East Hampton Town Council
Special Meeting - Executive Session
Tuesday, July 3, 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 8:05 a.m. Other Council members present were Vice Chairman Derek M. Johnson, Scott A. Minnick, Kyle R. Dostaler, Robert J. Berlin, William G. Devine (entered at 8:05 a.m.) and Melissa H. Engel (entered at 8:14 a.m.).
Motion by Mr. Berlin, seconded by Mr. Johnson to enter Executive Session at 8:05 a.m. to discuss Agenda Item 2 - Discussion of Personnel Matter Involving Police Officer Performance and Employment and Agenda Item 3 - Litigation Strategy - Attorney/Client Privilege.
The Council came out of Executive Session at 9:10 a.m.
VOTE ON POLICE OFFICER SEVERANCE
Mr. Johnson moved that the Town Council approve, and authorize the Town Manager to execute, the retirement and release among the Town, IBPO - Local 524 and Martin Swan. Seconded by Mr. Dostaler. So Voted (7-0).
ADJOURNMENT
Mr. Devine made a motion to adjourn the meeting at 9:18 a.m. Seconded by Mr. Minnick.
Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council
Special Meeting
Tuesday, July 3, 2007 8:30 A.M.
Eaton E. Smith Meeting Room - Town Hall
CALL TO ORDER
Town Council Chairperson, Alison H. Walck called the meeting to order at 9:20 a.m. Other Council members present were Vice Chairman Derek M. Johnson, Scott A. Minnick, Kyle R. Dostaler, Robert J. Berlin, William G. Devine and Melissa H. Engel.
DISCUSSION OF RICHARD T. BENNETT & CO. APPOINTMENT
Ms. Walck read the following letter into the minutes regarding the Richard T. Bennett & Co. appointment:
Bennett Yarger Associates is a firm that specializes in executive search and management consulting services for local, regional and state governments, public authorities, educational institutions, human service groups and advocacy organizations. Bennett Yarger is a national firm that, as a member company of Richard T. Bennett, & Co., Inc., has performed work in 35 states with specific hires for Town Managers and Administrators in Connecticut for the Towns and Cities of Killingly, Wethersfield, Watertown, Rocky Hill, Darien, Bloomfield, the City of Hartford, the City of New Haven and others.
Unlike many other search and recruiting firms, Bennett Yarger specializes in the retention of local municipal government managers and administrative officials.
In conducting our due diligence, we spoke to many individuals throughout the State, and found that Bennett Yarger has an excellent reputation and has successfully retained Town Manager's in Killingly, Plainville, Wethersfield, Watertown and Rocky Hill, and the firm has received the highest marks in doing so.
Additionally, Bennett Yarger is on the short list of recommended firms by the International City/County Management Association - a professional and educational organization for chief appointed managers, administrators and assistants in cities, towns, counties and regional entities throughout the United States and the world.
Bennett Yarger is uniquely qualified for the Town of East Hampton's needs to assist with the hiring of a new Town Manager. More over, due to the very limited period of time we face in the hiring and interviewing process of just 3-4 months, time is of the essence. The fees charged by Bennett Yarger for such services for such a short and intense job search is fair and reasonable.
Mr. Minnick reviewed a listing of other towns that were contacted regarding references for Bennett Yarger Associates.
Mr. Devine questioned the letter received from the Board of Finance regarding the Purchasing Ordinance. Mr. Johnson indicated that the statements made today show that the Ordinance has been complied with.
CHAIRPERSON APPOINTMENT OF AD HOC COMMITTEE FOR HIRING OF NEW TOWN MANAGER
Alison Walck, Town Council Chairperson, registered Republican/Chatham Party
Kyle Dostaler, Town Council, registered Democrat/Chatham Party
Nancy Anton, registered Republican
Sharon Ives-Lawson, Zoning Board of Appeals, registered Republican
Michael Vasquenza, Board of Education, Technology Steering Committee, registered Democrat
Sue Weintraub, Streetscape Steering Committee, Unaffiliated
Bill Devine, Town Council, registered Republican
ADJOURNMENT
Mr. Berlin made a motion to adjourn the meeting at 9:45 a.m. Seconded by Mr. Devine.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council
Special Meeting
Minutes
Tuesday, July 10, 2007, 4:30 p.m.
Eaton E. Smith Meeting Room - Town Hall
Call To Order:
Town Council Chairperson Alison Walck called the meeting to order at 4:38 p.m. Other council members present were Vice Chairman Derek Johnson, Scott Minnick, Kyle Dostaler, Robert Berlin, William Devine and Melissa Engel. Also present were Town Manager Alan Bergren, Finance Director Jeffery Jylkka, Public Utilities Administrator Vincent Susco, several Board and Commission members and citizens.
Consider, Discuss and Take Possible Action on Water System Options:
Mr. Dostaler began the discussion by thanking the Water Task Force, town staff and the commissions for getting back to the Town Council with their opinions on the water system. He made the following comments: "As a community, we need to undertake a project of this scope in a way that is financially responsible and allows the Town the capacity to continue its other essential service responsibilities.
We need not only to support a new water system, the Town needs to continue its support schools, we need to support our seniors and social services, we need to support our residents with better roads and safety services – to name a few.
On tonight’s regular Town Council agenda there is an item to discuss and take action for the bonding of dump truck and sidewalks. If we endorse the authorization of a 51 million dollar plan for a water system, we simply would not see such items on any agenda for bonding for the Town’s essential needs for years.
This afternoon, we are not here to determine the details of the roads and engineering for a new water system, rather, we are here to determine and to decide the dollar amount (the project cost of a water system) to send to referendum for residents to vote on.
The system that I support is 4.2. It is self-supporting and is the largest system the Town can responsibly afford to under take while continuing to support its other obligations. I believe that it would be irresponsible to burden the tax payers of East Hampton with a 51 million dollar water system. Further, the 4.2 water system is the first step towards what could become a larger system. The 4.2 water system is the backbone, providing the start up infrastructure and capital investment for whatever the Town may later decide to do – and that is to either maintain the system’s Phase I size, or, eventually, and as financial constraints allow, for the Town to enlarge the overall size of the system.
It is vitally important that we, as a Town Council, in making this critically important decision, do not over reach or over extend the Town’s limited financial resources. This Town does not need a big dig, and I believe that the 51 million dollar system is a giant step that commits the Town to an obligation that will over ride all others. However, I also believe, given all the assumptions for grants, borrowing and bonding, and the available funding available to the Town, that the 4.2 system is the most affordably feasible water system that the Town can presently commit itself to."
Mr. Devine supports Option 5, the full build out. He feels it serves the largest number of people at the lowest per served cost, it gives the most flexibility for planning and it is the best opportunity for federal and state grants and loans because it serves the largest amount of people for safe water. He does not feel it is over reaching or over extending.
Based on a question by Ms. Engel, the roads that would be served in option 4.2 and option 5 were reviewed as well as the number of people that would be served by each system. Ms. Engel also questioned the rights to the water source on Oakum Dock Road. Mr. Vincent Susco, Public Utilities Administrator responded that there is no contractual agreement presently. When the water system is approved, Mr. Susco said there are processes to be followed to acquire the rights to the wells. The acquisition costs are included in the totals for each water system. Also included in the costs are the fire safety costs.
Mr. Berlin addressed the consent order issue. At this time there is a consent order against the Town that needs to be addressed regarding the Village Center. He supports option 4.2. He feels that if option 4.2 is approved we can get to option 5 in the future and feels that there is a greater chance to pass option 4.2 at referendum than option 5.
Ms. Engel would support option 4.2 as well based on the answers to the questions she had tonight. If the town would have issues obtaining other grants and funds if option 5 were approved for $51 million she would hesitate to support option 5 as the town does have other needs.
Mr. Johnson spoke about all of the options being additions to the necessary system for the Village Center. The initial system for the Village Center is required based on the consent order but it would be advantageous to plan for a larger initial system such as option 4 and there can be future additions to get to option 5. Mr. Johnson also pointed out that the Boards and Commissions that chose option 4.2 included the modification of the addition of the Main Street to Route 16 section. Mr. Johnson also reviewed the Consumer Price Index from the Bureau of Labor Statistics to point out the prices of steel piping over the years.
Mr. Johnson moved that the Town Council approve the proposal 4.2 with the add on reflected in the EDC and Brownfields Committee recommendation in an amount not to exceed 110% of the estimated total project cost set forth in proposal 4.2. Seconded by Mr. Minnick. So voted (6-1) (Mr. Devine against).
Mr. Minnick commented that proposal 4.2 will provide economic development in East Hampton to revitalize the Village Center, will go onto the Route 66 corridor, our linear center, and going on Main Street to Route 16 will address health concerns with the water issues.
Mr. Johnson moved that the Town Council's support of proposal 4.2 with the add on is to satisfy the consent order with the State of Connecticut and to develop the critical components of a centralized water system. Seconded by Mr. Minnick. So voted (6-0-1) (Mr. Devine abstained).
Mr. Johnson thanked the town staff and commissions that have spent a great deal of time in getting to this point. He asked that within 30 days, with the help of Bond Counsel, that staff report back to the Council with more detail on the project going forward.
Consider, Discuss and Take Possible Action on Setting Referendum Date:
Mr. Dostaler reviewed the time constraints of getting the proposal to referendum. The deadline for the extension date for the consent order is September 1, 2007. His recommendation would be to go to referendum in November with the town elections. If this were the case the town would need to request an additional extension. Since a referendum date would be set, the State may grant the extension.
There was a consensus among the Council members to table choosing the referendum date to determine if an extension is possible on the consent order.
Consider, Discuss and Take Possible Action on Birmingham ESA Modification:
This item is a continuation of a discussion held at a recent regular Town Council meeting. There was concern on the Council's part as to the procedure and the ramifications of the ESA (exclusive service area) modifications. The Council's question is can the modifications be reversed? Will there be future financial ramifications? There was discussion with Mr. Susco regarding the original soft line ESA and the new hard line ESA and the design development zone. The Council is concerned that the procedure to add area to the ESA was not properly channeled through this Council. The Council would like to approach Birmingham Utilities to possibly reconsider the transfer of the ESA.
Mr. Johnson moved to have the Town Manager approach Birmingham Utilites/Connecticut Water Company to determine their willingness to reconsider the transfer set forth in the letter dated March 22, 2007. Seconded by Mr. Berlin. So voted (7-0).
Ms. Engel feels that all information on this subject should be communicated back to the full Council.
Adjournment:
Ms. Engel made a motion to adjourn the meeting at 6:15 p.m. Seconded by Mr. Berlin.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Town Manager, Alan H. Bergren
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East Hampton Town Council
Regular Meeting
Minutes
Tuesday, July 10, 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 (arrived 6:33) and Melissa Engel. Also present was Town Manager Alan Bergren; members of various Boards and Commissions and a small number of citizens.
Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 6:30pm. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
A. Town Council Regular Meeting - Amended Minutes, June 12, 2007: A motion was made by Ms. Engel, seconded by Mr. Berlin, to approve the minutes of the June 12, 2007 minutes as amended. So voted. (6-0) (Mr. Minnick not present).
B. Town Council Special Meeting, Executive Session, June 26, 2007: A motion was made by Mr. Dostaler, seconded by Mr. Berlin to approve the minutes of the Town Council Special Meeting, Executive Session of June 26, 2007 as written. So voted. (6-0) (Mr. Minnick not present).
