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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
MONDAY, DECEMBER 6, 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 Monday, December 6, 2004. The meeting was called to order at 7:35 p.m.
PRAYER - The Prayer was given by Councilman Kaupin.
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 was absent. 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 Finance, Gregory Simmons; Director of Information Services, Charlene Bond; Director of Libraries, Henry Dutcher; Chief of Police, Ronald Marcotte, Deputy Chief of Police, Carl Sferrazza.
FIRE EVACUATION ANNOUNCEMENT
Chairman Tallarita made the fire evacuation announcement.
MINUTES OF PRECEDING MEETINGS
MOTION #7481 by Councilman Mangini, seconded by Councilman Tait to accept the minutes of the November 8, 2004 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7481 adopted 9-0-1, with Councilman Fiore abstaining.
MOTION #7482 by Councilman Mangini, seconded by Councilman Egan to accept the minutes of the November 8, 2004 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7482 adopted 10-0-0.
MOTION #7483 by Councilman Mangini, seconded by Councilman Kaupin to accept the minutes of the November 15, 2004 Special Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7483 adopted 10-0-0.
MOTION #7484 by Councilman Mangini, seconded by Councilman Crowley to accept the minutes of the November 15, 2004 Regular Meeting.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7484 adopted 10-0-0.
PUBLIC COMMUNICATIONS & PETITIONS
Nikki Price, 6F The Hamlet
Stated she has been active in the Enfield Street School PTO and is displeased with the process to rename Enfield Street School to the Francis A. Burke, Jr. Elementary School. She requested an explanation why the community of Enfield Street School was denied due process from the beginning regarding this issue. She stated her impression there was a behind the scenes agreement between the Town Council and Board of Education to circumvent the involvement of the public in the process of renaming Enfield Street School. She requested the Town Council fairly assess what has happened.
Ms. Price questioned who made the proposal to rename the school and when was the proposal made.
Richard Stevens, Chairman of the EMS Commission
Stated the fire service in Enfield has been participating in delivering emergency medical services to residents and visitors in Enfield from 1996 to the present day. He noted firefighters have treated and transported thousands of patients in that time frame. He pointed out the experience gained through providing emergency medical service for many years has given the fire service a unique perspective on how emergency medical services in Enfield can be improved. He noted those improvements are imbedded in the EMS business plan that was hand-delivered to each Council member last Friday. He stated the EMS Committee of the fire districts of Enfield urge the Council to seriously consider the plan for implementation.
Mr. Stevens stated they acknowledge the plan has been submitted past the deadline by the Town Council, but they ask the Council to overlook that deadline in the interest of what is best for the community.
He stated it's imperative that the emergency medical service available to the community is the best it can be without duress from political agendas or bias. He noted the following advantages gained from using a fire service based system to provide emergency medical services are compelling:
a. minimal down time for dual role providers
b. economy of scale savings derived from FLSA exemptions with regard to overtime pay and the ability of firefighter EMT's to multitask EMS and fire service duties
c. a low turnover rate that leads to higher skill levels in emergency medical care
d. higher public trust ratings
e. improved continuity of care for patients from initial rescue to treatment to transportation and handing off to emergency hospital department staff
f. a large number of additional resources (firefighter EMT's) available for handling larger incidents, i.e., disaster mass casualty incidents and simultaneous multiple incidents
g. provide personnel that are already trained in fire department operations
h. incident command procedures and personnel that are familiar with the community, particularly street locations
It is time the political differences be put aside in the interest of providing the citizens of Enfield with the best possible medical services.
Brian Ellis, 7 King Court
Stated he is a parent of an Enfield Street School student. He stated he would like an apology written to the Enfield Street School students and parents and the Roxy Burke family. He feels Mr. Burke did a lot for Enfield, but the Council attempted to put his name on some building without going through the proper channels.
Attorney Daniel Samuels from Robinson and Cole
Informed the Council that he is present this evening to represent the Thompsonville Fire District.
Charles Woods, 11 Westerly Drive
Stated his belief the fire departments deserve serious consideration concerning their EMS plan.
Robert Tkacz, 1300 Enfield Street
Stated his belief it would be wise to use the expertise of the fire departments to run the EMS service.
Scott Prentiss, 60 Meadowlark Road
Stated he has served the fire district for 23 years as a captain and the last eight years as a commissioner. He noted he's also currently employed in the management structure of a large, local multi-national corporation, therefore, he understands time lines and commitment from dedicated people. He voiced his support of the EMS plan from the firefighters and requested the Council consider that plan. He added this plan is supported by the public. He noted the fire service can deliver on their plan.
COUNCILMEN COMMUNICATIONS & PETITIONS
Councilman Mangini reminded everyone to remember the Enfield Food Shelf and Loaves and Fishes during the holiday season. She suggested perhaps people can make a money or food donation.
Councilman Mangini questioned the status of the 100-year business program.
Councilman Kaupin stated in Friday's packet the Council received a letter from Chairman Hilinski from the Board of Education concerning the Open Choice monies. He requested the Town Manager let the Council know what that financial impact will be.
Councilman Kaupin expressed his appreciation to the Journal Inquirer for the letter regarding their failure to publish the notice on the election and referendum. He suggested this letter be sent to Senator Kissel and Representatives Tallarita and Jarmoc since they will need their help with the validating act at the state level.
Councilman Kaupin commended the Public Works for the good job they did with the leaf collection program this year.
Councilman Peruta thanked everyone who responded to his e-mails and made it possible for the Enfield Food Shelf to make its turkey distribution commitment.
Councilman Peruta stated he enjoyed reading the Polar Express at Barnes and Noble. He noted Barnes and Noble has a program whereby people can purchase books that can then be donated to the Enfield Day Care.
Councilman Peruta thanked everyone he spoke to over the weekend and for their helping him better understand the EMS issue.
