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08/10/2010 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, August 10, 2010
Eaton E. Smith Meeting Room and
East Hampton High School Auditorium

Minutes

Present: Chairperson Melissa Engel, Vice Chairman John Tuttle and Council members Thomas Cordeiro, 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

Call to Order and Pledge of Allegiance: ~Chairperson Engel called the regular meeting to order at 6:30 p.m. in the Eaton E. Smith Meeting Room at the Town Hall.  Due to the large number of residents present, the meeting was adjourned to the High School Auditorium.

Chairperson Engel called the regular meeting to order at the High School Auditorium at 6:50 p.m. ~

Approval of Minutes:
A motion was made by Mr. Goff, seconded by Mr. Tuttle to bundle the approval of minutes for June 22, July 13 and July 22, 2010.  Voted (6-0).

A motion was made by Mr. Goff, seconded by Mr. Tuttle, to approve the minutes of the Town Council Special Meeting of June 22, 2010, Special Meeting, Public Hearing and Regular Meeting of July 13, 2010 and the Special Meeting of July 22, 2010.  Voted (6-0).

Public Remarks:  
Nelson Maurice, 30 Mallard Cove, asked for updates to the Memorial School Roof, Science labs and the Senior Center remodel.

Elizabeth Shepard, 64 South Main Street, commented that she was sexually harassed by the Town Manager after three days of employment and provided brief details of the incident.  She is speaking out so that other victims will come forward.

Angela Sarahina, 37 Old Middletown Avenue, requested Ms. Engel ask the public for a vote of no confidence in Ms. Engel, Mr. Cordeiro, Mr. Tuttle, Ms. Moore, Mr. Goff, Lt. Green and Mr. O’Keefe.

William Choma, 20 Namonee Trail, commented on golf carts on public roads in the Princess Pocotopaug area.  He reported that golf carts travel in that area at high rates of speed and reviewed an incident.  He filed a formal complaint on June 21st but so far nothing has been done.  He wanted to make the Council and Police are aware.

Dick Gosselin, 23 Hills Avenue, commented that the wayfinding signs look great.  However, the sidewalks in the streetscape area have paint issues, color issues and grass growing in the cracks.

William Dinunzio, Spice Hill Drive, spoke against the abolishment of the Police Chief position.  It is a quality of life to have an organized police department headed by a Chief.  He also cautioned the change to a defined contribution pension plan.  The town could lose qualified candidates for positions.

Don Coolican, 18 West Lane, commented on saving town money.

Salvatore Nucifora, Colchester Avenue, commented that the town budget should be separated into different categories to be voted on.

Eileen Bear, Meriden, commented at the disregard for the town residents wishes.

Mary Ann Dostaler, 56 William Drive, asked what attorney has been consulted for the change to ordinance chapter 109.  She asked how many attorney’s are currently working for the town.  She also commented regarding the ordinance change, that the town of Portland has a different form of government.  Also there was no mention of the police budget issue during the budget meetings.

Mike Bloch, 31 Cone Road, commented on the budget comparison of Portland to East Hampton.  There are things included in East Hampton that Portland does not have such as Animal Control and dispatch costs.

Bonnie Sweet Reilly, Lake Boulevard, asked who is paying for all of the attorneys.

Benay Smith, Charles Mary Drive, asked why the town manager was not placed on administrative leave when the allegations of sexual misconduct came up.

George McFatter, 27 Country Lane, asked how much tax money has been spent to bring in the town manager and to protect him.  The complaints should have been turned over to the State’s Attorney.

Laurie Wasilewski, Hog Hill Road, commented that the woman coming forward with her powerful statement will hopefully make the council stop and handle the issue the right way.  

Ruth Tegge, 5 Niles Street, doesn’t agree with the abolishment of the police chief position and would like Chief Reimondo reinstated.

Old Business:
Approve Changes to the Boating & Navigation Ordinance:
Mr. O’Keefe reported that the police boat is repaired and will be on the lake this weekend.

The changes to the Boating & Navigation Ordinance were reviewed at the public hearing prior to this meeting.  It was noted that enforcement and education are needed for the ordinance to be effective.  Constables have been utilized this summer to patrol the lake, which is more cost effective.  

A motion was made by Mr. Tuttle, seconded by Ms. Moore, to approve the changes to the Boating & Navigation Ordinance as proposed by the Boating & Navigation Task Force.  Voted (6-0).

