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02/12/2008 Town Council Regular Meeting

Town Council Regular Meeting
Tuesday, February 12, 2008
Town Hall Meeting Room

Minutes


Present:  Chairperson Melissa Engel and Vice Chair Tom Cordeiro and members John Tuttle, Susan Weintraub and William Devine (arrived at 6:40 pm).  Absent members were Christopher Goff and Scott Minnick.  Also present was interim Town Manager Robert Drewry, many citizens, members of Boards and Commissions and a member of the Press.  

1- Call to order & Pledge of Allegiance:  Chairperson Engel called the meeting to order at 6:30 p.m.  All stood to recite the Pledge of Allegiance.  

At this time a motion was made by Mr. Tuttle, which was seconded by Ms. Weintraub, to add an item, #11 A,-to consider, discuss and take possible action on Establishing Regulations for lawn fertilizer application and sale.  Vote:  Unanimous.  (4-0).  

2-Approval of the Town Council Regular Meeting minutes of January 22, 2008:  A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to approve the minutes of the 1/22/2008 regular meeting as written.  Vote:  Unanimous.  (4-0).  

3-Report of Town Manager:  Mr. Drewry reported the following:   
A.      127 East High Street Update:  Once the insurance company issues a check to the owners, the building will be torn down.  The delay has in no part been due to the owners.  There was an ongoing dispute with the insurance company regarding full replacement cost that has been settled.  
B.      Next STEAP Grant:  Mr. Craig Stevenson is currently working on the grant application.  It is due by 2/29/2008.  This grant will be used for the purchase and remediation of the DiStefano property at the corner of West High Street and Main Street.  
C.      List & status of current grants and Town owned property:  Due to priorities such as the annual budget, the website update and other current projects, Mr. Drewry will research and report back to this council on a list and status of grants and town owned properties within the next couple of meetings.  
D.      Attorney D’Aquila’s opinion regarding E.H. Charter Section 2.1:  The opinion was that “No member [of the Town Council] shall hold any other office under the government of the Town of East Hampton, nor shall he, during the term of office for which he is elected, and for two years thereafter, be appointed to any office or position of profit under the government of said town”.   The opinion letter went on to explain that employees of the local Board of Education are not employees under town government by virtue of state statute.  
E.      Memorial School Roof:  The Council’s consensus is to move forward in issuing RFP's and researching solar panel options for the estimated 3.2 million dollar Memorial School roof project.  With repairs only, the roof could last perhaps only another year.   Funding for a request for proposal (RFP) will be needed.  The estimated 3.2 million does not take into account solar.  Grants are available for school conversions to solar.   

Mr. Devine arrive at this time.  

At this time a motion was made by Mr. Tuttle, seconded by Mr. Devine, to add an agenda item 3F – Board of Health Vacancy.  (This is a Town Manager appointment).  Chairperson Engel reported that Kate Morris is interested in filling the vacancy on the Chatham Health District Board.  Ms. Morris is a town resident, has been involved with the ambulance association for many years and has a special interest in the pandemic flu issues.  With that being said, a motion was made by Mr. Devine, seconded by Mr. Tuttle, to endorse the Town Manager’s recommendation to appoint Ms. Morris to the Chatham Health District Board.   Vote:  Unanimous.  (5-0).  

4-Special Presentations
A-Brownfield Presentation – Daniel Wolfram:  Members of the Brownfield’s Committee, Dan Wolfram, Scott Bristol and Kay Wilson, presented the Town Council a history of their accomplishments which included securing: a $175,000 assessment grant for hazardous substances in 2003, used to prepare an inventory of Brownfield’s sites and help the community prioritize sites for further assessment; a $200,000 cleanup grant for hazardous substances in 2006 to clean up the Summit Thread Powerhouse at 13 Watrous Street, which is contaminated with chlorinated solvents, PCS’s, and metals and community outreach activities; a $200,000 assessment grant in 2007 used to conduct community outreach activities and perform environmental site assessments on high priority Brownfield’s; and another $200,000 cleanup to be grant in 2007 to be used to clean up the Gong Bell site at 103 Main Street, which is contaminated with heavy metals and polycyclic aromatic hydrocarbons.  Mr. Wolfram reported that the State has recognized what the Town has done with Brownfield’s and presented the Town with a Citizens Planner Award, which will be hung at Town Hall.  He added that there still remains a solid two years of work to be done and that the Committee will be submitting an application for another grant in October.  Chairperson Engel thanked the group for their hard work, determination and an extremely informational presentation.  (All grants received require a 20% town match).  She also invited Mr. Bristol to the March meeting to report on the Redevelopment Agency.  Mr. Drewry added that the water tower assessment has been completed and will go out for bids in the next couple of weeks.  

5-Public Remarks
- John March, member of the Economic Development Commission, reported that the commission had enjoyed working with the consulting firm Connected to Connecticut.
 