MOTION #7485 by Councilman Fiore, seconded by Councilman Mangini to move Item 13p to 10a; 13i to 10b, and 13d to 10c. Also, to move to Miscellaneous Items 13c., e., g., h., l., and o.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7485 adopted 10-0-0.
Councilman Fiore requested a copy of the list of all the non-profits who are currently paying a sewer use charge.
Councilman Crowley stated a few Council members had the opportunity to recently attend a Voices, Inc. production. He noted this group does a fantastic job.
Councilman Crowley commended Town staff in getting the pier work completed on the Freshwater Pond. He questioned whether there is any information on a dedication for this project. Mr. Shanley stated that information is not yet available.
Chairman Tallarita commended the Public Works Department on the fine job they did collecting leaves this year.
Referring to the proposal to rename the Enfield Street School, Chairman Tallarita stated he was present at the Board of Education meeting when this was discussed. He noted at the very beginning of the Board of Education meeting, he requested the Board drop that issue. He stated it was suggested tonight and at other times that this issue was some type of underhanded maneuver and that the Council was pushing this issue onto the Board of Education. He stated his understanding Chairman Hilinski is writing a letter in response to the questions that were raised that evening.
Chairman Tallarita explained how the name change proposal came about. He stated a number of Council members did approach the Board of Education Chairman in a caucus meeting and questioned if there was a way that the Board of Education could suggest renaming something in honor of Roxy Burke, who was a member of the Board of Education for 14 years and then Mayor of Enfield. He emphasized the Council did not ask for a certain building to be named, but rather asked if something could be suggested. He added the Council originally suggested the Head Start building, but learned it was already being named for Elijah Churchill. He pointed out Chairman Hilinski suggested the Enfield Street School because that school isn't named after a person like the majority of the other schools are, and the Council agreed that was a fine decision if the Board of Education chose to do so. He stressed this was not meant to be underhanded, but rather it was meant to be an honor to the Burke family. He pointed out when they saw this being blown up and how things transpired, they went to the Board of Education and requested they drop this issue because Roxy Burke would not have wanted it that way.
TOWN MANAGER REPORT & COMMUNICATIONS
Mr. Shanley recognized the Journal Inquirer for voluntarily stepping forward and accepting responsibility for that publication error.
Mr. Shanley congratulated Councilman Mangini for being appointed by the President of the National League of Cities to serve again as the Co-Chair for the National FAIR Committee.
TOWN ATTORNEY REPORT & COMMUNICATIONS
There was no formal report this evening.
REPORT OF SPECIAL COMMITTEES OF THE COUNCIL
Councilman Mangini referred to the National League of Cities and stated many resolutions were proposed and passed unanimously by the Committee. She noted the resolutions came from the FAIR Committee, Public Safety, IT, Economic Development and Human Development Committees. She noted she will have a full report on December 17th.
Councilman Peruta stated about a week ago, the IT Blue Ribbon Committee kicked off with an organizational meeting and elected a Chair. He noted Steven Moore will be the Chair and Jim Pines will be the Vice-Chair. He stated everyone is enthused about moving forward. He noted they will start off with a couple presentations - one by the Town IT Department followed by a School IT presentation. He pointed out these meetings will be publicly posted.
Councilman Fiore stated the special committee that the Board of Education has put together for taking a look at cost reductions or how they expend some of their monies will be having its second meeting this Thursday night at Henry Barnard at 7:30 p.m. He noted he has volunteered to serve on this committee and Councilman Kaupin will also participate.
DISCUSSION RE: BRIEFING FOR COUNCIL BY PRISON ADMINISTRATION - 01/26/05 EXECUTION
Present from the Department of Corrections were Brian Garnet, Director of External Affairs and Remy Acosta, the North District Administrator for DOC.
Mr. Acosta stated in October they received a court order to proceed with the execution of inmate, Michael Ross, on January 26th on or about 2:00 a.m. He noted they started to strategize the entire operation as soon as they received the court order. He explained they communicated with the State Police, the Enfield Police Department, the Somers state trooper. He noted they produced a draft plan which has to go to the Commissioner for review and approval.
Mr. Shanley questioned staging, i.e., where the press will be located and how traffic control will be handled. Mr. Garnet stated they've worked very closely with both the Enfield and State Police throughout the process and that is continuing. As concerns road closings, etc., those questions would best be directed to the police. As concerns the staging for the media, they will be located on the property of the Carl Robinson facility. He noted there will be a meeting with the media tomorrow to discuss logistics and they will also have designated protester areas for both pro and con. He noted those areas will be separated and blocked off.
Mr. Garnet stated it's the DOC's intent to have as minimal impact as possible on the community.
Councilman Mangini stated the quarterly meeting of the Prison Liaison Committee is scheduled for this Wednesday and she questioned whether the DOC will be in a position to address that committee on current events. Mr. Acosta responded yes and noted they will be able to share a little more information at that point.
Councilman Fiore questioned whether DOC anticipates any extra police services that Enfield will have to provide. Mr. Garnet stated they have left that to the state and local police to determine what's appropriate.
Councilman Fiore stated his hope local taxpayers will not have to pick up any extra overtime pay as a result of this state activity. He added his hope there will be some financial participation from the state if Enfield has to expend extra monies for police overtime. Mr. Garnet stated it will be their intention to work cooperatively throughout this entire process.
Councilman Kaupin stated he heard the protest staging area may be held at the Shaker Soccer Complex. He acknowledged this may be a peaceful demonstration, however, the Town has invested money over time to improve this complex. He questioned whether DOC would cover any expenses if this complex is damaged. Mr. Garnet stated it's their intention to take care of their host communities.
Mr. Shanley pointed out DOC is very security sensitive and they are trying not to articulate too much exactly what the plan is, and that was the direction they were given and that's also the direction that Town staff was given. He added perhaps Wednesday evening DOC will have clearance to give a little more detail.
