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MINUTES ADOPTED AS PRESENTED 06/15/09
ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
MONDAY, JUNE 1, 2009
PRAYER – The Prayer was given by Councilman Edgar.
PLEDGE OF ALLEGIANCE – The Pledge of Allegiance was said.
ROLL-CALL – Present were Councilmen Bosco, Crowley, Dumont, Edgar, Kaupin, Kiner, Jones, Lee, Mangini, Nelson and Ragno. Also present were Town Manager, Matthew Coppler; Assistant Town Manager, Daniel Vindigni; Town Attorney, Kevin Deneen; Director of Public Works, Pia Hawkes; Deputy Director of Public Works, Geoffrey McAlmond; Superintendent of Water Pollution Control, Marvin Serra; Director of Development Services, Ray Warren; Zoning Enforcement Officer, Virginia Higley
FIRE EVACUATION ANNOUNCEMENT
Chairman Kaupin made the fire evacuation announcement.
MINUTES OF PRECEDING MEETINGS
MOTION #411 by Councilman Ragno, seconded by Councilman Mangini to accept the minutes of the May 13, 2009 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #411 adopted 10-0-1, with Chairman Kaupin abstaining.
MOTION #412 by Councilman Jones, seconded by Councilman Mangini to accept the minutes of the May 18, 2009 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #412 adopted 10-0-1, with Chairman Kaupin abstaining.
MOTION #413 by Councilman Ragno, seconded by Councilman Nelson to accept the minutes of the March 18, 2009 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #413 adopted 11-0-0.
SPECIAL GUESTS
Jeremy Bui – The Prudential Spirit of Community Award
Chairman Kaupin read the following letter:
“Dear Mayor Kaupin: We are delighted to inform you that a student from your city has been named one of America’s top ten youth volunteers for 2009 by the Prudential Spirit of Community Awards. Jeremy Bui of Enfield was selected for this prestigious honor from an initial field of close to 20,000 youth volunteers across the country for his exemplary dedication to serving others. Jeremy, 18, a senior at Enfield High School, truly epitomizes the spirit of community that our award program is designed to honor and promote. He created a foundation with his two brothers that has raised enough money to fund elementary school scholarships for six impoverished children in Vietnam and to buy a year’s worth of textbooks and school supplies for four other students in that country. Jeremy’s national award was announced on May 4th at the United States Chamber of Commerce in Washington, D.C. where he received a personal award of $5,000, an engraved gold medallion and a crystal trophy for his school. In addition, the Prudential Foundation will provide a $5,000 grant to a non-profit charitable of Jeremy’s choice.”
Chairman Kaupin presented a plaque to Jeremy entitled, “Above and Beyond”. He then invited Jeremy to share his experience.
Jeremy stated he and his brothers started a foundation two years ago after visiting and seeing the poverty in Vietnam. He noted his mother’s parents helped her escape Vietnam on a fisherman’s boat. He stated his father also escaped Vietnam when the American’s pulled out. He stated his parents taught their children the importance of education and raised them right.
He noted Prudential had him in Washington, D.C. from May 2nd through May 5th. He explained Prudential chose two students from each state – one high school and one middle school. He noted he met many distinguished and amazing people. He stated he met people who raised thousands of dollars to benefit cancer or made teddy bears to benefit people in Africa. He noted this was a touching experience. He stated the most exciting part of the trip was meeting former First Lady, Laura Bush, who presented youth with state awards of $1,000. He noted Mrs. Bush talked about the importance of people helping their community. He pointed out that is what his foundation is about. He noted his foundation sends poor village children to school through academic scholarships. He explained every year students send in their applications for scholarships, and a scholarship is sent to them based on certain criteria since they cannot afford to attend schools.
He thanked the Town of Enfield and Enfield High School for giving him the opportunity to represent Enfield in Washington, D.C.
Chairman Kaupin stated Jeremy is a senior at Enfield High who will be graduating in a few weeks. He invited Jeremy to share the prestigious honor he will be receiving for his graduation. Jeremy stated before he left for Washington, Mr. Duffy, Principal at Enfield High School, announced he was the Valedictorian of his class. He noted he will be attending UCONN and majoring in accounting.
Chairman Kaupin congratulated Jeremy and his parents for these accomplishments.
Enfield Dog Park Action Committee Presentation
Present were Rob Stefanik and Karen Pugliese. Mr. Stefanik stated the Enfield Dog Park Action Committee (EDPAC) would like to recognize and appreciate the outstanding demonstration by Officer Moylin and Niko during the second annual Puppy Day Fun Day on May 30th. He presented Officer Moylin and Niko with an award.
Chairman Kaupin noted the Puppy Day was a tremendous event with a great turnout. He also thanked Officer Moylin for being at the event and making Enfield proud.
PUBLIC COMMUNICATIONS & PETITIONS
Wendy Osada, 8 Windmill Road
Requested Council involvement regarding damage to her car due to a pothole. She noted the incident occurred May 5, 2007. She stated the bill for the repairs performed by Bosco Automotive totaled over $1,400. She noted the Town of Enfield is charged with the duty of maintaining its public roads, and this fact is acknowledged in the highway maintenance section of Enfield’s website. She went on to note that Connecticut General Statute, Section 13A-149 provides that any person injured in property by means of a defective road may recover damages from the party bound to keep it in repair.
Ms. Osada stated from the moment this incident occurred, she followed all requirements as established by the Town of Enfield to seek reimbursement and within required time frames. She noted the responding officer’s report states he found a large pothole just east of #46 Mullin Road, approximately four to five inches deep with jagged asphalt edges. The pothole was about two to three feet long and one and a half to two feet wide.
She noted as per the procedure for claims against the Town of Enfield on May 17, 2007, they submitted the appropriate documentation seeking reimbursement. She stated they received a letter dated May 29, 2007 from the Town of Enfield insurer denying their claim. She noted their second request to the insurer to honor their claim was never acknowledged.
Ms. Osada stated on December 6, 2007, they filed a claim with Connecticut Superior Court Centralized Small Claims. She noted this is the appropriate venue for this matter as the amount of claim falls well below the maximum limit for small claims court, and the rules of evidence are simpler and geared to the general public with no formal legal training. She noted on May 6, 2008, the Town’s insurer’s legal representation filed a motion to transfer the matter to the regular docket of the superior court, and this motion was granted. She stated over the next 12 months, actions initiated with the court by the Town’s insurer’s legal representation, which when taking into account their required responses for each action, have resulted in over 20 motions, requests or responses filed with the Connecticut Superior Court. These actions include requesting they revise their written complaint with either more and/or less information five times. She stated her belief this is ridiculous for a $1,400 claim.
Ms. Osada stated after the court ruled in her favor and overruled their last motion requesting yet another revision, they finally have a complaint that can proceed for the court to rule on, however, the Town’s insurer’s legal representation has now filed a motion to dismiss the claim based on the fact that she filed as a co-plaintive, and was not in the vehicle at the time of the incident. She pointed out she and her husband jointly own the damaged vehicle, and she is not seeking damages for personal injury, just for damages to their jointly-owned vehicle.
She stated it is now apparent to her that they will continue to file nuisance motions and draw this process out in hopes they will abandon the pursuit of this claim at the expense of the taxpayers of Connecticut. She noted she and her husband are representing themselves in this matter. She stated this has cost them a considerable amount of time, money and effort, including days missed from work. She noted even more concerning, this constitutes an abuse of the Connecticut judicial system and is wasting the money of the taxpayers of the State of Connecticut.
Ms. Osada concluded stating she and her husband request the Town Council and Town staff collectively combine their efforts and utilize their influence to bring this matter to a timely and fair resolution.
Maureen Brennan, 11 Sandpiper Road
Thanked Councilman Bosco for his response and follow-up regarding her complaint.
Ms. Brennan stated she was disappointed the consideration to keep the leaf-vacuuming program wasn’t brought up earlier on in the budget process. She noted she heard people speak against keeping this program. She acknowledged there are people who do benefit from this service.
She referred to the $1.7 million dollars that’s going to be used on the textbooks, science labs, gazebo and other projects and noted the Town does not yet have that money. She questioned if it’s normal protocol to list items when the money isn’t in hand.
