MINUTES
WATERTOWN TOWN COUNCIL
REGULAR MEETING
POLK SCHOOL LIBRARY
MONDAY, MARCH 18, 2002, 8:00 P.M.
PRESENT: Lee Archer, Chairman
Raymond Hebert, Jr., Vice Chairman
Robert Kane
Jean King
Raymond Primini
Paul Rinaldi
Richard Wick
ABSENT: Elaine Adams
Paul Valenti
OTHERS PRESENT: Larry Black, Fire Chief
Charles Frigon, Interim Town Manager
Frank Nardelli, Assistant Town Manager/Finance Director
1. Call Meeting To Order
Mr. Archer, Chairman, Called the Meeting to Order at 8:01 p.m.
PROCLAMATION Red Cross Month
Mr. Archer, Chairman, read aloud the following Proclamation:
"PROCLAMATION
WHEREAS, since its founding in 1881, the American Red Cross has reflected and responded to what are recognized as basic values of this nation; individual responsibility and neighborly concern.
WHEREAS, when our nation experienced a grievous tragedy on September 11, the people of the Red Cross gave their time an their hearts in unprecedented ways to bring comfort and peace to those in need and rebuild their lives in time of great sorrow.
WHEREAS, in Connecticut alone, the Red Cross responded to more than 500 Connecticut disasters last year providing food, clothing, shelter and mental health support to more than 800 Connecticut families; and
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March 18, 2002
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WHEREAS, people have counted on the Red Cross for the information and skills they need to be safe at home, at work, at school and at play. Last year, Red Cross chapters in Connecticut trained more than 171,000 people in lifesaving skills like CPR and first aid, automated external defibrillators, life guarding and water safety, HIV/AIDS, education and workplace safety; and
WHEREAS, the American Red Cross provides lifesaving blood and blood products whenever and wherever needed always with the safety of the blood supply as its number one priority.
THEREFORE BE IT RESOLVED, that in gratitude for al the indispensable services which the American Red Cross provides to the people of our town, state, and nation, and in tribute to the selfless and hard working men and women of one of our nations largest volunteer agencies, I am proud to designate March, 2002 as Red Cross Month in Watertown.
Dated this 18th day of March, 2002.
Lee Archer, Chairman
Watertown Town Council"
2. Roll Call
Ms. LaForme, Board Clerk, executed the Roll Call.
Mr. Archer, Chairman, reported that Mr. Valenti was absent because he was out of State on business, and Mrs. Adams was absent because her son returned home from active duty in Bosnia.
3. Pledge of Allegiance
Mr. Archer, Chairman, led the Pledge of Allegiance.
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March 18, 2002
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4. Public Participation
Kai Leszkowicz, 53 Cutler Knoll, Watertown, CT 06795
Mr. Leszkowicz: Just before your meeting I came and participated in the subcommittee meeting for the skateboarding ordinance, and also the noise ordinance, but it was mainly just for skateboarding. We had a long discussion and several people talked, and I felt kind of confident after what we heard. I feel that what Mr. Richard Wick will bring to your attention later is something that should be in effect, and that what he will say to you is a suspension of the ordinance, or almost a total repeal of the ordinance would be in both of our interests, well mainly for skateboarders, and in your interest to see what a repeal for the order would feel like. For example, in two weeks see how skateboarders can react to how they have this freedom, how they can use theTown now, and if you feel that its been taken out of hand, or if its fine for a repeal until the fact that we can have a skateboard park in place for safer skating in Town, and I feel for both of us that would probably be better.
Susan Chowaniec, 15 Heminway Court, Watertown, CT 06795
Ms. Chowaniec: Im here again for the skateboarders too, but also to represent the younger children that like to skateboard. They dont necessarily skateboard on the street, because theyre not old enough, but were just here to show support for the older skateboarders. They do need a place to skate, and hopefully we can work together as a community and try and get a skateboard park. I know there are a lot of things to consider, a lot of people want different things, a Lacrosse field, etc., etc., but again I just wanted to say were here to show our support for the skateboarders. We hope that it gets repealed also.
Josephine Labbe, 37 Glenhollow Road, Watertown, CT 06795
Ms. Labbe: I just feel that you should repeal it. The kids arent doing anything wrong. Its a sport; theres, not much for them to do in this Town, and arresting them for riding a skateboard is ridiculous.
