AGENDA

                                                 MEETING OF THE COURT OF COMMON COUNCIL

                                                                       DECEMBER 13, 2010

 

 

 

 

 

 

MONDAY, DECEMBER 13, 2010

 

The meeting was called to order by Her Honor Council President rJo Winch, at 7:36 pm.

 

Present: Councilpersons, Veronica Airey-Wilson, Alexander Aponte, James M. Boucher, Luis E. Cotto, Larry Deutsch, Kenneth H. Kennedy, Jr., Calixto Torres and rJo Winch.

 

Absent: Councilperson Matthew D. Ritter.

 

Also present: Corporation Counsel Sandra Lee Borges

 

The Meeting was opened with a Prayer by Bishop Bradford Howard, from House of Restoration.

 

Recitation of the Pledge of Allegiance

 

Items considered on the Consent Calendar: See Paragraphs *

 

COMMUNICATIONS

 

MAYOR SEGARRA, with accompanying resolution de Re-appointment of Patricia LeShane to the Hartford Parking Authority.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached for your consideration is a resolution confirming my appointment of Patricia LeShane to the Hartford Parking Authority (HPA).  Ms. LeShane is an active, hard-working, and committed member of the HPA and is currently serving as its Chair.

 

Ms. LeShane’s resume is attached for your review.  I urge your passage of the resolution.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, Patricia LeShane is an active and committed member of the Hartford Parking Authority (HPA) and is currently serving as its Chair, and

 

Whereas, Mayor Pedro E. Segarra has reappointed Ms. LeShane to the HPA for another term, now, therefore, be it

 

Resolved, That the Court of Common Council hereby confirms the reappointment of the following individual to the Hartford Parking Authority for a term ending December 14, 2015:

 

·        Patricia LeShane (D), 1090 Prospect Avenue, Hartford, CT 06105

 

Action postponed until January 10, 2011

 

MAYOR SEGARRA, with accompanying resolution de Re-appointment and appointment of members to the Historic Properties Commission.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached for your consideration is a resolution confirming three appointments that I have made to the Historic Properties Commission, which also serves as the City’s Historic Preservation Commission.

 

I have reappointed Greg Secord and Lynn Ferrari, both of whom have been and will continue to be strong assets in the work of the Commission.  I have also appointed Rafie Podolsky as a new member of the Commission.  Mr. Podolsky was one of the co-authors of the City’s Historic Preservation Ordinance and will bring a wealth of knowledge, experience, and commitment to his service as a Commissioner.

 

The resumes of the three appointees are attached for your review.  I urge your passage of the resolution.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The Historic Properties Commission was established to preserve and protect distinctive buildings, places and environs which are associated with the history of Hartford and/or the United States, and

 

Whereas, The Commission also serves as the Historic Preservation Commission which is charged with implementing and enforcing the City’s Historic Preservation Ordinance and is responsible for protecting, preserving and effectively utilizing the city’s architectural and historical heritage and character for aesthetic and economic recovery, and

 

Whereas, The Commission is composed of five members who serve five-year staggered terms, and

 

Whereas, Mayor Pedro E. Segarra has reappointed two current members, Lynn Ferrari and Gregory Secord to the Commission and has appointed Raphael Podolsky to a vacancy on the Commission, now, therefore, be it

 

Resolved, That the Court of Common Council hereby confirms the appointments of the following individuals to the Historic Properties Commission:

 

·        Gregory C. Secord (R), 23 Columbia Street, Hartford, 06106

(Term to expire April 27, 2015)

 

·        Lynn H. Ferrari (D), 33 Charter Oak Place, Hartford, 06106

(Term to expire April 27, 2014)

 

·        Raphael L. Podolsky, 104 Beacon Street, Hartford, 06105

(Filling the unexpired term of Sara Bronin ending April 27, 2013)

 

Action postponed until January 10, 2011

 

*MAYOR SEGARRA, with accompanying resolution de Acceptance of transfer of two motor vehicles from the Glastonbury Police Department to the Hartford Police Department.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached, for your review and action, is a resolution authorizing the Mayor and the Court of Common Council to accept the transfer of two motor vehicles valued at $5,000 from the Glastonbury Police Department.

 

The vehicles were given to the Glastonbury Police Department through a military-to-law enforcement transfer program.  Glastonbury has recently procured replacement vehicles and has no further need of the former military vehicles.  The Hartford and Glastonbury Police Departments enjoy a close working relationship which has prompted Glastonbury to make this generous offer to our city.

 

The vehicles are a diesel pickup truck and an SUV, which are ideal as equipment platforms and spare trailer-towing vehicles.  They will be utilized by Emergency Services and other specialized City units.

 

I urge favorable action on the resolution.  Staff and I are available to answer any questions you may have.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The Glastonbury Police Department wishes to transfer two demilitarized vehicles, to the Hartford Police Department, which were originally obtained through a military-to-law enforcement transfer program, and

 

Whereas, The Police Chief has affirmed that this donation is both appropriate and appreciated and will be used to supplement the current fleet of vehicles used by members of the Emergency Services Unit in carrying out their official duties; and

 

Whereas, There is no cost to the City of Hartford to take possession of these vehicles; now, therefore, be it

 

Resolved, That the Court of Common Council hereby grants approval to the Mayor and the City of Hartford to accept this transfer; and be it further

 

Resolved, The City of Hartford extends its thanks and gratitude to the Glastonbury Police Department for their generosity.

 

The resolution was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

MAYOR SEGARRA, with accompanying resolution de Renaming of North Front Street to Market Street Extension. HEARING DATE - Monday, December 20, 2010

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached for your consideration is a resolution changing the name of North Front Street, which is located on the northern border of Downtown, to “Market Street Extension”.

 

This change is being recommended in order to avoid confusion among visitors to the Front Street District, located in the Adriaen’s Landing development area in downtown Hartford.

 

Your passage of this resolution is recommended.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The State of Connecticut has found that entertainment, recreation, retail, and office development in the capital city of Hartford will stimulate the needed redevelopment of the areas envisioned by Chapter 588x and Chapter 588z of the General Statutes, as amended, and

 

Whereas, On March 3, 2000, the Governor filed, with the General Assembly of the State of Connecticut, a Master Development Plan for the development of Adriaen’s Landing in downtown Hartford, and

 

Whereas, On May 2, 2000, the General Assembly enacted and the Governor signed Public Act 00-140, an Act implementing the Master Development Plan for the Adriaen’s Landing Project and the Stadium at Rentschler Field Project, and

 

Whereas, The Master Development Plan includes a provision for a mixed use housing, retail, and entertainment neighborhood within the Adriaen’s Landing site, and

 

Whereas, The State finds it desirous to designate such area as the Front Street District (the “District”) in recognition of the historic Front Street neighborhood that was razed in the early 1960s, and

 

Whereas, The main thoroughfare located within the District will be named Front Street, and

 

Whereas, There is, currently, within the city of Hartford, a street with the designation of North Front Street, which is located along the northern border of Downtown at considerable distance from the District; and

 

Whereas, The existence of such a similarly designated street may cause confusion for visitors to the District; now, therefore, be it

 

Resolved, That North Front Street shall be re-named “Market Street Extension”.

 

Referred to the Public Building Dedication Committee

Hearing Date December 20, 2010

 

*MAYOR SEGARRA, with accompanying resolution de Authorization to accept the FY 2011 Comprehensive DUI Enforcement Program Grant from State of Connecticut Department of Transportation Highway Safety Office.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

               Attached, for your consideration, is a resolution authorizing the Mayor to accept the FY 2011 Comprehensive DUI Enforcement Program Grant from the State of Connecticut Department of Transportation Highway Safety Office.

 

              The purpose of this grant is to fund overtime costs related to implementing DUI (Driving Under the Influence) Checkpoints and roving patrols during a specified period of time.  The objective of this program is to reduce the number of crashes, injuries, and fatalities, resulting from impaired driving, through increased high visibility DUI enforcement activities.  The grant specifically stipulates that the operation of this selective traffic enforcement program shall be above and beyond the normal/special patrol activities scheduled during the program parameters.

 

               The grant will be used for DUI enforcement during two time periods: Thanksgiving/Christmas/New Years time frame and Memorial Day/July 4th/August/Labor Day time period.  The total cost of the program will be $201,100.  The State will provide grant funds of $151,075 and the City must contribute a match of $50,025, which will be provided through the payment of fringe benefits for the officers involved in the program.

 

               I urge favorable action on the resolution.  Staff and I are available to answer any questions you may have.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The Connecticut Department of Transportation (CTDOT) awards grants to municipalities for enhanced DUI enforcement; and

 

Whereas, CTDOT has notified the City of Hartford of their intention to provide grant funds to the City through the Comprehensive DUI Enforcement Program Grant, and

 

Whereas, These grant funds will allow the Hartford Police Department to conduct high visibility enforcement that should reduce the volume of fatalities/injuries due to impaired driving, and

 

Whereas, The total program cost will be $201,100 and CTDOT will provide $151, 075 in grant funds, and

 

Whereas, The City is required to provide a match of $50,025, which requirement will be met through the payment of fringe benefits for the officers involved in the program, now, therefore, be it

 

Resolved, That the Mayor is hereby authorized to accept the FY 2011 Comprehensive DUI Enforcement Program Grant as described above from the State of Connecticut Department of Transportation Highway Safety Office, and be it further

 

Resolved, That the Mayor is authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to receive, contract and expend the above referenced grant funds, and be it further

 

Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the aforesaid actions, and be it further

 

Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the parties executing such documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel.

 

The resolution was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

MAYOR SEGARRA, with accompanying resolution de Approval of a six month license agreement with Residential Rehabilitation, LLC ("Residential") for the use of City-owned property located at 90 Earle Street.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached for your consideration is a resolution approving a six-month license agreement with Residential Rehabilitation, LLC (“Residential”) for the use of the City-owned property located at 90 Earle Street in Hartford.

 

The Property is vacant, with the exception of a three-bay garage situated on the northeasterly corner of the Property.  The adjacent property, known as 86 Earle Street, was purchased by Residential in 2009 and they have made use of the garage, believing that it was part of the 86 Earle Street property. Residential accesses the garage via a common driveway shared by 90 and 86 Earle Street.  The City informed Residential that the garage is located on the City-owned property and Residential has requested a license for the use of 90 Earle Street in order to continue to utilize the three-bay garage.

 

The City is seeking to enter into a six (6) month license agreement with Residential Rehabilitation, LLC commencing December 1, 2010 and terminating June 1, 2011 for the use of the property at 90 Earle Street at One Hundred and 00/100 Dollars ($100.00) per month.  The City is planning to issue a Request for Proposals (RFP) for the development of the parcel and Residential will have an opportunity to submit a proposal for the acquisition of 90 Earle Street in response to the RFP.

 

Based on the foregoing information, I recommend your approval of the attached resolution.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The City of Hartford (the “City”) is the owner of a certain property known as 90 Earle Street (the “Property”); and

 

Whereas, The Property is vacant with the exception of a three-bay garage situated on the northeasterly corner of the Property; and

 

Whereas, The adjacent property known as 86 Earle Street is owned by Residential Rehabilitation, LLC (“Residential”); and

 

Whereas, Residential currently utilizes the three-bay garage which it accesses via a common driveway shared by the Property and 86 Earle Street; and

 

Whereas, Residential has requested a license for the use of the Property in order to continue to utilize the three-bay garage; and

 

Whereas, The City is willing to enter into a six (6) month license agreement with Residential Rehabilitation, LLC for the use of the Property at One Hundred and 00/100 Dollars ($100.00) per month commencing December 1, 2010 and terminating June 1, 2011, now, therefore be it

 

Resolved, That the Mayor is hereby authorized to enter into and execute a license agreement with Residential Rehabilitation, LLC for the purposes set forth above, upon and subject to the above terms and conditions that the Mayor and the Corporation Counsel may deem appropriate and in the best interests of the City; and be it further

 

Resolved, That the Mayor is hereby further authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to effectuate the above transaction; and be it further

 

Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned license agreement, or to take any of the other aforesaid actions; and be it further

 

Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Mayor executing such license agreement and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel.

 

Referred to the Operations, Management and Budget Committee

 

MAYOR SEGARRA, with accompanying resolution de Re-appointment and appointment of members to the Commission on Food Policy.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached for your consideration is a resolution confirming seven appointments that I have made to the Commission on Food Policy.  The purpose of the Commission is to integrate all agencies in Hartford in a common effort to improve the availability of safe and nutritious food at reasonable prices for all residents, particularly those in need.

 

I have reappointed Gloria McAdam, Executive Director of Foodshare, to a seat on the Commission, and I have also appointed six individuals, with a breadth of knowledge and experience, to fill vacancies on the Commission.  Dawn Crayco is Policy Director for End Hunger Connecticut!  Jennifer Chapin works with local agencies as a member of the staff of Foodshare.  Dr. Katie Martin is a professor at the University of Connecticut specializing in food access, food security and obesity issues.  Michael McGarry, a long-time activist in Hartford, is coordinator of the Niles Street Community Garden.  Michael Reid has a degree in Social Work and is committed to assuring that Hartford residents have access to high quality and nutritious food regardless of their income.  Evelyn Richardson’s work and volunteer life is focused on the education and health of families and children in Hartford, with nutrition being an important component.

 

The resumes of all appointees are attached for your review.  I urge your passage of the resolution.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The Commission on Food Policy was established to integrate all agencies in Hartford in a common effort to improve the availability of safe and nutritious food at reasonable prices for all residents, particularly those in need, and

 

Whereas, The Commission is composed of fifteen members who serve three-year staggered terms, and

 

Whereas, Mayor Pedro E. Segarra has reappointed one current member, Gloria McAdam, and has appointed six new members to the Commission, now, therefore, be it

 

Resolved, That the Court of Common Council hereby confirms the appointments of the following individuals to the Commission on Food Policy:

 

·        Gloria J. McAdam (D), 1961 Poquonock Avenue, Windsor, 06095

(Term to expire April 13, 2013)

 

·        Dawn S. Crayco (I), 6-4 West Meadow Lane, Middletown, 06457

(Term to expire April 13, 2012)

 

·        Jennifer M. Chapin (U), 15 Lincoln Avenue, Wallingford, 06492

(Term to expire April 13, 2012)

 

·        Katie S. Martin (D), 22 Sunset Hill Road, Simsbury, 06070

(Term to expire April 13, 2012)

 

·        Michael T. McGarry (R), 176 Whitney Street, 06105

(Term to expire April 13, 2012)

 

·        Michael Reid (WF), 226 Enfield Street, Hartford, 06112

(Term to expire April 13, 2013)

 

·        Evelyn R. Richardson (D), 8 Pliny Street, Hartford, 06120

(Term to expire April 13, 2013)

 

Action postponed until January 10, 2011

 

MAYOR SEGARRA, with accompanying resolution de Request to enter into Executive Session to discuss the potential resolution of Beverly Davis v. City of Hartford.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Enclosed for your consideration is a resolution approving settlement of a claim made by Beverly Davis against the City of Hartford for injuries sustained in a fall on a snowy/icy City-owned sidewalk on Irving Street.  A settlement of $45,000 is recommended by the Corporation Counsel.

 

I concur with the settlement recommendation and urge your passage of the resolution.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Resolved, That, pursuant to Chapter VIII, Section 3 of the City Charter, the Court of Common Council hereby approves settlement of Beverly Davis v. City of Hartford for $45,000 payable to the plaintiff in one (1) lump sum payment.

 

Communication received & resolution into executive session

 

 

MAYOR SEGARRA, with accompanying resolution de Authorization to enter into an agreement with Blue Hills Civic Association to continue the operation of the North End Senior Center.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached is a resolution authorizing the City to enter into contract with Blue Hills Civic Association to continue the operation of the North End Senior Center for the period of December 1, 2010 to November 30, 2013.

 

The North End Senior Center provides a myriad of programs designed to bring health, nutritional balanced meals, recreation and social activities, referral, advocacy, fall prevention and physical activities adults age 55 and over.  A request for proposals was issued by the City’s Procurement Office and Blue Hills Civic Association was selected as the best entity to operate the North End Senior Center.

 

I recommend passage of the attached resolution.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The City of Hartford remains committed to providing critical services for its elderly residents; and

 

Whereas, For the last thirty (30) plus years, a part of the City’s approach to meeting these needs has been to provide senior recreation and nutrition services through its senior centers; and

 

Whereas, The North End Senior Center (NESC) provides a wide variety of daily activities and services to adults age 50 and over, including nutrition programs, meals, recreation and social activities, health education, referral, advocacy, fall prevention, physical activities and social services; and

 

Whereas, The NESC has a membership of approximately 800 members; and

 

Whereas, The Center has been operated and managed by an outside entity through a sub-contract agreement; and

 

Whereas, The Blue Hills Civic Association (BHCA) has been selected through a Request for Proposal process to operate the Center for a three-year period from December 1, 2010 through November 30, 2013; now therefore, be it

 

Resolved, That the Court of Common Council hereby authorizes the Mayor, through its Procurement process, to enter into contract with the BHCA to operate the NESC for the period of December 1, 2010 to November 30, 2013; and be it further

 

Resolved, That City of Hartford hereby adopts as its policy to support the Non-Discrimination Agreements and Warranties required under Connecticut General Statute § 4a-60(a)(1) and § 4a-60a(a)(1), as amended in State of Connecticut Public Act 07-245 and Sections 9(a)(1) and 10(a)(1) of Public Act 07-142, as those statutes may be amended from time to time; and be it further

 

Resolved, That the Mayor is authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to receive, contract and expend the above referenced grant funds, and be it further

 

Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the aforesaid actions, and be it further

 

Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the parties executing such documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel.

 

Referred to the Operations, Management and Budget Committee

 

*MAYOR SEGARRA, with accompanying resolution de Authorization to the sale of surplus vehicles and trucks stored at the vehicle maintenance yard operated by Department of Public Works.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached for your consideration is a resolution authorizing the sale of surplus vehicles and trucks stored at the vehicle maintenance yard operated by the City’s Department of Public Works (“DPW”) and located at 40 Jennings Road.  Council approval of this sale is required by §2-641 of the Hartford Municipal Code and revenue to City from this sale ($22,304.50) is approximately double what the City would realize if it sold these vehicles for scrap metal.

