East Hampton Town Council Meeting Minutes
Tuesday, April 10, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members William Devine, Melissa Engel, Robert Berlin, Kyle Dostaler and Scott Minnick.
Also present was Town Manager Alan Bergren, 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.
A motion was made by Ms. Engel, which was seconded by Mr. Devine, to move agenda item 14A, Consider, discuss and take possible action on formation of Redevelopment Agency by Ordinance, under 3C due to the fact that the audience included citizens that participated in the Public Hearing for same earlier this evening. All members in favor. So voted (7-0).
Approval of minutes
· Town Council Special Meeting – March 12, 2007: A motion was made by Ms. Engel, seconded by Mr. Berlin, to approve the minutes of the 3/12/2007 meeting as written. All members in favor. So voted. (7-0).
· Town Council Regular Meeting – March 27, 2007: A motion was made by Mr. Dostaler, seconded by Mr. Minnick, to approve the minutes of the 3/27/2007 meeting as written. So voted. (6-0-1, Mr. Berlin abstained due to his late arrival at that meeting).
Special presentations
A. John Tuttle - Board of Education Facilities Study: Mr. Tuttle distributed a Town of East Hampton-Building Project Timeline. He explained that this project timeline does not propose a new plan or facility, merely a timetable to avoid missing reimbursements from the state that are only disbursed in June of each year. If missed, a project could be delayed by another year. Mr. Tuttle stated that Friar Associates presented the Board Education with a review of the facilities study. He added that a schedule is necessary in order to be aware of dates for RFP’s, site analysis, meetings, referendums, etc. He reiterated that the timetable is only a template. Ms. Engel will bring funding reimbursement concerns to the Facilities Committee’s next meeting.
B. EDC/Brownfield’s Steering Committee, 13 Watrous Street: Mary Ann Dostaler, Chair of the Economic Development Commission, and David Terry, Chair of the Brownfield’s Sub-committee, presented a handout which explained the process and results of the East Hampton Village Center Brownfield’s Initiative.
C. Subcommittee Consultant Selection Process USEPA Cleanup Grant for 13 Watrous Street. Mr. Terry explained, in brief, that a request for qualifications for a consultant was posted on the DAS website. Statements of Qualifications were requested by 2/12/07. Ten (10) firms responded. Of the ten (10) firms, five (5) successfully met all the critical requirements and were selected for further processing. Each firm was scored and based on that scoring; three (3) firms were selected to a Conceptual Remediation Action Plan. The firms made presentations to the subcommittee and the subcommittee members completed evaluation forms. Each firm was solicited for rate schedules. All rate schedules were comparable; however, Tighe & Bond ranked the highest for recommendation; therefore, it was recommended by the Village Center
Brownfield’ Subcommittee, that Tighe & Bond be hired as consultant for the implementation of the $200,000 EPA Brownfield’s Cleanup Grant for 13 Watrous Street. Mr. Terry added that requirements of the EPA grant are that the Town enters into a remediation program. Financial requirements of that program are a $1,500 filing fee for a Form 1 environmental site assessment and a $3,000 filing fee for conduct and submittal of environmental condition assessment form, as well as, a 20% in-kind cost share. Ms. Dostaler recommended that the Town Council add to tonight’s agenda consideration of same. Brian Conte and Fred Mueller, of Tighe & Bond, presented a power-point overview of their proposed phase III approach, conceptual remedial action plan, post remediation operations and maintenance and estimated grant allocations. At this time a motion was made by Mr. Johnson, seconded by Mr. Devine, to add under agenda item 13B, Consider, discuss and take possible action on
approval of Tighe & Bond, specifically as consultant for the implementation of a $200,000 EPC Cleanup Grant for 13 Watrous Street. So voted. (7-0).
D. Consider, discuss and take possible action on a Re-development Agency Ordinance: Mr. Johnson began by explaining the importance of a re-development agency. He stated that this is the most institutionally flexible vehicle that the Town can adopt to engage in municipal development and redevelopment projects. He added that, for many years, the Town has talked about what steps to take in an effort to revitalize the Village Center. Mr. Johnson addressed concerns voiced at the public hearing. He explained that this agency is a critical layer, not an additional layer, needed to implement revitalization. It is an agency of the Town. As far as control is concerned, all projects would have to be approved by Planning & Zoning and perhaps the Housing Authority, depending on the project, as well as the Town Council and
ultimately a public hearing. The town meeting would as always, approve appropriations in excess of $25,000. The Re-development Agency would have no independent eminent domain power. He continued that according to Connecticut General Statute 8-128, it is clear that a redevelopment agency may acquire property but only with approval of the legislative body, which is precisely the policy East Hampton currently has. Mr. Johnson added that on the first page of the Village Center Revitalization Assessment it confirms that we have not achieved our hopeful goals of revitalization. In the assessment report there are recommendations that were submitted as part of the Brownfield’s Assessment grant, to seek state assistance. Within the Connecticut Department of Community Development there is a mechanism whereby state assistance may be provided for projects related to redevelopment, job creation and related goals. Chapter 132, of the Connecticut General Statutes, allows municipalities to
prepare a municipal development plan, which gives the ability to seek grants and funds through federal and state agencies. Mr. Johnson stated that this is not in opposition of water; water is clearly needed and the Town has been working on it. As for funding issues, Mr. Johnson has personally spoken to our State Representative with respect to utilizing state funds to begin this agency. Finally, discussions regarding a Re-development Agency, the statutes and proposed ordinance have been on the Town Council agenda at least three (3) times. It has been available for public comment and has been posted on the town website as well. With that being said, Mr. Johnson moved to adopt the formation of a Re-development Agency Ordinance as outlined. Mr. Minnick seconded the motion. Discussion followed. Mr. Dostaler commented that this agency could indeed revitalize the Village Center. Currently there is no mechanism for this and it desperately needs to be addressed. He added that there is over
50 years of contamination. Both water and redevelopment is needed. This agency could transform Brownfield areas and create a destination place for builders as well as offset taxes. Ms. Engel stated that the goal of this agency is probably well intentioned; however, it enables too much power and perhaps corruption. She recommended forming a sub-committee to give townspeople an opportunity to educate themselves in an effort to not feel threatened. She also commented on the fear of federal and state funding which usually comes with mandates that the town cannot fulfill down the road. She stated that members should not be appointed but elected. Ms. Engel was not comfortable and indicated that she is against this ordinance at this juncture. Mr. Johnson reiterated that this agency has no more authority than the Town Council. A Redevelopment Agency does not exceed any authority; it merely has the ability to come to this table with a plan for redevelopment. At that time, if passed by
Planning & Zoning and Housing Authority it has to be approved by the Town Council. In his opinion, eminent domain is a non-issue as he explained earlier. The intent is not to alter property rights. The Council can turn down state and federal funds if they do not like the conditions. He added that currently, the Town Council makes very important appointments. This should be no exception. Mr. Johnson stated that there is no other agency or vehicle to do that we want to do. No other way to move forward. Planning & Zoning is not an implementing agency. With no further discussion, the motion carried (4-3, Yes votes: Mr. Johnson, Mr. Dostaler, Chairperson Walck and Mr. Minnick. No votes: Mr. Devine, Ms. Engel and Mr. Berlin).
At 7:39 pm Chairperson Walck called a five (5) minute recess.
The Town Council Regular Meeting resumed at 7:46 pm.
Communications and announcements
A. Water Workshop, April 25, 2007: Chairperson Walck read a notice into the record announcing and cordially inviting all to a water workshop on 4/25/2007 at 6:30-8:30 pm at the East Hampton Middle School Media Center.
B. Resignation letter of Peter Walsh - Middle Haddam Historic District Chairman: Chairperson Walck read a letter into the record from Mr. Peter Walsh in which he resigned as Chairman of the Middle Haddam Historic District Commission. (Resignation letter may be viewed in the Town Clerk's Office).
C. Communication from Town Manager regarding Council appointments: Chairperson Walck read into the record a letter, dated 3/16/2005, regarding Council Appointments.
D. Board of Finance Budget Deliberations - Chairperson Walck read a notice into the record announcing and cordially inviting all to Board of Finance Deliberations scheduled for April 11, 2007 at the Library Community Center.
E. Town Council Special Budget Meeting: Chairperson Walck announced and cordially invited all to a Town Council Special Meeting on the proposed budget on April 17, 2007 at 6:30 pm. Location will be announced at a later date.
Reports of Committees and Commissions
A. Inter-Board Liaisons
Ted Hintz, Chairman of the Board of Finance, announced that the BOF will vote upon the proposed budget at their meeting tomorrow evening. He will present the proposed budget to the Town Council at the special meeting next Tuesday, 4/17/2007.
Mr. Minnick began by addressing bullying behavior. He stated that he is a teacher and there is an act concerning bullying behavior in schools. State law mandates that every school have a zero tolerance policy for bullying. He read the definition of bullying. Mr. Minnick recommended applying the same standards for adults. He stated personally, he would not tolerate bullying behavior i.e. verbal, written or emails in a public or private arena. He added that if it comes to his attention, he would bring it before this Council and vote to have an individual removed for cause for bullying a fellow commissioner.
B. Sub-committee recommendations for appointments:
· Middle Haddam Historic District Commission: Mr. Minnick stated that there is currently a full member vacancy. Recently, the MHHDC voted unanimously to appoint Mr. Walsh, who is an alternate, as Chairman of the Commission. With Mr. Walsh’s resignation of chairman, this evening due to the legalities of concerns of an alternate member becoming chair, Mr. Minnick thought that it was apparent, obvious and appropriate and made a motion to appoint Mr. Walsh as a full member with an expiration date of 12/2011. Mr. Dostaler seconded the motion. Discussion followed regarding other interested candidates. (Mr. Peterson and Mr. Krupa). Mr. Minnick confirmed that Mr. Peterson was
asked on several occasions if he was interested in reapplying. He did not submit a response. Mr. Krupa, who is currently an alternate, did not express interest in becoming a full member. With that knowledge, the motion carried (7-0).
· Board of Fire Commissioners: Mr. Minnick explained that this appointment is due to the unfortunate and abrupt resignation of Mr. Oaks. He added that he interviewed Mr. Rich Dufour on 4/4/2007. He stated that Mr. Dufour’s main focus of concern is communication between the Commissioners and the Department. Mr. Dufour has knowledge of public safety, is a 30 year resident of town, he is assertive, friendly and can interpret budgets due to his work experience. Mr. Minnick acknowledged that Mr. Gotta was also a good candidate; just different priorities. Mr. Goff was another strong candidate. Mr. Johnson stated that the current Chairman of the Commission articulated support
and praise for the work and involvement that Mr. Gotta showed. There was also support from the public. Mr. Johnson explained that there is some concern from the public on the timeliness of appointments. He questioned if there was a need to make an appointment tonight, being that the Fire Commissioners do not meet until next month in an effort to re-interview Mr. Gotta. Mr. Dostaler stated that Mr. Gotta was interviewed in December 2006. Mr. Minnick added that priorities have not changed since that time. Mr. Dostaler explained that every application leads to an interview. He spends a minimum of ½ hour with each candidate, which includes completion of a questionnaire, discussion of town issues and commission priorities, duties and responsibilities. Appointments do take time. This town would not run without the volunteers appointed to these committees. They are very much appreciated. Board members are not entitled to serve on these committees with unlimited terms. He added that
by bringing in new volunteers it gives all interested an opportunity to serve. At this time Mr. Minnick made a motion, which was seconded by Mr. Dostaler, to appoint Mr. Dufour to the Board of Fire Commissioners with a term expiration date of 12/2009. Motion carried (4-3, Yes votes: Mr. Berlin, Chairperson Walck, Mr. Dostaler and Mr. Minnick. No votes: Mr. Devine, Ms. Engel and Mr. Johnson).
· Lake Pocotopaug Committee: Mr. Dostaler stated that he interviewed Mr. James Smith with respect to the Lake Commission. Mr. Smith is a mechanical engineer and a resident of town since 1999. Mr. Dostaler found him to have people skills and dedication. With that being said, Mr. Dostaler made a motion that was seconded by Mr. Minnick to appoint James Smith to the Lake Pocotopaug Commission with and expiration term of 2008. So voted (7-0).
· Planning & Zoning Commission: Mr. Dostaler stated that he interviewed Doug Bonoff who is a land surveyor and environmental scientist. Mr. Dostaler made a motion, which was seconded by Mr. Minnick, to appoint Mr. Bonoff to the alternate seat on the Planning & Zoning Commission. The motion carried (5-2, Yes votes: Mr. Berlin, Mr. Dostaler, Chairperson Walck, Mr. Johnson and Mr. Minnick. No votes: Mr. Devine and Ms. Engel).
· Ethics Committee: Mr. Dostaler stated that he is waiting on the return of one more acknowledgment form. Appointments will be made in May. As directed, Mr. Bergren will contact the pending complainants to make them aware of this status.
· Technology Committee: Mr. Dostaler stated that interviews are being conducted and appointments will be made as soon as possible.
Report of Town Manager
A. WEO Status: Mr. Bergren read a WEO report that was submitted by James Carey, Administrator of Planning and Zoning & Building. The report covered activities at Skinner Street (cleanup); Sinco Place (alleged work affecting wetland); Christopher Brook (brown water in brook) and Skyline Estates (small discharge to brook).
B. Knowles Landing (2): Mr. Bergren read his report which touched on a proposed active adult community development off of South Main Street with a community water system. The developer will rename the development/street due to a potential confusion with Knowles Landing in Middle Haddam.
C. Lyman Viaduct Repairs: Mr. Bergren read his report, which explained that a field meeting was held on 3/27/07 with DEP. The swimming area at the bottom of the Viaduct, that people access by walking down the slope from the top causing erosion, is still trying to be resolved. A memo from Public Utilities Administrator Vincent Susco regarding same was also read.
