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ENFIELD TOWN COUNCIL
MINUTES OF A REGULAR MEETING
MONDAY, OCTOBER 4, 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, October 4, 2004.  The meeting was called to order at 7:30 p.m.

PRAYER - The Prayer was given by Councilman Reveruzzi.

PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was said.

ROLL-CALL - Present were Councilmen Crowley, Dodd, Edgar, Fiore, Kaupin, Mangini, Peruta, Reveruzzi, Tait and Tallarita.  Councilman Egan was absent. Also present were Town Manager, Scott Shanley; Assistant Town Manager, Daniel Vindigni; Town Clerk, Suzanne Olechnicki; Town Attorney, Christopher Bromson

FIRE EVACUATION ANNOUNCEMENT

Chairman Tallarita made the fire evacuation announcement.

MINUTES OF PRECEDING MEETINGS

MOTION #7407 by Councilman Kaupin, seconded by Councilman Mangini to accept the minutes of the September 20, 2004 Special Meeting.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7407 adopted 9-0-1, with Chairman Tallarita abstaining.

MOTION #7408 by Councilman Mangini, seconded by Councilman Dodd to accept the minutes of the September 20, 2004 Regular Meeting.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7408 adopted 10-0-0.

PUBLIC COMMUNICATIONS & PETITIONS

Mrs. Collins, Hazardville Section
        Highly commended Officer Sharon LeBreck for her professional and helpful manner while responding to a 911 call in her neighborhood.

Mrs. Collins stated she was embarrassed by the manner in which the Council handled the Chief of Police at the last Council meeting.  She felt it was personally and politically motivated.

Mrs. Jedziniak, 232 Abbe Road
        Requested answers in writing to the following questions:

1.      How many LTD's does the Town of Enfield have in its fleet?
2.      How many of them are being used by Town employees other than the police?
3.      What is the criteria in order to use any of these vehicles and under what conditions do they use them?
4.      What is the cost to the taxpayers for this part of the fleet - maintenance, gas, etc.?
5.      How many pick-up trucks are at the disposal of Public Works employees and what criteria does it come under that they take them home?  Also, any other type of vehicle that goes off of Town property after hours and to the homes of a Public Works employee?
6.      Are these Public Works vehicles at the disposal of the employee 24 hours per day, even for their private use after hours?
7.      Was the vehicle the DARE officer used paid for by the Town or by the DARE Program, and what is the status of that vehicle at this time?

Ms. Jedziniak explained she is asking these questions because people have stated they've seen vehicles all over Enfield and even out of Enfield after hours.

Charles Woods, 11 Westerly Drive
        Stated his understanding absentee ballots were recently sent out and those ballots include a letter telling voters about the Roads 2005 Program.  He added his understanding there is supposed to be no material available to voters when going into the polls, therefore, he questions why a letter is going out with the absentee ballot.  He questioned whether this is legal.  Chairman Tallarita stated the Town Manager will address this.

Scott Vining, 10 Grove Road
        Referred to Item 13d on tonight's agenda and stated his understanding the Town will be authorizing the sale of 92 Main Street.  He stated his belief the Town should put this building in cold storage.  He feels it's an insult to the people of Enfield for the Town to accept a bid for $1,000.  He noted at this time the Town is collecting $800 per month, which is $9,600 per year.  He pointed out this building is assessed for $67,000, and the Town has already "taken a bath" at $96,000 in taxes.  He feels by holding onto this building, the Town can get a little of that tax money back.

COUNCILMEN COMMUNICATIONS & PETITIONS

MOTION #7409 by Councilman Fiore, seconded by Councilman Mangini to move the following items to Miscellaneous - 13b 1, 13c, 13d, and 13e to Miscellaneous.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7409 adopted 10-0-0.

MOTION #7410 by Councilman Fiore, seconded by Councilman Kaupin to move Item 11d to 10a.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7410 adopted 10-0-0.

MOTION #7411 by Councilman Fiore, seconded by Councilman Mangini to move Items 13g and 13h to Items 10b and 10c.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7411 adopted 10-0-0.

Councilman Mangini stated a couple residents voiced concerns about the Redwing and Dover Street area and the lack of lighting available in these areas.  She requested they look into why there is a lack of street lights in this area and if they can erect another light on both of these streets.

Councilman Mangini stated she had the privilege of attending the Enfield Historical Society reception for three soldiers returning from Iraq and they represented other soldiers still in Iraq.  She noted they presented a nice slide show illustrating some of the things happening in Iraq, and they were well received by residents of the town.  She thanked the Enfield Historical Society for such a nice reception for these soldiers.

