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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
NOVEMBER 19, 2001
A Regular Meeting of the Enfield Town Council was called to order by Chairman Vayda in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Monday, November 19, 2001 at 7:45 p.m.
PRAYER The Prayer was given by Councilman Edgar.
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said.
ROLL-CALL Present were Councilmen Edgar, Egan, Falk, Fiore, Hall, Kaupin, Mangini, Strom, Tait, Tallarita, and Vayda. Also present were Town Manager, Scott A. Shanley; Assistant Town Manager, Daniel Vindigni; Town Attorney, Christopher W. Bromson; Assistant Town Attorney, Maria Stavropoulos; Director of Finance, Gregory R. Simmons; Director of Information Technology, Charlene S. Bond; Director of Public Works, John Kazmarski; Assistant Director of Public Works, Colleen Brand; Town Clerk Suzanne F. Olechnicki; Director of School Facilities, Arthur Pongratz; Director of Enfield Head Start, Barbara Wachala.
MINUTES OF PRECEDING MEETINGS
MOTION #5540 by Councilman Egan, seconded by Councilman Hall to accept the minutes of the October 1, 2001 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5540 adopted 9-0-2, with Councilmen Edgar and Tallarita abstaining.
MOTION #5541 by Councilman Mangini, seconded by Councilman Tait to accept the minutes of the October 15, 2001 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5541 adopted 8-0-3, with Councilmen Edgar, Falk, and Tallarita abstaining.
MOTION #5542 by Councilman Egan, seconded by Councilman Hall.
Referring to Page 8, Councilman Kaupin stated a resident noted Mr. Shanley referred to question #16 of a handout from that resident and that reference should have been to Question #6.
Councilman Falk pointed out due to a conflict, he was unable to show up until the last five or ten minutes of that meeting, however, there was no reference that he appeared. He stated he would like a reference somewhere in the minutes that he at least made an effort to get to this meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5542 adopted 9-0-2, as amended, with Councilmen Edgar and Tallarita abstaining.
MOTION #5543 by Councilman Kaupin, seconded by Councilman Hall to accept the minutes of the October 18, 2001 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5543 adopted 9-0-2, with Councilmen Edgar and Tallarita abstaining.
PUBLIC COMMUNICATIONS & PETITIONS
Adam Pierz, Mitchell Drive
Questioned who is the Cable Television Advisory Committee, and what are they doing about the excessive increase that the cable company has recently put in effect. He noted many elderly and retired people have asked him to check into this. He noted in other states, the elderly get a discount of 10%.
Mr. Pierz stated his belief recreational areas and parks should have been better maintained and kept in good shape.
He questioned what is the time table regarding the road building program for Pearl Street and Bridge Lane. He noted Bridge Lane is very narrow and needs to be widened by several feet if possible.
Mr. Pierz stated he has learned from many people that they do not want the Higgins building destroyed. He urged this building be put to good use. He submitted a petition to the Town Clerk concerning the Higgins building.
He suggested the Freshwater Pond be drained and that a sprinkler be placed in the middle. He noted a sprinkler will prevent the growth of algae. He noted years ago people frequently skated on this pond, however, with all the pollutants entering the pond from parking lots, the water cant freeze properly.
Diane Tapp, 16 Riverview Street
Stated shes a direct abutter to the Enfield Street School property. She noted the easement for the 18” pipe runs on her property. She stated she does not support the construction of this building in this location for many reasons, most of which are related to the issue of appropriateness. She noted the original plan according to the referendum was for an attached structure. She feels this is the correct location for the addition. She noted according to the plans presented earlier this evening, that was made more apparent to her by the architect when he showed all the times this building changed on that site. She feels its inappropriate to have this building down at the far end of the site.
Ms. Tapp stated when the original plans were made to the addition to the building design, it was developed with the design that would be appropriate up on Enfield Street.
She questioned how anyone can justify building a single story building with a 34 roof. She noted some of the designs showed a long narrow building that followed the roofline of Enfield Street Schools. She pointed out the more compact designs that they showed shortened it, made it wider, and pushed the roof up. She stated at an earlier Planning & Zoning meeting, they brought up the idea of bringing that roof back down, but that wasnt addressed. She feels the current roof is not appropriate next to one-story, single-family homes.
