East Hampton CT - 2007 Minutes - January through March

East Hampton Town Council Special Meeting Minutes

Tuesday, January 9, 2007, 6 p.m.

Eaton E. Smith Meeting Room - Town Hall

AGENDA ITEM #1 - CALL TO ORDER

Chairperson, Alison H. Walck called the meeting to order at 6:04 p.m. Other members present were Vice Chairman Derek M. Johnson, Robert J. Berlin, Scott A. Minnick, Kyle R. Dostaler, Melissa H. Engel, and William G. Devine.

Others present: Town Manager, Alan H. Bergren, Attorney Jean M. D'Aquila and Attorney Michael A. Zizka.

AGENDA ITEM #2 - DISCUSSION OF PENDING LITIGATION, LEGAL COUNSELS PLANNED EXECUTIVE SESSION

Mr. Johnson made a motion to enter into Executive Session with respect to Agenda Item 2 to discuss pending litigation with legal counsels at 6:05 p.m. Mr. Dostaler Seconded. So Voted 7-0.

Town Manager, Alan H. Bergren and Legal Counsels joined the Town Council in Executive Session.

The Council came out of Executive Session at 6:33 p.m.

AGENDA ITEM # 3 - CONSIDER ANY ACTION RELATIVE TO PENDING LITIGATION

AGENDA ITEM # 4 - ADJOURNMENT

Mr. Johnson moved to adjourn the meeting at 6:33 pm. Ms. Engel seconded. The motion carried unanimously.

Minutes prepared from notes taken by Town Manager, Alan H. Bergren.

Respectfully submitted,

Karen S. Peterson, Temporary Recording Secretary

Acting Administrative Secretary to Town Manager, Alan H. Bergren

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East Hampton Town Council Meeting Minutes

Tuesday, January 9, 2007

Eaton E. Smith Meeting Room - Town Hall

Present: Council Chair Alison Walck and Vice Chair Derek Johnson and members William Devine, Melissa Engel, Robert Berlin, Kyle Dostaler and Scott Minnick.

Also present was Town Manager Alan H. Bergren; Superintendent of Public Works Robert Drewry; Public Utilities Administrator Vincent Susco; Wendy Regan, Youth & Family Services Director and Jane Leary, Social Services Coordinator; and many members of the public.

Call to order and Pledge of Allegiance: Chairperson Alison Walck called the meeting to order at 6:36 P.M. The Pledge of Allegiance was recited.

Approval of the minutes:

· 11/28/2006 Regular Meeting - A motion was made by Mr. Johnson, which was seconded by Ms. Engel, to approve the minutes of the 11/28/2006 meeting as written. So voted (7-0).

· 12/12/2006 Regular Meeting - A motion was made by Mr. Johnson, which was seconded by Mr. Dostaler, to approve the minutes of the 12/12/2006 meeting as written. So voted (5-0-2, both Mr. Devine and Mr. Berlin).

Special Presentations

A. Social Services needs, trends-update-Jane Leary and Wendy Regan explained that due to reductions in state funding, resources are severely limited. Resources affected include food, utilities, medical expenses and employment. Mrs. Leary stated that with that in mind, social services, which includes the food bank, is the primary lifeline to many residents. She went on to explain that transportation is limited and there is no affordable housing in town. East Hampton has approximately 7-10 homeless people. There is a 4-6 week wait for drug treatment, which is located in Middletown. Ms. Leary has operated on a $5,000 budget for the past 6 years. Without the assistance of the food bank, which is stocked by donations, including money, from town residents, assistance would be impossible. At Christmas time 82 families were furnished with food and gifts. Ms. Regan explained that her clients prefer to stay in town. The smaller town atmosphere makes them feel safe and we have good schools; however, the average rent is very high, transportation is a problem and the job base is almost non-existent. Mr. Bergren added that with the majority of state funding and grants being distributed to urban cities, both Ms. Leary and Ms. Regan have done an exceptional job. Their expertise and confidentiality provide citizens in dire situations, who do not fit into other categories, dignity and hope. Mr. Bergren will check with surrounding towns regarding annual budget lines.

Report of Town Manager

A. Status and update on 13 Watrous Street - Mr. Bergren stated that a court date, 1/19/2007, has been set for a hearing on the eviction of the sub-tenant. A response on compliance issues has not yet been received, although the deadline is later this month. The Zoning Enforcement Officer continues to monitor the site. Mr. Bergren added that the Town continues to pursue legal remedies through the Town Attorney consistent with applicable state and local laws.

B. Status of consent order - Mr. Bergren reported that a formal notice of extension of Consent Order was received from the Department of Health on 1/8/2007 in writing. A special workshop/meeting is scheduled for 1/10/2007 with the Council, WPCA and the engineers to discuss system improvements regarding the yield issue.

C. Annual report update - Mr. Bergren stated that reports covering 7/1/2005 through 6/30/2006 are due into his office by January 15, 2007. He will then review, edit and develop a format for assembly.

