by Barbara Rossi
to adopt the following resolution:
RESOLUTION TO AUTHORIZE A MUNICIPAL TAX-EXEMPT
LEASE PURCHASE FINANCING AGREEMENT
WHEREAS, the Town of East Hartford intends to redesign its wide area network in order to realize cost savings, achieve more efficient data communications, provide a data link to the Board of Education, add network redundancy, improve access to select town locations, and to avoid cost escalations from existing contracts; and
WHEREAS, the cost of the necessary fiber, switches, wireless access, make ready costs, licensing, and professional services to achieve this enhancement initiative designated for lease-purchase financing totals $250,000; and
WHEREAS, the Town will budget approximately $50,000 for five years and $25,000 for one year beginning in fiscal year 2011-2012 in the General Operating Fund in the Department of Information Technology to pay principal and interest for the purchases.
THEREFORE BE IT RESOLVED, that the Mayor of the Town of East Hartford is authorized to enter into a master lease purchase agreement and related documents with Chase Equipment Finance, Inc. in the principal amount not to exceed $250,000. 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 26CFR1.150-2.
On call of the vote, motion carried 9/0.
Refund of Taxes
MOTION By Marc Weinberg
seconded by Susan Skowronek
to refund taxes in the amount of $12,532.59
pursuant to Section 12-129 of the Connecticut General Statutes.
Motion carried 9/0.
Bill |
Name |
Prop Loc/Vehicle Info. |
Over Paid |
|
|
|
|
2008-03-0050755 |
ALLIED RESTOR. CORP |
2002/407WYR/WDBNG73J82A240536 |
($162.52) |
|
|
|
|
2008-03-0052386 |
BARLOW MARY J |
1998/506KLR/4A3AK44Y5WE068292 |
($6.00) |
2009-03-0054147 |
BRANCO DANIEL M |
1996/69CK12/1B7GG23Y3TS565942 |
($125.47) |
2009-03-0054862 |
BURNAT BERNADINE OR |
1998/751LCH/1HGCG1652WA037119 |
($13.16) |
|
BURNAT JOHN C |
|
|
|
|
|
|
2008-03-0055255 |
CAFEE JANET |
1994/167UHJ/WAUDJ84A2RN002524 |
($10.10) |
2008-03-0056633 |
CESANA EDMUND A JR |
1999/35914C/1FTRX17W7XNC23359 |
($7.68) |
2008-03-0056797 |
CHAPPIDI PHANI K R |
2000/315XBO/4T1BG22K3YU667787 |
($13.36) |
2001-03-0057206 |
CLASSIC SOFT TRIM |
1995/79001C/1GCEG25H4SF151287 |
($239.79) |
|
|
|
|
2009-03-0059291 |
DCFS TRUST |
2007/624WEE/1J8GR48K37C575292 |
($434.62) |
2009-03-0059292 |
DCFS TRUST |
2007/649WEE/1J8GR48K57C567307 |
($72.06) |
2009-03-0059297 |
DCFS TRUST |
2008/608XAJ/1J4GA39108L580086 |
($8.41) |
2009-03-0059298 |
DCFS TRUST |
2008/609XAJ/1J4GA39118L579531 |
($8.41) |
|
|
|
|
2006-02-0040597 |
EBL PRODUCTS INC |
91 PRESTIGE PARK CIRCLE |
($10.10) |
2009-03-0061504 |
ELLIS ONEIL C |
1994/940TTM/1HGCD5530RA071578 |
($88.26) |
|
|
|
|
2009-03-0061908 |
FALVEY MARY RITA |
1981/727006/4802040 |
($6.76) |
2009-03-0061909 |
FALVEY MARY RITA |
2000/DMFII/1LNHM97V0YY871597 |
($124.80) |
|
|
|
|
2007-03-0062722 |
FINANCIAL SER TRUST |
2006/226UJF/WBAVD135X6KV04069 |
($59.92) |
2008-04-0082355 |
FINANCIAL SER TRUST |
2009/261XJR/WMWMF33559TU72938 |
($239.84) |
|
|
|
|
2008-03-0063878 |
GAVIN JASON C OR |
2004/9002/5FNRL18924B002928 |
($51.86) |
