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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
AUGUST 26, 2002
A Regular Meeting of the Enfield Town Council was called to order by Chairman Vayda in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Monday, August 26, 2002 at 7:30 p.m.
PRAYER - The Prayer was given by Councilman Strom.
PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was said.
ROLL-CALL - Present were Councilmen Edgar, Egan, Fiore, Hall, Kaupin, Mangini, Strom, Tait, and Vayda. Councilman Tallarita was absent. Also present were Town Manager, Scott A. Shanley; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne F. Olechnicki; Town Attorney, Christopher W. Bromson; Deputy Director of Public Works, Geoffrey McAlmond; Director of Finance, Gregory Simmons; Assistant Director of Public Works, Colleen Brand; Chief of Police, Ronald Marcotte.
MOTION #6076 by Councilman Tait, seconded by Councilman Kaupin to suspend the rules to address Item 11g. as Item 3a. (Appointment of Town Councilman)
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6076 adopted 9-0-0.
NOMINATION #6077 by Councilman Kaupin to appoint Jason Jones (R) to the Enfield Town Council.
Councilman Kaupin stated Mr. Jones has been a lifelong resident of Enfield, a member of the Enfield Zoning Board of Appeals, headed up the Civic Participation group and has been involved with the Enfield Republican Town Committee.
MOTION #6078 by Councilman Strom, seconded by Councilman Tait to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6078 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Jason Jones appointed to the Enfield Town Council by a 9-0-0 vote.
Jason Jones was then sworn into office by Town Clerk, Suzanne Olechnicki.
MOTION #6079 by Councilman Kaupin, seconded by Councilman Hall to accept the minutes of the July 22, 2002 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6079 adopted 8-0-2, with Councilmen Egan and Jones abstaining.
MOTION #6080 by Councilman Hall, seconded by Councilman Strom to accept the minutes of the July 29, 2002 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6080 adopted 9-0-1, with Councilman Jones abstaining.
MOTION #6081 by Councilman Egan, seconded by Councilman Kaupin to accept the minutes of the August 5, 2002 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6081 adopted 8-0-2, with Councilmen Hall and Jones abstaining.
MOTION #6082 by Councilman Hall, seconded by Councilman Egan to accept the minutes of the August 5, 2002 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6082 adopted 9-0-1, with Councilman Jones abstaining.
PUBLIC COMMUNICATIONS & PETITIONS
Scott Giddings, 50 South River Street
Congratulated Councilman Jones on his appointment. He shared some words of wisdom - remember the four "H's" - Honor, Humility, Humanity, Humor.
Dan Post, 10 Cartier Road
Stated the new residency requirement has had a negative impact on the Volleyball League. He recommended the restrictions be modified or lifted. He noted out-of-town players understand they would incur a higher cost and they have no problem with that. He requested the Council reconsider this issue.
Nancy Bent, Abbewood Drive
Presented a petition to split the referendum question. She stated her impression that people do not want everything in the referendum to pass and people are looking for responsible and reasonable spending. She stated for the most part people are supportive of the schools' needs regarding their athletic fields. She added her belief monies might be available at the state level regarding the new pool.
Connie Boyajian, 165 Sherman Road
Stated last Spring a great petition was submitted by school children regarding the Green Manor pool.
Ms. Boyajian commended Chairman Vayda and the Council for their statement in the August 23rd newspaper. She noted it was the consensus of the Council to oppose splitting the referendum question "because they didn't want to divide the community."
She pointed out throughout history, division has not worked well for the people. She stated her belief one referendum question is best for the Town.
Donna Szewczak, 35 South Road
Stated she has seen the Council study this issue and feels the Council came up with a package that's all inclusive of what needs to be done now. She stated she is against the referendum question being split.
Margaret Jedziniak, 232 Abbe Road
Stated she is against the referendum because in the financial report for 2000 it says they have one community center, 16 neighborhood parks, one public green, two nature areas, 205 acres of parkland, 10 playground programs (one mobile), one golf course, two indoor swimming pools, one outdoor pool, one outdoor ice-skating, 23 tennis courts (18 lighted), 30 athletic diamonds, 12 basketball courts (two lighted), and one senior center. She noted she does not know the number of soccer fields for the Town of Enfield. She stated her opinion Enfield has a great deal of recreation and she doesn't feel any more is needed at this time. She stated her belief the people need a breather before the Town asks for any more money.