D. Complete list of fees/fines: Mr. Bergren read his report, which explained that all fines are usually governed by state statute under which the particular local ordinance was adopted pursuant to state law. Included in this evening’s material was a memorandum and attachments in respect to all ordinances with fines and fees. Mr. Bergren will make a condensed master list for the Council. He did point out that the Health District is in the process of considering a district-wide housing code applicable to all five-member towns. He recommended no action or updates on the housing code fines or fees be considered at this time. Mr. Bergren also noted that the Police Chief submitted a revised memo on ordinances pertaining to his agency.
E. Status of 13 Watrous Street Eviction: Mr. Bergren read his report, which stated that the sub tenant has been evicted with the assistance of the state marshal. Some material, junk, scrap metal, etc., was left behind and will be disposed of appropriately.
F. Other: Mr. Bergren acknowledged the following reports/memorandums:
(1). Zoning Enforcement Officer activities for the month of March.
(2). An activity report from the Chief of Police for the month of March;
(3) memo explaining that the maximum capacity of the Eaton E. Smith Meeting Room has been reduced to 49 due to the temporary closure of the exit door, which is due to the retaining wall project. Mr. Bergren added that the project began today and is expected to be complete in 20 days barring any unforeseen issues.
Public Remarks
Dave Terry, Chairman of the Brownfield’s Sub-committee, commented on the items left at 13 Watrous Street. He urged reviewing the existing lease. Federal funds could be jeopardized. Mr. Bergren will follow up on this matter with the town attorney.
Ted Hintz, Chairman of the Board of Finance, questioned appointment practices with respect to the MHHDC. He commented that the last appointment made was a candidate outside the membership. He also questioned if the alternate position will be filled. Mr. Minnick clarified that the best candidate is appointed and the alternate vacancy will be filled.
Hunt Voelker, member of the Fire Department, questioned the alleged lack of communication between the Commissioners and the Department. He also questioned why a letter that he previously read at a Council meeting was not included in those minutes.
Peter Walsh, of the MHHDC, read a letter in which he resigned from the full member status that he was appointed to earlier this evening. (His resignation letter may be viewed in the Town Clerk’s Office).
Margaret Faber, of the MHHDC, read a letter in which she resigned from the Middle Haddam Historic District Commission. (A copy of her letter may be viewed in the Town Clerk’s Office).
Angela Sarahina, of the MHHDC, began playing a cassette of the MHHDC 5/17/2006 meeting where Ms. Faber was elected vice chair/clerk. The consensus of the Council was to have the cassette transcribed and presented to the Town Council in that fashion. Ms. Sarahina submitted the actual cassette for review. It was also pointed out that a transcript of the official recording of the 5/17/2006 Middle Haddam Historic District Commission Regular Meeting is attached to Ms. Faber’s letter of resignation.
Mr. Newcafar, of Colchester Avenue, questioned what power the Redevelopment Agency will have with working with residents in respect to forcing EPA assessments on property owners. Mr. Johnson replied that he did not believe that the agency has that authority. The resident questioned if property owners will be held responsible if environmental tests prove positive. Mr. Johnson stated that property owners would be liable.
Kim Fontaine commented on the “Transfer Act” which absolves the selling party of any contaminates on property.
Mary Ann Dostaler, Chair of the Economic Development Commission, commended the Town Council in bringing forward redevelopment work.
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.
· Mr. Dostaler: Attended ZBA Meeting. He also attended a Board of Finance Meeting where there was discussion on the proposed budget.
· Chairperson Walck: Attended a Planning & Zoning Meeting.
· Mr. Johnson: Attended a Board of Fire Commissioners Meeting on 4/9/07 where there were discussions on the proposed budget impact, specifically capital items.
· Mr. Minnick: Reported that both the Parks & Recreation and Board of Education meetings were cancelled; therefore he had nothing to report at this meeting.
Bids and contracts None at this meeting.
Financial transactions None at this meeting.
Tax refunds
Ms. Engel, seconded by Mr. Devine, made a motion, to approve tax refunds in the amount of $51.00 as recommended by the Collector of Revenue. All members in favor. So voted. (7-0).
New business
A. Tax incentives for blighted properties: Chairperson Walck acknowledged information submitted by Mr. Ralph Nesci at the last meeting and instructed Mr. Bergren to follow up on same and to put on the next agenda. Mr. Johnson added that in connection with this, also work with the EDC chair, to see what other grants might be applicable.
B. Consider, discuss and take possible action on approval of Tighe & Bond, specifically as consultant for the implementation of a $200,000 EPC Cleanup Grant for 13 Watrous Street: A motion was made by Mr. Johnson, seconded by Mr. Devine, to appoint Tighe & Bond as consultants to the implementation of the $200,000 cleanup grant for 13 Watrous Street. All members in favor. So voted (7-0). Being that Dave Terry, Chairman of the Brownfield’s Sub-committee, had already left the meeting, the financial requests needed as part of the remediation program will be taken up at the Council Special Meeting on 4/17/2007.
Mr. Johnson requested that discussions on the ethics acknowledgement form (possible additions) be placed under “Old Business” on the next regular agenda.
Old business
A. Consider, discuss and take possible action on formation of Redevelopment Agency Ordinance: This item was previously moved and addressed earlier this evening.
Public remarks
· Ted Hintz, Chairman of the Board of Finance, requested an email be sent to him when the Brownfield’s remediation program financial obligations are approved.
· Mr. Johnson relayed concerns from the Board of Fire Commissioners regarding capital needs, in particular the suggestion of used vehicles as opposed to new.
· Hunt Voelker commented on the alleged lack of communication with the Fire Commissioner and the Fire Department. He added that all meetings are open to the public as well as all three (3) chiefs, two (2) captains and six (6) lieutenants. He did not understand where the lack of communication exists.
· Kim Fontaine respectfully requested that the Council review the current lease on 13 Watrous Street claiming there may be a cause to break the lease.
· Mr. Johnson requested an update on the status of the lease at the next meeting.
· Barbara Angelico voiced her concern over, in her opinion, the deplorable activities that occurred in Middle Haddam with respect to the Commission, the illegal votes and untrue allegations.
Reserved None at this meeting
Adjournment
There being no further business to discuss, a motion was made by Ms. Engel, seconded by Mr. Dostaler, to adjourn at 9:23 pm. So voted (7-0).
Respectfully submitted,
Lisa Seymour Recording secretary
Motion from the April 10, 2007 Regular Town Council Meeting:
1. Motion by Ms. Engel, seconded by Mr. Devine, to move item 14A, Consider, discuss and take possible action on formation of Redevelopment Agency Ordinance, under 3C due to the fact that the audience included citizens that participated in the Public Hearing for same earlier this evening. All members in favor. So voted (7-0).
2. Motion by Ms. Engel, seconded by Mr. Berlin, to approve the minutes of the 3/12/2007 meeting as written. All members in favor. So voted. (7-0).
3. Mr. Dostaler, seconded by Mr. Minnick, made a motion to approve the minutes of the 3/27/2007 meeting as written. So voted. (6-0-1, Mr. Berlin abstained due to his late arrival of that meeting).
4. Mr. Johnson moved to add to 13B, Consider, discuss, and take possible action of Tighe & Bond approved consultants and recommended by EDC. Seconded by Mr. Devine. Motion carried (7-0).
5. Motion made by Mr. Johnson, seconded by Mr. Minnick, to adopt an ordinance establishing a Redevelopment Agency. Motion carried. (4-3). Yes votes-Mr. Dostaler, Mr. Johnson, Chairperson Walck and Mr. Minnick. No votes-Mr. Devine, Ms. Engel and Mr. Berlin.
6. Motion made by Mr. Minnick, seconded by Mr. Dostaler, to appoint Peter Walsh to a full member of the Middle Haddam Historic District Commission. So voted. (7-0).
7. Motion made by Mr. Minnick, seconded by Mr. Berlin, to appoint Rich Dufour a member of Board of Fire Commissioners with an expiration date of 11/2009. Motion carried. (4-3). Yes votes: Mr. Minnick, Mr. Dostaler, Chairperson Walck and Mr. Berlin. No votes: Mr. Devine, Ms. Engel and Mr. Johnson.
8. Motion by Mr. Dostaler, seconded by Mr. Minnick, to appoint James Smith to Lake Commission with expiration date of 2008. So voted (7-0).
9. Motion by Mr. Dostaler, seconded by Mr. Minnick, to appoint Doug Bonoff as an alternate member of Planning & Zoning with a term expiration of 2010. Motion carried. (5-2). Yes votes: Mr. Minnick, Mr. Dostaler, Chairperson Walck and Mr. Berlin. No votes: Mr. Devine and Ms. Engel.
10. Motion made by Ms. Engel, seconded by Mr. Devine, to approve tax refunds in the amount of $51.00 as recommended by Tax Collector. So voted (7-0).
11. Motion made by Mr. Johnson, seconded by Mr. Devine, to approve Tighe & Bond as consultants for cleanup grant at 13 Watrous Street as recommended by EDC and Brownfield’s sub-committee. So voted (7-0).
12. Motion by Ms. Engel, seconded by Mr. Dostaler, to adjourn at 9:23 pm. So voted (7-0).
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East Hampton Town Council Special Meeting Minutes
Tuesday, April 17, 2007, 6:30 p.m.
Eaton E. Smith Meeting Room-Town Hall
Present: Chairperson Alison Walck, Vice Chair Derek Johnson and members William Devine, Robert Berlin, Kyle Dostaler and Scott Minnick. Melissa Engel was not present for she had a previous obligation. Also present were 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
Chairperson Walck called the Special Meeting to order at 6:30 PM.
Consider, discuss and take possible action upon 2007-2008 recommended budget:
Chairman of the Board of Finance, Ted Hintz, presented the Council with the 2007-2008 recommended budget, in the amount of $35,154,502, as approved by the Board of Finance at their 4/11/2007 meeting. Mr. Hintz highlighted several areas of interest which were brought up at the Town Meeting. They included reductions in legal fees, the Economic Development Director position, police patrol and, animal control officer. The overall reductions from the Town Manager’s recommendation were $789,359.00, which was comprised of $300,000 from the Board of Education’s proposed budget and a total of $489,359 from the general government budget. Mr. Hintz explained that this budget represents a 5.21% increase over last year, which he and his Board thought was fair and equitable to all departments, as well as taxpayers.
All Council members were in favor of forwarding this budget to the voters.
Mr. Dostaler thanked all involved in the budget process. He stated that the format and consistency was well done with easy to read narratives. He added that although he does not necessarily support the process by which the Board of Finance arrived at this budget, but believes that the Town Council needs to support it and forward it on to the taxpayers for this budget has already been cut back to a point where quality, efficiency and the capacity of the town to deliver essential services is on the edge. To reject it would only lead to additional cuts that would further compromise the ability of the town to meet their responsibilities to residents. He stated that a united front is also needed and communication a must.
Chairperson Walck acknowledged the difficult process that the Board of Finance endured. She commended them for their time and effort and agreed that this is a budget that the Town could live with and support.
In her absence, Ms. Engel submitted a letter which was read into the record by Mr. Johnson. The letter supported the recommended budget. It stated that she thought it was a fair compromise to the Town Manager’s proposed budget and the financial restraints of our community. She encouraged sending it to the voters.
Mr. Johnson echoed the comments before him. He stated that the budget recognizes our constraints and burden on our taxpayers and improves allocations for things that matter.
Mr. Minnick agreed that there is a compromise but thought that a lot has been removed. He voiced his concern over open space funding and the full time Economic Development Director. He added that this budget may address short term concerns; however, long term needs of this community have not been addressed. He did agree to forward the recommended budget to the voters.
At this time Mr. Minnick moved to accept the proposed fiscal year 2007-2008 budget as recommended by the Board of Finance. He amended his motion to include that it be sent to a town meeting on April 30, 2007. Mr. Berlin seconded the motion. All members present in favor. So voted (6-0).
Consider discuss and take possible action upon $200,000 EPA Cleanup Grant requirements, financial obligations appropriation: (1) $1,500 filing fee for a Form 1 environmental site assessment; (2) $3,000 filing fee for conduct and submittal of environmental condition assessment form; and (3) 20% in-kind cost sharing:
Mr. Bergren reported that at their regular meeting on 4/16/2007, the Board of Finance recommended the appropriation of the town’s 20% match toward the Brownfield’s cleanup grant. He also confirmed that the $1,500 filing fee for a Form 1 environmental site assessment and the $3,000 filing fee for conduct and submittal of an environmental condition assessment form can be included in the 20% match. Mr. Johnson moved to approve $40,000 which represents 20% of the $200,000 EPA Cleanup Grant requirements as approved by the Board of Finance and recommended by the Town Manager. The motion was seconded by Mr. Devine. All members present in favor. So voted. (6-0).
Volunteer Appreciation Week Proclamation
Chairperson Walck read into the record a proclamation recognizing and honoring all volunteers and proclaiming April 15 through April 21, 2007 as National Volunteer Week in East Hampton. It was the consensus of the Board to acknowledge and approve National Volunteer Week.
Adjournment
There being no further business to discuss, a motion was made by Mr. Devine, seconded by Mr. Berlin, to adjourn at 6:48 pm. All members in favor. (6-0).
Respectfully submitted,
Lisa Seymour Recording secretary
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East Hampton Town Council Special Meeting Minutes
Thursday, April 19, 2007, 6:30 p.m.
Library - Annex Room
AGENDA ITEM #1 - CALL TO ORDER
Town Council, Chairperson, Alison H. Walck called the meeting to order at 6:32 p.m. Other council members present were Vice Chairman Derek M. Johnson, Robert J. Berlin, Scott A. Minnick, and Kyle R. Dostaler.
