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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
OCTOBER 16, 2006
A Regular Meeting of the Enfield Town Council was called to order by Chairman Tallarita in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Monday, October 16, 2006 at 7:40 p.m.
PRAYER – The Prayer was given by Councilman Maxellon.
PLEDGE OF ALLEGIANCE – The Pledge of Allegiance was said.
ROLL-CALL – Present were Councilmen Crowley, Edgar, Hilinski, Kaupin, Lee, Mangini, Maxellon, Nelson, Peruta, Ragno and Tallarita. Councilman Peruta left at 8:53 p.m., and Councilman Hilinski left at 10:50 p.m. Also present were Town Manager, Matthew Coppler; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne Olechnicki; Town Attorney, Christopher Bromson; Director of Public Works, John Kazmarski; Chief of Police, Carl Sferrazza; Director of Community Development, Peter Bryanton
FIRE EVACUATION ANNOUNCEMENT
Chairman Tallarita made the fire evacuation announcement.
MINUTES OF PRECEDING MEETINGS
MOTION #8959 by Councilman Mangini, seconded by Councilman Hilinski to accept the minutes of the September 25, 2006 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8959 adopted 11-0-0.
MOTION #8960 by Councilman Mangini, seconded by Councilman Hilinski to accept the minutes of the October 2, 2006 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8960 adopted 9-0-2, with Councilmen Lee and Tallarita abstaining.
MOTION #8961 by Councilman Mangini, seconded by Councilman Hilinski to accept the minutes of the October 2, 2006 Regular Meeting.
Chairman Tallarita stated he received word from Mr. Tkacz that he objected to these minutes because not all of his comments were reflected in the minutes. He suggested the tapes be reviewed to be sure his comments are reflected within the minutes.
Referring to Page 5, Paragraph 8, Councilman Maxellon stated he had more comments about EMS than were in the minutes. He noted this had to do with the revenue they’re generating to match what they’re going to need for their budget.
MOTION #8961A by Councilman Edgar, seconded by Councilman Hilinski to table these minutes.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8961A adopted 11-0-0.
PUBLIC COMMUNICATIONS & PETITIONS
Robert Tkacz, 150 Bernadino Avenue
Pointed out that at the last meeting he wanted to know what kind of job the Town Manager is doing. He noted he also talked about the Town Attorney’s office and secret lawsuits, especially against the school. He stated somehow the Town Attorney’s office is involved. He noted this should be explained to the public.
Mr. Tkacz stated if there’s a renegade Planning & Zoning that decides they want to make new rules, they should be replaced.
Mr. Tkacz stated the public deserves to know the activities of the Town Manager’s office. He noted he talked about FOI as well.
He noted he talked to the Town Manager of Newington about their tipper barrel program. He explained the outside contractor is supplying the tipper barrels. He noted in the last year of the three-year contract, the town is required to buy the tipper barrels back. He stated they supply one tipper barrel, any size, to every home in Newington, and if residents need additional tipper barrels, they have to purchase them. He pointed out most towns supply the tipper barrels and it would be totally wrong to require Enfield residents to buy the tipper barrels.
Attorney Bromson stated the Town Attorney’s office does not represent the school system in any lawsuit. He noted the school system normally has their own counsel. Mr. Tkacz noted he was referring to the Planning & Zoning Commission.
Attorney Bromson pointed out no lawsuits are secret, and all lawsuits are on the State of Connecticut judicial website. He added the Town Attorney’s office prepared, per the Council’s request, a list of all litigation, which the Town is involved in. He noted Mr. Tkacz can have a copy of this.
Present from the Enfield Montessori School were Sisters Anastasia, Francine Mary and Carol Marie
Sister Anastasia expressed her appreciation to the Council for their public service and thanked those Council members who have stepped forward to better understand their problems with the Town. She noted they come in peace, but they also come with determination. She stated they will continue to garner attention for their cause as long as the safety and well-being of their children are concerned.
Sister Francine Mary stated they still remain puzzled about the situation they find themselves in with the Town. She questioned how the Planning Department can have testimony from 20 people about the existence of their parking lot for decades and then question its existence as a legitimate parking area. She questioned why the Town Council didn’t look at this issue sooner rather than later. She noted they believe the Council needs to closely examine what has happened here so that it doesn’t happen to others in the future. She pointed out a lot of money has been used by both parties involved.
Sister Francine Mary questioned why this is happening with them while there’s a new and elaborate building and parking lot across from them for a medical complex next to the historic Martha Parsons house, while the Historic District Commission is telling them they cannot have a smaller parking lot behind their school. She noted this parking area would greatly improve the traffic pattern and flow and eliminate the gravel parking lot just granted them. She stated it makes no sense to them that the Parkway Pavilion was allowed to add more parking to the front of their property. She noted they cannot understand why it seems they’re being held to a different standard than others on Enfield Street. She went on to note that most of the public schools in Enfield have been able to improve their facilities in the past few years, and that is all the Montessori School is trying to do. She noted while they are pleased with the decision regarding their current parking area and the Town’s decision not to appeal the judge’s findings, they realized this matter had to be taken out of the Town’s hands. She stated when it was placed in the hands of a judge who looked at the facts fairly and objectively, he quickly and easily came to the conclusion that their parking lot with its gravel was truly appropriate and legal. She questioned how the Planning Department missed the mark so badly on this issue. She pointed out this issue has united many Enfield residents and they have received many visits, telephone calls and offers of financial assistance. She noted they’re sincerely grateful and appreciative of the overwhelming support they’ve received from the Town of Enfield.