C. Town Council Regular Meeting, June 26, 2007: A motion was made by Mr. Berlin, seconded by Ms. Engel, to approve the minutes of the Town Council Regular Meeting of June 26, 2007 as written. So voted (7-0).
D. Town Council Special Meeting, Executive Session, July 3, 2007: A motion was made by Mr. Dostaler, seconded by Ms. Engel, to approve the minutes of the Town Council Special Meeting, Executive Session of July 3, 2007 as written. So voted (7-0).
E. Town Council Special Meeting, July 3, 2007: A motion was made by Mr. Minnick, seconded by Mr. Johnson, to approve the minutes of the Town Council Special Meeting, July 3, 2007 as written. So voted (7-0).
Report of the Town Manager:
A. Brookside Barrel Status: Mr. Bergren noted as previously reported, DEP inspected the complex and gave the owners 21 days from 6/13/07 to complete all testing, removal and filing of manifests for the transport/disposal of the barrels. He reviewed a memo from Attorney Brooks on the status of the owner's and the DEP's actions as of today. Mr. Minnick noted there could be security issues at the building as he was notified there is an unlocked door on the premises.
B. Christopher Brook Update: Mr. Bergren reported that the IWWA has approved sending correspondence to the third party inspectors for information. Following receipt of that information will determine the next course of action by the Wetland Commission. This item is expected to come up again at their next meeting at the end of the month.
C. Birmingham Utilities ESA Modifications: This item was discussed at length in the Special Meeting preceding this meeting.
D. DiDomizio Property Purchase Update: Mr. Bergren noted that we are contacting Mr. DiDomizio's legal counsel to negotiate a purchase price for the parcel behind Memorial School. The latest appraisal raised some questions on possible encroachments from some adjoining properties which we may have to have a surveyor identify (possibly an A-2 survey will be required).
E. Maguire Group Status: Mr. Bergren stated that since amendment #10 (proposal of plans 1-4) no further activity has been required of the Maguire Group. On personnel matters, Robert Tedeschi has left the firm. Sebastian Amenta and William Murphy continue with the firm. These are the three individuals that have been working with the town on the centralized water system. Should the centralized water system proceed then the WPCA would be responsible to begin the selection process through RFP's for an engineering firm to prepare final design of the system. The Council questioned whether Maguire Group would be doing the public relations work for the water system. Mr. Johnson requested for the next meeting a synopsis of the existing contract so the Council can determine if the scope needs to be expanded.
F. Police Chief's Report: Mr. Bergren presented the Police Chief's Report for May, 2007.
Public Remarks: None.
Special Presentations: None at this meeting.
Liaison and Agency Reports:
· Mr. Devine: Noted that he met with the representative from Bennett Yarger Associates.
· Ms. Engel: Noted that this weekend is Old Home Days.
· Mr. Berlin: Nothing to report at this meeting.
· Mr. Dostaler: Reported that the Zoning Board of Appeals granted a variance for an addition due to the owner having to move their water source. He was not notified of the Board of Finance Meeting held on July 2, 2007.
· Chairperson Walck: Nothing to report at this meeting.
· Mr. Johnson: Nothing to report at this meeting.
· Mr. Minnick: Nothing to report at this meeting.
Reports of Committees & Commissions:
A. Inter-Board Liaisons:
Mary Ann Dostaler, Chairperson of the Economic Development Commission, requested if there are any updates to the water situation at the Brookside Complex that EDC be advised.
Communications and Announcements:
Ms. Engel re-iterated that Old Home Days will be held July 12th, 13th and 14th. She reviewed the schedule for the weekend. Chairperson Walck thanked all who have given their time to make Old Home Days a success.
Bids & Contracts: None at this meeting
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 Dump Truck and Sidewalk Bonds for Town Meeting: Ms. Walck made a motion to authorize the Town Manager and Finance Director to direct Bond Counsel to draw up bond authorization resolutions for the Council/Board of Finance and Town Meeting to take action upon the Public Works dump truck and sidewalk projects as proposed in the Town's capital plan for fiscal 2007-2008. Seconded by Mr. Devine. So voted (7-0).
B. Consider, Discuss and Take Possible Action on Professional Consultants Pertaining to Water System: Through consensus the Council will table this issue to a future meeting.
C. Tax Abatement for Pecausett Trail, Lot 5 and 5A Road: Mr. Berlin made a motion based upon the recommendation from the Collector of Revenue, to approve the abatement for Pecausett Trail Lot 5 and 5A roadway. Seconded by Mr. Engel. So voted (7-0).
Old Business: None at this meeting.
Public Remarks: None.
Reserved: None at this meeting.
Adjournment: A motion was made by Mr. Devine, seconded by Mr. Berlin, to adjourn the meeting at 6:53 p.m.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Alan H. Bergren
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East Hampton Town Council
Regular Meeting
Minutes
Tuesday, July 24, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Robert Berlin, Kyle Dostaler, William Devine (left at 7:15 pm), Melissa Engel (left at 6:55 pm) and Scott Minnick. Ms. Engel and Mr. Devine left early to attend another meeting. Also present was Town Manager Alan Bergren; Recording Secretary Cathy Sirois; members of various Boards and Commissions and a small number of citizens.
Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 6:31 pm. All stood to recite the Pledge of Allegiance.
There was a request from Alan Bergren to enter Executive Session to discuss property acquisition. Mr. Johnson made a motion to amend the agenda to move Item 16-Reserved to Item 2 to discuss a property acquisition. Seconded by Ms. Engel. So voted (7-0).
Mr. Johnson moved to enter Executive Session at 6:35 pm to discuss a property acquisition. Seconded by Mr. Dostaler.
The Council exited Executive Session at 6:45 pm.
Approval of the minutes:
A. Town Council Special Meeting, July 10, 2007: A motion was made by Mr. Berlin, seconded by Mr. Minnick, to approve the minutes of the Town Council Special Meeting of July 10, 2007 as written. So voted. (7-0).
B. Town Council Regular Meeting, July 10, 2007: A motion was made by Ms. Engel, seconded by Mr. Johnson, to approve the minutes of the Town Council Regular Meeting of July 10, 2007 as written. So voted (7-0).
Report of the Town Manager:
A. Christopher Brook Update: Mr. Bergren reported that IWWA sent correspondence to the third party inspectors for information. Their response is expected by the end of this week. Following receipt and consideration of that information by the Commission will determine the next steps to be taken. The Vice Chair has had the opportunity and will continue to have the opportunity to have the assistance of legal counsel to follow through properly on procedure. Also a site report dated 7/20/07 from the inspection after the rainstorm was provided to the Town Manager's office.
B. Brookside Barrels Status: Mr. Bergren noted that the DEP inspector reported that the owner of the complex called him on Monday to report he has retained Kropp Environmental to remove the barrels on Monday and Tuesday, July 30th and 31st. The Town Attorney provided an email conversation with the inspector. Mr. Minnick asked if town inspectors will be present. Mr. Bergren indicated that he would notify them so they can witness the removal.
C. Birmingham Utilities ESA Modifications re: Mutually Agreeable Rescission of ESA Agreement: Mr. Bergren indicated that he met with representatives of Connecticut Water, the new owners of the eastern division assets of Birmingham Utilities, and a representative of Birmingham to discuss this requested action and to discuss the changeover in management. A copy of the Council's motion was given to both parties, and they will review the details and contact the Town Manager. The actual transfer of ownership will occur toward the end of the calendar year. Both parties indicated that they want to continue a good working relationship with the town. Mr. Devine questioned whether we will be able to supply water to Marlborough in the future. Mr. Bergren indicated at present the wells we have will supply enough water for the
planned water system. This would have to be researched in the future. Mr. Johnson noted the Council would like to have a clarification on Birmingham/CT Water's position by the Town Council Meeting on August 14, 2007.
D. Status and Timeline of Rt. 151 Traffic Study: Mr. Bergren reported that recommendations from TPA have been distributed. The next step would be to hold a meeting for public input for the stakeholders of Rt. 151 to finalize the report thereafter and submit same to DOT for consideration. Mr. Bergren has been coordinating this process with Liz Harris in the Village and Val Ferro of TPA. Mr. Johnson indicated that the Council would like Mr. Bergren to have a meeting with Liz Harris and Val Ferro to begin preparatory work for a public meeting. Mr. Johnson also indicated that the Council would like a set of recommendations for the next step.
E. Status of Middle Haddam School Engineering Study: Mr. Bergren provided a copy of the architect's report and also sent the report to the Middle Haddam Association for commentary. Some changes to the floor plan were sent to Council. Mr. Johnson asked that the Town Manager's office meet with the Middle Haddam Association to give them an opportunity to review and comment. Also he would like a meeting set up with Friar Associates and members of the Middle Haddam Association to discuss the preliminary drawings and take it to the next step. The Council would like this accomplished in the next few weeks. The Council would like a status report at the next Town Council meeting.
F. Maguire Group Status: Mr. Bergren reported that the Maguire Group, through Sebastian Amenta, is preparing the cost estimate to get us up to and through the referendum. A map was prepared reflective of Modified 4.2. This next amendment will be #11 and will include a public information proposal, any other presentations covering questions on design, engineering, etc., as well as their representation at meetings as required by the Town. The Finance Director is verifying the status of available remaining funds. There was discussion regarding the modification of the loop being added to the plan. Mr. Johnson asked if Maguire Group could be encouraged to have the information prior to the next Council meeting.
G. Status and Distribution of Annual Report: Mr. Bergren noted that the 2005 - 2006 annual report is on the town website. Also limited hard copies are available at the Town Hall and a supply will be sent to the Library. Copies are being printed as they are needed. A notice has been sent out to staff to begin working on their 2006-2007 annual report information so the latest report can be produced in an earlier timeframe.
H. Water Tower Demolition Status: Mr. Bergren indicated as previously reported we are waiting for the State Department of Economic and Community Development to process the paperwork. Mr. Bergren will contact the DECD to determine the status.
I. Status Regarding Demolition or Reconstruction of L&L Building: Mr. Bergren reported that the owners are working with their insurance carrier to settle the claim. The owners want to remove the entire structure, not a portion of it. They are keeping the Building Department and a liaison of EDC apprised of their progress. There was discussion on the safety and security of the property. Mr. Bergren indicated he will check with the Fire Marshall on the status of the property.
J. Police Chief and ZEO Reports: Mr. Bergren provided copies of the Police Chief's report for June and the ZEO report for June.
Public Remarks:
Patience Anderson, 17 Anderson Way: She has a concern at certain land use board meetings that the opportunity for public remarks is being squelched. She also questioned whether there is a significant difference between public remarks and the public hearing portion of a land use meeting. She asked whether this issue could be addressed by the Council and maybe share the information with the various land use boards in an effort to help them be more responsive to public input.
Robert Foberg, 81 Charles Mary Drive: He made a comment on Alan Bergren's dismissal. He also questioned the plans for the property of the former Mr. D's Restaurant.
Irene Curtis, Wangonk Trail: She had remarks about the land use boards approving various areas such as Belltown Square, the car wash and Angelico's. She has concerns that important documentation is not being exchanged between land use boards, between land use boards and the developers and between the land use boards and people that are brought in for infractions. She feels this is a detriment to the town.
Special Presentations: None at this meeting.
