Wallingford council looks at new rules for outdoor dining

As published in the Record Journal Wednesday August 22, 2012

By Laurie Rich Salerno
Record-Journal staff
lsalerno@record-journal.com
(203) 317-2235
Twitter:@LaurieSalernoRJ

WALLINGFORD — Town councilors will consider changes to an outdoor dining ordinance that could give them the power to approve or deny sidewalk seating for certain businesses.

Only restaurants interested in serving alcohol in an outdoor sidewalk dining space need to apply to the Town Council for permission, according to an ordinance passed in 2004. If the restaurant wants the outdoor dining space that takes up part of a public sidewalk but won’t serve alcohol, it doesn’t need to go before the council.

But a resident’s concern has caused the council to re-examine the ordinance, which it will do at a special Ordinance Committee meeting Thursday night.

According to Town Councilor Craig Fishbein, who co-chairs the Ordinance Committee with fellow Republican Vincent Cervoni, someone told him that an establishment was not complying with the regulations set out in the ordinance for its sidewalk patio. A closer look at the ordinance, Fishbein said, led him to see that it only covered restaurants serving alcohol, and the business in question was not. Neither councilor would reveal the name of the business that had been the source of complaint. “The way the ordinance is drafted, it can be construed to only apply to those establishments that sell alcohol — which is an issue,” Fishbein said. “I think the intent to a certain extent is public safety.” Fishbein said having outdoor spaces that don’t follow town guidelines for size can be a hazard for pedestrians.

“I’m not looking to restrain trade, but there’s ADA (Americans with Disabilities Act) requirements for sidewalks,” Fishbein said.

Several businesses downtown have outdoor seating, including Gaetano’s Tavern on Main, Archie Moore’s, Half Moon Coffee and Grill Cafe and Mr. D’s cafe and bakery, all on North Main Street.

Neither Half Moon nor Mr. D’s serves alcohol, though Half Moon does allow guests to bring their own alcohol. Both could be affected by an ordinance change that regulates outdoor seating for all businesses. Owners of those establishments could be reached by phone Tuesday.

Gaetano’s co-owner Debbie Pacileo said her business brought the issue up to the council years ago, when the restaurant wanted to serve alcohol in its sidewalk space. The request was approved. Today, she said, most summer nights the patio is completely booked.

“People love it; it’s so nice for the town, too,” Pacieleo said. “Uptown has really blossomed since this came into effect.”

Among several requirements, the ordinance says that the sidewalk spaces must have a sturdy rail or other divider separating the section from the rest of the sidewalk, and that the space be accessible only through the restaurant and not from the outside.

The applicant also has to submit a drawing of the space, including tables and chairs and how they are arranged, as well as a certificate of insurance that includes the town as an “additional insured party.” It requires the certificate to be a minimum of $2 million for damage or injury related to the business use of the sidewalk. It also has to leave enough space to allow wheelchairs and other supportive devices for those in need, in line with ADA standards.

Cervoni said he was not convinced that the ordinance needs to be changed.

“I thought it was interesting that they chose to regulate outdoor dining based on whether or not they were serving alcohol,” Cervoni said of reading the document. “While I find that interesting, I get the point. While I want to hear what the complainant has to say, I don’t see the need to further regulate, necessarily.”

He said he thought issues with particular businesses could be addressed directly with a small business owner.

Fishbein said he’d like to discuss other changes to the ordinance, saying he’d like to make it a provision that businesses reapply each year for approval, while now there’s no expiration date on approvals. He said that since insurance has to be renewed annually, this would allow businesses to submit new insurance certificates each year.

In another issue, the committee will discuss revisions to its open burn rules Thursday. Last year, it approved an ordinance that made burning in fire pits and commercial outdoor chimineas legal, with certain restrictions. This year, the Fire Department is asking to revise those rules to add that open burning must stop from midnight to 6 a.m., residents have to have the means to extinguish the fire available at the site, and that it has to be attended at all times.

Fire Marshal Carmen Rao said the recommendations were made to the department by residents. One was tired of their neighbors leaving their fire smoking the next day.

“It’s to help people to be a little bit safer, give them some guidance,” Rao said.

 

Photo by Dave Zajac / Courtesy of the Record-Journal

Above: Patrons of Archie Moore’s bar and restaurant relax across North Main Street.

Photo by Dave Zajac / Courtesy of the Record-Journal

Above: Bartender Tarry Radnoczi talks with customer Debbie Gravell, right, who opted for outdoor dining to celebrate her 59th birthday with her husband, Thirl, on Tuesday at Gaetano’s Tavern on Main in Wallingford.

