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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
JUNE 4, 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 4, 2001.  Chairwoman Strom called the meeting to order at 7:47 p.m.

PRAYER  The Prayer was given by Councilman McGuire.

PLEDGE OF ALLEGIANCE  The Pledge of Allegiance was said.

ROLL-CALL  Present were Councilmen Dodd, Egan, Falk, Fiore, Giddings,  Kaupin, Mangini, McGuire and Strom.  Councilmen Hall and Vayda entered at 8:00 p.m.  Also present were Town Manager, Scott A. Shanley; Assistant Town Manager, Daniel T. Vindigni; Town Clerk, Suzanne F. Olechnicki; Senior Assistant Town Attorney, Maria Stavropoulos; Recreation Supervisor, Mary Keller; Deputy Director of Public Works, Geoffrey McAlmond; Director of Public Works, John J. Kazmarski; Director of Community Development, Laura Watson.

MINUTES OF PRECEDING MEETINGS

MOTION #5302 by Councilman Falk, seconded by Councilman Dodd to accept the minutes of the May 7, 2001 Regular Meeting.

Referring to the second paragraph on Page 16, Councilman Falk clarified he noted it would be interesting to learn what some other non-town run groups are charging, i.e., Little League, soccer, etc.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5302 adopted, as amended, 9-0-0.

MOTION #5303 by Councilman Kaupin, seconded by Councilman Mangini to accept the minutes of the May 21, 2001 Special Meeting.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5303 adopted 9-0-0.

MOTION #5305 by Councilman Egan, seconded by Councilman Giddings to accept the minutes of the May 21, 2001 Regular Meeting.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5305 adopted 9-0-0.

PUBLIC COMMUNICATIONS & PETITIONS

Vaughan Vanderscoff, 16 Francis Avenue
        Stated she and her neighbors are very happy with their street, particularly the storm drains.  She noted Public Works has been doing an excellent job taking care of her street, especially this past winter.

COUNCILMEN COMMUNICATIONS & PETITIONS

Councilman Kaupin stated he received a call from a resident over the weekend relating to the motor vehicle supplemental bill.  He noted some people are encountering problems registering their vehicles.  He stated the Towns books have been corrected, however, this has not been forwarded to the State so people have to come back to the Town Hall to get a stamp.  He requested this be looked into.

Mr. Shanley stated the Legislature passed legislation today that should help with communications at DMV regarding this issue.

Councilman Kaupin stated about a month ago he communicated with Mr. Vindigni regarding dumping in a town easement area near High Meadow.  He noted some “no dumping” signs were supposed to be erected.

Councilman Kaupin stated in that same neighborhood theres a full, dirty swimming pool not being used.  He noted there was a concern about West Nile virus.

Councilman Fiore stated last year around this time of year, the Town applied for an America the Beautiful grant.  He questioned whether the Town will again be applying for that grant.  He further questioned if the Town applied last year, were any monies received.

Councilman Fiore requested the Town Manager call the State to ask them to mow the lawns in front of the three homes they purchased on Elm Street.

Councilman Mangini stated the Veterans Council sponsored a beautiful Memorial Day Parade.  She went on to note on June 10th there will be Top Soccer at the Shaker Complex.

Councilman Mangini referred to the May 7th meeting regarding the Centralized Voter Registration presentation by the State of Connecticut.  She noted there had been an indication that the Council would take up that discussion at some point.  She questioned the status on this.   Chairwoman Strom noted there was also the question as to when the State would have a system that was compatible with the Town of Enfields system.  She noted the State indicated that would happen sometime in the middle of July or possibly August.  She added Councilman Fiore had also raised questions about the service level agreements and troubleshooting and who would be responsible.  She stated at this time, since the State does not have a system thats compatible with Enfields system, they would be putting Enfields  IT Department in an awkward position since they would be attempting to troubleshoot a system they couldnt do anything with.

Councilman Mangini questioned if Enfield is communicating back to the Secretary of States Office to let them know the status of Enfield and asking them for some assistance with the compatibility of the systems.  Chairwoman Strom noted she could work with the Town Manger to draft a letter to the Secretary of State to list their concerns and that they are waiting to hear from them.

Councilman Giddings commended the Veterans Council for an outstanding parade on Memorial Day.

Councilman Giddings stated he spoke to people on Bridge Lane, and theyre a little troubled about the boat launch sign on Route 5 which directs people down to the boat launch.  He explained when the railroad work was being done on Parsons Road, that sign was moved and it directed people down Bridge Lane.  He questioned if that sign can be moved back to its original location since that work is complete.  He added residents also questioned when the railroad work will be done on Bridge Lane.  Mr. Shanley indicated hed look into this.

Councilman Falk stated last Friday he and Mayor Strom attended the Asnuntuck graduation ceremony.  He noted at that time Raymond Warren, the Towns Economic Development Director, received a special award from the college for his efforts in the technology education area.  He commended Mr. Warren for doing an outstanding job for the Town and the schools.

Councilman Falk stated last Thursday he and Mayor Strom attended a function at Alcorn School called Beatlemania.  He noted the students sang many of the Beatles songs and did skits.  He stated they did a fantastic job.

Councilman Falk stated Voices, Inc. will be having a performance this Friday at 6:00 and 8:30 p.m. at Enfield High School.

Councilman Egan stated at the corner of South Road and Middle Road, the grass is extremely high.  She questioned the possibility of mowing this grass.

TOWN MANAGER REPORT & COMMUNICATIONS

Mr. Shanley stated at the leadership meeting, he, Councilman Vayda and Chairwoman Strom discussed the opportunity for a Special Meeting the last Monday in June (June 25th).