Adopt Employee Handbook of Policies & Procedures:
Ms. Weintraub suggested the handbook be reviewed by a Human Resources Specialist.  She found some of the wording to be harsh and intimidating.  She distributed a sample of wording on sexual harassment noting that the wording should be user friendly language. She also asked if the union representatives have been consulted on the handbook.

Mr. Cordeiro found some of the language to be very direct and the handbook is large.  He agrees that a Human Resources professional should review the document.

Mr. Tuttle also supports the idea of having a Human Resource professional look at the document.  He also noted the document is very large.

Ms. Moore noted the document is difficult to read, possibly have similar categories be grouped together rather than alphabetical order.  She asked when the document would be re-visited in years to come.

Ms. Engel agrees that a Human Resources specialist should review the document.  

Attorney Sommaruga noted that he can adjust some of the sections that are a concern.  Also, the unions have contracts that override this handbook.

It is recommended that Human Resources specialist Lorraine Baltimore be consulted on the handbook and that she also received the 2008 draft of the handbook.

Noise Update from Council Members Tuttle and Cordeiro:
Council Members Cordeiro and Tuttle provided an update on the visits they have made to the area around Angelico’s through the summer to monitor the noise.  The decibel readings this year are lower than those taken by the police department last year.  They will continue to take readings.  

New Business:
Establishment of an Arts & Cultural Commission & Appoint Members:
Mr. Cordeiro presented the suggested members for an Arts & Cultural Commission.  The members include Thomas Cordeiro, Monica Kangley of the Goff House, Shirley Brooks of the Chatham Historical Society, Rachel Mansfield of YPCCA, Val Bozzi of Podium Players, Sue Berescik of the East Hampton Library, Helene Rosenblatt of Blackledge Music, Rich Leone of the Economic Development Commission, Elizabeth Namen of EPOCH Arts and Carol Lane of the Goff House and Board of Education.

The newly formed commission will develop an Arts & Cultural Commission Ordinance.

A motion was made by Mr. Tuttle, seconded by Mr. Goff, to accept the names submitted for the Arts & Cultural Commission.  Voted (6-0).

Discussion of Changing from a Defined Benefit to a Defined Contribution Plan for Employee Pensions:
Mr. O’Keefe provided an overview of the recommendation that the town change from a defined benefit plan to a defined contribution pension plan for all new non-union town hires.  

A motion was made by Mr. Cordeiro, seconded by Mr. Tuttle, to approve moving forward in researching defined contribution pension plans for new non-union town staff.  Vote (6-0).

Discussion on Amendment to Chapter 109 of the Town of East Hampton Ordinances to Abolish the Position of Chief of Police and to Restructure the Police Department and to Set a Public Hearing Date:
Due to actions taken by the Town Manager on June 22, 2010 to “right size” the town’s police department and to bring it more into financial alignment with peer towns; council is required to modify its existing ordinance as it relates to the police department. A revised ordinance was distributed to the Council by Attorney Sommaruga.  

Mr. Tuttle noted that he likes the revised version of the ordinance that was distributed; it is much more clear.

Ms. Moore also likes the revised version of the ordinance. She spoke about looking into a Police Commission or Safety Commission in the future.

Mr. Cordeiro commented that for the long term fiscal responsibility for the town of East Hampton we need to move in this direction.

Mr. Goff agrees with Ms. Moore’s comments on a Police or Safety Commission and we need to explore options.

Ms. Weintraub doesn’t agree with the revised ordinance and doesn’t believe the Police Department should be restructured.  She disagreed with the projected savings and reviewed the legal bills to date.  She questioned the supervisory skills of Lt. Green. She questioned the number of ordinances that would need to be changed and the charter changes that would be needed.

A motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to approve amendment changes to Chapter 109 of the Town of East Hampton Ordinances to abolish the position of Chief of Police and to restructure the police department and to set the public hearing date of Tuesday, August 31, 2010.  Voted (5-1) Ms. Weintraub against.

Report of the Town Manager: ~~
Mr. O’Keefe reported on the following:
  • Cindy Karlson has been appointed to the Brownfields Redevelopment Agency with a term through June 30, 2015.
  • Negotiations for the Goff House are continuing
  • The architectural design of the Sears Park Amphitheater will begin soon
  • The Senior Center Renovation bid documents will be complete in a couple of weeks
  • The Memorial School Roof Project has been submitted to the State Board of Education
  • The science labs and library will need to be discussed at a Facilities Implementation Task Force Meeting
  • ZBA upheld Jim Carey’s decision that Angelico’s could have outside music but ZBA hasn’t met regarding the fence at Angelico’s.
  • The outcome of the grinder pump issue on Barton Hill will be researched
  • The lake aeration system will be discussed at the September meeting along with an accounting of how much the Friends of the Lake have contributed.
Ms. Weintraub asked about a hearing date for Chief Reimondo’s appeal. Mr. O’Keefe reported that the attorney is still reviewing the brief.

