East Hampton CT - 2007 Minutes - July through September

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Town Council Chairperson Alison Walck called the meeting to order at 4:38 p.m. Other council members present were Vice Chairman Derek Johnson, Scott Minnick, Kyle Dostaler, Robert Berlin, William Devine and Melissa Engel. Also present were Town Manager Alan Bergren, Finance Director Jeffery Jylkka, Public Utilities Administrator Vincent Susco, several Board and Commission members and citizens.

Mr. Dostaler began the discussion by thanking the Water Task Force, town staff and the commissions for getting back to the Town Council with their opinions on the water system. He made the following comments: "As a community, we need to undertake a project of this scope in a way that is financially responsible and allows the Town the capacity to continue its other essential service responsibilities.

The system that I support is 4.2. It is self-supporting and is the largest system the Town can responsibly afford to under take while continuing to support its other obligations. I believe that it would be irresponsible to burden the tax payers of East Hampton with a 51 million dollar water system. Further, the 4.2 water system is the first step towards what could become a larger system. The 4.2 water system is the backbone, providing the start up infrastructure and capital investment for whatever the Town may later decide to do – and that is to either maintain the system’s Phase I size, or, eventually, and as financial constraints allow, for the Town to enlarge the overall size of the system.

It is vitally important that we, as a Town Council, in making this critically important decision, do not over reach or over extend the Town’s limited financial resources. This Town does not need a big dig, and I believe that the 51 million dollar system is a giant step that commits the Town to an obligation that will over ride all others. However, I also believe, given all the assumptions for grants, borrowing and bonding, and the available funding available to the Town, that the 4.2 system is the most affordably feasible water system that the Town can presently commit itself to."

Mr. Devine supports Option 5, the full build out. He feels it serves the largest number of people at the lowest per served cost, it gives the most flexibility for planning and it is the best opportunity for federal and state grants and loans because it serves the largest amount of people for safe water. He does not feel it is over reaching or over extending.

Based on a question by Ms. Engel, the roads that would be served in option 4.2 and option 5 were reviewed as well as the number of people that would be served by each system. Ms. Engel also questioned the rights to the water source on Oakum Dock Road. Mr. Vincent Susco, Public Utilities Administrator responded that there is no contractual agreement presently. When the water system is approved, Mr. Susco said there are processes to be followed to acquire the rights to the wells. The acquisition costs are included in the totals for each water system. Also included in the costs are the fire safety costs.

Mr. Berlin addressed the consent order issue. At this time there is a consent order against the Town that needs to be addressed regarding the Village Center. He supports option 4.2. He feels that if option 4.2 is approved we can get to option 5 in the future and feels that there is a greater chance to pass option 4.2 at referendum than option 5.

Mr. Johnson spoke about all of the options being additions to the necessary system for the Village Center. The initial system for the Village Center is required based on the consent order but it would be advantageous to plan for a larger initial system such as option 4 and there can be future additions to get to option 5. Mr. Johnson also pointed out that the Boards and Commissions that chose option 4.2 included the modification of the addition of the Main Street to Route 16 section. Mr. Johnson also reviewed the Consumer Price Index from the Bureau of Labor Statistics to point out the prices of steel piping over the years.

Mr. Dostaler reviewed the time constraints of getting the proposal to referendum. The deadline for the extension date for the consent order is September 1, 2007. His recommendation would be to go to referendum in November with the town elections. If this were the case the town would need to request an additional extension. Since a referendum date would be set, the State may grant the extension.

This item is a continuation of a discussion held at a recent regular Town Council meeting. There was concern on the Council's part as to the procedure and the ramifications of the ESA (exclusive service area) modifications. The Council's question is can the modifications be reversed? Will there be future financial ramifications? There was discussion with Mr. Susco regarding the original soft line ESA and the new hard line ESA and the design development zone. The Council is concerned that the procedure to add area to the ESA was not properly channeled through this Council. The Council would like to approach Birmingham Utilities to possibly reconsider the transfer of the ESA.