REMINDER WALLYPALOOZA FESTIVAL – THIS SUNDAY AUGUST 12th, at the PNA Park in Wallingford CT

Hey Gang just a quick reminder that the Wallingford Fireworks Fund is going to set up a booth to collections for the 2013 event at THE ORIGINAL WALLYPALOOZA FESTIVAL SUNDAY AUGUST 12th, at the PNA Park in Wallingford CT

Here are all the details from their Facebook event page

Hope to see you there

 

FOUNDED WITH THE TOWN OF WALLINGFORD IN 1997, THIS YEARS DAY OF OUTDOOR FUN IS SUNDAY AUGUST 12th, at the PNA Park in Wallingford Ct.

LOVE MUSIC AND GOOD TIMES WITH FRIENDS AND FRIENDS??TIRED OF THE BAR SCENE??? A $10 donation will get you a great day outdoors full of of music, OVER 10 GREAT BANDS (stay tuned for confirmed list and times) and 4 ACOUSTIC ACTS! Fun, activities, vendors and food available for purchase at our food court.

This year the proceeds will benefit a very special new 501c3 non-profit organization founded here in Wallingford, Concerts With Causes, Inc.. Their mission is to use music to present events to raise money & awareness for local charities. They have raised money for Paul Newan's Hole in the Wall Gang Camp for Kids and the Leukemia & Lymphoma Society. This season, the charity they are raising money for is the "Friends of Fisher House" you can learn all about CWC and their charities at: www.ConcertsWithCauses.Org

Come enjoy a full day of spectacular music and family fun. Play horseshoes and volleyball, bring frisbees, kites, and more... the more people that show up the more we can help charities that are working hard to improve our health, and make our local community become a better place to live. Bring your blankets, chairs, sunscreen and ENJOY!!! Gates open at 10:30AM!! .. SEE YA THERE! SUNDAY Aug. 12th RAIN OR SHINE ;-)

Newly added fun to Wallypalooza this year!!

A head shaving tent....sponsored by Bellisima Salon in Wallingford.
Wccc's Mattly Crue will be shaving his head and presenting "BALDING FOR BALLS"......with a minimum donation of $20, the beautiful Bellisima Girls will be shaving heads to raise money for a close friend of Matt's who just was diagnosed with Testicular Cancer....... There will be a prize for the the largest donation.
Advance Tickets will be available for sale July 20th at Cherry Street Station and Bellisima Salon in Wallingford.

It's Time to Register for the August 14th Primaries

Denise Merrill

Secretary of the State

Connecticut

Merrill: Voter Registration Deadlines for August 14^th Primaries Fast Approaching

Secretary of the State Reminds Eligible Voters Who Want to Cast a Primary Ballot they Have One Week to Register as Democrats or Republicans by Mail

Hartford:  Secretary of the State Denise Merrill today is reminding eligible voters who want to cast a ballot in the upcoming statewide primaries on August 14, 2012 that voter registration deadlines are fast approaching.  Anyone wishing to cast a ballot on August 14^th must register as a Democrat or a Republican by Monday, August 13^th in-person at their town offices. Mail in registration forms must be received no later than Thursday August 9^th in order to be processed before the primaries. Also, registration forms delivered to town offices by anyone other than the voter must be turned in no later than August 9^th in order for those voters to be eligible to cast primary ballots.  Voters can check online at www.sots.ct.gov to see if they are registered to vote and where their polling place is located, as well as download voter registration forms and applications for absentee ballots.  Absentee ballots for the primary are available now and will be counted as long as they are received by town clerks by 8:00 p.m. on Tuesday August 14^th.

“The 2012 Statewide Primary Elections are rapidly approaching on Tuesday, August 14^th,” said Secretary Merrill, Connecticut’s chief elections official. “I am reminding all eligible, non-registered voters to register either in person or by mail so they can take part in deciding the candidates for the November General Elections. Come out to the polls and let your voice be heard!  Only registered Democrats and Republicans can vote, so if you are unaffiliated you must enroll with a major party by Monday August 13^th at noon in order to cast a primary ballot.”

