ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
TUESDAY, JANUARY 22, 2008
The Regular Meeting of the Enfield Town Council was called to order by Chairman Kaupin in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Tuesday, January 22, 2008. The meeting was called to order at 7:14 p.m.
PRAYER – The Prayer was given by Councilman Jones.
PLEDGE OF ALLEGIANCE – The Pledge of Allegiance was said.
ROLL-CALL – Present were Councilmen Bosco, Crowley, Dumont, Edgar, Jones, Kaupin, Kiner, Lee, Mangini, Nelson and Ragno. Also present were Town Manager, Matthew Coppler; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne Olechnicki; Town Attorney, Kevin Deneen; Deputy Director of Public Works, Geoffrey McAlmond; Director of Social Services, Pamela Brown; Director of Finance, Lynn Nenni.
Chairman Kaupin made the fire evacuation announcement.
MOTION #9628 by Councilman Nelson, seconded by Councilman Ragno to accept the minutes of the January 7, 2008 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9628 adopted 10-0-1, with Councilman Crowley abstaining.
MOTION #9629 by Councilman Nelson, seconded by Councilman Mangini to accept the minutes of the January 7, 2008 Regular Meeting.
AMENDMENT #1 by Councilman Jones, seconded by Councilman Lee to correct the vote of Motion #9620 to 9-2-0, with Councilmen Jones and Lee voting against the motion.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #1 adopted 11-0-0.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9629 adopted 10-0-1, with Councilman Crowley abstaining.
Jill Krawiec, 124 Town Farm Road
Stated in March, 2006 she began a fight for sidewalks on the southern portion of Town Farm Road. She noted since then, she went to the Town Hall and looked at the development plans for Meadow Crossing. She pointed out the plans were approved and signed by Planning & Zoning in1983. She noted these plans included the construction of sidewalks in the back of the houses on Town Farm Road. She stated she also obtained from the Planning Department a presentation dated July 15, 1993 regarding the Meadow Crossing development and why that development wasn’t completed in accordance to the approved plan. She noted 16 of the 25 houses were in favor of the sidewalks and efforts were supposed to start immediately to complete the work. She stated the only thing completed was that the Town released the bonds totaling $23,757. She noted that amount of money with an average interest of 5% for the last 15 years would be worth $49,000 today. She stated the Town Manager said that bond probably went to the General Fund.
Ms. Krawiec Stated after she obtained a petition from neighbors, a budget for the cost of the project was done by John Kazmarski, the Public Works Director at that time. She stated her belief the cost of the project was projected at $228,000. She noted Jeff Bord told her last Friday it was estimated at $170,000. She stated since that was two years ago, she increased that by 5%, which is now $178,500. She pointed out that is less than an average house in Enfield.
She stated the cost of cement has not risen drastically, but only increased to $88 per yard, a $3.00 increase since 2006. She noted there are ten yards per truck, and this sidewalk amounts to four-tenths of a mile. She feels ten trucks at ten yards each is very generous for that distance. She pointed out the cost of the cement would be approximately $8,800, and that would leave $169,700 for labor and other materials. She stated her belief this figure could be lowered with a competitive bidding process, or the Town doing the work itself. She acknowledged money is the biggest obstacle, but this is an obstacle that must be overcome.
Ms. Krawiec referred to the tipper barrel issue. She noted she paid about $65 for her tipper barrel, and she feels residents should take this on. She stated if there’s truly a need, the Town could charge according to a sliding scale. She pointed out housing and childcare both use sliding scales. She noted if the tipper barrel issue did not use up the money in the CIP account, it could easily be used for sidewalks. She went on to note this would be better than putting that money in the budget, however, if it were to go into the budget, she would not object. She pointed out she pays approximately $5,200 in property taxes a year, and taxpayers’ money should be spent responsibly and appropriately.
Ms. Krawiec stated even if she wasn’t present and pleading for these sidewalks, the Council should be making this a priority since it was the Town itself that required sidewalks on Town Farm Road. She reminded the Council the Town of Enfield Plan of Conservation and Development, which was adopted in 1999, designates Town Farm Road as a collector road, thus requiring sidewalks.
John Shlatz, 42 South Road
Expressed his appreciation to the Public Works Department for the cleaning job done between his property and the public library. He noted Public Works was very nice about this.
Margaret Jedziniak, 232 Abbe Road
Stated she has a list of all the delinquent taxes. She noted this is a project that the former Manager was going to do, but it was never finished. She stated Councilman Ragno says he will take on the task of seeing that it gets done. She noted if the amount comes to $1 million dollars, it is a crime that the rest of the overburdened taxpayers will have to pay it. She thanked Councilman Ragno for taking on this job. She went on to note that she’s heard from some people they had difficulty getting these figures off the Town’s website. She noted this could be due to this information being on a spreadsheet and having to be reduced to size. She questioned if this type of IT problem will be taken care of.