- Susan Wielgosh, of 79 North Main Street, commented on quality of life issues on North Main Street and Lake Boulevard. One concern was noise.  The other traffic.  She strongly recommended a noise and café ordinance.   Chairperson Engel will speak with the Police Chief regarding those concerns and this issue will be put back on a future Council agenda.  A traffic study may be necessary.

- Jim Curtis, Wangonk Trail, also had traffic concerns, especially pertaining to emergency service vehicles.  

- John Hines, South Main Street, questioned why minutes to meetings have not been posted to the Town website lately.  Mr. Drewry explained that the Town anticipated switching webmasters effective 2/1/2008; however, it did not happen.  This should be straightened out in the near future.  Mr. Hines questioned that if the Harlan Place property was being gated, how emergency service vehicles could have access.  Chairperson Engel explained that they would have a key or button to gain access.  Lastly, Mr. Hines commented that no one on South Main Street is in favor of an affordable housing development in that area.  The nature of the project is too large.  

- Cindy Rooth, EDC member, voiced concern over the potential amendments to the Connected to Connecticut contract.  She recommended that the Town Council work with EDC on the contract before motions or changes be made.  

- Mary Ann Dostaler, William Drive, expressed concern over Town Council actions claiming that rules are not followed during meetings.     

- Fran Klein, Bellview Street, questioned the search criteria for the new town manager.   She also requested that the town survey, from several years ago be resurrected and agreed with the noise issue on North Main Street.  

- Irene Curtis, Wangonk Trail, stated that it is illegal for a town manager to be interviewed by a panel of his peers.  (Other town managers).  She also questioned the Town Council, (5 members only-Engel, Tuttle, Devine, Goff & Cordeiro, as well as Mr. Drewry) as to why they met on 2/1/2008, a Friday night, at 5:00 p.m. at the Town Hall.    All stated that was untrue.  

- Cindy Rooth, EDC member, noted that the noise issue is not just isolated to North Main Street.  It is all over town.
  
6-New Business
A.  Consider and act on Randi Frank Consulting, LLC Contract:  Randi Frank Consulting, LLC, with the assistance and advice from Slavin Management Consultants submitted a proposal for executive search services for the position of Town Manager.  The contract outlined their services, resumes of both Randi Frank and Robert E. Slavin, a client/project list, a listing of recent searches, references, a search fee structure, and finally a timetable.   Chairperson Engel reported that $25,000 was appropriated for the last town manager search.  Of that amount, $19,000 was expended.  The base cost associated with this contract is $8,500.  Additional expenses would include advertising, printing, travel expenses for candidates and reference checks.  Chairperson Engel stated that Bennett Yarger, the previous search firm, would be sending information on the previous candidates as well.  Due to there being questions/concerns, it was the consensus of the Council to invite Ms. Frank to the next regular meeting on 2/26/2008.  In the meantime, Mr. Drewry will check with ICMA as to the legality of having a panel which consists of Town Manager’s to conduct the interviews.  Mr. Tuttle also insisted that a site visit was necessary before a Town Manager is hired.     

B.  Consider and act on amending Connected to Connecticut:  Chairperson Engel explained that given the significance this Council is placing on being informed about all major initiatives in Town and given that economic development is as important as centralized water, the Village Center Consent Order and the facilities recommendations, it is important that the Council stays on top of economic development going forward.  With that being said, she recommended that the Connected to Connecticut contract be amended to include duel reporting: to both the EDC and the Town Council.  She went on to explain that the EDC does keep the Council informed on a regular basis; however, the Council is ultimately responsible for spending $30,000 of taxpayers money that was appropriated to Connected to Connecticut.   

At this time Mr. Cordeiro, seconded by Mr. Devine, made a motion to approve the amendments.  Discussion followed.  Ms. Rooth stated that EDC should be the reporting agency.  She noted the cost to have the firm come before the Council would eat into the original appropriation.  She also stated that anything in excess of the original $30,000 appropriation or different in the scope of work would have to be approved by the Council.    The motion passed.  (4-1. Opposed was Ms. Weintraub).  

Old Business:  
Mr. Devine, seconded by Mr. Tuttle, made a motion to move up agenda item 7E. Vote unanimous (5-0).  

7E. Discuss and act on Village Center Consent Order:  Chairperson Engel reported with an estimated 1.5 million dollars all parameters of the consent order will be met by the deadline of 3/1/2009.  This means that all 29 customers will have a corrected system in place.    A motion was made by Mr. Devine, seconded by Mr. Tuttle, to approve the plan as discussed.  All members in favor.  So voted (5-0).  

At 8:05 p.m. Mr. Devine left the meeting.  

7A.  Approve new police procedures:  Ms. Weintraub made a motion, which was seconded by Mr. Cordeiro, to approve the new police procedures.  Chief Reimondo confirmed that these procedures are regulated by the State of Connecticut.  Vote:  Unanimous (4-0).  

