AUGUST 7, 2002

ATTENDANCE: Richard Booth, Chairman; Martin Bernard; Jose Bermudez;

STAFF: Sonja Devitt, Director; Larry Patterson, Field Inspector

CALL TO ORDER

The meeting was called to order at 7:40 p.m.

ACCEPTANCE OF MINUTES OF – JUNE 5, 2002

The reference to "Mom" should read Ms. Arevalo throughout.

Page 7, paragraph 1 should read " Mr. Bermudez noted that the Ms. Navarro’s complaint noted her zip code as Westport 06880, but should be for East Norwalk 06855.

Page 8, paragraph 1, line 3, add "a self-renewing clause" went with "the" lease

Page 8, paragraph 2, line 5, Larose should be LaRose

Page 8, paragraph 3, line 6&7, it should be "if the flooding "; "from water pooling

Page 9, paragraph 3, last line should read "outreach" not service

Page 13, item 16, they should read "the batteries"

Page 13, item 21, line 2 add "else" after nothing

** MR. BERNARD MOVED APPROVAL OF THE JUNE 5, 2002 MINUTES

** MR. SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

CHAIRMAN’S REPORT

Mr. Booth noted an article in the Hour of 7/30/02 regarding the rental amount for the new apartments at the new Merritt Seven buildings.

Mr. Booth read a second article to the Commissioners. Dated July 29, 2002, the report said that the State has reduced the Historical Commission budget by 43%. This Commission has provided housing through its preservation and restoration of homes for residents.

Mr. Patterson said the author of the article is his neighbor. He said that in some areas there is a down side to the restoration where zoning is only for single family residential dwelling.

DIRECTOR’S REPORT

Ms. Devitt reported on the current annual statistics. The follow up calls are not exact depending on who keeps the log and determines whether the call was a follow up. Mr. Bernard stated that the record keeping has been a great help in establishing the need for the Commission.

There has been one new complaint since the June meeting.

Ms. Devitt discussed the memo from the City Clerk’s Office eliminating outside secretarial service for minute taking for the Commission meetings. She asked that the Commissioners add a discussion of this memo to the agenda.

** MR. BERNARD MOVED TO SUSPEND THE RULES TO ADD THE CITY

** MR. ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY.

Ms. Devitt suggested putting in for a new copier next for 2003/2004. The department currently has a new fax unit. The number is 845-7767. The Commissioner’s suggested keeping a record of the down time for the lack of the copier and other equipment for budget support.

The Fair Rent office has been clustered by the Mayor into an interdepartmental group called Human Relations and Community Services. It includes Human Relations/Fair Rent, Personnel, Recreation and Parks, Youth Services, Library and the Housing Authority.

Ms. Devitt read an article that showed that the Bloomfield, CT Fair Rent Commission had the authority to institute a rent increase of $195 over a two-year period. This went to Court and was upheld under the State Enabling Act and Bloomfield’s Ordinance. The major difference in the case is that the landlord had offered this, not the Commission imposing the idea from scratch. It may be the Norwalk is not limited to the six-month period that has been the practice. The landlord appealed the decision stating that the Commission violated their authority by phasing in the increase denying the plaintiff an increase at market value immediately. The Commission decision was upheld and the plaintiff lost the appeal.

Mr. Roberts noted that this information that was upheld in the Court was based on the hearing being properly recorded. Ms. Devitt stated that this information could be a part of her response to the City Clerk regarding the removal of the secretarial service.

COMMISSIONER’S POTPOURRI

There were no comments.

ANY NEW BUSINESS

Ms. Devitt gave an overview of the memo received from the City Clerk’s Office distributed in the package to the Commissioners. Ms. Devitt brought up her points as to why the service is needed. She informed Ms. Stark that it was not possible for her to take minutes at a hearing. Her role is the legal director of the hearing; involved in asking questions; clarifying issues; and documenting exhibits. She also expressed that it is a conflict of interest.

Mr. Roberts stated that a general meeting could be taped. He expressed that a hearing requires minutes as it could be carried to a higher court for resolution. He further stated that the plaintiff would win every case if the hearing is not properly recorded by an independent agent.