Ms. Brennan stated she was disappointed to hear about $1.8 million dollars showing up right before the budget was set. She stated her understanding the Director of Finance did an audit of the CIP accounts and discovered the $1.8 million dollars was available. She
stated she wished that was done earlier on in the budget process, therefore, providing transparency to the public so they’d have a better idea where they were budget-wise. She noted one of her biggest concerns relates to the $1.5 million dollars of that which is to be put in the General Fund along with the $2.5 million dollars that they’re taking out of the Fund Balance totaling $4 million dollars are that those are one-time revenue sources. She pointed out Chairman Kaupin stated at the May 13th meeting that a one-time revenue source should not be used on the general operating budget. She noted it appears the Town is already $4 million dollars behind next year.
Ms. Brennan stated she finds it inappropriate when elected officials tell residents to go to the union reps since union reps are not publicly elected officials. She feels it would be more appropriate to advise constituents to lobby for union law change. She pointed out the teachers’ contract is a binding and legal document.
Donald Christmas, 25 Lincoln Street
Questioned why the School Board would have a meeting to close a school when it’s not going to happen. He noted he hears preaching about everything being for the children, however, nothing is given up. He stated they do whatever they want to do. He stated he thought the Town Council ran the Town, however, he gets the impression the Board of Education runs the Town.
William Gallacher, 17 Carmela Terrace
Stated the Pearl Street Library had a sign about the Plan of Conservation & Development, and he requested a copy. He noted the Pearl Street Library told him they didn’t have a copy, and that it’s available at the main library. He questioned why the Pearl Street Library didn’t have a copy and was told they received notice from Director Jose Giner to put up a sign. He noted he then went to Town Hall and visited various offices, however, he was unable to get a copy of the plan. He was then told he could get this off the computer, which he did. He pointed out this consists of 55 pages and the first statement reads, “Dear Enfield Resident”. He noted he spoke to over 100 people since then, and no one knows about it. He stated his belief this should have been made more available to all Enfield residents, and he feels it was handled very poorly.
Rob Stefanik, 12 Montclair Drive & Karen Pugliese, 6 Burnham Street
Ms. Pugliese stated the Puppy Day event was wonderful, and they had between 750 and 1,000 people in attendance. She noted the demonstrations were fantastic.
Mr. Stefanik stated the Enfield Dog Park Action Committee (EDPAC) has been officially approved as a 401c organization as requested by the Town Council.
He noted currently they are fundraising at a 200% increase this year over last year. He stated despite the sluggish economy, they’re doing very well. He thanked Mayor Kaupin and Councilmen Dumont and Mangini for participating in Puppy Day and being judges.
He thanked everyone for their support and noted the dog park should be opening very soon.
Margaret Jedziniak, 232 Abbe Road
Questioned if the Town Council keeps giving the Board of Education money through the CIP specifically for books because the Board is lax in furnishing the books for the pupils, or does the School Department have more pressing priorities than books for the children. She stated the Council has given the Board extra money year after year, and they very seldom buy books.
Ms. Jedziniak questioned when the public will hear the results of the School System audit.
She spoke about the Board deciding to take 40 more students from Hartford and questioned if the purpose of this is to keep another school open. She noted if these students don’t pan out, Enfield will have to keep them until the 12th grade. She feels this isn’t fair to the people in Enfield. She added her belief the economics are all wrong in that they will get $50,000 to take those extra students. She noted the cost to send students out of Enfield for school is costing the Town of Enfield more money.
Ms. Jedziniak stated perhaps in time, Enfield school lessons will be available on the internet, and they won’t need a Board of Education always asking for more money.
Referring to the leaf vacuuming system, Ms. Jedziniak stated in her neighborhood it’s the lazy young people who allow leaves to blow on everyone else’s lawns. She pointed out her family picks up and bags the leaves, and her family asks nothing from the Town or School System.
Rob Stefanik, 12 Montclair Drive
Stated sign-ups for the Fourth of July volunteers will be held tomorrow night at 6:00 p.m. in the employee lounge.
COUNCILMEN COMMUNICATIONS & PETITIONS
Referring to Project Choice, Councilman Bosco questioned whether the School Board will get away with spending millions of dollars by just a vote and taking in these students. He noted this is not just getting a little money to cover those students, but rather this will go on for 12 years, and it will cost millions of dollars on the tuition part. He noted it might also result in not closing a school because they are taking on more students. He requested a legal opinion regarding this. He urged everyone to call the Board of Education members that voted for Project Choice because it is not good for the Town of Enfield because it’s going to cost the Town millions of dollars. He pointed out previously Enfield residents had the opportunity to move their child from a class with high enrollment and bring them to a school that had a lower enrollment, however, Project Choice would be bringing students to a school with lower enrollment.
Councilman Bosco stated a couple years ago, he worked with Mr. and Mrs. Osada. He stated his belief this is ridiculous. He noted it was bad enough the insurance company caused this to go to the Superior Court.
Councilman Mangini thanked EDPAC for the opportunity to participate in their Puppy Day event. She noted she enjoyed watching everyone with their dogs and puppies.
Councilman Mangini suggested that perhaps Town staff can work with Voices of Thompsonville to research the paddleboat idea.
Councilman Mangini suggested a sign be erected near Colonial and Bass Drives, which advises drivers to slow down for children. She noted they have to deter speeding for the safety of children, particularly with the coming summer months.
Councilman Kiner referred to the Enfield Press release concerning the refuse schedule and suggested there be clarity about the pick-up schedule during weeks that have holidays.
Councilman Kiner requested the Town Attorney brief the Council about the Osada claim.
Councilman Ragno agreed with Councilman Bosco’s comments about Project Choice. He questioned whether this originates from the Sheff v. O’Neil decision. He noted he would like to see how that applies. He stated his belief this is a good case for why they should move for vouchers. He noted if they’re going to be taking students in from out of town, then perhaps the Town should get the funding that follows that. He pointed out that makes sense especially in this economy. He pointed out laws aren’t sacrosanct, they can be changed.
Referring to the Osada claim, Councilman Ragno noted this seems to be an exercise in bullying. He noted he would like to see this problem resolved.
As concerns Ms. Brennan’s comments about leaf vacuuming, Councilman Ragno stated he suggested the reinstatement of that program because he feels it’s a program some elderly citizens need. He pointed out these are the same constituents who voted on referendums such as the remediation of the fields, and he feels it would have been unwarranted to remove this service.
Referring to Mr. Gallacher’s comments about the Plan of Conservation & Development document being available, Councilman Ragno stated the Planning & Zoning Department should have a copy of the master plan of Conservation & Development.
Councilman Ragno commended the Enfield Dog Park Action Committee for all the work they’ve put into advancing the interest of the dog park. He noted this Committee has done a remarkable job.
Councilman Ragno stated he would like a report from the Solid Waste Department identifying blight issues. He noted that department is in the neighborhoods, and it’s easy for them to spot problems. He stated blight problems are not fair to people in town who pay their taxes because such problems directly effect property values. He noted they can inform the lien holders on such properties that they have a responsibility to maintain those properties. He stated if it means Building and Grounds has to take care of the problem and it’s necessary to put a lien on the property, then he expects the Town to do so.
Councilman Ragno noted he previously mentioned a problem about cars parking alongside the road near 711 on Elm Street. He pointed out there is supposed to be a curb in this area, however, it doesn’t exist. He stated his hope DPW can install a curb in this area because he believes this is an accident waiting to happen.
Councilman Ragno commended the Police Metro enforcement program which was done this past weekend on Hazard Avenue. He stated his understanding there was some complications due to an accident in that vicinity.
Councilman Dumont commended the EDPAC for their recent successful Puppy Day.
Councilman Dumont stated the Annual Youth Fishing Derby is scheduled for Saturday, June 6 at Freshwater Pond.
Councilman Dumont stated the Friends of the Library are having a used book sale from June 5 through June 7th at the Enfield Central Library on Middle Road.
Councilman Dumont stated the Parent Leadership Academy organized a free community event on Sunday, June 7th from 10 to 2:00 p.m. She noted this will be at the Hazardville Memorial School, and the mission is to get children and parents to play outdoors. She stated there will be free games, free prizes, free raffle, and they will be selling healthy snacks with proceeds going to the Enfield High School cheerleaders. She noted they’re asking people to bring a canned good to help the Enfield Food Shelf.
