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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
JUNE 18, 2001
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 Monday, June 18, 2001. Chairwoman Strom called the meeting to order at 8:07 p.m.
PRAYER The Prayer was given by Chairwoman Strom.
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said.
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; Town Attorney, Christopher W. Bromson; Director of Public Works, John Kazmarski; Deputy Director of Public Works, Geoffrey McAlmond; Director of Finance, Gregory Simmons; Recreation Supervisor, Mary Keller Director of Community Development, Laura Watson.
MINUTES OF PRECEDING MEETINGS
MOTION #5338 by Councilman Vayda, seconded by Councilman Kaupin to accept the minutes of the June 4, 2001 Special Meeting.
Referring to Page 5, third paragraph, Councilman Dodd noted he had asked Mr. Sheal to check on the snow shelf, and they indicated theyd look into the adequacy of that. He noted there was discussion about plowing the reconfigured parking and he said it would be done by private contractors. He stated his question did not ask “who”, but “how”, referring to the parking obstacles. He added they were supposed to investigate the radius on the driveways.
Referring to Page 5, sixth paragraph, Councilman Dodd noted they discussed the use of angle parking, and this should be termed “reversed angle parking”.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5338 adopted 11-0-0, as amended.
MOTION #5339 by Councilman Mangini, seconded by Councilman Kaupin to accept the minutes of the June 4, 2001 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5339 adopted 11-0-0.
PUBLIC COMMUNICATIONS & PETITIONS
Stephen Bartus, 72 Ridge Road
Noted hes currently a Freshman student athlete at Fermi High School. He noted he has traveled extensively for sports, and based on his experience, he believes the athletic facilities at his school are disappointing, particularly the gravel track. He explained the gravel track retains water after rain and becomes very dusty in dry weather.
He urged the Council to follow through with the advice of the recreational study that advises upgrading the athletic fields.
Phillip Armentano, 12 Charnley Road
Wade Burchell, 11 Charnley Road
Mr. Armentano explained in recent years there have been two ways in which to farm tobacco. He noted the most common way is to plant crops in rows that are far enough apart so as to allow ground spraying machinery to pass through each row. He pointed out ground spraying is the most effective method since they can spray from the ground up to the undersides of the leaves which is the way molds grow. He stated spraying top down is not efficient or effective. He noted most farmers in this area use the first method.
Mr. Armentano stated a second method of planting requires aerial spraying since the rows are planted so close together that machines cannot pass between without damaging leaves. He explained the farmer plants in this manner to get more crop per acreage. He noted this planting method requires spraying every five days during the bulk of the summer. He stated outer rows which arent adequately sprayed by aerial methods are blasted by ground spraying cannons from the outside perimeters. He noted this is not the same ground spraying that is done by the first method of planting. He explained this other type of ground spraying is at least as bad as aerial spraying since the force of the blast causes the chemicals to billow up from the field and then blow onto neighboring property. He pointed out this is the type of spraying he was threatened with last Tuesday on June 12th at the Enfield Shade Tobacco warehouse. Mr. Armentano thanked Councilmen Egan, Hall and Mangini for being present at the Enfield Shade Tobacco meeting.
He then described three chemicals that Enfield Shade Tobacco plans to use on their crop and the possible side effects of each of those chemicals, i.e., thyroid problems, birth defects, cancers, mutations in chromosomes, respiratory failure, Parkinsons Disease, dementia, blindness, impacts on kidney, liver, blood chemistry, convulsions, chemical accumulation in fat tissue, impairment of the central nervous system, nausea, vomiting, blurred vision, coma, death to animals, birds, and fish. He noted chronic effects can last months or years and may include reproductive problems, lower fertility and shortened life span.
Mr. Armentano stated his neighbor has a child with very bad asthma, and if Enfield Shade Tobacco is granted a permit, these very toxic chemicals will be sprayed in the air with the possibility of sufficient drift into this neighbors property. He pointed out that on a nice day this child will not be able to play in his yard because of aerial spraying. He stated families should not be hostages in their own homes in the Town of Enfield.
He asked the Town Council pass a resolution and a letter be written on behalf of the citizens of Enfield requesting the DEP not issue a permit to spray pesticides and fungicides by aircraft in the Town of Enfield. He explained he is making this request for the following reasons:
Because of the peculiar situation in Enfield, whereby tobacco fields abut so many neighborhoods with families and children, therefore, it is not safe to do aerial spraying in this town.
That the Town Council express to the DEP their concern for the health of Enfield citizens, especially the children
That the Town Council express their concern for the safety of the citizens of Enfield
That Enfield Shade Tobacco has a history in Enfield of complaints and violations
That there has been a history of implied threats by Enfield Shade Tobacco
Mr. Burchell explained he has 21 years in the military and about 2,000 hours of rotary and fixed wing time. He noted he attended the Enfield Shade Tobacco meeting on June 12th and witnessed how the president of Enfield Shade Tobacco treated and threatened his neighbors. He pointed out in a newspaper article, he was accused of introducing hostility. He stated his line of questioning was strictly addressed to the pilot. He noted he asked the pilot how many hours of rotary time he had, and he responded 170 hours. He explained after flight school, a person will have almost that many hours of flight time, but they will be very “green”. He noted when that person goes to a squadron, they still need instruction. He pointed out even though it may be totally legal, this is the person that will be flying for Enfield Shade Tobacco.
Mr. Burchell stated he works for Kaman Aerospace and he knows many of the systems that go on helicopters. He explained there is a Simplex System used in aerial spraying, and he asked the pilot if he has any OEM training, and he had none. He questioned the pilot how many caution or advisory lights are in the cockpit to let the pilot know that when a switch is thrown that indeed the pesticide is no longer discharging none. He pointed out it was at about this point that the president of Enfield Shade Tobacco accused him of introducing hostility.