D. Fire rescue truck disposition status - Mr. Bergren explained that this vehicle would be put out to a formal bid process, which is an online government auction site with a minimum bid of $5,000. The Town Attorney has reviewed the process and given her approval. Digital pictures from the Fire Department have been requested. A press release will be issued when the vehicle goes online.

E. Main Street Bridge history - Mr. Bergren provided the Council with a report from the town engineer dated 1988, which recommends repairs on the Main Street Bridge, as well as other Town bridges. The 1988 report stated that immediate repairs were necessary. Mr. Drewry explained that due to costs, immediate repairs only included patching and sealing. He stated that the issue has been brought up during every budget year since; however, only temporary work has been done and it continues to deteriorate. He cautioned the Council that this is not the only bridge to be concerned with, but it is the #1 bridge because of its traffic volume, location and the type of bridge. It is critical for public safety. Many residents and school buses travel the bridge every day. Mr. Drewry added that the state does not inspect bridges fewer than 20 feet anymore. Mr. Minnick stated that the repairs fit under the town revitalization plan. He encouraged working with other committees as well, i.e. EDC and Brownfield’s. Mr. Drewry stated that the preliminary report would be presented to this board, as well as, any other necessary Boards. He added that other than the above-mentioned project, Lakeview Street sidewalks, Barton Hill Road, Old Marlborough Road, Lake Drive and the backside of Hog Hill Road need to be priorities. In the past, only $250-300,000 was budgeted for major improvements. Currently there are 3 miles of sidewalks that need to be re-built at a cost of approximately $800,000 and approximately $28,000,000 in major road improvements. Mr. Drewry explained that many towns bond for these kinds of improvements. He continued that with bonding, all residents would have a vested interest. All streets would be addressed at some point. Mr. Drewry will prepare a listing of needed improvements by priority.

F. Coordination of application process between Boards and Commissions - Mr. Bergren stated that at his next staff meeting he would be reviewing this process to determine what steps can be taken to enhance the flow of information between Boards and Commissions. He is currently developing a written protocol with respect to two agencies and with the start up of the Lake Commission and the soon to be established Design Review Board. He added that he would meet with staff first then approach Boards and Commissions.

G. Route 196/66 Water Issue - Mr. Bergren reported that at this construction site the contractor was ordered to cease pumping water accumulating on the site, which was possibly due to a high water table on the property, into the storm system by the Building Department. Department officials required that the contractor submit and engineering report, which was recently received, and another report is expected, to the Building Department for review by the department, the town engineer and by Dr. Wagner. When questioned, Mr. Bergren confirmed that the Building, Planning & Zoning Administrator, Jim Carey spoke to a member of the Lake Commission in an effort to keep them apprised of the situation.

H. Summit Street wells status - Mr. Bergren reported that 3 wells that were affected by pesticides are now supplied with water filters provided by the State Department of Environmental Protection. DEP is continuing to monitor the area. Also, wells at the day care center on Main Street and a property on Starr place recently tested negative according to the Chatham Health District. He is awaiting further updates.

Discussion on capital improvements ensued. Mr. Johnson recommended that all capital improvement projects be prioritized and outlined in a systematic way. Mr. Bergren explained that currently the Town has a 5 year plan which is updated annually. The plan has a tendency to shrink during budget preparation though. An alternative is bonding, which creates a long term financing plan over multi generations. Sometimes needs/costs are overwhelming to citizens. Mr. Johnson stated that he would like to see the plan before any adjustments/reductions are made.

· Sharon Kjellquist - Encouraged scheduling a Tri-Board Meeting soon. Also encouraged bonding.

· John Hines - Voiced his concerns on the 196/66 water issue stating that the town has already spent many dollars trying to preserve the lake and willful dumping should not be tolerated.

· Sue Hewes - Voiced noise level concerns. Angelico's Restaurant allows loud music and motorcycles and there is a loud vehicle on North Main Street and also loud boats on the lake.

· Irene Curtis - Also voiced concerns on the 196/66 water issues with respect to the possibility of any impact to wells across the street from the site.

Mr. Johnson requested Mr. Bergren to obtain a report from Jim Carey pertaining to the 196/66 water issue, (causes and/or ongoing issues) for the next meeting.

Liaison and Agency reports

Mr. Devine - Waiting for a call from a business owner to schedule a meeting regarding the blight ordinance.

Ms. Engel - Nothing to report at this time.

Mr. Berlin - Reported on the Firemen’s Awards Program in respect to increasing the bonus schedule. He also attended an EDC meeting on 12/19/2006 in which a zone change was proposed and discussion on Lot 33-West High Street. In addition, election of officers (EDC) will wait until the Commission has a full board. By-laws were adopted and he acknowledged the resignation of EDC member George Coshow and publicly thanked him for his years of service and professional input over the years.

