Town of East Hampton
Town Council Regular Meeting
Tuesday, August 11, 2009
Eaton E. Smith Meeting Room – Town Hall
Minutes
Present: Chairperson Melissa Engel, Vice Chairman Thomas Cordeiro and members, Christopher Goff, 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: William Devine and John Tuttle (Mr. Tuttle joined the meeting via telephone at two points during the meeting).
Call to Order and Pledge of Allegiance: Chairperson Engel called the regular meeting to order at 6:35 p.m. All stood to recite the Pledge of Allegiance.
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to add a proclamation to the agenda under Resolutions/Ordinances/Policies/Proclamations. Voted (5-0).
Approval of Minutes:
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to approve the minutes of the Town Council Public Hearing of July 14, 2009 as amended. Voted (5-0).
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to approve the minutes of the Town Council Regular Meeting of July 14, 2009 as amended. Voted (5-0).
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to approve the minutes of the Town Council Special Meeting/Executive Session of August 4, 2009. Voted (4-0-1). Mr. Minnick abstained as he was not in attendance at the meeting.
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve the minutes of the Town Council Special Meeting of August 4, 2009 as amended. Voted (4-0-1). Mr. Minnick abstained as he was not in attendance at the meeting.
Public Remarks:
James Royster, 17 Shipyard Road and Chair of the Middle Haddam Historic District Commission, noted that he has recently been made aware of correspondence addressed to the Town Council and Town Manager from Margaret Faber criticizing the Middle Haddam Historic District Commission Handbook. He explained the National Register of Historic Places listing, noting that the Middle Haddam Historic District as a whole is listed on the Register but individual structures are not listed. He also clarified the use of the wording of public way, street or place. Attorney Janet Brooks reviewed several legal points in the handbook. He feels that the Middle Haddam Historic District Handbook is legally correct and is an asset to the commission and the criticisms of the handbook are unwarranted.
Dave Simko, Chairman of the Board of Fire Commissioners, clarified an item on the Fire Department budget. The additional amount for the secretarial position listed in their budget is to get two additional hours per week; it is not a raise or a bonus. The additional hours would be used for data input into the Fire Department’s new software system.
John Hines, 17 South Main Street, thanked whoever is responsible for correcting the timing of the stoplight on South Main Street. He reported that there is a streetlight on South Main Street that has been out for 11 months. The proper authorities have been notified but it has never been fixed. Also South Main Street is developing cracks. He is concerned about heaving and potholes in the winter.
Mary Ann Dostaler, 56 William Drive, asked if there will be an update on the probate system at this meeting.
Nannette Woodcock, 1 Knowles Road and former Chair of the Middle Haddam Historic District Commission, provided a packet of information to the Town Council from January, 2007 from Attorney Janet Brooks reviewing the legal concerns of the Middle Haddam Historic District Handbook. She is hopeful the Town Council does not consider replacing the Commission handbook with the Faber guidelines.
Fran Klein, 12 Bellevue Street, re-introduced the request for a town noise ordinance that was presented at the June 9th Town Council meeting signed by 30 individuals. She noted that in the absence of a noise ordinance state statute prevails. She commented that the dispatchers and officers have always been courteous but noted they can request but cannot enforce. She reiterated the difficulty of dealing with the loud music. She would like to see the results of the decibel meter.
Scott Sanicki, 102 Quiet Woods Road, asked about 200 foot radius for the water source and possible additional costs to the town for the Barton property and the land trust property.
Bonnie Sweet Reilly, Lake Boulevard, commented on noise issues at Angelico’s and why the police don’t have the decibel meter. She also commented on traffic and parking issues on the day of the hot dog eating contest at Angelico’s. She noted that no tickets were issued to the private vehicles that were parked in no parking zones. She asked about occupancy of the building and who is supposed to check on occupancy violations. She would like to know where the decibel meter is and why were no tickets issued to vehicles in no parking zones.
New Business (continued):
Mr. Tuttle joined the meeting via telephone.
Approve Resolutions for Flanders Road Easement, St. Clements Property and Greer Property and Set Town Meeting Date:
Ms. Engel provided an overview of the properties needed for the water source for a future water system. She noted that securing these properties does not mean there is a water system planned. Many negotiations have taken place with Father Doherty at St. Clements, Jarvis Barton and Middlesex Land trust for the permanent easements needed for the sanitary radius for the water source. Mr. Tuttle reviewed the positives of having the water source ready and believes it is a great opportunity for the town. Ms. Engel reviewed the additional easements needed as part of the sanitary radius on the Middlesex Land Trust Property and on property owned by Jarvis Barton. Middlesex Land Trust has already granted the town an easement to use that property. Ms. Engel reviewed a letter outlining the requests of Mr. Barton in
providing the easement on his property, which include moving his septic system and addressing some erosion issues. The other property to be purchased for the water source is the Greer property behind Cobalt Market. The water treatment plant would be built on this property. A town meeting will be scheduled to vote on the St. Clements easement, the Greer property purchase and the Flanders Road easement. A paper ballot will be used for voting at this town meeting.
