East Hampton CT - 2007 Minutes - April through June

East Hampton Town Council Meeting Minutes

Tuesday, April 10, 2007

Eaton E. Smith Meeting Room - Town Hall

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

Also present was Town Manager Alan Bergren, members of various Boards and Commissions, members of the public and a member of the Press.

Call to order and Pledge of Allegiance

Chairperson Walck called the meeting to order at 6:30 p.m. All stood to recite the Pledge of Allegiance.

A motion was made by Ms. Engel, which was seconded by Mr. Devine, to move agenda item 14A, Consider, discuss and take possible action on formation of Redevelopment Agency by Ordinance, under 3C due to the fact that the audience included citizens that participated in the Public Hearing for same earlier this evening. All members in favor. So voted (7-0).

· Town Council Special Meeting – March 12, 2007: A motion was made by Ms. Engel, seconded by Mr. Berlin, to approve the minutes of the 3/12/2007 meeting as written. All members in favor. So voted. (7-0).

· Town Council Regular Meeting – March 27, 2007: A motion was made by Mr. Dostaler, seconded by Mr. Minnick, to approve the minutes of the 3/27/2007 meeting as written. So voted. (6-0-1, Mr. Berlin abstained due to his late arrival at that meeting).

Special presentations

A. John Tuttle - Board of Education Facilities Study: Mr. Tuttle distributed a Town of East Hampton-Building Project Timeline. He explained that this project timeline does not propose a new plan or facility, merely a timetable to avoid missing reimbursements from the state that are only disbursed in June of each year. If missed, a project could be delayed by another year. Mr. Tuttle stated that Friar Associates presented the Board Education with a review of the facilities study. He added that a schedule is necessary in order to be aware of dates for RFP’s, site analysis, meetings, referendums, etc. He reiterated that the timetable is only a template. Ms. Engel will bring funding reimbursement concerns to the Facilities Committee’s next meeting.

B. EDC/Brownfield’s Steering Committee, 13 Watrous Street: Mary Ann Dostaler, Chair of the Economic Development Commission, and David Terry, Chair of the Brownfield’s Sub-committee, presented a handout which explained the process and results of the East Hampton Village Center Brownfield’s Initiative.

C. Subcommittee Consultant Selection Process USEPA Cleanup Grant for 13 Watrous Street. Mr. Terry explained, in brief, that a request for qualifications for a consultant was posted on the DAS website. Statements of Qualifications were requested by 2/12/07. Ten (10) firms responded. Of the ten (10) firms, five (5) successfully met all the critical requirements and were selected for further processing. Each firm was scored and based on that scoring; three (3) firms were selected to a Conceptual Remediation Action Plan. The firms made presentations to the subcommittee and the subcommittee members completed evaluation forms. Each firm was solicited for rate schedules. All rate schedules were comparable; however, Tighe & Bond ranked the highest for recommendation; therefore, it was recommended by the Village Center Brownfield’ Subcommittee, that Tighe & Bond be hired as consultant for the implementation of the $200,000 EPA Brownfield’s Cleanup Grant for 13 Watrous Street. Mr. Terry added that requirements of the EPA grant are that the Town enters into a remediation program. Financial requirements of that program are a $1,500 filing fee for a Form 1 environmental site assessment and a $3,000 filing fee for conduct and submittal of environmental condition assessment form, as well as, a 20% in-kind cost share. Ms. Dostaler recommended that the Town Council add to tonight’s agenda consideration of same. Brian Conte and Fred Mueller, of Tighe & Bond, presented a power-point overview of their proposed phase III approach, conceptual remedial action plan, post remediation operations and maintenance and estimated grant allocations. At this time a motion was made by Mr. Johnson, seconded by Mr. Devine, to add under agenda item 13B, Consider, discuss and take possible action on approval of Tighe & Bond, specifically as consultant for the implementation of a $200,000 EPC Cleanup Grant for 13 Watrous Street. So voted. (7-0).