Sister Carol Marie stated they are fully cognizant of the fact that the decision in the Hartford Superior Court was based solely on the facts and merits in their case and not on any assistance from the Enfield residents, school parents, or the Town. She noted the decision rendered was a result of careful and objective review of the facts, and it did not come about by the Town making an effort to rectify the apparent inequities of treatment regarding the use of their property. She noted while they feel somewhat pleased by the recent decision in their favor, they still have the matter of moving their parking lot to the rear of the school, out of the historic district and out of the sight of Enfield Street. She noted the proposal to move the parking lot to the rear of the school would greatly improve the traffic flow and certainly improve the safety of dropping off and picking up students. She stated this case is yet another example of how their school has seemingly been singled out and received a different level of scrutiny than other schools and businesses in their immediate area.
She stated they proposed a solution of sorts to facilitate a better working relationship with the Town officials and for them to gain a better understanding of the reasons their proposal is unacceptable to the Town when so many others have been allowed to proceed with far more extensive improvements to their properties. She noted they would be delighted to work directly with the Town through an intermediary who would help both parties in achieving their goal of a safe environment for their children. She added they would be more than happy to work with a liaison of sorts who would be willing to assist and help direct them in gaining a better understanding of the Historic District Commission’s position and the relevant zoning regulations. She noted they’d be happy to work with an individual or team of individuals who have an interest in facilitating a relationship between the Montessori School and the Town for the good of all involved. She stated they are looking forward to a better relationship, and they would like everyone involved to take a step forward, and they would like to do so in conjunction with the Town officials.
Sister Carol Marie concluded stating she is very edified by all the people who have come out tonight to show their support.
Mrs. Collins, the Hazardville Section
Stated she was gratified to see the Sisters and all the support behind them this evening.
Donna Ellis, 304 Brainard Road
Stated she’s present to show her support of the Montessori School. She noted Enfield should be proud to have this school in town. She noted she’s sad to see the Sisters here requesting a simple thing. She stated her hope the Council will help them so that they don’t waste any more money on this issue.
Charles Woods, 11 Westerly Drive
Stated he fully supports the Montessori School.
Mr. Woods referred to his political ad in the Hartford Courant and noted there was an error whereby it stated “physical restraint” instead of “fiscal restraint”. He pointed out the Hartford Courant admitted to this error and they will be printing a retraction and a corrected copy.
Eileen Topski, 18 Meadow Street, Easthampton, Massachusetts
Stated she attends the Montessori School and has been very happy there. She noted the front parking lot is not a safe drop off/pick up area.
Bob Johnston, 92 Carriage House
Thanked the Council for picking up on the comments he made at the last meeting regarding the resolution. He thanked one of the Council members who responded to his memo and gave some very positive comments and responded to the one other factor that he brought up but failed to mention at the meeting a couple weeks ago. He noted this has to do with this plan needing a detailed escape clause to avoid one party being able to suddenly quit. He pointed out if the Town is going to go into such a plan, both parties have to agree to a method to dissolve should that day come again.
Mr. Johnston stated he also has a concern whether or not there’s detail behind the resolution. He noted it seems this body should have a charge as to what they’re supposed to do. He added his belief the elected officials of the Board of Education and Town Council should set up criteria for the consultant.
Mary Ann Turner, 7 Meadow Road
Agreed with Mr. Johnston’s comments. She strongly urged the Council and School Board take great time and consideration when they think about putting this IT Department together. She noted the previous break-up was very expensive. She stated since it’s clear that Mr. Johnston is very knowledgeable, the Council might want to consider him being the fifth person on that committee.
As concerns the book bid waiver, Ms. Turner pointed out the people of Enfield have made it clear they don’t want bid waivers. She urged the Council not waive the bids on the books. She pointed out the Board of Education did not have a unanimous vote to waive this bid. She noted if there was a standardized curriculum, they could take advantage of the State’s big purchase. As concerns Dr. Gallacher’s comparison of the bid waiver for Toys For Joy Program, Ms. Turner stated her belief the book bid waiver doesn’t come close to that example. She urged the Council not to do an open-ended bid waiver concerning the purchase of textbooks.
Ms. Turner stated she saw the paperwork that came out on the revaluation. She noted she read it thoroughly, and she believes they did a good job with this information.
Paul DeGregorio, 15 Debbie Lane
Stated he came before the Council in the past and may have raised his voice and had some indiscretions toward some people, and he apologized for the way he acted in the past, especially toward Mary Lou Strom. He noted he is sincerely sorry for how he may have come across.
Mr. DeGregorio stated he had a meeting with Probate Judge Susan Warner for his father’s estate. He noted the meeting began at 9:00 a.m. and at 9:04 a.m. the judge left the meeting and no one knew why. He stated he learned she called the Enfield Police Department and asked for a Priority Three because Mr. DeGregorio is verbally abusive and out of control. He stated he never said one word and he wasn’t allowed to speak until later in the meeting. He pointed out there were six people present at this meeting. He noted he went to the Enfield Police and they indicated they didn’t want to do anything since this happened over a year ago. He went on to note on August 14, 2006, Lt. Collins was briefing him what happened in that room, and Lt. Collins was not present in that room. He stated his belief this judge was lying and she was presiding over his father’s estate and he lost everything from that estate. He feels she should be arrested and prosecuted.
He pointed out he served honorably in the U.S. Air Force, he is in the Enfield Hall of Fame, he donates his time to the Enrico Fermi jazz ensemble and he helps the homeless, and now he is asking for the Town Council’s help.
Laurence Avery, 148 Pleasant Street
Stated he reviewed the plans for the Montessori School and he plans to be in attendance at the Thursday Planning & Zoning Commission meeting. He noted he supports their plan to place the parking area behind the school because this will be safer for the children. He urged the Council to do what they can to support this project.