TOWN ATTORNEY REPORT & COMMUNICATIONS

Attorney Stavropoulos stated Attorney Bromson was unable to attend this evening.  She noted there is no formal report this evening.

REPORT OF SPECIAL COMMITTEES OF THE COUNCIL

Councilman Fiore reported things are moving along for the Senior Center Committee.  He noted they have Inlands/Wetlands approval for the basic footprint.  He stated the Committee is looking for some guidance or at least a time frame as to when the land will actually be purchased.

Councilman Mangini stated the Fourth of July Committee is working very diligently to provide a nice celebration this coming Fourth of July holiday.

As concerns the Enfield Revitalization Committee, Councilman Mangini stated there was a presentation earlier in the evening regarding the Hazardville and Northgate Streetscapes.

Councilman Hall stated the School Building Committee met last Thursday.  She noted they pushed back the first bid package which was scheduled to go out June 6th, however there wasnt enough time for the Committee to review the final draft.  She noted the new bid date is June 21st.  She added the July and August bid dates remain the same.  She stated Jeter, Cook & Jepson agreed to get the blueprints to the Committee two weeks ahead of time so that they have time to review them.

Councilman Egan stated the Senior Committee has been dealing with the details of the new center.  She stated her belief the design is coming together very nicely.

Councilman Egan stated she attended the final meeting of the season for the School Readiness Council.  She noted theyre putting in place different programs that they want to see implemented for the coming season as to dealing with pre-school and pre-kindergarten groups.  She noted there are a lot of creative ideas and dedicated people working on this.

MOTION #5306 by Councilman Falk, seconded by Councilman Kaupin to resume the discussion of the Milone & McBroom streetscape project and that the public be allowed to participate.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5306 adopted 11-0-0.

DISCUSSION RE:  HAZARDVILLE/NORTHGATE STREETSCAPE PROJECTS

Present from Milone & MacBroom were Vince McDermott, Tom Sheal and Mark Poppa.

Councilman Kaupin stated on the Hazardville Streetscape, the plan shows a new sidewalk extending down to Park Street. He stated his recollection it was to begin at Randolph Street and thats the reason the Town put in a new sidewalk from Randolph to Park on both sides.  He questioned if Milone & MacBroom received contrary direction from the Town.  Mr. Sheal stated they were under the impression that they would go to Park, however, that can be modified.

Councilman Kaupin stated a recommendation was passed onto the Committee that the lighting be 100 feet apart.  Mr. Sheal stated they basically use a 80 to 100 foot guideline. Mr. Shanley pointed out Milone & MacBroom were given the concept plan and they were asked to design according to that plan.  He noted this is the opportunity to deviate from that plan should the Council choose to give that direction.

Cole Brown, Sword Avenue
        Stated he noticed that on Connecticut Avenue the radius of the road has been severely cut, and he feels this is great.  He stated his hope they could do the same at Sword Avenue.  He pointed out its difficult to go south on Route 5 without catching a back tire on the curb.

Mr. Brown suggested the possibility of a good sized parking lot in the area around the small business, such as Twisties and the barber shop.  He noted theres a severe parking problem in this area.

David Ashton, Carl Street
        Stated his belief the plan modifications wont work well in the area of Jiggys bar.  He noted this bar gets truck deliveries, and this will be a tight area.  He pointed out theres an empty lot behind the gas station and Boston Seafood.  He suggested the possibility of the Town purchasing that empty lot and closing off Carl Street at Jiggys.  He noted this would provide more parking for Jiggys and eliminate the problem residents have on Carl Street with after-hours drivers.  He noted patrons of the bar often leave broken glass at the end of Carl Street.  He stated the trees being proposed near Carl Street will further obstruct the view of oncoming traffic when trying to leave this street.

Councilman Fiore referred to Northgate and stated during the 100% layout, he would like consideration being given to a continuous sidewalk instead of dipping into private property on the east side.  He added he would like to know the cost of this.

Councilman Fiore requested a ballpark figure of what it would cost to purchase and tear down Twisties.  He clarified he is not advocating this be done, however, he would like to see the cost of doing this.  He added he would like to know the cost of buying the back lot as mentioned by Mr. Ashton.

Councilman Falk recommended meeting with the businesses regarding these plans so that the Town can get their feedback.  Mr. Shanley agreed that might be a good next step.

Councilman Hall stated at the Hazardville level, business owners were involved with this project right from the beginning.  She noted they were invited to every single subcommittee meeting, therefore, the businesses and churches should be well informed.

Linda Bentley-owner of Frequent Flyers (Northgate area)
        Stated she learned about this meeting via a telephone call.  She noted she did call and walk over to the other businesses, however, she didnt know if they had enough time to come to this evenings meeting.

Ms. Bentley stated this plan has changed since the first one she saw, and that is why shes present this evening.  She stated her concern was mostly the parking, however, she has seen this has been given some thought, and shes more pleased with it.  She added her belief there may be other people who may need more notice of any upcoming meeting so they can express how they feel.

Councilman Mangini stated her belief the businesses should be informed about these plans.  Chairwoman Strom stated all of the business owners were invited to many meetings, and a lot of their input went into this.  She noted sometimes its difficult getting everyone together.  She agreed perhaps they could have another meeting to get more input.  She pointed out this will be on the agenda again on June 18th.

Chairwoman Strom referred to Northgate and stated she would prefer to see a straight shot for a sidewalk on the east side.  She added she would also like to see it extended completely as opposed to ending it at every driveway.  She noted she would like to see costs for this as well.