Mr. Archer: Is there anyone else wishing to speak at this time? Hearing none, well Close Public Participation.
Mr. Archer Closed Public Participation at 8:08 p.m.
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March 18, 2002
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5. Minutes
A. Regular Meeting Minutes March 4, 2002
MOTION: (Mr. Kane, sec. Mr. Hebert) to Approve the Regular Meeting Minutes dated March 4, 2002 as presented.
Discussion: None
MOTION PASSED UNANIMOUSLY
6. Sub-Committee Reports
A. Ordinance Subcommittee (03/18/02 Meeting)
Mr. Wick: You already heard what we talked about. The Ordinance Subcommittee passed a Motion to recommend to the full Council that we establish a date for a Public Hearing to consider repealing the skateboard ordinance.
MOTION: (Mr. Hebert, sec. Mr. Wick) to add Agenda Item 8F, to consider the repeal of the skateboard ordinance.
Discussion: None
MOTION PASSED UNANIMOUSLY
Mr. Wick: The other issue is a holdover from the meeting the Ordinance Subcommittee had on February 19th, where we voted to recommend to the Chairman of the Council that he charge the Park and Recreation Commission with the project to come up with additional locations for skateboarding, as soon as possible.
B. Public Works (03/13/02)
Mr. Primini: A meeting was held on March 13th. The Bunker Hill/Middlebury Road realignment will be starting shortly. We also met with a couple of citizens involving flood control problems. Hopefully prior to the next meeting, I believe its going to be on April 9th, well be arranging a tour of those areas at the same time, so if anybody is interested in going, just contact us.
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C. Executive Buildings Committee (03/14/02 meeting)
Mr. Archer: We met on March 14, 2002 at Trumbull School. There are 10 of us at this point on the E.B.C., so its a little bit of an unwieldy size for a subcommittee. It was a little bit disjointed because there were an awful lot of new people on it, even though there were some carryovers from the previous incarnation of the E.B.C. It was definitely a lot of new people so we had to sort of figure out where we were at. What we had determined is there are at least three different punch list of items that still need to be corrected at Trumbull School, each one in possession of different people. I volunteered to collect all of those and sort of marry them all into one big punch list, and then Chuck will reviewthose with the department heads involved in the decision-making processes for those various items. For example, if its erosion control that would involve Mary, and so on. We have not scheduled a time for a second meeting. That will be determined somewhat on how quickly I can compile all of those items, and Im still waiting for a copy of one of the lists from one of the people on the committee.
D. Finance Subcommittee
Mr. Kane: We began meeting on March 5, again on the 6th, the 12th, and the 13th. We have another meeting on March 20th, and most importantly, Tuesday, March 26th, will be the Finance Committees Budget Review Session. We plan on having most of our questions answered at that time, I hope. Id like to thank Chuck, our Acting Town Manager, for taking extra time and taking myself around to the different facilities throughout Town to really get a good grasp on how much the Town does and the amazing work that the department heads do with what they have. Thank you again, Chuck, for that. I appreciated that very much. It helped the budget process movealong quickly.
E. Facility Subcommittee (03/11/02 Meeting)
Mr. Primini: We met on March 11th and discussed the needs assessments of the various Town buildings. Also on the Agenda was the possible disposition of Griffin School and the possible uses for it. The next scheduled meeting is the second Monday of next month, and well possibly meet with contractors or other interested parties for the possible uses of Griffin School.
7. Chairmans Report
A. Correspondence
None
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March 18, 2002
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B. Town Office Internet Update
Mr. Archer: As you may recall a few weeks ago we approved a transfer of some funds to give each of the different Town Hall locations high speed internet access via cable modem. As of this past Wednesday, the Town Hall, the Town Hall Annex, the Fire Department Company #1, the Police Department, and the Depot Square Offices have all been equipped with high speed internet access. Sandy Rosenberg, the Head of I.T., is presently in the process of installing the computers with the required software to access that. Chuck, is that pretty much all of the locations at this point?
Mr. Frigon: Those are the 5 locations that will be equipped.
C. Police Department Roof Update
Mr. Archer: The Public Buildings Committee, at their March 13th meeting, which we referred to before, one of the things they did was they received a recommendation from the architect for the design of the Police Department roof, to consider the low bidder on the project, and the Committee has made arrangements to interview Gold Seal Home Improvement of Torrington. Their objective is to have a contract signed prior to April 1st of this year.
