East Hampton Town Council Special Meeting Minutes
Tuesday, January 9, 2007, 6 p.m.
Eaton E. Smith Meeting Room - Town Hall
AGENDA ITEM #1 - CALL TO ORDER
Chairperson, Alison H. Walck called the meeting to order at 6:04 p.m. Other members present were Vice Chairman Derek M. Johnson, Robert J. Berlin, Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel, and William G. Devine.
Others present: Town Manager, Alan H. Bergren, Attorney Jean M. D'Aquila and Attorney Michael A. Zizka.
AGENDA ITEM #2 - DISCUSSION OF PENDING LITIGATION, LEGAL COUNSELS PLANNED EXECUTIVE SESSION
Mr. Johnson made a motion to enter into Executive Session with respect to Agenda Item 2 to discuss pending litigation with legal counsels at 6:05 p.m. Mr. Dostaler Seconded. So Voted 7-0.
Town Manager, Alan H. Bergren and Legal Counsels joined the Town Council in Executive Session.
The Council came out of Executive Session at 6:33 p.m.
AGENDA ITEM # 3 - CONSIDER ANY ACTION RELATIVE TO PENDING LITIGATION
No action taken.
AGENDA ITEM # 4 - ADJOURNMENT
Mr. Johnson moved to adjourn the meeting at 6:33 pm. Ms. Engel seconded. The motion carried unanimously.
Minutes prepared from notes taken by Town Manager, Alan H. Bergren.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary
Acting Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council Meeting Minutes
Tuesday, January 9, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Council Chair Alison Walck and Vice Chair Derek Johnson and members William Devine, Melissa Engel, Robert Berlin, Kyle Dostaler and Scott Minnick.
Also present was Town Manager Alan H. Bergren; Superintendent of Public Works Robert Drewry; Public Utilities Administrator Vincent Susco; Wendy Regan, Youth & Family Services Director and Jane Leary, Social Services Coordinator; and many members of the public.
Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 6:36 P.M. The Pledge of Allegiance was recited.
Approval of the minutes:
· 11/28/2006 Regular Meeting - A motion was made by Mr. Johnson, which was seconded by Ms. Engel, to approve the minutes of the 11/28/2006 meeting as written. So voted (7-0).
· 12/12/2006 Regular Meeting - A motion was made by Mr. Johnson, which was seconded by Mr. Dostaler, to approve the minutes of the 12/12/2006 meeting as written. So voted (5-0-2, both Mr. Devine and Mr. Berlin).
Special Presentations
A. Social Services needs, trends-update-Jane Leary and Wendy Regan explained that due to reductions in state funding, resources are severely limited. Resources affected include food, utilities, medical expenses and employment. Mrs. Leary stated that with that in mind, social services, which includes the food bank, is the primary lifeline to many residents. She went on to explain that transportation is limited and there is no affordable housing in town. East Hampton has approximately 7-10 homeless people. There is a 4-6 week wait for drug treatment, which is located in Middletown. Ms. Leary has operated on a $5,000 budget for the past 6 years. Without the assistance of the food bank, which is stocked by donations, including money, from town residents, assistance would be impossible. At Christmas time 82 families
were furnished with food and gifts. Ms. Regan explained that her clients prefer to stay in town. The smaller town atmosphere makes them feel safe and we have good schools; however, the average rent is very high, transportation is a problem and the job base is almost non-existent. Mr. Bergren added that with the majority of state funding and grants being distributed to urban cities, both Ms. Leary and Ms. Regan have done an exceptional job. Their expertise and confidentiality provide citizens in dire situations, who do not fit into other categories, dignity and hope. Mr. Bergren will check with surrounding towns regarding annual budget lines.
Report of Town Manager
A. Status and update on 13 Watrous Street - Mr. Bergren stated that a court date, 1/19/2007, has been set for a hearing on the eviction of the sub-tenant. A response on compliance issues has not yet been received, although the deadline is later this month. The Zoning Enforcement Officer continues to monitor the site. Mr. Bergren added that the Town continues to pursue legal remedies through the Town Attorney consistent with applicable state and local laws.
B. Status of consent order - Mr. Bergren reported that a formal notice of extension of Consent Order was received from the Department of Health on 1/8/2007 in writing. A special workshop/meeting is scheduled for 1/10/2007 with the Council, WPCA and the engineers to discuss system improvements regarding the yield issue.
C. Annual report update - Mr. Bergren stated that reports covering 7/1/2005 through 6/30/2006 are due into his office by January 15, 2007. He will then review, edit and develop a format for assembly.
D. Fire rescue truck disposition status - Mr. Bergren explained that this vehicle would be put out to a formal bid process, which is an online government auction site with a minimum bid of $5,000. The Town Attorney has reviewed the process and given her approval. Digital pictures from the Fire Department have been requested. A press release will be issued when the vehicle goes online.
E. Main Street Bridge history - Mr. Bergren provided the Council with a report from the town engineer dated 1988, which recommends repairs on the Main Street Bridge, as well as other Town bridges. The 1988 report stated that immediate repairs were necessary. Mr. Drewry explained that due to costs, immediate repairs only included patching and sealing. He stated that the issue has been brought up during every budget year since; however, only temporary work has been done and it continues to deteriorate. He cautioned the Council that this is not the only bridge to be concerned with, but it is the #1 bridge because of its traffic volume, location and the type of bridge. It is critical for public safety. Many residents and school buses travel the bridge every day. Mr. Drewry added that the state does not inspect bridges
fewer than 20 feet anymore. Mr. Minnick stated that the repairs fit under the town revitalization plan. He encouraged working with other committees as well, i.e. EDC and Brownfield’s. Mr. Drewry stated that the preliminary report would be presented to this board, as well as, any other necessary Boards. He added that other than the above-mentioned project, Lakeview Street sidewalks, Barton Hill Road, Old Marlborough Road, Lake Drive and the backside of Hog Hill Road need to be priorities. In the past, only $250-300,000 was budgeted for major improvements. Currently there are 3 miles of sidewalks that need to be re-built at a cost of approximately $800,000 and approximately $28,000,000 in major road improvements. Mr. Drewry explained that many towns bond for these kinds of improvements. He continued that with bonding, all residents would have a vested interest. All streets would be addressed at some point. Mr. Drewry will prepare a listing of needed improvements by priority.
F. Coordination of application process between Boards and Commissions - Mr. Bergren stated that at his next staff meeting he would be reviewing this process to determine what steps can be taken to enhance the flow of information between Boards and Commissions. He is currently developing a written protocol with respect to two agencies and with the start up of the Lake Commission and the soon to be established Design Review Board. He added that he would meet with staff first then approach Boards and Commissions.
G. Route 196/66 Water Issue - Mr. Bergren reported that at this construction site the contractor was ordered to cease pumping water accumulating on the site, which was possibly due to a high water table on the property, into the storm system by the Building Department. Department officials required that the contractor submit and engineering report, which was recently received, and another report is expected, to the Building Department for review by the department, the town engineer and by Dr. Wagner. When questioned, Mr. Bergren confirmed that the Building, Planning & Zoning Administrator, Jim Carey spoke to a member of the Lake Commission in an effort to keep them apprised of the situation.
H. Summit Street wells status - Mr. Bergren reported that 3 wells that were affected by pesticides are now supplied with water filters provided by the State Department of Environmental Protection. DEP is continuing to monitor the area. Also, wells at the day care center on Main Street and a property on Starr place recently tested negative according to the Chatham Health District. He is awaiting further updates.
Discussion on capital improvements ensued. Mr. Johnson recommended that all capital improvement projects be prioritized and outlined in a systematic way. Mr. Bergren explained that currently the Town has a 5 year plan which is updated annually. The plan has a tendency to shrink during budget preparation though. An alternative is bonding, which creates a long term financing plan over multi generations. Sometimes needs/costs are overwhelming to citizens. Mr. Johnson stated that he would like to see the plan before any adjustments/reductions are made.
Public Remarks
· Sharon Kjellquist - Encouraged scheduling a Tri-Board Meeting soon. Also encouraged bonding.
· John Hines - Voiced his concerns on the 196/66 water issue stating that the town has already spent many dollars trying to preserve the lake and willful dumping should not be tolerated.
· Sue Hewes - Voiced noise level concerns. Angelico's Restaurant allows loud music and motorcycles and there is a loud vehicle on North Main Street and also loud boats on the lake.
· Irene Curtis - Also voiced concerns on the 196/66 water issues with respect to the possibility of any impact to wells across the street from the site.
Mr. Johnson requested Mr. Bergren to obtain a report from Jim Carey pertaining to the 196/66 water issue, (causes and/or ongoing issues) for the next meeting.
Liaison and Agency reports
Mr. Devine - Waiting for a call from a business owner to schedule a meeting regarding the blight ordinance.
Ms. Engel - Nothing to report at this time.
Mr. Berlin - Reported on the Firemen’s Awards Program in respect to increasing the bonus schedule. He also attended an EDC meeting on 12/19/2006 in which a zone change was proposed and discussion on Lot 33-West High Street. In addition, election of officers (EDC) will wait until the Commission has a full board. By-laws were adopted and he acknowledged the resignation of EDC member George Coshow and publicly thanked him for his years of service and professional input over the years.
Mr. Dostaler - Attended a ZBA meeting on 1/8/2007. Elections were put on hold. Attended a Lake Commission Meeting on 12/21/2006. Present was Dr. Richards.
Ms. Walck - Attended an Inland/Wetland Meeting on 12/20/2006. Many of the issues were continued. They did approve meeting dates for 2007. Also attended a P&Z Meeting where elections of officers were held.
Mr. Johnson - Also attended same P&Z Meeting where Reverend Harmon was elected Chairman and Peter Aarrestad was elected as vice Chairman. He also clarified that a workshop will be held on 1/19/2007, to discuss the Anti-blight Ordinance at Town Hall. The ordinance is currently in draft form on the web site. Mr. Bergren's office will notify the interested businesses.
Mr. Minnick - Nothing to report at this time.
Reports of Committees and Commissions:
A. Inter-Board Liaisons
· Maryann Dostaler - Stated the EDC has a desire to collaborate with P&Z with respect to updating zoning regulations. She also reported that EDC has funds to hire a consultant. A summary report from the Brownfield’s subcommittee is available on the web. It is a compilation of work done. There will also be a public forum on 1/25/2007 at the Community Center to present the findings and new efforts. Ms. Dostaler added that EDC has 2 vacancies and urged the Council to fill them as quickly as possible.
· Dave Simko - Briefly discussed the Firemen’s Award Program. Active volunteers are awarded a stipend annually if they successfully meet certain criteria. This award is put into a retirement-like account, which can only be accessed if a volunteer dies, becomes disabled or retires. When funds are withdrawn, the volunteer receives a W2 form. He explained that the Board of Fire Commissioners is the Administrators of the plan; however, they cannot approve increases. Approval is needed from the Town Council. The increases will not affect the 2006 calendar year. He requested approval of the increases. Mr. Simko also urged the Council to reappoint a member of the
Board of Fire Commissioners who has already submitted an application for reappointment. He added that the member has been on the Board for 14 years and contributes much assistance to the Commission.
· John Ciriello - Commented that he visited the 196/66 site and witnessed a large areas of water. He reported that someone took pictures of the situation and the DEP was called. His concern was that the lake is already impaired and stressed that this is a very serious situation. Mr. Ciriello also reported on the condition of the lake on 1/1/2007. He encouraged people to come to the Lake Commission meetings and assist with preserving the lake. Mr. Ciriello stated that residents in the watershed are receiving a survey and all others will be surveyed thereafter.
· Mr. Dostaler - Appointments and Sub-committees: Mr. Dostaler reported on all Board and Commission vacancies. He added that 10 applications were received for the newly established Ethics Commission. Mr. Dostaler stated that no further applications will be accepted and interviews will proceed.
Communications and Announcements
A. View from the Chair - Chairperson Walck issued the following statement: “In light of the recent letter from Attorney Wisser dated 20 December 2006, I offer this response. As Chair, I have come to expect those in public service to be measured to higher standards, myself included. Tonight I am in an awkward position. I fell short of the higher standards by which we are measured. I doodled while attending an IWWCA meeting based on conversations I overheard. Simply put, I heard it and I drew what I heard. To the public and the members of the Town council and all concerned, I offer my apologies. These doodles reflect poorly on this institution and the example I wish to convey. These drawings do not reflect my views or personal beliefs and are not meant to denigrate any
individuals. Neither do they reflect my state of mind as it has been mentioned. I look forward to the resolve in this matter in a civil and appropriate manner. Thank you.”
B. Brownfield's Initiative - Mr. Dostaler reported that there will be a Public Meeting on the Brownfield’s Initiative on January 25, 2007 at 6.45 p.m. at the East Hampton Public Library, Community Center. Mr. Dostaler also acknowledged Kim Fountaine and Peter Bergan for pursuing an agricultural grant for Mr. Bergan’s tree farm.
Bids and Contracts - None at this meeting.
Financial Transactions - None at this meeting.
Tax Refunds - A motion was made by Mr. Berlin, which was seconded by Ms. Engel, to approve the following tax refunds:
· Howard Behm, Jr. $22.68
· Daniel Dejesus 5.92
· Robin Donnelly 8.43
· Patricia Florek 18.30
· Allen Greco, Jr 13.02
· Constance Markham 137.07
· Kyle & Kimberly Paluska 2,490.32
· Volvo Finance 310.26
· Gregg Yeaton 119.10
· Total 3,125.10
All members in favor. So voted (7-0).
Resolutions / Ordinances / Proclamations
A. Bond resolution for $1,557,000 for Flanders Road Roadway Improvement Project: A motion was made by Ms. Engel, seconded by Mr. Berlin, to approve the following resolution:
RESOLVED, that the Town Council recommends that the Town of East Hampton appropriate $1,557,000 for costs with respect to the Flanders Road Roadway Improvements Project including but not limited to pavement surface, horizontal and vertical alignment, width adjustment, drainage and intersection improvements; and the Town issue bonds or notes and temporary notes in an amount not to exceed $1,557,000 to finance the appropriation. The appropriation may be spent for design, construction, acquisition and installation costs, engineering fees and administrative costs, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project, including but not limited to costs of related land or easement acquisition, catch basin, drainage pipe, metal beam guide rail, curbing and driveway
installation, utility relocation, tree removal and landscaping, and traffic control.
FURTHER RESOLVED, that the Town Council hereby authorizes the Chairman of the Town Council to call a Special Town meeting to be held January 29, 2007 at the East Hampton High School in East Hampton, at 7:00 P.M., to act upon the foregoing recommendations. All members in favor. So voted (7-0).
B. Bond resolution for $1,020,000 for Main Street Bridge Replacement Project: A motion was made by Ms. Engel, which was seconded by Mr. Devine, to approve the following resolution:
RESOLVED, that the Town Council recommends that the Town of East Hampton appropriate $1,020,000 for costs with respect to the Main Street Bridge Replacement Project including related sidewalk, drainage, curbing and pavement improvements; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $1,020,000 to finance the appropriation. The appropriation may be spent for design, construction, acquisition and installation costs, engineering fees and administrative costs, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project, including but not limited to traffic control. The Town anticipates applying for a grant from the State of Connecticut pursuant to the Local Bridge Program (Chapter 240, Part IIb of the General Statutes of
Connecticut, Revision of 1958, as amended) to defray in part the appropriation for the project. The amount of bonds or notes authorized for the project shall be reduced by the amount of grants received by the Town for project and applied to defray the project appropriation.