D. Consider, discuss and take possible action on a Re-development Agency Ordinance: Mr. Johnson began by explaining the importance of a re-development agency. He stated that this is the most institutionally flexible vehicle that the Town can adopt to engage in municipal development and redevelopment projects. He added that, for many years, the Town has talked about what steps to take in an effort to revitalize the Village Center. Mr. Johnson addressed concerns voiced at the public hearing. He explained that this agency is a critical layer, not an additional layer, needed to implement revitalization. It is an agency of the Town. As far as control is concerned, all projects would have to be approved by Planning & Zoning and perhaps the Housing Authority, depending on the project, as well as the Town Council and ultimately a public hearing. The town meeting would as always, approve appropriations in excess of $25,000. The Re-development Agency would have no independent eminent domain power. He continued that according to Connecticut General Statute 8-128, it is clear that a redevelopment agency may acquire property but only with approval of the legislative body, which is precisely the policy East Hampton currently has. Mr. Johnson added that on the first page of the Village Center Revitalization Assessment it confirms that we have not achieved our hopeful goals of revitalization. In the assessment report there are recommendations that were submitted as part of the Brownfield’s Assessment grant, to seek state assistance. Within the Connecticut Department of Community Development there is a mechanism whereby state assistance may be provided for projects related to redevelopment, job creation and related goals. Chapter 132, of the Connecticut General Statutes, allows municipalities to prepare a municipal development plan, which gives the ability to seek grants and funds through federal and state agencies. Mr. Johnson stated that this is not in opposition of water; water is clearly needed and the Town has been working on it. As for funding issues, Mr. Johnson has personally spoken to our State Representative with respect to utilizing state funds to begin this agency. Finally, discussions regarding a Re-development Agency, the statutes and proposed ordinance have been on the Town Council agenda at least three (3) times. It has been available for public comment and has been posted on the town website as well. With that being said, Mr. Johnson moved to adopt the formation of a Re-development Agency Ordinance as outlined. Mr. Minnick seconded the motion. Discussion followed. Mr. Dostaler commented that this agency could indeed revitalize the Village Center. Currently there is no mechanism for this and it desperately needs to be addressed. He added that there is over 50 years of contamination. Both water and redevelopment is needed. This agency could transform Brownfield areas and create a destination place for builders as well as offset taxes. Ms. Engel stated that the goal of this agency is probably well intentioned; however, it enables too much power and perhaps corruption. She recommended forming a sub-committee to give townspeople an opportunity to educate themselves in an effort to not feel threatened. She also commented on the fear of federal and state funding which usually comes with mandates that the town cannot fulfill down the road. She stated that members should not be appointed but elected. Ms. Engel was not comfortable and indicated that she is against this ordinance at this juncture. Mr. Johnson reiterated that this agency has no more authority than the Town Council. A Redevelopment Agency does not exceed any authority; it merely has the ability to come to this table with a plan for redevelopment. At that time, if passed by Planning & Zoning and Housing Authority it has to be approved by the Town Council. In his opinion, eminent domain is a non-issue as he explained earlier. The intent is not to alter property rights. The Council can turn down state and federal funds if they do not like the conditions. He added that currently, the Town Council makes very important appointments. This should be no exception. Mr. Johnson stated that there is no other agency or vehicle to do that we want to do. No other way to move forward. Planning & Zoning is not an implementing agency. With no further discussion, the motion carried (4-3, Yes votes: Mr. Johnson, Mr. Dostaler, Chairperson Walck and Mr. Minnick. No votes: Mr. Devine, Ms. Engel and Mr. Berlin).

At 7:39 pm Chairperson Walck called a five (5) minute recess.

The Town Council Regular Meeting resumed at 7:46 pm.

Communications and announcements

A. Water Workshop, April 25, 2007: Chairperson Walck read a notice into the record announcing and cordially inviting all to a water workshop on 4/25/2007 at 6:30-8:30 pm at the East Hampton Middle School Media Center.

B. Resignation letter of Peter Walsh - Middle Haddam Historic District Chairman: Chairperson Walck read a letter into the record from Mr. Peter Walsh in which he resigned as Chairman of the Middle Haddam Historic District Commission. (Resignation letter may be viewed in the Town Clerk's Office).

C. Communication from Town Manager regarding Council appointments: Chairperson Walck read into the record a letter, dated 3/16/2005, regarding Council Appointments.

D. Board of Finance Budget Deliberations - Chairperson Walck read a notice into the record announcing and cordially inviting all to Board of Finance Deliberations scheduled for April 11, 2007 at the Library Community Center.

E. Town Council Special Budget Meeting: Chairperson Walck announced and cordially invited all to a Town Council Special Meeting on the proposed budget on April 17, 2007 at 6:30 pm. Location will be announced at a later date.

Reports of Committees and Commissions

A. Inter-Board Liaisons

Ted Hintz, Chairman of the Board of Finance, announced that the BOF will vote upon the proposed budget at their meeting tomorrow evening. He will present the proposed budget to the Town Council at the special meeting next Tuesday, 4/17/2007.

Mr. Minnick began by addressing bullying behavior. He stated that he is a teacher and there is an act concerning bullying behavior in schools. State law mandates that every school have a zero tolerance policy for bullying. He read the definition of bullying. Mr. Minnick recommended applying the same standards for adults. He stated personally, he would not tolerate bullying behavior i.e. verbal, written or emails in a public or private arena. He added that if it comes to his attention, he would bring it before this Council and vote to have an individual removed for cause for bullying a fellow commissioner.

B. Sub-committee recommendations for appointments:

· Middle Haddam Historic District Commission: Mr. Minnick stated that there is currently a full member vacancy. Recently, the MHHDC voted unanimously to appoint Mr. Walsh, who is an alternate, as Chairman of the Commission. With Mr. Walsh’s resignation of chairman, this evening due to the legalities of concerns of an alternate member becoming chair, Mr. Minnick thought that it was apparent, obvious and appropriate and made a motion to appoint Mr. Walsh as a full member with an expiration date of 12/2011. Mr. Dostaler seconded the motion. Discussion followed regarding other interested candidates. (Mr. Peterson and Mr. Krupa). Mr. Minnick confirmed that Mr. Peterson was asked on several occasions if he was interested in reapplying. He did not submit a response. Mr. Krupa, who is currently an alternate, did not express interest in becoming a full member. With that knowledge, the motion carried (7-0).

