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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
JANUARY 20, 2004
Before the Regular Meeting was called to order, Deputy Mayor Lewis Fiore read a proclamation declaring Friday, February 6, 2004 as American Heart Association's "Wear Red for Women Day".
A Regular Meeting of the Enfield Town Council was called to order by Acting Chairman Lewis Fiore in the Council Chambers of the Enfield Town Hall, 820 Enfield Street, Enfield, Connecticut on Tuesday, January 20, 2004. The meeting was called to order at 7:33 p.m.
PRAYER - The Prayer was given by Acting Chairman Fiore.
PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was said.
ROLL-CALL - Present were Councilmen Crowley, Dodd, Edgar, Egan, Fiore, Kaupin, Mangini, Peruta, and Reveruzzi. Councilmen Tait and Tallarita were absent. Also present were Town Manager, Scott Shanley; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne Olechnicki; Town Attorney, Christopher Bromson; Chief of Police, Ronald Marcotte; Recreation Supervisor, Mary Keller; Director of Planning and Community Development, Jose Giner; Assistant Director of Public Works, Colleen Brand; Director of Public Works, John Kazmarski, Information Technology Director, Charlene Bond; Director of Finance, Gregory Simmons
FIRE EVACUATION ANNOUNCEMENT
Acting Chairman Fiore made the fire evacuation announcement.
MINUTES OF PRECEDING MEETINGS
MOTION #6948 by Councilman Mangini, seconded by Councilman Kaupin to accept the minutes of the January 5, 2004 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6948 adopted 9-0-0.
MOTION #6949 by Councilman Edgar, seconded by Councilman Mangini to accept the minutes of the January 5, 2004 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6949 adopted 9-0-0.
PUBLIC COMMUNICATIONS & PETITIONS
Esther Hannum, 16 Copper Drive
Stated she has a meeting scheduled with the Town Manager on Monday regarding the bus service. She went on to point out this bus service doesn't only consist of a telephone for an appointment. She explained each bus has a radio and the driver is told never to leave without a passenger. She noted if someone does not show up, the bus driver radios the dispatcher to inform them a passenger didn't show up. The dispatcher will try to reach the passenger by phone. She stated they do everything possible to reach the passenger to be sure everything is all right. She noted there were cases where they had to call an ambulance for someone. She pointed out they are dealing with elderly and mentally and physically challenged people. She noted things happen with elderly people living alone. She stated she wants the Council to understand the bus committee does not want this service destroyed.
Paul DiGregorio, 15 Debbie Lane
Stated his belief he was censored by the Mayor at a previous meeting because the Mayor felt he was infringing on a council member's reputation. He stated his belief his rights were violated when he was censored.
He spoke about the police using a bullhorn and floodlights at his home on September 8th in relation to the anti-blight law. He questioned the use of the floodlight and bullhorn and was told by the previous Mayor that the police were telling him there was a ticket in his front door and that it was within the rights of the police to come to his home at 9:00 p.m. and use a bullhorn and floodlight.
Mr. DiGregorio stated the police came to his home again on November 3rd for the anti-blight law. He noted he was told one of these officers had been under reprimand and probation for his actions on his property. He questioned why this officer was at his home. He stated when he opened the door this officer was in his bushes and he went for his gun. He voiced concern that he could have been shot over the anti-blight law.
Mr. DiGregorio demanded an investigation of everyone involved with this situation. He added he is able to supply a track record of falsified police reports.
Mary Ann Turner, 7 Meadow Road
Referred to the ordinance concerning the parking of trucks and questioned whether the parking ticket actually has bite to it. She questioned whether they can have further enforcement with repeat offenders. She feels there has to be a consequence for every person who lives in town--both homeowners and renters.
Jack Sheridan, 7 Buchanan Road
As concerns the high density housing proposed on Elm Street, Mr. Sheridan asked the Town to consider the impact such a project would have on sewers, schools and taxes.
Mr. Sheridan appealed to the Council to stop working on projects that were voted down by the voters in the referendum.
Christine Therian, Debbie Lane
Referred to Mr. DiGregorio's comments about the police visiting his home on September 8th. She noted she was present with other people when this occurred. She pointed out some of the cars on this property did not belong to Mr. DiGregorio. She stated her understanding he should have first received some type of prior written notice regarding these vehicles. She noted her ex-husband had left one of the vehicles on this property and Mr. DiGregorio was charged for that vehicle as well. She stated there were tickets for $307, $144 and $193. She went on to note the manner in which the police visited this home on September 8th was scary.