A. Brookside Barrel Status: Mr. Bergren noted as previously reported, DEP inspected the complex and gave the owners 21 days from 6/13/07 to complete all testing, removal and filing of manifests for the transport/disposal of the barrels. He reviewed a memo from Attorney Brooks on the status of the owner's and the DEP's actions as of today. Mr. Minnick noted there could be security issues at the building as he was notified there is an unlocked door on the premises.

D. DiDomizio Property Purchase Update: Mr. Bergren noted that we are contacting Mr. DiDomizio's legal counsel to negotiate a purchase price for the parcel behind Memorial School. The latest appraisal raised some questions on possible encroachments from some adjoining properties which we may have to have a surveyor identify (possibly an A-2 survey will be required).

E. Maguire Group Status: Mr. Bergren stated that since amendment #10 (proposal of plans 1-4) no further activity has been required of the Maguire Group. On personnel matters, Robert Tedeschi has left the firm. Sebastian Amenta and William Murphy continue with the firm. These are the three individuals that have been working with the town on the centralized water system. Should the centralized water system proceed then the WPCA would be responsible to begin the selection process through RFP's for an engineering firm to prepare final design of the system. The Council questioned whether Maguire Group would be doing the public relations work for the water system. Mr. Johnson requested for the next meeting a synopsis of the existing contract so the Council can determine if the scope needs to be expanded.

A. Consider, Discuss and Take Possible Action on Dump Truck and Sidewalk Bonds for Town Meeting: Ms. Walck made a motion to authorize the Town Manager and Finance Director to direct Bond Counsel to draw up bond authorization resolutions for the Council/Board of Finance and Town Meeting to take action upon the Public Works dump truck and sidewalk projects as proposed in the Town's capital plan for fiscal 2007-2008. Seconded by Mr. Devine. So voted (7-0).

Present: Chairperson Alison Walck, Vice Chairman Derek Johnson and members Robert Berlin, Kyle Dostaler, William Devine (left at 7:15 pm), Melissa Engel (left at 6:55 pm) and Scott Minnick. Ms. Engel and Mr. Devine left early to attend another meeting. Also present was Town Manager Alan Bergren; Recording Secretary Cathy Sirois; members of various Boards and Commissions and a small number of citizens.

A. Christopher Brook Update: Mr. Bergren reported that IWWA sent correspondence to the third party inspectors for information. Their response is expected by the end of this week. Following receipt and consideration of that information by the Commission will determine the next steps to be taken. The Vice Chair has had the opportunity and will continue to have the opportunity to have the assistance of legal counsel to follow through properly on procedure. Also a site report dated 7/20/07 from the inspection after the rainstorm was provided to the Town Manager's office.

B. Brookside Barrels Status: Mr. Bergren noted that the DEP inspector reported that the owner of the complex called him on Monday to report he has retained Kropp Environmental to remove the barrels on Monday and Tuesday, July 30th and 31st. The Town Attorney provided an email conversation with the inspector. Mr. Minnick asked if town inspectors will be present. Mr. Bergren indicated that he would notify them so they can witness the removal.

C. Birmingham Utilities ESA Modifications re: Mutually Agreeable Rescission of ESA Agreement: Mr. Bergren indicated that he met with representatives of Connecticut Water, the new owners of the eastern division assets of Birmingham Utilities, and a representative of Birmingham to discuss this requested action and to discuss the changeover in management. A copy of the Council's motion was given to both parties, and they will review the details and contact the Town Manager. The actual transfer of ownership will occur toward the end of the calendar year. Both parties indicated that they want to continue a good working relationship with the town. Mr. Devine questioned whether we will be able to supply water to Marlborough in the future. Mr. Bergren indicated at present the wells we have will supply enough water for the planned water system. This would have to be researched in the future. Mr. Johnson noted the Council would like to have a clarification on Birmingham/CT Water's position by the Town Council Meeting on August 14, 2007.

