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09/09/2008 Town Council Public Hearing & Regular Meeting
Town of East Hampton
Town Council Meeting
Tuesday, September 9, 2008
Eaton E. Smith Meeting Room – Town Hall
Minutes

Public Hearing to Discuss an ordinance to create a Commission on Aging
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, William Devine, Scott Minnick, and Susan Weintraub. Also present were Town Manager Jeffery O’Keefe, Recording Secretary Cathy Sirois, many citizens and members of the press.

Call to order:  Chairperson Engel called the Public Hearing to order at 6:18 p.m.  A copy of the proposed ordinance to create the Commission on Aging was provided to the audience.  Chairperson Engel opened the meeting to public comment on the proposed ordinance.

JoAnn Ewing, Senior Center Director, thanked the Town Council for considering a Commission on Aging.  She feels it will have a positive impact for the town.  

Judie Bobbi, Director of the East Hampton Housing Authority, feels it will be positive for the Town. The seniors will appreciate having that advocate for them in town.

Nelson Maurice, Mallard Cove, is very much in favor of the Commission.  Feels a lot of positive things will be done.  Chairperson Engel noted that Nelson Maurice assisted in gathering information for the ordinance.

Pat Dufour, Chairperson of the Housing Authority, feels the Commission will give the seniors resources that they don’t have now.

Paul Rapo, 50 Middle Haddam Road, feels the Commission is a great idea.  He had two suggestions for additions.  He suggested adding “long term care” to the listing under “Purpose” on page two of the ordinance.  He also suggested adding “including state grants as made available pursuant to Section 17B-425 of the CT General Statutes” to the last line under “Purpose”.

Patience Anderson, 17 Anderson Way, suggested adding two additional members making it seven members instead of five.  Chairperson Engel noted that many commissions have issues reaching quorums and would rather keep the membership lower so that the quorum limit is lower.  

Kimberley Fontaine, 4 Railroad Avenue, supports the creation of the Commission on Aging.  She asked if party affiliation should be included in the ordinance.  It was agreed that the commission would be non-partisan.

Mr. Minnick discussed the need for alternates on an advisory commission.  Attorney D’Aquila noted that alternates are not needed for advisory commissions.  The wording will be changed to delete the references to alternates.

Mr. Minnick also asked about the commission not having a budget.  Chairperson Engel noted that funding would be available for a recording secretary.  The wording in the ordinance under expenses will be altered taking out the wording “There will be no budget allocated” and add a phrase noting the commission may submit a proposed budget to the Town Manager.

A motion was made by Mr. Devine, seconded by Mr. Cordeiro, to approve the ordinance for the Commission on Aging with the changes discussed.  Voted (5-0).  

A motion was made by Mr. Devine, seconded by Mr. Cordeiro, to adjourn the public hearing at 6:43 p.m. Voted (5-0).

Regular Meeting
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, William Devine, Scott Minnick, John Tuttle (arrived at 8:10pm) and Susan Weintraub. Also present were Town Manager Jeffery O’Keefe, Recording Secretary Cathy Sirois, Town Attorney Jean D’Aquila, members of Boards and Commissions, citizens and members of the press.

Call to order and Pledge of Allegiance:  Chairperson Engel called the regular meeting to order at 6:44 p.m.  All stood to recite the Pledge of Allegiance.  

Approval of Minutes:
A motion was made by Mr. Cordeiro, seconded by Mr. Devine to approve the minutes of the Town Council Regular Meeting of August 12, 2008. (no vote taken at this time).

Ms. Weintraub noted the following changes:
·       The number of cars on Niles Street was midday, not during commuting time.
·       Ms. Wasilewski noted in her Public Comment that she felt that the second Animal Control Officer position should be filled as it was budgeted.
·       Under the information on Angelico’s, Ms. Weintraub corrected CL&P’s misinformation to the town.  

Mr. Minnick noted that under Liaison Reports the comment by John Tuttle regarding the Lake Commission Forum turning political was a side comment and didn’t belong in the minutes.  After discussion, it was decided to table the approval of minutes until Mr. Tuttle was present to discuss that portion of the minutes.