Councilman Crowley stated he received a letter from the Housing Authority saying they may have some space available for any groups wanting to meet.  He noted they can accommodate groups of ten to fifteen people.  He stated one possible location is the Mark Twain Housing complex or the Enfield Manor complex.  He went on to note that a couple Fire Chiefs indicated they have space available where groups can meet at certain times.  He suggested the Town Manager inform any groups looking for a place to meet to consider these locations.

Councilman Crowley requested an update on the Freshwater Pond project.

Councilman Crowley referred to a big bubble building visible from Route 91 in East Windsor.  He questioned whether the Enfield Planning & Zoning Commission has any regulations preventing this type of building being erected in Enfield.  He feels this building looks atrocious.  He noted if there are no regulations, perhaps they should look at a way to prevent the erection of these types of buildings in Enfield.

Councilman Peruta expressed appreciation for steps taken to address a couple problems concerning Parkman School and traffic issues.

Councilman Peruta commended Public Works for the outstanding job done on the Town Green sidewalks.

Councilman Peruta referred to Ms. Jedziniak's comments about Town vehicle use and questioned what the policy is on Town vehicle use.

TOWN MANAGER REPORT & COMMUNICATIONS

Referring to comments by Mr. Woods and absentee ballots, Mr. Shanley explained the absentee ballot included an explanatory text.  He noted the explanatory text is authorized by the Town Council and is authorized by state statute to be included to explain what the question is about.  He pointed out that explanatory text needs to be approved by the Town Clerk, the Bond Counsel and Town Attorney, and they all approved this, therefore, it is legal and appropriate.

As concerns the sale of 92 Main Street, Mr. Shanley stated the actual sale for that building is $7,000.  He noted the Town would not continue to collect rent on that building unless the Town invested significantly as the landlord.  He stated the question is do they invest public money, or do they encourage the private sector to invest and pay taxes.  He noted the determination and staff's recommendation is to encourage the private sector to invest and pay taxes on the building.

Mr. Shanley referred to Freshwater Pond and noted the pier was approved by DEP and Inland/Wetlands about two weeks ago.  He noted once Planning & Zoning approves it, they will be ready to do the work.

Referring to vehicle use, Mr. Shanley stated they have been reducing the size of their fleet.  He noted vehicle use is governed by a number of policies and some of the individual contracts they have with their bargaining units. He stated they will assemble how that's governed for Ms. Jedziniak and provide a copy for the Town Council.

Councilman Kaupin questioned when the Roads 2005 Public Information Sessions are scheduled.  Mr. Shanley stated the first one is Tuesday, October 12th and this will be published on the website and in the newspaper.  He recommended this session be held in the Council Chambers at 7:00 p.m., and the second session will be October 25th.

Chairman Tallarita questioned whether Cox Cable can be present for the Roads 2005 Public Information Session on October 12th.  Mr. Shanley indicated he'd check into this.  Councilman Tait questioned whether it would be possible to have the explanatory text available for the public sessions, and Mr. Shanley responded yes and noted they'll also have some public displays for information.  He went on to note that the Town Council can express their opinions because they are not Town employees.

TOWN ATTORNEY REPORT & COMMUNICATIONS

Attorney Bromson stated an explanatory text has to be strictly neutral and cannot advocate a pro or con position.  He noted the state law is very strict about this. He went on to note that under state statute there is a way to do pro and con, and the public has a right to do that.

REPORT OF SPECIAL COMMITTEES OF THE COUNCIL

There were no reports this evening.

DISCUSSION RE:  EMS PLAN/CHAIRMAN OF FIRE DISTRICTS EMS

Present for this discussion were Richard Stevens, Chairman of the Enfield EMS Committee and Attorney Carl Landolina.

Mr. Stevens stated the five fire districts in the Town of Enfield have been working diligently over the past few years to develop a plan to manage ambulance and emergency medical services in Enfield.  He noted after much effort on the part of the fire districts, the EMS Commission, comprised of fire commissioners, developed and were prepared to present a comprehensive plan to the Enfield Town Council this evening.  He stated the plan included the required business, financial, and organizational components.  He noted the fire districts strongly believed that the plan was beneficial to the residents since the fire districts have already been voluntarily providing emergency medical services for the past seven years.  He explained as part of the plan, the fire districts were to provide fire/emergency medical technician personnel to staff the ambulances.