D. Deland Field Update
Mr. Archer: At the last meeting, March 4th, we had discussed what we were doing with the $50,000 in grant funding that was to be used for the purchase and installation of bleachers and a new fence to be installed at Deland Field. In the last report we had come to the conclusion that we would end up with a $13,000 balance from that grant, based on the cost of the bleachers and the cost of the fence, however, it turns out that the bid on the bleachers was only for a bleacher, not bleachers, so the actual cost of the bleachers and the fence is $49,000, leaving a balance of $608, a significant difference. Chuck, do you have any idea how large these are, how many people these seat, to give us some kind of scale?
Mr. Frigon: We looked at so many different bleachers, but I believe that this particular system is a 5 riser bleacher system, perhaps 15 feet long. We varied from 4, to 5, to 8 to 8 requiring footings, but I believe that this is what we (inaudible). I dont know how many people it seats.
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March 18, 2002
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E. C.R.R.A. Status of Tip Fee
Mr. Archer: We have received two different pieces of correspondence. The first was written by C.C.M., the Connecticut Conference of Municipalities, and it was forwarded to C.R.R.A. We received a copy of it, we were CCd on it. The letter was written to Robert Wright, whos the President of C.R.R.A. They suggested two immediate actions.
Mr. Archer read aloud the following excerpt from a letter from Joel Cogen, Executive Director and General Counsel for C.C.M., to Mr. Robert Wright, President, C.R.R.A., dated March 7, 2002:
"1. Reconvene the CRRA Board of Directors to reconsider and then revoke the increase in the tipping fee and the new charge on recyclables.
Towns and Cities should not be forced to shoulder this unfair mandate. Imposing this assessment burdens municipal budgets and diverts attention from efforts at substantive mitigation and restitution.
2. Discontinue efforts to seek a declaratory judgment or the legality of the transaction.
A rush to judgment on that front could imperil endeavors to avoid a tipping fee increase and to recoup the $220 million in public monies transferred in the deal. Any legal action by CRRA should be carefully considered and coordinated with the Governors new panel, the Attorney General, municipal parties, and others so that the interests of the public are served."
Mr. Archer: The other item we received is a letter that was authored by the Mayor of East Hartford, Timothy Lawson, and C.C.M. has suggested that all mid-state project members co-sign this letter.
Mr. Archer read aloud the following excerpt from a letter from Timothy Larson, Mayor, East Hartford, to Honorable John Rowland, Governor, State of Connecticut, dated March 6, 2002 regarding CRRA/Enron:
"We request your intervention into this matter in order to ensure that CRRA works with the Attorney General for the greater good of the taxpayers. CRRAs defensive position and unwillingness to work with the Attorney General will undermine our efforts to obtain a recovery and avoid the additional assessment."
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March 18, 2002
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Ms. King: Mr. Chairman, is it your suggestion that we take any action on that?
Mr. Archer: Yes. Actually C.C.M. included a form that we can sign, and by doing so our municipality will be added to the list of people who have co-signed with him.
MOTION: (Ms. King, sec. Mr. Rinaldi) to endorse the letter originally signed by Timothy Larson from East Hartford to the Governor asking him to become further involved in the CRRA efforts and assuring that the Attorney General is able to act.
Discussion: None
MOTION PASSED UNANIMOUSLY
F. Use of Town Vehicle Policy Update
Mr. Archer: At the last Town Council meeting there was a question raised during Public Participation about what the Towns policy was with regards to using Town owned vehicles for vacation purposes. And there is a policy memorandum on that that the Town Council adopted in 1996, and the policy does not prohibit the use of Town vehicles, but its always been understood that under no circumstances should any department personnel use a Town vehicle in a way that would make them ineffective or unavailable for immediate response. In other words, if theyre going to, in any case, whether theyre using a Town vehicle or not, if theyre traveling out of State or on vacation, there still needs to be some way to contact them. The question was specifically asked if the Town had a procedure in place that documents the mileage driven for personal use, and the answer to that is no, they do not at this time.
G. Grand List Residential/Commercial
Mr. Archer: This is information on the Grand List. Jean, you had asked for this at the last meeting.
Ms. King: Yes, thank you very much. This is exactly what I was looking for.
