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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
APRIL 2, 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, April 2, 2001. Chairwoman Strom called the meeting to order at 7:30 p.m.
PRAYER The Prayer was given by Councilman Giddings.
PLEDGE OF ALLEGIANCE The Pledge of Allegiance was said.
ROLL-CALL Present were Councilmen Egan, Falk, Fiore, Giddings, Hall, Kaupin, Mangini, McGuire, Strom and Vayda. Councilman Dodd was absent. Councilman McGuire left at 9:25 p.m. 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 Finance, Gregory Simmons; Records Manager, Jean Blaser.
MINUTES OF PRECEDING MEETINGS
MOTION #5160 by Councilman Falk, seconded by Councilman Mangini to accept the minutes of the March 19, 2001 Special Meeting.
Referring to Page 1, fourth paragraph, third sentence, Councilman Fiore stated it should read as follows:
“He noted in the past companies such as Hallmark, Lego, etc., had sponsored sports teams…”
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5160 adopted 8-0-2, as amended, with Councilmen Kaupin and Strom abstaining.
MOTION #5161 by Councilman Mangini, seconded by Councilman Egan to accept the minutes of the March 19, 2001 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5161 adopted 8-0-2, with Councilmen Kaupin and Strom abstaining.
PUBLIC COMMUNICATIONS & PETITIONS
Kenneth Carlson, 153 Post Office Road
Spoke in favor of the proposed tax abatement resolution.
Nancy Bent, Abbewood Drive
Spoke regarding the condo trash issue. She referred to concerns about others coming forward to look for something and noted that is an entirely separate issue. She
pointed out this issue concerns a residential, not business service. As concerns condo owners coming back for something else, she noted it took 19 years to come this far.
As concerns condominium and PRD road specifications, Ms. Bent pointed out it seems their roads have been built fairly solid and typically these complexes dont allow on street parking within their complexes. She noted the useable width of the road is basically whatever the width of the road is, which in many instances is likely equal to or greater than a number of town roads where on-street parking on one or both sides of the street is prevalent.
As concerns the liability issue, Ms. Bent pointed out the complexes have insurance, the Town has insurance, and a Hold Harmless Agreement was brought up. She noted she has no problem with a Hold Harmless Agreement as long as its reasonable.
Ms. Bent stated her impression theyre creating a safer work environment for Town workers because they use dumpsters and tipper barrels. She noted if theres concern about the risk of injury to these workers, the Town should work harder to implement the tipper barrel program throughout the whole town, and perhaps even make it mandatory.
Referring to figures presented by the Public Works Department, Ms. Bent stated one issue is the $38,800 for an operator. She stated her belief that salary was supposed to be a more mid-range or average salary. She stated shes unsure if the position that they would be hiring for would be another level up. She noted if that is the case, and they hire from within, its her impression this would be an entry level position. She stated her hope $38,800 is not the starting salary for an entry-level position.
She noted it has not been mentioned that theres a possible savings with the fuel surcharge.
Ms. Bent stated her understanding Mr. McAlmond had a quote for $210,000 for a truck. She noted after some research, she learned there are new trucks available from $169,900 to $174,900. She suggested there could be some savings on a truck if they shop around.
She noted the total cost to the Town is $15,400. She stated if this is divided by 1,488 units, it comes out to $10.35 per unit per year. She noted the current cost per household in Enfield is $11.66 per month, compared to an additional $.86 per month for condos, assuming all the figures stand as they are.
Referring to the Condominium Subcommittee report, under “Other Items to Consider”, Ms. Bent read from the report: “We feel the condominiums/planned residential developments are an important aspect of our community. They provide an alternate housing option that benefits Enfield, both financially, and from a quality of life perspective. A diverse housing stock allows residents to stay in Enfield if they no longer wish to reside in a single family home subdivision. These homes then become available to new families for purchase which is important in towns such as Enfield that are already highly developed.” She stated her belief this is a very important purpose, because she believes the original purpose behind the condominium complex was exactly that. She feels a lot of the attitudes need to change toward condo owners. She pointed out often these are the same people who have lived within the neighborhoods of Enfield and have chosen to remain in Enfield. She pointed out they have a high percentage of senior citizens in condo complexes, many of whom originally lived in Enfield and decided to stay. She noted theyre contributors because theyre still homeowners, taxpayers, and residents.
Margaret Jedziniak, 232 Abbe Road
Questioned why Head Start will be a free-standing building since the ballot called for additions only. She questioned why this wasnt referred to the Town Attorney for a legal opinion. She feels this is a town matter that should have been handled by the town.