Ms. Tapp stated all of the pollution (auto exhaust, noise, headlights) will not be stopped by the required fence or landscaping. She added there will also be bus and truck traffic and a daily dumpster pick-up which will most likely be early in the morning.
She compared the lighting to the Enfield Ramblers Football field and noted the lighting for football is only there a couple nights per week in the fall for a few weeks, however, its not every day all year long.
Ms. Tapp stated she doesnt object to the Head Start Program at all, however, she does not believe any building belongs in this location.
She referred to the detention ponds and stated she would not want her child sent to any school with these detention ponds.
Ms. Tapp stated the Building Committee and architects did not come up the idea of using the 24” high school pipe. She noted the residents pushed that idea.
She stated the only time the Building Committee asked for residents input was at a meeting to discuss drainage. She noted they were given twenty minutes at the end of the presentation in which to ask their questions about drainage only.
Ms. Tapp stated a point was made that the roof line of this building is below the maximum height allowed. She noted of that 348” roof line, its four inches below whats allowed.
She stated a lot of changes to the plans were not because Planning & Zoning was trying to be difficult, but rather she feels it was because the plans were not entirely well thought out. She added her belief this has nothing to do with the “haves” or “have nots”.
Charles Dugan, 18 Riverview Street
Stated hes a direct abutter to the proposed Head Start project. He noted through the good leadership of the Town Council, the drainage for the Enfield Street and Enfield High School sites will be improved.
Mr. Dugan stated initially the proposal that came from the consultants through the Building Committee didnt have any landscaping. He noted there is now landscaping, which was requested. He stated the landscaping is woefully inadequate and needs to be improved. He noted the residents saw a couple sketches of the building design at Planning and Zoning meetings, and certainly they do not compliment the one-story, single-family homes that are in that particular neighborhood. He stated Enfield Street School is a single-story building, and Enfield High School is a two-story, flat-roofed building. He noted they dont have a large-peaked roof.
He noted he is the person who complained about the lighting and a change was made, however, it doesnt remove the lighting from his backyard. He stated his belief the lighting issue must really be addressed.
Mr. Dugan stated he voted for a referendum that attached Head Start to Enfield Street School. He noted subsequently the Building Committee wanted to move the building to Enfield High School and contacted the Bond Counsel. He stated Bond Counsel then responded saying they cant move it to Enfield High School, but they can change it from being an attached building because there was intent shown. He stated the intent in the referendum shows him it should be attached. He noted he asked this question before, but never received a satisfactory answer. He stated he would not have voted for this if it were to be a detached building and impacted his neighborhood.
He agreed they did improve the drainage and removed a major hazard in the form of a 12-foot detention pond. He stated his belief Councilman Tait is largely responsible for that and he thanked Councilman Tait and the Council for this action.
Mr. Dugan stated one recommendation made earlier was that if they get rid of the 12-foot detention pond, they could put the parking lot on that side thereby eliminating the glare in his backyard. He went on to state 40 parking spaces seems rather large for the Head Start Program.
He spoke about the maintenance activities on the drainage facilities and grounds. He noted theres been a continual hassle by the Recreation Department and the Board of Education as to who fences the property line. He noted he has a very distinct problem if the maintenance isnt kept up. He noted this is particularly true of the drainage facilities.
Mr. Dugan stated his belief P&Z acted in accordance within their provisions, statutes and rights. He urged the Council to consider the abutters and neighbors regarding this issue. He noted no one ever contacted him until he started going to P&Z hearings regarding this particular activity. He stated his understanding the financing is a critical issue, but by the same token P&Z was fully within their rights. He stated his belief the Council is opening a legal can of worms if they move forward on the resolution regarding absolving P&Z of their responsibilities on all Town properties. He stated his belief a lot of issues will come up that will really be a problem for the Town Council.
Nickie Price, The Hamlet
Stated her son goes to Enfield Street School and her biggest concern is that they will lose the money, and Enfield Street School will not get its expansion. She feels its deplorable that a child has to go to school and be in his room all day, including lunchtime, because the gym teacher needs the room to fulfill her program.
Ms. Price stated her belief early childhood education is viable and every child of every race, creed, and religion needs it and can obtain it through special needs.