OLD BUSINESS

APPOINTMENTS (TOWN COUNCIL & TOWN MANAGER

There were no appointments this evening.

Item c. remained tabled.

MOTION #5307 by Councilman Fiore, seconded by Councilman Kaupin to remove Item d. from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5307 adopted 11-0-0.

DISCUSSION RE:  FAIR RENT COMMISSION

Councilman Fiore questioned the status of this.  Mr. Shanley stated they received an opinion from the Town Attorneys Office that seemed to indicate that because the Housing Authority members might not be public officials, serving on the Fair Rent Commission could be perceived as a public official, therefore, they might not be able to go forward with that idea.  He noted they need to make just straight appointments, and hes currently generating a list for that purpose.

Councilman Fiore questioned if consideration was given to the Building Code of Appeals or the Housing Board of Appeals and whether they could fill the need of both the Fair Rent Commission.  Mr. Shanley stated they did look into a number of those and the issue comes to the required make up of the Fair Rent Commission, i.e., landlords and tenants.

MOTION #5308 by Councilman Kaupin, seconded by Councilman Egan to re-table this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5308 adopted 11-0-0.

MOTION #5309 by Councilman Falk, seconded by Councilman Vayda to remove Item e. from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5309 adopted 11-0-0.

DISCUSSION RE:  CHARGE FOR ENFIELD REVITALIZATION AND RELATED COMMITTEES

Present for this discussion was William Lee, Chairman of the Enfield Revitalization Committee.

Mr. Lee stated the Committee is still working with the Council on a charge for the coming season.  He noted one of the things the Committee has looked into was the participation by Enfield in the National Historic Trust Main Street Program, which was borne out of a congressional project about 15 years ago and has been met with considerable success around the country.  He noted the Main Street towns that are now participating are sponsored at the state level by various organizations, and in Connecticut that is a non-profit corporation that was spun off by Northeast Utilities about 12 months ago.

Mr. Lee stated currently theres between six and ten different communities participating in the Main Street Program in Connecticut and the closest successful program is in Windsor.

He stated when putting together the final charge for Enfield Revitalization, the Committee is asking the Council consider a formal exploration of the Main Street Program as a viable program for Enfield.  He noted the Committee believes this program would bring some needed focus to the way that revitalization efforts would be organized.  He stated there are four cornerstones as to the way this program works. He noted theres very comprehensive training and different courses that members of an organization would participate in and ultimately there is a very formal organization and it would be a private non-profit organization.  He stated the three remaining aspects of the program are design, promotion and economic development.  He stated if the Council felt this was something worth pursuing, Enfield Revitalization would continue to work with the state organization.  He noted a presentation from this state organization is planned for June 18th at 6:00 p.m.

Mr. Lee stated the Committee is requesting that part of their charge for the coming year consist of a formal exploration of Main Street or a similar program.  He noted to become an official Main Street community, there is an application process that the Town would have to go through.  He noted this state organization looks for a three to four year commitment by the Town financially, and one of the biggest components of that would be the requirement that there has to be a paid Main Street manager.

Councilman Fiore stated his impression this program would be more suitable for a traditional downtown area.  Mr. Lee agreed.  He noted theres a fairly extensive resource center at the National Trust level.

Councilman Giddings questioned whether Mr. Lee envisions the Main Street Program running parallel to Revitalization or in place of Revitalization.  Mr. Lee stated he was informed that a successful Main Street Program takes three to four years to get going, and beyond that if its successful, they may find themselves not needing the Revitalization Committee as they do now.  He noted this program calls for a different representation from different parts of the municipality, i.e., most Main Street boards have a Council liaison and representative from the staff side, as well as Economic Development representation.

Councilman Mangini questioned whether the paid manager would be the Towns current Economic Development staff person, or is this another position that has to be filled.  Mr. Lee responded it would not be a position that would reside under the authority of the municipality. He stated this paid position typically reports to the Main Street Board of Directors, and those Directors typically hire and manage that position.

Councilman Mangini questioned how they would still work in the same volunteering capacity.  Mr. Lee stated this is a 100% volunteer delivered initiative.

Councilman Hall questioned if the Revitalization Committee has had a lot of discussion about this Main Street concept.  Mr. Lee noted there was discussion at the last meeting, and this is considered an exploration to learn more about this concept.  He added there was a consensus that this be part of the charge for the coming year.

MOTION #5310 by Councilman Fiore, seconded by Councilman Hall to retable this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5310 adopted 11-0-0.

MOTION #5311 by Councilman Kaupin, seconded by Councilman Falk to remove Item f. from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5311 adopted 11-0-0.

RESOLUTION #5312 by Councilman Falk, seconded by Councilman Kaupin.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Capital Improvement Program    $13,750        
        Acct. #310-2001-3600-08817-450 - Green Manor Fencing          
FROM:   Capital Improvement Program    $13,750        
        Acct. #310-1997-3200-8515-450         
        Weymouth Road-Phase II        

CERTIFICATION

I hereby certify the amount of $13,750 is available from Account #310-1997-3200-8515-450 as of June 1, 2001.

/s/ Gregory Simmons, Director of Finance

Councilman Kaupin expressed his appreciation for this being put together to address the fencing at both Green Manor and Parkman skateboard parks.

Councilman Fiore voiced his support of this.  He then questioned how much remains in the Contingency Fund.  Mr. Shanley noted theres approximately $140,000.

Councilman Fiore stated his impression that during the budget cycle there was a desire not to use up some of the funds in the Capital Improvement Fund, therefore, he thought theyd be very careful where they spent money.  He stated his impression this particular account would be used on an emergency basis.  He stated he would prefer spending the money before it goes into the unreserved General Fund, rather than taking it from the Capital Improvement Fund.