Mr. Burchell stated the June 12th Enfield Shade Tobacco meeting was supposed to be an informative meeting, but the neighbors didnt get any information, but they were offered incentives to sign a petition, i.e., free plowing, battery recharge.
He stated at the June 12th meeting they were told the helicopter would travel 40 knots, just barely over the nets, turn off the pesticide switch and then climb up to 200 feet over some of these homes and turn around and come back down. He noted this type of flying is dangerous. He explained if the pilot is at certain altitude, airspeed, and gross weight on a hot day, something bad could happen.
Mr. Burchell referred to FAA rules and noted if an operator isnt operating safely, the Town can do something with the FAA.
He referred to Acrobat, one of the chemicals that is supposed to be used, and the directions for this chemical say it is not to be used in aerial spraying. He pointed out there are other restrictions on the other chemicals as well.
Mr. Burchell stated DEP is going to decide on this permit by the end of the week. He pointed out Enfield has some say about this. He noted theres some prerequisites with regard to public comment in the permit for pesticide application. He added theres also a permit requirement for the pilot. He recommended the Town write a letter to DEP and submit the Towns objection to this spraying and the use of these chemicals with the note that some of these chemicals are not allowed to be aerial sprayed, and request a public hearing, and that DEP request that an applicator license be provided. He added they could also write the FAA. He volunteered to provide any needed information.
He stated the final item that could be researched would be investigating the noise abatement because he feels there may be some gray areas.
Chairwoman Strom requested Messrs. Armentano and Burchell provide the data that they referred to so that it can be disseminated to the Town Council.
Maureen Pelligrini, 14 Charnley Road
Questioned what the Town Council would recommend concerning the aerial spraying. She voiced concern about the pilot being used for this operation.
Mary Ann Turner, 7 Meadow Road
Requested the Town Council ask Mr. Shanley if he could speak with Mr. Giner who has attempted to solve the problem in her neighborhood. She noted Mr. Giner has been very responsive. She explained the problem has to do with Planning & Zoning giving a directive on staying out of the 25-foot buffer which relates to plantings, dumping, etc. She stated Mr. Giner agreed that the problem still exists and he was going to send out Mr. Bickley. She noted she received an e-mail from Mr. Giner telling her that Mr. Bickley technically did not see a violation. She requested this be looked into. She stated this is only asking the Pheasant Hill residents to stop dumping their garbage along the buffer line.
Referring to the condo trash issue, Ms. Turner questioned wheres the benefit to the whole community regarding picking up condo trash. She urged the Council to vote against this issue. She feels this will be a real cost to the Town down the road.
Larry Petock, 9 Charnley Road
Voiced his concern about the aerial spraying, the chemicals used, and the long-term effect on people. He urged the Town thoroughly look into this and that Enfield Shade Tobacco not be allowed to spray until its known exactly whats going on. He noted the Town takes good care of its residents, and he feels this is something that has to be done right.
Margaret Jedziniak, 232 Abbe Road
Stated she contacted the records division of the Secretary of States Office and questioned how the voters in Enfield could go about changing the law that makes any board of education autonomous and does the state law supercede the town charter. She noted one answer from the records division was that because the voters vote in the board of education members, theyre considered accountable. She noted she does not see that in Enfield. She stated the town does have some latitude and would have to change some ordinances or the charter and the state legislator is responsible for the law of governing at this time. She asked whether the voters can produce a lawful petition with enough signatures to do this, or is there any way to approach this question, except for a charter change.
Ms. Jedziniak stated after reading the June 15th Hartford Courant article about the so-called spending spree contemplated by the Enfield Board of Education and their having a $400,000 surplus just after stating almost all of the initiatives proposed to benefit education in Enfield are gone. She pointed out the administration will not be spending that surplus on programs for the pupils, but rather for trucks, Enfield High Schools perimeter road and pothole repairs. She questioned if these things are considered an essential priority compared to education, or even athletics.
Paul Bridell, 6 Charnley Road
Stated his wife asked the president of Enfield Shade Tobacco if some of the chemicals over spray into their yard and their children ingest some of these chemicals, is it safe. He noted the president responded “do you let your children eat oven cleaner”. He noted this is the type of mentality that this person has in regards to the safety of the people in this neighborhood.
Mr. Bridell stated if there are any bad side effects, he guarantees he will be back before the Council. He urged the Council respond to the neighbors request that a letter be sent to DEP.
Robert Tkacz, 1300 Enfield Street
Stated his belief aerial spraying should be stopped immediately in Enfield.
Mr. Tkacz stated residents can purchase tipper barrels through Home Depot for less than purchasing them through the Town. He went on to state his belief there are a lot of excess costs in the Solid Waste Department.
He questioned why the Town of Enfield doesnt use rear-end dumpsters. He added his belief it will cost more than $32,000 to $35,000 to employ a front end loader truck driver. He questioned why the Town is worrying about picking up condo trash when money is needed for voting machines, new athletic tracks, etc.
Laurence Avery, 138 Pleasant Street
Voiced his opposition to aerial spraying. He stated its possible the negative effect of these chemicals could reach further than just the abutting residential properties. He added hes also opposed to a helicopter applying the chemicals because he does not believe a helicopter has the maneuverability of a fixed wing plane.
Mr. Avery stated his hope the Town will provide new athletic tracks. He stated his belief this is paid for out of the capital improvement budget.
MOTION #5340 by Councilman Kaupin, seconded by Councilman Hall to suspend the rules to add Item m. to Items for Discussion which discusses the concerns of the aerial spraying; and to move Items c., j., and m. from Items for Discussion to be addressed after the Report of Special Committees of the Council.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5340 adopted 11-0-0.