Town Council members absent: Melissa H. Engel, and William G. Devine.
AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION, COUNCIL CONFERENCE WITH ATTORNEY
Mr. Dostaler made a motion to enter into Executive Session with respect to Agenda Item 2 at 6:33 p.m. Mr. Berlin Seconded. So Voted 5-0.
The Council came out of Executive Session at 7:19 p.m.
AGENDA ITEM # 3 - ADJOURNMENT
The meeting adjourned at 7:20 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 Public Hearing
Tuesday, April 24, 2007, 6 p.m.
Eaton E. Smith Meeting Room – Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Kyle Dostaler, Robert Berlin, Scott Minnick and William Devine (arrived at 6:12 p.m.). Absent member was Melissa Engel who had another obligation. Also present was Town Manager Alan Bergren and residents.
Chairman Walck stated that the purpose of the public hearing is to hear comments regarding the consideration of changes recommended by the Middle Haddam Historic District Commission to their ordinance draft. She added that due to the fact that there is a lot of information to review and commentary to be heard, this matter would be continued to the next scheduled Town Council meeting in May.
· Mr. Royster addressed the Council regarding several clarifications, errors and inconsistencies in the draft ordinance. Some were minor, such as grammatical, while others questioned consistency with respect to state statute. (Mr. Royster submitted his notes regarding his concerns).
· Mr. Breece stated that he was on the Commission in 1976 when the original ordinance was formulated. He explained that professionals did the inventory of significant historical buildings, which include approximately 60 dwellings. He was adamant about keeping the inventory list in the ordinance noting that it provides a certain amount of protection to homes that are on this list, as well as, listed on the state and national registries.
· Mr. Royster explained that the properties on the inventory list indicate the description on the architecture, the era and commentary if modified. Not listing may suggest that those are the only properties that count. Also, the intent is not meant to freeze or unable any modifications.
· Barbara Angelico commented that she owns two homes included in the inventory registry that are both listed incorrectly; therefore, she should not be held to the standards dictated.
· Mr. Breece stated that it would only a take meeting to correct errors on the inventory list.
· Mr. Faber suggested a middle of the road approach. Manage as an entity. Older buildings are more significant and should be acknowledged, recognized and celebrated as such.
The public hearing closed at 6:32 p.m.
By order of the Chair, with the consent of the Council, the Public Hearing is continued to the Council’s next meeting on May 8th.
Respectfully submitted,
Lisa Seymour Recording secretary
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East Hampton Town Council Meeting Minutes
Tuesday, April 24, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members William Devine, Robert Berlin, Kyle Dostaler and Scott Minnick. Absent member was Melissa Engel, who had a prior obligation.
Also present was Town Manager Alan Bergren, 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 6:33 PM. All stood to recite the Pledge of Allegiance.
Approval of the minutes
A. 4/10/2007 Regular Meeting: With a correction to the spelling of Dale and Linda Ursin’s last name, a motion was made by Mr. Devine, seconded by Mr. Berlin, to approve the minutes of the 4/10/2007 regular meeting as written. Motion carried. (5-0-1. Mr. Johnson abstained).
B. 4/17/2007 Special Meeting: A motion was made by Mr. Berlin, seconded by Mr. Devine, to approve the minutes of the 4/17/2007 special meeting as written. Motion carried. (5-0-1. Mr. Johnson abstained).
C. 4/19/2007 Special Meeting: A motion was made by Mr. Dostaler, seconded by Mr. Berlin, to approve the minutes of the 4/19/2007 special meeting as written. A short discussion ensued. Mr. Devine questioned the purpose of that meeting. He stated that all are aware that he is not available on Thursday’s, however, the meeting was held anyway. He requested information regarding the meeting at which time Mr. Dostaler reminded him that it was an executive session and no information was available and could not be discussed in a public forum. Chairperson Walck stated that she would update Mr. Devine after this meeting. With that being said the motion carried. (5-0-1. Mr. Devine abstained).
D. 1/10/2007 Town Council/WPCA Special Meeting, Water system workshop: A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to approve the minutes of the 1/10/2007 special meeting as written. Motion carried. (6-0).
E. 1/17/2007 Town Council/WPCA Special Meeting, Water system workshop: A motion was made by Mr. Johnson, seconded by Mr. Devine, to approve the minutes of the 1/17/2007 special meeting as written. Motion carried. (6-0).
F. 3/12/2007 Town Council/WPCA Special Meeting, Water system workshop: A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to approve the minutes of the 3/12/2007 special meeting as written. Motion carried. (6-0).
Report of Town Manager
A. Security and status of 13 Watrous Street: Mr. Bergren read his report, which stated that an inspection of the property was performed today. The building is being kept locked and the tenant indicated that he intends to install fencing. The sub-tenant removed 90% of the materials; however, noted on the property is one 55 gallon saddle tank containing approximately 20 gallons of virgin diesel; one 5 gallon tank of mineral spirits; one 55 gallon drum containing approximately 50 gallons of oil; and one 250 gallon above ground storage tank containing approximately 100 gallons of oil. Samples were collected from the waste oil drum and the above ground storage tank. Partial results have been received and are waiting for the remaining results. The lease is being reviewed and legal counsel will present options.
B. List of fees/fines from all departments: Mr. Bergren pointed out that a draft master list of fees is included in this evening’s packet for review. He added that when complete the list will be kept in one location in an effort to keep track and review on a regular basis. Mr. Bergren further explained that the Council might adjust fees; however, fines tie into state statutes. Mr. Minnick requested a listing, if possible, of jurisdiction and a column for state and/or town mandated. Several members had questions on specific fees that will be looked into.
C. Annual report update: Mr. Bergren noted that the annual report is in the last stages of completion. When complete, it will be put online and copies will be printed and made available at town locations such as the Town Hall, libraries, senior center, etc.
D. Update on budget: Mr. Bergren read his report which explained that the town meeting to set the date for the budget referendum is 4/30/2007. The proposed referendum will be 5/8/2007. Signs will go up following the town meeting reminding voters of the referendum date.
E. Rocky Hill Business Grant: Mr. Bergren read his report in which he explained that Rocky Hill has a grant program for façade improvements along the Silas Deane Highway. It is funded by STEAP grants. Once the work is complete, the town rebates the grant amount. He added that Wethersfield has a similar program; however, it is loaned money.
F. Boards and Commission attendance: Mr. Bergren acknowledged an article regarding board attendance, which indicated that East Hampton had the best attendance record in the county. He added that this is reflective of our dedicated volunteers and the fact that East Hampton has an effective attendance policy currently in place.
G. Power outages: Mr. Bergren read his report, which outlined power outages during the storms earlier this month. 900 customers out of approximately 5800 were without power. He explained that CL&P has a tree-trimming program, which is probably what attributed to less outages than in the past.
H. Other: Mr. Bergren reported that items discussed at recent staff meetings include increase of employee health insurance premium shares over the next 5 years, an online book store through the Library, certification of treatment plant operators, tax collection rates, eviction numbers, and online auction site for municipalities and status of repairs at town hall. Mr. Bergren also pointed out that included in their packets is an expenditure and revenue report provided by the Finance Director.
Mr. Johnson questioned the mechanism currently in place making the town and its departments aware of available grants, loans, etc. Mr. Bergren explained that DEDC is the main point of contact for many targeted municipal grants. He reviewed a program currently in place, the Community Development Loan Program, which was set up in the 1970’s as a loan program, with low interest rates, to upgrade homes. It is a revolving program so that when funds are paid back, they are re-lent to other residents who qualify. It is based on need and income levels.
When eviction numbers were questioned, Mr. Bergren did not have the actual number; however, he confirmed that they are on the rise per his conversation with the Social Services Coordinator.
Mr. Devine expressed his concern over legal fees and expenditures of same.
Public remarks
Jane Christopher submitted a letter regarding the condition of Christopher Pond due to enormous amounts of muddy water that poured into it. It caused the pond to overflow its banks, flooding the small brook and flooding the property at 71 North Main Street, then continuing across to North Main Street and onto the lake. Mrs. Christopher also submitted photos of same. She asked that the source of mud and muddy water stop immediately. Mr. Berlin questioned who enforces the actions at developments. Mr. Bergren explained that the Wetlands Commission is the enforcement authority if the development is in a wetlands area such as this. He also stated the he witnessed a breach and brown water being released to the brook on Clark Hill. Mr. Berlin wants a more pro-active approach; not address the situation after the
fact. Mr. Bergren explained that 3rd party reports and inspections are in place to monitor erosion control. The engineers and our limnologist were promptly notified, and are trying to determine what failed and why. Either faulty measures or the large of amount of rain exceeding the standards may be cited. Best management practices are required. They will be reviewed by ENSR. The engineers will have to determine if standards are up to par. Perhaps standards will have to change. The party was notified of the breach. Remediation activities may also have to be applied. The information and materials submitted this evening will be turned over to the wetlands commission.
Dave Krotky urged communicating the results of the above matter in an effort to educate residents.
John Ciriello reported that he also went out to inspect the situation. He stated that there should be regulations in place for cleanup issues such as this, especially in the watershed area. It could start with regulations and as a last resort implement fines.
Ted Hintz voiced his concern over the appointments process, specifically the Ethics Commission. He recommended re-opening the application process. He also stated that the executive session meeting should have been moved to another time being that all members could not be present.
Bunny Simko asked if there is currently a vacancy on the Housing Authority. Mr. Dostaler confirmed there was. She also questioned if a response to Dave Simko’s letter would be forthcoming. Chairperson Walck answered that the correspondence dated March 2005, read at the last Council meeting, was in response to Mr. Simko’s letter. A copy will be forwarded to Mrs. Simko.
Everett Breece commented on accumulated sand on Knowles Road and Shad Row in Middle Haddam. He asked Mr. Bergren to contact Public Works for removal.
Peter Brown questioned where the funds allocated for a study of the Middle Haddam School was coming from due to the fact that the Town does not own the structure. He also asked if there was a lease agreement in effect.
Special presentations None at this meeting.
Liaison & agency reports
Mr. Devine - Nothing to report at this meeting.
Mr. Berlin - Nothing to report at this meeting.
Mr. Dostaler: Reported that ZBA cancelled their meeting due to a lack of applications. He attended the Middle Haddam Historic District Commission meeting where they discussed concerns regarding the draft ordinance. He attended a seminar regarding email and Freedom of Information concerns and a Board of Finance Meeting on 4/16/2007.
Chairperson Walck - Nothing to report at this meeting.
Mr. Johnson read a letter into the record from the Chairman of the Board of Fire Commissioners regarding support for a 2007 FEMA grant. If awarded, a 5% cost share is required. ($3,500.00). Mr. Johnson moved to amend the agenda, to add under 13A, Consider, discuss and take possible action on support for a 2007 FEMA grant application as requested by the Fire Commission. Mr. Berlin seconded the motion. So voted. (6-0).
Mr. Minnick - Nothing to report at this meeting.
Reports of Committees & Commissions
A. Inter-Board Liaisons:
Ted Hintz, Chairman of the Board of Finance, reported that at their last meeting they discussed the grant cost share request from the Board of Fire Commissioners.
Mr. Johnson commented that there should be a way of knowing, for planning purposes, when grants with cost shares will be requested. Mr. Bergren offered to work on implementing a procedure that could assist in the planning of these kinds of funds for budgeting purposes, as well as in an effort to keep the Council apprised of what is anticipated down the road. Currently all grants come before him for his signature.
B. Appointments to Ethics Commission: Mr. Dostaler reviewed the Ethics Commission ordinance adopted in August 2006. He added that applications came in slowly. Ten (10) were received. Interviews conducted; however, two (2) withdrew for various reasons. The eight (8) remaining candidates have signed and returned the acknowledgment form. At this time the following actions were taken:
Mr. Dostaler moved to appoint LeRoy Lawson to a four (4) year term to the Ethics Commission. Motion seconded by Mr. Minnick. All members in favor. So voted. (6-0).
Mr. Dostaler moved to appoint James Scroggins to a four (4) year term, on the Ethics Commission. Motion seconded by Mr. Minnick. All members in favor. So voted. (6-0).
Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint Mary Carter to a two (2) year term to the Ethics Commission. All members in favor. So voted (6-0).
Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint Angela Sarahina to a two (2) year term to the Ethics Commission. Discussion followed. Mr. Johnson had a concern. He commented that Ms. Sarahina has been very active in town and politics, which he appreciated and encourages; however, all members on this commission must take a non-partisan and non-political position. Mr. Devine read a letter of opposition into the record. In his letter, which was attached to copies of letters that Ms. Sarahina had previously written to the Rivereast Newspaper, he stated that Ms. Sarahina has demonstrated biases, which would not qualify her for appointment to the Ethics Commission. Mr. Dostaler stated that during her interview, as well as all interviews, he specifically asks about recusals and conflicts of
interest. In his opinion, Ms. Sarahina would recuse herself if necessary. The motion did not carry. 3-2-1. (Yes votes: Mr. Dostaler, Mr. Berlin and Mr. Minnick. No votes: Mr. Devine and Mr. Johnson. Abstentions: Chairperson Walck).
Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint David Gizewicz to a two (2) year term to the Ethics Commission. All members in favor. So voted. (6-0).
Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint Mila K. Smith to a two (2) year, alternate member, term to the Ethics Commission. Motion carried. (5-0-1. Mr. Berlin abstained).
Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint John McBrearty to a two (2) year, alternate member, term to the Ethics Commission. All members in favor. So voted. (6-0).
Communications and announcements
A. Water workshop: Chairperson Walck announced and invited all to a water workshop on April 25, 2007 at 6:30 pm at the East Hampton Middle School Media Center.
B. Earth day: Chairperson Walck announced that Earth Day will be held on May 5, 2007 at Sears Park at 12:00 until 4:00 pm. Flyers will be distributed.
