Town of East Hampton
Town Council Regular Meeting
Tuesday, February 23, 2010
Eaton E. Smith Meeting Room – Town Hall
Minutes
Present: Chairperson Melissa Engel, Vice Chairman John Tuttle, Council members Thomas Cordeiro, William Devine, Christopher Goff, Barbara Moore and Susan Weintraub. Also present were Town Manager Jeffery O’Keefe, Recording Secretary Cathy Sirois, members of the press and citizens.
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 Ms. Moore, seconded by Mr. Tuttle, to approve the minutes of the Town Council Public Hearing and Regular Meeting of February 9, 2010. Voted (4-0-3) Mr. Goff, Mr. Cordeiro and Mr. Devine abstained.
A motion was made by Mr. Tuttle, seconded by Mr. Goff, to move item 9A, Approval of Resolution for Memorial School Roof & Oil Tank Project, to item 3B following Student Council Reports. Voted (7-0).
A motion was made by Ms. Weintraub to add an additional Public Remarks item to the agenda immediately following the discussion of the Middle Haddam Historic District Ordinance. The motion was not seconded. No action taken.
Student Council Report: The Student Council representatives were not present but Mr. Goff reported that the Boys & Girls Volleyball teams at the Middle School held their first game today. The boy’s team won.
Special Presentation: A proclamation and plaque were presented to the Clean Energy Task Force for not only achieving the 20% by 2010 clean energy goal but by exceeding the goal by reaching 27%.
Approval of Resolution for Memorial School Roof & Oil Tank Project: The Town Council is required to approve the resolution for the project in order to move ahead with bonding and to submit the project for a school construction grant. The Board of Finance unanimously approved the appropriation and bonding authorization and by consensus, requests the project be approved at a town meeting. Jeff Jylkka, Finance Director, noted that the authorization for funding must be for the full amount of the project and grant funding is figured in when received. The figures are based on engineering estimates; the actual figures will be based on bids received. There is a provision in the resolution allowing for the preparation of the roof to have possible future solar energy improvements.
A motion was made by Ms. Moore, seconded by Mr. Devine, to approve the resolution in order to appropriate and bond for the costs associated with the Memorial School Roof and Oil Tank Replacement project and to send the project for approval to a town meeting. Voted (7-0).
Public Remarks:
Margaret Faber, Schoolhouse Lane, provided a letter and packet of information to the Council related to the Middle Haddam Historic District Commission ordinance revision discussion. She read from the letter which related to the 1977 Middle Haddam Study Report and the historic listing of properties in the Middle Haddam Historic District. The letter and document will be made a part of the minutes filed in the Town Clerk’s office.
Everett Breece, asked if the Council members that were absent from the last meeting were provided the information from that meeting. Ms. Engel noted that they were. Mr. Breece asked if state statute says the listing of historic homes cannot be included in the ordinance, what does the Middle Haddam Historic District Commission mean by saying all the buildings will be treated the same and if the border stays at the high water mark would the Commission still hear applications for structures at the high water mark.
James Royster, Middle Haddam Historic District Commission Chairman, commented in support of the revisions to the Historic District Ordinance as recommended by the Middle Haddam Historic District Commission.
Patricia Harmon, Middle Haddam Road, spoke against the changes proposed to the Historic District Ordinance.
Barbara Angelico, Middle Haddam, spoke in support of Middle Haddam.
James Shugert, 72 Middle Haddam Road, spoke in support of the proposed changes to the Middle Haddam Historic District Ordinance.
Fred Hansen, 2 Keighley Pond Road, spoke in support of the proposed changes to the Middle Haddam Historic District Ordinance.
Ron McCutcheon, Middle Haddam, commented that the boundary of the historic district was listed as the center of the river in the study report. He would like the list of historic homes to remain in the ordinance.
Doug Mackeown, Middle Haddam, spoke in support of the proposed changes to the Middle Haddam Historic District ordinance.
John Hines, South Main Street asked what materials will be used for the new Memorial School roof and where did the estimates for the cost come from. He also asked who stands to gain by changes to the Middle Haddam Historic District ordinance.
Jane Quinn, Long Hill Road, would like the list of historic homes to remain in the ordinance.
Anne McKinney, Long Hill Road, commented in support of the Middle Haddam Historic District Commission and commented on the state of affairs in Middle Haddam.
