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ENFIELD TOWN COUNCIL
MINUTES OF A SPECIAL MEETING
MONDAY, APRIL 19, 2004

A Special Meeting of the Enfield Town Council was called to order by Chairman Tallarita in the Enfield Room, Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Monday, April 19, 2004 at 6:04 p.m.

ROLL-CALL - Present were Councilmen Edgar, Egan, Fiore, Kaupin, Mangini, Peruta, Reveruzzi, Tait and Tallarita.  Councilman Crowley entered at 6:12 p.m.  Councilman Dodd was absent.  Also present were Town Manager, Scott Shanley; Town Clerk, Suzanne Olechnicki; Town Attorney, Christopher Bromson; Director of Economic Development, Raymond Warren; Director of Finance, Gregory Simmons; Director of Public Works, John Kazmarski; Deputy Director of Public Works, Geoffrey McAlmond

DISCUSSION RE:  CONDO TRASH

Mr. Shanley stated the Council needs to make policy decisions concerning this item.  He noted money for the front end loader is budgeted in CIP.   He noted a position has been added for this, therefore, the budget side of this initiative is covered.

Mr. McAlmond stated his opinion that if the Town is offering this service, they might not necessarily have to offer a rebate for recycling.  He pointed out the rebate for recycling adds up to $15,000.  Mr. Shanley added those condominium associations that choose not to go with the service would not get the rebate because there's the option of having the service.  He went on to note that as they get into the details, they may learn there are some associations unable to participate this year.

Councilman Fiore stated he'd be inclined to say that if a complex decides not to go with this service, they forfeit the rebate.  The rest of the Council agreed.

Councilman Mangini questioned who this rebate goes to, and Mr. McAlmond responded the association, collectively.

Chairman Tallarita stated his opinion they will be dealing with the associations because that is the entity the Town will be dealing with, therefore, the associations would have to be responsible for addressing any problems at their complex.

Mr. Shanley questioned whether it would be a function of the association to purchase the tipper barrels.  Chairman Tallarita stated his impression the relationship is between the Town and the association regarding all issues and not with the individual residences. Councilman Reveruzzi noted the association deals with these types of issues so that there's one-stop shopping with the whole process.

Councilman Fiore stated his belief some associations could accommodate dumpsters, while others accommodated tipper barrels.  Councilman Kaupin pointed out they did a survey in the past as to which method of pick-up the individual complexes could accommodate.

Chairman Tallarita questioned whether the associations would be responsible for buying the dumpsters, and Mr. McAlmond responded yes, as well as the tipper barrels.

Attorney Bromson stated all associations have their own bylaws.  He stated the attorney that was representing the condo associations is no longer representing them.  He stated his belief the Town will have to draft the hold harmless clause.

Councilman Reveruzzi questioned whether the Town Attorney will present the hold harmless clause to learn whether or not they accept it.  Attorney Bromson responded yes.  

Mr. Shanley raised the question of whether there should be a date certain by which the associations need to agree.  Also, is this a one-shot deal, or can they come on board later on.

Councilman Mangini questioned whether the Town Attorney will have details concerning liability issues.  Attorney Bromson stated the Town would address those concerns that effect the Town, and the associations would have their own attorney representing them.

Councilman Crowley questioned if the Town is doing recycling for the associations.  Mr. McAlmond stated they were considering taking care of the recycling and withdrawing the rebate across the board.

Councilman Crowley questioned where residents would place their tipper barrels - in front of their home, or at the end of their road.  Mr. McAlmond stated the assumption would be that they would go down the complex roads as do the private contractors.

Councilman Fiore questioned whether the hold harmless would include the recycling rebate, guarantee of compliance, etc. and Attorney Bromson responded yes, all those items will have to be addressed.

Councilman Egan questioned how they will address those developments which are considered residential homes, but are very similar to condo complexes.  Attorney Bromson responded similar developments may have to be included.  Mr. McAlmond stated he didn't think they were going to include planned residential communities, i.e., Pheasant Hills. Councilman Egan stated she would like to know for certain whether similar developments are to be included.

Chairman Tallarita referred to the "over 55" development across from the senior center and questioned whether that development was required to build their roads to Town specifications.  Councilman Reveruzzi pointed out those roads are not built to Town specifications because those are private roads.  He noted that association continues to maintain them and the Town doesn't have to provide any services.

Mr. Shanley pointed out the Camelot development envisioned itself as part of the condo trash service.