Ms. Therian stated since she became divorced from an Enfield police officer, a lot of things began to happen in the past six or seven years in the sense of harassment, which are unusual and most people don't experience. She pointed out a lawsuit is underway as a result of everything they have on record over the years. She feels this is all the result of a personal vendetta against her and most particularly Paul DiGregorio. She stated she feels rather threatened and frightened to live in this town. She added her belief their civil rights are being violated.
John Mihalick, 30 Litchfield Drive
Stated he is a transporter of cars and owns three tractor trailers. He questioned if it is going to be illegal for him to keep his trucks in town, will it be legal to charge him personal tax on his three trucks.
Paul DiGregorio, 15 Debbie Lane
Stated they have been receiving harassing phone calls from the police department at 3:28 a.m., 6:30 a.m., 12:30 a.m. He went on to note an Enfield police officer called his employer on January 31, 2002 and told them he was involved with his ex-wife, he's a very violent man, and they should be concerned doing business with him. He pointed out his company pressured him to leave over the next six month and he lost this job on July 31, 2002.
Mr. DiGregorio stated he has been meeting with attorneys who are saying judges and police are involved. He noted the attorneys believe someone in the judicial or law enforcement community has a vendetta against his deceased father and since his father died young, they've decided to take it out on him. He stated his belief they need to have U.S. Attorney John Durham come here for a clean sweep.
Mary Ann Turner, 7 Meadow Road
As concerns Mr. Sheridan's remark about the Town going forward on items that were voted down in a referendum, Ms. Turner pointed out when the Town went out for a referendum, it was for a very specific project with a certain dollar amount on it. She noted when people voted against the referendum, they voted "no" because of the cost not because they didn't want the Council to continue keeping the Town in good shape. She stated if the Council has the money in the budget and they can do something that will improve conditions, i.e., Brainard Park, then she supports the Council wholeheartedly.
Paul DiGregorio, 15 Debbie Lane
Pointed out he served his country and belongs to Post 154 of the American Legion. He stated he expects some respect because he hasn't done anything to anyone. He pointed out he has had a police officer scream in his face and he questioned if this is a breech of peace and against the law.
Mr. DiGregorio concluded stating he is asking the Council to have an investigation into the Enfield Police Department. He noted every time he goes to the police station to file a complaint, he gets screamed at and isn't able to file a complaint. He noted his attorney advised him to set up a ledger, writing down descriptions, dates, etc.
COUNCILMEN COMMUNICATIONS & PETITIONS
Councilman Mangini thanked town staff for replacing the Leary Road sign. She went on to note the Snowflake raffle, sponsored by the Felician Adult Day Care is scheduled for Sunday, 1:00 p.m. to 4:00 p.m.
MOTION #6950 by Councilman Edgar, seconded by Councilman Kaupin to add 12f to the agenda, an item regarding Enfield High School FF&E.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6950 adopted 9-0-0.
MOTION #6951 by Councilman Edgar, seconded by Councilman Mangini to move Item 12f to 10a on this evening's agenda.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6951 adopted 9-0-0.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Shanley referred to a speaker's question about the taxation of a vehicle and suggested this person consult his own attorney regarding that. He went on to note oftentimes it's where the vehicle is housed, however, one case decided it was where the company is housed.
Mr. Shanley congratulated Councilman Mangini who has been appointed by the National League of Cities to the Finance Administration Intergovernmental Relations Committee for the National League. He noted there are about 35 people around the country that serve on that committee.
TOWN ATTORNEY REPORT & COMMUNICATIONS
Attorney Bromson stated he had no formal report this evening.
Councilman Reveruzzi clarified the truck owner can park his trucks in Enfield, but he can't park them on a public street or private driveway.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Mangini stated the July 4th Committee began their meeting sessions for this year, and they're organizing their sub groups.
Councilman Mangini stated the North Central Connecticut Mental Health met the beginning of this month. She noted this was an organizational meeting, and there will be more meetings to follow.
RESOLUTION #6952 by Councilman Edgar, seconded by Councilman Mangini.