Alannah Coshow, Shipyard Road, commented in support of the proposed changes to the Middle Haddam Historic District Commission ordinance.
Paul Rapo, Middle Haddam Road, commented that he feels the list of properties does not need to be included in the ordinance.
Kyle Dostaler, 56 William Drive, would like to hear valid reasons from the town attorney regarding the boundary change for the Middle Haddam Historic District.
Scott Sanicki, 102 Quiet Woods Road, thanked Mr. O’Keefe for facilitating the removal of the abandoned vehicles behind town hall. He also asked about Phase 3 of the Flanders Road project.
Scott Minnick, South Main Street, commented that he has the May 11, 1977 Middle Haddam Historic District document in his files if the town needs that document. He also commented on the boundary issue and feels it should be in the center of the river. He questioned the need for the change.
Mary Ann Dostaler, 56 William Drive, commented that she is glad that the Clean Energy Task Force and the town are making commitments to clean energy. She also asked what the Clean Energy grant funds will be used for.
Peter Walsh, Middle Haddam, commented on a past dock request in Middle Haddam, noting the Commission didn’t have the right to approve the dock but had design authority so that it fit within the district. He doesn’t want the Town Council to give away the authority from Middle Haddam.
Nannette Woodcock, 1 Knowles Road, read from the minutes of the September 8, 2009 Town Council meeting that outlined the purpose of the changes for the Historic District ordinance. She also noted that the listing of historic homes was created by the State and is owned and maintained by the Council on Tourism. The State is the only one that can change the listing.
Laurie Wasilewski, Hog Hill Road, commented that she feels the list of historic properties should remain in the ordinance and that the boundary should be the center of the river. Regarding the sidewalk ordinance, she believes the clearing of sidewalks is a service that should be discontinued. Regarding the nuisance ordinance, she would like to see an ordinance put in place to handle the noise issues that have been addressed.
Peter Brown, Barton Hill Road, commented that the State has control of the river and what is built in the river. He also commented on a noise ordinance and what can be included in it.
Lorena Walsh, Middle Haddam, noted that she would like the listing of historic properties be kept in the ordinance.
Bunny Simko, Long Hill Road, commented that she is hopeful the Council will vote on the Middle Haddam Historic District Ordinance tonight.
Sylvia Garstka, Middle Haddam Road, spoke in support of the proposed changes to the Middle Haddam Historic District ordinance.
George Coshow, Shipyard Road, commented that the Assessor’s field cards will be modified to indicate all homes in the historic district.
Chuck Roberts, Middle Haddam, commended the Middle Haddam Historic District Commission now and from 20 years ago, they do a good job.
Letters were received from Jane Quinn, Wint Aldrich, Tamzen Mackeown and Doug Mackeown on the Middle Haddam Historic District ordinance; Susan Wielgosh on the nuisance ordinance; Rod Rinell on the sidewalks; and David Wylie on a town cemetery driveway. All letters will be filed with the minutes in the Town Clerk’s office.
A motion was made by Mr. Goff, seconded by Ms. Moore, to move Item 6B, Consider Adoption of Revised Middle Haddam Historic District Ordinance, to Item 6A.
Old Business:
Consider Adoption of Revised Middle Haddam Historic District Ordinance: Attorney Jean D’Aquila was in attendance to answer questions from Council members. Ms. Engel asked Attorney D’Aquila if it is necessary for Ms. Weintraub to recuse herself from this topic since her home is included on the list of historic homes. Attorney D’Aquila noted that it is not necessary for Ms. Weintraub to recuse herself.
Attorney D’Aquila provided an overview of the boundary line issue and the historic property listing as detailed in the agenda report which will be made a part of the minutes filed in the Town Clerk’s office.
Each Council member provided their comments on the issues.
Mr. Devine noted that he feels the issues have been clarified for him and noted that past and present Historic District Commission members have done a good job.
Ms. Moore also feels the issues have been clarified for her. She appreciates everyone’s passion for the topic.
Mr. Goff commented that the homes listed on the report are still being housed in the handbook and are filed with the state so the homes do not lose any of their historic value.
Mr. Tuttle commented that he was glad to have the clarification from the town attorney and agrees with the historic district commission’s recommendations.
Mr. Cordeiro commented that he appreciates everyone’s passion; he feels the boundaries are more clearly defined, the language of the ordinance is simplified and there is nothing negative in the changes proposed. He feels the Council needs to support the Historic District Commission.
