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ENFIELD TOWN COUNCIL
MINUTES OF A WORKSHOP
JANUARY 7, 2006
The Enfield Town Council held a Workshop on Saturday, January 7, 2006 in the Bigelow Commons Conference Room located at Bigelow Commons, Main Street, Enfield, Connecticut. The Workshop was called to order at 9:00 a.m.
ROLL-CALL – Present were Councilmen Edgar, Hilinski, Kaupin, Lee, Maxellon, Nelson, and Ragno Councilmen Crowley entered at 9:40 a.m. and left at 9:50 a.m., Mangini, Peruta and Tallarita were absent. was absent. Also present were Acting Town Manager and Town Attorney, Christopher Bromson; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne Olechnicki; Police Chief, Carl Sferrazza; Director of Public Works, John Kazmarski; Human Resources Director, William Mahoney; EMS Director, Arthur Groux; Assistant Town Attorney, Mark Cerrato.
HUMAN RESOURCES
William Mahoney, Director of Human Resources, provided the Council with an overview of the Human Resources Department.
Mr. Mahoney stated the Personnel Department is divided into four separate sections – Personnel Administrations, Benefits Administrations, Training & AEP and Labor Relations.
Personnel Administration
Mr. Mahoney stated they track every person that applies, gets hired, works in the organization and retires or separates from the organization. To date, they’ve had 1,111 applications for Town of Enfield jobs. This will surpass last year’s record of 1,476 applications. Every applicant has to be notified of their status in the process. There are a variety of tests for applicants. One Human Resources full-time employee is assigned to these tasks.
Mr. Mahoney pointed out they are involved in the hiring of EMS paramedics and EMT’s, which is a multi-test process.
Benefits Administration
Mr. Mahoney stated this section of Human Resources is done by one part-time employee, and she manages all the life insurance benefits, dental, short-term disability, long-term disability, health insurance, and manages loss control to keep workers’ comp costs down.
He noted they do have low workers’ compensation rates because they have Loss Committee Meetings, talk with employees, track how injuries occur, and attempt to alleviate any way employees are getting injured.
Mr. Mahoney stated the cost to insure an individual, single person with dental costs $6,000 per year, and a family plan costs $16,000 per year. He pointed out they’re continually negotiating with Blue Cross to keep those costs down, and they’re continually negotiating with employees to make them pay a share of that. He stated the portion employees pay is in the normal range for the public sector.
Training & EAP
Mr. Mahoney stated Gail Miller handles this section of Human Resources. He noted this dovetails into the Benefits Administration in that Ms. Miller does a lot of the training to be sure employees are not getting hurt on the job, i.e., blood borne pathogen training, hazmat training, work-zone safety, etc. He stated Marvin Serra of the Water Pollution Control division also does training regarding employee safety.
He noted Ms. Miller also does the AEP Program for the Town. He stated the Town of Enfield is a big organization employing about 650 full and part-time employees, and there will be occasions when people are having difficulties, either on the job or off the job. He pointed out Ms. Miller is someone employees can go to, and if it’s a problem that is more than she can handle, she refers it out to be sure the employee is getting the help they need.
Mr. Mahoney stated Ms. Miller is also involved with the Beautification and Conservation Committees.
Labor Relations
Mr. Mahoney stated Labor Relations is primarily his responsibility. He reviewed his duties as follows:
- All the negotiations of the Town
- All the preparations for negotiations
- If there’s a grievance going to arbitration, he prepares the case and represents the Town, writes the brief, reviews the award, makes decisions with the Council and others if they’re going to appeal the award if it goes against the Town
- He prepares for bargaining with the five unions
Mr. Mahoney stated if a contract cannot be successfully negotiated, he will take the case to arbitration for the Town. He noted it took three and a half years for the police contract to get done, which is much longer than normal and involved many more issues than would typically be seen. He stated the Town did very well. He noted out of the 44 issues that went to the arbitrator for a decision, the Town won 35 of the issues. He pointed out this is a lot of work.
As concerns disciplinary action, Mr. Mahoney stated it’s his job to present the case to the Town Attorney and make a recommendation for disciplinary action.