 

I recommend the attached resolution for your consideration and approval.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The City of Hartford (“City”) has several surplus vehicles and trucks stored at the vehicle maintenance yard operated by the City’s Department of Public Works (“DPW”) and located at 40 Jennings Road (the “Yard”); and

 

Whereas, DPW solicited three (3) quotes from automobile salvage dealers for these vehicles and trucks, all of which dealers came to the Yard to examine such stock before submitting their proposals; and

 

Whereas, In response to such solicitation, Stanley E. Jablonski, Jr. d/b/a Leveille’s Auto Recyclers (“Vendor”) submitted a proposal to acquire the thirty-eight (38) vehicles (including some trucks) set forth on Exhibit A attached hereto and made a part hereof (collectively, the “Vehicles”) for a price of $22,304.50, which was the highest price of the three (3) proposals submitted; and

 

Whereas, DPW has determined that the revenue that the City could realize through the sale of the Vehicles for scrap metal would be approximately $11,000.00; and

 

Whereas, Pursuant to §2-641 of the Hartford Municipal Code, the City’s Purchasing Agent (the “Purchasing Agent”) is authorized to sell the Vehicles to the Vendor, subject to approval by the City’s Court of Common Council; now therefore be it

 

Resolved, That the sale of the Vehicles by the Purchasing Agent to the Vendor is hereby approved, upon and subject to the above terms and conditions, and such other terms and conditions that the Purchasing Agent and the Corporation Counsel shall deem appropriate and in the best interests of the City; and be it further

 

Resolved, That the Purchasing Agent is hereby authorized to execute any and all manner of documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interests of the City in order to effect the aforementioned sale; and be it further

 

Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Purchasing Agent fail to execute such sale or documents, or to take any of the other aforesaid actions; and be it further

 

Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Purchasing Agent executing such sale and documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Purchasing Agent and the Corporation Counsel.

 

The resolution was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

*MAYOR SEGARRA, with two (2) accompanying resolutions de Authorization to implement a retirement incentive package to Municipal Lawyers ("MLA"), Hartford Municipal Employees Association, ("HMEA"), City of Hartford Employees Association, SEIU Local 2001, CSEA ("CHPEA") Unions.

 

Communication was received from Mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Enclosed for your consideration are two resolutions that authorize me to execute all necessary documents and agreements concerning the implementation of a retirement incentive package to the Municipal Lawyers’ Association (hereinafter, “MLA”), the Hartford Municipal Employees Association (hereinafter, “HMEA”) and the City of Hartford Employees Association, SEIU Local 2001, CSEA (hereinafter “CHPEA”) Unions and a separation incentive package to the Local 1716, Council 4, AFSCME, AFL-CIO (hereinafter “Local 1716”) Union.  By the approval of these resolutions, I will able to implement these incentive packages as soon as possible to effectuate further savings in the Fiscal Year 2010-11 budget, as well as the Fiscal Year 2011-12 budget.

 

Staff from the Human Resources Department will be available to discuss in more detail the terms and conditions of the two enclosed resolutions should the Court of Common Council wish to enter into an Executive Session during the December 13, 2010 Council meeting.

 

I recommend passage of the attached resolutions.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

Whereas, The Mayor has identified several strategies to address any potential deficit in the Fiscal Year 2010-2011 budget; and

 

Whereas, One of these strategies involves an offering of a voluntary separation incentive package to the Local 1716, Council 4, AFSCME, AFL-CIO (hereinafter “Local 1716”) Union; and

 

Whereas, Since Local 1716 is not a participant in the City of Hartford Municipal Employees’ Retirement Fund, said voluntary separation incentive package will be comprised of either up to a maximum of three years of City-paid health insurance or three annual lump sum payments in the amount of $3,000 each to be paid in September 2011, September 2012, and September 2013; and

 

Whereas, Said voluntary separation incentive package represents a modification to the Local 1716 Collective Bargaining Agreement and, as such, is subject to approval by the Court of Common Council; now therefore, be it

 

Resolved, That the Court of Common Council authorizes the Mayor, or his designee, to execute all necessary documents and agreements; and be it further

 

Resolved, That the Mayor is hereby authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interest of the City in order to effectuate the above transaction; and be it further

 

Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the other aforesaid actions; and be it further

 

Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Mayor executing such agreement and documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel.

 

Second Resolution

 

Whereas, The Mayor has identified several strategies to address any potential deficit in the Fiscal Year 2010-2011 budget; and

 

Whereas, One of these strategies involves an offering of a voluntary retirement incentive package to the Municipal Lawyers’ Association (hereinafter, “MLA”), the Hartford Municipal Employees Association (hereinafter, “HMEA”) and the City of Hartford Employees Association, SEIU Local 2001, CSEA (hereinafter “CHPEA”) Unions; and

 

Whereas, Said voluntary retirement incentive package will be comprised of either up to four years of additional credit (at the applicable pension multiplier) for purposes of calculating the bargaining unit member’s retirement allowance only or up to a maximum of three years of City-paid health insurance; and

 

Whereas, Said voluntary retirement incentive package represents a modification to the applicable MLA, HMEA and CHPEA Collective Bargaining Agreement and, as such, is subject to approval by the Court of Common Council; now therefore, be it

 

Resolved, That the Court of Common Council authorizes the Mayor to execute all necessary documents and agreements; and be it further

 

Resolved, That the Mayor is hereby authorized to execute any and all manner of other documents and to take such other actions as he and the Corporation Counsel may deem appropriate and in the best interest of the City in order to effectuate the above transaction; and be it further

 

Resolved, That no person or entity shall be entitled to rely on, or otherwise claim any benefit by reason of this resolution should the Mayor fail to execute the aforementioned agreement or other documents, or to take any of the other aforesaid actions; and be it further

 

Resolved, That all approvals and authorizations provided hereby are contingent upon, and only shall be effective on and by means of, the Mayor executing such agreement and documents, and taking such actions, all of which shall be, in form and substance, acceptable to the Mayor and the Corporation Counsel.

 

The resolutions were passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

EDUCATION COMMITTEE de Report on School Finance Strategies.

 

Report was received from the Chairperson of the Education Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Your Education Committee met on Wednesday, October 27, 2010 to consider the following item:

 

SCHOOL FINANCE STRATEGIES

 

Present were Chairperson James Boucher and Committee Members Luis Cotto and rJo Winch.  Also present were city staff, Board of Education, residents and stakeholders.

 

The City Council Education Committee met on November 30, 2010 to discuss the development of recommendations related to supporting education financing mechanisms to the Hartford Public Schools to provide an adequate, equitable and quality integrated education for all Hartford students.  The  discussion centered on fund recommendations that might address the appropriate balance of supporting quality educational programming, while assuring a fair, equitable local tax share on Hartford tax-payers, and at the same time recognizing municipal budget constraints caused by a very difficult economy and deficit-ridden federal, state and local fiscal environments. The discussion was seen as a ‘guide’ to upcoming discussions with the Mayor, Board of Education and Legislative Delegation regarding education legislative priorities.

 

The City Council Education Committee identified the need to consider school financing issues at this time given that education has been recognized as the City’s top priority by Mayor Pedro Segarra, and the recognition that quality education improvement positively impacts the city’s community and economic present and future standing – retaining more of the City’s families to stay in Hartford, and attracting new families and individuals – and eventually contributing to the City’s future workforce talent needed by Hartford’s employers. Toward this end the Council Education Committee deemed it important for the Hartford City Council to work with the Mayor, Hartford Board of Education, Hartford legislative delegation, and business leadership to carefully consider promoting recommendations and taking action on the important investments needed for sustained education improvements in support of the Hartford Public Schools educational programming.

 

Essentially the Education Committee discussed possible recommendations including the need to support updating the State Educational Cost Sharing (ECS) formula to reflect an improved ECS foundation that includes increased weights for low-income students, students with limited English proficiencies, and special education needs. Further discussion included special consideration to support a possible legislative comprehensive study on student-based funding that would provide a more coherent, uniform structure of funding as presented by evidenced-based research demonstrating a need to address adequate school financing mechanisms.

 

At the same time it was seen as equally important that state educational categorical funding such as excess cost sharing, transportation, magnet, priority schools, and adult education should be considered for a threshold of level funding, with increases if possible, with special efforts to resume the Early Reading Success Program. As such, each municipality should be reimbursed at least 50% of its costs for special education. Special attention should be given to adequate resources for Hartford Public Schools to provide students with equal and adequate educational opportunities to gain a quality integrated education; provide universal high quality preschool for all 4 year-olds (to be given access to early childhood programming and school readiness), including that all 5 year-olds have full-day kindergarten; and support an extended day and year programming for all schools and students.

 

Discussion also centered on increased state contribution to education through a better balance between property wealth and income wealth in determining what local school districts should pay from local revenue sources to fund K-12 education (ie.: through revising state income tax/sales tax/property fair tax balance; as well as state budgetary policies as fully funding the State PILOT Program).

 

Altogether, it was also recognized that other Hartford Board of Education state proposals for support of school start up funds for redesigned schools, professional development supports for teachers, school innovation and supporting the state policy to allow for teacher certification reciprocity needed consideration for support. Other discussion considered the importance of supporting standing State Supreme Court mandates for quality integrated schools, equity and adequacy measures.

 

Summary

 

In summary, The Council Education Committee recognized that the City of Hartford is at another crossroads at giving important consideration to the need for continued, ongoing and increased investments to the Hartford Public Schools to assure continued progress for a quality integrated education for all Hartford students. Faced with a stark reality of a very difficult budget, with impending tax revaluation implications, the City’s property tax burdens and overall local revenue options do not present viable options to increased local education investments – thereby relying on the State of Connecticut for any reasonable opportunity to increase educational resources and supports.  Toward this goal, the City Council Education Committee discussed a series of recommendations to support fundamental state responsibilities to afford equal , integrated and adequate education resources and supports for all Connecticut’s and Hartford’s students – and that this discussion should be used as a guide for upcoming discussions with the Hartford Board of Education and State Legislature.

 

No action was needed on this item.

 

Respectfully submitted, James M. Boucher, Chair

 

Received

 

HEALTH AND HUMAN SERVICES COMMITTEE de Report on various issues.

 

Communication was received from the Chairperson of the Health and Human Services Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

The Health and Human Services Committee held its meeting Monday December 6, 2010 @ 5:30 p.m. in the Council Chambers.

 

The following committee members were present at the meeting: Health and Human Services committee Chair, Councilman Larry Deutsch. Also present were, Assistant Director of Health and Human Services Rau[ Pine, Corporation Counsel Lori Mizerak, and Human Resource's Richard Pokorski and Constituent Hyacinth Yennie.

 

No items were referred to the committee; however other items were as followed:

 

            1. Deputy Director Raul Pine spoke briefly on the press conference for the grant on teen pregnancy prevention. A coalition has been formed and 300 thousand dollars from the state will also be received by health department for services. Ms. Yennie suggested that the grant gets used to educate the children and to do more at school based clinic well.

 

            2. With regards to Bergdorf St. Francis facilities, they have decided to close that location. Currently the City is in negotiations with other area hospitals for the ob/gyn treatment. According to Councilman Deutsch, in the past it was necessary to have a certificate of need process for existing services but St. Francis doesn't need one due to new law. Now a vacuum of direct services has been created and will be taken to the advisory committee for discussion.

 

            3. School based health clinics revenue has been channeled to other functional services limiting the work to be done in the clinics. School Based Health Clinics generate income through charges from medical services and it has been said that some incomes are being dispersed throughout the school system instead of the SBHC. Certified health educators have been cut.

 

4. Mr. Pokorski of Human Resources reports that negotiations are still on going regarding benefits as budget hearings approach and waiting for labor to come up with signed agreements. Updates on benefits and pharmacy services still in discussion with the state. There has been an RFP issued with 9 respondents.

 

5. Marshall house- need to make some changes to resolution and "no freeze" may begin any day.

 

6. The discussion about the foreclosure issue will be taken up at next committee meeting along with St. Francis and 311.

 

Respectfully submitted, Larry Deutsch, Chair

 

Received

 

REPORTS

 

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE, with accompanying substitute resolution de recommendation of a one year moratorium for additional tax-exception for City properties.

 

Communication was received from the Chairperson of the Planning and Economic Development Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Your Planning and Economic Development Committee held its regularly scheduled meeting on Tuesday, December 7, 2010, in the Council Chambers at 5:30pm to discuss the following referred item:

 

Planning and Economic Development Committee, with accompanying resolution de Recommendation of a one year moratorium for additional tax-exception for City properties.

 

The following committee members were present at the meeting: Chairman Alexander Aponte and James M. Boucher. Also present were Roger J. O’Brien, City Planner, Lawrence Labarbera, Assessor, and Mark Nelson, Tax Collector along with city staff.

 

Chairman Aponte convened the meeting at 5:30 to discuss the referred item Mr. Labarbera stated the discussion by asking for clarification as to the legal or statutory basis for the Council’s proposal.  He was advised by the Chair that Corporation Counsel would follow-up on that issue.  There after Mr. Labarbera provided tax exempt properties located in Hartford and their assessed values.  Mr. Labarbera also discussed the current policy.

 

Mr. O’Brien gave the committee an overview of the City’s property acquisition and disposition procedures.  He then opined that the proposed resolution before the committee and Council doesn’t really address the issue.  Moratoriums must be limited as to time and scope to pass legal muster.  He did indicate that a moratorium can be part of a comprehensive approach.

 

Mr. Nelson, in conjunction with the other speakers pointed out that the failure on the part of the state of Connecticut to fully pay out what it is obligated to pay under the PILOT program is a major cause of the City’s current budgetary problems.

 

Committee member James M. Boucher made a suggestion to submit a substitute resolution to full Council for their approval. No vote was taken on the referred item, which is still in committee pending further discussion, due to the absence of the maker of the resolution.

 

Respectfully Submitted, Alexander Aponte, Chairman

 

Whereas, Various city council resolutions recently and over the years have addressed efforts to stem the signification and growing amount of tax-exempt property in Hartford; and

 

Whereas, Said efforts have addressed considerations of moratoriums on expansion of tax- exempt properties, and increasing the state Payment-In-Lieu-Of-Taxes; and

 

Whereas, The City Council's Planning and Economic Development Committee met on December 7, 2010 to review the proposed City of Hartford's Moratorium by the City on granting permission for additional tax-exemption for City property; now, therefore be it

 

Resolved, That the City Council immediately establish a 6 month moratorium on permissions for additional tax-exemption properties in Hartford while a study on the economic impacts of exempt properties on the city occurs; and be it further

 

Resolved, That the focus of the moratorium be on those exempt real property classifications that do not account for eligible State Payment-In-Lieu of Tax reimbursements to the City; and be it further

 

Resolved, That the City Council support full State PILOT funding, or in the absence thereof, that there be enabling state legislation enabling Local PILOT reimbursement for exempt properties, where the State PILOT would stay in-tact and a Local PILOT option would be available at the discretion of municipalities to be establish as needed to support the PILOT 'gap' (to make up for the 'gap' between the full State PILOT and actual State PILOT payments); and be it further

 

Resolved, That the City of Hartford will reach out to other municipalities with similar state tax exempt reimbursement issues to support legislative action that supports local municipal tax exempt relief options.

 

Action postponed until January 10, 2011

 

OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE de Ordinance authorizing the Corporation Counsel, without the approval of the Mayor, to enter into monetary settlements in amounts not to exceed Twenty-Five Thousand ($25,000.00) Dollars and between Twenty-Five Thousand ($25,000.00) and Fifty Thousand ($50,000.00) with the approval of the Mayor.

 

Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

On Thursday, December 2, 2010 Your Operation Management and Budget Committee called a Special meeting to consider the following item: 

 

(Mayor Segarra) Ordinance authorizing the Corporation Counsel, without the approval of the Mayor, to enter into monetary settlements in amounts not to exceed Twenty-Five Thousand ($25,000.00) Dollars and between Twenty-Five Thousand ($25,000.00) and Fifty Thousand ($50,000.00) with the approval of the Mayor

 

Present at the meeting were your Management and Budget Chairperson Kenneth H. Kennedy, Jr., Committee members rJo Winch, Jim Boucher and Larry Deutsch.  Also present were, Councilman Luis Cotto, Deputy Corporation Counsel Carl Nasto, Chief Operating Officer Dave Panagore, Human Resources Director Malave Santiago, Management & Budget Director Rick Galarza, Dr. Alex Nardone and other City staff.

 

After a brief discussion a motion on the ordinance a motion was made and seconded to send the item to the full Council for approval. Motion passed three yeas and one abstention. There was a quorum.

 

Respectfully Submitted, Kenneth H. Kennedy, Jr. Chairman

 

Received

 

OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE de Ordinance amending Chapter 14, Article 1, of Food and Establishments.

 

Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

On Thursday, December 2, 2010 Your Operation Management and Budget Committee called a Special meeting to consider the following item: 

 

(Mayor Segarra) Ordinance amending Chapter 14, Article 1, of Code de Food and Establishments

 

Present at the meeting were your Management and Budget Chairperson Kenneth H. Kennedy, Jr., Committee members rJo Winch, Jim Boucher and Larry Deutsch.  Also present were, Councilman Luis Cotto, Deputy Corporation Counsel Carl Nasto, Chief Operating Officer Dave Panagore, Human Resources Director Malave Santiago, Management & Budget Director Rick Galarza, Dr. Alex Nardone and other City staff.

 

After a brief discussion Committee Member Winch moved a favorable recommendation on the ordinance. The motion was seconded and passed by a vote of 3-0

 

Respectfully Submitted, Kenneth H. Kennedy, Jr. Chairman

 

Received

 

OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE de Ordinance amending Chapter 2, Article VII, Division 1, Section 2-487 of use of proceeds from sale of City Parks Property.