Liaison and Agency Reports:
· Mr. Devine: Not present at this time.
· Ms. Engel: Not present at this time.
· Mr. Berlin: Nothing to report at this meeting.
· Mr. Dostaler: Nothing to report at this meeting.
· Chairperson Walck: Attending the Streetscape meeting where they discussed Phase I of the
Streetscape Initiative.
· Mr. Johnson: Nothing to report at this meeting.
· Mr. Minnick: Nothing to report at this meeting.
Reports of Committees & Commissions:
A. Inter-Board Liaisons: Mary Ann Dostaler, Chairperson of the Economic Development Commission, reported that seven proposals were received for the Economic Development Consultant. EDC is in the process of evaluating the proposals. They will bring in three consultants for interviews and hope to bring a recommendation to the Council at the August 14, 2007 meeting.
B. Appointments to Design Review Board, Economic Development Commission and Redevelopment Agency:
Design Review Board: Mr. Dostaler reviewed the intent of the Design Review Board. Mr. Dostaler made a motion to appoint Scott Hill, Kevin Burnham, Michael Allstadt, Linda Axline and Diana Marsh as full members to the Design Review Board. Seconded by Mr. Minnick. Per Chairperson Walck's request, Mr. Dostaler provided a brief background on each of the appointees. So voted (5-0).
Mr. Dostaler made a motion to appoint MaryAnn Ciriello and Gary Hall as alternates to the Design Review Board. Seconded by Mr. Minnick. Mr. Dostaler provided a brief background on these two appointees. So voted (5-0).
Mr. Dostaler indicated that based on recommendations made by the Town Manager, five individuals that have applied for the Redevelopment Agency would be qualified to serve. Mr. Johnson made a motion to appoint David Terry, Daniel Wolfram, Scott Bristol and Ron Buccilli. Seconded by Mr. Minnick. So voted (5-0). Mr. Dostaler indicated that there will be questions that need to be answered in the near future regarding the Redevelopment Agency and the Brownfields Committee.
Mr. Johnson made a motion to appoint MaryAnn Dostaler to the Redevelopment Agency based on the recommendation made by the Town Manager. Seconded by Ms. Walck. So voted (4-0-1) (Mr. Dostaler abstained).
Mr. Dostaler made a motion to appoint Richard Leone to the Economic Development Commission to a term that expires December, 2011. Seconded by Mr. Minnick. So voted (5-0).
Communications and Announcements:
Mr. Bergren announced that the Town Council will call a Town Meeting on Monday, August 6, 2007.
Bids & Contracts:
Mr. Johnson made a motion to amend the agenda to include an item to award the contract for the masonry restoration at the Middle School and Company #1 Firehouse. Seconded by Mr. Dostaler. So voted (5-0). Mr. Bergren reviewed the masonry restoration bids for the Middle School and Company #1 Firehouse. Based on a memo from Mr. Frank Grzyb, Facilities Manager, he recommended awarding the contract to the lowest qualified bidder, Sherwood Restoration for $34,000. Mr. Johnson made a motion to award the contract for masonry restoration at the Middle School and Company #1 Firehouse to Sherwood Restoration for $34,000. Seconded by Mr. Berlin. So voted (5-0).
Financial Transactions:
None at this meeting.
Tax Refunds:
None at this meeting.
Resolutions / Ordinances / Proclamations:
A. Resolution Regarding Subcommittee Postings and Minutes Procedure: Mr. Dostaler requested this item be tabled to the next meeting. He is awaiting word from the Town Attorney on this item.
B. Bond Resolution for Dump Truck and Sidewalks: Mr. Bergren reviewed the following bond resolutions for the dump truck and the sidewalks and answered questions from the Council:
RESOLVED, that the Town Council recommends that the Town of East Hampton appropriate $410,000 for costs with respect to the replacement of sidewalks on all or portions of Lakeview Street, Walnut Avenue, Barton Hill Road, North Maple Street, West High Street and such other locations as may be determined by the Town Manager; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $410,000 to finance the appropriation. The appropriation may be spent for design, construction and installation costs, engineering fees and administrative costs, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project, including related appurtenances and improvements.
FURTHER RESOLVED, that the Town Council hereby authorizes the Chairman of the Town Council to call a Special Town Meeting to be held August 6, 2007 at East Hampton High School, 15 North Maple Street, in East Hampton, at 7:00 p.m., to act upon the foregoing recommendations.
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RESOLVED, that the Town Council recommends that the Town of East Hampton appropriate $150,000 for costs with respect to the acquisition of a dump truck and related appurtenances and equipment for use by the Public Works Department; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $150,000 to finance the appropriation. The appropriation may be spent for acquisition and installation costs, administrative costs, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project.
FURTHER RESOLVED, that the Town Council hereby authorizes the Chairman of the Town Council to call a Special Town Meeting to be held August 6, 2007 at East Hampton High School, 15 North Maple Street, in East Hampton, at 7:00 p.m., to act upon the foregoing recommendations.
Mr. Johnson made a motion to approve the resolutions for the dump truck and the sidewalks. Seconded by Mr. Berlin. So voted (5-0).
C. Call of the Town Meeting, August 6, 2007: Chairperson Walck waived the reading of the call of the Town Meeting. Mr. Bergren explained that document was prepared by bond counsel. The Town Counsel members signed the original document. A vote was taken to approve the call of the Town Meeting. So voted (5-0).
New Business: Mr. Johnson made a motion to amend the agenda to consider, discuss and take possible action regarding general standards for public comments at public hearings. Seconded by Mr. Minnick. So voted (5-0). Mr. Johnson suggested the Town Attorney look at the issue of what are the appropriate parameters of a public hearing as opposed to public remarks. By consensus of the Council, it was agreed that Mr. Bergren will contact the Town Attorney to look at this issue.
Old Business:
A. Discussion on Drafts of Arts & Cultural Commission Ordinance: Mr. Minnick presented a revised copy of the drafts of Arts & Cultural Commission Ordinance. He asked that the Council review the document for review at a future Council meeting.
Public Remarks:
Mary Ann Dostaler, Chairperson of the EDC, noted that the Mr. Bergren related to EDC that the lease has been terminated for 13 Watrous Street. Ms. Dostaler would like to request a workshop with the Town Council, EDC and Brownfields Committee to discuss the future use for the building. Also related to the sidewalk project, there were discussions at the last EDC meeting regarding Phase II of the Streetscape Program. They are considering applying for a second STEAP grant that could help augment funding for sidewalks in the triangle area on Lakeview Street. She also thanked the Council for appointing Mr. Richard Leone to the Economic Development Commission.
David Terry, 37 Daniel Street and Chairman of the Brownfields Steering Committee, thanked the Council for the appointment to the Redevelopment Agency. He is concerned about the Redevelopment Agency and the Brownfields Steering Committee merging at this time. He does not want to lose momentum on the three active grants going on at this time. Also, he would like to request a workshop with the Town Council to discuss the function, duties and structure of the Redevelopment Agency and how that agency will interface with other agencies within the Town.
Reserved: None at this meeting.
Adjournment: A motion was made by Mr. Dostaler, seconded by Mr. Berlin, to adjourn the meeting at 8:16 p.m.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Alan H. Bergren
***********************************
East Hampton Town Council
Special Meeting
Minutes
Tuesday, August 14, 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 6:00 p.m. Other council members present were Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel and William G. Devine (entered 6:06pm). Absent were Vice Chairman Derek M. Johnson and Robert J. Berlin.
EXECUTIVE SESSION - POSSIBLE LAND ACQUISITIONS
Ms. Engel made a motion to enter into Executive Session. Seconded by Mr. Dostaler. So Voted 4-0.
Exited Executive Session at 6:18 p.m.
ADJOURNMENT
Ms. Engel made a motion to adjourn the meeting at 6:18 p.m. Seconded by Mr. Dostaler.
Minutes prepared from notes taken by Alan H. Bergren, Town Manager.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Town Manager, Alan H. Bergren
*******************************************
East Hampton Town Council
Regular Meeting
Minutes
Tuesday, August 14, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck and members Kyle Dostaler, William Devine, Melissa Engel and Scott Minnick. Also present was Town Manager Alan Bergren; Recording Secretary Cathy Sirois; members of the press and a large number of citizens.
Absent: Vice Chairman Derek Johnson and Robert Berlin.
Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 6:30 p.m. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
A. Town Council Regular Meeting, July 24, 2007: A motion was made by Mr. Minnick, seconded by Mr. Devine, to approve the minutes of the Town Council Regular Meeting of July 24, 2007 as written. So voted (5-0).
Special Presentations:
Kim Fontaine made a presentation regarding the Youth Jam 2007 Event to be held August 18 & 19, 2007 at Center School. A request was made to waive the fees for the police presence at this event.
Mr. Devine made a motion to move Items 12B and 13C on the agenda to this point in the agenda. Seconded by Ms. Engel. Consensus.
Mr. Dostaler read a letter received from Vice Chairman Derek Johnson in favor of waiving the fees for the police officers.
Ms. Walck read the Proclamation for Invest in Connecticut Youth Weekend - August 17-19, 2007. Mr. Devine made a motion to the proclamation. Seconded by Mr. Dostaler. So Voted (5-0).
Ms. Engel made a motion to waive the fees for police protection for the Youth Jam event in accordance with Chief Reimondo's suggested number of police officers. Seconded by Mr. Devine. So Voted (5-0).
Public Remarks:
Susan Wielgosh, 79 North Main Street read a letter regarding noise pollution and noise control and the need for a noise ordinance. A packet of documents was given to Chairperson Walck citing her references.
A letter received via email from Cindy Rooth of 70 Viola Drive was read pertaining to noise issues near Valli Estates.
A letter received from Michael Goral of 5 Lake Blvd (received in the packet from Susan Wielgosh) was read pertaining to noise issues near his home.
Irene Curtis, Wangonk Trail indicated that the noise from North Main Street can be heard across the lake. She also commented on the noise from motorcycles. She is in favor of a noise ordinance in town.
Lori Weech, 41 Cone Road indicated there are noise issues on Cone Road as well due to motorcycles speeding, doing wheelies and revving their motors at all hours of the night. She is in favor of a noise ordinance. She is concerned too about possible accidents due to the rate of speed of the motorcycles on Cone Rd.
Phil Wielgosh, 79 North Main Street spoke about noise issues being at the police department's discretion to control. He is in favor of a noise ordinance as it will give the police the power to keep the noise down. He spoke to a policeman and indicted if he had a noisy muffler would he get a ticket - why aren’t the noisy motorcycles under the same discretion. He spoke about purchasing decibel meters. He indicated that loud motorcycles, quads and boat owners appear to have more rights than the people in their homes.
Ann Garwood, 2 Barbara Avenue read a letter regarding the noise issues at Angelico's Restaurant.
Glen Wood, 26 Lakeview Street spoke about the new Belltown Square development regarding lighting pollution as well as noise pollution. The lights at the new bank's drive thru window area shine like beacons into his windows. He is concerned about the amount of cars and later hours anticipated at the new CVS. He would like to see the town address the issues of a better buffer between commercial and residential properties.
