MINUTES

WATERTOW= N TOWN COUNCIL

PUBLIC H= EARING (#1)

JOHN TRUMBULL PRIMARY SCHOOL MEDIA CENTER

MONDAY, OCTOBER 6, 2003, 7:00 P.M.

PRESENT: &= nbsp; &nbs= p; Robert Kane

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Paul Valenti

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Richard Wick

ABSENT: &= nbsp; &nbs= p; None

OTHERS PRESENT: = Jean King

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Raymond Primini

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Paul Rinaldi

&= nbsp; &nbs= p; &= nbsp; &nbs= p; Meredith Robson, Town Manager

1.&nb= sp; Convene Public Hearing - 7:00 P.M.

&n= bsp;

Mr. Wick, Chairma= n, Ordinance Subcommittee, called the Public Hearing to order at 7:02 p.m.

Mr. Wick, Chairma= n, Ordinance Subcommittee, read aloud the following Notice of the Public Heari= ng for the record:

NOTICE OF PUBLIC HEARING

Watertown, Connecticut

October 6, 2003

The Watertown Town Council will hold a Public Hearing on Monday, October 6, 200= 3 at 7:00 p.m. in the John Trumbull School Media Center, 779 Buckingham Street, Oakville, Connecticut to hear comments on the following:

1. &nbs= p; Proposed changes to the “Town of Watertown Ordinance Concerning Rules and Regulations for the Use of Parks, Public Land and Recreation Areas by the T= own of Watertown”.

2. &nbs= p; Proposed New Ordinance “Adopting and Enacting a New Code for the Town of Watertown, CT; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Vote; and Providing When Such Code and This Ordinan= ce Shall Become Effective.”

Watertown Town Council=

Public Hearing (#1)

October 6, 2003

Page 2

Copies of proposed Ordinances and Ordinance proposed to be changed are available at the Town Manager’s Office (424 Main Street, Watertown) and the Town Clerk̵= 7;s Office (Town Hall, 37 DeForest Street Watertown).

Dated at Watertown, Connecticut this 19th day of September, 2003.

= &nb= sp; = &nb= sp; = &nb= sp; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p;

= &nb= sp; = &nb= sp; = &nb= sp; Meredith S. Robson, Town Manager

RETURN OF NOTICE

TOWN OF WATERTOWN

NOTICE OF PUBLIC HEARING

I = hereby certify that on September 19, 2003 I left a duplicate copy of the attached Notice of Public Hearing, Town of Watertown, Connecticut with Virginia M. Stewart, its Town Clerk, to be held on October 6, 2003.

I = further certify that on September 19, 2003, I caused a copy of said Notice of Public Hearing to be published in the WATERBURY REPUBLICAN AMERICAN, which newspap= er has a substantial circulation in said Town.

I = further certify that on September 19, 2003, I caused to be set upon the signpost or other exterior places nearest the Office of the Town Clerk and all other pl= aces and signposts designated by the Town, a written copy of said Notice of Publ= ic Hearing signed by the Town Manager of the Town of Watertown.

I = further certify that all the above acts were done at least five (5) days before the holding of the Public Hearing on October 6, 2003.

Da= ted at Watertown, Connecticut this 19th day of September, 2003.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = Meredith S. Robson, Town Manager

TOWN CLERK’S CERTIFICATION AS TO

NOTICE OF PUBLIC HEARING AND RETURN OF NOTICE<= /p>

I hereby certify that the attached Notice of Public Hearing and Return Notice= of Public Hearing are duly recorded in the records of the Town of Watertown, Connecticut, and that Meredith S. Robson was Town Manager on the date the Notice and Return of Notice were signed.

Watertown Town Council=

Public Hearing (#1)

October 6, 2003

Page 3

Dated at Watertown, Connecticut this 19th day of September, 2003.

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p;

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; Virginia Stewart, Town Clerk

2. = Public Participation

&n= bsp;

&= nbsp; Mr. Wick: The change that was= made was simply to provide specifically in Section 5, that no person shall dig or remove any water, soil, sand, rock, etc.&n= bsp; The previous edition of this ordinance did not include water and the= re was an apparent problem which resulted in a request to redo the ordinance making that inclusion. That&#= 8217;s the only change.

&n= bsp;

<= span style=3D'mso-tab-count:1'> &= nbsp; Al Mickel, 173 DiNunzio Road, Oakville CT&nbs= p; 06779

<= b>

<= b> &= nbsp; Mr. Mickel: Not pro or con. Was someone taking the water, suck= ing the water out of the lakes?

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Wick: We were informed th= at there was an occasion where somebody did that, yes, and it was apparently i= n a large enough quantity that . . . .

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Mickel: A swimming pool c= ompany or something like that?

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Wick: They felt that it w= ould be appropriate to make it official that it’s not permitted. Most laws= are broken before they’re passed.

