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02/10/2009 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, February 10, 2009
Eaton E. Smith Meeting Room – Town Hall

Minutes

Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, William Devine, Christopher Goff, 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.

Not Present:  Scott Minnick

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 motion was made by Mr. Goff, seconded by Mr. Cordeiro to approve the minutes of Town Council Regular Meeting of January 27, 2009 with the correction to Ms. Wasilewski’s public comment stating that the Library was concerned that their budget might get cut.  Voted (6-0).

A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to amend the agenda to move 11A to 7A, 7C to 7B, 7B to 7C and 7A to 7D.  Voted (6-0).

Student Reports:  
Brandon Goff, Middle School liaison, reported that the Pennies for Patients program is continuing.  Their goal is $3,500.  They have $1,100 so far.  They had mismatch day where the students pay a quarter to wear mismatched clothing. Tomorrow is odd object day, students pay a quarter and bring in an odd object.  Another fun day is crazy hair day.  The Volleyball season has started.  There will be a 7th and 8th grade dance on March 20th.  There will be a 6th and 7th grade dance in April. On a sad note, a teacher at Center School, Ms. Grzybowski, passed away over the weekend.

Special Presentations:  
Recognition of Retiring Police Sergeant Michael Fitzpatrick:  Mr. Cordeiro read a proclamation for Sergeant Fitzpatrick.  Sergeant Fitzpatrick was unable to attend the meeting.

Public Remarks:
Donna Jenks, 33 Meeks Point Road, noted her concerns with the large amount of sand being put down on the streets especially near the lake as it is running into the lake. She commented that Glastonbury uses a liquid on their roads.  She asked if the town could look into that product.

Art Marsden, 32 Meeks Point Road, commented that he supports Ms. Jenk’s comments regarding the sand.

Barbara Moore, 7 Overlook Road, commented that she supports the board and commission recommendations.  She agrees with keeping the Ethics Commission.  She also supports the combination of the Lake and Conservation Commissions.

George Coshow, 26 Shipyard Road, agrees with combining boards especially to eliminate overlapping responsibilities.  The regulations and authorities should be re-examined and reworded.  

Ron Buccilli, Anderson Way, agrees with combining boards.  Each group should have a clear mission and goals that are measurable.

Peter Brown, 76 Barton Hill Road, agrees with the board consolidation. His concern is when commissions are formed on top of land use boards it impacts the land use boards.

John Ciriello, 30 Childs Road and Chairman of the Lake Commission, noted that he doesn’t agree with the consolidation of Lake Commission and Conservation Commission.  If all members are retained it will be a very large group.  The issues for each group are different. He spoke with Chuck Lee of the Department of Environmental Protection, who feels that the lake is so important to East Hampton with a host of problems as it is an impaired lake.  He also commented on the dredging of Hales Brook.  He feels the Lake Commission is important and ten to fourteen people meeting for a three hour night to work on a variety of issues won’t work if the thought is to meet two times per month it is not good.

Christopher Burt, Day Point Road, would like to see the Conservation and Lake Commissions combined.  He would like to see the Streetscape committee sunset.  He supports the board reduction.

Ray Zatorski, Wopowog Road, commented that the Design Review Board presented their guidelines at the February Planning & Zoning meeting.  He noted that there is no town staff representation on the board.  He noted that State legislature has decreased the amount of time for a decision on an application and the increased review needs for projects near the lake which include EDC, Design Review, Lake Commission, Conservation Commission, Planning & Zoning and Inland Wetlands.  He feels the town needs to capture and transmit the expertise and credentialed experience on the Design Review Board while keeping a timely process and the present system problems must be addressed before the next big application.

Mary Ann Dostaler, 56 William Drive, commented that the Design Review Board should remain to support Planning & Zoning.  She hopes no action is taken until the Planner is hired and there is a workshop with Planning & Zoning and the Design Review Board.  Regarding the Lake and Conservation Commission, she asked why the Conservation Commission is not being held accountable for the lake watershed plan as they have been in existence longer than the Lake Commission.

Bill Reardon, 55 South Main Street, commented on the South Main Street project.

Laurie Wilcox, 4 Hawthorne Road, commented that it makes sense to look at combining the boards and save money.  

Larry Prevost, Niles Street, thanked whoever was responsible for getting the streetlight back on Niles Street.

