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05/14/2013 Town Council Regular Meeting
Town of East Hampton
Town Council Regular Meeting
Tuesday, May 14, 2013
East Hampton High School Library

Minutes

Present:  Chairperson Susan Weintraub, Vice Chairman Glenn Suprono, Council Members Kyle Dostaler, Ted Hintz, Jr., Barbara Moore and George Pfaffenbach and Town Manager Michael Maniscalco.

Not Present:  Derek Johnson

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 Library.

Adoption of Agenda
A motion was made by Mr. Hintz, seconded by Mr. Dostaler, to add Building Permit Waiver under New Business.  Voted (6-0).

A motion was made by Mr. Hintz, seconded by Ms. Moore to enter Executive Session at 6:32 p.m.
Voted (6-0).

Executive Session
  • Update on Town Legal Matters
  • CV12-6008263-S Edward Sawyers v. East Hampton, et al
  • 3:13CV003365(JBA) Melissa Engel v. East Hampton et al
  • CV13-13-6009593 Craig Ghagan v. East Hampton
  • CHRO 1140107 – Shepard v. O’Keefe
  • CHRO 1140106 – Shepard v. Town
Present in Executive Session:  Susan Weintraub, Glenn Suprono, Kyle Dostaler, Ted Hintz, Jr., Barbara Moore, George Pfaffenbach, Michael Maniscalco and Attorney James Tallberg.

  • Discussion Concerning an Attorney Client Privileged Communication Regarding a Complaint
Present in Executive Session:  Susan Weintraub, Glenn Suprono, Kyle Dostaler, Ted Hintz, Jr., Barbara Moore and George Pfaffenbach.

  • Potential Purchase of Property
Present in Executive Session:  Susan Weintraub, Glenn Suprono, Kyle Dostaler, Ted Hintz, Jr., Barbara Moore, George Pfaffenbach and Town Manager Michael Maniscalco.

Executive Session ended at 7:02 p.m.

Possible Action on Executive Session Discussion
A motion was made by Mr. Dostaler, seconded by Mr. Suprono, authorizing and permitting the Town Council Chair to contact the investigating attorney to proceed regarding item 3B.  Voted (6-0).

Approval of Minutes  
A motion was made by Mr. Dostaler, seconded by Mr. Suprono, to approve the minutes of the Town Council Regular Meeting of April 23, 2013 and Special Meeting of April 30, 2013 as written.  Voted (5-0-1) Mr. Pfaffenbach abstained as he was not present at those meetings.

A motion was made by Mr. Suprono, seconded by Ms. Moore, to approve the minutes of the Town Council Special Meeting of May 2, 2013 as written.  Voted (5-0-1) Mr. Dostaler abstained as he was not present at the meeting.

Public Remarks
Hunt Voelker, Chestnut Hill Road, recommended Philip Visintainer be appointed to the Fire Commission and noted Mr. Visintainer’s accomplishments while in the Fire Department.

Presentation
None

Bids & Contracts
Pre-Referendum High School Building Project Change Orders
The Council reviewed a change order for The S/L/A/M Collaborative, Inc. in the amount of $15,533.10.  John Mena from CREC was in attendance to answer questions.  There was a discussion regarding communication issues between the High School Building Committee, the Town Council and CREC pertaining to reports that were not received by the Council.  Quarterly reports will be sent to the Town Manager and Town Council directly from CREC.  If the referendum passes, a Tri Board Meeting will be scheduled to discuss the communication and process through the building project.

A motion was made by Mr. Suprono, seconded by Mr. Dostaler, to approve the change order for S/L/A/M Collaborative in the amount of $15,533.10.  Voted (5-1) Mr. Hintz against.

Bid Award to Edit and Reformat Zoning Regulations
James Carey, Chief Building Official, and Mark Philhower, Chairman of the Planning & Zoning Commission, were present to answer questions regarding the bid to edit and reformat Zoning regulations.  Mr. Carey reported that since 1989 when the last full set of regulations were revised pieces were added to many parts of the regulations.  There is now a great deal of repetition and an unsmooth flow to the regulations.  They feel it is best to have an outside group restructure the regulations.  Mr. Philhower explained that they have worked with Planimetrics before and they are very familiar with the regulations.  Ms. Weintraub noted her concern that only one bid was received and the minimum requirements were put forth for putting the item out to bid.

A motion was made by Mr. Pfaffenbach, seconded by Mr. Hintz, to approve and award the bid to Planimetrics.   Voted (3-3) Mr. Hintz, Ms. Moore and Mr. Pfaffenbach in favor; Ms. Weintraub, Mr. Suprono and Mr. Dostaler against.  The vote does not pass.

