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11/12/2008 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, November 12, 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 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 6:30 p.m.  All stood to recite the Pledge of Allegiance.  

Chairperson Engel welcomed Webelos Pack 8 Den 3 to the meeting.  They are studying government as they are working on their Citizenship badge.

Approval of Minutes:
A motion was made by Mr. Goff, seconded by Mr. Cordeiro to approve the minutes of the following meetings:
  • Town Council Special Meeting, October 28, 2008 – Voted (7-0)
  • Town Council Regular Meeting, October 28, 2008, with amendments discussed - Voted (7-0)
  • Town Council Special Meeting, October 30, 2008 – Voted (5-0-2) Mr. Devine and Mr. Minnick abstained as they were not present at the meeting.
  • Town Council Special Meeting, November 3, 2008 – Voted (6-0-1) Mr. Minnick abstained as he was not present at the meeting.
New Business:
  • Friar Contract:  Chairperson Engel reviewed the recommendation from the Town Manager to approve the contract with Friar Associates, Inc. for the East Hampton Feasibility Study – Phase II.  The transfer of funds for the Phase II study was approved in the amount of $45,000 by the Board of Finance and Town Council.  The study will consist of the construction of a new Center School on the Memorial Elementary School site, renovations to the current Center School building to house the Town Hall; including the Judge of Probate, Social Services, Parks & Recreation and the Police Department, and the addition of a science wing at the High School and technology and code upgrades to support that new addition.
Mr. Tuttle noted that through a phone call from Mike Vasquenza, Chairman of the Board of Education, he fully supports the contract.

Mr. Goff asked about overall timeframes.  Chairperson Engel noted that it is hoped to have a referendum on June 16, 2009.  Friar Associates will provide plans to the Facilities Implementation Task Force during three meetings in January. These plans will then be presented to the Town Council, Board of Education and Board of Finance.  The timeline is flexible.  Ted Hintz from the Board of Finance is working with Jeff Jylkka and Jeff O’Keefe on the financials.

Mr. Minnick voiced his concerns regarding the contract. He commented on the following; this is the first time he is seeing the project plans at Council level and doesn’t know how much the project will cost; the public should be involved before the options are presented; the incoming Town Planner should be included in the planning; is Friar Associates uniquely qualified – they are architects not planners; does the wording in the contract commit the town to contract with Friar going forward; will the items be separate on the referendum or together.  He would like to wait for town staff to be hired before the project continues.


Ms. Weintraub asked Brian Solywoda from Friar about a presentation to the Board of Education and the 9 steps involved.  She commented that the timeline seems very ambitious.  Mr. Solywoda noted that the schedule can be altered.  She asked if research has been done on the parking at Center School for staff and patrons, what is the impact on the Village Center both positive and negative and what is the impact on the Memorial School property.  Mr. Solywoda will be researching this information.

Chairperson Engel noted that the total price will be approximately $51 million before educational rebates which will bring the final to approximately $30 million.  Jeff Jylkka, Ted Hintz and Jeff O’Keefe have been working on a forecast.  Ms. Engel finds it encouraging to work with Friar as the town has established a relationship with them.  She does not feel the Town Planner needs to be on board prior to the start of the project.

Mr. Goff commented on the difference between the original contact with Friar and the proposed contract and the outcome of each.  He doesn’t feel it is in the town’s best interest to wait to begin the project.  

Mr. Cordeiro noted the Board of Education portion of the project needs to be done, we have outgrown the Town Hall and there is a large rental cost for the Annex.  We need this portion of the project to present the final project to the taxpayers.

Ms. Weintraub noted that the original Friar document is an inventory.  She noted there should be a master plan.

A motion was made by Mr. Tuttle, seconded by Mr. Devine, to approve the Friar contract as presented.  Voted (5-2) Mr. Minnick and Ms. Weintraub voted against.

