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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
FEBRUARY 17, 2004

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 Tuesday, February 17, 2004.  The meeting was called to order at 7:30 p.m.

PRAYER- The Prayer was given by Councilman Mangini.

PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was said.

ROLL-CALL - Present were Councilmen Egan, Fiore, Kaupin, Mangini, Peruta, Reveruzzi and Tallarita.  Councilman Edgar entered the meeting at 8:11 p.m.  Councilmen Crowley, Dodd and Tait were absent. Also present were Information Technology Director, Charlene Bond; Town Clerk, Suzanne Olechnicki; Director of Finance, Gregory Simmons; Director of Economic Development, Raymond Warren; Deputy Director of Public Works, Geoffrey McAlmond; Senior Assistant Town Attorney, Maria Stavropoulos; School Facilities Director, Arthur Pongratz; Revenues Collector, Suzanne Longo; Director of Planning and Community Development, Jose Giner

FIRE EVACUATION ANNOUNCEMENT

Chairman Tallarita made the fire evacuation announcement.

MINUTES OF PRECEDING MEETINGS

MOTION #7007 by Councilman Mangini, seconded by Councilman Egan to accept the minutes of the February 2, 2004 Special Meeting.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7007 adopted 7-0-0.

MOTION #7008 by Councilman Mangini, seconded by Councilman Kaupin to accept the minutes of the February 2, 2004 Regular Meeting.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7008 adopted 7-0-0.

PUBLIC COMMUNICATIONS & PETITIONS

Mrs. Collins, Gordon Lane
        Pointed out Enfield's senior citizens should be given more respect.  She noted seniors helped pay for many things, i.e., schools, police station, town hall, new senior center, the Head Start building, etc.

Margaret Jedziniak, 232 Abbe Road
        Stated her belief there should be a code of conduct regarding the demeanor of Town Council and Board of Education members.  She voiced her opposition to these members making comments about people who attend and speak at public meetings.  She noted this may add to the intimidation of other speakers coming forward.

Reginald Leonard, 42 Fairfield Road
Karen Camidge, 10 Grandview Drive
        Mr. Leonard stated he came before the Council on 12/1/03 concerning subdivision regulation issues on 10 Grandview Drive.  He noted at that meeting he read a letter into the record from his daughter and son-in-law who own 10 Grandview Drive to detail grading and serious erosion problems as well as their interpretation of what they consider their protection as well as the town's.

Mr. Leonard stated they began this process last September and attended every Planning & Zoning meeting since October, except the January 7th meeting which was a work meeting.  He noted they had little success other than most of the P&Z commissioners agreeing with them, as well as some Town Council members, lawyers and concerned friends.  He noted these supporters agree they've been wronged with the existing grading and erosion of that property.

He stated P&Z has done a great job and they've helped them tremendously, however, he believes their hands may be tied a little.  He noted Planning & Zoning listened to them and advised them.

Mr. Leonard stated his belief the Public Works and Planning Departments have not been helpful.  He referred to the minutes of the 12/1/2003 meeting and noted he raised a lot of concerns and they based their case on false representation by someone, either the builder or the town, and they believe there are teeth in the regulations.

He stated at a previous meeting Mr. Shanley stated the question is whether the water is flowing in the proper direction.  He noted it was stated also the Town can't get involved in the day-to-day operation after closing of individual properties.

Mr. Leonard stated this homeowner paid a lot of money to get their own topographical map to prove there are two and six foot swales down the middle of their property.  He noted at their closing, they have a map on file with the Town that states, "grade to drain two feet away from a 40 foot property to their house".  He noted it's six feet from their house.

Karen Camidge stated when they purchased the property, they were given a hypothetical drawing of where their house would be built, as well as the grading.  She noted the builder stated there was no dirt left to grade her property since her house was the last house in the development.  She stated her belief they should not have to pay a high cost to grade this property.  She explained they are trying to get an interpretation of the regulations - the Town requires a topographical site plan to be certified by engineers and land surveyors saying what is approved for the development - it appears the developer is not being held accountable to it.  She pointed out the nearby houses were properly graded, but her property was not and is lower than the other properties causing the neighbors' properties to drain onto her property and eroding it.  She stated they are asking P&Z to give them an understanding of what a developer should be held accountable to.