COUNCILMEN COMMUNICATIONS & PETITIONS
Councilman Hall noted she distributed a handout to the Council concerning the chemical Acrobat. She pointed out this is one of the chemicals that is actually on the application that DEP has before them right now for consideration. She stated her belief its important to note on the second page, under directions for use “Do not apply this product aerially or through any other type of irrigation system”. She pointed out Enfield Shade Tobacco is planning to spray this chemical from the helicopter. She referred to another item in this document “Attention: This product contains Mamazev and EDU, chemicals known to the State of California to cause cancer. EDU is also know to the State of California to cause birth defects or other reproduction harms”. Councilman Hall stated her belief they have some legitimate concerns as a town, and she feels the citizens have brought forth a legitimate request that the Town can act on by urgently and directly writing to DEP and requesting a public hearing and let it be known that the Town Council does no approve of this aerial spraying with these particular pesticides.
Councilman Hall stated she is personally opposed to any aerial spraying. She feels this can be done by other methods. She pointed out this is the only farmer in the State of Connecticut that does this for tobacco, and she is confused as to why Enfield is subject to this farmers aerial spraying.
Councilman Hall stated her belief its time that the Town Council stepped in as a town and took action with the DEP.
She stated at the Enfield Shade Tobacco meeting, it was learned that when the farmer went from a fixed wing plane to a helicopter, he side stepped DOT. She explained there is a process through DOT whereby a low-flying waiver permit is required for fixed wing planes. She noted this waiver permit isnt required with a helicopter.
Councilman Hall questioned whether there is any type of injunction or cease and desist action that can be taken if this farmer insists on using these chemicals. Attorney Bromson stated they looked at all of those issues in regards to their last memo. He noted the state law specifically says that towns are preempted from bringing any sort of injunctions or cease and desist orders in regards to private or public nuisance. As concerns fixed wing or helicopters, he noted portions of the statute specifically address helicopters as to when they can or cannot be used, therefore, by implication they are included and able to be used as farm equipment. He stated theyve talked to people from DEP and called people at FAA to see if there was some type of technicality that would give the town jurisdiction on any public health or safety issues so that they could at least try to do something to slow up the process, however, they were unable to glean anything from those agencies or their research.
Attorney Bromson stated the Town and residents could write to the DEP to say theyre adamantly opposed to aerial spraying. He noted this might help have more of a watch dog effect as to whats being done on this farm. He added whenever theres a transgression, it can be reported. He pointed out that although DEP can issue a permit, the statute does not exonerate the farmer from negligence or any damage done to public health or property. He added his office can assist the Town with a letter to DEP to express all the Towns public health and safety concerns they have and implore DEP not to issue a permit.
Attorney Bromson stated it is interesting to note that in a town as congested as Enfield, this is the one area that DEP is considering giving a permit, whereby there are other areas in the state that are much more wide open. He noted it doesnt appear the equities are fair to allow it.
Councilman Hall stated her understanding theres a proposed helipad for Fletcher Road in a residential area for the use of the helicopter. She questioned if that is an allowable use in a residential area. Attorney Bromson stated they will look at that immediately.
Councilman Kaupin noted he had a discussion with a Green Manor resident concerning the Councils action a few weeks ago when the Council decided to move forward with sidewalks on one side of the street. He questioned whats the process for the Council starting to generate a plan for the removal of the old sidewalks. He requested information about this be supplied in an upcoming Council packet.
Councilman Kaupin thanked Councilman Dodd for his many years of service on the Council. He noted Councilman Dodd brought to the Council a very unique perspective with his knowledge in public works and building maintenance. He stated the Town will really miss his expertise.
Councilman Mangini thanked the Clean Sweep people for their excellent job this year. She requested an update be provided regarding parking lot lighting in Powder Hollow.
Councilman Mangini thanked the Police Department for their prompt response to a potential flooding situation.
Councilman Mangini referred to the athletic track situation and stated recreation is a very important issue to the Town.
Councilman Mangini stated her understanding there may have been a recent violation filed against Enfield Shade Tobacco regarding the use of pesticides. She requested the Council be made aware of this action if its a public record. Councilman Egan stated she checked into this today and the violations they were referring to were from last year. Attorney Bromson stated the state law is that any information that the chief executive officer receives is confidential and is not public information, therefore, if there were a complaint made or there was on-going information, he would not be able to confirm that or deny it. He noted such inquiries should be made directly known to the DEP. He added he can furnish the Council with the statute in that this is not public information.
Councilman Dodd addressed the comment under public communications regarding front end loaders vs rear loaders. He explained a rear loader has a cable hoist and its failure has very quick, dramatic results, whereas the front end loader is hydraulic and its failure has a little more response time and is not as dangerous as the rear loader. As concerns the tipper barrels, he has three and is very happy with them. He stated his belief this is the way to go because it eliminates a lot of back injuries.
Councilman Fiore stated at the last meeting he had asked about the status of the EPA America the Beautiful grant and whether the Town did apply last year and whether the Town received any monies. He added he also would like to know if the Town is going to apply again this year. Mr. Shanley made note of this.
Councilman Fiore thanked Mr. Shanley, Mr. Vindigni and the Police Department for a situation that occurred at the St. James and Elm Street area as pertains to how the State of Connecticut maintains the property it owns in Enfield. He thanked the Town for continuing to notify the state to get them moving along with lawn mowing and taking care of those properties. He questioned what procedure can be put in place so that the state continues maintaining these properties.
Councilman Falk stated some time ago correspondence was received from a Somers Road resident indicating an interest in some type of traffic calming. He questioned the status of this.
Chairwoman Strom stated on June 11th she and the Town Manager attended a service awards event in New Britain which covered all of the towns in the sixth congressional district. She pointed out Enfield had 47 people receiving an award for having 25 years or more of public service to the Town. She stated her belief its very telling of the community that Enfield had that many people that were eligible for this kind of recognition. She added her belief Enfield had the largest contingent of people that were eligible for the award.
Chairwoman Strom stated Councilman Dodd will definitely be missed on this Council. She noted it has been a pleasure working with him and he has brought a wonderful calming effect to the Council and his knowledge in many areas has served the Town well.
