For minutes of meetings not listed below please contact Alan Lo
at 203-854-6790 or email at alo@norwalkct.org

CITY OF NORWALK
LAND USE & BUILDING MANAGEMENT COMMITTEE
OCTOBER 18, 2007

ATTENDANCE: Douglas Sutton, Chair; Gwen Briggs; Douglas Hempstead; William Krummel (7:39 p.m.); Kevin Poruban (7:50 p.m.)

STAFF: Alan Lo, Building & Facilities Manager

OTHERS: Carol Ann Falasca; penny Vitolo; Terri Tylo; Pat Hadden;
Anne Searles; Ralph Bloom; Scott Gibson; Joe Robideux;
David E. Bolton; George A Bolton; Gaye Seymour; Joe Delallo; Peter Bondi; Gail Wall; William W. Kennedy; Jackie Lightfield; Deborah Mathies; Laurel Lindstrom; Hal Alvord; Amar Shamas
I. ROLL CALL
Mr. Sutton called the meeting to order at 7:35 p.m. and announced that there was no quorum present at this time.
III. OLD BUSINESS
A. NFCC referral (Tabled from September 20, 2007 meeting)
1. Gilbane Program Management Services –
** MS. BRIGGS MOVED THE FOLLOWING ITEM:
REVIEW AND REFER THE FOLLOWING TO THE COMMON COUNCIL FOR APPROVAL:

“AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE AN AMENDMENT TO EXTEND GILBANE BUILDING COMPANY’S PROGRAM MANAGEMENT CONTRACT FOR PERIOD BEGINNING JANUARY 1, 2008 AND ENDING DECEMBER 31, 2008 FOR A TOTAL NOT TO EXCEED $492,281.00. WHERE APPLICABLE, THE APPROPRIATE FEE WILL BE CHARGED AGAINST SPECIFIC PROJECTS FOR FUTURE STATE REIMBURSEMENT. FUNDS ARE AVAILABLE FROM VARIOUS CAPITAL BUDGET ACCOUNTS.”
Mr. Krummel arrived at 7:39 p.m.
Mr. Shamas, representing Gilbane said that he was here this evening to answer any questions the Committee had about the program director’s salary. He said that the 12% increase was due to the burden of increases across the board. He explained that the rate was miscalculated last year, in addition, the remaining balance is due to increased insurance rates.
** MOTION PASSED UNANIMOUSLY
** MR. HEMPSTEAD MOVED TO SUSPEND THE RULES TO ADD AN ITEM TO THE AGENDA
** MOTION PASSED UNANIMOUSLY
** MR. HEMPSTEAD MOVED TO ADD THE FOLLOWING ITEMS:
V. MISCELLANEOUS/DISCUSSION ITEMS
** MR. HEMPSTEAD MOVED THE FOLLOWING ITEM:
1. REVIEW PROPOSAL FROM FRIENDS OF THE NORWALK MUSEUM, INC. TO THE NORWALK HISTORICAL COMMISSION FOR THE CITY TO ENTER INTO AN AGREEMENT FOR THE OPERATION OF THE NORWALK MUSEUM
Mr. Hempstead explained that his intention was to take the proposal and use it as a template to bring the parties together. He said that they had to tackle the hurdles that stand in the way of the groups involved. He said that to this point the process has been slow and some may see it as inactivity, bureaucratic or political but that is part of the process.
Mr. Krummel said that his concern was keeping the Norwalk Museum going and intact; he said that it was in danger if he doesn’t get the support it needs.
Mr. Poruban arrived at 7:50 p.m.
Mr. Krummel said that he would like to see enough programs to insure the viability of the Museum. He said that the Friends have been taking care of the facility and he would like to see them recognized. He noted that there are complications and would like to avoid them. Mr. Krummel said that he understood there is objection to this from the union and that they see this as a threat to remove the Curator. He said that he would like to get around that problem and support the Friends. It is essential to maintain the Museum.
Ms. Briggs said that she agreed with Mr. Krummel; the Friends are essential to the Museum. She proposed finding a way to establish a Board of Directors and incorporate the Friends as a Board of the Museum. Ms. Briggs explained that the Board of Directors would be the governing body of the Museum and the staff would report to the Board of Directors.
Mr. Hempstead said that the Museum is a tremendous asset, but it is never open. The intent is to get a group to run it better. The position is a union position and that has to be negotiated. No one is talking about eliminating the position; the City should have a Curator. Mr. Hempstead said that he had hoped the report would have come back to this Committee for review.
** MR. HEMPSTEAD MOVED THAT THE COMMITTEE FORWARD THE DOCUMENT TO ALL APPROPRIATE PARTIES FOR FURTHER REVIEW
** MOTION PASSED UNANIMOUSLY
Mr. Krummel said that it was important to note that this Committee referred this to the Historical Commission who gave unanimous support to the Friends of the Norwalk Museum proposal.
Mr. Poruban asked to see a copy of the Curator job description. Ms. Tylo said that having a job description and following it are two different things. She said that the Friends work hard at the Museum; the Museum has been held hostage by the job description.
Mr. DiLallo, Union President, said it is immaterial who holds the position of Curator. He said that he was here this evening to defend the job description. He said that the biggest problem is to determine who was running what. He said that he understood that the Museum was short staffed and needed the Volunteers to run the Museum. According to the job description, the Historical Commission is supposed to run the Museum.
Mr. Gibson said that for years the job description has been a bone of contention and that is why within six months of hiring this person, the Commission informed the Mayor that they had no confidence in this person. He said that the reason the Friends set forward the items is because of what they have been doing for years. Ms. Tylo said that the Friends pre-date the Historical commission.
Mr. Poruban said that he believed there were items in the job description that needed to be updated. He suggested referring this to the Personnel Committee.
Mr. Kenny said that no city in the United States is geared up to run a Museum with elected officials. They are all run by non-profit organizations.
Mr. Bondi, Chair of the Historical Commission said that he understood the frustration of running the Museum and the cost of running it. He questioned however, whether or not a non-profit could raise enough money to run the Museum; the City puts a lot of money into the Museum. He said that he has the documents that can be used as a guideline to keep the Museum open. When the Lockwood family made their donation, they stated that there had to be a Curator. Mr. Bondi said that he wants to see everyone work together for the common cause - the Norwalk Museum.
Mr. Krummel said that he was concerned that they did not have the Historical Commission’s final actions; he asked if the Union representative objected to the proposal. The proposal that was forwarded to this Committee has not been modified to include the significant change of “the Curator” to the correct “a Curator”. Mr. Hempstead pointed out that the union was defending a position, not a person and that is a normal process. He said that the purpose was to get beyond tonight and get the Law Department to work on the document.
Ms. Tylo said that as a Volunteer she does not know if a full time Curator is needed. She said that they need a Librarian to clean the chaos in the Library.
Ms. Wall said that the July 25, 2007 minutes of the Historical Commission show that they unanimously approved the Friend’s agreement and that the Chair of the Commission should have forwarded the amended document to the Legal Department. Mr. Bondi said that he did that right away.