Ms. Jedziniak stated the School Department was only one of a very few towns in Connecticut that took over the running of Head Start, which started out as a Social Services program. She noted the School Department is now having a problem with the financing of the program. She questioned if the taxpayers will have to fund this program if Head Start separates from CRT and Health and Human Services.
She questioned what the tax rate might be and noted in years past it would have been well publicized by now. She questioned the reason for revaluation every four years.
Neal Narkon, 5 Clear Street
Referred to the proposed ordinance regarding motor vehicles and stated his belief laws are no good if theyre not enforced. He pointed out theres an ordinance that states no one is supposed to park or keep any vehicles over three-quarter ton at a private residence, however, during the day, there are a lot of people who bring large school buses home with them.
Mr. Narkon stated his belief the car ordinance shouldnt be a catch-all for everything and everyone. He stated his belief this should be a referendum-type issue because it effects a lot of people.
He stated his belief the Green Manor pool should be restored or replaced. He pointed out that pool gets a lot of usage, and its a healthy activity for children.
Cameron Daly, Putnam Lane
Voiced his support for any kind of ordinance that will address blighted property.
Mary Ann Turner, 7 Meadow Road
Referring to Item #4 on the Condo Subcommittee report, Ms. Turner pointed out there are other people who are not in favor of this and still feel there is not a clear plan and that the projections have not been thought through. She strongly urged the Council to give this a lot of thought.
Ms. Turner pointed out the Town Attorney has been very clear that the Town does not have to do this. She noted when Attorney Fish attended one of the condo meetings, he stated condo owners tax bills are based on the market value of their units and those market values already reflect the fact that condominiums must pay for private trash hauling.
She referred to figures in the report and the claim there would be a savings of $25,000. She referred to the recycling abatement as of June 30, 1999 which only comes to $12,000. She noted this either means condo people arent recycling their trash, are not going after the abatement, or the $25,000 figure is wrong.
Ms. Turner stated a notice should be put out to residents when trees are to be cut down.
Robert Tkacz, 1300 Enfield Street
Referring to the blight ordinance, Mr. Tkacz stated his belief more effort has to be made to get the word out regarding this ordinance, other than a legal ad in the paper. He added he supports this ordinance.
Mr. Tkacz pointed out East Hartford runs their trash department for $1 million dollars less than Enfield. He noted their biggest savings has to do with there not being one workers comp claim, and this is because they use the tipper barrel program for the whole town. He stated his belief Enfield should implement this program throughout all of Enfield.
As concerns the condominium issue, he noted at a recent meeting he requested a breakdown on how they were to convert the condominiums from dumpsters and tipper barrels. He noted that was never answered.
Mr. Tkacz stated theres a complex near Scitico, and its a very tight area. He questioned where they would have room for tipper barrels.
He stated he has seen nothing in writing from the condominium complexes stating they want the town to pick up their trash.
Joseph Bosco, 49 Steele Road
Referring to the motor vehicle ordinance, Mr. Bosco questioned how the penalization will start. He stated his understanding they have 30 days, however, is that per property or per car. He voiced concern about the negative impact to towing companies.
Chairwoman Strom stated this will be clarified later in the meeting when this item comes up for discussion.
Merrill Bent, Abbewood Drive
Stated taxpayers of Enfield can avail themselves of all services should they have a need. He noted under the current setup condo owners are prohibited from having that choice.
Referring to the $15,400 difference, Mr. Bent pointed out that figure does not include the fact that the truck would be picking up the trash at the public facilities. He pointed out the Town is currently paying $125,000 for an outside contractor to pick up at those facilities. He noted the $125,000 for an outside contractor would probably increase in the future. He stated someone should look at that contract to learn how to pick up the trash at those public facilities in a better way.
As concerns the cost of tipper barrels and dumpsters, Mr. Bent pointed out the cost would be paid entirely by the condo association. Therefore, there is no additional cost to the town other than fronting that money and whatever interest charges they might lose by doing so.
Robert Messenger, 4 King Court
Questioned whether anything has been done to address the fire departments regarding the blight ordinance.
Robert Tkacz, 1300 Enfield Street
Referred to a private contractor picking up trash at public facilities and pointed out that private contractor also picks up the recyclables and cardboard. He questioned whether the Town will also take on the cardboard recycling. He noted this will require more dumpsters.
