JULY 6, 2004

ATTENDANCE: Kevin Poruban, Chairman; William Krummel; Bruce Kimmel; Fred Bondi; Jeanette Olmstead-Sawyer; Doug Hempstead

STAFF: Hal Alvord, Director of Public Works; Dick Linnartz, Principal Engineer

OTHERS: Attorney Karen Riggio; Frank Russo; Gino Mattera; Angela Bothwell

Mr. Poruban called the meeting to order at 7:40 pm.

1. ACCEPTANCE OF THE MINUTES

** MR. KRUMMEL MOVED APPROVAL OF THE MINUTES OF JUNE 1, 2004 AS AMENDED.

The following corrections were made:

Page one, under attendance correct the spelling of Carvin Hilliard.
Page four, first line, correct the spelling of lowest and the motion should indicate that two votes were in favor.
Page five, first motion, correct the spelling of Director and Deering. Last paragraph, correct the spelling of Mr. Alvord.

** MOTION PASSED UNANIMOUSLY.

** MR. BONDI MOVED APPROVAL OF THE MINUTES OF THE SPECIAL MEETING OF JUNE 22, 2004 AS AMENDED.

The following correction was made:

Correct the spelling of such in the body of the second motion.

** MOTION PASSED UNANIMOUSLY.

Mr. Poruban requested that they take the agenda out of order. There were no objections.

10. DISCUSSION – REIMBURSEMENT TO HOMEOWNER FOR WORK COMPLETED ON SANITARY SEWER HOOKUP ON WINFIELD STREET

Mr. Linnartz explained that the homeowner, Mr. Russo, had attempted to connect into the sewer line only to find that a part of it was missing.

Attorney Riggio stated that she was representing Mr. Russo and further explained that after he had renovated his home they had tied into the sewer line, this was then inspected and approved by the DPW staff. A few days later, Mr. Russo started to experience some back up and so he contacted his contractor and the town to look further into the issue.

Mr. Russo said that they attempted to snake the pipe and it was only after a camera had been put through the pipe they found that it went into stones and rocks. It was at this point Peter Romano (DPW) was called for a further inspection who had informed him that the sewer lines had been installed correctly at the time.

Attorney Riggio stated that after applying for the permits her client then re-dug the line and located the pipe only to find that a section of it was missing. Mr. Romano suggested that he should have the work completed himself and they city would reimburse them. Attorney Riggio said that since that time she had contacted Mr. Romano who informed her that he could not find the paper work and that she should re-submit it, which she did. She also contacted CIRMA after speaking with the City Clerk’s office.

Mr. Kimmel asked if the information they had just heard was consistent with that of the DPW.

Mr. Linnartz stated that it was as they have a log of all inspections and actions.

Mr. Kimmel asked if was uncommon for the client to be speaking directly with CIRMA.

Mr. Alvord replied that CIRMA will always be involved when there is a claim, as they handle all of the city’s claims. They would investigate it and then come back to the city with a recommendation; he added that it would not be uncommon for the client to be speaking directly with CIRMA.

Mr. Alvord went on to say that they were not contesting this but pointed out that their records clearly indicated that the city line was built correctly in 1985 and a piece could only be missing if somebody else had gone in and removed it.

Mr. Bondi asked if there was a way to find out who could have been responsible for removing a piece of pipe.

Mr. Linnartz indicated that they could check with the DOT to see who had received a permit to dig up the road.

Mr. Hempstead joined the meeting at 7:55 pm.

Mr. Krummel raised the question about testing the line after the homeowner has connected into it to make sure it is all there.

Mr. Linnartz replied that there was no requirement to do so. In this case they had records to show that the lateral was put in fully.

Mr. Kimmel said he was in favor of reimbursing Mr. Russo of the money and asked how they could move forward on this.

Mr. Alvord indicated that it would have to be an action of the Common Council.

Mr. Bondi said they should not hold up this process any longer, in the meantime they should go after the person who did the construction and removed a piece of the pipe.

Mr. Krummel said he agreed adding that he would like to see a procedure in place so that this does not happen again.

There was a discussion on laterals and who repairs them.