D. Status and Timeline of Rt. 151 Traffic Study: Mr. Bergren reported that recommendations from TPA have been distributed. The next step would be to hold a meeting for public input for the stakeholders of Rt. 151 to finalize the report thereafter and submit same to DOT for consideration. Mr. Bergren has been coordinating this process with Liz Harris in the Village and Val Ferro of TPA. Mr. Johnson indicated that the Council would like Mr. Bergren to have a meeting with Liz Harris and Val Ferro to begin preparatory work for a public meeting. Mr. Johnson also indicated that the Council would like a set of recommendations for the next step.

E. Status of Middle Haddam School Engineering Study: Mr. Bergren provided a copy of the architect's report and also sent the report to the Middle Haddam Association for commentary. Some changes to the floor plan were sent to Council. Mr. Johnson asked that the Town Manager's office meet with the Middle Haddam Association to give them an opportunity to review and comment. Also he would like a meeting set up with Friar Associates and members of the Middle Haddam Association to discuss the preliminary drawings and take it to the next step. The Council would like this accomplished in the next few weeks. The Council would like a status report at the next Town Council meeting.

F. Maguire Group Status: Mr. Bergren reported that the Maguire Group, through Sebastian Amenta, is preparing the cost estimate to get us up to and through the referendum. A map was prepared reflective of Modified 4.2. This next amendment will be #11 and will include a public information proposal, any other presentations covering questions on design, engineering, etc., as well as their representation at meetings as required by the Town. The Finance Director is verifying the status of available remaining funds. There was discussion regarding the modification of the loop being added to the plan. Mr. Johnson asked if Maguire Group could be encouraged to have the information prior to the next Council meeting.

G. Status and Distribution of Annual Report: Mr. Bergren noted that the 2005 - 2006 annual report is on the town website. Also limited hard copies are available at the Town Hall and a supply will be sent to the Library. Copies are being printed as they are needed. A notice has been sent out to staff to begin working on their 2006-2007 annual report information so the latest report can be produced in an earlier timeframe.

I. Status Regarding Demolition or Reconstruction of L&L Building: Mr. Bergren reported that the owners are working with their insurance carrier to settle the claim. The owners want to remove the entire structure, not a portion of it. They are keeping the Building Department and a liaison of EDC apprised of their progress. There was discussion on the safety and security of the property. Mr. Bergren indicated he will check with the Fire Marshall on the status of the property.

Patience Anderson, 17 Anderson Way: She has a concern at certain land use board meetings that the opportunity for public remarks is being squelched. She also questioned whether there is a significant difference between public remarks and the public hearing portion of a land use meeting. She asked whether this issue could be addressed by the Council and maybe share the information with the various land use boards in an effort to help them be more responsive to public input.

Irene Curtis, Wangonk Trail: She had remarks about the land use boards approving various areas such as Belltown Square, the car wash and Angelico's. She has concerns that important documentation is not being exchanged between land use boards, between land use boards and the developers and between the land use boards and people that are brought in for infractions. She feels this is a detriment to the town.

A. Inter-Board Liaisons: Mary Ann Dostaler, Chairperson of the Economic Development Commission, reported that seven proposals were received for the Economic Development Consultant. EDC is in the process of evaluating the proposals. They will bring in three consultants for interviews and hope to bring a recommendation to the Council at the August 14, 2007 meeting.

Design Review Board: Mr. Dostaler reviewed the intent of the Design Review Board. Mr. Dostaler made a motion to appoint Scott Hill, Kevin Burnham, Michael Allstadt, Linda Axline and Diana Marsh as full members to the Design Review Board. Seconded by Mr. Minnick. Per Chairperson Walck's request, Mr. Dostaler provided a brief background on each of the appointees. So voted (5-0).

Mr. Dostaler indicated that based on recommendations made by the Town Manager, five individuals that have applied for the Redevelopment Agency would be qualified to serve. Mr. Johnson made a motion to appoint David Terry, Daniel Wolfram, Scott Bristol and Ron Buccilli. Seconded by Mr. Minnick. So voted (5-0). Mr. Dostaler indicated that there will be questions that need to be answered in the near future regarding the Redevelopment Agency and the Brownfields Committee.