Ms. Camidge stated P&Z has raised certain questions, however, the answers are not being provided.

Jack Sheridan, Buchanan Road
        Stated last Tuesday night, he spoke with a Councilmember about offset bookkeeping and was told it's happening at a higher level than the Board of Education's Business Manager. He questioned the status of that.

Mr. Sheridan stated he was upset with Councilman Fiore's response when he asked what might be done for the seniors in this budget.  He stated his belief there is wisdom in trying to maintain the senior population in a town.  He pointed out seniors paid their taxes over the years and helped build Enfield and would like to stay here.

Donald Lango, 33 Cook Avenue
        Stated 200 taxpayers did not want the Serv-U plaza deal, but it went through anyway.  He noted it appears businesses are getting what they want.

Reginald Leonard, 42 Fairfield Road
        Stated at the 12/4/2003 meeting, Commissioner DiPace requested everything in the Grandview Drive file be sent to the Town Attorney's office for a legal opinion as to what the P&Z can and cannot do regarding the backyard grading and erosion problems in the future.  He noted on 12/18/2003, Commissioner Egan stated he wanted a writtenreport from the Town Engineer by 1/22/2004.  He stated another Commissioner made the same request.  He stated they were dismayed to learn those requests were completely ignored.  He noted it was requested by the P&Z Commission and agreed to by the Planning Department that a full report consisting of a written response from the Town Engineer, legal opinions, a review of the entire Grandview subdivision, as far as maps being in conformance, what was to be approved, etc., was to be scheduled as an agenda item under Other Business at the meeting of 1/22/04.  He pointed out it was not published on the agenda at that meeting, but was added verbally upon his request to Mr. DiPace that night.  He stated no formal report was presented to the Commission by the Planning Department during the meeting of 1/22/04 and at approximately 11:45 p.m. the Planning Department shared their interpretation of maps and their regulation views.  He pointed out they've heard for four months as to what their regulations and views were.

Mr. Leonard stated the Town of Enfield has on file subdivision regulations to provide protection not only to the Town, but the homeowner as well.  He stated his belief it's the Town's responsibility to insure those regulations are understood and enforced by Town departments.  He noted the Commission should be proud of its accomplishments and the service it provides.  He stated the residents of Enfield rely on them to protect the land, the development and to provide a quality of life people can be proud of.

COUNCILMEN COMMUNICATIONS & PETITIONS

Councilmen Mangini stated Council members attended the Four Chaplains' mass sponsored by the Maciolek Post.  She noted this was a very nice ceremony.

Councilman Mangini stated the Lieutenant Governor came to Enfield for an Eagle Scouts award.

Councilman Mangini suggested other Council members let her know if they intend to march in the upcoming March 13th St. Patrick's Day Parade in Hartford.

Councilman Fiore stated on Sunday, May 16th the 8th Annual Hall of Fame Golf Classic is to be held at the Bridge Country Club.

Councilman Fiore stated his belief Mr. Sheridan took some of his comments out of context recently.  He stated his belief Mr. Sheridan did not understand his dry sense of humor or his stimulation to continue a debate.

As concerns Mr. Sheridan's comment about net budgeting, Councilman Fiore requests this question be passed on to Mr. Shanley.

Chairman Tallarita raised the Grandview Drive issue and noted the concern is that the Planning Department is not responding to the P&Z Commission.  He noted he will have a conversation with Mr. DiPace regarding this concern.

Chairman Tallarita pointed out the Town Manager is on vacation, and the Assistant Town Manager had to leave town due to a family emergency, therefore, Charlene Bond is representing the Town Manager this evening.

TOWN MANAGER REPORT & COMMUNICATIONS

Ms. Bond stated there was no formal report this evening.

