MINUTES ADOPTED AS PRESENTED 09/07/2010
ENFIELD TOWN COUNCIL
MINUTES OF A SPECIAL MEETING
MONDAY, AUGUST 23, 2010
The Special 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, August 23, 2010. The meeting was called to order at 8:10 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was said.
ROLL-CALL – Present were Councilmen Bosco, Dumont, Edgar, Hall, Kaupin, Keller, Kiner, Lee and Nelson. Councilmen Crowley and Mangini were absent. Also present were Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne Olechnicki; Town Attorney, Kevin Deneen; Director of Social Services, Pam Brown; Director of Public Works, Piya Hawkes; Community Development Director, Peter Bryanton; Director of Finance, Lynn Nenni
MOTION #1024 by Councilman Nelson, seconded by Councilman Hall to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1024 adopted 8-1-0.
RESOLUTION #1025 by Councilman Lee, seconded by Councilman Nelson.
Resolution to Appropriate $27,500,000 for Reconstruction
& Repair of Various Town Roads
copy appended
Chairman Kaupin explained this is a resolution to appropriate the $27.5 million dollars for costs related to the reconstruction and repair of various town roads and roadside elements, including sidewalks, pedestrian ramps and drainage facilities. He noted this would be $25 million dollars bonded out of the $27.5 million dollars.
AMENDMENT #1 by Councilman Nelson, seconded by Councilman Lee to amend the first sentence in SECTION 1 of the resolution to read as follows:
“That the Town of Enfield appropriate $27,500,000 for costs related to the reconstruction and repair of various Town roads and roadside elements, including sidewalks, pedestrian ramps and associated drainage facilities, in accordance with the Town of Enfield Pavement Management Update Report dated June 21, 2010.”
Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #1 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1025 adopted, as amended, by a 9-0-0 vote.
MOTION #1026 by Councilman Nelson, seconded by Councilman Keller to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1026 defeated by a 5-4-0 vote.
RESOLUTION #1027 by Councilman Nelson, seconded by Councilman Hall.
BE IT RESOLVED:
SECTION 1. That the following appropriation and bonding resolution approved by the Town Council heretofore at this meeting shall be submitted to a referendum vote on the voting machines or paper ballots by Town electors and qualified voters for approval or disapproval in conjunction with the election to be held on Tuesday, November 2, 2010 between the hours of 6:00 a.m. and 8:00 p.m. (E.S.T.):
Resolution to Appropriate $27,500,000 for Reconstruction and Repair of
Various Town Roads and Roadside Elements, and to Authorize the Issue of
Bonds, Notes or Temporary Notes in an Amount Not to Exceed $25,000,000,
With the Balance Funded By Grants and Other Available Funds.
SECTION 2. That the polling places used by the Town for the election shall be utilized by Town electors for purposes of the referendum vote on the voting machines or paper ballots. Voters qualified to vote who are not electors shall vote at the Enfield Town Hall in accordance with the procedures contained in Section 9-369d of the Connecticut General Statutes, which procedures the Town hereby chooses to apply. Absentee ballots will be available from the Town Clerk’s office.
SECTION 3. That the appropriation and bonding resolution approved above shall be placed upon the voting machines under the following heading:
QUESTION 1
“SHALL THE TOWN OF ENFIELD APPROPRIATE $27,500,000 FOR RECONSTRUCTION AND REPAIR OF VARIOUS TOWN ROADS AND ROADSIDE ELEMENTS, AND AUTHORIZE THE ISSUANCE OF BONDS, NOTES OR TEMPORARY NOTES IN AN AMOUNT NOT TO EXCEED $25,000,000 WITH THE BALANCE FUNDED BY GRANTS AND OTHER AVAILABLE FUNDS?
YES NO”
SECTION 4. That the Warning of the referendum vote shall state that the full text of the resolution adopted by the Town Council heretofore at this meeting is on file and open to public inspection in the Town Clerk’s Office.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1027 adopted 9-0-0.
