Town of East Hampton
Town Council Regular Meeting
Tuesday, March 25, 2008
Eaton E. Smith Meeting Room – Town Hall
Minutes
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, William Devine, Christopher Goff, Scott Minnick, John Tuttle and Susan Weintraub. Also present were Acting Town Manager Robert Drewry, Recording Secretary Cathy Sirois, many citizens, members of other Boards and Commissions and a member of the press.
Call to order and Pledge of Allegiance: Chairperson Engel called the regular meeting to order at 6:30 p.m. All stood to recite the Pledge of Allegiance.
Approval of Minutes:
A. Town Council, Regular Meeting, March 11, 2008: A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve the minutes of the Town Council Regular Meeting of March 11, 2008 with edits discussed. Voted (5-0-2) Mr. Minnick and Mr. Tuttle abstained as they were absent from the March 11, 2008 meeting.
Old (Continued) Busines:
A. Fertilizer Ordinance: Chairperson Engel reviewed a letter from Bob Hart, Chairman of the Lake Commission (included as a part of these minutes). Each Council member provided their thoughts on the proposed ordinance. The section of the ordinance on the sale of fertilizer was debated. Paul Peszynski, one of the owners of Paul’s and Sandy’s Too, spoke about the sale of fertilizer and the education of their customers on fertilizer. He feels that there is a need for input from retailers on this ordinance and there is a need for more education. Mr. Minnick requested a workshop to review the ordinance which would include members of the Council, the Town Manager, Parks & Recreation, retailers and landscapers. The meeting will be planned prior to the April 22, 2008 Council
meeting, when the ordinance will be on the agenda once again. A motion was made by Mr. Minnick, seconded by Ms. Weintraub, to send the Fertilizer Ordinance, with the elimination of Section 1.7 and references to Section 1.7, to a public hearing. The motion was not passed (1-6) with Mr. Minnick voting for the motion and the remaining council against.
B. Town Manager Search Panel/Finalized: Chairperson Engel provided a list of the Town Manager’s Search Panel. All members have been approved except Sandra Germain. Ms. Weintraub presented another resident for consideration, Bonnie Wasgatt. A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to approve the addition of Sandra Germain and Bonnie Wasgatt to the Town Manager Search Panel. So voted (7-0).
C. Amend EDC Ordinance: Chairperson Engel reviewed the original ordinance regarding the process of recommending members to the Economic Development Commission. Prior to 2005 the Town Manager recommended the members. A change was made to the ordinance in 2005 turning the recommendation process over to the Town Council’s Appointment Sub Committee. Chairperson Engel reviewed an opinion from Attorney D’Aquila on this ordinance change. To reverse the process back to the original ordinance process, will require an ordinance change which involves presenting the amended ordinance to a Public Hearing. A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to start the ordinance change process to return the appointment of the Economic Development Commission members to the Town
Manager. So voted (7-0).
D. Town Attorney Opinion re: Council Members Serving on Ad Hoc Committees: This item will be postponed to the April 8, 2008 meeting.
E. Other: None
Remarks from the Chair:
A. Angelico’s Parking/Lighting Concerns: In response to a concern from Susan Wielgosh regarding traffic and lighting concerns, Chairperson Engel and Mr. Cordeiro visited Ms. Wielgosh’s residence to check on the lighting issues. They have contacted Jim Carey who will contact Paul Angelico regarding the light in the valet lot to adjust the direction of the light. The dock light will also be addressed. Mr. Carey has been instructed to meet with Chief Reimondo regarding the traffic study on Lake Blvd. and the parking issues on the street as well.
B. Building Department Contact Concerns: Chairperson Engel addressed the public comment from Mr. Richard Walker at the last Council meeting regarding his request to Planning & Zoning to serve breakfast at his Sugar Shack. Ms. Engel noted that Mr. Walker’s request was on the Planning & Zoning agenda on November 7, 2007. She reviewed the minutes from that meeting and noted that a phone message was left for Mr. Walker by David Dodes on November 8th indicating the outcome of the meeting. Additionally a written response was mailed to Mr. Walker on March 12, 2008.