TOWN ATTORNEY REPORT & COMMUNICATIONS

Attorney Stavropoulos stated Attorney Bromson is away on vacation.

As concerns Grandview, she noted there was a legal opinion a number of months ago as concerns the bond release.  She stated if there is another question working its way through, she's not aware of that.  She added she does know there was an issue having to do with whether the regulations address the kind of problem that's being faced by this particular situation.

Chairman Tallarita questioned if a resident has the ability to go directly to the Town Attorney's office.  Attorney Stavropoulos stated usually they work for the boards and commissions.

REPORT OF SPECIAL COMMITTEES OF THE COUNCIL

Councilman Mangini stated the Revitalization Committee met recently and discussed the Thompsonville Village designs and are planning another meeting the third Thursday in March.

Councilman Mangini reported the Loan Review Committee did meet on an emergency basis and will continue meeting as needed.

Councilman Egan stated she attended the Commission on Aging meeting with Councilman Edgar.  She noted they were setting their budget for the coming year and setting up different agenda items and activities they're looking to accomplish for the next year.

OLD BUSINESS

APPOINTMENTS (TOWN COUNCIL)

MOTION #7009 by Councilman Reveruzzi, seconded by Councilman Fiore to remove Item #9 from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7009 adopted 7-0-0.

NOMINATION #7010 by Councilman Reveruzzi to appoint Kathleen Sarno (D) to serve as an Alternate on the Planning & Zoning Commission for a term which expires 12/31/05.

Councilman Reveruzzi stated Ms. Sarno recently served two and a half years on the Inland/Wetlands Commission and is interested in serving on the Planning & Zoning Commission.  He feels she will be a great addition because of the experience she's had on the Inland/Wetlands Commission.

Councilman Mangini stated Ms. Sarno is a very ethical and fine person who would well serve the Planning & Zoning Commission.

MOTION #7011 by Councilman Kaupin, seconded by Councilman Fiore to close nominations.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7011 adopted 7-0-0.

Councilman Peruta stated Ms. Sarno seems to be a very nice person and qualified due to her experience on the Inlands/Wetlands Commission, however, he can't support this appointment due to her occupation as a real estate agent.  He noted he has a problem with a real estate agent or broker being on a land use commission such as Planning & Zoning.

Councilman Reveruzzi stated he understands Councilman Peruta's concern but points out the Chairman of the Inland/Wetlands Commission has her own brokerage company.

Councilman Fiore stated he has known Ms. Sarno for many years and has gotten to know the Chairman of the Inland/Wetlands Commission over the last several years and both individuals are in the same profession.  He stated he could not imagine people with more integrity.  He pointed out he certainly would not support anyone who had a conflict or could not do the job.

Councilman Egan stated she discussed this with Councilman Peruta and also has concerns, but because Ms. Sarno would be an Alternate, there's a lot of flexibility whereby she can step back if there's a conflict as she would also be able to do as a full-time member.

Upon a ROLL-CALL vote being taken, the Chair declared Kathleen Sarno appointed as an Alternate to the Planning & Zoning Commission by a 6-1-1 vote, with Councilman Peruta voting against and Councilman Edgar abstaining.

All other Town Council appointments remained tabled.

APPOINTMENTS (TOWN MANAGER)

All Town Manager appointments remained tabled.

Items c. and d. remained tabled.

MOTION #7012 by Councilman Fiore, seconded by Councilman Mangini to remove Item e. from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7012 adopted 8-0-0.

DISCUSSION RE:  EMS

Attorney Stavropoulos stated Attorney Bromson sent a letter to the Fire Chiefs Association in early January, per the Council's request, to see if there was an interest in providing EMS for the Town.  She noted Attorney Bromson received a reply dated January 16th indicating the interest of the Fire Chiefs Association to go forward with developing a plan.  Attorney Bromson sent a letter last week requesting the actual parameters of the structure and business plan, as well as a time table be forwarded.  She noted he met with the Fire Chiefs last Monday, February 9th.  She stated they are expecting a response from the Fire Chiefs Association.