Francis Klein, 12 Bellevue Street indicated she attended a meeting over a year ago requesting a noise ordinance particularly due to the music and traffic and music at Angelico's. She does not live as close as others to Angelico's but she can still hear the noise quite clearly. Her other issue is a safety concern regarding the parking of cars very close to the building and the number of cars in the parking area and parked on the lawn as well. If there were ever a fire she is concerned that the fire department would not be able to access the building properly. She is also concerned about the traffic on Lake Blvd which is a one way street part way up and cars go the wrong way on the street. She is in support of a noise ordinance, she would like to have the parking capacity looked at and would like to see the fire
safety aspect inspected.
Joe Arsenault, 18 Lake Blvd agrees with Mr. Goral and the others regarding noise. He also indicated that there are very bright lights in the parking area that shine into their homes. He also noted the motorcycle noise issue at Angelico's.
Richard D'Angelo, 59 North Main Street mentioned the cars parked on the lawn at Angelico's. He noted the noise issue from the motorcycles on North Main Street.
Chairperson Walck called for a break at approximately 7:05 p.m. The meeting resumed at 7:18 p.m.
Report of the Town Manager:
A. Christopher Brook Update: Mr. Bergren reported that IWWA received correspondence from the third party inspectors on information the Commission requested. The members of the Commission have that information and are reviewing same. They will give due consideration to the information provided and they will determine the next steps to be taken. The Vice Chair continues to have the opportunity to access the assistance of legal counsel to follow through on procedure.
B. Brookside Complex Barrels Removal - Update: Mr. Bergren noted that the DEP inspector reported that the owner of the complex indicated the removal of all the liquids. There are still some remaining solids that need to be removed this week. The DEP is awaiting copies of the shipping manifests. A memo from the Town Attorney who spoke to the inspector was read regarding this matter.
C. Birmingham Utilities ESA Modification Update – Mr. Bergren indicated as previously reported a copy of the Council’s motion was given to both Birmingham and their planned successor utility Connecticut Water. Since Birmingham is still the water utility operator/owner until the transfer of assets takes place later this year, they, through their president, will be responsible for responding. Due to vacations, the president of Birmingham was unavailable to get back to him. He is expecting that he will get in touch upon his return. Mr. Devine presented a letter to the Council regarding the ESA Modification.
D. Status and Timeline for Progress of Rt. 151 Traffic Study – Mr. Bergren stated that a public meeting for input for the stakeholders of Rt. 151 is tentatively scheduled for September 12th from 7 PM - 9 PM. in the Town Hall meeting room. Thereafter our consultants will finalize the report and submit same to the Council. Thereafter, with Council approval, they will submit the final report to DOT for consideration. The process has been coordinated with Liz Harris in the Village and Val Ferro of TPA.
E. ZEO / WEO Reports - Mr. Bergren presented the ZEO and WEO reports for the month of July.
F. Staff Meeting Update - Mr. Bergren reported that at the last staff meeting the Freedom of Information Act training was conducted for Department Heads by FOI Training Officer Thomas Hennick. The 2006-2007 annual report preparation was discussed. The closeout of the 2007 fiscal year was reviewed. The utilization of laser fiche in the Town Clerk’s office was discussed. The new tax program was discussed and some of the initial issues of getting out the bills were reviewed. The numbers of social service cases was mentioned. The building department is involved with a number of new home inspections. Facilities management reviewed the number of summer projects to be accomplished. The status of the planned new web page was discussed. Also code of ethics training for department heads is being scheduled for later
this month.
G. Department of Health – Consent Order Extension Update - Mr. Bergren reported that the Department of Health has indicated that the Town may file a formal request for a deadline extension of Item 5D of the Consent Order. Ms. Walck asked about the Main Street Bridge, Flanders Road and the Viaducts - Mr. Bergren indicated that the bridge work is in the design stage. Flanders Road survey work is being done and it will then go to the engineering stage. Hopefully in the spring the road work will begin. There is a slow up on the Lyman Viaduct. The Rapallo Viaduct may be repaired prior to the Lyman Viaduct. The sink hole is still fenced in.
H. Other - Recommended Applicant to the Redevelopment Agency: Mr. Bergren reviewed an application from William DeMore for appointment to the Redevelopment Agency. His expertise would be an asset to the Redevelopment Agency. Mr. Dostaler made a motion to add item 13D to the agenda to consider, discuss and take possible action on the Town Manager's recommendation of William DeMore to the Redevelopment Agency. Seconded by Mr. Minnick. So Voted (5-0). Mr. Dostaler also indicated that an email was received from Jeff Jylkka to add a motion to the agenda to request that the Board of Finance recommend an additional appropriation for Bennett Yarger Association in the amount of $24,500. Ms. Engel questioned why this request was made. Mr. Dostaler indicated that it needs to be put onto the Board of Finance agenda if approved
by the Council. Mr. Dostaler made a motion to add this as agenda item 13E. Seconded by Mr. Minnick. Motion does not pass (3-2) (Mr. Devine and Ms. Engel against).
Liaison and Agency Reports:
· Mr. Devine: Nothing to report at this meeting.
· Ms. Engel: Nothing to report at this meeting.
· Mr. Berlin: Not present at this meeting.
· Mr. Dostaler: Reported that he attended the Town Meeting on August 6, 2007. The sidewalk bonding was approved but the dump truck bond was tabled. Mr. Devine recommended that more information be given to the public prior to the dump truck bond being brought to a Town Meeting again.
· Chairperson Walck: Nothing to report at this meeting.
· Mr. Johnson: Not present at this meeting.
· Mr. Minnick: Nothing to report at this meeting.
Reports of Committees & Commissions:
A. Inter-Board Liaisons: None at this meeting
Communications and Announcements:
The Youth Jam will be held on August 18 & 19, 2007 at the Center School grounds.
Mr. Devine read the letter he presented to Council regarding the Birmingham ESA modification.
Bids & Contracts:
A. Rosco Roller Bid: Mr. Bergren reviewed the roller bids received and answered questions from the Council. Mr. Dostaler made a motion to approve the recommendation of Robert Drewry, Superintendent of Public Works on the bid from Able Tools & Equipment in the amount of $10,680 for the roller. Seconded by Ms. Walck. So Voted (5-0).
Financial Transactions: None at this meeting.
Tax Refunds: None at this meeting.
Resolutions / Ordinances / Proclamations:
A. Chairperson Walck waived the reading of the resolution for the Leukemia, Lymphoma & Myeloma Awareness Month. Mr. Devine made a motion to approve the Resolution for the Leukemia, Lymphoma & Myeloma Awareness Month. Seconded by Ms. Engel. So Voted (5-0)
New Business:
A. Town Council/Brownfields Sub Committee Workshop Date: Mr. Bergren indicated that the workshop is tentatively scheduled for Tuesday, August 21, 2007 at 7:30pm in the Town Hall Annex. Approved by consensus.
B. Tax Abatement for Terp Road Property Conveyed to Town: Mr. Bergren reviewed the abatement request for Terp Road, M/B/L: 06/14/T-1. Ms. Walck made a motion to approve the tax abatement for Terp Road, M/B/L: 06/14/T-1. Seconded by Mr. Minnick. So Voted (5-0).
C. Consider, Discuss and Take Possible Action on the Appointment of William DeMore to the Redevelopment Agency: Mr. Dostaler made a motion to appoint William DeMore to the Redevelopment Agency based upon the recommendation of the Town Manager for a 2 year term. Seconded by Mr. Minnick. So Voted (5-0). Mr. Dostaler indicated that there will now be one opening left for a one year term on this agency. Mr. Bergren indicated there is a tentative organization meeting of the Redevelopment Agency scheduled for Thursday, September 6, 2007.
Old Business:
A. Consider, discuss and take possible action on Amendment 12 from the Maguire Group. Mr. Bergren reviewed an email from Vice Chairman Johnson on this subject in his absence. Mr. Bergren provided additional information on Amendment 12. It is recommended not to approve Amendment 12 until all questions are answered. Ms. Engel made a motion to postpone action on Amendment 12 to the next Town Council Meeting. Seconded by Mr. Devine. So Voted (5-0).
B. Consider, Discuss and Take Possible Action on Proposed Policy Regarding Sub Committee Meetings, Including Appointments Sub Committee: Mr. Dostaler explained that the policy proposed to be adopted will remedy the issues of the Appointments Sub Committee and the FOI complaint of Simko vs. Appointment Sub Committee. He has spoken with the Town Attorney, Jean D'Aquila who has reviewed this matter. This policy will answer many questions that have been posed and will set up a process. This policy will be helpful for this Town Council and future Town Councils. If this policy is adopted, the FOI complaint of Simko vs. Appointment Sub Committee will be resolved. Mr. Dostaler read the following policy into the record.
"The Town Council of the Town of East Hampton acknowledges that the Freedom of Information Act of the State of Connecticut, Connecticut General Statutes Section 1-200 et seq., (“the FOIA”) provides that the same rules apply to meetings of a subcommittee of a public agency board or commission as apply to a public agency board or commission. For example, an agenda must be posted in advance of the meeting within the time prescribed by the FOIA and minutes must be prepared and made available to the public within the time prescribed by the FOIA.
The Town Council of the Town of East Hampton further acknowledges and agrees that it will not have any further meetings of the Appointments Subcommittee without providing agenda and minutes as referenced above, whether the meeting of the Subcommittee is conducted by a single or multiple members of the Subcommittee. In addition, the Appointments Subcommittee will properly conduct executive sessions, as applicable, pursuant to the FOIA."
Mr. Dostaler made a motion to approve the policy above that was read into the record. Seconded by Mr. Devine. So Voted (5-0).
Public Remarks:
Mr. Devine indicated that he is not able to make it to the Ad Hoc Personnel Committee Meeting on August 16, 2007. Ms. Walck will provide all information to Mr. Devine.
Irene Curtis, Wangonk Trail asked which agency handles the Terp Road property that was conveyed to the Town. Mr. Bergren indicated that the Parks and Recreation Department handles that area.
Reserved: None at this meeting.
Adjournment: A motion was made by Mr. Dostaler to adjourn the meeting at 8:06 p.m.
Respectfully submitted,
Cathy Sirois Administrative Secretary to Alan H. Bergren
****************************
East Hampton Town Council / Brownfields Committee
Workshop
Minutes
Tuesday, August 21, 2007, 7:30 p.m.
Town Hall Annex Meeting Room
Present: Town Council Chairperson Alison Walck and members Kyle Dostaler and Scott Minnick (left at 8:20 pm); Brownfields Sub Committee Chairman David Terry and members Scott Bristol, Kay Willson (arrived at 7:42 pm) and Dan Wolfram. Also present was Town Manager Alan Bergren and Recording Secretary Cathy Sirois.
Call to order: Chairperson Alison Walck called the meeting to order at 7:39 p.m.
Discuss end uses for Brownfields properties on Watrous Street, Main Street and Walnut Avenue: David Terry, Chairman of the Brownfields Steering Committee submitted the following to the Town Council pertaining to the workshop:
The purpose of this workshop was to discuss the potential end-uses of the Town-owned properties located at 13 Watrous Street, 103 Main Street and Walnut Avenue (aka the Water Tower Parcel). The Brownfields Steering Committee requests formal direction from the Town Council on the end-use of these properties to facilitate initiation of remedial design under the current Brownfields Cleanup Grants for the 13 Watrous Street and 103 Main Street properties. The Committee also requests direction from the Town Council regarding the end-use of the Water Tower Parcel because this will affect the appropriation of Environmental Assessment Grant funds that could be used on this property or for other purposes. Below is a list of recommendations from the Committee pertaining to the end-use of each property based upon the
discussion held during the workshop. The Brownfields Committee requests that the Town Council review the recommendations below and provide the Committee with the Council’s concurrence (if in agreement), or if not in agreement, provide specific desired end-uses for the properties. Also discussed below, the Brownfields Committee seeks formal direction on how to appropriate the current Assessment Grant funds and list a couple of action items for the Town to implement, assuming the Town Council concurs with their recommendations. As mentioned above, timeliness is critical because decisions need to be made to meet a public information meeting deadline of 14 September 2007 as required by the USEPA.
