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4-15-10 Ordinance Subcmte
George T. Ferguson, Chair
John Aurelia, Sr.
James S. Belden
Jeffrey A. Capeci
Mary Ann Jacob
Richard Woycik

Legislative Council Ordinance Committee
Minutes (Draft) and Motions for Meeting of April 15, 2010
Newtown Municipal Center, 3 Primrose Street, Newtown, CT


Committee Members  Present:     James Belden, Jeff Capeci, George Ferguson, John Aurelia Sr., Richard Woycik

Committee Members Excused:      Mary Ann Jacob

Also present:                                    Rob Sibley, Deputy Director of Land Use                                

The meeting was called to order at 5:34 p.m.

Public Participation
There were no members of the public present

Review and Approval of Minutes

        Mr. Belden made a motion to approve the minutes of the meeting of  January 11, 2009.  Seconded by Mr. Capeci.  Minutes were approved unanimously.   

Discussion regarding  proposed changes to the Town of Newtown's Flood Control Ordinance which is number referenced as either Chapter 232 of the Newtown Code Book or as Ordinance 54B.

A detailed and excellent presentation on Newtown’s  Flood Control Ordinance, its history, function and implementation was made by Mr. Rob Sibley, the Town of Newtown’s Deputy Directory of Land Use and our Town’s Official charged with working with the Department of Homeland Security, Federal Emergency Management Agency regarding floods and other natural disasters.   Mr. Sibley explained that the Federal and State agencies were requiring Government Agencies at all levels to revise their legislation to adopt new language and to reference updated maps.  

A draft revision of our existing Ordinance had been prepared by Mr. Sibley and circulated by Mr. Ferguson in advance to the Committee for their edification, review and comment.  Mr. Ferguson submitted editorial revisions and Mr. Capeci indicated would be re-reviewing the revised draft in greater detail now that he more fully understood the mechanics and importance of this legislation.

A discussion ensued about moving this forward and Mr. Sibley indicated that he would be asking the State DEP to comment on the work that has been completed to date.  The Ordinance Committee will take up this matter again at a future meeting.

Possible Discussion and Action on expanding the Design Advisory Board from 3 to 5 members, Chapter 27 of the Newtown Code Book.  

Ordinance Committee Members, joined by First Selectman Pat Llodra, discussed  expanding the membership of the Design Advisory Board.  Ms. Llodra felt that the request reflected a desire for the Board to more easily be able to achieve a legal quorum for meetings.  Mr. Ferguson indicated he would follow up with Mrs. Lila Dean, Chair, Planning and Zoning to confirm this understanding.  With this in mind the consensus among Ordinance Committee Members was to add two alternate members to the enabling legislation for the Design Advisory Board, taking it from the present 3 members to 3 members plus two alternate members.  Alternate members would vote  when a regular member was not present.  In this way the quorum requirement of two persons available to deliberate and vote would remain the same, but the pool of available people to achieve such a quorum would be increased to five.   

With the above in mind, Mr. Capeci moved that the Ordinance Committee recommend to the full Legislative Council that the Ordinance enabling the Design Advisor Board be modified to reflect that membership on the Design Advisory Board be expanded from 3 members to 3 members and 2 alternates.  Mr. Aurelia seconded the motion.  The vote was unanimous of the members in attendance.

It was determined, that subject to approval of Mrs. Dean, that this would be next be moved to discussion with the full Legislative Council.

It was noted by Mr. Ferguson that the original Ordinance was not assigned a number and we would seek to have the revision be assigned an Ordinance number through the Town Clerk’s office.

Preliminary Discussion of the process for undertaking a Charter mandated bi-annual review of  Regulation 4, Chapter 90, Newtown Code Book, regarding Town of Newtown Purchasing and Bidding Procedures

        No action or discussion was taken on this item.

Possible update on the Town Clerk’s efforts to update the Newtown Code Book

Mr. Ferguson shared that he had spoken with Town Clerk Debbie Aurelia and that it is her understanding that Town Attorney David Grogins is presently working with Mr. George Benson to effect changes in how Planning and Zoning Regulations are to be handled going forward.  Attorney Grogins earlier indicated he would be working with Ordinance to facilitate a similar process.  

Possible Recommendations of Actions to be brought before the Newtown Legislative Council
The motion above moves discussion of the Design Advisory Board to the full Council.

Discussion of Future Meeting Dates

It was determined that a future meeting date would be set after we received feedback from the State on the Flood legislation and after members were consulted about their availability..

Public Participation

No  members of the public were present.

Public Participation - none

New Business    - Mr. Ferguson advised Ordinance Committee members that they would be receiving advance information on an area of legislation that is being carried over from the prior Council.  This item will be taken up once the Ordinance Committee is charged by the full Council.

        Motion to adjourn made by John Aurelia.  Vote to adjourn unanimous.