Councilman Dumont stated she recently heard a commercial on the radio for CRRA, and they were promoting single-stream recycling. She requested an update on this.
Councilman Edgar stated if they’re appropriating and earmarking funds for books, he would like an audit of those funds as to where the money went if there’s any doubt about this. He stated his recollection there was money leftover in the Board’s budget, and he believes it was around $225,000.
Councilman Edgar stated the issue surrounding the claim by Mrs. Osada is absurd. He noted since this is in litigation, he would like available for the next Executive Session a complete report, the officer’s report, any photographs, recommendations from the Risk Manager and anyone else involved with this from the Town. He stated this never should have gone this far. He noted he has never recalled anything like this ever going to court.
Councilman Edgar referred to the $1.8 million dollars that was found and noted prior to this there was an audit, and they found $3.2 million dollars, which was used to offset the bonds that would be floated to remediate the fields. He noted he’s not clear where they found that money. He stated they said they would put $1.5 million dollars in debt reduction and the other $300,000 in CIP for school projects. He stated his interpretation of debt reduction means that $1.5 million dollars goes immediately toward debt, and it doesn’t go into the General Fund and offset the normal appropriation. He noted it’s used to reduce debt so the Town has less interest. He requested an opinion from Bond Counsel on this at the next meeting.
Councilman Nelson agreed with Councilman Edgar about getting a complete report about the Osada claim. He stated he would like the insurance carrier present because they are present in many cases.
Councilman Nelson stated Gale Toyota is having a blood drive on July 11th from 10:30 to 4:15 at their 50 Palomba Drive location.
As concerns Ms. Brennan’s comment about the Town using money it doesn’t have yet, Councilman Nelson pointed out the ECS money isn’t here yet and they spent that, and they do so every year. He agreed about not using a one-time revenue, but things are so bad that they have to come up with things to get through the next couple years. He stated hopefully things will pick up, and they’ll get back on track.
Referring to the Plan of Conservation & Development, Councilman Nelson stated his belief they picked out target areas to do mailings.
Councilman Nelson commended the Enfield Dog Park Action Committee for all their efforts.
As concerns school choice, Councilman Nelson stated his belief the Board of Education can’t enter into a multi-year contract without Council approval. He noted accepting those students would be a 12-year contract. He requested this be researched.
Councilman Nelson stated his understanding if the Board of Education spends a certain amount of money, they have to come before the Council. He stated if it’s balanced out what it’s costing the Town, it’s costing the taxpayers over $3 million dollars to take these students. He noted if there’s a way to stop this, he feels it should be stopped.
Councilman Nelson noted JFK Middle School deals with problems every day, and Board members have told him they would never bring in more students from another community.
MOTION #414 by Councilman Nelson, seconded by Councilman Jones to move to Miscellaneous the following items: 14A1, 14A2, B5, B6, D, E, F, G, I, J, K, L, M.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #414 adopted 11-0-0.
Councilman Dumont referred to the $1.7 million dollars and noted although they didn’t get that money yet, the Council earmarked it for the CIP projects. She noted those projects are contingent on receiving the money.
As concerns money for textbooks, Councilman Jones noted the CIP account was for textbooks. He stated he does not recall the Board asking to use that money for anything but textbooks and maps. He stated his belief that money has all been spent accordingly.
Referring to Ms. Brennan’s comments about one-time revenue for operating expenses, Councilman Jones agreed. He pointed out the $1.7 million dollars is not actually being used for operating expenses, but rather it’s being used for capital improvement, and if they don’t receive that money, they aren’t going to spend it. As concerns the $1.8 million dollars that came out of the audit, he recalls part of the audit was also additional funds received from the State that they didn’t originally account for. Regarding paying down debt, he noted this was the Town’s peak year as concerns debt repayment, therefore, it’s not creating a $1.8 million dollar hole. He stated his belief the community as a whole will benefit from what the Council has done in this regard.
Councilman Jones stated he received a call from a resident regarding sidewalks from Till Street to Brainard Road along Washington Road. He noted there is a blind hill on this road and it’s a safety concern for pedestrians and bikers. He requested looking into this to see if there’s some funding for sidewalks. He noted this is not a long stretch of road and shouldn’t involve a lot of money for sidewalks.
Chairman Kaupin thanked the Enfield Veterans’ Council for a great job putting on the Memorial Day Parade, which honored veterans and those who lost their lives for this country. He noted it was a beautiful day.
Chairman Kaupin stated last Friday, he met with the Enfield Youth Council at a dinner where they presented a project they’ve been working on. He noted this project has to do with the dropout rate and the impact it has on the individual and economy. He thanked the Youth Council for their hard work.
Chairman Kaupin commended the Enfield Dog Park Action Committee for the successful Puppy Day event.
Chairman Kaupin stated he was contacted by one of the Town employees concerning the new one-arm vehicle that picks up the tipper barrels with one person driving. He requested an update on the education campaign that will go on in those neighborhoods where this vehicle will be picking up barrels. He stated his understanding the tipper barrels have to be placed in a particular manner. He requested the Town Manager address this under his comments.
Chairman Kaupin stated this is the first time he has head about the Osada claim, and noted this will be addressed under Executive Session.
Referring to comments by Ms. Brennan, Chairman Kaupin stated the revenue has to come in before the CIP projects start. He noted this is how they’ve budgeted over years in CIP and actually how they budget every year in education when they’re anticipating funding that comes in from the State. He noted the Town doesn’t receive the funding all at one time, but rather in installments throughout the course of a year.
Chairman Kaupin referred to the $1.8 million dollars and noted Ms. Brennan had mentioned the audit and CIP. He pointed out it’s not a CIP account, but rather it’s a bond project. He requested Mr. Coppler to provide the Council with a more detailed explanation as to the process of how they got to that $1.8 million dollars. He commended the Director of Finance and whoever else helped determine those funds were available.
Chairman Kaupin stated his belief Mr. Gallacher’s comments relate to the survey, and it’s not that the Plan of Conservation and Development isn’t available, but rather a survey was put out by the Plan of Conservation and Development group, and in order for that survey to be scientific, it has to be random, therefore, people were selected on a random basis. He noted it’s a small percentage. He stated in the interest of getting more input, they put a similar survey out, and they have it at different locations to be available for further comment. He explained that data would still be considered, but it couldn’t be part of the scientific survey because it has to be random.
Chairman Kaupin stated he received two text messages from Gregg Stokes, and he did say Project Choice is being reconsidered. He went on to state all the textbook purchases have been well documented, and those have to be approved by the Town, and only the Council can shift the money.
Referring to the Osada claim, Councilman Ragno questioned how many other complaints of this type exist, which are about a year old. He questioned if any others are in pending litigation.
Chairman Kaupin stated when the Council discusses the Osada issue in Executive Session, the Council is bound not to discuss with the Osada’s that which was discussed in Executive Session because it is pending litigation. He noted whatever can be relayed to Mr. and Mrs. Osada would have to come from the Town Attorney’s Office as an update as to where things are in the process.
Councilman Nelson advised Mr. & Mrs. Osada to come back to the Council if they don’t hear anything within six months.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Coppler stated there is a request for an update from Councilman Crowley regarding recycling in the schools. He noted he was notified by the Director of Public Works that the Solid Waste department has noticed an increase in the cardboards and paper recycling, however, it does sound like it’s hit or miss with the milk cartons. He stated Mr. Hawkes was planning to talk with the school system to learn why some schools aren’t complying with the recycling. He noted another update will be provided. He went on to state all the ball fields have recycling barrels.
Mr. Coppler stated Councilman Bosco made a couple requests at the last meeting. He referred to the sidewalks issue at 57 Raffia Road and noted apparently the sidewalk has a dip because there’s a manhole in that area and this is the way it was designed.
As concerns Steele Road, south of Weymouth Road, Mr. Coppler noted this section isn’t on the Roads 2005 list to be reconstructed, however, they’re considering putting that under “Other Roads” as soon as funding is available. Councilman Bosco requested this be patched.
Mr. Coppler stated the graffiti at the Parkman School was taken care of, but apparently it’s back. He noted they will put out a work order to address that problem.
