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ENFIELD TOWN COUNCIL
MINUTES OF A SPECIAL MEETING
OCTOBER 23, 2000
A Special Meeting of the Enfield Town Council was held in the Enfield Room of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Monday, October 23, 2000. The meeting was called to order by Chairwoman Strom at 6:25 p.m.
ROLL-CALL Present were Councilmen Dodd, Egan, Falk, Fiore, Giddings, Hall, Kaupin, Mangini, McGuire, Strom, and Vayda. Also present were Town Manager, Scott A. Shanley; Assistant Town Manager, Daniel T. Vindigni; Town Clerk, Suzanne F. Olechnicki; Assistant Town Attorney, Mark Cerratto; Director of Planning and Community Development, Jose Giner.
Present from the Conservation Commission were Robert Egan, Robert Grunert, Chairman Joanne Kneiss, Roger Olsen, Gretchen Pfeiffer-Hall, Richard Szewczak.
MOTION #4874 by Councilman Kaupin, seconded by Councilman Egan to address Item 3a.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4874 adopted 11-0-0.
DISCUSSION RE: OPEN SPACE
Mr. Shanley distributed a copy of Patrick Storeys comments on this item. (Copy appended to these minutes)
Mr. Shanley explained the Town Council wished to meet with the Conservation Commission to discuss an item that has been on the agenda regarding whether or not two commissions should be developed in lieu of one commission. He noted the Council requested he include both the Conservation Commission enabling legislation, as well as an option for a Council appointed commission, i.e., an environmental quality commission. He pointed out this legislation requires the Town Manager to make the appointments. He noted some Council members prefer that the Town Council make the appointments, and he agrees.
Chairman Strom stated the Town Council is looking for input from the Conservation Commission concerning this idea.
Mr. Grunert stated his impression the Conservation Commission has been working fine as it is. He questioned if there have been complaints against the Commission as to how they handle their work.
Mr. Egan stated his belief Mr. Grunert missed the earlier joint meeting between the Town
Council and Inland/Wetlands Commission at which time this topic was discussed. He explained at that meeting they discussed the issue of open space and how Enfield is not
moving as quickly as other towns were in this area, and that the open space funds appropriated by the state were being used up before the Town of Enfield got involved in making recommendations for open space. He stated for many months the Town Council was talking about forming an open space committee. He noted it made sense to some Conservation Commission members to discuss the possibility of removing the Conservation Commission from the joint Inland/Wetland organization to allow the Conservation Commission, which already has many of the responsibilities and powers vested in them by State statute, to do the things that an open space committee would do. He noted they could then jointly work with other commissions and boards in the town to come up with recommendations. He pointed out the Conservation Commission has the authority to own land, take land donated as gifts, and has many of the responsibilities and authorities that an open space committee appointed by the Council would not have and yet have to go back to the Conservation Commission at least to run it by them before it went any further. He explained this would be a way to eliminate a layer of bureaucracy and speed up the process of purchasing open space and make that process more efficient.
Councilman Falk questioned what was the function of the Conservation Commission prior to having an Inland/Wetlands Commission. Mr. Olsen stated the Commissions charge was to clean up Enfield, to work with the Town Council and other agencies to stop the pollution of nearby waterways, which they did, and to support referendums to sewer the town. He stated in 1985, Planning & Zoning transferred the responsibility for inland/wetlands to the Conservation Commission. He pointed out the Conservation Commission involved themselves in a lot of training in this area. He emphasized the wetlands process cannot be hurried. He noted the fastest they can get a permit is 14 days, and three months on the long end. He stated they recently talked about splitting the Commission because the work is staggering.
Mr. Olsen stated the Inland/Wetlands Commission has approved 95% of the applications that have come before them. He noted they have granted more applications than any other land use agency in town, and he feels theyve done a very good job. He added they have found there have been times when people coming before this Commission have not been truthful, and he feels its their job to protect the wetlands. He added his belief the Inland/Wetlands Commission is dedicated to doing a good job.
Councilman Kaupin questioned in the case of splitting the Commission, do they see any conflict with the same members serving on both bodies.