Chairman Tallarita stated Council leadership met with the fire commissioners and a couple of the fire chiefs last Monday.  He highlighted a few points from that meeting - this is the Fire Chiefs' plan being put together with assistance from the Town Attorney and EMS Director.  He noted the issue of start-up funds was raised, and it was indicated the Town was open to that as a suggestion.  He stated the long-term financial aspects of this exist at the fire structure.  He added the Town is also interested in seeing a plan that would be a total EMS program that would include Advanced Life Support.  He stated it was pointed out to the Fire Chiefs Association that time is of the essence, and they want to see this move along quickly.

Councilman Peruta questioned how long the whole process may take.  Chairman Tallarita stated the first step is the Fire Chiefs Association coming forward with the organizational structure.  He noted they also requested time lines as to when this can be accomplished.  He feels once they feel there's a sound structure, then they can apply milestones of where things should be.

Councilman Egan stated they should listen to the medical people because they are the people that should be the driving force behind this.

MOTION #7013 by Councilman Kaupin, seconded by Councilman Mangini to retable this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7013 adopted 8-0-0.

MOTION #7014 by Councilman Fiore, seconded by Councilman Mangini to remove Item f. from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7014 adopted 8-0-0.

DISCUSSION RE:  WORLD WAR II MONUMENT SIDEWALKS

Mr. McAlmond stated one question presented to him was the current square foot price for sidewalks, and that is $5.25 per square foot.

Councilman Edgar questioned if it would be more economical if the Town did this work themselves.  Mr. Almond stated the Town could do it for about half the price, however, they are reluctant to have the same problem as they did last year when they did a lot of work at the senior center and they then had some issues develop with the fields.  He noted they wouldn't be able to work on this particular project until August.

Councilman Edgar stated it might be worth waiting, at least for the circular walkway.  Mr. McAlmond stated in August they'd be in a good position to do this work, however, anytime prior to that, they'd be putting themselves in a difficult position.

Councilman Edgar questioned the possibility of further studying schedules to see if this work can be done sooner.  Mr. McAlmond stated they could look into that.

Councilman Kaupin stated his belief part of the reason the process is being held up could have to do with getting the Beautification Committee together.  He noted he met a person from the garden club, and they're interested in getting involved.

MOTION #7015 by Councilman Edgar, seconded by Councilman Mangini to retable this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7015 adopted 8-0-0.

Item g. remained tabled.

NEW BUSINESS

APPOINTMENTS (TOWN COUNCIL)

NOMINATION #7016 by Councilman Kaupin to appoint Thomas Fournier (U) to the Enfield Revitalization Strategy Committee for a term which expires 9/30/04.

MOTION #7017 by Councilman Fiore, seconded by Councilman Egan to close nominations.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7017 adopted 8-0-0.

Upon a ROLL-CALL vote being taken, the Chair declared Thomas Fournier appointed to the Enfield Revitalization Committee by an 8-0-0 vote.

All other Town Council appointments remained on the agenda.

DISCUSSION/RESOLUTION RE: LEASE 88-92 MAIN STREET - YANKEE BAIT & TACKLE

Mr. Simmons stated the big concern from the Council at the previous discussion had to do with the right of first refusal, therefore, that has been removed from the lease.

It was agreed this item will appear on the next agenda under Old Business.

Items c. and d. will appear on the next agenda.

ITEMS FOR DISCUSSION

MOTION #7018 by Councilman Fiore, seconded by Councilman Mangini to suspend the rules to address Items a., c., d., e., f., g., h., and j. under Miscellaneous this evening.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7018 adopted 8-0-0.

DISCUSSION RE:  CONDO TRASH

Mr. McAlmond noted the Council has a brief report in their package.