Councilman Vayda thanked Councilman Dodd for his time served on the Council. He noted he respects Councilman Dodds opinions and the things he stood for, and he knows he will be missed.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Shanley stated the traffic calming policy exempted Somers Road from traffic calming so it was not eligible. He added there were courtesy signs erected requesting trucks not use that road.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Bromson stated word was received from DEP that Enfields Noise Ordinance was approved. He noted upon publication 30 days thereafter, it will be enforceable.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Kaupin read a motion made by the Town Green Committee as follows:
“Eileen Hargraves made a motion that the Town Green Advisory Committee thanks the Town Council for the opportunity to serve, but believes it has fulfilled its charge and that it is time for the Town Council to disband the Committee”. The motion was amended to add “Any funds remaining in the Town Green accounts after settling any outstanding expenses be used for the maintenance and beautification of the town green”. The amended motion was seconded by Tom Baziak and was adopted unanimously.
Councilman Mangini stated the Prison Liaison Committee met last week and the numbers are almost the same in all the prisons-no increases and no decreases. She noted the request of the prison committee is for this Council to look at applicants to fill vacancies.
She noted there has been a change of leadership regarding the wardens.
Councilman Mangini stated the Enfield Revitalization Committee is working very hard on all the projects before them. She noted they will be coming forward with their individual opinions as to what they would like to see as part of the charge for that committee.
DISCUSSION/RESOLUTION RE: SENIOR BUILDING COMMITTEE FINAL PLAN
Present for this discussion were Sam McGill and Russ Maylott.
Mr. Maylott stated the Senior Center Building Committee expressed their appreciation regarding the social service office space. He noted this change will allow for the anticipated programs to have a designated space in the new building while offering flexibility for future needs.
Mr. Maylott stated they are before the Council this evening to request approval on the plans in order to go forward with the bid process. He noted approvals for this project have been obtained from the Inlands/Wetlands Commission and the Planning and Zoning Commission. He noted they wish to express special thanks to Councilmen Dodd, Egan and Fiore who offered encouragement and support for this Committee. He added the Committee will miss Councilman Dodd.
MOTION #5341 by Councilman Mangini, seconded by Councilman Vayda to suspend the rules to address this item under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5341 adopted 11-0-0.
DISCUSSION RE: STREETSCAPE
Present from Milone & MacBroom was Tom Sheal.
The Council first discussed the Northgate Streetscape.
Councilman Fiore referred to Item c. on the memorandum regarding extending the sidewalks and stated his belief they also asked to have the sidewalks removed in a certain area. Mr. Sheal noted they will address that.
Councilman Fiore noted they were to look at Twisties. Mr. Sheal stated Twisties is about 15,000 square feet of area. He noted the Council had questioned that since this property is for sale, would this property be of any benefit to the community as a municipal parking lot. He noted he spoke to the Assistant Town Planner who provided some particulars of this property.
Councilman Fiore referred to Option E. Mr. Sheal noted this has to do with the concept of whether there would be an advantage of changing the route of a one-way street (Carl Street). He noted in talking with Town staff, it was believed that if they did not have Carl Street going all the way through to Enfield Street, it would be necessary to put in a large cul-de-sac in place of the through connection. He pointed out there really wasnt room for that, therefore, the concept was whether they could actually go across from Carl Street to Willard, which is south and basically goes across some properties. He displayed an overlay showing the properties in question between Carl and Willard Streets. He went on to note Boston Seafood is adjacent to Willard Avenue. He noted Boston Seafood, a tattoo shop and Connecticut Valley Auto are three commercial properties between Carl Street and Willard. He stated Boston Seafood and the tattoo shop have some informal parking in the back. He explained if a connection were to be done, the Town would need to acquire some property from each of these three businesses. He stated they may be creating some non-conformities relative to dimensional requirements for lots in that zone. He noted the advantage would be that theyd be able to stop the pass through to Route 5 at Carl Street, however, there are a few hurdles to cross.
Mr. Sheal stated his belief it would cost about $100,000 to put the road in with additional costs to reorganize parking, curb cuts, etc., as well as the acquisitions.
Councilman Fiore stated his belief that in order for this project to go forward, they need to assist with some of the parking and curb cuts onto Route 5. He strongly suggested the Council allow them to go forward with one of these suggestions. He stated his belief this would alleviate some of the parking problems for the merchants in that area.
Councilman Fiore questioned whether Mr. Sheals firm has any involvement with the Bright Meadow Boulevard proposal. Mr. Sheal responded they are involved. Mr. Shanley stated Milone & MacBroom is responsible for doing the engineering for that project as well. Councilman Fiore requested a quick status on that project. Mr. Sheal stated that project is in planning, and they do not have a plan to present as yet since theyve been working very hard on the Northgate proposal. He went on to note the Bright Meadow project is fairly straightforward from Friendlys to the Radisson. He noted it gets a little trickier going from the Radisson to the Phoenix. He stated they will probably examine the concept of removing the center paved island and relocating traffic lights in the center of the island. He noted this would allow the sidewalk to be fitted in adjacent to a guardrail that goes into wetlands and low areas. He added it would eliminate the little paved esplanade and that would become a double-yellow center stripe with basically four lanes of traffic two each way. He noted also involved in that is the rehabilitation of Bright Meadow itself.
Chairwoman Strom stated her belief any parking being provided should be near the businesses.
Mr. Shanley suggested doing a cost benefit of each option.
Councilman Falk questioned when the finished plan might be available. Mr. Sheal stated his belief they could do Northgate in a fairly rapid time frame. He noted they would like to have the construction documents by the end of August. He noted having to acquire any properties would lengthen the process considerably.
Councilman Falk questioned whether pavers will be going across the driveways. Mr. Sheal stated they believe the driveway crossings would add about a $45,000 cost.