Mr. Kimmel asked if the DPW were satisfied with the cost of $16,276.25 to craft this into an action item tonight so that it could be acted upon at the Common Council meeting of July 27, 2004.

** MR. KIMMEL MOVED TO MAKE THIS AN ACTION ITEM.

Mr. Poruban commented that he would like to receive the input of the Corporation Counsel on this before voting.

Mr. Hempstead referred the back-up material noting that claimant (Mr. Russo) had intended to file the claim and to sue the city. He agreed with Mr. Poruban that they obtain the opinion of the Corporation Counsel.

Mr. Russo stated that he did not intend to sue the city, all he wanted was to be reimbursed in an amount of $16,276.25.

Mr. Alvord indicated that this would be setting a precedent in that the city would be paying a claim where no party is found liable.

** MR. KIMMEL MOVED TO FULLY REIMBURSE THE RUSSO FAMILY OF $16,276.25 SUBJECT TO THE LAW DEPARTMENT REVIEW.
** MOTION PASSED UNANIMOUSLY.

8. SCHEDULE A PUBLIC HEARING FOR THE ROAD ABANDONMENT OF A PORTION OF WEST CEDAR STREET AND APPOINT FREEHOLDERS TO ASSES BENEFITS AND DAMAGES TO BE HELD ON TUESDAY, SEPTEMBER 7, 2004.

Mr. Linnartz stated that they had had the received the back up material and the appraisal that they have passed to the Law Department for review. He said they have set a preliminary public hearing date of September 7, 2004. Mr. Linnartz went on to say that this piece of property is only valuable to the abutting property owner, Mr. Mattera and the lot has been appraised at $10,000.

Mr. Bondi said since the last meeting he had had a chance to look at the site saying that there had been a lot of dumping in that area. He said he understood that condos were going to be built there and he had received emails opposed to further construction, as there is already a traffic issue in the area. On the flip side, Mr. Bondi said that if the site were sold it would clean up the area.

Mr. Hempstead asked how more units could be built if this land is purchased.

Mr. Mattera said they are proposing seven units, and two more could be added.

Mr. Krummel said he too had seen the dumping at this site noting that it is open space. There is such a lack of open space and suggested it could be something that the community would value.

There was a discussion on how steep the area is and who was responsible for the cleaning of the site.

Mr. Hempstead asked if this is sold could they add a condition that Planning and Zoning approve it also.

Mr. Kimmel asked (Mr. Mattera) if he was interested in buying the entire property. To which Mr. Mattera replied that he would be.

There was brief discussion on the required setbacks.

** MR. HEMPSTEAD MOVED TO SEND THE ITEM TO PUBLIC HEARING – SEPTEMBER 7, 2004.
** MOTION PASSED FIVE VOTES IN FAVOR, ONE VOTE OPPOSED (MR. KRUMMEL).

3a. AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE AN AGREEMENT WITH FGB, FOR PROJECT NO. 4R 2004-1, PROPOSED 4R PAVEMENT MANAGEMENT PROGRAM, FOR A SUM NOT TO EXCEED $1,750,351.00

3b. AUTHORIZE THE DIRECTOR OF PUBLIC WORKS, TO ISSUE ORDERS ON CONTRACT TO FGB, FOR PROJECT NO. 4R 2004-1, PROPOSED 4R PAVEMENT MANAGEMENT PROGRAM, FOR A SUM NOT TO EXCEED $175,035.10

ACCOUNT NUMBER: 0905 4021 5777 CO283/ 0905 4021 C0021

Mr. Alvord indicated that they had received two bids on this item, one from Deering and one from FGB. In looking at the bid package, on page two, he pointed out that Deering had put as a note, prices only good for this calendar year. He went on to say that the bid package specifies the season in which the road construction is to be done and it would be done in more than one year, thereby making the bid from Deering non-responsive. The bid from FGB was a little higher than the one from Deering but they had to take the bid from FGB, as it was the only responsive bid, therefore this is their recommendation. He indicated that Angela Bothwell from FGB was present.

There was a brief discussion on the dates when the paving can be done.