Councilman Vayda stated its his inclination with going forward with this transfer request. He noted this is a high visibility project.  He agreed with Councilman Fiore in that he feels it would be better to use Contingency funds for this.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5312 adopted 11-0-0.

RESOLUTION #5313 by Councilman Mangini, seconded by Councilman Dodd.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Capital Improvement Program    $12,000.00     
        Acct. #310-2001-3600-08818-450        
        Parkman Tennis Courts         
FROM:   Capital Improvement Program    $12,000.00     
        Acct. #310-1997-3200-8515-450         
        Weymouth Road  Phase II              

CERTIFICATION

I hereby certify the amount of $12,000.00 is available from Account #310-1997-3200-8515-450 as of June 1, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5313 adopted 11-0-0.

RESOLUTION #5314 by Councilman Kaupin, seconded by Councilman Dodd.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Capital Improvement Program    $8,725.00      
        Acct.#310-2001-3600-08819-450         
        Parkman Basketball/Handball           
FROM:   Capital Improvement Program    $8,725.00      
        Acct. #310-1997-3200-8515-450         
        Weymouth Road  Phase II              

CERTIFICATION

I hereby certify the amount of $8,725.00 is available from Account #310-1997-3200-8515-450 as of June 1, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5314 adopted 11-0-0.

MOTION #5315 by Councilman Hall, seconded by Councilman to remove Item g. from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5315 adopted 11-0-0.

RESOLUTION #5316 by Councilman Kaupin, seconded by Councilman McGuire.

BE IT RESOLVED, that the Enfield Town Council does hereby direct the Town Manager to implement the collection of trash and recyclables by the Town of Enfield Department of Public Works within the premises of Planned Residential Developments (PRDs), or more commonly known as “condominiums” subject to the following:

A reallocation of 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 should be reimbursed for the installation of dumpsters and tipper barrels as designated within the PRD;
The PRDs should guarantee compliance with all rules and regulations promulgated by the Town and applicable to the municipal collection of trash and recyclables within PRDs.

AMENDMENT #1 by Councilman Fiore, seconded by Councilman McGuire to change “should” to “shall” in the last two paragraphs of the resolution.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #1 adopted 10-1-0, with Councilman Mangini against the amendment.

Referring to the first bullet point, Councilman Dodd stated this is the same paragraph that the Council amended during the budget reading that left the monies there, but for a non-specific purpose.  He questioned if with this resolution, they are now making it for a specific purpose.  Mr. Shanley stated thats how he would interpret it.

Referring to the second bullet point, Councilman Dodd questioned if hold harmless agreements can be changed by the courts in future years based upon changing times.  Attorney Stavropoulos stated shes unsure that the court can actually change them.  She noted case law may end up reinterpreting them, but the whole point of a hold harmless agreement is that its more the case of a contract.  She noted they can agree to anything in a contract. She stated her belief they would make the hold harmless agreement consistent with the law as it is today and thats all they can do to protect the Town.  She added she cant predict how that may be interpreted based on future laws that are enacted by the court.  Councilman Dodd questioned if it could conceivably be changed in the future, and Attorney Stavropoulos stated her belief it could be.

Referring to the third bullet point, Councilman Dodd questioned what “road improvements” entail. He questioned if this is all encompassing, i.e., curbs, catch basins, etc.  Attorney Stavropoulos stated her belief that is why it says “including, but not limited to”.  She added it depends on what the road improvements are, whether it was resurfacing or curbing.  She noted that language is usually included so that the list is not finite and anything could be up for grabs, therefore, they were trying to make it more expansive to protect the Town.

Referring to the fourth bullet point, Councilman Dodd questioned if this means the pads or any blinds that would be required now or at a later date.  Mr. Vindigni stated the installation would be viewed as comprehensive if theres more than just placing the dumpster down on the pavement, or it can be done by the condo association to the Towns specifications.  Attorney Stavropoulos pointed out this paragraph states the Town shall be reimbursed.  Councilman Dodd noted he would like to see some language protecting the Town whereby the PRD would be required to put in a concrete pad if necessary.  Councilman Dodd stated he would like to keep the Town from being exposed. Mr. Shanley stated that would have to be an entirely separate bullet that would simply say “The Town may require PRDs to make whatever improvements may be deemed necessary to accommodate…”  Councilman Dodd stated that would provide a little more protection for the Town.

Councilman Kaupin noted this was a resolution drafted by the Town Attorneys office and then redrafted.  He stated he would like to go step by step with the Town Attorneys reasoning behind the points.  He noted the first bullet point was drafted before there was any discussion on the budget.  He stated his belief this should read “an allocation” rather than “a reallocation”.  He noted its contingent upon the Town allocating funds for the project vs a reallocation.  Attorney Stavropoulos stated if the Council has issues with each of these bullets, Attorney Bromson can review these issues when hes here.

Chairwoman Strom questioned whether this resolution should include a date for implementation.  Mr. Shanley noted a specific date could be included, i.e., within the first paragraph.  He noted during the budget process, there was discussion about the date of January, 2003.  He stated the Council can make known which date they would like included.

Referring to the fourth bullet point, Councilman Hall questioned if theyre looking for a reimbursement date by the condo owners.  Attorney Stavropoulos stated the whole point of “subject to” is that all of these bullets are whats called “conditions precedent” and thats why a date was not included so as not to “hamstring” the Town.  She noted the reimbursement would take place prior to the implementation.  She added if this is not what the Council wishes, that can be changed.