DISCUSSION/RESOLUTION RE: LIBRARY PLANNING GRANT
Henry Dutcher, Library Director was present for this discussion. He noted the Council has within their packets the text of a long-range planning grant that they applied for through the Connecticut State Library. He stated they were pleased to find out that they were granted a maximum grant of $10,000. He noted the purpose of this grant is to do long-range planning across the board concerning library services. He stated the grant does require a 25% match from the Town. He explained the way this is handled, their match comes off from staff time invested in doing the grant and some minor budget lines already in the library budget - using supplies, postage, food for a reception, etc. He noted this more than 50% matches the grant, therefore, that match is all handled without any further outlay of money.
Councilman Fiore voiced his support of this. He stated in the description of why they want to do the grant there's a statement saying the original carpet still remains in most of the library. Mr. Dutcher noted that's no longer true. Councilman Fiore referred to the statement about the roof leaking frequently. Mr. Dutcher responded it leaked last week. Councilman Fiore pointed out they have something in place to start working on that roof and the Council was anticipating that roof work would have been done this year. Mr. Shanley pointed out that went out to bid, however, they did not get any bidders.
Councilman Fiore stated his understanding the HVAC was taken care of, and Mr. Dutcher stated HVAC service has come three times in the last two weeks.
Councilman Fiore pointed out this Council is attempting to address some of the maintenance issues and the Council and staff have made a commitment to address some items.
Councilman Fiore referred to the planning document and mention of a committee being put together to do the planning with the Director. Mr. Dutcher stated this committee wouldn't actually be doing the planning with him, but rather the planning is done by a citizen committee of the town with the library acting as liaisons to that committee.
MOTION #7486 by Councilman Tait, seconded by Councilman Mangini to suspend the rules to address this item under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7486 adopted 10-0-0.
Mr. Dutcher informed the Council of another grant from NASA and the American Library Association. He noted this was a competitive grant, and Enfield is only one of thirty-three libraries in the entire country that received the grant and one of two in New England to receive this grant. He explained this is a NASA exhibit that comes in and has over three and a half hours of material on NASA within the exhibit. He stated it's meant to be a curriculum lab and Enfield will have it during the month of February, and they already have 11 classes lined up to come in February. He noted they will have quite a few classes signed up by February. He stated they will also have an opening reception with astronaut, Story Musgrave, who is one of the most experienced astronauts they've ever had. He's flown on four shuttle missions and he has run six other shuttle events from the ground. Mr. Musgrave will be in town on February 2nd and he volunteered to do an additional program at one of the schools. He stated he will send more details to the Council so that they can have a good welcoming committee.
Chairman Tallarita commended Mr. Dutcher for all the work he does to procure these grants and for the programs he puts on for the communities.
DISCUSSION/RESOLUTION RE: TECHNOLOGY GRANT/LEASE BOE
Present for this discussion was Joanne Kneiss, IT Director for Enfield Public Schools.
Ms. Kneiss stated the grant deadline is December 21st and they need the Council and Board of Education approval for a fiber connection between Enfield and Fermi High Schools. She explained this requires an up-front lease for twenty years, and the Board of Education cannot move forward on a lease without the Town's approval. She noted she provided information within the Council's packets regarding this. She stated this is a very competitive grant for the State of Connecticut for the schools. She noted the district limit is $150,000, and they will be applying for the equipment they need to go along with the fiber as well as a new firewall.
Ms. Kneiss stated the fiber does exist out on the lines on Enfield Street, and Asnuntuck is on the connection as well. She explained this is for the Connecticut Education Network. She noted in the future they will be administering the CAPT test to the students on line. She stated the primary focus of this grant is to make sure they have the capacity to do this on their network. She noted this fiber connection will provide them with that capacity, plus it will afford them the opportunity to use their infrastructure for a lot of other reasons, not just for testing.
Ms. Kneiss stated one step up with T1 would be over $1,000 per month, as opposed to the $1,200 per year when they go to fiber. She noted the fiber provides a lot more capacity.
Councilman Fiore stated his understanding the need for this particular grant and upgrade is that all the tenth graders in both high schools will be taking the CAPT test on line in the next couple years. He noted to do this, it will be necessary to have a network upgrade because the current T1 line will not support this many students taking the test on line, therefore, it will be necessary to go to fiber. He noted it's also his understanding that the Board of Education cannot enter into leases, but rather it has to be Council approved and working with the Board of Education. He questioned if they have to get this in place so they can do this testing next year. Ms. Kneiss stated it will not be in place next year, but rather next year the focus will be looking at equipment and they will be hoping the State will provide the equipment, i.e., the computers. She explained the State is working on an RFP for equipment to do this.
Councilman Fiore stated his understanding the $1,200 annual fee is really less than the current annual fee.
Councilman Peruta questioned if new fiber is being put in place, and Ms. Kneiss stated the fiber is already on the poles. Councilman Peruta questioned the firewall, and Ms. Kneiss responded they could fit in the firewall for the $150,000.
Councilman Reveruzzi questioned who the lease would be with, and Ms. Kneiss responded Fibertec. Councilman Reveruzzi questioned if this is a fixed price lease over 20 years, and Ms. Kneiss responded yes.
Councilman Kaupin questioned if they see any problem getting approval now and getting this accomplished in a six-month period, and Ms. Kneiss responded no, since the fiber is in their area.
MOTION #7487 by Councilman Tait, seconded by Councilman Egan to suspend the rules to address this item under Miscellaneous this evening.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7487 adopted 10-0-0.
OLD BUSINESS
APPOINTMENTS (TOWN COUNCIL)
MOTION #7488 by Councilman Kaupin, seconded by Councilman Egan to remove Item #11 from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7488 adopted 10-0-0.