Dick Gosselin, Hills Avenue, commented that the Design Review Board is a good tool for planning purposes. He feels the town needs direction.  The town needs guidelines for steps to take to accomplish a project. He doesn’t feel the town should sunset the Design Review Board.

Eric Peterson, 210 Tartia Road, commented that streamlining the commissions is good for the townspeople.

Laurie Wasilewski, Hog Hill Road, believes the Design Review Board should be kept.  She noted the important thing to remember is that the report stresses a lack of communication and communication should come from the top down.  Make sure the boards know what is asked of them.  Related to the meeting minutes, she would like to make clear that she did not say at the last meeting that a library staff member ever told her their budget had been cut.  She also feels the meeting minutes don’t always depict correctly what happens in the meetings.

Barbara Goff, Schoolhouse Lane, asked about the delay on the bridge.  That item will be discussed later in the meeting.

Kyle Dostaler, 56 William Drive,  asked if a cost benefit analysis has been done with combining the boards proposed.  He agreed with not disbanding the Ethics Commission and the combination of Brownfields and Redevelopment however, he does not agree with the combination of the Lake and Conservation Commissions.  He noted that the Lake Commission is very specific in their charge and Conservation is more broad ranging for the whole town.  He feels the lake needs to be dealt with seriously as it is impaired.

Tom Wells, North Main Street and member of the Lake Commission, commented that the town did not act on the plan put together in the 1990’s from the Lake Advisory Committee.  He noted that the Conservation Commission has never done a watershed plan for the lake.  He commented on the inaccuracies in the report from Ekman Consulting and validity of the report. He feels that a change in the commissions could delay the work on the lake.

Jim Morris, Marshall Road, commented that he supports the report.  It is an opportunity for a more efficient operation and better communication.  He doesn’t feel that the work to date on the lake will be lost, the work will continue.  He is hopeful that the Council will take Mr. Zatorski’s observations seriously.

Mark Philhower, 212 White Birch Road, agrees with the recommendations in the report.   The State and towns are cutting back we shouldn’t be expanding.   He feels the Town Planner position should not be filled at this time due to the economy.  The applications in P&Z are way down. He wouldn’t rush to fill that position.

Sheila Wall, Old West High Street, commented that she feels we are over endowed with commissions.  We need to downsize to something accomplished and agrees with combining commissions.

Mark Habedank, 95 Champion Hill Road and new member of the Lake Commission, commented that he has reviewed past data of the lake.  He feels the town should avoid reducing focus on the issues.  Combining with the Conservation Commission may dilute the focus.

Mr. Cordeiro read a letter from Scott Hill, Chairman of the Design Review Board, submitted a letter to be read into the minutes.

Chairperson Engel received emails from the following individuals that were unable to attend the meeting:

Sharon Kjellquist, member of the Board of Finance, agrees that the number of commissions without clear direction increased significantly over the past few years.  We have seen the monetary effect of this in our budgets and drain on our town management staff.  We have overlapping committees without clear direction.  Each commission should have clear direction with a clear start and end date.  

Pat Fales agrees with the consolidation of the Conservation and Lake Commissions.

Paul Peszynski, member of the Lake Commission, agrees with the consolidation of the Lake and Conservation Commission.  He feels there is a duplication of efforts between Lake Commission, Conservation Commission and Park and Rec commission.  A consolidated venue would be a better use of the time and effort of the volunteers.

Chairperson Engel also noted that East Hampton Report, an online newspaper, conducted a survey regarding the combination of the Lake Commission and the Conservation Commission.  It was noted that 61% responding were in favor of the combination, 33% were against the combination and 6% had no opinion.

Peter Brown, 76 Barton Hill Road, requested that the streetlight near his home be put back in place.

Mary Ann Dostaler, 56 William Drive, commented that she asked prior to the report being done if the Task Forces would be included and it was indicated that they would be however they are not included.  Why not consolidate the task forces into the appropriate groups that they are associated with.

Dorian Boissenault, Daniel Street, commented there are no streetlights on her road.

Scott Sanicki, Quiet Woods Road, thanked the Town Council, Jeff O’Keefe and Cathy Sirois for providing a link on the website to the agenda items for the Town Council meetings.

Chris Burt, Day Point Road, noted that the Sears Park painting in the Town Manager’s office will be returned to his home.  Perhaps there is another painting that can be put into the office.

Kyle Dostaler, 56 William Drive, commented on the accuracy of the online survey. He also commented on the number of board and commissions in other towns and feels that the East Hampton report is inaccurate.