Brendan Bagley, 7 Clay Creek Drive, Suffield – owner of business at 29 Oliver Road
Noted he’s a taxpayer in Enfield and has children attending the Montessori School. He agreed with Sister Carol Marie in that the Council help in the role of liaison in this matter. He noted this has been a long process. He stated the Sisters submitted a plan for a break room addition, similar to the break room added onto the Enfield Street School located directly behind Old Town Hall. He noted during this application process, they received a cease and desist order from the Planning & Zoning Commission saying their parking lot was illegal. He stated the Sisters then brought their case before the Planning & Zoning Commission, however, P&Z decided it was not a legal parking lot and ruled against them.
Mr. Bagley stated it is known that the Council has the power of appointment and the power of the purse strings. He noted they brought this issue before ZBA with the same testimony and ZBA ruled unanimously in favor of the parking lot, and then P&Z sued ZBA.
He pointed out this happened against a group that has owned a property since 1938 and has been in business since 1944. He noted the Sisters have spent thousands of dollars on legal fees, just like the Town spent $16,000 in outside legal fees against itself. He questioned why did an organization such as this have to get an attorney to defend itself against two organizations in town.
He concluded stating his hope the Council will give strong consideration to the Sister’s request for some type of liaison.
Priscilla Brasen, 106 Green Manor Road
Urged the Town to grant what the Montessori School needs. She pointed out the Town made it safe for the public schools, and they should do the same for the parochial schools.
Margaret Jedziniak, 232 Abbe Road
Referred to “Amendment #1” and “subject services” mentioned in a letter concerning the Post Office/Town Farm Road reconstruction project. She requested details about Amendment #1 and the subject services.
As concerns bid waivers, she questioned if the Town has any standards to be met, and what are those standards. She stated her belief the Town should have some kind of standards that have to be met even though they are waiving something. She added her belief the Town should not be allowed to waive bids.
Ms. Jedziniak spoke on behalf of Jack Sheridan who could not be present this evening. She noted he has been concerned about the condition of the Town Farm bridge. She stated he has been made aware that the Town Engineer said the bridge will be shored up by some type of bricks which would make the bridge somewhat larger. She noted Jack is an engineer and he believes this method will make things worse because it will narrow the river and put more stress on the bridge.
She stated her understanding Post Office Road and Town Farm Road will be pushed to the south. She stated her understanding that the two old houses in this area would cost the Town of Enfield $100,000 for an archaeological study, therefore, the road has to move in the other direction.
Ms. Jedziniak stated her understanding they were supposed to take some of the property from the package store property. She noted she went to the planning and engineer’s office today and learned this will not happen and that the package store property owner plans to lengthen the building 30 feet toward Post Office Road. Additionally, they would like to add three more stores on the north side of the building. She noted she also understood there might be a traffic light in this area. She noted she does not understand what’s happening in this area because she was under the impression this project was already set. She questioned who initiated the archaeological study.
Susan Lavelli-Hozempa, 70 Laurel Street
Stated she is a Board of Education member. She noted she wants the Sisters of the Montessori School and the community to know she supports them, and she feels their request should be granted and they should get their parking lot.
As concerns the waiver of bids for the textbooks, Ms. Lavelli-Hozempa stated she voted against that because she believes the taxpayers money needs to be spent in the most responsible way, and that means they define the most economical source of materials for the school system. She stated there are elected officials who listen to the citizens and care what they have to say and honor their requests. She feels it’s her responsibility to make sure that if there are rules and regulations that prohibit people from having things, they have to be fair and equitable to all involved.
Agnes Mercik, Jewel Street
Voiced her support of the Montessori School. She noted she’s puzzled about one board suing another board in Town. She noted the current parking lot is not sufficient, and it’s time to change this for a better traffic flow. She noted this school produces wonderful children and she urged the Council to help resolve this issue.
Paul DeGregorio, 15 Debbie Lane
Stated he spoke with Inspector Lubey in Hartford about his problem about filing complaints in Enfield, and that he was going to take this complaint before the Town Council. He noted Inspector Lubey informed him that if he puts a complaint before the Council, the Council has to address his issue by law.
He read the following letter he addressed to the Deputy Chief Attorney, John Whalen:
“On January 31, 2002, Officer Edward Therrien called up my employer, Reliable Windows in Bolton, Connecticut. Amy, the secretary, answered the phone. Officer Therien told Amy that Paul DeGregorio was involved with his ex-wife, Christine Therien, and that Paul DeGregorio is a very violent man and the owner should be very concerned about doing business with him. For the next six months, I was harassed by my employer and was let go as the head installer of Reliable Windows. I reported this to Internal Affairs at the Enfield Police Department, but never received a response. I need a full investigation. There are many more complaints that need to be investigated pertaining to me. There’s a Pandora Box of information that I have – audio/visual, still photos, falsified police statements.”
He noted he provided the Deputy Chief with the addresses of the owner and secretary of Reliable Windows.
He stated in March of 2001, an employee of Enfield Superior Court told Christine Therrien and him that the Enfield Police were coming into the courthouse bragging about how they set him and her up in a court of law.
He read a letter from Deputy Chief John Whalen as follows:
“Your complaint regarding the members of the Enfield Police Department needs to be addressed by internal affairs first. If you have any more questions that need to be addressed, you can contact the City’s Attorney’s Office in Enfield.”
Mr. DeGregorio stated he called and spoke to Mark Cerrato, the Assistant Town Attorney, on July 24th at 4:11 p.m., and he never got back to him. He stated he does not understand this.
