WELLING CONFERENCE ROOM
ORDINANCE COMMITTEE
OCTOBER 9, 2012
PRESENT Chair Rich Kehoe, Councillors Bill Horan and Eric Thompson
ALSO
PRESENT Marcia Leclerc, Mayor
Rich Gentile, Assistant Corporation Counsel
Tim Bockus, Public Works Director
Greg Grew, Inspections & Permits Director
CALL TO ORDER
Chair Kehoe called the meeting to order at 6:04 p.m.
APPROVAL OF MINUTES
May 10, 2012 Meeting
MOTION By Eric Thompson
seconded by Bill Horan
to approve the May 10, 2012 meeting minutes.
Motion carried 3/0.
OPPORTUNITY FOR RESIDENTS TO SPEAK
None
OLD BUSINESS
Bidding Procedures: §10-7 RFQ for State and/or Federal Projects
The Committee continued its ongoing discussion with regard to establishing an ordinance to provide adequate flexibility to the Public Works department to issue Requests for Qualifications (RFQ) rather than Requests for Proposals (RFP) in certain circumstances where (1) federal or state law requires an RFQ process as a condition for receipt of a grant for such project, or (2) where only local funds are involved and the scope of services is such that it is not clear at the time of the issuance of the RFQ exactly the extent of the services that will be needed. In the later circumstance, the RFQ would include a negotiated rate on an hourly basis so that the town can use the professional services to the extent necessary as dictated by the project. The Committee had some concerns that a RFQ in general may not necessarily be the most
appropriate and most cost effective way of obtaining these services. Therefore the RFQ process should only take place where required by statute or where the town determines that it is the more cost effective process.
Assistant Corporation Counsel Rich Gentile will draft an ordinance that allows for an RFQ process as an exception to section 10-7 when (1) the purchasing agent certifies that the state and federal purchasing procedures are required as a condition for the grant funds, and (2) where only local funds are involved, that the RFQ is limited to architectural and engineering services and the town certifies that the RFQ process will be a more efficient and cost effective process than the traditional RFP process.
The Committee will take this up at a subsequent meeting after receipt of the draft ordinance from Corporation Counsel’s office.
Article 4 Solar Energy Tax Exemption: §10-24 Property Tax Exemption
The Committee reviewed its past discussions on this topic and determined that no further action is necessary since there is no state authority for the town to enact such an exemption.
MOTION By Eric Thompson
seconded by Bill Horan
to take no further action on this matter due to the lack of the
state authority to enact a property exemption for such solar
energy systems.
Motion carried 3/0.
Dispensing of Alcohol on Town Property: Chapters 5 and 14
The Committee discussed whether to make any changes to section 14-7 to place the Mayor, rather than the Director of Parks and Recreation, in charge of issuing permits to have alcoholic beverages on town property. The Committee determined that the existing ordinance is sufficient to protect the town’s interest. Therefore, no further action or amendments would be made to section 14-7. However, there were a number of proposed changes made to the amusement permit application process to clean up the language and to strengthen the requirements to protect the town’s financial interest by (1) insuring that if alcoholic beverages are being served, in addition to a certificate of insurance, there would be a certificate of liability for the dispensing of alcohol, and (2) if there is going to be a town co-sponsored event,
the rights and responsibilities and duties of the town are clearly articulated in writing.
The Chair had a draft dated 02-17-12 and will ask Attorney Gentile to review it and determine if any additional changes to be made to those ordinances. The Committee will then take up this item at a subsequent meeting pending recommendations from Corporation Counsel’s office.
NEW BUSINESS
Tax Collection Policies – Withholding Building/Health Department Permits
The town currently has a procedure in place for withholding building permits, as well as electrical and mechanical permits, when the applicant owes the town taxes or is delinquent on tax payments. The Committee agreed to review a draft that would specify that no building permit would be issued by the Director of Inspections and Permits, or designee, if the Director has made the determination that taxes are not current so that there is a positive duty for the Director of Inspections & Permits to check the tax records. There will be an exception for applicants who are delinquent if they enter into a payment plan with the town or if the application is for repairs that are of an emergency nature that would affect the health and safety of the occupants of the building. Corporation Counsel will re-draft that ordinance and
submit it to the Committee for their review at a future meeting.
Security Cameras – Extended Hour Convenience Stores
The Committee discussed the need for security cameras in convenience stores and reviewed an ordinance from the City of Hartford that establishes a security camera requirement, and other safety requirements, for extended hour convenience stores. The Committee had some concerns about the cost of this requirement and whether it has been effective. The Committee requested that the administration gather the following information for its review: (1) the determination, upon review of the police robbery and burglary records, as to how many robberies or burglaries involve such convenience stores; (2) of the robberies and burglaries occurring in such convenience stores, how many stores had a video camera system in place; (3) Hartford’s experience with compliance and effectiveness of its ordinance; and (4) the cost of a video camera
system to be installed and the monthly cost for the maintenance of such system. The Committee agreed to further discuss this matter upon receipt from the administration of the information requested.
Panhandling/Fraudulent Solicitation
The Committee agreed that panhandling in the town is a source of problems and complaints from residents to the police. The police acknowledge that there is no basis for them to take action against someone who is panhandling, under either state or local law. The Committee reviewed an ordinance that was recently drafted by the town of Stonington and noted that there were significant limitations on its effectiveness, in that it still allows for panhandling in many situations during the day on public property.
Assistant Corporation Counsel Rich Gentile will contact the Stonington town attorney and determine the reasoning for the way in which the Stonington ordinance was drafted, including any determination of whether there are First Amendment limitations on the ability of the town to control panhandling.
The Committee agreed to take up this issue at a future meeting upon receipt of information from Corporation Counsel.
Blight Ordinances: Fines Enforced
The Committee reviewed the town’s blight ordinance with Greg Grew, the town’s Inspections and Permits Director, and determined that there may be some minor changes that may need to be made, but recognized that the blight ordinance does allow for civil penalty citations to be issued for each day of non-compliance with an order to correct a blighted condition and that those penalties can accrue on a daily basis to a point where the town could in fact go to court to collect or convert those fines into liens. There are a couple of minor changes to the statutory procedure for the appeal process when a fine is assessed; (1) with regard to the current requirement for the rules of evidence to be used at the appeals hearing; and (2) whether in fact it’s appropriate for the town to have to provide notice to the occupants of a
structure that is being cited for blight when the occupants are not the owners of the property.
The Committee will take this matter up at a future meeting upon receipt from Corporation Counsel’s office of the suggested changes to the blight ordinance.
ADJOURNMENT
MOTION By Bill Horan
seconded by Eric Thompson
to adjourn (8:07 p.m.)
Motion carried 3/0.
cc: Mayor Leclerc
Rich Gentile, Assistant Corporation Counsel
Tim Bockus, Public Works Director
Mike Walsh, Finance Director
Gregg Grew, Inspections & Permits Director
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