 

Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

On Thursday, December 2, 2010 Your Operation Management and Budget Committee called a Special meeting to consider the following item: 

 

Ordinance amending Chapter 2, Article VII, Division 1, Section 2-487 of Code de use of proceeds from sale of City Park property

 

Present at the meeting were your Management and Budget Chairperson Kenneth H. Kennedy, Jr., Committee members rJo Winch, Jim Boucher and Larry Deutsch.  Also present were, Councilman Luis Cotto, Deputy Corporation Counsel Carl Nasto, Chief Operating Officer Dave Panagore, Human Resources Director Malave Santiago, Management & Budget Director Rick Galarza, Dr. Alex Nardone and other City staff.

 

After a brief discussion on the ordinance a motion was made and seconded to send the item to the full Council for approval. Motion passed 4-0.

 

Respectfully Submitted, Kenneth H. Kennedy, Jr. Chairman

 

Received

 

OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE de Ordinance amending Chapter 32, Article 1, Section 32-18 (j) of Tax Relief for the Elderly.

 

Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

On Thursday, December 2, 2010 Your Operation Management and Budget Committee called a Special meeting to consider the following item: 

 

(Mayor Segarra) Ordinance amending Chapter 32, Article 1, Section 32-18 (j) of Code de Tax Relief for the Elderly.

 

Present at the meeting were your Management and Budget Chairperson Kenneth H. Kennedy, Jr., Committee members rJo Winch, Jim Boucher and Larry Deutsch.  Also present were, Councilman Luis Cotto, Deputy Corporation Counsel Carl Nasto, Chief Operating Officer Dave Panagore, Human Resources Director Malave Santiago, Management & Budget Director Rick Galarza, Dr. Alex Nardone other City staff.

 

The Committee voted unanimously to send this item to the full Council for approval. 

 

Respectfully Submitted, Kenneth H. Kennedy, Jr. Chairman

 

Received

 

*OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE, with accompanying resolution de Authorization to amend and restate the current lease between the City of Hartford and HDR Operating Company, LLC and HDR Office Holdings SPE, LLC for Former G. Fox Building at 960 Main Street.

 

Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

On Thursday, December 2, 2010 Your Operation Management and Budget Committee called a Special meeting to consider the following item: 

 

Mayor Segarra, with accompanying resolution de Authorization to amend and restate the current lease between the City of Hartford and HDR Operating Company, LLC and HDR Office Holdings SPE, LLC for former G. Fox building at 960 Main Street.

 

Present at the meeting were your Management and Budget Chairperson Kenneth H. Kennedy, Jr., Committee members rJo Winch, Jim Boucher and Larry Deutsch.  Also present were, Councilman Luis Cotto, Deputy Corporation Counsel Carl Nasto, Chief Operating Officer Dave Panagore, Human Resources Director Malave Santiago, Management & Budget Director Rick Galarza,  Dr. Alex Nardorne other City staff.

 

This item was discussed on Monday, November 1, 2010 at a Special meeting of the Operation Management and Budget Committee. The item was tabled until staff could provide more information to the committee concerning the board long term plan going forward beyond the lease. Several locations were looked at and discussed as possible site for the Board of Education and the reason why renewing the lease was the in the best interest of the City at this time. The committee was provided with detail information on cost and future location for the Board of education. Chairman suggested that the conversation he had with City staff might be extended to the Council at some time.

 

The committee voted unanimously in favor of sending the item to the full Council with a recommendation for its approval.  There was a quorum.

 

Respectfully Submitted, Kenneth H. Kennedy, Jr. Chairman

 

The resolution introduced October 25, 2010 was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

*OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE, with accompanying resolution de Endorsement of the I-84 Viaduct Study, Options for Replacing the I-84 Viaduct in Downtown Hartford.

 

Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

On Thursday, December 2, 2010 Your Operation Management and Budget Committee called a Special meeting to consider the following item: 

 

Mayor Segarra, with accompanying resolution de endorsement of the I-84 Viaduct Study, Options for Replacing the I-84 Viaduct in Downtown Hartford

 

Present at the meeting were your Management and Budget Chairperson Kenneth H. Kennedy, Jr., Committee members rJo Winch, Jim Boucher and Larry Deutsch.  Also present were, Councilman Luis Cotto, Deputy Corporation Counsel Carl Nasto, Chief Operating Officer Dave Panagore, Human Resources Director Malave Santiago, Management & Budget Director Rick Galarza, Dr. Alex Nardone other City staff.

 

A motion was made and seconded to endorse the “1-84 Viaduct Study. Motion was unanimously adopted.

 

Respectfully Submitted, Kenneth H. Kennedy, Jr. Chair

 

The resolution introduced November 22, 2010 was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

*OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE, with accompanying resolution de Funding through the Department of Human Services as a regular item in the City's annual budget for Homeless Shelter Services for women and families.

 

Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

On Thursday, December 2, 2010 Your Operation Management and Budget Committee called a Special meeting to consider the following item: 

 

Resolution by Councilman Deutsch de funding through the Department of Health and Human Services as a regular item in the City’s Annual Budget for Homeless Shelter Services for women and families.

 

Present at the meeting were your Management and Budget Chairperson Kenneth H. Kennedy, Jr., Committee members rJo Winch, Jim Boucher and Larry Deutsch.  Also present were, Councilman Luis Cotto, Deputy Corporation Counsel Carl Nasto, Chief Operating Officer Dave Panagore, Human Resources Director Malave Santiago, Management & Budget Director Rick Galarza, Dr. Alex Nardone and other City staff.

 

The committee voted unanimously in favor of sending the resolution to the full Council with a recommendation for its approval.  Motion passed 3-0

 

Respectfully Submitted, Kenneth H. Kennedy, Jr. Chairman

 

The resolution introduced November 8, 2010 was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

*OPERATIONS, MANAGEMENT AND BUDGET COMMITTEE, with accompanying substitute resolution de Allocation of funds to Salvation Army's Marshall House for "no freeze" shelter for women and families through a second quarter transfer from the General Fund or some other source.

 

Report was received from the Chairperson of the Operations, Management and Budget Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

On Thursday, December 2, 2010 Your Operation Management and Budget Committee called a Special meeting to consider the following item: 

 

Resolution by Councilman Deutsch de funding through the Department of Health and Human Services as a regular item in the City’s Annual Budget fro Homeless Shelter Services for women and families.

 

Present at the meeting were your Management and Budget Chairperson Kenneth H. Kennedy, Jr., Committee members rJo Winch, Jim Boucher and Larry Deutsch.  Also present were, Councilman Luis Cotto, Deputy Corporation Counsel Carl Nasto, Chief Operating Officer Dave Panagore, Human Resources Director Malave Santiago, Management & Budget Director Rick Galarza, Dr. Alex Nardone and other City staff.

 

The committee voted unanimously in favor of sending the resolution to the full Council with a recommendation for its approval.  Motion passed 3-0

 

Respectfully Submitted, Kenneth H. Kennedy, Jr. Chairman

 

Whereas, Documented turn away rates for the 2007/2008 season (according to Salvation Army statistics) resulted in 84 turn aways from the Salvation Army, 106 from Mercy Housing and Shelter (CRT), 429 from Immaculate Conception, and 764 from South Park Inn, and

 

Whereas, On December 1, 2009 the Salvation Army Marshall opened its overflow shelters (usually participating motels) to accommodate some of the many homeless families in Hartford, and

 

Whereas, The Salvation Army Marshall House has space on the second floor of the Marshall Street facility for a overflow shelter for the “no freeze” period at a cost of at about $37,500, therefore be it

 

Resolved, That the Salvation Army’s Marshall House is the “no freeze” shelter for women and families in these urgent situations pending future availability of transitional or permanent housing, and be it further

 

Resolved, That the Court of Common Council commits and guarantees to find a funding for this purpose through the department Health and Human Services as it has done for the “no freeze” shelter that houses men, also be it further

 

Resolved, That this allocation be made from the City of Hartford Contingency Fund to the Department before the end of the 2010/2011 fiscal year.

 

The resolution was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE de Ordinance amending Chapter 28, Article VI, of Code de Adding Tree Ordinance of the City of Hartford.

 

Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Your Public Works, Parks and Environment Committee held a meeting on November 29, 2010 to discuss the following item:

 

(MAJORITY LEADER BOUCHER) (MINORITY LEADER COTTO) Ordinance amending Chapter 28, Article VI, of Code de Adding Tree Ordinance of the City of Hartford. HEARING DATE - Monday~ November 15, 2010.

 

Present at the meeting was Chairperson Luis Cotto, Councilman Kenneth Kennedy, Jr., Councilman Matthew Ritter, Majority Leader James Boucher, Council staff Brendan Mahoney, Maple Avenue Revitalization Group representative Hyacinth Yennie, Tree Ordinance working group members Jack Hale & Rafie Podolsky, Connecticut Department of Environmental Protection Urban Forestry representative Chris Donnelly, Ryan O'Halloran of Knox Parks, Public Works director Kevin Burnham, Assistant Corporation Counsel Catherine Freeman and residents Auden diCorcia-D'Amato & Colleen Kruger.

 

Jack Hale delivered a presentation on the ordinance's features. Councilman Ritter asked if this ordinance would create a new and permanent position with the City Forester. DPW director Kevin Burnham said that it would. Councilperson Cotto expressed concern that the City Forester may become a politicized position, but Councilmen Ritter and Kennedy explained that many positions in the City have that risk and it is the job of the administration to ensure that such circumstances do not happen. Also, Rafie Podolsky and Jack Hale pointed out that the definitional section provides a rather narrow definition of how decisions shall be made (specifically, best interest of the City and urban forest is defined in §28-154 of the proposed ordinance). Councilperson Cotto was satisfied with these explanations.

 

The committee voted 3 - 0 to recommend this item favorably to the full Council.

 

Respectfully submitted, Luis E. Cotto, Chairman

 

Received

 

*PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE, with accompanying substitute resolution de Request that the Mayor provide an assessment of what additional staff is needed in the Department of Public Works for enforcement of quality of life ordinances.

 

Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Your Public Works, Parks and Environment Committee held a meeting on November 29, 2010 to discuss the following item:

 

(MAJORITY LEADER BOUCHER) Enforcement of Quality of Life Ordinances de Request that the mayor provide an assessment of what additional staff is needed in the Department of Public Works for.

 

Present at the meeting was Chairperson Luis Cotto, Councilman Kenneth Kennedy, Jr., Councilman Matthew Ritter, Majority Leader James Boucher; Council staff Brendan Mahoney, Maple Avenue Revitalization Group representative Hyachith Yennie, Tree Ordinance working group members Jack Hale & Rafie Podolsky, Connecticut Department of Environmental Protection Urban Forestry representative Chris Donnelly, Ryan O'Halloran of Knox Parks, Public Works director Kevin Burnham, Assistant Corporation Counsel Catherine Freeman and residents Auden diCorcia-D'Amato & Colleen Kruger.

 

The resolution author, Majority Leader Boucher, explained that the purpose of this resolution was to get information from the Public Works Department about funding requirements for positions such as the DPW "Enforcement Officer"' ahead of the budget deliberations. DPW director Burnham indicated that this information could be provided as well as information about staffing losses due to early retirement program of 2008 and this mouth (a query posed by Councilperson Cotto). Committee member Kennedy offered an amendment fixing a time for the effectuation of the discussed resolution as well as a more definite plan relating to staffing issues.

 

The committee voted 3 - 0 on the substitute resolution.

 

Respectfully submitted, Luis E. Cotto, Chair

 

Whereas, The City of Hartford has many well written ordinances that address the enforcement of quality of life issues (i.e. illegal dumping, trash presentation and news racks); and associated fees and fines; and

 

Whereas, Staffing capacity in the Department of Public Works has limited enforcement of these ordinances and

 

Whereas, Enforcement would increase the level of expectations in the City Of Hartford and support the efforts of those in compliance; and therefore be it

 

Resolved, That the Court of Common Council request that the Mayor provide an assessment of what additional city staff capacity in the Department of Public Works would be needed to provide for this enforcement of quality of life ordinances by January 2011.

 

The substitute resolution was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

*PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE, with accompanying resolution de Authorization to execute a new license with the Avon High School Rowing Team for the use of Batterson Park Pond and other areas of Batterson Park for crew practice and storage of equipment and vehicles.

 

Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Your Public Works, Parks and Environment Committee held a meeting on November 29, 2010 to discuss the following item:

 

MAYOR SEGARRA, with accompanying resolution de Authorization to execute a new license with the Avon High School Rowing Team for the use of Batterson Park Pond and other areas of Batterson Park for crew practice and storage of equipment and vehicles.

 

Present at the meeting was Chairperson Luis Cotto, Councilman Kenneth Kennedy, Jr., Councilman Matthew Ritter, Majority Leader James Boucher, Council staff Brendan Mahoney, Maple Avenue Revitalization Group representative Hyacinth Yennie, Tree Ordinance working group members Jack Hale & Rafie Podolsky, Connecticut Department of Environmental Protection Urban Forestry representative Chris Donnelly, Ryan O'Halloran of Knox Parks, Public Works director Kevin Burnham, Assistant Corporation Counsel Catherine Freeman and residents Auden diCorcia-D'Amato & Colleen Kruger.

 

The committee voted 3 - 0 on the resolution with a recommendation for its approval by the full Council.

 

Respectfully submitted, Luis E. Cotto, Chair

 

The resolution introduced November 22, 2010 was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

PUBLIC WORKS, PARKS AND ENVIRONMENT COMMITTEE, with accompanying resolution de Permission to serve beer and wine for a Young Professionals Social at Keney Park Pond House.

 

Report was received from the Chairperson of the Public Works, Parks and Environment Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Your Public Works, Parks and Environment Committee held a meeting on November 29, 2010 to discuss the following item:

 

Keney Park Pond House de Permission to serve beer and wine for a Young Professionals Social at.

 

Present at the meeting was Chairperson Luis Cotto, Councilman Kenneth Kennedy, Jr., Councilman Matthew Ritter, Majority Leader James Boucher, Council staff Brendan Mahoney, Maple Avenue Revitalization Group representative Hyacinth Yennie, Tree Ordinance working group members Jack Hale & Rafie Podolsky, Connecticut Department of Environmental Protection Urban Forestry representative Chris Donnelly, Ryan O'Halloran of Knox Parks, Public Works director Kevin Burnham, Assistant Corporation Counsel Catherine Freeman and residents Auden diCorcia-D'Amato & Colleen Kruger.

 

The committee voted 3 -0 on the resolution with a recommendation for its approval by the full Council.

 

Respectfully submitted, Luis E. Cotto, Chair

 

Report received resolution withdrawn

 

QUALITY OF LIFE AND PUBLIC SAFETY COMMITTEE de Ordinance adding Article IV for the purpose of maintaining the focus of the Hartford Police Department to their core public safety mission by limiting their domestic surveillance and immigration enforcement activities.

 

Report was received from the Chairperson of the Quality of Life & Public Safety Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Your Quality of Life & Public Safety Committee held a Special committee meeting on November 23, 2010, at 5:00pm in the Council Chambers to discuss the following referred item:

 

ORDINANCE de ADDING ARTICLE IV FOR THE WITH THE PRURPOSE OF MAINTAINING THE FOCUS OF THE HARTFORD POLICE DEPARTMENT TO THEIR CORE PUBLIC SAFETY MISSION BY LIMITING THEIR DOMESTIC SURVEILLANCE AND IMMIGRATION ENFORCEMENT ACTIVITIES.  HEARING DATE- MONDAY, NOVEMBER 15, 2010, FOR ACTION DECEMBER 13, 2010.

 

In attendance were as follow: Chairman Calixto Torres, committee members Kenneth H. Kennedy, Jr. James M. Boucher, and Councilmember Luis E. Cotto. Attorney Natalie Feola-Guerrieri, Richard Frieder Hartford Public Library, LaResse Harvey Better Way Foundation and city staff.

 

After a brief discussion, motion was made by committee member Kenneth H. Kennedy, Jr. to table this item due to Corporation Counsel opinion and seconded by committee member James M. Boucher.

 

Your Quality of Life & Public Safety Committee voted 3-0 to table this item.

 

Respectfully Submitted, Calixto Torres, Chair

 

Received

 

FOR ACTION

 

Ordinance de Adding Article IV for the with the purpose of maintaining the focus of the Hartford Police Department to their core public safety mission by limiting their domestic surveillance and immigration enforcement activities.

 

Proposed ordinance amending the Municipal Code concerning adding new section with the purpose of maintaining the focus of the Hartford Police Department to their core public safety mission by limiting their domestic surveillance and immigration enforcement activities, introduced November 8, 2010, and on which a hearing was held November 15, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Reading waived

 

Tabled

 

Ordinance de Amending Chapter 2, Article VII, Division 1, Section 2-487 of Code de Use of Proceeds from sale of City Park Property.

 

Proposed ordinance amending the Municipal Code concerning the use of proceeds from sale of City Park Property introduced November 8, 2010, and on which a hearing was held November 15, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Reading waived

 

The ordinance was adopted on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

Ordinance amending Chapter 28, article VI, of Code de Adding Tree Ordinance of the City of Hartford.

 

Proposed ordinance amending the Municipal Code concerning adding Tree Ordinance of the City of Hartford, introduced November 8, 2010, and on which a hearing was held November 15, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Reading waived

 

Referred to the Public Works, Parks and Environment Committee

 

Ordinance amending Chapter 2, Article V, Division 9, Sections 2-279, and Section 2-282 of Code de Commission on Disability Issues.

 

Proposed Ordinance amending Chapter 2, Article V, Division 9, Sections 2-279, and Section 2-282 of Code de Commission on Disability Issues, introduced August 23, 2010, and on which a hearing was held September 20, 2010, and action postponed on September 27, 2010, action postponed on that date until October 12, 2010, action postponed on that date until October 25, 2010 action postponed on that date until November 8, 2010, action postponed on that date until November 22, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Reading waived

 

Action postponed until January 10, 2011

 

Ordinance amending the Municipal Code de Novelty Lighters.

 

Proposed ordinance amending the Municipal Code concerning Chapter 13, Article III, of Code de Novelty Lighters, introduced September 13, 2010, and on which a hearing was held September 20, 2010, and action postponed on October 12, 2010, action postponed on that date until October 25, 2010, action postponed on that date until November 8, 2010, action postponed on that date until November 22, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Reading waived

 

Action postponed until January 10, 2011

 

Ordinance amending Chapter 2, Article IV, Sections 2-87, and Section 2-92 of Code de Department of Public Works-Organization and Department of Human Services-Organization.