COUNCILMEN COMMUNICATIONS & PETITIONS
Councilman Mangini stated last weekend they had the Child Safety Day at Scitico Plaza, and it was well attended. She thanked those involved for putting on this event – the Enfield Police Department, the local fire departments and Scitico Plaza.
Councilman Mangini stated she took four high school students to the CCM Convention held in Cromwell. She noted the Town Manager attended as well. She noted the students attended a couple seminars, had lunch and enjoyed themselves. She thanked teacher, Frank Taylor from Enfield High School, who provided transportation for a student who was running late and was unable to leave with the rest of the group.
Councilman Peruta requested an update on Town Farm Road and the bridge.
Councilman Peruta referred to an earlier complaint raised by an O’Hear Street resident and requested a status report be provided.
Councilman Nelson voiced his full support to the Montessori School matter. He pointed out families from outside Enfield have their children enrolled in this school. He noted these families patronize local businesses while they are in Enfield. He went on to note Enfield talks about supporting small businesses, but he’s embarrassed about how the Town has treated the Montessori School, which is a small business in Enfield.
Councilman Nelson stated his father was killed by a drunk driver on the front lawn of the Montessori School. He noted he is all for getting the children behind the school, away from Route 5, and he will do anything he can to support the Sisters in their effort to make that happen because it’s about safety for the children.
Councilman Kaupin stated a few weeks ago he and a few other Council members met with the Sisters at the Montessori School. He stated they had a great conversation with the Sisters and learned a lot about the processes they’ve gone through. He noted the Town Council has no purview over Planning & Zoning or the Historic District. He agreed the Council does have the power of appointment. He went on to state it’s his impression the system broke down in the Advanced Review Team process. He suggested letting the Town Manager get to the bottom of this and let him call the Advanced Review Team together to get a resolution on this process quickly. He stated from a layman’s point of view, the parking lot needs to be at the back of the building.
Councilman Kaupin stated he has been on the Council a long time, and he has heard Mr. DeGregorio come before the Council many times. He noted he has known Paul for many years, and he believes the Town Manager needs to sit and talk to Mr. DeGregorio, understand what happened and report back to the Council.
Councilman Kaupin agreed the Town Farm Road bridge should be looked at.
Councilman Kaupin stated there needs to be some information put out about the leaf pick-up program. He pointed out people are already piling leaves on the side of the road.
Councilman Kaupin stated throughout the Green Manor neighborhood there are storm drains, but they’re actually in the right-of-ways towards the back of properties. He noted this past week, DPW was doing their annual maintenance of cleaning out storm drains, but they’re not going to those toward the rear of the yards. He stated the homeowners are under the assumption there’s a right-of-way and that they’re owned by the town. He added it could be the case that they were put there, but they don’t belong to the Town and there isn’t a right-of-way. He requested they look into this specific issue.
Councilman Edgar referred to the Montessori issue and stated if the parking lot is to the rear of the school, out of sight of Enfield Street, it should not be a problem. He noted according to the suit, it’s not about the location of the parking lot, but rather it has to do with the widening and surfacing of the road to access the parking area. He agreed with Sister Carol Marie in that an intermediary can get involved to help settle this outside of court as long as it’s not in the judge’s hands. He added his belief that briefs have not yet been filed. He noted hopefully the different sides can sit down with this new information and settle this out of court, and he recommends that happens.
Councilman Maxellon requested an update on the Northgate Project. He noted a couple weeks ago he e-mailed Town Hall about the road collapsing at the corner of Taylor and Washington Roads. He requested a response on this. He noted he previously raised the EMS revenue issue.
MOTION #8962 by Councilman Hilinski, seconded by Councilman Mangini to suspend the rules to address Items 13B., D., E., F., G. and H. to Miscellaneous.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8962 adopted 10-0-0.
Councilman Hilinski stated he’s well aware of the excellent students that come out of the Montessori School. He noted he doesn’t see how this process got out of hand. He stated it’s obvious there’s a lot of confusion on both sides. He noted he sees no reason why the Council can’t act as an arbitrator or appoint an arbitrator to look into this. He noted he will be looking for more information in the days to come, and he would like to pursue this particular course of action.
Councilman Ragno stated he feels bad that the Montessori issue got so out of hand. He agreed with previous comments as far as the safety of the children. He noted he would like to see this arbitrated toward a resolution so that things can happen for the good of the community and the good of the school.
Councilman Ragno stated his hope the State is taking care of what they’re responsible for in Enfield, i.e., culverts being cleaned out. He requested an update as far as what the State has done so far to improve the storm drains they’re responsible for.
As concerns Mr. Johnston’s comments about the IT resolution, Councilman Ragno stated he feels strongly that there needs to be clarity in language when developing resolutions. He agreed about the charge of duties, and he feels there should be a time line.
Councilman Ragno stated he would like to see an update from DPW regarding bridges in Enfield.
Councilman Ragno stated he would like to see the delinquency list posted on the Town’s website.
Chairman Tallarita commended the Spanish Department at Enfield High School for the exchange student program. He noted his family sponsored a student from Spain and it was a wonderful experience. He encouraged people to sponsor an exchange student if possible.
Chairman Tallarita emphasized the Council never takes bid waivers lightly. He noted their first choice is to bid out all of their projects. He stated there are those situations where it doesn’t make sense to do a bid, i.e., a sole vendor, when they can only go in a certain direction, or those occasions when it’s actually in the best interest of the Town to have a bid waiver.
