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05/25/2010 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, May 25, 2010
Eaton E. Smith Meeting Room – Town Hall

Minutes

Present: Chairperson Melissa Engel, Vice Chairman John Tuttle and 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 7:00 p.m.

Approval of Minutes:
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve the minutes of the Town Council Public Hearing of May 11, 2010 and the Town Council Regular Meeting of May 11, 2010.  Voted (7-0).

Student Council Reports:  
Brandon Goff from the Middle School reported the following:
  • The baseball team is 10-0 and the softball team is 5-1-1
  • The Staff Appreciation Breakfast was held last week
  • The Memorial Day assembly will be held on May 28th
  • The 6th grade Field day is June 11th and the 7th grade Field day is June 3rd  
  • The 8th grade field trip to High Meadow will be held on June 11th
Public Remarks:  
Mary Ann Dostaler, 56 William Drive, commented that she was present when the Council entered Executive Session and expressed concerns she has of the Council’s regard for state statutes and Freedom of Information.

Josh Piteo, 26 West Point Road, commented on the wayfinding signs for the Village Center.  He is concerned about directional signs being placed in the triangle in the Village Center.  He noted that the Garden Club has property rights to that piece of property.

Angelo Tammaro, 27 Lake Boulevard, asked about the walls being built at Angelico’s and questioned whether permits were taken for this work.  He commented on building restrictions, the wall blocking the view of the neighbor and that it is a traffic hazard.

New Business:
Discussion of Alternative Options for Relocation of Town Hall Annex:  
The Town received notification from CL&P that they will not be renewing the lease of the Town Hall Annex.  Mr. O’Keefe provided an overview of the agenda report submitted. He will provide more details at the June 8th Council meeting of site opportunities that are available.  Although the Probate Court was set to be housed in East Hampton, the Court will move temporarily to Marlborough, for at least a year.  There is also another long term opportunity for the court to move to East Haddam in the future.  

Old Business:
Adoption of Charter Revision Commission Report & Other Related Matters:
At the last Council meeting and Public Hearing, comments were heard regarding the Charter Revision Final Report.  The Charter Revision Commission held another meeting to discuss those comments.

Adopt Charter Revision Commission Report
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to adopt the Charter Revision Commission Report.  Voted (6-1) Ms. Weintraub against.

Prior to the vote, Ms. Weintraub commented that she does not agree with the overlapping terms.  She feels it doesn’t give the voters an opportunity to make change and she feels the Town Manager should have residency requirements.

Ms. Moore indicated that originally she did not like the four year overlapping terms but in discussing it with several people, she agrees.

Mr. Devine feels the Town Manager and other department heads should have residency requirements.

Set Referendum Date (November 2nd General Election
A motion was made by Ms. Moore, seconded by Mr. Devine, to set the referendum date for the vote on the Charter Revision recommendations to November 2nd, the day of the general election.  Voted (7-0).

Approve Form of Ballot Question – One or Multiple Questions/Approve Language for Ballot Question(s)
The Council discussed whether there should be one or multiple questions on the ballot.  Mr. Tuttle, Ms. Moore, Ms. Engel and Mr. Cordeiro feel there should be one question.  Mr. Devine, Mr. Goff and Ms. Weintraub feel there should be multiple questions.  New versions of the questions will be presented at the next Council meeting.  The Council will vote on the question(s) at the meeting on June 8th.

Adoption of Social Media Policy:
At a previous Council meeting, Mr. O’Keefe was directed to prepare a draft Social Media Policy for review and consideration.  He also provided the draft to staff for review.  He reviewed the staff concerns on the draft policy.  The Council discussed the draft policy.

A motion was made by Mr. Goff, seconded by Ms. Moore, to adopt the social media policy as drafted.  Motion withdrawn.

The Council felt the draft policy was too broad and too many pages.  The Council will email ideas to Mr. O’Keefe and a new draft will be prepared for the next meeting.

Update on Town Council Plan of Conservation & Development Table:
The Planning & Zoning Commission has requested that Town Council approve the Town Manager’s recommendations and commentary on the table.  Updates to the table can be made as needed.  The following updates can be made prior to sending to Planning & Zoning:  Vehicular Transportation Needs Item 6 - include Public Works Road Program; Alternative Transportation Item 3 - the sidewalk ordinance has been adopted; typographical error Other Utility Services Item 1 – replace peruse with pursue.  A motion was made by Mr. Cordeiro, seconded by Ms. Moore, to approve the Plan of Conservation and Development Implementation Table with the changes noted.  Voted (7-0).

Update on Noise Control Task Force and Zoning Concerns Regarding Band Shell:
Mr. Goff provided an overview of the Noise Control Task Force.  He noted that the noise complaint pattern is not town-wide, the complaints center more around Angelico’s.  Ms. Weintraub brought research from Hartford and Windham.

Mr. O’Keefe provided an overview of the band shell construction at Angelico’s.  A permit was issued for the band shell.  There was an initial conflict between the town and state rules.  He reviewed the permitted use memo from Jim Carey and the appeal filed by Fran Klein on Mr. Carey’s decision.  There will be a ZBA public hearing on June 17th on the matter.  

