TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
JANUARY 23, 2013
PRESENT Chair Rich Kehoe and Councillor Eric Thompson
ABSENT Councillor Bill Horan
ALSO Marcia Leclerc, Mayor
PRESENT Rich Gentile, Assistant Corporation Counsel
Beau Thurnauer, Deputy Chief, East Hartford Police Department
Greg Grew, Inspections & Permits Director
Ellen McCreery, Chair, East Hartford Redevelopment Agency
CALL TO ORDER
Chair Kehoe called the meeting to order at 5:39 p.m.
APPROVAL OF MINUTES
October 9, 2012 Meeting
MOTION By Eric Thompson
seconded by Rich Kehoe
to approve the October 9, 2012 meeting minutes.
Motion carried 2/0.
The Committee agreed to take several agenda items out of order to accommodate those present.
OLD BUSINESS
Security Cameras – Extended Hour Convenience Stores
Beau Thurnauer, EHPD Deputy Chief, provided an overview of the city of Hartford ordinance. He indicated that the ordinance was designed to address concerns about loitering and other illegal activities on the grounds of the stores that are opened 24-hours a
day. He stated that Hartford police are pleased with the effectiveness of this ordinance in not only reducing crime surrounding those buildings, but also in aiding the criminal investigation if a crime does occur on those properties. Deputy Chief Thurnauer reported that there had been ten robberies during the hours of 11PM and 5AM at four locations in East Hartford that have 24-hour convenience store markets. He also reported that there approximately twelve stores that would fall under the definition of a convenience store that is opened 24-hours a day. He said that it was his understanding that a vast majority of those stores had, in fact, a security camera and some form of alarm system that rings to a central location.
The Committee was interested in knowing exactly how many of our convenience stores already comply with the requirements for security cameras and alarm systems, and also whether the property insurance policies offer some reduced premium if the stores carry such features. Deputy Chief Thurnauer indicated that he would follow up and obtain that information for the Committee.
The Committee agreed to take no further action until receipt of further information from the police department.
Panhandling/Fraudulent Solicitation
The Committee received a report from Assistant Corporation Counsel Rich Gentile who had reviewed the town of Stonington ordinance and discussed the matter with town of Stonington’s attorney. Attorney Gentile also conducted a preliminary review of the First Amendment cases involving panhandling. He indicated that passive begging is protected speech under the First Amendment, whereas towns could regulate “aggressive” begging on public property. He indicated that if the begging occurs on private property, the owner can always prohibit such activity. Therefore, begging that is occurring on Stop and Shop plaza property could be prohibited by the private owner – while begging on a sidewalk on Main Street would be subject to a regulation, but that the town’s ability to regulate or restrict such
begging is restricted under the First Amendment.
The Committee agreed to review a draft of an ordinance on panhandling by Attorney Gentile at a future ordinance meeting. The ordinance would be narrow in focus, so as to insure that the town would not be sued by restricting such begging. Additional public education – reminding citizens not to give to the beggars – would go a long way in stopping this activity.
The Committee agreed to take no further action until receipt of further information from Corporation Counsel.
Bidding Procedures: §10-7 RFQ for State and/or Federal Projects
The Committee reviewed the October 9th draft of the ordinance providing for a process to use a Request for Qualifications (RFQ) as a new process in lieu of a Request for Proposal (RFP) when dealing with personal services. The draft allows for a RFQ when there is a list of services to be provided but it is not clear exactly how much of those services the project would require. It does retain all of the protections currently in the statute for the RFP process and applies them to the RFQ process. The statute also provides for a blanket waiver of our bidding ordinances if (1) there is a different procedure required as a condition for receipt of state or federal funds, (2) there is a certification that such is required for receipt of those funds; and (3) a purchasing agent is able to certify that the procedures were
followed in accordance with the dictates of state or federal law.
MOTION By Eric Thompson
seconded by Rich Kehoe
to send the October 9, 2012 draft of the RFQ procedures (see below)
to the Town Council for the purposes of setting a public hearing date.
Motion carried 2/0.
Ordinance Authorizing the Use of Request for Qualifications and State and Federal Bidding Procedures
(10/9/12)
Section 10-7 of the Code of Ordinances of the Town of East Hartford is repealed and the following is substituted in lieu thereof:
(a) All single purchases and contracts, except for professional services as provided in subsection (c) of this section, in which the amount of expenditure is estimated to be ten thousand dollars or greater, shall be made from or let by sealed bids. All purchases, except for those for professional services and except as provided in subsection (c) of this section of less than ten thousand dollars, but greater than five thousand dollars, shall be substantiated by three written quotations which shall be held as a permanent record for audit and public inspection.