Mr. Cordeiro stated that this is just the preparation for securing the water source not the debate of a water system in the future.
Mr. Goff thanked Mr. O’Keefe, Mr. Tuttle, Ms. Engel and Mr. Susco for their work to get the town to this point and feels this is the time to move on the water source.
Mr. Minnick asked why the Flanders Road easement is included in the town meeting. Mr. O’Keefe explained that all real estate transactions need to be approved at town meeting but the funding has already been approved. Mr. Minnick reviewed a history of water up to the last referendum. He noted that now the vote for the water source will go to a town meeting, not a referendum, with the end game being a water system.
Mr. Tuttle commented that we are not debating a water system now, this is foresight for the future.
Mr. Tuttle exited the telephone call in to the meeting.
Ms. Engel noted that Darryl Smith, the Executive Director of the Department of Public Health, supports the securing the water source. She is not uncomfortable with a town meeting vote as opposed to a referendum.
Mr. Cordeiro noted there is a future need for water. This is a prudent decision to send this to a town meeting to secure the water source for a future system.
Ms. Weintraub asked about the road between the Middlesex Land Trust property and Mr. Barton’s property and asked if boat launching will be allowed. Mr. Susco noted that the road will be moved further onto Mr. Barton’s property. Boat launching will not be allowed but boat docking will be allowed at the Middlesex Land Trust property. Ms. Weintraub asked if land trust property can have an easement. Mr. Susco said that it is more of a covenant than an easement. It is different terminology. There is a verbal agreement at this time with Middlesex Land Trust Board of Directors. Ms. Weintraub asked how many property owners are currently without water or are unable to use their water. Mr. Susco reviewed the safe yield of the wells provided in the water supply plan. Based on three different
reports there were 61 properties from the Atlantic States Rural Water Association report from 2006, over 200 properties from the Maguire Group report and 100 properties from the Water Supply Plan Section 2-3. Ms. Weintraub voiced her concern about comments she received after the last referendum. She feels the town needs to have a better handle on what it will cost individual residents for a water system and that the Council needs to discuss those things. She would be more comfortable if there was a policy in place. She is concerned about the town meeting date and noted it should be put to a referendum and more research should be done.
Mr. O’Keefe noted that it is difficult to get stimulus funding because we do not have a water source.
Mr. Tuttle rejoined the meeting via telephone.
A motion was made by Mr. Cordeiro, seconded by Mr. Minnick, to adopt a resolution to acquire easements and rights in real estate located on Flanders Road: Lots 10 and 10A on Map 26, Block 87 as recommended by the Board of Finance at their special meeting on August 5, 2009. Voted (6-0). Mr. Tuttle voted via telephone.
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to adopt a resolution to acquire land and rights in real estate located on Middle Haddam Road and known as Assessor’s Map 01C Block 10 Lot 3 in the Town of East Hampton, County of Middlesex and State of Connecticut (Greer Property) and authorize an additional appropriation in the amount of $212,500 for the land purchase and $13,000 for associated costs as recommended by the Board of Finance at their special meeting on August 5, 2009. Voted (4-2) Mr. Minnick and Ms. Weintraub voted against. Mr. Tuttle voted via telephone.
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to adopt a resolution to acquire permanent sanitary easement and rights in real estate, the Easement Area is that portion of the premises owned by Grantor situated on the south side of the Portland-Cobalt Road (Connecticut Route 66) and known as 49 Oakum Dock Road in East Hampton, Connecticut (St. Clements) and authorize an additional appropriation in the amount of $673,000 for the permanent easement acquisition, $90,000 for the remediation of property and $27,000 for associated costs as recommended by the Board of Finance at their special meeting on August 5, 2009. Voted (4-2) Mr. Minnick and Ms. Weintraub voted against. Mr. Tuttle voted via telephone. Ms. Weintraub commented that she feels the vote for the water supply should go to referendum.
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to set the Town Meeting date of Tuesday, August 25, 2009 at 7:00 p.m. at the East Hampton High School. MOTION WITHDRAWN
Due to concerns for residents being away on vacation, the town meeting date will be moved into September.
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to set the Town Meeting date for Wednesday, September 9, 2009 at 7:00 p.m. at the East Hampton High School. Voted (6-0).
Mr. Tuttle exited the telephone call in to the meeting.
