FOI Response – Documents Conclusively Show No Law Was Followed.
UPDATE: It seems I forgot to attach the PDF scan of the documents. The link is now at the bottom.
I received a rather thick stack of papers from the Town Council Office yesterday in reply to my FOI request. As expected the FOI demonstrates that the legal process for the town to dispose of town property was ignored while the town made up their own process as they went along.
At the bottom is a rather large PDF (180 Pages) which comprises the entire packet I received. I encourage you to review it. It contains the RFPs that went out in 2006 and 2008 as well as responses. The rest consists of various communications, memos and meeting minutes regarding Daley Court. Also there is one lone set of minutes evidencing the approval of the Burnside Avenue Redevelopment Plan from back in 1997.
To summarize how the law was broken the following procedures required by 10-19 are evidenced not to have been followed:
The Mayor did NOT recommend the disposition of Daley Court in writing.
The Council did NOT refer this recommendation to the Real Estate Acquisition & Disposition Committee.
The Real Estate Acquisition & Disposition Committee did NOT determine whether to seek bids or negotiate directly.
The Real Estate Acquisition & Disposition Committee did NOT issue an RFP.
The Real Estate Acquisition & Disposition Committee did NOT publicly open RFP responses.
The Real Estate Acquisition & Disposition Committee did NOT bring all the bids along with a recommendation to the Town Council.
What did happen is that the development department in conjunction with the Redevelopment Agency decided they wanted to dispose of Daley Court which as evidenced by Jeanne’s own communications with the Mayor was NOT owned or controlled by the Redevelopment agency which means the redevelopment agency had no authority to dispose of the property or issue bids. The Redevelopment Agency referred their RFP to the Town Council who referred it to the Real Estate Acquisition & Disposition Committee who approved it, something they had no authority to do.
In fact, the Redevelopment Agency doesn’t even have the authority to take the Daley Court Property because the Burnside Avenue Redevelopment Plan doesn’t appear to have ever been re-approved by the town council. State law is clear that a redevelopment plan expires after ten years if not amended or re-approved. The plan expired in 2007.
http://cga.ct.gov/2009/pub/chap130.htm#Sec8-127.htm
(c) (1) The approval of a redevelopment plan shall be given by the legislative body. The plan shall be effective for a period of ten years after the date of approval and may be amended in accordance with this section. The legislative body shall review the plan at least once every ten years after the initial approval, and shall reapprove such plan or an amended plan at least once every ten years after the initial approval in accordance with this section in order for the plan or amended plan to remain in effect. With respect to a redevelopment plan for a project that is funded in whole or in part by federal funds, the provisions of this subdivision shall not apply to the extent that such provisions are prohibited by federal law.
What’s really interesting is that the RFP response by Sheldon Oaks is not the project that was approved by the Redevelopment Agency or the Town Council. In fact the original response by Sheldon Oaks is easily not the best proposal received. How is that Sheldon Oaks was able to change their project and acquisition price AFTER the RFP? The Council never voted to negotiate with any bidder so how was it that negotiations were made? Was any other bidder given this same consideration?
There is only one thing for the Council to do now. They must rescind the motions approved and immediately refer this issue to the Investigation and Audit Committee to determine why nobody followed the law and why the Chairman of the Real Estate Acquisition & Disposition Committee, Mr. Bill Horan, didn’t insist that the law governing the actions of his committee be followed.
FOI Request Filed Seeking Documents Evidencing Legal Compliance
Following up on Daley Court further I have submitted an FOI request to the Town Council Office to evidence the compliance, or lack thereof, with section 10-19 of the Town Ordinances which governs the disposition of town owned property.
Angela,
I would appreciate your assistance in providing the the following records in accordance with the requirements of the FOI Act.
1) A copy of any written communication from Mayor Melody Currey to the East Hartford Town Council or it’s subcommittees regarding 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court.
2) A copy of the agenda and minutes of the East Hartford Town Council meeting at which Mayor Melody Currey’s written request to dispose of 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court was referred to the Real Estate Acquisition & Disposition Committee.
3) A copy of any appraisal dated 2006 or later of 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court which was acquired by the Real Estate Acquisition & Disposition Committee
4) A copy of any written communication, memo, minutes or agenda from 2006 or later addressing an appraisal or whether to acquire an appraisal of 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court.
5) A copy of any minutes, agenda, memo or communication of the Real Estate Acquisition & Disposition Committee in which the Real Estate Acquisition & Disposition Committee determined whether to seek bids for, or negotiate directly with a buyer for 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court.
6) A copy of any public notice of a request for bids on 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court from the Real Estate Acquisition & Disposition Committee published in a newspaper.
7) A copy of the minutes and agenda of the meeting of the Real Estate Acquisition & Disposition Committee at which the committee opened bids for 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court.
8) A copy of the minutes and agenda of the meeting of the Real Estate Acquisition & Disposition Committee at which the committee approved a recommendation to dispose of 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court to one of the bidders, reject all bidders and submit another request for bids or negotiate with another person.
9) A copy of the minutes and agenda of the Town Council meeting at which the Real Estate Acquisition & Disposition Committee submitted the bids for 582 Burnside Avenue, AKA 590 Burnside Avenue, AKA Daley Court or other written memo or communication evidencing a submission of bids on the property to the Town Council.
10) A copy of any emails to or from the Town Council, its subcommittees, clerk or members referencing 582 Burnside Avenue, 590 Burnside Avenue or Daley Court.
11) A copy of the agenda and minutes of the Town Council meeting at which the Burnside Avenue Redevelopment Plan was last amended, approved or renewed.
If any of these requests can not be met because the information does not exist please indicate this.
Thank You,
Jon Searles
51 Spaulding Circle
East Hartford, CT 06118
(860) 930-4149
A return receipt indicating that Angela opened the email was received at 8:47AM 07/16/09:
Your message To: Attenello, Angela Cc: Currey, Melody Subject: FOI Request - Information on Daley Court Sent: Wed, 15 Jul 2009 21:30:05 -0400 was read on Thu, 16 Jul 2009 08:47:44 -0400
A response was received shortly thereafter at 8:48 AM on 07/16/09:
Your request has been forwarded to the Council Chair. Angela Attenello Town Council Clerk