Ms. Devitt said Ms. Stark’s suggestion was that the Commission record the meeting and a staff member transcribe it the next day. Ms. Devitt said that it was not possible for her or her field inspector to play back the tape and see that all notes are accurate. It was also noted that an individual has been used to record the hearing if a transcript is required for a verbatim copy of the meeting that could be used in a Court of law.

Ms. Devitt spoke with Telesco Services who informed Ms. Devitt that if a unit is purchased to tape the meetings, they could supply a transcript of the meeting for the Department thus releasing the money now set aside for the special taping.

Mr. Roberts pointed out that the recording agent would be on site to track who is speaking so that the individuals are properly noted and the person speaking is identified.

Ms. Devitt stated combining the minute taking and the recording process into one activity would enable the department to use existing money set aside for transcription.

Ms. Devitt stated she will bring this issue to the Human Relations Commission as well and submit a written response to the City Clerk’s Office from both Commissions.

Mr. Patterson agreed that there should be a voice from the Commission. Mr. Roberts repeated that there should be both a recording and a minute taking secretary for hearings, which could go to arbitration in the Housing Court.

Mr. Booth asked Mr. Bernard and Mr. Roberts to send their thoughts to him and he will combine the thoughts into a letter from the Commission under his signature that Ms. Devitt will submit with her staff comments.

Ms. Devitt will investigate as many options as possible to cooperate with the City Clerk’s Office and the Board of Estimate to meet the request to reduce costs.

Mr. Booth noted that there would be a Historical Preservation Society in Norwalk. They will endeavor to retain open land, but that land could be better used for housing. Mr. Patterson commented that if there was a zoning change from commercial to more residential housing, the energies of the HPS would be better directed.

Ms. Devitt commented that the Action Housing agency has had a difficult time in supply affordable housing due to the lack of grants from the State and the lack of space in Norwalk.

REVIEW AND DISCUSSION OF EACH OPEN CASE

Motion and vote on open cases, as necessary

Mr. Patterson reviewed the open case status.

1454-01 Olbrys

** MR. BERNARD MOVED TO ESCROW THE SEPTEMBER RENT.

** MR. STRUMPF SECONDED.

** MOTION PASSED UNANIMOUSLY.

1465-01 Hernandez, 1466-01 Cruz

** MR. BERNARD MOVED TO HEAR CASE NO. 1465-01 AND 1466-01

** MR. ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY.

1472-02 Contreras

** MR. ROBERTS RECOMMENDED TO CLOSE.

** MR. STRUMPF SECONDED.

** MOTION PASSED UNANIMOUSLY.

1477-02 -Rodriguez

** MR. ROBERTS RECOMMENDED TO CLOSE.

** MR. BERNARD SECONDED.

** MOTION PASSED UNANIMOUSLY.

1478-Hernandez

** MR. SIMMS RECOMMENDED TO CLOSE.

** MR. ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY.

1479-02 – Sabia

** MR. ROBERTS RECOMMENDED TO CLOSE.

** MR. BERMUDEZ SECONDED.

** MOTION PASSED UNANIMOUSLY.

1480-02- Garcia

** MR. SIMMS RECOMMENDED TO CLOSE.

** MR. BERMUDEZ SECONDED.

** MOTION PASSED UNANIMOUSLY.

1485-02 - Dorn

** MR. BERNARD RECOMMENDED TO CLOSE.

** MR. BERMUDEZ SECONDED.

** MOTION PASSED UNANIMOUSLY.

1487-02 – Moore

** MR. BERMUDEZ RECOMMENDED TO CLOSE.

** MR. SIMMS SECONDED.

** MOTION PASSED UNANIMOUSLY.

PRESENTATION OF NEW CASES

Decision to hear or recommendations to staff

Motion and vote on each case presented

1488-02 – Valencia

** MR. ROBERTS RECOMMENDED TO CLOSE UPON REMOVAL OF

** MR. STRUMPF SECONDED.

** MOTION PASSED UNANIMOUSLY.

MOTION TO ADOURN

** MR. SIMMS MOVED TO ADJOURN.

** ROBERTS SECONDED.

** MOTION PASSED UNANIMOUSLY.

The Chairman adjourned the meeting at 9:00 p.m.

Respectfully submitted,

Alvina L. Richardson Decker

Teleseco Secretarial Services

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