  • Epoch Arts Grant Application:  Chairperson Engel reviewed the resolution that allows the Brownfields Steering Committee to offer assistance in an advisory role to Epoch Arts or any other not for profit organization, in the execution and administration of an EPA Brownfields Grant.  
  • Celebration of Commissions/Committees:  Mr. Goff reviewed a plan that he and the Town Manager discussed to collaborate with the school district to sponsor an evening of recognition and celebration of the Town’s Councils, Boards, Commissions and Advisory groups.  The event is planned to be held at the Middle School one evening in December.  Ms. Weintraub suggested having the event in April during Volunteer Month.
Public Remarks:
Mike Filanda, 87 Quiet Woods Road, commented on the Quiet Woods Road project.  He provided photos to the Council.  He has some issues with the drainage improvements on the road.  Instead of putting pipe as drainage, ditches were put along the property.  He has spoken to Bob Drewry and the Town Manager.  He has no access to approximately 500 feet of his property.  There is a trench approximately 3.5 feet deep.  It could be a safety problem as only 1 car can pass along the road.  He would like funds appropriated to put in piping along the side of the road.  He feels his property has been devalued.  Mr. O’Keefe noted that CLA responded regarding the project.   Installing pipe within the swale would amount to 660 feet of pipe and 6 catch basins which would cost approximately $30,000.  Mr. Filanda noted that Mr. Drewry told him it would cost $25 per foot. Mr. Filanda would like access to his property as he always has in the past.  Scott Sanicki, another resident on Quiet Woods Road, thought there were originally different sets of plans that included paved roads and drainage.  Mr. Filanda would like the piping done along his property as it was near his neighbor’s property.

Donna Filanda, 87 Quiet Woods Road, commented that an agreement was made with the original property owner on Quiet Woods Road that the additional area on the road could be developed if he improved the road but that was never done.

Mary Ann Dostaler, 56 William Drive, noted that the ZBA approved a variance for the Distefano property on Route 66 and Main Street.  She urged the Council to seek a first right of refusal on the property.

Robert Lazor, 40 South Main Street, provided two letters to the Council related to the Belltown Place proposal on South Main Street related to the water system and aquifer testing.


Student Reports:
Brandon Goff, Middle School liaison, reported the following:
  • The Cross Country teams had exceptional seasons, with both the boys and girls capturing the Rich LeFave trophies at the league meet.  The boys came in 15th and the girls came in 9th place.
  • The boys soccer team ended its year with a record of 10 wins, 5 losses and 2 ties.
  • The girls soccer team ended with a record of 9 wins, 4 losses and 5 ties.
  • The student council put on a successful Halloween Bash for the 6th graders.
  • The student council is preparing for the 7th and 8th grade dance on November 14th
  • The entire school attended assemblies put on by a group of students from Branford High School who performed music and skits about tolerance, understanding and bullying.
  • The magazine drive raised over $6,000 for use in various school projects.
  • Many homerooms have started making posters for this year’s Red Ribbon Week celebration.
  • The Governor’s Summer Reading Challenge celebration recognized 82 students for their summer reading efforts.
Old (Continued) Business:
  • 25-27 Skinner Street Water Connection:  The background for the Public Water service connection to 25-27 Skinner Street was provided to Council.  Mr. O’Keefe answered questions regarding the water connection.  The Water Development Task Force is working on a policy as to how people can get connected to the Village Center Water System if there is excess capacity.
  • Creation of Senior Tax Initiative Task Force:  Chairperson Engel reported that as a result of many phone calls and comments from seniors and others regarding the Senior Tax Initiative Ordinance, the public hearing was cancelled for this evening until such time as a small task force can meet to further investigate the ramifications of such ordinance.  The Senior Tax Initiative Task Force will be charged with investigating the following:
  • freezing taxes versus waiving taxes
  • The long term financial impact on the town as well as to the eligible property owners
  • determining eligibility for the program
  • devising a best management practice for administration of the program
The task force shall include the following members:  Chris Goff, Sue Weintraub, Ted Hintz, JoAnn Ewing, Donna Ralston, Jeff Jylkka and Judy Parenteau.
A motion was made by Mr. Devine, seconded by Mr. Tuttle, to create a Senior Tax Initiative Task Force.  Voted (7-0).

Report of the Town Manager:
Mr. O’Keefe read the resignation letter from Robert Drewry, Superintendent of Public Works, who will be retiring at the end of December.  

Milone and McBroom sent a letter along with a letter from the town to property owners on South Main Street regarding the aquifer testing that will begin on November 19th.  A press release will be published.

The ZBA approved the variance on the Distefano property.  Mr. O’Keefe thanked Mr. Tuttle for speaking in favor of the variance.

The Request for Qualification process is underway for the Functional Assessment of Boards and Commissions and the Sears Park Master Plan.  The contracts should be awarded in late November/early December.

Congress is going to be working on an economic stimulus package tied to Public Works projects.  The town should contact our State representatives with possible project ideas.

Mr. O’Keefe asked that the budget policy statement process begin soon.

Mr. Minnick asked for an update on Niles Street.  It was noted that the Council will wait until the bridge opens before any further research is done on Niles Street.

Ms. Weintraub asked for an update on Route 151.  Mr. O’Keefe noted that he will contact the State Department of Transportation for an update.