Mr. Stevens stated the Thompsonville Fire Commission believed that it could not, in good faith, participate in further development of this plan. He noted at the September 29th meeting of the EMS Commission, representatives of the Thompsonville Fire District notified the EMS Commission that the Thompsonville District could not participate in the town-wide EMS plan.  He pointed out the plan being considered by the EMS Commission required the participation of all the five districts and it would be unfair to the residents of the other districts to pay for these services without Thompsonville's participation.  He stated regrettably, the EMS Commission has no option but to pull the plan from consideration.

Mr. Stevens stated the districts intend to continue their voluntary staffing of the ambulances so that residents' emergency medical needs are met.  He thanked the members of the Committee, the professional staff of the fire departments, the support of the Maciolek Post and other assistance they received in trying to put this plan together.  He stated his personal belief that this is still the best way to provide emergency medical service-- through an EMT/Fire Fighter Service.

Chairman Tallarita stated this development is disappointing but understandable. He thanked all the commissioners, fire fighters, and all those people who participated in trying to develop this plan with the intent to provide a truly comprehensive program for the community.

Mr. Stevens stated they had the plan prepared to be included in the Council's packets and that material is in the Town Manager's Office.  He noted that plan was about 99% complete.

Councilman Mangini thanked the Commission for all their hard work.  She stated she appreciates all of their efforts.

Chairman Tallarita stated there was a Town plan that was proposed, and they will need to resurface that Town plan and look at those numbers.  He noted there's also the option of proceeding in a manner that would seek out a private entity that would be willing to enter into a contract with the Town.  He asked the Town Manager's office and staff, as well as the Town Attorney to begin that process. He recommended they come back with a status report on November 8th.

Councilman Tait suggested recirculating the original plan, and Chairman Tallarita suggesting giving the Town Manager an opportunity to review the original plan for any possible changes

MOTION #7413 by Councilman Fiore, seconded by Councilman Mangini to retable this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7413 adopted 10-0-0.

DISCUSSION RE:  TECHNOLOGY AND INSTRUCTION EQUIPMENT LIST EHS PROJECT

Present for this discussion were Director of School Facilities, Arthur Pongratz; Chairman of the Enfield High School Building Committee, George Rypysc and Jack Kerry, Vice Chairman.

Mr. Rypysc stated the project is nearing completion and the Committee has reached the point in this project where they are planning to purchase computers and instructional equipment to make the building and renovations project fully functional.  He noted the Building Committee would like to purchase the equipment identified and they ask the Council consider allowing this purchase either through the bond fund or another source.

Councilman Fiore stated his understanding when they did the elementary schools, they bonded for the structural type items, but they budgeted depreciable equipment through the CIP process.  Mr. Shanley responded that's correct and noted those items that had a life expectancy of five years or so the Council opted not to bond.  Councilman Fiore stated even though they lost the potential for the reimbursement from the state for those items, it was still advantageous for them not to bond for those.  Mr. Shanley stated generally speaking, bonding for items that have a relatively short life span is not an appropriate use of taxpayer money.

Councilman Fiore questioned if the Committee can go back and identify those items that have a five or six year life expectancy.  He noted he's not inclined to want to bond for this amount of money. He went on to question if it's anticipated this equipment is needed immediately.  Mr. Rypysc stated the building project is close to completion and as soon as it is completed, the students would be making use of all the areas and all the equipment.

Councilman Fiore stated it seems expending this amount of money for this equipment would expend the account.  He noted he is open to more options.  He added he's uncomfortable doing this purchase by using the bond monies that are left.

Mr. Shanley stated to expend this money now before the project is done and before they know what any contingent issues will be afterwards could leave them in a difficult situation.  He suggested not doing that.

Councilman Kaupin agreed with Councilman Fiore and Mr. Shanley.  He questioned if there are any CIP accounts that they could close out on the school side of the ledger.  He stated his belief they need to look elsewhere if this is normal, everyday equipment and not go with the bonding alternative.

Chairman Tallarita suggested the Committee come back with items they believe have a life expectancy of greater than five years to stay consistent with the policy of the past.  He noted perhaps they could look into some CIP accounts that they may be able to close out.  He noted they can take this issue up again at the next meeting.

