Town of East Hampton
Town Council Regular Meeting
Tuesday, June 9, 2009
Eaton E. Smith Meeting Room – Town Hall
Minutes
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, William Devine, Christopher Goff (via telephone), Scott Minnick and Susan Weintraub. Also present were Town Manager Jeffery O’Keefe, Recording Secretary Cathy Sirois, members of the press and citizens.
Not Present: John Tuttle
Call to Order and Pledge of Allegiance: Chairperson Engel called the regular meeting to order at 6:33 p.m. All stood to recite the Pledge of Allegiance.
Approval of Minutes:
A motion was made by Mr. Cordeiro, seconded by Mr. Minnick, to approve the minutes of the Town Council Public Hearing and Regular Meeting of May 26, 2009 as written. Voted (5-0-1) Mr. Devine abstained as he was absent from the last meeting.
Student Reports: None
Public Remarks:
Red McKinney, Long Hill Road, noted his concern over the petition received by the Town Council regarding a noise ordinance. He noted that a noise ordinance would affect all activities throughout town such as Old Home Day and other private activities. Mr. McKinney spoke in support of Angelico’s Restaurant and noted that Mr. Angelico has made changes to meet the concerns of neighbors such as changing the bandstand, constructing higher fences etc.
Ms. Engel read a letter and signed request from Fran Klein and approximately 27 residents in the area of Angelico’s Restaurant. A copy of the letter and signed request will be included with the minutes in the Town Clerk’s office.
Ms. Engel read a letter from Jill Simko of 85 North Main Street in support of Angelico’s Lakehouse Restaurant. A copy of the letter will be included with the minutes filed in the Town Clerk’s office.
Fran Klein, 12 Bellevue Street, noted that the signed document submitted to the Town Council is a request not a petition. She noted that the neighbors do not want to close Angelico’s. The neighbors would like to be able to live in concert with each other.
Ann Garwood, 2 Barbara Avenue, made note of letters written to the Town Council in 2006 and 2007 regarding the noise. She did note that Mr. Angelico has made some changes to his property to control the noise but noted her concern for the stage that is being constructed close to her house. She referred to State Statutes regarding noise. She would just like to see the speakers turned down or off.
Bonnie Sweet Reilly, 41 Lake Boulevard, commented on noise issues with loud motorcycles. She noted a noise ordinance could benefit the entire community and could allow permits for special events.
Tim Smith, 36 Haddam Neck Road, read a letter commenting on the condition of Haddam Neck Road. The letter will be included in the minutes filed in the Town Clerk’s office.
Susan Wielgosh, 79 North Main Street, thanked the Town Council for having this discussion on the noise and thanked CL&P for correcting the lighting issue in the parking lot. There is still a problem with a light in the satellite parking lot. She would like a response by June 23rd as to when this light will be brought to code.
Kyle Dostaler, 56 William Drive, commented that there is a difference between incidental noise and excessive noise. Special events could be excluded from a noise ordinance. He noted people just want consideration and the noise issues at Angelico’s are a constant occurrence from late spring to fall.
Andrew Tierney, 85 North Main Street, commented that you cannot segregate noise in a noise ordinance. He is the Interim Town Manager in the Town of Hebron. They did not adopt a noise ordinance due to the restrictions and enforcement issues.
Mary Ann Dostaler, 56 William Drive, commented that Angelico’s has utilized Sears Park for overflow parking and asked if Angelico’s has exceeded a capacity at the restaurant than can be contained.
Kevin Reed, 5 Hawthorne Road, commented that the noise from motorcycles is handled through the police department. He is not in favor of a noise ordinance.
Amanda Johnson, 3 Woodland Street, commented that she feels sorry for the neighbors of Angelico’s that have small children due to the noise late at night.
Victoria Brothers, Main Street, commented on behalf of the staff of Angelico’s in favor of the restaurant. Mr. Angelico has made changes to the property in a good faith effort to the neighbors and should be commended. She commented on Mr. Angelico’s generosity to the community.