Mr. Coppler stated he placed before the Council a picture of what the Town will be including as reminder notices in the tax bills. He noted instead of mailing out two tax notices, they will send out one bill in July and provide reminder stickers for calendars to remind them when the January portion is due. He noted Ms. Nenni indicated she would have to do a lot of re-education come December to help people remember they’re not getting a second bill.
Councilman Jones suggested as part of the education, they still send the bill. He noted this is the first year to do this, and he’s certain they will end up with many upset people because they’re charging interest.
Councilman Bosco stated from his business experience, if he doesn’t send bills out, people don’t pay.
Councilman Dumont questioned how this will work when they send a bill to the bank. Mr. Coppler stated generally, the banks make the payment all at one time.
Councilman Kiner questioned whether these have already gone out for printing. Mr. Coppler stated his belief they did. Councilman Kiner stated his belief it would be wise to include a dollar sign and a blank so that people can include that on their sticker to remind them of the amount owed. Mr. Coppler indicated he’d double-check to see if they have gone to the printer. He pointed out the taxpayer will also be getting a two-part bill as well which contains all that information.
Councilman Jones questioned whether the tax bills are coded so that it’s known whether it’s going to a mortgage company or the actual residents. He noted if they are coded that way, the ones going to the residents can be sent twice. He stated he firmly believes they need to do something more than stickers. He agreed with Councilman Kiner’s idea of including a dollar amount as well.
Councilman Nelson requested the cost of printing for the sticker be supplied. He noted it can’t be much less than what postage is to mail out the second bill. Mr. Coppler stated his belief there would be a big difference. He stated his belief the savings is around $17,000 to $20,000 by mailing just one bill.
Chairman Kaupin stated his understanding other communities send out only one tax bill. He question if Enfield is out of the norm by sending two bills. Mr. Coppler stated his understanding there are fewer and fewer communities sending out two bills due to the cost. He noted he will verify this.
Mr. Coppler stated a request came in from the Council this morning regarding a Metro event held on Saturday, May 30th. He noted he provided a report from Chief Sferrazza detailing this event. He stated they can have a more formal report at the next meeting.
Councilman Bosco stated his belief it’s insane to run these in the business district. He noted his wife was going to Shaw’s, got stuck in traffic and shopped somewhere else. He stated his belief this does hurt the Town’s businesses, and he feels it’s ridiculous to close the road down.
Councilman Ragno stated the State wants high visibility when they’re doing these metro enforcement stops. He stated his understanding a traffic accident in this area aggravated the situation.
Councilman Nelson stated his belief creating traffic congestion over seatbelts is a waste. He feels this was the wrong area, and he believes they should put their efforts into drugs and DUI.
Councilman Mangini disagreed. She noted correspondence indicates things went smoothly. She pointed out people are losing their lives by not wearing seatbelts.
Councilman Edgar stated he drove through that area in both directions, and there was no big holdup.
Chairman Kaupin stated numerous complaints were brought up by the public about this gridlock in a business district on a Saturday afternoon. He noted although the Police Department does a great job, they have to be mindful where they conduct these things.
Councilman Nelson stated he didn’t receive any complaints about the traffic, however, people taking children shopping on a Saturday afternoon and getting pulled over for no seatbelt can ruin an afternoon. He added his belief the Police do a great job, however, they need to be mindful of where and when they conduct these programs.
Mr. Coppler stated at the last meeting, there was a discussion about paddleboats, kayaks and canoes on Freshwater Pond. He noted they received a report back from the Risk Manager that if the Town were to provide a concession such as this, they should probably place the onus on the concessionaire for the provisions of that as well as liability insurance. He noted the Risk Manager did look at the pond and made some recommendation as to where they should place warning lines. He stated the tenor of this is that these are things that can be overcome and that they can do. He noted if the Council wishes to move forward, they should do a quick review on what the options are for the Town to provide this type of opportunity.
Councilman Nelson stated they put in a silt wall when the pond was reconstructed. He noted that should be looked at since the paddleboats probably wouldn’t be able to go over that. Mr. Coppler noted there may be a limited area as to where the paddleboats can go.
Councilman Mangini stated she would like someone from Town staff to respond to Voices for Thompsonville. Mr. Coppler stated that will be done.
Referring to the books and CIP, Mr. Coppler explained before the money can be spent, the Board of Education has to go through the Finance Department for any CIP purchase. He noted he will provide more details for the Council to show the money has been spent only for textbooks.
Mr. Coppler stated even though the Town’s budget process is over, they need to remain vigilant as to what the State is thinking about doing. He noted the State is talking about things such as reductions in providing some of the services to the libraries, which would be very costly to replicate, and they found out the Governor is eliminating funding for the FRC’s within the State, as well as reducing some of the funding that the Town uses to pay for the Child Development Center and Adult Day Care Center. He noted there still might be action required by the Town to compensate for whatever ultimately is done to the Town’s budget by the State.
Councilman Jones requested the Town Manager provide an e-mail to the Council explaining what the state cuts to the library would mean.
Mr. Coppler invited Messrs. McAlmond and Hawkes to come forward to talk about the new one-arm refuse trucks.
Mr. Hawkes stated the new trucks came in May 15th, and they had a week for the drivers to get use to the trucks. He noted there are certain ways the driver can pick up the tipper barrels. He explained the driver doesn’t need to get out of the truck.
Mr. McAlmond stated this is typically a four to six week learning curve. He pointed out other communities that have used this truck have exceeded the collection rates of the other trucks by almost 100 stops.
Discussion followed about the placement of the tipper barrel so that the new truck can pick it up.
Mr. Coppler suggested that once the routes for this new truck are established, that information should be placed on E-TV.
Councilman Crowley suggested sending home flyers with the school children to help educate the public about this process.
Councilman Ragno suggested an eye-catching stencil for the barrels showing the proper position within which to place the barrel so that the new truck can pick it up.
Councilman Kiner noted Tom Walsh previously suggested placing barrels on one side of the street. Mr. McAlmond stated they tried this with recycling and it did not work.
Councilman Nelson stated perhaps they could make it a requirement of new subdivisions as to where tipper barrels are placed.
Councilman Dumont questioned the status of single-stream recycling, and Mr. McAlmond stated people can co-mingle papers, cardboard and plastic in their blue bins.
CL&P TRANSMISSION LINE PROJECT
Mr. Vindigni stated the Council was sent a report via e-mail regarding the CL&P transmission line report. He explained CL&P has made a proposal to install a transmission line, which is part of the Greater Springfield Reliability Project. He noted this line would run from the Bloomfield substation north into Massachusetts via East Granby, Suffield into Agawam. He stated the initial proposal was for this transmission line to run parallel to an existing transmission line, to go north from Agawam into West Springfield and then cross over the Connecticut River into Chicopee to substations – one in Ludlow and the other in Chicopee. He pointed out this route has no impact on Enfield.
He stated an alternate route proposed involved going from Suffield to Agawam and then going east across the Connecticut River into Longmeadow and dipping down into Enfield onto Sword Avenue along an existing CL&P right-of-way and then flowing to the east going over Route 5 and I-91 near Bright Meadow Boulevard and the forested area to the north of Brainard Park, crossing Brainard Road near Washington Road and exiting Enfield at the north end of Shaker Lake into East Longmeadow. He pointed out that would require the widening of the clearing of the transmission line area from 90 feet to about 200 feet. He stated the current transmission line is 115 kv, and the proposal is for a 345 kv transmission power line. He noted the alternate to the above ground line is for an underground line to be installed in Enfield that would come in from Longmeadow into the Sword Avenue area, and there would then be a transition station, and the line would go under Campania Drive, then Manning Road, then Route 5, then out Brainard, then up North Maple and up into East Longmeadow.
Mr. Vindigni stated this would involve additional clearing of vegetated areas. He pointed out they already have a problem with ATV’s and dirt bikes. He noted there are many concerns about transmission lines from a health perspective and the town is concerned about impacts on land values. He noted the underground system raises concerns about the disturbance of the infrastructure, i.e., tearing up roads and disturbance of residential neighborhoods.
Mr. Vindigni pointed out Enfield is an intervener in this process. He noted Enfield is on record with the siting commission, and there will be hearings held in July. He stated there will be a public hearing at Suffield High School on June 11th regarding the alternate route, and it has been recommended a letter be prepared to be read by a member of the Town Council at that public hearing so it can go into the meeting minutes. He noted it’s recommended similar sentiments be conveyed and hopefully obtained from both the Inland/Wetlands Agency and the Conservation Commission.