As concerns the Montessori issue, Chairman Tallarita stated he’s not always aware of what’s going on with the Planning & Zoning Commission, the Zoning Board of Appeals and the Historic District Commission. He noted in his role as a Councilor, he tries to pay attention to those items that come before the Council where he has some decision-making ability. He pointed out there’s a true sense of separation of power that exists between the land use committees. He acknowledged the Council has the ability to make appointments to those commissions, and they try very hard to put responsible, reasonable people on those commissions. He noted the Council’s attention might be drawn to a particular board or commission if there’s a repetition of problems. He went on to note that much of what the land use committees do is governed by state statute. As concerns the Council having the purse strings, the Council also has the obligation that if a committee has an appeal or something to do, there’s an obligation on the part of the community to fund those. He pointed out the Council doesn’t have the ability to stop an appeal because then the Council would have undue influence, and there’s a separation and a balance that’s inherent within the system. He agreed with Councilman Kaupin in that a big part of this problem started with the way that it was reviewed initially. He added his belief a lot of the issues can be resolved at the staff level. He noted he likes to see staff work with people, not to tell them why they can’t do things, but rather show them how to do it. He requested the Town Attorney and Town Manager review the ability to have a third party involved to try and resolve this matter.
He thanked everyone for attending this evening’s meeting.
MOTION #8963 by Councilman Kaupin, seconded by Councilman Mangini to take a brief recess.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8963 adopted 10-0-0, and the meeting stood recessed at 9:15 p.m. Chairman Tallarita reconvened the meeting at 9:30 p.m.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Coppler stated they are working on the report for O’Hear Avenue. He noted he spoke with the property owners to get more clarification.
As concerns Town Farm Road/Post Office Road and the bridge, Mr. Coppler stated they will be scheduling a Special Meeting a week from Wednesday to go over the Roads 2005 Project, and that will be a good time to discuss those areas.
Mr. Coppler stated sidewalks will be going in at Northgate. He noted one of the hold ups in this project had to do with the relocation of the guardrail, and that was done about a month ago by the State. He added there will be a follow-up for plantings.
Regarding Washington/Taylor Road collapse, Mr. Coppler stated the Highway Department investigated this, however, they don’t have a specific cause for this sinking area. He noted it was indicated there might be an unknown or undiscovered stream in that area which is causing the collapse. He stated they will provide more information to the Council.
Mr. Coppler stated Mr. Kazmarski will update the Council on D’Annunzio Avenue.
Mr. Kazmarski stated the Council has a schematic plan of D’Annunzio Avenue which shows the existing edge of road in red. He noted the easterly pavement line is very erratic and heading further south, it jogs closer to the houses. He pointed out the westerly side is a fairly straight line from Enfield Avenue north to Elm Street, but then it veers east. He explained this is causing a problem with the area being so very flat. He noted the blue area shows a uniform 28’ width roadway which they propose to build in the spring. He pointed out the plan is to re-do all the sidewalks. He stated this requires dropping the road from several inches to a foot at its maximum in order to get the sidewalks and driveway aprons to drain properly toward the roadway. He noted they also plan to put in a storm drainage system at the southerly end and bring it to an existing outlet to the west. He explained the new sidewalks will go where the old sidewalks are, and a snow shelf will be provided for every property. He noted they flagged the two problem trees for take down, and they will remove the broken up section of sidewalks on D’Annunzio Avenue and will temporarily replace them with bituminous concrete. He noted they will put uniform pavement width on Enfield Avenue. He stated they will do this work in the spring season as a Town in-house project. He noted the Town Engineer is working on this right now, and they’ll endeavor to use their on-call contractor. He stated an informational meeting is planned for this winter to inform the residents of what’s being proposed.
Councilman Crowley questioned whether there will be sidewalks on Enfield Avenue. Mr. Kazmarski stated that’s a possibility. He pointed out as they get closer to the car dealership, there’s a lot of pavement. He suggested the possibility of putting in some delineators to define the roadway edges. He stated his impression in might be a little difficult to put in sidewalks all the way to Route 5, but they could look into that.
Councilman Edgar suggested a meeting with the homeowners as soon as possible, particularly with the tree removal and patchwork.
Mr. Coppler stated they could set up that meeting as quickly as possible. He added there’s still a little more work to do in terms of clarifying where the right-of-ways are located.
Councilman Kaupin questioned based on the process they’re going through in Green Manor as concerns having sidewalks on only one side of the street, has this been considered for this area. Mr. Kazmarski stated this was considered, but there was an indication that the residents wanted the sidewalks on both sides. Mr. Coppler noted that can be taken up at the informational meeting to find out for sure.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Bromson stated during the break he spoke with Mr. Tkacz to ask him about what he referred to as secret litigation with the Board of Education, and Mr. Tkacz clarified he was referring to the ZBA and P&Z lawsuit regarding the Montessori School. He noted his office prepared, at the request of the Town Council, a list of all pending litigation.
As concerns the P&Z and ZBA lawsuit, Attorney Bromson noted his office cannot represent either group, therefore, they went outside and got their own attorneys. He noted the Town Attorney’s office wasn’t privy to what occurred in the litigation. He stated his office extended an invitation to their attorneys to address the Town Council, at the request of the Town Council, however, they were unwilling to do so because they don’t represent the Town Council and they said based on attorney/client privilege and confidentiality, they couldn’t breach that and come before the Council. He noted the Town Council then requested this matter be placed on the website. He explained there was nothing nefarious about putting it in red print. He stated Charlene Bond asked him if he wanted this item highlighted so people could find it, and he responded yes that it should be clear and easily found. He went on to note that since last summer, they started to identify Town Attorney information to put on the website, including decisions and cases and other information of interest, and they’ll continue to do that. He distributed a list which includes 15 cases and litigation, and of the 15 cases, his office or insurance counsel are involved in 13 of the 15 cases. He noted in two of the cases, there was a conflict and outside counsel was retained, and that happens from time to time. He pointed out having only 15 cases is a very miniscule amount for a town this size.