Mr. Dostaler - Attended a ZBA meeting on 1/8/2007. Elections were put on hold. Attended a Lake Commission Meeting on 12/21/2006. Present was Dr. Richards.

Ms. Walck - Attended an Inland/Wetland Meeting on 12/20/2006. Many of the issues were continued. They did approve meeting dates for 2007. Also attended a P&Z Meeting where elections of officers were held.

Mr. Johnson - Also attended same P&Z Meeting where Reverend Harmon was elected Chairman and Peter Aarrestad was elected as vice Chairman. He also clarified that a workshop will be held on 1/19/2007, to discuss the Anti-blight Ordinance at Town Hall. The ordinance is currently in draft form on the web site. Mr. Bergren's office will notify the interested businesses.

Mr. Minnick - Nothing to report at this time.

Reports of Committees and Commissions:

A. Inter-Board Liaisons

· Maryann Dostaler - Stated the EDC has a desire to collaborate with P&Z with respect to updating zoning regulations. She also reported that EDC has funds to hire a consultant. A summary report from the Brownfield’s subcommittee is available on the web. It is a compilation of work done. There will also be a public forum on 1/25/2007 at the Community Center to present the findings and new efforts. Ms. Dostaler added that EDC has 2 vacancies and urged the Council to fill them as quickly as possible.

· Dave Simko - Briefly discussed the Firemen’s Award Program. Active volunteers are awarded a stipend annually if they successfully meet certain criteria. This award is put into a retirement-like account, which can only be accessed if a volunteer dies, becomes disabled or retires. When funds are withdrawn, the volunteer receives a W2 form. He explained that the Board of Fire Commissioners is the Administrators of the plan; however, they cannot approve increases. Approval is needed from the Town Council. The increases will not affect the 2006 calendar year. He requested approval of the increases. Mr. Simko also urged the Council to reappoint a member of the Board of Fire Commissioners who has already submitted an application for reappointment. He added that the member has been on the Board for 14 years and contributes much assistance to the Commission.

· John Ciriello - Commented that he visited the 196/66 site and witnessed a large areas of water. He reported that someone took pictures of the situation and the DEP was called. His concern was that the lake is already impaired and stressed that this is a very serious situation. Mr. Ciriello also reported on the condition of the lake on 1/1/2007. He encouraged people to come to the Lake Commission meetings and assist with preserving the lake. Mr. Ciriello stated that residents in the watershed are receiving a survey and all others will be surveyed thereafter.

· Mr. Dostaler - Appointments and Sub-committees: Mr. Dostaler reported on all Board and Commission vacancies. He added that 10 applications were received for the newly established Ethics Commission. Mr. Dostaler stated that no further applications will be accepted and interviews will proceed.

Communications and Announcements

A. View from the Chair - Chairperson Walck issued the following statement: “In light of the recent letter from Attorney Wisser dated 20 December 2006, I offer this response. As Chair, I have come to expect those in public service to be measured to higher standards, myself included. Tonight I am in an awkward position. I fell short of the higher standards by which we are measured. I doodled while attending an IWWCA meeting based on conversations I overheard. Simply put, I heard it and I drew what I heard. To the public and the members of the Town council and all concerned, I offer my apologies. These doodles reflect poorly on this institution and the example I wish to convey. These drawings do not reflect my views or personal beliefs and are not meant to denigrate any individuals. Neither do they reflect my state of mind as it has been mentioned. I look forward to the resolve in this matter in a civil and appropriate manner. Thank you.”

B. Brownfield's Initiative - Mr. Dostaler reported that there will be a Public Meeting on the Brownfield’s Initiative on January 25, 2007 at 6.45 p.m. at the East Hampton Public Library, Community Center. Mr. Dostaler also acknowledged Kim Fountaine and Peter Bergan for pursuing an agricultural grant for Mr. Bergan’s tree farm.

Bids and Contracts - None at this meeting.

Financial Transactions - None at this meeting.

Tax Refunds - A motion was made by Mr. Berlin, which was seconded by Ms. Engel, to approve the following tax refunds:

· Howard Behm, Jr. $22.68

· Daniel Dejesus 5.92

· Robin Donnelly 8.43

· Patricia Florek 18.30

· Allen Greco, Jr 13.02

· Constance Markham 137.07

· Kyle & Kimberly Paluska 2,490.32

· Volvo Finance 310.26

· Gregg Yeaton 119.10

All members in favor. So voted (7-0).

Resolutions / Ordinances / Proclamations

A. Bond resolution for $1,557,000 for Flanders Road Roadway Improvement Project: A motion was made by Ms. Engel, seconded by Mr. Berlin, to approve the following resolution:

RESOLVED, that the Town Council recommends that the Town of East Hampton appropriate $1,557,000 for costs with respect to the Flanders Road Roadway Improvements Project including but not limited to pavement surface, horizontal and vertical alignment, width adjustment, drainage and intersection improvements; and the Town issue bonds or notes and temporary notes in an amount not to exceed $1,557,000 to finance the appropriation. The appropriation may be spent for design, construction, acquisition and installation costs, engineering fees and administrative costs, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project, including but not limited to costs of related land or easement acquisition, catch basin, drainage pipe, metal beam guide rail, curbing and driveway installation, utility relocation, tree removal and landscaping, and traffic control.