· Board of Fire Commissioners: Mr. Minnick explained that this appointment is due to the unfortunate and abrupt resignation of Mr. Oaks. He added that he interviewed Mr. Rich Dufour on 4/4/2007. He stated that Mr. Dufour’s main focus of concern is communication between the Commissioners and the Department. Mr. Dufour has knowledge of public safety, is a 30 year resident of town, he is assertive, friendly and can interpret budgets due to his work experience. Mr. Minnick acknowledged that Mr. Gotta was also a good candidate; just different priorities. Mr. Goff was another strong candidate. Mr. Johnson stated that the current Chairman of the Commission articulated support and praise for the work and involvement that Mr. Gotta showed. There was also support from the public. Mr. Johnson explained that there is some concern from the public on the timeliness of appointments. He questioned if there was a need to make an appointment tonight, being that the Fire Commissioners do not meet until next month in an effort to re-interview Mr. Gotta. Mr. Dostaler stated that Mr. Gotta was interviewed in December 2006. Mr. Minnick added that priorities have not changed since that time. Mr. Dostaler explained that every application leads to an interview. He spends a minimum of ½ hour with each candidate, which includes completion of a questionnaire, discussion of town issues and commission priorities, duties and responsibilities. Appointments do take time. This town would not run without the volunteers appointed to these committees. They are very much appreciated. Board members are not entitled to serve on these committees with unlimited terms. He added that by bringing in new volunteers it gives all interested an opportunity to serve. At this time Mr. Minnick made a motion, which was seconded by Mr. Dostaler, to appoint Mr. Dufour to the Board of Fire Commissioners with a term expiration date of 12/2009. Motion carried (4-3, Yes votes: Mr. Berlin, Chairperson Walck, Mr. Dostaler and Mr. Minnick. No votes: Mr. Devine, Ms. Engel and Mr. Johnson).

· Lake Pocotopaug Committee: Mr. Dostaler stated that he interviewed Mr. James Smith with respect to the Lake Commission. Mr. Smith is a mechanical engineer and a resident of town since 1999. Mr. Dostaler found him to have people skills and dedication. With that being said, Mr. Dostaler made a motion that was seconded by Mr. Minnick to appoint James Smith to the Lake Pocotopaug Commission with and expiration term of 2008. So voted (7-0).

· Planning & Zoning Commission: Mr. Dostaler stated that he interviewed Doug Bonoff who is a land surveyor and environmental scientist. Mr. Dostaler made a motion, which was seconded by Mr. Minnick, to appoint Mr. Bonoff to the alternate seat on the Planning & Zoning Commission. The motion carried (5-2, Yes votes: Mr. Berlin, Mr. Dostaler, Chairperson Walck, Mr. Johnson and Mr. Minnick. No votes: Mr. Devine and Ms. Engel).

· Ethics Committee: Mr. Dostaler stated that he is waiting on the return of one more acknowledgment form. Appointments will be made in May. As directed, Mr. Bergren will contact the pending complainants to make them aware of this status.

· Technology Committee: Mr. Dostaler stated that interviews are being conducted and appointments will be made as soon as possible.

Report of Town Manager

A. WEO Status: Mr. Bergren read a WEO report that was submitted by James Carey, Administrator of Planning and Zoning & Building. The report covered activities at Skinner Street (cleanup); Sinco Place (alleged work affecting wetland); Christopher Brook (brown water in brook) and Skyline Estates (small discharge to brook).

B. Knowles Landing (2): Mr. Bergren read his report which touched on a proposed active adult community development off of South Main Street with a community water system. The developer will rename the development/street due to a potential confusion with Knowles Landing in Middle Haddam.

C. Lyman Viaduct Repairs: Mr. Bergren read his report, which explained that a field meeting was held on 3/27/07 with DEP. The swimming area at the bottom of the Viaduct, that people access by walking down the slope from the top causing erosion, is still trying to be resolved. A memo from Public Utilities Administrator Vincent Susco regarding same was also read.

D. Complete list of fees/fines: Mr. Bergren read his report, which explained that all fines are usually governed by state statute under which the particular local ordinance was adopted pursuant to state law. Included in this evening’s material was a memorandum and attachments in respect to all ordinances with fines and fees. Mr. Bergren will make a condensed master list for the Council. He did point out that the Health District is in the process of considering a district-wide housing code applicable to all five-member towns. He recommended no action or updates on the housing code fines or fees be considered at this time. Mr. Bergren also noted that the Police Chief submitted a revised memo on ordinances pertaining to his agency.

E. Status of 13 Watrous Street Eviction: Mr. Bergren read his report, which stated that the sub tenant has been evicted with the assistance of the state marshal. Some material, junk, scrap metal, etc., was left behind and will be disposed of appropriately.

F. Other: Mr. Bergren acknowledged the following reports/memorandums:

(1). Zoning Enforcement Officer activities for the month of March.

(2). An activity report from the Chief of Police for the month of March;

(3) memo explaining that the maximum capacity of the Eaton E. Smith Meeting Room has been reduced to 49 due to the temporary closure of the exit door, which is due to the retaining wall project. Mr. Bergren added that the project began today and is expected to be complete in 20 days barring any unforeseen issues.

Dave Terry, Chairman of the Brownfield’s Sub-committee, commented on the items left at 13 Watrous Street. He urged reviewing the existing lease. Federal funds could be jeopardized. Mr. Bergren will follow up on this matter with the town attorney.

Ted Hintz, Chairman of the Board of Finance, questioned appointment practices with respect to the MHHDC. He commented that the last appointment made was a candidate outside the membership. He also questioned if the alternate position will be filled. Mr. Minnick clarified that the best candidate is appointed and the alternate vacancy will be filled.

Hunt Voelker, member of the Fire Department, questioned the alleged lack of communication between the Commissioners and the Department. He also questioned why a letter that he previously read at a Council meeting was not included in those minutes.

