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04-16-13 Regular Town Council Minutes
EAST HARTFORD TOWN COUNCIL

TOWN COUNCIL CHAMBERS

APRIL 16, 2013

PRESENT Chair Richard F. Kehoe, Vice Chair William P. Horan, Jr., Majority Leader Barbara-Ann Rossi, Minority Leader Eric A. Thompson, Councillors Marc I. Weinberg, Linda A. Russo, Ram Aberasturia, Patricia Harmon and Esther B. Clarke


CALL TO ORDER

Chair Kehoe called the meeting to order at 7:50 p.m.  The Chair announced the exit locations in accordance with Connecticut General
Statutes §29-381, after which the Council joined him in the pledge of allegiance.

The Chair spoke to the recent bombings at the Boston Marathon and stated that the Council would keep the victims, and their families, in their thoughts and prayers.


OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS

Susan Kniep, 44-46 and 50 Olde Roberts Street, spoke to (1) the East Hartford Police Officers’ Association Arbitration award specifically (a) the amount of sick leave that can be accumulated; (b) what the cost of this award will be and the financial impact to the taxpayers; and (c) suggested that the Council have a public hearing on this issue to hear public comment from the taxpayers.  Additionally (1) on the appointments to the Zoning Board of Appeals, Mrs. Kniep questioned the relationship of Richard DeCrescenzo to a former Mayor of the town of East Hartford; and (2) asked that the Council delay action on the 2013-2014 5-year Capital Improvement Plan until after the Governor’s budget has been passed by the state legislature.

Paula Saaf, former resident of East Hartford, spoke in support of the East Hartford Hockanum River Race, which will be held on May 5th.


APPROVAL OF MINUTES

April 2, 2013 Regular Meeting  

MOTION  By Barbara Rossi
                        seconded by Eric Thompson
                        to approve the minutes of the April 2, 2013 Regular Meeting.
                        Motion carried 9/0.


COMMUNICATIONS AND PETITIONS

East Hartford Hockanum River Race

Chair Kehoe reiterated what Ms. Saaf stated previously, which is that the race will be held on Sunday May 5th – registration is at 9:30AM – beginning at Labor Field and finishing at Goodwin College.  He encouraged all who could come out to either race or volunteer.


East Hartford Hornets Youth Football/Cheerleading 2013 Season

Chair Kehoe announced that the 2013 Football and Cheerleading season has started and registration is May 4th, June 1st and June 8th at the East Hartford Cultural Community Center between 12PM and 3PM.  It is open to boys and girls ages six through fourteen.


Resignation of Cathie Condio from the Property Maintenance Code Board of Appeals

Chair Kehoe stated that Cathie Condio has resigned from the Property Maintenance Code Board of Appeals and thanked her for her service to the community.  He noted that anyone interested in serving on this – or any – Commission, should contact either the Mayor’s Office or Town Council Office for an application.


National Prescription Drug Take-Back Day

Chair Kehoe announced that Saturday, April 27th is National Prescription Drug Take-back Day at the Public Safety Complex (PSC) from 10AM to 2PM.  He encouraged those residents who have old prescription medications to dispose of them on that day, or any day, at the designated container located at the PSC.



NEW BUSINESS

East Hartford Police Officers’ Association Arbitration Award re: Successor Pension Agreement

MOTION  By Barbara Rossi
                seconded by Ram Aberasturia
                to postpone action on the East Hartford Police Officers’ Association
                Arbitration Award regarding the successor pension agreement until the
                next Town Council meeting.
                Motion carried 9/0.
        
        
Referral to the Personnel & Pensions Subcommittee: Various Job Descriptions

MOTION  By Marc Weinberg
                seconded by Ram Aberasturia
                to refer to the Personnel and Pensions Subcommittee the revised
                job descriptions entitled Economic Development Services
                Coordinator and Reference Librarian/Cultural Assets Manager and
                the new job descriptions entitled Project Administrator and Contract
                Negotiations Specialist, with instructions to discuss the proposed              
                revisions and the proposed new positions and report back to the
                Town Council with its recommendations, if any.
                Motion carried 9/0.



