EENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
DECEMBER 15, 2003
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, December 15, 2003. The meeting was called to order at 7:30 p.m.
PRAYER - The Prayer was given by Councilman Edgar.
PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was said.
ROLL-CALL - Present were Councilmen Crowley, Edgar, Egan, Fiore, Kaupin, Mangini, Peruta, Reveruzzi, Tait and Tallarita. Councilman Dodd entered the meeting at 8:05 p.m. Also present were Town Manager, Scott Shanley; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne Olechnicki; Town Attorney, Christopher Bromson; Director of Public Works, John Kazmarski; Director of Information Systems, Charlene Bond; Director of School Facilities, Arthur Pongratz
FIRE EVACUATION ANNOUNCEMENT
Chairman Tallarita made the fire evacuation announcement.
MINUTES OF PRECEDING MEETINGS
MOTION #6877 by Councilman Edgar, seconded by Councilman Tait to accept the minutes of the December 1, 2003 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6877 adopted 10-0-0.
MOTION #6878 by Councilman Kaupin, seconded by Councilman Mangini to accept the minutes of the December 1, 2003 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6878 adopted 10-0-0.
PUBLIC COMMUNICATIONS & PETITIONS
Esther Hannum, 16 Copper Drive
Referred to the Town Charter and stated the Council is the Board of Directors for the Town of Enfield, elected by the voters. The Council elects the Chairman of the Board of Directors, not the voters. The Chairman of the Board of Directors is titled “Mayor”, but it’s a ribbon-cutting ceremonial mayor, not a CEO. The Chief Executive
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Officer is the Town Manager. The Chairman and the Board of Directors should go to the Town Manager with the Board’s wishes only after there’s been a vote on the issue by the Board of Directors.
Ms. Hannum stated many years ago the Senior Citizen Bus Committee was formed. She noted they began with one bus, but now they have five and ridership is no longer limited to elderly and senior citizens. She explained one of the Committee’s policies is that there shall always be a live person answering their telephone. She noted it’s frustrating for an elderly person to have to deal with an answering machine. She stated when the town of East Hartford took over the bus service, it became defunct. She noted she does not want this happening to Enfield’s bus service. She pointed out the Senior Citizen Bus Committee has had 30 years of experience and knowledge in this area and she does not want to see it interfered with. She stated if the Town does not feel something is being done right, they should come to the Senior Citizen Board of Directors to discuss issues. She concluded stating if it isn’t broken, don’t fix it.
Robert Davis, 211 Hazard Avenue (President of the Senior Citizen Bus Committee)
Mr. Davis read a statement. (Copy appended)
He stated they would like to hear from the Town Council as soon as possible.
Donald Christmas, 25 Lincoln Street
Stated since he has purchased his home, he has had problems with a neighbor and their involvement in criminal activity. He noted he frequently called the police concerning this activity. He stated after about a year of calling the police, their response time became slower. He added he spoke to Town officials concerning the problems in his neighborhood.
Mr. Christmas stated on August 28, 2003, a neighbor verbally and physically abused him, however, he did not return the abuse, but was arrested. He explained what transpired as follows:
the officer told him he was going to arrest him no matter what
the officer told him he had no right to give a statement
the officer told him he had no rights to protect his property
twenty kids told the officer he did nothing and was innocent in that he did not touch this neighbor and walked into his home
the officer yelled at him in front of everyone in a accusatory manner
his wife gave the officer medication for him, but the officer said he wouldn’t give it to him
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the officer did not seatbelt him in and drove in an erratic manner which caused him to strike his face on the metal barrier in back of the car. He added the officer put the radio on very loud
the officer shared his history and personal information with the neighbor who was also present at the police station
he told the officer he was feeling faint and the officer told him he’d like to see him crack his head
Mr. Christmas stated he had a difficult time getting his charges dropped.
He suggested the Council look at the officers assigned to Thompsonville, and if they don’t want the assignment in Thompsonville, they should reassign officers who care about this area of town. He stated his impression the officers currently assigned to this area of town consider it a jail sentence.