Peter Walsh, of the MHHDC, read a letter in which he resigned from the full member status that he was appointed to earlier this evening. (His resignation letter may be viewed in the Town Clerk’s Office).

Margaret Faber, of the MHHDC, read a letter in which she resigned from the Middle Haddam Historic District Commission. (A copy of her letter may be viewed in the Town Clerk’s Office).

Angela Sarahina, of the MHHDC, began playing a cassette of the MHHDC 5/17/2006 meeting where Ms. Faber was elected vice chair/clerk. The consensus of the Council was to have the cassette transcribed and presented to the Town Council in that fashion. Ms. Sarahina submitted the actual cassette for review. It was also pointed out that a transcript of the official recording of the 5/17/2006 Middle Haddam Historic District Commission Regular Meeting is attached to Ms. Faber’s letter of resignation.

Mr. Newcafar, of Colchester Avenue, questioned what power the Redevelopment Agency will have with working with residents in respect to forcing EPA assessments on property owners. Mr. Johnson replied that he did not believe that the agency has that authority. The resident questioned if property owners will be held responsible if environmental tests prove positive. Mr. Johnson stated that property owners would be liable.

Kim Fontaine commented on the “Transfer Act” which absolves the selling party of any contaminates on property.

Mary Ann Dostaler, Chair of the Economic Development Commission, commended the Town Council in bringing forward redevelopment work.

Liaison & agency reports

· Mr. Devine: Nothing to report at this meeting.

· Ms. Engel: Nothing to report at this meeting.

· Mr. Berlin: Nothing to report at this meeting.

· Mr. Dostaler: Attended ZBA Meeting. He also attended a Board of Finance Meeting where there was discussion on the proposed budget.

· Chairperson Walck: Attended a Planning & Zoning Meeting.

· Mr. Johnson: Attended a Board of Fire Commissioners Meeting on 4/9/07 where there were discussions on the proposed budget impact, specifically capital items.

· Mr. Minnick: Reported that both the Parks & Recreation and Board of Education meetings were cancelled; therefore he had nothing to report at this meeting.

Bids and contracts None at this meeting.

Financial transactions None at this meeting.

Ms. Engel, seconded by Mr. Devine, made a motion, to approve tax refunds in the amount of $51.00 as recommended by the Collector of Revenue. All members in favor. So voted. (7-0).

A. Tax incentives for blighted properties: Chairperson Walck acknowledged information submitted by Mr. Ralph Nesci at the last meeting and instructed Mr. Bergren to follow up on same and to put on the next agenda. Mr. Johnson added that in connection with this, also work with the EDC chair, to see what other grants might be applicable.

B. Consider, discuss and take possible action on approval of Tighe & Bond, specifically as consultant for the implementation of a $200,000 EPC Cleanup Grant for 13 Watrous Street: A motion was made by Mr. Johnson, seconded by Mr. Devine, to appoint Tighe & Bond as consultants to the implementation of the $200,000 cleanup grant for 13 Watrous Street. All members in favor. So voted (7-0). Being that Dave Terry, Chairman of the Brownfield’s Sub-committee, had already left the meeting, the financial requests needed as part of the remediation program will be taken up at the Council Special Meeting on 4/17/2007.

Mr. Johnson requested that discussions on the ethics acknowledgement form (possible additions) be placed under “Old Business” on the next regular agenda.

A. Consider, discuss and take possible action on formation of Redevelopment Agency Ordinance: This item was previously moved and addressed earlier this evening.

· Ted Hintz, Chairman of the Board of Finance, requested an email be sent to him when the Brownfield’s remediation program financial obligations are approved.

· Mr. Johnson relayed concerns from the Board of Fire Commissioners regarding capital needs, in particular the suggestion of used vehicles as opposed to new.

· Hunt Voelker commented on the alleged lack of communication with the Fire Commissioner and the Fire Department. He added that all meetings are open to the public as well as all three (3) chiefs, two (2) captains and six (6) lieutenants. He did not understand where the lack of communication exists.

· Kim Fontaine respectfully requested that the Council review the current lease on 13 Watrous Street claiming there may be a cause to break the lease.

· Mr. Johnson requested an update on the status of the lease at the next meeting.

· Barbara Angelico voiced her concern over, in her opinion, the deplorable activities that occurred in Middle Haddam with respect to the Commission, the illegal votes and untrue allegations.

Reserved None at this meeting

There being no further business to discuss, a motion was made by Ms. Engel, seconded by Mr. Dostaler, to adjourn at 9:23 pm. So voted (7-0).

Respectfully submitted,

Lisa Seymour Recording secretary

Motion from the April 10, 2007 Regular Town Council Meeting:

1. Motion by Ms. Engel, seconded by Mr. Devine, to move item 14A, Consider, discuss and take possible action on formation of Redevelopment Agency Ordinance, under 3C due to the fact that the audience included citizens that participated in the Public Hearing for same earlier this evening. All members in favor. So voted (7-0).

2. Motion by Ms. Engel, seconded by Mr. Berlin, to approve the minutes of the 3/12/2007 meeting as written. All members in favor. So voted. (7-0).

3. Mr. Dostaler, seconded by Mr. Minnick, made a motion to approve the minutes of the 3/27/2007 meeting as written. So voted. (6-0-1, Mr. Berlin abstained due to his late arrival of that meeting).

4. Mr. Johnson moved to add to 13B, Consider, discuss, and take possible action of Tighe & Bond approved consultants and recommended by EDC. Seconded by Mr. Devine. Motion carried (7-0).