COUNCILMEN COMMUNICATIONS & PETITIONS
MOTION #5162 by Councilman Falk, seconded by Councilman Mangini to add an item to Items for Discussion (Item d.) discussion of a resolution regarding the Town vs Silvia Salvari, and move Item 11b to Old Business.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5162 adopted 10-0-0.
Councilman Hall referred to Ms. Jedziniaks question regarding Head Start being a free standing building and explained the Town Council did get a Bond Counsel opinion on breaking that building away from the Enfield Street School. She requested a copy of that opinion be provided for Ms. Jedziniak. She stated the opinion stated as long as it met the educational needs of Head Start and it was the best location for the building, it would be allowable to move it away from Enfield Street School.
Ms. Jedziniak questioned why the Town Attorney wasnt asked this question. Councilman Hall pointed out the Town had to go to Bond Counsel for any opinion on any issues having to do with this resolution. Mr. Shanley stated the Town does pay Bond Counsel, therefore, they are in the employ of the Town.
Councilman Hall referred to Mr. Messengers concerns regarding the fire department issue and junk cars and noted the Chief of Police is in the process of meeting with the various chiefs of the fire departments to work out some arrangements for the fire departments.
Councilman Kaupin stated about two or three weeks ago, an information session was held at Nathan Hale regarding the Green Manor sidewalks. He noted the great majority of the people present at that meeting liked Public Works proposal to create a snow shelf on one side of the road. He stated one concern that was raised had to do with major collector roads such as Green Manor and Sheridan Roads. He noted because of the high volume of traffic, some of the residents are requesting sidewalks on both sides maintained due to the high speed that cars travel. He noted he received a letter, along with signatures of residents in that area.
Councilman Fiore referred to a change in the vending machines. He questioned if there will be revenue loss. Mr. Shanley noted there will be a revenue loss and he can discuss that further under Town Manger communications.
Councilman Fiore thanked the Town Manager for meeting with the Literacy Volunteers of Northern Connecticut. He noted they are in financial straits, and the Town Manager was very influential and very considerate in providing ideas and assistance. He stated in the near future, the Council will be receiving some information from this organization.
Councilman Egan informed everyone that at 3:30 tomorrow there will be a meeting with Enfield Shade Tobacco and the residents of the areas that are impacted by the tobacco growing to address citizens concerns regarding spraying being done and chemicals being used. She noted there will be a gentlemen from DEP present, as well as a couple research doctors who are working on different programs relating to this issue. She added the Health Director will be present. She noted neighbors have been informed of this meeting and it will be held at Enfield Shade Tobacco on Charnley Road.
Councilman Egan questioned what the library hours will be for the summer, i.e., whether the library will be open on Saturdays. Mr. Shanley made note of the question.
Councilman Egan stated she and the Town Manager attended the CCM meeting last Tuesday, and a few matters are coming up, i.e., education costs.
Councilman Mangini stated the Ground Round event was a success. She noted it would be nice to recognize the waitresses, waiters and management at Ground Round for allowing the Council the opportunity to step in and do a fundraiser. She noted the Council raised about $1,000 for Loaves and Fishes and the Enfield Food Shelf.
Councilman Mangini stated she would like Mr. Boscos concerns addressed when this item comes up for discussion.
Councilman McGuire stated several months ago, the Council had a consultant looking at the emergency services and this was supposed to be wrapped up soon. He questioned what the status is on this. Mr. Shanley stated his hope the Council will have a report in its Friday packets. He added hopefully they can discuss this item within the next couple Council meetings.
Councilman Vayda referred to Ms. Turners comment about tree cutting. He questioned what it would take to change the process on this. Mr. Shanley stated he can address this under Town Manager communications.
Councilman Vayda noted Ground Round staff gave of their own resources for this fund raiser, and they should be thanked for that.
Councilman Giddings stated he and Councilman Fiore recently attended a Veterans Council meeting and the topic of the Veterans Monument Committee was raised again. He stated his understanding Town staff has been looking for some direction regarding a resolution. Mr. Shanley noted a resolution is within the Councils packet to create this committee.
Chairwoman Strom requested the Town Manager address under Town Manager communications the topics of CRT and the reasons the State wanted more frequent revaluations.
Chairwoman Strom stated the projected mill rate has not been seen yet because the Town Council has not received the budget yet. Mr. Shanley stated hes targeting next Wednesday or Thursday evening for the presentation of the budget.