Nearly 2,000,000 Connecticut citizens are registered to vote. Almost 50,000 voters are newly registered since January 1^st, 2012.  In that same time, more than 6,100 unaffiliated voters have registered with a major party to be eligible to vote in the primaries, with 3,407 becoming Democrats and 2,705 affiliating as Republicans.  More than 2,500 17 year-old voters have also registered to vote so far this year, and are eligible to vote in the statewide primary so long as they will turn 18 by the November 6^th general election.  Polls will be open statewide for Registered Democrats and Republicans on Tuesday August 14, 2012 from 6:00 a.m. to 8:00 p.m.

The list of at least 24 primaries taking place in the state of Connecticut can be found below (endorsed candidates are indicated by *):

Office	Party	Candidate
United States Senator	Republican	*Linda E. McMahon
		Christopher Shays
United States Senator	Democratic	*Christopher S. Murphy
		Susan Bysiewicz
Representative in Congress – 2	Republican	*Paul M. Formica
		Daria Novack
Representative in Congress – 5	Republican	*Andrew Roraback
		Justin Bernier
		Lisa Wilson Foley
		Mark Greenberg
Representative in Congress – 5	Democratic	*Chris Donovan
		Elizabeth Esty
		Dan Roberti
State Senate – 19	Democratic	*Tom Reynolds
		Catherine A. Osten
State Senate – 23	Democratic	*Ernest E. Newton II
		Andres Ayala, Jr.
		Edwin A. Gomes
State Senate – 33	Democratic	*James Crawford
		Mary Ellen Klinck
Assembly District – 3	Democratic	*Minnie Gonzalez
		Victor M. Luna, Jr.
Assembly District – 5	Democratic	*Leo Canty
		Brandon McGee
		Donald Trinks
Assembly District – 6	Democratic	*Edwin Vargas, Jr.
		Hector Luis Robles
Assembly District – 13	Democratic	*Joe Diminico
		Tom Gullotta
Assembly District – 35	Democratic	*Tom Vicino
		Tony A. Palermo
Assembly District – 58	Democratic	*Kathy Tallarita
		David Alexander
Assembly District – 63	Democratic	*Michael J. Renzullo
		Doug Bendetto
Assembly District – 75	Democratic	*Victor Cuevas
		Davis Aldarondo
Assembly District – 91	Democratic	*John P. Flanagan
		Michael C. D’Agostino
Assembly District – 107	Republican	*Harold A. Shaker
		David A. Scribner
Assembly District – 116	Democratic	*Louis P. Esposito, Jr.
		David C. Forsyth
Assembly District - 128	Democratic	*Christina M. Ayala
		Angel Reyes
Assembly District – 132	Democratic	*Sue Brand
		Kevin Coyner
Hamden – Bethany Probate District	Democratic	*Craig B. Henrici
		Edward C. Burt, Jr.
Registrar of Voters - Hartford	Republican	*Salvatore A. Bramante
		Nyesha C. McCauley
Registrar of Voters – Hartford	Democratic	*Ramon L. Arroyo
		Olga Iris Vazquez

Av Harris

Director of Communications

Connecticut Secretary of the State Denise Merrill

(860) 509-6255 ofc

(860) 463-5939 cell

av.harris@ct.gov

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Wallingford councilors study deeper probe into wood allegations

Second report may do the trick - Wallingford councilors study deeper probe into wood allegations

By Laurie Rich Salerno
Record-Journal staff

lsalerno@record-journal.com 

(203) 317-2235  

Twitter:@LaurieSalernoRJ

WALLINGFORD — Many town councilors said Monday they will likely not vote for an independent investigation into allegations that Public Works employees mishandled town wood, after reading Personnel Director Terence Sullivan’s second report on the incident. “Do I think at this time I would go the next step and vote in favor of an official independent investigation? I would say no, not at this time,” said Councilor John Sullivan, a Democrat, one of the councilors who voted in favor of a second investigation in a 7-2 vote in May. “This was a much more in-depth investigation in my eyes — this level of detail is what I wanted.”

The 32-page report, with hundreds of pages of supporting documents, was made available to councilors on Friday afternoon. By Monday, all nine councilors had picked it up at Town Hall.

The report concluded that there was “no proof of any kind” to support allegations that town employees had taken town wood for profit or personal use or cut down healthy trees in town parks.

In January, Town Councilor Nicholas Economopoulos, a Democrat, asked the town to investigate instances of town wood being taken in town trucks to the private dumpsite of Public Works employee Randy Mangino. Mangino held an outside contract with the town’s Water Department to dispose of clean fill and debris, and said he was allowed by Public Works Director Henry McCully to take wood the department had collected from trees damaged in an October snowstorm. McCully said he had misread Mangino’s contract and allowed him to take the wood, though the contract calls for Mangino to use his own truck, and wood does not strictly fall into the category of what he was contracted to haul.