Councilman Dumont stated she read this very carefully because this definitely effects her district. She noted all the concerns raised by Mr. Vindigni are very valid. She stated Enfield has major concerns if the alternate southern route is chosen. She noted she would be willing to attend the July 11th Public Hearing and read the letter.
Mr. Vindigni stated this memorandum was put together with a lot of effort on the part of the Assistant Planner/Inland-Wetlands Agent, Katie Bednaz, who has experience in this particular area.
Councilman Mangini agreed attendance at the June 11th meeting is important. She noted there will also be a hearing in New Britain in July.
Councilman Lee stated his belief any endorsement of the standard route is the one they should be making.
Councilman Jones encouraged all members of the Town Council to attend this Public Hearing, as well as members of the public.
Councilman Jones requested a map be supplied to the Council that shows where the lines are now and where the proposals show lines laid out. He suggested perhaps GIS can be used so that they can specifically see the effect on neighborhoods.
Councilman Lee suggested putting a slide on E-TV which announces the upcoming Public Hearing.
Chairman Kaupin requested Mr. Vindigni draft up the Town’s position based off his memorandum. He requested those Council members who are able to make the Public Hearing e-mail Mr. Vindigni so that he’ll know what the contingent will be going to Suffield, and they can identify whom the speaker will be.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Deneen referred to the Osada claim and stated this is presently in pending litigation. He noted he will contact Attorney Katherine Cunningham, who is the insurance counsel, and arrange for her to be present at the next Executive Session. He added he provided his contact information to Mr. and Mrs. Osada, and he will follow up with them. He went on to note he’s unaware of any other pothole claims.
Attorney Deneen stated the other matter he will follow up on relates to Project Choice.
Councilman Lee questioned who a citizen refers a claim to, and Attorney Deneen stated it goes through CIRMA, the Town’s insurance carrier.
Councilman Ragno stated his impression this is a bullying tactic for the average citizen. He questioned what is the Town’s deductible with the insurer carrier on these types of claims. Attorney Deneen noted he will check into this.
Councilman Ragno stated his belief the Town should be able to resolve this claim up to that deductible because they’d be paying it anyways. He questioned the logic of dragging this out and incurring further costs.
Councilman Nelson stated under a normal accident, wouldn’t a person turn it into their own insurance company, and that person’s insurance company would go after the guilty party. Attorney Deneen stated typically that’s what happens to a subrogation claim. He added he doesn’t know the details about how this claim got to this point. He noted he will research this and provide a full update at the next Executive Session.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Mangini stated volunteers are welcome for the Fourth of July event.
Councilman Nelson stated the Fields Use Committee met and they discussed several different things, and some tentative fee structures were put together. He noted the Committee felt unanimous that while school is open and the students are in the buildings, the fields are closed and only to be used by students of the school. He stated when students are in school, they don’t allow people to roam through school buildings, and they shouldn’t allow people roaming the fields when students are out for physical education. He went on to note at 3:00 p.m., when the school day ends, the schools should have first choice of who uses the field, and then it would go to the Assistant Director of Public Works for scheduling. He stated they hope to have this in writing at the next Council meeting.
Councilman Lee requested the Town Manager forward to him and Councilman Crowley some options for the Water Pollution Control Tax Reform working group.
OLD BUSINESS
All appointments remained tabled.
Items C through F remained tabled.
NEW BUSINESS
There were no New Business items on the agenda.
ITEMS FOR DISCUSSION
DISCUSSION RE: RESOLUTION ADOOPTING AMENDMENTS TO CHAPTER 14, ARTICLE IV, PROPERTY MAINTENANCE
Councilman Nelson stated his concern relates to boarded up windows, however, he feels this is a safety concern for police officers who might have to enter such a building where there’s no light, no power or a second way to exit the building if there’s an emergency. He noted he would like to hear from the police as to how they feel about boarded up buildings. He stated his belief after 90 days, boards should come off the windows.
Councilman Jones agreed with Councilman Nelson about boarded up buildings being a safety hazard. He noted this document provides the power if someone is going to board up a building, the Town will know it’s being done and why it’s being done.
Councilman Ragno stated he appreciates Councilman Nelson’s concern about safety. He noted a lot of vacant buildings lend themselves to illegal activities and squatters resulting in more dire circumstances. He stated his belief boarding up buildings is a reasonable thing. He agreed with Councilman Nelson there needs to be a definitive timeline regarding boarded up buildings.
Councilman Lee requested the Town Manager let the Council know what the typical parameters are for a building permit. Mr. Coppler stated he does not know the exact time frame, but there’s a number of years to complete a project once the permit is pulled. He noted the building permit rules are secondary to the enforcement rules.
Councilman Lee questioned if it makes sense to have a special meeting where members of the Town Attorney’s staff and other members of the Blight Ordinance Committee can hear some of the rationale. Mr. Coppler stated if there were to be substantive changes, he’d recommend another public hearing.
Councilman Ragno questioned how this ordinance would effect HUD or state-owned properties. Attorney Deneen stated to the extent that they are offering it as a governmental agency, there are certain immunities that they’re not required to follow. He noted HUD probably qualifies, and CHFA probably does not because it’s quasi-public.
Regarding boarded up windows, Attorney Deneen noted what’s not being addressed is whether the property owner can be forced to remove the board and put windows up. He noted that’s not addressed, although the building or housing code has requirements in terms of ventilation and access to windows. He stated when buildings are not inhabited, there’s nothing that would currently require that those boards come down and windows go in. He noted if that’s a direction the Council wishes to go, they can look at options.
Mr. Coppler stated the building code says the property has to be secure, and it doesn’t differentiate between a piece of plywood or a piece of glass. He noted because of that the property fits the secure portion under the building code, but it’s in violation of what’s blighted. He stated one of the points of this revision is to try and shorten the time frame to get the properties taken care of.
Councilman Ragno stated a lot of institutions owning these properties need to protect their security.
Mr. Coppler stated one of the problems is that mortgages have been resold multiple times.
Councilman Crowley urged the Council move forward on this tonight. He noted they can always make an amendment.
MOTION #415 by Councilman Mangini, seconded by Councilman Crowley to move this item to Miscellaneous.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #415 adopted 6-4-1, with Councilmen Bosco, Dumont, Nelson and Ragno against and Councilman Edgar abstaining.
DISCUSSION RE: WASTE TO ENERGY PROJECT
Present for this discussion were Marvin Serra and Pia Hawkes.
Mr. Hawkes stated SEA, who is their on-call consultant, did a feasibility study on an anerobic digester project that could be incorporated into the wastewater treatment plant, and this would enable them to convert the sludge into methane, which could be burned and changed into electricity. He noted the feasibility study confirmed this is a viable project. He explained this consists of a single-stage, high rate anaerobic digestion project, and it includes three micro-turbines and they would have to install a 720,000 gallon tank as part of the project. He noted they would have to modify the filter presses and boiler system at the plant.
He stated they submitted this project for consideration under the stimulus program under the Green Infrastructure Project, and it was selected as one of four projects. He noted they met with DEP on May 6th to review their criteria of what’s needed for the project. He stated DEP would be allocating a 20% grant for the project, and the project is estimated to be $8.6 million dollars as of today. He noted DEP would need to know where the balance is coming from, and they’d need the project advertised as of February 16, 2010. He stated they want to require SEA to continue on with the design up to the 30% design, which is a design concept. He noted that’s the point at which DEP wants to see the design.
Mr. Serra stated the letter from DEP states they would get a 20% grant, which is $1.6 million dollars, and they’d be eligible for a 2% loan. He noted they are looking at other sources of grants. He stated they’ve been working with DOE, and they have been providing quite a bit of assistance, and they’ll be putting in for more stimulus funding. He noted they found several unallocated funds in the DOE. He stated this could result in a significant amount as well. He stated there will also be money coming back from the sale of the energy itself. He noted they haven’t pinpointed all of the money, however, there is a lot of money out there, and they’re hoping to get as much as possible. He stated they will probably have more information about funding around mid-August.