Mr. Bloom said that he was appointed Curator on January 17, 1972 and the meaning of the job has changed tremendously over the years. The job description has not been updated since 1988 when the Museum moved down town.
Mr. Robidux said that any employee hired by the City needs to be monitored. The hiring did not go through the proper channels; the job was given to the current Curator by the Mayor at in office at that time. Other applicants were not given consideration. Mr. Robidux said that they are asking the Curator to do the job she is being paid for.
Mr. Krummel said that they received a proposal for the Friends to operate the Museum in conjunction with the Curator. He said that they need a complete proposal but do not have it and asked why not. He said that there is a separate issue on the position description for the Curator position. Mr. Bondi said that he did pass it on in July.
** MR. HEMPSTEAD MOVED TO FORWARD THE DRAFT CONCEPT OPERATING AGREEMENT AS AMENDED BY THE HISTORICAL COMMISSION TO THE LAW DEPARTMENT IN CONJUCTION WITH JOB DESCRIPTION FOR THE CURATOR POSITION
Mr. Poruban suggested that they first send everything to the Law Department before sending anything to the Personnel Committee. Mr. Hempstead said that they can’t move forward until they get something back from the Law Department. Mr. Gibson agreed and said that it would be more efficient to see what the City wants to do with regard to the Curator position.
Ms. Mathies said that the Friends want to codify what their position has been for the past 37 years. They volunteer and fund raise and that should be acknowledged.
Mr. DeLallo said that the problem is that they can’t have two different groups doing two different things. Mr. Gibson pointed out that the Commission never ran the Museum on a day to day basis.
Ms. Wall said that there were serious staffing issues two years ago during the “Angry Waters” exhibit. That is when the Friends came back full time. Soon after that the Commission approved keeping them on full time. Ms. Wall explained that the City owns the collection and the Curator is the staff person to the Museum.
Ms. Wall said that the Curator has been absent for six months during the last year and the Friends kept the Museum open during that period. Having the Friends report to the Historical Commission is an ideal situation which has been working for over two years.
Mr. Hempstead asked what would happen if someone were in a position where they did not meet the qualifications. Mr. DeLallo said that normally if the qualifications change, but the person is performing the work, they will stay; however, he added that anyone could get fired.
Mr. Gibson said that the process was corrupted through two administrations.
Mr. Poruban asked Mr. Alvord, Director DPW if a City employee could be terminated by an appointed body. Mr. Alvord said that a City employee could be terminated for substandard performance.
Ms. Wall said that in June 2005, the Historical Commission passed a vote of no confidence in the Curator. She said that they worked with the Personnel Director, Ms. LeTourneau. She said that they have been down this road for several years. In the last year the Curator’s absence made the situation more desperate.
Ms. Tylo asked if it was fair to ask a non-profit board of the City to deal with a City employee. Mr. Hempstead asked if there was anything prohibiting an employee from reporting to a non-profit agency rather than a commission. Mr. DeLallo said that they would have to go through proper channels. Ms. Falasca noted that the Friends is a non-profit and they carry their own insurance.
** MR. KRUMMEL ADDED THE FOLLOWING FRIENDLY AMENDMENT
IN RECOGNITION OF THE CONTRIBUTION OF THE FRIENDS TO THE SUCCESSFUL MAINTENANCE OF THE MUSEUM
** MOTION PASSED UNANIMOUSLY
** MR. HEMPSTEAD MOVED TO RECOMMEND THAT THE PERSONNEL COMMITTEE PROCEED WITH AUDITING THE CURATOR JOB DESCRIPTION
Mr. Krummel said that he opposed the motion because they have to look at the structure first.
** MOTION FAILED WITH MR. KRUMMEL, MR. PORUBAN AND MS. BRIGGS IN OPPOSITION
** MR. KRUMMEL MOVED THAT THE MANAGEMENT STRUCTURE OF THE NORWALK MUSEUM BE STUDIED BY THE HISTORICAL COMMISSION AND REPORTED BACK TO THE LAND USE AND BUILDING MANAGEMENT COMMITTEE AS SOON AS POSSIBLE
Mr. Krummel said that it was important to consider only the document formally submitted by the Historical Commission. He added that he was concerned about the Museum continuing to function and wants to give the Friends the support they need as quickly as possible.
Ms. Mathies said that she believed the Historical commission voted to give the operation of the Museum over to the Friends regardless of the job description. She said that the Historical Commission submitted a recommendation for restructuring to the Personnel Committee but it was not reviewed. She asked the Committee to please recognize the Friends for what they do.
Mr. Poruban said that they need to re-vamp the job description and they need to move cautiously.
Mr. Hempstead said that the Land Use Committee and the Friends agreed upon the draft agreement. At this point it needs to move forward to the Law Department and then back to the Historical Commission for their review. Then the Land Use Committee will review the agreement. In the meantime they should discuss the position along with the union.
** MR. KRUMMEL WITHDREW HIS MOTION
** MS. BRIGGS MOVED TO RECONSIDER MR. HEMPSTEAD’S MOTION
** MOTION PASSED UNANIMOUSLY
A recess was called at 9:06 p.m.
The meeting reconvened at 9:18 p.m.
2. DISCUSSION ON THE POSSIBILITIES FOR THE OFFICE OF BUILDING MANAGEMENT TO PROVIDE BUILDING MANAGEMENT SERVICES FOR NORWALK HISTORICAL COMMISSION STRUCTURES.
Mr. Hempstead said that there is no true operating budget to maintain the historical buildings. He said that the Historical commission needs help with its structures.
Mr. Alvord said that he agreed that the Commission needs staff to help them manage the facilities, and a Curator is not the person to do that. He said that he was concerned that there were no resources to provide; Mr. Lo is swamped and Guardian does not have the resources. Mr. Poruban said that years ago he tried to act as go between - between Ms. Gunn-Bromley and Grubb & Ellis. Grubb & Ellis did not have the necessary expertise. He said that they need old world crafts people to deal with these structures.
