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11/13/2012 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, November 13, 2012
East Hampton High School Auditorium  

Minutes

Present:  Chairperson Susan Weintraub, Council Members Kyle Dostaler, Derek Johnson, Barbara Moore and George Pfaffenbach.  Also present were Town Manager Michael Maniscalco, Recording Secretary Cathy Sirois, members of the press and citizens.

Not Present:  Ted Hintz, Jr. and Glenn Suprono

Call to Order & Pledge of Allegiance
Chairperson Weintraub called the regular meeting to order at 6:30 p.m. in the East Hampton High School Auditorium.

Adoption of Agenda
A motion was made by Mr. Dostaler, seconded by Ms. Moore, to add an item to the agenda under Executive Session for an Update on CHRO 1140106 – Shepard v. Town. Voted (5-0).

Approval of Minutes  
A motion was made by Ms. Moore, seconded by Mr. Dostaler, to approve the minutes of the Town Council Regular Meeting of October 23, 2012 as written.  Voted (5-0).

Public Remarks
Paul Owen, Day Point Road, commented in support of the reappointment of Richard Dufour to the Fire Commission.

Presentations   
Fire Department Presentation on New Fire Truck
Mike Rich, Fire Police Captain and Chairman of the Fire Department Engine Replacement Committee gave a presentation on the new fire truck that is being proposed by the Fire Department.  A copy of the presentation will be included with the minutes filed in the Town Clerk’s Office.

Bids & Contracts
Review of Board of Education Administrators Contract
The Council reviewed a summary of the Board of Education Administrator’s Contract which is being reopened for the third year of the current contract 2013-2014. The Town Council has the ability to act on the contract or not.  If no action is taken the contract is enacted.  The Council took no action on the Board of Education Administrator’s Contract.

Resolutions/Ordinances/Policies/Proclamations
Action on Blight Ordinance
Mr. Maniscalco provided an overview of the blight ordinance.  A public hearing was held prior to this meeting. There were discussions regarding adding wording for the notice of violations.

A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to adopt the blight ordinance as amended.  Voted (5-0).

Action on Christopher Brook/Brewer Road Resolution
A motion was made by Ms. Moore, seconded by Mr. Pfaffenbach, to adopt the resolutions for the Christopher Brook and Brewer Road projects.  Voted (5-0).

Review of Clean Energy Task Force Resolution
Mr. Maniscalco reviewed the draft resolution for the Clean Energy Task Force.  This was a first reading of the resolution.  This item will be included on the agenda for the next meeting.

Continued Business
Update on Design Review Board
A press release was sent out to ask for volunteers for the Design Review Board.  It was requested that applications be received by November 21st.

End of Year Transfers
A motion was made by Ms. Moore, seconded by Mr. Pfaffenbach, to approve the budget transfers for the 2011-2012 fiscal year.  Voted (5-0).   The agenda report detailing the transfers will be included with the minutes filed in the Town Clerk’s office.

Board of Education Additional Appropriation
A motion was made by Mr. Dostaler, seconded by Mr. Johnson, to approve the additional appropriations for the Board of Education. Voted (5-0).  The agenda report detailing the appropriations will be included with the minutes filed in the Town Clerk’s office.

FY 2011-2012 Capital Reserve Fund Transfers
A motion was made by Mr. Dostaler, seconded by Mr. Johnson, to approve the following:  Resolved that the Town Council approve the budget transfer of $374,490 from the accounts identified to the Capital Reserve Fund (#50).  Further resolved that the transfer be allocated to the following projects: 1) $150,000 Debt sinking; 2) $224,490 Emergency Preparedness/Disaster Recovery.  Further resolved, that the specifics of the Emergency Preparedness/Disaster Recovery project be recommended by the Board of Finance and approved by Town Council prior to any funds being expended.  Voted (5-0).  The agenda report will be included with the minutes filed in the Town Clerk’s office.

New Business
Removal of Private Property from Plowing/Maintenance List
Mr. Maniscalco explained that many roads being plowed by the Town are not on the town road list.  In order for the town to continue to plow these properties they will need to be turned into town roads.  The attorney is in the process of determining the best method to turn these private properties to town roads.  In the meantime, the town will continue to plow these properties.

Fats/Oils/Grease (FOG) Ordinance
Vincent Susco, Public Utilities Administrator, provided an overview of the Fats/Oils/Grease (FOG) Ordinance.  The full agenda packet will be included with the minutes filed in the Town Clerk’s office. The Council asked questions of Mr. Susco including what the cost of the system would be to businesses, the number of businesses that would be impacted, has the document been reviewed by the Town Attorney and would any of the cost be carried by non-businesses.  Mr. Susco responded that the cost for the system would vary dependent on the business but could be one thousand to several thousand dollars, the Chatham Health District would have the number of businesses that would be impacted, the document was reviewed by the former Town Attorney and the cost for the systems would not be carried over to residents.  The Council agreed that the current Town Attorney should review the document.  Ms. Weintraub asked as part of this topic if the recent increase in sewer use rates was attributed to any of these systems and asked if a public hearing was held for the sewer rate increase.  Mr. Susco indicated that the rate is based on the flows received and East Hampton’s flows were higher than Colchester and that a public hearing is not required for sewer rates but is required for water rates.  The sewer rates fall under the authority of the Water Pollution Control Authority board.

Town Manager Report
Mr. Maniscalco reported the following:
  • Thank you to all of the volunteers and staff that worked during Storm Sandy.
  • A home that burned on Sears Place was a total loss.  The fire is under investigation by the State Fire Marshal.
  • The purchasing ordinance should be reviewed and updated.
  • The shadow boxes for the proclamations for the first responders to the Bevin Bell fire should be ready after Thanksgiving.  A listing is being compiled of meeting dates for the towns to receive the proclamations.
  • Appointments that are to be made by the Town Manager should be done in the next few weeks.
By consensus, the Council agreed that the Town Manager should work on the purchasing ordinance.

Liaison Reports
None

Appointments
Mr. Suprono will now be on the Appointments Sub-Committee, replacing Mr. Johnson.  Ms. Weintraub will be a backup for Mr. Suprono.

Tax Refunds
A motion was made by Ms. Moore, seconded by Mr. Johnson, to approve tax refunds in the amount of $2,201.07.  Voted (5-0).  

Public Remarks
None

Communications, Correspondence & Announcements
Ms. Moore asked for a formal response to an email from Dave Simko regarding misappropriation of funds.

The regular meeting ended at 8:15 p.m.

A motion was made by Ms. Moore, seconded by Mr. Pfaffenbach, to enter Executive Session at 8:25 p.m.  Voted (5-0).

Executive Session:
Strategy Regarding Olzacki v. Town et al
Strategy Regarding CHRO 1140106 – Shepard v. Town
Present in Executive Session were Susan Weintraub, Kyle Dostaler, Derek Johnson, Barbara Moore, George Pfaffenbach, Town Manager Michael Maniscalco, Attorney Duncan Forsyth and Attorney Michael Rose.

Executive Session ended at 9:23 p.m.

A motion was made by Mr. Dostaler, seconded by Mr. Johnson, to direct the Town Manager to negotiate regarding the Executive Session topics.  Voted (5-0).

Adjournment
The meeting adjourned at 9:25 p.m.

Respectfully submitted,


Cathy Sirois
Recording Secretary