Irene Curtis, 13 Wangonk Trail, commented that she can hear the noise from Angelico’s across the lake. She feels it needs to be toned down and be contained within reasonable hours.
Gladys Yeager Griswold, 70 North Main Street, commented in favor of Angelico’s. She enjoys the music from Angelico’s. She noted that the overflow parking at Sears Park was for the Poker Run fund raiser. Permission was received from the Town. She noted the area near the lake has been improved and feels Angelico’s is good for the town.
Alison Bliss, Arden Drive, commented that while Mr. Angelico has contributed to the community it should not exempt him from noise issues.
John Moore, 15 Lake Boulevard, noted that he is new to town and lives very close to Angelico’s parking lot. He has no issues with the music at Angelico’s. He supports Angelico’s. He has more issue with the barking dog in his neighborhood.
Ann McLaughlin, 85 North Main Street, noted that she enjoys the music from Angelico’s and doesn’t see it as a nuisance. She asked that the town do a great deal of research before considering a noise ordinance.
Rich Leone, 32 Viola Drive, commented that he supports Angelico’s. He noted that other measures could be taken regarding noise than an ordinance. He feels the petition is targeting Angelico’s. He noted that maybe a bandshell with sound proofing would help.
Carol Groves, 85 North Main Street, commented that motorcycles are a way of life. She is against ordinances. She would like to see alternative ways to work out the noise issues with Angelico’s. She supports Angelico’s.
Jon March, 85 Mountainview Road, commented that maybe the final stop of the Poker Run should not have been Angelico’s in a residential zone. He provided the Council with a packet of information on sound containment products.
Laurie Wasilewski, Hog Hill Road, commented that since there were only 58 respondents to the survey for Sears Park, she is concerned that the Master Plan is based on such a small response. She also asked about funding for the project.
Steve Diemer, 47 Eastham Bridge Road, noted that he is the Chairman of the Friends of the Lake. He spoke of the important role of Angelico’s and events held there for their fundraising. He feels a noise ordinance would be a detriment to Angelico’s.
Gail Peterson, 36 Skinner Street, commented that she is in favor of Angelico’s and is not in favor of a noise ordinance. She commented that motorcycle noise is another issue. She noted that Angelico’s brings business into town.
Alicia Kissinger, 85 North Main Street, commented that it is rare that she hear noise from Angelico’s. She noted many fundraisers held at Angelico’s. Mr. Angelico has made modifications to the property to minimize the amount of noise.
Patience Anderson, 17 Anderson Way, noted it is an unfortunate situation for Angelico’s and their neighbors but the issue needs to be dealt with. Another issue that concerns her is the tone of a letter in the Rivereast from one Council member toward another Council member.
Jon March, 85 Mountainview Road, would like to see a sign noting the area is a residential zone, please go quiet and slowly. He would like to see more police patrols in that area.
Ms. Engel took a poll of the audience - no one was in favor of a noise ordinance but by a raise of hands, approximately 20 individuals would like to see other measures taken to control the noise.
Ms. Engel also submitted for the record a letter from Joe Carbonell of 5 Bobby Road and Gail Cavanaugh of 85 North Main Street. The letters will be included with the minutes filed in the Town Clerk’s office.
A motion was made by Mr. Devine, seconded by Mr. Cordeiro, to move item 5D to 5A on the agenda. Voted (6-0)
New Business:
Discussion on Excessive Noise Control: James Carey, Building, Planning & Zoning Official, provided an overview of State of Connecticut regulations regarding Control of Noise. He noted that an ordinance should include a list of exemptions. For individual, private events, an individual could apply for an exemption. Enforcement of noise ordinances requires the use of a decibel meter. Also provided were a copy of a noise ordinance from Brookfield, Connecticut and a listing of noise complaints received by the Police Department for Angelico’s.
Ms. Engel noted that she, Mr. O’Keefe, Mr. Carey and Paul Angelico met to discuss the noise issues. He has moved the stage and is working on other options to quiet the noise.
An update will be included at the next Council meeting.
John Tuttle joined the meeting via telephone conference call.