Ms. Jedziniak referred to all the small figures and supposed they are just little splinters of property. She questioned whether those properties should have been registered by Planning and Zoning. She stated if the Town is going to have an employees’ manual, she feels this person should have been the first one with their description on that manual, and if they’re still working, she believes they should at least be reprimanded for not doing that job and not taking these things and registering them.
She stated over the years, her neighbor came to owe more than $17,000 in taxes. She noted he has a new truck and travels to Maine and goes hunting and fishing, therefore, she didn’t think he was very poor at the time. She stated her hope the Town takes into consideration that there are people who just don’t want to pay their taxes.
She questioned if anyone asked those people who couldn’t rightfully pay their taxes why they couldn’t pay them. She noted perhaps those people were having hard times and needed help more than someone else who did not care to pay their taxes.
Ms. Jedziniak questioned whether the Town is going to provide water for Salerno Drive, and is the Town going to pay for it. She questioned whether those wells were tested before people moved into those homes.
Ms. Jedziniak referred to the Clean Energy Committee and questioned how much geo-
thermal heat will cost. She presumed there’s an extra cost for that type of heat, and she doesn’t feel people can bear any more costs.
As concerns the person who spoke about sidewalks on Town Farm Road, Ms. Jedziniak stated the reason no sidewalks were put in this area was that those homes weren’t selling, and they were empty for a long period of time. She stated her impression the Town didn’t think they should install sidewalks at that time. She went on to note there was a sidewalk right across the street, and Public Works took out that sidewalk a couple years ago. She questioned why that happened and was told that sidewalk wasn’t needed because that’s the end of the project built by Ledger Starr. She pointed out this wasn’t the end of that project, but rather the beginning of the project. She questioned why sidewalks would be removed at the beginning of a project. She noted the reasoning at that time was because a lot of people were coming to the Town and complaining they didn’t want to shovel their sidewalks. She pointed out she has lived in the Town Farm Road area for 46 years, and no one in that area wanted sidewalks in that area.
Robert Tkacz, 150 Bernadino Avenue
Commended the Town Council for moving forward with the tipper barrel program. He noted another big issue is recycling. He stated his belief larger tipper barrels shouldn’t be allowed at all because that discourages recycling. He stated his belief apartment people do not recycle. He noted if homes have garbage disposals, a lot of that food goes down the drain and doesn’t go into the landfill. He went on to note recycling will be a big challenge.
Mr. Tkacz stated the enforcement of shoveling sidewalks is a very major problem. He referred to the state line area and noted businesses aren’t doing their job, and the State isn’t doing their job over Route 91. He noted when some of the businesses remove snow, they shovel only a shovel’s width, which is illegal. He pointed out the American Disability Act requires the clearing of 32 or 36 inches, which is the width of the sidewalk. He noted there is a house on Till Street that has never shoveled their sidewalk. He stated he would like to see someone go out and make a list of what is being done and what is not being done. He noted some businesses at the state line aren’t even bothering to remove snow, and the handicap access from the street to the sidewalk isn’t being done. He pointed out some homeowners and businesses are very conscientious. He went on to note when trucks plow parking lots, they shovel the snow up against the sidewalk access. He stated he would like the Town to take some action in this area.
Stated the development on Town Farm Road which she referred to was not built by Starr, but rather it was built by Bilmore Home Building. She noted she was one of the first residents, and about 90% of those homes were sold before they were built.
Councilman Mangini stated last week she addressed Boy Scout Troop 818 regarding their civics assignment. She noted she provided a copy of the Town Charter. She stated this was an enjoyable experience.
Councilman Mangini stated she attended the UCONN basketball game last night and at half time Integrity Martial Arts from Enfield did a demonstration. She noted they did an excellent job, and she was proud of them.
Councilman Ragno stated his understanding there will be a detailed report regarding the delinquency tax and Town property issue on the Council’s February agenda.
Councilman Ragno stated he would like an update on EMS. He noted information he would like included on that update would be mutual aid over the past few months and any outside employment, i.e., hours, position, etc.
He commended Town staff regarding the work done with winter storms.
Councilman Ragno stated he would like to see a review on “pass-throughs”. He explained when dollars come into certain departments, it’s bundled into the General Fund. In the future, for the sake of accountability, he would like to see something more defined where it’s actually being allocated back to those departments that are raising that revenue.
He stated he would like to see a report regarding bulky waste over the past four to six months. He noted he would like to know how many runs are being made and the amount being picked up.
Councilman Ragno stated the North Central Chamber of Commerce is hosting a Legislative Breakfast this Thursday at 8:00 a.m. at Comcast at 90 Phoenix Avenue. He noted this is a good forum to speak with local legislators.
Councilman Nelson stated he wants a detailed explanation as to what happened to the bond on Town Farm Road. He noted, as a developer, he has to post a bond that will cover the entire cost of the infrastructure of that subdivision. He understands if the work isn’t completed, the Town will complete it. He questioned if the Town isn’t completing the work, what’s the point of the bond.