Attorney Bromson stated currently before the Legislature, there is an amendment to change the juvenile laws. He noted Chief Sferrazza is on a legislative task force that’s looking into that, and it will have a profound impact on the criminal justice system and criminal prosecutions and confidentiality of records. He encouraged people who are interested to contact their legislators or the Chief to get information. He explained this will mean that young people can get arrested multiple times for multiple crimes, and still be protected and not have a public record. He noted this is a concern, especially in the area of drug sales. He stated this is something in the future that can be put on the Town’s website.
Attorney Bromson stated in the past Councilman Ragno raised the issue of people moving into Connecticut, but they don’t register their vehicles in Enfield and then the Town loses the taxes that are due and owed. He noted many people are unconcerned about this because they feel if they get caught they’ll just register properly. He stated it’s not that simple because people run a huge risk for themselves and their families by doing this. He explained if a person registers in Massachusetts, they’re saying that vehicle is registered at a residence in Massachusetts, which is untrue, therefore, there could be criminal laws being violated. He stated more importantly, when people insure their vehicle, their contract with the insurance company says where that vehicle is garaged and how many miles are traveled to work. He noted if a serious accident occurs, insurance carriers do an investigation, and there’s the potential of violating the insurance policy if it’s learned the person was lying. He noted that person can be personally responsible for medical expenses or injuries. He stated perhaps this information can be put on the website.
Chairman Tallarita questioned if a person has a business-related car and it’s registered at the business that’s located out of town, is there an obligation for it to be registered where it’s parked. Attorney Bromson responded as long as the person is honest and learns what the rules in Massachusetts are, and the insurance company is aware of the situation, there won’t be a problem. He noted there are exceptions, and it’s a little different for businesses.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Mangini stated the NLC Finance Administrative Committee recently met, and they’re trying to coordinate the three levels of government – municipal, state and federal to somehow work out issues relative to taxing and to try and coordinate plans to eliminate or reduce unfunded mandates. She noted another topic they discussed had to do with the accounting of GASB-45, and they will have a new reporting standard due next year. She pointed out Enfield’s Director of Finance, Gregory Simmons, is on top of this.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL)
All Town Council appointments remained tabled.
APPOINTMENTS (TOWN MANAGER)
MOTION #8964 by Councilman Kaupin, seconded by Councilman Hilinski to remove Item #6 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8964 adopted 10-0-0.
MOTION #8965 by Councilman Kaupin, seconded by Councilman Mangini to reappoint Michael Nelson to the Fair Rent Commission for a term which expires 6/30/06.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8965 adopted 10-0-0.
Items C. and D. remained tabled.
MOTION #8966 by Councilman Kaupin, seconded by Councilman Mangini to remove Item E. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8966 adopted 10-0-0.
RESOLUTION #8967 by Councilman Mangini, seconded by Councilman Hilinski.
RESOLVED, that in accordance with Chapter VI, Section 14 of the Town Charter, the annual salaries and rates of pay for full time and part-time non-union benefited employees will be increased by one (1%) effective and retroactive to July 1, 2006, Full-time and part-time non-union benefited employees who receive ratings of “exceeds” on their annual evaluations will be eligible for an additional two (2%) merit increase in base pay effective and retroactive to July 1, 2006. At the discretion of the Town Manager an additional one-half percent (.5%) bonus, not included in base pay, may be awarded for exceptional service. This resolution is inclusive of the Chief, Deputy Chief and Captain of the Enfield Police Department; and the EMS Director, but exclusive of the Town Manager, EMS supervisors, paramedics and EMT’s; and seasonal and temporary non-benefit employees whose positions were addressed under Resolution 8209. The part-time kennel assistant will receive a 3% increase effective and retroactive to July 1, 2006.
Councilman Mangini requested clarification on the part-time kennel assistant, and Mr. Coppler stated his belief that may have been one of the positions that was left out before.
Councilman Kaupin voiced his support of this resolution. He noted the non-union personnel do deserve this increase.
Chairman Tallarita agreed with Councilman Kaupin. He stated his belief this is a fair and reasonable way to address non-union personnel.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #8967 adopted 9-1-0, with Councilman Nelson voting against the resolution.
MOTION #8968 by Councilman Lee, seconded by Councilman Mangini to remove Item f. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8968 adopted 10-0-0.
DISCUSSION RE: WAIVER/BIDDING ON CIP TEXTBOOK PURCHASES
Chairman Tallarita stated his belief the process that the School Department goes through to determine their textbook usage is an extensive process and there’s not a lot of competition for a bid process. He feels a bid for this purpose would be a waste of Town resources. He added he also believes the CIP allocation needs some controls. He suggested the Town Manger speak with the Superintendent. He noted rather than give a blanket approved, the Superintendent come forward with a specific purchase order, and if the price goes over a certain amount, it come before the Town Council. He stated his belief the Board of Education doesn’t need to come back to the Council for each and every purchase.
Councilman Edgar stated he is opposed to bid waivers. He requested the Town Attorney’s opinion as to the legality of the “freebies” given out by the textbook companies.
Councilman Nelson questioned who’s accounting for the freebies, and are those freebies in the best interest of the students and staff. He questioned what happens to those free items if there’s no accountability.
Councilman Ragno stated he does not have a problem with freebies as long as they are specifically for classroom use.
Councilman Kaupin voiced his support of the textbook selection process. He suggested perhaps in the future, they shouldn’t have textbooks in the capital fund.