(b) Purchases of professional services estimated to cost ten thousand dollars or more shall be subject to the following requirements:
(1) The Director requiring [the service(s)] professional services shall (A) 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, or (B) prepare a request for qualifications containing a list of services to be provided, requiring those responding to set out their professional
qualifications, experience and ability to deliver such services as well as the rates to be charged for each service 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, rates 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)(1) of The Code of Ordinances.
(c) The Town Council may waive the requirements of subsection (a) or this section whenever it deems that such waiver is in the best interests of the Town.
(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 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, 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.
(e) 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 thousand dollars is made or let in connection with a project funding in whole or in part by state or federal funds and (1) the town is required, as a condition of receipt of such funds, to follow state or federal bidding procedures and (2) the Purchasing Agent certifies that such federal or state bidding procedures have been followed.
Dispensing of Alcohol on Town Property: Chapters 5 and 14
Attorney Gentile reviewed the draft ordinances that would clean up our amusement process by establishing a single approval process for all amusements and also clarify requirements for obtaining certificate of insurance and also a certificate of alcohol liability insurance when applicable. The statute also requires that any amusement that does not require a permit that is being held on town property, that entails alcohol and is open to the public, must receive approval by the town, specifically the Chief of Police, in order for the event to occur.
MOTION By Eric Thompson
seconded by Rich Kehoe
to incorporate the October 16, 2012 draft and the February 24, 2012 draft into
one document, (see below) which will become the January 23, 2013 draft of
the amendments to the amusement permit ordinance and the liability of the
permittee in town parks ordinance, and to send such draft to the Town
Council for purposes of setting a public hearing date.
Motion carried 2/0.
Proposed Ordinance Revising the Amusement Permit Process
(01-23-13 draft)
Section 1. Section 5-1 of the East Hartford Code of Ordinances is repealed and the following is substituted in lieu thereof:
No person shall conduct an outdoor amusement event where alcoholic beverages are served without first obtaining a permit from the Chief of Police pursuant to section 5-3 of the town ordinances.
[Notwithstanding the provisions of subsection (a), no person shall conduct a parade, fireworks display, airshow, outdoor carnival, ordeal, circus, tent show or an outdoor amusement event where (1) there is a musical performance and more than one hundred people are anticipated to attend, or (2) where roads or sidewalks in the town, or portions thereof, are closed to public use, without first obtaining a permit from the Town Council pursuant to section 5-4 of the town ordinances] No person shall conduct an outdoor amusement event or an event where roads or sidewalks in the town are closed to public use without first obtaining a permit pursuant to section 5-3 and section 5-4 of the town ordinances.
No person shall conduct an outdoor amusement event on town property or conduct an outdoor amusement event sponsored or co-sponsored by the Town of East Hartford without (i) obtaining a permit from the Chief of Police with approval of the Town Council pursuant to Section 5-4 of the town ordinances; (ii) executing a contract delineating the responsibilities of the town and such persons, in a form acceptable to the Corporation Counsel’s office; and (iii) obtaining a certificate of insurance consistent with the requirements of section 5-5
As used in this section, “outdoor amusement event" means [a]
- Parade
- Road race
- Fireworks display
- Airshow
- Outdoor carnival
- Rodeo
- Circus
- Tent show
- planned gathering of people that is open to the public, or members of an organization whether or not there is an admission fee, where there is entertainment, such as music or a theatrical performance, and the event is held, wholly or in part, outdoors provided it shall not include any family life event celebration where attendees must be invited, such as weddings, birthdays, bachelor parties or anniversaries.
Section 2. Section 5-3 of the East Hartford Code of Ordinances is repealed and the following is substituted in lieu thereof:
Upon receipt of the application, the Chief of Police shall forward a copy of said application to the directors of the following Town departments: Fire, Health, Public Works, [and] Parks and Recreation, the Office of the Corporation Counsel and Finance.
The Chief of Police and the Directors of Fire, Health, Public Works [and] Parks and Recreation Departments, the Office of the Corporation Counsel and Finance shall review the application. Within two weeks of the date the application was filed, each Director shall provide to the Chief of Police written comments pertaining to the impact the proposed amusement would have on the areas under such department's purview and any recommended changes in the planned operations. The comments from the Fire Department shall also include a statement as to whether the Town can provide adequate fire protection for the proposed amusement.
In reviewing the application, the Chief of Police and the Directors of Fire, Health, Public Works and Parks and Recreation Departments shall consider, but not be limited to, the following: the type of amusement proposed; the suitability of the site for the amusement proposed; access to amusement site by emergency vehicles; the provision for notification of proper authorities in the event of an emergency; public safety; the anticipated crowd size; crowd control; traffic; parking; noise; litter control, including, but not limited to, sufficiency of proposed trash receptacles, dumpster space, and general clean-up during and immediately following amusement; sufficiency of sanitary facilities; compliance with the requirements of the State Public Health Code, other state laws and regulations, and local laws and regulations; and
the general impact on the surrounding community and town as a whole.