Municipal Tax Exempt Lease Purchase Agreements with TD Equipment Finance, Inc.:

Energy Savings Performance Contract re: Johnson Controls (Bank of America)

MOTION  By Linda Russo
                seconded by Barbara Rossi
                to adopt the following resolution:
                
WHEREAS, in May of 2007, the Town of East Hartford purchased various capital equipment under a $5 million Energy Savings Performance Contract with Johnson Controls, Inc., and

WHEREAS, the outstanding cost of the various capital equipment is approximately $3.6 million; and

WHEREAS, the Town is expected to save through direct energy savings, utility rebates, or white tag incentives approximately $7.1 million in total over the next 12 fiscal years and will use those savings to pay principal and interest on the borrowing.  

THEREFORE BE IT RESOLVED, that the Mayor of the Town of East Hartford is authorized to enter into a lease purchase agreement and related documents with TD Equipment Finance, Inc. in the principal amount not to exceed $3.6 million.  The interest rate, payment schedule and other details of the financing shall be mutually determined between the company and the Mayor, whose signatures will indicate approval of specific terms and conditions.

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

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


Board of Education: Solid Waste Collection (Chase)

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

WHEREAS, the Town of East Hartford intends to purchase one refuse truck and dumpsters as part of cooperative agreement with the East Hartford Board of Education to allow the Town to begin picking up solid waste at Board of Education facilities; and

WHEREAS, the cost of the aforementioned capital equipment designated for lease-purchase financing totals $325,000; and

WHEREAS, the Town will budget $90,000 in fiscal years 2013-2014 through 2016-2017 in a Special Revenue Fund to pay principal and interest on 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 TD Equipment Finance, Inc. in the principal amount not to exceed $325,000.  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.



Town of East Hartford: 5-yr Capital Improvement Plan FY 2012-2016 (Chase)

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

WHEREAS, the Town of East Hartford approved the purchase of a fire engine and bulky waste roll-off truck as part of the Town of East Hartford’s Approved 5-Year Capital Improvement Plan for the Years 2011-2012 through 2015-2016; and

WHEREAS, the funding source for the aforementioned capital equipment was from Fund Balance; and

WHEREAS, in an effort to further strengthen the Town’s financial position, the Fund Balance transfer for the purchase of the fire engine and bulky waste roll-off truck be cancelled and replaced with a municipal tax-exempt lease purchase financing, and   

WHEREAS, because the Town received a $417,000 bond premium based on an $11M bond sale, the Town desires to use that funding toward the stabilization of future lease debt service; and  

WHEREAS, the Town will budget $208,000 in fiscal years 2013-2014 through 2016-2017 in the General Operating Fund to pay principal and interest on the aforementioned capital 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 TD Equipment Finance, Inc. in the principal amount not to exceed $785,000.  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.


Town of East Hartford: 5-yr Capital Improvement Plan FY 2013-2017 (Chase)

MOTION  By Linda Russo
                seconded by Barbara Rossi
                to adopt the following resolution:
                
WHEREAS, the Town of East Hartford intends to purchase various capital equipment as part of the Town of East Hartford’s Approved 5-Year Capital Improvement Plan for the Years 2012-2013 through 2016-2017; and

WHEREAS, the cost of the various capital equipment and replacement furniture designated for lease-purchase financing totals $758,000; and

WHEREAS, the Town will budget $197,000 in fiscal years 2013-2014 through 2016-2017 in the General Operating Fund to pay principal and interest on 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 TD Equipment Finance, Inc. in the principal amount not to exceed $758,000.  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.


