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09/23/2008 Town Council Minutes
Town of East Hampton
Town Council Meeting
Tuesday, September 23, 2008
Eaton E. Smith Meeting Room – Town Hall
Minutes

Public Hearing to Discuss the Establishment of an Ordinance for a Property Tax Exemption for Buildings Used in Farming
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, Christopher Goff, Scott Minnick, John Tuttle and Susan Weintraub. Also present were Town Manager Jeffery O’Keefe, Recording Secretary Cathy Sirois, many citizens and members of the press.  Not present: Council Member William Devine.

Call to order:  Chairperson Engel called the Public Hearing to order at 6:17 p.m.  A copy of the proposed ordinance to establish a property tax exemption for buildings used in farming was provided to the audience.  Chairperson Engel reviewed the ordinance, a letter in favor of the ordinance from the CT Farm Bureau and then opened the meeting to public comment on the proposed ordinance.  

Mary Ann Dostaler, 56 William Drive, encouraged the Council to act favorably on the ordinance.

Mike Boule, 39 Daniel Street, noted that he is also in favor of the ordinance. He is also in favor of other programs supporting an agricultural community.

Anna Dill, Waterhole Road, asked how the ordinance described farming.  Chairperson Engel indicated that the full definition of farming is in the CT State Statutes and the appropriate criteria must be met.

Paul Peszynski, 29 Day Point Road, noted that in order to qualify for the exemption there is a requirement to file with the State every year a profit/loss on just the farming part of the operation.  

Peter Bergan, Clark Hill Road, reiterated the requirements needed to qualify for the exemption.

Patience Anderson, 17 Anderson Way, asked how often the assessment exemption will be reviewed.  Chairperson Engel noted that it will be reviewed each year with the filings.

The Council discussed the ordinance and agreed on the $100,000 limit on the assessed value.

A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to adjourn the public hearing at 6:30 p.m. Voted (6-0).

Regular Meeting
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, William Devine (arrived at 6:35 p.m. & departed 7:55 p.m.), Christopher Goff, Scott Minnick, John Tuttle and Susan Weintraub. Also present were Town Manager Jeffery O’Keefe, Recording Secretary Cathy Sirois, 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 6:32 p.m.  All stood to recite the Pledge of Allegiance.  

Approval of Minutes:
A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle to approve the minutes of the Town Council Regular Meeting of September 9, 2008 as written.  Voted (5-0-1) Mr. Goff abstained as he was absent from the September 9th meeting.

Chairperson Engel thanked Mr. O’Keefe for the new department update provided to the Council.  Council members asked if this document could be placed on the website.  Mr. O’Keefe mentioned possibly forming a monthly newsletter for the website.

Mr. Devine arrived at 6:35 p.m.

A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to enter a special executive session to discuss a possible pending claim at 6:35 p.m. Voted (7-0). Attorney Jean D’Aquila was also present in executive session.

The Council exited executive session at 7:12 p.m.

Special Presentations:  
Judie Bobbi re: PILOT Program:  This item will be tabled to the October 14th meeting.

Public Remarks:
John Jordon, 11 Pine Trail, noted that the Lake has been lowered earlier than expected.  He feels that it was dropped unauthorized.  He feels eminent domain should be exercised on the control of the lake.  He noted that he is going to bring a petition door to door.  His boat was damaged due to a huge rock near the boat launch. Since Sears Park is town property, the town should have the rocks removed.

Jill Deane, Portland, CT, asked the Council about the status of her mother’s pension.  Chairperson Engel noted that they are not at liberty to discuss it publicly.  Also decisions on this matter are not in the Council’s purview.

Rosemarie Smith, 22 Bevin Blvd., encouraged a location other than Center School for a permanent skate park.  She reviewed issues that occurred over the summer with the temporary skate park including trash cans being tipped over, young people walking in the road with their skateboards blocking the road and refusing to move for traffic, swerving at her walking her dogs while on their skate boards, profanity, no adult supervision and the picnic table being carved with profanity.  She called the police several times.