C. Budget Update: The Board of Finance held a special meeting on Monday, March 24, 2008 with an invitation to the Town Council and the Board of Education. The Budget is now in the hands of the Board of Finance. The proposed increase is .82 mills. The Town Council will receive the budget by April 15, 2008.
D. Other: Chairperson Engel reported that the Freedom of Information Complaint by Margaret Faber against the Middle Haddam Historic District Commission has been dismissed with no violation.
The complaint filed with the State Election Enforcement Commission against the Town of East Hampton reported there was no fraudulent activity. The SEEC did cite the moderator, David Simko, with two state statute violations – 1) people should be allowed into the auditorium for the opening of the machines/computer and 2) not hand delivering notices of recounts to all candidates and anyone that worked at the polls. Those two items are being discussed with the state elections commission. Mr. Tuttle asked about any penalties against Mr. Simko. Chairperson Engel noted that $750 in penalties have been assessed. He is in discussions with the SEEC.
An FOI complaint has been filed against Chairperson Engel and Mr. Cordeiro by Mary Ann Dostaler regarding discussions in Executive Session during the December 18, 2007 Special Meeting. The Town Labor Attorney is now handling this matter.
Public Remarks:
Scott Sanicki, 102 Quiet Woods Road, thanked Chairperson Engel and Mr. Cordeiro for stopping by Quiet Woods Road to look at the issues there. He asked about the details from the bid from last year for Quiet Woods Road. He is still awaiting word from Mr. Drewry about the information in the current bid. He also noted that his comments in the minutes from the last meeting were corrected prior to the meeting. He asked about the budget and capital appropriations regarding a list of roadways that were going to be improved. He noted some calculations on cost per mile for paved and unpaved roadways.
George Coshow, 26 Shipyard Road, commented on the change in the Economic Development Commission ordinance in 2005. He noted that Alan Bergren was the Economic Development Commission Director and provided staff support to the commission. Mr. Bergren did not feel it was appropriate for him to recommend members as he was the staff support for that commission. That was the reasoning for the ordinance change.
Peter Brown, 76 Barton Hill Road, commented on the complaints and fines put upon Mr. Simko as he is a volunteer for the town. He noted that the town should bond their volunteers. Chairperson Engel noted that the town is looking to bond the moderators and those responsible for the elections.
Irene Curtis, Wangonk Trail, noted that the SEEC complaints were not filed specifically against Mr. Simko, it was filed due to the recounts. She was concerned that the electronic voting be as complete and accurate as possible.
Report of Acting Town Manager:
A. Royal Oaks Erosion Concerns: Mr. Drewry reported that Jim Carey worked with the developer on the erosion issues at Royal Oaks. The erosion controls were put back in place and are being monitored.
B. Skyline Water Run-off Corrections: Mr. Drewry noted that there were issues with Christopher Brook and the pump house at Edgemere due to the water runoff issues. The developer was issued a notice of violation and they went to Inland Wetlands Watercourses Agency and presented a revision to the plan. All erosion control measures were in place but there was not enough storage capacity. IWWA is now satisfied with their new plan.
C. List of Grants and Activity: Mr. Drewry noted that he has asked Jeff Jylkka to begin to prepare the list of grants and activity. Mr. Jylkka reviewed the information with the Council.
D. List of Town-Owned Properties: Mr. Drewry reported that the listing and details on the town owned properties still need to be completed. Chairperson Engel asked that this task be taken from the Town Manager and given to the Open Space Sub-Committee.
E. Staffing Concerns for New Commissions: Mr. Drewry reported that there is approximately a $4,600 deficit at this time due to staffing recording secretaries for commissions that have no budget. This number will increase by the end of the fiscal year to approximately $7,000. The Council can appropriate funds for this deficit. Chairperson Engel also noted that there is a concern that not all new commissions have staff support.
F. Other: The Annual Report has been published. It is available on the Town website. Thanks were given to Sue Berescik for her work on the report.
G. A motion was made by Mr. Minnick, seconded by Mr. Devine, to add the budget calendar vote to the agenda. So voted (7-0). A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to accept the budget calendar with the addition of the April 22, 2008 meeting to adopt the budget. So voted (7-0).
