Town of East Hampton
Town Council Regular Meeting 6:30 p.m.
Tuesday, May 13, 2008
Eaton E. Smith Meeting Room – Town Hall
Minutes
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, William Devine, 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 members of the press.
Not Present: Christopher Goff
Call to order and Pledge of Allegiance: Chairperson Engel called the regular meeting to order at 6:03 p.m. All stood to recite the Pledge of Allegiance.
A motion was made by Mr. Tuttle, seconded by Ms. Weintraub, to add the approval of the Special Meeting Minutes of April 29, 2008 to the agenda. Voted (6-0).
Approval of Minutes:
A. Town Council, Regular Meeting, April 22, 2008: A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to approve the minutes of the Town Council Regular Meeting of April 22, 2008 as written. Voted (6-0). Mr. Devine and Ms. Weintraub were not present for the Public Hearing but were present for the Regular Meeting.
B. Town Council, Special Meeting, April 29, 2008 – Fertilizer Forum: A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to approve the minutes of the Town Council Special Meeting of April 29, 2008 as written. Voted (5-0-1). Mr. Devine abstained as he was not in attendance at that meeting.
Public Comments:
John Ciriello, 30 Childs Road and Vice Chairman of the Lake Commission, reminded the Council of the survey that was done by the Lake Commission of residents in the lake watershed regarding those in favor of a fertilizer ordinance.
Paul Peszynski, 29 Day Point Road, noted that he feels the question on the survey regarding those in favor of a fertilizer ordinance was a misleading question.
Pete Brown, 76 Barton Hill Road, complimented the Council and all of the staff members on the passing of the budget.
New Business:
A. Seniors Back Room: Chairperson Engel reported that the Senior Center wanted to have sole use of the Annex Room at the Library/Senior Center. Chairperson Engel read letters from Sue Berescik, Library Director and the Junior Women’s Club regarding the negative impact that would be felt if the Senior Center is given sole use of the Annex room. All Council members agreed that the Annex Room should not be made exclusive to the Senior Center. Many other groups rely on the use of the room. It was also agreed that the Council would look into ways to protect the property. Chairperson Engel noted that Sue Berescik indicated that she has a policy that can be handed out to each group utilizing that room.
B. Commission on Aging: Chairperson Engel spoke to the Town of Colchester regarding their Commission on Aging. They provided her a copy of their ordinance which was passed on to the Town Attorney for review. Chairperson Engel will provide the copy to the Council once it has been reviewed by the Town Attorney. The Commission would consist of seven members including community members over 60, community members under 60 and not more than one member that is also a member of an organized senior group. The staff members would include the Town Manager, the Director of Health and the Senior Center Director.
C. Other: None
Old (Continued) Business:
A. Fertilizer Ordinance Discussion: Chairperson Engel reported that the forum was very informative and well attended by members of the business community. Mr. Devine does not want to see an unenforceable ordinance. Mr. Tuttle noted that he has come full circle on the ordinance. He would like to see educating versus mandating the phosphorus issue. Mr. Cordeiro wants to protect the lake but wants to do what’s right. He would support an ordinance with a start date that is two years out with the next two years educating the residents. Chairperson Engel suggested that the education should also be accountable by having a staff person be responsible and to have that person work with the Lake Commission and Conservation Commission. Mr. Minnick feels the
ordinance should go forward. The ordinance shouldn’t be dropped because it is unenforceable, it can be enforced. The purpose of the ordinance is not to solve the problem but to create a policy as a component to many solutions. He feels the ordinance should be passed because education alone hasn’t worked. Ms. Weintraub spoke in support of the ordinance. She cited examples from Dane County, Wisconsin regarding their fertilizer ordinance. They used the ordinance to set the education in motion. She feels the ordinance should be approved as well as education. Chairperson Engel noted that it appears that one of the major differences in opinion is whether this should be an ordinance – she asked if there should be a resolution rather than an ordinance. Ms. Weintraub didn’t feel a resolution would have the strength. Mr. Tuttle noted that he is not convinced that lawn fertilizer is the only culprit. Mr. Cordeiro noted
again that he would support an ordinance with a start date two years out. Ms. Weintraub again noted that she supports the town wide ordinance including the ban on sale of fertilizer. A motion was made by Mr. Minnick, seconded by Ms. Weintraub, to send the final draft excluding section 1.07 to a public hearing. Voted (2-4) Mr. Minnick and Ms. Weintraub in favor, Ms. Engel, Mr. Cordeiro, Mr. Tuttle and Mr. Devine against. Discussion on the education program will be added to the next agenda.