C. Referendum on budget: Mr. Bergren announced that the Town Meeting on the proposed budget referendum will be on April 30, 2007 at the High School at 7:00 pm. The proposed referendum date is Tuesday, May 8, 2007 at the High School from 6:00 am until 8:00 pm.
D. Old Home Day Press Release: Chairperson Walck read into the record a press release regarding Old Home Day parade. The theme for 2007 is “The Wild, Wild West”.
Bids and contracts: None at this meeting.
Financial transactions:
A. Appropriation - $75,000 – Town Hall Retaining Wall: A motion was made by Mr. Berlin, seconded by Mr. Devine, to approve an additional appropriation, from the fund balance, in the amount of $75,000 as recommended by the Board of Finance in connection with repairs to the retaining wall at Town Hall. This is an emergency repair. All members in favor. So voted. (6-0). Mr. Bergren noted that because the additional appropriation is in excess of $25,000 a Town Meeting must be held for final approval.
Tax refunds Mr. Devine, seconded by Mr. Berlin, made a motion, to approve tax refunds, in the amount of $2,125.77, as recommended by the Collector of Revenue. All members in favor. So voted. (6-0).
Resolutions/ordinances/proclamations:
None at this meeting.
New Business:
A. Consider, discuss, and take possible action on FEMA grant cost share request from the Fire Commission: Mr. Johnson reported that on 5/4/2007 the fire department will be submitting a 2007 FEMA grant application. They will be seeking $70,000. $38,000 for computer hardware and $32,000 for on-line training software and DVD’s. He explained that should this grant be awarded, the Town would be required to provide 5% or $3,500. With that being said, Mr. Johnson, which was seconded by Mr. Minnick, made a motion, to support the application as outlined in the memo dated 4/24/2007 by Chairman Simko. All members in favor. So voted. (6-0).
Old business:
A. Consider, discuss and take possible action on amendment to Ethics Commission acknowledgment form: Mr. Johnson distributed recommended language to the Ethics Commission acknowledgment form. It read “I further acknowledge that as part of my application I shall disclose all communications of any kind or nature with any Town Official or Town employee relating to Town’s regulatory statutory activities involving any financial or business interest of the applicant and/or his immediate family that has a monetary value of not less than $250.00 (or is intended to generate a financial gain of not less than $250.00) in any calendar year and is not common to the citizens of the Town”. Mr. Johnson added that it is critically important to put this language into the application itself or disclosure material
and could be a template for any board or commission. At this time Mr. Johnson moved to approve an amendment to the Ethics acknowledgment form to include the above language. Mr. Minnick seconded the motion. All members in favor. So voted. (6-0).
Public remarks:
Patience Anderson questioned if the Council has the authority to respond to disrespectful audience members and if so, why do they choose not to.
Reserved: In an effort to use this section as a vehicle to go back to comments in respect to concerns presented earlier this evening by some residents, Mr. Johnson made a motion, which was seconded by Mr. Dostaler, to amend the agenda, to add under 16A, consider, discuss and take possible action on control features of environmental regulations as it pertains to the lake watershed. The motion carried. (5-1. Mr. Devine was opposed).
A. Consider, discuss and take possible action on control features regarding environmental matters as it refers to the watershed area: Mr. Johnson recognized that this matter is not within Town Council jurisdiction or purview, but principally Inland/Wetlands and Lake Commission. He did however want to make sure that the Town Council is doing all that they can to make sure there is an appropriate and proper review of control features currently in place. A brief discussion followed on staff roles, jurisdiction, notification, and the impaired status of the lake, and fines because of such. Mr. Bergren will articulate what staff has been doing in respect to the matter in his Manager’s Report at the next meeting. Mr. Johnson made a motion, which was seconded by Mr. Devine, directing the Town Manager to report back
to this Town Council, within 60 days, apprising them of what processes are in place, what progresses have been made, what the Inland/Wetland Watercourse Agency and the Lake Commission are doing in respect to control features in a proactive way in an effort to follow up on concerns presented this evening, as well as, a report confirming that all town agencies are exercising all appropriate remedies in connection with the breach that occurred. All members in favor. So voted (6-0).
Adjournment: With no further business to discuss, Mr. Devine, seconded by Mr. Berlin, made a motion to adjourn at 8:30 p.m. So voted. (6-0).
Respectfully submitted,
Lisa Seymour Recording Secretary
***********************~
East Hampton Town Council/WPCA Workshop Special Meeting
Wednesday, April 25, 2007
Middle School Media Center
AGENDA ITEM #1 - CALL TO ORDER - Town Council Chairperson, Alison H. Walck called the Water System Workshop to order at 6:33 p.m. Other Town Council members present were: Kyle R. Dostaler and Scott A. Minnick. Also present were: Town Manager, Alan H. Bergren; Finance Director, Jeffrey M. Jylkka; Director of Health, Thad D. King; Public Utilities Administrator, Vincent F. Susco; representatives from various boards and commissions and several Town of East Hampton citizens.
AGENDA ITEM #2 – DISCUSSION ON WATER SYSTEM OPTIONS - Mr. Bergren introduced three documents that were distributed to all in attendance: Consent Order DWS-06-042-122 from the State of Connecticut Department of Public Health; Synopsis of the documented VOC contamination events in and near the East Hampton Village Center from the Chatham Health District; and Summary of Water System Proposal Costs prepared by Jeffrey Jylkka.
Mr. Bergren reviewed the Consent Order, which pertains to the Village Center Water System. The order cites three proximity violations and one yield violation.
Thad King reviewed the Synopsis of the documented VOC contamination events in and near the East Hampton Village Center. Each location that experienced contamination in past years and a map were reviewed as it relates to the Village Center. Mr. King fielded questions from various board and commission members.
Jeffrey Jylkka reviewed all proposals in the Summary of Water System Proposal Costs. The document summarizes the taxpayer costs for those served by the system and those not served by the system. Mr. Jylkka and Mr. Susco fielded questions related to the document.
Mr. Bergren invited each of the Boards and Commissions to give their comments on the development of the water system. Mr. Minnick asked that each Board or Commission give their official written comments in the very near future as a decision will be rendered on the water system by the Town Council at an upcoming meeting. Members that were present for the various Boards and Commission indicated they would be discussing this topic at their next meeting if they have not already discussed it and will provide their feedback to the Town Council. Several members provided their comments on the water system.
AGENDA ITEM #3 – PUBLIC REMARKS No remarks were given from the public audience.
AGENDA ITEM # 4 - ADJOURNMENT Mr. Minnick moved to adjourn the workshop at 8:00 p.m.
Respectfully submitted, Cathy L. Sirois, Recording Secretary
**********************
Town of East Hampton
Public Hearing
Middle Haddam Historic District Commission Ordinance
Tuesday, May 8, 2007, 6 p.m.
Eaton E. Smith Meeting Room – Town Hall
Minutes
Present: Chairperson Alison Walck and members Robert Berlin, Kyle Dostaler, Scott Minnick, William Devine (arrived at 6:20 pm) and Melissa Engel (arrived at 6:23 pm). Absent member was Derek Johnson who had another obligation. Also present was Town Manager Alan Bergren; members of boards and commissions and many public residents.
Chairperson Walck called the continuation of the public hearing in regards to changes recommended by the Middle Haddam Historic District Commission to the Middle Haddam Historic District draft ordinance to order at 6:00
At this time Chairperson Walck read a letter into the record from Ronald McCutcheon of Middle Haddam urging the Council to take into consideration the age and architectural details of the 60 antique houses that represent the period of significance of Middle Haddam. She then opened the meeting up to the public.
· Mr. Douglas Mackeown, of 47 Keighley Pond Road, read and submitted a letter, which stated that the inventory list of houses was not included in the legal notice neither published in 1977 nor included in the 1981 ordinance. The inventory list is, however, included in Chapter 211 of the town codification. Another item he commented on was the focus of dates of importance for houses. The active State Preservation Plan states that one of the more recent historical preservation challenges has been the evaluation and protection of significant examples of Modern residential architecture from the 1950’s and 1960’s. In fact, he stated that when he did some research, he
found that the preservation trust, in their first and only lawsuit, tried to save a 1972 house. Chairperson Walck questioned “Modern” as it pertains to the preservation plan; i.e. styles, era and/or uniqueness. Mr. Mackeown stated that Middle Haddam is unique in as much as it has a combination of old and new homes. He stated that the reason for the original inventory list was to get state preservation approval. At that time the list only included 100 year old homes. Now the National Registry recognizes houses from the 1960’s. He stated that it is a moving target. Mr. Mackeown did not recommend including a list of inventory stating that all of the houses in Middle Haddam need to be kept up and preserved, not only the older ones.
· Everett Breece, commented on the significance of the people who built and occupied the homes in the historical district and what they contributed to the town. He explained that many of the homes were built in 1841 by people who made their living in the shipyard. In or around 1878 the last boat was built; therefore, the industry fell out. There were no influx of homes being built; consequently a hole in architecture. He asked that the list be included for historical significance. He added that it has to do with maintaining the standards of the houses that are there and the reason why they are there by virtue of the people who put them there in the first place.
With no other comments to be heard, the public hearing closed at 6:24 pm.
Respectfully submitted,
Lisa Seymour Recording Secretary
***********************
East Hampton Town Council
Regular Meeting
Minutes
Tuesday, May 8, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck and members Robert Berlin, Kyle Dostaler, William Devine, Melissa Engel and Scott Minnick. Absent member was Derek Johnson who had another obligation. Also present was Town Manager Alan Bergren; members of various Boards and 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 pm. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
· Town Council Public Hearing, April 24, 2007: A motion was made by Kyle Dostaler, seconded by Scott Minnick, to approve the minutes of the April 24, 2007 Public Hearing as written. So voted. (5-0-1, Ms. Engel abstained).
· Town Council Regular Meeting, April 24, 2007: After a brief discussion on the appointment of Mr. McBrearty at the last meeting, it was the consensus that the minutes were accurate and a motion was made by Mr. Berlin, seconded by Mr. Dostaler, to approve the minutes of the April 24, 2007 minutes as written. So voted. (5-0-1, Ms. Engel abstained).
· Town Council/WPCA Workshop Special Meeting, April 25, 2007: A motion was made by Mr. Minnick, seconded by Mr. Dostaler, to approve the minutes of the Town Council/WPCA Workshop Special Meeting of April 25, 2007 as written. So voted (3-0-3, Abstentions: Mr. Devine, Ms. Engel and Mr. Berlin).
Report of Town Manager:
A. Christopher Brook Update: Mr. Bergren read his report in which he stated that the Inland / Wetlands Commission has been working on collecting information from staff, engineers, third party inspectors and our Lake Commission regarding the breach of the storm water on Clark Hill Road. Mr. Bergren confirmed that the information, including photos from Jane Christopher submitted at the last Council meeting have been forwarded to the Inland/Wetlands Commission. The Commission is carefully reviewing all information at this time. Mr. Bergren assured the Council that the investigation is ongoing and he will make sure that the Inland/Wetlands Commission has all the resources needed. He will keep the Council apprised of the situation.
B. Compilation of Commissions, Agencies and Boards remarks on the water system: Mr. Bergren read his report which explained that the WPCA and the Water Task Force continue to support scenario 5 also known as the full build or the original centralized waster system. The EDC originally indicated a preference for a minimum of scenario 3 to include fire protection for the village center. Mr. Bergren continued to explain that at a special meeting of the EDC they favored scenario 4.2 as being a fiscally better alternative. The Lake Commission has expressed that any system not encourage development within the watershed. The Board of Education will discuss the water system on May 14, 2007. He had distributed the water system reports from the last workshop to various commissions; however, he could not guarantee that all
parties will have responded by the 22nd.
C. Status of 13 Watrous Street fencing: Mr. Bergren read his report, which explained that he spoke with the tenant who agreed to fencing. He stated that the northern side of the property line is problematic due to the fact that there is a shared driveway.
D. Status of police patrol boat: Mr. Bergren read his report, which explained that the police boat is currently at Hilltop Marine being serviced. Patrol will begin on Memorial Day and continue through Labor Day. It will be moored at Sears Park. The sign up sheet for duty is up and patrol will be sporadic. The markers are anticipated to be installed before Memorial Day.
E. Police department monthly report: Mr. Bergren pointed out that the police department monthly report is attached for review.
F. Lyman Viaduct update: Mr. Bergren read a report from Public Utilities Administrator Vincent Susco in which it explained that the DEP has requested all repair options developed by our engineers even those that have been rejected by the town. The Town has indicated we will comply with this request however, should DEP request remediation beyond the scope of the legislation such costs will be borne by DEP. The report went on to explain that the Lyman viaduct is located on DOT property; it is the DEP that has the authority over its condition and ultimate repair. Work on the viaduct cannot begin until the DEP approves and signs off on the repair. The town’s recommendation was to lay down structural wiring and fill with stone over the damaged areas. Mr. Decker and Mr. Susco have suggested that DEP request
additional funding to allow for the closure of the attractive nuisance to prevent future foot traffic damage along the sides of the viaduct. The funding allotted to Colchester will not allow for the closure or removal of the swimming hole. The next meeting will be held after the DEP has reviewed all repair options.
G. ZEO/WEO Report: Mr. Bergren pointed out that a monthly report is included in this evening’s material, which lists a number of actions taken.
H. Other: Mr. Bergren reported that the online auction site for the old fire rescue is underway and the water tower grant has been approved.
Public Remarks:
· Mr. Everett Breece questioned if a vote regarding the Middle Haddam Historic District draft ordinance would be acted on tonight. He also jokingly commented that the viaduct was a nuisance in 1941 too.
· Mr. Ted Hintz, Board of Finance Chairman, submitted pages printed from a website which is associated with the Chairman of the Planning and Zoning Commission. He added that it is not an appropriate website for a Town Official.
