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MINUTES ADOPTED AS PRESENTED 04/02/2012
ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
MONDAY, MARCH 19, 2012
The Regular Meeting of the Enfield Town Council was called to order by Chairman Kaupin in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Monday, March 19, 2012. The meeting was called to order at 7:14 p.m.
PRAYER – The Prayer was given by Councilman Hall.
PLEDGE OF ALLEGIANCE – The Pledge of Allegiance was recited.
ROLL-CALL – Present were Councilman Arnone, Bosco, Crowley, Edgar, Hall, Kaupin, Kienzler, Lee, Mangini, Nelson and Stokes. Councilman Kienzler left at 10:10 p.m. Also present were Town Manager, Matthew Coppler; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne Olechnicki; Town Attorney, Kevin Deneen; Town Engineer, John Cabibbo; James Luczak, Civil/Environmental Engineer/Wetlands Agent; Director of Finance, Lynn Nenni; Acting Director of Public Works, Billy Taylor
FIRE EVACUATION ANNOUNCEMENT
Chairman Kaupin made the fire evacuation announcement.
MINUTES OF PRECEDING MEETINGS
MOTION #1718 by Councilman Mangini, seconded by Councilman Nelson to accept the minutes of the March 5, 2012 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1718 adopted 9-0-2, with Councilmen Hall and Bosco abstaining.
MOTION #1719 by Councilman Mangini, seconded by Councilman Nelson to accept the minutes of the March 5, 2012 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1719
adopted 9-0-2, with Councilmen Hall and Bosco abstaining.
SPECIAL GUESTS
Sergeant John Carney from the Enfield Police Department spoke to the Council about the Police Unity Tour, which honors fallen officers. He stated this event started in New Jersey in 1997. He noted $1.5 million dollars has been raised to help refurbish the memorial wall in Washington, D.C., contributes toward the museum and provides education and training in support of families who lost a family member. He stated the motorcycle ride is from New Jersey to Washington, D.C. and totals over 300 miles in four days. He noted everyone meets at the memorial wall in D.C. where a ceremony takes place. There will be a fundraiser on March 31st at 6:00 p.m. at the Windsor Locks Ramada Inn. The cost is $20 per person. Contribution checks can be made payable to the “Police Unity Tour” and sent to the Enfield Police Department.
Chairman Kaupin presented the Girl Scouts with a plaque in recognition of the 100-year anniversary of the Girl Scouts.
COUNCILMEN COMMUNICATIONS AND PETITIONS
Councilman Mangini reminded everyone the Enfield DAR is sponsoring a genealogy workshop at the Enfield Public Library on March 24th.
Councilman Crowley expressed appreciation to the Enfield High School boys’ basketball team for an exciting season. He also commended the coaches of this team. He pointed out they had a 25 and 1 season. He noted they had a great show of support at the games. He stated his hope the Town Council can present this team with something to recognize this accomplishment. Chairman Kaupin stated that can be arranged, and he suggested Councilman Crowley be the liaison with the coaches and team.
Councilman Kienzler questioned the status on the fallen wires on Washington and Brainard Road. He noted he took pictures at these locations. He stated his impression the utility companies are not responding to the town.
Councilman Bosco stated there are still some tree branches not being addressed in the vicinity of Moody and George Washington Roads.
Councilman Bosco stated Public Works is doing a good job keeping roads clean.
Councilman Nelson stated Enfield Girls’ Softball will begin their playing season on April 28th at the Whitney field. He noted this is a fully self-supporting organization. He stated they’re trying to raise money to install fencing, and they’re looking for donations. He stated his hope people will show up on opening day, April 28th to show their support. He noted anyone wishing to make donations may contact Michelle Olsen.
MOTION #1720 by Councilman Nelson, seconded by Councilman Mangini to suspend the rules to address under Miscellaneous Items 14 A1 to A3, B2, B3, C1, D, E, F, G, H and I.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1720 adopted 11-0-0.
Chairman Kaupin stated he participated in a business leaders’ luncheon on March 8th at Mass Mutual. He noted also present were Mr. Coppler, Dr. Gallacher and Timothy Neville. He stated some businesses in attendance included Lego, Eppendorf, Comcast, the Chamber of Commerce and Asnuntuck Community College. He noted this was a great meeting, which reached out to the business community to get support for education systems through joint ventures and career competencies. He noted there will be another meeting to actually start identifying what areas they can work on together.
Chairman Kaupin then listed upcoming events as follows:
- Tomorrow night – “Autism Happens” program at the Enfield Library – presenting a $1,000 donation for a summer reading program at the library
- Board of Education budget presentation to Enfield Town Council on March 26th at 6:30 at JFK Cafeteria
- Presentation of high school consolidation progress at Senior Center on March 29th
- Murder Mystery Dinner sponsored by Asnuntuck Community College to be held at Holiday Inn 6:00 p.m. on March 30th
- Scantic Spring Splash scheduled for March 31st. Shuttle bus provided between Fermi High School and Scantic River starting at 11:30. Registration for racers begins 9:00 a.m. People can bring a can of food for the Enfield Food Shelf
- Chairman Kaupin stated for those interested, he has tickets available for the Police Unity Tour fundraiser.
- Yard waste pick-up begins March 30th, but will not take place on Good Friday, April 6th.