Mr. Archer: About the breakdown of residential versus commercial.
Ms. King: I was trying to break out commercial and industrial from residential, which this does.
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March 18, 2002
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H. Turkey Brook Funding Update
Mr. Frigon: There was some threat of our funding being revoked. It is still in place and they are working to fund the additional MAA funding requested.
I. Proposed Improvements to Main Street Route 73 Seymour Smith Corner
Mr. Archer: The Seymour Smith Corner is that sharp "S" turn you go through just before you get to, right where Ros Restaurant is, where the Hammer & Nail Brewery is, which I guess apparently was the Seymour Smith building. The State is working on a proposal to, I guess, ease the sharpness of those corners because it is a high accident spot, and they met with Phil Deleppo in February, and its anticipated that a complete project scope and cost estimates will be completed by the State, within 4 to 6 months.
J. OEM Distribution Center Request
Mr. Archer: They are requesting that Towns establish a local distribution center for accommodating disaster relief supplies; yet another mandate from the State. This request has been forwarded to Larry Black, our Fire Chief, and our Department of Emergency Services Chief, David Hardt, and they are investigating this issue. The idea is to possibly sort of sync up with other neighboring communities and spread the burden of this across multiple towns.
K. Other Business
Mr. Archer reported the following:
1. Economic De4velopment Commission Meeting on Thursday, March 21, 2002 at 7:30 p.m. in the Town Hall Annex.
2. Public Buildings Committee Meeting on Wednesday, March 20, 2002 at 7:00 p.m. in the Judson School Library.
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March 18, 2002
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3. On January 7th we had a Public Hearing in this room on an icy, snowy night, and the purpose of the Public Hearing was to determine if there was interest in, or a need for additional park space in Town. And despite the weather we had a pretty full room here. What we heard was really three things: we need more fields, the fields we have are in horrible condition, and we need both of these fixed soon. So what weve done is the Council has invested a significant amount of time in looking for a solution to this problem, but rather than come out with a solution and go here, here it is, its all done, and take it, what we want to do is next Monday, March 25, 2002 at 7:00 p.m. at the Swift School Auditorium were going to have apresentation to show you what weve done on this project thus far and propose what may be a potential solution to both of these problems. What were looking for is the public to come out and give us their feedback and what they think of this idea. So again, that will be next Monday, March 25th, 7:00 p.m. in the Swift School Auditorium.
Ms. King: Chuck, you gave us the Minutes of the C.O.G. Meeting which I think is the one where they talked about the roads . . . . but I noticed in there, there was a thing about applications for mini buses and that Watertown was one of them that got an application in on time, and they prioritized them. I wondered where we were on the priority list, because the Minutes dont say. It says endorse the prioritization, but it didnt say how they put them in order.
Mr. Frigon: We are 4th on the priority list.
Ms. King: Out of 5?
Mr. Frigon: Out of 5.
8. Action Items
A. Consider Appointments to Boards and Commission
The terms of various boards and commissions have expired or are expiring. Appointments must be made to fill these vacancies.
None
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March 18, 2002
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B. Consider Acceptance of Carola Drive into the Town of Watertown Road System
Upon the recommendation of the Director of Public Works, the Planning and Zoning Commission voted to approve Carola Drive into the Watertown Road System. The Town Council must consider approval of a resolution to finalize the acceptance.
"RESOLUTION
WHEREAS, the Watertown Planning and Zoning Commission at its meeting held in October, 2001 voted to recommend that the Watertown Town Council accept the following described streets into the Town of Watertowns road system:
CAROLA DRIVE from Hamilton Avenue, southwardly, a distance of approximately 1,020 feet (0.193), to a permanent cul-de-sac, being a 50 foot right-of-way and being further shown on a map entitled "Subdivision Plan of Beth View Estates", prepared by Vincent N. Caterino, Registered Land Surveyor, and recorded in the Watertown Land Records as Map #2868.
NOW THEREFORE BE IT RESOLVED, that the Watertown Town Council accepts the recommendation of the Planning and Zoning Commission that the above-described street be incorporated into the Town of Watertown road system.
Dated at Watertown, Connecticut, this 18th day of March, 2002.