Referring to figures from the Connecticut Office of Policy and Management concerning Enfield - the population rose 1,116 people in 2001, but the per capita income dropped from $27,152 to $24,984 within that time, a loss of $2,168 per capita. She noted in the meantime, everything has been going up in cost, including taxes in Enfield. She stated the school population was 22 pupils less. She questioned on what figures does the Council gage the residents of Enfield ability to pay.
Ms. Jedziniak raised the question of whether it's too soon to sanction this $9.5 million dollar referendum. She questioned why the Council would feel it's imperative to take away the vital leaf vacuuming program from Enfield residents to save only $160,000, while proposing taxpayers spend $9.5 million dollars in the proposed referendum.
Ms. Jedziniak questioned the town's liability concerning skateboarders and rollerbladers using town property and possible injuries. She went on to note the benches around the Town Hall are showing wear and tear from skateboarders. She suggested signs be posted prohibiting skateboarding and roller blading on Town Hall property. She went on to note she has seen people bicycling and roller blading on tennis courts and skate parks. She questioned why anyone would want to spend their hard earned money toward building any more of these projects.
Mrs. Collins, 25 Gordon Lane
Stated it has come to her attention that a Councilman's offspring has bad-mouthed her in a public place. She noted she does not know this Councilman or the offspring. She noted she has been outspoken about taxes. She added she has volunteered for years in Enfield since 1955 and has never asked for anything in return.
Mrs. Collins pointed out people should be thankful for young soldiers who gave up their lives so that people like herself can speak up freely without being bad-mouthed in public.
Mrs. Collins stated at a previous meeting a 16-year old said the seniors should make a sacrifice. She pointed out senior citizens have made sacrifices all their lives, particularly the period during World War II.
Robert Tkacz, 1300 Enfield Street
Commended Councilmen Egan and Tait for their wanting to split the referendum question. He noted he asked the question twice and is now asking a third time - the impact of the previous referendums on the future budgets. He stated according to his calculations, they're heading for a $40 mill rate within three years. He noted many states are in the red, and President Bush is spending money on Homeland Security for airports. He pointed out no money is being spent on security for the schools.
Mr. Tkacz stated he spoke to over 200 people about the upcoming referendum, and he found no one in favor of this referendum because of the budget impact.
He stated the Town has an unwritten contract with the property owners to take care of Town and State property, i.e., cut the grass and keep the area clean. He feels the Town is breaking that unwritten contract with the property owners by not vacuuming the leaves once a year. He feels this is a disservice to the property owners of Enfield.
Frank Jedziniak, 232 Abbe Road
Stated he is against the referendum because the taxpayers can't afford it and there are too many projects currently underway.
Beverly Yelle, 3 William Street Ext.
Spoke regarding the Vicious Dog Ordinance. She noted her dog was attacked by a neighbor's dog. She stated her hope people will have a little consideration and have better control of their pets. She expressed her appreciation for the Town Council listening to residents' concerns regarding this issue. She concluded stating something really needs to be done to protect people and pets.
William Valliere, 174 Pinewood Avenue, Springfield, Mass.
Stated he did participate in a number of meetings in Springfield regarding a Dog Ordinance. He pointed out public safety has to be a prime consideration. He shared some statistics: An average of 4.5 to 5 million dog bites per year; 330,000 emergency room visits every year, 6,000 hospitalizations, 17 deaths last year. Most serious - 70% of the most serious injuries happen to children, elderly and mailmen, $1 billion dollars in liability claims due to dog bites.
Mr. Valliere stated it's important to take preventive action. He noted every community should do what they can to protect the public.
COUNCILMEN COMMUNICATIONS & PETITIONS
Councilman Kaupin referred to Mr. Tkacz inquiry regarding the impact of previous referendums on the mill rate. He noted the Town Council did get this in their packet and they will get a copy to Mr. Tkacz.
Councilman Kaupin stated he would like an update on the Hazard Avenue/South Road/Elm Street project.
He stated he would like an update on the Hazardville Streetscape.
Councilman Kaupin requested an item be included on the upcoming agenda regarding the residency requirements as pertains to the comments made earlier regarding the Volleyball league.
Councilman Kaupin stated his belief it was a mistake to eliminate the leaf pick-up program. He noted he would like to revisit this issue to determine whether it should be eliminated or improved upon.