Councilman Nelson stated he can see a need for sidewalks on Town Farm Road. He pointed out they’re looking at a $2 million dollar bike path so people can get to the river, and that’s the closest neighborhood to the Scantic River. He agreed money is an issue, but that is what that bond should have covered. He added his belief that when that development was built, that money would have covered those sidewalks.
As concerns sidewalks at the state line, Councilman Nelson stated he is the first building at the state line and his sidewalks are at least four feet wide. He agreed with Mr. Tkacz about sidewalks not being shoveled. He stated he made a phone call to the Town Manager as he was driving down Route 5 about this issue. He added he saw that the new sidewalks built over the Route 91 overpass haven’t been cleared. He noted they are working on getting the state out on a more timely manner.
Councilman Nelson referred to the blight ordinance and noted there are homes in Enfield where residents walk a fine line. He noted it’s embarrassing to have these types of houses in a person’s neighborhood. He pointed out nice homes have to tolerate having blight next door. He stated owners of blighted properties have no respect for their neighbors. He referred to problem properties on Louise Drive and Till Street. He stated perhaps the blight ordinance has to be tightened up and stiffer to protect everyone’s investment in Enfield.
Councilman Crowley stated an earlier speaker brought up a good point about the tipper barrel program and he believes she was referring to left over money. He stated he would like to see the Town Manager designate that money toward the Town Farm Road sidewalks. He went on to state his belief Planning & Zoning released the bond.
Councilman Crowley stated there are sidewalk issues all over Enfield. He noted Fermi High School doesn’t have sidewalks nearby.
Councilman Bosco stated Post Office Road has severe pothole problems. He noted he would like to see DPW mark the potholes they’ve cold patched and return in the spring to fix them right.
Councilman Bosco stated his belief they should revisit the sidewalk ordinance. He added his belief some people may need more than 12 hours to clear walkways after a storm.
As concerns Town Farm sidewalks, Councilman Bosco noted the Town Manager will produce another map which shows the sidewalks along the street.
Councilman Lee referred to the Town Farm sidewalks and questioned if there’s an opportunity to include that stretch of construction as an add alternate to the bid package for Town Farm Road.
Councilman Lee stated another ordinance that should be reviewed is the alarm ordinance.
Councilman Crowley stated the Public Works and Enfield Police Department did a great job with the past snowstorm. He noted he did receive a lot of calls the day after the storm about the use of a P.A. system to get people to move their cars during the parking ban. He stated his belief the whole neighborhood shouldn’t have to be woken up because a few people didn’t move their cars. He suggested those cars be towed. He also suggested using Channel 16 to announce parking bans.
Chairman Kaupin stated he received an outstanding response concerning the Mayor’s Advisory Council. He noted the first meeting is scheduled for Monday, January 28th at 7:00 p.m. in the Enfield Room. He stated he will report back on what ideas and suggestions are raised.
Chairman Kaupin stated at the last meeting the Council passed its new policy and procedure, and part of that was to establish quarterly information sessions in each of the districts. He noted the schedule is as follows: District 1 – February 25th; District 2 – May 27th; District 3 – August 25th; District 4 – November 24th. He stated this is the last Monday of the month, except for the Tuesday after Memorial Day.
Chairman Kaupin stated the Council held a goal setting session a couple weeks ago. He thanked the Town Manager for coordinating this session. He also thanked Rob Brooks, the Facilitator, who was secured through Asnuntuck Community College. He stated the different department heads are working on the Council’s goals to formulate how they would actually implement and fund the goals. He requested the goals be posted on the Town’s website. He thanked all the department heads for participating in this session. He noted they had a good exchange, and everyone had an equal voice.
Chairman Kaupin stated last Friday he attended an ecumenical prayer service at the Felician Sisters to celebrate their 75th anniversary in Enfield. He noted Councilmen Bosco, Dumont and Lee were also in attendance.
Chairman Kaupin stated on Thursday, January 31st at 7:00 p.m. at the Hazardville Fire Department, State Representative Jarmoc, the DEP, and the Enfield Conservation Commission are co-hosting a public information meeting on the proposed Scantic River Park. He noted this is open to the public.
He noted they were supposed to have a legislative update tonight, however, the legislators were called into special session today. He stated they have rescheduled this session to February 4th.
Chairman Kaupin requested the Town Manager provide a dollar figure for Town Farm Road sidewalks so that the Council can consider this at budget time. He stated if the Public Works subcommittee is looking at CIP allocations, this is also a project that can be considered if they’re looking to reallocate to get projects completed.
Chairman Kaupin suggested the Developmental Services Subcommittee review the blight ordinance and the Public Safety Subcommittee review the alarm ordinance.
Mr. Coppler stated Congressman Courtney’s office sent notice that appropriation requests are due to his office by February 22, 2008. He noted he requested staff to start putting together any projects they think might be worthy of forwarding on. He stated a couple items also came out of the goal setting session. He noted they need to set up some type of process at the Council level to review those before they are sent to Congressman Courtney’s office. Chairman Kaupin questioned when these requests will be drafted, and Mr. Coppler estimated in the next week. Chairman Kaupin suggested this be an item for discussion for the February 4th Council meeting.
