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OCTOBER 12, 2006


ATTENDANCE: Carvin Hilliard, Chair; Gwen Briggs; Douglas Hempstead (8:10 p.m.); Matthew Miklave; Douglas Sutton

STAFF: Fred Gilden, Comptroller; Lisa Biagiarelli, Tax Collector

OTHERS: Graham Powell, Hilltop Homes

Mr. Hilliard called the meeting to order at 8:00 p.m.

** MS. BRIGGS MOVED TO SUSPEND THE RULES TO TAKE THE AGENDA OUT OF ORDER
** MOTION PASSED UNANIMOUSLY

AUTHORIZE THE MAYOR, RICHARD A. MOCCIA TO EXECUTE A MODIFICATION TO THE TAX ABATEMENT AGREEMENT WITH ROWAYTON SENIOR HOUSING CORPORATION (HILLTOP HOMES). THE PURPOSE OF THE MODIFICATION IS TO ALLOW DEBT SERVICE (MORTGAGE PAYMENTS) TO BE DEDUCTED FROM RENTAL INCOME PRIOR TO THE CALCULATION OF THE 10% PAYMENT IN LIEU OF TAXES (PILOT)

** MS. BRIGGS MOVED THE ITEM

Mr. Hilliard said that he supports senior housing. Mr. Miklave asked if anyone knew the source of the statutory authority to abate the taxes. He added that he had not difficulty with this item in concept. He said that his concern was that they do not have the statutory authority to do this. Mr. Miklave said that he wants consistency so that everyone has a fair shake. He said that he absolutely agrees that it is appropriate to abate the taxes on this property, but he wants to be sure that it is done right.

Mr. Hempstead arrived at 8:10 p.m.

Ms. Briggs agreed and said that the abatements that apply to senior housing are inconsistent.

Mr. Hilliard suggested moving this item forward and they should have something from the Corporation Counsel when the Common Council meets. He said that this is something they should do more of, but agreed that it needs to be sent to the Corporation Counsel.

Mr. Miklave said that this issue has been discussed since November 2005 and does not believe that the October meeting of the Common Council is a magic day. He said that he would prefer to do this right. Mr. Hilliard said that he will pass this on to the Corporation counsel who will provide them with a ruling. He said that the bigger picture can’t be solved in this Committee.

Mr. Miklave said that this has been in City Hall for a year and this Committee was already given advice by the previous Corporation Counsel. He said that in light of this, it would not be prudent to pass this on to the Common Council. Mr. Miklave said that he can’t support this at this juncture because of his concern as to whether or not this body has the legal authorization to do this.

Ms. Briggs said that earlier this year, the Common Council passed an abatement for the Miss Laura Raymond home. Mr. Sutton asked for additional insight into the original perspective.

Mr. Graham Powell said that the homes were set up in 1982. He said that there are 24 units with 26 people living in them in Rowayton. Mr. Sutton asked if there were any time constraints. Mr. Powell said that there were none. He said that this has been in the melting pot since 1982 and he is trying to get this fixed. Mr. Hempstead asked Mr. Powell when he originally submitted this request to the City. Mr. Powell said that he broached this with the previous Mayor. Mr. Miklave asked if an agreement was ever implemented. Mr. Powell said that it was not. Mr. Miklave asked Mr. Powell if there any claims for retroactive abatements. Mr. Powell said that they do not currently intend to. He said that their hope is that the original agreement will be entered into for the same period of time going forward.

** MOTION PASSED WITH TWO (2) VOTES IN OPPOSITION (MR. HEMPSTEAD AND MR. MIKLAVE)

1. COMMITTEE: RECEIVE THE MONTHLY CLAIMS REPORT; REVIEW AND APPROVE CLAIMS AS REQUIRED FOR CLAIMS REPORT DATED OCTOBER 12, 2006

Ms. Biagiarelli said that there were no special requests this month. The Committee accepted the monthly claims report.

2. NARRATIVE ON TAX COLLECTIONS DATED OCTOBER 12, 2006 – RECEIVE REPORT AND DISCUSS

Ms. Biagiarelli reviewed her written report. She said that they are three months into the fiscal year and collections are slightly down. She said that delinquent notices were sent out.

3. MONTHLY TAX COLLECTOR’S REPORT DATED SEPTEMBER 30, 2006 – RECEIVE REPORT AND DISCUSS

Ms. Biagiarelli said that they will be preparing for the second installation tax bill next month.

Mr. Hempstead asked about the sewer collection. Ms. Biagiarelli said that the flow is troublesome to administer. Ms. Biagiarelli said that they are planning a tax sale in the spring.

** MR. HEMPSTEAD MOVED TO ACCEPT ITEMS 1, 2 & 3
** MOTION PASSED UNANIMOUSLY

RECEIVE BOARD OF ESTIMATE AND TAXATION SPECIAL APPROPRIATIONS FROM OCTOBER 2, 2006 MEETING

** MR. SUTTON MOVED TO ACCEPT THIS ITEM

Mr. Gilden explained that this is a special appropriation for $41,800 because of costs associated from the Democratic primary. Mr. Miklave asked if the expenses were more for this primary than for others in the past. Mr. Gilden will provide that information.

