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03-02-11 Ordinance Committee
Mary Ann Jacob, Chair
James S. Belden
A. Jeffrey Capeci
George T. Ferguson
Robert Merola
Richard Woycik


DRAFT Minutes of the Legislative Council Ordinance Committee

The Ordinance Committee met on March 2, 2011 in the Council Chambers of the Newtown Municipal Center at 6:30 pm.  Chairman Jacob called the meeting to order at 6:40pm.

Present: Ms Jacob, Mr. Belden, Mr. Capeci, Mr. Ferguson, Mr. Woycik.
Absent: Mr. Merola

Others: Deputy Director of Planning and Land Use, Rob Sibley, Police Chief Kehoe and two members of the public.

PUBLIC PARTICIPATION: None noted.

APROVAL OF MEETING MINUTES:
Mr. Ferguson made a motion to approve the minutes of the December 7, 2010 meeting.  The motion was seconded by Mr. Belden; all in favor.

Mr. Capeci made a motion to approve the minutes of the January 5, 2011 meeting.  The motion was seconded by Mr. Ferguson; all in favor.

Mr. Belden made a motion to approve the minutes of the February 9, 2011 meeting.  The motion was seconded by Mr. Capeci; all in favor.

An Ordinance to Protect Children

Mr. Sibley distributed a map and a listing disclosing all town owned land.  He believes the town should not discern between town owned parks and open space.  The Town encourages the public to enjoy all such spaces. Mr. Sibley advocates consideration of open space in any ordinances not necessarily the specific ordinance under discussion at this time.  Many parks contain acres of open space.

Chairman Jacob referred the committee to §28-9 Child Safety Zones.  Chief Kehoe wants the ordinance to be flexible enough to adapt to changing community needs.  He said it would be too cumbersome to have to put signage up on all open space and have the manpower to enforce the legislation at all child safety zones inclusive of open space at once but would prefer the ability to add parcels as resources permit.  The areas to be protected should not be listed in the ordinance.

Mr. Ferguson suggested density should be considered.  Parks have greater likelihood of an issue than does a wooded area.  Signs could be placed at trailheads.  Mr. Belden believes the ordinance should be more preventative than enforcement.  Mr. Ferguson asked who is responsible for signage and suggested bringing the Board of Education into conversation.  Chief Kehoe stated that the Police department would put up signs.  Ms Jacob said she prefers to firm up the language before bringing other interested parties into the conversation.

Amending the Ordinance that created the Fairfield Hills Authority

Mr. Capeci reported that Legal council had changed the wording of the ordinance as follows:

§523-5(4)  Negotiate leases for all or any part of the land and buildings of the Premises, in the name of the Town of Newtown, in accordance with the provisions of the master plan, provided that any lease shall be subject to approval of the Board of Selectmen; and where the lease requires expenditures by the Town as a condition of the lease, the lease shall be subject to the provisions of Section 6-30 (Special and Emergency Appropriations) of the Newtown Charter relative to the required expenditures.

He also stated that he had given the language to Fairfield Hills Authority Chairman, Dr. Reed who would discuss the amendment at a future Authority meeting.

Chairman Jacob noted that she had received email correspondence from Ms Po Murray in which she requests that the Legislative Council repeal the Fairfield Hills Authority Ordinance.  Mr. Ferguson noted that action would not be permitted under the narrow charge given to the committee by the full council.  Mr. Belden noted that while he has been critical of the Authority in the past, he believes that this amendment is necessary and a step in the right direction.  He would not be in favor of repeal at this time but prefers to see this amendment implemented at this time.

Acquisition of Conservation Easements for Open Space though abatement of taxes

No action taken, waiting for guidance from the Conservation Commission.

Discussion of Future Meeting Dates

Next Meeting will be held on March 16

PUBLIC PARTICIPATION: None noted.

A motion to adjourn was made by Mr. Ferguson and seconded by Mr. Capeci, all in favor.  Chairman Jacob adjourned the meeting at  7:27pm.

Respectfully Submitted,
Jeff Capeci