CITY OF NORWALK
ORDINANCE COMMITTEE
MAY 17, 2005

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

STAFF: Katherine Lasberg, Corporation Counsel

OTHERS: Mayor Alex Knopp; Hal Alvord, DPW Director

ROLL CALL

The Chairman called the meeting to order at 8:00 pm.

PUBLIC HEARING

A. LOITERING

The Chairman asked for questions or comments from the public.

Laurel Lindstrom thanked the committee for their work on this ordinance, as it will allow the police to have a tool in place to be able to prevent problems from happening. Regarding the wording, Ms. Lindstrom noted that there was no reference to the taxing districts especially as the Third Taxing District has a cemetery and asked if this area is included. With regard to prohibiting loitering during night time hours she commented that there are a number of parks in East Norwalk and suggested adding the words “also in public places” and gave the example of the area underneath the Stroffolino Bridge. Finally she suggested that an introduction be added to the city website (chapter 64) if this ordinance is adopted.

Jack Chiarmonte (NY Pizza) commented that the loitering in South Norwalk has become much worse in the last year and spoke of two events when he had been threatened. He described the area in the evenings noting that there can be up to 40 kids screaming, cursing, throwing trash around and skateboarding adding that this activity is concentrated around the movie theater. He said that the police do intervene and suggested that more police intervention is required. Mr. Chiarmonte stated that the bill should be passed but the ordinance needs more teeth.

Fen Chen (restaurant owner) spoke of the same problems as Mr. Chiarmonte. He also told a story of his sister being punched by a group of kids in their restaurant.

Sasa Mahr-Batuz (Barcelona Restaurant) concurred with the comments of Mr. Chiarmonte noting that this area is seen as the entrance to South Norwalk asking if this is the first impression they want visitors to have. He noted that outdoor dining would create a different approach and would give a new look to the town.

Dana Bilello (Tinaro Restaurant) indicated that her restaurant had been open for nearly a year and agreed with all of the previous points raised. She commented that the loitering is very frustrating and intimidates many of her customers. With regard to panhandling, Ms. Bilello said this is also very prevalent in this area as well as drinking in public. She stated that the bill would help a lot and noted that she was in favor of outdoor dining.

William Eleck said his concern was the children. He remarked that he has two teenage children and it is difficult to tell kids where they should/should not hang out. With regard to the $99 suggested fine Mr. Eleck said the kids would not get the message if it is the parents who are responsible to pay the fine; he suggested that the kids found guilty be made to serve a community/charitable service.

Bob Werme spoke of similar problems in the past in the South Norwalk area noting that the area could be a great tourist center and that every effort should be made to make sure that people do not feel afraid. He suggested that this is a matter for every member of the Council to consider.

Jean Hill stated that she was in opposition to the ordinance. She said there is crime all over the city, not just in South Norwalk. She said that kids make noise because they are kids also much of the noise comes from the restaurants themselves. Ms. Hill indicated that there should be kids around the movie theater and the they should be left alone.

Jo Mann stated that he was opposed to the ordinance. He referred to the previous panhandling ordinance that was passed noting that this had not made a big difference. He suggested that what they do need is more policing in the area. With regard to Article 1, Mr. Mann said that this seeks to separate folks and treat them differently – as the article defines a know drug dealer as anyone who has been convicted in the past. He said they need to encourage people to turn their lives around and no assumptions should be made regarding who is a drug dealer. He urged the committee to do the ordinance over and to take this section out as it sends the wrong message.

Carvin Hilliard (Common Council Member) stated that he was opposed to the ordinance because if it is passed it could divide the community. Mr. Hilliard empathized with the business owners and suggested the answer is more police activity. He said he is against the profiling of ex-offenders; the citizens of Norwalk deserve better.

Leona Williams (Common Council Member) indicated that she was in opposition to the ordinance agreeing with the comments made by Mr. Hilliard. As a parent of five teenagers in the South Norwalk area, Ms. Williams said it was the parents who should be more accountable and that the Ordinance Committee should go back to the table to revisit this.

Chef Jeff invited anyone present to come and visit his restaurant at 9:30 pm on a Saturday to view the situation. He said that he had spoken with many of the kids and there is a group of them with no respect and they are a problem. He said something needs to be done.

Joseph Robertson noted that he lived and worked in South Norwalk and sees what is going on first hand. He said that he had experience with groups of kids coming into his store and stealing; he said stealing a soda is only the start of bigger problems. He indicated that he was not sure if he was in favor or against the ordinance.

Deputy Chief Mark Palmer stated that he had reviewed the ordinance objectively and that he found it to be narrow and focused. He noted his concern that some people may misinterpret what law enforcement can do adding that the movie theater is not city property.

