SPECIAL MEETING
JANUARY 2, 2007

ATTENDANCE: Douglas Sutton, Chairman; Gwen Briggs; Bill Krummel; Nick Kydes; Doug Hempstead; Kevin Poruban.

STAFF: Alan Lo.

OTHERS: Amar Shamas, Gilbane.

ROLL CALL

The meeting was called to order at 6:15 p.m. by the Chairman.

NEW BUSINESS

FODOR FARM

** MR. KRUMMEL MOVED TO SUSPEND THE RULES TO TAKE UP ITEM II.C.1 OUT OF ORDER.
** MOTION PASSED UNANIMOUSLY.

REVIEW FODOR FARM FINAL REPORT AND DRAFT HISTORIC DISTRICT ORDINANCE FOR FODOR FARM HISTORIC DISTRICT (DATED DECEMBER 14, 2006) AS PREPARED BY THE FODOR FARM HISTORIC DISTRICT STUDY COMMITTEE

Tod Bryant, Chairperson of the Fodor Farm Historic District Study Committee, introduced the other members of the committee and reviewed the report. Their recommendation is that a local historic district be established and that it includes the entire parcel. It should be subdivided into four separate parcels, one for each of the houses and one for the rest of the property. The houses will not be able to be resubdivided. They should be sold to private individuals, and restored at their expense. The remaining parcel would remain as is, under the control of the Recreation & Parks Committee. The Historic District Commission would work with Recreation & Parks to implement design review, pursuant to Historic District Commission regulations. The Historic Preservation Council accepted this draft report by unanimous vote.

Mr. Bryant said that historic district commissions have deep support structures. They feel this would be a tremendous asset to Norwalk.

Mr. Krummel asked Mr. Bryant how he would compare deed restrictions with the Local Historic District Commission. Mr. Bryant said his understanding is that deed restrictions are complicated to write about design issues and he did not know how they would be enforced. When there is a dispute, there would be legal fees to the City. There would be expertise to apply deed restrictions. A Historic District Commission would set guidelines. Any changes would have to come before the Historic District Commission. Any request for change would be weighed against the historic district regulations. Regulations would be applied even-handedly.

Mr. Krummel said it is mandatory that a member of the commission be an architect. Mr. Bryant said it is not mandatory but an architect would be a huge asset.

Mr. Hempstead asked where questions should be submitted to. The Chairman said that questions should be submitted to Mr. Bryant and Mr. Lo. Mr. Lo said all questions should be copies to him so that he can keep a record.

Mr. Hempstead stated that tthis is a very good document, but he has questions that need answers. Mr. Bryant said this is a boiler-plate ordinance and comes from the Norwalk City Code re a village district ordinance that was overturned.

Mr. Hempstead asked what would happen if no one bids on historic houses. Mr. Bryant said it would not be a problem. Such houses are quite desirable. They may not get top dollar but these houses will sell.

Mr. Poruban said that, at the public hearing, Mr. Peoples spoke against this plan. Mr. Poruban is trying to find information about his proposal. Mr. Bryant said his understanding is that Mr. Peoples’ idea was that Mr. People proposed to lease one of the houses for ten years and, at the end, he would come back to the City.

Mr. Poruban said that he and Mr. Hempstead read that 2/3 of the property owners in the district would have to vote in favor. Mr. Bryant said it would only include members in the historic district. Anyone in the City can be appointed to the Commission. Mr. Poruban asked if they would consider amending the ordinance to include abutting property owners. Mr. Bryant said this is a boiler-plate ordinance. They are following the State statute, which does not allow for that.

Mr. Poruban said Recreation & Parks has some ideas for this property. It is not a level terrain. He asked what Recreation & Parks envisions. Mr. Lo said he did not know. Mr. Poruban said he was concerned about drainage. Mr. Bryant said that is beyond their expertise. Mr. Lo said that it is his understanding that Recreation & Parks would be concerned about the City losing control over this property. Mr. Bryant said that the Historic District Commission cannot control use. Several other towns have cordial relationships with their Recreation & Parks departments.

Mr. Kydes thanked the Committee for working on the proposed ordinance. He had concerns about the district and deed restrictions. Regarding property rights, who will determine what is and is not appropriate and by which guidelines? This has the potential to restrict property owners. He would hate to take away private property rights. The other issue is who will pay if there is litigation – it will be the taxpayers. Mr. Bryant said that 56-6 is the heart of a historic district. The majority of the property owners must agree to these regulations. The City would only have legal fees when there is a serious dispute about a certificate of appropriateness.

Mr. Kydes said P&Z commissions make sure everyone conforms to regulations. This is another burden on home owners. Citizens should read this document and understand what they are getting involved in. He asked Mr. Bryant how this commission would interact with P&Z. Mr. Bryant said they work with a completely different set of rules. P&Z regulations would probably trump. This is an addition to these regulations.

Mr. Kydes said 56-9 allows this commission to initiate action in superior court and he asked if they would work with Corporation Counsel. Mr. Bryant responded affirmatively.

Mr. Krummel said this is a pioneering commission. This commission would operate as a design review commission, which is very much needed in Norwalk. They are concerned with property rights, but there are other rights, such as those of the community and the nation in preserving valuable historic properties. All they are talking about is exterior design. The effort is to present a ground breaking effort to preserve Norwalk’s historical heritage.

