The draft sewer rules: who would decide what

The seven-member commission East Hampton's council is drafting would set sewer rates and plan the system. At a Sept. 29 workshop, two residents asked that its members be experienced. One said they "cannot be trained as they go. This is far too important." The other asked that the draft's line saying the council "may consider" professional experience when appointing members say "must."

Council members who spoke did not take it up. "I don't see how we can force a volunteer to have that," one said. Another said it would be surprising to fill seven seats with people "who have all had experience." Town Manager David Cox pointed out that "must" would only require the council to consider experience: "It just says you must consider it." A third member suggested "should."

The resident who asked for "must" also wanted a firm notice deadline, at least 15 calendar days or 10 work days, before the commission acts on a major decision. The draft says "sufficiently in advance." Members did not settle it.

The Town Council, which sits as East Hampton's sewer authority for now, went through a draft ordinance Sept. 29 that would hand that job to a new seven-member commission the council appoints. The authority sets sewer rates and plans the system. The draft left its dollar limits blank, and members began filling them in, informally and without a vote.

On spending, members leaned toward requiring council approval of consulting and other professional services contracts over $25,000, and of other major contracts over $50,000. A separate limit for construction projects, also discussed at $50,000, is not settled.

On the budget, Town Manager David Cox said the town attorney thinks council approval is probably fine, but Cox asked whether approval would reach into day-to-day operations and floated review and comment instead. If the commission ignored the council's comments, Cox said, "what happens? I don't know." A member answered, "Kind of like we'll see in three years." Members leaned toward review and comment.

Members also leaned toward three-year terms, staggered, instead of the draft's five. Cox said shorter terms were the town attorney's suggestion; with them, he said, the council could review members more often and decline to reappoint one who is "just not cutting the mustard." The question of land purchases remains open.

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.