Councilman Fiore stated his belief in this particular area it would be difficult to do the pavers across the parking lots. He noted this is a high traffic parking area. He noted hed rather use that money in a better form.
Councilman Kaupin questioned whether any part of this project would qualify for any type of state funding for highway improvements. Mr. Shanley stated his belief its worth exploring.
Discussion then followed regarding the Hazardville Streetscape proposal.
Councilman Kaupin questioned whether the $515,000 figure incorporated the recommendations from the Revitalization Committee, i.e., street lighting, sidewalks, etc. Mr. Sheal stated his belief theyre in sync with what the subcommittee is interested in doing regarding the lighting. He added the other comments are generally in sync with what they were planning. He noted the only item that they really havent included in the $515,000 is the small number of on-street parking spaces because they really havent defined whether those are going to happen at the same time as the sidewalks.
Councilman Kaupin questioned the issue as to what type of paver would go over a driveway. Mr. Sheal stated they have the option of considering a deeper base for the uni-pavers and perhaps a slightly thicker paver. He noted there is also the question of whether this should be done over the busy commercial driveways as opposed to the residential driveways. He suggested they revisit this in detail to see where there might be some cost savings.
Councilman Kaupin stated his belief its very important that they support the recommendations of the Revitalization Committee. He noted the Committee put in a tremendous amount of time into this effort. He stated he would like to see the pavers along the full length of the core area, as well as the installation of the lighting, trees, and planters.
Councilman Hall agreed with Councilman Kaupin. She noted this Committee worked very hard to get to this point, and she would like to see things get started this construction season. She added her belief its important to extend this once the Route 190 alignment is done.
Councilman Falk stated before going forward, he would like a handle on what the total project cost might be. Mr. Kazmarski indicated he could provide more cost information regarding sidewalks.
Chairwoman Strom pointed out this is a multi-year project.
Councilman Vayda stated he would like to see this move forward.
Councilman Mangini stated although she would like to see more dollar figures for the complete picture, she believes they need to start moving forward.
There was consensus to move forward with the full design on the core area.
Mr. Shanley stated he met with the Route 190 corridor study people, and it appears they will be recommending a turning radius adjustment at Maple and Route 190 intersection. He stated they will request Mr. Sheal to incorporate this into the design so that the design
and the construction of the streetscape takes into account that the radius will probably be pushed back in a couple years.
Chairwoman Strom questioned if things move forward, when will they go out to bid. Mr. Sheal stated his belief they could begin construction this fall.
Councilman Kaupin stated it has been his perception that the subcommittee has provided ample opportunity for businesses to provide input into proposed plans. Chairwoman Strom added this has also been discussed at Town Council meetings.
DISCUSSION RE: AERIAL SPRAYING
Councilman Hall stated another avenue to look at might be through the pesticide permit application by aircraft. She noted theres a clause under the DEP which says, “If the proposed area is congested, or is a park with public access, or is a playground, swimming area, etc., a permit will only be issued if the Director of Health for the municipality in which the spraying is being conducted approves the application.” She noted this might be an opportunity for North Central Health to get involved. She stated her belief theres an open space area next to the Charnley Road neighborhood that was designated as recreational space.
Councilman Hall stated she would like to see this in a resolution form since she feels this would express the Councils opinion more strongly. She added she would like this resolution to state that theyre opposed to the aerial spraying of these pesticides. She noted she would like to stand behind the request for a public hearing from the DEP.
Councilman Kaupin stated his impression the permit is going to be granted or denied within a week or so. He questioned if they could draft a resolution tonight that states the Town Attorneys Office, the Town Managers Office and the residents create a letter and send it on the Councils authority so that it arrives at DEP prior to the permit being granted. He added conversely people need to understand what the ramifications will be without the aerial spraying, i.e., ground spraying which can be just as bad as aerial spraying. He went on to note agriculture is very difficult to regulate from a municipal standpoint.
Councilman Mangini agreed with Councilman Kaupin. She went on to state they need to address the health and safety of the people. She added she would like to move forward with the resolution. She stated she would like to learn the status of the current permit, i.e., is it a pending permit, is it a granted permit.
Councilman Dodd stated the person mixing these chemicals needs to have a license that certifies that he is capable of mixing all of these chemicals. He noted there are two in particular that have an increasing volume of rudimel and its strictly prohibited from mixing two chemicals with the same agent in it because of a residual factor, which means all of his tanks have to be cleaned, and this goes with their licensing. He suggested asking the question as to whether the person mixing the chemicals is the pilot or a licensed applicator.
Councilman Egan stated she spoke to a person at DEP today, and they are very much on top of this. She noted legislation has been implemented to protect the boundaries of the abutting property owners to the tobacco fields. She pointed out the Health Department has been out to these fields on numerous occasions.
Councilman Fiore stated he definitely feels they need to send a message to DEP and let them know they do not approve of this type of spraying and they do not want it to continue. He commended the Veterans Council for their work in this area.
Councilman Hall stated as of this afternoon, the permit has not been granted. She noted if they can get North Central Health involved with this permit process, it may delay things a little further. She also commended the Veterans Councils for working on this issue tirelessly with the State Representatives.
Councilman Hall stated just because of this farms blatant disregard for the health and welfare of Enfield citizens, she feels its important to stand united against this attack on the residents of this town. She noted if there is a hearing with DEP, she feels its important to invite the same people theyve invited to all the other meetings, i.e., the FAA. She added it would be good to have someone from the state to address the noise ordinance issue.
Councilman McGuire stated his belief they should be really aggressive with pushing this through. He added they should also look at the FAA issues.
Councilman Falk questioned the next step.
Attorney Bromson stated the Council could authorize the Town Manager to send a letter on behalf of the Council and the residents objecting to the aerial spraying and requesting a public hearing.
