ATTENDANCE: Michael Coffey, Chairman; Douglas Sutton, Carvin Hilliard

STAFF: Linda Guliuzza, Assistant Corporation Counsel

OTHERS: Connecticut State Attorney General Blumenthal; Mayor Richard
A. Moccia; William Krummel, Common Council; Joann Romano,
Common Council; Walter Briggs, David Russo, Kevin Byrnes,
David Davidson, Robert Santo, Donna King, Mr. Diseal, Mr.
Timothy Sheehan, Redevelopment Agency Director

CALL TO ORDER

Mr. Coffey called the meeting to order at 8:10 p.m. and announced that a quorum was present. He then stated that he would be taking some of the items out of order. Mr. Coffey then announced that Mr. Diseal would be speaking briefly about Agenda Item 4-d Film Ordinances
4. NEW BUSINESS

d – Film Ordinances

Mr. Diseal came forward and greeted the Committee. He said that everyone had been surprised by the level of interest that various film companies had shown regarding filming in Connecticut. Presently, 10 film companies had already utilized portions of Norwalk for filming and at least 2 others were expected in the coming months. Mr. Diseal said that Governor Rell had made it favorable for the companies to do business in Connecticut and that the City welcomes the various film companies. He also noted that the staff had worked hard to accommodate the sudden increase in companies wanting to film in Norwalk. Currently, the Special Events permit application is being used and has proved to be comprehensive. The permitting procedure is controlled by city ordinance. Mr. Diseal suggested that perhaps the Council may wish to reconsider the fees for the permit because the current amount does not cover the amount of work involved for the City staff. Mr. Diseal said that the process is working well, but could be improved. He also said that there is an expected lull during the winter months and that perhaps this would be a good time to review the permit process.

Mr. Coffey thanked Mr. Diseal for his input and said that Mr. Diseal felt that there was anything where the Council could provide assistance, to please be sure to inform the Council.

2. PUBLIC HEARING

Mr. Coffey then called the Public Hearing on the Norwalk Responsible Contractor Ordinance to order at 8:20 p.m.

Let it be noted that the following comments and remarks by all speakers have been summarized and are not necessarily verbatim.

The first speaker was Mr. Walter Briggs of Norwalk. Mr. Briggs greeted the Committee members and stated that he was present to express his pleasure regarding the Committee had brought this issue forward. Mr. Briggs stated that he believe it was an excellent ordinance. He also said that he had some suggestions that he felt would add to the ordinance.

Mr. Briggs said that it would be helpful if the following things were included to provide strong oversight, enforcement and community involvement. This would create good paying professional jobs for the residents and protect the taxpayers from work done by contractors with poor quality histories. He then proposed that the Norwalk vocational and community organizations to refer qualified applicants into the apprentice pool for hiring by the various contractors. The City should recommend a base line level for apprentice hiring for the contractors.

Mr. Briggs also commented that an oversight board should be established comprised of mayoral appointees, Common Council appointees, building trades appointees, appointees from the developer and representatives from local community organizations. This board would recommend ethical contracting standards, minimum apprenticeship levels, and penalties for contract violations to the Common Council on an ongoing basis. This would also protect Norwalk from doing business with white collar criminals or businesses, which have defrauded the City or State in the past and insure that local goals are being met by scrutinizing all requests for exemptions. Mr. Briggs said that exemption scrutiny is very important because people try to figure out ways to get around ordinances. Mr. Briggs said that the City should require that the contractors pay the prevailing wages under the Federal Davis-Bacon Act.

Mr. Briggs concluded by saying that these were his recommendation and that these had been submitted to Mr. Coffey in writing the previous day and would appreciate it if the committee would consider including them in the ordinance.

Mr. William Krummel, of the Common Council, addressed the Committee next. Mr. Krummel thanked the Committee for the opportunity to speak and said that it was a significant moment in Council’s activity. Mr. Krummel said that he applauded the Committee for taking the first steps in this matter and that Mr. Briggs’ comments were very appropriate. Mr. Krummel said that this ordinance will be a key factor in building a strong community.

Mr. Krummel said that he would like to focus his remarks on the aspect of apprenticeship programs for the local youth. He said that he could think of no more significant work to be accomplished by the Council than giving increased opportunity for the young people to learn trades and get into productive, well paying jobs.

Mr. Krummel said that there would be criticism that this would be costly program. He said his response would be that any money the City puts into creating opportunities for young people will be multiplied many fold in savings to the community at large in the future.

