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AUGUST 3, 2004

ATTENDANCE: Kevin Poruban, Chair; Fred Bondi; Douglas Hempstead; Carvin Hilliard; William Krummel

STAFF: Hal Alvord, Director, DPW; Dick Linnartz, Principal Engineer


Mr. Poruban called the meeting to order at 7:45 p.m.


ACCEPT THE MINUTES FROM THE PUBLIC WORKS COMMITTEE HELD ON TUESDAY, JULY 6, 2004

** MR. BONDI MOVED TO ACCEPT THE MINUTES AS SUBMITTED
** MOTION PASSED WITH ONE (1) ABSTENTION (MR. HILLIARD)

** MR. HEMPSTEAD MOVED THE FOLLOWING ITEMS AS A BLOCK

AUTHORIZE THE SALE OF APPORXIMATELY 120 SQUARE FEET OF PROPERTY CURRENTLY COMPRISING A PORTION OF THE COMMON ELEMENTS OF THE SOUTH NORWALK RAILROAD STATION CONDOMINIUM, SITUATED ADJACENT TO THE RAIL TRACKS ON THE WESTBOUND SIDE OF THE SOUTH NORWALK RAILROAD STATION, TO THE CONNECTICUT DEPARTMENT OF TRANSPORTATION FOR USE IN CONNECTION WITH ITS OPERATION OF RAIL FACILITIES. THE PROPERTY TO BE CONVEYED IS DEPICTED ON A CERTAIN RIGHT OF WAY SURVEY ENTITLED “RIGHT OF WAY SURVEY TOWN OF NORWALK MAP SHOWING LAND ACQUIRED FROM SOUTH NORWALK RAILROAD STATION CONDOMINIUM A COMMERCIAL CONDOMINIUM BY THE STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION SOUTH NORWALK RAILROAD STATION AT A SCALE OF 1” = 20’ DATED APRIL 2003 AND LAST REVISED MARCH 2004, FOR A SUM NOT TO EXCEED $3,000.


AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE ANY AND ALL DOCUMENTS ON BEHALF OF THE CITYS, AS A UNIT OWNER OF THE SOUTH NORWALK RAILROAD STATION CONDOMINIUM, THAT MAY BE NECESSARY OR DESIRABLE IN CONNCECTION WITH THE PROPOSED CONVEYANCE OF A PORTION OF THE COMMON ELEMENTS OF THE CONDOMINIUM, INCLUDING, BUT NOT LIMITED TO, A DEED AND A UNIT OWNERS’ AGREEMENT PURSUANT TO THE REQUIREMENTS OF SECTION 47-254 OF THE GENERAL STATUTES

Mr. Linnartz explained that Metro North is replacing all of their catenaries. He pointed out the locations on an aerial map. This is the only instance that is taking place on Norwalk property. The rest are either on Metro North property or State property.

** MOTION PASSED UNANIMOUSLY

** MR. BONDI MOVED THE FOLLOWING ITEM

AUTHORIZE THE MAYOR, ALEX A. KNOPP, TO EXECUTE A QUIT CLAIM RELEASE IN ORDER TO TRANSFER TITLE TO A CERTAIN VEHICLE FROM THE CITY OF NORWALK TO LAZ PARKING, LTD., FOR USE IN CONNECTION WITH ITS PARKING MANAGEMENT OPERATIONS FOR THE NORWALK PARKING AUTHORITY.

Mr. Alvord briefly explained the item.

** MOTION PASSED UNANIMOUSLY

** MR. BONDI MOVED TO TAKE THE AGENDA OUT OF ORDER
** MOTION PASSED UNANIMOUSLY

DISCUSSION – LEASE AGREEMENT BETWEEN THE CITY OF NORWALK AND THE PAPAYA THAI & ASIAN BBQ, 24 MARSHALL STREET TO CONSTRUCT AND OPERATE A PATIO DINING AREA ON A CITY STREET

Mr. Linnartz explained that the owners of the restaurant applied for an encroachment permit to operate a patio dining area. The Law Department has indicated that it would not be appropriate to approve an encroachment permit for this type of operation.

The restaurant owner has preliminary plans to seat 26 people. The sidewalk was built as a level platform. Mr. Linnartz said that the DPW has concerns about the remaining area of sidewalk. He added that this request is unique to the City.

Mr. Hempstead said that this use was against Zoning regulations. Mr. Linnartz replied that this is a separate issue. Mr. Hempstead asked how the property could be leased for sidewalk dining if it is not a permitted use. Mr. Linnartz said that this is a first step in the process.

Mr. Linnartz said that sign offs are needed from other City department and there are issues that need to be addressed above the encroachment request.

Mr. Bondi commented that he was not against sidewalk dining, but is opposed to stopping people from walking on the sidewalk.

Mr. Linnartz presented and explained the plans.

Mr. Richard Girard, a restaurant consultant for the restaurant owners said that when they signed the lease, they were assured that the patio was in place. He said that the Redevelopment Agency has approved and Zoning has indicated that they have no problem. Mr. Girard said that the DPW told him to get approvals the Redevelopment Agency. He said that he does not see an issue of foot traffic in front of the building, because there are several restaurants on Washington Street with patio seating.

Mr. Linnartz said that the issue is that the DPW cannot authorize private use on City property.