Councilman Mangini suggested a recap of what the Town asked for last year in Washington. Mr. Coppler stated there were a few projects that weren’t funded and they can bring those forward. He stated his belief one item at the top of the list will probably be the impending changes in the radio system. He stated there are currently funding sources to help defray the cost of bringing the radio system up to standard.
Councilman Nelson stated his hope the Council will have that list soon.
As concerns the allocation of fuel for next year’s budget, Mr. Coppler stated they will allocate the fuel costs to that department using the fuel. He noted they will look to eventually allocate all of their costs in this manner. He stated they’re trying to break costs out to the appropriate departments and let those departments manage those costs.
As concerns accountability on the revenue side, Mr. Coppler stated when the money comes in for a certain purpose and it’s been used, they increase the budget based upon the revenue.
Mr. Coppler referred to the blight ordinance and noted P&Z has had interest in looking at this with the Town Council. He noted perhaps the Council might be interested in bring P&Z on board at the Developmental Services Subcommittee level.
Pam Brown, the Director of Social Services, was invited to come forward to speak about a few items on the agenda.
Referring to Item G. under Items for Discussion, Ms. Brown explained this is requesting that funds that were appropriated last year, but not spent, and that were then put into the Social Service Fund balance be transferred out of the Social Service Fund balance to Other Professional Services. She noted those funds will be billed by ITN (independent transportation program for seniors and people with visual impairment), which has now become an independent corporation. She stated it has applied for its 501C3, and the organization just hired its first executive director, and her name is Margaret Smith Hale.
Referring to Item H., Ms. Brown stated this item is also related to ITN, and this is a transfer request. She explained she’s requesting $5,129.60 that was appropriated in different funds be transferred to Other Professional Services because ITN will start paying its own bills, and the Town will no longer have to pay the bills for the program. She pointed out the Town will still be receiving the grant funds. She noted there has been an additional increase from the State of $25,000, and they’ll be accepting donations. She stated until the organization receives its 501C3, the Town will still receive the funding, but they could transfer the funds to Other Professional Services and the ITN organization will pay its own bills.
Councilman Crowley questioned if Item H. was part of last year’s budget, and Ms. Brown stated these funds were appropriated this year. Councilman Crowley questioned if they’re not going to use this, why it wouldn’t go back into the General Fund. Ms. Brown explained these were funds that were either donated specifically for ITN or they were a grant that was for this specific purpose. She pointed out this is not Town money.
Referring to Item I., Ms. Brown explained this relates to the State of Connecticut Department of Education Supplemental Youth Service Bureau Enhancement Grant. She noted the Department of Education has provided an additional $7,550 to each Youth Service Bureau in the state. She requested these funds be used to allow youth to go to a Peace Jam Conference and to allow youth leaders for the Youth Council and adult representatives to attend the National League of Cities Conference and also join a collaborative with 17 other Youth Service Bureaus to provide after hours clinical support.
Chairman Kaupin questioned if this will take place in March when Councilmen will be attending the National League of Cities Conference, and Ms. Brown responded yes.
Councilman Lee suggested inviting some of these people to attend some of the functions that the Councilmen will be attending. He noted this would make a great leadership model. Ms. Brown agreed that would be wonderful. She added they’re hoping to send four youths. Chairman Kaupin suggested Ms. Brown work with him and Councilman Mangini regarding this. Councilman Mangini agreed it would be good to have the youth participating. Chairman Kaupin requested Ms. Brown provide the particulars, and they’ll see if the schedules meet. Ms. Brown stated she would provide that information tomorrow.
Ms. Brown explained Item J., which relates to Social Services pension costs. She noted the cost for the Town pension fund will be $103,217. She noted an additional $3,217 needs to be transferred from the Social Service fund balance to cover the expense.
Mr. Coppler stated when they get this figure during budget process, it’s an estimate, and it’s not until this point in time that they know what the exact cost is.
Councilman Mangini questioned why they would be transferring money prior to the budget, and Mr. Coppler pointed out it has to be paid now.
Attorney Deneen stated he had an opportunity to meet with the Town Manager, department heads and staff. He thanked the Town Attorney’s office staff who has been extremely helpful bringing him up to speed and getting things going.
Councilman Mangini stated CCM had a meeting last Tuesday and they discussed regionalism, transportation and social service projects that are coming before the state. She noted one of the big topics relates to the property tax cap proposed by the Governor. She stated this issue will cross all party lines. She stated her belief what the Governor is proposing is not really going to be helpful to municipalities. She noted some of the issues they discussed had to do with how will the state fill in some of the gaps regarding this proposal. She stated they need to look at better economics and inconsistencies between the towns. She noted the richer towns are getting richer and the poorer towns are getting poorer. She stated her hope CCM will be able to pull together an improved plan that can be brought to the Governor.