13 Watrous Street
End-use recommendation
· Demolition of the structures on the property
· Conversion of the property to a paved parking lot
Rationale/Discussion
The existing building at 13 Watrous Street has no apparent economic, structural, or architectural value. The building essentially is contributing to the blight in the area and in the recent past has cost the Town substantial sums of money as the property has been subject to improper uses, disposal of debris, and spillage/ dumping of gasoline. Removal of the building and associated blight would fulfill the USEPA’s goal of providing beneficial re-use to the community by improving the general condition in the area through removal of a structure that is only suited to marginal light industrial uses incongruously adjoining a residential neighborhood. Removal of the building would prevent future potential uses that could cause environmental releases thereby degrading the quality of life of the adjacent residents.
Further, the removal of the existing building will very likely reduce the costs of conducting the environmental cleanup of the subsurface contamination. An end-use of a parking area is preferred because the pavement would constitute the environmental cap necessary to cost effectively remediate the site to CTDEP standards.
103 Main Street
End-use recommendation
· Parking facility for the adjoining Community/Senior Center
· Installation of a handicapped-accessible pedestrian bridge across Pocotopaug Creek
· Installation of a green buffer zone at the back portion of the parcel to serve two purposes
- As a natural storm water runoff mitigation strip to prevent runoff directly to Pocotopaug Creek
- As a potential area that could be used to link a greenway to the Airline Trail extension
Rationale/Discussion
Installation of a parking facility and an engineered green buffer zone is consistent with economically remediating the property to meet the CTDEP environmental cleanup standards. The recommended use would fulfill the USEPA’s brownfields goals of providing a beneficial re-use to the community because there is a distinct need of additional accessible parking for the Senior Center. In addition, by incorporating the green buffer strip into the re-use, potential storm water runoff into the creek would be mitigated. The green buffer strip would provide for future establishment of a greenway winding through the Village Center along the alignment of Pocotopaug Creek, thereby improving the environmental character and setting of the community.
Walnut Avenue Water Tower Parcel
End-use recommendation
· Remove Water Tower and associated Structures
· Redevelop property as a park
Rationale/Discussion
The property includes Pocotopaug Creek and a mill-era impoundment. In addition, the land surface slopes steeply upward from Walnut Avenue to the north. The presence of the creek, impoundment, and steep topography limit the potential for re-use of the property by placing a structure on the property. The property is situated centrally in the Village Center and reuse as a park would enhance the quality of life and aesthetic value of the Village Center. By re-using the property as a park, the USEPA’s goal of beneficial reuse to the community would be fulfilled. In essence, this recommended end-use constitutes a true Brownfields success – conversion of a former industrial use to an open space, park use. Establishment of a park at this location would also be beneficial to the Town because it would be a
relatively short-term Brownfields success story that USEPA, the Town, and State could use as a Showcase for Brownfields success in a small town. Such a showcase project would be viewed favorably when applying for additional Brownfields and other redevelopment/revitalization funding sources.
Brownfields Assessment Grant Direction
Also discussed during the the workshop was whether the Town Council thought it prudent for the Committee to focus the majority of the newly-awarded Assessment Grant on conducting a Phase III Environmental Site Assessment (ESA) and preparing a Remedial Action Plan (RAP) for the Water Tower Parcel. By focusing our Assessment Grant efforts on the Water Tower Parcel, the Committee can accelerate the process of converting the Water Tower Parcel to a park. In general, this would be viewed favorably by the USEPA because it would allow a complete transformation of a property that could be showcased as a brownfields success story in a small community. Alternately, the Committee could apply the Assessment grant funds to multiple privately owned properties when, or if, access could be obtained to those properties (e.g.
Brookside). By doing this, we would effectively be furthering the knowledge of the overall impacts in the Village Center, but would also delay the completion of a park at the Water Tower parcel. Therefore, the Committee requests that the Town Council provide direction as to whether we should focus the Assessment Grant funds on the Water Tower parcel at this time.
Action Items
1. Demolition Cost Estimates - If the Town Council agrees that the existing building at 13 Watrous Street needs to be demolished, then the Committee recommends that the Town obtain demolition cost estimates and pursue possible funding sources to address the demolition costs, which cannot be covered as part of the Brownfields Cleanup Grant. In addition, the Town Council could simultaneously pursue demolition cost estimates for the removal of structures on the Water Tower Parcel, although these costs are not currently required because the environmental assessments and remediation design are not yet completed.
2. Public Information Meeting Prep - To facilitate the public information meeting process, the Town Council should retain TPA Design Group to modify existing photographs/figures to depict “before and after” images of each of the three properties. These graphics can be used during the public information meeting to be scheduled prior to September 14 to convey the proposed changes to the public.
Adjournment:
A motion was made by Mr. Dostaler to adjourn the meeting at 10:00 p.m.
Respectfully submitted,
Cathy Sirois Recording Secretary
*******************************
East Hampton Town Council
Regular Meeting
Minutes
Tuesday, August 28, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Robert Berlin, Kyle Dostaler, William Devine (arrived at 6:50pm), Melissa Engel and Scott Minnick. Also present was Town Manager Alan Bergren; Finance Director Jeffery Jylkka; Public Utilities Administrator Vincent Susco; William Murphy and Sebastian Amenta of Maguire Group; John Ciriello from the Lake Pocotopaug Commission; Recording Secretary Cathy Sirois; several members of other boards and commissions and several citizens.
Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 6:30 p.m. All stood to recite the Pledge of Allegiance.
Mr. Minnick made a motion to add an agenda item D to Old (Continued) Business entitled Continue Discussion of the Arts & Cultural Commission ordinance. Seconded by Mr. Berlin. So voted (6-0).
Approval of the minutes:
A. Town Council Special Meeting, August 14, 2007: A motion was made by Mr. Dostaler, seconded by Ms. Engel, to approve the minutes of the Town Council Special Meeting of August 14, 2007 as written. So voted (4-0-2) Mr. Berlin and Mr. Johnson abstained.
B. Town Council Regular Meeting, August 14, 2007: A motion was made by Mr. Minnick, seconded by Mr. Dostaler, to approve the minutes of the Town Council Regular Meeting of August 14, 2007 as written. So voted (4-0-2) Mr. Berlin and Mr. Johnson abstained.
C. Town Council/Brownfields Workshop, August 21, 2007: A motion was made by Mr. Dostaler, seconded by Mr. Minnick, to approve the minutes of the Town Council/Brownfields Workshop of August 21, 2007 as written. So voted (3-0-3) Mr. Berlin, Ms. Engel, Mr. Johnson abstained.
Special Presentations:
The special presentation by Josh Wilson of the Inland Wetland Watercourses Agency was postponed.
Public Remarks:
A. Fertilizer Ordinance - None
B. Other
Ted Morton, Walnut Avenue commented on the noise complaints from the last meeting. He is concerned about motorcycles that are very loud, also on Walnut Avenue there are many ATV's that speed and do wheelies. He is concerned that someone will be backing out of a driveway and hit an ATV that is speeding on the street.
Report of the Town Manager:
A. Middle Haddam School: Mr. Bergren reported that he met with the Middle Haddam Association on the use and draft layout of the building. He also met with the Probate Judge on her area and some changes are being addressed. He has contacted the Superintendent of Schools to go over the layout for the School Administrative offices. He is hoping to meet with her to finalize that shortly. Mr. Johnson asked if there have been any cost estimates prepared. Mr. Bergren said there were none at this time. He indicated that once the floor plan is set a cost estimate can be prepared. It is hoped that this could be done by mid-September.
B. ESA Modification: Mr. Bergren spoke on Monday with the President of Birmingham Utilities. As previously reported Birmingham is being succeeded by Connecticut Water. A lot of work is underway to complete the transfer of assets before the end of the calendar year. The President of Birmingham indicated he would be conferring with the successor utility, Connecticut Water, President to discuss our request. He will then be back in touch with Mr. Bergren. The President of Birmingham indicated the smooth and timely transition of assets before the end of the calendar year was a top priority for both companies and a lot of work needed to be accomplished; therefore a lot of energy has been focused on that initiative.
C. Status of Board of Finance Special Meeting for Bonding: Mr. Bergren reported that the Board of Finance was looking at Wednesday the 29th or Tuesday the 4th for a special meeting. Tentatively the Middle School Library Media Center has been booked for Tuesday, September 4th at 7:00pm. The Special Town Meeting preceding the referendum vote is scheduled for Monday October 29th. Mr. Dostaler asked if the Board of Finance has received all of the information they have requested. Mr. Bergren indicated that Mr. Susco provided additional information. Representatives from the Maguire Group and Mr. Susco will be available for the special meeting. If they require any further information it will be provided to them. Mr. Johnson requested that the Council be provided the additional information that was given to the Board of
Finance. Mr. Bergren provided that information during the meeting. It was noted that it is not new information it is a new memorandum of previously distributed information.
D. Brookside Solid Wastes Removal Status: Mr. Bergren noted that he is awaiting a further update from DEP next week on the removal of the solids that remain. The DEP inspector spoke to the Town Attorney on Monday and is waiting for an update report from the owner by next week. Mr. Johnson inquired if the timetable is on track and if any of the materials are hazardous on site. Mr. Bergren indicated that the DEP is behind the time table. The materials are contained in over-packs. He also noted that if the DEP found it to be hazardous they would have been removed in a more timely fashion.
E. Confirming Formal Letter of Extension on Consent Order for November 6th Referendum Date: Mr. Bergren indicated that the Letter from the State Department of Health is attached. Item 5d of the Consent Order will require us to request an extension of the compliance date to submit plans and specifications. Based on the timetable of a November vote, our engineers need to assist us in coming up with a new compliance date.
F. Status of Café Ordinance: Mr. Bergren reported that he and the Police Chief have been doing research as requested on possible ordinances for the Council’s review. They will submit their findings shortly. Ms. Engel asked for clarification on the Café Ordinance. Mr. Bergren explained that the Café Ordinance can regulate hours of operation and outdoor activities for restaurants. There is another ordinance that could regulate machinery noise timeframes. These ordinances would be a local ordinance. The town is working to obtain copies of similar ordinances from other towns. Mr. Johnson clarified that there could possibly be three ordinances - a café ordinance, a machinery and equipment ordinance and a noise ordinance.
G. Police Chief’s Report: Mr. Bergren noted that the Police Chief's monthly report is attached.
Liaison and Agency Reports:
· Mr. Devine: Nothing to report at this meeting.
· Ms. Engel: Nothing to report at this meeting.
· Mr. Berlin: Not present at this meeting.
