|
ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
JULY 11, 2000
A Regular Meeting of the Enfield Town Council was held in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Tuesday, July 11, 2000. Chairwoman Strom called the meeting to order at 7:30 p.m.
PRAYER The Prayer was given by Councilor Kaupin.
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said.
ROLL-CALL Present were Councilor Dodd, Egan, Falk, Fiore, Kaupin, Mangini, McGuire, Strom, and Vayda. Councilor Surapine was absent. Councilor Hall entered the meeting at 7:45 p.m. Also present were Town Manager, Scott Shanley; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne F. Olechnicki; Town Attorney, Christopher W. Bromson; Director of Finance, Gregory Simmons; Director of Public Works, John Kazmarski; Director of Information Systems, Charlene Bond.
MINUTES OF PRECEDING MEETINGS
MOTION #4712 by Councilor Falk, seconded by Councilor Egan to accept the minutes of the June 5, 2000 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4712 adopted 9-0-0.
MOTION #4713 by Councilor Egan, seconded by Councilor Dodd to accept the minutes of the June 14, 2000 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4713 adopted 7-0-2, with Councilors Kaupin and Vayda abstaining.
MOTION #4714 by Councilor Falk, seconded by Councilor Dodd to accept the minutes of the June 20, 2000 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4714 adopted 8-0-1, with Councilor Kaupin abstaining.
MOTION #4715 by Councilor Egan, seconded by Councilor Dodd to accept the minutes of the June 20, 2000 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4715 adopted 8-0-1, with Councilor Kaupin abstaining.
PUBLIC COMMUNICATIONS & PETITIONS
Frank Mancuso, 25 Bright Street
Stated according to Chapter II, Section 2, of the Town Charter, the Town Council is elected as "Councilmen". He suggested if the Council is not satisfied with this, a Charter Revision can be named, and the title can be changed to "Councilor". He noted he could also get a petition signed regarding this.
Mr. Mancuso spoke about the Rules and Procedures for the Council. He pointed out a two-thirds vote shall mean two-thirds of the total membership of the Council not the members present, but the total membership of the Council. He stated a few years ago, this Council gave $79,000 to an organization in Enfield, and he still has yet to find within the minutes where there was a two-thirds vote to move the question as proposed by the Councilor from District #2. He noted in order to move the question, there has to be a two-thirds vote, and since it was 6 to 5, how could the Council get a two-thirds vote. He questioned how the Council could give $79,000 away.
He pointed out the Rules and Procedures state, "Any amendments to these rules shall be submitted in writing at any meeting of the Council and may be adopted by affirmative votes of not less than 6 members at a subsequent meeting of the Council. No amendments may be made to these rules which will conflict with the provisions of the Town Charter."
Mr. Mancuso expressed his disappointment regarding criticism by some members of the Council regarding the Alcorn School. He pointed out that during the reconstruction period, he gave a report to the Council every two weeks.
Nancy Bent, Abbeywood
Spoke about the comments made regarding condominium owners knowing what they got into when they purchased their condominiums. She suggested perhaps its time for change. She pointed out condo owners are treated as individuals when it comes to taxation, however, are treated as a group when it comes to services.
Bryan Kraus, 16 Glendale Road
Noted his road is partially paved right now, and hes pleased with how everything is progressing. He referred to one problem regarding a sink hole. Mr. Shanley pointed out the Director of Public Works is present this evening, and Mr. Kraus can bring this matter to his attention.
COUNCILOR COMMUNICATIONS & PETITIONS
Councilor Mangini referred to the Glendale Road problem and noted she has expressed some concerns to the Town Managers office. She expressed appreciation to the Town Manager and Assistant Town Manager for what theyve done to try and facilitate the work process.
Councilor Mangini commended Councilor Kaupin for a wonderful job with the Fourth of July Celebration.
Councilor Mangini commended Ray Warren, the Economic Development Director, for doing a very good job in reaching out to businesses in Enfield.
Councilor Mangini stated the Red Cross is looking for all kinds of blood whole, platelets, plasma. She urged anyone with the ability to donate to do so since the Red Cross is in a crisis state at this time.
Councilor Mangini spoke about the bullet proof vests for the police officers. She stated her understanding they received a 47% contribution from the federal government which recently came in. Mr. Shanley clarified he was notified yesterday that Enfield received 47% of the grant that they requested. Councilor Mangini stated her understanding theyre still short by approximately $28,000. She added her understanding police officers have to take some of that money out of their uniform allowance to purchase this item. She suggested a discussion item regarding this issue. She noted perhaps the Council could offer some support and funding for the officers. She pointed out they do put their lives on the line for the safety of the citizens of Enfield.
Councilor Fiore stated the Town of Enfield has an honorable mention for the Annual Report. He commended Town staff for a great job.