DISCUSSION RE:  CL&P GRANT - BOARD OF EDUCATION

Present for this discussion was Director of School Facilities, Arthur Pongratz.  Mr. Pongratz stated they have been participating in the CL&P and municipal energy conservation program for the past three years.  He noted to this point they've received $650,422.84 in grants for energy measures.  He stated in 1990-1991 they did the first round when they did all 12 schools by removing the magnetic and oil ballasts from the schools and went to electronic ballasts.  He noted at this time they went to the more sophisticated electronic ballasts with infrared motion detectors.  He stated CL&P was able to support that effort 100% at six schools.  He explained this round of grants is $249,440.13 of energy measures in four schools.  He noted CL&P's share would be $187,000 and that would be 75% of the measures, and Enfield's share would be $62,360.  He stated he is looking to obtain the Council's permission to enter into an agreement with CL&P for the 25% that is their share.  He noted they're offering them the opportunity to participate in a three-year, zero interest loan in allowing to pay back the $62,360.

Councilman Kaupin questioned what the piece that the Council's approval is needed for, and Mr. Pongratz stated his belief the Board of Education isn't allowed to enter into multi-year contracts without Town Council approval.

Councilman Kaupin questioned if the funding is already in place, and Mr. Pongratz stated the funding would actually come from energy savings.

Councilman Fiore stated it appears the net savings is about $350,000 over a lifetime and minus $62,360, it really comes out to about a $285,000 savings in electrical bills over time.

Councilman Dodd questioned whether the sensors change the peak rate because not everything is coming on at one time, and Mr. Pongratz responded that's correct.

Mr. Shanley stated they just have to look at the language of the multi-year loan.

OLD BUSINESS

APPOINTMENTS  (TOWN COUNCIL & TOWN MANAGER)

All appointments remained tabled.

Item c. remained tabled.

MOTION #7413 by Councilman Reveruzzi, seconded by Councilman Tait to remove Item e. from the table.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7413 adopted 10-0-0.

DISCUSSION RE:  COMMUNITY CENTER/OLD SENIOR CENTER

Councilman Reveruzzi stated he, Councilman Dodd and the members of the committee met at the senior center and they established a game plan and set a time for their next meeting.  He noted in looking at this building, there are a number of immediate and minor repairs that need to be made.  He stated they asked Colleen Brand to put together a budget for the committee to review.  He noted the Committee feels these items should be addressed before winter or they may find themselves in a situation where they have a much larger repair schedule before them.

Mr. Shanley stated the bell tower has plexiglass in it to keep out wildlife. He noted Colleen Brand is putting the numbers together.  It was agreed to wait until the figures are available before further discussion.

Councilman Reveruzzi stated hopefully by the first meeting in November, they'll have an opportunity to explore their game plan in terms of the use of that building.

MOTION #7414 by Councilman Mangini, seconded by Councilman Edgar to retable this item.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7414 adopted 10-0-0.

Item f. and g.  remained tabled.

NEW BUSINESS

RESOLUTION #7415 by Councilman Kaupin, 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:    Tax Department
               Acct. #1820-0340 Technical Services    $2,800

        FROM:  Tax Department
                      Acct. #1820-0550 Printing & Reprod.    $2,800

CERTIFICATION

I hereby certify the amount of $2,800.00 is available from Account #1820-0550 as of September 13, 2004.

/s/ Gregory Simmons, Director of Finance

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7415 adopted 10-0-0.

Chairman Tallarita read the following letter from Scott Shanley dated September 30, 2004:

"The Policy and Procedure Manual for Enfield Town Council Meetings states that in November, the Council shall meet on the Monday immediately following Election Day and the third Monday of the month.  Our annual calendar indicates that the first meeting of the Council is scheduled for November 8, 2004 and the second meeting is scheduled for November 15, 2004."

MISCELLANEOUS

MOTION #7416 by Councilman Tait, seconded by Councilman Dodd to accept the Town Manager's recommendation to appoint David Wawer to the Inland Wetlands and Watercourses Agency as regular member for a term which expires 6/30/05.

Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7416 adopted 8-2-0, with Councilmen Crowley and Edgar voting against.

RESOLUTION #7417 by Councilman Edgar, 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:    CIP - Freshwater Pond
               Acct. #6100-8502-450                 $60,000.00

        FROM:  CIP-Community Development Grant
                      Acct. #13510                               $60,000.00

CERTIFICATION

I hereby certify the amount of $60,000.00 is available from Account #13510 as of September 16, 2004.

/s/ Gregory Simmons, Director of Finance

Councilman Fiore noted this was discussed as part of their last budget process and this was identified, and these are not new funds.  He noted this is being transferred over to finish off the Freshwater Pond project.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7417 adopted 10-0-0.

RESOLUTION #7418 by Councilman Tait, seconded by Councilman Dodd.

