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07-16-13 Regular Town Council Minutes
EAST HARTFORD TOWN COUNCIL

TOWN COUNCIL CHAMBERS

JULY 16, 2013

PRESENT Chair Richard F. Kehoe, Vice Chair William P. Horan, Jr. (arrived 8:05 p.m.), Majority Leader Barbara-Ann Rossi, Minority Leader Eric A. Thompson, Councillors Marc I. Weinberg, Linda A. Russo, Patricia Harmon and Esther B. Clarke

ABSENT  Councillor Ram Aberasturia


CALL TO ORDER

Chair Kehoe called the meeting to order at 7:48 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 called for a moment of silence to remember the lives of Robert and La’Andrew Swain, brothers who were killed in an automobile accident on Forest Street.


Chair Kehoe explained that Councillor Aberasturia’s absence at tonight’s meeting is due to the fact that he is escorting his father to the Cuba/Belize CONCACAF soccer game at Rentschler Field – the first time in over 30 years that Councillor Aberasturia’s father has seen the Cuban soccer team play live since he and his family escaped Cuba.


Chair Kehoe said that any residents who wish to address the Council on the East Hartford Golf Course could speak at both the beginning of the meeting and after the presentation from the Mayor and the Finance Director.


RECOGNITIONS AND AWARDS

June 2013 Beautification Commission Awards

Mary Mourey, longtime Beautification Commission member, presented the award for residential landscaping to the Burnham Family, represented by Donna Burnham, 1893 Main Street and the award for commercial landscaping to Gilbert Landscaping for their work at the CVS Plaza, at the corner of Main Street and Burnside Avenue.

The Council congratulated the recipients of this award and thanked them for making East Hartford a prettier place to live.


OPPORTUNITY FOR RESIDENTS TO ADDRESS THE COUNCIL ON AGENDA ITEMS

None


APPROVAL OF MINUTES

June 18, 2013 Executive Session

MOTION  By Barbara Rossi
                        seconded by Eric Thompson
                        to approve the minutes of the June 18, 2013 Executive Session.
                        Motion carried 7/0.


June 18, 2013 Regular Meeting – corrected June 27, 2013

MOTION  By Barbara Rossi
                        seconded by Pat Harmon
                        to approve the minutes of the June 18, 2013 Regular Meeting – as
                        corrected on June 27, 2013.
                        Motion carried 7/0.


June 24, 2013 Special Meeting/East Hartford Golf Course

MOTION  By Barbara Rossi
                        seconded by Pat Harmon
                        to approve the minutes of the June 24, 2013 Special Meeting/East
                        Hartford Golf Course.
                        Motion carried 7/0.


June 26, 2013 Special Meeting/East Hartford Golf Course

MOTION  By Barbara Rossi
                        seconded by Marc Weinberg
                        to approve the minutes of the June 26, 2013 Special Meeting/East
                        Hartford Golf Course.
                        Motion carried 7/0.


COMMUNICATIONS AND PETITIONS

Town of East Hartford Code of Ordinances §10-10(b) Not Accepting the Lowest Bid re: Tilcon Connecticut CT: 2013 Road Improvement Project

Chair Kehoe stated that the town did not select the lowest bidder for the 2013 road improvement project because of performance concerns.  The bid was awarded to the second lowest bidder.


East Hartford Board of Education: State of the Schools Report

Chair Kehoe introduced Jeffrey Currey, Chair of the East Hartford Board of Education, who introduced Nathan Quesnel, Superintendent of Schools. The power point presentation provided a synopsis of what the public school system in East Hartford affords each student.  The State of the Schools Report is designed to give a brief overview of core work that the district has engaged in through the 2012-2013 school year.  It is organized into five separate components that best categorize the work of the district.  Those categories are:  (1) District Strategy – provides a framework for developing vision, mission and expectations for the East Hartford Public School system; (2) District Overview – gives an overview of the context of the work in the East Hartford Public School system, including demographic information, school infrastructure and district internal organizational framework; (3) Academic Programming – provides a brief description of core academic work and programming designed to improve and grow student achievement; (4) Operations – maintains a bulleted list of budgetary issues and infrastructure work that has been part of the current school year; and (5) Culture and Climate – provides data collected from annual surveys and updates regarding school level discipline.


