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04/12/2011 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, April 12, 2011
Eaton E. Smith Meeting Room – Town Hall

Minutes

Present:  Chairperson Melissa Engel and Council Members Chatham Carillo, 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.

Not Present:  Vice Chairman John Tuttle

Call to Order & Pledge of Allegiance
Chairperson Engel called the regular meeting to order at 6:37 p.m. in the Eaton E. Smith Meeting Room at the Town Hall.

Approval of Minutes  
A motion was made by Mr. Goff, seconded by Ms. Carillo, to approve the minutes of the March 22, 2011 Regular Meeting as written. Voted (5-0-1) Ms. Moore abstained as she was not present at that meeting.

Public Remarks
Ann McLaughlin, 85 North Main Street, announced that the first yellow ribbon ceremony will occur on Memorial Day.  She asked if a Council member would be available for the ribbon tying ceremony.  Mr. Goff noted that he is available.

Milton Davis, owns property on Hog Hill Road, reviewed police reports from a 2006 incident.  He feels the incident in 2006, another in 2008 and the recent emails show a pattern of racial bias by the police department. He would like the Council to look into sensitivity training for each of these incidents and see if anything further needs to be done.  

Ted Morton, 36 Walnut Avenue, asked if the Parks & Recreation department could make Sears Park non-smoking.

Mary Ann Dostaler, 56 William Drive, questioned why the Council chair is still using her personal email account rather than the town account.  Ms. Engel noted that her town email issue is being resolved.

Thomas Morton, 36 Walnut Avenue, commented that there should be no littering.

Old Business
Update on Snow Removal from School Buildings
Facilities Manager Frank Grzyb provided an overview of the snow removal costs from the four school buildings as well as the Library/Senior Center and the Ambulance Building.  The total cost for the school buildings was $225,092 and the total for the town buildings was $7,525.  The agenda report with the breakdowns will be included in the minutes filed in the Town Clerk’s office.  Mr. Grzyb noted that the snow removers were properly insured and some damage was done but could not be helped.  He also noted that the snow removal costs were submitted to the State for possible reimbursement but there is no guarantee. Ms. Engel thanked Mr. Grzyb for all his work.  


Update on Senior Center Renovations
Frank Grzyb provided an update on the Senior Center addition and renovation.  In addition to the information provided in the agenda report which will be included in the minutes filed in the Town Clerk’s office, he noted that the bond for the project was received on Friday, April 8th.  The contract will be signed on April 18th and the project should begin approximately 4 to 5 weeks later.

Update on Sears Park Band Shell
Frank Grzyb provided an overview on the status of the Band Shell at Sears Park in honor of the late Governor William O’Neill.  In addition to the information on the agenda report, which will be filed with the minutes, four proposals were received for architectural/engineering services and all four companies will be interviewed.  Work should begin in the fall and be completed by the end of the year.  Parks & Recreation Director Ruth Plummer noted that they will be looking into the hours that events will take place and the type of activities that will be allowed in the band shell.  Mr. Cordeiro indicated that the Arts & Cultural Commission would like to be involved in the planning of activities.

Update on Pine Brook Bridge
Director of Public Works Keith Hayden provided an update on the Pine Brook culvert as outlined in the agenda report which will be filed with the minutes in the Town Clerk’s office.  A letter was sent to Governor Malloy from the Town Manager’s office requesting emergency Town Aid Road (TAR) funds. Senator Daily’s office also sent a letter to the Governor in support of the request for TAR emergency funding.  

Update on Noise Ordinance
Ms. Weintraub provided an overview of a draft Noise Control Ordinance that she prepared using the four sample noise ordinances provided by the Town Attorney and did some research to make the language more concise and easier to understand.  She is trying to make it a positive ordinance with education being the foundation.  

The other Council members provided their comment on a noise ordinance. Mr. Cordeiro, Mr. Goff, Ms. Moore, Ms. Carillo and Ms. Engel did not support a noise ordinance.  There were questions on the authority that the Police Department currently has to issue tickets and why those laws are not already being enforced.

Ms. Weintraub noted the town is growing with possible mixed use in the Village Center and the noise ordinance would be a guideline for the future.  

Based on the comments made by the majority of the Council, a motion was not made.

A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to add an item under New Business to discuss the police reports provided by Milton Davis.  Voted (6-0).

Update on Interim Town Manager Search
Negotiations are in process for the Interim Town Manager.

Reminder of Town’s Legal Policy
Ms. Engel provided a reminder on the Policy Regarding the Use of the Legal Resources noting that Town Manager approval is required before contacting the town attorneys.

Retention of Attorney Eric Daigle
A letter was sent to Sgt. Green’s attorney noting that the investigation into Sgt. Green will be handled by an outside attorney, Eric Daigle.  Ms. Engel noted that Sgt. Green’s attorney does not agree with the choice of the attorney. It was questioned why the town is paying for another attorney when the State’s attorney would be free.  

Rotary/Soccer Club Parks Proposal
Mr. Drewry reported that research is being done into the Wopowog property.  The property was given to the town with no deed restrictions but the Conservation Commission received permission from the Board of Selectman many years ago to do work on the property.  Research needs to be done to see if can be used for sport fields.  The property on Gildersleeve has also been slated for the gas islands when that comes about.  It was questioned which portion of the property the Rotary/Soccer club looking at.  The project will be forwarded to the Parks & Recreation Advisory Board for research.  Mr. Goff will be the liaison to this project.  Mr. Drewry noted that Doug Bonoff did quite a bit of work on Wopowog and may have more history into that property.