Mr. David Russo, of 25 Mohawk Street, addressed the Committee next. He said that he wished to make the Committee aware of the blatant abuse of illegal actions on job sites. He said that this occurs when workers are illegal aliens and are paid in cash. Apprenticeship programs are already in line, but white collar criminals are blatant. Mr. Russo then recounted an incident on a job outside of Fairfield County where the contractor knew in advance the inspector was coming. The owner of the company was told to remove one of the unlicensed sheet metal workers. The man did not come back, but three more appeared the following week. Mr. Russo said that when he is at many job sites, there are illegal workers who do not pay taxes. He said that he hoped the Committee would seriously consider increasing the number of inspectors or giving them more power or putting the contractors under the microscope in terms of legality. It is wrong to force those who are legally licensed for a particular trade to be forced out of work because there are those who will work illegal for half the pay.

Mr. Coffey then stated that Council Member Romano had come to the meeting from another meeting to speak on Agenda Item 4b – the Children’s Ordinance.

4. NEW BUSINESS CONT’D

4b – Children’s Ordinance.

Ms. Romano said that there were State and local policies in place regarding the children in town. She said that she was hoping to propose a Common Council resolution to enhance these policies. These would protect Norwalk’s children from abuse, including sexual abuse, sexual predators, physical abuse, mental abuse, racial inequality, and anything that would put Norwalk’s children in harm. She reiterated that it would be an enhancement of what is already done. This would be a policy by the Common Council. Ms. Romano said that she works with all the major national organizations for missing and abused children for many years. She said that she received at least 25 emails daily about missing or abused children. Ms. Romano then gave a brief overview of abuse. She said that her proposal was a nine page resolution that would be policy. She said that she hopes that the Council will adopt it and it becomes part of what will be expected of anyone in the town who works with children.

2. PUBLIC HEARING ON THE NORWALK RESPONSIBLE CONTRACTOR ORDINANCE CONT’D

Mr. Kevin Byrnes, the president of the Fairfield County Building Trades, who lives in Fairfield, addressed the Committee. Mr. Byrnes thanked the Committee for the opportunity to speak. He said that his organization represents about 15 trades that work in the Fairfield County area and supports the Responsible Contractor Ordinance. He also commended the Committee on their work.

Mr. Byrnes said that it would be a great benefit to the City of Norwalk and to all the residents. He also said that when towns have had projects where city money had been spend on shoddy workmanship or where jobs have been done by unlicensed workers, or throw away laborers have been brought in, the city pays for it in the long run. These issues are addressed in the ordinance.

Mr. Byrnes said that the ordinance also addressed apprenticeship programs and added that the majority of open shop contractors do not participate in apprenticeship programs. The ordinance insures that the construction manager adheres to the law along with all the subcontractors. This protects the City of Norwalk and also insures that the residents of Norwalk will have preferential hiring status for the job. Mr. Byrnes said this was a win-win situation for the City and the residents. All 15 building trades can open their doors and hold an apprenticeship job fair for Norwalk. Mr. Byrnes said that this has worked in other cities and other towns.

Mr. David Davidson, of 16 Betmarlea Road, addressed the Committee next. He said that he was not in favor or against the ordinance, but request that the Ordinance Committee send the proposed ordinance to the Finance Department for evaluation of what the cost of the ordinance would be for the City. Not doing that would be to fail the Committee’s responsibility.

A study of the project labor agreements and the cost of public school construction projects in Connecticut indicate that a 15-20% increase in costs takes place when project labor agreements are enforced. Mr. Davidson said that it would be important for the Common Council to understand the economic impact when considering this ordinance. Mr. Davidson then repeated his request to have the ordinance sent to the Finance Department before sending it to the Council.

Mayor Moccia then came forward to address the Committee. Mayor Moccia said that he would like to take a quick moment to express his thanks to Mary Roman, and everyone else involved in the movie permitting process. Mayor Moccia suggested that perhaps when the Mayor signs off on a movie, the mayor should have a part in the movie, but that was up for discussion. The movie permits have given Norwalk great economic benefit.

Mayor Moccia then said that he had discussions with Mayor Bouton of Danbury, where this ordinance has already been implemented. Corporation Counsel’s Office has also had discussions with the Danbury office about costs. Mayor Moccia said that the City was concerned about costs, but were also concerned about quality, about people receiving the proper benefits, and about Norwalk residents having preference. This also includes the youth and job training.