Barbara Moore, 7 Overlook Road, asked if the Reminder News has a permit to throw their newspapers all over town.  Ms. Engel will have that researched.

New Business:
Mr. Goff thanked the staff and volunteers on the Senior Tax Initiative Task Force for the work that they did on putting the information together for the proposed tax freeze ordinance.  A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to sunset the Senior Tax Initiative Task Force.  Voted (5-1) Mr. Cordeiro voted against.  

Old (Continued) Business:
  • Approval of Senior Tax Relief Ordinance:  Mr. Tuttle supports the ordinance noting that it is a fair way to protect those that need it most.  Mr. Goff supports the ordinance noting it is a good start.  He also noted that it is a voluntary program.  Mr. Cordeiro agrees on the importance of the ordinance for those that need it but is concerned about the lien.  Ms. Weintraub noted that it is a start and maybe there can be better programs in better times.  There is a need for education of the residents that could be eligible including notes on the tax bills and meetings at the Senior Center.  Mr. Devine also supports the ordinance.  There was discussion regarding the other tax waive option that was voted down by the Board of Finance.  A motion was made by Ms. Weintraub, seconded by Mr. Goff, to adopt the Property Tax Freeze Relief Ordinance for Certain Elderly Homeowners.  Voted (6-0).
  • Adopt Recommendations of Functional Assessment Study:  
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to not disband the Ethics Commission.  Voted (6-0).

A motion was made by Mr. Tuttle, seconded by Mr. Goff, to combine the Brownfields Steering committee and the Redevelopment Agency into a new “Brownfields Redevelopment Agency”.  Voted (6-0).  Mr. Goff complimented the Chairs of the Redevelopment Agency and the Brownfields Steering Committee for their willingness to work together on this merger.

A motion was made by Mr. Tuttle, seconded by Mr. Devine, to have the Town Manager work directly with a few members of the Design Review Board, a member from EDC, a member from P&Z, ZBA, the planning administrator and other selected members to institutionalize an internal town hall design review committee to review all developer applications prior to their submittal to P&Z for final site plan approvals.  The current Design Review Board guidelines (once fully adopted) would become the standard in which developer applications would be reviewed by this internal Design Review Committee. Once this internal committee is fully functioning, the current Design Review Board would be sunset.  Voted (5-1) Ms. Weintraub against.  The Council discussed the pros and cons of this motion prior to the vote.

A motion was made by Mr. Devine, seconded by Mr. Tuttle, to combine the Conservation Commission and the Lake Commission into a “Conservation and Lake Commission”.  Voted (5-1)  Ms. Weintraub against.  The Council discussed the pros and cons of this motion prior to the vote.

A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to sunset the Streetscape Steering Committee in the spring when the project is fully completed. Voted (4-2) Ms. Weintraub and Mr. Tuttle against.  

A motion was made by Mr. Cordeiro, seconded by Mr. Devine, to adopt and implement all of the operational recommendations of the study.  Voted (6-0).

  • Street Name Clarifications:  This item is tabled to the February 24th meeting.
  • Proposed Supplemental Appropriations Ordinance Change:  Mr. O’Keefe reviewed the letter from the Town Attorney regarding the Additional Appropriations Ordinance changes requested by the Board of Finance and changes related to a conflict with the Town Charter. Chairperson Engel read a letter from Ted Hintz, Chairman of the Board of Finance, as he was not able to attend tonight’s meeting.  Mr. Cordeiro noted that he is only in favor of the wording that puts the ordinance in line with the charter.  Ms. Weintraub is also in agreement with only changing the wording to put the ordinance in line with the charter.  A motion was made by Mr. Devine, seconded by Mr. Goff, to send the proposed Additional Appropriations Ordinance changes to a public hearing.  Voted (4-2) Mr. Cordeiro and Ms. Weintraub against.
Report of the Town Manager:  
Main Street Bridge Update:  Mr. O’Keefe provided a letter to Council regarding the Main Street Bridge.  Meetings were held on February 4th and February 6th, with another meeting scheduled for February 11th.  A temporary road surface can be prepared once the frozen ground is thawed but there are significant public safety concerns.  A temporary surface would need to be constantly maintained.  Additional information will be provided after the meeting on February 11th.  The contractors will be paying a penalty of $300 per day from December 5th to completion.  

The Town Engineer has met with the residents of Pine Brook Road and are working on a plan for the road.