MOTION #9630 by Councilman Nelson, seconded by Councilman Ragno to address Items 13 E., F., G., H., I., J., L. and M. under Miscellaneous.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9630 adopted 10-0-0, with Councilman Crowley absent at the vote.
APPOINTMENTS (TOWN COUNCIL)
MOTION #9631 by Councilman Lee, seconded by Councilman Jones to remove Item #7 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9631 adopted 10-0-0.
NOMINATION #9632 by Councilman Lee to reappoint Denise McGill (D) to the Commission on Aging for a term which expires 12/31/2010.
MOTION #9633 by Councilman Jones, seconded by Councilman Nelson to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9633 adopted 10-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Denise McGill reappointed to the Commission on Aging by a 10-0-0 vote.
MOTION #9634 by Councilman Nelson, seconded by Councilman Ragno to remove Item #9 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9634 adopted 10-0-0.
NOMINATION #9635 by Councilman Nelson to reappoint John Hartley (D) to the Enfield Beautification Committee for a term which expires 12/01/2010.
MOTION #9636 by Councilman Jones, seconded by Councilman Kiner to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9636 adopted 10-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared John Hartley reappointed to the Enfield Beautification Committee by a 10-0-0 vote.
MOTION #9637 by Councilman Edgar, seconded by Councilman Nelson to remove Item #12 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9637 adopted 9-0-0, with Councilmen Crowley and Mangini absent at the vote.
NOMINATION #9638 by Councilman Edgar to appoint Kathryn McGann (D) as a full member of the Loan Review Committee for a term which expires 12/31/2009.
MOTION #9639 by Councilman Jones, seconded by Councilman Nelson to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9639 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Kathryn McGann appointed as a full member to the Loan Review Committee by a 9-0-0 vote.
All other Town Council appointments remained tabled.
APPOINTMENTS (TOWN MANAGER)
All Town Manager appointments remained tabled.
Items C., D., E., F. and G. remained tabled.
NOMINATION #9640 by Councilman Nelson to reappoint Charles Johnson, III to the Connecticut Water Company Advisory Council for a term which expires 01/01/2010.
MOTION #9641 by Councilman Dumont, seconded by Councilman Nelson to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9641 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Charles Johnson, III reappointed to the Connecticut Water Company Advisory Council by a 9-0-0 vote, with Councilmen Crowley and Mangini absent at the vote.
NOMINATION #9642 by Councilman Jones to appoint Ron Gregory (R), as an Alternate, to the Planning & Zoning Commission for a term which expires 12/31/2011.
MOTION #9643 by Councilman Dumont, seconded by Councilman Nelson to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9643 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Ron Gregory appointed, as an Alternate, to the Planning and Zoning Commission by a 10-0-0, vote with Councilman Crowley absent at the vote.
ITEMS FOR DISCUSSION
DISCUSSION: DEP WATER SUPPLY CONSENT ORDER FOR A SECTION OF BROAD BROOK ROAD, SALERNO DRIVE AND REBECCA DRIVE
Mr. Coppler stated in January of 2007, the Town started discussions with DEP regarding contamination of the private water systems off of the Broad Brook Road and Still Meadow area. He noted DEP has been involved for a couple years before they came to the Town of Enfield. He stated DEP was providing filtration and/or bottled water for those residents when it became clear their wells had been contaminated by an industrial user a little outside the area where the houses are located. He stated when these homes were first built and they received their certificates of occupancy, and when the Health Department said everything was fine, everything was actually fine. He explained as those wells started being used and the water from the aquifer was being pulled, the contaminated material was drawn into their system.
He stated DEP approached the Town from a partnership perspective to address this issue. He noted DEP wanted to get all these residents onto a public water supply, which in this case is Hazardville Water, the supplier in that area.
He noted the Council previously raised the question of whether the Town had to agree to a consent order with DEP. He explained that in a voluntary consent order, the Town wouldn’t have to, but in a consent decree, the Town would have to do whatever DEP says. He stated this was one of the things that DEP was trying to avoid and that is why they went with a negotiated consent order.
Mr. Coppler stated the Town started working with DEP and Hazardville Water to get answers and learn about the plan. He noted depending upon how Hazardville Water builds the water line, it could have subsequent side effects on vacant properties in the area, and that might have some impact on development potential in the future. He stated with these things in mind, they’re taking a two-phase approach: 1) The actual water system development; 2) The consent order with DEP.
Mr. Coppler stated the Council has within their packets the latest draft from DEP on the consent order. He noted he also supplied the replies and questions that were forwarded to DEP prior to the final draft and subsequent to the meeting that Council had with the presentation by a representative from DEP and Hazardville Water.
Mr. Coppler stated in the end, this will not cost the Enfield taxpayer any money in terms of what the Town has to put forward. He noted this will all be reimbursed back to the Town, either through state grants or DEP grants. He stated DEP representative, Kevin Neary, indicated everything is going to be reimbursed if the Town follows the procedures they recommended and follows through with the voluntary consent order.