|
GAVIN LISA D |
|
|
2009-03-0067136 |
HONDA LEASE TRUST |
2007/559WBU/1HGCM82657A003998 |
($242.93) |
2005-01-0006909 |
HOUGH TRYANGELA |
103 BREWER ST |
($1,627.25) |
|
|
|
|
2009-03-0090522 |
JACKSON SCOT W |
2008/882238/40LFB10118P152577 |
($28.07) |
|
|
|
|
2009-03-0069281 |
KHOUNVIENGSAY KHAMTANH |
1998/655882/5A4FPRJ13W2005307 |
($6.76) |
2002-03-0071392 |
LEBLANC KATHERINA OR |
1997/648367/1UJAJ01G4V1BL0283 |
($66.39) |
|
LEBLANC PAUL E |
|
|
2009-03-0070859 |
LEBLANC ROBERT J ESTATE OF |
2000/ZA907/2G4WS52J8Y1139120 |
($8.97) |
|
LEBLANC ROLAND EXECUTOR |
|
|
2009-02-0041045 |
LOMAC INC |
261 BURNHAM ST |
($226.26) |
|
|
|
|
2009-03-0073536 |
MCCOY LOIS L |
2000/105PKB/4T1BF22K9YU946793 |
($179.92) |
2002-01-0009525 |
MCDONALD GEORGE & ROBERT |
1969 MAIN ST |
($180.64) |
2008-03-0073950 |
MCDOWELL CLARENCE R OR |
2001/647JND/1GBFG15R011195164 |
($6.00) |
|
MCDOWELL GERALDINE |
|
|
|
|
|
|
2003-03-0091461 |
NASCIMENTO ELAINE C |
1995/615REB/1GNDT13W2SK182846 |
($36.57) |
2008-03-0076289 |
NELSON JOHN L OR |
2006/536NMW/JTEBU14R760103223 |
($416.78) |
|
DESMOND TAMMY D |
|
|
2008-03-0076358 |
NEWSOME III GEORGE F |
2005/378UVC/1ZVFT82H355156284 |
($53.09) |
2009-01-0010534 |
NGUYEN HAI |
1507-1517 MAIN ST |
($40.46) |
2009-03-0076268 |
NISSAN INFINITI LT |
2008/305WMG/1N4AL21EX8N423125 |
($202.09) |
2009-03-0076312 |
NISSAN INFINITI LT |
2006/739UVF/1N4AL11D36N407900 |
($269.21) |
|
|
|
|
2002-04-0086413 |
OLIVEIRA ANTHONY R |
1991/916SDW/1G4NV54U3MM268018 |
($21.38) |
|
|
|
|
2008-02-0041308 |
PHONTHIP LIQUORS |
1518 MAIN ST |
($125.41) |
2009-03-0079171 |
PIERCE DENIS J OR |
2002/59CL88/1GTEK14V22Z235610 |
($8.76) |
|
PIERCE GERALYN F |
|
|
2005-01-0011851 |
PRUSINOWSKI TERESA |
30-32 COLT ST |
($1,495.34) |
|
|
|
|
2008-03-0080727 |
RANGLIN SHANYA D |
2003/539SEH/1FAFP34P53W124304 |
($18.81) |
2009-03-0080905 |
RILEY ROSE M |
2003/182TOW/4T1BF32K63U545314 |
($15.83) |
2007-02-0041409 |
RIVERVIEW LEASE/LOAN HOLDING |
PPR02512 |
($89.44) |
2008-02-0041409 |
RIVERVIEW LEASE/LOAN HOLDING |
PPR02512 |
($6.75) |
|
|
|
|
2001-03-0082556 |
SAICO MANUEL |
1990/273PRX/1G3AJ54N7L6300740 |
($76.05) |
2007-03-0083932 |
SAMS PAMELA J |
2006/920WDM/3A4FY58B26T284176 |
($277.03) |
2001-03-0083174 |
SCHENK DALE A OR |
1999/810NNP/1HGCG6657XA151227 |
($8.00) |
|
SCHENK MARGARET F |
|
|
2001-03-0084492 |
SMITH LOUIS J |
1982/689255/1HD1EBK15CY124132 |
($50.53) |
2007-03-0086091 |
SOUZA MARY ESTATE OF |
1993/648UFA/1GHDT13W6P2708664 |
($11.19) |
|
SOUZA CHRISTINE POA & |
|
|
|
NICKERSON SEAN P POA |
|
|
|
|
|
|
2005-01-0014463 |
TIMOTHY MARVA NAOMI |
279 HOLLISTER DR |
($1,880.02) |
2008-03-0087289 |
TORRES HECTOR L |
1995/919UWO/1FMDU34X8SUA81352 |
($35.30) |
2009-03-0087080 |
TOYOTA CREDIT CORP |
2006/728UOT/JTMBD33V165022512 |
($101.80) |
2009-03-0087086 |
TOYOTA CREDIT CORP |
2007/852WDJ/5TDZK23C57S037720 |
($108.46) |
2009-03-0087087 |
TOYOTA CREDIT CORP |
2007/859WDJ/4T1BE46K57U160657 |
($126.14) |
|
|
|
|
2009-03-0088669 |
VW CREDIT LEASING LTD |
2007/750UVU/3VWHG71K97M039312 |
($194.24) |
|
|
|
|
2005-01-0015169 |
WALL TONY JR & |
17 HOLLISTER DR |