Councilman Crowley stated the Enfield High School football team is holding a comedy night on March 23rd at Skyline Restaurant. Tickets are $25.00.
Councilman Lee stated there will be a Buzz Robotics competition at the Connecticut Convention Center in Hartford on Saturday, March 24th from 8:30 to 5:30. The event is free.
Councilman Lee stated the Enfield Foundation for Excellence is holding Enfield Idol auditions at Asnuntuck Community College on March 21st and March 22nd from 5:00 p.m. to 8:00 p.m. The event is planned for May 4th. Singers of all ages are welcome.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Coppler stated next Monday there will be a meeting with the Board of Education at JFK Middle School cafeteria at which time the Board will present its budget to Council.
He stated there will be a community conversation on the budget on April 5th at Henry Barnard School at 7:00 p.m. The public hearing on the budget is scheduled for April 25th at Enfield High School, after which time the budget will be turned over to the Town Council for deliberations.
Mr. Coppler then presented the proposed budget for Fiscal Year 2012-2013.
He stated the goal was for only a 1% increase, and most departments did keep their proposed budgets within that 1% increase.
Mr. Coppler spoke about revenue impacts. He noted the Governor proposed an increase of $525,000 in new state aid, however, he’s unsure how firm that number is. He pointed out $430,000 of that is an increase in Education Cost Sharing (ECS), which is a primary funding source for the Board of Education. He added tied to that is the Minimum Budget Requirement (MBR).
He stated there’s a resolution on this evening’s agenda related to Storm Alfred, which is the final appropriation for that storm’s cost. He noted in total they will have taken over $1.4 million dollars from the Undesignated Fund Balance as a result of this storm. He explained they try to keep the Undesignated Fund Balance in the 9% to 10% range. He stated based on numbers supplied by the Finance Director, the Town will probably end this year in the 8% range. He noted they should take appropriate action to make sure they can regain that percentage. He pointed out one of the revenue issues is that they included in the current budget year $2.8 million dollars from the Undesignated Fund Balance to balance the budget. He stated for 2013, that number has been reduced to $1.6 million dollars, therefore, that results in $1.2 million dollars of lost revenue that they have in this year’s budget.
Mr. Coppler stated the Town lost approximately 13% of its tax base based on the revaluation and this further reduces revenue.
He then spoke abut the expenditure side of the budget.
· This year there was a drop in the debt service by approximately $800,000
· There was a reduction in the tipping fee with an $11.00 per ton savings
· Increase in Health Insurance of 6%
· Contributions to other funds
· Increase to CIP
· 15% increase in workers’ compensation costs
Mr. Coppler stated they’re working diligently to see what the options might be as they try to lower workers’ compensation costs.
He stated the total General Fund revenues for this budget balance out to $115,608,244. He provided the following breakdown:
· 68% comes from taxes
· 29% from Intergovernmental State Aid
· 2% from fees collected
· 1% from the Undesignated Fund Balance
Mr. Coppler stated the Town’s proposed budget stands at $52,466,888, and the Board of Education budget stands at $63,141,356.
He gave a brief breakdown of the Town’s budget:
· General Government - $21 million dollars
· Public Works - $16 million dollars
· Public Safety - $12 million dollars
· Development Services - $1.2 million dollars
· Library Services - $1.6 million dollars
He reviewed other funds as follows:
· EMS - $3.1 million dollars
· WPC - $3 million dollars
· Social Services - $5.1 million dollars
· IT - $4 million dollars
Mr. Coppler stated the Town has not adjusted the mill rate in over five years. This proposed budget calls for a .9 mill increase, which will generate $2.6 million dollars.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Deneen stated the General Assembly is moving through its process, and there are a number of bills which impact all municipalities. He stated he will provide more information at the next Town Council meeting.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Mangini stated she attended the National League of Cities with Councilmen Hall, Stokes, Nelson and Kienzler. She noted the NLC has been lobbying very actively on behalf of municipalities. She stated the NLC has identified four key actions:
· Strengthening of the nation’s transportation infrastructure
· Modernizing education and workforce training systems
· Preservation of Community Development Block Grants
· Authorization for cities and towns to collect taxes that will promote online sales but bring the money back to the community
She noted they went to the Capitol to discuss the possibility of bringing some federal money to local community colleges to help get people back to work.
Councilman Mangini stated if anyone is interested, she brought back a lot of literature from the NLC Conference.
Councilman Stokes stated the Pre-Referendum Committee is meeting once per week. He noted they are looking at having a community conversation on April 3rd and April 5th. He stated they want to inform the public about what is going on and seek input from the public. He noted the architects are meeting with the committee. He pointed out the students that have been assigned to this committee have done superbly.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL & TOWN MANAGER)
All Old Business appointments remained tabled.
Items C. and D. remained tabled.
MOTION #1721 by Councilman Nelson, seconded by Councilman Kienzler to remove Item E. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1721 adopted 10-0-0. Councilman Hall absent at the vote.
RESOLUTION #1722 by Councilman Mangini, seconded by Councilman Kienzler.
