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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
AUGUST 5, 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 5, 2002 at 7:37 p.m.
PRAYER - The Prayer was given by Councilman Mangini.
PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was said.
ROLL-CALL - Present were Councilmen Edgar, Egan, Fiore, Hall, Kaupin, Mangini, Strom, and Vayda. Councilman Tait entered the meeting at 7:38 p.m. Councilman Tallarita was absent. Also present were Town Manager, Scott A. Shanley; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne F. Olechnicki; Assistant Town Attorney, Maria Stavropoulos; Director of Public Works, John Kazmarski; Deputy Director of Public Works, Geoffrey McAlmond; Director of Finance, Gregory Simmons; Director of Libraries, Henry Dutcher.
MINUTES OF PRECEDING MEETINGS
MOTION #6058 by Councilman Strom, seconded by Councilman Egan to accept the minutes of the July 15, 2002 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6058 adopted 9-0-0.
MOTION #6059 by Councilman Kaupin, seconded by Councilman Mangini to accept the minutes of the July 15, 2002 Regular Meeting.
Referring to Page 16, fourth paragraph, Councilman Fiore noted Mr. McAlmond's statement should be further clarified as follows: "Mr. McAlmond stated the DEP permit requires charging an annual fee".
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6059 adopted 9-0-0.
PUBLIC COMMUNICATIONS AND PETITIONS
Barbara Provencher, 7 Cook Avenue
Spoke at length about the need to pave the following streets - Cook Avenue, Nonotuck Avenue, and Massasoit Avenue. She pointed out these streets were supposed to be paved in the first phase of construction in that area. She shared a history of this area and produced photographs she took of the trouble spots. Ms. Provencher submitted all of her notes and photographs to the Town Clerk and Town Manager.
Armand Cassarella, 74 Highland Park
Agreed with the previous speaker regarding Cook, Nonotuck and Massasoit Avenues and noted those roads could have been paved when Highland Park was done.
COUNCILMEN COMMUNICATIONS & PETITIONS
Councilman Fiore noted he is not Ms. Provencher's Councilman; however, he can discuss her concerns with Councilman Edgar, who is Ms. Provencher's district council person.
Councilman Fiore stated he would be interested in the status on the scoping meeting with the Department of Corrections.
Councilman Fiore questioned when the St. James Avenue will be swept clean. He noted the sawdust and sand left behind after the tarring of road cracks is creating hazardous driving conditions, as well as being tracked into people's homes. He pointed out this same technique was used on Ridge Road east with the same effect.
Councilman Mangini commended Mr. Vindigni for responding to the Homeland Security Survey.
Councilman Mangini stated she would like to address the matter of 100-year businesses in the fall season.
Councilman Tait stated his belief Donna and Missile Streets are in very poor shape. He noted he would like a status report on the Road 2000 Program.
Councilman Tait expressed his appreciation to Town staff for fixing the sprinkler on the Town Green so that they were able to remove the cover from the World War II Memorial model.
Councilman Kaupin stated he received an e-mail from Chris Weiss from the volleyball league. He noted he received two additional phone calls regarding the adult volleyball league in Enfield. He stated on an upcoming agenda he would like to have a discussion on the residency requirement for some of the athletic leagues. He explained the Enfield volleyball league formed teams, but with the new residency requirements, they went from 12 teams to 4 teams. He stated his belief they should re-address this issue to see if there's anything they can do in a situation such as this.
Councilman Kaupin stated the Enfield Ramblers are inviting the Council to their official field opening at JFK on Saturday.
Councilman Kaupin stated he received a call today from Gretchen Pfeifer-Hall regarding a trip to Brandywine Valley, Delaware. He noted one of the places they'll be visiting is the Hagley Mill, which is the birth site of the Dupont Company. He explained the Hazardville Powder Company was owned by Dupont. He stated the Conservancy Group is trying to get a busload of people for this trip, which is a three-day excursion to Pennsylvania and Delaware. He pointed out the public is invited.
MOTION #6060 by Councilman Egan, seconded by Councilman Strom to move Item h. under Old Business to Item 9 a.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6060 adopted 9-0-0.
Councilman Egan suggested a discussion item on a fall agenda regarding recognition of people who serve on commissions.
Councilman Hall stated the Enfield Ramblers are very grateful to the Town and Board of Education for the JFK field.
Councilman Hall stated the presidential section has some bad sections of roads. She noted she received two phone calls questioning when Monroe Road and Kennedy Road would be done.
Councilman Hall thanked Mr. Vindigni for all his work on the EMS Plan that went into the State. She noted the Town of Enfield was one of the towns that submitted their plan on time. She added her understanding Enfield's plan is one of the model plans for the rest of the state.
