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11/22/2011 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, November 22, 2011
East Hampton High School Library

Minutes

Present:  Chairperson Susan Weintraub, Vice Chairman Glenn Suprono and Council Members Kyle Dostaler, Ted Hintz, Jr., Derek Johnson, Barbara Moore and George Pfaffenbach.  Also present were Interim Town Manager John Weichsel, Town Attorney Jean D’Aquila, Recording Secretary Cathy Sirois, members of the press and citizens.

Call to Order & Pledge of Allegiance
Chairperson Weintraub called the regular meeting to order at 6:39 p.m. in the East Hampton High School Library.

A motion was made by Mr. Hintz, seconded by Ms. Moore, to add the reading of the Code of Conduct as Item 3A.  Voted (7-0).

A motion was made by Mr. Hintz, seconded by Ms. Moore, to add an item to the agenda for the discussion and explanation of actions taken by Chairperson Weintraub and Council member Dostaler on Thursday, November 10, 2011 regarding the employment of Anne McKinney.  Voted (3-4) Mr. Hintz, Ms. Moore and Mr. Pfaffenbach in favor; Ms. Weintraub, Mr. Dostaler, Mr. Johnson and Mr. Suprono against.  Motion does not carry.

A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to move Item 9B to 9C and add a new item 9B to discuss the status and discussions pertaining to the Acting Interim Town Manager.  Voted (7-0).

A motion was made by Mr. Hintz, seconded by Ms. Moore, to add an item for the discussion on the Chairperson’s responsibilities to the entire Council when communicating to the Town Manager and the media. Voted (4-3) Motion does not pass.  Mr. Hintz, Ms. Moore, Mr. Pfaffenbach, Mr. Suprono in favor; Ms. Weintraub, Mr. Dostaler and Mr. Johnson opposed.

A motion was made by Mr. Hintz, seconded by Ms. Moore, to add language at the top of the agenda notifying the public that the Council reserves the right to re-order the agenda as needed.  Voted (7-0).  The re-ordering of agenda items at a meeting would require a motion and would only require a majority to pass.

Approval of Minutes  
A motion was made by Mr. Hintz, seconded by Ms. Moore, to approve the minutes of the Town Council Organizational Meeting of November 9, 2011 as written. Voted (7-0).

Town Council Chair:  Welcome, Responsibilities, Meeting Rules & Procedures
Chairperson Weintraub welcomed everyone and provided an overview of responsibilities, meeting rules and procedures including:
  • Civility is the goal
  • All Town Council members have equal rights
  • Be cautious with emails to be sure to not have a meeting
  • Review of Town Charter for Town Council responsibilities
  • Items for agendas should be emailed to Cathy Sirois one week prior to a scheduled meeting.  She will then email item to all Council members.
  • Personal attacks will not be tolerated
  • One council member will speak at a time
  • Member who makes a motion will have the first opportunity to discuss
  • Chair will alternate between those for and against an issue for discussion
  • Raise hand to be recognized to speak with no more than ten minutes to speak and two options to speak before a vote
  • Show of hands and aye or nay for a vote
  • Public remarks will keep the 3 minute rule
  • Questions from public remarks will be handled in the following ways: if the answer is lengthy it will either be added to the agenda, added to next meeting agenda or the Town Manager will follow up. If it is a short answer it will be addressed following public remarks.
  • Day to day questions should be presented to the Town Manager, if there is no resolution then go to Town Council
  • Personal attacks during public remarks will not be tolerated
  • Public remarks should be directed to the Chair and state name and address  
A motion was made by Mr. Hintz, seconded by Mr. Pfaffenbach, to add agenda item 3B for Council to adopt Roberts Rules of Order 11th Edition.  Voted (7-0).

Code of Conduct
Mr. Hintz read the Code of Conduct.

Roberts Rules of Order 11th Edition
A motion was made by Mr. Dostaler, seconded by Ms. Moore, to adopt Roberts Rules of Order 11th Edition.  Voted (6-1).  Mr. Johnson against.

The town will purchase copies of the 11th Edition for Council members.

Public Remarks
Ann McLaughlin, 85 North Main Street, commented on the Yellow Ribbon Committee noting the tree was destroyed during the storm and they are working to get a new tree.  There will be a ceremony on December 11th at 11am on the Congregational Church lawn.  Donations have been received for a new tree.