TOWN MANAGER REPORT & COMMUNICATIONS
Regarding the vending machines, Mr. Shanley explained a state law was passed in 1945 and was never exercised until now. He noted the state, by law, has a right to all vending machines in all state and municipal facilities. He stated the state has entered into an agreement with the Coca Cola company, and all vending machines in Enfield, including the Board of Education, will be run by this organization with proceeds going to them and all products will be Coca Cola products and the Town has no say in the matter. He noted the Town will lose revenue, i.e., employees will lose revenue because this generates the coffee fund.
Mr. Shanley referred to the current legislation on inoperable, unregistered vehicles which allows for an unlimited number. He noted they need a fixed number, and this is what the new law is proposing. He agreed with Councilman Hall in that the Chief of Police is talking to the fire chiefs to find ways to insure their vehicles are covered. He added theyre still working on language to insure that the businesses that must comply with state laws that require a certain number of days notice before they can sell the vehicle and then they have to get the bureaucratic response back from the state so that the clock for businesses will move so as to not get the businesses between a “rock and a hard place.”
As concerns tree cutting, Mr. Shanley stated its not a Town function, nor is it a Town responsibility, but rather its a CL&P and Northeast Utilities function. He noted the utility companies work with the Town to at least provide an opportunity to look at their cutting plan to identify trees that the Town may have questions about. He pointed out as a result of this, they have in fact saved a number of trees. He noted theyll try to find a way to broadly publicize that. He noted its not within the Towns control as concerns giving people notice of when a tree will be cut.
Referring to the legal opinion raised by Ms. Jedziniak, Mr. Shanley stated by Charter, the Town must use Bond Counsel on those type of questions.
Mr. Shanley stated the revaluation is a function of state law, and it is intended to keep values closer. He noted if ten years goes by without a revaluation, certain types of properties have valued much more quickly, and they are in fact getting a tax break, where other properties that may have devalued or valued less quickly are paying more as a percentage of their value. He noted the reason for the tighter time frame is to keep value closer to the tax.
Mr. Shanley stated the towns of Manchester, East Hartford, Enfield, and Vernon all operate Head Start Programs, and they met to discuss a series of problems that the federal government has identified with CRT, which is the umbrella organization through which the funding for Head Start passes from the federal government to those towns. He noted these towns arent happy with the performance of CRT for a number of reasons and would seek to form a coalition which would allow them to get this funding more directly. He explained part of the issue with the funding is the inability to get funding from CRT for various reasons.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Bromson referred to a comment about the blight ordinance going to referendum, and stated this is not legal in Connecticut. He noted Enfields Charter provides that ordinances such as these are decided by the Council.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Mangini stated the Fourth of July Committee works very hard for this yearly event. She noted theyre already making a lot of progress.
Councilman Mangini stated the Indoor Recreation Subcommittee is looking at a work session sometimes in April to examine all of the school buildings and the usage of the buildings with regards to recreation. She noted it appears theres a need for an indoor wrestling program in Enfield. She requested the wrestling item be included on a future agenda for discussion.
Councilman Falk stated if anything is going to be incorporated into the school building projects, the wrestling item should be on the next agenda since this would have to be addressed as soon as possible.
Chairwoman Strom agreed the wrestling item could be on the next agenda.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL & TOWN MANAGER)
All appointments remained tabled.
RESOLUTION #5163 by Councilman Kaupin, seconded by Councilman Vayda.
WHEREAS, C.J.K. Realty, LLC wishes to convey to the Town of Enfield a street
Known as Peerless Way, the description of which is attached* to this resolution;
WHEREAS, the Town of Enfield wishes to accept the street known as Peerless Way
As a public road;
NOW, THEREFORE, BE IT RESOLVED, that the Enfield Town Council hereby accepts
The street known as Peerless Way as a public road.
(*Description appended to minutes)
Present for this discussion was Francis Costanzo, Chairman of the Enfield Planning & Zoning Commission.
Councilman Fiore questioned what transpired at the January 18th meeting. Mr. Costanzo stated the owner wanted to release bonds for the road and have it accepted. He noted P&Z requested a report from staff to let P&Z know whether this road was fully constructed and met all the requirements. He noted they were given that assurance by staff, and he believes that bond money has been released. He stated its up to the Council to accept or not accept this road.
He added they did have some concerns regarding landscaping. He noted the original plans called for extensive landscaping along Shaker Road, as well as landscaping all the residential backyards. He noted P&Z went along with the idea that as each building is built, theyd have to come before P&Z for a site plan review, and at that time, they would decide on the kind and extent of landscaping. He pointed out this individual landscaped his own site and hes looking to get that released. He noted they have an additional $61,412 bond for landscaping along Shaker Road.