FURTHER RESOLVED, that the Town Council hereby authorizes the Chairman of the Town Council to call a Special Town meeting to be held January 29, 2007 at the East Hampton High School in East Hampton, at 7:00 P.M., to act upon the foregoing recommendations. All members in favor. So voted (7-0).

B. Bond resolution for $1,020,000 for Main Street Bridge Replacement Project: A motion was made by Ms. Engel, which was seconded by Mr. Devine, to approve the following resolution:

RESOLVED, that the Town Council recommends that the Town of East Hampton appropriate $1,020,000 for costs with respect to the Main Street Bridge Replacement Project including related sidewalk, drainage, curbing and pavement improvements; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $1,020,000 to finance the appropriation. The appropriation may be spent for design, construction, acquisition and installation costs, engineering fees and administrative costs, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project, including but not limited to traffic control. The Town anticipates applying for a grant from the State of Connecticut pursuant to the Local Bridge Program (Chapter 240, Part IIb of the General Statutes of Connecticut, Revision of 1958, as amended) to defray in part the appropriation for the project. The amount of bonds or notes authorized for the project shall be reduced by the amount of grants received by the Town for project and applied to defray the project appropriation.

FURTHER RESOLVED, that the Town Council hereby authorize the Chairman of the Town Council to call a Special Town Meeting to be held on January 29, 2007, at the East Hampton High School in East Hampton, at 7:00 p.m., to act upon the foregoing recommendations. All members in favor. So voted (7-0). C. Resolution honoring Joyce Bodozian Krauth, Executive Secretary to the Town Manager and Town Council on her retirement. Ms. Engel read into the record a resolution honoring Mrs. Krauth and acknowledging her retirement. A motion was made by Ms. Engel, and seconded by Mr. Berlin, to accept the resolution. So voted 7-0. Mr. Bergren will present the resolution to Mrs. Krauth at her retirement dinner on 1/25/2007.

A. Draft 2007-2008 budget policy statement: Mr. Dostaler distributed to the public a condensed version of the policy statement and a more thorough version to the Council, Finance Director and Chairman of the Board of Finance. (The entire draft budget policy statement may be viewed on the town’s website). Mr. Dostaler read the first 3 pages, which indicated how the Town could approach fiscal responsibility, identify its needs and prioritize. In order to give the members adequate time to read and comprehend the report, discussion was continued until the next meeting.

B. Consider, discuss and take possible action on the Streetscape Steering Committee: Chairperson Walck read the Ad Hoc Streetscape Steering Committee resolution into the record. Mr. Berlin, seconded by Mr. Devine, made a motion to approve the resolution as written. A brief discussion continued. Mr. Johnson recommended that the Committee consist of 5 members as opposed to 7 as written in the resolution. At this time Mr. Berlin rescinded his previous motion. Mr. Berlin then made a motion, which was seconded by Mr. Devine, to approve the resolution as written with an exception that reads “the Town Council hereby creates a Streetscape Steering Committee consisting of five (5) members”. So voted 7-0. (A copy of the resolution will be available in the Town Manager’s Office).

C. Adopt regular meeting dates: A motion was made by Ms. Engel, seconded by Chairperson Walck, to approve regular meeting dates as written. So voted 7-0. (A schedule may be obtained in the Town Clerk’s Office).

A. Birmingham Utilities (Spice Hill) well site/ESA: Vincent Susco was present to discuss the possibility of a Hold Harmless Water Testing Agreement between the Town and Birmingham Utilities. The agreement would allow Birmingham Utilities to search for future water sources, on portions of the High School properties, as demonstrated on a map, for a period of one year in exchange for boundary adjustments within the Town’s Exclusive Service Area. There would be no cost to the Town for any tests. Many questions followed. Mr. Susco stated that if water sources were found, the town would provide a permanent sanitary easement for Birmingham Utilities; however, chances are that none would be found. He stated that if there were any inclination that there were significant amounts of groundwater, the Town would have pursued it. He explained that if water is found, ball fields will not be disturbed and a small pump house would need to be built within a 75-foot radius. He has already spoken to all departments involved. The agreement has been reviewed by the Town Attorney and Birmingham Utilities has made all of the changes required. Mr. Susco indicated that the Town Attorney has advised that the agreement will not have to go to a Town Meeting due to the fact that it is not a monetary transfer. Mr. Bergren added that the charter applies to sale or purchase, not easements. Mr. Susco responded to numerous questions. It was the consensus of the Council to request that Mr. Susco coordinate a presentation of maps and the proposed transaction with EDC and the Facilities Committee with ESA rights and report back to the Town Council a history of what has occurred up until this point and continue at the next meeting. Mr. Minnick requested the information prior to the next meeting for review.