Old (Continued) Business:
Adoption of Wayfinding Signage Logo:
Liz Harris, Chairperson of the Streetscape Steering Committee was in attendance to provide an overview of the wayfinding signage program. Terri Prestash showed the latest revision of the signage logo which includes the date on the bell. The design is a readable version for drive-by signage. Mr. Cordeiro commented that in support of our traditional values and traditions of the past couple hundred years, it is a wonderful design. The signage logo will not be a replacement of the official town seal or logo. A motion was made by Ms. Weintraub, seconded by Mr. Cordeiro, to adopt the wayfinding signage logo as part of the wayfinding signage program. Voted (5-0).
Review Commission Handbook:
Chairperson Engel asked the Council members to review the draft of the Commission handbook for feedback at the next Council meeting. Mr. O’Keefe thanked Kerry Nielson for the work she has done on the handbook. Some revisions could include the manager’s welcome letter, the font size of the charter and code of ethics, the liaison listing should include email addresses. Suggestions will be provided to Kerry for revision for the next meeting.
Resolutions/Ordinances/Policies/Proclamations:
Proclamation for Gladys L. Smith: A proclamation was signed by Council members for Gladys L. Smith for her 100th birthday.
Bids and Contracts:
20 Ton Capacity Two Axle Equipment Trailer Bid:
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to award the purchase contract for the 20 ton two axle equipment trailer to Tyler Equipment in the amount of $19,275.00. Voted (5-0).
On Call Surface Drainage and Underdrain Installation Bid:
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to award the contract for on call surface drainage and underdrain installation to Butler Construction. Voted (5-0).
On Call Concrete Sidewalk Installation and Repair Bid:
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to award the contract for on call concrete sidewalk installation and repair to T&S Caminito. Voted (5-0).
Police Cruiser Bid:
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to award the bid for two 2010 Ford Crown Victoria Police Interceptor vehicles at $19,902.00 per unit to Crowley Ford. Voted (5-0).
Report of the Town Manager:
Mr. O’Keefe recognized Keith Hayden for his work in obtaining stimulus funding to repair Haddam Neck Road. Also through Mr. Hayden’s efforts, the town has gotten a $25,000 donation from Connecticut Yankee to use as the town’s portion of the stimulus funds for the Haddam Neck Road project.
Middle Haddam Historic District Commission: Mr. O’Keefe reviewed the letters received from Margaret McCutcheon Faber regarding the Middle Haddam Historic District Commission Handbook and the letters sent back to her in response. Mr. O’Keefe had the attorney review the information regarding the legal questions. Another letter was received today from Ms. Faber. Copies of the letters will be included in the minutes filed in the Town Clerk’s office. Also there were boundary questions that will be addressed at the September Council meeting. A new map is required and is being generated by our GIS company. There are some possible ordinance changes to be addressed. Mr. Cordeiro asked what the Council can do to help the situation. Mr. O’Keefe is working on
appointing a staff member for the Middle Haddam Historic District Commission. Legal resources will be available to the commission. Ms. Engel noted that any legal questions were reviewed by the Town Attorney and no issues were found with the information. Mr. O’Keefe will produce some guidelines outlining what the Council can do to assist the commission.
Middle Haddam: A report written by George Selmont, which was received by Town Council and others, outlines issues in Middle Haddam. Mr. O’Keefe addressed a couple of issues. The town will be having an A2 survey completed for the boat launch property so the boundaries can be defined and a plan can be prepared for that area. The tennis courts need to be cleaned up and parking can be addressed.
Route 196/66 Project: Mr. O’Keefe received a letter from the CT Department of Transportation notifying the town that there is no funding for the Route 196/66 project. He will work with the DOT to see if the State will be including that project in their transportation package, noting that maybe Gail Hamm can assist in getting that project put into the State’s package. Ms. Engel noted that she thought Ms. Hamm and Ms. Dostaler were not in favor of that project in 2006.
Mr. O’Keefe reported that the probate court redistricting commission will be holding a public hearing on August 20th at 1:00 p.m. At this time East Hampton is being grouped with Portland and Middletown.
Ms. Weintraub asked about the town wide noise issues. She also noted that she received a complaint that town staff had parked on private property during the hot dog eating contest. She reported that she met with Jim Carey and they did a test with the decibel meter in his office. She is concerned that the decibel meter is not being used and that the P&Z application for the sound wall at Angelico’s has been postponed. Mr. O’Keefe reported that a DEP noise officer was out to visit Angelico’s. Ms. Weintraub noted that she has also received complaints about loud motorcycles. She reviewed grants received in East Haven for additional officers to enforce various issues. Mr. O’Keefe will meet with the Police Chief and the DEP noise officer. Ms. Weintraub provided a sample
of noise levels on her CD player playing 40 and 80 decibels.
Appointments:
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to appoint/reappoint the individuals listed below. Voted (5-0).
