Town of East Hampton
Town Council Regular Meeting
Tuesday, December 14, 2010
East Hampton High School Library
Minutes
Present: Chairperson Melissa Engel, Vice Chairman John Tuttle (arrived 6:40 p.m.) 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 Ms. Moore, seconded by Mr. Cordeiro, to approve the minutes of the November 23, 2010 Regular Meeting as amended. Voted (4-0-1) Ms. Weintraub abstained.
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to add an item to the agenda under Resolutions/Ordinances/Policies/Proclamations to approve a resolution for an Eagle Scout. Voted (5-0).
Public Remarks
Prior to Public Remarks Ms. Engel Commented that she obtained information from Tom Hennick from FOI and learned that FOI does not govern public speaking. Public comments are at the discretion of the Council. The Council utilizes Roberts Rules of Order. Roberts Rules indicates that non-members (audience members) have no rights to vote or speak. If an audience member in any way offends the group, such as causing disorder or interrupting the proceedings, the group may make a motion or the chair may request the person to leave. Security forces may be contacted to remove the person or the chair may direct an individual to be a sergeant at arms to remove the person. The 3 minute rule will remain and there are two sets of comments allowing audience members to speak for 6 minutes at each meeting.
Ms. Weintraub does not agree with the 3 minute rule unless there are a large number of people that want to speak.
A motion was made by Ms. Weintraub to add an item to the agenda for the election of a new Council chair. The motion was not seconded.
Angela Sarahina, 37 Old Middletown Avenue, commented on her concern over Jean D’Aquila’s legal opinion on Chatham Carillo.
John Hines, South Main Street, commented on items that may need to be changed on the town website and that the website should be kept up to date.
Kyle Dostaler, 56 William Drive, commented that he is a candidate for the vacancy on the Council. He read the letter that he submitted to the Town Manager noting his qualifications. The letter will be included with the minutes filed in the Town Clerk’s office.
Laurie Wasilewski, Hog Hill Road, asked why Jeff O’Keefe continues to be paid. She asked about permanent plans for a Town Manager. She asked that the Council consider allowing the public to speak during discussion of agenda items. She also asked that the Water Development Task Force meet at times other than 7am.
Mary Ann Dostaler, 56 William Drive, commented on the abuse of authority by the Chair. She noted that there was no public acknowledgement from the Council regarding the police chief issues of this past summer.
Ruth Tegge, Nile Street, commented that Mr. O’Keefe said under oath that he resigned voluntarily. She takes issue with the way Ms. Weintraub is treated. She also noted there is an issue on Nile Street that there is no turn-around.
William Choma, 20 Namonee Trail, commented that the charter should be changed from individuals not being able to serve for two years without compensation to one year. He asked if any other buildings in town will have solar panels similar to the library. He asked about the wind monitor at Memorial School. He also noted assumptions that were made in Attorney D’Aquila’s letter regarding Chatham Carillo.
Roy Gauthier, Old Marlborough Road, commented that he is glad the Arts & Cultural Commission ordinance will come to a vote tonight. He noted there is nothing regarding reaching outside the community in the ordinance. He also asked why there is a political party reference made in the ordinance, noting that the group should be politically neutral. Mr. Cordeiro noted that reaching outside the community can be addressed by the new commission and that the political party reference was added by the town attorney and is required of ordinances.
Patience Anderson, 17 Anderson Way, commented that she hasn’t always agreed with the opinion of the Chair and recognize that it is her opinion. She commented on Conservation-Lake Commission quorum issues. She wished everyone a Merry Christmas and Happy Hanukkah.
New Business
Approval of School Administrator’s Contract
Dr. Judith Golden, Superintendent of Schools, provided an overview of the agreement with the East Hampton Administrator’s Association. The summary will be included in the minutes filed in the Town Clerk’s office. The Council asked questions of Dr. Golden and discussed their thoughts on the contract.
A motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to approve the East Hampton Board of Education Administrator’s Association contract as presented. Voted (6-0).
Discussion of Watershed Signing by Conservation-Lake Commission
Peter Zawisza, Chairman of the Conservation-Lake Commission, provided an overview of an education project that the commission has been working on related to signing in the lake watershed area. The signs will be funded through the Conservation-Lake Commission budget. The wayfinding signage logo may be added to the signs.
A motion was made by Ms. Moore, seconded by Mr. Tuttle, to approve the Lake Pocotopaug watershed signing project as presented by the Conservation-Lake Commission. Voted (6-0).
Approval of Arts & Cultural Commission Ordinance
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve the Arts & Cultural Commission Ordinance as presented. Voted (6-0).
Approval of Lease for Cranberry Bog
For many years, the town has been granted the use of Cranberry Bog and has provided insurance on the property. The lease document provides a more formal legal agreement between Kiely Enterprises LLC and the Town of East Hampton.
A motion was made by Mr. Tuttle, seconded by Ms. Moore, to approve the lease agreement between Kiely Enterprises LLC and the Town of East Hampton for the property known as Cranberry Bog as presented. Voted (6-0).
Discussion of Dog Pound Regionalization
Mr. Goff provided an overview of a meeting held with the towns of East Hampton, East Haddam and Hebron regarding regionalizing the location of the dog pound to East Haddam. At this point it would be a combined pound location. There was no discussion regarding staff at this time. At the next meeting there will be more details provided regarding savings for the town.
Discussion & Resolution of FOI Complaint from Mary Ann Dostaler
Ms. Engel read a Resolution and Acknowledgement that is being signed by the Town Council members in response to an FOI complaint placed by Mary Ann Dostaler. Several Town Council members had communicated via email concerning the hiring of an attorney to review an ordinance. These email communications constituted discussion of a matter over which the Town Council has supervision, control, jurisdiction or advisory power and therefore should have occurred only within the context of a duly noticed meeting under the Freedom of Information act.
Old Business
Approval of Palmer Building Lease
The lease for the office space at 240 Middletown Ave to be used by the annex staff was prepared by the attorney for the town and the property owner’s attorney.
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to approve the lease between Shalmuk Investors LLC and the Town of East Hampton for the office space located at 240 Middletown Avenue as presented. Voted (6-0).
Approval of Employee Handbook
The Council thanked Lisa Seymour for the work she has done to prepare the employee handbook. The handbook will be thoroughly proofed and the wording will be adjusted in two sections for clarification.
A motion was made by Mr. Tuttle, seconded by Mr. Cordeiro, to approve the employee handbook as amended. Voted (6-0).
Discussion of Budget Calendar and Budget Policy Statement
The draft budget calendar was reviewed by the Town Council. Mr. Cordeiro provided a copy of the draft Budget Policy Statement. The Council reviewed the statement and made minor changes. The revised document will be posted on the town website and will be included in the minutes filed in the Town Clerk’s office.
A motion was made by Ms. Moore, seconded by Ms. Weintraub, to approve the Budget Policy Statement as amended. Voted (6-0).
Report of Interim Town Manager
Mr. Drewry reappointed Howard Dean and Kate Morris to the Board for the Chatham Health District. Howard Dean’s term will run through November 2013 and Kate Morris’ term will run through March 2014.
The Senior Center bid will be going out by the last week in December.
The Executive Session to review pending litigation will be held on January 4, 2011 at 6:00 p.m.
Three town employees will be retiring at the end of the year: Fire Marshal Phil Visintainer, Jeanne Theobald from Finance and Dan Kauczka from the Library. Deputy Fire Marshal Richard Klotzbier will take over the Fire Marshal position.
A letter was sent to the Department of Transportation regarding the project at Route 66 and 196.
The Council discussed the email received regarding the drawdown of Lake Pocotopaug. Mr. Drewry will see if the Conservation-Lake Commission will draft a response.