Mr. Tuttle asked about 127 East High Street property. Mr. Drewry noted that the insurance settlement check will be forthcoming. The insurance company is researching any tax liens on the property prior to issuing the check.
Mr. Minnick asked if there were any fines imposed on Royal Oaks or Skyline Estates due to the water run off/erosion issues. Mr. Drewry noted there were no fines. IWWA felt the developers were doing everything that they could to follow the plans.
Ms. Weintraub asked about paying 0% for the PILOT program for the Housing Authority. Mr. Drewry noted that CCM is reviewing the question and DECD has been called for their input.
Special Presentations:
Redevelopment Agency Update – Scott Bristol: Scott Bristol, Chairman of the Redevelopment Agency provided an update on the agency’s activities for the last few months. He provided a background of the members. He noted that the agency still needs two members to complete their group. The Redevelopment Agency will be focused on the Village Center. The boundaries of the Village Center have not yet been determined. Mark Arrigoni met with the Redevelopment Agency to help them understand the process and provided some suggestions. The Agency is looking to get a base map of the Village Center area. They are still in the information gathering stage.
New Business: None
Appointments:
Mr. Goff noted the following:
- The resignation of Jim Smith from the Lake Commission due to health reasons. The Council wished him well.
- Interviews have not yet been done for the openings on the Economic Development Commission. To remedy the issue of the upcoming ordinance change, Mr. Drewry, Acting Town Manager, will participate in the interviews for the EDC members.
- Two individuals have been interviewed for the opening on the Water and Sewer Commission. One more applicant needs to be interviewed prior to making a decision.
- Interviews will be conducted for the Middle Haddam Historic District prior to the next Council meeting.
- There was an error made in the terms for Ray Krupa and Rick Walsh when they were appointed as regular members of the Middle Haddam Historic District Commission. A motion was made by Mr. Goff, seconded by Mr. Devine, to amend the term ending date of Ray Krupa to December 31, 2011 and Richard Walsh to December 31, 2010. So voted (7-0).
Liaison Reports:
Mr. Tuttle attended the Water Development Task Force meeting on March 14, 2008. The engineering of the treatment plant improvements should go to the State by March 31st. The plan must be approved by the State before any steps are taken. Also some members of the Task force will be meeting with St. Clements later in the week.
Mr. Tuttle attended the Chamber of Commerce breakfast with Joe Courtney. He was not able to talk to Mr. Courtney but was able to talk to Jenny Contois and provided her an update on our water plans.
Mr. Tuttle noted that the Boys Soccer Team from 2006 was recognized by the National Soccer Coaches Association that recognizes teams with high academic standards. East Hampton had the highest GPA with a 3.63 average.
Mr. Tuttle attended the Water and Sewer Commission meeting prior to the Council meeting. They are getting a proposal from Greenstreams. They are researching putting a generator down by the river near the output of the water treatment plant that would create energy from that output that would return energy to the treatment plant at a reduced rate.
Mr. Minnick asked who attended the meeting with St. Clements about the water source. Chairperson Engel, Mr. Tuttle, Mr. Drewry, Mr. Heidel, Mr. Susco and Attorney Jean D’Aquila have been involved in the meetings. Mr. Minnick asked about agendas and minutes for the meeting. Chairperson Engel noted that this is not a commission or ad hoc committee meeting. Attorney D’Aquila will be asked if agendas or minutes are necessary.
Mr. Goff spoke about the presentation with Nancy Wyman on April 15, 2008 at the Goff House at 7:30pm. They will speak about municipal health care plans and 401K programs for small businesses. Many surrounding towns government officials will be invited.
Ms. Weintraub attended the Streetscape Meeting. They reviewed the final plans and locations for signs. They also discussed lighting for the Main Street Bridge. She also attended the Housing Authority meeting and reported that 25 out of 90 housing authorities that are paying zero. There are 5 vacancies currently. She also reported there is a 4.4 acre parcel behind Bellwood Court that contains 2 wells, one used by Bellwood Court and one that is not being used.
Board, Commission, Agency & Task Force Remarks:
Bob Hart from the Lake Commission remarked about the issue of communications between agencies. The Lake Commission’s ordinance indicates that they can advise IWWA but no special rights are given to offer information. Chairperson Engel noted that she will ask that the IWWA add an agenda item for the Lake Commission.
