ATTENDANCE: Michael Coffey, Chairman; Doug Sutton; Kelly Straniti

STAFF: Peter Nolin, Corporation Counsel

OTHER: Hal Alvord, DPW; Marija Bryant, Historical Commission;
Doug Hempstead

CALL TO ORDER

Chairman Coffey called the meeting to order at 8:00 p.m.

ROLL CALL

Chairman Coffey read the roll call and said they did not have a quorum.

PUBLIC HEARING: a) Water Pollution Control Authority (WPCA)

Chairman Coffey said that there were no members of the public who had signed up to speak.

He asked Mr. Hal Alvord, Director of the DPW, to talk about the changes in the WPCA. Mr. Alvord explained that the proposed revisions to Chapter 113, the WPCA, provide the opportunity for three members of the Authority, of the seven members, to appoint alternates to attend meetings on their behalf. The three members would be the Mayor, the Chairman of the Board of Estimate and Taxation, and the Council President. Chairman Coffey recognized Mr. Hempstead from the audience, who said that currently there is no minority party representation on the WPCA, and he suggested that they might want to consider adding another person to the Council from the other side. It should be balanced representation. Mr. Alvord said that there is an odd number on the Authority now, and if they add another person, it would offer the possibility of having a 50% chance of having a quorum.

Attorney Nolin said that he will draft the provision to say that the three people from the Council will be the President, the Chairman of the Public Works Committee, and one other Council member, provided that there should be no more than two representatives from one party.

Chairman Coffey closed the public hearing portion of the meeting at 8:05 p.m. He said he will move the item up to Council himself, as there was no quorum. He proposed that Mr. Nolin make the amendment to the WPCA, consisting of three Council members, the Council President, the Chairman of the Public Works Committee, and a member of the minority party, with no more than two members of a party on the Committee.

MINUTES

The minutes were not available.

OLD BUSINESS

a) Water Pollution Control Authority (WPCA)

b) Eminent Domain

c) Temporary Demolition Moratorium

Chairman Coffey explained that they had sent for information on the temporary demolition moratorium, and they received the legal opinion back, stating that it is outside of their grant of power. They do not have the authority by statute to work on this. He said they will send it to the Zoning Commission, and ask them to review it and see what they can do and if it is within their scope of ability. It might be appropriate to slow down the demolition process until the regulations are corrected. The area shows a dire need for the Master Plan to be completed. Attorney Nolin said that from Attorney Lasberg’s information that was circulated to the Committee, there is a State statute that expressly provides that municipalities cannot have a demolition moratorium of longer than 90 days.

There is a common-law line of cases, including cases from the U.S. Supreme Court, saying that moratoriums in a zoning context that are regulatory can be acceptable under certain conditions, but not for too long of a period of time and if it is done for a regulatory reason. The one that has been accepted is the potential change in law or a time period in which the body wishes to consider new regulations or hear actual changes in the Master Plan, and it has been upheld as a valid purpose for a temporary moratorium on certain types of development. He said they were trying to accomplish that with the demolition moratorium, saving certain single-family or two-family housing from the wrecking ball to be replaced by multi-family condominium developments. He said that the Zoning Commission could look to the same type issue, and they could possibly give them, if asked, an opinion that it could be done legally within certain parameters. It was agreed that the minutes of this meeting be provided to the Zoning Commission. Chairman Coffey said he appreciated the efforts of Attorney Nolin and his staff, and he said that it is an important quality of life issue for the City of Norwalk to maintain Norwalk as it is.

Ms. Marija Bryant from the Historical Commission said she was in agreement with all that was said. She thanked the Ordinance Committee for evaluating the Historical Commission’s request for a temporary stay of the teardowns. It was their hope that this could be a tool to protect their resources while the Master Plan is developed. She said that the neighborhoods have been bombarded with teardowns, and denser developments are being built. They are told that this is normal and healthy, and growth is important to Norwalk’s economic development. They agree that growth is good, along with building jobs and increasing economic development. They hope to put some type of moratorium in place so they can concentrate on putting a plan forward to encourage good growth and good development. They have heard a consistent theme from neighbors across the City about the Master Plan, as-of right and zoning issues, and what direction the City is moving in regarding development. Ms. Bryant urged the Committee to look at what they want to be as a city and community, to put a professional Master Plan in place, and to have perfect growth, good neighborhoods, and good preservation.

Chairman Coffey agreed that development is needed, and it is good and necessary for the City. He asked Attorney Nolin to ask Mr. Greene to keep the Ordinance Committee apprised via memo each time the Historical Commission comes up on the agenda, as well as any action items.

He said that the Ethics Committee will meet next month. There will be a public hearing in October. He thanked Attorney Lasberg for her great work, assistance and counsel, and he said she will be missed on the Committee.

NEW BUSINESS

Attorney Nolin said that he was advised by Mayor Moccia that there may be a change in State law that would now permit the city to increase local fines from $99.00 to $250.00. He said that they should consider reviewing the entire code to get full penalties. All the revenue comes back to the City.

Chairman Coffey said they have reached a partial victory on Eminent Domain.

ACTION ON BUSINESS ITEMS

There was no action on business items.

ADJOURNMENT

** MR. SUTTON MOVED TO ADJOURN.

** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 8:20 p.m.

Respectfully submitted,

Carolyn Marr
Telesco Secretarial Services

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