Resolutions/Ordinances/Policies/Proclamations:  
Adopt Resolution for Homeland Security Grant Application:
A motion was made by Mr. Goff, seconded by Ms. Moore, to approve the resolution and authorize the Town Manager to execute the Memorandum of Agreement on behalf of the Town for the State of Connecticut Department of Emergency Management and Homeland Security.  Voted (6-0).

Bids and Contracts: ~
A motion was made by Mr. Tuttle, seconded by Ms. Moore, to add an item to the agenda for the award of a bid for hazardous materials removal/building demolition at St. Clements Marina, Oakum Dock Road.  Voted (6-0).

A motion was made to award the contract to the lowest qualified bidder, Abcon Environmental, for the hazardous materials removal/building demolition at St. Clements Marina, Oakum Dock Road in the amount of $12,500.  Voted (6-0).

Appointments: ~
With the resignation of Judy Isele from the Board of Finance, the Republican Town Committee has recommended Maria Peplau for the Board of Finance.  This item will be tabled to the September 14th meeting when additional information will be presented to the Council.

Financial Statements and Transactions: ~ None

Tax Refunds:
A motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to approve tax refunds in the amount of $2,571.82.  Voted (6-0).

Communications, Correspondence & Announcements:   None

Public Remarks:
Dale Maynard, Quiet Woods Road, commented on the personnel policies and procedures handbook.  There needs to be a system of issuing policies and procedures.  The current proposed format is not user friendly.  Regarding the police department issue, he noted the decisions of the council are arrogant.

Catherine Robinson, Bevin Avenue, asked why Mr. O’Keefe is not on administrative leave.

Marla Miner Robinson, Bevin Avenue, commented that Mr. O’Keefe should be on administrative leave.

Sal Nucifora, Colchester Avenue, noted his support for Maria Peplau for Board of Finance.  He reviewed her education and background.  He also commented that he is disappointed that the Council abdicated responsibility to the Town Manager for appointments to the Police Department.

Bonnie Sweet Reilly, Lake Boulevard, commented that the noise at Angelico’s has been a little quieter this summer.  She noted that the police cannot give a ticket that will be upheld in court without an ordinance. On the issue of the sexual harassment changes, she noted that the Council is not representing the public.

Kyle Dostaler, 56 William Drive, commented on the number of ordinances that refer to the Chief of Police.  He wants the Police Chief reinstated and asked that the Council does not empower the Town Manager further.

Bill Marshall, Fairlawn Avenue, asked why the Chief is not on the job.

Mary Ann Dostaler, 56 William Drive, commented on the firing of Jim Thomas in 2007 noting the Council’s disregard for the voice of the people.  She asked if the Council will listen to the people at the public hearing.  

Kim Page, Midwood Farm Road, doesn’t agree with the ordinance change and noted the Council is disregarding the wishes of the town residents.

Angela Sarahina, 37 Old Middletown Avenue, commented that the public has a right to have an opinion and the Council is not listening to the public.  The Town Manager should be on administrative leave.

Hunt Voelker, 52 Chestnut Hill Road, noted that the town should go back to the Selectmen form of government.  Also, regarding the police boat, they should get a boat without the power unit on the bottom.

Fran Klein, Bellevue Street, handed out an agenda item from February 9, 2010 regarding the “Discussion of a Possible Nuisance Ordinance”.  She does not feel the decibel meter is reliable.  She would like a copy of the readings taken by Mr. Cordeiro and Mr. Tuttle.  She also feels the Town Manager should be on administrative leave.

Laurie Wasilewski, Hog Hill Road, asked about the 3rd party bus inspection. She asked how the Council can move forward with the ordinance change when there has been no hearing for Chief Reimondo.  She asked about the atmosphere at the Town Hall.  She commented that the Council should listen to the public.

Ted Barber, Mott Hill Road, commented that he has seen the town go downhill and questioned the purchase of the Goff House.

Irene Curtis, Wangonk Trail, would like to see a proclamation prepared for Maria Durkin.  She commented that the Town Manager should be on administrative leave.  

Reserved: ~None

Adjournment:
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to adjourn the meeting at 9:30 p.m.

Respectfully submitted,

Cathy Sirois
Recording Secretary