WHEREAS, Chapter 14, Article IV of the Town Code of Enfield addresses property maintenance for properties within the Town of Enfield; and
WHEREAS, the Town Council has found this Article in need of refinement in order to more comprehensively address the concerns of the Town relating to the impact of blighted properties on the general health, safety, welfare and quality of life of the residents of the Town; and
WHEREAS, the Development Services Subcommittee of the Town Council, in cooperation with the Town Staff, has proposed amendments to Chapter 14, Article IV, Property Maintenance, to hold owners of blighted properties more accountable in order to provide relief to affected neighbors and to the residents of the Town of Enfield; and
WHEREAS, a Public Hearing was held on August 1, 2011 for Enfield residents to comment on the proposed changes; and
NOW, THEREFORE, BE IT RESOLVED, that the Enfield Town Council does hereby adopt the amended and revised, attached as “Attachment A” Chapter 14, Article IV, Property Maintenance.
Attachment Appended to Minutes
Councilman Lee offered amendments as follows:
Section 14-172, Part A-7, which amends “25% of any one exterior wall containing mold” to “50% of any one exterior wall containing mold or other fungus”.
Councilman Mangini questioned the reasoning for this change, and Councilman Kienzler stated it was the consensus that north facing exposures often turn green, and it was felt 25% was too low of an amount, and they did not want people getting cited in those instances.
Part 8, which amends “25% of any one exterior elevation or exterior wall with flaking, peeling, chipped or blistered paint which is visible to the public…” to “50%”.
Part 12, adding the descriptor “severe” to the definition of disrepair/abandonment of parking lots evidenced by cracks, potholes, fractured asphalt and cement, overgrown vegetation within the surfaces, pavement, medium or buffers.
Councilman Nelson questioned how this effects dirt parking lots. He noted there are dirt parking lots in Enfield, i.e., the dog park, fruit stand on Shaker Road, and probably others. Councilman Lee stated this wouldn’t apply if a person has a zone for a gravel parking lot.
Part 14, adding the words, “which pose a threat to neighboring properties or to the public safety” – this deals with dead, decaying or damaged trees.
Part 17 – Amended to read, “The overall condition of the premises visible from a public way or in plain view from an abutting property…”
Councilman Mangini stated she doesn’t want to see neighbors looking into neighbor’s backyards. Councilman Lee noted the statement, “in plain view” addresses that concern.
Section 14-177, Section (b) – amended to add wording in the second sentence as follows: “If the owner fails to correct the violation or provides a written plan of correction that is acceptable to the property maintenance inspector…”
Councilman Lee stated it needs to be recognized that some repairs may be major and may not be done in 30 days; weather might delay work getting done; the permitting process may prohibit work being completed; the sale of the property may prohibit or may not warrant that the current owner conduct that work. He noted it was the intent not to interfere with a bona fide transaction that will result in the ultimate remediation of the property.
Councilman Nelson voiced concern that this can hold up property closings. Attorney Deneen stated that will be up to the individual underwriting standards of the lender.
Councilman Nelson stated in this document he had asked that if a purchase and sales agreement is provided, there’s automatically a certain amount of time that the property is removed from any violations and the new owner is given a certain amount of time before he is cited for the same problem. He noted this section does not cover that because different attorneys and lenders have different practices.
Attorney Deneen stated his belief this wording would need to go in a different spot.
Councilman Stokes stated on Page 1, Section 14-171(b) it states, “This article prohibits any person in control of real property located in the Town of Enfield from allowing, creating, maintaining or causing to be created or maintained blighted premises.” He stated his impression the violation is actually against the person owning, therefore, once the property is transferred, the clock starts all over again if the Town wants to cite the new owner. Attorney Deneen stated his belief the citation is a personal citation. He noted the order to abate the condition goes to the real property itself.
Chairman Kaupin questioned where this wording should be placed and how should it be worded.
The Town Attorney suggested this wording be placed in Section 14-177 (b) as follows:
“If the owner fails to correct the violation or provide a written plan of correction, which may include a bona fide purchase and sale agreement which addresses the blighted conditions.”
MOTION #1722A by Councilman Kienzler, seconded by Councilman Mangini to accept amendments as presented.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1722A
adopted 11-0-0.
Councilman Stokes requested the Zoning Enforcement Officer come before the Council at some point to provide an update as to how this ordinance is working.
Councilman Nelson stated he will not support this resolution because he believes this is a gross misuse of the Town’s time to fight neighbor disputes. He noted if it states, “from a public roadway”, then the Town should get involved. He stated if it doesn’t state this, then it becomes a personal issue between neighbors. He feels this is government intrusion.
Councilman Crowley voiced his support of the ordinance and commended Councilman Lee for following through on this.
Councilman Mangini agreed with Councilman Crowley and thanked Councilman Lee for his work on this ordinance. She added she also agrees with Councilman Nelson’s comments.
Councilman Kienzler stated he will support this because he has been assured they will look at this every few months to be sure they are not involved in neighborhood squabbles about minor issues.
Councilman Bosco stated his belief this ordinance came a long way and they did a good job balancing the ordinance. He voiced concern about the fines and noted he’d prefer local fines rather than state fines.
Councilman Hall commended Councilman Lee for all his hard work on this ordinance.
Councilman Arnone voiced his support of the ordinance.
Councilman Edgar stated this helps the Zoning Enforcement Officer, and he supports it.
Councilman Lee thanked everyone for their team effort.