Update: East Hartford Golf Course

Mayor Leclerc gave a brief history of the golf course issue.  She stated she recognized the need for repairs and renovations to the grounds at the clubhouse and the clubhouse itself when she first became Mayor.  She allocated funding in the budget for roof repair, resurfacing of the driveway, painting the exterior of the clubhouse, and other minor repairs.  Mayor Leclerc indicated that MDM – the current manager of the golf course – invested a significant amount of money to ensure that drainage was improved which resulted in better play of the greens.  Due to financial issues, MDM has not maintained the golf course to the level that it should be kept.  It was decided that an RFP would be developed and advertised, to which two individuals responded to the RFP – Billy Casper Golf and Billy Mudano/Roger Baral.  Two special Town Council meetings were held for the purposes of sharing the responses to the RFP’s and to hear public comment on the golf course issue.  At the special meetings, Councillors asked for additional information which included what the impact would be, both financially and economically, to the town if the golf course was sold and to ask the responders of the RFP if they would consider modifying their response to include a longer term lease and less financial investment from the town.  Mayor Leclerc stated that Billy Mudano/Roger Baral is not interested in revising his response to the RFP; Bill Casper Golf has not responded to the RFP revision request.  However, another inquiry surfaced recently for managing the golf course – Mike Walsh has been in contact with this company and will report on that later.

In closing, Mayor Leclerc stated that she has never said that she wanted to sell the golf course.  However, information on the financial impact to the town if a sale happens has been gathered and will be presented by Mike Walsh.  Mayor Leclerc noted that a request for the disposition of the golf course would be initiated by the Mayor’s office to the Town Council.  


Michael Walsh, Finance Director, gave the Council a brief summary of what the financial impact would be to the town if the Administration were to sell the golf course.  The golf course was purchased in 1973 for the sum of $1,292,380.32 with the following funds: State $323,095.08 (25%); Federal $646,190.16 (50%) and Town $323,095.14(25%).  Any sale of the golf course would require (1) State and Federal approvals, and either: (i) the purchase of comparable open space with the sale proceeds, or (ii) the payment of 75% of the sale proceeds to the State and Federal government.

Mr. Walsh reiterated what the Mayor had stated – both of the bidders who responded to the original RFP were not interested in revising their responses.  However, the modified RFP was emailed to the Connecticut Section of PGA Professionals – 363 members. That resulted in a response from Brown Golf Management.  While they have interest, they have not submitted any concrete proposal.

Mayor Leclerc stated that she will work closely with the Chair, Majority and Minority Leaders of the Council to review other options for the golf course, which could include a revamped RFP to garner more responses. Chair Kehoe suggested that the new RFP should have broader, but clearer, terms as to what the town is looking for regarding long term lease and little town investment.

Mayor Leclerc stated that Ted Fravel, Parks and Recreation Director, will assume the responsibility of supervising conditions at the golf course.


At this point, the Chair invited public comment:

Frank Wojtyna, 28 Michael Avenue, does not believe that MDM is doing a good job managing the golf course.  Also, Mr. Wojtyna stated that the course plays slow – taking him 3 ½ hours to play four holes – which is a reason why the course is losing players.

Jerry Ingallinera, 210 Colby Drive, believes that the right management of the golf course is critical.  Additionally, Mr. Ingallinera thinks that RFP’s should not be sent electronically, but through U.S. Mail – hard copied with the Town of East Hartford seal on it.



NEW BUSINESS

Assistance to Firefighters Grant Program

MOTION  By Marc Weinberg
                seconded by Barbara Rossi
                to adopt the following resolution:
                
WHEREAS, the Federal Fire Protection and Control Act of 1974 established a competitive financial assistance program through the Federal Emergency Management Agency (FEMA) entitled the “Assistance to Firefighters Grant Program”; and

WHEREAS, the East Hartford Fire Department has made application to this Program to support the modification and enhancement of its communication system and has received notice of a grant award; and

WHEREAS, the total of this award does not exceed $ 324,189.00.

NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of East Hartford recognizes the need for funding these items under the Assistance to Firefighters Grant Program

AND  FURTHER, BE IT RESOLVED that the Town Council does support and authorize the acceptance of this grant award from FEMA and authorizes its Mayor, Marcia A. Leclerc, to act as representative of the Town and to enter into contract and make any amendments thereto to receive funding from FEMA.

On call of the vote, motion carried 8/0.



2013 Justice Assistance Grant (JAG) Program

MOTION  By Bill Horan
                seconded by Barbara Rossi
                to adopt the following resolution:

WHEREAS, the U.S. Department of Justice, Bureau of Justice Assistance, has funding available to the Town of East Hartford under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program through the State of Connecticut JAG Grant Program; and

WHEREAS, these funds may be used to improve or enhance Law Enforcement Programs with no cash match by the Town of East Hartford; and

WHEREAS, the East Hartford Police Department desires to use these funds to purchase traffic enforcement equipment including several LIDAR Units and a Police Motorcycle to replace an existing motorcycle.

NOW THEREFORE LET IT BE 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, contracts, and amendments as may be required by the U.S. Department of Justice as they pertain to this Justice Assistance Formula Grant.
                 
On call of the vote, motion carried 8/0.



Commercial Property Assessed Clean Energy (C-PACE) Marketing Campaign Grant

MOTION  By Marc Weinberg
                seconded by Linda Russo
                to adopt the following resolution:

RESOLVED that Marcia A. Leclerc, Mayor of the Town of East Hartford is empowered to execute and deliver in the name and on behalf of this corporation, a certain Memorandum of Understanding between the Clean Energy Finance and Investment Authority and the Town of East Hartford and any amendments thereof for the fulfillment of the C-PACE Marketing Campaign grant, and is authorized to affix the Corporate Seal.

On call of the vote, motion carried 8/0.



Master Municipal Agreement for Construction Projects

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

RESOLVED, that the Honorable Marcia A. Leclerc, Mayor, is hereby authorized to sign the Agreement Entitled “Master Municipal Agreement for Construction Projects”.

FURTHER BE IT RESOLVED that the East Hartford Town Council endorses an amendment to the Master Contract to address the town employee indemnification provision in Section 16.2 of the Master Contract which is inconsistent with the provisions of Connecticut General Statute Sections 7-465 and 7-101a.

On call of the vote, motion carried 8/0.
                                                                

Flood Protection System: Toe Drain Replacement Project, Phase II – Contract Modification

MOTION  By Barbara Rossi
                seconded by Linda Russo 
                to modify the professional services contract with GEI Consultants,
                Inc. for the Toe Drain Replacement Project – Phase II in the
                amount of $46, 670.00, to cover the costs associated with the pipe
                cleaning of the toe drains, which amount will bring the contract total
                to $529,445.00.
                Motion carried 8/0.



Real Estate Acquisition & Disposition Committee: Drainage Easement 12 Governor Street

MOTION  By Linda Russo
                        seconded by Eric Thompson
                that the East Hartford Town Council, acting as a Committee of the Whole
                for the Real Estate Acquisition & Disposition Committee, approve a
                drainage easement to the town at 12 Governor Street, as attached to a
                memo from Rich Gentile, Assistant Corporation Counsel, to Mayor Marcia
                Leclerc dated July 1, 2013.
                Motion carried 8/0.


Outdoor Amusement Permit Applications:

Riverfest 2013 - Rescheduled

MOTION  By Linda Russo
                seconded by Eric Thompson
to approve the updated revised outdoor amusement permit application, Riverfest 2013,
filed on behalf of Riverfront Recapture, Inc. by Charles Myers, Director of Programs and Events,
to conduct outdoor musical entertainment with food, vendors, and a fireworks show at Great River
Park and Founders Plaza on Thursday, July 18, 2013 (rain date: Friday, July 19, 2013) – between
the hours of 7PM and 10PM; 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 8/0.