5. Motion made by Mr. Johnson, seconded by Mr. Minnick, to adopt an ordinance establishing a Redevelopment Agency. Motion carried. (4-3). Yes votes-Mr. Dostaler, Mr. Johnson, Chairperson Walck and Mr. Minnick. No votes-Mr. Devine, Ms. Engel and Mr. Berlin.

6. Motion made by Mr. Minnick, seconded by Mr. Dostaler, to appoint Peter Walsh to a full member of the Middle Haddam Historic District Commission. So voted. (7-0).

7. Motion made by Mr. Minnick, seconded by Mr. Berlin, to appoint Rich Dufour a member of Board of Fire Commissioners with an expiration date of 11/2009. Motion carried. (4-3). Yes votes: Mr. Minnick, Mr. Dostaler, Chairperson Walck and Mr. Berlin. No votes: Mr. Devine, Ms. Engel and Mr. Johnson.

8. Motion by Mr. Dostaler, seconded by Mr. Minnick, to appoint James Smith to Lake Commission with expiration date of 2008. So voted (7-0).

9. Motion by Mr. Dostaler, seconded by Mr. Minnick, to appoint Doug Bonoff as an alternate member of Planning & Zoning with a term expiration of 2010. Motion carried. (5-2). Yes votes: Mr. Minnick, Mr. Dostaler, Chairperson Walck and Mr. Berlin. No votes: Mr. Devine and Ms. Engel.

10. Motion made by Ms. Engel, seconded by Mr. Devine, to approve tax refunds in the amount of $51.00 as recommended by Tax Collector. So voted (7-0).

11. Motion made by Mr. Johnson, seconded by Mr. Devine, to approve Tighe & Bond as consultants for cleanup grant at 13 Watrous Street as recommended by EDC and Brownfield’s sub-committee. So voted (7-0).

12. Motion by Ms. Engel, seconded by Mr. Dostaler, to adjourn at 9:23 pm. So voted (7-0).

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East Hampton Town Council Special Meeting Minutes

Tuesday, April 17, 2007, 6:30 p.m.

Eaton E. Smith Meeting Room-Town Hall

Present: Chairperson Alison Walck, Vice Chair Derek Johnson and members William Devine, Robert Berlin, Kyle Dostaler and Scott Minnick. Melissa Engel was not present for she had a previous obligation. Also present were Town Manager Alan Bergren; Finance Director Jeff Jylkka; members of various boards and commissions; members of the public and a member of the press.

Chairperson Walck called the Special Meeting to order at 6:30 PM.

Consider, discuss and take possible action upon 2007-2008 recommended budget:

Chairman of the Board of Finance, Ted Hintz, presented the Council with the 2007-2008 recommended budget, in the amount of $35,154,502, as approved by the Board of Finance at their 4/11/2007 meeting. Mr. Hintz highlighted several areas of interest which were brought up at the Town Meeting. They included reductions in legal fees, the Economic Development Director position, police patrol and, animal control officer. The overall reductions from the Town Manager’s recommendation were $789,359.00, which was comprised of $300,000 from the Board of Education’s proposed budget and a total of $489,359 from the general government budget. Mr. Hintz explained that this budget represents a 5.21% increase over last year, which he and his Board thought was fair and equitable to all departments, as well as taxpayers. All Council members were in favor of forwarding this budget to the voters.

Mr. Dostaler thanked all involved in the budget process. He stated that the format and consistency was well done with easy to read narratives. He added that although he does not necessarily support the process by which the Board of Finance arrived at this budget, but believes that the Town Council needs to support it and forward it on to the taxpayers for this budget has already been cut back to a point where quality, efficiency and the capacity of the town to deliver essential services is on the edge. To reject it would only lead to additional cuts that would further compromise the ability of the town to meet their responsibilities to residents. He stated that a united front is also needed and communication a must.

Chairperson Walck acknowledged the difficult process that the Board of Finance endured. She commended them for their time and effort and agreed that this is a budget that the Town could live with and support.

In her absence, Ms. Engel submitted a letter which was read into the record by Mr. Johnson. The letter supported the recommended budget. It stated that she thought it was a fair compromise to the Town Manager’s proposed budget and the financial restraints of our community. She encouraged sending it to the voters.

Mr. Johnson echoed the comments before him. He stated that the budget recognizes our constraints and burden on our taxpayers and improves allocations for things that matter.

Mr. Minnick agreed that there is a compromise but thought that a lot has been removed. He voiced his concern over open space funding and the full time Economic Development Director. He added that this budget may address short term concerns; however, long term needs of this community have not been addressed. He did agree to forward the recommended budget to the voters.

At this time Mr. Minnick moved to accept the proposed fiscal year 2007-2008 budget as recommended by the Board of Finance. He amended his motion to include that it be sent to a town meeting on April 30, 2007. Mr. Berlin seconded the motion. All members present in favor. So voted (6-0).

Consider discuss and take possible action upon $200,000 EPA Cleanup Grant requirements, financial obligations appropriation: (1) $1,500 filing fee for a Form 1 environmental site assessment; (2) $3,000 filing fee for conduct and submittal of environmental condition assessment form; and (3) 20% in-kind cost sharing:

Mr. Bergren reported that at their regular meeting on 4/16/2007, the Board of Finance recommended the appropriation of the town’s 20% match toward the Brownfield’s cleanup grant. He also confirmed that the $1,500 filing fee for a Form 1 environmental site assessment and the $3,000 filing fee for conduct and submittal of an environmental condition assessment form can be included in the 20% match. Mr. Johnson moved to approve $40,000 which represents 20% of the $200,000 EPA Cleanup Grant requirements as approved by the Board of Finance and recommended by the Town Manager. The motion was seconded by Mr. Devine. All members present in favor. So voted. (6-0).