B. Town Manager Search: Chairperson Engel reported that she spoke with Randi Frank regarding the Town Manager search. 27 candidates have submitted applications and Ms. Frank is expecting 3 or 4 more. Ms. Frank will send 8 to 10 candidates to the interview panel on June 12th and 13th. The Council will meet with the top 5 candidates possibly June 28th and 29th. It was noted that Mr. Tuttle is not available on the 28th or 29th.
C. Police Chief’s Report: Chief Matthew Reimondo reviewed the report categories and answered questions from the Council. Mr. Minnick asked about outreach programs. Chief Reimondo noted that the DARE program is still in place in the schools. They do talks at the Senior Center. Mr. Cordeiro asked about the traffic cones for Lake Drive. Mr. Drewry noted that they have been ordered and it is hoped that they will be delivered by Memorial Day. Also, Chief Reimondo noted that the Lake Patrol candidates will be interviewed next week.
D. Other: Ms. Weintraub reported that she went to the skate park presentation last month. She spoke with Kimberley Fontaine regarding the young people having a place to skate during the summer. She spoke with the recreation director in Norwich regarding their half-acre skate park. Ms. Weintraub met with Ruth Plummer about utilizing Center School’s basketball court for a temporary location during the summer. Mr. Drewry noted that it would need to be removed during Old Home Day and prior to the start of school. The young people are coming up with fundraising ideas to purchase ramps and are looking at possibly building ramps. There will be a follow up at the next Council meeting.
Special Presentations:
Update on Senior Tax Relief: Donna Ralston, Tax Assessor, provided an update on senior and veteran tax relief programs available in East Hampton. The Commission on Aging has come up with a comprehensive list of programs. That listing will be passed on to the future East Hampton Commission on Aging. Property tax relief documents are available on our town website. Ms. Ralston also coordinates with the Senior Center.
Remarks from the Chair:
A. FOI Update: Chairperson Engel reported that she, Mr. Cordeiro, Mr. Minnick and Mr. Minnick wre at the FOI Commission Hearing regarding the case filed against Ms. Engel and Mr. Cordeiro by Mary Ann Dostaler. The results will not be available until June.
B. Other: None
Report of Acting Town Manager:
A. Meeting with business owners regarding Streetscape: Mr. Drewry reported that he met with a member of the State DOT, TPA Design Group and the owners of Subway, Governor’s Tavern and Classic Auto and tried to come up with a compromise for the Streetscape design. The proposed changes include 3 parallel parking spaces in front of Subway. The owner of Governor’s Tavern is working with the adjacent property owner, Citgo, regarding the parking spaces at the package store. It was noted that the Department of Transportation had no issue with the parking spaces prior to the design being brought to the State. The property owners would now need to apply for a lease to continue to utilize the parking spaces. It was also noted that the Town will also lose parking spaces.
B. 127 East High Street Property: The owner of the building was sent a demand letter to remove the building within 30 days. Mr. Drewry will keep the Council informed.
C. Sidewalk Projects: The Walnut Avenue sidewalks are approximately 60% complete. Additional drainage is being added. The area in front of the water tower will be completed after the removal of the tower. Barton Hill sidewalks are almost complete. Maple Street will be started by the end of the week.