Councilman Hilinski requested Mr. Mahoney explain interest-based bargaining in more detail. Mr. Mahoney explained that instead of adversarial type bargaining, everyone meets to identify several issues they want to work on and they try to find a common ground. He pointed out that in order for this type of bargaining to work, there needs to be a lot of trust. He noted there would be training to do this type of bargaining. He added this type of bargaining could take longer than traditional bargaining.
Councilman Ragno questioned how many workers’ comp claims they had this year, and Mr. Mahoney stated he does not have the exact number, but it’s the lowest it has been in the past six years.
Councilman Lee questioned if the police contract is the next contract up for negotiations, and Mr. Mahoney responded yes, they will start either the end of January or beginning of February.
FOI AND LABOR ISSUES
Present for this discussion was Attorney Gabe Jiran of Shipman & Goodwin.
Attorney Jiran spoke about the collective bargaining process. He noted Connecticut has a specific act known as the Municipal Employees’ Relations Act that dictates how collective bargaining in the public sector proceeds and states the timelines for when everything happens. He noted waivers are frequently granted to waive timelines.
Attorney Jiran stated if there are to be any changes to wages, hours, terms or conditions of employment, the Town has to bargain for those changes. He noted they first have to learn what the contract says under Management Rights, and if it’s not specifically addressed in the collective bargaining agreement, then there is a duty to bargain with the union.
He stated some issues are complex and others are simple, and there will be times they won’t be able to resolve issues. He noted in the beginning any negotiation session has ground rules. He pointed out a global concern is confidentiality in that there is to be no discussion outside of negotiations until the negotiations break down. He stated the union is usually the first to go public, and this could be a tactic used by the union in hopes of getting public support.
Attorney Jiran stated federal mediators tend to be a little more effective than the state mediators. He added they could also bring in a private mediator, but they have to be paid.
He stated if they come to an agreement, the next step is reducing that to writing and it has to be submitted to the Town Council for approval within 14 days, and the Council has to approve the funds necessary to implement the agreement. He pointed out that any provisions within the agreement that conflict with the Town Charter have to be approved. He added if the collective bargaining agreement conflicts with the Town Charter, the collective bargaining agreement would prevail over the Town Charter, but it has to be specifically approved by the Town Council.
Attorney Jiran stated if they are to change anything related to pensions, they have to have an actuarial cost estimate and an actuarial evaluation of what that means, and the Town is obligated by Statute to do that.
He stated if the collective bargaining agreement goes to a vote, it must be approved or rejected as a whole by a majority vote. He noted if there’s no action within 30 days of it being submitted, then it is deemed to be approved.
Attorney Jiran stated the union goes to a ratification vote, and if they fail to ratify, they go back to negotiations. He noted if they can’t agree, the interest arbitration proceeding starts. He explained there are usually three arbitrators – a management arbitrator, a union arbitrator, and a neutral arbitrator. He stated they go through the whole hearing and each side makes a last best offer. He noted when the arbitrator award comes out, it comes to the Town Council, and the Council can approve or reject it. He stated the Council can reject the award within 25 days after receiving the award, and that has to be a two-thirds vote. He noted if this is done, they have to state in writing the reasons for the rejection, and they have to submit it to the state. He noted they need to have a good reason for rejection because it will go to another panel of arbitrators, and they will review the justification for the rejection, and they will decide what to do next. He stated he rarely sees it taken this far.
Mr. Vindigni stated costs are split between the union and the Town. He noted if there’s a rejection, then on the second round the cost is borne entirely by the Town as is any subsequent appeals.
FREEDOM OF INFORMATION ACT
Attorney Bromson stated Enfield has had a lot of experience with Freedom of Information. He noted they’re fortunate in that they deal with these on a weekly basis internally, and they have a good rapport with the Freedom of Information Commission attorneys and their head attorney. He stated they call them for advice regarding meetings and legalities. He noted Enfield has a great reputation for having an open government. Mr. Vindigni stated they frequently get written requests for information, and Council members might get a written request under FOI sent to their home. He advised Council members if this happens, they should forward that correspondence to the Town Manager’s Office as soon as possible because they have a procedure that they follow and work with the Town Attorney’s Office so that they get a response out to the requesting party in compliance with the law.