NOMINATION #7489 by Councilman Kaupin to reappoint Aaron Martin Zolotor ( R ) to the Connecticut Water Company Advisory Council for a term which expires 01/01/06.
MOTION #7490 by Councilman Tait, seconded by Councilman Egan to close nominations.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7490 adopted 10-0-0.
Upon a ROLL-CALL vote being taken, the Chair declared Aaron Martin Zolotor appointed to the Connecticut Water Advisory Council by a 10-0-0 vote.
All other appointments remained tabled.
Item c. remained tabled.
MOTION #7491 by Councilman Fiore, seconded by Councilman Tait to remove Item d. from the table.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7491 adopted 10-0-0.
RESOLUTION #7492 by Councilman Mangini, seconded by Councilman Tait.
WHEREAS, the Town Council of the Town of Enfield has thoroughly discussed the issues surrounding Emergency Medical Services in the Town of Enfield; and
WHEREAS, numerous options and alternatives to provide EMS have been discussed and debated over a two-year period; and
WHEREAS, the Town Council desires to have a plan implemented for July 1, 2005;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield
a. directs the Town Manager to implement the Emergency Medical
Services Plan as substantially outlined in a memorandum to Council
dated November 5, 2004, including the fire services in a voluntary supplemental first responder role and to provide contracted "back-up" BLS response in the context of the overall system, and
b. the Town Manager is directed to hire an Emergency Medical Services
Director who will supervise the EMS division, and
c. Resolution #6764 passed in October 2003 is hereby rescinded, and
d. the Town Council expresses its great appreciation for the enormous amount of work done, and, the personal contributions of each member of the Town of Enfield EMS Advisory Committee during lengthy and sometimes difficult public discussion which all added great value and perspective for the Council's final decision. The Commissioners are hereby released from charge and the body is dissolved.
Chairman Tallarita stated on Friday evening the fire departments presented a plan to the Council. He then gave that plan to the Town Attorney on Saturday for his review. He requested the Town Attorney's opinion regarding this.
Attorney Bromson stated he became involved in this issue a year ago when the Council passed a resolution in December, 2003 and asked him to look at this to see if the fire departments would be able to take over the EMS if they were interested in doing so. He noted on that same week he sent the fire departments a letter, which was the first of many to them. He stated some important issues needed to be addressed - under what legal entity would they be able to perform EMS for Enfield and patient care and accountability from the medical people at the hospital down to the providers in the ambulance.
Attorney Bromson stated the fire service responded in the affirmative, and he began meetings with the fire chiefs. He noted these were very informative and productive meetings. He added as the process moved forward he attended some of the EMS Commission meetings in the early stages to see what they could do to facilitate and assist them in successfully coming up with a plan to accomplish this. He noted he made it clear to them at all of the meetings and informally that all Town Council members were interested and anxious to have them perform the service because of their professionalism, dedication to the Town and their real desire to do this in the best way possible for the people of Enfield.
Attorney Bromson stated Gary Wiemokly and he attended a fire chiefs meeting together and Mr. Wiemokly offered to be available for assistance in technical aspects. He noted the EMS Commission then hired their own attorney and correspondence then took place between the Town Attorney and the fire commission's attorney. He stated in June, 2004 the Council asked several questions concerning the organizational and business plan. He noted some of those questions were answered and other weren't. He stated the Council provided time for a response, and they asked for some extensions. He noted the plan was to be submitted to the Council in October, however, that plan was withdrawn for various reasons.
Attorney Bromson stated he reviewed this latest plan and he feels it's a good faith effort. He offered the following comments concerning this plan:
" the plan says the EMS Committee will approve the business plan which has been given to the Council - it is not known if it's actually been approved by that committee
" what is the legal entity to do this plan
" the fire departments have to approve the interlocal agreement
Attorney Bromson read a fax from Dr. Bizilj at Johnson Memorial Hospital:
"A copy of the EMS plan was delivered to me last week, and I was asked to review it and comment by day's end. In good faith I stated that the plan had potential and I would be willing to help it move forward. As written, the plan had no tentative approval. Missing were essential elements such as any mention of medical control or medical director on the organizational chart. Another comment that I offered was the required wording that the Medical Director or agent had the immediate and summary authority to remove any provider from service and to determine a course of remediation. Other issues will also need review and revision. Please contact me if I can answer any additional questions."
Attorney Bromson referred to the time line in this plan and stated his belief it's overly optimistic. He agreed with Dr. Bizilj in that the plan has potential. He went on to state that those threshold issues of legal authority and entity have not yet been answered, nor the issue of direct medical control and removing a provider - a clear chain of authority.
He then referred to a letter written by Margaret Perry to the EMS Commissioners which he received over the weekend. He read as follows:
"On late Wednesday the Thompsonville Fire District Commissioners received a memorandum of understanding from Local 3059. Prior to receiving the document the union has had no contact with the Commissioners of the Thompsonville District or its representatives since discussions ended in early October. The memorandum does not address the concerns of the district that were communicated to the union during those discussions. The memorandum essentially requests that the district commit to participate in a town-wide EMS plan without providing adequate assurances to protect the district's taxpayers. At this time, we cannot in good conscience represent to this commission or the Town Council that the district can participate in the town-wide EMS. We are willing to continue our discussions with Local 3059, but failing a binding agreement with the union that adequately addresses the district's concerns we cannot commit to the plan."
Attorney Bromson stated he does not know from this letter how it has changed from October. He pointed out the resolution before the Council would continue to include the fire departments so that they still have an active, vital and real role in the delivery of EMS services to the Town as they have done so over the last several years.
Councilman Reveruzzi stated he would like to hear some responses to the questions raised by the Town Attorney. He noted the Council wants to provide the best possible EMS and provide it in a way that it's not a burden to the community as a whole. He added his belief they should explore every opportunity. He stated he would like to know whether or not all the fire districts have committed themselves to this proposal.