Mr. Olsen stated right now, he would like to see the Conservation Commission and Inland/Wetlands Commission stay together. He noted he would like to give more thought to the idea of splitting. He went on to state he would like to see the Town Council move forward on open space. He feels a group or a person should be designated to focus on the issue of open space and nothing else. He pointed out the Scantic River Park was put together 20 years ago, and its still not complete. He noted in the meantime, some of the property surrounding the Scantic River is being developed and lost.
Councilman Kaupin questioned whether it was the open space factor that prompted the Conservation Commission to think about splitting. Mr. Olsen responded yes.
Mr. Egan disagreed stating his belief open space is only one issue that the Conservation Commission dedicates itself to. He pointed out there are a list of responsibilities and duties, i.e., Phase II Stormwater regulations will fall onto the Inland/Wetlands Commission. He noted the other issue in the hands of Inland/Wetlands are the new aquifer regulations. He stated there will be more than the existing workload thats already causing their meetings to run past midnight.
As concerns any conflict about members serving on two bodies, Mr. Egan stated his belief they can wear two hats, and he feels these members are aware of what capacity theyre acting in. He stated he did not believe there would be any conflict of interest.
Councilman Kaupin questioned whether they ever gave any thought to have a separate meeting just for conservation issues. Mr. Egan stated they have had special meetings just for conservation issues.
Councilman Fiore requested a response from each Conservation Commission as to their thoughts on splitting the commission.
Mr. Szewczak stated he did not want to add another layer of bureaucracy, and he feels they can wear a dual hat. He voiced support for the idea of having separate agendas for Conservation and Inland/Wetlands. Mr. Grunert agreed.
Mr. Egan stated he would like to see them split up, but he feels members of the existing committee would want to serve on that committee.
Mr. Olsen stated his preference they not split.
Ms. Pfeifer-Hall stated in the past she suggested they separate so that Conservation Commission issues could be worked on at greater length. She added her feeling that no matter what happens, there should be a Conservation Commission. She added she would not want to see the current group disbanded because current members have a lot of important experience.
Ms. Kneiss stated her belief they should remain as is, however, she feels open space issues have to be very actively addressed. She added she would like to refine the inventory of open space. She stated her concern that if they split the Commission, they might not be able to focus on open space, and she feels open space should be a key consideration.
Councilman Fiore expressed his appreciation for the work done by the Conservation Commission.
Referring to Mr. Olsens earlier statement about 95% of applications being approved, Councilman Fiore questioned if this means only 5% were in violation. Mr. Olsen responded yes and added with new regulations he believes there will be less approvals.
Councilman Egan stated her belief the Town is remiss in going after open space. She suggested the idea of two more meetings per month to address other areas. Mr. Olsen stated they are dealing with variables in that they dont know what the workload will be. He pointed out at this time theyre getting a lot of Inland/Wetland applications. He stated personally hes willing to put in another hour, and he feels the commission is very flexible and can adjust their hours to meet the workload.
Ms. Kneiss stated she would like to see someone from the Town Council present at meetings where open space issues are to be addressed. She noted this might help things move faster. She pointed out if they hold extra meetings, they will need additional funding for recording fees. She went on to state Jay Northrup, Assistant Town Planner and staff liaison, has been extremely helpful.
Councilman Kaupin stated its better to research an issue thoroughly, and the Commission should take all the time it needs. He added the Commission should come to the Council if they need more funding for recording fees so that they can get their job done.
Ms. Kneiss questioned if their issues take too much of Mr. Northrups time. Mr.Shanley stated when they are staffing Inland/Wetlands, there are very specific statutes and things they have to stick with. He noted its not the staff persons role to go outside of those parameters when working with a developer. He added things also can depend on the workload. He went on to note if the Town Council would like to see the Scantic River Park purchased, developed, and completed, he feels that will take a body of people working on it constantly and who can advocate at the legislature and garner local support for additional funding for open space. He added that will require additional staff time.
Mr. Olsen stated Mr. Northrup is the best the Conservation Commission has had in 32 years.
Councilman Falk stated his impression the consensus is to keep the group as is and have more meetings on open space and conservation issues. Mr. Olsen agreed thats how it seems to be at this time.