Councilor Fiore spoke about the Connecticut Water Company repaving Brainard Road. He stated his understanding this work should be completed the beginning of August.
Councilor Fiore referred to a newspaper article regarding tax lien problems going on with Tri-State Diesel on Depot Hill Road. He stated his hope someone from Town staff can provide an update on this.
Councilor Fiore thanked Town staff for the traffic counts for St. James and Ridge Road that were done in March. He requested a copy of the traffic counts that were done in May for Cartier, Field and Katherine Roads.
Councilor Fiore pointed out two missing appointments on this evenings agenda.
Councilor Falk commended Councilor Kaupin and the Fourth of July Celebration Committee for a fantastic job. He also expressed appreciation to Town staff for their involvement in this event.
Councilor Falk questioned what the status is regarding PVTA. Mr. Vindigni indicated a report will be provided on a future agenda.
Councilor Falk questioned whether bonding is posted when a project such as the repaving on Brainard Road is done.
Councilor Egan stated she received complaints about Brainard Road, and she also questioned whether theres bonding for this repaving project.
Councilor Egan stated she read a proclamation at the Adult Day Care gala and noted they received a perfect score in their latest accreditation. She pointed out their Head Nurse and Director, Ms. Thompson, is leaving. She noted Ms. Thompson will be sorely missed since shes done a wonderful job.
Councilor Egan commended the Fourth of July Town Celebration Committee for all their hard work for a successful Fourth of July Celebration.
Councilor Hall thanked Councilor Kaupin, Mr. Vindigni, and Town staff for all their hard work on the Fourth of July Celebration.
Councilor Kaupin thanked Mr. Vindigni, Town staff, the 300 plus volunteers, and all the Council members who were present to volunteer for the Fourth of July Town Celebration.
Councilor Kaupin requested an update be provided on the sidewalks, screening, and traffic counts regarding the St. James area.
Councilor Kaupin stated at the last meeting he requested advice from the Town Attorney regarding picking up trash at the condominiums. He requested a response.
Councilor Kaupin referred to an e-mail concerning the willingness of Mr. Bellevieu to correct the railroad crossing on North Street prior to doing any of the work on Route 190 and Broadbrook Road. He requested the Council be kept apprised of the results after Mr. Kazmarskis meeting.
Councilor McGuire commended everyone for their time and effort regarding the Fourth of July Celebration.
Chairwoman Strom requested a report be provided concerning the police bullet proof vests.
Chairman Strom stated she just received a letter from Brian Murphy at Carl Robinson, and this was to thank Mr. Kazmarski for the help that the Public Works Department gave the Department of Corrections in their work setting up for the Fourth of July event.
Chairwoman Strom commended Councilor Kaupin, Mr. Vindigni, Town staff and the Committee for their hard work on a successful Fourth of July Celebration.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Shanley invited Director of Public Works, John Kazmarski, to speak about the Towns repair policy when a utility company cuts a road. Mr. Kazmarski stated the Town requires a bond and holds that bond for six months to a year. Referring to Brainard Road utility road cuts, he noted Connecticut Water assured the Town theyd withhold payment to the road contractor until the road is restored to its original condition.
Mr. Shanley spoke about the Tri-State tax abatement issue raised by Councilor Fiore. He noted this was submitted to the Town Attorneys Office for a review for validity. He stated the property owner met with the Finance Director and indicated there was a state statute that allowed him to apply. Mr. Shanley stated if this application is valid, it will be brought before the Council.
As concerns traffic counts, Mr. Shanley noted these were the only traffic counts sent. He added there may be a miscommunication.
Referring to Road 2000 and Section 5 which contains Glendale and Ellis Roads, Mr. Shanley stated during the process of the work on Glendale, they discovered a lot of sub surface surprises that were not and could not be anticipated. He noted this causes problems and time delays. He stated theyre concerned theyll find similar kinds of sub surface irregularities on Ellis Road. He noted they will temporarily skip over Ellis Road and go onto the next road so that they can do a more thorough sub surface core sampling exploration and more extensive engineering work on Ellis Road. He explained they had a lot of problems with footing drains that they didnt know existed, and they still dont know where a lot of running water is coming from. He stated they will be doing Ellis Road this construction season, however, they need a few weeks for the additional study of that area.
Mr. Shanley stated the Town was awarded a grant for Freshwater Pond. He explained as soon as the State gets the money from the federal level, the Town can then enter into an agreement with the State so that those monies can be accessed in order to dredge and reclaim the pond and stream up to Route 5. He noted theyd also create a silt collection system.
Councilor Hall questioned how the Tri-State property transferred with the back taxes. Attorney Bromson stated this can happen if something is missed in the title search. Mr. Shanley added the owner never represented that they were unaware that there was $163,000 in back taxes when they purchased the property. He noted theyre simply looking for an abatement of those taxes through a state statute.