Special Presentations: None at this meeting.
Liaison and 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.
· Mr. Dostaler: Reported that neither the Board of Finance nor Zoning Board of Appeals has met. He did attend a Middle Haddam Historic District Commission meeting on 5/1/2007 where 2 actions were taken and there was continued discussion of the bylaws.
· Chairperson Walck: Nothing to report at this meeting.
· Mr. Minnick: Reported that he attended a Parks & Recreation Meeting on 5/1/2007. Enrollment in programs has all increased. There have been emergency repairs to the wooden retaining walls at Sears Park due to the recent storms. Some of the cost may be covered by FEMA. Mr. Minnick reported that he informally spoke to the Director who informed him that they are in dire need of additional fields. He directed the Town Manager to put together a list of all currently owned town property that may be utilized for fields. He also reported on a huge sinkhole on the Airline Trail. He recommended that staff pursue the situation.
Reports of Committees & Commissions:
A. Inter-Board Liaisons: Mary Ann Dostaler, Chair of the Economic Development Commission, reported that it was the consensus of the Commission, at their meeting of the 26th, to provide an advisory opinion to the Town Council on the water system. She reported that the Brownfield’s Committee will provide a recommendation to the Council as well.
B. Appointments to Technology Committee and Ethics Commission:
Mr. Dostaler stated that the Town Council adopted a resolution forming a Town Technology Committee in February 2007. He moved to appoint the following candidates to same:
· Kathleen Anderson
· Michael Vasquenza
· Robert Ashton
· Arthur Conklin
· Sharon Kjellquist
Mr. Minnick seconded the motion. All members in favor. So voted. (6-0). Mr. Dostaler confirmed that all appointed have IT experience.
Ethics Commission:
Mr. Dostaler explained that at the 4/24/2007 meeting, Mr. McBrearty was appointed to a 2-year alternate term on the Ethics Commission when in fact it should have been a 4-year alternate appointment. With that correction, Mr. Dostaler moved to amend the previously adopted motion of a two-year alternate term on the Ethics Commission to a 4-year alternate term. Mr. Devine seconded the motion. So voted. (6-0). A letter correcting his term will be sent.
Mr. Dostaler, seconded by Mr. Minnick, made a motion to appoint Mr. Fuka to a 2-year term on the Ethics Commission. Mr. Dostaler confirmed that with this appointment, the membership would be complete. Mr. Bergren stated that he would get the Commission organized and forward the pending complaints to them for consideration. They will have the Town Attorney available at their organizational meeting and possibly at additional meetings for support. He added that the Ethics Commission might rely more on the Town Attorney than other Boards and Commissions due to the nature of their purview. So voted. (6-0).
Communications and Announcements:
Chairperson Walck announced that old telephone books could be brought to the Public Works Department for recycling.
Bids & Contracts:
None at this meeting.
Financial Transactions:
None at this meeting.
Tax Refunds:
Ms. Engel, seconded by Mr. Berlin, made a motion, to approve tax refunds in the amount of $381.08 as recommended by the Collector of Revenue. So voted. (6-0).
Resolutions / Ordinances / Proclamations:
None at this meeting.
New Business:
None at this time.
Old Business:
A. Discussion on Arts and Cultural Commission Draft Ordinance: This topic will be reintroduced at the next Town Council Meeting.
Public Remarks: None at this time.
Reserved: None at this meeting.
Adjournment: With no further business to discuss, Mr. Devine, seconded by Mr. Berlin, made a motion to adjourn at 7:10 pm.
Respectfully submitted,
Lisa Seymour Recording Secretary
*************************
~East Hampton Town Council
Special Meeting
Minutes
Tuesday, May 15, 2007, 5:30 p.m.
Middle School Media Center - Conference Room
AGENDA ITEM #1 - CALL TO ORDER
Town Council, Chairperson, Alison H. Walck called the meeting to order at 5:40 p.m. Other council members present were Vice Chairman Derek M. Johnson, Scott A. Minnick, Kyle R. Dostaler, Robert J. Berlin, Melissa H. Engel and William G. Devine.
Also present: Michael Herrington - Attorney with Murtha Culina
AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION, COUNCIL CONFERENCE WITH ATTORNEY
Mr. Devine made a motion to enter into Executive Session with respect to Agenda Item 2 at 5:40 p.m. Mr. Minnick seconded. So Voted 7-0.
The Council came out of Executive Session at 6:37 p.m.
AGENDA ITEM # 3 - ADJOURNMENT
The meeting adjourned at 6:37 p.m.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Cathy L. Sirois, Recording Secretary Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council
Regular Meeting
Minutes
Tuesday, May 22, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Robert Berlin, Kyle Dostaler, William Devine, and Scott Minnick. Absent member was Melissa Engel. Also present was Town Manager Alan Bergren; members of various Boards and 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 6:38 pm. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
· Town Council Public Hearing, Middle Haddam Historic District May 8, 2007: A motion was made by Mr. Dostaler, seconded by Mr. Minnick, to approve the minutes of the May 8, 2007 Public Hearing as written. So voted. (5-0-1, Mr. Johnson abstained).
· Town Council Regular Meeting, May 8, 2007: A motion was made by Mr. Berlin, seconded by Mr. Minnick, to approve the minutes of the May 8, 2007 minutes as written. So voted. (5-0-1, Mr. Johnson abstained).
· Town Council Special Meeting, Planned Executive Session, May 15, 2007: A motion was made by Mr. Johnson, seconded by Mr. Minnick, to approve the minutes of the Town Council Special Meeting, Planned Executive Session of May 15, 2007 as written. So voted (6-0).
Item to Be Added to Agenda
Mr. Bergren requested that an item be added to the agenda as item 12B, a resolution that is needed to grant Mr. Bergren permission to execute and deliver a contract with the Connecticut State Library for a Historic Documents Preservation Grant. A motion was made by Mr. Johnson, seconded by Mr. Berlin to approve the addition of the item to the agenda as item 12B. So voted (6-0).
Report of the Town Manager
A. Update on Fees and Fines: Mr. Bergren read his report which explained that now that Cathy Sirois has joined the staff he has assigned this special project to Karen Peterson who will complete all the research and verify all fines and fees with departments and put them in spreadsheet form. All town agencies will complete a review of their respective fees and will make recommendations for changes if necessary. With respect to the fines, that portion will be referred to legal counsel to determine if fines are all current and in conformance with state statute, or subject to local jurisdiction/adjustment. The project is expected to be completed by the end of June.
B. Christopher Brook Update: Mr. Bergren read his report in which he stated that no further deposition of material to the brook has been detected since the rain storm on Thursday, April 12th with the breach of the storm water controls from the development on Clark Hill Road. He has been in communication with Jane Christopher and Patricia Logan to see if any further problems were observed. None were reported. He has been in communication with the Vice Chair of the Inland/Wetlands Commission and will be meeting with him to review the status of their investigation. He will keep the Council apprised of the situation.
C. Lyman Viaduct Report: Mr. Bergren read his report which explained that there was no update regarding the Lyman Viaduct since his last report. With respect to the Rapallo Viaduct and the sinkhole, Matt Fritz, assistant to the DEP Commissioner informed us they had a crew assess the situation the week of May 7–11. It is scheduled for the May 25th Bond Commission for a $500,000 emergency appropriation. Mr. Bergren spoke with Mr. Fritz today and he arranged to have Mr. Eric Ott, their DEP engineer, call him directly to discuss the site and the steps they are taking. Mr. Ott spoke with Mr. Bergren today and indicated that he had been out to the site last Thursday and took pictures and is familiar with the situation. He is returning to the site this Thursday with a consultant and a possible contractor to discuss
and review a temporary repair and plans for a permanent repair. Mr. Bergren emphasized his concern, which was duly noted, of the catastrophic consequences that could result from not acting expeditiously. Mr. Ott will be in touch with Mr. Bergren after his meeting on Thursday. Mr. Bergren also noted that he has been in contact with Senator Eileen Daily to keep her updated on this situation.
D. Status of 13 Watrous Street fencing: Mr. Bergren read his report, which explained that he and the tenant have determined where the fencing will be located. Mr. Bergren walked the property with the tenant and the facilities manager. The town will have two gates installed on the property not affecting the shared driveway. The facilities manager is meeting with a contractor regarding the gates. The tenant has been instructed on where we want him to install the fence. Mr. Bergren is awaiting a phone call from the new property owner at 1 Watrous Street to inform him of the decision, which will not affect his access. Depending on the availability/schedule of the gate and the fence contractor we expect this project to be wrapped up shortly. Mr. Minnick asked about an additional oil drum that is still located on the
property. Mr. Bergren indicated he would check on this and have it removed.
E. Status of Demolition of Water Tower: Mr. Bergren read his report, which indicated that all grant papers have been signed and returned to the DECD. Before the project can begin the DECD must complete all the paperwork on their end, this may take 30 to 60 days. Our Facilities Manager will be investigating the availability of structural engineers to assist with the plans and specifications for demolition/removal.
F. Police Costs for Old Home Day: Mr. Bergren read his report, which explained that each year the Town covers the police costs for Old Home Day. This is absorbed into the police overtime budget. The Council has voted each year to cover the costs as a community contribution to the event. The Chief’s estimate of this cost is $5,000. Last year’s cost was approximately $4,500.
G. Senior Transportation Grant: Mr. Bergren read his report, which referenced an attachment that explained the grant. This is a grant with a local match to replace the senior bus.
Public Remarks:
1. Mr. John Ciriello, Childs Road, a member of the Lake Commission, noted that Christopher Brook should be referred to as Christopher Pond and Brook. He indicated that he visited the pond and noted that it has a great deal of silt. The deepest part of the pond is 42” deep. The pond used to be 8 feet deep. He feels the investigation should include the pond. The pond is not a retention pond but it acts like it. At some point the pond will fill in and will cause issues with the lake. Water comes through the pond and then the brook and goes to the lake. The pond should be dredged to avoid being filled in with silt. He feels the pond should be included in the investigation. It was agreed that the pond will be included.
2. Ms. Mary Ann Dostaler, 56 William Drive, Chairperson of the Economic Development Commission wanted to commend the Council with regard to the Rapallo Viaduct and the speed with which this issue was brought to the attention of the State. Is there an alternate plan if the Bond Commission does not meet on May 26th? Mr. Bergren mentioned that he has been in contact with Senator Eileen Daily regarding this matter. Ms. Dostaler asked if letters of support would be appropriate and helpful regarding the Bond Commission meeting and the Rapallo Viaduct situation. It was agreed letters would be helpful. Mr. Johnson moved that an item be added to the agenda as item 12C with regard to a resolution regarding the Rapallo Viaduct. Mr. Minnick seconded the motion. So voted (6-0).
Special Presentations:
1. Update on G.I.S. – Now that the budget has been approved, the next step will be to put together an RFP. A firm will need to be hired or as the Finance Director and Mr. Bergren have discussed, there is the possibility of working with Tighe and Bond who have made a proposal to the town.
2. Freedom of Information and Ethics: Mr. Bergren explained that the annual Freedom of Information and Ethics Seminar is being scheduled in June. The Town Attorney has been contacted to schedule a date, possibly a Thursday in June. Mr. Tom Hennick of FOI is also being contacted as he was included in the presentation last year. A seminar will be given during the day for the Town staff and an evening program for the Boards, Agencies and Commissions. The Council requested that the seminar take place on a day other than Thursday. Mr. Bergren indicated he will try to schedule on a more appropriate day.
Liaison and Agency Reports:
· Mr. Devine: Nothing to report at this meeting.
· Ms. Engel: Not present at this meeting.
· Mr. Berlin: Reported that he attended the Economic Development Commission meeting on Tuesday, May 15th . Two special presentations were discussed at this meeting. The Heidelberg Inn is being renovated into a bed and breakfast which will be renamed the Lakeview Inn. The other presentation was regarding the CVS in Belltown Square. There is an issue that the roofline of the CVS could impair the sight line of the Lakeview Inn. Also they discussed the water system scenarios, the EDC will recommend option 4.2.
· Mr. Dostaler: Reported that he attended the Board of Finance Meeting on Monday, May 21st. He reported that the Board of Finance appointed an Blum Shapiro as the auditor for 2006-2007. There was also discussion on the Fire Department budget concerns as they will be overspent. BOF Guidelines were continued to the next meeting. Guidelines and procedures regarding legal fees were also continued to the next meeting. Mr. Jylkka discussed bonding issues. It was questioned when the bond issues would be brought to a Town Meeting.
· Chairperson Walck: Reported that she attended the Conservation Commission Meeting on May 10th. The success of the Earth Day program was discussed. Land acquisition subcommittee was revitalized. They also discussed with the liaison of the Lake Commission, Mr. John Jordon, the solar units being installed in the lake on how they work to monitor the algae.
· Mr. Minnick: Reported that he attended the Board of Education Meeting on Monday, May 14th. With regard to the water system they will be recommending option 4.2 with the Route 16 properties included due to the contamination in that area. The CEA gave their annual report of cost per student. East Hampton ranked 168 out of 184 with the average price per student of $7,549 per student.
Reports of Committees & Commissions:
A. Inter-Board Liaisons:
Mary Ann Dostaler, Chairperson of the Economic Development Commission, reported that it was the consensus of the Commission to recommend option 4.2 for the water system. She also announced that on Wednesday, May 30th there will be a Business Meet and Greet at the Community Center from 5:30pm to 7:00pm. She encouraged all Council members to attend. The Streetscape Steering Committee will present the concept plan they have developed so far for the Phase I project.
Sharon Kjellquist, Vice Chairperson of the Board of Finance reported that the Board of Finance will recommend option 5 for the water system and with the understanding that the Middle School and Food Bag will be included.