Chairman Strom stated her impression that at this time the Inland/Wetlands Commission is probably one of the most thoroughly educated groups in the town. She went on to question if they had the opportunity to review the list of suggested charges if there were a split. She noted she is a little concerned with the amount of work coming down the road. She stated the agendas are already full, and additionally theyll be looking at aquifer regulations. She went on to note one of the things the Council has looked at and one of the reasons they see different names being thought of had to do with the need for a check and balance process. She explained if its a Conservation Commission, it needs to be appointed by the chief appointed official, which is the Town Manager. She questioned their thoughts on the appointment process.
Mr. Grunert stated he strongly prefers that the Town Council appoint commissioners.
Ms. Pfeifer-Hall stated she doesnt see any problem with how the appointments have been made.
Mr. Egan suggested perhaps the Council would have the say as to the members of a steering committee that would be formed by the Conservation Commission to look into open space.
Chairman Strom stated there will be more discussion as to the direction they should be going.
MOTION #4875 by Councilman Fiore, seconded by Councilman McGuire to recess the meeting until 8:00 p.m.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4875 adopted 11-0-0, and the meeting stood recessed at 7:47 p.m.
Chairwoman Strom reconvened the meeting at 8:00 p.m.
DISCUSSION RE: VOLUNTEER DEPARTMENT ISSUES
Present for this discussion were John Flanagan, Fire Chief of the Hazardville Fire District; Edward Richards, Fire Chief of the Enfield Fire District; Michael Mills, Fire
Chief of the Thompsonville Fire District; Earl Provencher, Fire Chief of the North Thompsonville Fire District; David Senatore, Fire Marshal, Shaker Pines Fire District
Mr. Vindigni stated the proposed ordinance has been worked on by the Town Attorneys office, which is based on the initial proposed ordinance.
Councilman Vayda stated his appreciation for all the work done by the fire departments. He stated his belief they will see more difficulty getting volunteer firemen. He stated this
proposal may buy some time, but he feels they need to look at the long term issues and plan for the future, i.e., how should they be structured 10 to 20 years from now.
Referring to the proposed ordinance before the Council this evening, Attorney Cerratto stated nothing significant was changed and the substance is basically the same. He briefly highlighted changes. He pointed out the original draft called for abatement for retired firefighters. He noted in a review of the public acts, it indicated this was present volunteers, therefore, they did not believe the abatement applied to retirees.
Councilman Mangini stated she has not received a copy of the Public Act or Statute. Attorney Cerratto stated this was drafted on Public Act 99-272. He added his belief there was an amendment #00-215.
Chairwoman Strom questioned what the amendment was. Attorney Cerratto stated the primary change was that the original act stated the towns could provide an abatement, which is a reduction in the tax bill. He noted the amendment states either an abatement can be given, or an exemption against the assessment of the property. He stated his office did some rough calculations, and theres not much of a difference between an abatement and an exemption.
Chairman Strom questioned whether the exemption amendment was made to address the concern people had regarding abatements for service. Attorney Cerratto stated he does not believe thats why the amendment was made. He noted Attorney Murray, a labor lawyer, stated she does not believe there would be employment implications in either an abatement or exemption, in that this is something that is sanctioned by the Legislature and is not intended to create an employment situation. He went on to state that apparently theres an IRS question, in that an abatement or exemption in the eyes of IRS would be viewed as income to the firefighter.
Mr. Richards stated there could be federal legislation that exempts that, and he feels the fire service would certainly attempt to get that type of federal exemption.
Councilman McGuire questioned whether the Town has a liaison to the fire departments so that they can get more involved. Chairman Strom stated Councilmen Kaupin and Mangini are Council liaisons to the fire departments.
Mr. Richards stated his belief this proposal would be another tool to help them retain firemen and also a reward to those who stay with the fire department.
Councilman Egan stated her belief this is one small step the Town can take to help the fire districts.
Councilmen Kaupin stated his belief this is a very important tool which allows the Town to reward volunteerism. He added this also recognizes that volunteer fire departments are more cost effective to the taxpayers.
Councilman Kaupin questioned the opinion of the fire districts regarding adjustment to time served.
Mr. Flanagan stated it depends on the time period that they leave the department. He noted when a person comes back, they may need to get some training to be sure theyre as proficient in their jobs as they were when they left.