Mr. Coppler stated they would also have to work with Hazardville Water to put the plan together for the water line extension. He noted an agreement has been put together, and it was reviewed by the Town Attorney’s office a number of months ago. He noted he has to follow up with DEP to see if they’re in agreement.
He stated the issue with DEP is the size of the line. He noted based upon their grants, they will only allow a certain size line be installed, and anything above that size, they’ll look at as a fire flow, which they don’t pay for. He stated they’ve been working with Hazardville Water and DEP to be sure they have the right size line installed.
Mr. Coppler stated at this time, they’re leaning toward an option that’s in the range of about $650,000. He noted this will ultimately be reimbursed. He stated they’re trying to work this so DEP pays this directly.
He stated DEP would like this signed as soon as possible.
Councilman Mangini stated some of those people have already sold their properties. She questioned if the Town is keeping up with the current occupants of these homes. Mr. Coppler responded yes and noted he was going to ask Mr. Neary to go back and re-verify that list to be sure they have the most current list. He went on to note the names on the properties are secondary only to the point where there has to be an agreement with the owners of the property.
Councilman Nelson noted previously there were several plans brought to the Council as to how the line should be run. He questioned who came up with Town Farm Road to Salerno Road. Mr. Coppler stated his belief that was between DEP, the Department of Health and Hazardville Water. He noted Hazardville Water really wanted to make that connection through a particular property, and DEP initially wasn’t very interested in doing that, however, that may be changing. He stated they’re really trying to get a circular flow without dead ends.
Councilman Nelson stated there was also a discussion about the impact on the wetlands if they went through Kennedy. He questioned why they aren’t pulling off Taft Lane. Mr. Coppler stated his recollection there may have been a situation about the size of the line on Taft Lane. He went on to note he can provide answers before going onto the next phase.
Councilman Nelson referred to the first paragraph of the consent order and noted it says, “The Commissioner of Environmental Protection has been unable to determine the person or municipality responsible for such pollution, therefore, the Town is hereby ordered…” He noted the Town knows where this pollution came from, therefore, this section doesn’t apply.
Mr. Coppler stated it hasn’t yet been finalized as to who will ultimately be pursued for all this.
Councilman Nelson questioned whether the Town has to put money up front for this project. Mr. Coppler stated he questioned DEP as to whether there’s any way to be a pass through so the Town basically does the project and the bills come through the Town’s hands to DEP. He noted DEP is still looking at this, but they haven’t yet provided an answer.
Mr. Coppler stated it appears the Town will have to appropriate money for this, and then be reimbursed for it.
Councilman Nelson read the following paragraph: “Nitrates cannot be treated with a filter. Nitrates are most likely present at high levels within neighborhoods due to the historical, agricultural activities in that area.” He noted he’s familiar with this area, and when those homes were built, a few of them couldn’t pass the water test right from the start because of the high nitrates. He stated they had to put in reverse osmosis systems under the kitchen sink so that they could have potable water at the kitchen sink. He noted this involves a developer who is one of the biggest tax delinquents in Enfield for many years and it appears the Town is bailing him out. He stated the State of Connecticut is asking Enfield to put up more money. He noted Enfield is still waiting for Fermi’s money, and the Town had to wait a long time for the check for Asnuntuck. He questioned how the Town can be forced to do this. He noted he is not in agreement with this, and he won’t sign this. He pointed out it says the Town is going to start supplying drinking water. He noted the State is already supplying this. Mr. Coppler stated they would continue supplying that water up until the point in time that Enfield has a consultant on board to do the preliminary engineering. He noted at that point in time, everything that’s spent is going to be reimbursed back to the Town as part of the preliminary engineering and design phase.
Councilman Nelson questioned why they don’t just pay for the project and keep the Town of Enfield out of it. Mr. Coppler stated if the Town doesn’t partner with the state, they can simply order the Town to do this and there won’t be any funding.
Councilman Nelson questioned who benefits from this water main if there’s future development. He pointed out Hazardville Water Company will collect revenue on that water main for hundreds of years from anyone who hooks to it.
Mr. Coppler stated Hazardville Water has been working with the Town to try and resolve this to the point where it’s not going to impact the Town. He noted in order to get the money through DEP, the Town has to have more of an active role. He went on to note the state isn’t looking at a line for future development, but rather just to serve that area. He acknowledged this is an unfortunate situation, however, it’s in the best interest of the Town to participate willingly with the state.
Councilman Crowley questioned why Hazardville Water Company can’t pay for this up front. Mr. Coppler stated the funding source has to come through the Town, and the engineering has to be done by the Town. He noted the challenge is the protection the state is looking for as part of the grant, and the only way to meet that protection is through the Town, in terms of the public bid requirements, etc.
Councilman Crowley questioned what the state wants from the Town and the dollar amount involved. Mr. Coppler stated according to the state, the Town will be reimbursed for everything as long as the Town does exactly what they say.
Councilman Crowley stated he doesn’t see what risk Hazardville Water is taking. He noted they’re not taking any risk and they’re benefiting. He stated his opinion Hazardville Water Company should come up with this amount of money.