If the application is submitted pursuant to subsection (a) of section 5-1 of the town ordinances, the Chief of Police may approve such application if the amusement can be conducted in a safe manner consistent with the public safety and public welfare of the town and subject to such conditions as the Chief of Police deems necessary.
If the application is submitted pursuant to subsection (b) of section 5-1 of the town ordinances, within one week of receipt of written comments from the Directors, the Chief of Police shall forward those comments to the Town Council. The Chief of Police shall also forward to the Town Council written comments pertaining to the impact the proposed amusement would have on the areas under the purview of the Police Department and any recommended changes in the planned operations, as well as a statement as to whether the Police Department can supply adequate police protection. If the activity involves an application to utilize Town Property as set forth in subsection (b)(2) of section 5-1, the Chief of Police shall also forward to the Town Council a copy of the contract and certificate of insurance [agreement referenced n subsection (b)(2) of 5-1 which agreement shall be executed by applicant].
Section 3. Section 5-4 of the East Hartford Code of Ordinances is repealed and the following is substituted in lieu thereof:
- In addition to any other notice required by law, any person who submits an application pursuant to subsection (b) of section 5-1 to conduct a fireworks display, airshow, outdoor carnival, rodeo, circus or tent show shall post a sign on the property where such activity will be conducted which shall be clearly visible from the street for a period of at least ten consecutive days before the Town Council meeting at which the application will be considered. The sign shall state that an application is pending before the Town Council. The applicant shall provide to the Town Council at the Town Council meeting a signed affidavit attesting that the applicant has complied with the sign-posting requirement of this section. The sign, which is available at the office of the Town Planner, shall not be removed until the completion of the Town Council meeting, and
must be returned to the office of the Town Planner within seven business days following the Town Council meeting.
(b) After submission of comments by the Chief of Police and the posting of a notice pursuant to subsection (a) of this section, if applicable, the Town Council may vote to approve or disapprove an application submitted pursuant to subsection (b) of section 5-1. In the discretion of the Town Council, approval of the application may be made on certain conditions in order to address public safety, health or welfare concerns presented in the written comments of the Chief of Police or other Directors.
(c) If the application is approved by a majority vote of the Town Council, the Clerk of the Town Council shall forward written approval, including any conditions of such approval, to the Chief of Police. The Chief of Police shall thereafter issue a permit to the applicant for the proposed amusement. Such permit shall clearly state the nature of the amusement, the approved location, date(s), hours of operation and any conditions of approval imposed by the Town Council.
(d) Approval of the application does not relieve the applicant of the obligation to pursue any other permits or licenses that may be required by the State or Town.
(e) If the application is not approved by a majority vote of the Town Council, the Clerk of the Town Council shall notify the applicant in writing of the denial of the application.
Section 4. Section 5-5 of the East Hartford Code of Ordinances is repealed and the following is substituted in lieu thereof:
[(a) In addition to the application requirements set forth in subsection (1) of Section 5-2, the applicant for a permit to conduct an outdoor amusement event where alcoholic beverages are served shall provide a Certificate of Insurance indicating that the applicant has obtained a Liquor Liability policy in the limit and with such coverages as may be set by the Finance Director in consultation with the Risk Manager. The insurance policy shall be endorsed to add the Town as an additional insured on all such policies.]
(a) In addition to the application requirements set forth in subsection (b) of Section 5-2, the applicant for a permit to sponsor, produce or conduct an [parade, road race, fireworks display, airshow, outdoor carnival, rodeo, circus or tent show] outdoor amusement event shall provide a Certificate of Insurance indicating that the applicant has obtained a Comprehensive General Liability (CGL) insurance policy and, if required, a liquor liability policy in the limit as set by the Finance Director in consultation with the Risk Manager, to cover any injury to persons or damage to property resulting from such [parade, road race, fireworks display, airshow, outdoor carnival, rodeo, circus or tent show]
outdoor amusement event. Notwithstanding any other provisions of this Article, no permit to sponsor, produce or conduct an [parade, road race, fireworks display, airshow, outdoor carnival, rodeo, circus or tent show] outdoor amusement event shall be issued unless the Town's Finance Director or his representative has reviewed and approved such Certificate. The insurance policy shall be endorsed to add the Town as an additional insured. In addition, no permit to conduct an outdoor amusement event sponsored or co-sponsored in whole or in part by the Town of East Hartford where alcoholic beverages are served shall be granted without the express consent of the Mayor after the purchase by the Town of a Liquor Liability policy in the limits set by the Finance Director in consultation with the Risk Manager.
(b) Notwithstanding any other provisions of this Article, the Town Council shall not approve application for any permits under 5-1 hereof without written [to sponsor, produce or conduct a parade, fireworks display, airshow, outdoor carnival, rodeo, circus or tent show in the absence of written] notification from the Town's Finance Director or his or her representative that the Certificates of Insurance required by subsection (a) [and (b)] of this section [has] have been reviewed and found acceptable.