Councilman Giddings stated his belief this is of the utmost importance because it concerns the health and welfare of Enfields citizens, and he would like to move forward with this.
Councilman Vayda stated in the letter to DEP he feels they should list the reasons why the Town thinks this permit should be denied. He noted he is appalled about the lack of controls, i.e., no mechanical control on the aircraft that indicates the release of pesticides has been shut off; lack of pilot experience; licensing issues, etc.
Councilman Vayda stated in the future they should think about what they ought to be doing regarding the legislative agenda in terms of what other things need to be addressed.
Chairwoman Strom pointed out Enfield is not a rural community. She noted there is no place where homes are not in close proximity to these fields.
Councilman Egan stated there was legislation brought to the State Senate this year banning aerial spraying, and she believes it died in committee. She noted there is a whole issue relating to West Nile Virus.
Councilman Vayda stated hes not suggesting they ban aerial spraying altogether, however, there should be certain things in place, i.e., protection for the individual. He stated his belief the permitting process is rather vague about what the requirements are, and he feels it needs to be fairly specific.
MOTION #5342 by Councilman Kaupin, seconded by Councilman Mangini.
The Town Council of the Town of Enfield authorizes the Town Manager, in conjunction with the Town Attorney, the North Central Connecticut Health District, and the residents of Charnley Road to draft and send a letter stating the Towns opposition to aerial spraying in the Town of Enfield and request that a permit not be issued to Enfield Shade Tobacco. The Town Council also requests a public hearing with the Department of Environmental Protection to review the process and procedures for the application of pesticides within the Town of Enfield.
Councilman Hall requested they add the FAA to the hearing. Councilman Kaupin agreed.
Councilman Hall suggested this go by Federal Express or overnight delivery and perhaps a fax copied to DEP so that the Council knows theyll receive it immediately.
Attorney Bromson suggested to make things simple, the Council should authorize the Town Manager to write the letter. He noted it may be difficult to get all the groups together so they can accomplish this in a timely manner.
Mr. Shanley stated his impression the first thing they should convince DEP of is that they need to hold a public hearing. He noted this would allow them to get all the details into the record.
Councilman Hall stated her only concern is that this letter be faxed and delivered to DEP tomorrow.
Councilman Mangini requested the Council be supplied a copy of Section IV, Public Act 98-140.
Chairwoman Strom stated she would like the language included that a permit not be issued until a public hearing is held.
Upon a ROLL-CALL vote being taken, the Chair declared MOTION #5342 adopted
11-0-0.
OLD BUSINESS
APPOINTMENTS (TOWN MANAGER)
MOTION #5343 by Councilman Falk, seconded by Councilman Kaupin to remove Item #5 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5343 adopted 11-0-0.
NOMINATION #5344 by Councilman Falk to appoint Jason Jones (R) to the Zoning Board of Appeals for a term which expires 12/31/01.
MOTION #5345 by Councilman Falk, seconded by Councilman Giddings to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5345 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Jason Jones appointed to the Zoning Board of Appeals by an 11-0-0 vote.
All other appointments remained tabled.
Items c., d. and e. remained tabled.
MOTION #5346 by Councilman Kaupin, seconded by Councilman Vayda to remove Item f. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5346 adopted 11-0-0.
RESOLUTION #5347 by Councilman Hall, seconded by Councilman Kaupin.
WHEREAS, at their May 8, 2001 meeting the Enfield Board of Education approved by unanimous vote to allow the Enfield Ramblers Football Team to conduct their games and practices at JFK Middle School; and
WHEREAS, a proposed field layout at JFK was developed to meet the needs of the Enfield Ramblers and the JFK School Officials; and
WHEREAS, the Camp, Dresser & McKee Recreation Facility Study dated November 2000 recommends the relocation of the Ramblers Football Program from Enfield Street School, and
WHEREAS, a site plan application is scheduled for review by the Enfield Planning & Zoning Commission at their June 21, 2001 meeting.
NOW, BE IT RESOLVED, that the Enfield Town Council does hereby approve the relocation of the Enfield Rambler Football Program from Enfield Street School to JFK Middle School, and
BE IT FURTHER RESOLVED, that by authorizing such relocation the Town Council approves the use of funds appropriated to implement recommendations from the Camp, Dresser & McKee Recreation Study to pay for work associated with this project, such amount not to exceed $45,000.
Councilman Fiore stated his support of this plan. He questioned if theres still $57,000 in the capital improvement fund. Mr. Vindigni stated that may be correct. He noted this was based on feedback from various staff members on CDM projects to date along with some of the projects theyve moved forward on, i.e., the skateboard parks.
Councilman Fiore stated his understanding four playscapes are being done, but the Lamagna Center playscape is not coming out of this account. Mr. Vindigni stated theres actually a total of five playscapes, and the Lamagna Center playscape is not part of this project, nor is the VFW park. Mr. Shanley stated the VFW park will be done separately, and the Lamagna playscape is coming out of maintenance.
Councilman Fiore questioned when theyll be starting the study for the next phase of Brainard Park. Mr. Vindigni indicated that would be looked into.
Councilman Fiore stated since they never officially closed certain capital projects, is part of that to be part of their $200,000 allocation. Mr. Shanley stated they can formally close projects to the reserve fund or reallocate the funds. Councilman Fiore suggested discussing this issue at the next leadership meeting.
Councilman Hall questioned if the $7,300 for Milone & MacBroom is the cost to update the previous study. Mr. Vindigni stated that would be to update the 1997 study. He noted included in that is whether Fermi could handle a third skateboard park. Councilman Hall questioned the time line for that study, and Mr. Vindigni responded August 31st.
Councilman Kaupin voiced his support of this resolution and expressed his appreciation to Mr. Vindigni, staff at DPW, the Board of Education, the School Facilities Department, and the Enfield Ramblers for their help on this. Mr. Vindigni noted Mr. Neville, Art Pongratz and Geoff McAlmond were very instrumental with this effort.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5347 adopted 11-0-0.