Councilman Edgar stated he would like a full report as to why the three streets mentioned by Ms. Provencher were skipped. He added downtown Thompsonville is also in bad shape.
Councilman Edgar suggested the corner of Prospect and Asnuntuck Streets as a possible location for a skateboard park in Thompsonville.
Councilman Kaupin stated at the last meeting the Town Council discussed the proposed change to the inoperable motor vehicle ordinance, and the Council voted unanimously to have no changes. He questioned if the Town is now going to go back and start to enforce the infractions that were on hold because they were waiting for changes. Mr. Shanley stated the intent of the Council is very clear, and he will check into Councilman Kaupin's question.
Referring to Councilman Edgar's suggestion regarding a skateboard park in Thompsonville, Councilman Strom stated her understanding Mary Keller and Recreation staff were asked to examine several different areas in Thompsonville to make a determination as to what would be the best spot.
Chairman Vayda stated everyone has certain areas in town that need to be addressed. He noted it was known when the referendum was done that they would not be able to do all the streets in Enfield because it would be extremely costly. He pointed out the idea was to evaluate the appropriate level of roads that they wanted in town. He noted there was a road index that was done to measure the quality of the roads, and they identified what that target range was, and they then set the referendum. He stated from that point, the plan was to continue work and maintain those streets on an on-going basis. He pointed out they have a maintenance program in place. He stated they put money into the capital budget so that they can continue to maintain the roads. He concluded stating the Town Manager will provide a status report on the Road 2000 program in September.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Shanley spoke about roads that were addressed because they were in terrible condition. He acknowledged the fact that for many years they didn't do a good job maintaining the roads. He stated the roads that Ms. Provencher referred to will probably have to be completely redone. He noted he will check the road list to see the status of these roads. He stated the Town has made enormous progress, and he's very proud of the work that's been done through the Road 2000 program. He stated his impression it has been organized and methodical. He acknowledged there still remains significant problems, and they'll continue to take care of them for another couple years. He noted they will then have to face the situation of what else needs to be addressed and what it will take to address those issues. He pointed out the $15 million dollars for the Road 2000 program is not enough to do all of the 184 miles of road in Enfield. He stated he will ask the Town's Road 2000 Coordinator, Mr. McKee, to contact Ms. Provencher.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Stavropoulos indicated she has no formal report this evening.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Edgar stated the Enfield High Library Committee is an excellent committee with an excellent chairman. He noted they've narrowed the list for engineering firms from 14 to 6, and they're now in the process of refining the six remaining firms. He stated the process is going along nicely and they're on schedule.
Councilman Mangini spoke about the Loan Review Committee and commended Laura Watson McMenamin, the Director of Community Development for all her hard work. She noted Ms. Watson McMenamin is trying to put together a seminar for the Council regarding lead abatement. She pointed out the lead abatement program is important as concerns the loans that the Town extends to people in need.
RESOLUTION #6061 by Councilman Mangini, seconded by Councilman Tait.
WHEREAS, the Town Council of the Town of Enfield has been presented with a number of incidents of attacks by dogs on people and/or other animals recently; and
WHEREAS, the Town Council of the Town of Enfield wishes to enact an Ordinance which would allow for prevention of attacks rather than action following an attack; and
WHEREAS, the Council has considered and brought to Public Hearing an Ordinance which would allow the Animal Control Officer to deal more effectively with dogs determined to be "vicious" in advance of an attack;
NOW, THEREFORE BE IT RESOLVED, the Town Council of the Town of Enfield hereby approves an Ordinance relating to vicious dogs as attached hereto.
Councilman Edgar questioned whether this has been reviewed by the Town Attorney's office. Mr. Shanley responded yes.
Councilman Edgar referred to "Appeal Procedure" on the fourth page and questioned whether the "name of agency" has to be filled. He went on to state he's unsure this ordinance is refined enough.
Councilman Edgar stated as concerns decision-making, perhaps they should have a panel of three rather than a sole individual, i.e., the dog warden and two members of the Department of Public Safety.
Chairman Vayda agreed with Councilman Edgar in that they should fill in the "name of agency" in the "Appeal Procedure" section. He requested each Councilman indicate how they would like this filled in.
Councilman Mangini agreed with Councilman Edgar regarding a three-person panel, however, she would not want to see three persons from Public Safety, but rather a mixture of members. Mr. Shanley stated his belief Councilman Edgar was referring to the initial judgment regarding viciousness. He noted this is distinct and separate from an appeals body. Councilman Mangini noted she was referring to an appeals body.