Chairperson Engel took this opportunity to make several announcements:
·       She acknowledged this meeting to be Mr. O’Keefe’s first official Town Council meeting.
·       She offered congratulations to Nancy Hasselman on being appointed as the Collector of Revenue after a trial period in that position.  
·       She presented Assessor Donna Ralston with flowers and a plaque announcing that she recently celebrated her 20th anniversary as the Assessor for the Town.  

A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to add an item to the agenda for an executive session regarding continuing MTBE litigation.  Voted (5-0).

A motion was made by Mr. Devine, seconded by Mr. Cordeiro, to enter executive session at 6:55 p.m. Voted (5-0). Attorney D’Aquila and Jeffery Jylkka were also present in executive session.

The Council exited executive session at 7:00 p.m.

A motion was made by Mr. Cordeiro, seconded by Mr. Devine to add the approval of a resolution regarding the MTBE litigation to the agenda.  Voted (5-0).

A motion was made by Mr. Devine, seconded by Ms. Weintraub to approve the resolution authorizing Jeffery O’Keefe to sign all MTBE settlement documents involving TOTAL Petrochemicals, USA, Inc. on behalf of the Town of East Hampton.  Voted (5-0).

A motion was made by Ms. Weintraub, seconded by Mr. Minnick, to add an item to the agenda under Old Business to discuss the skate park.  Voted (5-0).

A motion was made by Mr. Minnick, seconded by Ms. Weintraub, to add an item to the agenda under New Business regarding WPCA sewer rates.  Voted (5-0).

Public Remarks:
Laurie Wasilewski, Hog Hill Road, reiterated her comments from the last Town Council Meeting regarding the Animal Control Officer.  She noted that she was not in any way disparaging our Animal Control Officer. She feels the second position needs to be filled.  She asked what happens to the money that was budgeted for this position.  She also commented that the meeting minutes for the Town Council and other boards are not always accurate.  She feels the minutes should be more descriptive utilizing adjective to convey emotions.

John Ciriello, 30 Childs Road, commented on the Animal Control Officer and two incidences he has had at his home.  He noted the Animal Control Officer was very helpful.  He feels this is a very important position.

Mary Ann Dostaler, 56 William Drive, provided a flyer regarding an upcoming CT Energy Expo.  Mr. O’Keefe noted that the information was already provided to the Council.  

Old (Continued) Business:
A.      Niles Street:  Chairperson Engel reviewed information in a memo from Chief Matthew Reimondo regarding Niles Street which includes new signage and markings at both ends of the street, “Local Traffic Only” signs with reflective barrels and flashing lights, Lyon and Billard has agreed not to use the road and a request was submitted to the State Traffic Commission to reduce the speed limit.  Ms. Weintraub noted that Kevin Burnham, a traffic engineer in Hartford, indicated that the Local Traffic Authority could temporarily close the road as long as turnaround areas are available.  Mr. O’Keefe indicated that the Police Chief is not in favor of a temporary closure.  He has had discussions with various agencies and is looking at long term options. Mr. O’Keefe and the Chief will be meeting with the residents of Niles Street. Ms. Weintraub noted that she is concerned about the children and pedestrians on Niles Street in the short term.

B.      Angelico’s Valet Parking Update:  Mr. Carey provided an update on the ZBA lawsuit and appeals regarding Angelico’s.  The signs noting “Additional Parking Across Street” have been taken down and the gates to the valet parking lot are closed when not in use.

C.      Skateboard Park:  Ms. Weintraub reported that she spoke with Mr. O’Keefe regarding the skate park and CLA Engineers.  She would like to confirm what CLA was asked to do for the project.  Mr. O’Keefe asked what direction the Council would like him to give to CLA.  It was agreed that CLA would not be involved in the project until there are discussions with other agencies and staff members.  A motion was made by Mr. Minnick, seconded by Ms. Weintraub, to have the Town Manager elicit input of all interested agencies and staff members with regard to the possibility of a skate park at Center School.  This information would be presented at the second meeting in October.  Voted (5-0).  Ms. Weintraub asked if Kimberly Fontaine had any comments.  Ms. Fontaine had thought that CLA would have been working on this project already.  