MOTION #5348 by Councilman Kaupin, seconded by Councilman McGuire to remove Item g. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5348 adopted 6-5-0, with Councilmen Dodd, Egan, Falk, Giddings and Mangini voting against the motion.
RESOLUTION #5349 by Councilman Kaupin, seconded by McGuire.
BE IT RESOLVED, that the Enfield Town Council does hereby direct the Town Manager to implement the collection of refuse and recyclables by the Town of Enfield Department of Public Works, no sooner than July 1, 2003, within the premises of all Planned Residential Developments (PRDs), or more commonly known as “condominiums” subject to the following:
- each duly authorized PRD representative shall agree to the cessation of the Towns reimbursement to PRDs for the collection of recyclables and the Town shall reallocate such expenditures towards the capital purchase of a front-loading refuse collection vehicle;
- the satisfactory execution by each duly authorized PRD representative of hold harmless agreements prepared by the Town Attorney, as well as the execution of any other documents necessary to safeguard the Towns interests and consistent with the Towns legal rights;
- the understanding by each PRD that in being provided such refuse collection, the PRDs specifically waive the right for any other Town services not presently provided, including, but not limited to, plowing and sanding of streets, road improvements, etc.
- the Town shall be reimbursed for the installation of dumpsters and tipper barrels as designated within the PRD and the PRD shall be responsible for any action necessary to prepare its property for such installation;
- the PRDs shall guarantee compliance with all rules and regulations promulgated by the Town and applicable to the municipal collection of refuse and recyclables within PRDs.
- the implementation of this service is predicated upon 100% participation of all existing PRDs as of the date of passage of this Resolution.
- in accordance with the Enfield Zoning Ordinance, SRDs (or Special Residential Developments) are specifically excluded from municipal refuse collection and are therefore excluded from the provisions of this Resolution;
Councilman Dodd stated he is not opposed to picking up the trash in condominium areas because they are condominiums, but rather he is opposed to picking up the trash of private property. He went on to state he would not be opposed to accepting, with modification, the roads of the condominiums, providing they can prove they will sustain the town traffic, town plowing, and everything else that goes along with town roads. He noted in that case he would not have a problem with providing services because the condos would have relinquished their right to privacy and they accept they are like everyone else in town. He emphasized money was never an issue, but rather it always had to do with the privacy right. He noted once these associations selected the privacy issue and set themselves apart, they deleted themselves from some of the services provided by the town.
He asked fellow Council members not to approve this resolution because he does not believe theyre going about this the right way. He feels this needs to be reevaluated, and it should be approached in a different manner and resolve it so that it becomes a win not only for the condo owners, but also makes a stabilizing factor that the Town wont be
revisited by other groups who may wish to change their status, therefore, availing themselves of town services when they do not have to do that now.
Councilman Kaupin requested the Town Attorney to clarify some of the reasoning for the wording in the resolution. Attorney Bromson stated there are so many variables and hypotheticals involved with this, its really impossible to forecast what the perfect resolution should be or how to best protect the town. He noted they tried to incorporate some of the concerns and issues that the Council had. He pointed out the Council has his memorandum which answers their previous questions. He noted some the things in the resolution can be subject to challenge in the future. He stated this is the best resolution that they could come up with in conjunction with Attorney Fish who came to the condominium subcommittee meeting to try to fashion a balance between what the Council was attempting to do, while preserving as much legal rights for the Town in the future from other groups and from perhaps this same group if they were to ask for other services.
Councilman Kaupin thanked Messrs. Vindigni, McAlmond and Town staff for their help with this.
Chairwoman Strom referred to the fourth paragraph and questioned if they could also be responsible for the maintenance of the dumpster. Attorney Bromson indicated that would need to be included in that paragraph if they were to maintain the dumpster.
Chairwoman Strom stated if the hold harmless is on the land records, is there a way that can be a stipulated in the deed. Attorney Bromson stated once the hold harmless is signed, theyve committed the entire condominium.
Councilman Giddings stated he cannot support this because there are too many “what ifs”.
Councilman Egan agreed with Councilman Giddings. She acknowledged the Town Attorney did the best job possible, but she feels there are so many ways to get around this. She added theres also the issue of picking up bulky waste and yard waste.
Councilman Mangini referred to the first clause and questioned if the association fails to agree to this, does that mean they do get their trash picked up. Attorney Bromson stated his understanding the Council wanted this.
Councilman Mangini questioned if the Town is being exposed to more probability of lawsuits if this resolution passes. Attorney Bromson stated 10% of the towns in the State of Connecticut offer this service to condominiums. He noted in checking with CCM and
other communities in regards to the hold harmless agreements, no one communicated to his office that this created a huge onslaught of lawsuits in any particular area.
Councilman Hall questioned if SRDs include a development like Camelot. She stated her hope Camelot would not be included under that last clause. Attorney Bromson stated this wasnt written to exclude Camelot, and he believes they qualify.
Councilman McGuire expressed appreciation to Mr. Vindigni for his help. He asked for the support of the Town Council.
Chairwoman Strom stated her belief 55% of the people in condominiums are 55 or older, and if the Town can provide this service at a very small cost to the Town, she feels its a win-win situation. She stated her belief the Committee did an excellent job of bringing forward all of the pros and cons, and she noted when she looks at all the information, she does not find a reason not to give this service if its something that can be done at little to no cost.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5349 adopted by a 6-5-0 vote, with Councilmen Dodd, Egan, Falk, Giddings and Mangini voting against the resolution.
NEW BUSINESS
APPOINTMENTS (TOWN COUNCIL)
NOMINATION #5350 by Councilman Fiore to reappoint Gertrude Dorous (D) to the CT North Central Tourism Bureau for a term which expires 6/30/04.