Councilman Fiore stated according to the minutes it seemed both issues were separate. He noted even if the Town accepts the road, theres still approximately a $61,000 bond for landscaping. Mr. Costanzo pointed out this person put up two bonds, one for $61,412 just for landscaping and another bond for $7,000 bond just for his building.
Councilman Fiore questioned how many years this bond is for, and Mr. Costanzo stated that bond was issued on November 16, 1998, and its for five years. He noted they strongly requested he begin the landscaping on Shaker Road. He stated possibly the Town could put off accepting the road until the landscaping is complete.
Councilman Kaupin questioned if its common that these bonds are separate from road acceptance in other areas. Mr. Costanzo responded yes.
Councilman Kaupin questioned whether this person conveyed it was his intention to do the landscaping on Shaker Road at an appropriate time within the bond, or did P&Z advise him to do the work. Mr. Costanzo responded P&Z did advise him to do this.
Councilman Kaupin questioned if the cost of the bond usually comes close to the actual cost of the work, and Mr. Costanzo responded yes.
Councilman Falk questioned if the bond is in 1998 dollars, or is that inflated for five years later. Mr. Costanzo responded he does not know.
Councilman Falk questioned whether the applicant is required to spend those dollars for landscaping. Mr. Costanzo stated the applicant is required to follow the plan that was approved.
Councilman Falk questioned if the Council can mandate something the P&Z has control over. Attorney Bromson stated accepting or abandoning roads is a joint process, however, P&Z has the jurisdiction regarding subdivisions and roads and the requirements in the bonds. He noted once P&Z has determined all the criteria has been satisfied, they are legally obligated to release the bonds. He stated they have never come across a situation where P&Z was satisfied and the Town sought not to agree with P&Zs judgment. He noted he would have to research this to learn under what circumstances can the Town reject accepting a roadway and what the ramifications might be.
Councilman Falk clarified the Council is only addressing the acceptance of the road, and not the landscaping.
Councilman Hall questioned whether the Council can get an update on Misty Meadow Road. Mr. Shanley stated they are very close. He noted the “as builts” have been submitted.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5163 adopted 10-0-0.
MOTION #5164 by Councilman Fiore, seconded by Councilman McGuire to remove Item c-1 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5164 adopted 10-0-0.
MOTION #5165 by Councilman Vayda, seconded by Councilman Fiore to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5165 adopted 10-0-0.
RESOLUTION #5166 by Councilman Falk, seconded by Councilman Mangini.
A Resolution re: Tax Abatement
(Copy appended)
Councilman Fiore voiced his support of the resolution.
Councilman Falk questioned if there might be an estimate as to the value of taxes the Town might lose because of the abatement. Mr. Shanley indicated that would be difficult to estimate since there are so many variables involved.
Councilman Falk stated his belief there are a lot of pluses with this abatement, and any economic loss because of the postponement of collecting taxes is minimal, but will mean something substantial to the person improving a property. He noted this would not only enhance the value of a property, but creates a good incentive for land owners to make improvements.
Chairwoman Strom stated they should look at what the Town will gain by encouraging residents to renovate properties.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5166 adopted 10-0-0.
DISCUSSION RE: PUBLIC HEARING/AMENDMENTS TO SOLID WASTE ORDINANCE
Chairwoman Strom questioned whether this hearing was already set. Mr. Shanley stated that public hearing has been scheduled for April 16, 2001.
Councilman Fiore stated he has no problems with the recommendations to the changes for this ordinance. He recommended they should remove the reference to the Solid Waste Appeals Board. Mr. Shanley advised he would check into this as concerns state law.
MOTION #5167 by Councilman Falk, seconded by Councilman Kaupin to remove Item c-3 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5167 adopted 10-0-0.
DISCUSSION RE: RESOLUTION ABANDONED CAR ORDINANCE
Mr. Shanley stated staff is still working on this. He added the Chief of Police is working with the fire chiefs regarding this. He noted theyre also working on language regarding the state requirements for wrecker companies so that time frames are consistent. He added these items will be available for the next meeting.
Councilman Mangini questioned whether the state issue will address Mr. Boscos concern. Mr. Shanley stated he is not certain. He pointed out theyre trying to follow the Councils direction after the last public hearing and that is to take a look at the language to be sure they are not putting the businesses in a difficult spot with respect to state laws.