Resolutions/Ordinances/Policies/Proclamations
None

Continued Business
None

New Business
2013-2014 Public Water System Operating Budget & Water Rate Recommendation
Vin Susco, Public Utilities Administrator, was present to provide an overview of the 2013/2014 Water System Operating Budget and Water Rate Recommendation.  The agenda report detailing the information will be included with the minutes filed in the Town Clerk’s office.

A motion was made by Mr. Dostaler, seconded by Mr. Suprono, to direct the WPCA to hold a Public Hearing on June 4, 2013.  Voted (6-0).

Fire Department Awards Program and Operations
Mr. Maniscalco has proposed that the Fire Department awards program and human resources functions be turned over to the Town.  He wants to be sure that the Fire Department and Fire Commission can do the jobs they are set out to do.  He is working with Town staff to work out the logistics and will report back to the Council once complete.

Sears Park Project Update
Mr. Maniscalco provided an update on the Sears Park Project.  A 10 ton rock was unearthed during excavations. It was buried in a large hole.  CL&P moved a guide wire off the trees that needed to be removed for the playscape.  The earth work will be wrapped up and base material will be brought in.  They are anticipating substantial completion within 3 weeks, barring any unforeseen problems.

Waive Building Permit Fee
The Chatham Historical Society has requested a building permit fee waiver for their upcoming project of siding and the installation of an artifact from the Comstock Bridge.  

A motion was made by Mr. Suprono, seconded by Mr. Hintz, to waive the building permit fee for the Chatham Historical Society in the amount of $350.  Voted (6-0).

Town Manager Report
Update on Solar Panel Project for WPCA and Memorial School
The paperwork is close to being finalized for this project.

Fire Truck Purchase Status
The attorney’s are finalizing the contract for the fire truck.

EDC Report
EDC has been working hard on the tax deferral ordinance and will bring their work to the Council once complete.

Epoch Arts Grant for Roof
The final paperwork has been signed off for the grant.

Other
There is current legislation being discussed regarding moving inmates into neighborhoods without local input and off duty heart benefits for fire and police.  The Town Manager is requesting that the Council motion that the Town Manager write letters to our state senator against these two topics of legislation.

A  motion was made by Mr. Hintz, seconded by Mr. Pfaffenbach, that the Town Manager write a letter to our state senator against moving inmates into neighborhoods without local input.  Voted (6-0).

A motion was made by Mr. Hintz, seconded by Mr. Pfaffenbach, that the Town Manager write a letter to our state senator against police and fire receiving workers compensation benefits while not on duty.  Voted (6-0).

Liaison Reports
Mr. Hintz attended a recent Fire Commission meeting and noted his concern that the recording secretary was brought into Executive Session.  He spoke with the Freedom of Information commission who note that people should only be invited in to present evidence or testimony.  He requested that Mr. Dufour, Chairman of the Fire commission, provide information on whether she was giving evidence or testimony through the entire executive session.

An FOI workshop will be scheduled for all board and commission members.

Ms. Moore attended the Board of Education meeting.  They voted to move forward to hire an Interim Assistant Superintendent.

Board & Commission Liaison Reports
None

Appointments
Fire Commission
A motion was made by Mr. Dostaler, seconded by Ms. Moore, to appoint Stephen Palmer to the Fire Commission to fill the vacancy of a member that has resigned.  Voted (6-0).

Tax Refunds
A motion was made by Mr. Dostaler, seconded by Mr. Suprono, to approve tax refunds in the amount of $54.09.  Voted (6-0).  

Public Remarks
Mary Ann Dostaler, 56 William Drived, asked if a secondary motion would be made to put the edit and reformat of the Zoning regulations out to bid again.

Communications, Correspondence & Announcements
Mr. Maniscalco reminded the Council that the Memorial Day Parade is Monday, May 27th.  They should meet at the High School at 8:45 a.m.

A motion was made by Mr. Hintz, seconded by Mr. Dostaler, add agenda item 17b to give the Building Department the option to send the bid out again for the edit and reformat of the Zoning regulations or to do Tier 1 only this year and find funds in next year’s budget for the rest of the project.  Voted (6-0).

Adjournment
A motion was made by Mr. Hintz, seconded by Mr. Suprono, to adjourn the meeting at 8:20 p.m.

Respectfully submitted,


Cathy Sirois
Recording Secretary