($920.84) |
|
WALL CLAUDETTE ROSE |
|
|
2007-04-0089217 |
WATKIS HUGH M |
2004/564WNS/1FMZU73E54ZB03956 |
($28.32) |
2008-01-0014243 |
WELLS FARGO |
30 KENYON PL |
($1,648.43) |
2006-03-0090359 |
WERKHEISER RICHARD |
1996/803NRB/1FALP6530TK101553 |
($10.01) |
|
|
|
|
TOTAL |
|
|
($12,532.59) |
Referral to Ordinance Committee re: Clothing Collection Boxes
MOTION By Bill Horan
seconded by Eric Thompson
to refer to the Ordinance Committee the issue of
clothing collection boxes with a view toward a possible
new ordinance requiring maintenance of these boxes
with instructions for the Committee to investigate the issue
and report back to the Town Council with its recommendations, if any.
Motion carried 9/0.
Recommendation from Ordinance Committee re: Stormwater Ordinance
MOTION By Bill Horan
seconded by Eric Thompson
to amend the Town of East Hartford Code of Ordinances by
adding a new Section 17-8a, and by repealing Section 17-6 through 17-8
and substituting in lieu thereof new Sections 17-6 through 17-8, entitled
Stormwater Ordinance, pursuant to the November 16, 2010 draft that was
unanimously recommended by the Ordinance Committee, with a revision to
subsection (a) of Section 17-8, as noted in the draft below.
Motion carried 9/0.
Stormwater ordinance
(11/16/10 draft)
Section 17-6
(a) No person shall discharge or cause to be discharged into the municipal storm drain system any material or substance except: (1) stormwater; (2) water from landscape irrigation, individual car washes, potable water sources, air-conditioning condensate, water main flushing, street washing, groundwater discharges from foundation and footing drains, groundwater from springs, streams and other wetlands; (3) dechlorinated pool water; (4) uncontaminated water from roof drains; and (5) any material or substance authorized by a federal, state or local government authority or by federal, state or local law.
(b) No person shall construct or maintain any drain or device, whether on the surface or subsurface, that allows any discharge of non-storm water into the storm water drain system in violation of subsection (a) of this section. Any person who maintains any such drain or device that had been previously approved by the state or local government shall stop the flow of discharge into the storm water drain system within six months of the effective date of this ordinance.
(c) No person shall deposit onto any public or private property any material that can be reasonably expected to cause a violation of subsection (a) of this section.
Section 17-7 The Director of Public Works shall adopt regulations establishing best management practices for preventing or reducing the discharge of pollutants directly or indirectly into the storm drain system. These practices may include treatment facilities to remove pollutants from storm water, methods to control runoff, erosion and sediment control, and measures consistent with federal and state environmental laws. Such practices shall, as appropriate, be incorporated by reference into any building or zoning permit issued by the town.