She questioned since Head Start is a federally funded program, are they receiving state money to build their building. Chairman Vayda stated answers to questions will be addressed later. She questioned if the $2 million dollars from the State is for the building of the Head Start and Enfield Street School expansion. She questioned if the contract can be signed for the Enfield Street School expansion. She questioned why there wasnt a Plan B in place regarding Head Start. She raised the possibility of renovating the Higgins building for the Head Start program.
Robert Tkacz, 1300 Enfield Street
Congratulated all members of the Town Council.
Mr. Tkacz suggested placing Head Start in front of the Enfield Street School because he feels there would be plenty of room and this would avoid problems.
Barbara Wachala, Director of Enfield Head Start
Stated Head Start is a quality program; Head Start works hard to support the Town; Head Start serves 104 pre-school children (10% special needs and 10% over income); Head Start prepares children and families for success; Head Start has helped reduce welfare in Enfield; many former low-income parents are now Enfield homeowners and taxpayers; Enfield Head Start teachers are Connecticut Certified; Head Start teachers have Bachelors and Masters Degrees; Head Start is one of the components of the Enfield School System as are elementary, middle and high school; Head Start brings jobs to Enfield; Head Start brings nearly $1 million dollars a year to the Town of Enfield; Head Start serves children from all areas of Enfield. In June of this year, 30% of the Head Start children going to kindergarten went to Enfield Street School; 18% went to Alcorn School; 15% went to Barnard School; 10% went to Memorial School; 8% went to Parkman School; 5% went to Whitney School; 5% to Hale School; 3% to Crandall School; and 3% to St. Adalberts School. Two children were transient and moved out of town. She noted the transient rate is very low. 25% of the siblings in Enfield Head Start are in Enfield High School.
Ms. Wachala concluded stating a decision as to the Head Start building must be made by November 30th in order for paperwork to be completed and submitted. She noted paperwork requesting $205,000, which was awarded in November, 1999 would be carried over to 2002. She stated building approval must be in place before they can request the money to be carried over. She noted if they do not move quickly, they will further jeopardize their federal grant money.
COUNCILMEN COMMUNICATIONS & PETITIONS
Councilman Mangini announced the following events - the traditional Enfield/Fermi Football game will be on Thursday at the Fermi High School; the Fermi Band has a candy cane sale which began yesterday and will run through Christmas; Hospice gift wrapping at the mall. She reminded everyone to remember Loaves and Fishes and the Enfield Food Shelf during the holidays.
Councilman Kaupin stated in the November 16th information packet, the Council received a notice from the Department of Transportation on an intent to adopt regulations and notice of public hearing regarding tree trimming. He requested the Town Manager provide a report regarding this.
Councilman Kaupin stated he has received comments from people in town regarding the leaf program being behind schedule. He requested an update. He added if the Town is behind in this program, perhaps they can get some information out to the public.
Councilman Falk referred to Freshwater Pond and stated his understanding all the permits were in place and dredging was to begin this winter, however, he has read they do not yet have the permission of the Corps of Engineers. He requested an update.
Councilman Falk requested clarification on the sidewalks for the Hazardville streetscape.
Councilman Hall stated on Abbe Road, where Spazzarini Construction just finished a sidewalk in front of the new subdivision, the sidewalk ended right in front of a residents property on one side, and he has the broken up bituminous in front of the rest of the sidewalk. She questioned when that area is scheduled to have the sidewalks replaced.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Shanley referred to a few handouts in front of the Town Council. He noted one is the existing Council goals for review. He stated in meeting with Council leadership, Mayor Vayda and Councilman Strom, they discussed a variety of dates with one being Wednesday, November 28, 2001 at 7:00 p.m. for an initial goal setting effort. He added another date of December 13th for an orientation tour is tentatively scheduled.
Mr. Shanley stated he does not yet have the tree trimming regulations. He noted these were driven by the Town of Enfields efforts to call attention to the fact that the DOTs process for authorization of tree trimming was severely flawed when they had the problems that they did in Hazardville Village. He stated his belief in an attempt to avoid legislation, the DOT wrote regulations on how they would deal with the current legislation that does exist.