Ms. Weintraub asked if it was appropriate for the Council to ask for a right of first refusal on the property at Route 66 and Main Street. Mr. O’Keefe indicated that he will request the Town Attorney draft a right of first refusal.

Ms. Engel noted that the holiday parade was to begin at the library.  The Council noted that maybe the parade could begin at Epoch Arts in case the bridge is delayed.

Ms. Weintraub asked about a schedule on lowering the dam in the future.  Mr. O’Keefe noted that he will be working with Irving Anderson and Matthew Bevin in the future.  There was a miscommunication this past October.
Appointments:  There will be a change in the process for appointments.  A new software program has been purchased to track terms and appointments.  This work will now be done through the Town Clerk’s office.  A press release will be put into the Rivereast for the Commission on Aging outlining the criteria for the Commission.  There was discussion regarding Carla Sylvester being appointed to the Redevelopment Agency rather than Brownfields Commission in error.  The Appointments Sub Committee will discuss this at their next meeting.

Liaison Reports:  
Mr. Tuttle reported for the Water Development Task Force that the Village Center Water System is complete.  Some minor details are being worked on.

Mr. Tuttle reported that the Clean Energy Task Force has received information regarding possibilities for the Memorial School roof.  Mr. Tuttle also toured a clean energy plant in Middletown.

Mr. Tuttle reported for WPCA that the sewer project on Route 66 should be done in two weeks.  There is a cost overage due to ledge and concrete roadway.  The cost will be split between Marlborough and East Hampton.  The entire strip of road will be repaved in the spring.

Mr. Tuttle put out a request to the Lake Commission for detail on water runoff samples that were taken from various sites.

Chairperson Engel attended the Senior Moments Meeting on Monday.

Ms. Weintraub noted that the Streetscape Committee will have a meeting on November 19th and will have an actual LED fixture with various lenses and globes.

Mr. O’Keefe reported that the Streetscape project will continue until the concrete manufacturers determine the end of the season.

Resolutions/Ordinances/Policies/Proclamations:
Mr. O’Keefe reviewed the State of Connecticut – Department of Social Services Resolution for Special Funding for Municipalities Program.  The resolution is a formality due to the change in Town Managers during the term of the contract.  A motion was made by Mr. Cordeiro, seconded by Mr. Devine, to approve the resolution for Special Funding for Municipalities program.  Voted (7-0).

A motion was made by Mr. Devine, seconded by Mr. Goff, to approve the resolution authorizing the Brownfields Steering Committee to offer assistance in an advisory role to Epoch Arts in the execution and administration of an EPA Brownfields grant.  Voted (7-0).

Financial Transactions:  None

Tax Refunds:
A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to approve tax refunds in the amount of $415.33.  Voted (7-0).  

Bids and Contracts:  None

Communications and Announcements:  
Chairperson Engel reviewed a letter received from a resident regarding the voting process.

Chairperson Engel reminded the Council members and members of other Boards and Commissions of the town’s Code of Conduct.

Mr. Minnick provided a pamphlet to be given to the Economic Development Commission regarding a child care micro loan.

Ms. Weintraub asked about the ZBA decision timeline for Angelico’s.  Mr. O’Keefe will investigate this question.

Coming Up – Tuesday, November 25, 2008:  
Resolution & Recognition of Girls Cross Country team.

A motion was made by Mr. Devine, seconded by Mr. Goff, to add an executive session regarding pending litigation after Public Remarks.  Voted (7-0).

Public Remarks:
Brandon Goff, 253 Hog Hill Road, asked about a rumor of a gym being built on Skinner Street.

Rob Lazor, 40 South Main Street, asked why the aquifer test is going to be conducted when the P&Z issue is still in litigation.  Chairperson Engel noted that the results will determine how much water is still available.

Mary Ann Dostaler, 56 William Drive, noted that she had the privilege to work at the election and it was gratifying to see so many voters turn out that day.  She commented on the behavior at Council level.

Kyle Dostaler, 56 William Drive, also commented on the behavior at Council level.

Reserved:  
A motion was made by Mr. Devine, seconded by Mr. Goff, to enter executive session regarding pending litigation at 8:40 p.m.  Voted (7-0).

The Council exited executive session at 8:50 p.m.

A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to direct the Town Manager to proceed to submit a proposal to purchase land recommended by the Water Development Task Force and to bring a map of the property to the Council.  Voted (7-0).

Adjournment:  
A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to adjourn the meeting at 8:55 p.m. Voted (7-0).

Respectfully submitted,



Cathy Sirois
Recording Secretary