Section 17-8
(a) If the Director of Public Works has reason to believe that a violation of section 17-6 or section 17-8a is occurring or has occurred, the Director may, after giving written notice to the property owner of not less than 24 hours, except in emergency circumstances, enter the property on which such violation is located for purposes of determining if such violation has occurred or is occurring. If the Director determines that a violation has occurred or is occurring, the Director may issue a citation to correct a violation within the time specified in such citation. Such citation shall include the following provisions: (1) the allegations against the property owner and what needs to be corrected; (2) that the person may contest the citation before the Inland Wetlands/Environment Commission by
delivering, in person or by mail, to the town clerk within ten days of the date of the citation, a written demand for a hearing; (3) that if the person cited does not demand such hearing or comply with the citation, the town may enter such property, remediate the property and take other action required of the property owner in the citation and bill the property owner for such costs incurred by the town and that such costs may be the subject of a lien on such property.
(b) If the person who is served such citation wishes to admit liability for any alleged violation, he may, without requesting a hearing, comply with the citation.
(c) Any person who requests a hearing shall be given written notice of the date, time and place for the hearing. Such hearing shall be held not less than fifteen days nor more than thirty days from the date of the mailing of such notice, provided the Inland Wetlands/Environment Commission may grant, upon good cause shown, any reasonable request by such person for a postponement of such hearing. The presence of either the Director of Public Works or the person who issued the citation shall be required at the hearing if so requested by the person named in the citation. Such request must be included with the appeal. A person wishing to contest liability shall appear at the hearing, may present evidence, and may be represented by an agent or attorney. The Director of
Public Works may present evidence on behalf of the Town. If the person who received the citation fails to appear, the Inland Wetlands/Environment Commission shall enter a judgment by default against such person upon a finding of proper notice and liability under the applicable provisions of this section. The hearing shall be conducted in accordance with the rules of evidence as established in section 4-178 of the Connecticut General Statutes. The Inland Wetlands/Environment Commission shall render a decision within ten days of the close of the hearing. If the Commission determines that the person who received the citation is not liable, it shall dismiss the matter and enter that determination in writing. If the Commission determines that the person who received the citation is liable, the Commission shall enter a judgment finding such liability.
(d) If the person receiving the citation fails to comply with the order in such citation with the stated period of time, the town may enter such property and remediate the property and take any other action required of the property owner in the citation. Costs incurred in the performance of such work performed by, or on behalf of, the town of East Hartford shall be charged to the owner of the property on which such work was performed. Interest on any unpaid balance after thirty days shall accrue at a rate of twelve percent per annum. If the costs of the work are not paid by the owner of the property within thirty days of the date of the billing of such costs, the town may file a lien on such property and the corporation
counsel may institute an action in superior court to recover such costs
Section 17-8a. No person may construct, maintain or use any drain device or conveyance that connects to the municipal storm drain system without a permit issued by the Director of Public Works. The Director of Public Works shall deny, suspend or revoke any permit to connect to the municipal storm drain system if the material or substance flowing into such system is not authorized pursuant to subsection (a) of section 17-6 or the Director determines that such connection will overburden the system, cause undue harm to the quality of water in the system or is not maintained in good condition. Any permit issued pursuant to this section shall be contingent on the permittee receiving such other approvals or authorizations as required by federal, state or town laws.
Referral to Ordinance Committee re: Flood Protection System Committee
MOTION By Bill Horan
seconded by Eric Thompson
to refer to the Ordinance Committee the issue regarding the possible creation of a committee to be responsible for overseeing the maintenance and integrity of the town’s flood protection system with instructions to investigate the issue and to report back to the Town Council with its recommendations, if any.
Motion carried 9/0.
OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION
Susan Skowronek wished the Mayor a Merry Christmas, Happy New Year and a happy birthday.
COUNCIL ACTION ON EXECUTIVE SESSION MATTERS
None
OPPORTUNITY FOR RESIDENTS TO SPEAK
Mayor Currey stated that the town has negotiated for a new, lower electricity rate which will be in effect until December 2016 and save the town approximately $440,000 over the course of that time frame. Mayor Currey and Chair Kehoe wished all a Merry Christmas and Happy Holidays.
ADJOURNMENT
MOTION By Eric Thompson
seconded by Bill Horan
to adjourn (9:53 p.m.).
Motion carried 9/0.
The Chair announced that the next meeting of the Town Council would be on January 4, 2011.
Attest________________________________
Angela M. Attenello
TOWN COUNCIL CLERK
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