 

Proposed ordinance amending the Municipal Code concerning Chapter 2, Article IV, Sections 2-87, and Section 2-92 of Code de Department of Public Works-Organization and Department of Human Services-Organization, introduced June 14, 2010, and on which a hearing was held June 21, 2010, and action postponed on July 12, 2010 until August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, action postponed on that date until September 27, 2010, action postponed on that date until October 12, 2010 action postponed on that date until October 25, 2010, action postponed on that date until November 8, 2010, action postponed on that date until November 22, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Reading waived

 

Action postponed until January 10, 2011

 

Ordinance amending Chapter 26, article I, Section 26-1 of Code de Composition of department; duties.

 

Proposed ordinance amending Chapter 26, Article I, Section 26-1 of the Municipal Code concerning Composition of department; duties, introduced June 14, 2010, on which a hearing was held June 21, 2010, and action postponed on July 12, on that date action postponed until August 23, 2010, action postponed on that date until September 13, 2010, action postponed on that date until September 27, 2010, action postponed on that date until, October 12, 2010, action postponed on that date until October 25, 2010 action postponed on that date until November 8, 2010, action postponed on that date until November 22, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Reading waived

 

Action postponed until January 10, 2011

 

Ordinance amending Code de Adding new section concerning prohibiting political contributions from City contractors to candidates for Municipal office in the City of Hartford.

 

Proposed amending the Municipal Code concerning adding new section concerning prohibiting political contributions from City contractors to candidates for Municipal office in the City of Hartford, introduced June 28, 2010, and on which a hearing was held July 19, 2010, and action postponed on August 9, 2010, action postponed on that date until August 23, 2010, action postponed on that date until September 13, 2010, action postponed on that date until September 27, 2010, action postponed on that date until October 12, 2010, action postponed on that date until October 25, 2010 , action postponed on that date until November 8, 2010, action postponed on that date until November 22, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Reading waived

 

Action postponed until January 10, 2011

 

 

Report, with accompanying resolution de Request for information for review and approval of the recommended budget of the Board of Education.

 

Report submitted on  June 14, 2010, and action postponed on July 12, on that date action postponed until August 23, 2010, action postponed on that date until September 13, 2010, action postponed on that date until September 27, 2010, action postponed on that date until, October 12, 2010, action postponed on that date until October 25, 2010 action postponed on that date until November 8, 2010, action postponed on that date until November 22, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Action postponed until January 10, 2011

 

*Report, with accompanying resolution de Request for assistance from the Mayor's Office for proposing and amending ordinances for raising of retirement age.

 

Report from the Labor and Workforce Development Committee concerning request for assistance from the Mayor's Office for proposing and amending ordinances for raising of retirement age, introduced November 8, 2010, action postponed on that date until November 22, 2010, action postponed on that date until December 13, 2010, was again considered.

 

The resolution introduced October 12, 2010 was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

Report, with accompanying resolution de Violations Report of any State authorized entities which are willfully or unintentionally violate or facilitate the violation of the Living Wage.

 

Report submitted on September 27, 2010, action postponed on that date until October 12, 2010, action postponed on that date until October 25, 2010, action postponed on that date until November 8, 2010, action postponed on that date until November 22, 2010, action postponed on that date until December 13, 2010, was again considered.

 

Action postponed until January 10, 2011

 

*Resolution de Appointment of Hans Jung, CFA to the Internal Audit Commission.

 

Resolution – Councilman Kennedy:

 

The resolution introduced November 22, 2010 was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

PROPOSED ORDINANCES

 

(MAYOR SEGARRA) Ordinance appropriating $849,656 for the Coltsville Streetscape Project and authorizing the issuance of $849,656 Bonds of the City to meet said appropriation and pending the issuance thereof the making of temporary borrowings for such purpose. HEARING DATE - Monday, December 20, 2010

 

Communication was received from mayor Segarra, with accompanying resolution, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                    December 13, 2010

 

Dear Council President Winch:

 

Attached is an appropriation and bond authorization ordinance for eight hundred forty-nine thousand six hundred fifty-six dollars ($849,656.00) to finance the design work related to streetscape improvements for the Coltsville Corridor project.  These improvements include, but are not limited to, sidewalks, resurfacing, drainage, curbing, landscaping, parking areas, courtyard areas, illumination, signage and retaining walls.

 

By resolution dated September 27, 2010, the Court of Common Council authorized the Mayor to accept these federal funds from the Project Specific Funding Program [State Project No. 63-626, Federal-Aid Project No. H056(001)] and to execute a contractual agreement on behalf of the City with the Connecticut Department of Transportation (CTDOT) for the development of contract plans, specifications, and estimates for the Coltsville Corridor project.

 

The attached ordinance will appropriate the grant funds in the Capital Improvement Fund and authorize the issuance of bonds, if necessary, to cover expenditures pending reimbursement by the State.  All City disbursements under this appropriation will be 100% reimbursed by CTDOT.  Your favorable consideration of this ordinance is requested.

 

Respectfully submitted, Pedro E. Segarra, Mayor

 

AN ORDINANCE APPROPRIATING $13,900,000 FOR THE COLTSVILLE STREETSCAPE PROJECT AND AUTHORIZING THE ISSUANCE OF $13,900,000 BONDS OF THE CITY TO MEET SAID APPROPRIATION AND PENDING THE ISSUANCE THEREOF THE MAKING OF TEMPORARY BORROWINGS FOR SUCH PURPOSE

 

COURT OF COMMON COUNCIL

CITY OF HARTFORD

December 13, 2010

 

BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF HARTFORD:

 

            Section 1.   The sum of $13,900,000 is appropriated for the planning, acquisition and construction of the Coltsville Streetscape project and for administrative, printing, legal and financing costs related thereto, said appropriation to be inclusive of any and all State and Federal grants-in-aid thereof.

 

            Section 2.        The estimated useful life of the project is not less than twenty years.  The total estimated cost of the project is $13,900,000.  The cost of the project is expected to be defrayed by grants in the estimated amount of 75%..

 

            Section 3.        To meet said appropriation, $13,900,000 bonds of the City, or so much thereof as shall be necessary for such purpose shall be issued, maturing not later than the maximum maturity permitted by the General Statutes of the State of Connecticut, as amended from time to time (the “Connecticut General Statutes”).  Said bonds may be issued in one or more series in the amount necessary to meet the City's share of the cost of the project determined after considering the estimated amount of State and Federal  grants-in-aid therefor, or the actual amounts thereof, if this be ascertainable and the anticipated times of the receipt of the proceeds thereof, provided that the total amount of bonds to be issued shall not be less than an amount which will provide funds sufficient with other funds available for such purpose to pay the principal of and the interest on all temporary borrowings in anticipation of the receipt of the proceeds of said bonds outstanding at the time of the issuance thereof, and to pay for the administrative, printing and legal costs of issuing the bonds.  The bonds shall be in the denomination of $1,000 or a whole multiple thereof, be issued in bearer form or in fully registered form, be executed in the name and on behalf of the City by the facsimile or manual signatures of the Mayor and the City Treasurer, bear the City seal or a facsimile thereof, be certified by a bank or trust company, which bank or trust company may be designated the registrar and transfer agent, be payable at a bank or trust company, and be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, Hartford, Connecticut. The bonds shall be general obligations of the City and each of the bonds shall recite that every requirement of law relating to its issue has been duly complied with, that such bond is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and interest thereon.  The aggregate principal amount of the bonds of each series to be issued, the annual installments of principal, redemption provisions, if any, the certifying, registrar and transfer agent and paying agent, the date, time of issue and sale and other terms, details and particulars of such bonds, including approval of the rate or rates of interest payable thereon, shall be determined by the Mayor and the City Treasurer in accordance with the Connecticut General Statutes.

 

            Section 4 .   The bonds, or any series thereof, may be issued and sold as variable rate bonds, or as fixed rate bonds, as determined by the Mayor and City Treasurer.  If sold as fixed rate bonds, the bonds may be sold by the Mayor and City Treasurer in a competitive offering or by negotiation, in their discretion.  If sold in a competitive offering, the bonds shall be sold at not less than par and accrued interest on the basis of the lowest net or true interest cost to the City.  A notice of sale or a summary thereof describing the bonds and setting forth the terms and conditions of the sale shall be published at least seven days in advance of the sale in a recognized publication carrying municipal bond notices and devoted primarily to financial news and the subject of state and municipal bonds.  If the bonds are sold by negotiation, the terms and conditions of the purchase agreement shall be approved by the Mayor and the City Treasurer.  If the bonds are issued as variable rate bonds (“Variable Rate Bonds”), the structure, terms and conditions of said Variable Rate Bonds shall be approved by a bond sale committee comprised of the Mayor, the Treasurer, Director of Finance, Chair of the Finance Committee of the Council (or any successor Council Committee vested with the power and duties of the Finance Committee) and one Council person appointed by the Chair of the Finance Committee (the “BSC”).

 

            Section 5.   The BSC, in connection with the issuance of Variable Rate Bonds, is authorized to approve the terms and conditions of, including necessary covenants, limitations and restrictions on the City necessary to obtain, standby bond purchase agreements, letters of credit, lines of credit, financial guaranty insurance policies, guarantees of the City or third parties, surety agreements, or any similar agreements (“Credit Facilities”) with one or more financial institutions providing Credit Facilities (“Credit Facility Providers”) to provide for additional security for and the purchase upon tender of Variable Rate Bonds, if any, under circumstances set forth in the Indentures (defined herein).  The Mayor and City Treasurer, in the name of the City, are hereby authorized to execute and deliver the Credit Facilities, and the approval of the City shall conclusively be evidenced by their signatures thereon.

 

            Section 6.   The BSC, in connection with the issuance of Variable Rate Bonds, is authorized to approve the terms and conditions of indentures of trust or other instruments of trust (“Indentures”) with commercial banks or national banking associations with trust powers or trust companies to be appointed by the Mayor and City Treasurer (“Trustees”), which provide for, among other things, the interest rate modes for the Variable Rate Bonds, the procedures for conducting auctions of Variable Rate Bonds in an auction rate mode, the denominations of the Variable Rate Bonds, the tender rights of holders of the Variable Rate Bonds, if any, the rights of redemption and redemption prices for the Variable Rate Bonds, the payment of certain fees, the imposition of certain covenants, limitations and restrictions on the City necessary to issue the Variable Rate Bonds, and the execution of various other instruments.  The Mayor and City Treasurer, in the name of the City, are hereby authorized to execute and deliver the Indentures, and the approval of the City shall conclusively be evidenced by their signatures thereon.

 

            Section 7.   Interest rates on Variable Rate Bonds shall be determined by such remarketing agents, investment banking firms or other financial institutions as the BSC shall appoint (the “Reoffering Agents”).  The BSC, in connection with the issuance of Variable Rate Bonds, is authorized to approve the terms and conditions of, including necessary covenants, limitations and restrictions on the City necessary to enter into, remarketing agreements, broker-dealer agreements, auction agency agreements and other agreements with the Reoffering Agents (the “Reoffering Agreements”), which shall provide for, among other things, the terms and conditions for reoffering the Variable Rate Bonds, the Reoffering Agents’ compensation and the disclosure of the City’s financial condition.  The Mayor and City Treasurer, in the name of the City, are hereby authorized to execute and deliver the Reoffering Agreements, and the approval of the City shall conclusively be evidenced by their signatures thereon.

 

            Section 8.   The BSC, in connection with the issuance of the Variable Rate Bonds, is authorized to approve the terms and conditions of, including necessary covenants, limitations and restrictions on the City necessary to obtain, an interest rate swap agreement in the form of the International Swaps and Derivatives Association, Inc. (ISDA) Master Agreement, together with applicable annexes, schedules and confirmations thereto, contracts to manage interest rate risk, including interest rate caps, options, puts, call or similar arrangements, or such other agreements permitted by the Connecticut General Statutes (“Swap Agreements”), with one or more counterparties to be selected by the Mayor and the City Treasurer, as Swap Provider (the “Swap Providers”), which provides for, among other things, the effective date or dates of the Swap Agreements, the rate of interest to be paid by the City to the Swap Providers on the principal amount of the Variable Rate Bonds (which may be a fixed rate or a variable rate based on an index determined by the Mayor and the City Treasurer), the rate of interest to be received by the City from the Swap Providers (which may be a fixed rate or a variable rate based on an index determined by the Mayor and the City Treasurer), the payment of certain fees, the imposition of certain covenants, limitations and restrictions on the City, and the execution of various other instruments.  The BSC may, in the best interests of the City, pledge the full faith and credit of the City to any and all payments to be made by the City with respect to the Swap Agreements, including, any termination or netting payments to be made by the City.  The Mayor and City Treasurer, in the name of the City, are hereby authorized to execute and deliver the Swap Agreements, and the approval of the City shall conclusively be evidenced by their signatures thereon. 

           

            Section 9.   The Mayor and City Treasurer, in the name of the City, are hereby authorized to, and if any such action shall heretofore have been taken, such action is hereby ratified and confirmed, (a) publish such notices, hold such hearings, make such representations and agreements, and take such other actions as shall be necessary to enable Bond Counsel to render its opinions as to the validity of the Variable Rate Bonds and the exclusion of the interest on the Variable Rate Bonds from gross income for federal income tax purposes, (b) make, execute and deliver all such additional and supplemental documents, including, but not limited to any tax compliance agreements, tax certificates, tax forms, investment agreements or assignments, (c) appoint Credit Facility Providers, Trustees, Reoffering Agents, Swap Providers and any other consultants or professionals required and (d) do and perform such acts and take such actions as may be necessary or required for the consummation of the transactions provided for and contemplated by this ordinance.

 

            Section 10. The Mayor and the City Treasurer are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of said bonds.  The notes shall be issued and sold in the manner as shall be determined by the Mayor and City Treasurer.  Notes evidencing such borrowings shall be signed by the Mayor and the City Treasurer, have the seal of the City affixed, be payable at a bank or trust company designated by the Mayor and the City Treasurer, be approved as to their legality by Robinson & Cole LLP, Attorneys-at-Law, of Hartford, and be certified by a bank or trust company designated by the Mayor and the City Treasurer pursuant to Section 7-373 of the Connecticut General Statutes.  They shall be issued with maturity dates which comply with the provisions of the Connecticut General Statutes governing the issuance of such notes, as the same may be amended from time to time.  The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been duly complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon.  The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing and marketing them, to the extent paid from the proceeds of such renewals or said bonds, may be included as a cost of the project.  Upon the sale of the bonds, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any such notes then outstanding or shall be deposited with a bank or trust company in trust for such purpose.

 

Section 11.  The Mayor and the City Treasurer are authorized to make temporary borrowings in anticipation of the receipt of the proceeds of State and Federal grants-in-aid of the project.  The notes shall be issued and sold in the manner as shall be determined by the Mayor and City Treasurer.  Notes evidencing such borrowings shall be executed in the name of the City by the manual or facsimile signatures of the Mayor and City Treasurer, have the City seal affixed, be certified by a bank or trust company designated by the Mayor and City Treasurer pursuant to Section 7-373 of the Connecticut General Statutes, and be approved as to their legality by Robinson & Cole LLP as bond counsel.  The notes and any renewals thereof shall mature and be payable not later than the end of the fiscal year during which the proceeds of State and Federal grants-in-aid in anticipation of which the Notes have been issued are received.  The notes shall be general obligations of the City and each of the notes shall recite that every requirement of law relating to its issue has been complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the City are pledged to the payment of the principal thereof and the interest thereon.  The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing, and marketing them, to the extent paid from the proceeds of the notes, shall be included as a cost of the project.  Upon receipt of the State and Federal grants-in aid, the proceeds thereof, to the extent required, shall be applied forthwith to the payment of the principal of and the interest on any of the notes then outstanding or shall be deposited with a bank or trust company in trust for such purpose.

 

            Section 12. The Mayor is hereby authorized to spend a sum not to exceed the aforesaid appropriation for the purposes set forth herein, and the Mayor is specifically authorized to make, execute and deliver any contract or contracts, and any other documents necessary or convenient to complete the project authorized herein and the financing thereof.

 

            Section 13. The issuance of bonds and notes authorized hereunder is within any debt limitation prescribed by law.

 

            Section 14. The City hereby expresses its official intent pursuant to §1.150-2 of the Federal Income Tax Regulations, Title 26 (the "Regulations"), to reimburse expenditures paid sixty days prior to and anytime after the date of passage of this ordinance in the maximum amount of this ordinance for the Project with the proceeds of bonds, notes, or other obligations ("Bonds") authorized to be issued by the City.  The Bonds shall be issued to reimburse such expenditures not later than 18 months after the later of the date of the expenditure or the substantial completion of the Project, or such later date the Regulations may authorize.  The City hereby certifies that the intention to reimburse as expressed herein is based upon its reasonable expectations as of this date.  The Director of Finance or his designee is authorized to pay project expenses in accordance herewith pending the issuance of reimbursement bonds.

            Section 15. The Director of Finance is hereby authorized, on behalf of the City, to enter into agreements or otherwise covenant for the benefit of bondholders to provide information on an annual or other periodic basis to the Municipal Securities Rulemaking Board (the “MSRB”) and to provide notices to the MSRB of material events as enumerated in Securities and Exchange Commission Exchange Act Rule 15c2-12, as amended, as may be necessary, appropriate or desirable to effect the sale of the bonds and notes authorized by this resolution.  Any agreements or representations to provide information to the MSRB made prior hereto are hereby confirmed, ratified and approved.

            Section 16. The Mayor is authorized in the name and on behalf of the City to apply for any and all State and Federal grants-in-aid of the project.