WHEREAS, the charge of the Enfield High School Building Committee requires the Town Council of the Town of Enfield to review progress prior to the award of construction bids, and
WHEREAS, the Town Council has been informed to its satisfaction and had its questions answered,
NOW, THEREFORE, BE IT RESOLVED, the Town Council, Town of Enfield, hereby authorizes the Town Manager to enter into necessary agreements to execute the Committee's furniture and fixture recommendations.
Present for this discussion was Assistant Director of Public Works, Colleen Brand.
Ms. Brand stated the budget for the FF&E was $450,000 and the bids that have come in total a little under $360,000. She noted they recommend awarding to four vendors, all of which encompasses the lowest bid.
Councilman Edgar questioned if this is complete or are there a couple outstanding items, and was this a unanimous vote by the committee Ms. Brand responded this is complete and this was a unanimous vote.
Acting Chairman Fiore thanked Ms. Brand and the Committee for their work.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6952 adopted 9-0-0.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL)
MOTION #6953 by Councilman Mangini, seconded by Councilman Kaupin to remove Item #4 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6953 adopted 9-0-0.
NOMINATION #6954 by Councilman Mangini to appoint Richard Villeneuve (U), 10 Field Road to the Ethics Commission for a term which expires 10/31/05.
MOTION #6955 by Councilman Kaupin, seconded by Councilman Egan to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6955 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Richard Villeneuve appointed to the Ethics Commission by a 9-0-0 vote.
MOTION #6956 by Councilman Mangini, seconded by Councilman Kaupin to remove Item #9 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6956 adopted 9-0-0.
NOMINATION #6957 by Councilman Mangini to reappoint Anthony DiPace (D) as an alternate on the CRCOG Planning Commission for a term which expires 12/31/04.
MOTION #6958 by Councilman Kaupin, seconded by Councilman Dodd to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6958 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Anthony DiPace reappointed to the CRCOG Planning Commission by a 9-0-0 vote.
MOTION #6959 by Councilman Kaupin, seconded by Councilman Edgar to remove Item #10 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6959 adopted 9-0-0.
NOMINATION #6960 by Councilman Kaupin to appoint Nicles Lefakis (R) to the CRCOG Planning Commission as a full-time member for a term which expires 12/31/04.
MOTION #6961 by Councilman Kaupin, seconded by Councilman Dodd to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6961 adopted 9-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Nicles Lefakis appointed as a full-time member to the CRCOG Planning Commission by a 9-0-0 vote.
All other appointments remained tabled.
Items c. and d. remained tabled.
MOTION #6962 by Councilman Kaupin, seconded by Councilman Mangini to remove Item e. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6962 adopted 9-0-0.
RESOLUTION #6963 by Councilman Mangini, seconded by Councilman Egan.
WHEREAS, the Town Council of the Town of Enfield has reviewed the proposed ordinance and conducted a Public Hearing; and
WHEREAS, the Town Council has made all changes it judges to be appropriate,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield hereby adopts the attached Commercial Vehicle Parking Ordinance.
Present for this discussion was Chief of Police, Ronald Marcotte.
Councilman Edgar noted there is no enforcement action, other than a fine and what happens afterwards if they don't pay the fine.
AMENDMENT #1 by Councilman Edgar, seconded by Councilman Mangini to change the first sentence to read as follows:
"Commercial trailers and motor vehicles with a gross vehicle weight in excess of 5,000 pounds that have either a commercial or a combination registration shall not be parked on any highway, except during the hours of 11:00 a.m. to 2:00 p.m. for general maintenance, that is cleaning and washing."
Councilman Mangini stated her belief there are businesses in Enfield where a commercial vehicle can be cleaned. Councilman Reveruzzi agreed there are at least two locations in Enfield where commercial vehicles can be cleaned. Councilman Edgar agreed a trucker may be able to clean a cab in these facilities, but it's questionable these facilities can accommodate a trailer or car-carrying rack.
Councilman Crowley voiced his concern about liability exposure if the Town is giving permission for the cleaning of trucks on residential streets.
Councilman Kaupin stated his belief commercial trucks shouldn't be cleaned in residential neighborhoods.
Councilman Egan agreed with Councilman Kaupin and stated she would not want to see this activity, particularly in freezing weather.
Acting Chairman Fiore agreed that a residential area is no place for anyone to be bringing in big rigs for cleaning.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #1 defeated 1-8-0, with Councilman Edgar voting in favor.
