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ORDINANCE COMMITTEE MINUTES

Proposed Ethics Ordinance - Draft 4/19/2007

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CITY OF NORWALK
ORDINANCE COMMITTEE
JUNE 19, 2007

ATTENDANCE: Michael Coffey, Chair; Carvin Hilliard; Matthew Miklave;
Kelly Straniti; Douglas Sutton

STAFF: Peter Nolin, Corporation Counsel

Mr. Coffey opened the public hearing at 8:02 p.m.

PUBLIC HEARING

ADDITION TO CHAPTER 103-TAX ABATEMENT FOR VOLUNTEER EMERGENCY SERVICE WORKERS OF OTHER MUNICIPALITIES AND INTERTOWN AGREEMENTS

There were no members of the public who wished to speak about this item. Mr. Nolin said that he had spoken with Yvonne Klein, First Selectwoman of Darien who was strongly in favor of this item.

The public hearing was closed at 8:03 p.m.


ROLL CALL

Mr. Coffey called the Roll and announced that they had a quorum.


ACCEPTANCE OF MINUTES

NOVEMBER 21, 2006

** MR. SUTTON MOVED TO APPROVE THE MINUTES OF NOVEMBER 21, 2007

The following correction was made to the minutes:

Page 3, 4th and 5th sentence from the bottom should read as follows:

Council Member Sutton suggested to Council Member Hilliard that he in include (if possible) additional research regarding the relationship (if any) between excessively low pay and participation in petty crime.

It would seem that among the many positive societal benefits of a living wage would be that workers earning sufficient income to pay their bills would not need to work two or three jobs and could spend more quality time with their families, become more positively involved in their community, and (depending on the results of your research data) not participate in petty crime.

** MOTION PASSED UNANIMOUSLY

DECEMBER 21, 2006

** MR. HILLIARD MOVED TO ACCEPT THE MINUTES OF DECEMBER 21, 2006 AS PRESENTED
** MOTION PASSED WITH THREE (3) ABSTENTIONS (MS. STRANITI; MR. SUTTON; MR. MIKLAVE)

FEBRUARY 20, 2007

** MR. SUTTON MOVED TO ACCEPT THE MINUTES OF FEBRUARY 20, 2007
** MOTION PASSED WITH TWO (2) ABSTENTIONS (MR. MIKLAVE AND MS. STRANITI)

APRIL 30, 2007

** MR. HILLIARD MOVED TO ACCEPT THE MINUTES OF APRIL 30, 2007
** MOTION PASSED WITH TWO (2) ABSTENTIONS (MR. MIKLAVE AND MS. STRANITI)

MAY 15, 2007

** MR. SUTTON MOVED TO ACCEPT THE MINUTES OF MAY 15, 2007
** MOTION PASSED WITH THREE (3) ABSTENTIONS (MR. MIKLAVE; MR. HILLIARD; MS. STRANITI)

MAY 24, 2007

** MS. STRANITI MOVED TO ACCEPT THE MINUTES OF MAY 24, 2007
** MOTION PASSED WITH ONE (1) ABSTENTION (MR. MIKLAVE)

OLD BUSINESS

PROJECT LABOR AGREEMENTS

Mr. Coffey said that he and Mr. Hilliard created a draft agreement. This will be discussed at the next meeting.


SUMMER JOBS: REVIEW OF ORDINANCES AND INVESTIGATION OF SUMMER 2005 INCIDENT

Mr. Coffey said that he ordered a packet from the Connecticut Conference of Municipalities. He said that it included a lot of information about background checks. He said that it appears that the fee to conduct background checks is waived for municipalities.

Mr. Sutton said that he read this several times and as a senior the thought came to mind that there are a lot of organizations that require kids to do community service. He said that it seems like kids and adults are enemies and does not recall that being the case when he was younger. Mr. Sutton said that he recognizes that it is the responsibility of the adult to move young people into the future, but there should be some balance.

Mr. Coffey said that as a Committee they have to decide if they want to mandate background checks. Mr. Sutton said that he finds it to be demeaning and believes that it will keep people from volunteering.