 

Reading waived

 

Hearing Date December 20, 2010

 

Referred to the Operations, Management and Budget Committee,

 

(MAYOR SEGARRA) (COUNCILMAN KENNEDY)  Ordinance amending Chapter 2A, Article I, Section 2A-5(10) f of Code de Definitions. (NBU-P/F employees). HEARING DATE - Monday, December 20, 2010

 

AN ORDINANCE AMENDING CHAPTER 2A, ARTICLE I, SECTION 2A-5(10)f. OF THE HARTFORD MUNICIPAL CODE

 

 

                                                                                                COURT OF COMMON COUNCIL,

                                                                                                CITY OF HARTFORD

December 13, 2010

 

            Be It Ordained by the Court of Common Council of the City of Hartford:

 

            That Chapter 2A, Article I, Section 2A-5(10)f. of the Hartford Municipal Code is hereby amended as follows:

 

 

f.   "NBU-P/F employees" shall refer to those employee members of the fund who are sworn police officers not represented for collective bargaining purposes by the Hartford Police Union and those employee members of the fund who are firefighters who are not represented for collective bargaining purposes by Local 760, International Association of Firefighters. 

 

1.   "Pre-1997 NBU-P/F employees" shall refer to those NBU-P/F employees who were employed as sworn police officers or firefighters before December 31, 1996. 

 

2.   "Post-1997 NBU-P/F["] employees shall refer to those NBU-P/F employees who were employed as sworn police officers or firefighters [until] on or after December 31, 1996 but before January 1, 2011

 

3.      “2011 NBU-P/F employees” shall refer to those NBU-P/F employees whose initial date of hire with the city is on or after January 1, 2011.

 

This ordinance shall take effect as of January 1, 2011.

 

Reading waived

 

Hearing Date December 20, 2010

 

Referred to the Labor and Workforce Development Committee and to the Operations, Management and Budget Committee,

 

(MAYOR SEGARRA) (COUNCILMAN KENNEDY)  Ordinance amending Chapter 2A, Article I, Section 2A-5(10) a of Code de Definitions. (NBU-GG employees). HEARING DATE - Monday, December 20, 2010

 

AN ORDINANCE AMENDING CHAPTER 2A, ARTICLE I, SECTION 2A-5(10)a. OF THE HARTFORD MUNICIPAL CODE

                                                                                    COURT OF COMMON COUNCIL,

                                                                                                CITY OF HARTFORD

December 13, 2010

 

            Be It Ordained by the Court of Common Council of the City of Hartford:

 

            That Chapter 2A, Article I, Section 2A-5(10)a. of the Hartford Municipal Code is hereby amended as follows:

 

a.       "NBU-GG employees" shall refer to those nonbargaining unit general government employees of the city who are not: (a) sworn police officers or firefighters, (b) board employees, or (c) library employees, who are members of the fund. 

 

 

1.      “Pre-2011 NBU-GG employees” shall refer to those NBU-GG employees whose initial date of hire with the city is before January 1, 2011.

 

2.      “Post-2011 NBU-GG employees” shall refer to those NBU-GG employees whose initial date of hire with the city is on or after January 1, 2011.

 

This ordinance shall take effect as of January 1, 2011.

 

Reading waived

 

Hearing Date December 20, 2010

 

Referred to the Labor and Workforce Development Committee and to the Operations, Management and Budget Committee,

 

(MAYOR SEGARRA) (COUNCILMAN KENNEDY)  Ordinance amending Chapter 2A, Article I, Section 2A-8(3) a of Code de Credited service. (Sick exchange credit).HEARING DATE - Monday, December 20, 2010

 

 

AN ORDINANCE AMENDING CHAPTER 2A, ARTICLE I, SECTION 2A-8(3)a OF THE HARTFORD MUNICIPAL CODE

                                                                                   

 

COURT OF COMMON COUNCIL,

                                                                                    CITY OF HARTFORD

December 13, 2010

 

            Be It Ordained by the Court of Common Council of the City of Hartford:

 

            That Chapter 2A, Article I, Section 2A-8(3)a. of the Hartford Municipal Code is hereby amended as follows:

 

(3)   Sick exchange credit.  Section 2A-8(a)(3) employees shall, to the extent required hereunder, have their year(s) of creditable service include credit for sick leave exchange (hereinafter "  sick exchange credit  "). 

 

a.   "Section 2A-8(a)(3) employees " shall mean: Pre-1997 CHPEA employees; CWA employees; pre-2003 HMEA employees; pre-1999 HPU sworn employees, if, and then only to the extent, such employees elect to make such exchange; Local 760 employees; MLA employees; Pre-2011 NBU-GG employees; those Pre-1997 NBU-P/F employees who elect, pursuant to section 2A-30(c) to receive those benefits provided to Pre-2011 NBU-GG employees; those Pre-1997 NBU-P/F employees who have not elected to receive those benefits provided to NBU-GG employees if, and then only to the extent, such employees are otherwise entitled to, and do so, elect, to make such exchange; and SCGA employees. 

 

This ordinance shall take effect as of January 1, 2011.

 

Reading waived

 

Hearing Date December 20, 2010

 

Referred to the Labor and Workforce Development Committee and to the Operations, Management and Budget Committee,

 

(MAYOR SEGARRA) (COUNCILMAN KENNEDY)  Ordinance de Amending Chapter 2A, Article II, Section 2A-30 of Code de NBU-P/F provisions. HEARING DATE - Monday, December 20, 2010

 

AN ORDINANCE AMENDING CHAPTER 2A, ARTICLE II, SECTION 2A-30 OF THE HARTFORD MUNICIPAL CODE

                                                                                                COURT OF COMMON COUNCIL,

                                                                                                CITY OF HARTFORD

December 13, 2010

 

            Be It Ordained by the Court of Common Council of the City of Hartford:

 

            That Chapter 2A, Article II, Section 2A-30 of the Hartford Municipal Code is hereby amended as follows:

 

 

Sec. 2A-30.  NBU-P/F provisions.

 

(a)   The pension rights and benefits of NBU-P/F employees enumerated in Chapter 2A, Article I shall include those rights and benefits enumerated below in this section.

 

(b)   For purposes of this section only, the [term]phrase "nonbargaining pension benefits" shall mean those pension rights and benefits provided to NBU-GG employees under this chapter that, subject to the terms of this section, are afforded to NBU-P/F employees [under this chapter].

 

(c)   Rights and benefits of [p]Pre-1997 NBU-P/F employees.  Any provision of this Municipal Code to the contrary notwithstanding, [p]Pre-1997 NBU-P/F employees may elect to receive the nonbargaining pension benefits provided to Pre-2011 NBU-GG employees under this chapter by notifying the city treasurer of their desire to do so on or before March 31, 1997, or within thirty (30) days of the commencement of his or her employment as a nonbargaining unit sworn police officer or firefighter, whichever is later. 

 

Effective December 31, 1996, any [p]Pre-1997 NBU-P/F employee who may, but does not, elect to receive nonbargaining pension benefits pursuant to this subsection (c), shall continue to be a member of the fund, with such rights, benefits and obligations under or in connection with the fund (including, but not limited to, the right to continue to accrue and, to the extent he or she is or thereafter becomes eligible, to receive benefits with and from the fund), as applicable to said member as a sworn police officer or firefighter and a member of either the Hartford Police Union (hereinafter the "HPU") or Local 760, International Association of Firefighters (hereinafter "Local 760") immediately prior to his or her appointment to the position within the nonbargaining unit, pursuant to the terms and conditions of the applicable collective bargaining agreement in effect immediately prior to said appointment. Nothing herein shall entitle such member to participate in or receive any additional or different pension or retirement benefits that may become effective, may be negotiated with, or awarded to any members of the HPU or Local 760 on, after, or effective as of, any date after the date any said member is appointed to the nonbargaining unit, nor entitle such member to any other benefits which are not the subject of this chapter; it being the intent of this subsection (c) that any NBU-P/F employee who may, but does not, elect to receive nonbargaining pension benefits pursuant to section 2A-30(c) above shall (in lieu of any other pension or retirement benefits to which any member may or could become entitled under this chapter or the Municipal Code) be provided with such pension and retirement benefits (on and subject to the eligibility criteria and other terms and conditions affecting the provisions of pension and retirement benefits to members of the fund) pursuant to the terms and conditions of the collective bargaining agreement in effect immediately prior to said appointment as applicable to such member under the terms of this chapter as of the date immediately prior to his or her appointment to a position within the nonbargaining unit, as if such benefits (and the terms and conditions governing them) remained unchanged thereafter.

 

Effective February 7, 2003, any Pre-1997 NBU-P/F employee who may, but does not, elect to receive nonbargaining pension benefits pursuant to this subsection (c) shall at the time of notification of his or her intent to retire to management elect one of the following options with respect to the payment and use of accrued vacation, holiday, earned leave and compensatory time (sick time and sick exchange are excluded):

 

Option 1: An employee will be deemed to have retired on his or her last day of work as determined by the Department. The accrued time will not be used to extend service beyond the last day of actual work nor will the associated payment for such accrued time be included in the determination of the final average pay period or final average pay. Pension benefits will begin as soon as practicable following receipt of the Application for Pension in the Pension Unit. The member will receive his or her pension, retroactive to the day following the last day worked.

 

Option 2: All of the accrued time will be used to extend the member's pension service from the day following the last day worked, as determined by the Department, through the date when the accrued time would have been exhausted had it been paid in the normal manner (last day paid). Partial use of the accrued time in this manner is not allowed. The additional service and the payment associated with the accrued time will be used in the determination of final average pay period and the final average pay. Pension benefits will begin as soon as practicable following the last day paid as long as the Pension Unit has received the completed Application for Pension. The member will receive his or her pension, retroactive to the day following the last day paid.

 

Once an option is elected, the election is irrevocable. Under both options, unless otherwise elected, payment for the accrued time will be made in a lump sum as soon as practicable following the last day of work.

 

(d)   Rights and benefits of [p]Post-1997 NBU-P/F employees.  [Any provision of this chapter or the Municipal Code to the contrary notwithstanding,] [a]All [p]Post-1997 NBU-P/F employees shall be entitled to receive, and only shall be paid, the nonbargaining pension benefits [as] provided to Pre-2011 NBU-GG employees in this chapter.

 

(e)  Rights and benefits of 2011 NBU-P/F employees.  All 2011 NBU-P/F employees shall be entitled to receive, and only shall be paid, the nonbargaining pension benefits provided to Post-2011 NBU-GG employees in this chapter.

 

(f[e])   Nonbargaining pension benefits provided in lieu of any other pension or retirement benefits.  Any NBU-P/F employee who elects to or otherwise is entitled or required to receive nonbargaining pension benefits shall be provided with such benefits in lieu of any other pension or retirement benefits to which they otherwise would be entitled under this chapter, the Municipal Code or any collective bargaining agreement and only in accordance with the provisions of this section and otherwise with the eligibility criteria and other terms and conditions affecting the provision of benefits to NBU-GG employees as are set forth in this chapter.

(g[f])   Nonbargaining pension benefits for NBU-P/F employees may include alternate final average pay and military service credit.  Any NBU-P/F employee who elects to or is otherwise entitled to receive nonbargaining pension benefits also shall have the option (a) to have his or her final average pay computed on the basis of the highest two (2) of the last five (5) years of his or her gross earnings ("Option A"), as well as (b) to receive credit in the calculation of his or her retirement allowance pursuant to subsection 2A-8(a)(2) for periods during which he or she served in the armed forces of the United States but for which he or she previously has not made contributions to the fund ("Option B"), so long as, in either case, he or she notifies the city treasurer of his or her desire to exercise such option (and, in the case of Option B above, also makes the contributions required under subsection 2A-8(a)(2)) on or before March 31, 1997, or within thirty (30) days of the commencement of his or her employment as a nonbargaining unit sworn police officer or firefighter, whichever is later. Any employee who exercises Option A above, shall thereafter contribute to the fund one percent (1%) of his or her earnings above the four percent (4%) of the employee's earnings on which Social Security taxes are (or would otherwise be) paid and the seven percent (7%) on the balance of the employee's earnings, to be deducted at each pay period in accordance with subsection 2A-25(c). Effective the pay period beginning July 5, 2009 (pay date July 24, 2009) any employee who exercises Option A above, shall thereafter contribute to the fund one percent (1%) of his or her earnings above the five percent (5%) of the employee's earnings on which Social Security taxes are (or would otherwise be) paid and the eight percent (8%) on the balance of the employee's earnings, to be deducted at each pay period in accordance with subsection 2A-25(c). 

 

(h[g])   Contributions.  Any contributions to the fund which have been made by any NBU-P/F employee prior to the time when he or she elects to or otherwise becomes entitled to receive nonbargaining pension benefits shall remain in the fund and be applied toward the nonbargaining pension benefits to be provided to such employee hereunder. Thereafter, and subject to the provisions of subsection (g[f]) above, any NBU-P/F employee who elects to or otherwise is entitled to receive nonbargaining pension benefits shall make such contributions to the fund in the same manner and on the same terms as are required of, and shall be entitled to earn interest on any contributions which have been or thereafter are made to the Fund in the same manner and on the same terms as apply to, NBU-GG employees pursuant to section 2A-25(c), providing, however, that no such employee shall be entitled to receive any additional or different interest on any contributions which were made prior to his or her making the aforesaid election at any time prior thereto other than such interest, if any, which was then required to be provided in respect thereof. Nothing herein shall be deemed to preclude a member or his or her beneficiaries, if any, from withdrawing or otherwise being paid any such member's contributions as provided in section 2A-25(c)(3) upon termination of his or her employment or otherwise.

 

This ordinance shall take effect as of January 1, 2011.

 

Referred to the Labor and Workforce Development Committee and to the Operations, Management and Budget Committee, Hearing Date December 20, 2010

 

(MAYOR SEGARRA)  Ordinance de Amending Chapter 2A, Article II, Section 2A-25 of Code de NBU-GG provisions. HEARING DATE - Monday, December 20, 2010

 

AN ORDINANCE AMENDING CHAPTER 2A, ARTICLE II, SECTION 2A-25 OF THE HARTFORD MUNICIPAL CODE

 

                                                                                    COURT OF COMMON COUNCIL,

                                                                                                CITY OF HARTFORD

December 13, 2010

 

            Be It Ordained by the Court of Common Council of the City of Hartford:

 

            That Chapter 2A, Article II, Section 2A-25 of the Hartford Municipal Code is hereby amended as follows:

 

Sec. 2A-25.  NBU-GG provisions.

 

(a)   The pension rights and benefits of NBU-GG employees enumerated in Chapter 2A, Article I shall include those rights and benefits enumerated below in this section.

 

(b)   Definitions.  As used in this section, the following terms shall have the meanings ascribed thereto below. 

 

(1)   "Final average pay" for all NBU-GG employees shall equal the average gross earnings for the highest five (5) of the last ten (10) years' gross earnings, unless the employee had previously elected to have his or her average pay computed on the basis of the employee's highest two (2) of the last five (5) years of his or her gross earnings as provided in this subsection (b)(1) below. 

 

Alternate final average pay election.  Commencing July 1, 1988, any NBU-GG employee may elect to have his or her final average pay equal the average gross earnings for the highest two (2) of the last five (5) years of his or her gross earnings. Any NBU-GG employee who elects to have his or her final average pay computed on the basis of the employee's highest two (2) of the last five (5) years of his or her gross earnings shall make such election by filing a notice thereof with the city treasurer on or before November 1, 1988, or within thirty (30) days of his or her commencement of employment as a NBU-GG employee, whichever is later. 

 

(2)   Year(s) of creditable service. 

 

a.  For purposes of calculating the amount of any retirement allowance that is based upon the provision of a specified percentage of final average pay for each year of creditable service, a Pre-2011 NBU-GG employee's year(s) of creditable service may include: 

 

1[a].   Creditable actual service;

 

2[b].   Transferred service, to the extent the employee is otherwise entitled to have such service credited pursuant to the provisions of section 2A-8(a)(1);

 

3[c].   Sick exchange credit, to the extent the employee is otherwise required to make such exchange pursuant to the provisions of section 2A-8(a)(3);

 

4[d].   Prior military service, to the extent the employee is otherwise entitled to have such service credited pursuant to the provisions of section 2A-8(a)(2) and provided that the employee has submitted written notice to the pension commission of his or her election to do so by January 1, 1985, or within one (1) year of the member's employment, whichever is later; and

 

5[e].   Qualified non-city service, to the extent the employee is otherwise entitled to have such service credited pursuant to the provisions of section 2A-8(a)(4) and provided that the employee has submitted written notice to the pension commission of his or her election to do so by December 31, 1999, or within one (1) year of his or her employment, whichever is later.

 

6[f].   Qualified Hartford Economic Development Commission service, to the extent the employee is otherwise entitled to have such service credited pursuant to the provisions of Section 2A-8(a)(5) and provided that the employee has submitted written notice to the Pension Commission of his or her election to do so by April 30, 2007, or within one (1) year of his employment, whichever is later.

 

b.  For purposes of calculating the amount of any retirement allowance that is based upon the provision of a specified percentage of final average pay for each year of creditable service, a Post-2011 NBU-GG employee's year(s) of creditable service may include: 

 

1.   Creditable actual service;

 

2.   Transferred service, to the extent the employee is otherwise entitled to have such service credited pursuant to the provisions of section 2A-8(a)(1);

 

3.   Prior military service, to the extent the employee is otherwise entitled to have such service credited pursuant to the provisions of section 2A-8(a)(2) and provided that the employee has submitted written notice to the pension commission of his or her election to do so by January 1, 1985, or within one (1) year of the member's employment, whichever is later; and

 

4.   Qualified non-city service, to the extent the employee is otherwise entitled to have such service credited pursuant to the provisions of section 2A-8(a)(4) and provided that the employee has submitted written notice to the pension commission of his or her election to do so by December 31, 1999, or within one (1) year of his or her employment, whichever is later.

 

5.   Qualified Hartford Economic Development Commission service, to the extent the employee is otherwise entitled to have such service credited pursuant to the provisions of Section 2A-8(a)(5) and provided that the employee has submitted written notice to the Pension Commission of his or her election to do so by April 30, 2007, or within one (1) year of his employment, whichever is later.