Mr. Coppler stated the Council will need to make a decision on this very soon. He noted this is a referendum project due to the cost. He stated if they’re to meet the deadlines necessary for DEP, which his February, 2010, the Town will have to have this on the ballot in November. He noted they would have to spend a little money right now to bring the design up to the required 30% stage so that more details can be available. He noted DPW would be responsible to find $100,000 within their budget to fund the 30% design. He stated a decision on this wouldn’t have to be made until the next meeting.
Councilman Jones stated he would like to see a lot of the grants they’ve applied for and the amounts anticipated from those grants. He questioned if they can wait to see the results of the grant applications before expending $100,000 for the design. Mr. Coppler stated unfortunately, he doesn’t believe they have the luxury of waiting until they know for sure that they’ll be able to get any more grants than what they have right now. He noted through the contract the Town has with the Department of Corrections, the DOC is responsible for 12% of any capital expenditure. He stated in the end if they’re not getting the grants, this gets funded by the savings in the electricity cost. He pointed out any grants they get increases the Town’s savings.
Councilman Jones stated his concern is spending $100,000 for a project when they don’t know what it’s going to cost the taxpayers. He noted until he sees more specifics on paper, he can’t support spending $100,000 at this point.
Councilman Mangini questioned if this project is in cooperation with federal regulations, and at some point will this be something that the Town will be required to meet, and Mr. Coppler responded no, however, it does comply with a lot of what the federal government is trying to do in terms of energy sustainability and self-reliance. Councilman Mangini stated if that’s the case, will there be more available grant funding the Town could apply for, and Mr. Coppler responded yes and noted that’s what they’re working on right now.
Chairman Kaupin requested the written details be provided prior to the agenda package, and Mr. Coppler stated he will try to get that out.
MISCELLANEOUS
MOTION #416 by Councilman Nelson, seconded by Councilman Ragno to accept the Consent Agenda.
Transfer of Funds PT Salaries Conservation Commission $600.
Transfer of Funds OT Building & Grounds $8,600
Appended to minutes
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #416 adopted 11-0-0.
NOMINATION #417 by Councilman Ragno to appoint Harry Seilhammer (R), 27 Tabor Road to the Patriots Award Committee for a term which expires 7/31/2011.
MOTION #418 by Councilman Jones, seconded by Councilman Nelson to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #418 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Harry Seilhammer appointed to the Patriots Awards Committee by an 11-0-0 vote.
NOMINATION #419 by Councilman Nelson to appoint Natale Caminiti (R), 14 Sparkle Street to the Patriots Awards Committee for a term which expires 7/31/2011.
MOTION #420 by Councilman Jones, seconded by Councilman Ragno to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #420 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Natale Caminiti appointed to the Patriots Awards Committee by an 11-0-0 vote.
RESOLUTION #421 by Councilman Nelson, seconded by Councilman Ragno.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: 1300 Town Attorney $10,759.00
Full-Time Salaries
0100-01-0013-1300-00000-0110
FROM: 1300 Town Attorney
Professional Development $ 450.00
0100-01-0013-1300-00000-0322
Legal $10,052.90
0100-01-0013-1300-00000-332
Copying & Reprod. $ 256.10
0100-01-0013-1300-00000-0551
CERTIFICATION:
I hereby certify that the above-stated funds are available as of May 20, 2009.
/s/ Lynn Nenni, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #421 adopted 10-0-0. Councilman Jones absent at the vote
RESOLUTION #422 by Councilman Nelson, seconded by Councilman Ragno.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: 8010-339 Non-Department Charges
Other professional Services $15,000
0100-01-0080-8010-00000-0339-00
FROM: Contingency
Contingency $15,000
0100-01-0000-8030-0840-00
CERTIFICATION:
I hereby certify that the above-stated funds are available as of May 13, 2009.
/s/ Lynn Nenni, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #422 adopted 10-1-0, with Councilman Edgar voting against the resolution.
RESOLUTION #423 by Councilman Nelson, seconded by Councilman Mangini.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: 3400 Building & Grounds Maint.
Oil $22,500.00
0100-01-0030-3400-00000-0624
FROM: 3630 Recreation-Swim Program
Custodial Services $22,500.00
0100-01-0030-3600-00000-0423
CERTIFICATION:
I hereby certify that the above-stated funds are available as of May 14, 2009.
/s/ Lynn Nenni, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #423 adopted 11-0-0.
RESOLUTION #424 by Councilman Nelson, seconded by Councilman Ragno.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: 2200 EMS
Transfer In $14,000.00
252-01-0020-2200-18010-000-00
FROM: 2200 EMS
Workers’ Comp $14,000.00
252-01-0020-2200-00000-260-00
CERTIFICATION:
I hereby certify that the above-stated funds are available as of May 12, 2008.
/s/ Lynn Nenni, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #424 adopted 10-1-0, with Councilman Edgar voting against the resolution.
RESOLUTION #425 by Councilman Nelson, 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: 8020 General Fund
Workers’ Comp $14,000.00
100-01-0080-8020-00000-260-00
FROM: 8030 General Fund
Transfer Out $14,000.00
100-01-0080-8030-00000-930-10
CERTIFICATION:
I hereby certify that the above-stated funds are available as of May 12, 2008.
/s/ Lynn Nenni, Director of Finance
Councilman Lee stated his understanding this whole thing originated from an underpayment based on some actuarial things back in 2005. Mr. Coppler noted they usually audit a year after the payroll, and that’s when this was found. He stated they allowed the Town to make payments instead of doing one lump sum that one year. He stated his belief this is one of the things that got lost in the transition from one finance director to another. He noted it wasn’t budgeted in the current year’s numbers.
Councilman Lee questioned when this final $14,000 adjustment is made, does that close out the underpayment, and Mr. Coppler responded he believes so.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #425 adopted 10-1-0, with Councilman Edgar voting against the resolution.
RESOLUTION #426 by Councilman Nelson, seconded by Councilman Mangini.
WHEREAS, the 2009-2010 Budget for the Town of Enfield includes revenues from increased fees for Curbside Bulky Waste pick-up; and
WHEREAS, Council wishes to seek input on this increase from the residents.
NOW, THEREFORE, BE IT RESOLVED, the Enfield Town Council will hold a Public Hearing in the Enfield Town Hall Council Chambers, 820 Enfield Street, Enfield, Connecticut on Monday, June 15, 2009 at 6:50 p.m. to allow interested citizens an opportunity to express their opinions regarding the Proposed Amendment to the Schedule of Fees for the Transfer Station usage and Curbside Bulky Waste pick-up.
Councilman Lee stated this resolution indicates that there will be changes to the transfer station fees and bulky waste. He noted in reviewing the schedule of fees, it does appear that the only change is the rate for curbside residential bulky waste from $50 to $100.
Mr. Coppler responded that’s correct.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #426 adopted 8-3-0, with Councilmen Crowley, Jones and Mangini voting against the resolution.
RESOLUTION #427 by Councilman Jones, seconded by Councilman Nelson.
WHEREAS, the Registrars for the Town of Enfield impaneled a committee comprised of electors of the Town to review the current configuration of voting districts in the Town; and
WHEREAS, the committee recommended that the current configuration of nine (9) voting districts be reduced to four (4) voting districts; and
WHEREAS, the Enfield Town Council wishes to seek input from Town residents on the
recommendation for the reduction of voting districts.
NOW, THEREFORE, BE IT RESOLVED, the Enfield Town Council will hold a Public Hearing in the Enfield Town Hall Council Chambers, 820 Enfield Street, Enfield, Connecticut on Monday, June 15, 2009 at 6:40 p.m. to allow interested citizens an opportunity to express their opinions regarding the Proposed Amendment of the Code of the Town of Enfield, Chapter 30, Elections, Section 30-2 Voting Districts.
Present for this discussion were Registrars of Voters, David Wawer and Carol Censki.
Mr. Wawer explained the district map to the Council. He noted they have to be consistent with state regulation. He stated a couple of the local Council districts don’t conform with State Assembly districts. He noted for purposes of this election and future elections, they aligned the areas correctly for those voting purposes.
Ms. Censki stated one of the main concerns of the Council was how inconvenient it was to change people’s polling sites and how to let them know.