7B.  Disposition of Harlan Place Property:  Mr. Tuttle stated that although a contract was not in place, the Town did ask the owner of the Harlan Place property to hold the property for the Town to purchase for a year and one-half and ultimately changed their minds on the purchase.  In the meantime, the owners lost money not only because real estate is way down now but also on taxes and insurance.  In an effort of good faith, Mr. Tuttle recommended some sort of compensation. After a brief discussion, a motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to agree to compensate the property owners $5,000 in return for holding the Town harmless for any further compensation.  Mr. Drewry will check with Attorney D’Aquila before any agreement and/or money is exchanged.  So voted.  (4-0).  

7C.  DiDomizio Property Update:  Chairperson Engel announced that Mr. DiDomizio is no longer interested in selling his property to the Town.  Mr. Drewry stated that he has sent a letter to Mr. DiDomizio asking for first refusal should he change his mind in the future.  

7D.  Budget policy statement:  A motion was made by Mr. Tuttle, seconded by Ms. Weintraub, to approve the budget policy statement as written.  All members in favor.  So voted (4-0).  The statement will be distributed to all boards and commissions as well as posted on the website.  

Liaison Reports:  
8A.  Water Development Task Force:  Chairperson Engel announced that the Water Development Task Force would meet every other Friday at 7:00 am.  The meeting of the 8th was not posted in error; however, notes from the meeting are available.  

8B.  Tri Board Meeting update:  Mr. Cordeiro stated that the meeting was extremely productive.  It is a pleasure to work with the other Boards.  

8C.  Friar & Associates-Re:  School Facilities:  Mr. Tuttle reported that Dr. Golden is scheduled to meet with Friar & Associates on 3/6/2008 regarding school facilities.  He added that the State is going to mandate all day kindergarten in the near future and space requirements will be an issue.  Also the High School has to be addressed.  The school has funds in their budget for this study.  

9-Board, Commission, Agency & Task Force Remarks:  
Ms. Dostaler, of EDC, stated that she disagreed with the Councils decision this evening regarding the amendment to Connected to Connecticut contract.  She stated that the Town Manager oversees contracts; not the Town Council.  With that being said, Ms. Dostaler read a letter, which ended with her resignation from the Economic Development Commission.  

10-Appointments:  None at this meeting.  

11-Resolutions/Ordinances/Policies/Proclamations:  
A-Consider and act upon establishing regulations or lawn fertilizer application and sale:  Chairman of the Inland Wetlands and Watercourse Agency, Jeffrey Foran and Vice Chair Joshua Wilson were in attendance to present an ordinance which would ban phosphorous-containing fertilizers in East Hampton.  Discussion followed.  The consensus of the Council was that education and promotion would be beneficial; however, the Council cannot endorse banning or restricting sales in town.    The Council will review the ordinance and contact Mr. Foran or Mr. Wilson prior to the next meeting with any questions or concerns, at which time the Council will be prepared to vote on this issue.  (This item will be placed early on the agenda).  

12-Tax refunds:  A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to approve tax refunds in the amount of $5,382.11 as recommended by Collector of Revenue Maria Durkin.  All members in favor.  So voted.  (4-0).  

13-Financial transactions:  None at this meeting.  

14-Bids and contracts:  None at this meeting.  

15-Communications & Announcements:  
A.      Route 66 &196 Information Session-Chairperson Engel announced that the information session will be held on 2/26/2008 from 6-6:30 p.m.  Invitations will be sent out and a press release issued.  

16-Public Remarks:  
- Chairperson Engel read an email submitted by A. Sarahina expressing concern that taxpayers may be paying for Mr. Nichols generosity when he rents out his school buses.  Ms. Engel confronted Mr. Nichols today who assured her that he does not use taxpayer’s money.  He has his own personal filling station and is not running around on town gas.  There have also been times when he has paid his drivers or paid for fuel out of his own pocket.   Mr. Tuttle added that this has come up in the past and after investigation, he was satisfied that Mr. Nichols would not risk his business in that way.  Mr. Drewry reported that he is looking into relocating the Towns fuel island.  Currently the town garage has key entry.  A fuel island would save money and have better control.  

- Mr. Dostaler voiced his concern over how after paying the McGuire Group 1.2 million dollars, that now the Village Center Consent Order can be complete for 1.5 million dollars.  He stated a lot of time and money was wasted.  

- Ms. Dostaler stated that someone needs be held accountable.  This solution should have been found a long time ago.  

- Ms. Rooth reported that 10 Summit Street has been vacant due to water issues.  She questioned if that address would be included in the project.  Ms. Engel will ask Mr. Susco.  She also reminded all that this scenario does not promise expansion.  It only supplies potable water to the 29 existing buildings.  

17-Reserved:  None at this meeting.  

18-Adjournment:  There being no further business to discuss, a motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to adjourn at 9:13 p.m.  So voted.  (4-0).  

Respectfully submitted,



Lisa Seymour
Recording Secretary