 

(c)   Employee contributions.  NBU-GG employees shall contribute to the fund a total of four percent (4%) of the employee's earnings on which Social Security taxes are paid and seven percent (7%) on the balance of the employee's earnings. Effective the pay period beginning July 5, 2009 (pay date July 24, 2009), NBU-GG employees shall contribute to the fund a total of five percent (5%) of the employee's earnings on which Social Security taxes are paid and eight percent (8%) on the balance of the employee's earnings.  NBU-GG employees whose final average pay is based upon the highest two (2) of the last five (5) years' gross earnings shall contribute to the fund five percent (5%) of the employee's earnings on which Social Security taxes are paid and eight percent (8%) on the balance of the employee's earnings. Effective the pay period beginning July 5, 2009 (pay date July 24, 2009), NBU-GG employees shall contribute to the fund a total of six percent (6%) of the employee's earnings on which Social Security taxes are paid and nine percent (9%) on the balance of the employee's earnings.

 

(1)   Section 414(h)(2) plan participants.  NBU-GG employee contributions to the fund are picked up by the city pursuant to section 2A-6(b)(1), and each NBU-GG employee's earnings for each pay period are reduced by an amount equal to his or her contributions so picked up by the city pursuant to that section. 

 

(2)   Interest on contributions.  Effective July 1, 1980, the city will credit to a NBU-GG employee's contributions to the fund three percent (3%) interest on such contributions in the fund on June 30, 1979. Commencing July 1, 1981, and each July 1st thereafter, pension contributions and any interest credited as of the previous year's June 30th will be credited with three percent (3%) interest. 

 

(3)   Refund of contributions.  NBU-GG employees may have their contributions refunded in accordance with subsection 2A-6(b)(4). 

 

(d)   Vesting.  A NBU-GG employee's rights to and/or interests in any normal or early retirement allowance shall vest upon completion of five (5) years' continuous service, regardless of age. The survivor benefits herein provided with respect to any normal or early retirement shall attach to the vesting privilege, but shall be payable only at such time as the member becomes eligible, or, in the case of a deceased member, would have become eligible, for an allowance under the member's normal or early retirement provisions. 

 

Any NBU-GG employee's rights to and/or interests in receiving any normal or early retirement allowance, and any surviving spouse's rights to and/or interests in receiving a survivor's allowance, from the fund shall be subject to and remain contingent upon the member's, and, as applicable, his or her qualified surviving spouse's, leaving the member's contributions in the fund and otherwise satisfying all of the eligibility requirements for any normal, early or survivor's allowance. Likewise, any normal or early retirement allowance or survivor's allowance that is or may become payable to any such member and/or his or her qualified surviving spouse, if any, shall be paid under and in accordance with the member's normal or early retirement, or survivor's, allowance provisions, as applicable.

 

(e)   Normal retirement.  There shall be a normal retirement allowance for eligible NBU-GG employees. 

 

(1)      Normal retirement eligibility. 

 

a.  Pre-2011 NBU-GG employees shall be eligible for a normal retirement allowance upon completing twenty (20) years of actual service, or upon attaining age sixty (60) and completing at least five (5) years of continuous service. 

 

Alternate normal retirement eligibility.  A Pre-2011 NBU-GG employee may elect to retire without reduction of benefits after fifteen (15) years of continuous service provided such employee elects to leave his or her contributions in the fund until the date on which he or she would have first become eligible for a normal retirement allowance, at which time he or she shall receive a retirement allowance calculated on the same basis described below for a normal retirement allowance. 

 

b. Post-2011 NBU-GG employees shall be eligible for a normal retirement allowance upon attaining age fifty-five (55) and completing twenty (20) years of actual service, or upon attaining age sixty-two (62) and completing at least five (5) years of continuous service.

 

(2)   Normal retirement allowance. 

 

a.     The normal retirement allowance for Pre-2011 NBU-GG employees shall amount to two and one-half (2.5) percent of final average pay for each whole year of creditable service to a maximum of eighty (80) percent of final average pay. 

 

b.  The normal retirement allowance for Post-2011 NBU-GG employees shall amount to one and three-quarters (1.75) percent of final average pay for each whole year of creditable service to a maximum of eighty (80) percent of final average pay

 

 

 

 

(f)   Early retirement.  There shall be an early retirement allowance for eligible NBU-GG employees. 

 

(1)   Early retirement eligibility.  NBU-GG employees shall be eligible for an early retirement allowance upon attaining age fifty-five (55) and completing at least five (5) years of continuous service. 

 

(2)      Early retirement allowance. 

 

a.  The early retirement allowance for Pre-2011 NBU-GG employees shall be based on the normal retirement allowance formula but reduced by four (4) percent for each whole year the employee retires short of age sixty (60). 

 

b.  The early retirement allowance for Post-2011 NBU-GG employees shall be based on the normal retirement allowance formula but reduced by four (4) percent for each whole year the employee retires short of age sixty-two (62). 

 

(g)   Disability retirement.  NBU-GG employees shall be entitled to those disability retirement allowances provided in section 2A-11 to the extent eligible thereunder. 

 

(h)   Survivorship.  NBU-GG employees shall be entitled to those survivorship allowances provided in section 2A-12 to the extent eligible thereunder. 

 

(i)   Voluntary Retirement Incentive Program (VRIP) for NBU-GG employees whose last day of Work is December 31, 2010.

 

                    (1)  For purposes of this subsection an “eligible NBU-GG employee” refers to a vested Non-Bargaining Unit General Government  (NBU-GG) employee, a vested Non-Bargaining Unit Police or Fire (NBU-P/F) employee, who in accordance with the provisions of Sec. 2A-30 has elected to receive non-bargaining pension benefits, and a vested non-bargaining unclassified general government employee who is a member of the fund.

 

(2)  An eligible NBU-GG employee, who is eligible for a normal, alternate normal, or early retirement, on or before December 31, 2010, may elect one of the following retirement incentive options:

                  OPTION 1:

Up to a maximum of three (3) years of City-paid health insurance under one of the City’s retiree health insurance plan options.  The duration of such City-paid health insurance eligibility shall be dependent upon the employee’s age.  Such City-paid health insurance shall be provided only at the employee’s current level of coverage (Individual, 2-Person, Family) as of July 1, 2010.  Any spouse or dependent not currently covered under the employee’s active health insurance plan cannot be added in the future, with the exception of the birth or adoption of a child who may be added to the retired employee’s plan, provided, the retired employee pays 100% of the difference between the new level of coverage (if applicable) and the level of coverage at the time of retirement.  Such City-paid health insurance shall begin immediately upon the effective date of the employee’s retirement and run continuously until the expiration of the eligibility period.  Upon the employee or his or her spouse turning age (65) sixty-five while receiving City-paid health insurance, such City-paid health insurance shall cease for the employee or his or her spouse effective in the month in which he or she turns age (65) sixty-five. 

 

      An employee who elects to retire under this VRIP, elects this Option 1, and is subsequently employed full-time by the City of Hartford or the Board of Education while receiving the City-paid health insurance, will             immediately forfeit any right to receive or resume at any point such City-paid health insurance, or any portion thereof, that was provided under the VRIP.

 

      OPTION 2:

 

The addition of up to (4) four years of additional pension service credit.  Such service credit will be deemed actual service for purposes of determining the employee’s eligibility for a normal retirement, for purposes of determining whether the employee is eligible to commence receiving a retirement allowance and for determining or calculating the employee’s final average pay period, final average pay, and retirement allowance.

 

(3)  An eligible NBU-GG employee who is eligible for an alternate normal retirement by December 31, 2010, and elects to retire under the VRIP, shall be credited with up to (4) four years of additional service credit.  Such service credit will be deemed actual service for purposes of determining the employee’s eligibility for a normal retirement and for purposes of determining whether the employee is eligible to commence receiving a retirement allowance. (Examples: (A) An employee who has 15 years of continuous service will be credited with (4) four years of additional service credit, will be deemed to have 19 years of actual service and will be eligible to commence receiving a retirement allowance after the passage of 1 year; and (B) An employee who has 16 years of continuous service  will  be credited with (4) four years of additional service credit, will be deemed to have 20 years of actual service and will be eligible for a Normal Retirement as set forth in Sec. 2A-25 (e) of the Code.

     

(4)  An eligible NBU-GG employee, who on or before December 31, 2010 has at least 11 years of continuous service, but less than 15 years of continuous service, may elect to retire under this VRIP and be credited with up to (4) four years of “incentive service credit” for the sole purpose of establishing eligibility for an alternate normal retirement.  The crediting of such “incentive service credit” shall not increase the employee’s years of creditable service for purposes of calculating the employee’s retirement allowance and shall not be included or utilized in any manner to determine or calculate the employee’s final average pay period, final average pay, or retirement allowance.  (Examples: (A) An employee with 11 years of continuous service will be credited with (4) four years of “incentive service credit” and the employee will be deemed to have 15 years of continuous service solely for purposes of establishing eligibility for an alternate normal retirement, the employees’ retirement benefits will be calculated based on 11 years of service and any sick exchange credit, the employee will be eligible for sick exchange in accordance with Sec. 2A-8(a)(3), and may commence receiving a retirement allowance after the passage of (5) five years; and (B) An employee with 13 years of continuous service will be credited with (2) two years of “incentive service credit”, the employee will be deemed to have 15 years of continuous service solely for purposes of establishing eligibility for an alternate normal retirement, the employees’ retirement benefits will be calculated based on 11 years of service and any sick exchange credit, the employee will be eligible for sick exchange in accordance with Sec. 2A-8(a)(3), and may commence receiving a retirement allowance after the passage of (5) five years.

 

(5) Additional terms and conditions applicable to eligible NBU-GG employees electing to retire under this VRIP:

 

              a.  An employee will receive any accrued vacation time, and any sick time remaining after any mandatory sick leave exchange in   accordance with Sec. 2A-8(a)(3) of the Code, to which the employee   may be entitled, as a lump sum payment. Employee pension contributions shall not be deducted from any such lump sum payment.  Any vacation time lump sum payment shall not be used to increase the employee’s years of creditable service and any vacation and/or sick time lump sum payment shall not be included or utilized in any manner in determining or calculating the employee’s final average pay period, final average pay, and retirement allowance.

 

              b. The employee’s effective date of retirement shall be the day immediately following the employee’s last day of work.

 

              c.  An employee who is eligible for an early retirement, and who elects to retire under this VRIP, shall be subject to any early retirement allowance reduction pursuant to Sec. 2A-25(f)(2) of the Code.

 

              d. This VRIP shall not apply to any employee whose last day worked was prior to September 24, 2010 and/or is currently on vacation run-out.

 

              e.   An employee will be eligible for the benefits described in (3) above only if the employee’s fifteen (15) years of service are continuous, as         required by Sec. 2A-5 of the Code.  If an employee purchased one or   more years of pension service credit for time served in the United States Uniformed Services pursuant to Sec. 2A-7 of the Code, that service credit may not be used to establish the employee’s eligibility to retire under this VRIP.  However, said service credit may be used      for purposes of determining the employee’s retirement allowance if otherwise eligible to retire.

 

              f.    The maximum allowable retirement allowance payable to an employee is set forth in Sec. 2A-25 (e) of the Code.

 

              g.   An employee’s retirement allowance shall be calculated based upon the same percentage of final average pay for each whole year of the employee’s credited service that otherwise would pertain to such       employee,

 

              h.  Any retirement allowance payable to any employee shall be subject to and paid in accordance with the provisions of Sec. 2A-15, “Section 415(m) Fund”.

 

              i.    An eligible NBU-GG employee who is eligible for a normal, alternate           normal, or early retirement, or by operation of (2), (3) or (4) above can become eligible for a normal or alternate normal retirement, who desires to retire under this VRIP, must elect to retire during the “window period” as set forth below. 

 

              j.    The “window period” for said election will commence on the Friday after the Court of Common Council adopts the ordinance establishing the VRIP and will end no later than the close of business (30) thirty days thereafter (in the event the thirtieth day falls on a non-business day, the window period shall end on the next business day).

 

              k.   The employee last day worked with the City must be Friday, December 31, 2010 (the last day worked may not occur prior to such date).  Notwithstanding the foregoing, in those situations where the retirement of such an employee would cause undue hardship to City operations, the Mayor may elect, except as in hardship cases as further defined below, to defer the employee’s last day of work and subsequent retirement, thereby requiring the employee to work beyond December 31, 2010 in order to remain eligible for the benefits provided under the VRIP, provided such employee’s last day of work must occur on or before June 30, 2011.  A deferment must be requested in writing by the employee’s Department Head or Chief Operating Officer (as applicable) no later than (5) five calendar days after the employee submits the VRIP election form referenced below.  A copy of the request shall be provided to the employee.  All deferment decisions will be made by the Mayor, in his sole discretion, and will be determined on a case by case basis, including any modification of the same in the event the mayor has determined that the employee has encountered unforeseeable circumstances between the date the employee submits the VRIP election form and the date determined by the Mayor to be the employee’s last day of work.  The Mayor shall advise the Department Head or Chief Operating Officer within (7) seven calendar days, after receipt of the deferment request, whether the deferment request was granted, and if granted the date designated as the employee’s last day of work.  The Department Head or Chief Operating Officer shall notify the employee within (3) three calendar days of receiving the Mayor’s deferment decision.

 

              l.    The employee must submit his or her election in writing on the          prescribed 2010 NBU-GG and Eligible NBU P/F Employees Voluntary Retirement Incentive Election Form to the Human Resources Department, with a copy to the Department Head or Chief Operating Officer (if the employee is the Department Head), by the close of business on the date set forth in j. above.  The election form will include a commitment to an effective date of retirement of January 1, 2011, which commitment shall be irrevocable, provided, however; the Mayor may elect to defer such date as set forth in k. above.

 

              m.  The employee must file an application for retirement with the Pension Commission with a last day worked of Friday, December 31, 2010.

 

This ordinance shall take effect as of January 1, 2011.

 

Reading waived

 

Hearing Date December 20, 2010

 

Referred to the Labor and Workforce Development Committee and to the Operations, Management and Budget Committee,

 

(MINORITY LEADER COTTO)  Ordinance amending Chapter 25 by adding Section 25-19 of Code de Restrictions on the sale of drug distribution equipment. HEARING DATE - Monday, December 20, 2010

 

Proposed ordinance amending the Municipal Code concerning restrictions on the sale of drug distribution equipment, introduced December 13, 2010, and on which a hearing was held December 2010.

 

An ordinance amending Chapter 25 of the Hartford Municipal Code, Restrictions on the sale of drug distribution equipment.

                                                                                                COURT OF COMMON COUNCIL,

                                                                                                            CITY OF HARTFORD

December 13, 2010

 

            Be It Ordained by the Court of Common Council of the City of Hartford that Chapter 25 of the Code of Ordinances if amended as follows:

 

 

Sec.  25-19a. Restrictions on the sale of drug distribution equipment.  

 

The purpose of this section is to restrict the sale of articles that aid and abet the distribution and sale of illegal drugs in the City of Hartford.

 

Sec. 25-19b. Definition

 

For purposes of this section “drug distribution equipment” means:

 

i.                     Kits used, intended for use, or designed for use in the manufacturing, compounding, converting, producing, processing, or preparing of illegal drugs.

ii.                   Scales and balances used, intended for use, or designed for use in weighing or measuring illegal drugs.

iii.                  Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting unlawful drugs.

iv.                 Capsules, balloons, envelopes, bags and other containers used, intended for use, or designed for use in packaging small quantities of illegal drugs.

 

Sec. 25-19c. Prohibition.

 

The retail sale, offer of retail sale, gift or distribution of any drug distribution equipment within the territorial jurisdiction of the City of Hartford is prohibited. A fine of ninety-nine dollars ($99.00) per piece of drug distribution equipment per day shall be assessed on an individual or the principal of any establishment engaged in the retail sale, offer of retail sale, gift or distribution of any drug distribution equipment.

 

Sec. 25-19d. Enforcement.

 

            It shall be the duty of the Hartford Policy Department to enforce this section.

 

Sec. 25-19e. Appeal.

 

            Persons may appeal fines associated with this section in writing to the Court of Common Council within thirty (30) days of their assessment. The Council, by resolution, may grant appeals or partial appeals with the affirmative vote of a majority of Council members.

 

Sec. 25-19e. Severability.

 

If any provision of these sections is held to be invalid by a court of competent jurisdiction, then such provision shall be considered separate and apart from the remaining provisions, which shall remain in full force and effect.

 

Sec. 25-19f. Enactment.

 

This ordinance shall take effect ninety (90) days from its passage.

 

 

Reading waived

 

Hearing Date December 20, 2010

 

Referred to the Quality of Life and Public Safety Committee

 

(MINORITY LEADER COTTO)  Ordinance amending Chapter 2, Article VIII, Division 11, of Code de Other Affirmative Action Provisions. HEARING DATE - Monday, December 20, 2010

 

Proposed ordinance amending the Municipal Code concerning “Other Affirmative Actions Provisions” introduced December 13, 2010, and on which a hearing was held December 20, 2010.

 

An Ordinance Amending Chapter 2, Article VIII, Division 11, “Other Affirmative Action Provisions”.

                                                                                                COURT OF COMMON COUNCIL,

                                                                                                            CITY OF HARTFORD

December 13, 2010

 

 

            Be It Ordained by the Court of Common Council of the City of Hartford that the Municipal Code is amended as follows:

DIVISION 11.  OTHER AFFIRMATIVE ACTION PROVISIONS

Affirmative Action Provisions Applicable to Professional Services   


Sec. 2-690.  Mutual commitment of the City and entities providing professional services, with which it does business.

(A)   Purpose.  It is the policy of the City, established pursuant to constitutional and statutory authority, not to aid or abet present discrimination or the continuing effects of past discrimination on the basis of race, color, religion, creed, age, physical or mental handicap, national origin, ancestry or sex through the expenditure of City funds. It is the further policy of the City that the eradication of discrimination cannot be achieved through pledges of nondiscrimination alone, but requires a mutual commitment between the City and entities providing Professional Services with which it does business, to achieve direct and meaningful affirmative action. 

(B)   Applicability.  The provisions of this Division shall govern all Agreements for the provision of professional services in excess of two thousand five hundred dollars ($2,500.00), not subject to the competitive solicitation process as set forth in this Division, by Organizations that employ ten (10) or more individuals on an ongoing basis or will be employing ten (10) or more individuals to perform their scope of work for the City, which Agreements are financed, in whole or in part, with City funds, unless prohibited by State or Federal law. 