FURTHER RESOLVED, that the Town Council hereby authorize the Chairman of the Town Council to call a Special Town Meeting to be held on January 29, 2007, at the East Hampton High School in East Hampton, at 7:00 p.m., to act upon the foregoing recommendations. All members in favor. So voted (7-0). C. Resolution honoring Joyce Bodozian Krauth, Executive Secretary to the Town Manager and Town Council on her retirement. Ms. Engel read into the record a resolution honoring Mrs. Krauth and acknowledging her retirement. A motion was made by Ms. Engel, and seconded by Mr. Berlin, to accept the resolution. So voted 7-0. Mr. Bergren will present the resolution to Mrs. Krauth at her retirement dinner on 1/25/2007.
New business
A. Draft 2007-2008 budget policy statement: Mr. Dostaler distributed to the public a condensed version of the policy statement and a more thorough version to the Council, Finance Director and Chairman of the Board of Finance. (The entire draft budget policy statement may be viewed on the town’s website). Mr. Dostaler read the first 3 pages, which indicated how the Town could approach fiscal responsibility, identify its needs and prioritize. In order to give the members adequate time to read and comprehend the report, discussion was continued until the next meeting.
B. Consider, discuss and take possible action on the Streetscape Steering Committee: Chairperson Walck read the Ad Hoc Streetscape Steering Committee resolution into the record. Mr. Berlin, seconded by Mr. Devine, made a motion to approve the resolution as written. A brief discussion continued. Mr. Johnson recommended that the Committee consist of 5 members as opposed to 7 as written in the resolution. At this time Mr. Berlin rescinded his previous motion. Mr. Berlin then made a motion, which was seconded by Mr. Devine, to approve the resolution as written with an exception that reads “the Town Council hereby creates a Streetscape Steering Committee consisting of five (5) members”. So voted 7-0. (A copy of the resolution will be available in the Town Manager’s
Office).
C. Adopt regular meeting dates: A motion was made by Ms. Engel, seconded by Chairperson Walck, to approve regular meeting dates as written. So voted 7-0. (A schedule may be obtained in the Town Clerk’s Office).
Old business
A. Birmingham Utilities (Spice Hill) well site/ESA: Vincent Susco was present to discuss the possibility of a Hold Harmless Water Testing Agreement between the Town and Birmingham Utilities. The agreement would allow Birmingham Utilities to search for future water sources, on portions of the High School properties, as demonstrated on a map, for a period of one year in exchange for boundary adjustments within the Town’s Exclusive Service Area. There would be no cost to the Town for any tests. Many questions followed. Mr. Susco stated that if water sources were found, the town would provide a permanent sanitary easement for Birmingham Utilities; however, chances are that none would be found. He stated that if there were any inclination that there were significant amounts of groundwater, the Town would have
pursued it. He explained that if water is found, ball fields will not be disturbed and a small pump house would need to be built within a 75-foot radius. He has already spoken to all departments involved. The agreement has been reviewed by the Town Attorney and Birmingham Utilities has made all of the changes required. Mr. Susco indicated that the Town Attorney has advised that the agreement will not have to go to a Town Meeting due to the fact that it is not a monetary transfer. Mr. Bergren added that the charter applies to sale or purchase, not easements. Mr. Susco responded to numerous questions. It was the consensus of the Council to request that Mr. Susco coordinate a presentation of maps and the proposed transaction with EDC and the Facilities Committee with ESA rights and report back to the Town Council a history of what has occurred up until this point and continue at the next meeting. Mr. Minnick requested the information prior to the next meeting for review.
Public remarks
· Hunt Voelker - Concerned with the search for future water sources by Birmingham Utilities.
· John Hines - Concerned with the search for future water sources by Birmingham utilities.
· Dave Simko - Stated that perhaps the land in question could be a water source for Village Center. Also questioned why the Facilities Committee was not included. And commented on capital improvement fund
· Maryann Dostaler - Thanked the Council for the Streetscape Steering Committee Resolution. She reported that they have met with a consultant and have future meeting dates planned. She urged the Town Council to appoint the 5 members of the Committee immediately. Ms. Dostaler suggested a public hearing on the ESA land issue and questioned if fines were imposed on the contractors in the 196/66 water issue.
· Doug Mackeown - Read a letter commenting on the Town Council’s actions at their 12/12/2006, meeting where they enacted a change to the Middle Haddam Historic District Ordinance.
· Lance Johnson - Concerned with the search for future water sources by Birmingham Utilities.
· Rick Walsh - Concerned with the search for future water sources by Birmingham Utilities. The quality of water may be a liability.
· Irene Curtis - Concerned with the search for future water sources by Birmingham Utilities.
· Reverend Harmon - Concerned with the search for future water sources by Birmingham Utilities.
Reserved: None
Adjournment: There being no further business to discuss, a motion was made by Mr. Dostaler, seconded by Mr. Minnick, to adjourn at 9:22 P.M. So voted 7-0.
Respectfully submitted,
Lisa Seymour
Recording Secretary
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East Hampton Town Council/WPCA Workshop Special Meeting
Wednesday, January 10, 2007, 6:30 p.m.
Middle School Media Center
AGENDA ITEM #1 - CALL TO ORDER
Town Council Chairperson, Alison H. Walck called the Workshop-Special Meeting to order at 6:42 pm. Other Town Council members present were: Vice Chairman Derek M. Johnson, Kyle R. Dostaler, Scott A. Minnick, Melissa H. Engel, and William G. Devine. Town Council member Robert Berlin could not attend due to a prior commitment.
Also present were: Town Manager, Alan H. Bergren; WPCA members Mark Barmasse and John Hanson; Water Task Force Chairman, Robert Heidel; EDC member, Jack Hesen; Board of Finance Chairman, Theodore W. Hintz, Jr.; Lake Pocotopaug Commission Vice-chair, John L. Ciriello; Public Utilities Administrator, Vincent F. Susco, Jr.; Maguire Group representatives, Robert Tedeschi, Sebastian Amenta and Mark Kupchek; and Town of East Hampton citizens Edward Jackowitz and John Hines.
AGENDA ITEM #2 - WORKSHOP WITH TOWN COUNCIL/WPCA AND MAGUIRE GROUP ON WATER SYSTEM AND CONSENT ORDER OPTIONS
Chairperson Walck introduced the Maguire Group representatives who then proceeded to make a Power Point presentation (copy of which is attached and made part of these minutes). A general discussion ensued which encompassed covering various scenarios and options with regard to a public water supply to address the Consent Order and the Village Center and environs. A number of questions were posed and answered.
AGENDA ITEM # 3 - CONSIDER, DISCUSS AND TAKE POSSIBLE ACTION UPON ANY RECOMMENDATION(S) FROM THE WORKSHOP
It was the consensus of the officials in attendance that a follow-up workshop will take place on the 17th of January at 6:30 p.m. to revisit this topic and to explore several new options that were discussed in Item # 2.
AGENDA ITEM # 4 - ADJOURNMENT
Town Council Chairperson, Alison H. Walck adjourned the Workshop-Special Meeting at 8:15 p. m.
Minutes prepared from notes taken by Town Manager, Alan H. Bergren.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council/WPCA Workshop Special Meeting
Wednesday, January 17, 2007, 6:30 p.m.
Middle School Media Center
AGENDA ITEM #1 - CALL TO ORDER Town Council Chairperson, Alison H. Walck called the Workshop-Special Meeting to order at pm. Other Town Council members present were: Vice Chairman Derek M. Johnson, Robert Berlin, Kyle R. Dostaler, Scott A. Minnick, Melissa H. Engel, and William G. Devine.
Also present were: Town Manager, Alan H. Bergren; WPCA members Mark Barmasse and John Hanson; Water Task Force Chairman, Robert Heidel; EDC member, Jack Hesen; Board of Finance Chairman, Theodore W. Hintz, Jr.; Lake Pocotopaug Commission Vice-chair, John L. Ciriello; Public Utilities Administrator, Vincent F. Susco, Jr.; Maguire Group representatives, Robert Tedeschi, Sebastian Amenta and Mark Kupchek; and Town of East Hampton citizens Edward Jackowitz and John Hines.
AGENDA ITEM #2 - WORKSHOP WITH TOWN COUNCIL/WPCA AND MAGUIRE GROUP ON WATER SYSTEM AND CONSENT ORDER OPTIONS
Discussion was held regarding various options.
AGENDA ITEM # 3 - CONSIDER, DISCUSS AND TAKE POSSIBLE ACTION UPON ANY RECOMMENDATION(S) FROM THE WORKSHOP
No action was taken, and a further meeting was planned.
AGENDA ITEM # 4 - ADJOURNMENT
Town Council Chairperson, Alison H. Walck adjourned the Workshop-Special Meeting at 7:58 p. m.
Minutes prepared from notes taken by Town Manager, Alan H. Bergren.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council Sub-Committee Meeting
Tuesday, January 23, 2007, 6 p.m.
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck and Sub-committee members Robert Berlin and William Devine. Others present were Town Manager Alan Bergren and several members of the public.
Call to order: Chairperson Walck called the meeting to order at 6:08 pm.
Middle Haddam Historic District Commission review findings:
Chairperson Walck clarified that the purpose of this meeting is to review procedural matters only; not personalities. Prior to this meeting, members of the sub-committee listened to several tapes from meetings of the Middle Haddam Historic District Commission. Both Mr. Devine and Mr. Berlin were in agreement that the Middle Haddam Historic District Commission should in fact update their by-laws to include adopting and adhering to Roberts Rules of Order, as do all other Boards & Commissions. Chairperson Walck reviewed the current procedures in place as followed by the Middle Haddam Historic District Commission. The sub-committee went through several applications for procedural consistency and found that not all applications adhered to the same rules and regulations. She pointed out that steps were omitted,
inconsistencies were apparent and the application procedure appeared to be too casual. There were at least 3 applications where work was completed prior to meetings or public hearings, cases where the agenda was not adhered to or amended and there was also no tape recording for one meeting held in October 2006. She reported that it became apparent at the November 2006 Middle Haddam Historic Commission Meeting that Roberts Rules of Order was not enforced. Chairperson Walck stated that the Town Council has a responsibility to ensure that all Town Boards and Committees act appropriately and accountably in conducting public business. Chairperson Walck also stated that this inquiry had nothing to do with finding fault with any specific member of the Commission. She also reiterated that this review is not of a personal nature but strictly a review of procedural issues.
Adjournment: With no further business to discuss, a motion was made by Mr. Devine, which was seconded by Mr. Berlin, to adjourn at 6:28 p.m. So voted 3-0.
Respectfully submitted,
Lisa Seymour Recording Secretary
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East Hampton Town Council Meeting Minutes
Tuesday, January 23, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson (arrived at 6:38 pm) and members William Devine, Melissa Engel, Robert Berlin Kyle Dostaler (arrived at 6:37 pm) and Scott Minnick (arrived at 6:37 pm). Also present was Town Manager Alan Bergren, Attorney Janet Brooks of D’Aquila and Brooks, representatives of the Maguire Group; members of Boards and Commissions, members of the public and a member of the press.
Call to order & Pledge of Allegiance Chairperson Walck called the meeting to order at 6:33 pm. All stood and recited the Pledge of Allegiance.
Approval of the minutes
· January 9, 2007 Special Meeting-A motion was made by Mr. Berlin, which was seconded by Ms. Engel, to approve the minutes of the 1/9/2007 Special Meeting as written. All members present in favor. So voted (4-0).
· January 9, 2007 Regular Meeting-A motion was made by Ms. Engel, which was seconded by Mr. Berlin, to approve the minutes of the 1/9/2007 Regular Meeting as written. All members present in favor. So voted (4-0).
Special Presentations
A. Attorney Brooks – Avalon Bay Case.
Attorney Janet Brooks presented to the Town Council an overview of the Connecticut Supreme Court’s decision in AvalonBay Communities, Inc. v. Zoning Commission. (A summary of the facts, the Connecticut Environmental Protection Act, general statutes and actions in this matter are attached as part of these minutes). There was a brief discussion as to who requested and/or authorized this presentation and payment for same. Mr. Johnson stated that he requested that Attorney Brooks, who is an expert in environmental matters, attend this meeting to update the Council on intervening rights in connection with any land use matters.
Report of Town Manager
A. Status & Update on 13 Watrous Street:
Mr. Bergren reported that a motion for judgment by stipulation was issued to the tenant, who defended himself in court, on 1/16/2007. Items in the stipulation order included the defendant vacate the property by noon on 2/16/2007; the defendant to leave the premises in a safe condition and remove all belongings, including equipment, vehicles, parts, machinery and personal effects, including both the interior and exterior; not move into the premises any additional equipment, vehicles, personal effects, etc.; and he has to deliver a written confirmation detailing the type and amount of each item of waste that he and/or his agents, partners, etc. have generated on the premises together with a description of how each item has been disposed of and where. Also a written confirmation that all gas tanks, gasoline cans and
other storage containers on the premises are empty with the exception that the defendant shall describe any container that pre-existed his occupancy of the premises. A copy of the entire motion for judgment by stipulation may be viewed in the Town Manager’s Office. Mr. Bergren noted that non-compliance with respect to the clean up would be a violation of a court order and be subject to contempt of court. A response from the tenant regarding the letter sent from the Town Attorney regarding lease compliance issues has not been received to date and the deadline has passed.
B. Status of consent order:
Mr. Bergren read his report, which recommends that the Council request an extension to respond to the yield question. At a recent workshop, a question or suggestion was to explore a parcel of land behind and to the west of Main Street, south of Route 16 and north of Niles Street. With too many unanswered questions regarding contamination and yield of this property, as well as additional research needed on the Cobalt site, the March 1st deadline for the plans and specifications cannot be attained. At Mr. Bergren’s recommendation, a motion was made by Mr. Johnson, seconded by Mr. Dostaler, to amend tonight’s agenda, to add 14C-Consider, discuss and take possible action on the consent order. So voted (7-0).
C. Annual Town Report Update:
Mr. Bergren stated that department/agency reports were due by 1/15/2007. He is in the process of checking to see if all reports have been received and what staff is available to assist him with this project.
D. Report and Status on engineering report from 196/66 Belltown Square:
Mr. Bergren reported that the recent engineering reports have been forwarded to the Inland/Wetlands Commission. He has discussed with the Chairman the discharge incident. Copies have been forwarded to the Lake Commission, the town engineer as well as Dr. Wagner. Both the Lake Commission and the Inland/Wetlands Commission is expected to cover this issue at their meetings.
E. Coordination of application process between Boards and Commissions:
Mr. Bergren reported that due to staff availability he has not had the opportunity to complete the development of a written protocol with respect to what steps can be taken to enhance the flow of information between Boards and Commissions. He will also review what similar sized towns have done and plans to discuss this process with the Chairs of all land use boards.
F. Status of East Hampton Fire Department Rewards Bonus Program:
Mr. Bergren reported that copies of the “Trust Agreement” would be distributed to the Council in an effort to make them aware of their duties and responsibilities of this program. He added that this program was set up some time ago as a modest retirement like stipend earned by volunteers who adequately meet the qualifications set forth. Officers are entitled to bonuses as well for their extra duties and responsibilities. Mr. Bergren will review the plan with the Finance Director and the Chairman of the Fire Commission. He recommended adding this item to the next agenda.
G. Annual Cost Meeting:
State Legislative Update - Mr. Bergren reported that leadership of both the House and Senate were present at the meeting to discuss the upcoming legislative session. He added that from their observations, it appears that there will be efforts to enhance the education cost sharing grant, enhance the special education grant, maintain the local conveyance tax, and improve the town aid road program. Mr. Bergren explained that the town aid road program is revenue based on population and road mileage. East Hampton currently receives approximately $100,000.
H. Audit Report:
Mr. Bergren read his report that stated that copies of the annual audit have been distributed to all Council members. The Town ended the fiscal year with a positive fund balance. Revenues exceeded expenditures and the Town continues on sound financial footing. A six-month expenditure and revenue report was also distributed and it appears that most accounts are on target for expenditures. He also reported that expenditures in the legal account appear to be running above other accounts. It also appears that revenues in the Building Department and the Town Clerk’s Office are slowing down. Mr. Johnson requested an evaluation from the Finance Department in respect to revenue effects on the budget in late February.