Councilman Hilinski stated normally freebies include items such as the teachers’ edition or CD ROMs that relate to instructional materials. He pointed out textbooks are offered at catalog prices. He stated there are no tee shirts or items that teachers can take home. Freebies encompass classroom type materials. He noted they could encourage the School Board to come forward with large increments. He added perhaps they could show the Council the textbooks they wish to purchase.
Councilman Lee stated while he likes the idea of giving the Board and Business Manager the authority to make the smaller purchases, he is concerned that the idea of getting complimentary materials and items may be an issue. He noted if the free items appear to be more valuable than the textbooks, it seems they need to be documented. He noted he would like the Town Attorney’s opinion regarding this. He went onto note he has no problem at all with the textbook selection process. He stated his belief that putting some definition to what constitutes an RFP might be worth considering.
Councilman Nelson noted in an $18,000 book purchase, they’re getting $37,000 worth of free material. He stated this is a little bit more than a CD ROM to teach the book. He questioned what would add up to $37,000. He stated it seems they could bargain the price of the books down and tell the book company to keep their $37,000 worth of free items.
Councilman Crowley stated his belief it’s a moot point because they’re still buying the textbook from the same company, and if they want to throw in more material, then he’s in favor of it. He noted it was pointed out this is material for the classroom. He added he does not want the Board coming back every time they make a $25,000 purchase. He noted they can just come back and provide the whole list of books at one Council meeting, and they can address them all in one bid waiver rather than going through this process several times for all different types of books.
Chairman Tallarita agreed with Councilman Crowley. He noted he agrees with the selection process. He agreed no business gives anything away for free, and he believes it’s inherent within the cost. He noted it can be as simple as the Town’s Director of Finance submitting a resolution concerning certain books at a certain price and the waiver can be granted. He pointed out this will help them keep the checks and balances.
Councilman Mangini stated her belief they need to have the Board of Education account for their dollars. She agreed with Councilmen Crowley and Tallarita’s comments.
Chairman Tallarita stated there will be a joint meeting soon with the Board of Education to discuss the IT topic, and on that agenda, they can include the bid waiver topic so they can get answers to some questions.
Councilman Nelson stated his biggest concern has to do with the lack of inventory on all the free items.
Councilman Edgar stated the Charter has specifics, and he does not believe the Council should be waiving Charter provisions.
Chairman Tallarita stated the Council is not avoiding the Charter. He noted the Charter also allows the Council the ability to waive the bid process when it’s in the best interest of the Town. He pointed out they do not make these decisions lightly.
MOTION #8969 by Councilman Lee, seconded by Councilman Mangini to retable this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8969 adopted 10-0-0.
Item G remained tabled.
NEW BUSINESS
There were no Consent Agenda items.
Town Council and Town Manager appointments will appear on the next agenda.
Item D. will be addressed at a Special Meeting on Wednesday, October 18, 2006.
ITEMS FOR DISCUSSION
Items C., D., I., and J. will be discussed at a future meeting.
MISCELLANEOUS
RESOLUTION #8970 by Councilman Hilinski, seconded by Councilman Mangini.
RESOLVED, that the Enfield Town Council does hereby approve the job description for Lead Attendant I at the Water Pollution Control Plant and agrees to pay the position at the Attendant II rate of pay.
Mr. Coppler explained grievances were brought forward because of certain duties being conducted by an employee at Water Pollution Control. He noted through the negotiation process, they arrived at what they thought was a good settlement in terms of including those duties within the current job description, but at the same time increasing the rate of pay to accommodate those new duties.
Councilman Kaupin questioned what are the new duties for that position. Mr. Kazmarski stated this basically deals with interpreting test results, investigating sources of sewer problems and correcting those problems, assigning workers, taking remedial action to protect collection systems and implementing a maintenance schedule. He noted the biggest part of this is that this individual does monitor all of the testing results, and if he notices there’s a variation from what the standard is, he immediately brings it to the attention of the Water Pollution Control Superintendent.
Councilman Crowley questioned whether this will entail new training. Mr. Kazmarski responded no, this person has surpassed all of the minimum requirements for this position.
Councilman Maxellon stated it appears the person with the grievance is an Attendant I, and they’re giving him additional responsibilities which seem to make him an Attendant II, therefore, that’s why the salary is being increased. He questioned why they didn’t just make him an Attendant II instead of changing the system. Mr. Kazmarski stated this is an interim position because the Attendant II position requires some additional licensing and certification. He noted this is like a step in between. Mr. Coppler stated from the Human Resource standpoint, they felt the settlement of this is a better resolution than allowing the grievance to go forward.
Councilman Nelson questioned whether Mr. Kazmarski is satisfied with this settlement, and Mr. Kazmarski responded he was the one who proposed it.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #8970 adopted 10-0-0.
RESOLUTION #8971 by Councilman Mangini, seconded by Councilman Nelson
RESOLVED, that Town Manager, Matthew Coppler, is empowered to enter into and amend contractual instruments in the name and on behalf of the Town of Enfield with the Greater Hartford Transit District for Dial-A-Ride Operating Assistance Grant for 7-1-2006 thru 6-30-2007 and to affix the Corporate Seal.
Mr. Coppler explained this was not something that the Town was anticipating. He noted the Town received notice that they would be receiving this money, and this is merely accepting the agreement and allowing him to sign it.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #8971 adopted 10-0-0.
MOTION #8972 by Councilman Hilinski, seconded by Councilman Kaupin to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8972 adopted 10-0-0.
RESOLUTION #8973 by Councilman Kaupin, seconded by Councilman Mangini.
Present for this discussion was Peter Bryanton, Director of Community Development.
