Town of East Hampton
Town Council Regular Meeting
Tuesday, November 23, 2010
East Hampton High School Library
Minutes
Present: Chairperson Melissa Engel, Vice Chairman John Tuttle and Council Members Thomas Cordeiro, Christopher Goff, Barbara Moore and Susan Weintraub. Also present were Interim Town Manager Robert Drewry, 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. in the East Hampton High School Library.
Approval of Minutes
A motion was made by Mr. Tuttle, seconded by Ms. Moore, to approve the minutes of the November 9, 2010 Regular Meeting as amended. Voted (6-0).
Special Presentations
Proclamation for William Devine and Anne McKinney
Proclamations were prepared for William Devine following his resignation from the Town Council and for Anne McKinney after 16 years of services as Probate Judge.
Public Remarks
William Marshall, 6 Fairlawn Avenue, submitted a letter and email into the record and read portions. He called for the resignation of the Council members. The letter and email will be included with the minutes filed in the Town Clerk’s office. His comments exceeded the 3 minute time limit.
Ms. Engel reiterated the 3 minute rule for public comment and asked that Sgt. Kelly remove anyone who goes over 3 minutes. Sgt. Kelly was asked twice to remove Mr. Marshall from the meeting but he did not respond to the request.
Sandi Fries, 370 Moodus Road, commented on behalf of the Food Bank, noting that the Food Bank prefers the Palmer building for the confidentiality aspect and the holiday food basket preparation can be done in that location without having to look for a larger space.
JoAnn Hewitt, 120 Hog Hill Road, noted her disappointment that the annex relocation will be at Route 16 and 66. She would like to see it in the Village Center.
Cynthia Abraham, Clark Hill Road, commented on candidates that submitted letters for the Town Council vacancy. She spoke in favor of Kyle Dostaler.
Mary Ann Dostaler, 56 William Drive, commented on the interpretation of the 3 minute rule and that there is nothing in Roberts Rules regarding a time limit for public comment. She commented on a Freedom of Information complaint that she filed. She noted the complaint was investigated and upheld. She reported what she understood as the town’s response to the complaint noting that the Town Attorney told the ombudsman that the town is not interested in mediation. Her comments exceeded the 3 minute time limit.
Ms. Weintraub asked for confirmation on the response of the Town Attorney. Mr. Drewry noted that he has received no information as to the outcome and has not directed the Town Attorney to respond. He will get more information from the Town Attorney.
Angela Sarahina, 37 Old Middletown Avenue, asked questions regarding the town looking for a new interim town manager and asked about the full time building maintenance worker advertised. She feels the next highest vote getter should get the open position on the Council. She asked the Democrats and Republicans on the Council to resign. Her comments exceeded the 3 minute time limit.
Patience Anderson, 17 Anderson Way, thanked the Council for their service to the town. She asked why the vacancy was open to the entire populous. She asked if Ted Hintz Jr. was ever approached for the open seat.
William Choma, Namonee Trail, proposed that the Town Council look to amend section 2.1 to change from 2 years to 1 year for members to serve without compensation. He also commented on the solar panels at the library and asked if other buildings are being considered.
Tim Furey, Attorney for Lakeview Court, asked if he should speak now or during the agenda item regarding the annex relocation.
Pat Gauthier, 6 Old Marlborough Road, commented that the next highest vote getter should have the vacant position on the Council. She feels the Council should have a written policy for vacant positions.
John Hines, South Main Street, thanked the Council for the microphones. He also commented that he is hopeful the Town Council will consider the open position wisely.
Laurie Wasilewski, Hog Hill Road, commented that the next highest vote getter should be considered for the Town Council vacancy. She also continues to question the severance package that was received by Jeff O’Keefe.
New Business
Approval of Usage of Wayfinding Signage Artwork by EDC
The Economic Development Commission requested the use of the wayfinding signage artwork for use on the Business of the Month signs and the Grand Opening Banner. There was also discussion on using the artwork for advertising purposes for the EDC. Since the artwork is not the official town logo it should not be used on letterhead or other official correspondence paperwork.
A motion was made by Mr. Goff, seconded by Ms. Weintraub, to authorize the Economic Development Commission the approval to use the wayfinding signage logo on their signing and advertisements. Voted (6-0).
Sales of Sears Park Passes
Information was provided regarding the sales of Sears Park passes to local campgrounds. The agenda item with the details will be included with the minutes filed in the Town Clerk’s Office.