Mr. Bergren also noted that the Police Department’s monthly activity report for December 2006 was included in each folder this evening.
Public Remarks
· Charles Harmon noted that Attorney Brooks gave the impression that the Town Council could intervene in any action of Planning & Zoning when in fact it is only the judicial review of Planning & Zoning decisions. He also requested that a courtesy call be made in the future when presentations pertaining to Planning & Zoning are held.
· Mark Barmasse stated that an extension on the consent order was definitely necessary. He added that the request would need to show progress and commitment. He also encouraged working with paid professional staff to frame this request and include a referendum schedule and reports from the professionals. Mr. Barmasse questioned the worth of the Niles Street exploration.
· Ed Jackowitz explained the differences between rock well verses gravel pack well. He noted that it is conceivable that Niles Street, if not contaminated now, may be contaminated down the road. Encouraged Cobalt site.
· Irene Curtis commented on Portland being serviced by MDC. Derek Johnson clarified that it has been explored and evaluated. Expense and quantity were issues and found not beneficial for East Hampton. Mr. Barmasse added that there was also a permitting issue.
Liaison & Agency Reports
• Mr. Devine stated that there were several local business owners present to comment on the draft anti blight ordinance. Mr. Johnson recommended that a workshop should be scheduled for that purpose and the draft ordinance be re-circulated. All interested will be notified by the Town Manager’s Office when scheduled.
• Ms. Engel stated that she attended the COST Meeting with Mr. Bergren. Funding did sound optimistic.
• Mr. Berlin - No report at this time
• Mr. Dostaler stated that he attended the Board of Finance Meeting where they discussed the audit report.
• Chairperson Walck reported on a Conservation Commission Meeting on 1/11/2007 where they reviewed Hampton Woods Development and Skyline Phase 2. Favorable comment on both.
• Mr. Johnson - No report at this time.
• Mr. Minnick reported that he attended the Board of Education Meeting where Mr. Reich presented the first draft of the Board of Education budget for fiscal year 2007-08. (Not approved at this point). An 8.3% increase primarily represents additional staffing (9.6 positions). Copies of the proposed budget will be distributed to all Council members. Mr. Minnick also informed the Council that the entire Board of Education was not aware of the Birmingham Utilities (Spice Hill) well site/ESA issue. He requested an advisory opinion, from the Board of Education, after their presentation on same.
Reports of Committees & Commissions
A. Inter-Board Liaisons
• Ted Hintz, Chairman of the Board of Finance, reported that covered in the auditors report is concern over technology issues, including disaster recovery and security. He questioned the status of the $115,000 allocated several months ago for a technology sub-committee. Creation of a resolution will be put on next month’s agenda. Mr. Minnick added that Mr. Reich recommended utilizing $75-80,000 of those funds for staff.
• Maryann Dostaler, Chairperson of the Economic Development Commission, reported that EDC adopted their bylaws at their December 2006 meeting. One requirement is a calendar year report of accomplishments and activities, which she submitted. Mrs. Dostaler reported on the STEAP grant and questioned the status of Brownfield’s RFQ, Request for Qualifications. Mr. Bergren responded that he has reviewed the RFQ and is now waiting for comment from the Finance Director. Mr. Bergren will keep her apprised.
• Matthew Walton, of the Fire Commission, thanked Mr. Bergren for his efforts in expediting the process regarding the increases to the Awards Program. He urged the Council to address this issue at their next meeting, as the Fire Commission also has to address the issue before the end of February.
• Irene Curtis, of the Lake Pocotopaug Commission, reported that the next Lake Pocotopaug Commission meeting is scheduled on 1/30/2007. She encouraged all to attend.
B. Re-appointments Mr. Johnson, seconded by Mr. Dostaler, made a motion to amend 7B to include Appointments and Re-appointments. So voted. (7-0)
· Middle Haddam Historic District Commission: A motion was made by Mr. Dostaler, which was seconded by Mr. Minnick, to re-appoint Peter Walsh and Richard Walsh as alternates and Ned Costello as a full member. So voted. (7-0).
· Inland/Wetlands Commission: A motion was made by Mr. Dostaler, which was seconded by Mr. Berlin, to appoint Maureen Heidtmann at an alternate. So voted. (7-0).
· Planning & Zoning Commission: A motion was made by Mr. Dostaler, which was seconded by Mr. Minnick, to re-appoint James Sennett as a full member and Beverly Warga as an alternate. So voted. (5-2, no votes were Mr. Devine and Ms. Engel).
· Planning & Zoning Commission: A motion was made by Mr. Dostaler, which was seconded by Mr. Minnick, to re-appoint Roy Gauthier, but to elevate from an alternate member to a full member. So voted. (7-0)
· Streetscape Steering Committee: A motion was made by Mr. Dostaler, which was seconded by Mr. Minnick to appoint Kevin Burnham, Elizabeth Harris, Sue Weintraub, Ralph Stockel and Sue Puzzo. So voted. (7-0). This committee will report to the Economic Development Committee and serve as an advisory resource to the Committee.
· Fire Commission: A motion was made by Mr. Minnick, which was seconded by Mr. Devine, to appoint Russell Oakes. So voted. (7-0).
· Economic Development Commission: A motion was made by Mr. Minnick, and seconded by Mr. Berlin, to re appoint Mary Ann Dostaler and Cindy Rooth. So voted. (6-0, Mr. Dostaler recused himself from this vote).
· Economic Development Commission: A motion was made by Mr. Minnick, and seconded by Mr. Berlin, to appoint Patience Anderson to the Economic Development Commission. So voted (7-0).
C. MHHD Sub-Committee Report
Chairperson Walck explained that after careful review and research and in an effort to eliminate some of the problems exposed during the Sub-Committee review, the following are recommendations to the Middle Haddam Historic District Committee:
1. Draft and adopt bylaws;
2. Revise and update ordinances to reflect the Middle Haddam Historic District Commissions mission and purpose and consider appropriate modifications if needed and address all mapping and boundary issues;
3. In order to streamline and institutionalize the application process, consider filing the applications with the Building Department. This would make public documents more available to the public and also allow all interested persons the ability to access them with set business hours, which would allow the process to become more open and transparent; and,
4. Update the procedural guidelines for the application process to reflect these changes, as well as other procedural matters pertaining to the Commission that has been adopted.
At this time a motion was made by Mr. Johnson, which was seconded by Mr. Devine, to amend the agenda to add, under 14D, “Consider, discuss, and take possible action on the sub-committee report regarding the Middle Haddam Historic District Commissions findings. So voted (7-0).
Communications & Announcements
A. Update of Ethics Commission:
Mr. Dostaler reported that 10 applicants were interviewed. The application process is now closed. He explained that in an effort to assure that candidates appointed are of the character that they claim, he recommended having the candidate sign an affidavit attesting to their character. He explained that not many towns do this; however, he did obtain a copy of what they use in the Town of Glastonbury. He will have a draft ready for discussion at the next meeting on 2/13/2007. Mr. Devine questioned the process of removal in cases of dishonesty. Mr. Dostaler stated that the Town Council has the power to appoint and remove for cause. Mr. Bergren will distribute the draft oath for discussion at the next meeting.
B. Chairperson Walck announced that a Public Meeting on the Brownfield’s Initiative will be held on 1/25/2007, @ the Community Center @ 6:45 pm.
C. Chairperson Walck announced that the Town Meeting will be held on January 29, 2007 @ 7 pm @ the East Hampton High School for the purpose of bonding the Flanders Road Roadway Improvement Project and the Main Street Bridge Replacement Project. Mr. Bergren will publish the resolutions on the web page and make sure there are copies available at the meeting.
D. Chairperson Walck announced that the Tri-Board Meeting will be held on January 30, 2007 @ the Media Center @ the Middle School @ 6:30-8:30 p.m. This consists of the Town Council, Board of Finance and Board of Education.
E. Chairperson Walck acknowledged a letter from the Old Home Day Association specifying July 12th –14th of 2007 as Old Home Day weekend.
Bids & Contracts
None at this meeting.
Financial Transactions
None at this meeting.
Tax Refunds
Ms. Engel, seconded by Mr. Johnson, made a motion, to approve tax refunds in the amount of $2,373.68 as recommended by the Collector of Revenue. So voted. (7-0). Copies of the refunds may be viewed in the Finance Office.
Resolutions/Ordinances/Proclamations
A. Stephen C. Harmon, Eagle Scout:
Chairman Walck read into the record a resolution honoring Eagle Scout Stephen C. Harmon. The resolution was circulated and signed by all members.
B. Lions Club 50th Anniversary:
This was tabled until the next meeting.
New Business
A. Letter from Attorney Jean D’Aquila re: Ethics Complaint:
According to a letter from Attorney D’Aquila, the complaint will be forwarded to the Ethics Committee. The Council’s concern however, was that the Ethics Committee is not yet operating. The consensus was to authorize Mr. Bergren to get clarification from Attorney D’Aquila in respect to this matter and the other ethics complaint pending. Also to check on timeliness for both. Ms. Engel questioned the status of the falsehoods, during public comment, at the land use meetings. The consensus was to put that on the next agenda for discussion.
Old (Continued) Business
A. Consider, discuss, and take possible action on Budget Policy Statement:
Mr. Dostaler distributed updated copies of the budget policy statement. He stated that he added the auditors report to the policy and some additional supporting materials. After much discussion, a motion was made by Mr. Johnson, seconded by Mr. Dostaler, to approve the Town Council budget Policy Statement with the following changes: Economic Development Coordinator section, under Economic Development Functions, 4th item, amend as “Create, implement and administer a Town Economic Development Strategic Plan in accordance with the smart growth policies identified in tab 2. Page 3, “Bridging the Realities of the East Hampton of Today with its Future”, paragraph 3, amend language to read “Town resources will be required to support appropriate sustainable development that is necessary to off-set
the residential tax-base”. Section E, #2, to be amended to read “As part of our land use environmental policy, allocate such capital expenditures as are necessary for the purchase of property for town and/or open space”. Section E, #6 (added) “To set aside and allocate not less than $15,000, on an annual basis for the sole purpose of lake monitoring at least quarterly”.
The only discrepancies between the members were the matter of a full time Economic Development Coordinator. Ms. Engel stated that one way to get this position approved and sustained year after year would be to share the position with a neighboring town as we do with the Director of Health position. Mr. Johnson, Mr. Dostaler and Mr. Minnick objected, agreeing that support and coordination with the Economic Development Commission, the Brownfield’s Committee, and the Streetscape Steering Committee is needed in order to recruit new business and maintain the businesses that East Hampton currently has.
At 9:05 pm Mr. Johnson made a motion, to take a 5-minute recess. Seconded by Mr. Devine. All members in favor.
At 9:10 pm, Chairperson Walck resumed the meeting.
With the above-mentioned amendments, Mr. Johnson moved to adopt the Budget Policy Statement with the changes made this evening. Mr. Minnick seconded the motion. So voted. (5-2, opposed were Ms. Engel, who did not support a full time Economic Development Coordinator and Mr. Devine, who thought the policy was much to expensive to implement). Changes will be made to the policy and emailed to all members for review.
B. Birmingham Utilities (Spice Hill) Well Site/ESA:
The consensus was to move this issue to the next agenda on 2/13/2007 and to request the presence of the Public Utilities Administrator.
C. Consider, discuss and take possible action on consent order:
Mr. Bergren recommended requesting a six-month extension regarding the yield component of the consent order. There was some discussion on the other options. One being the Niles Street property. Mr. Amenta, of the Maguire Group, stated that if the Council is looking at a bedrock well site in an area that is surrounded by compromised water quality of some type, chances are highly likely of finding something problematic based on the contamination that is already evident in the area. He also commented that procedurally, this location was not in the scope of work that was approved by the WPCA, Town Council and the Department of Public Health. Mr. Amenta’s concern was the reaction of the Health Department being that it was not included. He agreed that an extension was appropriate and encouraged submitting all
documentation to date and explaining that more time is needed to consider the financial impact, assess options of availability and test the identified wells and other sites. Mr. Johnson agreed that an extension was necessary. He also noted one particular concern is the difficulty of getting a diversion permit. He commented that exploring other sites may be senseless due to the fact that if it is less than 50,000 gallons, it would not solve the problem in a fundamental or meaningful way and if over 50,000 gallons, the diversion permit process is problematic. (A diversion permit has already been obtained for the Cobalt site). Mr. Minnick agreed that the cobalt site was probably the best site; however, he cautioned the Council that there might be other issues with the site or issues with passing a referendum. He encouraged pursuing all four proposed sites simultaneously. When asked his professional opinion on the Niles Street site, Mr. Amenta stated that unless it was for the sole
purpose of showing the community that all options have been exhausted, he would not pursue that property. At this time Mr. Johnson, made a motion, which was seconded by Ms. Engel, to authorize the Town Manager, in consultation with the Maguire Group, to seek an extension of not less than six months of the existing deadlines of the consent order and provide such detail and analysis as reasonably prudent to obtain that extension. All members in favor. So voted (7-0).
Mr. Johnson also requested the following from the Town Manager: (1) a report from the Finance Director indicating the framework of the financial parameters. (Taking the average of proposals 1-4 as a cost basis and assuming grants of 15% and generating the numbers derived from that); (2) compare and contrast numbers used in the Marin Environmental report dated 2000, ($5,300,000) with the numbers used in the Maguire Group report ($15,000,000) and (3) confirm that the estimated $15,000,000-three year time frame includes land acquisition costs and timetables. Mr. Johnson also requested that going forward, this issue be put on every Town Council agenda for updates, discussion and/or action.
D. Consider, discuss and take possible action on the Sub-Committee findings regarding the Middle Haddam Historic District Commission:
Upon consensus of the Council, this was tabled until the next meeting on 2/13/2007.
Public Remarks
• Irene Curtis: Commented on a well on the backside of the High School.
• Kim Fontaine: Commented on fabulous job done by EDC. Suggested that all candidates for Boards and Committees sign an affidavit of character; not only Ethics Commission and questioned misinformation from Attorney Brooks presentation.
• Maryann Dostaler: Commented on necessity of Economic Development Coordinator.
Reserved
Nothing at this time.
Adjournment
There being no further business to discuss, a motion was made by Mr. Berlin, seconded by Chairperson Walck, to adjourn at 9:53 pm. So voted. (7-0).
Respectfully submitted,
Lisa Seymour Recording Secretary
TO: The East Hampton Town Council and Town Manager Alan H. Bergren
FROM: Attorney Janet P. Brooks
DATE January 19, 2007
RE: The Connecticut Supreme Court’s decision in AvalonBay Communities, Inc. v. Zoning Commission, 280 Conn. 405 (2006)
At the Town Council’s request I have prepared this memo explaining the Connecticut Supreme Court’s ruling in the Stratford AvalonBay cases. These cases involve the denials from both the Stratford Zoning Commission and the Stratford Inland Wetlands & Watercourses Agency for activities associated with a 146 unit development including affordable housing units. I will be present at the January 23, 2006 Town Council meeting to discuss the implications of this ruling and answer questions.
The appeals have a rich history, with officially reported decisions from the Superior, Appellate and Supreme Courts. See AvalonBay Communities, Inc. v. Zoning Commission, 49 Conn. Sup. 183 (2003), reversed AvalonBay Communities, Inc. v. Zoning Commission, 87 Conn. App. 537 (2005) and AvalonBay Communities, Inc. v. Inland Wetlands & Watercourses Agency, 49 Conn. Sup. 188 (2003), reversed AvalonBay Communities, Inc. v. Zoning Commission, 87 Conn. App. 537 (2005). The Connecticut Supreme Court affirmed the Appellate Court’s ruling. AvalonBay Communities, Inc. v. Zoning Commission, 280 Conn. 405 (2006).