· Hunt Voelker - Concerned with the search for future water sources by Birmingham Utilities.

· John Hines - Concerned with the search for future water sources by Birmingham utilities.

· Dave Simko - Stated that perhaps the land in question could be a water source for Village Center. Also questioned why the Facilities Committee was not included. And commented on capital improvement fund

· Maryann Dostaler - Thanked the Council for the Streetscape Steering Committee Resolution. She reported that they have met with a consultant and have future meeting dates planned. She urged the Town Council to appoint the 5 members of the Committee immediately. Ms. Dostaler suggested a public hearing on the ESA land issue and questioned if fines were imposed on the contractors in the 196/66 water issue.

· Doug Mackeown - Read a letter commenting on the Town Council’s actions at their 12/12/2006, meeting where they enacted a change to the Middle Haddam Historic District Ordinance.

· Lance Johnson - Concerned with the search for future water sources by Birmingham Utilities.

· Rick Walsh - Concerned with the search for future water sources by Birmingham Utilities. The quality of water may be a liability.

· Irene Curtis - Concerned with the search for future water sources by Birmingham Utilities.

· Reverend Harmon - Concerned with the search for future water sources by Birmingham Utilities.

Adjournment: There being no further business to discuss, a motion was made by Mr. Dostaler, seconded by Mr. Minnick, to adjourn at 9:22 P.M. So voted 7-0.

Respectfully submitted,

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East Hampton Town Council/WPCA Workshop Special Meeting

Wednesday, January 10, 2007, 6:30 p.m.

Middle School Media Center

AGENDA ITEM #1 - CALL TO ORDER

Town Council Chairperson, Alison H. Walck called the Workshop-Special Meeting to order at 6:42 pm. Other Town Council members present were: Vice Chairman Derek M. Johnson, Kyle R. Dostaler, Scott A. Minnick, Melissa H. Engel, and William G. Devine. Town Council member Robert Berlin could not attend due to a prior commitment.

Also present were: Town Manager, Alan H. Bergren; WPCA members Mark Barmasse and John Hanson; Water Task Force Chairman, Robert Heidel; EDC member, Jack Hesen; Board of Finance Chairman, Theodore W. Hintz, Jr.; Lake Pocotopaug Commission Vice-chair, John L. Ciriello; Public Utilities Administrator, Vincent F. Susco, Jr.; Maguire Group representatives, Robert Tedeschi, Sebastian Amenta and Mark Kupchek; and Town of East Hampton citizens Edward Jackowitz and John Hines.

AGENDA ITEM #2 - WORKSHOP WITH TOWN COUNCIL/WPCA AND MAGUIRE GROUP ON WATER SYSTEM AND CONSENT ORDER OPTIONS

Chairperson Walck introduced the Maguire Group representatives who then proceeded to make a Power Point presentation (copy of which is attached and made part of these minutes). A general discussion ensued which encompassed covering various scenarios and options with regard to a public water supply to address the Consent Order and the Village Center and environs. A number of questions were posed and answered.

AGENDA ITEM # 3 - CONSIDER, DISCUSS AND TAKE POSSIBLE ACTION UPON ANY RECOMMENDATION(S) FROM THE WORKSHOP

It was the consensus of the officials in attendance that a follow-up workshop will take place on the 17th of January at 6:30 p.m. to revisit this topic and to explore several new options that were discussed in Item # 2.

AGENDA ITEM # 4 - ADJOURNMENT

Town Council Chairperson, Alison H. Walck adjourned the Workshop-Special Meeting at 8:15 p. m.

Minutes prepared from notes taken by Town Manager, Alan H. Bergren.

Respectfully submitted,

Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren

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East Hampton Town Council/WPCA Workshop Special Meeting

Wednesday, January 17, 2007, 6:30 p.m.

Middle School Media Center

AGENDA ITEM #1 - CALL TO ORDER Town Council Chairperson, Alison H. Walck called the Workshop-Special Meeting to order at pm. Other Town Council members present were: Vice Chairman Derek M. Johnson, Robert Berlin, Kyle R. Dostaler, Scott A. Minnick, Melissa H. Engel, and William G. Devine.

AGENDA ITEM #2 - WORKSHOP WITH TOWN COUNCIL/WPCA AND MAGUIRE GROUP ON WATER SYSTEM AND CONSENT ORDER OPTIONS

Discussion was held regarding various options.

AGENDA ITEM # 3 - CONSIDER, DISCUSS AND TAKE POSSIBLE ACTION UPON ANY RECOMMENDATION(S) FROM THE WORKSHOP

No action was taken, and a further meeting was planned.

AGENDA ITEM # 4 - ADJOURNMENT

Town Council Chairperson, Alison H. Walck adjourned the Workshop-Special Meeting at 7:58 p. m.