Councilman Hall clarified that without dating this, the Council is making the assumption that the condos are going to pay the Town for all the dumpsters, tipper barrels, whatever needs to be done prior to the start of pick-up.  Attorney Stavropoulos responded that is how it is now.

Councilman Hall pointed out the recycle reimbursements are not addressed on this resolution and she questioned whether this resolution should state the recycle reimbursements shall cease when this is implemented.  Mr. Shanley stated his belief there would be value to that.

Councilman Hall stated the contract with Somers Sanitation would not be picked up again by the Town if this is implemented.  She clarified that this does not need to be spelled out because the contract will have expired by this point, therefore, it would be a non-issue at that point.  Mr. Shanley suggested on the date they do a “not sooner than” and in that way theyll know the target theyre heading for, but if they do not hit that target date, then its okay to go by that date.

AMENDMENT #2
by Councilman Falk, seconded by Councilman Kaupin to add the word “all”to the first paragraph as follows:

BE IT RESOLVED, that the Enfield Town Council does hereby direct the Town Manager to implement the collection of trash and recyclables by the Town of Enfield Department of Public Works within the premises of all Planned Residential Developments…”

Councilman Falk explained there are a whole realm of different types, i.e., some look like regular single family housing developments, others were converted apartments, and others have attached buildings, and he wants to be sure theyre all included.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #2 adopted 10-1-0, with Councilman Mangini voting against the amendment.

Councilman Kaupin questioned if the Council should change the “reallocation” to “an allocation”.  Mr. Shanley indicated it does not make a difference.

Mr. Shanley questioned whether there should be an implementation date in the first paragraph.  He noted they wont know what the building types and mixes that theyll be dealing with ten years from now.

Councilman Dodd stated his belief that sounds discriminatory.  He stated his belief they need to be aware that when something like this is done, all is all forever.

Chairwoman Strom stated her belief if theyre going to extend something, it needs to be to that entire class.  She noted that was the argument regarding commercial vs residential, in that they could extend it under the law to residential condominiums without having to extend it to businesses, but they had to extend it to all condominiums or PRDs and not do it selectively.

Mr. Shanley referred to the possibility of a group not wanting this service, therefore, perhaps the Town should “offer” and not “provide” this service.  Chairwoman Strom agreed.

Mr. Shanley questioned whether this is a required service that the Town must provide and the developments must accept, or can a PRD in the future choose to no longer accept this service from the Town and have it provided privately. He noted there should be language to address this.

Councilman Kaupin questioned whether a residential homeowner can refuse garbage pick-up.  Mr. Shanley responded yes.  He questioned if the Council is saying the Town is required to offer this service, but a PRD is not required to accept it.  Councilman Kaupin stated according to his recollection, that is not how they wrote the report.  He stated to make it financially feasible, theyre looking for full participation because if 50% of the developments opt out, that changes the whole scenario of the funding of the cost of the program.  He stated his belief theyre looking for full participation.

Councilman Hall stated Planning & Zoning has put a hold on condominiums at this time, but there are a couple of proposed big projects on the horizon that are for elderly living.  She questioned where do they fall if they dont include all condominiums as of this date.  She questioned if this leaves the Town open for those particular communities to be added to this trash pick-up.  Attorney Stavropoulos stated in terms of the assisted living, she does not know at this time how thats defined in the zoning ordinance as it relates to the PRDs.  She noted that can be researched.  She stated in terms of Planning & Zoning and where they stand now with the PRDs that decision right now is not irrevocable and that can change later.  She stated in terms of the date certain, she believes theyre running into the problem that the Town Manager addressed.  She stated her belief Mr. Fish talked about this as well.  She stated shes unsure whether the Town can say “were going to lock you in now and forever, but nobody in the future”.

Councilman Hall questioned how they can structure this to encompass just the condominiums and not look toward the assisted living centers.  Attorney Stavropoulos indicated she can research this.

Councilman Dodd questioned if this Town service being on private property breaches a privacy issue that other people can then say “Im providing a service, therefore, I have the right to go there”.  He questioned if the Town is setting a standard that reduces their privacy issue.  Attorney Stavropoulos stated shes not certain about the PRDs rights.  She noted shes more concerned with looking at this from what the Towns liability is going to be.

Councilman Fiore questioned if they didnt reach 100% participation, would their fees to CRRA increase because they wouldnt have as much tonnage.  He questioned if the Council did not want to make this service a requirement, could developments forfeit their recycling rebate if they do not partake of this service.  Attorney Stavropoulos indicated that would have to be researched.

Chairwoman Strom stated her hope if they do this, they require all condos participate.

MOTION #5317 by Councilman Kaupin, seconded by Councilman Egan to retable this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5317 adopted 9-0-0.  Councilmen Mangini and McGuire absent at the vote.

MOTION #5318 by Councilman Kaupin, seconded by Councilman Falk to remove Item h. from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5318 adopted 11-0-0.

DISCUSSION RE:  RECREATION USER FEES

Present for this discussion was Recreation Coordinator, Mary Keller.

Ms. Keller stated she is looking for some direction from the Council as to how much revenue the Town wants to bring back on particular programs.

Councilman Kaupin stated if the Council decides to change the fees, when would a decision have to be made to effect the next recreation season.  Ms. Keller stated the summer brochure is already printed and the fees are already listed, therefore, the next season would be the fall, and those brochures would be printed the end of August or beginning of September.

Councilman Fiore stated his belief the recreational staff would know best how to set the fees.  He noted he had previously mentioned two particular programs where he thought the subsidy was too high.  He stated one program had 28 participants and the other program had 245 participants.  He noted he would like some adjustments made to those two programs.  He added he has no problems or concerns with any other programs.