Resolutions/Ordinances/Policies/Proclamations
Resolution for Eagle Scout
A motion was made by Ms. Weintraub, seconded by Mr. Cordeiro, to approve the resolution for Eagle Scout Ryan David Springer. Voted (6-0).
Bids & Contracts
None
Appointments
Town Council Vacancy
Attorney D’Aquila provided a legal opinion on candidate Chatham Carillo and any possible violations to the Hatch Act if she is appointed to the Council. Based on the legal opinion there are no conflicts with the federal Hatch Act or Connecticut’s “Little Hatch Act”
Ms. Engel opened the nominations.
Mr. Cordeiro nominated Kimberley Fontaine, seconded by Ms. Engel.
Mr. Goff nominated Chatham Carillo, seconded by Mr. Tuttle.
Ms. Weintraub nominated Kyle Dostaler, seconded by Mr. Cordeiro.
Ms. Engel closed nominations.
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 Ms. Moore, seconded by Mr. Goff, to endorse Chatham Carillo for the Town Council vacancy. Voted (4-2) Ms. Engel, Mr. Goff, Ms. Moore and Mr. Tuttle in favor; Ms. Weintraub and Mr. Cordeiro against.
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.
Chatham Carillo will be the replacement on the Town Council in the vacant seat that resulted from Bill Devine’s resignation. Ms. Engel thanked all of the candidates.
Mr. Drewry would like to form a sub-committee of Council members; Ms. Engel, Ms. Weintraub and Ms. Moore; to review the RFP’s for the Labor Attorney and provide input. The ultimate decision on which firm will be hired will be that of the Interim Town Manager.
Financial Statements and Transactions
None
Tax Refunds
A motion was made by Mr. Goff, seconded by Mr. Tuttle, to approve tax refunds in the amount of $342.04. Voted (6-0).
Communications/Correspondence/Announcements
Ms. Moore attended the Board of Education Meeting. She reported the following:
- There will be 10 retirements at the Board of Education at the end of this school year.
- Between May and December there were 60% less violations at Nichols bus with no violations being in the “A” category.
- The tuition to magnate schools will be increasing. The town is obligated to pay for students who are accepted into magnate schools.
Mr. Cordeiro provided copies of a Noise Ordinance Report from Chief Reimondo which provided information from a meeting between Sergeant Green and the City of Hartford. The Noise Ordinance will be discussed at upcoming Council meetings.
Coming Up
Ms. Engel would like to get the names of five interested residents to serve on a search committee for a new town manager.
Mr. Tuttle provided an update from the Clean Energy Task Force:
- He reviewed the solar array that is on the town Library. There were very specific qualifications as to where the array could be placed. The Library and the Board of Education building were the possible options, with the Library being chosen as the location.
- The wind study at Memorial school is completed and the data is being compiled.
- At the January 11th meeting there will be a presentation from Ron Gaudet from White Oak regarding the possibility of utilizing the land between the WPCA and Public Works for a solar array
Public Remarks
William Choma, 20 Namonee Trail, commented on the residency requirements of the Town Manager in the town charter.
John Hines, South Main Street, commented on the approval of the administrator’s contract and was bothered by the comment about the costs of arbitration if the contract is not approved.
Patience Anderson, 17 Anderson Way, commented that it was a very good meeting tonight.
Mary Ann Dostaler, 56 William Drive, commented that she appreciated that the Council acknowledged that the email thread in August was a violation of FOI. She hopes the email policy will be drafted and adopted soon. She also suggested that all elected and appointed officials be provided a town email address.
Laurie Wasilewski, Hog Hill Road, commented that she agrees with the email provision.
Reserved
Ms. Engel wished everyone a Merry Christmas and a Happy & Healthy New Year.
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to adjourn the meeting at 9:00 p.m.
Respectfully submitted,
Cathy Sirois
Recording Secretary
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