Stephen King, 28 Camille Drive, Canton, Connecticut (Project Manager for King Associates)
Spoke about the Enfield High School project. He noted he is present concerning non-payment for work performed. He stated his company wants payments brought current. He noted this is not a non-performance issue. He stated this work has been performed, and the construction schedule is an excuse for holding up applications. He noted they’ve stated the schedule is a tool to view the project, but does not drive the work.
Mr. King stated it’s his company’s desire to no longer work with an individual in Public Works. He noted it appears this person makes all the decisions, which includes the failure to process their payment for applications. He stated when disputes arise, they’ve attempted to resolve them by meeting with this person. He noted this person refuses to issue change orders on proposals, which they’ve had to revise several times. He stated they’ve explained several times that there’s a scheduling problem with the elevator, although steps have been taken at the school to allow for this resolution. He noted this person refuses to allow this work to proceed.
Mr. King stated on August 26th they met with the Town Manager when this issue was discussed, and they thought it was resolved. He noted no mention to liquidate damages was made at that time. He stated the Town delivered a letter to the King Associates’ office on Friday and informed them they’re being assessed $60,750 for exceeding Task #1 end date. He pointed out there were documented delays shown on a recent schedule, however, this was not accepted. He stated the Town will not provide a date and time when they can meet to discuss these delays. He noted in an effort to resolve any problems with the Town, they’ve been attending the Building Committee meetings,
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however, he has not been allowed to speak, and the Town has been calling Executive Sessions. He cited the meeting of October 15th as a good example of the unprofessional behavior they’ve been dealing with. He stated at this point they’ve hired two consultants, and this is something they’ve never done in 29 years of doing business. He noted they elected to have them attend this meeting to resolve this schedule issue. He stated it was scheduled to have the bonding company present over the telephone, however, when his company came to the meeting, they were informed that was a pre-termination meeting.
Mr. King stated his company feels the Town did not follow the proper procedure for this type of accusation, and he feels this exhibits uncooperative behavior. He noted they spoke with the general contractors of the last two school projects and the senior center, and they were told they were experiencing the same kind of situation, which was a non-stop paper war. He stated his belief the amount of money that Enfield is spending on litigation costs is unnecessary.
Mr. King stated his company wants to work with the Town of Enfield, but they don’t feel that’s being attained at this time.
Kevin Jennings, 93 Taunton Road, Fairfield, Connecticut (Scheduling Consultant for King Associates)
Mr. Jennings explained he was hired as the Scheduling Consultant to prepare the base line schedule and updates. He noted his personal experience is very extensive with 18 years in scheduling, ten years in New York City as Chief Scheduler for three of the largest construction managers, and he currently owns his own company which is involved in about a billion dollars worth of scheduling consulting work at this time.
He stated he was contacted by King Associates to help them out, and he has been trying to do that by developing schedules. He noted his experience with this assignment has been the most frustrating thing he’s ever encountered in terms of stonewalling and using this as an excuse not to pay this contractor. He stated he has dealt with big and small contractors, good and bad, and King Associates is a good, small contractor and they’re doing a good job. He noted if this can be resolved, then they will complete the project on time. He stated they simply want to do the job, get done, and never come back to the Town of Enfield again. He feels the nonsense that goes on with the contracting has to be hurting this town. He stated there are contractors and subs that will never work in Enfield again due to the nonsense going on with the Public Works Department. He stated they’re looking for good government to overcome bad bureaucracy.