Lee Archer, Chairman
Watertown Town Council"
MOTION: (Mr. Kane, sec. Mr. Hebert) that the Town Council accept the recommendation of the Planning and Zoning Commission that Carola Drive from Hamilton Avenue southwardly distance approximately 1,000 feet to a permanent cul de sac being 50 foot right of way be incorporated into the Town of Watertown road system.
Discussion: None
MOTION PASSED UNANIMOUSLY
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March 18, 2002
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C. Consider Authorizing the Participation in the Mutual Financing of CCMs Amicus Curiae Intervention in two Cases:
The Connecticut Conference of Municipalities, based on careful evaluation, will occasionally encourage member municipalities to participate in amicus curiae intervention. CCM is recommending that the Town support these issues.
1. Westport v. Connecticut Siting Council Jurisdiction over Regulating the Location of Telecommunication Towers
MOTION: (Mr. Kane, sec. Mr. Wick) to consider the authorization of the Town Manager participate in the mutual financing of CCMs Amicus Curiae Intervention in the Westport versus Connecticut Siting Council - Jurisdiction over Regulating the Location of Telecommunication Towers.
Discussion: None
In Favor: Mr. Archer, Mr. Hebert, Ms. King, Mr. Primini, Mr. Rinaldi, Mr. Wick
Opposed: None
Abstained: Mr. Kane
MOTION CARRIED (6-0-1)
2. Granite State Outdoor Advertising v. Zoning Board of Stamford Municipal Regulation of Billboards
MOTION: (Mr. Kane, sec. Mr. Hebert) to participate in the Mutual Financing of CCMs Amicus Curiae Intervention in the Granite State Outdoor Advertising versus the Zoning Board of Stamford Municipal Regulation of Billboards.
Discussion: None
MOTION PASSED UNANIMOUSLY
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Regular Meeting
March 18, 2002
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D. Consider Request for Commitment to Proceed to Special Town Meeting for Funding of Town Portion of a Grant for Self-Contained Breathing Apparatus (SCBA) for the Fire Department
The Fire Department has requested that the Town Council approve the concept of going to Special Town Meeting to fund the 10 percent portion of a grant for (SCBA) to be given by FEMA should the grant be approved.
MOTION: (Mr. Hebert, sec. Mr. Kane) to consider a request for commitment to proceed to Special Town Meeting for funding of Town portion of a grant for Self-Contained Breathing Apparatus for the Fire Department.
Discussion: Mr. Wick: Is the total figure the $26,413 on the memo, or the $25,198 in the letter?
Mr. Frigon: No, you would be voting on the $25,198; that is correct. I stand corrected in the memo. Larry, is that correct?
Mr. Black: There was an updated letter sent which was not put in the packet. The updated letter reflects the $26,413. The $25,198 was incorrect and I asked the Secretary to put in the updated letter (inaudible).
Mr. Archer: So the correct total is $26,413?
Mr. Black: Thats correct.
In Favor: Mr. Archer, Mr. Hebert, Mr. Kane, Ms. King, Mr. Rinaldi, Mr. Wick
Opposed: None
Abstained: Mr. Primini
MOTION CARRIED (6-0-1)
Mr. Rinaldi: Are you supposed to set a date for a Special Town Meeting?
Mr. Archer: We should do that.
Mr. Frigon: This is by Motion only. This is nothing more than a mechanism to allow Larry to apply for the grant. He needs your promise that you will . . . .
Ms. King: That we will have a Town Meeting?
Mr. Frigon: (Inaudible) so its by Motion only and thats all thats required.
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March 18, 2002
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E. Consider Transfers
The Town Council is being asked to authorize the transfer of departmental funding between line items.
"RESOLUTION
WHEREAS, expenses in the 2001-2002 fiscal year require the Transfer of Funds.
NOW THEREFORE, BE IT RESOLVED, by vote of the Watertown Town Council, that the following actions are taken relative to the transfer of funds:
GENERAL FUND
AMOUNT: $1,600 NO: 1
FROM: 010-50419-032-0000 Snow, Sand & Salt
TO: 010-50310-034-0342 Engineering, Design/Inspection Fee
REASON: Wetlands evaluation for Guernseytown Road Project
AMOUNT: $5,027 NO: 2
FROM: 010-50419-032-0000 Snow, Sand & Salt
TO: 010-50310-033-1341 Solid Waste, Report on Existing Wells
REASON: Additional sampling and testing required
SEWER
AMOUNT: $1,200 NO: 3
FROM: 015-50690-074-0164 Contingencies
TO: 015-50330-074-0000 Printing & Binding
REASON: Additional Bills required due to malfunctioning printer
WATER
AMOUNT: $1,200 NO: 4
FROM: 017-50690-075-0164 Contingencies
TO: 017-50330-075-0000 Printing & Binding
REASON: Additional Bills required due to malfunctioning printer
Dated at Watertown, CT this 18th day of March, 2002.