Mayor Moccia said that he did not think that another committee was needed for oversight as Corporation Counsel, the Finance Department, the Mayor’s Office and the Council will be doing that. The Mayor said that his one concern would be in the event of an emergency situation, such as a road collapse. He said that this would need to be worked on for emergency situations. The Mayor then pointed out that if the City has to go back and repair a recently replaced school roofs or redo a job that was done improperly done in the first place, the City will lose the financial benefit from the lower price. The Mayor said that it was his major concern that the City does not hinder its ability to answer an emergency situation, but other than that, he felt the Responsible Contractor’s Ordinance is bringing responsibility to the people who do work for the City and the City keeps its responsibility to its residents.

State Attorney General Blumenthal then approached the podium and thanked the Committee for the opportunity to support this proposed ordinance. He said that this ordinance was one of the best drafted of any that he had seen in the State. He then thanked Mr. Coffey for his excellent work along with all those involved with it.

The Responsible Contractor’s Ordinance is exactly what its name implies. By giving preference to the people who live in the area, it supports the local economy. It is about giving them protection against practices that otherwise might be rampant, such as the failure to pay prevailing wages. It insures that taxes are paid and that all of the health benefits and other measures are paid, so that taxpayers can be sure that there is fairness and responsibility in the system. This measure tracks a State Statute, which is 31-52, and encourages municipalities to adopt this type of measure. More should follow what State Attorney General Blumenthal hoped would be Norwalk’s example in drafting a measure that is fully constitutional, very carefully drawn to avoid excesses or abuses, and accountable to the taxpayers, citizens, and residents alike.

State Attorney General Blumenthal said that Norwalk was fortunate to have people who possess the skills and drive to work hard and perform well. It is the Connecticut way and the American way to give people opportunity where they live and communities benefit from being fair and responsible to the people who live in the area. By insuring that taxes are paid, people are rewarded fairly for hard work, discrimination is avoided and that contractors are given the kind of incentives that they occasionally need to prefer people who are local residents, everyone benefits. State Attorney General Blumenthal said that he personally stood ready with his office to assist in any possible way, including constitutional issues.

Mr. Robert Santo, of Fullin Court, addressed the Committee next. He thanked the Committee for taking this ordinance under consideration. Mr. Santo said that he was a life long resident of Norwalk and that this was long overdue. This will be an asset to the community. Mr. Santo said that he was a product of certified apprenticeship program from the State of Connecticut. His apprenticeship opened many avenues to him and gave him opportunity for training, without cost Mr. Santo a penny. Many people don’t have the opportunity to get into training or get a better paying job.

Mr. Santo then said that project labor agreements have nothing to do with responsible contractor language. He added that he hoped the committee would not be bogged down with project labor agreements which have nothing to do with responsible contractor language.

Ms. Donna King, of Aiken Street, then addressed the Committee. Ms. King said that she was in favor of the ordinance, which would be good for the contractors, apprentices, and the workers and for Norwalk. Regarding apprentices, Ms. King said that any apprentice that had Mr. Santo as a mentor was very lucky. This ordinance is a good step forward and a long time coming. Ms. King said that she hoped that the Council would approve the ordinance.

Mr. Coffey then asked if there were any other members of the public present that would like to address the issue. Hearing no others, Mr. Coffey closed the public hearing on the Norwalk Responsible Contractor Ordinance at 8:45 p.m.

OLD BUSINESS

Mr. Coffey then said that the Committee would be discussing the following proposed Responsible Contractor Ordinance.