Appointments:  
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to appoint David Kneeland to the Middle Haddam Historic District Commission with a term through December 31, 2013.  Voted (6-0).  

Reappointments to other boards will be tabled to a future meeting.

The interviews for the Commission on Aging will be completed on Thursday, February 19th.

The Middlesex Chamber Revitalization Committee has requested the appointment of Richard Leone as East Hampton’s representative to the Middlesex County Revitalization Commission.  Voted (6-0).

Liaison Reports:  
Facilities Implementation Task Force has met several times.  The proposal has been reviewed by the Board of Education.  The next meeting is scheduled for Thursday, February 12th at 8:00am.  

Mr. Tuttle reported that the Clean Energy Task Force will meet on Wednesday, February 11th rather than their regular night of February 12th.  There will be a presentation by Bob Holland regarding wind turbines.  Mr. Tuttle provided a copy of a grant application for a wind study at Memorial School.  

A motion was made by Mr. Devine, seconded by Mr. Goff, to authorize Mr. Tuttle to move forward with the grant application.  Voted (6-0).

Mr. Cordeiro noted that he spoke with Comcast regarding filming the Council meetings.  There is no cost associated with filming.  The equipment would be lent to us but we would need a volunteer to run the equipment.  It was also noted that the Board of Education is also interested in filming their meetings.

Resolutions/Ordinances/Policies/Proclamations:  None

Financial Transactions:  None

Tax Refunds:
A motion was made by Mr. Devine, seconded by Mr. Goff, to approve tax refunds in the amount of $2,362.11.  Voted (6-0).  

Bids and Contracts:
  • Contract Award for CDBG Grant Assistance:  A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to award a contract to L. Wagner and Associates to assist the Town in preparing grant applications for the State’s Small Cities Community Development Program (CDBG) and authorize the Town Manager to sign the contract, pending Town Attorney review, with L. Wagner and Associates to commence work.  Voted (6-0).
  • Contract Award for Affordable Housing Incentive Grant Study:  A motion was made by Mr. Tuttle, seconded by Mr. Devine, to authorize the Town Manager to execute a contract with Planimetrics, LLC to perform an affordability study pursuant to DECD grant in an amount not to exceed $50,000.  Voted (6-0).
Communications and Announcements:  
Mr. O’Keefe reported that the Secretary of State’s Office and the Town Council will be honoring all East Hampton World War II Veterans on Thursday, May 7th at 11am.  Mr. O’Keefe will check with the Secretary of State’s office to see if the ceremony can be held on a weekend rather than a weekday.


Public Remarks:
Kyle Dostaler, 56 William Drive, asked if the Board of Finance took the initiative to change an ordinance in the Town Council’s purview at a cost of $4,100 and denied the Seniors $10,000.  He also commented on a Rivereast article related to a quote by Ms. Engel regarding confidential ethics commission cases.  Ms. Engel noted that the case involved a relative and that is why she had knowledge of the case.  He also thanked Ms. Weintraub for her work on the housing initiative and Mr. Tuttle on his work on the Clean Energy Task Force.

Scott Sanicki, Quiet Woods Road, commented that he is in favor of taping the Council meetings and asked if it is possible to involve students.  Also he asked about the size of the equipment and would the Town Hall have a space issue?

Mary Ann Dostaler, 56 Wililam Drive, commented on the actions to combine the Lake and Conservation Commission.  She asked what the new commission would look like as she noted that it was stated that members wouldn’t be removed from the combined commissions. She also asked about communication with the commissions and what do the commissions do in the meantime.  Ms. Engel noted that it was never stated that members wouldn’t be removed.  Mr. O’Keefe will meet with the current Chairs to determine how the commission will be molded.  Mr. O’Keefe will send a letter to all commissions informing them how to proceed until the process is completed.

Patience Anderson, Anderson Way, noted that she hopes to be staying on the Conservation and Lake Commission and looks forward to pooling resources.  

Brandon Goff, Hog Hill Road, noted that the Middle School does a Panther Post each week, a newscast to the school.  Mr. Hendricks, the computer teacher, works with 10 students to do the newscast.  Maybe students from the Panther Post could help.

Reserved:  None

Adjournment:  
A motion was made by Mr. Devine, seconded by Mr. Cordeiro, to adjourn the meeting at 9:05 p.m. Voted (6-0).

Respectfully submitted,


Cathy Sirois
Recording Secretary