Councilman Edgar agreed the leaf program issue should be revisited.
Councilman Edgar stated he received a letter from Edward Furey of Pearl Street. He noted copies went to the Town Manager, the Mayor, Deputy Mayor and other Council people. He noted Mr. Furey asked several questions and he is bothered that Mr. Furey called over six weeks ago to speak to an Engineer and was assured he would receive a reply, however, none has come forth. Councilman Edgar stated he would like to be copied on any action taken on this letter. He added he would like to be advised by the end of the week what the situation is.
Councilman Edgar stated Mr. and Mrs. Isopo came before the Council about a month ago to question who owns the sidewalk in front of his house. He noted he has not seen a response to this question. He stated his belief they should expedite some kind of action on this.
MOTION #6083 by Councilman Edgar, seconded by Councilman Strom to suspend the rules to address item 12h as Item 9a. (Enfield High School Alterations/Architect)
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6083 adopted 9-0-0.
Councilman Tait referred to the leaf pick-up program and stated his belief the discontinuance of this program related not only to the money issue, but the inefficiency of the program as well. He pointed out the Council did discuss the possibility of reinstating this program next year with an improved process.
Councilman Mangini expressed her appreciation to Enfield Public Schools for providing them with the "Enfield Public Schools - Enfield Writes". She noted this is a wonderful publication containing poetry and short stories by Enfield school children from elementary through high school. She noted this is a superb collection of writings.
Councilman Mangini stated on September 11th there will be a remembrance ceremony for the people who perished on September 11, 2001. She noted this will be a candle light vigil on the Town Green.
Councilman Mangini commended Councilman Strom who has been elected the first vice president of CCM.
MOTION #6084 by Councilman Egan, seconded by Councilman Strom to suspend the rules to address Item 11b to 9B. (Senior Center Building Committee Quarterly Report)
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6084 adopted 9-0-0.
Councilman Egan stated someone asked her if the playground equipment at Nathan Hale was to be replaced. Mr. Shanley questioned if this relates to the Nathan Hale School or Green Manor Park. Mr. Shanley stated Nathan Hale School playground equipment would be within the jurisdiction of the School Department. He noted they will know after November what's going to be done regarding playground equipment at the Green Manor Park.
Councilman Egan requested an update on work being done on School Street. She noted a resident on that street voiced concern about work just done in that area and that the level of the road and slope is not the way it should be with driveways.
Councilman Fiore thanked Town staff for sweeping the St. James Avenue area.
He reminded everyone the Hall of Fame dinner is schedule for September 20th and tickets are available at the Lamagna Center and various other locations.
Councilman Fiore questioned if there's been a response from the Prison Department based on the Town Manager's request for a scoping meeting in Enfield. Mr. Shanley stated the Council has a memo within their packets concerning this and that meeting is scheduled for September 3rd. Councilman Fiore stated he was under the impression this was to be a meeting that would be just for the Town of Enfield in the Town of Enfield. He stated his impression was that the September 3rd meeting appears to be a regional meeting.
Councilman Fiore stated if there's a consensus, he would like the Town Manager to send another letter out requesting a personal scoping meeting in Enfield, similar to what was held in the town of Somers about a month ago. He noted he will leave this to the Council leadership and Town Manager to handle.
Councilman Fiore read a letter from the Hartford County Soil and Conservation District as follows: "On behalf of the Board of Supervisors of the Hartford County Soil and Conservation District, I wish to thank the Town of Enfield for its contribution to the District. The Town of Enfield is truly a partner in the work of soil and water conservation. Such contributions make possible our continuing efforts to achieve our resource conservation goals." He noted this is a Certificate of Appreciation Award to the Town of Enfield. He feels Enfield and Town staff should be proud of this.
Councilman Hall congratulated and welcomed Jason Jones to the Town Council. She went on to request the next agenda include a discussion item regarding the topic of a skateboard park in Thompsonville.
Referring to Councilman Kaupin's earlier request, Councilman Hall indicated she's also looking for an update on the Hazardville Streetscape.
Councilman Hall stated she received a call from someone regarding the Powder Hill Barn and a stack of trash that sat for a week. She noted it appeared to be a bulky waste pick-up and this appeared after one of their antique events on a Monday evening. She stated she believes she saw that pile disappear; however, another pile has appeared in its place. She questioned this practice.