Further Discussion of Sears Park Master Plan Presentation: Mr. O’Keefe will meet with the Parks & Recreation Advisory Board and will schedule a Public Hearing at a future date to further discuss the options. The adoption of the plan and the formation of a building committee will occur after the Public Hearing. The funding and prioritization of the phases will also be discussed.
Discussion on Purchasing Property Next to Sears Park: This property is no longer available.
A motion was made by Mr. Devine, seconded by Ms. Weintraub, to move item 7A to 6A. Voted (7-0).
Bids and Contracts:
Award Contract for Computer Assisted Mass Appraisal (CAMA) Software: Donna Ralston, Assessor, reviewed the bids received for the new CAMA software package. It is recommended that Town Council approve the CAMA software purchase from Vision Appraisal at a cost of $25,000. A motion was made by Mr. Devine, seconded by Mr. Cordeiro, to award the CAMA software bid to Vision Appraisal in the amount of $25,000. Voted (7-0).
New Business (continued):
Report on Steps and Timeline for the Functional Assessment Review & Recommendation Reports: Kerry Nielson, Director of Community & Environmental Planning, reviewed the proposed steps and timeline for the implementation of the Functional Assessment Review and Recommendations Report. She is developing an orientation handbook for each commission to provide information to new and existing commission members. Collaboration and communication between boards and staff will be addressed. A draft of the document will be presented to Council at an upcoming meeting.
Old (Continued) Business:
Discussion of Plan of Conservation & Development Implementation Table: Mr. O’Keefe asked that each Council member forward their top 10 recommendations to him and he will review the recommendations with Jim Carey.
Resolutions/Ordinances/Policies/Proclamations:
Abolishment of Current Lake & Conservation Commissions: Mr. Cordeiro read the ordinance to abolish the current Lake and Conservation Commissions. A motion was made by Mr. Cordeiro, seconded by Mr. Devine to adopt the ordinance to abolish the current Lake and Conservation Commissions. Voted (5-2). Mr. Minnick and Ms. Weintraub against.
Mr. Tuttle ended his conference call in to the meeting.
Report of the Town Manager:
Jeff Jylkka, Finance Director, reviewed a recent project in the Finance Department requesting discounts from vendors. On June 1st, approximately 168 vendors were sent letters requesting prompt pay discounts and volume rebates. The prompt pay discount would allow for a percentage discount on a bill if it is paid within a certain number of days, such as 10, 15, 20 or 30 days. Ten vendors so far are interested in the prompt pay discount. The Finance Department will monitor the responses received.
Mr. O’Keefe attended a meeting regarding the redistricting of the Probate Courts in Connecticut. The bill is in the Governor’s office for signature. He will keep the Council updated on the progress of combining the probate courts in East Hampton, East Haddam and Portland.
Mr. Minnick asked about the Flanders Road Phase I project as he received a complaint about the road. He asked if the contractor will be going out to fix the issues. Mr. O’Keefe will have Keith Hayden provide a report at the next meeting. Mr. Minnick asked if CLA Engineers did the engineering work on all three phases. Mr. O’Keefe noted that they did and there were some design flaws but Mr. Hayden was involved in the engineering for Phase II. Mr. Minnick asked about the process of having the town hire additional labor to do future road work and utilizing Mr. Hayden as the engineer.
Mr. Devine asked about the storm drains on Route 16 between Food Bag and Smith Street. Mr. O’Keefe will pass the questions on to Mr. Hayden although this is a state road, we will inquire about the status. Also he noted complaints of road issues on Forest Street.
Ms. Weintraub asked about the progress on the Distefano property on Main Street and Route 66. Mr. O’Keefe noted that AT&T is working on the cables there. The State contractor will be working on the property once AT&T is finished.
Ms. Engel asked about the status of the empty property at the corner of Route 66 and Old Marlborough Road. Mr. Carey will follow up on this property.
Mr. O’Keefe noted that the Watrous Street property owner got a $16,000 fine and a contempt of court charge. The DMV will be towing vehicles related to this property.
The State of Connecticut is working on plans for the intersection of Route 16 and Smith Street.
Complaints were received regarding the tractor trailers on the property on Main Street across from the Board of Education office.