Chairwoman Strom stated her belief the Council made it clear they wanted to look at this as a policy issue, i.e., what did they consider the type of activity that would be either fully or partially subsidized.  She noted the staff is looking to the Council to direct that policy.

Councilman Vayda stated perhaps they should define categories in terms of a policy and what the Councils objectives are for these categories.  He noted there appears to be some areas where there are some fairly significant discrepancies.  He suggested they consider the services that the Recreation Department provides, i.e., facilities utilization, leagues and lessons, events, trips, and contribution rates that may vary between adults and children.  He noted they may want to consider two different levels of payment.  He added they may want to consider a phase in approach.

Councilman Mangini thanked Ms. Keller and Mr. Vindigni for their work on this.  She stated she sees a lot of progress being made through her involvement with the Indoor Recreational Committee.  She pointed out Enfield is making a lot of progress in town with regards to recreation because of Ms. Kellers hard work. She also commended Ms. Kellers staff.

Councilman Hall asked Ms. Keller if there are any other programs she knows of that should be revised.  She suggested perhaps they can get some ideas of what surrounding towns are doing relative to fees.  She questioned if Enfield is in alignment with similar sized towns.

Ms. Keller stated the programs are currently in four different accounts.  She noted in Account #3600,  the Town fully subsidizes all of the programs.  She stated Account 3605 is the Teen Center and the Town subsidizes between 90% to 95% of that.  She noted the Town subsidizes a portion of Account #3625, but there are discrepancies regarding the swim team and the basketball league and some of the lessons.  She noted some lessons are $15 and some are $25.  She added with some items theres no rhyme or reason as to how the fees came about.  She noted she does not know if she has the authority to change those without a policy.  She went on to note Account #3630 has to do with the pool and about 80% to 90% is subsidized.

As concerns how other towns operate, Ms. Keller pointed out every town has a different philosophy.  She noted other towns she has dealt with charge for everything and they try to recoup quite a bit of their budget.  She stated it is really a policy of the town as to how they wish to handle this.

Councilman Dodd stated his belief these programs were originally started primarily for the benefit of the youth, therefore, he would not want to place an imposition on families whereby they couldnt participate in a program because they couldnt afford it.  He stated his belief this is not an obligation on the part of the Town, but rather its an opportunity for the Town to provide services for the children.

Ms. Keller stated at this time they dont look to make a profit off the programs, but rather they look to break even.

Councilman Egan stated she would also like to know what other communities of comparable size are doing.

Councilman Fiore suggested there be no subsidy for any program with less than 100 participants.

Councilman Dodd stated this is a gift.  He questioned how they can give a gift when they attach strings to it.

Councilman Falk agrees with Councilman Dodds philosophy.  He noted Enfield is basically a blue collar community and they need to take that into account when deciding whatever rates or structure they come up with.  He stated there must be demographics or statistics available through CCM.  He questioned whether they can get some information from CCM relating to fee structures for recreational activities in various communities.

Mr. Vindigni stated they can look at communities of comparable size to learn about their fee structures and learn whether they have a policy statement on fees.  He noted they can then bring forward some ideas.  Councilman Falk stated they should not only look at the size of the towns but also look at the socio-economic classification as well.

Chairwoman Strom stated she would like to know how other towns handle very specialized areas.

Councilman Vayda stated hes not in favor of charging fees for playgrounds.  He stated he wants to identify programs that benefit the most people and provide the best opportunities.  He noted he does not have a problem with subsidizing programs, however, he wants to be sure they understand which groups they want to subsidize and how they want to collect fees.  He stated if they give clear direction to the Recreation Department, they can then come back and tell the Council how this can be implemented.

Councilman Mangini stated the Council needs to specifically look at what their goals are for recreation. She noted she would like to revaluate the programs.  She stated the importance of being fair and equitable to all children.

MOTION #5318A by Councilman Hall, seconded by Councilman Kaupin to retable this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5318A adopted 11-0-0.

NEW BUSINESS

There were no items under New Business.

ITEMS FOR DISCUSSION

APPOINTMENTS (TOWN COUNCIL & TOWN MANAGER)

All appointments will appear under New Business on the next regular meeting agenda.

MOTION #5319 by Councilman Kaupin, seconded by Councilman Falk to suspend the rules to address Items c. through p. under Miscellaneous this evening.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5319 adopted 11-0-0.

MISCELLANEOUS

RESOLUTION #5320 by Councilman Mangini, seconded by Councilman Vayda.

WHEREAS, a public hearing was held on June 4, 2001 to allow interested citizens an opportunity to express their opinion regarding which programs shall be included on the Town of Enfields Application under the provisions of the “Neighborhood Assistance Act;” and

WHEREAS, proposals were submitted by the Enfield Fire Chiefs Association, Save Our Strand, Town of Enfield Adult Day Care and Johnson Surgery Center; and

WHEREAS, the following proposals are fully acceptable to the Enfield Town Council within the guidelines for proposed programs under the “Neighborhood Assistance Act:”

Enfield Fire Chiefs Association-Third Grade Fire Prevention Program vehicle
Save Our Strand  General Building Fund assistance for the Strand Theater
Save Our Strand  Operating Budget Assistance
Town of Enfield Adult Day Care  Clients garden
Johnson Surgery Center  Renovations to Johnson Surgery Center

NOW, THEREFORE, BE IT RESOLVED THAT:

The Town of Enfields 2001 proposed program applications submitted to the State of Connecticut Department of Revenue under the provision of the “Neighborhood Assistance Act” shall consist of the proposals identified in the preceding paragraph.