· Mr. Dostaler: Reported that he attended the Board of Finance Meeting on August 20, 2007. There was a discussion of General Fund expenditures, the Board of Education budget and estimated revenues. The Water System bonding issue was tabled. Appropriations were approved for various grant matches, the Town Hall oil tank replacement and the retaining wall funds.
· Chairperson Walck: Reported that she attended the Streetscape Meeting on August 15, 2007. They had preliminary plans for the Rt 66 improvements and discussed traffic calming on Rt. 66. She also attended the Town Council/Brownfields Workshop on August 21, 2007. The end uses of 103 Main Street, 13 Watrous Street and 3 Walnut Avenue were discussed.
· Mr. Johnson: Not present at this meeting.
· Mr. Minnick: Nothing to report at this meeting.
Reports of Committees & Commissions:
A. Inter-Board Liaisons:
Mary Ann Dostaler, Chairperson of the Economic Development Commission reported that the new East Hampton Community Guide is finished and has been distributed. It is available at the Town Hall, the Library, Post Office and the businesses that are advertised in the guide. It is also available in visitor centers in various parts of the State to help draw visitors to town with the Airline Trail featured as a visitor draw. Ms. Dostaler also reported that EDC has narrowed their search for an EDC consultant down to two candidates. A special meeting will be held on Thursday, August 30, 2007 to make the final decision. Ms. Dostaler will request the chosen candidate make a brief presentation at the Town Council's first meeting in September.
B. John Ciriello of the Lake Commission spoke about the Fertilizer Ordinance. The Lake Commission thanked Edgemere Condominiums for stopping the use of fertilizer containing phosphorus for their property. The results of the survey conducted by the Lake Commission were reviewed. Mr. Dostaler asked if the Lake Commission will have an outreach to the area businesses so they are more aware of the proposed ordinance as it could affect their sales. Mr. Ciriello indicated they would like to work with the Town Council on the education for this ordinance. Ms. Engel noted that we can only make the businesses aware as we cannot control the business’ sales. Mr. Johnson asked whether the draft ordinance was fully reviewed by the Lake Commission and Inland Wetlands and Watercourses Agency. Both agencies have reviewed the
document. The document has not yet been distributed to the public. Ms. Engel asked about the enforcement of this ordinance. The ordinance explains that it would be Mr. Carey, the Wetlands Enforcement Officer. Mr. Ciriello feels it will be difficult to enforce but that if people are properly educated it would be easier to enforce, it would be more of a peer pressure factor. The Lake Commission is planning a course on lake issues to help educate residents. Mr. Johnson noted that this ordinance would cover the entire town, not just the Lake Pocotopaug watershed. Mr. Johnson also indicated that section 1.07 reads that no person shall sell or display fertilizer with phosphorus. He asked whether this been reviewed by the attorney? Mr. Bergren noted it was reviewed by the Town Attorney. The Council felt there should be more discussion on this ordinance regarding how this can be implemented and the enforceability. This ordinance will be further discussed at the next Town Council meeting.
Communications and Announcements:
A. Rt. 151 Traffic Study - Public Meeting will be held on Wednesday, September 12, 2007 in the Eaton E. Smith Town Hall Meeting Room at 7:00pm.
B. Household Hazardous Waste Collection Day will be held on Saturday, September 29, 2007 from 8 am to 1 pm at the Lawrence School, Mile Lane off Newfield Street, Middletown, CT. Mr. Bergren reviewed the list of acceptable and unacceptable items for disposal.
Bids & Contracts: None at this meeting.
Financial Transactions:
A. Transfer for Replacement of the Town Hall Oil Tank - $43,450: Mr. Johnson made a motion to approve the transfer for the replacement of the Town Hall oil tank for $43,450. Seconded by Mr. Dostaler. So voted (7-0).
Mr. Johnson made a motion to approve the following transfers:
B. Transfer for Retaining Wall Repairs - $71,915.
C. Transfer for EPA Grant Match - 103 Main Street - $40,000
D. Transfer of EPA Grant Match - Brownfields Assessment 2007 - $40,000
E. Transfer for Small Cities Grant - Water Tower Demolition - $30,000 Seconded by Mr. Berlin. So voted (7-0).
Tax Refunds: None at this meeting.
Resolutions / Ordinances / Proclamations:
A. Water System Resolution - This item will be discussed with Item A under New Business.
New Business:
A. Consider, Discuss and Take Possible Action on Bonding for Municipal Water System 4.2 Modified: The Council discussed the clarification of costs for the water project and the property easements with Mr. Susco, Mr. Murphy and Mr. Amenta. Mr. Johnson made a motion to adopt the resolution for the Water System Project with the addition of the optional provision included. Seconded by Mr. Minnick. So voted (7-0).
B. Consider, Discuss and Take Possible Action on Brownfields Recommendations for 13 Watrous Street, 103 Main Street and 3 Walnut Ave (Water Tower Property): Chairperson Walck made a motion to approve the Brownfields Steering Committee recommendations for 13 Watrous Street, 103 Main Street and 3 Walnut Avenue (memorandum attached). Seconded by Mr. Berlin. So Voted (7-0).
The Council noted that the Brownfields Steering Committee did a wonderful job and should be commended. Through consensus of the Town Council they will look to the Town Manager to work on the action items proposed in the Brownfields Committee memorandum.
Mr. Johnson made a motion that the Brownfields Committee should focus the Assessment Grant funds on the water tower parcel. Seconded by Mr. Dostaler. So Voted (7-0).
C. Consider, Discuss and Take Possible Action on Birmingham ESA Letter: Through consensus it was decided that this item will be discussed with Item C under Old Business.
Old Business:
Through consensus, Item B – Consider, Discuss and Take Possible Action on Amendment 12 from the Maguire Group was moved ahead of Item A under Old Business.
A. Consider, Discuss and Take Possible Action on Amendment 12 from the Maguire Group: William Murphy and Sebastian Amenta reviewed Amendment 12 and answered questions from the Council. The Maguire Group will choose a firm for the public relations portion of the project that can perform within the timeframe and budget noted. The public relations firm will provide a presentation at the Town Council meeting on September 11, 2007. Ms. Engel made a motion that the Town Council approve Amendment 12 as presented by the Maguire Group and authorize the Town Manager to sign the amendment. Seconded by Mr. Devine. So voted (7-0).
A five minute recess was held at this point.
B. Consider, Discuss and Take Possible Action on Appropriation for Bennett Yarger Associates: Mr. Dostaler made a motion to request the Board of Finance recommend an additional appropriation for Bennett Yarger Associates in the amount of $24,500 for current and future expenses. Seconded by Mr. Johnson. Mr. Devine questioned the costs. Mr. Dostaler explained that the costs include the contract cost for Bennett Yarger Associates and for fees associated with bringing the candidates to East Hampton for interviews. So voted. (6-1). Mr. Devine against.
C. Continue Discussion of ESA Modifications: Mr. Dostaler made a motion to postpone this item to the next meeting. Seconded by Mr. Minnick. So voted (6-1). Mr. Berlin against.
D. Discussion on Arts & Cultural Commission: Mr. Minnick asked that the Council review the draft of the Arts & Cultural Commission ordinance that was distributed on July 24th. It will be reviewed at the next meeting.
Public Remarks: Hunt Voelker, Chestnut Hill made note of the speeding, loud ATV’s as it is very dangerous. He mentioned that the police have indicated they cannot chase the ATV’s. He also questioned how much will water rights cost taxpayers?
Irene Curtis, Wangonk Trail asked about the statistics on accidents near Angelicos. The Town Manager will speak with the Police Chief on this question. She also asked about the size of the property on 103 Main Street and 3 Walnut Avenue.
Bunny Simko mentioned that she does not feel the police are pursuing the illegal use of ATV’s. She asked if there is a draft of the Café Ordinance. Mr. Bergren indicated there is no draft, it was just a discussion. It was noted it would be handled by the Police Department.
Ted Hintz, Keighley Pond Rd asked if Amendment 12 is coming from grant funds. Is it accurate that only the WPCA can approve grant dollars. Will this be approved through WPCA?
Mary Ann Dostaler, William Drive is hopeful that Josh Wilson will be available to attend the next meeting regarding the fertilizer ordinance. The EDC would be willing to have a workshop with the owners of landscape companies and businesses to have them understand the concept and impact.
Hunt Voelker, Chestnut Hill asked if parents can be responsible for their children on ATV’s.
Irene Curtis, Wangonk Trail noted that the area near the new bank and an area on Clark Hill was recently hydroseeded and that new lawns shouldn’t be exempted from the ordinance.
Mr. Johnson asked that the Town Manager coordinate with the WPCA on Amendment 12, that the Police Chief put together a locational study related to accidents over the last year and that the Town Manager have a conversation with the Town Attorney regarding examples of Café Ordinances from other towns. Also he asked that Mr. Bergren obtain copies of the study that was done related to the ESA. He would also like any opinions that the EDC or Planimetrics has on the ESA issue.
Ms. Walck mentioned possibly initiating an effort in the schools on ATV safety as an eye opener to parents.
Ongoing Litigation - Possible Executive Session: This item will be handled at Executive Session prior to the September 11, 2007 meeting at 6:00pm.
Adjournment: A motion was made by Mr. Berlin to adjourn the meeting at 9:05 p.m.
Respectfully submitted,
Cathy Sirois Recording Secretary
*************************************
East Hampton Town Council
Special Meeting - Executive Session
Minutes
Tuesday, September 11, 2007, 6 p.m.
Eaton E. Smith Meeting Room - Town Hall
Present: Vice Chairman Derek Johnson and members Kyle Dostaler, William Devine, Melissa Engel and Scott Minnick. Also present was Town Manager Alan Bergren.
Not Present: Chairperson Alison Walck and Robert Berlin.
Call to order: Vice Chairman Derek Johnson called the meeting to order at 6:01 p.m.
Ms. Engel made a motion to enter executive session at 6:01 p.m. Seconded by Mr. Devine. So Voted (5-0).
Exited Executive Session at 6:29 p.m.
Adjournment: Mr. Devine made a motion to adjourn at 6:29 p.m. Seconded by Mr. Minnick. So Voted (5-0).
Minutes prepared from notes taken by Alan H. Bergren, Town Manager.
Respectfully submitted,
Cathy Sirois Recording Secretary
********************************
East Hampton Town Council
Regular Meeting
Minutes
Tuesday, September 11, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Vice Chairman Derek Johnson and members, Kyle Dostaler, William Devine, Melissa Engel and Scott Minnick. Also present was Town Manager Alan Bergren; Public Utilities Administrator Vincent Susco; William Murphy and Sebastian Amenta of Maguire Group; Ann Baldwin from Baldwin Media Marketing; Craig Stevenson and Chris Edge from Connected to Connecticut; Recording Secretary Cathy Sirois; members of other boards and commissions, members of the press and several citizens.
Call to order and Pledge of Allegiance: Vice Chairman Derek Johnson called the meeting to order at 6:32 p.m. All stood to recite the Pledge of Allegiance and observed a moment of silence in memory of the tragedy of September 11, 2001.
Approval of the minutes:
A. Town Council Regular Meeting, August 28, 2007: A motion was made by Mr. Minnick, seconded by Mr. Devine, to approve the minutes of the Town Council Regular Meeting of August 28, 2007 as written. So voted (5-0).