Danielle King, 98 Mountain Ridge Drive, Coventry, Connecticut (Financial Administrator for King Associates and wife of David King, one of the owners)
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Stated she’s present to discuss the financial issues related to the Enfield High School addition and renovations. She stated Article 9.4 of the General Conditions of the contract for construction clearly outlines the procedure to be followed regarding applications for payment. She noted the first paragraph of this article states, “The architect must review and notify the contractor in writing of approval or any changes within seven days. Article 9.5 lists the reasons for withholding payment. She pointed out nowhere is it listed that the processing and payment of applications can be withhold due to a construction schedule. The contract states that the Town has a maximum of 45 days in which to pay for applications for payment. She noted they received the review of their August application, which had changes, on October 16th, 35 days after it was submitted. She stated they received payment November 5th, 55 days after original submission. She explained they delayed submitting their September application in order to prevent confusion if changes were made to their August application. She stated since it appeared they would not receive the review in a timely manner, they did submit September on October 15th, and this had to be revised, as anticipated, due to the revisions made in August. She noted they finally received the review for September on December 11th, 57 days after originally submitted, and they received the payment for September on December 12th, 58 days after the original submission.
Ms. King stated they attempted to explain to the Town the confusion that delayed application reviews can cause in October, but their request was met with a lack of cooperation. She noted they delayed submitting their October application until November 20th, and this had to be revised due to the changes that were made to September. She pointed out it has been 25 days since the original submission date, and they still haven’t received any review. She stated since it was apparent that they would not receive the reviews as was contracted, they have submitted their November application on December 5th. She noted it has been ten days, and they have not received a review. She added this will have to be revised if any changes are made to their October requisition.
She stated by not providing King Associates with the review in a timely manner, the Town has created undue confusion and hardship to King Associates and its subcontractors. She pointed out September is the end of the third quarter, and all the sales for that period must be adjusted now to reflect the changes made to that application. She stated they cannot see any reason to withhold application reviews, and she feels this is just another example of the Town’s counterproductive actions.
Ms. King stated her belief the Department of Public Works has put the Town in the position of being in default for the improper and untimely processing and payment of
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applications. She noted after several attempts requesting compliance with the contract documents, they were finally forced to send a seven-day notice of default on December 10th. She stated it has been five days, and they have received correspondence from the Town clearly stating they have no intention of processing their requisitions for October and November. She noted this leaves them with no other choice but to pursue further action unless a change is made. She pointed out being found in default could effect the Town’s bond rating.
Lil Genlot, 23 Newsome Avenue, Somers, CT (a heating/air-conditioning subcontractor for King Associates)
Noted her company was awarded a contract by King Associates to install the mechanical system for the Enfield High School renovations. She stated they were happy to work with King Associates again since they’ve done many projects with them over the years and can attest to their integrity and professionalism.
Ms. Genlot stated this job has turned into a nightmare and she never anticipated having to borrow money from her children’s college funds to keep her company afloat, nor did she ever anticipate having to address the Enfield Town Council for help in order to get the Town to meet its contractual obligations. She stated a Public Works employee recently delivered a check to the King Associates’ office and claimed this was a show of good faith and that no further payments would be made until demands were met. Ms. Genlot stated her belief a late payment for September is not a show of good faith, but rather it’s honoring one’s contract. She emphasized King Associates and their subcontractors are owed that money and it was earned months ago. She questioned what the Town of Enfield is going to do about its obligation.
David King, 98 Mountain Ridge Drive (one of the officers/owners of King Associates and this project’s Superintendent)
Mr. King stated this is a family-owned business, and they’ve been in business for many years. He noted in all of these years, he has never run across a project like this. He feels the inability of the Town to work with the contractor from the beginning of this project is absurd. He stated they’ve been mislead on a construction schedule that they were told was supposed to be on a 11 X 17 piece of paper, and that schedule is now seven feet long and four feet wide and contains over 300 items. He noted this far exceeds schedules they’ve done for the state and federal government
Mr. King stated they’ve also been informed, via the newspaper, that they have unqualified workmen on the project. He feels this is defamation of character and offends King Associates and its subcontractors. He noted that was an unsubstantiated claim and another attempt to discredit them. He stated in an effort to resolve discrepancies throughout the project, such as the elevator work, they discussed in detail with the Town
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how to resolve this with no impact to the school. He noted at a meeting on August 26th, it was all agreed that the elevator work would be performed off hours with no mention of liquidated damages. He stated they made special arrangements to get their work done, as did the Town, by removing asbestos early and removing all the periodicals on the third floor in the library. He noted the Town is now telling them this work has to be done next summer as per the contract, fully knowing that this work can’t be done in the time allotted.