Volunteer Appreciation Week Proclamation

Chairperson Walck read into the record a proclamation recognizing and honoring all volunteers and proclaiming April 15 through April 21, 2007 as National Volunteer Week in East Hampton. It was the consensus of the Board to acknowledge and approve National Volunteer Week.

There being no further business to discuss, a motion was made by Mr. Devine, seconded by Mr. Berlin, to adjourn at 6:48 pm. All members in favor. (6-0).

Respectfully submitted,

Lisa Seymour Recording secretary

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East Hampton Town Council Special Meeting Minutes

Thursday, April 19, 2007, 6:30 p.m.

Library - Annex Room

AGENDA ITEM #1 - CALL TO ORDER

Town Council, Chairperson, Alison H. Walck called the meeting to order at 6:32 p.m. Other council members present were Vice Chairman Derek M. Johnson, Robert J. Berlin, Scott A. Minnick, and Kyle R. Dostaler.

Town Council members absent: Melissa H. Engel, and William G. Devine.

AGENDA ITEM #2 - PLANNED EXECUTIVE SESSION, COUNCIL CONFERENCE WITH ATTORNEY

Mr. Dostaler made a motion to enter into Executive Session with respect to Agenda Item 2 at 6:33 p.m. Mr. Berlin Seconded. So Voted 5-0.

The Council came out of Executive Session at 7:19 p.m.

AGENDA ITEM # 3 - ADJOURNMENT

The meeting adjourned at 7:20 p.m.

Minutes prepared from notes taken by Alison H. Walck, Chairperson, Town Council.

Respectfully submitted,

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

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East Hampton Public Hearing

Tuesday, April 24, 2007, 6 p.m.

Eaton E. Smith Meeting Room – Town Hall

Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Kyle Dostaler, Robert Berlin, Scott Minnick and William Devine (arrived at 6:12 p.m.). Absent member was Melissa Engel who had another obligation. Also present was Town Manager Alan Bergren and residents.

Chairman Walck stated that the purpose of the public hearing is to hear comments regarding the consideration of changes recommended by the Middle Haddam Historic District Commission to their ordinance draft. She added that due to the fact that there is a lot of information to review and commentary to be heard, this matter would be continued to the next scheduled Town Council meeting in May.

· Mr. Royster addressed the Council regarding several clarifications, errors and inconsistencies in the draft ordinance. Some were minor, such as grammatical, while others questioned consistency with respect to state statute. (Mr. Royster submitted his notes regarding his concerns).

· Mr. Breece stated that he was on the Commission in 1976 when the original ordinance was formulated. He explained that professionals did the inventory of significant historical buildings, which include approximately 60 dwellings. He was adamant about keeping the inventory list in the ordinance noting that it provides a certain amount of protection to homes that are on this list, as well as, listed on the state and national registries.

· Mr. Royster explained that the properties on the inventory list indicate the description on the architecture, the era and commentary if modified. Not listing may suggest that those are the only properties that count. Also, the intent is not meant to freeze or unable any modifications.

· Barbara Angelico commented that she owns two homes included in the inventory registry that are both listed incorrectly; therefore, she should not be held to the standards dictated.

· Mr. Breece stated that it would only a take meeting to correct errors on the inventory list.

· Mr. Faber suggested a middle of the road approach. Manage as an entity. Older buildings are more significant and should be acknowledged, recognized and celebrated as such.

The public hearing closed at 6:32 p.m.

By order of the Chair, with the consent of the Council, the Public Hearing is continued to the Council’s next meeting on May 8th.

Respectfully submitted,

Lisa Seymour Recording secretary

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East Hampton Town Council Meeting Minutes

Tuesday, April 24, 2007

Eaton E. Smith Meeting Room - Town Hall

Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members William Devine, Robert Berlin, Kyle Dostaler and Scott Minnick. Absent member was Melissa Engel, who had a prior obligation.

Also present was Town Manager Alan Bergren, members of various 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 to recite the Pledge of Allegiance.

Approval of the minutes

A. 4/10/2007 Regular Meeting: With a correction to the spelling of Dale and Linda Ursin’s last name, a motion was made by Mr. Devine, seconded by Mr. Berlin, to approve the minutes of the 4/10/2007 regular meeting as written. Motion carried. (5-0-1. Mr. Johnson abstained).

B. 4/17/2007 Special Meeting: A motion was made by Mr. Berlin, seconded by Mr. Devine, to approve the minutes of the 4/17/2007 special meeting as written. Motion carried. (5-0-1. Mr. Johnson abstained).

C. 4/19/2007 Special Meeting: A motion was made by Mr. Dostaler, seconded by Mr. Berlin, to approve the minutes of the 4/19/2007 special meeting as written. A short discussion ensued. Mr. Devine questioned the purpose of that meeting. He stated that all are aware that he is not available on Thursday’s, however, the meeting was held anyway. He requested information regarding the meeting at which time Mr. Dostaler reminded him that it was an executive session and no information was available and could not be discussed in a public forum. Chairperson Walck stated that she would update Mr. Devine after this meeting. With that being said the motion carried. (5-0-1. Mr. Devine abstained).