Special Presentations:
A. Mr. Bergren and Mr. Susco introduced The Maguire Group who presented the public relations consultant firm, Baldwin Media Marketing. They have been retained to develop a public information campaign in regard to the upcoming referendum on November 6th for the vote on the bonding of the Municipal Water System. Ann Baldwin, President of the Baldwin Media Marketing reviewed the goals of project which will raise understanding and awareness of the facts of the proposed Water Supply System with voters of East Hampton so that they can cast an informed vote on the referendum. Ms. Baldwin reviewed the forms of advertising being developed which will include display ads, direct mail pieces, posters, question and answer flyers and a PowerPoint presentation. There will be three informational meetings with dates to be
determined.
B. Mary Ann Dostaler, Chairperson of the Economic Development Commission introduced the Economic Development Consultant firm, Connected to Connecticut. Craig Stevenson, principal of the firm, provided an overview of the firm and what the team will work on for the Town of East Hampton. Mr. Stevenson introduced Chris Edge, another member of the team that works more closely with real estate. Linda Paquette, who couldn’t attend tonight, will work to define the types of businesses that fit best with the town.
Ms. Engel made a motion to amend the agenda by moving Item 13A and B New Business to this point in the meeting. Seconded by Mr. Devine. So Voted (5-0).
New Business:
A. Consider, Discuss and Take Possible Action on Appointment of Economic Development Consultant: Ms. Engel made a motion approve the appointment of the Economic Development Consultant for $30,000 as already approved in the budget. Seconded by Mr. Devine. Mr. Minnick and Mr. Dostaler commented that this appointment will be good for the town. So Voted (5-0).
B. Consider, Discuss and Take Possible Action on Any Recommendations from Maguire Group and Public Relations Consultant: There are no actions needed on this item.
Public Remarks:
Curt Comisky, Wopowog Road, Board of Finance member, thanked the Economic Development Commission for the work done on hiring the Economic Development Consultant. He wanted to confirm that the consultant would be working for the EDC with the help of the Town Manager.
Hunt Voelker, Chestnut Hill, has concerns about the water rights for the proposed public water system.
Kim Page, 99 Midwood Farm Road, expressed her concern about the recent events that do not allow young people to skateboard at Center School or other town properties. It was also indicated the young people were not allowed to skateboard on the sidewalks also and noted that there is no ban on rollerblading or biking on the sidewalks. She feels the young people are being discriminated against. She noted she has to drive to other towns to allow her son to skateboard.
Kimberley Fontaine, Railroad Avenue, noted that recently a police officer was called to the Center School by the janitor during one of the skateboarding group’s meetings as they chose to meet at Center School rather than the library. The officer indicated that they would need to leave because they were loitering. Ms. Fontaine provided a packet of documents to the Council including:
· An excerpt from the CT General Statutes that defines loitering on school grounds. It is her assertion that what happened on Wednesday was not loitering and they have the right to assemble.
· A document from Safe Kids USA that compares bicycling, playground equipment and skateboarding injuries. Ms. Fontaine noted that the insurance consultant indicated that the schools couldn’t insure for skateboarding.
· A document from the American Diabetes Association that cites how good skateboarding is for diabetes. Two of the members of the group are insulin dependent diabetics.
· A document from CNN comparing bicycle, playground equipment and skateboarding injuries in which skateboarding injuries were 1/3 compared to bicycling and 1/2 compared to playground equipment.
· An article from an orthopedic surgeon who did research on trauma and it determined that skateboarding has fewer injuries than basketball.
· Ordinances from other communities and how they allow skateboarding. She would like to see the town have an area for the young people to skateboard.
Ethan Giorgetti, Bear Swamp Road, is a skateboarder and feels that skateboarders are being discriminated against in town. He feels that they should be allowed to skateboard at Center School.
Donna Daly, 119 Main Street, read a letter to the Council regarding providing a permissible place to skateboard for the young people in town.
Report of the Town Manager:
A. Middle Haddam School Update: Mr. Bergren reported that he met with the architects and estimators at the Middle Haddam School. He will also be meeting with the Judge of Probate and the Superintendent of Schools on the layout finalization later this week. He should have detailed information for the Council by the end of the month.
B. Brookside Solid Waste Removal Status: Mr. Bergren provided an email from the Town Attorney on this subject, which indicated that all wastes, except 17 drums, have been picked up and disposed of by licensed haulers. The remaining 17 barrels will be removed later in the week.
C. Summary of Other Municipalities Noise Related Ordinances: Mr. Bergren provided copies of noise related ordinances from several Connecticut towns. Mr. Bergren and the Police Chief are still investigating café ordinances to present to Council. Mr. Johnson asked that the Council review the ordinances distributed for discussion at the next meeting. Mr. Johnson would like to hear the actual decibel levels as they are referenced in most of the ordinances. He would also like to have the pricing available for decibel meter equipment and the training involved for that equipment. The Council would like to have the Police Chief available at the next meeting.
D. ZEO/WEO Reports: Mr. Bergren provided copies of the Zoning Enforcement Officer’s report as well as the Wetlands Officer’s report to the Council.
E. Upcoming Public Meetings: Mr. Bergren noted the following upcoming Public Meetings:
Route 151 Study – Wednesday, September 12, 2007 at 7:00 p.m. in the Town Hall Meeting Room
Brownfields Grants Public Meeting – Thursday, September 13, 2007 at 7:00 p.m. in the Middle School Library/Media Center
There will be a Technology Meeting on Thursday, September 13, 2007 at 5:30 p.m. at the High School.
The organizational meeting of the Design Review Board is in process.
Mr. Dostaler asked that a member of the Technology Committee attend the next Council meeting to update the Council on their progress to this point.
Ms. Engel requested that a member of the Ethics Commission attend a future Council meeting to provide an update after their rules of procedures and forms are complete.
Mr. Johnson addressed some of the concerns noted in the Public Remarks portion of the meeting. He asked that Mr. Bergren provide the status of the water rights pertaining to the Public Water System. Mr. Bergren noted that there has been positive ongoing discussion with the property owners. Ms. Engel is very concerned with the lack of an agreement to own, lease or have an easement in hand for the water system property. She feels it is a major component that is missing from the discussions. Mr. Bergren noted that until there is an approval by the voters for the project there couldn’t be a commitment for the property. Ms. Engel would like to see something on paper such as a suggested agreement, a promise to sell or interest in the property pending town approval of the system. Mr. Johnson would like to have a
discussion at the next Council meeting in September regarding the water rights.
Mr. Johnson addressed the skateboarding issue. He would like Mr. Bergren to set up a meeting with representatives from Ms. Fontaine’s group, the school administrators, the Police Chief and the insurance consultant regarding allowing the young people to skateboard on town property, such as Center School. The issues involved are insurance and loitering.
There was a five-minute recess at this point in the meeting.
Liaison and Agency Reports:
Mr. Devine: Nothing to report at this meeting.
Ms. Engel: Nothing to report at this meeting.
Mr. Berlin: Not present at this meeting.
Mr. Dostaler: Nothing to report at this meeting.
Chairperson Walck: Not present at this meeting.
Mr. Johnson: Nothing to report at this meeting.
Mr. Minnick: Attended the Board of Education meeting on Monday, September 10, 2007. The items of interest include:
A. A new JV Girls Volleyball team has been formed.
B. 85% of the 2007 graduating class will attend a 2 or 4-year college.
C. The school administrators plan to meet to discuss plans for the impact of having 600+ students at the High School next year.
D. The Transportation, Buildings and Grounds committee reported that the Middle School locks have been updated, the bricks have been repointed on the building and the floors are finished.
E. The Transportation, Buildings and Grounds committee will also be requesting the Town Council approve a waiver of the bid process of the transportation contract.
F. The Board of Education unanimously approved to appoint Kevin Reich as the Assistant Superintendent of Schools.
Reports of Committees & Commissions:
G. Inter-Board Liaisons: Mary Ann Dostaler, Chairperson of the Economic Development Commission thanked the Council for their support of the Economic Development Consultant, Connected to Connecticut. Also, the Redevelopment Agency organizational meeting was held last week. Scott Bristol was voted Chairman and William DeMore was voted Vice Chairman.
Communications and Announcements:
A. Household Hazardous Waste Collection Day will be held on Saturday, September 29, 2007 from 8:00 a.m. to 1:00 p.m. at the Lawrence School, Mile Lane off Newfield Street, Middletown, CT.
Mr. Johnson spoke about unfunded liabilities for state and local pensions. He provided a handout to the Council.
Bids & Contracts: None at this meeting.
Financial Transactions: None at this meeting.
Tax Refunds: None at this meeting.
Resolutions / Ordinances / Proclamations: None at this meeting.
New Business: This item was handled earlier in the meeting.
Old Business:
A. Consider, Discuss and Take Possible Action on Arts & Cultural Commission Ordinance: Mr. Minnick reviewed the new draft of the Arts & Cultural Commission Ordinance that was distributed to the Council. He indicated that he has worked with Sue Berescik, the Library Director, on this revised draft. He asked that the Town Attorney and the Council review this new document prior to the next meeting for discussion and possible approval at that meeting. Mr. Johnson asked that the Council look at the relationship between the Arts & Cultural Commission and the Economic Development Commission.
B. Consider, Discuss and Take Possible Action on Fertilizer Ordinance: Mr. Johnson’s recommendation is to provide a list of issues to the Inland Wetlands Commission and to the Lake Commission and ask them to re-review the ordinance, possibly having them work together. Some of the issues include:
• The section on the sale of fertilizer is an issue. There is an issue on the enforceability and would prevent a resident from a neighboring town to purchase fertilizer in town.
• The penalty phase should be reviewed. There is normally a warning prior to a fine.
• The citation hearing procedure should be considered when looking at this ordinance.
• A concern is that the ordinance prohibits the use of any fertilizer with more than 0% phosphorus. In 1.06 Exemptions, Item 2 refers to a phosphorus content established by the University of Connecticut Soil Nutrient Analysis laboratory – that percentage is not listed.
• There is also a question on agricultural land. A good majority of the town can be listed under agricultural land, which is defined as prior farmland.
• Section 1.05 refers to the restrictions when the ground is frozen. Mr. Johnson suggests noting a season rather than when the ground is frozen.
• Ms. Engel questioned the entire town being included as opposed to the Lake Pocotopaug watershed. She suggested that it be more exclusive to the Lake Pocotopaug Watershed. Mr. Johnson provided a copy of an ordinance from Sarasota County, Florida related to fertilizer. They were very specific in terms of distances to watersheds and different standards associated with that. It provides much more clarity.
• The Council feels the ordinance needs to be clearer and well defined.
Ms. Engel made a motion to refer the ordinance back to the Inlands Wetlands Commission and the Lake Commission to revise as per the Council’s recommendations. Seconded by Mr. Dostaler. Mr. Minnick noted that the ordinance should address the Lake Pocotopaug Watershed to start and then possibly fine-tune the ordinance to extend to the entire town. Mr. Dostaler noted the recommendations of Dr. Wagner to apply the ordinance throughout the town but feels it should be left to the Inland Wetlands Commission and the Lake Commission. So Voted (5-0).