Mr. King stated the Town has also hired a specialist contractor that has delayed their work in several areas of the building, including one beam where the addition ties into the roof. He noted when they began working in that area, the Town sent them threatening letters that they broke laws by removing asbestos, however, when they had it tested, there was no asbestos in that area.
He noted this project would be a lot further along if this went as any normal project with applications getting reviewed, the contractor getting paid, and the subcontractors getting paid.
Mr. King stated most of their subcontractors are family-owned corporations and they’ve had to beg, borrow and steal to keep this job alive.
He stated the Town also insisted that they could have done the elevator pit with a second crew, but due to the nature of the project and the area and availability, they had to bring in equipment to dig down for this pit, which was inaccessible at the time the foundations were being done. He noted they explained all of this to the Town, but they would not listen to them. He pointed out the Town had windows removed in the summer which contained asbestos glazing, knowing full well King Associates wouldn’t have the new windows for months.
Mr. King stated his belief DPW people assigned to this project have limited knowledge of construction and are not qualified to be where they’re supposed to be. He noted they feel there should be a definite personnel change before this job is completed.
Charles Woods, 11 Westerly Drive
Stated he would like to see the Council’s goal list published so that taxpayers can review them.
Mr. Woods referred to the new facade at the Polish National Home and stated his belief it looks a lot nicer than the original facade.
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He referred to the School Administrators’ Contract and he feels they should not be ratifying those salary increases because they exceed inflation. He feels this is a good time to hold down costs for the upcoming budget.
Mr. Woods referred to the housing proposal on Elm Street/Shaker Road and stated his belief they need an impact statement in these cases. He questioned the practice of building big projects which would result in a lot more families with children coming in and placing a strain on the schools and the Town budget.
COUNCILMEN COMMUNICATIONS & PETITIONS
Councilman Mangini encouraged people to continue supporting the Enfield Food Shelf in the upcoming Christmas season. She noted they’re still in need of food and dollars so that they can go out and purchase food.
Councilman Mangini requested the Town Manager address the King Associates situation.
Councilman Tait commended Mr. Gionfriddo and Voices, Inc. students for putting on an excellent winter concert.
Councilman Tait stated he’s also interested in hearing about the King Associates situation.
Councilman Tait stated he’s also concerned about Mr. Christmas’s dilemma. Mr. Shanley noted that will be addressed in Executive Session.
MOTION #6879 by Councilman Fiore, seconded by Councilman Mangini to suspend the rules to address Items 13 a. 2; 13 a. 10; 13 a. 13; 13 c; 13 d under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6879 adopted 11-0-0.
Councilman Fiore requested an updated copy of the Council’s rules and procedures which was passed two weeks ago.
Councilman Edgar requested the Town Manager and Town Attorney look into the King Associates issue as soon as possible.
Councilman Crowley requested an update on the Senior Center Bus Committee item.
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Councilman Crowley commended the Public Works Department for doing a fine job during the last two snowstorms.
Councilman Peruta questioned the final cost for the leaf vacuum service. He added he received calls from people who were very happy to have their leaves vacuumed. Mr. Shanley noted he would forward that figure to the Council as soon as it's available.
Councilman Peruta requested a briefing at some point in time regarding the Enfield High School project.
Councilman Peruta stated he recently attended a Board of Education meeting and they distributed a time line for all of the events that lead up to the final ratification of the school budget and how it ties into the Town. He questioned if the Town has a similar schedule. Mr. Shanley noted he intends to have that out by the end of this month.
Councilman Peruta stated his belief the Town and Board of Education should have some joint meetings to start some collaboration regarding the budget.