Attorney Daniel Samuels and Richard Stevens joined the discussion.
Attorney Samuels stated the letter Attorney Bromson read from Commissioner Perry still holds true. He noted at this point in time the Commissioners don't feel they can sign on the dotted line in good faith and say they endorse this full plan until they can have further negotiations with the union.
Councilman Fiore stated it appeared to him that the plan that was dropped off to Council members on Friday night was supported by all five fire commissions. He noted today he is hearing that's not true in that as of tonight the Thompsonville fire commissioners have not endorsed this plan and at this point they are not supporting this plan. Attorney Samuels clarified the Thompsonville Fire District commissioners support the plan and would like to see the plan go forward, however, they can't commit to this plan tonight because they have not had further discussions with the union. He stated the commissioners first heard about this plan on Wednesday night. He noted they are not willing in good conscience to endorse the plan before they sit down and speak with the union.
Councilman Peruta stated the way it was explained to him was that the Thompsonville Fire District will continue to provide the same services as they provided today. Attorney Samuels responded yes, however, there are union negotiations and union contract implications as to a commitment to move forward with this plan.
Councilman Peruta questioned how long will the Thompsonville Fire District be able to provide the service they're providing today. Attorney Samuels stated they won't be able to answer that right now.
Chairman Tallarita questioned what is different today than October 6th when the EMS Commission came before the Town Council and could not present the plan because they couldn't get endorsement from the Thompsonville Fire District. Attorney Samuels responded from Thompsonville's perspective, there has been no change. He added the only difference would be that they understand that the union is interested in speaking with the commissioners about the contract. He noted they don't know any more details and there have been no commitments. He stated there is nothing procedurally that is different today than there was when the plan was withdrawn.
Chairman Tallarita questioned what is there that would lead him to believe that the issues are going to be resolved. He questioned if there's something being misrepresented.
Attorney Samuels stated there's nothing procedurally different, and the only reason they are here tonight is to let the Council know there seems to be a genuine interest from both the union and the commissioners to work out a plan.
Attorney Bromson stated one paragraph he did not read because it could be a little inflammatory, and he didn't think it was necessary, however, he thinks it now is in the context that this has become an issue. He stated their labor counsel warned him they should not be involved in any way between the union and the commission because it's collective bargaining. He read the following from the commissioner's letter:
"I've received notice of a special EMS Commission meeting scheduled for this evening and understand the order of business is to determine whether this commission will go forward on the plan to provide emergency services for the existing fire districts. Unfortunately, I am in Florida and cannot attend the meeting on such short notice. While
the Board of Commissioners has and continues to be interested in participating in a town-wide EMS plan with the other districts, we have been unable, despite our best efforts, to secure meaningful concessions from Local 3059 of the International Association of Firefighters which represents the district's employees. Unfortunately, without these concessions, the district is unable to participate in this contemplated plan without passing on exorbitant cost increases to the already heavily taxed citizens of the Thompsonville Fire District".
Chairman Tallarita requested the Town Attorney explain why they cannot get into labor practices. Attorney Bromson explained in bargaining agreements it's very important as to who is representing who and whether or not it appears that a negotiation is taking place. He pointed out none of the commissioners are present, and they don't represent them. He added their attorney is present and he can speak for them and he can add to the specific reasons under the statutes as to why they can't get involved as a town.
Mr. Stevens stated the plan that was submitted to the Council on Friday was a modification with the participation of the Thompsonville District being at the same level in that there was nothing to be added onto their budget or their financial burden. He stated they wanted to continue to work with the commission and union to come to an understanding of this. He noted they were working to resolve the issue.
Councilman Crowley questioned whether Attorney Samuels has been in direct contact with the union since October 6th. Attorney Samuels responded since the withdrawal of the plan he has not been in contact with the union. Councilman Crowley questioned if the commission has been in direct contact with the union, and Attorney Samuels responded to his understanding, no. Councilman Crowley questioned why it's believed there's a feeling for them to talk again. Attorney Samuels stated they have been in contact with them since last Wednesday. Councilman Crowley questioned if they've come to an understanding, and Attorney Samuels responded they have not.
Mr. Stevens stated he would like Attorney Samuels to address the Interlocal Agreement and the legal way that was set up as well as the issue from the medical director for medical authorization of discipline of someone under his control. Attorney Samuels stated Dr. Bizilj will be having some conversations with the hospital's attorney as well to discuss some of the control issues. He stated the legal entity as proposed would be one of the fire districts and the way this legal entity would encompass the other fire districts would be through an interlocal agreement. He pointed out Connecticut General statutes includes an interlocal agreement statute that allows interlocal arrangements between districts so that one district can actually operate or be the front to run an organization and receive assistance, i.e., financial, personnel, or equipment from other districts. He pointed out the business plan refers to the Enfield Fire District as the legal entity.
Attorney Bromson recognized the General Statutes provides for this, however, it has not been done. He noted there's the question when would that be accomplished, and could they reach an agreement under the interlocal agreement. Attorney Samuels stated if the Council felt this plan should go forward, some time lines would have to be re-addressed.
Mr. Stevens stated the business plan stated there's no sense for them to go forward to make this plan work with the fire districts if they don't have the approval of the Town Council. He noted they could go through and have this all approved, and then the Town Council could say "no", therefore, they wanted the endorsement of the Town Council. He stated the procedure to have the Interlocal Agreement approved would require one public hearing for all the fire districts in Enfield with public participation. He noted after the public hearing, they would go back to the individual fire districts to have them vote for or against the interlocal agreement. He stated that to his knowledge there have not been any negative comments from the public about going through with the interlocal agreement. He explained there's no interlocal agreement because there's no sense for the EMS Commission to go forward, get everything done and have the Town Council say they're not going to do it. He stated they are looking for the Council's support to go forward. He questioned if there's any harm done if the EMS stays as it is right now. He questioned if a few months will make any difference. He pointed out this is a very serious issue and he doesn't believe a couple more months will make a difference.