Councilman Edgar questioned what happens if someone does not pay the fine. Chief Marcotte suggested they do the parking ticket and they can keep track of them. He noted after two or three tickets, they can issue a summons.
Acting Chairman Fiore pointed out they could implement this ordinance, and if adjustments are required, they can do so later.
Councilman Edgar questioned what will the parking ticket be given for. Chief Marcotte said once the ordinance is passed, they will attach the ordinance to their parking tickets.
Councilman Kaupin questioned where they came up with $50. Chief Marcotte stated $50 to $75 was suggested and his opinion was $50. He noted most of the parking tickets are $25 and handicap tickets are $50.
Councilman Kaupin stated if a person is getting $50 tickets, it's substantial, particularly if they start adding up. He noted he would like the fine to stay at $50. He stated they can see how that works, and if it needs more teeth, perhaps they can go with a higher fine.
Councilman Edgar questioned if an appeals process is needed. Attorney Bromson responded no. He noted if there are multiple violations and there's a summons, they have a built in process of appeal because they would have to go through a court process. He added, as concerns the amount of the fine, by law $100 is the maximum for these types of penalties.
Councilman Crowley requested clarification on the truck weight, and Acting Chairman Fiore stated they stayed at 5,000 lbs. and that's consistent with Planning & Zoning.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6963 adopted 9-0-0.
MOTION #6964 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 #6964 adopted 9-0-0.
DISCUSSION RE: EMS
Attorney Bromson updated the Council. He noted his office sent letters to the Fire District Commission Chairpersons and Fire Chiefs pursuant to the Town Council's directive to ask if they would be interested in running independently the EMS in the future. He noted their response came in today and it does evidence on their part to do so. He stated they indicated they're in the preliminary stages of developing a plan for organizational structure, as well as a business plan. He stated he can ask them what is that project schedule. He noted they're having another meeting tomorrow evening and he's been invited to attend, and he will go so that they can continue dialog.
MOTION #6965 by Councilman Edgar, seconded by Councilman Mangini to retable this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6965 adopted 9-0-0.
Item g. remained tabled.
MOTION #6966 by Councilman Mangini, seconded by Councilman Edgar to remove Item h. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6966 adopted 9-0-0.
RESOLUTION #6967 by Councilman Mangini, seconded by Councilman Edgar.
WHEREAS, the Town Council of the Town of Enfield has reviewed the proposed ordinance and conducted a Public Hearing; and
WHEREAS, the Town Council has made all changes it judges to be appropriate;
NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of Enfield hereby adopts the attached Inland/Wetlands and Watercourses Agency Amended Ordinance.
Acting Chairman Fiore explained they made a minor change which won't change the scope of this commission. He noted this commission was previously Town Manager appointed and it still remains so, however, they're adding a caveat that appointments also be Town Council approved.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6967 adopted 9-0-0.
MOTION #6968 by Councilman Mangini, seconded by Councilman Kaupin to remove Item i. from the agenda.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6968 adopted 9-0-0.
RESOLUTION #6969 by Councilman Mangini, seconded by Councilman Kaupin.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Human Resources $15,000.00
Acct. #1700-332 Legal
FROM: Acct. #8030-840 Contingency $15,000.00
CERTIFICATION
I hereby certify the amount of $15,000.00 is available from Account #8030-840 as of 12/10/2003.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6969 adopted 8-1-0, with Councilman Edgar voting against the resolution.
NEW BUSINESS
DISCUSSION RE: VHB/PAVEMENT CONDITION INDEX/ROAD 2005
Acting Chairman Fiore stated staff is working on this.
RESOLUTION #6970 by Councilman Mangini, seconded by Councilman Kaupin.
WHEREAS, the Enfield Inlands Wetlands and Watercourses Agency approved the application of Elm Development LLC for regulated activities in connection with a Senior Residential Development off of Elm Street, subject to conditions of IW Permit #362,
WHEREAS, as a condition of approval the developer was required to convey to the Town a Conservation Easement over a portion of the property that was the subject of the application.
WHEREAS, the present owners of the lot have submitted an executed Conservation Easement for acceptance and filing,
WHEREAS, it is in the interest of public health and safety that the areas described in such easement be protected from encroachment due to their environmental sensitivity, and
WHEREAS, the Town Attorney has reviewed the easement and deed and has approved it as to form,
NOW, THEREFORE, BE IT RESOLVED, that the Enfield Town Council does hereby accept and will record the Conservation Easement executed by Robert DiGennaro on behalf of Elm Development LLC.
