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ENFIELD TOWN COUNCIL
Acting in its official capacity as
FLOOD & EROSION CONTROL BOARD
MARCH 14, 2002
A meeting of the Enfield Town Council, acting in its capacity as Flood & Erosion Control Board, was held in the Council Chambers of the Enfield Town Hall on Thursday, March 14, 2002. The meeting was called to order by Chairman Vayda at 6:30 p.m.
ROLL-CALL Present were Directors Edgar, Hall, Mangini, Strom, Tait, Tallarita and Vayda. Directors Egan, Falk, Fiore and Kaupin were absent. Also present were Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne F. Olechnicki; Director of Public Works, John Kazmarski
APPROVAL OF MINUTES
MOTION #004 by Director Tait, seconded by Director Strom to accept the minutes of the November 14, 1994 meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #004 adopted 6-0-1, with Director Edgar abstaining.
DISCUSSION RE: SUSAN CIRCLE
Mr. Kazmarski stated the Council has a resolution before them should they wish to take action this evening. He noted he also distributed a memorandum addressed to the Town Manager which deals with a tentative schedule for following through on this whole process and when construction might start. He stated the information in this memo was obtained from DEP very recently. He noted he spoke with DEP again today to clarify some things. He explained theres a three-month window from the time the Flood & Erosion Control Board takes action to when the construction can really start. As concerns trying to make the April 26th Bond Commission agenda, the DEP indicated as far as theyre concerned the agenda was full. They also said if the Town wanted to attempt getting on that agenda, they would really have to scramble and everything should have been submitted to them earlier this week and that includes what action might be taken on the resolution tonight, updated cost estimates, etc. He referred to the statement in the memo, the schedule is predicated upon the execution of all necessary easements or agreements with the effected property owners. He stated it may appear theres some slack in this schedule, however, there isnt too much slack due to the fact that DEP is overloaded with a lot of work. He noted DEP said it would probably be best to target the May 31st Bonding Commission meeting. He stated DEP also said the Bonding Commission usually does not really want to know about anything until about two weeks before the scheduled meeting date. He noted DEP can make recommendations for items on the agenda, however, its the Secretary of the Office of Policy & Management and the Governors Office that determines what will go on the agenda. He stated they may or
may not agree to have this on the May 31st agenda. He noted that is something that is totally out of staffs hands and it was suggested the Town Council may wish to look at this and see about getting it on the appropriate agenda.
Mr. Kazmarski referred to the second to the last item on the schedule Signed contract between the Town and DEP approved by the Attorney General and forwarded to the Town. He pointed out that assumes that can happen in a two-week time frame. He stated DEP has indicated theyve come close to that on some occasions, but the Town shouldnt absolutely rely on that happening within two weeks. He stated if everything falls into place, they can begin construction July 1st. He noted they have to advertise this prior to the Bonding Commission meeting in order to give them a firm price, and they strongly recommend that they include contract administration, construction inspection and approximately a 10% contingency.
RESOLUTION #005 by Director Edgar, seconded by Director Strom.
WHEREAS, the Town of Enfield Town Council wishes to address a serious erosion problem in the Scantic River Watershed neighborhood known as Buckhorn; and
WHEREAS, the Council is meeting as the Flood and Erosion Control Board (FECB) pursuant to Connecticut General Statutes Section 25-89 through 25-98; and
WHEREAS, the Flood and Erosion Control Board wishes to specifically address a serious problem at 5 Susan Circle, owners John G. and Mary V. Weigel, and 7 Susan Circle, owners Riccardo J. and Tracy A. Boggio, respectively;
NOW, THEREFORE, BE IT RESOLVED,
A. The Flood and Erosion Control Board hereby accepts the design for the improvements as presented on March 14, 2002; and
B. The FECB authorizes application to the State Department of Environmental Protection for 33-1/3% of the cost, the Council having committed to 66-2/3% at its meeting of March 4, 2002; and
C. That the property owners agree to first execute, consistent with the Town Attorneys requirements:
1. Proper easement documents
2. Appropriate Indemnification and Hold Harmless Agreement
3. Restrictive covenants, easements or other documents as required by the plan; and
D. It is the responsibility of the property owners, their assigns and heirs, of 5 and 7 Susan Circle to maintain the improvements in perpetuity.
Director Tait stated the schedule sounds tentative and he questioned if this is the best they can do in terms of nailing down dates. Mr. Kazmarski pointed out theres the possibility that the schedule might get compressed a little if things fall in order.
Director Strom questioned if the Flood & Erosion Control Board passes this tonight, is there any way they can get it on the next agenda of the Bonding Commission. She pointed out in the past theyve asked their legislators to get items on the Bonding Commission agenda sooner.