Councilman Mangini stated she does not want the Council to adversely effect a business in Enfield. Mr. Shanley stated this will require a cooperative effort on the part of businesses to let the police department know what theyre doing with their inoperable motor vehicles sitting in their lots and where they are in the process. He added they want to be sure this ordinance is respectful of their needs to meet the state law.
Councilman Vayda stated businesses are required to do many things in Enfield to conform to zoning regulations. He stated his belief the obligation is to treat each other with respect in terms of how property is handled. He noted he does not see a major issue. He stated he is looking for a certain amount of consistency and fairness across the board.
Councilman Falk stated his belief the ordinance says a person is allowed to have only one car in an open area which is visible from a public street. He noted there may be more vehicles as long as theyre shielded from the street.
MOTION #5168 by Councilman Falk, seconded by Councilman Kaupin to re-table this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5168 adopted 10-0-0.
Items d. and e. remained tabled.
MOTION #5169 by Councilman Kaupin, seconded by Councilman Egan to remove Item f. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5169 adopted 10-0-0.
RESOLUTION #5170 by Councilman Kaupin, seconded by Councilman Egan.
RESOLVED, that the Enfield Town Council will hold a Public Hearing in the Enfield Town Hall, Council Chambers, 820 Enfield Street, Enfield, Connecticut on Monday, April 16, 2001 at 6:30 p.m. to allow interested citizens an opportunity to express their opinion regarding the amended Inland Wetlands & Watercourses Agency Ordinance.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5170 adopted 9-0-0.
RESOLUTION #5171 by Councilman Mangini, seconded by Councilman Kaupin.
RESOLVED, that the Enfield Town Council will hold a Public Hearing in the Enfield Town Hall Council Chambers, 820 Enfield Street, Enfield, Connecticut on Monday, April 16, 2001 at 6:45 p.m. to allow interested citizens an opportunity to express their opinion regarding the amended Conservation Commission Ordinance.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5171 adopted 9-0-0.
Items g., h., i., and j. remained tabled.
RESOLUTION #5172 by Councilman Kaupin, seconded by Councilman Vayda.
WHEREAS, the Town Council of the Town of Enfield seeks advice and direction on the preservation, rehabilitation and/or maintenance of various memorials in Town and to form a committee of concerned citizens;
NOW THEREFORE BE IT RESOLVED, the Town Council of the Town of Enfield hereby establishes a Memorial Advisory Committee to consist of one (1) member from Amvets, one (1) member from the Veterans Council, one (1) member from the Enfield Revitalization Committee and a liaison from each political party from the Council.
BE IT FURTHER RESOLVED, that the committee is charged with reviewing the memorials identified in Town, amending the inventory and recommending to the Town Council actions that they deem appropriate for the local government to take with respect to said monuments. The Council shall receive these recommendations by August 1, 2001 at which time the Advisory Subcommittee shall have completed its work.
AMENDMENT #1 by Councilman Giddings, seconded by Councilman Fiore to amend the second paragraph and last sentence of the third paragraphs as follows:
“NOW THEREFORE BE IT RESOLVED, the Town Council of the Town of Enfield hereby establishes a Memorial Advisory Committee to consist of three (3) members from the Veterans Council, one (1) member from the Historical Society, one (1) member from the Enfield Revitalization Committee, and a liaison from each political party from the Council.”
“The Council shall receive these recommendations by December 31, 2001 at which time the Advisory Subcommittee shall have completed its work.”
Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #1 adopted 9-0-0.
Chairwoman Strom suggested a staff member be called upon only as needed.
Councilman Kaupin stated he has learned family members prefer the marker at the Hazardville Park not be moved.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5172 adopted 9-0-0, as amended.
NEW BUSINESS
APPOINTMENTS (TOWN COUNCIL)
NOMINATION #5173 by Councilman Fiore to appoint Ruth Porcello as an alternate on the Senior Center Building Committee.
MOTION #5174 by Councilman Egan, seconded by Councilman Falk to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5174 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Ruth Porcello appointed to the Senior Center Building Committee by a 9-0-0 vote.
ITEMS FOR DISCUSSION
MOTION #5175 by Councilman Falk, seconded by Councilman Kaupin to suspend the rules to address Items a. and d. under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOITON #5175 adopted 9-0-0.
DISCUSSION RE: CONDOMINIUM SUB-COMMITTEE REPORT
Councilman Kaupin stated they addressed the different topics that the Town Council had raised concerns about, i.e., a hold harmless agreement, relevant case law, liability issue, precedence setting, road specifications, and an update to Public Works expenditures.