As concerns Freshwater Pond, Mr. Shanley stated the original plan was to try to do it in the winter of 2001, however, they dont expect to get approval from the state or federal government until the middle of the summer. He noted they prefer to do the dredging in the colder part of the winter to avoid resulting odors. He stated his hope with the new depth and silt system being designed, the pond will actually freeze for skating.
Mr. Shanley stated the current work being done in Hazardville is within the core area because thats the area that has been permitted by the state. He noted they have not yet permitted the extended portion.
Mr. Shanley invited Mr. Kazmarski to speak on the leaf program. Mr. Kazmarski stated they are having a real problem in picking up leaves because they are very late in dropping. He noted they are trying to stay with the schedule that was published, but because different trees are dropping leaves at different rates, they are trying to keep the majority of crews working on that schedule. He pointed out they have been to some areas twice.
Mr. Shanley agreed they should put out additional information regarding the challenge the Town is facing with the leaf program at this time.
Councilman Vayda requested the questions of an earlier speaker be addressed.
Referring to the question, “Can the contract be signed just for the Enfield Street School”, Mr. Shanley responded yes it can be, but the School Building Committee wants to discuss what the ramifications are of that, especially as it relates to drainage if the Head Start building isnt built in that location.
As concerns the question about a “Plan B for Head Start”, Mr. Shanley stated according to the Charter, the referendum question needs to be complied with, and they received an opinion from the Town Attorney that said locating the Head Start facility anywhere other than on Enfield Street School property would be inconsistent with the referendum question.
Mr. Shanley stated the $2.5 million dollars from the State is for the Head Start building itself, and theres another sum for the actual extension on the Enfield Street School for the gymnasium, etc.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Bromson stated any groups interested in putting any holiday or religious displays on the Town Green should contact the Town Manager to fill out the application as soon as possible.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Tait stated the EMS Committee is proceeding along, and theyre well on their way to fulfilling the second phase. He noted this is an excellent Committee with an excellent Chairman.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL)
MOTION #5544 by Councilman Kaupin, seconded by Councilman Falk to remove Item #11 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5544 adopted 11-0-0.
NOMINATION #5545 by Councilman Kaupin to appoint Carol Robinson (R), 35 School Street to the Human Services Advisory Committee for an indefinite term.
MOTION #5546 by Councilman Falk, seconded by Councilman Egan to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5546 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Carol Robinson appointed to the Human Services Advisory Committee by an 11-0-0 vote.
All other Town Council appointments remained tabled.
APPOINTMENTS (TOWN MANAGER)
There were no Town Manager appointments.
Items c. and d. remained tabled.
MOTION #5547 by Councilman Fiore, seconded by Councilman Hall to remove Item e. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5547 adopted 11-0-0.
DISCUSSION/RESOLUTION RE: SUSAN CIRCLE
Councilman Fiore questioned the status on this. Mr. Shanley stated they did receive an appraisal and with the consent of leadership, they will try to get it on the agenda for December 3rd.
MOTION #5548 by Councilman Fiore, seconded by Councilman Hall to retable this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5548 adopted 11-0-0.
MOTION #5549 by Councilman Mangini, seconded by Councilman Hall to remove item f. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5549 adopted 11-0-0.
DISCUSSION RE: TANGUAY/MCGILL POST 80 LEASE
Councilman Mangini stated there was a concern with the language in the lease. She questioned if that concern has been addressed. Attorney Bromson stated this will be reviewed to be sure all the concerns have been addressed. Councilman Mangini requested someone get in touch with the people from the Tanguay/McGill Post to update them. Mr. Shanley indicated that will be done.
MOTION #5550 by Councilman Mangini, seconded by Councilman Hall to re-table this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5550 adopted 11-0-0.
MOTION #5551 by Councilman Kaupin, seconded by Councilman Falk to remove Items g., h., i., and j., from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5551 adopted 11-0-0.
RESOLUTION #5552 by Councilman Kaupin, seconded by Councilman Egan.
WHEREAS, the Enfield Planning and Zoning Commission voted to favorably recommend to the Town Council the acceptance of the following streets in the Misty Meadow Subdivision known as Summer Wind Circle, Deer Run, Misty Meadows Road, and Winter Way, the descriptions for which are attached to this resolution; and
WHEREAS, the Town of Enfield wishes to accept the above mentioned streets as public roads;
NOW, THEREFORE, BE IT RESOLVED that the Enfield Town Council hereby accepts the streets known as Summer Wind Circle, Deer Run, Misty Meadows Road, and Winter Way as public roads.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5552 adopted 11-0-0.
