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04/13/2010 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, April 13, 2010
Eaton E. Smith Meeting Room – Town Hall

Minutes

Present: Chairperson Melissa Engel and Council members Thomas Cordeiro (arrived at 6:35 p.m.), 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.

Not Present:  William Devine and John Tuttle

Call to Order and Pledge of Allegiance: ~Chairperson Engel called the regular meeting to order at 6:00 p.m. All stood to recite the Pledge of Allegiance.

Approval of minutes was moved to later in the meeting.

Student Council Reports:  None

Public Remarks:  
Don Coolican, Board of Education, noted that he is available at the meeting for questions on the East Hampton Education Association contract.

Ed Sawyers, 77 Barton Hill Road, commented that he is representing four homes on Barton Hill Road that have been having sewer system problems.  This has been a recurring problem for six

Fran Klein, 12 Bellevue Street, commented on the letter that she presented at the last meeting regarding re-visiting a noise ordinance and the noise issues.

Denise Sawyers, 77 Barton Hill Road, commented that she is hopeful that a meeting regarding the sewer issues on Barton Hill will take place soon.  She noted it is a very stressful situation and that it is an unfair burden on the taxpayers living there.

Ethan Hartwig, 64 Royal Oaks Avenue, commented on the water issue in the Royal Oaks development.  He disagrees with the surcharge to have the issue repaired.

Mark Niosi, 20 Julia Terrace, commented on the Royal Oaks water issue.  He feels there should have been more communication with the homeowners.

Laurie Wasilewski, Hog Hill Road, commented on the budget.  She noted that she appreciates the concessions on the budget but the 4.04% increase is intolerable.

Mary Ann Dostaler, 56 William Drive, voiced her concerns that there was not an adequate scrutiny of the budget.  

Reannon Heckler, 73 Barton Hill Road, Joseph Jarzabek, 79 Barton Hill Road and Reggie Owocki, 75 Barton Hill Road, asked for their names to be put on record as having sewage issues on Barton Hill Road.

Jeff Sickles, 21 Julia Terrace, commented on the water issues in Royal Oaks.  He noted that they do pay homeowner fees and that maybe the water repair fees can be taken from that.

Mr. Cordeiro arrived during Public Comments.

Approval of Minutes:
A motion was made by Mr. Goff, seconded by Ms. Weintraub, to approve the minutes of the Town Council Regular Meeting of March 23, 2010.  Voted (4-0-1). Ms. Moore abstained as she was not present at that meeting.

New Business:
Adoption of Fair Housing Resolution, Policy Statement and Title VI Equal Opportunity Statement:  
Each year the town adopts the Fair Housing Resolution, the Fair Housing Policy Statement and the Title VI Equal Opportunity Statement.

A motion was made by Mr. Cordeiro, seconded by Ms. Moore, to adopt the Fair Housing Resolution, the Fair Housing Policy statement and the Title VI Equal Opportunity Statement.  Voted (5-0).

Ms. Weintraub questioned an ordinance related to a Housing Partnership (Chapter 66) and why it is not in force.  Mr. O’Keefe will research the history of that ordinance.

Approve Capital Improvement Charge for Village Center Water System:
The improvements to the Village Center Water System treatment process, under the 2008 Consent Order, has resulted in an increase in safe yield to the system.  The WPCA has developed a fee structure for future customers that could be served by this additional water.  The current connection fee of $1,250.00 would be increased by $2,675.00 per EMU for a total charge of $3,925.00/EMU.  The Council discussed the possibility of a payment plan for this cost to new users.

A motion was made by Mr. Goff, seconded by Ms. Moore, to authorize the WPCA to include an additional charge of a Capital Improvement fee of $2,675.00/EMU (Equivalent Meter Units) to future customers of the Village Center Water System with an amendment allowing an option of 4 payments over 2 years in 6 month increments with no interest charged.  Voted (5-0).