Chairman Kaupin stated his hope this doesn’t consider stacked wood as junk. He noted if it ever gets to that point, it’s time to revise this ordinance again. He pointed out this is a living document, and it’s something that Development Services should keep an eye on in the coming months. He stated the Town should only send issues to the state level as a last resort.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1722 adopted 9-2-0, with Councilmen Bosco and Nelson voting against the resolution.
Item F. remained tabled.
NEW BUSINESS
APPOINTMENTS (TOWN COUNCIL)
The Clean Energy Committee appointment will appear on the next regular meeting agenda.
ITEMS FOR DISCUSSION
The Zoning Board of Appeals (Alternate) appointment will appear on the next regular meeting agenda.
MISCELLANEOUS
MOTION #1723 by Councilman Lee, seconded by Councilman Nelson to accept the Consent Agenda. Transfer of Funds $900 Town Clerk Technology Services
Transfer of Funds $600 Town Clerk Printing & Reproduction
Transfer of Funds $600 Planning Professional Development
Copies Appended to Minutes
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1723 adopted 11-0-0.
APPOINTMENTS (TOWN COUNCIL)
NOMINATION #1724 by Councilman Nelson to appoint Alan Drinan (Ind) to the CRCOG-Regional Planning Commission for a term which expires 12/31/2012.
MOTION #1725 by Councilman Nelson, seconded by Councilman Stokes to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1725 adopted 10-0-0. Councilman Crowley absent at the vote.
Upon a ROLL-CALL vote being taken, the Chair declared Charles Duren appointed to the CRCOG-Regional Planning Commission by a 10-0-0 vote, Councilman Crowley absent at vote.
NOMINATION #1726 by Councilman Nelson to reappoint Lori Longhi (D) to the CRCOG-Regional Planning Commission as an Alternate for a term which expires 12/31/2012.
MOTION #1727 by Councilman Nelson, seconded by Councilman Stokes to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1727 adopted 9-0-0. Councilmen Crowley and Mangini absent at the vote.
Upon a ROLL-CALL vote being taken, the Chair declared Lori Longhi reappointed to the CRCOG-Regional Planning Commission as an Alternate by a 9-0-0 vote.
APPOINTMENTS (TOWN MANAGER)
MOTION #1728 by Councilman Nelson, seconded by Councilman Edgar to accept the Town Manager’s recommendation to appoint Donna Corbin Sobinski (D) to the Inland Wetlands and Watercourses Agency for a term which expires 6/30/2015.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1728 adopted 9-0-0.
RESOLUTION #1729 by Councilman Nelson, seconded by Councilman Kienzler.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: General Fund Miscellaneous Expenses $2,200,000
FROM: Appropriation General Fund Balance 550,000
Revenue FEMA Reimbursement 1,650,000
CERTIFICATION: I hereby certify that the above-stated funds are available as of March 2, 2012.
/s/ A. Lynn Nenni, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1729 adopted 11-0-0.
RESOLUTION #1730 by Councilman Lee, seconded by Councilman Mangini.
BE IT FURTHER RESOLVED, that in keeping with the long standing tradition of the Enfield Beautification Committee, the Enfield Town Council specifies that any donations received by the Enfield Clean Sweep will be committed towards the operational costs related to the Enfield Beautification/Clean Sweep.
Councilman Lee questioned if there has been a resolution to the funds that Clean Sweep believes were taken out of their account over the last couple years. Mr. Coppler noted he’s not sure whether or not there’s been a resolution to that.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1730 adopted 11-0-0.
RESOLUTION #1731 by Councilman Hall, seconded by Councilman Lee.
WHEREAS, Revenue Account #23004000-460640 was established to accept income collected for the Records Preservation fund established by the General Assembly, and
WHEREAS, it is necessary to establish an expense account to allow for the expenditure of these funds;
NOW, THEREFORE, BE IT RESOLVED, that the Enfield Town Council establishes Expense Account #23006064 to allow for the use of these funds.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1731 adopted 11-0-0.
RESOLUTION #1732 by Councilman Lee, seconded by Councilman Mangini.
WHEREAS, the Enfield Town Council and staff participated in a process to establish a set of goals for the Council Term of 2011 to 2013; and
WHEREAS, as a result of the goal setting process, the Enfield Town Council developed specific goals that encompass the areas of: maintaining existing infrastructure and facilities, education, public safety, economic development, and quality of life; and
WHEREAS, the Enfield Town Council desire to officially adopt the developed goals by way of resolution;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council does hereby adopt the following goals and instruct Town Staff to dutifully pursue these goals throughout the course of their work:
Maintaining Existing Infrastructure and Facilities
1. Develop user fee based funding system for the Water Pollution Control Fund and present to Town Council by December 31, 2012.
2. Develop facility use plan that addresses existing issues at the Police Department regarding the men’s and women’s locker rooms and the employee fitness area by April 30, 2012.
3. Develop energy efficiency plan for all Town buildings within six months.
4. Divest ownership of Thompsonville Village Center.
5. Develop plan to relocate Recreation Department to Alcorn by April 30, 2012.
6. Resolve ownership issue with and create redevelopment plan for the Strand Theater by November, 2013.
7. Develop analysis that quantifies cost of demolition of Higgins School building as well as proposing possible landscaping of resulting vacant property.