Mr. Bondi suggested putting it under simple routine maintenance such as changing light bulbs, repairing electrical outlets and simple plumbing. He said that if they could hire an architect to do a preservation plan and spec out each job, the Commission could move forward with the bid process on other jobs.
Mr. Krummel said that a function needs to be done, but it would mean the addition of an extra staff person and more funding. Mr. Poruban suggested that Mr. Bondi and the Historical commission identify what they want done.
Mr. Alvord said that he and Mr. Lo spent time with Mr. Hamilton, the City Finance Director, to determine who they could provide staff support. Mr. Hamilton suggested hiring someone for 19 hours a week who would be dedicated to the Historical Commission.
Mr. Hempstead said that the Curator should be able to call Guardian to perform normal, minor maintenance. Mr. Alvord explained that their contract is based on designated buildings and the historical buildings were not included. Mr. Poruban suggested that the contract needs to be amended. Mr. Alvord said that Guardian would need to add additional staff if the historical structures are added.
Mr. Lo said that Mr. Hamilton’s suggestion was good; a handyman could address a lot of items. Mr. Alvord suggested that that person report to the Chair of the Historical Commission; a Curator is not the right person.
Mr. Poruban said that he wanted to be sure the handyman is licensed and insured. Mr. Alvord said that they can make certifications a requirement. Mr. Lo said that this person would be a handyman; they would not work on electrical. Mr. Poruban said that they need to identify what this person would do. Mr. Bondi said that they are looking for someone who can do electrical work and plumbing. The Committee held a lengthy discussion about the responsibilities and qualification for this position.
Mr. Hamilton, Mr. Alvord, Mr. Lo and Mr. Bondi will discuss this further.
Mr. Krummel left the meeting at 9:50 p.m.
II. MINUTES OF PREVIOUS MEETING(S) September 20, 2007
** MR. HEMPSTEAD MOVED TO ACCEPT THE MINUTES AS SUBMITTED
** MOTION PASSED UNANIMOUSLY
B. Surplus Property – 8 Hamilton Avenue
Schedule a Public Hearing on the disposition of this property.
The public hearing will be the first item on the next agenda.
C. Proposed donation of Traffic Island at Willow St., Beacon St. and Sterling Place
Review recommendation from Planning Commission and refer the following to the Common Council for approval:
** MS. BRIGGS MOVED THE FOLLOWING ITEM
AUTHORIZE THE MAYOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO ACCEPT THE DONATION OF TRAFFIC ISLAND AT THE INTERSECTION OF WILLOW STREET, BEACON STREET AND STERLING PLACE FROM MR. PASQUALE CAPORRINO, PROPERTY OWNER (D5-B1-L87C)
Mr. Lo reviewed the item. Mr. Alvord said that he is sending a letter to the property owner requiring them to weed wack the site.
** MOTION PASSED UNANIMOUSLY
D. Fodor Farm
1. Discuss implementation responsibilities and schedule in accordance with the adopted plan for the property
2. Review proposed Lot Line Revision Map
3. Review and discuss proposed deed restrictions
4. Discuss the process of preparing a Conservation Easement
Mr. Lo explained the item and presented the plan. He said that the main property would remain under the ownership of the City and the two houses that would be sold would fall under the Land Use and Building Management Committee.
The Committee agreed that the remaining house should fall under the jurisdiction of Parks and Recreation. Mr. Poruban suggested establishing a land trust for the houses so that they could be maintained by the City. He said that he did not feel confident with Parks and Recreation restoring and maintaining the house.
Mr. Hempstead reviewed the property lot line and suggested creating up to three additional lots for other historical structures at Fodor Farm.
Mr. Lo asked the Committee members to review the deed restriction and e-mail him with their comments. He said that he will review the deed restriction with Mr. Nolin. Mr. Hempstead suggested forwarding the deed restriction to the Historical Commission.
Mr. Lo said that he has a draft conservation easement from Mr. Nolin that may be more restricting than necessary. Mr. Lo will forward it to Parks and Recreation.
IV. NEW BUSINESS
A. Office of Corporation Counsel
1. Review draft Standard Form of License Agreement for Filming and refer the following to the Common Council:
** MR. PORUBAN MOVED THE FOLLOWING ITEM:
AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE ANY AND ALL FILMING LOCATION-LICENSE AGREEMENTS TO ALLOW APPLICANTS FOR FILM LOCATION PERMITS TO USE CITY OF NORWALK PROPERTY IN CONNECTION WITH MEDIA PRODUCTION, INCLUDING VIDEO, FILM AND STILL PHOTOGRAPHY. THIS IS A GENERAL AUTHORIZATION BASED ON THE ATTACHED DOCUMENTS ENTITLED: LOCATION PERMIT APPLICATION AND LICENSE FOR FILMING LOCATIONS.
Mr. Hempstead stated that the Historical Commission needs to review the agreement if an historical property is being used.
Mr. Alvord suggested that the City Clerk coordinate this with the film companies and the appropriate staff. The Committee agreed that they needed to see a fee structure.
** MR. PORUBAN MOVED TO TABLE THIS ITEM TO THE NEXT MEETING AND ASKED THE LAW DEPARTMENT OT COORDINATE A FEE STRUCTURE
** MOTION PASSED UNANIMOUSLY
B. NFCC
1. Review proposed update of Common Council action of September 27, 2005 which authorized the Mayor to execute necessary agreements relating to Norwalk High School co-generation system. Updated action shall be as follows:
** MS. BRIGGS MOVED THE FOLLOWING ITEM:
“AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO APPLY AND TO EXECUTE ANY AND ALL PERMITS, GRANT/ENERGY REBATE APPLICATIONS AND AGREEMENTS AND IMPLEMENT SAID AGREEMENTS NECESSARY FOR THE INCORPORATION OF A COGENERATION SYSTEM (COMBINED HEAT AND POWER) AS PART OF THE NORWALK HIGH SCHOOL IMPROVEMENT PROJECT.”
** MOTION PASSED WITH ONE (1) OPPOSITION (MR. PORUBAN)
** MR. HEMPSTEAD MOVED TO SUSPEND THE RULES TO ADD AN ITEM TO THE AGENDA
** MOTION PASSED UNANIMOUSLY