Chairman Tallarita stated his impression the Police Department would be included in the current plan. Mr. Stevens agreed.
Chairman Tallarita raised the question of whether they lose anything by waiting a few more months. He pointed out only one person called him over the weekend. He noted he and other Council members made a promise to provide an EMS program for Enfield. He stated the reason they used the July 1st date is because this has to be incorporated into the budget. He stated his belief the Council gave this their best attempt and the deadlines were known. He feels it's time to make a decision.
Mr. Stevens stated no matter who runs the EMS there will be a financial impact upon whatever taxing authority does this. He acknowledged there is resource recovery, but they have not been able to find out what the exact figures are on resource recovery as yet. He noted he anticipates that resource recovery will increase, but he does not anticipate it will cover all the costs of the program. He stated he still believes the fire service is the best plan, and he feels waiting a few more months won't hurt.
Councilman Kaupin stated he needs to know who the legal entity is and how they operate. He raised the question of what would happen if one year from now one fire department decided to pull out, and this should be addressed. He noted he can't make a decision on this because he doesn't know who he's contracting with.
Attorney Samuels stated there are a number of labor issues as to why it was presented in this fashion. Councilman Kaupin stated his belief a business plan is how they operate day-to-day.
Mr. Stevens pointed out the Town has an agreement with the five fire district right now, and that has been going on for years. He explained the fire districts pay the Town 3% of the assessed taxes as a fee, they administrate it, and they pay back the fire district 97%. He stated there is no contract, but this system has worked. He went on to note there are also agreements between the fire districts for mutual aid and it works. He stated they will move forward with the interlocal agreement if the Town wishes. He added he really has faith in this.
Councilman Fiore stated his understanding the fire districts receive 100% of the anticipated tax. Mr. Shanley explained the Town received about 97.6% of the collection, and the fire districts receive 100% and return 3% for the fee for the collection. He noted state statutes regulate that fee up to 5%.
Councilman Crowley questioned how long it would take to put together an interlocal agreement. Attorney Samuels stated the interlocal agreement is actually a small part of the whole procedure. He noted they could actually turn that item around in three or four days. Councilman Crowley emphasized that agreement would have to be signed. Mr. Stevens stated they would go to the voters first to ask for their approval of the interlocal agreement. He questioned why they should go to the voters for the interlocal agreement approval if the Town Council isn't going to approve what they're doing. Councilman Crowley questioned why the Council would stop moving forward with their plan if they don't know whether they can get a signed interlocal agreement. Mr. Stevens stated his belief they can get that done. He noted they are still working on some issues. Attorney Samuels stated the Thompsonville Fire District would need to review the business plan in detail. He stated his belief Commissioner Perry's letter sums things up.
Councilman Crowley questioned what happens if the Thompsonville Fire District can't come to an agreement. Attorney Samuels stated at that point the commissioners won't endorse the plan. Mr. Stevens stated the EMS Commission wanted all districts to be involved in the EMS plan. He noted the State indicated to them that the whole town has to be covered. He stated he personally feels that without Thompsonville's involvement, the plan can't go forward.
Attorney Samuels stated his belief medical issues and control can be worked out.
Councilman Crowley questioned how much progress can be made in a two-month period. Attorney Samuels stated the commissioners are willing to sit down with the union and have further discussions.
Councilman Egan questioned if each one of the commissioners on each one of the commissions had an opportunity to read through the whole plan that was distributed on Friday. Mr. Stevens stated the EMS Commission is made up of members of each of the different fire districts. He explained once the Council approves what they're doing, the EMS Commission would take this back to the one public hearing for all the fire districts to get public input and then the commissioners of each district would vote for or against participating in the interlocal agreement. He added all of the commissioners of all the fire districts have not yet read this plan because it has not yet been approved by the Town Council.
Attorney Samuels stated his belief what is being asked of the Council tonight is to decide whether or not it makes good sense for the fire departments to be running the EMS and providing them more time to give the Council more details in order to make a decision. Mr. Stevens agreed with Attorney Samuels and noted they would like more time to resolve some issues.
Councilman Egan questioned why they didn't come back sooner. Mr. Stevens stated his perception was that there was an emotional drain on the members involved. He noted there was a large disappointment of the staff and the volunteers and commissioners because they really want this plan to go through. He stated after everyone's heads cleared, they became open to some new ideas, and it wasn't until last Tuesday afternoon that they decided to bring this before the Council.
Councilman Peruta stated he is concerned about when the cutoff point would be. He added he likes the idea of a public hearing and would love to hear what the public says. He suggested perhaps they can put both proposals on the table and make a decision.
Mr. Stevens stated if the Town Council gives them a "drop dead" date that's reasonable, he believes they can come back to the Council by that date and let them know whether issues can be resolved. He added then he may also be able to give dates as to when the interlocal agreement public hearings will be held.
Chairman Tallarita stated when the Council met in June and outlined bullet-by-bullet what the Council was looking for and provided a time line, there was a drop dead date. Mr. Stevens pointed out unforeseen things happen. Chairman Tallarita voiced concern about unforeseen things happening again. He went on to note that when the Town Council discussed this item last week, they had to give tentative approval to the Town Manager to begin the hiring procedure because that's how tight the timeline is to meet the July 1st deadline. He emphasized the first thing they need to do is hire a Director, and they have to do some recruiting, which can take a couple months.
Councilman Peruta stated he does not believe any of the issues are insurmountable. He questioned whether there's consulting help that could step in and help the Town put this together. He questioned the necessity of hiring full-time at this point.