Councilman Strom commended the Enfield Public Schools publication, "Enfield Writes". She stated her hope there are some copies of this at the library and Town Hall. She noted this publication contains some amazing pieces. She noted she was surprised and impressed with some of the literary writings.
Councilman Strom questioned if there was consensus to put the residency requirement on the next agenda for discussion. She stated her belief they should probably also include the leaf pick-up item on the agenda for discussion.
Councilman Strom stated her understanding the Enfield Senior Bus Committee wrote a letter to Mr. Smyth thanking them for their donation. She noted this $75,000 donation kept Dial-A-Ride going this year. She stated her belief this was very impressive.
Chairman Vayda congratulated Councilman Strom on her appointment with CCM. He noted Councilman Strom's appointment is a great benefit for Enfield.
Chairman Vayda clarified the upcoming referendum is not about building more parks in Enfield, but rather improving the parks that already exist. He stated his belief the ability of people to pay will be gaged at the polls. He went on to state his belief it's important they not turn this referendum into a battle between constituencies.
Chairman Vayda agreed they need to have a discussion regarding the leaf pick-up issue.
TOWN MANAGER REPROT & COMMUNICATIONS
Mr. Shanley reported the South Road/Elm Street/Hazard Avenue project is slated to pick up again this week.
Mr. Shanley stated he will have a member of the Planning Department contact the owners of 1431 Enfield Street. He noted a cost analysis has been done, and they have to figure out where they can find the money and when they can do the work. He added there are also some other sidewalk pieces on that same side of Enfield Street and Public Works is looking at what it would take to get rid of those at the same time.
Mr. Shanley stated this evening is the first time he has heard about a problem on School Street. He noted when he has the name of the resident who raised the concern; he will have Tom McGee of Public Works meet with this resident to go over those concerns.
Mr. Shanley and Chairman Vayda agreed they will discuss the scoping meeting with the Prison Department after the Town Council meeting.
Mr. Shanley stated his understanding there are three more weeks of work for the Hazardville Streetscape. He noted they should be continuing that work within the next couple weeks. He requested Mr. McAlmond arrange for a written report on the Hazardville Streetscape.
As concerns the leaf pick-up program, Mr. Shanley stated the challenge has to do with the weather.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Bromson stated he had no formal report this evening.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Mangini stated Laura Watson has extended an invitation to the Town Council to attend a Lead Abatement seminar on September 17th at 6:30.
DISCUSSION RE: BID AWARD - ENFIELD HIGH SCHOOL ALTERATIONS/ARCHITECT
Present for this discussion were Chairman of the Enfield High School Building Committee, George Rypysc; Director of School Facilities, Arthur Pongratz; Assistant Director of Public Works, Colleen Brand.
Mr. Rypysc stated they are present this evening to report on their progress and request the Council's approval to enter into the design phase of this project. He noted the Committee has been meeting on a regular schedule, developing advertising and submitting a request for proposal for all interested architectural firms to bid on. He noted they had 14 bids on this project and found Lawrence Associates of Manchester, Connecticut best suited for this project. He stated they are asking the Town Council to approve contracting Lawrence Associates for this project.
Councilman Edgar stated this is a very hardworking and cohesive Committee. He noted this Committee did their research and homework regarding this selection. He added the interview process was lengthy and thorough. He recommended approving this under Miscellaneous this evening.
Councilman Kaupin agreed with Councilman Edgar in that they should support the Committee's recommendation.
MOTION #6085 by Councilman Kaupin, seconded by Councilman Strom to suspend the rules to address this item under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6085 adopted 10-0-0.
DISCUSSION RE: SENIOR CENTER BUILDING COMMITTEE QUARTERLY REPORT
Present for this discussion were Russ Maylott, Chairman of the Senior Center Building Committee and Sam McGill, Vice Chairman.
Mr. Maylott presented the progress report of the Senior Center Building Committee. He noted thus far the Committee has accomplished the following:
" Construction work is 45% complete
" Enclosure of the building envelope anticipated to be complete the end of September
" Special inspection at 85% completion
" Final report on trusses anticipated to be complete end of August
" Outstanding site work - gas line and service, parking lot curbing, sidewalk, striping for the parking lot, planting, light pole installations, etc. - anticipated completion is end of October
" Gazebo installation scheduled for installation on September 25 and 26 - final plantings and furniture anticipated in early spring
" 80% of the funds allocated for this project have been committed
" Anticipated completion date - end of January, 2003 - possibility of improvement on that date
" They continue to update the web page for progress photos
Councilman Egan commended this Committee for their hard work.