Councilor Hall questioned whether the Town can check to see if the new owner has title insurance. Attorney Bromson indicated he would like to review this more thoroughly.
Referring to the Freshwater Pond grant, Councilor Hall questioned if the money is fairly secure. Mr. Shanley noted he feels confident the money will be there. He noted they have to work on a prolonged process to enter into agreements. He added his belief this is a great opportunity.
ATTORNEY REPORT & COMMUNICATIONS
Attorney Bromson reported the noise ordinance has been submitted to the DEP, and theyre awaiting word from them.
Referring to Councilor Kaupins request concerning condominium trash, Attorney Bromson stated his impression an answer was provided. Councilor Kaupin clarified his request "what would the Town have to have in place?" Attorney Bromson noted a hold harmless agreement would have to be approved by all the different condominium complexes, and theyd work in conjunction with the risk manager and insurance carrier to make sure that its acceptable. He noted this is something they checked into with other towns, and it is possible to do. Councilor Kaupin noted his request was to get that document. Attorney Bromson stated he could provide a hold harmless model.
Councilor Dodd questioned if that will resolve the private vs. public issue. Attorney Bromson stated his belief thats a separate policy issue, and it raises other issues of setting precedence and being on private property. He noted if the Council were to overcome that particular issue, theyd be able to do a hold harmless to relieve the Town of legal responsibility for damage done to their property or perhaps persons by Town crews on private property.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilor Mangini commended the Fourth of July Committee for putting together a nice celebration.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL)
MOTION #4716 by Councilor Kaupin, seconded by Councilor Falk to remove Item #3 from the table. (Zoning Board of Appeals appointment)
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4716 adopted 10-0-0.
Councilor Kaupin stated at the last Council meeting he attended, he requested the application for Kevin Kibbe be redistributed by the Town Managers office. He noted he had applied for the Conservation Commission, but expressed some interest in the Zoning Board of Appeals as an alternate. He requested this be included in the Councils packet.
MOTION #4717 by Councilor Kaupin, seconded by Councilor Falk to re-table Item #3.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4717 adopted 10-0-0.
All other Town Council appointments remained tabled.
APPOINTMENTS (TOWN MANAGER)
MOTION #4718 by Councilor Kaupin, seconded by Councilor Mangini to accept the Town Managers recommendation to remove from the table Item 12. (Housing Code Appeals Board).
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4718 adopted 10-0-0.
MOTION #4719 by Councilor Kaupin, seconded by Councilor Vayda to accept the Town Managers recommendation to reappoint Richard Szewczak to the Housing Code Appeals Board, Civil Engineer member, for a term which expires 6/30/02.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4719 adopted 10-0-0.
Items c. and d. remained tabled.
MOTION #4720 by Councilor Mangini, seconded by Councilor McGuire to remove Item e. from the table. (Resolution re: Proposed Ordinance-Abatement of Taxes/Volunteer Fire Personnel.)
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4720 adopted 10-0-0.
Councilor Mangini questioned the status of this. Mr. Shanley stated he can provide an update at the next meeting.
MOTION #4721 by Councilor Mangini, seconded by Councilor McGuire to retable this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4721 adopted 10-0-0.
NEW BUSINESS
APPOINTMENTS (TOWN MANAGER)
The appointment to the Commission on Aging remained on the agenda.
RESOLUTION RE: DAY CARE FACILITY LEASE APPROVAL
Mr. Shanley stated this is nearly complete, and they hope it will be ready for the July 13th meeting.
RESOLUTION #4722 by Councilor Falk, seconded by Councilor Kaupin.
BE IT RESOLVED, that the Enfield Town Council does hereby adopt the ENFIELD FLOOD HAZARD MITIGATION PLAN; and
BE IT FURTHER RESOLVED, such plan shall be submitted to the State of Connecticut Department of Environmental Protection for their review and approval.
Councilor Fiore referred to Page 3 and noted the total developed area of Enfield has increased since 1987 from 50% to 68% of the Town a difference of about 3000+ acres. He stated his belief everyone should be concerned about this and think about this. He noted this is a significant growth in development. He stated his hope the Towns land use boards will also pick up on the fact that Enfield is almost 70% developed.
Councilor Fiore stated one of the only problems he has with this document relates to this statement: "by identifying key flooding sites where there are no existing development". He stated his belief it would be better if this were worded, "by identifying key flooding
sites", and omit "where there are no existing development". He noted there are areas that
have flooding where there are developments. He questioned what will be done about those areas.
Councilor Fiore stated he would like a copy of the following reports from 1996, which were prepared by the Natural Resource Conservation Service: "The Freshwater and Jawbuck Watersheds Flood Plain Management Study" and the "Waterworks and Grape Brook Watersheds".