Charlotte Cirillo, 7 Bevin Blvd., commented on negative aspects of the temporary skate park at Center School.  She witnessed no adult supervision, profanity, littering and noise.  She called the police several times.  She doesn’t feel Center School is a good place for a permanent park.

William Landry, Bevin Blvd., commented on the temporary skate park at Center School.  He noted that he put a trash can near his driveway for the kids to put their trash but the kids won’t use it.  He has called the police several times for issues related to the skate park.

Al Greco, Bevin Avenue, noted that he agreed with his neighbors on Bevin Boulevard.  He has had words with the kids and they are very defiant.  He has witnessed the kids blocking the road and not allowing cars to pass.  He has also called the police.

Marla Miner, 3 Bevin Avenue, commented on the temporary skate park at Center School.  She noted her direct observation of the many unsupervised activities that took place over the summer.  She noted the age of the kids was 10 to 20 years old.

James Sadlowski, Bevin Blvd., commented on the temporary skate park at Center School.  He called the police twice over the summer. He is concerned about the area being a hangout.  He feels an elementary school is not an age appropriate location for a skate park.  

Sara Brown, Bevin Blvd., commented on the temporary skate park at Center School.  She noted that she could not drive home without the road being blocked by the kids in the street.  Over the summer she went out of town to walk as she was very uncomfortable walking in her neighborhood.

David Harriet, Bevin Blvd., agrees with the neighbors regarding the skate park.  He feels there should be set hours and supervision.

Mr. O’Keefe noted that a report will be produced regarding the skate park which will include the neighbor’s comments that were collected at the meeting. He noted that a preliminary report indicates that Center School is not an appropriate location for a permanent park.  A call log will also be obtained from the Police Chief from the dates the temporary skate park location in the summer.

Introduction of Student Council Representatives:  Chairperson Engel introduced Eric Harper, the Student Council representative from the High School.  He noted that this Friday is the Bellfest at the High School.  This is a large sporting event including cross country and soccer games.   

Brandon Goff will be the Student Council representative from the Middle School.  He reported that the Middle School had a successful Pantherfest on Friday, September 19th.

New Business:
A.      Approval of Farm Exemption Ordinance:  A motion was made by Mr. Devine, seconded by Mr. Goff, to approve the farm building exemption ordinance with the removal of the line “or lesser value if the town so chooses”.  Voted (7-0).  An application form similar to Glastonbury’s form will be created.

B.      Lake Commission – Re-appropriation of Funds:  Mr. O’Keefe reviewed two motions made at the last Lake Commission meeting.  The first was to cancel the stocking of walleye in the lake this year and redirect the funds to pay for half of the Christopher Pond dredging permit.  The second motion was to redirect some of the Lake Commission budget to pay for the other half of the permit.  This funding would only pay for the permit to dredge the pond; this would not pay for the actual dredging of the pond.  Jane Christopher, owner of the pond, noted that the pond is full of mud.   The town is in the process of getting the cost to dredge the pond.  Ms. Weintraub would like feedback from CLA Engineers on storm water management.  Initially the action to cancel the walleye was tabled, however it was decided later in the meeting to make the following motion:  A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to cancel this year’s walleye order based on a recommendation from the Lake Commission.  Voted (6-0).

Mr. Devine left the meeting at 7:55p.m.

Old (Continued) Business:
A.      Board of Finance Recommended Ordinance Changes:   Attorney D’Aquila provided a letter reviewing the proposed changes to the Appropriations Ordinance.  It was the consensus of the Council to take no action on the proposed ordinance changes.

Report of Town Manager:
A.      Plum Island Report:  Mr. O’Keefe reviewed the background on the proposed Plum Island facility.  Council member Weintraub had suggested we consider adopting a Resolution in support of Mr. Blumenthal’s efforts to prevent the project from going forward.  It was the consensus of the Council that Mr. O’Keefe’s office prepare a resolution in that regard to be sent to Senators Dodd and Lieberman and Representative Courtney.  It will be prepared and voted on at the October 14th Council meeting.