Councilman Kaupin requested Mr. McAlmond review the figures on the second page.  Mr. McAlmond explained he prepared an update and the increases in cost relate to the payroll.  He noted they would need an additional full-time equipment operator (truck driver). He stated pay for this position, as of July 1st, will be $43,430 per year.  He noted the benefits are based upon a percentage worked out with the Finance Department, and this would include vacation time, sick leave, etc.  He stated the total cost would be $66,880.

Mr. McAlmond stated the additional disposal fees to CRRA would be the Town's responsibility to pay for the disposal of the material collected at the condo facilities and municipal buildings.  The estimate for operation and maintenance on one new truck is $12,000 per year.  The total cost estimate to provide this service, not including capital expenses, is $173,880.  They currently contract for $150,000 for collection of the municipal building, the two high schools, middle school, and several elementary schools.  He noted they also reimburse the condo associations for the recycling at $50,000 per year.  The total reductions for them would be $200,000.  The capital outlay for the equipment is $230,000 for the truck and the containers for the schools and municipal buildings, including recycling, amounts to $60,000 for a total expense of $290,000.  He stated at the current interest rates, which are extremely low, the capitalization of the truck over a ten-year period was approximately $26,500.

Mr. McAlmond stated bringing the capitalization forward with the total cost of the service, they basically come out with a wash.

Councilman Kaupin questioned how much they currently have in the capital budget for the front end loader vehicle, and Mr. McAlmond stated there's $125,000 in the Solid Waste capital budget for the front loader that was appropriated two years ago, and it's his understanding there may be some other funds that were considered in the Shapiro funds.

Councilman Kaupin questioned whether Public Works can go out and get a response from the different condo associations to learn if they're still interested in participating in the program and whether they're a tipper barrel unit or a front-end loading unit.  Mr. McAlmond stated they could check into that, however, he believes they might want to have the Town Attorney involved in that communication because he was under the impression they had an attorney representing their groups.  He suggested it might be more in the Town's interest to recommend what type of collection that would be provided as opposed to the condo associations telling the Town what they would like.  He noted they would like to use tipper barrels as much as possible and utilize a one-man truck.

Councilman Fiore stated it appears they would have to budget about $105,000 in this July's budget for a front-loading truck.  He noted it seems the break-even point would be about two and a half years for this service and after that it appears to be a wash and possibly even a cost savings for the Town of Enfield.   Mr. McAlmond stated there may be some economies that would come into play once they get familiar with the equipment and how it works.

Councilman Edgar stated he was of the understanding benefit packages ran at 40%.  Mr. McAlmond stated the Finance Department can provide a written breakdown for this.

Councilman Edgar agreed the Town Attorney's office should be involved in this.

Councilman Peruta questioned whether this service is predicated on 100% participation.  Mr. McAlmond stated the Public Works office would be willing to work with the Town Attorney's office to develop a questionnaire.  Chairman Tallarita agreed the logical next step is to work with the Town Attorney's office through the Town Manager's office.

DISCUSSION RE:  COMMISSION ON AGING CHARGE

Councilman Egan stated there seems to be a real issue about getting new members on the Commission on Aging and having a quorum and being able to run regular meetings.  She noted a few people have resigned.  She stated this Commission, as of 1997, was broken into categories of age, i.e.., three members over 60, three members 50 to 60, three members 50 and younger.  She noted that may seem like an ideal mix of people for this commission, but they don't seem to be having people coming forward.  She suggested possibly the Council might want to revisit this and consider eliminating the age restrictions so that they can get the membership up to a full board.

Councilman Edgar stated his understanding the Commission is suggesting eliminating the age requirements.

Councilman Mangini referred to Item g. within the Commission's charge regarding the submission of a progress report to the Town Council every six months and noted she has never seen a progress report since she's been on the Council.  As concerns having certain ages, perhaps they could do four members over 60; four between 50 and 60 and perhaps one under the age of 50, or simply eliminate the age requirements as suggested by Councilman Edgar.  She suggested having the Council consider the possibility of this Commission having a Council charge whereby the Council would appoint the members.