(C)   Refusal to provide information or pledges.  If any entity refuses to provide the information or pledges required by this Division, the City, its boards, commissions, departments, agents, officials, officers and Employees shall be precluded from conducting any City business with such entity. 

(D)   Certificates of merit.  The Director of the Office of Human Relations may provide for issuance of a certificate of merit to professional Organizations or entities which are or may become engaged in providing Professional Services to the City, if said Director is satisfied that the personnel and employment practices of the entity conform to the purposes and provisions of this Division. Any certificate of merit so awarded may at any time be suspended or revoked if the holder thereof, in the judgment of the Director has failed to comply with the provisions of this Division. 

(E)   Review of Agreement by Corporation Counsel required.  No Agreement between the City and any entity providing Professional Services to the City shall take effect unless and until reviewed by the Corporation Counsel in accordance with the provisions of the Charter. 

(Ord. No. 07-09, 3-9-09)


Sec. 2-691.  Definitions.

The following words, terms and phrases, when used in this Division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(A)   Hartford Labor Market Area  includes such towns as designated by the Department of Labor of the State of Connecticut

(B)   Individual with a physical or mental handicap  means any person who has a physical or mental impairment which substantially limits one (1) or more of such person's major life activities, has a record of such impairment or is regarded as having such an impairment. 

(C)   Major life activities  includes, but is not limited to, communication, ambulation ability, self care, socialization, education, vocational training, employment, transportation and adapting to housing. 

(D)   Professional services  as defined in subsection 2-537(Y), above. 

(E)   Utilization analysis  means an analysis, by job category, of the current representation of minorities and females in the work force of the entity providing Professional Services compared with the availability of minorities and females in the applicable labor market. (F) Gender identity means a person’s actual or perceived gender, including a person’s self-image, appearance, expression, or behavior, whether or not that self-image, appearance expression, or behavior is difference from that traditionally associated with the person’s biological sex as assigned at birth as being either female or male.

 

(Ord. No. 07-09, 3-9-09)

Sec. 2-692.  Agreements with entities providing professional services.

(A)   City entities to use only equal opportunity employers; verification.  Insofar as possible, all City departments, boards, commissions and agencies shall ensure that all individuals and entities with whom the City enters an Agreements for Professional Services are equal opportunity employers. Each Agreement for Professional Services shall include a pledge of nondiscrimination on the basis of race, color, religion, creed, age, national origin, physical or mental handicap, ancestry [or] sex or gender identity, except in the case of a bona fide occupational qualification or need, the breach of which shall constitute a breach of the Agreement. Prior to the award of any Agreement, the individual or entity whose Professional Services are to be engaged shall submit to the Director of the Office of Human Relations an affirmative action prequalification statement on forms prepared by said Director. Such forms shall request only the data and information necessary to determine the present staffing pattern of the entity by race, ethnicity and sex. Such entity shall also make the following information available for inspection by the City upon its request: 

(1)   Utilization analysis;

(2)   Composition of Minority Group Person job applicants;

(3)   Hiring data.

(B)   Determination of minority percentages.  The entity providing Professional Services shall submit an estimate of the approximate percentage of the applicable class of professionals which consists of minorities and women in the Hartford Labor Market Area, or the labor market from which the majority of such professionals are recruited. If such entity does not make such estimation or provides an estimation which, after review, is determined to be inaccurate, the Director of the Office of Human Relations shall make a final determination as to such percentages. If on the basis of the information obtained by said Director it is determined that such entity has a percentage of Minority professional members or Employees which is less than the Minority percentage of such class of professionals in the applicable labor market area, the entity shall pledge to make every Good Faith Effort to eliminate the disparity within one (1) year through the employment of qualified Minorities in at least fifty (50) percent of all new job or position openings or a percentage of all new job or position openings mutually agreeable from time to time between said Director and the professional consultant. If on the basis of the information obtained by said Director, it is determined that the nonprofessional Employees of an entity providing Professional Services with its headquarters or principal place of business within the Hartford Labor Market Area consist of less than fifteen (15) percent Minorities or less than a representative number of females for the occupation involved, such entity shall pledge to make every Good Faith Effort to achieve these percentages within one (1) year through the employment of qualified Minorities in at least fifty (50) percent of all new job or position openings or a percentage of all new job or position openings mutually agreeable from time to time between said Director and the professional consultants. In regard to the nonprofessional Employees of entities providing Professional Services which do substantial recruiting of such Employees from a labor market other than the Hartford Labor Market Area, there shall be a rebuttable presumption that such labor market consists of not less than fifteen (15) percent Minorities. The entity providing Professional Services shall submit any information to rebut such percentage to said Director with the right to appeal the City's final determination in accordance with the appeal provisions specified in Section 2-693. The establishment of percentage goals for nonprofessional women shall be identical to the procedure set forth for professional women. 

(C)   Exception to interim hiring goal.  Notwithstanding the pledge in subsection (B) to recruit Minorities in at least fifty (50) percent of all new job or position openings, no entity providing Professional Services to the City shall be required to employ or promote unqualified individuals under the provisions of this Division. Moreover, if, after making a Good Faith Effort, an entity providing Professional Services is unable to comply with such interim fifty (50) percent hiring goal, the entity shall contact said Director and shall specify the minimum requirements for the position openings or new hiring's at the earliest possible date. If said Director is unable to refer qualified Minorities to fill the positions, the failure of such entity to reach its interim hiring goal as described in subsection (B) shall not be considered a breach of the Agreement with the City. 

(D)   Director of the Office of Human Relations to facilitate monitoring.  The Director of the Office of Human Relations shall establish appropriate monitoring provisions for entities providing Professional Services. 

(E)   Information forms; failure to submit.  The forms prepared by said Director shall be subject to the approval and advice of the Corporation Counsel. The failure of an entity providing Professional Services to submit the information and pledges requested pursuant to this section shall preclude any further contracting with such organization, until such time as the information or pledge is provided. 

(F)   Failure to comply with the provisions of this Division.  A copy of the provisions of this Division and all data, information and pledges secured in accordance with its provisions shall be appended to, and incorporated as a provision of, any Agreement for Professional Services. In the event of noncompliance by an entity providing Professional Services with the equal employment opportunity provisions of this Division, or any request, rule, Regulation or order issued pursuant to this Division, the Agreement subject to the provisions of this Division may be cancelled, terminated or suspended in whole or in part, and such entity may be declared by said Director to be ineligible for further Agreements for Professional Services with the City. Prior to any final finding of noncompliance, however, said Director shall notify said entity that it has fifteen (15) days to show cause why any remedial procedures provided in this Division should not be instituted. During this show-cause period, the entity providing Professional Services and said Director shall make every effort through conciliation, mediation and persuasion to resolve the deficiencies which led to the preliminary finding of the alleged violations. If satisfactory adjustments designed to bring said entity into compliance are not concluded, said Director shall promptly provide written notification to the entity that such efforts have been unsuccessful. Such written notification shall be subject to the appeal provisions provided in Section 2-693. It is not the intent of this Division to supersede or interfere with the duties and responsibilities of any State or Federal agency in the investigation and resolution of individual discrimination complaints. 

(G)   Private organization's plan conforming to this Division.  Nothing in this Division shall preclude the Director of the Office of Human Relations from accepting an existing affirmative action plan of any entity providing Professional Services as in compliance with this Division, if such plan satisfies all the provisions of this Division. The mere existence of such an affirmative action plan, however, will not preclude said Director from imposing additional conditions or requirements where necessary to bring such plan into full compliance with the provisions of this Division. 

(Ord. No. 07-09, 3-9-09)

Sec. 2-693.  Appeals and hearings.

(A)   Notice; violation determined; penalty.  If the Director of the Office of Human Relations at any time makes a final determination that an entity under the provisions of this Division has submitted or offered for inspection false, inaccurate or misleading information, or is in noncompliance with any provision of this Division, said Director shall immediately notify the entity providing Professional Services by certified letter with written findings of the alleged violations stating the basis for making such findings. Such notification shall also inform the entity that it may appeal the final determination within ten (10) days of the date of said Director's notification by requesting a formal hearing. If a hearing is requested in writing, the Director shall set a hearing date within ten (10) days of such request, and the Corporation Counsel shall appoint an attorney in the Corporation Counsel's office as a hearing examiner. The entity providing Professional Services requesting the hearing shall have the right to be represented by an attorney, to introduce testimony and evidence on its behalf, and to cross-examine and challenge any testimony in support of the final determination of said Director. A Designee of said Director shall present any and all evidence during such hearing in support of any alleged violation. After such hearing, the examiner shall render a decision in writing, setting forth findings and conclusions of the examiner, and shall transmit copies of the decision to the entity, said Director and the Chief Operating Officer. If the examiner has found a substantial or material violation, or if the entity has failed to request a hearing within the ten-day time period for such an appeal, said Director may institute such remedies as provided in subsection 2-690(C). 

(B)   Implementation of measures.  The Director of the Office of Human Relations shall immediately notify the Chief Operating Officer and all parties in interest of the proposed implementation measures, by written memorandum. The measures so proposed shall become effective at the expiration of fifteen (15) days, unless the Chief Operating Officer rejects or modifies said Director's proposed actions within such time period. Nothing in this section shall preclude the Chief Operating Officer from accepting an offer by an entity charged with a violation of this Division, which, in the Chief Operating Officer's determination, will provide a meaningful remedy to such violation. 

(Ord. No. 07-09, 3-9-09)

Secs. 2-694, 2-695.  Reserved for future use.

Affirmative Action Commitment   

Sec. 2-696.  Employment practices.

(A)   Discriminatory acts.  The employment policies and practices of the City are to recruit and employ qualified job applicants without discrimination based on race, color, religious creed, sex, age, national origin, marital status, sexual orientation, ancestry, disability and to treat all Employees equally without discrimination because of race, color, religious creed, sex, age, national origin, marital status, gender identity, ancestry, physical or mental disability. Such actions shall include, but not be limited to, the following: 

(1)   Employment upgrading;

(2)   Demotion or transfer;

(3)   Recruitment or recruitment advertising;

(4)   Layoff or termination;

(5)   Rate of pay or other forms of compensation;

(6)   Selection for training, including apprenticeship.

(B)   Policy for conformance with law.  The City emphasizes this policy to assure compliance with Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991, as amended; Presidential Executive Order Number 11246 and Number 11375; the Connecticut Fair Employment Practices Act, as amended; Section 504 of the Vocation Rehabilitation Act of 1973, as amended; Americans with Disabilities Act of 1990, as may be amended from time to time; and, all other applicable laws which pertain to equal employment opportunity. 

(C)   Filing complaints.  Any discrimination shall be a violation of this section. Any complaint resulting from such discrimination may be filed with the Office of Human Relations for investigation or referral to the proper agency having jurisdiction in the particular matter or both. 

(D)   Mayor to prepare plan; funding, adoption, standards.  The Mayor, as the Chief Executive Officer, shall prepare an Affirmative Action Plan for the City of Hartford. The Mayor shall have the power to include in such plan those agencies that are autonomous of City government, but receive funds from the City. The Affirmative Action Plan shall establish goals and objectives for the hiring of Minority Group Persons by the City. The City's Affirmative Action Plan shall be submitted by the Mayor to the Common Council as a part of the annual budget and shall be adopted by ordinance. The plan, and any amendment thereto, may be adopted only after certification by the Mayor that the plan and amendments will meet all the following standards: 

(1)   Establishes reasonable minimum percentage goals for Minority employment, considering the extent of past and present discrimination and the qualified Minority labor force in the Hartford Labor Market Area.

(2)   Contains provisions that will ensure strict compliance with the provisions and intent of this Division and specifically the responsibility to fully comply with Section 504 of the Vocational Rehabilitation Act of 1973 and all regulations issued pursuant thereto regarding persons with handicaps.

(3)   Is designed to mitigate and eliminate the barriers to equal employment opportunity without delay.

(E)   City's leadership to effect plan.  The City will additionally assert its leadership within the community to achieve full employment and effective utilization of the capabilities and productivity of all persons without regard to race, color, religious creed, sex, age, national origin, marital status, ancestry, physical or mental disability. 

(F)   Explanation of accomplishments.  The Mayor shall submit a detailed explanation to the Common Council concerning the accomplishment of the goals and objectives concerning hiring of Minority Group Persons required by this section before the end of each fiscal year, if each of such goals and objectives has not been attained. 

(Ord. No. 07-09, 3-9-09)


Sec. 2-697.  Housing practices.

(A)   Fair accommodation; violations, filing complaints.  The City reaffirms its commitment to the promotion of fair treatment and equal opportunities for safe and sanitary housing for all citizens. No department or Agency of the City shall deny housing accommodations to any person, group or organization by reason of race, color, religious creed, sex, age, national origin, marital status, sexual orientation, ancestry, or deny housing to any family due to the presence of children in such family. Any discrimination, segregation or separation shall be a violation of this section and any complaint resulting from such discrimination, segregation or separation may be filed with the Director of the Office of Human Relations for investigation or referral to the proper agency having jurisdiction in the particular matter or both. 

(B)   Policy for conformance with law.  The City emphasized this policy to assure compliance with Title VIII of the Civil Rights Act of 1968, as amended; Title VI of the Civil Rights Act of 1964, as amended; Executive Order Number 11063; the Connecticut Public Accommodations Act; and, the Americans with Disabilities Act of 1990, as may be amended from time to time. 

(C)   Mayor to prepare plan; funds, adoption, status report.  The Mayor shall prepare an affirmative fair housing plan with goals and objectives to promote equal housing opportunity for all citizens without regard to race, color, religious creed, sex, age, national origin, marital status, sexual orientation, gender identity, ancestry, or the presence of children as family members. The Mayor shall have the power to include in such plan those agencies that are autonomous of City government, but receive funds from the City. The Mayor shall submit the Fair Housing Plan to the Common Council as part of the annual budget for adoption by ordinance. The Mayor shall also submit to the Common Council on an annual basis a status report as to the implementation of the City's affirmative fair housing plan. 

(Ord. No. 07-09, 3-9-09)


Sec. 2-698.  Affirmative supplier diversity program.

(A)   Policy for conformance with law.  The City hereby reaffirms its commitment to work toward the further inclusion of bona fide local Minority Contractors in the procurement and contracting activity of the City. The city emphasizes this policy to assure compliance with Presidential Executive Order Number 11625 and all other rules and regulations to promote minority business enterprise. 

(B)   Director of the Office of Human Relations to prepare program.  The Director of the Office of Human Relations shall prepare an affirmative procurement program for the City which shall establish annual goals and objectives for minority purchasing participation in the purchase of Supplies and Services, which goals and objectives shall include a set-aside for Minority Contractors and Small Business Enterprises. 

(C)   Program adoption; status report.  The supplier diversity program shall be included with the annual budget submittal. 

(1)   The said Director shall additionally propose to the Mayor and the Mayor upon review and approval shall submit to the Common Council on an annual basis a status report as to the implementation of the City 's supplier diversity program.

(2)   All Using Agencies shall submit to the Director of the Office of Human Relations a status report, on a quarterly basis, as to compliance with the provisions of the Affirmative Supplier Diversity Program on forms provided by the Director.

(Ord. No. 07-09, 3-9-09)

Sec. 2-699.  Affirmative Action Plan submitted; amended, adopted, on file.

(A)   Amendments to the Affirmative Action Plan shall be submitted to the Common Council as regulations.

(B)   A copy of the City of Hartford Affirmative Action Plan and all amendments thereto shall be filed in the Office of the Town and City Clerk.

 

Reading waived

 

Hearing Date December 20, 2010

 

Referred to the Labor and Workforce Development Committee

 

(MINORITY LEADER COTTO)  Ordinance amending Chapter 2, Article VIII, Division 9, of Code de Discrimination and Set-Aside Programs. HEARING DATE - Monday, December 20, 2010

 

Proposed ordinance amending the Municipal Code concerning “Discrimination and Set-Aside Programs” introduced December 13, 2010, and on which a hearing was held December 20, 2010.

 

An Ordinance Amending Chapter 2, Article VIII, Division 9, “Discrimination and Set-Aside Programs”.

 

                                                                                                COURT OF COMMON COUNCIL,

                                                                                                            CITY OF HARTFORD

December 13, 2010

 

 

            Be It Ordained by the Court of Common Council of the City of Hartford that the Municipal Code is amended as follows:

 

DIVISION 9.  DISCRIMINATION AND SET-ASIDE PROGRAMS

Discrimination in Employment or Housing   


Sec. 2-655.  Discrimination in employment or housing by Contractors with the City.

(A)   Discrimination prohibited.  Neither the City, nor any Person with which the City enters an Agreement for the purchase or sale of Commodities, Services, Construction or products of any kind, shall discriminate in employment or in the provision of equal housing opportunities to any person in accordance with the applicable provisions of Federal, [and] State and Municipal law and regulation as presently in full force and effect or, as may be amended, from time to time. 

(B)   Definitions Applicable to Division 9.  The terms  sexual orientation  and  disability  shall have the meanings set forth in the General Statutes. 

(C)   Inclusion of prohibition in contracts, agreements, purchase orders, etc.  The Purchasing Agent is hereby directed to include in all agreements, including, contracts, purchase orders and memoranda of understanding, the condition that all Contractors with the City shall not discriminate in accordance with the applicable provisions of Federal, [and] State and Municipal law and regulation as presently in full force and effect or, as may be amended, from time to time. Such prohibition shall extend and be applicable to all subcontracts let or awarded and all agreements let or awarded by the City. 

(D)   Noncompliance; remedial procedure.  In the event of a Contractor's noncompliance with the provisions of this section or any contract, agreement, purchase order or memoranda of understanding issued pursuant to this section, the agreement subject to the provisions of this section may be cancelled, terminated or suspended in whole or in part and such Contractor may be declared by the Purchasing Agent to be ineligible for further procurements and agreements with the City. 