Holding of the case
The Connecticut Supreme Court construes General Statutes § 22a-19 of the Connecticut Environmental Protection Act to authorize the Stratford Town Council to intervene to raise environmental issues in the judicial appeals of the developer whose applications were denied by the municipal zoning and wetlands commissions. This intervention is authorized even if it results in thwarting the settlements between the land use agencies and the developer.
Facts
The developer, AvalonBay Communities, Inc., proposed to build in Stratford a 146 unit rental apartment community with 25% of the units set aside as affordable housing. The developer sought from the zoning commission the creation of a new mixed income housing development zone, a zone change and a site plan approval. Because the property contained wetlands and watercourses, the developer sought a permit from the wetlands commission. The Stratford Town Council presented environmental evidence at the agency hearings and offered legal arguments advocating denial of all requests. Both agencies denied all requested permits and changes. In early 2002 the developer took appeals from both agencies’ decisions. The land-use agencies and the developer filed legal briefs. While awaiting oral argument on the appeal, the
land-use agencies and the developer began negotiating settlement of the appeals which would have reversed the denials and allowed a revised version of the proposal to be built. When settlement appeared imminent, in February, 2003, the Stratford Town Council filed a “notice of intervention” to raise environmental issues in each pending land use appeal. The Town Council conceded its purpose for intervening was to preclude settlement of the appeals.
The Connecticut Environmental Protection Act
The Connecticut Environmental Protection Act, General Statutes §§ 22a-14 through 22a-20, establishes that it is in the public interest to provide “all persons” with an adequate remedy “to protect the air, water and other natural resources from unreasonable pollution, impairment or destruction.” General Statutes § 22a-14. As to administrative agencies (which include land-use agencies) the law sets forth that any person or entity, specifically:
the Attorney General, any political subdivision of the state, any instrumentality or agency of the state or of a political subdivision thereof, any person, partnership, corporation, association, organization or other legal entity
may intervene:
as a party on the filing of a verified pleading asserting that the proceeding or action for judicial review involves conduct which has or which is reasonably likely to have, the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state.
General Statutes § 22a-19 (a) (emphasis added). That intervention may occur both as the agency level or any appeal taken of an agency decision. Such a party, commonly referred to as the CEPA intervenor, has the burden of proof establishing that the conduct involved in the application constitutes unreasonable pollution, impairment or destruction. If and when the CEPA intervenor satisfies that burden,
no conduct shall be authorized or approved which does, or is reasonably likely to, have such effect so long as, considering all relevant surrounding circumstances and factors, there is a feasible and prudent alternative consistent with the reasonable requirements of the public health, safety and welfare.
General Statutes § 22a-19 (b).
The law was enacted in 1971. Over CEPA’s 35 year history, the courts have fluctuated between narrowly and broadly construing the purpose and provisions of CEPA. With the decision in this case (albeit a 3:2 decision), the Connecticut Supreme Court has returned to broadly interpreting CEPA.
Legal effect of environmental intervention on appeals
Both the zoning law and the wetlands law contain provisions that a settlement “between the parties” can be entered to resolve an appeal. General Statutes §§ 8-8 (n) and 22a-43 (d). The decisions of the courts have allowed CEPA intervenors to block settlements between agencies and applicants without putting on evidence of environmental harm. The fact that the CEPA intervenor has not supported settlement prevents the settlement from being presented to the court; the court may not use its discretion to inquire the nature of the intervenor’s opposition to the settlement.
Actions of the courts in this matter
Upon the Town Council’s filing of a notice of intervention into the two land-use appeals in Superior Court, the developer filed a motion to strike the intervention petition. The trial court granted the motion. It ruled that the land-use agencies had exclusive authority to regulate zoning and wetlands matters, in accordance with the state zoning and wetlands enabling statutes. The environmental intervention served to interfere with the agencies’ authority. The court only mentioned CEPA in passing. This ruling was appealed to the Appellate Court.
The Appellate Court framed the issue: whether the town can use the intervention provisions of CEPA in appeals of land-use agency denials when the intervention interferes with the town’s delegation to the land-use agencies. It resolved the issue by concluding that the Town Council could intervene, even though it found the Town Council’s thwarting the settlements “a degree unworkable and at least arguably absurd.”
The majority decision of the Supreme Court (three justices) affirmed the Appellate Court’s decision and focused solely on the environmental statute. The court spoke of “the plain and unambiguous” language of CEPA that allows for the intervention of the Town Council. The two dissenting justices concluded that the legislature didn’t intend a Town Council to intervene where the town is participating as a party through its wetlands and zoning agencies. The dissent harmonized CEPA with the land-use statutes by narrowly construing CEPA. That position did not prevail in this case.
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Town of East Hampton
Tri-Board Meeting (Town Council, Board of Finance, Board of Education)
Tuesday, January 30, 2007
7 P.M.
Middle School Media Center
Present: Town Council Chairperson Alison H. Walck, and members Robert Berlin, Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel and William G. Devine; Board of Finance Chairman, Theodore Hintz and members Sharon S Kjellquist, Jill M. Simko, Katherine C. Avery, Kurt J. Comisky, Judith S. Isele and Henry G. Thorpe; Board of Education Chairman, Alan Hurst, and School Board members Joanne Barmasse and Deborah Robinson.
Others present: Town Manager, Alan H. Bergren, Finance Director, Jeff Jylkka, Acting Superintendent of Schools, Kevin Reich, other staff members, other chairs of agencies, and department heads.
Call to order Town Council Chairperson Alison H. Walck called the Tri-Board Meeting to order at 7 P.M.
Pledge of Allegiance Board of Finance Chairman, Theodore W. Hintz, Jr. led the Pledge of Allegiance.
Introduction - Alan R. Hurst Alan Hurst welcomed everyone. The three Boards have held series of Tri-Board meetings over the last few years.
Town Council Budget Policy Statement
Kyle Dostaler discussed the Budget Policy Statement.
Board of Finance Schedule
Mr. Ted Hintz reviewed the Budget Development Schedule and distributed a copy of the special meeting with the March 26th to March 20th correction of date.
Expectations & General Discussion
A general discussion ensued on the policy statement, technology, water system, school needs, economic development, and facilities committee.
Public Comment
Mary Ann Dostaler, Chairman of the Economic Development Committee, spoke during this section.
Adjournment
At 8:30 P.M. Chairperson Walck motioned to adjourn.
Minutes prepared from notes taken by Alan H. Bergren, Town Manager.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren
*********************************
East Hampton Town Council Sub-Committee Meeting
February 6, 2007
6:30 p.m.
Middle School Media Center - Conference Room
AGENDA ITEM #1 - CALL TO ORDER
Chairperson, Alison H. Walck called the meeting to order at 6:40 p.m. Other members present were Vice Chairman Derek M. Johnson, Robert J. Berlin, Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel, and William G. Devine.
AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION - PERSONNEL MATTERS
Mr. Johnson made a motion to enter into Executive Session with respect to Agenda Item 2 at 6:41 p.m. Ms. Engel Seconded. So Voted 7-0.
Council Member, William G. Devine, recused himself and left the meeting at 6:50 p.m.
The Council came out of Executive Session at 7:10 p.m.
Mr. Johnson made a motion to schedule another executive session with Town Manager, Alan H. Bergren, on Wednesday, February 14th at 4:00 pm. Mr. Berlin Seconded. So Voted 6-0.
Mr. Johnson made a motion that the Town Manager appear at the Planned Executive Session to consummate the review process for the Town Manager. Ms. Engel Seconded. So Voted 6-0.
AGENDA ITEM # 3 - ADJOURNMENT
The meeting adjourned at 7:29 p.m.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council Meeting Minutes
Tuesday, February 13, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson (arrived @ 6:33 p.m.), William Devine, Melissa Engel, Robert Berlin and Kyle Dostaler. Absent was Scott Minnick, who was out of town. Also present were Town Manager Alan H. Bergren; members of various Boards & Commissions, members of the public and a member of the Press.
Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 6:30 P.M. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
A. January 23, 2007 Sub Committee Meeting: A motion was made by Mr. Berlin, seconded by Mr. Dostaler, to approve the minutes as written. So voted. (5-0 Mr. Johnson had not arrived yet).
B. January 23, 2007 Regular Meeting: A motion was made by Ms. Engel, seconded by Mr. Devine, to approve the minutes as written. So voted. (5-0 Mr. Johnson had not arrived yet).
C. January 30, 2007 Tri-Board Meeting: These minutes were not ready; therefore, they were tabled until the next meeting.
D. February 6, 2007 Special Meeting: A motion was made by Ms. Engel, seconded by Mr. Dostaler, to approve the minutes as written. So voted. (6-0).
Special Presentations:
A. Grand List: Assessor Donna Ralston presented an outline of the 2006 Grand List which represented a 3.61% increase. She distributed an analysis that represented gross real estate by type, meaning before exemptions, which reflected 93.51% being residential, 4.88% commercial, 1.11% industrial, 0.35% public utilities and 0.15% PA 490. She then went on to explain the increase by category over the last three years. Mrs. Ralston explained that the reason why real estate was 90.29% in 2005 as opposed to 89.91 in 2006 was due to the fact that real estate goes up much more during a revaluation year, which was 2005. Real estate is valued at 70% of its value as of the revaluation year, whereas personal property is valued at 70% every year. She added that 2006 saw a large increase in personal property due to Shaw’s.
They brought in $2,500,000 of taxable personal property. She reviewed the top taxpayers, and stated that the newspaper pointed out that five (5) of the top ten (10) taxpayers are developers and added that Shaw’s Supermarket has been a huge boost for East Hampton.
B. Financial framework-Financial direction for water system: Finance Director Jeffery Jylkka distributed a four-page handout, averaging out the four (4) different waterline project proposals. Option A, assuming a 30% grant and Option B assuming a 15% grant. Both included $1,700,000 in projected 2007-08 capital improvements funds as recommended by the financial advisor. Mr. Jylkka explained that current debt service/authorized un-issued column stated the town’s current debt right now, plus $2,575,000 of debt that was approved at a recent Town Meeting, but not yet issued. The Proposed 2007-08 CIP and Town Share of Waterline” column describes the Town’s principle with respect to debt for 2007-08. He wanted it noted that technically, the town’s portion of the waterline project is considered
contributions, not principle. Option A calculates a waterline project of $15,000,000 with a 30% grant totaling approximately $750,000 per year, over 20-year duration. The Combined Debt Service column is the principle of column one and principle of column two. He also added that the mill impact is not a mill increase, but what the cost is in relationship to the total mill rate that we have. Debt service as a percent of general fund budget is an internal measure that the Town likes to use. East Hampton makes every attempt to keep it at 7% or under at all times, which in the past, has gotten positive feedback from Standards & Poor. He added that 10% is the ceiling that rating agencies like to see. Option B is calculated the same using a grant of 15%. Instead of approximately $750,000 per year, it was $965,000, per year. This does not take into effect any new debt until the principle and interest start tailing off in 2011. Mr. Jylkka went through a debt affordability balance sheet
where the 7% or under rule was applied. Our current debt is $12,566,058 or 6.4% of our operating budget. Ms. Engel commented that the reality of waterline project is that it puts East Hampton to the maximum borrowing capacity until 2011. She added that even at that time, it opens up slowly and assumes we have no other expenses between 2007 and 2011 which may need significant borrowing of money. She did add though that East Hampton should look at the financial benefit of the waterline project as well. It may bring in business so the burden is not only on residential users. A workshop to discuss this information further will be scheduled.
Report of Town Manager:
A. Zoning Enforcement Officer/Wetlands Enforcement Officer: Mr. Bergren pointed out that a listing of monthly activities from Philip Visintainer, Z.E.O., and a memo from James Carey, Administrator of Planning & Zoning, regarding ongoing enforcement matters along with a copy of the previous Inland Wetlands and Watercourse Agency Meeting were included in folders for review and update.
B. Status of Consent order: Mr. Bergren read his report which explained that he personally spoke with Dr. Iwan, who acknowledged receipt of the extension request and indicated that a favorable response would be forthcoming; although, he did not indicate how long that extension would be or when they would reply to the submission.
C. Annual Town Report Update: Mr. Bergren stated that he has begun to assign tasks to various staff regarding the assembly of the report. The Library Director is working on a cover for the report.
D. Staff Meeting: Mr. Bergren read the notes of the last staff meeting, which were included in Council folders.
E. Coordination of Application Process between Boards and Commissions: Mr. Bergren put together concerns, recommendations and a listing of land use Boards and Commissions that this process will effect. He strongly encouraged an integrated approach, proper funding and adequate staffing. A copy was included in Council folders for review and comment.
F. Status of East Hampton Fire Department Rewards Bonus Program: Mr. Bergren read his report, which stated that the Board of Fire Commissioners is the administrator of the plan. There is a separate Board of Trustees that includes the Chairman of the Fire Commissioners, the Fire Chief, a firefighter and the Finance Director. Mr. Bergren pointed out several concerns. (1) Total cost of this package and whether additional funds will be required in this years budget or absorbed within the interest earnings of the plan; (2) Whether this action will increase the ongoing costs of the plan or is a one-time charge; and (3) the Council needs to understand what authority is vested in the role of the Fire Commissioners in making recommendations and what the role of the trustees are, if any, with respect to making
recommendations to the Council for action. He stated that the increases appear nominal; however, it will be confirmed with the Board of Fire Commissioners. There were questions regarding prior updates, amendments and increases. Without that information at hand, Mr. Bergren assured the Council that he would research that information.
G. State legislative Update: Mr. Bergren read his report, which stated that there are a number of bills before the legislature that will have an effect on municipalities. The Governor’s budget has been submitted. It appears to include a significant increase in ECS funding. There is also a potential drop in school building construction reimbursement funding and reductions in town aid programs.
When asked about the falsehoods in land use meetings, Mr. Bergren reported that the Town Attorney has directed that the accusations be brought to the Wetlands Commission. They should not come before this Board.
Mr. Johnson requested a presentation of the Capital Improvement Budget at the next meeting.
Mr. Devine stated that he did not receive an agenda to tomorrow evenings Special Meeting and questioned the status of it. Chairperson Walck confirmed that the meeting would be held.
A letter from John Fauxbel, Community Development Agent for the DECD, regarding the Town’s request for a $300,000 Small Cities Grant Demolition of Water Tower, will be put on the mid March 2007 Town Council agenda.
Public Remarks:
· Hunt Voelker read a letter in which he voiced his disappointment of the Council concerning the non re-appointment of Mr. Charles Gotta to the Board of Fire Commissioners. He also encouraged a closer relationship between the East Hampton Volunteer Fire Department and the Town Council and invited the Council to meet with the volunteers and tour the stations and equipment.
· Matthew Walton also expressed his disappointment with the Council in regards to the non-reappointment of Charles Gotta. He questioned the interviewing and selection process.
· Russell Oaks, who was appointed to the Board of Fire Commissioners, questioned the interviewing and selection process as well. He explained his family ties with Mr. Gotta and stated that he would resign in order for Mr. Gotta to be re-appointed to the Commission. He also commended Mr. Simko, Chairman of the Fire Commissioners, on his time and efforts in trying to secure a $54,000 grant.
Liaison & Agency Reports:
· Mr. Devine: None at this time
· Ms. Engel: None at this time
· Mr. Berlin briefly reported on a Nature Conservancy Meeting that he attended on 1/30/2007, where they discussed a Conservation Action Planning program, which could involve Salmon River. Ten towns’ attended and additional workshops will be held. He encouraged all to see him for further information.
· Mr. Dostaler reported that he attended a Zoning Board of Appeals Meeting where an application for a variance to build a garage was at 43 Moodus Road was granted. Also two by-law changes were adopted. One changing the meeting time to 7 PM. The other was to add to the agenda an item “Seating Alternates”. Elections of Officers were held as well.