Councilman Edgar stated one reason they aren't submitting a progress report is because they're having difficulty holding meetings due to the lack of a quorum.  He requested ten copies of the ordinance be forwarded to the Senior Center Director so she would have them available for the Commission members.  He stated his understanding most of the members have never seen the ordinance.

Councilman Fiore stated he's in favor of keeping this as simple as possible so that this Commission can do the job they're supposed to do.  He agreed with Councilman Egan about eliminating the age requirements.  He stated he has not seen a progress report during his five years on the Town Council.  He noted the Council has a liaison on this Commission who can provide updates, therefore, he does not find it necessary to have a progress report.  He suggested removing Item g. from the charge.  He supports Councilman Mangini's idea about this being Town Council appointed.  He stated he would like to see some type of resolution regarding these items.

Chairman Tallarita suggested the two liaisons work with the Town Manager's office concerning these suggested revisions so that a resolution can be put together and brought before the Town Council.

Councilman Egan questioned whether there's anything in the Town Charter that states certain bodies are Town Manager and Town Council appointed.  Councilman Fiore stated this isn't a Charter commission.  Chairman Tallarita stated the Town Attorney can review this before the resolution is drafted.

Ms. Bond informed the Council there are currently five members over 60 years of age; three between 50 and 60 years of age and none below 50 years of age.

MOTION #7019 by Councilman Fiore, seconded by Councilman Mangini to waive the reading of the resolution.

RESOLUTION #7020 by Councilman Edgar, seconded by Councilman Fiore.

Resolution re. H. B. Stowe Elementary School Energy Conservation Project

Present for this item was Arthur Pongratz, Director of School Facilities.

Mr. Pongratz stated this is an enabling resolution that's a part of the grant process to the State Department of Education for the replacement of the window systems at H.B. Stowe Elementary School.  He noted right now it's funded to the point where they can show the State that they have 100% of the funds available through the Town so they're eligible to apply for the grant.

Councilman Fiore clarified whether they will be getting 60%, which is about a $228,000 reimbursement at the completion of the project, and Mr. Pongratz responded that's correct.  Councilman Fiore questioned whether it's expected this project will be completed by June 30, 2005, and Mr. Pongratz responded yes.

Councilman Fiore stated his hope he will see a $228,000 revenue for school construction grants on the budget since they will be expecting to see this check come in by June 30, 2005 before the books are closed.  Mr. Simmons stated they should see the revenue item for that.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7020 adopted 8-0-0.

RESOLUTION #7021 by Councilman Mangini, seconded by Councilman Fiore.

WHEREAS, the Enfield Planning & Zoning Commission on February 3, 2000 approved the application of Anthony, Mark, & Edward Spazzarini for a 16 lot open space subdivision off Old King Street (PH #2151 and 2158),

WHEREAS, as a condition of approval the developer was required to convey to the Town a parcel of land for a Town Road to be named Grandview Drive along with corresponding storm drainage and sanitary sewer easements,

WHEREAS, as a condition of approval the developer was required to set aside and convey a 5.98 Acre +/- parcel of land as Open Space.

WHEREAS, the developer has submitted an executed Warranty Deed for Grandview Drive along with associated storm drainage and sanitary sewer improvements and easements to the Town of Enfield for acceptance and filing,

WHEREAS, the developer has submitted an executed Warranty Deed for the Open Space associated with the subdivision to the Town of Enfield for acceptance and filing,

WHEREAS, the Enfield Planning and Zoning Commission at its February 5, 2004 meeting voted to recommend that the Town Council accept Grandview Drive, the Open Space and associated storm drainage and sanitary sewer easements and improvements pursuant to Section 8-24 of the Connecticut General Statutes,

WHEREAS, the developer has submitted a $45,095 maintenance bond to guarantee the improvements for one year from the date of their acceptance, and

WHEREAS, the Engineering Division has inspected the subject subdivision and recommended acceptance of the public improvements,

NOW, THEREFORE, BE IT RESOLVED, that the Enfield Town Council does hereby accept and will record the deeds conveying Grandview Drive, a 5.98 acre +/- parcel of Open Space and associated easements and improvements from Anthony, Mark & Edward Spazzarini.