Mr. Stevens pointed out the Town did hire a consultant in the past and it was determined the fire service would be the best entity to provide ambulance service.
Councilman Peruta questioned if there's anything from stopping the fire departments from moving forward and addressing some of the issues.
Mr. Shanley stated he wouldn't attempt recruiting an EMS Director again without clear direction. He stated his belief if the Town wants a director, they have to choose a direction. He noted if they are not to go forward, they need to withdraw the advertisement that was authorized last week.
Councilman Reveruzzi stated if the Council decides to pass the resolution before them this evening and they hold off advertising the EMS position for two weeks, perhaps there could still be a window of opportunity for the EMS plan to come in under the plan as presented if they resolve the Thompsonville Fire District issue.
Chairman Tallarita stated it's his perception they are three months behind. He noted the Council wanted the fire plan delivered last summer and they postponed it until October.
Mr. Stevens stated if the Town Council tables the resolution on the table until the next meeting, it will give them time to possibly resolve the issues between the Thompsonville Fire Commission and the union.
Councilman Edgar stated he firmly believes the fire service should run the EMS service. He stated his belief none of the issues are insurmountable. He questioned what they can come up with in two weeks. Mr. Stevens stated in two weeks or sooner he can provide an answer concerning the Thompsonville Fire District and their union.
Councilman Edgar stated his understanding the major point at this time in holding up the plan is the Thompsonville District and their agreement with management and union. Mr. Stevens stated his belief that is it. Councilman Edgar stated his understanding Mr. Stevens could have an answer to this in two weeks or sooner. Attorney Samuel stated if the Council sets a deadline, the union and the commissioners need to come back and let the Council know whether or not they are able to reach some agreement.
Councilman Edgar stated he would go along with a two-week extension.
Councilman Tait stated they may get some resolution to the bargaining agreement, however, they won't have a voted on, approved interlocal plan in two weeks. He noted they have to resolve the organizational structures to satisfy Dr. Bizilj and Johnson Memorial Hospital. He noted that is a lot of work to be done in two weeks. He questioned whether they can come back in two weeks with an approved interlocal agreement that all five fire districts have approved. He noted if that is not possible, then all of the other items are academic. He stated there is a systemic problem and it's not a problem of personnel. He pointed out they have the finest people out there who have worked very hard to get and keep their certifications.
Councilman Fiore agreed with Councilman Tait.
Chairman Tallarita stated this is not about the fire fighters, and there's no doubt in his mind that they could do this. He noted the problem has to do with the ability to put together a viable, workable organization.
AMENDMENT #1 by Councilman Tait, seconded by Councilman Mangini to revise Item a. as follows:
a. directs the Town Manager to implement the Emergency Medical Services
Plan as substantially outlined in a memorandum to Council dated November 5, 2004, including the intent to use the fire services in a voluntary supplemental first responder role and to provide contracted "back-up" BLS response in the context of the overall system in accordance with all applicable laws and in the best interest of the community, and"
Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #1 adopted 8-0-2, with Councilmen Edgar and Peruta abstaining.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7493 adopted 8-2-0, with Councilmen Edgar and Peruta voting against the resolution.
Councilman Reveruzzi explained he is supporting the resolution because he really believes this has to move forward.
Councilman Crowley agreed with Councilman Reveruzzi's comments.
Councilman Edgar stated he firmly believes they are not doing due process which is basic fairness to the fire departments by not giving them the two-week extension.
MOTION #7493 by Councilman Mangini, seconded by Councilman Edgar to take a brief recess.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7493 adopted 10-0-0, and the meeting stood recessed at 10:18 p.m.
Chairman Tallarita reconvened the meeting at 10:25 p.m.
Items e., f., and g. remained tabled.
NEW BUSINESS
There were no Consent Agenda items this evening.
RESOLUTION #7494 by Councilman Tait, seconded by Councilman Mangini.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Social Services - Child Day Care
Acct. #4320-330 Other Professional Services $25,000.00
FROM: Social Services-Child Day Care
Acct. #4320-110 Salaries, Full Time $25,000.00
CERTIFICATION
I hereby certify the amount of $25,000.00 is available from Account #4320-110 as of November 17, 2004.
/s/ Gregory Simmons, Director of Finance
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7494 adopted 10-0-0.
ITEMS FOR DISCUSSION
DISCUSSION RE: AMENDMENTS TO THE ALARM ORDINANCE
Mr. Shanley suggested deferring any decision on this item so that they can have further discussion on this issue.
DISCUSSION RE: REQUEST FOR TRANSFER OF FUNDS - PUBLIC SAFETY/BUILDING SECURITY
Present for this discussion was Ronald Marcotte, Chief of Police and Carl Sferrazza, Deputy Chief of Police
Mr. Shanley stated after some discussion it was determined they needed to secure all of the police items. He noted they had to decide how to best secure the locker room area. He referred to the costs for the spring-loaded locks and the card system. He noted it is believed the card system is the best control mechanism so that they can identify who comes and goes.
Chief Marcotte stated there is another issue concerning the men and women locker area. He pointed out personnel shower and change in this area and keep a lot of personal belongings in this area. He noted having the public coming in and out of this area to use the bathrooms is upsetting. He stated if they use a card sweeper, strangers would not be able to enter this area while officers are showering and changing.
Councilman Fiore voiced his support of these security measures. He noted he would like to see this done this year.
Councilman Kaupin agreed this is something they need to move forward on.
Councilman Crowley voiced his support of this.
Councilman Peruta questioned whether locks are put on guns when put into the locker. Chief Marcotte stated all officers have the option of putting locks on their guns. He noted it's not mandatory to put a lock on the gun, however, it is mandatory that they secure their weapon, i.e., lock it within their lockers.
Chairman Tallarita voiced support for Chief Marcotte's plan and stated he would like to see this go forward.