Ms. Weintraub asked questions of the town attorney. She asked if the state statute requires lot and block numbers for the historic properties. Attorney D’Aquila noted they do not need to be listed. Ms. Weintraub referenced the 1976 and 1977 study committee reports and their reference to the boundary in the center of the river. Her interpretation was that the results of the study report were adopted into the ordinance. There was discussion of Ms. Weintraub’s and Mr. O’Keefe’s conversations with Mary Dunne from the State Historic Preservation Commission.
A motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to adopt the revised Middle Haddam Historic District ordinance as proposed by the historic district commission and as written by the Town Attorney. Voted (6-1) Ms. Weintraub against.
Ms. Engel thanked everyone for their work on this item.
Discussion of Draft Sidewalk Ordinance:
Chairperson Engel provided an overview of the proposed sidewalk ordinance. The agenda item refers to the list of sidewalks that are currently being plowed.
Mr. Devine, Ms. Moore, Mr. Goff and Mr. Tuttle feel the town should continue to plow all of the sidewalks that are currently done minus Spice Hill and Royal Oaks. Ms. Engel feels the town should clear the loop around Main Street, Route 66 and Summit Street as well as North Main Street. Mr. Cordeiro and Ms. Weintraub feel that the only sidewalks that should be maintained are those in front of the municipal buildings. These are tough economic times and spending should be cut.
A motion was made by Mr. Goff, seconded by Mr. Tuttle to continue on with discussions regarding the Sidewalk Ordinance with the sidewalks listed in the ordinance minus Spice Hill and Royal Oaks. Voted (4-3) Ms. Engel, Ms. Weintraub and Mr. Cordeiro against.
A motion was made by Mr. Goff, seconded by Mr. Devine, to schedule a Public Hearing on March 9, 2010 at 6:00 p.m. regarding the Sidewalk Ordinance. Voted (7-0).
Discussion of Possible Nuisance Ordinance:
Ms. Engel took a poll of the Council members to determine who would like to pursue a nuisance ordinance. Mr. Cordeiro, Mr. Tuttle, Mr. Goff, Mr. Devine and Ms. Moore do not want town staff to pursue the ordinance. Ms. Weintraub is interested in pursuing this issue. The Council discussed noise/nuisance ordinances in other towns and how they handle these issues. Ms. Weintraub discussed the quality of life issues for the residents.
A motion was made by Mr. Goff, seconded by Ms. Weintraub, to move 2009-2010 Budget Transfers following the next item. Voted (7-0).
New Business:
Approval of Working Agreement between the Town of East Hampton and the Local RI-216 National Association of Municipal Employees (NAME/NAGE): A motion was made by Mr. Tuttle, seconded by Mr. Goff, to approve the working agreement as bargained in good faith between union representatives and Town representatives during closed negotiations. Voted (6-1) Mr. Devine against.
2009-2010 Budget Transfers: Jeff Jylkka provided an overview of the budget transfers that are needed to cover payroll shortages due to the recent settlement of the Town Hall/Public Works union contract.
A motion was made by Mr. Tuttle, seconded by Ms. Moore, to approve the transfers as recommended by the Board of Finance on February 16, 2010. Voted (5-2) Mr. Devine and Ms. Weintraub against.
Report of the Town Manager:
Mr. O’Keefe reviewed the following:
- The water easements are at the State. The town should be hearing from them soon.
- The next Let’s Talk East Hampton forum will be held on Wednesday, March 10th at 6:30 p.m. in the Middle School Library. The topic will be Community Master Planning.
- Mr. Angelico is finalizing his plans for Planning & Zoning. He will be meeting with the sound engineer and will be meeting with Jim Carey and Jeff O’Keefe prior to the Planning & Zoning meeting.
- The members of the Navigational Task Force Ordinance will be Joe Carbonell from Friends of the Lake, Mike Brogan from the Conservation-Lake Commission, Rich Norkun from Parks & Recreation Advisory Board, John Tuttle from the Town Council and James Dicaprio and Jim Morris from the community at large. Glenn Gustine may be added to the list of members. The staff members will be Ruth Plummer, Tim Dowty and Kerry Nielson.
- Nancy Selavka has been appointed to the Conservation-Lake Commission.