8. Develop Capital Improvement project for WPC taking into account current and future needs.
Education
1. Place on the November, 2012 ballot a referendum for necessary improvements to Enfield High School to allow for consolidation of Fermi and Enfield High Schools.
2. Engage Board of Education and community businesses on early childhood education to workforce development.
Public Safety
1. Encourage a shared services model related to training, equipment, and dispatch for Police and EMS.
2. Placement of EMS resources in eastern part of Enfield by November, 2013.
Economic Development
- Appoint task force to review Town permitting processes and make recommendations back to Town Council by April, 2013.
- Create preferred developer request for qualifications for Thompsonville by July 1, 2013.
- Continue current path to develop the Thompsonville Transit Center, including efforts to establish rail station at same location.
- Creation of a proactive and comprehensive economic development plan by July 1, 2013.
Quality of Life
- Develop library space needs plan by December 31, 2013.
- Work with community based athletic organizations to develop and utilize the Frank Mancuso Recreation Facility.
Councilman Kienzler questioned if they received final clarification on future use of the Higgins building as concerns the will, and Mr. Coppler responded there is nothing prohibiting the Town from doing anything it wishes with that property.
Councilman Stokes stated he will be abstaining from the vote on this item due to a possible conflict of interest concerning one of the items within the resolution.
Councilman Lee stated he’s very satisfied with the process that the new Town Council went through to arrive at these goals. He thanked the Town Manager for facilitating this process. He added he’s also glad to see they put dates on these items. He added his hope they can report progress on these items on an on-going basis.
Chairman Kaupin stated he appreciates everyone’s input during this process.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1732 adopted 10-0-1, with Councilman Stokes abstaining.
RESOLUTION #1733 by Councilman Nelson, seconded by Councilman Kienzler.
RESOLVED, that the Town Manager, Matthew W. Coppler, is authorized to submit an application to the State of Connecticut Department of Emergency Services & Public Protection on behalf of the Town of Enfield for the Hazard Mitigation Grant Program and to affix the Corporate Seal.
Mr. Vindigni stated the federal government has appropriated funding for hazard mitigation programming. He noted this helps reduce vulnerability to future problems, i.e., flooding concerns. He stated following is a presentation regarding the Freshwater Brook.
Mr. Cabibbo stated they looked at a project that would address the Freshwater Brook. He displayed several photographs/illustrations of the Freshwater Brook and Freshwater Pond. He pointed out this whole area is very flat, which is a big part of the problem. Mr. Vindigni stated this flood zone encompasses residential areas, the central business area, transportation areas, including Route 91 and Route 5.
Mr. Cabibbo stated Lynch Terrace and O’Hear Avenue were impacted by the 2005 flood. He displayed photos of those areas that had major flooding issues during the 2005 flood. He noted brush/debris in the brook exacerbated the flooding problem. He stated state standards for culverts dictate they pass only the 50-year storm because culverts designed for 100-year storms are very expensive.
Mr. Cabibbo stated in some cases debris-ladened areas of Freshwater Brook go through private properties. He added the debris in the brook also causes a build up of sediment. He stated they are proposing the same type of channel project as was undertaken for Beeman’s Brook. He noted Freshwater Brook needs to be cleared of debris and sediment, and the channel needs to be reshaped. He stated the Beeman’s Brook project cost was $390,000, and that was a smaller project. He pointed out Freshwater Brook is twice as long and much wider, bringing the cost much higher.
Mr. Vindigni stated they are pursuing a 75/25 matching grant. He noted the Town can use in-kind services for removal of debris, and that would then be the Town’s match for this funding. He pointed out this is a $5.6 million dollar project. He stated if the Town can get this funding, they’ll be able to reduce the risk of future flooding.
Mr. Cabibbo stated their goal is to take care of the smaller storms.
Mr. Vindigni stated there were some cases of flash flooding, but it didn’t get as bad as in the past, and that is because of some of the work that has been done.
Councilman Nelson suggested getting a permanent easement so the Town can access the brook from private property because they will have to continuously clear out the brook.
Councilman Lee questioned whether staff has seen any updates from the State DOT on the status of the Route 5 bridge. Mr. Vindigni responded no.
Councilman Lee questioned whether these funds might be awarded within the next 12 months. Mr. Vindigni stated his belief they will get notice of the award within 12 months. Mr. Vindigni pointed out a lot of work would still have to be done in order to get easements.
Councilman Lee questioned if the Town engaged the private property owners to mitigate the problem on their own property, could they count that in the application, and Mr. Vindigni responded no.
Councilman Crowley commended staff for taking a proactive step. He questioned if there’s funding for the bridge at Route 5, and Mr. Vindigni stated about $600,000 has been earmarked for that area.
Councilman Crowley questioned what will happen if Enfield doesn’t get this money, and Mr. Vindigni stated they could use in-house personnel to clean debris from the brook.
Councilman Crowley stated his belief they did a great job with Beeman’s Brook.
Councilman Crowley voiced concern about the serious erosion problem west of Freshwater Pond. He questioned if this area will be part of the project, and Mr. Coppler responded no, that is a different project.
Councilman Crowley questioned whether these monies would be used for the brook area closer to the river, and Mr. Coppler stated the transit proposal might result in addressing that area.
