CITY OF NORWALK
ORDINANCE COMMITTEE
AUGUST 16, 2005

ATTENDANCE: Michael Coffey, Chair (7:46 p.m.); Matthew Miklave;
Kevin Poruban; Douglas Sutton; Peter Wien;
Mayor Alex Knopp (7:45 p.m.)

STAFF: Louis Ciccarello, Corporation Counsel

ROLL CALL

Mr. Poruban called the meeting to order at 7:38 p.m. and called the Roll.

MINUTES

** MR. SUTTON MOVED TO ACCEPT THE MINUTES OF JUNE 21, 2005 AS SUBMITTED
** MOTION PASSED WITH ONE (1) ABSTENTION (MR. WIEN)

NEW BUSINESS

A. CHAPTER 59A – ARTICLE II – FAIR HOUSING ADVISORY COMMISSION

Mr. Wien commented that in the letter addressed to Mr. Coffey from Attorney Ciccarello, and dated July 21, 2005, the name Judge Alan B. Burns is incorrect and should be Judge Ellen B. Burns.

Attorney Ciccarello explained that he distributed a revised ordinance and pointed out the corrections to 59A regarding the Fair Housing Advisory Commission.

** MR. MIKLAVE MOVED TO SUBSTITUTE THE AUGUST 15, 2005 FINAL DRAFT FOR THE DRAFT THAT WAS BEFORE THIS COMMITTEE
** MOTION PASSED UNANIMOUSLY

Mr. Miklave asked Attorney Ciccarello if there was an issue of timing on this matter. Attorney Ciccarello said that it should be addressed as quickly as possible.

** MR. MIKLAVE MOVED TO SEND THIS ITEM TO A PUBLIC HEARING AT THE ELECTION OF THE CHAIR
** MOTION PASSED UNANIMOUSLY

Mayor Knopp arrived at 7:45 p.m.

Mayor Knopp said that he would like to speak in favor of the Fair Housing Advisory Commission ordinance.

Mr. Coffey arrived at 7:46 p.m.

Attorney Ciccarello explained to the Mayor that this item has been moved to a public hearing. Mayor Knopp said that he hoped that the public hearing could be held as quickly as possible. There needs to be a conclusion of this item that has been pending for many years.

Mr. Coffey took over the Chairmanship of the meeting.

Mayor Knopp left the meeting at 7:50 p.m.

B. CHAPTER 92 –SEPTAGE DISPOSAL

Mr. Alvord, Director of Public Works said that the proposed changes address corrections to the current structure of the management oversight. Septage disposal is now under the auspices of the Water Pollution Control Authority. The major change is operationally in the way they do business with the septic haulers. Mr. Alvord explained the procedure.

Mr. Coffey asked why septage disposal was being taken from the Department of Public Works. Mr. Alvord explained that it is because the WPC oversees the operation of the Waste Water Treatment plant.

** MR. MIKLAVE MOVED TO SUBSTITUTE THE REVISED CHAPTER 92 SPETAGE DISPOSAL DOCUMENT DATED AUGUST 15, 2005 FOR THE DRAFT THAT IS BEFORE THIS COMMITTEE
** MOTION PASSED UNANIMOUSLY

** MR. MIKLAVE MOVED TO SEND THE ORDINANCE AS PROPOSED TO A PUBLIC HEARING AS DIRECTED BY THE COMMITTEE CHAIR
** MOTION PASSED UNANIMOUSLY

Mr. Coffey apologized and explained that there was a mix-up and the Litter Ordinance was supposed to be included on this agenda.

Mr. Alvord said that he was not sure if he was the gatekeeper for moving forward on that ordinance. He said that in December of last year, the DPW proposed changes to provide for proposals that have plagued the City for a number of years.

Mr. Alvord said that there is a problem with trash being contained in plastic bags. A significant proposal in the solid waste proposal would require that all garbage be placed in lidded trash containers and proposes the hours when the trash containers can be put out on the street.

There is no City ordinance for illegal dumping. If someone is caught, the maximum fine is $99.00; however, under the State statute, someone can be fined $5,000 for illegal dumping. They are also proposing changes that would address hand bills. Mr. Alvord said that the staff would like to see consideration of changing chapters 94 and 95.

Mr. Coffey said that they will discuss this matter further at the next meeting and hold a public hearing in October.

Mr. Alvord said that funding is in place to build a special waste collection facility to collect electronics, computers, appliances and other items.

C. EMINENT DOMAIN

Mr. Coffey said that recently there was a Supreme Court decision made about Eminent Domain. The State has not acted on or implemented any statutes. This is a very serious issue that affects the life and liberty of residents.

Mr. Wien said that the Supreme Court decision was egregious and if this Committee decides to do something about it, they should invite Chris Perone to attend a meeting. Mr. Coffey agreed and said that he along with Mr. Perone, Mr. Duff will also be invited to the next meeting. Mr. Sutton also suggested inviting Mr. Cafero, Mr. Mann and Mr. Sheehan.

Attorney Ciccarello said that there are over 80 State Statutes regarding Eminent Domain. He added that there is existing litigation against Maritime Motors. There is an existing supreme court case pending. Norwalk has a current case pending on Eminent Domain and the State of Connecticut is an area where legislation controls Eminent Domain. It is generally recognized to be a State issue.

OLD BUSINESS – ETHICS

Mr. Coffey said that the Ethics Committee will be meeting next Thursday evening and he was asked to serve as their Chair. They will discuss procedures at that first meeting. Mr. Coffey thanked this Committee because they were the impetus for creating the Ethics Committee.

ACTION ON BUSINESS ITEMS

There was no discussion under this item.

ADJOURNMENT

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

There was no further business and the meeting was unanimously adjourned at 8:15 p.m.

Respectfully submitted,

Rosemarie Lombardi
Telesco Secretarial Services

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