Councilman Fiore commended the Committee for their hard work.
Chairman Vayda commended the Committee for all their efforts.
Councilman Egan stated her belief the Rotary Club has been very generous and cooperative. She added her belief it's a small token of appreciation to name this park for them.
Councilman Strom agreed with Councilman Egan. She added her belief the Committee has done a fantastic job.
Mr. Maylott stated the Committee is looking for input as to the placement and type of signage for the park.
After some discussion, it was the consensus of the Council to place the sign in the proposed site and that the sign read, "Enfield Rotary Park". It was agreed the word "Enfield" would be included as long as it can be designed attractively.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL)
There were no Town Council appointments.
APPOINTMENTS (TOWN MANAGER)
MOTION #6086 by Councilman Strom, seconded by Councilman Fiore to remove Item #5 from the table. (Fair Rent Commission appointment)
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6086 adopted 10-0-0.
MOTION #6086A by Councilman Hall, seconded by Councilman Strom to accept the Town Manager's recommendation to appoint Elizabeth Gillen (U) to the Fair Rent Commission for a term which expires 6/30/2004.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6086A adopted 10-0-0.
MOTION #6087 by Councilman Edgar, seconded by Councilman Tait to remove Item c. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6087 adopted 10-0-0.
Councilman Edgar stated on the basis of the test borings, he feels they should go back and discuss the site because it appears Site #3 will be very expensive. He added he has heard comments from the public about their approval of the site where the mock-up is currently located. He noted the Committee indicated the two construction people willing to donate their services are willing to work with that site. He stated another question from the Committee is that they need to know if the Council has accepted their monument sketch and they need the approval to order the granite. He noted they need that approval as soon as possible since the granite cannot be cut during some of the winter months, and they're worried it won't be in place for next Memorial Day.
Councilman Strom questioned the difference in cost between the sites. She stated her belief they approved the schematic, however, they needed to learn how big the monument needed to be to accommodate the number of names. She agreed this needs more discussion and the sites have to be re-looked at.
Councilman Edgar stated this needs to be expedited. He stated the Committee has not been given approval to order the stone. He noted the names will be engraved last. He stated they're still refining the list of names. He added they are making provision for space for any names that may have been omitted.
Chairman Vayda questioned if Town staff normally handles the actual ordering of items. Mr. Shanley responded that's the normal process. Councilman Edgar stated the Committee understands the Town has to order the granite; however, they are willing to go up to Vermont at their own expense.
Mr. Shanley stated he was just contacted today about the results from the geotechnical people and he is expecting a written report this week. He noted a final decision then needs to be made on the site and the size of the lettering. He stated they can then decide the size of the stone. Councilman Tait stated his impression Milone & McBroom was already asked to provide a recommendation for a final design. He agreed with Councilman Edgar in that this should be expedited.
Councilman Edgar stated he heard the engineer didn't realize letters were to be placed on the front and back of the memorial and once he realized that, it was his impression he was going along with the Committee's recommendation regarding the size of the letters.
Chairman Vayda stated this will be further discussed at the leadership meeting to learn if there's enough progress so this can be addressed at the next meeting.
Councilman Edgar stated it has been almost a year that this has dragged on, and since that time as many as 50 people are not alive to see their names on the monument. He urged everyone to expedite this item.
MOTION #6088 by Councilman Edgar, seconded by Councilman Tait to retable this item.
Items d. and e. remained tabled.
RESOLUTION #6089 by Councilman Tait, seconded by Councilman Hall.
RESOLVED, the Enfield Town Council hereby endorses the Director of Public Work's implementation of Bulky Waste Transfer Station - Fees, as per attachment entitled "Bulky Wage Transfer Station - Fees" dated July 15, 2002;
BE IT FURTHER RESOLVED, the "Disposal Rate" effective November 1, 2002 of $0.05 per pound of material, shall be based on the tare weight assigned the vehicle or trailer at the time of permitting by the Town of Enfield, as determined by a scale designated by the Town, certified for accuracy by the State of Connecticut.