NEW BUSINESS
DISCUSSION RE: EMS COORDINATOR POSITION EXPECTATIONS
Councilman Hall questioned if theres a time line when the Personnel Department might have a job description. Mr. Shanley noted he has a draft, and they need to have a prolonged discussion of the EMS vision of the Town Council before taking another step.
Councilman Vayda suggested starting that process with an overview for everybody.
ITEMS FOR DISCUSSION
APPOINTMENTS (TOWN COUNCIL & TOWN MANAGER)
All appointments remained on the agenda.
DISCUSSION RE: ENFIELD TEACHERS ASSOCIATION CONTRACT
Mr. Shanley stated the Council has a copy of some bullet points in their packets. He noted Craig Cooke, the Enfield Public Schools Human Resources Director, will be present at the December 3rd meeting to answer questions.
Councilman Falk stated he was the liaison at the negotiations, and he feels the negotiations were handled very professionally. He noted the teachers came in with their list, and the Board of Education came in with their lists, and there was true negotiation. He noted they went to mediation, which lasted to about 3:30 a.m. He noted they came to consensus based on a number of factors. He stated his belief this is a fair and equitable contract. He recommended approval.
Councilman Kaupin referred to the 3% plus that is to be awarded in Years One, Two and Three and questioned how that compares to other communities. Councilman Falk noted many settlements through arbitration throughout the state were quite higher than this. He noted there were several instances as high as 6% and 7%.
DISCUSSION/RESOLUTION RE: COMBINING TWO PART TIME CLERK TYPIST POSITIONS ASSIGNED TO THE DEPARTMENTOF PUBLIC WORKS ADMINISTRATIVE DIVISION INTO ONE FULL TIME CLERK TYPIST POSITION
Mr. Shanley spoke about the heavy work load at Public Works as a result of all the building projects that will be underway soon.
Mr. Kazmarski stated they tried several times to fill the two part-time positions which were 20-hour and 15-hour positions and theyve had difficulty filling that with capable individuals. He noted they do have one individual at this time thats performing very well. He stated she was initially hired for the 20-hour position, which puts her in the union position. He noted in the first several years that they put in for these positions, it was intended the funding would be accomplished through the bond monies for the building projects. He stated that thinking has not changed, and they estimate the school projects will take approximately two years. He added there is also the Senior Citizens Center, Family Resource Center and Enfield High School project. He noted his office will have to work very closely with Mr. Pongratz at the Board of Education in providing all the necessary constructions costs, records, etc. so they can justify the request for reimbursement from the state and/or federal agencies. He stated his belief that for the
next few years they have a sizeable administrative workload, aside from other projects, i.e., regular CIP projects. He noted from this standpoint they see a definitive need for clerical assistance for the Assistant Director of Public Works and to help fill in where needed.
Councilman Fiore stated his understanding this position will be supported by bond funds, and he questioned if this includes benefits. Mr. Kazmarski stated his belief its just the hourly rate, but he will look into that.
Councilman Fiore stated his understanding this position is necessary, however, he is concerned what will happen afterwards. Mr. Shanley stated theyve taken the responsibilities that the Assistant Director of Public Works used to have (buildings and grounds) and transferred those to the Deputy Director of Public Works so that the Assistant Director can focus totally on these projects. He noted they moved the responsibility for Parks and Recreation from the Deputy Director to the Assistant Town Manager, which as a practical function, takes away a good deal of the Assistant Town Manager capacity in the Town Managers Office. He noted they hired a Road 2000 Coordinator position at a very humble wage, and this person does an excellent job on the public relations component. He added theyve attempted to hire an engineer and have been unable to fill that position over the past ten months because the Towns rate of pay cannot compete. He pointed out they have tried very hard not to staff up, however, this is an area where their inability to perform well in that time period will have negative impacts at reimbursement time. He noted they have given this a lot of thought.