Councilman Crowley stated he’s all for this project, however, he wants to see Hazardville Water also responsible.
Councilman Ragno questioned if there are any leads on the responsible business. Mr. Coppler stated the Town is not doing anything in that area because that is in the hands of the DEP. He noted the state will be going after the responsible party.
Councilman Ragno questioned what the Town is doing to protect itself because it seems they’re relying on the state for just about everything. He questioned why the Town can’t file a lien against the responsible party. Attorney Deneen indicated he’d look into this.
Mr. Coppler stated he will provide more information at the next meeting.
Chairman Kaupin raised the possibility of DEP allowing a larger pipe, which might be an incentive for Hazardville Water Company.
Councilman Nelson stated he would like to see the water test results from seven contaminated homes from when they first purchased the home and a recent water report showing the contaminants.
RESOLUTION/DISCUSSION: TRANSFER OF FUNDS FOR TIPPER BARRELS, $48,700
Mr. Coppler stated there will be a resolution available for this at the next meeting.
Mr. Coppler stated the Council has been supplied with a draft for their review. It was agreed this item will be discussed at the next meeting.
Councilman Nelson questioned whether this draft is available to the general public at this time, and Mr. Coppler responded no, because it’s in draft form. He added he can provide a copy of this to Jack Sheridan.
CLEAN ENERGY COMMITTEE- A VACANCY EXISTS DUE TO A NEWLY FORMED COMMITTEE. APPOINTMENT WOULD BE FOR TWO YEARS FROM DATE OF APPOINTMENT
Chairman Kaupin stated they received three applications. He noted they need seven members and are looking for more volunteers.
RESOLUTION #9644 by Councilman Mangini, seconded by Councilman Jones.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Professional Services $9,377.14
Supplies $ 422.86
Salaries – Full Time $2,200.00
FROM: Furniture $12,000.00
I hereby certify the amount of $12,000.00 is available from Account #1600-6036-733 as of January 11, 2008.
/s/ Lynn Nenni, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #9644 adopted 11-0-0.
RESOLUTION #9645 by Councilman Nelson, seconded by Councilman Mangini.
TO: 3300-0339
Other Professional Services $4,588.52
FROM: 3300-0120
Salaries – Part-time $4,588.52
I hereby certify the amount of $4,588.52 is available from Account #3300-0120 as of January 7, 2008.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #9645 adopted 11-0-0.
RESOLUTION #9646 by Councilman Lee, seconded by Councilman Mangini.
TO: Community Based Transportation Network
Other Professional Services $5,175.56
FROM: Social Services Fund Balance $5,175.56
I hereby certify the amount of $5,175.56 is available from Account #220-01-40-4100-19020-00 as of January 16, 2008.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #9646
adopted 11-0-0.
RESOLUTION #9647 by Councilman Dumont, seconded by Councilman Mangini.
TO : Community Based Transportation Network
Other Professional Services $5,129.60
FROM: Independent Transportation Network
Revenue
Postage: $54.00
Advertising: $750.00
Printing and Reproduction: $609.00
Travel: $100.00
Office Supplies: $489.68
Food/Food Supplies: $160.24
Dues and Fees: $2,966.68
$5,129.60
I hereby certify the amount of $5,129.60 is available from Account #220-01-40-4100-6080-000-00 as of January 16, 2008.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #9647 adopted 11-0-0.
RESOLUTION #9648 by Councilman Jones, seconded by Councilman Ragno.
TO: Youth Services
Field Trips $3,225.00
Professional Development $ 250.00
Professional Services $2,000.00
Travel $2,075.00
FROM: Youth Service Bureau
Enhancement Funds $7,550.00
I hereby certify the amount of $7,550.00 is available from Account #220-01-4500-0684-0000-00 as of January 15, 2008.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #9648 adopted 11-0-0.
RESOLUTION #9649 by Councilman Ragno, seconded by Councilman Dumont.
TO: Social Service Pension $3,217.00
FROM: Social Service Fund $3,217.00
I hereby certify the amount of $3,217.00 is available from Account #220-01-4000-19020 Social Service Fund as of January 15, 2008.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #9649 adopted 11-0-0.
MOTION #9650 by Councilman Jones, seconded by Councilman Nelson to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9650 adopted 11-0-0.
RESOLUTION #9651 by Councilman Mangini, seconded by Councilman Dumont.
Transfer of Land for the Enfield Lodging LLC
copy appended
Mr. Coppler stated after transferring the property to Enfield Lodging, LLC to build the hotel and ultimately a restaurant, the Army Corps of Engineers decided they wanted to place a deed restriction or covenant to make sure that there was no type of development and for the protection of the land in the future. He noted all the land had already been transferred over and the open space pieces were transferred back to the Town. He stated the Army Corps didn’t want the Town to have that land when they put the deed restriction on because the Town couldn’t enforce itself. He noted in the past he may have said that the property would come back to the Town after the deed restriction was placed on it. He clarified it will stay with Enfield Lodging, LLC, and the Town will be the ones enforcing the covenant or development restrictions to make sure it’s protected in the future.