Goodwin College Summer Carnival

MOTION  By Marc Weinberg
                seconded by Barbara Rossi
                to approve the outdoor amusement permit application, entitled
                “Goodwin College Summer Carnival” submitted by Jerry Emlet,
                CFO of Goodwin College Inc., to conduct a carnival with tents,
                rides, entertainment, craft booths, etc, with food and music to be
                provided during the hours of operation on the grounds of Goodwin
                College, One Riverside Drive on Saturday, August 24, 2013 from
                10AM to 10PM and Sunday, August 25, 2013 from 10AM to 6PM,
                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 8/0.


Appointments to Various Boards/Commissions:

MOTION  By Linda Russo
                seconded by Barbara Rossi
                to approve the following appointments:

  • Building Board of Appeals
              Shelby J. Brown, 2 Sunset Ridge Drive, term to expire December 2017

  • Historic District Commission
              Mary E. Manns, 74 Lawrence Street, term to expire December 2018

  • Hockanum River Commission
              Micah J. London, 162 Arbutus Street, term to expire December 2014

  • Inland-Wetlands/Environment Commission - Alternate
              Ashley Brown, 2 Sunset Ridge Drive, term to expire December 2015

  • Patriotic Commission
              Gregory K. Simms, Jr., 245 Hollister Dr., term expires December 2013

  • Veterans Affairs Commission
              Gregory K. Simms, Jr., 245 Hollister Dr., term expires December 2015

        Motion carried 8/0.


MOTION  By Eric Thompson
                seconded by Esther Clarke
                to approve the following appointments:

  • Board of Ethics
                      Jack W. Jacobs, 505 Burnside Avenue, term to expire December 2018

  • Pension & Retiree Benefit Board
                      Robert J. Damaschi, Sr., 11 Hartz Lane, term to expire December 2013

                Motion carried 8/0.
                

OPPORTUNITY FOR COUNCILLORS TO DIRECT QUESTIONS TO THE ADMINISTRATION

Esther Clarke asked what account a recent severance payment was drawn from.  Mayor Leclerc answered that it was an administrative function handled by the Finance Department.



COUNCIL ACTION ON EXECUTIVE SESSION MATTERS

It is noted that the following motions for the various tax appeals are the result of recommendations from the presiding Superior Court judge for tax assessment appeals.


Lexham East Hartford, LLC v. Town of East Hartford, Docket No. CV-12-6016250-S

MOTION  By Barbara Rossi
                seconded by Linda Russo
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Lexham East Hartford, LLC v. Town of
                East Hartford, Docket No. CV-12-6016250-S, involving 940 Silver Lane for
                the fair market value of $15,425,000.00.
                Motion carried 7/0.  Abstain: Horan


Beby, LLC v. Town of East Hartford, Docket No. CV-12-6016266-S

MOTION  By Barbara Rossi
                seconded by Marc Weinberg
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Beby, LLC v. Town of East Hartford,
                Docket No. CV-12-6016266-S, involving 775 Silver Lane for the fair market
                value of $1,700,000.00.
                Motion carried 7/0.  Abstain: Horan


Isaac Properties, LLC v. Town of East Hartford, Docket No. CV-12-6015454-S

MOTION  By Barbara Rossi
                seconded by Linda Russo
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Isaac Properties, LLC v. Town of
                East Hartford, Docket No. CV-12-6015454-S, involving 28-34 Nelson
                Street for the fair market value of $229,390.00.
                Motion carried 7/0.  Abstain: Horan


Governor Street Partners, LLC v. Town of East Hartford, Docket No. CV-12-6015453-S

MOTION  By Barbara Rossi
                seconded by Marc Weinberg
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Governor Street Partners, LLC v. Town
                of East Hartford, Docket No. CV-12-6015453-S, involving 298 Governor
                Street for the fair market value of $350,000.00.
                Motion carried 7/0.  Abstain: Horan