Mr. Johnson made a motion to amend the agenda to include an item to award the contract for the masonry restoration at the Middle School and Company #1 Firehouse. Seconded by Mr. Dostaler. So voted (5-0). Mr. Bergren reviewed the masonry restoration bids for the Middle School and Company #1 Firehouse. Based on a memo from Mr. Frank Grzyb, Facilities Manager, he recommended awarding the contract to the lowest qualified bidder, Sherwood Restoration for $34,000. Mr. Johnson made a motion to award the contract for masonry restoration at the Middle School and Company #1 Firehouse to Sherwood Restoration for $34,000. Seconded by Mr. Berlin. So voted (5-0).

RESOLVED, that the Town Council recommends that the Town of East Hampton appropriate $410,000 for costs with respect to the replacement of sidewalks on all or portions of Lakeview Street, Walnut Avenue, Barton Hill Road, North Maple Street, West High Street and such other locations as may be determined by the Town Manager; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $410,000 to finance the appropriation. The appropriation may be spent for design, construction 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 related appurtenances and improvements.

RESOLVED, that the Town Council recommends that the Town of East Hampton appropriate $150,000 for costs with respect to the acquisition of a dump truck and related appurtenances and equipment for use by the Public Works Department; and that the Town issue bonds or notes and temporary notes in an amount not to exceed $150,000 to finance the appropriation. The appropriation may be spent for acquisition and installation costs, administrative costs, legal fees, net interest on borrowings and other financing costs, and other expenses related to the project.

New Business: Mr. Johnson made a motion to amend the agenda to consider, discuss and take possible action regarding general standards for public comments at public hearings. Seconded by Mr. Minnick. So voted (5-0). Mr. Johnson suggested the Town Attorney look at the issue of what are the appropriate parameters of a public hearing as opposed to public remarks. By consensus of the Council, it was agreed that Mr. Bergren will contact the Town Attorney to look at this issue.

Mary Ann Dostaler, Chairperson of the EDC, noted that the Mr. Bergren related to EDC that the lease has been terminated for 13 Watrous Street. Ms. Dostaler would like to request a workshop with the Town Council, EDC and Brownfields Committee to discuss the future use for the building. Also related to the sidewalk project, there were discussions at the last EDC meeting regarding Phase II of the Streetscape Program. They are considering applying for a second STEAP grant that could help augment funding for sidewalks in the triangle area on Lakeview Street. She also thanked the Council for appointing Mr. Richard Leone to the Economic Development Commission.

David Terry, 37 Daniel Street and Chairman of the Brownfields Steering Committee, thanked the Council for the appointment to the Redevelopment Agency. He is concerned about the Redevelopment Agency and the Brownfields Steering Committee merging at this time. He does not want to lose momentum on the three active grants going on at this time. Also, he would like to request a workshop with the Town Council to discuss the function, duties and structure of the Redevelopment Agency and how that agency will interface with other agencies within the Town.

Phil Wielgosh, 79 North Main Street spoke about noise issues being at the police department's discretion to control. He is in favor of a noise ordinance as it will give the police the power to keep the noise down. He spoke to a policeman and indicted if he had a noisy muffler would he get a ticket - why aren’t the noisy motorcycles under the same discretion. He spoke about purchasing decibel meters. He indicated that loud motorcycles, quads and boat owners appear to have more rights than the people in their homes.

Glen Wood, 26 Lakeview Street spoke about the new Belltown Square development regarding lighting pollution as well as noise pollution. The lights at the new bank's drive thru window area shine like beacons into his windows. He is concerned about the amount of cars and later hours anticipated at the new CVS. He would like to see the town address the issues of a better buffer between commercial and residential properties.