Councilman Reveruzzi stated his belief they need to look at what the economic effects are on the Town if new developments come in.

Mr. Shanley requested input from the Council as to whether they want to consider this a one-shot deal or not and whether the associations can opt out.  Mr. McAlmond pointed out once they start picking up they can't back out because this would be union work.  He explained if this is written into a union contract, it might prove difficult to cut back.  He acknowledged perhaps they can't say this service will be for life, but perhaps they could call it a ten-year contract.  Councilman Reveruzzi pointed out a private contractor would make an association sign a contract for a certain period of time.

Chairman Tallarita suggested perhaps there could be a penalty if an association wants to back out without due notice to the Town.

As concerns signing on for the service, Councilman Kaupin stated perhaps they could have an enrollment period ahead of setting the budget.

Chairman Tallarita suggested forwarding something to Planning& Zoning about  the possibility of having these types of complexes build their roads to Town specifications.

Mr. Shanley questioned whether there could be an annual enrollment period if associations were not prepared to come on board.  Chairman Tallarita responded yes and noted there may be some associations who currently have commitments to private contractors.

Mr. McAlmond stated his belief he has enough information to move forward.

Mr. Shanley questioned the time line on the delivery of the truck, assuming it's approved and the money becomes available in July.  Mr. McAlmond stated they'd expect the truck in four to six months.  He added since a key element is taking over the municipal building and school contract, he would like to start by September 1st at the latest-before school starts.  He stated the budget process really needs to tell them where they are.

Councilman Kaupin questioned if they can get the front end loader by September 1st.  Mr. McAlmond stated if it's supported in the budget, it might be close.  He stated if it's the consensus of the Council, they could potentially put out a bid and award or not award based upon whether the funding is approved.  He stated that would save a two to three week period of time.

DISCUSSION RE:  INCREASED DEDUCTIBLE INSURANCE

Mr. Shanley stated they have proposed a policy whereby the Town Council authorizes the Town administration to settle claims.  He noted currently the insurance company settles
claims on behalf of the Town.  He explained the Risk Manager would be allowed to settle claims under $5,000; $5,000 to $20,000 would be in consultation with the Finance Director and Town Attorney; over $30,000 would be in consultation with the Town Manager and Town Attorney.

Attorney Bromson stated if the Council is considering raising the deductible, then a policy should be in place as to how they will assess them and deal with the carrier.  He noted he would like to discuss this further with the carrier to learn what the rules are going to be in regard to this.

Councilman Fiore stated he would like to see the detailed cost savings, the amount of claims done, where they fell in, and how many have been settled since last July.

Councilman Mangini questioned whether these are specific or general claims.  Mr. Shanley responded these would involve general liability claims. Attorney Bromson added these claims could involve sidewalks, roads, property damage, bodily injury, etc.

Councilman Crowley questioned whether they can have the Risk Manager come in and discuss this.  Mr. Simmons responded yes.

Councilman Edgar stated before increasing the deductible, he would like to know how many suits are involved.  Mr. Shanley stated they won't be coming to the Council any time soon to increase the deductible.  Councilman Edgar stated he would like to see a track record.

MOTION #7121 by Councilman Fiore, seconded by Councilman Mangini to go into Executive Session to discuss Personnel Matters, Pending Litigation, and Real Estate Negotiations.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7121 adopted 10-0-0.
EXECUTIVE SESSION

The Executive Session of the Enfield Town Council was called to order by Chairman Tallarita at 6:58 p.m.

ROLL-CALL - Present were Councilmen Crowley, Edgar, Egan, Fiore, Kaupin, Mangini, Peruta, Reveruzzi, Tait and Tallarita.  Also present were Town Manager, Scott Shanley; Director of Public Works, John Kazmarski; Director of Economic Development, Raymond Warren; Director of Finance, Gregory Simmons; Town Clerk, Suzanne Olechnicki; Town Attorney, Christopher Bromson.

Personnel Matters, Pending Litigation, and Real Estate Negotiations were discussed with no action or votes being taken.

Chairman Tallarita adjourned the Executive Session at 7:33 p.m.  He reconvened the Special Meeting at 7:34 p.m. and stated during Executive Session they discussed Personnel Matters, Pending Litigation and Real Estate Negotiations with no action or votes being taken.

ADJOURNMENT

MOTION #7122 by Councilman Crowley, seconded by Councilman Kaupin to adjourn.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7122 adopted 10-0-0, and the meeting stood adjourned at 7:36 p.m.

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