(1)   Notice to show cause.  Prior to any final finding of noncompliance, however, the Purchasing Agent shall notify the Contractor that it has fifteen (15) days to show cause why any remedial procedures provided in this section should not be instituted. During this period, the Contractor and the Purchasing Agent shall make every effort through conciliation, mediation and persuasion to resolve the deficiencies which led to the preliminary finding of the alleged violation. If satisfactory adjustments designed to bring the Contractor into compliance are not concluded, the Purchasing Agent shall promptly provide written notification to the Contractor that such efforts have been unsuccessful. Such written notification shall be subject to the appeal provisions provided in this section. It is not the intent of this section to supersede or interfere with the duties and responsibilities of any State or Federal agency in the investigation and resolution of individual discrimination complaints. 

(E)   Appeals and hearings--Final determination.  If the Purchasing Agent at any time makes a final determination that a Contractor under the provisions of this section is in noncompliance with any provision of this section, the Purchasing Agent shall immediately notify the Contractor, the Corporation Counsel and the Office of Human Relations by certified letter with written findings of the alleged violations stating the basis for making such findings. 

(1)   Right of appeal.  Such notification shall also inform the Contractor that it may appeal the final determination within ten (10) days of the date of the Purchasing Agent's notification by requesting a formal hearing. If a hearing is requested in writing, the Purchasing Agent shall set a hearing date within ten (10) days of such request. 

(a)   Appointment of Hearing Officer by Corporation Counsel.  The Corporation Counsel shall appoint an attorney in the Corporation Counsel's office as a hearing examiner. 

(2)   Rights accorded at hearing.  The Contractor requesting the hearing shall have the right to be represented by an attorney, to introduce testimony and evidence on its behalf, and to cross-examine and challenge any testimony in support of the final determination of the Purchasing Agent. A designee of the Purchasing Agent shall present any and all evidence during such hearing in support of any alleged violation. 

(3)   Decision of the Hearing Examiner.  After such hearing, the examiner shall render a decision in writing, within fifteen (15) days, setting forth the findings and conclusions. Said examiner shall transmit copies of the decision to the Contractor members of the Common Council, the Purchasing Agent and the Director of the Office of Human Relations. 

(a)   Finding of substantial or material violation or failure to appeal.  If the examiner has found a substantial or material violation, or if the Contractor has failed to request a hearing within the ten-day time period for such an appeal, the Purchasing Agent may institute such remedies as provided in subsection (D), above. The Purchasing Agent shall immediately notify the Common Council and all parties in interest of the measures that Purchasing Agent proposes to implement, by written memorandum. 

(b)   Effective date of measures taken by the Purchasing Agent.  The measures so proposed shall become effective at the expiration of fifteen (15) days or the end of the day following the next regularly scheduled meeting of the Common Council, whichever is longer, unless the Common Council rejects or modifies the Purchasing Agent's proposed actions within such time period, by majority vote. 

(c)   Postponement of the effective date by the Common Council.  However, the Common Council may by majority vote postpone the effective date of the Purchasing Agent's actions until its next regularly scheduled meeting. Nothing in this section shall preclude the Purchasing Agent from accepting an offer by a Contactor charged with a violation of this section which, in the Purchasing Agent's determination, will provide a meaningful remedy to such violation. 

(Ord. No. 07-09, 3-9-09)

Secs. 2-656--2-659.  Reserved for future use.

 

Reading waived

 

Hearing Date December 20, 2010

 

Referred to the Labor and Workforce Development Committee

 

RESOLUTIONS

 

(COUNCIL PRESIDENT WINCH) (MAJORITY LEADER BOUCHER) (COUNCILMAN APONTE)  (COUNCILMAN TORRES) Mi Casa Family Service and Educational Center, Inc., Program de Allocation of funds from the City's Contributions towards Public Programs Account to.

 

Resolution – Council President Winch, Majority Leader Boucher, Councilman Aponte:

 

Whereas, The Mi Casa Family Service and Educational Center, Inc.  is the premier provider of services for Hispanic youth and families in the Hartford region; and

 

Whereas, The Mi Casa Family Service and Educational Center, Inc. is a non-profit organization with a mission to provide education, strengthen skills and build bridges to success; and

 

Whereas, Mi Casa achieves its mission by providing Hispanic youth and families academic support, skills training, financial education and family support services needed to be successful in the workplace; and

 

Whereas, Mi Casa needs assistance in continuing these programs to provide support to these youth and their families, they are asking the City of Hartford for $15,000.00 not to miss these opportunities for their youth and families in the future, now, therefore be it

 

Resolved, That the Court of Common Council does hereby designate $15,000.00 from the Fiscal Year 2010 from the City contributions toward public programs to The Mi Casa Family Service and Educational Center, Inc.; and, be it further

 

Resolved, That The Mi Casa Family Service and Educational Center, Inc. will report outcomes of these funds to the Court of Common Council at the end of the 2010 budget year and The Mi Casa Family Service and Educational Center must make a more aggressive effort to fundraise for the next year so that there will not be a reoccurrence of this shortfall for 2011; and, be it further

 

Resolved, That the Court of Common Council allocate City contributions to the following programs:

 

·        $1,000 to Gardner’s House

·        $ 1,000 to Caribbean Multi Cultural Arts and Heritage Center

·        $1,000 to K-LA-RUE Educational Arts in Motion

·        $2,000 to Institute of Community Research –Summer Cultural Youth  Program.

·        $2,000 to Cricket Hall of Fame- Youth Cricket

·        $2,000 to Marcus Garvey Memorial Park

 

Referred to the Operations, Management and Budget Committee as amended

 

Councilwoman Airey-Wilson requested to be added in the resolution.

 

(COUNCIL PRESIDENT WINCH) (MAJORITY LEADER BOUCHER) (MINORITY LEADER COTTO)  Literacy Volunteers of Greater Hartford de Allocation of funds from the City's Contributions towards Public Programs Account to.

 

Resolution – Council President Winch Majority leader Boucher, Minority Leader Cotto:

 

Whereas, The Court of Common Council earlier passed a non-financial resolution requesting that the City Council’s Education Committee conduct periodic updates of the adult literacy issues in Hartford; and

 

Whereas, The Council’s Education Committee has held a series of meetings over the past several months, where various leaders of adult literacy programs have requested that the City Council consider support of efforts to further increase public awareness of the need to prioritize adult literacy needs in the City (where 71% of adults have significant literacy needs) and also increase awareness of existing adult literacy support programs; now therefore be it,

 

Resolved, That the Court of Common Council allocate $2,500 from the City Contributions toward Public Programs Account, or other budget sources, to public awareness efforts to increase awareness of issues and services related to adult literacy; and be it further

 

Resolved, That the funds will be provided to the Literacy Volunteers of Greater Hartford; where there was agreement that Literacy Volunteers would work with a group of other adult literacy agencies and leaders on this project; and be it further

 

Resolved, That the Literacy Volunteers of Greater Hartford will work with this workgroup to increasing public awareness, through developing posters and materials to support such a public awareness campaign.

 

Referred to the Operations, Management and Budget Committee

 

*(COUNCIL PRESIDENT WINCH)  Workforce Task Force de Establishment of.

 

Resolution – rJo Winch, Council President:

 

Whereas, The City of Hartford has experienced double digit unemployment for the past three years; and

 

Whereas, The property owners of this city are expected to pay 100% of the taxes to provide revenue for the city’s operational budget; and

 

Whereas, These same tax payers are the most unemployed or underemployed in the City; and

 

Whereas, The City of Hartford has through it’s Labor and Workforce Committee, established taskforces in the pass to address workforce and employment incentives; now, therefore be it

 

Resolved, That the Court of Common Council hereby establishes a 90 day Workforce Task Force to be appointed by the Council which will consist of not more than 9 members from the Hartford communities to examine employment opportunities in the City of Hartford.  This task force will provide testimony and recommendations to the Court of Common Council.

 

The resolution was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

*(MINORITY LEADER COTTO)  Hartford Public Library de Permission to serve alcohol at the ArtWalk reception at.

 

Resolution – Minority Leader Cotto:

 

Whereas, The Hartford Public Library wishes to serve alcohol at the ArtWalk Reception on December 16, 2010 from 6pm to 7:30pm at the main branch of the library, located at 500 Main Street; and

 

Whereas, The City of Hartford insures the Hartford Public Library; an additional certificate of insurance is not required as the Library is a City agency; now, therefore, be it

 

Resolved, That the Court of Common Council grants permission to the Hartford Public Library to serve alcohol at the aforementioned event under the condition that the proper permits, if required, are obtained from the Liquor Control division of the Connecticut Department of Consumer Protection.

 

The resolution was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Deutsch, Kennedy, Torres and Winch. 8

 

Absent: Councilperson Ritter. 1

 

(COUNCILMAN DEUTSCH)  Metropolitan District Commission de Appointment of members to.

 

Resolution – Councilman Deutsch:

 

Resolved, That the Court of Common Council, City of Hartford selects the following individuals for membership on the Board of Commissioners, Metropolitan District Commission for the period beginning January 1, 2011 terminating December 31 of 2015:

 

·        Daniel Finch of Hartford, Connecticut

·        Rupert Daniels of Hartford, Connecticut

·        Lee Hunt of Hartford, Connecticut

 

Action postponed until January 10, 2011

 

(MINORITY LEADER COTTO) (COUNCILMAN DEUTSCH)  Spectrum Care’s Park Place Health Center de Permission for Members of the Service Employees International Union, Local 1199 (1199 SEIU) to picket on Greenwood Street and on the sidewalk at.

 

Resolution – Councilman Cotto, Councilman Deutsch:

 

Whereas, The First Amendment of the Constitution guarantees people the right to assemble peacefully; and

 

Whereas, Members of the Service Employees International Union, local 1199 (1199 SEIU), are presently at Spectrum Care’s Park Place Health Center on Greenwood Street; and

 

Whereas, 1199 SEIU members are peacefully picketing on public property and are aware that they are not permitted to use private property; and

 

Whereas, Since the strike started eight months ago, the 1199 SEIU members have been utilizing Greenwood Street and the sidewalk, and all of the sudden have been asked to stay only on the sidewalk; now, therefore, be it

 

Resolved, That provided that 1199 SEIU members do not restrict the flow of traffic in the street or on the sidewalk, 1199 members shall be permitted to picket on Greenwood Street and on the sidewalk.

 

Withdrawn

 

(COUNCILMAN DEUTSCH)  Various Public Programs de Allocation of funds from the City’s Contributions towards Public Programs Account to.

 

Resolution – Councilman Deutsch:

 

Resolved, That the Court of Common Council allocate City Contributions Toward Public Programs as follows:

 

Guakia Inc. - $ 17,000

Artists Collective Inc. - $ 1,400

Blue Hills Civic Association- $ 5,000

Mi Casa Family Service and Educational Center, Inc. - $ 1,000

Hartbeat Ensemble - $ 4,000

San Juan Center - $ 600

 

Referred to the Operations, Management and Budget Committee

 

(COUNCILMAN DEUTSCH) (MINORITY LEADER COTTO)  Progressive tax increase on those families with income over $250, 000 a year de Request that the Court of Common Council direct the Legislative Lobbyists for the City of Hartford and to urge the State Legislative Delegation to work actively for a.

 

Resolution – Councilman Cotto, Councilman Deutsch:

 

Whereas, To protect essential public services in the city --  school, park, health, sanitation, recreational, cultural, library – there must be revenue through fair and equitable taxation policies at state and city levels, and

 

Whereas, There have been serious cuts in education budgets in Hartford and other distressed areas that threaten the quality of instruction of our children and youth, with layoffs of teachers, reductions in music, art, field trip, and other critical school programs, and

 

Whereas, City parks and libraries need adequate support for maintenance of a healthy and cultured population from youth to adult, and

 

Whereas, There is urgent need to expand investments in alternative energy, public transport and green jobs with training and employment for local workforce, and

 

Whereas, Property taxes of struggling working families and elderly on fixed incomes have skyrocketed while regressive local property and sales taxes squeeze their ability to pay, and

 

Whereas, The overall percentage of taxes paid by very wealthy families and corporations has fallen dramatically in the last few decades, shifting the financial burden onto struggling families and vulnerable populations, be it hereby

 

Resolved, That the Court of Common Council directs the legislative lobbyist for the City of Hartford and urges the State legislative delegation to work actively for a progressive (graduated) tax increase on those families with income over $250,000 a year, and perform a complete review of all corporate tax charges and credits to determine actual contributions towards City and State revenues, and further be it

 

Resolved, That this resolution be included in the legislative packet for the City of Hartford, with a copy of this resolution sent to all members of the state legislature and the Governor-elect.

 

Referred to the Legislative Affairs Committee

 

*(COUNCILMAN TORRES)  Public Safety curriculum tract at Law and Government High School Academy de Request from the Mayor to the Hartford Board of Education to consider adding a.

 

Resolution – Councilman Torres:

 

Whereas, The City Council and City Administration has supported efforts to encourage Hartford residents to become members of our public safety workforce, and

 

Whereas, Public Safety career offer long-term employment and opportunities, and

 

Whereas, A career path for Hartford youth can be created to access public safety jobs in our Police, Fire and Emergency Dispatch departments and else where, and

 

Whereas, The City of Hartford recruits for Public safety trainees in both Police and Fire departments, and

 

Whereas, The City of Hartford supports Police and Fire Explorer programs, therefore, be it

 

Resolved, That the Mayor is encouraged to request from the Hartford Board of Education that it consider adding a Public Safety curriculum tract to its Law & Government High school Academy, and be it further;

 

Resolved, That is possible to begin this program as an offering for students for the 2011-2012 school year.

 

The resolution was passed on the following roll-call vote:

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Cotto, Kennedy, Torres and Winch. 7

 

Absent: Councilpersons, Ritter, Deutsch. 2

 

 

FROM TABLE

 

Report, with accompanying resolution de Request that the Mayor provides an update to the Council’s Housing Committee for increase of foreclosed properties.

 

Report was received from the Chairperson of the Housing Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                   November 22, 2010

 

Dear Council President Winch:

 

On Tuesday, November l6, 2010 at 6:30 pm, the Housing Committee held a meeting to discuss the following referred item:

 

(MAJORITY LEADER BOUCHER) INCREASE OF FORECLOSED PROPERTIES DE REQUEST THAT THE MAYOR PROVIDE AN UPDATE TO THE COUNCIL'S HOUSING COMMITFEE ON.

 

Present at said meeting were Veronica Airey-Wilson, Housing Chair, Jim Boucher, Council Majority Leader, Julianne Lugo, Housing Department, Tom Nenortas, Hartford Preservation Alliance, Kevin Morrison, Habitat for Humanity, Edward Hagenbach, Hartford Resident, Jonathan Ney, HART, Yvette Mosely, City Council and concerned citizens.

 

Chairwoman Airey-Wilson introduced the item.

 

Majority Leader Jim Boucher was concerned that no one from the administration was present to respond to the resolution and that he expected a report would be available, given that the item was presented over two weeks ago.

 

Committee tabled item with understanding that a communication be sent to the Mayor office requesting that a presentation be made to the Housing Committee.

 

Respectfully submitted, Veronica Airey-Wilson, Chairperson

 

Tabled

 

Report, with accompanying resolution de Request that the Mayor provide an assessment of what additional staff needed to provide inventory of abandoned properties to address the Anti-Blight Ordinance.

 

Report was received from the Chairperson of the Housing Committee, as follows:

 

Honorable rJo Winch, Council President, and Members of the Court of Common Council, Hartford Conn.                                                                                                   November 22, 2010

 

Dear Council President Winch:

 

On Tuesday, November 16, 2010 at 6:30 pm., the Housing Committee held a meeting to discuss the following referred item:

 

(MAJORITY LEADER BOUCHER) ANTI-BLIGHT ORDINANCE DE REQUEST THAT THE MAYOR PROVIDE AN ASSESSMENT OF HOW MUCH ADDITIONAL STAFF IS NEEDED TO PROVIDE INVENTORY OF ABANDONED PROPERTIES TO ADDRESS THE.

 

Present at said meeting were Veronica Airey-Wilson, Housing Chair, Jim Boucher, Council Majority Leader, Julianne Lugo, Housing Department, Tom Nenortas, Hartford Preservation Alliance, Kevin Morrison, Habitat for Humanity, Edward Hagenbach, Hartford Resident, Jonathan Ney, HART, Yvette Mosely, City Council and concerned citizens.

 

Chairwoman Airey-Wilson introduced the item.

 

Majority Leader Jim Boucher was concerned that no one from the administration was present to respond to the resolution and that he expected a report would be available, given that the item was presented over two weeks ago.

 

Julianne Lugo in the Development Services Department stated that there are approximately 300 blighted properties throughout the city, which is handled by Gus Espinosa and further explained that the huge load makes it difficult for one person to keep up with all the details.

 

Councilwoman Airey-Wilson suggested the City reach out to area colleges in an effort to get student to assist in gathering and computerizing information for college credit.

 

Jonathan Ney of HART relayed his frustration concerning bighted properties and the potential hazards of criminal activity and arson and other concerned citizens voiced their opinions.

 

Committee tabled item with understanding that a communication be sent to the Mayor's office requesting that a presentation be made to the Housing Committee.

 

Respectfully submitted, Veronica Airey-Wilson, Chairperson

 

Tabled

 

EXECUTIVE SESSION

 

 

Motion to go into executive session

 

Yeas: Councilpersons, Airey-Wilson, Aponte, Boucher, Deutsch, Kennedy, Torres and Winch. 7

 

Nays: Councilperson Cotto. 1

 

Absent: Councilperson Ritter. 1

 

The meeting recessed at 9:00pm

 

The Executive Session commenced at 9:01 pm.

 

Present: Councilpersons, Veronica Airey-Wilson, Alexander Aponte, James M. Boucher, Larry Deutsch, Kenneth H. Kennedy, Jr., Calixto Torres, rJo Winch

 

Also present:  Corporation Counsel, Sandra Lee Borges

 

A motion was made to discuss the resolutions pertaining to the following:

 

The Executive Session adjourned at 9:11 pm.

 

The meeting reconvened at 9:12 pm.

 

Present: Councilpersons, Veronica Airey-Wilson, Alexander Aponte, James M. Boucher, Luis E. Cotto, Larry Deutsch, Kenneth H. Kennedy, Jr., Calixto Torres and rJo Winch.

 

The Meeting adjourned at 9:13 pm.

 

 

Attest:

John V. Bazzano

Town and City Clerk