MOTION #5351 by Councilman Kaupin, seconded by Councilman Egan to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5351 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Gertrude Dorous reappointed to the CT North Central Tourism Bureau by an 11-0-0 vote.
NOMINATION #5352 by Councilman Fiore to reappoint Raymond Renaudette (D) to the North Central District Health Department for a term which expires 6/30/04.
MOTION #5353 by Councilman Kaupin, seconded by Councilman Giddings to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5353 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Raymond Renaudette reappointed to the North Central District Health Department by an 11-0-0 vote.
All other appointments remained on the agenda.
ITEMS FOR DISCUSSION
APPOINTMENTS (TOWN MANAGER)
Referring to the Conservation Commission and Inland Wetlands and Watercourses Agency, Councilman Fiore questioned whether they have a full Conservation Commission or Inland Wetlands Agency. Mr. Shanley stated they have a full Inland Wetlands Agency. Councilman Fiore questioned if the Conservation Commission is basically the same status as of the Town Managers June 15th memorandum. Mr. Shanley responded yes.
MOTION #5354 by Councilman Kaupin, seconded by Councilman Falk to suspend the rules to address Items b., c., e., f., g., and h. under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5354 adopted 11-0-0.
MISCELLANEOUS
MOTION #5355 by Councilman Fiore, seconded by Councilman Giddings to waive the reading of the resolution. (A Resolution re: Town Green Advisory Committee)
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5355 adopted 11-0-0.
RESOLUTION #5356 by Councilman Fiore, seconded by Councilman Giddings.
Copy Appended
Councilman Fiore questioned what happens to the responsibility of the Town Green. He noted at one time they discussed the Beautification Committee. Mr. Shanley noted it would be a maintenance issue at this point. Councilman Fiore suggested perhaps they may wish to have a liaison group that might come up with future suggestions.
Councilman Kaupin noted the Town Green Committee thought the proper group would be the Beautification Committee.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5356 adopted 10-0-0. Councilman McGuire left the meeting.
RESOLUTION #5357 by Councilman Mangini, seconded by Councilman Vayda.
RESOLVED, that the Town Council of the Town of Enfield hereby approves the Senior Center Building Committee Final Plan as presented to the Council on June 18, 2001.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5357 adopted 10-0-0.
RESOLUTION #5358 by Councilman Dodd, seconded by Hall.
RESOLVED, that the Town Council of the Town of Enfield does hereby appropriate LOCIP Grant Funds in the amount of $100,000 for the following purpose in accordance with the 2001-2002 Annual Operating and Capital Budget:
Whitacres/Roosevelt Drainage $100,000
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5358 adopted 10-0-0.
MOTION #5359 by councilman Kaupin, seconded by Councilman Vayda to extend the meeting past midnight.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5359 adopted 10-0-0.
RESOLUTION #5360 by Councilman Dodd, 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: 8030-930-09 General Fund - $10,000.00
Transfer to Other Funds
FROM :8030-840 General Fund $10,000.00
Contingency
CERTIFICATION:
I hereby certify the amount of $10,000.00 is available from Account #8030-840 as of June 13, 2001.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5360
adopted 10-0-0.
RESOLUTION #5361 by Councilman Kaupin, seconded by Councilman Vayda.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: 8030-930-08 General Fund - $200,000.00
Transfer to Open Space
FROM :8030-840 General Fund - $200,000.00
Contingency
CERTIFICATION:
I hereby certify the amount of $200,000.00 is available from Account #8030-840 as of June 13, 2001.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5361 adopted 10-0-0.
RESOLUTION #5362 by Councilman Kaupin, seconded by Councilman Vayda.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Library
Acct. #5100-334 Technological Services $6,000.00
FROM: Library
Acct. #5100-432 Equip.Repairs & Maint. $1,000.00
Acct. #5100-643 Publication & Period. 2,000.00
Acct. #5100-734 Technology 3,000.00
$6,000.00
CERTIFICATION:
I hereby certify the amount of $6,000.00 is available from Account #see above as of
June 12, 2001.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5362 adopted 10-0-0.
DISCUSSION RE: ROUTE 5 NARROWING
Mr. Shanley explained a couple weeks ago, a resident requested that the Council advocate to CRCOG and to the state a narrowing of Route 5 in front of Alcorn. He noted the process is that they ask the towns to do the design and make those investments and then get CRCOG to approve it. He noted if CRCOG approves, then the DOT will consider it. He stated it appears to be a significant investment in design time, costs, etc., and the question is whether this is a priority to the Town Council. He noted he does not need an answer on this tonight.
DISCUSSION RE: REPLACEMENT FOR FRANK DODD
Chairwoman Strom stated they have interviewed several people and Jack Tait is the person they would like to appoint at the July meeting.
Councilman Mangini questioned whether Mr. Tait is available for interviews, and Chairwoman Strom stated her belief Mr. Tait would be willing to meet with anyone.
All other items remained on the agenda.
COUNCILMEN COMMUNICATIONS
Councilman Falk expressed appreciation to Councilman Dodd for his years of service.
Councilman Mangini stated it was a pleasure to serve with Councilman Dodd.
Councilman Hall stated it has been a pleasure serving with Councilman Dodd.
Councilman Fiore thanked Councilman Dodd for his service.
Councilman Egan expressed appreciation for the expertise Councilman Dodd offered to the Council.
Chairwoman Strom expressed her appreciation to Councilman Dodd.
Councilman Dodd thanked everyone for their kind comments. He noted it has been a pleasure to serve on the Council and it has been a unique and enjoyable experience.
ADJOURNMENT
MOTION #5363 by Councilman Dodd, seconded by Councilman Kaupin to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5363 adopted 10-0-0, and the meeting stood adjourned at 12:10 a.m.
Respectfully submitted,
Jeannette Lamontagne
Secretary to the Council
Suzanne F. Olechnicki
Town Clerk
Clerk of the Council
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