Council wants a veto over the new sewer board
On land purchases, the town attorney's March advice points the other way.
East Hampton's draft rewrite of its sewer ordinance would hand the sewer authority to a new seven-member commission appointed by the Town Council, and would keep the council's approval over the commission's major decisions, including any land it buys. The council, which sits as the sewer authority for now, went through the draft at a Sept. 29 special meeting.
Land is where it stuck. Every member who spoke, "with possibly one exception," wants that approval, Town Manager David Cox said. But in March the town attorney advised that the sewer authority and the Colchester-East Hampton Joint Facilities, which runs the treatment plant the two towns share, hold the legal power to buy land for sewer use, not the council or a town meeting. On that advice the council canceled a planned town meeting vote on buying 292 West High Street for a plant expansion. Public comment on the purchase was in strong opposition, the minutes say.
Cox said the attorney's view turns on who pays: it applies when the utility's own money, from customers' bills rather than taxes, covers the whole cost. Cox will ask him again. One member said limiting what the authority buys with its own money is likely not legal without an opinion saying otherwise. No vote was taken.