The Enfield Town Manager is hereby authorized to submit such applications to the State Department of Revenue, and to approve any donations received as a result of these applications.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5320 adopted 11-0-0.

RESOLUTION #5321 by Councilman Egan, seconded by Councilman Kaupin.

WHEREAS, at its regular meeting of March 20, 2000, the Town Council charged the Enfield Building Committee with developing schematic, architectural and site plans for the facility; and

WHEREAS, the committee submitted such plans to the Enfield Town Council for approval; and

WHEREAS, the Building Committee has requested guidance and direction with respect to the other social services to be provided at that location;

NOW THEREFORE BE IT RESOLVED, that the Town Council of the Town of Enfield hereby authorizes the services to initially include Meals On Wheels, Dial-A-Ride, heating assistance for seniors and other social services as deemed appropriate for the senior population.

Councilman Hall questioned who theyre eliminating from the senior center.  She questioned if theyre eliminating any social service offices.  Mr. Shanley responded they would be including those services specifically mentioned in the resolution.  Councilman Hall questioned where the other social service offices will be housed, and Mr. Shanley responded where theyre currently located.  Councilman Hall questioned how this changes what was originally planned, i.e., where the other staff will be located.  Mr. Shanley indicated they will have to come up with a plan for the other offices.

Councilman Kaupin referred to the last paragraph and questioned the meaning of the word “initially”.  Mr. Shanley stated this means that this is the plan at this time thats approved by Bond Counsel and the Senior Center Building Committee.

Councilman Kaupin stated his belief this is a good compromise.

Councilman Fiore encouraged the Council to support this.  He added his belief this is a good compromise.

Councilman Egan stated this Committee worked very hard and she encouraged the Council to support this.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5321 adopted 11-0-0.

RESOLUTION #5322 by Councilman Kaupin, seconded by Councilman Egan.

RESOLVED, that the Enfield Town Council does hereby cancel the second regular meeting in July and the first regular meeting in August; and

BE IT FURTHER RESOLVED, that the second regular meeting of August be held on August 20, 2001 as scheduled.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5322 adopted 10-1-0, with Councilman Fiore voting against the resolution.

RESOLUTION #5324 by Councilman Kaupin, seconded by Councilman Egan.

RESOLVED, that the Town Manager, Scott Shanley, is empowered to enter into contractual instruments in the name of and on behalf of the Town of Enfield with the State of Connecticut, Department of Transportation for the detouring of traffic during the construction of State Project No. 48-172, Route 190, Elm Street, and South Road.  The States contractor will install and remove all necessary signs to detour traffic around the construction site.

FURTHER BE IT RESOLVED, Route 190 westbound traffic shall be maintained through the construction area and a detour shall only be utilized for Route 190 eastbound.

Councilman Kaupin stated his belief this is a good compromise for the project.  He requested this information be forwarded to the residents of Victory Street and that a meeting be held with them prior to the detour so that they fully understand its one-way and that its operating between 9:00 a.m. and 3:00 p.m.   He suggested the Chamber of Commerce and merchants be encouraged to thank the residents of Victory Street because this detour is trying to accommodate the merchants along Route 190 so they arent harmed during a significant close down.

Councilman Hall questioned how they will address the safety issue of all this traffic going down a residential street.  Mr. Shanley stated the people from DOT have been working on this plan for a long time.

Councilman Hall stated the importance of the residents of Victory Street understanding this detour.

Chairwoman Strom stated the Chamber of Commerce indicated several residents on Victory Street know about this detour.  She added police will be present during the detour hours.  Additionally, because this detour will be done during the day, people and children on that street will be at work or school.

Councilman Hall stated she would like residents on Victory Street to get official notification before this happens.

Councilman Egan stated she sat in on the meetings regarding this, and this seemed to be the best solution which would impact the least amount of people for the shortest amount of time.

Councilman Vayda stated the other alternatives are less appealing, therefore, hes inclined to vote in favor of this resolution.

Councilman Hall stated she is not arguing the validity of the plan, however, she does not feel all the people were notified as they should have been.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5324 adopted 10-1-0, with Councilman Hall voting against the resolution.

RESOLUTION #5325 by Councilman Falk, seconded by Councilman Kaupin.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Town Manager          
        Acct. #1200-733 Furniture & Fixtures   $14,000.00     
FROM:   Acct. #8030-840               
        Contingency    $14,000.00     

CERTIFICATION:

I hereby certify the amount of $14,000.00 is available from Account #8030-840 as of May 23, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5325 adopted 11-0-0.

RESOLUTION #5326 by Councilman Mangini, seconded by Councilman Kaupin.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Teen Center           
        Acct. #3605-730 Vehicles/Equipment     $7,500.00      
FROM:   Teen Center           
        Acct. #3605-120 Salaries, Part Time    $3,500.00      
        Recreation Administration             
        Acct. #3600-110 Salaries, Full Time    $4,000.00      
               ________       
               $7,500.00      

CERTIFICATION:

I hereby certify the amount of $7,500.00 is available from Account #3605-120 and 3600-110 as of May 31, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5326 adopted 11-0-0.

RESOLUTION #5327 by Councilman Falk, 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:     Teen Center           
        Acct. #3605-735 Recreation Equip.      $1,499.99      
FROM:   Teen Center           
        Acct. #3605-618 Athletic Supplies      $1,000.00      
        Recreation Programs           
        Acct. #3625-618 Athletic Supplies      $    499.99    
               $1,499.99      

CERTIFICATION:

I hereby certify the amount of $1,499.99 is available from Account #3605-618 and #3625-618 as of May 31, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5327 adopted 11-0-0.

