ATTENDANCE: Michael Coffey, Chairman; Rick McQuaid; Doug Sutton; Kevin Poruban.

STAFF: Katherine Lasberg, Assistant Corporation Counsel.

OTHERS: Harold Alvord, Director of Public Works; Ed Schmidt, Mayor’s Assistant.

ROLL CALL

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

PUBLIC HEARING

OUTDOOR DINING

The Chairman announced that the public hearing on littering would take place next month.

The Chairman convened the Public Hearing.

Attorney Frank Zullo, Tierney, Zullo, Flaherty & Murphy, representing the Papaya Restaurant, said his clients hoped they could open outdoor dining in time for Memorial Day. He pointed out that there are differentiations between restaurants. Some don’t have the required parking for outdoor dining. The Zoning Commission passed an amendment to their regulations waiving the requirement of additional parking during the summer. Pelican and Papaya are unique in that they did not need a variance. Attorney Zullo said that a bus station should be allowed if taken in every evening and there should be thought to at least allowing one trash receptacle outside. Section 4B requires zoning approval plus coordination with many other City departments. Sec. 4J requires Council approval. Attorney Zullo said this degree of caution is not necessary. This is onerous for the applicant, the Director of Public Works and the City. He urged the committee to simplify this process and asked if a fee is being contemplated. The Chairman said there would be a fee, but the amount has not been decided. Attorney Zullo said outdoor dining is terrific for the city, but the regulations should be simplified.

Diane Lauricella said this is a redevelopment and economic development ordinance. She agreed that street activity greatly stimulates the city. She asked, as a former regulator with the DEP, that t his ordinance be simplified and that it be administrated by the Health Department or Public Works. She said they should look at how this is being done in other cities so as not to reinvent the wheel. The ordinance as written is very onerous.

Vito Deradis, owner of Pelican and a resident of Norwalk, said this ordinance should be available at a fee of $50 or $100. In Stamford, where he also owns a restaurant, a person goes to the Health Department and pays $50 for approval from May to October. The Health Department inspects and there are no problems like there seem to be in Norwalk.

Nick Guione said that this ordinance should be moved along and there should be a fair fee.
Jack Chiarmonte, N.Y. Pizza, said loitering and outdoor dining are connected. This is a great way to alleviate loitering. They need to know asap because this requires a big investment (tables, chairs, lighting, etc.). He said he had spoken to an insurance agent who told him that insurance is a non-issue. Mr. Chiarmonte said that he and other restaurant owners would be happy to provide security coverage.

Tadhe Dolan, Gasoline, said they would like to create an outdoor patio for smokers so that they can take their drinks outside. Mr. Poruban said that P&Z did rescind the parking requirement. Mr. Alvord will look into this.

Ollie O’Neill, O’Neills, reiterated what everyone else had said and said they would like a decision to be made.

Chef Jeff said they want to improve the area and they need to plan ahead. They want to hire a police officer on weekends.

Bill Krummel, 21 Little Fox Lane, complimented the committee. They have done more work than any other Council committee. He encouraged them to avoid being bulldozed by private interests. Their objective is the preservation of the quality of life, safety and public well-being. Every activity should be reviewed. There are narrow sidewalks, people who speed, etc. They need to give this careful consideration. They have to look at every individual case. Parking is another issue. In some cases where parking is at a premium, they have to look into it. He said he agreed that they tend to overburden their ordinances, but that is a necessary evil to preserve public health and safety.

The Chairman closed the Public Hearing at 8:15 p.m. and called a brief recess. The meeting reconvened at 8:25 p.m.

MINUTES

Due to the lack of a quorum, no action was taken.

NEW BUSINESS: WPCA

Mr. Alvord said that at the request of the Tax Assessor, WPCA developed policy guidelines on how bills are prepared, adjustments are made and appeals are handled. They intended to include excerpts of the ordinance that were not very clear or incomplete, in accordance with State statutes, and provide when the Authority advertises a change in rates, no appeals will be allowed for 30 days and the appeals would be heard from 31 days through eternity. The WPCA approved these changes and forwarded it to the committee.

** MR. MCQUAID MOVED TO HOLD A PUBLIC HEARING AT THE NEXT MEETING.
** MOTION PASSED UNANIMOUSLY.

OLD BUSINESS

LOITERING

The Chairman said that the purpose of this ordinance is to stop drug-related loitering, etc. It has been reviewed by Corporation Counsel. They will be adopting the State statute, which is in compliance with the U.S. Constitution and the State Constitution. He said he was in favor of the ordinance as written.
** MR. PORUBAN MOVED TO FORWARD TO PUBLIC HEARING AT THE NEXT MEETING.
** MOTION PASSED UNANIMOUSLY.