Chairman Tallarita commended Public Work on all the hard work they’ve been doing over the past two weekends concerning clearing snow. He noted he had the opportunity to go out with the plows last weekend, and he was impressed with how hard they work and how dedicated they are to making sure the streets are safe and clean.
Chairman Tallarita stated the Senior Bus Committee does a wonderful job and this is a valuable service to the people of Enfield. He noted they certainly want to see this continue and would not want to do anything to jeopardize that. He went on to note under the Charter the Town Manager is the Chief Executive Office and it’s the Council’s policy not to get involved with his human resource assignments or locations. He noted they have faith in the Town Manager and believe he makes decisions based on what’s best for this community and the organization. He went on to note that the Bond Counsel made a point that the Department of Social Services had to have a presence at the Senior Center, and it was discussed that the Dial-A-Ride Program was to be moved to the new center.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Shanley stated he will defer to the Town Attorney as to the appropriateness or inappropriateness of discussing criminal charges in either a public forum or in executive session forum.
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He stated due to the excessive amount of precipitation, the Freshwater Pond project is a couple months behind. He noted the new time line indicates this project should be completed in the spring.
Mr. Shanley stated an architect is actively engaged in the Enfield High School project. He suggested having an Executive Session to speak with the Town Attorney regarding pending litigation. He suggested including members of the Building Committee in that Executive Session. He pointed out decisions are not made in a vacuum and a lot of people are giving advice to the Building Committee.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Bromson stated the King Associates’ matter is being handled by outside counsel. He added his office will look at this and participate in the appropriate venue. He noted once lawyers have been obtained and there’s pending litigation, they are unable to speak about this publicly.
Referring to Mr. Christmas’s allegations and statements regarding the Police Department and follow up in the courts, Attorney Bromson pointed out it really is not his office’s function to do independent investigations of the police department or police officers. He noted these matters are referred to the State’s Attorney’s Office and it goes before a judge and it’s then in the criminal justice system. He stated they evaluate it and he has the right to counsel with the result becoming a trial or a plea bargain being made. He went on to note it’s very rare that they have complaints made of this nature against any officers in the town. He noted by and large, Enfield’s police officers act in an exemplary manner. He stated if an individual believes he has been mishandled or that his rights have been violated, he can make that known in the criminal venue and in the civil venue.
As concerns the EMS issue, Attorney Bromson stated a letter was sent to the Chiefs Association requesting information, i.e., the organizational plan and other information that the Council is seeking so that he can make the parallel inquiry into EMS services in the future - town, fire and/or both. He stated he also spoke with the President, Chief Richards, and he hopes to meet with him, and any other chiefs and commissioners to tell them what information they need to answer the Council’s question on the legality of dealing with them directly or directing them as a Town service.
Attorney Bromson stated his office received an exhaustive CCM study which was done this summer and this tells them what other towns are doing, whether it’s fire-based, third-party based, police based, how they pay, etc. He noted there are a few towns that seem to be similar whereby they’re doing this through the fire districts. He stated staff will be following up with those towns to learn how it’s working and what format they’re using.
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He went on to note he also spoke with Attorney Steven Worth, who is an expert in the field from Pennsylvania. He explained Pennsylvania has a unique system whereby a lot of the counties have multiple fire districts providing EMS services in concert with one another.
Attorney Bromson stated they also put in a call to the Attorney General’s Office and hopefully that office will get back to them as to whether they’ve had any advisory opinions or any dealings with municipalities for inter-municipal contracts of this nature on a local level, and they will pursue that.
He stated he met with Gary Wiemokly to get a feel for Enfield’s services and he had a good dialog with Chief Marcotte. He noted they will work on this until the next report in January.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Egan stated last Wednesday, the Prison Town Liaison Committee met and the new counts are Cybulski with 1,102; Carl Robinson with 1,219 and CSI with 720.
Councilman Egan stated the Family Resource Center received their certificate of occupancy. She noted the building is beautiful, and they look forward to moving into it very soon. She stated Congressman Simmons visited last week with a promise for federal funding.