WHEREAS, the Town has conducted a Request for Proposal process for the sale of 92 Main Street; and

WHEREAS, the Beaudoin's, owners of Yankee Bait and Tackle, the current tenant of the building, and former general contractors are the successful bidders; and

WHEREAS, the Council seeks to see the property return to the tax rolls and prefers that the private sector make necessary property investments; and

WHEREAS, the Beaudoins have demonstrated their commitment to this property by having paid $9,000 in rent to the Town, have proposed a significant private investment to repair the building, have offered to purchase the property for $7,000., and will create a tax paying asset that will generate $3,300 in the first year of ownership;

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield hereby authorizes the Town Manager to execute all necessary documents to consummate the sale of 92 Main Street to successful bidders and be it further resolved that this sale be referenced 8-24 to the Planning and Zoning Commission.

Councilman Fiore stated this building needs substantial investments and the Town went out to bid, however, only one person bid on this property and that is the present tenant.  He noted the Town does not want to be a landlord and does not want to mothball or maintain buildings it has no use for.  He noted this is a building the Town can sell, a person made a legitimate offer and they plan to invest money in this building and it will be back on the tax rolls and working for that neighborhood.  He acknowledged the Town would like to have received more than $7,000 for this building, but that was the only offer they received.

Councilman Kaupin stated he also supports this, especially when there's a willing buyer.  He noted the new owner will be making a significant investment in the building.  He agreed the Town does not want to be a landlord and this gets the building back on the tax rolls.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7418 adopted 10-0-0.

RESOLUTION #7419 by Councilman Tait, seconded by Councilman Mangini.

WHEREAS, the Town of Enfield was financially damaged and legally exposed by the actions of Enron Corporation and the leadership of the previous CRRA Board; and

WHEREAS, after losing $220,000,000 when Enron went bankrupt due to an unsecured "loan", legal opinions indicated that CRRA may, at best, get back 10-15% of that; and

WHEREAS, through the persistent work of many people and organizations, the Board of CRRA was reconstituted and charged with a more open and transparent operation; and

WHEREAS, the new Board has kept its members informed and pursued numerous legal avenues to recoup lost funds;

NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Enfield hereby expresses:

1.      Its appreciation to the new Board and CRRA leadership for its success at
recouping $111,000,000 of the lost money, far better than the best estimates
of two years ago; and

2.      Our encouragement to continue with the other legal actions regarding
fraudulent and improper advice; and

3.      Our desire that these funds, after paying off loans and reimbursing reserves,
be used to stabilize tipping rates especially for the mid-Connecticut projects
in the years to come.

Upon a ROLL-CALL vote being taken, the Chair declared RESOLUTION #7419 adopted 10-0-0.

PUBLIC COMMUNICATIONS

Jack Sheridan, Buchanan Road
        Referring to the sale of 92 Main Street, he stated his belief the lesson learned from this is not that the Town sold the building and is no longer a landlord, but rather the Town should not let the taxes get that far in the arrears in the future.

Mr. Sheridan stated his belief there's a state statute that says it's illegal to spend money in their budget that's greater than their revenue.  He noted if that's true, then the Town's current budget is balanced at their revenue.  He stated if someone came before the Council asking that money be spent on a special project, he would think it would have to go to referendum for approval.  He agreed they shouldn't be bonding items with a short life expectancy.

Mrs. Collins, the Hazardville Section
        Expressed appreciation for those Council members who speak into the microphone.  She noted many people in the audience cannot hear Council members speaking because they're not speaking into the microphones.

Mrs. Collins also expressed appreciation to the Council for saying "no" to people who asked for money this evening.

COUNCILMEN COMMUNICATIONS

Councilman Mangini stated it was recently brought to her attention that the previous Council agreed to look into recognizing 100-year businesses, and that has not been done yet.  She questioned the status on this.  Mr. Shanley stated they gathered the information, but have not done anything with it.

Mr. Shanley stated a couple Councils ago, tax policies were established that never existed before.  He noted that which occurred on 92 Main Street would not occur again because there are currently policies in place that move towards foreclosure within a short number of years, and the Town has been very successful with that over the last few years and they've collected millions of dollars and they're very current.

ADJOURNMENT

MOTION #7420 by Councilman Tait, seconded by Councilman Mangini to adjourn.
Upon a SHOW-OF-HANDS vote being taken, the Chair declared MOTION #7420 adopted 10-0-0, and the meeting stood adjourned at 8:40 p.m.
Clerk of the Council


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