Anthony Crane v. Town of East Hartford, Docket No. CV-12-6015452-S

MOTION  By Barbara Rossi
                seconded by Linda Russo
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Anthony Crane v. Town of East
                Hartford, Docket No. CV-12-6015452-S, involving 640 Forbes Street for
                the fair market value of $145,000.00.
                Motion carried 7/0.  Abstain: Horan


Zelda Enterprises, LLC v. Town of East Hartford, Docket No. CV-12-6015449-S

MOTION  By Barbara Rossi
                seconded by Marc Weinberg
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Zelda Enterprises, LLC v. Town of
                East Hartford, Docket No. CV-12-6015449-S, involving 11 Nelson Street
                for the fair market value of $138,000.00 and 17 Nelson Street for the fair
                market value of $437,000.00, for a total of $575,000.00.
                Motion carried 7/0.  Abstain: Horan


151 Roberts, LLC v. Town of East Hartford, Docket No. CV-12-6015506-S

MOTION  By Barbara Rossi
                seconded by Marc Weinberg
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as 151 Roberts, LLC v. Town of East
                Hartford, Docket No. CV-12-6015506-S, involving 151 Roberts Street for
                the fair market value of $600,000.00.
                Motion carried 7/0.  Abstain: Horan


Casper Enterprises, LLC v. Town of East Hartford, Docket No. CV-12-6015441-S

MOTION  By Barbara Rossi
                seconded by Marc Weinberg
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Casper Enterprises, LLC v. Town of
                East Hartford, Docket No. CV-12-6015441-S, involving 29-31 Nelson
                Street for the fair market value of $100,000.00.
                Motion carried 7/0.  Abstain: Horan



Jakiram, LLC v. Town of East Hartford, Docket No. CV-12-6015605-S

MOTION  By Barbara Rossi
                seconded by Linda Russo
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Jakiram, LLC v. Town of East Hartford,
                Docket No. CV-12-6015605-S, involving 160 and 182 Governor Street for
                the fair market value of $525,000.00.
                Motion carried 7/0.  Abstain: Horan


764 Silver Lane, LLC v. Town of East Hartford, Docket No. CV-12-6015606-S

MOTION  By Barbara Rossi
                seconded by Marc Weinberg
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as 764 Silver Lane, LLC v. Town of
                East Hartford, Docket No. CV-12-6015606-S, involving 764 Silver Lane for
                the fair market value of $90,000.00.
                Motion carried 7/0.  Abstain: Horan


20 Village Street, LLC v. Town of East Hartford, Docket No. CV-12-6015607-S

MOTION  By Barbara Rossi
                seconded by Linda Russo
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as 20 Village Street, LLC v. Town of
                East Hartford, Docket No. CV-12-6015607-S, involving 20 and 28 Village
                Street for the fair market value of $350,000.00.
                Motion carried 7/0.  Abstain: Horan


Zimba Enterprises, LLC v. Town of East Hartford, Docket No. CV-12-6015451-S

MOTION  By Barbara Rossi
                seconded by Marc Weinberg
                to accept Corporation Counsel’s recommendation to settle the pending
                real property tax appeal known as Zimba Enterprises, LLC v. Town of
                East Hartford, Docket No. CV-12-6015451-S, involving 23 Nelson Street
                for the fair market value of $100,000.00.
                Motion carried 7/0.  Abstain: Horan


OPPORTUNITY FOR RESIDENTS TO SPEAK

Mayor Leclerc (1) will introduce the new Library Director, the Assistant Library Director, the Library Administrative Assistant, and the new Reference Librarian/Cultural Assets Manager at the August 6th Council meeting; (2) said that on July 23rd, the town will begin to advertise for a new Chief of Police, whose contract with the town expires December 31st; and (3) said that mosquito control is ongoing and additional spraying was done on
the catch basins.


ADJOURNMENT

MOTION  By Eric Thompson
                seconded by Bill Horan
                to adjourn (10:57 p.m.).
                Motion carried 8/0.


The Chair announced that the next meeting of the Town Council would be on August 6, 2013.




                                        Attest________________________________
                                                        Angela M. Attenello
                                                          TOWN COUNCIL CLERK