Authorize Improvements to Royal Oaks Water Treatment Plant:
Beginning in late February, 2010, the WPCA began receiving a large amount of dirty water calls from customers of the Royal Oaks Water System.  Vin Susco reviewed the issue and the costs involved.  He noted the comparison of a customer being on a water system as opposed to a private well, noting that an owner with a private well would be responsible for the costs.  The full cost to complete the project to correct the water issue will be a $10.00 per month per EMU water infrastructure surcharge for 39 months.  There was discussion regarding the lack of communications with the residents on the system.

A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to authorize the WPCA to proceed with improvements to the Royal Oaks Water System treatment plan as outlined by the April 6, 2010 engineering report of GeoInsight, Inc. (amended April 8, 2010 as requested by the WPCA) and recommended by the WPCA at its regularly scheduled meeting of April 6, 2010.  Voted (5-0)

The Council would like an update on the situation in six weeks and also an update on a communications plan with the residents on the system.

The Council would also like an update on the Barton Hill sewage issue at the April 27th meeting.

Old Business:
John Tuttle joined the meeting by phone.

Review, Discuss and Possibly Adopt Proposed Sidewalk Ordinance as Amended and Consider the Formation of a Special Services District for Same:
The original vote on the sidewalk ordinance was not passed. The sidewalk ordinance is able to be brought back to the Council by a dissenting voter on the original motion.

A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to adopt the sidewalk ordinance as drafted by the Town Attorney.  Voted (4-2) Ms. Engel and Ms. Weintraub against.  

Prior to the vote, Ms. Weintraub noted her concerns regarding continuing the sidewalk clearing.  Mr. O’Keefe provided an overview of the special services district.

Approve Memorial School Roof & Oil Tank Building Committees:
The Town Council approved the resolution establishing the make up of the Building Committees for the Memorial School Roof and Oil Tank Replacement projects at their February 23, 2010 meeting.  The named individuals now need to be approved.

A motion was made by Mr. Cordeiro, seconded by Ms. Moore, to approve the resolution naming the members of the Building Committee for the Memorial School Roof Project.  Voted (6-0).

A motion was made by Ms Moore, seconded by Mr. Cordeiro, to approve the resolution naming the members of the Building Committee for the Memorial School Oil Tank Replacement Project.  Voted (6-0).

Approve and Adopt the 2010-2011 Budget, Set Town Meeting Date and Set Budget Referendum Date:
The Council provided their comments on the budget submitted by the Board of Finance.  

Ms. Moore commented in favor of the proposed budget and would like it put to referendum without further cuts. She feels the Town Manager thoroughly reviewed the budget.

Ms. Weintraub commented that the budget is too high.  She feels there should be a 0% increase.  She would like to have heard a budget presentation explaining the items in the book and she wanted to hear more scrutiny.

Mr. Tuttle commented that the budget can’t be cut year after year.  He feels it needs to be put to the voters with no cuts at this point.

Mr. Goff also feels that the budget needs to be put to the voters without more cuts.  

Mr. Cordeiro wants to put the budget to voters as is.  He thanked the teachers for renegotiating their contract.

Ms. Engel noted that Mr. Devine feels the budget is too high.

Ms. Engel also feels the budget is too high.  She commented on the engineer position and the EDC consultant.  She feels the Board of Education concessions are good but more cuts are needed.

Mr. O’Keefe noted that the only change that needs to be made to the proposed budget is a transfer from the Town Clerk’s budget to the Senior Center budget for the upgrade of the Senior Center’s one quarter time employee to a half time employee.

A motion was made by Mr. Goff, seconded by Ms. Moore, to adopt the 2010-2011 budget with an adjustment moving $6,480 from the Town Clerk’s budget to the Senior Center budget for the upgrade of the Senior Center’s quarter time employee to a half time employee.  Voted (4-2).  Ms. Engel and Ms. Weintraub voted against.

A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to set the Town Meeting date of April 26, 2010 for the budget.  Voted (6-0).

A motion was made by Mr. Cordeiro, seconded by Ms. Moore, to set the referendum date of May 4, 2010.  Voted (6-0).