Minutes prepared from notes taken by Town Manager, Alan H. Bergren.

Respectfully submitted,

Karen S. Peterson, Temporary Recording Secretary Acting Administrative Secretary to Town Manager, Alan H. Bergren

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East Hampton Town Council Sub-Committee Meeting

Tuesday, January 23, 2007, 6 p.m.

Eaton E. Smith Meeting Room - Town Hall

Present: Chairperson Alison Walck and Sub-committee members Robert Berlin and William Devine. Others present were Town Manager Alan Bergren and several members of the public.

Call to order: Chairperson Walck called the meeting to order at 6:08 pm.

Middle Haddam Historic District Commission review findings:

Chairperson Walck clarified that the purpose of this meeting is to review procedural matters only; not personalities. Prior to this meeting, members of the sub-committee listened to several tapes from meetings of the Middle Haddam Historic District Commission. Both Mr. Devine and Mr. Berlin were in agreement that the Middle Haddam Historic District Commission should in fact update their by-laws to include adopting and adhering to Roberts Rules of Order, as do all other Boards & Commissions. Chairperson Walck reviewed the current procedures in place as followed by the Middle Haddam Historic District Commission. The sub-committee went through several applications for procedural consistency and found that not all applications adhered to the same rules and regulations. She pointed out that steps were omitted, inconsistencies were apparent and the application procedure appeared to be too casual. There were at least 3 applications where work was completed prior to meetings or public hearings, cases where the agenda was not adhered to or amended and there was also no tape recording for one meeting held in October 2006. She reported that it became apparent at the November 2006 Middle Haddam Historic Commission Meeting that Roberts Rules of Order was not enforced. Chairperson Walck stated that the Town Council has a responsibility to ensure that all Town Boards and Committees act appropriately and accountably in conducting public business. Chairperson Walck also stated that this inquiry had nothing to do with finding fault with any specific member of the Commission. She also reiterated that this review is not of a personal nature but strictly a review of procedural issues.

Adjournment: With no further business to discuss, a motion was made by Mr. Devine, which was seconded by Mr. Berlin, to adjourn at 6:28 p.m. So voted 3-0.

Respectfully submitted,

Lisa Seymour Recording Secretary

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East Hampton Town Council Meeting Minutes

Tuesday, January 23, 2007

Eaton E. Smith Meeting Room - Town Hall

Present: Chairperson Alison Walck, Vice Chairman Derek Johnson (arrived at 6:38 pm) and members William Devine, Melissa Engel, Robert Berlin Kyle Dostaler (arrived at 6:37 pm) and Scott Minnick (arrived at 6:37 pm). Also present was Town Manager Alan Bergren, Attorney Janet Brooks of D’Aquila and Brooks, representatives of the Maguire Group; members of Boards and Commissions, members of the public and a member of the press.

Call to order & Pledge of Allegiance Chairperson Walck called the meeting to order at 6:33 pm. All stood and recited the Pledge of Allegiance.

Approval of the minutes

· January 9, 2007 Special Meeting-A motion was made by Mr. Berlin, which was seconded by Ms. Engel, to approve the minutes of the 1/9/2007 Special Meeting as written. All members present in favor. So voted (4-0).

· January 9, 2007 Regular Meeting-A motion was made by Ms. Engel, which was seconded by Mr. Berlin, to approve the minutes of the 1/9/2007 Regular Meeting as written. All members present in favor. So voted (4-0).

Special Presentations

A. Attorney Brooks – Avalon Bay Case.

Attorney Janet Brooks presented to the Town Council an overview of the Connecticut Supreme Court’s decision in AvalonBay Communities, Inc. v. Zoning Commission. (A summary of the facts, the Connecticut Environmental Protection Act, general statutes and actions in this matter are attached as part of these minutes). There was a brief discussion as to who requested and/or authorized this presentation and payment for same. Mr. Johnson stated that he requested that Attorney Brooks, who is an expert in environmental matters, attend this meeting to update the Council on intervening rights in connection with any land use matters.

Report of Town Manager

A. Status & Update on 13 Watrous Street:

Mr. Bergren reported that a motion for judgment by stipulation was issued to the tenant, who defended himself in court, on 1/16/2007. Items in the stipulation order included the defendant vacate the property by noon on 2/16/2007; the defendant to leave the premises in a safe condition and remove all belongings, including equipment, vehicles, parts, machinery and personal effects, including both the interior and exterior; not move into the premises any additional equipment, vehicles, personal effects, etc.; and he has to deliver a written confirmation detailing the type and amount of each item of waste that he and/or his agents, partners, etc. have generated on the premises together with a description of how each item has been disposed of and where. Also a written confirmation that all gas tanks, gasoline cans and other storage containers on the premises are empty with the exception that the defendant shall describe any container that pre-existed his occupancy of the premises. A copy of the entire motion for judgment by stipulation may be viewed in the Town Manager’s Office. Mr. Bergren noted that non-compliance with respect to the clean up would be a violation of a court order and be subject to contempt of court. A response from the tenant regarding the letter sent from the Town Attorney regarding lease compliance issues has not been received to date and the deadline has passed.