Kay Willson, representing the Brownfields Steering Committee noted they are pleased with the fencing project at the Watrous Street properties. Also, their subcommittee has forwarded their memo regarding the water system.
B. Appointments:
Mr. Dostaler noted there are two appointments for tonight: Zoning Board of Appeals and the Housing Authority.
i. Zoning Board of Appeals: It was noted that the person appointed must be a Republican to represent the minority. It is recommended that Sharon Ives Lawson be re-appointed to this committee. Mr. Dostaler moved to appoint Sharon Ives Lawson to the Zoning Board of Appeals through November 2011. Mr. Minnick seconded the motion. All members in favor. So voted. (6-0).
ii. Housing Authority: One person applied - Joann Ewing, Director of the Senior Center. Mr. Dostaler moved to appoint Joann Ewing to the Housing Authority through December 2011. Mr. Minnick seconded the motion. All members in favor. So voted. (6-0).
Communications and Announcements:
A. Brownfields Grants: Two grants were awarded, $200,000 for the remediation of 103 Main Street and $200,000 for the assessment for the Village Center.
B. Memorial Day Parade: The parade order will be distributed when received.
Bids & Contracts: None at this meeting.
Financial Transactions:
A. Grant Summary:
Mr. Bergren reviewed the Matching Grant Summary prepared by the Finance Director (see attachment).
Tax Refunds: None at this meeting.
Resolutions / Ordinances / Proclamations:
A. Old Home Day: Mr. Dostaler read the Old Home Day Proclamation into the minutes.
B. Historic Documents Preservation Grant: A motion was made by Mr. Johnson, seconded by Mr. Berlin, to authorize the Town Manager permission to execute and deliver a contract with the Connecticut State Library for a Historic Documents Preservation Grant. So voted (6-0).
C. Rapallo Viaduct: The Town Council authorizes the Town Manager to send a letter to the Governor regarding the Bond Commission, which will also be signed by the Chairperson of the Town Council. The Economic Development Commission will also draft a similar letter.
New Business: None at this meeting.
Old Business:
A. Consider, Discuss and Take Possible Action on Middle Haddam Historic District Commission Ordinance: The updated ordinance, map and a new listing of properties will be included. A motion was made by Mr. Dostaler, seconded by Mr. Berlin, to postpone action to the next meeting on the Middle Haddam Historic District Commission Ordinance so that the document can be numbered correctly and public comment can be offered. So voted (6-0).
B. Continued discussion on Arts and Cultural Commission: A motion was made by Mr. Dostaler, to postpone this item to the next meeting. So voted (6-0).
Public Remarks: None at this meeting.
Reserved: None at this meeting.
Adjournment: With no further business to discuss, Mr. Minnick, seconded by Mr. Berlin, made a motion to adjourn at 8:00 pm.
Respectfully submitted,
Cathy Sirois Recording Secretary
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East Hampton Town Council
Special Meeting
Minutes
Tuesday, May 29, 2007, 6:30 p.m.
East Hampton Middle School Media Center
AGENDA ITEM #1 - CALL TO ORDER
Town Council, Chairperson, Alison H. Walck called the meeting to order at 6:33 p.m. Other council members present were Vice Chairman Derek M. Johnson, Scott A. Minnick, Kyle R. Dostaler, Robert J. Berlin and William G. Devine. Absent member was Melissa H. Engel.
AGENDA ITEM #2 - LEGAL STRATEGY/ATTORNEY CLIENT PRIVILEGE - PLANNED EXECUTIVE SESSION
Mr. Johnson made a motion to enter into Executive Session with respect to Agenda Item 2. Mr. Berlin seconded. So Voted 6-0.
AGENDA ITEM # 3 - ADJOURNMENT
Mr. Berlin made a motion to adjourn the meeting at 7:12 p.m. Mr. Minnick seconded. So Voted 6-0.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Cathy L. Sirois, Recording Secretary Administrative Secretary to Town Manager, Alan H. Bergren
************************
East Hampton Town Council
Special Meeting
Minutes
Tuesday, June 12, 2007, 5:30 p.m.
Eaton E. Smith Meeting Room - Town Hall
AGENDA ITEM #1 - CALL TO ORDER
Town Council, Chairperson, Alison H. Walck called the meeting to order at 5:38 p.m. Other council members present were Vice Chairman Derek M. Johnson, Scott A. Minnick, Kyle R. Dostaler, Robert J. Berlin and William G. Devine and Melissa H. Engel.
AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION AND/OR ATTORNEY CLIENT PRIVILEGE
Mr. Johnson made a motion to enter into Executive Session with respect to Agenda Item 2. Mr. Devine seconded. So Voted 7-0.
AGENDA ITEM # 3 - ADJOURNMENT
Mr. Berlin made a motion to adjourn the meeting at 6:31 p.m. Mr. Devine seconded. So Voted 7-0.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Cathy L. Sirois Administrative Secretary to Town Manager, Alan H. Bergren
*************************
East Hampton Town Council
Regular Meeting
Minutes
Tuesday, June 12, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Robert Berlin, Kyle Dostaler, William Devine, Scott Minnick and Melissa Engel. Also present was Town Manager Alan Bergren; Facilities Manager Frank Grzyb; Public Utilities Administrator Vincent Susco; members of various Boards and Commissions; members of the public and members of the Press.
Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 6:34pm. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
A. Town Council Regular Meeting, May 22, 2007: A motion was made by Mr. Dostaler, seconded by Mr. Berlin, to approve the minutes of the May 22, 2007 minutes as written. So voted. (6-0-1, Ms. Engel abstained).
B. Town Council Special Meeting, Executive Session, May 29, 2007: A motion was made by Mr. Minnick, seconded by Mr. Dostaler, to approve the minutes of the Town Council Special Meeting, Executive Session of May 22, 2007 as written. So voted (6-0-1, Ms. Engel abstained).
Special Presentations
A. Marie Durkin - Tax Suspense List: Ms. Durkin presented and explained the process of listing uncollectible taxes to the tax suspense book. She explained that the taxes filed to the tax suspense book are not listed as an asset to the town so it does not affect the collection rate and any tax transferred is not abated and is still collectible with any interest, penalties and costs associated with collection. Ms. Durkin answered questioned from the Council members. The tax suspense list will be voted on later in this meeting.
B. Birmingham Utilities Exclusive Service Area (ESA) Modifications Discussion: Vincent Susco, Public Utilities Administrator, explained the history of the water utility companies operating in East Hampton and the ESA. Mr. Susco reviewed the area maps and explained the change in the "soft" lines on the map to the "hard" lines that included the changes to the ESA. Mr. Susco and Mr. Bergren fielded questions from the Council regarding the decisions made to change the ESA. It was decided that a future meeting would be held to further discuss this issue.
Report of the Town Manager
A. Christopher Brook/Pond Update: Mr. Bergren reported that there were no further reported or observed problems since April 12th. Inland Wetlands Commission is proceeding with their investigation and are being guided through steps and procedures by Legal Counsel Janet Brooks.
B. Status of Demolition of Water Tower: Mr. Bergren stated that all grant papers have been signed and returned to the DECD. Before the project can begin the DECD must complete all the paperwork on their end, as noted and reported, this may take 30-60 days. Our Facilities Manager will be preparing an RFP for the availability of a structural and environmental engineer to assist with the plans and specifications for demolition and removal. We cannot proceed until we get the authorization from DECD.
C. Status of 13 Watrous Street fencing: Mr. Bergren explained that fencing and gates have been installed on the site to prevent vehicles from traversing the property.
D. Rapallo Viaduct Report: Mr. Bergren indicated that temporary repairs are underway for the sinkhole and the culvert. The May 25th Bond Commission for a $500,000 emergency appropriation, was cancelled. The next scheduled meeting is June 27th. Mr. Bergren spoke to the DEP Commissioner's staff and the Commissioner was aware of the situation and was contemplating a site visit possibly this week.
E. Status of DEP and Brookside Industrial Complex Barrels - Mr. Bergren explained that the DEP is inspecting the complex on Wednesday, June 13th. The Town, through our consultants Tighe and Bond, as a courtesy, gave the owners information on steps they should contemplate taking to effectuate proper handling and disposal of the waste products.
F. Reference to ESA Report: Mr. Bergren stated that the ESA report was discussed earlier in the meeting.
G. The 2005-2006 Annual Report - Mr. Bergren reported that the 2005-2006 Annual Report was completed. Lisa Seymour did an outstanding job on the report. The report will be put onto the Town's website and a limited number of hard copies will be available for distribution. Notices will be sent out to agencies shortly to prepare for the 2006-2007 Annual Reports.
H. Other: - Mr. Bergren presented the Zoning Enforcement activities for the previous month. - The ADA and Senior Housing Grants have been closed out totaling $1,000,000.
Public Remarks:
1. Ted Hintz, Keighley Pond Road - He commented that the Planning and Zoning Commission is unable to attend the Code of Conduct/Code of Ethics/Freedom of Information Seminar due to a special meeting on the same night. He felt that all Boards and Commissions should attend the seminar. Also, he read a letter from Ken and Karen Lee of Pinebrook Road on the topic of roads discontinuance.
2. Jeff Corbin, Pinebrook Road - He asked for clarification on the dirt road discontinuance. The Council indicated that the topic would be discussed later in the meeting.
3. Mary Ann Dostaler, 56 William Drive - She asked for clarification on the agreement with Birmingham Utilities regarding the ESA. She was under the understanding that the agreement had been finalized.
Liaison and 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.
· Mr. Dostaler: Nothing to report at this meeting.
· Chairperson Walck: Reported that she attended the Inland Wetlands Meeting on May 30, 2007. Lakeview Street/Belltown Square phase 2 was approved with conditions. Old Clark Hill LLC is being continued to the next meeting. The lawn fertilizer containing phosphorus ban is being continued to the next meeting. The revised Inland Wetland Watercourse Agency regulations were approved.
· Mr. Johnson: Reported that he attended the Board of Fire Commissioners meeting. They discussed their view regarding the water system. They will be providing the Town Council with their view on the water system. Mr. Johnson also attending the Brownfields Committee meeting. They discussed steps needed to implement the various grants.
· Mr. Minnick: Reported that he attended the Board of Education Meeting on Monday, June 11th. He and Mr. Dostaler met the new Superintendent, Dr. Judith Golden. At the meeting they discussed changing the K-5 four quarter report card to a tri-semester report card. There was a presentation on the All Day Kindergarten program which shows favorable advantages. Budget reductions in the amount of $300,000 were approved. There was a discussion on a policy regarding the Board of Education Capital Reserve Fund.
Reports of Committees & Commissions:
A. Inter-Board Liaisons: Ted Hintz, Chairman of the Board of Finance reported that there will be a special meeting on Thursday, June 14th to set the mill rate.
Mary Ann Dostaler, Chairperson of the Economic Development Commission, thanked the members of the Town Council that attended the EDC Meet and Greet on May 30th. She reported that there is new information on the town website regarding new information on Streetscape.
B. Appointments: None at this time.
Communications and Announcements:
A. Old Home Day: A letter from the Old Home Day parade chairman was read into the record.
Bids & Contracts:
A. Middle School Asbestos Removal: Frank Grzyb, Facilities Manager reported that seven bids were received for the removal of the asbestos floor tile and mastic at the East Hampton Middle School. Mr. Grzyb recommended awarding this bid, in the amount of $18,000, to Fleet Environmental, Inc. A letter of recommendation from our asbestos consultant, Eagle Environmental, was received in regard to Fleet Environmental. A motion was made by Ms. Engel, seconded by Mr. Devine, to award the bid for the removal of the asbestos floor tile and mastic at the Middle School to Fleet Environmental for the cost of $18,000. All members in favor. So voted (7-0).
B. Middle School Tile Replacement: Mr. Grzyb reported that two bids were received for the replacement of floor tile at the East Hampton Middle School. Mr. Grzyb recommended awarding this bid, in the amount of $12,450, to The John Boyle Company. A motion was made by Mr. Devine, seconded by Ms. Engel, to award the bid for the replacement of floor tile at the Middle School to The John Boyle Company for the cost of $12,450. All members in favor. So voted (7-0).
C. Town Hall Oil Tank Replacement: Mr. Grzyb reported that four bids were received for the replacement of the oil tank at the East Hampton Town Hall. Mr. Grzyb recommended awarding this bid, in the amount of $34,000, to Excavation Technologies, Inc. A motion was made by Ms. Engel, seconded by Mr. Berlin, to award the bid for the replacement of the oil tank at the Town Hall to Excavation Technologies, Inc. pending thorough verification for this company at a cost of $34,000. All members in favor. So voted (7-0).
Financial Transactions: None at this meeting.
Tax Refunds: None at this meeting.
Resolutions / Ordinances / Proclamations: None at this meeting.
New Business:
A. Consider, Discuss and Take Possible Action on the Creation of an Ad Hoc Personnel Committee: Mr. Dostaler moved to postpone this item to the next meeting. Seconded by Mr. Berlin. All members in favor. So voted (7-0).
B. Consider, Discuss and Take Possible Action on $5,000 Request for Police Services on Old Home Day: Mr. Devine moved to approve the $5,000 for Police services on Old Home Day. Seconded by Ms. Engel. All members in favor. So voted (7-0).
C. Consider, Discuss and Take Possible Action on the Application for Appointment or Re-Appointment to Boards, Councils and Commissions: Mr. Dostaler reviewed the changes to the form used for Appointments and Re-Appointments to Boards, Councils and Commissions. Ms. Engel moved to approve the revised Application for Appointment or Re-Appointment to Boards, Councils and Commissions. Seconded by Mr. Berlin. All members in favor. So voted (7-0).