· Chairperson Walck attended an Inland Wetlands Watercourse Agency Meeting on 1/31/2007 where there were many applications, most of which were continued to the next regularly scheduled meeting due to lack of materials and/or references available. Also two site walks on two of the applications were scheduled for this past Saturday, which she was unable to attend. On 2/7/2007, Chairperson Walck attended a Planning & Zoning Meeting where quite a few Public Hearings were scheduled for significant applications coming up. At the meeting there was a discussion on affordable housing and they discussed a letter from EDC dated 1/2/2007.
· Mr. Johnson reported that he attended the Board of Fire Commissioners Meeting last evening where they discussed the denial of a FEMA grant that they had applied for. The claim was that the denial was based on the fact that a prior application was incomplete. Mr. Johnson also commented on the physical structure of Company #1. He instructed Mr. Bergren to schedule a meeting with the Facilities Manager and the Chairman of the Fire Commission within 60 days to discuss same.
Reports of Committees & Commissions:
A. Inter-Board Liaisons
· Dave Simko, of the Board of Fire Commissioners, thanked Mr. Johnson for attending their meeting last evening. He also thanked Russell Oakes as well. Mr. Simko reported that two fire trucks had to be towed back from the last fire due to failure of their alternators. He also reported that the firefighters had to repair the vehicles, which he did not think was their responsibility. Mr. Simko voiced his concern regarding the appointments/ interview process and was angered that Mr. Gotta was not notified of his non-reappointment by the sub committee, but by mail three weeks after the fact. He requested that the Council rescind the appointment of Russell Oaks and
reappoint Charles Gotta. Mr. Dostaler clarified that he did indeed call Mr. Gotta.
B. Re-appointments / Appointments: None at this meeting.
Communications & Announcements:
A. Town Meeting Action from January 29, 2007: Mr. Bergren reported that two capital improvement projects were unanimously approved at the Town Meeting on 1/29/2007. (1) Flanders Road Improvements and (2) Main Street Bridge Repair. Mr. Bergren could not give definitive dates of when these projects will begin, although he did stated that the engineers are gearing up and meetings with agencies will be scheduled. The projects are only in the design stage at this point. He added that there was much public support for the projects.
Mr. Johnson distributed a copy of the current draft Anti-Blight Ordnance for Commercial and Industrial Properties. He asked that two copies be sent to Mr. Ralph Nesci and that discussion of same be put on the next agenda. Mr. Dostaler confirmed that this draft is currently on the town’s website.
Ms. Engel read a letter from Mr. David Simko, which, per his request, is attached and made part of these minutes.
Bids & Contracts: None at this meeting.
Financial Transactions: None at this meeting.
Tax Refunds: Mr. Berlin, seconded by Ms. Engel, made a motion, to approve tax refunds in the amount of $16,303.26 as recommended by the Collector of Revenue. So voted. (6-0). A listing of the refunds may be viewed in the Tax Collectors Office.
Resolutions/Ordinances/Proclamations:
A. Proclamation for patrolman Robert Zablonski’s Retirement: Chairperson Walck read into the record a proclamation acknowledging Officer Zablonski’s career in police enforcement and commitment to public safety.
B. MHHDC Sub-Committee Report – Resolution: Chairperson Walck read into the record a resolution by Town Council recommending actions to be taken by the Middle Haddam Historic District Commission to improve Commission functions and processes.
C. Technology Committee: Mr. Dostaler read into the record the first paragraph of the draft Town Council Resolution for an Establishment of a Town Technology Steering Committee. He stated that the purpose of this committee is to ascertain the strengths and weaknesses of the town’s technology infrastructure. Mr. Johnson recommended that the Town Manager circulate this draft to various department heads and heads of Boards and Commissions to get input with respect to what the needs are. Mr. Dostaler will email this draft to Mr. Bergren and this item will be put on the next agenda.
New Business:
A. Village Center Redevelopment Agency: Mr. Johnson distributed a draft ordinance creating the East Hampton Redevelopment Agency for initial discussion. Also attached to the ordinance was the main propose of the agency. He went on to explain that the Town needs to find a way to afford or come to a consensus that it is not financially feasible to resolve all these issues, such as schools, redevelopment of the Village Center and the water system. This agency could provide the framework to tie together all the research and pieces of knowledge that exists from the Facilities Committee, Brownfield’s, etc and expertise and begin to look at how we want the town to look in ten years and put a plan in place as opposed to responding to potential crisis after crisis. Many questions ensued. The consensus was to review
the draft and discuss at the next meeting.
Old (continued) Business:
A. Birmingham Utilities (Spice Hill) Well Site / ESA: Mr. Bergren reported that he met with the School Buildings and Grounds Committee of the Board of Education and discussed the Birmingham Spice Hill well site, with respect to utilizing space at the High School for supplementary wells. They had concerns with any well location on the northeast side. They are exploring the concept of a future multi story academic wing. The potential well site that Birmingham is looking at would be somewhere in that vicinity. We currently have an irrigation well in that area that does not have the restrictions of a water supply well. It supplies water for the athletic fields. The Building and Grounds Committee was not supportive with building anything that close at this time. Birmingham will also look at another well location west
of the school. A concern of the Building and Grounds Committee was leaks. Mr. Bergren spoke to the President of Birmingham, Mr. Tomac, who confirmed that they had a lot of problems when they inherited the system with substantial leaks; however, they are all resolved and all Spice Hill homeowner issues have also been resolved. The homeowners association is very satisfied. With that being said, Mr. Tomac informed Mr. Bergren that they still want to find supplemental sites. Any small additions during a major draught would be beneficial and they would appreciate the opportunity to pursue testing. Mr. Bergren pointed out that some time ago he distributed a letter and map delineating the ESA and boundary lines on the east side of the town in an effort to eliminate confusion; however there is currently some confusion as to where the southern boundary lies with respect to 196/66 project. Mr. Bergren discussed this with Dr. Iwan who recommended amicably resolving any ESA issues between the
Town and Birmingham before applications are submitted to the Water Utilities Coordinating Committee in an effort to avoid delays. Mr. Bergren will continue communications and bring back information to the Council.
B. Consider, discuss, and take possible action on consent order/village water system: Mr. Johnson suggested continuing this to the next agenda. He recommended a workshop, which should include the Finance Director and the Chairman of the Board of Finance.
C. Consider, discuss and take possible action on Middle Haddam Historic District Commission Resolution: A motion was made by Mr. Berlin, seconded by Mr. Devine, to approve the resolution as recommended by the Sub-Committee with the addition of the word “assertive” on page one. A short discussion as to whether it was necessary to attach examples of by-laws ensued. The consensus was to approve the resolution only and not attach the examples. Motion carried. (5-1. Ms. Engel was not in favor).
Mr. Johnson made a motion, which was seconded by Mr. Dostaler, to add an agenda item to Old Business, 14D, to discuss a resolution regarding the establishment of a Town Council Policy for the Appointment of Ethics Commission Members and Alternate Members and to discuss a draft of the proposed Ethics Acknowledgement Form. So voted. (4-2, Ms. Engel and Mr. Devine were not in favor).
D. Discuss a resolution regarding the establishment of a Town Council Policy for the appointments of Ethics Commission members and Alternate Members and to discuss a draft of a proposed Ethics Acknowledgment form: Mr. Dostaler explained that his intent is to distribute the policy and acknowledgment form tonight and take possible action at the next meeting. Concern over when the candidate would sign the form was discussed. Several members agreed that the candidate should sign the form when completing the initial application. With timeliness concerns with respect to three (3) items currently awaiting action from this Commission, it was the consensus to further discuss this item and take possible action at the 2/27/2007 meeting and potentially make appointments at the 3/13/2007 meeting. When questioned why the Ethics
Committee would be the only Committee required to use the acknowledgement form, Mr. Bergren explained that this committee will have greater restrictions than members of other Boards/Committees. Further discussion will be held on 2/27/2007.
Public Remarks:
· Peter Walsh, of the MHHD Commission, stated that there are eight (8) members of the Commission and four (4) of those members are unsure of their term expirations. He asked that the matter be clarified at the next meeting so they can have a functioning and legitimate Commission to carry out the tasks being requested of them by the Council. Mr. Dostaler added that there is also an issue where the Chair is an alternate member. The Chair must be a full member.
· John Tuttle of the Board of Education clarified that on the subject of Birmingham /Spice Hill matter there was concern with drilling on the northeast corner and a less concern on the west section at the High School; however, the committee did not give a green light. Mr. Tuttle invited Friar Associates to the 2/26/2007 Board of Education Meeting with the idea that the Board should hear the various plans that have been on the table for over a year now. He will be seeking approval to spend some time with Friar Associates in order to dig into the recommendations, specifically around the schools and mainly the High School. He was also pursuing ways of getting a
banner across Route 66 for fundraising and/or event purposes and was told that it is not an option anymore; however, CL&P does offer a service of placing two poles with wire on Route 66 for signs and recommended pursuing that option.
· Russell Oaks clarified that CL&P does not allow banners anymore due to insurance and permitting issues although they will give you poles to use.
· Larry Prevost, who has commercial property on Niles Street, commented on the water issue and polluted wells in town.
· Bunny Simko voiced her concern over a process of contacting a person who is either appointed or not appointed/re-appointed to a Board or Commission. She stated that a letter or phone call should precede the announcement. It would certainly avoid hurt feelings.
· Kim Fontaine questioned the redevelopment agency with respect to the proposed legislation that Representative Hamm has put forth that would impact this agency. She also thought it was unfair to have the Ethics Commission sign an acknowledgement form and not other Boards and Commissions.
· Mary Ann Dostaler stated that she has had conversations with Representative Hamm on the proposed legislation, specifically pertaining to the Brownfield’s. The original bill specifically excluded small municipalities from being able to participate in funding and pilot programs. The legislation put forth in this session will allow East Hampton to participate and EDC is keeping a close watch on that proposed legislation.
· Hunt Voelker questioned the accuracy of a map used in the consent order proposal. Mr. Bergren stated that it was incorrect and pointed out already to the company. Mr. Voelker encouraged light industry to take the burden off of taxpayers.
Reserved: None at this time.
Adjournment: Mr. Dostaler, seconded by Ms. Engel, made a motion to adjourn at 9:25 P.M. So voted (6-0).
Respectfully submitted,
Lisa Seymour Recording Secretary
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East Hampton Town Council Sub-Committee Meeting
February 14, 2007
4 p.m.
Annex Building
AGENDA ITEM #1 - CALL TO ORDER
Town Council, Chairperson, Alison H. Walck called the meeting to order at 4:12 p.m. Other council members present were Vice Chairman Derek M. Johnson, Robert J. Berlin, Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel, and William G. Devine.
Others present: Town Manager, Alan H. Bergren
AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION - PERSONNEL MATTERS
Mr. Minnick made a motion to enter into Executive Session with respect to Agenda Item 2 at 4:25 p.m. Ms. Engel Seconded. So Voted 7-0.
The Council came out of Executive Session at 5:10 p.m.
AGENDA ITEM # 3 - ADJOURNMENT
The meeting adjourned at 5:11 p.m.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council Special Meeting Minutes
Tuesday, February 27, 2007, 6 p.m.
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, William Devine, Melissa Engel, Robert Berlin, Scott Minnick (arrived @ 6:05 p.m.) and Derek Johnson (arrived @ 6:31 p.m.). Also present was Town Manager Alan H. Bergren, Assessor Donna Ralston, Mike Blake of Tighe and Bond and several citizens.
Call to order: Chairperson Walck called the meeting to order at 6:05 pm.
GIS Presentation:
Assessor Donna Ralston began by explaining to the Town Council that her responsibilities as Assessor of the Town of East Hampton are to discover, list and value all taxable and tax exempt properties. She keeps inventory of all properties for the Town. Mrs. Ralston went on to explain that in order to do that, she uses maps. The maps she is currently using were flown in 1943 and manually updated since then. Every single day she runs into situations with the inaccuracies of these maps. The inaccuracies affect the tax base, the owner and the seller of a property. New maps are desperately needed. She added that is where GIS (Geographic Information System) could assist. It is computerizing the maps that her office uses on a daily basis. She explained that funds were put into the current budget for a study of the Town’s needs, which was completed. The upcoming budget contains funds to pursue this process.
Mike Blake, of Tighe & Bond, presented a PowerPoint presentation which outlined the functions and purpose of GIS. A geographic information system is a computerized based mapping system which assemblies, stores and manipulates geographically referenced information. It starts with base mapping, which is generated by aerial photography. The State of Connecticut has a re-flying program that they typically try to do every 5 years; however, it does not always happen. Instead AT&T, who also needs this photography, flies 1/3 of the state every year and sells the information. It is nice, accurate data. They fly fairly low to get detailed resolution on the ground. After the base map is accurate and complete, information can be overlaid. All the information currently exists with the Town, it just has to be converted,
downloaded and manipulated to make it accessible for everyone to use through a website. Points, lines and polygons are all GIS understands; however, you can attach data bases to geometric shapes. A few examples are:
· Fire department: could have floor plan of burning building on laptop.
· Public Works: track road conditions and maintenance for budgeting capital projects;
· Police department: track areas in town where additional police protection is warranted.
· Schools: develop and track more effective bus routes
· Track water lines, identify watershed areas and residents, fire hydrants, sewers, wells and find abutting landowners when notification requirements are necessary.
The initial cost is approximately $40,000 which includes conversion of tax maps, conversion of zoning maps, purchase of aerial information from AT&T and putting the information on the website for all to access. Additional layers may be added later at additional costs. Typically a 5 year plan is laid out. Costs will be determined at that time. The base mapping is useful and stands alone. Down the road, agencies can add their own layers and budget accordingly. Adjournment A motion was made by Mr. Berlin, seconded by Ms. Engel, to adjourn at 6:34 p.m. (6-0).
Respectfully submitted,
Lisa Seymour, Recording Secretary
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East Hampton Town Council Meeting Minutes
Tuesday, February 27, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson, William Devine, Melissa Engel, Robert Berlin and Scott Minnick. Absent member was Kyle Dostaler who had a family obligation.
Also present was Town Manager Alan H. Bergen; Finance Director Jeff Jylkka; members of various Boards and Commissions; members of the public and a member of the Press.
Call to order & Pledge of Allegiance
Chairperson Walck called the meeting to order at 6:36 P.M. All stood to recite the Pledge of Allegiance.
Approval of the minutes
A. 1/30/2007 Tri Board: A motion was made by Mr. Berlin, seconded by Ms. Engel, to approve the minutes of the 1/30/2007 Tri Board Meeting as written. So voted (6-0).
B. 2/13/2007 Regular Meeting: A motion was made by Mr. Berlin to approve the minutes of the 2/13/2007 Regular Meeting. A brief discussion followed.
· Ms. Engel pointed out that a response to Mr. Simko’s letter is not on tonight’s agenda as referenced in the minutes, nor discussion on the water consent order. Mr. Johnston commented that the consent order would most likely be discussed under agenda item 8A. Ms. Engel recommended that the Appointments Sub-Committee respond to Mr. Simko’s letter.
· Mr. Johnston made an amendment to page 5, under New Business, regarding the Village Center Redevelopment Agency. It should have stated, “that the Town needs to find a way to afford or come to a consensus that is financially feasible to resolve all these issues, such as schools, redevelopment of the Village Center and the water system”. With that correction, the motion was seconded by Ms. Engel to approve the 2/13/2007 Regular Meeting as amended. So voted (5-0-1, Mr. Minnick abstained due to his absence at that meeting).
C. 2/14/2007 Special Meeting: A motion was made by Ms. Engel, seconded by Mr. Johnston, to approve the minutes of the 2/14/2007 Special Meeting as written. So voted (6-0).