B. Status of consent order:

Mr. Bergren read his report, which recommends that the Council request an extension to respond to the yield question. At a recent workshop, a question or suggestion was to explore a parcel of land behind and to the west of Main Street, south of Route 16 and north of Niles Street. With too many unanswered questions regarding contamination and yield of this property, as well as additional research needed on the Cobalt site, the March 1st deadline for the plans and specifications cannot be attained. At Mr. Bergren’s recommendation, a motion was made by Mr. Johnson, seconded by Mr. Dostaler, to amend tonight’s agenda, to add 14C-Consider, discuss and take possible action on the consent order. So voted (7-0).

C. Annual Town Report Update:

Mr. Bergren stated that department/agency reports were due by 1/15/2007. He is in the process of checking to see if all reports have been received and what staff is available to assist him with this project.

D. Report and Status on engineering report from 196/66 Belltown Square:

Mr. Bergren reported that the recent engineering reports have been forwarded to the Inland/Wetlands Commission. He has discussed with the Chairman the discharge incident. Copies have been forwarded to the Lake Commission, the town engineer as well as Dr. Wagner. Both the Lake Commission and the Inland/Wetlands Commission is expected to cover this issue at their meetings.

E. Coordination of application process between Boards and Commissions:

Mr. Bergren reported that due to staff availability he has not had the opportunity to complete the development of a written protocol with respect to what steps can be taken to enhance the flow of information between Boards and Commissions. He will also review what similar sized towns have done and plans to discuss this process with the Chairs of all land use boards.

F. Status of East Hampton Fire Department Rewards Bonus Program:

Mr. Bergren reported that copies of the “Trust Agreement” would be distributed to the Council in an effort to make them aware of their duties and responsibilities of this program. He added that this program was set up some time ago as a modest retirement like stipend earned by volunteers who adequately meet the qualifications set forth. Officers are entitled to bonuses as well for their extra duties and responsibilities. Mr. Bergren will review the plan with the Finance Director and the Chairman of the Fire Commission. He recommended adding this item to the next agenda.

G. Annual Cost Meeting:

State Legislative Update - Mr. Bergren reported that leadership of both the House and Senate were present at the meeting to discuss the upcoming legislative session. He added that from their observations, it appears that there will be efforts to enhance the education cost sharing grant, enhance the special education grant, maintain the local conveyance tax, and improve the town aid road program. Mr. Bergren explained that the town aid road program is revenue based on population and road mileage. East Hampton currently receives approximately $100,000.

Mr. Bergren read his report that stated that copies of the annual audit have been distributed to all Council members. The Town ended the fiscal year with a positive fund balance. Revenues exceeded expenditures and the Town continues on sound financial footing. A six-month expenditure and revenue report was also distributed and it appears that most accounts are on target for expenditures. He also reported that expenditures in the legal account appear to be running above other accounts. It also appears that revenues in the Building Department and the Town Clerk’s Office are slowing down. Mr. Johnson requested an evaluation from the Finance Department in respect to revenue effects on the budget in late February.

Mr. Bergren also noted that the Police Department’s monthly activity report for December 2006 was included in each folder this evening.

· Charles Harmon noted that Attorney Brooks gave the impression that the Town Council could intervene in any action of Planning & Zoning when in fact it is only the judicial review of Planning & Zoning decisions. He also requested that a courtesy call be made in the future when presentations pertaining to Planning & Zoning are held.

· Mark Barmasse stated that an extension on the consent order was definitely necessary. He added that the request would need to show progress and commitment. He also encouraged working with paid professional staff to frame this request and include a referendum schedule and reports from the professionals. Mr. Barmasse questioned the worth of the Niles Street exploration.

· Ed Jackowitz explained the differences between rock well verses gravel pack well. He noted that it is conceivable that Niles Street, if not contaminated now, may be contaminated down the road. Encouraged Cobalt site.

· Irene Curtis commented on Portland being serviced by MDC. Derek Johnson clarified that it has been explored and evaluated. Expense and quantity were issues and found not beneficial for East Hampton. Mr. Barmasse added that there was also a permitting issue.

Liaison & Agency Reports

• Mr. Devine stated that there were several local business owners present to comment on the draft anti blight ordinance. Mr. Johnson recommended that a workshop should be scheduled for that purpose and the draft ordinance be re-circulated. All interested will be notified by the Town Manager’s Office when scheduled.

• Ms. Engel stated that she attended the COST Meeting with Mr. Bergren. Funding did sound optimistic.

• Mr. Berlin - No report at this time

• Mr. Dostaler stated that he attended the Board of Finance Meeting where they discussed the audit report.