Norwalk Responsible Contractor Ordinance

A. All contracts entered into by the City of Norwalk for the construction, alteration or repair of any public building or public work and employing mechanics, laborers and workers in the performance of work under the contract shall incorporate the following provisions:
(1) Consistent with the requirements of the Norwalk Municipal Charter, concerning the employment of mechanics, laborers and workers, the contractor and all lower tiered subcontractors shall give employment preference to citizens of the Norwalk labor market area as established by the State Labor Commissioner in accordance with chapter 557, part III, and section 7-112 of the Connecticut General Statutes, as amended.
(2) The contractor and all lower tiered subcontractors may hire mechanics, laborers and workers who reside outside the Norwalk labor market area if provisions of existing labor agreements prevent compliance with the requirements of this section, or if the specifically required skills are not available in the Norwalk labor market. In either event, prior to commencement of performance, the contractor and all lower tiered subcontractors shall submit their reasons for such action in writing along with supporting documents to the city. Such documents may consist of, but need not be limited to, labor agreements, lists of names and addresses of mechanics, laborers and workers or labor representatives contacted in the Norwalk labor market area and lists of required positions for which personnel were not available in the Norwalk labor market area. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the city to determine compliance with this section. In order to monitor compliance with this section the city may request relevant information and documentation from the contractor or from subcontractors at any time during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly.
(3) Prior to the commencement of performance of contracts governed by this section the contractor shall forward a written statement indicating the name, address and occupational title of each mechanic, laborer and worker scheduled to perform work for the contractor under the contract. The contractor shall insure that all lower tiered subcontractors provide similar information to the city with respect to their mechanics, laborers and workers. The contractor and all subcontractors shall file written amendments to previously filed statements whenever new mechanics, laborers or workers perform work under the contract. All such amended statements shall be filed 48 hours prior to or before any new mechanic, laborer or worker commences work under the contract.
(4) Every two weeks during the term of the contract the contractor and all lower tiered subcontractors performing work under the contract shall forward payroll records to the city covering the preceding two-week contract period.
(5) The contractor and all lower tiered subcontractors performing work under the contract must comply with the obligations established under state and federal laws to pay lawful prevailing rates to their employees. Pursuant to the provisions of subsection 31-53(g) of the Connecticut General Statutes, as amended, the prevailing wage requirements do not apply to rehabilitation, remodeling, refinishing, refurbishing, alteration or repair of any project where the total cost of all work performed by contractors and subcontractors is less than one hundred thousand dollars ($100,000.00) or, with respect to new construction, where the total cost of all work performed is less than four hundred thousand dollars ($400,000.00).
B. All contracts entered into by the City of Norwalk for the construction, alteration or repair of any public building or public work shall contain the following provisions providing for equal opportunity in employment.
(1) The contractor and all lower tiered subcontractors agree and warrant that in the performance of work under this contract they shall not discriminate or permit discrimination in employment against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, sex, or on the basis of physical or mental disability, including, but not limited to, blindness, unless it is shown by such contractor or subcontractor that such disability prevents performance of the work under the contract. The contractor and all lower tiered subcontractors also agree that for purposes of monitoring compliance with the provisions of this section they shall provide the city with such information as may be requested concerning their employment practices and procedures. For purposes hereof, discrimination in employment shall include, but need not be limited to, employment advertising, recruitment, layoff, termination, rates of pay or other forms of compensation, conditions or privileges of employment and selection for apprenticeship.
(2) The contractor and all lower tiered subcontractors shall post notices in conspicuous places on the project site describing the provisions of this subsection.
(3) Nothing contained herein is intended or shall be construed to relieve any contractor or subcontractor from compliance with applicable federal or state law concerning equal employment opportunity, affirmative action or non-discrimination.
C. All contracts entered into by the City of Norwalk contemplating work utilizing trades or occupations for which state certified apprenticeship programs exist shall incorporate provisions requiring the contractor and all lower tiered subcontractors to be affiliated with such programs. The contractor or any lower tiered subcontractor may be relieved from compliance with the provisions of this subsection if provisions of existing labor agreements prevent compliance with the requirements hereof. In that event, prior to commencement of performance, the contractor or subcontractor shall submit their reasons for such action in writing along with supporting documents to the city. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the city to determine compliance with this section. In order to monitor compliance with this section the city may request relevant information and documentation from the contractor or from subcontractors at anytime during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly.
D. All contracts entered into by the City of Norwalk for the construction, alteration or repair of any public building or public work shall contain the following provisions concerning treatment of employees.
(1) The contractor and all lower tiered subcontractors performing work under the contract shall properly classify workers as employees rather than as independent contractors and treat them accordingly for purposes of workers' compensation, insurance coverage, unemployment taxes, social security and income tax withholding.
(2) The contractor and all lower tiered subcontractors must furnish, at their expense, hospitalization and medical benefits and coverage for all of their employees employed on the work under the contract.
(3) For purposes of this subsection, any person who meets nine (9) or more of the following criteria shall be considered an employee:
The person is required to comply with company instructions about when, where, and how work is done;
(ii) The person has been trained by the company;
(iii) The person is integrated into the company's general business operations;
(iv) The person must render services personally;
(v) The person uses assistants provided by the company;
(vi) The person has a continuing relationship with the company;
(vii) The person is required to work a set number of hours;
(viii) The person must devote substantially full time work to the company;
(ix) The person works at the company's premises or job site;
(x) The person must perform work in a preset sequence;
(xi) The person must submit regular progress reports;
(xii) The person is paid by the hour, week, or month; payroll deductions include federal and/or state income taxes, FICA insurance;
(xiii) The person is reimbursed for all business and travel expenses;
(xiv) The person uses company tools and materials;
(xv) The person has no significant investment in the facilities that are used;
(xvi) The person has no risk of loss;
(xvii) The person works for only one company;
(xviii) The person does not offer services to the public;
(xix) The person can be discharged by the company;
(xx) The person can terminate the relationship without incurring liability.
(4) The contractor and all lower tiered subcontractors performing work under the contract and utilizing the services of mechanics, laborers or workers who are not classified as employees under this subsection shall provide written notice to said mechanics, laborers and workers of their status as independent contractors. Said notice shall include a provision advising the mechanics, laborers and workers that they are not eligible for workers' compensation, health insurance, or unemployment compensation from the contractor or subcontractor.
E. The contractor shall incorporate the requirements of this section in each subcontract and require that each subcontractor incorporate the requirements of this section in all subsequent subcontracts such that all lower tiered subcontractors performing work under the contract shall be bound by the terms hereof.
F. If after review the city determines that the contractor or any lower tiered subcontractor has failed to comply with this section, in addition to any other remedy available to it, the city may require corrective action to be taken by the contractor or it may terminate the contract.

