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Legislative Council Discusses Noise Ordinance;
Approves Motion for $2M Appropriation
By: Linda Zukauskas 09/12/2009
NEWTOWN - The Legislative Council discussed noise and zoning enforcement ordinances at its meeting Wednesday, September 2.

Council members also approved a motion for a special $2 million appropriation for police radio enhancements, the Treadwell pool renovation, Park and Recreation Maintenance Facility interior renovations, Dickinson Park infrastructure renovations and replacement of pumper truck 221.

During public participation, Dina Wolfman, 30 Obtuse Rd., thanked the council for proposing a noise ordinance and said it was long overdue.

Ms. Wolfman has reviewed similar ordinances for other towns and she submitted detailed comments on the draft ordinance for Newtown.

The state Department of Environmental Protection must approve noise ordinances. Ms. Wolfman said she expects the DEP to approve her comments because the DEP approved the same wording for other towns.

Vice Chair Francis G. Pennarola said the council will take action on the ordinance after the public hearing. At that time, members would also have input from the Economic Development Commission.

Mr. Pennarola said the council is happy to receive all comments.

Deputy Director of the Land Use Agency Rob Sibley asked the council to approve a new ordinance that would help the Land Use office enforce regulations.

Current ordinances allow town employees to act through proper notification and court action to address violations.

The proposed ordinance allows the Land Use and other town departments to implement a fine to expedite the enforcement of regulations.

The ordinance would save the town time and energy and empower the violator by providing a forum in which the violator could be heard, Mr. Sibley said.

Mr. Sibley compared the ordinance to a ticket or citation system.

The violator would receive notice and decide whether or not to contest it. If contested, there would be a show cause hearing and, if upheld, the matter would go to court.

The town would not need to place an injunction or use other costly processes to get to court.

In court, a judge would see the information from the show cause hearing and the violator would have the opportunity to respond.

The town could settle minor infractions such as illegal burns out of court.

"What it allows the town staff to uphold is tremendous," Mr. Sibley said.

In response to a question from council member Gary Davis, Mr. Sibley added that this does not nullify any other process currently used by the town and there are other "tools in the tool belt" for serious problems.

Council member Patricia E. Llodra said the ordinance committee vetted the ordinance and there has already been a public hearing on it.

The council thanked Mr. Sibley for his presentation.

Ruby Johnson, 16 Chestnut Hill Rd., Sandy Hook, spoke during public participation, asking council members to question the contents of the Capital Improvement Plan when they discuss it in the near future.

She pointed out discrepancies between what appears in the CIP and what is delivered, referring to playing fields that will not be built despite an expectation that they would.

Mr. Pennarola pointed out that the council is currently examining the process of the CIP and not the content.

First Selectman Joe Borst reported that as of September 1, the pension plan had made back enough money to bring it almost back to where it was before the market went down.

Council member Joseph Dicandido said that the town did not earn the eight percent interest so the money is not at the level planned for it to be at this time.

He said that the town is still hiring employees and offering the same level of benefits, but not earning the interest to sustain those expenditures.

He is concerned the town will have to increase taxes if the pension plan does earn the eight percent needed to meet contractual commitments.

Mr. Borst said the Pension Board would meet with the Board of Finance on September 12 and he would bring the council's concerns to their attention then.

The council approved a $92,000 transfer to cover new technology equipment that will be used to broadcast town meetings from the new municipal building.

Ms. Llodra said the process required the bidders to demonstrate they were capable of designing, installing and maintaining the complex system.

She said any government group or agency meeting in that room would have access to the equipment. While not every board or committee will want to use it, there will probably be competition for the space, given that many meetings take place on the same night.

Mr. Borst emphasized there would be no more change orders for Fairfield Hills.

He said there was a tentative schedule to move the municipal offices to the new campus. The Information Technology Department will move first, on September 18, to prepare the office spaces.

On October 8, the Kendro building offices will close at noon and remain closed through the weekend to allow time for the move.

The Edmond Town Hall move will occur on October 23. Those offices will close at noon on October 22, followed by the Board of Education on October 30; those offices will close at noon on October 30.

Mr. Borst said there would be an open house for the public after everyone is settled.

The council unanimously approved a $98,000 transfer to cover costs from the new police contract, settled after the budget process. The amount includes a three percent wage increase for police sworn personnel.

Council members unanimously approved a $12,000 transfer to cover a pension contribution. There was some confusion over whether the town or health district was paying this contribution, but the budget states this item is paid by the town.

A $566,000 transfer to cover new equipment for the fire department came before the council.

Mr. Dicandido asked if the fire department couldn't squeeze another year out of the old trucks.

Michael Burton from the Board of Fire Commissioners responded they had already put off both trucks for two years, costing the town $8,000 to $10,000 in repairs every year.

He added that changes in emissions standards would increase those costs to $35,000 if the department retained the old trucks.

The board unanimously approved the transfer.

When the board approved the $2 million appropriation for town infrastructure improvements, Mr. Dicandido opposed because he was unsure the items purchased with the bond would last 20 years.

Council member John Aurelia, Sr., abstained because he wanted to have more information before he cast his vote.

Mr. Pennarola noted that the voters will approve the bond or not, based on whether or not they have sufficient information.


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