Ms. Engel feels there is a conflict of interest regarding the Noise Control Task Force.  Jim Carey represents ZBA, Ms. Klein has filed an appeal and Ms. Weintraub’s brother’s law firm is representing Ms. Klein.  Ms. Engel feels the task force should be disbanded until after the public hearing and after the completion of the noise mitigation construction.  Ms. Weintraub doesn’t agree that there is a conflict of interest and doesn’t feel the Noise Control Task Force should be disbanded. She feels the group is putting together a planning tool for town wide use.  The Council would like a follow up on the findings from the conversation between Chief Reimondo and Lt. Hammock from Hartford regarding Hartford’s noise ordinance.  Mr. Tuttle asked the Town Manager to give the police officers a reminder of the actions they can take during a noise complaint call.

A motion was made by Mr. Devine, seconded by Mr. Tuttle, to suspend the Noise Control Task Force until the completion of the ZBA Public Hearing and the outcome of the June 22nd Town Council Meeting.  Voted (6-1) Ms. Weintraub against.

Discussion on Wayfinding Signage Program:
Mr. O’Keefe provided an overview of the wayfinding signage program to date.  The Department of Transportation has approved the locations of the signs along the streetscape route.  Ms. Weintraub provided an update on the funds left over from the Streetscape grant.  She met with Keith Hayden, Chief Reimondo and Ruth Plummer to review the locations of additional signs off of the streetscape route.  Ms. Engel noted her concern for the placement of a sign in the triangle in the Village Center.  A new sign ocation will be researched for the Village Center area.

Report of the Town Manager:
Mr. O’Keefe reported on the following:
  • There will be a meeting on Thursday, May 27th regarding a MIRMA Assessment issue with approximately 29 towns
  • The Memorial Day Parade is Monday, May 31st.  Council members should meet at the High School at 8:30 a.m.
Resolutions/Ordinances/Policies/Proclamations:  None

Bids and Contracts:  None

Appointments:  None

Financial Statements and Transactions:  None

Tax Refunds:
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to approve tax refunds in the amount of $24.40.  Voted (7-0).

Communications, Correspondence & Announcements:
Ms. Moore reported that the mill rate was set at 24.98.  The Board of Finance will be submitting some policies to Council for approval.  She feels the Board of Finance should be invited to come to a Council meeting for a presentation on leasing.

The Sears Park 100th Anniversary Party in the Park will be held on Saturday, June 5th from 1:00 p.m. to 6:00 p.m.

Mike Vasquenza, Board of Education Chairman, provided a response to the letter sent to him regarding the budget flyer sent from the Superintendent of Schools.  The letter will be included in the minutes filed in the Town Clerk’s office.

Mr. Tuttle reported that the sound emitting equipment to test the wind was approved by the Board of Education to be installed at Memorial School.  He also recommends the Council request a smart board demonstration from the Board of Education during a council meeting.

Public Remarks:
Josh Piteo, 26 West Point Road, commented that he would like to assist in the placement of the Village Center wayfinding signs.

Phil Wielgosh, 79 North Main Street, commented on the noise from Angelico’s that is now coming toward his yard after the construction of the band shell.  

Angelo Tammaro, 27 Lake Boulevard, commented that when the police are called for a noise complaint at Angelico’s they are told on the phone that the town has no noise ordinance so come to the Council to get something done.  

Ann Garwood, 2 Barbara Avenue, commented that Angelico’s has been allowed to break the law by building a fence over the legal height.  The fence now blocks her view of the lake.  There were no letters sent to neighbors notifying them of the building of the fence.  There is also now a stage 50 feet from her house.

Susan Wielgosh, 79 North Main Street, asked how long it takes for change to be made from a request made in 2005.

Kyle Dostaler, 56 William Drive, commented that a town-wide noise ordinance would be beneficial for the town.  The perception is that the Town Council doesn’t want to do anything about the noise.  He commented that there are enforceable options.

Fran Klein’s daughter provided comment for Ms. Klein in her absence.  Ms. Klein retained legal counsel due to the 15 day requirement for ZBA.  She doesn’t believe there is a conflict of interest.  She consulted the CT State Bar Association referral service and was referred to Bonee and Weintraub.  She asked if there would be a conflict of interest and was assured there would be no conflict of interest.  She noted this is a usage issue not a noise issue.

Scott Minnick, 28 South Main Street, commented that he is disappointed that the Noise Control Task Force was suspended.  He commented that Council is concerned about familial relations noting the Zoning Enforcement Officer is married to the Town Attorney’s secretary.  He finds that to be a conflict of interest.

Mary Ann Dostaler, 56 William Drive, wanted to publicly acknowledge the work Sue Weintraub has done on the wayfinding signage program and the value of the work that she has done for the town.  

Michael Goral, 5 Lake Boulevard, commented on the reluctance to adopt a noise ordinance.  He asked about the noise criteria for a residential neighborhood.

Patience Anderson, 17 Anderson Way, commented on the social media policy and thanked Mr. Cordeiro for his work on the East Hampton page.  She commented on public trust and web pages should be used for information not a place to blog. She also commented on noise issues and the enforcement that can be done by the police.

Jon March, 85 Mountainview Road, commented that he works as a DJ and is familiar with working with officers on noise issues.  He noted he can help on what other municipalities do for noise.

Susan Wielgosh, 79 North Main Street, commented that the signature on the letter from Fran Klein’s attorney was Eric Rothhauser, not Ms. Weintraub’s brother.

Ann Garwood, 2 Barbara Avenue, commented on noise from a remote control boat on the lake on a Saturday morning.  When calling the police she noted that they told her on the phone that they could not do anything since the town has no noise ordinance.

Reserved:  None

Adjournment:
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to adjourn the meeting at 8:50 p.m.

Respectfully submitted,

Cathy Sirois
Recording Secretary