Approval of Lease Renewal between the Town and the State of Connecticut for Property in the Village Center Within the Railroad Right-of-Way
Mr. Drewry provided an overview of the property that is leased from the State of Connecticut for the municipal parking lot adjacent to 82 Main Street and the property behind the Fire Station on Barton Hill. Ms. Weintraub suggested signs noting that the parking lot is public. Mr. Drewry will look into plowing the lot and check on the abandoned vehicles in the parking lot.
A motion was made by Ms. Moore, seconded by Mr. Tuttle, to approve the lease renewal for the State of Connecticut property in the Village Center within the railroad right-of-way. Voted (6-0).
Old Business
None
Report of Interim Town Manager
Ms. Engel provided an overview of all of the properties that have been researched for the annex relocation. A new proposal from Lakeview Court was received with lower dollar figures for the lease. At a past Council meeting a motion was made to pursue the Palmer building and at another meeting by consensus it was agreed to continue moving forward with the Palmer building. The Council discussed the options at both buildings. Attorney Tim Furey representing Mr. Rand and Lakeview Court explained the figures on the original bid and explained the savings. The Council again agreed that the Palmer building will be the chosen location for the annex departments.
Mr. Drewry reported that the lease for the Palmer building is with the town attorney for review.
The State of Connecticut has contacted the town regarding the Route 16 and 196 intersection project noting there were funds available. By consensus the Council agreed to have a letter sent to the State in support of the project.
At a prior Council meeting, Ms. Weintraub asked about the cost of police overtime. Mr. Drewry reported that the cost is $1,265.52 including tonight’s meeting. Mr. Cordeiro requested no officer be present at Council meetings going forward.
Ms. Weintraub asked about the flood plain question regarding 11 Skinner Street if the town were to occupy that space. Mr. Drewry noted there is no strict requirement but there may be a need to raise the elevation of that portion of the building. Ms. Weintraub noted that is good news if the Council is still interested in 11 Skinner Street for town facilities. Ms. Engel noted this would need to be incorporated into the facility plan.
Ms. Engel asked Ms. Moore to be a liaison to the Board of Education for the upcoming budget and facility needs to report back to the Council. Ms. Moore thanked the Board of Education for the tour of the High School. She noted that the Board of Education would like to move forward for bonding. The referendum would need to be held before June 30th for bonding.
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to add an item to the agenda prior to Bids & Contracts for the Approval of Meeting Dates for 2011. Voted (6-0)
Ms. Weintraub asked about a new date for the executive session to discuss litigation. Mr. Drewry will contact the Council with a new date.
Resolutions/Ordinances/Policies/Proclamations
Discussion & Approval of Arts & Cultural Commission Ordinance/Set Public Hearing Date
Mr. Cordeiro presented a revised Arts & Cultural Commission ordinance. The document was reviewed by Attorney Ken Antin from the D’Aquila Law office. Minor changes were made to the document under Section II and Section V Item (f). There were concerns raised regarding the reimbursement of expenses. Mr. Cordeiro will further research this point.
A motion was made by Mr. Tuttle, seconded by Mr. Goff, to approve the Arts & Cultural Commission Ordinance as amended and set the public hearing date for December 14, 2010. Voted (6-0).
Approval of Meeting Dates for 2011
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve the proposed meeting dates for 2011. Voted (6-0). A listing of the meeting dates will be included with the minutes filed in the Town Clerk’s office.
Bids & Contracts
None
Appointments
Town Council Vacancy
Seven residents submitted letters to the Town Manager’s office expressing their interest in the vacant Town Council seat. Those residents are Chatham Carillo, Kyle Dostaler, Kimberley Fontaine, Richard Leone, Salvatore Nucifora, Scott Sanicki and Albert Vela.
Ms. Engel opened the nominations.
Ms. Weintraub nominated Kyle Dostaler, seconded by Ms. Engel.
Mr. Cordeiro nominated Kimberley Fontaine, seconded by Ms. Engel.
Mr. Goff nominated Chatham Carillo, seconded by Ms. Moore.
Nominations were closed.
A motion was made by Ms. Weintraub, seconded by Mr. Cordeiro, to endorse Kyle Dostaler for the Town Council vacancy. Voted (1-5). Ms. Weintraub in favor; Ms. Engel, Mr. Cordeiro, Mr. Goff, Ms. Moore and Mr. Tuttle against.