The incident was ruled “an honest mistake” in a January report by Terence Sullivan, and the wood was reportedly returned. In May, Economopoulos reopened the issue in a presentation at a council meeting, and in June the council voted to have Sullivan do a second, more thorough investigation, with his report helping them determine whether to seek an independent investigation.

Councilors are slated to discuss the report at their next meeting, on Aug. 14. Only three votes are needed to trigger an independent investigation.

After reading the report, many councilors were particularly confused as to why William Comerford — a town resident who was investigating the incidents with Economopoulos— had not given evidence when asked to either by the personnel director or an inspector with the New Haven State’s Attorney’s office named Robert Sage.

Sage’s investigation was prompted by a letter from Public Works employee Mark Staszewski regarding “inappropriate and possibly criminal activity by certain employees of the DPW.” Staszweski’s second interview with the Personnel Department reflected these claims, saying that Public Works employees were “basically looking for wood to cut into smaller lengths for burning.” Staszewski did not mention this in his first interview with Terence Sullivan. None of the other 11 members of the Public Works Department interviewed corroborated his account.

Regarding Comerford, Councilor Tom Laffin, a Republican, said, “How is it possible that there’s such a passion towards getting to resolution, but then asked for evidence, they never give it to anybody?”

Councilor Craig Fishbein, a Republican, said that having the state’s attorney continue to investigate would be a thirdparty investigator and would mean the town wouldn’t have to hire anyone else to do the job.

“I’m looking to save the taxpayers’ funds — if a state investigator is asking for information, then a state investigator is a third party. Why not just put it in their lap?” Fishbein said.

Comerford, reached Monday, said he hadn’t been given a deadline by Sage, and intends to produce the evidence he said he has collected.

“Sage is going to get it all; I had no deadline to do this. I didn’t realize that someone was contacting him,” Comerford said.

He said he refused to supply Terence Sullivan with the information when asked because he questioned the personnel director’s ability and interest in performing an investigation into the topic, saying his first report was too thin, and that Comerford thought he would be able to find enough of his own evidence to proceed.

Terence Sullivan was on vacation Monday and could not be reached for comment.

Both council Chairman Robert F. Parisi, a Republican, and Councilor Jason Zandri, a Democrat, said Monday they’d like to study the report more closely before commenting.

Vincent Cervoni and Rosemary Rascati, the two Republican councilors who had originally voted against an investigation in May, said they were not surprised by the findings.

“This is much ado about nothing — I’ve said that from the beginning,” Cervoni said.

Rascati said that she agreed with the report — that after seeing Sullivan’s interviews with 26 people, she also felt there was not enough evidence to substantiate allegations.

She said her constituents would be happy to put the matter at rest, that they’ve been telling her, “This is ridiculous, that we shouldn’t spend any more money and time on this.”

Fishbein said the report still left him with questions that he would like to ask the personnel director.

“I don’t think all of my questions are answered,” Fishbein said of the questions councilors were allowed to submit for the inquest. “He doesn’t talk about who loaded the trucks.”

Fishbein had asked who loaded trucks with wood taken to Mangino’s property, but the report gives only the names of drivers, Public Works employees Mangino and John Manke.

Economopoulos, who instigated the investigation and is being sued for libel and defamation by Mangino because of his involvement with it, said he thinks that the fact that some of the facts waver in the report shows that there is something to his claims.

“My story from the report and from what I originally reported ... has not wavered. Yet, if you look at their stories, they have wavered considerably,” Economopoulos said Monday.

One example he uses is the addresses of the property Mangino listed as a dump site on his bid contract with the Water Department. He lists 1171 S. Broad St. on the contract, which is where Economopoulos found pallets of shrink-wrapped wood, but later said the address is actually 1173. Mangino says this was an error, and solicited a signed affidavit from the owner of 1171, Roland Clavet, saying that the wood is his, but Economopoulos said it’s one of many discrepancies found during the investigation.

“There’s just too many questions that weren’t answered,” Economopoulos said.

Mayor William W. Dickinson Jr. said the town would address questions that remain.

“Mr. Sullivan obviously spent a lot of time — I understand it’s close to 80 hours with the interview and review of things, so it sounds like a very thorough effort,” Dickinson said. “If there are other questions to be asked, they can be dealt with.”