TOWN COUNCIL MAJORITY OFFICE
ORDINANCE COMMITTEE
FEBRUARY 23, 2011
PRESENT Chair Rich Kehoe, Councillors Bill Horan and Eric Thompson
ALSO Rich Gentile, Assistant Corporation Counsel
PRESENT Tim Bockus, Acting Public Works Director
Mark Sirois, Chief of Police
Todd Matthews, 81 Central Avenue
Susan Kniep, 50 Olde Roberts Street
CALL TO ORDER
Chair Kehoe called the meeting to order at 5:20 p.m.
APPROVAL OF MINUTES
November 16, 2010 Meeting
MOTION By Eric Thompson
seconded by Bill Horan
to approve the November 16, 2010 meeting minutes.
Motion carried 3/0.
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
OLD BUSINESS
Noise Regulations
The Chair provided an update as to the Ordinance Committee’s previous discussion on the
proposed noise regulations ordinance. The conclusion of the Committee’s deliberations is
that a town ordinance is much less enforceable as a practical matter than the state law
primarily because state law requires that prior to imposing a penalty under an ordinance, the
town must provide a warning notice first. In essence this requirement gives someone two
bites at the apple before there’s a penalty. In addition, a town decibel limit ordinance would
require mapping the town, documenting the normal ambient noise in order to compare the
noise complaint to ambient noise levels. This would be very expensive.
Police Chief Sirois reviewed how the police department responds to noise complaints. They
normally provide two officers to respond to the complaint and request the owner of the
building to lower the noise level. Over 90% of the time, compliance occurs. If a
follow up call that same evening is required, an infraction can be issued immediately. If
there is a motor vehicle noise problem, the motor vehicle is pulled over. If there have been
some modifications to the muffler system or other vehicle equipment that do not comply
with state law, a citation can also be issued immediately.
Further discussions ensued regarding the specific problems on Central Avenue and at Mt.
Carmel Hall. The conclusion of the discussion was that better enforcement is necessary. It
is important that people understand their neighbors’ rights to quiet enjoyment of their own
property. The Police Chief assured all those in attendance at the meeting their concerns will
be taken very seriously and that the police will react very quickly. The town should consider
a public education campaign to remind citizens to respect the rights of their neighbors.
The town will also look into the potential safety problem with those exiting Mt. Carmel Hall
and the possible necessity of installing a mirror that would enable individuals to see
oncoming traffic. Further, there will be review of any parking violations, especially on Friday
and Saturday nights, in the area.
The committee determined that there was no further ordinance action to be taken on noise
regulations, but will remain concerned about proper enforcement of the current town
ordinances and state law regarding noise.
NEW BUSINESS
Clothing Collection Boxes
Rich Gentile, Assistant Corporation Counsel, suggested – and the Committee agreed – that
the recommendation from the Mayor to provide some form of regulation of the clothing
collection boxes in order to address overflow and poor maintenance of those boxes, would
best be handled through the Planning and Zoning Commission. Current zoning regulations
could be interpreted to prohibit these boxes altogether. The Planning and Zoning
Commission should determine whether to permit these boxes and, if so, under what
conditions. If the boxes are not properly maintained, the Zoning Enforcement Officer could
issue citations.
MOTION By Bill Horan
seconded by Eric Thompson
to refer the issue of the regulation of clothing
collection boxes to the Planning and Zoning Commission.
Motion carried 3/0.
The Committee requested that the Chair draft a letter of referral to the Planning and Zoning
Commission Chair.
Flood Protection Committee
Current federal law requires that the town establish a flood protection committee for the
town dike system. There was discussion as to whether the committee could consist of the
Public Works Director alone, or must consist of more than one member. Assistant
Corporation Counsel Rich Gentile recommended that the town establish a flood protection
committee in ordinance in order to remove any doubt as to whether the town is in
compliance with federal law. Attorney Gentile will work with the Chair to draft a provision for
the Committee’s review at its next meeting.
ADJOURNMENT
MOTION By Eric Thompson
seconded by Bill Horan
to adjourn (6:05 p.m.)
Motion carried 3/0.
cc: Mayor Leclerc
Rich Gentile, Assistant Corporation Counsel
Tim Bockus, Acting Public Works Director
Mark Sirois, Chief of Police
Todd Matthews, 81 Central Avenue
Susan Kniep, 50 Olde Roberts Street
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