<= o:p>

<= b> &= nbsp; Mr. Wick: The next ordinance = is a new one that is basically necessary to officially accept the new code that = has been worked on for the last several years and allow us, some of us will be = very happy to know, to allow us to expeditiously put our ordinances on the Web.<= /p>

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; James Bonsignore, 31 Carter Street, Oakville, CT= 06779

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Bonsignore: As you know I= am a Democratic candidate for Town Council in the upcoming election. As you also know I served as an assistant to Town Attorney Franklin Pilicy during the 1999/2001 term. During the time that I served at t= he Town Attorney’s office I worked extensively on the ordinance review program. During that time I personally participated in several ordinance review subcommittee meetings a= nd was personally responsible for the drafting and amendments of the majority = of the ordinances to include the provisions for enforcement and fine penalties= for violations of the ordinances.

Watertown Town Council=

Public Hearing (#1)

October 6, 2003

Page 4

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Now the main purpose of enacting those ordinances and installing the enforcement and fine provisions was to provide an alternative source of revenue for the Town of Watertown by instituting a $100.00 fine per violation of the ordinances. As you know Atty. Pilicy was replaced as Town Attorney nearly two years ago. I left Atty. Pilicy’s employ approximately a year and a half ago. I am here tonight to pose a couple of questions to this Council, and it’s a shame because my comments and questions are really directed to= the majority membership of the council and there are only two of you here. My first question is this . . .

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Kane: Sir? This is a meeting of the Ordinance Subcommittee, it is not a full Council meeting, that’s why you don’t have all the members.

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Bonsignore: Regardless, my questions were directed to the majority and comments that I would like to be addressed during tonight’s Regular Meeting, is why, when I am someone= who personally wrote and drafted these ordinance over two years ago, is their enforcement and enactment just coming to light less than a month before the= end of the current administrative term, when had these ordinances been institut= ed and enacted and continually enforced since I completed the drafting of the amendments over two years ago, why is it just coming to a vote now, as to t= he enactment of this ordinance and to institute fines and penalty provisions of most of the ordinances. The s= econd question is does the Council have any estimate as to how much potential rev= enue this Town has lost by virtue of failing to act and institute these fine provisions over the last two years?

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Al Mickel, 173 DiNunzio Road, Oakville, CT&nb= sp; 06779

<= b>

<= b> &= nbsp; Mr. Mickel: I certainly do wa= nt to read these on the Web, and I would have liked to have read them before. I somehow missed the public hearin= gs about a year and a half ago I guess. Is there any way to get a copy of thos= e so I can read them? There are 36= of them, I understand. The ones = that are going to be enacted into this ordinance tonight?

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Ms. Robson: Yea, we have copi= es in the office.

<= o:p>

<= b> &= nbsp; Mr. Wick: I think you may be misunderstanding about enacting ordinances. The ordinances that the various Co= uncils have passed are in place. The purpose of this is to formally accept the codification that was done by the subcontractor in Florida.

<= o:p>

<= b> &= nbsp; Mr. Mickel: Weren’t they rewritten or changed?

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Wick: Some were, the ones= that needed a penalty clause, you’re right, there were several that were passed that include the penalty clause.

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Mickel: So the only chang= e was including the penalty clause?

Watertown Town Council=

Public Hearing (#1)

October 6, 2003

Page 5

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Wick: On those ones we= 217;re talking about that have a penalty clause needed.

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Mickel: Maybe I’m n= ot understanding. Are we replaci= ng all of the old ordinances with this new codified group of ordinances?

<= o:p>

<= b> &= nbsp; Mr. Wick: No. Is that right? We’re not replacing them.

<= o:p>

<= b> &= nbsp; Ms. Robson: Well most of them= are already in place, but they’ve been recodified. I don’t know specifically wh= ich ones were changed in the process itself.

<= o:p>

<= b> &= nbsp; Mr. Mickel: I went down to th= e Town Hall to look for some ordinances and it looked like just a sheet of paper, = and they were probably there when I was on the Council 10 years ago, so it didn’t look like anything was changed, so I’m not sure if I was looking at the latest revisions of these things.

<= o:p>

<= b> &= nbsp; Ms. Robson: We have, in my of= fice, new codification books.

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Mickel: Maybe I should go= down there instead. Now is this the group of ordinances that requires a compliance officer? Is this part of that?

<= o:p>

<= b> &= nbsp; Ms. Robson: I think they are.=

<= o:p>

<= b> &= nbsp; Mr. Wick: (Inaudible).

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Mickel: So when does the compliance officer get nominated, announced?

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Wick: We’ll have to= work on that. I can’t answer= you with a firm date.

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Mickel: Okay, so even if = you enact these ordinances tonight, they still won’t be in effect until we get a compliance officer?

<= o:p>

<= span style=3D'mso-tab-count:1'> &= nbsp; Mr. Wick: Yes, hearing office= rs, (inaudible) right.

Watertown Town Council=

Public Hearing (#1)

October 6, 2003

Page 6

<= o:p>

3.&nb= sp; Adjournment=

Mr. Wick, Chairman, Ordinance Subcommittee, Closed the Public Hearing at 7:14 p= .m.

Respectfully submitted,

Richard Wick, Chairman

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = Ordinance Subcommittee

&= nbsp; &nbs= p; &= nbsp; &nbs= p; &= nbsp; &nbs= p; = Watertown Town Council

&n= bsp;

A= pproved: _______________________________

Lynn M. LaF= orme, Clerk