A motion was made by Mr. Cordeiro, seconded by Ms. Engel, to endorse Kimberley Fontaine for the Town Council vacancy. Voted (3-3). Mr. Cordeiro, Ms. Engel and Ms. Weintraub in favor; Mr. Goff, Ms. Moore and Mr. Tuttle against.
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to endorse Chatham Carillo for the Town Council vacancy. Voted (5-1) Mr. Cordeiro, Ms. Engel, Mr. Goff, Ms. Moore and Mr. Tuttle in favor; Ms. Weintraub against.
Ms. Weintraub asked if the Hatch Act was checked on regarding the appointment of Ms. Carillo. The Council discussed possible issues with the appointment including her ability to run for election in 2011. It was decided that Ms. Carillo is able to be appointed but maybe cannot run next year due to the Hatch Act. Ms. Carillo will go to the Town Clerk’s office to be sworn in.
Financial Statements and Transactions
Additional Appropriations
Finance Director Jeff Jylkka reviewed additional appropriations as recommended by the Board of Finance. The appropriation is needed to cover additional costs relating to special education tuition and related services. The State of Connecticut reimburses the Board of Education for these additional costs. The Town and Board of Education do not budget for the revenue from the state as well as the related expenditures. Annually, the amount of the grant is re-appropriated back to the Board of Education.
A motion was made by Ms. Moore, seconded by Mr. Cordeiro, to approve additional appropriation in the amount of $606,440. Voted (6-0).
End of Year Transfers
Finance Director Jeff Jylkka reviewed year end budget transfers as recommended by the Board of Finance. Annually, as the town is nearing completion of the annual audit, staff prepares transfers in order to zero out any departmental budget deficits.
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve end of year budget transfers as recommended by the Board of Finance. Voted (6-0).
Tax Refunds
A motion was made by Mr. Tuttle, seconded by Ms. Moore, to approve tax refunds in the amount of $465.75. Voted (6-0).
Communications/Correspondence/Announcements
Ms. Engel congratulated Officer Hardy Burgin on his permanent status as a police officer.
Ms. Weintraub commented on a letter received from Margaret Faber. Ms. Engel noted it is not a Council matter; it is a matter for the Middle Haddam Historic District Commission. Ms. Weintraub noted that she was hopeful that it would be suggested to the Middle Haddam Historic District Commission that they take proper action to apologize to Ms. Faber for what has taken place. Ms. Engel did not feel it was the Council’s place to recommend that the Commission apologize. Mr. Cordeiro noted that Attorney D’Aquila provided an opinion on the matter. Ms. Weintraub would like feedback from the staff liaison to the Middle Haddam Historic District Commission, James Carey, for the next meeting.
Coming Up
The Economic Development Commission has invited all Council members to the holiday parade and tree lighting in the village center on Saturday, December 4th.
Public Remarks
Kimberley Fontaine, 4 Railroad Avenue, read a portion of the Hatch Act as related to the appointment of Chatham Carillo to the Town Council.
John Hines, South Main Street, commented that common courtesy is lacking at meetings.
Cynthia Abraham, Clark Hill Road, commented that she would like to assist with the facilities committee.
Kyle Dostaler, 56 William Drive, congratulated Chatham Carillo. He thanked the Council for consideration for the Town Council position.
Sal Nucifora, 147 Colchester Avenue, thanked the Council for their consideration for the Town Council position. He recommended Maria Peplau for Board of Finance.
Angela Sarahina, 37 Old Middletown Avenue, asked why Attorney Furey was allowed to speak during the agenda item on the annex relocation rather than under public remarks.
Laurie Wasilewski, Hog Hill Road, commented that people contribute in their own way and gave an example of how her step son contributed to the Food Bank.
Mary Ann Dostaler, 56 William Drive, commented that she is glad the prior decision for the Palmer building was upheld. She also thanked Mr. Cordeiro for bringing back the Arts & Cultural Commission. She noted that process matters.
Reserved
A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to add an item to the agenda to discuss the appointment of Chatham Carillo to the Town Council. Voted (6-0).
A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to rescind the motion appointing Chatham Carillo to the Town Council and obtain complete information regarding her ability to serve out the term. Voted (6-0).
The Town Council appointment will be discussed at the December 14th meeting.
Mr. Goff thanked the Secretary of State’s office and everyone that attended the Korean War Veteran Ceremony.
A motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to adjourn the meeting at 9:05 p.m.
Respectfully submitted,
Cathy Sirois
Recording Secretary
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