Attorney Jiran stated he does not recall ever speaking to the Town of Enfield regarding a Freedom of Information issue. He reviewed specific instances that the Council might be involved in. He noted if they’re going to discuss collective bargaining strategy, that is not a meeting. He stated a grievance meeting before arbitration is not a meeting. He noted the State Board of Mediation and Arbitration meetings are not subject to FOI. He stated the arbitration proceedings are exempt. Interest arbitration hearings are not public meetings. He noted if the Council meets to approve or disapprove the collective bargaining agreement, that is a public meeting.
As concerns Regular Council meetings, Attorney Jiran stated those are public meetings, except Executive Sessions, and the agenda must be posted 24 hours in advance. He noted they can add business to the agenda with a two-thirds vote without meeting the 24-hour requirement. He stated the minutes of those meetings have to be typed out within seven days of the meeting and are public record. He noted Special Meetings can be called with 24-hours notice, unless it’s an emergency. He added a Special Meeting can only discuss agenda items, and additional items cannot be added.
Attorney Jiran stated the purpose of an Executive Session is to meet privately without the public being present, and this can be done in only specific circumstances, and there’s a procedure that must be followed. He explained in order to go into Executive Session, two-thirds of the members present at the meeting must vote to do so. He noted the reason for the Executive Session must be stated, i.e., Personnel Matters, Pending Litigation, Collective Bargaining, etc. As concerns Personnel Matters, the employee at issue is entitled to request that the meeting occur in public session.
Attorney Jiran stated decisions and votes can’t occur in Executive Session. He added it is okay to discuss the matter, but they can’t have what appears to be an informal vote in the Executive Session and then go out and have a formal vote. He added they don’t vote to come out of Executive Session.
He stated the agenda items should be detailed enough so that the public has an idea of what is being addressed.
Councilman Maxellon questioned whether e-mails between Council members are part of the public record. Attorney Jiran responded yes and cautioned Council members to make sure they’re not doing something that would be considered a meeting under FOI.
Attorney Bromson stated Council members should understand that if they’re doing e-mails, those e-mails might not be private.
Attorney Jiran advised Council members never to put anything in writing or say anything in a public meeting that they would not want the world to know.
Councilman Hilinski questioned what’s recommended as far as retention of the various e-mails that they generate or receive regarding Town business.
Ms. Olechnicki stated the Town’s view on this is that there are different types of e-mails, i.e., transitory messages that can be deleted at will, but if an e-mail has to do with the business of the Town, it needs to be printed, filed and kept under the regular retention schedule.
SNOW REMOVAL OPERATIONS
Attorney Bromson encouraged Council members to do a “ride along” with Public Works during a snowplowing operation. He noted he did this, and he has great respect for this crew and the work they do.
Mr. Kazmarski displayed a map which showed all the streets in Enfield and how those streets are addressed during snowstorms. He noted Enfield has 185 miles of centerline roadway.
He stated there are many factors to consider with every storm, i.e., amount of snow, duration of a storm, the timing of a storm, the temperature before, during and after the storm, wind conditions, and the weather following the storm. As concerns how Public Works gets weather information, Mr. Kazmarski stated they have their own satellite tracking system with real time radar at the Moody Road facility. Additionally, they have a weather forecast service throughout the entire year and a cable weather channel from Cox Communications.
Mr. Kazmarski stated Public Works has 12 large trucks with 12 employees for snowplowing operations, as well as one Solid Waste Division employee with truck. He explained these employees are assigned different section of the Town. He noted they try to keep the same operator in the same section so that they’re familiar with that area. He stated an average section runs about 10.5 miles. He noted a couple problems they run into relate to dead-ends and cul-de-sacs.
He stated once they receive notification of a storm and start getting precipitation, they go out and pre-treat the roads. Some materials used during snowstorms include a sand/salt mixture, straight salt, or pre-wetted calcium chloride. He noted another material is magnesium chloride, but it’s very expensive.
Mr. Kazmarski stated they also call in about 13 contractors when there’s three inches or more of snow. Along with roadways, the Town is also responsible for plowing out the schools, Town buildings and municipal sidewalks. He emphasized the snowplowing crew is very proud and conscientious about the work they do.