He noted they asked that a hold harmless agreement be drafted, however, the Town Attorney suggested waiting for full action from the Town Council, and at that time a hold harmless agreement could be drafted to protect the interests of the Town.
As concerns relevant case law, Councilman Kaupin stated his belief the Towns current practice of not picking up condo trash is supported by relevant case law and different court actions. He noted he and Councilman McGuire believe if the Town decided to extend the service, the Town would still be on the same good legal standing because they are not really setting a precedence because they can decide whose trash they would pick up and how they would pick up trash. Regarding businesses then wanting trash pick up, Councilman Kaupin stated this is only intended to address residences.
Councilman Kaupin stated they then looked at road specifications. He noted they have the findings for early 1990s. He noted as the town grew and developed, certain standards came into play. He stated they feel they can extend the service in a safe and reliable manner.
He stated they asked Public Works to update all the expenses. He referred to Item h. in the report and noted its a net operational savings of $8,600. He stated adding in the capitalized expense and the reimbursements for the capital equipment, theres a net capital outlay of $210,000. He stated on an annualized basis, the cost is around $15,600. As concerns the idea of offering a rebate vs actually picking up, he noted based on information from Public Works, the per unit expenditure per month is $11.66. He noted if that were granted fully as a rebate, multiplied by the total number of units, it would come up to $208,000. He stated there would then be a debate as to whether this is a full rebate based on the percentage of taxes paid to cover that expense.
Councilman Kaupin stated their recommendation is to budget for the additional employee, budget for the disposal fees, budget for the equipment operation and maintenance items, to purchase the front end loading vehicle and eliminate the contract for the outside service.
Councilman Kaupin stated as concerns condo owners placing refuse and recyclables along a public right-of-way, they feel this is not a good idea because this would lead to unsightly conditions in front of the complex, refuse may spill onto other peoples properties, site lines for vehicles could be reduced, rodents may be attracted, health concerns could be an issue, etc.
He noted an increase in recyclables could result in a credit to the Town.
As concerns a question about what condo owners would do with their savings if their trash was picked up by the Town, he noted this is really up to the condo associations to take that money and hopefully reinvest them into their complexes to keep up their values.
Councilman Kaupin stated they do base the proposal on a 100% participation rate. He noted they have been told by the representatives that all of the associations support coming forward. He noted if the Council adopts the policy, and they move forward and learn there isnt 100% participation, things would have to be reconsidered.
He stated they do feel condo home ownership does provide a different alternative for the residents in Enfield to stay in Enfield, to keep the housing stock turning over to allow new families to move into town, and to hold back on the development of new residential subdivisions. He stated they believe condo complexes are an integral part of Enfield.
Councilman Kaupin thanked Mr. Vindigni, Public Works, the Town Attorneys Office and all those who provided information. He noted they were well supported. He added they still have some outstanding questions that need to be answered.
Chairwoman Strom pointed out much of this will be budgetary.
Councilman Hall questioned whether 100% participation would be part of the resolution, and Councilman Kaupin responded yes.
Councilman Hall stated if the Council voted to implement the pick up for the condo units, would P&Z have to go back and revise their regulations. Attorney Bromson stated they were not requested to provide an opinion on that question, however, this will have to be looked at.
Councilman Hall questioned whether the contract with Somers Sanitation is annual. Mr. Vindigni indicated hed check into that.
Councilman Hall questioned for what period of time are they anticipating payback from the condos for tipper barrels and dumpsters. Councilman Kaupin stated it was recommended that it would be paid back within the course of one fiscal year.
Chairwoman Strom stated some of the condo units stated they would not renew their present trash contract and place their trash on the public roadway. She questioned if this effects P&Z approval if they were approved to use dumpsters or tipper barrels. Attorney Bromson stated the Towns policy was that theyd pick it up if the trash was placed on a public road. He clarified the Town does not have to pick up their trash merely because its on a public road. He noted thats a voluntary decision the Town made. He stated the threshold issue is “do you have to pick up trash from condominiums”, and they do not. He noted the Towns offer to pick up trash at the roadside can be rescinded if this practice becomes a public health and safety problem. He pointed out the Town has no legal responsibility to pick up trash from condominiums from anywhere. Chairwoman Strom questioned if this in any way violates the P&Z approval, and Attorney Bromson responded it might.
Councilman Vayda questioned if its possible to have an agreement with the condominium associates that there would be no further pursuing of any other additional requests for services. Attorney Bromson responded no. He noted at this junction, the Town does not have an obligation to provide any of these services, however, once the Town waives that and provides a service of trash pick-up, they then have the right to come forward and ask for any other services that theyre currently not being provided, i.e., snow removal, hydrants, lights. He agreed with Ms. Bent that businesses are different than residences. He stated businesses may challenge the Town, but he feels the Town would be on firm legal ground if they extended the service to condos only.