Francis Klein, 12 Bellevue Street indicated she attended a meeting over a year ago requesting a noise ordinance particularly due to the music and traffic and music at Angelico's. She does not live as close as others to Angelico's but she can still hear the noise quite clearly. Her other issue is a safety concern regarding the parking of cars very close to the building and the number of cars in the parking area and parked on the lawn as well. If there were ever a fire she is concerned that the fire department would not be able to access the building properly. She is also concerned about the traffic on Lake Blvd which is a one way street part way up and cars go the wrong way on the street. She is in support of a noise ordinance, she would like to have the parking capacity looked at and would like to see the fire safety aspect inspected.

A. Christopher Brook Update: Mr. Bergren reported that IWWA received correspondence from the third party inspectors on information the Commission requested. The members of the Commission have that information and are reviewing same. They will give due consideration to the information provided and they will determine the next steps to be taken. The Vice Chair continues to have the opportunity to access the assistance of legal counsel to follow through on procedure.

B. Brookside Complex Barrels Removal - Update: Mr. Bergren noted that the DEP inspector reported that the owner of the complex indicated the removal of all the liquids. There are still some remaining solids that need to be removed this week. The DEP is awaiting copies of the shipping manifests. A memo from the Town Attorney who spoke to the inspector was read regarding this matter.

C. Birmingham Utilities ESA Modification Update – Mr. Bergren indicated as previously reported a copy of the Council’s motion was given to both Birmingham and their planned successor utility Connecticut Water. Since Birmingham is still the water utility operator/owner until the transfer of assets takes place later this year, they, through their president, will be responsible for responding. Due to vacations, the president of Birmingham was unavailable to get back to him. He is expecting that he will get in touch upon his return. Mr. Devine presented a letter to the Council regarding the ESA Modification.

D. Status and Timeline for Progress of Rt. 151 Traffic Study – Mr. Bergren stated that a public meeting for input for the stakeholders of Rt. 151 is tentatively scheduled for September 12th from 7 PM - 9 PM. in the Town Hall meeting room. Thereafter our consultants will finalize the report and submit same to the Council. Thereafter, with Council approval, they will submit the final report to DOT for consideration. The process has been coordinated with Liz Harris in the Village and Val Ferro of TPA.

F. Staff Meeting Update - Mr. Bergren reported that at the last staff meeting the Freedom of Information Act training was conducted for Department Heads by FOI Training Officer Thomas Hennick. The 2006-2007 annual report preparation was discussed. The closeout of the 2007 fiscal year was reviewed. The utilization of laser fiche in the Town Clerk’s office was discussed. The new tax program was discussed and some of the initial issues of getting out the bills were reviewed. The numbers of social service cases was mentioned. The building department is involved with a number of new home inspections. Facilities management reviewed the number of summer projects to be accomplished. The status of the planned new web page was discussed. Also code of ethics training for department heads is being scheduled for later this month.

G. Department of Health – Consent Order Extension Update - Mr. Bergren reported that the Department of Health has indicated that the Town may file a formal request for a deadline extension of Item 5D of the Consent Order. Ms. Walck asked about the Main Street Bridge, Flanders Road and the Viaducts - Mr. Bergren indicated that the bridge work is in the design stage. Flanders Road survey work is being done and it will then go to the engineering stage. Hopefully in the spring the road work will begin. There is a slow up on the Lyman Viaduct. The Rapallo Viaduct may be repaired prior to the Lyman Viaduct. The sink hole is still fenced in.

H. Other - Recommended Applicant to the Redevelopment Agency: Mr. Bergren reviewed an application from William DeMore for appointment to the Redevelopment Agency. His expertise would be an asset to the Redevelopment Agency. Mr. Dostaler made a motion to add item 13D to the agenda to consider, discuss and take possible action on the Town Manager's recommendation of William DeMore to the Redevelopment Agency. Seconded by Mr. Minnick. So Voted (5-0). Mr. Dostaler also indicated that an email was received from Jeff Jylkka to add a motion to the agenda to request that the Board of Finance recommend an additional appropriation for Bennett Yarger Association in the amount of $24,500. Ms. Engel questioned why this request was made. Mr. Dostaler indicated that it needs to be put onto the Board of Finance agenda if approved by the Council. Mr. Dostaler made a motion to add this as agenda item 13E. Seconded by Mr. Minnick. Motion does not pass (3-2) (Mr. Devine and Ms. Engel against).

