Town of East Hampton
Town Council Regular Meeting
Tuesday, May 10, 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 John Weichsel, 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 6:30 p.m. in the Eaton E. Smith Meeting Room at the Town Hall.
Approval of Minutes
A motion was made by Ms. Moore, seconded by Ms. Carillo, to approve the minutes of the April 20, 2011 Special Meeting as written. Voted (6-0).
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve the minutes of the April 26, 2011 Special Meeting as written. Voted (6-0).
A motion was made by Ms. Moore, seconded by Mr. Goff, to approve the minutes of the April 26, 2011 Regular Meeting as amended. Voted (6-0).
A motion was made by Ms. Carillo, seconded by Ms. Weintraub, to approve the minutes of the April 28, 2011 Special Meeting as written. Voted (6-0).
A motion was made by Mr. Cordeiro, seconded by Ms. Weintraub, to add an item to amend the resolution authorizing John Weichsel to execute documents for the Airline Trail extension grant. Voted (6-0).
A motion was made by Ms. Moore, seconded by Mr. Goff, to add an item to amend the resolution authorizing John Weichsel to execute documents for the agreement between the Town of East Haddam and East Hampton for the Detention and Care of Impounded Dogs. Voted (6-0).
A motion was made by Mr. Goff, seconded by Mr. Cordeiro to add an item to discuss having the Town Attorney present at all future Town Council meetings. Voted (6-0).
Special Presentation
Defined Benefit vs. Defined Contribution Discussion
Finance Director Jeff Jylkka provided an overview on the values currently in the pension plan. The Town currently has a defined benefit plan where the employer and the employee both contribute. The benefit is defined by a formula. The Council has requested information on a defined contribution plan where the employee contributes to the plan and the employer can contribute. The Council can make a recommendation to the negotiating team to offer a certain plan to new employees during contract negotiations. Mr. Jylkka noted that making changes to the current plan can possibly show a savings in the shorter term as the defined contribution plan will not show a savings for 25 or more years.
A motion was made by Ms. Moore, seconded by Mr. Goff, to draft a policy for non-union employees that moves away from a defined benefit plan and to encourage the negotiators when working with union employees to move away from the defined benefit plan for new hires. Voted (6-0).
The Council has requested Jeff Jylkka come back to the June 10th meeting with a draft policy for non-union employees.
Public Remarks
Angela Sarahina, 37 Middletown Avenue, feels having the police complaints on the agenda are retaliation against the Police Department and Chief Reimondo. She also feels Ms. Engel should recuse herself due to a conflict of interest as one complaint involves her campground. She also reviewed charter information regarding the chairperson.
Mary Ann Dostaler, 56 William Drive, welcomed the new Interim Town Manager John Weichsel.
New Business
Discussion to Have Town Attorney Present at Town Council Meeting
It was recommended by Mr. Weichsel that the Town Attorney be present at the Council meetings. He noted that although some matters may need to be researched it would be beneficial to have Attorney D’Aquila present to answer questions. This would cut down on phone calls to her after the meetings. Ms. Weintraub inquired about the fiscal impact on the upcoming budget. Mr. Weichsel noted that it would save money in the long run. Ms. Weintraub asked that this be reviewed after three months.
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to have the town attorney present at Town Council meetings. Voted (6-0).
Approve 2011-2012 Revised Budget, Set Town Meeting Date (May 23) and budget Referendum Date (May 31)
Ms. Engel reported that the Board of Finance cut $100,000 from the Board of Education budget at their meeting the prior evening. She also noted that revenues have decreased due to adjustments in the property values after revaluation. Dr. Judith Golden, Superintendent of Schools, was present and provided an explanation of Kevin Reich’s position and salary as it relates to the budget, noting that his old position of Director of Curriculum and Administrative Services remains in the Administrators contract but is not funded.
A motion was made by Ms. Moore, seconded by Mr. Goff, to accept the Board of Finance budget with the $100,000 reduction to Board of Education, to set the Town Meeting date of May 23, 2011 in the High School Auditorium and the referendum date of May 31, 2011 from 6:00 a.m. to 8:00 p.m. at the High School. Voted (6-0).
Discussion of Referendum/Election Day Procedures
There was a discussion of voting signs. All signs will be housed at Public Works and staff there will be in charge of putting up the signs. Ms. Moore purchased two 18” x 24” signs that read “Vote Today”. These signs will be added to the current inventory. The town will purchase an additional 10 double sided signs. The Town Manager will work with Public Works for the location of posting the signs.
A police officer is needed at the polls from 7:45 p.m. to 8:15 p.m. on the night of the vote. Mr. Weichsel will notify the Police Chief to have an officer available.
Jeff Jylkka will prepare an ad for the Rivereast similar to that posted prior to the first vote.
Old Business
Update on Senior Center Addition & Renovations
Facilities Manager Frank Grzyb provided an update on the Senior Center addition and renovations. The contract with T.M. Builders was signed on April 18th. The pre-construction meeting was held on May 10th and the work should begin on May 11th. The adjustments to the plans provided a $39,000 savings bringing the project almost back to budget.
The project at 103 Main Street is a Brownfields/Redevelopment Project through an EPA Clean Up Grant. Brownfields agency member Mary Ann Dostaler noted that new material was brought in to cap the contaminated soil and the parking lot will be paved. The project should be complete in approximately 4 weeks.