RESOLUTION #1028 by Councilman Nelson, seconded by Councilman Hall.
BE IT RESOLVED:
SECTION 1. That, in their discretion, the Town Clerk is authorized to prepare a concise, explanatory text of the following appropriation and bonding resolution which, by vote of the Town Council, has been submitted to a referendum vote on the voting machines of the Town, and the Town Manger is authorized to prepare additional explanatory materials regarding said resolution, such text and explanatory materials to be prepared in accordance with Connecticut General Statutes Section 9-369b:
Resolution to Appropriate $27,500,000 for Reconstruction and Repair of
Various Town Roads and Roadside Elements, and to Authorize the Issue of
Bonds, Notes or Temporary Notes in an Amount Not to Exceed $25,000,000,
With the Balance Funded By Grants and Other Available Funds.
Councilman Lee questioned whether there will be a question and answer document that details the State Statute that talks about someone who may not be an elector of the Town since this is open to non-residents who may own property.
Mr. Chudwick stated that type of information can be included in the explanatory text.
Councilman Lee questioned if they can include the “do’s and don’ts” for officials. Mr. Chudwick suggested going onto the State’s website and reviewing all the State Election Enforcement Commission rules. He noted once this is sent to referendum, public monies cannot be spent except for unbiased materials. He stated if someone wants to promote or defeat this referendum, they have to be very careful about how they go about doing so.
Councilman Hall stated if they include the Director of Finance’s chart as part of the explanatory text, does that tie them into that retirement schedule, and does it tie their hands to that particular chart without leaving them any flexibility as to when they do go out to bond. Mr. Chudwick stated the bonding would be set up based on what the Town Manager and Finance Director want to do in the future. He noted it does not tie the Town’s hands in that respect. He added when that information is posted and included in an explanatory text, it should be labeled that it is an example of a possible bonding scenario with the understanding that it’s subject to change.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1028 adopted 9-0-0.
RESOLUTION #1029 by Councilman Nelson, seconded by Councilman Dumont.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: 0432 Child Development Center
Certified Salaries 22040432-512000 $59,221
Social Security 22040432-522000 2,979
Food 22040432-563000 54,000
FROM: 0432 Child Development Center
Part-Time Salaries 22040432-511000 $21,221
Medicare 22040432-522100 829
0432 Child Development Center Revenue
USDA Federal Grant 22044432-413650 $54,000
Client Fees 22040440-414400 40,150
CERTIFICATION: I hereby certify that the above-stated funds are available as of August 13, 2010.
A. Lynn Nenni, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1029 adopted 9-0-0.
RESOLUTION #1030 by Councilman Dumont, seconded by Councilman Nelson.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: 0440 Senior Center
Part-Time Salaries 22040440-512000 $19,388
Social Security 22040440-522000 3,846
Medicare 22040440-522100 176
FROM: 0440 Senior Center
Certified Salaries 22040440-511000 $ 7,225
0440 Senior Center Revenue
Recreational Program Fees 22040440-414250 $ 3,185
Client Fees 22040440-414400 1,000
Sales Cash 22040440-417010 2,000
Miscellaneous Contributions 22040440-417050 10,000
CERTIFICATION: I hereby certify that the above-stated funds are available as of August 13, 2010.
A. Lynn Nenni, Director of Finance
Councilman Hall questioned what comes under Miscellaneous Contributions. Ms. Brown explained miscellaneous contributions come from Friends of the Senior Center. Councilman Hall questioned how those contributions are generated. Ms. Brown stated some of the money comes from BINGO, and there are also fundraisers, and nearly $10,000 is raised from the annual health fair, which is a project of the Friends of the Senior Center. She added contributions are also made from the local community.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1030
adopted 9-0-0.
RESOLUTION #1031 by Councilman Nelson, seconded by Councilman Lee.
