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07/22/2010 Town Council Special Meeting
Town of East Hampton
Town Council Special Meeting
Thursday, July 22, 2010
Eaton E. Smith Meeting Room – Town Hall


Minutes

Present:  Chairperson Melissa Engel, Vice Chairman John Tuttle and Council Members Thomas Cordeiro (arrived at 7:03 p.m.), Christopher Goff, and Barbara Moore.  Also present were Planning, Zoning and Building Administrator James Carey, Recording Secretary Daphne Schaub, members of the press and citizens.

Not Present:  William Devine and Susan Weintraub

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

Approve Release of Conservation Easement to Middlesex Land Trust:  
Mr. Carey reported that The Nature Conservatory (TNC) has requested that the Town release an easement created in 1989 as part of a subdivision.  The subdivision was never completed.  TNC purchased the property and subsequently sold it, for a fraction of its value, to Middlesex Land Trust to preserve it.  Recently TNC has been approached by the U. S. Fish and Wildlife Service.  They would like to include the entire property in the Silvio O. Conte National Fish & Wildlife Refuge.  The Planning & Zoning Commission (PZC) voted unanimously on July 7, 2010 to recommend to the Town Council that the easement held by the Town of East Hampton be released to TNC to be held in escrow until it is conveyed to the U.S. Fish and Wildlife Service.

A motion was made by Ms. Moore, seconded by Mr. Tuttle, to approve the release of the conservation easement on 2 acres of property on Moodus Road, Map 14/Block 31A/Lots 4-1 through 4-5 to TNC and resolved that Mr. Carey be authorized as Acting Town Manager to sign the Quit Claim Deed.  Voted (5-0).

Work Environment Complaint:
Chairperson Engel reported that a Work Environment Complaint has been filed against the Town Manager by Garrett A. Kelly, Police Sergeant.  Ms. Engel asked for a motion to go into executive session to decide how to proceed with the investigation into this complaint.

Executive Session – Pending Claim (Work Environment Complaint):
A motion was made by Mr. Tuttle, seconded by Mr. Goff, to enter Executive Session at 6:05 p.m.  Voted (5-0).

The Council exited Executive Session at 6:20 p.m.

Action with Respect to Work Environment Complaint:
Chairperson Engel read a statement from Ms. Weintraub into the record because she could not be present due to the short notice given to the Council Members for this Special Meeting.  Ms.~Weintraub requested that the Council consider adding public comments to the Agenda both before Agenda Item No. 2 and after Agenda Item No. 7.  The Chairperson indicated that this will not be possible as this is a Special Meeting and you are not allowed to add items to the Agenda of a Special Meeting during the meeting.  Ms. Weintraub posed questions regarding the Work Environment Complaint, which were discussed by the Council during the Executive Session.  Ms. Weintraub wrote that she does not believe that six months of extended healthcare benefits should be approved.

Ms. Engel reported that over the last three weeks Attorney D’Aquila has been interviewing a variety of attorneys who specialize in investigating human resources concerns.  Ms. D’Aquila has provided the Council with two potential attorneys.  The Council discussed this selection during the Executive Session.

A motion was made by Mr. Goff, and seconded by Mr. Cordeiro, to hire Attorney Glenn Coe to investigate the Work Environment Complaint brought against the Town Manager.

Mr. Cordeiro pointed out that Attorney Coe has experience investigating corporate, government, police department/internal affairs, Fortune 500 companies, and communities.  He has no ties to East Hampton.  Mr. Cordeiro hopes for full transparency in this investigation.

There being no further comments the Chairman called for the vote.  Voted (5-0).

The Town Attorney will arrange for Attorney Coe to begin this investigation in a timely manner.  The exact date will be provided to the Council.  

Executive Session for the Purpose of Discussing a Voluntary Layoff Request of an East Hampton Police Officer:
Chairperson Engel reported that after a detailed conversation with Tom Hennick at the FOI Commission, it was determined that this Agenda is worded correctly and is compliant with requirements of the FOI Act, as did the Agenda for the last meeting which was brought into question.

Chairperson Engel moved the meeting to Executive Session at 6:26 p.m.

The Council Exited Executive Session at 6:31 p.m.

Possible Action Regarding Extension of Health Care Benefits for six months for Police Officer Requesting Voluntary Layoff:
Chairperson Engel explained that the request has been made by a current East Hampton Police Office who no longer wishes to work for the East Hampton Police Department.  This officer has offered to take a voluntary layoff and requested benefits for six months to allow him to do so.
During the preceding Executive Session the consensus of this Council was found to be against this request.  In the past this has only been done for town employees who have retired after years of service.  The Council is not willing to set a precedent for this type of request.  This type of action would not be in the tax payers’ best interest.  The Council will be taking no action on this offer.

Adjournment:
Mr. Cordeiro moved, and Mr. Tuttle seconded, to adjourn the meeting at 6:32 p.m.

Respectfully submitted,



Daphne Schaub
Recording Secretary