Pastor Sean Baum said that Norwalk has changed, there is nothing for the kids to do; there used to be more for the kids to get involved with. He pointed out that the kids in the South Norwalk area are the ones supporting the businesses, as they are spending money there. With regard to previous comments about previously convicted drug offenders, the law should take a look at the drunks in the bars.

Vera Levitt hoped that this ordinance would not target the homeless and the mentally ill as they lack housing and counseling and they are best served with treatment and encouragement to get to hospitals.

Mr. Coffey asked Deputy Chief Palmer if the Police Department had received complaints about loitering.

Deputy Chief Palmer replied that they had but it was not specific to South Norwalk; the majority of calls were regarding loitering on school grounds. He said they do get calls from the businesses and they do respond. He pointed out that loitering is not against the law; if this ordinance is passed it would give the police officers a tool to be able to deal with it.

Being no more comments from the public, the Chairman closed the hearing.

B. WPCA

There were no questions or comments from the public. The Chairman closed the hearing and called a ten-minute recess at 9:10pm. The meeting reconvened at 9:20pm.

MINUTES

** MR. PORUBAN MOVED APPROVAL OF THE MINUTES AS PRESENTED.
** MOTION PASSED UNANIMOUSLY.

NEW BUSINESS

Regarding the WPCA changes Mr. Alvord indicated that it does three things. It brings the city’s sewer rate appeal process into compliance; it clarifies the appeal process and it corrects a typo when the initial ordinance was drafted regarding the time a person is allowed to appeal.

** MR. MCQUAID MOVED APPROVAL OF THE WPCA CHANGES AS PRESENTED.
** MOTION PASSED UNANIMOUSLY.

OLD BUSINESS

A. CITATION APPEAL PROCESS

Mr. Alvord noted the short period of time that staff had to review this, however this is the way to handle appeals. He said that staff had no concerns noting that this is how they handle parking violations. Mr. Alvord suggested a change regarding the time frame for parking citations noting that it should be two years.

Mr. Coffey indicated that the WPCA would be on the agenda next month. He also asked the committee and Mr. Alvord what authority would be used to appoint the citation officer.

Mr. McQuaid and Mr. Alvord both agreed that it should be a Common Council selection.

There was discussion regarding the appeal officer and how the process is handled in the Law Department.

B. OUTDOOR DINING

Mayor Knopp suggested that this item be moved forward with the following revisions. After speaking with many city departments and members of the public the Mayor said that the DPW had expressed a concern that they do not have the staff capacity therefore the co-ordination of the process would shift to the Zoning Department. The Mayor suggested a change in wording in the draft ordinance from Planning and Zoning Director to Zoning Director. With regard to the fee, the Mayor said they are dealing with the unknown and this was hard to figure out. He said as a compromise he suggested two fees a $100 permit and a $2 per square foot license fee. Both the $100 and the $2 (per square foot) are mid-range figures compared to other municipalities; he indicated that there was back-up material in the packet. Overall, Mayor Knopp said this was a workable ordinance that they could use for one year and after that year they could reconsider the fees and the approval process. He urged the Committee to pass this forward to the Common Council with the previously discussed changes.

Mr. Coffey thanked Mayor Knopp and commended the Committee for their support.

Mr. Poruban discussed several other changes in the ordinance and asked that the Committee consider a fee of $250 as the application fee.

Mr. Coffey disagreed with raising the application fee as this is only for one year, after that time if there is a lot more work involved it can be raised at that time. He said they would not want to discourage business owners in the first year.

Discussion ensued. It was agreed that the fee would remain at $100.

** MR. MCQUAID MOVED APPROVAL OF THE RECOMMENDED CHANGES.
** MOTION PASSED UNANIMOUSLY.

** MR. MCQUAID MOVED APPROVAL TO FORWARD THE ORDINANCE TO THE COMMON COUNCIL ON TUESDAY MAY 24, 2005.
** MOTION PASSED UNANIMOUSLY.

Mr. Coffey said regarding the loitering public hearing he was pleased to see so many members of the public and they should revisit many of the points. He pointed out that he had done research regarding the loitering issue and this will be a good tool.

Mr. Poruban asked for clarification regarding the taxing districts.

C. ETHICS

Mr. Coffey said they hoped to appoint an Ethics Committee and to revise the ordinance some time during the summer. He said that he appreciated the committee’s support thanked them.

ADJOURNMENT

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

The meeting was adjourned at 10:00 pm.

Respectfully submitted,

Kate Kye
Telesco Secretarial Services

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