Resolutions/Ordinances/Policies/Proclamations: None
Approval of Resolution for Memorial School Roof and Oil Tank Project Building Committee: A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to approve the resolution establishing a building committee for the Memorial School Roof and Oil Tank Project. Voted (7-0). Ms. Engel requested that Mr. Goff be the Town Council member on the committee. The other committee member’s names will be announced at a future meeting.
Bids and Contracts: None
Appointments:
Mr. Cordeiro reported that Matthew Necci who was recently appointed to the Ethics Commission has submitted his resignation as he will be moving out of town.
A motion was made by Mr. Cordeiro, seconded by Ms. Moore, to make the following appointments and the above noted resignation:
- Meg Wright to the Planning & Zoning Commission as an alternate with a term through December 31, 2011.
- Leroy Goff to the Fire Commission with a term through November 30, 2010. this will complete the term of Matthew Walton, who resigned to be on the Board of Finance.
Voted (5-1-1) Mr. Goff abstained from the vote. Ms. Weintraub voted against. Prior to the vote, Ms. Weintraub noted that she felt that Derek Johnson, an attorney, would have been a good appointment to the Planning & Zoning Commission.
Financial Statements and Transactions: None
Tax Refunds:
A motion was made by Mr. Tuttle, seconded by Mr. Devine, to approve tax refunds in the amount of $17,459.42. Voted (7-0).
Communications, Correspondence & Announcements:
The Plan of Conservation & Development task list will be included on the March 9th agenda.
Ms. Engel asked about the Village Center sign. Mr. O’Keefe reported that the Department of Transportation needs to place this sign.
The Tri Board meeting will be held on Wednesday, February 24, 2010 at 7:00 p.m. in the Middle School Library.
Public Remarks:
Larry Prevost, Niles Street, commented on the sidewalk ordinance.
John Hines, South Main Street, commented on the noise issue at Angelico’s. He also commented on the sidewalk ordinance. He noted if some sidewalks are done then all should be done. He also noted that just because they have always been done doesn’t mean it needs to continue.
Fred Hansen, 2 Keighley Pond Road, commented on the sidewalk ordinance and noted when he was on Planning & Zoning had reservations about including sidewalks in new subdivisions.
Mary Ann Dostaler, 56 William Drive, commented that there were three opportunities for the Council to take a leadership position. Regarding the Middle Haddam District ordinance to give a compromise to keep the boundary in the middle of the river and get rid of the list. The second opportunity would have been to appoint Derek Johnson to Planning & Zoning. She feels it was a loss of an opportunity to help heal the rift of the political parties. The third opportunity was in not pursuing a noise/nuisance ordinance.
Bunny Simko, Long Hill Road, commented that the minority will always be the one to complain. The people who are content with situations will not come to meetings.
Laurie Wasilewski, Hog Hill Road, commented on the Code of Conduct of the town. She takes issue with comments she read in a news article regarding the Freedom of Information complaint from Mary Ann Dostaler. She feels an apology is in order.
Scott Sanicki, 102 Quiet Woods Road, commented on the sidewalk ordinance and would like to see the costs for plowing, the cost of the machine and the number of homes that would be serviced. The costs could be comparable to providing trash removal to residents.
Kyle Dostaler, 56 William Drive, commented that it is a shame that Derek Johnson was not appointed to the Planning & Zoning Commission. He is very qualified for that position. He feels it is a huge loss to the town and Derek would have been a better choice.
Scott Minnick, South Main Street, commented that laws should be used for planning for a tool for the future. He also commented that Planning & Zoning needs skilled and intelligent people and not appointing Derek Johnson is a loss to the town.
Irene Curtis, Wangonk Trail, agrees that not appointing Derek Johnson is a loss to the town. She also noted that noise from Angelico’s can be heard across the lake.
Mr. O’Keefe responded to questions as follows:
The Flanders Road RFP is getting ready to be released.
The Clean Energy Grant for $60,000 is for a project to retrofit and automate controls in the Senior Center/Library.
The Council meeting will be broadcast on Comcast Channel 15 at 1:00 p.m. on Thursday.
The Tri Board meeting will be held on Wednesday, February 24 at 7:00 p.m.
Reserved: None
Adjournment:
A motion was made by Mr. Tuttle, seconded by Mr. Goff, to adjourn the meeting at 9:30 p.m.
Respectfully submitted,
Cathy Sirois
Recording Secretary
| 