Councilman Kienzler questioned how much the in-kind services would amount to, and Mr. Vindigni responded he’s not prepared to answer that until more information is available.
Councilman Kienzler stated if the Town decides to do this project, can they take a couple years to complete it, and Mr. Vindigni responded yes.
Councilman Arnone agreed with Councilman Nelson in that the Town should be able to have access to the brook in the future.
Councilman Edgar stated it took four years to get Beeman’s Brook done. He questioned if anyone considered the Army Corps of Engineers’ involvement and how that might delay things. Mr. Vindigni stated Mr. Luczak will be involved with this, and he’s experienced with the Army Corps of Engineers.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1733 adopted 10-0-0. Councilman Kienzler absent at the vote.
RESOLUTION #1734 by Councilman Nelson, seconded by Councilman Mangini.
WHEREAS, the Town has received the resignation of Thomas Vaghini from the Pre-Referendum High School Consolidation Committee;
WHEREAS, John Coccia is unable to fulfill the duties as one of the School Administrator Representatives;
NOW, THEREFORE, BE IT RESOLVED, that in accordance with Resolution No. 1683, the Enfield Town Council does hereby appoint the following individual to fill the vacancies caused by the resignations on the Pre-Referendum High School Consolidation Committee:
· Wendy Osata, Parent Representative, to serve as the Parent/Resident Representative who has been recommended by the Town Council/Board of Education Strategic Planning Committee.
· Brien Brown to serve as the School Administrator Representative to replace John Coccia who has been recommended by the Superintendent of Schools.
Chairman Kaupin stated Wendy Osata was rated highly for the appointment.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1734 adopted 10-0-0.
PUBLIC COMMUNICATIONS
There were no comments from the public.
COUNCILMEN COMMUNICATIONS
Councilman Nelson stated a resident contacted him regarding a building permit he pulled and paid for. He noted that permit was rejected, and this person is concerned because his check was cashed by the Town. He requested this be checked into. Mr. Coppler noted the Town is supposed to cash the check.
Councilman Mangini requested staff look into adjusting the heating/cooling system of Council Chambers.
Chairman Kaupin stated a resident informed him that trash was not picked up on Guild Street. He requested DPW go back and take care of that street.
Chairman Kaupin questioned when the Town’s delinquent tax list will go up, and Mr. Coppler responded it will be up within the week.
ADJOURNMENT
MOTION #1735 by Councilman Stokes, seconded by Councilman Hall to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1735 adopted 10-0-0, and the meeting stood adjourned at 10:15 p.m.
Appended to minutes
Of March 19, 2012
Regular Town Council Meeting
PROPERTY MAINTENANCE ORDINANCE
Section 14-171. Purpose and Declaration of Policy
(a) This article is enacted pursuant to C.G.S. §§ 7-148(c)(7), 7-148aa, and 7-152c as amended and is considered a blight ordinance.
(b) This article prohibits any person in control of real property located in the Town of Enfield from allowing, creating, maintaining or causing to be created or maintained blighted premises. This article also establishes penalties for violations.
Section 14-172. Definitions
For the purpose of this article the following terms shall have the meanings set forth herein unless the context clearly indicates a different meaning.
(a) Blight means premises containing any one of the following conditions:
1. It has been determined by the Town building official, director of health, fire marshal, Town engineer, zoning enforcement officer, or other appropriate official, as designated by the Town Manager, acting within the scope of their authority, that a condition exists that poses a serious or immediate threat to the health, safety or general welfare of the community.
2. Missing or boarded doors or windows for a period of more than 90 (ninety) days. Should boarded windows or doors be necessary for any additional period up to 180 (one-hundred eighty) days, a valid building permit is required.
3. Collapsing or missing exterior walls, roofs, floors or foundations.
4. Collapsing or damaged exterior features which may include, but are not necessarily limited to, stairs, ramps, porches, handrails, railings, hatchways, chimneys, metal smoke stacks, attic vents or floors.
5. Exterior walls which contain holes, fractures, breaks, loose or rotting materials.
6. Severely damaged, cracked, broken or missing siding, stucco, brick, stone or clapboards.
7. Twenty-five Fifty percent of any one exterior wall containing mold or other fungus.
8. Twenty-five Fifty percent of any one exterior elevation or exterior wall with flaking, peeling, chipped or blistered paint on any one exterior elevation which is visible to the public; or having exterior paint which is chipped, blistered, flaking or peeling on more than one wall.
9. Unrepaired fire, wind, or water damage.
10. Rodent harborage and or infestation.
11. Persistent garbage, refuse or trash.
12. Parking lots in a state of severe disrepair or abandonment, evidenced by cracks, potholes, fractured asphalt and cement, overgrowth of vegetation within the surfaces, pavement or macadam, or medians and buffers.
13. Shrubs, hedges, grass, and plants that have been left in an unkempt manner by covering or blocking 50 (fifty) percent or more of the structure, its windows, doors or means of access.
14. Dead, decayed, or damaged trees which pose a threat to neighboring properties or to the public’s safety.
15. Grass, weeds or similar growths reaching a height greater than 12 inches. Nor shall the owner of any undeveloped premises allow any grass, weeds, or similar growths thereon greater than 12 inches in height to remain within 25 feet of a street line or any adjoining property line of any premises with a building or dwelling location thereon whether said building or dwelling is occupied or not. Maintained gardens, including flowers and vegetables are excluded from this subsection.
