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Ahead Of Wednesday Hearing, DTC, RTC Issue Positions On Proposed Ordinance Repeals

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Ahead of the Wednesday, January 18 Legislative Council public hearing and subsequent meeting, during which elected leaders are scheduled to discuss the possible repeal of several ordinances including those involving fracking and disposable plastic bags, local Democratic and Republicans have both issued statements reflecting their party's positions on the matter.

On Monday The Newtown Bee received a correspondence from the Newtown Democratic Town Committee, which states: "The Newtown Democratic Town Committee believes that our environment is an important resource to be protected and is opposed to the repeal of the ordinance. In 2019, after a year and a half of research and public discussion, Newtown adopted an ordinance that encourages the use of reusable bags and thereby protects the environment. There was bipartisan support for the ordinance at the time, and it has been accepted by the community for three and a half years. We see no reason to repeal this ordinance."

The statement was drafted and adopted by the Newtown DTC at its last meeting, January 12 according to Clinton DePaolo, vice chair of the committee.

That was followed Tuesday by a statement contributed by Newtown Republican Town Committee Secretary Michelle Buzzi, representing herself and fellow NRTC board members (not as elected town officials) William DeRosa, chairman; Angela Curi, vice chairman; and John Madzula II, Treasurer.

It states: "Republicans believe in limited government, free markets, personal responsibility, and liberty.

"The Newtown RTC Board has been made aware of misleading information about the proposals to potentially repeal the local plastic bag and fracking waste ordinances; to be clear, if repealed both the use of single use plastic bags and fracking waste products will still be prohibited in Newtown and statewide under Connecticut laws. These state laws did not exist when Newtown passed these ordinances, however, since that time the relevant statutes have been fully implemented.

"The statute on Fracking Waste expressly preempts any local ordinance on the subject.

"The key difference between the Plastic Bag Ordinance and the State Statute is that the local ordinance mandates stores charge 10 cents for a paper bag, a major source of disagreement when the ordinance was passed. Some stores decided to charge 10 cents in all towns where they operate, which shows that retailers do not need Bag Enforcement Officials and ordinances to institute policies for paper bags, and have chosen to do so voluntarily, without an unnecessary government mandate.

"Proponents of the paper bag price mandate believe it is required to change consumer behavior, but we believe that discerning consumers can make their own decisions as to where they shop. As one Democrat Council member acknowledged, everyone knows what stores do and do not follow the ordinance. Absent enforcement this ordinance is purely symbolic.

"The NRTC Board members believe our goal is to do what is best for Newtown, to support a flourishing economy and to keep the scope of government limited in scope and efficient."

Details Of Ordinances

The council will deliberate and potentially act on the Fracking ordinance, which can be reviewed online at https://ecode360.com/33845254

This ordinance prohibits the following:

A. The application of natural gas waste or oil waste, whether or not such waste has received beneficial use determination or other approval for use by DEEP (Department of Energy & Environmental Protection) or any other regulatory body, on any road or real property located within the Town for any purpose is prohibited.

B. The introduction of natural gas waste or oil waste into any wastewater treatment facility within or operated by the Town is prohibited.

C. The introduction of natural gas waste or oil waste into any solid waste management facility within or operated by the Town is prohibited.

D. The storage, disposal, sale, acquisition, transfer, handling, treatment and/or processing of waste from natural gas or oil extraction is prohibited within the Town.

The plastic bag ordinance language can be reviewed at https://ecode360.com/34441181

The purpose of this ordinance, according to the Code Book, is: "The purpose of this chapter is to improve the environment in Newtown and the health, safety, and welfare of its residents by reducing the use of plastic bags and paper bags for checkout and purchased goods and encouraging the use of reusable carryout bags."

The council is also considering repealing an elections-related ordinance, which is detailed here: https://ecode360.com/34435883

According to the Code Book, "The purpose of this [ordinance] is to clarify and memorialize the processes by which Board of Education members are to be elected in the Town of Newtown, pursuant to the Connecticut General Statutes."

That process has since been codified in the Newtown Charter following the latest 2022 Charter Revision vote.

The public hearing and full Legislative Council meeting are both open to the public. Both are scheduled to take place in the Council Chamber of Newtown Municipal Center, 3 Primrose Street, with the public hearing to begin at 7 pm, and is in-person only. The full Council meeting will begin at 7:30, or immediately following the public hearing. The meeting will also be available to livestream at https://vimeo.com/event/729428

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