Mr. Sutton said that he had some changes that he would like to see implemented. He then said that he would like to see the word “workmen” in the first paragraph and through out the document changed to “workers”.

** MR. COFFEY MOVED TO AMEND THE RESPONSIBLE CONTRACTORS ORDINANCE BY CHANGING THE WORD “WORKMEN” TO “WORKERS” THROUGHOUT THE DOCUMENT.
** THE MOTION PASSED UNANIMOUSLY.

The following changes were then discussed and approved:

A (2) The contractor and all lower tiered subcontractors may hire mechanics, laborers and workers who reside outside the Norwalk labor market area if provisions of existing labor agreements prevent compliance with the requirements of this section, or if the specifically required skills are not available in the Norwalk labor market. In either event, prior to commencement of performance, the contractor and all lower tiered subcontractors shall submit their reasons for such action in writing along with supporting documents to the city. Such documents may consist of, but need not be limited to, labor agreements, lists of names and addresses of mechanics, laborers and workers or labor representatives contacted in the Norwalk labor market area and lists of required positions for which personnel were not available in the Norwalk labor market area. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the city to determine compliance with this section. In order to monitor compliance with this section the city may request relevant information and documentation from the contractor or from subcontractors at any time during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly.

** MR. COFFEY MOVED TO AMEND THE RESPONSIBLE CONTRACTORS ORDINANCE BY CHANGING THE PHRASE “ALL SUCH REQUESTS PROMPTLY.” IN THE LAST LINE OF SECTION A – 2 AND THROUGHOUT THE DOCUMENT TO “WITHIN SEVEN DAYS.”
** THE MOTION PASSED UNANIMOUSLY.

A (3) Prior to the commencement of performance of contracts governed by this section the contractor shall forward a written statement indicating the name, address and occupational title of each mechanic, laborer and worker scheduled to perform work for the contractor under the contract. The contractor shall insure that all lower tiered subcontractors provide similar information to the city with respect to their mechanics, laborers and workers. The contractor and all subcontractors shall file written amendments to previously filed statements whenever new mechanics, laborers or workers perform work under the contract. All such amended statements shall be filed 48 hours prior to or before any new mechanic, laborer or worker commences work under the contract.

** MR. COFFEY MOVED TO AMEND THE RESPONSIBLE CONTRACTORS ORDINANCE BY REMOVING THE PHRASE “ PRIOR TO OR” IN THE LAST LINE OF SECTION A-3.
** THE MOTION PASSED UNANIMOUSLY.

A (5) The contractor and all lower tiered subcontractors performing work under the contract must comply with the obligations established under state and federal laws to pay lawful prevailing rates to their employees. Pursuant to the provisions of subsection 31-53(g) of the Connecticut General Statutes, as amended, the prevailing wage requirements do not apply to rehabilitation, remodeling, refinishing, refurbishing, alteration or repair of any project where the total cost of all work performed by contractors and subcontractors is less than one hundred thousand dollars ($100,000.00) or, with respect to new construction, where the total cost of all work performed is less than four hundred thousand dollars ($400,000.00).

** MR. COFFEY MOVED TO AMEND THE RESPONSIBLE CONTRACTORS ORDINANCE BY CHANGING THE PHRASE “LAWFUL PREVAILING RATES” IN SECTION A-5 LINE 2, TO “PREVAILING WAGES”.
** THE MOTION PASSED UNANIMOUSLY.