16. Graffiti or vandalism.
17. The overall condition of the premises, visible from a public way or in plain view from an abutting property, causes an adverse impact on the enjoyment of or value of neighboring properties.
18. The storage of junk occupying a total cumulative area of 100 square feet.
(b) Building means any structure having a roof and intended for shelter, housing, or enclosure of person, animals or materials. Any other structure eight (8) feet or more in height shall be considered a building, including a solid fence or wall, but excluding a public utility pole or flag pole.
(c) Citation Hearing Officer means any individual appointed pursuant to C.G.S. § 7-152c to hear contested cases.
(d) Housing Blight means residential premises containing any of the conditions enumerated in section 14-172(a) and in violation of section 14-173 herein.
(e) Junk means a worn out, cast off, or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use and or material including but not limited to household appliances, parts of motor vehicles, furniture, equipment, building materials and refuse.
(f) Public Nuisance means any premises containing any of the conditions enumerated in section 14-172(a).
(g) Person means any individual, corporation, or other legal entity capable of occupying, owning or possessing real property.
(h) Premises means a platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon, or any part thereof. The term “premises,” where the context requires, shall be deemed to include any building, dwellings, parcels or land or structures.
(i) Property Maintenance Inspector means any individual appointed by the Town Manager for purposes of enforcing this article.
(j) Structure means anything constructed or erected which requires location on the ground or attached to something having location on the ground, including signs and billboards, but not including fences or walls used as fences, provided such fence or wall is less than eight (8) feet in height.
(k) Town means Town of Enfield.
Section 14-173. Blighted Premises Prohibited
(Formerly part of §14-174)
(a) No person owning real property shall cause or allow blighted premises to be created, nor shall any such person allow the continued existence of blighted premises. Blighted premises are prohibited. Such creation or maintenance of blighted premises shall be considered a public nuisance and shall be prohibited and shall subject such person to enforcement and penalties pursuant to this ordinance.
(b) Any building, structure, premises or any part of a structure that is a separate unit, in which exist any one or any combination of the conditions defined as blight in section 14-172 shall be deemed to be blighted.
Section 14-174. Exemptions
(Formerly § 14-173)
The following properties shall be exempt from the application of Section 14-172 (a)(14) and (15):
1. Agricultural lands pursuant to C.G.S. § 22-3(b).
2. Land dedicated as public open space.
3. Land preserved in its natural state through conservation easements or conservation restrictions.
4. Areas designated as buffers by land use agencies.
5. Upland review areas, wetlands and watercourses.
6. Those lots with slopes in excess of 15 (fifteen) degrees or escarpments left to grow wild provided they are keeping with the established setting and natural character of the neighborhood.
(a) All premises owned by the Town of Enfield are exempt from the provisions of this ordinance.
Section 14-175. Designated Enforcement Officer
(Formerly § 14-176)
The Property Maintenance Inspector is charged with the enforcement of this article and is hereby authorized to take such enforcement actions as specified herein.
Section 14-176. Violation Complaints
Complaints of alleged violations shall be submitted in writing, including electronic mail or citizen request procedure available at www.enfield-ct.gov, and shall be signed by the individual making the complaint, including electronic signature.
Section 14-177. Notice of Violation
(Formerly § 14-175)
(a) The Town, through its Property Maintenance Inspector, shall serve written notice to the person responsible for the blighted premises. The notice may be hand-delivered or mailed by certified mail, return receipt requested, to the last known address of the owner. A copy of the notice shall also be sent to the lien holder of the property per C.G.S. § 7-148gg.
(b) Such notice shall state the violation and demand its abatement within 30 (thirty) calendar days. If the owner fails to correct the violation, or provide a written plan of correction which may include a bona fide purchase and sale agreement which addresses the blighted condition that is acceptable to the Property Maintenance Inspector, the Property Maintenance Inspector may issue an enforcement citation as specified herein.
(c) If the person responsible for the blighted premises cannot be ascertained or does not accept delivery of the written notice, the notice shall be published once in a newspaper having a substantial circulation in the Town. The notice shall include the name of the last known owner of the real property upon which violation has been found and the address of the real property.
Section 14-178. Enforcement Citation
(a) If any violation remains unabated after 30 (thirty) days, the Property Maintenance Inspector is hereby authorized to issue a citation to the violator in accordance with this article. The citation will require immediate payment.
(b) Failure to remedy the violation shall subject the violator to criminal penalties as permitted by statute, including referral to the State’s Attorney’s Office for criminal prosecution.
Section 14-179. Penalty for Violation
(Formerly § 14-177)
(a) Violations of the provisions of this ordinance shall be punishable by a fine of no less than [$75 (seventy-five dollars)] each day the violation continues after the date of the citation. Each day of each violation shall constitute a separate offense subject to the established [$75 (seventy-five dollar)] fine.
(b) If a hearing is requested pursuant to section 14-180 herein and the Citation Hearing Officer finds liability, fines assessed shall accrue from the date of the issuance of the citation.