Chairman Kaupin stated his belief the intent was to move the four Council districts to four unique polling places. He noted in the write-up to the Council, there are four polling places, but JFK only keeps 59 and 58 goes to Enfield High School with all of District #2. He stated all of District #3 is at Fermi, except for 59. He stated his belief the four polling places should be unique to a Council district because the Registrars goal of being able to match 58 and 59 between 1, 2, 3 and 4 is impossible because of the size of District #1. He noted they won’t be able to shift the populations to get into four districts that are contiguous with 58 and 59.
Chairman Kaupin stated he would rather have two lines at JFK – one line for District #58 and the other for District #59, but they’re all contiguous to Council District #1. Therefore, all of District #1 goes to JFK; all of #2 goes to Enfield High; #3 goes to Fermi High and District #4 goes to Henry Barnard. He noted they only deal with a split every other year.
Mr. Wawer agreed that could be done. Chairman Kaupin stated they’d have two different scanning machines – one for #58 and one for #59. He pointed out people know themselves in their Council districts.
Mr. Wawer stated he asked the Secretary of State’s Office about their options and what happens in an even year, and the Secretary of State said that the people who reside in the General Assembly District should be voting within that General Assembly District. He noted they have the adjacent rule too, therefore, they’d have to look at whether they could keep it as suggested. He went on to note this could be amended. Chairman Kaupin stated things should remain the same for the next election. He requested Mr. Wawer check into whether that’s legal.
Councilman Edgar stated he’s completely opposed to this. He noted this is actually uprooting everyone in District #2. He stated Enfield Street and Town Hall have been eliminated. He noted as long as he can remember, there has been a voting place for this section. He stated by doing this, the people’s right to vote is being restricted since they’re causing people to travel. He noted some people don’t have cars, and they walk to their polling places.
Councilman Kiner questioned if the ultimate goal is four polling places. He questioned whether they could have six polling places. Mr. Wawer stated the recommendation of the study group was three polling places, and they modified that to four to be consistent with what the Secretary of State told them.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #427 adopted 10-1-0, with Councilman Edgar voting against the resolution.
RESOLUTION #428 by Councilman Ragno, seconded by Councilman Jones.
RESOLVED, that the Town Manger, Matthew W. Coppler, is authorized to enter into and amend contractual instruments in the name and on behalf of the Town of Enfield for the Metro Police Services Agreement.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #428 adopted 10-0-0. Councilman Edgar absent at the vote.
RESOLUTION #429 by Councilman Mangini, seconded by Councilman Nelson.
RESOLVED, that the Enfield Town Council does hereby approve the one (1) year collective bargaining agreement extension between the Town of Enfield and the Connecticut State Employee’s Union Local 2001 Professional and Technical Unit dated May 13, 2009.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #429 adopted 10-0-0. Councilman Edgar absent at the vote.
RESOLUTION #430 by Councilman Jones, seconded by Councilman Nelson.
WHEREAS, a public hearing was held on June 1, 2009 to allow interested citizens an opportunity to express their opinion regarding which programs shall be included on the Town of Enfield’s Application under the provisions of the “Neighborhood Assistant Act”; and
WHEREAS, a proposal was submitted by Thompsonville Little League; and
WHEREAS, the proposal from Thompsonville Little League for lighting improvements at their field is acceptable to the Enfield Town Council within the guidelines for proposed programs under the “Neighborhood Assistant Act”
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Town of Enfield’s 2009 proposed program application submitted to the State of Connecticut Department of Revenue under the provision of the “Neighborhood Assistance Act” shall consist of the proposal identified in the preceding paragraph.
2. The Enfield Town Manger is hereby authorized to submit this application to the State Department of Revenue, and to approve any donations received as a result of this application.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #430 adopted 11-0-0.
RESOLUTION #431 by Councilman Nelson, seconded by Councilman Kiner.
WHEREAS, Chapter 14, Article IV of the Town Code of Enfield addresses property maintenance for properties within the Town of Enfield; and
WHEREAS, the Town of Enfield has found this Article insufficient to address the concerns of the Town relating to the impact of blighted properties on the general health, safety and welfare of the residents of the Town; and
WHEREAS, the Development Services Subcommittee of the Town Council, in cooperation with the Town Staff, has proposed amendments to Chapter 14, Article IV, Property Maintenance, to hold owners of blighted properties within the Town more accountable in order to provide relief to affected neighbors; and
WHEREAS, a Public Hearing was held on June 1, 2009 for Enfield residents to comment on the proposed changes; and
NOW, THEREFORE, BE IT RESOLVED, that the Enfield Town Council does hereby adopt the amended and revised, attached as “Attachment A” Chapter 14, Article IV, Property Maintenance.
Attachment A appended to minutes
Councilman Crowley stated this doesn’t have to be a finalized version, however, it’s a good step in the right direction. He commended staff for their work on this.
Councilman Lee stated there does exist somewhere the technical guidelines for boarding up a property in a manner that’s a lot more safe and secure than just nailing plywood to the window frame. He stated his understanding Peter Bryanton in the Community Development Department has a copy of those regulations. He noted he will vote in favor of this resolution, but he would like to set the date to keep this ball rolling as quickly as possible.
Councilman Dumont stated her understanding there’s still the opportunity to make adjustments and amendments.
Councilman Nelson stated his belief boarded up houses are dangerous for the Police Department. He noted he doesn’t understand why they’re rushing this through tonight. He stated he cannot support this until he hears from the Police Department.
MOTION #432 by Councilman Nelson, seconded by Councilman Ragno to table this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #432 defeated by a 2-8-0 vote, with Councilmen Nelson and Ragno voting in favor of the motion.
Councilman Dumont stated this will at least give the Zoning Enforcement Officer something to go by. She noted they can always go back and amend this.
Councilman Ragno questioned whether this will be applied retroactively, and Attorney Deneen responded no.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #431 adopted 9-0-2, with Councilmen Nelson and Ragno abstaining.
PUBLIC COMMUNICATIONS
No one wished to speak.
COUNCILMEN COMMUNICATIONS
No one wished to speak.
ADJOURNMENT
MOTION #433 by Councilman Kiner, seconded by Councilman Lee to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #433 adopted 11-0-0, and the meeting stood adjourned at 10:30 p.m.
Appended to minutes of June 1, 2009
Regular Town Council Meeting
ENFIELD TOWN COUNCIL
REQUEST FOR TRANSFER OF FUNDS
RESOLUTION NO. ________
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made.
TO: 6500 Conservation Commission
Salaries –Part Time 0100-01-0060-6500-00000-0120 $600
FROM: 6500 Conservation Commission
Miscellaneous Expenditures 0100-01-0060-6500-00000-0890 $600
CERTIFICATION: I hereby certify that the above-stated funds are available as of ____________.
A. Lynn Nenni, Director of Finance
APPROVED BY:______________________Town Manager Date:_________
Appended to minutes of June 1, 2009
Regular Town Council Meeting
ENFIELD TOWN COUNCIL
REQUEST FOR TRANSFER OF FUNDS
RESOLUTION NO. ________
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made.
TO: 3400 Building & Grounds Maintenance
Overtime 0100-01-0030-3400-00000-0140 $8,600.00
FROM: 3400 Buildings and Grounds Maintenance
Custodial Services 0100-01-0030-3400-00000-0423 $8,600.00
CERTIFICATION: I hereby certify that the above-stated funds are available as of May 14, 2009.
A. Lynn Nenni, Director of Finance
APPROVED BY: _____________________ Town Manager Date: _________
Appended to minutes of June 1, 2009
Regular Town Council Meeting
ARTICLE IV. PROPERTY MAINTENANCE
Sec. 14-171. Purpose
(a) This article is enacted pursuant to C.G.S. §§ 7-148(c)(7) § 7-148aa, and 7-152c as amended.
(b) This article prohibits any owner, agent, tenant or person in control of real property located in the town from allowing, creating, maintaining or causing to be created or maintained a blighted premises. This article also establishes penalties for violations.
Sec. 14-172. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Blighted premises means any house, building, structure or parcel of land where at least one of the following conditions exists:
(1) It has been determined by the town building official, director of health, town engineer, zoning enforcement officer, or other appropriate official as designated by the town manager acting within the scope of their authority, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community.
(2) The fire marshal has determined that a building or structure is a fire hazard.