Irene Curtis of the Lake Commission reported that a core group will be meeting on Saturday, March 29th at 9:00am at the Library Community Room. They will then go to tributaries throughout town to monitor these areas. Others are invited to attend.
Resolutions/Ordinances/Policies/Proclamations: None
Financial Transactions: None
Tax Refunds: A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve tax refunds in the amount of $5,520.80. Voted (7-0).
Bids and Contracts:
A. Sidewalk Replacement for Maple Street and Barton Hill: Mr. Drewry reported that five bids were received. It is recommended that the bid be awarded to the low bidder, T&S Caminito. Mr. Minnick asked about the area being worked on and compared the sizes to the Walnut Avenue sidewalk job and asked if Walnut Avenue could be re-bid. Mr. Drewry noted that it could not be re-bid. A motion was made by Mr. Devine, seconded by Mr. Tuttle, to award the sidewalk replacement bid to T&S Caminito in the amount of $143,210. So voted (7-0).
B. Tennis Court Repair at Sear’s Park: Mr. Drewry reported that three bids were received. It is recommended that the bid be awarded to the low bidder, Vermont Recreational Surfacing and Fencing, Inc. Mr. Minnick asked if there was a bond on this project in case there is cracking. A motion was made by Mr. Cordeiro, seconded by Mr. Devine, to award the Tennis Court Repair at Sear’s Park to Vermont Recreational Surfacing for $18,589. So voted (7-0).
Communications and Announcements: None
Coming Up April 8, 2008:
Chairperson Engel reported that Bob Hart of the Lake Commission will be giving a presentation at the next Council meeting on April 8, 2008. The priority list from the Council members of the Facilities Sub-Committee Report will be due in May. Mr. Tuttle noted that the Board of Education will be having a presentation by Friar Associates on the needs of the High School. This could be helpful to the Council members in putting together their list.
Public Remarks:
Mary Ann Dostaler, 56 William Drive, commented again on the location of the Water Development Task Force Meeting and asked that they be moved to the Town Hall rather than the Town Garage. Chairperson Engel noted that the members chose that location and that seating is not an issue at the meeting.
Brandon Goff, 52 Schoolhouse Lane, commented on the skate park. He asked some students at the Middle School and what they thought about a skate park. The majority of the students would like to see a skate park rather than having to go out of town. One student suggested the property at the corner of Route 66 and Main Street.
Kyle Dostaler, 56 William Drive, commented that the $164,000 appropriated to the village center water system was transferred from the capital reserve fund. He noted that part of the cost was for $64,000 for engineering which is a professional/consultant service. He asked how a consulting service is part of a capital expenditure. He also asked if it is correct that the $164,000 will never go to town meeting or referendum. Chairperson Engel indicated that is correct. Mr. Drewry noted that all projects that require engineering all come out of capital as part of the project. Mr. Dostaler also commented on the Appointments Sub-Committee and noted that due to a past FOI complaint that they are supposed to provide the names of the individuals being interviewed. Pauline Simko, who filed the FOI complaint,
noted that providing the names of the individuals was not required. It only requires an agenda and minutes be posted.
Kimberly Fontaine, 4 Railroad Avenue, noted that regarding recording secretaries that it would be very difficult for a recording secretary to not attend a meeting and be handed a recording and be expected to transcribe the recording. It would be very difficult to identify voices. She noted that accurate minutes need the recording secretaries present at the meeting. She feels that the town is losing volunteers due to lack of support to the boards. She also commented on a blight ordinance and cited examples of issues at 1 Watrous Street. This ordinance should be revisited.
Scott Bristol, Brownfields Commission, noted that they will be interviewing five companies regarding the remediation at 103 Main Street on April 17 and 18 in the Town Hall Annex.
Irene Curtis, Wangonk Trail, commented on the election recounts. She feels the procedures need to be investigated. She feels there needs to be some oversight on possible procedures changes. Pauline Simko noted that more individuals need to be trained to be moderators.
Reserved: None
Adjournment:
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to adjourn the meeting at 9:35 p.m. So voted (7-0).
Respectfully submitted,
Cathy Sirois
Recording Secretary
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