Councilor Fiore referred to Page 9 "Vulnerability Assessment". He read; "The overall flooding problems in the Town of Enfield have occurred mostly along the Connecticut River, Freshwater Brook, and Jawbuck. He noted Jawbuck is an offshoot of Shaker Pines and is an area that creeps up onto the Brainard Road area. He noted this also includes Cottage Road.
Councilor Fiore stated according to the document, there are four culverts which do not meet the Towns design criteria for drainage along Jawbuck, and those are Oakwood Street, North Maple Street, Bacon Road and Cottage Road. He questioned how they can have four culverts which do not meet the Towns design criteria for drainage along that area. He questioned whether these culverts were built before they had design criteria, or were they built in disregard of the design criteria.
Mr. Shanley stated the Town is in the process of replacing $1.5 million dollars worth of culverts that did not meet the Towns design criteria, and that includes North Main, Old King, and Pleasant Road. He noted once those are complete, they will try to move forward with another three or four culverts and continue doing that. He noted a major culvert is at the Freshwater Brook at Route 5.
Councilor Fiore stated he does not have a list, other than this document, where he can pick up areas that need work over the next several years. He questioned if that can be provided. Mr. Vindigni stated that is one of the reasons why this document was put together to set the framework as the Town goes forward in making improvements, and also to serve as a qualifier should funding be available from FEMA or DEP.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #4722 adopted 10-0-0.
ITEMS FOR DISCUSSION
MOTION #4723 by Councilor Dodd, seconded by Councilor Vayda to suspend the rules to address Items a., b., c., and d. under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4723 adopted 10-0-0.
MISCELLANEOUS
RESOLUTION #4724 by Councilor Vayda, seconded by Councilor Kaupin.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Town Manager $1,855.00
Acct. #1200-130 Salaries-Temp. ~
FROM: Town Manager $1,855.00
Acct. #1200-550 Printing & Reprod. ~
CERTIFICATION
I hereby certify the amount of $1,855.00 is available from Account #1200-550 as of June 23, 2000.
/s/ Gregory Simmons, Director of Finance
Councilor Falk questioned if this is coming out of last years budget, and can that be done. Mr. Shanley responded thats correct, and this can be done until the books are closed around the middle of August.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #4724 adopted 10-0-0.
RESOLUTION #4725 by Councilor Mangini, seconded by Councilor Egan.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Acct. #1840-339 General Services $1,776.00
Other Professional Services ~
FROM: Acct. #1840-120 General Services $1,776.00
Salaries Part-Time ~
CERTIFICATION:
I hereby certify the amount of $1,776.00 is available from Account #1840-120 Salaries PT as of May 24, 2000.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #4725 adopted 10-0-0.
RESOLUTION #4726 by Councilor Kaupin, seconded by Councilor Dodd.
BE IT RESOLVED, that in accordance with Chapter V, Section 14 of the Town Charter, the annual salaries and rates of pay for non-union benefited employees of the Town will be increased by 4%, effective and retroactive to July 1, 2000. This increase is inclusive of the Chief, Deputy Chief, and Captain of the Enfield Police Department, but exclusive of the Town Manager, seasonal and temporary employees.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #4726 adopted 10-0-0.
RESOLUTION #4727 by Councilor Kaupin, seconded by Councilor Mangini.
BE IT RESOLVED, that in accordance with Chapter V, Section 14 of the Town Charter, the Chief, Deputy Chief, and Captain of the Enfield Police Department shall be included in the Cafeteria Benefit Plan made available to certain Town employees as a result of Enfield Town Council Resolution #4114. This shall be effective and retroactive to July 1, 2000.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #4727 adopted 10-0-0.
RESOLUTION #4728 by Councilor Kaupin, seconded by Councilor Egan.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Public Works-Refuse ~
Acct. #3900-333 Health Services $ 100.00
Acct. #3900-335 Land & Bldg. Services $15,000.00
~ $15,100.00
FROM: Public Works-Refuse ~
Acct. #3900-322 Profess. Develop. $ 100.00
Acct. #3900-421 Disposal Services $15,000.00
~ $15,100.00
CERTIFICATION:
I hereby certify the amount of $15,100.00 is available from Account #3900-322 & #3900-421 as of June 30, 2000.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #4728 adopted 10-0-0.
MISCELLANEOUS
No items were raised under Miscellaneous.
MOTION #4729 by Councilor Hall, seconded by Councilor Mangini to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #4729 adopted 10-0-0, and the meeting stood adjourned at 8:50 p.m.
Respectfully submitted,
Jeannette Lamontagne
Secretary to the Council
By Suzanne F. Olechnicki
Suzanne F. Olechnicki
Town Clerk
Clerk of the Council
|