WHEREAS, the Town of Enfield has received funding from the State of Connecticut to acquire distressed properties that negatively impact the surrounding neighborhood due to blighted and or abandoned conditions; and
WHEREAS, the Office of Community Development has identified 8 South Street, 22 Central Street, 39 Whitworth Street, as properties that are having a detrimental impact on the surrounding neighborhoods and meet the criteria for acquisition outlined by the CDBG-R program; and
WHEREAS, the Enfield Town Council supports the purpose of the CDBG-R program and declares that it is in the best interest of the Town of Enfield to acquire these properties and mitigate the negative impact on the surrounding neighborhoods; and
WHEREAS, the Council must refer this proposed acquisition to the Planning and Zoning Commission for a report in conformance with the requirements of Connecticut General Statute 8-24;
NOW, THEREFORE, BE IT RESOLVED, that the proposed acquisition of 8 South Street, 22 Central Street, 39 Whitworth Street be referred to the Planning and Zoning Commission in conformance with the requirements of Connecticut General Statute 8-24.
Mr. Bryanton noted he was at a March Town Council meeting asking permission to purchase six properties. He stated those properties were 59 Garden Street, 98 Prospect Street, as well as a few others. He noted these properties were in poor condition and abandoned. He stated they have not been able to get the lending institutions to cooperate with the Town. He noted they then looked at properties where they could find people who would work with the Town. He pointed out those three properties are included in tonight’s resolution.
He explained the purpose of this program is to acquire properties that have fallen into foreclosure and have become abandoned or neglected. He noted the money was provided to the Town from the State last October. He stated they have approximately a half million dollars to work with. He noted the plan is to acquire these properties, renovate them and turn them back over so that they don’t sit vacant, and they can be re-purchased by families who wish to move into them and own a property. He stated at this time, he has purchase and sales agreements on two of the properties, and he’s still working on the third property.
Councilman Hall clarified these were not funds coming out of the General Fund or local tax dollars, and these are abandoned homes with no one living in them. Mr. Bryanton stated no one is living in two of these properties. He noted the third home is going through a foreclosure, but they are negotiating with the owners with the help of the bank to acquire the property. He pointed out those owners who are leaving have already secured other housing. Councilman Hall clarified the Town would not be closing on that property until the current residents have vacated that property, and Mr. Bryanton stated that’s correct.
Councilman Nelson questioned the status on the property on Belmont Avenue. He noted this property is in shambles. Mr. Bryanton stated he tried to contact the owners of that property, and they were not responsive to several inquiries. He explained he sends out a letter, which is a guide form and an offer to purchase at a fair market value. He noted the letter also informs the owner this would be a completely voluntary sale, and the Town would not take the property by eminent domain.
Councilman Edgar referred to 59 Garden Street and questioned what happened. Mr. Bryanton stated the owners have been non-responsive. Councilman Edgar stated he received an e-mail that something was finally starting to move on that property, and Mr. Bryanton stated he was not aware of that.
Councilman Edgar questioned the status on the Carpenter Street property. Mr. Bryanton stated that property is owned by a person in West Springfield. He noted he sent that person a letter, but he was non-responsive.
Councilman Edgar questioned how many of the three properties mentioned on the resolution received loans from the Loan Review Committee. Mr. Bryanton responded just one – 8 South Street. Councilman Edgar stated according to the photo, 8 South Street has now been completely cleaned up. He questioned if there’s a lien against that property for the clean up. Mr. Bryanton pointed out the owner cleaned up the property in anticipation of selling it to the Town.
Councilman Edgar questioned how these three properties were chosen. Mr. Bryanton stated 8 South Street was chosen because the Town provided funds through its First-Time Home Buyer Program, and the Town was notified when that property went into foreclosure. He noted the bank suggested working on a deal so that the Town might buy back that property. He went on to note that 22 Central Street sat vacant for quite some time, and that property also went through foreclosure. He noted that property is blighted and in need of a lot of repair. He stated he’s currently working on the Whitworth property. He noted that property will be an easy fix, and it will be easy to turn that property around.