CITATION APPEAL PROCESS

The Chairman read a letter from Corporation Counsel Ciccarello, which said he would be unable to attend tonight’s meeting.

The Chairman said it is only fair to have an appeal procedure when citations are issued. He suggested this hearing take place in June.

** MR. SUTTON MOVED TO HOLD A PUBLIC HEARING AT THE JUNE MEETING.
** MOTION PASSED UNANIMOUSLY.

ETHICS

Mr. Schmidt said there are municipal ethics bills winding their way through the legislature. The session ends on the first Wednesday of June. If the committee revisits this in June, they will know if the State has passed anything.

The Chairman will put this item under “Old Business” at the June meeting.

Mr. McQuaid asked if this was one of the bills sent back this week; Mr. Schmidt responded affirmatively. It was the “revolving bill” that was sent back this week, but that does not mean it is dead.

In response to the Chairman, Mr. Schmidt said usually the State adopts a model act and allows it to be customized for each community.

Discussion took place on the formation of an Ethics Commission vs. a Council Ethics Committee.

ACTION ON BUSINESS ITEMS

The Chairman said that the statute, as drafted (Outdoor Dining) is superb. He understands the desire for simplicity but said that the statute is simple. There are certain obligations that every department should be involved in. Mr. Callahan had spoken about not having the trash receptacle and bus station outside a few months ago. The Chairman also said that the licensing agreement is necessary.

Mr. Poruban asked if they have to specify from the curb to the interior of the outdoor dining. Mr. Schmidt said they would not necessarily measure from the curb. There needs to be 5 feet of public passage. Mr. Alvord said that the ordinance is as specific as they want it to be. Professional staff should make that determination with the applicant.

The Chairman asked about the license agreement cost. Mr. Alvord said no thought had been given to that as of yet. Mr. Schmidt said additional research is needed as to a fair and reasonable fee. The ordinance refers to the schedule of fees, which will be updated annually rather than being in the ordinance. Public Works will make a recommendation.

Attorney Lasberg said that P&Z has zoning permit fees. Mr. Schmidt said that the question is how much time this will take, which will be reflected in the amount of the fee.
The Chairman said that the fee has to cover the costs. Mr. Alvord said permit fees cover the cost of processing that permit application. This is a lease arrangement for a private profit-making enterprise to lease property from the residents of the City. This is different from a permit fee. The Chairman said this makes it more of a licensing agreement. Mr. Schmidt said license agreements are processed by Public Works but approved by the Council. Mr. Alvord said staff feels that a per square foot basis would be the fairest way to do this.

Mr. McQuaid asked if they should consider a maximum amount of seating allowed for the first year. Mr. Alvord said this is an unresolved program that will take up a lot of time. Mr. Schmidt said it is the same amount of work no matter how many seats are allowed. There should be one-stop shopping set up for applicants.

Discussion took place on the issue of staffing. It was noted that Mr. Alvord only has one inspector.

Mr. Poruban asked if the idea of outdoor heaters had been addressed by the Fire Department, noting that Westport extends its season by allowing outdoor heaters. The Chairman suggested that the ordinance stay as is for the time being.

Mr. Poruban said Section 5A calls for an end after 11 p.m. He asked if that meant that the restaurant should be completely closed or if it should stop serving after that time. Attorney Lasberg said she thought it meant that serving would stop. Mr. Alvord said that would have to be tracked over one year and adjustments made if necessary.

The Chairman said that the Executive Director of the Redevelopment Agency had recommended that restaurant owners apply for a CDBG grant for police officers. Mr. Schmidt said that several restaurant owners are ready to cover those costs.

Mr. McQuaid said they may have to look into drinking/smoking areas in the future. Mr. Schmidt said that the prohibition would be against smoking in a liquor-permitted establishment. Attorney Lasberg will look into this further.

** MR. PORUBAN MOVED TO APPROVE THE OUTDOOR DINING ORDINANCE AND FORWARD TO THE COMMON COUNCIL.
** MOTION PASSED UNANIMOUSLY.

ADJOURNMENT

** MR. MCQUAID MOVED TO ADJOURN.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 9:15 p.m.

Respectfully submitted,

Cheryl Telesco
Telesco Secretarial Services

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