He stated that there are two supervisors on duty at the Moody Road facility during snowplowing operations, as well as two people out on the roadways to oversee the work.
Mr. Kazmarski stated snowplows travel an average speed of 15 miles per hours, however, they may go at a higher rate of speed when plowing heavy wet snow in order to push it forward so that it doesn’t pile up in people’s driveways.
He noted some people may complain if they’re not getting plowed soon enough. He stated a typical storm results in about five hours of plowing just for the main roadways. He added there may be other factors when there’s a delay, i.e., duration of the storm, parked cars, shortage of manpower, etc.
Councilman Maxellon questioned why the main roads have to be done before entering subdivisions. Mr. Kazmarski stated if they are getting two inches per hour, he will not pull trucks off main roadways because those roads are critical for emergency vehicles.
Mr. Vindigni stated if they get a forecast for a major snowstorm, they will pull together all the key players for an operations review to be sure roadways are kept open for emergency apparatus, shelters are readied, etc.
Councilman Ragno stated during a snowstorm this year, it appeared a plow only plowed the center of the street and left a lot of snow up to the curb. Mr. Kazmarski stated there may be some snow left near the curb in an initial pass, but their goal is to clear the roads from curb to curb.
Councilman Ragno stated he noticed an accumulation of snow in a couple of areas near the turning radius into streets. Mr. Kazmarski stated that’s typically seen where a state road abuts with a Town road.
Councilman Nelson questioned whether private plowers are allowed to push snow across the street. Mr. Kazmarski stated it’s permissible if the snow is pushed back far enough. He noted it’s possible a homeowner may object if the snow is piling up on their side of the street.
Councilman Nelson questioned if it’s possible for a private plower, who is not contracted by the Town, to plow a public roadway. Mr. Kazmarski stated his belief such a person would be opening himself up to personal liability if something went wrong. Attorney Bromson agreed.
Councilman Maxellon questioned whether it might be worthwhile to do a press release to educate people about the snowplowing operation. It was suggested perhaps some information could be on the Town’s website. Attorney Bromson agreed they could get something on the Town’s website.
It was also suggested the illustrated map be distributed to the Town Council.
PUBLIC SAFETY
Police Chief, Carl Sferrazza, provided an overview of the Enfield Police Department. He noted there are about 108 police departments in Connecticut. He noted the rest of the communities are serviced by resident state troopers. He listed the following facts about the Enfield Police Department:
- Enfield is 17th in size out of 108 departments in Connecticut
- Enfield is 18th in the number of arrests
- Out of 108 departments, Enfield is nationally accredited. There are 15 other Connecticut police departments with this accreditation. He noted this accomplishment requires a lot of work. He pointed out advantages with this accreditation include a nation-wide recognition of excellence, a lowering of liability costs, and it requires them to be proactive in evaluating themselves in what they do.
- The Enfield Police Department was first organized in 1903.
- Enfield has 207 miles of roadway to patrol.
- Staffing includes 86 patrol officers, three traffic officers, three community policing officers/street crime unit.
- Three school resource officers
- Three administrators (Chief, Deputy Chief, Captain)
- Six lieutenants
- 10 sergeants
- 10 detectives
- 14 dispatchers
- one full-time Animal Control Officer
- one secretary
- three clerk typists
- one records clerk
- Volunteer members include Enfield Police Explorers, Enfield Auxiliary Police, Marine Police, and Fish & Game personnel
Chief Sferrazza stated Enfield has 94 patrol officers compared to West Hartford with 120, Manchester with 122, and East Hartford with 132 patrol officers.
He stated they do not have the ability to address all of the speeding issues because they can’t cover all of the streets. He noted he is exploring a regional traffic program.
Councilman Hilinski stated in another city he learned about video cameras at intersections that automatically ticketed violators. Chief Sferrazza stated his belief they aren’t using this method in Connecticut. He added there is also the question of cost and he’s unsure how the judicial system would react to that method. Attorney Bromson stated the state legislators would have to look at this. He agreed that is a good idea in problematic areas.
Councilman Maxellon questioned the interface between the Town and State police. Chief Sferrazza stated Enfield has a great rapport with the State police, and they work very well with them.