D.      Other:  Chairperson Engel noted that Attorney D’Aquila provided the Council with an opinion on the Board of Finance’s request for a change in the purchasing ordinance.  It was recommended that no action be taken.  The document will be faxed to Ted Hintz, Chairman of the Board of Finance.  This item will be discussed at the next Town Council meeting.

New Business:
A.      WPCA Sewer Rates:  Mr. Minnick asked for clarification on the increase in sewer rates.  He asked why this increase was not brought before the Council for approval.  Mr. Susco noted that the sewer rates do not go through Town Council because they are through an enterprise fund, not part of the town budget.   The wastewater regulations specify the rules.   Mr. Minnick asked why there was an increase.  Mr. Susco noted it was due to expenses. He also noted that the Marlborough work is through a separate fund.  Mr. Minnick asked about the long term investment of $750,000.  Mr. Susco noted that those funds came from a bond that was paid off that had been used to finance the original infrastructure.  These funds are being invested for future upgrades to the treatment plant’s infrastructure.  

Special Presentations:  
Brownfields EPA Assessment Grant Consultant Recommendation:  Dan Wolfram, Chairman of the Brownfields Steering Committee, noted that an RFQ was submitted to the DAS website for solicitation of qualifications for an environmental consultant. Nine responses were received.  They were shortlisted to three firms.  After presentations from the three firms, the Brownfields Steering Committee came to a unanimous recommendation to award the project to Metcalf and Eddy.  Metcalf and Eddy has a strong track record and they have had successful projects in other towns and they were also selected for the cleanup grant for Gong Bell.  A motion was made by Mr. Cordeiro, seconded by Mr. Devine, to accept the recommendation of Metcalf and Eddy as the consultant on the EPA Assessment Grant project and authorize Jeffery O’Keefe to sign the contract.  Vote (5-0).

Mr. Wolfram also indicated that there is another individual that is interested in joining the Brownsfields Steering Committee.  The Appointments Sub Committee will look at her application.

Village Center Water Restoration:  Vincent Susco provided an overview of the Village Center water restoration project through a slideshow.  Mr. Susco answered questions on the project.

Mr. Tuttle arrived during the Village Center Water Restoration presentation (8:10 p.m.)

Liaison Reports:
Mr. Minnick attended the Parks & Recreation Advisory Board Meeting.  There is a new job opening for a Parks Maintainer I.  There was an issue with the owner of one of the islands who destroyed a buffer that was an Eagle Scout project.  It was destroyed through an electricity hookup project.   Also, the Ghost Run is scheduled for November 1st.

Mr. Cordeiro reported as the liaison for the Police Department.  He has arranged for a ride around with one of the officers.  He will also be involved in the interviews of a new officer.

Remarks from the Chair:  
Chairperson Engel reported that the High School will be providing a liaison for the Council.  Also, as a reminder that she will be looking for the priority list from the Council members from the Facilities Report.

Report of Town Manager:
A.      Bevin Dam:  Mr. O’Keefe turned this item over to Mr. Drewry.  They had contact with Matthew Bevin regarding the lake drawdown.  The lowering will start on October 1st.  This will enable the dredging of Hales Pond and will allow residents on the lake to repair docks and seawalls.  Advance notice will be given to the citizens through the Rivereast and our town website.  

B.      Flanders Road:  Mr. Drewry noted that the construction on Flanders Road will begin on September 15th.  This portion should take approximately 60 days.  The engineer is beginning to prepare the second part of the bid for the blasting near the Smith Street area.  The third phase will be the widening portion.  The third phase won’t occur until Spring of 2009.  Ms. Weintraub asked how many homes are on Flanders Rd.  He estimated 50 to 60 homes.

C.      Other:  Mr. O’Keefe reviewed a listing of the individuals he has met with during his first week and the projects he has reviewed.

Ms. Weintraub asked about the following projects:
Route 66/Main Street project - Mr. Drewry reported that they are still waiting on SBC to move cables.

Streetscape project - Mr. Drewry noted that the contract is in the process of being signed and paperwork is in process with the State.

Route 151 progress - Mr. Drewry noted there has been no further progress.