Municipal Tax Exempt Lease Purchase Agreement: Town of East Hartford’s 5-yr Capital Improvement Plan FY 2014-2018

MOTION  By Bill Horan
                seconded by Marc Weinberg
                to adopt the following resolution:

WHEREAS, the Town of East Hartford intends to purchase various capital equipment as part of the Town of East Hartford’s Approved 5-Year Capital Improvement Plan for the Years 2013-2014 through 2017-2018; and

WHEREAS, the cost of the various capital equipment and replacement furniture designated for lease-purchase financing totals $750,000; and

WHEREAS, the Town will budget $192,000 in fiscal years 2014-2015 through 2017-2018 in the General Operating Fund to pay principal and interest on 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 TD Equipment Finance, Inc. in the principal amount not to exceed $750,000.  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 8/1.  Nay: Clarke



State of Connecticut Local Capital Improvement Program (LoCIP)

MOTION  By Ram Aberasturia
                seconded by Linda Russo
to adopt the following resolution:

RESOLVED:  That Marcia A. Leclerc, 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 as may be required by the State of Connecticut Office of Policy and Management to secure Local Capital Improvement Program funds (LoCIP) in the amount of $420,000 for projects listed in the approved 2014 municipal capital improvement plan.  The projects will be:

  • Raymond Library - Masonry                               $225,000
  • Tennis Courts - Resurface                               $  75,000
  • Roof Replacements for Drennan & Lord Bathhouses $  75,000
  • Great River Park Lighting & Electrical                  $  25,000       
  • Terry Pool Lockers                                      $  20,000
On call of the vote, motion carried 9/0.


Refund of Taxes

MOTION  By Marc Weinberg
                seconded by Eric Thompson
                to refund taxes in the amount of $11,675.22
                pursuant to Section 12-129 of the Connecticut General Statutes.
                Motion carried 9/0.

Bill
Name
Prop Loc/Vehicle Info.
Over Paid
2011-01-0001786
BROWN GORDON R
454 HILLS ST
$       (1,020.48)
2011-03-0054692
BURGESS ROCIO
2008//JTDBT923981210209
$            (50.00)
2011-03-0054833
BURNS LAWRENCE J JR
2004//1G1YY22G245121034
$            (15.00)
2011-03-0055771
CARTER JANAY A
2010//2T1BU4EE5AC337568
$              (7.16)
2011-01-0006700
CLEMONS TERRILL
8-10 BIGELOW ST
$       (2,512.20)
2011-02-0040450
CORVEL CORP
333 EAST RIVER DR
$       (3,192.56)
2011-03-0061398
ERTEL SHAWN W
2006//3VWSG71K06M752829
$            (82.08)
2011-01-0006776
HINES JULIE ANN
122 GREENWOOD ST
$            (25.00)
2011-03-0067022
HOP ENERGY LLC
2005//1HTMSAAR05J039125
$          (543.86)
2011-01-0009920
JORDAN DONNA J
4 GREENHURST LN
$       (1,834.62)
2011-01-0008811
LUMAN SANTINA H
97 UNIVERSITY AVE
$            (21.00)
2011-01-0010023
MONAHAN FRANCIS K
5-7 EASTON ST
$            (54.00)
2011-03-0082176
SAILER SEAN H
2006//JH2RC44486M000887
$            (43.90)
2011-02-0041660
U S SECURITY ASSOCIATES
99 EAST RIVER DR
$              (5.92)
2011-01-0001154
ZAHAREVICH THOMAS M
212 OAK ST
$       (2,267.44)
 TOTAL
$     (11,675.22)


Appointments to the Zoning Board of Appeals

MOTION  By Ram Aberasturia
                seconded by Barbara Rossi
                to approve the following appointments to the Zoning Board of Appeals:

  • Richard DeCrescenzo, as a full member; whose term shall expire
                        December 2018, and

  • Eddie Camejo, as an alternate, whose term shall expire
        December 2013
                Motion carried 9/0.



Outdoor Amusement Permit Applications:

8th Annual Abelon Memorial Walk

MOTION  By Marc Weinberg
                seconded by Eric Thompson
                to approve the outdoor amusement permit application submitted by
                Rachel Buck, CIBA Advisor, on behalf of the East Hartford Public
                Schools to conduct a walk to raise public awareness of the cause
                and effects of pancreatic cancer on Saturday, May 18th on the
                grounds of the Connecticut International Baccalaureate Academy,
                857 Forbes Street from approximately 8AM to 2PM, with the walk
                starting at 10AM at CIBA and follows Forbes Street to Sunset
                Ridge and then retraces its steps back to CIBA, subject to
                compliance with adopted codes and regulations of the State of
                Connecticut, the Town of East Hartford, and any other stipulations
                required by the Town of East Hartford or its agencies, and to waive
                the associated permit fee under the provisions of Section 5-6(c) in
                the Town of East Hartford Code of Ordinances, as this is a
                charitable fund-raising event.
                Motion carried 9/0.