Councilman Mangini stated she's confused since there's no mention about a leash law within this ordinance. Mr. Shanley stated that was not the direction of the Council. He noted if the Council wishes staff to draft a leash law, that can be done. Councilman Mangini noted a leash law might address the concerns of runners and people walking their own dogs on a leash and are approached by other dogs that may or may not be friendly.
Councilman Mangini stated her belief the language in Section 9 a. needs to be more specific.
Attorney Stavropoulos stated when this task was given to the Town Attorney's Office, they contacted CCM and they had a number of samples for towns that passed these kinds of ordinances.
Councilman Fiore voiced his support of this ordinance. He added his belief they need a leash law. He stated he sees this as an attempt to protect people.
Councilman Tait agreed with Councilman Fiore and stated he's amazed Enfield doesn't have a leash law; however, he feels the leash law should be addressed as a separate issue. He stated he supports the language of the ordinance. He stated the Enfield Dog Warden has served the town a long time and has a lot of credentials.
Councilman Hall stated she's in favor of this ordinance, and she feels it's long overdue. She agreed with the idea of three people on the appeal procedure board appointed by the Town Council. She stated her belief at least one of those people should come from Public Safety because they need that expertise. She added her belief the ordinance is well-written and the Animal Control Officer and Town Attorney's Office did a great job.
Councilman Egan stated she feels confident that everything is in order with this ordinance. She stated her belief a lot of work went into this, and she has faith in the Animal Control Officer who she believes has been doing an excellent job for many years. She added her belief the Animal Control Officer should be the person making the determination.
Councilman Kaupin stated his belief the Animal Control Officer should be the person making the initial decision. He voiced his agreement that the appeals board could be appointed by the Town Council. He referred to the section "Confinement of a Vicious Dog" and questioned what the cost per day would be if there's a violation. He stated his belief it should be a substantial amount of money to make it serious to the owner to comply. He added his belief that under Items 3 through 7, there has to be a reaction if the owner doesn't comply. He concluded stating this is a good first draft.
Councilman Edgar stated the dog pound currently has a fee. He went on to question if this language has been tested, and whether there's case law relating to this. Attorney Stavropoulos stated there isn't anything in the way of Connecticut case law. She noted CCM and some of the local ordinances seem to have drawn from some of the cases that have had some national attention.
Councilman Fiore questioned if a Town employee can be sued. Attorney Stavropoulos responded yes, however, if a person were doing their job and they were sued, they would be protected.
Councilman Fiore stated he has no problem with allowing just the Animal Control Officer to make an initial determination.
Councilman Fiore questioned if the current pound fee could be the same amount in this ordinance as concerns the violation fee.
Councilman Tait stated his belief it should be a punitive fee and higher than the pound fee.
Chairman Vayda suggested the Chief of Police submit a recommendation concerning the violation fee and whether they're being punitive before there's an opportunity for review.
Councilman Fiore stated his belief the Council should be set in their mind about what they want to do about the appeal board before the next Council meeting. Mr. Shanley stated his impression it could be the Town Council or its designee.
It was agreed the Council would vote on the ordinance in October so as to provide time to have everything in place.
Chairman Vayda stated he likes the ordinance and feels it's well crafted. He added the intent of this ordinance should be made clear, i.e., the owners take responsibility for the control of their dog. He agreed they should clarify "secure enclosure" for the dog. He noted he would like to hear from the Animal Control Officer and Chief of Police regarding this.
Chairman Vayda stated his impression that it's the direction of the Council that they wish to appoint a Committee.
Councilman Strom stated her belief this is an ordinance that Enfield definitely needs. She emphasized that when the Animal Control Officer is going to be making a determination regarding a vicious dog, the dog is truly vicious and not a dog that barks along the fence or barks when someone comes to the door.
Councilman Mangini stated there is a difference between territorial and viciousness.
Councilman Tait suggested adding some wording to Section 9 a. - "Vicious Dog" as follows:
"Any dog that approaches any person in an aggressive, menacing or terrorizing manner or in an apparent attitude of attack upon any public ways, including streets and sidewalks, or any public or private property other than the owner; or"
Councilman Strom stated the procedure for determining a dog is vicious contains very clear cut criteria for the Animal Control Officer. She added the appeals board would also be looking at this criteria.
MOTION #6062 by Councilman Strom, seconded by Councilman Tait to table this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6062 adopted 9-0-0.
OLD BUSINESS
All appointments remained tabled.
MOTION #6063 by Councilman Fiore, seconded by Councilman Strom to remove Item c. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6063 adopted 9-0-0.