RESOLUTION #5328 by Councilman Falk, 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:     Swimming Program       $400.00        
        Acct. #3630-322 Professional Development              
FROM:   Swimming Program       $400.00        
        Acct. #3630-810 Dues & Fees           

CERTIFICATION:

I hereby certify the amount of $400.00 is available from Account #3630-810 as of May 31, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5328 adopted 11-0-0.

RESOLUTION #5329 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:     Buildings & Grounds Maintenance        $400.00        
        Acct. #3400-810 Dues & Fees           
FROM:   Buildings & Grounds Maintenance        $400.00        
        Acct. #3400-322 Professional Development              

CERTIFICATION:

I hereby certify the amount of $400.00 is available from Account #3400-322 as of May 31, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5329 adopted 11-0-0.

RESOLUTION #5330 by Councilman Mangini, seconded by Councilman Giddings.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Account No. 1300-0332  $1,500.00      
        Town Attorney         
        Legal Services        
FROM    Account No. 1300-0612  $1,500.00      
        Town Attorney         
        Office/Adm. Supplies          

CERTIFICATION:

I hereby certify the amount of $1,500.00 is available from Account #1300-0612 as of 5/15/2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5330 adopted 11-0-0.

RESOLUTION #5331 by Councilman Dodd, seconded by Councilman Kaupin.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Various Salary Accounts-SEIU   $28,085.00     
        (see attached)        
FROM:   8030-840 Contingency   $28,085.00     

CERTIFICATION

I hereby certify the amount of $28,085.00 is available from Account #8030-840 as of May 31, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5331 adopted 11-0-0.

RESOLUTION #5332 by Councilman Vayda, seconded by Councilman Kaupin.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Town Clerk            
        Account #1600-340 Technical Services   $2000  
FROM:   Town Clerk            
        Account #1600-170 Other Compensation   $2000  

CERTIFICATION:

I hereby certify the amount of $2000 is available from Account #1600-170 as of May 30, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5332 adopted 11-0-0.

RESOLUTION #5333 by Councilman Hall, seconded by Councilman Kaupin.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

TO:     Water Pollution Control Fund          
        Acct. #210-3500-339 Other Professional Services        $7,000.00      
FROM:   Water Pollution Control Fund          
        Acct. #210-3500-450 Construction Services      $7,000.00      

CERTIFICATION:

I hereby certify the amount of $7,000.00 is available from Account #210-3500-450 as of May 31, 2001.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5333 adopted 11-0-0.

RESOLUTION #5334 by Councilman Kaupin, seconded by Councilman Dodd.

WHEREAS, the Town of Enfield in 1999 wrote specifications and bid for a bulky waste collection truck with a mounted crane loading unit; and

WHEREAS, that unit appears to be irreparably damaged by an accident; and

WHEREAS, a nearly identical vehicle, one year newer, from the same vendor is available for the same price paid for the now damaged unit;

NOW, THEREFORE, BE IT RESOLVED, the Town Council of the Town of Enfield determines it to be in the best interest of the community to waive the bid process to purchase a year 2000 model bulky waste collection truck with mounted crane loading unit from Cesco, Inc. of  New Haven, Connecticut for up to $89,000 in order to quickly continue the efficient operation of the bulky waste collection program.

Councilman Falk questioned where the $89,000 is coming from.  Mr. Shanley stated initially it will come out of the account for rubbish collection vehicles, but at the next meeting they will be looking to create an account to be able to accept the insurance money when its received.

Councilman Falk questioned if the insurance money is less than the $89,000, where will it come from.  Mr. Shanley stated it will be less than the $89,000.  He noted they will have to find the additional money, however, this is an opportunity and they would like to act quickly.

Councilman Falk questioned if it would be possible to install an alarm of some type to warn that the crane isnt where its supposed to be.  Mr. McAlmond noted they will investigate that, and if possible, they will put in some type of alarm.

Councilman Kaupin questioned if this passes, when will the Town take delivery of this truck, and Mr. McAlmond responded ten days.

Councilman Fiore questioned whether the old truck can be repaired.  Mr. McAlmond stated the frame was twisted in two directions, as well as the boom, and they do not believe it can be re-certified for this use.  

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5334 adopted 11-0-0.

PUBLIC COMMUNICATIONS

Tim Slade, Brewster Road
        Stated his belief they should use one term to describe the developments that might have trash pick up, i.e., PRDs.

Mr. Slade noted there was discussion about a signed agreement.  He stated his understanding there was already a signed agreement that the condo owners would waive
the trash issue.  He questioned if theres another signed agreement, whats going to prevent the condo owners from coming back later on and wanting to get out of that agreement.

COUNCILMEN COMMUNICATIONS

Referring to the streetscape projects, Councilman Hall questioned the time line.  She noted if this is placed on the next agenda, will this provide enough time to go out to bid on the sidewalks for this construction season.  Mr. Kazmarski responded it depends on the extent of the project.

Councilman Hall questioned whether the Town Attorneys Office can supply the condo resolution for the next meeting so that the Council can be prepared to vote on it.  Attorney Stavropoulos indicated shed look into this.

ADJOURNMENT

MOTION #5335 by Councilman Falk, seconded by Councilman Kaupin to adjourn.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5335 adopted 11-0-0, and the meeting stood adjourned at 10:50 p.m.

                                           Respectfully submitted,



                                           Jeannette Lamontagne
                                           Secretary to the Council



Suzanne F. Olechnicki
Town Clerk
Clerk of the Council


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