** MR. HEMPSTEAD MOVED TO ADD THE FOLLOWING ITEM TO THE AGENDA

AUTHORIZE THE ASSIGNMENT OF THE CITY’S AGREEMENT WITH SOUTHPORT ENGINEERING GROUP, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATED TO THE CITY HALL NEW EMERGENCY GENERATOR, TO THE NEW ENTITY KNOWN AS SOUTHPORT ENGINEERING ASSOCIATES, PC. AUTHORIZE THE MAYOR TO EXECUTE A CONSENT TO ASSIGNMENT DOCUMENT IN ORDER TO EVIDENCE THE CITY’S CONSENT.

AUTHORIZE A TECHNICAL CORRECTION OF COMMON COUNCIL ACTION OF SEPTEMBER 25, 2007, ITEM VII.D.5. TO REFLECT THE CORRECT NAME OF THE COMPANY. THE CORRECTED ACTION SHALL BE AS FOLLOWS:

AUTHORIZE THE MAYOR, RICHARD A. MOCCIA, TO EXECUTE AN AMENDMENT TO SOUTHPORT ENGINEERING ASSOCIATES, PC’S ELECTRICAL ENGINEERING SERVICES CONTRACT FOR CITY HALL, TO PROVIDE DESIGN SERVICES FOR A NEW EMERGENCY GENERATOR FOR A TOTAL AMOUNT NOT TO EXCEED $21,600 (INCLUDING $500 FOR REIMBURSABLE EXPENSES) ACCT. #09074071 5777 C0270

** MOTION PASSED UNANIMOUSLY

3. NAMING OF CITY FACILITIES/PROPERTIES
** MR. PORUBAN MOVED TO TABLE THIS ITEM TO THE NEXT MEETING
** MOTION PASSED UNANIMOUSLY

ADJOURNMENT

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

There was no further business and the meeting was adjourned at 10:35 p.m.

Respectfully submitted,

Rosemarie Lombardi
Telesco Secretarial Services

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