Councilman Edgar questioned if the employee is now working 20 hours, wouldnt this person be entitled to all the benefits as of now, therefore, theres no additional cost to turn this into a full-time position. Mr. Shanley indicated thats correct.
MOTION #5553 by Councilman Strom, seconded by Councilman Tait to suspend the rules to address Items d., e., f., and g., to Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5553 adopted 11-0-0.
MISCELLANEOUS
RESOLUTION #5554 by Councilman Falk, seconded by Councilman Mangini.
RESOLVED, that the Enfield Town Council does hereby approve the combining of the two (2) part-time clerk-typist positions assigned to the Department of Public Works Administrative Division into one (1) full-time clerk-typist position.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5554 adopted 11-0-0.
RESOLUTION #5555 by Councilman Kaupin, seconded by Councilman Tait.
WHEREAS, the Town Council of the Town of Enfield wishes to purchase two parcels of land near the Scantic River known as the “Raffia” parcel and the “Kertenis” parcel totaling 10.41 and 9.25 acres, respectively, as recommended by the Conservation Commission; and
WHEREAS, the Planning and Zoning Commission has voted in support;
NOW, THEREFORE, BE IT RESOLVED, the Town Council of the Town of Enfield hereby authorizes the purchase of the “Raffia” and “Kertenis” parcels consisting of 10.41 and 9.25 acres.
Councilman Fiore questioned if this is the same properties where at the last meeting they applied for a state grant. Mr. Shanley responded yes, along with the “Allen” parcel.
Councilman Tallarita questioned the price. Mr. Shanley responded $1,200 acre. He noted the price difference from the other parcels was because of the upland nature of one of the parcels.
Councilman Egan voiced her support of this resolution. She stated shes pleased to see the Town moving forward with open space acquisition. She noted the Scantic River has been in the planning stages for around 25 years.
Chairman Vayda suggested there be a future discussion item to plan what the Town can consider doing with this property. Mr. Shanley agreed.
Upon a ROLL-CALL vote being taken, the chair declared RESOLUTION #5555 adopted 11-0-0.
RESOLUTION #5556 by Councilman Mangini, seconded by Councilman Tait.
BE IT RESOLVED, in accordance with the Charter, Chapter VI, Section 1, the Enfield Town Council does hereby appoint Christopher W. Bromson as Town Attorney for the Town of Enfield for a term which expires December 31, 2003.
Councilman Falk stated the Town Attorney has been with the Town since 1989 and has done an excellent job for the Town over the years. He commended Attorney Bromson and highly recommends his reappointment.
Chairman Vayda expressed his appreciation for all Attorney Bromsons work. He noted he truly has enjoyed working with him and looks forward to another two years.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5556 adopted 11-0-0.
RESOLUTION #5557 by Councilman Kaupin, seconded by Councilman Strom.
BE IT RESOLVED, in accordance with Connecticut General Statute, Section 8-2(a), the Enfield Town Council does hereby exempt municipal property from the Enfield Zoning Ordinance.
Councilman Tait stated his belief this is one of the biggest messes hes ever seen. He noted he sympathizes with the neighbors completely, however, he feels they have to move forward with the Enfield High School Library, the Enfield Street School expansion, as well as the Head Start Program. He feels the good of the majority needs to outweigh the needs of the few, therefore, he will support this resolution.
Councilman Kaupin stated he was at the Planning & Zoning Commission meeting when the application was denied, and as he sat through the meeting, he could see on one hand the Planning & Zoning functions and the desire of the Commission to strengthen or to buffer the yards of the neighbors from a building thats going in. He added his belief they were really addressing the process properly, asking for additional screening, a stop sign, having concerns about lighting, having concerns about drainage. He noted being a liaison to the Building Committee, he understands the process the Building Committee went through to meet all of the requirements that P&Z had asked from them numerous times. He noted the conversation at that P&Z meeting seemed to shift to personal preferences toward Head Start and the building and not really sound zoning reasons to either approve or deny an application. He stated the part that disturbed him the most was comments made that they were taking recreation away from the neighborhood. He stated his belief using this as a reason for denial is flawed in itself. He pointed out the Town Council has worked tirelessly with the Board of Education to get approval to house the Ramblers field at JFK. He noted they also took two sub-standard softball fields and turned them into one large competition field. He stated everyone knows recreation is a priority of the last Council and it will be a priority of this Council.