Special presentations: None at this meeting.
Report of the Town Manager
A. Capital Improvement Budget- Mr. Bergren distributed the Capital Improvement Program as prepared by the committee, which included Chairperson Walck, John Tuttle of the Board of Education, Henry Thorpe of the Board of Finance, as well as input from agencies and departments. He explained that this version was approved by the Capital Committee and may be adjusted during budget deliberations. He explained that longevity and cost of a project determines how an item/project gets into the capital improvement program. Historically, if a project/item is $100,000+ and has a 10-year life, it has been financed by debt in the program. There was some discussion on whether maintenance and repairs are included in this budget. Mr. Bergren added that generally, routine maintenance and repairs are included in general fund
operating accounts. Mr. Johnston pointed out that according to the audit; $1,300,000 of our existing stock of capital assets is being depreciated in comparison to the current capital request of $1,266,650. He recommended that perhaps in the future, the audit report should be utilized and referenced when preparing the capital improvement budget.
B. Status of water Tower Demolition - Mr. Bergren referred to a letter dated 1/25/2007, from John Fauxbel, Community Development Agent for the DECD regarding submission of a pre-application for a $300,000 Small Cities grant to fund the demolition of a water tower at 8 Walnut Avenue. We have been invited to submit a formal application and if approved, the project should be completed by the end of the calendar year. He will keep the Council informed.
C. Facilities Committee Update-Final Report: In an effort to clear up any misconceptions, Ms. Engel wanted it noted in the minutes and clarified on the agenda, that this is not the final report of the Facilities Committee but a report of the Village Center Revitalization Assessment. Mr. Bergren stated that he gave this report to the Facilities Committee for their review as they are looking at several parcels of land in the Village Center for future municipal use. The Facilities Committee will meet in a couple of weeks to discuss this report. Ms. Engel added that the Facilities Committee has a broader scope; not just the Village Center.
Public Remarks
· Mr. Pete Lewis read into the record a letter concerning his opinions on the draft anti-blight ordinance. (Attached as part of these minutes).
· Mr. Ralph Nesci read a letter into the record on behalf of William V. Caravale regarding his opposition regarding the proposed anti-blight ordinance. (Letter attached as part of these minutes).
· Ms. Ellen Nosal read a letter into the record regarding her opposition to an application that will be considered by the Planning & Zoning Commission at their March 7, 2007 meeting, seeking a zoning change for a residential property at 154 Main Street to a commercial zone. (Letter attached as part of these minutes).
· Mr. Kenneth G. Dodson also read a letter regarding his concern on the proposal to change the zoning status of 154 Main Street.
· Ms. Irene Curtis applauded all involved in the clean up efforts in the Village Center.
Liaison & agency reports
· Mr. Devine - Nothing to report at this meeting.
· Ms. Engel - Nothing to report at this meeting.
· Mr. Berlin - Nothing to report at this meeting.
· Chairperson Walck - Nothing to report at this meeting.
· Mr. Johnson reported that a firefighter was injured during a drill. He requested copies of any insurance policies which provide coverage to firefighters.
· Mr. Minnick reported that he attended the Board of Education Meeting where there was a presentation by Friar Associates, which included discussion on possible future school building project options and costs.
Reports of Committees & Commissions
A. Inter-Board Liaison - None at this meeting.
Communications & announcements
A. Town Council/WPCA water workshop - Plan possible date: Mr. Johnson explained that there was an issue with respect to the last date; therefore they did not meet. Mr. Bergren reported that EDC and Planning & Zoning are interested in attending this meeting as well. He stated that, to date, he has not received a response to the extension request regarding the consent order. The consensus was to schedule a workshop on 3/12/2007 and invite representatives of all interested agencies. He also requested that Mr. Bergren distribute the final document and the Finance Director’s cost analysis to the various agencies for review before the workshop.
Bids & contracts - None at this meeting.
Financial Transactions - None at this meeting.
Tax refunds
A motion was made by Mr. Devine, seconded by Ms. Engel, to approve the tax refunds as recommended by the Collector of Revenue in the amount of $16,801.99. All members in favor. (6-0).
Resolutions / Ordinances / Proclamations
A. Technology Committee - Mr. Bergren reported that slight changes were made to the proposed resolution, which included prioritization of disaster recovery and security issues. Mr. Minnick added that the Board of Education also reviewed and were in favor of the resolution. A motion was made by Mr. Johnson, seconded by Mr. Minnick to adopt the Town Council Resolution for the Establishment of a Town Technology Steering Committee. All members in favor. So voted (6-0).
B. Resolution honoring Eagle Scout, Mark Phillip Simmons - After Chairman Walck read into the record a resolution honoring Mark Phillip Simmons, a motion was made by Ms. Engel, seconded by Mr. Devine, to adopt the resolution. So voted (6-0).
C. Proclamation for week of March 11 - Girl Scouts make the World a Better Place week - Mr. Johnson read into the record a proclamation acknowledging the week of March 11th as Girl Scout Week. A motion was made by Mr. Devine, seconded by Ms. Engel to adopt the proclamation. All members in favor. So voted (6-0).
D. Resolution regarding Town Council policy for Ethics Acknowledgment form for Ethics Commission - A motion was made by Mr. Devine, seconded by Mr. Berlin, to table this item until the next meeting due to the absence of Mr. Dostaler. So voted. (6-0).
E. Resolution for Town Manager to sign all legal documents and contracts - A motion was made by Ms. Engel, seconded by Mr. Johnson, to approve a resolution authorizing the Town Manager to sign all legal documents and contracts on behalf of the municipality when said agreements are duly approved by the East Hampton Town Council. All members in favor. So voted (6-0).
New Business
A. Road abandonment/discontinuance: Mr. Minnick reported that he spoke to Bob Drewry, Superintendent of Public Works who put together the listing of possible roads that could be considered for abandonment or discontinuance. The list included roads that could cost the town unnecessary amounts of money to maintain and upkeep and roads currently not being used and that contain bridges that are a liability to the Town. Mr. Minnick reported that he also spoke with the Town Attorney regarding the process. She recommended discontinuance as opposed to abandonment. The difference is procedural. Discontinuance is a formal process where written approval is necessary, whereas abandonment is not. Ms. Engel questioned if the amount of funds received from the town aid program offsets the town costs. Mr. Minnick explained that it
does not. For example, he added that the Town spends approximately $200,000 per year on Quiet Woods Road, which is a dirt road. If abandoned or discontinued, it is still a thruway for the property owners that abut it. It would be viewed as a long driveway. The Town would be relieved of liability and any requirements to maintain and improve it. Another example is Gulf Road. He stated that the Town spends thousands of dollars trying to keep it from falling in the river. It is in the State Forest. Ms. Engel pointed out that that Gulf Road is used by fishermen who bring in business to town. It is an important road in her opinion. Mr. Bergren added that in the past, the State has indicated that they want control of that road. In fact they want to control as much as they can in the State Forest. As to notification to residents affected, Mr. Minnick explained that statutorily, there is no notification process required; however, this is only in the initial stages right now. This is not an
instant process. There will be ample opportunity for residents to voice any concerns when it goes to the Planning & Zoning Commission, for they will have to render an advisory opinion. That Commission will look at traffic, future anticipated improvements and make sure it fits into the Town’s plan of conservation and development. After that, it comes back to the Town Council for action. At some point in the near future, Mr. Minnick will meet with Mr. Drewry, Assessor Donna Ralston and the Town Attorney to finalize the list.
A. Consider, discuss and take possible action on Redevelopment Corporation: Mr. Johnson distributed an updated version of the draft ordinance creating the East Hampton Redevelopment Agency, which reflected two changes. (Purpose and effective date). Ms. Engel questioned the shelf life of this ordinance. Should those one or more redevelopment plans for the Village Center be completed, what happens next? She also encouraged looking at the associated costs, i.e. staffing and grant matching costs, if any. Another concern was the reference to eminent domain mentioned under statute 8-127. Mr. Johnson stated that if conditions are imposed with respect to grant money, elected officials have the authority to deal with that aspect of it. He added that if the community supports the plan, cost should be less of a concern. He
also stated that a redevelopment agency does not expand eminent domain powers. A Redevelopment agency, as explained by Mr. Johnson would provide a certain flexibility to make recommendations and would be recognized by the State. He met with representatives of the law firm of Day, Berry and Howard who have a great deal of experience in setting up redevelopment agencies. It is a vehicle to facilitate action in certain areas, as well as to develop a vision. Ms. Engel recommended checking other towns that have implemented a redevelopment agency and question their experience. Mr. Johnson and Mr. Bergren will obtain such information. This subject will be put on the next agenda.
B. Consider, discuss and take possible action on recommendations by Town Attorney regarding MHHDC term recommendations: Mr. Bergren explained that due to confusion on several term expiration dates for the Middle Haddam Historic District, Attorney Janet Brooks and Town Clerk Sandi Wieleba, have researched and determined that the terms for three of the five regular members are incorrectly recorded, as well as two of the three alternate members. They are: Regular members
· Ned Costello 1/1/08
· Gerald Peterson 1/1/07 (next term ends 1/1/12)
· Margaret McCutcheon Faber 1/1/06 (next term ends 1/1/11)
· Nanette Woodcock 1/1/09
· Douglas MacKeown 1/1/10 Alternate members
· Peter Walsh 1/1/11
· Richard Walsh 1/1/07 (next term ends 1/1/12)
· Raymond Krupa 1/1/10
In a letter from Attorney Brooks, she recommended that the Town Council accept the above corrections to the member’s terms. As for the members whose terms expired 1/1/06 and 1/1/07 (Peterson, Faber and R. Walsh) per the ordinance, they continue to serve until they are reappointed, or replaced. Upon reappointment or replacement the five-year term is not extended from the date of appointment; it merely extends five years from the previous expiration date. Mr. Walsh and Ms. Faber have already reapplied and been reappointed, and by this action they will receive corrected letters of appointment; however, Mr. Peterson has not; therefore he will have to reapply. He can actively serve for a period up to 90 days. Mr. Bergen stated that all persons involved were sent a copy of this document and is aware of this
matter.
A motion was made by Ms. Engel, seconded by Mr. Devine, to approve the above term expiration dates and term corrections as recommended by Attorney Brooks. All members in favor. So vote (6-0).
Old business
A. Consider, discuss and take possible action on Ethics Commission: Chairperson Walck, seconded by Mr. Berlin, made a motion to table this issue due to the absence of Mr. Dostaler. All members in favor. So voted (6-0).
Public remarks
• Russ Oakes announced that he has submitted his letter of resignation from the Board of Fire Commissioners. Mr. Bergren read the letter into the record. Mr. Oakes thanked the Council and urged them to reconsider Charlie Gotta for appointment.
• Ted Hintz questioned the process being followed with respect to Town Council Special/Executive Session Meetings, specifically the 2/14/2007 meeting where Town Hall closed early due to inclement weather; however, the Special Meeting-Executive Session was not cancelled. He cited Freedom of Information opinions, rules and regulations that he had obtained. He added that on 11 different occasions, agendas did not elaborate on the purpose, any action taken, etc. He stated that tomorrow evening’s meeting is one more example. Mr. Johnson requested copies of Mr. Hintz’s documents and reassured him that the Council will always comply with regulations and will make appropriate changes if necessary.
• Kim Fontaine suggested not limiting the Redevelopment Agency to the Village Center. Also, to consider increasing the number of members appointed to that commission.
Reserved
Nothing to discuss at this time.
Adjournment
A motion was made by Ms. Engel, seconded by Mr. Berlin, to adjourn at 8:58 pm. All members in favor. So voted (6-0).
Respectfully submitted,
Lisa Seymour Recording Secretary
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East Hampton Town Council Special Meeting Minutes
Wednesday, February 28, 2007, 6:30 p.m.
Middle School - Room 13
AGENDA ITEM #1 - CALL TO ORDER
Chairperson, Alison H. Walck called the meeting to order at 6:44 p.m. Other members present were Vice Chairman Derek M. Johnson, Robert J. Berlin, Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel, and William G. Devine.
Also present: Alan H. Bergren, Town Manager.
AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION - PERSONNEL MATTERS
Mr. Minnick made a motion to enter into Executive Session with respect to Agenda Item 2 at 6:45 p.m. Mr. Johnson Seconded. So Voted 7-0.
The Council came out of Executive Session at 8:47 p.m.
AGENDA ITEM # 3 - ADJOURNMENT
Mr. Minnick made a motion to adjourn at 8:47 p.m. Mr. Johnson Seconded. So Voted 7-0.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary
Acting Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council Special Meeting Minutes
Tuesday, March 6, 2007, 5:30 p.m.
Middle School - Room 13
AGENDA ITEM #1 - CALL TO ORDER
Chairperson, Alison H. Walck called the meeting to order at 5:35 p.m. Other members present were Vice Chairman Derek M. Johnson, Robert J. Berlin, Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel, and William G. Devine.
Also present: Alan H. Bergren, Town Manager.
AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION - PERSONNEL MATTERS
Mr. Johnson made a motion to enter into Executive Session with respect to Agenda Item 2. Mr. Dostaler Seconded. So Voted 7-0.
The Council came out of Executive Session at 6:09 p.m.
AGENDA ITEM # 3 - ADJOURNMENT
The meeting adjourned at 6:10 p.m.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council Special Meeting Minutes
Monday, March 12, 2007, 5 p.m.
Middle School - Room 13
AGENDA ITEM #1 - CALL TO ORDER
Chairperson, Alison H. Walck called the meeting to order at 5:09 PM. Members present were: Robert J. Berlin, Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel, and William G. Devine. Absent: Derek M. Johnson.
Also present: Alan H. Bergren, Town Manager.
AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION - PERSONNEL MATTERS
Melissa Engel made a motion to enter into Executive Session at 5:11 PM with respect to Agenda Item 2. Mr. Dostaler Seconded. Bill Devine arrived at 5:20 PM
The Council came out of Executive Session at 5:46 PM
AGENDA ITEM # 3 - ADJOURNMENT
Motion to adjourn at 5:47 PM was made by R. Berlin and seconded by Bill Devine.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Donna Marsden, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council/WPCA Workshop Special Meeting
Monday, March 12, 2007, 6 p.m.
Middle School Media Center
AGENDA ITEM #1 - CALL TO ORDER Town Council Chairperson, Alison H. Walck called the Workshop-Special Meeting to order at pm. Other Town Council members present were: Vice Chairman Derek M. Johnson, Robert Berlin, Kyle R. Dostaler, Scott A. Minnick, Melissa H. Engel, and William G. Devine.
Also present were: Town Manager, Alan H. Bergren; WPCA members Mark Barmasse and John Hanson; Water Task Force Chairman, Robert Heidel; EDC member, Jack Hesen; Board of Finance Chairman, Theodore W. Hintz, Jr.; Lake Pocotopaug Commission Vice-chair, John L. Ciriello; Public Utilities Administrator, Vincent F. Susco, Jr.; Maguire Group representatives, Robert Tedeschi, Sebastian Amenta and Mark Kupchek; and Town of East Hampton citizens Edward Jackowitz and John Hines.
AGENDA ITEM #2 - WORKSHOP WITH TOWN COUNCIL/WPCA AND MAGUIRE GROUP ON WATER SYSTEM AND CONSENT ORDER OPTIONS
Four additional options were discussed in lieu of the full-build municipal water system.
AGENDA ITEM # 3 - CONSIDER, DISCUSS AND TAKE POSSIBLE ACTION UPON ANY RECOMMENDATION(S) FROM THE WORKSHOP
Various input was received from the Boards and Commissions and public present. The first two options appeared to have little or no support. The EDC supported, at a minimum, option three for fire protection. Another meeting was planned for April 25, 2007.