DISCUSSION RE: CAMP, DRESSER & MCKEE RECREATIONAL STUDY
Councilman Fiore stated he's interested in the potential of finding a location for a skateboard park in Thompsonville.
Mr. Shanley stated Mr. Vindigni prepared some of the outstanding items that staff needs direction on so that they can come up with some final numbers for the proposed referendum question. He noted the Council has a listing of the details on Brainerd Park which was presented to the Council in a range of between $660,000 and up to $3.4 million dollars.
Councilman Fiore stated he would like to go forward with this referendum. He stated his belief they should bond for 15 years instead of 10 years so that the impact from year to year will be less. He noted he would like some type of State response prior to the referendum to learn if some of that money is reimbursable. He stated he prefers Alternative B for Brainerd Park. He added he would like to see the referendum stay below $10 million dollars. He concluded stating he questions some of the contingencies, but will leave that up to staff to determine.
Councilman Kaupin stated he likes Alternative B for Brainerd Park. He referred to the Project Cost Summary sheet and Items 8 through 16 and questioned what items are part of Plan B. Councilman Fiore stated that is part of the whole plan, other than "New Softball Field II".
Councilman Tait pointed out Enfield already has nice tennis courts available and noted $202,000 could be saved by leaving out the tennis courts in Plan B.
Councilman Hall stated she likes Plan B and agrees with Councilman Tait regarding the tennis courts.
Councilman Fiore pointed out there are no tennis courts in that end of Town. He stated he likes the idea of the tennis courts and basketball courts. He suggested staff make a recommendation about reducing the number of those courts to reduce costs.
Councilman Mangini stated in the past they discussed the idea of Brainerd Park being able to accommodate handicapped people. Mr. Vindigni stated the bank ball court and the Tot Lot are accessible by wheelchair.
Councilman Mangini questioned if the Town will be applying for funding from the State or Federal government. Mr. Vindigni stated there is no funding available for that particular program. He noted the boundless playground grant that was discussed was for design purposes only. He explained they did not pursue the grant because when they engage a firm to buy the playscape equipment, the design is included.
Mr. Shanley stated they should be sure that the language of the referendum is clear in that they can utilize grants if they can get ADA funding from the State, however, since this information came about late and it seems very nebulous, he feels it would be disingenuous for the Town to plan on it or suggest to anyone that they can plan on it. He stated they should assume they are paying for this.
Councilman Strom stated most people who use tennis courts drive to them. She noted she would not like to see any cutback on basketball courts.
Chairman Vayda stated he prefers Alternative B. He noted even if they can't include all the amenities at this time, accommodation for those amenities should remain in the plan should they wish to include them at some future date.
Mr. Shanley referred to the memorandum from Mr. Vindigni regarding Green Manor Pool and questions as to what is and is not included. He noted the direction from the Council before was to have a new playscape at the front of the park, which adds $30,000 to the plan with a total of $1,675,235.
Councilman Kaupin stated at the Public Hearing, Connie Boyajian spoke about the crossing at Terry Brook and the general cleanup of that area. He noted if they're going to do this work, what plans would be done for the general area. Mr. Shanley stated this wouldn't be in the referendum, but certainly in the implementation stage. He noted if they were to make this kind of investment, they'd want everything to look right.
Referring to the Shaker Soccer Complex, Councilman Egan questioned whether the final cost estimates take into consideration the fact that Inlands/Wetlands rejected the plan for the walk path that was originally put in the plan. Mr. Vindigni stated the cost estimate reflects the approved site plan.
Councilman Fiore questioned whether the DPW staff got involved at all in taking a look at the preliminary plans on some of the larger projects to see if any of the pre-site work could be done by in-house staff which would then reduce some of the overall referendum costs. Mr. Shanley stated the intent is not to have Town staff doing the work, but rather it's intended to have contractors doing the work. He stated they could reduce direct dollar outlay for projects, but they would lose productivity in other areas.
Councilman Hall stated she would be in favor of the lights for the Thompsonville Little League and Enfield Little League; however, she would not be in favor of lights for the 300-foot field for $179,000.
Councilman Tait agreed adding his belief they need to maintain parity.
It was agreed to eliminate the 300-foot field lights.
Councilman Egan voiced her concern about the cost for this referendum and questioned whether there's any support for having separate questions rather than one referendum item.
Councilman Tait agreed with Councilman Egan. He stated his belief voters should be able to determine how much of their money they want to spend and on what they want to spend it.