AMENDMENT #1 by Councilman Edgar, seconded by Councilman Fiore to change the Curbside Residential Bulky figure from $30.00 to $25.00.
Mr. Shanley stated the reason for the increase is to not encourage using curbside collection as an alternative to commercial people rather than bringing it to the landfill. He noted if this is under-priced, that is what people will do.
Councilman Fiore stated his concern that if the fee is raised too high they will deter the aspect mentioned by the Town Manager, however, this may potentially result in extra large items being left in certain areas of Town which means the staff will have to expend their time to pick up those items.
Councilman Strom stated her belief $30.00 is a good bargain.
Councilman Edgar stated his concern they will have illegal dumpings all over Enfield if this fee is raised too high.
Councilman Kaupin questioned whether the current $20.00 is covering the Town's costs for that service. Mr. Shanley stated the costs wouldn't be covered with a $40 or $50 fee either. He added his belief they haven't done a real analysis as to what it really costs to provide this service when the vehicle and labor are included. He noted they are talking strictly disposal fees.
Chairman Vayda noted it's cheaper to put this at the curbside compared to the cost per pound in bringing this to the transfer station. He stated his belief $30 is a good compromise.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #1 defeated 2-8-0 with Councilmen Edgar and Fiore voting in favor of this amendment.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6089 adopted 9-1-0, with Councilman Edgar voting against.
MOTION #6090 by Councilman Strom, seconded by Councilman Hall to remove Item g. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6090 adopted 10-0-0.
RESOLUTION #6091 by Councilman Hall, seconded by Councilman Mangini.
RESOLVED, the Enfield Town Council will hold a Public Hearing in the Enfield Town Hall Council Chambers, 820 Enfield Street, Enfield, Connecticut on Monday, September 16, 2002 at 7:00 p.m. to allow interested citizens an opportunity to express their opinions regarding the PROPOSED ORDINANCE ADDRESSING THE PUBLIC NUISANCE CAUSED BY VICIOUS AND DANGEROUS DOGS IN THE TOWN OF ENFIELD.
Present for this discussion was Chief of Police, Ronald Marcotte. Chief Marcotte stated there are two areas in the ordinance that concern him. One has to do with "Reasonable Enclosure". He feels it should be left up to them as to what they consider a reasonable enclosure because they have the expertise. He noted his second concern relates to the definition of a vicious dog (Item 10a) - specifically the wording in the last sentence, "other than owner's property". He feels this eliminates an owner who has a vicious dog on his own property, and he feels that is wrong because they want reasonable people to be responsible for dogs. He noted if a person wants to have a vicious dog, then that's their responsibility, but they have to be reasonable, and this ordinance is not made for people that are reasonable, but made for people who are unreasonable, i.e., people who will not take care of a vicious dog on their properties, therefore, they need to have something in the rules to prevent unreasonable people from having vicious dogs without proper procedures in place. He pointed out the job of this ordinance is to prevent a vicious dog from hurting a child, an adult, or another animal. He recommended eliminating the wording "other than owner's property", and allow the experts to make a decision. He pointed out there is an appeals board whereby an individual can go before that appeals board if they feel the decision is wrong or improper.
Councilman Strom agreed with Chief Marcotte. She requested clarification as to what Chief Marcotte did not like about the paragraph concerning "Reasonable Enclosure". Chief Marcotte explained basically this has to do with electric fencing. He stated his belief a truly vicious dog might not be stopped by electric fencing. He noted this type of fencing might not always be operating properly. He feels the experts should be able to determine what is a reasonable enclosure.
Mr. Shanley stated "reasonable" and "secure" are two different issues. He noted this is intended to be a defense to be able to present in court if a dog has been determined to be vicious. He noted once a dog is determined to be vicious under this proposed ordinance, it must be penned. He questioned if it might be necessary to have an interim designation. Referring to Item 10a., Councilman Mangini questioned how this applies to a dog protecting its owner's property. Chief Marcotte stated that would be up to his department to make that determination.
Mr. Shanley suggested looking at an interim designation that would allow some flexibility to work with the "Reasonable Enclosure" area prior to requiring a dog to be penned. He added they can come back with some new language.
Councilman Mangini questioned if the Town has the right to require a homeowner to build a fence that the dog's paws and face can't reach over. Attorney Bromson stated this relates to a vicious dog. He referred to the idea of an interim designation where there is observable conduct that's threatening in nature to people.