New Business
Consider Adding Alternates to the Board of Assessment Appeals
A letter was received from George Coshow from the Board of Assessment Appeals requesting alternates for that board.  Mr. Drewry will ask Attorney D’Aquila to look into the process for adding alternates to an elected board.

Set Town Meeting Date and Budget Referendum Date for 2011-2012 Budget
A motion was made by Mr. Goff, seconded by Ms. Moore, to set the Town Meeting date of Monday, April 25, 2011 at 7:00 p.m. in the Town Hall Meeting Room and to set the budget referendum date of Tuesday, May 3, 2011.  Voted (6-0).

Police Reports Provided by Milton Davis
Mr. Drewry reported that he has spoken with Chief Reimondo regarding additional training for the Police Department that has already been planned.  Mr. Drewry will ask for a schedule of the various training topics that will be covered.

Report of Interim Town Manager   
Mr. Drewry reported that 98% of the supervisory staff and the police sergeants receiving training on email, internet use and some sections of the employee handbook from Shel Myers of Kainen, Escalera & McHale.  The supervisors will then train their employees.

Mr. Drewry and Jeff Jylkka will be attending the CCM Meeting on Wednesday, April 13th at the State Legislative Offices.

Ms. Weintraub asked about the status of the Design Review Board.  Mr. Drewry reported that a motion was made and passed at the February 10, 2009 meeting to have the Town Manager work directly with a few members of the Design Review Board, a member from EDC, a member from P&Z, ZBA, the planning administrator and other selected members to institutionalize an internal town hall design review committee to review all developer applications prior to their submittal to P&Z for final site plan approvals.  Mr. Drewry noted that the motion that was made should be acted upon.

Ms. Weintraub asked about the library custodial position that was posted.  She was told it was offered to someone but then taken away.  She questioned the process. Mr. Drewry noted that it was a union matter.

Resolutions/Ordinances/Policies/Proclamations   None


Bids & Contracts  
Approval of Engineering Firm for Extension of Airline Trail
Ruth Plummer, Director of Parks & Recreation, provided an overview of the bids received for the engineering services for extending the Airline Trail from Watrous Street to the Village Center.

A motion was made by Ms. Moore, seconded by Mr. Goff, to award the project to Anchor Engineering Services, Inc. in the amount of $30,000.  Voted (6-0).

Approval of Engineering Firm 2010 Brownfields Assessment Grant
Keith Hayden, Director of Public Works provided an overview of the RFQ’s received for the 2010 Brownfields Assessment Grant.

A motion was made by Mr. Goff, seconded by Ms. Carillo, to award the contract to perform work under the 2010 EPA Brownfields Assessment Grant to Vanasse Hangen Brustlin inc.  Voted (6-0).

Appointments   None

Financial Statements and Transactions
Additional Appropriation – Public Works
A motion was made by Ms. Moore, seconded by Mr. Cordeiro, to approve an additional appropriation for $800.00.  Voted (6-0).

Tax Refunds
A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to approve tax refunds in the amount of $649.64.  Voted (6-0).  

Communications/Correspondence/Announcements
Mr. Cordeiro attended the Eagle Scout Ceremony for Caleb and Rosse Gates.  

There will be a special Town Council meeting on Thursday, April 14th at 6:30 p.m. to discuss and approve the budget.

The Town Meeting to send the budget to referendum will be Monday, April 25th in the Town Hall Meeting Room.

Public Remarks
Angela Sarahina, 37 Old Middletown Avenue, commented that she is disappointed that the noise did not come up for a vote.  She is also disappointed in the budget.  She feels more should be taken from the Board of Education.

Fran Klein, Bellevue Street, noted that she is also speaking for Angelo Tammaro.  She commented that she is disappointed that there is no noise ordinance. She would like to know, in writing, the descriptions of the laws that the police can utilize for noise complaints such as disturbing the peace, breach of peace and disorderly conduct. A letter was provided from Mr. Tammaro and will be included in the minutes filed in the Town Clerk’s office.

Paul Angelico, 81 North Main Street, read a letter regarding a noise ordinance.  The letter will be included in the minutes filed in the Town Clerk’s office.

Mary Ann Dostaler, 56 William Drive, commented on the noise ordinance noting she feels most Council members were not serious about the ordinance. She feels it is a dis-service to the community that this has been dragged out for four years.

Reserved   None

Executive Session:  Strategy with Respect to Pending Claims or Litigation:  Freedom of Information Commission Docket #FIC 2010-444 – Matthew A. Reimondo v. Melissa Engel, et al
A motion was made by Mr. Goff, seconded by Ms. Carillo, to enter Executive Session at 8:40 p.m.  Voted (6-0).

The following individuals were in attendance during this Executive Session: Melissa Engel, Chatham Carillo, Thomas Cordeiro, Christopher Goff, Barbara Moore and Attorney Jean D’Aquila.

Susan Weintraub recused herself from this Executive Session.

Executive Session ended at 9:10 p.m.

A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to adjourn the meeting at 9:11 p.m.  Voted (6-0).

Respectfully submitted,


Cathy Sirois
Recording Secretary