Councilman Lee requested the Town Manager inform the Council if there’s any issue with this hotel opening without the restaurant.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #9651 adopted 11-0-0.
RESOLUTION #9652 by Councilman Mangini, seconded by Councilman Nelson.
WHEREAS, the Enfield Town Council established the Solid Waste Advisory Committee by adoption of Resolution #8778; and
WHEREAS, the State of Connecticut has adopted amendment to the State Solid Waste Management Plan; and
WHEREAS, the Enfield Town Council, amended the reporting date for the Solid Waste Advisory Committee in regards to the charge to review the current Town Code of Ordinance pertaining to Solid Waste and determine recommended amendments or deletions thereto, to April 2, 2007; and
WHEREAS, the Solid Waste Advisory Committee submitted proposed revisions to the Town Code of Ordinance to the Town Attorney for review prior to the required date, and the Town Attorney has completed the review with recommended deletions and additions amended thereto;
THEREFORE, BE IT RESOLVED, that the Enfield Town Council does hereby schedule a Public Hearing on Monday, February 4, 2008 at 6:30 p.m. in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut to allow interested citizens an opportunity to express their opinions regarding the proposed ordinance amending Chapter 70, Solid Waste Article I, Section 70-1 through 70-13; Article II, Sections 70-31 through 70-38 of the Enfield Town Code.
AMENDMENT #1 by Councilman Jones, seconded by Councilman Nelson to change the date to Tuesday, February 19, 2008 at 6:30 p.m.
Chairman Kaupin questioned how this impacts implementation, and Mr. McAlmond stated after the ordinance is enacted, there’s a 30-day waiting period before it takes effect.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #9652 adopted 11-0-0.
Stated she was not rebutting comments made by the individual who spoke about sidewalks on Town Farm Road. She noted this person misunderstood her comments. She pointed out the Bilmore homes weren’t even built during the period of time she was referring to. She noted the Town spoke about building sidewalks on part of Town Farm Road, however, it wasn’t in the area raised by this individual. She pointed out the sidewalks she was referring to were near Abbe Road up to the first house that Ledger Starr built. She noted no one bought those houses, and the Town evidently gave up and did not build those sidewalks. She went on to point out the Bilmore Builders are on the latest delinquent tax list. She questioned why Enfield taxpayers should pay for sidewalks that Bilmore should have built. She suggested collecting the delinquent taxes from Bilmore and put it toward the sidewalks.
Ms. Jedziniak questioned if the state took back the million dollars they promised the Strand Theater. She questioned if the Town Council passed a resolution to allow the Strand Committee to borrow up to $250,000 from the Town of Enfield at no interest. She stated her belief up until now, $164,000 was borrowed, and it’s her belief no money has been paid back. She feels this type of borrowing is unethical.
Ms. Jedziniak stated her hope the Town Council foregoes any unnecessary spending at this time since the Taxpayers’ Association recently had access to a list that has 905 homeowners in Enfield with at-risk mortgages. She stated her belief many people in Enfield are in big trouble, and she urged the Town not to get those people into any more trouble.
There were no comments.
MOTION #9653 by Councilman Dumont, seconded by Councilman Kiner to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #9653 adopted 11-0-0, and the meeting stood adjourned at 9:27 p.m.
Appended to Minutes of
January 22, 2008 Regular Town Council Meeting
RESOLUTION NO. _________
Resolution to Transfer 0.521 acres to Enfield Lodging, LLC
WHEREAS, As part of the BR-1 development project, Enfield Lodging LLC conveyed approximately eleven acres of open space land to the Town of Enfield; and
WHEREAS, the Army Corp of Engineers requires that a conservation restriction be placed on approximately 0.521 acres of land, most of which is part of the eleven acres that Enfield Lodging conveyed to the Town; and
WHEREAS, the Army Corp of Engineers would like the Town to be the grantee of the conservation restriction, but does not want the Town to be the owner of the property that will be subject to the conservation restriction; and
WHEREAS, in order to satisfy the Army Corp of Engineers’ requirement, the Town of Enfield will have to transfer ownership of the 0.521 acres to Enfield Lodging, LLC; and
WHEREAS, Town Council, pursuant to Connecticut General Statute §8-24, referred this transfer of property to the Planning and Zoning Commission, who at their October 18th, 2007 meeting approved a favorable recommendation to the Town Council for this transfer; and
WHEREAS, pursuant to Public Act No. 07-218 a public hearing regarding this transfer was held on December 17, 2007; and
NOW THEREFORE BE IT RESOLVED, that the Enfield Town Council hereby approves the transfer of the 0.521 acre parcel of land to Enfield Lodging, LLC and further authorizes the Town Manager to sign the attached quit-claim deed to Enfield Lodging, LLC and all other required closing documents;
IT IS FURTHER RESOLVED, the Town of Enfield accepts the attached Declaration of Restrictions and Covenants from Enfield Lodging, LLC.