Councilman Kaupin questioned whether they can bypass an interim designation. Attorney Bromson responded yes.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6091 adopted 10-0-0.
MOTION #6092 by Councilman Fiore, seconded by Councilman Kaupin to table the resolution "Accepting the Proposed ordinance Addressing the Public Nuisance Caused by Vicious and Dangerous Dogs in the Town of Enfield".
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6092 adopted 10-0-0.
Item h. remained tabled.
MOTION #6093 by Councilman Fiore, seconded by Councilman Jones to remove Item i. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6093 adopted 10-0-0.
DISCUSSION RE: ALARM ORDINANCE
Councilman Fiore stated he would like to see this item discussed further at the next Council meeting so that they can move forward.
MOTION #6094 by Councilman Fiore, seconded by Councilman Tait to retable this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6094 adopted 10-0-0.
Items j. and k. remained tabled.
NEW BUSINESS
RESOLUTION #6095 by Councilman Egan, seconded by Councilman Tait.
WHEREAS, the Fair Rent Commission has reviewed their enabling ordinance and recommended changes to improve administration; and
WHEREAS, the Town Council has conducted a Public Hearing regarding the recommended changes and concurs with the recommendations of the Committee;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield hereby amends the Fair Rent Commission ordinance as attached hereto.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6095 adopted 8-0-0, with Councilmen Mangini and Strom absent at the vote.
MOTION #6096 by Councilman Kaupin, seconded by Councilman Fiore to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6096 adopted 10-0-0.
Discussion re: A resolution re: Appropriating $9,950.000 for Improvements to and/or New Construction of Athletic and Recreation Facilities
Councilman Fiore questioned if there is direction in this document for the Finance Director to be able to recall, reissue, or refinance bonds. Mr. Shanley stated his belief that does not have to be stated.
Councilman Fiore questioned why they did not do a "not to exceed" for each individual project. Mr. Shanley stated his belief that could be done, but that may be creating a legal restriction that might be regretted.
Councilman Fiore questioned whether past conversations and what was presented to the public up until this point as concerns the cost estimates for these individual projects would be the guideline for these projects. Mr. Shanley responded yes.
Councilman Fiore questioned whether it's perceived that they would need to have an additional building committee put together to manage these projects. Mr. Shanley responded no, it simply empowers the Council to do that if they wished to. He added the Council can appoint itself or staff in this capacity.
Mr. Shanley noted the Council might wish to add $40,000 to this number in order to accommodate a well at Enfield High School.
Councilman Fiore stated he does not want to do anything to raise the cost of this referendum. He noted if there are savings from these projects, then he has no problem installing the wells. He stated he'd rather put wells on the back burner at this time.
RESOLUTION #6097 by Councilman Hall, seconded by Councilman Jones.
Vote on Resolution re: Appropriating $9,950,000 for Improvements to and/or New Construction of Athletic and Recreation Facilities
(copy appended)
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6097 adopted 10-0-0.
MOTION #6098 by Councilman Kaupin, seconded by Councilman Mangini to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6098 adopted 10-0-0.
RESOLUTION #6099 by Councilman Mangini, seconded by Councilman Strom.
Resolution re: Submitting to Referendum the Appropriation and Bonding Resolution for Improvements to and/or New Construction of Athletic and Recreation Facilities, as approved by the Town Council
(Copy appended)
Mr. Shanley stated the only change is that they identified the question as Question #2, rather than Question #1 because the redistricting question will be Question #1.
As concerns whether this should be one or more questions, Councilman Kaupin stated this is a bundled package and these are the items people felt were the most pressing recreation needs in Enfield. He stated his belief this should be one question. He noted it addresses what are the most pressing needs. He noted if it fails, they go back to the drawing board. He stated it's the job of the Council to decide the best package to put before the voters.
Councilman Mangini agreed with Councilman Kaupin.
Councilman Egan stated her belief this should be more than one question because the public does not see $9.5 million as a reasonable amount. She added if the whole package fails, they are back to square one.
Councilman Tait stated his belief this should be more than one question. He noted they should give the voters the opportunity to choose how they wish to spend their money.
Councilman Strom voiced her support of one question. She stated her belief multiple questions divide the public.