C. Consider, Discuss and Take Possible Action on the Appointment of William DeMore to the Redevelopment Agency: Mr. Dostaler made a motion to appoint William DeMore to the Redevelopment Agency based upon the recommendation of the Town Manager for a 2 year term. Seconded by Mr. Minnick. So Voted (5-0). Mr. Dostaler indicated that there will now be one opening left for a one year term on this agency. Mr. Bergren indicated there is a tentative organization meeting of the Redevelopment Agency scheduled for Thursday, September 6, 2007.

A. Consider, discuss and take possible action on Amendment 12 from the Maguire Group. Mr. Bergren reviewed an email from Vice Chairman Johnson on this subject in his absence. Mr. Bergren provided additional information on Amendment 12. It is recommended not to approve Amendment 12 until all questions are answered. Ms. Engel made a motion to postpone action on Amendment 12 to the next Town Council Meeting. Seconded by Mr. Devine. So Voted (5-0).

B. Consider, Discuss and Take Possible Action on Proposed Policy Regarding Sub Committee Meetings, Including Appointments Sub Committee: Mr. Dostaler explained that the policy proposed to be adopted will remedy the issues of the Appointments Sub Committee and the FOI complaint of Simko vs. Appointment Sub Committee. He has spoken with the Town Attorney, Jean D'Aquila who has reviewed this matter. This policy will answer many questions that have been posed and will set up a process. This policy will be helpful for this Town Council and future Town Councils. If this policy is adopted, the FOI complaint of Simko vs. Appointment Sub Committee will be resolved. Mr. Dostaler read the following policy into the record.

"The Town Council of the Town of East Hampton acknowledges that the Freedom of Information Act of the State of Connecticut, Connecticut General Statutes Section 1-200 et seq., (“the FOIA”) provides that the same rules apply to meetings of a subcommittee of a public agency board or commission as apply to a public agency board or commission. For example, an agenda must be posted in advance of the meeting within the time prescribed by the FOIA and minutes must be prepared and made available to the public within the time prescribed by the FOIA.

The Town Council of the Town of East Hampton further acknowledges and agrees that it will not have any further meetings of the Appointments Subcommittee without providing agenda and minutes as referenced above, whether the meeting of the Subcommittee is conducted by a single or multiple members of the Subcommittee. In addition, the Appointments Subcommittee will properly conduct executive sessions, as applicable, pursuant to the FOIA."

The purpose of this workshop was to discuss the potential end-uses of the Town-owned properties located at 13 Watrous Street, 103 Main Street and Walnut Avenue (aka the Water Tower Parcel). The Brownfields Steering Committee requests formal direction from the Town Council on the end-use of these properties to facilitate initiation of remedial design under the current Brownfields Cleanup Grants for the 13 Watrous Street and 103 Main Street properties. The Committee also requests direction from the Town Council regarding the end-use of the Water Tower Parcel because this will affect the appropriation of Environmental Assessment Grant funds that could be used on this property or for other purposes. Below is a list of recommendations from the Committee pertaining to the end-use of each property based upon the discussion held during the workshop. The Brownfields Committee requests that the Town Council review the recommendations below and provide the Committee with the Council’s concurrence (if in agreement), or if not in agreement, provide specific desired end-uses for the properties. Also discussed below, the Brownfields Committee seeks formal direction on how to appropriate the current Assessment Grant funds and list a couple of action items for the Town to implement, assuming the Town Council concurs with their recommendations. As mentioned above, timeliness is critical because decisions need to be made to meet a public information meeting deadline of 14 September 2007 as required by the USEPA.