Councilman Kaupin stated he really fears the domino effect of not moving forward with Head Start. He feels the Town has invested too much in this process and other processes
to wait and see if more dialog will help resolve it. He stated everything he listened to at that meeting and what he has read in the newspaper from current P&Z members does not
give him a “warm and fuzzy” feeling theres going to be any conversation thats going to resolve their personal issues with this program. He stated he wants to move forward, and
if this is the step they have to take, then he feels they should move forward with the understanding that once they get the approval of the project done, and the project begun, that they then rescind this motion and place it back. He stated this Head Start building is too important to delay any further.
Councilman Mangini commended the Committee for all their hard work. She went on to state their system is a system of checks and balances and shes not ready to invalidate the Planning & Zoning Commission, nor is she ready for this Council to assume underlying liabilities. She stated shes very disappointed in the relationship that currently exists between the School Building Committee members and P&Z members. She feels if this resolution passes as it stands, they will be setting a precedent, and “theyre playing God.”
She suggested perhaps the Town Council could call for a Special Meeting between the two bodies and work out the differences.
Councilman Strom stated she can understand Councilman Manginis concern about invalidating the Towns P&Z Commission. She noted she served on the Planning & Zoning Commission for eight years and she understands their rules and regulations, and she does not feel in this particular project that they looked for valid reasons. She noted drainage and screening were addressed, and the concerns of residents have been listened to. She stated the Committee worked very hard to come up with the best solution. She noted theres no way any deadlines can be met if they dont do an override. She stated her belief this is a precedent, but a necessary precedent.
Councilman Fiore voiced concern that if they vote in favor of this, this may set in motion something they might not be able to turn back. He stated he would like to see one more shot given to work this out. He noted he would feel much more secure in giving this one more week until every avenue has been exhausted. He stated if after one week no one is willing to compromise, perhaps they could do this.
Councilman Edgar stated hes not in a position to say whos right or wrong. He noted the original intent was an addition to the Enfield Street School. He stated he does not feel the residents requests have been fully addressed. He added his feeling the extension should be requested as mentioned at the earlier workshop. He feels the Committee and P&Z should meet one more time to attempt to resolve the issue. He added his belief that would save legal money. He stated hes not prepared to vote on this tonight. He concluded stating he fully supports the Head Start Program.
Councilman Egan stated this Committee has worked diligently and went back to P&Z with every request made of them. She noted one of the reasons given by Commissioner Duren for not accepting the project was that it wasnt in harmony with the area. She pointed out this was a building that was suggested by them, approved by them, or approved by one of their committees, therefore, in essence, they went back and did what was requested of them, and then they were told its not in harmony with the neighborhood. She pointed out that neighborhood has schools, museums and churches. She agreed this is precedent setting, however, she believes they are in jeopardy of losing a good portion of this project if they dont move forward.
Councilman Strom stated in regards to giving this one more week, this is Monday night and Thursday is Thanksgiving and no one will be around on Friday, which means tomorrow or Wednesday they would have to meet. She stated her belief thats not going to happen. She feels giving this one more week doesnt seem plausible in any way.
Councilman Tallarita agreed with Councilman Taits comments. He noted hes disturbed for being put in this position since it appears their backs are completely up against the wall. He noted he fully supports the Head Start Program and the location, however, hes a firm believer in the check and balance system. He stated his belief they should work as diligently as possible to try to complete the process within the system. He noted hes still not comfortable with the dates hes been getting, and he believes there still seems to be some discussion that could be had with regards to whether these are true and real benchmark dates. He stated his belief they owe it to themselves and the community to try and resolve this within the system before taking such action and setting such precedence.
He noted they may very well come to this point, and it could be a week or ten days, however, before a commitment such as this is made, they should fully exhaust every attempt to resolve it between the Planning & Zoning Commission and the Building Committee. He noted he gets a sense that the issues might not be as big as believed, therefore, hes concerned the Council is acting without really exploring this further. He stated he would like to see the Council wait a very short period of time to fully explore all the options before taking this type of action.