(3) The property is in a state of disrepair or is becoming dilapidated. “State of disrepair” or “becoming dilapidated” shall mean in a physically deteriorating condition causing unsafe or unsanitary conditions or a nuisance to the general public and be evidenced by one or more of the following conditions:
a. Missing, broken or boarded up windows and doors; except that when ordered by the Building Department, windows and doors may be boarded for a period not to exceed 90 days. If such windows require boarding for an additional period, a building permit must be obtained by the Building Department
b. Collapsing or missing exterior walls, or roofs, or other exterior features, including but not necessarily limited to, stairs, porches, handrails, railings, hatchways, chimneys or floors.
c. Exterior walls which contain holes, breaks, loose or rotting materials.
d. Seriously damaged, cracked, broken or missing siding.
e. Twenty-five (25) percent flaking or peeling paint on any one exterior elevation which is visible to the public; or having exterior paint which is chipped, blistered, flaking or peeling on more than one wall.
f. Unrepaired fire or water damage.
g. Rodent harborage and/or infestation.
h. Persistent garbage or trash on the property.
i. Parking lots left in a state of disrepair or abandonment evidenced, for example, by cracks, potholes, overgrowth of vegetation within the surface, pavement or macadam, or within medians and buffers;
j. Shrubs, hedges, grass and plants that:
1. Unreasonably hinder the use of adjacent properties. Have been left to grow in an unkempt manner by covering or blocking more than 50% of the structure, its windows, doors, or means of access.
2. Block, or interfere with, the use of any public sidewalk, and/or public or private street or right-of-way, or otherwise obstruct the sighting of any road sign.
3. Obstruct utility lines or other cables to and around the premises.
4. Extend or infringe beyond the boundaries of the property.
k. No owner or occupant of any premises shall permit grass, weeds or similar growths to reach a height greater than 18 inches on any premises with a building or dwelling located thereon, whether said building or dwelling is occupied or not. Nor shall the owner of any undeveloped premises allow any grass, weeds or similar growths thereon greater than 18 inches in height to remain thereon within 25 feet of a street line or any adjoining property line of any premises with a building or dwelling located thereon, whether said building or dwelling is occupied or not. Maintained gardens, including flowers and vegetables, are excluded from this subsection.
l. Graffiti or vandalism existing at or on the property.
(4) The overall condition of the property causes an adverse impact on the enjoyment of or value of neighboring properties.
(5) The storage of unsightly materials which means any worn out, cast off, or discarded article or material, occupying a cumulative area of more than 100 square feet, which is ready for destruction or has been collected or stored for salvage or conversion to some use and/or any material including but not limited to household appliances, parts of motor vehicles, furniture, equipment, building materials and refuse, unless such materials are placed curbside for a scheduled bulky waste pickup with Public Works or, which:
(a) Is hazardous to the safety or welfare of people or property;
(b) Is causing a nuisance; or
(c) Is a factor in creating substantial and unreasonable interference with the use and enjoyment of other premises within the surrounding area as documented by complaints of abutters and other neighbors, police reports regarding the property on which the unsightly material is located or cancellation of insurance policies on abutting properties or other neighboring properties.
Sec. ______. Exemptions.
A. The following properties shall be exempt from § 14-172(3)(k) of this ordinance:
1. agricultural lands pursuant to C.G.S. §22-3(b);
2. land dedicated as public open space or parks;
3. land preserved in its natural state through conservation easements or conservation restrictions;
4. areas designated as buffers by a land use agency;
5. upland review areas or wetlands and watercourses;
6. Those lots with slopes in excess of ___ degrees or escarpments left to grow wild provided they are in keeping with the established setting and natural character of the neighborhood.
B. Town-owned buildings.
Sec. 14-173. Prohibition.
No owner, agent, tenant, where required by a lease to maintain the property, or person in control of real property located in the town shall allow, maintain or cause to be maintained a blighted premises.
Sec. 14-174. Notice of violation.
(a) The town, through its designated enforcement officer, shall serve written notice to an owner, agent, tenant and/or person responsible for the blighted premises. The notice may be hand delivered or mailed by certified mail, return receipt requested, to the last known address of the owner. A copy of the notice shall also be sent to the lien holder of the property per C.G.S. 7-148gg.
(b) Such notice shall state the violation and demand its abatement within 30 calendar days. If the owner fails to correct the violation, the town may issue an enforcement citation as specified herein.
(c) If the owner, agent, tenant and/or person responsible for the blighted premises cannot be ascertained or does not accept delivery of the written notice, the notice shall be published once in a newspaper having a substantial circulation in the town. The notice shall include the name of the last known owner of the real property upon which violation has been found and the address of the real property.
Sec. 14-175. Designated enforcement officer.
The zoning enforcement officer and/or other individuals designated by the town manager are charged with the enforcement of this article. The enforcement officer and are is hereby authorized to take such enforcement actions as are specified herein.
Sec. 14-176. Penalty for violation.
Violations of the provisions of this article shall be punishable by a fine of $75.00 for each day the violation continues after the failure to abate the violation as provided herein. Each day of the violation shall constitute a separate offense.
If the violation is the second or more violation on the same real property and the same owner, it shall be punishable by a fine of $100.00 for each day the violation continues after the failure to abate the violations as provided herein. Each day of the violation shall constitute a separate offense.
Sec. 14-177. Enforcement citation.
(a) If any violation remains unabated after 30 days, any police officer, the zoning enforcement officer, building officials, fire marshal or other person authorized by the town manager is hereby authorized to issue a citation to the violator in accordance with this article. The citation will require immediate payment within 30 days from the issuance thereof..
(b) Failure to remedy the violation shall be deemed a public nuisance, subjecting the violator to criminal penalties as permitted by statute.
(c) In addition to any criminal penalties as permitted by statute and fines provided herein, the enforcement officer is authorized to institute any and all legal proceedings before the superior court to compel compliance with this ordinance
(d) In the event the enforcement officer prevails in any legal proceedings, the violator shall be liable for all costs of bringing his property into compliance and shall further be liable for all legal costs incurred by the town in compelling such compliance, including its reasonable attorney's fees.
Sec. 14-178. Citation procedure.
(a) Any person issued a citation pursuant to this article shall be entitled to a hearing to contest the citation pursuant to the provisions of C.G.S. § 7-152c. The hearing shall be held within 15 business days from the date of the notice of the hearing. Enforcement shall be stayed pending the hearing. The town manager shall appoint a hearing officer. The hearing officer shall not be a police officer, any other town employee or any person who has the authority to issue citations.
(b) The final period for the uncontested payment of any citation under this article shall be 30 days after the mailing or delivery of the citation.
Sec. 14-179. Recording of lien.
Any unpaid fine imposed shall constitute a lien upon the real estate in accordance with C.G.S. § 7-148aa. Each such lien shall be continued, recorded and released as provided for in C.G.S. § 7-148aa and the General Statutes.
Sec. 14-180. Municipal performance.
(a) In addition to any penalties as permitted by statute, the enforcement officer is authorized to institute any and all legal proceedings before the superior court to compel compliance with this article.
(b) In the event the enforcement officer prevails in the legal proceedings provided for herein, the violator shall be liable for all costs of bringing the property into compliance, and shall further be liable for all legal costs incurred by the town in bringing the property into compliance, including its reasonable attorney’s fees.
Sec. 14-181. Pending special permit, or site plan, or property sale exception.
Any blighted premises for which a special permit or site plan application for improvements to the blighted premises is pending, or which has been sold to a bona fide purchaser shall be exempt from the provisions of this article for a period of 90 days from the date of submittal of a complete application to the town planning and zoning commission or from the date of sale.
Sec. 14-182. Notice of penalty assessment with clerk of superior court.
If enforcement citation fines levied in accordance with this chapter are not paid within 30 days, despite proper notice to the person found liable, the enforcement officer hearing officer shall file a certified copy of the unpaid fines with the clerk of the superior court. Notice with the clerk of the superior court shall be filed within 12 months. The clerk shall enter judgment in favor of the town. The judgment shall have the effect of a civil money judgment, and a levy of execution of such judgment may issue without further notice to such person.
Sec. 14-183. Appeal of penalty assessment to superior court.
A person against whom a judgment has been entered is entitled to judicial review in accordance with the provisions of C.G.S. § 7-152c.
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