Riverfront Summer Pops

MOTION  By Linda Russo
                seconded by Barbara Rossi
to approve the outdoor amusement permit application submitted by
Jessica Leone, Public Events Manager, for Riverfront Recapture, Inc.
to conduct three Pop concerts in Great River Park, on the following dates and times in 2013:

Saturday, May 25th 7PM to 9PM (rain date: Sunday, May 26th)
Saturday, July 13th 7PM to 9PM (rain date: Sunday, July 14th)
Saturday, Aug 10th 7PM to 9PM (rain date: Sunday, Aug 11th)

Additionally, the applicant seeks authorization to sell or dispense alcoholic
beverages in connection with this event in a designated area in Great River
Park under the provisions of §14-7(b) and §14-10(13) of the Town of East Hartford
Code of Ordinances, provided a current and updated liquor permit is submitted
to the Town prior to the July 13th event, subject to compliance with adopted codes
and regulations of the State of Connecticut, the Town of East Hartford, and any
other stipulations required by the Town of East Hartford or its agencies.
Motion carried 9/0.


Gengras Harley-Davidson Spring Open House

MOTION  By Bill Horan
                seconded by Barbara Rossi
to approve the outdoor amusement permit application submitted by Hannah Gavin,
Events Coordinator for Gengras Motor Cars to conduct a Spring Open House featuring
music, a BBQ, sales and vendors at 221 Governor Street on Saturday, May 4, 2013
from 9AM to 5PM – music from 9AM to 5PM – and on Sunday, May 5, 2013 from
10AM to 3PM – music from 10AM to 3PM, subject to compliance with adopted codes
and regulations of the State of Connecticut, the Town of East Hartford, and any other
stipulations required by the Town of East Hartford or its agencies.
Motion carried 9/0.


OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION

Councillor Harmon reported that a Dainty Rubbish Truck was picking up trash in the southend of town on Wednesday, April 10th and Thursday, April 11th.  She asked if the administration would please provide an explanation.  


COUNCIL ACTION ON EXECUTIVE SESSION MATTERS

Alice LLC v Town of East Hartford – Tax Appeal

MOTION  By Barbara Rossi
                seconded by Linda Russo
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal know as Alice, LLC v. Town of East Hartford,
                Docket No. CV-12-6016264S, involving 20 Burnside Avenue for the fair
                market value of $3,550,000.00.
                Motion carried 8/0.  Abstain: Horan


Eric Garcia v Town of East Hartford, et al – Superior Court Case

MOTION  By Barbara Rossi
                seconded by Ram Aberasturia
                to accept Corporation Counsel’s recommendation to settle the
                pending civil court action known as Eric Garcia v. Town of East Hartford
                and Officer Adam Aborn, Docket No. HHD-CV-10-6014441S, for the
                total sum of $20,000.00.
                Motion carried 8/0.  Abstain: Horan


OPPORTUNITY FOR RESIDENTS TO SPEAK

Reginald Thibault, 42 Chester Street, believes that the sexually-oriented business ordinance, Chapter 8, Article 7, §8-60 through 8-79 passed by the Town Council on August 26, 2008, is not strong enough and would like to empanel a subcommittee to look at amending and/or strengthening such ordinance. Mr. Thibault stated that he has proposed revisions/changes that he will forward to the Council office.  

Bill Horan announced that opening day for the East Hartford Little League is at Gorman Park on Saturday, April 27th at 8AM.  Mayor Leclerc will throw out the first pitch.


ADJOURNMENT

MOTION  By Eric Thompson
                seconded by Bill Horan
                to adjourn (9:23 p.m.).
                Motion carried 9/0.

The Chair announced that the next meeting of the Town Council would be on May 7, 2013.


                                        Attest________________________________
                                                        Angela M. Attenello
                                                          TOWN COUNCIL CLERK