AGENDA ITEM # 4 - ADJOURNMENT
Town Council Chairperson, Alison H. Walck adjourned the Workshop-Special Meeting at 8:12 p. m.
Minutes prepared from notes taken by Town Manager, Alan H. Bergren.
Respectfully submitted,
Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren
**************************
East Hampton Town Council Meeting Minutes
Tuesday, March 13, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson, Melissa Engel, Kyle Dostaler, Scott Minnick and William Devine (arrived at 6:32 p.m.) Also present was Town Manager Alan H. Bergren, members of various Boards and Commissions, several members of the public and a member of the Press.
Call to order & Pledge of Allegiance
Chairperson Walck called the meeting to order at 6:30 p.m. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
· February 27, 2007-A motion was made by Ms. Engel, seconded by Mr. Minnick, to approve the minutes of the 2/27/2007 Special Meeting as written. So voted. (4-0-2. Both Mr. Dostaler and Mr. Johnson abstained due to they were not in attendance at that meeting. Mr. Devine had not yet arrived).
· February 27, 2007-A motion was made by Mr. Berlin, seconded by Mr. Minnick, to approve the minutes of the 2/27/2007 Regular Meeting as written. So voted. (6-0-1. Mr. Dostaler abstained due to he was not in attendance at that meeting).
· February 28,2007-A motion was made by Mr. Dostaler, seconded by Ms. Engel, to approve the minutes of the 2/28/2007 Special Meeting as written. So voted. (7-0).
· March 6, 2007-A motion was made by Mr. Dostaler, seconded by Mr. Berlin, to approve the minutes of the 3/6/2007 Special Meeting as written. So voted. (7-0).
Report of Town Manager:
A. Zoning Enforcement Officer (ZEO)/Wetlands Enforcement Officer (WEO): Mr. Bergren directed the Council to a report submitted by the Zoning Enforcement Officer, which reported on activities for the previous month, and the Wetlands Enforcement Officer’s report. Mr. Bergren read a memo from the (WEO) in which he reported that, to his knowledge, he is not aware of any outstanding IWWCA enforcement issues at this time. The memo also confirmed that the issue involving the O’Neill Lane property was resolved at the last wetlands meeting. The memo stated that the Town continues to receive 3rd party inspections reports for Skyline and Belltown Square, from ENSR represented by Dr. Wagner. The Wetlands Enforcement Officer’s office investigated activities at the intersection of Routs 16 & 196 and found
no violations at the time of inspection. Monitoring will continue. Mr. Bergren added that Robert Russo, of CLA Engineers, is available to handle field Wetlands Enforcement, during staff absences.
B. Staff status: Mr. Bergren read his report which explained that due to a work related injury, the Administrator of Planning, Zoning & Building has been out of work since early January. Some of his work has been contracted out and some redistributed among other staff, while some the administrator has been dealing with by himself through telephone, email and documents being brought to his home.
C. 13 Watrous Street Status: Mr. Bergren read his report, which explained that the sub-tenant at this address failed to move all of his materials out per the court order. The area was photographed and inventoried. All items left are deemed forfeited to the Town. The Town will have legal control to property and items left as of 3/20/2007. His report stated that with respect to the cleanup grant, the Brownfield’s Committee has narrowed the consultant RFQ’s down to a few finalists for presentations followed by a recommendation to the EDC and ultimately the Council.
D. Consent order update: Mr. Bergren read his report, which stated that a formal notice of extension of was received from the Department of Health on 2/16/2007. The time frame to create the required plan and specifications and submit it to the State Department of Health is 9/1/2007. Four options were referenced in the report to the State. Workshops with interested boards, commissions and agencies are now proceeding along with a discussion to build a consensus toward a preferred option. Consideration will be given to a referendum date with the possibility of an advisory referendum preceding a formal decision making referendum.
E. List of fees current and when updated: Mr. Bergren explained that the Sears Park Sticker fees have been the same price for several years. In a memo from the Parks & Recreation Director it stated that in the late 1990’s vehicle sticker fees were raised from $10.00 to $20.00. Sales and attendance went down drastically. The following year the fees went back to $10.00 and attendance and sales returned to normal. At this time, Mr. Minnick stated that his inquiry on fees were not limited to only Sears Park fees, but all fees that the Council has the power to adjust. After a brief discussion, Mr. Bergren was instructed to gather information on all fees, fines and penalties that the Town Council is responsible for, as well as, when they were last updated and by how much. Also, in connection with the home
construction fee structure, research if East Hampton is in line with other towns and going forward cost out administrative time if possible.
F. Status of ordinance books: Mr. Bergren distributed copies to all Council members. Any revisions will be updated by the Town Clerk when the Council enacts local legislation. He added that all ordinances are available on the Town’s web site under the Town Clerk’s section. Copies may also be viewed in the Town Manager’s Office and the Town Clerk’s Office. The Town Attorney also has a copy and copies will be given to each of the local libraries. Mr. Bergren will research the cost of each book.
G. Other: Mr. Bergren reported that a police activity log is included in tonight’s material. Mr. Bergren also distributed the 2007-08 annual budget book to all Council members. He reviewed several pages and thanked all who participated in this process. There were several favorable comments on the format of the book.
Public Remarks - General
None at this time.
Special Presentations: None at this meeting.
Liaison & Agency reports:
· Mr. Devine: None at this meeting
· Ms. Engel: None at this meeting
· Mr. Berlin: None at this meeting
· Mr. Dostaler: None at this meeting
· Chairperson Walck reported that she attended a Planning & Zoning Meeting on 3/7/2007 where there were many applications and several public hearings. She also attended a Conservation Commission Meeting on 3/8/2007.
· Mr. Johnson: None at this meeting
· Mr. Minnick reported that he attended a Parks & Recreation Meeting on 3/6/2007 where there was discussion on a grant to extend Airline Trail. The grant is in the amount of $11,000 - $12,000 and would cover engineering and design costs. There was also some discussion on signage for the lake for enforcement purposes. Mr. Minnick voiced his concern over enforcement of the lake. He instructed Mr. Bergren to gather information regarding the condition of the police boat and lake patrol scheduling for the season.
Reports of Committees & Commissions - Inter-Board Liaisons Mary Ann Dostaler, Chairperson of the Economic Development Commission, stated that the Parks & Recreation Director has coordinated “Friends of Airline Trail”. This is an Ad Hoc group that meets informally. As for the Redevelopment Agency, the EDC is very supportive of it; however, they had several recommendations/comments. They were: (1). Questioned the name of the Agency (East Hampton Redevelopment Agency versus the Village Center Redevelopment Agency), (2). Section 2 - Adding two alternates; (3). Section 2C - Removal by Town Council, not only by Town Manager, (4). Section 4B - Regarding meeting rules, stipulate Roberts Rules and require by-laws; (5). Place the Purpose of this agency before the ordinance itself and (6). Articulate
qualifications of members.
Communications and announcements:
A. Water System Workshop: Mr. Bergren pointed out that he has prepared an agenda, tentatively scheduled for Monday, April 2, 2007, on the Water System Workshop. Mr. Johnson recommended checking with the McGuire Group first, for their presence is needed. The power point presentation on contamination will be shared with all parties and mapping as well. The consensus was to schedule the workshop for Tuesday, April 3, 2007 pending availability of the McGuire Group.
Bids & Contracts:
A. None at this meeting; however, Mr. Bergren informed the Council that RFQ’s went out for tax software. Three bids were received within the time frame. A forth was delivered late. That is the software package used by most tax offices. The Finance Director will meet with the Town Attorney to discuss options, if any. This item will come before the Council in a later meeting.
Financial Transactions:
None at this meeting.
Tax Refunds:
A motion was made by Mr. Devine, seconded by Mr. Minnick, to approve tax refunds in the amount of $579.63 as recommended by the Collector of Revenue. All members in favor. So voted. (7-0). Refunds may be viewed in the Tax Office.
Resolutions/Ordinances/Proclamations:
A. Proclamation, East Hampton Lions Club, Inc. – Chartered 50 years in East Hampton: Chairperson Walck read a proclamation into the record recognizing the Lions Club and their generous gifts donated to East Hampton and the people therein. With a minor change duly noted “Signed this 13th day of March 2007”, a motion was made by Ms. Engel, seconded by Mr. Devine, to approve the proclamation. All members in favor. So voted. (7-0).
B. Resolution honoring Jane Christopher for 48 years as Registrar of Voters: Ms. Engel read a resolution into the record acknowledging Jane Christopher as Registrar of Voters for 48 years. With one minor change duly noted, (paragraph 4-referenda as opposed to referendums) the motion was seconded by Mr. Devine. All members in favor. So voted. (7-0). The resolution will be presented to Mrs. Christopher at a party in her honor on 3/20/2007 given by the Republican Town Committee.
C. Town Council Policy for Ethics Commission Acknowledgment Form: In an effort to make candidates aware of the ethical standards involved with this Commission, a resolution regarding the establishment of a Town Council Policy for the Appointment of Ethics Commission Members and Alternates Members was established. Mr. Dostaler explained that this form will be sent to possible candidates in an effort to confirm that they have read and understand the Ethics Commission Ordinance, the Code of Conduct and the Code of Ethics, as well as have reviewed their application and verified that all information is true and accurate. He added that Police Chief Reimondo has reviewed and made comment on the form. A motion was made by Mr. Minnick, seconded by Mr. Berlin, to approve the Resolution Regarding the Establishment of a Town
Council Policy for the Appointment of Ethics Commission Members and Alternate Members as presented. A brief discussion followed. Mr. Johnson recommended several changes, which are attached as part of these minutes. At this time Mr. Minnick withdrew his previous motion. A motion was made by Mr. Johnson, seconded by Ms. Engel, to approve the Resolution Regarding the Establishment of a Town Council Policy with the attached amendments. All members in favor. So voted. (7-0).
New Business:
A. Route 151 Traffic Study Proposal - Mr. Johnson voiced concern over the treacherous conditions of Route 151. He stated that the first step in remedying this situation is to complete a traffic study. Mr. Bergren stated that the draft agreement between Technical Planning Associates, Inc. d/b/a TPA Design Group specifies that the scope of services include obtaining and preparing aerial photographs, obtaining ConnDOT right of way mapping, conducting one field visit, attending one public workshop with residents and preparing a summary memorandum of issues and consideration to be forward to ConnDOT. The budget limit of $3,000 will not be exceeded without authorization from the Town. Mr. Johnson added that the Town needs to convince the State that there are valid traffic and safety issues that need to be investigated.
This study could serve as a tool in order to have a meaningful conversation with DOT. He went on to explain that, in the past, many residents have submitted letters of concern with no favorable response. The residents need a professional to go to bat for them. A motion was made by Mr. Johnson to modify the agenda to add under 14D-Consider, discuss and take possible action on Route 151 Traffic Proposal. Mr. Dostaler seconded the motion. So voted (7-0).
B. Middle Haddam School Study - Mr. Johnson explained that this item is in respect to an architectural/engineering study to renovate the Middle Haddam School for town needs or uses. In a memo from Mr. Bergren, several concerns were noted. Traffic, rehab costs due to potential issues such as lead and asbestos, septic, well, ADA accessibility, etc. A verbal estimate for a preliminary architectural/engineering analysis would be the first step in firming up what would need to be done and what the real costs are. The estimate is $8,000 to $9,000 minimum. A motion was made by Mr. Johnson, seconded by Mr. Devine, to add an agenda item under 14E-Consider, discuss and take possible action on the Middle Haddam School Study. All members in favor. So voted. (7-0).
C. Employee Record Disclosure Form: A letter from the Town Attorney recommended use of an employee record disclosure form when a request has been made under the Freedom of Information Act for records within a Town employees personnel, medical or similar files(s). A motion was made by Mr. Johnson, seconded by Mr. Berlin, to add an agenda item under 14F-Consider, discuss and take possible action on a Employee Record Disclosure Form. All members in favor. So voted. (7-0).
Old Business:
A. Consider, discuss, and take possible action on Ethics Commission Acknowledgement Form: A motion was made by Mr. Berlin, seconded by Mr. Minnick, to approve the use of an Ethics Commission Acknowledgment Form. Discussion followed. One change was made to the first paragraph, second sentence, which will read, “This Acknowledgment Form is to be presented to and completed by prospective candidates for the purpose of verifying the undersigned for appointments to the Ethics Commission”. At this time Mr. Berlin withdrew his previous motion. A motion was made by Mr. Minnick to approve the Town of East Hampton Code of Ethics Acknowledgment Form to be completed by Ethics Commission Members and Alternate Members with the aforementioned amendment. Mr. Berlin seconded the motion. All members in favor. So
voted. (7-0).
B. Consider, discuss and take possible action on Village Center Redevelopment Agency Proposed Ordinance - Mr. Johnson clarified that the title is indeed the East Hampton Redevelopment Agency as questioned by Mrs. Dostaler. He also pointed out the following changes made to the ordinance: (1) Increase the number of members from 5 to 7. He added that there is no provision in the statute for alternates. (2) Corresponding changes to terms of service, to add 2 members for 4 years and 2 members for 5 years. (3) Delete “Purpose” in an effort not to limit the agency and enable more flexibility of the agency. Mr. Johnson added that if the Council has confidence in their appointments, they do not have to mandate Roberts Rules and bylaws. The agency will adopt such internal rules that are deemed appropriate. With
that being said, Mr. Johnson, seconded by Mr. Minnick, made a motion to schedule a Public Hearing for April 10, 2007 for the purpose of consideration of an East Hampton Redevelopment Agency as outlined. So voted. (6-1, Ms. Engel was opposed). Mr. Johnson requested that the notice of the Public Hearing be posted on the web site.
C. Fire Department Awards Upgrade: Mr. Bergren explained that in an effort to encourage leadership roles for the Volunteer Fire Department, the Fire Commission is seeking a nominal increase in bonuses. He went on to explain that in the current budget, $24,000 was approved for the Awards Program. The actual spent was $21,000; therefore, funding is available to cover the requested increase of $680.00. Mr. Bergren also explained that the Town Council has the right to amend the plan from time to time as stated in Article XIV-Amendments of the Awards Program. A motion was made by Mr. Johnson, seconded by Mr. Minnick, to amend the agenda to add under 14C-Consider, discuss and take possible action on the Firemen’s Award program Upgrades. All members in favor. So voted. (7-0). A motion was made by Mr. Berlin,
seconded by Ms. Engel, to approve the increase in the amount of $680.00 as recommended by the Board of Fire Commissioners retroactive to February 2006. All members in favor. So voted (7-0). Mr. Bergren added that this is the first amendment since 1996.
D. Consider, discuss and take possible action on the Traffic Study for Route 151: A motion was made by Mr. Devine, seconded by Mr. Berlin, to approve $3,000 for the purpose of a traffic study of Route 151 in Middle Haddam by TPA Design Group. All members in favor. So voted (7-0).
E. Consider, discuss and take possible action on a study of the Middle Haddam School: A motion was made by Mr. Berlin, seconded by Mr. Devine, to approve an amount not to exceed $10,000 for the purpose of a study of the Middle Haddam School for purposes of determining municipal uses that might be compatible with a rehab building and how the Town could assist the Middle Haddam Association with their goal to restore the facility. Discussion followed. Ms. Engel thought the amount was rather high. She explained that for the entire Facilities Study the fee was drastically lower. Mr. Bergren added that this study would be very specific. When questioned on the ownership issue, Mr. Johnson stated that the Middle Haddam Association is the owner; however, they are in full cooperation of this study. Mr. Bergren added that if
the Town was to finance rehabilitation through bonds, the town would have to be in an ownership position and improvements would be subject to state and/or federal prevailing wage laws. A letter of agreement will be drafted. The motion was approved unanimously. (7-0).