B (1) The contractor and all lower tiered subcontractors agree and warrant that in the performance of work under this contract they shall not discriminate or permit discrimination in employment against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, sex, or on the basis of physical or mental disability, including, but not limited to, blindness, unless it is shown by such contractor or subcontractor that such disability prevents performance of the work under the contract. The contractor and all lower tiered subcontractors also agree that for purposes of monitoring compliance with the provisions of this section they shall provide the city with such information as may be requested concerning their employment practices and procedures. For purposes hereof, discrimination in employment shall include, but need not be limited to, employment advertising, recruitment, layoff, termination, rates of pay or other forms of compensation, conditions or privileges of employment and selection for apprenticeship.

** MR. COFFEY MOVED TO AMEND THE RESPONSIBLE CONTRACTORS ORDINANCE BY CHANGING THE PHRASE “SEX” IN LINE FOUR OF SECTION B-1 TO “GENDER, SEXUAL ORIENTATION,”.
**THE MOTIO PASSED UNANIMOUSLY.

D (1) The contractor and all lower tiered subcontractors performing work under the contract shall properly classify workers as employees rather than as independent contractors and treat them accordingly for purposes of workers' compensation, insurance coverage, unemployment taxes, social security and income tax withholding.

** MR. COFFEY MOVED TO AMEND THE RESPONSIBLE CONTRACTORS ORDINANCE BY ADDING THE PHRASE “MECHANICS, LABORERS, AND” BEFORE THE WORD “WORKERS” IN THE SECOND LINE OF SECTION D-1 AND CHANGING THE WORD “ACCORDINGLY” TO “AS EMPLOYEES” IN LINE THREE OF SECTION D-1.
** THE MOTION PASSED UNANIMOUSLY.

(3) For purposes of this subsection, any person who meets nine (9) or more of the following criteria shall be considered an employee:
The person is required to comply with company instructions about when, where, and how work is done;

** MR. COFFEY MOVED TO AMEND THE RESPONSIBLE CONTRACTORS ORDINANCE TO INSERT AN “(i)” BEFORE THE SECOND PARAGRAPH IN SECTION D-3.
** THE MOTION PASSED UNANIMOUSLY.

F. If after review the city determines that the contractor or any lower tiered subcontractor has failed to comply with this section, in addition to any other remedy available to it, the city may require corrective action to be taken by the contractor or it may terminate the contract.

** MR. COFFEY MOVED TO AMEND THE RESPONSIBLE CONTRACTORS ORDINANCE BY CHANGING SECTION F FROM:
F. If after review the city determines that the contractor or any lower tiered subcontractor has failed to comply with this section, in addition to any other remedy available to it, the city may require corrective action to be taken by the contractor or it may terminate the contract.

TO:

F. If the city determines that the contractor or any lower tiered subcontractor has failed to comply with any provision of this Chapter, in addition to any other remedy available to it, the city may require the contractor to take corrective action or the City may, at its sole option, terminate the contract.