Councilman Mangini provided a brief overview of the Executive Summary of the National League of Cities Municipal Policy and Resolutions Committee Report. She noted this 80th Annual Business Meeting was held last week. She stated 3,849 elected officials from all over the U.S. met in Nashville, Tennessee to go over issues. She pointed out Connecticut was well-represented by the towns of Bridgeport, Manchester, New Haven, Enfield, Mansfield and a couple other towns. She noted they’re looking to convey a more coherent message with regards to municipal finance and federal fiscal issues with a comprehensive finance definition. She stated with regards to unfunded mandates and preemption, they will restructure policy chapters to provide greater prominence to unfunded mandates and preemption issues.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL) & (TOWN MANAGER)
All appointments remained tabled.
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Items c., d., and e. remained tabled.
MOTION #6880 by Councilman Kaupin, seconded by Councilman Mangini to remove Item f. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6880 adopted 11-0-0.
RESOLUTION #6881 by Councilman Kaupin, seconded by Councilman Egan.
RESOLVED, in accordance with Chapter III, Section 6 of the Enfield Town Charter, the Enfield Town Council does hereby schedule a public hearing on Monday, January 5, 2004 at 7:15 p.m. in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, CT to allow interested citizens an opportunity to express their opinions regarding the proposed Commercial Vehicle Ordinance.
Councilman Fiore referred to the third sentence, “combination registration shall not be parked on any highway” and questioned what’s classified as a highway. Attorney Bromson stated this is the term used by P&Z, and he will double check this.
Councilman Fiore read, “Commercial trailers and motor vehicles with a gross vehicle weight in excess of 11,000 pounds...that have a commercial or combination registration shall not be parked on any highway”. He noted exclusions are “provided such vehicles are involved in installation or repairs, those in the process of providing emergency, wrecker service, or emergency medical service vehicles”. He added they’re also going to exclude station wagons, compact type bus vehicles, mini-vans, sports utility vehicles and pick-up trucks. Attorney Bromson stated this is only if they are in the above-referenced activities. He noted perhaps the language can be cleaned up a little and that can be done before the public hearing.
Councilman Fiore stated his impression they will need to determine the fines. Attorney Bromson indicated they can look at other ordinances and clarify this area.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6881 adopted 11-0-0.
MOTION #6882 by Councilman Fiore, seconded by Councilman Mangini to retable this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6882 adopted 11-0-0.
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MOTION #6883 by Councilman Fiore, seconded by Councilman Mangini to remove Item g. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6883 adopted 11-0-0.
MOTION #6884 by Councilman Fiore, seconded by Councilman Kaupin to remove Item g. from the agenda.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6884 adopted 11-0-0.
MOTION #6885 by Councilman Fiore, seconded by Councilman Mangini to remove Item h. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6885 adopted 11-0-0.
MOTION #6886 by Councilman Fiore, seconded by Councilman Mangini to remove Item h. from the agenda.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6886 adopted 11-0-0.
NEW BUSINESS
APPOINTMENTS (TOWN COUNCIL)
NOMINATION #6887 by Councilman Kaupin to reappoint Ann Duren (R) to the Library Board of Trustees for a term which expires 12/31/06.
MOTION #6888 by Councilman Egan, seconded by Councilman Fiore to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6888 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Ann Duren reappointed to the Library Board of Trustees by an 11-0-0 vote.
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All other Town Council appointments remained on the agenda.
APPOINTMENTS (TOWN MANAGER)
MOTION #6889 by Councilman Dodd, seconded by Councilman Mangini to accept the Town Manager’s recommendation to reappoint Shirley Carpenter to the Commission on Aging for a term which expires 12/31/06.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6889 adopted 11-0-0.
MOTION #6890 by Councilman Mangini, seconded by Councilman Tait to accept the Town Manager’s recommendation to reappoint Sophia Lynch to the Commission on Aging for a term which expires 12/31/06.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6890 adopted 11-0-0.