Councilman Fiore stated he's optimistic this will pass. He noted with 15-year bonding, this is less than one-half mill.
Chairman Vayda stated his opinion this should be one question. He went on to state his belief they need to do this in a way that is appropriate for the community.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6099 adopted 8-2-0, with Councilmen Egan and Tait voting against the resolution.
MOTION #6100 by Councilman Fiore, seconded by Councilman Mangini to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6100 adopted 10-0-0.
RESOLUTION #6101 by Councilman Fiore, seconded by Councilman Mangini.
A Resolution re: Authorizing the Town to Prepare and Print an Explanatory Text of the Referendum Question
(Copy appended)
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6101 adopted 10-0-0.
MOTION #6102 by Councilman Fiore, seconded by Councilman Tait to waive the reading of the Resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6102 adopted 10-0-0.
RESOLUTION #6103 by Councilman Fiore, seconded by Councilman Tait.
Resolution re: Authorizing Redistricting Question and Resolution to Prepare and Print Explanatory Text
(Copy appended)
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6103 adopted 10-0-0.
MOTION #6104 by Councilman Hall, seconded by Councilman Jones to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6104 adopted 10-0-0.
RESOLUTION #6105 by Councilman Mangini, seconded by Councilman Strom.
Resolution re: Preparation and printing of explanatory text re: Council Districts
(Copy appended)
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6105 adopted 10-0-0.
ITEMS FOR DISCUSSION
Appointments to the Board of Assessment Appeals and Human Services Advisory Commission will appear under New Business on the next Regular Meeting agenda.
MOTION #6106 by Councilman Kaupin, seconded by Councilman Mangini to suspend the rules to address Items d., e., f., and g., under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6106 adopted 10-0-0.
It was the consensus of the Council to address Item c. on the next agenda. (Discussion re: Acceptance of Open Space/Conservation Easement Subdivision)
RESOLUTION #6107 by Councilman Strom, seconded by Councilman Edgar.
WHEREAS, the Enfield High School Building Committee, as charged by the Enfield Town Council, has completed the review process for architectural/engineering services for the expansion of Enfield High School; and
WHEREAS, the Committee has recommended Lawrence Associates of Manchester, Connecticut;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield hereby accepts the recommendation of the Enfield High School Building Committee pending successful final negotiations and approval of the contract by the Town Attorney's Office.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6107 adopted 10-0-0.
RESOLUTION #6108 by Councilman Kaupin, seconded by Councilman Tait.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO : Town Council $12,000.00
Acct. #1100-335
Land & Building
FROM: Acct. #8030-840 $12,000.00
Contingency
CERTIFICATION
I hereby certify the amount of $12,000.00 is available from Account #8030-840 as of August 22, 2002.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6108 adopted 10-0-0.
MOTION #6109 by Councilman Fiore, seconded by Councilman Egan to waive the reading.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6109 adopted 10-0-0.
RESOLUTION #6110 by Councilman Mangini, seconded by Councilman Tait.
A Resolution re: Standby Generators
(Copy appended)
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6110 adopted 10-0-0.
RESOLUTION #6111 by Councilman Kaupin, seconded by Councilman Egan.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Social Services-Dial-A-Ride $2,220.00
Acct. #4120-0110 Salaries Full Time
FROM: Social Services-Dial-A-Ride $2,220.00
Acct. #4120-432 Equipment Repair
CERTIFICATION
I hereby certify the amount of $2,220.00 is available from Account #4120-432 as of August 13, 2002.
/s/ Gregory Simmons, Director of Finance
Councilman Fiore questioned if this is for Fiscal Year 2002, and Mr. Shanley responded this is a close-out for the previous fiscal year.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6111 adopted 10-0-0.
RESOLUTION #6112 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 : Employee Benefits $1,646.00
Acct. #8020-160 Stipends
FROM: Employee Benefits $1,646.00
Acct. #8020-210
Medical/Dental
CERTIFICATION
I hereby certify the amount of $1,646.00 is available from Account #8020-210 as of June 30, 2002.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6112 adopted 10-0-0.
COUNCILMEN COMMUNICATIONS
No one wished to speak.
ADJOURNMENT
MOTION #6113 by Councilman Tait, seconded by Councilman Mangini to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6113 adopted 10-0-0, and the meeting stood adjourned at 10:55 p.m.
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