Councilman Fiore stated his belief there's a purpose for this total package. He noted each one of these projects has been well thought out and planned. He explained his concern in splitting this into separate questions might cause the competing groups to be competing against each other instead of working together as one joint team to get this referendum passed for the betterment of the whole community. He stated his belief it's very important that they keep this together as one referendum question voted on as a whole.
Councilman Mangini agreed with Councilman Fiore.
Councilman Strom stated her belief the Council needs to work very hard to keep costs under control. She stated her belief these questions shouldn't be separated.
Councilman Tait suggested two questions - repair and replace existing items, i.e., pool and athletic fields and anything new.
Councilman Egan stated her perception some of these items could pass, however, she has sincere doubts it can all pass.
Councilman Kaupin voiced his preference for one question.
Chairman Vayda stated he prefers one question.
Mr. Shanley stated his belief this completes the role of the CDM study.
Councilman Hall stated she would like to see a future item regarding a skateboard park in Thompsonville. Chairman Vayda stated he doesn't see a problem with that.
Chairman Vayda stated the Council should have at least one informational session with the Board of Education in attendance as well so they can playback this information for the community. He noted the Councilmen can then present their opinion.
It was agreed to have three informational meetings in September/October.
MOTION #6064 by Councilman Strom, seconded by Councilman Hall to remove Item c. from the agenda.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6064 adopted 9-0-0.
Items d., e., and f. remained tabled.
MOTION #6065 by Councilman Kaupin, seconded by Councilman Mangini to remove Item g. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6065 adopted 9-0-0.
RESOLUTION #6066 by Councilman Kaupin, seconded by Councilman Hall.
RESOLVED, the Enfield Town Council will hold a Public Hearing in the Enfield Town Hall Council Chambers, 820 Enfield Street, Enfield, Connecticut on Monday, August 26, 2002 at 7:15 p.m. to allow interested citizens an opportunity to express their opinions regarding the Proposed Changes to the Bulky Waste Transfer Station Fees of the Town of Enfield.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6066 adopted 8-0-0. Councilman Fiore absent at the vote.
Items i., j., and k. remained tabled.
MOTION #6067 by Councilman Tait, seconded by Councilman Strom to remove Item l. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6067 adopted 9-0-0.
MOTION #6068 by Councilman Tait, seconded by Councilman Hall to remove Item l. from the agenda.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6068 adopted 9-0-0.
NEW BUSINESS
The appointment to the Historic District Commission and Enfield Beautification Committee remained on the agenda.
ITEMS FOR DISCUSSION
MOTION #6069 by Councilman Kaupin, seconded by Councilman Mangini to suspend the rules to address Items a., f., and g. under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6069 adopted 9-0-0.
DISCUSSION RE: SENIOR CENTER BUILDING COMMITTEE QUARTERLY REPORT
Councilman Fiore pointed out this report will be given at the August 26th meeting.
Items c., d., and e., will be addressed at the next Regular Meeting of the council.
DISCUSSION RE: APPOINTMENT OF TOWN COUNCILMAN
Councilman Strom stated her hope the process doesn't overshadow what should be a fairly simple thing. She stated her hope this appointment can take place at the next meeting.
Councilman Hall questioned if they are in violation of the charge if they don't make an appointment within 60 days of resignation. Attorney Stavropoulos stated her belief there may be a legal opinion regarding this and she will look into this.
MISCELLANEOUS
RESOLUTION #6070 by Councilman Kaupin, seconded by Councilman Hall.
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, August 26, 2002 at 7:00 p.m. to allow interested citizens an opportunity to express their opinion regarding AMENDING THE FAIR RENT COMMISSION ORDINANCE.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6070 adopted 9-0-0.
MOTION #6071 by Councilman Tait, seconded by Councilman Strom to waive the reading of Item f.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6071 adopted 9-0-0.
RESOLUTION #6072 by Councilman Strom, seconded by Councilman Mangini.
A Resolution re: Authorization to Acquire 6 Gorman Avenue
Copy appended
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6072 adopted 9-0-0.
MOTION #6073 by Councilman Strom, seconded by Councilman Fiore to waive the reading.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6073 adopted 9-0-0.
RESOLUTION #6074 by Councilman Strom, seconded by Councilman Mangini.
A Resolution re: Certification of Town Manager as
Chief Executive Officer for State Grant
Copy Appended
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6074 adopted 9-0-0.
PUBLIC COMMUNICATIONS
No one wished to speak.
COUNCILMEN COMMUNICATIONS
No one wished to speak.
ADJOURNMENT
MOTION #6075 by Councilman Strom, seconded by Councilman Tait to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6075 adopted 9-0-0, and the meeting stood adjourned at 10:05 p.m.
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