________________________
Lee Archer, Chairman
Watertown Town Council"
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Regular Meeting
March 18, 2002
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MOTION: (Mr. Hebert, sec. Mr. Kane) to approve the Transfers from the General Fund as outlined above.
Discussion: None
MOTION PASSED UNANIMOUSLY
F. Consider the Repeal of the Skateboard Ordinance
MOTION: (Mr. Wick, sec. Mr. Hebert) to schedule a Public Hearing to consider the repeal of the Skateboard Ordinance for Monday, April 1, 2002 at 7:00 p.m. in the Polk School Library.
Discussion: None
MOTION PASSED UNANIMOUSLY
9. Public Participation
Gary Jablonski, 133 Inverary Drive, Watertown, CT 06795
Mr. Jablonski: Id like to know where, when, and how meetings are posted, the schedules for the meetings are posted, for subcommittee meetings?
Mr. Archer: I believe both the Town Hall locations, the Annex and the Town Hall on Deforest.
Mr. Jablonski: Are they in any newspapers or anything like that?
Mr. Archer: Public Hearing notices are posted in the newspaper generally but regular subcommittee meetings, no.
Mr. Jablonski: Because I didnt realize there was a meeting before this one. In the Town Times they had scheduled a Regular Meeting, however, there was no mention of a meeting before this.
Mr. Archer: About two Town Council meetings ago I started reading off any meetings that were scheduled, to be part of the public record. Just another effort to make people aware of them.
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Mr. Jablonski: I didnt realize that. Even though its posted there, I guess its kind of tough if you want everybody in Town to go to see the postings at the Town Hall, so youd have a lot of people stopping there. If you could somehow get the information out, either in all the papers, or whatever, some different way.
Mr. Archer: Maybe a calendar of events.
Mr. Jablonski: Yea, something like that.
Mr. Archer: Im not sure if it was you, maybe a month ago came to us and talked about the deplorable state of our Web Site.
Mr. Jablonski: Yea, it has improved.
Mr. archer: Its getting there. One of the reasons why we went for the high speed internet access is because there was only dialup access to it and it was nearly impossible to upload big, thick Minutes documents, so you could see it slowly improving, but maybe thats one of the things we need to put up is . . . . I believe there is a calendar section, but theres nothing in it at the moment.
Mr. Frigon: We were working on that as recently as today. Were working on putting together a system for people who might be responsible for what committee/commission to post those meetings on the Internet so you should find them there on a regular basis.
Mr. Jablonski: Another comment I had was the second Public Participation, is that same agenda format extended to the subcommittee meetings?
Mr. Archer: I dont think it has been, no.
Ms. King: I dont believe subcommittees ordinarily have public participation; its sort of up to the Chair of the Subcommittee to determine whether there would be public participation. We used to have them in the Finance Meetings, but we havent always.
Mr. Archer: The agenda is pretty much up to the Chair of the Subcommittee.
Mr. Jablonski: I have a couple of questions on the Noise Ordinance. Now that it was said at the last Town Council meeting that the Noise Ordinance that was in effect, or that we thought that was in effect for the last 10 years or so is not valid, so Id like to know if the Town Hall and the Police Department have the valid Noise Ordinance through the Torrington Area Health District? If they are aware if someone comes to the Town Hall and asks for a copy of the Noise Ordinance, which one will they give them? Will they give them the old Ordinance or will they give them a copy of the Torrington Area Health Districts Ordinance?
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March 18, 2002
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Mr. Wick: We mentioned, at the meeting that you didnt know about, that we had done some research after the last meeting and found that we do have a letter from the State that basically says that we are covered by the Torrington Area Health District, and therefore the position were taking is that that is our Noise Ordinance at this time. To go further and perhaps answer your next question, we did decide to take the input that weve received so far, much of which came from you, and summarize it all and send it to the appropriate person at the Torrington Area Health District to get their thoughts on incorporating those ideas into their own ordinance, so that if they agree, then your desires will have been achieved and we wont have to reinvent the wheel by coming up with a separate ordinance, so thats the next step were going to be taking.