Mr. Provencher stated in the case of their pension program, they have a two-year window. If a person is gone up to two years, they lose the input to that pension, but overall they dont lose everything theyve worked for if theyve been previously working five to fifteen years.
Mr. Richards stated he sees no issue with this section of the proposal. He said its too bad they cannot have an abatement for life if theyve been serving for 20 years.
Councilman Kaupin stated they could talk to CCM, their state legislators and CRCOG to get that one issue resolved. He added theyll have to lobby with the national people regarding the IRS issue.
Councilman Kaupin stated his belief they need to nail down the language regarding adjustment to time served in the proposal. He suggested the fire districts work together and come up with a recommendation.
Mr. Provencher suggested they can come up with a couple scenarios and forward something to the Town Managers Office.
Councilman Fiore requested an update on the 2000 roster. He went on to question whether the fire districts would be willing to re-discuss the fire tax issue. Mr. Provencher stated he was under the impression the Town Attorneys Office looked at this. Attorney Cerratto stated under the new Public Act, fire districts could pass an ordinance for an abatement.
Councilman Fiore stated he would like to see some partnership whereby the fire district picks up some of this. Mr. Provencher stated personally he doesnt have a problem with that, but the fire district would have to take a vote on that. Mr. Richards stated his belief it would be cleaner if it was done by one entity.
Councilman Mangini questioned if theyve checked to see what might be available through the State. Mr. Shanley stated this is completely a local option. Councilman Kaupin added if the State wanted to fund anything like this, they would have allowed the abatement against income tax.
Mr. Richards stated his belief Enfield has an extremely good system. He pointed out Enfields day time response is akin to the response they get in Hartford. He noted they get 20 people per alarm and that is excellent. He added Enfields day time response is envied by surrounding towns.
Mr. Richards stated the fire districts would welcome any kind of exchange of information to let the Town know what they do, how they do it, and why they do it. He noted they would like a liaison at their meetings on a regular basis so that the Council understands what the fire districts are doing. He added his belief there needs to be a strategic plan for the next ten to twenty years.
Mr. Provencher stated they received an August 31st memorandum regarding traffic calming. He noted theyve been involved throughout the process in varying degrees. He noted theyre part of the administrative review team staff, however, its a question of who is being asked as to whether or not the fire service in Enfield is staff. He noted this is not specifically stated. Mr. Shanley suggested Mr. Provencher put this concern in writing to the Town Manager/Town Council. He went on to note the Traffic Calming Policy is still in review, and its still a draft.
Councilman Fiore agreed that perhaps this should be made more clear.
Councilman Falk stated his belief public safety would include the fire districts.
RESOLUTION #4876 by Councilman Kaupin, seconded by Councilman Mangini.
SECTION SIX
COMPENSATION
BE IT RESOLVED, employer shall pay Employee, and Employee shall accept from Employer, in full payment for Employees services hereunder, compensation at the rate of Ninety-Seven Thousand Two Hundred Three Dollars and Thirty-Nine Cents ($97,203.39) commencing on January 1, 2000 which shall be increased to One Hundred
and One Thousand Five Hundred Seventy-Seven Dollars and Fifty-Four Cents $101,577.54) commencing on January 1, 2001 per year, payable in weekly installments while this agreement is in force. That portion of the compensation increase retroactive to January 1, 2000 shall be compounded at six-percent interest (6% per annum) from January 1, 2000 to date of payment.
SECTION NINETEEN
RETIREMENT COMPENSATIONPLAN
The Employer agrees to pay a total of Ten Thousand Dollars ($10,000) per year into the Retirement Compensation Plan(s) of the Employees choice.
Chairwoman Strom stated her belief Mr. Shanley has done an excellent job. The Council agreed.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #4876 adopted 11-0-0.
There was no Executive Session this evening.
ADJOURNMENT
MOTION #4877 by Councilman Kaupin, seconded by Councilman Giddings to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4877 adopted 11-0-0.
Respectfully submitted,
Jeannette Lamontagne
Secretary to the Council
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By Suzanne F. Olechnicki
Suzanne F. Olechnicki
Town Clerk
Clerk of the Council
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