** THE MOTION PASSED UNANIMOUSLY.

** MR. COFFEY MOVED TO APPROVE THE AMENDED VERSION OF THE NORWALK RESPONSIBLE CONTRACTOR ORDINANCE AS FOLLOWS:

AMENDED Norwalk Responsible Contractor Ordinance

A. All contracts entered into by the City of Norwalk for the construction, alteration or repair of any public building or public work and employing mechanics, laborers and worker in the performance of work under the contract shall incorporate the following provisions:
(1) Consistent with the requirements of the Norwalk Municipal Charter, concerning the employment of mechanics, laborers and workers, the contractor and all lower tiered subcontractors shall give employment preference to citizens of the Norwalk labor market area as established by the State Labor Commissioner in accordance with chapter 557, part III, and section 7-112 of the Connecticut General Statutes, as amended.
(2) The contractor and all lower tiered subcontractors may hire mechanics, laborers and workers who reside outside the Norwalk labor market area if provisions of existing labor agreements prevent compliance with the requirements of this section, or if the specifically required skills are not available in the Norwalk labor market. In either event, prior to commencement of performance, the contractor and all lower tiered subcontractors shall submit their reasons for such action in writing along with supporting documents to the city. Such documents may consist of, but need not be limited to, labor agreements, lists of names and addresses of mechanics, laborers and workers or labor representatives contacted in the Norwalk labor market area and lists of required positions for which personnel were not available in the Norwalk labor market area. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the city to determine compliance with this section. In order to monitor compliance with this section the city may request relevant information and documentation from the contractor or from subcontractors at any time during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests promptly.
(3) Prior to the commencement of performance of contracts governed by this section the contractor shall forward a written statement indicating the name, address and occupational title of each mechanic, laborer and worker scheduled to perform work for the contractor under the contract. The contractor shall insure that all lower tiered subcontractors provide similar information to the city with respect to their mechanics, laborers and workers. The contractor and all subcontractors shall file written amendments to previously filed statements whenever new mechanics, laborers or workers perform work under the contract. All such amended statements shall be filed 48 hours before any new mechanic, laborer or worker commences work under the contract.
(4) Every two weeks during the term of the contract the contractor and all lower tiered subcontractors performing work under the contract shall forward payroll records to the city covering the preceding two-week contract period.
(5) The contractor and all lower tiered subcontractors performing work under the contract must comply with the obligations established under state and federal laws to pay prevailing wages to their employees. Pursuant to the provisions of subsection 31-53(g) of the Connecticut General Statutes, as amended, the prevailing wage requirements do not apply to rehabilitation, remodeling, refinishing, refurbishing, alteration or repair of any project where the total cost of all work performed by contractors and subcontractors is less than one hundred thousand dollars ($100,000.00) or, with respect to new construction, where the total cost of all work performed is less than four hundred thousand dollars ($400,000.00).
B. All contracts entered into by the City of Norwalk for the construction, alteration or repair of any public building or public work shall contain the following provisions providing for equal opportunity in employment.
(1) The contractor and all lower tiered subcontractors agree and warrant that in the performance of work under this contract they shall not discriminate or permit discrimination in employment against any person or group of persons on the grounds of race, color, religious creed, age, marital status, national origin, gender, sexual orientation, or on the basis of physical or mental disability, including, but not limited to, blindness, unless it is shown by such contractor or subcontractor that such disability prevents performance of the work under the contract. The contractor and all lower tiered subcontractors also agree that for purposes of monitoring compliance with the provisions of this section they shall provide the city with such information as may be requested concerning their employment practices and procedures. For purposes hereof, discrimination in employment shall include, but need not be limited to, employment advertising, recruitment, layoff, termination, rates of pay or other forms of compensation, conditions or privileges of employment and selection for apprenticeship.
(2) The contractor and all lower tiered subcontractors shall post notices in conspicuous places on the project site describing the provisions of this subsection.
(3) Nothing contained herein is intended or shall be construed to relieve any contractor or subcontractor from compliance with applicable federal or state law concerning equal employment opportunity, affirmative action or non-discrimination.
C. All contracts entered into by the City of Norwalk contemplating work utilizing trades or occupations for which state certified apprenticeship programs exist shall incorporate provisions requiring the contractor and all lower tiered subcontractors to be affiliated with such programs. The contractor or any lower tiered subcontractor may be relieved from compliance with the provisions of this subsection if provisions of existing labor agreements prevent compliance with the requirements hereof. In that event, prior to commencement of performance, the contractor or subcontractor shall submit their reasons for such action in writing along with supporting documents to the city. The contractor and all lower tiered subcontractors shall submit such relevant documents and other information as may be requested by the city to determine compliance with this section. In order to monitor compliance with this section the city may request relevant information and documentation from the contractor or from subcontractors at anytime during the term of the contract. The contractor shall comply with or arrange for compliance with all such requests within seven days.
D. All contracts entered into by the City of Norwalk for the construction, alteration or repair of any public building or public work shall contain the following provisions concerning treatment of employees.
(1) The contractor and all lower tiered subcontractors performing work under the contract shall properly classify mechanics, laborers and workers as employees rather than as independent contractors and treat them as employees for purposes of workers' compensation, insurance coverage, unemployment taxes, social security and income tax withholding.
(2) The contractor and all lower tiered subcontractors must furnish, at their expense, hospitalization and medical benefits and coverage for all of their employees employed on the work under the contract.
(3) For purposes of this subsection, any person who meets nine (9) or more of the following criteria shall be considered an employee:
(i) The person is required to comply with company instructions about when, where, and how work is done;
(ii) The person has been trained by the company;
(iii) The person is integrated into the company's general business operations;
(iv) The person must render services personally;
(v) The person uses assistants provided by the company;
(vi) The person has a continuing relationship with the company;
(vii) The person is required to work a set number of hours;
(viii) The person must devote substantially full time work to the company;
(ix) The person works at the company's premises or job site;
(x) The person must perform work in a preset sequence;
(xi) The person must submit regular progress reports;
(xii) The person is paid by the hour, week, or month; payroll deductions include federal and/or state income taxes, FICA insurance;
(xiii) The person is reimbursed for all business and travel expenses;
(xiv) The person uses company tools and materials;
(xv) The person has no significant investment in the facilities that are used;
(xvi) The person has no risk of loss;
(xvii) The person works for only one company;
(xviii) The person does not offer services to the public;
(xix) The person can be discharged by the company;
(xx) The person can terminate the relationship without incurring liability.
(4) The contractor and all lower tiered subcontractors performing work under the contract and utilizing the services of mechanics, laborers or workers who are not classified as employees under this subsection shall provide written notice to said mechanics, laborers and workers of their status as independent contractors. Said notice shall include a provision advising the mechanics, laborers and workers that they are not eligible for workers' compensation, health insurance, or unemployment compensation from the contractor or subcontractor.
E. The contractor shall incorporate the requirements of this section in each subcontract and require that each subcontractor incorporate the requirements of this section in all subsequent subcontracts such that all lower tiered subcontractors performing work under the contract shall be bound by the terms hereof.
F. If the city determines that the contractor or any lower tiered subcontractor has failed to comply with any provision of this Chapter, in addition to any other remedy available to it, the city may require the contractor to take corrective action or the City may, at its sole option, terminate the contract.