MISCELLANEOUS
RESOLUTION #7495 by Councilman Mangini, seconded by Councilman Tait.
RESOLVED, that in accordance with Chapter VI, Section 8(f) of the Town Charter, the following transfer is hereby made:
TO: Account #1200-170 Other Employee
Compensation $1,500.00
FROM: Account #1200-339 - Other
Professional Services $1,500.00
CERTIFICATION
I hereby certify the amount of $1,500 is available from Account #1200-339 as of November 23, 2004.
/s/ Gregory Simmons, Director of Finance
Mr. Shanley explained this is in support of the IT Blue Ribbon Committee.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7495 adopted 10-0-0.
RESOLUTION #7496 by Councilman Tait, seconded by Councilman Mangini.
WHEREAS, the Supreme Court of the State of Connecticut has determined that proceeds provided to policy owners (like the Town of Enfield) that resulted from the demutualization of Blue Cross Blue Shield are legitimately an item that is subject to arbitration; and
WHEREAS, the Connecticut Supreme Court makes no determination as to the substance of the question of ownership; and
WHEREAS, the Town of Enfield Board of Education has already completed an arbitration with the Teachers' Union regarding said proceeds; and
WHEREAS, that being the case the Town's Legal Counsel advises settlement of the arbitrated amount;
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield hereby authorizes the release of up to $130,000 from the self-insurance fund, where the proceeds are invested, to settle the Teachers' Union Contract Arbitration and allow for payment to school administrators.
AMENDMENT #1 by Councilman Fiore, seconded by Councilman Tait to revise the last paragraph as follows:
"NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield hereby authorizes the release of up to $130,000 from the self-insurance fund, where the proceeds are invested, to settle the Teachers' Union Contract Arbitration."
Upon a SHOW-OF-HANDS vote being taken, the Chair declared AMENDMENT #1 adopted 10-0-0.
Councilman Fiore requested the Town Manager summarize why they are making this settlement at this point in time.
Mr. Shanley explained this is because the Supreme Court has determined that this issue should be arbitrated and the Board of Education has already arbitrated the issue with the teachers. He noted because of the Supreme Court decision, the advice of the outside attorneys was to settle at the arbitrated amount with the teachers and be done with it.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7496 adopted 10-0-0, as amended.
MOTION #7497 by Councilman Fiore, seconded by Councilman Egan to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7497 adopted 10-0-0.
RESOLUTION #7498 by Councilman Kaupin, seconded by Councilman Mangini.
CIP Authorization to Proceed/Section 14 Road 2005
Councilman Fiore questioned if they can reimburse their CIP reserves from bond money, or is that money gone from the CIP account and never to return. Mr. Shanley stated it's hoped that it will not ever actually come out of that account. He explained they will use this in conjunction with the funds that were left over in Roads 2000 and that provides the authorization to go to bid. He noted hopefully by the time they're ready to start work, they will have the validating. Councilman Fiore questioned what will happen if this isn't passed until summer. Mr. Shanley responded in that case he suggests not spending this money, but rather spend the first installment of the $600,000 of the General Fund contribution that the Council makes. He explained the whole intent is to authorize the work and have the money behind it to be able to move forward. He stated his hope is that they won't actually be using it.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7498 adopted 10-0-0.
MOTION #7499 by Councilman Kaupin, seconded by Councilman Mangini to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7499 adopted 10-0-0.
RESOLUTION #7500 by Councilman Kaupin, seconded by Councilman Mangini.
Homeland Security CRCOG
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7500 adopted 10-0-0.
MOTION #7501 by Councilman Fiore, seconded by Councilman Mangini to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7501 adopted 10-0-0.
RESOLUTION #7502 by Councilman Crowley, seconded by Councilman Mangini.
St. James Avenue - Roadway Conveyance
Freshwater Blvd.-Carol St. Ext.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7502 adopted 8-1-1, with Councilman Crowley against and Councilman Reveruzzi abstaining.
RESOLUTION #7503 by Councilman Tait, seconded by Councilman Mangini.
RESOLVED, the Town of Enfield Pension Plan (the "Plan") shall be amended, effective January 1, 2005, to permit certain employees to purchase service credit for periods of service after satisfying the Plan's eligibility requirements but prior to completing and delivering to the Town a payroll deduction order.
RESOLVED, in order to effectuate the above-resolution, the Town Manager is hereby authorized to execute an amendment to the Plan which shall be substantially in the form attached hereto. (Appended to minutes)
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7503 adopted 10-0-0.
RESOLUTION #7504 by Councilman Tait, seconded by Councilman Mangini.
WHEREAS, the Connecticut State Library is offering long range planning grants; and
WHEREAS, the Town of Enfield has been a successful applicant; and
WHEREAS, the Town Council has been briefed by staff as to the uses and matching details,
RESOLVED, that Scott Shanley, the duly appointed Town Manager, is empowered to execute and deliver in the name and on behalf of this organization a certain contract with the Connecticut State Library, State of Connecticut, for an LSTA grant.
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7504 adopted 10-0-0.
MOTION #7505 by Councilman Fiore, seconded by Councilman Mangini to waive the reading of the resolution.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7505 adopted 10-0-0.
RESOLUTION #7506 by Councilman Mangini, seconded by Councilman Peruta.
Technology Grant/Lease BOE
Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7506 adopted 10-0-0.
PUBLIC COMMUNICATIONS
No one wished to speak.
COUNCILMEN COMMUNICATIONS
Councilman Peruta stated his belief tonight's lengthy discussion on the EMS issue was well worth it and he believes the process worked.
ADJOURNMENT
MOTION #7507 by Councilman Mangini, seconded by Councilman Edgar to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7507 adopted 10-0-0, and the meeting stood adjourned at 10:55 p.m.
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Last Updated: Friday, Dec 17, 2004
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