Councilman Nelson stated it appears some police officers leave Enfield after the Town has gone through the time and expense of hiring and training them. Chief Sferrazza pointed out Enfield is not losing a lot of officers to other towns. He noted officers who left recently did so because one wanted to get into a burglary and homicide division, another wished to leave due to family issues, and another officer discovered he did not wish to be a police officer any longer.
Councilman Lee questioned how many officers will be needed over the next few years. Chief Sferrazza stated at this time they have five openings. He noted this year they anticipate several officers retiring. He went on to note they have been getting high quality candidates.
Councilman Maxellon questioned if an officer is certified in another town or city, is it necessary for that officer to start at ground zero if he/she transfers to Enfield. Chief Sferrazza stated they had a problem when they tried to address that with the union last year. He noted other towns will pay transferring officers according to their experience rather than starting them at probationary pay. He pointed out they would have to have the union sign off on this, but they haven’t agreed to it.
Councilman Maxellon questioned how this applies on the training site, and Chief Sferrazza stated Enfield requires a polygraph and the Cooper test, which means the officer has to run the mile and a half. He added the Town does its own background check. He noted this would be an accelerated program, and an officer could be on the road in ten weeks and he/she would not have to go to the police academy as long as the officer is coming from a certified department.
Attorney Bromson stated they will revisit the salary issue regarding transferring officers.
Councilman Nelson questioned whether patrol officers have to take a yearly physical fitness test. Chief Sferrazza stated for many years, the police contract included a requirement that officers had to go for a periodic physical. He noted a few years ago, that mandate ended. Attorney Bromson added they are trying to make this a voluntary practice. He noted they will be talking with physical fitness centers in Enfield to see if they will offer reduced rates for all Town employees, particularly police officers.
As concerns any criminal activity in Thompsonville, they will be working toward more police visibility in that area. He noted they are also making it more attractive for officers to purchase homes in Thompsonville through low-income loans through Enfield Federal Savings and Loan.
EMS
Mr. Groux stated the federal government is trying to bring all the different levels of EMS providers to the same level of care and recognized standard.
Mr. Groux shared the following highlights:
· They have 12 paid EMT’s on staff (11 full-time and 1 part-time).
· They have three full-time paramedics and one part-time paramedic on their paid staff at this time.
· Three volunteer EMT’s
· One volunteer paramedic
Mr. Groux stated it’s required for a paramedic to perform 50 ALS calls in order to function as a paramedic without working with another paramedic oversight. He noted in the start-up phase, they did not have the ability to provide that 50 ALS call oversight. He went on to note Enfield has been very fortunate in that they’ve been able to get a lot of very qualified candidates. He noted they’ve hired a lot from the Town, particularly from the fire departments. He stated they currently have four employees who came over from the fire departments, as well as one volunteer who came over from the fire department. He noted they were fortunate in that within the first four people they hired, half were fire department personnel, and this was instrumental in helping them get the knowledge of the system and the town.
He stated in this first round, they’ve been concentrating on getting their staffing and policies up and getting the vehicles out the door with the appropriate level of staff and determining what their need is for the long run.
Mr. Groux stated they looked back historically and learned mutual aid was coming into Enfield for EMS purposes over 30% of the time. He noted Enfield was only able to answer 70% of the EMS calls within town with their own resources, but it was never clear why because the documentation didn’t track enough of the detail. He noted the only way to follow that was to go back and read reports. He stated they’ve now started to continually review and learn what the need is for the service. He noted a lot of that time wasn’t necessarily because they couldn’t provide the ambulance, but because they couldn’t provide an ALS or paramedic response a lot of those times, therefore, they were bringing in mutual aid resources because Enfield didn’t have that resource within town. He stated that was their reasoning for going up to the paramedic level and trying to have paramedics on around the clock on its own units.
Mr. Groux stated AMR still responds to Enfield calls. He explained the State assigns a paramedic level response area to different providers. He noted in Enfield, the police department is the designated first responder for the community. He stated the fire departments are licensed as supplemental first responders through the Department of Public Health and they can respond to anything supplemental that’s approved by the primary response holder, which would be the police department.
He stated Enfield is licensed at the R2, or the EMT and transport level. He noted Enfield is obligated to provide the ambulance and EMT’s. He stated AMR is licensed at the R5 level, or the paramedic level response, therefore, they hold the obligation to provide a paramedic.