Councilman Edgar questioned whether drainage problems have been looked at and corrected.

Chairman Tallarita stated that is a separate matter from this particular resolution.  He noted this resolution relates to the road and open space, not the individual parcels.

Councilman Edgar stated the lots will drain into the storm drainage, and if there's a problem with drainage, where will it go.  Chairman Tallarita stated the lots themselves do not pertain to what is being dealt with here.

Councilman Edgar stated in good conscience he cannot vote for this tonight, and he questions whether anyone can vote on this until more questions are answered.

Councilman Peruta stated if the Council passes this, will that hurt the efforts regarding anything the homeowner is trying to resolve.

Attorney Stavropoulos stated there are two e-mails in the Council's packets from Engineering which relate to improvements in terms of the grading.

Ms. Bond stated to the best of her knowledge, there was a problem on the cul-de-sac and there's bond money kept aside in order to repair that after the winter.  Councilman Edgar agreed, but noted that is only for the cul-de-sac and it doesn't address the resident's problem with drainage, and their drainage is a runoff into what the Town accepts.

Director of Planning, Jose Giner, joined the meeting.  Mr. Giner stated the process for accepting public improvements in the subdivision regulations is up to the Department of Public Works through the Town Engineer's office.  He stated his understanding the Town Engineer has inspected these improvements throughout their construction, and they determined that they're up to the standards for accepting improvements.  He noted the Town cannot deal with what is on private property with public improvement bonds.  He explained the Town's obligation is to provide a roadway, a drainage system, and some open space.  He added it also insures that when the houses are done, they will be able to get a certificate of occupancy.  He added his understanding that all of the work with respect to the subdivision road and the drainage and the sanitary sewers has been done to acceptable standards with the only exception of some patching that needs to be done at the bottom of the cul-de-sac.

Chairman Tallarita stated at this time, the Council should only be looking at a road that has been constructed according to acceptable standards.

Councilman Edgar stated it's his opinion that unless they address these concerns, they shouldn't be accepting the road.

Councilman Mangini agreed with Councilman Edgar and is not in agreement with passing this resolution this evening.

Councilman Edgar questioned what effect will the drainage of those lots have on a Town street.

MOTION #7022 by Councilman Edgar, seconded by Councilman Mangini to table this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7022 defeated 1-7-0, with Councilman Edgar voting in favor of the motion.

Councilman Reveruzzi suggested perhaps the Town Engineer could come in and explain the drainage issue.

Councilman Edgar stated he would like the Town Planning Department to be involved as well.

Chairman Tallarita stated at the next meeting, he would like the Town Engineer and Planning Department to be present to address questions regarding this resolution and related issues.

MOTION #7023 by Councilman Edgar, seconded by Councilman Mangini to table this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7023 adopted 8-0-0.

RESOLUTION #7024 by Councilman Edgar, seconded by Councilman Mangini.

BE IT RESOLVED, that the Enfield Town Council does hereby adopt the attached "Amendment to Lease" with the Enfield Housing Authority for the Adult Day Care Center facility at the Mark Twain Congregate Housing site as per Town Council Resolution No. 6991 that was adopted on February 2, 2004, and authorizes the Town Manager to sign said Amendment.

Chairman Tallarita stated when there's a lease renewal option, that option is in the favor of the lessee to either exercise or not exercise that option, but this resolution reads as though the lessee (the Town) has to serve notice 180 days prior and the lessor (Enfield Housing Authority) has the ability to reject that within 30 days.  He noted typically, the lessor cannot reject that.

Attorney Stavropoulos agreed with Chairman Tallarita in that this is how it would ordinarily work.

Chairman Tallarita suggested tabling this for further clarification.

MOTION #7025 by Councilman Fiore, seconded by Councilman Mangini to table this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7025 adopted 8-0-0.