B.      Niles Street Update:  Mr. O’Keefe reported that he and the Police Chief met with a resident of Niles Street, Mrs. Tegge.  Mrs. Tegge will facilitate a meeting with the neighbors on September 30th at 4:30pm at the Town Hall.  The residents are looking for long term solutions on Niles Street.  The Police Chief will put in a request to the State Traffic Commission to reduce the speed limit to 15mph from 25mph.  Also the Town Engineers will complete a study of this area and present several recommendations for improvements to the road.  It was recommended that that the engineer perform the study after getting feedback from the residents on September 30th.  Chief Matthew Reimondo reviewed traffic counts that were done on Niles Street.  When the bridge is re-opened, the police department will complete another set of traffic counts on comparable days to the first counts.   

C.      Angelico’s Update:  Mr. O’Keefe reported that the valet parking lot issue will be going to Zoning Board of Appeals in October.  CL&P will be working with Mr. Angelico and will handle the lighting issue in the main parking lot at the expense of CL&P.  It was believed that the lighting in the valet parking lot has been removed.

D.      Other:  Mr. O’Keefe reported that he and Mr. Carey met with Tom Distefano regarding the property at Rt. 66 and Main Street.  He noted that he believes they have come to an agreement with the property owner to clean up the property.  It needs to go through zoning but that is being worked on.  

EDC is scheduling a holiday event in the Village Center on December 6th.

Council member Weintraub had asked about the progress on the Route 151 traffic calming.  Mr. O’Keefe reported that he will be meeting with Joy O’Connor of Department of Transportation.  She will provide a letter indicating what the State will be doing in that area.

Mr. O’Keefe attended the Transportation, Buildings and Grounds meeting of the Board of Education.  He will be going on a tour of the school buildings with the Superintendent of Schools on Friday to learn more about the capital needs of the facilities.  

The Nature Conservancy should know on Friday if they will be awarded a grant.  It will be used for a study of our zoning regulations as they effect our watershed areas.

Additional contaminants have been uncovered by the Brownfields consultants at 13 Watrous Street.  A fence will be put up at the property.  Meetings will be scheduled with the EPA and DEP.  The area will need to be cleaned up. Scott Bristol of the Brownfields Steering Committee explained that low levels of PCB’s were found earlier and higher levels were uncovered recently.  Sealing the area with a parking area as discussed in the past is not an option.   

The results of the STEAP grant awards should be reported in the next couple of weeks.

Appointments:
A.      ZBA Alternates:  This item will be tabled to a future meeting.

B.      EDC Appointment:  Mr. O’Keefe reported that he has appointed Alan Pawlak to the Economic Development Commission with a term through December 31, 2010.

C.      Brownfields Steering Committee:  This item will be tabled to a future meeting.

D.      Lake Commission:  This item will be tabled to a future meeting.

Mr. Goff noted that meetings will be scheduled to fill the remaining open positions on the Boards and Commission.

Mr. Goff noted that the Appointments Sub Committee had met with the Chairman of the Ethics Commission.  The Ethics Commission was initially looking to revise their ordinance to add two additional alternates for their commission.  After meeting with the Appointments Sub Committee it was suggested to them to possibly add two full time members bringing their membership from 5 to 7.  The Ethics Chairman reviewed the suggestion with the Ethics commission members, it was their consensus to remain at 5 members and just add two alternates.  The Appointments Sub Committee will discuss the letter received from the Ethics Commission and will vote on the decision.

Liaison Reports:
Chairperson Engel reported that the Water Development Task Force will meet on Friday, September 26th.  Mr. Susco has been providing weekly reports to the Chair regarding the progress of projects.

Mr. Tuttle attended the Board of Education meeting.  Copies of the School Improvement Programs are available.  Mr. Cordeiro asked about a presentation regarding CMT scores.