The remaining appointment to the Commission on Aging remained on the agenda.
RESOLUTION #6891 by Councilman Dodd, seconded by Councilman Kaupin.
WHEREAS, in November 1999 the residents of the Town of Enfield voted to move forward on an historic investment in 8 of our 9 elementary schools, Head Start and the middle school; and
WHEREAS, the School Building Committee was formed to work with Town staff to oversee the design, approvals, contracts and construction of these ten projects; and
WHEREAS, in this past year, the school department has taken possession of, and, fully occupied each of the school expansions; and
WHEREAS, the School Building Committee has reported that these projects were done under the original budget where the Town paid 33% and the State paid 66%.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield hereby offers its deepest gratitude and appreciation to the long serving members of the School Building Committee; and
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BE IT FURTHER RESOLVED, that the Town Council of the Town of Enfield hereby discharges the Committee from responsibility having successfully completed the charges put forth nearly four years ago.
Present for this discussion was Chairman and Vice Chairman of the School Building Committee, Randy Daigle and Douglas Maxellon.
Mr. Daigle read a statement. (Copy Appended)
Mr. Shanley congratulated this Committee for an extraordinary job and noted it’s terrific that there’s a balance remaining. He stated there is yet work to do, and they need to go through the audit.
Councilman Kaupin expressed his gratitude for the personal commitment these committee members made to this undertaking. He noted the leadership by Messrs. Daigle and Maxellon has been phenomenal as well as the cohesiveness of the entire group. He agreed with their comments about Art Pongratz and Colleen Brand, true professionals that drove the project, as well as everyone else involved in these projects.
Councilman Fiore thanked this committee for overseeing these projects. He agreed Art Pongratz and Colleen Brand brought much dedication and professionalism to this project. He thanked the committee members for all their years of work.
Councilman Egan acknowledged the dedication of the people of this committee. She commended them for all their hard work and coming in under budget.
Councilman Crowley thanked the committee as a council member and taxpayer. He stated all the taxpayers and students are benefiting from the work of this committee.
Councilman Tait stated education has taken a quantum leap forward in Enfield because of the efforts of this committee.
Chairman Tallarita highly commended this committee and their dedication with these projects. He pointed out these members gave up a lot of hours from their families and personal lives. He thanked this committee for all their hard work.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6891 adopted 11-0-0.
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DISCUSSION RE: EMS
Mr. Shanley stated they presented their case before the State OEMS this morning. He noted they need to give their judgment within 45 days.
DISCUSSION RE: WORLD WAR II MONUMENT SIDEWALKS
Councilman Tait stated he spoke with the Veterans’ Council and he did get some drawings of what their preferences are. He noted he was told that Geoff McAlmond in Public Works told Mr. Plamondon that what they are requesting can be done with the funds they have available. It was agreed these drawings should first be sent to the Beautification Committee.
DISCUSSION RE: CONSERVATION COMMITTEE ORDINANCE AND INLAND/WETLANDS AND WATERCOURSES AGENCY ORDINANCE
Councilman Fiore stated his belief there are some councilors who would like to see some minor changes. He referred to the membership section of the Conservation Commission ordinance and suggested it read as follows: “The commission shall consist of seven (7) members and three (3) alternate members to be appointed by the chief executive officer of the municipality with approval of the Town Council. The chief executive officer may remove any member for cause and may fill any vacancy for the unexpired portion of the term with approval of the Town Council”.
Councilman Fiore then referred to Inland/Wetlands and Watercourses Agency and Section 2-49 - Composition: officers; compensation and suggested it read as follows: “The agency shall consist of seven (7) members and three (3) alternate members to be appointed by the Town Manager of the municipality with approval of the Town Council”. Also further down in this paragraph, “The Town Manager may remove any member or alternate member for cause and fill any vacancy for the unexpired portion of the term with approval of the Town Council”.