Mr. Miklave said that this is a difficult issue and the Committee and the Common Council need to tread carefully. He said that the idea of mandating criminal background checks for employees and volunteers is built on the premise that can’t be verified by data. Mr. Miklave said that the kinds of crimes they are talking about are hidden crimes that occur among family members and people who know the victims, rather than between strangers

Mr. Miklave said that in the employment context there is a clear justification for background checks, such as finding out if an applicant is being truthful. He said that he was not sure if the same validation works in the volunteer context. Mr. Miklave said that there are strong statistics indicating an adverse impact to minorities. In addition the question would be would the crime be job related.

Mr. Hilliard said that he agreed with both Mr. Sutton and Mr. Miklave. He suggested leaving the decision up to each agency to determine what remedy was best. He agreed that it was demeaning to be fingerprinted.

Mr. Coffey agreed that getting fingerprinted was not a pleasant process and said that this is a very difficult question.

Mr. Miklave suggested ensuring that the City provide adequate supervision and support of the summer program.

Mr. Coffey said that a memo would be sent to the Personnel Director detailing the thoughts expressed by the Committee members.

ORDINANCE RESTRICTING MASSAGE PARLORS


Mr. Coffey said that he has spoken with Senator Duff and Chief Rilling about the problem of spas operating as a front for prostitution. He said that he also met with people from the massage community and talked about way to change the Stratford statute to work for Norwalk. Mr. Coffey pointed out that no one has come forward in support of any of the spas.

Mr. Miklave said that prostitution is called the oldest profession for a reason. And there is nothing that the Common Council can do to stamp out prostitution in Norwalk. Mr. Coffey agreed but added that they need to hit the quality of life issue hard. He said that they need to make a dent in what is a significant problem in Norwalk.

Ms. Straniti said that she agreed with Mr. Miklave. The ordinance will not stop prostitution in Norwalk, but it is a beginning. Massage parlors are blatant houses of prostitution; at least an ordinance can help crack down on them. She said that everyone who comes to Norwalk is familiar with what is going on. Everyone knows the difference between Nirvana and Born of Earth Spa. This ordinance would be helpful.

Mr. Hilliard said that the scope of this Committee can’t stamp out prostitution, but they are going in the right direction to make it difficult for massage parlors to operate in Norwalk. Mr. Hilliard said that they can’t have only one person in the massage parlor with a license. All of the therapists have to be licensed. He added that if massage therapist is licensed, they will think twice before running afoul of the law.

NEW BUSINESS

RETIREE MEDICAL TRUST ORDINANCE

Mr. Gilden said that this item came out of the Finance Committee. He explained the item. Mr. Miklave asked who had created the ordinance. Mr. Gilden said that Shipman & Goodwin drafted the ordinance. Mr. Miklave acknowledged that he had no control over what the City put into the fund and whatever reservation he has is independent of the ordinance.

Mr. Gilden said that Darien and Greenwich do this. He added that the rating agencies look at this and if the municipalities want to stay AAA they will have to do something. Mr. Miklave said that they are taking money that is needed out of the operating fund to address actuarial issues that may or may not come to fruition. Mr. Miklave explained his reservations with the actuarial assumptions.

** MR. HILLIARD MOVED THIS ITEM TO A PUBLIC HEARING
** MOTION PASSED UNANIMOUSLY

ORDINANCE RESTRICTING MASSAGE PARLORS (continued)

Mr. Miklave suggested that the Committee members look at the ordinance distributed by Mr. Coffey and then agree whether or not this was the ordinance they wanted published. He said that he has not had time to read the proposed ordinance, and therefore did not feel prepared to send it to a public hearing. Mr. Coffey said that they could hold additional public hearings, if necessary if there are substantial changes.

** MR. HILLIARD MOVED THIS ITEM TO A PUBLIC HEARING
** MOTION PASSED WITH ONE (1) ABSTENTION (MR. SUTTON) AND ONE (1) VOTE IN OPPOSITION (MR. MIKLAVE)

There was no further business and the meeting was unanimously adjourned at 9:00 p.m.


Respectfully submitted,

Rosemarie Lombardi
Telesco Secretarial Services

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