D. 1/10/2007 Town Council/WPCA Special Meeting, Water system workshop: A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to approve the minutes of the 1/10/2007 special meeting as written. Motion carried. (6-0).

E. 1/17/2007 Town Council/WPCA Special Meeting, Water system workshop: A motion was made by Mr. Johnson, seconded by Mr. Devine, to approve the minutes of the 1/17/2007 special meeting as written. Motion carried. (6-0).

F. 3/12/2007 Town Council/WPCA Special Meeting, Water system workshop: A motion was made by Mr. Johnson, seconded by Mr. Dostaler, to approve the minutes of the 3/12/2007 special meeting as written. Motion carried. (6-0).

Report of Town Manager

A. Security and status of 13 Watrous Street: Mr. Bergren read his report, which stated that an inspection of the property was performed today. The building is being kept locked and the tenant indicated that he intends to install fencing. The sub-tenant removed 90% of the materials; however, noted on the property is one 55 gallon saddle tank containing approximately 20 gallons of virgin diesel; one 5 gallon tank of mineral spirits; one 55 gallon drum containing approximately 50 gallons of oil; and one 250 gallon above ground storage tank containing approximately 100 gallons of oil. Samples were collected from the waste oil drum and the above ground storage tank. Partial results have been received and are waiting for the remaining results. The lease is being reviewed and legal counsel will present options.

B. List of fees/fines from all departments: Mr. Bergren pointed out that a draft master list of fees is included in this evening’s packet for review. He added that when complete the list will be kept in one location in an effort to keep track and review on a regular basis. Mr. Bergren further explained that the Council might adjust fees; however, fines tie into state statutes. Mr. Minnick requested a listing, if possible, of jurisdiction and a column for state and/or town mandated. Several members had questions on specific fees that will be looked into.

C. Annual report update: Mr. Bergren noted that the annual report is in the last stages of completion. When complete, it will be put online and copies will be printed and made available at town locations such as the Town Hall, libraries, senior center, etc.

D. Update on budget: Mr. Bergren read his report which explained that the town meeting to set the date for the budget referendum is 4/30/2007. The proposed referendum will be 5/8/2007. Signs will go up following the town meeting reminding voters of the referendum date.

E. Rocky Hill Business Grant: Mr. Bergren read his report in which he explained that Rocky Hill has a grant program for façade improvements along the Silas Deane Highway. It is funded by STEAP grants. Once the work is complete, the town rebates the grant amount. He added that Wethersfield has a similar program; however, it is loaned money.

F. Boards and Commission attendance: Mr. Bergren acknowledged an article regarding board attendance, which indicated that East Hampton had the best attendance record in the county. He added that this is reflective of our dedicated volunteers and the fact that East Hampton has an effective attendance policy currently in place.

G. Power outages: Mr. Bergren read his report, which outlined power outages during the storms earlier this month. 900 customers out of approximately 5800 were without power. He explained that CL&P has a tree-trimming program, which is probably what attributed to less outages than in the past.

H. Other: Mr. Bergren reported that items discussed at recent staff meetings include increase of employee health insurance premium shares over the next 5 years, an online book store through the Library, certification of treatment plant operators, tax collection rates, eviction numbers, and online auction site for municipalities and status of repairs at town hall. Mr. Bergren also pointed out that included in their packets is an expenditure and revenue report provided by the Finance Director.

Mr. Johnson questioned the mechanism currently in place making the town and its departments aware of available grants, loans, etc. Mr. Bergren explained that DEDC is the main point of contact for many targeted municipal grants. He reviewed a program currently in place, the Community Development Loan Program, which was set up in the 1970’s as a loan program, with low interest rates, to upgrade homes. It is a revolving program so that when funds are paid back, they are re-lent to other residents who qualify. It is based on need and income levels.

When eviction numbers were questioned, Mr. Bergren did not have the actual number; however, he confirmed that they are on the rise per his conversation with the Social Services Coordinator.

Mr. Devine expressed his concern over legal fees and expenditures of same.

Jane Christopher submitted a letter regarding the condition of Christopher Pond due to enormous amounts of muddy water that poured into it. It caused the pond to overflow its banks, flooding the small brook and flooding the property at 71 North Main Street, then continuing across to North Main Street and onto the lake. Mrs. Christopher also submitted photos of same. She asked that the source of mud and muddy water stop immediately. Mr. Berlin questioned who enforces the actions at developments. Mr. Bergren explained that the Wetlands Commission is the enforcement authority if the development is in a wetlands area such as this. He also stated the he witnessed a breach and brown water being released to the brook on Clark Hill. Mr. Berlin wants a more pro-active approach; not address the situation after the fact. Mr. Bergren explained that 3rd party reports and inspections are in place to monitor erosion control. The engineers and our limnologist were promptly notified, and are trying to determine what failed and why. Either faulty measures or the large of amount of rain exceeding the standards may be cited. Best management practices are required. They will be reviewed by ENSR. The engineers will have to determine if standards are up to par. Perhaps standards will have to change. The party was notified of the breach. Remediation activities may also have to be applied. The information and materials submitted this evening will be turned over to the wetlands commission.

Dave Krotky urged communicating the results of the above matter in an effort to educate residents.