Councilman Edgar questioned whether they attempted to do anything with 9 Margaret Street, and Mr. Bryanton stated they can’t do anything with that property because it’s not in Thompsonville, and funds can only be used in Thompsonville. Councilman Edgar stated his impression Margaret Street was part of Thompsonville. Mr. Bryanton stated he’s not familiar with that property.
Councilman Edgar stated his impression the purpose of going for the 8-24 is to get Planning & Zoning approval for this, and Mr. Bryanton stated his understanding that the Town cannot purchase any property without going through the 8-24 process.
Councilman Kiner stated he has to leave due to an engagement that was scheduled prior to this meeting. He noted he would like the record to show that he would have voted in favor of this resolution, as well as the next resolution.
Councilman Lee questioned whether the other properties are still making their way through the blight enforcement process. Mr. Bryanton responded yes.
Councilman Lee questioned with some of these homes being in the Thompsonville center district or historic district, is it through the Planning & Zoning process that recommendations for deed restrictions or anything else occurs. Mr. Bryanton stated he was told that any properties that the Town acquires have to go through the 8-24 process.
Councilman Lee stated when the Council was involved in some work at 54 Cottage Green, which had HUD funds involved, there was a part of the process where the Town included preservation requirements, or owner occupancy requirements. He questioned if this is determined by Mr. Bryanton’s office. Mr. Bryanton responded yes, that can be done through his office.
Councilman Lee questioned what the restrictions are on the program funds if there are proceeds at some point. Mr. Bryanton stated the application says they have to identify program income, which are monies that come back from any kind of loans or resales. He noted it would have to go back for the same purpose, i.e., they’d have to purchase properties that had fallen into foreclosure or became abandoned, and they would buy them and resell them. Councilman Lee questioned in the future will that responsibility remain with the Community Development office, or can an agent be designated for that type of activity. Mr. Bryanton stated they should do a sub-recipient agreement with an outside agency so that they act as the agent for the town.
Councilman Nelson questioned who determines the value of the sale when the property is sold. Mr. Bryanton stated these properties are sold at the same criteria as the First-Time Home Buyer Program, i.e., for a family of four, it’s $64,500. He noted that is a requirement because these are CDBG funds, therefore, it has to be low to moderate income. He stated the goal in Thompsonville is to have homeowner occupied units and not have rental units; therefore, this works in that direction to get more homeowners into Thompsonville. Councilman Nelson questioned does this mean that these homes will always remain owner-occupied, and Mr. Bryanton responded yes.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #1031 adopted 7-0-1, with Councilman Edgar abstaining.
RESOLUTION #1032 by Councilman Nelson, seconded by Councilman Hall.
WHEREAS, the Town of Enfield is located within the Hartford-Springfield Knowledge Corridor of Connecticut and Massachusetts; and
WHEREAS, the region including the Knowledge Corridor’s sustainability, quality of life and environment are threatened by a number of negative urban factors; and
WHEREAS, an innovative, regional and intergovernmental approach to planning and creating more sustainable and livable communities in the Knowledge Corridor is desirable; and
WHEREAS, the Knowledge Corridor and the region will be the beneficiary of new transit investment over the next 10 years presenting opportunities to create more sustainable communities in the region;
WHEREAS, a number of municipalities and organizations within the Knowledge Corridor of Connecticut and Massachusetts seek to work cooperatively to promote more positive urban factors and sustainable communities therein;
NOW, THEREFORE, BE IT RESOLVED THAT the Enfield Town Mayor is authorized to enter into and amend an agreement with the Capital Region Council of Governments (CRCOG) for the purpose of promoting sustainable communities in the Hartford-Springfield Knowledge Corridor of Connecticut and Massachusetts.