D. Angelico’s Lighting/Parking: Mr. Drewry noted that the lights have been adjusted in the parking lot. The gate to the valet parking lot has been closed when checked by Mr. Drewry. Ms. Weintraub indicated that the lighting in Angelico’s parking lot is not in regulation based on photos and current Planning & Zoning regulations. She referred to the style of lighting at Shaws and Theater Plaza. Mr. Drewry will refer the matter to the Zoning enforcement official.
E. Other: Mr. Drewry provided the Council with a copy of a survey that Parks & Recreation will be handing out at Sears Park and the Airline Trail.
Mr. Drewry reminded the Council of the Memorial Day parade on Monday, May, 26, 2008. The Council is asked to be at the VFW at approximately 8:00am to line up for the parade.
Appointments: None
Liaison Reports:
Ms. Weintraub attended the Streetscape Steering Committee Meeting. The Route 151 recommendations should go to a Town Meeting before submitting to DOT. Ms. Weintraub will check with Tighe and Bond regarding their fees to prepare for this meeting. The Streetscape Committee will provide an update at a Council meeting in June.
Mr. Tuttle attended the WPCA meeting on May 6, 2008. They voted to change a guideline for acceptance of public water systems. Presently a developer will turn over a water system to the town one year from the point where the State approves the system as being complete. It will change to the developer will turn the system over to the town one year after the certificate of occupancy is issued. This will protect the town. WPCA also set a public hearing for the sewer extension for Belltown Place for Tuesday, June 10th at the Middle School. They also set a public hearing on the Marlborough Sewer Project for Tuesday, May 20th at the WPCA office.
Mr. Tuttle also attended the Board of Education meeting. A number of students participated in the Euro Challenge. 47 schools participated and East Hampton came in 4th. There were 12 schools in the finals and East Hampton was the only public school.
Mr. Minnick attended the Parks & Recreation meeting. They have hired a new Parks Maintainer who will be starting next week. There was a presentation from Chuck Haller regarding land along Loos Pond however the pond is landlocked and wouldn’t suit the needs of Parks & Recreation so they have turned this over to the Conservation Commission. Parks & Recreation is planning on “going green” in Sears Park, they would not use any pesticides or chemicals in the park. The only issue would be handling the ground bee issue in the park. The Parks & Recreation Board is looking into a donation program.
Board, Commission, Agency & Task Force Remarks: None
Resolutions/Ordinances/Policies/Proclamations: None
Financial Transactions: None
Tax Refunds: A motion was made by Mr. Devine, seconded by Mr. Tuttle, to approve tax refunds in the amount of $3,353.13. Voted (6-0).
Bids and Contracts:
A. Water Tower Removal Bid: Mr. Drewry recommended that Haz Pros, Inc. of West Hartford be awarded the bid for the water tower removal. The low bidder withdrew their bid. The bid would be in the amount of $66,000 which includes the base bid of $49,000 and an additional $17,000 if an asbestos liner is discovered in the tank during removal. If no asbestos liner is found $17,000 would not expended. A motion was made by Mr. Devine, seconded by Ms. Weintraub to award the water tower removal bid to Haz Pros, Inc. in the amount of $66,000. Voted (6-0). Mr. Drewry also reminded the Council there will be a ribbon cutting on June 3rd at 1:00pm. This is a requirement of the Small Cities Grant.
B. Village Center Water System Construction Bid: This item will be tabled to the next meeting.
Communications and Announcements:
The Salmon River Watershed Compact signing ceremony will be held on Wednesday, May 14th at the Comstock Bridge.
Coming Up:
The Design Review Board will give a presentation at the next Council meeting.
There will be an Executive Session prior to the next Council meeting regarding approval of the police contract.