Laurie Wasilewski, Hog Hill Road, asked the Council if they will allow the public to speak during item discussion instead of only at public remarks.  Ms. Weintraub noted it will be tested at the next meeting.

Old Business
Update on Congregational Church Parking Lot:
Attorney D’Aquila provided an update on the Congregational Church parking lot agreement.  The church representatives have reviewed their requirements and dollar amount requested.  A draft document will be given to Council members once prepared for review prior to the next meeting.

Update on Senior Center:
Facilities Manager Frank Grzyb provided an update on the Senior Center Renovation/Addition.  They are behind schedule due to Storms Irene and Alfred and due to unsuitable ground material that needed to be removed before the foundation was poured.  The new completion date is December 12th.  The budget is still below $680,000.  A $500 per day penalty would be imposed after December 12th if the project is not completed.

Update on Performing Arts Gazebo at Sears Park:
Facilities Manager Frank Grzyb provided an update on the Performing Arts Gazebo at Sears Park.  The project is in the design phase.  Preliminary plans should be received by December 6th.  The project is planned to be completed by May or June.

Approve Custodial Trust Agreement for Town Pension Plan:
Finance Director Jeff Jylkka provided an overview of the trust agreement for the town pension plan.  A copy of the agreement will be included with the minutes filed in the Town Clerk’s Office.  Chris Rollins of Fiduciary Investment Advisors was present to answer questions.

A motion was made by Mr. Hintz, seconded by Ms. Moore, to approve the custodial trust agreement for the Town’s pension plan.  Council further authorizes the Town Manager (John Weichsel) and Finance Director (Jeff Jylkka) as authorized signers for the Town of East Hampton’s Retirement Income Plan.  Voted (7-0).

Update on Signage Regarding School Teams Winning State Championships:
Mr. Weichsel has contacted Assistant Superintendent Kevin Reich for assistance regarding the school teams that have won State Championships.  More information will be available at the next meeting.

New Business
Town Council Public Forums:
Mr. Johnson presented an idea to have a meeting on a quarterly or monthly basis with groups in the community such as the business community, seniors and education groups to raise issues.  This item will be further discussed at the next meeting.

Discussion of Process Regarding New Town Manager Search:
Mr. Dostaler provided an outline related to the hiring of a new Town Manager.  A special meeting will be held to further discuss the process.

2012-2013 Budget Policy Statement:
Ms. Weintraub asked Mr. Dostaler, Ms. Moore and Mr. Hintz to work on the 2012-2013 Budget Policy Statement.

Approval of 2012 Meeting Dates:
The Council discussed the 2012 meeting dates and the change in location for the meetings from the Town Hall Meeting Room to the High School Library.

A motion was made by Mr. Pfaffenbach, seconded by Mr. Johnson, to amend item 6D to discuss meeting locations as well as meeting dates.  Voted (7-0).

The Council discussed the reasons for moving the meetings to the High School Library.  Ms. Weintraub proposed the location be at the High School and it will be reviewed in 3 months to assess the need for the larger room.

A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to approve the 2012 meeting dates and that the location be in the High School Library.  Voted (5-2)  Mr. Pfaffenbach and Mr. Hintz against.

Report of Interim Town Manager
Mr. Weichsel reported that the former Acting Interim Town Manager Anne McKinney would provide a final report.

Ms. McKinney reported on the following:
  • She came in with no agenda and came in to fill a need
  • Met with most employees
  • Met with all department heads
  • Spoke with Mr. Weichsel daily
  • Discussed her concerns regarding the memorandum to the Chief
  • She brought the document to the Police Department
  • The document was public and was able to be obtained through FOI
  • Was looking at a “360” investigation
  • Discussed the storm and shelters
  • Discussed her dismissal
Resolutions/Ordinances/Policies/Proclamations  
Method for Calling of Special Meetings:
The Town Charter requires in Section 2.3 that the Council adopt a rule for calling special meetings.  Attorney D’Aquila provided options that the Council could adopt such as the meetings being called by the Chair or allowing meetings to be called by a certain number of Council members.  Ms. D’Aquila has also asked the Connecticut Conference of Municipalities (CCM) to see what other towns utilize for Town Council bylaws.

A motion was made by Mr. Johnson, seconded by Mr. Dostaler, that subject to the consideration and adoption of other Town Council bylaws and/or ordinances pertaining to the calling of special meetings in the future special Town Council meetings will be called at the discretion of the Town Council Chairperson.  Voted (4-3).  Mr. Hintz, Ms. Moore, Mr. Pfaffenbach against.