Mr. Groux stated they plan to start a CPR program because they are trying to push citizens CPR. He noted their goal is to certify 500 citizens per year.
He stated many people are interested in becoming volunteers for EMS. He noted they will develop a program to train volunteers so they can be put on an ambulance. He pointed out about 40% of volunteers actually stay to go onto a higher level, i.e., EMT or paramedic.
Mr. Groux stated they currently have five licensed ambulances, and they’re hoping to replace two units this year. Attorney Bromson stated he and Mr. Groux had a discussion with the Maciolek Post regarding this and will know more in a week or two.
Mr. Groux stated they’re going to the State for the approval of the use of the Route 5 location. He noted Planning & Zoning approved the use of the Route 5 facility for storage of their units during peak times. He noted they are going to the Department of Public Health for approval to use this site as a garaging location for the ambulances. He explained under State regulations, they cannot garage an ambulance without approval from the Department of Public Health. He noted they’re also going for approval to use EMS cars as medical vehicles.
Councilman Maxellon questioned of the three full-time paramedics, is the EMS Director counted as one of them, and Mr. Groux responded no, there are three plus himself. Councilman Maxellon questioned if all the dispatchers are EMD’s, and Mr.
Groux responded the dispatchers are EMD’s and that is overseen by the Police Department, not by the EMS Department.
Councilman Kaupin questioned how Mr. Groux is overcoming public relations issues. Mr. Groux stated if people have concerns, he can discuss those concerns with individuals. He added they also go out and speak to citizen groups, i.e., he spoke before the Rotary Club this week.
Councilman Nelson questioned what the biggest obstacles are, and how does Mr. Groux expect to overcome those obstacles. Mr. Groux stated the biggest obstacle is time. He pointed out they’ve done a tremendous amount in a very short period of time. He noted they started this process in the middle of March, and during that time they brought on over 20 employees, started a whole department, from uniforms to policies to staffing to training and everything else. He noted they’re doing the best they can, they’re trying to delegate as much of that as they can with the personnel that comes in, and the other departments in Town have really come forward and taken on a lot of work. He stated the Human Resources Department has done a lot of work in this regard.
Mr. Vindigni stated one area that needs to be addressed is clerical staff to manage records, and this is an area that take up a lot of Mr. Groux’s time. Attorney Bromson added this has been brought to his attention, and the Council will be briefed about this matter. He noted there is funding for this.
Attorney Bromson referred to public relations and noted Mr. Groux makes a great presentation about EMS. He noted Mr. Groux is very knowledgeable and has a good reputation. He added his belief that once the CPR program is started and many residents start going through that program, there will be an appreciation of the Town EMS system and the job they do. He stated they’ve had good communications with the fire departments, and Mr. Groux has met with the fire departments. He went on to note they’ve come a long way in just a few months. He stated the Town can be proud of these administrators, i.e., the Chief of Police, EMS Director and Human Resources Director. He noted these are incredible administrators.
Attorney Bromson stated just as the Enfield Police Department is a premier police department, he believes within a year the Enfield EMS Department will also be a premier department. He noted he has been with Enfield almost 17 years, and he’s proud to be affiliated with this town because Enfield does things right.
Mr. Groux stated he would like to be informed of any citizen’s group that would like him to come in and speak about EMS.
Councilman Kaupin questioned whether there’s anything appropriate for the school level, and Mr. Groux stated they will be looking at that for next year.
Councilman Nelson questioned who is handling the billing, and Attorney Bromson stated they hired a professional billing service.
PLANNING AND ZONING
Attorney Cerrato stated there are four land use agencies in the Town of Enfield – the Planning & Zoning Commission (P&Z), the Zoning Board of Appeals (ZBA), the Inlands/Wetlands and Watercourses Commission and the Historic District Commission. He noted that today he will only be briefing the Council about the P&Z and ZBA.
He explained under Connecticut law, they can have a Planning Commission, a Zoning Commission and a Zoning Board of Appeals. He noted Enfield has the combined Planning and Zoning Commission. He stated the terms for these commissions are for four years, and the Council appoints the members to the P&Z and the ZBA. He added his belief these are staggered terms.