Mr. Kazmarski stated if they are to pursue this for the April 26th Bonding Commission agenda, they will need to have bid results two weeks in advance of that meeting (April 12th).
Director Strom stated her impression theres no reason why this cant go out to bid at this point in time to have everything ready. She stated her belief the sooner this is done, the better. Mr. Kazmarski agreed. He noted they would probably have to get this out to bid within a week or so. Director Strom questioned if thats doable, and Mr. Kazmarski stated he believes so.
Director Tallarita noted one of the things the Council was attempting to do was to get Senator Kissel to put forth some type of position with the state to pass some type of resolution or legislation to have the state pay for this entirely. He questioned how that would effect the schedule if that was to go forward. Mr. Kazmarski stated it might be a little awkward going to the Bonding Commission through DEP for funding and it might be more appropriate to make one request at a time. He added he does not know exactly what the timing would be with Senator Kissels office and if and when the legislature would act on this. Director Strom stated at the last meeting they discussed this and they would have to wait to the very end of the legislative session which would result in missing this construction season completely before getting on the Bonding Commission agenda.
Chairman Vayda stated he called Senator Kissels office late last week for an update, and he knows they were researching this.
Director Hall questioned if they had any feedback from the Boggio family as to how they feel about this. Mr. Kazmarski stated they did sign off on the wetlands application for the projects, therefore, they were aware of what was going on. He noted Ms. Weigel informed him she had spoken with the Boggios and indicated everything was okay. He stated the Town Engineer spoke with the Boggios and made them aware of this meeting tonight. Director Hall questioned if the Boggios understood that easements are needed, and Mr. Kazmarski stated thats what the Town Engineer indicated that he conveyed to them.
Director Edgar stated his belief the residents would want their attorney to look at documents before they sign off. He noted they should have those documents signed off before Mr. Kazmarski goes forward. Mr. Kazmarski stated his belief the easements would be presented to the property owners for their review and if they wished they could have their attorneys look at this. He added if theres any reluctance by the residents to sign off on these documents, the schedule could slip a little, however, there is a little flexibility in the schedule.
MOTION #006 by Director Edgar, seconded by Strom to allow the public to speak at this point. The vote was unanimous.
John and Mary Weigel and Riccardo Boggio were present for this discussion.
Ms. Weigel stated she called DEP every single week and DEP knew of the importance of moving this along, however, it seems every other project would take precedence over this. She feels its disheartening to hear its possible they would have to wait until May 31st to get on the agenda and looking at construction for July 1st. She stated her belief this can get onto the April 26th Bonding Commission agenda. She noted the Town Council has to vote this coming Monday night. She added they would like to have their attorneys read any documents before they sign them. She stated her understanding the special act could take a year or more, but it can still eventually go through and theres no reason to have to wait for that to happen.
Director Strom stated her belief they wont be starting until May, even if they do get on the April 26th Bonding Commission agenda. She pointed out they would then need to get the signed contract back from DEP with a sign off from the Attorney General. She noted that time period is estimated at two weeks.
Mr. Boggio stated the only real contact he has had, or paperwork that hes had to sign had to do with an easement for the boring holes to be drilled in his backyard. He added he did not see those reports. He stated he would like to take those reports, as well as the reports he received on Tuesday, to an independent engineer to see what he thinks. Chairman Vayda stated staff can provide Mr. Boggio with information. Mr. Weigel stated they have all the information Mr. Boggio is seeking and they can provide that. Director Mangini stated her belief the Town Managers office and Mr. Kazmarski need to supply Mr. Boggio with whatever information hes seeking. She added Mr. Boggio should be provided documents back to the onset of this whole situation.
Director Edgar requested Mr. Kazmarski copy the files, specifications, plans, and all documents and forward them to Mr. Boggio tomorrow if possible.
Ms. Weigel questioned when the Town Attorney will put together the documents which need to be signed by the residents. Chairman Vayda stated the documents that need to be signed by the residents will not hold up the Bonding Commission. Director Edgar stated his impression Step 1 is the vote by the Flood & Erosion Control Board; Step 2 is that this goes before the Town Council; Step 3 would be the Town Attorney preparing those documents that need to be signed by the residents.
MOTION #006 by Director Strom, seconded by Director Mangini to move the question.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #006 adopted 7-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #005
adopted 7-0-0.
ADJOURNMENT
MOTION #007 by Director Edgar, seconded by Director Tallarita to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #007 adopted 7-0-0, and the meeting stood adjourned at 7:20 p.m.
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