D. Consider, Discuss and Take Possible Action on Water Systems Budget and Rates for 2007-2008. Vincent Susco, Public Utilities Administrator and Pam McCann, Lead Operator, presented the Water Pollution Control Authority 2007-2008 Public Water Systems Operation Budget. Current water rates are $8.00/EMU (Equivalent Meter Unit) and $2.90/1000 gallons. These rates were established on 7/1/05. Due to a continuing rise in operating costs a 5% ($8.40/month) increase in the EMU charge and an 8.75% ($3.15/1000 gallons) increase in the commodity charge is recommended. Mr. Berlin moved to approve the Public Water Systems Operations budget as presented. Seconded by Mr. Johnson. All members in favor. So voted (7-0). Ms. Engel moved to approve the rates effective July 15, 2007. Seconded by Mr. Dostaler. Six votes in favor, 1
vote against (Mr. Devine). So voted (6-1).
E. Consider, Discuss and Take Possible Action on the Tax Suspense List: Mr. Johnson moved to approve the tax suspense list as presented. Seconded by Mr. Dostaler. So voted (7-0).
F. Mr. Johnson moved to amend the agenda to add item 13F - Consider, Discuss and Take Possible Action on the Birmingham Utilities ESA Modifications. Seconded by Mr. Minnick. All members in favor. So voted (7-0). Mr. Johnson would like to set a date to discuss in detail the Birmingham Utilities ESA Modifications. It was decided that a meeting to discuss Birmingham and the Water System Options should be scheduled for the same night. Tentatively June 27, 2007 was set to hold this meeting.
Old Business:
A. Consider, Discuss and Take Possible Action on Roads Discontinuance: Scott Minnick reviewed a project that he prepared regarding discontinuance of roads. The rationale underlining the recommendation is the following: Roads and road segments that are proposed for discontinuance are not required for the common convenience and necessity. There does not exist a reasonable public demand for these roads and road segments. The common convenience and necessity justifies discontinuance of the roads and road segments because they are used only by a few who adjoin them and not for general public use. Discontinuance serves the legitimate public purpose of relieving the town of East Hampton of future costs and expenses involved in maintaining and improving these roads and roads segments and the construction of bridges
associated with road improvements and in liability for the town. Necessity, as per state statute, as used in the statute means a reasonable public demand. The road does not need to be indispensable. The fact that a road may be convenient and necessary for those who adjoin or abut the discontinued road does not guarantee a finding of common convenience or necessity. This proposed legislative action has the approval and support of the Town's public works director, our Town's assessor and finance director. Their input and guidance as well as Town Council's was invaluable to the creation of this proposal.
The procedure for road discontinuance is the following: The Town Council refers the proposal to Planning and Zoning for a CT state statute section 8-24 report. Planning and Zoning should issue its report back to Town Council within 35 days of official submission. If no report is received back within 35 days then the proposal is deemed approved by Planning and Zoning. Once the report is returned to Town Council, by law, Town Council can discontinue all or any part of any highway and the action must be formal and definite so as to give notice and the method provided for discontinuance must be strictly followed. Town Council can vote to override a disapproval by Planning and Zoning by a two-thirds super majority vote. The next step is a Town Meeting - roads or segments are deemed discontinued if approved by a
majority vote at a regular or special town meeting. The reason for the town meeting is to offer citizens an opportunity to be more aware. There is an appeals process, any person to grieve has 8 months to appeal to Superior Court under CT General Statute 13A-62. The court will appoint a committee to determine only whether or not the road in question is of common convenience or necessity. In order for an abutter to receive compensation the abutter must have suffered a total and permanent destruction of his right of access. The fact that the cost to him/her of making or keeping the road passable could represent an unbearable or unacceptable economic burden does not establish the total destruction of his right of access. The end result is the Town Meeting. The discontinuance does not become final and effective until the 8 months have expired. Abutting owners of disc roads or segments have easements of access which includes the right to travel over and improve the existing road bed and
carry utility services. The only easement that exists after discontinuance is that belonging to abutting owners for their own use making it a private road.
Mr. Minnick reviewed the packet of information that was distributed to the Council which included an Unimproved Road Maintenance and Reconstruction Cost Estimate worksheet and maps of the proposed roads to be discontinued. Ms. Engel questioned the amount of state money that is given to the Town for dirt roads. She also asked if Mr. Minnick talked to anyone that lived on the roads that are considered for discontinuation. There was a discussion on the cost of bringing the roads up to standard and paving the roads. Ms. Engel questioned whether there have been requests to have any of these roads paved. If some of the roads were to be brought up to standard it would require bridges and/or culverts. If a developer were to bring in a new subdivision the town could be required to bring the road to the development up to
standard. Research will be done to determine how much state money is received for improved and unimproved roads. According to Mr. Bergren there is a formula to determine funds for improved and unimproved roads. Mr. Devine asked how many homeowners are affected on the roads listed. Mr. Minnick reviewed the number of houses.
Mr. Johnson recommended that the document be supplemented with additional information prior to being sent to the Planning and Zoning Commission. A motion was made by Mr. Devine, seconded by Mr. Berlin to continue discussion on this proposal to the next Town Council meeting on Tuesday, June 26, 2007. So voted (7-0).
B. Meeting Dates for Water Workshop: This item was discussed earlier in the meeting. The tentative date for this meeting is Thursday, June 27, 2007.
C. Consider, Discuss and Take Possible Action on Middle Haddam Historic District Commission Ordinance: A motion was made by Mr. Johnson, seconded by Mr. Berlin, to postpone action to the next meeting on the Middle Haddam Historic District Commission Ordinance. So voted (7-0).
Public Remarks:
Ted Hintz, Keighley Pond Road, questioned whether portions of the roads on the discontinuance list were on the Assessor's list as "to be upgraded"? Mr. Minnick indicated that the road portions on the road discontinuance list are different portions of the road than those scheduled to be upgraded.
Tom Cooke, Pinebrook Road, asked whether it would be more cost effective to look at roads to be abandoned on a house per mile basis whether the road is paved or unpaved. How much tax revenue will be lost when the property value goes down due to the road being discontinued?
Michael Hayes, Quiet Woods Road, asked how money can be saved if the portion of the road has never been graded or plowed in the past.
Rich Michaud, Quiet Woods Road, if the road is discontinued this would leave his 1300 feet of road frontage with only 74 feet of road frontage and no access to do anything with his 25 acres. Mr. Minnick indicated that the discontinued road would become a private road/driveway.
Jeff Corbin, Pinebrook Road, spoke about the state money to improve the dirt roads. He also spoke about the maintenance of the roads.
Mike Filanda, Quiet Woods Road, questioned dollar amounts spoken about at prior meetings that were supposedly spent on Quiet Woods Road.
Rich Michaud, Quiet Woods Road, questioned a parcel of land purchased by Dream Developers who were supposed to upgrade the road. It was recommended that Mr. Michaud speak to Planning and Zoning on that matter.
Reserved: None at this meeting.
Adjournment: A motion was made by Mr. Devine, seconded by Ms. Engel, to adjourn the meeting at 9:29 p.m.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Alan H. Bergren
**************************
East Hampton Town Council
Special Meeting
Executive Session
Minutes
Tuesday, June 19, 2007, 6:30 p.m.
East Hampton Middle School Library/Media Center
TOWN COUNCIL EXECUTIVE SESSION
CALL TO ORDER
Town Council, Chairperson, Alison H. Walck called the meeting to order at 6:30 p.m. Other council members present were Vice Chairman Derek M. Johnson, Scott A. Minnick, Kyle R. Dostaler, Robert J. Berlin and William G. Devine and Melissa H. Engel.
PLANNED EXECUTIVE SESSION TO CONSIDER AND DISCUSS THE EMPLOYMENT OF MR. BERGREN AS TOWN MANAGER
Mr. Devine made a motion to enter into Executive Session at 6:37 p.m. Mr. Berlin seconded. So Voted 7-0.
Exited Executive Session at 7:52 p.m.
TOWN COUNCIL SPECIAL MEETING
ACT ON ANY MOTION(S) REGARDING EXECUTIVE SESSION DISCUSSIONS
Special Meeting called to order at 7:55 p.m.
Mr. Dostaler made the following motion: Pursuant to the Town Charter and Mr. Bergren's employment contract, I move to terminate Mr. Bergren's employment and to authorize Alison Walck, the Chairperson of the East Hampton Town Council, to sign a termination of employment contract letter as accepted by said Town Council. Seconded by Mr. Minnick. Voted 5 in favor, 2 against (Mr. Devine and Ms. Engel against). So Voted 5-2.
Mr. Devine made a motion to adjourn the meeting at 7:58 p.m.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Cathy L. Sirois Administrative Secretary to Town Manager, Alan H. Bergren
***********************************
East Hampton Town Council
Special Meeting
Minutes
Friday, June 22, 2007, 8 a.m.
Eaton E. Smith Meeting Room - Town Hall
CALL TO ORDER
Town Council Chairperson, Alison H. Walck called the meeting to order at 8 a.m. Other Council members present were Scott A. Minnick, Kyle R. Dostaler and Robert J. Berlin. Absent were Vice Chairman Derek M. Johnson, William G. Devine and Melissa H. Engel.
CONSIDER, DISCUSS AND TAKE POSSIBLE ACTION ON HIRING A RECRUITMENT FIRM FOR A NEW TOWN MANAGER
Following a brief discussion, Mr. Minnick moved that the town retain the services of Richard T. Bennett and Company to assist in recruiting for a new town manager and to authorize Alison Walck, Town Council Chairperson to sign the contract as accepted by the Town Council. Seconded by Mr. Berlin. So Voted 4-0.
ADJOURNMENT
Mr. Berlin made a motion to adjourn the meeting at 8:08 a.m. Seconded by Mr. Minnick.
Respectfully submitted,
Cathy L. Sirois Administrative Secretary to Town Manager, Alan H. Bergren
**********************************
East Hampton Town Council
Special Meeting
Minutes
Tuesday, June 26, 2007, 6 p.m.
Eaton E. Smith Meeting Room - Town Hall
CALL TO ORDER
Town Council, Chairperson, Alison H. Walck called the meeting to order at 6:08 p.m. Other council members present were Vice Chairman Derek M. Johnson, Scott A. Minnick, Kyle R. Dostaler, Robert J. Berlin, William G. Devine (entered 6:16pm) and Melissa H. Engel.
EXECUTIVE SESSION - LITIGATION STRATEGY ATTORNEY/CLIENT PRIVILEGE
Mr. Johnson made a motion to enter into Executive Session. Seconded by Ms. Engel. So Voted 6-0.
Exited Executive Session at 7:00pm.
ADJOURNMENT
Mr. Minnick made a motion to adjourn the meeting at 7:00 p.m.
Minutes prepared from notes taken by Alan H. Bergren, Town Manager.
Respectfully submitted,
Cathy L. Sirois Administrative Secretary to Town Manager, Alan H. Bergren
**************************************
East Hampton Town Council
Regular Meeting
Minutes
Tuesday, June 26, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Robert Berlin, Kyle Dostaler, William Devine, Scott Minnick and Melissa Engel. Also present was Town Manager Alan Bergren; Facilities Manager Frank Grzyb; members of various Boards and Commissions; a large number of citizens and members of the Press.
Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 7:07pm. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
A. Town Council Special Meeting, Executive Session, June 12, 2007: A motion was made by Mr. Devine, seconded by Ms. Engel, to approve the minutes of the June 12, 2007 minutes as written. So voted. (7-0).
B. Town Council Regular Meeting, June 12, 2007: Ms. Engel requested that more detail be added to the roads discontinuance discussion under Old Business. A motion was made by Mr. Berlin to table the approval of the minutes of the June 12, 2007 Regular Meeting to the next meeting. Seconded by Ms. Engel. So voted. (7-0)
C. Town Council Special Meeting, Executive Session, June 19, 2007: A motion was made by Ms. Engel, seconded by Mr. Berlin, to approve the minutes of the Town Council Special Meeting, Executive Session of June 19, 2007 as written. So voted (7-0).
D. Town Council Special Meeting, Executive Session, June 22, 2007: A motion was made by Mr. Berlin, seconded by Mr. Dostaler, to approve the minutes of the Town Council Special Meeting, Executive Session of June 22, 2007 as written. So voted (4-0-3, Mr. Devine, Ms. Engel and Mr. Johnson abstained).
Road Discontinuance Discussion
Mr. Minnick reviewed his presentation from the last meeting. The original list was created based on State Statutes. His initial thought was to send the entire list to Planning and Zoning. Since that last meeting he has created a new list that separates the roads into two categories and the Council will not give Planning and Zoning the option of recommending all the roads that would be possible to discontinue under State Statute. As a starting point with this change, a new handout was created that separates the list into two sections, a listing of Roads and Road Segments No Longer Considered for Discontinuance and a listing for Road and Road Segments Under Consideration for Discontinuance. The roads to be considered for discontinuance are not currently maintained by the town (with the exception of Gulf Road) and do
not affect any residents. Mr. Minnick would like Planning and Zoning to view the entire list so they can use it for future planning. Ms. Engel commented in response to the original list that she received 6 or 8 emails and many phone calls – some that don’t live on the dirt roads. She indicated that the residents were put through two weeks of angst. She noted some information that she gathered: dollar amounts received/the cost of taking care of the unimproved roads and property tax dollars received for the properties on the dirt roads. These properties would have to be devalued if the road was discontinued. She also noted information received from Colchester, fifteen years ago they abandoned some roads and now they regret that decision. They did not look at the inevitable development in the future.
Mr. Devine made a motion to amend the agenda to move Item 5 – Public Remarks to Item 4 immediately following the Road Discontinuance Discussion. Seconded by Ms. Engel. So Voted (7-0).
Public Remarks: Sharon Kjellquist, Lena Lane – is still concerned with the listing. Why are we still considering discontinuing any of the roads that are currently not maintained – will we be losing State monies? Mr. Minnick added that the town does not get state money for roads that are not maintained.