Quiet Woods project - Mr. Drewry reported that the bids will be opened on September 19th.

Mr. Minnick asked about the clearing being done on Skinner Street.  Mr. Tuttle reported that this will be used for boat storage.

Ms. Weintraub asked about the regional dog pound project.  Mr. O’Keefe has had discussions with the Police Chief and more meetings are being scheduled.

Appointments:
Mr. Cordeiro discussed the Town Attorney’s decision on the Zoning Board of Appeals vacancies.  The two elected members that resigned were Republicans.  The positions should be filled with the Republican alternates, if they are interested, and they are interested.  A motion was made by Mr. Cordeiro, seconded by Mr. Devine, to appoint Vincent Jacobson and Linda Dart as full members of the Zoning Board of Appeals contingent upon their resignations as alternates on that Commission.  Voted (6-0).  The alternates will be appointed at a future meeting.

Board, Commission, Agency & Task Force Remarks:  None

Resolutions/Ordinances/Policies/Proclamations:  None

Financial Transactions:  None

Tax Refunds:
A motion was made by Mr. Cordeiro, seconded by Mr. Devine, to approve tax refunds in the amount of $9,605.76.  Voted (6-0).  

Bids and Contracts:  None

Approval of Minutes:  As Mr. Tuttle had arrived at the meeting, Mr. Minnick referenced the Liaison Report portion of the minutes from the last meeting.  Mr. Minnick expressed concern that the minutes will be read that the Lake Commission members allowed the meeting to turn political.  Mr. Tuttle felt the statement depicted what he intended.  A motion was made by Mr. Devine, seconded by Mr. Cordeiro, to approve the minutes of the August 26, 2008 Regular Meeting with the changes discussed earlier in the meeting.  Voted (4-1-1).  Mr. Minnick voted against and Ms. Weintraub abstained.

Coming Up:
A.      September 23 – Judie Bobbi Presentation on Pilot Program
B.      September 23 – Public Hearing re:  Ordinance Allowing Tax Exemption on Farm Buildings
C.      September 23 – Board of Finance Opinion from Town Attorney

Communications and Announcements:  
Ms. Weintraub reminded everyone of the Farmers Market in Middle Haddam.  Also on Friday there will be a local band playing at the Middle Haddam Library.  Ms. Weintraub gave an article to the Town Manager regarding Plum Island and that there may be a resolution that can be sent to the State.

Public Remarks:
John Ciriello, Chairman of the Lake Commission, commented that the Lake Commission Forum did not have a political tone.  The meeting was about education and he can’t be responsible for comments from the audience.  He suggested that maybe the next forum be tape recorded.  He would also like to know what the comments were that Mr. Tuttle heard from the citizens, in a private conversation.  

Paul Peszynski, 29 Day Point Road, noted he is also on the Lake Commission.  He commented that for the most part the meeting was education.  Toward the end Mr. Ciriello brought up the fertilizer ordinance.  He noted that the ordinance is now a political issue of the Chatham Party.  He noted that after the meeting was over one of the Lake Commission members was soliciting signatures for the petition for the fertilizer ordinance.

Scott Sanicki, 102 Quiet Woods Road, asked about the possibility of the town getting one large contract for waste removal to reduce costs to residents.

Mary Ann Dostaler, 56 William Drive, commented regarding Angelico’s.  She noted the discussions of the Council have all surrounded Angelico’s use of the parking lot.  There was no discussion of the neighbors in terms of their rights.  

Patience Anderson, 17 Anderson Way, noted that she is aghast and embarrassed that the Town Manager has been subjected to the conversations this evening.  

Irene Curtis, Wangonk Trail and member of the Lake Commission, asked about the operation of Bevin dam.  Someone had told her it used to be a spillover and now it is operated through a lower gate.  Mr. Tuttle noted that the lower gate is used for electricity generation.  Mr. Drewry noted that there haven’t been any changes to the dam in many years.  She also noted that she carries the fertilizer petition with her everywhere and she is a registered Democrat.

Reserved:  None

Adjournment:  
A motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to adjourn the meeting at 9:10 p.m. Voted (6-0).

Respectfully submitted,



Cathy Sirois
Recording Secretary