** MOTION PASSED WITH ONE (1) VOTE IN OPPOSITION (MR. HEMPSTEAD) AND ONE (1) ABSTENTION (MR. MIKLAVE)

THE CITY OF NORWALK IS HEREBY AUTHORIZED TO ENTER INTO MASTER LEASE/PURCHASE AGREEMENT (THE “AGREEMENT”) WITH M. SPACE HOLDINGS, LLC FOR THE LEASE/PURCHASE OF MODULAR CLASSROOM BUILDINGS IN AN AMOUNT NOT TO EXCEED $772,296.00 ON SUCH TERMS AND CONDITIONS AS SHALL BE APPROVED BY THE MAYOR AND THE DIRECTOR OF FINANCE. THE BOARD OF EDUCATION SHALL BE RESPONSIBLE FOR THE LEASE PAYMENTS UNDER THE AGREEMENT FROM ITS ANNUAL LUMP SUM APPROPRIATION. THE MAYOR, THE SUPERINTENDENT OF SCHOOLS AND/OR THE DEPUTY SUPERINTENDENT ARE HEREBY EACH INDIVIDUALLY AUTHORIZED TO EXECUTE AND DELIVER THE AGREEMENT AND ANY AND ALL OTHER AGREEMENTS, INSTRUMENTS AND DOCUMENTS ASSOCIATED THEREWITH. ANY AND ALL ACTIONS HERETOFORE TAKEN WITH RESPECT TO THE AGREEMENT ARE HEREBY RATIFIED AND APPROVED


Mr. Opdel explained that the lowest bid came from Mspace Holdings. The company is made up of members of other companies he has had dealings with. Mr. Opdel described the project.

Mr. Hempstead asked why they chose not to purchase the portable classrooms. Mr. Opdel explained that they looked at the lease price and it made more sense to enter into a lease agreement. Mr. Hempstead asked if there were empty classrooms at other schools. Mr. Opdel said that he believed they were all full at this point.

Mr. Reynolds, the principal at Jefferson School explained that the school was designed during the 1970’s using an open design. He said that the classrooms will not accommodate the students, even without the addition of the magnet school. Mr. Opdal said that as they develop the plans for the magnet school, there will need to be additional modifications made to the building.

Mr. Miklave commented that he would like this to move forward as quickly as possible He said that he support this investment in education, but is frustrated about spending this kind of money on portable classrooms.

Mr. Miklave expressed concern over the wording in the resolution. Mr. Gilden said that it was written by the bond counsel. He offered to get clarification on the wording. Mr. Hempstead asked why they chose a school that was bursting at the seams. Mr. Reynolds said that the beginning of the process dates back two years from the Racial Balance Committee. They looked at the issue of the individual schools in Norwalk and Jefferson was the closest to being too diverse.

Mr. Hempstead said that they should look at how the money could be used inside the school. He said that he had to vote for the best use of the taxpayers money and would rather see the money being spent on something that was not temporary.

Mr. Hempstead asked about redistricting. Mr. Reynolds said that was one of the options brought back from the Racial Balance Committee, but they have a huge number of families that walk to school. Mr. Sutton said that redistricting used to be very negative. The concept of a magnet school has done a good job of dealing with diversity in the City.

Mr. Miklave said that the American education system has to concentrate on becoming competitive in the world. Mr. Reynolds said that the Board of Education supports the magnet school and they provide busing to Stepping Stones Museum for Children and to The Maritime Aquarium.

** MS. BRIGGS MOVED THE ITEM TO THE FULL COMMON COUNCIL
** MOTION PASSED WITH ONE (1) ABSTENTION (MR. HEMPSTEAD)


RESOLUTION AUTHORIZING THE BORROWING OF NOT EXCEEDING $4,300,000 FROM THE PROCEEDS OF REVENUE BONDS OF THE STATE OF CONNECTICUT HEALTH AND EDUCATIONAL FACILITIES AUTHORITY TO FINANCE THE EXPANSION OF AND CAPITAL IMPROVEMENTS TO THE NATHANIEL ELY DAY CARE CENTER

Mr. Hilliard disclosed that he was the Chairman of NEON and would not vote on this item. Mr. Hempstead said that he and Ms. Briggs were also on the Board of Neon as Common Council appointments.

Mr. Miklave said that under the ethics rule, the record needs to show that the issue was disclosed, but it is not inappropriate for the Chair to vote on this item. Mr. Hempstead said that he is a member of the NEON Board and feels that there is no conflict with this. Ms. Briggs said that she was also on the NEON Board. Mr. Sutton said that he was on the NEON Board. Mr. Miklave said that he was not on the NEON Board.

** MR. HEMPSTEAD MOVED THE ITEM
** MOTION PASSED WITH ONE (1) ABSTENTION (MR. HILLIARD)

APPROVAL OF MINUTES OF THE SEPTEMBER 14, 2006 MEETING

** MR. MIKLAVE MOVED TO TABLE THE MINUTES
** MOTION PASSED UNANIMOUSLY

There was no further business and the meeting was unanimously adjourned at 9:25 p.m.

Respectfully submitted,

Rosemarie Lombardi
Telesco Secretarial Services

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