Public Remarks:
Kathy Erlandson, 35 Daly Road, spoke representing the Subway building owners. She met with Mr. Drewry, DOT and TPA Design Group. From what she has read about the Streetscape project she is finding it described as a beautification project. She has concerns with EDC not supporting the businesses that are involved. The State is calling it a safety project. The Subway building is owned by her son and another young man. The accepted and approved plan shows Subway losing all 6 parking spaces. The DOT and TPA agreed to look at other options and maybe give 3 parallel spaces. This plan may cause the loss of two tenants and gives little incentive to new tenants for this building. She is disappointed in EDC for not adequately protecting the businesses.
Bob Kilpatrick, 22 West Point Road, thanked Mr. Drewry for doing what he could do regarding Streetscape. He is working with the Food Bag owners regarding parking options. He feels the plan is a disaster, was poorly planned and badly executed.
Pete Brown, 76 Barton Hill Road, commented on the presence of the Economic Development Commission and the Council when the Streetscape project was being planned. He thought they were there to help businesses not hurt them.
Ted Hintz, Chairman of the Board of Finance, noted that it was mentioned that more funding is needed for Route 151. $3,000 was allocated last year for a traffic study on Route 151. The study seems to be focused on one portion of Route 151 rather than the whole stretch of road.
Mary Ann Dostaler, 56 William Drive, commented on individuals not being concerned about the businesses that were evicted from the Shaws property and that EDC was not in favor of Shaws. Streetscape is only eliminating parking spaces, it will make the corridor more attractive, increase pedestrian traffic and increase safety.
Pete Brown, 76 Barton Hill Road, commented on his concerns on the Streetscape project and how it affects the current businesses and how it got to this point.
Kyle Dostaler, 56 William Drive, asked what Connected to Connecticut has done to talk to the business owners affected by Streetscape about maintaining their business.
Kimberley Fontaine, 4 Railroad Avenue, spoke as a member of the Economic Development Commission. EDC had a special meeting on April 29th. Connected to Connecticut presented a plan to support businesses in the Village Center on May 10th. She feels EDC needs to re-focus on the businesses affected by Streetscape.
Scott Sanicki, 102 Quiet Woods Road, commented that he is disappointed with the budget regarding unimproved roads. There was an EDC plan which included improving unimproved roads. He would like an update on Quiet Woods Road.
Kimberley Fontaine, 4 Railroad Avenue, commented that there is an automobile servicing business at 1 Watrous Street. She is asking the Town Council to consider a blight ordinance.
Mr. Minnick asked about 13 Watrous Street and the current activity at that property. They have been cited but can the vehicles be towed? Mr. Drewry will look into that situation.
Ms. Weintraub asked about the junk yard on Old Coach Road? Mr. Drewry noted that it is a properly regulated junk yard.
Kathy Erlandson, 35 Daly Road, asked what is being done regarding the property at Main Street and Route 66. Mr. Tuttle asked whether the town should look at condemning that property. The Town Council has instructed Mr. Drewry to talk to the town attorney regarding taking legal action against Mr. Distefano regarding this property.
Mary Ann Dostaler, 56 William Drive, asked about the timeline for the work on the intersection of Route 66 and Main Street. Mr. Drewry noted there is a pre-construction meeting on May 15th in Norwich. The bid has been awarded. It is expected to be starting within the next month.
Don Distefano, Auburn Knoll, thanked Mr. Drewry about holding Wayne Rand accountable for Phase 3 of Seven Hills. These are public safety issues. Mr. Drewry noted that the engineers have completed the punch list. A meeting will be scheduled with Mr. Rand to review the punch list and he will be informed if the work is not completed by the deadline the bond will be pulled. Mr. Distefano asked if an extension is requested what the town’s position would be on that request. Mr. Drewry noted that the Planning & Zoning department would handle that but the Public Works department would not recommend allowing an extension as the project is built out.
Reserved: None
Adjournment:
A motion was made by Mr. Devine, seconded by Mr. Tuttle, to adjourn the meeting at 8:55 p.m. Voted (6-0).
Respectfully submitted,
Cathy Sirois
Recording Secretary
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