Councilman Hall stated she is a liaison to the Building Committee, and the Head Start project alone has been very difficult. She noted the Committee did everything humanly possible to avoid taking the football field. She stated they manipulated that building to every conceivable position on that property. She noted the Building Committee has gone above and beyond in this project. She feels time is running out and she will support this resolution.
Councilman Kaupin referred to checks and balances and noted the only check and balance in the whole P&Z process is that if you dont agree with their decision, you take them to court. He stated he sees this action as the ultimate check and balance. He noted this is an attempt to avoid a legal battle between two entities of the Town. He stated in regards to trying to work something out, it cant be done since thats not legal. He noted theres a process to be followed, and unfortunately the process that would have to be followed doesnt allow the time frame thats needed for approval. He agreed this is a mess and the Council never should have had to be in this position, however, he feels P&Z placed them in this position and this is the only solution they have.
Councilman Edgar stated his belief there is time to request an extension, and time to resolve the issue. He added his belief if any comment was made about the “haves” or “have nots”, he believes that was inappropriate and uncalled for.
Councilman Falk stated the Building Committee pretty much complied with everything P&Z requested. He added there was no clean cut black and white reason for denial, but rather personal preference. He stated the priority has to be the education of the children. He pointed out this is a program that interacts with the high school students. He pointed out the Building Committee had seven meetings with P&Z and beat this to death.
Councilman Fiore stated his belief they owe it to all the residents of Enfield to think long and hard about what might pass here tonight. He voiced concern about the precedent setting. He added he wants to exhaust every avenue regarding this.
Chairman Vayda stated his main concern is that the Council is doing this in a way that will make this as iron clad as they can possibly make it without making a mistake that will cause litigation later on, possibly holding up the project further down the line.
Attorney Bromson stated his belief putting this under Miscellaneous was appropriate. He noted the Council will have the same exposure if they do this in two weeks. Regarding the opinion given in regards to the building being detached or attached was directed to Bond Counsel because Bond Counsel, by the Charter, is retained for these circumstances because theyre experts. He noted he cannot answer hypothetical questions. He stated they did look at the law in regards to the resolution and the procedure that the Legislature has outlined is pretty simple, in that it just take six majority votes to do this, therefore, it clearly conforms to the State law for the Council to take this action.
Councilman Edgar questioned if the Town Attorney can tell the Council at this time whether or not a liability for the Council exists if they pass this or dont pass it. Attorney Bromson stated if the Council overrules P&Z and approves the project, then the Council has clearly assumed the responsibility of that action. He noted he cant foresee what the potential liability would be. Councilman Edgar questioned whether P&Z could sue the Council, and Attorney Bromson responded anyone can sue anyone. He added its just a matter of how the courts or a jury ultimately deal with it to determine whether or not they were right.
Chairman Vayda questioned whether they could do anything practical with P&Z within ten days.
Councilman Edgar stated his belief anything is possible.
Attorney Bromson stated his belief it depends on the views of the parties. He stated if any substantial changes are required by P&Z in order for them to approve this project at a subsequent meeting, it would be impossible to meet the time frames outlined earlier since they would have to go back to the State, boards and agencies that would have to review those changes.
Councilman Strom stated it would be necessary for P&Z to meet with the Building Committee, then they would need to advertise a meeting where theyre going to make a decision, and they need to be making a decision on something, and until they decide what they want changed, that cant be done. She noted this cant be done in a ten-day period.
Attorney Bromson clarified theres no legal prohibition to continue it to two weeks, unless theres some other time deadline hes unaware of, but if there were any changes contemplated that were substantial and required a new review, then it wouldnt be successful.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5557 adopted 7-4-0, with Councilmen Edgar, Fiore, Mangini, Tallarita voting against.
COUNCILMEN COMMUNICATIONS
Councilman Hall stated her appreciation for the passage of this resolution.
Councilman Kaupin welcomed Deputy Mayor Tallarita and Councilman Edgar to the Council.
Chairman Vayda noted this was a difficult meeting and a difficult decision.
ADJOURNMENT
MOTION #5558 by Councilman Egan, seconded by Councilman Fiore to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5558 adopted 11-0-0, and the meeting stood adjourned at 9:57 p.m.
Respectfully submitted,
Suzanne F. Olechnicki
Town Clerk Jeannette Lamontagne
Clerk of the Council Secretaru to the Council
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