Mr. Tuttle reported that the Clean Energy Task Force met on September 9th.  They discussed their progress and objectives toward the 20% by 2010 goal.  Members took some assignments to pursue.  Research will be done regarding harnessing the energy from the outflow of the WPCA plant to generate energy for the plant.  Mr. Tuttle attended a conference on September 16th with Facilities Manager Frank Grzyb that was hosted by the CT Association of Electrical Engineers about solar power.

Mr. Cordeiro reported that he sat in on portions of the hiring process for the Police Department.  He will be doing a ride along with the Police Department in the near future.

Ms. Weintraub attended the Housing Authority meeting.  Their minutes and agendas are now being posted to the website.  They will be attending an upcoming statewide poverty seminar.  

Ms. Weintraub attended the Conservation Commission and indicated they will be putting together a watershed management plan.  It was reported that bears were sighted on White Birch Road.  Conservation would like some input into the Plan of Conservation and Development.  She asked the Town Manager to be sure that all land use boards have input into the Plan.

Board, Commission, Agency & Task Force Remarks:  
John Ciriello, Chairman of the Lake Commission, asked if the walleye order has been cancelled.  Information for this item is noted earlier in the minutes.   

Mr. Tuttle asked for a copy of the report regarding phosphorus around the lake.

Resolutions/Ordinances/Policies/Proclamations:  None

Financial Transactions:  None

Tax Refunds:
A motion was made by Ms. Weintraub, seconded by Mr. Cordeiro, to approve tax refunds in the amount of $2,574.29.  Voted (6-0).  

Bids and Contracts:
A.      WPCA Contract:  A motion was made by Mr. Tuttle, seconded by Mr. Cordeiro to award the bid for the relocation of the sewer main on Bevin Boulevard and the extension of the water main on Skinner Street to Provost Excavation, LLC in the amount of $93,860.00 and to authorize the Town Manager to sign the bid documents.  Should Provost Excavation not comply with the required performance and maintenance bond requirements for the project the work would be awarded to the next qualified bidder, Butler Construction, in the amount of $110,240.00.  Voted (6-0).  Prior to the vote Mr. Susco answered questions on this project and other WPCA projects.

B.      Quiet Woods Road Project:  A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to award the bid for the drainage improvements to the unimproved portion of Quiet Woods Road to Sylvester Construction, as recommended by CLA Engineers, in the amount of $74,750.00 and to authorize the Town Manager to sign the bid documents.  Should Sylvester not comply with the required bonding for the project the work would be awarded to the next qualified bidder, Nutmeg Gravel and Excavation. Voted (6-0).

Communications and Announcements:  
Chairperson Engel noted that on October 4th a bug inspection will be done in the Salmon River Watershed.

Ms. Weintraub spoke with David Fink of the Home Partnership for Strong Communities.  She asked this item be placed on the agenda for the next meeting for hiring an individual to write a project plan for a potential incentive housing zone.

Ms. Weintraub provided an article from the Herald Press regarding a nearby town lifting the tax burden off of seniors.  A copy of the article will be provided to all Council members.  It is a deferred tax program.  It freezes the tax at a certain level for qualified seniors. The deferred amount would be collected after the house is sold.  This item will be added to the second meeting in October.

Mr. Tuttle noted that the Sports Boosters at the High School rented temporary lights for the High School Bellfest on Friday.

Public Remarks:
Patience Anderson, 17 Anderson Way, asked about the ZBA alternates being appointed.  It was noted that this will be tabled to a future meeting.

Peter Bergan, Clark Hill Road, asked when the farm exemption ordinance will be effective.  Chairperson Engel reported that it is effective 20 days after the publication date which would be mid-October.

Reserved:  None

Adjournment:  
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to adjourn the meeting at 9:00 p.m. Voted (6-0).

Respectfully submitted,



Cathy Sirois
Recording Secretary