The sense of the Committee was to get further information and opinions from other City departments and then move on this as quickly as possible. Mr. Krummel said that he would have no objection to this use, if the other departments give their approval.

DISCUSSION – APPLICATION FOR STREET ABANDONMENT OF A PORTION OF WINTER STREET. APPLICANTS ARE ANN MAGNIN AND MICHAEL STEIN

Mr. Linnartz explained that this is request from the applicants to abandon a portion of Winter Street. Winter Street is a paper street that abuts their property.

Mr. Stein reviewed the site plans.

Mr. Linnartz described the process to abandon a portion of the street. The Committee agreed to move this item to the next stage.

DISCUSSION – DRAINAGE PROBLEM AT 44 ARNOLD LANE

Mr. Linnartz said that this is a long standing problem that was brought to his attention last August. There is a pond on State property with no natural outlet. When it fills it floods onto the Kol’s property. Mr. Linnartz said that he inspected the property last year with two representatives of the CT DOT. The solution is to install a pipe to the existing storm drain on Arnold Lane.

Mr. Bondi asked about the cost. Mr. Linnartz said that no design or estimate has been done.

Mr. Kol presented photographs showing the flooding on their property.

Mr. Hempstead asked why the City is getting involved when this pond is on State property and the problem is on private property. Mr. Kol said that he would like permission to hook up to the town drainage system. Mr. Linnartz said that he has had two meetings with the State on this issue. The State indicated that they can participate in this issue. However, if this item is to proceed, there would have to be a City/State agreement. This agreement will have to go the Law Department.

Mr. Alvord said that this does not involve City liability. If the State is willing to share equally, he would want to help the property owner to move this along to the next step.

Mr. Kol said that the State has copped out, but Senator Genuario has been a great help and they are very grateful to him.

Mr. Poruban agreed that this item should be moved to the next step.

** MR. BONDI MOVED TO SUSPEND THE RULES TO ADD AN ITEM TO THE AGENDA
** MOTION PASSED UNANIMOUSLY

DISCUSSION – BEACON STREET/TRYON STREET PAVING

Mr. Vinny Penna, owner of Penna Construction came before the Committee to request a fee waiver.

Mr. Penna explained that a resident had a sewer back up and wanted to tie into the sewer lateral. Mr. Penna went to City Hall and the records did not show a lateral. When he dug, he found a lateral going through the property that was not on the plan. He tied her into the lateral and installed the line.

Mr. Linnartz said that the City records are not complete on the older sewer lines, and unfortunately laterals are found during construction.

Mr. Alvord said that when the Smith’s purchased the home it was represented as being on the sewer system, but it was not. The City was not at fault. Mrs. Smith was at one meeting and asked if there was a way to reduce the costs, but they were unable to do so.

Mr. Penna said that he opened and dug up the road with the intention of installing a lateral. He said that he is out the lateral money, but is looking to see if any of the other fees could be waived.

Mr. Hempstead and Mr. Bondi said that they felt it was not unreasonable to waive the fee.

Mr. Alvord said that waiving the fee would be out of sympathy and charity. As a policy making body, they have to understand what the precedent is.

Mr. Alvord suggested waiving the fee for Mr. Penna only. He is always in good standing with the City and is convinced that he will never be compensated by the homeowners.

** MR. BONDI MOVED TO DIRECT THE DIRECTOR OF PUBLIC WORKS TO WAIVE THE FEES
** MOTION PASSED UNANIMOUSLY

DISCUSSION – SCREENER AND CURBING MACHINE

Mr. Alvord reviewed the memo requesting the purchase of an additional screening and curbing machine.

** MR. HILLIARD MOVED THAT THE SENSE OF THE COMMITTEE IS TO MOVE FORWARD WITH RFI’S
** MOTION PASSED UNANIMOUSLY

DISCUSSION – DPW ADVERTISING, BIDDING AND CONTRACTING PROCEDURES

Mr. Alvord said that he wants the Committee to understand the process. He explained the bid process.

DISCUSSION – TRANSFER STATION POLICIES AND FEES

Mr. Alvord said that this item was on the agenda because he has about 35 complaints from residents who old permits with 3 ton limits. He said that a number of people have complained that 3 tons is not enough and suggested increasing the limit to 5 tons.

Mr. Bondi said that he feels 3 tons is enough and the limit should not be increased. Mr. Alvord said that the people who complain are usually the ones hauling commercial waste and not residential waste.

The sense of the committee is to keep the limit to 3 tons.

DISCUSSION – CLAIMS PROCESSING/LAW DEPARTMENT REVIEW

This item was not discussed.

DISCUSSION – TRAFFIC SIGNAL SYSTEM UPGRADE PROJECT

Mr. Linnartz explained that the City is working with the CT DOT to upgrade the traffic signal system. Mr. Alvord described the system.

Mr. Linnartz said that the next step will be to hold an open house on September 7th from 4 – 7 p.m. Notices will be sent to groups that require notification by the State. It will take two years before construction begins.

Mr. Linnartz said that he will have the resolution ready for the next meeting.

ACTION ON ANY ITEM DISCUSSED HEREIN

There were no further items discussed.

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

The meeting was adjourned at 10:15 p.m.

Respectfully submitted,

Rosemarie Lombardi
Telesco Secretarial Services


 

 

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