Section 14-180. Citation Procedure
(Formerly § 14-179)
Any person issued a citation pursuant to this article shall be entitled to a hearing to contest the citation pursuant to the provisions of C.G.S. § 7-152c. The request for a hearing shall be made to the Town Manager. If any person so cited chooses not to timely request a hearing, he shall be deemed to have admitted liability. The Town Manager shall appoint a Citation Hearing Officer. The Citation Hearing Officer shall not be a police officer, any other Town employee or any person who has the authority to issue citations.
Section 14-181. Notice of Penalty Assessment with Clerk of Superior Court.
(Formerly § 14-183)
If enforcement citation fines levied in accordance with this chapter are not paid within 30 (thirty) days, despite proper notice to the person found liable, the Citation Hearing Officer shall file a certified copy of the unpaid fines with the clerk of the superior court. Notice with the clerk of the superior court shall be filed within 12 months. The clerk shall enter judgment in favor of the Town. The judgment shall have the effect of a civil money judgment, and a levy of execution of such judgment may issue without further notice to such person.
Section 14-182. Appeal of Penalty Assessment to Superior Court
(Formerly § 14-184)
A person against whom a judgment has been entered is entitled to judicial review in accordance with the provisions of C.G.S. § 7-152c.
Section 14-183. Recording of Lien
(Formerly § 14-180)
(a) Any unpaid imposed fine for housing blight violations shall constitute a lien upon the real estate in accordance with C.G.S. § 7-148aa. Each lien shall be continued, recorded and released as provided for in C.G.S. § 7-148aa.
(b) Any unpaid imposed fine for a blight or public nuisance violation, other than housing, shall be enforced in accordance with the Connecticut General Statutes, including the filing of a judgment lien when appropriate.
(c) Any unpaid costs associated with bringing the premises into compliance per section 14-184 herein shall constitute a lien upon the real estate in accordance with C.G.S. § 49-73b. Each lien shall be continued, recorded and released as provided for in C.G.S. § 49-73b.
Section 14-184. Municipal Performance
(Formerly § 14-181)
(a) The Town may take such steps as are necessary to abate blight on any premises in violation of this article.
(b) In addition to any civil or criminal penalties as permitted by statute, the Property Maintenance Inspector is authorized to institute any and all legal proceedings before the superior court to compel compliance with this article.
(c) In the event that the Property Maintenance Inspector prevails in any legal proceedings provided for herein, the violator shall be liable for all costs of bringing the property into compliance, and shall further be liable for all legal costs incurred by the Town in bringing the property into compliance, including its reasonable attorney’s fees.
Section 14-185. Pending Special Permit, Site Plan or Property Sale Exception
(Formerly § 14-182)
Any blighted premises for which a special permit or site plan application for improvements to the blighted premises is pending, or which has been sold to a bona fide purchaser shall be exempt from the provisions of this ordinance for a period of 30 (thirty) days from the date of submittal of a complete application to the Town’s Planning and Zoning Commission or from the date of sale.
Section 14-186. Minimum Standards
(a) The provisions in this article shall not be construed to prevent the enforcement of other statutes, codes, ordinances or regulations which prescribe standards other than are provided for in this article.
(b) In any cases where a provision of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance, regulation or other code of the Town or State, the provision which establishes the higher standard for the promotion and protection of the health and safety, and property values of the residents shall prevail.
(c) This article shall not affect violations of any other ordinance, code or regulation existing prior to the effective date of this code, and any such violations may be governed and continue to be punishable under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed.
Section 14-187. Responsibility for Compliance
[NEW]
All persons subject to this article shall be jointly and severally obligated to comply with the provisions of this article. Whenever the person, as herein defined, is a corporation or other legal entity, the officers thereof shall be jointly and severally responsible with that corporation or other legal entity.
Appended to minutes
Of March 19, 2012
Regular Town Council Meeting
ENFIELD TOWN COUNCIL
REQUEST FOR TRANSFER OF FUNDS
RESOLUTION NO. ________
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made.
TO: 1600 Town Clerk
Technical Services 10160100-534000 $900.00
FROM: 1600 Town Clerk
Advertising 10160100-554000 $900.00
CERTIFICATION: I hereby certify that the above-stated funds are available as of
March 9, 2012.
A. Lynn Nenni, Director of Finance
APPROVED BY: ______________ Town Manager Date: _________
ENFIELD TOWN COUNCIL
REQUEST FOR TRANSFER OF FUNDS
RESOLUTION NO. ________
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made.
TO: 1600 Town Clerk
Printing and Reproduction 10160100-555000 $600.00
FROM: 1600 Town Clerk
Health Medical Insurance 10160100-521000 $600.00
CERTIFICATION: I hereby certify that the above-stated funds are available as of March 8, 2012.
A. Lynn Nenni, Director of Finance
APPROVED BY: ______________ Town Manager Date: _________
Appended to minutes
Of March 19, 2012
Regular Town Council Meeting
ENFIELD TOWN COUNCIL
REQUEST FOR TRANSFER OF FUNDS
RESOLUTION NO. ________
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made.
TO: Planning & Development
Professional Development 10606100 532200 $ 600
FROM: Planning & Development
Printing & Reproduction 10606100 555000 $ 400
Dues and Fees 10606100 581000 $ 200
CERTIFICATION: I hereby certify that the above-stated funds are available as of March 1, 2012.
A. Lynn Nenni, Director of Finance
APPROVED BY: __________________________ Town Manager Date: _______
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