C. Consider, Discuss and Take Possible Action on ESA Modifications: Mr. Johnson is still troubled with the mechanism in which the ESA rights were transferred. He feels it is not an administrative matter and that the Town Council should have had the opportunity to consider the changes. Mr. Johnson noted that Planimetrics did not conduct a study related to the ESA modifications as noted in an email from Glenn Chalder from Planimetrics. He questioned what type of analysis was done in March of 2007 to precipitate the change in the ESA. He also feels the Town Council should be able to weigh the costs and benefits of an ESA change. Mr. Johnson asked that the Town Attorney see whether or not the granting of property is enforceable because it does not have Town Council approval. Mr. Johnson made a motion to authorize the
Town Manager to investigate whether or not the receipt of ESA obligations is enforceable absent Town Council approval. Seconded by Ms. Engel. So Voted (5-0). The Council would like to hear back on this matter at the September 25, 2007 meeting.
Public Remarks:
Hunt Voelker, Chestnut Hill suggests that if the fertilizer ordinance were approved for the entire town that it be based on soil samples.
Mary Ann Dostaler, Chairperson of the Economic Development Commission asked that the Town Manager extend an invitation to the Baldwin Group to attend the Economic Development Commission meeting on Tuesday, September 18th to get perspective from the EDC.
Kimberley Fontaine, Railroad Avenue noted that she is happy to see the water system question on the ballot. Her concern is the issue that we don’t have anything in writing from the property owner. As a taxpayer she wants reassurance that there is a written agreement to obtain the property.
Mr. Johnson noted that not all of the property interests are identified and contracted for prior to implementation. The water system will require a variety of property interests to be transferred. None of these are detailed or have agreements. Once the referendum is approved, the water that is needed will be forthcoming. The issue is the cost and it has been imbedded in the system and all parties are moving in good faith to reach a resolution to have those rights consensually transferred assuming the referendum is adopted.
Adjournment: A motion was made by Ms. Engel to adjourn the meeting at 9:35 p.m.
Respectfully submitted,
Cathy Sirois Recording Secretary
*****************************
East Hampton Town Council
Special Meeting
Minutes
Tuesday, September 25, 2007, 5:45 p.m.
East Hampton Middle School Library/Media Center
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Robert Berlin, Kyle Dostaler, Melissa Engel and Scott Minnick. Also present was Town Manager Alan Bergren, Town Attorney Jean D’Aquila and Public Utilities Administrator Vincent Susco.
Not Present: William Devine (away on business).
Call to order: Chairperson Alison Walck called the meeting to order at 5:45 p.m.
Ms. Engel made a motion to enter executive session at 5:46 p.m. Seconded by Mr. Berlin. So Voted (6-0).
Exited Executive Session at 7:07 p.m.
Adjournment: Mr. Berlin made a motion to adjourn at 7:07 p.m. Seconded by Mr. Johnson. So Voted (6-0).
Minutes prepared from notes taken by Alan H. Bergren, Town Manager.
Respectfully submitted,
Cathy Sirois Recording Secretary
*****************************~
East Hampton Town Council
Regular Meeting
Minutes
Tuesday, September 25, 2007
Eaton E. Smith Meeting Room - Town Hall
Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members, Bob Berlin, Kyle Dostaler, Melissa Engel and Scott Minnick. Also present was Town Manager Alan Bergren; Recording Secretary Cathy Sirois; members of other boards and commissions, a member of the press and several citizens.
Not Present: William Devine (away on business)
Call to order and Pledge of Allegiance: Chairperson Walck called the meeting to order at 7:10 p.m. All stood to recite the Pledge of Allegiance.
Approval of the minutes:
A. Town Council Special Meeting, September 11, 2007: A motion was made by Ms. Engel, seconded by Mr. Dostaler, to approve the minutes of the Town Council Special Meeting of September 11, 2007 as written. So voted (4-0-2). Ms. Walck and Mr. Berlin abstained.
B. Town Council Regular Meeting, September 11, 2007: A motion was made by Ms. Engel, seconded by Mr. Dostaler, to approve the minutes of the Town Council Regular Meeting of September 11, 2007 as written. So voted (4-0-2). Ms. Walck and Mr. Berlin abstained.
Special Presentations:
A. Technology Committee Update: Sharon Kjellquist, Chairperson of the Technology Committee provided an update of the progress of the Technology Committee. Ms. Kjellquist noted the following accomplishments:
Committee appointed and first meeting occurred
Background discussions have occurred with Town and Education areas
Inventory of technology hardware and software obtained
High level assessments of hardware, software and telecommunications have occurred
Site tours of primary town buildings and facilities completed
Reviewed Government and Education needs and goals
The following are the next steps:
Determine any gaps in the analysis/goals
Brainstorm recommendations for:
• Data hardware/infrastructure
• Network
• Desktop
• Software
• Telecommunications
• Staffing
Determine priorities
Review priorities and recommendations with Town departments and Education
Finalize recommendations
Formally present recommendations to Town Council
B. Discuss Research on Noise Related Ordinances and Related Materials:
Mr. Bergren provided the following notes regarding noise related ordinances:
· Any noise ordinance must be approved by the Department of Environmental Protection
· It is highly recommended that we hire an acoustical engineer to write the ordinance and work with Council
· Requires purchase of a decibel meter that records bass – approximately $8000.
· All Police Officers need to be trained on the ordinance and the decibel meter equipment
· Annual certification of police officers is required
· Still need to check on success in Connecticut – some ordinances never enforced
· Enforcement is expensive and time consuming
Ms. Engel spoke with Chief Reimondo who indicated he has spoken to the Police Chief in Cromwell and will speak to the Chief in Ansonia and will report back to the Council when more information is obtained. Also noted was that approval through the Department of Environment Protection can take up to a year.
Public Remarks: None
Report of the Town Manager:
A. Middle Haddam School Update: Mr. Bergren reported that the cost estimates from the Architects and their outside Estimator are expected shortly. The interior architectural consultants met with the Superintendent of Schools and Judge of Probate to discuss layouts that would work for their uses. The Superintendent of Schools was planning to meet with the Board of Education’s Building and Grounds Committee on the office space. Because of some changes to the proposed layouts it is expected that we may have more detail and actual cost estimates by your next meeting.
B. Update on Main Street Bridge: Mr. Bergren noted that he spoke with the Town Engineer and he was scheduling a meeting with the Public Works Superintendent to go over some structural details. He discussed with and updated the EDC on this topic at their last meeting. Mr. Bergren expects by October this project will be available for review by the Council and EDC regarding design features to be considered. The schedule planned is to develop the bid specifications and bid this project over the winter for an early spring award when the 2008 construction season starts.
C. Update on Flanders Road Project – Mr. Bergren reported that the engineering plan is focused on right of way clearances to be addressed first. This would entail ledge removal (possible blasting) along the entire project right of way. Potential is to start elements of this project late autumn/early winter
D. Update on Rapallo/Lyman Viaducts – Mr. Bergren provided an update on the Rapallo and Lyman Viaducts from Vincent Susco, Public Utilities Administrator. Rapallo Viaduct: It was reported that Mr. Susco, Ruth Plummer and Scott Clayton attended the pre-bid meeting on September 13, 2007 at 10:00am. Approximately a half dozen contractors were present along with the DEP and CZE Engineering. The meeting concluded with a walk of the job site. Recreation and wastewater issues were articulated to the group. Bid openings were held on September 20, 2007 at the DEP office in Portland. We do not yet know of the outcome of the bids. Length of the construction contract is 60 days. DEP is handling signage and Ms. Plummer is handling East Hampton website information. The bid documents do include “Ghost Run”
details. The path will be closed to all public during construction. They will be opened at the end of the day and weekends. Lyman Viaduct: Plans are being finalized. They were submitted to DEP on August 9, 2007. Colchester has had several issues that have taken precedence over this repair. Mr. Susco indicated that he does not expect to see anything soon.
E. Update on Marlborough Sewer Project – Contracts for the Marlborough Sewer Project were distributed to Council.
F. Skate Park Meeting Update – Mr. Bergren noted that his office is working to schedule the meeting regarding skateboarding.
G. Police Chief’s Report – Mr. Bergren reviewed the Police Chief’s August Report.
H. Land Acquisition Update – Mr. Bergren noted that this item was covered in Executive Session. A letter was sent regarding the property near Memorial School.
Liaison and Agency Reports:
· Mr. Devine: Not present at this meeting.
· Ms. Engel: Noted that she met with the Police Chief and individuals regarding the water system.
· Mr. Berlin: Nothing to report at this meeting.
· Mr. Dostaler: Attended the Brownfield’s Workshop which reviewed the end uses of 13 Watrous Street,
103 Main Street and the Water Tower property on Walnut Avenue.
· Chairperson Walck: Nothing to report at this meeting.
· Mr. Johnson: Nothing to report at this meeting.
· Mr. Minnick: Nothing to report at this meeting.
Reports of Committees & Commissions:
A. Inter-Board Liaisons: - None at this meeting
Communications and Announcements:
None at this meeting.
Bids & Contracts: None at this meeting.
Financial Transactions:
A. Consider, Discuss and Take Possible Action on Appraisal Appropriations: Mr. Bergren noted that the Finance Director is researching the status of our land acquisition accounts.
Tax Refunds: Mr. Bergren presented a large number of tax refunds totaling $6,055.32. Most are due to overpayments. Mr. Berlin made a motion to approve the tax refunds as presented. Seconded by Mr. Johnson. So voted (6-0).
Resolutions / Ordinances / Proclamations:
A. Water System Plan Resolution
B. Town Meeting Resolution for Water Systems These two items will be handed at the October 2, 2007 Special Town Council Meeting.
New Business:
A. Consider, Discuss and Take Possible Action Upon Any Items Covered Under the Town Manager’s Report: Mr. Johnson requested that the Police Chief be available for a discussion at the next meeting regarding the noise ordinance information. The Council requests that the Chief speak to the Town of New Britain regarding their noise ordinance. The Council would like general information on enforceability, the decibel reading and what they mean and information from DEP regarding timeframes.
B. Request by Town Council for Town Manager to Create a Written Report of Prioritized Projects including Deadlines for Filings and Other Pertinent Details: Mr. Bergren agreed to provide a listing to the Council before his departure.
Old Business:
A. Consider, Discuss and Take Possible Action on Arts & Cultural Commission Ordinance:
Mr. Minnick noted that Attorney D’Aquila’s changes have been received. The Council discussed the changes and the relationship of the Arts & Cultural Commission and the Economic Development Commission. The Council requested that Ruth Plummer/Parks & Recreation Advisory Board and the Economic Development Commission review the document after Attorney D’Aquila’s changes are incorporated. Mr. Minnick made a motion to set the date for Public Hearing for this ordinance to Tuesday, October 9, 2007 at 6:00pm. Seconded by Mr. Berlin. So voted (6-0).
B. Consider, Discuss and Take Possible Action on ESA Modifications:
Mr. Johnson made a motion to move this item to the October 9, 2007 meeting. Agreed through consensus.
Public Remarks: Terry Concannon, Laurel Ridge noted that she was involved in the creation of the Arts & Cultural Commission Ordinance. She feels that the commission should work with the Economic Development Commission. She has requested a copy of the draft of the ordinance. The document will also be put onto the Town website.
Irene Curtis, Wangonk Trail noted that the Lake Commission has scheduled a training session on September 30, 2007 at Sears Park.
Reserved: None
Adjournment: A motion was made by Mr. Berlin to adjourn the meeting at 8:09 p.m.
Respectfully submitted,
Cathy Sirois Recording Secretary
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