Mr. Jablonski: That might be the best way, because they already have in existence the Board, the Directors, and someone designated by them to do the enforcement, which is my next question. Right now if there is a noise complaint in Town, how is that enforced? As I mentioned at the last Subcommittee Meeting where I was witness to a noise complaint. Just to review it for the other members here, it was about 1:00 a.m. and there was a radio playing in a car in someones driveway, and I guess someone had called in that there was a car radio playing. When the Police Officer came up, he got out of his cruiser. Im not even sure if he heard the radio playing or not, because as he pulled up it was already turned off, however, and from what I could hear of the conversation, he told the people to keep the radio off. So in light of the present Torrington Area Health District where its required tomake a noise measurement before you determine whether or not the noise is in violation of the Noise Ordinance, would the Police Officer have the same authority to do that under this Torrington Area Health District? Are there other laws or regulations which give him the authority to have someone turn the radio off without doing measurements?
Mr. Frigon: We do have the Police Chief here, and correct me if Im wrong, Jack, but certainly theres a lot of common sense that prevails here. The Police Department is not equipped with any kind of instrumentation that would measure noise, nor are they certified to do so. At 1:00 a.m. if someone calls in a complaint that there is a car in a driveway producing excess noise, and the Policeman is a witness to that, Im certain that a Policeman will, without measuring any noise, approach that person and say, would you please turn your radio off, its 1:00 in the morning, and Im sure that person would respect that authority and do that. In your instance, from what I hear you saying, when the Policeman arrived the radio was already off, so theres not a whole lot of authority that could prevail in that particular instance, but I dont know if that answers your question?
Mr. Jablonski: Yea, it does, but as you say, its excessive noise, but how is that determined, its excess noise, without doing a measurement? All right, so the person thats playing the radio can just say, well its not, because you havent done any measurements. What Im saying though is that it doesnt necessarily have to be a radio, it can be something else.
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March 18, 2002
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Mr. Frigon: If its excessive noise and a complaint is called in, our Police Department is very astute, theyre well trained . . . .
Mr. Jablonski: But how do you know its excessive noise?
Mr. Frigon: Once again, common sense.
Mr. Jablonski: They have to measure it.
Mr. Frigon: Right, youd have to measure it and that requires obviously calling in a certified person with the proper . . . . so once again theyre well trained and theyre certainly very sensitive to peoples sleeping requirements at 1:00 a.m. As far as I know theyve always acted accordingly and theyve somehow suppressed that noise.
Mr. Jablonski: So if theres any device that youre saying is creating excessive noise, then we should be able to call the Police and have them . . . . to turn that device off?
Mr. Frigon: And Im sure that if they dont feel thats a loud noise, and if its a reoccurring noise, then maybe thats one of those instances where we do have to call somebody in at 1:00 a.m. to measure it. For instance, if its a neighbors air conditioner that goes on thats keeping everyone awake, or an air conditioner down at Kmart for instance, that may be something thats measurable, but if its something as transient as a car radio, Im sure that theyre well equipped to handle that.
Mr. Jablonski: Yea, this was one of the issues I had was that if you do it with one device, then you have to do it with another device, cause then if you dont, then thats not affording equal protection. So I dont know what the procedures are right now, and thats what Im really asking, is what the Police would do in a situation like this? What is the procedure that they do? Without now having the prior Noise Ordinance that we have, under this ordinance what is the procedure that they would follow? Are there other, I dont know breach of peace, whatever . . . . .
Mr. Frigon: That would be determined by the Officer at the time, and certainly if you were the one making the complaints and you didnt have satisfaction, you have your Chief. Hes available 24/7, so give him a call and ask him.
Mr. Jablonski: Okay, so basically if they dont determine that they think its excessive, in their judgment, we have to go to the Torrington Area Health District?
Mr. Frigon: Go through the Police Chief to Torrington, because they are the ones subjecting that its not (inaudible).
Watertown Town Council
Regular Meeting
March 18, 2002
Page 19
10. Old Business
Mr. Archer: I dont think theres anything here that requires any specific discussion this evening unless anyone else does.