Mr. Coffey said that this ordinance will help the City, the economics, the quality of work and many of the residents.

Mr. Sutton said that the Responsible Contractors Ordinance will also help support the Children’s Ordinance.

Mr. Hilliard said that he was happy to support this Ordinance because it shows the City is working in compliance with the law.

** THE MOTION PASSED UNANIMOUSLY.

RECESS

Mr. Coffey announced a recess at 9:00 p.m. Mr. Coffey called the meeting back to order at 9:20 p.m.

4. NEW BUSINESS CONT’D

a. Elderly Tax Credit

Mr. Coffey said that this item would be deferred until the September meeting.

** MR. SUTTON MOVED TO DEFER AGENDA ITEM 4-A UNTIL THE SEPTEMBER MEETING.
** THE MOTION PASSED UNANIMOUSLY.

b. Children’s Ordinance

Mr. Coffey recommended that this Agenda Item be forwarded to the Council and stated that he was in favor of the resolution.

** MR. COFFEY MOVED TO APPROVE THE CHILDREN’S ORDINANCE AS PRESENTED.
** THE MOTION PASSED UNANIMOUSLY.

e. Demolition Delay

Mr. Coffey said that the proposed draft would delay demolition for 180 days and recommended that this be sent to the Council for consideration.

** MR. COFFEY MOVED TO APPROVE THE DEMOLITION DELAY AS PRESENTED.
** THE MOTION PASSED UNANIMOUSLY.

c. Special Services District

Mr. Sheehan came forward and informed the Committee that there were a number of projects underway in Norwalk and that there was the potential for forming Special Services District Ordinances to assist with the financing.

Mr. Sheehan said that he was expecting to file copies of five ordinances with the Corporation Counsel’s Office in the next week or so, in order to have drafts of the ordinances for the next Ordinance Committee meeting.

The five ordinance proposals are as follows:

1.) Regarding Chapter 73-a, which addresses the Parking Authority. Mr. Sheehan said that he was look to exclude the generated funds from the Special Services District for the Parking Authority. He then reviewed the reasoning for this.

2.) Regarding Chapter 100, which addresses the Special Services District. Mr. Sheehan pointed out that this ordinance is already on the books and the Redevelopment Agency is seeking to amend the language in order to remove some of the limitations.

3.) Regarding Chapter 45, which addresses Food Restrictions in terms of outdoor dining. Mr. Sheehan informed the group that the sidewalks in the new developments will be sixteen feet wide, which reduces the reason why outdoor dining areas must be immediately adjacent to the restaurant.

4.) Special Ordinance for West Avenue development area. Mr. Sheehan reviewed the details about this particular proposal with the Committee.

5.) POKO L.D.A., which is seeking a modest increase in taxes. 12-65 and 12-65b are the areas under consideration for this.

Mr. Sheehan concluded his presentation by restating that he intended to file these proposals with the Corporation Counsel in order to have the documents ready for the Committee for their September meeting.

ADJOURNMENT

** MR. HILLIARD MOVED TO ADJOURN.
** THE MOTION PASSED UNANIMOUSLY.

The meeting adjourned at 9:30 p.m.

Respectfully submitted,

Sharon L. Soltes
Telesco Secretarial Service