F. Consider discuss and take possible action on the Employee Disclosure Form: A motion was made by Mr. Devine, seconded by Mr. Minnick, to approve, as recommended by the Town Attorney, the use of the Employee Disclosure Form. Mr. Bergren added that although this form will be used for Town employees only, he would share the form with the School. He noted that they may be covered under different state statues regarding employee disclosure. The motion carried unanimously. (7-0). This form will be added to the employee handbook. G.
Public Remarks: None at this time.
Reserved: None at this meeting.
Adjournment: A motion was made by Mr. Dostaler, seconded by Mr. Minnick, to adjourn at 8:21 P.M. All members in favor. (7-0).
Respectfully submitted,
Lisa Seymour Recording Secretary
****************************************
East Hampton Town Council Meeting Minutes
Tuesday, March 27, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck and Vice Chair Derek Johnson and members William Devine, Melissa Engel, Kyle Dostaler, Scott Minnick and Robert Berlin (arrived at 8:15 p.m.). Also present was Town Manager Alan Bergren; Finance Director Jeff Jylkka; members of various Boards and Commissions; members of the public and a member of the Press.
Call to order and Pledge of Allegiance Chairperson Walck called the meeting to order at 6:30 p.m. All stood to recite the Pledge of Allegiance.
Approval of the minutes
March 13, 2007: With a clarification that Mr. Berlin was present at the 3/13/2007 Regular Meeting however not listed in the minutes, a motion was made by Mr. Dostaler, which was seconded by Mr. Johnson to approve the minutes with that amendment. So voted (6-0).
At this time Ms. Engel made a motion, which was seconded by Mr. Devine, to add under 14A, Old Business, Consider, discuss and take possible action on the Ethics Acknowledgment form. Mr. Dostaler commented that three (3) acknowledgment forms have already been received. The motion carried. (6-0).
Report of Town Manager
A. Annual Report Update: Mr. Bergren read his report in which he stated that he is finishing up the layout, cover and introduction and expects the report to be ready in April.
B. Water Tower Demolition update: Mr. Bergren read his report in which he stated that L. Wagner & Associates has completed the application. Larry Wagner and Mr. Bergren will meet on Thursday to sign the application. They will deliver the application to DCED.
C. List of fees and fines – Current status, last update: Mr. Bergren read his report in which he stated that the Town Clerk will be assisting him with this project. She has complied applicable ordinances and distributed to appropriate agencies for their input/update. The Police Chief has already submitted his report, which was included in tonight’s folders. Mr. Bergren added that he expects all reports in 30 days.
D. Budget proposed highlights and summary: Mr. Bergren read his report in which he stated that the budget was released on 3/13/2007. Expenditures reflect the Council Budget Policy Statement and revenues are based upon the best available information at this time considering the current dynamics at the State Legislature. He added that the Board of Finance has been working on the budget and meeting with departments/agencies. He invited all Council members to attend the public hearing. Mr. Bergren highlighted staff changes, insurance costs, and energy rates. He went on to report that the Board of Education budget submitted represents a 7.58% increase. With offsetting revenues and growth in the grand list, the mill rate is projected to increase by 1.55, which translates to a 6.9% increase in taxes. He also added that
the testified before the Appropriations Committee on 3/20/2007.
E. Status of water source Protection Plan (M. Cohen): Mr. Bergren read his report in which he stated that included tonight’s material is the East Hampton Source Water Protection Plan, development the East Hampton Sourcewater Protection Team and prepared by Atlantic States Rural Water and Wastewater Association. He went through the report and summarized and acknowledged the participants. Mr. Bergren added that there was very good representation. As recommended by Mr. Dostaler, Mr. Bergren will get a copy of the report to all land use boards and commissions and other agencies that may have interest in the document. Mr. Dostaler stated that he spoke to Mr. Cohen who stated that he would be willing, in the possible near future once discussions have been made, to re-address, amend or change the plan.
F. Disposition and status of fire rescue truck: Mr. Bergren read his report in which he explained that this item will be listed on a government web site. He has requested that the Fire Department fill out an informational form on the vehicle to facilitate the process. It will allow an opportunity to bidders to review the apparatus. He added that the Finance Director is familiar with this site
G. Other: Mr. Bergren read his report which acknowledged the following:
· The Board of Finance approved $3,000 for the traffic review/study and $10,000 for engineering/architectural review of Middle Haddam School. (This Council has previously approved both).
· Reviewed the bids received for the retaining wall repair at Town Hall. The high bid was in the amount of $109,000. The low bid was in the amount of $63,302.00. Mr. Bergren requested that this matter be added to this evening’s agenda und 9A.
· Mr. Bergren explained that our tax office software is approximately 17 years old. The Town has outgrown it. The Finance Director sought proposals for software; however, after reviewing the proposals, he recommended not making an award. He requested an exemption be granted under section 4a of the purchasing ordinance. Mr. Bergren requested that this matter be added to this evening’s agenda under 9B.
· Mr. Bergren stated that included in this evening's material was a copy of his written testimony pertaining to the Legislatures Appropriation Committee.
· Mr. Bergren pointed out that included in this evening material is a fund balance and expenditure sheet
· A memo pertaining to time frames for meetings on the Superintendent of Schools search at the High School on 4/9/2007 beginning at 9 am, with government and town leaders at 5 p.m. Mr. Bergren will re-distribute this memo.
A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to add to this evening's agenda the following items:
· 9A - “Consider, discuss and take possible action on the Town Hall Retaining Wall Project”; and,
· 9B - “Consider, discuss and take possible action on the Tax Office Software bid”. All members in favor.
So voted. (6-0).
Public Remarks
Bunny Simko, Long Hill Road: 1) Requested a response to Dave Simko's letter that was presented primarily to the appointments sub-committee on 2/13/2007, where a written response was requested. 2.) Questioned status of a replacement to the Fire Commission due to a resignation; and 3). stated that she took personal offense to the fact that the Council approved $10,000 for the Middle Haddam School engineering study in one evening when it took 13 months to approve $680.00 for the Volunteer Firemen’s Award Program bonus increase.
Special Presentations None at this meeting.
Liaison & Agency Reports
· Mr. Devine: None
· Ms. Engel: Reported that she attended a WPCA Meeting. Continued testing for copper and lead at the Royal Oaks Water System, including Memorial School, has tested well over the last couple of tests which reduces the amount of testing that will be done annually. It is very expensive. It also puts the town in better financial shape for continuing of monitoring and treatment.
· Mr. Dostaler: Attended the Board of Finance Meeting on 3/9/2007 where a special presentation on GIS was held. Also, Christine Cross, of UCONN Center for Survey, Research and Analysis, discussed the possibility of what it would take to do another town survey. Actions approved at that meeting were the Route 151 road study and the Middle Haddam School engineering/architectural review.
· Chairperson Walck: None
· Mr. Johnson: None
· Mr. Minnick: Attended the Board of Education Meeting 3/26/2007. He reported that the Board of Education would like to be invited to the 4/10/2007 Council meeting with respect to a presentation with regards to adopting a schedule for a referendum for their building improvement and/or additions to schools. Ms. Engel stated that the Facilities Commission has not been in contact since their last meeting. Ms. Engel was not aware of this plan. She commented that coordination needs to be addressed. She stated a presentation to Council is fine; however, a referendum is premature. Ms. Engel will contact Mr. Tuttle. Mr. Minnick also attended the Board of Finance meeting
where the Board of Education discussed their proposed budget. Their biggest need is staff.
Reports of Committees & Commissions
A. Inter-board liaisons:
· Mr. Dostaler reported the appointments subcommittee is beginning to interview applicants for the Technology Committee. Also, three returns of the Ethics Acknowledgement Forms have been received. Mr. Dostaler confirmed that the people being interviewed have already submitted and application. He is trying to get in touch with other's who have expressed interest in the past as well.
· Maryann Dostaler reported that the Brownfield’s Committee is moving forward with their process to review and recommend a consultant for the 13 Watrous clean up grant. She also stated that they would be contacting the Chair and Town Manager with respect to being on the 4/10/2007 agenda to give a presentation and recommendation on same.
· John Ciriello, of the Lake Commission, distributed and spoke on the Lake Pocotopaug Commission Survey that will be distributed this Friday. The intent of the survey is to gather information to assist with educating residents in the watershed area. Future surveys will be conducted at a later date involving residents outside the watershed. Expense is the reason that it is only being sent to watershed residents at this time. Survey Monkey will tabulate the results. The survey will go out to approximately 1,800 households. Just to point out the condition of the lake, Mr. Ciriello showed pictures taken randomly on Clark Hill Road, Old Clark Hill Road and
Christopher Brook. The pictures showed that when you get into the watershed area, where there is density of houses and maybe areas where erosion has occurred, in a rainstorm nutrients go towards the lake. In the long run this produces problems with phosphorus and algae. A brief discussion on the grant money followed. Mr. Ciriello confirmed that $50,000 was received from state grants. $25,000 of that amount may be used for monitoring and education. Chairperson Walck stated that last year, drainage modifications were made to the area in question on Clark Hill Road. She requested that this be dealt with immediately. She recommended forming a group, including Mr. Drewry, to look into this serious matter in an effort to reduce the runoff as soon as possible. Mr. Bergren stated that with dirt roads, erosion will occur until they are paved. Discussion followed on possible funding assistance due to the lake being considered “impaired”. Mr. Bergren explained that due to the
designation, we might have leverage to get federal funds. DEP will assist with it. Mr. Ciriello also reported that a monitoring committee was recently established. There will also be an education committee. The Commission will continue researching available grants.
Communications and announcements
A. Water System Workshop: Mr. Bergren announced that on 4/25/2007, a water system workshop will be held at the East Hampton Middle School from 6:30 pm until 8 pm. All Boards and Commissions are invited.
B. Communication from Shelley Greene (TNC): Mr. Bergren reported that all members received an email regarding information on the Nature Conservancy projects. The email encouraged the Town Planner to attend the next meeting of the Salmon River partnership. The consensus of the Council was to request the Planner’s attendance as well. Mr. Bergren will re-send the email and verify Mr. Dodes attendance.
Workshop on the budget: Mr. Bergren announced that the Board of Finance will hold a workshop on Wednesday, March 28, 2007 at the East Hampton High School Media Center. All were invited to attend.
Bids and contracts
A. Consider, discuss and take possible action on the Town Hall retaining wall bids: Mr. Bergren reported that four bids were received yesterday for the reconstruction of the concrete retaining wall at Town Hall. Conn Strux Inc. appeared to be the low bidder. Pending verification of references, Mr. Bergren recommended awarding this bid, in the amount of $63,302 to Conn Strux. He also recommended a 10% contingency fund should be recognized due to unknown potential issues. Currently the area is closed off. It is a major inconvenience to patrons of the Planning and Zoning Department and the Health Department and it is currently not ADA compliant. Facilities Manager, Frank Grzyb confirmed that due to a void in Conn Strux schedule, they claim that this project can be completed within 20 days, pending weather conditions.
He stated that quality materials, as mandated in the bid, will be used, specialized equipment as well and pressure treated wood for the stairs. The contingency will be reserved only for issues not included in the scope of work. At this time a motion was made by Mr. Johnson, seconded by Mr. Devine, to award Conn Strux, Inc. the bid to repair the retaining wall at Town Hall per specifications, for the cost of $63,302.00, with reserve of 10% as recommended by Mr. Bergren. All members in favor. So voted. (6-0). Mr. Bergren added that this might qualify as an insurance claim; however, it was unknown at this time.
B. Consider, discuss and take possible action on Tax Office Software bids: Finance Director Jeff Jylkka explained that in an effort to seek proposals for a tax billing/collection system and assessment administration system, he posted on the State of Connecticut, Department of Administrative Services web page a notification for same. Four proposals were received. Of the four proposals, one was received late. Per the bid specification, it was rejected and returned unopened. Of the remaining 3 bids, 2 did not have any clientele in Connecticut and the other one was Tyler, who the town uses for their financial system; however, customer service has been unacceptable. Mr. Jylkka respectfully requested that an exemption be granted under Section 117-4a of the purchasing ordinance and that he be authorized to negotiate a
contract with Quality Data Services Inc. of Waterbury, CT. He added that they are a well-known company with 120 Connecticut clients and are uniquely qualified to provide the services that were outlined in the request for proposal. Discussion followed. When questioned if an exemption had ever been used in the past, Mr. Bergren stated that it had many years ago with voting machines. In his opinion, he recommended that the Council grant an exemption due to the fact that it was an open and fair competitive process. The bid specifications went out to over 1000 vendors. Everyone had an opportunity to submit a proposal. He added that this is unique in the way that our tax office is our most vital revenue source. He would not recommend using a vendor unfamiliar with Connecticut or a vendor with poor customer service, as it is extremely important that tax bills get out in a timely fashion. He added that re-bidding would bring the same results. With that being said, Mr. Dostaler moved to
allow an exemption for the Finance Director, under town ordinance 117-4a, and authorize the Finance Director to negotiate a contract with Quality Data Services, Inc. for the tax billing/collection system and assessment administration system for the Town of East Hampton. Mr. Devine seconded the motion. All members in favor. So voted. (6-0).
Financial transactions None at this meeting.
Tax refunds Mr. Devine, seconded by Ms. Engel, made a motion, to approve tax refunds in the amount of $926.87 as recommended by the Collector of Revenue. All members in favor. So voted. (6-0).
Resolutions/Ordinances
A. Fair Housing Month: Chairperson Walck read a resolution into the record endorsing the Fair Housing policy. Ms. Engel, seconded by Mr. Devine, made a motion, to adopt the Fair Housing Resolution with typographical errors corrected. All members in favor. So voted. (6-0).
New Business None at this meeting.
Old Business
Ms. Engel distributed a copy of the Ethics Acknowledgment form with two additional items added to the certification form. The additional items could ensure that those persons appointed will conduct themselves with impartiality while avoiding the appearance of impropriety. These items were: #10 – “I have not acted in a manner that would demonstrate a bias for, or against, any Town employee or official” and #11 – “I have not entered into communications with Town Officials or any town employee involved with regulatory activities, concerning matters that pertain to my pursuit of personal business interest with the town”.
Discussion followed. Ms. Engel explained that the current certification establishes the minimum qualifications for appointment. Additional certifications that meet the standards required by the Town's ethics policy and section 43-1 of Chapter 43 were necessary. She explained that #10 is so obvious that it needs to be stated. If attested to, perhaps an applicant would be aware of any bias actions. Her intent was to make it as clear as possible. She went on to explain that #11 could avoid potential conflict. Mr. Johnson commented that all of the other 9 questions are all objective and could be proved, whereas #10 could not. He continued that #11 would preclude someone that has discussed a particular project or concern with a town employee or official. He was in favor of the theory but thought it was too broad. Some
member’s thought that the code of conduct and ethics already cover these items. After a brief discussion, Mr. Johnson offered drafting language for the next meeting in an effort to give greater flexibility, and provide a tighter disclosure mechanism. A motion was made by Mr. Minnick, seconded by Ms. Engel, to table this matter until the next meeting. All members in favor. So voted (6-0-1. Mr. Berlin arrived at 8:15 pm. He abstained due to his late arrival).
Public remarks
Patience Anderson, of 17 Anderson Way, commented on the potential revisions to the acknowledgment form. She suggested that the Ethics Commission recite an oath at the opening of each meeting in an effort to remind all members of any potential biases.
Ralph Nesci, 139 Colchester Avenue, distributed a handout titled “Town Reimbursing Businesses for Makeovers”. Chairperson Walck apologetically stated that this does not pertain to items discussed on the current agenda as stated on the agenda therefore would not be discussed at this time. This will be put on the next agenda.
Reserved None at this meeting
Adjournment There being no further business to discuss, a motion was made by Ms. Engel, which was seconded by Mr. Devine, to adjourn at 8:22 p.m. All members in favor. So voted. (7-0).
Respectfully submitted,
Lisa Seymour Recording Secretary
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