Ms. King: The sidewalk fund usage. I believe you were at the Finance Committee meeting when we were having the presentation by the Director of Public Works, and some discussion came forward on his interpretation that he had been directed by, or through, somehow, Planning and Zoning to move forward on a certain section of sidewalk, and we said we thought that really that level of decision needed to be made here at the Council.
Mr. Archer: I recall that, yea.
Ms. King: So I would, perhaps if we could ask again Public Works to discuss that, the setting of, the priorities of whats going to be the usage of the sidewalk fund that we could discuss it here? I mean thats what the issue was. If someone is going to move forward on building new sidewalks with monies from the sidewalk fund, the Council should be the one to make that decision as to where thats happening.
Mr. Archer: I absolutely agree. Chuck, can we, at the next meeting, have Phil here and we can have an Open discussion on that?
Mr. Frigon: Okay.
Mr. Archer: A couple of other items before we move into Executive Session I want to just revisit something I mentioned in the Chairmans Report regarding the informational meeting on Monday, the 25th, about recreational needs. There is a flyer thats going around Town. Its printed on orange paper, if Im hearing correctly. It does not have a by-line on it as to who paid for that flyer. It was mailed to 700 people in Town. I just wanted to assure everyone, I know for a fact that it was sent out by the Watertown Oakville Coalition for Parks and Open Space. They paid for that. It was not paid for through any public funds. I just wanted to make sure that everyone was aware of that. It should have had a by-line on it, but it didnt.
Through the Manager, Id like to charge the Parks and Recreation Commission to take a look at whether or not they can provide additional for, if there are any additional spaces that they can designate as appropriate for skateboard use, please.
A. Enforcement of Municipal Ordinances (Tabled 11/20/01) (Ordinance Subcommittee has given final their recommendation to approve ordinance)
B. Code of Ethics (referred to Ordinance Subcommittee)
C. Sidewalk Fund Usage (referred to Public Works Subcommittee 01/22/02)
Watertown Town Council
Regular Meeting
March 18, 2002
Page 20
11. Executive Session
A. Personnel
B. Land Acquisition
MOTION (Mr. Kane, sec. Mr. Hebert) to enter into Executive Session at 8:50 p.m. to discuss personnel and land acquisition.
Discussion: None
MOTION PASSED UNANIMOUSLY
Present During Executive Session:
Lee Archer
Raymond Hebert, Jr.
Robert Kane
Jean King
Raymond Primini
Paul Rinaldi
Richard Wick
Charles Frigon, Interim Town Manager
Frank Nardelli, Assistant Town Manager/Finance Director
Mr. Archer, Chairman, Reconvened the Regular Meeting at 9:33 p.m.
12. Action Items Continued
A. Consider Vote on Personnel Issue Relative to Temporary Purchasing Department and Town Managers Office Staff
MOTION: (Mr. Hebert, sec. Mr. Kane) consider approval of temporary assignment of Town Manager Secretary II to assume the article duties of the Towns Purchasing Agent until the permanent Purchasing Agent assumes his regular duties, with a pay rate of 20% above the present Secretary II rate.
Discussion: Mr. Wick: Does that mean basically the pay is the same as it has been?
Mr. Frigon: Its the same as she has been receiving, thats correct.
Watertown Town Council
Regular Meeting
March 18, 2002
Page 21
Mr. Wick: In essence theres really no change to the cost to the Town, and the major change in personnel is because Lisa has returned full time?
Mr. Frigon: There is no change since January because that Secretary II position has been assuming the Managers Secretary, but there is still that increase of 20% that shes been receiving since January (inaudible).
MOTION PASSED UNANIMOUSLY
MOTION: (Mr. Hebert, sec. Mr. Wick) to consider approval for retaining the services of the Temporary Secretary in the Town Managers Office until the permanent Town Managers Secretary resumes her regular duties, at the present rate of pay.
Discussion: None
MOTION PASSED UNANIMOUSLY
12. Adjournment
MOTION: (Mr. Hebert, sec. Mr. Kane) to Adjourn the Regular Meeting at 9:37 p.m.
Discussion: None
MOTION PASSED UNANIMOUSLY
Regular Meeting Adjourned at 9:37.m.
Respectfully submitted,
Lee Archer, Chairman
Watertown Town Council
Approved: _______________________________
Lynn M. LaForme, Clerk |