- David Kelsey reappointment to the Water Pollution Control Authority through June 30, 2014
- Jeffry Foran reappointment to the Inland Wetland Watercourses Agency through June 1, 2012
- Scott Hill reappointment as an alternate to the Inland Wetland Watercourses Agency through June 1, 2012
- Maureen Heidtmann reappointment as an alternate to the Inland Wetlands Watercourses Agency through June 1, 2012
- Kevin Kuhr appointment as an alternate to the Planning & Zoning Commission through December 31, 2009
Financial Statements and Transactions:
Fire Department 2009-2010 Recommended Budget: Mr. O’Keefe reviewed the Fire Department budget. It represents a 7.3% overall increase. The Council recommends that the budget be sent back to the Board of Finance for the additional appropriation of $2,153 for additional hours for the secretary.
Tax Refunds:
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to approve tax refunds in the amount of $6,621.51. Voted (5-0).
Communications, Correspondence & Announcements:
Ms. Engel noted that there are three Freedom of Information complaints against the Water Development Task Force from Mary Ann Dostaler.
The Council applauded the Town Hall Times put together by the young women from the Brave Girls Strong Women program.
Mr. Goff is getting the forms together for the Town Manager’s yearly performance evaluation. Forms will be distributed at the September 8th Council meeting. Mr. O’Keefe noted that he is also doing performance reviews of his staff which includes a self evaluation and an evaluation done by him.
Coming Up:
Ms. Engel reported that the Showboat Parade will be held on Saturday, August 15th. Mr. Cordeiro asked that the police be vigilant in patrolling on that day near and on the lake.
Liaison Reports:
Ms. Weintraub reported that Kurt Komisky of the Board of Finance presented a policy statement draft that they are working on. Mr. Hintz confirmed with the town attorney that teleconferencing cannot be used to make a quorum. Also the Fire Department budget was discussed.
Ms. Engel reported that the Senior Moment meeting was cancelled but there will be a picnic in which Council is invited.
Public Remarks:
Kyle Dostaler, 56 William Drive, commented that it is good that the town meeting was moved to September 9th. It is good that town realizes this was never a shovel ready project. There are pros and cons to a centralized water system, it would improve public safety and health but it will also cause development. He feels it is a disservice to the residents to spend $1 million without a referendum. The town should have all easements in hand before moving forward. Mr. O’Keefe noted it is not $1 million but is half of that.
Fred Hanson, Keighley Pond Road, commented that Bob Heidel would be very happy that you are taking the work forward that he was involved in. The water source is the first step. He also agreed with James Royster and Nannette Woodcock’s earlier comments. He noted there were legal issues that were never resolved with the boat ramp in Middle Haddam.
Hunt Voelker, Chestnut Hill Road, commented on decibel levels and that a limit would need to be established at the property line.
George Selmont, 135 Middle Haddam Road, commented that his report contained a number of housecleaning issues in addition to the larger scope. Some of the smaller items were cleaned up quickly. He noted there hasn’t been much town involvement over the last seven years in maintaining the town properties in the village. The personality disputes don’t need Town Council attention. There are some bigger issues to be handled. The speeding issues in Middle Haddam need to be addressed, such as encouraging pedestrian use and changing the timing of the stop light will slow down traffic.
Mary Ann Dostaler, 56 Wililam Drive, commented that she has been trying to get involved and get information on the water system properties but no information has been public that is why she filed the Freedom of Information request. She commented that all legal easements should be in place before voting. She noted that the additional easements needed for the sanitary radius were never discussed and that at a recent Board of Finance meeting the Town Manager said no additional easements were needed.
Fran Klein, 12 Bellevue Street, commented on a May 2006 Planning & Zoning Meeting site modification plan for Angelico’s where Mr. Dodes noted there were no detrimental effects of the change as it is a commercial property. She noted the residents are now living with that decision. Ms. Klein requests that the information obtained from the meeting with Mr. O’Keefe and the DEP noise officer be shared and that maybe the residents should be involved.
Mary Ann Dostaler, 56 William Drive, clarified the record pertaining to the Rt 66 and 196 intersection. During the time of the application for the bank, P&Z approved the development based on a future road that wasn’t built. EDC brought this information to the attention of the P&Z and the Building Department. EDC supported the intersection until talking with the neighbors. The P&Z decision was uninformed and the funding was never in place by the state.
Gail Hamm, Spice Hill Drive, commented that she was not against the Rt 66/196 intersection. She convened a meeting with the neighbors and the DOT. The original plan was to remove the entire triangle and the neighbors did not want that. They asked that a new plan be designed to save the triangle.
Mr. O’Keefe responded to an assertion that he lied at a Board of Finance Meeting, he noted the question asked was if the town had to pay any more money for the additional easements, not if additional easements were needed.
Reserved: None
Adjournment:
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to adjourn the meeting at 9:30 p.m. Voted (5-0).
Respectfully submitted,
Cathy Sirois
Recording Secretary
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