John Ciriello reported that he also went out to inspect the situation. He stated that there should be regulations in place for cleanup issues such as this, especially in the watershed area. It could start with regulations and as a last resort implement fines.

Ted Hintz voiced his concern over the appointments process, specifically the Ethics Commission. He recommended re-opening the application process. He also stated that the executive session meeting should have been moved to another time being that all members could not be present.

Bunny Simko asked if there is currently a vacancy on the Housing Authority. Mr. Dostaler confirmed there was. She also questioned if a response to Dave Simko’s letter would be forthcoming. Chairperson Walck answered that the correspondence dated March 2005, read at the last Council meeting, was in response to Mr. Simko’s letter. A copy will be forwarded to Mrs. Simko.

Everett Breece commented on accumulated sand on Knowles Road and Shad Row in Middle Haddam. He asked Mr. Bergren to contact Public Works for removal.

Peter Brown questioned where the funds allocated for a study of the Middle Haddam School was coming from due to the fact that the Town does not own the structure. He also asked if there was a lease agreement in effect.

Special presentations None at this meeting.

Liaison & agency reports

Mr. Devine - Nothing to report at this meeting.

Mr. Berlin - Nothing to report at this meeting.

Mr. Dostaler: Reported that ZBA cancelled their meeting due to a lack of applications. He attended the Middle Haddam Historic District Commission meeting where they discussed concerns regarding the draft ordinance. He attended a seminar regarding email and Freedom of Information concerns and a Board of Finance Meeting on 4/16/2007.

Chairperson Walck - Nothing to report at this meeting.

Mr. Johnson read a letter into the record from the Chairman of the Board of Fire Commissioners regarding support for a 2007 FEMA grant. If awarded, a 5% cost share is required. ($3,500.00). Mr. Johnson moved to amend the agenda, to add under 13A, Consider, discuss and take possible action on support for a 2007 FEMA grant application as requested by the Fire Commission. Mr. Berlin seconded the motion. So voted. (6-0).

Mr. Minnick - Nothing to report at this meeting.

Reports of Committees & Commissions

A. Inter-Board Liaisons:

Ted Hintz, Chairman of the Board of Finance, reported that at their last meeting they discussed the grant cost share request from the Board of Fire Commissioners.

Mr. Johnson commented that there should be a way of knowing, for planning purposes, when grants with cost shares will be requested. Mr. Bergren offered to work on implementing a procedure that could assist in the planning of these kinds of funds for budgeting purposes, as well as in an effort to keep the Council apprised of what is anticipated down the road. Currently all grants come before him for his signature.

B. Appointments to Ethics Commission: Mr. Dostaler reviewed the Ethics Commission ordinance adopted in August 2006. He added that applications came in slowly. Ten (10) were received. Interviews conducted; however, two (2) withdrew for various reasons. The eight (8) remaining candidates have signed and returned the acknowledgment form. At this time the following actions were taken:

Mr. Dostaler moved to appoint LeRoy Lawson to a four (4) year term to the Ethics Commission. Motion seconded by Mr. Minnick. All members in favor. So voted. (6-0).

Mr. Dostaler moved to appoint James Scroggins to a four (4) year term, on the Ethics Commission. Motion seconded by Mr. Minnick. All members in favor. So voted. (6-0).

Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint Mary Carter to a two (2) year term to the Ethics Commission. All members in favor. So voted (6-0).

Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint Angela Sarahina to a two (2) year term to the Ethics Commission. Discussion followed. Mr. Johnson had a concern. He commented that Ms. Sarahina has been very active in town and politics, which he appreciated and encourages; however, all members on this commission must take a non-partisan and non-political position. Mr. Devine read a letter of opposition into the record. In his letter, which was attached to copies of letters that Ms. Sarahina had previously written to the Rivereast Newspaper, he stated that Ms. Sarahina has demonstrated biases, which would not qualify her for appointment to the Ethics Commission. Mr. Dostaler stated that during her interview, as well as all interviews, he specifically asks about recusals and conflicts of interest. In his opinion, Ms. Sarahina would recuse herself if necessary. The motion did not carry. 3-2-1. (Yes votes: Mr. Dostaler, Mr. Berlin and Mr. Minnick. No votes: Mr. Devine and Mr. Johnson. Abstentions: Chairperson Walck).

Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint David Gizewicz to a two (2) year term to the Ethics Commission. All members in favor. So voted. (6-0).

Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint Mila K. Smith to a two (2) year, alternate member, term to the Ethics Commission. Motion carried. (5-0-1. Mr. Berlin abstained).

Motion made by Mr. Dostaler, seconded by Mr. Minnick, to appoint John McBrearty to a two (2) year, alternate member, term to the Ethics Commission. All members in favor. So voted. (6-0).

Communications and announcements

A. Water workshop: Chairperson Walck announced and invited all to a water workshop on April 25, 2007 at 6:30 pm at the East Hampton Middle School Media Center.

B. Earth day: Chairperson Walck announced that Earth Day will be held on May 5, 2007 at Sears Park at 12:00 until 4:00 pm. Flyers will be distributed.

C. Referendum on budget: Mr. Bergren announced that the Town Meeting on the proposed budget referendum will be on April 30, 2007 at the High School at 7:00 pm. The proposed referendum date is Tuesday, May 8, 2007 at the High School from 6:00 am until 8:00 pm.

D. Old Home Day Press Release: Chairperson Walck read into the record a press release regarding Old Home Day parade. The theme for 2007 is “The Wild, Wild West”.