Councilman Edgar questioned the initials on this document and Mr. Giner noted those are the initials of Mr. DiGennaro.
Councilman Reveruzzi indicated he would abstain from this vote.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6970 adopted 8-0-1, with Councilman Reveruzzi abstaining.
DISCUSSION RE: SUMMER CAMP PROPOSAL
Present for this discussion was Mary Keller, Recreation Supervisor
Ms. Keller stated the recreation staff went with this proposal because it was something they could handle their first year out. She noted they focused on trying to provide a basic day camp and from there they could decide whether they wanted to add things such as extended care, a half-day camp for younger children, etc.
Councilman Kaupin stated he understands there are some parents very happy about this program.
Councilman Mangini stated she received calls in favor of this program. She noted one phone call was from a parent with a handicapped child. She questioned if the school system supplies an aide for this camp. Ms. Keller stated it would have to be written into their PPT. She noted they are looking to implement this into the summer camp program.
Councilman Egan stated her belief this is very forward thinking. She noted although the playground program worked very well in previous years, this updated idea will meet the needs of the community.
Councilman Crowley commended Ms. Keller for her work on this. He stated his belief this is a very positive and forward thinking proposal. He suggested that wherever they hold this summer camp there should be traffic signage for a lower speed limit, i.e., 25 mph. He requested this be done through the police department.
Acting Chairman Fiore voiced concern about children falling through the cracks at those playgrounds not being served by counselors. He noted some of those children would probably already be partaking in some program such as this proposed camp if they could. He stated the Mayor was unable to be here tonight, and he had some comments he wished to make. He questioned whether this could wait two more weeks.
Mr. Vindigni stated they wanted to get brochures out about this program as soon as possible so that parents can make plans. He noted they are still planning to run two playground programs this summer.
It was the consensus of the Council that Ms. Keller and Mr. Vindigni can go forward with this new program.
MOTION #6971 by Councilman Mangini, seconded by Councilman Reveruzzi to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6971 adopted 9-0-0.
RESOLUTION #6972 by Councilman Kaupin, seconded by Councilman Mangini.
Councilman Reveruzzi stated his belief they should look into expanding and providing the resource for some type of home ownership program, particularly in the Thompsonville Village. He noted home ownership changes a neighborhood dramatically.
Mr. Shanley stated they are currently in the process of putting together a comprehensive housing rehab program to include encouraging home ownership and property ownership. He stated one reason for moving this relatively quickly is because the North School would fall under this. He noted they will be having a discussion at some point about the housing initiative. He stated they are not yet ready to bring it forward because they're still working on it. He noted they're working on the financing side and developing some partnerships, and it seems to be moving along reasonably well in some areas. He added his belief the timing is right, and staff agrees with Councilman Reveruzzi's thought process.
Councilman Reveruzzi offered his assistance in this area.
Councilman Crowley agreed with Councilman Reveruzzi's idea.
Acting Chairman Fiore stated he supports this program. He went on to note for a minimal amount of tax loss over a seven-year period, the community realizes tremendous benefits in the long run. He referred to Item #3 and stated his belief 10%, rather than 15% for non-residential properties would more likely encourage people to take advantage of this program. He went on to question the $50 application fee. Mr. Shanley explained the reason for the application fee is to avoid people who would come in and make application even though they think they might not qualify.
Acting Chairman Fiore noted they are tying this in with a date specific, therefore, this will have to come back before the Council again. Mr. Shanley agreed and noted that probably can come out.
MOTION #6973 by Councilman Kaupin, seconded by Councilman Egan to table this item.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6973 adopted 9-0-0.
MOTION #6974 by Councilman Edgar, seconded by Councilman Crowley to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6974 adopted 9-0-0.
RESOLUTION #6975 by Councilman Edgar, seconded by Councilman Mangini.
Acting Chairman Fiore explained this is a resolution of the Town supporting CRCOG's plan for the Route 190 improvements. He noted the Council is taking a vote as to whether they accept CRCOG's plan.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #6975 adopted 9-0-0.
ADJOURNMENT
MOTION #6976 by Councilman Mangini, seconded by Councilman Edgar to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #6976 adopted 9-0-0.
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