RESOLUTION #7026 by Councilman Kaupin, seconded by Councilman Peruta.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

        TO     :      1100-0580    Travel                  $2,000.00

        FROM:  1100-0332    Professional Development  $2,000.00

CERTIFICATION:

I hereby certify the amount of $2,000.00 is available from Account 1100-0332 as of February 13, 2004.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7026 adopted 8-0-0.

RESOLUTION #7027 by Councilman Mangini, seconded by Councilman Peruta.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

        TO:           Social Service - Senior Center
                      Acct. #4400-630 Food/Food Related             $10,000.00

        FROM:         Social Services-Senior Center  
                      Acct. #4400-17010 Sales Account               $10,000.00

CERTIFICATION

I hereby certify the amount of $10,000.00 is available from Account #4400-17010 as of February 3, 2004.

/s/ Gregory Simmons, Director of Finance

Ms. Bond stated the senior center has been selling tickets for special events and the sales account is where they are bringing in their revenue.  She noted they brought in about $19,000 this year.  She stated they are having many programs with a lot of attendance, therefore, they're running out of the money that was budgeted.  She noted initially $20,000 was budgeted and there was an additional transfer during the year of $9,000, and now they need the additional $10,000 in order to keep these programs going.  She stated they're bringing in close to $3,000 per month with the programs they're having.  She noted it's mostly due to the greater response and the additional programs that have been added.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7027 adopted 8-0-0.

RESOLUTION #7028 by Councilman Kaupin, seconded by Councilman Edgar.

RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:

        TO:           Account #1600-540
                      Town Clerk
                      Legal Advertising             $3,000.00

        FROM:         Account #8030-840
                      Contingency                  $3,000.00

CERTIFICATION

I hereby certify the amount of $3,000.00 is available from Account #8030-840 as of February 9, 2004.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7028 adopted 8-0-0

RESOLUTION #7029 by Councilman Edgar, seconded by Councilman Egan.

RESOLVED, that the Enfield Town Council does hereby authorize the Town Attorney, Christopher W. Bromson, to settle the outstanding contract dispute with Grodsky Services, Inc. regarding claims for outstanding invoices for mechanical services and maintenance at the Public Safety Complex and at twelve municipal buildings and facilities as set forth in the following action:  GRODSKY SERVICES, INC. v. TOWN OF ENFIELD, Docket Number CV-03-0827466-S, for the sum of $35,000.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7029 adopted 8-0-0.

RESOLUTION #7030 by Councilman Kaupin, seconded by Councilman Mangini.

RESOLVED, that in accordance with Connecticut State Statutes, the Enfield Town Council does hereby authorize the transfer of $278,245.35 to the Suspense List as follows:

        October 1, 1999 Supplemental Motor Vehicle Taxes              $31,146.58
        October 1, 2000 Personal Property Taxes                      $59,009.02
        October 1, 2000 Motor Vehicle Taxes                  $188,089.75

Mr. Simmons stated this is the amount that each year the Tax Collector has determined is at the point where it's potentially uncollectible.  He noted this saves them from continuously sending out bills to these taxpayers.  He pointed out these taxes are still collectible for 15 years.

Councilman Reveruzzi questioned if there's any way the Town can sell these bills to a collection agency.  Mr. Simmons stated that's a possibility.

Councilman Fiore questioned whether there is a way to sell motor vehicle and supplemental motor vehicle suspense lists to get perhaps $.25 on the dollar and just write it off, instead of waiting for someone who might move back to Connecticut and try to register a vehicle.  Mr. Simmons stated he does not know what the market is at this time for this type of sale, however, they could look into this and possibly do an RFP to see if anyone is interested in purchasing these liens.

Councilman Fiore stated he would like Mr. Simmons to look into this.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7030 adopted 8-0-0.

COUNCILMEN COMMUNICATIONS

No one wished to speak.

ADJOURNMENT

MOTION #7031 by Councilman Kaupin, seconded by Councilman Mangini to adjourn.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7031 adopted 8-0-0, and the meeting stood adjourned at 9:30 p.m.

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