Chairman Kaupin stated this is an item they’ve been working on at the CRCOG level. He noted there’s funding coming to CRCOG. He noted based on the advocacy of certain people in Town, some efforts or planning initiatives of Enfield were covered in the grant.
Councilman Lee questioned if this can wait two weeks so that he has more time to review this. Chairman Kaupin stated he was notified a week and a half ago that this application had to be signed and into CRCOG by last week. He noted an e-mail went out to Council leadership asking if he could sign this and get it in based on the understanding that the Council will need to pass the resolution after the fact. He stated Council leadership said yes sign it, with the understanding that it would come before the Council at this meeting. He stated he does not know if this is not passed, if that then holds up the entire application.
Councilman Lee stated he is curious as to understand what the HUD funding binds the Town to in the future. He noted a consortium that should probably be focused on the economic development of the region, but instead lists as its first priority, “To counter the effects of climate change”, gives him pause. He noted for that reason, he would like to learn a little more about this. He stated his understanding the Knowledge Corridor as an initiative has had fits and starts, and he’s encouraged that there’s planning money and strong interest by the communities of the region to get together. He noted he’s very concerned that the focus of this might take Enfield to a place where they are bound to some of the activities that they’re already pursuing quite successfully. He stated if Enfield is in the throes of its own planning and development and finalizing its own document, this adds a layer to that process that he doesn’t feel Enfield is prepared to understand just yet. He noted to the extent that this might change Enfield’s Plan of Conservation and Development, he’d like more time to review this.
Chairman Kaupin stated three initiatives were submitted by the Town of Enfield, one of which was by Peter Bryanton and two by Ray Warren. He noted this was coming from Enfield’s Planning Department saying these are components that could benefit Enfield. He noted it’s not just CRCOG driving this, but rather Enfield asking if they could make this part of their application, which would be working in conjunction with efforts in Thompsonville.
Councilman Bosco agreed with Councilman Lee and questioned what happens if this resolution fails. He added he doesn’t know enough about this, and he may vote no. Chairman Kaupin stated if people do not feel they have enough information, they should wait until they have more information.
Chairman Kaupin stated if Councilmen have specific questions, they should forward those to the Town Manager or Ray Warren. He noted Mr. Warren was the person who submitted the project, therefore, he could best explain where money would go in the Town’s initiative, therefore, they will need additional information from Mr. Warren.
MOTION #1033 by Councilman Hall, seconded by Councilman Lee to table this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1033 adopted 7-1-0, with Councilman Nelson voting against the motion.
ADJOURNMENT
MOTION #1034 by Councilman Nelson, seconded by Councilman Hall to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #1034 adopted 9-0-0, and the meeting stood adjourned at 8:50 p.m.
Appended to minutes of
August 23, 2010 Special
Town Council Meeting
RESOLUTION TO APPROPRIATE $27,500,000 FOR RECONSTRUCTION AND REPAIR OF VARIOUS TOWN ROADS AND ROADSIDE ELEMENTS, AND TO AUTHORIZE THE ISSUE OF BONDS, NOTES OR TEMPORARY NOTES IN AN AMOUNT NOT TO EXCEED $25,000,000, WITH THE BALANCE FUNDED BY GRANTS AND OTHER AVAILABLE FUNDS
BE IT RESOLVED:
SECTION 1. That the Town of Enfield appropriate $27,500,000 for costs related to the reconstruction and repair of various Town roads and roadside elements, including sidewalks, pedestrian ramps and associated drainage facilities, in accordance Roadway management Stydy dated July, 2010. The appropriation may be expended for site improvements, design and construction costs, equipment, materials, professional fees, and for administrative, printing, legal and financing costs and other costs related to the project. The appropriation shall include any federal or state grants-in-aid received for the project.