** MR. KIMMEL MOVED APPROVAL OF THE ITEM.
** MOTION PASSED UNANIMOUSLY.

2. AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE AN AGREEMENT WITH STV INCORPORATED, TO PROVIDE CONSTRUCTION ADMINISTRATION SERVICES IN CONNECTION WITH THE BROAD STREET BRIDGE DECK REPLACEMENT (STATE PROJECT NO. 102-272 AND FAP NO. STO7102-6), FOR A SUM NOT TO EXCEED $21,380

Mr. Krummel confirmed that the state is supplying the money for the actual construction.

Mr. Linnartz indicated that this was the last money they would be spending on this and it pays for the consultant who designed the bridge, to review the shop drawing, to answer questions, to attend months meetings and for inspections.

Mr. Krummel said he hoped that they would do more than just attend the close out meeting he hoped they would be able to make reports at them also.

** MR. KIMMEL MOVED APPROVAL OF THE ITEM.

Mr. Krummel asked about the figure of $19, 380, they have a figure of $21,380

Mr. Linnartz replied that they included a do not exceed figure so that they do not have to come back for additional money if concrete testing is required.

** MOTION PASSED UNANIMOUSLY.

4. AUTHORIZE THE PURCHASING AGENT TO ISSUE A PURCHASE ORDER TO ESRI, INC., SOLE SOURCE PROVIDER, FOR THE MAINTENANCE AND SUPPORT OF THE ESRI GIS SOFTWARE, FOR A SUM NOT TO EXCEED $12,218.36 EACH YEAR FOR A THREE (3) YEAR TERM.

ACCOUNT NO: 01 40 30 5258 (FY 03/04)

** MR. BONDI MOVED APPROVAL OF THE ITEM.

Mr. Linnartz explained that this is an annual renewal and is included in the operating budget; they are now seeking approval for a three-year term.

** MOTION PASSED UNANIMOUSLY.

5. AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE A 2003 ANNUAL REPORT CONCERNING THE EXPORTATION OF HAZARDOUS WASTE FROM THE SITE OF THE POLICE DEPARTMENT BUILDING PROJECT AND ANY AND ALL DOCUMENTS REQUIRED IN COMPLIANCE WITH THE RESOURCE CONSERVATION AND RECOVERY ACT 40 CFR SECTIONS 262.56, 262.87(A).

Mr. Alvord indicated that this is a one-time report that they city had to submit to the EPA regarding the contaminated materials that is excavated from the new police facility.

Mr. Kimmel confirmed that this ends this part of the process.

6. AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH VANASSE HANGEN BRUSTLIN, INC. (VHB, INC.) TO PROVIDE CUSTOM APPLICATION PROGRAMMING TO THE EXISTING PERMIT MANAGER 2000 PROGRAM, FOR A SUM NOT TO EXCEED $4,000.

ACCOUNT NO. 01 40 30 5258

** MS. OLMSTEAD-SAWYER MOVED APPROVAL OF THE ITEM.

Mr. Linnartz said this is with regard to all sewer laterals, to allow another license for a clerical data entry person to expedite the permitting process.

** MOTION PASSED UNANIMOUSLY.

7. SCHEDULE A PUBLIC HEARING FOR THE ROAD ABANDONMENT OF A PORTION OF GRANDVIEW AVENUE AND APPOINT FREEHOLDERS TO ASSESS BENEFITS AND DAMAGES TO BE HELD ON TUESDAY, SEPTEMBER 7, 2004.

Mr. Linnartz indicated that they had seen this before, they have submitted information from his title search and it will be sent to the law department. He showed a map of the area noting that the parcel would only be of value to the adjoining property owner so that the lots could be consolidated.

** MR. HEMPSTEAD MOVED THE ITEM TO BE HEARD AT A PUBLIC HEARING DATED SEPTEMBER 7, 2004.
** MOTION PASSED UNANIMOUSLY.

9. DISCUSSION – BEACON STREET PAVING

Mr. Linnartz stated that this item has been withdrawn at the request of the contractor.

11. ACTION ON ANY ITEM DISCUSSED HEREIN

There were none this evening.