Councilman Mangini agreed with Councilman Fiore’s suggested revisions. As concerns Section 2-49, she suggested it read as follows: “The Town Manager, with approval of the Town Council, may remove any member or alternate member for cause and fill any vacancy for the unexpired portion of the term with approval of the Town Council”. She noted this with make it consistent throughout the body of this language. Councilman Fiore agreed.
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Councilman Fiore noted the Town Manager indicated it’s possible the Conservation Commission language cannot be changed. Mr. Shanley stated a state statute requires it to be a Chief Executive Officer appointment. Councilman Fiore removed his recommendation for changing that particular language.
It was agreed these changes would be made, and there will be a pubic hearing scheduled for the second meeting in January.
MOTION #6892 by Councilman Fiore, seconded by Councilman Kaupin to remove any reference to the Conservation Commission on the agenda.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6892 adopted 11-0-0.
ITEMS FOR DISCUSSION
All appointments not addressed under Miscellaneous tonight will appear under New Business on the next regular meeting agenda.
DISCUSSION/RESOLUTION RE: REQUEST FOR TRANSFER OF FUNDS FROM ACCOUNT #8030-840 CONTINGENCY TO ACCOUNT #8010-339 OTHER PROFESSIONAL SERVICES - $6,000
Mr. Shanley explained this is an account that basically pays for psychological testing, drug testing, etc., primarily for the police department.
This item will appear under New Business on the next regular meeting agenda.
Item f. will appear under New Business on the next regular meeting agenda.
MOTION #6893 by Councilman Fiore, seconded by Councilman Tait to suspend the rules to address Item g. under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6893 adopted 11-0-0.
MISCELLANEOUS
NOMINATION #6894 by Councilman Fiore to appoint Sam McGill (D) to the Planning and Zoning Commission as an alternate for a term which expires 12/31/05.
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MOTION #6895 by Councilman Tait, seconded by Councilman Dodd to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6895 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Sam McGill appointed to the Planning & Zoning Commission, as an alternate, by an 11-0-0 vote.
NOMINATION #6896 by Councilman Kaupin to reappoint Nelson Scott Giddings (U) to the Enfield Beautification Committee for a term which expires 1/20/07.
MOTION #6897 by Councilman Egan, seconded by Councilman Dodd to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6897 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Nelson Scott Giddings reappointed to the Enfield Beautification Committee by an 11-0-0 vote.
NOMINATION #6898 by Councilman Kaupin to reappoint Paul Nabors, Jr. (R) to the Hazardville Water Company Advisory Council for a term which expires 1/1/06.
MOTION #6899 by Councilman Tait, seconded by Councilman Dodd to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6899 adopted 11-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Paul Nabors reappointed to the Hazardville Water Company Advisory Council by an 11-0-0 vote.
MOTION #6900 by Councilman Tait, seconded by Councilman Crowley to dissolve the following committees - Head Start Committee, Indoor Recreation Committee, Open Space Committee and Airport Noise Study Committee.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6900 adopted 11-0-0.
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RESOLUTION #6901 by Councilman Mangini, seconded by Councilman Tait.
RESOLVED, that the Enfield Town Council does hereby approve the four-year collective bargaining agreement between the Town of Enfield and AFSCME Council 4, Local 1303-359 dated July 1, 2003 through June 30, 2007.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6901 adopted 11-0-0.
MOTION #6902 by Councilman Tait, seconded by Councilman Egan to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6902 adopted 11-0-0.
RESOLUTION #6903 by Councilman Kaupin, seconded by Councilman Mangini.
Conservation Easement - 5 Crystal Corner
- Copy Appended -
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6903 adopted 11-0-0.
ADJOURNMENT
MOTION #6904 by Councilman Kaupin, seconded by Councilman Mangini to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6904 adopted 11-0-0, and the meeting stood adjourned at 9:25 p.m.
Respectfully submitted,
Jeannette Lamontagne
Secretary to the Council
Suzanne F. Olechnicki
Town Clerk
Clerk of the Council
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