Mr. Hempstead said that Norwalk has a referendum process in place. Mr. Bryant said that, in other cities, it is done by the governing body. He will find out if any others use referendums. Mr. Hempstead asked Mr. Bryant about budgetary issues. Mr. Bryant said they did not go down that road. The state said they could make the commission a subcommittee of the Historical Commission.

Mr. Hempstead asked if the legislative body would make changes to the ordinance or if it would be the study committee. Mr. Bryant said it would be fine tuned at the committee level and then sent back to the Council.

Mr. Poruban asked Mr. Bryant if any municipality was sued by a property owner who obtained a historic property and was upset by a design change. Mr. Bryant said there is one in New Canaan that is currently ongoing.

Mrs. Briggs asked about the open space and the relationship to the Recreation & Parks Committee. Would the commission be the initiator of programs on the property or Recreation & Parks? Mr. Bryant said he hoped they could work together on programs. The ultimate say regarding usage would probably be the parks department with design review by the commission.

** MR. KRUMMEL MOVED THAT THIS PROPOSED ORDINANCE BE FORWARDED TO THE ORDINANCE COMMITTEE FOR THEIR CONSIDERATION.

Mr. Lo noted that this was a special meeting, and as such, no action could be taken that was not on the agenda. However, this can be forwarded.

Mr. Bryant said this was submitted to the Ordinance Committee for their December 19th meeting, which had been cancelled.

The Chairman said it is their charge to accept the total report, of which the ordinance is a part.

Mr. Hempstead said that this committee should have its questions answered before passing this on to the Ordinance Committee.

Mr. Kydes said this nation was started by the freedom of the individual. Once you start thinking you can suppress the rights of law abiding citizens for the good of the whole, you are treading upon very dangerous waters. They must be mindful of individual rights.

The Chairman thanked the commission for all of their work. Accepting the report does not dissolve the committee until the Council makes its decision.

Mr. Lo requested clarification, and it was noted that the committee would dissolve only after the Council accepts or rejects the report.

Mr. Krummel said that this committee receives this report rather than approves it.

NFCC REFERRALS

ROTON MIDDLE SCHOOL IMPROVEMENT PROJECT: REVIEW GUARANTEED MAXIMUM PRICE DATED 12/21/06 RECEIVED FROM SKANSKA USA BUILDING, INC. AND REFER TO COMMON COUNCIL FOR ACTION

** MRS. BRIGGS MOVED TO AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE A GUARANTEED MAXIMUM PRICE AMENDMENT TO SKANSKA USA BUILDING, INC.’S CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE ROTON MIDDLE SCHOOL IMPROVEMENT PROJECT FOR A TOTAL NOT TO EXCEED $6,739,437, ACCT #0904-5010-5777-B0312; ESTABLISH AN ALLOWANCE FOR OWNER’S CONTINGENCY IN THE AMOUNT OF $675,000 AND AUTHORIZE THE NFCC TO ISSUE CHANGE ORDERS ON CONTRACT FOR A TOTAL NOT TO EXCEED THE OWNER’S CONTINGENCY ALLOWANCE.
Mr. Shamas reviewed the request.

** MOTION PASSED UNANIMOUSLY.

REVIEW URS’ REQUESTS FOR ADDITIONAL COMPENSATION AT TRACY AND COLUMBUS SCHOOLS AND REFER TO COMMON COUNCIL FOR APPROVAL

** MR. KYDES MOVED TO AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE AN AMENDMENT TO URS CORPORATION’S CONTRACT FOR THE COLUMBUS AND TRACEY ELEMENTARY SCHOOLS TO PROVIDE ADDITIONAL MONITORING SERVICES ASSOCIATED WITH THE REMOVAL OF THE HAZARDOUS MATERIAL DURING THE CONSTRUCTION PHASE AS FOLLOWS: TRACEY ELEMENTARY SCHOOL IN THE AMOUNT OF $14,913 (ACCT. #09045010-5777-B0311) AND COLUMBUS ELEMENTARY SCHOOL IN THE AMOUNT OF $8,639 (ACCT. 09045010-5777-B0314).

Mr. Shamas reviewed this request.

** MOTION PASSED UNANIMOUSLY.

REVIEW REQUEST TO INCREASE CONTINGENCY ALLOWANCE FOR AAIS CORP. OF WEST HAVEN, CT’S ASBESTOS ABATEMENT CONTRACT FOR THE NATHANIEL ELY CENTER IMPROVEMENT PROJECT FOR AN ADDITIONAL AMOUNT OF $25,000. ACCT. #09064074-5777-C0346, AND AUTHORIZE THE NFCC TO ISSUE CHANGE ORDERS ON CONTRACT FOR A TOTAL NOT TO EXCEED THE CONTINGENCY ALLOWANCE

** MR. HEMPSTEAD MOVED TO APPROVE.

Mr. Lo reviewed the request.

** MOTION PASSED UNANIMOUSLY.

BOARD OF EDUCATION

REVIEW BID RESULTS FOR MULTI-MEDIA CART AND REFER TO THE COMMON COUNCIL

Mr. Lo reviewed the request. It was noted that the representative from the Board of Education had left the meeting to attend the Board of Education meeting.

** MR. HEMPSTEAD MOVED TO TABLE.
** MOTION PASSED WITH ONE VOTE IN OPPOSITION (PORUBAN).

ADJOURNMENT

** MR. KRUMMEL MOVED TO ADJOURN.
** MOTION PASSED UNANIMOUSLY.

The meeting was adjourned at 7:30 p.m.

Respectfully submitted,

Cheryl Telesco
Telesco Secretarial Services