** MR. PORUBAN MOVED TO SUSPEND THE RULES TO ADD THREE ITEMS TO THE AGENDA.
** MOTION PASSED UNANIMOUSLY.

12. AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE A QUIT CLAIM RELEASE IN ORDER TO TRANSFER TITLE TO CERTAIN VEHICLES AT THE WASTEWATER TREATMENT PLANT FROM THE CITY OF NORWALK TO OPERATIONS MANAGEMENT INTERNATIONAL, INC., PURSUANT TO THE TERMS OF THE WRITTEN CONTRACTUAL AGREEMENT BETWEEN THE PARTIES.

** MR. HEMPSTEAD MOVED APPROVAL OF THE ITEM.

Mr. Alvord stated that one of the things that the contracts at OMI required them to do four years ago was to transfer about twelve city vehicles that had been used at the plant to OMI – the city never did it. Some of those vehicles are now junk, some have been disposed of at auction but there are still a couple left that OMI can use. There are no titles for these vehicles so they need provide a quick release so that purchasing can do a bill of sale and they can be registered under the OMI name.

** MOTION PASSED UNANIMOUSLY.

13. FLEET VEHICLES

Mr. Alvord said they have been working on a specification to start a standardized fleet. They did not purchase the two vehicles that were authorized 2003/04 so they put out an RFP package for five vehicles for this year. They will be coming to the committee with a recommendation to purchase five vehicles.

Mr. Kimmel asked what was in the budget for this. Mr. Alvord replied that it was $100,000 per vehicle. He spoke about proposed vehicles they intend to purchase.

** MR. KIMMEL MOVED TO TURN THIS INTO AN ACTION ITEM.

** MR. HEMPSTEAD APPROVAL TO PURCHASE FIVE VEHICLES FROM INTERSTATE FORD TRUCK SALES TOTALING $408,575.00 WITH FURTHER REQUIREMENTS TO BE NEGOTIATED BY THE DEPARTMENT OF PUBLIC WORKS TO APPEAR ON THE COMMON COUNCIL AGENDA OF JULY 27, 2004.
** MOTION PASSED UNANIMOUSLY.

14. SIDEWALKS AND PATHS

Mr. Krummel said that he had heard some concerns in the neighborhood about paths and sidewalks. He said that he thought Mr. Grumman had determined a difference between the two and after a conversation with Mr. Alvord he informed him that only sidewalks are mentioned in the ordinance and what a lot of people consider to be paths are in fact sidewalks. This would then require the homeowner to clear them if there is snow and to keep them in good condition. He suggested that they should be looking to set up an ordinance to define footpaths and sidewalks, as there is clearly a difference and stating homeowner responsibilities.

Mr. Hempstead gave some history on how they got to have footpaths in the city.

Mr. Krummel said in this case a questionnaire was distributed to 250 homeowners and 10% - 15% responded with a need for a place to walk. He said he did not think there was recognition of the responsibility of the homeowner.

Mr. Alvord stated that maintenance would be an issue as it is an issue now.

Mr. Linnartz said that anything new built now would be a sidewalk.

15. TRASH

Mr. Krummel said that he had received some complaints about trash in the city streets. He gave an example of a bag of trash on the side of the road that had not been collected for some time. This was reported to the DPW who stated that they do not have the resources to collect trash.

Mr. Alvord said that was not a correct answer, it is their responsibility. He pointed out that this is a resource issue in that if somebody calls them to notify them of a bag of trash they will send somebody out to collect when they have a driver in that area; they would not dispatch a truck immediately to pick it up. He added that they are very understaffed at the moment especially when compared to other DPW’s in the surrounding area.

Ms. Olmstead-Sawyer referred to an area on the corner of High Street and Wall Street by a public telephone box where the trash piles up. She asked if a container could be placed there.

Mr. Bondi asked if anything could be done about storeowners who put their trash out in plastic bags as they often open and the trash spills out.

Mr. Alvord replied that they would have to change the ordinance in order to do that.

There was some discussion on the type of container.

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

The meeting was adjourned at 9:40 pm.

Respectfully submitted,

Kate Kye
Telesco Secretarial Services

Back to Previous Page	Back to Home Page