Sec. 14-7. Permit Subject to Rules; Liability of Permittee.
(a) All permits issued by the Director of Parks and Recreation shall be subject to the park rules and regulations and Town ordinances.
(b) The [Director] Chief of Police, after consultation with the Mayor may, by permit, authorize the sale or dispensing of alcoholic beverages within a designated area of a town park or recreational facility, provided (1) such sale or dispensing is in conjunction with an event; (2) the permittee has obtained a liquor permit for such sale from the state of Connecticut; [and] (3) the permittee maintains liquor liability insurance as required by the Director of Finance in consultation with the Risk Manager; (4) the Chief of Police determines that the event can be conducted in a safe manner consistent with the public safety and public welfare of the Town. The provisions of this subsection shall not apply to any outdoor amusement event permitted pursuant
to Section 5-3 of the town ordinances.
(c) The permittee shall be liable for any loss, damage, or injury sustained by any person by reason of the negligence of the permittee or his agents or employees, as well as for any breach of Town rules, regulations and ordinances, and the permittee shall be liable to the town in case the Town becomes liable to the person injured.
Tax Collection Policies – Withholding Building/Health Department Permits
The Committee reviewed the October 10, 2012 draft of an ordinance allowing the town to withhold building permits from individuals who owe property taxes. The draft was reviewed and would simply clarify that if the property owner owes taxes, then the permit could not be issued, except if the property owner enters into a tax repayment plan or if the construction or repair described in the permit addresses a health or safety emergency.
There was a minor typo in subsection (a) [which changes certified to certifies] and with that change the draft will become the January 23, 2013 draft.
MOTION By Eric Thompson
seconded by Rich Kehoe
to send the January 23, 2013 draft of the ordinance authorizing the town to
withhold building permits on delinquent tax properties, entitled “Tax Collection
Policies” (see below) to the Town Council for purposes of setting a public
hearing date.
Motion carried 2/0.
Ordinance Authorizing the Town to Withhold Building Permits on Delinquent Tax Property
(01-23-13 )
The Code of Ordinances of the Town of East Hartford is amended by adding a new section _____ as follows:
- No building permit shall be issued by the Director of Inspections and Permits or designee until: (1) the Director or designee determines that taxes, interest and lien fees on the property for which the Building Permit would be issued are current; or (2) if taxes are delinquent, (A) the Collector of Revenue or designee has informed the Director in writing that the owner of such property has entered into a delinquent tax repayment plan approved by the Collector of Revenue; or (B) the Director of Inspections and Permits certifie[d]s in writing that the construction, repair or improvement described in such permit will address a health or safety emergency affecting the occupants of the building that is the subject of the permit.
- As used in the section, “building permit” shall include a building permit, certificate of occupancy, electrical permit, mechanical permit, and all other permits and certificates issued by the Director of Inspections and Permits or designee under the State of Connecticut Building Code.
Blight Ordinances: Fines Enforced
Attorney Gentile reviewed the October memo that he had provided to the Ordinance Committee which contained a number of changes to the Property Maintenance Code enforcement provisions to comply with a 2012 Public Act that established some new requirements for assessing fines relative to housing blight. The provisions would create a separate process for housing blight versus blight of non-residential properties. The committee agreed to review that draft, but also expressed concerns about having two separate processes, and wondered if the state law could be changed to have the new requirements in the 2012 law apply to all blight – not just housing blight. The committee will review the November draft and Attorney Gentile would explore the possibility of any state amendments to the 2012 Public Act.
The Committee agreed to take no further action pending further review and information.
NEW BUSINESS
Section 2-3 Mayor’s Salary
The committee reviewed the Mayor’s salary background that contained a review of the Mayor’s salary increases over the years, noting that the last increase was in November 2010 and a review of the inflation rate over the last few years. The committee agreed to further study this issue, reviewing and comparing Mayors’ salaries with other towns.
Non-union, Non-classified Personnel Salaries
The Committee discussed the establishment of the grid, recognizing that non-union employees are treated differently than union employees. While that may be unfair, budget constraints have often forced the Town Council to reduce or eliminate any increases for non-union personnel.
The Committee agreed to further discuss this issue in the context of the upcoming budget process.
ADJOURNMENT
MOTION By Eric Thompson
seconded by Rich Kehoe
to adjourn (7:20 p.m.)
Motion carried 2/0.
cc: Mayor Leclerc
Town Council
Rich Gentile, Assistant Corporation Counsel
Mark Sirois, Chief of Police
Beau Thurnauer, Deputy Chief of Police
Tim Bockus, Public Works Director
Ted Fravel, Parks & Recreation Director
Mike Walsh, Finance Director
Gregg Grew, Inspections & Permits Director
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