Mr. Tuttle ended his phone participation in the meeting.

Review and Approve the Renegotiated Contract Between the Board of Education and the East Hampton Education Association:
Ms. Engel provided an overview of renegotiated contract between the East Hampton Education Association and the Board of Education.  The summary document will be included with the minutes filed in the Town Clerk’s office.

A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to approve the renegotiated contract between the Board of Education and the East Hampton Education Association.  Voted (5-0).

Report of the Town Manager: ~~
Mr. O’Keefe reported on the following:
  • He met with Mr. Angelico regarding the band shell.  He is working on completing the sound proofing project hopefully in the next two weeks. Ms. Weintraub provided information on an article from Vernon regarding the denial of an application for an amphitheater as a non-permitted use. She would like Mr. O’Keefe to look into the town regulations for permitted use for outside music with amplification.
  • The Clean Energy Task Force has received a grant for $4,500 for an education campaign for young people.
  • The RFP for the lake aeration system is almost complete.
  • The town is looking into a state program for alternative fuel vehicles.
Mr. Goff asked about a washout near a drainage apron on Flanders Road.
Ms. Engel asked about the Village Center sign.
Ms. Weintraub would like to the see the breakdown for legal fees for the Town Manager’s office. She would like to see a policy on litigation where Council would be updated at a certain point in the proceedings based on the amount of money spent.  She is still waiting for copies of the bus driver manuals before and after the incident where the student was left on the bus.  She also would like copies of the bus driver maintenance records prior to March.

Resolutions/Ordinances/Policies/Proclamations:  None

Bids and Contracts:  None

Appointments:  None

Financial Statements and Transactions:
Approve Contingency Transfer:
The Board of Finance approved a contingency transfer of $9,950 from the contingency account to the Town Manager’s Professional Services account to award a contract to Tighe & Bond for the development of a Financial Planning Program for the town’s Municipal Water System as was recommended by the town’s Water Development Task Force.  This planning program will allow the town to pursue grant funds.

A motion was made by Mr. Cordeiro, seconded by Ms. Moore, to approve a contingency transfer of $9,950 from the contingency account to the Town Manager’s Professional Services account as recommended by the Board of Finance on March 29, 2010 and as recommended by the Water Development Task Force.  Voted (5-0).

Tax Refunds:
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to approve tax refunds in the amount of $3,176.35.  Voted (5-0).

Communications, Correspondence & Announcements:
A packet of communications was provided to the Council members.
Ms. Weintraub asked about the Boards and Commissions coming to the Council meetings to provide updates since there are no longer liaisons from Council.  EDC and Planning & Zoning will be invited to the May meetings for a 5 minute presentation.

Public Remarks:
Deb Robinson, Board of Education, provided an update from the Public Relations meeting on April 1st.  They talked about their mission to increase voter turnout and to make sure information is provided to the residents via newspapers, signs and online.

Fran Klein, Bellevue Street, commented that if the teachers and administrators are giving things up for the budget, is Mr. Nichols giving up the cost per pupil for transportation. She noted that she objects to the Superintendent sending letters home with the school children supporting the budget. She was told about such a letter last year.  She also noted that she never heard an outside band at the old hotels and restaurants in town.

Mary Ann Dostaler, 56 William Drive, asked why the Memorial school roof and oil tank building committees were named prior to the town meeting.  She provided information on a budget meeting from Glastonbury where they had a very detailed presentation including what is included, what is not included and goals that were achieved the previous year. She is also concerned about the public relations committee advocating for the budget.

Laurie Wasilewski, Hog Hill Road, commented that she feels it is unfair that parents are used as a target group for the budget.  She had a question about the legal fees related to the Charter Revision Commission and the total cost for the Charter Revision.  She also commented on bullying, as she was the target of malicious comments in a newspaper article blog.

Reserved:  None

Adjournment:
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to adjourn the meeting at 8:55 p.m.

Respectfully submitted,

Cathy Sirois
Recording Secretary