Mr. Bryanton stated a letter accompanying this resolution explains everything and why they’re requesting this transfer of funds. He noted they have a large amount of program income as explained in the memo. He explained in order to utilize their existing grant funds, they need to spend down that program income. He stated he would like to move $120,000 to the First Time Home Buyer Program, which has been very successful. He noted in the first year they started this, they spent down all the money, and they have nine new home owners. He stated they also partnered with Enfield Federal Savings and worked with them on four of the new homeowners. He stated his belief this is a good use of the money.
Councilman Kaupin stated the original write-up said re-programming $200,000, and now $120,000 was just mentioned. Mr. Bryanton explained they brought in a large amount of program income, which was the $120,000. He noted he is looking to redirect $200,000 of program income which keeps coming in because it’s a revolving loan program. He added they do have $300,000 in a new grant for the housing rehab program, therefore, both would be funded, and they have no problem spending the money.
Councilman Mangini commended Mr. Bryanton for doing such an excellent job with this program.
Councilman Lee also commended Mr. Bryanton and requested he come back to give an overview of all the different housing rehab programs and some of the details about applying for the First Time Home Buyer Program. Mr. Bryanton stated Thompsonville has a very low home ownership rate, and this program resulted in nine new homeowners, and some of those are multi-family homes. He stated his belief this is a big step in changing the socio-economics of Thompsonville and getting new homeowners into the area.
Councilman Ragno questioned if the specifics of the Homeowners Program is on the Town’s website, and Mr. Bryanton responded the guidelines and application are available on the website.
Councilman Nelson stated his belief this is a great program, however, he will abstain from the vote because he believes it’s a conflict of interest for him as a realtor because one of the names on the list was sold by his company.
Councilman Maxellon questioned if these first-time homeowner areas encompass just Thompsonville, and Mr. Bryanton responded Thompsonville and North Thompsonville because those areas are considered low/moderate income areas.
Chairman Tallarita expressed his appreciation to Mr. Bryanton for his good work. He noted these are great programs, and one of the main goals of the Council is to try to increase home ownership in the Thompsonville area.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #8973 adopted 9-0-1, with Councilman Nelson abstaining.
RESOLUTION #8974 by Councilman Mangini, seconded by Councilman Hilinski.
WHEREAS, the Town of Enfield participates in the CCM Energy Purchasing Program; and
WHEREAS, the Fire Districts located within the Town of Enfield have been authorized to participate in the Program and purchase electricity and natural gas through the Town; and
WHEREAS, the Fire Districts have indicated a desire to participate in the Program and purchase electricity and natural gas through the Town;
BE IT RESOLVED, that the Fire Districts may participate in the Program and may purchase electricity and natural gas through the Town;
BE IT FURTHER RESOLVED, that this approval is subject to the participating Fire District’s execution of the attached Agreement.
Councilman Maxellon stated this is more of a housekeeping clarification. He stated his understanding North Thompsonville did the bid process, went to make the purchase, and when it got to CCM, it was kicked back due to some legal language in the contract.
Mr. Coppler stated the language makes the Town liable for any payments not made. He noted based on legal counsel’s recommendations, they needed to clarify that to make sure that the fire district understands they would be responsible, and that’s why the agreement was put together. He added very late in the process the North Thompsonville fire chief recommended that this be open to all districts so that they don’t have to keep coming back and doing this when they decide to participate.
Councilman Nelson referred to the resolution and questioned if it should simply state “utilities”. He questioned what would happen if they have a mixed use furnace, which burns oil or natural gas. Mr. Coppler stated there was a lengthy discussion about that, but it was recommended they stick with those things offered by the CCM bid process, and that involves just natural gas and electricity.
Councilman Maxellon pointed out the fire departments currently purchase motor fuels from the Town. He stated the only two items really left are electricity and natural gas.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #8974 adopted 10-0-0.
RESOLUTION #8975 by Councilman Edgar, seconded by Councilman Mangini.
WHEREAS, Section 10-153d of the Connecticut Statutes empowers the Town Council to accept or reject the School Administrators’ contract; and
WHEREAS, on October 10, 2006 both the Enfield Board of Education and the Enfield School Administrator’s Association ratified the new contract; and
WHEREAS, the Council of the Town of Enfield believes it is in the best interest of the Town to accept the new contract.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield does hereby accept the School Administrator’s Contract for the three year period of July 1, 2007 to June 30, 2010.
Councilman Edgar stated it was a pleasure working on this contract with Craig Cooke, the Human Resource Director at Enfield Public Schools.
Chairman Tallarita expressed his appreciation to Councilman Edgar for his efforts and the hours he put in on behalf of the Town Council to make sure the Council’s interest were expressed within that contract negotiation.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #8975
adopted 10-0-0.
PUBLIC COMMUNICATIONS
There were no comments from the public.
COUNCILMEN COMMUNICATIONS
Councilman Lee questioned whether the guidebook to the revaluation process will be on the Town’s website, and if it is, can they increase the font size for easier reading. Mr. Coppler noted this was sent out through the Reminder. He noted they will see what they can do to make it easier to read when it goes onto the website.
Councilman Ragno stated on the assessment information for the revaluation, he noticed individual single family homes are included, but multi-family homes and condominiums are not included. Mr. Copper stated his understanding they will be putting all the properties on line.
Chairman Tallarita stated the Council received a request for intervention from a Booth Road resident. He requested the Town Manager make sure this is being addressed and that the resident understands it’s being addressed. Mr. Coppler stated that has already been assigned to staff.
ADJOURNMENT
MOTION #8976 by Councilman Crowley, seconded by Councilman Ragno to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #8976 adopted 9-0-0, and the meeting stood adjourned at 10:52 p.m. |