• Chairperson Walck reported on a Conservation Commission Meeting on 1/11/2007 where they reviewed Hampton Woods Development and Skyline Phase 2. Favorable comment on both.

• Mr. Johnson - No report at this time.

• Mr. Minnick reported that he attended the Board of Education Meeting where Mr. Reich presented the first draft of the Board of Education budget for fiscal year 2007-08. (Not approved at this point). An 8.3% increase primarily represents additional staffing (9.6 positions). Copies of the proposed budget will be distributed to all Council members. Mr. Minnick also informed the Council that the entire Board of Education was not aware of the Birmingham Utilities (Spice Hill) well site/ESA issue. He requested an advisory opinion, from the Board of Education, after their presentation on same.

Reports of Committees & Commissions

A. Inter-Board Liaisons

• Ted Hintz, Chairman of the Board of Finance, reported that covered in the auditors report is concern over technology issues, including disaster recovery and security. He questioned the status of the $115,000 allocated several months ago for a technology sub-committee. Creation of a resolution will be put on next month’s agenda. Mr. Minnick added that Mr. Reich recommended utilizing $75-80,000 of those funds for staff.

• Maryann Dostaler, Chairperson of the Economic Development Commission, reported that EDC adopted their bylaws at their December 2006 meeting. One requirement is a calendar year report of accomplishments and activities, which she submitted. Mrs. Dostaler reported on the STEAP grant and questioned the status of Brownfield’s RFQ, Request for Qualifications. Mr. Bergren responded that he has reviewed the RFQ and is now waiting for comment from the Finance Director. Mr. Bergren will keep her apprised.

• Matthew Walton, of the Fire Commission, thanked Mr. Bergren for his efforts in expediting the process regarding the increases to the Awards Program. He urged the Council to address this issue at their next meeting, as the Fire Commission also has to address the issue before the end of February.

• Irene Curtis, of the Lake Pocotopaug Commission, reported that the next Lake Pocotopaug Commission meeting is scheduled on 1/30/2007. She encouraged all to attend.

B. Re-appointments Mr. Johnson, seconded by Mr. Dostaler, made a motion to amend 7B to include Appointments and Re-appointments. So voted. (7-0)

· Middle Haddam Historic District Commission: A motion was made by Mr. Dostaler, which was seconded by Mr. Minnick, to re-appoint Peter Walsh and Richard Walsh as alternates and Ned Costello as a full member. So voted. (7-0).

· Inland/Wetlands Commission: A motion was made by Mr. Dostaler, which was seconded by Mr. Berlin, to appoint Maureen Heidtmann at an alternate. So voted. (7-0).

· Planning & Zoning Commission: A motion was made by Mr. Dostaler, which was seconded by Mr. Minnick, to re-appoint James Sennett as a full member and Beverly Warga as an alternate. So voted. (5-2, no votes were Mr. Devine and Ms. Engel).

· Planning & Zoning Commission: A motion was made by Mr. Dostaler, which was seconded by Mr. Minnick, to re-appoint Roy Gauthier, but to elevate from an alternate member to a full member. So voted. (7-0)

· Streetscape Steering Committee: A motion was made by Mr. Dostaler, which was seconded by Mr. Minnick to appoint Kevin Burnham, Elizabeth Harris, Sue Weintraub, Ralph Stockel and Sue Puzzo. So voted. (7-0). This committee will report to the Economic Development Committee and serve as an advisory resource to the Committee.

· Fire Commission: A motion was made by Mr. Minnick, which was seconded by Mr. Devine, to appoint Russell Oakes. So voted. (7-0).

· Economic Development Commission: A motion was made by Mr. Minnick, and seconded by Mr. Berlin, to re appoint Mary Ann Dostaler and Cindy Rooth. So voted. (6-0, Mr. Dostaler recused himself from this vote).

· Economic Development Commission: A motion was made by Mr. Minnick, and seconded by Mr. Berlin, to appoint Patience Anderson to the Economic Development Commission. So voted (7-0).

C. MHHD Sub-Committee Report

Chairperson Walck explained that after careful review and research and in an effort to eliminate some of the problems exposed during the Sub-Committee review, the following are recommendations to the Middle Haddam Historic District Committee:

1. Draft and adopt bylaws;

2. Revise and update ordinances to reflect the Middle Haddam Historic District Commissions mission and purpose and consider appropriate modifications if needed and address all mapping and boundary issues;

3. In order to streamline and institutionalize the application process, consider filing the applications with the Building Department. This would make public documents more available to the public and also allow all interested persons the ability to access them with set business hours, which would allow the process to become more open and transparent; and,

4. Update the procedural guidelines for the application process to reflect these changes, as well as other procedural matters pertaining to the Commission that has been adopted.

At this time a motion was made by Mr. Johnson, which was seconded by Mr. Devine, to amend the agenda to add, under 14D, “Consider, discuss, and take possible action on the sub-committee report regarding the Middle Haddam Historic District Commissions findings. So voted (7-0).