TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
SEPTEMBER 28, 2010
PRESENT Chair Rich Kehoe, Councillors Bill Horan and Eric Thompson
ALSO Melody A. Currey, Mayor
PRESENT Rich Gentile, Assistant Corporation Counsel
Denise Horan, Town Engineer
Selectmen Richard Torpey, J. Roger Pelletier, Peter Bonzani
CALL TO ORDER
Chair Kehoe called the meeting to order at 6:15 p.m.
APPROVAL OF MINUTES
September 14, 2010 Meeting
MOTION By Eric Thompson
seconded by Bill Horan
to approve the September 14, 2010 Ordinance Committee minutes.
Motion carried 3/0.
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
The Committee agreed to take the following item, Compensation for Selectmen, out of order to accommodate those present.
OLD BUSINESS
Compensation of Selectmen
The Chair reviewed the state law regarding compensation for selectmen. C.G.S. §47-45 indicates that a town may provide a payment of a fee to a selectman, which fee shall not be less than $2.00 for each day’s service. The Chair noted that the budget for the selectmen’s salaries constitutes $2,040 or less than $2.00 per day but presumably more than $2.00 per each day of service. The selectmen described their duties to the Committee. Over the years they have been contacted by numerous residents who have disputes with their neighbors over fences. The selectmen act primarily as mediators of a neighborhood dispute. Often they are able to resolve the matter, but, on occasion, the disputes will continue to fester. It is noted that if the fence is not located on the boundary of the property,
then it is not within the jurisdiction of the selectmen. Further, any maintenance complaints regarding fences are handled by town officials rather than the selectmen. Assistant Corporation Counsel Rich Gentile noted that the administrative headache of verifying each day’s service would far out weigh the cost savings of reducing the salary to $2.00 per day actually worked. It was also noted that the $2.00 has been part of state law at least since 1949 and therefore, its original value has eroded over time due to inflation.
The Committee decided to further discuss this matter at a future meeting.
MOTION By Eric Thompson
seconded by Bill Horan
to table this matter.
Motion carried 3/0.
Stormwater Ordinances
The Committee reviewed suggested changes to the ordinance draft dated September 23rd by Assistant Corporation Counsel Rich Gentile. Denise Horan, Town Engineer, walked through her concerns. The Committee agreed that a number of changes should be made to address issues of clarity and specificity. There was a discussion with regard to the length of time that the Inland/Wetlands Commission would need to hold a hearing. Under the September 23rd draft, it is not less than 15 days and not more than 30 days from the mailing of the notice. However, Ms. Horan pointed out that there are two months during the year in which the Inland/Wetlands Commission does not meet and therefore the 30 days may be problematic without having a special meeting. The Committee will discuss perhaps allowing for a
30 day extension with agreement by the property owner. Ms. Horan requested that Section 3.4 of the model ordinance be considered for inclusion in this ordinance. The Chair indicated that some of those provisions may be more appropriately placed in the Inland/Wetlands regulations. Attorney Gentile will review those provisions and further discussion will take place with regard to the appropriate provisions that should be placed in the ordinances.
Both Attorney Gentile and Denise Horan will determine whether the existing 17-6 and 17-7 regarding permits for connecting to the public stormwater drain system is being used by the town as the basis for issuing permits or whether other town ordinances or state law are the basis for any such permits. The Mayor and others present noted that there are in fact permits being issued in certain circumstances for some residential and some commercial property owners to connect to the stormwater drain.
The Chair agreed to discuss further changes to the ordinances with Rich Gentile and Denise Horan, and the Committee will take up a revised draft at its next meeting.
ADJOURNMENT
MOTION By Eric Thompson
seconded by Bill Horan
to adjourn (7:25 p.m.)
Motion carried 3/0.
cc: Mayor Currey
Denise Horan, Town Engineer
Rich Gentile, Assistant Corporation Counsel
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