Police Enforcement Capabilities with Regard to Noise
Attorney D’Aquila reviewed her opinion letter regarding noise enforcement options, which will be included with the minutes filed in the Town Clerk’s office. Options include utilizing the Office of Noise Control for the State of Connecticut or following provisions of the CT Penal Code. Ms. Weintraub spoke to John Cashman, Supervising Senior Assistant States Prosecutor for the Middlesex Court to see if the charges could be enforced as a criminal action if it came before him. He doesn’t feel it should be put into a criminal category and it would be a burden on the court. He felt it should be dealt with in the community. Ms. Weintraub also noted that DEP’s staff is being reduced and they don’t have the personnel to go out to enforce the statutes for noise control. Attorney
D’Aquila reported that fines are approximately $100 or less. Ms. Weintraub does not feel the cases will hold up in court.
Results of Investigations from Chief Reimondo
Ms. Engel reported that Chief Reimondo has requested an extension of time to return the investigations until later in the month. The extension has been given to the next meeting, May 24th.
Report of Interim Town Manager
Mr. Weichsel provided a listing of current projects to the Council members. He also noted that in his first week he has been meeting with department heads who have provided overviews of each of their areas.
Resolutions/Ordinances/Policies/Proclamations
Approval of Resolution for Pine Brook Culvert Replacement Project
A motion was made by Mr. Goff, seconded by Ms. Carillo, to adopt the resolution for the appropriation of $400,000 for the Pine Brook Road Culvert Replacement Project and to send the item to a Town Meeting for a vote. Voted (6-0). The Town Meeting is set for Monday, May 23rd at 7:00 p.m. in the High School Auditorium. The funding is a contingency plan if the emergency funding from the State is not received.
Approval of Resolutions Adding a Member to the Memorial School Roof and Oil Tank Building Committees
A motion was made by Mr. Goff, seconded by Ms. Moore, to amend the resolutions dated April 13, 2010 for the building committees for the Memorial School Roof Replacement and Oil Tank Replacement projects to include Al Gotch, a member from the community at large. Voted (6-0).
Bids & Contracts None
Appointments
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to rescind the appointment of Elizabeth Namen of Epoch Arts to the Arts & Cultural Commission. Voted (6-0). It was noted that although she owns the business in East Hampton she is not a resident of the town and does not qualify to serve on the Arts & Cultural Commission. She will continue to assist the commission but not as a member.
Financial Statements and Transactions None
Tax Refunds
A motion was made by Mr. Goff, seconded by Mr. Cordeiro, to approve tax refunds in the amount of $6,880.93. Voted (6-0).
Communications/Correspondence/Announcements
The Animal Control consolidation contract was received in the Town Manager’s office today. The part time animal control assistant position has been posted. An update will be provided at the May 24th meeting.
Ms. Engel announced that Jim Carey’s surgery was successful and he will have a lengthy recovery. She praised Daphne Schaub, Kamey Peterson and Bill Hayes for the great job they have done in his absence. The Planning & Zoning commission members have also stepped up to help.
Ms. Weintraub asked Attorney D’Aquila about the Merit Assessment Review that was received regarding the CHRO complaint filed by Chief Reimondo. Attorney D’Aquila noted that this is the first level of review.
Coming Up
May 24th Meeting
- Update on animal control consolidation
- The Board of Assessment Appeals members will be in attendance to discuss alternates to that board.
- The Assessor will be in attendance to review the revaluation classifications
- Update on possible solar panels near WPCA
There will also be an executive session with labor counsel to discuss upcoming police union negotiations.
Public Remarks
Ken Lee, Pine Brook Road, thanked the Council and staff for moving forward with the Pine Brook Culvert.
Mary Flannery, 10 West High Street, commented that approximately two years ago NOW gave a donation to the girls’ softball team at the High School for a dugout shelter. She commented that Kevin Reich is aware of the funds and nothing has been done to date. Mr. Weichsel will look into it.
Bunny Simko, Long Hill Road, asked about the possibility of changing referendum times. Currently the town has an ordinance noting the referendum time is 6am to 8pm. She noted the State Charter says the referendums can take place 12noon to 8pm. If the time were to be changed it would require an ordinance change. Concerns were noted about changing the times. The Town Manager’s office will research what times other towns use for local referendum votes.
Fran Klein, Bellevue Street, asked if the State Attorney General has been contacted regarding the noise enforcement questions.
Mary Ann Dostaler, 56 William Drive, commented on the failure of Council to enact a noise ordinance. It would have given more power to the community allowing matters to be handled in a civil way and an opportunity for revenue for the town.
Janice Cavanaugh, 204 Hog Hill Road, commented on an animal control/animal cruelty issue related to birds owned by her neighbor/brother Tim Cavanaugh and his wife Laurie Wasilewski. She called the State animal control office for assistance. She noted the town needs an animal control officer who can separate themselves from friendships with residents.
Maureen Hawkins, Colchester Avenue, commented that her husband was an animal control officer and noted that they don’t deal with birds.
Laurie Wasilewski, Hog Hill Road, commented that she has no involvement or ownership of her husband’s birds. She wanted to correct the record.
Kyle Dostaler, 56 William Drive, welcomed John Weichsel. He is hopeful that Mr. Weichsel will look into the ongoing issues and lawsuits and work in the best interest of the town.
Ted Barber, 50 Mott Hill Road, commented that nothing has been done regarding the culvert near the marina. Mr. Weichsel will look into the issue. There will be an update at the May 24th meeting.
Mary Flannery, 10 West High Street, commented that the potholes on Depot Hill have finally been fixed.
Ted Barber, 50 Mott Hill Road, commented on the way that potholes are filled noting they are filled to full and turn into small speed bumps.
Reserved None
A motion was made by Mr. Cordeiro, seconded by Mr. Goff, to adjourn the meeting at 8:30 p.m. Voted (6-0).
Respectfully submitted,
Cathy Sirois
Recording Secretary
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