Councilman Mangini questioned if the outlay for equipment would be added to the upcoming budget. Councilman Kaupin stated his belief this isnt part of the budget since the Town Manager hasnt received direction from the Council, and that it would have to be added by the Council.
Councilman Hall stated a constituent raised the question of whether there was any discussion about opening up condo pools to the public in lieu of the trash being picked up. Councilman Kaupin responded no.
Councilman Falk stated if a hold harmless agreement is created, can it be changed in the future. Attorney Bromson stated his belief with consent, the hold harmless could be changed.
Councilman Falk stated his belief the Town should be in a position to address piles of trash being placed by the roadside. Attorney Bromson stated if that becomes an issue, it could be addressed.
Councilman Egan questioned whether the four private schools reimburse the Town for the pick up of their trash by the hired contractor. She noted this could change the figures. Chairwoman Strom requested this be clarified.
Chairwoman Strom questioned if there was any buffer built in should the front loader break down and they need to lease another. Councilman Kaupin stated thats one of the outstanding questions.
Councilman Fiore questioned if there was any thought given to a back-up employee should the front-end driver be absent. Councilman Kaupin stated they were told there are three back-up employees, and one would be able to fill in.
Councilman Giddings questioned if these numbers include inflation over the years. Councilman Kaupin stated this is a snapshot of right now, and they would anticipate that the labor expenses will increase, however, tipping fees will go up as well.
MOTION #5176 by Councilman Vayda, seconded by Councilman Hall to retable this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #5176 adopted 9-0-0.
DISCUSSION RE: BID WAIVER LANDFILL MONITORING
Mr. Shanley stated the Council has a memorandum suggesting that they waive the bid process to contract a firm to conduct some well borings and monitor them to clearly identify where the benzene is located and recommend a remediation.
It was agreed this item will appear on the next agenda.
MISCELLANEOUS
RESOLUTION #5177 by Councilman Kaupin, seconded by Councilman Hall.
RESOLVED, that Scott Shanley, Town Manager, is empowered to execute and deliver in the name of and on behalf of this municipality, an application and contract with the State Library for an Historic Preservation Grant.
Councilman Fiore questioned whether theyll come up with some recommendations about a better way to preserve records. Ms. Olechnicki stated her understanding they will look at how the Town is currently storing records and provide some guidelines.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5177 adopted 9-0-0.
RESOLUTION #5178 by Councilman Falk, seconded by Councilman Kaupin.
BE IT RESOLVED, that the Enfield Town Council does hereby authorize the Town Attorney, Christopher W. Bromson, to settle the outstanding foreclosure action captioned Town of Enfield v. Silvia Salvari, Docket No. CV 000801542S for delinquent taxes due on the property located at 23 North Main Street in the amount of $18,500.00.
Councilman Kaupin questioned if its true Ms. Salvari wont be responsible for any of the actual payments to settle this issue. Attorney Bromson responded yes. He noted this was something that was overlooked because of the tax-exempt status of the church for several years. He feels under these circumstances, its very appropriate to accept this. He added his belief this is fair to Ms. Salvari and the Town.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #5178 adopted 9-0-0.
PUBLIC COMMUNICATIONS
Robert Tkacz, 1300 Enfield Street
Stated East Hartford will not allow their town vehicles onto condominium properties.
Harriet George, 304 Brainard Road (Heritage Farms)
Stated when going through an approval process with the planning board, they simply need to know whether the trash is being taken care of from a health and safety point of view. She noted plannings concern is the footprint of the land.
Ms. George stated when she lives at the Hamlet several years ago, they were reimbursed for half of their hydrant water for five years.
Margaret Jedziniak, 232 Abbe Road
Requested clarification of the Town Managers answer regarding CRT and Enfield Public Schools. She questioned which towns have been running the Head Start
through their school systems. Mr. Shanley responded Manchester and East Hartford have, but hes not certain about Vernon.
ADJOURNMENT
MOTION #5179 by Councilman Falk, seconded by Councilman Vayda to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOITON #5179 adopted 9-0-0, and the meeting stood adjourned at 10:37 p.m.
Respectfully submitted,
Jeannette Lamontagne
Secretary to the Council
Suzanne F. Olechnicki
Town Clerk
Clerk of the Council
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