SECTION 2. That the Town of Enfield finance the appropriation by (i) issuing the Town's bonds or notes in an amount not to exceed $25,000,000 (ii) using any federal, state or other grants-in-aid or other funds received for the project, (iii) using monies available in the unappropriated and unencumbered general fund cash balance (in accordance with the procedures in Chapter VI, Section 8(g) of the Town Charter), and (iv) using monies available from other sources as determined by resolution of the Town Council. The bonds or notes shall be issued pursuant to the Connecticut General Statutes, as amended, may be issued in one or more series in the amount necessary to meet the appropriation and shall mature not later than the twentieth year after their date of issuance. The bonds or notes may be sold as a single issue or consolidated with any other authorized issues of bonds or notes of the Town. The Director of Finance shall keep a record of the bonds or notes. The bonds or notes shall be signed in the name and on behalf of the Town by the Town Manager and Director of Finance and shall bear the Town seal or a facsimile thereof. The bonds or notes shall each recite that every requirement of law relating to its issue has been fully complied with, that such bond or note is within every debt and other limit prescribed by law, and that the full faith and credit of the Town are pledged to the payment of the principal thereof and the interest thereon. The terms, details and particulars of such bonds or notes shall be determined by the Town Manager and Director of Finance. Said bonds or notes shall be sold by the Town Manager and Director of Finance at public sale or by negotiation in their discretion.
SECTION 3. That the Town Manager and Director of Finance are authorized to issue temporary notes in anticipation of the receipt of the proceeds of said bonds or notes. The notes shall be signed by the Town Manager and Director of Finance and shall bear the Town seal or a facsimile thereof. The notes shall be issued with maturity dates in accordance with the Connecticut General Statutes, as amended. The notes shall each recite that every requirement of law relating to its issue has been fully complied with, that such note is within every debt and other limit prescribed by law, and that the full faith and credit of the Town are pledged to the payment of the principal thereof and the interest thereon. The net interest cost on such notes, including renewals thereof, and the expense of preparing, issuing, and marketing such notes, to the extent paid from the proceeds from the issuance of bonds or notes, shall be included as a cost of the project.
SECTION 4. That the Town hereby declares its official intent under Treasury Regulation Section 1.150-2 of the Internal Revenue Code of 1986, as amended, that project costs may be paid from temporary advances of available funds and that the Town reasonably expects to reimburse any such advances from the proceeds of borrowings in an aggregate principal amount not in excess of the amount of borrowing authorized for the project; that the Town Manager and Director of Finance are authorized to bind the Town pursuant to such representations and agreements as they deem necessary or advisable in order to ensure and maintain the continued exemption from Federal income taxation of interest on the bonds, notes or temporary notes authorized by this resolution, if issued on a tax-exempt basis, including covenants to pay rebates of investment earnings to the United States in future years; and that the Town Manager and Director of Finance are authorized to make representations and agreements for the benefit of the holders of the bonds, notes or temporary notes to provide secondary market disclosure information and to execute and deliver on behalf of the Town an agreement to provide such information with such terms and conditions as they, with the advice of bond counsel, deem necessary and appropriate.
SECTION 5. That the Town Council is authorized to appoint a building committee for the project, and to authorize said building committee to prepare drawings and specifications for the project, to construct the project, to contract with contractors and others on behalf of the Town for the project, and to approve design, construction and improvement expenditures. The Town Manager is authorized to apply for any federal, state or other grants-in-aid for the project and to accept or reject such grants on behalf of the Town. The Town Council, Town Manager, Director of Finance and other Town officials and employees are authorized to take all actions necessary and proper to carry out the project and to issue the bonds, notes or temporary notes to finance a portion of the appropriation.
SECTION 6. That this resolution shall take effect upon publication of its passage by the Town Council in a newspaper having a circulation in the Town, in the manner provided in the Town Charter, and when the same shall have been approved by a majority of those voting thereon at a referendum called and warned for such purpose. The date of such referendum shall be determined by resolution of the Town Council. In the event that this resolution shall not be approved at such referendum, it shall be null and void and of no effect. |