Attorney Cerrato stated P&Z acts in two capacities, either as the Planning Commission or the Zoning Commission. He noted when they’re acting as the Planning Commission, they would adopt the Plan of Conservation and Development, which is an overall policy and goals for the growth and development of the town. He noted this is done every ten years by State statute. He added in the Planning aspect, they also draft subdivision regulations and review and approve applications for subdivisions or re-subdivisions. He explained a subdivision involves someone wishing to build three or more lots out of an existing piece of land, and a re-subdivision occurs when someone wishes to make changes to an existing subdivision, i.e., change of roadway, change of sidewalks, addition or removal of lots. He went on to note that in their Planning capacity, P&Z also does Section 8-24 reviews, and this involves either the conveyance of property to a third party or acquiring property. He explained the Council sees this when someone is offering an open space to the Town or some type of an easement. He noted P&Z reviews it first, makes a recommendation, and the Council decides to approve it. He stated if P&Z votes against acceptance of the property, the Council isn’t bound by that decision, but they would have to have a two-thirds vote to override that P&Z decision.
He explained when P&Z is acting as the Zoning Commission, they draft zoning regulations for the Town, they review and decide on special use permits, parking, dumpsters, entrances, exits, traffic flow, etc., to be sure they’re in compliance with zoning regulations. He noted they also review site plan applications. He explained a
site application may involve someone wishing to put a building on a lot, and P&Z merely makes sure the building fits within the setbacks, has the right number of parking spaces, and they either approve or deny it with no conditions attached.
Attorney Cerrato stated P&Z reviews certificates of suitability, which has to do with motor vehicle repairers, dealers, and gas stations. He noted statutorily, the Department of Motor Vehicles requires a review and approval from the local land use agency, and in this case it’s the P&Z Commission.
He stated Enfield also has a Zoning Board of Appeals, and their duties are fairly limited. He explained they primarily review requests for variances, i.e., a person wants to do something with their property, but they’re not going to comply with the zoning regulations. He noted ZBA has to find that there’s a hardship, and the hardship has to be specific to that property. He stated ZBA also reviews orders from the Zoning Enforcement Officer (ZEO). He noted if the ZEO was to issue someone a “cease and desist order” for an illegal activity, the person could appeal to the ZBA, and the ZBA could either uphold or reverse the ZEO’s decision.
Attorney Cerrato stated land use commission members have to be very careful regarding conflicts of interest and predisposition of issues, i.e., if someone has either a financial or personal interest in an application coming before the commission.
He explained court appeals regarding land use agencies are called record appeals, and the court simple reviews the record that was presented, i.e., application, minutes from the meeting, documents, maps, letters. He noted if the record supports the decision, the court will uphold the land use agency’s decision. Attorney Bromson added that’s why it’s imperative to have good quality individuals serving on these boards and commissions. He noted the Town tries to bring in land use experts to talk to commissioners. He stated whatever a commissioner says on the record is what will be reviewed by a judge in an appeal.
Councilman Lee questioned how to deal with people calling and asking questions or complaining about things that are going before P&Z. He was advised to tell such people to go to the public hearing.
Councilman Nelson questioned the influence political figures have on Planning & Zoning issues. Attorney Bromson stated if an individual is on a commission, they have to go above and beyond to avoid any appearance of a conflict of interest. He noted he always advises to err on the side of caution. He added his office can give opinions or advise someone to go to the Ethics Commission. He noted a political person or public official would be looked at much more closely. He pointed out this does not mean a political person or public official can’t have a business in Town or
do business with the Town, however, they need to do so within the parameters of the Town and if they need an Ethics opinion, they should get it. He added it will really be the scrutiny of the commission that the issue goes before because it will be that commission that ultimately has to “take the heat”. He noted that commission will have to be more careful with such issues and follow the law, and if they deviate from it, they will have to justify it. He emphasized no political person or public official will get any special attention or get anything from Town staff than is more than anyone else, and if anyone hears of this, they should bring it to their attention.
MOTION #8204 by Councilman Kaupin, seconded by Councilman Maxellon to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8204 adopted 7-0-0, and the meeting stood adjourned at 12:55 p.m. |