Gordon Hallberg, 99 Whippoorwill Hollow Rd – his property adjoins Green Road. For the portion of Whippoorwill Hollow Road that is being considered – is it the paved or unpaved section? Mr. Minnick indicated that it is the unpaved section only. Mr. Hallberg also had a comment that people that do live on the dirt roads, once that road is abandoned they are no longer eligible for phone, electric etc. without incurring additional costs.
Sueann Jackson, Whippoorwill Hollow Rd – Asked for clarification of the Whippoorwill Hollow portion of the road considered to be discontinued. She thought that her home was on the portion to be discontinued.
Scott Senicki, Quiet Woods Rd – Had comments about the original list that was considered for discontinuance – he was surprised that the Town wouldn’t notify the abutting property owners. Also had issues with his road where water accumulates and the issues to have it removed.
Ted Hintz, Keighley Pond Rd – Indicated that he was there on the advise of the Town Attorney regarding the contract that was signed to hire the search firm to hire the new Town Manager. He believes it is in violation of the purchasing ordinance. He questioned whether there was a justification letter.
Robert Duncan, 65 Bay Rd - He brought in a jar of lake water with sediment floating on top from the bay area. He believes there was a water quality issue. He is very concerned. He notified the Chatham Health District and the DEP.
Laura Engel, 210 Tartia Rd – She wondered if the road discontinuance list went to Planning & Zoning. She asked whether it had to go or does Town Council need to decide on what will be sent to Planning & Zoning.
Dick Gosselin, 23 Hill Ave – He brought up an issue of a road that was discontinued back in 1993 and the issues that his son came upon after the road was discontinued.
Thomas Cooke, Pinebrook Rd – He asked whether there are any possibilities of development on the discontinued road areas. The Council indicated that Planning & Zoning might have that information. He also asked about easements – will the residents need to have surveys done at their cost or will the town cover the costs. Mr. Minnick indicated that the town would handle the easement process.
Jim Barton, 19 Markham Rd – He had comments on the maintenance of Markham Road. He has maintained the road for 17 years but that it was supposed to maintained by the town.
Sue Kianelli, 61 Old Young St – She indicated that she and her husband has maintained their portion of the road – not the town. This would not be a savings to the town as the town has never maintained it. The Council indicated that she should contact Public Works regarding having the town properly maintain the road.
Donna Filanda, Quiet Woods Rd – She asked if the Town will be maintaining Pinebrook Rd, will the town fix the bridge so there will be proper access?
Mr. Johnson commented on the maintenance issues that have been brought up. He feels that the residents should let the Town know where the issues lie.
Karen Lee, 52 Pinebrook Rd – She indicated there was recently an issue with a fire truck and a portion of the bridge did collapse.
Deborah Snow, Chapman Rd – Had comments on the road not being properly maintained in the winter. The plow truck gets stuck there also. She indicated that the police department don’t even know where there road is located. Detailed instructions need to be given to the emergency personnel to get them to their house.
Steve Clark, Edgerton St – He had a comment on the access to the spring water on Gulf Rd. He worries that if Gulf Rd is turned over to the State there could be issues with getting to that water supply.
Rich Michaud, 99 Quiet Woods Rd – Had mentioned that there were town plans to widen Quiet Woods Rd but the money was used for another road.
Darlene Johnson, 41 Stage Coach Run – has issues with a road near her that was an abandoned road that is now a town road and now has trouble with runoff. Also has issues getting the town to plow.
Mrs. Brewer, Mott Hill Rd – was concerned with Mott Hill Rd being discontinued. It was confirmed that this road has been taken off the list.
Ted Hintz, Long Hill Rd – wondered if there was any discussion with the police, fire and emergency personnel. Ms. Engel indicated that Mr. Simko is concerned. Mr. Johnson indicated that health, safety and fire concerns will be reviewed before any road is considered for discontinuance. Ms. Engel also wants to be sure that proper notification is given for future meetings where this topic is on the agenda.
Irene Curtis, Wangonk Tr – feels this is a great opportunity for the residents to make their road issues known and that the Town Council should take this project on to remedy the situation.
Mrs. Simko indicated that a list is being passed around for the residents to write their name and contact information for road issues.
The Council was pleased to see so many concerned citizens.
Report of the Town Manager
A. Fees and Fines Research List: Mr. Bergren reviewed the spreadsheets regarding fees and fines. In addition to the East Hampton fees and fines, a comparison of fees for similar size towns was also completed. Copies are being distributed to the respective agencies for their review and input, comments and recommendations.
B. Status of DEP and Brookside Industrial Complex Barrels: Mr. Bergren reported that the DEP has inspected the complex. 140+ barrels were examined. Most contained water-soluble oil, believed to come from the now closed J.C. Barton Co. machine shop. Other barrels contained speedy-dry contaminated with oil. Others contained grinding sludge, which DEP believes are probably not hazardous waste. One barrel had a hazardous waste label dated 1988, and according to DEP exceeds the 90 day period for storage without a permit. A DEP inspector is responsible for generating an inventory of all barrels on-site. All the barrels containing waste oil will have to be tested before disposal. The DEP inspector has to produce a written inspection report within thirty days for his supervisor. The DEP gave the owners 21 days from
6/13/07 to complete all testing, removal, and filing manifests for the transport/disposal of the barrels with DEP. If the owner completes the above actions the DEP inspector will not recommend any further DEP regulatory review. If not, a notice of violation (NOV) will be issued and the matter will be referred to their enforcement section. The owner informed DEP that he was in contact with United (a licensed waste removal firm) to handle the barrel removal. A letter was provided from Attorney Brooks.
C. Rapallo Viaduct Update: Mr. Bergren reported that temporary repairs have been made to the culvert. The Bond Commission will meet on June 29th for a $500,000 emergency appropriation. The DEP engineer has indicated they will also be filling in the sinkhole. We are waiting on the schedule from them to commence that work. The trail would more than likely require closing during that operation. Mr. Bergren provided information from Vincent Susco, Public Utilities Administrator. Chairperson Walck wants to be sure that notification is given that the trail could be closed at certain times.
D. Communication to Town Manager from J. Wilson, IWWA Status of Christopher Brook: Mr. Bergren indicated that on behalf of the IWWA Vice Chair Mr. Wilson has been working with legal counsel on this item. He has also contacted the third party inspectors for information regarding same. Mr. Bergren provided a letter from Mr. Wilson to a surveying company. E. Status of Demolition of Water Tower: Mr. Bergren noted as previously reported at the last meeting, all grant papers have been signed and returned to the DECD. Before the project can begin the DECD must complete all their paperwork on their end. We are still waiting to hear from them. Our Facilities Manager will be preparing an RFP for the availability of a structural and environmental engineer to assist with the plans and specifications for demolition/removal.
Notation: we cannot proceed until we get the authorization from DECD.
F. Main Street Bridge Status: Mr. Bergren reported that the engineers are collecting field data for this project and have been collecting information provided by Tighe and Bond. This information must be collected and reviewed before any engineering can commence.
G. All Commissions and Boards Recommendations Compilation regarding Water System: Mr. Bergren presented a packet of information of the Boards and Commissions Water System Option choices.
H. Birmingham Utilities ESA Modifications: Mr. Bergen reported as previously explained, Birmingham Utilities agreed to give the balance of the Design Development Zone ESA north of Laurel Ridge to the Town of East Hampton without any linkage to exploring for water on town property. This achieves the long standing policy and goals of the Town to retain as much future control the DD Zone as it applies to water service, and gives the town control over options as to how to serve that area in the future including any cooperative ventures with adjacent service providers that we may wish to pursue. Note that the State Department of Health at the beginning of the Laurel Ridge development recognized Birmingham as the Exclusive Service Area Provider of water utility service for that entire development, notwithstanding any
planning line drawn on a map that may have divided the property. As much of that area is undeveloped future developers within the zone will be required to build community water systems which would them be conveyed to the Town. This would have a long term positive impact on the town’s customer base by adding to the viability of our existing limited customer base at the village center. The Town had claimed all the east side of the lake as well as the entire town except those areas already served by others. The planning line created an ambiguity of what was the Town’s versus what was Birmingham’s in the Design Development area. The only viable resolution was to clarify the demarcation point along definitive boundaries. A decision was made to address the water system options and the Birmingham Utilities ESA Modifications prior to the next Town Council meeting on July 10, 2007.
I. DiDomizio Property Purchase Update – Mr. Bergren indicated that the delayed second appraisal has been received and we are reviewing same and will begin working toward a recommended negotiated purchase price.
J. Number of People Who Have Applied for Redevelopment Agency Update: Mr. Bergren explained that to date four applications have been received for the Redevelopment Agency. He provided a memo listing the applicants.
K. Brookside Development Status – Mr. Bergren presented an attachment from Attorney D’Aquila. An illegal water line connection was discovered between 11 Skinner Street and the adjoining properties. The new owner of 11 Skinner Street disconnected the illegal connection last week in order to have a new meter installed and the street entrance pipe repaired (the old one had frozen during the winter and did not provide any readings) although water had continued to flow to the other buildings. (We are still trying to determine how many other buildings were served by this illegal connection). Apparently there also was at least one well on the adjoining property. Note: previously, all properties were under one ownership.
Special Presentations: None at this meeting.
Liaison and Agency Reports:
· Mr. Devine: Nothing to report at this meeting.
· Ms. Engel: Ms. Engel made mention of a letter received regarding an incident in which one of our police officers, Officer Boynton, went above and beyond to assist a citizen with a problem she was having with her runaway dog.
· Mr. Berlin: Nothing to report at this meeting.
· Mr. Dostaler: Nothing to report at this meeting.
· Chairperson Walck: Nothing to report at this meeting.
· Mr. Johnson: Reported that the Fire Commission submitted their water system option.
· Mr. Minnick: Nothing to report at this meeting.
Reports of Committees & Commissions:
A. Inter-Board Liaisons: Ted Hintz, Chairman of the Board of Finance reported.
Mary Ann Dostaler, Chairperson of the Economic Development Commission, reported that the RFP for the Economic Development Consultant has been posted on the web. Also, a letter was provided to the Council regarding the Brownfields Committee and the 13 Watrous Street property. She also had a comment on the Brookside property, the EDC is concerned about the tenants of the building and they are prepared to assist the tenants.
Ted Hintz, Chairman of the Board of Finance indicated that their meeting was cancelled but wanted to re-iterate the concern regarding the hiring of the consulting firm for hiring the new Town Manager and the process that was followed and how it pertained to the purchasing ordinance. The Council indicated that they will look into the issue.
Communications and Announcements:
Mr. Bergren explained the process involved in promoting Officer Dowty and Officer Battista to the rank of Sergeant.
Bids & Contracts:
A. New Air Conditioner Chiller Unit Bid: Frank Grzyb, Facilities Manager reported that two bids were received for the new air conditioner chiller unit for the East Hampton Library. Mr. Grzyb recommended awarding this bid, based on the initial bid and the alternate bid combined, in the amount of $71,345, to Action Air Systems, Inc. A motion was made by Mr. Devine, seconded by Ms. Engel, to award the bid for the new air conditioner chiller unit at the East Hampton Public Library to Action Air Systems, Inc. for the cost of $71,345. All members in favor. So voted (7-0).
Financial Transactions: None at this meeting.
Tax Refunds: None at this meeting.
Mr. Johnson made a motion to have a short recess. Seconded by Mr. Minnick.
Resolutions / Ordinances / Proclamations: None at this meeting.
New Business:
A. Creation of Ad Hoc Committee for the Hiring of a New Town Manager: Mr. Berlin made a motion to create an ad hoc committee for the purpose of hiring a new Town Manager including the following members: Alison Walck, Town Council; Kyle Dostaler, Town Council; Scott Minnick, Town Council; Michael Vasquenza, Board of Education and Nancy Anton, citizen and talent acquisition manager from Legend North America. Mr. Devine inquired as to why no minority members were included on the committee. Mr. Berlin noted that the minority members voted against dismissing the Town Manager. Ms. Engel and Mr. Devine did not feel it was correct to exclude the minority for this reason. Mr. Dostaler seconded the motion. There was an extensive discussion regarding the makeup of the ad hoc committee. Mr. Berlin withdrew the motion. Mr.
Johnson moved that this item be addressed after Old Business. Seconded by Mr. Devine. So Voted (7-0).
Old Business:
A. Consider, Discuss and Take Possible Action on Middle Haddam Historic District Commission Ordinance: Mr. Berlin moved to approve the Middle Haddam Historic District Commission Ordinance be approved as presented. Mr. Dostaler indicated that the date would need to be changed on the last page of the document. Mr. Johnson had questions regarding the document. He indicated that there is no reference in the document to the attachments, “an historic district” is used throughout the document instead of Middle Haddam Historic District specifically and there were questions regarding how a citizen would file an application. Mr. Berlin withdrew his original motion. Mr. Johnson moved to refer the ordinance back to the Middle Haddam Historic District Commission to review the final document. Seconded by Mr. Devine.
So Voted (7-0).
Continuation of New Business:
A. Continuation of Creation of Ad Hoc Committee for the Hiring of a New Town Manager:
Chairperson Walck read from Roberts Rules of Order. A question was raised about increasing the size of the committee. Ms. Engel indicated that having more members was not the answer. She felt that it is important to include at least one dissenting member for a more fair representation. Mr. Devine made a motion to table this item to a special meeting for further discussion. Seconded by Ms. Engel. So Voted (7-0).
Public Remarks: None.
Reserved: None at this meeting.
Adjournment: A motion was made by Mr. Minnick, seconded by Mr. Berlin, to adjourn the meeting at 9:35 p.m.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Alan H. Bergren
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