Bids & Contracts
Approve Contract for Radio Equipment Upgrades:
Jeff Jylkka provided an overview of the history of the radio equipment upgrades.

A motion was made by Mr. Johnson, seconded by Ms. Moore, that subject to Town Attorney review and approval of the form of the contract, that the Town Council authorizes the Town Manager to enter into a contract with Utility Communications, Hamden, CT for radio equipment upgrades for the Fire Department, Police Department and Public Works Department.  Voted (7-0).

Status of Acting Interim Town Manager:
Mr. Hintz questioned what took place on the day Acting Interim Town Manager Anne McKinney was notified that Mr. Weichsel was returning.  He also pointed out a section of her contract that indicates there should be a 7 day notice for termination by the Council.  Ms. Weintraub provided an overview of what occurred.

Termination of Acting Interim Town Manager Contract:
A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to terminate the Acting Interim Town Manager’s contract 7 days from today and that she be paid for 2 weeks following her last day.  Voted (7-0).

Appointments
Moderators:
A motion was made by Mr. Dostaler, seconded by Mr. Johnson, to appoint Dale Maynard (Independent) and Paul Hoffman (Democrat) as moderators.  Voted (5-0-2).  Mr. Hintz and Mr. Pfaffenbach abstained.

Appointments Sub-Committee:
Ms. Weintraub appointed Mr. Dostaler, Mr. Johnson and Ms. Moore to the Appointments Sub-Committee.

Tax Refunds
A motion was made by Mr. Hintz, seconded by Mr. Pfaffenbach, to approve tax refunds in the amount of $172.84.  Voted (7-0).  

Communications, Correspondence & Announcements
A letter was received from Judie Bobbi at the the Housing Authority thanking Barbara Moore and Jo Ann Ewing for checking on the Senior Housing during the storm at the end of October.  Ms. Bobbie also requested that she be included in future storm planning.

A letter was received from Mr. & Mrs. David Luke regarding a beaver issue near Old Middletown Avenue.  This is an Inland Wetland Issue.  Mr. Weichsel will provide more information at a future meeting.

An application was received from Ann McLaughlin for reappointment to the Commission on Aging.  That will be forwarded to the Appointments Sub-Committee.

A letter was received from Sue Puzzo congratulating the Council and suggested that economic recovery begins at home and for residents to think East Hampton first.

CCM will be offering workshops.  Information will be emailed to Council members.

Mr. Hintz noted a concern that some department heads are not returning calls to residents and the complaints are then going to Council.  Mr. Weichsel will address that issue with staff.

Saturday, November 26th is Small Business Day.

Mr. Johnson noted that Ms. Puzzo also requested that the town purchase items from town businesses where possible.

Public Remarks
William Choma, 20 Namonee Trail, commented on a letter from Attorney Rosenblatt regarding the Acting Interim Town Manager.  He also commented that the Town Council has a right to establish a police commission.

Mary Ann Dostaler, 56 William Drive, echoed the sentiments in Ms. Puzzo’s letter.  She also noted that a successful microbusiness event was held last week.

Ruth Tegge, 5 Niles Street, hopes that future meetings are not like tonight as some comments were uncomfortable.

Melissa Engel, 7 Markham Road, congratulated the Council and commented on calling special meetings noting in 2005 there was a similar Council make up with 2 minority members.  She feels there should be another mechanism to call special meetings.

Chris Goff, Wildwood Lane, welcomed back Mr. Weichsel. He commented that there are rules for process for special meetings in Roberts Rules.  He voiced concerns on the Congregational Church parking lot noting there are a lot of activities that the parking lot is used for such as Old Home Days and soccer club.  He also noted the professionalism and ambition that Anne McKinney displayed while serving as Acting Town Manager.

Whitney Fielding, 11 Lake Drive, commended everyone for behaving with grace and dignity.

Fran Klein, 12 Bellevue Street, welcomed back Mr. Weichsel and wished everyone a Happy Thanksgiving.  She suggested everyone change seats at the Council table.  She would like to see the town move forward.

Rowland Rux, Wopowog Road, asked the Town Council to put aside their differences.  He will support all Council members and hopes the Council will make a commitment to make decisions for the people.

Adjournment
The meeting adjourned at 10:05 p.m.  

Respectfully submitted,



Cathy Sirois
Recording Secretary