Ms. Weintraub asked about the Quiet Woods Road work. Mr. O’Keefe noted that Mr. Hayden is reviewing correspondence that was sent in by Scott Sanicki.
Ms. Weintraub asked about the light issue in the satellite parking lot at Angelico’s. Mr. Carey will work with Mr. Angelico on this issue.
Appointments: None
Liaison Reports:
Ms. Weintraub reported that the Streetscape Committee will meet with the Design Review Board and EDC regarding the signage program for the intersection of Route 66 and Main Street.
Mr. Goff noted that the Commission on Aging will have their first meeting on June 11th.
Ms. Engel reported that the Water Task Force will meet on Friday, June 12th.
Financial Statements and Transactions: None
Tax Refunds:
A motion was made by Mr. Cordeiro, seconded by Mr. Devine, to approve tax refunds in the amount of $379.51 Voted (6-0).
Communications, Correspondence & Announcements:
Mr. O’Keefe will be meeting with Comcast and Sandi Wieleba, Town Clerk, regarding recording the Town Council meetings.
Ms. Weintraub noted that she spoke to Dr. Golden regarding the Guilford teachers contract savings and provided some corrections to information provided by the union representative. She explained how Guilford’s Superintendent of Schools successfully reduced the Board of Education budget by $750,000. This was accomplished by freezing union salaried teachers’ step increases, reducing non-union salary increases and adding an early retirement policy. To prevent layoffs, the teachers insisted on taking a roll call and mediated negotiations with the BOE and Union reps through the Superintendent by adding a Memorandum Agreement. It was negotiated without opening up the contract.
Mr. Minnick requested clarification on the American Recovery and Reinvestment Act (ARRA) letter sent to the State Department of Health regarding the ranking of projects. Mr. O’Keefe noted that it appeared that the rankings were more based on project start date rather than by merit. It is being requested that the rankings be reviewed.
Public Remarks:
Mary Ann Dostaler, 56 William Drive, asked if there is a timetable for the work being done on the corner of Route 66 and Main Street. She also noted that the color banding done by the Department of Transportation on Route 66 for their portion of the Streetscape project is not correct. She asked that the DOT colors be corrected. Also, she was pleased to see the audio files of the Town Council meetings on the website but asked if they can be compressed for accessibility.
Scott Sanicki, Quiet Woods Road, commented that he is not in favor of a noise ordinance. He noted that the town should talk to Robert Selmer at the University of Hartford on what can be done regarding noise. He has students that do studies on noise. He also noted that Quiet Woods Road is looking better. For the final piece he is asking for the Public Works Director to utilize his expertise on erosion protection.
Alison Bliss, Arden Drive, asked if the town budget is audited. Mr. O’Keefe noted that the town is audited every year.
Patience Anderson, 17 Anderson Way, asked when the first meeting of the combined Lake and Conservation Commission will be held. Mr. O’Keefe noted that a tentative is scheduled for July 9th. That date will be confirmed.
Kyle Dostaler, 56 William Drive, commented that engineering projects can run into issues from time to time but it seems many town projects have had issues. He asked if the town can deal with other engineers besides CLA. He feels the engineer should be held more accountable and maybe the town should look at other companies.
Irene Curtis, 13 Wangonk Trail, thanked Mr. Cordeiro for crediting Ms. Weintraub for looking at the vendors for the town.
Mary Ann Dostaler, 56 William Drive, noted that she is glad to hear that there has been a new look at possible savings with the vendors.
Laurie Wasilewski, Hog Hill Road, asked if some of the 7:00am meetings would be held at a different time that is more convenient to more individuals.
Alison Bliss, Arden Drive, asked if the town is at liberty to fire the engineering company? Can the town sue them for their mistakes? Ms. Engel noted that the issues are handled through the bonding.
Reserved: None
Adjournment:
A motion was made by Mr. Devine, seconded by Mr. Cordeiro, to adjourn the meeting at 9:40 p.m. Voted (6-0).
Respectfully submitted,
Cathy Sirois
Recording Secretary
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